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A60381 Animadversions on the eight theses laid down, and the inferences deduced from them in a discourse entitl'd Church-Government part V, lately printed at Oxford Smalridge, George, 1663-1719. 1687 (1687) Wing S4001; ESTC R19272 50,166 74

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Institution in the charge and cure But the Collation challeng'd by our Princes is of another Nature and signifies no more then the Nominating a Person to be Ordain'd to such an Office or presenting a Person already Ordained to such a Benefice And the right of Investitures which is the same with such a Collation is by this Bishop asserted to Emperours This being clear'd which was by him on purpose perplex'd If we take the extent of the Regal power from this Bishop He tells us That Sovereign's as Nursing Fathers of the Chu●●● are to see that Bishops and all Inferiour Ministers perform their faithfull duties in their several places and if they be found faulty to punish them His next Author is Mr. Thorndike Who is as large as any one in the Vindication of the Churches rights and Yet He tells us that No man will refuse Christian Princes the Interest of protecting the Church against all such Acts as may prove praejudicial to the common Faith. He holds as this Writer with great concern observes that the Secular power may restore any law which Christ or his Apostles have ordained not only against a Major part but all the Clergy and Governours of the Church and may for a Paenalty of their opposing it suppress their power and commit it to others tho' they also be establish'd by another Law Apostolical Thus that considerative man who held not the Pope to be Antichrist or the Hierarchy of the Church to be followers of Antichrist Bishop Taylour his next Author doth with the rest assert that the Episcopal Office has some powers annex'd to it independent on the Regal But then he farther lays down these Rules That the Supreme Civil-power is also Supreme Governour over all Persons and in all Causes Hath a Legislative power in Affairs of Religion and the Church Hath Jurisdiction in causes not only Ecclesiastical but also Internal and Spiritual Hath autority to convene and dissolve all Synods Ecclesiastical Is indeed to govern in Causes Ecclesiastical by the means and measure of Christ's Institutions i. e. by the Assistance and Ministry of Ecclesiastical Persons but that there may happen a case in which Princes may and must refuse to confirm the Synodical decrees Sentences and Judgments of Ecclesiastics That Censures Ecclesiastical are to be inflicted by the consent and concurrence of the Supreme Civil power The next Author cited is the Learned Primate Bramhal and We have here reason to wonder that one Who praetends to have been conversant in his Writings dares appear in the Vindication of a Cause which the Learned Author has so longe since so shamefully defeated As for the right of Sovereign Princes This Arch-Bishop will tell him That to affirm that Sovereign Princes cannot make Ecclesiastical Constitutions under a Civil pain or that they cannot especially with the advice and concurrence of their Clergy assembled in a National Synod reform errors and abuses and remedy Incroachments and Usurpations in Faith or Discipline is contrary to the sense and practise of all Antiquity and as for matter of Fact He will instruct him that our kings from time to time call'd Councils made Ecclesiastical Laws punish'd Ecclesiastical Persons saw that they did their duties in their calling c. From this Bishop's acknowledgment that the Bishops are the proper Judges of the Canon this Author that He may according to the Language of a modern Pen as well waken the Taciturn with Quaestions as silence the Loquacious with baffling fallacies takes Occasion briskly to ask whether this Bishop doth not mean here that the Bishops may both compose and execute Canons in the King's Dominions and use Ecclesiastical Censures by their own Autority But see saith He the Bishops depriv'd of the former power in the Reformation To which I answer that the power of which they were depriv'd in the Reformation was only of such an executing the Canons as carried with it pecuniary and corporal Punishments and this power the Bishop has told him they could not Exercise by their own Autority And here it were to be wish'd that our Author in reading this Bishop's Works had made use of his advice To cite Authors fully and faithfully not by halves without adding to or new moulding their Autorities according to Fancy or Interest The next Advocate against Regal Supremacy is King Charles the First But if we may take a draught of that Blessed Martyr's Sentiments from his own Portraiture He did not think his Autority confin'd to Civil Affairs but that the true glory of Princes consists as well in advancing Gods Glory in the maintenance of true Religion and the Churches good as in the Dispensation of Civil power with Justice and Honour to the publick Peace He thought himself as King intrusted by God and the Laws with the good both of Church and State and saw no reason why he should give up or weaken by any change that power and Influence which in right and reason He ought to have over both He thought himself oblig'd to preserve the Episcopal Government in its right Constitution not because his Bishops told him so but because his Iudgment was fully satisfied that it had of all other the best Scripture grounds and also the constant practice of Christian Churches He was no Friend of implicit Obedience but after he has told the Prince that the best Profession of Religion is that of the Church of England adds I would have your own Iudgment and reason now seal to that Sacred Bond which Education hath written that it may be judiciously your own Religion and not other Mens Custom or Tradition which you profess He did not give that glorious Testimony to the Religion established in the Church of England that it was the best in the World not only in the community as Christian but also in the special Notion as Reformed and for this reason required and intreated the Prince as his Father and his King that he would never suffer his Heart to receive the least check against or disaffection from it till he had first tried it and after much search and many disputes thus concluded These are the Sentiments of our Authors in which if I have been over-long the Reader will excuse me that I choose rather to intermix something useful from these great Pens then to entertain him altogether with the Paralogisms and prevarications of this Writer There is nothing that remains considerable under this first Thesis but his Sub-sumption that whatever powers belong'd to the Church in times of persecution and before Emperours had embrac'd Christianity are and must still be allowed to belong to her in Christian States Which I conceive not altogether so Necessary that it must be allowed and I am sure by our Authors it is not As for Convening of Councils the power of greatest concern Bishop Andrews to this Quaestion What say you to the 300 Years
this Authority is by the Laws vindicated from Forreign Usurpation then he would have been in those days when such Usurpation was tolerated and conniv'd at Having dwelt hitherto on the Epistle and discover'd so much Insincerity in that which yet was to bespeak the Reader 's good Opinion of the ensuing Discourse We have no great reason to expect any fairer dealing in the prosecution of his design And here I shall be excus'd if I be the shorter in the Examination of his Theses both because they are such as being propos'd only and not prov'd it lies in our power to accept or reject them at pleasure as also because they have already undergone the Censure of a Noble Pen and have not been able to abide a fair Tryall Some of them are so ambiguously exprest that they may be either true or false according to the different construction they are capable of The fals-hood of others is self-evident But then for the better vending of these some truths are intermix'd according to the policy of Luther's Antagonist observ'd by his Biographer Who to make his bad wares saleable diligently mixeth some small stock of good with evil so to make this more current and all easily swallow'd down together by the imprudent and credulous Another Artifice much practis'd by our Author is that he lays down his Propositions in general terms but afterwards restrains them by such limitations which if adher'd to would make them utterly disserviceable to his Cause but then when they come to be applied the These are refer'd to at large without any regard to such limitations Thus when in his first Thesis he has propos'd That it is not in the just power of the Prince to deny giving the Ministers of Christ license to exercise their Office and their Ecclesiastical Censures in his Dominions He means he saith in general for he meddles not with the Prince his denying some of them to do these things whilst he admits others Now if this Restraint be observ'd then all which he would establish from this Thesis will come to Nothing For he will not I believe presume to say that the Reforming Princes ever laid a general Interdict upon all the Clergy to prohibit them the exercise of their Ecclesiastical Functions This is an Act which the Reformation detests and which we leave to the charitableness of the Universal Pastor who by Virtue of our Saviour's Command of Pasce oves challenges to himself a power of depriving the flock of all Spiritual food Thus again When in his third Thesis he has asserted that the Secular Prince cannot eject from the exercise of their Office in his Dominions any of the Clergy nor consequently the Patriarch from any Autority which he stands possest of by Ecclesiastical Canons He restrains such Canons to those only that cannot justly be pretended to do any wrong to the Civil Government Now he knows that all Canons which would obtrude upon us a forreign usurp'd Autority are by us pretended whether justly or not they will best judge who impartially weigh our Reasons injurious to the Civil Government Another Limitation of this Thesis is that the Civil power may judge and eject and disauthorize Spiritual Persons for Moral and Civil Misdemeanors damageable to the Common-Wealth But this Limitation is forgot when from this Thesis He would prove the ejection of the Bishops in Queen Elizabeth's time unlawful For their Deprivation was for refusing the Oath of Supremacy made first by Roman-Catholicks in King Henry the 8th's time and reviv'd by Queen Elizabeth so that the Justice of it depends merely on the Right of the Civil power to make Oaths for the better security of their Government and to impose such Penalties as are exprest in the Law on the Violators and if such Refusal be damageable to the Common-Wealth as it was then judg'd then the Deprivation of those Refusers will be justifiable according to his own Principles Thus again in his 8th Thesis When he has laid down That as for things of meer Ecclesiastical Constitution Neither National Synod nor Secular power may make any New Canons contrary to the Ecclesiastical Constitutions of former Superior Councils nor reverse those formerly made by them He restrains it to those only as neither the Prince can shew some way prejudicial to his Civil Government nor the National Synod can shew more prejudicial to their particular Church then the same Constitutions are to the rest of Christian Churches Where by the way methinks it should suffice if they were aequally prejudicial for one Church is never the less wrong'd because another suffers Now we desire no more then the benefit of this limitation for if the Prince may reverse such Constitutions when prejudicial to Civil Government and the National Synod when praejudicial to their particular Church and each of these are Judges of such praejudice for neither doth AEquity admit nor doth He appoint any other Arbiter then each of these have as much power granted them as they challenge which is only to alter such Constitutions as are prejudicial to them Having praemis'd thus much in general and caution'd the Reader against this piece of Sophistry which runs through the greatest part of this Discourse I shall now proceed to a particular survey of his Theses As for the first and second I shall at present grant him that favour which he seems to request of all his Readers i. e. suppose them to be true and shall content my self only to examin what Inferences he deduces from them And here I cannot but commend his Policy for setting his Conclusions at so great a distance from his Praemisses for they are commonly such as would have by no means agreed to stand too nigh together From his first and second Thesis that the Clergy have power to determine Controversies in pure matters of Religion and to judge what is divine truth what are Errors that they cannot alienate this Power to the Secular Prince he infers That that Synodical Act of the Clergy in K. Henry the Eighth's time whereby they promise not to Assemble without the King 's Writ nor when Assembled to execute any Canons without the King's consent is unlawful Now it is to be observed that the Clergy neither do deny that they have a Power to determine Controversies in pure matters of Religion which is what the first Thesis would prove nor do they transfer such a Power on the King which might be against the Tenor of the second The utmost which can be deduc'd hence is That the Clergy did for prudential motives limit themselves in the Exercise of one branch of their Spiritual Power and it will be difficult for this Author to prove that He who has a power jure divino may not by humane Laws be limited in the Use of it Husbands have a power over their Wives Fathers over their Children and Masters over their Servants by the Law of God and yet this power may be
to restore to his Catholick Church the ancient methods and liberty of General Councils and to the Most Christian King his Honour and Dignity Now I leave it to the Reader to judge whether any Reformed States ever assumed to themselves greater Autority over the Ecclesiasticks then this R. Catholick Prince or Whether ever any Protestant exprest himself with greater warmth concerning this Council then that Protesting Embassador It might be easie to shew how much power the Venetian Republick exercises in Spirituals had not this been done so lately by another Pen. But what hath been said may suffice to evince that this Epistolographer impos'd upon the credulity of his Sir when he told him that he knew of no Ecclesiastical powers denied to the Prince but which or at least the chiefest of which all other Christian Princes except those of the Reformed State do forego to exercise But our Discourser perhaps presum'd his Friend a Stranger to sorreign affairs and therefore thought he might the more securely use a Latitude in his treating of those it remains therefore to examine whether he has been a more faithful Relator of our own History and what truth there is in his last Epistolary assertion that he knows not of any Ecclesiastical powers in this Discourse denied to the Prince but what the Kings of England have foregone before Henry the 8th Now whatever in relation to a power in Spirituals is in this Discourse accus'd of Nov●lty seems easily reducible to these two Heads 1st A Supremacy in Causes Ecclesiastical denied to the Western Patriarch as appears by our Princes taking away all manner of Forreign Jurisdiction prohibiting all appeals to the See of Rome all Bulls from it and in generall all Intercourse with it 2ly The same Supremacy invested in the Sovereign as appears by King Henry's assuming the title of Head of the Church by the Kings making Ecclesiastical Laws by that Synodical act of the Clergy not to assemble or promulgate any Canons without his leave by that power granted to the King to visit Ecclesiastical persons and to reform Errours and Heresies by his collating to Benefices without consent of the Clergy and by hindring Excommunications in foro externo Now in Answer to this charge of Novelty It is confest that the Pope did for some Years usurp such a superiority but then as it is granted that he did de facto claim such a power so that it did de jure belong to him is denied and not only so but farther we affirm that he neither from the beginning challenged such a power nor was he afterwards in so full possession of it but that our Princes have upon Occasion vindicated their own right against all Papal or if he pleaseth Patriarchal Encroachments And here waving the dispute of right I shall confine my self to matter of Fact that being the only case here controverted Where 1st of the Supremacy of the Western Patriarch That when Austin came over to convert the Saxons no such Supremacy was acknowledg'd by the British Christians is evident from the celebrated Answer of Dinoth Abbot of Bangor to Austin requiring such subjection Notum sit Vobis c. Be it known unto you that we are all subject and obedient to the Church of God and the Pope of Rome but so as we are also to every good pious Christian viz. to love every one in his degree and place in perfect Charity and to help every one by word and deed to attain to be the Sons of God and for other Obedience I know none due to him whom you call the Pope and as little do I know by what right he can challenge to be Father of Fathers As for us we are under the rule of the Bishop of Caerleon upon Uske who is to overlook and govern us under God. This is farther manifest from the British Clergy twice refusing in full Synod after mature deliberation to own any such subjection That appeals to Rome were a thing unheard of till Anselms time appears from the application of the Bishops and Barons to him to disswade him from such an attempt telling him it was a thing unheard of in this Kingdom that any of the Peers and especially one in his station should praesume any such thing That Legates from Rome were for 1100 Years unheard of in this Kingdom we may learn from a memorable passage in the same Historian concerning the Arch-Bishop of Vienna reported to have the Legantine power over England granted him A. C. 1100 The News of which being come to England was very surprizing to all people every one knowing it was a thing unheard of that any one should have Apostolical Jurisdiction over them but the Arch-Bishop of Canterbury And the event of that Legacy was suitable for as he came so he return'd being taken by no one for a Legate nor in any thing discharging the office of a Legate That the Church of Canterbury own'd no Superiour Bishop to her own but Christ appears from her being call'd Omnium nostrum mater communis sub sponsi sui Iesu Christi dispositione and in another place Mater omnium Anglicanarum Ecclesiarum quae suo post Deum proprio laetatur Pastore That appeals to Rome were prohibited in King Henry the 2ds time is manifest from the famous Capitula of Clarendon amongst which this is one Article If any appeals shall happen they ought to proceed from the Arch-deacon to the Bishop and from the Bishop to the Arch-Bishop and if the Arch Bishop shall fail in doing Justice the last Address is to be made to the King. That Doctrines prejudicial to the Popes power were then publickly maintain'd appears from these Propositions amongst others censur'd by Becket 1st That none might appeal to the See Apostolick on any account without the Kings leave 2d That it might not be lawful for an Arch-Bishop or Bishop to depart the Kingdom and come at the Popes Summons without the Kings leave 3d. That no Bishop might Excommunicate any who held of the King in capite nor Interdict his Officers without the Kings leave Which propositions so censur'd are selected out of the Capitula of Clarendon to the Observation of which all the Arch-Bishops Bishops and other Ecclesiasticks even Becket himself amongst the rest tho● afterwards falling of had oblig'd themselves by a solemn Oath acknowledging them to be the customs of the King's Predecessours to wit Henry the 1st his Grandfather and others and that they ought to be kept inviolable by all To what party the Bishops were inclin'd in these differences betwixt the King and Becket we cannot better learn then from Baronius whose severe animadversion on these Praelates wherein● he teaches us what Kings are to expect if they displease his Holiness and how dreadful his Fulminations be when they come out with full Apostolick vigour the Reader may peruse in the Margin A like warm Expostulation upon these proceedings we meet with in Stapleton de