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A44087 The case of sees vacant by an unjust or uncanonical deprivation, stated in reply to a treatise entituled A vindication of the deprived bishops, &c. : together with the several other pamphlets lately publish'd as answers to the Baroccian treatise / by Humphry Hody ... Hody, Humphrey, 1659-1707. 1693 (1693) Wing H2339; ESTC R13783 282,258 245

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Notion 'till they had refused to communicate with us So dangerous a thing it is First to do a thing rashly and then to hunt for a Reason If this Plea of our Author is good I would very fain know how any Separation can be proved to be unlawfull Let our Author stand out a little and dispute with our old Dissenters He asks a Dissenter why he separates from the Church The Dissenter tells him 't is because the Church is Heretical But why Heretical Because she thinks it lawfull to oblige her Members to the use of Ceremonies and pursuant to that Opinion she actually imposes the use of ' em In the use of these Ceremonies says the Dissenter we cannot join with you and for that very reason because we cannot join with you in this Opinion That the Church has power to impose upon its Members the use of Ceremonies And because we cannot join with the Church in this Opinion and Practice upon that very account the Church is Heretical Thus according to our Author 's own Plea but the Plea would be vain and Illogical § 14. But this is not all We are not onely Hereticks upon that account but as the Vindicator contends we are Hereticks likewise as Heresy signifies an erring even in Fundamentals He affirms that our Opinion is a fundamental Error because as he says it is utterly destructive of the Church as the Church is a Society distinct from the State To maintain this Opinion That for Political Crimes a Bishop may be lawfully Depriv'd by the Civil Autority Or this That supposing he cannot be lawfully so depriv'd yet if he is deprived it is lawfull for Peace-sake to submit to his Successor How that is destructive of the Church as the Church is a Society I for my part cannot perceive To me 't is much more apparent that to advance this Opinion That a Bishop cannot be deprived by the Civil Autority for any Crime whatsoever is destructive of all Civil Government which as well as the Ecclesiastical is of God's Institution He therefore that advances that Notion advances a very dangerous Notion But it is not my Business at present to engage in these Disquisitions I shall onely make bold to ask the Vindicator a few Questions If he thinks that Opinion concerning the Power of the Magistrate a fundamental Heresy and enough to justify the present Separation how came it to pass that he did not leave the Communion of those whom he knew to be the Maintainers of that Opinion before this time I will ask him one Question more If the late Bishops should be again restor'd would he then refuse to communicate with those who advance that Opinion If he would not then it is certain that he does not think that enough to justify the present Separation One more and then I have done I desire to know if our Author knows none of his own Communion who themselves acknowledge the Power of the Supreme Civil Governor to depose a Bishop for Political Crimes 'T is strange if he should be ignorant of what every body knows And it is to be believ'd that the Fathers themselves of his own Communion at least some of 'em agree with us in this Opinion which the Church of England has all along to this time accounted Orthodox tho' the Vindicator is pleas'd to declare it a Heresy But enough and too much of these Matters We will leave our much honour'd Adversary to invent some other new Notion more consistent and more usefull for his Cause And will now proceed to enquire how Heretical our Forefathers were in thinking it lawfull to adhere to the present Possessor and in acting accordingly CHAP. II. That the Iewish High-priests who were put into the places of others unjustly Deposed by the Civil Autority were all along own'd and receiv'd as true High-priests An Account of all those High-priests from the Reign of King Solomon to the Destruction of Jerusalem The Instance of Abiathar and Zadok nicely examin'd The Practice of the Jews and God's Approbation of such High-priests a sufficient Warrant to us TO make it appear that the general Practice of the Antients throughout all Ages was agreeable to ours I shall first shew That the same was the Practice of the Iews throughout all Ages in reference to their High-priests whom S. Cyprian and others of the Fathers are wont to compare to our Bishops Secondly I shall shew That our Saviour himself and his Apostles acknowledged and communicated with the High-priests of the Iews as true High-priests tho' put into the places of others unjustly turn'd out by their Governors By which they seem to instruct us what we ought to doe in relation to our Bishops or High-priests And Thirdly I shall shew That the same has been all along the general Practice of the antient Christians § 2. I begin with the Iews But before I proceed to Examples I think it convenient to prevent an Objection that may possibly be made This perhaps may be the Plea of our Adversaries in answer to the Examples of the Jewish High-priests That the Office of a Bishop amongst us is of a nature much more Spiritual than the Office of those High-priests To that Plea I answer That he that considers the true and full Import of the Question now before us will find it to be no other than this Whether a Person duly invested with an Ecclesiastical Office of God's own Institution and Ordinance being Deposed by the Lay-power any other can lawfully succeed in that Office Now as to God's particular Institution and Appointment whatsoever otherwise the Difference may be which 't is needless for us to contend about it is certain that the Jewish High-priests were rather superior than inferior to our Bishops 'T was by God himself and that too in a very extraordinary manner that the Office of the High-priest was instituted and it was from God alone that he receiv'd his Autority If therefore a Person was accepted of by God as a true and real High-priest tho' put into the room of another Deposed by the Civil Autority then a Bishop likewise may be truly a Bishop and accordingly ought to be receiv'd tho' put into the place of a Bishop deposed by that Power To this I add That the Annual Expiation for the Sins of the whole People was to be perform'd by the High-priest This was the chief of the federal Rites of that Religion and that to which our Saviour's offering himself up a Sacrifice is particularly compared in the Epistle to the Hebrews And this they did ex opere operato so that it was of the greatest Consequence to the Iews to have this Divine Institution perform'd by one appointed to it by God And tho' no provision was made for Cases of Necessity yet Necessity was understood to be a provision for itself And it is certain these Annual Expiations were accepted of God till our Saviour's days for that is a certain Consequence of their being still in Covenant
pace maximi ●iri That this Notion of Heresy is a groundless and a fancyfull Notion That he may be properly call'd a Heretick who separates from the Church because the Church is not of his Opinion tho' the Opinion is not at all in its own nature Heretical I grant For there is a sort of Heresy which is not sinfull on the account of the Opinion maintain'd but onely because it is a separation from the Church But this I assert in opposition to what is laid down by the Vindicator That to all Heresy as the word is strictly taken to denote a Sin contradistinct to Schism it is necessary that there be an Opinion maintain'd which either the Church condemns or for which the Person that maintains it does of himself separate from the Church If it be not for any Opinion that the Vindicator is divided from the Church but onely for what is done by the Church he cannot be call'd in a strict sence a Heretick but onely a Schismatick § 13. But to wave this Dispute as not at all material and to suffer the Vindicator if he pleases to enjoy his Notion What now is the Use he would make of it What is his Design in advancing it The Use he makes of it is this He alleges the aforesaid Heresy as a Reason for their Separation He tells us That we being guilty of Heresy they ought by our own Concessions to keep off from our Communion because we our selves acknowlege that Heresy is a just cause of Separation Tho' we should admit says he that the Author of the Baroccian Treatise had been successfull in all that he has attempted we may yet justify our adherence to the deprived Bishops and our Separation from our Adversaries opposite Altars and justify it too by the Doctrine of their own Author for even he permits a Separation where Orthodoxy is concern'd and expressly excepts this Case from the Number of those which he pretends to confute An Heretical Bishop he calls a false Bishop c. 'T is strange that the worthy and learned Vindicator should be so much out in his Logick as not to see the Inconsistency of what he alleges and to offer this as a reason for their not communicating with us If it is their not communicating with us that makes our Opinion Heretical and us Hereticks how do they refuse to communicate with us for this reason because we are Hereticks We could not be Hereticks according to the Vindicator's own Notion 'till they had refused to communicate with us So dangerous a thing it is First to do a thing rashly and then to hunt for a Reason If this Plea of our Author is good I would very fain know how any Separation can be proved to be unlawfull Let our Author stand out a little and dispute with our old Dissenters He asks a Dissenter why he separates from the Church The Dissenter tells him 't is because the Church is Heretical But why Heretical Because she thinks it lawfull to oblige her Members to the use of Ceremonies and pursuant to that Opinion she actually imposes the use of ' em In the use of these Ceremonies says the Dissenter we cannot join with you and for that very reason because we cannot join with you in this Opinion That the Church has power to impose upon its Members the use of Ceremonies And because we cannot join with the Church in this Opinion and Practice upon that very account the Church is Heretical Thus according to our Author 's own Plea but the Plea would be vain and Illogical § 14. But this is not all We are not onely Hereticks upon that account but as the Vindicator contends we are Hereticks likewise as Heresy signifies an erring even in Fundamentals He affirms that our Opinion is a fundamental Error because as he says it is utterly destructive of the Church as the Church is a Society distinct from the State To maintain this Opinion That for Political Crimes a Bishop may be lawfully Depriv'd by the Civil Autority Or this That supposing he cannot be lawfully so depriv'd yet if he is deprived it is lawfull for Peace-sake to submit to his Successor How that is destructive of the Church as the Church is a Society I for my part cannot perceive To me 't is much more apparent that to advance this Opinion That a Bishop cannot be deprived by the Civil Autority for any Crime whatsoever is destructive of all Civil Government which as well as the Ecclesiastical is of God's Institution He therefore that advances that Notion advances a very dangerous Notion But it is not my Business at present to engage in these Disquisitions I shall onely make bold to ask the Vindicator a few Questions If he thinks that Opinion concerning the Power of the Magistrate a fundamental Heresy and enough to justify the present Separation how came it to pass that he did not leave the Communion of those whom he knew to be the Maintainers of that Opinion before this time I will ask him one Question more If the late Bishops should be again restor'd would he then refuse to communicate with those who advance that Opinion If he would not then it is certain that he does not think that enough to justify the present Separation One more and then I have done I desire to know if our Author knows none of his own Communion who themselves acknowledge the Power of the Supreme Civil Governor to depose a Bishop for Political Crimes 'T is strange if he should be ignorant of what every body knows And it is to be believ'd that the Fathers themselves of his own Communion at least some of 'em agree with us in this Opinion which the Church of England has all along to this time accounted Orthodox tho' the Vindicator is pleas'd to declare it a Heresy But enough and too much of these Matters We will leave our much honour'd Adversary to invent some other new Notion more consistent and more usefull for his Cause And will now proceed to enquire how Heretical our Forefathers were in thinking it lawfull to adhere to the present Possessor and in acting accordingly * An Answer to a Treatise out of Eccles History c. in the Preface * S. Cypr. Ep. 55. ad Anton. Ergo ille evangelii vindex ignorabat unum Episcopum esse oportere in Ecclesiâ Catholicâ says Cornelius Bishop of Rome in his Epistle to Fabius of Antioch Ap. Euseb. Hist. l. 6. c. 43. concerning Novatian To have two Bishops in one and the same City is adversum fas Sacerdotii singularis says Pacianus Epist. 3. ad Sympronianum Novatianum (a) Collat. Carthag 1. c. 16. (b) Theodoret Hist. Eccl. l. 5. c. 3. (c) And by the Synod of Sirmium to the Clergy and People of Rome in the Case of Felix and Liberius as Sozomen says l. 4. c. 15. but that Synod not was not Orthodox but Arian (a) Gr●g Turon Hist. l. 10. c. 31. (b) Can. 4. (c) Can. 6.