Apostates from the Church Catholick for pretending to Vindicate the Constitution of the Church of England as by Law Establish'd this is a Novelty which we know not what to make of a Prodigy becoming a Time and Place of Wonders To lay open the Design of this New-Attempt and which may otherwise in time improve into Another Schism and produce us a Third Church of England composed only of such Persons as will disclaim all Authority of the Civil-Magistrate from having any thing to do in Matters of Religion it may possibly be of some Use to represent to such as have not yet lay'd aside all Regard to Her the plain Sense of our Reformed Church in the Points under Debate and shew them from whom I received the Doctrine which I have asserted in Vindication of the Kings Supremacy And having done this I cannot but hope that some of them will consider what is the true Design of those who are so forward to pull down what our Wise and Pious Ancestors took so much care to Build And whether the Methods we are now running so blindly into must not end either in downright Popery or Fanaticism at the last When the Foundation was first laid for a regular Reformation of Religion among Us One of the first things which those who carry'd on that great Work saw it needful to do was to restore the Crown to that Authority which the Prevalence of the Papal Power had so notoriously deprived it of In order hereunto the Convocation having agreed to submit themselves to the King an Act of Parliament was framed upon that Submission in which among Others these four things were Establish'd 1st That the Convocation should from thenceforth be Assembled only by the Kings Writ 2dly That it should make no Canons or Constitutions but by Virtue of the Kings Licence first given them so to do 3dly That having agreed on any Canons or Constitutions they should yet neither Publish nor Execute them without the Kings Confirmation of them Nor 4thly By his Authority Execute any but with these Limitations That they be neither against the Kings Prerogative nor against any Common or Statute Law nor finally in any other respect contrary to the Customs of the Realm This Act being thus pass'd continued in force all the time of King Henry the VIII and his Son King Edward the VI. Queen Mary succeeding and rescinding whatsoever her Father or Brother had done in prejudice of the Romish Church abolish'd among Others this Act also But her Reign ending within a few Years after One of the first things done by her Sister Queen Elizabeth was to Revive such Laws made by those two Kings as were thought Necessary for the Reformation of the Church and so this Statute was brought again in Force The Title of the Act by which this Statute was revived and the other Authorities therein express'd were again Annex'd to the Crown is this An Act restoring to the Crown the antient Jurisdiction over the Estate Ecclesiastical and Spiritual c. And that taken from the Words of the Act its self wherein the design of this Statute is declared to be for the Restoring of the Rights Jurisdictions and Preheminencies appertaining to the Imperial Crown of this Realm And in another place To the Imperial Crown of this Realm of Right belonging and appertaining And from which it is I suppose obvious to conclude that in the Opinion of that Parliament such an Authority over our Convocations as is before shewn to have been Establis'd by the 25 H. VIII c. 19. and was hereby again vested in the Crown was not either by that or this Statute first given to our Kings but only Restored to them as a part of their Royal Jurisdiction over the State Ecclesiastical and which did always of right belong and appertain to them The Rights of the Crown being thus once more by Law Restored to it to secure them the better against any New Encroachments for the time to come it seem'd good to this Parliament after the Example of those of King Henry the VIII that an Oath should be framed in Recognition of the Supremacy here declared to belong to our Royal Sovereigns and be enjoyn'd to be taken by all Officers and Ministers Ecclesiastical and Temporal as in the Act may more fully be seen In this Oath we solemnly testify and declare in our Conscience that the King's Highness is the only Supreme Governour of this Realm and of all other his Highness Dominions and Countries as well in all Spiritual or Ecclesiastical things or Causes as Temporal And we do promise that to our Power we will assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Kings and Queens of this Kingdom or United and Annex'd to the Imperial Crown of this Realm Now this Oath being design'd as both the Subject of it shews and the Words of the Act it self expressly declare to be for the better Observation and Maintenance of that Statute it must follow that the Supremacy which we there Testify in our Conscience to belong to our Princes must be Interpreted by what that Act has United and Annex'd to the Crown and so comprehend All that Authority of the King over his Convocation which in the 25th H. VIII was expressly Restored to our Princes and which being again by the Repeal of that Act recovered from them was by this present Statute once more Re-setled in the Crown as it had been before How those who now appear so Zealous in Opposition to this Authority and have probably more than Once solemnly taken this Oath will acquit themselves either before God or the World of a manifest Violation of it by their present Behaviour is past my skill to Comprehend Unless because some part of that Oath is now laid aside they should chance to think that therefore the whole Obligation of it is ceased even to those who have taken it in its former Integrity But indeed should we allow that there were some weight in this yet since the Laws made in Defence of the Kings Supremacy are still the same they ever were our Recognition of it must be look'd upon to be the same too And in renouncing all Forreign Jurisdiction in Causes Ecclesiastical which We still do we must be accounted as Effectually to acknowledge the Kings Supremacy according to the legal Notion of it as when we the most fully declared our Assent to it tho' it should be granted that we do not now so expressly Oblige our selves to the Defence of it as we were heretofore wont to do And this I say with particular Respect to the present State of this Oath for otherwise as to what concerns Us of the Clergy it cannot be doubted but that Our Obligation as to the Substance of it is still the same it ever was The Declaratory part of this Oath being what we in Terms subscribe to
in the first Article of the 39th Canon and the Promissory no other than what is tied upon Us in the 1st Canon by an Authority which Our Adversaries I conceive will not presume to except against But not to insist upon the present Obligation of this Oath thus much at least must be confess'd and that is enough for my Purpose that All those who heretofore took the Oath of Supremacy as it was first drawn up in the Statute of Queen Elizabeth did thereby without Question both declare their Approbation of the Kings Supremacy as by that Act Establish'd and promise to their Power to Assist and Defend it But now this All our Clergy and almost all Others who were admitted to any Employ whether Civil or Ecclesiastical did do And therefore it must be allow'd that till within these last ten Years the Authority by me ascribed to the King was not only agreeable to the Sense of the Laity but to that of the Clergy too since every Clergy Man in the Realm till then did upon his Oath both declare his Approbation of it and Engage himself to his Power to Defend it And how that Authority which was so Universally received and acknowledged by us for so long a time should now become so Detestable in it self and so Destructive of the Rights and Liberties of the Church I would desire these Gentlemen if they can to Inform Me. It was about four Years after the Session of this Parliament and the Passing of this Act that the Nine and Thirty Articles of Religion were agreed upon in Convocation and Publish'd by the Queen's Authority Of these the 37th relates to the Civil Magistrate and is drawn up so exactly according to the Words as well as Sense of the Oath of Supremacy that we cannot doubt but that the Convocation had a particular Respect thereunto in the Framing of it The Queen's Majesty hath the Chief Power in this Realm of England and Other her Dominions unto whom the * Chief Government of All Estates of this Realm whether they be Ecclesiastical or Civil in All Causes doth appertain So this Article determines And what we are to Undestand by Supreme Power and Supreme Government of all Estates and in all Causes Our Laws tell us and from which we may be sure neither the Queen nor the Convocation had any Intention to depart But the Article goes on Where we attribute to the Queen's Majesty the Chief Government by which Title We understand the Minds of some dangerous Folks to be Offended We give not our Princes the Ministring either of God's Word or of the Sacraments the which thing the Injunctions also set forth by Elizabeth our Queen do most plainly testifie But that only Prerogative which we see to have been given always to all Godly Princes in Holy Scripture by God himself that they should Rule all Estates and Degrees committed to their Charge by God whether they be Ecclesiastical or Temporal And if you would know what Ruling of the Ecclesiastical Estate is hereby intended the Injunctions to which the Article Referrs us will fully clear it Where having first denied as the Article also does that by the Words of the Oath of Supremacy before-mention'd the Kings or Queens of this Realm possessors of the Crown may challenge Authority and Power of Ministry of Divine Service in the Church they declare That Her Majesty neither doth nor ever will challenge any Authority than what was challenged and lately used by the noble Kings of famous Memory King Henry the VIII and King Edward the VI. which is and was of Antient time due to the Imperial Crown of this Realm that is under God to have the Sovereignty and Rule over all manner of Persons born within these her Realms Dominions and Countries of what Estate either Ecclesiastical or Temporal soever they be These are the Words of the Queens Injunction and agreeably whereunto it is manifest the Convocation design'd to frame this part of their Article as they took the Oath of Supremacy for their Pattern in the foregoing And in consequence whereof as well as in conformity to the Laws of the Realm then Establish'd we must conclude That this Power of calling and directing the Convocation being one main part of that Jurisdiction which was declared by Act of Parliament to belong to the Crown and was accordingly Restored and Annex'd to it thereby And having as such been challenged and used both by King Henry the VIII and King Edward the VI. is also a part of that Supremacy which the Convocation here intended to attribute to the Queen as we are sure the Queen must have understood it to have been hereby ascribed to her And of this I shall give a more particular Proof when I come to consider the Notions which this Queen and her Clergy had of her Authority as to this Matter In the mean time I cannot but desire this Late Writer and All Others of the same Judgment with him who have in like manner Subscribed these Articles seriously to bethink themselves with what Conscience they did it if they had in Good earnest so ill an Opinion as they now pretend of that Power which those Articles most certainly allow of and profess to be due to the Civil Magistrate That the Author of the late Treatise not so much againt my Book as against our Laws and Government must have several times Subscribed these Articles the Character of a Minister which he takes to himself sufficiently assures Us. No Man can be Ordained a Deacon or Priest without doing of it Nor being in Orders can be admitted to any Cure of Souls or to any Other Ecclesiastical Administration whatsoever but he must again Repeat it The Method taken for performing of this Subscription is full and positive For first the Substance of what we are to Subscribe to is drawn up into three Articles whereof the first and third are these 1. That the King's Majesty under God is the only Supreme Governor of this Realm and of all other his Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal c. Which being the very Words of the Oath of Supremacy must be taken in the same Sense that I have before shewn that Oath was to be Understood in And 3. That we allow the Book of Articles of Religion and acknowledge All and Every the Articles therein contain'd to be agreeable to the Word of God And then to these Articles we subscribe in these very Words I S. H. do willingly and ex animo subscribe to these three Articles above mentioned and to All things contained in them He therefore who does this either must subscribe to them against his Conscience or he must thereby be concluded to profess this belief That the Authority given to the King by Our Laws and approved of in these Articles is agreeable to the Word of God The Danger of Impugning any
AN APPEAL To all the True Members OF THE Church of England In behalf of the King 's Ecclesiastical Supremacy AS By Law Establish'd by our Convocations Approved and by our most Eminent Bishops and Clergy-Men Stated and Defended against both the Popish and Fanatical Opposers of it By WILLIAM WAKE D. D. and Chaplain in Ordinary to his Majesty LONDON Printed for Richard Sare at Grays-Inn-gate in Holborn MDCXCVIII TO The most Reverend Father in GOD THOMAS By Divine Providence Lord Archbishop of Canterbury Primate of all England and Metropolitan My LORD THIS Appeal which Addresses it self to Others for their Judgment Sues with all Humility to Your Grace for Your Protection and that such as I conceive is neither Unfit for me to Ask nor for Your Grace to Afford You will here see what that true Agreement is between the Priesthood and the Empire which our Laws have Establish'd our Convocations approv'd of and our Greatest Clergy-men hitherto defended without the Censure of Any but the profess'd Enemies of our Church and Constitution But now a New Sort of Disciplinarians are risen up from within our selves who seem to comply with the Government of the Church much upon the same account that Others do with that of the State not out of Conscience to their Duty or any Love they have for it but because it is the Establish'd Church and they cannot keep their Preferments without it They hate our Constitution and Revile all such as stand up in Good Earnest for it but for all that they resolve to hold fast to it and go on still to Subscribe and Rail IN Opposition either to the Errors or Designs of these Men the Present Appeal bespeaks Your Grace's Protection not so much for its self as for the Articles and Canons of our Church and for those Excellent Worthies who in their several Successions have appear'd in Defence of the King's Supremacy over the State Ecclesiastical as by Law declared and Establish'd That you will vouchsafe still to Continue to Own a Cause in which not only the Church of England but the Church Catholick ever since the Civil Powers have become Christian is concern'd together with her The Authority we plead for in behalf of our Kings being no Other than what the most famous Bishops and Councils of the Church have given to their Empeperors and who by consequence must All be involved in the same Censure with our Parliaments and Convocations And they who now Revile the One would as freely Condemn the Other but that they are sensible that many who are well content with the Reproach of King Henry VIII and his Clergy would not endure to hear the like Charges made against Constantine and Theodosius and those Bishops and Councils which all Christians in all Ages have been wont to pay so Great a Regard to THIS My LORD is the Cause which I here bring before Your Grace In the Defence whereof I have Once already been engaged and shall with God's Assistance again appear when those who now talk with such Confidence against my former Allegations shall give me Occasion to shew how just they were and how little in Reality there is to be excepted against them In the mean time I was willing for the better Discovery of these New-Reformers by this short preliminany Treatise to draw aside the Curtain and let the World see whose Off-spring they are and from whom they derive both their Principles and their Animosities against Us. I cannot but hope that by this I shall awaken all the Sincere Members of our Church to beware of them and not give Countenance to such Attempts as under a shew of bettering Our Constitution do in Reality tend to the Utter Subversion of it To Your Grace I submit both the Design and the Performance and with all possible Duty and Respect Remain My LORD Your Grace's Most Humble and Obedient Servant WILLIAM WAKE THE PREFACE WHEN I entred upon the Defence of the Kings Supremacy in Answer to the Letter to a Convocation Man I was not so little acquainted with the Tempers and Designs of a certain Party among us as not to know that my Undertaking would be likely to displease Those who think any the least Authority that is given to his present Maiesty to be an Encroachment either upon their Civil or Ecclesiastical Rights Nor was I unsensible what might possibly be reply'd to the Arguments which I brought in Proof of it The knowledge I had of what the Papists were wont to return to the like Allegations of our Writers against them having in some measure inform'd me what upon this Occasion might probably be said in Answer to Me. But to find my self charged as if in defending the Authority of the Prince I had betray'd the Rights of the Church and appear'd in such a Cause as neither became my Function nor had any of our Clergy ever before concern'd themselves withall this I confess was a perfect Surprise to me and abundantly Convinces me that some Mens Resentments are as much beyond Modesty as they are without Reason It cannot be unknown to any who is not an utter stranger to the History of our Reformation upon what Principles it was undertaken and at last happily setled among us How the Prince's Authority was both the Means by which it was carry'd on and the Ground on which we justify'd our selves in the doing of it And indeed at the first none but the Papists that is to say those who had engrossed this Power into their own Hands and could neither endure to part with it nor to submit to the Use which they saw we intended to make of it complain'd of what we did in restoring the Prince to his antient and undoubted Right or pretended to enter any Process against us upon the Account of it It is true some time after another Party how opposite soever to the Papists in other Matters yet in this too nearly Approaching to Them began to set up themselves and to claim the same Power in behalf of their Kirk that the Romanists had pretended to in Right of their Pope and Church But against Both these our Bishops and Clergy continued firm and costant and were by all impartial Judges allow'd to be as much Superiour to them Both in their Arguments as they were in the Justice of the Cause which they maintained Thus stood this Controversy till our Own times Insomuch that I hardly know any Author professing himself a Member of the Church of England who has either cast any Aspersion upon our first Reformers for restoring the Crown to its Antient Jurisdiction or pretended that the Divine Rights of the Church were in any wise violated or infringed by it But it seems the Case is very much altered now And it is of a suddain become an Encroachment not to be endured by our New-Church-Patriots for the King to pretend to lay any Restraint upon their Assemblies and an Enterprise unbecoming a Minister of the Gospel tho'
of these Articles is Great and Unavoidable To affirm them in any part to be Superstitious or Erroneous whether he who does it be found out or no is by the Canons of our Church Excommunication ipso facto And if the Offender be discover'd and fortunes to be a Clergy-Man he is by the Statute Law of the Realm to be convented before his Bishop for it and if he does not presently Revoke his Error is in the First Instance to be Deprived of All his Ecclesiastical Promotions and in the Second loses them without more ado This is the Law both of the Church and of the State in the present Case And with what Conscience any Clergy-Man beneficed in such a Church can excuse himself for flying with so much Virulence in the Face both of these Laws and of these Canons I shall leave it to any One who has any Conscience himself though never so much prejudiced against the King's Supremacy to consider To the Articles of Religion set forth by Queen Elizabeth let us add the next authentick Evidence of our Church's Sense in this particular the Canons and Constitutions made by the Convocation in the first Year of King James I. Of these the very first is design'd to assert the Supreme Authority of the King's Majesty over the Church of England In order whereunto it ordains That All Persons Ecclesiastical shall faithfully keep and observe and as much as in them lieth shall cause to be observed and kept of Others All and Singular Laws and Statutes made for Restoring to the Crown of this Kingdom the antient Jurisdiction over the State Ecclesiastical Which last words being the very Title of the Act of the First of Queen Elizabeth we must conclude the meaning of the Canon to be this That they shall faithfully Observe the Laws referred to in that Statute and do what in them lies to cause All Others to Observe the same Seeing then that Act of the 25 H. 8. c. 19. is One of those which is there expresly Revived it will follow that it expresly comes within the Words of this Canon and that the Powers therein annexed to the Crown over the Convocation are hereby approv'd and allow'd of as part of that Antient Jurisdiction which always of Right belong'd to our Kings over the Estate Ecclesiastical But the next Canon is more express and will come more fully up to our present purpose It s design is to Restrain the Impugners of the King's Supremacy over the Church of England And thus it runs in our English Version of it Whosoever shall hereafter affirm that the King's Majesty hath not the same Authority in Causes Ecclesiastical that the Godly Kings had amongst the Jews and Christian Emperors in the Primitive Church Or impeach any part of the Regal Supremacy in the said Causes Restored to the Crown and by the Laws of this Realm therein Established let him be Excommunicated ipso facto and not Restored but only by the Archbishop after his Repentance and Publick Revocation of those his Wicked Errors It is plain by comparing of these two Canons together that the design of the Convocation was in the First to Declare and Assert the King's Supremacy and to oblige the Clergy to a strict and diligent Observance of it By the Second to Restrain all sorts of Persons from denying or otherwise endeavouring to hurt or extenuate the Legal Notion of it And two things there are which will deserve to be taken notice of in this Second Canon First What that Supremacy is which our Convocation was so careful to Assert and Defend And Secondly What it is to Impugn this Supremacy within the meaning of this Canon First As for the former of these the Supremacy here meant two Rules there are delivered by this Canon whereby we may come to a Right Understanding of it First It is that Authority over the Estate Ecclesiastical which by the Statutes of King Henry the Eighth and King Edward the Sixth was Restored and by the Act of Queen Elizabeth Confirm'd as of Right belonging to the Imperial Crown of this Realm And Secondly It is such a Power in matters of Religion as the Godly Kings had amongst the Jews and Christian Emperors in the Primitive Church And from which by the way it may be Observed what good Reason I had to enquire into the Authority of the Christian Emperors in these Cases and to argue from thence in behalf of that Power which our Church ascribes to our Own Princes on the like Occasions How much soever some Men may slight such Proofs as being sensible that they are not to be Answer'd Secondly To impugn this Supremacy within the meaning of this Canon is either first to deny Altogether this Authority and affirm that the King either has not or ought not to have any such Power Or it is secondly By any other means to Impeach or as the Latin Canon has it more plainly to Extenuate or Hurt this Supremacy Which I conceive is then done when Men Write and Argue against it when they Censure the Laws for Establishing of it and Damn the Prince so long as he shall continue to Exercise it according to those Laws But these are not the only Canons which justify what I have written in Defence of the King's Supremacy and Condemn those who appear against it The Twelfth is yet more express to my particular Case and will shew what the Sense of our Church is concerning those who Abet the now so much magnified Opinion on the other side Whosoever shall affirm that it is lawful Cuivis Ministrorum aut Laicorum Ordini vel Eorum alterutris simul Congregatis for any Sort Rank or Degree of Ministers or Laics or for either of them Gathered together to make Canons Decrees or Constitutions concerning Ecclesiastical things without the King's Authority and shall submit themselves to be Ruled and Govern'd by them let them be Excommunicated ipso facto and not be Restored until they Repent and publickly Revoke those their Wicked and Anabaptistical Errors For if in the Opinion of our Church it be necessary for the Clergy to have Authority from the King to meet on such Occasions If to say that any Persons of what Order soever they be may without his Licence make any Canons Decrees or Constitutions Ecclesiastical nay or but even submit themselves to be govern'd by such as shall be so made be a Wicked Anabaptistical Errour and for which a Man deserves to be cast out of the Communion of our Church then it must without all Question be allow'd that according to the Doctrine Establish'd among Us the Clergy can neither Meet nor Act but with the King's Permission Nor ought we to account those Constitutions of any Authority which any Persons shall make without his leave or as such submit to them how much soever they may please to cry up their Divine Powers and Vnalienable Rights to justify their Irregular and Anabaptistical Proceedings
The Sentence of both these last Canons is That they who Offend against them are to be ipso facto Excommunicated And concerning which I shall only observe thus much first that in such a Case there is no need of any Admonition as where the Judge is to give Sentence but every One is to take notice of the Law at his Peril and see that he be not overtaken by it And Secondly That there is no need of any Sentence to be pronounced Which the Canon it self has pass'd and which is by that Means already Promulged upon every One as soon as he comes within the Obligation of it In other Cases a Man may do things worthy of Censure and yet behave himself so warily in Them as to escape the Punishment of the Church for want of a legal Evidence to convict him But Excommunicatio Canonis Ligat etiam Occulta delicta Where the Canon gives Sentence there is no escaping but the Conscience of every Man becomes Obliged by it as soon as ever he is Sensible that he has done that which was forbidden under the Pain of such an Excommunication To these Canons relating to the Kings Supremacy I might add those which speak of the Authority of our Synods and there again Expressly provide for the Princes Rights Thus Can. 139. the Church affirms the Assembling of Synods to be by the Kings Authority In the 140th she acknowledges the Necessity of his Licence both for the Making and Ratifying of her Decrees in Causes Ecclesiastical And Can. 141. Censures such as shall upon this Account undervalue the Acts of our Synods in these Words Whosoever shall affirm that their Proceedings in making of Canons and Constitutions in Causes Ecclesiastical by the Kings Authority as aforesaid ought to be Despised and Contemned the same being Ratified and Enjoyn'd by the said regal Power Supremacy and Authority let them be Excommunicated and not Restored untill they Repent and publickly Revoke that their wicked Errour But in a Case so plain I shall not need to insist on any more Proofs and therefore shall content my self to observe that the Title given by publick Authority to these Canons is this Constitutions or Canons Ecclesiastical by the Bishop of London President of the Synod for the Province of Canterbury and the rest of the Bishops and Clergy of the same Province by the Kings Authority Treated and Concluded upon In their Synod c. Afterwards by the same Royal Majesty Approved Ratified and Confirm'd and by the Authority of the same under the Great Seal of England Promulged to be diligently observed thro' both Provinces as well of Canterbury as York This is the true Title given to these Canons And was fit to be thus particularly taken notice of because in our English Book of Canons which is of most common Use this Inscription as well as many of the Canons themselves is very imperfectly rendred and may be apt to lead Men into some mistakes concerning these as well as other Matters It were easie to make several Observations to our present Purpose upon the several Parts of this truly Accurate and Legal Title But I shall chuse rather to express the process of this Convocation in the Words of an Author who may perhaps be less liable to Exception and whose account of it is this That the Clergy being met in their Convocation according to the Tenour and Effect of his Majesties Writ his Majesty was pleased by Vertue of his Prerogative Royal and Supreme Authority in Causes Ecclesiastical to give and grant unto Them by his Letters Patents dated April 12. and June 25. full free and lawful Liberty Licence Power and Authority to Convene Treat Debate Consider Consult and Agree upon such Canons Orders Ordinances and Constitutions as they should think necessary fit and convenient for the Honour and Service of Alimighty God the good and quiet of the Church and the better Government thereof from time to time c. Which being Agreed on by the Clergy and by them presented to the King humbly requiring him to give his Royal Assent unto them according to the Statute made in the 25 of King Henry VIII and by his Majesties Prerogative and Supreme Authority in Ecclesiastical Causes to Ratifie and Confirm the same His Majesty was graciously pleased to Confirm and Ratifie them by his Letters Patents straightly commanding and requiring all his loving Subjects diligently to observe execute and keep the same c. And here I shall put an end to my first kind of Proofs in Defence of that Authority which I have ascribed to our Kings over the Convocations of the Clergy of the Church and Realm of England I proceed in the next place more fully to confirm this Authority to be agreeable to the Doctrine of our Church from the Testimony 's of our most learned Divines who have written upon this Subject from the beginning of the Reformation to our Own times II. It has been the Endeavour of some of late who would be thought still to retain a good Affection to the Reform'd Religion nevertheless to cast the worst Aspersions they are able upon those who were the chief Instruments of God's Providence in the Reformation of it What their design in this their Procedure is or how upon the Principles now set on Foot to justifie what was heretofore done among us as to this Matter or indeed without a Miracle ever to have had any thing at all done in it I cannot tell It being certain that such a Convocation as they now seem alone to allow of as Canonical would never have departed from the Way that they were in or have endured any Proposals tending to such a Change as was otherwise happily made among Us. But however since such is their Prejudice both against the Opinions and Actions of our first Reformers I will so far comply with their unreasonable Humours as to pass lightly over those Times of Church Servitude as well as Church Reformation and come to such Authorities as I suppose they will not have the Confidence to except against To pass by then the Opinion of the Convocation which about 3 Years after the Submission made to King Henry the VIII set out the first Doctrinal Treatise that led the Way to the Discovery and Renuntiation of the Popish Errors What shall we say to the Publick Declaration made by King Henry himself against the Council of Mantua and in which He cannot be supposed to have Spoken any thing but what he thought carry'd its Own Evidence along with it In times past says He All Councils were appointed by the Authority Consent and Commandment of the Emperours Kings and Princes Why now taketh the Bishop of Rome this upon him Wherefore we think it best that every Prince call a Council Provincial and every Prince to Redress his Own Realm And this he Spake not of his own Head but with the Advice of his Bishops and
Chief unto Kings For otherwise One Man would be Commended for Anothers Care and Taxed for Anothers Negligence which is not God's way The Power to Call and Dissolve Councils both National and Provincial is the true Right of all Christian Kings within their Own Realms and Territories And when in the first Times of Christ's Church Prelates used this Power 't was therefore only because in those days they had no Christian Kings And again in the VIIIth Canon they oblige all Preachers positively and plainly to Preach and Instruct the People in their Publick Sermons twice in the Year at least That they ought Willingly to Submit themselves unto the Authority and Government of the Church as it is now Establish'd under the King's Majesty It is therefore as plain as any thing can well be that this Convocation undoubtedly approved of ALL the Laws even this of the Submission of the Clergy made for the Security of the King's Authority over the State Ecclesiastical that they look'd upon the Government of the Church to belong in Chief unto Kings That they accounted the Power of Calling and Dissolving Synods to be the true Right of All Christian Princes and that the Bishops have only then a Power to do this when the Church is in a State of Persecution and the Necessities of it enforce them thereunto And by Consequence that they themselves not only met and acted under the Powers I have formerly shewn because they were forced so to do but Approved of the Vse which the King made of them and were satisfied that in Meeting and Acting according thereunto they behaved themselves so as became Christian Bishops and Clergy-Men to do under the Favour and Authority of a Christian King I shall observe only this one thing farther to prevent any new Cavils in this particular that we are assured by Him who best knew it Archbishop Laud himself that these Canons were pass'd with the greatest Freedom and Vnanimity that ever any Canons were So that upon that account also we may the more undoubtedly look upon them as delivering the Real Sense of the Church of England in those days To the Judgment of this Archbishop and the Convocation held by him let me subjoin that of an Eminent Bishop in our Neighbour Country the Learned Bramhall afterwards Archbishop of Ardmagh and Primate of All Ireland In his Survey of the Scotch Discipline among other Exceptions which he takes at it we have these to our purpose particularly insisted upon by him That they Affirm 1st That Ecclesiastical Persons have the sole Power of Convening and Convocating Synods 2dly That no Persons Magistrates or Others have Power to Vote in their Synods but only Ecclesiastical 3dly That Synods have the Judgment of True and False Religion of Doctrine Heresy c. That they have Legis-lative Power to make Rules and Constitutions for keeping Good Order in the Kirk And all this without any Reclamation or Appellation to any Judge Civil or Ecclesiastical 4thly That they have these Privileges not from the Magistrate or People or Particular Laws of the Country but Immediately from God c. Lastly That they have all this Power not only without the Magistrate but against him that is tho' he Dissents c. So different a Notion had this great Writer of these Powers of the Kirk for which our Late Author so highly Applauds them and sets up their Discipline above our Own slavish Constitution But the Archbishop proceeds and against these Vsurpations of the Kirk lays down Chap. ii these Orthodox Church of England Principles That All Princes and States invested with Sovereign Power do justly challenge to themselves the Right of Convocating National Synods of their own Subjects and of Ratifying their Constitutions And that he is a Magistate of Straw that will suffer the Church to Convene Whensoever or Wheresoever they list To Convocate before them Whomsoever they please To change the Ecclesiastical Policy of a Common-Wealth To alter the Doctrine and Religion Establish'd and all this of their Own Heads by a Pretended Power given them from Heaven Synods ought to be Called by the Supreme Magistrate if he be a Christian And either by Himself or by such as he shall please to chuse for that purpose he ought to Preside over them This Power the Emperors of Old did challenge over General Councils Christian Monarchs in the Blindness of Popery over National Synods The Kings of England over their Great Councils of Old and their Convocations of latter Times But say they we give the Magistrate a Political Power to Convocate Synods to Preside in Synods to Ratify the Acts of Synods to Reform the Church Here are Good Words but they signify Nothing For in plain English what is this Political Power to call Synods c. It is a Duty which the Magistrate Owes to the Kirk when they think Necessary to have a Synod Convocated to strengthen their Summons by a Civil Sanction To secure them in Coming to the Synod and Returning from the Synod To compel obstinate Persons by Civil Laws and Punishments to submit to their Censures and Decrees What Gets the Magistrate by All this For they declare expresly that neither All the Power nor any Part of the Power which Synods have to Deliberate of or to define Ecclesiastical things doth flow from the Magistrate But can the Magistrate call the Synod to Account for any thing they do Can he Remedy the Errors of a Synod either in Doctrine or Discipline No This is one main branch of Popery and a Gross Encroachment upon the Right of the Magistrate And accordingly we find him charging the Papists with it in his Writings against them He maintains that All Ecclesiastical Coercive Jurisdiction did Originally flow from the Civil Magistrate He bids them Weigh all the Parts of Ecclesiastical Discipline and consider what One there is which Christian Emperours of Old did not either Exercise by themselves or by their Delegates Or did not Regulate by their Laws or Both. And then particularly Instances in the Points of Calling Councils Presiding in Councils Dissolving of Councils and Confirming Councils And Pag. 93. He insists upon it as One just Ground of our Separation from the Court of Rome that they endeavour'd to Rob the King of the fairest Flowers of his Crown namely of his Right to Convocate Synods and to Confirm Synods within his Own Dominions of his Legis-lative and judiciary Power in Ecclesiastical Causes c. To the Opinion of this learned Prelate were conformable the Sentiments of all the Other Bishops and Clergy of these Kingdoms as to these Matters Christian Emperours says Bishop Davenant heretofore Called Councils As in Civil Causes Princes advise with their Learned in the Law so in Theological Matters they ought to Consult with their Divines Yet are they not so tied up to the Opinions of their Clergy but that if They go contrary to the
obliged to acquaint him with her Desires Reasons Places Seasons and Necessaries of Convening To petition his Leave and Favour his Inspection Assistance and Succour to the Piety of her Designs To secure him of her Fidelity to all his Proper Honours and Interests That they will keep within Ecclesiastical Concerns and do all things Openly to the Glory of God and the Good of Souls in the Vnity Order and Purity of the Church preserved by the Rules of Catholick and Canonical Communion and this under the Guard and Watch of Temporal Powers Well but what if the Prince shall not approve of the Reasons that are offered to Him for their Assembling nor think either the Time Convenient or the Place Proper and shall thereupon refuse Them the Leave they Petition for What if He shall think their Designs not to be so Pious as they pretend but rather to have a great Allay of Humane Passion and Prejudice in them What if He shall differ with them in His Notion of what is his Proper Honour and Interest May he in such a Case forbid them to Meet May he Assign them some Other Time or Place Or Command them not to meddle with such Causes or Persons as he shall judge his Honour or Interest to be Concern'd in What if what they call Ecclesiastical Concerns should chance to have an Influence upon Civil Affairs And that instead of Preserving they shall Act so as to divide the Vnity of the Church May he by the Temporal Power which is still left to Him put a stop to their Proceedings or Annul their Acts or Receive and Appeal from their Sentences On the contrary He flatly tells us That all the Power of Calling Moderating at and Dissolving Synods of Confirming their Acts or Suspending their Sentences is Negative of those Liberties and Authorities of the Church which she once claim'd as of Divine Right and of which He before affirm'd that they were neither forfeited nor forfeitable And here then we have a plain Account of the Judgment of this Author in the Case before Us. I was willing the rather to put it together in this Place that so by comparing it with what is said in the following Collection the Reader may be the better enabled to judge who has acted more sincerely upon the Church of England's Principles I in Asserting the King's Supremacy as by Law Establish'd or He in his violent and impetuous Opposing of it Or if this shall not be thought enough to convince those who have been dissatisfied with my Undertaking how close I have kept to our Churches Doctrine let me then for a final Proof desire this Author in his next Attempt to satisfie the World in these 3 Points 1st Let him shew wherein I have ascribed any more or Greater Power to the Prince than our Laws have given Him and our Convocations and Clergy have either expresly or by a plain Consequence approved of and declared to be his Right 2dly Let him tell us Wherein the Opinion here advanced by Him differs from that of our Missionary Papists and Jesuits who have written against the Supremacy and against whom our Divines have so Learnedly maintain'd the King's Prerogative 3dly Let him inform Us Whether any Writers of the Church of England since the passing of this Convocation Act have ever made any such Exceptions as he has here done against it and charged it as Destructive of the Divine Rights and Powers of the Church And who those Writers are and in what Books they have done it This being done if it shall appear that in any thing I have run into an undue Extreme and by that means derogated from the Churches Authority I shall then be ready to comply with the Advice he has given Me and not only humble my self before God for the Wrongs I have done the Church but publickly make a Reparation of them But if upon the Enquiry it shall appear that I have affirm'd nothing but what the Law Establishes our Convocations have Agreed to and our most Eminent Clergy Men have constantly defended I must then be excused if I look upon my self to have done no more than in Duty I was bound to do and by Opposing whereof I take this Gentleman not only to have acted contrary to the Laws of the Land and the Articles and Canons of the Church but to have actually incurr'd an Excommunication for such his Offence Having said thus much with respect to the Subject of my late Treatise I shall add but little more concerning the Design which is here laid for the Answering of it As this Author has order'd the matter it is become absolutely Necessary for Him to Go on with it For having charged me with Violating the most important Truths of Principles and Histories having told the World that I have treated the Synods of the Church with Spite and Contumely and Recommended the Greatest Slavery of Her to the Appetite of the Civil Powers and every part of which Charge does I conceive Accuse Me of no small Crime the Weight of this Accusation must fall very Heavy either upon Him or Me and I look upon my self as concern'd to tell him that I do expect he should make it Good or Honestly own that he cannot do it Only for his own sake as well as mine and which is yet more for the Satisfaction of Those who shall think fit to Interest themselves in this Controversy some few things there are which I would here Recommend to him and they are such as in my Apprehension ought not to be thought at all Unreasonable by Him And 1st Since this Debate however managed must be likely to Run out into a considerable Length I would desire him not to Increase the necessary Bulk of it by alledging Passages out of the Antient Fathers to prove that which Neither of Us make any doubt of Thus p. 160. He produces the Authority of Athanasius to prove that the Nicene Fathers were not constrain'd by any force that was laid upon them to condemn Arius but did it freely and of their Own Accord Now this I allow to be very true but cannot help thinking it to be in our present Case very little to the Purpose And p. 162. He cites a much larger Proof out of Gregory Nazianzen the Appositeness of which to our Debate I cannot yet imagine unless it be that He thinks all Greek to be equally Pertinent to most Readers in which he is certainly in the Right 2dly I would intreat him not to insist upon any Testimonies of Antiquity which have been already alledged again and again by Harding and Stapleton by Saunders and Dorman and the Rest of our Popish Fugitives in their Treatises against the Oath of Supremacy and as often answer'd by Our Writers unless he shall think fit at the same time to take Notice of their Replys to them and shew that they do not destroy the force of His Allegations To what purpose for example does he bring
them p. 154 155. Nay and even the Persons that should come to them p. 207. And have Voices in them p. 208. 3. That they directed what should be handled in them p. 135. Managed their Debates p. 134. And forbad them to call in Question the Faith that had by former Synods been Establish'd p. 155 208. 4. That they judged of their Proceedings p. 135. And that in Matters of Doctrine p. 261. By the Common Rule of All Christians the Word of God p. 264 266 276. 5. That they Confirm'd the Councils Decrees See p. 242. And this not at all adventures but chose such of their Canons as they approv'd and passed them into Laws p. 139. 6. That as to their Sentences they Received Appeals from Councils p. 135 151 152. Suspended p. 154. And if they thought them too severe Released the Rigour of their Censures and Determinations p. 136. These are some of the Points which this Learned Man not only allows of but defends from the Examples of the Jewish Princes and Christian Emperors And I will be bold to say either his Treatise is altogether False and Scandalous contrary to the Rights of the Church and the Sense of the Antient Fathers or my Discourse after all that has been said against it must be Confessed to be True and Orthodox and agreeable to the Doctrine of the Church of England But because Bishops may be look'd upon as Suspicious Men let us see what those of an Inferior Order have written in this Case And for these I will take but One of a Kind Dean Nowell for the Dignitaries and the Venerable Mr. Hooker for the Rest of the Lower House As for Mr. Hooker the latter of these He was much too Young to have had any part in that Convocation in which our Articles of Religion were settled But Dr. Nowell was not only one of the most considerable Members of the Lower House at that time by his Own Dignity but chosen by the Clergy for their Prolocutor and so had the Chief Management of All that was done in it It was but Three Years after this that Mr. Dorman one of our Fugitive English Papists attacking the Queen's Supremacy as by Law Establish'd and then newly approv'd of by the Convocation this Learned Dean thought himself concern'd to undertake the Defence of it And indeed he has so well discharged his Part in it that I believe it will be very hard for our Modern Transcribers of their Arguments and Authorities to alledge any thing upon this Occasion that will not be found to have been fully answer'd before-hand in that Book His Treatise is expresly Referr'd to and approved of by Archbishop Whitgift in his Discourse upon this Subject and so may be look'd upon to deliver the Sense of that Great Archbishop as well as the Dean's Nor can it be reasonably doubted by Any but that it does deliver the Sense of the Whole Convocation and Clergy of the Church of England in this particular Let us see then how he States the Point between Us and his Adversary as to this matter and by what kind of Proofs he undertakes to Vindicate the One against the Other The matter in debate he thus accurately determines For. 23. We expresly divide the Offices of Christian and Godly Princes from the Offices of Bishops and Other Ministers of the Church under Them as distinct and divers Offices And we do teach that the Offices of Preaching of God's Word of the Pronouncing of Publick Prayer in the Church of Christ the Power of the Keys or of Binding and Loosing and of Ministring the Holy Sacraments are by the Word of God appointed to be the Peculiar Offices of Bishops and of other Ecclesiastical Ministers And we Teach and Preach even in Presence of Princes that neither Princes nor Any Other Persons saving only Bishops and other Ecclesiastical Ministers under them may intermeddle with the said Offices and Ministries Ecclesiastical so peculiarly and only appertaining to the said Bishops and Other Ministers of the Church P. 24. When we do speak of Causes Ecclesiastical wherein Christian Princes are the Chief Governors we mean not that Princes should Execute these Peculiar Offices of Priests as is also in the Queen's Majesty's Injunctions notified to all the Subjects of the Realm that will be disposed to understand the Truth without Cavillation But now touching the Authority of Princes to Oversee that the Bishops and Clergy do these their Offices diligently and truly according to the Rule of God's Word to Command them to do their Duty to Admonish them being therein slack to Reprehend them Offending Depose or Deprive them being Incorrigible This we say is the Office of a Chief Governor over the the said Persons Ecclesiastical which doth appertain to Christian Princes every One in their own Dominions Further besides the Office of Preaching and Ministring the Sacraments there are many other Orders Matters and Causes Ecclesiastical touching Ceremonies and the outward Regiment of the Church which may be term'd the Ecclesiastical Policy Page 25. There is also the Authority to Receive Appellations and finally to Determine Controversies arising amongst Persons Ecclesiastical To Summon and Call Bishops and other Ecclesiastical Persons as Men exercised in the Study of the Scriptures to Synods Convocations and Councils in Necessary Cases To Order Govern and Protect the said Bishops and Clergy being so call'd together and to Approve and Authorize things for the Outward Order Ecclesiastical and Policy determined in such Synods These be those Causes Ecclesiastical that we do speak of which do not pertain to Bishops and Priests only In these Cases and Causes Ecclesiastical the Authority of a Christian Prince is not only not excluded from intermedling with the Bishops and Clergy but the Prince's Authority is Chief therein Which Authority the Christian Prince exercising doth not Intermeddle with any Office belonging to Bishops and Priests only as the Adversaries of the Truth do falsly bear Men in hand but with their Own Offices by the Examples and Practice of all Antient Godly Princes as well in the Old Law as in Christian Religion proved of Right to them to Appertain And to Our Prince also by the Antient Laws and Statutes of the Realm as to the Learned in the said Laws is not Unknown of Right appertaining This is the Account which he gives of the Doctrin of the Church of England concerning the Authority of Christian Princes in Matters of Religion The Proofs he alledges are full and conclusive From the Examples of Constantine p. 208 to 223. Theodosius p. 227 to 238. The Council of Chalcedons p. 239 to 246. The Third Council of Constantinople p. 250 to 253. Justinian the Emperor p. 276 c. To Omit many other Particulars in the Vindication of which I am not so immediately concern'd And I will be bold to say there is nothing by me advanced in this Argument which has not been both more highly carried and more particularly explain'd
Guide the Consciences of such as should make Use of it I shall from him descend but to One more Whom I fitly place the last of his Order And to whose Judgment tho' I pay no more than it deserves yet I cannot but think it may have some weight with those whom I am now concern'd especially to Convince In his Discourse of Ecclesiastical Polity Chap. 1. he affirms The Affairs of Religion to be Subject to the Supreme Civil Power and to no Other p. 2. That as in the first Ages of the World the Kingly Power and Priestly Function were alway Vested in the same Persons So when they were separated in the Jewish State the Supremacy was annexed to the Civil Power and so continued until and after our Saviour's Death Ibid. This he more largely delivers p. 32. Tho' in the Jewish Commonwealth the Priestly Office was separated by a divine positive Command from the Kingly Power yet the Power and Jurisdiction of the Priest remain'd still subject to the Sovereign Prince Their King always Exercising a Supremacy Over All Persons and in All Causes Ecclesiastical The Power wherewith Christ invested the Governors of his Church in the Apostolical Age was purely Spiritual They had no Authority to inflict Temporal Punishments or to force Men to submit to their Canons Laws and Paenalties They only declared the Laws of God and denounced the Threatnings annexed to Them But when Christianity was become the Imperial Religion then began its Government to Re-settle where Nature had placed it and the Ecclesiastical Jurisdiction was annex'd to the Civil Power So that tho' the Exercise of the Ministerial Function still continued in the Persons that were thereunto Originally Commissioned by Our Saviour the Exercise of its Authority and Jurisdiction was Restored to the Imperial Diadem Constantine was no sooner settled in his Imperial Throne but he took the Settlement of All Ecclesiastical Matters into his Own Cognizance He Called Synods and Councils in Order to the Peace and Government of the Church He Ratified their Canons into Laws c. In the Exercise of which Jurisdiction he was carefully follow'd by all his Successors Nay he doubts not to affirm That had it not been for the Care of Christian Princes Christianity had in all humane Probability been utterly destroy'd by its Own Tumults and Seditions He adds That this Supremacy of the Civil Power in Religious Matters is expresly Asserted by Our Church which is not content barely to Affirm it but denounces the Sentence of Excommunication against All that deny it Thus stood this Author ' s Judgment in this Case about the Year 1669 It is true that being engaged against another sort of Adversaries and which led him to somewhat different Reflections we find him a little gone off from this Hypothesis in the Year 1681. Yet even there he is much more for the Supremacy than those we have now to do with He affirms indeed p. 105. That from the Precedent of the Apostles in the First Council of Jerusalem the Governours of the Church in all Ages enjoy'd a Power of making Canons and Constitutions for Discipline and Good Order But withal he adds that By the Example of the Primitive Church our Bishops submitted the Exercise thereof to the King 's Sovereign Authority as we see in that famous Act called The Submission of the Clergy Whereby says he p. 106. they do not pass away their Power of making Ecclesiastical Canons but only give Security to the Government that under that Pretence they would not attempt any thing tending to the Disturbance of the Kingdom or Injurious to the Prerogative of the Crown Which in truth is such a Submission as all the Clergy in the World ought in duty to make to their Sovereign at least in Gratitude for his Protection and that without any Abatement or Diminution of their Own Authority viz. The standing Laws of Christianity being secured to submit All Other Matters to his Sovereign Will and Pleasure And p. 108. He approves King James Reply to Cardinal Perron where he lets him know That tho' Christian Kings and Emperors never arrogated to themselves a Power of being Sovereign Judges in Matters and Controversies of Faith yet for Moderation of Synods for Determinations and Orders Establish'd in Councils and for the Discipline of the Church they have made a full and Good Vse of their Imperial Authority Such was the last Sense if I mistake not of this Writer and that when he was in his highest Exaltation of the Churches Authority And all the Difference I can find between his Own last and first Opinion is but this that what He before gave the Christian Prince as his Own due He now grants him by the Concession of the Clergy yet so as to declare the Clergy bound to yeild it to Him and to affirm the Churches Rights to be in no wise injured or impeach'd by it But I shall not insist any longer on this Authority but pass on to consider the Judgment of an Author or Two of a Lower Rank but whose Learning and Steddiness will much more recommend Them to all Sober and Indifferent Persons Of these the first I shall mention shall be our Excellent Dr. Falkner who in his Discourse of Christian Loyalty fully examines and determines the Case before Us. Concerning the Christian Doctrine and Profession says he tho' no Authority has any Right to Oppose any part of the Christian Truth yet Princes may and ought to take Care of the True Profession thereof in their Dominions and to Suppress such dangerous Errours as are manifestly contrary thereunto But in Cases of Difficulty for the deciding or ending of Controversies about Matters of Faith the Disquisition and Resolution of the Spiritual Guides ought to take Place and be Embraced In such Cases the Catholick Christian Emperours did by their Authority Establish the Decisions of the Oecumenical Councils But in Matters of Truth which are plain and manifest from the Holy Scriptures themselves or the Declarations of approved Councils agreeing therewith the Saecular Governour so far as is Necessary may proceed upon the Evidence thereof to his Own Understanding In establishing Rules and Constitutions for Order Decency and Peace it belongeth to the Ecclesiastical Officers to consult advise and take Care thereof But yet this with such Dependance upon the Royal Power as King Charles has declared that is That they first obtain the Kings leave to do it and execute nothing but with his Approbation See above § 28. In such an extraordinary Case as that in the Primitive Times was when the Civil Power will not own the Church the Ecclesiastical Governours by their Own Authority may establish necessary Rules of Order as was then done But since the External Sanction of such things doth flow from the general Nature of Power and Authority wheresoever the Temporal Power will take that Care of the Church which it ought it hath
a Right to give its Establishment to such Constitutions and the Ecclesiastical Officers as Subjects are bound to apply Themselves thereto for the Obtaining of it The calling of Councils so far as is needful for the Preservation of the Peace and Order of the Church may be perform'd as the former by Ecclesiastical Officers where the Civil disowneth the Church But this being no particular Exercise of the Power of the Keys but only of a general Authority doth peculiarly belong to the Prince or Supreme Governour if he will make use thereof The antient Right and Exercise of the Authority of Kings in Summoning Provincial or National Councils is sufficiently observed and asserted by P. de Marca But indeed he himself in his 5th Chapter abundantly Demonstrates both that and all the rest that is Contended for in the present Dispute And the Heads of which are such as these That the antient Emperours had Power to Call Councils p. 156 158 159 161 165 170 To be present at Them p. 157 160. And by Themselves or their Deputies to Preside in Them p. 162 167 170. To direct them what they should Consult about p. 157 163 170. To appoint the Time and Place of their Meeting p. 166 170. To keep the Bishops from leaving the Council till all should be Finish'd for which it was Called p. 163. To Confirm what they do aright p. 157 160 161 164 169 170. To Rescind what they do amiss p. 163. To Suspend their Acts from taking Effect till they should give way to it p. 165. These are the Instances which may be observed in that Chapter of the Jurisdiction and Authority which the antient Emperours Exercised over their Synods heretofore And by which we are to Expound as our Church has taught Us the Supremacy of our Own Princes in the like Cases I shall conclude what I have to observe from this Learned Writer with a Remark which I wish some Men would be perswaded a little more seriously to Consider p. 204. Some things which at first Sight may seem an Abatement of the Authority of the Church is rather such a way of Regulating the Exercise of its Power as under Religious Princes is for the Churches Advantage Of this Nature I conceive that Constitution of the 25 H. VIII that No new Canons shall be Enacted Promulged or Executed without the Royal Assent and Licence to Enact Promulge and Execute the same For hereby the Cergy give such Security to the King against all jealousies of Renew'd Ecclesiastical Usurpations that thereupon the Church may under the Kings Favour and with the Assurance of greater Safety and Protection practise upon its Establish'd Constitutions which are so Good that we have great Reason to bless God for them And hereupon it may also be hoped that what shall be farther needful may be Super-added by the Royal Licence and become more Effectual to its End by the Confirmation of that Authority There is yet One Author more who must not be pass'd by Our Learned and Accurate Dr. Barrow And a better than whom I could not have desired to close up this Collection withall In his Treatise of the Vnity of the Church a Discourse which would some Men more diligently Read and more judiciously Consider they would not talk so loosely as they do on that Subject He gives Us this Account of the State of the Church in the times Immediately after Christ. Each Church did Seperately Order its Own Affairs without Recourse to Others except for Charitable Advice or Relief in Cases of extraordinary Difficulty or urgent Need. Each Church was Endow'd with a perfect Liberty and a full Authority without Dependence or Subordination to Others to govern its Own Members to manage its Own Affiairs to Decide Controversies and Causes Incident among themselves without allowing Appeals or rendring Accounts to Others It is true that the Bishops of several Adjacent Churches did use to meet upon Emergencies to consult and conclude upon Expedients for attaining such Ends as they met for This probably they did at first in a Free Way without Rule according to Occasion as Prudence Suggested But afterwards by Confederation and Consent these Conventions were formed into Method and Regulated by certain Orders establish'd by Consent whence did arise an Ecclesiastical Unity of Government within certain Precincts Hence every Bishop or Pastor was conceived to have a double Relation or Capacity One towards his Own Flock another towards the Whole Flock Of Councils he thus delivers his Opinion General Councils are Extraordinary Arbitrary Prudential Means of restoring Truth Peace Order Discipline During a long time the Church wanted Them Afterwards had them but Rarely and since the Breach between the Oriental and Western Churches for many Centuries there hath been none The first General Councils indeed All were Congregated by Emperours their Congregation dependeth on the Permission and Pleasure of Secular Powers and in all Equity should do so And in his most Elaborate Treatise of the Popes Supremacy The most Just and Pious Emperours who did bear greatest Love to the Clergy did call them without Scruple It was deem'd their Right to do it none did Remonstrate against their Practise The same he shews of National and Provincial Councils p. 186 c. To these they Summon'd the Bishops in a Peremptory Manner and directed both the Time and Place of their Meeting The Popes petition'd them to Call Councils and sometimes they Prevailed and sometimes they did not This Power upon many just Accounts peculiarly doth belong to Princes It suiteth to the Dignity of their State It appertaineth to their Duty They are most Able to Discharge it They alone can well cause the Expences needful for holding Synods to be Exacted and Defray'd They alone can Protect Them can maintain Order and Peace in Them can procure Observance to their Determinations They alone have a Sword to Restrain Resty and Refractory Persons To oblige them to Convene to Conferr Peaceably to Agree to Observe what is Setled It inseperably doth belong to Sovereigns in the General Assemblies of their States to Preside and Moderate Affairs proposing what they Judge fit to be Consulted or Debated stopping what seemeth unfit to be moved keeping Proceedings within Order and Rule and steering them to a Good Issue Checking Disorders and Irregularities which the Distemper or Indiscretion of any Persons may create in Deliberations or Disputes This therefore he shews the Emperours to have done in all the first Synods The Word Presidency hath an Ambiguity It may be taken for a Priviledge of Praecedence or for Authority to Govern things This latter kind of Presidency was disposed of by the Emperour as he saw Reason The Power of Enacting and Dispensing with Ecclesiastical Laws touching Exteriour Discipline did of Old belong to the Emperour And it was Reasonable that it should By many Laws and Instances it appeareth that Appellations have
been made to the Emperours in the Greatest Causes So the Donatists did Appeal to Constantine Athanasius and the AEgyptian Bishops to the same Priscillianus to Maximus Idacius to Gratian. III. And here I shall put an End to these Collections It would have been a very easie Matter to have added many more Authors than I have here Alledged and to have much Enlarged upon those which I have Produced But what is already done may Suffice till those who now Advance the Contrary Opinion shall be able at least to make some Tolerable Proof that they do not forsake the Received Doctrine of our Church in Opposing an Authority by Law confessedly Establish'd And I think no less Confirm'd by our Articles and Canons too It remains now that I take the Liberty freely to APPEAL to every Sincere Member of Our Communion to Judge in this Case between Me and Those who so warmly Oppose me and so highly Charge me upon this Occasion And to consider what I have done with Relation to the Rights and Liberties of the Church of England for which I ought to Humble my selfe before God and to make a Satisfaction to Her Is it that I have Asserted the King's Authority over the Ecclesiastical Synods of this Church and Realm But so the Laws speak as well as I And to these both the Articles and Canons of the Church require me to Conform Nay they do more they Require me not only to Conform my self but to do what in me lies to move All Others to the Observance of them And if for this I must be Censured these Laws and Canons must run the same Fate with Me. And I shall always account it an Honour to Suffer for Asserting the Laws of the Realm and for maintaining the Doctrine and Constitutions of the Church of England Or is it that I have gone beyond the Bounds of the Law and given a Greater and more General Authority to the Christian Prince than either the Submission of the Clergy or the Act of King Henry the VIIIth founded thereupon have declared to belong to Him This for ought I know I may have done and yet not be Guilty of any Fault neither in the doing of it I have before said and do here again Repeat it with the same Assurance I at first delivered it That I do not found the Right of our Kings to this Jurisdiction either upon that or upon any Other Act that has been made in pursuance of it I fix it upon the Right of Sovereignty in General and upon that Antient Jurisdiction in Causes Ecclesiastical which the very Statute of Queen Elizabeth speaks of and allows to have been always of Right belonging to the Imperial Crown of this Realm To this our Laws themselves agree They speak still of Restoring to the Crown its Antient Rights and our Lawyers have accordingly constantly Affirm'd that these Acts and particularly that which we are here especially concern'd in the 1 Eliz. c. 1. was not Introductory of a New Law but Declaratory of the Old And therefore before I can justly be condemn'd upon this account my Proofs must be Answer'd and it must be shewn that what I ascribe to the King is not a parcel of that Jurisdiction which was once enjoy'd by the Kings and Princes of this Realm and did Always of Right belong to them And that I believe it will be no easie Matter to do 1st I affirm that it is the Right of every Christian King to Call his Clergy together in Convocation and that without his Call they cannot Regularly Assemble to any such purpose of themselves But so our Law expresly declares that the Convocation shall Evermore be Called by the King 's Writ And it is Notorious to Every One who has any Knowledge in these Matters how dangerous it would be for the Clergy to presume to come together without it 2dly I Assert that the very Persons who meet in Our Convocations are Determined and Empower'd by the King 's Writ and that none have a Right to Assemble but such as he Calls by it Let the Writs of Summons be Examined and let it there be seen whether the Case be not so as I pretend it to be Let this Author tell me if he can why such and such Dignitaries are required personally to come to the Convocation Others to send such a certain Number of Delegates to Represent them but that the Writ of Summons so Directs so Authorizes them to do And tho' I do not suppose it to be now in the King's Power to alter this Form yet the Sovereign Legislative Authority may without Controversy do it and appoint any Other Method of Framing the Lower House of Convocation that should appear to them to be more Proper and Expedient 3dly I declare that by Our Law the Convocation can deliberate on No Canons or Constitutions without first Obtaining the King's Licence so to do It is the express Resolution of the Act of Submission And our Convocations do accordingly notoriously Govern their Proceedings by it 4thly I add That heretofore the Christian Emperors prescribed to their Synods the very Method they should observe in handling the Matters which lay before them This indeed I affirm and I think I have proved it too And if to this End Our King should think fit either Himself to Come or to Appoint any Other to Preside in his Stead and Direct the Debates of our Synods as he should Command them to do I do not see that he would therein do any more than what some of the best Christian Princes have done before him 5thly I pretend that to the Civil Magistrate it belongs to Confirm or Annihilate such of the Acts of their Synods as they think fit Our Laws agree to it Our Kings claim it Our Convocations submit to and approve of it And let those who scruple this consider how low they sink the Authority of a Prince if they leave him not the Power which every ordinary Person claims of Judging for Himself but would oblige him at a venture to Confirm whatsoever the Lords of the Consistory shall please to Define 6thly That the Prince may Alter their Constitutions I no otherwise affirm than as I say it is in his Power to make Laws in Matters Ecclesiastical And that for the doing of this He may Advise with his Clergy and follow their Counsel so far as he approves of it Thus Charles the Emperor made up his Capitular And thus any Other Sovereign Prince may take the Canons of the Church and form them in such Wise into an Ecclesiastical Law as he thinks will be most for the Honour of God and the Good of his People 7thly In Cases of Appeals I shew what Power the Antient Emperors both Claim'd and Exercised And I modestly Vindicate to our Own Sovereign the same Authority which the Fathers of the Church without all Scruple allow'd to their Princes And except it be in such Cases where the King