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A26924 The English nonconformity as under King Charles II and King James II truly stated and argued by Richard Baxter ; who earnestly beseecheth rulers and clergy not to divide and destroy the land and cast their own souls on the dreadful guilt and punishment of national perjury ... Baxter, Richard, 1615-1691. 1689 (1689) Wing B1259; ESTC R2816 234,586 307

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they are of the same mind and party M. Are you a Lawyer and do you accuse men in the Temple without naming them and bringing proof of their guilt Noxa caput sequitur should all the Clergy be called guilty if Sibthorp or Manwaring or Heylin were proved so what error you accuse them of prove and punish them for no other 6. But I prove that the Bishops themselves made other Ordination necessary Because they would Ordain none without sinful subscriptions and conditions which must not be yielded to If you can prove the terms lawful on which they Ordain I shall trie your skil anon II. I farther prove the Ordination in question valid thus Where there is a true notification of God's will that this person shall be a Minister of the Gospel there is no want of validity in his Ordination But those here ordained by Presbyters might have such a true notification of God's will Ergo The major is plain Because God's will and Man's consent are the fundamentum of the Relation therefore nothing can be wanting to it 's being and validity The Minor is proved Those men that have laudable ability and willingness and the consent of a people in true necessity and the approbation of a National Assembly of Learned Divines of which many Bishops were called to be members and the investing Ordination of the gravest Senior Pastors that were then to be had had a true notification of God's will that they should be his Ministers But such were these in question Ergo. III. The way of ordination which was valid in the Primitive Church is now valid But such is that in question Ergo. As to the Minor The Ordination of such Pastors as were but the Rectors of single Congregations was it that was valid in the Primitive Church But such is that in question Doctor Hammond labours to prove that in Scripture time there were no other Bishops or Presbyters but the single Pastors of single Assemblies Mr. Clerkson hath fully proved and I more fully in my Treatise of Episcopacy that for a hundred and fifty years if not much more there were no particular Churches bigger than our Parishes A Bishop then was but the chief Parish or Congregational Pastor who guided it with his Assistance And such are all our Incumbents especially in great Towns who have Chapels and Curates and Lecturers to assist them And Grotius de Imper. sum Pot. sheweth that really the chief Pastor of a Church is a Bishop whatever they call him But I have so largely proved in my Treatise of Episcopacy pag. 231 232 c. that our questioned Ordainers were scripture Bishops and that those now called Presbyters Ordained long after that I must not repeat the same things here again IV. Those that are in Orders may confer Orders Ordinis est Ordinare as Vsher was wont to say As Physicians make Physicians and Philosophers make Philosophers and Gene●ation propagateth the Species And our Church consenteth to this 1. In that Presbyters must concur in Ordination by Imposition of hands which is an act of authority and collation 2. In that the Convocation hath a greater power even Canon making and that Convocation consisteth half and more of Presbyters and the Canons Excommunicateth all that deny it to be the represensative Church of England But Presbyters have the power of Order as Bishop Carlton de Iurisdict proveth it commonly acknowledged equal with Bishops pag. 7. And the Church of England in King Aelfrik's time ad Wolf. in Spelman pag. 576. l. 17. Affirm that Bishops and Presbyters are but one Order V. Those may ordain validly whose Ordination is more warrantable than that of Roman Bishops for our Bishops own theirs as valid and ordain them not again when they turn Protestants But the Presbyters that Ordained here fourteen years did it more warrantably than the Roman Bishops Ergo 1. The Papists Ordain men to a false Office to be Mass-Priests But the said Pastors ordained none but to the same office that Christ instituted 2. The Papists have their power of Ordination from the Pope whose own power and office in Specie is a false Usurpation But it is not so here where the ordaining Pastors were lawfully called 3. Papists Ordination enters them into a false Church in Specie a pretended catholick Church headed by the Pope but our Pastors entered them into no Church but Christs 4. Papists make them take sinful Oaths and Conditions before they Ordain them But these Pastors at least that imposed not the Covenant did not If yet any will nullifie the Reformed Churches and Ministry and their Ordination and not the Papists we may understand what their Mind and Communion is VI. That Ordination is valid which is less culpable than many Diocesans But such is that in question Ergo To the proof of the Minor which only needs proof here 1. Some Diocesans here have been Papists as Godfrey Goodman of Gloucester and divers have pleaded for and owned a Forreign Iurisdiction which the Oath of Supremacy abjureth 2. I have fully proved in the said Treatise of Episcopacy that the Office of Pastors of single Churches is more warrantable than our Diocesans who are the sole Bishops of many score or hundred Churches 3. The said Presbyters at least who medled not with the Covenant imposed no unlawful condition on the Ordained as too many Bishops have done 4. Many Bishops plead the derivation of their power from Rome And what theirs is I shewed before But because I must not write a Treatise on this one question you may read it done copiously and unanswerably by Voetius against Comel Iansenius de desperata Causa Papatus Yet I add one difference more The Ordainers and Ordained in question had the consent of the Flocks and neighbour Ministers but the said Bishops come in by the Magistrate without the consent or knowledge of the Flocks and so do the Ministers usually whom they Ordain And what the ancient Church thought of this abundance of Canons shew I 'le now cite but one Concil Nic. 2. Can. 3. Omnem Electionem quae fit a Magistratibus Episcopi Presbyteri vel Diaconi irritam manere ex canone dicente siquis Episcopus secularibus Magistratibus usus per eos Ecclesiam obtinuerit deponatur segregetur omnes qui cum eo Communicant Oportet enim eum qui est promovendus ad Episcopatum ab Episcopis eligi quemadmodum a sanctis patribus Nicaenis decretum est in Can. qui dicit Episcopum oportet maxime quidem ab omnibus qui sunt in provincia constitui And many Councils nullifie their Episcopacy that come not in by the election or consent of Clergy and People which ad hominem is somewhat to them that urge such Councils against us L. I confess your reasons seem unanswerable at least as to the case of necessity which I am convinced was the case of those that were ordained when there were no Bishops to whom they could have access or no
Offices as a Body of many Members or a Chain of many Links as we say Bonum est ex Causis integris And he that wounds any one Member wounds the Man and he that breaketh one Link breaketh the Chain And he that accuseth any one part of the Government accuseth the Government thereby And there is no doubt in the World but they so intended that made this Canon L. And what have you against your Obedience to this M. You may easily know what by what is already said 1. I have fully proved as aforesaid in my Treatise of Episcopacy that if Episcopacy were never so certainly of Divine Institution this Form of Diocesan Prelacy deposeth quantum in se the old Church Form the old Episcopacy the old Presbytery and almost all true Discipline and in stead of each sets up that which is repugnant to the Word of God. And must we all confederate to maintain this Church Corruption and all agree to renounce Reformation or any Conviction tending to Repentance 2. I have told you what it is for Lay-men and Courts to arrogate the Decretive Power of the Church Keys and for single Priests and Officials to rule all the Clergy and People as under them And for our Prelate to undertake to be the sole Bishop over many Hundred Clergy And then to Govern per alios in a secular manner even by Lay-men that do that in his Name which he knows not of and this in order to Gaols and Ruine If all this be agreeable to God's Word what is contrary to it 3. I have told you what it is to make every Church Officer so necessary as that it should be Excommunication to say Any one of them is sinful when as Learned good Men as most the World hath have written to prove almost all of them sinful corrupt Inventions of Arrogance and that it 's far worse for Men to presume to make new Forms and Offices of Church Government than new Ceremonies 4. The Parliament of England condemned the Oath called the caetera Oath in the Canon of 1640. And the late long Parliament of 1662. never restored it nor any since And was it not formed according to this Canon What 's c. but And the rest that bear Office therein reliquos ad ejusdem gubernaculum constitutos For my part tho' I have oft read over Cousins Tables and the Canons I do not yet know and remember all the Church Governing Courts and Offices How many there be besides the Bishop the Chancellors Court the Arches the Prerogative Court the Arch-deacons Commissaries Officials Surrogates I know not And are every one of these become as necessary to be taken for lawful as the twelve Apostles or the Articles of our Creed For my part I am far from thinking that those Bishops and Doctors should be Excommunicated or Damned who by Faction are drawn to deny the Ministry and Churches that have not Prelatical Ordination and Government and shall all be condemned that think as ill of Civilians Excommunicatings 5. I have told you what it is for every Lord Knight and Gentleman that doth but say that any of these Church Governing Offices are against the Word of God to be ipso facto an Excommunicate man. And for the people to be put to question whether they may chuse them for Parliament men and whether they may sit in Parliament while Excommunicate L. This Canon with the three or four adjoining make me begin to think hardlier of the Canoneers than I thought I should ever have done as to their honesty M. I would not have you think too hardly of them but only to think truly of Nonconformity Chap. XXVII Point XXIV Of Publishing the 8th Canons Excommunications L. VVHat is the Eighth Canon and its Excommunication M. Whoever shall hereafter affirm or teach that the Form and Manner of Making and Consecrating Bishops Priests or Deacons containeth ANY THING in it that is repugnant to the Word of God Let them be Excommunicated ipso facto and not to be restored until he repent and publickly revoke such his wicked Errors L. What have you against the Execution of this M. A great deal In sum it is unrighteous oppressing and dividing to cast out all Persons from the Church of Christ who think that nothing is faulty in the Book of Ordination or in their Principles or Practice there expressed And we dare not curse those that Christ doth bless should we do this for a Benefice in what should we differ from the sin of Balaam who loved the wages of unrighteousness whose iniquity and madness his Ass rebuked saith St. Peter 2 Pet. 2. 15. Yea shall we not be far worse than he that for an House full of Silver and Gold could not go beyond the Word of the Lord and did not curse but bless Gods people And it is not proud malignant Tongues reviling Gods Servants and calling their Opinions wicked Errors that will make Christ disown his Members or will warrant Balaam or us to curse them O how unlike is this to the Spirit and Ministry of Christ for Prelates and Priests to curse and cast out the Children of God for saying that they go against his Law. L. But what is amiss in the Book of Ordination M. I am anon to tell you that But if there were nothing amiss in it yet the belief of its innocency is not necessary to Salvation L. But if every man have leave to accuse the Orders of the Church what Order can be maintained M. 1. Leave modestly to express dissent in a doubtful case may stand with Order 2. If men do it disorderly there be other Penalties besides ipso facto Excommunication Every breach of the peace is not Rebellion nor punisht with Death But I 'll tell you briefly what may occasion good men to say that their Ordinations are sinful 1. In that they thereby obtrude Pastors on the Churches upon the bare choice of a Patron without or against the peoples wills 2. In that they professedly ordain such as their Canon forbids to Preach or Expound any Doctrine 3. In that they determine that Bishops Priests and Deacons are three distinct Orders which yet is an undetermined Controversie among even the Learnedst Papists And must we damn and cut off men for that which the very Papists leave at liberty 4. In that they ordain men to an Office which Scripture maketh no mention of Dr. Hammond saith that it cannot be proved that there were any Presbyters subject to Bishops in Scripture times nor any but Bishops None that had not power of Ordination and the Keys nor any Bishops of a multitude of Churches and Presbyters both which are here ordained 5. In that they Swear Obedience to Arch-bishops and their Sees and make Priests Covenant Obedience to their Ordinaries as aforesaid If a godly man do as Bucer did to King Edward the Sixth as you may see in his Scripta Anglic. and desire some of these faults to be amended doth he deserve
forward to meddle with more publick Church matters without our Superiors invitation or consent but we may say that it is our judgment that these additions following would greatly strengthen the Interest of Religion Church and Concord I. That the Parish Churches be acknowledged True Churches and their Ministers such Overseers as are necessary to Essentiate True Churches that is That all Presbyters be Episcopi Gregis Overseers of the Flock and the Incumbent the President among his Curate Presbyters where there be such And that the Diocesan is not the sole Essentiating Church Pastors and the Diocesan Church the lowest particular Church and the Parish Assemblies but his Chapels or Parts of the lowest Church and the Parish Ministers his Curates and no true Pastors II. That no Lay-Elder Chancellour or Civilian have or use the Decretive Power of Excommunication or Absolution called the Keys III. That New and more Peaceable Canons be made instead of that Book which now obtaineth according to the Scripture Canons Or that there be no Canons but Scripture besides Statute Laws IV. That Bishops have no Forcing Power nor the Writ de Excommunicato Capiendo or any Force by the Sword be Annexed to Excommunication as such but that the Magistrates hear and judge before they punish and Obedience to Bishops be unconstrained and voluntary V. That Bishops judge Church-Causes in Session with their Presbyters and not alone nor with some few of their own Choice or with Lay-men but in regular Synods and Ordain there by their consent and after sufficient trial of them that seek Ordination And so of Institution VI. That Diocesses be not greater than the Diocesan is able to Oversee and that he forbid not the Parish Pastors their particular works but only use his general overcight and power on Appeals VII That Bishops oft visit the inferior Pastors and Churches and instruct the Juniors by direction and Example how to Preach and guide the Flock and rebuke the Erroneous Scandalous Unpeaceable and Negligent VIII That the Bishops be Chosen by the Diocesan Synod and Consented to freely without force by their City flocks where they reside and Invested by the King who hath the power of Temporal Privileges IX That the City and neighbour Pastors be the Cathedral Dean and Prebends at least where City Churches want maintenance or that they ambulatorily Preach abroad where there is most need X. If Arch-Bishop Usher's Form or Reduction of Government to the Primitive state or else King Charles the Second his Declaration about Ecclesiastical Affairs be but setled by Law it will be a Healing and Great Reformation inferior Synods not hurtfully fettered being allowed under the Diocesan Synods And whether the Diocesans be Called Bishops or Arch-Bishops as Successors to the Apostles and Evangelists in the ordinary parts of their Office a general care of many Churches the name is to be left to each mans free judgment As to the ignorant clamors for a real or seeming Re-ordination 1. I have said so much against it in my Treatise of Episcopacy and my Disputation of Ordination in my Dispute of Church-Government and my Christian Concord that while the objectors by contempt refuse to read and answer them it will be no cure of their pride and partiality to repeat the same again But I say that I have fully proved unanswered that they that were Ordained by Synods of Incumbent Pastors and specially those also then approved by the Westminster Assembly had a better Ordination and that by true Bishops than either Papists or meer English Diocesans that are not Arch-bishops can give And yet they Re-ordain not Papists 1. Either they take the Parish-Churches that is the Pastor and Communicants distinct from the meer Auditors and Catechumens and from the Aliens to be true proper Churches in political Sense or not If yea Then those Churches have Bishops For Ecclesia est plebs Episcopo adunata ubi Episcopus ibi Ecclesia Their own Principle is That it is no proper political Church without a Bishop There are three degrees of Bishops 1. All Presbyters are Episcopi Gregis by the consent of Papists and Protestants 2. The chief Incumbents that have Curates or may have are Episcopi Praesides The Ordination without Diocesans was by these two sorts of Bishops 3. True Diocesans are Arch-bishops Episcopi generales plurium Ecclesiarum We refuse not their Ordination but Men have true Episcopal Ordination without it But if they say that the Diocesan is the lowest Bishop of a particular Church and that the Parish-Incumbent Rectors are no true Bishops and their Assemblies no true political Churches formed of Bishops but only parts of one Diocesan Church infimi Ordinis we abhor such Tyrannical Schismatical Diocesans and their pretence of proper power to Ordain and the Primitive Church had never any such Ordaniers or Bishops And I advise all Ministers neither to be Re-ordained by such nor to yield to the appearance of such an evil by coming under their equivocating imposition of hands lest they take God's Name in vain and harden Papists and Church-Tyrants in their false condemnation of the Reformed Churches If it be want of a legal right in England that they pretend let the Magistrate give you a Licence or Legal right I write not this for my own interest for I was Ordained by a Diocesan and am past all hopes or fears of Man. CHAP. LX. The Reasons of these ten Articles L. YOV must give me leave to tell you what objections are like to be raised against your proposed Articles of Reconciliation And first your own party will be unsatisfied in them and so they will do no good because here is not a word against Arch-bishops Bishops Deans Arch-deacons and the rest that bear office in their Courts which yet is the thing that you your self seem most to dissent from and which the Covenant did renounce M. 1. We have so much swearing and unswearing and forswearing that I will meddle as little as I can in things that look like Perjury You know that as the last Generation was sworn against Prelacy this new Generation is sworn to it Yea in a manner the whole Land is sworn or covenanted never to endeavour any alteration of it And how much soever I am against that Oath yet I will meddle as little as I can in urging men to that which they take for Perjury And I have elsewhere told you that the Covenant renounced not all Episcopacy many of the Assembly of Divines declared their dissent from any such renunciation and had entred their protestation against it as Dr. Cornel. Burges told me had not the Explication been added which confineth the Renunciation to the English frame And that the present Non-Conformists would have thankfully received the Primitive Episcopacy they shewed by their motion 1660. 2. We offer this form on supposition that we may not have what we think best but what we can joyfully submit to for our Concord and the Churches safety 3. I have
it unlawful to reproach all Churches that we see to be faulty but it is our duty to keep peace with all XXVIII VVe hold mental distant Communion in Faith and Love with many Churches that by imposing sin do deny us local Communion XXIX Though I here tell you once for all that I justifie not all that I can thus bear with yet we can submit by peaceable silence to many abuses in a Church which we dare not subscribe to and approve and use also passive Obedience where active is unlawful XXX VVe are not against God-Fathers and God-Mothers as used of old that is when the Parents are the Covenanters for their Child and their Death or Apostasie is feared for others to promise if they dye or apostatize to take care of the Child or for any Adopters or Owners to do it that take the Child as theirs XXXI VVe are so far from being against true confirmation as it is the taking persons that own their Baptismal Covenant solemnly into the number of adult Members and Communicants that we desire it and have written for it as a chief means of the true Reformation of all our Churches in the Land. XXXII VVe differ not in Faith or meer Doctrine from the Church of England as it 's in the Thirty Nine Articles but only in One new Article put into the new Liturgy of the Salvation of Baptized Infants as undoubtedly certain by the Word of God without any exception if they then dye XXXIII VVe are not against reading the profitable part of the Apocrypha as other Humane VVritings may be read sufficiently distinguished from the word of God. XXXIV VVe are for Corporal VVorship as a due expression of Spiritual And we are against all undecent expressions in Praying or Preaching and all undecent Habits Gestures or Actions XXXV VVe blame not the Liturgy for extending the words of Charity and Hope as far as there is any reasonable ground in Sacraments Absolution and Buryal XXXVI VVe are not for mens invading the Ministry unordained but believe that Senior Pastors or Bishops are ordinarily the regular Judges of the fitness of Candidates for the Ministry XXXVII VVe are not for unlimited Toleration But that the Rulers justly distinguish in Law and License 1. The approved whom they must own and maintain 2. The tolerable whom they must tolerate 3. The intollerable whom they must restrain from doing hurt XXXVIII VVe are for making true Religion as National and extensive as may be and for a National Church 1. As the associated Community of Churches in a Nation is so called 2. And as they are all accidentally united under one Christian Soveraign Though we abhor the casting out all that be not of our opinion and measure and that cannot submit to all that I here enumerate which I and others of my mind can submit to XXXIX VVe are so far from desiring to draw people from the Parish Churches into Conventicles that we would keep up the honour of them to the utmost of our power as knowing how greatly the countenance and maintenance of Rulers conduceth to the furtherance of Religion and that the publick Religion will be the common and National Religion and most will be there And if the Protestant Religion were reduced to Tolerated Conventicles Popery would possess its place and become National and soon withdraw even private Toleration as we see in France XL. VVe are not for Preaching when we are forbidden where there is not a real and evident need of our Labours XLI VVe believe not that the Scots Covenant or any other doth oblige us to Sedition Rebellion Schism or any sin nor doth disoblige us from any Obedience due to any Superior XLII VVe refuse not the Oxford Oath or any such because it is an obligation to obey our Rulers in Lawful things nor because it restraineth us from resisting Authority for we give as much to Humane Soveraignty and confess as much obedience due to them from Subjects 1. As any Text of Scripture speakes 2. Or any General Council save what they give to the Pope and his Vassals 3. Or as any Confessions that we know of of any Christian Churches agree in 4. Or which Lawyers Politicians and Historians Protestants Papists or Heathens agree in as far as we are acquainted XLIII VVe are not against the use of Synods or Councils nor against Princes using their advice for such Laws circa sacra as belong to them to make VVe believe Councils should be used as far as the common good and Communion of the Catholick Church requireth it though no Foreigners have Jurisdiction over us And we hold that if they agree of any thing conducible to the common good though their agreement be not a Law but a Contract yet the general command of keeping the Unity of the Spirit in the bond of peace obligeth all to hold such concord for the ends sake that have no special reason against it In these Forty three things we oppose not conformity L. And if yet after all this Agreement we must be destroyed by divisions the heavy Curse of God is on us and will surely fall on them that are the causes of it who ever they be CHAP. IV. A brief enumeration of the things imposed on us which is the matter of our Nonconformity M. DO you know what it is that we are required to conform to L. I know it is to use the Liturgies Ceremonies and submit to the Bishops as your Governours I know no more M. And yet dare you become our Judge If you are no more exact and just in matters of Law your Clients must pay for it Before I come to handle the particulars I will set together here the things required of us and how much of them we refuse I will tell you when I try them and give you our Reasons against them I. Whereas few of the Nonconforming Ministers were at Age and Ordained till Diocesans were put down in England and were Ordained by an Assembly of Senior Pastors which were then in possession of the Power and had many years the Approbation of the whole National Assembly of Divines at Westminster before they were admitted to any Incumbency none of these may now exercise their Ministry unless they be Re-ordained by Diocesans II. No man can be Ordained by them and admitted to any Cure that will not take the Oath of Canonical Obedience as they call it and in his Ordination Covenant to obey his Ordinary III. No man must Preach the Gospel by the authority of his Ordination and Office till moreover he have got a Licence from the Bishop to Preach and till he have got that Licence to Preach he may not take upon him to Expound in his own Cure OR ELSEWHERE ANY SCRIPTURE OR MATTER OR DOCTRINE but shall only study to read plainly and aptly without glossing or adding the Homilies already set forth or hereafter to be published by lawful Authority Can. 49. IV. No man may be Ordained or be a Licenced
be not bound to approve every Law he is bound in the main to execute them in his place And if he know that the Imposers of his Oath did mean that he should in a special manner execute e. g. the Laws against Protestants he should not take that Oath contrary to their sence Our Canons make these things forementioned their principal part as you may see by putting them first with that strange penalty of Excommunication ipso facto And indeed it is no small part of the whole Book that we dissent from II. But moreover we dare not promise or swear Obedience to our Ordinaries till we know that Lay-men governing by the Keys are not those Ordinaries I have consulted Lawyers and some say that only the Bishop is meant by our Ordinary But I think they are but few that say so And indeed we are bound to believe the contrary because terms of Art or Science are to be understood according to the use of the men of that Art or Science But men of that profession commonly call other Judges of their Courts our Ordinaries besides the Bishops So doth R. Cousins in his Tables and others 2. And other Governing Ministers whom we must obey are mentioned in the Ordination Covenant also besides our Ordinaries Our Reasons against this are these 1. It is unlawful to confederate with Sacrilegious Propha●ers of a great Ordinance of God in stablishing and practising that Sacrilegious Prophanation But to Covenant or Swear Obedience to Lay-men in usurping the power of the Keys of Decretive Excommunication and Absolution we fear is such and as to the Minor the reason of our fear is if it be Sacrilegious prophanation for a Lay-man to usurp the other parts of the Pastoral Office then it is so for him to usurp the power of the Keyes But the Antecedent is confest as to the Sacraments and the charge of ordinary Teaching and Guidance of the Flocks c. 2. Ad hominem If the Bishops take it for Usurpation in Presbyters to exercise this power supposing it proper to themselves they must judge it much more so in Lay-men L. The Lay-men do it by the Bishops Authority and in his Name and so he doth it by them His Name is to the Excommunications M. 1. The Chancellors have their Commissions from the King which the Bishops cannot alter 2. If it be so it is the worse 1. That the Bishops name should be abused to a Sentence when he never heard or tryed the Cause If this be against the Bishops Will it is a forgery if he consent it seems he trusteth his Conscience in the Chancellors hands and Excommunicateth all at a venture that the Chancellor Excommunicateth though he know not whom nor why which is against the Light of Nature and the common Justice of the World. 2. And it is contrary to the nature of the Pastoral Office to execute it by men of another Calling Either it is proper to Bishops or not if not Presbyters or Lay-men may use it if yea then none may be deputed to use it that are not Bishops If the Keys and not the Sacraments may be used by Lay-men then the use of the Keys is not proper to Pastors but only Sacraments But no man can give a just reason why Lay-men may not give the Sacraments as well as use the Keys Yea indeed the Sacramental administration cannot be proper to the Pastoral Office if the Keys be not For the ●se of the Keys is to Judge who shall be admitted to Sacramental communion and if only Delivering and not Iudging to whom be proper to the Pastor then he is but a carrier or cryer and Executioner of Lay-mens Judgment perhaps lower than the Deacon Barely to say over the words and do the action is but an outward Ministration and no act of Power at all L. But it is not the Chancellor but the Surrogate that Excommunicateth M. 1. Ask those that have been much among them how oft they have heard a Lay-Civilian say at once I admonish you I admonish you I admonish you I excommunicate you 2. Hypocrisie is but an aggravation of Sin The Lay-man decreeth the Excommunication which is the judicial act when they use a Surrogate Priest it is but as a hireling Servant to pronounce the Decree to mock the Church with a Formality 3. If indeed it be the Priest that Excommunicateth and Absolveth when no Bishop is there then they confess that the power of the Keys is not proper to a Bishop but may be validly used by a Priest. L. But what have you against swearing Obedience to the Bishops themselves supposing the Canons were materially Lawful M. III. We have nothing against a peaceable submission to them if they were proved all Usurpers For my part when I think how the High Priests were made out of a wrong line by Roman power and purchase c. in Christs time and how much he was for submission to them and a use of all that was good and lawful done by those bad unlawful intruders it resolveth me to regard bare Possession so far as our own edification and the common peace requireth But as Christ was a Nonconformist to the Pharisees vain Traditions so he was so far from swearing Obedience to these Usurpers that he oft plainly and vehemently reproveth them Many for the bonum publicum which is Suprema Lex and finis regiminis did live in quiet submission to the Usurpers of civil power here who yet would never have sworne obedience to them or justified their Usurpation That the frame of Diocesans as the only Bishops is unlawful tota specie I have so largely proved in my Treatise of Episcopacy that I must not here repeat it as long as the Diocesan party by not answering it seem to grant it I have proved 1. That this Diocesan Species destroyeth the old Species of particular Churches turning the Parishes into no Churches but parts of a Diocesan Church while they make a Bishop essential to a Church 2. That they set up a false Species instead of it viz. A Church infimae speciei which hath many score Parishes if not many hundred in it without any under-Bishop to them 3. That it deposeth the old species of Bishops and Presbyters both which were to every Church of the lowest species a Bishop with his Presbyters ejusdem ordinis if they could be had so that many score or hundred Bishops are put down on pretense of setting up Episcopacy 4. And they set up both Bishop and Presbyters of a humane unlawful sort instead of those deposed viz. Arch-bishop infimi ordinis over a thousand or hundred Carcasses of Churches and half Presbyters that have not the power of the Keys nor are of the same Order with the Bishops 5. That they deposed Christs true Church Discipline and made it as impossible as for one School-master alone to govern all the Schools in a Diocess or one Physician many hundred Hospitals or one Mayor many Hundred Corporations without
Licensed as is aforesaid presume to appoint or hold any Meetings for Sermons c. nor attempt by Fasting and Prayer to cast out any Devil c. L. All this was done to prevent Abuses M. It fell out well that they did not forbid Christianity or reading Scripture in a known Tongue to prevent abusing it And next that they forbad not Law and the use of Reason which is most of all abused But do not you th●●k that they make very unworthy Men Ministers or that they change or maim the Pastoral Office when no Minister no not the wisest may be trusted to fast and pray with his Neighbours Should a Master of a Family be forbidden this in his House the Iews forbad it not to Cornelius What jealousies have such a Clergy of one another And of Preaching Fasting and Praying What if some Neighbours have some great Temptations some great Guilt some great Danger by a Plague or the like or some great Affliction some Friends near Death● or some important Business of great moment as Marriage Travel Navigation c. Must the Bishop know all their secrets that their Pastor at home must know Or is he a capable Judge for many Hundred Parishes when they must Fast or Pray Or did you ever know any go to him for such a License Are not those unworthy Ministers that be not fit to be trusted to Fast and Pray with their People while the Law is open to punish all abuses of it And are not those over-subject to Prelacy that will Swear Obedience in this any more than against Preaching the Gospel Dan. 6. 5. We shall not find any occasion against this Daniel except we find it concerning the Law of his God. Chap. XXXVI Point XXXIII Of the Excommunication of the three last Canons M. THe quality of the rest of the Canons resolve me that it is unlawful for me if commanded to publish an Excommunication against any upon the three last L. What ●e the three last M. The 139th is Whosoever shall hereafter affirm that the Sacred Synod of this Nation in the Name of Christ and by the King's Authority assembled is not the true Church of England by Representation let him be Excommunicate and not restored till he repent and publickly revoke this his wicked Error L. What fault can you find with this M. 1. No Man can tell what is the Church representative till they know which is the Church real And this they tell us not either as to Matter or Form. 1. Whether the Church real be only the Clergy or also the Laity Whether the King and Parliament Nobles Gentry and Commons be all Represented in the Convocation If yea by what Law or Power And may we say that King and Parliament do what these do What need they then after to confirm their Canons And they that hold the Church Laws bind in Conscience as such before King and Parliament confirm them will bring King and Parliament under their Obedience if not Excommunication But if they pretend not to represent the King and Laity they falsly exclude them from being part of the Church 2. They are utterly disagreed de Forma what the Church of England is either it hath an Ecclesiastical constitutive Soveraign Power or not If not it is not an Ecclesiastick Body Politick And of late their disputing Doctors plainly confess that it hath no such specifying Summa Potestas and so is formally no Political governed Church The King's Government of it by the Sword which none deny they say is but an Accident of it and not Essential to the Church And so in sum it is but a meer Community or a voluntary Confederacy of many Churches that make no unifying Politie And that is to be a Church only in a loose and not proper sence as the Assembly at Nimegen was a Kingdom 3. I doubt not but Thousands of L●y-Men and many Dissenting Ministers are true Parts of the Church of England And therefore that the Convocation represented our part only of that Church 4. If they be but a Community they can make no Laws but only Contracts Laws are only the Acts and Instruments of Rulers Therefore we owe no Obedience to them as being no Commands of Rulers till the Civil Power make them Laws save as particular Pastors may make them Laws to their several Flocks 5. If they make them obligatory Church-Laws as the Acts of the Convocation then it seems the Representative Church governeth the Real and the Presbyters in Convocation exercise a Legislative Power which is the highest that Bishops can pretend to 6. These being left thus in uncertainty in the dark how comes that Man to deserve Excommunication or be wickedly erroneous that herein declareth his dissent I dare not publish such an Excommunication if commanded L. What is the 140th Canon M. Whosoever shall affirm that no manner of Person either of the Clergy or Laity not being then particularly assembled in the said sacred Synod are to be subject to t●e Decrees thereof in Causes Ecclesiastical made and ratifyed by the King's Majesty's Supream Authority as not having given their Voice to them Let him be Excommunicated and not restored c. Here craftily in a Parenthesis they put in the King's Authority and if they mean only his Obligation on us no one of us denieth it But because their disputing Doctors take that but as an Accident we may say that the Papists themselves are oft put to say that General Councils bind not the absent till they receive them And the French long received not the Council of Trent nor many Churches other Councils L. What is the last Canon M. The 141st for so many Church-Commandments we have God's Ten being but a little part of our Religion is Whoever shall affirm that the Sacred Synod assembled as aforesaid was a Company of such Persons as did conspire together against Godly and Religious Professors of the Gospel and that therefore both they and their Proceedings in making Canons and Constitutions in Causes Ecclesiastical by the King's Authority Let them be Excommunicated and not restored c. Here again we doubt not of the King 's obligatory Power But what the Persons and their Works were I think a Point that Christians may differ about and not deserve Excommunication It seems they could foresee what Men would judge of them and no wonder tho' they had not the Gift of Prophecy I am none of their Judge but leave God's Work to himself But I must say that this Book of Canons doth no whit increase my esteem of Council of Prelacy of Humane Canons or Clergies Laws nor of the particular Bishops and Clergy that made them And that I will neither publish such Excommunications nor promise or swear to do it Tho' I know that stretching pretences satisfie some Men like theirs that own the name of Sacred to that Synod because Sacrum quod sanctum simul execrabile signat A professed and relative Sanctity may be granted them Chap.
have an account of my own Doctrine in above an hundred Books of which I leave Posterity to judge L. Yes we hear what is said against you for your Rebellious Doctrine in former times M. I then gave the World an account in my Book called Political Aphorisms or a Holy Common-wealth written for Monarchy by Mr. Harrington's Provocation what moved me to be on the Parliaments side and I know nothing that they have charged on my Doctrine but the words of that Book which I revoked long ago and some Clauses in my Saints Rest which I expunged before the King came in And if my later writings as my Second Plea for Peace written purposely to satisfie them of my present judgment be not regardable why do they call me to retractations And if the Act of Indempnity have done nothing against our former Actions all General Monk's Army and the rest such that restored the King must expect the like reward if death deliver them not from mens wrath L But why should you not give over Preaching when you are silenced Have not the Bishops power to silence and degrade as well as to ordain or the Parliament at least M. We doubt not but the Magistrate hath power to hinder Preachers from doing mischief and to restrain those that Preach Rebellion Sedition or Heresie or that do more hurt than good But not on that pretence to hinder good and to forbid Christs Ministers to Preach his Gospel Bishops and Senior Pastors are Investing Ministers of Christ to ordain fit Men to the Ministry and judge of their fitness to that end And if men prove uncapable by Apostacy or Heresie or Perfidiousness they ought to do as Cyprian did about Martial and Basilides require the Congregation in the name of Christ to forsake them But they have no power to forbid any faithful Minister to do the Office to which he is ordained nor to forbid the people to hear them And if they do their Commands are nullities as to any Obligation to Obedience L. But they that give you the Office may take it away M. He that giveth it as a Donor may which is Christ but not he that only as a Servant delivereth that which his Master gives If you send a Servant to deliver a Man Possession of House Land Horse Money c. That Servant cannot take it from him at his pleasure I do not think that the Priest that Marryeth Men can unmarry them when he will If he could I think he would have more work I scarce think the Patron that giveth one a Benefice can take it away when he will which is more alienable than the Office. A man cannot renounce it himself when he will who hath some more power of himself than the Bishop hath Do you not know that all are agreed that the Office of the Ministry is as Marriage during Life and not for Tryal or at Pleasure except in case of Adultery Therefore the Papists say that Ordination maketh an Indelible Character Of this all Parties are agreed L. But why say you the Ordainers do not give you the Power but as Investing Ministers you are not called immediately by Christ as the Apostles were who then doth give it you if not the Ordainers M. 1. The Office lyeth in an Obligation to great labour and great patience as well as in a gift of power It is a power to work in a suffering state And as the Bishop can oblige no man to this against his will so neither can he oblige any man farther than Christ and his own consent oblige him Therefore it followeth that neither can he give the power farther than Christ giveth it and the Ordainers and People and Magistrates have each their part under Christ in the conveyance L. How doth Christ give Ministers their Office M. 1. He maketh a Law that there shall be a Ministry and specifieth the Office by describing their work and the necessary qualification of the Persons So that it is not left to Bishops nor any to alter the Office nor to admit any uncapable Persons into it 2. Next Christ blesseth Mens Preparatory Studies and endeavours and by his gifts and grace doth give them all Ministerial Abilities 3. He maketh them desirous and willing of the Office and Work in Love to the blessed Effects and so maketh them Consenters 4. His Providence bringeth them where their Labours are really needful 5. He moveth the minds of the Flock or Electors to desire chuse or accept them 6. He commandeth the Ordainers to Approve and Ordain those that are thus qualified as aforesaid 7. He commandeth Magistrates to protect and encourage them 8. He commandeth the Neighbour Church-Pastors to own them in their Neighbourly Communion Thus you may see how Ministers are made by Christ tho' not without mans Service Do you know how God maketh Marriages 1. He instituteth the State and by his Law maketh the Husband the Ruler of the Wife 2. He causeth their natural Capacity and Inclination 3. His Providence acquainteth them with each other And 4. He moveth them to Consent And 5. He maketh it the Ministers Duty to do his part so that the Husbands power is of God. Do you know who giveth the Lord Mayor and Sheriffs of London their Power 1. The King by Charter determineth what Power they shall have and how they shall be qualified and how chosen and how sworn and invested 2. The Citizens accordingly choose them 3. And the Recorder Sweareth them Who is it now that giveth them the Power The King's Charter tho' not till they be duly qualified and chosen The Recorder cannot depose them again No nor the Citizens who may do more unless it be in the Charter L. But what Sin fear you by ceasing your ministry M. 1. We fear the guilt of Perfidious breaking of our Ordination Vow by which we solemnly obliged our selves to diligent performing of our Ministry The Bishops put those of us on this whom they ordained who now would force us to violate it 2. Therein we fear the guilt of Sacriledge as alienating Persons consecrated to God. And we can judge it to be no better than Pharisaical Hypocrisie in them that aggravate the Sacriledge of alienating consecrated Utensils and Lands and yet will alienate consecrated Persons and take it to be well done whereas the Lands and Goods are but to serve the Persons who are nearer to God while they serve him 3. We fear the Sin of Cruelty Unmercifulness and the guilt of Damning Souls As if we were commanded to forbear feeding our Children or the Poor we should expect to be charg'd with Murdering them if they died of Famine by our Neglect 4. We fear being charged with fighting against Christ or as Enemies to his Kingdom and to his Saving Work He was so great an Esteemer of Souls and Holiness that by the greatest of Miracles he came in Flesh to redeem and sanctifie and save Men And if we starve and betray them to Satan by our neglect
by Church-Government it is by the Magistrate's Sword and not by ours by the Keys 7. And is it not then ridiculous contradiction to dispute so hard about church-Church-Power and against the Presbyters claim when you confess that it is an useless shadow that you dispute for and it 's not it but the Sword that doth the deed 8. Is it not an odious defacing of Princes and Magistrates to say That they are bound to Imprison and Ruine a man as a meer Lictor or Executioner of the Judgment of the Clergy or of a Chancellor without ever hearing or trying his Cause and to punish him again because they punisht him before or because he hath not got their pardon 9. If Excommunication be grosly unjust as against Christs Members for doing their duty or for common humane infirmity they do well that set by it no more than it deserveth and pretend not to repent when they do not nor cannot nor ought to repent L. Though you call it no Punishment to keep all the Non-Communicants from publick power and trust I think it will pass for a notable Penalty M. I grant them as much as I can as knowing how little they will yield to and indeed it 's my opinion that to deny all Non-Communicants Magistracy and publick Trust would be to Reform the Common-Wealth in the Foundation if the Keys were but justly exercised But then by this I exclude none but the Intolerable that Neither Communicate with the Approved or the Tolerated Churches L. But Rulers will turn this against you and shut out the Tolerated with the Intolerable M. I cannot help that Must I not tell men what is Right because they will do Wrong L. But you are for having all the Subjects forced to be Catechised and to be Auditors And do you think that this will not force Non-Conformists to hear against their Consciences M. I say not that they should be forced to hear in the Parish Church but either in a Parish Approved or a Tolerated Church How have they a Toleration that may not hear their Tolerated Pastors And he that is not for hearing at all is not to be Tolerated And indeed if those that are no Members in Communion of any Church but meer Catechumens or Auditors should be forced to hear in their own Parishes ordinarily if there be meet Teaching I oppose it not L. But is it no● as injurious to force men against their Consciences to Hear as to Communicate M. No the Case is greatly different Nature bindeth all men to learn that they may know what is good or evil to themselves Learning and Knowledge is the common Duty and Interest of mankind and though no man can be forced to Believe and Repent he that is forced to Hear may hear that which may make him Voluntarily Believe and Repent You must force your Children to Learn but not to Communicate I told you that to give a man the Sacrament is to give him a seal'd Pardon and Gift of Christ and Life which no unwilling man is capable of but he may be capable to Hear and Learn And this being only to those that are refusers of all Church-Communion or are uncapable and are in none either Approved or Tolerated what Conscience can such pretend against hearing or against being restrained from crimes and profaning holy things or reproaching Religion though they be not constrained to what they are uncapable of L. I am fully satisfied that your way of dividing all the Subjects into the Approved the Tolerated and the Intolerable is of absolute necessity And to conclude I am satisfied that you Non-Conformists have a Cause so good that you do well to suffer for it but were I in your case I know not what I should do my self The Flesh and World are strong and it 's easier to be convinced that one should be a Martyr than to submit to Martyrdom God be merciful to our weakness M. He trusteth not Christ that thinks he shall be a loser by him and he that will save his life from him by sin shall lose it and he that loseth it for him shall save it L. X. Your 10th for some Toleration will never be endured though the truth is your Reasons for it are unanswerable and your Limitations so strict as prevent most of the Objections that might be made against it M. God's Law requireth forbearing and forgiving one another and receiving the weak in Faith. And they that cannot Tolerate the Tolerable methinks should fear the thoughts of death lest then God will not Tolerate them but cast them out as they cast out his Children L. I confess you convince me that know what most Patrons in England are that it is unfit that all the Peoples Souls should be so far at the mercy of those Patrons that seem to care but little for their own as that no man must have any other or better Pastor than they will choose for him and that all mans duty to care for his Salvation and all the judgment of the Church of Christ from the Apostles dayes till a few hundred years agoe should wholly give place to the pretended right of any fellow that can buy an Advowso● or Presentation And it were to be wisht that it were wholly taken from them and left to the Clergy and People alone the Magistrate being Iudge whom he will Approve or Tolerate But there is no hope that Patrons will let go their supposed right if an Angel from Heaven should speak against it but in all reason they should grant the Communicants that small consequent Vote of Consent or Dissent that you pleaded for but if they will not do that they should give them leave to go to another Parish or to choose a Tolerated Pastor whom they will maintain But men are so set on their own ways that they banish all sense of others case and of what conduceth to the common good M. We can but bring the truth to light and shew a self-wounding people the Balsam that must heal them and stay till God will give them a heart to use it L. But you are so careful not to offend them by ●otioning 〈◊〉 wide a Toleration that I doubt it will do little good For 1. some will scruple some of the Subscriptions or Oaths which you grant shall be imposed on them 2. If all the Tolerated must be responsible for their Doctrine and Ministration it 's two to one but the Rulers to whom they must give account will be so contrary to them that they will have no peace or safety M. How would you have these dangers and inconveniences be avoided An unlimitted Toleration of the Intolerable is it self Intolerable and you can devise no safer limitation The engagements which they are to take tell you the Terms of Toleration and if men will-Preach against those Terms that is against the Christian Faith or the Holy Scripture or their Allegiance to the King or if they use their Meetings to destroy Love and Peace