no more divinely instituted than the lowest Orders of Levi tho' he was to higher Services Nor is the Doctor less mistaken in his extraordinary Esteem and Elogy of the Annual Expiation as more noble than any Episcopal Functions For notwithstanding all its Solemnities and Operations yet its highest Excellency was but Typical of that Grace which was not given by Moses but by Jesus Christ And all its actual present Energy reached no further than a legal imaginary Cleansing of the Body of the Jews and this only for one Year past and that only for the securing him in the Temporal benefits promised in that Law But our Priestly Functions are not merely Typical of Grace not yet given but both commemorative and exhibitory also of that Grace which hath already appeared for the Salvation of all Men and consecrates the Souls and Bodies of Men unto Immortality not to mention the extraordinary Measure of the Spirit collated in the especial Acts of Episcopal Ordinations In all which interiour Sanctifications tho' there is no Transubstantiation yet is there a mystical Union betwixt Christ and his Members by the illuminating Communion of the Holy Spirit For which truth it is needful that we contend tho' I confess it was needless for him to contend against it And yet further supposing all this had been right which the Doctor hath dictated yet here arises another Infelicity in his Logic For tho' God might admit an intruded High-Priest yet it does not follow that Men may admit an intruded Bishop for can Man pretend to all the Authorities of God God is indeed superior to all his own Institutions and may dispense with them or ratifie Violations of them as he did the violent Successions in the Kings of Israel But does it follow that Men can lawfully without any Divine Dispensation given and granted admit the Violations of his Laws and the perverters of that Hierarchy which he has made organical to the Sanctity and Salvation of his Church Nay further yet the Doctor is very unaccurate in his very State of the Question which properly is not whether any Man may lawfully succeed an Ecclesiastic deposed by a Lay-power for if we grant that there can be any such Lay-deposition no doubt the Succession may be lawful but the Question is whether there can be any Ecclesiastical Deposition inflicted on Spiritual Orders by a Lay-power This is that we and our Fathers complain of that the Lay-powers enact Spiritual Censures of Suspension and Deprivation which your Ecclesiastics admit as regular and valid which were they so we should not quarrel at the Successions This I am sure is our Question whatsoever that of the Baroccian Treatise is if this differs from ours then in that respect the Treatise is impertinently adduced in our Case Besides the Question is not whether a Person duly invested with an Ecclesiastic Office of God's Institution may not be deposed by any Lay power For if God in the Jewish Church did subject their Ecclesiastics to a Lay-deposition no doubt in the Nature of the thing it might be lawful But the Question is whether first God did so subject the Jewish Ecclesiastics to such a Lay-authority And secondly supposing that God had so subjected their Ecclesiastics the next Question is whether he hath in like manner so subjected the Christian Hierarchy For if there be any specific Difference or intentional Disparity in the Nature and Purposes of the Jewish and Christian Religions if there have been such Changes admitted by God in the Authorities of one which have not been so conceded upon the Authorities of the other then the Argument from the Jewish doth not conclude upon the Christian Hierarchy And therefore by the Doctor 's leave not only the Divinity of the Institution but the Nature of the Offices and the Rules of Tenure and Succession instituted by God in his Church are to be considered in this Debate For to put the matter into a short Theory I think it fairly possible to conceive that the Jewish Religion in what it was peculiarly Jewish was only of a carnal Sanctity in Order only to Temporal Fruitions and so might be under the Conduct of Temporal Powers that are the Supreme Guardians of all Temporal Enjoyments but the Christian Religion is purely Spiritual not subordinated to Temporal Ends and so not under the like Authority of Temporal Powers Now whatsoever are the civil Authorities about matters Christian I suppose the Essential Differences of our Religion from the Jewish will bar the Argument for the same Rules of Subjection And if you please upon another Consultation to propose the matter to the Doctor 's second Thoughts I will be at the pains of repeating my Observations hereupon †Sol. and Ab. Pag. 21 22. First that the whole Institution of the Levitical Law was not of a Spiritual but carnal Sanctity yielded them by God somewhat in opposition and somewhat in conformity to the Aegyptian or other foreign Religions among whom the Priesthood had been long subjected to and perhaps first instituted by the Scepter And herein the Supreme Judgments in Civils upon the Law and Oracular Responses upon Consultations about Peace War and Temporal Actions and Successes were essential to the Authority of the Pontificate And yet we find this High-Priest not subject to any ordinary Power till Kings were also given this People after the manner of the Nations among whom the Mitre was subject to the Crown All which put together makes Abiathar 's Deprivation by a Temporal Power under that Constitution Legal But from the beginning it was not so Then there were Priests who till the Flood had the Government of the World without any Civil or Military Power and that Priesthood was in all its Intentions Spiritual So that when our Saviour came not only to restore but even to refine upon the primitive Rules he restored the Priesthood from Vassalage and founded his Hierarchy not in Princes but Apostles not inarmed but in unarmed Powers But if among the Nations of old the carnal Priesthoods were subject to Arbitrary and Imperial Powers and God conceded the Jews Kings with such Power after that Gentile manner the Jewish High-Priests thereupon became Subject not only to a Judicial but Imperial Authority and so legally deprivable at the pleasure of the secular Prince so far at least that these Censures might be effectually valid tho' not always good and just And hence all the Changes of the High-Priests violently and arbitrarily made by heathen Princes in the Jewish Pontificate seem to be legally and regularly valid ex jure Imperii toties quoties and so are nothing at all to the Case of an uncanonical Deprivation or the Doctor 's purpose But our Priesthood has nothing Civil in it nor is by God subjected to the Arbitrary Empire of Princes that so we should think our selves obliged to bow down our Faith and Freedom to such feeble Principles of Spiritual Bondage and Pusillanimity Eucher But a little to
of Crimes * Sol and Ab. pag. 19 20. as Apostasie Heresie Schism c. and demanded whether the Clergy and People may desert a Bishop under such pestilential crimes and impostures and procure another from Social Bishops For if they may Canonically do this in such Cases then perhaps they may canonically do so in other which tho' not so designedly malignant yet necessitate an exauctoration tho' founded in meer infirmities and too pious prejudices as I explained my self in those very passages at which it seems the gall of T. B. is exasperated Dyscher Well I think it not decent for us to draw hard on this invidious subject let us if you please discuss the Canonical forms of your procedure herein which your party generally defends from pretended precedents of Civil Authorities over the Jewish High Priests and the Practice of Christian Churches in submission to Imperial Orders especially the Greek Church under Turkîsh Changes made in their Patriarchal See Now the most famous instance among the Jewish High Priest is that of Solomons deprivation of Abiathar Which tho' you endeavoured to parallel to our present Case yet herein I brought you such just exceptions as neither you nor all your Party will be able to take off For if the Crime was nothing like if there was such a difference between the Constitutions of the Jewish and Christian Churches if it was a manifest Cession on Abiathar's part all which I well proved then that Instance can by no means come up to this Case T. B. Sec. Lett. pag. 36. Eucher Tho' I could not deny the force of your reasonings upon this instance yet have I consulted my friends upon it as well as you have done upon me And the chiefest of their senses I will lay before you to which if you can make any weighty reply you must not thence conclude a vice or fault in the Cause for if I cannot defend it my self perhaps its proper Patrons may who as they have singular Opinions so have they as singular abilities to maintain them Dyscher This is a secure Caution for your own Reputation tho' it betrays an inward suspicion of the Arguments you intend to produce But however since it is but just that no personal defects should prejudice a good Cause and that one man's Errors should not affect another man's Estimation I grant you your Demand and therefore I pray proceed Eucher Have you not seen the Book entitled The Case of Sees Vacant c. whose learned Authors felicity is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This great man pretends to dissolve all your machins against this grand Precedent for a Lay-Deprivation and I will exhibite you his Argumentations according to your and his Order First then he observes that * Case of Sees Vacant c. Chap. 2. § 2. this perhaps may be the Plea of our Adversaries in answer to the examples of the Jewish High-Priest that the Office of a Bishop amonst us is 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 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 an extraordinary manner that the Office of the High-Priest was instituted and it was from God alone that he received his Authority If therefore a Person was accepted by God as a true and real High-Priest tho' put into the room of another deposed by Civil Authority then a Bishop likewise may be truly a Bishop and accordingly ought to be received 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 performed 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 Jews to have this Divine Institution performed 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 it self 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 with God since these Expiations were the yearly renewing of that Covenant Nor can any of the performances of the Christian Priesthood be compared to this unless we believe the Power of Transubstantiating These examples of the Jewish High-Priest alone were there no other to be alledged would sufficiently warrant our submission to our present Possessors Dyscher This Doctrine of that learned Doctors is very new and amazing in every Sentence of it as also is his original Principle But whether it be of sincere Metal or no must be tried by the proper Touchstone First then it is strange that he shou'd affirm it certain that the High-Priests are rather Superior to our Bishops as to the Divinity of their Institution For are not Bishops instituted originally by God himself and in a manner more extraordinary than that of Aaron's Consecration For this appears indeed in the Levitical Law to be divinely solemn and glorious as far as external Pomp and Ceremony could adorn it and an Oracular Power of Judgment in things Temporal sanctifie him but yet as the Agent for God in this Consecration was a Servant only viz. Moses so the Oracular Sanctity was not purely Spiritual But the first Bishops were the Apostles made so not by the Hand of a Servant but the Son of God himself in our own Flesh ordaining them with an extraordinary Power of Miracles of all kinds with the insufflation of the Holy Ghost in order to the remission and retaining of sins upon the Soul by the Acts of an Authority to be ratified in Heaven To them the Sacraments were committed the Laver of Regeneration and the Mystery of our Incorporation into Christ and Participation of his Holy Spirit besides the glorious Effusion of the Spirit on them at the Feast of Pentecost consecrating them Preachers of the Resurrection of Christ with an amazing Glory in the sight of all Nations gathered together at Jerusalem in a manner more superlatively divine than any the meaner Forms of Aaron's Investiture Besides the Doctor may as well prefer the Institution of the meanest Levites to that of the Highest Apostles upon the same grounds on which he hath so superexalted the Jewish Pontiff who was
valid yet because of their actual Omission it wanted an Ecclesiastical Effect Lev. 10. So when a Statute of Deprivation requires the Church to eject Recusants from their Stations if the cause be necessary or just the Statute is valid to oblige the Conscience of the Church to an executive and concurrent obedience yet if the Church will by no means yield to such command of the State whether just or unjust valid or invalid in its obligatory intentions it cannot actually pass into an Ecclesiastical Effect and Issue and all that the Civil Powers can do on the refusal is to subject the Church to temporal Punishments Nay in the same Genus of Civil Government the Decrees and Judgments of the Kings Courts notwithstanding their perfect justice and validity cannot have their Civil Effect if the subordinate officers neglect or refuse to execute them T is true there is a difference between the Civil obligations of Under-Officers to their Superiors in Secular Authorities and those of the Church to the Civil Powers in matters Ecclesiastical For that Civil Officers are obliged only to observe the Legal forms of process in the Orders of their Superiors and are not tied to enquire into the inner justice of those Orders But the Church when under any Laws or Commands of the State may and ought to judge for her self and her conscience toward God Whether the matters enjoyned her by the Laws be consistent with the Laws and Principles of Christianity and the Churches fundamental Constitution against which she is never to admit them to an Ecclesiastical Effect but must bear the penal Consequences with all meeknes and resignation And this is not only the Right and Duty of all Churches as sacred Corporations toward all humane laws in matters moral or Religious but of every single Christian also And if this be not admitted up goes Hobbism and the Civil Powers may enact Deprivations Excommunications and Anathema's for mens refusing the Alcoran Paganism Socinianisme and even Atheism it self and for owning the Scriptures Creeds and Sacraments But you that think us such a soft and waxen generation would have found this Right asserted even unto Martyrdom against all such deprivations had they been enacted upon causes apparently injurious or imposed on the Church For in the late Reign not only you but others also opposed the growth and menaces of Popery with a burning zeal when we had no present prospect of any thing but Fagots Dragons and most Christian Bridles And that all these Armies of Worthies should all of a sudden grow base abject and irreligious cannot easily I am sure not fairly be presumed But in cases which the Church judges equal she may concur and submitt and when she may so do it can be neither religious or prudential to provoke or incur a persecution by a needles and obstinate refusal which is our Sense upon the Causes and Law of the present Deprivations But is it not a pretty exception against this Concurrence because it is yielded by Submission not Authority For did I ever assert of an Authority in the Church to refuse her Duty against which certainly there lies no Authority And I told you †Sol. and Ab. pag. 28. that the Church here concurs by Submission as judging it her duty herein to yield to the State But in such Cases if you will needs require the Churches Authority I will remind you what I told you †Sol. and Ab. Pag. 29. last time that the Church has an Authoritative Right to judge in such Cases whether she may or must concur or no. And hence a Right essentially belongs to it to examin all the Causes of the Secular Demands so that if she finds there be no grave Reasons to move the Church to the required Severities she ought to disobey as my Lord Bishop of London well did when required to suspend Dr. Sharp indictâ Causâ c. And for this I alledged out of Nazianzen one of the Noblest Instances in all Antiquity wherein the Bishops of Cappadocia refused to depose or reject the canonically settled Bishop of Cesarea notwithstanding all Julians terrors and commands of which I wonder Dr. Hody took no notice But I add also that if the Church finds those Causes sufficient she may if necessary she must admit the Laws enforcing them and not wantonly pretend Authority against duty nor use her liberty for a cloak of maliciousness And I can never imagine that this Right of the Church was ever suspected much less opposed by any Powers or Legislators truly Christian But if Civil Powers will make irreligious Laws in maters Spiritual will you immediatly oblige the Christian Councils to invade the Senate House or Courts of Civil Judicature with Protestations against their Procedures before the Laws come home upon us and press us to actual Concurrence Surely the Primitive Christians did not so against the Edicts of Heathen Powers For tho' Christianity will warrant meek and petitionary Apologies yet will it not justifie sawcy Remonstrances and Prohibitions upon Legislators who must pass undisturbed and unaffronted in their measures and we must with all meekness of behaviour wait the eventual prosecution of the Laws if we cannot divert it by fair atonement and when it comes refusing calmly the required Sins commit our selves and Cause to him that judgeth righteously So that all your Harangues about running into Parliament House with Proclamations or Protestations for our against their Authority are injudicious immodest and seditious proposals tho' we had known the demands of the State to have been unlawful which we yet acknowledge to be otherwise And that we should cease to be a Church because we are not officiously rude to the Legislators who may sometimes happen to be causelesly unkind or hard hearted to us We are neither to precipitate our zeal manners confession or sufferings but let the will of God be done upon us when his own time comes Since even the vilest Laws of men have this obligation and validity upon the Consciences of Subjects to restrain all indecencies and disturbances against them and the Legislative For if the Senate has not Authority to oblige us to evil it has to modesty and abstinence from their Presence and Consultations But the Parliament thought their Authority alone sufficient to deprive the Bishops and did not ask nor think they wanted the concurrence of the Clergy to make their Act valid very well they did not think so And if you confine this sufficiency to a valid Obligation on the Church to submit and concur this opinion of the Parliament is very true tho' I believe they ground it not upon any mere pretended Arbitrary Despotick Power but upon the Weight and Sanctity of the Causes on which they founded the Law But if you think it the opinion of the Parliament that their Acts can actually pass into an Ecclesiastical Effect without Ecclesiastical Concurrence you fix an opinion on them rather to be charged with Non-sense than Falshood
Union Eucher As to that Principle of the Identity of Church and State and the Consequences Men draw from thence to assert the Right of Civil Authority in Spiritual Processes I leave it to them whose Heads are clear enough to justifie it But for my own part allowing your exceptions to the contrary yet our Case has justified it self ex naturâ Rei And I must further advertise you that this Church has long submitted to the use of such Powers over us and that fundamentally in Q. Elizabeth's Reformation and in many other matters in which the State had not so much pretence of Right or Necessity all which have passed uncensured by us but in this whether well or ill God must judge The Subscription of a Popish Clergy to avoid a Premunire drew after it such Acts of Parliament as thro' which we can make no provision for the Church noâ— move a question for her good without Royal License nor have so much freedom in our Concernments and Duties as every little Corporated Burrough has in it's voluntary Councils which tho' it be a tolerable Condition under a good King that has a Zeal for Christianity yet under an Irreligious King 't is an absolute Bondage and bar to the Primitive Purity Course and Vigour of Religion In the Reign of Edward the VI. they struck out the Ordinaries names out of all Processes Ecclesiastical and set in the Kings as if all Church Power had been derived from the Crown the non-payment of Tenths tho' omitted by mere neglect and not on any Principle of Opinion remains yet a Cause of Deprivation And those shackles which the State of old thought necessary to restrain us from Popery now the reasons of that Conduct are cessant become great Obstacles to the Primitive and Catholic Reformation of our yet remaining defects of which thâ—s Church upon a just liberty and Authority restored her would become the first Example and the noblest Standard Yet all this Subjection we have born in Silence tho' hereby only can Popery be reduced whensoever a Popish Conjuncture shall arise upon us and no Body has yet dared to offer a good mediation with the Public for a Temperament in these things And if our dulness herein has not been by us or you accounted Schismatical shall we be judged Schismatics in admitting these much more reasonable Deprivations in which the Lay-powers are concerned not only in point of Care and Interest but even in certain and undubitable measures of Right Dyscher How so Sir Eucher As the State is the Churches Hospital so a Corporal or Civil Communion is substrate to the visible Communion of the Church For tho' I allow you what you * Sol. ab pag. 25. justly challenge to the innocent a primitive fundamental and undeniable Right to good as well in common as in consecrated Places yet it is certain that in order to this Claim they must give all just security and assurance of their innocency upon Test demanded by the Civil Powers that are Guardians of these fundamental Liberties to all good Subjects of which innocency an Oath of Allegiance seems the most obvious proper and usual Form of security between Subjects and Sovereigns Otherwise the Civil Powers may restrain those Libeties of which they are the Trustees Thus a Civil Soveraign may prohibit and punish all conversation with the Enemies or Recusants of his Civil Authority Now conversation simply in it self alone is a secular communication but absolutely Fundamental to the Ecclesiastical which is a visible Communion in Spirituals Though then the Secular Authority alone as such does not touch the Spirituals yet it may upon just and legal Causes take away all that secular and local Communion that is substrate to the Ecclesiastical And he that may upon Recusancies of Subjection forbid all personal Communication with a Recusant may forbid it in any certain Place Time Matter or Measure and consequently at all such Times and Places when and where the Recusant may call upon him to attend in Spirituals But this Right and Authority of the Magistrate I lodge not in arbitrary will respectively but on the nature and merit of the provocation And the Right which the Christians have to the Liberty of their Sacred Functions is not peculiar to them as Christians by a Charter altogether unconditionally exempt from Civil Powers and so a Right of Gods positive constitution in the Church as a Society founded by Christ liable to no secular Reflections for any Cause whatsoever but is a common and natural Right to all Persons of clear and unspotted innocency as such to do that which is good originally due to them from the Creation And hence Civil Powers becoming Judges of our Morals and Innocency are Guardians of that natural Right but may justly deny it to others but will not approve their innocency by due Tests to the Public Peace of the Government to which Recusants therefore the rightful Capacity Ecclesiastical Communion is lost when the natural Right to Society is either totally or in the proper opportunities of sacred Communion justly denied by the Civil Powers And to say true he that by ill Principles or Practices deserves the loss and deprivation of all common Society much more deserves the deprivation of the Spiritual that stands as a Super-structure on the other And therefore if our ill merits Authorize the Powers to take away at the bottom the Foundation of our Religious Commuion they can tho' not directly and immediatly touch yet undermine the spiritual Structure by destroying its secular Foundation which lies within the Authority and Care of Civil Powers So that in this respect and form an Heathen Prince may rightly deprive seditious or disloyal Priests of the Priviledge of actually using their Ecclesiastical Functions by rightly denying them so much secular Society as is Fundamentally requisite to the exercise of them And thus far a Statute of Deprivation may have this Civil obligation that no Subject shall yield corporal Communion with Recusant Priests when they call him to sacred Offices any where and Laws may shut them out from consecrated Places that there may be no such local Society in them And if such Recusancy against civil Powers be notorious confessed or avowed then is such Act of State both just and civil only but at the same time the bottom of the Recusants Ecclesiastical Offices is righteously and validly taken away Dyscher Well well notwithstanding these Subtilties yet the Temporal Powers cannot take away the actual Relation between Priest and People tho' they may suspend or incapacitate them hereby from the actual Ministeries of their Orders And so hence accrues no Right to civil Powers to impose new Bishops on the Church Eucher There are two known Canonical Causes of depriving Spiritual Persons Immoralities and erroneous Principles So that if either of these hath merited and drawn after it a Forfeiture and Deprivation of all that secular and local Communion and Society which is necessary to the