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A62452 A discourse of the forbearance or the penalties which a due reformation requires by H. Thorndike ... Thorndike, Herbert, 1598-1672. 1670 (1670) Wing T1044; ESTC R1719 71,571 188

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the Church is no further Visible then it is Catholick ANd thus shall the Church become Visible according to the Will and Ordinance of God which being in decay by the malice of man though not Invisible yet must needs become hard to be seen at least to the purpose of Gods goodness For by the discourse premised it appears why it pleased God to provide that the true Church should be Catholick That is to say that when it was so easie to discern the True Church from all that pretended being indeed Hereticks or Schismaticks the simplest were left without excuse if they made a wrong choice Which if it be true how can it be in the Power of any Church or of the secular Powers that maintain it being bound to continue a Member of the whole Church to introduce that for Reformation which cannot appear to be restored but may seem to be innovated Which how should it be done without owning that ground of Reformation which I have delivered and by consequence those bounds which the said ground inferreth And I do very well believe that none of those who decline Conformity with the Church would have the Face to deny this had they to do with the now Missionaries of the Church of Rome For it would not serve their turn in answer to them to plead that the Pope is Antichrist and the Papists Idolaters having Reason to challenge that God hath founded a Visible Church It would be absolutely necessary to plead though the goodness of God hath instituted a Visible Church yet that by the malice of man it might be and is become Invisible for the difficulty of finding Salvation by it though absolutely Visible because Salvation might always be had in it It is easie for him that would answer them with a good Conscience for Truth and not for Victory to maintain the Church to be Visible so far as the Faith and the Laws thereof continue Visible But that so far as the Faith and Laws thereof may be disguised from that which was from the beginning so far it may and is to be said that the Church which by Gods Ordinance is and ought to be Visible by humane disorder is become Invisible Which being said it follows immediately that as all estates in the Church are obliged in their several qualities to do their utmost that the Church may be Visible the Salvation of all Christians requiring them to Resort to the Communion of the Church which they believe to be Catholick so there is no other way to make it Visible but to restore the Faith and the Laws of the Church that from the beginning made it Visible And therefore no Christian Church or State can have Power to Reform the Church any otherwise then by restoring that Faith and those Laws which the Church may appear to have had from the beginning It would be Sacriledge and Vsurpation upon the Faith which God hath built his Church upon and upon the Laws which either the Apostles have delivered to the Church or inabled the Church to deliver to posterity to introduce any thing else for the Reformation of the Church Which seeing it must needs bind over the Church and Kingdom to the wrath of God as either destructive or at least prejudicial to the Salvation of the People must needs bind over him that hath this opinion to the same if upon so just an occasion he should forbear to publish and to plead it as he may without offense And therefore I take leave to blame all those who declare in behalf of this Church that it departeth and separateth it self from the Church of Rome For seeing it hath been granted in and by this Church ever since the Reformation that there is and always was Salvation to be had in the Church of Rome as a true Church though corrupted I am very confident that no Church can separate from the Church of Rome but they must make themselves thereby Schismaticks before God though before the Church they cannot be condemned for such because the Church of Rome the Authority whereof must needs be ingredient into the Sentence cannot oblige any Body to stand to the Authority which it so abuseth For if God have tied all Churches to Communion with all Churches how should it not be Schism to profess Separation from a true Church And it is every whit as easie to say that we intend only to Reform our selves and that the Separation hath come to pass by the rigour of the Church of Rome Excommunicating those that Reform themselves without her leave CHAP. V. How far this Rule is owned by this Church HEre it will perhaps be demanded whether or no the Law of this Land make this the Rule of the Reformation which we Profess And my Answer is that in effect and by consequence it doth For by maintaining the three Creeds to be part of the Service wherewith we glorifie God by Professing the Catholick Faith and by maintaining the four Councils whereby both the Faith and the then Canons of the whole Church are established it doth in effect maintain the Primitive Church not only till that time but beyond it For seeing it is evident that the fifth and sixth Councils are but appendances of the Fourth tending only to maintain and inforce the decree of it how can it be doubted that the Article of this Church receiving all Councils that have decreed according to the Word of God receiveth and inacteth those which tend only to inforce the Fourth which it owneth for decreeing that Faith which the Word of God teacheth Besides the prayers for the prosperity of the Catholick Church whereby we prove our selves no Schismaticks to the See of Rome when we repay the Curses of it with our prayers Besides that Injunction of Edward the VI which obligeth all Preachers to expound the Scripture according to the Consent of the Ancient Fathers Which as no man can say why it should not be in force So had it been in force we need not have come to the question now on foot And indeed it is in effect that which I demand For it will be found that the Consent of the Fathers is not to be had but in the common Faith and in those Laws which the whole Church either enjoyned or allowed particular Churches So that to expound the Scriptures according to the Consent of the Fathers is to expound them within those bounds and to trouble the heads of Christian people with nothing that is without the same As if their Salvation could be concerned all being safe within those bounds Here I must take notice that the reason why the Church Catholick is to be held may be miskenned if it be extended to all that is called Christians and not limited to that which maintaining the Faith violateth not the Vnity of the Primitive Church If the profession of Christ and Christianity were enough to make men members of the Catholick Church why should not Socinians and Anabaptists belong
Church as one of the Articles of our Creed professes indowed by God with a Right in and over the same And therefore I do not attribute the cause of our divisions to it as unjust but as indefinite and unlimited And I instance in the Tenure of our Ecclesiastical Courts Which by a branch of this Law are declared to be the Kings Courts and the Judges of them the Kings Judges A thing necessarily following upon the Resumption of the Rights of the Crown usurped by the See of Rome into the Crown But which hath turned so great dissatisfaction in the establishment of Religion by the Law of this Land because the Right of the Church in that part of their Jurisdiction which necessarily ariseth from the Founding of the Church by our Lord Christ hath not been reserved to the Church by express Provision of Law Thereupon followed another Law which gave the Judges of these Courts the Priviledge of being Married At such time as the Law of the Land allowed not the Clergy to Marry And by consequence made them no Clergy-men whom the Law owned for the Kings Judges of these Courts Exempting them thereby from the Canonical Obedience which they of Clergy owe their Bishops And leaving their Ministring of the Laws in their respective Jurisdiction to their own discretion as well against as without the consent of their Bishops It is true they subsist by Patents granted by their Bishops and other Ecclesiastical Dignities indowed with Jurisdictions But the Law having declared them the Kings Judges I refer it to Judgment whether it were any marvel that the Bishops and other Dignities with Jurisdiction should discharge themselves of their Jurisdiction upon such Judges as the Law had qualified rather then cross the Law in taking them upon their own charge Part whereof in ministring the Power of the Keys and in correcting the inferior Clergie is essential and necessary to the Office which Ordination makes the Clergy Bishops and Presbyters capable of For it is resolved upon by the Sages of our Laws that such a Patent being granted for term of life the Patentee is inabled to exercise the whole Jurisdiction without and against the consent of him that grants it and shall be maintained against him in so doing by the Law of the Land I am neither to blame nor to excuse them that have not done their utmost to redeem the Office which we are consecrated to a capacity of managing out of that Possession which the Law of the Land thus ingageth For it is granted and it is to be granted that the Church cannot pardon sin As if it could pardon him that is not qualified for pardon Or keep him from pardon that is But the Church pardons sin by bringing him to be qualified for pardon that is not And declaring him pardoned that is If we were Fanaticks and believed no Condition of pardon but only to imagine that we are pardoned There would be no Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Keys of the Church to manage If we believed as some understand the Council of Trent That sin is pardoned by submitting it to the Keys of the Church And that the mortification of the flesh serves only to redeem the temporal Penalty remaining due when the sin is pardoned A Lay Judge having knowledge might manage the Keys of the Church as well as a Priest But because a notorious sinner becomes qualified for pardon when the Concupiscence is mortified which his sin gratifies And because he undergoes his Mortification because he cannot have the Communion otherwise Therefore are they only that consecrate the Eucharist to judge whether he be qualified or not and to give or refuse him that which they consecrate And Commutation of Penance when it supposes not the inward contrition of the heart performed by outward mortification of the flesh is but the betraying of that Soul to damnation whom it admits to Communion not being qualified for it True it is nothing hinders him that is discharged of Excommunication to become qualified by his own private endeavours But God would never have founded his Church upon the Power of the Keys if the Office thereof were only not to hinder and not also to procure notorious sinners to be fit for Communion with the Church And that to procure must be the Office of those who by the Foundation of the Church are to judge who is fit and who not If therefore the Law of the Land provide not that that Office of the Church may be in force to that effect for which the Power of the Keys is given them that consecrate the Eucharist Is it any marvel that the Judgment and Vengeance of God should lye so heavy upon the Land professing Reformation and not inabling that which it professeth to take place My present business therefore is now to say That the Interests which cause our Divisions are so far imputable to these Laws as without the Reforming of the Laws they cannot be cured Two of these Interests I name contradictory the one to the other in their Pretenses For what doth the World complain of but of the abuse of Excommunication daily imployed to inforce the contentious Jurisdiction of these Courts Never imployed to the correction of sin and recalling of sinners Which being the Office of those that receove the Power of the Keys by Ordination cannot be exercised by the Laity without Sacriledge Now granting that the Usurpation of the See of Rome or the Indulgence of Christian Princes and States have procured or granted to the Clergy a larger Jurisdiction then their Office required It would have been no Inconvenience that the whole Jurisdiction should be inforced by Excommunication signifying imprisonment by the Law of the Land If a difference had been made between the proper Jurisdiction of the Church and the Accessory For in this part of it it is an oppression to Christian Subjects that they should be barred the Communion for maintaining themselves and their Right by Law in matters of any Right of this World Though the Clergy were Judges by the Law of the Land But it would be no oppression to them that the Jurisdiction of the Kings Courts should be inforced by imprisonment which Excommunication might signifie by the Law of the Land without signifying a Bar to the Communion of the Eucharist if these were duely distinguished In the mean time the whole indowment of the Church in a manner being irrecoverable by these Courts without Excommunication the scandal of these Jurisdictions becomes a Popular Plea to strip the Clergy of their maintenance Tyths being no farther paid then it please Frantick Fanaticks or contentious neighbours to do right of good will Knowing that Excommunication being odious Imprisonment is not like easily to follow upon it I said that there is another Interest on foot upon a Pretense contradictory to this And I mean that which vulgar Professors of the Laws of the Land set up to themselves out of these scandals To reduce the whole
can have Power to introduce any thing for Reformation in the Church but that which the Consent of the Whole Church either injoyneth or alloweth Not as if the least Tittle of Scripture were not enough to warrant that which it injoyneth to be the Reformation of the Church But whereas the sense of the Scripture is that which remains questionable not the Authority of it that nothing can be the true sense of the Scripture which the Consent of the Whole Church contradicteth And therefore that though there be an appearance of truth in such a sense yet it is not for a Christian Kingdom to inact it for Law till it be duely debated And that being done it will infallibly appear in all which in most things appeareth already that the Consent of the Whole Church cannot contradict the true sense of the Scripture And that it is nothing else but not knowing the one or the other that makes it seem otherwise If the Scripture it self is not nor can be owned for Gods Word but by the Consent of Gods people from the beginning attesting the Motives of Faith related in the Scripture to have been infallibly done by submitting to the Faith which they inforce Then must the same Consent be of force to assure common reason that the Faith and the Laws wherein the whole Church agrees came from the Authority setled by God not by any Consent of all Christians to fall from that which they Profess And therefore though a Kingdom may force the Subjects thereof to call that Reformation which they inact yet they can never make it Reformation in that sense which the Salvation of Christians requires if it be not within these bounds It may be called Reformation to signifie a New form but it can never be Reformation to signifie that form which should be unless it signifie the form that hath been in Gods Church For that being One and the same from the first to the second Coming of Christ can authorize no other form then that which it may appear to have had from the beginning CHAP. IX That it cannot be done without the Synods of this Church ANd therefore it being granted on both sides that the Soveraign Power of Christian Kingdoms and States proceeding duely obligeth the Subjects to submit to the Reformation of the Church and cannot exact Legal Penalties of them which refuse upon any other Terms I do except in the second place that it ought to proceed in all Reformation by and upon the Authority of this Church That is of the Synods For what doth the whole Church agree in so Visibly as in this That the Authority which God hath instituted in his Church should give Laws to his Church And how can a Christian Kingdom promise themselves Gods blessing upon such Acts as they have no Power nor Right from God to do For granting there is such a thing as a Catholick Church it is not possible that any Christian Kingdom which must be a part of it should have Power to inact any thing Prejudicial much less destructive to the Whole to the Visible Being which is the Visible Communion of it And therefore the Faith and the Laws of the whole being the Condition under which the parts are to communicate no Christian Kingdom can have Power from God to give New Laws in Religion to the Subjects thereof which the Church of the Kingdom warranteth not to be according to the Laws of the whole Church If any thing may appear to have been in force in the Primitive Church and by the abuse of succeeding times to have become void I do not deny that the Secular Power may Reform the Church by restoring it though the Church should refuse their Consent to it The reason is because the Church would be without help if there were no Lawful way to restore the decays of it Which we agree have come to pass without the consent of them that are chargeable for the decay of it Now the Faith and the Laws of the Catholick Church are the Birth-right of all Christians Purchased by undertaking to Profess one Catholick Church at their Baptism And Christian Powers are to protect their Christian Subjects in their Birth-right And the Authority of the present Church is not seen in the Faith and the Laws of the Whole Church For it is meer matter of Fact what they are The evidence whereof praeexistent to the Authority of the present Church cannot be understood to require or to presuppose it And therefore the Authority of the Church cannot be violated by reducing the Faith and the Laws of the Primitive Church into force Nevertheless in regard that which is decayed can seldom be restored without determining new Bounds which the present state of the Church requires It is manifestly the Office of the Church to determine the same Nor can it be done by Christian Powers of this World without assuming to themselves that Authority in which they are to maintain the Church For though Soveraign Power hath Soveraign Right in all Causes and over all Persons Ecclesiastical yet is it capable of no Ecclesiastical Power or Right But is to maintain those that have it by the Laws of the Church in the use of it If any thing were done at the Reformation setting aside the Synods of this Church which I am here neither to deny nor to acknowledge it must be justified upon this Account that they refused the Authority of the Whole Church in authorizing the Reformation of this Church If any thing now may appear to be demanded upon the same Account let the Authority of the Synods be passed by for their punishment if they hinder the Reformation of the Church by refusing it But that cannot appear till it may appear First that the matter demanded ought to have the force of Law in the Church having been of force and since decayed by the injury of time or corruption of men Secondly that it is of such weight that Religion is like to have more advantage by restoring it then the Vnity of the Church shall suffer by violating the Regular Authority of the Church What thanks I shall have of my LL. the Bishops for this I know not For I deny that they themselves can have any Authority in the Case that shall not be confined within the same bounds But it is not possible for him that is the most jealous of the Rights of the Crown in Church-matters to say what danger there can be to this Crown in securing the Conscience of the Kingdom by the Authority of the Church For the acknowledging of those Bounds which the Authority of the Church is confined to as well in respect of Soveraign Power in the Dominions whereof it subsisteth as of the rest of the Church leaveth no Plea for it to Vsurp either upon the Crown or upon the Christian Subjects of it And all this I claim by S. Paul where he commandeth all Christians to abide in that state in which they are called
they can challenge by their Orders what pretense is there to imagine that there can be any such Crime as Schism if this be not it That God should bless that which is done by such gross Vsurpation as this is And when all this is said it remains free for me to say That there is no other way to restore and to preserve Vnity within the Reformation but by establishing and maintaining Episcopacy in that Authority which it hath always had for the determining of differences Nor maintain that Authority but by confining it within the Bounds which the Faith and the Laws of the whole Church do limit As for the Fanaticks which make our Orders void because the Pope is Antichrist and the Mass Idolatry whence our Bishops received and where they exercised their Orders I will only consider the Case of the Donatists forejudged by the whole Church They pleaded in point of fact that Caecilianus was Ordained by Apostates A thing which the Church was so clear in that the African Bishops offered to give up their Sees if it were proved But besides in point of Right had it been proved and Caecilianus owned by the Church because it did not appear or because they thought the Canons ought to be dispensed with for Unities sake those that Ordained Caecilianus having repented of their Apostacy shall we imagine that the Church was lost by owning those that had been Apostates and their Ordinations The Donatists are branded for Hereticks and Schismaticks maintaining all the Laws of the Church but that of Unity And shall Lay-Christians presuming to authorize Lay-Christians to consecrate the Eucharist and set up Churches be esteemed less then Hereticks and Schismaticks Let those that pretend to Unity find that Forbearance which a favourable construction of their actions signifies But Charity to the sound obligeth to take the profession of Schismaticks in the worst sense which if we do the making of Independent Congregations Churches will be the denying of One Catholick Church and the making of them Hereticks that do it CHAP. XVI That changing the Laws for the Weak is not Forbearance BUt if it be a thing absurd in common sense to allow them their Orders much more absurd will it be to change the Ecclesiastical Laws of the Land for their sakes Which is nothing else but to purchase their Ministry at the price of our Religion which the Ecclesiastical Laws contain Here we must distinguish two questions For it may be lawful for Christian people to live by those Laws which it was not lawful for Superiors in Church and State to make A thing evident to all that believe that it was possible for our Ancestors before the Reformation to be saved under the abuses of the Church of Rome But our question is whether or no the Laws of Superiors injoyn that which Gods Law forbids Inferiors to do Otherwise it is pernicious to all Government that Inferiors should take upon them to judge the Acts of Superiors But if the matter of the Law be within the Power that makes it to require an Exception for tender Consciences is to say that there is no Power in the World to give any Law to those tender Consciences Was there ever any Heresie any Schism any Religion pretending Christianity that did not alledge Scripture for themselves Did ever any man alledge it that would not be thought to be touched at the heart with it What is there for a Christian to doubt at where the Exception of tender Consciences lyes not Or how shall we that agree against the See of Rome but agree not in the terms and grounds of Reformation be tryed in the sense of the Scripture Can any man imagine that S. Paul intended to destroy his own Authority of giving Law to the Church which he exercised when he ordered the Jews and Gentiles at Rome to forbear one another Or is this Authority dead with the Apostles What Church then can there be alive if there be no Authority deriyed from the Apostles to give Law to it But the Authority is not questioned so it provide for weak Consciences Episcopacy will be owned if the Secular Power will force it to take them for their Presbyters whose Ministry they cannot give account to God of Being both authorized and exercised by Laws made without and against their Authority This no Christianity can justifie Christianity maintains the Estates of the World in all the Right they had when they became Christians And cannot justifie it self to the World otherwise How should the World receive it upon other terms But if the World stand upon the same terms having received Christianity as afore then must Christianity and the Church continue in the same Rights which it had before the World received it No exception to be allowed but as afore If it appear that the Faith and Laws of the Primitive Church be decayed Not if it seem to private Spirits that the Scripture is not fulfilled In the mean time is it for the honour of the Religion we profess that Weakness which at the best is negative ignorance in truth perhaps wilful ignorance should give Law to it Is it reason that they who have failed to destroy both Church and Kingdom should give Law to both As if a Child should govern the House because he will be framfold and disquieted otherwise Surely it is that which the Emperor said to his Niece Put as tibi injuriam fieri nisi imperas But is that the way to have Peace in Religion When Inferiors shall be made to tread upon the necks of their Superiors they will be so modest for the future as to stay there They will be content to have their Doctrine regulated by them as the Law of the Kingdom requires Or they will think fit that the Bishops be content with their Revenues and leave them to Preach what they please Surely they that can carry the dispute of a hundred years wherein the Bishops had so visibly the better that Club-law was found requisite to get the advantage will not lay down the Cudgels here So they that agree in conforming to the Laws differing every day in that which the Law determines not the Recusants on both sides may make hay in the heat of our Contentions and profit more by such a Law then by the War which destroyed this Church But especially the Atheists who have profited so well under these Contentions as to make that visible which was but foreseen under the Usurper That no Religion would in time stand to be the Religion of the Kingdom They having the Priviledge of the Laws and not liable to any Infamy when the differences maintained make Religion contemptible shall have cause to thank all that shall have done their work by solliciting such Laws CHAP. XVII Of the Opinion of Regeneration by Baptism ONe point I must not pass over in silence which hath been named for a point to be changed That all passages seeming to determine the Opinion of Baptismal
to have been decayed and depraved in the Faith and Laws of the then present Church We have a Reformation established by certain Laws of the Kingdom which all men know how great a part of the Kingdom declineth because the See of Rome disclaimeth it And therefore the question is what that Law should be that may oblige Recusants to the Reformation which we profess For division in Religion can never so deprave mens senses as to punish them for refusing that which they are not obliged to embrace And yet who would have the Kingdom to establish that Reformation which they would not have it inact by competent Penalties Now such is our Case that since the afflictions which this Nation hath been visited with have revived the humor of departing into Conventicles Independents and Fanaticks decline Communion with this Church as much as Recusants And if we will speak properly to be understood according to the Laws we must distinguish them by the addition of Popish or Fanatick Recusants Whereupon the question arises what Penalties are competent to the one to the other whether the same or diverse For as there can be no Law if there can be no Penalties to enact it with So there can be no Penalty unless the Legislative Power be Judge of the Cause why the Parties decline the Law and may secure them in Conscience that they ought not to decline it Can any Christian Power punish the disobeying of that Law concerning which it cannot secure the Consciences of them that obey But there is a further difficulty in our Case in regard of the Presbyterians Who whatsoever they may do or may have done since the time of disorder have always pretended to the service of the Church so far from disclaiming Communion with it For grant they do usurp the liberty of Conventicles to hold their People at the more distance from being reduced to Law their pretense is not to be obnoxious to the Law for violating it but to make the Law obnoxious to themselves by reforming it Suppose we them then comprehended with the Clergy whose Authority is included in the present Laws in the same Priviledge of ministring in and to the Church Our Case is not stated till we consider that which all Pulpits ring of that no Religion stands to be the Religion of the Kingdom The Case was like to come to this when Cromwell first usurped For then it began to appear that this would be the fruit of his Course in maintaining all Parties in the Religions which the licentiousness of the War had allowed them to exercise The Laws having recovered possession and the dispute remaining by what Penalties to be exercised whether any or none whether those that are or what others I need not say that there is any Profession of Atheism which could never be professed among the very Gentiles This I say that whosoever favours it will necessarily shelter himself under the Law professing that which it maintaineth And therefore that it is to come into the state of our Case in which Forbearance is demanded for tender Consciences how it is to be limited That those who have No Religion if any such should be may not have the Benefit of it So the question now in hand is of the same consequence as if it were demanded upon what terms the Reformation of the Church is to be stated For whatsoever comes to debate the question will always be how far we ought to depart from the Church of Rome The other part of the question What Penalties the Reformation duly stated may or is to be inacted with will depend upon this for the greater part of it For what can render the subject of this Kingdom liable to Penalty for not obeying the Law which our Reformation is established with but that he is first bound in conscience to embrace the Reformation and to do the duty of a Christian according to it Only what Penalties and how great or or how grievous it is to be or may be inacted with This will further require the reason which makes it the duty of Christian States to joyn in Reforming the Church CHAP. II. That a private Person may be obliged to declare in it THis is that which obliges a private person as I am to declare his Opinion when so great a concernment of his Conscience is at stake For who could ever think the Reformation could stand were not the Clergy obliged as the Law obliges them every one in his place to reduce Recusants to the Church Or how should they either do this or stand obliged to do it if the Reason upon which the Reformation and the Law by which it is stated proceeds inable them not to convince them that they are bound in Conscience to embrace it These hundred years hath the dispute been on foot Very nigh so long it is since the Bull of Pius V. acquited the Subjects of the Kingdom of their Allegiance to Q. Elizabeth The Government being then jealous of that Party those that had appeared before in the Troubles of Francford to challenge a share in the Government of the Church thought this the time to set their pretensions on foot It is to be seen by Camdens Annals that when the Recusants first forbore coming to Church about that time did this Party begin to be known by the name of Puritans Ever since that time did these embers lye raked up in deceitful ashes still most appearing when the State was most solicitous till at length the Party appeared in Arms against the late King and prevailing in those Arms became divided into those several Parties which remain united in the Plea for tender Consciences For the Laws recovering by His Majesties return the same embers which it was then thought fit to rake up again in the same deceitful ashes upon the first rub have flamed out again to demand Law to justifie that which they usurp by way of Fact against Law Both pleading that their Consciences cannot be subject to any Law in the Case and that Christianity hath not wherewith to clear up those doubts against which if they proceed they are damned It must therefore needs be said that the present Laws have been justified beyond all contradiction that may pretend any thing to be commanded by the Laws which Gods Law forbids So that the demand of new Laws seems to be a demand that the Conclusion be contradictory to that which is inferred by the Premises And what should Weakness demand of Reason that is to give Law but inconsequence Only let not inconsequence in Reason draw mischief upon us in effect We have hitherto answered the demand Where was your Church before Luther That it was where it is The same Church Reformed which was decayed and depraved afore Neither can we ever answer otherwise till we renounce our Creed and deny that One Holy Catholick Church which we must be saved by believing and by continuing in the Vnity of it Depart we once from
Christendom have something else to do then to imploy the forces of their Dominions to that purpose And that if it prove for the Interest of some of them at some times it will prove not to be for the Interest of others at the same or other times Of which Interest as they are indeed and in Conscience to give account to God and not to the See of Rome so that they will ever make the See of Rome the Judge of them what appearance can there be So it is time of the day for them to hearken to Reason whether they regard God and Religion or Interest and themselves But is not our Case the same Or are not we transported as far with the conceit that they are limbs of Antichrist and Idolaters as they are with the conceit that we are Hereticks and Schismaticks Have we not as long expected when the Kings would joyn to strip the Whore of Babylon naked as they when they would joyn to reduce the Hereticks by force And is it not yet time of the day for us whatsoever opinion those that imploy their time in searching the meaning of a Prophesie may have at least to make it no Principle of our Profession nor to maintain Separation upon the Account of it Knowing that were the Pope twenty times Antichrist and the Papists Idolaters he can never be Antichrist nor they Idolaters for any thing that the consent of the Catholick Church either alloweth or injoyneth So that whatever become of any Prophesie in Gods Word and the sense of it the bounds of Reformation will be the very same And he will be no less an Heretick or a Schismatick that makes the Pope Antichrist or the Papists Idolaters for doing or believing any thing which the Church from the beginning hath injoyned or allowed to be believed or to be done then if he pretended no Prophesie to prove it If ever any people had cause to reflect upon the sad consequences of this conceit we are they that shall find no probable reason to impute the mischiefs of the late Vsurpation to but the hope of fulfilling this sense of this Prophesie It is a vain thing to think that a man who believed no God could Act a counterfeited Religion throughout as we have seen the Usurper do He that could hope to be saved either without Faith or without good Works by having Christ alive at the Heart why should not he think that all the foul way he went through was the Service of God having intended to strip the Whore of Babylon by his means Neither Manichaeus nor Mahomet nor any Enthusiast can be barred of the like aim with this if once he make his private Spirit parallel to the Scripture For that which the same Authority last dictates as in Wills and Testaments must take place I say not that this is the Case of those that interpret this Prophesie of the See of Rome I believe they follow their Reason in expounding Scripture by Scripture But if their Reason be not the Reason of Religion the Reason of that Christianity which we all have Interest in the private Spirit that follows it may take all for Gods Service though never so wicked that is done in prosecution of it In the mean time Division increasing among us as it does I think I gratifie our selves and not the See of Rome in proposing that truth which reconciles the Interest of Reformation to the Interest of Vnity in the Church For in Civil War as Schism is nothing but a Civil War in the Church that Party that divides is the likely to Ruine And though the first hopes of the See of Rome have proved addle yet if our Divisions prevail they must needs have fresh hopes to prevail by our Divisions CHAP. VIII That it is the Duty of this Kingdom and of all Christian Soveraignties ANd therefore I must freely profess my opinion without any manner of hope that ever the See of Rome will abate any thing of their rigour Though the Reformation should content themselves with these terms For I find by the proceeding of former times that it is their Maxime to stand to that which they have once done And to mark those Popes to posterity that have abated any thing from the rigour of their Predecessors For being arrived at this Greatness by this Rigour and obstinacy in all Pretenses right or wrong they will always think themselves obliged in Reason of State not to yield so much as the Cup in the Eucharist Though the Council of Trent leave it in the Popes Power to grant it Because granting that any thing is and hath been amiss who shall secure them that nothing more shall be questioned then is indeed amiss when we see no point in Religion remain unquestioned some time or some where Not considering all the While that this Rigor is the cause of Division and Division the cause of these Questions And that the Reason of Reformation being owned on both sides there is a Ground restored for Confidence that they who accept of it will stand to those Bounds which it setleth But if the See of Rome can have no Power against the Whole Church Much less can any other Church or any part of the Church or any Secular Power that protecteth it make that to be Reformation which the Whole Church alloweth not Or secure their Subjects Consciences of the Salvation they seek in exercising their Christianity according to their Laws but by confining the Reformation which they maintain within those Bounds which the Faith and the Laws of the Whole Church either require or allow Now how can the Interest of the Nation be secured without due ground for hope of Gods blessing upon that which shall be done How can there be ground to expect Gods blessing till it appear how all Subjects of this Kingdom shall stand discharged at the day of Judgment following that form which the Kingdom inacteth rather then that which the See of Rome requireth For there are other Christian Princes and Soveraignties that command their Subjects to obey the See of Rome whose Subjects must as well stand discharged to God upon the same Plea as the Subjects of Reformed Princes and States And how shall the Consciences of them that make Laws be secured if they cannot secure the Consciences of them for whom they are made Or how can Gods blessing be expected if this security cannot be evidenced It is not yet time to ask how those that allow not the Reformation upon these Terms should be punished Because there are that pretend that no punishment can be inflicted for disobeying any Law of the Kingdom by which Religion is setled But it is time to say that they make it a very ridiculous thing for the Legislative Power to make Laws for the Kingdom which they can inact by no Penalty And how shall this difficulty be voided but by demanding nothing but that which Christianity will require of all Christians That no Christian Kingdom
was setled upon that Faith and those Laws that are now as Visible as the Laws of England from which present Titles are derived can be Visible must needs have that Right from which the Right of all present Soveraignties must be derived Because the Church whose Interest concurreth with the Interest of them all in the same matters is always One and the same and ought so to be from the first to the second Coming of Christ And that answers any difficulty that may be objected when any Law of any Roman Emperor or other Christian Prince or State seems to infringe the Canons of the Church For the Protection of the Crown being of such advantage as it is both for the inlarging and maintaining of Christianity It is enough that the Church can continue One and the same Visible Church by one and the same Visible Laws Though the force and effect of them be hindred now and then here and there by some Acts of Secular Power which in some regards may advance the Church as much as they hinder it in others It was necessary for the Crown under Henry the VIII to vindicate the Supremacy from the pretense of the Popes Secular Power which had been on foot divers Ages afore And therefore not to have to do with him that pretended to assoil the Subjects of Princes whom he should excommunicate of their Allegiance till they might owne him upon terms consistent with the Protection they owe their People And it was still more necessary under Edward the VI. when the Reformation was inacted which they knew well enough that the Pope would not endure But when the Right of the Crown in Church-matters is declared by Law to be the same which the Kings of Gods Ancient People and the first Christian Emperors did exercise the ground of that Interest and the bounds of that Interest which the Church must challenge if it will continue a Church are declared to be the same which the Faith and the Laws of the Whole Church from the beginning do allow CHAP. XXIII Of restoring and reforming the Jurisdictions of the Crown and of the Church in Ecclesiastical Causes ANd this makes the Reformation of our Ecclesiastical Laws as easie as it is visibly the cure of all distempers in Religion among us It is in brief this That the Jurisdiction which may by this means appear to the Kingdom to be invested in the Church by Gods Law be by a Law of the Kingdom restored to the Clergy To the Bishops in chief then to the Chapters of their Cathedrals and to their Archdeacons And to these not without the Assistance of the Principal Clergie of their Respective Jurisdictions the Judges of the Ecclesiastical Courts continuing the Kings Judges as they are now by Law to manage the Interest of the Crown in all the Rights thereof resumed into the Crown by the Acts of Supremacy according to the Roman Laws in those Ages of Christendom which passed before the Usurpation of the See of Rome had taken place If it be said That it is not Visible when those Usurpations took place I shall allow all the time which that Code of the Canons contains that Pope Adrian sent to Charles the Great In whose time there can be no pretense of Usurpation upon the Temporalties of Princes by the See of Rome This Code is yet read under the Name of Codex Canonum Ecclesiae Romanae I have commended the Justice and Wisdom of that Commission which was designed under Henry the VIII and Edward the VI for the qualities of Persons limited by it But I do not think it possible for any Commission to Reform the Alterations introduced by the Popes Canon Law after that time in one Kings Raign with that circumspection which is requisite The Jurisdiction which the Church challenges by Gods Law can not be distinctly stated with more satisfaction to all Interests preserving that of Religion then by a Commission so qualified The Interest of the Kingdom in preserving the study of the Roman Laws hath always been thought considerable But how shall the study of them be maintained if the Authority of them be not maintained Or how shall that Authority be maintained but by adopting them into the Law of the Kingdom in matters necessary to be provided for by Law but not provided for by the native Law of the Kingdom Or what provision can there he by the native Law of the Kingdom for those Causes which for so many hundred years before the Reformation the Popes Canon Law had sentenced by the Authority of the Kingdom There is an Interest of Religion in Matrimonial Causes in Testamentary Causes in Causes arising upon Elections of Corporate Clergie in Causes of Dispensation in Canons in Causes of Tithes in divers sorts of Causes besides those which the Power of the Keys in the Discipline of the People and the Correction of Inferior Clergy occasioneth Let me not say that it were Barbarous for a flourishing Kingdom in a flourishing Age for all other Learning to reduce the Tryal of them to the Arbitrary Verdicts of Juries Who can never understand the Grounds upon which the matter of Fact is to be stated when I can so clearly say that there can be nothing more like to meer Tyranny then Arbitrary Justice nor Justice more Arbitrary then where it is manifest that there can have been no other Law provided because the Canon Law hath been hitherto used As for those Causes which are proper to the Church as rising from the Constitution of it how can it stand with Religion and Reformation in Religion which we pretend to try them otherwise then by those which the Kingdom shall be satisfied by such a Commission that they are by Gods Law capable of Authority to do it And the Interest of the Crown and of the Subjects which it is bound to protect shall be secured when provision is made by adopting the Roman Laws for managing the Rights of the Crown resumed by the Act of Supremacy within those Bounds which the Roman Laws maintained before the Usurpation of the See of Rome It cannot be denied that the Popes Canon Law which the Law of the Land hath already adopted so far as it contradicteth not the Law of the Land provideth for many things not provided for by the Primitive Canons within the Compass of the Roman Laws And it would be too much rashness to recal that Adoption and to leave so much matter to arbitrary Justice rather then retain a Provision which the Law and Religion professed by the Kingdom owns not the Original of though it owne the matter it hath adopted For whatsoever shall prove by time and tryal to hinder the Reformation which we pretend thus to ground and thus to bound the faults that shall be found by experience must open the way of mending it because the Cure must be as particular as the disease is And upon these Terms it can be no dishonour to the Kingdom and to the Reformation
man is not subject to God Such are the Invocations of Saints the Worshipping of their Reliques and Images the Pilgrimages and Indulgences commended or commanded by the See of Rome And such they may be owned to be by him that dare not undertake them to be that Idolatry that was punishable with death by the Law of Moses And being such it will be punishable in all who for an undue respect to the See of Rome will not have their fellow-subjects freed from superstitious customs Nor obey the Laws of their Country that give them this freedom But if this be the due Reason for which it is punishable the same Reason will render them punishable who think they serve God by running into Conventicles in despite of the Laws of God and their Country For what is that but a pretense of paying the debt of Religion which Christianity makes due to God by worshipping an Idol of their own setting up That is as I said afore by worshipping God according to an Imagination of their own erecting and not according to that which the common Christianity requires And thus I am come to the Conclusion which I intended without disputing whether or no the Papists by their Religion do exercise that Idolatry which is punishable by death in Moses Law For if capital Penalty lye not in our Case If it be agreed upon that they are punishable upon the same Ground for which the other sort of Recusants are punishable then is the way clear before me to proceed to declare what Penalties both sorts of Recusants are to be or may be punished with Supposing our Reformation confined within those Bounds which the Faith and the Laws of the Catholick Church either determine or allow CHAP. XXVIII All that take Arms against the Soveraign to Reform Religion may be liable to Capital Punishment BUt if the Papists cannot be liable to capital punishment as Idolaters neither can they be liable to it as limbs of Antichrist The name of Antichrist is a challenge of Soveraign Power Because the name of Christ is so Signifying a Prince and a Prophet raised and setled by Gods immediate Word which is the Soveraign Title For Antichrist can signifie nothing but a counterfeit Christ One that pretends to be Christ and is not Our Lord Christ being the Messias which the Fathers and Prophets from the beginning expected But the Soveraignty of Christ is declared by himself to be a meer Spiritual Soveraignty which all the Jews even the Apostles before our Lords death expected to be a temporal Kingdom And therefore whososoever it is that groundeth Soveraignty upon Christianity though he be not Antichrist for that yet is he the enemy of all Christian States for it And so are the Subjects of all Christian States that think themselves free of their Allegiance to Princes or States Excommunicated by the Pope And upon this account I deny not that Papists may become liable to capital punishment or to banishment with confiscation Which seems to be of the two the greater punishment But this neither common to all Papists nor proper to Papists alone For that this is not the Faith of all Papists I need no more then the distance between the Secular Priests and the Jesuits here to prove And that it is not proper to Papists alone I need no more then the Scottish Covenant and the troubles of the three Kingdoms upon it to prove And therefore it is a thing absolutely necessary to make those Penalties just which the Laws inflict upon the Papists that they distinguish between the Cause of Religion common to all and the Cause of them that make it a point of Religion to violate their Allegiance to a Soveraign deposed by the Pope Nay it will be necessary in point of Justice to impose the same Penalties upon all of all Religions that may think themselves discharged of their Allegiance upon any account of Religion whatsoever It is manifest that they who take Arms against their Soveraign to reform Religion do ground themselves upon the Title of Religion and think themselves tyed by their Christianity to do it As they who take Arms against their Prince deposed by the Pope think themselves tyed in Christianity to execute his Sentence Those whom the people follow in reforming Religion against the will of their Soveraign Those they make as much Judges in reforming Religion as the other do the Pope And all that refuse to secure their Soveraign by Oath that they will neither lead nor follow any man in reforming Religion without his Authority deserve to be out of the protection of that Sword which he weareth not in vain They fall into the Case of the Jews expecting the Messias For when they imagine that he is come they will think themselves dispensed with by their Religion for any Bond of Allegiance But Christian Princes and States are not wont so far as I know to think themselves secured by the Oath of Jews Let this be a difference which they make between Jews and Christians to take the Oath of their Christian Subjects for security of their Allegiance Because true Christianity obliges all good Christians to bear Allegiance to their Soveraigns not to be dispensed with upon any account of Christianity Notwithstanding we see that there are those that count themselves the best Christians that do think themselves dispensed with in their Allegiance upon divers and several accounts of their Christianity But let this Kingdom having had tryal of contrary pretenses think it self bound to declare the same Penalties against the same Crimes And able to impose the utmost Penalties upon all that shall refuse to secure their Soveraign by Oath of their Allegiance And since the allowance which the Law makes in understanding the Oath of Supremacy evidences that it may be understood in a sense offensive in point of Religion let it be thought time to antiquate the old and to inact a new form that may tye all Subjects as Subjects without pretense of offending any Religion by condemning all Religions that make difficulty to undertake it for irreligious CHAP. XXIX What Penalties the Protection of Religion requires NOw I am to say how far Christian Powers are to punish Hereticks and Schismaticks For it is too late for me to say that they may punish their Conventicles having declared the reason why they may do it And being now only to draw the consequence of that reason how far they are to do or may do it Here I must first marvel at our Independents some of whom have disputed in very good earnest that it is not lawful for Civil Powers to impose Penalties upon Religion Whereas the World knows that there never was any such Religion in the World as that of Independents before the planting of New England And that since those that framed Independent Congregations there upon a Covenant whereby they renounce One Catholick Church and One Baptism for Remission of Sins have not only banished Antinomians and put Quakers to