and in their visible Communion During this Tract of time can any Man think that no Clergy Men had any Conferences with their Dissenting Bishops hereupon And in those Conferences did those Fathers Condemn and forbid these Prayers at which themselves were daily present No I believe no where and somewhere in several instances I know the contrary that directions have been given to use our present Forms But one thing I will further tell you that these innocent Fathers were not so gulled as you pretend in the first motions For upon the Enthroning of their present Majesties and the Change of the Prayers and Oath of new Allegiance the Recusant Bishops met together in Consultation how to act in these Affairs and after all Debates agitated they came to this Resolution that they would not oppose the Prayers for that it would seem too invidious and uncharitable to deny their Majesties our Devotions but determined only to stick at the Oath This I presume those Fathers will not deny and if any of them should hereafter challenge me for this Report I will give them my Author whom I presume no Man can Impeach of falsehood or Detraction But I would not have mentioned this had not you reproached me with the Lye even while you endeavour to cover the most evident Truths with Clouds and Darkness Nor do I mention this to cast a blemish on them For did not their Deprivations seem to them Schismatical I believe they would not have repudiated our Communion upon the mere account of our Prayers as neither did your great Coryphaeus till the Deprivation of the Primate All which is open Truth tho' these Fathers never read these Prayers which I never charged on them since 't is otherwise very rare to hear Bishops reading the Prayers in any Church whatsoever And this Concession to these Prayers being past on their most serious considerations there was no Cause why they should blow the Trumpet against what they judged lawful But had they really judged the contrary this concurrence had been worse than the neglect of winking Watch-Men or the silence of dumb Dogs to which I never compared them tho' your Censorious Rigours must brand this moderation with more infamous Characters as is evident from this Discourse of yours and the second Chapter of the first Part of your Treatise of Christian Communion And having thus vindicated their Equity and my Reverence thereof methinks such a Man of Manners as you have approved your self hitherto to be should have besprinkled our Fathers also a little more decently and not as generally you do with Tinctures drawn from the Lake of Sodom But to leave you to the felicity of your own good Humours I shall only observe what a silly innuendo you flurt upon the Secretaries or Council of State that they were in great fear what stirs these Bishops would make had they not concerted with Mr. Jones at the Savoy to carry on this Religious Intrigue in the Blind whereas these Fathers expected their determined Fate with all imaginable calmness and serenity as Men that well understood the patience of Saints And in that exemplary Patience they were impatient at those who thro' too great bitterness called our Conformity the Apostacy of the Church of England for the truth of which if you will not believe me I hope you will Mr. Dodwell to whom I therefore refer you for satisfaction And therefore you that would raise you a Monument out of those Flames you kindle by reproaching us with infamous Imputations recede from the pattern and act without the direction of your Fathers Dyscher Another Reason why we may lawfully join in those Prayers is because as you would Perswade us King James and your King William are very good Friends That King James is not among the number of King William and Queen Mary's Enemies MS. Reflex And you prove it for that the Prayers express him not and that you rank him not among the number of King William and Queen Mrry's Enemies For an Enemy is one that designeth to injure a Man and we are not sure that King James doth so design against King William But do you not verily believe that K. James would willingly regain his Crown if he could and consequently dispossess King William Or do you think this no Injury to K. William And no more say you can be intended in those Prayers of the Liturgy for King William than to defeat him King James in that Injurious intention For we pray for no Mans nor Kings Destruction or hurt These are * Sol. Ab. pag. 14. your reasons why no Jacobite ought to Scruple to join with you in the Common-Prayers for King William viz. To strengthen him that he may Vanquish and overcome all his Enemies because King James intends him no Injury Transubstantiation is easie to this This is perswading us out of all our Senses at once King James and King William appear upon the Head of two Armies * These two words might well have been spared to cover c. and Fight and each calls those Rebels that adhere to the other and yet they are not Enemies It is no hurt to the one if the other get the Victory and therefore you may Pray for Victory to King William without meaning any hurt to King James Why then are you offended at those that Pray for Victory to King James against King William Here is no Injury intended to King William only that King James may have a Victory that is all Is this the Argument to perswade Mens Consciences to join in your Common Prayers Is this the strength of your Cause The strong and solid Conviction of the sincerity and plainness of your Dealing MS. Reflex But supposing he will do no Wrong yet sure he may demand and endeavour to recover his Right And I am apt to think that your little ambitious Dutch Saviour would think no Man in the World so much his Enemy as he that demands three Kingdoms from him Nor do we call only those Enemies who design Injuries but even all who actually oppose each other or between whom there is any Contest let their Designs be what they will or their Cause right or wrong And after all your daubing he certainly is accounted the greatest Enemy for whose sake all others are judged Enemies Now tho' the King of France be such an abominable Enemy he should soon he esteemed the best Friend if he would but renounce the Interest of K. James and suport the Usurpation of the Prince of Orange T. B. Sec. Lett. pag. 32 33. Eucher In this Triumphant and fastidious Harangue these things severally offer themselves to our Consideration 1st Whether the Strength of our Cause lies in this Account of our Prayers 2dly Whether this be not the Sense of many Jacobites 3dly What is the full importance of the word Enemy 4thly What the importance of Vanquishment and overcoming 5thly What really is the lawful Sense of these words in the
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
Union Eucher As to that Principle of the Identity of Church and State and the Consequences Men draw from thence to assert the Right of Civil Authority in Spiritual Processes I leave it to them whose Heads are clear enough to justifie it But for my own part allowing your exceptions to the contrary yet our Case has justified it self ex naturâ Rei And I must further advertise you that this Church has long submitted to the use of such Powers over us and that fundamentally in Q. Elizabeth's Reformation and in many other matters in which the State had not so much pretence of Right or Necessity all which have passed uncensured by us but in this whether well or ill God must judge The Subscription of a Popish Clergy to avoid a Premunire drew after it such Acts of Parliament as thro' which we can make no provision for the Church noâ— move a question for her good without Royal License nor have so much freedom in our Concernments and Duties as every little Corporated Burrough has in it's voluntary Councils which tho' it be a tolerable Condition under a good King that has a Zeal for Christianity yet under an Irreligious King 't is an absolute Bondage and bar to the Primitive Purity Course and Vigour of Religion In the Reign of Edward the VI. they struck out the Ordinaries names out of all Processes Ecclesiastical and set in the Kings as if all Church Power had been derived from the Crown the non-payment of Tenths tho' omitted by mere neglect and not on any Principle of Opinion remains yet a Cause of Deprivation And those shackles which the State of old thought necessary to restrain us from Popery now the reasons of that Conduct are cessant become great Obstacles to the Primitive and Catholic Reformation of our yet remaining defects of which thâ—s Church upon a just liberty and Authority restored her would become the first Example and the noblest Standard Yet all this Subjection we have born in Silence tho' hereby only can Popery be reduced whensoever a Popish Conjuncture shall arise upon us and no Body has yet dared to offer a good mediation with the Public for a Temperament in these things And if our dulness herein has not been by us or you accounted Schismatical shall we be judged Schismatics in admitting these much more reasonable Deprivations in which the Lay-powers are concerned not only in point of Care and Interest but even in certain and undubitable measures of Right Dyscher How so Sir Eucher As the State is the Churches Hospital so a Corporal or Civil Communion is substrate to the visible Communion of the Church For tho' I allow you what you * Sol. ab pag. 25. justly challenge to the innocent a primitive fundamental and undeniable Right to good as well in common as in consecrated Places yet it is certain that in order to this Claim they must give all just security and assurance of their innocency upon Test demanded by the Civil Powers that are Guardians of these fundamental Liberties to all good Subjects of which innocency an Oath of Allegiance seems the most obvious proper and usual Form of security between Subjects and Sovereigns Otherwise the Civil Powers may restrain those Libeties of which they are the Trustees Thus a Civil Soveraign may prohibit and punish all conversation with the Enemies or Recusants of his Civil Authority Now conversation simply in it self alone is a secular communication but absolutely Fundamental to the Ecclesiastical which is a visible Communion in Spirituals Though then the Secular Authority alone as such does not touch the Spirituals yet it may upon just and legal Causes take away all that secular and local Communion that is substrate to the Ecclesiastical And he that may upon Recusancies of Subjection forbid all personal Communication with a Recusant may forbid it in any certain Place Time Matter or Measure and consequently at all such Times and Places when and where the Recusant may call upon him to attend in Spirituals But this Right and Authority of the Magistrate I lodge not in arbitrary will respectively but on the nature and merit of the provocation And the Right which the Christians have to the Liberty of their Sacred Functions is not peculiar to them as Christians by a Charter altogether unconditionally exempt from Civil Powers and so a Right of Gods positive constitution in the Church as a Society founded by Christ liable to no secular Reflections for any Cause whatsoever but is a common and natural Right to all Persons of clear and unspotted innocency as such to do that which is good originally due to them from the Creation And hence Civil Powers becoming Judges of our Morals and Innocency are Guardians of that natural Right but may justly deny it to others but will not approve their innocency by due Tests to the Public Peace of the Government to which Recusants therefore the rightful Capacity Ecclesiastical Communion is lost when the natural Right to Society is either totally or in the proper opportunities of sacred Communion justly denied by the Civil Powers And to say true he that by ill Principles or Practices deserves the loss and deprivation of all common Society much more deserves the deprivation of the Spiritual that stands as a Super-structure on the other And therefore if our ill merits Authorize the Powers to take away at the bottom the Foundation of our Religious Commuion they can tho' not directly and immediatly touch yet undermine the spiritual Structure by destroying its secular Foundation which lies within the Authority and Care of Civil Powers So that in this respect and form an Heathen Prince may rightly deprive seditious or disloyal Priests of the Priviledge of actually using their Ecclesiastical Functions by rightly denying them so much secular Society as is Fundamentally requisite to the exercise of them And thus far a Statute of Deprivation may have this Civil obligation that no Subject shall yield corporal Communion with Recusant Priests when they call him to sacred Offices any where and Laws may shut them out from consecrated Places that there may be no such local Society in them And if such Recusancy against civil Powers be notorious confessed or avowed then is such Act of State both just and civil only but at the same time the bottom of the Recusants Ecclesiastical Offices is righteously and validly taken away Dyscher Well well notwithstanding these Subtilties yet the Temporal Powers cannot take away the actual Relation between Priest and People tho' they may suspend or incapacitate them hereby from the actual Ministeries of their Orders And so hence accrues no Right to civil Powers to impose new Bishops on the Church Eucher There are two known Canonical Causes of depriving Spiritual Persons Immoralities and erroneous Principles So that if either of these hath merited and drawn after it a Forfeiture and Deprivation of all that secular and local Communion and Society which is necessary to the
seasonably tell you that the alteration of our Sovereigns was more legal than the change of the Theocracy to Chaldaean Persian Graecian and Roman Sovereigns yet even for these the Jews were to offer Prayers and Sacrifices and so is the Greek Church to pray for the new Grand Seigniors brought into the Sovereignty upon the rebellious expulsion of the former yet surviving in Bonds and Prison without any scruple of Allegiance to their new Master hereupon Now if they ought to make an Ecclesiastical Opposition to such an Imperial Change then their ready conformity thereto puts them into that same state of sinful Religion which you charge upon us and how then are they in and we out of Right to Ecclesical Communion But to speak truth I could not have thought that men of such Primitive Rigour and Purity could Ligitimate that great corruption in the Greek Church which tho' of it self it doth not actually and totally Unchurch them yet it is a most deplorable profanation of the supreamest Order in their Hierarchy and such as a General Council upon the perpetual Sense and Principles of the Church Catholick cannot but condemn for impious and irregular But now I am under a passionate concern for this Author lest this Principle of his bring him under that Heresie which your learned Vindicator of the deprived Bishops if he keeps up an impregnable impartiality against all Errors will be apt to find in it Sure I am here is laid a Rule for our Church to admit from the State even the most arbitrary removes and changes of Bishops for no cause at all but only to humour the State in Tyranny or Simony according to Doct. Hody's Doctrine and here is conceded far more than was by the subscription of a Popish Convocation for fear of a Premunire and more than the Pope or Henry VIII ever arrogated to their Headship or Supremacy and to use your former words * Sol. Ab. p. 29. a blemish not to be endured in any Church whatsoever it incurs for the Opposition But so it is and so it will be when men are pressed too hard in point of Argument that to avoid one absurdity they run into another which is many times worse and more notoriously offensive Dyscher Well then we 'll let alone the Greek Church herein to Gods Judgment But as for you that think to shelter your selves under their shade you are not capable of that their Plea For I do not know that we want an Ecclesiastical Judge Our Metropolitan with his Suffragans are a sufficient and proper Judge And if they have not lata sententia which there may be great Reason to forbear yet in Praxi their Judgments are sufficiently declared T. B's 2d Lett. p. â—1 Eucher That the deprived Metropolitan and Fathers are a proper Court or Council of Ecclesiastical Judges upon all conforming Bishops Clergy and Laity of the Realm I do utterly deny for many Reasons In the Province of York they have no jurisdiction nor can they make a distinct Synod from the rest of their Colleagues within the Province of Canterbury So that had a Synod of meer Bishops been called therein before any Bishops made by King William this had been a Synod against which no Uncanonical Ordination or Enthronement could have been objected and yet the Majority of these would have condemned their Recusancy if we may judge of their Sentence by their Conformity But further by our Constitution the Body of the Clergy are concerned in our Synods and which way think you would your Cause have gone in a full and Canonical Convocation This your wife Author of Christian Communion well saw and therefore would not adventure the issue * Part 2. Ch. 4. to a Synodical Determination But yet neither have these Fathers given a definitive Sentence of Excision upon us which yet is necessary where the actual Excision passes not meerly on the uncontested notoriety and malignity of the Crime which we suppose at present not to be our State And let the Reasons of their forbearing Sentence be what they will yet as long as we are not self-condemned but stand upon our Defence we are not yet actually excommunicate by any effectual judgment of these Fathers Nor can their practice amount to so much either Legally or intentionally Time was and yet is I believe when several of these Fathers would not censure our Submission to the present Civil Government as criminal and heinous And one of those Prelates in a publick Oration to his Clergy strictly charged them to abstain from all oblique Reflections on each other for refusing or admitting the Oath of New Allegiance but to retain Charitable Opinions each toward the other which being a publick act of that Father 's at the head of his Diocess will not I hope be denyed as a Lye nor may I be condemned for uncovering a secret since this was not such nor transacted in a corner nor need that Reverend Father be ashamed or unwilling to own it since it was a most Illustrious Indication of his Excellent Piety and Moderation but withal a clear confutation of that pretended censure which you place in their Practice For the Practice of not Swearing may in several Men have several causes some may condemn the Allegiance some may doubt only some may have aspects on another Revolution others to the reproach of our and to the esteem of another Party some to their former Writings or Pretensions points of honour or the Fatigues of a Publick Station So that except one unanimous Sentence against the Allegiance be judicially given the argument from practice is very unconcluding But besides the Practice of the Majority will as much condemn them as theirs can us if this be of any such importance toward a Judicial Excommunication So silly it is for Men to hunt after such feeble Cavils on purpose that they may seem to have somewhat to say and not be born down by that Truth against which they have formed a Faction Dyscher Well However I told you that there is danger in your Communion and I should have added that the sin is unavoidable in it because the Secession was on your side from us and Righteousness we still continuing as we were but see I pray what answer you made me hereupon that I may take off the vizor and lay open your Hypocrisie You say * Sol. Ab. p. 6. that though our Church Justly and Absolutely rejects the Roman Monarchy yet she will not refuse any Lawful Communion or correspondence with it in any good Ecclesiastical Negotiations consistent with Integrity saving still a Publick Remonstrance to all her Pollutions What can be the meaning of this but that your Church is ready and willing to joyn in Communion with the Church of Rome as many of your Brethren take the Oath with a Declaration This and no other can be your meaning else your Argument and Parallel is sensless and insignificant for thus it follows so should you
Estate and the Personal Authority Here is a Man that really was and still Asserts himself Christ's Ambassador Residentiary Vicar and Vice-gerent Comes a Tyrant or a Rout and violently expells this Ambassador This is a Crime against the Laws of Nations and the Rights of Royal Majesty and is a direct affront to our Lord Christ But this is not all This Tyrant or Rout corrupts a few of other our Lord's Ministers and they in their Lord's name give Credential Commissions to an impostor set up by these Enemies of our Lord to supply the defect of the ejected Ambassador this augments surely not lessens the insolence and no Prince whatsoever can connive thereat without severe and vindicative Resentments Now whether shall the Church own for Christ's Messenger him that he sent but others barbarously expelled or him that he sent not but others impudently obtruded Doth not our Saviour say to them whom he sent as his Father sent him He that despiseth you despiseth me and he that despiseth 〈◊〉 dâ—spiseth him that sent me And can we admit this contempt upon his Messengers without being Accomplices therein And what if this is necessary for the Clergy at present to save their promotions Must we value these before the Divine Laws of the Hierarchy and Communion Are we thus taught to contemn the World indeed as to quit all the Authorities of our Lord's Dignation rather than loose a little Worldly Interest When our Lord saith He that loveth the World or the things that are in the World more than him the love of the Father is not in him nor can he be Christ's Disciple But however if the Clergy be not degenerous they can preserve their Bishops in the exercise of their Spiritual Auâ—â—oâ—â—ties tho' not in the Enjoyment of their Estates and Temporalities For from what is Spiritual no Secular force can alone Depose them without Câ—usâ— and the concurrence of the Church Shall outward force force us into Intestine Schism or Disorder or can no Division from our Fathers be Schismatical admitted for fear of Temporal force But one thing more will I ask the Dr. whether we must admit such Deposition as violent Power pretends to before a new violent filling of the Sees with others If not then are we not to Sacrifice all the Secular Peace and then the See being not vacant by such pretended Deposition either the Deposition formally consists in the new Intrusion and so the Intrusion must on the Drs. Hypothesis be invalid and so cannot oblige us to admit it or if the Intrusion be not the Deposition then the former Bishop c. is not Deposed and the latter either is not possessed or two Anti-Bishops can be and are joyntly possessed of the same Episcopal See and Authority But if we may or must abide by the pretended Secular Deposition before a new Intruder then what if the Secular Tyranny will not concede us any Bishop Must we Sacrifice here too No here the Dr. is tender and will not Sacrifice he will have some Bishop or other by Mr. Mobs favour whether his Irrestibleship will or no. Now then let us reduce this Prudential Principle into Practice and if you can bear a little teizing I will discuss its Virtue Eucher Proceed Dyscher Suppose then upon an Irretrievable Deposition of Bishops by mere force the Tyrannick Powers neglect to new furnish the Churches what course must they take for a Supply Eucher Petition those Powers thereunto Dyscher What if these Powers Conscious of this your Drs. Principle always give fair Promises but never intend to repair the Breach how long must the Church wait Eucher Till such time as they see no hope of relief and as long as the Church can forbear without damage to the Substance of Religion Dyscher Well then suppose the Church can forbear no longer or the Tyranny absolutely denies to fill the Sees who shall then provide for the Church Eucher The other Undeprived Bishops and Clergy Dyscher But while or before they go about this the Irresistible Irretrievably deprives them also how shall the Cut go then Eucher Then the Church-wardens must try what they can do for their People Dyscher But let them be Irretreivably Deposed too and how then Eucher Then the multitude of Christian Churches Dyscher Tho' here I could demand how an unorganized Multitude can Act Uniformly yet I will not pinch you that way but what Priests must or can they provide the Old that are Deprived or New Eucher The old Case of Sees c. pag. 41. Dyscher What upon their Old Title or your New Investiture Eucher Here I am in a strait but let it be on their Old Title what then Dyscher Then they may not abide by the pretended Forcible Deposition till a new Intrusion nor is that Deposition Irretrievable as the Dr. sometimes supposes it for an Irretrievable Deposition is an effectual one whose effect cannot be vacated or reversed while yet at another time the Dr. allows the Deposition to be Invalid but an Invalid Deposition is null 't is no Deposition whereas an Irretrievable Deposition is a most effectual and real one as I have said Eucher Well then what if to avoid these difficulties we allow the reinvestiture of the former Priests by a new Title Dyscher But they will not accept it as knowing that their old Title is permanent and unimpaired by the null pretended Deposition and consequently that a pretended new Investiture is null because needless and anticipated besides we know that the acts of mere Laity cannot Canonically erect an Hierarchy Eucher Let them then procure a new Sett Dyscher But where will they find Persons qualified or willing to enter into such a deposable Office or to ordain them against Mr. Irresistibles will who will presently Irretrievably Depose them To this issue of Absurdity and Contradiction the Drs. Principle must of necessity bring him And he were better resolve that the Church may admit an open and utter Dissolution of the Hierarchy than dwindle it away after this poor precarious manner of Sophistry Have you any thing more to alledge from the Doctor Eucher Yes yes If the Bishop of a Frontier Town will not own the Authority of a Conqueror and is therefore Deposed by that Conquerour I desire to know of you whether the Clergy of that Town are Perjur'd if they own that Bishop whom the Conqueror thinks fit to set over them Case of Sees p. 6. Dyscher I smell your design well enough to bring me into a snare but I can answer the Dr. upon your Principles For if the Conqueror be not settled in Form of Law all he does is of no Validity and the Clergy are to have no regard to his violences upon the Bishop nor his Illegal intrusion of another But if he upon Conquest hath attained to a Formal Settlement there is a just Cause on the Merits of which the Recusant Bishop at the Command of the Conqueror may be ejected by the Church and
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
is still asserted while the people turn to both sides with the Secular Wind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And I believe no body can make it out And I think we must make the Proceedings of the Church at the best to follow the pretended measures of Right and Rule or condemn them for wrong in every Instance produced by the Dr. Dyscher What course then will you take to excuse the Churches in admitting and maintaining Anti-Bishops against the Invalidly ejected Proprietors still claiming Eucher Upon what particular Motives they did Act it is impossible for me to determine but I think I can set such Rules according to which they might act validly not otherwise First then I admit that all the Imperial Ejections were not proper Depositions but either Antecedents or Consequents of them Now if the standing Councils of the Churches find the Bishop wickedly ejected by the Secular Arm or without any declared Cause they ought not to admit any other Bishop without the consent of and during a capacity of Communication with the Ejected or his Deputies But upon defect of such Capacity they may admit an Orthodox Bishop as a Sagan not as an Anti-Bishop to the absent to resign and concede at his return Much of this Photius engaged to the Ignatians under his hand if the Drs. Metrophanes be true in this particular †Case of c. Ch. 14. Pag. 148. * that he would carry himself toward Ignatius as towards an unblamable Patriarch and neither spake any thing against himself nor approve of any that should do so But being hereupon received t is said he took away the Paper he had so Subscribed and then deposed Ignatius He was therefore sensible that such a Subscription would have engaged him to Resign whenever Ignatius should return It being a Contract not to stand as Anti-Patriarch against Ignatius But in Case the Expulsion be for Notorious Villany incompatible with Episcopal Sanctity then even without a Synodical Sentence the Councils of the Church may establish another Successor as in the Case of †Vindic. of Dep. Bâ—sh Pag. 71. c. Case of Sees c. Callinicus Patriarch of Constantinople banished to Rome for open and effectual High-Treason in whose stead Cyrus was admitted And here your Vindicator acknowledges there was no need of a Synod to deprive him upon the notoriety and heinousness of the Guilt and the Dr. rightly observes against him that there was no need of a presumed Cession in Callinicus but then the Church if she acted Piously look'd on more than bare possession in Cyrus namely to the ill Merits as well as Fortunes of Callinicus as the just ground of quitting him for Cyrus Indubitable charges of the Secular Powers removing the impeached Prelate beyond the reach of Ecclesiastical Communication the standing Council of the Church may admit another for the present reserving the Cause of the Ejected to Ecclesiastical Cognisance whensoever there shall be opportunity and Equity binds the Ejected to admit these Ecclesiastical procedures because just and necessary And with this Design the Councils of the Church might admit new Bishops when the former had fallen under Imperial or Civil Condemnations to remote Exiles for Crimes charged on them by the solemn Credit or Averment of the Secular Powers to whose Proceedings and Declarations in the mean time we owe a just Defference and Veneration And if in all those the Drs. Instances wherein heinous crimes are pretended as the true causes of the Exiles the Churches had admitted the new Ones with such a Reservation of trying the Causes perfectly upon a fair opportunity I think their new Admissions had been not only valid but just too and a charitative Presumption of such intention in the Churches Admissions of the New Bishops will I believe excuse those Admissions at our Tribunal from Schism and Invalidity But when all comes to all none of this Hypothesis these Questions or instances are applicable to our Case for our ejected Fathers are not removed from the free presence of and Communication with their Diocesses so that they need not any other Substitute for want of their Presence and Authority from whom if there were no other Cause or Reason we could not recede without their Concession And this is conclusible from †Case of c. Ch. 4. §. 1. Pag. 41. the Drs. own words and instances For saith he should our Magistrates like the Persecutors those Ages viz. the three first centuries endeavour to destroy Christianity by depriving us of our Bishops and by suffering none to be substituted in their Rooms then those Bishops would be our own Bishops and as such we should still adhere to them As the Church of Antioch stuck to Eustathius ejected by an Heretical Synod and banished by the Emperour †Case of Sees c. 〈◊〉 4. §. 1. Pag. 41. till the Catholick Bishop Meletius was settled in his See upon which Eustathius quitted his Episcopal Care and Government and not before Now from hence 't is plain that Civil Separations are not real Deprivations or Depositions and that the Admission of an Heretical Intruder thereupon does not create a Deprivation of a Catholick Bishop from his Church So that all the Question remaining herein is whether the Introduction of an Orthodox Bishop be an effectual Deprivation For if so the Orthodox Church introducing the New Orthodox Bishop must intend to deprive the former Good Persecuted Confessor Bishop but who can think that an Orthodox Church will or can do this according to the Rules of Orthodoxy But then again this is no Lay-Deprivation and yet on the Drs. Hypothesis must be Unjust Invalid and Uncanonical and yet I pray must it be done by an Orthodox Church according to the Rules of Orthodoxy Even so it must be according to the Drs. but not the Catholick Principles But if the Church by the introduction of a New does not intend to deprive the Old then the Old Bishops Title and Relation to his Church is still retained and permanent and the New is no Anti-Bishop to the Old but must resign upon the return of the former except it be otherwise Canonically contracted And in the Drs. own instance who can think that the Catholick Church in Antioch by admitting Meletius did depose Eustathius to whom they ever had so firmly adhered during all the Arian Persecution It must therefore be resolved that Eustathius directed or admitted the Introduction of Meletius in that hereupon he omitted and quitted his Episcopal Care or that the Church admitted him not against Eustathius but in his stead until his Return and Restitution upon which Eustathius wholly Resigned or discontinued and gave place And so the same may be well judged †Case of c. Ch. 17. in the Succession of Macedonius to Euphemius in the Constantinopolitan Patriarchate even as the Case is Stated by the Dr. especially since Macedonius besides other good Offices would not wear his Omophorion in the presence of Euphemius shewing
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
For if all the Bishops Priests and Christian Laity with them will adhere to those whom the Statute dooms to Deprivation how can the Statute pass into an Ecclesiastical Effect And so the Church ought always to do if they shall apparently persecute her Bishops for Righteousness sake to hinder their temporal Laws from attaining an Ecclesiastical Effect against the innocent whatsoever afflictions they may suffer for the opposition And if ever Popery Arianism Socinianism or Erastianism should which God forbid press it self upon us by Act of Parliament I doubt not but our Church also will herein become Recusant against such Laws and seal their Integrity with their Blood So that in our Case the only Question herein is whether this Law upon the Church to admit the Deprivation be unjust or no If it be in the Churches Judgment she ought to refuse it if not unjust 't is admissible Now this we believe and you the contrary and God must judge between us but in the mean time the church must act according to her present Convictions Dyscher But the form of the Statute is that the Recusants shall be ipso facto Deprived which must import the actual Deprivation to be completed purely by the mere virtue of this Act antecedently to the Concurrence of the Church Eucher I would willingly allow you that this is the Sense of the Parliament if you can clear it from Non-sense of which I am not willing that great Assembly should be impeached And I will also grant you that the mere Virtue of the Statute alone can deprive them of their Temporalities without the Churches Concurrence But perhaps all Decrees of Humane Power in things dubious and future have this tacit yet necessary Supposition quantum in nobis est as much as in them lies for farther certainly no Power can go And further as to the Spiritualties 't is possible the Parliament might intend no more than this that the Recusants should be ejected or quitted by the Church upon and undoubted presumption of her submissive Concurrence or the Recusants own Cession when the Temporalities were gone and their Non-resistance to such necessary and valid Laws But the Senses of Statutes I leave to the Parliament and the Judges while yet you and I know our Ecclesiastical Principles and Obligations in matters truly Spiritual and Christian and must act accordingly whatsoever Lay-men or Lawyers think hereupon And agreeably the Dean and Chapter of the Metropolitical Church looking upon the Sees of the Recusant Bishops de jure vacant discharged the Recusants of their Authority by taking the Jurisdiction to themselves which in such Cases they judged lawful by the Laws of God as well as Man as also Canonical according to our Constitutions tho' herein they assume no ordinary or proper form of Jurisdiction over Bishops not fallen de jure from their Sees and you may very well remember that I noted against this expected Objection in our last Conference †Sol. Ab. pag. 29. that this was and might be done upon judgment of Conscience for themselves and the Church but not of ordinary Jurisdiction over the Bishop And therefore you ought not to have charged this upon us as if we herein own such a Jurisdiction which we disclaim but have proved that the Church may not upon just and necessary Causes desert her Bishop over whom otherwise she confessedly has no proper formal or ordinary Jurisdiction It is most evidently plain that if the Causes be just our Canonical and Legal Constitutions not only allow but require such a Divorce from the fallen Bishop and assign the Jurisdiction to the Church Metropolitical Now if this our Constitution be irregular and invalid why did the Deprived ever own it till now the operation of it came upon them And therefore whether this imports such a formal Jurisdiction or no which yet I deny it cannot be reproached for Uncanonical without condemning our first Reformation and those Models to which your selves have hitherto sworn Canonical observance Dyscher What I have said saves me the pains of reflecting further on what you say in calling the Concurrence of some of the Clergy the Act and Concurrence of the whole Church of England But how the whole Church of England can be represented not only without the Metropolitan and many of his Suffragan Bishops by anumber no matter how many of the inferior Clergy in direct opposition and rebellion against their Lawful Superiors how this can be justified to be a true and Canonical Repre-sentation of the Church of England I leave to you to explain and to distinguish from the gainsaying of Korah Ms Reflex Eucher Except I much forget my self I never asserted any number of inferiour Clergy-men to be Representatives to the whole Church of England nor yet that the Bishops were deprived by the Representative Body of the whole Church but this I say that the actual Ecclesiastical ejection is performed successively by several Representative parts of the whole Church as first by the Metropolitical Church and then the Diocesan Chapters representing their respective Province and Dioceses Now upon an Act for Deprivation the See upon just causes becoming de jure vacant the Course of our Ecclesiastical Politie is such The Metropolitical Church first takes and deputes the jurisdiction the Diocesan Chapters omit their acknowledgments of their former Bishops and at length upon precept proceed to a new Election Bishops upon this except in mere Translations consecrate the Elected thence the whole Episcopal Colledge own the new as do the Cathedral Clergy in their offices and devotions and all the Clergy in person and the Laity by their representative Churchwardens in admitting the Visitations of the new Prelates and executing their precepts Ecclesiastical and all Lay-men personally own them that recieve their Confirmations Benedictions or any other Sacred Ordinances from them or with them as Bishops All which being uniformly and peaceably promoted by these gradations if of much more Weight and Efficacie than a mere Synodical Censure before it has attained to such an actual consequent Reception in the whole Church And therefore when this Process is complete we may truly say the Bishops are Ecclesiastically outed not by the Church representative but by the Church original And hence such a plenary consent of the Church diffusive against a few Bishops and Clergy on the account of their Recusancy must in legal and equitable construction be presumed to proceed from a common uniform Sense of their notorious incapacity and ineptitude of guiding Consciences and exercising Episcopal Functions and Authorities under the present State And upon notorious incapacities the Church may alienate her self from the incapacitated and recurr to other Bishops for new Consecrations or Investitures especially when justly required thereto by the offended Powers And if any incapacity of exercising the Pontifical Authority had been upon Aaron especially from disowning the Principality of Moses which is or comes very near your Case and Korah had opposed him
the Election of Bishops had been freely left to our Convocations they would have admitted few or none of those whom our Kings have advanced but yet the Chapters electing have consented to the Legality of those Nominations which they have not always judged so expedient and the Episcopal Colledge have consented to their Communion with the rest of the Clergy as well in as out of Convocation as no doubt they will with the new Archbishop at their next meeting without breaking any Silence against him by way of Dissent And now at last I am come to your Questions about the Deposition of Episcopacy And first you say the Bishops and Clergy of Scotland are silent under the Abolition of Episcopacy it self and twit me that hereby belike they concur to that Act of Abolition No Brother this does not follow from me but according to you their Silence is a betraying their Right But here again you cannot distinguish the Case of quitting a Personal Right to an Authority which is our Case from the Abolition of the Authority it self Universally which is the Case of Scotland For they that can legally do the former may not legally do the latter For the King can depose the Judges but not the Courts and dismiss other Officers whose Offices he cannot abrogate And the Church can depose Priests and Bishops but not the Priesthood or Episcopacy And whether any Civil State has more intrinsick Power in the Spirituals of the Church than the Church her self ever had in most perfect Freedom judge you But here I must Advocate for the Bishops and Clergy of Scotland against your Calumnies For tho' they made no formal Protestation at Parliament yet they assert their Episcopacy by an avowed Communion of their own and a renunciation of the Presbyterian Model But as to the Civil Power of abrogating Episcopacy here I answer 't is as great as 't is any where but I find not our Parliaments to pretend to the same Opinions here as they do in Scotland and I hope you will not require me to justifie Scottish Pretensions I think the Constitutions of our Orders are founded on Divine Rules and have descended to us by Traditions truly Catholic and Primitive which here we are not so rude to profane or violate by any wanton Claims of Arbitrary Power and in my Opinion the Scots will never acquit themselves well to God his Church and the King till they copy after us where Episcopacy is as well secured as the Scriptures and Sacraments and all the most essential Parts of Christianity But if any of these ever happen to be persecuted here I hope we shall remember Him who on all such Occasions requires us to take up the Cross and follow him And now we are upon this melancholy Speculation of the Church of Scotland I fear the Presages you have made from their fall have been most influential with you to your present Recusancy to those Powers from whom you expect our Dissolution This I confess is a very deplorable jealousie for which if there had been sufficient ground as there was not yet this will not justifie Recusancy to the Civil Powers But the mischief of it is more than Personal and Temporary For hereby the Deprived Fathers who by their glorious merits in the last Reign might have been useful Mediators for the Scotch Church and Promoters of our own are now become uncapable of this second Glory and useless to the Churches happiness by this unfortunate Recusancy But herein I charge no man's Conscience but only bewail the infelicity And shall pray that the Goodness of God will so graciously dispose our Tempers and Affairs as in his own good time to set all things at Right and shew us at length the Light of his countenance Dyscher But let me put these things closely to your Conscience do you verily believe that your Church and Chapters admit the Ecclesiastical Change upon the merits of the Cause and not merely on the fear or acknowledged Authority of the State Eucher I do believe so in very deed just as I have spoken and my reason is because had the Act of Deprivation past for recusancy of Mahometism c. and the Church would never have forsaken their Diocesans nor elected any other even Orthodox Bishops the Act for Deprivation being impious and for that cause unobliging and as loose as Dr. Hody's Rules and as strait as your Principles are I put it close home to his and your Consciences whether on a Case so put or supposed you can think the contrary Dyscher Your jumble of Queen Mary's and Queen Elizabeth Bishops I shall not examine because a full answer to that either already is or suddenly will come abroad Eucher This is what above all I have ever greatly coveted and I have of late been so lucky as to meet with the Sense of †Part 2. Chap. 3. Pag. 33 34. your excellent Author of Christian Communion on this point But because you have hinted to me my shortness of memory I had rather have it repeated from your memory that we may discuss it Dyscher Indeed it was almost lapsed but now upon your Suggestion I have recovered it and will accordingly lay it before you As to this Case of the Marian Bishops saith he or of other Popish Bishops ander Edward the Sixth two things are to be noted in their removal and ejection out of their Bishoprick's One is from the Temporalities the Benefices and Preferments thereof and these Temporal Endowments are directly subjects to the Temporal Power c. The other is from the Spiritual adherence and dependence of the People on them as on heads of Church unity and Communion for religious ministrations And this there was no need to deprive the Popish Bishops of for they had already deprived themselves of it by their own Corruptions both in Doctrines and Devotions Adulterations of Religion and corrupt ministrations of the word of Prayers and Sacraments break the Ligaments which tye on People to this adherence to any Bishops or Pastors yea tho' they were Apostles themselves Tho' we or an Angel from Heaven preach any other Gospel unto you than that which we have preached unto you let him be anathema or accursed saith St. Paul Gal. 1.8 When therefore any Bishops and Pastors instead of heading Christian Truth appear at the head of Vn-Christian Errors the people are discharged from their Obligation and Dependence upon them and are to unite themselves as they can to others who still keep firm to that necessary Truth and Gospel Worship which they have forsaken And this was done by the Popish Bishops who fed the people with false Doctrines and polluted Prayers and Ministrations which left no need of any thing more to deprive them of the Peoples Communion and Dependence these Papal Corruptions of Religious Ministrations being enough to discharge and drive them away of themselves So that the reformed Bishops when they were set at the heads of those Dioceses called
sacred Functions the Church upon certain Notoriety of that Guilt Forfeiture and civil Incapacity may elect and consecrate others who have contracted no such Blemish or Incapacity Nor needs there here the Judgment of a Synod as is confessed in the like Case of Callinicus and Cyrus before mentioned which is only necessary to discuss and determine things dubious in Fact or Right So that in such Cases where there is no Rule set to the contrary the Church on her old original Liberties may of her own accord proceed to a new Promotion and I think ought to do so when the Blemish and consequent Incapacity are irremediable And what the Church in freedom may do without Command she may do when commanded even by those Powers which have no direct Right to manage our Ecclesiasticals as Infidel and Un-Christian Powers have not Yet indirectly I grant a new Settlement in the Church may be necessary to the weal of an Un-Christian State which then has an indirect Right to command the Church within it to fill the Vacancies and then she is in Duty bound to obey not only for Wrath but also for Conscience sake whensoever so commanded as having no Authority to oppose those actual Reasons or the civil Causes of such the secular Commands so that in the lawful Vacancy she must be obedient And if this be a just Rule for the Christian Church under Un-Christian Princes much more ought it to be so under Christian ones to whom as nursing Fathers you know our Church gives great Homage and Deference Have you any thing more to object Dyscher Nothing at all except you will hear me repeat the three last Pages of T. B. spent wholly in charging you with soliciting our total Ruin and Misusage of your deprived Metropolitan and Diocesan on their refusal of a Petition with the same pernicious Design but because I must confess you were most carefully tender of censuring the Counsels of those Fathers and T. B. discovers himself too openly calumnious in those Impeachments I have done and commend us all to God's Grace and Mercy Eucher T. B. is one of those Men who love to speak evil of Dignities and the things they know not supplying the Narrowness of his Understanding with Rage and Bitterness for which I heartily remit him to God's Mercy But as for your Fathers and all the venerable Numbers of good Men fallen in this Change I compassionately beseech them tenderly to lay these things to heart and unanimously to think of some healing Expedient for our mutual Peace and Joy There have been who upon the bare dry Inferences of their Arguments have desired them to desist and quit claim only which is to ask not shew them Charity But might it not be thought too assuming I think I could propose such a certain Scheme of Resolutions as would so effectually close up our present Wounds as to turn all our Sighs and Sorrows into Joys and the Voice of Melody But being conscious of my Station and Measures and doubtful of your Misapprehensions I forbear and leave you and your Counsels to the Divine Conduct and your own Piety that you may happily recover that Union from which your Errors and Infirmities have too much alienated you being willing to hope that as St. Paul said of Onesimus Perhaps you are departed from us for a Season that we should receive you again for ever Amen ADVERTISEMENT WHereas T. B. Sec Let. pag. 29. and the impartial Reflecter vehemently contend against my Suggestion in Sol Ab. pag. 11. that K. James's Dispensation with the Oaths of Allegiance and Supremacy might look like a Concession to us to transfer our Allegiance they dealt with me disingenuously for that I made for them an effectual Answer against that Argument before in which my Conformist silently acquiesced And that Answer I made is stronger and sincerer than theirs which I could teize to purpose were I minded to wrangle But as I made Eucheres abide by just Reason then so will I use no perverseness now And in truth that Passage was brought in not with a Design to insist on it but only to introduce it for a smoother Passage to the Liberties granted us by K. James's Coronation-Oath For which Cause I laying no stress upon that Argument from the Dispensation have wholly omitted to contend with my Adversaries on it in this Debate I hope the wicked Surmise of T. B. that His Majesty would murther the Princess of Denmark and the Duke of Gloucester Sec. Lett. p. 22 if her Royal Highness should outlive the Queen is now fully refuted since her Excellent Majesties Death and it will become T. B. torepent for it in Dust and Ashes A Postscript to Mr. Richard Chiswell SIR SInce I was once an Author of yours in Solomon and Abiathar which you Printed and this very Debate was offered to your Edition once Anno 93 which you declined with thanks to me however for the respect I desire you to consider what an ungrateful office you have undertaken in publishing a Reproach against me and these very Books in the Vniversity Man's Postscript to you I am not offended at this miscarriage in you that are a Man of Interest but yet as you may justly reprove your self and your Sollicitor for this indecent way of abusing your own Authors and Books so I challenge you for a witness of the Falshood he has caused you to Print Look upon my Letter to you sometime in the Summer 93. and therein you will find this Book offered you which this Vniversity Man tells you and by your Press the Nation that it was written since the Book remarked on to secure my self against a Storm I shall makeshort however and desire you to remember my love to him and tell him that it is the most undâ—cent sort of confidence in him of all Men living to despise any Man's Writings for the present Government and to accuse any Pen for Brutality towards the Jacobites He will know the meaning at your first suggestion by the interpreting Conscience within him or that part thereof that is left And so I dismiss you with assurance that I am Your much obliged Servant S. Hill A General Remonstrance to all Good Christians IN the name of God the Sovereign Lord and Judge I remonstrate and protest that I measure not any Men by their Fortunes but their Merits and that the Sufferings of good Men increase my Affections towards them 2. That I published Solomon and Abiathar not for worldly Interest nor with any injurious design nor thro' a vanity of Affectation but on purpose to get satisfaction from the learned in the Right of Communion to the avoiding of Schism 3. That particular provocations made that discussion and it's publication absolutely and inevitably necessary 4. That after its Publication I waited two years for Satisfaction before ever I entred into the present Communion 5. That the Meditations in this Debate have satisfy'd me that our Communion is consistent with the most Catholic and Primitive Rules or else I could not have joyned in it 6. That for my own part I renounce all Ecclesiastic Servitude and all Principles leading thereto and I do declare for an assertion of the Rights and Liberties Hierarchical in contempt of all Persecutions yet not to arrogate that Liberty as a Cloak for Maliciousness 7. That tho' Calumny urged the Publication of this Debate yet that alone should not have prevailed thereunto had I not thought it of good use to reconcile Dissensions and to obviate many growing Prejudices 8. That tho' it be a public blemish that the great Authors of our present Heresies are not yet censured by Authority yet this does not illegitimate our public Communion with the Innocent who have no power to reform it nor can it in the least affect those that make their uttermost remonstrances against it 9. That all Spiteful and Insincere Writers on the point of Communion design to widen our Breaches and are therefore utter Enemies to the Church of God and their Native Country 10. That tho' I had many inducements to have collected all T. B's Flowers of barbarous and unparallelâ—d Railery into one view yet that the odium thereof may not reflect any prejudice on the better part of that side I have forborn remitting him to the friendly correction of his wiser and better Brethren and have so endeavoured to temper this Discourse as that all along Mercy and Truth might meet together that Righteousness and Peace may kiss each other Amen After all whosever is not satisfied to the full may hereby be however induced to beware of censuring us for Men wilfully Perjured and Schismatical since I suppose the reasons here offered are not all contemptible but may justify the Author in his Design of quitting himself from the guilt of those black and horrid Imputations the natural Right of every suspected or accused Innocent FINIS Books Printed for John Everingham at the Star in Ludgate-street THE Spirit of Jacobitism or Remarks upon a Dialogue between K. W. and Benting in a Dialogue between two Friends of the present Government A Sermon Preached before the H. of Lords at the Abbey-Church of St. Peter's Westminster on Thursday the 30th of Jan. 1695 6. being the Martyrdom of K. Ch. I. By the Right Reverend Father in God Humphrey L. Bishop of Bangor A Sermon Preach'd before the House of Lords at the Abbey-church of St. Peter's Westm on Wednesday the 11th of Dec. 1695. being the Day Appointed for a Solemn Fast and Humiliation by the Right Rev. Father in God James L. Bishop of Lincoln Eight Serm. Preach'd on sev Occasions 1. Of the Power and Efficacy of Faith 2. The danger of Mis-informed Conscience or Mistaken Principles in Religion 3. Of the Different Dispensations of Grace and of Impenitency under the best Means of Salvation 4. The Case of a late or Death-bed Repentance 5. The Streight and Certain way to Happiness 6. Of Growth in Grace 7. Of Murther particularly Duelling and Self-Murther 8. Of the Shortness and Instability of Humane Life
their Cause as if it needed any Advocateship especially such as mine For truly they that write honestly for a public Constitution must not pretend a service to Authority but the Benefit only of those that are under it So I resolved to seek a Patron among the other unconcerned Bishops with whom I could hope my Principles would find favour and so adventured it into the Hands of a Prelate whose universal merits are superior to his Character by him it was recommended to my own Right Reverend Diocesan and he by Letters from London acquaints me with his desire of seeing it and as my Duty was to obey herein I sent it him Upon the reading of it he greatly inclined me to the Publication yet withal forewarning me that it would stir up Adversaries he would not press me against my own Judgment During this intercourse the other Book was in the Press and almost finished and as yet my Diocesan knew nothing of it Whereupon I Wrote to his Lordship that I was engaged for the Faith for which I expected much trouble and I knew not what would become of me but his Lordship not knowing any thing more particularly in the matter supposed my fears as he reputed them causeless Upon which I conceded to what his Lordship pleased to do or have done He thereupon puts it under the judgment of other learned Men and it being by them well liked designed with some little variations offered me that it should be Printed In the mean while the storm pursued me without any hopes or intermission and it was loudly given out that it was intended by the agreement of the Bishops that I should be suspended by my Bishop and Prosecuted upon the ruining Statute except I would prevent it by Humiliation c. The good Offices of Friendship that were really done me among several of my Lords the Bishops were concealed from me and so I expected nothing else but an Excommunication or such a Persecution for the Faith as must have forced me from the present Communion Whereupon I had many causes to stop the Publication of this Book for having but bad Eyes to engage in long Studies and against many Adversaries and under such prospects of Expulsion cut of this Church I thought it not only imprudent to draw on me more quarrels in the defense of a Communion from which I expected ejection but ridiculous also which I am resolved no terrors nor Persecutions by God's help shall render me But I must with Honour acknowledg that all this Authors incentives have not been able to whet my Metropolitan nor any others that I know of to that Spirit of Persecution which this Postscript has ascribed to him so that I have no need of a Sanctuary among the Jacobites tho' I hereupon shall take occasion to let this Author know that such as steer by their private Interest in their choice of Parties and are as ready to change their Faith as their Allegiance and dispose Men by the same Arts to follow them in Ecclesiastical as well as Civil Turns do make more Jacobites by their Prevarications and thereby become more injurious to the public Peace and Powers by far than any the most important and importunate Remonstrants against the Government I have but one thing more to add in a Apology for the Air and Structure of this Book I hope there is no Man no not the raging T. B. nor the more raging Postscriber will be able henceforth to call the Style Brutal I press indeed the Arguments between the Parties and their principal Authors with the utmost Vigour as without any Incivility so without any partiality to either side and this not only as a Disputant but as a Casuist which ought to drive on all considerations home thro' and thro' the Conscience This Justice requires in a Dialogue between Parties where not only the reasons are to be stretched to the utmost but the Zeal of them also personated In this T. B. pretended Solomon and Abiathar to be defective and treacherous which Accusation tho' false and causeless yet has made me to carry on their Person here with much more Acrimony against their Opponents than otherwise I should have done This may indeed displease the Learned Men concerned herein against them for ought I know but to convert the divided I thought it expedient to shew my self severely equal and indifferent in speaking for them in their own Spirit rather than my own and freely owning their Truths as well as ours And if this does not satisfy the great Men whose Hypotheses are here necessarily dismissed I hope they will consider however that I have a Right to defend my own Principles in Solomon and Abiathar with as much strength and ardour as they have asserted theirs And they that have particularly and by name taxed that Pamphlet who were never touched by me for any of their Writings before must concede me a liberty to examin what they have said against it and it's Principle It is an unhappy Misfortune that two of the greatest Ornaments of the Nation should herein run so widely to the Extremes the one so far as to overthrow the Right of the English Reformation the other to the prostitution of the Powers Hirarchical to Rapine and Violence by laying Principles which yet both of them think necessary to the Churches Preservation I have gone the middle way between these admirable Men who are indeed above all the praises that I can give them and since I find that a new Disputation will be moved herein I do most heartily beseech those two great Men calmly and candidly to treat of their Principles and their Consequences in private first and equally endeavour to remove all Prejudices and to quit whatsoever mistakes shall be joyntly discovered between them and when that is done shew such an example of mutual Charity and Self-denial as may render them if possible more admirable to the World than they already are that so we may hasten with all possible earnestness to an happy Union or at least that the fairest grounds may be laid for it The Edition of this Book is indeed very uneasie to me but since necessity is laid upon me to publish it and that as it was Written I shall be glad if it may prevent a reen-flamed Controversie which is threatned in Print by a Learned Jacobite or may offer any such notices as may contribute to their exacter considerations But for my own part I resolve never to appear in this Controversie more for as it may be easie for learned Men to refute and inform me so I can bear instruction not only with ease but with gratitude also Whereupon I have nothing more to offer to all Authors of worth concerned but that they will not think themselves wronged till they have throughly discussed the matters between us impartially and if after that I shall appear to seem to have done amiss I do hereby proleptically beg their forgiveness and upon the discovery
not persevere in your Sin since it is one of those Sins that shuts out of the true Chuch of God For if it were necessary I could prove that its Principles destroy the Churches Fundamentals and Structure if such Principles which destroy all Morals and all Faith and Truth among men can be said to do so by which men may exclude themselves as well as be thrown out by others without an Authentick Act of an Ecclesiastick Judic tory and your instance in the Roman Church is Insignificant for we do not communicate with it but that of the Eastern Churches is still less to the purpose for I am not satisfied that either they have condemned us or we them as Schismaticks and Dr. Basier was desired by some of the Greek Clergy to Communicate and Minister among them neither did he refuse it T. B.'s 2d Lett. p. 10 11. Eucher But Brother it is not enough to call things by hard Names but it is necessary to shew wherein the iniquity consists and by what Law For submission to a Civil Constitution after its settlement is no Perjury Robbery Rebellion nor Impiety if men contribute no antecedent Evil to the Change and it is this meer Submission which I undertook to defend as being the only thing that can be charged on the Ecclesiastick Body And tho you pretend it unnecessary yet you can never carry your cause that we are Self Excommunicate upon the malignity of our Principles except you prove it and shew that our Maxims destroy all Morals and all Faith and Truth among Men since you load us with such an heinous and general charge and I know not to what purpose you discoursed me last or discourse me now except it be to convince me of the Reality and Anathematizing guilt of our Sin in this Submission Here then you must to the Law and to the Testimony and make up a very exact proof in order to Conviction for Men are not to be harangued into condemnation by meer unproved and general clamour but by very articulate evidence only which therefore I shall expect from you in the course of this Conference In the mean time when I alledged that we own the Roman and Greek Churches to be Churches notwithstanding their far greater Pollutions and Confusions than can be imagined in our present Ecclesiastical Change that hence I might evince us not to be Unchurched i. e. cut off from being Members of the Church Catholick as not having been condemned out of it by any Ecclesiastical Sentence 't is strange you should censure this instance for impertinent upon these pretensions that we refuse the Roman but admit the Greek Communion for by your favour in order to Unchurching which very intelligibly is the making us no Church of Christ you must have proved our Change more censurable than all the Pollutions of the Roman and Greek Churches And since you accuse us as Self-Excommunicate and therefore uncapable of your Communion which yet you deny not to the Greeks as being with you no Schismaticks the instance of that Churches Corruptions was not less but far more pertinent to our Cause for if their Corruptions are far greater than ours and yet cut them not off from the Right of Catholick Communion I think we are as much entituled to that Communion who have far less and fewer Irregularities So that except you can prove our Change more Irregular than the State of the Greek Church you cannot out us of that Communion you assert to them Here indeed you saw your self pinched and so shift off the matter with a piff as if I would be shaken off with an empty Scoff of Impertinence No no I will sit a little closer on your Skirts and though I shall not exagitate or upbraid all the known disorders in that distressed Church yet will I object to you the many Arbitrary Changes of their Patriarchs made by a Mahometan Emperor and admitted by them toties quoties whensoever the Grand Seignior has a mind to ease their Purses of that money which the new Patriarch is to tax on the Church as the price of his Advancement without any other Provocation or Inducement whatsoever Is not this a greater corruption than any can be imagined in our Change This you know was what I intended and yet you condemn not them as Schismaticks though here are frequent Deprivations and New Advancements admitted by the Greek Church to the Will of an Infidel Prince without any other crime of the Deposed and only for Monys sake Dyscher I did indeed in our last Conference * Sol. Ab. p. 24 29. censure this Blemish in the Greek Church But here I will give you the answer of one of our most puissant Advocates concerning this disorder in the Greek Church with his Apology foâ— the like frequent Depositions of the Jewisâ— High-Priests * Christ Commun Part 2. cap. 3. p. 32. In these alledged State-deprivations of the Jewish High-Priests either of Abiathar by Solomon or after they came under Roman subjection of the Chief Priests by the Roman Procurators there was only a Change of Persons but matters of Religion went on every thing the same in Doctrines Practices Prayers Sacrifices and Services of the Temple and the Synagogues and when these are not corrupted Gods faithful Ministers may yield their personal claims to State-Deprivations to secure Protection and Civil Benefits to the Church This also clears the instance of the Submission of the Greeks on the frequent Deprivations of their Patriarchs by the Turkish Governors The benefits of Incorporation which they propose to secure thereby are not the most tempting lying not so much in being priviledged and beneficed by the State as in not being persecuted but tolerated under it And their submission for keeping on this State-benefit such as it is is not without detriment to the Church tho' their breaking with the State they fear would be more detrimental the Turks making their new Advancements for Mony to be levied on the Church by the new Patriarch to the countenance and growth of great Corruption and to the bringing of the Church in debt But as to the course of Religious Ministrations they are the same under both Patriarchs in the same Doctrines of Faith and Manners Prayers and Publick Offices But now you know with us here is a change in all these parts of our Religion in teaching men to swear falsly to rob our King Bishops and Priests and to pray for Robbers and Usurpers against the just and true Proprietors Eucher But all this Charge of Alteration in Religion is downright Calumny uncapable of any proof in any one particular For we preach only Submission to a Legal Change of Governors and pray for them that are set over us by Legal Rules of Constitution Therefore tho' Governors like the state of all things temporal are liable to changes yet the Rules and Forms of our Religion and Morals are still permanent and unaltered And here I think I may
Allegiance to the * Lib. 1. Can. 27. King de facto * Ibid. Chap. 28. tho' he come into the full Settlement by wrong and injurious means and requires only a National Submission or a continuance of quiet possession to the form of * Ibid. Chap. 30. a full and thorow Settlement owning the original wickedness of the seizure to be no Legal Bar or impeachment to the Authority of their Government into which they are formally and fully settled And such was the State of the Caesars in the Empire when the two great Apostles required Christian Subjection to them not on the moral justice of their Titles of which they could be no Judges but on their actual settlement in the Concession and Submission of the Senate and other popular Powers And such also was the reason of subjection in those instanced Changes on which that Convocation wisely grounded this their now celebrious Determination But since you have again upbraided me with Mr. Johnson I cannot choose but observe how naturally men that run into contrary extreams do meet in the other side of the Sphere as you and your greatest Adversaries do in this present Controversie And you both therefore fall into the same absurdities Now here Mr. Johnson either understands not the formal Nature of a full Settlement of if he does he is inconsistent with himself For if as I have proved a National Admission constitutes a Settlement how can Mr. Johnson explode Settlement when he places the Right of Kings in the Admission of the People But if he requires any moral justice to make the Act of the People Rightful then if the People fail in that moral Justice how can their Constitution be really Right by which Justice it self is violated And such failure in a People is no impossibility except you will entitle them to an infallible Sanctity in all popular Actions As for example Mr. Johnson produces but one Authority * Arg. 1. p. 50 51. out of Knyghton to prove that Kings acting perversly against the Laws may be deposed and some one of the Royal Race advanced by the Peers and People I will not now strive to weaken the Authority and Credit of the Author herein nor the Truth of that Power which the then Lords and Commons claimed against their King neither will I alledge the many Changes and Statutes since that seem to have abrogated the popular right of Abrogation but suppose that this still is the Right of the Nation against their Kings yet if the People should on false pretences and imputations abrogate their King this Act could not be morally Just and Right tho' it were in form legal and if the Subjects that are innocent are not to admit what is thus externally Legal except it be also altogether Rightful then are they not bound to stand by any Popular Abrogations which they know or judge to be morally faulty and consequently may oppose all new Titles if they are founded in the real Right of such Abrogations And to come close home to the Case if King James were not really guilty of every one of those Enormities to a Title upon which such Statute did legitimate the Abrogation and the Convention had really abrogated their King without accurate conviction of all those guilts recited by that lost or undiscoverable Statute quoted by Knyghton then had their Abrogation been a nullity as not being Rightful But further if men shall object that Knyghtons relation of a Statute not seen by himself but only said to be objected by the Peers and the Commons is not a Record nor a valid Testimony to any Civil Consequences as being not upon Oath liable to Error and uncapable of judicial forms of Discussion besides its singularity where shall we find a bottom to authorize King James's abrogation For 't is not enough to a Judicial Conviction or effect or surmise that Richard destroyed that Statute in the Tower upon such a general crimination that he defaced Statutes of which there is no particular form of Conviction extant no not in Knyghton who yet is the only Traditor of this Transaction but you must bring us legal proof for what must legally concern us And yet nothing else that Mr. Johnson hath cited out of Law Books nor King John's Charter in the Pastoral Letter doth amount to a Popular Right of Abrogation but only to a limited power of resisting Kings on their oppression of the Laws and Constitutions So that whatsoever has in fact been done toward our several Changes must not all be taken or sworn to as Right but the consequent Settlements by National Acts must be taken for formally Legal for the time being and submitted to under that Notion leaving the real Right of the procedures to Gods judgment because there is none other under Heaven to adjust it above the National Sanctions Dyscher I did not interject the mention of Mr. Johnson to justifie all his Principles but only to alledge for our Cause those Right Concessions of our greatest Enemies as more candid and clear from jugling than you even in his greatest bitterness I will now dismiss him and produce you what a Friend of mine impartially reflected on this pretended Authority in the Judicial Opinions of Parliaments viz. that you cannot but know that this Power of Parliaments is absolutely denied by that Party against whom you dispute and we do not think it reasonable to be convinced without proof viz. that what is thus done is agreeable to the Laws of England MS. Reflect Eucher If you are not inwardly convinced of the truth of their Judgment upon their Power and of the lawfulness of their Constitution founded thereupon I cannot help that Neither is the Care of the State so much concerned to enforce such an inward conviction tho' it is to perswade it and to silence Contradictions But as I have often told you Judicial Opinions must overbear all private ones to the contrary as to all Civil Consequences This the peace of mankind the necessity of ending Controversies and the fundamental Reasons of Government do universally require so that you must assign some Superior Court or Judge within the Kingdom to be determined by if you will not stand to their Judgment or expose all to private judgments the first of which is impossible to be sworn and the later impracticable in a Society And to turn the dull point of this Objection on your self the Parliament doth not think it reasonable to be determined by Private Judgments especially those of the professed Enemies of their long-settled and immemorial Authority And what if I oppose the general Trust of the Nation in Civils to the publick Judgment of our Parliaments rather than the contrary Decisions of some private Zealots and Casuists whose Senses are seldom uniform often impracticable and always inauthoritative Will you here set your Private Judgments in battle array against the Authority and Judgment of the whole Nation and the Publick Estates thereof Or whether
particularly named above other Orders in these national Prayers against Enemies And the reason is obvious because the interest of the whole Nations is summed up in the Felicity of their Kings So that they that are his Enemies are taken for the Nations Enemies also in these Prayers In praying therefore against K. William's Enemies we consider him not merely as a single solitary Person but as our Sovereign Head on whose welfare our own also depends and so in his Enemies we pray against our own also Seventhly we must enquire whether K. James must in our Prayers inevitably come into the number of K. William's enemies and so by civil Construction the Nations enemies Now when these Prayers were first ordered and received K. James was in no part of his old Dominions nor in any actual sensible military Hostility against K. William any where For tho' the Irish were in Commotion yet K. James was not there nor does it appear that they acted on his Commission but mere presumption and that not against K. William till his Armies came thither but their domestic Protestants only It seemed a while as if K. James had sat down and yielded up to his fate and state of desertion After the settled course of these Prayers re-animated by the French King he enters â—â—â—land and K. William follows In the mean time â—he course and sense of the Prayers was still the same râ—â—ning in generals and not altering by those changes bâ—yond the Irish Channel as there was no reason they should And so K. James was no more particularized after than before this in our Prayers Yet if his personal behaviour toward K. William at the Boyne doth not evince the contrary I will allow you that then he was a military enemy But still the grand question is whether also he was a moral enemy and so within the intention of our Prayers by his then present breaking it off from England and his designs thereby to recover England And plain it is that the sence of our Nation which is valid and cogent to all Civil obligations doth conclude him an injurious and moral enemy to K. William and this Realm For Ireland belonging thro' a long fixed Right to the Crown of England it must appear injurious after an effectual Abdication of this Crown and a Settlement of a Title therein upon K. William to invade Ireland and so to reduce us here under war for a recovery thereof and a defence of our own land from his illegal claims and pretensions And whereas without any sense of modesty you say that I assert K. James and K. William not to be enemies but good friends viz. that K. James is so friendly to K. William for that he intends K. William no injury you may resume your forehead and remember that I only said we are not sure that K. James designs K. William injury But what we are not infallibly sure of we may verily believe and presume from all the Rules of humane Judgment upon acts of Hostility And in all humane opinion his Invasion of Ireland was injurious but since all judicial Determinations must be left and referred to God's Judgment we not mentioning K. James in the number of K. Williams Enemies do not pass our internal and personal Censure on the Conscience of K. James before our God but remit that to God the Judge of all Kings and Nations But if private Persons will intermix their own personal opinions upon such superiour Causes where they need not then they who think K. James a moral Enemy to K. William do use our forms against him on that presumption of his injury they that do not think so of K. James do not in this form of Liturgy pray against him And the Liturgy not compelling us in the acts of our Religion to condemn K. James as morally injurious does not oblige any man determinately to involve him under any of our imprecations And whereas our Prayers are upbraided in the second Chapter of your first Book of Christian Communion as directed against Right for the maintenance of wrong it hereby appears how much mistaken that great Author was for whosoever can but comport with the Sovereign Style of their present Majesties may use these Prayers without prejudice to any real Rights of K. James or his own private opinions concerning it As to K. James's Personal hurt or injury let them that can feed an evil wish it for me God hath disabled him from overturning our Constitutions and hath settled us under good and equal Governours and that is enough and if K. James be elsewhere happy as long as he hurts not us we need no further trouble our selves or him And I do verily believe their present Majesties as little require my Prayers for his hurt as you do For time was when he was in the hands of K. William who had he designed to hurt him might have done it and thereby have prevented all the pretensions that have cost so much Blood and Treasure in Ireland But 't was piously done to abstain his hands from Royal Blood and leave the Issues of his undertakings to the Rules of innocency on which only he could dare to pray for and expect God's blessing But further you have forgotten one Argument perhaps because it was inconsiderable whereby it appears that our prayers are not pointed against any Rights of K. James or to any hurt of his Person for that we pray for all Christian Kings Princes and Governours even thâ—se against whom we wage open war And out of these Prayers we do not except even the most Christian King but pray for the preservation of him also in all his Rights our war not obstructing this practice of Piety even to our greatest enemies which we observe from the precept and example of our most blessed Saviour And therefore though it were true what you would seem to prove in form of Argument that K. James is accounted a greater Enemy and if you please add a greater King too than the French King yet no Enmity ought to be great enough to overcome our Religion and Charity in praying for our very greatest Enemies even while we pray against their Enmities But let us however see whether K. William and his Subjects do take K. James for a greater Enemy than the French King who it seems to you is accounted an Enemy only for asserting K. James's Cause First then if we take the moral notion of Enemy no man can judge whether K. James or K. Lewis has the greater internal enmity against K. William If we go upon the military notion it is apparently false that K. James either is or is accounted a greater Enemy than he that is the greatest in Arms of all the Christian Monarchs So that your axiom from whence you form your Argument Propter quod unumquodque est tale id magis est tale tho' true in Physical Causalities and Operations yet fails in moral Influences and Inducements such as are the reasons
of Crimes * Sol and Ab. pag. 19 20. as Apostasie Heresie Schism c. and demanded whether the Clergy and People may desert a Bishop under such pestilential crimes and impostures and procure another from Social Bishops For if they may Canonically do this in such Cases then perhaps they may canonically do so in other which tho' not so designedly malignant yet necessitate an exauctoration tho' founded in meer infirmities and too pious prejudices as I explained my self in those very passages at which it seems the gall of T. B. is exasperated Dyscher Well I think it not decent for us to draw hard on this invidious subject let us if you please discuss the Canonical forms of your procedure herein which your party generally defends from pretended precedents of Civil Authorities over the Jewish High Priests and the Practice of Christian Churches in submission to Imperial Orders especially the Greek Church under Turkîsh Changes made in their Patriarchal See Now the most famous instance among the Jewish High Priest is that of Solomons deprivation of Abiathar Which tho' you endeavoured to parallel to our present Case yet herein I brought you such just exceptions as neither you nor all your Party will be able to take off For if the Crime was nothing like if there was such a difference between the Constitutions of the Jewish and Christian Churches if it was a manifest Cession on Abiathar's part all which I well proved then that Instance can by no means come up to this Case T. B. Sec. Lett. pag. 36. Eucher Tho' I could not deny the force of your reasonings upon this instance yet have I consulted my friends upon it as well as you have done upon me And the chiefest of their senses I will lay before you to which if you can make any weighty reply you must not thence conclude a vice or fault in the Cause for if I cannot defend it my self perhaps its proper Patrons may who as they have singular Opinions so have they as singular abilities to maintain them Dyscher This is a secure Caution for your own Reputation tho' it betrays an inward suspicion of the Arguments you intend to produce But however since it is but just that no personal defects should prejudice a good Cause and that one man's Errors should not affect another man's Estimation I grant you your Demand and therefore I pray proceed Eucher Have you not seen the Book entitled The Case of Sees Vacant c. whose learned Authors felicity is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This great man pretends to dissolve all your machins against this grand Precedent for a Lay-Deprivation and I will exhibite you his Argumentations according to your and his Order First then he observes that * Case of Sees Vacant c. Chap. 2. § 2. this perhaps may be the Plea of our Adversaries in answer to the examples of the Jewish High-Priest that the Office of a Bishop amonst us is much more Spiritual than the Office of those High-Priests To that Plea I answer that he that considers the true and full import of the Question now before us will find it to be no other than this whether a Person duly invested with an Ecclesiastical Office of God's own Institution and Ordinance being deposed by the Lay-power any other can lawfully succeed in that Office Now as to God's particular Institution and Appointment whatsoever otherwise the difference may be which is needless for us to contend about it is certain that the Jewish High-Priests were rather superior than inferior to our Bishops 'T was by God himself and that too in an extraordinary manner that the Office of the High-Priest was instituted and it was from God alone that he received his Authority If therefore a Person was accepted by God as a true and real High-Priest tho' put into the room of another deposed by Civil Authority then a Bishop likewise may be truly a Bishop and accordingly ought to be received tho' put into the place of a Bishop deposed by that Power To this I add that the annual Expiation for the Sins of the whole People was to be performed by the High-Priest This was the chief of the federal Rites of that Religion and that to which our Saviour's offering himself up a Sacrifice is particularly compared in the Epistle to the Hebrews And this they did ex opere operato so that it was of the greatest Consequence to the Jews to have this Divine Institution performed by one appointed to it by God And tho' no provision was made for Cases of necessity yet necessity was understood to be a provision for it self And it is certain these annual Expiations were accepted of God till our Saviour's days For that is a certain Consequence of their being still in Covenant with God since these Expiations were the yearly renewing of that Covenant Nor can any of the performances of the Christian Priesthood be compared to this unless we believe the Power of Transubstantiating These examples of the Jewish High-Priest alone were there no other to be alledged would sufficiently warrant our submission to our present Possessors Dyscher This Doctrine of that learned Doctors is very new and amazing in every Sentence of it as also is his original Principle But whether it be of sincere Metal or no must be tried by the proper Touchstone First then it is strange that he shou'd affirm it certain that the High-Priests are rather Superior to our Bishops as to the Divinity of their Institution For are not Bishops instituted originally by God himself and in a manner more extraordinary than that of Aaron's Consecration For this appears indeed in the Levitical Law to be divinely solemn and glorious as far as external Pomp and Ceremony could adorn it and an Oracular Power of Judgment in things Temporal sanctifie him but yet as the Agent for God in this Consecration was a Servant only viz. Moses so the Oracular Sanctity was not purely Spiritual But the first Bishops were the Apostles made so not by the Hand of a Servant but the Son of God himself in our own Flesh ordaining them with an extraordinary Power of Miracles of all kinds with the insufflation of the Holy Ghost in order to the remission and retaining of sins upon the Soul by the Acts of an Authority to be ratified in Heaven To them the Sacraments were committed the Laver of Regeneration and the Mystery of our Incorporation into Christ and Participation of his Holy Spirit besides the glorious Effusion of the Spirit on them at the Feast of Pentecost consecrating them Preachers of the Resurrection of Christ with an amazing Glory in the sight of all Nations gathered together at Jerusalem in a manner more superlatively divine than any the meaner Forms of Aaron's Investiture Besides the Doctor may as well prefer the Institution of the meanest Levites to that of the Highest Apostles upon the same grounds on which he hath so superexalted the Jewish Pontiff who was
A DEBATE ON THE Justice and Piety Of the Present CONSTITUTION UNDER K. William In Two Parts The First relating to the State The Second to the Church BETWEEN Eucheres a CONFORMIST AND Dysoheres a RECUSANT By Samuel Hill Rector of Kilmington Author of Solomon and Abiathar Psal 7.8 Judge me O Lord according to my Righteousness and according to mine Integrity that is in me Inter utrumque tene Obsequium amicos Veritas Odium Parit LONDON Printed for John Everingham at the Star in Ludgate-street 1696. Erudito Reverendo Sanctóque Sacerdotum Collegio Diaecesews Bathoniensis Wellensis Clero florentissimo Post Patrum Primaevorum in causâ fidei Vindicias ab imbelli praevaricatorum nequitiâ Usquequaque tutas adhuc inconcussas Vestro quinetiam pro Authore Suffragio publico Invidiae adversùs obloquii tela Munitas pariter ac cohonestatas Amicas hasce denuò Ecclesiae pariter ac Patriae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 PacÃsque sacraë conciliatrices Pro Justitiâ publicâ Pietate Contra Seditionis Schismatis Erastianismi dmissi opprobrium admittendÃque periculum susceptas Apologias Integerrimâ fide Summo studio Conscientiâque quà m maximè castâ Votivas dicat Perque gratas optat Vester S. Hill ERRATA PRef p. 1. l. 17. for dismissed r. discussed ibid. l. ult r. appear or seem Booâ— p. 21. l. 14. r. Desertion p. 22. l. 5 6. r. Desertion p. 42. l. 32. r. Anticyrae p. 43. l. 1. r. Prosecute p. 45. l. 27. r. IVs p. 57. l. 24. r. Construction p. 63. l. 26. r. off p. 64. l. 7. for and r. an p. 65. l. 12. dele an p. 71. l. 8. County p. 82. l. 29. r. there can be p. 83. l. 34. r. at full p. 87. l. 25. for thoâ—… r. the oath p. 91. l. 15. r. title ibid. l. 31. r. to surmise p. 95. l. 71. r. to shiâ—… for p. 96. l. 33. r. the moral p. 104. l. 8. r. if we admit p. 105. l. 8. r. say p. 10â—… l. 12. for of Constitions r. of Constitution p. 110. l. 23. r. it had not been p. 15â—… l. 21 22. for excession r. excision p. 156. l. 35. r. invert p. 163. l. 27. for frâ—… r. for p. 165. l. 4. r. takes it in p. 165. l. 31. r. marte p. 168. l. 9. r. Pâ—… p. 170. l. 27. r. imprudently p. 172. l. 3. r. I never look ibid. l. 27. r. Possessâ—… p. 185. l. 9. for sending r. sounding p. 162. l. 8. r. Notion p. 162. l. 37â—… comes into p. 163. l. 32. for using r. refusing p. 167 l. 23. r. presumed p. 17â—… l. 17. r. on evil p. 174. l. 10. r. a form p. 176. l. 10. r. was from p. 172 â—… 17. r. Office p. 8. l. 31. for excuse r. execute p. 199. l. 12. dele which p. 20â—… ult r. Frischmuth p. 205 l. 19. r. peculiarly p. 209. l. 27. r. anothers p. 210 â—… 8. r. procedure p. 211. l. 30 31. r. who thinks the Tenant for sworn for submitâ—… to the new Possessor p. 213. l. 30. r. all to the Secular c. p. 225. l. 6 7. r. sâ—… any thing against him himself ibid. l. 32. r. in dubitable p. 230. l. 36. foâ—… Gase r. the Case p. 231. 32. for and r. am p. 233. l. 31. r. is it p. 235. l. â—… r. validly p. 137. l. 1. dele of p. 239. l. 18. r. Aerianism p. 248. l. 12. â—… and r. an p. 242. l. 22. for if r. is p. 252. l. 30. after c. dele and p. 2â—… l. 8. r. to do good p. 265. for but will r. that will ibid. l. 15. r. Capacity to Ecchâ—… p. 97. l. 13. for might r. weight TO THE READER I Here present thee with a Book which either Destiny or Calumny will drag out into the Public whether I will or no. The pretended University-man in his Remarks upon my Defence of the Fathers having descended to the humble Glory of traducing it and me in his Post-script to Mr. Chiswell by ill Characters and false Histories has enforced this involuntary Publication The Character he gives of it is that it is a Trifle which he presumes of it of his own Sagacity without ever seeing it that he is told by a good Hand that it falls on Mr. Dod ll's Principle with great Fury and treats the Jacobites very brutally The Design herein is to preclude my Interest with the Jacobites to whom he says I am relapsed His historical Account is that it was written and sent up to a Bishop for Publication to divert a Storm expected on the Vindication c. by engaging my Lord of Canterbury and all the Bishops against my Adversary that however finding the Trifle slighted I earnestly desired that Bishop that it might not be printed that so if I could get it again into my Hands I might deny the Writing thereof to the Jacobites as I begin to deny the other The Intention of this is to represent me to all the Powers as an Apostate against the Government Fool and Knave all over that so I may have no Countenance in it but be abandoned by all Mankind Before therefore I offer my own true Account and Apology against this Slander it is easily observable that his Passion has marred his Art of Detraction in giving Marks of its apparent Falshood For what Clergy-man can presume to put a servile Office on a Bishop or what Bishop can be imagined so unresenting as to admit it or after Admission to endure a Countermand from the vain Presumer Besides if it were rejected as a Trifle the Bishop cannot be supposed to promote its Publication without Disgrace and Reproach which none of them have reason to incur for any of their Clergy especially against the Sense of the whole College Episcopal And if so then how could I earnestly desire the Bishop that it might not be printed when it had been before rejected to me as a Trifle He seems as vain also in hopong that that Bishop would keep it from me to refute my supposed denial thereof as if a Trifle were worth a Bishop's keeping or as if any Bishop can be so unjust as to detain from any Man what has been for a while entrusted with him I think this is rather an unhandsome and rude Usage of that Prelate than of me to whom I leave him to make satisfaction The truth is this Book was first written about Whitsuntide Anno 93. before the very Oral Discourse of Warminster it self and while the Heat of its first Conception animated by the Advices of Learned Friends lasted was designed then for the Press But that Ardor being soon cooled I designed to review it and procure a Friend by it if I could among the Fathers not by its Publication but by private Oblation Accordingly after some Deliberation I resolved not to present it any Bishop introduced into a deprived Diocese lest at the same time I should seem to flatter and abuse him with a pretence of bringing succour to