which it professeth to use the Canon Law which it adopteth till time shew the way of amending those particulars which time shall shew that the Reformation pretended requires to be changed For instance we know that since Henry VIII it is not the custom to take any degree in Canon Law Notwithstanding the Law of the Land adopteth the Canon Law And accordingly we all know that Graduates in the Civil Law of the Romans are priviledged by the Ecclesiastical Law of the Kingdom I would fain have any of them that would wear the Face and the Conscience of a good Christian and a good English man both Give me a reasonable Account of these their Tenures waving that which I here set forth for them whom they will think too bold with their Freehold for it For my part who am no mans foe but my own in publishing my Opinion thus freely upon this Exigent I think I do good service to them with my Country to set forth this Account why and how the Roman Laws deserve to be adopted into the Laws of the Kingdom Namely that the Popes Canon Law which is already adopted may be limited within those Bounds with the Roman Laws And by consequence the Primitive Canons of the Church which the Roman Laws acknowledge and inforce do either prescribe or allow I would make a further Offer of introducing the Roman Laws both into the Study of the Law of the Land and into Authority in our Courts of Equity And of reconciling thereby the Cross-Interests of the Professions upon competence of Jurisdictions But though I must needs have that Opinion my self which I can see nothing against seeing much for it yet I will trouble no man with an Opinion which neither my Profession obliges me nor my skill inables me to make out It shall be enough for me to observe that they shall deserve to be counted Professors of the Roman Laws that are trusted to minister the Canon Laws by those Bounds which the Roman Laws allow As for the Concurrence of that Jurisdiction which is proper to the Clergy by Gods Law and that which is resumed by the Crown to be ministred by the Professors of the Roman Laws I do acknowledge it cannot be ended but by Appeals The issue whereof whither it ought to resort when it is time to say it will be then time to say also how these Interests are reconcileable In the mean time Episcopacy being owned by the Law of the Kingdom and the Law of God both to be that which the whole Church from the beginning acknowledgeth I think I do my Country and the Church of God in it no disservice to propose a plaister large enough for the Sore of it that shall come within the bounds which I have proposed For the Chapters of Cathedral Churches are by their Birth-right Counsellors to the Bishops and Assistants in his whole Office The Archdeacon his Minister and principal Commissary Those by the Rule first set on foot by the Apostles and observed always by the Church of planting Cathedral Churches in Cities and making the Churches planted in Cities Cathedral Churches for the Government of all Christendom within the Territories of those Cities This being by his Order Ministerial to them as well as to the Bishop when both have part in the same Office And here I place the hinge upon which I hang the Reconcilement of the presumed Interest of the Presbyterians with the true Interest of the Clergy Supposing the Conference proposed to have taken effect and produced a Request of both Parties to the Legislative Power of the Kingdom to make a Law of those particulars upon which they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 come to agreement to be received and to exercise their Ministry For the Office of the Clergy being separated from the Interest of the Crown by an Act of the Kingdom And the Professors of the Roman Laws trusted to manage this Interest in behalf of the Subject Only assisting the Clergy in that part of the Jurisdiction proper to the Church which will concern the Interest of Subjects as Members of the Church as well as the Office of the Clergy What shall hinder them the Presbyterians as well as the rest of the Clergy to exercise the Zeal which they have always professed towards the Reforming of the conversation of the People in assisting that Discipline as well over the Inserior Clergie as the People which the Chapters of Cathedral Churches and the Archdeacons shall by the Bishop and under the Bishop be trusted with For what need all this hinder the Prerogative of the Bishops Negative Vote when as there will be more to do under him then hands will be found for reserving to him those causes which he would chuse to reserve For that will be found no more then requisite to preserve his Prerogative that nothing be done without him when nothing is done without him but that which he shall chuse to be eased in He that knows what the Hierarchy signifies must needs understand that the same means which preserved the Whole Church in Vnity so far and wide for place so long for time as Unity prevailed in the Church and Christianity with it and by it knows that the same must be used to preserve Unity in the Church of this Kingom The Question being how to Reform it so that it may continue a Member of the Whole CHAP. XXIV Some Principal Canons to be restored in our present State FOr let no man think that any Law can be effectual to this purpose till the Case be stated which the Law is provided for We are in the State of Schism in spite of our teeth Though we are to clear our selves of the crime of Schism upon the Terms setled which cannot clear us if it be possible that any other should clear us King Henry the VIII had reason to declare that he and his Kingdom should have nothing to do with the Pope that Excommunicated him for his Divorce So many Popes having discharged the Subjects of Princes Excommunicate of their Allegiance But to make good the Protestation that he intended no further change in Religion I need not say what he did to give succeeding Popes occasion to recal the folly of that Pope which Excommunicated him by a timely Reconcilement In the mean time the way to preserve the Kingdom in Peace was to have nothing to do with the See of Rome But had he been so well advised as to have maintained his Divorce upon the terms which I plead for What could the Pope have said to that Code of Canons which Pope Adrian the I. sent to Charles the Great which I would have this Church to owne For it concludes with a Synod of the Province of Rome under Pope Gregory the II. which pronounces Anathema to whosoever shall marry his deceased Brothers Wife Let Julius II. Pope that dispensed with Henry the VIII and his Marriage with the Lady Katherine of Spain have bethought himself how to
come clear of this Anathema the Authority of the See of Rome being intire For K. Henry the VIII or at least for his Kingdom it was and is enough that so long as he owned the Authority of that See he must needs be troubled in conscience at that Marriage by which he must needs incur it preferring the former Act of a Council under Gregory the II. Pope before a Bull of Julius the II. Pope dispensing in an Anathema of the said Council For as the Primitive Canons are to be preferred in Church-Law before the loosness of succeeding Ages being still further from the Apostles So the Act of the Council under the Regular Power of the Pope is to be preferred before a Bull which now passeth without the Consistory as the Popes personal Act after the unlimited absolute Power of the Pope hath taken place As for King Edward the VI. professing the Reformation and protesting it as he did so that the See of Rome could have no pretense of correspendence without owning it themselves there succeeds the necessity of a State of Schism upon the Excommunication following The Crime of Schism remaining on that side that Excommunicates for vindicating and restoring the Faith and the Laws of the Whole Church This being the state of our Case and the Laws of the Whole Church and the Faith thereof necessary to the Title that must justifie Reformation without the Consent of the Whole Is it not manifest to all Understandings that the Law by which this State is to be Governed must be such a Provision as the Laws of the Whole Church inable a part of it to make for it self in the Case And therefore we must affirm as many of us as would have no share in the Schism as to God being thus secured that to the Church we are not chargeable with it That there is nothing to hinder such a Provision but the misunderstanding of them And that we see not what the Consequence of our own Profession requires A reason that presses me so hard that I do willingly expose my self to the displeasure of all that shall find themselves disgusted with this freedom Only to give my self the satisfaction of publishing it whatsoever displeasure it procure me As being satisfied that there is no other cure for our present distempers For in the first place it must be said that it is in vain to talk of Regular Government by the Canons of the Church without restoring the liberty of Synods to the respective Provinces Not as if the Church needed any abatement in the Act of Henry the VIII which forbiddeth making and perhaps advising of Canons to be made without the Assent of the Crown But because the World knows it was the Usurped Legatine Power that had brought Synods to nothing by Usurping upon the Ordinary And therefore it is but Justice in the Crown finding the Right of Synods the Subjects thereof Usurped by the See of Rome to restore it to the Subjects upon whom the Usurpation had been made The Supremacy of the Crown being sufficiently provided for by the said Act And the force of all Acts of Synods depending upon the Legislative Power of the Kingdom In the next place it is to no purpose to talk of Reformation in the Church unto Regular Government without restoring the Liberty of chusing Bishops and the Priviledge of injoying them to the Synods Clergy and People of each Diocese I say not depriving the Crown of the due Interest of a Negative to any Person to be promoted a Bishop in any instance of his Promotion God forbid it should come into my thought But the Supremacy being so provided for so evident is the Right of the Synods Clergy and People in the making of those of whom they consist and by whom they are to be governed that I need mark no other Reason for the neglect of Episcopacy but the neglect of it For the neglect of Cathedral Churches but the neglect alienation of their Office under and with their Bishops This for certain had not the See of Rome introduced so much disorder in the creating of Bishops that we have not yet cured it we should have heard of it with both ears from their Advocates And if I may credit a person of unquestionable credit his late Majesty was so convinced hereof when he was at Oxford that he offered to part with it if a way were shewed how to do it As for the translating of Bishops which done as it is of course must needs render the Office unfruitful to their People As no man can deny that there ought to be a course for dispensing in the Canon for publick good So cannot this pretense of publick good come to effect unless it be maintained by the Office of Synods to whom the State of the Church vindicates the Right of it That which I said afore of Appeals belongs to this place For what Law can provide that in Causes reserved to the Bishop parties shall rest content always with his sentence Or whether can Ecclesiastical Causes resort from him but to the Synod of the Province Again what Christian Kingdom could ever prevent a mixture of Causes That is a concurrence of Interest between the Soveraign Power and the Office of the Church Or what danger can be imaginable to this Crown in doing Right to the Church Having only its own Subjects to deal with Or what can be more ready to receive Appeals of this Nature then a Commission of Judges delegate as well by the Synods as by the Crown for the expedition of such Causes in which the pretense of the Subject as well as the Interest of Religion may be concerned As for matter of Faith Having admitted all that hath been decreed within the time of the six truly General Councils I dare say that there is nothing that the See of Rome can charge upon the Socinians or Anabaptists or any Sect of our Fanaticks that is not condemned in the Arians Pelagians or other Sects which the Whole Church hath condemned during that time So that there can be no cause why Christianity should not be maintained by the Reformation during this State of Schism but neglecting the true consequence of that which we our selves profess CHAP. XXV Two Laws more necessary to the Reformation of the Church THese are the principal points in the Canons of the Whole Church which the Profession of Reforming the Church obliges us to restore There are two points more the one concerning the People the other the Inferior Clergy which till they be restored our Reformation cannot be that which it pretendeth That all who shall be convicted in Law of capital or infamous Crimes stand Excommunicate ipso facto and if Execution pass be deprived of Christian Burial unless they reconcile themselves to the Church Unless the Law make this good how should the Kingdom be counted a Christian Kingdom For if scandalous Crimes that are notorious be allowed Communion with the Church how can it
for want of due abilities and they will find cause I doubt not to prefer the Whole Church before a late Party and abate the Sermon to restore the Eucharist Especially seeing the Law of this Land must be changed to bear out what others have done though it is manifest they never gave any reason for it They will see cause to think that the best Preaching is that which may fit the people for the Eucharist by understanding the Covenant of Baptism and the importance of daily renewing and restoring it by Communion in the Eucharist The other Instance shall be the Psalms that are sung in Cathedral Churches but allowed to be read where there is not company to sing them For it is plain enough what excuses are made and what indeavours used to silence this part of Gods Service and to turn the Psalms which this Church with the Whole Church appointeth for devotion into Lessons of Instruction only Hence all the Plea against the Old Translation with points all the indeavors to crowd in the Psalms in Rhime instead of the Psalter and all use which the Church hath always made of it But did not partiality and faction prevail over that Reason which all Christendom before the Reformation hath always owned there could be no question of using the Psalter of David for an Instrument to tune the devotion of Christian people by transforming the expressions of David unto our Lord Christ in the first place and according to the Figure of Christ to the Whole Church first and then to every particular member of it He that hath learnt this from the Whole Church will never think it reason to put this part of Gods Service to silence whosoever they be that desire or desing it He will rather indeavour to reduce the singing of them into Parish Churches being evidently so much easier then the singing of the Psalms in Rhime But howsoever retain the reading of them by Antiphones and not quench the Spirit of God which breatheth forth that transformation whereof I spake Having thus instanced I will not propose the Ground upon which I maintain that all Reformation is to proceed for the condition of the Conference which I propose I will think it a point of that Forbearance which S. Paul commandeth the Romans not to insist upon those terms which the Authority of the Apostles doth inforce Because I see him not insist upon the Authority of an Apostle with them but having infallibly proved his ground of Justification by Faith alone forbear the consequence of it charging the Romans to hold that indifferent whatsoever his Authority so grounded declareth such yet charging them to forbear those that for all his Authority and Reasons understood it not For I believe verily that his reason and mine is the very same Namely to keep both Parties in the Unity of one Church a Member of the Whole Hoping that by Gods blessing upon the advantages which the communication of the Faithful one with another and with their Clergy affordeth those that are now most keenly set against these little things that are excepted at in the Act of Uniformity may by that condescension which the Interest of Christianity obliges all Parties to come to understand the only Principle of Reformation and Unity both The Authority of the Catholick Church in all things not determined by Gods Law which is only the Gospel under this time of Christianity And I set before them to that purpose the example of the Jews Who for all the Forbearance commanded by S. Paul having stopped their ears at all his charms with the Unity of the Church have forfeited the Faith hitherto irrecoverably For being fully perswaded that without this Principle it is not possible either for this Church or for any part of the Reformation long to subsist Can I fear any less then the utter loss of Religion for my dearest Country and for the dearer Church of God in it CHAP. XXVII How Recusants may or may not be punished as Idolaters IT remains that I say what Penalties this Position makes competent to those that refuse the Reformation thus limited A thing easie for me to do having declared the Ground upon which the refusing of Christianity is punishable Which the Reformation hitherto hath not been able to do The Position of punishing Hereticks capitally is generally decryed by them And yet we see Servetus and Gentilis put to death at Geneva and Bern and others elsewhere If because sentenced for Hereticks by them that put them to death Why should not the Powers that adhere to the Church of Rome execute the Sentence thereof upon those whom they pronounce Hereticks If because so sentenced by the Primitive Church in which we both agree Why owne we not the Primitive Church in the rest as well as in that If because they that gave the Sentence are competent Judges in Religion What remains but that contrary Sentences be executed by the Sword and Religion be no otherwise judged But supposing Religion and the Church and the sense of the Scripture Visible so far as the preserving of Unity requires Christian Powers must both protect Subjects in their Civil as well as natural being though not true Christians and yet punish them for not being true Christians Only if they pretend freedom from Allegiance by Christianity and we know it is false Christianity that so pretends there will be also fit time to declare why they may be capitally punished But those who declare the Pope Antichrist and the Papists Idolaters in the exercise of their Religion have not declared what Penalty is competent to their Idolatry And yet till that be cleared we are in the clouds This difficulty I find my self able to look in the face without ever disputing whether the Papists by their Religion are bound to commit Idolatry or not The Law of Moses indeed seems to shew that by the Law of Nature Idolaters may be put to death for their Idolatry For there is no appearance that the Law of God would have injoyned that which the Law of Nature allows not But the Case is otherwise under Christianity then under the Law of Moses The people of Israel held the Land of Promise upon Condition not to suffer any other God to be worshipped within the Bounds of it but the true God that gave it them upon those terms Therefore they committed a forfeit whensoever they suffered Idolatry in it But the Gospel was preached to the Roman Empire consisting of two Religions of Jews and Gentiles Maintaining the State of the World upon the same terms which it found saving that which if they imbraced the Faith they must voluntarily change When therefore the Soveraign Power of the Empire came to profess the Faith and thereupon an obligation to maintain and propagate it by all means which the Right of Soveraign Power furnishes they could not answer God for the right use of their Power using any other means then the Interest of Christianity allows They might
Orders is nothing else but to imagine that God hath given Power to divide that is to destroy his Church For what is setting up Altar against Altar but to Usurp Power to Consecrate the Eucharist and give the Communion of it in despite of them whom they allow to have Power to do the same because they do it by Authority received from themselves In all the Records of the Church there is but one Case expresly remembred in which it can be said to have been done That fell out in Aegypt at the time when the Church was divided between the Arians and the Catholicks But before that trouble there was another division on foot about receiving back into the Church those that had fellen from the Faith in the persecution of Diocletian For Meletius Bishop of Lycopolis had proceeded to Ordain Bishops in as many Cities as he could in opposition to those Bishops that stuck to the See of Alexandria In these distractions Coluthus one of the XII Presbyters of Alexandria became the Head of a Party by himself and to propagate his Party took upon him to make Ordinations of Presbyters to Minister to those of his Sect. Aerius is the man that maintained the Authority of Bishops and Presbyters to be all one Yet do I not remember that it is any where said that Aerius took upon him to Ordain Presbyters being himself one Much less that he was able to hold up a Sect by such Ordinations Audius was a Presbyter that became the Father of one of those Sects that Epiphanius writes against But Epiphanius says expresly that he had Bishops that imbraced his Opinion and propagated his Sect by Ordination Tertullian became the Father of a Sect which continued at Carthage till S. Austines time by whom they were reduced to the Church And truly it is to be presumed that the Father of the Sect did propagate it by Ordinations made of his own Head For what should he stick at that takes upon him to divide the Church and to set up Altar against Altar But I have not found it said that he did do it Nor have I found that any Presbyter did ever undertake to do it but Coluthus At the Council of Nicaea to unite the Meletians to the Church the Bishops Ordained by him were allowed to succeed when the present Bishops should dye yet so as to be then lawfully Ordained though they had been Schismatically Ordained afore But when the Coluthians pretended the same priviledge Athanasius pleads for himself that all Coluthus his Ordinations were made void Which is thought to have been done by that Synod at Alexandria which Hosius was present at with Commission from Constantine This is the only Example of Presbyters Ordained by a Presbyter without and against his Bishop All the rest are meer conjectures which cannot stand unless we suppose the Canons of the Church were not observed because it is not recorded how they were observed Whereas all reason requires us to suppose that they were observed because they might be observed and because there followed no dissension upon their not being observed Such Ordinations then being meer nullities as presumed to be done by them that never received Authority from the Church to Ordain do further induce Irregularity by the Canons of the Church And who can deny that all reason and Conscience requires it For who can believe his Creed professing one Catholick Church and not think the Church more disobliged by Schism then by any other Crime that renders a man uncapable to be promoted to Orders Certainly if Rebellion be the Crime that is hardest to be reconciled to Civil trust then is Schism hardest to be reconciled to trust in the Church Nevertheless because Unity is to be preferred before Discipline and because experience shews that when men are taken off from an ingagement in division they prove the more trusty the more weary they were of their ingagement it hath been often practised by the Church to receive not only Schismaticks but even Hereticks also That is such as had received Orders of those that parted from the Church upon an errour in Faith in their respective Orders But always upon condition of renouncing the cause of their division Whereupon they were to receive the Blessing of the Church by Prayer with Imposition of Hands The reason was because neither is Baptism in Schism effectual to Salvation nor Ordination in Schism effectual to Grace by the Ministry of any Office in Schism But being renounced there remains no Cause why their Ministry should not be effectual to their people Their Baptism and their Ministry to their own Salvation supposing it sincerely renounced Therefore the Reason why they who are Ordained by Presbyters cannot be received in their respective Orders is peremptory Because the Schism consisting in Ordaining against Authority cannot be renounced unless the Ordination be voided For so long as the Ministry may be usurped upon such Ordination so long is the Schism on foot I do very well know that the Ordinations of Arians were allowed by S. Athanasius in a Synod at Alexandria who had made the Ordination of Ischyras by Coluthus void And I remember the high acclamation which S. Hierom applauds his Act with That thereby the world was snatched out of Satans jaws But I read that the Tertulliniasts were received into the Church not that they were received in their Orders I find difficulty made by Forreign Churches of receiving the Donatists in their Orders Notwithstanding the complaints of the African Bishops that without them they had not Clergy enough to serve the Church Hereby it is to be judged how severe this Church was with them that had received Ordination by Presbyters The Canon of the whole Church makes all Irregular Ordainers and Ordained Because they had concurred to bring back his Majesty Which was the restoring of the Laws and so of the Church the forfeiture was wholly passed by and nothing required of Ordainers more then of the Clergy Which is an utter Oblivion of the attempt made by those Ordinations And is not that a very great degree of Forbearance in our Case S. Paul when he injoyns Forbearance doth he injoyn that those who did not understand how men were saved by Faith alone that were saved under the Law should be promoted to Orders indifferently with those that did profess it That were indeed something like that which hath been demanded that Weakness should intitle to the Clergy which orderly supposes strength But does he injoyn farther that they should Minister without Orders That continuing Lay-men they should commit the Sacrilege of Usurping to Celebrate the Eucharist That if their Ordination be void by the Law of the Land there should be a new Law made to make their Ordination good and valid which was void when it was made Then must he injoyn that it be lawful for every Lay-man to celebrate the Eucharist Forasmuch as every Lay-man hath as much to do to celebrate the Eucharist as he whose
Ordination is void Surely S. Paul that commands Christians to be without offense to the Jews and Gentiles as well as to the Church commands them also to be without offense to Papists And will not we have those that would be inabled to consecrate the Eucharist by such a Law to shew us how to satisfie the Papists that such Orders are good At least those that by their sufferings have preserved Ordination by Bishops Let them at least be satisfied of the Validity of Ordination without Bishops At least let no man impose upon them that they cannot yield the Forbearance which S. Paul requires for tender Consciences unless they receive the Sacrament consecrated by Lay-men That is by those whose Ordination they believe to be utterly void CHAP. XV. That the Orders of the Reformed Churches are not void because these are NOw I am to look an Objection in the face which at a distance seems to admit of no Answer but if it be a little considered will appear to have neither Reason nor Religion at the bottom of it It is said that hereby we shall make void the Ordinations of the Reformed Churches of France and others Reformed according to Calvin And so make them no Churches Here we agree that it was necessary for the French as well as for our selves to Reform themselves That it was necessary for all to Reform themselves unto the Form of the Primitive Catholick Church I say not we do agree I say that till we do agree there remains no hope of Unity because no Rule for Reformation in the Church But to the Objection Who hath the Conscience to think or the Face to say that if Ordinations made by Presbyters against their Bishops be void Then Ordinations made by Presbyters where they could not be had by Bishops are void For that is the difference of the Cases It is manifest that the Bishops of this Church when they Ordain Presbyters Ordain them to Minister their Office according to the Laws That is under their Bishops And can any man imagine that hereby they give them Power to Ordain others to Minister their Office by what Laws they please themselves And had the French demanded of their Bishops to Ordain them Presbyters that should Minister their Office according to the Reformation does any man think they would have done it So the necessity of Reforming which we all agree in made the Ordinations of the Reformed Churches The Pride and Presumption which causeth all Heresie and Schism usurping Authority never received made the Ordinations of our Presbyters And shall they be as valid as those All that can be questioned is how it may appear that it was not of choice but of necessity that they imbraced that way of setling and propagating their Reformation which they imbraced And for that we have sufficient Presumption from the Albigenses Who secretly Reforming themselves under the See of Rome did certainly do it by the Authority of Bishops who propagated their Order by Ordinations This may be proved by other testimonies if need be But it is sufficient that the Case of the Bohemians is so well known They having resolved exactly to Reform themselves and having chosen the Persons whom they would have for their Bishops were at a stand how to compass their succession from the Apostles by having them Ordained by Bishops In this nonplus they understood that there were in Austria of the Albigenses that kept secret Communion among themselves under their Bishops notwithstanding that publickly to avoid the Laws they went to Mass To them they sent their Bishops elect protesting against their dissembling but desiring Ordination for their Bishops which thus were propagated And this may well seem to be the Reason why they that Reformed in the Empire according to Luther in the name of whom Melancthon hath offered to be subject to their own Bishops admitting the Reformation set up such a Form of Episcopacy as they could of themselves For they had cause to think that the Bohemians had not advantaged themselves enough by that Ordination which they had been able to procure For it is to be noted that they the Bohemians had sent all over the World to learn how to get such Ordination as might authorize their Ministry according to the Reformation which they pretended And are not we hereupon to presume that the French by these degrees finding a necessity of balking the Authority of the Episcopacy which they were under did think themselves thereupon free to cast themselves into that Form which they use For if it be said That by this time they had profited beyond their Predecessors in discovering the Whore of Babylon that they found Episcopacy to be the Body of Antichrist and therefore renounced it It will appear by many Reasons that this cannot serve the turn First how can the common sense of men endure to believe that the Pope is Antichrist by reason of that Greatness which it is certain and evident that he hath attained by Usurping the Rights of his inferiour Bishops And yet those inferiour Bishops be the Body of Antichrist by suffering those Usurpations which they cannot help Secondly it is manifest that they who should hold this Plea could not pretend by virtue of their Orders received from the Bishops of this Church to Ordain Presbyters Unless they would say that they may have their Authority from Antichrist This Plea therefore must remain for the Independents to authorize them that think themselves in the State of Grace before they are members of the Church to make their their Congregations Churches and Usurp the Authority of Apostles in Ordaining their own Ministers Lastly it appeareth sufficiently that very many learned and religious persons of those Churches have not only approved the Episcopacy here setled But have wished the benefit of it to themselves Whereby it is manifest that those Churches cannot owne this Reason when another so far from it is owned by their principal Members I have another Reason to alledge which weighs as much with me as all these And that is the Communion which hath always been used between this Church and the Reformed Churches For should they hold Communion with us and yet think our Ordinations authorized by Antichrist how could they expect to be believed so grosly contradicting themselves And therefore though I must not take upon me either to justifie or to condemn their Ordinations Averring on one side that they are not according to Rule Seeing on the other side that they are owned by my Superiors yet I must acknowledge that there are very great Reasons to hope and to presume that God accepteth of their Ordinations though not made according to Rule In consideration of the necessity that drove them to it and of the Reformation which they were used to propagate Whereas those that Vsurp the Power of the Keys and the Consecrating of the Eucharist by virtue of Ordinations made in despite of those Bishops from whom they have all the Authority which
was setled upon that Faith and those Laws that are now as Visible as the Laws of England from which present Titles are derived can be Visible must needs have that Right from which the Right of all present Soveraignties must be derived Because the Church whose Interest concurreth with the Interest of them all in the same matters is always One and the same and ought so to be from the first to the second Coming of Christ And that answers any difficulty that may be objected when any Law of any Roman Emperor or other Christian Prince or State seems to infringe the Canons of the Church For the Protection of the Crown being of such advantage as it is both for the inlarging and maintaining of Christianity It is enough that the Church can continue One and the same Visible Church by one and the same Visible Laws Though the force and effect of them be hindred now and then here and there by some Acts of Secular Power which in some regards may advance the Church as much as they hinder it in others It was necessary for the Crown under Henry the VIII to vindicate the Supremacy from the pretense of the Popes Secular Power which had been on foot divers Ages afore And therefore not to have to do with him that pretended to assoil the Subjects of Princes whom he should excommunicate of their Allegiance till they might owne him upon terms consistent with the Protection they owe their People And it was still more necessary under Edward the VI. when the Reformation was inacted which they knew well enough that the Pope would not endure But when the Right of the Crown in Church-matters is declared by Law to be the same which the Kings of Gods Ancient People and the first Christian Emperors did exercise the ground of that Interest and the bounds of that Interest which the Church must challenge if it will continue a Church are declared to be the same which the Faith and the Laws of the Whole Church from the beginning do allow CHAP. XXIII Of restoring and reforming the Jurisdictions of the Crown and of the Church in Ecclesiastical Causes ANd this makes the Reformation of our Ecclesiastical Laws as easie as it is visibly the cure of all distempers in Religion among us It is in brief this That the Jurisdiction which may by this means appear to the Kingdom to be invested in the Church by Gods Law be by a Law of the Kingdom restored to the Clergy To the Bishops in chief then to the Chapters of their Cathedrals and to their Archdeacons And to these not without the Assistance of the Principal Clergie of their Respective Jurisdictions the Judges of the Ecclesiastical Courts continuing the Kings Judges as they are now by Law to manage the Interest of the Crown in all the Rights thereof resumed into the Crown by the Acts of Supremacy according to the Roman Laws in those Ages of Christendom which passed before the Usurpation of the See of Rome had taken place If it be said That it is not Visible when those Usurpations took place I shall allow all the time which that Code of the Canons contains that Pope Adrian sent to Charles the Great In whose time there can be no pretense of Usurpation upon the Temporalties of Princes by the See of Rome This Code is yet read under the Name of Codex Canonum Ecclesiae Romanae I have commended the Justice and Wisdom of that Commission which was designed under Henry the VIII and Edward the VI for the qualities of Persons limited by it But I do not think it possible for any Commission to Reform the Alterations introduced by the Popes Canon Law after that time in one Kings Raign with that circumspection which is requisite The Jurisdiction which the Church challenges by Gods Law can not be distinctly stated with more satisfaction to all Interests preserving that of Religion then by a Commission so qualified The Interest of the Kingdom in preserving the study of the Roman Laws hath always been thought considerable But how shall the study of them be maintained if the Authority of them be not maintained Or how shall that Authority be maintained but by adopting them into the Law of the Kingdom in matters necessary to be provided for by Law but not provided for by the native Law of the Kingdom Or what provision can there he by the native Law of the Kingdom for those Causes which for so many hundred years before the Reformation the Popes Canon Law had sentenced by the Authority of the Kingdom There is an Interest of Religion in Matrimonial Causes in Testamentary Causes in Causes arising upon Elections of Corporate Clergie in Causes of Dispensation in Canons in Causes of Tithes in divers sorts of Causes besides those which the Power of the Keys in the Discipline of the People and the Correction of Inferior Clergy occasioneth Let me not say that it were Barbarous for a flourishing Kingdom in a flourishing Age for all other Learning to reduce the Tryal of them to the Arbitrary Verdicts of Juries Who can never understand the Grounds upon which the matter of Fact is to be stated when I can so clearly say that there can be nothing more like to meer Tyranny then Arbitrary Justice nor Justice more Arbitrary then where it is manifest that there can have been no other Law provided because the Canon Law hath been hitherto used As for those Causes which are proper to the Church as rising from the Constitution of it how can it stand with Religion and Reformation in Religion which we pretend to try them otherwise then by those which the Kingdom shall be satisfied by such a Commission that they are by Gods Law capable of Authority to do it And the Interest of the Crown and of the Subjects which it is bound to protect shall be secured when provision is made by adopting the Roman Laws for managing the Rights of the Crown resumed by the Act of Supremacy within those Bounds which the Roman Laws maintained before the Usurpation of the See of Rome It cannot be denied that the Popes Canon Law which the Law of the Land hath already adopted so far as it contradicteth not the Law of the Land provideth for many things not provided for by the Primitive Canons within the Compass of the Roman Laws And it would be too much rashness to recal that Adoption and to leave so much matter to arbitrary Justice rather then retain a Provision which the Law and Religion professed by the Kingdom owns not the Original of though it owne the matter it hath adopted For whatsoever shall prove by time and tryal to hinder the Reformation which we pretend thus to ground and thus to bound the faults that shall be found by experience must open the way of mending it because the Cure must be as particular as the disease is And upon these Terms it can be no dishonour to the Kingdom and to the Reformation