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A44091 A letter from Mr. Humphry Hody to a friend concerning a collection of ca[n]ons said to be deceitfully omitted in his edition of the Oxford treatise against schism : in which is likewise contained offer of certain propositions to be prov'd by the advocates for the new separation ... Hody, Humphrey, 1659-1707. 1692 (1692) Wing H2342; ESTC R35437 30,096 47

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soli since the old Ones are Legally Depriv'd I must here observe that among all the Fathers there is no one speaks more for the Concurrence and Consent of the Laity in Matters relating to the ordering and governing of the Church than our Author St. Cyprian He declares in many places that he would not do any thing in this or that Matter relating to the Church till he had consulted both his Clergy and Laity as particularly in the Case of the Lapsi And he thinks it not onely convenient but necessary for a Bishop to do so For He together with his Synod call Therapius a Bishop to account and severely reprimand him for presuming to admit into the Church a Presbyter that had laps'd without the Consent of the Laity From this Example it is further observable that tho St. Cyprian speaks so much for the Equality of Bishops and that they are not responsable to one another for what they do as Bishops as in the Case of the Lapsi yet neither his own nor the general practice of his Age did truly agree with what he says By what Authority did St. Cyprian and his Synod pretend to call Therapius to account a Bishop as well as themselves How could they pretend to have Power to turn that Presbyter again out of the Church as they plainly intimate they had They deriv'd you will say this Authority from the Consent of the Church So Patriarchs Metropolitans Arch-Bishops are set over Bishops by the Consent of the Church tho' by Christ's Institution all Bishops are equal Query Whether the Consent of the Church of England were there nothing else to be alleg'd be not enough to justify a Lay-Deprivation If a Patriarch or Metropolitan can Deprive a Bishop by the Authority of the Church why may not a Lay-Iudge do the like I shall close this Discourse concerning the Authority of that Father with that Question or Expostulation which I find in St. Augustine his 48 Ep. to Vin●entius the Rogatist a Sect of the Schismatical Donatists who had laid a great deal of Stress on the Authority of that Father for the Doctrin of Re-Baptism If you are delighted says he and so say I to our Adversaries with the Authority of the holy Bishop and glorious Martyr Cyprianus which we do not hold to be equal to the Authority of Scripture why do you not imitate him in this that he held Communion with the Catholick Church spread over all the world and defended the Vnity of it by his Writings In the same Epistle having quoted that place of St. Cyprian where he praises those African Bishops that refus'd to re-admit Adulterers into the Church yet did not break the Peace of the Church and separate from those that were of a different Opinion he adds what likewise we may well say to our Quoters of St. Cyprian What say you to this Brother Vincentius You see that this Man this peaceful Bishop and most valiant Martyr was not more concern'd for any thing than least the bond of Vnity should be broken As the Authority of the Civil Power of which we have hitherto spoken is agreeable to Principles and Reason so likewise is it to the Practice and Sentiments of the antient Church To make this appear and to put an End if it be possible to this Controversy I shall present you when occasion is given with A History of that Authority viz. of the Civil Power over Ecclesiastical Persons as well in Depriving as in otherwise punishing throughout all ages more especially that of the first Christian Emperour I shall treat concerning that Matter with all the Fairness and Impartiality that becomes a faithful Historian and a real Lover of Truth concealing nothing that may seem to make for the Cause of our Adversaries Yet this I shall demonstrat that tho in the time of Constantius some persecuted Bishops were pleas'd to deny that the Emperour had any Autority at all over Bishops yet the Emperour Constantine himself so great a Lover and Honorer of Bishops as he was and likewise the succeeding Orthodox Emperours did oftentimes Judge and Deprive Bishops by their own bare Authority That the Church in the time of that Emperour as well as in after Ages submitted to and acknowleg'd that Authority That those Ecclesiastical Canons which ordain that Bishops even for Political Crimes are to be depriv'd onely by Bishops did never oblige any Secular Government but as they were allow'd off and so made Laws by that Government I could willingly give you a Forecast of a few illustrious Examples of Bishops depriv'd by the Emperour 's sole Authority and the Church's owning and acknowledging that Authority but I find I have already exceeded what first I design'd on this Subject and have done like a great many others who designing onely a Lodge have been in danger of building 'em a Seat I shall now proceed to the second general Proposition which our Adversaries are desir'd to make out which is this 2. That it is agreeable to the Practice of the Ancient Christians for a Bishop unjustly depos'd whether by the Emperour or by Bishops to withdraw himself from the Communion of his Successor tho' his Successor were not a Heretick Let this be their Proposition If they prove not that they prove nothing And the contrary is plainly demonstrated in our Treatise There are Two things you tell me besides the Canons above spoken off which our Adversaries are wont to allege in Answer to that Treatise They First endeavour to weaken the Authority of it and Secondly they pretend that the Examples which it produces are all of Bishops Synodically depriv'd and therefore not to our Purpose In answer to this second Exception I shall undertake to demonstrat these Two things 1. That the Ancients had no greater regard to an unjust Synodical Deprivation than they had to an unjust Imperial Deprivation 2. That several of those Bishops that are mention'd in our Treatise were not Depriv'd Synodically or by Bishops but by the Emperour 's sole Power and Authority Neither did they resign their Bishopricks but were violently turn'd out As for the Objections of our Adversaries against the Authority of our Treatise tho' I know not of any Treatise of that age and nature that deserves to be more esteem'd yet to wave all impertinent Disputes and to shew that what we assert is not grounded on that onely Bottom we will fairly make 'em this Offer We will lay aside if they please the Authority of that Treatise and enter the Lists with new Weapons This is the Pr●position we shall take upon us to demonstrat That its contrary to the general Practice of the ancient Bishops to recede upon their being unjustly Depriv'd whether by the Emperour onely or by a Synod from the Communion of an Orthodox Successor I say the general Practice That 's enough for us to demonstrat For what if our Adversaries can produce us one or two Exceptions How will that excuse Bishops who have