By the Acts of some pious Emperors cassating the Decrees of some Ecclesiastical Synods as particularly Theodosius the Decrees of the second Ephesine Council 3. ε. ε By many precedents of later Christian Princes and amongst them the Kings of England before Henry the Eighth vindicating such Rights of Princes against the Pope But indeed none of these well examined will bear the weight they charge on them To α. The first Instance which is the main To α. Habuerunt Reges § 43 saith Bishop Andrews Tort. Tort. p. 379. in vetere Testamento primatum suum atque inde Nervi lacerti causae nostrae in novo autem deteriore jure non sunt It is willingly granted 1. That Princes may reform and that as Supremes in the exercise of their Civil Power in matters of Faith and Religion 2. May reform as Bishop Andrews would have it Ibid. p. 365. Citra Declarationem Ecclesiae without any Declaration of the Church at that time in Doctrines of the Church known and undisputed and formerly declared as those things the Kings of Judah reformed in were and justly are Princes blamed for any their neglect in this the duty of their Place and wherein their Secular Power is much more effective of a thorow Reformation than the Priest's 3. May reform the Clergy too such as sound in the Faith neglect their Duty or also are fallen from that Faith which is taught by that Church that is the Canonical Judge of such Controversies and Princes in punishing such Clergy are to be accounted Assistants to the Church 4. May reform this Clergy tho these a greater number than those professing the Catholick Faith because the legislative Church-power remains not in these separated and excluded tho the more but only in the whole or in the major part of the Catholick party easily discernable from the Apostates as were those deserting Moses's Laws and changing the former Divine Service and but a few at the first Only it is contended that never may Princes so reform against that Body of the Clergy which is the Canonical Judge of Controversies in matters of Faith nor can it beproved that the Godly Kings of Judah did so either that they reformed all the Priests or the High-Priest who was always their Guide in matters of Religion or reformed the People against them or reformed the People at least without them § 44 The chief Reformations were made by David Jehosophat Hezekiah and Josiah And in all these we find an Orthodox Clergy Co-adjutors and Con-reformers and the Prince rectifying nothing in them but with them and if the King's Actions appear in the Book of Kings or Chronicles more set forth than their's it is because it is an History of the Acts of the Kings not of the Priests When after the flourishing times of the Church under David and Solomon in Jeroboam's Reign Israel fell away yet the Priests and Levites revolted not with the People but leaving their Cities and Possessions went over to Judah See 2. Chron. 11.13 14. 13.9 15.9 and new Priests were made by Jeroboam for his new Worship Afterward we find these Priests and Levites assisting Jehosaphat in his Reformation 2. Chron. 17.7 8. and 19.8 9 10. In the times of Ahaz's Apostacy these Aaronical Priests were excluded the Doors of the house of our Lord shut up 2. Chron. 28.24 and new Priests not descended from Aaron called Chemarim consecrated with many Sacrifices and ordained for the new idolatrous Worship of whom see 2. King 23.5 Zeph. 1.4 Hos 10.5 Ezech. 44.8 To whom I will not deny but that some also of Aaron's race joined themselves But after this we find Hezekiah's Reformation in the very beginning of his Reign assisted with the Orthodox Clergy 2. Chron. 29.11 12. c. He opened the doors of the Lord saith the Text 2. Chron. 22.3 4 c. and brought in the Priests and the Levites viz. whom Ahaz had excluded not long before Afterwards these Priests of the Lord being excluded again from officiating in a greater persecution of Manasses Yet by him at last repenting we find them also restored and officiating in the Temple before Josiah's time 2. Chron. 33.16 And in the next Chapter 2. Chron. 34. Josiah perfected the Reformation which his Grand-father had begun by their Assistance and particularly by that of the High-Priest Hilkiah who also found in the Temple the Book of the Law this in those times at least entire being very rare and communicated it to the pious Prince who had neither seen it nor heard it read before this Eighteenth Year of his Reign and therefore must formerly have learnt God's Service and the true Religion to which he now so zealously reformed the People not from the Scriptures but from the Priests Neither were any of those Priests and Levites that assisted King Josiah such as had before Apostatiz'd under Manasses in that Josiah would permit none of those Levitical Priests who had formerly offered Sacrifices in the High-Places tho these to the God of Israel afterward to officiate at the Lord's Altar in Jerusalem but only indulged them their Diet with the rest of the Priests See 2. King 23.7.9 This Good King Josiah was the last Reformer And if the Clergy after this fell away in a much greater number so did the Princes too much more irrecoverably But in those times also when it is said 2. Chron. 36.14 That all i.e. very many as it is not unusual in Scripture of the chief of the Priests and of the People transgressed very much after all the abominations of the Heathen yet a remnant still there was that remained Catholick whom the rest now being Extra Ecclesiam King and People were obliged to obey in Spiritual matters a remnant I say Catholick as appears out of Ezekiel who began his Prophecy some few years before the Captivity where Ch. 44.15 The Lord having condemned the lapsed Priests or Levites to lower service saith of these But the Priests the Levites the Sons of Zadoc either of Zadoc mentioned 1. King 2.35 c. And 1. Chron. 6.8 or of Sadoc mentioned 1. Chron. 6.12 Grand-father to Hilkiah the High Priest in Josiah's time that kept the charge of my Sanctuary when the Children of Israel went astray from me they shall come near to me to minister unto me c. Some Priests therefore there were thro all those evil times whom God accepted and owned and who stood firm as to the Faith tho many of these guilty of great neglect of their Duty of Covetousness and several other Vices and particularly of undertaking to foretel Good things to a Wicked people instead of exhorting them to Repentance and of persecuting the true Prophets who foretold things bad which rendred them the frequent subject of the Prophet's complaints See Jer. 23. c. § 45 This that all the Princes Reformations in the State of Judah that are instanced-in were done with the Priest's consent and assistance none against them And if instead
to help themselves I cannot determine By what is said it may appear how improper the foresaid Instances are to prove in Christian Princes a Power to reform the supposed Errors of the Clergy in their Doctrines of Faith or Manners the second thing they have urged § 50 3. Again They urge That it is not fit nor safe that the Clergy should be able by their Constitutions and Synodical Acts to conclude both Prince and People in Spiritual matters until the Stamp of Royal Authority be imprinted on them Dr. Heylin Reformation Justified p. 86. Dr. Fern Exam of Champ. p. 295. Where were the Princes knowledge and assent required only on this account relating to the State that so nothing be passed in these Synods prejudecial to his Civil Rights it is willingly allowed but if required on another account relating to Religion that so he may prohibit and suppress so much of them as is not evidenced to him to be juxta legem Christi or as he apprehends is also against it of which thing he is not the Judge yet which hath been the Pretence of reforming Princes medling with the most speculative points in Divinity it seems not reasonable And thus an Heretical Prince will strangle as he pleaseth within his Dominions the Catholick Verities § 51 4. They urge the case of the Act of a National Clergy passing away their Spiritual Authority to a Sccular Prince 4. and investing him or whom he shall nominate and elect with that Power which formerly they enjoyed in their own capacity After which they say the Princes Act or their's he nominates have virtually the power of the Clergy or their Synod and do oblige as much as if they in terminis had agreed upon it To give you it in Dr. Heylin's words Reform Justified p. 89. The Kings of England saith he had a further Right as to this particular which is a Power conferred upon them by the Clergy whether by way of Recognition or Concession I regard not here by which the Clergy did invest the King with a supreme Authority not only of confirming their Synodical Acts not to be put in Execution without his consent but in effect to devolve on him all that Power which formerly they enjoyed in their own capacity amongst which Powers p. 85. he nameth this to reform such Errors and Corruptions as are expresly contrary to the word of God And to this we have a parallel Case in the Roman Empire in which the Supreme Majesty of the State was vested in the Senate and People of Rome till by the Law which they call Lex Regis they transferred all their Power on Caesar and the following Emperors which Law being past the Edicts of the Emperors were as binding as the Senatus-Consulta had been before The like may be affirmed of the Church of England The Clergy had self Authority in all matters which concerned Religion and by their Canons and Determinations did bind all the Subjects till by acknowledging King Henry the Eighth for their supreme Head and by the Act of Submission not long after follwing they transferred that Power upon the King and his Successors After which time whatsoever the King or his Successors did in the Reformation as it had virtually the Power of the Convocation so was it as good in Law as if the Clergy in their Convocation particularly and in terminis had agreed upon it Thus Dr. Heylin And upon this ground and title it was that the XLII Articles since reduced to XXXIX were first introduced into the Church of England being composed by certain Persons appointed by the Prince and then without any review or Confirmation of the Synod published as the Act thereof as appears by Philpot's Plea and arguing in the Synod 10. Mariae when the Clergy questioned these Articles and subscribed that they were wrongfully entitled to the Synod which had never passed them See for this matter Fox Act p. 1282. And Ib. p. 1704 Arch-bishop Cranmer's Tryal And Fuller's Hist Ecclesiast 7. l. p. 420. And Dr. Fern Exam. Champny p. 74. § 52 To all which may be answered That the Canons of the Church permit no such Translation of the Clergy's Authority to the Secular Power neither yet is the supreme Power of composing or changing Articles of Faith and Religion or making other Ecclesiastical Laws as to any Nation vested in the National Synod thereof as appears at length from the Sub-ordinations of Clergy both Persons and Synods in the Catholick Church which in several States is only one for preserving of the Churches Faith and Government for every in unity of which see more Head 6. Thes 1. c. 2 Discourse concerning the Guide in Controversies § 24. c. Consid on Council of Trent § 9. c. And so such National Synods cannot give away what they have not Nor were it so have they any Power of Alienating this Authority for which they are personally set a part from the rest of the world by our Lord with a successive solemn Ordination and of which well or ill managed they themselves must give account to our Lord No such Power of Alienation being contained in the original Grant thereof But if without such express Licence they can give away some Part to the Laity where also no necessity is pretended then why not any part of their office and so depute Laicks to ordain Ministers also and consecrate the holy Encharist To which may be added That no part of the Clergy Duty depends more on their personal Abilities and long preparation by study then this we speak of The composing of Articles and Canons the reforming of Errors c. Least of all therefore seems this committable to the Prince either that he himself should perform it whose Regal imployments require a far different Education or that he should delegate it to others by which the Clergy authorizeth they know not whom perhaps some persons heretical if such happen to be Favourites of the Prince to establish in Religion the Clergy knows not what for this Concession is made by the English Clergy without any Reservation of a Revisal § 53 5. They urge to give you it in Bishop Bramhal's words Vindic. of the Church of England 5. p. 257. ' That since the Division ' of Britain from the Empire i. e. since Brittain's being governed by Princes of its own who therefore in their Territories have the same Authority that the Roman Emperors formerly had in the Empire See Dr. Hammond Schism p. 124. No Canons are or ever were of force with us further then they were received and by their incorporation became Brittannick Laws Which as they cannot or ever could be imposed upon the King and Kingdome by a forreign Patriarch by constraint so when they are found by experience prejudicial to the publick Good they may as freely by the same King and Kingdome be rejected And so Dr. Hammond Of Schism p. 125. The Canons of Councils have mostly been set out and received
Magistrate to whom the Civil in honour to the Clergy hath remitted it till in case of hainous Crimes after degradation from the Sacerdotal Dignity they are returned to the Secular Justice β. β See Canon Apostol 35. Episcopos gentium singularum scire convenit quis inter eos primus habeatur quem velut caput existiment § 11 nihil amplius praeter ejus conscientiam gerant quam illa sola singuli quae parochiae propriae villis quae sub ea sunt competunt Sed nec ille praeter omnium conscientiam faciat aiiquid in eorum parochiis Sic enim unanimitas erit Concil Nicen. Can. 4. Episcopum convenit maxime quidem ab omnibus qui sunt in Provincia Episcopis ordinari Si autem hoc difficile fuerit aut propter instantem necessitatem aut propter itineris longitudinem tribus tamen omnimodis in idipsum convenientibus absentibus quoque pari modo decernentibus per scripta consentientibus tunc ordinatio celebretur Firmitas autem corum quae geruntur per unamquamque Provinciam Metropolitano tribuatur Episcopo Can. 5. De his qui. Communione privantur seu ex clero seu ex laico ordine ab Episcopis per unamquamque Provinciam sententia regularis obtineat ut hi qui abjiciuntur ab aliis non recipiantur Can. 6. Antiqua consuetudo servetur per Aegyptum Lybiam Pentapolim ita ut Alexandrinus Episcopus horum omnium habeat potestatem quia urbis Romae Episcopo parilis mos est Similiter autem apud Antiochiam ceterasque Provincias suis privilegia serventur Ecclesiis illud autem generaliter clarum est quod si quis praeter sententiam Metropolitani fuerit factus Episcopus hunc magna Synodus definivit Episcopum esse non oportere Sin autem communi cunctorum Decreto rationabili secundum Ecclesiasticam Regulam comprobato duo aut tres propter contentiones proprias contradicant obtineat sententia plurimorum I may spare the recital of any more tho the same is frequently iterated in the following Councils See Conc. Laodic c. 12. 2. Conc. Arelat c. 5. 2. Carth. c. 12. Rhegiense c. 1. Cabilon c. 10. Epist Synodal Conc. Romani sub Siricio Papa c. 1. and see what is said of this matter in Considerations on the Council of Trent § 10. c. See likewise the Cautions used by the Council of Trent Sess 24. De Reform c. 1. And Sess 22. De Reform c. 2. concerning the approbation of such persons as are nominated for Bishopricks by other Ecclesiastical Superiors and so the Collation of these Preferments upon them by the Pope § 12 This Confirmation of all Ordinations by their Ecclesiastical Superiors for preserving the Churches Unity is freely acknowledged by Mr. Thorndike in his Book of the Rights of the Church 5. c. p. 248. Where he mentions also some of the former Canons The fourth Canon saith he of the Council of Nice requireth that all Bishops be ordained by a Council of the Bishops of the Province si fieri potest which Council because it cannot always be had therefore it is Provided there That two or three may do the work the rest consenting and authorizing the Proceeding And this is that which the ordinance of the Apostles hath provided to keep the visible Communion of the whole Church in Unity But when among the Bishops of any Province part consent to Ordination part not the Unity of the Church cannot be preserved unless the consent of the whole follow the consent of the greater part And therefore It seemeth that there can no valid Ordination be made where the greater number of the Bishops of the Province dissent which is confirmed by the Ordination of Novatianus for Bishop of Rome which tho done by three Bishops yet was the foundation of that great Schisme because Cornelius was ordained on the other side by sixteen After which in Application of these things to the Ordinations made in the Church England at the Reformation he hath this Reflection Ibid. p. 250. Now it is manifest saith he that the Ordinations by which that Order of Bishops is propagated in England at and since the Reformation were not made by consent of the greater part of the Bishops of each Province but against their mind tho they made no contrary Ordinations And by the same means it is manifest that all those Ecclesiastical Laws by which the Reformation was established in England i. e. by these new Bishops were not made by a consent capable to oblige the Church if we set aside the Secular Power that gave force unto that which was done by the Bishops contrary to that Rule wherein the Unity of the Church consisteth But in other parts the Reformation was so far from being done by Bishops and Presbyters or any consent which was able to conclude the Church by the constitution of the Church that the very Order of Bishops is laid aside and forgot if not worse i. e. detested among them Upon which precedent it sounds plausibly with the greatest part among us that the Unity of the whole being thus dissolved by the Reformation i. e. by the Reformers either being against Bishops or being Bishops made against the consent of the former Bishops the Unity of the Reformation cannot be preserved but by dissolving the Order of Bishops among us The like he saith before p. 248. If the Clergy of that time i. e. in the beginning of Qu. Elizabeth's Reformation had been supported in that Power which by the Premises set down and justified in his Book is challenged on behalf of the Clergy this Reformation could not have been brought to pass Yet notwithstanding this Learned man thinks himself still secure in that Communion by imagining first that the Apostolical Succession of the governing Clergy which Canonically concludes the whole hath in several things violated Christ's Laws but quo Judice will any such thing be cleared See below § 37. And 2dly that in any such case the Secular Power may oppose their Authority the this established by the Apostles viz. So often as either the Apostles Ordinance or Christ's Laws must necessarily one of them be infringed γ γ See Conc. Nicen. c. 6. Conc. Chalced. c. 28. And Act. 16. 8. Gen. Conc. c. 10.17.21 Where in c. 17. is mentioned the 6th Canon of the Nicene Council § 13 and thus explained Qua pro causa haec magna sancta Synodus tam in seniori nova Roma Constantinopoli quam in sede Antiochiae Hierosolymorum priscam consuetudinem decernit in omnibus conservari ita ut earum Praesules universorum Metrapolitanorum qui ab ipsis promoventur sive per manus impositionem sive per Pallii dationem Episcopalis dignitatis firmitatem accipiant habeant potestatem viz. ad convocandum eos urgente necessitate ad Synodalem Conventum vel etiam ad coercendunt illos corrigendum cum fama eos super quibusdam delictis-forsitan
of proving that these Kings did reform against the Clergy it be urged that at least they might have done it because no way subjected in matters of Religion to the judgment of the Priest many Texts may be produced evincing the contrary as particularly that Deut. 17.8 9. c. where the Judge named beside the Priest may either respect those extraordinarily sent by God and sanctified in a special manner with his Spirit as Samuel and some others or also in general the supreme Civil Power joined for the Execution with the Ecclesiastical or as for the Decision the one judging for the Civil and Regal the other for God's Laws but however it be the Judge in such a Conjunction is no way authoriz'd to give Sentence in a matter of God's Law without or against the judgment of the Priest Which appears more clearly if this Text in Deut. be compared with those other relating to it 2. Chron. 19.8 9 10. Ezek. 44.24 Haggai 2.11 Mal. 2.7 8. Hos 4.4 or if these Texts will not evince such an Ecclesiastical Supremacy belonging to the Priest in the Old Testament at least other Texts do in the new From which Texts the former Protestant Concessions grant such a Power as to the judging of Controversies of Faith and of Heresy and that without the Civil Power 's having herein a Negative Voice This to the Kings of Judah To β. That urged concerning Aaron To β. I answer That this Sin of his was before his being enstalled High-Priest § 46 and at such time as Moses was appointed by God the supreme Judge in Ecclesiastical Affairs Yet that the Tribe of Levi following Moses remained then not only constant but valiant and zealous Professors of the true Religion for which God afterward chose this Tribe for the sacred Ministery See Exod. 32 27. Deut. 33.8 9. That the High-Priest should be suspected or accused of Idolatry the judgment of this as also of Heresy and the expelling of him found guilty out of the Church by Excommunication belongs to the Clergy united in their supreme Council and the punishing him by other temporal Censures to the Prince To γ. St. Panl's Act To γ. I answer that the supreme Court for deciding Ecclesiastical Controversies in St. Paul's time § 47 was that newly established by our Lord the Council of the Apostles not the Sanedrim of the Jews That St. Paul's Appeal to Caesar was in no such Ecclesiastical Cause but in an accusation of raising Sedition of which he was charged as well as of being a Sectary Act. 24.5.12.18 wherein brought hefore Festus's Tribunal he pleaded Not-guilty and upon his Adversaries seeking to kill him before judgment given appealed to Caesar's i.e. from one Civil Tribunal to another higher To. δ. The Acts of the Emperors To δ. and that especially of Thedosius § 48 I answer That these being mentioned before for Branches of the Royal Primacy in Ecclesiasticals as to confirm those Acts in Spiritual matters which the Church owneth as legal and canonical so to suppress and annul the illegal and uncanonical Acts of any Ecclesiasticks contrary to those of the Church in both which the temporal Powers equally assist the Church those Acting of the Emperors in Church matters that are here urged are only in these two kinds and so are allowed and such in particular was that Act of Theodosius in dis-avowing the Decree of the second Ephesine Council which Decree being opposed by the Bishop of Rome's Legates in the Council and by himself and all the Western Churches and divers of the Eastern Bishops out of it and several of those who voted for it in the Council being with threats forced thereto as appears by their complaint made hereof in the following Council of Chalcedon Contil Chalced. Act. 1. was illegal and not obliging and upon this ground or motive the Emperor's assistance requested by Leo for the nulling of its Acts as may be seen in the beginning of the Epistle he writ to him wherein upon such reasons given he desires the Emperors favour Epist 43. To ε. The Practice of later Christian Princes preceding the times of Henry the Eighth much pressed by Bishop Brambal in Vindication of the Church of England To ε. 5th and 7th Chapters I answer § 49 that all oppositions whatever of Civil States to the Ecclesiastical Power are not denyed to be just or lawful but only those which oppose his Decrees Canons or Government relating to matters purely Spiritual and Ecclesiastical that the most of those which the Bishop instanceth in are not so not about matters of Faith and Manners or Church Discipline or the Sub-ordinations of the Churches Judicatures and Execution of her Laws and Censures as to these but Contests either about those things which the Church possessed not by her own right but Princes former Donations or in matters apprehended by Princes some way hurtful or prejudicial to their Civil Rights and Liberties As for Example About the Patronage of Bishopricks and Investiture of Bishops several Revenues and Pensions given to or exacted by the Church and Exemption of Lands and Estates from Tribute Exemption of the Clergy from Secular Courts in Civil or also Criminal matters Appeals made to or Bulls brought from Rome relating to matters the Cognizance whereof belongs to the King's Court and therefore these matters to be considered by the Prince whether not such before that his Subject may submit to them Of which may be used the Bishops forecited § 17. Observation on the 37th Article of the Church of England You see that all here is Political But then granting that some other instances are such as offend against the Churches native Rights as some Contests here in England did for opposing which some holy Bishops here suffered much Persecution yet the proving such Facts to have been done even before the times of Henry the Eighth proves not their lawfulness to be done and next how far soever such Acts may be shewed to have passed in restraining some claims of the Church yet the Bishop confesseth that for Henry the Eighth's abolishing the usurped Jurisdiction as he calls it of the Bishop of Rome or Western Patriarch he finds no Pattern in these former Acts of Christian Princes His words are Vindication of the Church of England p. 184. Lastly Henry the Eighth abolished the usurped Jurisdiction of the Bishop of Rome within his it Dominions The Emperors did not so Whether saith he conjecturing at the reasons of that they thought it not fit I add or lawful to leave an old Patriarch or because they did not sufficiently consider the right bounds of imperial power especially being seconded with the Authority of an Occidental Council but no such Council would second them or did Henry the Eighth in this business or because they did not so clearly distinguish between a beginning of Unity and an universality of Jurisdiction for if they had they had wronged this Patriarch or because they had other remedies wherewith