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A86352 A breif [sic] enquiry into the ground, authority, and rights, of ecclesiastical synods; upon the principles of Scripture and right reason occasion'd by a late book, intitul'd, Municipium ecclesiasticum: &c. Hill, Samuel, 1648-1716.; Hill, Samuel, 1648-1716. Municipium ecclesiasticum, or, The rights, liberties, and authorities of the Christian church. 1699 (1699) Wing H2005B; ESTC R178160 16,608 46

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A Breif Enquiry INTO THE Ground Authority and Rights OF Ecclesiastical Synods Upon the Principles of SCRIPTURE AND Right Reason Occasion'd by a Late BOOK INTITUL'D Municipium Ecclesiasticum c. LONDON Printed by M. B. for Richard Sare at Gray's-Inn-Gate in Holbourn 1699. TO THE READER THE Reverend Dr. Wake in his Book Intitul'd The Authority of Christian Princes over their Ecclesiastical Synods asserted c. has chiefly argued from matters of Fact in those Instances of Power and Jurisdiction which have all along been claimed and exercised by Christian Emperours and Kings except only where the unjust Encroachments of the Papacy had prevailed against the Lawful Right of the Civil Magistrate and which by the Laws of England are actually annexed to the Imperial Crown of the Realm Now if the Historical account which he has given of this matter be defective let it be shewn either that his Quotations are false or else insufficient But if neither of these can be done I wonder how any one who has subscrib'd to the Second Canon of our Church can deny The King's Majesty to have the same Authority in Causes Ecclesiastical as the Doctor has proved the Christian Emperours to have had in the Primitive Church But much more do I admire that such a man should venture to impeach in any part the Regal Supremacy in the said Causes Restored to the Crown and by the Laws of the Realm therein established But supposing a man to pay no deference to the Authority of our Church nor yet to the Opinions of our most learned Divines many of which the Doctor has Collected in his Appeal to all true members of the Church of England in the behalf of the Kings Ecclesiastical Supremacy there is one plausible Objection that may be made against his Book and is earnestly urged by the Nameless Author of the Municipium Ecclesiasticum Chap. x. viz. That to argue a right in any one from bare Matter of Fact alone is by no means a sufficient or conclusive way of Reasoning And therefore to take off this prejudice I think it would be a very necessary and useful work to give a clear and satisfactory account of the Ground Authority and Rights of Ecclesiastical Synods from the Law of God and Reason of things Whereby it might plainly be made appear whether or no that Power which other Christian Princes have exercised and our Kings do claim and practise over them be built upon a good Foundation or else be only an Encroachment and Usurpation upon the Church What the Municipium Ecclesiasticum advances upon this subject to me seems very obscure and confused And whether the fault be in the Book or in my Understanding I know not but I must own that I am not able to frame sufficiently clear and distinct notions of the Authors Opinions or the force of his Arguments in reference to this matter which he professedly proposes to handle And altho' Dr. Wake has here and there some very useful hints upon this subject yet as they are not all laid together in one part of his Book so neither perhaps would they amount to nor were they intended for a just discourse upon this Argument Which therefore I could heartily wish that he would set himself to write as being well assured by what I have read of his other works that he is abundantly able to give satisfaction to all reasonable men in whatsoever he shall think fit to undertake To provoke therefore either him or some other Learned man to set upon this work I have drawn up the following short Essay in which I have very freely and plainly set down my own thoughts And wherever I may happen to be in the wrong I shall own my self much obliged unto any Charitable hand that shall endeavour again to set me right AN ESSAY Concerning Ecclesiastical Synods 1. BY an Ecclesiastical Synod I mean a Lawful Assembly either of Bishops alone or of one or more Bishops in conjunction with some Presbyters of the Church or Lastly of Presbyters alone duly and sufficiently Authoriz'd to consult and determine some matter relating to the good of the Church and benefit of Religion so as that others shall be oblig'd to submit and give Obedience to their Decrees and Determinations For tho' Deacons or Lay Persons may in some cases be admitted to assemble with the others in a Synod Yet I take it for granted that their absence makes it never the less or their presence the more a Synod supposing it to have all the other qualifications And if such an Assembly be not Lawful that is to say Justifiable by some sufficient Law it would rather be a Riotous or Schismatical Meeting than an Ecclesiastical Synod And if the Bishops or Presbyters when met together have not Sufficient Authority to transact matters and lay an Obligation upon others as is above said they can at most be said to be but a Prudential Assembly And Lastly if they meet upon other business wherein the Church and Religion are not concern'd Notwithstanding that the Persons who compose the Assembly may be all Ecclesiasticks yet such an Assembly I conceive can not so properly be call'd Ecclesiastical 2. From the different extent of that tract or district of the Church from whence and for which any Synod is convened It may take and derive to it self a different denomination Thus for example If a Synod be call'd from within so much of the Church only as is under the care and Government but of one Bishop It is call'd a Diocesan Synod If from within several Diocesses more immediatly consociated under the jurisdiction of one Metropolitan a Provincial Synod If from all the several Provinces of one Kingdom or People a National Synod And if from every part of the whole Church a General or Oecumenical Synod 3. Concerning Ecclesiastical Synods I shall propose Four things to be inquired into First Of what Institution they are in the Christian Church viz. Whether of Divine or Human Secondly What right they have to meet and act antecedent to the Civil Laws of each Kingdom or Common-wealth Thirdly In what things and over whom they may have Authority I mean still antecedent to the Civil Laws And Fourthly How far their right of Meeting and Acting or their Authority over others may be restrained limited or qualified by the concessions of the Church to the Civil Magistrate or otherwise by the Laws of any Kingdom or Commonwealth 4. Towards the answering the First Inquiry Let it be noted that to the Institution of any Assembly it is absolutely necessary that there be some certain Rule for the fixing and determining at the least these three things viz. First At what time and place they shall meet Secondly Of what Persons the Assembly shall be compos'd And Thirdly What they are to do when they come together For while any one of these things remain uncertain the Assembly can not be said to be Instituted or Appointed For First if the time or