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A43801 A debate on the justice and piety of the present constitution under K. William in two parts, the first relating to the state, the second to the church : between Eucheres, a conformist, and Dyscheres, a recusant / by Samuel Hill ... Hill, Samuel, 1648-1716. 1696 (1696) Wing H2008; ESTC R34468 172,243 292

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remind me of your own Principles and Senses I fear I shall fall into the Spirit of T. B. again and not use you very partially in some of my Reflexions Eucher I am sensible by experience of your infirmity And since good natur'd Men are sometimes passionate I know how to bear as well as to correct a little rudeness I pray good Brother let me know what 't is now that begins to provoke your choler Dyscher When you had spent a great many Arguments drawn out with much Pomp and Ostentation being basted in them you grow weary with strugling and fairly give up all and acknowledg that † Sol. ab pag. 27.29 an Act of State Christian cannot alone vacate a Spiritual Charge Charge by any Divine Law primitive Canon or Prescription This is as full as can be worded against the Power of the State to deprive Bishops Now see how you come about again in the very next words Yet such an Act received and admitted by the Church may from her concurrence have a just and legal Effect And then upon this Notion the Statute of Deprivation ipso facto must be taken as a Law upon the Church to reject the Recusants totally from their Stations Here you will not have the Deprivation to proceed from the Act of the State alone but to save some Honour to the Clergy you make their Deprivation valid by their Concurrence to the Act of Deprivation But I pray how did they concur Was it otherwise than by submitting to the Act when it was made And is such Submission any Authority I thought they had been quite different things Did the Clergy shew any signs or make any protestations for their Right viz. that the Act of Parliament for the Deprivation of the Bishops was not valid without their Concurrence No not a word but when it is done they submit to it and acknowledg it And you would make a Protestation against Fact that their Concurrence was necessary to it that themselves did not pretend nor dare they do it to this day It is certain the Parliament thought their own Authority sufficient to deprive the Bishops and did not ask or think they needed the Concurrence of the Clergy to make their Act valid On the contrary no Clergy-men have dared to dispute it but those who are deprived And for others to imagin to come in by their Concurrence into a share of the Authority is like the fly on a Wheel of the Chariot that thought he contributed to the dust that was raised for he too gave his concurrence It is possible such Men as you should not see how contemptible it renders them to pretend to an Authority they dare not avow And upon this Foundation to raise Arguments to justify their proceedings which they cannot maintain any other way For these Men to deny themselves to be Erastians or ever to name any Ecclesiastical Authority I had almost said to call them a Church Or to speak as † Sol. c. Ab. Pag. 29. you do that the Church ought not to admit Deprivations on improper or unreasonable Demands As if the Parliament did request it from the Convocation or left it to their admitting or not admitting As if they durst dispute the validity of an Act of Parliament for want of their Concurrence As if any of them durst let such a word come out of their Mouth Behold the Ghost the Echo of a Church c. M. S. Reflex and that the consent publick and actual Concurrence of the Church is necessary to give an Ecclesiastical Effect to Civil Ordinances in Matters of the Church Now this Concession overthrows your whole Cause and being placed after the main Body of your Arguments is it self an Argument that you had little faith in them So then our Bishops being never Canonically Deprived are the yet proper Bishops of their Sees But you come like a Spiritual Jugler and perswade us that this hath been Canonically done For the Church say you ought to empty the Sees of such Incumbents that are dangerous to the Civil State But Sir must the Church cast out her Bishops as oft as they will not comply with Vsurpers c. But you say this was done by Acts of Separation properly Ecclesiastical the Dean and Chapter of the Metropolitical Church taking the Jurisdiction till the Chapter elect and Bishops consecrate another But Sir you cannot but know that the Dean and Chapter have no Jurisdiction over their Metropolitane and the See must be vacant before they can proceed to Election T. B. Sect. Pag. 37.38 Eucher I have heard with much patience yea pleasure all your Noble strains of Rhetoric and need only say If I have spoken evil bare witness to the evil but if well why smitest thou me For if the Deprived assert the Churches Concurrence necessary to give Acts of State an Ecclesiastical Effect and I grant it what Cause have you to fly in my face for even that very Concession But for you to upbraid me with my Candour who are so heedless in attending to my words as to take or set them off in other Senses than rationally can be fixed on them in their clear account of this Concurrence is neither very courteous nor prudential Let us therefore again look over these oversights and see whether we can come again to our selves First then I never said that the Concurrence of the Church was necessary either to make an Act of Parliament or to make it valid in Ecclesiasticals and particularly in Acts of Deprivation But I admitted your Principle so far and no further that her Concurrence is necessary to give Statutes an Ecclesiastical Effect and Issue For an Act of Parliament may justly require of the Church some certain Ecclesiastical proceedings without any joynt Session or Consultation of the Church And such Acts shall be just and valid of themselves to oblige the Conscience of the Church to obedience or executive Concurrence As suppose an Act of Parliament repealing all the Statutes of Premunire which cramp the liberties of the Church in the Episcopal Successions and Synodical Consultations for a perfect reformation to a Primitive purity should consequently require our Bishops or Convocations to proceed upon such relaxation to provide and execute better rules of Discipline on the morals and duties of the Christian Church under their care and to renew the Commercium formatarum with foreign Churches for a general Restitution of Piety and Order to its Primitive State such a Law I think would valioly oblige the Church to Concurrence without which however actually given it could not have its Ecclesiastical Effect When King Joash commanded the Priests to employ the sacred Money to the reparation of the Lords House it was a valid command to oblige but while the Priests neglected it it had no Sacred effect 2 King 12. So when Moses spake unto Aaron Eleazar and Ithamar to eat the meat offering and heave shoulder according to set Rules the precept was very
interrupt you did you not deny * Sol. Ab. pag. 23. Zadok's Title to be derived from the Kings donation tho' the Scripture expressly affirms that K. Solomon did put Zadok the Priest in the room of Abiathar I Kings 2.35 And do you now on a sudden put all the power of disposing that Priesthood in the arbitrary will of their Sovereigns that so you may oppose the Drs. Principles Dyscher What I delivered then can well consist with my present Sentiments which I offer not in an itch of contradicting the Doctor but upon the reasonableness of the thing it self For in Solomon's time the Genealogies were extant and the due course of Succession obvious on which account I take it Zadok had before in David's time been admitted under Abiathar into the communicable Offices of the Pontificate in order perhaps to the next plenary Succession after the death of Abiathar which Succession now commenced on Abiathar's remove before the time preintended by the actual introduction of him by King Solomon into the possession of what he had an antecedent Title to upon the next vacancy either by the right of Primogeniture which the antient Jews have owned from the first Patriarchs and the Law Lev. 16.32 or upon an ordination by the Ecclesiastic Powers of the Sanhedrin as men of Talmudic learning have conjectured Now it is certain that their native Kings of God's own appointment were obliged to keep the Law and every man's Rights established by it and the doing otherwise was really sinful and offensive tho' such unjust acts of Kings had among them the effectum juris as appears in the sentence of David between Ziba and Mephibosheth If therefore Solomon had rejected Zadok as well as Abiathar such causeless procedure in my opinion had been unjust but yet valid as being not subject to any Tribunal and presumable for just and done upon reasonable although secret Causes But when the Sovereignty fell into the hands of gentile Princes not tyed to the Mosaic Constitutions as their native Kings were and the Genealogies were lost and the Legal Successors unknown or absent the necessity of some high-Priest made the person upon each such vacancy Elective by the Supreme power or with the permission thereof by the priests and people as appears in the Maccab●ic History and Josephus Amongst which instances there is one above all most considerable viz. that of Simon who was made high-Priest by the Jews and Priest for ever until there should arise a faithful Prophet 1 Maccab. 14.41 to discover the lineal Successor as also to shew them what to do 〈◊〉 the defiled Stones of the Sanctuary 1 Maccab. 4.46 Whence it appears the sense of that people from the constitution of that Priesthood in Simon and his heirs for want of the true Proprietary Family First that there was an absolute necesity of the high-priesthood Secondly that it legally belonged to Aarons lineal heirs Thirdly that in want of them they if they had freedom were to elect another Family for that Succession All which set together discovers Zadok to be the next regular Successor to Abiathar since the Scriptures impeach not the King of any irregular and despotic injuries against the Laws of the high Priesthood Eucher But what say you to that note of the Dr that it was of the greatest consequence to the Jews to have the annual Expiation performed by one apointed to it by God Does not this argue the Deposition of such a one null and yet upon necessity God permitted the Jews to own the Successor coming in by mere intrusion Dyscher To this I answer that if God himself allowed the Jews to admit such intruders then it appears that it was not of the greatest consequence to the Jews to have the Expiation performed by one to whom it belonged by the constitution of the Law For if the Intruders Expiations were effectually acceptable they did the business as well as the Liturgy of the legal Proprietor But further Gods admission of the Intruder after Intrusion takes off his irregularity ratifies his Title and vacates that of the ejected and so is of Gods particular occasional appointment for the time being tho' not by the original designation of the Law and so this is nothing to the Drs. Hypothesis or Cause And this is in fact the real state of that Case in such Changes The State Civil first intruded Successors into the room of the expelled but this not creating any Plenitude or Sanctity of Title God made up this defect by giving the Intruders the Spirit of Prophecy which supervening made them also Gods high-priests to all Sacred as well as Civil purposes Which act of Gods was not a mere acknowledgment of their antecedent Authority but an efficient thereof to all the intents of the Levitic Law tho' the Dr. would fain perswade us to a contrary notion herein Yet had it been a mere consequent acknowledgment of their Priest hood held only by Intrusion as * Case of Sees c. Ch. 3. § 3. the Dr. intimates it had been nothing to his purpose because upon the Extinction of the Genealogies and Ignorance of the lineal Heirs and the more plenary Subjection therefore of that pontificate to the Gentile Sovereigns who were despotic and free from all the ordinary Rules that obliged their native Kings this had made these Changes of High-Priests in the potificate being an office carnal and temporal even in its Religious acts formally valid and authoritative for that these Gentile powers came into the Sovereignty of their native Kings or perhaps a greater to whom God at their request had subjected the Hierarchy after the manner of the Nations And a great deal of this I told you * Sol. Ab. pag. 24. in our last Conference which no doubt you consulted your Dr. upon tho' he takes no notice of it And I then drop'd another note perhaps worth a second Rumen with you that those Intrusions tho' thus admitted by God were signs of a broken Church and State hastening to its last Dissolution and so no just Precedent for the Christian Church to follow which is to continue to the End of all things except we must yield to methods of Violation that lead to our Extinction And I leave it to the pious consideration of every Religious Conscience to judge whether those servile Submissions to Imperial violences in the instances of the Baroccian Treatise and the others produced by the Learned Dr. against his Opponents did not properly lead to the ruin of the Church into which the Greeks from these precedents are fallen under Mahometan powers all which had been effectually obviated had the Church stuck to the Laws and Canons of the Christian Hierarchy and Communion against the encroachments of wicked Emperors against which it is the Duty of all Churches obstare principiis in contempt of persecutions Hereby and hereby alone shall we be able to stifle all Erastian and Antichristian Arts with which their concomitant persecutions