the Prerogatives of Princes unless they misuse it and if they do as they go beyond their Commission so they deserve their punishment in this lâ—fe among the worst of Rebels and Traytors and are sure to have it in the next For as their Power is not only purely spiritual void of all temporal force and coercion so are they in the first place and above all things forbidden to use any violence or raise any disturbance against Government So that if any Prince think good to oppose them in the Execution of their Office and to punish them for so doing they are not to oppose him but only to sacrifice their lives in justification of their cause and submission to his will and for so doing they shall have their Reward But if they shall make use of any other Weapons whatsoever beside Prayers and Tears and Sufferings they then suffer deservedly as disturbers of the publick Peace And so much the more in that they have been so expresly forewarned by our Saviour that whosoever shall draw the Sword in his cause shall be sure to perish by it And as upon this principle he founded his Church so upon it his Apostles built it when in pure obedience to his command they preached the Gospel all the World over And if any Prince were pleased to countermand them they did not plead any exemption from the Government much less did they Libel it but only represented the Innocence and Justice of their Cause and if he were not satisfied declared their readiness to submit to his pleasure and the penalty of the Law And in this they enjoyed no other exemption from the Prerogative of Princes than what is or ought to be chalenged by every private Christian who is indispensably bound to make profession of his Christian Faith and if the Laws of his Country so require to seal it with his Blood This was the constitution of the Church and the practice of it in its first profession and is the constitution of the Church of England in its Reformation For whereas a foreign Italian Bishop had for a long time usurped wel-nigh all both secular and spiritual Power into his own hands and by an exorbitant abuse of it had enslaved the Prince and empoverished the people only to enrich himself and his own Courtiers they that were concern'd after long patience and much provocation at last resolved upon what motives concerns not us to resume their Rights The King that Power which was exercised by the Kings of Judah of old and by Christian Kings and Emperours in the primitive Church And the Bishops that Power wherewith they were as immediately entrusted by virtue of our Saviours general commission to the Apostolical Order as any other foreign Bishop or Bishops within their respective Diocesses whatsoever And to prevent all jealousie in the Prince lest they should play him the same game that his Holiness had done who in ordinc ad spiritualia had finely stript him of almost all his Temporal Jurisdiction by excepting all Ecclesiastical both Persons and Causes from his cognizance They therefore freelv declare him Supreme Governour first Over all Persons so that no Ecclesiastical Subject might as formerly appeal from his Tribunal And in all Causes so that every Subject whatsoever was bound to submit to his Decrees and Determinations so far forth as either to obey his Laws as long as he own'd and protected true Christianity as the Christian Bishops of old did to the Christian Emperours Or if he opposed it chearfully and peaceably to submit to their Penalties as they did to the Roman Persecutors And whereas from the Precedent of the Apostles in the first Council at Jerusalem the Governours of the Church in all Ages enjoyed a power of making Canons and Constitutions for Discipline and good Order yet by the example of the Primitive Church they submitted the exercise thereof to his sovereign Authority protesting in verbo sacerdotis as it is stated in that famous Act called The Submission of the Clergy That they will never from henceforth presume to attempt alledg claim or put in ure enact promulge or execute any new Canons Constitutions Ordinances provincial or other or by whatsoever other name they shall be call'd in the Convocation unless the King 's most royal Assent and License may to them be had to make promulge and execute the same and that his Majesty do give his Royal Assent and Authority in that behalf Whereby 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 Whereby as they would bring no damage to the Church in that this power is exercised meerly in matters of Order and Discipline if the Prince did not approve of their Constitutions it would be no difficult thing to provide for Decency some other way so they would bring great security to the State when the Prince was assured that under that pretence they would not as the Roman Clergy had done distuâ—b or undermine his Authority And as they parted not with their Spiritual Legiâ—lative Power so not with any other Power proper to their Function as the Power of preaching the Christian Religion administring the holy Sacraments and conferring holy Orders Neither did any Prince in the least ever claim or exercise any of them And because the Romanists in the beginning of the Reign of Queen Elizabeth made a mighty noise with this Objection as if by virtue of her Supremacy her Majesty had challenged a Spiritual or Ministerial Power in the Church the Queen has with great indignation disown'd any such Power and defied the Calumny And yet when she had made her disclaimour of any Spiritual Power in the Church she parted not with her Royal Supremacy over those that had it as we are particularly instructed by our Church in her 37th Article Where we attribute to the Queens 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 the Sacraments the which things the Injunctions lately 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 Scriptures by God himself that is that they should rule all Estates and Degrees committed to their Charge by God whether they be Ecclesiastical or Temporal and restrain with the civil Sword the stubborn and evil doers And lastly to mention
superiority of order is made equivalent to a superiority of power for that from the time of our Saviours Resurrection is granted them by our Adversaries though it is denied their Successours Thus we enlarge or abate or evacuate that Commission that God himself has given them at our own meer will and pleasure If it be convenient for our cause to assert in one place that they were vested with no superiority of Power they shall be put off with an empty superiority of order separated from power If in another that Assertion seem not so convenient to our purpose they shall be presently advanced to an absolute supremacy over the other Pastors of the Church but then that must last only during their lives and as for their Successours we are pleased to degrade them from the Apostolical both Order and Authority and allow them nothing but an empty degree of I know not what but to say no more of the difference between Order and Degree As for the distinction between Order and Jurisdiction though in one place I affirm that the Apostles were a distinct Order from the other Clergy without any superiority of Jurisdiction yet in another if my cause require it there shall be but one order in the Christian Clergy and no difference but what is made by Jurisdiction and the Bishops themselves shall be equal to Presbyters in order by Divine Right and only superiour in jurisdiction by Ecclesiastical Constitution For so I read that for our better understanding of this we must consider a twofold power belonging to Church-Officers a Power of Order and a Power of Jurisdiction for in every Presbyter there are some things inseparably joyned to his Function and belonging to every one in his personal capacity both in actu primo and in actu secundo both as to the right and power to do it and the exercise and execution of that power such are preaching the Word visiting the Sick administring Sacraments c. but there are other things which every Presbyter has an aptitude and a Jus to in actu primo but the limitation and exercise of that Power does belong to the Church in common and belongs not to any one personally but by a further power of choice or delegation to it such is the power of visiting Churches taking care that particular Pastors discharge their duty such is the power of Ordination and Church-Censures and making Rules for Decency in the Church This is that we call the power of Jurisdiction Now this latter power though it belongs habitually and in actu primo to every Presbyter yet being about matters of publick and common concernment some further Authority in a Church constituted is necessary besides the power of Order and when this power either by consent of the Pastors of the Church or by the appointment of a Christian Magistrate or both is devolved to some particular Persons though quoad aptitudinem the power remain in every Presbyter yet quoad executionem it belongs to those who are so appointed Whatever truth there is in this the Assertion is plain that our Saviour appointed but one order in the Clergy and that the difference which has since been made by the consent of the Church consists in nothing else but Jurisdiction And this is very consistent with the former Assertion that there was no difference between the Apostles and the LXX beside distinction of order when now there is no more by divine appointment than one order in the Church And yet after all this their fluttering between Order and Power Degree and Order Power of Order and Power of Jurisdiction all superiority of Order so much as it is is so much superiority of Power Thus to take their own Instance of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at Athens the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the President of the Assembly was so far superiour over his Colleagues in Power as he was in Order For whatsoever was peculiar to his Office gave him some more advantage in the Government of the Common-wealth than they had for the very power of calling and adjourning Assemblies presiding and moderating in them is no small degree of Power in a Republican Government But seeing the difference between a superiority of Order and Power is thought to be made out best by these parallel Instances of Commonwealths let us run the parallel with the Apostles and the LXX for if to be superiour only in Order is to be President in an Assembly or Prolocutor in a Convocation and if this were all the Office peculiar to the Apostles then when our Saviour appointed seventy Disciples and twelve Apostles he made twelve Prolocutors over a Convocation of seventy Seeing therefore that is too great a number of Speakers for so small an Assembly it is manifest that when he separated them for a distinct Office he intended something more by an Apostle than meerly a Chairman in a Presbytery and whatever it is it is either an higher power than others had or it is nothing at all Secondly This Succession is not so evident and convinced in all places as it ought to be to demonstrate the thing intended For it is not enough to shew a List of some Persons in the great Churches of Jerusalem Antioch Rome and Alexandria but it should be produced at Philippi Corinth and Caesarea c. This I perceive to be our Adversaries darling Objection being the only matter made use of to shift off several heads of Argument This was the proof of the defect of the Testimony of Antiquity as to places and is now here the only evidence of its ambiguity and by and by will be called in as the only instance of its Repugnancy But certainly their fondness to it is not grounded upon any great vertue that they see in it but they are only forced for want of more material Arguments to lay a mighty stress upon such poor pretences as in any other dispute they would be a shamed to own For first supposing the Succession cannot be shewn in all Churches is that any proof against the Succession that can And suppose I cannot produce a List of Bishops at Philippi Corinth and Caesarea shall I thence conclude against the Succession though I have very good History for it at Jerusalem Antioch Rome and Alexandria This is such an Inference as rather shews a mans good will to his Opinion than his Understanding But I have already proved that it is highly reasonable to conclude the customs of those Churches that are not known from those that are and apparently absurd to question the Records of those that are preserved for the uncertainty of those that are not But secondly What though we do not find in all Churches an accurate Catalogue of the succession of all Bishops do we find any Instance in any one ancient Church of any other form of Goverment If we can that were something to the Argument but that is not pretended in the Exception But otherwise because the exact
so expresly derived down by single Persons and when the truth of the Apostolical Doctrine is vouched by the certainty of this Succession it is a very cold answer to tell us that the Fathers talk only of a succession of Doctrines and not of Persons Fourthly This Personal Succession so much spoken of is sometimes attributed to Presbyters even after the distinction came in use between Bishops and them I pray by whom Why by Irenaeus But does Irenaeus when he speaks of the Bishops and Presbyters of his own time confound their names and offices or any other Author of the same Age Nay do they not carefully distinguish them from each other though when they speak of things as done in the Apostles times they may speak in the language of those times The names therefore of Bishop and Presbyter being not then distinguished it was but proper for them to express things as they were then expressed So that though Irenaeus never would stile a Bishop of his own time by the name of Presbyter but ever carefully distinguished the two Orders yet when he speaks of the Bishops of the first time it is neither wonder nor impropriety if he call them Presbyters for I will yield so far to our Adversaries that they were so called till the death of the Apostles and then succeeding into their Power it was but fit that they should be distinguished by some proper name from the inferiour Clergy And there lies the root of all our Adversaries pretences that they will have the Office of a Bishop to have been born at the same time with the distinction of the Name Which if we will not grant them as without a manifest affront to the Apostles we cannot their whole Cause sinks to nothing For that is the only proof alledged in behalf of the sententia Hieronymi that the Offices were not distinguisht before the names But of that in its due place already at present I challenge them to produce any one Author that treating of things after the separation of the words was made ever calls a Bishop a Presbyter or a Presbyter a Bishop And in that I am very much their friend for if they can it utterly overthrows their main Argument that Bishops and Presbyters were the same in the Apostles times from the promiscuous use of their names in that we find them promiscuously used after the distinction But that by the word Presbyteri Irenaeus does not mean a simple Presbyter is plain from the words themselves in which he prescribes against the novelties of the Hereticks by the undoubted antiquity of the Churches Tradition which he says was conveyed by the Apostles themselves to the Ancients who succeeded them in their Episcopacy so that by his Presbyteri he means as he explains himself such of the Ancients qui Episcopatus successionem habent ab Apostolis i. e. the Ancient Bishops This is all that I meet with material upon this Head for when they go about to prove by the Authority of Ignatius himself that Episcopacy is not a Divine but an Ecclesiastical Constitution they are to be given up for pleasant men that will attempt any Paradox in pursuit of the Cause And it exceeds even the rashness of Blondel himself who that as he speaks his St. Jerom might not stand alone like a Sparrow upon the house top has after his rate of inferring fetched in all the Fathers to bear him company except only Ignatius whom it seems he despaired of making ever to chirp pro sententiâ Hieronymi but now it seems at last that the holy Martyr himself might not be made the solitary Sparrow by being deserted by all the Fathers he is brought over to the Party but with such manifest force to himself as plainly shews him to be no Volunteer in the Cause Thus when he commends the Deacon Sotion for being subject to the Bishop ut gratiae Dei and to the Presbytery ut legi Jesu Christi By the Law of Jesus Christ we are taught to understand divine Institution but by the grace of God only humane Prudence though that too was directed to it by the special favour or Providence of God as the only means of preserving peace and unity in the Church Be it so the grace of God no doubt is as firm a ground of Divine Institution as the Law of Christ so that if Episcopacy was established by Gods special favour we are as well content with it as if it had come by the Grace of Christ. Neither does this Interpretation derogate any thing from the Episcopal Order but very much from our blessed Saviours Wisdom viz. that when he had established Presbyteries in his Church for the Government of it that establishment was found so ineffectual for its end that Almighty God was afterward constrained for preventing of Schisms and preserving of Unity in the Church in a special manner to inspire the Governours of it in after-ages to set up the Form of Episcopal Government And yet that was no less disparagement to himself than his Son for seeing what our Saviour did in the establishment of his Church he did by the Counsel of his Father if its Institution proved defective for its end it was an equal over-sight of both and the After-game of Episcopacy was only to supply a defect that they did not fore-see but were taught by Experience A very honourable representation this of the Wisdom of the Divine Providence However take it which way we will we cannot desire a plainer acknowledgment of Divine Institution for so it come from God it matters not which way he was pleased to convey it to us And now have we not reason to wonder when we see men attempt to bring this holy Martyr off with such slights so expresly against his own declared Opinion who every where grounds his Exhortation of Obedience to the Bishop upon the command of God and adds even in the words following the forecited passage 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And yet not to him but to the Father of our Lord Jesus Christ Christ who is the Bishop of us all and therefore for the honour of him that requires it it is our bounden duty to be obedient without hypocrisie What can be plainer than that the power of the Bishop stands wholly upon the command of God So again in the Epistle to the Ephesians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let us take care not to oppose the Bishop as we would be obedient to God and if any man observe the silence of his Bishop let him reverence him so much the more For every one that the Master of the Family puts into the Stewardship we ought to receive him as the Master himself and therefore it is manifest that we ought to reverence the Bishop as we would our Lord. And therefore it is a great over-sight to affirm that there is not one Testimony in all Ignatius Epistles that proves the least semblance of an Institution of Christ for Episcopacy when
setling of Church-Government but July 9. that nine of the Laity and three or the Clergy in every Diocess should have power to exercise all Ecclesiastical Jurisdiction as shall be ordered by Parliament and to have their monthly meetings for that purpose that five of the Commissioners shall be a Quorum and have full power to try all Ecclesiastical Causes and to appoint Deputies under them in several places and that if any of the nine Commissioners should die or resign that five or more of them are to chuse another presently Thus far they proceeded under the Government of Midsummer-Moon but about the beginning of the Dog-days they vote that no Clergy-man shall be of the Commission and that the Committee shall be empowered to appoint five of the Clergy in every County under them to grant Ordinations Now all these Proceedings as ridiculous as they are and destructive of the very Being of a Church yet had the King joyned with his Parliament had upon this Principle been justifiable And so it will be in their power to vote up and down what Orders and Offices in the Church they please to day Episcopacy to morrow Presbytery next day Independency then a Committee and that of Lay-men too and if they please at last to abolish all Orders of the Clergy in that there are none by this Principle established by Divine Right these are excellent models of Church-Government and admirable methods of providing for the peace and settlement of it But if this trust be vested in the People beside that this too would require some proof out of the Word of God before it be granted and that it is liable to all the former inconveniences in that the putting the power of the Church into their hands makes the peace and settlement of it to depend upon the most giddy most ignorant and most uncertain thing in the world Besides all this I say this is so far from destroying any divine and unalterable Form of Church-Government that it sets up the Socinian model of Independency for F. Socinus was the first founder of it by Divine Right In that according to it all Societies of Christians are by our Saviour entrusted with a Power within themselves of electing of Church-Officers and governing Church-Affairs as they shall judge most conducible to Peace Order and Tranquillity which is the exact model of Independent Government Now this model if they will own it is not the Church of England that they plead for but Independency and if it is that they assert let them say so and not carry on the Cause of the Congregational Churches under the name of the Church of England but if they disavow it as they all do I shall only challenge them how to avoid it But to conclude this Argument in this one Principle do all the Enemies of the Church lay their ground-work that there is no known and setled Seat of Ecclesiastical Power and therefore that whoever happens to have its present possession seeing he never received it by any Commission from our Saviour he may without any offence against the standing Laws of Christianity be deposed from it The inconvenience whereof is so great that it seems to me a very forcible Argument from the nature and necessity of the thing it self for some certain divine establishment of Church-Government in that without it it is plainly impossible either to secure any peace or exercise any Authority in the Church because whoever obtains it has it not from any divine Commission and if no Commission then no Authority However I cannot but admire that those learned men who take away the divine right of some particular Form of Church-Government have not all this while been aware that they run us into all the exorbitancies and confusions of Independency in that when they have once removed the settlement by Divine Right they leave it do what they can entirely in the Peoples power to set up their own Form of Government Seeing then that unless the Christian Church be subject to Government it can be no more than a Rabble and a Riot Seeing unless the Government thereof be vested in some certain Order of men it must be for ever obnoxious to unavoidable disorders and confusions and seeing it was with particular care setled by our Saviour on his Apostles and conveyed by the Apostles to the Christian Bishops as their proper Successours I cannot see how the Divine and Apostolical Right of Episcopacy if the providence of God had designed to make it unquestionable could have been made more evident either from Common Reason or Catholick Tradition But secondly As the taking away of the divine and perpetual Right of Episcopacy does on one hand open a door for Independency so it does on the other for Popery For next to rescuing the Kings of England from the Usurpation of the Popes of Rome upon their Crowns under the pretence of an oblique or direct Supremacy over them and the reforming of many Superstitions both in Worship and Doctrine the main design of our endeavoured Reformation was to assert and retrieve the Rights of the Episcopal Order against his illegal encroachments For whereas the Original Government of the Catholick Church was vested in the Apostolical Order whereby as every Bishop had supreme ordinary Power within his own Diocess so a general Council of Bishops had supreme Power over the Universal Church So that whatever priviledges or preheminences were granted to the Bishops of particular Churches by Ecclefiastical Constitution yet their essential Power was equal and could no way exert it self as to the Catholick Church but in Council and so the Church was governed for many hundred years till the Bishop of Rome taking advantage of those peculiar priviledges and preheminences that were granted to his See as the seat of the Empire did by degrees assume to himself an absolute Sovereignty over all the Pastors of the Universal Church transferring all Ecclesiastical Government to the Court of Rome where it was managed by himself and his Officers with all the arts of Tyranny and Oppression And here first began the breach our reforming Bishops at first not disputing the preheminence of his See because that concerned not them which he had for a long time enjoyed in most other parts of the Western world and perhaps might still have done would he have been contented with it But alas they were no more fond even of the Title of Patriarch as great as it was than they are of their mock Title of Servus servorum Domini Nothing less would satiate their ambition than a sole and absolute Sovereignty over all and to this purpose they impudently applied all those promises that our Saviour made to his Apostles and their Successors of being for ever present with and assistant to them in the exercise of their Office to the Popes Person and they having once assumed this Power resolved to keep it and for many Ages reigned absolute Monarchs over the Christian World And here I say
no more whereas the witty and learned Cardinal Perron run upon the same mistake and it is a mistake that they all wilfully run upon King James in his Reply le ts him know that though Christian Kings and Emperours 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 establisht in Councils and for discipline of the Church they have made a good and full use of their Imperial Authority And that for this very good reason that very much concerns all Princes that they might see and judg whether any thing were done to the prejudice of their Power or the disturbance of the Commonwealth And much more to the same purpose And therefore for further satisfaction I shall refer the Reader to the excellent Discourse it self It is enough that I have given a plain and easie account of the distinct powers of Church and State and shewn that whoever denies the distinction disowns Christianity that our Saviour has vested his Church with a Power peculiar to it self that the Church has in all Ages exercised it that the Christian Emperours never denied it and lastly that the Church of England and the Reformed Princes thereof have remarkably own'd it But Thirdly Constantine and his Successors took upon them the Title of Pontifex Maximus to which according to the Constitution of the Roman Empire appertain'd the supreme Ecclesiastical Jurisdâ—ction By virtue of which Authority they granted to the Church among other Priviledges this power of Excommunication in the same manner as Claudius and other Heathen Emperours gave leave both to Jews and Christians to govern themselves by their own Laws and Customs And though the Emperour Gratian refused to wear the Pontifical Habit as a piece of Pagan Superstition yet it no where appears that he refused the Dignity it self And this Discourse our Author prosecutes with much Zeal and Learning But what do these men make of the Christian Church or rather of Christ himself that he should make no other provision for its Government than to leave it wholly to the superintendency of Heathen Priests This is such a wild conceit in it self that I must confess I could never have imagin'd any learned man could ever have made use of it against the Constitution of the Christian Church And yet this learned Gentleman is not only serious but vehement and confident in it he urges it over and over and though he repeats every thing that he says so that indeed one half of his Discourse is nothing but a Repetition of the other yet here he doubles his Repetitions and every where lays this Principle as the foundation of the practice of all After times But can any man believe that Constantine the Great took upon him the power of Government in the Christian Church if he really believed in Christ himself by virtue of a Power derived from the Usurpation of Julius Caesar Or that he could imagine that the Heathenish Priestly Power belong'd to him after his owning Christianity when by that the whole frame of the old Roman Religion was declared to be Idolatrous so that the Roman High Priest was nothing better than the supreme Head of Idolatry An Honour certainly which no Christian Emperour would be very fond of astuming to himself Julian indeed challenged both the Title and the Dignity as the greatest Ornament of his Imperial Crown but the Reason was because he was so vainly fond of the Pagan Religon But how any man of common sense that had renounced Paganism should yet own himself High Priest by virtue of that Religion that he had renounced seems too great a Contradiction for any man of common sense to believe But what if they accepted of the Title as our Author very well knows they did of Divinity it self or rather what if it were customarily given to them by others For I met with no other Monuments of it but some old Complemental Inscriptions so that it being a customary Title of Honour it might easily for a time pass in the crowd of the other Imperial Titles For it seems it continued not long being rejected by Gratian who lived about fifty Years after the Conversion of Constantine And though our learned Author affirms that the pious Emperour only refused the Vestment but not the Dignity it is very obvious to any man of much less understanding than himself that the Emperour could have no reason to refuse one but for the sake of the other for the Case is plain that there was no superstition in the Vestment but only upon the account of the Office and for that reason there was little if any use of the Title afterwards But lastly the Power of Judicature was first granted to the Bishops by the favour of the Christian Emperours and especially by an Edict of Constantine the Great whereby he grants the Bishops a full Power of hearing and determining all causes Civil as well as Ecclesiastical and withal declares their Decrees to be more firm and binding than the sentence of any other Judicature and from this great indulgence of the Emperour it is not to be doubted but that among other forensique penalties they made use of Excommunication Of the inference I shall give an account by and by but as for the Edict it self if it could do any service to our Authors design it at last proves supposititious as is fully proved by Gothofred in his excellent Edition of the Theodosian Code his reasons are too many to be here recited I will give but one for all viz. That this Law is contrary to all the Laws of the Roman Empire for though several Emperours do in their several Novels give the Bishops Power to decide causes by way of Arbitration or the consent of both parties which Power they enlarged or contracted as they pleased and to this all the other precedents produced by our Author relate yet that one party should have liberty of appeal from the civil Court at any time before judgment given without the consent of his Adversary is such a wild and extravagant priviledg as is inconsistent with all the rules of the Imperial Law And yet that is the only design of that Edict Quicunque itaque litem habens sive possessor sive petitor erit inter initia litis vel decursis temporum curriculis sive cum negotium peroratur sive cum jam coeperit promi sententia judicium eligit sacro-sanctae legis Antistitis ilico sine aliqua dubitatione etiamsi alia pars refragatur ad Episcopum cum sermone litigantium dirigatur Which I say is such an absurd liberty as would utterly destroy all the Power of the civil Magistrate if the humour or perversness of any man could so easily baulk their sentence But beside the absurdity of the Law it self there is no such Edict extant in the Justinian Code nor any mention of it in any ancient Writers of Ecclesiastical History For as for
that passage of Sozomen l. 1. c. 9. in which some learned men fancy they find some footsteps of this Law it is quite to the other purpose that I but now mentioned viz. the Bishops Power of determining causes by the mutual consent of Parties When this Edict was forged and by whom it is uncertain but it is probably conjectur'd by Gothofred from the Barbarity of its stile and great likeness of it to that of Constantines Donation to have been forged in the same Shop and by the same hand But if this Edict were as true as the rest are which give Bishops Power to sentence causes praeeunte vinculo compromissi yet where do we find any Edict for enabling them to enforce their decrees by Excommunication Not one syllable of that in all the Roman Laws but on the contrary the Civil Magistrates and their Officers are commanded to put the Bishops Sentence in execution Is it not then a very forced way of Arguing that because the Roman Emperours granted the Christian Bishops some jurisdiction they must of necessity have granted them the Power of Excommunication though there is no such Edict extant in all their Laws They conferr'd many Priviledges upon the Clergy in the Titles De Episcopis Ecclesiâ—s Clericis de Religione yet there is nothing in both the Codes and all the Novels to vest them with any power of Excommunication and therefore as those other they enjoyed by the Emperours favour not by any antecedent Right so seeing they exercised this Power and that not by vertue of any Imperial grant it is evident that they received their Authority from some other hand So that to conclude there cannot be a more pregnant Argument against our Author's opinion than the body of the Imperial Law in which there is not one Instance recorded that ever any Emperour pretended to this Power himself or granted it to his Bishops for from thence it unavoidably follows that if they had it at all they had it from some other Commission And thus am I come to the conclusion of this Argument for though there are many Precedents of latter Times yet I am not concern'd to justifie what was done by Huns Goths and Vandals whose practices were the meer effects of Ignorance and Barbarity and oblige us rather to pity than to follow their Examples PART II. HAving hitherto treated with the false Pretenders to the Church of England I come now in the last place to treat more amicably with some of its mistaken Friends and they are those that own a Government in it but without Governours allowing indeed that there ought to be some sort of Government establish'd in the Church but then they deny any particular Form of it to have been settled by Divine Right or Apostolical Constitution and leave it wholly to the choice and determination of Humane Authority So that though the Church of England happen to be at present govern'd by Bishops and though upon that account we may owe duty and subjection to them as our lawful Superiours yet they are not set over us by any Divine Commission but purely by his Majestie 's good Will and Pleasure who at his Restitution to his Kingdoms might have forborn to restore the then Abolish'd Order of Bishops and instead of that have establish'd some other Form of Government that he judged most suitable to the present state of things which if he had done that then had been the Church of England Now the Birth of this Opinion seems to have happened on this manner Mr. Calvin having founded his Geneva Platform upon Divine Institution as he particularly does in the Fourth Book of his Institutions Chap. 11. though some men that are more his Disciples than they are willing to own are pleased to deny it And in pursuance of this Decree Beza and all the other first Apostles of his Church having spent all their pains in endeavouring to make it good out of the Word of God the learned men that came after them both in the French and Dutch Churches because they must needs go beyond those that went before them proceeded to advance the Argument from Scripture to Antiquity and have with infinite industry sifted all the Writings of the Ancients to prove that there was no other Form of Government in the Church but by Presbyters in the first Ages of it next and immediately after the Apostles The chief Labourers in which Cause among many other less learned were Blondel Salmasius and Dallé who spent the greatest part both of their Life and Learning upon this Argument But they proceeding for the most part in a sceptical and destructive way not so much relying upon the Testimony as impairing the credit of Antiquity which it seems they supposed the best way to maintain their Argument this soon gave occasion to some Learned men conversant in their Writings to conclude against all pretences to the Divine or Apostolical Institution of any unalterable and perpetual Form of Church-Government whatsoever and so to think of allaying those Controversies about a Jus Divinum that had been lately and still were managed among us with so much heat and noise by leaving it as they say our Saviour and his Apostles did to the prudence of every particular Church to agree upon its own Form as it judgeth most conducing to the end of Government in that particular Church This is the state of the Question as they determine it and the Opinion is grown popular and plausible in great Vogue both among the Learned and Unlearned and is almost become the Rule and Standard of all our Ecclesiastical Polity In so much that there are many worthy Gentlemen as any one may observe in his ordinary Conversation that were stout and loyal Confessors to the Church of England under its Sufferings that at this time look upon it as an Arbitrary and indifferent thing And therefore in pursuance of my design in behalf of the Church of England I am obliged to examine the reasons and Principles upon which it is founded and to shew that it is so far from tending to the Peace of an Establish'd Church that it is destructive to the Being and Settlement of all the Christian Churches in the World And though here I have many learned worthy men for my Adversaries yet I hope to manage the Dispute with that Candour and Integrity that none shall have any reason to complain of any more unkindness than what is absolutely necessary to my doing right to the Church of England And this I am sure can give no Offence to good men how much soever I may chance to cross with their particular Sentiments and Opinions And as for bad men for there are of both sorts engaged in the Opinion I were not true to my own Integrity if I suffered my self to be in the least swayed by their good or bad Opinion for I write not to please but to convince them which I know as long as they continue bad is but