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A45188 An argument for the bishops right in judging capital causes in parliament for their right unalterable to that place in the government that they now enjoy : with several observations upon the change of our English government since the Conquest : to which is added a postscript, being a letter to a friend, for vindicating the clergy and rectifying some mistakes that are mischievous and dangerous to our government and religion / by Tho. Hunt ... Hunt, Thomas, 1627?-1688. 1682 (1682) Wing H3749; ESTC R31657 178,256 388

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compensation may be given to the Crown and some way will be found out for Augmentation of Vicaridges and reindowment of Churches that lost all in that unparrallel'd Sacriledge committed by the unsatiable Avarice of that haughty and luxurious Prince These designs employ the care of a great Number of our principal gentlemen to purge the sin and dishonor brought upon the Nation by that extraordinary King But if there were reason for any fear that the Nation could again incur the guilt of sacriledge What Warranty can this give to any of her Clergy to slack or abate the Zeal that is due for the purity of her Doctrine prudence of her discipline and her commendable decent and intelligible devotion Are they worthy to be named of her that are ready to dissert her out of fear of a remote possibility that she may not always have such largesses as she now bestows upon her Sons Will they prefer the gift to the Altar and declare all their godliness to be gain To suffer Popery for such a consideration to be induc'd upon her is a far worse and more detestable sacriledge than that they pretend to fear This is to make the Anathemata of the Temple to inserve to the dishonor of the Numen To desecrate the Altar for the sake of the gift and will by the just judgment of God I fear bring the abomination of desolation again into our holy places Let none of her Sons for the obtaining a dignity or a capacity for a double benefice betray her by neglecting her interest thinking with themselves that she will otherwise be supported for this their doings is no less than the sin of Judas who took money to betray our Lord imagining that he would by a Miracle rescue himself from the hands of those to whom he sold and betray'd him The honest of our Clergy will have little satisfaction when that day comes when they shall be reduc'd to Prayers and Tears if they are failing in any thing that they may lawfully do to prevent that miserable State Their Tears will be as water spilt upon the ground and their Prayers wiil never find acceptance with God nor be returned into their own bosom Disce Miser pigris non flecti numina votis Proesentemque adhibe dum facis ipse Deum But above all those fine men are not to pass unreproved who are preparing Pretences for their Revolt to the Roman Church They tell us that the Reformation is depraved and Popery it self is much amended since the Reformation that it is not so grosly superstitious tho her superstitions are still enough to stifle Religion nor so fabulous in her Legends she need make no new ones since she gives Authority still to the old nor so imposterous in her cheats for her Priests have not been hocus pocuses of late us'd so many tricks of Legerdemain and presented their puppey plays of moving squeaking images since the Reformation as before But they may know that the reason why we have not maintained the dignity of the Reformation intire is this for that Popery hath not been utterly extirpated from amongst us tho their frequent Treasons and their notorious seductious have deserved it By its continuance amongst us and the resorts of their Priests hither it hath created and fomented divisions amongst us and corrupted her Children from their obedience to her guidance and instructions but she her self is still the same she was the Reformation of the Church is still intire She hath made good her departure from the Church of Rome her Adversaries have not been able to convict her of any fault therein and by an easie victory she hath triumphed over all their oppositions And tho Popery appear not altogether so deformed by her Priests Artificial dress and the Representations they make of her to seduce us and entice us to come again under her yoke yet we know she hath more established her Tyranny by the Council of Trent and more corrupted her Morals by her modern Casuists since the Reformation and thereby hath rendred her self more detestable and for ever to be avoided But though it may be true that the Popish world is beholden to the Reformation and Popery it self is thereby amended in some overt things and reformed in those Countries that have not reformed from her For in the Light of the Reformation they have seen Light and have been ashamed of some of their works of darkness do not bring into present use some of their gross Impostures and some worse than Pagan superstitions Yet when this Light is extinguished it will be a most dismal and eternal Night upon the Christian world If we return to her our Ears will be bor'd and we shall be irredeemably enslaved The spirit of Popery if it returns and possesseth us again that hath been walking in the reformed Countries as in dry places seeking Rest and finding none and finds us thus swept and garnished will bring with it seven Devils more wicked than it self and our last estate will be worse than the first The Pride Cruelty and Avarice Domination and Luxury of their Priest-hood will be aggravated upon us and the minds of the Laity more lowly depressed by superstition and ignorance The Gospel of Cardinal Palavicini will be the Canon of the Christian Religion or it may be something worse for who can tell what will be the Religion that that Church will offer in process of time to the World under the Christian Name When the Pope by his pretended infallibility may make the Christian Religion what he please by interpreting adding altering or detracting with an uncontroulable Authority For us therefore to become Papists to return to the Church of Rome acknowledge the Popes infallibility there is no other way to become Papists is virtually to betray the Christian Faith to renounce our Allegiance to our Lord Christ to prefer the Bulls of a Prophane Pope to the Holy Oracles of God and the Revelation of Jesus God Blessed for ever With this Religion therefore we can never make an accommodation We may as well make a Covenant with Hell This as Dr. Jackson one of the glories of the Church of England in his Book call'd the Eternal Truth of Scriptures vehemently admonisheth us admits no terms of Parly for any possible Reconcilement whose following words to this purpose I shall here transcribe The natural separation of this Island from those Countries wherein this Doctrine is professe shall serve as an Everlasting Emblem of the Inhabitants divided Hearts at least in this point of Religion And let them O Lord be cut off speedily from amongst us and their posterity transported hence never to enjoy again the least good thing this Land affords Let no print of their Memory be extant so much as in a Tree or Stone within our Coast Or let thir Names be such as remain here after them be never mentioned or always to their Endless shame Who living here amongst us will not imprint these or the like wishes in their Hearts and daily mention them in their Prayers Littora Littoribus contraria fluctibus undas Imprecor arma armis pugnent ipsique Nepotes which he thus renders Let our forain Coasts joyn Battel in the Main Ere this fowl Blasphemy Great Britain ever stain Where never let it come but floating in a Flood Of our our Nephews their Childrens Blood I shall only subjoyn my hearty Desires and Prayers that we may all fear God and be zealous for his true Religion Honor the King and firmly adhere to the Government and in our several places steadily oppose and resist those Villains that are given to change And that by our Union we may defeat the crafty Designs of our cruel and implacable Enemies who if they can continue those Divisions they have made amongst us by their wicked Arts will certainly at length destroy us Who are bent upon our Destruction though they themselves perish with us and we cease to be a Nation and our Language be forgotten in a forain Captivity Sir Now I have given you my Answer to your Reasons to disswade me from publishing the Argument for the Bishops by representing how few of the Clergy can with Reason be thought guilty of Opinions so mischievous to the Church and State which you charge to have generally corrupted them and how easily and with little consideration they will be laid aside by them I will make no other Apology for the publishing this than that I have communicated these thoughts to no Man alive either of the Church of England or any other Demomination or consulted any Mans advice about it That I can serve the design of no party of men herein nor any particular design of my own I wish they can be serviceable in the least Degree to publick Good I have had them by me a great while and have consider'd them under the several Varieties of Temper that our Bodies are disposed to which induce different thoughts and various Apprehensions in most things under the several passions that the fluctuation of publick Affairs have occasioned under the Ebs and Flows of Hopes and Fears in reference to the state of the Kingdom for some length of time And finding them to have the same appearance and to give me the same satisfaction in all the several Postures and Views that I could take of them I assure my self I was sincere when I thought and that they result meerly from my Judgment such as it is uncorrupted that I am not perverted or biased by any secret passion or desire of any sort which many times lurk and steel upon us deceive us unawar's and undiscernedly abuse us Sir the Summ of my Apology is this that I know my self sincere of honest Intentions mov'd by nothing but a hearty love and affection to our King Religion and Country and for what any man shall think of me I am not Solicitous Yours T. H. FINIS
Peer in Parliament Of what consideration decency can be Chap. XII Their Sitting in Judgment not so much against the reason of the Canon as their assent to Bills of Attainder which was never condemned And the Nature of an Act of Attainder Chap. XIII Over-ruling a Plea of pardon doth not condemn the Criminal and therefore they may judge of such Plea Though they are not to be present at the making of a Judgment of Condemnation Quousque perveniatur in Judicio further explain'd And that which follows upon another thing is not always caus'd by it XIV Bishops one of the three Estates of all the Realms of Christian Europe And how they came to be advanc't to that dignity and trust The convenience of their not being divided in a distinct house from Lay Peers They cannot be detruded from that dignity no more than the Government can be chang'd which no Law can do Six Bishops of the twelve Peers of France and their Aristocratical power That all Governments are lawful that are lawfully establish't Chap. XV. William the Conqueror agreeable to all the Princes of that time put Bishops under Tenure by Baronies and all Baronies at that time feudal with the reason of his Policy and the inconvenience it produced Of the Curia Regis which consisted of the Baronage in which the Capitalis Justitiarius Angliae did preside Of the administration of Justice in that time And that the Baronage of England upon special Writs of Summons became a Parliament An account how all our present Courts derived out of it Of the Court of the High Steward and of the Court of Chancery and the reasons of its rise and growth and how inconvenient it is And how we recovered out of the inconveniencies of that Constitution of Parliament by representatives in the time of H. 3. And that this it being allowed can give no countenance to those that are desirous to change our present and better Constitution That in all this Change the Bishops suffered no diminuion But when the ancient reason of Baronage failed they are after to be considered under the new reason of Baronage Chap. XVI The remembrance of the old reason of Baronage became a prejudice in the Judges upon which T. Furnival Plea allowed that he held not per Baroniam An Entail of Baronies with lands after allowed The reason of Nobility changed and no man now Noble by his Acres Many men Summoned to Parliament and yet not Noble No prejudice to the immovable Right of Bishops to have Summons to Parliament and that objection answered Kings may erect new successive Nobility in Clergy-men That Bishops are of a distinct sort of Nobility and under that and other reasons they are considered as a distinct State Chap. XVII Of the three States which make the Government under the King that he is none of them The Objections against this answered And the reasons of their being distinct and the several Offices and Expectances in the Government that make them so That the several Orders of Peers make but one Baronage and in that there is a great trust and honour greater belongs to Bishops than Lay Barons in our present constitution Their Character and qualifications commend them to the highest trust and render them fittest Judges Chap. XVIII The Reason of Tryals per Pares and that the Bishops are competent upon that reason in Parliament though not so fit to be of the High Stewards Court The Law of M. Charta not Lex scripta Bishops ought to be tryed by their Peers How that Right came to be discontinued and that in Parliament they ought still to be Tryed by their Peers Chap. XIX The unreasonableness of maintaining an Opinion upon a single Objection against a matter evidently proved that Questions of this nature should be considered with candor and not opposed with meer possibilities Chap. XX. Several alterations in the Government since the Conquest that the Alteration in what concerns the Baronage the Bishops Right is to be considered in analogy to the Change That changes of Government for the better cannot again be altered but our zeal is required to defend the Government made better and they deserve ill that go about to reduce us to our old mischiefs by their Antiquity Chap. XXI The advantage of the Change in the constitution of our Parliament in the change of granting Subsidies And how the Lords are bound by a Bill of Aids Chap. XXII The beneficial Change that hath been made by the clause praemunientes in the Bishops Writs of Summons to Parliament which gives Authority for the Convocation By this we are discharged of Provincial Councils and Canons of the Church kept distinct from Laws of the State The Church kept in peace from rending Questions and Religion is conducted not by Laws but by Canons not force but perswasion which commends our Episcopal Government Chap. XXIII The danger we avoided of having our Baronage of England ambulatory and fixing of it in Families and an indefectible Succession in which the Right of the Peer-age of Bishops is established Chap. XXIV The advantages the Adversaries seek to their cause by aspersing the Bishops Remembrance of all the faults in all times committed by any of the Order that many of those faults are principally due to the Papal Vsurpation and the neglect of Kings to defend the Rights of their own Bishops and are all the Vitia Temporum the times of Popery Chap. XXV How inculpably our Bishops have been in administration of their Ecclesiastical Authority how faithful in their Temporal Trust and Asserters of the Rights of the people They have not been irreverent to Kings nor have they encroached any power in Civil matters in ordine ad spiritualia That the power that they challenge is meerly spiritual and they challenge nothing of Divine Right but the exercise of their Ministry which they cannot lay aside Mr. Selden's Arguments for Erastianism answered The Church of England doth not tye her self always to think and enjoyn as she doth at present The moderation of the Church in opinions her apprehensions of Schism just and great They are not answerable for the ejectment of the Nonconformists nor for the scandalous Lives of their Clerks nor their Chancellors nor abuse of Excommunications Why matters of Incontinency are committed to their censures They have exercised the power of the Keys against the Infractors of M. Charta and how it hath been guarded with the denunciations of the Church we have reason to expect as much from our Bishops to support the Government of Laws Chap. XXVI We have as much reason that the Protestant Bishops should be as constant to the Reformed Religion as Popish Bishops obstinate for Popery An Apology for their Vnanimity in Voting Their dependance not so great upon the Crown as to oblige them to disserve their Prince The King bestows nothing upon them but what is the Churches the great expectation the Government hath of their fidelity and performances That which advanced them must
the Jurisdiction of Bishops Novel 83. he decrees the like for Clerks as well for matters Civil as for Ecclesiastical Crimes reserving others to his officers and furthermore in case the Bishops cannot or will not take cognisance of them he refers them to his Magistrates Nay the Emperours proceeded further and did give Jurisdiction to Bishops not only over Clerks but also over Laymen Constantine the Great whose Law the Canonists ascribe to Theodosius made a very favourable constitution in behalf of Bishops whereupon he gives them the Cognisance of all civil Causes betwixt Lay-men upon the bare demand of one of the Parties albeit the other did not consent unto it in such sort as the Magistrates are bound to desist from the Cognisance of it as soon as one of the parties shall require to be dismist and sent thither whether it be at the beginning or middle or end of the suit Arcadius and Honorius derogating from this Law will have it to be by the joint consent of both parties and that by way of Arbitrement The same Emperours together with Theodosius do ordain That there shall be no appeal from the Episcopal Judgment and that their sentence shall be put in execution by the Serjeants and Officers of the Judges The two last Justinian would have to be observed for as for that of Constantine he did not insert it in his Books which Gratian hath confest in his decrees and whereas in the Code of Theodosius the inscription of the Title runs thus De Episcopali Judicio Justinian instead of it hath put De Episcopali audientia to shew that it is not properly any Jurisdiction that is bestowed upon them but a friendly and arbitrary composition to abridge process After this the Emperor Charles the Great in his Capitulary renewed the Law of Constantine and gave the same jurisdiction therein contained unto all the Bishops repeating the same Law word for word which the Popes have not forgot in their Decrees where they have inserted the Constitution of Constantine under the name of Theodosius just as Justinian did in his Books the Responses and Commentaries of Lawyers to give them the strength of a Law But I know there is a Question made by very Learned men Whether that Law of Constantine is not supposititious But whether it be or be not we have alledged enough without it to prove that Christian Emperors and the ancient Christian Church was not of the opinion of this Author and that his Citations so much as they are true are nothing to his purpose The cause or reason of those two Laws expressed in the Laws are For that the authority of Sacred Religion invents and finds out many means of allaying Suits which the Tyes and Forms of captious Pleadings will not admit of That the judgments of Bishops are true and uncorrupted That this is the choaking of those malicious seeds of Suits To the intent that poor men intangled in the long and lasting snares of tedious Actions may see how to put a speedy end to those unjust demands which were proposed to them But the Pope his Decretals the Court of Rome and other Ecclesiastical Courts are of old complained of as the source of Iniquity and injustice and of all the shufflings and tricks that ever could be invented in matter of pleading and that all Papal Christendome hath groaned miserably under them and I wish that we may never hear duly of any such complaints of our Ecclesiastical Courts It is worth observing how the Church and Common-wealth did Actions contrary to each other in pursuance of their several interests The Common-wealth endeavour'd to engage Bishops in the highest secular affairs and in their supream Judicatures and so the people would have it not doubting of such administrations as they might fairly expect from the Bishops ability Authority and Religion But on the other side the Church did as much decline them as she could and so far as she might she used her Restraint only in prohibiting them from medling for their own private gain in Temporal affairs Can. 14. Arles clericus turpis lucri gratia aliquid genus negotii non admittat but they did not take from them all opportunities both of doing good to their people and securing the Secular power of which they became part to their own assistance and without refusing their services to the Prince when required from which practice of the Church the Pope took advantage to put his peremptory restraints upon the Bishops and Clergy from intermedling in Secular affairs to make them the more submitted and dependent upon himself the better to arrive to his Ecclesiastical Monarchy The Dignities and favours that Bishops received at the Courts of Princes was the envy of the Pope and matter of quarrel against them and Petrus Blissensis upon such an occasion makes an Apologie to Pope Alexander the Third in an Epistle writ in the Name of the Arch-Bishop of Canterbury in defence of the Bishops of Ely Worcester and Norwich who attended then at Court upon the service of the King which because he hath been an Author produced by the other side in this Cause and because what he says for their being admitted into the Councels of Princes contains so many advantages to the Church and State I shall here transcribe Non est novum quod Regum Conciliis intersint Episcopi sicut enim honestate sapientia caeteros antecedunt sic expeditiores efficaciores in Reipub. administratione censentur quia sicut scriptum est minus salubriter disponitur regnum quod non regitur consilio Sapientum in quo notatur eos consiliis regum debere assistere qui sciant velint possint patientibus compati terrae ac populi saluti prospicere erudire adjustitiam Reges imminentibus occursare periculis vitaeque maturioris exemplis informare subditos quadam Authoritate potestativa praesumptionem malignantium cohibere He proceeds in his discourse and brings the examples of Samuel Isaiah Elisha Jehojada Zachary who were Priests and Prophets respectively and yet imployed in Princes Courts and Councels of Kings and adds Vnum noveritis quia nisi familiares Consiliarii Regis essent Episcopi supra dorsum Ecclesiae hodie fabricarent peccatores immaniter intolerabiliter opprimeret Clerum praesumptio laicalis then he adds advantages to Religion and policy hereby Istis mediantibus mansuescit circa simplices judicarius rigor admittitur clamor pauperum Ecclesiarum Dignitas erigitu relevatur pauperum indigentia firmatur in Clero libertas pax in populis justitia libere exercetur superbia opprimitur augetur laicorum devotio religio fovetur diriguntur judicia It is well known and I will not be so impertinent as to go about to prove that the chief Ministers of Religion have been the greatest men in Civil Government in all Nations and in all Religions as well as in ours and as certain it is this Author will never find reason or precedent of
all I cannot imagine they can pretend an umbrage from the Holy Scriptures for such unheard of opinions The Jews indeed had a Government and Laws of Gods framing and appointment and a King of their own choosing and such a King as they desired by God's permission they had But their form of Government ought with less reason to be the Rule of all kingly Governors because it was a Government chosen by themselves then the Laws of the Jews ought to be the Laws of all Nations which they are not though made and enacted by God himself Christ would not make himself a Judge in a private Right submitted to him He determined the right of the Roman Empire by the possession of Soveraign Authority and such as the whole world had made it his Disciples were obliged to acknowledge it by their Obedience and Submissions which is the summ of the Apostles Doctrin in this matter The Christian Religion instituted no form of Governments but enjoyns us to be obedient to those we have not only by express command in the case but by its general Rules of a most refined improved and extensive morality But though I said the Scriptures have not prescribed or directed any universal Form of Government yet the Scripture hath declared the falshood of this new Hypothesis of Kingly Government to be Jure Divino or by Divine Right For St. Peter 1 Peter 2.13 and 14. stiles Kings as well as the Governors under him the ordinance of man which cannot have any other sense but that men make them and give them their powers By St. Paul the power of Government indeed is called Gods Ordnance Rom. 13.2 but that is for this reason because in general God approves of Governments as necessary to the well being of Mankind for the improvement of humane nature for the punishing of Vice Encouragement and security of virtue without them it being impossible to live honestly and in peace And he hath made them the under Ministers of his providence and care over Mankind and expects of them that they should promote his true Honor and Worship in the World which will be always accompanied with the exercise of all civil Virtues These two different places must be so understood that they may be both true and by no other interpretation can they be reconciled and made consistent It is impossible that any thing can be of mans appointment which is of Gods Ordination there can be no such thing as a Co-legislative power of Men with their Maker Government therefore is from God as he hath made Governments necessary in the general order of things but the specification thereof is from Men and the best definition that can be made of Government is in the words of both the Apostles put together 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and such Governments which men make God approves and requires our obedience to them upon all those reasons which make Governments necessary The natural and easie consequence and result of these Scriptures is this which I desire those Gentlemen to observe That whatsoever is not lawfully established by men no Law of God not the Christian Law doth oblige us to obey The Christian Religion doth equally condemn in the reason of its Institutions Usurpation and Contumacy Where the Apostle admonisheth us that if we be free we should not become servants he hath by virtue of that Admonition made it commendable not to suffer the Encroachments of power over us Most certainly therefore as the Christian Religion doth not prejudice the Soveraign Rights of Princes such as they are in the several forms and Modells of Monarchical Governments non eripit terrestria qui regna dat coelestia as Sedulius so doth it not enlarge them when by the Gospel God made us free from his own positive Laws to the Jews he did not intend thereby de Jure to render us slaves to the Arbitrary pleasure of Men. No Man intends by any thing in the Scripture that all mankind is obliged to any one form of Government and therefore all Men are left to their own It hath not therefore altered the terms of Government and Obedience that every Nation hath Established for themselves but hath confirmed and strictly obliged the observance of them To Obedience to Government we are obliged by as many ties as there are Christian Virtues and he must disown his Christianity that departs from his due Allegiance And since our Saviour is declared King of Kings and Lord of Lords all Kings Christian Kings especially are to govern in Imitation of his mercy and goodness and in subserviency to the Interest of his Religion and Kingdom Regum timendorum in proprios greges Reges in ipsos imperium est Javis cuncta supercilio moventis Whence then is this absolute Authority of Kings if it come neither from God nor Man Give me leave now to inform you that these opinions render you all Traytors guilty of Treason of State perduellionis rei obnoxious to be punished as Traytors by an Authority lodged in Parliament In the Constitution of the Government You your selves must needs condemn your selves to have forfeited all your own who hold such Principles that tend to destroy every Mans Right by resolving all things into the absolute pleasure of a Monarch in which you mostly disserve the King and are contrary to His Majesties late Declaration The Men of these Principles the less of the Government they are entrusted with the better for the less they have to give up and betray I confess if I could believe that this Doctrin was become Orthodox among them and the prevailing opinion of the Clergy I should conclude us to be the most unhappy people under the Sun This is an Hypothesis indeed that will bring on new Heavens and a new Earth but such wherein no peace or Righteousness can ever dwell But I deem all such as are Defenders and Promoters of it do deserve a civil Excommunication more smarting then their Ecclesiastical and to be condemned to live upon and only feed themselves with their thin speculations and to be excluded from any share of that Government that they professedly in their Principles betray to be punished as seditious persons and most mischievous Schismaticks far more intolerable in this matter than the scrupulous brother-hood for their boglings at an indifferent and insignificant Ceremony For that to the ruin of our Religion and destruction of the publick peace they divide from that polity to which by drawing here their first breath they made Faith and to which the condition of their birth doth oblige them they falsify that which Arrian in his Epictetus calls the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 than which nothing is more sacred and inviolable By creating themselves a new Allegiance and obtruding it upon their fellow Citizens and Members of the same Kingdom they set up a Kingdom within a Kingdom more dangerous and mischievous than the Papal Imperium in Imperio which certainly will be introduced if this Modern and
will not assist to bring on the Popish Plot by disbelieving it and put us in fear of the Fanaticks by taking all the courses imaginable to provoke and exasperate them and upon their discontents which they maliciously heighten and by falshood and forgeries misrepresent To graft thereupon a Pretens of a Protestant Plot for a pretext to extirpate Protestanism and introduce Popery which they impudently pretend to be of a more firm Allegiance to the Government than the Reformed Religion I pray let it be considered that that which is tolerated is put under disgrace even for that it is tolerated and that which tolerates even for that it tolerats hath the Governing Authority and in so much as it indulgeth it obligeth to modesty and reason and. if that indulgence should be abused it may and will be retracted It was never intended by the House of Commons that the Church of England should be altered or modelled to an agreeableness to any form or sect of the separation or prescrib'd to by any of the Dissenters or that she should be made subject to any of their rules or opinions or her Liturgy laid aside for directories or which is worse undervalued to the profane way of extemporizing For as generally used and exercised it deserves no milder a stile That the Church should always govern by her own Wisdom in her own Province and in those things that appertain to her can never be deny'd her No man hath reason to say tho he hath great cause to dislike the separation and to have a bad opinion of the Dissenters that he had rather submit to Popery than to any form of the Separation for he need do neither except he pleaseth No man that thus expresseth himself but will be suspected to seek an occasion and pretens to become a Papist and to make a defection from the Church of England But if these Gentlemen have such a displeasure against Schism and Separation which certainly is the worst disease any Church can labor under and at this time threatens the destruction as well of the Protestant Religion it self as it doth to the Professors of all denominations let this sharpen their zeal against Popery which by its unhallowed arts hath occasioned and exasperated our Schism and put them upon the use of all means to reconcile if possible the Schism that the Papists have already made and by all means endeavor to continue and take away if possible the occasion of it for the time to come And thus defeat the Arts of the Priests and Jesuits for supplanting our Church It is a most deplorable thing that our Church should be kept rent and divided in danger of being lost between Rituality and scrupulosity Though the Scruples of the Nonconformists which I always thought and do still think groundless and unreasonable have often moved me into some passion against them yet upon consideration I think this their Scrupulosity may be of God and that some Men are by him framed to it That he hath provided it as a bare and obstacle in the Natures and Complexions of some devout Men against any Innovations whatsoever that dangerous ones may not steal upon the Church for the better maintaining the simplicity and purity of the Christian Religion and Worship But in saying this I have said nothing that is apt to give them a conceit of themselves but rather to humble them For the best Men are not govern'd by their Temper and Constitution but correct them by their reason and determine themselves by a clear and firm Judgement What affrightment all this while either to Church or State from this weak and pittyable Scrupulosity Where lyes the Treason or Sacriledge nay or so much as contumacy against our Ecclesiastical Governors which is so much upbraided to them The Christian Religion may be prejudiced by addition to as well as substraction from her rule The Church of Rome by her additions hath almost evacuated the Christian faith Besides there may be a fineness in the outward mode of religious Worship in its self very justifiable which may be not congenial to men of a course make The Worship of God will always savor of the manners of the People Men of dull capacity can scarce admit of any Ceremonys without danger of falling into superstition or being vext with endless and incurable scruple until for ease of their minds they throw them off But the wisdom of the best Law-makers hath considered in giving Laws what the People would bare and not what is best to be enjoyned and many things have been tolerated by them which they did not approve ne majoribus mal is detur occasio aut etiam ne vilescant sine moribus leges There is nothing more exposeth the Authority of Government to contempt then a publick and an open neglect of its Injunctions But where obedience to Laws is exacted under severe penalties where it doth not greatly import the common good to have them observed that Government is unequal and useth its Authority unjustifiable Leges cupiunt ut jure regantur The consideration of the sad effects the Schism in our Church hath occasioned the contempt that it hath brought upon our Ecclesiastical Governors That Religion it self is thereby made the scorn of Atheists That the Papists are thereby furnished with matter of objection reproach and scandal to the Reformation That every Age since it begun hath heightned the malignity of the Schism that it seems now to despise the Cure of the greatest Cassanders These considerations make it infinitely desirable to have it utterly extinguished There seems to be now left but one way of accommodating our Divisions and that is that we do not hereafter make those things wherein we differ matter and reason of Division That the Children of the Light and Reformation be at length as wise in this matter as the Church of Rome which is at unity with itself under more and greater differences then those that have troubled the peace of our Church which is sufficiently known to all Learned men Had it not been happy that this Schism had been prevented by the use of the power of the Church in Ecclesiastical dispensations If no Law had been made touching the matters that gave the first occasion to the Schism it had been in the Power of the Church to have prevented it No good Bishop but would have relaxed the Canons that enjoyned these Ceremonies about whose lawfulness there hath been so much Zeal mispent and unwarrantable heat and contention raised for the sake of peace and preservation of the Unity of the Church to men peaceable and otherwise obedient to her injunctions So dangerous it is to make Laws in matters of Religion which takes the conduct of Religion in so much from the guides of the Church The beginning of contention is like the breaking out of waters saith the wise man and they are assoon as begun more easily ended Before the Contenders have exasperated one another with mutual severities
the Church of Rome the source whence all our divisions spring To which we owe the first separations that were made in our Chutch which appears by undenyable Records published by Dr. Stillingfleet in his Book called the Unreasonableness of Separation How they have propagated multiplyed exasperated and promoted our divisions to tell you would make a Volume besides no Protestant is now to know it I have only this further to observe that the Church of Rome at first only design'd by the Arts of dividing us and breaking us into several Communions to disgrace the Reformation to make our Spiritual Governors Pastors and Teachers lose their Authority with the People To deprave our Religion with licentious opiniastre and absurd dogmatizing to load our departure from that Church with the mischief of innumerable Schismes and to make us reconcileable to the Tyranny and impostures of that Church from the vain opinions and licentiousness of the Sectaries who have been seduced managed inflamed and made wild by their imposturous Arts and Deceits This I believe was only at first designed by the Priests but now they apparently design by the Dissenters to destroy the Church or by the Church to destroy the Dissenters that they more easily come to rights with her They imagine the Dissenters are very numerous and that the Nation is fallen into two great parts that the Dissenters numbers are vast But God be thanked they neither make our grand Jury men nor the common Halls of the City of London for choosing the Lord Majors or Sheriffs And I challeng any man to give me a List of all the Names of Dissenters that were of the House of Commons in our two last Parliaments I am sure they will not make an Number but they reckon the Numbers of Dissenters by the care they have taken to encrease it They used great art to continue the Separation when His Majesty was restored Since Laws have been made to raise the Animosities of Dissenters but scarce ever executed for repressing them If for any reason of state the Laws here and there and for a spurt have been exacted secret comforts and supports have been given to their Preachers of greatest Authority with them And when they have seem'd to preach with the courage and zeal of confessors to their Auditors they have been assured not only of indemnity but have received rewards How prosperously did the work of separation go on by these Councils of our Achtlophels by these means they concluded it would be heightned that it would admit of no terms of an accommodation How insolent were their Harangues more taking with their deluded Auditors while they apprehended them acted with an invincible zeal of Religion What Animations did their People receive to defy the Church and her Authority when their Preachers despised Fines and Imprisonment to their seeming out of pure zeal against her Order It is well known several of them were in Pension and no men have been better received by the D. than J. J. J. O. E. B. and W. P. c. Ringleaders of the Separation Besides that Popish Priests have been taken and executed for preaching in Field meetings in Scotland They have raised there a sort of Euthusiasts more wild and mischievous than any we had amongst us in the times of licentiousness They have had notwithstanding great Lords that have patronis'd them who were always well received in their applications in their favor at St. James's and several of their Preachers who were not Priests have received exhibitions and pensions for their Encouragement It was necessary that the Fanaticism planted in Scotland should be very loathsome to make that Nation abate any of their zeal for the Protestant Religion or to neglect their fears and apprehensions of Popery or to make the least step towards it Awake you drowsie Sleepers open your Eyes the Sun is risen there is light enough to fill your sight if you would look up and were wiling to see Could any thing be conceiv'd more apt to bring the Church of England into contempt and scorn with those of the separation then to have Laws made in her favor penal Laws which are thought to be of her procurement and not executed Vain and Ineffective anger is always returned with contumely scorn and hatred Cupide conculcatur nimis ante metitum And so it hath succeeded in this case nothing hath been more passable than the basest Scurrility upon the Church the Bishops and the Clergy The Atheist the impious and profane have listed themselves Fanaticks that they might have the greater Liberty of reviling Religion it self with impunity Consider how the Church of England is used which is truly the Bulwark of the Protestant Religion About ten years since they designed to slight her works and demolish her by a general indulgence and toleration And now they intend to destroy her Garrison those that can and will defend her against Popery By one of their Pamphleteers the separation is called an usurpation upon the Government and all the Dissenters as such only Rebels and Traitors to the King The same Gentleman would perswade the World that the ready way to extirpate Popery is by rooting out of Fanaticism whither saith he the Fanaticks bring on the Jesuits plot or the Jesuits the Fanaticks is not a farthing matter But in the mean time that the Papists have a plot on foot needs no proof That any sort of Protestants are engaged in a plot cannot be proved But all honest Protestants of the Church of England think it more righteous to punish the Deceivers and pitty the Deceived and wish them only cut off that make divisions It is one way of curing or rather of extinguishing the disease to Kill the Patient But no Prince did ever yet provide Cut-Throats for his People in epidemical diseases instead of Physitians But if the Papists could arm other Protestants against Dissenters there would be the less work for Papists to do And they will be sure to requite them for this favor with Polyphemus his curtesie For to give the Devil his due they are not themselves so fond of Massacres and destruction of Hereticks as to envy that employment to any other that will undertake it They had rather any other party of Men should do the Drudgery for them Besides what one sort of Protestants shall execute upon another will give them better pretence and more hardiness if they wanted either Pretence or Resolution to destroy such as they call Hereticks to execute the like destruction upon the Church Protestants who certainly differ more from the Papists then the Separatists do from our Church Sure there is good Reason they should be more sharply treated by the Papists than they treated the Dissenters And if they are in such sort us'd they must lay their hands upon their mouths and be silent before their Persecutors and acknowledg the righteous judgment of God in bringing such tribulation upon them from their Enemies wherewith they troubled their own Brethren
to the Encroachment of the Papal Power and in this matter to declare how far the Bishops might if they pleased observe the Canon Law or rather themselves and what was thought then decent to their Order So according to the Print in Gervasius and therein he differs from Matth. Paris it is Quousque judicio perveniatur ad mutilationem membrorum vel mortem which further clears the meaning of that Law to be that the Bishops were thereby excused not altogether from Capital Causes but onely when it was proceeded so far in such like Cause that Judgment was to be pronounced which when the Bishops had nothing to gainsay they might depart and leave Sentence to be pronounced by the House But we cannot after all this allow the Author of the Folio to have so little sense as with a good conscience to say that he who cannot perhaps by reason of his circumstance and some consideration of Indecency execute a thing in his own person therefore cannot do it by another no more than he can authorise one man to murther another Thus he saith fol. 20. when surely this Gentleman cannot think it as fit for a Judge to be a Hang-man as to sign a Kalendar for the Execution of the Condemned Prisoners But the Octavo is somewhat surprizing in this matter For he doth affirm That it is not lawful for Bishops to vote in any Question preliminary and preparatory to the Sentence of Condemnation when such Sentence follows and the matter preliminary is necessary to the Process This he proves by a Logick Rule Causa Causae est Causa Causati one of Sthalius his Axioms hath turn'd round the Head of this Gentleman I find few men can bear Axioms Maxims and Sentences There are none speak so much unnatural Non-sence as they that use them most May not several men I pray do several parts of an affair and yet he that doth the first part is no ways the Cause of what another man doth in the second and third place Is the acting the first part of the Play the cause of acting the last Or is the laying the Foundation the Cause that lays on the Roof Is the Jury the Cause of any more than their Verdict And doth not the Court give Judgment by their own Authority and Causality If men would speak by Nature and according to first Notions and were not so full of second Notions and Universals we should not have so many Errors Mistakes and Confounding Opinions in the Work But this we complain of as too severe in the Octavo that when he had confounded us with his Causa Causae Causati he would render us ridiculous with a Story of a Friar out of Chaucer That would of a Capon the Liver of a Pig the Head But would that nothing for him should be dead This indeed was a fine piece of Wit in the Poet but translated hither by our Author is an insipid piece of Malice His Design sure in this was to enter the Bishops amongst Chaucer's Friars and then the Learned Readers of Chaucer would be very conceited upon them and apply all his pleasant Satyrs against the Friars to the Bishops But for the farther Evidence of the Bishops Baronage and their Jus paritatis it would not be impertinent here to add That the Names of Barons Peers Seniors Grants have been attributed to the Lords Spiritual in all times in Authentick Histories and Records Forasmuch as a Nominal Argument is not a very inartificial Topick in such a Cause as this Besides that this will destroy the very strength of our Adversaries which lies in this that they will not allow Prelates to be comprehended in the Name of Peers Grants and Barons And that where the Records doth not expresly mention Prelates they will conclude they were not meant or intended to be present But the Collection which was made for this purpose shall not trouble the Reader because in two Books since Printed in Defence of the Bishops Right in question this is abundantly performed Besides that it is a very precarious Conclusion that our Adversaries make and without argument For they ground themselves herein upon a most unreasonable Postulatum viz. That Titles do not belong to persons for whom they were made and to whose Character they agree and that Words do not design the things which they were made and imposed to signifie CHAP. XIV NOw we shall proceed to perform a necessary piece of Justice to the Prelates as well as a Right to the Government to recover its true Constitution from the Prejudice of Modern Ignorance to declare and manifest that our Gvernment doth consist of three States the Lords Spiritual and Temporal and Commons of England These do make the Great Council of the Kingdom and minister to the King Council and Auxiliaries over which the King doth preside as the Great Superintendent and mover of this mighty Machin The consequence of which is that the Bishops cannot be detruded from that place they bear in the Constitution of the Government for that no Government can be legally or by any lawful power changed but must remain for ever once established And it cannot be no less than Treason of State to attempt a change no Authority in the world is competent to make any alteration The Princes of Christendom after they took to themselves the Election of Bishops which is a natural right of the Sovereign Power become Christian they soon observed the advantage that they might make by advancing them to the greatest Secular Dignities Governments and Trusts and did accordingly advance them to an equality if not to a superiority to the highest of the Secular Nobility gave them Dutchies Marquisates Baronies and rich Endowments and erected that Order into a successive Nobility Another sort of Nobility from that of the Lay Princes concluding that they should be better served by men of their own choice and approved worthiness who had also other advantages over the People than those that the Temporal Princes and Lords had by that Reverence they paid to their Bishops and the Authority and Power that they had over them in the virtue of Religion than by the Hereditary Princes and Nobility who did not always answer to the virtue of the original Ancestors and the first stock Besides that Religious Kings and Sovereign Princes did by advancing Bishops intend to do great advantages and honour to Religion but withall they did not divide the Bishops thus advanced from the Secular Princes and Noblemen in Councils for then they had lost their design The Bishops could not have had any direct influence upon the Councils of the Nobles and Secular Princes nor have tempered their Debates with an excellent Charity and firm Loyalty and other Vertues which belong to their Character It would have made trouble distraction and impediment in the Affairs of Princes and emulation and strife and faction between the Ecclesiastical and Secular Orders and several mischiefs and great inconveniencies would have
the Reformation to which the Bishops did not assent and would never have passed if they had had a Negative upon them But by his Favor these Instances of his are great Arguments of those Bishops their Sincerity For they must needs be under great and violent Prejudices Besides every great man as the Author of the Letter well knows is apt to value himself and cares not to be accounted a light man and the higher in place the more unwilling to be found in a Mistake and they are not content if Old Men Quae juvenes dedicere senes perdenda fateri There is good Hopes therefore that our Rightfully Reformed Bishops will be the last that will give up the Cause of Reformed Christianity and will not be out-done by the Popish Bishops in Constancy when they have a better Cause I must likewise take notice to do the Spiritual Lords Justice of the Behavior of the Gentleman in Folio towards the Bishops He takes notice and that dutifully of the Satyrical so he calls it Language of the Pamphleteers against the Court and the greatest Scurrilities with which the House of Commons are aspersed but has not heard sure of any against the Bishops and the whole Ecclesiastical Order For he makes not the least mention of any such But because they shall not escape besides that in his Book he declaims 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 against the Order and seems so fond of this Office that he forbids all other the use of the Cart he tells the Story of Hephestion and Craterus the one of which loved Alexander and the other the King By this Apologue I doubt not but he intended a Slander and to signifie thereby supprestly a lewd Reproach viz. that the Bishops are not true Servants of the King and Government but of themselves than which a falser thing I hope cannot be said nor a more malitious thing imagined if not true For he may know that they are better men in their true Character than his Loyal Patriots that are true to the King and House of Commons For they have I doubt not I am sure they ought to have a care of the whole Government in the Integrity of its Constitution The Bishops well know how much the People are concerned in the Greatness of the House of Lords which establisheth the Throne and makes and supports the King Great and by their Power and Interest make his Government equal to which they contribute no small Share for to them is entrusted by the Authothority of our Lord Christ the Conduct of Religion and that mighty and momentous Office hath commended them and advanced them to the State of Peerage and will continue them in great Authority with the People as long as the Nation continues in any degree Religious The Temporal Baronage cannot want them in the Support of that mighty Province that belongs to that House In them the People will find their Interest as long as they can value Wisdom and Religion that is as long as they are Christian Men and by them the Kingly Office will find it self served as long as true Religion and Wisdom can minister to the Support of Government and wise and good men under the greatest Trust and in the highest Dignity in the Government can be fit Councellors and Ministers of State The Octavo hath also a hint to this purpose for pag. 30. where he brings in the Case of Thomas Arundel Arch-bishop of Canterbury when all the Bishops made Sir Thomas Piercy their Procurator he says That uniting in one man argued a great Unanimity in the Voting of the Prelates which seems saith he hath ever been The meaning of this is a sly Disparagement of the Bishops in their Voting viz. that have one Common Tie and Dependency upon the Crown that determines them to their Interest and produces the Unanimity of Voting But are the Bishops more depending because they once for all received their Temporalities from the King than the Temporal Lords who are commoly Officers of State and otherwise depend upon their Prince's Favor Is not the Bishops Advancement rather a Reward to their Eminent Services performed in the matter of Religon of the greatest Importance certainly to the State and a Recognition of the excellent Character of those men that are preferred to that Office than a Bribe upon their Actings after they have that Favor irrevocable Do not we know that the Services of Church-men are rewardable upon the Churches Stock and that the King need not impair the Royal Treasure to pay Thanks to Episcopal Men whose Worth doth bespeak the Royal Favor to that Preferment and Advancement Are not the Temporalities of the Church the King 's only to give but not to retain What evil Prejudice or Obligation can this be to any man to serve the King unfaithfully who hath chosen him perhaps though there were others but as equally fit for that Office For we ought to suppose no other disposition of those Dignities than what is just and fit in our general Discourses however things are administred in particular Cases Is not this an Office together with its maintenance of the Provision of the Law and not of the King But to remove that Scandal of their Unanimity in voting which some have reproached with a scoffing Term of a dead Weight it may be considered that Men of the best Judgments and Honesty mostly agree That Variety of Judgments proceeds oftner from Passion and Interest than from Difficulty of the matter debated It mostly grows either from want of Integrity or want of Judgment Agreement in Votes is an Argument therefore of true Judgment and unbiassed Integrity As it is also farther of a good Correspondence amongst themselves of previous Debates and more mature Deliberation Besides that it is no unusual thing in difficult and lubricous Affairs for many to compromise the matters to a few or to the Majority of their own Numbers and abide the Result of the major part But because this matter of Exception to the Integrity of my Lords the Bishops in the great Affair now in Agitation is argumentum ad hominem and gives Prejudice to the true Right and Merits of the Cause and is the most prevalent and hopeful Argument if not the only one that our Adversaries can rely upon For whatever the Causa justifica or Pretence be for the espousing of any Opinion or part of any Controversie if the Causa suasoria the Inducement and true moving cause thereto be strong and persuasive the slightest Reasons will be a pretence for Confidence and the smallest Color of Right shall prevail finally and in the last Issue especially where the Parties concerned must judge or by their Power can make their Will and determinate Resolves to obtain to the biggest purposes I will therefore farther add that we well know what a high Esteem their true Character doth deserve That they are intended the Light of the World the Salt of the Earth If the Salt hath lost its Savor
ought not to loose our Lives Liberties and Estates but where forfeited by Law we ought much rather not to loose them for the profession of the best Religion which by Law is made the publick national Religion And it is strange that some men of the same Religion in profession can think that notwithstanding it makes no matter what is done to a man if he be Religious but if he be not so the least publick injuries and injustice may be resisted vindicated remedyed and by right defended by old Laws or new ones to be made for that purpose The Christian Religion was publisht when the whole world was Pagan and therefore it was submitted to such usage as the Governments would give it But when the Christian Faith had by miracles of patience declared it self to be of Heaven and of a Divine Original According to the Prophecies on that behalf it took possession of the Empire and Crowns and Scepters became submitted to the Cross and the Christians acquir'd a civil right of Protection and Immunity which they ought not they cannot relinquish and abandon no more than they can destroy themselves or suffer violence and cruelty to destroy the Innocent Such as thus perish shall never wear a Martyrs Crown but perish in the next world for perishing in this This will be interpretatively Crucifying Christ afresh after he is received up into Glory i. e. After his Religion is exalted into dignity and honor and civil Authority If the senate of Rome had been Christians they would never have given up the Government to a Pagan Augustus with a power to him and his Successors to make laws for extirpating the Christian Faith what is said of the Christian Religion and Paganism holds between the Reformed Religion and Popery If any man is so vain as to say that an unalterable course of Succession is established amongst us by Divine Right I say he is a man fitted to believe transubstantiation and the infallibility of the Pope he is deeply lapsed into fanaticism he dreams when he is awake and his dreams are dreams of phrensie There are somethings so false that they cannot be disproved as somethings are so evidently true that they cannot be proved This proposition hath no color to ground it self upon no medium to prove it no argument for it which is to be answered nor nothing more absurd than it self to reduce it to But if any shall add that this Doctrin is the Doctrin of the Reformation and adventure to tell the people so they are the most impudent falsaries that ever any age produced when there is scarce a Child but hath heard what was done said and maintained by the Clergy of England in the case of Mary Queen of Scots a Popish Successor in the earliest time of our Reformation here in England Our Age is blessed with a Clergy renownedly Learned and Prudent by the Providence of God and the piety of our Ancestors they possess good though not to be envyed Revenues and Honors It is scarce possible they should have many among them that can countenance a proposition so wickedly impious and sacrilegious that we cannot have new Laws but must loose the old at the pleasure of a Popish Successor against not their own interest and the Rights of the Church but against the Rights and Liberty of Religion it self For she is capable of Franchises and Immunitys which ought above all things to be most zealously asserted and defended by her Ministers can they themselves with their own hands ever pull down her Hedg and destroy her Defensatives and expose her helpless to the rage of her implacable Enemies and suspend all the Legal security she hath for her preservation upon the Life of our present King whom God long preserve If Kings be admitted to have a power to make Laws One Proclamation may establish the Popish Religion amongst us which the Papal Bulls so long as that See continues will never be able to effect Next to Religion her self the Revenues of the Church challenge their faithful care for they are at best but Usu-fructuary Trustees of her Endowments for the Succession which they will wretchedly betray to an Arbitrary Successor if they do not repress such Opinions that pretend to change the Government into an absolute jure Divinity Monarchy which will leave nothing jure divino but it self and the Popedom Kings for their so doing have the authority of Sir Robert Filmer who affirms in his Treatise called the Power of Kings Fol. 1. That the Laws Ordinances Letters Patents Priviledges and Grants of Princes have no force but during their Life if they be not ratified by the express consent or at least by the sufferance of the Prince following who had a knowledge thereof This is but the necessary consequence and result from the Doctrine of the absolute power of a Prince for in such Government the Concessions of a Predecessor can no more oblige the Successor than he can Govern when he is dead and the Successor must be absolute in his time as the Predecessors were in theirs But in vain is the Net spread in the sight of any Bird this deceit is of so gross a thread that it cannot pass with the common people much less upon our Clergy but I will not dissemble what may be the true reason of the seduction of some young good natured Gentlemen of the Clergy They perswade themselves that if these principles and opinions of the Unlimited Power of Kings had been received the late Wars had been prevented Not rightly considering that if such opinions had never been broached or Universally rejected that War could never have ensued and we should together with peace have enjoyed our ancient Government which our Ancestors transmitted to us without that miserable inter-regnum I would not be perversely understood by any man as if I went about to justify our late War This is all I say that every Government once established will continue for ever if all the parts of it would unalterably consent to preserve it to which their narural Allegiance doth oblige them And never any Prince endeavored to change the Government but where part of the people were first willing or content to have it so Those false flatterers that go about to remove the boundaries of power and change the Government are the greatest enemies to the quiet and happy Reigns of the Kings and the peace and prosperity of Kingdoms And if they do adventure to call the ir fellow Subjects by any opprobrious names of disloyalty because they will not joyn with them in such change they are as absurdly impious and insolent as any Prince or State would be who should challenge another as free and absolute as himself for his Tributary and Vassal and traduce him for a troubler of the World because he would not Compose the Quarrel thus injuriously sought with the surrender of his Crown and dignity I desire these Gentlemen to consider that the happiness of a Nation is best