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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
with these Positions which I cannot shew to have been Professed by Visible Bodies I discharge my self upon a number of Pamphlets of the time of that Confusion which was called the Blessed Reformation wherein free Grace was made to be the pardon of sin before it is done Justification to be the Revelation of predestination to Glory and no sin to be seen in Gods Elect. One particularly which I have cause to believe was printed by Cromwells own Appointment because it answered a Petition of Welsh Fanaticks which charged him to depart from his Principles answers expresly that the Principle of Salvation is neither Faith nor good Works but Christ living in the heart and abiding there whatever Principles the Godly may change And for the Church have we not seen our Independent Congregations or do we not see them in New-England refuse Baptism to all that will not take the Covenant which they appoint themselves to take and owne no other Churches but such Congregations I suppose no man in his right senses will imagine that there can be a Catholick Church consisting in the Communion of all such Congregations Or that there can be any Faith to give Law to their Communion who have the Law in their own hand to be to morrow Socinians if they please Or any other Sect that allows Independent Congregations For the Socinians may seem to have the Eldership of New-England for Independent Congregations On the other side do we not see the Leviathan that Monster of a Christian openly Profess that he is bound to renounce Christ with his mouth if his Soveraign command Though still bound to believe in him at the heart So utterly perswaded that there is no such thing as a Church of Gods Ordinance But only by the Act of Soveraign Powers within the respective Dominions of each of them That he had rather renounce his Baptism and so the Benefit of it then owne any Creed or any Catholick Church CHAP. VII That it is for the Interest of the Reformation as much as of the See of Rome HAving therefore observed upon due consideration as I hope that all the Errours which have had Vogue during our late Confusions are reducible to these two Positions destructive to two Articles of our Creed that Profess one Catholick Church and one Baptism for remission of Sins I am still led by the same Consideration to think my self tyed in Conscience freely to Profess that where these two Positions clearly renounced and the sense of those two Articles duely established and received by all Parties that owne the same Creed the Re-union of the whole Church must needs follow For the Power of the whole Church being so stated as to presuppose the whole condition of our Salvation and to extend only to the determining of those things which may promote edification in it without endangering the Unity of the Church why should not I think that there is found by the consent of the whole Church from the beginning so clear a resolution of all that is disputed to maintain Separation concerning the Condition of the Covenant of Grace that it cannot be refused by the Parties owning the common Faith There is great cause to fear that notwithstanding the mischiefs we feel by our own Divisions some would think it still a greater mischief that the Whole Church should be re-united Though upon just Terms and such as must needs re-unite our selves But if the Christian Religion oblige us to do men good against their will He that demands nothing but the Right Vnderstanding of two Articles in the Creed to the Re-uniting of Christendom intends the greatest Charity that those who love Division can receive Whether his demand be sufficient to do his Work or no he must leave it to the World to judge For it is to be acknowledged that when the Condition of our Salvation is setled and all that causes Division upon the Account of it there remains besides very many Disputes concerning Publick Orders as well in the Offices of the Church as in the publick Government of it and the Interest as well of the State as of the Church in the same But let not therefore those that love not Unity pretend Difficulty For they shall find such Principles laid to the determining of them all in the Visible Laws of that one Church which cannot continue One but by owning the same that the due bounds of Reformation cannot escape them that will not decline the thred and the grain of these grounds And yet in all this no man declines the Scripture for the only Rule of Faith But he that refuses the See of Rome for Judge in the Sense of it which is all that remains in question may well crave leave to decline the Judgment of any private Spirit not confined within the bounds which the Visible consent of the Church determineth Not as if the sense of the Scripture were not more and more to be discovered which is indeed discovered every day more and more But because the true sense of it will always fall within the compass of that which the Church hath always received I am very well perswaded that the See of Rome will never hear of any Terms of Reconcilement so long as they see our Divisions increase But I am very well assured that the Divisions of the Reformation can never be Re-united so as to prevent the like for the future but upon that Ground which being received will serve to re-unite the Whole Church There can never be One Visible Faith One Visible Church upon any other terms There can be no such sin as Heresie to violate Faith as Schism to violate Charity upon other terms And therefore it is out of Love to the Reformation that I insist upon such a Principle as may serve to re-unite us with the Church of Rome Being well assured that we can never be well re-united with our selves otherwise That not only the Reformation but the Common Christianity must needs be lost in the Divisions which will never have an end otherwise And he that can take measure how much of it is lost in thirty years time since these Troubles began even among them that inclose the Name of Saints and the Godly to themselves will easily believe that it hath not long to live unless Division be put to death And yet the vain hopes of the Parties ever since the Division may make it appear that both have Reason enough to be reconciled They of the See of Rome have long expected a hundred and fifty years or thereabouts that those Christian Princes that have looked upon the Reformation as dangerous to the Peace of their Dominions should give them assistance to reduce all that Protest against the abuses thereof by force of Arms to submit to their Will Which would be to make that Will the Law of Religion as well to themselves as to those that should be so reduced But the experience of so much time evidences that the Powers of
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
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
Ordination is void Surely S. Paul that commands Christians to be without offense to the Jews and Gentiles as well as to the Church commands them also to be without offense to Papists And will not we have those that would be inabled to consecrate the Eucharist by such a Law to shew us how to satisfie the Papists that such Orders are good At least those that by their sufferings have preserved Ordination by Bishops Let them at least be satisfied of the Validity of Ordination without Bishops At least let no man impose upon them that they cannot yield the Forbearance which S. Paul requires for tender Consciences unless they receive the Sacrament consecrated by Lay-men That is by those whose Ordination they believe to be utterly void CHAP. XV. That the Orders of the Reformed Churches are not void because these are NOw I am to look an Objection in the face which at a distance seems to admit of no Answer but if it be a little considered will appear to have neither Reason nor Religion at the bottom of it It is said that hereby we shall make void the Ordinations of the Reformed Churches of France and others Reformed according to Calvin And so make them no Churches Here we agree that it was necessary for the French as well as for our selves to Reform themselves That it was necessary for all to Reform themselves unto the Form of the Primitive Catholick Church I say not we do agree I say that till we do agree there remains no hope of Unity because no Rule for Reformation in the Church But to the Objection Who hath the Conscience to think or the Face to say that if Ordinations made by Presbyters against their Bishops be void Then Ordinations made by Presbyters where they could not be had by Bishops are void For that is the difference of the Cases It is manifest that the Bishops of this Church when they Ordain Presbyters Ordain them to Minister their Office according to the Laws That is under their Bishops And can any man imagine that hereby they give them Power to Ordain others to Minister their Office by what Laws they please themselves And had the French demanded of their Bishops to Ordain them Presbyters that should Minister their Office according to the Reformation does any man think they would have done it So the necessity of Reforming which we all agree in made the Ordinations of the Reformed Churches The Pride and Presumption which causeth all Heresie and Schism usurping Authority never received made the Ordinations of our Presbyters And shall they be as valid as those All that can be questioned is how it may appear that it was not of choice but of necessity that they imbraced that way of setling and propagating their Reformation which they imbraced And for that we have sufficient Presumption from the Albigenses Who secretly Reforming themselves under the See of Rome did certainly do it by the Authority of Bishops who propagated their Order by Ordinations This may be proved by other testimonies if need be But it is sufficient that the Case of the Bohemians is so well known They having resolved exactly to Reform themselves and having chosen the Persons whom they would have for their Bishops were at a stand how to compass their succession from the Apostles by having them Ordained by Bishops In this nonplus they understood that there were in Austria of the Albigenses that kept secret Communion among themselves under their Bishops notwithstanding that publickly to avoid the Laws they went to Mass To them they sent their Bishops elect protesting against their dissembling but desiring Ordination for their Bishops which thus were propagated And this may well seem to be the Reason why they that Reformed in the Empire according to Luther in the name of whom Melancthon hath offered to be subject to their own Bishops admitting the Reformation set up such a Form of Episcopacy as they could of themselves For they had cause to think that the Bohemians had not advantaged themselves enough by that Ordination which they had been able to procure For it is to be noted that they the Bohemians had sent all over the World to learn how to get such Ordination as might authorize their Ministry according to the Reformation which they pretended And are not we hereupon to presume that the French by these degrees finding a necessity of balking the Authority of the Episcopacy which they were under did think themselves thereupon free to cast themselves into that Form which they use For if it be said That by this time they had profited beyond their Predecessors in discovering the Whore of Babylon that they found Episcopacy to be the Body of Antichrist and therefore renounced it It will appear by many Reasons that this cannot serve the turn First how can the common sense of men endure to believe that the Pope is Antichrist by reason of that Greatness which it is certain and evident that he hath attained by Usurping the Rights of his inferiour Bishops And yet those inferiour Bishops be the Body of Antichrist by suffering those Usurpations which they cannot help Secondly it is manifest that they who should hold this Plea could not pretend by virtue of their Orders received from the Bishops of this Church to Ordain Presbyters Unless they would say that they may have their Authority from Antichrist This Plea therefore must remain for the Independents to authorize them that think themselves in the State of Grace before they are members of the Church to make their their Congregations Churches and Usurp the Authority of Apostles in Ordaining their own Ministers Lastly it appeareth sufficiently that very many learned and religious persons of those Churches have not only approved the Episcopacy here setled But have wished the benefit of it to themselves Whereby it is manifest that those Churches cannot owne this Reason when another so far from it is owned by their principal Members I have another Reason to alledge which weighs as much with me as all these And that is the Communion which hath always been used between this Church and the Reformed Churches For should they hold Communion with us and yet think our Ordinations authorized by Antichrist how could they expect to be believed so grosly contradicting themselves And therefore though I must not take upon me either to justifie or to condemn their Ordinations Averring on one side that they are not according to Rule Seeing on the other side that they are owned by my Superiors yet I must acknowledge that there are very great Reasons to hope and to presume that God accepteth of their Ordinations though not made according to Rule In consideration of the necessity that drove them to it and of the Reformation which they were used to propagate Whereas those that Vsurp the Power of the Keys and the Consecrating of the Eucharist by virtue of Ordinations made in despite of those Bishops from whom they have all the Authority which
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
Law maintain it I suppose it will not be though a good Plea at the day of Judgment for a Subject to say that he was either Protestant or Papist because his Soveraign was so Now Christianity can be Visible by no other means but because it is the Visible Profession of the Visible Church If it become Invisible by differences betwixt Parties it must be in Soveraign Powers to bring the Parties to tryal Provided that there be no tryal but by the Visible Church This is the Forbearance that may be extended by Pastors and may be required by the Soveraign in our Case For the present dissension shews that the Reformation was well begun indeed but not perfected Does not the World know that there was an Act in force for nominating Commissaries to Reform the Ecclesiastical Laws of the Kingdom I am not to say why this Act took no effect I think I have said it when I have observed the rise of the Puritan Party and the seeds of the late War sowed in the beginning of Recusancy But I am to say it could not have taken good effect without taking in the Principle which I maintain What could be more just and discreet then to appoint Commissaries in equal number of Bishops Divines Civil and Common Lawyers But what could have had force but that which had been done to restore and maintain the Faith and Laws of the Primitive Church There are very great Reasons why those that desire to serve the Church should be satisfied in all that this Exception will allow There can be no Reason why more should be allowed To bring them into dispute with their Pastors is to put the Authority of the Church to compromise To compromise any Law of the Kingdom to dispute of Divines upon this Principle is no more then to oblige either Popish or Fanatick Recusants either to stand to the Result or to suffer Penalties competent to their disobedience and the hazard which the Publick Peace runneth when the Peace of Religion is disturbed If that which hath been pretended be all that is intended That some small things are scrupled Let the Legislative Power be satisfied that the preservation of Religion and of the Authority of the Church in which the preservation of Religion consisteth is only sought The Interest of the Parties to give and to receive mutual satisfaction is so great that if there can be ever hope of Peace by dispute this is the time and ours the Case wherein to hope for it CHAP. XIX Probability of recovering the Presbyterians FOr I cannot have so hard an opinion of men whose zeal for the advancement of Discipline in the Church I have always esteemed as to think them resolved to ruine the Common Christianity without hope of doing their own business seeing this to be the unavoidable consequence of holding up the difference on foot rather then taking up with so much of their own Pretensions as the State of the Catholick Church will allow Let them consider in the first place the Recusancy of the Fanaticks as well as those of the Church of Rome What hope their Principles can give them either to make their Recusancy punishable by the Law of the Land or to reduce them by convicting them of that sense of the Scripture which they only allow themselves to convict them with I set aside for the present those Prophesies of Daniel and the Revelation by which they pretend the Pope to be Antichrist and the Papists Idolaters For I must argue in due place that the Recusancy of the Papist cannot be punishable by Law upon this Account But how will they either reduce the Recusancy of the Papist by those punishments which the Recusancy of the Fanaticks must suffer or give the Kingdom God and the World a Reason for the why not which the best of them is here challenged to undertake Then let them consider the wantonness of these times and the wits of them that think it good sport to call in question the foundation of Christianity upon the belief of Original sin by introducing the praeexistence of Souls That think it but sport to make ready their studies in Divinity for the Pulpit by Episcopius his Works denying Original sin both name and thing and making the Faith of the Holy Trinity unnecessary to Salvation Or rather by the Works of the Socinians collected and united together in Holland on purpose to prepare us for the same Apostasie to Socinianism which they are in so much danger of there Let them consider what hope they have to make the Vniversities good Presbyterians that have sowed the seeds of this danger in them by the dissatisfaction they had of their Doctrine when they were in Possession there Then let them tell me what we shall say to the Papists to perswade them to come to Church when as they shall say that they cannot be secured that their Curate is no Socinian or Origenist For the Arminian Congregations in Holland having admitted the Socinians into their Communion and the Canon of the Church making all Socinians in the eye of the Church that Communicate with Socinians how shall they be secured against those that take their Doctrine from the Socinians Or from them who communicate with Socinians Besides let them but remember the time when they had the Ball at their Foot an Ordinance of Parliament for setting up their Presbyteries And how much they gained upon the People whom they had disordered out of all Ecclesiastical Government when they came to be at what they would be at I think they will be at so great despair of reducing the World to their intent having nothing in the Law of the Land to favour it that they will think that they have cause to thank God of a good opportunity to bring them off from an ingagement in which they are like to gain so little by hazarding the common Christianity As for the Clergy of this Church I suppose there is none of them so little a Christian as to repute it a loss to the Party to see their Adversaries capable of that trust in the Church and those rewards of it which they have suffered for themselves For if the necessity of the Kingdom hath required an Act of Oblivion much more must the necessity of Religion which cannot be attained without a cordial conspiring of those that are to manage it inforce a mixture of Interest And that being considered let any man tell me how that can be made but by a Third in which all are alike Interessed That is by owning the Faith and the Laws of the Catholick Church whereby the Papist is either reduced or left punishable as the Fanatick CHAP. XX. The Cure by repairing the Revenue of the Church BUt all this is but a Cure for the Symptom Should such a Conference take effect the Cause of the disease would remain intire For the Cause of our Divisions is not these differences which are too inconsiderable to produce so incomparable a
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
which it professeth to use the Canon Law which it adopteth till time shew the way of amending those particulars which time shall shew that the Reformation pretended requires to be changed For instance we know that since Henry VIII it is not the custom to take any degree in Canon Law Notwithstanding the Law of the Land adopteth the Canon Law And accordingly we all know that Graduates in the Civil Law of the Romans are priviledged by the Ecclesiastical Law of the Kingdom I would fain have any of them that would wear the Face and the Conscience of a good Christian and a good English man both Give me a reasonable Account of these their Tenures waving that which I here set forth for them whom they will think too bold with their Freehold for it For my part who am no mans foe but my own in publishing my Opinion thus freely upon this Exigent I think I do good service to them with my Country to set forth this Account why and how the Roman Laws deserve to be adopted into the Laws of the Kingdom Namely that the Popes Canon Law which is already adopted may be limited within those Bounds with the Roman Laws And by consequence the Primitive Canons of the Church which the Roman Laws acknowledge and inforce do either prescribe or allow I would make a further Offer of introducing the Roman Laws both into the Study of the Law of the Land and into Authority in our Courts of Equity And of reconciling thereby the Cross-Interests of the Professions upon competence of Jurisdictions But though I must needs have that Opinion my self which I can see nothing against seeing much for it yet I will trouble no man with an Opinion which neither my Profession obliges me nor my skill inables me to make out It shall be enough for me to observe that they shall deserve to be counted Professors of the Roman Laws that are trusted to minister the Canon Laws by those Bounds which the Roman Laws allow As for the Concurrence of that Jurisdiction which is proper to the Clergy by Gods Law and that which is resumed by the Crown to be ministred by the Professors of the Roman Laws I do acknowledge it cannot be ended but by Appeals The issue whereof whither it ought to resort when it is time to say it will be then time to say also how these Interests are reconcileable In the mean time Episcopacy being owned by the Law of the Kingdom and the Law of God both to be that which the whole Church from the beginning acknowledgeth I think I do my Country and the Church of God in it no disservice to propose a plaister large enough for the Sore of it that shall come within the bounds which I have proposed For the Chapters of Cathedral Churches are by their Birth-right Counsellors to the Bishops and Assistants in his whole Office The Archdeacon his Minister and principal Commissary Those by the Rule first set on foot by the Apostles and observed always by the Church of planting Cathedral Churches in Cities and making the Churches planted in Cities Cathedral Churches for the Government of all Christendom within the Territories of those Cities This being by his Order Ministerial to them as well as to the Bishop when both have part in the same Office And here I place the hinge upon which I hang the Reconcilement of the presumed Interest of the Presbyterians with the true Interest of the Clergy Supposing the Conference proposed to have taken effect and produced a Request of both Parties to the Legislative Power of the Kingdom to make a Law of those particulars upon which they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 come to agreement to be received and to exercise their Ministry For the Office of the Clergy being separated from the Interest of the Crown by an Act of the Kingdom And the Professors of the Roman Laws trusted to manage this Interest in behalf of the Subject Only assisting the Clergy in that part of the Jurisdiction proper to the Church which will concern the Interest of Subjects as Members of the Church as well as the Office of the Clergy What shall hinder them the Presbyterians as well as the rest of the Clergy to exercise the Zeal which they have always professed towards the Reforming of the conversation of the People in assisting that Discipline as well over the Inserior Clergie as the People which the Chapters of Cathedral Churches and the Archdeacons shall by the Bishop and under the Bishop be trusted with For what need all this hinder the Prerogative of the Bishops Negative Vote when as there will be more to do under him then hands will be found for reserving to him those causes which he would chuse to reserve For that will be found no more then requisite to preserve his Prerogative that nothing be done without him when nothing is done without him but that which he shall chuse to be eased in He that knows what the Hierarchy signifies must needs understand that the same means which preserved the Whole Church in Vnity so far and wide for place so long for time as Unity prevailed in the Church and Christianity with it and by it knows that the same must be used to preserve Unity in the Church of this Kingom The Question being how to Reform it so that it may continue a Member of the Whole CHAP. XXIV Some Principal Canons to be restored in our present State FOr let no man think that any Law can be effectual to this purpose till the Case be stated which the Law is provided for We are in the State of Schism in spite of our teeth Though we are to clear our selves of the crime of Schism upon the Terms setled which cannot clear us if it be possible that any other should clear us King Henry the VIII had reason to declare that he and his Kingdom should have nothing to do with the Pope that Excommunicated him for his Divorce So many Popes having discharged the Subjects of Princes Excommunicate of their Allegiance But to make good the Protestation that he intended no further change in Religion I need not say what he did to give succeeding Popes occasion to recal the folly of that Pope which Excommunicated him by a timely Reconcilement In the mean time the way to preserve the Kingdom in Peace was to have nothing to do with the See of Rome But had he been so well advised as to have maintained his Divorce upon the terms which I plead for What could the Pope have said to that Code of Canons which Pope Adrian the I. sent to Charles the Great which I would have this Church to owne For it concludes with a Synod of the Province of Rome under Pope Gregory the II. which pronounces Anathema to whosoever shall marry his deceased Brothers Wife Let Julius II. Pope that dispensed with Henry the VIII and his Marriage with the Lady Katherine of Spain have bethought himself how to
come clear of this Anathema the Authority of the See of Rome being intire For K. Henry the VIII or at least for his Kingdom it was and is enough that so long as he owned the Authority of that See he must needs be troubled in conscience at that Marriage by which he must needs incur it preferring the former Act of a Council under Gregory the II. Pope before a Bull of Julius the II. Pope dispensing in an Anathema of the said Council For as the Primitive Canons are to be preferred in Church-Law before the loosness of succeeding Ages being still further from the Apostles So the Act of the Council under the Regular Power of the Pope is to be preferred before a Bull which now passeth without the Consistory as the Popes personal Act after the unlimited absolute Power of the Pope hath taken place As for King Edward the VI. professing the Reformation and protesting it as he did so that the See of Rome could have no pretense of correspendence without owning it themselves there succeeds the necessity of a State of Schism upon the Excommunication following The Crime of Schism remaining on that side that Excommunicates for vindicating and restoring the Faith and the Laws of the Whole Church This being the state of our Case and the Laws of the Whole Church and the Faith thereof necessary to the Title that must justifie Reformation without the Consent of the Whole Is it not manifest to all Understandings that the Law by which this State is to be Governed must be such a Provision as the Laws of the Whole Church inable a part of it to make for it self in the Case And therefore we must affirm as many of us as would have no share in the Schism as to God being thus secured that to the Church we are not chargeable with it That there is nothing to hinder such a Provision but the misunderstanding of them And that we see not what the Consequence of our own Profession requires A reason that presses me so hard that I do willingly expose my self to the displeasure of all that shall find themselves disgusted with this freedom Only to give my self the satisfaction of publishing it whatsoever displeasure it procure me As being satisfied that there is no other cure for our present distempers For in the first place it must be said that it is in vain to talk of Regular Government by the Canons of the Church without restoring the liberty of Synods to the respective Provinces Not as if the Church needed any abatement in the Act of Henry the VIII which forbiddeth making and perhaps advising of Canons to be made without the Assent of the Crown But because the World knows it was the Usurped Legatine Power that had brought Synods to nothing by Usurping upon the Ordinary And therefore it is but Justice in the Crown finding the Right of Synods the Subjects thereof Usurped by the See of Rome to restore it to the Subjects upon whom the Usurpation had been made The Supremacy of the Crown being sufficiently provided for by the said Act And the force of all Acts of Synods depending upon the Legislative Power of the Kingdom In the next place it is to no purpose to talk of Reformation in the Church unto Regular Government without restoring the Liberty of chusing Bishops and the Priviledge of injoying them to the Synods Clergy and People of each Diocese I say not depriving the Crown of the due Interest of a Negative to any Person to be promoted a Bishop in any instance of his Promotion God forbid it should come into my thought But the Supremacy being so provided for so evident is the Right of the Synods Clergy and People in the making of those of whom they consist and by whom they are to be governed that I need mark no other Reason for the neglect of Episcopacy but the neglect of it For the neglect of Cathedral Churches but the neglect alienation of their Office under and with their Bishops This for certain had not the See of Rome introduced so much disorder in the creating of Bishops that we have not yet cured it we should have heard of it with both ears from their Advocates And if I may credit a person of unquestionable credit his late Majesty was so convinced hereof when he was at Oxford that he offered to part with it if a way were shewed how to do it As for the translating of Bishops which done as it is of course must needs render the Office unfruitful to their People As no man can deny that there ought to be a course for dispensing in the Canon for publick good So cannot this pretense of publick good come to effect unless it be maintained by the Office of Synods to whom the State of the Church vindicates the Right of it That which I said afore of Appeals belongs to this place For what Law can provide that in Causes reserved to the Bishop parties shall rest content always with his sentence Or whether can Ecclesiastical Causes resort from him but to the Synod of the Province Again what Christian Kingdom could ever prevent a mixture of Causes That is a concurrence of Interest between the Soveraign Power and the Office of the Church Or what danger can be imaginable to this Crown in doing Right to the Church Having only its own Subjects to deal with Or what can be more ready to receive Appeals of this Nature then a Commission of Judges delegate as well by the Synods as by the Crown for the expedition of such Causes in which the pretense of the Subject as well as the Interest of Religion may be concerned As for matter of Faith Having admitted all that hath been decreed within the time of the six truly General Councils I dare say that there is nothing that the See of Rome can charge upon the Socinians or Anabaptists or any Sect of our Fanaticks that is not condemned in the Arians Pelagians or other Sects which the Whole Church hath condemned during that time So that there can be no cause why Christianity should not be maintained by the Reformation during this State of Schism but neglecting the true consequence of that which we our selves profess CHAP. XXV Two Laws more necessary to the Reformation of the Church THese are the principal points in the Canons of the Whole Church which the Profession of Reforming the Church obliges us to restore There are two points more the one concerning the People the other the Inferior Clergy which till they be restored our Reformation cannot be that which it pretendeth That all who shall be convicted in Law of capital or infamous Crimes stand Excommunicate ipso facto and if Execution pass be deprived of Christian Burial unless they reconcile themselves to the Church Unless the Law make this good how should the Kingdom be counted a Christian Kingdom For if scandalous Crimes that are notorious be allowed Communion with the Church how can it