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A49337 Of the subject of church power in whom it resides, its force, extent, and execution, that it opposes not civil government in any one instance of it / by Simon Lowth ... Lowth, Simon, 1630?-1720. 1685 (1685) Wing L3329; ESTC R11427 301,859 567

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and in these Church Debates only upon the forementioned ends and purposes to secure the common Reputation both of Men and Governors and to see that former Sanctions be not violated to judge as to Matter of Fact and what was Law and Canon before and that nothing destructive be admitted and imbodied into the Empire and which many times was deputed to the Bishops themselves as we have instance in the Comments of Jacob Gothofred in extravagans de judicio Episcopali ad finem Cod. Theodos l. 1. and to be sure the Empire never determined but by the Clergy in any thing else and the Enquiry was only this an Ordinavit Antiquitas that nothing thwarring was introduced and imposed Nor can Theodosius himself be supposed to have done any more from the Relation made of him by Socrates Hist Eccles l. 5. c. 10. or by Sozomen l. 7. c. 17. where he is engaged in Points of Faith and which is so much insisted on by those that resolve all Power into the Prince in the determining and composing all differences arising in Points of Religion Vid. Grotium bona fides Lubber●i 48. alibi Theodosius was an acute Man and pursued his own Satisfaction in those Points or Articles he made Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and all he did upon his search was this he concurr'd in the same Opinion with the Bishops receiv'd their Reasons offer'd and allow'd of the Grounds they proceeded on and imbodied in the Empire the Decrees of the Council call'd by him at Constantinople upon the occasion of the Arians and other Business in the Eighth Chapter of that Book of Socrates And so again in Sozomen he gives out his Rescripts for equal Honor to be given to the Persons in the Trinity and declares those Hereticks which do it not and enjoyns Theophilus to follow the Nicene Faith for which the antecedent Church Canon is the rule lib. 7. cap. 4 5. 9. THE Laws of the Empire against Hereticks § XX are many and for the Rule of Faith and its Unity and against their meetings in the exercise of their Fancies they are turned out of the Publick Churches and expell'd the Cities and whatever favour hath been obtained for a Penal-mitigation by bribed Courtiers misrepresenting for such it seems there always was and will be the Grant is to be actually void the Houses they meet in are Confiscated they that have frequented them are Punished an Hundred Pounds and such as continue at them Fifty no Man is to read their Books they are all to be burned none is to Petition in their behalf their last Testaments are voided they are not permitted to Buy or Sell or Trade as do other Men all their Gifts Endowments and Revenues settled on their Sects are transferr'd to the Churches use Such of them as set up Schools and Teach are to be animadverted upon Vltimo Supplicio to be sure by a Punishment greater than others and they that learn of them are to Pay Ten Pounds No Lay-man that is an Heretick is to have or exercise any Government lest they be vexatious to the Bishops and Christians all the Moderators Governors and Under-Officers in Provinces that neglect to execute these Laws or permit them to be violated are to have a Mulct of Ten Pounds laid upon them No Civil or Military Power is to assist them in erecting their quasi Ecclesias falsly called Churches Speluncas fidei suae under the Punishment of Twenty Pounds of Gold He that entertains a Conventicle in his House if vilis of the Plebeians he is to be beaten with Clubs if an Ingenuous Person his Punishment is Ten Pounds and if they go from their Conventicles to Mutinies and Sedition 't is present Death and to such as frequent them t is Proscription of Goods with many more Penalties assigned Some greater and some less as was the temper of the Law-Maker and the apprehended Guilt as greater or less the Heresie of more or less danger in Church or State even to some as the Manichees their Children were not to inherit but then who and what these Hereticks and Heresies were what made a Conventicle or Schismatical Meeting what constituted this Rule of Faith and Unity this was not the work of the Empire nor did it pretend to be Judge and Decide She believed as did the Church determine whose Traditions and Confessions received Strength and Autority thereby the Civil Arm and Power concurring but the Catholique Faith is the Rule and Praedicationem Sacerdotum the Instructions of the Priests the Director Nor is any one condemned by the Law but such as are Strangers to and neglect the Church who are first condemned by her and 't is what Antiquity has ordained appoints and constitutes That Faith which St. Peter the Apostle Preached at Rome and which was then follow'd there by Damasus the present Bishop and Peter Bishop of Alexandria Nectarius of Constantinople Pelagius of Laodicea Diodonis of Tarsis Amphilochius of Iconium Optimus of Antioch c. Men led by the Apostolical Evangelical Discipline and Doctrine farther taught and recommended in the Four first Councils Determinantibus Sacerdotibus the Bishops there determining and the Exposition of Synods by the Imperial Autority and Laws called together Sacram Communionem in Ecclesia Catholica non percipientes à Deo amabilibus Episcopis Haereticos justè vocamus Justinian Novel 109. Praefat. The Heresie in its own Nature consists here when they unite and hold Communion out of the Catholick Church not receiving of it from God's beloved Bishops and so Schism is defined 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Can. 31. Apost 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Can. 6. Concil Gen. Constantinop when they despise and make Assemblies contrary to their Bishops So also Can. 31. Concil 6. in Trullo Can. 10. Concil Carthag and more expresly yet Can. 10. Concil Antioch and which we have occasionally made use of before if any Presbyter or Deacon separate from the Church contemning his own Bishop and makes a Private Congregation or Altar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as in that 10th Canon Concil Carthag all which concerning Schism and Heresie and Conventicles with a great deal more may be seen at large and in every particular by whoso is conversant in the Canons and Church Proceedings and Determinations or which may be of more Autority with him at least not so lyable to Scorn and contempt to whoso pleases to read Cod. Justinian Tit. 1 2 3 4 5 c. Theodos 16 Tit. 1. l. 28. and in the several Titles and Laws with the various Novels and Constitutions treating expresly on these Subjects § XXI THERE are as many Laws and Directions Imperial concerning Ordinations the Person to be Separate and Consecrated to the Ministry of what Order soever whether Bishops Presbyters or Deacons perhaps many more as indeed they are very numerous giving Rules for Elections for the better discharge of their Duties providing against Symony for the daily Sacrifices and Ministerial Offices in the Liturgy and
in the Objection the several Acts are these That no one Canon of the Church have the force of a Law but what is appointed by such Inspector of the Canons as he shall name and appoint That no Appeals be made to Rome upon the Penalty and Danger contained and limited in the Act of Provision and Premunire made in the 16th year of King Richard II. That all the Canons not repugnant to the Laws of the Realm or to the Damage of the King's Prerogative Royal are to be used and executed as they were before the making this Act. That no license is to be required from the See of Rome for the Consecrating and Investiture of Bishops That 't is in the King alone to nominate and present them That the Pope has no Power in Spiritual Causes to give Licenses Dispensations Faculties Grants c. all this is to be done at home by our own Bishops and in our own Synods and Councils cap. 21. and this Provision is particularly made Sect. 19. ibid. provided that this Act or any thing or things herein contained shall be hereafter interpreted or expounded that your Grace your Nobles and Subjects intend by the same to decline or vary from the Congregation of Christ's Church in any thing concerning the very Articles of the Catholick Faith of Christendom or in any other things declared in Holy Scripture and the Word of God necessary for yours and their Salvation but only to make an Ordinance by Policies necessary and convenient to repress Vice And for good conservation of this Realm in Peace Vnity and Tranquility from Ravine and Spoyl insuing much the old ancient Customes of this Realm in that behalf not minding to seek for any Relief Succor or Remedies for any worldly things and humane Laws in any case of necessity but within this Realm at the hands of your Highness your Heirs and Successors Kings of this Realm which have and ought to have an Imperial Power and Autority in the same and not obliged in any worldly Causes to any Superior § VII IN the 26th year of his Reign cap. 1. when declared Supreme Head of the Church of England in Parliament as before recognized by the Clergy the Power he thereby is invested with is also declared viz. To visit redress reform order correct restrain and amend all such Errors Heresies Abuses Offences Contempts and Enormities whatsoever they be which by any manner of spiritual Autority or Jurisdiction ought or may lawfully be reformed repressed order'd redressed corrected restrained or amended most to the pleasure of Almighty God the increase of Virtue in Christ's Religion and for the conservation of Vnity Peace and Tranquility of this Realm cap. 14. he appoints the number of suffragan Bishops the Places of their residence and the Arch-Bishop is to consecrate them In the 28th year of his Reign cap. 10. The King may nominate such number of Bishops Sees for Bishops Cathedral Churches and endow them with such Possessions as he will In the 31th year cap. 14. he defends the Doctrine of Transubstantiation the Sacrament in but one kind enacts that all Hereticks be burnt and their Goods forfeited that no Priest may marry for Masses Auricular Confession c. in the 34 5. cap. 1. recourse must be had to the Catholick Apostolick Church for the decision of Controversies And therefore all Books of the Old and New Testament in English being of Tindal 's false Translation or comprising any matter of Christian Religion Articles of the Faith or Holy Scripture contrary to the Doctrine set forth sithence Anno Domini 1540. or to be set forth by the King shall be abolished no Printer or Book-seller shall utter any of the said Books no Persons shall play or interlude sing or rhime contrary to the said Doctrine no Person shall retain any English Books or Writings concerning Matter against the holy and blessed Sacrament of the Altar or for the maintenance of the Anabaptists or other Books abolished by the King's Proclamation There shall be no Annotations or Preambles in Bibles or new Testaments in English the Bible shall not be read in English in any Church no Women c. to read the New Testament in English nothing shall be taught contrary to the Kings Injunctions and if any spiritual Person preach teach or maintain any thing contrary to the King's Instructions or Determinations made or to be made and shall thereof be convict he shall for his first Offence recant for his second abjure and bear a fagot for the third he shall be adjudged an Heretick and be burnt and loose all his Goods and Chattels In the 37. year cap. 17. The full Power and Autority he hath by being Supreme Head of the Church of England is To correct punish and repress all manner of Heresies Errors Vices Sins Abuses Idolatries Hypocrises and Superstitions sprung and growing within the same and to exercise all other manner of Jurisdiction called Ecclesiastical Jurisdiction Sect. 1. and Sect. 3. 'tis farther added To whom by Holy Scriptures all Authority and Power is wholly given to hear and determine all manner of Causes Ecclesiastical and to correct Vice and Sin whatsoever and to all such Persons as his Majesty shall appoint thereunto And so far is all this from deriving to himself and exercising any thing of the Priest-hood that he is totidem verbis declared and reputed only a Lay-Man in the first Section of that Chapter nor do any one of these Instances here produced amount to any more than to the defending and guarding by Laws Truth and punishing and repressing Errors whether in Doctrines or in Manners at least such as are so reputed by the Church and State § VIII 'T IS true and easily observable that just upon the assuming to himself the Title of the supreme Head of the Church there was ground enough for suspition that the Church her self and all her Power was to be laid aside and whereas the reason and end of every particular Parliament before and of each of his till then is still said to be for the honor of God and holy Church and for the Common-Weale and Profit of this Realm 't is abated and said only for the honor of God and for the Common-Weale and Profit of this Realm the benefit of holy Church is in words at least left out and in the room of it is once added to the conservation of the true Doctrine of Christ's Religion As if the design was according to the Models now adayes framed and endeavour'd by private Persons to be set up That the care was to be only of Doctrines in which and in charity and love and abatements to one another the Essence of Church-Unity in general and each Christian with another consists But yet however this so hapned or upon what design either in himself or others 't is certain he abridged not the Church-Men of any one Instance of that Secular worldly Power as that of the supremacie derived unto them is called 25
Oath we make Princes the only supreme Governors of all Persons in all Causes as well spiritual as temporal utterly renouncing all foreign Jurisdictions Superiorities and Autorities upon which Words mark what an horrible Confusion of all Faith and Religion ensueth if Princes be the only Governors in Ecclesiastical Matters then in vain did the Holy Ghost appoint Pastors and Bishops to govern the Church if they be Supreme then they are superior to Christ himself and in effect Christ's Masters if in all Things and Causes spiritual than they may prescribe to the Priests and Bishops what to preach which way to worship and serve God how in what Form to minister the Sacraments and generally how Men shall be governed in Soul if all foreign Jurisdiction must be renounced then Christ and his Apostles because they were and are Forreigners have no Jurisdiction nor Autority over England But this is what only the ill Nature and Malice of our Adversaries would have us to believe and assert and give out to the World we do 't is what is and all along has been repell'd with scorn and indignation both by our Princes in their single Persons and in their Laws in Parliament and though some of our Divines have wished the Oath had been more cautiously Penn'd and think it lies more open to little obvious Inferences of this nature than it needs and which amuse the unwary less discerning Reader yet all own and defend it as to the substance and design and intent of it and which is throughly and sufficiently done by the learned Warden in this Treatise as appears by this Specimen or shorter account is now given of it and he that peruses the whole Treatise will find more and John Tillotson Doctor in Divinity and Dean of Canterbury is if not the only yet one professed conforming Divine in our Church that publickly from the both Pulpit and Press has given the Romanist so much ground really to believe we are such as they on purpose to abuse us and delude others give it out we are and complyes so far with their Objection and Calumny just now recited as by Philander drawn up against us gives so much of Force and Autority to it § XIX BISHOP Sanderson in his Treatise now mentioned has a different task from Bishop Bilson the one was to vindicate the Prince that he invades not the Church the other the Bishops or Church that from usurping on the Prince Bishop Sanderson among many other things urged by him and as his Subject requires is express in these Particulars pag. 121. That there is a supreme Ecclesiastical Power which by the Law of the Land is established and by the Doctrine of our Church acknowledged to be inherent in the Church pag. 23. That regal and Episcopal Power are two Powers of quite different kinds and such as considered purely in those things which are proper and assential to either have no mutual relation unto or dependance upon each other neither hath either of them to do with the other the one of them being purely spiritual and internal the other external and temporal albeit in regard of the Persons that are to exercise them or some accidental Circumstances appertaining to the exercise thereof it may happen the one to be some wayes helpful or prejudicial to the other pag. 41. that the derivation of any Power from God doth not necessarily infer the non-subjection of the Persons in whom that Power resideth to all other Men for doubtless the power that Fathers have over their Children Husbands over their Wives Masters over their Servants is from Heaven of God and not of Men yet are Parents Husbands Masters in the exercise of their several respective Powers subject to the Power Jurisdiction and Laws of their lawful Soveraigns pag. 44. The King doth not challenge to himself as belonging to him by virtue of his Supremacy Ecclesiastical the Power of ordaining Ministers excommunicating scandalous Offenders the power of Preaching adminstring Sacraments c. and yet doth the King by virtue of that Supremacy challenge a Power as belonging to him in the right of his Crown to make Laws concerning Preaching administring the Sacraments ordination of Ministers and other Acts belonging to the Function of a Priest pag. 69 70 71. it is the peculiar reason he gives in behalf of the Bishops for not using the King's Name in their Process c. in the Ecclesiastical Courts the occasion of the whole discourse and which cannot be given for the Judges of any other Courts from the different nature and kind of their several respective Jurisdictions which is That the Summons and other Proceedings and Acts in the Ecclesiastical Courts are for the most part in order to the Ecclesiastical Censures and Sentences of Excommunications c. the passing of which Sentences and others of the like kind being a part of the Power of the Keys which our Lord Jesus Christ thought sit to leave in the hands of the Apostles and their Successors and not in the hands of Lay-Men The Kings of England never challenged to belong to themselves but left the exercise of that Power entirely to the Bishops as the lawful Successors of the Apostles and Inheritors of their Power the regulating and ordering of that Power in sundry Circumstances concerning the outward exercise thereof in foro exteruo the Godly Kings of England have thought to belong unto them as in the Right of their Crown and have accordingly made Laws concerning the same even as they have done also concerning other Matters appertaining to Religion and the Worship of God but the substance of that Power and the Function thereof as they saw it altogether to be improper to their Office and Calling so they never pretended or laid any claim thereunto but on the contrary renounced all claim to any such Power or Autority And for Episcopacy it self the Bishop sets down his opinion in a Postscript to the Reader the words are these My opinion is That Episcopal Government is not to be derived merely from Apostolical Practice or Institution but that it is originally founded in the Person and Office of the Messiah our Blessed Lord Jesus Christ who being sent by his Heavenly Father to be The great Apostle Heb. 3.1 Bishop and Pastor 1 Pet. 2.25 of his Church and anointed to that Office immediately after his Baptism by John with Power and the Holy Ghost Acts 10.37 38. descending then upon him in a bodily shape Luk. 3.22 did afterwards before his Ascension into Heaven send and impower his holy Apostles giving them the Holy Ghost likewise as his Father had given him in like manner as his Father had before sent him Joh. 20.21 to exercise the same Apostolical Episcopal and Pastoral office for the Ordering and Governing of his Church until his coming again and so the same office to continue in them and their Successors unto the Worlds end Mat. 28.18.20 this I take to be so clear from these and other like Texts of
are of or are esteemed in such the Church and then what astonishment must it be to good minded Men what even Epicurism to Evil that do now or shall hereafter read or hear the great and received Names of Tillotson and Stillingfleet these following Positions That all Church-Power as from Christ has ceased with Miracles and is to be accounted so to have done That Christ Jesus is not to be Preached if the Magistrate and Law forbid it That to pretend a Power to Preach as from Christ and not to go into Spain or Turky and there Preach is gross Hypocrisie That 't was the Sense of Bishop Cranmer c. and the Bottom and Principle on which he and the other Bishops proceeded on in the Reformation and was after made Law in the Kingdom That the King has a Power to Ordain Bishops to Baptize to Excommunicate and do all Pastoral Offices in his own Person or devolve it on others and this is not only from a mistaken M SS but by unfaithful Copying it out and representing it to the World and which brings more guilt occasioning it to be Printed thus Imperfect among the Records of the Church in Doctor Burnet's Church History and abusing the House of Commons to a Publick Approbation of it giving to the Church of Rome what their Emissaries have all along been still gibing us with and fathering upon us but till by you repelled with Scorn That it hath been the continued Judgment of our succeeding Bishops ever since That a Bishop's Power is not solitary and apart from that of a Presbyter with many more of the like Nature And for the severing these your private Opinions and particular Errors from the Doctrines of the Church of God and rescuing her from the great Scandal of them she must or may undergo I have engaged in that so laborious a Work began at our Saviour and his Apostles descended by the Bishops Doctors and Fathers of the Church Catholick the Church Historians Councils and Laws Imperial our own particular Church Canons Rubricks Book of Ordination our own Doctors and Writers in their times the Injunctions and Declarations of our Princes the Statute-Book of our Kingdom all which come in as one Evidence against them you have still time to do it and right your selves and satisfie the Church of God in your own Persons removing the reproach occasioned by you in an acknowledgment of the Error for my Book is not yet in the Press and which if you 'l engage to do I do here indent back again to expunge whatever concerns or but mentions you in it If not I must do you and the Church of God right and will but if upon this fair and Christian notice you shall not think meet to retract these your Assertions that I have animadverted upon yet I shall acquit my self to the World that I have done what my Conscience and sense of Duty and Obligation arising from my Profession has engaged me to I cannot think a concern for the Honour and Reputation of one or two Persons though seeming to be somewhat and Pillars ought to be esteem'd as that of the whole Church of God or that I ought to put their private concerns into the bottom with it I am Sir Your humble Servant Simon Lowth May 1. 1683. THE CONTENTS The Introduction THe Occasion of this Discourse Sect. 1. Not the Power and Offices of the Church but their Subject is what mostly exercises the Age Sect. 2. Whether the Power be originally in Believers in Common or in the Secular Prince in Particular or in a certain Definite Number of Believers the Bishops and Pastors of the Church Sect. 3. The Design of the Whole and its Three General Heads Sect. 4. CHAP. I. CHurch Power is not in the People either as a Body in General or as one Single Congregation Sect. 1. This Power must first evidence it self to be given from God e're executed on or derived to others Holiness in its Nature does not infer it The Priesthood not made Common before the Law under it or the Gospel Admit that first Right by Nature to all Things and Offices 't was to be sure afterwards limited and those that lay it open again must shew by what Autority they do it Otherwise Fanaticks in the sense of St. Jerome Sect. 2. The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 infers no such Power Sect. 3. The Peoples concurrency gives no Power even where their Votes are pretended to in the New Testament Sect. 4. Election and Vocation differ from Ordination in the Practice of our Saviour and first Ages of the Church still expressed by several words Sect. 5. The Votes of the People give no Power but yet are necessary because none is given without them both the People and Pastors are Christ's Vicars in the Case So Beza Blondel Sect. 6. Our Saviour's Practice and the Apostles are against them Sect. 7 8. That the People were not always at Elections Blondel allows He is contrary to himself Their Votes never reputed necessary and at last excluded quite by reason of the Riots and Disorders in them Sect. 9. The concurrency of 12 Centuries down from the Apostles amount to a Divine Right Blondel's failure of it His injury to his Friends In what case Apostolical Ecclesiastical Practice is not immutable The ill Consequences attending his Power given to the People His Malice to the Order of Bishops Disreputing Christianity it self 'T is unpardonable in the French Reformation imposing their present harder necessity for our pattern The Deacon and Presbyter under the Bishop but neither in Subordination to the People Sect. 10. And this they do in point of Episcopacy also And we must have no Bishops in England because they have none in France and which is promoted by the advantage of the Rebellion and Schism among us Blondel offer'd his Service before to the Bishops of England but then he Prints his Apologia pro Hieronymo Dedicates it to the Rump Parliament and Assembly-Men Is nauseous in his Flatteries of both Commends the Scotch Covenant Is rude upon Bishops Soliciting their Ruine This the Sense of the Divines on that side the Sea Salmasius raves just so The Independents murder'd the King The Bishops not the Authors of all Heresies as black-mouth'd Baxter Andrew Rivet and so does Dailee Ignatius suffers for it He and Marcian and Valentinius compared Their few Complements does not acquit them We only lose by our Charity towards them The disadvantage thereby from our own Members The late Replyer upon Bishop Pearson and Doctor Beveridge is the same The late Letters from Paris Sect. 11. The People are only Witnesses of the good lifes of the Ordained Blondel's own Collection and the Autority of Cyprian is all along against him The Church Canons Our Ordinations at home The nature of the thing it self Sect. 12 13. The People are not to choose or refuse their Pastor as Blondel rudely and unreasonably contends with his usual Malice against Bishops and our
more private her Majesty declares in Parliament this very same thing in her first year Cap. 1. Sect. 14. Provided also that the Oath expressed in the said Act made in the first year shall be taken and expounded in such Form as is set forth in an Admonition annexed to the Queens Majesties Injunctions Published in the first year of her Majesties Reign that is to say To confess and acknowledge in her Majesty her Heirs and Successors none other Autority than that was challenged and lately used by the noble King Henry VIII and King Edward the VI. as in the said Admonition more plainly may appear § XI KING James who is next comes up to the same Point and in his Proclamation before the Articles of Religion thus declares That We are the Supreme Governor of the Church of England and if any difference arise about the external Polity concerning Injunctions Canons or other Constitutions whatsoever thereunto belonging the Clergy in their Convocation is to order and settle them having first obtained leave under Our Broad Seal so to do We approving their said Ordinances and Constitutions provided that none be made contrary to the Laws and Customs of this Land That out of Our Princely Duty and Care the Churchmen may do the Work that is proper for them the Bishops and Clergy from time to time in Convocation have leave to do what is necessary to the settling the Doctrine and Discipline of this Church SO that I think no more need be said to § XII satisfie any reasonable Person that the King and the Church are two distinct Powers in the sense of the Statute Book or in Parliament Language nor do our Kings interpose in Religious Matters any otherways than to make Religion Law what the Church in Convocation determines and recommends as the Tradition of Faith as agreeing to the Holy Scriptures and the Collections of the Ancient Fathers and Holy Bishops therefrom and to the guarding it with Penalties to be inflicted on such as oppose and violate it just as the first Christian Emperors did Nor can our Religion since the Reformation be any otherwaies called a Parliament Religion then it might have been called so before where the same Secular Power is equally extended and executed as in case of the Lollards certain supposed Hereticks Subverting the Christian Faith the Law of God and the Church and Realm to the extirpating of them and taking care that they be punished by the Ordinaries II. Henry V. Cap. VIII and so before IV. Henry IV. Cap. XV. where the Laws are these None shall Preach without the License of the Diocesane of the same place None shall Preach or Write any Book contrary to the Catholick Faith or the Determination of the Holy Church None shall make any Conventicles of such Sects and wicked Doctrines nor shall favour such Preachers Every Ordinary may Convent before him and Imprison any Person suspected of Heresie An obstinate Heretick shall be burnt before the People And VI. Richard II. Cap. V. Commissions are directed to Sheriffs and others to apprehend such as be certified by the Prelates to be Preachers of Heresies their Fautors Maintainers and Abettors and to hold them in strong Prison until they justifie themselves according to the Laws of Holy Church And which is more remarkable in the II. and III. of this King Cap. VI. the choice or Pope Vrban is made Law and confirmed in Parliament and 't is by them Commanded that he be accepted and obey'd But does the Pope of Rome therefore return and owe his Autority to the Parliament of England how would they of Rome scorn such a thing if but insinuated and yet the Act of Parliament was in its design acceptable and advantageous to them they had the Civil Autority thereby to back and assist them as occasion and which might work that Submission to the present Election his Holinesse's Bulls could not do at least so readily and effectually That this Nation did always understand the outward Policy of the Church or Government of it in foro exteriori to depend upon the Prince a learned Gentleman late of the County of Kent Sir Roger Twisden Knight and Baronet has given a very satisfactory account to them that will receive any in his Historical Vindication of the Church of England in Point of Schism c. Cap. 5. practised by the best of Kings before the Conquest Ina Canutus Edward the Confessor whose Praises are upon Record in the Romanists account of them and the last a Canonized Saint and to which they were often supplicated by the most Holy Bishops Upon the same Grounds are we to laugh at their Folly or Madness or rather Malice when they taunt us with a Parliament-Religion which has only the benefit of the Government for its Protection and our Kings do but that Duty is laid upon them by St. Paul take care that under them we may lead a quiet and peaceable life in all Godliness and Honesty Christianity it self ever since Constantine's time may be as well reproach'd that it was Imperial or which is in effect the same Parliamental Since the Empire was Christian and defended it nay while it was Heathen for some particular Emperors upon some occasions have adhered to and protected it and that it had no other bottom than Reasons of State and a worldly Complyance and the lewd Pen of Baxter in his Prophaner History of Bishops c. Cap. 1. Sect. 37. gives the same account of the Church's increase under Constantine on the score of Temporal Immunities That a Murderer that was to be hang'd if a Christian was but to be kept from the Sacrament and do some confessing Penance c. for those Governors then assum'd the same Power in Religious Matters as have done our Kings since the Reformation as must appear to him that compares the two Codes Novels and Constitutions at large or if hee 'l not take that pains the Abridgment is made above with our Statute Book both which only take care that the Religion receiv'd and own'd in the Church and by Churchmen be protected and every Man in his station do his Duty in order to it if the common words in the Statutes carry the usual common sense and are to be apprehended by him that is not a common Lawyer and which the Author of these Papers does not pretend to be § XIII ONLY Mr. Selden inrodes us here again and comes quite cross too against us he tells the World other things That Excommunication in particular and then they may as well do all the rest is what belongs to the Parliament and which has actually Excommunicated and the Bishops are impower'd only by Parliament to proceed in the like censures and but by a Derivation from both Houses he says in plain terms that all Power and Jurisdiction usually call'd Church Power and Jurisdiction is originally and immediately from the Secular and this he thinks he has demonstrated from several Acts of Parliament to this purpose
it self was not thought to be concerned 't was what was reputed only secular and the most eminent and very near all the Bishops were zealous Sticklers against the Pope or at least submitted to it then when zealous for the Roman Catholick Religion Doctrines and Worship and to which they adhered in King Edward's days and Queen Elizabeth's when the Reformation went on farther and was settled as now by Law in the Church The Supremacy was not then the Characteristical Mark though since to keep up the Parties it is so and which occasioned that warm Dialogue betwixt the Jesuite and Doctor Bilson of which I have given so large an account already the Doctor 's design being to vindicate our Church from the Opinions of Erastus urged in effect upon us by the Jesuite and that by asserting the Prince Supreme in all Causes over all Persons we give not to him any thing that is Church-Power enstated by Christ on the Apostles and by them derived to the Bishops their alone Successors herein this being thus settled and over-ruled against the Romanist another Enemy Man comes with his Tares and which are scattered in the seed-Plot and grow up together with it the Puritan starts up in the midst of us and the Point is That this Power of the Keys is in the Presbytery their Eldership made up of Lay-Men mostly call'd Lay-Elders and these for the greatest part as must be in abundance of Parishes Mechanicks and the meaner sort who have the Power of laying on of Hands Ordaining and Excommunicating nay more these inconsiderable Persons are not only invested with the Power of Bishops and Church-Men but with that Power and Supremacy is by us given to the Prince to Preside over and Govern all Persons and Causes by Process to Cite Summon and Convene before them to implead acquit or condemn amerce or punish even to confinement in their Consistories and no Cause or Person to be exempted if manageable in order to Religion they emulate and succeed the Pope himself and in the highest instances of his pretended Power and Soveraignty even to Summon and Censure Kings of whom Personal Attendance is required now against this it is these Worthies change and wield their Weapons accordingly as a good Fencer is ready at all against these New Popes as they call them and whoso please may read in Bishop Bancroft's Survey of the pretended holy Discipline cap. 22 23 24 25. and in his Book of Dangerous Positions and Proceedings published and practised within the Island of Britain under pretence for Reformation and for the Presbyterial Discipline In Bishop Bilson's Perpetual Government of Christ's Church Cap. 9 10. and Bishop Whitgift's Defence of the Answer to the Admonition Tract 17. pag. 627 628 629 630 c. against these it is their warmth and Argument is spent in Defence of the Rights of the King and Church in scorn and detestation of such those pretending Ignaro's Their words are these with a deal more to this purpose As though Christ's Soveraignty Kingdom and Lordship were no where acknowledged or to be found but where half a dozen Artisans Shoo-makers Tinkers and Taylors with their Preacher and Reader Eight or Nine Cherubins forsooth do rule the whole Parish So Bancroft Dangerous Positions c. l. 2. c. 2. That the King must submit to the Pastor and be content to be joyned in Commission with the basest sort of People if it please the Parish to appoint him and if over-ruled must be contented and the Prince loses all Autority in Ecclesiastical Matters and he must maintain and see executed such Laws Orders and Ceremonies as the Pastor with his Seniors shall make and decree So Bishop Whitgift ibid. p. 656 657. That the Church-warden and Syde-men in every Parish are the meetest Men that you can find to direct Princes in judging of Ecclesiastical Crimes and Causes a wretched state of the Church it must be that shall depend on such silly Governors as Husbandmen and Artisans Ploughmen and Craftsmen and we descend to the Cart for advice in Church-Government So Bishop Bilson Perpetual Government Cap. 10. and if thus in behalf of the Regal and Sacerdotal Power the Magistracy and the Ministry and which are the only Governors of the Church of Christ as they contend against these monstrous sort of People with their High-shoo'd feet and Clowns hands invading both the King and the Church be set as one man to oppose them and their distinct Powers not so nicely and distinctly stated at one time as they are and require an another and appear but as one Weapon that with present advantage it may be wellded against them this is to be imputed to the warmth and zeal of the Disputant whether as Aggressor or Defendant his settled particular judgment is to be fetch'd from his particular designed Decision and Determination in other Cases and when the naked Cause is alone and before him the immediate proper object of his Consideration and it must be confessed neither do I believe the great reason and choicer learning of that excellent Prelate were he now alive again could upon second thoughts extricate himself that Bishop Bilson's Argument against Lay-Elders Cap. 10. Pag. 148. and which Robert Parker so much twits him with is wide of a Conclusion and very ill laid it runs thus I cannot conceive how Lay-Elders should be Governors of Christ's Church and yet be neither Ministers nor Magistrates Christ being the Head and fulness of the Church which is his Body governeth the same as a Prophet a Priest and a King and after his Example all Government in the Church is either Prophetical Sacerdotal or Regal the Doctors have a Prophetical the Pastors a Sacerdotal and the Magistrates a Regal Power What fourth Regiment can we find for Lay-Elders All that can be said is this there appear'd an Argument against a Lay-Elder he was thought thus shut out from having any Place or Power as from Christ not considering the ill distribution of the offices of Christ in general and his bad-placed Successions and more especially the worser consequence that must attend a deriving the Magistrates Power from the Mediatorship and 't is what neither Whitgift nor Bancroft did Consider As a King Priest and Prophet he erected and settled his Church on Earth by virtue of that Commission and All Power given him of the Father Mat. 11. but he did not as such meddle with the Kingdoms on Earth as the Mediator he was himself a Subject and professed and practised Subjection and Obedience demanded only the Subjects right Protection by the Government he found established in the World by his Father But however the present Argument was wrong laid and whencesoever the Magistrates Power is derived 't is all along and by them all supposed and maintained quite different and apart from that of the Ministry or the Priesthood and they are asserted two quite diverse offices and their Powers do not reach to one another I 'le only now instance