pretend to the same nor can nor lawfully may raise or levy any War offensive or defensive against his Majesty his Heirs or lawful Successors c. And in the same Act the grounds of contrary proceedings they call Rebellious Principles the Governments set up against the lawful King they stile usurped Governments and the effect of such doings they say was almost the Ruine and Destruction of this Kingdom But what was wanting then we have just cause to fear will be made up now we are within a little of leaving out the almost and are upon the very brink of utter Ruine and Destruction Now if the sole Supream Government was in King James and the whole power and disposition of the Militia and all Forts and places of Strength were undoubtedly his Right and no War offensive or defensive may be raised against him then all those places were wrongfully taken from him and all the present Rebellions Proceedings and Usurpations are as void as the former It were no hard matter to heap up many other Statutes to this purpose but I think these sufficient for this was the Constitution when King Charles the Second died this was the state of the Government when King James the Second his lawful Successor entred upon it and all these Acts were in their full force when he was driven away and they assert maintain keep up and secure his Right and Supream Power as well against his own Subjects as Foreigners And therefore the Supremacy Authority and Right being still his as all proceedings against him are null in Law and condemned by it so all Persons thus unlawfully divesting him of that his rightful Supremacy and Authority have incurred the Centure of the fore cited Canon made pursuant to these Constitutions and must be adjudged to stand ipso facto excommunicate I am not insensible that by a certain side-wind an Objection may be here brought in which both Prerogative and Commonwealth-men have as it served their Turn insisted on That the Statute-Law is super-induced and to be in force according to the tenour of the old preceding Laws and Customs of England and if repugnant to them void if obscure and doubtful to be explained by them And I am informed that the Paltry I should have said the Poultrey Doctor in his private Pleas in making Converts or rather Perverts doth farther alledg That the Statute-Law is utterly insignisicant in it self and that we are wholly to be guided by antecedent Laws and Customs Whether he means by this to warrantize Rebellion by the worst of Precedents or would have all swallowed up in the Prerogative I cannot tell for he is as much for William as he was against King James so tempting a thing is even the bare hopes of a Bishoprick But against this I desire these few things may be considered 1st I humbly request this bold Doctor or any of his Complices to tell me in plain English Whether the august Court of Parliament which is brought together with so much Charge appears in such State and is stiled the highest Court in the Kingdom sits in all that Formality and Solemnity only to devise New-Nothings or to make Rattles and Baubles for Fools and Children For if his Objection be true I see not what they do more but must be the meerest piece of Pageantry that ever was 2dly It is observable that this Argument if not first trump'd up yet was most warmly managed in the time of King Charles the First when the matter of the Petition of Right was under debate and though they threw Dust in one another's Eyes and amused the Kingdom with sine Harangues about old blind antecedent Laws which no Body knew what to make of yet when they come to pen the Statutes they fairly leave them all to shift for themselves and found it wholly upon preceding Statutes as any Man may there see to his satisfaction 3 Car. 1. in initio 3dly That the fore-cited Statutes are so far from expressing any thing obscurely or doubtfully that they are as intelligible plain and easie as if they had been written with a Beam of the Sun Lastly and which indeed is most considerable all or most and the most pertinent of the fore-mentioned Statutes are not meerly constitutive but declaratory not barely telling us what for the future should be Law but informing us what by the old antecedent Laws were the undoubted Rights of the Crown and rule of Succession and indeed I can discover but two ways whereby the Crown can succeed according to our Constitutions viz. either bâ— Proximity of Bloâ—d in a lineal Succession or by the last Will and Testament of the present rightâ—ul Prince in Possession ratified in Parliament both which are mentioned in the Act of Settlement 35 Hen. 8. and made a rule of Succession for ever 1 Eliz. cap. 3. neither of which will do our Adversaries any Service And thus I think I have given as fair and full an answer to Mr Johnson as he hath done to the rest of his Brethren and the Obstacles being now removed may justly proceed to the Canon which declâ—res all such Persons as deny the Supremacy of their lawful King to be excommunicate ipso facto As to which I shall consider these several particulars First That this Canon is no Novelty but pursuant to and taking pattern from other Canons of the Church of Christ made all along for the security of Princes Secondly What is meant by Excommunication ipso facto Thirdly What is the State and Condition of Persons excommunicate Fourthly What ought to be the Behaviour of other Christians towards such as stand â—xcommunicate Lastly the particular restraint here laid as to reconciling such Persons who are censured by this Canon As to the first Christianity which not only teacheth but obligeth us to do good for evil took care of the Supremacy of the Supream Powers even when they were Persecutors but when Kings and Queens became Nursing Fathers and Nursing Mothers and took the Church into their Protection defending the Persons not only as Subjects but Christians and backing the Canons and Censures of the Church with Civil Laws and Penalties from thâ—nce the Church became bound not only in Duty but in Gratitude to contribute all she could to the protection of that lawful Government which protected her and to render the Civil Laws and Penalties more aweful and effectual did farther enforce them as occasion required but especially for the security of lawful Princes with the Threats and Terrors of Divine Vengeance which by Authority committed to her by God she had power to denounce against such Offenders The Doctrine of Obedience to lawful Powers has been a part of Christianity from its very first entrance into the World even then when it was the greatest Sufferer under them Thus our Blessed Saviour teacheth the Seditious Jews Mat. 22. 21. Render unto Caesar the things which are Caesar's and unto God the things that are Gods Thus his Apostle St. Paul to the Romans
is not long since that a wise and pious Prince was barbarously murdered amongst us by his own Subjects and though his Son by the Mercy of God made his escape yet there are many who thiâ—st for his Bloud which in the estimation of God is the same thing To this I will here add part of a Canon of another of our own Councils Vid. Lind. l. 5. sol 248. b. Auctoritate Dei Patris c. By the Authority of God the Father c. we excommunicate all those who injuriousâ—y disturb the Peace and Tranquillity of our Lord the King and those who labour unjustly to detain the Rights of our Lord the King This is a Canon made amongst our selves and the Book is the great Director of our Ecclesiastiâ—â—l Coâ—â—ts at this Day and if the Rights of a King be not only detained but wholly swallowâ—d up by some at this time we must never believe matter of Fact more and as for the Curâ—e let them take it to whom it belongs Indeed while the Authority of God was reverenced in the Censures of the Church Kings were very desirous that the Churches protected by them should contribute to the Security of the Royal Authority by a dâ—nunciation of Spiritual Judgments on such as should any ways be injurious to it Thus at the Request of K. Edward a Constitution was made to this purpose by John Straâ—ford Arch-bishop of Canterbury as is to be seen Lind. fol. 254 b. But a very â—emarkaâ—le Instance in this kind the Concilium Engilhelmense under Lewis the 4th affords us Câ—n. 1. De hinc ex Sessionis suae loco sâ— subâ—â—gens c. Then the Glorious King Lewis rising from his Seat made a most 〈◊〉 Complaint viz. That â—e was strip'd of his Royal Power by a certain Prince called Hugo whose just Grief and Complaint we Holy Fathers i. e. the Bishops there assembled condâ—â—ing being joined together in the Vnity of Spirit have made thereupon this Decree Let no Man henceforth in â—ade the Kingly Power nor deal treacherously therewith for we have decreed by putting in execution the Council of Toledo That Hâ—go the Invader and Ravisher of the Kingdom of K. Lewiâ— shall be smitten with the Sword of Excommunication unless by an appointed Time he comâ— to the Council and repent of so soul a Fact and make satisfaction Had this Complaint been made to St. Asaph or Dr. Burnet They would have told poor Lewis that Hugo had conquered him that he had lost all his Right and so long as he lived must only be called the late King Lewis that for their parts they were bound to swear Allegiâ—nâ—â— to Hugo and to assist him to the uttermost against Lewis But contrary-wise these Bishops own the Cause of the distressed Prince and decree the Usurper excommunicate if he restore not his ill-gotten Goods Now whom shall we believe For either this Council or some Bishops now living must be in the wrong The Case of Ludoviâ—us Plus has too much Assinity with ours for his own Children rose up against him and a parcel of St. Asaphs Burnâ—ts â—owlers and such other Godly and Loyal Prelates met together and made up that which is called Synodus Compendiensis and by the Learned Baluzius justly stiled Synodus Praedatoria these join with the Rebellious Children against the Father and formally strip him of his Authority in order to his being imprisoned by his Son Lotharius But against these Rabanus Maurus Arch-bishop of Mogunce then living a Man of greater Reputation and Authority than a thousand such false Loonâ— stoutly opposeth himself and with the Courage and Fidelity of a Christian Bishop condemns the Fact and writes a Tract on purpose De reverentia Filiorum erga Patres subdiâ—â—rum erga Reges which I think may be worth any honest Man's reading Much such another Case was that of the Emperor Henry the 4th but the more abominable for this that that whole Scene of Wickedness was managed by Gregory the 7th otherwise called Pope Hildebrand but more deservedly Pope Firebrand who the better to colour over the matter excommunicates the Emperor and absolves his Subjects from their Allegiance but the Bishop of Leige being too Honest and Loyal to think himself so discharged of his Oath of Fealty continued faithful to the Emperor for which the Pope darts his Thunderbolts against both him and his Adherents notwithstanding which his Clergy continue firm to him justifie their Proceedings from the Obligation of their Oaths and the Commandments of God and look upon his Excommunication as meerly brutum ful-men and of no Force It would be too tedious to heap up what might be brought of this kind from Examples Canons and declared Judgment of Holy Fathers From all which it is plain that the pious consciâ—ntious Clergy ever thought themselves in Duty bound not only to adhere to their lawful Prince against all Usurpers and Rebels but to censure those that did otherwise which was sufficient to induce our Church to compose this Canon and justifie her in so doing and ought to strike a terroâ—â— in all those who incurr the Censure of it which that they may be the more aware of I shall now proceed further to explain it in the other Particulars The next Thing we have to do is to enquire after the meaning of an Excommunication ipso facto where by the way take notice that this sort of Excommunication is never denounced but against Crimes of more than an ordinary Size either against such as are of themselves of so very ill Name that being once known there needs not the canvassing of a Judge to induce any Persons to condemn them or else of such pernicious and fatal Consequence that they ought not to be allowed the least encouragement or so much as any sorbearance by which you may easily perceive how heinous a Fault it is adjudged in the sense of the Ch. of England for any Person to mâ—im the Authority of his King or dismantle him of it she having denounced no less than an Excommunication ipso facto against it And indeed what Laws or what Authority shall be able to restrain those Men who shall dare to make an Attempt upon the Sovereign Authority which is the Guardian of the Laws and Security of the State Before Wickedness can grow rank enough for such a desperate Experiment it must have broke thro' and shook off the dread of all Laws and become not only regardless of the Duties of Civility and common Honesty but to be not so much as moved with the sense of the Publick Good and Safety Now what hopes can any Man cherish of such Men And how miserable must that Government be which is ravisht into such hands But to return to our Business Excommunication ipso facto is where the Discussion and definitive Sentence of the Judge is neither requisite or necessary as to the Offender but the Fact being committed the Excommunication immediately takes place and the Law in a great
measure executes it self So that Excommunication ipso facto is Excommunication ab ipso jure sive sententiae a jure latae and is so call'd in Contradistinction to Excommunication ab Homine sive Judice where the definitive Sentence must be waited for and pronounced before the Excommunication can take effect From what hath been said it is evident that the guilty Person in this Case is immediately in the state of Excommunication so that he ought not to thrust himself into the Communion of the Ch. it being a thing which belongs not to him and to which he hath no Right and from which he can receive no Benefit but ought to put himself into the state of a Penitent to bewail his Fault and make what Satisfaction he is able and to endeavour his Reconciliation to the Church upon such Terms and Conditions as the proper Judge in that case shall think fit for that end and purpose of which a true and hearty Repentance so far as Man can discern is always one But then whether all Persons are bound to treat this Person as an Excommunicate is another Question Indeed if he as he ought confess his Fault declare his Condition and bewail it there can be no doubt but that others though they may pity him yet ought to treat him as an Excommunicate till he be restored by due course but then it too often happens that the Fact is hid and secret or if the Fact be known yet the Criminal is not or if both Fact and Criminal be known yet it may not be known or but to few that there is any Canon or Law which ipso facto puts such a Person under Excommunication yea after all though Fact Criminal and Canon be known yet it may be a doubtful and controverted case whether the Crime be within the Verge and Censure of such Canon Now in such a case I humbly conceive that no Man is strictly bound to treat such a Person as an Excommunicate until a declaratory Sentence of a proper Judge have passed on the thing though a definitive one be needless that is that the Judge having true notice of the Crime do declare that it is the same against which the Canon pronounces an Excommunication ipso facto and this published shall be sufficient to oblige others to treat the Person so declared against as under a state of Excommunication But then again there are Cases wherein so much as a declaratory Sentence is needless and Persons may be bound to look on the Criminals as Excommunicates without any such Sentence as when the Fact Criminals and Canon passing Sentence thereon are notoriously known in such case the Church requires all persons without more adoe to take notice of the Offenders and to treat them as persons under the Sentence of the Canon tho' the Judge hath given no Sentence in the case and commends them for so doing tho' in other cases it allows them not the Judgment This Mr. Hody doubtless would have told us if it had been for his turn but thanks to more fair and ingenuous Persons the Canon now speaks plain for itself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. But if any shall separate themselves from Communion with their Superiour for any Heresie condemned by the H. Synods and Fathers he publickly preaching the same Heresie to the People and teaching it barefac'd in the Church such shall not onely be free from Canonical Censure for separating from Communion with the Bishop so called before synodical Condemnation but they shall be thought worthy of the Honour that is due to the Orthodox because they have not condemned a Bishop but a false Bishop and a false Teacher and have not divided the Vnity of the Church by Schism but have studiously endeavoured to preserve the Church from Schisms and Divisions Thus in cases manifest and notorious Christians followed the Censure of precedent Canons without staying for particular Sentence the onely Question then is whether there be such notoriety in our particular case And truly I think that there scarce ever appeared in the World a more notorious and manifest case the Matter of Fact is evident to all there being scarce a Child of five years old in the Kingdom who doth not know how the Authority of K. James is trampled on despised and denied if he be not taught to do it himself and as for the Persons they are as well known the Laymen glorying in it in all places and the Clergy roaring it out before whole Congregations and then the Canon which censures them as excommunicate ipso facto for so doing is or ought to be as well known for it is commanded with the rest once every year to be read in all Churches which I think is fair notice and if they will not take it affected Ignorance will rather aggravate than excuse their Fault from all which it is plain that these Offenders ought to be treated as excommunicate ipso facto upon the Authority of the Canon without waiting for the declaratory Sentence of a living Judge Having considered the nature of an Excommunication ipso facto I shall next enquire into the state and condition of an excommunicated Person which is very sad and dreadfull as to any Man but when it falls to be a Clergyman's Lot it makes fatal Work For 1. It divests him of the Power of Exercising any Ecclesiastical Jurisdiction and if nevertheless he will take upon him to exercise it it renders all his Acts invalid and null And I think it will be worth some Mens pains to enquire whether this may not affect all the Ecclesiastical Courts in England for I doubt it will not be sufficient to say that many things are done in those Courts which were committed to them by the Civil Power as things that seemed most fitting to be done by Ecclesiastical Persons tho' they might be done by others for though this tacitly acknowledges a Nuâ—…ity or what proceeds from their Spiritual Authority yet I see not what Service it can do them as to what is intrusted to them by Secular Authority for if it were intrusted in them as Ecclesiastical Persons and as Ecclesiastical Persons thâ—y stâ—nd excommunicate I cannot see how they continue capable of exercising such Eccâ—esiastical Jurisdiction But let those Persons look after that who have or shaâ—l have any Suits there or have occasion to prove any Wills wherein they are intâ—â—estâ—d or the like for if ever things should come to Rights again which I hope is no hurt to wish if such Matters were not confirmed by a lawful Authority perhaps some who at present are proud of their Rebellion and the Effects of it may live to curse the time that ever the Mob made Kings or a Dutch man Archbishops 2. Excommunication renders a Clergyman so long as he continues in that state unâ—apable of any Ecclesiastical Benesice or Promotion and if he attempt to take any all means used to conser it upon him become ineffectual a Presentation of such
deep Sense how scandalously the Christian Religion was injured hereby she not only severely censures such Offenders but also clogs their Restoration with great Difficulties and makes it a reserved Case I am not ignorant that the Bishop of Rome who grasps at and claims no less than all has made Reservations till he has reserved away in a manner the whole Authority of all the Bishops in his Communion but the best things may be abused or usurped upon For in the first Ages of the Church we find Cases reserved but then it was by Canons made in Council where it was thought necessary for the benefit of the Church to restrain the exercise of Jurisdiction of single Bishops in some special Case hence it was decreed that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nothing of moment should be done without the Bishop of the Prime See whom we now call a Metropolitan or Arch-bishop and herein our Church hath trod in the Steps of the Primitive Fathers For she leaves the Bishops their just Authority and yet reserves some matters of more universal Influence and concern to the Metropolitan and that she hath done it in this and some other cases perhaps there are weighty Reasons As 1st To preserve and secure the Discipline of the Church in matters of great importance and publick concern Favour Affection Interest or Importunity of Friends might perhaps be apt to sway sometimes with the particular Bishop either to overlook the thing or too easily to reconcile the Persons whereas the Metropolitan is less obnoxious to such Motives Besides if he should neglect to do his part the Suffragan Bishop would have just cause to complain and desire the exercise of his Jurisdiction in that particular to be restored if the other answer not the end of the Reservation and thus they are made a mutual Spur to and Watch upon each other 2dly For more publick Satisfaction the Crime may be notorious and the Offence given to a whole Nation or more and if the Person should be reconciled by his Ordinary it might be known to few and consequently the Scandal remain but being done by the Metropolitan it must necessarily be more notorious the Party's Repentance will be more publick and a more ample Satisfaction made for the Dishonour done to the Laws of God and his Church 3dly For a particular Brand upon the Crime and to testifie the Judgment of the Church as to her high detestation of it For every one must think that she hath a singular Abhorrence of that Crime which she declares she will not forgive but upon such severe conditions 4thly For the more effectual punishing and reclaiming the Offender he is by this means more surely held and his Trouble and Pains much greater to get out of the Snare he hath run into He must be more thoroughly mortified before he will submit to such open Penance and Recantation and when it is over it s very being so well known will in all probability be a means to prevent his relapsing Lastly The more powerfully to deter others that they may not dare to run in that Wickedness which intangles Men with such great Difficulties and brings them to such open Shame Now as big and scornfully as our Adversaries look upon us I think I have proved that these are the Circumstances they are under and having done my endeavour to convince them of their Sin and Danger I know not what I can now do more or better for them than to pray to God to give them Repentance they have not only brought a Flourishing Church into a most miserable condition but have razed the very Foundations and set her on no Bottom she is not only lest at the discretion of the Secular Power but prostituted to the frantick Will and Humour of every Usurper which is little better than putting God's Church under the Devil's Protection The Breach of Promises and Oaths the renouncing our natural Allegiance and Canonical Obedience are made no Sins if the adhering to them should chance to bring us under any Inconvenience And thus the Doctrine of the Cross so particularly entailed on Christianity is huff'd and scoff'd out of Doors Men may join with the Devil to delude themselves and others but certainly God will visit for such Sins as these and sooner or later make such Sinners know themselves May God in Mercy give them a sight and sense of their Sins that they may repent and return and God's Judgments averted and our Breaches healed tho' I abominate the Crimes yet I have no ill-will to their Persons and wish them reconciled but as for the methodus reconciliandi I leave it to my Superiors the proper Judges who doubtless will faithfully assist and advise their Metropolitan how the Canon may be satisfied And provided that some sort of Reparation were made for the Dishonour done to God and his Church and the Wrongs done to the Lawful King I should very readily acquiesce in almost any Terms and rejoice to see an end oâ— the sad Thoughts of Heart caused by the Divisions of Reuben I had here concluded but that as I was penning these few Considerations News was brought me that after so long consulting and caballing Stillingfleet-Hody was come abroad laying about him like Goliah knocking down no less than 6 or 7 at once and making bolder Challenges than ever did that mighty Philistine I did think my self as to my present Subject out of his reach but not knowing what a Mad-man who lays about him at all Adventures might hit upon I procured the Book Now tho' his Principles well improved will vindicate any Villany or destroy any thing honest or true yet not finding my present Subject particularly affected I shall dismiss him and his Book with only some few Observations which may serve a little to stay honest Men's Stomachs till they can have a full Meal The Jackdaw in the Fable set out with the Peacock's Plumes did never strut and bristle at half the rate as doth this Vain-glorious Fellow and if every Bird should seize his own Feather he might be left as naked and ridiculous as was his Emblem The very Title is insolent and amazing For what honest or modest Man would discourse and set up for Sâ—es Vacant by an unjust or uncanonical Deprivation For if the Deprivation be uncanonical the Persons are not by Canon deprived if it be unjust the Law and I hope there may be some Law left tho' we have so little benefit of it affords every Man a Remedy against Injustice and will help him to recover his right against it and the very Plea which the Law assigns in this case is Ecclesia plena just opposite to his Vacancy But right or wrong if it be done by a Power irresistible there must be a Submission Now I would know what he means by irresistible for properly speaking perhaps only God is so but if by it he means a Power by any wicked means and in any wicked courses become Superior to us