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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A41808 Considerations upon the second canon in the book entituled Constitutions and canons ecclesiastical, &c. Grascome, Samuel, 1641-1708? 1693 (1693) Wing G1569; ESTC R11703 35,734 45

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is not long since that a wise and pious Prince was barbarously murdered amongst us by his own Subjects and though his Son by the Mercy of God made his escape yet there are many who thi●st for his Bloud which in the estimation of God is the same thing To this I will here add part of a Canon of another of our own Councils Vid. Lind. l. 5. sol 248. b. Auctoritate Dei Patris c. By the Authority of God the Father c. we excommunicate all those who injurious●y disturb the Peace and Tranquillity of our Lord the King and those who labour unjustly to detain the Rights of our Lord the King This is a Canon made amongst our selves and the Book is the great Director of our Ecclesiasti●●l Co●●ts at this Day and if the Rights of a King be not only detained but wholly swallow●d up by some at this time we must never believe matter of Fact more and as for the Cur●e let them take it to whom it belongs Indeed while the Authority of God was reverenced in the Censures of the Church Kings were very desirous that the Churches protected by them should contribute to the Security of the Royal Authority by a d●nunciation of Spiritual Judgments on such as should any ways be injurious to it Thus at the Request of K. Edward a Constitution was made to this purpose by John Stra●ford Arch-bishop of Canterbury as is to be seen Lind. fol. 254 b. But a very ●emarka●le Instance in this kind the Concilium Engilhelmense under Lewis the 4th affords us C●n. 1. De hinc ex Sessionis suae loco s● sub●●gens c. Then the Glorious King Lewis rising from his Seat made a most 〈◊〉 Complaint viz. That ●e was strip'd of his Royal Power by a certain Prince called Hugo whose just Grief and Complaint we Holy Fathers i. e. the Bishops there assembled cond●●ing being joined together in the Vnity of Spirit have made thereupon this Decree Let no Man henceforth in ●ade the Kingly Power nor deal treacherously therewith for we have decreed by putting in execution the Council of Toledo That H●go the Invader and Ravisher of the Kingdom of K. Lewi● shall be smitten with the Sword of Excommunication unless by an appointed Time he com● to the Council and repent of so soul a Fact and make satisfaction Had this Complaint been made to St. Asaph or Dr. Burnet They would have told poor Lewis that Hugo had conquered him that he had lost all his Right and so long as he lived must only be called the late King Lewis that for their parts they were bound to swear Allegi●n●● to Hugo and to assist him to the uttermost against Lewis But contrary-wise these Bishops own the Cause of the distressed Prince and decree the Usurper excommunicate if he restore not his ill-gotten Goods Now whom shall we believe For either this Council or some Bishops now living must be in the wrong The Case of Ludovi●us Plus has too much Assinity with ours for his own Children rose up against him and a parcel of St. Asaphs Burn●ts ●owlers and such other Godly and Loyal Prelates met together and made up that which is called Synodus Compendiensis and by the Learned Baluzius justly stiled Synodus Praedatoria these join with the Rebellious Children against the Father and formally strip him of his Authority in order to his being imprisoned by his Son Lotharius But against these Rabanus Maurus Arch-bishop of Mogunce then living a Man of greater Reputation and Authority than a thousand such false Loon● stoutly opposeth himself and with the Courage and Fidelity of a Christian Bishop condemns the Fact and writes a Tract on purpose De reverentia Filiorum erga Patres subdi●●rum erga Reges which I think may be worth any honest Man's reading Much such another Case was that of the Emperor Henry the 4th but the more abominable for this that that whole Scene of Wickedness was managed by Gregory the 7th otherwise called Pope Hildebrand but more deservedly Pope Firebrand who the better to colour over the matter excommunicates the Emperor and absolves his Subjects from their Allegiance but the Bishop of Leige being too Honest and Loyal to think himself so discharged of his Oath of Fealty continued faithful to the Emperor for which the Pope darts his Thunderbolts against both him and his Adherents notwithstanding which his Clergy continue firm to him justifie their Proceedings from the Obligation of their Oaths and the Commandments of God and look upon his Excommunication as meerly brutum ful-men and of no Force It would be too tedious to heap up what might be brought of this kind from Examples Canons and declared Judgment of Holy Fathers From all which it is plain that the pious consci●ntious Clergy ever thought themselves in Duty bound not only to adhere to their lawful Prince against all Usurpers and Rebels but to censure those that did otherwise which was sufficient to induce our Church to compose this Canon and justifie her in so doing and ought to strike a terro●● in all those who incurr the Censure of it which that they may be the more aware of I shall now proceed further to explain it in the other Particulars The next Thing we have to do is to enquire after the meaning of an Excommunication ipso facto where by the way take notice that this sort of Excommunication is never denounced but against Crimes of more than an ordinary Size either against such as are of themselves of so very ill Name that being once known there needs not the canvassing of a Judge to induce any Persons to condemn them or else of such pernicious and fatal Consequence that they ought not to be allowed the least encouragement or so much as any sorbearance by which you may easily perceive how heinous a Fault it is adjudged in the sense of the Ch. of England for any Person to m●im the Authority of his King or dismantle him of it she having denounced no less than an Excommunication ipso facto against it And indeed what Laws or what Authority shall be able to restrain those Men who shall dare to make an Attempt upon the Sovereign Authority which is the Guardian of the Laws and Security of the State Before Wickedness can grow rank enough for such a desperate Experiment it must have broke thro' and shook off the dread of all Laws and become not only regardless of the Duties of Civility and common Honesty but to be not so much as moved with the sense of the Publick Good and Safety Now what hopes can any Man cherish of such Men And how miserable must that Government be which is ravisht into such hands But to return to our Business Excommunication ipso facto is where the Discussion and definitive Sentence of the Judge is neither requisite or necessary as to the Offender but the Fact being committed the Excommunication immediately takes place and the Law in a great
But to what purpose is all this Stuff Are we to judge of our Constitutions by the blind Tale of a little Historian or the contradictory Saying of an old Moth-eaten Lawyer who wrote in di●●icult Times trod upon Thorns and was under a kind of Necessity to write so as that he might avoid the Rage of the several incensed Parties What a woful Condition are the People of England in if they must look five six seven or eight hundred Years downward for what they are to do now and to learn wherein and how far they are to obey their King Such Things fall in few Hands and are read by fewer and perhaps well considered by fewest of all Will Mr. Johnson have the present State of Affairs redu●ed to what was so long since Or will he be content that his Almighty House of Commons should be l●id aside because there was no such House at the time from whence he se●cheth several of his Authorities or at least not such a House as is now under the pr●sent Constitutions And therefore I must beg his Pardon if in this case I little regard his far-fetch'd Stories and am bold to tell him that we are not to be ruled or guided by odd Remnants of Antiquity in this matter but by our present Constitution and if he can make that agree with his Old Stories he will go near to carry the Cause but if he cannot then both he and all the Revolutionists will stand for ever condemned by it Now I know not how to come to the knowledg of our Constitutions better than by our Laws and then for a Protestant Kingdom it may be convenient to look so high as the first establishment of Religion under that odd Title and to compare and view the agreement of our Laws all along from the first enterance of the Protestant Religion to the very time of King James's pretended A●dication And here if I go so high as Henry the 8th 〈◊〉 I think I need go no farther than Queen Elizabeth and so trace Things to our own Time we shall thence learn the present Obligations we lay under when this Revolution came upon us I am not willing to create a Quarrel whether Henry the 8th were Papist or Protestant I will freely give the Papists my share in him For he that so ●obb'd the Churches that many Parishes have not Revenues to find a Minister Bread and burnt Protestants because they would not become Papists I think is much fitter for them than for us But be he what he will I cannot find that either he or his Parliament owned Mr. Johnson's Doctrine In the ●●th of his Reign cap. 12. you will find it thus Enacted Where by divers sundry old Authentick Histories and Chronicles it is manifestly declared and expressed That this Realm of England is an Empire and so hath been accepted in the World governed by one ●upream Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick compact of all sorts and degrees of People divided in Terms and by Names of Spirituality and Temporality been bound●n and owen to bear next to God a natural and humble Obedience Here a Parliament declares him 〈◊〉 subjects him to none but God and in the next following Words gives him plenary whole and intire Power Pre-eminence Authority Prerogative and Jurisdiction And this they declare to be no new thing but to be taught by old Histories and Chronicles whose authentickness they vouch Now one would think that such authentick Histories and such Vouchers should make a better Authority th●n Mr. Johnson's Knighton But it is so well known what Authority Henry the 8th challenged and was owned by his Subjects that I need not insis●●pon it Had our Author come abroad then with his new Inventions he himself perhaps would have found little better usage than Dr. Burnet's Pastoral Letter As for King Edward the Sixth we do not find that he any ways departed from the Authority his Father left him but though a Prince of great Hopes and pious Inclinations yet by the Seducements of some ill Persons about him entered farther upon the Ecclesiastical Authority than ever his Father did how justly I leave others to judge I cannot commend it And then for Queen Mary all Dignities Prerogative Royal Power Pre-eminence Priviledges Authorities and Jurisdictions are as fully wholly absolutely and entirely invested in her as in her Father or any her Predecessors by the Statute 1 Mariae Par. Sec. Cap. 1. To avoid tediousness I shall only touch upon such Statutes as speak home to this purpose and now we come to that which all sorts of Persons except Papists as with one Month stile the best Reign I mean the admired times of Queen Elizabeth in the first Year of whose Reign the Oath of Supremacy was enacted or rather revived in which amongst others are these two things asserted 1st That the Queen's Highness is the only Supream Governour of this Realm and of all other her Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal 2dly That no Foreign Prince Person I relate State or Potentate hath or ●ught to have any Jurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm By the first her own Subject's Hands are tied up by the second the Usurpations of Foreignes are excluded She could not be Supream much less only Supream if any Men or body of Men in her own Dominions had a Superior Power to depose her and it being not only their Duty but they also farther obliged by Oath to assist and desend her in this Supremacy and this Oath and Statute being transmitted in force to all her Successors any attempt by them to the contrary must necessarily be invalid and unlawsul And those who have a mind to know the Penalties which the Law insticts on Offenders in this kind may at their leisure read them in the same Statute Let us now des●●●d from the Reign of Queen Elizabeth to that of King James the First and in the Act of Rec●gr●tion Anno 1. Jac. 1. cap. 1. after a long dutiful and humble Pr●●mble it is thus said We being bounden thereunto both by the Laws of God and Man do recognize and acknowledg and thereby express our unspeakable Joys That immediately upon the Dissolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and of all the Kingdoms Dominions and Rights belonging to the same did by inherent Birth-right and lawful and undoubted Succession descend and come to your most excellent Majesty as being lineally justly and lawfully next and sole Heir of the Blood-Royal of this Realm as is aforesaid And that by the Goodness of God Almighty and lawful Right of Descent under one Imperial Crown your Majesty is of the Realms and Kingdoms of England Scotland France and Ireland the most potent and mighty King and by God's
deep Sense how scandalously the Christian Religion was injured hereby she not only severely censures such Offenders but also clogs their Restoration with great Difficulties and makes it a reserved Case I am not ignorant that the Bishop of Rome who grasps at and claims no less than all has made Reservations till he has reserved away in a manner the whole Authority of all the Bishops in his Communion but the best things may be abused or usurped upon For in the first Ages of the Church we find Cases reserved but then it was by Canons made in Council where it was thought necessary for the benefit of the Church to restrain the exercise of Jurisdiction of single Bishops in some special Case hence it was decreed that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nothing of moment should be done without the Bishop of the Prime See whom we now call a Metropolitan or Arch-bishop and herein our Church hath trod in the Steps of the Primitive Fathers For she leaves the Bishops their just Authority and yet reserves some matters of more universal Influence and concern to the Metropolitan and that she hath done it in this and some other cases perhaps there are weighty Reasons As 1st To preserve and secure the Discipline of the Church in matters of great importance and publick concern Favour Affection Interest or Importunity of Friends might perhaps be apt to sway sometimes with the particular Bishop either to overlook the thing or too easily to reconcile the Persons whereas the Metropolitan is less obnoxious to such Motives Besides if he should neglect to do his part the Suffragan Bishop would have just cause to complain and desire the exercise of his Jurisdiction in that particular to be restored if the other answer not the end of the Reservation and thus they are made a mutual Spur to and Watch upon each other 2dly For more publick Satisfaction the Crime may be notorious and the Offence given to a whole Nation or more and if the Person should be reconciled by his Ordinary it might be known to few and consequently the Scandal remain but being done by the Metropolitan it must necessarily be more notorious the Party's Repentance will be more publick and a more ample Satisfaction made for the Dishonour done to the Laws of God and his Church 3dly For a particular Brand upon the Crime and to testifie the Judgment of the Church as to her high detestation of it For every one must think that she hath a singular Abhorrence of that Crime which she declares she will not forgive but upon such severe conditions 4thly For the more effectual punishing and reclaiming the Offender he is by this means more surely held and his Trouble and Pains much greater to get out of the Snare he hath run into He must be more thoroughly mortified before he will submit to such open Penance and Recantation and when it is over it s very being so well known will in all probability be a means to prevent his relapsing Lastly The more powerfully to deter others that they may not dare to run in that Wickedness which intangles Men with such great Difficulties and brings them to such open Shame Now as big and scornfully as our Adversaries look upon us I think I have proved that these are the Circumstances they are under and having done my endeavour to convince them of their Sin and Danger I know not what I can now do more or better for them than to pray to God to give them Repentance they have not only brought a Flourishing Church into a most miserable condition but have razed the very Foundations and set her on no Bottom she is not only lest at the discretion of the Secular Power but prostituted to the frantick Will and Humour of every Usurper which is little better than putting God's Church under the Devil's Protection The Breach of Promises and Oaths the renouncing our natural Allegiance and Canonical Obedience are made no Sins if the adhering to them should chance to bring us under any Inconvenience And thus the Doctrine of the Cross so particularly entailed on Christianity is huff'd and scoff'd out of Doors Men may join with the Devil to delude themselves and others but certainly God will visit for such Sins as these and sooner or later make such Sinners know themselves May God in Mercy give them a sight and sense of their Sins that they may repent and return and God's Judgments averted and our Breaches healed tho' I abominate the Crimes yet I have no ill-will to their Persons and wish them reconciled but as for the methodus reconciliandi I leave it to my Superiors the proper Judges who doubtless will faithfully assist and advise their Metropolitan how the Canon may be satisfied And provided that some sort of Reparation were made for the Dishonour done to God and his Church and the Wrongs done to the Lawful King I should very readily acquiesce in almost any Terms and rejoice to see an end o● the sad Thoughts of Heart caused by the Divisions of Reuben I had here concluded but that as I was penning these few Considerations News was brought me that after so long consulting and caballing Stillingfleet-Hody was come abroad laying about him like Goliah knocking down no less than 6 or 7 at once and making bolder Challenges than ever did that mighty Philistine I did think my self as to my present Subject out of his reach but not knowing what a Mad-man who lays about him at all Adventures might hit upon I procured the Book Now tho' his Principles well improved will vindicate any Villany or destroy any thing honest or true yet not finding my present Subject particularly affected I shall dismiss him and his Book with only some few Observations which may serve a little to stay honest Men's Stomachs till they can have a full Meal The Jackdaw in the Fable set out with the Peacock's Plumes did never strut and bristle at half the rate as doth this Vain-glorious Fellow and if every Bird should seize his own Feather he might be left as naked and ridiculous as was his Emblem The very Title is insolent and amazing For what honest or modest Man would discourse and set up for S●es Vacant by an unjust or uncanonical Deprivation For if the Deprivation be uncanonical the Persons are not by Canon deprived if it be unjust the Law and I hope there may be some Law left tho' we have so little benefit of it affords every Man a Remedy against Injustice and will help him to recover his right against it and the very Plea which the Law assigns in this case is Ecclesia plena just opposite to his Vacancy But right or wrong if it be done by a Power irresistible there must be a Submission Now I would know what he means by irresistible for properly speaking perhaps only God is so but if by it he means a Power by any wicked means and in any wicked courses become Superior to us