Animadversions on the eight theses laid down, and the inferences deduced from them in a discourse entitl'd Church-Government part V, lately printed at Oxford Smalridge, George, 1663-1719. 1687 Approx. 148 KB of XML-encoded text transcribed from 37 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A60381 Wing S4001 ESTC R19272 11760020 ocm 11760020 48656 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A60381) Transcribed from: (Early English Books Online ; image set 48656) Images scanned from microfilm: (Early English books, 1641-177 ; 548:6 or 649:22) Animadversions on the eight theses laid down, and the inferences deduced from them in a discourse entitl'd Church-Government part V, lately printed at Oxford Smalridge, George, 1663-1719. [4], 68 p. Printed at the Theater, Oxford : 1687. Attributed to George Smalridge. Cf. DNB. This item is also bound with "Church-government" (Wing W3440) and "Reflections on the historical part of Church-government, part V" (Wing S4003 -- entry cancelled in Wing 2nd ed.) at reel 649:22. Reproduction of original in the University of Illinois (Urbana-Champaign Campus). Library. Entry for S4001 cancelled in Wing (2nd ed.). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng R. H., 1609-1678. -- Church government. -- Part V. -- Relation of the English reformation. Church polity. 2000-00 TCP Assigned for keying and markup 2002-01 Aptara Keyed and coded from ProQuest page images 2002-03 TCP Staff (Michigan) Sampled and proofread 2002-03 John Latta Text and markup reviewed and edited 2002-04 pfs Batch review (QC) and XML conversion ANIMADVERSIONS ON THE EIGHT THESES Laid down , and the INFERENCES , Deduced from them , in a DISCOURSE ENTITL'D Church-Government . PART . V. Lately Printed at OXFORD . They went out from Us , because they were not of Us : for if they had been of Us , they would 〈◊〉 no doubt have continu'd with Us ; but they went out that they may be made manifest , that they were not all of Us. 1 Joh. 2. 19. OXFORD , Printed at the THEATER . Anno 1687. Imprimatur . IO. VENN Vice-Can . Oxon. Iun. 2. 1687. To the UNIVERSITY READER . THESE Papers neither have , nor need any other recommendation , then that of the Cause which they maintain . They are extorted by the importunity of those Adversaries , who have endeavour'd to wound us in all our nearest concerns , The Honour of our University , the Autority of our Church , and the Rights of our Sovereign . The Laborious Author of the Discourses spar'd no pains to shake the foundations of our Religion ; and the designing Publisher has with no inconsiderable expence , endeavoured a farther advantage from them , by casting a reproach npon these Seminaries of our Education . But it is justly hop'd , that their designs against the University will prove as successless as their attempts on the Church ; Of which we know , that tho' the Rains descend , the Flouds come , and the Winds blow , yet it cannot fall , for it is founded upon a Rock . The hopes of our Enemies abroad have been entertain'd , and the solicitude of our Friends awaken'd by the news of our Oxford Converts daily flocking into the bosom of the Roman Church . But we hope All men are by this time convinc'd that they deserve as little consideration for their Number , as they do regard for their accomplishments . No one need to be alarm'd at the Desertion of Six or Seven Members , who shall consider their dependence on One who by the Magazines , which He had stor'd up against Us , shews that He has not now first chang'd his Complexion , but only let fall the Vizour . Nor ought we more to regard the Insinuations of those , who tell us of the secret Promises of such as have not openly Profest , as having no other ground but the confidence of the Reporters . But be it as it will , God covers us with his Feathers , and under his Wings will We trust ; We will neither be afraid of the arrow that flieth by day , nor for the Pestilence that walketh in darkness : But we least of all fear any danger from this praesent attempt of our Author , since the Regal power seems engag'd with our Church in one common defence ; For she is no farther concern'd in this present Controversie , then as she is accus'd to have been too great a friend to the Praerogative of the Crown . And certainly that Doctrine which invades the just Rights of the Prince , can hope but for few Proselytes amongst those , who have constantly defended them in their Writings , asserted them in their Decrees , and upon all occasions vindicated them with their Swords . For We do not lie open to the imputation of a condition'd and distinguishing Loyalty , who have shew'd our readiness to imitate the glorious examples of our Fathers , and were prepar'd ( had not God's good Providence prevented our service ) to have transcrib'd that Copy lately at Sedgmore , which they set us formerly at Edge-hill . And in truth our steady fidelity to the Prince is so unquestionable , that our Enemies have been pleas'd to ridicule what they could uot deny , and have made Passive Obedience bear a part in our Character , when the Muse has been inclin'd to Satyr . As for our Author and his Theses there is nothing here advanc'd which was not in King Edwards time fully answer'd by Protestant Writers ; and had he written in Henry the 8th's Reign , he might have receiv'd a Reply from a Roman Catholic Convocation ; So vain is it to urge Us now with the stale pretences of a Forreign Iurisdiction , which our Ancestors of the Roman Communion ejected with so Universal a consent , and which our Fathers of the Reformation resisted even unto death ; I mean those Glorious Prelates , who here dying seal●d the truth of our Religion with their Blood , and left it as a Legacy to us their Children , by us to be convey'd to the Generations yet to come . Animadversions on the Eight Theses &c. AS that Person , who would prove himself a genuine Son of the Church of England , had need of more Sincerity then this Editor shew'd , whilst He profest to be of Her Communion ; so one , who has the ambition of appearing a potent Enemy against her , had need of greater Strength then he has either produc'd of his own , or borrow'd from others , since he has been her declar'd Adversary . Had he continued still to dissemble his Faith , and affected an aequilibrium betwixt both Churches , His writings would have been more suitable to such a Character ; where the attentive Reader will find the Church of England but weakly attacq'd , and that of Rome as faintly vindicated . But since some Motives have prevail'd with him to assume the Name of another Church , as that which he has left has no great cause to lament the loss of such a Member , so that which He would seem to have fled to will have little reason to boast that She has gain'd a Proselyte . For how plausibly soever He may discourse of Church-Autority , He abounds in too great a Plerophory of his own sense , to submit himself either to a Convocation at home , or Council abroad ; and altho' he would appear an Enemy to Luther , he seems at this very time to be drawing up a novell Scheme of Doctrines , and modelling to himself a new Church . Hence it is that in one of his Treatises he has deserted the antient Plea of Transubstantiation , upon which the Tridentine Fathers founded their Adoration of the Host ; and from which all the great Champions of that Church have constantly deduc'd it . Hence his modifying the Council's Sacramentum into Res Sacramenti , his prescinding from the Symbols , his certain inferior cult only due to them , his stripping them even of the Schoolmens latricall , qualified , secondary , improper , accidental co-adoration ; and such other his abstractive Notions of that Worship , as do indeed befit a Nominal Philosopher , but have no agreement with the avowed doctrines and practises of the Roman Communion . Hence it is that in the Discourse we are now upon , We read nothing of the Dominus Deus Papa of the Canonists ; Nothing of the Vicar of Christ ; the Holy , Apostolick , and Infallible See which their former Writers have endeavour'd to establish Iure divino ; Nothing of the Supreme Pastour , Governour and Head of Christ's Church , the Successor of S. Peter , and other Titles which even our Representers of late ( whose business it hath been to mollifi● ) have furnish'd us with ; No not so much as of the modest Bishop of Meaux's Primacy of S. Peter's chair and common Center of Catholic Unity ; but instead of these we are told of a Western Patriarch , one who pleads the Prescription of some Years for his Autority , and thinks himself hardly dealt with , that because He claims more then his due , that which is his due should be denyed him . Hence it seems to be that He is so wary in giving us his own Opinions ; that He disputes so much , and affirms so little ; that he bounds all his Positions with so many limitations that they seem contriv'd on purpose for subterfuges ; and that He very cautiously ventures not any farther then He thinks , tho' falsly , the Autority of our Writers will bear him out . Hence those Concessions ( which will perhaps by that Party be judg'd over-liberall ) That Images , and so the veneration or worship of them were very seldom , if at all , us'd in the Primitive Church . That the publick Communion was then most commonly , if not allways , administred in both kinds unto the People . That the Divine Service which then , as now , was celebrated usually in the Latin or Greek Tongue , was much better in those days then now understood of the Common people . That the having the Liturgy , or Divine Service , or the Holy Scriptures in a known tongue is not prohibited , nor the using of Images enjoyn'd ; nor the Priest's administring , and the people's receiving the Communion in both kinds , if the Supreme Church-Governours so think fit ( and we say they ill discharge the Office of Church-Governours , who do not think fit our Saviours Institution should be observ'd ) declar'd unlawful by any Canon of any Council . Ancient Council he means , for latter Councils have declar'd these unlawful . These are large grants from a Romanist , and which give a great shock to their so much magnified pretence of Universal Tradition . Had this Author liv'd in those Ages when the Secular Prince countenanc'd the beginnings of Reformation , He would have scarce lost any thing for his too rigorous adhaesion to the C. of Rome . For he thinks it probable that had the Reformation only translated the former Church Liturgies and Scriptures into a known tongue ; administred Communion in both kinds , thought fit not to use Images ; changed something of practise only without any decession from the Churches Doctrines , the Church-Governours would have been facile to license these . Where by the way it seems something unintelligible how they should change practice without decession from Doctrines , if Doctrines enjoyn'd such Practices , and if according to him , Errours in practice allways presuppose some Errour in matter of Faith. But at least we may expect He would have outwardly complied , since he notes , That some outward compliance at the first , of those Bishops , who made an open Opposition afterward , might be upon a fair Pretence , because the first Acts of the Reformation might not be so insupportable as the latter . Where it is worth our Observing , that the very first Act , which gave life to the Reformation , was shaking off all manner of Obedience to the See of Rome , then which I believe his Holiness , contrary to this Author's Sentiments , thinks no Act more unsupportable . These things consider'd , We could not have had a more easie Adversary then this Gentleman , and the Church has less reason to fear his open Opposition , then had he still continued in her bosom . For it seems not to be his Province to publish what is Material against us , but to publish Much. But , God be thanked , our Religion is not establish'd upon so weak a basis , as to be overthrown by a few Theses unprov'd , and falsly applied . Nor is it any wonder if that arguer doth not convince , who uses for Principles Conclusions drawn from Praemisses , which the world never saw , and then assumes such things as every one acquainted with History is able to contradict . Certainly his University-Readers will not be very fond of the Conclusion of that Syllogism , whose Major is a petitio principii , & Minor a down-right fals-hood in matter of fact . They no doubt are surpriz'd to find Consequents come before their Antecedents , and Church-Government part the 5th to have stept into the World ( somewhat immaturely methinks ) before the other four . But the Lawfulness of the English Reformation was to be examin'd , and it would have took up too much time to shew why he impos'd upon us such a Test. It might therefore be thought seasonable enough to examin the Truth of his Theses , when he shall be pleas'd to communicate to us whence they are inferr'd . In the meanwhile , it may not be unuseful to consider what disservice he had done to our Cause , had his success aequal'd the boldness of his attempt . After all his Theses and their Applications , his Correspondent Alpha's and Beta's , his perplex'd Paragraphs , his intricate Paratheses , and his taedious Citations , what Doctrine of the Church of Rome has he establish'd , or what principle of Ours has he disprov'd ? Should we grant that the Clergy only have power in Controversies of Religion , that the Secular Prince has no Autority to reform Errours in the Church , that our Princes did wrongfully usurp such an Autority , and that our Reformation was not the act of the Clergy ; will it hence follow ( which yet is to be prov'd by this Author , e're he can perswade us to entertain any favourable Opinion of Popery ) That the second Commandment ought to be expung'd out of the Decalogue ? that Idolatry is no Sin ? or worshipping of Images no Idolatry ? that Transubstantiation is to be believ'd in despight of Sense , Reason , Scripture , and Antiquity ? the Service of God to be administred in an unknown tongue , as it were in mere contradiction to Saint Paul ? and the Communion to be celebrated in one kind notwithstanding our Saviours , Drink ye all of this . It is indeed our happiness , that the Reformation was carried on by the joynt concurrence of the Civil and Ecclesiastical power ; that We are united together by common Rules for Government and Worship agree'd on by the Bishops and Presbyters in Convocation , and made Laws to us by the Autority of the Sovereign : We are allways ready to prove that the Church of England being a National Church , and not Subject to any forreign Jurisdiction , ow'd no Obedience to the Bishop or Church of Rome , & therefore might without their leave reform her self , and that accordingly our Religion is establish'd by such Laws as want no autority either Civil or Ecclesiastical , which they ought to have . This is a Plea which we shall be allways prepar'd to justifie ; and a Blessing for which we thank God , and for the continuance of which we shall never cease to pray . But now had those which we esteem corruptions of the Roman Church never been cast out , or were they reestablish'd ( which God in his mercy forbid ) by as good autority as that by which they are now abolish'd ; Yet even then we could not submit to such Determinations , and being concluded by an antecedent Obligation to God durst not obey even lawful autority commanding unlawful things . He therefore that would gain a Proselyte , who acts upon prudent and Conscientious principles , in vain entertains him with Schemes of Church-Government , since the things contested are such as no Government in the world can make lawful ; It would be more rational to shew ( were not that an attempt long since despair'd of ) that the particular doctrines and practises to which we are invited , are agreeable to the word of God ; or that it doth not concern us , whether they be , or not . For if either it may be prov'd , that the Errours of the Church of Rome were so great , that there was a necessity of reforming them , that every National Church has a right to reform her self , that this right of the Church of England in particular was unquestionable , that she us'd no other then this her lawful right , and that accordingly the Reformation was effected by the Major part of the then legal Church-Governours : Or if in failure or this ( which yet we say is far from being our case ) it may be prov'd , that where evident Necessity requires , and the prevailing Errours are manifest , there the Civil power may lawfully reform Religion without the concurrence of the major part of the Clergy , for Secular Interests averse from Reformation ; Or if lastly , supposing no such Reformation made by lawful authority , but the Laws which enjoyn such erroneous Doctrines , remaining in their full force and vigour , every private Christian can plead an Exemption from his Obedience to them , by proving them evidently contradictory to the known laws of God ; if any one of these Pleas are valid , all which have by our Writers been prov'd to be so beyond the possibility of a fair Reply , then Nothing which is aim'd at in these Papers can affect us , and tho' the author would have shew'd more skill in proving his Question , yet he had still betray'd his want of prudence in the choice of it . By what hath been sayd , the Reader will be induc'd to think that these Papers do not so much concern the Church of England , as the State ; and that a Reply to them is not so properly the task of a Divine , as of a Lawyer . The Civil power is indeed manifestly struck at , and an Answer might easily be fetcht from Keble and Coke . He may perswade himself that he acts craftily , but certainly he acts very inconsistently , who erects a Triumphal Statue to his Prince , and at the same time undermines his Autority ; in monumental Inscriptions gives him the glorious and astonishing Title of Optimus Maximus , and yet sets up a superiour Power to his . If neither Loyalty nor gratitude could perswade him to speak more rever●ntly , yet out of wariness he ought to have been more cautious in laying down such things , as seem to have an ill aspect on his Majesties proceedings . For it may seem very rash to deny , that the Prince can remove from the Exercise of his Office any of his Clergy for not obeying his Decisions in matters of a Spiritual Nature , when a Reverend Prelate suffers under such a Sentence ; to assert that the Prince , ought not to collate to Benefices , where the Clergy have Canonical exceptions against the Person nominated , whilst a Friend of his thus qualified enjoys the benefit of such a Collation ; to find fault with the Reformers that they gave their Prince leave to dispense with Laws and Constitutions Ecclesiastical , when he himself is in that case most graciously dispens'd with . How far the Regal power extends it self in these cases , especially as it may be limited by the municipal laws of the Realm , I am not so bold as to determine ; but where such Rights are claim'd by the Sovereign , and actually exercis'd , there it becomes not the modesty of a private Subject to be so open and liberal in condemning them . But then above all he renders his Loyalty justly questionable , when he tells us it is disputed by the Roman Doctors , and leaves it a Question , Whether in case that a Prince use his coactive Jurisdiction in Spiritual matters against the Definitions of the Church , then the Pope hath not also virtually some Temporal coactive power against the Prince ? namely to dissolve the Princes coactive Power , or to authorise others to use a coactive power , against such a Prince in order to the good of the Church ? Now I appeal to the judicious Reader , whether the substance of that infamous Libel , which was part of a late * Traytour's Indictment , and which was written by way of Polemical Discourse , as he pleaded , might not if manag'd by this Author's pen have been thus warily exprest ; Whether in case that a Prince use his coactive Jurisdiction in Civil matters against Acts of Parliament , then the Parliament hath not also virtually some temporal coactive power against the Prince ; namely , to dissolve the Princes coactive power , or to authorize others to use a coactive power against such a Prince in order to the good of the State ? Such bold Problems as these ought not to be left undecided ; and one who had any zeal for his Prince , would scarce let the Affirmative side of the Quaestion pass without affixing a brand on it . These Expressions among others He might well be conscious would be offensive to any SIR of known Fidelity and Loyalty to his Prince ; and therefore such person 's good Opinion was to be courted in an Epistle Apologetick● But certainly it was expected that the kind Sir should read no farther then the Epistle ; for if he did , he would find himself miserably impos'd upon . The Author in this Epistle praeacquaints him with these things . 1. That there is nothing touch'd in this Discourse concerning the Temporal Prince his Supreme power in such matters , as it is dubious whether they be Spiritual or Temporal , but only in things which are purely Spiritual and Ecclesiastical . 2. That he knows not of any Ecclesiastical powers in this Discourse denied to the Prince , but which , or at least the chiefest of which , all other Christian Princes except those of the Reformed states do forego to Exercise . 3. Nor of any , but which the Kings of England have also foregone before Henry the Eighth . Now I shall humbly beg leave to undeceive the unknown Sir , and to represent to him that in all these he is misinform'd . As to the first , 1. That there is nothing touch'd in this Discourse concerning the Temporal Prince his Supreme power in such Matters as it is dubious whether they be Spiritual or Temporal but only such as are purely Spiritual and Ecclesiastical . Now if by dubious he means such things as He does not doubt , but they are Spiritual , then this doth not reach our case ; because We may doubt whether some things are not Temporal , which He doubts not but they are Spiritual ; But if by dubious He means such things as are doubted by no body but that they are purely Spiritual , then are we agreed ; since neither do We allow the Temporal Prince any power in things of which We our selves doubt not but they are purely Spiritual . That there are some Powers merely Spiritual , appropriated to the Clergy and incommunicable to the Prince , no true Son of the Church of England will deny ; but now altho' the substance of those Powers be immediately from God , and not from the King , as those of Preaching , Ordaining , Absolving &c. Yet whether these are not subject to be limited , inhibited , or otherwise regulated in the outward Exercise of them by the Laws of the Land , and the Autority Regal is the thing quaestion'd . This cannot perhaps be better exprest then in the words of the Reverend Bp. Sanderson ; The King doth not challenge to himself as belonging to him by Virtue of his Supremacy Ecclesiastical the power of Ordaining Ministers , excommunicating scandalous Offenders , or doing any other act of Episcopal Office in his own Person ; nor the power of Preaching , Administring the Sacraments , or doing any other act of Ministerial Office in his own person : but leaves the performance of all such acts of either sort unto such persons , as the said several respective powers do of divine right belong to , viz. of the one sort to the Bishops , and of the other to the Priests . * Yet doth the King by Virtue of that Supremacy challenge a power as belonging to him in the right of his Crown , to make Laws as well concerning Preaching , Administring the Sacraments , and other acts belonging to the Function of a Priest , as concerning Ordination of Ministers , proceeding in matters of Ecclesiastical Cognisance in the Spiritual Courts , and other acts belonging to the Function of a Bishop : to which Laws as well the Priests , as the Bishops are subject , and ought to submit to be limited and regulated thereby in the Exercise of those their several respective Powers ; their claim to a Ius Divinum , and that their said several powers are of God notwithstanding . Now to apply this ; That the deciding Controversies of Faith , and Excommunicating Offenders , &c. are the proper Province of the Clergy , we deny not ; but that the indicting Synods in order to such Matters , or making Laws to regulate the Exercise of them are purely Spiritual , is not so undoubted as He would perswade us . Again , that the Spiritual Autority which is to be exercised in the Episcopal or Sacerdotal Functions can be derived from none but those spiritual persons who were invested with that Autority , and power of delegating it to others , is willingly allow'd ; but that collation to Benefices can be the act of none but the Clergy will not be hence infer'd . For the Spiritual Autority it self , and the application of it to such an Object are very different things . The power by which a Clergy man is capacitated for his Function is derived from the Bishop which ordains him ; but the applying this Power to such a Place , the ordering that the Ecclesiastical Person shall execute that Autority which he deriv'd from the Church in such a peculiar part of the Kingdom is not without the reach of the Civil Jurisdiction ; and therefore Collation to Benefices ( in the sence this Author understands it ) should not have been reckon'd by him amongst those things of which it is not doubted but they are purely Spirituall . Another power of which he abridges the Prince , and by consequence would have to be esteem'd purely Spiritual , is the deposing from the Exercise of their Office in his Dominions any of the Clergy for transgressing of the Ecclesiastical Canons . Now that the Secular Prince should have an Obligation from God over all Persons in all Spiritual matters to bind them by Temporal Punishments to the Obedience of the Churches or Clergy's determinations , and decrees ( as he words it ) and yet that the Exercising this power , their performing what they are obliged to by God , should be without the reach of their Autority , seems to me a paradox . That the Christian Emperors in the Primitive times challeng'd such a power is plain from the undoubted testimony of the Learned Petrus de Marca . * Who tells us , that by the care of Christian Princes , Hereticks were represt , the contumacy of Bishops and Clergy-men against the Decrees of Synods punish'd , and Bishops restrain'd from oppressing their subjects by the violation of the Canons . If we inquire how the Princes secur'd the Keeping of the Canons ; * He tells us they did it by these 2 Methods . 1st . By delegating Magistrates to see they were observ'd . 2ly . By punishing those who were guilty of the breach of them . And he particularly mentions Deprivation inflicted by the Secular power for violation of the Canons . * For that , they thought removal from the See within the reach of their Jurisdiction , tho' not Degradation , which is a punishment merely Ecclesiastical . ( Which neither did the Reforming Princes ever think in their power to inflict . ) And he * there gives instances of Bishops so depriv'd . And indeed this seems to be a Necessary branch of power , which naturally flows from his being Custos Canonum , which he is prov'd by this Author at large to be . How far the Prince may abridge himself of this power by the laws of the Land , I meddle not ; it suffices to shew that it is not originally a power merely Spirituall . And from this and the former Instances the Reader will be able to judge the truth of that assertion , That there is nothing touch'd in this Discourse concerning such Matters , as it is dubious whether they be Spiritual , or Temporal . Come we now to that other assertion of his , That he knows not of any Ecclesiastical powers in this Discourse denied to the Prince but which ( or at least the chiefest of which ) all other Christian Princes except those of the Reformed States do forego to exercise . Now if by the chiefest , which he excepts , he means preaching the word , and administring the Sacraments , Excommunicating , and absolving ; neither do the Reformed States challenge the Exercise of these ; and as for others it will appear that the Princes of the Roman-Catholick Communion extend their Supermacy as far as the Reformed . And here it may not be improper to instance in that right which the Kings of Spain enjoy in Sicily , which seems to extend even to those Spiritual powers which our Author calls the chiefest . * And this I find usher'd in by a Roman-Catholick Writer with an assertion quite opposite to that which is laid down in this Epistle . It even surpasses ( saith he ) that which Henry the Eighth of England boldly took when he separated from the Church of Rome . The King of Spain as King of Sicily pretends to be Legate à latere , and born Legate of the H. See ; so that he and his Viceroys in his absence have the same power over the Sicilians as to the Spiritual that a Legate à latere could have . And therefore they who execute that Jurisdiction of Sicily for the King of Spain have power to absolve , punish , and excommunicate all sorts of persons , whether Laicks or Ecclesiasticks , Monks , Priests , Abbots , Bishops , and even Cardinals themselves , that reside in the Kingdom . They acknowledge not the Popes Autority , being Sovereign Monarchs as to the Spiritual . They confess that the Pope hath heretofore given them that priviledge : ( So that his Holiness it seemes thought even those chiefest Powers of the Church alienable ) but at the same time they pretend that it is not in his power to recall it ; and so they acknowledge not the Pope for head , to whose Tribunal no Appeal can be made because their King has no Superiour , as to the Spiritual . Moreover this right of superiority is not consider'd as delegate , but proper ; and the King of Sicily or they who hold Jurisdiction in his place , and who are Lay-men take the title of Beatissimo & Santissimo Padre attributing to themselves in effect in respect of Sicily what the Pope takes to himself in regard of the whole Church ; and they preside in Provincial Councils . As for the title of Head of the Church which taken by the Reformers so much offends our Discourser , this Critical Historian farther observes ; It was matter of great astonishment that in our age Queen Elizabeth took the title of Head of the Church of England . But seeing in the Kingdom of Sicily , the Female succeeds as well as in England , a Princess may take the title of Head of the Church of Sicily , and of Beatissimo & Santissimo Padre . Nay it hath happen'd so already in the time of Iean of Arragon & Castile the mother of Charles the 5th : So that this Critick concludes that it may be said there are two Popes , and two sacred Colledges in the Church , to wit , the Pope of Rome , and the Pope of Sicily , to whom also may be added the Pope of England . What Jurisdiction Spiritual the King of France challenges will best be learnt from the Liberties of the Gallican Church , publish'd by the learned Pitthaeus and to be found in his Works . Two of them which seem to come home to our purpose are these . * The most Christian King hath had power at all times according to the occurrences and necessity's of his own affairs , to assemble or cause to be assembled Synods or Councils Provincial and National ; and therein to treat not only of such things as tend to the preservation of his State , but also of affairs which concern the Order and Discipline of the Church in his own Dominions ; and therein to make Rules , Chapters , Laws , Ordinances , and Pragmatick sanctions in his own Name and by his own Autority . Many of which have been received among the Decrees of the Catholique Church , and some of them approv'd by General Councils . * The Pope cannot send a Legat à latere into France , with power to reform , judge , collate , or dispence , or do such other things which use to be specified in the Bull of his Legation , except it be upon the defire or with the approbation of the most Christian King. Neither can the said Legate execute his Office untill he hath promised the King in writing under his seal , and sworn by his holy Orders , that he will not use the said Legantine power in his Kingdom , Countreys , Lands and Dominions any longer then it shall please the King ; and that so soon as he is admonish'd of the Kings pleasure to the contrary he will cease and forbear ; and that whilst he doth use it , it shall be no otherwise exercis'd then according to the consent of and in conformity to the King , without attemping any thing to the prejudice of the Decrees of General Councils , the Franchises , Liberties , and Priviledges of the Gallican Church , and the Universities , and publique Estates of the Realm . And to this end they shall present the Letters of their Legation to the Court of Parliament , where they shall be view'd , verified , publish'd and registred with such Modifications as that Court shall think fit for the good of the Realm ; and all processes shall proceed according to such restrictions , and no otherwise . In these two Liberties , we find the Autority of the French King farther extended , and the Papal power more limited , then our Author can be contented the Regal Jurisdiction should be enlarg'd , and the Patriarchal confined by the Reformed . What power the most Christian King claims in confirming Canons we may learn from Petrus de Marca * who lays it down for a Rule which never fails , That the deliberations of the Gallican Church can be look'd upon no otherwise then as Counsel given to the King ; and that they cannot be put in execution without his consent and confirmation . And he there saith , that the King may praeside in Councils as * Head. * And in another place proposing to himself this Quaestion , * Whether , since the supreme protection of the Canons doth belong to the King , it thence follows that He can command that they be observ'd without expecting the sentence of the Gallican Church ? He answers , * that it is indeed certain that the Observation of them will be the more sacred , if they be made with the Universal consent of the Clergy , because every one desires that that should take place , which he himself approves of : But then , that it is aequally certain , that the King with the advice of his Council , may by his Edicts decree , that the Canons be observ'd , and may add such Modes and Circumstances as are necessary for the better Execution of them , and accommodate them to the Interest of the State. This Autority he confirms from the Examples of the first Christian Emperors , and the former French Kings , and adds expresly * That the most Christian Kings still use that right . And now methinks the revising of the Canons by the Kings of England , especially when humbly besought to do it by the Clergy , should not be an Invasion of the Churches rights , when the French Kings even without such Interposition of the Church , exercise the same Right , and yet do , according to our Auther , leave to the management of the Clergy all power in Spirituals . I might here insist upon Collation of Benefices , which the French Kings challenge by right of the Regale ; but I shall choose rather to mention the assembling of Councils , because a French King in the last Century seems to have doubted whether his Clergy might convene without his consent ; as appears from that bold Speech of his Embassadour in the Council of Trent , which because it gives us some insight into the freeness of that Synod , I shall beg leave to transcribe the latter part of it from Goldastus * We refuse to be subject to the Command of Pius the 4th , All his judgments and decrees we refuse , reject , and contemn ; and although , most Holy Fathers , Your Religion , Life , and Learning was ever and ever shall be of great Autority with Us , Yet seeing You do nothing , but all things are manag'd rather at Rome , then at Trent ; and the things that are here publish'd are rather the Placita of Pius the 4th , then the Decrees of the Council of Trent , We denounce and protest here before You all , that whatsoever things are decree'd in this Assembly by the will and pleasure of Pius , neither the Most Christian King will ever approve , nor the French Church ever acknowledge for the Decrees of an Oecumenical Council . In the mean time the Most Christian King commands all you his Arch-Bishops , Bishops , Abbots , Doctors , and Divines to depart hence ; then to return , when it shall please God to restore to his Catholick Church the ancient methods and liberty of General Councils , and to the Most Christian King his Honour and Dignity . Now I leave it to the Reader to judge whether any Reformed States ever assumed to themselves greater Autority over the Ecclesiasticks , then this R. Catholick Prince , or Whether ever any Protestant exprest himself with greater warmth concerning this Council , then that Protesting Embassador . It might be easie to shew how much power the Venetian Republick exercises in Spirituals , had not this been done so lately by another Pen. But what hath been said may suffice to evince , that this Epistolographer impos'd upon the credulity of his Sir , when he told him , that he knew of no Ecclesiastical powers denied to the Prince but which ( or at least the chiefest of which ) all other Christian Princes , except those of the Reformed State , do forego to exercise . But our Discourser perhaps presum'd his Friend a Stranger to sorreign affairs , and therefore thought he might the more securely use a Latitude in his treating of those ; it remains therefore to examine whether he has been a more faithful Relator of our own History , and what truth there is in his last Epistolary assertion , that he knows not of any Ecclesiastical powers in this Discourse denied to the Prince , but what the Kings of England have foregone before Henry the 8th . Now whatever in relation to a power in Spirituals is in this Discourse accus'd of Nov●lty seems easily reducible to these two Heads : 1st . A Supremacy in Causes Ecclesiastical denied to the Western Patriarch : as appears by our Princes taking away all manner of Forreign Jurisdiction , prohibiting all appeals to the See of Rome , all Bulls from it , and in generall all Intercourse with it . 2ly . The same Supremacy invested in the Sovereign ; as appears by King Henry's assuming the title of Head of the Church ; by the Kings making Ecclesiastical Laws ; by that Synodical act of the Clergy not to assemble or promulgate any Canons without his leave ; by that power granted to the King to visit Ecclesiastical persons , and to reform Errours and Heresies ; by his collating to Benefices without consent of the Clergy ; and by hindring Excommunications in foro externo . Now in Answer to this charge of Novelty ; It is confest that the Pope did for some Years usurp such a superiority ; but then , as it is granted that he did de facto claim such a power , so that it did de jure belong to him is denied ; and not only so , but farther we affirm , that he neither from the beginning challenged such a power , nor was he afterwards in so full possession of it , but that our Princes have upon Occasion vindicated their own right against all Papal , or , if he pleaseth , Patriarchal Encroachments . And here waving the dispute of right I shall confine my self to matter of Fact , that being the only case here controverted . Where 1st of the Supremacy of the Western Patriarch . That when Austin came over to convert the Saxons , no such Supremacy was acknowledg'd by the British Christians is evident from the celebrated Answer of Dinoth Abbot of Bangor to Austin requiring such subjection . Notum sit Vobis &c. * Be it known unto you that we are all subject and obedient to the Church of God , and the Pope of Rome ; but so as we are also to every good & pious Christian , viz. to love every one in his degree and place , in perfect Charity , and to help every one by word and deed , to attain to be the Sons of God ; and for other Obedience I know none due to him whom you call the Pope , and as little do I know by what right he can challenge to be Father of Fathers . As for us we are under the rule of the Bishop of Caerleon upon Uske , who is to overlook and govern us under God. This is farther manifest from the * British Clergy twice refusing in full Synod after mature deliberation to own any such subjection . That appeals to Rome were a thing unheard of till Anselms time appears from the application of the Bishops and Barons to him to disswade him from such an attempt ; * telling him it was a thing unheard of in this Kingdom , that any of the Peers , and especially one in his station should praesume any such thing . That Legates from Rome were for 1100 Years unheard of in this Kingdom , we may learn from a memorable passage in the same Historian concerning the Arch-Bishop of Vienna reported to have the Legantine power over England granted him A. C. 1100 * The News of which being come to England was very surprizing to all people , every one knowing it was a thing unheard of , that any one should have Apostolical Jurisdiction over them , but the Arch-Bishop of Canterbury . And the event of that Legacy was suitable , * for as he came , so he return'd , being taken by no one for a Legate , nor in any thing discharging the office of a Legate . That the Church of Canterbury own'd no Superiour Bishop to her own but Christ , appears from her being call'd , * Omnium nostrum mater communis sub sponsi sui Iesu Christi dispositione ; and in another place , Mater omnium Anglicanarum Ecclesiarum , quae suo post Deum proprio laetatur Pastore . That appeals to Rome were prohibited in King Henry the 2ds time is manifest from the famous Capitula of Clarendon , amongst which this is one Article . If any appeals shall happen they ought to proceed from the Arch-deacon to the Bishop , and from the Bishop to the Arch-Bishop , and if the Arch Bishop shall fail in doing Justice , the last Address is to be made to the King. That Doctrines prejudicial to the Popes power were then publickly maintain'd , appears from these Propositions amongst others censur'd by Becket . 1st . That none might appeal to the See Apostolick on any account without the Kings leave . 2d . That it might not be lawful for an Arch-Bishop or Bishop to depart the Kingdom and come at the Popes Summons without the Kings leave . 3d. That no Bishop might Excommunicate any who held of the King in capite , nor Interdict his Officers without the Kings leave . Which propositions so censur'd are selected out of the Capitula of Clarendon ; to the Observation of which all the Arch-Bishops , Bishops , and other Ecclesiasticks ( even Becket himself amongst the rest , tho● afterwards falling of ) had oblig'd themselves by a solemn Oath , acknowledging them to be the customs of the King's Predecessours ; to wit , Henry the 1st his Grandfather , and others , and that they ought to be kept inviolable by all . To what party the Bishops were inclin'd in these differences betwixt the King and Becket we cannot better learn then from Baronius , whose severe animadversion on these Praelates , ( wherein● he teaches us what Kings are to expect if they displease his Holiness , and how dreadful his Fulminations be when they come out with full Apostolick vigour ) the Reader may peruse in the * Margin . A like warm Expostulation upon these proceedings we meet with in Stapleton ( de tribus Thomis , in Thoma Cant. ) * What did this Henry the 2d tacitly demand , but that which Henry the 8th afterwards openly usurp'd , viz. to be Supreme Head of the Church of England ? and again * what was this , but that the King of England should be Pope over his own Subjects ? So that according to this Author , Henry the 8th was not the first of that name who pretended to be Supreme Head of the Church . It would be too tedious here to recite the several Statutes made in succeeding Reigns against the Popes Encroachments , viz. the 35 of Edw. 1 25 Edv. 3. Stat. de provisoribus . 27 Ed. 3. c. 1. 38 Ed. 3. c. 1. 2. 4. stat . 2. 2 Ric. 2. c. 3. 12 R. 2. c. 15. 13 R. 2. stat . 2. cap. 2. 16 R. 2. c. 5. 2 Hen. 4. cap. 3. 2 Hen. 4. cap. 4. 6 Hen. 4. cap. 1. which speaks of horrible mischiefs and a damnable custom brought in of new in the Court of Rome . 7 Hen. 4. cap. 6. 8. 9 Hen. 4. cap. 8. 3 H. 5. c. 4. Which see collected by Rastal under the title of Provision and Praemunire . fol. 325. It may suffice to add the Opinion of our * Lawyers that the Article of the 25 of Hen. 8. c. 19. concerning the prohibition of appeals to Rome is declaratory of the ancient laws of the Realm ; * and accordingly the Laws made by King Henry the 8th for extinguishing all forreign power are said to have been made for the Restoring to the Crown of this Realm the Ancient right and Iurisdictions of the same . Which rights are destructive of the Supremacy of the Pope , as will farther appear by our 2d Inquiry , how far the Regal power extended in Causes Ecclesiasticall ? Where 1st . As to the title of Head of the Church , we find that * King Edgar was reputed , and wrote himself Pastor Pastorum , the Vicar of Christ , and by his Laws and Canons assur'd the world he did not in vain assume those titles ; * That our Forefathers stil'd their Kings Patrons Defenders , Governours , Tutors , and Protectors of the Church . And the King's Regimen of the Church is thus exprest by King Edward the Confessor in his laws . Rex quia Vicarius summi Regis est , ad hoc est constitutus , ut re●num terrenum , & populum Domini , & super omnia Sanctam veneretur Ecclesiam ejus , & regat , & ab injuri●sis de●endat . Leg. Edv. Conf. apud Lamb. Where it is plain that he challenges the power of Governing the Church as being the Vicar of God , so that it was but an Artifice in Pope Nicholas the Second to confer on the same King as a priviledge delegated by him , what he claim'd as a right deriv'd immediately from God * . To you ( saith that Pope to the Confessor ) and your Successours , the Kings of England we commit the Advowson of that place , and power in our stead to order things with the advice of your Bishops . Where by the way if we may argue ad hominem this Concession gives the King of England as much right to the Supremacy over this Church , as a like Grant from another Pope to the Earl of Sicily , gives the King of Spain to his Spiritual Monarchy over that Province . But the Kings of England derive their Charter from a higher Power . They challenge from S t. Peter himself to be * Supreme , and from S t. Paul that * every Soul should be subject to them . And the extent of their Regal power may be learn'd from S t. Austin who teaches us * that the Divine right of Kings , as such , authorizeth them to make Laws not only in relation to Civil Affairs , but also in matters appertaining to divine Religion . In pursuance of which . 2ly . As to the power of making Ecclesiastical Laws ; That the Kings of England have made Laws not only concerning the External Regimen of the Church , but also concerning the proper Functions of the Clergy , namely the Keyes of Order and Jurisdiction , so far as to regulate the Use of them and oblige the Persons entrusted with them to perform their respective Offices , is evident to any one , who shall think it worth his leisure to peruse such Laws yet extant . A Collection of the Laws made by Ina , Alfred , Edward , Ethelstan , Edmund , Edgar , Ethelred ; Canutus , and others we have , publish'd by Mr. Lambard , in which we meet with Sanctions concerning Faith , Baptism , Sacrament of the Lord's Supper , Bishops , Priests , Marriage , Observance of Lent , appointing of Festivals , and the like . And here it may not be unseasonable to urge an Autority which our Editor cannot justly decline ; I mean Mr. Spelman jun. in his Book de Vita Alfredi written by him in English but Publish'd in Latin by the Master of University College in Oxford , in the Name of the Alumni of that Society . This Author , speaking of the Laws made by King Alfred in Causes Ecclesiastical , makes this Inference from them . * These Laws do therefore deserve our particular Observation , because from them it is evident that the Saxon Kings Alfred and Edward were of Opinion that they had a Supremacy as well over Ecclesiastical persons as Lay-men ; and that the Church which was within their Dominions was not out of their Jurisdiction , or subject to a forreign Power and exempted from the Laws of the Countrey , as Becket , Anselm , and others afterwards fiercely contended . And again ; * From his ( King Alfred's ) laws it is evident either that the Roman Supremacy was not yet risen to that heighth as in after Ages , so as to lessen the Jurisdiction of Christian Princes , or if it was , yet that King Alfred did not so far subject himself to it . Nay so far was King Alfred from paying any such Subjection that we are told * He found out a way to ruine and destroy that Universal Empire which the Romanists in those dark Ages had newly founded and were hastning to finish . Which is spoken in reference to his restoring the second Commandment expung'd out of the Decalogue , of which thus that Author ; * And here it may not be pass'd over , that in reciting the Decalogue , the second Commandment concerning the not making of graven Images was according to the use of the 2d Nicene Council , which was celebrated an 100 Years before , in its place omitted . But that this defect might be supplied out of the context of the Holy Bible , after that which we call the Tenth Commandment , another was added to complete the just Number , in these words , Thou shalt not make to thy self any Gods of Gold ; Which being added by the King himself as it doth argue the Church to have been corrupt in her Doctrine , so it is a testimony of the Kings Orthodoxy . From which one Instance it is plain that , contrary to the pretensions of our Author , King Edward the 6th was not the 1st that took upon him to Reform Liturgies ; for King Alfred here restores the Decalogue to its primitive Integrity : to judge what is agreeable to the word of God ; for He supply's the defect , which he finds in the Missal , from the Scriptures : to judge contrary to the Determinations of the Church ; for the Church is here said to have been corrupt in that Doctrine in which the King was Orthodox ; to alter the Constitutions of General Councils because repugnant to the law of God ; for this Omission of the Commandment was ex usu secundi Concilii Niceni , and the Worshipping of Images here forbidden was introduc'd by that Council which the Romanists acknowledge General . These passages cited I take to be some of the perperam scripta which the Publisher of that life mentions in the * Praeface . And accordingly we find that whatsoever is advanc'd against the Papal Autority in the Text is qualified in the Comment , and it is plain that King Alfred was a greater Adversary to the power of the Pope then his Alumnus the Annotator ; so that it is matter of surprize to find him appear in the Frontispiece of this Treatise of Church Government , who was so great an Enemy to the Anti-regal designs of it . 3ly . As to the power of calling Synods , we need no more to clear this point then the very words of the Statute by him urg'd . 25 Hen. 8. c. 19. Where it is said , that the Kings Humble and Obedient Subjects the Clergy of the Realm of England had acknowledg'd according to the truth that the Convocation of the same Clergy is , always hath been , and ought to be assembled only by the Kings Writ . Which is farther evident from the ancient from of calling and dissolving Synods by a Writ in each case directed to the Arch-Bishop of Canterbury , as may be seen in D r. Heylin * The Clergy did indeed before this act of King Henry 8th promulge and execute those Canons by their own autority , which they here promise not to put in Execution without the King's consent . But since no such Canons could be put in ure till made ; nor be made but by the Clergy assembled , nor the Clergy be assembled but only by the King 's Writ ; this executing of Canons did in effect as much before this Statute as after depend upon the King's pleasure . 4ly . As for visiting Ecclesiastical persons , and reforming Errors and Haeresies by proper Delegates , this is a necessary consequence from the Supremacy they challeng'd . Without such a Power how shall the Confessor regere Ecclesiam , & ab injuriosis defendere ? If such a Power as this be inconsistent with the Principles even of Roman-Catholiques , Whence is it that we find Articles sent from Queen Mary to Bp. Bonner to be put in Execution by him and his Officers within his Diocess ? Whence is it that we find a Commission directed to some Bishops to deprive the Reformed Bishops ? But to speak of former times , if our Kings had not such a Power , Whence is it that in King Henry the fourth's Reign upon the Increase of Lollardy We find the Clergy thus petitioning that Prince in the Names of the Clergy and Praelates of the Kingdom of England , * That according to the Example of his Royal Praedecessors He would find out some remedy for the Haerefies and Innovations then praevailing ? Whence is it that we find a Commission from that King as Defender of the Catholick Faith to impower certain Persons to seize upon Haeretical Books , and bring them before his Council , and such as after Proclamation be found to hold such Opinions , to be call'd and examined before two Commissioners , who were of the Clergy . * 5thly . As for Collation of Benefices . Our learned Lawyers assure us that all the Bishopricks are of the King's Foundation , and that they were Originally Donative , not Elective ; and that the full right of Investitures was in the Sovereign who signified his pleasure therein per traditionem baculi & annuli by the delivery of a Ring and Crosier Staff to the Person by him elected and Nominated for that Office. * Accordingly we find in the Statute of Provisors Ed. 3. A. 28. the King call'd Advower Paramount of all Benefices which be of the Advowrie of people of Holy Church . And it is there said , That Elections were first granted by the King's Progenitors upon a certain form and Eondition , as to demand License of the King to choose , and after Election to have his Royal Assent , and not in other manner . That if such Conditions were not kept , the thing ought in reason to resort to its first Nature . Lastly as for Hindring Excommunications in foro externo , It is one of the Articles of Clarendon ; That None that hold of the King in capite nor any of his Houshold Servants may be Excommunicated , nor their Land interdicted , unless our Lord the King , if he be in the Kingdom , be first treated with , or his Iustice , if he be abroad ; so that he may do what is Right concerning him . And amongst the Articuli Cleri . c. 7. It is complain'd that the King's Letters us'd to be directed to Ordinaries that have wrapt their Subjects in Sentence of Excommunication that they should assoil them by a certain day , or else that they do appear and answer , wherefore they excommunicated them . This short account , however imperfect , may suffice to shew that the Regal power in Spirituals challeng'd by King Henry the 8th was not quitted by his Predecessors . And if the Reader desires a more full account of these things I shall refer him to Dr. Hammond's Dispatcher Dispatch'd . c. 2. Sect. 5. Bishop Brambal's just Vindication c. 4. Repl. to the Bishop of Chalcedon c. 4. Sch. guarded c. 12. Sect. 3. as also to Sr. Roger Twisden in his Historical vindication of the C. of England in point of Schism ; which Learned Author has by a through insight into History , Law-books , Registers , and other Monuments of Antiquity enabled himself to give full and ample satisfaction to every unpraejudic'd Reader concerning this Subject ; and to convince him that this Author knew very little either of the English History or of his own Book , if He knew not of any Ecclesiastical powers in this Discourse denied to the Prince , but which were foregone by the Kings of England before Henry the Eighth . As for what he adds , that no more Supremacy in such Ecclesiastical matters , as are delegated by Christ to the Clergy and are unalienable by them to any Secular power , can belong to the Princes of one time or of one Nation , then do to any other Prince of a former Time , or a diverse Nation , We willingly acknowledge it , since no such powers belong to any Prince , at any time , or of any Nation . But then there is a Supremacy in Ecclesiastical matters delegated by God to the Prince , which may be invaded by a Forreigner under a forg'd pretence of his being Head of the Church ; and here Secular Laws may be made for the protection of such Rights , and for the punishment of those who shall either invade them , or vindicate such Invasion . And that person who under praetext of maintaining the Churches rights shall impugn the just Autority of his Sovereign may be more a disloyal Subject in these days , when this Authority is by the Laws vindicated from Forreign Usurpation , then he would have been in those days , when such Usurpation was tolerated , and conniv'd at . Having dwelt hitherto on the Epistle , and discover'd so much Insincerity in that , which yet was to bespeak the Reader 's good Opinion of the ensuing Discourse , We have no great reason to expect any fairer dealing in the prosecution of his design . And here I shall be excus'd if I be the shorter in the Examination of his Theses , both because they are such as being propos'd only and not prov'd , it lies in our power to accept , or reject them at pleasure ; as also because they have already undergone the Censure of a Noble Pen , and have not been able to abide a fair Tryall . Some of them are so ambiguously exprest that they may be either true or false according to the different construction they are capable of . The fals-hood of others is self-evident ; But then for the better vending of these , some truths are intermix'd according to the policy of Luther's Antagonist observ'd by his Biographer * , Who , to make his bad wares saleable , diligently mixeth some small stock of good with evil , so to make this more current , and all easily swallow'd down together by the imprudent and credulous . Another Artifice much practis'd by our Author is that he lays down his Propositions in general terms , but afterwards restrains them by such limitations , which if adher'd to would make them utterly disserviceable to his Cause ; but then when they come to be applied , the These are refer'd to at large without any regard to such limitations . Thus when in his first Thesis he has propos'd That it is not in the just power of the Prince to deny giving the Ministers of Christ license to exercise their Office , and their Ecclesiastical Censures in his Dominions , He means he saith in general , for he meddles not with the Prince , his denying some of them to do these things whilst he admits others . Now if this Restraint be observ'd , then all which he would establish from this Thesis will come to Nothing . For he will not , I believe , presume to say that the Reforming Princes ever laid a general Interdict upon all the Clergy to prohibit them the exercise of their Ecclesiastical Functions . This is an Act which the Reformation detests , and which we leave to the charitableness of the Universal Pastor , who by Virtue of our Saviour's Command of Pasce oves ; challenges to himself a power of depriving the flock of all Spiritual food . Thus again , When in his third Thesis he has asserted that the Secular Prince cannot eject from the exercise of their Office in his Dominions any of the Clergy , nor consequently the Patriarch from any Autority which he stands possest of by Ecclesiastical Canons , He restrains such Canons to those only that cannot justly be pretended to do any wrong to the Civil Government . Now he knows that all Canons which would obtrude upon us a forreign usurp'd Autority are by us pretended ( whether justly or not , they will best judge who impartially weigh our Reasons ) injurious to the Civil Government . Another Limitation of this Thesis is that the Civil power may judge , and eject , and disauthorize Spiritual Persons for Moral and Civil Misdemeanors damageable to the Common-Wealth ; But this Limitation is forgot when from this Thesis He would prove the ejection of the Bishops , in Queen Elizabeth's time unlawful ; For their Deprivation was for refusing the Oath of Supremacy made first by Roman-Catholicks in King Henry the 8th's time , and reviv'd by Queen Elizabeth ; so that the Justice of it depends merely on the Right of the Civil power to make Oaths for the better security of their Government , and to impose such Penalties as are exprest in the Law on the Violators ; and if such Refusal be damageable to the Common-Wealth ( as it was then judg'd ) then the Deprivation of those Refusers will be justifiable according to his own Principles . Thus again in his 8th Thesis When he has laid down , That as for things of meer Ecclesiastical Constitution , Neither National Synod , nor Secular power may make any New Canons contrary to the Ecclesiastical Constitutions of former Superior Councils , nor reverse those formerly made by them . He restrains it to those only as neither the Prince can shew some way prejudicial to his Civil Government , nor the National Synod can shew more prejudicial to their particular Church , then the same Constitutions are to the rest of Christian Churches . ( Where by the way methinks it should suffice if they were aequally prejudicial , for one Church is never the less wrong'd because another suffers . ) Now we desire no more then the benefit of this limitation ; for if the Prince may reverse such Constitutions when prejudicial to Civil Government , and the National Synod when praejudicial to their particular Church , and each of these are Judges of such praejudice , ( for neither doth AEquity admit , nor doth He appoint any other Arbiter ) then each of these have as much power granted them as they challenge , which is only to alter such Constitutions as are prejudicial to them . Having praemis'd thus much in general , and caution'd the Reader against this piece of Sophistry , which runs through the greatest part of this Discourse , I shall now proceed to a particular survey of his Theses . As for the first and second , I shall at present grant him that favour which he seems to request of all his Readers , i. e. suppose them to be true , and shall content my self only to examin what Inferences he deduces from them . And here I cannot but commend his Policy for setting his Conclusions at so great a distance from his Praemisses , for they are commonly such as would have by no means agreed to stand too nigh together . From his first and second Thesis , that the Clergy have power to determine Controversies in pure matters of Religion , and to judge what is divine truth , what are Errors ; & that they cannot alienate this Power to the Secular Prince ; he infers That that Synodical Act of the Clergy in K. Henry the Eighth's time , whereby they promise not to Assemble without the King 's Writ , nor when Assembled to execute any Canons without the King's consent , is unlawful . Now it is to be observed that the Clergy neither do deny that they have a Power to determine Controversies in pure matters of Religion , which is what the first Thesis would prove ; nor do they transfer such a Power on the King , which might be against the Tenor of the second . The utmost which can be deduc'd hence is , That the Clergy did for prudential motives limit themselves in the Exercise of one branch of their Spiritual Power ; and it will be difficult for this Author to prove that He , who has a power jure divino , may not by humane Laws be limited in the Use of it . Husbands have a power over their Wives , Fathers over their Children , and Masters over their Servants by the Law of God , and yet this power may be regulated by the Laws of the Land. Thus the Priest has a power to bind and loose from our Saviour's Commission , and yet according to this Author , before the Reformation the Inferior Clergy might not exercise any Church Censure contrary to the Commands of their lawful Spiritual Superior . Thus also if a General Council have power to determine matters of Faith , then according to his Principles they have power to convene in order to such Determination , and this power of theirs is unalienable ; and yet the Romanists will not allow that such Conventions may be made at pleasure , but that the hic & nunc are determinable by the Pope , who only has power to indict Councils , and to give Autority to those decrees , which yet derive their power from the Council's being infallible , and from the Holy Ghost assisting them . Another Act , which from the same Thesis he accuses of Injustice , is the Clergy's beseeching the King's Highness that the Constitutions and Canons Provincial and Synodal , which be thought prejudicial to the King's Prerogative Royal , or repugnant to the Laws and Statutes of this Realm , or to be otherwise overmuch onerous to his Highness and his Subjects may be committed to the judgment of his Highness , and of 32 Persons , 16 of the Temporalty , and 16 of the Clergy of this Realm to be chosen and appointed by the King's Majesty , and that such Canons , as shall be thought by the more part of them worthy to be annull'd , shall be made of no value , and such other of the Canons as shall be approv'd to stand with the Law of God &c. shall stand in power . Now it is to be consider'd that the Laws , which the Clergy here desire may be revis'd , are of a far different Nature , and therefore the Inspection of them may well be committed to different Judges . Some of them were suppos'd prejudicial to the King's Praerogative Royal , or repugnant to the Laws of the Realm , and here the Lay-Commissioners , being persons of the upper and lower House of Parliament ( see the Stat. ) were the best Judges ; Of others it was to be enquir'd Whether they were agreeable to the word of God or not , and here the Clergy were ready to give their Determination . And altho' they both acted in a joynt Commission yet no good reason seems assignable why both Lay and Ecclesiastical Judges should be appointed , but that , the matters to be examin'd being of different cognizance , those which related to Civil Affairs should be determin'd by the Temporalty , those which were of a Spiritual Nature by the Spiritualty . And if so , then the deciding of these matters is not transfer'd from the Spiritualty to the Temporalty , but from one part of the Clergy to another . And this He himself , after all his descants upon this Act , confesseth , For , whatever sense the words in the Praeface of this Act were or may be extended to , I do not think the Clergy at first intended any such thing , as to make the King or his Commissioners Judges of matters of Faith or Divine truth : and for this Opinion of his He gives us his Reasons in that , and the subsequent pages . Another Act , which is by this Author judg'd contrary to his first Thesis , is that Statute of King Henry the eighth which orders that no speaking , holding , or doing against any Laws call'd Spiritual Laws made by Autority of the See of Rome , which be repugnant to the Laws and Statutes of the Realm , or the King's Praerogative shall be deem'd to be Haeresie , from which he infers that the King and Parliament undertake to be Judges of Haeresie . Now the King and Parliament do not here in my Opinion take upon them to decide matters of Faith , but only to Enact that in such a case the Subject shall not suffer the Punishment usually inflicted on Haereticks ; Whether such speaking or doing be Haeresie or not , they have power to ordain that it shall not be deem'd so i. e. the Speaker shall not suffer as an Haeretick . Something parallel to this we have in that Statute of much concernment ( to use our Author's expression of another Act ) made 23. Eliz. c. 1. Wherein it is enacted that The Persons who shall withdraw any of the Queens Majesties Subjects from the Religion established by Law to the Romish Religion , shall be to all intents adjudg'd as Traytors , and shall suffer as in cases of High Treason , and the like of Persons willingly reconcil'd . Where without disputing whether every such Reconciler , or Reconciled , is necessarily for that Act ipso facto a Traytor , all that is here enacted is that he shall suffer as such ; For it is undoubtedly within the reach of the Civil Power to ordain where they will inflict or not inflict their Secular Punishments , without being accountable for this to any Autority under God's . And it seems very hard that if a Subject expresses himself , or acts against such Laws of a Forreigner as are repugnant to the Laws of his own Country , there the Prince cannot exempt him from a Writ de Haeretico comburendo without invading the Churches right . Another Act condemn'd by Virtue of his 1st and 2d Theses is The Convocation's granting to certain persons to be appointed by the King's Autority to make Ecclesiastical laws , and pursuant to this , 42 Articles of Religion publish'd by the Autority of King Edward in the 6th Year of his Reign . Now not to engage my self in a dispute Whether these Articles were not really what in the Title praefix'd they are said to be ? Articuli de quibus in Synodo London , A. D. 1552. ad tollendam opinionum dissentionem , & consensum verae Religionis firmandum inter Episcopos & alios eruditos Viros convenerat , Regia autoritate in lucem editi , I shall only accept of what is by him granted that de illis convenerat inter Episcopos & alios eruditos Viros qui erant pars aliqua de Synodo London . So that here is only a part of the Synod employ'd in drawing up these Articles , and not any Jurisdiction Spiritual transfer'd from Ecclesiastial persons to Secular , which was by him to have been prov'd . Another Inference , which he deduces from these Theses , is the Unlawfulness of the Oath of Supremacy . Now how far the Regal Supremacy is by us extended , will best be learnt from our Articles . * The King's Majesty has the chief power in this Realm of England , and other his Dominions : Unto whom the chief Government of all Estates of this Realm , whether they be Ecclesiastical or Civil , in all causes doth appertain , and is not or ought not to be subject to any forreign Jurisdiction . So far for the extent of this power ; but now for the restraint . Where we attribute to the King's Majesty the chief Government , by which Titles we understand the minds of some slanderous folks to be offended , We give not to our Prince the ministring either of God's word , or of the Sacraments , the which thing the Injunctions also , lately set forth by Q. Elizabeth do most plainly testify , but that only Prerogative which We see to have been given always to all Godly Princes in Holy Scriptures by God himself , that is , that they should rule all Estates and degrees committed to their charge by God , whether they be Ecclesiastical or Temporal , and restrain with the Civil Sword the Stubborn & evil doers . It is therefore by our Author to be prov'd that they who give no more to their Prince , then hath been given always to all Godly Princes in Holy Scripture by God himself , do alienate to the Secular Governour any Autority or Office which they ( the Clergy ) have receiv'd and been charg'd with by Christ , with a command to execute the same to the end of the World ; which being a Contradiction I leave it to him to reconcile . That by this Oath , or any other Act of Queen Elizabeth a greater Power was either assum'd by herself , or given to her by Others , then is consistent with that Autority that is given by our Saviour to the Church will be very difficult for any Reasonable man to conceive who shall have recourse to the Injunction of this Queen to which this very Article refers us ; * Where she declares that she neither doth nor ever will challenge any Autority , but what was challeng'd and lately us'd by the Noble Kings of famous memory King Henry the 8th , and King Edward the 6th , which is and was of Ancient time due to the Imperial Crown of this Realm ; that is , under God to have Sovereignty and Rule over all manner of Persons born within these her Realms , Dominions , and Countreys , of what Estate either Ecclesiastical or Temporal soever they be ; so as no other forreign Power shall or ought to have any Superiority over them . And if any Person that hath conceited any other sense of the form of the said Oath , shall accept the same Oath with this Interpretation , sense , or meaning ; Her Majesty is well pleas'd to accept every such in that behalf as her good and Obedient Subjects ; and shall acquit them of all manner of penalties contain'd in the act therein mention'd , against such as shall peremptorily and obstinately refuse to take the same Oath . So that it 's evident from this Injunction that it 's no way here stated what Autority belongs to the Church , and what to the Civil Magistrate , farther then that the Queen ( as justly she might ) challenged what was due of Ancient time to the Imperial Crown of this Realm , and neither did nor would challenge more ; but what that was , is not here determin'd ; and she is content without such Determination , if any Person would take this Oath in such a sense as only to exclude all forreign Jurisdiction whether Ecclesiastical or Civil . Another Act which He finds repugnant to his 1st . Thesis is King Henry the 8th's claiming a right that no Clergy-man , being a Member of the Church of England , should exercise the power of the Keys in his Dominions in any Cause or on any Person without his leave and appointment . But it is to be remembred that the Ecclesiastical . Censures asserted to belong to the Clergie in the first Thesis have reference to the things only of the next world ; but the censures here spoken of , are such as have reference to the things of this world . The Habitual Jurisdiction of Bishops flows , we confess , from their Ordination ; but the Actual exercise thereof in publick Courts after a coercive manner is from the gracious Concessions of Sovereign Princes . From the 1st and 2d Thesis he farther condemns the taking away the Patriarch's Autority for receiving of Appeals , and exercising final Judicature in Spiritual Controversies , as also the taking away the final judging and decision of such Controversies not only from the Patriarch in particular , but also from all the Clergy in general , not making the Arch-Bishop of Canterbury or Convocation , but himself or his Substitutes the Judges thereof . For which he refers us to Stat. 25. H. 8. 19. c. But in that Statute I find no mention of a Patriarch , or Spiritual Controversies , but only that in causes of Contention having their commencement within the Courts of this Realm no Appeal shall be made out of it to the Bishop of Rome , but to the Arch-Bishop of Canterbury , and for want of Justice in his Courts to the King in Chancery ; Upon which a Commission shall be directed to such Persons as shall be appointed by the King definitively to determine such Appeals . Here is nothing of determining Controversies in pure matters of Religion , of deciding what is Gods word , and divine Truth , what are Errors in the faith or in the practise of Gods Worship , and Service , nor any of the other Spiritual powers by him enumerated in the 1st Thesis ; Or if any such Quaestions should be involv'd in the Causes to be tried , Why may not the Commissioners , if Secular , judge according to what has been praedetermin'd , by the Clergy ? or let us suppose a case never yet determin'd , How doth he prove a power of judging in such causes transfer'd on secular Persons , since if Occasion requir'd , the Delegates might be Persons Ecclesiastical ? But not only the Acts of State and Church , but the Opinions of our Doctors are to be examin'd by his Test , and therefore from the same Theses he censures that Assertion of Dr. Heylin * that it is neither fit nor reasonable that the Clergy should be able by their Synodical Acts to conclude both Prince and People in Spiritual matters , until the stamp of Royal Autority be imprinted on them . Now it is plain to any one that views the Context , that the Dr. speaks of such a concluding the Prince and people in matters Spiritual , as hath influence on their Civil rights . For he there discourses of the Clergy under King Henry obliging themselves not to execute those Ecclesiastical Canons without the Kings consent which formerly they had put in Execution by their own Autority . But the Canons so executed had the force of Civil Laws , and the Violators of them were obnoxious to Secular punishments . The Dr. therefore very justly thought it unreasonable any should be liable to such Punishments without His consent , who only has the power of inflicting them ; Nor is this inconsistent with our Authors first Thesis ( had he at so great a distance remembred it ) which extends Church-Autority only to Ecclesiastical Censures , which have reference to things not of this , but the next World. These are the Inferences which I find deduc'd , from his first and second Theses in the several parts of this Discourse , which had they been as conclusive , as they are false , yet I do not find but that his own party ( if that be the Roman Catholick ) had suffer'd most by them . For if the Supremacy given to King Henry was so great an Invasion of the Churches right , what shall we think of that Roman Catholick Clergy , who so Sacrilegiously invested him with this Spiritual power ? If that Synodical Act was betraying the trust which the Clergy had receiv'd from Christ , what shall we think of those Pastours , who so unfaithfully manag'd the Depositum of their Saviour ? If denying the Popes Authority was so piacular a Crime , what Opinion shall we entertain of those Religious Persons in Monasteries , who professing a more then ordinary Sanctity , and being obliged by the strictest Vows of Obedience so * resolutely abjur'd it ? What of those Learned in the * University , who after a solemn debate , and serious disquisition of the cause , so peremptorily defin'd against it ? What of the * Whole Body of the Clergy , whose proper Office it is to determine such Controversies , and to judge what is Gods Word , and divine Truth , what are Errors , who in full Synod so Unanimously rejected it ? What of the leading part of those Prelates , * Gardiner , Bonner , and Tonstal , who Wrote , Preach'd , and Fram'd Oaths against it ? What of the * Nobles and Commons , Persons of presum'd Integrity , and Honour , who prepared the Bill against it ? What lastly of the Sovereign a declar'd Enemy of the Lutheran Doctrine , and Defender of the Roman Catholick Faith , who past that Bill into a Law , and guarded the Sanction of it with Capital punishments ? If all these acted sincerely , then it is not the Doctrine of the Reformed , but of the Romanists which is written against : If not , we seem to have just praejudices against a Religion which had no greater influence over its Profesors , then to suffer a whole Nation of them perfidiously to deny that , which if it be any part , is a main Article of their Faith ? But to return to our Author , what shall we judge of his skill in Controversie who from Principles assum'd gratis , draws Deductions which by no means follow , and which if they did follow , would be the greatest Wound to that cause which he pretends to Patronize ? But because he has offer'd something under this first Thesis , why the Prince should pay an implicit Obedience to his Clergy , I come now to consider it . He tells us therefore that the Prince professeth Himself with the rest of the Christians as to the knowing of Spiritual Truths a Subject and Scholar of the Church ; and he earnestly claims a Supreme power and confesseth an Obligation from God over all Persons in all Spiritual Matters to bind them upon Temporal Punishments to Obedience of the Churches ( or Clergy's ) Determinations and Decrees . But here he either willingly misrepresents , or ignorantly mistakes our Principles ; For the Prince claims a supreme power over all persons , to bind them by temporal Punishments to the Obedience not of the Churches , but of Christs Laws ; or of the former , no farther then they are agreeable with the latter . But , saith He , if the Prince meaneth here only where himself first judgeth such their Decrees Orthodox and right , this power is in effect claim'd to bind all persons in all Spiritual matters only to his own Decrees ; whilst he praetends an Obligation both of himself and His Subjects to the Churches . But , what if the Prince judge such Decrees neither Orthodox nor right ? Must he here give them the Autority of Civil Sanctions ? This is to establish Iniquity by a Law ; and a power is claim'd in effect to bind all persons to the Decrees of the Clergy , whilst , as has been said , He praetends an Obligation of Himself & Subjects to the Laws of Christ. But he goes on and tells us , That all Texts of the New-Testament do ordain Obedience of Church-men to the Pagan Princes , that then Reigned , no less then to others . From which I suppose he would infer an exemption from Obeying the Prince in Spiritualibus . But supposing that all Texts do aequally ordain Obedience to Princes Pagan , and Christain , yet the Obedience to a Christian Prince will be of greater latitude , since because he professes the true Religion , his Commands in Spirituals not contradicting our Saviours will exact our Compliance . Obedience in licitis is all the Subject ow's to a Prince either Christian or Infidel ; but the Christian Prince will oftner challenge my Obedience , because he more rarely transgresseth the bounds of licita . If as he adds , all Princes are oblig'd with the Sword which God hath given them to protect and defend his true Religion , and Service in their Dominions , whensoever it offers it self to them ; Since many Religions offer themselves , it becomes the Prince to take Care which is the true ; and not to take , whatever is offer'd ; which would be utterly destructive of our Authors Principles . As for the Acts of Ancient Councils obliging even without the Emperours consent , We own their Obligation over their proper Subjects , so far as they were agreeable with the Laws of Christ , and his Apostles ; and urge the Autority of Emperours no farther then as adding their Civil power to the Spiritual Power of the Church . And here we challenge no other Power to our Princes , then was exercis'd by Christian Emperours , that is , to call Synods , and to have a liberty of confirming , or not confirming their Decrees by Civil Sanctions . As for what he cites out of our Writers , all amounts to no more then this , that there are some Offices peculiar to the Church ; Which neither do we deny , nor did our Princes ever invade these Functions . But because from hence He would insinuate that the Prince has no power at all in Causes Ecclesiastical , & in his Citations from these Writers comes up to that Character which the * Book of Education gives us of the SLY , the CLOSE , and the RESERV'D , who take notice of so much as serves to their own designs , and misinterpret and detort what You say even contrary to Your intention ; I shall as briefly as may be shew that their Concessions are far from giving any Countenance to his Cause . Bishop Andrews doth indeed say ( as all other of our Church ) Potestatis mere Sacerdotalis sunt Liturgi●e , Conciones . i. e. dubia legis explicandi munus ; claves , Sacramenta , & omnia quae potestatem ordinis consequuntur ; But then there are other Ecclesiastical powers which he challenges to the Prince ; viz. a To have Supreme Command in the exteriour Polity of the Church ; b To be keeper of both Tables ; c To exercise all that Power which the good Kings of Israel did ; d To make Ecclesiastical Laws ; To e delegate Persons to judge in causes Ecclesiastical ; To f punish the breach of those Spiritual Laws ; To g learn the will of God not only from the Mouth of the Clergy , but also from the Scripture ; To h have autority over all Persons ; To i eject even the High Priest if he deserve it ; To k pull down High-places l ; and to Reform the Church from Idolatry and Superstition . These He claims to appertain to the Prince m Iure Divino . The next Author is Dr. Carlton . He amongst other rights of the Church reckons Institution and Collation of Benefices , which this Writer marks with Italian Characters , and makes much Use of . But this Apostolical Institution and Collation by the Bishop alluded to , doth also involve in it Ordination , even as the Ordination ( which is observ'd by himself n from the Bishop ) signified also Institution in the charge and cure . But the Collation challeng'd by our Princes is of another Nature , and signifies no more then the Nominating a Person to be Ordain'd to such an Office , or presenting a Person already Ordained to such a Benefice ; And the right of Investitures ( which is the same with such a Collation ) is by this Bishop o asserted to Emperours . This being clear'd which was by him on purpose perplex'd , If we take the extent of the Regal power from this Bishop , He tells p us , That Sovereign's as Nursing Fathers of the Chu●●● are to see that Bishops and all Inferiour Ministers perform their faithfull duties in their several places , and if they be found faulty to punish them . His next Author is Mr. Thorndike , Who is as large as any one in the Vindication of the Churches rights ; and Yet He tells us q , that No man will refuse Christian Princes the Interest of protecting the Church against all such Acts as may prove praejudicial to the common Faith. He holds ( as this Writer with great concern r observes ) that the Secular power may restore any law , which Christ or his Apostles have ordained , not only against a Major part , but all the Clergy and Governours of the Church ; and may , for a Paenalty of their opposing it , suppress their power and commit it to others , tho' they also be establish'd by another Law Apostolical . Thus that considerative man , who held not the Pope to be Antichrist , or the Hierarchy of the Church to be followers of Antichrist s . Bishop Taylour ( his next Author ) doth with the rest assert , that the Episcopal Office has some powers annex'd to it , independent on the Regal ; But then he farther lays down these Rules , t That the Supreme Civil-power is also Supreme Governour over all Persons , and in all Causes ; u Hath a Legislative power in Affairs of Religion and the Church ; x Hath Jurisdiction in causes not only Ecclesiastical , but also Internal and Spiritual ; y Hath autority to convene and dissolve all Synods Ecclesiastical ; z Is ( indeed ) to govern in Causes Ecclesiastical by the means and measure of Christ's Institutions , i. e. by the Assistance and Ministry of Ecclesiastical Persons ; a but that there may happen a case in which Princes may and must refuse to confirm the Synodical decrees , Sentences , and Judgments of Ecclesiastics ; b That Censures Ecclesiastical are to be inflicted by the consent and concurrence of the Supreme Civil power . The next Author cited is the Learned Primate Bramhal ; and We have here reason to wonder that one Who praetends to have been conversant in his Writings , dares appear in the Vindication of a Cause , which the Learned Author has so longe since so shamefully defeated . As for the right of Sovereign Princes , This Arch-Bishop will tell c him , That to affirm that Sovereign Princes cannot make Ecclesiastical Constitutions under a Civil pain , or that they cannot ( especially with the advice and concurrence of their Clergy assembled in a National Synod ) reform errors and abuses , and remedy Incroachments , and Usurpations in Faith or Discipline , is contrary to the sense and practise of all Antiquity , and as for matter of Fact He will instruct him , d that our kings from time to time call'd Councils , made Ecclesiastical Laws , punish'd Ecclesiastical Persons , saw that they did their duties in their calling &c. From this Bishop's acknowledgment , that the Bishops are the proper Judges of the Canon , this Author that He may according to the Language of a * modern Pen , as well waken the Taciturn with Quaestions , as silence the Loquacious with baffling fallacies , takes Occasion briskly to ask whether this Bishop doth not mean here that the Bishops may both compose and execute Canons in the King's Dominions , and use Ecclesiastical Censures by their own Autority ? But see , saith He , the Bishops depriv'd of the former power in the Reformation . To which I answer that the power of which they were depriv'd in the Reformation was only of such an executing the Canons as carried with it pecuniary and corporal Punishments , and this power the Bishop has told him they could not Exercise by their own Autority . And here it were to be wish'd that our Author in reading this Bishop's Works had made use of his advice , e To cite Authors fully and faithfully , not by halves , without adding to , or new moulding their Autorities according to Fancy or Interest . The next Advocate against Regal Supremacy is King Charles the First ; But if we may take a draught of that Blessed Martyr's Sentiments from his own Portraiture , f He did not think his Autority confin'd to Civil Affairs , but that the true glory of Princes consists as well in advancing Gods Glory in the maintenance of true Religion , and the Churches good ; as in the Dispensation of Civil power with Justice , and Honour , to the publick Peace . g He thought himself ( as King ) intrusted by God and the Laws , with the good both of Church and State , and saw no reason why he should give up , or weaken by any change , that power and Influence which in right and reason He ought to have over both . He thought himself oblig'd to preserve the Episcopal Government in its right Constitution , ( not because his Bishops told him so , but ) because his Iudgment was fully satisfied that it had of all other the best Scripture grounds , and also the constant practice of Christian Churches . He was no Friend of implicit Obedience , but after he has told the Prince , h that the best Profession of Religion is that of the Church of England , adds I would have your own Iudgment and reason now seal to that Sacred Bond which Education hath written , that it may be judiciously your own Religion , and not other Mens Custom , or Tradition , which you profess . He did not give that glorious Testimony to the Religion established in the Church of England , that it was the best in the World , not only in the community as Christian , but also in the special Notion as Reformed ; and for this reason required and intreated the Prince as his Father , and his King , that he would never suffer his Heart to receive the least check against , or disaffection from it ; till he had first tried it , and after much search , and many disputes thus concluded . These are the Sentiments of our Authors , in which if I have been over-long , the Reader will excuse me , that I choose rather to intermix something useful from these great Pens , then to entertain him altogether with the Paralogisms and prevarications of this Writer . There is nothing that remains considerable under this first Thesis , but his Sub-sumption , that whatever powers belong'd to the Church in times of persecution , and before Emperours had embrac'd Christianity , are , and must still be allowed to belong to her in Christian States . Which I conceive not altogether so Necessary that it must be allowed , and I am sure by our Authors it is not . As for Convening of Councils ( the power of greatest concern ) Bishop i Andrews to this Quaestion ( What say you to the 300 Years before Constantine ? How went Assemblies then ? Who call'd them all that while ? ) returns this Answer . Truly as the people of the Jews did before in AEgypt under the tyranny of Pharaoh : They were then a Church under persecution , until Moses was rais'd up by God a Lawful Magistrate over them . The cases are alike for all the world . No Magistrate did assemble them in AEgypt , and good reason why ; they had none to do it . But this was no barr , but when Moses arose , authoriz'd by God , & had the Trumpets by God deliver'd to him , He might take them , keep them , use them , for that end , for w ch God gave them , to assemble the Congregation — Shall Moses have no more to do then Pharaoh ? or Constantine then Nero ? See also a Dr Field . His Third Thesis is , That the Secular Prince cannot b depose or eject from the exercise of their office in his Dominions any of the Clergy , nor introduce others into the place of the ejected . But the Quaestion here is not , Whether the Prince can eject any of the Clergy from the Exercise of their Office , but , Whether he can depose any for not Exercising it ? While the Clergy faithfully discharge their Office , the Prince ought to protect them ; and if for this they suffer , no doubt but they are Martyrs . But it is possible they may abuse their power , and then it is to be enquir'd , Whether Civil Laws may not inhibit them the Use of it ? This Author holds the Negative , and tell us 1st . They cannot eject them at pleasure , without giving any cause thereof . But he doth not pretend that the Reforming Princes ever ejected any without a Cause given . And therefore he adds 2ly , Neither may Princes depose them for any Cause which concerns things Spiritual ; but with this Limitation , without the consent of the Clergy . I could wish he had here told us what he ment by things Spiritual . For things , as well as Persons Spiritual are of great Extent . ( d Pope Paul the 3d told the Duke of Mantua , that it is the Opinion of the Doctors , that Priest's Concubines are of Ecclsiastical Jurisdiction . ) But he gives us his reason for his assertion Because it is necessary that a Judge to be a competent one have as well potestatem in causam , as in Personam , and the Prince as has been mention'd in the 1st Thesis has no Autority to judge such Causes purely Spiritual . Now the power denied to the Prince in the Ist Thesis is to determine matters of Faith. But may not the Prince judge whether an Ecclesiastick deserves Deprivation without determining a Matter of Faith ? May not he judge according to what has been already determin'd by the Church ? Or may not he appoint such Delegates as can determine matters of Faith ? Or are all the Causes , for which a Clergy-man may be depriv'd , merely Spiritual ? By Virtue of this Thesis he proves the Ejection of the Western Patriarch unlawful . Now was not this Matter of Faith already determin'd by the Clergy ? Had they not unanimously decreed , That he had no more Autority here , then any other forreign Bishop ? And can the King be said here to have acted without the consent of the Clergy ? And yet that matter of fact is applied to this Thesis . As for the Ejection of the Bishops in King Edward's time ; is not that confest to have been for not acknowledging the Regal Supremacy ? But this was a matter which wanted no new Determination , for the Church-Autority had decided it in their Synod in King Henry's Reign . But it is said , the Judges were not Canonical , as being the King's Commissioners , part Clergy , part Laity . But neither was the cause purely Canonical ; for denying the Supremacy was not only an infringment of the Canon , but also a Violation of an Act of Parliament . As for the Bishops , Bonner and Gardiner , they were accus'd for not asserting the Civil power of the King in his Nonage . Nor do they plead Conscience for not doing it , but deny the Matter of Fact * The same Objections were then made against their Deprivation , as are reassum'd by this Author now ; and therefore it may suffice to return the same answers . That the Sentence being only of Deprivation privation from their Sees , it was not so entirely of Ecclesiastical Censure , but was of a mix'd nature , so that Lay-men might joyn in it ; & since they had taken Commissions from the King for their Bishopricks , by which they held them only during the Kings pleasure , they could not complain of their Deprivation , which was done by the King's Autority . Others who look'd farther back , remembred that Constantine the Emp. had appointed Secular Men to enquire into some things objected to Bishops , who were call'd Cognitores , or Triers ; and such had examin'd the business of Coecilian Bishop of Carthage , even upon an Appeal , after it had been tried by several Synods ; and given Judgment against Donatus , and his party . The same Constantine had also by his Autority put Eustathius out of Antioch , Athanasius out of Alexandria , and Paul out of Constantinople ; and though the Orthodox Bishops complain'd of their particulars , as done unjustly at the false suggestion of the Arrians , yet they did not deny the Autority of the Emperors in such cases . But neither is the Arch-Bishop of Canterbury by this Author allow'd to be a proper Judge ; & that , because He did not Act by his Canonical Superiority in the Church , but by the Autority he joyntly with the rest receiv'd from the King ; As if he had ever the less the power of a Metropolitan , because He was also the King's Commissioner . By this way of arguing the Decrees of Oecumenical Councils will be invalid , because they were call'd to determine Controversies by the command of Emperors . But how Uncanonical soever King Edward's Bishops are said to have been , He does not except against Queen Mary's Bishops , tho' they in depriving the Reformed , acted by Commission from the Queen . As for the Bishops ejected in Q. Elizabeth's time , it has been already said it was for a Civil cause , i. e. refusing the Oath of Supremacy ; which why it should be lawful in her Father's time , and unlawful in her's ; why it should be contriv'd by Roman Catholics in that Reign , and scrupled by the same Roman Catholics in this ; Why it should be inoffensive , when exprest in larger terms , and scandalous , when mitigated ; whence on a sudden the Refusers espied so much Obliquity in that Oath , which they had all took before probably either as Bishops or Priests in the reigns of King Henry the 8th , and Edward the 6th ; whence this change of things proceeded , unless from secret intimations from Rome , or their own Obstinacy , will not easily be conjectur'd . As for his Note , that what is sayd of the other Clergy , may be said likewise of the Patriarch , for any Autority which he stands posses'd of by such Ecclesiastical Canons , as cannot justly be pretended to do any wrong to the Civil Government . He has been often told by our Authors , that Patriarchs are an Humane Institution ; That as they were erected , so they may be dissolv'd by the Prudence of Men ; that as they were erected by leave and confirmation of Princes , so they may be dissolv'd by the same ; that the Bishop of Romes Patriarchate doth not extend beyond the sub-urbicary Churches ; that we are without the reach of his Jurisdiction , and therefore that the power claim'd over us is an Invasion ; that did not Popes think fit to dispence with themselves for Perjury , having sworn to keep inviolably the Decrees of the Eight first General Councils , they would not in plain opposition to the a Nicene and b Ephesine Canons pretend to any Jurisdiction over us ; That they so invading ought to be judg'd by a free Oecumenical Synod if such an one could be had ; but that this Remedy being praecluded us , Each National Church has liberty to free her self from such Usurpation ; that the Church of England pleads the benefit of this Right ; and her Sovereigns having power to transfer Bishopricks , might remove the Patriarchate from Rome to Canterbury , and justly exclude any forreign Praelate from Jurisdiction within their Territories ; But that the power claim'd by the Pope ( however mollified by the Novices of that Church ) is more then Patriarchal , and that it is not our Rule ( which this Author so much dislikes ) but Pope Leo's the c 1st , that propria perdit , qui indebita concupiscit . This plea of a Western Patriarchate is fatally confounded by that one plain Period of Bishop d Bilson . As for his Patriarchate , by God's law he hath none ; in this Realm for Six Hundred years after Christ he had none ; for the last 6 Hundred years looking after greater matters he would have none ; Above or against the Princes Sword he can have none ; to the subversion of the Faith , and Oppression of his Brethren he ought to have none ; He must seek farther for Subjection to his Tribunal ; this land oweth him none . So much for the first branch of this Thesis ; the 2d is , that as the Prince cannot eject , or depose the Clergy , so neither can be introduce any into the place of those , who are ejected , or deceas'd without the concurrence of the Clergy . If by the concurrence of the Clergy , he means that the Person assign'd by the Prince to any sacred office cannot execute it till he be ordain'd by the Clergy , No one will deny it ; Or if he think that the Ordainer ought to lay hands on none but whom he esteems fit for the discharge of so sacred an Office ; here also we agree with him ; But how doth it follow that because Ordination , which is consecrating Men to the work of the Holy Ministry , is the proper Office of the Clergy , the Prince may not recommend to the Church a fit Person so to be consecrated , or assign to the Person already consecrated , the place where he shall perform that Holy Work ? As for the Canons by him alledg'd , they being Humane Institutions are not of AEternal Obligation , but changeable according to the different State of the Church . If the 31st Apostolick Canon , which excommunicates all who gain Benefices by the Interest of Secular Princes , and forbids the People to communicate with them , still oblige ; then we are exempted from Communion with the Bishop of Rome . How comes the latter part of the 6th Canon of the Nicene Council which concerns the Election of Bishops still to be valid , and the former part , which limits the Jurisdiction of Patriarchs , so long since to be null ? Why must the C. of England accept the 2d . Nicene Council in matters of Discipline , which the * Gallican Church rejected in matters of Faith ? Were the Canon of the Laodicean Council , here cited , pertinent to the purpose , as it is not , ( it being directed only against popular Elections ) yet why must that be indispensable , when another Canon , which enumerates the Canonical books of Scripture , has so little Autority ? It is plain the manners of Elections have varied much in the divers States of the Church . The Apostles and Apostolical Persons nominated their Successors ; afterwards Bishops were chose by the Clergy , and the people ; after , by the Bishops of the Province , the Metropolitan ratifying the choice ; In process of time Emperors , when become Christian , interpos'd and constituted and confirm'd even Popes themselves * . Nor is this Power of Princes repugnant to Holy Scripture , in which we find that * King Solomon put Zadok the Priest in the Room of Abiathar ; That * Jehosaphat set Amariah the Chief-Priest over the People in all matters of the Lord : That He * set of the Levites , and of the Priests , and of the Chief Fathers of Israel , for the Iudgment of the Lord , and for Controversies . As for his alledg'd Inconvenience , that , if temporal Governors can place , and displace the Clergy , they will make the Churches Synods to state divine matters according to their own minds , and so the Church will not be praeserv'd incorrupt in her Doctrine and Discipline , They who maintain the just rights of the Prince are not obliged to defend the abuse of them ; there is perhaps no power ordain'd for our good , which may not be perverted to mischief ; were this right of placing and displacing left to a Patriarch or a Synod , yet either of these might so manage their trust that a corrupted majority of Clergy might state divine matters according to their own minds , and so the Doctrines of Christ be chang'd for the Traditions of men . But to these objected Injuries which the Church may suffer from a bad Prince , we ought to oppose the benefit she receives from the Protection of a good one ; Nor is it more true that Constantius an Arrian , by his unjustly displacing the Orthodox Bishops , procur'd Arrianism to be voted in several Eastern Synods , then that the succeeding Emperors by justly displacing the Arrian Bishops procur'd the Nicene Faith to be receiv'd in succeeding Synods . But for these mischiefs , which a National Synod is liable to , our Author has found out , as he thinks , a Remedy in his Fourth Thesis , That a Provincial , or National Synod may not lawfully make any difinitions in matters of Faith , or in reforming some Error , or Heresy , or other abuse in God's Service contrary to the Decrees of former Superior Synods , or contrary to the judgment of the Church Vniversal of the present Age Shew'd in her publick Liturgies . But there is a Thesis in our Bibles , which seems to me the very contradictory of this . For saith the Prophet expresly , * Though Israel transgress , yet let not Iudah Sin. Tho' ten tribes continue corrupted in their Faith , yet let the remaining Tribe take care to reform her self . For that Iudah had sinned , and consequently was here commanded to reform is plain from the words of Scripture , where it is said , that * Iudah kept not the Commandments of the Lord her God , but walk'd in the Statutes of Israel which they made . But this argument of National Councils reforming without the leave of General has been manag'd with so great Learning and Demonstration by Arch-Bishop Laud in his Discourse with Fisher , and his Lordship's Arguments so clearly vindicated by the Reverend D. Stillingfleet , that as it is great Praesumption in this Author to offer any thing in a cause which has had the Honour to have suffer'd under those Pens , so neither would it be modest in me to meddle any farther in a Controversie by them exhausted . I shall therefore proceed to his Fifth Thesis , That could a National Synod make such Definitions , yet that a Synod wanting part of the National Clergy unjustly depos'd , or restrained ; and consisting partly of persons unjustly introduc'd , partly of those who have been first threatned with Fines , Imprisonment , and deprivation , in case of their Non-conformity to the Princes Injunctions in matters purely Spiritual , is not to be accounted a lawful National Synod , nor the Acts thereof free and valid ; especially as to their establishing such Regal Injunctions . Now how this is pertinent to our case I can by no means conjecture . For it has been shew'd that neither were the Anti-reforming Bps. unjustly depos'd , nor the Reformers unjustly introduc'd . But what he means by the Clergy's being threatned with fines , imprisonment , and Deprivation in case of their Non-conformity to the Prince's Injunctions may be learnt from another passage in his Discourse , where he tells us that the Clergy being condemn'd in the Kings Bench in a Praemunire for acknowledging the Cardinal's power Legantine , and so become liable at the King's pleasure to the Imprisonment of their Persons , and Confiscation of their Estates , did to release themselves of this Praemunire , give the King the title of Ecclesiae & Cleri Anglicani Protector , & Supremum caput . Which Act , saith he , so passed by them , that , as Dr. Hammond acknowledges , It is easie to believe that Nothing but the apprehensions of dangers , which hung over them by a Praemunire incurred by them could probably have inclined them to it . But here we have great reason to complain of the unpardonable praevarication of this Author in so foully misrepraesenting Dr. Hammond . Which that it may be the more perspicuous , and that the Reader may make from this Instance a true judgment of this Writer's sincerity , it will be necessary to transcribe the whole passage as it lies in the Doctor . * Though the first act of the Clergy in this was so introduc'd , that it is easie to believe that nothing but the apprehension of dangers which hung over them ( by a Praemunire incurr'd by them ) could probably have inclin'd them to it , and therefore I shall not pretend that it was perfectly an Act of their first will and choice , but that which the Necessity of affairs recommended to them , Yet the matter of right being upon that occasion taken into their most serious debate in a Synodical way , and at last a fit and commodious expression uniformly pitch'd upon by joynt consent of both Houses of Convocation , there is no reason to doubt , but that they did believe what they did profess , their fear being the Occasion of their Debates , but the Reasons and Arguments observ'd in debate , the causes , as in all Charity we are to judge , of their Decision . Thus the Doctor . Now this Prevarication is the more culpable , because it is not an Original , but copied from Mr. Sergeant , whom this Writer cannot but be praesumed to have known to have falsified it . For Bishop Bramhal ( in whose writings we find him very conversant ) had detected this mis-quotation in Mr. Sergeant , and severely Reprimands him for it . His words are so applicable to our Author , that I cannot excuse my self the Omission of them . * He citeth half a passage out of Dr. Hammond , but he doth Dr. Hammond notorious wrong . Dr. Hammond speaketh only of the first Preparatory Act which occasion'd them to take the matter of right into a serious debate in a Synodical way ; he applieth it to the subsequent Act of renunciation after debate . Dr. Hammond speaketh of no fear but the fear of the Law , the Law of Praemunire , an Ancient Law made many ages before Henry the 8th was born , the Palladium of England to preserve it from the Usurpations of the Court of Rome ; but Mr. Sergeant mis-applieth it wholly to the fear of the King 's violent cruelty . Lastly , he smothers Dr. Hammond's sense express'd clearly by himself , that there is no reason to doubt , but that they did believe what they did profess , the fear being the Occasion of their debates , but the reasons or Arguments offer'd in debate , the causes ( as in all charity we are to judge ) of their Decision . He useth not to cite any thing ingenuously . This Author must be thought to have read these passages , and yet ventured the scandal of promoting this Forgery , tho' without the Honor of being the first Inventor of it . Such practises , as these , require little Controversiall skill , but much fore-head ; and we have seen a Machine lately publickly expos'd for this laudable Quality of imbibing whatever is blown into it's Mouth , and then ecchoing it forth again without blushing . Whether this be not our Author's Talent , let the Reader judg ; as also what Opinion we ought to have of his Modesty , who after all this has the confidence to desire us to read , together with these his Observations on the Reformation , Dr. Hammond of Sch. c. 7. ( the very Chapter whence this is cited ) least , saith he , I may have related some things partially , or omitted some things considerable in this Matter . As for this Objection of the Clergy's being aw'd by fear in this Act , he himself has unluckily cited a passage from the ( then ) Lady Mary , which shews the vanity of it . I am well assur'd ( saith She speaking of Edward VI. in her Letter to the Council ) that the King his Father's Laws were consented to without compulsion by the whole Realm both Spiritual and Temporal . I shall say nothing more to this Thesis but oppose another to it , That could an Oecumenical Synod make definitions contrary to the word of God , yet that a Synod wanting the greatest part of Christian Bishops , unjustly excluded , and consisting partly of Persons unjustly introduc'd , partly of those who have been first bribed with Mony , and promises of Church praeferment , or praeengag'd by Oaths to comply with the Vsurpations of a praetended Spiritual Monarch , is not to be accounted a lawful Oecumenical Synod , nor the Acts thereof free and valid , especially as to their establishing such usurpations . This is a Thesis , which needs no Application . I proceed to his Sixth Thesis . That the Iudgment and consent of some Clergy-men of a Province , when they are the lesser part , cannot be call'd the judgment and consent of the Whole Clergy of the Province . This Assertion , that a lesser part is not aequall to the Whole , is the only thing which looks like Mathematics in the whole Discourse ; and the Reader may hence be convinc'd that our Author doth sometimes travel in the * High road of Demonstration . But here we desire it may be prov'd , either that the Reformation was not effected by the major part of the Clergy , or that a minor part judging according to truth are not to be obey'd rather then the Major part judging contrary to it . In the mean time it is easily reply'd , that the judgment and consent of some few Bishops ( * suppose 48. Bishops , and 5. Cardinals giving Canonical Autority to books Apocryphal , and making Authentical a translation differing from the Original ) cannot be esteem'd the judgment and consent of the Catholic Church . 7th . Thesis . That since a National Synod may not define matters of Faith contrary to former Superior Councils , much less may any Secular Person define contrary to those Councils , or also to a National Synod . The defining matters of Faith we allow to be the proper office of the Clergy ; but because every one must give an account of his own Faith , every one is oblig'd to take care that what he submits to the belief of , be consistent with his Christianity : I am oblig'd to pay all submission to the Church-Autority , but the Church having bounds , within which she ought to be restrain'd in her Determinations , if she transgresses these Limits , and acts against that Christianity , which she professes to maintain , I may rather refuse obedience , then forseit my Christianity . If in a cause of this moment I make a wrong Judgment , I am answerable for it at Gods Tribunal , not because I usurped a right , which was never granted me , but because I misus'd a Liberty which was indulg'd me . This we take to be the case of each private Christian ; and farther , that the Prince having an Obligation not only to believe a-right , and Worship God ( as is praescrib'd ) himself , but also to protect the true Faith and Worship in his Dominions , ought to use all those means of discovering the Truth , which God has afforded , viz. consulting the Pastours of the Church , reading the word of God &c. And that , having discover'd it , He may promulgate it to His Subjects by them also to be embrac'd , but not without the use of that Judgment and Discretion which to them also is allowed . If here it happens that the Civil and Ecclesiastical power command things contrary , there is nothing to be done by the Subject but to enquire on which side God is ; and if God be on the King's side by a direct Law in the matter , He is not on the Churches side for her Spiritual Autority . Thus a good King of Israel might * take away the High places and Altars , and say unto Iudah and Ierusalem , Ye shall Worship before the Altar at Ierusalem , because such a Command was justifiable by the Law of Moses ; Nor is it any Praejudice against it , * That the Priests of the High places refus'd to come up to the Altar at Ierusalem . Thus might King Alfred restore to the Decalogue , and to its Obligation the Non tibi facies Deos aureos , tho' Veneration of Images was commanded by the second Nicene Synod . And tho' the Councils of Constance and Trent had thought fit to repeal Our Saviour's Institution , yet King Edward might revive the Ancient Statute , * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . As for his Eighth Thesis it has already been prov'd to be Felo de ●e , and that the limitation destroys whatever the Proposition would have establish●d . When the Gallican Church shall have receiv'd all the Decrees of the Council of Trent , and the Roman Church observed the Canons of the first General Councils , When the Western Patriarch shall have rechang'd his Regalia Petri into the old regulas Patrum ; it may then be seasonable to examine , How far National Churches are oblig'd by things of meer Ecclesiastical Constitution . I should now proceed to examine the Historical part of his Discourse ; but that I understand is already under the Consideration of another Hand , from which the Reader may shortly expect a satisfactory account . But I may not omit for the Reader 's diversion a Grammatical Criticism which our Author hath made upon the little particle as . It is enacted the 32d . Hen. 8. 26. c. That all such Determinations , Decrees , Definitions and Ordinances , as according to God's word , and Christ's Gospel shall at any time be set forth by the Arch-Bishops , Bishops , and Doctors in Divinity appointed by his Majesty , or else by the whole Clergy of England , in and upon the matters of Christ's Religion &c. shall be by all his Grace's Subjects fully Believ'd , Obey'd , &c. Vpon which he makes this learned Note . Whereas under the Reformation private Men are tied only to obey and believe the Definitions of Councils when they are set forth according to God's word . i. e. when private Men think them to be so , yet here this Liberty was thought fit to be restrain'd , and private men tyed to believe these Definitions when set forth as according to God's word . i. e. when the setters forth believe them to be so . To obey a thing defin'd according to God's word ; and to obey a thing defin'd , as being according to God's word , are Injunctions very different . Now a little skill in Honest Walker's particles would have clear'd this point , and a School-boy that was to turn this passage into Latin , would have known that as is put for which ; Accordingly Keble abridging this Statute makes it run thus , All Decrees and Ordinances which according to Gods word , &c. But this it is for people to meddle in Controversie at an Age when they have forgot their Grammar . Notwithstanding therefore this Aristarchus , We still retain the Liberty of believing and obeying only such things , which be defined according to God's Word . For which we are much blamed in the Conclusion of this Discourse . * In rejection of the Churche's Iudgment ( saith he ) let none think himself secure in relying on the Testimony of his Conscience or judgment . But what reason soever he may have to undervalue the Testimony of a good Conscience , we think it advisable from St. Paul , * to hold faith , and a good conscience which some having put away , concerning faith have made Ship-wrack ; Of whom are — But saith he , let none think himself secure in any of these things , so long as his Conscience witnesseth still to him this one thing , namely his Disobedience and Inconformity to the Church-Catholic . But our Consciences do not witness to us any disobedience to the Church-Catholic , but only to that Church which falsly praetends to be Catholic . He means to the Major part of the Guides thereof . But the cause has not yet been decided by Poll , that we should know which side has the Majority . Let him know that his Condition is very dangerous , when he maketh the Church-Guides of his own time , or the major part thereof , incommunicable-with in their external profession of Religion ; There was a time then , when to believe the Consubstantiality of the Son was a dangerous Condition ; and this perhaps made Pope Liberius externally to profess Arrianism . When for the maintaining of his Opinions he begins to distinguish and divide between the doctrine of the Scripture , and the Doctrine of the Church . But why not distinguish , where the Church her self distinguishes , and saith , Christ indeed in the Scriptures instituted so , but I institute otherwise ; as in the case of denying the Cup. Between the Doctrines of the Catholic Church of the former ages , and of the Catholic Church of the present . But here again the Church her self distinguishes , when She tells us that * licet in primitiva Ecclesia sub utraque specie Sacramentum reciperetur , Yet now the contrary Custom habenda est pro lege quam non licet reprobare . Between the Church's orthodoxness in Necessaries , and non-necessaries to Salvation . If there be no difference betwixt these , why doth a * Friend of the Author tell us of an Obedience of Assent in the one , but of Non-contradiction only in the other ? When he begins to maintain the Autority of an Inferior Ecclesiastical Iudge against a Superior . But what if this be only where the Inferior Judge agrees tho' not with his immediate Superior , yet with the Supreme ? Or of a minor part of the Church-Guides against a Major . But that is not a case yet fairly decided . When they grant that God hath given them , beside the Scriptures , guides of their Faith. But those Guides themselves to be guided by the Scripture . And that they have in their judgment departed from those Guides . i. e. the major part of them . But this we would have prov'd . Which in a Court consisting of many is the legall Iudge . Guides and Judges are different things ; but we hope when this Court sits , the Judges will consult the Scripture , the Statute they are to go by , and if they judge according to that , they will judge well . These are the Doctrines of blind-Obedience which this Author so studiously inculcates . For since Doctrines are taught us different from Scripture , we are advis'd to use another way of discerning Doctrines , then what the Gospel prescribes . Our Saviour bids us , * Beware of the leaven . i. e. the doctrine of Pharisee's , tho' sitting in Moses his Chair . We are now advis'd to embrace all the doctrines of those that sit in the Chair of S. Peter . Christ bids us , * Take heed that no man deceive us tho' coming in his Name . We are now told that they who come to us in the Name of Christ cannot deceive us . St. Paul saith , * that If an Angel from Heaven preach to us any other Doctrine then that which he preach'd , Let him be accurs'd . Now , if we do not embrace whatever a Patriarch from the West preaches , tho' never so contrary to the Gospel , we are concluded under an Anathema . The Apostles tell us , that they * have no Dominion over our Faith ; but their Successors exercise a Despotic power in requiring a servile Obedience to all their Dictates . S. Paul's practise was to * withstand Peter to the face , When he saw that he walk'd not uprightly according to the truth of the Gospel ; but St. Peter's Successor pleads that in no case he may be withstood , because it is impossible , but that he should walk uprightly in the truth of the Gospel . The inspir'd Divine bids us * Come out of Babylon , that we may not partake of her Sins ; Our modern Theologists advise us to come back into * Babylon , for that She only is impeccable . FINIS Notes, typically marginal, from the original text Notes for div A60381-e360 pag. 21● §. 117. §. 118. pag 2. §. 2. pag. 140. §. 123. §. 5. p. 12. §. 7. p. 14. §. 28. p. 36. §. 16. p. 20. * See Sidney's Trial. * Episcopacy not prejud . to Reg power . p 22 * Cura principum Christianorum olim non solum Haereticorum ●uroros compressi , contumacia Episcoporum aut Clericorum adversus Synodorum sententias rebellium ab externa potentia repressa ; sed etiam Principum studio prohibiti Episcopi ne legibus secularibus vel Canonibus violatis injuriam subditis inferrent De concord . l. 4. cap. 1. par . 2. * Canonum custodiae duobu● modis prospiciebant Principes , tum delegatione Magistratuum , qui ve●arent ne quid contra Canones tentareture , tum exactis poenis à contumacibus si quid perperam gestum effect . ●b par 4. * In manifestissima violatione , canonibus factam injuriam iis poenis Principes ulsciscebantur , quae legibus irrogatae erant , nempe expulsione à sede . Deturbationem enim illam quae vacantem Ecclesiam redderet sui arbitrii esse putabant ; non autem regradationem vel dejectionem ab Episcopali dignitate , quae erat poena mere Ecclesiastica . Ib. par . 6. * Ibid. * Hist. of Eccl , Rev by a Learned Priest in France . p. 116. * Le Rois tres-Chrestiens ont de tout temps selon les occurrences & necessitez de leur pays , assemblè o● fait assembler Synodes o● Conciles Provinciaux & Nationaux , esquels entre autres choses importantes à conservation de leur estat , se sont aussi traitezles a●faires concernans l'ordre & discipline Ecclesiastique de leurs pays , dont ils ont saict faire Reigles , Chapitres , Loix , Ordonnances , & Pragmatiques Sanctions sou● leur Nom & autoritè : & s●en lisent encor aujourd huy plusieurs ès recueils des ecrets receus par● Eglise Universelle , & aucunes approuvees par Conciciles generaux . * Le Papen envoy point en France Legates à latere avec faculte de re●ormer , juger , conferer , dispenser , & telles autres qui ont accoustumè d'estre specifiees par les Bulles de leur pouvoir , si non a lá postulation du Roy tres-Christien ou de son consentement : & le Legat n' use de ses facultez qu' apres avoir baillè promesse au Roy par escrit sous son sein , & jurè par ses Sainctes Ordres de n'user desdites facultez e's Royaume , pays , tertes & Seigneuries de sa suje●tion si non tant & si longuement qu'il plaira au Roy ; & que si cost que le dir Legat sera adverty de sa volonte ' au contraire , ils'en desistera & cessera Aussi qu'il n'usera des dites facultez si non pour le regard de celles dont il aura le consentement du Roy & conformement à iceluy sans entreprendre ny faire chose au saincts decrets Conciles generaux , Franchi●es , Libertez , & Privileges de L'Eglise Gallicane & des Universitez , & estatez publiques de ce Royaume . Et à cette fin se presentent les facultez de tels Legats a la Cour de Parlement , ou elles sont veus , examinees , verifiees , publiees & registrees sous telles modifications que la Cour voit estre à fair pour le bien du Royaume : suivant lesqnelles modifications se jugent tous les process & differents qui surviennent pour rai●on de ce , & non autrement . * De Conc , l 6. c● 34. par . 2. Nunquam discedere oportet ab hac certis●ima Regula , deliberationes Ec●lesiae Gallica●ae considerari non posse a●●ter quam vel●t conssilium Regi datum , ●asque execu●ioni non posse ma●dari absque consensu & confirmatione ej●s * Tanquam caput , comme Chef Ibid. * An ex ●o quod ●uprema Canonum pro●ectio ad Regem pertiner , sequatur cum jubere posse ut observenture , non expectata etiam senten●ia Ecclesiae Gallica●ae . * Certum quidem est carum constitutionum obseruationum sore sanctiorem , si conderentur cum generali Cleri consensu ; quoniam unusquisque ●am rem obtinere modis omnibus cupit quam ipso suo judicio comprobaverit . N●hilominus aeque certum est Regem ex sententia Concili● sui , quod auget aut minuit prout ei luber , posse latis edictis decernere ut ●ano●es observenture , ac circumstantias & modos necessarios addere ad saciliorem eorum executionem , sive etiam ad veram eorum mentem explicandam , eolque accommodare ad utilitatem Regni lib. 6. c. 36. par . 1. * Utuntur adhuc eo jure Reges Christianissimi . ●b par . 3. * Collect. Const●tut . Imperial . T. 3. p. 373 Pi● quarti imperium de●ractamus , quaecunque sint ejus judicia & sentenciae rejicin●us , respui●●us , & contemnimus . Et quanquam , Pures Sanctissimi , vestra omnium Religio , Vita , & eruditio magnae apud Nos semper suerit & erit Autoritatis , cum tamen nihil ● vobis● sed omnia magis Romae , quam Tridenti agantur , & quae hic publicantur magis P●● Quarti placita , quam Conci●ii Tridentini decreta jure aestimentur , denunciamus & protest amur quaecunque in hoc conventu , hoc est , solo Pii nutu & voluntate ●ecernuntur & publicantur ea neque Regem Christianishmum probat●rum● nequ● Ecclesiam Gadicanam pro de●reto O●cumenici Concilii habituram . Interea quo●quot estis Galliae Archiepiscopi , Episcopi , Abbates , Doctores , Theologi , Vos omnes hinc abire Rex Christianissimus jubet , redituros ut primum l●eus Optimus Maximus Ecclesi●e Catholic in General 〈◊〉 Counciliis antiquam sormam & libert●tem restituerit , Regiautem Christianissimo suam digni atom & Majestatem . * Spelm. Conc. p. 1●8 . * Spelm. A. C. 601. * Inauditum in regno suo esse & usibus ejus omnino contrarium , quemlibet de Principibus & praecipue Te tale quid praesumere , Eadm . p. 39. 30. * Quod per Angllam auditum in admirationem omnibus veni● , Inaudi●um scilicet in Britannia cuncti scientes quemlibet hominum super se vices . postolicas gerere nisi solum Archiepiscop●m Cantuariae . Ead. p. 58. 41. * Quapropter sicut venit , ita reversus est à Nemine pro Legaro susceptus , nec in aliquo Legati officio sunctus . Ibid. * Ger Dorob . Coll. Hist. Angl. 1663. 24. Col. 1615. 60. * Episcopi Angliae suffraganei Sancti Thomae literis ejusdem sui rchiepiscopi Apostolica legatione fungentis exagitati , resilientes , haud ( ut par erat ) parere mandatis . salubres admon●tiones ●uscipere , Catholicae Ecclesiae u●i●●tati consulere , vendicantes ea●● à ●●iserrima servitute studuerunt , sed ex adverso oppositi pro Rege contra ipsum ser●ptis , verbis , sactisque repugnant , ac tantum abest ut ( quod eorum muae●i erat , ad quod & suis cos literis exci●averat ipse Sanctus ) adversus Regein pro Ecclesia starent , redarguerent , & comminarentur ; ostentantes qu●e in arcu sagittae paratae era●t ad ferie●dum . censuras nimirum Ecclesiasticas ab Ecclesia ●omana Apostolico vigore prodeuntes , ut potius adversus ●undem pro Ecclesiae libertate pugnantem Sanctissimum Virum bella cierent , telis oppe●erent jurgiorum , in scandalum omnium ista audientium Episcoporum Orthodoxorum . B. r. An. A. C. 1167. * Quid aliud hic Henricus secundus t●cte postulavit , quam quod Henricus Octavus completa jam malitia apert●u surpavit , nempe ut supremum Ecclesiae caput in Anglia esset ? * Quid hoc est aliud , nisi ut Rex Angliae sit apud ●uos Pap ? * Cokes Inst. l. 4. c. ●4 . * 1. Eliz. c. 1. * Tw●sd c. 5. par . 2. * Chap. 5 par . ●4 . c. 6. par . 8. * Vobis & posteris vestris Regibus Angliae committimus advocationem ejusdem loci , & omnium totius Angliae Ecclesiarum , & ut vice nostra cum Concilio Episcoporum statuatis ubique quae j'usta sunt . * 1 Pet. II. 13. * Rom. XIII . 1. * In hoc Reges , sicut eis divinitus praecipitur , Deo serviunt in quantum Reges sunt , si in Regno suo bona jubeant , mala prohibeant , non solum quae pertinent ad humanam societatem , verum etiamu quae pertinent ad divinam Religionem . Aug. contra Crescon . 1. 3. c. 51. * Hae leges hactenus observationem merentur , quod ex iis . constat , etiam illis temporibus , Reges Saxonicos Alfredum & Edvardum sensisse se Suprematum habere tam in Ecclesiasticos , quam in Laicos , neque Ecclesiam , quae in ipsorum ditione esset , esse quid peregrinum , vel Principi alicui extraneo subditam , domi autem Civitatis legibus solutam , quod Anselmus , Beckettus , aliique deinceps insecuti acriter contenderunt . Vita Alfr. lib. 2. par . 12. * Exipsius ( Alfredi : legibus constat vel Suprematum illum Romanum ist is quidem temporibus nondum eo modo ; quo posterioribus saeculis , sase extulisse , scilicet ut Christiani Principes angustius reg●arent ; vel si eatenus pertigerit , non tamen eo usque se ei adjeci sse Alfred . lb. * Rex viam ingressus est , qua universali isti Imperio , quod crassis temporibus recens extruxerant ( Pontificii ) & absolvere deproperarant , ruinam & excrdium minaretur . l. 3. par . 98. * Neque hoc sane penitus omittendum , videtur , quod inter Decalogum recitandum secundum quidem Praeceptum de sculptilibus non faciendis ex usu secundi Concilii Niceni ante centum annos celobrati suo loco plane praetermissum est . Veruntamen ut ex ipso Sanctorum Bibliorum contextu quod deest suppleretur , post decimum quod dicimus mandatum aliud insuper ad justum Numerum absolvendum , adjicitur . Non tibi facies Deos aureos . Quod , cum ab ipso Rege subjungitur , Ecclesiam jam tum corrupti dogmatis arguit , rectae autem confessionis Regi testimonium perhibet . l. 2. par . 5. * Errores ( Authoris ) retinuimus , & perperam scripta medicari potius , quam tollere maluimus . * Ref , Justif. p. J. C. 2. * Quatenus inclytissimorum progenitorum & antecessorum vestrorum laudabilia vestigia gratiose considerantes dignetur vestra ●egia celsitudo pro conservatione dictae Ecclesiae Anglicanae ad Deilaudem &c : super novitatibus & excessibus praedictis in praesenti Parliamento providere de remedio opportuno Tw . c. 5. par . 19. * lbid . * Cokes Instit. l. 3. S. 648. Ep. * Consid. concerning Luther §. 48. p. 90. §. 3. p 4. §. 5. p. 12. §. 8. p. 16. §. 14. p. 18. §. 22. p. 29. §. 27. p. 36. §. 25. p. 31. §. 26. lb. § 34. p. 39. §. 43. p. 56. §. 166. p. 187. §. 185. p. 214. * Art. 37. * Sparrow's Collection pag. 83. Lond. 1684. pag. 36 pag. 99. p 240. * Heylins Ref. Justified , part . 1. §. 6. * Burn Ref. ● . 3. p. 182. * Convocatis undique dictae Academiae Theologis , habitoque complurium biorum spatio ac deliberandi tempore sasatis ampl● , quo interim cum omni qua potuimus diligentia , Justitiae ●elo , religione & conscientia incorrupta perscruta remur tam Sacrae Scripturae libros quam super iisdem approbatissimo's Interpretes , & eos quidem saepe & saepius a ●obis evolutos , & exactissime collatos , repetitos , & examinatos , deinde & disputationibus solennibus palam ac publice habitis & celebratis tandem in hanc Sententiam unanimiter omnes convenimus ac concordes fuimus viz. Romanum Episcopum majorem aliquam Jurisdictionem non habere sibi a Deo collatam in sacra Scriptura in hoc Regno Angliae quam alium quemvis Episcopum . Antiq. Oxon lib. 1. pag. 259. * Ref. 1. 2. p. 142. Pag. 2. §. 2. * Ibid. p. 137. * Ibid. p. 144. * Book of Educ● Ox. 1677 p. 86. a In ●●s , quae Exterioris politiae sunt , ut praecipiat , suo sibi jure vindicat , Tort , p. ●80 . b Custos est non modo secundae Tabulae , sed & primae . p. 381. c Quodcunque in rebus Religionis Reges Israel fecetunt , id ut Ei faciendi jus sit ac potestas . Ib. d Leges Autoritate Regia ferendi , ne blasphemetur Deus , ut jejunio placetur Deus ; ut festo honoretur . Ib. e Delegandi qui de lege sic lata judicent Ib. f Siqui in Leges ita latas committant , ●tsi , Religionis causa sit , in eos Autoritate Regia an●madvertendi Ib. g Non ut totus ab alieno ore pendeat , ipse à se nihil dijudicet . Ib. h Omnibus omnium ordinum jus dicendi . Ib. i Abiathar ipsum , si ita meruit , Pontificatu abdicandi . 382. k Excelsa diruendi . i. e. peregrinum cultum abolendi . Ib. l Sive in Idololatriam abeat Vitulus aureus ; sive in Superstitionem Serpens aeneus , utrumque comminuendi . Ib. m Haec Primatus apud nos jura sunt , ex jure divino . Ib. n Pag. 13. o Jurisd , Reg. Ep. p. 137. p Id. p. 10. q Epilog . pag. 391. r Church Government , pag. 390. s Church Government , pag. 391. t Ductor Dub. 1. 3. c. 3. r. 4. u Ibid. r. 5. x Ibid. r. 7. y Ibid. r. 7. n. 9. z Ibid. r. 8. a Ibid. r. 8. n. 6. b Ibid. 1. 3. c. 4. r. 8. c Bp. Br. Works Tom. 1. p. 88. d Ibid. p. 76. * Educ . p. 98. e Ibid. p. 156. f F. I. K. B 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Adv. to the Pr. of Wales . g Ibid. cap. 17. h Adv. to the Pr. of Wales . i Serm. of the right of Assemblies . a Field of the Church . 1. 5 C. 52. b Soave Hist. of Conc. Tr. pag. 77. pag. 37. pag. 70. * Burn. His. Ref. part . 2. I. 1. p. 127. 165. Ibid. p. 127. a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Can. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Can. 7. Here the Council decrees that Ancient Customs should prevail ; that the Priviledges of all Churches in their distinct Provinces should be kept inviolable . We desire the Bishop of Rome's Patriarchate over the Britannic Churches should be prov'd to be an Antient Custom ; and if not that the Priviledges of these Churches may be preserv'd . b The Fathers of the Ephesine Council having decreed that the Cyprian Prelates should hold their rights untouch●d and unviolated , according to the Canons of the Holy Fathers , and the Ancient Customs , Ordaining their own Bishops , and that the Bishop of Antioch who then pretended Jurisdiction over them , ( as the Bishop of Rome now doth over us ) should be excluded , add farther . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. Cone . Eph. Can. 8. Let the same be observ'd in other Diocesses , and all Provinces every where , That no Bishop occupy any other Province , which formerly and from the beginning was not under the power of him or his Predecessors . If any do occupy any Province , or subject it by force , let him restore it . Now we plead the Cyprian Priviledges , and desire we may be exempted from the Jurisdiction of the Bishop of Rome till it is prov'd that He or His Predecessors did from the Beginning exercise any power in these Churches . c Ep. 54. d True Dif . part . 2. * Petr. de Marc. l. 6. c. 25. §. 8. * Marca de Conc. Imp. & Sac. cap. 8. * 1 King. c. 2. v. 35. * 2 Chr. 19. 11● . * v. 8. * Hos. 4. 15. * 2 King. c. 17. v. 9. pag 26. * Sch c 7. §. 5. * Bp. Br. Wor. Tom. 1. p. 360. ●p . 142. * Educ . p. 119. * Soave Hist● Conc. Tr. p. 153. * 2 King. 38. 22. * 2 King. 23. 9. * Mat. 26. 27. pag. 38. * p. 260. * 1 Tim. c. 1. v. 19. * Conc. Const. Sess. 13. * Guide in Controv. Disc. 1. c. 6. par . 56. * Mat. 16. 6. 12. * Mat. 24. 4. * Gal. 1. 8. * 2 Cor. 1. 24. * Gal. 2. 11. 14. * Rev. 18. 4. * Babylonia apud Joannem Romanae ●rbis figura est . Tertuladv . Marc. I. 3. c. 13. Roma quasi secunda Babylon●a est . Aug. de Civit● De● . I. 18. c. 2.