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'
by more than one Obligation engaged so to do to appear in defence of the Royal Supremacy It is indeed very strange to consider after what manner a certain Writer has of late deliver'd his Sense as to both these and such as will hardly be Credited except I repeat it in his own Words 'T was Natural says He to expect the Insurrection of Infidels and Hereticks against the Proposals and Power of a Convocation But who would have dreamed that any Clergy Man of the Church should lift up his Heel against Her When the great Luminaries of the Church shall sign the Theta upon Her Rights Liberties and Authorities Divine and Humane and this Voluntarily and without any Bribe offer'd or Menace denounced the Concession is taken for Sincere and for that Cause Just. King Henry the VIII of famous Memory notwithstanding all his Claims at Common-law and his Interest in his Parliament thro' Power and the Rewards by Abby and Church-lands could not have made himself so absolute in Eccesiasticals had he not procured before the Submission of the Clergy Nor could he have compassed That but by the Terrour of a Praemunire under which they had fallen and upon which he was resolved to follow his Blow and so to bend or break them And yet this Act of a Popish Vnreform'd and will nigh Outlaw'd Convocation Extorted for fear of Ruin and thro' Ignorance and Non-suspicion of the Acts consequent upon it prejudges more against our Liberties than all Secular Constitutions could possibly have done without it And must we Now consecrate all these Procedures the Results of which we feel in the total Ruin of Ecclesiastical Discipline and Christian Piety by Our voluntary Pleas and Acclamations And to gratifie the Civil Powers to an Arbitrary Vtmost violate the most Important Truths of Principles and Histories treat the Synods of the Church with Spite and Contumely and Recommend the greatest Slavery of her to the Appetite of Civil Powers This is a severe Charge and a Man had need have a very Good Cause or a very Impregnable Face who treats Kings and Parliaments Convocations and Clergymen after such a Rate For when all is done it cannot be denied but that what that Convocation did and that King and Parliament Enacted was after two intermediate Reigns again Repeated in the First of Queen Elizabeth is at this day Approv'd of by the Canons of King James the First and allow'd of in the Nine and thirty Articles of Religion to which this Author himself has more than once Subscribed And methinks the consideration of that if nothing else might have induced him to have been more temperate in his Charge against me who have defended no Other Authority in the Prince than what both He and I and every Other Clergy-man of the Church of England have solemnly declared our Assent to and are obliged to our Power to maintain But our Author does not intend to leave this Point so easily his Zeal carries him yet farther in Opposition to the King's Supremacy To say nothing of his fresh Invectives against that King and that Convocation which first began to assert the Royal Authority against the Invasions which had so notoriously been made upon it Pag. 110. He affirms the Authority of the Church in the Convention Freedom and Acts of Synods to be of Divine Right This he again insists upon pag. 115. and in the next Page calls them Divine Privileges given by God and granted to Priests for the Conduct and Conservation of the Church And in the same Page speaking of the Prince's breaking in upon these supposed Rights he says Not only the Romish Church but all Other Sectaries and the Scotch Kirk illustriously scorn to admit any Servitude notwithstanding not only National Protection but Promotion being sensible that a Liberty of Religion Government and Church-Discipline is more valuable than all worldly Wealth or Interest and without which they cannot apprehend any Protection to Religion or the Societies that Profess it From which last Words I suppose I shall not injure his Sense if I infer that then according to his Notion the Church of England is really at present in a Persecuted State and has been so ever since the Reformation And cannot be look'd upon so much as a Protected Church till this Act of the Submission of the Clergy shall be Repealed A strange Reflection certainly and very Unbecoming those manifold Blessings our Church has enjoy'd under its Reformed Princes and does at this time Enjoy under her Glorious Preserver Whose greatest Crime I am afraid it is in some Mens Opinion that he has delivered us from that Slavery into which we were running tho' such as our new Disciplinarians seem to think the only way to a Canonical Liberty I must transcribe a great part of his Book should I here Repeat all that this Author has said in the most spiteful manner that he knew how to Express it against all that plead for or speak well of this part of the King's Supremacy See how he Harangues his Brethren of the Clergy upon this Occasion P. 119. We we only says he are the Poor Tame Dis-spirited Drowsie Body that are in love with our Own Fetters And this is the only Scandalous Part of our Passive Obedience to be not only Silent but Content with an Oc n of our P rs which are not forfeited nor forfeitable to any Worldly Powers whatsoever It might perhaps be here no Improper Question to ask what this Gentleman means by so Warm an Application to the Whole Body of the Clergy Whether he would have them take Heart upon the Matter and having so Redoubted a Champion to lead them on like true Missionaries see what they can do to raise up a Croisade against these wicked Magistrates who so unwarrantably Usurp upon the Churches neither forfeited nor forfeitable Powers At least thus far 't is plain he has gone towards it that as he has before shewn the Church to be out of the Protection of the Prince so he will by and by declare the Prince to be out of the Bosom of the Church and by Both authentically qualified for a Holy War to be made upon Him For thus he goes on p. 122. Can a Claim of an Oppressive Supremacy be deem'd a Glorious Jewel in a Christian Crown which if exercised must of necessity forfeit the King's Salvation And is it not a dangerous complaisance in Priests to fan such an Ambition as must End in the Ruin of the Church the Priesthood and the Soul of the Prince which the Liberties and Powers Hierarchical were design'd to Convert Direct and Preserve But still it may be doubted how far he accounts the King's Supremacy to be Oppressive That the whole Act of the Submission of the Clergy to King Henry the VIIIth falls under this Censure we have already seen In short all that he thinks fit to be allow'd to the Christian Prince is this That the Church be
in behalf of the Prince by this Great Champion of our Church in his accurate and solid Treatise upon the same Subject Such was the Opinion of Dean Nowell nor does Mr. Hooker come at all behind him The Antient Imperial Law says he forbiddeth such Assemblies as the Emperor's Authority did not cause to be made Before Emperors became Christians the Church had never any General Synod their greatest Meetings consisting of Bishops and Others the gravest in Each Province As for the Civil Governor's Authority it suffered them only as things not Regarded or not accounted of at such times as it did suffer them So that what Right a Christian King hath as touching Assemblies of that kind we are not Able to judge till we come to later Times when Religion had won the Hearts of the Higher Powers Constantine was not only the First that ever did Call any General Council together but even the first that devised the Calling of them for Consultation about the Business of God After He had Once given the Example his Successors a long time follow'd the same Touching that Supremacy of Power which our Kings have in the Case of making Laws it resteth principally in the Strength of a Negative Voice which not to give them were to deny them that Without which they were Kings only by a meer Title and not in Exercise of Dominion If it be demanded by what Right from Constantine downwards the Christian Emperors did so far intermeddle in the Church's Affairs either we must herein condemn them as being over-presumptuously bold or else Judge that by a Law which is termed Regia that is to say Royal the People having derived unto their Emperors their whole Power for making Laws what matter soever they did concern As Imperial Dignity endow'd them with competent Authority and Power to make Laws for Religion so they were thought by Christianity to Vse their Power being Christians unto the Benefit of the Church of Christ. Was there any Christian Bishop in the World which did then judge this Repugnant unto that Dutiful Subjection which Christians owe to the Pastors of their Souls Wherefore of them which in this Point attribute most to the Clergy I would demand What Evidence there is whereby it may clearly be shew'd that in Antient Kingdoms Christian any Canon devised by the Clergy alone in their Synods whether Provincial National or General hath by meer force of their Agreement taken place as a Law making all Men constrainable to be Obedient thereunto without any Other Approbation from the King before or afterwards Required in that behalf And this shall suffice for the Reign of this Great and Wise Queen I shall make no Apology for taking these last Quotations out of that part of Mr. Hooker's Works which are not of Equal Authority with the Books publish'd by himself in his Life time There being so much of Mr. Hooker's Stile and Reason in them as makes me undoubtedly conclude that as they are they proceeded from Him And those who are supposed to have interpolated these Books were never charged with turning things to the Advantage of Sovereign Authority So that if any Changes or Omissions should have happened in this Place it must have been to the Disadvantage not to the Interest of the Cause before Us. But I shall be content to take his Opinion as it still is left to Us and is sufficiently contrary to that wild Notion of Chruch Power which is now again set on foot tho' by another sort of Men in Pretence at least among us KING JAMES I. We have before seen how the Oath of Supremacy fram'd in the beginning of the Reign of Queen Elizabeth set the Pens of those of that Age on Work in discussing the Authority of the Christian Prince in Causes and over Persons Ecclesiastical It was not very long after the coming of King James into England before another Oath again Revived the same Controversy and set the most Learned Men of the Church of Rome upon a fresh Opposition of the Royal Authority Among those who on our side appeared in Defence of it as no one began sooner so is there none that ought to be rather taken notice of by Us than the King himself who with Good Learning as well as with a Stile becoming a Prince solemnly asserted his own Royal Rights and Jurisdiction And first In his Apology for the Oath of Allegeance we have his Opinion plainly deliver'd in several Points relating to our present Disquisition Answerably to the Fathers spake the Councils in their Decrees As the Council of Arles submitting the whole Council to the Emperour in these Words These things we have Decreed to be presented to our Lord the Emperour beseeching his Clemency that if we have done less than we ought it may be supplied by his Wisdom if any thing otherwise than Reason requireth it may be Corrected by his Judgment if any thing be found Fault with by Us with Reason it may be Perfected by his Aid with Gods favourable Assistance But why should I speak of Charles the Great to whom not One Council but Six several Councils Frankford Arles Tours Chalons Mentz and Rhemes did wholly Submit themselves And not rather speak of all the General Councils that of Nice Constantinople Ephesus Calcedon and the four others commonly so Reputed which did submit themselves to the Emperours Wisdom and Piety in all things Insomuch as that of Ephesus repeated it four several times That they were Summon'd by the Emperour 's Oracle beck charge and command and betook themselves to his Godliness beseeching him that the Decrees made against Nestorius and his Followers might by his Power have their full Force and Validitie And in his Defence of the Right of Kings He thus confirms the same Principles It is willingly granted that Emperours never challenged never arrogated to be Sovereign Judges in Controversies of Doctrine and Faith Nevertheless it is clearer than the Suns light at high Noon that for Moderation at Synods for Determinations and Orders establish'd in Councils and for the Discipline of the Church they have made a good and full Use of their Imperial Authority The first Council held at Constantinople bears this Title or Inscription The Dedication of the Holy Synod to the most Religious Emperour Theodsius the Great to whose Will and Pleasure they have Submitted these Canons by them address'd and establish'd in Council And there also they beseech the Emperour to Confirm and Approve the said Canons The like hath been done by the Council of Trullo by whom the Canons of the fifth and sixth Councils were put forth and Publish'd This was not done because Emperours took upon them to be Infallible Judges of Doctrine but only that Emperours might see and judge whether Bishops who feel the Prick of Ambition as other Men do did propound nothing in their Convocations and Consultations but most of all in their Determinations to undermine the Emperours
Authority to disturb the Tranquility of the Common-wealth and to cross the Determinations of Precedent Councils Now to take the Cognizance of such Matters out of the Kings Hand or Power what is it but even to Transform the King into a Standing Image yea to bring him down to this Basest Condition to become only an Executioner and which I scorn to Speak the unhappy Hangman of the Clergies Will The King having thus asserted the Authority of Christian Princes in this particular was soon Assaulted by those of the other Party Cardinal Bellarmine at that time accounted one of the most Learned Controvertists of the Church of Rome first under the Name of Tortus fell with great Bitterness upon him To him his Majesty scoring to reply Bishop Andrews took the Cause upon himself and with Great Spirit and Judgment replied to him So that here then in these two we may expect to see what is to be said on either side upon this Subject As for the Cardinals Opinion I am not concern'd to take any Notice of it But that which the Bishop asserts and with great Force of Reason and Evidence of Antiquity defends is to this Effect That Kings have Power both to call Synods and to Confirm them and to do all Other things which the Emperours heretofore diligently did do and which the Bishops of those Times willingly acknowledged of Right to belong to them And 1st That to Christian Princes belongs the Sole Right of calling Synods he proves from the History of the General Councils that were assembled under them p. 165. And from the Examples of those which were afterwards held under Charles the Emperour p. 164. 2dly That having Assembled them they have a Right of Inspecting and Examining of Approving or Rejecting their Acts He likewise shews p. 162 164. You know says the Bishop how Constantine wrote to the Synod of Tyre All you as many as made up the Synod of Tyre hasten without delay to come to Us and shew us truly how sincerely and rightly ye have Judged p. 173. He adds 3dly That they may come to and make a part of the Synod This he proves p. 174. And then p. 176. thus Sums up the Royal Authority Put this says he together The King assembles the Synod the Synod presumes to do nothing without his Knowledge The King commits the whole Affair to their Power They by vertue of his Princely Command proceed to do what was needful to be done I might easily Confirm this same Opinion both of the King and Bishop with the Concurrent Authority of Burhil Tooker and some Others who were afterwards engaged in the same Controversy But I must not enlarge upon this Subject having so much more yet to observe both of this King and this Bishop upon another Occasion as to the Points under Debate The King being Dissatisfied with the Proceedings of the Presbyterian Ministers in Scotland for holding a Generally Assembly at Aberdeen contrary to his Command sent for a certain Number of the most Eminent of them to come up to him to London and satisfy him in some Things in which he thought he had just reason of Complaint against them To these Ministers after other things Transacted with them he deliver'd three Quaeres relating to his Authority in Ecclesiastical Matters and demanded their several Answers to them The Second of these Questions and from which we may sufficiently conclude what Opinion his Majesty had of his own Royal Supremacy was this Whether they acknowledge his Majesty by the Authority of his Prerogative Royal as a Christian King to have lawful and full Power to Convocate Prorogate and cause desert upon just and necessare Causes known to him the Assemblies of the Kirk within his Majesties Dominions How they trifled with his Majesty in their Answer to these Questions as well as in all the other Affairs about which they had been sent for is neither material to my Purpose to shew and may at large be seen in the Histories here Referr'd to by me That which I have further to observe is that during the Course of this Transaction the King caused four of his English Bishops on certain Days appointed to them to Preach before him at Hampton-Court and Commanded the Scotch Ministers to be present at their Sermons The third of these turns fell upon our learned Andrews at that time Bishop of Chichester whose Subject assign'd him by the King was to prove the Power of Princes in Convocating Synods and Councils In order whereunto he first laid down these two Points 1. That when the Prince calls the Clergy are to meet And 2. That they are not to meet of Themselves unless he call them The Proof of these Points he thus pursues 1st From the Law of God p. 104. 105. confirm'd by the Law of Nature and Nations p. 106. And 2dly From Matter of Fact Before Christ From Moses to the Macchabee's in the Jewish Church p. 106 107. After Christ From Constantine till a Thousand Years after Christ 1 By General Councils 2 By National and Provincial Councils assembled 3 Under Emperours and 4 Kings by the space of many Hundred Years p. 108. This is the Substance of his Sermon and from which I shall proceed to extract some part of what he says in the Prosecution of most of the Heads before laid down 1st In Speaking of the Law of Nations he has this Remark The Law of Nations in this Point might easily appear if time would suffer both in their General Order for Convocations so to be called and in their General Opposing all Conventicles called Otherwise Verily the Heathen Laws made all such Assemblies Vnlawful which the highest Authority did not cause to meet yea tho' they were Sub praetextu Religionis say the Roman Laws Neither did the Christian Emperours think fit to abate any thing of that Right nay they took more straight Order 2dly Concluding his Account of the Jewish State he has these Words Thus from Moses to the Maccabees we see in whose Hands this Power was And what should I say more There was in all God 's People no One Religious King but this Power he Practised And there was of all God 's Prophets no One that ever interposed any Prohibition against it What shall we say then Were all these wrong Shall we condemn them all Yet to this we are come now that either we must condemn them All the One after Another the Kings as Usurpers for taking on them to use more Power than ever orderly they Received the Prophets for soothers of them in that their unjust Claim Or else confess that they did no more than they might and exceeded not therein the Bounds of their Calling And indeed that we must Confess for that is the Truth 3dly In treating of General Councils he thus Speaks of that of Nice At Nice there were together 318 Bishops the Lights of the whole World the
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
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
impartial Reader to judge It is one of the ill Effects that commonly attend Controversial Writings that it is very Difficult to manage them either with that Temper and Ingenuity that becomes Scholars or with that Charity that good Christians ought to do And 't is this has given me almost as great a Disgust at them as ever Gregory Nazianzen profess'd himself to have against Synods and that almost upon the same Account Pride and Ill-Nature commonly Domineer in them and sometimes it so falls out that an Opponent must be freely dealt with or a good Cause must suffer in the Opinion of a great Many who conclude that a Man therefore only spares his Adversary because he could not get an Advantage against him How far I have fallen under this Censure in the Management of the present Controversy I must submit it to others to judge but do hope I have not so far Transgress'd as this late Author charges me to have done As for the Logick Law and History of the Person I had to deal with What it really is I pretend not to say What it appear'd to me to be my Book has shewn And if I have any where fail'd in my Allegations against him this Gentleman no doubt will take care to call me to Account for it But Honesty is a tender Point and I do not remember I have any where touch'd upon it 'T is true I have shewn what was indeed too plain to be deny'd that whosoever he were that Wrote that Pamphlet he could be no Friend to our present Establishment And this I am sure was to my Purpose to observe how little so ever it was to his to have it so plainly Discover'd However if in any thing I have been Mistaken in my Judgment either of his Affections of his Abilities I am heartily sorry for it and shall be ready to submit to whatsoever Pennance his most Vpright Logical Historical Second shall from his better skill in Antiquity and the Laws of our Church think fit to lay upon me for it THE CONTENTS INtroduction § 1. The Design of the following Treatise viz. To shew what has been the Sense of the Church of England ever since the Reformation as to the Authority of Christian Princes over the Ecclesiastical Synods of their Realms § 2. The Substance of the 25 H. 8. c. 19. to this Purpose § 3. Of its Repeal by Q. Mary and Revival by Q. Elizabeth § 4. That the Authority therein given to the King is no Other than what did always of Right belong to the Crown § 5. That it was to secure this Authority the Oath of Supremacy was framed § 6. The present Obligation of which is enquired into Ibid. That the same Authority is agreed to in the 37th Article § 7. The Sense of which is shewn Ib. And the Nature of that Subscription we make to those Articles consider'd § 8. And is yet more fully enjoin'd by the Canons of 1603. § 9. Which ipso facto Excommunicate all those who Impugn this Supremacy § 10. II. This Supremacy Confirm'd from the Sense of our Divines and Others ever since the Reformation § 11. Of the Times of K. H. 8. K. Edw. 6. and Q. Mary 1. § 12. Queen ELIZABETH The Judgment of her Self and her Parliament § 13. Of all her first Bishops § 14. Of Archbishop Whitgift § 15. Archbishop Bancroft § 16. Bishop Jewel § 17. Bishop Bilson § 18. Dr. 〈◊〉 § 19. Mr. Hooker § 20. King JAMES 1. Of the Revival of the Dispute concerning the Supremacy under this King § 21. The Judgment of the King himself Ib. And Of B. Andrews § 22. Against the Papists Of the Controversy which the King had on this Subject with the Scotch Ministers § 23. Vpon this Occasion B. Andrews Judgment more fully declared § 24. Which was also the Sense of the Rest of the Clergy at that time § 25. Particularly of our Learned Mason § 26. King CHARLES I. The Judgment of these Times more particularly shewn § 27. From the Sense of the King himself § 28. Of his Bishops especially A. B. Laud § 29. And of the whole Convocation 1640 § 30. The Judgment of A. B. Bramhall § 31. Bishop Davenant § 32. and Dr. Heylin § 33. King CHARLES II. The State of the Parliament and Convocation in 1660 consider'd How far this shews the same Sense to have continued of the Supremacy that had all along obtain'd before § 34. This farther shewn from the Opinion of Bishop Taylor § 35. B. S. Parker § 36. Dr. Falkner § 37. Dr. Barrow § 38. III. Vpon this Foundation an Appeal is here made to all the True Members of our Church against those who now Oppose this Authority § 39. And it is farther shewn That I have not been mistaken in Point of Law § 39. That the Cause was not unbecoming a Clergy Man to appear in § 40. That the time was not improper for the handling of it § 41. That it is not probable the Church will Suffer by what I have done but may by their Fury who oppose me in this Point § 42. The Close § 43. AN APPEAL To all the True Members OF THE Church of England c. AFTER an Age and half 's Dispute with those of the Church of Rome in Defence of the King's Supremacy and of the Laws that have been made for the Establishment of it it cannot but seem a little strange to Us to be Now call'd upon to begin the Controversy again with some among our selves who would be thought the Best if not the only True Members of the Church of England But that which seems yet more amazing is that tho' our Laws subsist in the same State which they have been in ever since the Reformation Our Articles and Canons made in pursuance of those Laws continue firm and unrepealed Tho' the Books that have been written by our Bishops and Clergy in defence of Both are not only not Censured but are Read Approved and Received on all hands as delivering the undoubted Sense of our Church and Convocations as well as of our Princes and Parliaments with relation to this matter it should now nevertheless be thought a Crime to assert the Supremacy of the Christian Magistrate and a Scandal for a Clergy-Man more especially to appear in behalf of that Cause by defending whereof so much Honour has been gain'd by the greatest Writers of that Order heretofore Had we now to do with the same Adversaries that those Learned Men were engaged with Were the Persons who in Our days set up against the Rights of the Prince either open Romanists on the one hand or avowed Members of the Kirk and Consistory on the Other we should the less wonder either at the Principles which they Advance or the Zeal with which they appear in Favour of them But to be Summon'd by Members of our Own Communion to defend the Doctrine of our Own Canons and Articles to be rail'd at as little better than
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
as not to Prejudice the Other Here therefore was a just Opportunity given to the Convocation to have declared its self and for the Parliament to have provided for the Liberties of the Church They were actually Repealing One Branch of that very Statute of the First of Eliz. c. 1. And two Lines more had done the Business But alas they were both Negligent in this Particular Or rather for that is the Truth they Neither of them thought the Church was at all Oppress'd by this just Jurisdiction of the Prince over it But we know Acts of Parliament are Obstinate things and will no longer bend as they were wont to do to the Ecclesiastical Canon Did the Synod therefore at least make bold with its Own Constitutions and Rescind those base and flattering Canons which stampt upon this Act the Churches Approbation And by so doing sign'd the Theta upon her Rights Liberties and Authorities On the contrary they continue still in force and have as far as One of King Henry's Convocations has power to do it ipso facto Excommunicated some among Us who while they make a Noise in the World as if they only were the true Sons of the Church of England are Really cut off from all Communion with Her In a word When upon the Review of the Liturgie several other Alterations were made in the Forms of Ordaining of Bishops Priests and Deacons did they slip aside the Oath of Supremacy that Bond of Iniquity contriv'd by the Atheists and Erastians of the Parliament in the First of Q. Elizabeth on purpose to run down the Rights of the Clergy and set up an Oppressive Supremacy over them But they still stand as they did before and may move some to consider who have been Ordain'd by these Forms How to Reconcile the Solemn Recognition of that Oath in behalf of the King's Authority with what they have since Written with so much Bitterness against it But tho' the Convocation therefore did nothing to Recover the Church out of that slavish Estate into which former Convocations and Parliaments had brought her it may be some Others of the Clergy at least in their Writings on this Subject may have Remonstrated against it That any have done so till this present Controversy began is what I never Heard This I know that several have Asserted and which is more defended too the Supremacy on its present Legal Bottom beyond the possibility of a Reasonable Reply Among these I know not whom more properly to mention in the very first place than our Pious and Learned Bishop Taylour It was but a very little while before the Restauration of King Charles that he published his Excellent Book of Cases of Conscience and which has never I conceive fallen under any Censure tho' often Re-printed since In these having first in General shewn that the Prince has Authority in Matters of Religion and Asserted it so highly as to say That without it he is but the Shadow of a King and the Servant of his Priests He proceeds more particularly to lay down this as his next Rule of Conscience That Kings have a Legislative Power in the Affairs of Religion and the Church Which having also shewn his next Conclusion to our purpose is this § 9. The Supreme Civil Power hath a Power of External Judgment in Causes of Faith That is as he Explains himself a Power to determine what Doctrines are to be taught to the People and what not And to prevent mistake he thus declares himself more particularly as to this matter § 16. I do not intend by this that whatsoever Article is by Princes allow'd is therefore to be accounted a part of True Religion For that is more than we can justify of a Definition made by a Synod of Bishops But that They are to take care that True Doctrine be Establish'd That they that are bound to do so must be supposed Competent Judges what is true Doctrine Else They Guide their Subjects and some Body Else Rules them And then Who is the Prince The Prince then is to Judge what is true Doctrine yet this He must do by the Assistance and Ministries of Ecclesiastical Persons Kings are the Supreme Judges of Law Yet in Cases where there is Doubt the Supreme Civil Power speaks by them whose Profession it is to Vnderstand the Laws And so it is in Religion The King is to study the Law of God not that He should wholly depend in Religion upon the Sentences of Others but be able of Himself to Judge But the Prince's Office of providing for Religion and his Manner of doing it in Cases of Difficulty are rarely well discoursed by Theodosius the Younger in a Letter of his to St. Cyrill The Doctrine of Godliness shall be discuss'd in the Sacred Council and it shall prevail or pass into a Law so far as shall be judged Agreeable to Truth and Reason Where the Emperor gives the Examination of it to the Bishops to whose Office and Calling it does belong But the Judgment of it and the Sanction are the Right of the Emperor who would see the Decrees should be Establish'd if they were True and Reasonable Ib. § 5. This I observe in Opposition to those bold Pretences of the Court of Rome and of the Presbytery that Esteem Princes bound to Execute their Decrees and account them but Great Ministers and Servants of their Sentences And a little lower he saith If He the Prince be not bound to Confirm All then I suppose He may chuse which he will and which he will not § 6. He shews that Princes are not bound to Govern their Churches by the Consent and Advice of their Bishops but only that it is Reasonable they should For says he Bishops and Priests are the most Knowing in Spiritual Affairs and therefore most fit to be Councellors to the Prince in them In his Fifth Rule § 1. he Affirms That Kings have Power of Making Laws And therefore as Secular Princes did use to Indict or Permit the Indiction of Synods of Bishops so when they saw Cause they Confirm'd the Sentences of Bishops and pass'd them into Laws Before Princes were Christian the Church was Govern'd by their Spiritual Guides who had Authority from God in All that was Necessary and of Great Convenience next to Necessity And in Other things they had it from the People For the better providing for These God raised up Princes to the Church And then Ecclesiastical Laws were Advised by Bishops and Commanded by Kings They were but Rules and Canons in the hands of the Spiritual Order but made Laws by the Secular Power These Canons before the Princes were Christian were no Laws farther than the People did Consent but now even the Wicked must Obey This was the Judgment of that Great Bishop as to the Princes Supremacy in Matters Ecclesiastical And this Judgment he delivered in his full Years in One of his last Works and that purposely design'd to
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
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