was setled upon that Faith and those Laws that are now as Visible as the Laws of England from which present Titles are derived can be Visible must needs have that Right from which the Right of all present Soveraignties must be derived Because the Church whose Interest concurreth with the Interest of them all in the same matters is always One and the same and ought so to be from the first to the second Coming of Christ And that answers any difficulty that may be objected when any Law of any Roman Emperor or other Christian Prince or State seems to infringe the Canons of the Church For the Protection of the Crown being of such advantage as it is both for the inlarging and maintaining of Christianity It is enough that the Church can continue One and the same Visible Church by one and the same Visible Laws Though the force and effect of them be hindred now and then here and there by some Acts of Secular Power which in some regards may advance the Church as much as they hinder it in others It was necessary for the Crown under Henry the VIII to vindicate the Supremacy from the pretense of the Popes Secular Power which had been on foot divers Ages afore And therefore not to have to do with him that pretended to assoil the Subjects of Princes whom he should excommunicate of their Allegiance till they might owne him upon terms consistent with the Protection they owe their People And it was still more necessary under Edward the VI. when the Reformation was inacted which they knew well enough that the Pope would not endure But when the Right of the Crown in Church-matters is declared by Law to be the same which the Kings of Gods Ancient People and the first Christian Emperors did exercise the ground of that Interest and the bounds of that Interest which the Church must challenge if it will continue a Church are declared to be the same which the Faith and the Laws of the Whole Church from the beginning do allow CHAP. XXIII Of restoring and reforming the Jurisdictions of the Crown and of the Church in Ecclesiastical Causes ANd this makes the Reformation of our Ecclesiastical Laws as easie as it is visibly the cure of all distempers in Religion among us It is in brief this That the Jurisdiction which may by this means appear to the Kingdom to be invested in the Church by Gods Law be by a Law of the Kingdom restored to the Clergy To the Bishops in chief then to the Chapters of their Cathedrals and to their Archdeacons And to these not without the Assistance of the Principal Clergie of their Respective Jurisdictions the Judges of the Ecclesiastical Courts continuing the Kings Judges as they are now by Law to manage the Interest of the Crown in all the Rights thereof resumed into the Crown by the Acts of Supremacy according to the Roman Laws in those Ages of Christendom which passed before the Usurpation of the See of Rome had taken place If it be said That it is not Visible when those Usurpations took place I shall allow all the time which that Code of the Canons contains that Pope Adrian sent to Charles the Great In whose time there can be no pretense of Usurpation upon the Temporalties of Princes by the See of Rome This Code is yet read under the Name of Codex Canonum Ecclesiae Romanae I have commended the Justice and Wisdom of that Commission which was designed under Henry the VIII and Edward the VI for the qualities of Persons limited by it But I do not think it possible for any Commission to Reform the Alterations introduced by the Popes Canon Law after that time in one Kings Raign with that circumspection which is requisite The Jurisdiction which the Church challenges by Gods Law can not be distinctly stated with more satisfaction to all Interests preserving that of Religion then by a Commission so qualified The Interest of the Kingdom in preserving the study of the Roman Laws hath always been thought considerable But how shall the study of them be maintained if the Authority of them be not maintained Or how shall that Authority be maintained but by adopting them into the Law of the Kingdom in matters necessary to be provided for by Law but not provided for by the native Law of the Kingdom Or what provision can there he by the native Law of the Kingdom for those Causes which for so many hundred years before the Reformation the Popes Canon Law had sentenced by the Authority of the Kingdom There is an Interest of Religion in Matrimonial Causes in Testamentary Causes in Causes arising upon Elections of Corporate Clergie in Causes of Dispensation in Canons in Causes of Tithes in divers sorts of Causes besides those which the Power of the Keys in the Discipline of the People and the Correction of Inferior Clergy occasioneth Let me not say that it were Barbarous for a flourishing Kingdom in a flourishing Age for all other Learning to reduce the Tryal of them to the Arbitrary Verdicts of Juries Who can never understand the Grounds upon which the matter of Fact is to be stated when I can so clearly say that there can be nothing more like to meer Tyranny then Arbitrary Justice nor Justice more Arbitrary then where it is manifest that there can have been no other Law provided because the Canon Law hath been hitherto used As for those Causes which are proper to the Church as rising from the Constitution of it how can it stand with Religion and Reformation in Religion which we pretend to try them otherwise then by those which the Kingdom shall be satisfied by such a Commission that they are by Gods Law capable of Authority to do it And the Interest of the Crown and of the Subjects which it is bound to protect shall be secured when provision is made by adopting the Roman Laws for managing the Rights of the Crown resumed by the Act of Supremacy within those Bounds which the Roman Laws maintained before the Usurpation of the See of Rome It cannot be denied that the Popes Canon Law which the Law of the Land hath already adopted so far as it contradicteth not the Law of the Land provideth for many things not provided for by the Primitive Canons within the Compass of the Roman Laws And it would be too much rashness to recal that Adoption and to leave so much matter to arbitrary Justice rather then retain a Provision which the Law and Religion professed by the Kingdom owns not the Original of though it owne the matter it hath adopted For whatsoever shall prove by time and tryal to hinder the Reformation which we pretend thus to ground and thus to bound the faults that shall be found by experience must open the way of mending it because the Cure must be as particular as the disease is And upon these Terms it can be no dishonour to the Kingdom and to the Reformation
come clear of this Anathema the Authority of the See of Rome being intire For K. Henry the VIII or at least for his Kingdom it was and is enough that so long as he owned the Authority of that See he must needs be troubled in conscience at that Marriage by which he must needs incur it preferring the former Act of a Council under Gregory the II. Pope before a Bull of Julius the II. Pope dispensing in an Anathema of the said Council For as the Primitive Canons are to be preferred in Church-Law before the loosness of succeeding Ages being still further from the Apostles So the Act of the Council under the Regular Power of the Pope is to be preferred before a Bull which now passeth without the Consistory as the Popes personal Act after the unlimited absolute Power of the Pope hath taken place As for King Edward the VI. professing the Reformation and protesting it as he did so that the See of Rome could have no pretense of correspendence without owning it themselves there succeeds the necessity of a State of Schism upon the Excommunication following The Crime of Schism remaining on that side that Excommunicates for vindicating and restoring the Faith and the Laws of the Whole Church This being the state of our Case and the Laws of the Whole Church and the Faith thereof necessary to the Title that must justifie Reformation without the Consent of the Whole Is it not manifest to all Understandings that the Law by which this State is to be Governed must be such a Provision as the Laws of the Whole Church inable a part of it to make for it self in the Case And therefore we must affirm as many of us as would have no share in the Schism as to God being thus secured that to the Church we are not chargeable with it That there is nothing to hinder such a Provision but the misunderstanding of them And that we see not what the Consequence of our own Profession requires A reason that presses me so hard that I do willingly expose my self to the displeasure of all that shall find themselves disgusted with this freedom Only to give my self the satisfaction of publishing it whatsoever displeasure it procure me As being satisfied that there is no other cure for our present distempers For in the first place it must be said that it is in vain to talk of Regular Government by the Canons of the Church without restoring the liberty of Synods to the respective Provinces Not as if the Church needed any abatement in the Act of Henry the VIII which forbiddeth making and perhaps advising of Canons to be made without the Assent of the Crown But because the World knows it was the Usurped Legatine Power that had brought Synods to nothing by Usurping upon the Ordinary And therefore it is but Justice in the Crown finding the Right of Synods the Subjects thereof Usurped by the See of Rome to restore it to the Subjects upon whom the Usurpation had been made The Supremacy of the Crown being sufficiently provided for by the said Act And the force of all Acts of Synods depending upon the Legislative Power of the Kingdom In the next place it is to no purpose to talk of Reformation in the Church unto Regular Government without restoring the Liberty of chusing Bishops and the Priviledge of injoying them to the Synods Clergy and People of each Diocese I say not depriving the Crown of the due Interest of a Negative to any Person to be promoted a Bishop in any instance of his Promotion God forbid it should come into my thought But the Supremacy being so provided for so evident is the Right of the Synods Clergy and People in the making of those of whom they consist and by whom they are to be governed that I need mark no other Reason for the neglect of Episcopacy but the neglect of it For the neglect of Cathedral Churches but the neglect alienation of their Office under and with their Bishops This for certain had not the See of Rome introduced so much disorder in the creating of Bishops that we have not yet cured it we should have heard of it with both ears from their Advocates And if I may credit a person of unquestionable credit his late Majesty was so convinced hereof when he was at Oxford that he offered to part with it if a way were shewed how to do it As for the translating of Bishops which done as it is of course must needs render the Office unfruitful to their People As no man can deny that there ought to be a course for dispensing in the Canon for publick good So cannot this pretense of publick good come to effect unless it be maintained by the Office of Synods to whom the State of the Church vindicates the Right of it That which I said afore of Appeals belongs to this place For what Law can provide that in Causes reserved to the Bishop parties shall rest content always with his sentence Or whether can Ecclesiastical Causes resort from him but to the Synod of the Province Again what Christian Kingdom could ever prevent a mixture of Causes That is a concurrence of Interest between the Soveraign Power and the Office of the Church Or what danger can be imaginable to this Crown in doing Right to the Church Having only its own Subjects to deal with Or what can be more ready to receive Appeals of this Nature then a Commission of Judges delegate as well by the Synods as by the Crown for the expedition of such Causes in which the pretense of the Subject as well as the Interest of Religion may be concerned As for matter of Faith Having admitted all that hath been decreed within the time of the six truly General Councils I dare say that there is nothing that the See of Rome can charge upon the Socinians or Anabaptists or any Sect of our Fanaticks that is not condemned in the Arians Pelagians or other Sects which the Whole Church hath condemned during that time So that there can be no cause why Christianity should not be maintained by the Reformation during this State of Schism but neglecting the true consequence of that which we our selves profess CHAP. XXV Two Laws more necessary to the Reformation of the Church THese are the principal points in the Canons of the Whole Church which the Profession of Reforming the Church obliges us to restore There are two points more the one concerning the People the other the Inferior Clergy which till they be restored our Reformation cannot be that which it pretendeth That all who shall be convicted in Law of capital or infamous Crimes stand Excommunicate ipso facto and if Execution pass be deprived of Christian Burial unless they reconcile themselves to the Church Unless the Law make this good how should the Kingdom be counted a Christian Kingdom For if scandalous Crimes that are notorious be allowed Communion with the Church how can it
have confiscated Estates where they might have taken away lives But that would have made the meekness which Christianity pretendeth to appear that Hypocrisie of our Sects Who are always humble always for Toleration till they get the Power into their own hands To shut up the Temples of Idols and to forbid Sacrifices was no more then to suppress that Sacriledge which the light and Law of Nature discovereth If any of the Imperial Laws make it death to sacrifice it is to be understood upon presumption that those Sacrifices were Inquiries into the life of the Prince or of their enemies To constrain them to be Christians by Penalties had been to make them counterfeit Christians Besides the Nations that bordered upon the Empire were all Idolaters And Christianity pretended to convert them as well as the Empire If the Emperors had punished their Subjects being Gentiles for being Idolaters must not the Neighbour Nations have persecuted the Christians their Subjects for being Christians The reason of the difference between the Law and the Gospel in this behalf is that which S. Austin giveth why the Law of Moses voids the Marriages of Jews with Gentiles Whereas S. Paul advises those that â—…ned Christians being married to Idolaters to continue in Wedlock with them desiring it S. Austins reason is this That the Law tendring only temporal promises expresly which Gentiles as well as Jews might did injoy in this world thought it too hard a temptation to trust a Jew in Wedlock with a Gentile by whâ—… he might be in danger to be seduced to prosperous Idolatry Whereas Christianity upon the advantage of the world to come assured by the Preaching of our Lord and his Apostles challengeth all other Religions as unable to resist it when it is performed as well as professed So that to suffer Idolaters in conversing with Christians was but the allowing of opportunity for the converting of Idolaters I think I have cause to make this an argument ad hominem that our Sectaries themselves cannot nor do require the Penalty of Idolatry by Moses Law upon Papists They that remember the time when the late Q. Mother of Royal memory came over do know what infusions the Pulpits then made into the minds of the people of the curse of God hanging upon the Nation for His Majesties Marriage The pretense was wholly upon the Law of Moses Which as I have shewed is not to the purpose among Christians But indeed those prognostications were no other then the Prophesies of the Devils Oracles among the Gentiles Foretelling the mischiefs which they intended or desired to do themselves This being a sufficient reason why the same pretense is not now on foot because it cannot be plausible after so dear experience of the mischief it tends to I think I am to take advantage of it in behalf of Truth and Justice That no Party can pretend the Penalty of Moses Law to lye in our Case Supposing not granting the Papists to be Idolaters according to Moses Law And is not the Case the same between the Reformation and the See of Rome At least it is so if the Reformation be that which it pretendeth For then the advantage must needs be so Visible that to allow conversation between the Professions that are at such distance is but to allow the means of bringing all Popish Recusants to Church when the Reformation is that which it pretendeth I grant that it falls out to be otherwise in our experience For they that are converted to the See of Rome at this time are converted by this miscarriage that they venture themselves into dispute with those which they are not able to deal with But the miscarriage is accidental Because of the Divisions within our selves arising from hence that our Reformation owneth not the Bounds which it requireth For by this means the Clergy of this Church is in contempt with their Flock and private Christians venture themselves into dispute with Recusants that is with their Priests without trusting their Pastors or acquainting them with what they do Which if they did do in due time such occasions would be opportunities of reducing Recusants to Church Besides to pursue the Idolatry of the See of Rome supposing not granting that so it is what would it be but to draw the Sword on both sides to try the quarrel of Religion with And therefore Soveraign Powers cannot give God account that they use the Right he gives them over Papists their Subjects pursuing them to the Penalty of Moses Law as Idolaters There is another reason for the same that appears now and then in the disputes of them that maintain the Religion of the See of Rome to be Idolaters For they have many times found themselves obliged to grant that their Idolatry is another kind of Idolatry then that which is prohibited and punished with death by the Law of Moses And if so it must be another kind of Penalty that belongs to it Now I suppose S. Paul says true that Covetousness is Idolatry and that there be those that make their Belly their God And whosoever understands the difference between the Old and the New Testament will allow that S. Hierom understood it Who in his Commentaries upon the Prophets makes all that they the Prophets say against the Idolatry of the ten Tribes to belong to the Heresies and Schisms of Christians and all Hereticks and Schismaticks to be Idolaters in the mystical sense of the Old Testament under the New Which is no more then our Lord says of the Samaritans That they worshipped they knew not what At such time when it was well enough known that the Samaritans were no Idolaters worshipping the only true God of Israel For certainly though all Superstition be not Idolatry yet all Idolatry is Superstition Because the chief of Superstitions is Idolatry All Superstitions stand upon the same ground as Idolatry and aim at the same mark Man is sensible by that Conscience which the light of Nature creates that one true God is to be worshipped And that as himself shall require not as his Creature is willing to allow And being therefore sensible that Concupiscence allows him not that Service which Conscience requires they are willing to pay him in Coin of their own stamping Usurping the Prerogative of his Soveraignty even in that whereby they pretend to pay their Allegiance Is there any other sourse of Idolatry but this For is it not reasonable to think that men can satisfie themselves and put off the Gods they have made themselves with that which the jealous God the true God will not be served with And therefore Religion teaches that Idolatry is the Worship of the Devil Not only because he teaches it But because he holds the Opinion of a God by corresponding with Idolaters in their Idolatries And what is all Superstition but redeeming the Service of God in Spirit and Truth by the service of our Bodies or Estates which may be done when the inward