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A42125 An answer to some queries concerning schism, toleration, &c. in a letter to a friend ... Gandy, Henry, 1649-1734. 1700 (1700) Wing G197; ESTC R8150 50,034 60

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Momentous particulars 1. It was a Primitive and Fundamental Power and Duty of See Municipium Ecclesiasticum printed 1697. Bishops to convene in Synods without restriction 2ly All Ecclesiastical Rights are so Spiritual that they cannot be by Allowance and Approbation of God or his Church vested in any one in form of a Temporal Right but only on this Condition that the parties intrusted with them continue in the Unity of the Catholick Church and their own Provincial Bishops as Prelates of it having immediate care of their Souls What Princes have no Rightful Authority to do that they may Municipium Eccl. p. 100. irresistibly do upon an uncontroulable Domination and Impunity Upon which when they presume to repress our Rights and Liberties if it be in matters Necessary they are to be disobeyed in Fact and submitted to as to their Legal Processes without resistance The Church is Subject to all Common-Wealths where it is Thornd prim Ch. gov p. 89. maintain'd in Temporal matters In those which concern the Soul whom shall we think our Lord leaveth her in charge with but those whom he trusteth with the Keys of his House Our Church acknowledges the King to be Supreme in all Causes Ans to several Capt. Qu. p. 36. and over all Persons Ecclesiastical viz. that no Quality in the Church nor Cause of the Church exempts a Subject from the Secular Laws and the Sword of Justice which may be very true as it undoubtedly is yet all manner of Obedience in Religious matters shall not presently become due to the King For when Sovereigns require the Subjects to do things contrary to Religion if their Subjects give but one manner of Obedience to their Laws which goes with us under the Name of Passive Obedience it saves at once their Acknowledgment of the Sovereigns Supremacy over them and of Gods Supremacy over all So that we are not oblig'd by our Oath to become Calvinists c. nor in a word to be of the King's Religion but to submit to his Authority let his Religion be what it will c. If by the Parliaments changing the Church of England you mean Id. p. 25. that Parliaments can make the Religion profess'd by the Church of England to become a false Religion when their Inclinations are once vary'd from us then I tell you that the Church of England is not changeable by English Parliaments nor by all the Powers of the Earth for this matter is fix'd to their hands and can never be unfixt to the end of the World No Ordinance of Secular State can deprive our Church of its Hill's Cath. Bal. p. 99. essential Rights given us from God but only lay Temporal Punishments on us for the use of them without their permission Which if it be absolutely necessary for us at any time to do in Opposition to the State Our Ecclesiastical Acts are not Null but valid to all effects Purely Ecclesiastical and we can but suffer and despise the Penalty The Romanists triumph that we have no Power to meet in Id. p. 122 Convocation without Royal Licence nor at Liberty when there to dispute one Question without the Kings Allowance nor are our Conclusions valid without the King's Ratification whether Catholick Heretick Heathen Turk or Jew on pain of hampering by Praemunire's c. But here it is to be remember'd that these are Impositions of the State for which the Church is not bound to advocate if they are Persecutions but if men would be just they would pass the most favourable interpretations on publick Sanctions and herein conclude that these Statutes were intended not for Persecution but for Caution only against those extravagancies which the Church had abus'd its freedom to the Kings always graciously promising us on request opportunity to Convene and discuss our Matters as to us shall seem Convenient that we might have no cause to think that their Laws are intended for Persecution And for the Kings Ratification it is justly necessary not meerly to an Ecclesiastical effect but that our Censures for breach of these Canons may be seconded upon the Contumacious by the Writ De Excommunicato Capiendo c. It being no reason that the King should be the Churches Hackney without any consent of his own But if any Prince should Pervert these advantages to a Persecution we must then do our duty and fear no Sufferings We hold our Benefices by humane Right our Offices of Priests Bramhal Vindic. Ord. p. 77. and Bishops by Divine Right and Humane Right But put the case we did hold our Bishopricks only by Humane Right is it one of your cases of Conscience that a Sovereign Prince may justly take away from his Subjects any thing which they hold by Humane Right If one man take from another that which he holds justly by the Law of Man he is a Thief and a Robber by the Law of God The substance of what has been said upon these two last Queries amounts to this 1. That Toleration may excuse a Schismatick from the Penalty but not from the guilt of Schism 2. That Communicating with Schismaticks because Tolerated makes the crime less dangerous but not less sinful 3. That tho' Persecution or extreme Severity in Governours may make some men thro' humane frailty to comply with a Schismatical Church yet that will not excuse them from Schism in the sight of God because they ought to obey God rather than Man 4. That tho' the Prince be Supreme in Ecclesiastical Causes yet he cannot alter Religion at his pleasure or injoyn a Sinful Worship and if he do's 't is no Sin but a duty to disobey him 5. The Bishops and Governors of the Church in such a case are bound to defend the Rights of the Church against him as the Primitive Christians did against the Heathen Emperours 6. That all even Kings are liable to Church Censures Q. Whether a Prince being Excommunicated by the Church may be Resisted Depos'd or Murder'd by his Subjects A. It is contrary to the nature of Excommunication tho' in the Falkner Christian Loyalty p. 316. highest degree that any person and especially a Sovereign Prince should thereby lose those Temporal Rights which are not founded in their relation to the Church Indeed in Christian Kingdoms there are ordinarily some Temporal Penalties and abatement of Legal Privileges inflicted upon the persons Excommunicate But this is not the natural Effect of that sentence but is added thereto by the Civil Government and Sovereignty under which such persons do live And therefore no such thing can take place with respect to Sovereign Princes who have no Temporal Superiour to annex this as a Penalty Sovereign Princes are not liable to the Sentence of Excommunication Id. 318. in the same manner with Christian Subjects A Sovereign is capable of losing and forfeiting his relation to the Society of the Christian Church as well as other persons because as Mr. Thorndike Rt. of the Ch.