A defence of the vindication of the deprived bishops wherein the case of Abiathar is particularly considered, and the invalidity of lay-deprivations is further proved, from the doctrine received under the Old Testament, continued in the first ages of christianity, and from our own fundamental laws, in a reply to Dr. Hody and another author : to which is annexed, the doctrine of the church of England, concerning the independency of the clergy on the lay-power, as to those rights of theirs which are purely spiritual, reconciled with our oath of supremancy, and the lay-deprivations of the popish bishops in the beginning of the reformation / by the author of the Vindication of the deprived bishops. Dodwell, Henry, 1641-1711. 1695 Approx. 412 KB of XML-encoded text transcribed from 60 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). 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A36241) Transcribed from: (Early English Books Online ; image set 49601) Images scanned from microfilm: (Early English books, 1641-1700 ; 529:8) A defence of the vindication of the deprived bishops wherein the case of Abiathar is particularly considered, and the invalidity of lay-deprivations is further proved, from the doctrine received under the Old Testament, continued in the first ages of christianity, and from our own fundamental laws, in a reply to Dr. Hody and another author : to which is annexed, the doctrine of the church of England, concerning the independency of the clergy on the lay-power, as to those rights of theirs which are purely spiritual, reconciled with our oath of supremancy, and the lay-deprivations of the popish bishops in the beginning of the reformation / by the author of the Vindication of the deprived bishops. Dodwell, Henry, 1641-1711. [6], 111 p. [s.n.], London : 1695. Attributed to Henry Dodwell. Cf. DNB. 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Hody, Humphrey, 1659-1707. -- Case of sees vacant by an unjust or uncanonical deprivation. Welchman, Edward, 1665-1739. -- Defence of the Church of England. Church of England -- Bishops -- Early works to 1800. Nonjurors -- Early works to 1800. Bishops -- England -- Early works to 1800. Dissenters, Religious -- Legal status, laws, etc. -- England -- Early works to 1800. 2005-04 TCP Assigned for keying and markup 2005-05 Apex CoVantage Keyed and coded from ProQuest page images 2005-06 Judith Siefring Sampled and proofread 2005-06 Judith Siefring Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion A DEFENCE OF THE VINDICATION OF THE Deprived Bishops . Wherein The Case of Abiathar is particularly considered , and the Invaliditly of Lay-Deprivations is further proved , from the Doctrine received under the Old Testament , continued in the first Ages of Christianity , and from our own Fundamental Laws . IN A REPLY to Dr. Hody and another Author . To which is Annexed , The Doctrine of the Church of England , concerning the Independency of the Clergy on the Lay-Power , as to those Rights of theirs which are purely Spiritual , reconciled with our Oath of supremacy , and the Lay-Deprivations of the Popish Bishops in the beginning of the Reformation . By the Author of the Vindication of the Deprived Bishops . LONDON , Printed MDCXCV . THE CONTENTS . § I. THE Doctor 's late Book no answer to the Vindication . Page 1 § II. The Baroccian M. S. disproved by the Vindicator , and not defended by the Doctor P. 2. § III. The Doctor has not offered , at any Answer to the Argument against him in the first part of the Vindication . P. 3. § IV. He grants the Proposition principally disputed between us , concerning the Invalidity of Lay-deprivations , and takes no care to prevent the Consequences of that Confession P. 4 § V. The Doctor gains nothing by his changing the State of the Question ▪ P. 4. § VI. The Doctor 's whole Proof unconclusive , admitting the invalidity of Lay-deprivations . P. 5. § VII . The Doctor 's Limitation of his own pretended self-evident maxims do all of them prove our Case unconcerned in it . Chap. I P. 6. § VIII . Submission of Subjects to the Ecclesiastical Usurpers is sinful by the Law of God. P. 7. § IX . Such submissions would make the Ecclesiastical Subjects , Accomplices in the Injustice . P. 9. § X. The same Submission in the Clergy is sinful , on account of the Oaths of Canonical obedience they have taken to the rightful Possession . P. 10. § XI . Our Principles afford better Reasons why the unjust Deprivations of Synods may be received without the Deprived Bishops consent , than those insisted on by the Doctor . P. 12. § XII . There is great disparity between the obligations of a competent and an incompetent Authority . P. 13. § XIII . No reason to reckon on the presumed consent of the Injured Bishops by an invalid deprivation , for discharging their Subjects Consciences , from Duty to them . P. 14. § XIV . Our Deprived Fathers gives publick Significations , that they do challenge their Old Rights , as far as is necessary in their circumstances . P. 15. § XV. The Oaths of canonical Obedience to our Fathers still obliging . P. 17. § XVI . The complyance with Usurpers is also therefore sinful , because Usurping Bishops are really no Bishops at all . P. 20. § XVII . The evil of Sin and Scandal in complying , greater than that of Persecution which is avoided by it . P. 22. § XVIII . The Evill of Schism not avoided , but incurred by complying with the Usurper P. 24. § XIX . The abuses that may follow on compliance , are a just reason to refuse it , where it is not otherwise in Conscience due . P. 25. § XX. No security that have compliance will not be abused . P. 26. § XXI . That abuse is a greater mischief , than , that it can be made amends for by the Doctor 's expedients . P. 29. § XXII . The main design of the Doctor 's New Book , in arguing from Facts already overthrown by the Vindicator . P. 32. § XXIII . The Doctor himself is unwilling to stand by the consequences of such Facts as himself produces . P. 33. § XXIV . The Doctor 's remarks against the reasoning of the first part of the Vindication concerning the possession of Cornelius , turned against himself . P. 33. § XXV . The Doctor 's Book afforded no Subject for a Reply , but what would be Personal . P. 35. § XXVI . The Doctor 's turning the dispute , to later Facts draws it from a short and Decisive , to a tedious and litigious Issue . P. 35. § XXVII . We have no reason to suffer our selves to be overruled by him in these Arts of diverting us . P. 36. § XXVIII . We decline his Topick of Facts rather because it is undecisive , than because we think it dis , advantagious to us . P. 36. § XXIX . For want of some other Subject relating to the Vindication , we pitch on the Case of Abiathar . P. 37. § XXX . This Fact is not commended in the Scripturs as a Precedent . P. 37. § XXXI . The Magistrate could not by the Doctrine of that Age have any direct Power over the Priest-hood . P. 38. § XXXII . The Benefits of the Priest-hood out of the Power , and far greater than any in the Power , of the Civil Magistrate P. 39. § XXXIII . The Ancient Jews , of the Apostle's Age did believe their Priest-hood available to a future and eternal State. P. 40. § XXXIV . And consequently did expressly own it far more Honourable than the Magistracy its self . P. 42. § XXXV , This same reasoning holds on account of the Priest-hood representing God tho' without relation to a future State. P. 45. § XXXVI . And that also according to the opinions of those Times . P. 46. § XXXVII . Solomon's Act of Abiathar was only of force , P. 47. § XXXVIII . Which force might in the consequence render the exercise of his Right unpracticable . P. 48. § XXXIX . Yet Solomon was in Conscience obliged to be cautious in exercising this Force against the Priest-hood . P. 49 § XL. What Solomon did was only to fulfil , what God has before Threatned against the House of Eli. P. 51. § XLI . Abiathar was not then the High-Priest , properly so called , but Zadoc . P. 53. § XLII . There were in those times two High-Priest at once ; the chief , such as Zadoc was , of the Family of Eleazar , the lower such as Abiathar , of the Family of Ithamar . P. 54. § XLIII . No Deprivation of the Posterity of Phineas in those Times . P. 56. § XLIV . Zadoc put in the room of Abiathar , as to the Courses of Ithamar , which were not under him before . P. 58. § XLV . The Jews by our Principles could not justifie a Separation , on account of Abiathar . Their Case not like ours . P. 59 § XLVI . When Invasion had passed into a Prescription , as in our Saviours time , he that was in Possession had really the best Title . P. 60. § XLVII . Among the Jews the true High-Priest was to be known by his possessing the One Altar : Among the Christians the true Altar was known by its being possessed by the true Bishop . P. 62. § XLVIII . The Reasons for exemption from the Power of the Prince stronger in our deprived Fathers Case , than in the Case of Abiathar . Our Bishops are properly Priests P. 64. § XLIX . The Gospel Priest-hood more noble than that of Abiathar , &c. P. 66. § L. This Reasoning admitted in the Apostolical Age , &c. by Clemens Romanus , &c. P. 68. § LI. He does it by the same Principles , as agreable to the Constitution of the Gospel . P. 70. § LII . He draws the like Inferences , in Practice as we do . P. 72. § LIII . The Laity cannot now pretend to any indirect Right of depriving Bishops , as the Jewish Princes could in the Case of the Jewish Priest-hood . P. 75. § LIV. Our Reasoning against the Magistrates Rights of deprivation in Spirituals proceeds universally , and therefore in the Case of temporal Crimes ; also the owning such a Power would have been pernitious to the Primitive Christians also , whowere charg de with Temporal Crimes . P. 77. § LV. The Spiritual Rights of our Fathers have been now invaded by Civil Force . Bare Characters without Districts not sufficient to preserve the Church as a Body . P. 79. § LVI . Supposing the Church and Christian State had made one Body , ret more had been required to make that Supposition applicable to our present Case , which is not yet taken notice of . P. 82. § LVII . The Prince on account of his being a Christian , has no Title to any Spiritual Authority . P. 83. § LVIII . A whole Nation by Baptism may be made one Society in the Church , without prejudice to their being still a Society distinct from it . P. 85. § LIX . The Churches Obligations are more necessary for the subsisting of the State , than these she receives from the State are for hers . P. 87. § LX. The Benefits received by the State from the Church , are also greater then those which the Church receives from the State. P. 89. § LXI . If the State had been capable of conferring the greater Obligations , yet a good Pious Magistrate could not in reason , desire such a recompence as should oblige the Church to yeild any of her ancient Rights . P. 90. § LXII . Princes have been allowed by the Church a Right to keep persons out , not yet Canonically possessed , but not to turn any out , who were already in Possession of Bishopricks . And that without any proper Cession of Right on the Church's part . P. 92. § LXIII . The Power of turning out Bishops once possessed too great to be granted on any consideration whatsoever . P. 94. § LXIV . In this Case particularly no Temporal Favour whatsoever can make amends for the loss of the Benefits of the Spiritual Society . There can therefore be no implicite Contracts for such an Exchange that can in Equity oblige the Ecclesiastical Governours to performance , tho' it had been in their Power to make such a Contract . P. 96. § LXV . But here it is not in the Power of Ecclesiastical Governours to make such a Contract . P. 98. § LXVI . It is not agreable to the mind of God ; that the Church should so incorporate with the State , as that the Bishops should be deprivable at the pleasure of the Civil Magistrate P. 100. § LXVII . The Magistate is by no means a Competent Judge of the Church's Interests . P. 102. LXVIII . The Surrender of the Clergy in Henry the VIIIths . time , cannot oblige their Posterity now LXIX . No reasoning from the rights of the Jewish Princes to the Rights of Christian Princes now . § LXX . Our present deprivations not justifiable by even our present Secular Laws . P. 107. § LXXI . The Conclusion . P. 110. A DEFENCE OF THE VINDICATION OF THE Deprived Bishops . § I. The Doctor 's late Book , no Answer to the Vindication . WHAT the Vindicator thinks of the Answers that have been made to his Defence of our Deprived Fathers , himself best knows . For my part , I should not have concerned my self for him , if I had not been over-rul'd by the Judgments of others , for whom I profess a Veneration , rather than my own . I have that due esteem for his Adversaries , which their excellent Abilities deserve , particularly for Dr. Hody . His diligence in History none questions that I know of . I also value his Skill and Judgment in it , much more than many who are concern'd on his side of the Question here debated . Nor do I deny but several things are very well observed by him in this very Work I am now considering at present ; though I think it more hastily and tumultuarily laid together than several of his other Writings . The only thing that made me think a Reply needless , was that in all the Learning he has shewn , I could find nothing that I thought any indifferent Person could think proper for satisfying Conscience in the single point here in Question , nothing that could give me the least reason to doubt of the Arguments principally insisted on by the Vindicator . For other things not relating to that , I thought our candid Adversaries themselves would excuse us when they considered the Disadvantages on our side , the Difficulties of the Press , the Displeasure of our pretended Superiors , much more considerable than any Argument that I could find produced either by him or any other Adversary . § II. The Baroccian M S , disproved by the Vindicator , and not defended by the Doctor . So far I am from trusting my own Opinion in this matter , that I would gladly know some particular of the Doctor 's Book , that even our Adversaries , who are so clamorous for a Reply , think sufficient to excuse their Schism against the Charge of the Vindicator . His Baroccain M S has already been proved impertinent to our present Dispute . The Vindicator has shewn that the occasion of his writing did not oblige his Author to defend the validity of Lay-deprivations ; he might have added , that his Author himself was not ignorant , that Synods did intervene in several of his Instances , which must have made so many of them perfectly impertinent to his design , if that had been to vindicate the Validity of Lay deprivations . That is not all : The Vindicator has also shewn from the Canons subjoyned at the end , and suppressed by the Doctor , that the Author could not design the Defence of Lay Deprivations . Nor has the Doctor offered at any thing that might shew such a Design consistent with those Canons , or the Author's Subjection to them . Yet those Canons alone are decisive to our purpose , both as to the sense of the Constantinoplitane Church , and of that Author as a Member of it , whether they were part of his Work or not ; concerning which , the Impartial Reader is to judge whether what the Doctor has said , be sufficient to purge his wilful suppressing them . The Vindicator has also shewn the Author not only remoteness from , but ignorance of the times he writes of . Nor has the Doctor proved , or pretended any thing to the contrary . Nay , even of the Facts enumerated by him , there are but few that the Doctor has thought fit , on second thoughts , to assert independently on his Authority . It cannot therefore be on this account , of vindicating his M S , that any Impartial Reader can judge the Doctor 's performance to be a just Reply to the Vindicatoin § III. He has not offered at any Answer to the Arguments against him in the first part of the Vindication . But whatever becomes of the so boasted M. S , a Conscientious Person , who was only sollicitous for Truth , not Victory , will easily excuse the Doctor , if he had at least been pleas'd to clear our present Case , relating to the Lay-deprivation of our Holy Fathers , and the Schism that necessarily follow'd upon it . Yet even here I could find nothing that could pass for Answer , with an indifferent Conscientious Arbitrator . Facts without Right , none can think proper for satisfying Conscience ; yet this is all which is so much as pretended in this Book . The whole Question of the * Magistrates Right , for doing what has been done , is reserved for another Book . And then I thought it seasonable enough to Reply , when a Question was debated , that did indeed concern our Consciences . So far his Book is from being a just Answer , as to the proving what himself asserts . But for that also , we can wait his Leisure , if the Doctor had been pleased in the mean time , at least , to weaken what had been produced for our Cause by the Vindicator . We would gladly have been excused from the Violence we have offered our selves , in forbearing their Communion , and we should have thought our selves obliged to him for it , if he had cleared what was objected to the contrary in that very Book which he pretends to Answer ; if he had shewn , that notwithstanding what is there objected , we might still continue in their Communion , with safety to our Souls , and consistency to the discharge of a good Conscience . What we had to say on this point , was professedly insisted on in the former part of the Vindication . This ought in the first place to have been considered by him , if he had regarded our Consciences , as that which was necessary to dispose us for considering his other Proofs or Answers . But in vain we have expected it . He does not so much as pretend to consider that first Part in his whole Book . How then can any unprejudiced Judge take the Doctor 's Book for an Answer to the Vindication ? He also grants the Proposition principally disputed between Us concerning the Invalidity of Lay-deprivations , and takes no care to prevent the Consequences of that Confession . That is not all : He also grants that which the Vindicator designed in that place principally to prove , the * invalidity of Lay-deprivations . This concession the Vindicator has drawn into its just Consequences , that then the deprived Bishops must still be Bishops , and Bishops of the same Jurisdictions , and retain their Right to their Subjects Obedience in their several respective Jurisdictions , as much ( with regard to Conscience ) as if such depriving Sentences had nevre been decreed . None can doubt , who knows what invalidity imports , but that invalid Censures , leave Cases exactly in the same condition as to Conscience , in which they find them : That therefore as it would have been Schismatical to have set up Altars and Anti-Bishops in the same districts against our H. Fathers , in case the depriving Act had never passed , on the same account it is so still , in case the deprivation proves invalid . That , as in that Case , that the depriving Act had not passed , communicating with the Schismatical Altars , had involved the Bishops and Churches that had been guilty of it , in the same Schism with the principal and original Schismaticks ; so also it must , by the same parity of Reason , do so now , invalid Sentences not being capable of making a disparity . Now what can any one preteud , that has been suggested by the Doctor for securing himself against these just Inferences , from so unwary a Concession ? For my part , I can find no place where he does so much as offer at it . Where then can be his Answer , if even himself grants all that we are concerned to assert in the Question principally disputed between us ? § V. The Doctor gains nothing by his changing the state of the Qustion . This being so , what advantage can the Doctor propose to himself , by changing the state of our present Question , from a Dispute concerning the Magistrates † Right of Deprivation , to another concerning the Lawfulness of Submission in the Ecclesiastical Subjests , to the Invaders and Intruders ? I grant indeed , that these Two Questions are not directly the same . But it is abundantly sufficient to the Vindicators purpose , if the disproof of the Magistrates Rights , do by necessary consequence infer the Unlawfulness of Submission in the Subjects to the Invaders of Ecclesiastical Districts , not otherwise vacated than by such Lay-deprivations . And this it does by the inferences now mentioned . Invalid Deprivations leave as much right in Conscience as they found , and therefore as much obligation to Duty in the Subjects . The Subjects therefore still owing duty to the invalidly Deprived Bishops , must be guilty of Sin , if they pay the same duty to their Rivals : And for committing Sin , the Doctor does not , nay , dares not own , even an Irresistible force to be sufficient . If he should , I know none of his mind , besides the old Gnostik and Elcesaite Hereticks . Thus pertinent it is to disprove the Magistrates Right of deprivation , in order to the disproving the Lawfulness of Submission in the Ecclasiastical Subjects , on the pretence of Irresistible force . § VI. The Doctor 's whole Proof unconclusive , admitting the Invalidity of Lay-deprivations . But the Doctor pretends that it was neither the design of the Author of his Baroccian M. S. in writing it , nor his own in publishing it , to prove the Right of the Lay Magistrate for Spiritual De privations I easily agree with him , that it was not the design of the Author of this M. S. And I shall as easily excuse him from designing it , if it be consistent with the exigency of his Cause which engaged him to the publication . But can he deny at least , that his design in publishing it , was to purge his party from the guilt of the present Schism ? Can he deny that in order hereunto , his design was to prove the Lawfulness of Submission in the Subjects of the deprived destricts to the Ecclesiastical Intruders ? His own words in these particulars are too manifest to leave him to the liberty of denying them . Let him then try his skill , wether he can from this M. S. or from any thing offered in his Book , prove the Lawfulness of such Submission in the Ecclesiastical Subjects on the Supposal now mentioned , of the Invalidity of Lay deprivations . If he can , he may then indeed , but not till then , call the disproof of the Magistrates Right for Spiritual deprivation , and the consequent proof of the Invalidity of such deprivations , when attempted impertinent to his design in publishing his M S. But how will he undertake to do this ? Does he think the Facts alone , either of his M. S. or his Book , sufficient for this purpose , supposing them such as he is concerned they should be , instances of Submission , upon Lay , or otherwise Invalid deprivations , to Usurpers of the vacated Thrones ? Dare he stand by the consequence , that a like enumeration of as many Facts in as large a distance of the like times , is sufficient to prove the Practice allowable , nay , exemplary , to succeeding Generations ? If he dare not , he must think of some other way of proving them well done , than barely this , that they were done . This will reduce him , whether he will or no , to the merit of the cause . And how is it possible for him to prove Submission to the Usurper lawful and unsinful , till the Subjects be first fairly discharged from their duty to the first Incumbent ? How can he prove them discharged from their first duty , if the Lay deprivation be not sufficient to discharge them ? And how can he pretend it sufficient for that purpose , if it was from the beginning null and invalid ? Thus he will find the disproof of the Power of the Lay-Magistrate for Spiritual deprivations to be more pertinent , than perhaps himself could wish it , for overthrowing his pretended Lawfulness of Submission in the Ecclesiastical Subjects to Persons obtruded on Sees no other way vacated , than by the Authority of a Lay-deprivation of the Civil Magistrate . § VII . The Doctor 's limitations of his own pretended self-evident Maxime , do all of them prove our Case unconcerned in it . Chap. 1. But the Doctor pretends to demonstrate ( no softer word it seems would serve his turn ) the Truth of his Proposition ; and God forbid we should not yield to Demonstration . But I confess , I very rarely find great solidity joyned with great confidence : However , we must not prejudge it , but examine whether it will answer the Character with which he has possessed us concerning it . His demonstration therefore he draws First , From the Reasonableness of it . Secondly , From the Authority and Practice of the Autients . The Reasonableness of it , he grounds on this certain and self eviden-Maxime , That whatsoever is necessary for the present Peace and Tranquillity of the Church , that ought to be made use of , provided it is not in it self sinful ; and the ill Consequences which may possibly attend it , are either not somischievous to the Church , or at least not so likely to happen as the Evils we endeavour to avoid . But upon the supposed Invalidity of Lay-deprivations this Submission of the Ecclesiastical Subjects to the Usurper of the Ecclesiastical Throne , will not come under the limitations proposed by the Dr. himself , of his self evident Maxim. I have already shewn that , on this supposal , this Submission to the Usurper will be in it self sinful . And the same Observation may be applied to his other limitations , if the Case propos'd be judg'd by our Principles . The Consequences which we think will follow from this Obligation he layson our Ecclesiastical Superiors , to yield their Rights as often as they are invaded , where nothing but the Right is concerned ; and the liberty he allows Ecclesiastical Subjects to desert their Superiors , if they think fit to assert their Rights ; we think tend , by inevitable Consequence , to the perfect subvertion of the Church as a Society . And this Consequence is worse than can be feared from the Persecutions of erresistible force ( if we can agree , as the Primitive Christians did , to keep our stations ) or from the divisions of them who will not agree to maintain Society with us in a state of Independance on the Civil Magistrate . And natural Consequences from Principles , are Evils more likely to hapen , than any that depend on the wills of mutable Men. So that be his Maxim never so self-evident , yet there is not one of the Doctor 's own limitations , but excludes his own Case , as judged by our Principles from being concerned in it . This perfectly discharges us from all concern in the Instances by which he pretends to prove his Maxim received by the Antients as self-evident . Yet it were easie to answer them , if we were concerned to do so . They are generally in things indifferent , and changeable by their different Circumstances ; and the Dispensations were made by Persons in Authority , without prejudice to any Third Persons Right . So that not one of his Instances reach our Case . But the Subjects of our Dispute are not mutable , nor depend on Circumstances . As the Ecclesiastical Society was designed by Christ not temporary , but perpetual ; so the Essenital cements of it must have been so too . And such are the Rights of Governours , and the Duties of Subjects . These if they be taken away for a moment , dissolve the Society , and therefore cannot be left to the Prudence of Governours for the time being , because the very supposal of the Case , destroys the very being of the Government and of the Society , and therefore leaves no Governours in being , that may consider such Circumstances , and suit their Practices accordingly . § VIII . Submission of Subjects to the Ecclesiastical Usurpers is sinful by the Law of God. But though the Doctor answers nothing produced by the Vindicator for proving such submission of the Subjects to an Intruder sinful ; yet he pretends to prove it unsinful . But so unhappily , that not one of his proofs hold for the purpose for which he has produced them . First , He pretends the Scripture silent in our Case ; and therefore that such Submission is not forbidden by any express Law of God. Yet he denies not but that the Law of God commands us to be Obedient to our Governours , to them also who are over us in the Lord. But where there are two Competitors , and both claim our Obedience , to which of these two our Obedience ought to be payed , this he says , it leaves to our wisdom to determine . But will he therefore pretend that disobedience to any particular Governour in our Age , is not against the express Law of God , because no Law of God is express in determing any particular Person now living to be our Governour ? This will overthrow all Divine Obligations to any since the Apostles Age. Now only in this but in most other duties relating to Men , the determining Circumstances are settled by Human Authority ; Yet none does therefore pretend , but that the Offence against the Duty so Circumstantiated , is against the Law of God. The Law of God requires Duty to Parents . But who are to be taken for our Parents , not only Nature , but the Laws of Men have determined in several Cases , as in that of Adoption , which is ancienter then Moses himself , and in the other of our Civil and Spiritual Parents , who are generally concluded in that Divine Commandment . So in the Case of Murther , it is certain , that only Illegal Killing , by a Person not authorized , or for an unjust Cause , is forbidden in the 6th Commandment . But they are Human Laws which pitch upon the Person who is to be vested with the Authority of Life and Death , and which determine the Cases wherein Death is to be inflicted . So also in the Case of Adultery , it cannot be jugded what Facts are chargeable with that Crime , but by the Laws of Matrimony , which depend on the particular Constitutions of the Places , and are accordingly various . But in no Case this is more evident , than in that of the 8th Commandment . Theft is all that is there forbidden , which cannot be applied to any Fact , but by supposing the determination of Human Laws concerning Property , which are again very various . For some Persons have been excluded from all Property , as Slaves , and unemancipated Children . And the determinations of Property in Persons capable of it , are so different in different Places , that what is Property and the violation of it , Theft in one Country , is not so in another . Yet what Casuist has ever doubted , but that Disobedience to Parents , Murther , Adultery and Theft , are still violations of the Law of God , notwithstanding that the Imputation of these Crimes to particular Facts , does now generally depend on Circumstances determined by Human Law ? If therefore by our , Wisdom , the Doctor means the Wisdom of the Subjects themselves , as if the Scriptures had left the determination of these Circumstances to that , his Observation it not true . The Subjects are to be concluded by the wisdom of their Superiours ; and that upon account of the Divine Law , which obliges them to duty to Superiours in general , which is to be so expounded , that it may extend to all our Superiors for the time being , in what time or place soever . This therefore will oblige us to take all the ways of conveying Power to particular Persons by the constitutions of particular Societies , not only for Human , but Divine Establishments . I am sure St. Cyprian looks on all particular Bishops in his own time , as appointed by God and Christ. And in this way it is manifest , that they who are intruded into places vacated by an incompetent Authority , cannot be taken for the Bishops to whom the Subjects Obedience is due by Divine Law. This also is as certain from the Reasonings and Principles , as well as the Sayings , of St. Cyperian . § IX . Such Submission would make the Ecclesiastical Subjects Accomplices in the Injustice . The Doctor adds Secondly , That Submission to the Usurpars does not make us Accomplices in the Injustice . But why , if our duty still be owing to the Rightful Claimers , as it must notwithstanding an invalid deprivation ? The only reason he pretends , is that refusal of Duty to the Usurpers would only draw Ruin ; upon the Clergy themselves who should refuse it , and cannot restore the Rightful Owners whom the state has deposed Thus this Divine takes Persecution , and Deprivation of Revenues , for Ruin ; and sufficient to excuse from the Duty which may still remain , notwithstanding any thing he has pleased , or can plead , from a Deprivation which himself has granted to be Invaild . I am sure his Texts teaches us otherwise , that Persecutions incurred for Duty , are not Ruin , but gain , a Hundred fold even here , besids the future Eternal Rewards . Nor can any one believe otherwise , who believes our Revealed Religion . Nothing but flesh and blood , and a carnal prospect , can make these things appear as the Doctor has represented them . But he says , their refusal of Obedience to the Intrudors , cannot restore the true owners to their Rightful Possession . What then ? will this therefore excuse them for joyning with the Usurpers , for thereby maintaining their unjust Possession in opposition to those who have a better Title , which Title themselves were Obliged to maintain ? Can he reconcile this with their old Duty , or excuse themselves , for violating that Duty , from being Accomplices in the Injustice ? But the Suggestion is not true which he insists on , that the refusal of Obedience to the Intruders , and paying it to the lawful Pastors , would not continue the Rightful Poslesiors . It would not indeed continue them in their Possession of their Secular dues , or of any thing of which the State could deprive them . But it would continue them in a Possession of those things for which our Consciences are concerned , I mean of Spiritual ; in such a Possession as is consistent with a Persecution from the State ; in such a Possession as was enjoyned by their holy Ancestors in the first and purest Ages . This we might continue to them , whether the State would or no , if we could find in our hearts to agree among our selves , as the Primitive Christians did , to be Unanimous in performing our Duty to them . And so far is the prospect of the Publick good from obliging us , as the Doctor pretends , to the contrary ; that that very consideration of the Publick good , is that which we principally insist on for our purpose . It is certainly for the Publick good of the Spiritual Society , that the Rights of its Governours , and the Duties of its Subjects , should be preserved inviolable . And it is for the Publick good also , that the Interest of less valuable Societies , should give way to the Interests of that Society which is more valuable . And it is withal , as certain , that the Spiritual , is the more valuable Society . I cannot foresee what part of this Reasoning the Doctor can question , if he will be true to the Interests of Revealed Religion . § X. The same submission in the Clergy is sinful , on account of the Oaths they have taken to the of Rightful Possessors Canonical Obedience . He proceeds , and says Thirdly , That such compliance with an Usurping Ecclesiastick Governour , is not sinful on account of the Oath of Canonical Obedience to the Lawful Possessor . And why so ? Because the Bishop so deprived , can no longer govern . But GOD be praised , our Bishops can still govern , if their Clergy and Laity would obey . And that the Clergy will not obey , the Doctor ought to shew how it is reconcileable with their Oaths of Obedience , by some other Topick than what he has here insisted on . Our Bishops are not banished , are not imprisoned , are not confined , nor any way disabled from exercising that actual Government , which relates to Conscience , and which is practicable in a Persecution . Yet the Primitive Christians did not think their Bishops disabled for Governing , when they were in Exile , as long as they maintained a correspondence with their Clergy . So St. Cyprian , even in his Exile , exercised his Authority , and was obeyed by his . Carthaginian Clergy St. Athanasius was banished further into the West , which perfectly disabled him for keeping up that Ordinary Correspondence with his Alexandrian Clergy which was requisite for actual Government . Yet this was not then thought sufficient , either to give them leave to joyn with any of those who were substituted into his place by suspected Arian Synods , as well as by the Imperial Authority ; or to set up any Person , without his leave , of as unsuspected Orthodoxy as himself . While he was living , and might return to a capacity of governing , they did not think themselves discharged from their duty to him , on the Doctor 's pretence of the publick good . I have already also shewn , how that pretence in this Case , makes against him , and am not willing to repeat what has been there said . If the Church's intention be regarded , as the Doctor seems to regard it here , she certainly could never intend that her Governours should be robbed of their Spiritual Right , and her Subjects discharged from their Spiritual Subjection , and her Body thereby dissolved at the pleasure of the sacrilegious encroaching Magistrate . This dependance of the Subjects is so universally the Interest of all Churches and Bishops in general , and indeed of all Societies , as that I know not any shew of reason the Doctor has , to make it the private intention of the Bishop , in opposition to the publick intention of the Church . It is an invidious Interpretation , and a very false one , which he gives of the Oath , when he makes it in effect the same as if they should swear , That they will for the Bishop's sake , oppose the welfare of the Publick , and break the Union of the Church , and leave the Communion of it , and adhere to the Bishop , though they should have no reason to do so , besides this bare Oath . No need of this . The welfare of the Publick , and the Union of the Church require that in affairs of Publick Spiritual Interest the judgment of the Subject ought to be concluded by the judgment of the Bishop , at least to the practice , which perfectly overthrows the Doctor 's Interpretation , and makes it impossible that those considerations should ever really interfere , which the Doctor makes so opposite . And St. Cyprian's definition of a Church , that it is a flock united with the Bishop , makes it impossible that the true Church's Communion can ever be left in adhering to the Bishop . But this perhaps the Doctor will call a Saying of St. Cyprian , and a sort of Theological Pedantry , as he is used to stile other , the like Doctrines and Principales of the Cyprianick and purest Ages , when they are urged to oblige him to any thing that may give him occasion to shew , what he calls , his fortitude . What he pretends with his usual confidence , without the least offer of proof , that particularly here in the Church of England , the Oath of Canonical Obe dience is always taken with this supposition , That the Civil Power as well as the Ecclesiastical , do allow the Bishop to govern , we shall then believe , when he shall be pleased to prove it by some stronger Topick than his own Authority . The Oath it self has no such matter expressed in it . And he should have pitched on some expression in it , if there had been any , which ( in his opinion ) might seem to imply it . Our Civil Laws require that our Ecclesiastical Causes should be determined by Ecclesiastical Judges , which , if they had been observed , had left no room for the Case of Lay deprivations . § XI . Our Principles afford better Reasons why the unjust deprivations of Synods may be received without the deprivea Bishops consent , than those insisted on by the Doctor . That a Synodical deprivation , though unjust , discharges the Subjects from the Obligation of the Oath of Cononical Obedience , is usually admitted . But not for that reason which the Doctor has given for it . The division which might otherwise follow in the Church , and the publick disturbance which might follow thereupon , if they were not so discharged , are equally applicable to the opposite Pretenders , and could afford the Subjects no directions with whether of them they ought to joyn . The true reason ought to decide the Title , and therefore ought to be such as one only of the Rivals can pretend to . That is , that the Synod , however unjust in its way of proceeding , is notwithstanding to be allowed as a conpetent Judge ; and therefore that , on that account , its Sentences ought to hold in Practice , till repealed by a higher Authority of the same kind , that is , by a greater Synod . But an incompetent Jude leaves things in the same condition in which it found them , and ought not , in Conscience or Equity , to have an effect at all . Nor can it therefore impose on the Consciences of the Subjects any , the least , Obligation , even to acquiescence . Nor does it follow , that because the Bishop's conscent may not be necessary to oblige him to stand to the unjust Sentence , that therefore the reason of his obligation to acquiescences is not grounded on Episcopal consent . The consent of his Predecessors on the valuable consideration of having the conveniences of Synodical debates , may conclude him while he enjoys the same valuable considerations . And the consent of his Collegues may oblige him also , who have the Right of judging with whom they will observe the Commerce of their Communicatory Letters . Their agreement in denying him their Communicatory Letters , is , in effect , a Deprivation , when what he does is not ratified in the Catholick Church . This will go far to hinder his Cummunion from being Catholick , which may go far also towards the absolving his Subjects from Duty to him , if by joyning with any other , they may have the benefit of Catholick Communion . But this following the judgment of Episcopal Predecessors , or of the Episcopal Colledge , will by no means , allow the Subject that Liberty which the Doctor disputes for , of deserting their Bishops on their own private Judgments concerning the publick good . It will not follow , that that Necessity must excuse them , which has no other consideration on which it may be grounded , desides that of an irresistible force . § XII . There is gre●● disparity between the Obligations of a competent , and an incompetent , Authority . But the Doctor ( it seems ) can see no difference , as to Acquiescence in a Case of Necessity , between what is done by a competent , and what by an incompetent , Authority . It is strange that a Person so able to judge in other Cases , where Interest permits him to judge impertially , should not see it . The obvious difference now mentioned is , that the Deprivation by an incompetent Authority leaves Subjects under obligation to Duty , from which they are discharged , when the Authority , though acting unjustly , is notwithstanding competent . Thence it plainly follows that , where the obligation to Duty is taken away , there compliance is not sinful . And where it is not sinful , it may be born with in the Case of that Necessity , which is the result of an irresistible Force . But where the Obligation to Duty remains , and the compliance is therefore sinful ; I know no tolerable Casuisty that allows it upon such Necessity . The Doctor himself , as we have seen already , excepts it in his own stating of the Case . Tenants do not usually hold their Tenures by Oaths : But where they do ; I am sure all creditable Antiquity thought them under stricter Obligations to performance than ( it seems ) the Doctor does . The Peace and Tranquillity of the Publick are , no doubt , useful considerations for understanding the sense of Oaths , in which they oblige to performance . But the Doctor might have been pleased to consider that here are two publick , oftentimes incompareble , Interests concerned in the Obligation of Oaths . There is the publick Interest of those to whom , as well as of those by whom , the Faith is given . And all fair and equal dealing Casuists prefer the former before the later in Oaths given for the Security of others . How than can the Doctor make the good of Sworn Tenants in general to put restrictions on Oaths given for the Security not of the Sworn Tenants , but of the liege Lords in general , for whose Security the Obligations are undertaken ? He ought to prove that a Conqueror can daprive a Bishop of his Spiritual Power if he be pleased to reason upon it . That the Church of Jerusalem supplyed the place of Narcissus , when they thought him dead , does not prove that they had thought themselves at liberty to have done so , if they had known him to have been living . Whatever present incapacity he might have been under for the administration of his Office , they might have thought themselves obliged to Stay for him , as the Alexandrians did for St. Athanisius . St. Chrysostomes Case is less for his purpose . He only desired his People to Submit to the Bishop that should be substituted after his decease . Yet even in that he prevailed not with them , the Schism of the Joannites being continued many years after , till an honourable amends was made to his memory . During his own life time he was so far from it that he challenged their duty to himself , and dissuaded their complying with the Schismaticks . § XIII No reason to reckon on the persumed consent of the Bishops injured by an Invalid deprivation , for discharging their Subjects Consciences from Duty to them . The Doctor here foresees an answer , that I do not find was ever admitted by the Vindicator , and therefore will only concern them on whose Principles it is made . That is , that in such difficult Cases , it is presumed that the deprived Bishop gives his consent , and that this presumption must be reckoned on to discharge the Subjects from their Duty to him with regard to Conscience . It is a most extravagant remissness thus to permit the interpretation of the Oaths to the desires and interests of those who are to be obliged by them , That whenever the observing them puts them upon any Straights , they shall then be at liberty to betray their own Faith , and his Security for whose sake they had undertaken them ; and that by so unreasonable a persumtion of his consent whose Security was thus provided for . It utterly ruines the whole design of giving this Security by the way of Oaths . That is , to oblige them in such Cases wherein no considerations can oblige them , but those of Conscience , where their corrupt affections , should incline them to the contrary , and where there is no visible force appearing that may make the inconveniences of breaking their Faith greater than those of keeping it . That is , perfectly to disoblige them in that very Case wherein the Psalmist does most commend the Observation of Oaths , That is , when they are to the hindrance of those who must observe them : Nor does it follow that because the consent of an injured Governour may indeed be presumed in Acts of Government , for a time , which do not by any consequence affect his Title ; therefore it may be presumed also in Acts wherein his consent would be inconsistent with his design of continuing his Claim , when he neither has , nor intends to relinquish it . Nor does it follow that , because in some Cases , wherein publick considerations may prevail with them , good men may patiently submit to the prejudice of their own Right ; therefore they cannot be good men , who do not submit in Cases , wherein the same considerations of the Publick ( of which they only have a Right to judg who have a Right to Authority ) do , in their Judgments , make the insisting of their Rights more necessary and becoming them . If Rights must always be surrendred by good men as often as ill men are pleased to invade them ; In vain are Laws for determining or defending them . In vain at least must good men ( who ought to be the favourites of wise and just Lawmakers ) expect the benifit of Laws , if they must never plead their Rights . In vain are good men trusted with such Rights as are the Publick Interests of their Societyes , if they , who are otherwise the more trusty for being good , must here upon that same consideration of their being good men , be obnoxious to those impressions of Conscience which must make them think themselves obliged to betray them ; if that very consideration that the publick and their own private Interests are coincident , must make them as prodigal of the publick Interests as they would be of their own . Nor has the Doctor , nor any other that I know of , insisted on any considerations particular to our present Case , but only on such general ones , as ( if they proved any thing ) would prove in general , that all good men are obliged to surrender their Rights whenever Wicked men are pleased to invade them . § XIV . Our deprived Fathers give publick Significations that they do challenge their old Rights , as far as is necessary in their Circumstances . Upon these terms the Doctor is pleased to tell us , that he is fully persuaded that our ejected Fathers are very worthy and good men . But not without a manifest design . They must , if they will maintain the place he has admitted them to in his good opinion , be true to that Idea of good men by which he is resolved to try them ; give up those Rights whose maintenance may oblige him and his Brethren to any temporal loss . And is not this a very obliging reason to induce them to it , that they must give up the trust committed to them of the publick Interests of God and of Religion , rather than he and his Brethren should hazard their Temporal and private Interests in maintaining those Rights , by contributing no more on their own parts than what is otherwise their duty to them ? They must have agreat stock indeed of that which he is pleased to call goodness , if this way of Reasoning can make them think themselves obliged to him . Much more , if , upon this pretence of kindness , he may be allowed to beg , what he can never be able to prove , that they are obliged in Conscience rather to surrender their Rights , than that he and his obliged Brethren should be obliged to any hazard in maintaining them . This one would think too much for him to persume till he were better able to prove it . But the greater easiness of presuming , than proving , makes him very hold indeed , when he prosumes that our H. Fathers themselves give their consent that their Successors should be acknowledged . Yet he pretends reason why we ought to presume it . And what may that be ? That they have never by any pablick Signification of their wills , lay'd claim to the Obedience of their People ; and do not now exercise their Episcopal power as before . But truly Conscienticus Observers of Oaths would rather persume on the Oaths side than against , it , least otherwise if God should help them no otherwise than they perform what they have Sworn by him , the from of the Oath it self should prove a dreadful imprecation . This was , I am sure , regarded in the Cases of Edward the II. and Richard the II. The Subjects did not content themselves with a presumed consent to what was done in deposing them , gathered only from their silence ; but they desired and procured an express renonciation of their Rights , and an express releastment from the Oaths which they had taken to them formerly . This reason therefore alone would hinder such Persons from undertaking second inconsistent engagements , that they had not yet been expresly discharged from the first . So far they would be from reckoning on their silence alone as sufficient to discharge them . For there are besides , especially in such Circumstances as ours , obvious reasons why silence only should not be taken for an Argument of a presumed consent . The fear of those under whose violence they suffer may hinder them from publick Signification of their dissent , and yet , ( it seems ) nothing under a publick Signification will satisfy the Doctor . If this fear should less influence so worthy and good Men , yet the fear of miscarrying might , in Prudence , discourage them from attempting what they might easily foresee that they should never be able to go thorough with . And how could our H. Fathert hope to succeed under so manifest and general a desertion of those who owe Duty to them , and know they do so ? But it is not very Human in our Adversaries by their notorious undutifulness to oblige our Fathers to this silence , and than Ironically to turn their silence into an Argument of a presumed consent . In the mean time these considerations make it plain that it is very possible for them to continue their Claim , though they should give no publick Significations of doing so . And their cnotinuing it , though without any publick Signification , is Sufficient to our obligation with regard to Conscience , till they give a publick Signification that they will discharge us . For that is sufficient to continue their old notorious Claim they had to our Duty before the pretended deprivation . I know no other Case wherein our Advarsaries where concerned , in which they would think it just to presume that Persons living under a notorious force do therefore surrender their Rights because they do not further provoke their Oppressors by an open Signification of their Claim . But if nothing less than a publick Signification of their Claim will content the Doctor , methinks he should have acquainted us what Acts they are of Episcopal Power which he expects from our H. Fathers as publick Significations of it . Does he expect that they must signify their minds herein Juridically , as they did formerly , from their Courts and their Cathedrals ? But he knows these are in the Power of those who have pretended to deprive them . He knows their Officers and Subordinate Governours will not now obey them . Must they publickly warn those who are in possession of their Cures and Parishes ? But how can they expect more Duty from them who follow the revenues into the Schism , and who are in actual Communion with , and under the pretended Obligation of Oaths of Canonical Obedience to , their Rival Schismaticks ? What could they expect from such a publication of their dissent , ( besides their gratifying the Doctor ) but to expose their own Authority , without any prospect of publick benefit that might countervail it ? What but a fruitless exasperation of their Persecutors ? Would he have them fix publick Protestations against what has been done , in publick places ? But the worthy Dean of Worcester's Case is a notorious Instance how such a publication would be resented . I hope he will not own any design of urging them to such difficulties only to gratify him , if he has really that veneration for them which he Professes to have . By all the Episcopal Acts that are necessary , and of which their Circumstances are capable , they do already publickly signify their insisting on their old Title . I know no Episcopal Acts , necessary for our present condition , but what they readily exercise as they see occasion for them . They exercise them in Dioceses not otherwise vacated than by the Schism , without the Ordinaries leave , and to Persons not owning the Ordinaries Communion , which also our H. Fathers themselves abstain from . These are publick Significations that they do disown the state communion as Schismatical ( not only as using unlawful Offices ) which cannot be justified on any other terms but their challenging their old Rights , and condemning their Schismatical Rivals . § XV. The Oaths of canonical Obedience to our Fathers still obliging . So , unreasonable are the gratifications expected by the Doctor from their Lordships , whereas , all things considered , there is no reason why he should expect any gratification at all . For if they will not discharge him from his Duty , he is however resolved not to pay them any . For he puts the Case of a Bishop forbidding his People , on their Oaths , to accept of any other Bishop , and then asks , what must be done in such Cases ? Is the Church perjured if she accept of another ? will our Adversaries say that she is ? He knows our mind very well that we know not how to excuse her . And what has he to prove the contrary ? Nothing but the voice of flesh and bloud ; A hard saying ! who can bear it ? But this learned divine knows very well that the hardness of a saying ( especially if it be only so to flesh and bloud ) is no Argument to prove it false . He knows it was not so in that very passage whence he borrows the Expressions . He knows it is not so in all Cases of Persecution , and of Doctrins that may deserve to be maintained by suffering . And he urges nothing peculiar in our present Case . But he cannot imagine that the welfare and prosperity of mankind does depend upon so ticklish and uncertain a point as that of an ejected Governors consent . That , if he refuses to give his Consent , all the Church , or the Nation , must be made a Sacrifice to him . So he represents the Case very Invidiously . As if the Competition were between the private Interests of the Governour and the Good of the Community . He therefore fancies that the false Principles on which this Nation is built is this , That the Oath that is taken to the Governour , is taken only for his sake . But though that Principle which he calls folse be really in the Constitution of some particular Gouernments , and therefore is not universally false ; yet neither , on the contrary , is it universally true . Particularly , it is not true in the Case of the Ecclesiastical Government . This Government is not a Property of the Governours , but a Trust committed to their management for the Good of others , rather than of themselves . Yet though this be the Case , it is the publick Interest of the whole Society , that all the Members of it be unanimous in defending the particular Persons in whom the Government is vested , against a forcible Dispossession . It is the publick Interest , that no Rights whatsoever be overpower'd , because if they be , no Rights whatsoever neither private nor publick , can be secure ; but may be also overpower'd by the same Precedent . It is yet more particularly the Publick Interest , that those Rights be secured against all force , upon which the Security of all the Particular Rights of the whole Society depend . Such are those of the Supream Governours who if they be not enabled to defend themselves , can never be able to protect either the whole Body , or any particular Members of it , in Possession of the Rights to which they were Intitled by the Constitution . Upon this account it has been accounted the Interest of Societies in general , that they be unanimous in defending it . For this will make the Government better able to defend it self , and protect its Subjects in their Rights , if it have the united assistance of the whole Society , not subdivided into several little Interests . It has also been thought the publick Interest of Societies rather to be concluded by their Governours , as to their Practice , in their Judgment concerning the publick good , than to be permited to embroyl their whole Bodies by forming subdivided Factions and intestine animosities , which is the natural consequence of being allowed the use of their private Judgements , even concerning the publick good in a Society already constituted . Thus the Doctor may see how even the regard of the publick good may oblige him to hazard all that he calls Ruin , in asserting the Rights of Suprem Governours , by reasons anticedent to the Oath it self , and independent on his pretended false Principle , that Oaths are taken only for the sake of Governours . These Reasons proceed , though the Government of the Churches had been like many Humane Governments , founded on Humane Institution , and the agreeing consent of its respective Members . But the reason of hazarding all for the Rights of our Ecclesiastical Superiors holds more strongly . For God himself has so constituted his own Church as to oblige us , in regard of all Interests , to the strict dependence on our Ecclesiastical Governours . As Schism is the greatest mischief that can befall any Society ; so a Society , such as the Church is , that must subsist over all the World , independent on the Secular arm , nay under Pesecution from it , must be in the greatest danger of Schism . And God has accordingly most wisely contrived his Spiritual Society so as to secure it from that danger , by making it the greatest Interest of the Church in general , and of all its Members considered severally , to adhere to their Spiritual Monarch . It is certainly their greatest Interest to keep their Mystical Communion with God the head of Christ , and with Christ the head of his Mystical Body the Church . But this , God has made no otherwise attainable but by maintaining a Communion with his visible Body by visible Sacraments , obliging himself to ratify in Heaven what is transacted by the visible Governours of the Church on Earth . Thus he admits to his Mystical Union those who are admitted by the visible Governours of his Church into his visible Body , and excludes from the Mystical Union those who are by the Church Governours excluded from the Union that is visible . So the Apostle St. John reasons that whosoever would have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Communion with the Father and the Son , must not expect it otherwise than by the Communion with that visible Body of which the Apostle himself was a Member 1 St. Joh. I. 3. So our Saviour himself makes the despising of those who are Authorized by him to be the despising of himself , and not only so , but of him also who sent him . And in St. Joh. XVII . he makes his Mystical Union to be of Christians among themselves as well as with himself and the Father . And upon this dependend the dreadfulness of Excommunication , and indeed all obligation to Discipline , and the Penances imposed by it in the Primitive Church But there was none in the visible constitution of the Church that represented God and Christ under the Notion of a Head but the Biship . And therefore he was taken for the principle of Unity , without Union to whom there could be no pretensions to Union with God and Christ. This was the Doctrine of St. Cyprians Age , and not his only , but of that of Ignatius , and not only of Ignatius , but of that which was Apostolical , grounded on the Notions then received among the Jews concerning their Union with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Archetypal High Priest , by their Union with the High Priest who was visible . How then can the Doctor make any Interests either publick or private , separable from those of adhering to our Bishops , and thereby avoiding Schism by discountenancing Usurpers of their lawful Thrones ? § XVI . The complyance with Usurpers is also therefore sinful , because Usurping Bishops are really no Bishops at all . The Doctor now proceeds in the 4th and last place , to shew that this complyance with the new Intruders is not sinful on account of the Objection insisted on by the Vindicator , that the Usurpers are in reality no Bishops at all . This matter were indeed very easy if all the Vindicator had produced for his purpose had been only a saying of St. Cyprian , and a saying nothing to his purpose . He might then indeed wonder that the Vindicator should pretend to raise so great a structure on so weak a foundation . But considering what the Vindicator had said to prove the saying true , one might rather wonder at the Doctors confidence in slighting and overlooking what one would therefore think him conscious that his Cause would not afford an Answer to . The Vindicator had proved it more than a saying , that it was the Sense , not only of St. Cyprian , but of all the Bishops of that Age , who all of them denyed their Communicatory Letters to such an Intruder into a Throne not validly vacated , thereby implying , that they did not own him of their Episcopal Colledge , and therefore took him for no Bishop at all . The Vindicator shewed withal that it was agreable to the Principles and Traditions of that Age , derived by Tradition from the Apostles , and therefore that they had reason to say and think so too . The Vindicator farther proved it independently on their saying or thoughts ( however otherwise creditable in an affair of this kind ) from the nature of the thing it self , that where there could be but one of a kind , and two Pretenders could not therefore be both genuine , the validity of one Title is to be gathered from the invalidity of the other . But to what purpose is it to produce proofs if the Doctor will take no notice of them ? But Cornelious ( with relation to whose Case St. Cyprian uses this Expression , that the latr Bishop is not second , but none ) the Doctor says , had never been deposed , but was still the possessor , which he takes for a disparity from our deprived Fathers Case . He was deposed as much as it lay in the Power of the Pagan Emperour to do so . He was set up , not only as the Christian Bishops then generally were , without his consent , but notoriously against it . He was as much grieved at it as if a Rival had been set up against him for the Empire . And he had kept the See vacant for a considerable time after the Martyrdom of Fabianus , doing all that he could do to hinder the Clergy from meeting in such a way as was requisite for supplying the vacancy . Let the Doctor himself Judge what Decius could have done more for deposing him . However the Doctor tells us that Cornelius was the Possessor . Very true . But not in regard of any Possession of which the Emperour could deprive him . And indeed in no higher sense than ours are , as shall appear hereafter . Cornelius was possessed of no more Temporals of which the State could deprive him . And our H. Fathers are still , notwithstanding the invaled deprivation , in as firm and indisputable a Possession with regard to Conscience , as Cornelius . So unhappy the Doctor is in proving the Doctrine , which he calls the Saying of St. Cyprian , nothing to to the Vindicators purpose . What the Doctor adds that he cannot believe so great and wise a Man as St. Cyprian could have been of another opinion from himself , we are not much concerned for till he shall be pleased to produce some better Arguments why he should not be so . One would think he wanted better Arguments when he insists upon the fairness of the Elections of the Usurpers for legitimating their Call. He knows very well the liberty our Laws allow the Canonical Electors , that they must choose the Person proposed , or a Premunire , But he must never expect to be restored to the Rights of his function if he , and such as he , will not only betray their own Rights , but plead for their Adversaries Invasion of them . The Doctor Enthymeme the Vindicator will then be concerned to take notice of when the Doctor can shew it in his Book . But the Doctor thinks he has got an Argument to prove that an unjust Synod can deprive no more than an incompetent Authority . And why ? Because a Synod proceeding unjustly cannot deprive of the Right . For to him , he says , it is absurd that any unjust sentence should take away the Right . Hence he iners that a Bishop substituted in the place of another unjustly deprived by a Synod , must also be no Bishop , if a Bishop substituted into a place vacated by a Lay deprivation be also none . This would indeed hold if a Bishop deprived wrongfully by a competent Authority retained as much Right as he who had been deprived no otherwise than by an Authority that were incompetent . But the Doctor , methinks , might easily have discerned the difference if he would have been pleased to Judge impartially . All the Right that he has who is deprived unjustly , is only a Right to a juster sentence , either by an Appeal to a Superior Authority , if the Authority which has deprived him be subordinate ; or in the Conscience of that same Authority which had deprived him , if it be it self Supreme . But till the competent Authority put him into Possession , he has no Right to the consequences of Possession , the duties of the Subjects , and the actual benefits ▪ of his Office. Nor has he any Right to Possess himself of the place by violence , but must use Legal means of recovering what is already his due in Conscience . This he knows is the sense of our Legal Courts concerning Sentences pronunced by competent , though corrupt , Judges . But where the dispossession is by a Judge not competent , the injured Person may make use of force for regaining his Possession , and in the mean time he retains an actual Right to all the duties and benefits of his Office during his dispossession . This our Laws would allow the Doctor , if the King of France , or any other force not seconded with a Legal Right to use that force , should dispossess him of his Fellowship of Wadham Colledge , and substitute a Successor into his Place . Our Laws would notwithstanding own him as the true Fellow , Entitled to all the Duties and Priviledges of the Fellowship , and would not allow his Rival as a Fellow , nor indemnify any that should pay him the Dues belonging to the Place , not allow him the Plea of a forcible entry , if the Doctor should recover his Possession by force . But none of these things would be allowed him , if himself had been ajected , and his Rival substituted by the unjust Sentence of a corrupt Judge , but in a Legal Court. Thus he may see a better Reason than what is given by him for our Submission to an unjust Deprivation of a Synod . The actual Right of the Bishop so deprived to the Duty of his Ecclesiastick Subjects , and the Priviledges of his Place , are really taken from him , till he be again possessed by the Acts of those who are empowered by the Laws of the Society to give Possession . And all the Right he has , is only in the Consciences of those who are empowered by the Laws for it , first to be put into the possession , and than to all the other Benefits and Privildges annexed by the Law to be Legal Possession . This is very consistent with a paying the Rights consequent to Possession , to another , till the Possession be Legally restored . But even the Legal Possession by the Laws of the Church , and with regard to Conscience , cannot be affected by an invalid deprivation of an incompetent Judge . § XVII . The Evil of Sin , and Scandal in complying , greater than that of Persecution which is avoided by it . Having thus , as well as he could , proved this compliance with the Usurper's unsinful , the Doctor now proceeds to the other limitations of his self evident Maxim. He therefore endeavours to prove that the Evils following upon disowning the Intruders are greater and more like to fall out than those which are likely to follow upon complying with them . I have already proved the contrary . What now remains , is only to answer what he produces to prove his own Assertion . The Evils they pretend to avoid by complying , are a SCHISM and a PERSECUTION . These he says are two Evils as great as can possiably befal thè Church . I easily agree with him concerning the former , that it is an Evil of the first Magnitude . But the latter was never counted so by truly Christian Spirits in the flourishing times of our Religion , Then Martyrdoms were courted with as much ardency and ambition as Preferments have been since , as Sulpitius Severus has long since observed . Then the Apologists tell their Persecutors that it was rather for their sakes than their own that they vouchsafed to write Apologies . Then they always gave thanks when they received the sentance of death for so glorious a Cause . Then they bemoaned the unhappiness of their own times if they had no Persecutions , as Origen expresly : Then nothing troubled them more than that they lost their lives cheaply upon their beds , as appears in St. Cyprian de Mortalitate . The Doctor is no doubt well acquainted with Ignatiu's Epistle to the Romans , full of an ardent zeal of losing his Life for Christ , and earnest expostolations with the Romans that they might not so much as use their interest with God in Prayers for his deliverance , telling them that he would take it for an Argument of their good will to him if they would not be so desirous of saving his Flesh , and of their ill will if they should prevail with God for his safety , even by an interposition of an extraordinary and miraculous Providence . And when Blondel takes upon him to judge of the Heroical ardor of that Age by the cold and degenerous Notions of his own ; our most learned Bishop Pearson has proved his Actions far from beīng singular by many more very express Testimonies of those most glorious times of our Christian Religion . Nor are the Canons against the provoking Persecutors , which the Doctor takes notice of , near so old as these great examples of desiring and meeting Persecution , nor indeed till the abatement of the first zeal appeared in the scandalous lapses of warm pretenders . None such were made whilst they were true to their profession , so that the consenting Practice of the best times was far from the Doctors mind in reckoning Persecution among the greatest Evils that can possibly befal the Church . They did not take it for an evil , but rather for a favour and a benefit . And though it were allowed to be an evil , yet the utmost that can be made of it is that it is an evil only of Calamity , the greatest of which kind Conscientious Casuists have never thought comparable with the least evil of Sin. I might add also , that Scandal also , as it is a cause of Sin , is a greater Evil than Persecution . Our Saviour himself pronounces wo to him by whom the Scandel cometh , and the Fire of Hell which never shall he quenched . And these are Evils which the Doctor himself must own to be worse than that of Persecution . The Doctor therefore must not insist on the Persecution avoided by this complyance with the Intruders , till he has cleared the condition of avoiding it , from not only Sin , but Scandal also . If he thinks deposing all Bishops in general , to be in earnest a just cause for him to shew his fortitude , let him bethink himself how the matter is now in Scotland . It were easie by just consequences from the Grounds and Principles of Ecclesiastical Commerce , to shew how that Case would concern him in England , if it were convenient . If Christ were equally to be enjoyed in the Communion of the true Bishops and their Schismatical Rivals , we should be as willing as he to keep off the Evil day as long as we could . Flesh and Blood would easily perswade us to it , if it were safe . But he knows very well , that the Catholick Church in the purest Ages , never believed our mordern Latitudinarian Fancies , that Schismaticks have any Union with Christ , whilst they are divided from his Mystical Body the Church . If this were true , or if he thought it himself true ; I do not understand how he could reckon Schism among the greatest Evils that can befal the Church , if even Schismaticks may enjoy Christ , though they be in open Hostility with his Authorized Representative . §. XVIII . The Evil of Schism not avoided , but incurred , by complying with the Usurpers . As for the Case of Schism which he pretends to be avoided by them by their compliance with the Usurpers , this Evil is so far from being avoided , as that it has been occasioned by it . The Doctor cannot deny but that their communicating with the Intruders , has occasioned a notorious breach of Communion , which on one side or the other , must needs be Schismatical . All therefore that he can pretend , is , that they , by complying , are not chargable with the crime of the Schism that has been occasion'd by it . How so ? it is because if we had also done as they have done , there had been no Schism . Very true . But it had been full as true , if they had done as we have done . This pretence therefore leaves the Criminalness of the breach as uncertain as before , and necessarily puts them ( for tryal of that ) on the merit of the Cause . And if that be enquired into , all the Presumptions , as well as the particular Proofs , are in favour of us , and against them . We were plainly one before this breach . As therefore the branch it self is new , so the guilt of it must be resolved into the Innovations that occasion'd it , which will , by unavoidable consequence , make them chargeable with the breach who were guilty of the Innovations . The Innovations that have caused the breach , are the disowning our old Bishops , and substituting others in their Places , whilst themselves are living , and continue their Claim , and are not deprived by any Authority that had really a Power to deprive them . But in these instances , they , not we , have been the Aggressors and Innovators . Do we own the Old Bishops for the true Bishops of these Sees , of which they have pretended to deprive them ? And did not they do so too , as well as we , before the Deprivation ? And what had they to pretend for themselves , why they do not so still . Besides this very Sentence of Deprivation , which the Doctor owns to be invalid ? And how can they justify their disowning them upon a Sentence confessedly invalid ? This new behaviour of theirs , they must wholly own , as it is new , to be their own . We only continue to own our Holy Fathers , as Dr. Hody himself and his Brethren did formerly . As for the Second Act , the setting up new Bishops in opposition to our Fathers , they cannot excuse themselves from being the Innovators , and concerning us , they cannot pretend it . They have made the new Bishops who consecrated them , and they also who own them by communicating with them , or their Consecrators , These have intirely been the Acts of the Ecclesiasticks . Yet without these , all that the Lay-Power could have done , could never have formed a Schism , nor divided our Communion . And as to what has been done on both sides , we can better excuse our selves , than they can . Could they and we have consented to have acted Uniformly , there could have been no Schism : But we can better account for our not complying with them , than they can for not complying with us . On their side , they have nothing to plead but worldly Considerations . They could not doubt of the Lawfulness with regard to conscience , of doing that on their side , which , if done , had prevented the Schism . They can pretend no obligation in Conscience , for setting up other Bishops , as we can , for not owning them ; till they can prove us fairly discharged in Conscience , which they , as well as we , were obliged in , in regard of the old true Proprietors . They could pretend no cementing Principles essential to the subsistence of the Church , as a Society , and a Communion independent on the State , obliging them to comply with these encroachments of the Politicions , for making Spiritual considerations to give way to Temporals . They could pretend no Catholick Authority of the Church , in any Age , approving what was done by them , as we can of the best and purest Ages , for what has been done by Us. They could not pretend any such united Authority , of even the Church of England , before this change , for many things wherein we differ now , as we can . So far thay have been from avoiding Schism by these compliances , or from purging themselves from the guilt of the Schism which has followed thereupon . § XXI . The abuses that may follow on Compliance , are a just reason to refuse it , where it is not otherwise , in Conscience , due One Inconvenience the Doctor himself foresees , which he seems to own as justly chargeable on their Principle : That by a submission to the Possessor , the Civil Governour is like to be encouraged to tyrannize over the Church , and to turn out such Bishops as he does not like , whensoever he pleases , though never so unjustly . This must necessarily be the Consequence of defending such Practices in such a way as the Doctor has done , not by conside rations particular to the present Case , but by such Topicks as the Doctor has insisted on , which ( if they prove any thing ) proceed in general , that is , prove Bishops obliged in general , to yield their Rights as often as they are invaded , and Subjects as generally absolved from their Duty to such Bishops though the Bishop should think fit to assert their Rights . Both of these are asserted by him on account of the irresistibleness of the force which brings on the violence , which is an Argument that must always hold on the side of the State , in all Disputes that she has with the Church . These things asserted by Ecclesiasticks , such as the Doctor is , must for ever encourage the Laity , who are not acted by great skill , as well as good inclinations to Religion , to believe they do well in what they do of this kind , and therefore to repeat it without any scruple . But how does the Doctor pretend to avoid this Consequence ? He first pretends that the same Inconvenience is in all manner of Government . Particularly , that a Synod may also be encouraged to unjust Sentences by our acknowledging an Obligation to submit to such Sentences , if passed Synodically . But we are far from making Abuses Arguments for denying just Rights : Nor does our Cause require it . We are only for denying Obedience to an incompetent Authority , that invades Rights which do not belong to it . And for this it is certainly a very just reason for denying them what they have no Right to , if yielding will encourage them to the like Injuries and Usurpations frequently , which it must needs do , if they must never expect opposition , how frequently soever they are pleased to renew the Injuries ; nay , if Persons concerned against them , shall encourage them in the belief that they are no Injuries at all . However if the Injustice had been equal in the encroachments of incompetent Judges and Synods ; yet the danger is not . In Synods nothing can be transacted but by a majority of the Episcopal Order . So the Episcopacy it self is secured by a majority of Suffrages against any mischief that can be acted against it Synodically . But in a Lay Judicatory , the whole Authority may combine against them , and ( God knows ) is too likely to do so in these days of Irreligion , when their Revenues are more regarded than their Function . This Authority therefore is not to be trusted to dearest Friends , who are in any disposition to be otherwise . Much less to those who are under present jealousies and disaffections to their whole Order . § XX. No security ●ere that compliance will not be abused . The Doctor adds Secondly , that here in England it is not the will of the Prince that can turn out a Bishop . And that King and Parliament may by compliance be encouraged to depose Bishops at pleasure , that Supposition , he says , is wild and extravagant . As if he had never heard of a Parliament , even in England , that did not only deprive Bishops at pleasure , but Episcopacy it self . As if he knew not that Men of the same principles are notwithstanding qualified to serve in our Parliaments As if he were perfectly ignorant of the Case of Scotland , where notwithstanding the interest the Bishop have by the Fundamentals of the Government , as on of the Three States in which the Legistative Power is seated ; Yet not Bishops only , but Episcopacy has been extirpated , as far as the Votes of the Laity can contribute to the extirpation of it . There the Doctor may see , what he seys he cannot imagine , that what he calls King and Parliament can concur for the deprivation , not of a Bishop only , but of Episcopacy . And we have little security that it shall not be put in Practice , if we must by Principles , as he does , allow them to do it here , upon an occasion that they shall judge Extraordinary . That Extraordinary occasion is not very difficult to be found by them , who make Spiritual considerations give way to Temporal . The use of the Cathedral Revenues for carrying on the present expensive War , is likely enough to be judged so . And the Psalmist , who was himself a King , has warned us not to put confidence in Princes . The Doctor indeed tells us , that the Bishops here have the same Security that other Subjects have . I am sure they ought to have it , not only for the reason of the things , but by our Constitution . Their Rights ought to be accounted more sacred than any other Rights or Liberties of the Subjects and therefore more inviolable . All the Sacredness that has been made use of by our Legislators for securing them , has been derived from the interposition of the Clergy , who , if they be not treated as sacred themselves , can never secure other Rights which have no other sacredness than what they derive from the intervention of the Clergy . But if he considers how little Laws often signify considering those who are allowed the Authority of Authentically Interpreting and Executing them , and what Principles are now allowed in those who are thought qualified for that Authentical Interpretation and Execution ; I know no sort of Subject that he could pitch on that either have been , or are likely to be , treated so arbitrarily by our Legislators . The Laity in Henry the VIII ths time , dissolved whole Bodies of the Clergy , and alienated their revenues , without any consent of those Bodies , or of any Authorized to represent them , without any Legal trial or eviction in any form of Law. When has any such thing been ever attempted against any Lay Bodies by their Representatives in Parliament , who were chosen to preserve , not to oppress , the Liberties of those who chose them . The other States have presumed to eject the Spiritual State , who as a State , have as sacred a Right in the Fundamental Constitution of the Legislative Power as themselves . And the Commons have turned that President against the Temporal Lords . What if the Lords Spiritual and Temporal should turn it upon the Commons also ? Could they think this agreeable to the design of the Constitution ? The Law certainly never intended such violences between those who are equally fundamental to the Legislative Power , and who have no Legal Judges or Tribunals appointed by the Law for determining differences between them by way of Judicial process and Authority . Thus the Doctor may plainly see , that in the Opinion of those who justify these proceedings , and who are therefore likely to plead them as Precedents , Clergy-men have not the same Securities that othe Subjects have , if Persons so Principled , make a Majority in our Legislative Assemblies . I say no more at present for making Application , how probable it is for such Principles to gain acceptance with the majority . I should be as willing as any to presume better things , if I could see reason to believe them . But our best security is certainly to assert Principles that my not put it in the power of any to ruin our Spiritual Society , and to be true to them . He adds , There is nothing more manifest than that this Inconvenience is not so likely to happen as those Evils we endeavour to avoid . Why so ? These , he says , are certain and present , That only possible . If they be certain and present how can they pretend that , by their compliance , they have avoided them ? If they have not avoided them by complying ; how can they pretend that the benefits of their compliance can have made amends for all the further Injuries they may expose the Church to for the future , by suffering such ill practices to pass into Precedents for want of a timely opposition ? Methinks he should have made the avoidal of the feared evils certain and present , not the Evils themselves , if he would have spoken consequently to the exigence of his Case . But it is too true , that the Evils themselves are present , and that their Compliance has not avoided them : The Schism is so notoriously . And so is the Persecution also to all that will be true to their old Principles , and to their old Communion . For , what favour has been shewn on condition of deserting old Principles , can by no fair Interpretation be extended to that Church , whose Principles they were . So far as they hold firm to their old Principles , they are still liable to the Persecution ; and so far as they desert them , so far they also cease to be of the Church , whose Principles they have deserted . Few Persecutions have been so severe , but that they might have been avoided by desertion . But the further Inconvenience likely to follw on this compliance , is more than possible . It is as probable as most events are that depend on Humane Wills. It is a natural Consequence , and a Consequence likely to be drawn by Persons so Principled ; and there are but too many that are so , and too tempting occasions to put them in mind of , and to engage them on , such Inferences . § XXI . That abuse it a greater mischief than that it can be made a mends for by the Doctors Expedients . Yet 3ly , should this Inconveniences follow ; the Doctor thinks himself provided against it . Though the Government should be so very dissolute as to turn out frequently the Bishops of the Church without any just Cause ; yet who ( says he ) can look upon that mischief to be comparable to that of a Schism and a Persecution ? If he could find in his heart to be as much concerned for a more noble Society , when it can intitle him to nothing but sufferings , as he is for a less noble one , that can give him revenues ; I cannot think he could be so indifferent for bearing frequent Injuries by invalid Deprivations of its Governours , which cannot discharge Subjects from their Duty in Conscience to those which are so deprived , He would be sensible , how this would tend to the dissolving such a Socièty that must have its Governours removable at the pleasure of a hostile Society , whensoever but pleased to invade Rights not belonging to it , without any remedy or relief by insisting on their own Rights , which the Doctors Principles make unpracticable . And what Schisms or Persecutions can be worse to a Society than dissolution ? He would be sensible , there is now a Schism , and a Persecution . That our late common Body is now divided , that his late Brethren upon Principles of Conscience are now Persecuted ; if he could not otherwise believe , he would feel , if he had the compassion of a living Member : If he had the Zeal of the Apostle , when he used that passionate Expression , Who is offended , and I burn not ? If he had any sense of the afflictions of Joseph . He would be sensible of the many future Schisms that must follow upon the frequency of these Encroachments , upon his own loose Principles , that neither allow Bishops to assert their own just Rights , nor oblige Subjects to stand by them when they do so , as long as there shall be any Bishops that shall think themselves obliged to assert them , and Subjects that think their doing so will not discharge themselves from Duty to them ; that is , as long as there are any that are true to the concenting Principles of the Church as it is a Society and a Communion . He would be sensible , that upon such Brethren as these , such frequent encroachments would draw frequent Persecutions . So far his Principles and Practices are from securing our common Body from Schisms and Persecutions . But it seems he has forgot all concern for his old Brethren upon the surest most uniting Principles of Brotherhood ; nay for our common Body , and of the terms upon which it was common to us formerly . If he had not , he would not think our Common Body so unconcern'd in our Divisions , and our Persecutions . But what , says the Doctor , can the suffering of a few particular men be , when compared with the Peace and Tranquillity of the whole Church besides ? Not so much undoubtedly , if the few had been Men of singular Opinions , of no consequence for the good of the whole ; if they had not been such as all ought to have been , if they would cement into a Body by any solid uniting Principles . The suffering of such , how few soever , would have involved the whole Church , if all its Members had been such as they should have been . It is therefore the unhappiness of a Church that such Members are but few . So far it is from being a Consideration to be boasted of that the Majority avoids sufferings by doing otherwise than becomes them . If the Doctors regard to Multitude alone had been true ; then whenever there was an Apostaoy , the Church would be , by so much , the more happy , by how much , the more had been engaged in the Apostacy . These Multitudes would call themselves the Church as confidently as the Doctor and his Party do now , and would as little regard the sufferings of a few particular Men as our late Brethren do . I am sure the antient Catholicks did not so little regard the sufferings of a few particular Men , in a common Cause . In the Eastern Empire there were very few that incurred the displeasure of Constantius besides Athanasius and Paulus . In the West no more than five Bishops are reckoned that suffered for their constancy . The rest might have pretended generally to as much Peace and Tranquillity as our Adversaries do now . Yet he was not than taken for a true Catholick , who was as unconcerned as the Doctor is , for the few particular Men that suffered . Nor do I see but that the Cause of Episcopal Authority , and Ecclesiastical Subjection , is of as great and common importance to the Church in general as any one Article of the Faith can be . This the Vindicator has proved , nor has the Doctor vouchsafed any Answer to what he has produced for it . Indeed the whole Expedient insisted on by the Doctor seems very strange to me , that he should think to secure the Church from Schism by allowing Subjects to desert their Ecclesiastical Superiours on pretence of irresistible force , and by by renouncing all Principles that may oblige Ecclesiastical Subjects to adhere to their Ecclesiastical Governours , whensoever the State shall be pleased to refuse to pretect them , and thereby renouncing all Principles that may oblige them in Conscience to continue a Society independent on the State. These Principles and Practices leave them at liberty to form and maintain as many Schisms as they please , when the Decrees as the Church are not seconded by the Civil Power . How then can the maintaining so licentious Principles be taken for an Expedient for preventing Schism ? The Doctor withal would have us consider , That it was not for the Bishops that the Church was established ; but the Bishops were appointed for the sake of the Church . Hence he concludes , that it is not the welfare of the Bishops as the Bishops are these or or those Men , much lese of some few particular Bishops but the welfare of the whole Church in general that is chiefly to be regarded . This is a pretence for all Rebellions and Innovations whatsoever , to make the Persons invested with Authority , to be regarded only as private Persons , whose Interests are different from those of the Publick , which the Innovators pretend to promote by removing their private Persons , and substituting others in their stead . Nor indeed need any Rebel desire any more . Let the Head of the Rebellion be the particular Person , and the controversy is soon determined . He will pretend no quarrel with the Publick , but only whether he or the present Possessor shall be the particular Person that is to be intrusted with the Publick ; and to be sure , will pretend it to be for the Publick Interest , that of the two , himself should rather be the Man , if for no other reasons , at least for those of the Doctor , viz. Irresistible force , and the Peace and Tranquillity of the whole , which he is otherwise resolved to disturb . And the same pretence is applicable to any other from of Government as well as that which is Monarchical . The Administration of it cannot be managed but by some few chosen out of the whole Body , and then those few are only so many particular Persons , against whom the Publick Good may still be pretended , if others may judge of it . But this is so general a Principle of Rebellions and intestine discords , that all well constituted Societies have used all means they could think of , to secure themselves against it . How private soever the Interest might seem to particular Persons to have the Government committed to them , or to be invested in a Right to it , yet when once they were possessed , or had a Right , the Publick has thought it self concerned to oppose , and to provide against , a violent dispossession , and has allowed no pretences of Publick Good , where the dispossession could not be compassed by any other means than by force . Hence these very severe Laws against any thing that might look like force to the Persons of Governours , especially those that were Supreme , Hence their Arts of making their Persons Sacred , to secure them from those violences against which the force even of the Community it self was not able to Secure them . What need of all this care , if they had thought it fit still to have regarded them only as particular Persons ? The Book of Judith , when it would express how the Nations despised King Nabuchodonosor , does it thus : He was before them as one Man Jud. I. 11. What difference is there between this language , and that of the Doctor ? The same Societies , have also taken security that no pretence of publick good should ever be made use of against the Persons of Governours , by allowing none others for Judges of the publick good besides the Persons invested with the Government , and allowing them so to Judge as to conclude all Private Persons . And there was reason why Societies should be so concerned against violent removals of their Governours , because they cannot be violently removed whithout violence to the whole Societies which are obliged to defend them . If therefore they do their duties , the whole Societies must suffer violence , and he over-powered in the removal , which must consequently subject them to the arbitrary pleasure of the forcible Usurper . And to take the Doctors way is yet worse , to desert their Governours . This perfectly dissolves the Government and disables the Governour to do any thing of his Duty to the Publick . Thus it appears how destructive it is to his whole Cause to own the deprivations of our H. Fathers invalid . Where then can be his Answer , if even himself grants all that we are concerned to assert in the Question principally disputed between us ? § XXII . The main dedsign of the Doctors new Book in arguing from Facts already overthrown by the Vindicator , yet no notice taken of what was there said . But far be it from me that I should oblige him to any unwary Concessions , if at the same time he has produced any thing solid in his Book to prove them unwary . I am therefore willing to consider the main design of his Book , if I can even there find any thing that can deserve the name of an Answer , that is , That is not either acknowledged to be unsufficient by himself , or that had not before been prevented by his Adversary . And what is , upon these accounts , made unserviceable , cannot certainly , in the sense of any just Judge , be taken for a solid and satisfactory Answer . The main design of his Answer to the Vindication is still to carry on the Argument by him imputed to his Baroccian M. S. to prove by an enumeration of Facts ( which the Doctor will needs have pass for Precedents ) that Deprivations by the Lay-Power have been Submitted , to , and the Intruders own'd by the Subjects of the Dioceses out of which the Lawful Possessiors had been Uncanonically ejected . Now this being nothing but the old Argument , I cannot , for my part , see any reason the Doctor can pretend , why the old Answer of the former part of the Vindication may not still be insisted on as sufficient , till at least , he offer at something to the contray , which he has not as yet so much as attempted . The Vindicator has there shewn the Unconclusiveness of that whole Topick from naked Facts , without something more particularly insisted on for proving them Justifiable by true and defensible Principles . Especially in those lower Ages in which the Author of the Baroccian M. S. deals , and to which the Doctors new Examples are reducible , the Vindicator has shewn , that nothing is to be presumed to be well done , which has no other Evidence of its being so than that it was actually practiced in those degenerous Ages . And what has the Doctor attempted to the contrary ? Nothing , but that he has added some New Facts to those enumerated by his Baroccian Author , and that he has endeavoured to defend some of the old Facts that they were such as he pretended them . But neither of these things can pass for Answers , whilst that Part of the Vindication remains unanswer'd . For how can he secure his New Facts when all of their kind have been prov'd unconclusive ? And to what purpose does he endeavour to prove those few , he has meddled with , of his Authors Facts , to have been for his purpose , when the former Part of the Vindication has already evidenced that tho' they were so , that would not be sufficient for carrying his Cause ? § XXIII . The Doctor himself is unwilling to stand by the Consequences of such like Facts as himself produces . So far he has been from Answering , that himself confirms the Vindicator's sence upon this Argument . * He professes beforehand his own unwillingness to be concluded by such Instances as himself has produced , though they should appear to be against him . Why so , if there had been any reason that he should have been concluded by them ? Why so , if he did not thereby own that the Reasons given by the Vindicator against the Argumentativeness of such Facts were Solid and concluding ? And how then can he find in his heart to insist principally in his following Book on that very kind of Facts , which he has acknowledged so unsafe to be relyed on in his Preface ? He cannot pretend to argue ad Hominem , when the Vindicator had so expresly enter'd his Exceptions against that whole Argument . He cannot do it in his own Person , when he professes himself unwilling to stand by the consequen ces of it . And how can he have the confidence to obtrude that upon Us , which he does not believe himself ? In what sense can he take this whole reasoning for Argumentative when it does not proceed ex concessis ; when it proceeds on one Premiss , at least , not granted by either of the Parties cancern'd in the Dispute , neither by Us , nor even by himself ? How can he possibly mistake a Book , which proceeds principally on such Reasoning as this , for a Solid and satisfying Answer . § XXIV . The Doctors remark against the Reasoning of the First Parts of the Vindication concerning the Possession of Cornelius turned against himself . Thus it appears that the Principal Answer of the Vindicator to the Doctors Book remains still in its full strength untouched and unconcerned in all the Doctor has said in his new Book . What is it therefore that he can pretend to have Answer'd in it ? What is it that either makes his Book need , or his Brethren so clamorous for , a Reply ? Has he Answer'd the Vindicators Argument for Us , from Facts more justifiable , more agreeable to Principles , and to Principles more certain and indisputable in the times of greatest Ecclesiastical Authority , in the earliest , and purest , and unanimous Ages ? On this he has bestowed one single Paragraph , in which he has offered nothing that can affect the principal Lines of the Vindicators Reasoning and Hypothesis . * All that he pretends is to observe one single disparity between the Case of the Primative Christian Bishops and OURS . Yet so unhappily , that even that disparity , upon a closer examination is likely to prove none at all . He tells Us that Cornelious was in Poffession when Novatian was set up against him . Very true . But how can he deny that our Fathers were in as true a Possession , with regard to Conscience , when their Rivals Usurp'd their Thrones , as Cornelius was ? He can pretend no Possession of which our Fathers were deprived but such as depended on the pleasure of the pretended Secular Magistrate . The Secular Act could not pretend to deprive them of any thing but what was Secular , their Baronies , their Revenues , the Priviledges annext to their Function by the fovour of the Secular Powers . And can he pretend that Cornelius was possessed of any thing of which the Magistrate could deprive him ? As for Spiritual Rights , I cannot see the least disparity but that OUR Fathers were as properly possessed of them as HE was ; as properly as any can be in a State of Persecution and independence on the Civil Magestrate . OUR Bishops were Consecrated and Installed with all the Solemnities requisite for a compleat Possession , before the contrary encroachments were thought of . That Possession was acknowledged and ratified by all the Acts of intercourse and Spiritual Correspondence , by which any Spiritual possession can be acknowledged by our Natinal Church of England . This Possession of Spirituals has not been touched by any Spiritual Authority , that can be pretended a proper Judge of Spirituals , that might discontinue this Possession as to Spirituals , and with regard to Conscience . All this OUR H. Fathers can truly plead , for their Possession as to Spirituals , at the time of the Schismatical Consecrations . And what can the Doctor say more for the Possession of Cornelius against Novation ? His District and Jurisdiction as to Spirituals , were manifestly not own'd by Cornelius for favours of the Magistrate . This being so , we need not depend on a SAYING ( the Vindicator prov'd it independently on St. Cyprian's saying it ) that SECOND BISHOPS are NO BISHOPS for proving his Intruders to be NONE . The Doctor himself confesses , that a Second , that is , a Schismatical Bishop , an Intruder into a See already filled and possessed , is no Bishop , is confessed to be St. Cyprian ' s Doctrine . And this has now appeared to be their Case for whom he is here concerned . § XXV . The Doctor 's Book offorded no Subject for a Reply , but what would be Personal . Besides ; these great neglects and omissions of the Doctor were so separable from an accurate management of the Cause and so peculiar to his Person , that I knew not how to secure my Answer from meddling with his Person , with whom I had no mind to deal in any other way than that of Civility and Respect . In reference to the Principal Argument relating to Conscience , he has brought so little New , as would hardly afford Subject for a useful Answer . Yet the shewing that he did so , which was requisite to be done , if an Answer were made at all , methought looked like a design of exposing his Person , which I was willing to be excused from . I have always liked those Defences best , which had the least mixture of Personal considerations , not only as more Christian , but also as more useful to those who are disengaged . This made me think it more advisable to wait till either the Doctor himself , or some other able Author would be pleas'd to attacque the principal strength of the Vindication . § XXVI . The Doctor 's turning the Dispute to later Facts draws it from a short and decisive , to a tedious and litigious , Issue . But the principal discouragement of all from Answering was , that the Doctor seemed to me to draw the whole management of this Cause from a shorter and decisive , to a tedious and unconclusive , Issue . The Doctor 's Talent lies in History , and therefore he is willing to bring this Question also to an Argument that may give him an occasion to shew his skill in History . Had not this been his Case , why could he not be prevailed on , to say something to the reason of the thing ? Especially having in the Title of his Book , promised a stating of the Question . But where he pretends to have performed his Promise , I cannot guess . I can find nothing in his Book , but what concerns bare matter of Fact. Had he offered at any stating of the Question , why would be not at least take notice of the distinction of Facts observed by the Vindicator , of the Facts excepted against , and the Facts allowed by him , for Argumentative ? Had he not allowed the Distinction , at least he ought not to have produced more Facts of the Exceptionable kind , till he had either answer'd the Vindicator's Exceptions against them , or at least produced stronger Arguments of his own , to prove his own Facts also Argumentative . If he did not think fit , either to Answer the Vindicator's Reasons , or to produce his own , why did he not confine himself to the Practice of the first Ages proceding on Pinciples than received by the whole Catholick Church , and Fundamental to all the Discipline then practised ? Had he done so , the Vindicator professing himself ready to joyn issue with him on those Terms , had been indeed obliged to Answer him But how can he expect an Answer , when the Vindicator's Exceptions against the whold kind of Facts he deals in , remain , I do not say unanswer'd only , but , not so much as attempted by him . § XXVII . We have no reason to suffer our selves to be overruled by him in these Arts of diverting Us. What himself designed in so unreasonable ways of proceeding , I will not pretend my self so privy to his thoughts , as to be able to determine . But it is easie to observe the interest of his Cause in it . It shews indeed a greater variety of his Reading , than if he had confined himself to the Precedents of more decisive times But withal , it obliges Us , if we follow him in all his Instances , to write larger Books than we can ever hope to get printed in the Difficulties of the Press on our side . We cannot hope to satisfy him , by answering some of his Instances , if we do not all . And why must we be obliged to follow a way of his prescribing , which we cannot hope to go through , when we can reduce the whole Dispute to narrower , and yet more conclusive bounds ? He gives us small encouragement to gratify him in this Case , when he tells us that he will not be concluded by what we can say upon it , though we should prove the Practice of these later Ages , from which he will not be restrained , otherwise than he pretends it was . And why must we take so much pains to no purpose ? Why should he desi●e it of us , it his design had been to satisfy Conscience , either his own , or ours ? § XXVIII . We decline his Topick of Facts , rather because it is undecisive than because we think it disadvantageous to Us. Considering the difficulties of our Case , how hard it is even to get small Discourses printed , it concerns Us to endeavor all prudent Arts of contracting the Question into as narrow a compass as we can , and by no means to suffer our selves to be distracted to impertinent Arguments , till what we have to say on pertinent ones be first satisfied . This will be sufficient , perhaps more than so , to fill up what can be allowed , whilst the Intruders have the power of the Press . We shall not envy the Doctor the pleasure of seeing his Challenges and Gantlets refus'd , if he will not be pleas'd to confine them to more useful Subjects . He has already seen a Specimen of what might have been answer'd to all the Facts he has or can produce , in what the Vindicator has said to the Facts insisted on in his Baroccian M. S. The Ages he deals in , were very degenerous from the Piety and Skill of their Primitive Ancestors , to whose Judgments we appeal . Yet I do not think any of them so far debased , as that they either did , or would have insisted on the Doctor 's Plea , that Lay Deprivations were sufficient to discharge them from their Duty to their Spiritual Superiors . He that is so forward to make Challenges , would do well to shew us one single Instance wherein this Doctrine was directly defended , I do not say by the Ecclesiasticks only , whom I take for the most competent Judges of Ecclesiastical Doctrines , but even by the Parasites of the Lay Power . For my part , I remember not one single one . The Emperors themselves who acted so precipitantly as to deprive without Synods , did however after use their uttermost endeavours to get a Synodical ratification of what they had done before by violence and indirect artifices . So far even they were sensible how little what they did of that kind , would be regarded in relation to Conscience . This is sufficient to let the Doctor see that our declining this Topick , is not for want of sufficient advantage against him in it , if the Press had been as free for Us , as it is for him ; but because it is impertinent and unsatisfactory . § XXIX . For want of some other Subject relating to the Vindication , we here pitch on the Case of Abiathar . This I thought sufficient to shew how little the Vindicator is obliged to return any Reply to the Doctor 's pretended Answer , till the Doctor can be prevailed on to try his skill on the former and principal part of the Vindication . But this is so particular to the Doctor 's Personal management of the Cause , that I could not think this alone worthy the Reader 's trouble in perusal of it , without some other Subject of more importance to the Cause it self . This therefore made me think of selecting something of the Doctor 's Book , which ( though it cannot be taken for an Answer to the Vindication , which had said nothing concerning it ) yet might give an occasion for clearing a particular Prejudice against us , insisted on by many more besides him , abstracting from the Principal Topick of his Book concerning Facts in general . Of his kind , I take the Case to be of Solomon's deposing Abiathar , which may , even on the Doctor 's account , deserve a more particular consideration , because he seems to have taken the greatest pains , in amassing the several Hypotheses relating to it , of any one particular in his Book . Here they find a High Priest * removed from his Office by Solomon , and another , that is Zadoc , † put in his room , yet without the least scruple concerning the Validity and Acceptableness of Zadok's Ministry , with relation to God and Conscience . This they think exactly parallel to our present Case . § XXX . This Fact is not commended in the Scripture as a Precedent . But Fist , This Fact is barely related in the Scripture , without any Censure on it , whether it was well , or ill done . And it is not indeed condemned , so neither is it excused or justified from any Right asserted in Solomon to do it . Yet the whole force of Reasoning from it as a Pre sedent , must suppose it well done , for which they have not the least intimation in the Holy Writers . The whole Enquiry , whether it was well , or ill done , must therefore be derived from other Reasonings from the sense of that Age , by which it may appear whether Solomon had any Right in Offices of the Priest-hood , by which he might be enabled to grant , or hinder , the Practice of it , so as to oblige God to ratifie what he did concerning it . And for this it is much more certain . § XXXI . The Magistrate could not by the Doctrine of that Age , have any direct Power over the Priest-hood . 2dly , That the Magistrate had no direct Power of intermedding in the Offices of the Priest-hood , according to the sense of the Sacred Writers . This appears not only from Facts much more Argumentative than this is , but also from Principals professedly asserted in those times The Facts are , Saul's being deprived of his Kingdom , for presuming to sacrifice in the Absence of Samuel , though he pretended a * force that obliged him to do so . Then also the Fact relating to Uzzah , † who was struck dead upon the Place , for presuming out of good will , to stay the Ark , in danger ( ashe thought ) of being overturn'd , only because he was not one of the Priests by Office , who were alone allowed by GOD even to touch it . A Third is that of King Uzziah , * who likewise , for presuming to Sacrifice , was punished by GOD with Leprosy , ( which in those times was taken for a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and plainly supposed as such in all the Discipline of Moses relating to it ) and by being so , removed from the Administration of the Government , of which he was thereby rendred incapable . Here are Facts attested by the same Authority as the other of Abiathar was ; but not so nakedly related . The Facts themselves discover not only the sense of the Writers , but of GOD himself . His interposing his own Authority in the Cases , shews plainly that those Facts were highly displeasing to him , and piacular ; than which , what can be more decisive for our purpose ? Nay GOD took particular care , through that whole dispensation , to assert the Rights of the Prie sthood , as immediately depending on himself , more than he did , even for the Magistracy . In the † Rebellion of Corah , Dathan , and Abiram , he asserted the Priest-hood , not only against the Reubenties , but the Levités also . And * Aaron's Rod that blossomed , was laid up for a Monument against such Mutiniers for all suceding Generations . Plainly to exclude the whole Body of the Laity , from ever more presuming to pretend to it , † that no Stranger that was not of the seed of Aaron , come near to offer Incense before the LORD ; that he be not as Corah , and as his Company . So the Holy Writer expresly . And that even Kings were not excepted , appeared manifestly in the Examples now mentioned of Saul and Uzziah . And before the Institution of Kings , the Cause was carried against the whole Body of the People , in the Cases of Corah and Aaron's Rod. Nay to cut off all pretensions of the Priest hood being virtually at least , and eminently included in the Regal Office , the Holy Writers do still suppose the Priest hood to be the Nobler Office of the Two. As it advanced the Dignity of the Peculiar People that GOD had separated them to himself from all other Nations , so in the same way of Reasoning , it is a preference of the Tribe of Levi above all other Tribes , that GOD had * separated them from the Congregation of Israel . Accordingly , when the Right of Primogeniture was taken from Reuben , and divided between Levi and Judah ; the Priest hood , as the principal part of it , was given to the Elder Brother of the Two. And as it advanced the whole Nation of the Israellites above all the Nations of the Earth that GOD himself , the Supream infinitely perfect Being , was their Portion , and the Lot of their Inheritance ; and that indeed it was the Segullah or Peculium in contradistinction to all other Nations ; so when the same GOD is pleased to stile himself the Levites portion , that very Appellative imports their Excellency above all the other Tribes out of which the Kings were chosen , and makes them a Peculium in contradistinction to the other Peculium , which had no other Title to that stile , but what was common to the whole Nation in general . §. XXXII . The Benefits of the Priest-hood out of the Power , and far greater than any in the Power , of the Civil Magistrate . Nor can this be thought strange , if we consider the Opinions than generally receiv'd concerning the Benefits then expected from their Perist-hood , far greater than could be pretended to by the Civil Magistrate . This was indisputable , when its benefits were believ'd to extend to the Future Life as well as this , as it was generally believed by the Jews of the Apostolical Age ( excepting only the Sect of the Sadducees , ) and as we Christians are assured of it now in the times of the Gospel . Whether those Rewards were by GOD eexpresly Cove nanted for , or only as a Divine gratuity reserved for the Peculium as his Favourites , more than could be expected from the Letter of the Covenant ; or whether they were implicitely understood , as included in the Mystical sense of the Covenant it self , as either discovered by the Mystical Reasonings , or the Oral Traditions of their Ancestors , is not perhaps so easie to determine . Yet certain it is , that they were actually and generally believed by the Jews of the Apostolical Age. This appears in that it is noted as a singularity in the Sadducees to deny them ; Thence it appears , that the Three other Sects of the Pharisees , Essens , and Galilaeans , were all agreed against the Sadducees in asserting them . And how inconsiderable the interest of the Sadducees was then , appears in the Apostle's taking Sanctuary in the single Sect of the * Pharisees alone for securing himself against them . Now all the Challenge of the. Benefits proper to the Peculium , depended on the Right they had to partake in the publick Sacrifices , and the Covenant transacted in them . God's Promises were his part of that Covenant , and the Covenant is expresly said to have been by Sacrifice , Psal. L. 5. that being the Ordinary way used in those times of transacting Covenants between Mankind also . As therefore it was in the Power of the Priest-hood , to which the Right of Sacrificing was then confined , to admit to , or exclude from , the participation of the Sacrifice , so it must consequently have been in the power of that Sacred Function , to grant or deny , these Benefits , which were not attainable otherwise than by those Sacrifices But these are Benefits manifestly beyond the Power of the Magistrate , and manifestly greater than any to which his Power does extend . The Magistrate can conser no Title to Future and Eternal Rewards to Persons otherwise never so well qualified for receiving them . He cannot oblige the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to ratify in Heaven , what is transacted by him on Earth , as the High Priest could , who was ( in the sense of those times ) taken for his Authorized Representative . GOD , at his first permission of Kings , neither suppressed the Priest hood , nor united it in the Person of the King : And therfore there can be no pretence that what was not otherwise in his Power , was put in his Power thence forward by any particular provision or gift of GOD. How than could he pretend to to that Power ? How could he give or take away a Power from others , to which himself could not pretend ? How could he suppose his Act would be ratified in Heaven ? Or how imagine GOD obliged by it , to reject the Priest whom he as Prince was pleased to reject , and accept of others who were permitted only by his Authority to officiate at GOD's Altar ? And what could all his intermedling in these matters signify , if he cannot oblige God to ratify what is done by him ? if notwithstanding GOD should accept of the Person rejected by him , and reject the Person obtruded by the Civil Magistrate ? Nothing certainly , with regard to Conscience , which is the principal consideration in this Case . § XXXIII . The ancient Jews of the Apostle's Age did believe their Priest hood available to a future and a eternal state . I cannot for my Life , conceive how our Adversaries can avoid the force of this Argument , if the Benefits procured by the Sacerdotal Office were thought Spiritual , and principally relating to a future and eternal state ; things perfectly out of the Power of the Magistrate , and incomparably exceeding whatsoever is within it . And that this was the sense of that Age , I need not insist on the Article of our own Church . It sufficiently appears from the earliest coaeval Monuments of that Age , not only that they thought the Sacerdotal Office to have influence on the future state ; but that they did on that very account , believe it superior to the Office of the Civil Magistrate . Besides what I now mentioned concerning their agreement against the Sadduces , the Two only Jewish Authors that we have undoubtedly coaeval with the Apostles , Philo and Josephus , are both of them sufficiently clear in these particulars , That the Priests Ministry was thought available for the future state , what can be clearer than those Words of Philo ? Where he tells us , that * Priests and Prophets were Men of God , and therefore did not vouchsafe to account themselves of any particular City in this World , or Citizens of the World in general ( as some of the Philosophers did ) but soared above all that was sensible , and being translated to the Intellectual World , fixed their Habitations there , being registred in the City of Incorruptible Incorporeal Ideas . And it were easie to shew , that the Language and Notions of the N. T. concerning the correspondence between the visible Priest hood on Earth , and the Archetypal † Priest-hood of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Heaven , and between the visible Tabernacle in Jerusalem , and the true ‡ Tabernacle in Heaven , not pitched by Men but God , were perfectly agreeable to these Notions of Philo , who was such as the Apostles were before their Conversion to the Christian Religion ; and that all the Benefits of their outward Ministry , were thought due to this Mystical Communication with that which was Invisible ; by which it may appear , that those words of Philo were perfectly agreeable to his avowed Principles . Now how could the Magistrate pretend to promote or interrupt this Mystical communication between the Earthly and Heavenly Offices ? How could he therefore advance any Person to that Dignity , or exclude him from it ? Josephus also is as clear in owning a future state , which by these Principles could not be claim'd by any but on account of this Mystical Communication , and consequently of that Priest hood , which was thought to have a just Title to it . He also expresses that state by the Laaguage of the * Christians also of that Age. To these I might add the Testimony of a third Tewish Hellenist , the Author of the Apocryphal Book of Wisdom . He also , Personates Solomom making the Temple built by himself to be a Resemblance of the Holy † Tabernacle which God had prepared from the beginning . Which shews , that this Mystical Communication was understood , even then when that Author lived , who seems to have been elder than even the Apostles themselves . How could the Magistrate pretend to any Right in Affairs of this nature ? § XXXIV . And consequently , did expresly own it for mor Honourable than the Magistracy it self . So far is he from any Right to intermeddle in these matters , that if these things be true , the Priest hood must needs be own'd for an Authority of a higher nature , and more Noble than even the Magistracy it self . Nay , this very Consequence was inferred from those Principles , and own'd as true in that very Age. Philo owns it for the highest honour possible : Speaking concerning the Words of Moses there mentioned , * Using ( says he ) an Hyperbolical Expression of Honour , GOD , he says , is their lot , with relation to the Consecrated Gifts , on Two Account : one , of the Highest Honour , because they are Partakers of those things which are by way of gratitude , allotted to GOD : The other , because they are employed on those things alone which belong to Expiations , as if they were Guardians ( or Gurators , that is the Roman Word ) of the Inheritances . The Similitude seems to be taken from the Roman Custom of making Tutors and Curators of young Heirs , whose Estates , till they themselves came to Age , were said to be the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of such Tutors and Curators , being till then , at their disposal Supposing that the Revenues of GOD were so at the disposal of the Priest , as the Estates of the Young Heirs were so at the disposal of the Curators . This Philo takes to be the reason why GOD was pleas'd to call himself the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the Priests , as if GOD himself had been their Pupil , which was indeed a very Hyperbolical Expression of the HIGHEST HONOUR that could be ascribed to Mortals . But this is general only . He else where expresly equals , nay prefers the Dignity of the Sacerdocal Office to the Regal . He equals them in that same Discourse . It is manifest , says he , that the Law prescribes that reverence and honour to the Priests , which is proper to the King. In another place he prefers the Priest hood . These are his Words ; † Priest hood is the properest reward of a Pious Man , who professes himself to serve the Father , whose service is better , not only than Liberty , but also than a KINGDOM . Nor was this a singular Opinion of Philo. Jesephus also is of the same mind . The Scripture it self owns the Power of Moses to have been Regal , when it calls him a * King in Jeshurum ; when it says , that the † Voice of a King was among the Israelites , there being no other besides Moses who could pretend to it . And his Right was as absolute , and as free from any Judicatory then established , that could call him to an Account , as any of the Kings themselves . This , at least , is manifest , that the Supream Power of the Jews as to Seculars , which is all that I am concerned for at present , was lodged in him , and in him alone , and that he had no Rival in it . Yet Moses himself , as Josephus Personates him , owns his Brother's Priest-hood as preferable to his own Office of the Magistracy . For so he makes him speak concernig his disposal of the Priest-hood : ‖ If I had not had regard to God and his Laws in giving this Honour . I would not have endured to pass my self by , to give it to any other . For I am more nearly related to my self , than I am even to my Brother , and more disposed to love my self them him . He plainly supposes him to have denied himself in what he had done in distribution of those Offices , which he could never have said , with any consistency , if he had reserved himself the nobler Office of the Two. This Mr. Selden was not aware of , when he therefore conceives the Author of the Testaments of the Patriarchs to have lived in modern times , because he prefers the Priest hood before the Civil Magistracy , as if that Doctrine had been first brought in , in the times of the Popes Encroachments on the Right of Princes in the West . Had he recollected himself , he might have found the same Doctrine in the East , and in those Earlier Ages , wherein no Examples could be found of such Encroachments . He might have remembred that the Work he there disputes of , was brought by Lincolnieufis first from the East to these Western parts , and therefore was written by an Eastern Author , where there were no Bishops pretending to a Civil Independency on the Empire , or to a Right of deposing Princes , and absolving Subjects from their Oaths of Allegiance , who might have been gratified by such Doctrines . For my part , I take that work to have been written in the Apostolical Age. It is expresly quoted by Origen , long before such Encorachments on Temporal Rights were thought of It is written in the Hellenistical Greek Hebrew Stile , then ordinarily used , when the Apostolical Converts had formerly been for the most part Jews , bevond the skill of the Modern Times to have imitated it . Besides , it mentions the Apostolical times as the last times , a mistake frequent in the Reasonings of those times , but which could not have been believed by any who lived at an Age's distance from them . It has very little ; if any thing , relating to the Destruction of the Temple by Titus , which the Design of the Author would have obliged him to have been large in , if he had lived after it . These things considered , will make that Work also fit to be considered , as another Testimony of the Sense of the Jews in the Ages of the Apostles ; the Style and Notions of the Author making it , every way , seem probable that he was a Convert from them . This Doctrine therefore being then believed , must perfectly have destroyed all Pretensions of the Magistrate in Affairs of this Nature , at least , in the Opinion of those who believed it . The Magistrate of this World , could not , in his own Right , challenge any Power in things relating to the other World. The only way therefore left him , by which he might challenge it , must have been some Donation of GOD. Yet niether for this was there any the least Pretence . No Text of written Revelation ever so much , that I know of , as Pretended for it . And no likelihood for it , in the Nature of the thing it self . No probability , that GOD would intrust Concernments of a Nature incomparably more Noble , with a Magistracy less Noble than the Trusts committed to it . No probability , that GOD would hereby expose interests so much in themselves more valuable and dearer to himself , to the hazard of being postponed to those less noble ends for which the Secular Magistrate was principally concerned . These things supposed , cut off all Pretensions of Right , imaginable in such Cases . And the dreadfull Examples of GOD's Severity against meddling in Holy things without Right ; even in the Cases of Saul and Uzziah , who were themselves invested with the Supream Civil Authority , must have been thought sufficient to deter all Posterity from intermedling in such matters , without very just and evident Claims of Right for doing so . § XXXV . This same Reasonning holds on account of the Priest representing GOD , though without relation to a Future State. Nor did this Reasoning hold only our Supposition that the Benefits of the Priest-hood were thought to extend to a future State. Though it had only related to this World , as all other Priest hood besides that of the Jews , did undoubtedly ; yet even so , there was no reason to believe the Civil Magistrate had any Rights to dispose of it . This at least was thought certain that the High Priest who could oblige GOD to accept him and his Obligations , ( without which all his Ministry must have been unavailable ) must first have been suppos'd to derive Authority from God. Had the Priest only represented the People , there might have been some pretence for the Magistrates interest in appointing and removing the Person of the Priest , as being himself invested with all the Power that can be derived from an Original purely Humane . But as the Priest has a Power of Blessing and Cursing Authoritatively , so as to oblige GOD to ratify his Blessing and Curses , as Men have qualified themselves respectively ; so it is certain that he cannot oblige GOD , unless he represent GOD , which he can never do , unless GOD have granted him Authority to do so . And as he does not only offer the Peoples Prayers and Sacrifices , but offers them with a Title to acceptance , so he must himself be a Person acceptable to GOD on account of his Office , which he cannot be presumed to be if he come into his Office any other way than GOD has appointed for his Admission . Indeed the whole ground of his obliging GOD depends on GOD'S Promise , which is GOD'S Part of the Covenant . And in this regard none can oblige GOD but the Priest , and no Priest but he who has before been appointed by God to do so . Covenants are mutual , and therefore require , and give Security , on both Parts concerned in them . The Priest therefore , as , in a lower sense , mediating in this Covenant between GOD and Man , is to procure Security on GODS side , as well as on ours . This he cannot do but by obliging GOD to promise Performance on his part , of what is to be done by him as his part of the Covenant . And that Promise being GOD'S part of the Covenant , he cannot be obliged to it any other way than as he is obliged to the Covenant it self . Nor can he be obliged by the Covenant , if the Priest be not first Authorized by him to Covenant for him , and to oblige him by that Act of his own Authority . Thus there , fore it appears that the Priest as a Common Mediator in a Covenant between GOD and Man , must therefore be invested with a Divine , as well a Humane , Authority . § XXXVI . And that also according to the Opinions of those times . Nor was this Reasoning only true , but also believed to be so in the times I am now discoursing of . St. Paul plainly supposes it as true of Priests in general , in his Reasonings in the Epistle to the Hebrews , That Priests ought to be Authorized by the GOD for whom they are to Officiate . Every High Priests taken from among Men is ordain'd for Men in things pertaining to GOD , that he may offer both gifts and Sacrifices for Sin. Heb. V. I. And he tells us by whom they were so taken and ordained , v. 4. No Man taketh this honour to himself ; but he that was called of GOD , as was Aaron . The Proposition is Universal . Accordingly he observes that CHRIST also glorified not himself ; to be made an High Priest : But he that said unto him , Thou art my Son , to day have I begotten thee , v. 5. And that he also was called of GOD an High Priest , though of the Order of Melchisedec . v. 10. The Duty must be Universal , when he Reasons thus upon it from the Aaronical Priest-hood ( which himself counts of another Order Chap. VII . 11. ) to that of Melchisedec . The Apostle here Speaks exactly according to the sense of the Old Testament . GOD there also says concerning Aaron and his Sons : I have given your Priests Office unto You. Numb . XVIII . 7. And again : Behold I also have given Thee the Charge of mine ●eave offerings , of all the hallowed things of the Children of Israel . Unto thee have I given them by reason of the Anointing , and to thy Sons , by an Ordinance for ever . v. 8. This was said after the punishment of Korah , and the Second confirmation of the Priest-hood to them , by the blossoming of Aarons Rod. No doubt with a design to intimate that they who should come in otherwise , should be as Korah and his Company ( so it is expressed Chap XVI . 40 ) though not in the Miraculousness of their Punishment , yet at least in the Unacceptableness of their Ministry . It is withal observable further , that GODS giving the Priest hood is said to have been by reason of the Anointing , that is , by the Rites of Consecration . It is certain . GOD did intend , as in other things , so particularly in his Priests , on occasion of whom he says it , to be Sanctified in them that come nigh him , Lev. X. 3. In order whereunto it was requisite that they also should be Holy as he was Holy : This was a federal and external Holiness , upon account of their being initiated into their Office by the external and federal Rites of Consecration , among which this of the Anointing was the principal . Whosoever therefore was not thus Anointed , was , for that very reason , presumed not to be Holy , nor therefore acceptable to GOD , and consequently uncapable of the Priest-hood . But this Anointing required not only the Holiness of the Oyntment , but of the Person also that administred it , and that in a higher degree than could belong to the Civil Magistrate . The Princes indeed had an Unction , and were by that enabled to perform some lower Acts of Consecration . So Solomon makes the Prayer of Dedication of the Temple . But the principal Consecration of the Temple was by the Sacrifices , in which the forementioned examples of Saul and Uzziah shew that the Prince had no Right to intermeddle . What Moses did in the Consecrating Aaron and his Sons , was by special direction from GOD , and before GOD had confined to Priest hood , and therefore could not be made a Precedent afterwards . After that first Consecration was performed , we never find Moses any further intermeddling , but he leaves all the Acts of Priest hood afterward to them who , by that first Consecration , were Authorized for them . The Unction and Holiness of the Priest-hood did so far exceed the Unction and Holiness of the Regal Power , that the Princes intervention in the Consecrating of a Priest could not , in the sense of those times , be taken for the Act of GOD , requisite for giving a Priest-hood . It is very true , the King , on account of his Anointing , was counted Holy. And so were all the Congregation holy . Numb . XVI . 3. And it is reckoned among the Privildeges of the Peculium in General , that they were a Holy-Priest-hood . Yet that did not excuse them from a great Piacular crime , whenever they invaded any Offices of their own Priest-hood . Every lower degree of Holiness was counted Prophane in comparison of that which was above it . As therefore the Gentiles were reputed Prophane in comparison of the Jews , who were equal in Holiness to the Gentiles Priest hood ; so the Laity of the Jews were reckoned Prophane in Comparison of the Levites , as the Levites also , in comparison of the Ordinary Priests , and those also in comparison of the High Priest ; and were accordingly treated by GOD , it they presumed on Offices higher than those committed to them . Though therefore the Prince was more Holy than the Laity . yet that did not warrant his invasion of the Office of the meanest Levite . So far it was from giving him any Power over the High Priesthood it self . He had no Power of Inaugurating , and therefore had none of Exaugurating , to speak in the old Roman Pontifical Style . § XXXVII . Solomons Act on Abiathar was only of Force . Thus it appears on all accounts , that judging by the Doctrines received in that Age , Solomon could not pretend any direct Power , for depriving Abiathor of his Priest hood . Hence it follows 3ly , That all that Solomon could do , on account of his Regal Power , was only to exercise that external Force on him , which he might justify , on consideration of his Secular Crime , as his Sovereign in Seculars , which though it could not in Conscience deprive Abiathar of his Right yet might ( in the Consequence ) make all the exercise of his Right impracticable . And indeed the words of the Text imply no more than what was the effect of pure force . So Solomon THRUST out Abia thar from being Priest unto the Lord , 1 Kings 11. 27. And that very agreeably to the true importance of the Word there used . The vulgar Latine renders it ejecit . The LXXII . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The Hebrew roo is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the LXXII . render 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but most frequently , as in this very place , by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , words all of them denoting violence . Nor can we think that this Word , rather than any other that might have been used , was chosen without a particular design . That seems to be to let us understand , what I have now been proving , that Solomon could not make Abiathar cease to be a Priest unto the Lord by any Judicial determination that might directly affect his Right , but by the force now mentioned , which might make the Exercise of his Right impracticable . This Solomon might do by banishing him from Jerusalem , and confining him to Anathoth . § XXXVIII . VVhich Force might , in the Consequence render the Exercise of his Right impracticable . For it is to be remembered , that the Jewish Priest-hood included seveveral Secular Rights , which must therefore have been in the Power of the Secular Magistracy ; and as to the Spiritual Offices , was so confined to places , which the Magistrate could hinder the Priests from by his Power of External Force , that , in case he would make use of his Force to hinder them , the whole Exercise of the Right of Priest-hood would thereby be rendered impractable . It included , by Divine Institution , many Secular Rights . Particularly , as to the Oracle of Urim , by which many Secular Causes were to be determined , and by which , ( on account of the Governments being Theocratical ) the Supream Civil Magistrate as well as the Subject , was in Conscience to be concluded . This was consulted by the Elders of Israel concerning their designed Expedition against the * Benjamits , by Saul on the miraculous victory of † Jonathan , by David in the Cases of Sauls Exepedition against him , and the treachery of the Men of Keilah , and his own Expedition against the Philistians . And the Elders of Israel , even in the time of Joshua , are blamed for not * Asking Counsel at the Mouth of the Lord in the Case of the Peace made with the Gibeonites , by which we understand the Obligation of the Civil Magistrate , as well to consult , as to observe this Oracle . And in private Cases , when a Cause fell out † too hard in Judgment , that is , for the Decision of the Ordinary Judges , between blood and blood , between plea and plea , and between stroke and stroke , as in the time of Moses , they consulted him , and he consulted GOD ; so afterwards the ordinary course was , to make the Ultimate Appeal to the Priests ( no doubt the High Priest more principally , ) and to stand to their award under of pain Death . These Causes which concerned blood and blood , and stroke and stroke , were undoubtedly Secular , as also the Capital punishment to be afflicted on those that proved refactory . These Secular Rights GOD annext inseparably to the Priest-hood . But the execution of them wholly depended on the Power of the Sword , which GOD was pleas'd intirely to permit to the Civil Magistrate , whom the Priests could therefore only oblige in Conscience , which obligation if the Magistrate would not regard , it was fully in his Power to hinder the Execution of such Decrees . So also , even the Spirituals of that Sacerdotal Office depended on things in the Power of the Civil Magistrate . The Lawful Priest himself could Sacrifice no where but in the Temple , and at the Altar of Jerusalem , and in the particular Vestments prescribed by the Law. If he did , such Sacrifices would not only be unacceptable , but Piacular . This the Romans very well understood , when , by locking up the Vestments in the Fort Antonia , and by keeping a guard there that should command the Temple , to which the Fort was contiguous , they engrossed the disposal of the High Priest hood intirely to themselves . And it was also in the Power of Solomon to make the whole Exercise of Abiathar's Priest-hood impracticable , by the like force which he had a Right , as a Prince , to exercise , where he should judge it necessary for the good of the Secular Society , for which he was principally concerned . This was an indirect Power over Abiathar's Spirituals in order to his own Temporals . § XXXIX . Yet Solomon was in Conscience obliged to be cautions in exercising this Force against the Priest-hood . But then it is to be considered further 4ly , ( by the opinions of those times grounded on Reasons lasting still ) Princes , though they had that Power annext to their Office , were notwithstanding obliged in Conscience , to be sparing in the Use of it against such Holy Persons as Abiathar was . Holy places were every where , by the consent of Civilized Nations , allowed the Right of protecting such as fled to them , if they were not guilty of the highest Piacular Crimes . Thus it was in the Case of * Adonijah , and others mentioned in the Old Testament . Thus , in the Cases of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Supplices , among the Greeks and Romans , The Piaculum Cylonianum among the Athenians was famous . Though † Cylon justly deserved what he suffered , yet because some of his party were killed in the Sanctuary , the displeasure of the Deity , on that account , was to be atoned by a Solemn Expiation , which was performed by Epimenides . And if the places were thus reverenced on account of their Consecration , much more the Priests from whom they received it . This is exactly the Reasoning of our Blessed Saviour in a * Like Case . Accordingly it was a general Rule : † Touch not mine Anointed , for whose sakes even ‖‡ Kings also are said to have been reprov'd . This was the Security of the whole Peculium of Israel , among the many Nations through whom they passed in their Expedition from Aegypt to Canaan . This was the Security of the Prince himself , that none could * Stretch out his hand against the Lord 's Anointed , and be guiltless , That is , without being guilty of a Piacular Crime . And how could Solomon hope that Assassinates would regard his own Anointing , if himself had violated an Anointing so much greater and Holyer then his own , from whence his own was derived ? This reverance also to Holy Persons obtained by the consent of Civilized Nations , which is to us an Argument of the Law of Nations . Aesop as a Person Holy and beloved of the GODS was revenged by them . The like was their Opinion of several Poets also , as Pindar , Stesichorus , &c. And this also was among them Translated to the Interests of the Civil Magestrate , The Tribunes of the People among the Romans were first secured by it . Afterwards the Emperours were so also , by having the Tribunitian Power and the Pontificate annexed to their Office. And how far this opinion prevailed , even among the Jews of those Earlier Ages , appears plainly in the Murder of Abimeleck and the Priests by Saul . His own * Servants could not be prevailed upon to do it . None indeed but † Doeg the Edomite , who being of an other Nations might be supposed to have less regard for the Jewish Consecration . And there was particular reason for this revernce to the Priest-hood in the Jewish Governments as it was Theocratical . As it was such , the Magistrate was more particularly obliged to do every thing according to the mind of GOD himself whose Vicegerent he was . And GOD being the principal and Supream Governour , he was as much concerned in every thing , to take care that it were performed according to his pleasure , as every inferior Magistrate is bound , at his peril , to do every thing according to the mind of the Supreme Legislator , rather than his own . This would oblige the Prince to value every thing according to the esteem that GOD was pleased to put upon it . and therefore to make Religion his Principal Care as it was certain GOD did , and to make his own Interest to give way to the Interests of Religion , and the Honour of his own Function , to the Honour of the Priest-hood , as he would approve himself faithful in the Trusts committed to him . That GOD had given the less Noble Office a more effectual Security , as to this world , against encroachments , he had reason to look on as a Wise provision for the Publick , that where there might otherwise have been the most Specious pretentions , and consequently the greatest Temptations to encroaching , there might be the lesser advantage for it . But it ought by no means to embolden him to be the first aggressor . He had reason to fear , in those Ages so Famous for the frequency of Divine interpositions , GOD himself might the rather think himself the more obliged , by the Rules of his own Providence , to vindicate the Sacred Power , by how much the more he had left it destitute of Humane Patronage . Uzziah afterwards found it so . This therefore must have obliged Solomom to use the Coercive Power granted him , rather in his own defence , than in a way that might , even in consequence , look like violence to so Holy an Office , § XL. What Solomon did was only to fullfill what GOD had before threatned against the Family of Eli. And to make it probable that Solomon had these very considerations before him , to contribute nothing by his Legal Force to this deprivation , but what was agreeable to his own Station and the mind of GOD ; I observe 5ly that the Text it self gives a Reason of what he did , perfectly Suitable to such thoughts , that he did it only as an Executioner of the Prediction of Samuel concerning the removal of the Priest-hood from the House of Ithamar . The Words are these : * So Solomon thrust out Abiathar from being Priest to the Lord , THAT he might fulfil the Word of the Lord , which he spake concerning the house of Eli in Shilo . I know very well that this particle that , is used in the N. T. when a Prophesy was fullfilled in the Event , though he who fulfilled it knew nothing of the Matter . But the circumstances of this place make it probable that Solomon knew what he did , and intended the accomplishment of that Prophesy , and that what he did was done by him purposely , for that very end , that he might fullfill it . The Prediction was very notorious , being twice repeated , first by a Man of GOD , 1 Sam. II. 27 , then by Samuel also , Chap. III. 11. as the first initiation of him into his Prophetick Office , which recommended him to all Israel from Dan to Beersheba , as one that was established to be a Prophet of the Lord , v. 20. It was also in both Cases notified to Eli himself , that all , as well Friends as Enemies , might know it . How therefore can we believe Solomon ignorant of it ? Then the distance of the time between Eli and Abiathar was such , as that there was reason to expect that it should be fullfilled in Abiathar , if it were fullfilled at all . Such punishments of the Children for the Parents were not usually deferred beyond the fourth generation , as appears from the words of the 2d Commandment . So also in the Heathen History , the treachery of Gyges against Candaules was punished in Croesus , who was in the fourth generation descended from Gyges ; as Jehu's Conspiracy was also , in his fourth generation , in the Sacred History . By these Examples we find a consent in those Traditions of the earlier Times . And the distance between Eli and Abiathar could not be less . * Josephus indeed makes Eli to have been the Grand-Father to Abiathar . But it is certain that they were further removed than so . Abiathar was himself the Son of Ahimelech , and Ahimelech the Son of Ahitub . So Ahitub must have been his Grand-Father . Thus it appears that Abiathar was , at least , in the fourth Generation from Eli , whose Sin was to be punished in him . Further yet , Ahitub is said to have been the Brother of Ichabod , the Son of Phineas , the Son of Eli , 1 Sam. XIV . 3. Thus Abiathar will be the Vth from Eli , ( if both terms be included ) and in the 4th Generation , in the utmost way of counting possible . There was therefore no reason to expect any further delay of that punishment which had been so long before predicted . And therefore Abiathar was the Person in whom it was to be expected . This being so , Solomon could not but look on it as very Providential , that Abiathar should be permitted by GOD to fall into the conspiracy of Adonijah , and thereby to incur his Royal displeasure , in whose Power it was to execute the Divine Sentence on him , by that Power of Force which GOD had committed to the Prince . It tended withal very much to confirm the same Observation , that , for above 40 Years since his first evil ( for so many years were contained in Davids Reign reckoned from the death of Saul ) Abiathar should have no Posterity that might Succeed him in his Office , if this was indeed his Case . For by this it appar'd necessary that if he were depriv'd , the whole family of Ithamar should be deprived also , at least the Family of Eli , as the Prophesies forementioned had foretold . For as for the rest of his Family , Saul seems to have destroyed it universally . These Observations put together might give reason to believe , that this was the very time design'd by GOD for the accomplishment of this Prophesy . At the same time Zadok was firm to Solomon's Interests , which seemed to tend to fullfil the Prophesy to Phineas of an everlasting Priest-hood , implying that the time should come , when the whole succession from Aaron should be confined to the Family of Phineas , which therefore was not to fail together with the other collateral Branches derived from Aaron . But I rather believe , that Abiathar's Family did not fail intirely , which still makes further for my purpose , that what Solomon did in this matter , was really with a design and prospect on the Prophesy it self . Otherwise , had he only designed a Personal punishment for Abiathar , that might have been done by removing him form the Priest-hood , and Substituting the next of the Family of Ithamar in his place . What he did more is not , any other way , so well accountable , as by supposing him to have had a direct design of fullfilling the Prophesy . It is otherwise as apparent from the Prophesy it self , that Eli was to have a Posterity that was to Survive the fulfilling of the Prophesy , as that they were to be deprived of the Priest hood by it . What else can be the meaning of those Words ? * And it shall come to pass , that every one that is left in thine House , shall come and crouch to him ( the faithful Priest before mentioned , not of Eli's Family ) for a piece of Silver , and a morsel of Bread , and shall say Put me ( I pray thee ) into one of the Priests Offices , that I may eat a piece of bread . Now , in this way of Reasoning here mentioned , GOD himself had declared his pleasure that Abiathar , and the House of Ithamar too , should be deprived of the Priest-hood ; and deprived at that very time . So that Solomon had nothing more to do in it , than to use that Lawful Power God had given him for forcing him out of his Possession . § XLI . Abiathar was not then the High-Priest ▪ properly so called , but Zadok . But whatever Solomon's concernment was in the Deprivation of Abiathar , I add farther , 6ly that it was not an Example , so far it was from being a Precedent , of a Deprivation of a High Priest properly so called . I deny not but Abiathar was a High Priest , but not in the appropriated Sense . The N. T. History and Josephus , mention whole Bodie of High-Priests , who with the Bodies of the Scribes , made up the Jewish Judicatories relating to Religion . These might consist , partly of those who had been High-Priests , partly of the Heads of the Several Sacerdotal Families , partly of the Heads of the Sacerdotal courses . But the High Priest concerned in our present despute , is he only who answered our Christian Bishops , as a Principle of the Unity of the Jewish Communion , as the Bishops are in the Christian. This could have been only one , the chief of all who were called by the common name of High Priests , who could be the Principle of Unity . And I deny Abiathar to have been High Priest simply in this appropriated Sense . * For Zadoc is frequently mentioned with him , yet so , as that he is always preferred before him . And this , in Davids time as well as Solomon's , which plainly shews that this Superiority did not begin from the Expulsion of Abiathar . From that time he was alone , and therefore had so little reason to be reckoned in the first place , that he had no reason to be joined with him at all . Indeed he was every way Superiour to Abiathar , as well in order of time , as in the Dignity of his Office. In order of time . For he is joined not with Abiathar only , but with † Ahimelech also , and so joyned with him as still to have the precedency of him also . If Ahimelech be the true Person designed to be joined ▪ with Zadok in these places , he cannot be the Son of our Abiathar , * as the Doctor fancies , because both places refer him to the time of David If he were his Father , then as it is certain that Ahimelech was put to Death by Saul , so it must be certain that Zadok who was coaeval with him , must have been in the time of Saul also , and before Abiathar . But perhaps there may have been an easie transposition of Ahimelech the son of Abiathar , instead of Abiathar the Son of Ahimelech , in both Places . So they will be parallel to those other places now mentioned , where they are so joyned , and the time of both will agree with the time assigned them in the Text , that of David , whose Reign will hardly admit of any Collegue for Zadok , besides our Abiathar . Besides , as the time of David is inconsistent with either a Son or a Father of our Abiathar , so neither was the Father of our Abiathar , the Son of another Abiathar , but of Ahitub . Unless possibly both Father and Son of had both Names , that of Ahimelech and of Abiathar also . It is certain that Ahimelech the Father , under whom David did eat the Shew bread , is in the Gospel called * Abiathar . But whether I may securely reason from these Readings or not , it is certain from the Unanimous Consent of so many other places , that Zadok was High Priest , and Superiour to Abiathar in that Office , even in the time of David . This is at once sufficient to overthrow the Doctor 's Fancy , that Zadok's High-Priest hood commenced from the Expulsion of Abiathar , and those of Josephus also , and of the Rabbins , who made the High-Priest hood , for many Generations , translated from the Family of Eleazar , to that of Ithamar , and not restored to its true oncient course , till this dishonour of Abiathar . § XLII . There were in those times two High-Priests at once ; the chief , such as Zadok was , of the Family of Eleazar , the lower , such as Abiathar , of the Family of Ithamar . They had no Books to inform them in this matter more than we , no other coaeval Writings but the Scriptures , which no where assert any such matter in plain terms The only way remaining therefore how they might gather this Opinion thence , must be by their own Reasoning and Consequences . And it is not very difficult to guess what those might be . There is indeed no High Priest mentioned in the interval from Phineas to Abiathar , but Eli , Ahias and Ahimelech , all of the Race of Ithamar . Thence they conceived that all the stock of Phineas for that time , were private Persons ; not-invested with the High-Priest hood . But the Name of High Priest is never given to any of those Predecessors of Abiathar , much less in the appropriated Sense of which I am now discoursing . How then do they come to know that they were High-Priests in the Sense here disputed ? Is it because Ahias ministred before the Ark , and Ahimelech and Abiathar gave Divine Answers to David ? But how do they know that this Office of giving Responses by Urim , was so the prerogative of the first High-Priest , that it might not in his absence agree to the lower High Priest of the Junior Family ? Why might not the Two Families take their turns , for the mutual ease , in these Offices of attending the King , as the Ordinary Priests did afterwards in their 24 Courses in attending on the Temple ? And why might not these times fall on the courses of Ithamar ? The great occasion of their mistake is , that judging of the Customs of these more ancient times by more modern practices , they thought none capable of wearing the Ephod , by which the Oracle of Urim was given , but the High Priest , properly so called in the appropriated sense , in which there could be no more at one time , but one . And that which gave them this Occasion , was , that this Ephod is reckoned among the Garments peculiar to the High Priest , in contradiction to the Priests of lower Orders . But upon a closer examination , they might have found that the High-Priesthood , as to the execution of it , was common to Aaron and all his Sons , and therefore that the Vestments were so too , only with dependence on him , while he lived , and on him who should afterwards succeed him in his Prerogatives , as first and chief of those who did yet all partake in the execution of the High-Priest-hood . This seems clear in all the places where the High-Priesthood is spoken of in the Pentaeuch . Aaron is hardly ever mentioned without his Sons , as joint sharers with him in it . The first Command was , that * Aaron and his Sons should be taken from among the Children of Israel , that HE might minister in the Priest Office. They are * consecrated together , and by one common Form , which seems plain to imply , that the Power communicated by that Form , was common also , only reserving the Rights of the Prerogative . Their † Washings were the same , and their * Unction also , which was the principal Rite of Consecration , which entitled them to all the Right they could pretend to as the Lord 's Anointed . The † Offerings were also common among them , both those which were to be shared by them , and those which were offered for them . The Form of * Blessing the People prescribed to both , is exactly the same . And from this power of blessing , the † Apostle reasons , in judging the greatness and excellency of Priest-hoods . The * Levites also were given in common to Aaron and his Sons . And even in this very particular of the Vestments , Aaron is not mentioned alone , but his Sons also are joined with him . The Holy † Garments were for Aaron and his Sons , that he might minister unto GOD in the Priest's Office. That HE alone is so often said to minister , even when THEY also are joyned with him , shews plainly their dependence on him , as a Principle of Unity . Accordingly all Aaron's Sons were joyned with him in this Affair . So the Text runs , * That he may minister unto me in the Priest's Office , even Aaron , Nadab and Abihu , Eleazar and Ithamar , Aaron's Sons . So that all the Four should have had High-Priests , if they had all of them left Posterity . This is expresly given as the Reason why the common Rights were only succeeded to in the Families of Eleazer and Ithamar , that the other Brethren left no Posterity . † Nadab and Abihu died before their Father , and had no Children ; THEREFORE Eleazar and Ithamar executed the Priest's Office. Wherein then consisted that Appropriation of those Vestments to the High Priest properly so called ? That there was but one of those Vestments made , which could therefore , on no occasions , be worn by any more than one at once : That these were in the custody , or at least , at the disposal of the first High-Priest , and could therefore be worn by none of the rest , without his particular Favour and Indulgence : That they were therefore worn only by that High Priest , who was the principal in the particular respective Ministry : That therefore they were worn by the first High Priest as often as he ministred , because he never could be other than principal ; but by the second , never but when , by the absence of the first , he thereby came to be principal . And hereby a clear account is given how the High-Priest's Office was performed , in case of the Sickness , or Uncleanness , or any other incapacitating Circumstance , of him whose particular duty it was . In this Case , the second High-Priest might perform it for him . This was a Case which might probably and frequently fall out , and therefore was particularly to be provided for in the Constitution . The rather , because in the day of Expiation it might have been of formidable Consequence to the whole Nation , if the Solemnity of that great day had been omitted , even on what account soever , and thereby the Annual Sins of the Peculium had not been attoned for . The Rabbinical Sagan , is not a Scriptural but Chaldee Term , and therefore wholly derived not from well-attested Traditions , but later Reasonings . § XLIII . No deprivation of the Posterity of Phineas in those times . Thus therefore it appears , that all the Conjectures of the private Life of the Posterity of Phineas , till the expulsion of Abiathar , are perfectly groundless and precarious . They who first thought of it , ought to have considered how this was reconcilable with the Promises made to Phineas of an * everlasting Priesthood , if either he , or his immediate Posterity , had been deprived of the Priesthood , and not restored till so many Ages after . None could have thought it reconcilable , who had lived in those Ages before the Restitution . Nor are there any later Demerits of Phineas pretended , that might occasion , nor any Prophecies that gave the least warning of , even that Interruption , in an Age whose Rewards and Punishments were particularly adapted to Mens Behaviour in this World. It now appears , that Ithamar's Posterity might , by this Constitution , officiate as High Priests , without being so in the strict ense of the Word . It also appears , that on account of the same Constitution , Zadok was before Abiathar , as being of the Elder Family of Eleazer , and that therefore his being always mentioned before Abiathar was grounded on the real greater Dignity of his Priesthood before that of Abiathar . Whilst Aaron lived , we have seen how his pre-eminence , and his Sons dependance was maintain'd , by his being said to do what they all assisted him in . This therefore being the Prerogative of the Principle of Unity , must have descended from Aaron to his Successor in the Prerogative . Accordingly we find , at Aaron's Death , that the Right of his Vestments did not descend to his Sons in common , but only to * Eleazer . This Josephus himself confesses to have been 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , on account of his Primogeniture . What made him then not think on some better account than that he gives , why Zadok is preferred to Abiathar , even in the time of David ? All the Reason he gives for it is , that he was his , that is , David's † Friend . How is this reconcilable with what he says elsewhere , that the Posterity of Phineas did * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , were private Persons till this restitution of the Priesthood by Solomon , to the Family of Phineas , at the Expulsion of Abiathar ? Yet even in this † later place also , he owns that Zadok was High Priest under David . Could the Restitution be made by Solomon , and yet Zadok be High Priest in the time of David ? Was it likely that so religious a Prince as David could prefer a private Person before the High Priest , only because he was his Friend ? But it was the plain Testimony of the Scriptures asserting the Priesthood of Zadok in the time of David , that forced Josephus to these Contradictions to his own Reasonings . He might have found a better Title for Zadock than David's Friendship , if he had but remembred that Zadok had the same Title with Eleazer , which himself had founded on the Right of Primogeniture . But we need not ground Zadok's Right on the bare Opinion of so inconsiderate , and therefore so inconsistent , a Writer . The Scripture it self is sufficiently clear in this matter . Speaking of the Garment's of Aaron , no doubt those peculiar to the High Pristhood strictly understood , it adds , * And that son that is Priest in his stead , shall put them on seven days when he cometh into the Tabernacle of the Congregation , to minister in the holy place . The Sacred Writer manifestly supposes only one of his Sons that had so frequently been joined with him in the Administration of his Office , who could succeed him in the Right to the Vestments : And who could that one Son be , by the Customs of those times , who could plead the best Title to succeed him in incommunicable indivisible Prerogatives , but the Eldest ? How then can we doubt of the Title of Zadok before Abiathar , Zadok being descended from the Elder Brother ? § XLIV . Zadok put in the room of Abiathar , as to the Courses of Ithamar , which were not under him before . But then the Difficulty will be , how these Words are to be under stood ; Zadok the Priest did the King put in the room of Abiathar , 1 Kin II. 35. Not certainly , of his being then put first into the High Priest's Office , if what I have already proved hold true , that Zadok was already possessed of a nobler station in the Priesthood before , than Abiathar himself was . That had been a degradation of Zadok , rather than a promotion of him . But we have another , and an easier and more probable account of it . * David had before divided the Two Sacerdotal Families of Eleazar and Ithamar , into four and twenty Courses , whereof sixteen were of the House of Eleazar , and only eight of the Family of Ithamar . Those of the Family of Ithamar were committed then to the Care of Abiathar : For him I understand , as I said before , by the Name of Abimelech , who was indeed the Son of Abimelech . The room therefore into which Zadok succeeded upon this Exile of Abiathar , was the Management of those eight remaining Courses of Ithamar , which were not under him before . Thence forward therefore , all the twenty four Courses were under the Disposal of the House of Eleazar . Yet so , that the High-Priest of the Family of Eleazar , did not immediately take care of them , but committed them to another nominated , as it should seem , by himself , but not one of the House of Ithamar . This I take to be the Second Priest mentioned , 2 Kin. XXV . 18. Jer. LII . 24. in contradistinction to the Chief Priest , who was the High Priest properly so called , in the confined sense of the Word . And these eight Courses of Ithamar , I take to be meant by them who are elsewhere called the † Priests of the second Order , not hitherto so commonly understood . And perhaps the Levites also of the second Degree , 1 Chr. XV. 18. were they whose particular Office it was to attend these Priests of the second Order , the whole Tribe of the Levites being given , as I observed before , to Aaron and his Sons , in common . And that these second Priests , under the House of Eleazar , were not , as formerly , confined to the House of Ithamar , I take to be the ground of the Inconvenience the Posterity of Eli were like to be reduced to by this Change , as it is expressed in the Prophesy concerning it , that they were to crouch to this second Priest , in order to their being put into one of the Priests Office , 1 Sam. II. 36. There was more necessity of crouching now , when they had to do with one not so nearly related to them , than when they were always secure of having one to deal with , who was of their own Family . This might be the Sagan , mentioned by the Rabbins , in the Language used after the Captivity , who , though he were more subject to the true High-Priest of the House of Eleazar than formerly , might yet be serviceable to him in the same capacites that those were in , who had been of the House of Ithamar , in officiating for him , when himself was under any Legal Impediment for performing his own Duty , in his own Person . § XLV . The Jews , by our Principles , could not justify a separation on account of Abiathar . Their Case not like Ours . Hence it follows 7ly , that , even by our Principles , the Jews had no reason to make any Separation on Abiathar's account , though we should suppose him deprived , not unjustly only , but invalidly also . For supposing his deprivation invalid , all that can follow is , that still he retain'd the same Right as to Conscience , which he had before . But even that would not have sufficed for to justifie a Separation , on his account . Even before , not he , but Zadok ; was the Principle of Unity . So that , in case of difference , they were still secure in adhering to Zadok , in opposition to all others whatsoever , whoever he were that occasioned the Separation . Even before , therefore , Zadok , owed no duty to him , but he to Zadok ; and consequently , not Zadok , but he . had been guilty of the Schism that would have followed upon the difference . If such an invalid deprivation could not affect , or weaken , the Title of Abiathar , as to Conscience , much less can it be pretended to affect that of Zadok , who was not any way concerned in it . Even before , the Duty of the Communicants , in case of such division , had been still owing to Zadok ; and therefore they also must have involved themselves in the Schism , if , upon pretence of their duty to Abiathar , they had violated their more sacred and obliging Duty to Zadok , to whom Abiathar himself owed Duty , as well as they . Indeed they owed Abiathar no Duty at all , but in subordination and dependence on their antecedent Duty to Zadok : And therefore when that subordination and dependance had been taken away , as it must have been by a notorious Separation , they could not then owe Abiathar any duty at all ; and therefore thy must have broken their duty to Zadok , in paying any to Abiathar . For thus it is in other subordination also . Whilst a General does himself observe his own Sovereign , his Soldiers cannot pay their duty to the common Sovereign , without paying it to the General , who has the Sovereign's Authority to exact duty from them . But if the General , revolt , they are judged Rebels , as well as he , to the common Sovereign , if , upon any pretence whatsoever , they pay him any Duty at all . So far this Case therefore is from being paralled to that of our present Holy Fathers , that here the Reasoning and the Duty lie directly contrary . If our Fathers still retain their Right in Conscience ( as they must , if the Sentence of Deprivation be invalid , with regard to Conscience , as pronounced by them who have no Right to judge them , in relation to their Spiritual ) then their Rivals can have none in the same Jurisdictions , and the whole charge of Schisms must lye against them , and those who maintain them in their Invasions of our Father's Rights . How can they then apply here the Case of Abiathar ? § LXVI . When Invasions had passed into a Prescription , as in our Soviour's time , he that was in Possession had really the best Title . Thus far I have proceeded on the Sense and Reasonings of those earlier times of the Jews , which is certainly the truest and solidest way of judging concerning Obligations and Duties incumbent on the Subjects then . And by these it has appeared , that the Civil Power could not pretend to any Right of depriving Priests of their Right as to Spirituals , and with regard to Conscience . This consideration did restrain Princes of their own Nation , who had any regard to their Duty to GOD , from putting the Case . But when they were not under the Government of Princes , who were of their own Nation and Religion , but under those who did not think themselves obliged by the positive Laws of GOD , to protect the Priests from the Legal Power of force which GOD had committed to them ; this was the time indeed , wherein we find Examples of true High-Priests , even properly so called , who were deprived by the Secular Power . Here therefore were Two Cases ; one was , when the Practice of Intrusions was now grown so frequent , that no High-Priest living had a better Title ; the other , upon the first invasion , when the true Predecessor was still living , and had not renounced his Right . The former , was the Case in the time of our Saviour . The old way of deriving the succession to the next of the Family who was legally qualified for it , having none of those Corporal blemishes which by the Law could make him uncapable of it , ( on which account Eleazar succeeded Aaron ) was long before that laid by a Prescription sufficient to antiquate it . For many Generations , it had been disposed of by the Secular Princes who had the Power of the Temple , first by the Macedonians , then by the Romans , to Persons no otherwise qualified than by their being only of the Family of Aaron . There was therefore then no Person living who had a better Title as to the designation of his Person , than the pleasure of the Civil Magistrate who had the command of the Temple , and the Sacerdotal Vestments . As soon therefore as any Person was once possessed of the Temple and the Altar , the same way as his Predessor had been , his Right , was every way , as good as the Right of any other , who could pretend against him ; in which case , the publick Interest , ( which is inseparably Right ) for ending Controversies , has always given proference to the Possessor . Both of them were as well consecrated into the Office by Spiritual Persons , as well as invested by the Lay-Power into the possession of the Externals requisite for executing the Spiritual Office committed to them . And that the later was consecrated into his Predecessor's Place , both without the consent , and by the subjects of his Predecessor , was as applicable to all his Predecessors as himself , and therefore must as much weaken their Title also , as it did his , and make them only equal to him , on this consideration also . This would resolve the Right only into some dead Person , whose Rights all Laws determine with their Lives , especially were no Person living is concerned in them . All therefore that can be said in this Case is , that what ought not to have been done at first , was now done , and ratified by Providence , the same way as all other Humane Governments , as well Secular as Sacred , are usually changed by Prescription ; which by the Law of Nations , and with relation to the good of Mankind , and Governments in general , is , in process of time , judged sufficien to extinguish an Original Right , and to make that a RIGHT which at first was no other than invasion and Violence . This holds especcially where the Right is only Personal , as that of the Priest-hood was ; and the Person made uncapable of holding it . Mutilation alone was sufficient to have taken away the Right of the Priest hood , by the same Law that gave a Right to it , and therefore much more Death . This was really the Case , when our Blessed Saviour communicated with the High-Priests , obtruded by the Romans . Josephus himself observes , that whereas the High Priest-hood was before for Life , then it was not so , but during the pleasure of those who had the Power of the Temple . And I know no Eternally obliging Law frow the nature of Priest-hood in general , that makes it essential to the Priest-hood to be for Life , more than for any other Humane Office. If it were therefore changeable , such a prescription was undoubtedly sufficient for actually changing it . And if this Case hold any where among Christians , it does so , at present , among the Constantinopolitane Greeks . They also now are brought to that pass , that their Patriarchs have not their power given them for Life at the time it is given them , but during the pleasure of the Infidel Magistrate . The Greeks therefore are under no Obligation of Conscience to assert the Rights of any Predecessor , by refusing Communion with his Successor , because the Predecessor himself had no better a Right ; and the Successor , has on this account , an equal Right , but , on account of Possession , a better than he . But this can , by no means , be applied to the Case of our present Fathers . They , at their Consecration , had a power given and intended for Life , which is not yet taken from them by the power , that gave it them ; and therefore have manifestly , by our present Constitution , a better Title than their Successors . They are indeed THRUST out of their Possession as Abiathar , but with no such evidence of the Divine Sentence passed against them , as was in his Case . We have , as yet , no Prescription for such Violences ; nor have we to deal with an Infidel Magistracy , as they had . Heathen Governours , might with more consistency to their own Principles , use such Violences so frequently , as at length , when all were dead who had a better Title , to make them pass into a PRESCRIPTION . This can , by no means , become CHRISTIAN PRINCES , DEFENDERS of the FAITH , nor CHRISTIAN PARLIAMENTS ; mueh less , MEMBERS of our late flourishing CHURCHES in these Dominions . This I say , on Supposition only of the Legality of our Civil establishment . § XLVII . Among the Jews , the true High-Priest was to be known by his possessing the One Altar . Among th Christians , the true Altar was known by its being possessed by the true Bishop . If our Adversaries will needs Reason from Precedents of those times , they must put a Case exactly Parallel with Ours , of a High-Priest possessed of a Title unquestionably better than his Successors , yet violently forced , as Ours are , out of his Possession . This Case , I grant , did frequently befall the Jews when they were Subject to Infidel Magistrates . But it was in such times whose Practice we cannot reckon upon as Infallible , as we can upon that of our Blessed SAVIOUR and his Apostles . Here therefore we cannot reckon upon their bare Practice , That , what was done , was as it ought to be , purely on this account alone , because it was done ; but , independently on that , we must enquire what the Principles then received obliged them to do , if they would approve themselves true to them . And here , I have already shewn that External Force alone was sufficient to make all exercise of the Priest hood impracticable , to the Person so deprived by Secular Force . Hence it follows , that it was not in their Power directly to assert his Right , by communicating with him in Acts of his Sacerdotal Authority . For him to erect any other Altar , where it might be in his Power to Officiate , besides that in Jerusalem , was condemned as Schismatical , by the Doctrines of those Ages , in the Case of the Samaritans , and upon the same accounts as the Worship in the High places had been condemned in the Scriptures , and as the Altar built by the Tribes beyond Jordan was condemned , till they knew the true design of that Altar , that it was only for a Monument of their Interest in the Altar of Jerusalem , not for opposite Sacrifices . The only way therefore left them to assert his Right , had been to have abstained from Communicating in the Sacrifice of his Rival in the Temple . But there is great reason to believe that that was more than they could justify then ; and that reason , peculiar to their Constitution at that time , which therefore cannot be drawn into Consequence now under the Gospel , nor applyed to the Case of our present Holy Fathers . It is certain that their Communion then was as much confined by GOD to the One Altar at Jerusalem , as to the One High Priest. The only Consideration remaining , is whether of the two Regards was principal . That is the proper way to determine , whether was to give way to the other , where both could not be had : That is , whether that Altar was to be taken for the One Altar designed by GOD , where the true High Priest officiated , who had the nearest Title in the order of Succession from Aaron ? Or , whether that High Priest was to be taken for the true Representative of GOD , and thereby could oblige GOD to performance , who officiated at the Altar of Jerusalem , provided he were otherwise qualified , by being of the Posterity of Aaron , and of the Line of Phineas , and fairly consecrated by those who had Power to consecrate him , though he were not the next that was legally qualified , of that very Line . And we have reason to believe , that the Altar was the principal Consideration in the Design of GOD , who thereby secured the Communion against Schismatical Factions , even of the High-Priests themselves , by allowing none for his authorized Representatives but those who were possessed of that One Altar . For Jerusalem alone is called the Holy City , St. Matt. IV. 5. XXVII . 53. and so call'd in the Jewish Coins for that very Reason , because that was the place where men ought to worship , St. Joh IV. 20. That only was the place whither they were to bring their Tythes and Offerings , and where all their Males were , thrice a Year , to appear in Person . So that all face of publick Worship must have been laid aside at the Pleasure of their Infidel Princes , if one Obtrusion of a remoter Person , in the order of the Succession , might have sufficed to hinder their communicating there , which none can think but that GOD did intend to lay greater stress on , than on the immediate Order of the Succession . It is certain , they could not , by the Law it self , challenge their Dues for Maintenance any where else than there , nor eat several of the Oblations any where else than in that holy place in their Temple . Which shews plainly , that the Dues of Priesthood were not due to them on any other Condition , than that of their officiating in that very place designed by GOD for their Holy Offices . Hence it appears , that what Right they might pretend , when they were excluded from the Altar of Jerusalem , was only such a remote Right as Men ordinarily have to Offices , before their Admission into the Legal Possession of them . They are indeed wronged if they be not admitted as the Law requires ; but till they be admitted , the same Laws allow them no Title to the Profits , and Duties , and Dependencies annexed to the Office. This was the Practice of the Jews , when there were Exumples of violent exclusion of those who by the Law had a Right to possess the Temple and Altar , but did not actually possess them . And by the Reasoning now mentioned , the Practice appears to have been agreeable to the Mind of the Divine Legislator , But the Case is quite different in our Fathers Case under the Gospel . By the Apostolical Ignatius it appears , that the Bishop is the Standard of our Christian Altars : That where he is , there the Peculium is to * Assemble ; and they only who do so , can , by the Laws of Christianity , be properly called the † Church : That his Altar is the True Altar ‖ and his Eucharist the only * Valid Eucharist : and that no Acts of Ecclesiastical Authority are † acceptable to GOD , or can expect a Ratification by him , which are performed any where else than where he is , or without his ‖ Leave . This ruins all Consequences from their Practice then to our present Case . § XLVIII . The Reasons for Exemption from the Power of the Prince stronger on our deprived Fathers Case , than in the Case of Abiathar . Our Bishops are properly Priests . Hitherto I have considered the Case of Abiathar in general , as it concerned the Jews , with some general Strictures only , with relation to our present Case . I now proceed farther to consider the same Reasonings , insisted on by the Principles of those Ages , for proving Abiathar exempt , as to his Spirituals , from the Jurisdiction of Solomon , with relation to the Constitutions of the Gospel , which are those by which our present Fathers Rights are to be estimated . Here therefore I design to shew that the same Reasonings hold , and hold with more Evidence and Force , for our deprived Fathers Rights , than they did for those of Abiathar . First therefore our Episcopal Fathers Rights are as properly ( indeed in a more noble sense ) the Rights of a Priesthood as those of Abiathar were . So that it is very proper to reason from one to the other . I know how very difficulty this is admitted by many . And yet I wonder it should be so , considering that it is manifest in the reasonings of the Writers of the Apostolical Age , who reason from one to the other as plainly as I do , which Reasonings must be perfectly unconclusive as proceeding on four terms , if the Notion of Priesthood be not supposed univocally common to ours , as well as the Jewish Ministry . Thus the Apostle Reasons in the Case of maintenance : Do ye not know that they which Minister about Holy things , live of the things of the Temple ? And they which wait at the Altar , are partakers of the Altar ? Even so hath the Lord ordained , that they which preach the Gospel , should live of the Gospel . GOD'S ordaining there , is Supposed as known by them to whom he argues , from what GOD had constituted in relation to the Jewish Priesthood , and Temple , and Altar ; which could by no means be applicable to his design for proving an Obligation under the Gospel , for maintainance of the Gospel Ministry , but by supposing our Case the same with theirs , that we have a Priesthood , a Temple , and an Altar , as properly as they . The same Apostle Reasons on the same supposal , when he compares our Eucharistical Bread and Wine , and the Communion we have with CHRIST by them , with the Communion maintain'd both by the Jews and the Gentiles , with their respective Deities , by Sacrifice . With the Jews , in these Words : Behold Israel after the Flesh : Are not they which eat of the Sacrifices , partakers of the Altar ? v. 18. Here plainly he supposes our partaking of the One Bread , in the Words immediately preceeding , to be the same thing with us , as the eating of the Sacrifices , and partaking of the Altar . How so , if our Eucharist had not been properly a Sa●rifice ? With the Gentiles . where he compares our drinking the Cup of the LORD , with drinking the Cup of Devils ; and our Partaking of the LORDS Table with partaking of the Tables of Devils v. 21. and our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with Christ v. 16. with a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with Devils , v. 20. It plainly appears , that the Table of Devils was furnished with no other Feasts but Sacrifical , and they are expresly called Sacrifices , v. 19 , 20. These things also plainly shew , that the benefits expected by the Christians from their Eucharist were transacted , according to the then receiv'd Notions both of Jews and Gentiles , by Sacrifices , as properly so called as the others were , as to all intents and purposes of Legal transaction . So again , the same Apostle owns the Sacrifical Style , when he calls that an Altar which he had elsewhere called the Lords Table : We have an Altar whereof they have no Right to eat , which serve the Tabernacle . That Altar he compares with meats in the verse before , and therefore must probably mean the Eucharistical Altar . Besides the Jews did pretend to the Heavenly Altar , as is clear from the places formerly produced from Philo. But it was Notorious that their Priests as such had no Right to the Christian Eucharistical Altar , nor did they ever pretend to it . This therefore was more unquestionable , and more fit to be Reason'd on , for the Apostles purpose . So also Clemens Romanus argues from the Sacredness of the Jewish Priest hood , to the like Sacredness of the Gospel Ministry . And from the like Notions of an Altar , Ignatius also Reasons in the places already mentioned . So many precedents we have of Reasonings of this kind in the Apostolical times themselves . And if he consider the things themselves sedately , I see no reason why we should think these Notions strange in that Age. The Jewish Sacrifices themselves were not then thought available as they consisted in shedding the Bloud of Brutes , but as they represented the Archcetypal Sacrifice of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and as Covenanting Symbols gave the Communicants a Right to what was represented by them . This was the truly beneficial Notion of a Covenant transacted by Sacrifice . And in this Sense , I cannot conceive how our Adversaries can deny our Eucharist the name of a Sacrifice , as properly , as it agreed to any used among the Jews . Our Eucharist also was designed by our Lord to represent his own Archetypal Sacrifice on the Cross. And not only so , but as a Covenanting Symbol , to convey a Right to that Sacrifice , so represented , to the Worthy rightly disposed Communicant . What therefore can our Adversaries desire more for satisfying the proper beneficial Notion of a Sacrifice ? Wine may , by Christs appointment , signify his Bloud to Covenanting beneficial purposes , as well as real Bloud itself . § XLIX . The Gospel Priest-hood more Noble than that of Abiathar . The same Reasoning therefore holds now which did then ; but now more strongly . This therefore being supposed that our Gospel Ministry is a Priestheod ; I add further 2ly , that it is a Nobler one than that of Abiathar This I am sure is proved or supposed in all the N. T. Reasonings , that whatsoever was Common to the old and the New Peculiam , was still more excellent under the New Peculium than that which answer'd it under the old . I cannot now spare leisure to give Instances . It is at present sufficient for my purpose , that what was less certain concerning the Jewish Priest-hood , is more certain in Ours ; That the principal design of Ours is to oblige GOD to performance of Promises , as his part of the New Covenant , explicite and clear , not only implicite as formerly , in relation to Spiritual and Future and Eternal benefits , which none but GOD is able to perform . In this regard the new 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of which our Lord is a Mediator , is called a better Testament , Hebr. VII . 22. as introductive of a better hope , v. 19. a better Covenant established on better Promises . Hebr. VIII 6. Life and Immortality being elsewhere said to be brought to light by the Gospel . And the Priest hood relating to this new Covenant is preferred before the other Levitical one , in that Levi in Abraham pay'd Tithes and received a blessing from Melchisedec , as the lesser from the greater . Hebr. VII . 7 , 9. In that the Priest-hood of the New Testament is an Everlasting one , as all Archetypal Ideal beings were supposed to be , in the sense of the Platonick Hellenists , whose Language and Notions the Apostle alludes to in those places . Not only as it was Eternal in the Individual Person of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but also as it was to be so in the Succession of the Gospel Ministry , which was never to give way to any other future dispensation , as that of the Law did . Besides , in that here the entrance into Heaven the true Tabernacle , was more immediately performed by the Archetypal High Priest himself ; Hebr. VIII . 1 , 2. than under the Law , where it was only shadowed by the High-Priests entring into the Holy of Holyes Hebr. IX . 7. This also advanced the Dignity of the Gospel Priest-hood , even in the Ministers themselves as representing the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 more immediately , and under a Noble depensation than they did who were of the Order of Aaron . Hebr. VII . 11. To this also the Apostle adds that the Melchisedekian Priest hood , as it was for ever , so it was also by an Oath , of which there was no use in the constitution of the Levitical Priest hood . Hebr. VII . 20 , 21. Thus therefore it every way appears that the Consequences inferred in the Case of Abiathar , must hold here , but with more Force and Cogency . If the Levitical Priest hood exceeded the Dignity of the Civil Magistracy , much more the Evangelical Priest-hood must do so too . If that required a Divine call greater than could be given or repealed by the Civil Magistrate , this must do so also . If the Unction of the Priest hood then so far exceeded the Unction of the Civil Magistrate , as that the Magistrate could not invade the Office without Sacriledge and a Piacular Crime , much less can he now justify his Invasion of a Priest-hood , so much Holier than that was . If the Sacredness of their Office then was thought sufficent to awe all Conscientiou , Magistrates from offering any thing that might look like violence to such Holy Persons ; a greater Sacredness of our Priest hood now ought in reason more to awe the Magistrate now under the Gospel Dispensation . The Punishment of such Encroachments was indeed more frequent and visible then , but in the Apostle's Reasoning , it is sorer now : Hebr. II. 2 , 3. X. 29. I am sure it must needs be so , if we believe our Religion , that it s not being inflicted here is only a reserving it for the Future State. § L. This Reasoning was admitted in the Apostolical Age. Particularly by Clemens Romanus . He also Vindicates the Churches Rights against Lay-deprivations from Jewish Precedents . Nor are these Consequences only just from this concession , but 3ly , agreeable also to the actual Sense of even that Apostolical Age. The Necessity of a Divine Call for Priest-hood in General is owned by the Sacred Author of the Epistle to the Hebrews , as we have seen formerly , and therefore could not be denyed by him concerning the Gospel Ministry , which I have also shewn that he believed to be a Priest-hood . The Dignity also of the Priest-hood above the Magistracy is plainly own'd by the Author of the Testaments of the Twelve Patriarchs . This also will be another Testimony of the Christians of the Apostolical Age , if what I have said before prove sufficient for shewing that he lived and wrote in that Age. However , we have an Author unquestionably of that Age , so clear and evident for our purpose , that I cannot foresee what any of the Vindicators Adversaries can be able to reply to him . That is , the Apostolical CLEMENS in his famous Epistle to the Corinthians . And which is more , what he says , he says in prospect of a Case as like ours as those times were capable of . SOME of the Laity who were inspired with the Spiritual Gifts mentioned 1 Cor. XII . 8 , &c. had then taken upon them to make a Faction against the established Governuors of the Church , who restrained them from the disorderly Liberties they had been used to , before the Government had been introduced and settled among them . Before , they had been used to honours not suitable to their Station , but their Gifts ; but Government being settled , they were thereby obliged to confine themselves within the decorum of their Station . Hence that Emulation and Envy he there complains of , when Persons formerly more regarded for their Gifts , were now engaged in Duty to give way to others less Gifted , but in a more eminent Station . This made those Gifted Brethren Mutinous , and the esteem they had acquired by their Gifts so recommended them , as that a defection followed so universal , that the Governours were forced out of their Possession . CLEMENS calls it a † DEPRIVATION , or by words implying it , and argues against it exactly as we do , on the Principles already mentioned . He insists on the care that GOD had taken formerly for asserting the Rights of the Jewish Priest hood , and to let them see that it was himself who had appointed them to that Honour . * When the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fell out , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he observes how GOD decided it by the blossoming of Aarons rod. This plainly implyes , that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Emulation so often by him reproved in the Schismaticks , concerned the Priest-hood also . He observes the Care GOD had taken then , that all their † Offices should be performed in their due Order . This might be purposely to warn the gifted Brethren to forbear the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. XIV . 16. when now there was an Order of Men purposely allotted for the Eucharistical Sacrifices . He enumerates all Ranks of their Subordination , ‖ High Priests , Priests and Levites , nay Laicks also . He seems therein to intimate , that they were Laicks who were guilty of that invasion of Sacerdotal Offices , agalnst which he there disputes , That is , who were guilty of the deprivations now mentioned . Indeed he supposes such a deprivation to be an invasion of Sacerdotal Offices not tolerable in a Layman . And when he says this concerning the Laity in general , who can doubt but that Christian Magistrates must be concluded in the Consequence of what he there discourses ? The same indignity of the Schismaticks , as to their Station in the Church , is implyed in what he elsewhere says , that they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , dishonourable against those who were Honourable . Against these therefore he so disputes , that Laymen ought to be so far from pretending to exclude the Ecclesiastical Governours , That even inferior Ecclesiasticks ought not to presume upon the Offices of those who were Superior to them in the Ecclesiastical Subordination , as the Levites were not to intermeddled in the Function of the Common Priests , nor the Common Priests , with that of the High Priest among the Jews . He therefore obliges them , to perform their * Eucharistical Offices in the Rank and Station wherein GOD had placed them , not transgressing their bounds as they had done fromerly , as it should seem , in imitation of the old Prophets , who had , as Prophets , taken upon them , not only to Communicate , but to Officiate in Sacrifices . This he implys as a thing that ought no longer to be born with , since the Eucharistical Ministry was now settled and established . He therefore observes further to this purpose , that among the Jews , whoever had been guilty of such Invasion , had suffered † Capitally for it . He seems to allude to the known Stories of Corah , Dathan and Abiram , and Uzzah , among whom were Examples of encroachments of both sorts , some of the Laity , on the Sacerdotal function in general , such were Dathan and Abiram , who were Reubenites ; some of inferior , on the Superior Sacerdotal Stations . Thus he argues from these Precedents under the Law , to prove the like Obligations under the Gospel . So far he was from our late Brethren's Fancies concerning the Unconclusiveness of such Arguments in this very Case of the Priest hood . §. LI. He does it also by the same Principles , as by him owned agreeable to the Constitution of the Gospel . So far , I say , he was from that , that he makes such Invasions more formidable now , under so much a Nobler Dispensation . So his following Words imyly : * Take care , my Brethren , lest , by how much our knowledge of the Divine Mysteries ( that is the importance of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in that Age ) is advanced , by so much our danger be advanced also . And so far he was from being obliged , by any exigency of his Cause , to argue as he does , from Precedents under tthe Law , if that way of Reasoning had not then been judged , solid ; that he tells us , that Christ also had made the like Provision for securing the Gospel Ministry from the like Encroachments . He tells us therefore , that the Apostles being forewarned by our Lord , that the like Contentions should arise among the Christians , concerning the * Name of Bishop , as had been before , among the Jews , relating to the † Priest hood ; had therefore , in their * foreknowledge of that very event , taken the like care for preserving the Office from the like Invasions . The Apostles here mentioned , I take to be St. Peter , and St. Paul , who had by their common Labours planted both Churches , that of Rome , from whom this Epistle was written , and that of Corinth , to whom . As therefore , he calls them in this place , ‖ our Apostles , so elsewhere he says , that St. Peter and St. Paul had set a noble Example of patience * among us . These Two Places thus compared together , give us to understand who the Apostles were of whom he there speaks . He therefore further acquaints us with the Expedients those Apostles took for securing the Holy Office from these foreseen invasions . He says , they themselves † put several of those Persons into their Office , of whom he was then discoursing ; that is , of those who had been deprived by these Laical Mutiniers . This therefore , it seems he looks on as an Argument , that they who had been put in possession of their Places by Persons of the Supream Ecclesiastical Dignity , should not be dispossessed at the pleasure of the Laity , who , how great soever their station might be otherwise , yet were not regarded in their Ecclesiastical Judicatories , but according to their Ecclesiastical Honours , ( St. James II. 2 , 3 , 4 , 5 , 6. ) which in the Laity were none at all . But there were at that time , in their Ecclesiastical Presbytery , some substituted in the place of those of the first settlement , who were since deceased . And for these also he makes the Apostles to have taken care . He tells us , that in foresight of this Case , they provided for an * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , an Inheritance that others might succeed into their Places . Possibly it ought to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as denoting an Additional Law to those other † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , received from our Lord , which had formerly been mentioned by this same Author . So , in imitation of Plato's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Philo , as I remember , calls Deuteronomy by the same Title of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as given a little before Moses his Death , after the Collection of his former Laws . So our Author teaches us , that this Law also for securing the Succession , was given by these Apostles , after they had now settled the Church of Corinth , and ordained as many as they then thought necessary for the Government of it . That is the notion of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it signifies in him afterwards . as appears by another ‖ Example very little distant from this same place . He tells us therefore what this Additional Law was , that they who were to be substituted in their places as they died , were to receive their Authority from Persons of the highest rank in the Church . That I take to be the Notion of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as that signifies to be had in reputation , and as on the contrary contemptible Persons are said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , like the proletarii or capite censi in the Roman matricula of Citizens , Registred as so many Names , not for any considerable benefit that their Cities receiv'd from them . These 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore , were such as by the Apostles themselves were designed for supplying the Apostolical Office after their deprature , in filling up the Vacancies of those Presbyters , who had been put in Office by the Apostle , themselves , as they ●ell This therefore St. Clemens , in this Reasoning , takes for a great Presumption , that the Laity who were of the lowest rank in the Church , should take upon them to displace those who had been put into their Office by the highest Ecclesiastical Authority . And yet the Laity whose Case he speaks of , where Prophets , and Spiritually gifted Persons , which Gifts were always admitted for fairer pretences to Spiritual power , than all the worldly Grandeur , and the Secular terror of the Civil Magistrate . Prophets had been allowed that power even in Sacrificing , which never was allowed the Secular Prince . Yet even against these , St. Clemens asserts Rights of the Church , by the very same Topick insisted on by Us , that the power of the Church was derived from God himself . We see he ascribes this power of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the Authority of the Apostles . So he also derives the Authority of the Apostles themselves , from God himself . * The Apostles taught us the Gospel from our Lord Jesus Christ , Jesus Christ from God. Christ therefore was sent by God , and the Apostles by Christ ; so both missions were orderly according to the Will of God. His designed inference therefore with reference to his Cause was , that they who had been put in Office by an Authority so manifestly and nearly derived from God , ought not to be turn'd out of their Office by a Power that could not pretend to any such power derived from God at all . In all these gradations , he supposes none that gave it to the Laity , on which account it is , that he overthrows all Right they had to claim it . How then can the Magistrate pretend to it ? § LII . He draws the like Inferences from those Reasonings , in Practice , as we do . Thus then the Reasons from our Principles , and therefore supposes them generally known , and as generally granted , even in that happy Age. That is not all : He pursues those Principles to the same uses in Practice , that we are making of them now . Do we cleave to our deprived Fathers , notwithstanding the Lay deprivation ? We do therein no more than what he advises also . * Let us reverence , says he , the Lord Jesus Christ , whose Blood was given for us . Let us pay a Veneration to our Rulers ; let us honour our Presbyters . † Let us cleave to the Innocent and Rïghteous , for these are the Elect of God. Do We complain of the desertion of our Bishops . and betraying of the Ecclesiastical Rights , as Schismatical ? And are we deeply concerned at the Consequences which have followed upon it , distructive to our Common Religion ? And does not he the same ? * Your Sebism has deprived many , has driven many to despondency , to doubting of Religion , and all of us to grief . I wish we could not also apply his following Words to our present Case : ‖ And yet your Sedition holds on . Do we heartily wish that the Schismatical Rivals would think of Repentance , and returning to their Duty ? And how are we therein singular ? Does not he recommend the like thoughts to the Schismaticks of his own time ? These are his words . * You therefore who have laid the Foundation of the Sedition , be subject to the Presbyters , and be disciplined to Repentance ; bending the knees of your heart , learn to be subject , laying aside the haughty and insolent arrogance of your Tongue . How worthy are his following Words of their Consideration ? ‖ For it is better for you to be little , and of good Repute in the Flock of Christ , than seeming to have preheminence to be cast off from his hope . Let them never complain of the severity of our Censures , when they find this Holy unconcerned Apostolical Fellow Labourer of St. Paul , judging as hardly in a parallel Case . We here see , that he thought such Schismaticks out of the Flock of Christ , and cut off from his hope . He elsewhere adds , with reference to the same Case , and the same Persons , † Christ is of those Who are humbly minded , not of those who exalt themselves over his Flock . Plainly denying them any interest in Christ , whilst they continued in that condition impenitent , that is , whilst the Rivals hold their Schisinatical preheminence . He tells us , that * it is no small crime , if we cast them out of their Bishoprick , who have offered their Sacrifical Gifts unreprovably and holily . He accordingly adds ; † It behoves us therefore , Brethren , to cleave to such Examples . For it is written , Cleave unto those who are holy , for they who cleave to them , shall be made holy . And again , in another place , he says , with the innocent thou wilt be innocent , and with the perverse thou wilt be perverse . He supposes no Holiness reputed by GOD for such , but in the true Communion . Thence he adds , * Let us cleave therefore to the Innocent and Righteous , for those are the Elect of God One of the Prerogatives of the Peculium , is to be the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the chosen Generation . So that in confining the Elect of God , to the true Communion , he must necessarily be supposed to confine the Peculium to it also . His following Exhortation therefore firts our Circumstances , as well as it did his . † Why are there Strifes and Anger 's , and Divisions and Schisms , and War among you ? Have we not one God , and one Christ , and one Spirit of Grace that is shed upon Us ? And is there not one calling in Christ ? Why do we draw and tear asunder the Members of Christ , and foment Seditions against our own Body , and come to such Madness , as to forget that we are Members of each other ? May this Pathetical Exhortation of so great a Person , prevail with our Brethren to study some Expedient for securing our Ecclesiastical Liberties , and healing the Breach they have been driven into by Carnal Politicks ! What a Glory wou'd it be to them who are princpally engaged in it , to do what he invites them to ? * Who is there among you Generous ? Who is Merciful ? Who full of Charity ? Let him say , If the Sedition and Strife and Schisms be for my sake , I depart , I go away , where you please , and do whatsoever is required by the Multitude . Only let the Flock of Christ have peace with the Presbyters , who are set over it . He who would do so , would gain to himself great Glory in the LORD . How much would it advance their Honour here , and their Peace hereafter , if they would turn their Emulations for Preheminence , into those more Noble ones of Humility , and Peace , and Condescention ? The worthy Doctor , since his ingenuous owing his † Mistake of the Design of Clemens , discover'd since by the Vindicator , may be presumed , by this time to be sensible , now much it is more proper to make such Addresses to his . Fathers , than ours . He must , at least , acknowledge the making them so , to be more agreeable to the Design of St. Clement . § LIII . The Laity cannot now pretend to any Indirect Right of depriving Bishops , as the Jewish Princes could in the Case of the Jewish Priesthood . Thus it appears , that by the Principles , even of the Apostolick Age ▪ no Laity whatsoever can pretend to any direct Power over our Ecclesiastical Governours , with regard to their purely Spiritual and Ecclesiastical Rights . I now proceed to shew 4thly , that they cannot now pretend even to an indirect Power ( such as I shewed that Princes might pretend to the● ) of depriving our Bishops with regard to Conscience . For neither of the reasons given there , will hold her . They cannot make their Right impracticable now , as they could do then , by excluding them from any particular place , from which it is in their Power to exclude them . Their Consecrations and Eucharists are not now confined to Cathedrals , as the Sacerdotal Acts of the Jewish Priesthood were to the Temple , but are equally valid , where ever they are exercised within their ow Jurisdictions . This hinders them from being perfectly useless when they are excluded from Cathedrals . Nor has GOD fixed upon any particular Places , to which he has confined his own acceptance of them under the Gospel . But as we have seen from Ignatius , ( for I now descend no lower ) the one acceptable Altar now follows the one Bishop , not the Bishop the Altar . This hinders the Additional Right formerly accruing to a Possessor , purely on account of his Possession , which was then sufficient to make a Possessor's Right better , which without Possession , would have been worse than that of an excluded Predecessor . Nor indeed is there that Reason now , as was then , to expect that GOD should confine the Exercises of the Evangelical Priesthood to a particular place . Their Religion then was confined to a particular Nation , and was part of the National Constitution , as it was Theocratical . There was therefore all the Security given that Laws could give , that their Princes should always Patronize it . One of another Nation was uncapable of the Office , any other way than by Conquest . And that did necessarily suppose the Subversion of the Laws themselves , and therefore of all the Security that could be given by Law. But the Evangelical Priesthood was first instituted by Christ , and settled by the Apostles , in a time when the Kings of the Earth stood up , and the Rulers were gathered together a-against the Lord , and against his Christ , Acts IV. 26 , Not only without the consent of , but in opposition to all the Civil Powers then being . And therefore to have made it depend on the Pleasure of the Magistrate then , had been perfectly inconsistent with a Design of securing and perpetuating it . And that could not have been avoided , if it had depended on any thing that was in the Power of the Persecuting Magistrate . It was instituted and established under actual and violent Persecutions , and therefore must have been fitted with Provisions that might enable it to subsist under a state of Persecution , by a Power perfectly disentangled from the Secular Power . To this it was requisite , that it should be under no obligation of Conscience , to depend on any thing that was in the Power of the Persecuting Magistrate , as it must have done , if it had been obliged by GOD to any one particular Place . It was also requisite , that this Priesthood being constituted by GOD as the cement of a Spiritual Society , all that was requisite for managing that Society , should have been by God , ( who was pleas'd to found that Society ) conferred on the Priesthood , as its Right in Conscience , and therefore by the same Divine Power , exempted from the Right of the Civil Magistrate . For all that this Priesthood could have to recommend Duty to the Consciences of its Subjects in a state of Persecution , was only its Sacredness , and the Obligation that lay on GOD to ratify his own Act , in inflicting the Censures denounced by it against refractory Persons ; and therefore they must be very well satisfied , that the Censures were denounced by one to whom GOD had given a Lawful Authority to denounce them . Otherwise , they could not think GOD obliged to ratify them . And for this it was absolutely requisite , that they should believe the Magistrate to have no Right in those Cases wherein those Censures were concerned . Otherwise , they could not think God oblig'd to ratify them , if they had been Invasions of the Right of the Magistrate . But the Districts were then absolutely necessary for making the Churches Censures , as settled out by Lord and his Apostles practicable . By them the Bishops knew what Persons were liable to their particular respective Jurisdictions . By those the Subjects olso knew the particular Bishops to whose Censures they were obliged to pay a Deference . If the Bishop had censured Persons not belonging to his Jurisdiction , by the settlement then made by the Apostles , they could not think GOD obliged to second him in his Usurpations , and therefore could be under no Obligation to regard such Censures . It was therefore absolutely necessary that the Right of Preaching the Gospel , and settling districts , without the leave of the Possessing Magistrates , must by GOD have been made the Right of the Ecclesiasticks , in reference to Conscience , and therefore could not at the same time have been the Right of the Civil Magistrate . What then will become of the Doctor 's imaginary Contract ? Bellarmine fancies , that when the Magistrate was baptized , he also was supposed to make an implicite Contract with the Bishop , that his Crown should be at the Bishops disposal , whenever the Bishop should judge that his holding it would be inconsistent with the Churches Interest . This is as reasonable as the Doctor 's pretended Contract , that on consideration of the leave allowed by the Magistrate for Preaching and settling districts in his Dominions , the Bishops make an implicit contract with the Magistrate that they will submit to be deposed by him . when he shall judge their holding their places hurtful to his Worldly Interests . If either of these implicite Contracts would hold Bellermines is the more likely of the two , that the lesser Worldly Interests should give way to the Spiritual . But from what has been said , it appears that the Right of making Districts , was a Right inseparable from the Authority given by GOD for making , and governing Proselytes all the World over . If therefore it be not the Magistrates , but their own ; what reason have they to make any , however implicite Contracts , for that which is their own already ? § LIV. Our Reasoning against the Magistrates Right of deprivation in Spiritual proceed Universally , and therefore in Case of Temporal Crimes , also the owning such a Power would have been Pernicious to the Primitive Christians also , who were charged with Temporal Crimes ▪ The Magistrate therefore cannot , by the Constitutions of the Gospel , pretend to any ●ight , whether direct , or indirect , for depriving our Bishops of their Spiritual Power . This our Adversaries themselves do not deny , where the Causes pretended for their deprivation , are purely Spiritual . But where the Case is Temporal , as it is here in our Fathers Case , there they think that the Magistrate may punish them , not only by Secular Punishments , but by Deprivations , as to the exercising of their Spiritual Right in Districts contained within his Dominions . But all that can fairly follow from their Crime being Secular , is no more but this , that it properly belongs to the Cognizance of the Secular Magistrate , and is therefore justly punishable by them who have a JUST TITLE to the Supream Secular Authority , That is , in such a way ▪ of Punishment as properly belongs to the Right of the Magistrate . And we allow that to extend as far as the Secular Honours , and Revenues , by the Secular Laws annexed to their Office , nay to their Persons also , as to what is Personal to them . This is perfectly sufficient to secure the Magistrate ( in Case not only a single Bishop , but the whole Synod , should prove guilty of violating their Duty to him ) whatever the Doctor pretends to the contrary . But that this will give him any new Right of punishing . which he cannot pretend to by the Nature of his Office , our Adversaries have not yet pretended to prove . Till they do so , or till they Answer what has now been produced to prove the contrary , that his Right of Magistracy does no way reach the Spirituals of our Bishops , no nor their Right to exercise them in Jurisdictions contained in his Dominions ; we may as easily deny , as they assert , that Power of Deprivation , by them ascribed to the Magistrate . One would think , that when we have proved the Nature of the Spiritual Power , such as that it is not in the Power of any but GOD , or those Authorized by GOD for this purpose , to deprive them of that Power who have once received it ; and that neither the things themselves transacted by the Spiritual Power are in the Power of the Magistrate , nor that GOD has given the Magistrate any Authority to represent him in these matters , which may oblige him to ratify in Heaven what the Magistrate , in his name , pretends to Act on Earth : It should unavoidably follow that the Magistrate has not this Power at all , which if he have not in general , he cannot have in this , nor in any other particular Case assignable by our Adversaries . Why are they therefore so unreasonable as to expect , after we have disproved this Power in general , that we must be put to the further trouble of disproving it in a particular Case ? They themselves can easily perceive the partiality of their demands in other the like Cases . They who , on the other side , are for the encroachments of the Clergy upon the Rights of the Magistracy in order to Spirituals , in Case of Heresy , do so far proceed successfully , when they shew that Heresy is a Crime properly cognizable by the Spiritual Judicatories , and that Magistrates , as well as others , are Subject to such Judicatories in matters purely Spiritual . But then the consequence would only be , that a Magistrate , so convicted of Heresy , might by such Spiritual Judges be deprived of his Right to Communion , and consequently of all the Spiritual Rights and benefits , to which he is entitled as a Member of the true Communion . This is the utmost that Spiritual Judges can pretend to , or wherein they can expect that GOD will second and ratify their Determinations . But when they proceed further to forbid all Civil Conversation with the Magistrate , to deprive him of his Civil Rights , to absolve his Subjects from their Duty of Civil Obedience : These are consequences , which , I believe our Adversaries will not defend . Yet how they can avoid being obliged to it , if they will be true to the Consequences of their reasonings in this Case , for my part , I cannot understand . For why may not the Church assume a Right of punishing Temporally , a Crime that is really allowed to be of Spritual Cognizance , if the Magistrate ; for a Temporal Crime , may inflict a deprivation of Spirituals ? I do not now insist on what we have to say , as to the validity of the Sentence given against our Fathers , in respect of the Temporal Authority that can be pretended for it . However , that is , at least , sufficient to shew , that it is only the Judgment of those , who have given Judgment , against them , that they had even Temporal Authority sufficient for it . And if the Secular Powers may deprive Bishops , for any Crime , which they who deprive them , shall be pleased to call Temporal ; and if we also , are obliged to think such deprivatons sufficient to discharge Us from the Duty we owe them , with regard to our Conscience : I cannot see how the Primitive Christian Bishops could have escaped such deprivation . Julion the Apostate pretended Temporal Reasons for most of his Persecutions , purposely to hinder the Sufferers from the Glory of Matyrdome . And even in the earlyer Persecutions , Secular Crimes were imputed to the Christians . That was the Case when the Burning of Rome was charged upon them in Nero's time , and the burning of the Palace at Nicomedia , in Diocletian's ; when the Stories of the Dog and Candle ; and Oedipodean incests and the Mothers of Children , were pretended to be proved against them , by the extorted confession of some Slaves in the time of Marcus Antoninus . Their very Meetings came under the Laws de Sodalitijs , and de Hetaerijs , and de Factionibus . And their refusing to Swear by the Genij of the Emperors , or to Sacrifice for them , were by the Interpretation of those times reducible to the Laws of loesa Majestas , which we call Treason . Will our adversaries therefore grant that , on these accounts , those Pagan Emperors might have deposed the Christian Bishops , and Absolved their Subjects from their Duties in Conscience owing to them ? If they will , we are very sure our glorious Ancestors of those Ages were not of their mind . And let our Adversaries themselves judge , whether we have most reason to follow , as Guides of our Conscience . Besides the Advantage the Primitive Christians had for knowing Tradition better , this was also a manifest one ; That our late Brethren's Practice goes along with their Worldly , Interests , and indeed never began , till motives of such Interest inclined them to it ; but the Practice of the Primitive Christians was directly contradictory to such Interests . § LV. The Spiritual Rights of Our Fathers have been now invaded by Civil Force . Bare Characters . without Districts not sufficient to preserve the Church as a Body . But the strangest Answer of all is , That our Adversaries cannot yet be perswaded that our H. Fathers Spiritual Rights have yet been invaded by secular Force . As this way of defence signifies their unwillingness to undertake the Patronage of such Invasions , I confess , I am not a little pleased with it , in regard to the Liberty it may allow them hereafter , if GOD shall be pleased to turn our Captivity , to defend the Rights of their own Function , when they may be defended without danger . And I do not know why , even now , the Clergy should be forward and Active in promoting a Casuistry that may absolve the Magistrate from the obligation incumbent on him in Conscience for their Protection . But it is a strange degree of Confidence to deny the Fact. Had they not set up other Bishops to exercise Spiritual Power in the same Jurisdictions , they might indeed pretend to it , But having done so , it is from thence we date their Schism . Nor do I see , how they can avoid the Charge of it . For if the Spirituals of our Fathers be yet untouched , then they must still have the same Right over those same Jurisdictions , as to Spirituals , as they had , and as was own'd by our Adversaries themselves formerly . If so , their Rivals , exercising Spiritual Power in the same Jurisdiction without their leave , must be looked on as Invaders of their yet untouched uninvaded Spirituals Rights . If so , they must , in the Language of St. Cyprian be foras , be aliens , be non secundi , sed nulli . Not barely on the Authority of that Holy Martyrs saying , but as the Vindicator proved , from the Nature of the Spiritual Monarchy , which allows no more than one at once , without conscent , to have a Right within the same Jurisdiction . It is very plain from hence , that their Right to their particular districts and Jurisdiction , even as to Spirituals , is actually invaded by their Intruders . And we have now , and so had the Vindicator formerly , shewn the settling of districts in order to Spiritual Jurisdiction , to be a Right of the Church , independent on the Favour of the Civil Magistrate . We have shewn that the Church , as well as the State , was by CHRIST and his Apostles made a visible Body , and that their way of knowing the visible Governours , and Subjects of this visible , Body , was , even from the Apostles Time , taken from the extent of those visible Districts ; that they who lived in these districts , were all Subjects to the Governours of the districts , and that the Governours of those districts as to Spirituals were the particular Governours to whom the Christian inhabitants of those Districts , ow'd Obedience as to Spiritual : That whatever Right the Magistrate had formerly , that might seem inconsistent with these Rights , was by GOD himself taken away from the Magistrate , in order to the making this way of propagating the Gospel , Practicable ; yet so , that Power enough was still left for securing the Authority of the Magistrate , as to Temporals : That the first Christian Magistrates , found the Church possessed of these Districts , and the Bodies of the Christians , in the several Districts , possessed also of the Opinion of the Independency of those Districts , as to Spirituals , on the Civil Magistrates ; which they had always made appear , in all Difference between the Magistrate and the Bishops , by their unanimous adherence to the Bishops , as to Spirituals : That therefore those Districts , as to Spirituals , were never derived from the Favour of the Magistrate , and therefore not obnoxious to his disposal . Here therefore this whole Dispute is reducible to a short Dilemma . If the presumed Magistrate has not invaded the Spiritual Districts of our Fathers ; then the Intruders are Schismaticks for intermeddling with those Rights which their Predecessors are not deprived of . And all others also must be Schismaticks who own and Communicate with the Intruders . If the Rivals be not Intruders , they must needs say that the Predecessors have lost their Right , even to those Districts , as to Spirituals . And how they should come to lose it but by the Sole Act of their Magistrate , I know nothing that our Adversaries can pretend . There is manifestly no Act of the Church , that they can so much as pretend for it . Their Character , they say , is not yet touched . No wonder it should not , since the Schoolmen , from whom they borrow the term of Character , hold Characters to be indelible by any Humane Authority whatsoever , not only secular , but Ecclesiastical also . However all the Use our Adversaries make of their remaining Character , is only to make them restorable to their old Jurisdictions , without a new Consecration ; and in the mean time , to legitimate some Acts of Epicopal Power , which must no be supposed to depend on a relation to a particular Jurisdiction . But this Character , that has no relation to a particular District , could not be sufficient for preserving Bodies ( such as the Church was designed to be by , them who founded it ) in a State of independency on the Civil Magistrate ; Bodies , as then understood by the Ecclesiasticks , being determined and distinguished by such Districts . The allowing therefore the Heathen Persecuting Magistrates a Power of dissolving the relation of all the Bishops of their Dominions , to particular Districts , had parfectly dissolved all particular Churches , as Bodies , when the Magistrate was pleased to dissolve them ; and therefore cannot be agreeable to the design of CHRIST and his Apostles , who intended to perpetuate Churches , as Bodies , independent on the state . And it is certain , that this Power of discharging Ecclesiastcal Governours from the Districts in their own Dominions , was not own'd in the Civil Powers by the Apostles and earliest Christians . Had it been so , the Apostles themselves must have quitted Jerusalem , when they were forbidden by the Sanbedrim , and sought out other Converts and Districts , wherein they might exercise their Function and Character . But where could they seek or find them , but the same Objection , would still recur from this Right of the Civil Magistrate ? There must therefore have been no Churches in the World , if this Doctrine had been allowed of . But it is certain , that the Apostles did still challenge and exercise their Jurisdiction in Jerusalem , and were own'd and seconded in doing so , by the Christians Inhabitants of that City , against all the Persecutions of the Magistrate , and were all of them own'd by GOD , by the Credentials that followed them , which could never have been , if these their Practices had been Usurpations . And all the Right that Bishops then had for obliging the whole Catholick Church , was grounded on the commerce of Communicatory Letters , and the Common interest of all , to ratify the Acts of particular Districts . Thence it appears , that all exercise of Epicopacy , as Catholick , was grounded on the Right , each Bishop had to a particular District . So vain are our Adversaries pretences for making our Bishops , Bishops of the Catholick Church , though deprived of Districts , in order to the exercising any Episcopal Act for preserving the Face of a Body , under a Persecution . § LVI . Supposing the Church and Christian State had made one Body , yet more had been requisite to make that Supposition applicable to our present Case , which is not yet taken notice of . But the Principle pretence of all that our Adversaries insist on , is , That in those earlier times , the Church was indeed a Society distinct from the State , and whilst it continued so , the deprivations of the State , could therefore not extend to Spirituals , which were the constituts of the Church as a Society distinct from it : But that there is no necessary consequence , because it was so then , that therefore it most be so now : That the Reasoning from the Sense and Practice of those Times , does indeed hold where the Case is the same as it was then , That is , where the State consists of Infidels ; but not in ours , wherein the State professes the Christian , Religion . This is suggested by the worthy Author of the Defence of the Church of England , as he calls it , from the Charges of the Vindicator . And he has therein managed the Reasoning Part of this Dispute better than the Doctor , in that he has pitched on the particular Proposition , which he thinks needs further proof in the Scheme of the Vindicator , seeming withal to allow that if this also be cleared , the rest of the Vidicators Proof will hold , as being firmly superstructed on it . This therefore brings the Question to a short issue , and affords a further Subject of useful Discourse , for improving what has been said already , and I therefore return my hearty thanks to that Author for it , only wishing that he had allowed himself a larger Scope for making that out , which if proved , would have been so very considerable for his purpose . Supposing he had proved his Assertion true , yet other things , remain'd to have been proved further , for making it applicable to our present Case . Something more had certainly been requisite for his purpose , than barely to suppose the Magistrate barely Christian. He might easily have foreseen that , even among Christians , there are different communions , on account of HERISY and SCHISM . If the Magistrate therefore be guilty of either of those , he is as uncapable of Uniting with the Church in one Cmmunion , as if he were an IDOLATOR . And I suppose all the ground that worthy Person has for making a believing Prince's Case different from that of an Infidel , in order to the Church's coalition into one Body with the Society that is governed by the believing Prince , must be the Church's Union in Communion with him , which it cannot have with an Infidel . For that Political Union , which is requisite for Secular Government , as far as it is consistent with difference in Communion , as to Spirituals , the Orthodox are as capable of maintaining with INFIDEL Princes , as they are with either HERITICKS , or SCHISMATICKS . And for applying that Case , he might have considered further , how far Communicating with Schismaticks in other places , and setting up Schism where he found the true Communion established by Law , and allowing no Patronage of Law , without Schismatical conditions , may go to prove a Prince's Case SCHISMATICAL . Then supposing the Church and State united into one Society , he should have enquired further , why this Union must rather be under the Secular , than the spiritual , common Monarch . This , I am sure , is against the General Rule of Subordinations , to make the more Noble Power Subject to that which is less so ; and therefore ought to have been proved by reasens peculier to this particular coalition of two Societies into one . Such peculiar Reasons I doubt are more then ever we can expect from him . But supposing both these difficulties surmounted , that the Church had a Prince of one Communion with her , and that the two Societies now united , were to be Governed rather by the PRINCE , than the METROPOLITANE ; Yet still another Question remained worthy his Consideration , how long this Union was to hold ? If irrevocably , then the Church would be left destitute of a Power , necessary for her subsitence , whenever the Prince should Apostatize to Infidelity , or an Infidel should succeed him by the Rules established for the Succession . If therefore the Church's Power be granted revocable , the Enquiry then would be , whether the Grant can in reason be supposed to hold any longer than the Prince's Protectoon of her . If so ; then whether , when he revokes his Protection granted on Conscionable terms , and Persecutes his Fellow Brethren , for no other reason , but for being true to the Principles of the old communion , this be not the very Season wherein they are , in Conscience , absolved from their old Grants , and are perfectly free to resume their old Spiritual Liberties ? I know our Adversary will understand me , without any further application . § LVII . The Prince 〈◊〉 account of his being only a Christian , has no Title to any Spiritual Authority . These things , I say , had been requisite to make his Doctrine Practicable , if it had been proved , and proved as well as himself desires to prove it . But , for my part , I am perfectly of the Vindicators mind , nor do I see any reason to doubt but that his whole Proof will hold , if this be the only suspicious Proposition concerned in it . I see no reason , why the Church should loss her Liberties , or Princes gain more Power by their Conversion , than they had before . The Nature of the thing , does not the least require it . Princes , when they are received into the Church's Communion , are received , as other Laicks are , by Baptism ; which can therefore intitle them to no more Power , than other Christians , who are admitted into the same Society , the same way , as they are . As therefore Baptism alone confers no spiritual Authority to others , no more it can to the Prince , who has no Preheminence above them , on this account . When therefore he is baptized , he still remains , in reference to spiritual Power , no more than a Private Person , as all others do , who have no more spiritual Authority given them , than what is conferred upon them in their Baptism . How then comes he by this Power in Spirituals , which our Adversaries challenge for him ? All our forementioned Reasons proceed as validly against his claim of spiritual Power , whilst he continues only a Lay-man , tho' Baptized , as they did before his Baptism . Still , the spiritual Power is grounded on the Power of rewarding and punishing Spiritually , by admitting to , or excluding from , the Spiritual Benefits of the Society . Still , the Power of that admission to , or exclusion from , those Benefits , depends upon the Power of the Incorporating Rites ; which being granted , admit into the Body , or if denyed , exclude from it . Still the Incorporating Acts , are the two Sacraments , as we are Baptized into , the spiritual Body , and as we are made one spiritual Body , by our partaking of one Bread : So that none can have the Power of these Incorporating Acts , who has not the Power of Administring the Sacraments . Still , the Power of Administring the Sacraments , is proper to the Evangelical Priest hood ; and it is still , as unlawful for Princes to invade the Sacerdotal Offices , as it was under the old Law , when the Prince was obliged to be always of one Body , with the Priest-hood , in reference to Religious Acts of Communication . Still , the Reasoning of St. Clemens holds that Laymen are only to meddle with Acts properly Laical , and proceeds with more Force than in the Case wherein that Holy Apostolical Person used it . The Gifted Laicks had been Baptized as well as our Believing Princes , and in that regard were every way Equal with them . But as they were endued with Spiritual Gifts , they were better qualified for extraordinary Calls to Acts of sacerdotal Power , than Princes can be by any Pretensions to , or Advantages of , Worldly grandeur . Baptism indeed makes the Prince and the Church one Society , as the Prince is thereby incorporated into the Priviledged Society of the Church , But then , this Baptismal Union is rather of the Prince to the Bishop , than of the Bishop to the Prince , and therefore on the Bishop's terms , not the Prince's . How then can the Prince's being receiv'd into the Church as a private Person , and as a Subject to the spiritual Authority , intitle him to any of that same Authority , to which by his Baptism , he professes his subjection ? He is indeed so far from being a Publick Person in his Baptism , that the Obligation and Benefits of his Baptism , are wholly Personal to himself , none of his Subjects , being in the least , concerned in it . If he had acted as a Publick Person in it , his single Act had obliged all his Subjects , and would have consequently intituled them to all the benefits of his stipulation . But this is more than our Adversaries will pretend in this Case . How then can an Act purely Personal , intitle him to an accession of Spiritual Authority ? § LVIII . A whole Nation , by Baptism , may be made one Society in the Church , without prejudice to their being still a Society distinct from it . Thus far therefore it is certain , that a Prince's admission into the Church , is not alone sufficient for a Coalition of the State into one Body with the Church , because that other Body of the State , whereof he is head , is not the least concern'd in this Act of his as a Private Person , not as a Publick , much less as a Head of any Body at all . Suppose we therefore the generality of a State converted and Baptized also . This will indeed make them one Body with the Church . But on the same terms as it made the Prince one , that is , on the Church's terms , not on theirs : That is , by so many repeated Personal Acts qualifying them for , and receiving Baptism , as there are supposed to be particular Persons in that whole Secular Society , and as so many private Persons , not as invested with any publick Authority in another Society . Still , therefore , Proselites of that kind , how numerous soever , can never hurt the Authority of that Society , into which they are Incorporated only , as so many private Persons . A whole Nations therefore , how populous soever , coming in on these terms , cannot change the Spiritual Society from what they find it . They add to the numbers of the Subjects of the Spiritual Society , and in that regard , should rather advance , than diminish , the Authority of that new Society into which they are Incorporated And as their accession to the Church cannot make any change in the Government of the Church , so neither in their one . Their admission into the Church being only the Act of so many private Persons singly considered , can therefore not concern them as a Society , can therefore no way affect them as publick Persons , and as concerned for the Government of the Society , into which they were Incorporated before . There is therefore on neither side any explicite renunciation of ancient Rights , nor yet by any fair Interpretation . Their coalition into one Body with the Church , does not dissolve the same relation they had formerly to different Societies , on different considerations . The Bishop , though he act the part of a Publick Person in admitting them into his own Spiritual Society , does not thereby put off his former Subjection as to Temporals , nor acquire any thing inconsistent therewith . Nor does the Magistrate by his Subjection in Spirituals , profess any thing not fairly reconcilable with his Temporal Sovereignity . Their coalition therefore into one Body , is very well consistent with their still continuing as distinct Societies as they were before . Nor does our worthy Adversay object any thing to prove the contrary , but that upon Conversion and Baptism of the Seculars , the Church and State consist of the same Persons . How should the Church and State make Two distinst Societies , says he , where the Church and State consist of the very same Persons ? The very same way , say I , as our K. EDWARD the III. was , at the same time , a SOVEREIGN of England , and SUBJECT of France , when he swore homage to Philip of Valois for his Dominions in France . Yet who doubts but England and France were then two distinst and perfectly independent Societies ? The same way as the BISHOP himself was the Head of the CHURCH , and yet a Subject of the STATE , therefore a Member of BOTH Societies , antecedently to any such Conversions , or any Pretence that could be therefore made , for a coalition of both into one Society . Conversion therefore , thought it bring all Persons into one Society of the Church , yet does not hinder but that the Two Societies of the Church and State , continue as distinct from each other as formerly , whilst the same things remain that made them two Societies formerly . And Conversions do not hinder but that they may still remain so . Still , the Spirituals and Temporals , are as distinct as ever . Still , the same Right continue for the Bishops to be the competent Judges of Spirituals , as the Magistrate are , of Temporals . Still , the same distinction of Laws continues , by which the Two Societies are governed as formerly . That the Church is to be governed by the Church , which are made by a Consent of the Ecclesiasticks , and that the State is governed by the Laws , which receive their Sanction from the Lay-Authority . Still , the Independence continues , that the Bishops are as supream unappealable Judges for Spirituals , as the Magistrates are for Temporals . Conversions I am sure , do not hinder , but that this also might have remained as it did formerly . For such a coalition of the Two Societies as our Adversary reasons for it , would be necessary that the Government of one of the Societies should surrender , or acknowledge a dependence on the Government of the other . But neither of them can be pretended at the first Conversions of Magistrates . Neither of them now , in the Case of the Church of England . The name of Head , on which our Adversary insists , is long ago laid aside by Q. Elizabeth . And one of our Articles disowns all Pretensions of our Princes to the power of preaching the Word , and administring the Sacraments . This Article is ratified , and made Law by an Act of Parliament . Upon these Considerations , we can fairly take the Oath of Supremacy , as thus intrepreted by the Legislators themselves , without owning any subjection of the Bishops , as to Causes purely Spiritual , to the Supream Magistrate , even in England . So far the Church and State are yet , even here , from being made one Society , as our Adversary pretends . The Examples of Bishops taking out Patents for the Right of giving Orders , were , I believe , never known before the Reign of HENRY the VIII . And that I hope our Adversary himself will not plead as a Reign of Presidents . If he do , the Liberties of the People will be no more secure , than those of the Clergy . Nothing was security against him , who made such manifest invasions on the Two Fundamental Securities , MAGNA CHARTA , and his own OATH , taken at his CORONATION . Thus clear it is , that Conversions alone could not make any change in the Rights of Power in Spirituals , of which the Church was possessed before , notwithstanding that the Converts are thereby made one Body with the Church , with which they were not one formerly . § LIX The Church's Obligations are more necessary for the subsisting of the State , than those she receives from the State are for hers . If therefore the Majestrate will lay claim to a Right in Spirituals , it must be on some other account than bare Conversion . That , he must rather lose , than gain by , as I have already shewn , because in his Conversion he comes to the Bishop's terms , not the Bishop to his . Our Adversaries therefore have another Pretence for his Superiority in purely Spirituals . That is , the benefit that the Church enjoys by the Magistrate's favour and protection , the honours and profits annex'd to the sacred Offices , and the security she has thereby against Adversaries , and the assistance of the secular Arm for reducing Rebellious Subjects by secular coercions . For these things they think her obliged in Gratitude , to remit some of her former Rights , by way of compensation for them . And this Obligation in gratitude they conceive sufficient to engage her to an implicite and intrepretative Contract to continue this remitting of Rights on her part if she will , in reason , expect that the Magistrate shall continue his Favours . But , I confess , I cannot see , proceeding on Principles that must be granted by all who believe Religion , but that the disadvantage will still lye on the side of the Magistrate . For by this way of Reasoning , the implicite Contract for remitting Rights , will lye on that side which is most obliged ; and that side will appear most obliged , which receives more benefit by the commerce than it gives . For this consideration of remitting Right , on account of Gratitude , comes only in by way of compensation for what is wanting on its own side , to make the benefit it confers equal to that which it receives . But I cannot imagine how the Magistrate can pretend his Favours equal to those which he receives by Religion , especially the true Religion . So far he is from exceeding them , so as to expect any compensation for arrears due to him on ballancing his accounts . It is by Religion , and by those Obligations which nothing but Religion can make sacred and inviolable , that he holds his very Throne it self . If he hold his Throne by Compact , nothing but Religion can hold the Subjects to the Contract made by them . If by any other Right , nothing but that can oblige them to pay him that which by any sort of Right soever is his due . Where he has no force to exact duty from them , nothing can restrain them but ties of Conscience , and nothing alse can lay a restraint on their Conscience but Religion . Where he has a power of Force , yet even that is not near so formidable at the irresistible power of Heaven , and the fear of future and eternal Punishments . No Considerations but those , can curb them from secret Practices , which oftentimes subvert the greatest Humane Force by degrees insensible , and therefore unaviodable . Nor is any Religion so conget on these accounts , as that which is truest and most acceptable to GOD. GOD may be obliged , by the general Laws of Providence , for the general Good of Mankind , to inflict Imprecations made for securing Faith , even in false Religions . But he is most present at the Offices of his owe establishment , and therefore they have the greatest reason to fear them who imprecate in that form which is most suitable to the ture Religion , No Religion so formidable at that which threatens future and eternal Pains in case of Violation . No Religion can so well assure Us of the future and eternal State , as Revealed Religion . No Revelation so well evidenced by Credentials attesting it in Ages of Writings and accurate Information , as our Christian Religion . No one Communion even of Christians , so just and equal against Invasions on either side , either of the Church , or the Magistrate , as that of the Primitive Christians ; and of these Churches which lately came the nearest to those Primitive , in these late flourishing Dominions . Thus it is every way certain , that the Church does more contribute to the security of the State , than that secular Protection , which is all the State can contribute , does to the security of the Church . The Church can subsist by her own Principles , if she will be true to them , without the support of external Power . The State cannot subsist without Force , nor secure her Possession of a coercive Power , without the support of Religion . Thus , even in point of necessity , the Church is more necessary to the State , than the State is to the Church . § LX. The Benefits received by the State from the Church , are also greater than those which the Church receives from the State. Nor only so . But the Obligations on the Church's side are greater , and more beneficial to the seculars , than those of the seculars can be to the Ecclesiasticks . And this is withal a great consideration in judging concerning the Measures of Gratitude , and the extent of what is to be done , in order to a compensation . The greatness of the benefit on one side , is the principal thing that requires additional Offices on the other side , to make an equality on both sides , which is that which we call a Compensation . Indeed the necessity of it is no otherwise a Consideration in this matter , than as the need we have of a thing adds to the Price expected for it in ordinary Commerce . But the Benefits of Religion are without compare beyond all that can be pretended from the power of the State. Consider we the Supream Magistrate in his own Person ; and all that he enjoys as a Prince , is not to be mentioned with what he may expect as a Member of the true Cammunion , and a Professor of the true Religion . Our Saviour himself has told us , that his gaining the whole World , is no purchase nor profit , if he lose his own Soul for it , and that nothing can make amends for such a Loss . The Magistrate who believes his Christian Religion true , cannot avoid believing this . And how can he that does so , think the Church in his arrear for his favour and protection ? This is , and in reason ought to be , of more censequence to him than his Crown and Scepter , which are a very small part of the purchase mentioned by our Lord , nay , than the flourishing of the whole Community for which he is concern'd . But we may consider him further as a publick Person , inspired with a publick Spirit , and with all that Zeal for the good of his Community , which becomes his noble publick station . Consider him as devested from all private , though greater interests , in his Acts relating to the publick ; yet even so he must believe the whole Society , for which he is concerned , more obliged by being admitted into the true Church , than that any thing that he can do by the power and interest of his whole Society , can ever recompence it . So far he is from any hopes of supererogating and obliging the Ecclesiasticks more than they deserve , though all the favour done , were no more than their admitting his whole Society , into the true Communion . The saving of one Soul is , in our Saviour's now mentioned Doctrine , a greater benefit than what can be performed by the greatest Worldly Power . But the receiving his whole Community into their priviledged Society , is a publick benefit to the whole Community , and a benefit of the highest kind , far exceeding that of which a single-Soul is capable , which yet is too great for him to hope to recompence . As therefore he is obliged upon account of his Socitey , to be grateful for kindnesses received from the Church , so he never can hope by all the publick power of the Society of which he is possessed , to make even with the Ecclesiasticks . When he has done all he can , his good will must by the Ecclesiasticks be accepted for his deed . How can he then oblige them to any further accounts on their part ; that are to be made up by cession of their just Rights ? Even as to Temporals , the whole Body of the State , and the Prince as concerned for the Body , are more obliged to the true Religion , and the Society in which alone it is to be had , than they are ever able to requite . Not now to mention the Temporal Blessings to which they are hereby intitled , Godliness having the Promises of this Life , as well as of that which is to come ; all that Justice in Conversation , all that sweetness and obligingness which their Duty to GOD obliges Religious Persons to shew to all with whom they converse ; all that sincerity and open heartedness which makes Mankind love , and trust , and please each other , are the most genuine fruits of the true Religion , where it is heartily believed and practised . It can therefore be nothing but inconsideratness , and disbelief , and forgetfulness of the true value of things upon sober consideration , that can tempt the Magistrate to think that the Church is so over-obliged to him for his protection , as to need a compensation . § LXI . If the State had been capable of conferring the greater Obligations , yet a good Pious Magistrate could not , in reason , desire su●h a recompence as should oblige the Church to yield any of her Ancient Rights . It rather on the contrary appears , that the greatest Obligations are on the Church's side , and that therefore what compensation by cession of ancient Rights , was necessary on account of Gratitude , was rather to be expected from the Magistrate . The best and most pious Magistrates have always thought so , who were certainly the most competent Judges of matters of Religion . Yet supposing it possible , that the State could supererogate ▪ a pious Magistrate would never desire nor accept of such a recompence , as should oblige the Clergy to yield their ancient and original Rights , conferred on them by GOD himself at their first establishment . He would presume that Power was necessary for the good of the Spiritual Society , which GOD was pleas'd to put them in possession of , antecedently to the favours of secular Princes , and could not find in his heart to deprive the Spiritual Society of any Power which GOD himself had judged necessary for it . He might the rather presume it concernin a Society instituted under a Persecution , and designed to continue the same under all the Revolutions , not only of his own , but all other states in the World. He would consider himself also as a Trustee of the Power committed to him by GOD , and therefore under an Obligation to manage the Trust in that way that he could judge most agreeable to the mind of him who had committed the Trust to him . He would therefore think himself obliged to value all things according to the value that GOD has put upon them ; principally to regard that which was principal in the design of GOD , and to make all other Considerations subservient to it , which GOD intended should be so . This would oblige him to make all Designs for the Temporal Prosperity of his Subjects , ultimately useful for the publick good of their Souls . This would oblige him further , to mind that in the first place , and principally those Expedients which more immediately tend to the promoting it , and all other Temporal Politicks no otherwise , nor further , than as they also may promote it , or at least be consistent with it . And in this way of Reasoning , I know not how he could avoid preferring the Spiritual , before his own Authority , and therefore managing his own Authority in subserviency to it , for the promoting and supporting it , not for diminishing it . This I am sure every truly Christian Magistrate , must look on as more solid and Judicious Reasoning , from the Principles of the Christian Religion , and securer therefore for his last Accounts to GOD , and his Soul 's Eternal Interest , than to suffer himself to be influenced in matters of so momentous a nature , by Atheistical fooleries and flirts of being Priest-ridden . This therefore being supposed , how conscious soever such a Magistrate might be of his own good Will to the Church , yet he would not be willing to accept of any branch of that Power which GOD had judged necessary for her , that himself might have the managing it for her interest . He would not think it for the Glory of his time , upon any pretence whatsoever , to leave that Holy Society more destitute of Power than he found her . He must needs think , that GOD's own settlement of it was the wisest , that they were fittest for administring the Power , who , by the Nature of their Function were best qualified to understand the Causes in which it was conversant , and who were most concerned for the good of the Society , for whose use GOD had given it ; and who by Obligations of Conscience , and by being destitute of external force , were the least likely to design , and least able to carry on encroachments to the injury of lriva powers . He would not be willing that a Successor should be trusted with an administration of such a Power , which , if ill administred , might prove of so dangerous consequence to the Church's walfare , and for whose good meaning he has not that security as he has for his own . He would not easily trust , even his own partiality , of his own mutability , with it . These would be the natural Reasonings of a generous and well minded Prince : And methinks they should be so of pious and generous Parliaments also . Here has been very much Zeal pretended for securing our Church against a Popish Successor : This should make those who call themselves Protestant Parliaments , unwilling to challenge that as a Right of Parliaments in general , which may put it in the power of a Popish Parliament , and indeed of any other that may be of another Communion , to dissolve our Church , as this Power of Lay deprivations will certainly do , if they may be allowed as sufficient to discharge Us from our Spiritual duties to our so deprived Bishops . § LXII , Princes have been allowed by the Church a Right to keep Persons out , not yet Canonically possessed ; but not to turn any out , who were already in Possession of Bishopricks . And that without any proper Cession of Right on the Church's part . Thus it has appear'd , that a well meaning Magistrate to the Interest of the Church , and Religion , has neither Obligation nor Equity to expect such a cession of Spiritual Rights on the Churches part , as a compensation for his Protection , nor would himself be inclinable to think he had any . What ill meaning ones may expect , is not worthy our regard . Such are too partially concerned , to be taken for competent Judges in Affairs of this nature : They neither deserve such a Cession , nor indeed are fit to be trusted with it . However we deny not , but that the Magistrate has a Right in the disposal of those favours which are requisite for the Churches interest in order to a legal Settlement and Protection . And he has withal thereupon a Right to expect a Security to be given him for his own Temporal Power , against invasions from the Ecclesiasticks , in consideration even of that Act of Justice , of securing them also from the like Invasions from the Temporal Power , by his employing it in their defence , though he be otherwise obliged in Conscience to protect that which himself believes to be the true Religion and the true Communion . But then this is no proper Cession of Spiritual Rights . For even antecedently to the amicable correspondence between the Church and State , the Church was as much obliged in Conscience to forbear encroachments on the Temporal Rights , as the Magistrate was on the Spiritual . Only the difference was , that before the correspondence , the Church her self took upon her to judge concerning the trustiness of the Persons put in Office by her , having then no access to the Civil Magistrate ; but afterwards she suffered him to judge himself of his own security . That was by not having Bishops imposed upon him to enjoy his Temporals annexed to their Office , without his own approbation which was no more than what was generally reasonable on equal terms . This sometimes allowed him a power at first of stopping any Person proposed if he did not like him , sometimes of pitching on the Person by the Right of a Lay Patron . So also he was allowed to judge concerning Canons , whether they might prove prejudical to the Temporal Government , before he seconded them with his Temporal Government , and by secular Coercions , which was also very just and equal , without any cession on the Churches side . For this was only allowing him to judge where his own Power and Right was concerned . But then this Right was only to keep out a Person who was not yet possessed of the Power he pretended to , by even the spiritual Right of Consecration , and therefore no Act of Authority upon a Bishop properly so called , but only on a Candidate for the Office. But there was never any Act of the Ancient Church so much as pretended , that I know of , that ever Allowed Princes to turn Bishops out of their spiritual Rights , without Synods , when they were once Canonically possessed of them . No Emperors of the same Communion that acted sedately , and like Persons who regarded Principles , who ever attempted it , without at least packing or pretending Synods for the deprivation of Bishops . The Canons omitted by the Doctor are sufficient , if there were no more , to shew that this was , at least , the sense of the Church , and Jurisdiction of the Constantinopolitan Patriarchate . And even this Power that was allowed , was allowed on Obligation of Interest , not of Conscience . None could pretend to the Temporals annexed to the Episcopal Office without the Princes consent . And whilst the Correspondence between the Church and the Prince held , there was no need of separating the spiritual Rights form the Temporal . But the Church was at perfect Liberty in Conscience , if she was willing to want the Temporals , to give the spiritual Power alone , and much more to continue it , where it was already given , if she Judged the Prince's Impositions more prejudicial to her spiritual Society , than his Favour was advantageous ; and when that Case fell , she was to Judge . Thus much therefore may be allowed the Magistrate on account of his own Right , without any thoughts of Cession of the Church's Rights , and without any acknowledgment of Obligation from the Magistrate that should make a Cession necessary , or so much as reasonable . And the acknowledging a Liberty in the Magistrate to keep out , does not in any Equity of Interpretation infer a Right to turn out Bishops , and absolve their Subjects from their duties to them in spirituals , and with regard to Conscience , this being greater than the Right that is confessed . Thus therefore there is not the least ground for an implicite compact on the Church's side , for Cession of her Rights and Liberties . For this cannot be proved , but from the Nature of a greater Obligation , than can be othewise made amends for , without a Cession , or a grant of things greater than that of deprivation : Neither of which can be here so much as pretended , and therefore the Church cannot in reason be pretended to have done it by a tacite consent , or an implicite compact . And for an explicite compact , that may seem to have agreed to it , I do not think our Adversaries can pretend any , before that Reign of Violence , against Sacred Rights , especially , of Henry VIII . a Prince unbounded by any sense of Right whatsoever whether Sacred or Secular . § LXIII . The Power of turning out Bishops once Possessed , too great to be granted on any Consideration whatsoever . Indeed the Nature of this is such as cannot be granted by any Society that is absolute , on any Consideration whatsoever . No Obligations that can be lay'd on a Society can be valued by it more than its own subsistence . It must Be , to be capable , of receiving Obligations , and it must have a Security of its continuance , in order to its having a Security , that the Obligations shall be continued also . It s subsistence therefore is antecedent to all possible Obligations , and therefore the securing that , is of more importance to it than any possible Obligations . No present Obligations , can be a sufficient recompence for them , to put it in the Power of another , to dissolve and destroy them as a Society . Especially such Obligations , which concern them principally , as they are a Society . They are therefore only Obligations Perpetual , that can pretend to be an equivalent for a Society , ( that may promise to it self Perpetuity , if governed by it self ) to put it self in the power of another Society , of interests seperable from its own . But that such Obligations to their Society , shall be perpetual , they can have no Security , unless they be first secured , that the Society it self shall be so . And for this , it is a very justly suspicious circumstance , if the Magistrate , who pretends to confer the Obligations , refuses to do it , but on condition that the Bishops will submit to hold during his pleasure . He who designs to weaken the security they have already , is justly to be suspected of a design on the security it self . And the Church must needs look on it as a Diminution of the security , for her subsistence , if from subsisting as long as her self pleases , ( so she may do , whilst she has her own Government in her own hands ) she must be reduced to depend on the pleasure of another , of affections variable from her Interests . She has therefore reason to break off all Treaty with a Magistrate , who should openly treat with her on such terms , as the Sheep were obliged to do ( in the Apologue of Demosthenes ) when the Wolves are said to have made specious proffers of Peace , and future kindnesses , on a like condition that the Dogs ( which were the only real security the Sheep had to oblige the Wolves to performance ) should be delivered up to be destroyed by them . So Semiramis when no doubt with great professions of good will , she had prevailed with Ninus to allow her the Liberty of commanding his Dominions for one only day , secured it to her self for ever , by destroying him before the time appointed for her resignation . For to allow this Power to the Prince of depriving the Supreme Governours of the Church , I know not how it can be contrived without danger of ruine to the whole Society , or at least , without lessening the security it has , whilst it is confined to the Ecclesiasticks . To allow him a power of derpiving alone , without a power of filling their Sees by substituting Successors , will not indeed involve us in Schisms by communicating with those who administer their Jurisdiction for them by Authority derived from themselves , tho' the Bishops themselves cannot interpose in the Administration of it . But it will at least disable the incumbent Ordinary , to perform any Episcopal Office for his life , if the the Magistrate be pleased so long to disable him for it . And by the same reason as this is granted concerning any one , it may hold concerning the whole Episcopal College in the Dominions , if he be pleased , with a design of ruining the spiritual Society , to deprive them all for the same term , of their several Lives . For this must evidently hazard the whole succession , and dissolve the Constitution of the Church , and in the next Age , at least , in the opinion of the greatest part of Christendom , if none of the Bishops in being , be permitted to secure the succession by new consecrations . For this is a power greater , than what is supposed to be in those who exercise their Jurisdiction in their Absence . The Presbyteries , may perform what is requisite for their own time . But the Power of Ordination , is not given them , without which a succesion cannot be secured to posterity . To provide against this intolerable consequence , The Church is obliged to take care that the supplying the Sees with new Bishops , be not deferred so long till the whole Episcopal Order be Extinguished . Either therefore the Magistrates deprivation must discharge the Subjects from their Obligations in Conscience to the First Bishops , or it must not . If it do not discharge them , the Second Bishop who is consecrated into a full See , where duty is still obliging , must be a Schismatick , and break the spiritual Society in pieces by intestine divisions among themselves . If he may discharge them , then his depriving all the Bishops , must be taken for a discharge of the Subjects of all the Diocesses in his Dominions , from their duty to all their Bishops , which must consequently disable them to do any Episcopal Act in any of them all , for preservation of the Church , or of their own Order , if the Obligation of such deprivations , may be supposed to extend to Conscience . Thus the Church must necessarily be dissolved and destroyed whenever the Magistrate with the consent , and assistance of the greater Society , shall be pleased to dissolve it . This is inevitable wherever two absolute independent Societies by compacts do Unite in one , under the Government of one of them as absolutely Supreme . Our Adversaries themselves will grant it in the other Case of encroachment of the Ecclesiasticks , on the Rights of the secular Magistates . When the Pope was allowed a Power of depriving Princes of their Crown , and absolving their Subjects from their Duties , and Oaths taken to them , it was impossible for Secular Governments to defend themselves against the Pope , tho' then the removal only of the Person was the thing pretended . In this Case , our Adversaries themselves are sensible that the whole Society is concerned in him , who has the power of the whole Society , and the whole Right of Governing is concerned when a Possessor is put out , who has as much Right by the Establishment as any other can have who shall pretend to succeed him . And why can they not see the inevitableness of the same Consequences , in the contrary encroachments of the State upon the Church , maintained by themselves . This therefore is a Power too great to be recompenced by any possible Obligations the State can put upon the Church , and therefore such as ought not to be alienated upon any Possible pretence of Obligation . § LXIV . In this Case , particularly , no Temporal Favour whatsoever can make amends for the loss of the benefits of the Spiritual So ciety . There can therefore be no implicite Contracts for such an Exchange that can in Equity oblige the Ecclesiastical Governours to performance , tho' it had been in their Power to make such a Contract . Particularly , this Reasoning holds in our present Case , more strongly than it would in others . It may indeed be possible , by being Members of another Society , that all the Particulars of which a Society does consist , may enjoy greater advantages by being dissolved into another Society , than by being a Society by themselves , and at their own disposal . And a Case may therefore fall out , wherein a less beneficial Society , may not only put their Liberties in the power of another more beneficial Society , to be by it disiolved at pleasure , but may also actually surrender their very Liberties themselves , in consideration of greater benefits , to all the particulars of the less beneficial Society , not only than those which they possess on account of their Incorporation , but also than that Liberty also which they enjoy on account of their independency , which is it self also a very valuable benefit , and adds considerably to the other advantages of their present Society , in the common esteem of Mankind . But for this , two things are requisite to make the Case Practicable , neither of which are applicable to the subject of our present Discourse First , the benefits of the New Society , must indeed be more valuable than those of the old one , together with their Liberty considered into the bargain . 2dly . They who are possessed of the Rights of the old Society , must be possessed of them on their own Accounts , not as Trustees of any other , that so they may have no further Obligation to preserve them , than their own present Interests in them , and may therefore be at Liberty to accept of considerations of graeter present Interest . If either of these Considerations fail , they cannot think themselves obliged in Equity to stand to such a Contract , especially where no more is pretended than an implicite one , not expressed in Words , but gathered only from considerations of Equity . And here neither of them can be so much as pretended . First it cannot be pretended that any Secular Favours or Immunities whatsoever can make amends for the benefits of their present spiritual Society . This has been proved already . I shall therefore here take it for granted . Indeed it is in our present Case so very manifest , that I need no great Favour of our Adversaries themselves to give me leave to do so . Supposing it therefore granted , all the Rules of equitable Reasoning in the sense of those Ages wherein the State first became Christian , will relieve the Church against any such pretentions , as are here insisted on , of an implicite contract for surrendring her independency . Societies had in the Roman Civil Law ( which is the best standard for judging what was thought equitable in those times ) the same favour as Minors , from being obliged by over-reaching Contracts . And indeed there was reason for it , when their Interests were transacted by others who as seldom consulted the sense of the Communities , as Guardians did their Pupils , and who were liable to as just suspicions of corrupt insidious dealings , and private interests , as Guardians were . This therefore would allow the Church a Restitution in integrum , a perfect rescission of such a Contract , made in her name by her Representatives , where the disadvantage was in it so manifest , as the alienating spiritual Rights in exchange for Temporal ; and the contract had yet proceeded no further than to be implicite only and interpretative . Indeed here the very Representatives themselves might expect to be relieved in Equity . For , receiving a valuable consideration , is that which is expresly mention'd , even in our Modern Contracts , even where that valuable consideration it self is not mentioned , purposely to prevent their revecableness , if it had not been mentioned . It is therefore supposed that when the Consideration is not valuable in comparison with the Right contracted for , it is but reasonable in Equity , that such a Contract be rescinded . Especially , where the Contract is not expressed in Words , there is no reason in Equity to presume that any such Alienation was intended . All that can be pretended in this Case , is , that the Prince's Favour , and Protection , is accepted of by the Representatives of the Church . But how does it appear , without an explicite Contract , that it is accepted of with a design of entring into a Contract ? How does it appear , that it is accepted of as a consideration ? How does it appear , that any Right , on their own side , is intended to be parted with in consideration of it ? How does it appear , but that it is thought already sufficiently required in the favour already conferred on the Prince and his Subjects , in admitting them into a Society so much more beneficial than their own ? If any Cession of Rights , had been thought of , why must it needs be of a Right , so essential to its subsistence and continuance , as that is of the Independence of the Supream Govornours of their own Society ? How can it appear , that in accepting of the Prince's favours , such a Contract as this was ever thought of ? Nay the very unequalness of it would be in Equity a strong Presumption , that it was not though of , nor intended , nor ever would have been consented to , if it had been expresly insisted on . It is certain many kindnesses are accepted of , without any thoughts of a Contract , It is strongly presumable such an Alienation as this , would never have been consented to , if it had been thought of . Here is no proof of a Contract , but bare acceptance . On these considerations , there can be no reason or Equity to oblige the Ecclesiasticks to stand to so partial an Interpretation of a Contract imposed on them by their Adversaries . Indeed there can be no such Contract at all , as an implicite one , which can be no otherwise proved , but by reasonable equitable Interpretation . § LXV . But here it is not in the Power of the Ecclesiastical Governours to make such a Contract . Thus much might have been pleaded for discharging the Church Officers from these Obligations , though they had indeed a Power to oblige themselves thus far , and had no more to do in this matter , than to consider whether there were prospects of present Interest sufficient to induce them to it . But that is not the Case here . All they can do , on any consideration whatsoever , by any however Explicite Compact is not sufficient to Alienate that Power , by which the Church must again subsist , whenever the Magistrate deserts her . For this Power is not her own , but a trust commited to her by GOD , and a trust committed to her , with a design the Power should be perpetuated . Whatsoever therefore she does , she cannot oblige God by an Act of Alienation of it . So a Servant that should Alienate his Lord's Rights without his leave , cannot hinder his Lord from challenging them again , nor any other Servant who is impower'd by his Lord to demand them . This is allowed among our hired Servants , and much more with the Roman Slaves , to whom the Scriptures allude in this matter . ( The Apostles themselves call their Office a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Words in the Language of that time importing Slavery . ) such were usually then intrusted with Stewardships . And the lower degree of Slavery , that of a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 St. Paul looks on as a higher dignity of his Apostolical Office. And he calls his Power a trust , and a dispensation , and looks on himself as under an Obligation of fidelity , to discharge it according to the mind of him who had committed the trust to him . This was undoubtedly to signify the Nature of his Power by the Roman Civil Laws received at that time , which allowed Servants to acquire Actions to their Masters , but not Alienate them without their express command . The Apostles themselves therefore were not at Liberty to Alienate this trust committed to them upon any considerations whatsoever of their own private convenience ; nor much less can they do it , who now succeed them in a Power , indeed derived from them ; but in many particulars more limited than theirs was . Besides this Power is intrusted with them not for themselves only , but for the interest also of Souls in general . Thence it appears that they cannot be allowed to dispose of it on considerations relating to their private Interests . As it is a Trust for others , the same Notions will take place here which did with the Roman Tutors and Curators , who where also Officers in Trust for managing an Interest which was none of their own . Nothing they did to the Prejudice of the Pupil could oblige him to performance . Especially if they presumed to Alienate any part of the Inheritance entrusted with them on considerations of private Interests of their own . Such Contracts were perfectly rescinded , and left no Obligation on him to ratify them when he came to age , as other Contracts might , which were beneficial to him . Here therefore they could lay no Obligation on GOD , to ratify their Alienation of the Power intrusted with them , to the Civil Magistrate . And yet without a Right obliging GOD to ratify what was transacted by the Ecclesiastical Governours , all the Conveyances they could pretend to make of their Spiritual Rights to the Magistrate , must be perfectly insignificant For then GOD may still own him for a Bishop who is deprived by the Magistrate , and disown that Person as an Intruder , who is substituted into his Office by the Lay Power . For it is GOD'S Act alone that can determine the Question as to Right , and with regard to Conscience Seeing therefore the Ecclesiastical Governours cannot confer a Right upon the Magistrate to have his Acts ratified by GOD ; after all the Compacts they can make , the Right continues as it was before . They who had the Right of making and depriving Bishops , have the same Right still , and may resume the exercise of it when they please , and are obliged to do so , as they will approve themselves faithful to their Trust , when they shall judge the exigences of the Church to require it . What then can their Contract signify , be it never so express ? It on the contrary appears , that no consideration whatsoever of private Interest , can be a reasonable inducement for Ecclesiastical Governours to enter into such Contracts , not only because they cannot validly oblige themselves , or confer any valid Right upon the Magistrate in this matter , which he had not before ; but even in Consideration of their own Interest . Suppose the Favours of the Magistrate were indeed sufficient to countervail the Personal benefits they enjoyed , purely on account of their being the Heads of a distinct independent Body ; yet it cannot be denyed but that the Punishment they have reason to fear from GOD on account of their Falshood to their Trust , is without comparison greater than what can be recompenced by the Civil Magistrate . § LXVI . It is not agreeable to the mind of GOD , that the Church should so concorporate with the State , as that the Bishops should be deprivable at the pleasure of the Civil Magistrate . Indeed the Nature of the spiritual Society as constituted by GOD is such , as that it cannot be thought agreeable to the mind of GOD , that it should so concorporate with the State , as wholly to depend on the Authority of the Civil Magistrate , so as that its Supream Governours , the Bishops , should be subject to him in Spirituals also . It is not agreeable to his mind that the more Noble Society should be subjected to that which is less Noble ; that the Interests of Souls which are more valuable in his esteem than all the Kingdoms of the World , should depend on the pleasures of particular Princes , and the Interests of their particular little Districts . It is not agreeable , that he should trust a Government of principal importance , in the hands of those who are not likely to regard it , as their principal employment , who make the World their principal Study , and take their understanding that , and its concers throughly to be the principal accomplishment they are capable of , for the discharging of that which they take to be their principal Office , and who either take no pains at all to understand the concerns of Religion , or do it no otherwise than as it is consistent with their other employments , which are not indeed of that importance as matters of Religion are . It is much more likely that he intended that it should continue , as himself had settled it at its first establishment , in the hands of those whose Principal care it should be to mind it as it deserves , That is , Principally , and other things , no otherwise than as they may prove subservient to it . It is no way likely that he would have Religion left to their disposal , who by their Office think themselves obliged to be swayed Principally by their Worldly interests , than which there is hardly any thing more contradictory to the great ends of Religion ; to make Reformation of Manners necessary to be begun by Courts , which are usually the Originals of the corruptions of that kind , and the great hindrances to well meant designs of Reformation . An obvious consequence of such a trust would be , that Religion , which Princes do not take for their Principal Work , must be made subservient to their worldly Politicks , which Princes generally take for their Principal employment . And who can think that GOD would ever intend that a Religion at first established in a State of Independency on the secular Power , should afterwards be brought to a State precarious , and depending on the pleasure of the secular Magistrate ? GODS establishing it otherwife at first shewed plainly that it was better for the Church to be independent on the State , whensoever there should be any difference between it and the secular Magistrate . This withal we are certain of , that GOD is not changeable as man is ; but that whilst the same Reason holds , or when the same Case returns , his mind will be the same as it was before . When ever therefore the Magistrate who has once favoured the Church , shall again desert it , and withdraw his Protection from it ; we must then conclude that the Church is in the same condition she was in before the Magistrate received her into his Protection ; and therefore that it is GODS Pleasure also that she should subsist then , as she had done before , on her own Government . On her own Government , I say , as well qualified now , as formerly , for continuance , and perpetuity , by its independence on the pleasure of the Magistrate . This is indeed the only way of knowing GODS pleasure concerning a Case , where no now Revelation is so much as pretended , as none is here , even by our Adversaries . This therefore being certain , that , in Case of a New breach , GODS pleasure is that the Church should again be independent ; it will be also certain , that in the Interval ; whilst the good correspondence holds between the two Societies , GOD cannot allow such an Alienation of Power as shall disable her , in Case of a now breach , to persist on her old terms . This will requite that the old Society be preserved with the old Government of Bishops during the Interval . For the Church is not such a Society as other Humane ones , that can be set up at pleasure by the Agreement of the particular Members of which it consists , whenever they are Free from other antecedent inconsistent Obligations . This is a Society erected by GOD , and requires Governours Authorized by him more than other Civil Societies do , for Obliging him to confer spiritual Blessings exceeding the Power of the Members considered in themselve . GOD has given them no reason to expect , when the breach shall fall , that he will extraordinarily empower Men immediatly as he did the Apostles . The only way therefore for securing the continuance of the Church , is to keep up a Body of Governours . Authorized by the Apostles in that Succession , which has been derived from them to our present times , which cannot be , unless the Succession it self be continued on , in all the Interval of good Correspondence . This therefore requires that they do not suffer themselves so to be Incorporated into the State , as to have no Governours of their own Acting by a highery Authority than what can be derived from the Prince . This consideration alone is sufficient to disprove our Adversaries fancy concerning the coalition of the Two Bodies , under the King as the Common Head of both of them , when , in the mean time , the Church is obliged to continue in her Bishops a power not derivable by any Patents from the KING . This Power therefore not derived from him , must be perfectly independent on him . And indeed no Power but what is so , can justify , and make Practicable , a Resumption of ancient Rights . For what ever depends on the Magistrate , may , and will in course , be taken from the Bishop when the correspondence is interrupted . If therefore , when it is taken away the Bishop has then no Right to Govern , he cannot expect GOD will ratify any exercise of a Power to which he can pretend no Right . But without GOD's ratifying what is done by the Authority , and good reason to presume that GOD is obliged to ractify it , such a Government can signify nothing for keeping the Society in a Body , that has nothing to recommend it , but consideratinos relating to GOD and Conscience . The Alienation therefore of this Power so necessary for securing the Society , being so plainly against the Mind of GOD in giving the Power , no Act of Alienation of it , can expect a ratification from GOD , and therefore it must be Originally null and invalid . § LXVII . The Magistrate is by no means , a Competent Iudge of the Church's Interests . Besides , there are other things so peculiar to the design of GOD , in instituting the Spiritual Society , that make it by no means probable , that it was his pleasure , that it should coalesce into one Society with the State under one common Supream Government , both for Spiritisals and Temporals . It is inconsistent with the Office of the Supream Magistrate , to endure that his Subjects should live under a state of perpetual Violence from another Power , without using his utmost endeavours to resit it . The Church may , and often must , submit to a Persucution , when it is not otherwise in her Power to avoid it but by resistance . She may with great generosity choose a Persecution , when she judges it to be for the Interests of Religion , and it is her Glory to overcome Evil with Good , and to subdue her Enemies rather with Patience and Constancy , than Arms and open violence . She can still subsist and gain by such a state , whereas the Civil state is perfectly dissolved when once that violence becomes irresistable . The Magistrate is , by the Law of Nations , allowed to return violence for violence , and to do many things when provoked by his Enemy , which the Church can never decently do on any Provocation whatsoever . It is for the Interest of the Magistrate ( if he look on Religion as his Interest ) that the Church should be free in her Actings for Reformation of manners , which she cannot be , if the Bishops must , at his pleasure , be turned out of their Office , for no other reason , but their being faithful to it . The Church withal was designed by GOD for a Society that should correspond all the World over , as they did anciently by their Communicatory Letters , as to Spirituals . For her Censures can significe nothing for reclaiming Hereticks or ill Livers , if they extend no further than her own Jurisdiction ; if they exclude not from Catholick , as well as Diocesan Communion . She ought therefore to enquire into new Opinions , as they may occasion difference of Communion , that she may neither recommend Heriticks to the Communion with Foreign Churches , nor receive them to her own Communion , if recommended by them . This cannot be done by single Bishops , because in these things , at least , they are to proceed by a common Rule , and Unanimously , not as in other things , only by a Majority of Suffrages , because no differences of Faith can be born with in the same Communion , as differences of Opinion may be , in other things of lesser importance . This will require frequent Synods , such as they had farmerly before the State was Christian , twice a Year in course , besides what greater Synods , might be thought necessary on extraordinary emergent Cases But these cannot be had , if they must depend on the Pleasure of the Local Magistrates . General Synods cannot be had on these terms , without a General Peace , and freedom from Jealousies , in all the Worldly state , or till all the Dioceses in the World should come under the power of one Secular Magistracy . Nor were there any Synods of that kind before the Conversion of the Empire of the Christian Religion . However , the Church was even then possessed of a Right of meeting in Provincial Synods for her own Affairs , without asking the Magistrates leave , pursuant to the general Right given her by GOD for propagating her Religion . And even those Provincial Synods had such a correspondence as was absolutely requisite for settling Unanimity and a good Under standing between them . But since they have depended on the Pleasure of Local Magistrates , not only this correspondence , but also the Subordinate Provincial and National Synods have been discontinued . Nor can this Catholick Correspondence which is notwithstanding so necessary for all ( even Diocesane ) Discipline , be retrieved , without the consent of so many Local Magistrates , as have Churches in their Dominions , if the Churches must be concluded by these pretended Contracts . But certainly Christ could never intend , that a thing so universally necessary for that Discipline which is to be continued in all Ages of the Church , should depend on a consent of so many different Minds and Interests as are veryrarely to be expected in any Age. I see not therefore why it should be expected that Christ should ratify such Compacts against his own Designs . § LXVIII . The Surrendry of the Clergy in Henry the VIIIth ' s time , cannot oblige their Posterits now . Thus it appears , that no Contract has been made generally , and that none can be made validly , for Alienating the Church's Right , of which she was possessed before the Conversion of Princes . Thence may be judged how little obliging those Act of the Clergy in the Sacrilegious Reign of Henry the VIIIth were , for obliging themselves and their Posterity , never to meet for Affairs concerning their Spiritual Function without the Prince's leave . Had that Right been a Property of their own conferred on them by a Humane Conveyance for the private benefit of their Function , they might indeed have pretended a Right to oblige Posterity by those Acts of Resignation . But considering it as a Right not conferred , but entrusted by GOD himself for greater ends than their own private Interests ; thy can pretend no Right to hinder Posterity from resuming the Priviledges then surrendred , whenever they shall judge them necessary for those great ends for which their Function was entrusted with them . Especially what the Magistrate either has , or can do , in consideration of that surrendry , falling infinitely short of being an Equivalent . Besides it is manifest , that the Surrendry then made , was perfectly forced on them , as well as the Fine was laid upon the whole Body of the Clergy ' on account of the Praemunire they had incurred for owning Cardinal WOLSEY's Legatine Power . It has therefore , on that account also , that consideration of the Force by which it was extorted , for discharging Posterity , from its obligation , which , added to the Considerations now mentioned , will free it every way from the Obligation of the Contract . All that can be said for it , must be grounded on some antecedent Right that the Prince might pretend before his Force ; and therefore it must not wholly be resolved into this extorted Surrendry . For if the Prince had no Right before his Force , he could have none afterwards , on account of Conscience , whatever he might pretend by Human Secular Laws . For his Force without any antecedent Right , had been no other but downright Injustice , which could not entitle him , nor his Successors , to any Right in Conscience . Especially where the Right it self is of that nature , as it is here , that it belongs to a higher than Human Secular Judicatory . It therefore concerns our Advesaries to consider what they can pretend for that Right antecedent to that Force . And I think what has already been proved , sufficient to cut them off from all Pretensions of Right by the Constitutions of the Gospel . For I have shewed , that the Church was possessed of a Right to govern her self independently in visible Districts and Jurisdictions before any Conversions of Princes . I have shewn withal , that no Contract either was made , or could be made , that could dispossess her of that Right , with regard to Conscience . If therefore they will pretend to any such Right antecedent to the forcible surrendry , it must be on some other Topick than that of the Constitution of the Gospel . The tell us therefore , that the Jewish Kings in the old Testament , ordered many things relating to Religion . Thence they infer , that our Princes have the same Power now . But , granting the Fact true , that the Jewish Princes were invested with that Power , it will however by no means follow , that our Christian Princes must be so now , If what I have already proved , hold true . For having directly proved , that the Constitution of the Gospel is otherwise ; the Question then will be , whether Precedents are to take place . And that in this Case , cannot be difficult , according to the ordinary Rules of judging concerning the Practice of inconsistent Laws . These Rules are , That Laws of greater importance take place of Laws of lesser importance ; That later Laws of even the same Legislative Power take place of elder Laws , as being so far virtually repeals of them as their Practice proves inconsistent : That Laws more suited to present Circumstances take place of those which were made on a remoter prospect of our present Circumstances . And by all these Rules there can be no doubt but that now all such Legal Precedents are to be overruled by the peculiar Constitutions of the Gospel . This , I am sure , is generally admitted in other Reasonings of this kind . And there is nothing peculiar pleaded in this Case , why Jewish precedents should rather overrule here than in other Instances . Much less is there any reason , why they should take place at a distance , upon the first Conversions of Princes , when it is so manifest that they did not do so at the first Settlement of the Christian Churches . However , as to this particular of Deprivation , I have already given my reasons against the Magistrates Right , even in the times of the Jews , and have answer'd already what has been pretended to the contrary , from the Case of Abiathar , and those other later Deprivations by the Heathen Magistrates . And this is at present our Principal Dispute . § LXIX . No Reasoning from the Rights of the Jewish Princes to the Rights of Christian Princes now . Indeed in this whole matter concerning Reasoning from the Jewish to the Evangelical Priesthood , I have taken care to Argue barely from what was common to them both , the Nature of Priesthood in general , and in those very instances wherein even the Apostolical Christians admit the Argument . Our Adversaries on the contrary when they Reason from the Princes Power then , to the Power of Christian Princes now ; they do not Argue , as I have done from the Priesthood simply considered , but from the Power annexed to the Priesthood , yet seperable from it , according to the design of GOD in the particular Constitution . The Power of Governing the Society , whose holy Rights are administred by it , is , I confess , very seperable from the Right of Priesthood in general , and whether it was actually annexed to it , or not , is therefore to be judged by the particular constitution . But particularly for the Jewish State , I rather believe that it was not annexed to it . For the Right of Government as annexed to the Priesthood , is founded on the Right the Priest has to oblige subjects by excluding refractory Persons as such , from partaking in his Sacrifices . But so much Erastus has , I think well observed , that the only things that then hindred from the Sacrifices , were only Legal incapacities , such as not being of the Holy Seed , or being under some Legal Pollution ; not any whatsoever immoralities of Life . And therefore the Punishment for not standing to the award of the Priests was capital , as being a disobedience to so much of the secular Government , as it was Theocratical ; not exclusion from the Sacrifices of those who had been contemned by the delinguent Nor indeed was there that necessity that the Government ; even as to Spirituals , should be annexed to the Priesthood then , as there is under the Gospel now . The Prince was then always obliged to be a Jew , and therefore of the Religion establish'd for that Nation by GOD himself . Now his being of an other than the true Religion , is no hindrance by our modern Constitutions , from having a Lawful Right to the secular Government . Then the Prince had a better pretence , as the Head of the Theocracy , to command in affairs concerning GOD ; than any Prince living can now , when no State pretends to be Theocratical . Then all the concerns of the Peculium were confined to that single Nation which was wholly commanded by one Prince . Now the concerns of every National Church , are mixed with those of all the other National Churches in the World , with whom their Prince has no concern at all . This very consideration makes the National Church's Interests seperable from the Interests of their Prince ; of which he can therefore be by no means presumed a Competent Judge . That Priesthood was not intended to be Practicable in a time of Persecution and Independence on the Civil Government . On the contrary , the want of all the Exercises of their Religion was the most dejecting consideration of their Captivities , and one of the greatest inducements for good Men to be earnest with GOD in Prayer for a Restoration . They were then to be without a * Priesthood , without an † Ephod , without a Teraphim . And the ‡ Temple of the Lord was the Principal thing bemoaned by them who pretended any Zeal for their Nation or Religion . No doubt on account of their losing all the comfort of Sacerdotal Ministrations which could be performed in no other place besides that particular Temple . Then the loss of their daily * Sacrifices was the highest Calamity that the Antichrist then expected could bring upon them . And the perfect uselesness of the Priests afther the destruction of the Temple made Titus put the Priests to the Sword when the obstinacy of the Jews had obliged him to destroy the Temple . So clear it was , that that was not a Religion capable of subsisting in a Persecution , as to the Exercises of it as a Communion . But it is withal as clear that our Church was instituted in a Persecution with a Power of depriving disobedient Subjects of the benefits of Communion , and with a Power of exercising Sacredotal Offices in that very State of Independecy on the Civil Magistrate . And indeed that State was principally provided for here at the first Institution of the Church , which was not so much as designed in the Jewish Church , Besides , the clear and express Revelation of Spiritual and Eternal benefits conveyed by our Evangelical Priest-hood is a thing peculier to the Gospel . Yet this alone is sufficient to put it beyond all pretensions , even of a Theocratical Magistracy , designed only for Temporals . Thus therefore it every way appears that more Power is by GOD himself annexed to the Evangelical , than to the Legal Priest-hood . This therefore is sufficient to overthrow our Adversaries Reasoning here , that our Princes now may challenge all that Power that the Jewish Princes could formerly . For they cannot challenge that which , though it was not then , has yet been since annexed to our Evangelical Priest-hood . § LXX . Our Present deprivations not justifiable by even our present Secular Laws . Yet after all , we can even from the Laws of of our Countrys , and the Supremacy settled by those very Laws , except against the Sentence of Deprevation passed against our Fathers , as to their Spirituals . The Supremacy in Causes Ecclesiastical is , by all the Acts made concerning it , vested , not in the PARLIAMENT , but in the KING . And even as it is in the KING , it was never intended for him , so as that it might be in his Power to confound the several Courts and Jurisdictions to which Causes are appropriated by the Laws themselves . The Acts for the Supremacy , even in Temporals , do not allow him to transfar any Cause from the Court appointed for it to his own hearing out of it , nor even to any other Court , than that to which the cognizance of it does properly belong . This holds , as in other Cases , so in this also , of the Deprivations of spiritual Persons . And it is own'd to hold by Mr. Hooker himself in that very Book to which we are referred by our Adversaries . He owns it with express application to the Case of the KING himself , the Seat of the Supremacy in Spirituals . He tells us , that , All Men are not for all things sufficient , and therefore publick affairs being divided , such Persons must be Authorized Judges in each kind , as common Reason may presume to be most fit . Which cannot of KINGS and PRINCES ordinarily be presumed in Causes meerly Ecclesiastical ; so that even common sense doth rather adjudg this Burthen to other Men. He owns that Bishops alone were before accustomed to have the ordering of such [ Ecclesiastical ] affairs . He confesses , that Virtuous Emperours . such as Constantine the Great was , made Conscience to Swerve unnecessarily from the Custom which had been used in the Church , even when it lived under Infidels . I know not why others should not emulate the Example of so great a Prince , if they also would be esteem'd , in the Judgment of so great a Person , Virtuous . I know not why it should not be counted commendable also in them , if they also had made Conscience to Swerve unnecessarily from these acknowledged antient Ecclesiastical Liberties . He owns , that this same Excellent Prince ratified the Order , which had been before , exhorting the Bishops to look to the Church , and promising , that he would do the Office of a Bishops over the Commonwealth ; and when he did take cognizance of Causes of this kind , yet this great Person doubts whether he did so , as purposing to give them Judicially any Sentence . Here we find plain confessions , that the Church was in possession of these Liberties before the Conversion of this first Christian Emperor , and that Emperor himself was so sensible of this Possession that he made a Conscience of invading it . And who could better Judge of his Right as a Christian Prince , than he who was the first example of it ? Mr. Hooker does indeed think that Constantine abstained from what he might lawfully do . But he seems plainly to grant that the Emperor was of another mind , when he says he made a Conscience of doing what Mr. Hooker thinks he might have done . That same Judicious Person adds further , with reference to our particular Laws in England : There is no Cause given unto any to make Supplication , as Hilary did , that Civil Governours , to whom Common wealth matters only belong , may not presume to take upon them the Judgment of Ecclesiastical Causes . If the Cause be Spiritual , Secular Courts do not meddle with it . We need not excuse our selves with Ambrose , but boldly and lawfully we may refuse to answer before any Civil Judge in a matter which is not Civil , so that we do not mistake either the Nature of the Cause , or of the Court , as we easily may do both , without some better direction than can be by the Rules of this new sound Discipline . But of this most CERTAIN we are , that our Laws do neither suffer a Spiritual Court to entertain in those Causes which by the Law are Civil ; nor yet , if the matter be indeed Spiritual , a meer Civil Court to give Judgment of it . Thus Mr. Hookeer . And he proves what he says in the Margin from passages of the Laws themselves , and the Book de Nat. Brevium , and Bracton , plainly asserting the difference of those two Jurisdictions . I am sensible what a Scope I have here of enquiring into the Laws themselves , and proving this Independently on the Testimony of this admirable Man. But perhaps I have already said more than can be Printed in this difficulty of our Circumstances . I therefore say no more at present , but refer our Adversaries to him . The rather because he is indeed against me in making the Church one Body with the believing State , and because one of our Adversaries has expresly insisted on his Authority . Both these reasons , as well as the distance of the Age he lived in , are sufficient to clear him of any , the least , suspicion of partiality on our side . Even in this very Cause he defends the Use of Lay Persons joyn'd in Commission with Spiritual ones for determining Spiritual Affairs . And possibly he may do so by Examples ( if all Examples must pass for Precedents , ) since Henry VIIIths Usurpations . But when King JAMES the II , added Laymen in the same Commission with the Bishops concerned in the Case of the Bishop of London , with a Power of Deprivation or Suspension ab Officio , as well as a Beneficio ; it is very well known that his Lordship excepted against the competency of his Lay Judges , that as a Bishop of the Catholick Church he ought to be tryed by Bishops only . His Lorpship would do well now to remember his own Plea then , in order to the judging of his own Case now , how he can justify his Communicating with those who are set up against his Colleagues deprived no otherwise than by a Lay Power . It is well known that his Council then Learned in our Laws insisted on this Plea as maintainable by our present Laws made since the Constitution of the Ecclesiastical Supremacy . And what good Church of England Man was there then that did not think the Plea very just and reasonable ? Let those Lawyers be pleased to recollect what they had to say on that Case , and try whether it will not also affect our present deprivations . It is very certain that the Liberties of H. Church are the very first things provided for in Magna Charta . and the Coronation Oath , so that if these things be not inviolable , nothing else can be so , being Fundamental to all the Security that can be given by our present Constitution . And it is no way reasonable , that bare Precedents , without express Acts for Alienating such Rights as these are , should be thought sufficient for extinguishing a Claim grounded on so inviolable a Security . If they be so , Henry the VIIIth made such Precedents for violating Magna Charta , and the Coronation Oath too , that no Liberties of the People can now be secure . And it is withal as certain , that in the Disputes which occasioned the passing Magna Charta , this particular of the exemption of the Clergy , was one point principally insisted on . Nay , it was insisted on then to higher purposes than were reasonable , or than I am concerned for now , so far as to exempt them from Secular Courts , even when they were guilty of Secular Crimes , and even so it was most frequently determined in favour of the Clergy . That was Becket's Dispute , which generally prevailed in the following Ages , when he was Canonized , and when Henry the IId had submitted to Pennance for what he had done in opposition to him . This Case of their Exemption as to their Spirituals , which is all for which I am now concerned , was than so generally acknowledged , even by the Laity themselves , that there was very little occasion of disputing it . Rarely was it ever invaded , and more rarely yet ( if ever ) was that Invasion defended by themselves who were guilty of it , till the Unhappy Times of Henry the VIIIth . So uncontroverted was the Right for which I plead , that I do not think our Adversaries can give one single Instance of substituting a Successor into a See vacated by no better , than a Lay deprivation . This privilege therefore against Lay deprivations , was so undoubtedly the sense of Magna Charta , and the Coronation Oath , that on that account , as well as in point of Right , all Patriots ought to be Zealous for it , as well as all good Christians ; all who have a true Concern for those Two Fundamental Securities of Property as well as of Religion ; all who are so wise , as to foresee how far Precedents of violating them in one Instance , may proceed for violating them in others also . § LXXI , The Conclusion . I hope the Worthy Defender of the present Dividers of the Church of England will , by this time , see that this Proposition questioned by him . concerning the Distinction of the Church , even from a Christian and Orthodox State , is as firmly proved as any other particular of the Vindicators whole Hypothesis . I hope he will also find it conformable to those very same Authorities he was pleased to porduce against it , that of Mr. Hooker , and even of our Church of England , as settled by our Ancient Laws . Though the Compass I am obliged to confine my self to , will not allow me to follow either him or the Doctor into other Arguments , or into particular Applications of this I have insisted on ; yet I have endeavoured to urge my Argument so , as to obviate whatever they have said that might otherwise have seemed to weaken it . I now leave and recommend the Success to him whose Cause I have endeavour'd to plead , not as I would , but as I was able . A Good Cause alone is indeed a very great advantage above Artifices of Wit and Subtilty , in pleading for an ill one . That is all that I pretended to . But it is God alone that must give the Word to the Preachers , and dociliey to the hearers . And it is his usual way to glorifie his own Power , in the weakness and contemptibleness of well-meaning Instruments . This Title I have , and this alone , to his Assistance and blessing on the management , that it will appear to be his own Work , if the Good Cause it self do not suffer by my concernment in it . The same good GOD dispose our Adversaries to follow the Truth rather than their Worldly Interests ; to consider impartially what is said , how contradictory soever it may seem to their Fleshly Inclinations , to examine with their more sagatious Judgments , rather what the Cause it self would afford to be said for it , than what has been said by me . He alone can revive in them their old love of the Truth of Peace , of Unity ; their former seriousness in these concerns of the greatest importance to them ; their former , or even the Primitive Zeal for the Interests of the Church and of Religion in this Unbelieving Apostatizing Generation . When he shall be pleased to do so , we may then hope to see Endeavours for healing the Breaches themselves have made ; we may then hope to see them ambitious of doing it on the most Honourable Terms that may be for the Church's Security against future Invasions , and against the Precedent of making Spiritual Interests give way to Worldly Politicks ; we may then hope to see them again as much concerned as we are , nay , as we ought to be , that our Church and our Communion may not depend on the precarious pleasure of a Persecuting Magistrate . How much more pleasing a sight must this be to all generous and Christian Tempers than our present Divisions and Scandals , and Animosities ? When , O When , shall it once be ? FINIS . Notes, typically marginal, from the original text Notes for div A36241-e3310 * Preface to the Reader : The Vindication of the Civil Power , in depriving a Bishop for Political Crimes , I reserve for a particular Treatise Notes for div A36241-e3780 * Pref. to the Reader . I grant at present , that all Lay-deprivations are invalid . Notes for div A36241-e4310 † Pre. to the Reader . Notes for div A36241-e6830 1 Thess. v. ●● . ●●● . XIII . ●● . Notes for div A36241-e8330 Matth. XIX . e● . Mark 10. 31. Notes for div A36241-e9530 Ch. 1. p. 2. 9. P. 5. Notes for div A36241-e11910 See Unity of Priesthood Nec . to Unity of Comm. p. 63. &c. Notes for div A36241-e13060 Psal. XV. 4. Notes for div A36241-e14450 P. ●● Notes for div A36241-e18970 P. See P. 18. P. 10. P. 11. Notes for div A36241-e21860 P. 11 Sulp. Sever. Sacr. Hist. L. 11. Orig in Num. Hom. X. Pearson , vind . Ign , Part 11. c. 9 Notes for div A36241-e25220 ● . 12. Notes for div A36241-e26260 P. 12. Notes for div A36241-e28360 P. ●● . P. ●● . Notes for div A36241-e32330 * Preface to the Reader : Should our Adversaries be able to produce such an Example ( as I think they will never be able ) 't will advantage their Cause but little , especially if it be one of the LATER AGES , since it is not agreeable to the Practice of the Church in GENERAL . Notes for div A36241-e32820 * C. 1. §. 9 P. 9. 10. C. 1. P. 10. Notes for div A36241-e35210 See above , § XXIII . Notes for div A36241-e36130 * 1 Kings II. 1. † V. 35. Notes for div A36241-e36970 * 1 Sam. XIII . 12. † 2 Sam. VII . 6 , 7. * 2 Kings XV. 5. 2 Chron. XXVII . 16. to 21. † Numb . XVI . * Numb . XVII . 8 , 9 , 10. † Numb . XVI . 40. * Numb . XVI . 9 Notes for div A36241-e38360 * 〈…〉 XXIII . 6. Notes for div A36241-e39610 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Philo de Gigantib . p. 292. Ed. Paris . 1640. † Heb. IV. 14. VII . 26. IX . 23. 24. ‡ Heb. VIII . 1 , 2 , * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Joseph . Macab . c , 13. [ See Mat. v ii . 11. S Luke xiii . 28 , 29 ] Again , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cap. 16. [ St. Luke XX. 38. ] The Bosome of Abrahan is there mentioned in the Translation of that Work by Erasmus p. 1090 Edit . Colon. Whether from any Greek he had I know not . But I think it is in the MS. of New-Colledge . See also Josephus ' s Oration , L. III. Bell Jud. c. p. 852. † Wisdom IX . 8. Notes for div A36241-e40780 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Philo de Praem . Sacerd. p. 830. Edit , Paris . 1640. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ibid p. 832. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Philo de Monarcia , p. 819. * Deut. XXXIII . 5. † Numb . XXIII . 21. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Joseph . Antiquit . Lib. iv . Cap. 2 pag. 104. See also Lib. III. Cap. 9. Pag. 87. Edit . Colon. 1691. Notes for div A36241-e45780 * Judg XX. 27. 28. 1 Sam , XIV . 18 , 19. † 1 Sam. XXIII . 9 , ●0 , 11 , 12. 2 Sam. V. 23 , 4. 1 Chr. XIV . 14. 15. * Josh. IX . 15. † Deut. XVII . 8 , 11 , 12 , 13. Notes for div A36241-e46870 * 1 Kings I. 50. † Thucyd. Lib. 1. * St Matt. XXIII . 17 , 19. † 1 Chr. XVI . 12. Ps. CV . 15. ‖‡ 1 Chr. XVI . 21. Ps. CV . 14. * 1 Sam. XXIV . 10. XXVI . 9 , 11 , 23. * 1 Sam. XXII . 1. 7. † v. 18. Notes for div A36241-e48340 * 1 Kings II ●7 . * Joseph Anti. Lib. VIII . c. 1 * 1 Sam. II. 36. Notes for div A36241-e49970 * 2 Sam : XV. 29. 35. XVII . 15 , XIX . 11. XX. 25. 1 Kings IV. 4. 1 Chr. XV. 11. † 2 Sam. VIII . 17. 1 Chr. XVIII . 16 * Chap. II. S. 3. P. 17. * St. Mark. II. 26. Notes for div A36241-e51400 * Exod. xxviii . 1. 1 Chr. xxiii . 13. * Exod. xxix . 4 , &c. Lev. viii . 2. &c. † Exod. xxx . 19. xl . 12. 31. * Exod. xxx . 30. † Lev. ii . 3. vi . 20. vii . 34. xx iv . 9. 1 Chr. vi . 49. * Numb . vi . 23. † Heb. vii . 7 ▪ * Numb . iii. 9. IV. 19. 27. VIII . 13. 19. 22. † Exod. 11. xxviii . 4. 43. * Exod. xx ▪ viii . 1. † 1 Chr. xxiv . 2. Numb . iii. 2 , 3 , 4. Notes for div A36241-e53510 * Numb . xxv . 15. * Numb . XX. 26 , 28. Joseph . Ant. lib. IV. c. 4. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Joseph . Ant. lib. VII . c. 6. p. 222. * Joseph . Ant. lib. VIII . c. 1. p. 254. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . * Exod. xxix . 30 Notes for div A36241-e55090 * 2 Chr. XXIV . ● . ● . † 2 Kin. XXIII . 4. Notes for div A36241-e57090 Joseph . Ant. L. xx . c. 8. p. 7●● . Notes for div A36241-e59410 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ignat. Epist. ad Smyrn . n. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Etist . ad Magnes . n. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. ibid. n. 7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Epist. ad Philadelph . Inscrip . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ibid. n. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Epist. ad Trall . n. 7. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Epist. ad Trall . n. 3. ‖ Ut quis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sit . quid sit faciondum , it a hortatur . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Epist. ad Eph. n. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Epist. ad Philadelph . n. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Epist. ad Trall . n. 7. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Epist. ad Smyrn . n. 8. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ibid. ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ibid. Notes for div A36241-e61780 1 Chr. ix . 4 1 Cor. x. 16 , 17 18. 21. Heb. xiii . 10. Clem. Rom. Ep. ad Corinth . Notes for div A36241-e63410 2 Tim. I. 10. Notes for div A36241-e64710 † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 n. 44. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 43. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. n. 40. ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 n. 40. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 41. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 41. Notes for div A36241-e66610 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 n. 41. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 44. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 43 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 44. ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 n. 44. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 44. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , n. 44. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. n. 42. ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. n. 44. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 42. Notes for div A36241-e68470 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 n. 21. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 46. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ibid. ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ibid. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 57. ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ibid. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 16. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 44. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 n. 46. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 46. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ibid. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n. 54 † Ch. 18. p. 197. Notes for div A36241-e69690 Bellarm de Rom. Pontif. lib. V. ● 7. Letter to a F●●end . p. 20. Notes for div A36241-e101100 * 2 Chr. XV. 3. † Hos. III 4. ‡ Jer. VII ● . * Dan. VII . 1. 12 , 13. IX . 27. XI . 3. XII . 11. Joseph . Bell Jud. L. VII . Notes for div A36241-e102750 Hook. Eccl. Polie . Book VIII . p. 463. ed. Lond. 1682. ibid. P. 465. ibid. P. 466. Defence of the Church of England , P. 7.