accusaverit Of which Canon thus Dr. Field p. 518. Patriarchs were by the Order of the 8th General Council Can. 17. to confirm the Metropolitans subject unto them either by the imposition of hands or giving the Pall. And l. 5. c. 37. p. 551. ' Without the Patriarchs consent none of the Metropolitans subject unto them might be ordained And what they bring saith he proves nothing that we ever doubted of For we know the Bishop of Rome hath the right of confirming the Metropolitans within the Precincts of his own Patriarchship as likewise every other Patriarch had And thus Bishop Bramhal Vindic. c. 9. p. 259. c. What power the Metropolitan had over the Bishops of his own Province the same had a Patriarch over the Metropolitans and Bishops of sundry Provinces within his own Patriarchate And afterwards Wherein then consisteth Patiarchal Authority In ordaining their Metropolitans or confirming them δ. δ Bishop Carleton in his Treatise of Jurisdiction Regal and Episcopal 4. c. p. 42. § 14 External Jurisdiction is either definitive or mulctative Authority definitive in matters of Faith and Religion belongeth to the Church Mulctative power is understood either as it is with coaction i. e. using Secular force or as it is referred to Spiritual Censures As it standeth in Spiritual Censures it is the right of the Church and was practised by the Church when without Christian Magistrate and since But coactive Jurisdiction was always understood to belong to the Civil Magistrate whether Christian or Heathen Ibid. 1. c. p. 9. As for Spiritual Jurisdiction standing in Examination of Controversies of Faith judging of Heresies deposing of Hereticks Excommunications of notorious and stubborn offenders Ordination of Priests and Deacons Institution and Collation of Benefices and Spiritual Cures this we reserve entire to the Church which Princes cannot give to nor take from the Church And by this Power saith he 4. c. p. 39. without Coaction the Church was called Faith was planted Devils were subdued the Nations were taken out of the power of darkness the world reduced to the obedience of Christ by this Power without coactive Jurisdiction the Church was governed for 300 years together But if it be enquired what was done when the Emperors were Christian and when their coactive Power came in The Emperors saith he p. 178. never took upon them by their Authority to define matters of Faith and Religion that they left to the Church But when the Church had defined such Truths against Hereticks and had deposed such Hereticks then the Emperors concurring with the Church by their Imperial Constitutions did by their coactive Power give strength to the Canons of the Church § 15 Mr. Thorndike Rights of the Church 4. c. p. 234. The Power of the Church is so absolute and depending on God alone that if a Sovereign professing Christianity should forbid the profession of that Faith or the Exercise of those Ordinances which God hath required to be served with The judgment of which Faith and Ordinances what they are Protestants also affirm to belong to the Clergy or even the Exercise of that Ecclesiastical Power which shall be necessary to preserve the Unity of the Church it must needs be necessary for those that are trusted with the Power of the Church not only to disobey the Commands of the Sovereign but to use that Power which their Quality in the Society of the Church gives them to provide for the subsistence thereof without the assistance of Secular Powers A thing manifestly supposed by all the Bishops of the ancient Church in all those actions wherein they refused to obey their Emperors seduced by Hereticks refused to obey them in forbearing to teach still and publish the Catholick Doctrine when prohibited by them and to suffer their Churches to be regulated by them to the prejudice of Christianity Which actions whosoever justifies not he will lay the Church open to ruine whensoever the Soveraign Power is seduced by Hereticks And such a difference falling out i. e. between Prince and Clergy in Church matters as that to particular persons it cannot be clear who is in the right It will be requisite saith he for Christians in a doubtful case at their utmost perils to adhere to the Guides of the Church against their lawful Sovereign tho to no other effect than to suffer if the Prince impose it for the Exercise of their Christianity and the maintenance of the Society of the Church in Unity See the same Author Epilog 1. l. 19. c. The contents whereof touching this subject he hath briefly expressed thus That that Power which was in the Churches under the Apostles can never be in any Christian Sovereign That the interest of Secular Power in determining matters of Faith presupposeth the Society of the Church and the Act of it And there he giveth reasons why the Church is to decide matters of Faith rather than the State supposing neither to be infallible Ibid. c. 20. p. 158. he saith That he who disturbs the Communion of the Church remains punishable by the Secular power to inflict temporal penalties not absolutely because it is Christian but upon supposition that this temporal power maintaineth the true Church And afterward That the Secular Power is not able of it self to do any of those Acts which the Church i.e. those who are qualified by and for the Church are qualified by vertue of their Commission from Christ to do without committing the sin of Sacrilege in seizing into its own hands the Powers which by God's Act are constituted and therefore consecrated and dedicated to his own service not supposing the free Act of the Church without fraud and violence concurring to the doing of it Now among the Acts and Powers belonging to the Church which he calls a Corporation by divine right and appointment he names these 1. l. 16. c. p. 116. The Power of making Laws within themselves and then I suppose of publishing them made among all the Subjects of the Church in whatever Princes Dominions else why make them of electing Church Governors of which see 3. l. 32. c. p. 398. and of Excommunicating and 3. l. 32. c. p. 385. The Power to determine all matters the determination whereof is requisite to maintain the Communion of Christians in the service of God and the Power to oblige Christians to stand to that determination under pain of forfeiting that Communion The Power of holding Assemblies which must be by meeting together in some place or other and by some Church Authority calling them Of which he speaks thus 1. l. 8. c. p. 53. I must not omit to alledge the Authority of Councils and to maintain the Right and Power of holding them and the obligation which the Decrees of them regularly made is able to create to stand by the same Authority of the Apostles And afterward I that pretend the Church to be a Corporation founded by God upon a Priviledge of holding visible Assemblies for the common Service
to help themselves I cannot determine By what is said it may appear how improper the foresaid Instances are to prove in Christian Princes a Power to reform the supposed Errors of the Clergy in their Doctrines of Faith or Manners the second thing they have urged § 50 3. Again They urge That it is not fit nor safe that the Clergy should be able by their Constitutions and Synodical Acts to conclude both Prince and People in Spiritual matters until the Stamp of Royal Authority be imprinted on them Dr. Heylin Reformation Justified p. 86. Dr. Fern Exam of Champ. p. 295. Where were the Princes knowledge and assent required only on this account relating to the State that so nothing be passed in these Synods prejudecial to his Civil Rights it is willingly allowed but if required on another account relating to Religion that so he may prohibit and suppress so much of them as is not evidenced to him to be juxta legem Christi or as he apprehends is also against it of which thing he is not the Judge yet which hath been the Pretence of reforming Princes medling with the most speculative points in Divinity it seems not reasonable And thus an Heretical Prince will strangle as he pleaseth within his Dominions the Catholick Verities § 51 4. They urge the case of the Act of a National Clergy passing away their Spiritual Authority to a Sccular Prince 4. and investing him or whom he shall nominate and elect with that Power which formerly they enjoyed in their own capacity After which they say the Princes Act or their's he nominates have virtually the power of the Clergy or their Synod and do oblige as much as if they in terminis had agreed upon it To give you it in Dr. Heylin's words Reform Justified p. 89. The Kings of England saith he had a further Right as to this particular which is a Power conferred upon them by the Clergy whether by way of Recognition or Concession I regard not here by which the Clergy did invest the King with a supreme Authority not only of confirming their Synodical Acts not to be put in Execution without his consent but in effect to devolve on him all that Power which formerly they enjoyed in their own capacity amongst which Powers p. 85. he nameth this to reform such Errors and Corruptions as are expresly contrary to the word of God And to this we have a parallel Case in the Roman Empire in which the Supreme Majesty of the State was vested in the Senate and People of Rome till by the Law which they call Lex Regis they transferred all their Power on Caesar and the following Emperors which Law being past the Edicts of the Emperors were as binding as the Senatus-Consulta had been before The like may be affirmed of the Church of England The Clergy had self Authority in all matters which concerned Religion and by their Canons and Determinations did bind all the Subjects till by acknowledging King Henry the Eighth for their supreme Head and by the Act of Submission not long after follwing they transferred that Power upon the King and his Successors After which time whatsoever the King or his Successors did in the Reformation as it had virtually the Power of the Convocation so was it as good in Law as if the Clergy in their Convocation particularly and in terminis had agreed upon it Thus Dr. Heylin And upon this ground and title it was that the XLII Articles since reduced to XXXIX were first introduced into the Church of England being composed by certain Persons appointed by the Prince and then without any review or Confirmation of the Synod published as the Act thereof as appears by Philpot's Plea and arguing in the Synod 10. Mariae when the Clergy questioned these Articles and subscribed that they were wrongfully entitled to the Synod which had never passed them See for this matter Fox Act p. 1282. And Ib. p. 1704 Arch-bishop Cranmer's Tryal And Fuller's Hist Ecclesiast 7. l. p. 420. And Dr. Fern Exam. Champny p. 74. § 52 To all which may be answered That the Canons of the Church permit no such Translation of the Clergy's Authority to the Secular Power neither yet is the supreme Power of composing or changing Articles of Faith and Religion or making other Ecclesiastical Laws as to any Nation vested in the National Synod thereof as appears at length from the Sub-ordinations of Clergy both Persons and Synods in the Catholick Church which in several States is only one for preserving of the Churches Faith and Government for every in unity of which see more Head 6. Thes 1. c. 2 Discourse concerning the Guide in Controversies § 24. c. Consid on Council of Trent § 9. c. And so such National Synods cannot give away what they have not Nor were it so have they any Power of Alienating this Authority for which they are personally set a part from the rest of the world by our Lord with a successive solemn Ordination and of which well or ill managed they themselves must give account to our Lord No such Power of Alienation being contained in the original Grant thereof But if without such express Licence they can give away some Part to the Laity where also no necessity is pretended then why not any part of their office and so depute Laicks to ordain Ministers also and consecrate the holy Encharist To which may be added That no part of the Clergy Duty depends more on their personal Abilities and long preparation by study then this we speak of The composing of Articles and Canons the reforming of Errors c. Least of all therefore seems this committable to the Prince either that he himself should perform it whose Regal imployments require a far different Education or that he should delegate it to others by which the Clergy authorizeth they know not whom perhaps some persons heretical if such happen to be Favourites of the Prince to establish in Religion the Clergy knows not what for this Concession is made by the English Clergy without any Reservation of a Revisal § 53 5. They urge to give you it in Bishop Bramhal's words Vindic. of the Church of England 5. p. 257. ' That since the Division ' of Britain from the Empire i. e. since Brittain's being governed by Princes of its own who therefore in their Territories have the same Authority that the Roman Emperors formerly had in the Empire See Dr. Hammond Schism p. 124. No Canons are or ever were of force with us further then they were received and by their incorporation became Brittannick Laws Which as they cannot or ever could be imposed upon the King and Kingdome by a forreign Patriarch by constraint so when they are found by experience prejudicial to the publick Good they may as freely by the same King and Kingdome be rejected And so Dr. Hammond Of Schism p. 125. The Canons of Councils have mostly been set out and received
or express Tradition Apostolical but only educible de novo by most necessary and certain consequence from those which are so delivered which are necessary to be determined and delivered by the Church of later Ages when contrary Errors happen to appear 4. Accordingly they affirm That upon the appearance of several such dangerous Errors the Church did lawfully in the four first General Councils make and deliver some new Definitions in matters of Faith new taken in the sense expressed above Num. 2. did lawfully enlarge the former Creed and require assent or belief in the sense explained above Num. 3. unto these new Definitions under pain of Anathema 5. They maintain that all such dangerous Errors have not appeared within the times of the four first General Councils nor those Councils defined all divine Truths contrary to such Errors and therefore that the Church in later Ages may use against these her Authority to do the same things in her following Councils as in the four first 6. And consequently that it is not reasonable to require of the Church that her Definitions be shewed I say not in their necessary Principles on which she grounds them but in their formal Terms either in the Scriptures or her four first Councils or in the now extant Writings of the first Ages 7. Nor necessary that every explicite Tradition Apostolical and Principle that hath descended to the Church of later Ages most certainly thro all the former must therefore be shewed to be asserted or mentioned in the Writers of the former especially where these very few HEAD VI. Concerning Subordination of Ecclesiastical Authorities Concerning Subordination of Ecclesiastical Authorities 1. CAtholicks maintain a due Subordination both of Ecclesiastical Persons among themselves viz. Of Presbyters to Bishops Bishops to Metropolitans Metropolitans to Primates Primates to Patriarchs And of Ecclesiastical Synods viz. Diocesan to Provincial Provincial to Patriarchal Patriarchal to General 2. They willingly grant That any particular Church or Provincial or National Synod may lawfully make Definitions in matters of Faith Reformations of Errors and Manners and other Ecclesiastical Constitutions for it self without the concurrence or conjuncture at the same time of any other Church or Synod therewith But 3ly They deny that any particular Church or Provincial or National Synod may make such Determinations or Constitutions contrary to those of any present or former Authority or Synod or maintain them made contrary to such Synod present or future reversing them to which Authority either Divine or Ecclesiastical Constitution hath made them Subordinate For without destroying Government no Ecclesiastical Law can be dissolved but by the same or an equal Power to that which made it nor can a part suppose a Church Arian or Donatist as it thinketh meet from time to time free it self from the Acts of the whole especially in such things wherein it can shew in it self no particular difference or disparity from the rest of the whole And therefore 4ly They affirm that when Ecclesiastical Persons or Synods happen to oppose one another Christian Obedience is still due only to the Superiour HEAD VII Concerning Ecclesiastical Supremacy Concerning Ecclesiastical Supremacy 1. THE Catholick Church here on Earth is but one united State and Body which all seem to confess in that when any separation is made every side endeavours to remove the cause thereof from themselves And it cannot reasonably be denyed that All the Christian Churches in the world are capable of a Monarchical Government under one Bishop as well as several Nations under one Emperor or Secular Prince and that such Government much conduceth to the Church's Peace and to the preventing and suppression of Heresies and Schisms 2. Catholicks perswaded therein both by the Scriptures and Tradition do acknowledge 1. That St. Peter was made by Christ President and Head of the College of the Apostles Matt. 16.19 Jo. 21.15 being compared with Gal. 2.7 And 2dly That the Bishop of Rome is his Successor in such Supremacy as likewise Successor to St. Paul the Great Apostle of the Gentiles in that See wherein the two great Apostles last resided anciently called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sedes Apostolica And 3dly That this Bishop hath by Divine Right or if it were only by Ecclesiastical Constitution and by ancient Tradition and Custome it were sufficient committed to him a Supreme Authority over the Universal Church of Christ here on Earth in the calling of Councils and in the approving and confirming their Definitions before they can be universally obligatory and in taking care in the Intervals of such Councils of the due execution and observance of their Decrees and in receiving Appeals from all parts of the Church in some matters of greater concernment And 4ly That as no temporal Power may lawfully change or annul any Ecclesiastical Constitutions or Decrees made concerning the Government of the Church or other matters meerly Spiritual so neither may such temporal Power in particular abrogate this Ecclesiastical Authority tho it were only conferred on the Bishop of Rome by the Church so far as using a Jurisdiction meerly Spiritual in Matters that are so 3dly They willingly confess That the Supreme Ecclesiastical Authority cannot dispense with any Divine Law now without such Dispensation obliging but only with Ecclesiastical Laws Nor hath any Power over Princes or their Subjects in Temporal matters but only in Spiritual over all those whether Princes or Subjects who are Members of the Church 4ly That there is no Decree of the Church or Council obliging any to maintain this Supreme Magistrate of the Church to be infallible in his Decrees nor on the other side just cause for any therefore to withdraw their obedience to his Decrees because they hold him not infallible HEAD VIII Lastly Concerning the necessary Amplitude of a lawful General Council Concerning the necessary Amplitude of a lawful General Council IN which the Supreme Judgment of this united Body is placed 1. It is not necessary to the composition of a lawful General Council that all the Clergy of the Christian world be assembled therein or all the Bishops of this Clergy or amongst the Bishops some sent thither the Delegates by the rest from all particular Churches professing Christianity For 1 upon these terms the four first Councils cannot be allowed General 2 Again Thus it would be in the power of any particular Church in detaining its Bishops to hinder the Being and the Benefit of a General Council 3 Again Heretical or Schismatical Churches being no part of the Church Catholick the absence of their Bishops hinders not but that the representative of the Church Catholick in such Council may be still compleat 2. The Presence of the Delegated Bishops of all particular Catholick Churches or Provinces is not necessary in such Council to denominate it lawfully General it being provided that all are called to it and none that come excluded because this Absence of some may either be necessitated from
Poverty distance of Place Le ts of temporal Magistrate or voluntary also out of some unlawful respect Which Absence of some few in comparison of the whole if it can hinder the necessary Generality of the Council it is probable that there will never want within the Confines also of the Church Catholick now spread thro the Dominions of several Princes of contrary interests some either Bishops or Secular Governours that are averse from the meeting of such Council in respect of some Circumstances belonging to it at least those of time place c. 3. For these reasons therefore 3 such Council seems to be unquestionably General not to say here that none less their such can justly be so where are present in person or by his Legates the Bishop of the Prime Apostolick See without whom no such Council can be held and by their Lieutenants at least all or most of the other Patriarchs such as are in Being and have some considerable part of the Church Catholick subjected unto them It is said most of them for the presence and concurrence of all of them was not thought necessary neither in the third nor fourth of the allowed General Councils And the Representatives of a considerably major part of the Catholick Provinces and more especially the Representatives of the largest and most dignified of these Provinces 4. In the Absence of some Patriarchs or chief Churches in such Council or in the presence there only of a smaller number of Delegates from the greater and more numerous Provinces and of a greater number from other less as five or six Bishops only delegated from the Western Churches were present in the Council of Nice or in any other deficiency of the representment of the greatest part of the Church Catholick in this Assembly yet when the Decrees and Acts of such smaller part being sent and made known to the Absent are both confirmed by the Bishop of Rome the Primate of the Patriarchs and of the universal Church and accepted also by the much major part of the Catholick Provinces tho these be not accepted by some others of them such Council ought either to be received as General or as equivalent thereto and the Acts thereof are obligatory to the whole Church Catholick For seeing that if all the Provinces had convened in one Place and Body the disagreeing votes of some Provinces in such Councils being fewer and lesser could not have justly hindred but that the contrary votes of the other much major part would have stood in force and obliged all to obedience then neither can their dissent out of the Council be rationally pretended to hinder the same And what engagement the several Provinces of the present Age have to such Council the same also all future seem to have for the same reason till an equal Authority to that which established such Ecclesiastical laws reverse them which in matters of necessary Faith will never happen So the Arian Churches of the fifth Age are as much obliged to the Definitions of the Nicene Council as those of the fourth And in any Age what means can there be of Preservation of Unity for matter of Faith in the Church Catholick if a few in comparison will neither be regulated by any one Person or Head Nor yet concluded by the much major part Here by acceptation of the much major part of Catholick Provinces is understood none other necessary then only a peaceful acquiescence in and conformity to the Decrees of such Councils and a not declaring against them tho such Acceptation proceed not so farr as to the passing of an Act to this effect in Provincial or National Synods For this last hath not been done to those Acts of Councils universally held General 5. To go yet a little further Considering the present Condition both of the Eastern Churches and of such Patriarchs as are yet left besides the Roman such now rather in name than in power the paucity poverty and illiterature necessitated by their great oppressions of their Clergy their incapacity to assemble themselves even in lesser Synods for consultation to say nothing here whether any of these Churches have declined from the former Definitions of the Church Catholick and so are become Heretical and so uncapable of sitting in Ecclesiastical Synods in these times a General Council such as ought to oblige may be well apprehended to receive narrower bounds than formerly And such a Council where those who are Catholick in Eastern Churches are wished for invited and if any come not excluded and to which all the Western Provinces yet flourishing in Religion and not obstructed from meeting are called and in which the Representatives of the greatest part of them joined with the Prime Patriarch are assembled such Council I say ought either to receive the denomination of General especially as to these Doctrines wherein the Eastern Churches consent or of the most General that the present times will afford or at least of a Patriarchal and lawful Superiour Council and so in the same measure accepted obligeth all the Provinces of the West to yield obedience thereto and therefore in such an Age for any Person or Church that is a Member of this Western Body to call for a larger Council than can be had is only an Artifice to decline Judgment and for any to Appeal to a future Council which can be no larger than that past to whose sentence they deny Submission what is this but to renounce the Authority they appeal to To which may be added that any Appeal to a future Council concerning such Controversies wherein one knoweth the unanimous Doctrine of the much major part of the present Christian Churches as well Eastern as Western to be against him seems bootless and affording no relief Because such Council can consist only of the Governours and so of the judgments of such particular Churches put to together and therefore such as the present Doctrine is of the major part of these Christian Churches and of the several Bishops presiding in them especially now after the cause reasons pretended demonstrations of the dissenting Party for so many years divulged pleaded considered such we may presume will be that of the Council For what can effect a Mutation of opinion in these Persons joined which altereth nothing now in them severed HEAD IX Concerning the Vnity of the Church and of its Government and Succession in respect of Seculars § 1 1. CAtholicks affirm That the Church and Civil Societies are two distinct Bodies Concerning the Unity of the Church and of its Government and Succession in respect of Seculars subject to their distinct Superiors and that the Church Catholick is but one in many States Again That the Civil State entring into the Body of the Church cannot thereby justly take from it any of its former Rights which are instated upon it by our Lord and which it did or might justly exercise in such Civil State before this State submitted it self to the
their Authority by the Emperors I answer All this is true 1. That the Church Canons are not of force as to any Coactive Power to he used in the Execution of them by Clergy or Laity before made the Emperor's or other Princes Laws For which take the same Bishop Bramhal's Exposition when I believe he had better considered it Schism Guarded p. 92. We see the Primitive Fathers did assemble Synods and make Canons before there were any Christian Emperors but that was by Authority meerly Spiritual They had no Coactive Power to compel any man against his will And p. 119. We acknowledge that Bishops were always esteemed the proper Judges of the Canons both for composing of them and for executing of them but with this caution That to make them Laws the Confirmation of the Prince was required and to give the Bishop a Coactive Power to execute them The Prince's Grant or Concession was needful 2. That the Church Canons are not of force at all when these Canons relate to any civil Right without the secular Magistrate's precedent admission of them of whose proper Cognizance such Rights are But meanwhile all Ecclesiastical Canons whether concerning the Faith or Government and Discipline of the Church so far as they do not encroach on any such civil Rights as I presume all those made by the Church when under Heathen Governors will be granted to be are in force in whatever Princes Dominions so as to render all the disobedient liable to the Church's Censures tho the Christian Prince never so much oppose and reject them And this granted more is not desired for thus no Members of the Church at any time can be free from the strict observance of such Canons by any secular Authority or Patronage § 54 6. They urge That in any Princes Dominions the Clergy's liberty to exercise actually their Function 6. and the application of the matter on which it worketh viz. of the Subjects of such a Dominion are held from the Crown so that a Christian Prince by denying this lawfully voids the other as he thinks fit We draw saith Bishop Bramhal Vindic. p. 268. or derive from the Crown Liberty or Power to exercise actually and lawfully upon the Subjects of the Crown that habitual Jurisdiction which we receive at our Ordination And in his Reply to Chalced. p. 291. he makes Ecclesiastical Persons in their excommunicating and absolving the King's Substitutes i. e. as he expounds himself afterward by the King's Application of the matter namely of his Subjects to receive their Absolution from such Ecclesiastical Persons I answer This again if meant of the liberty of the Clergy's exercising their Functions with a Coactive Power or of some persons among that Clergy which the Church owns as Catholick being admitted to exercise their Function absolutely in such Dominions and not others is very true but little to their Purpose that urge it But if understood absolutely as to the liberty of any such Clergy at all to exercise their Function at all in any Christian Prince's Dominions upon his Subjects without his leave in which sense only it besteads them is most false Neither may a Christian Prince be thought to have any priviledge herein which a Heathen hath not And as such Priviledge is most pernicious to the propagation of the Christian Religion where the Prince is Heathen So to the Conservation of the Catholick Religion where the Christian Prince happens to be Heretical or Schismatical § 55 7. They urge For the abrogating Church Canons That Ecclesiastical are only humane Institutions 7. that Authority given by the men and abused may be again suppressed by them So Rivet Grot. Discuss Dialys p. 173. in Answer to Grotius Discussio Rivet Apol. p. 69. who alledged a Jus Ecclesiasticum for the Pope's Primacy to be conceded by Protestants And ' Tho Inferiors are not competent Judges of their Superiors yet as to subordinate Superiors in matters already defined by the Church the Sentence of the Judge is not necessary the Sentence of the Law and Notoriety of the Fact are sufficient So Bishop Bramhal Vindic. of the Church of England p. 253. from whence seems to be inferred the lawfulness for a Prince within his Dominions or for a Church National totally to abrogate the forementioned Canonical Sub-ordination of such Kingdome or Church to the Patriarchal Authority when this abused § 56 To which 1st it is willingly granted That both Ecclesiastical Offices and Canons may be abrogated for abuses happening by them only that this may not be done by Inferiors or by every Authority but by the same Authority that made or set them up 2. Next for Abuses and the Notoriety of them that no Practices may be stiled so where neither Church-Definitions are found against them much less where these found for them nor where a major part of those subject to them acknowledge them as Abuses but continue their obedience therein as their Duty 3ly For such things as are notorious Abuses or most generally agreed on for such and so Obedience withdrawn herein yet none may therefore substract his obedience absolutely from such an Authority for such other matters where their Obedience is due and due it is still that was formerly so till such Power reverse that Authority and its Injunctions as set it up But whilst Obedience in the one is denyed in the other it ought still to be yielded Therefore should the Patriarch make a breach upon the Civil Rights of Princes or their Subjects these may not justly hence invade his Ecclesiastical And if the Priest Patriarch or Bishop would in some things act the Prince therefore may not the Prince justly take upon him to act the Priest or to alter any thing of that Spiritual Hierarchy established by Christ or by the Church much to the good but nothing at all to the damage of temporal States If any thing happen to be unjustly demanded it excuseth not from paying just debts The Office must not be violated for the fault of the Person And herein may the Example of other Nations be a good Pattern to ours who having made resistance to their Patriarch in some Injunctions conceived by them not Canonical yet continue still their Obedience in the rest as appears in the late Contest of the State of Venice and those Opposals both of France and Spain and England before the times of Henry the Eighth of which Bishop Bramhal In Vindic. 3d. Book 7th Chap. hath been a sufficiently diligent Collector but at last found them all to come short of Henry the Eighth's Proceedings See before § 49. Neither indeed need any Prince to fear any Ecclesiastical Tyranny so far as to pluck up the Office by the roots who holding the Temporal Sword still in his own hands can therewith divide and moderate it as he pleaseth § 57 8. The endeavour to void the Pope's Patriarchal Authority and the Canonical Priviledges belonging to it 8. by his claiming an Universal Headship by
cum nullam in talibus Potestatem quenquam potestatum vel Caeterorum Laicorum habore conveniat Unless here perhaps the Concession of the particular Clergy of such a Prince be urged but none such can be valid against the Canons of their Superiors Dr. Hammond being asked this Question How Princes come by such a Right of Translating Patriarchs by S. W. Answers thus Answer to Schism Disarm'd p. 174. I that meant not to dispute of such Mysteries of State c. finding the same things assumed by Kings as their Right and yielded by the Church to be enjoyed by them both which Catholicks deny nor do his Instances prove it thought I might hence conclude this to be unquestionably their due but whether it were by God immediately conferred on them and independently from the Church or whether the Church in any Nation were the Medium that God used now under the Gospel to confer it on them truly I neither then was nor now am inclin'd either to enquire or to take upon me to determine Not knowing you see which way safely to take For if this Priviledge were conceded by the Church may not the Church according to their Principles resume it when abused But if this originally a Civil Right the Church hath usurped their Power in her making Constitutions concerning it § 63 3. Such Priviledge granted to Princes would utterly overthrow the Unity of Church-Government there seeming for preserving this as great a necessity of subjecting the Prelates of several Regions and Countries to one Patriarch as of several Bishops in the same Country to one Metropolitan or Primate or more In that Church-Divisions are apter to arise between States totally independent on one another than in the same State united at least in one Secular Head And that which is urged for a reason to induce the independency of National Primates viz. the Division of the Empire into so many absolute Principalities infers rather the contrary that the universal Government of the Church which is but one in all these Kingdomes should be now if possible closer linked together then formerly and the more likely that Sects and Distractions are to grow in the Church by reason of so many States some of which may be perverted by Heresy or Schisme the more need of an union in some one Ecclesiastical Head As the Roman Common-wealth in more dangerous Invasions of Enemies chose a Dictator and Armies are thought freest from Mutinies and Seditions when committed to one General § 64 Not can it be faid that it is a sufficient guard of this Unity that in a General Council all these Primates and other Members of the Church Catholick are collected and joined For 1st if it lye within a Prince's Power to free his National Clergy from a Patriarch and his Synods why not also from a General Council i. e. so far as that the Acts thereof shall not conclude such National Clergy without their consent And if the Church-Canons ordering the contrary bind them not for the one Submission to Patriarchs when the Prince orders otherwise why for the other Submission to General Councils But next were a General Council a standing Court or often or easily convened there might indeed be some remedy from thence but these hapning so seldome and that on the terms Protestants require them perhaps can be never the standing Superiority and Jurisdiction not moveable at pleasure of Patriarchs over Primates and so of Primates over inferior Bishops seems a means of Unity most necessary in the long intervals of the other highest Courts Else supposing That a Valentinian or a Constantius having the Power to translate and erect Primates and Patriarchs shall transfer Ambrose his Primacy or Siricius or Athonasins his Patriarchship to the Bishop of some other City so as Henry the Eighth is supposed to have translated Clement the Seventh's Patriarch-ship to the Bishop of Canterbury and what Heresy may not such Emperor advance as he pleaseth if he can find at least some Clergy on his side And what wrong did those Popes and Councils to the Emperor Constantius in their maintaining Athanasius still in his former Authority and Jurisdiction against him § 65 The Doctor 's Instances will not much trouble us Concerning α α the first and chiefest the Bishop of Justiniana Prima The Emperor Justinian's Novel 131. runs thus Sancimus per tempus beatissimum Primae Justinanae Archiepiscopum habere semper sub sua jurisdictione Episcopos Provinciarum Daciae c. Et in subjectis sibi Provinciis locum obtinere sedis Apostolicae Romae secundum ea quae definita sunt a sanctissimo Papa Vigilio Where it is said That this Bishop should locum obtinere Sedis Apostolicae Romae not that he should have the Place or Dignity of an Apostolical Seat As Dr. Hammond p. 103. would have it but the Place of the Apostolical See of Rome viz. as his standing Delegate for those parts subordinate to him the Phrase being frequently used in this but I think never in the other Sense which is acknowledged by Dr. Field who saith Of the Church p. 563. He was appointed the Bishop of Rome's Vice-gerent in those Parts to do things in his name and by his Authority Naming there many other Bishops in other places executing the like Vicar-ship for the Pope The Bishop of Sevil Arles Thessalonica and others and this also the words following in the Novel Secundum ea quae definita sunt a Sanctissimo Papa Vigilio do sufficiently declare To which may be added the Request of this Deputation of the Bishop of Justiniana made by the Emperor Justinian to Agapetus Vigilius his Predecessor who delaying his Grant of it returned him this Answer Epist. 4. De Justiniana Civitate gloriosi Natalis vestri conscia necnon de nostrae Sedis vicibus injungendis quid servato beati Petri quem diligitis Principatu vestrae Pietatis affectu plenius deliberari contigerit per cos quos ad vos dirigimus Legatos Deo Propitio celeriter intimamus If you would have yet more Evidence see the Pope's continued Confirmation of this Primate or Arch-Bishop tho consecrated by his own Bishops as usual by sending him the Pall and his deputing the judgment of Causes to him in his stead Greg. Ep. 4. l. Indic 13. Ep. 15. And 10. l. 5. Indic Ep. 34. And 2. l. Ep. 6. The same things may be said of the Primate of Carthage pretended only to be admitted to the like Priviledges with the Bishop of Justiniana Prima Concerning β the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Ravenna β As the Pallium is taken for an Archiepiscopal Ornament derived from the Emperors own habit to add the more Honour to such Prelates § 66 for which see Dr. Hammond in Schism disarmed p. 149. So it might be solely in the Emperors Donation but as it is a Ceremony used at the Instalment of a Bishop in the Archiepiscopal Jurisdictions so it belongs only to the Spiritual Superiors who