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.
which shall be necessary to preserve the Unity of the Church it must needs be necessary for those that are trusted with the Power of the Church not only to Disobey the Commands of the Sovereign but to use that Power which their Quality in the Society of the Church gives them to provide for the Subsistance thereof without the Assistance of Secular Powers A thing manifestly suppos'd by all the Bishops of the Ancient Church in all those actions wherein they refus'd to obey their Emperours seduc'd by Hereticks and to suffer their Churches to be regulated by them to the prejudice of Christianity Particularly in that memorable refusal of Athanasius of Alexandria and Alexander of Constantinople to admit the Heretick Arius to Communion at the instant command of Constantine the Great Which most Christian action whosoever justifies not besides the appearance of favour to such an Heresy he will lay the Church open to the same ruin whensoever the Sovereign power is seduc'd by the like And such a difference falling out so that to particular persons it cannot be clear who is in the Right it will be requisit for Christians in a doubtful Case at their utmost perils to adhere to the Guides of the Church against their Lawful Sovereign tho to â—o other Effect than to suffer for the exercise of Christianity and the maintenance of the Society of the Church in Unity If it be here objected that this seems to strike at the Kings Ob. Supremacy c. It may be answer'd that Min. Tho Kings and Princes are not properly Officers and Governors An. A plain and fam Disc conc the Cath. Ch. p. 6. a distinct Church as a Church it being not a Civil or Secular but of Christ's Spiritual Society yet to them is to be given the external management of this Society a power to settle its outward Policy and to be the Moderators and Governors of it Upon this account the Great Constantine stil'd himself a Civil Bishop as being chiefly concern'd in the guidance and direction of the outward affairs of the Church The Bishops and Pastors of the Church have their Ordination and decree their Commission from an higher Power even Christ but they Act and Exercise it under the Protection of the Supream Magistrate Our Writers divide Ecclesiastical Jurisdiction into Internal the Reflect on Hist pt of Ch. Gov. pt 5. p. 21. inward Government which is in the Court of Conscience or External that which is practis'd in Exteriour Courts That proceeds by Spiritual Censures This by force and Corporal punishments That is appropriated to the Clergy and incommunicable to the Secular power This is Originally inherent in the Civil Supream and from him deriv'd to Ecclesiastical Governors Ecclesiastical Jurisdiction when said to be annex'd to the Crown ought to be understood in the latter sense We of this Church depend upon the King and Parliament for Ans to several Capt. Queries p. 26. Id. p. 32. the Legal Establishment of our Religion but not for the Truth of it the former is changeable because men are so but the latter is not so because God changeth not To destroy the Legal Establishment of a Religion is one thing and to destroy the Religion is another for all the Sacredness that humane Law can give to a Religion is a Legal Sacredness and no more or if you please a Legal Establishment The Church of England thinks no Acts which are Purely Spiritual Reflect on the Hist pt of Ch. Gov. p. 18. want the Kings Concurrence her Sacraments and her Censures she esteems valid Independently on all humane Authority Her Charter she derives immediately from Christ c. The King is our Supreme Governor under God but we know Answ to several Capt. Qu. p. 37. Mason of no Supreme Governor that is to be obey'd absolutely without any limitation whatsoever but God himself The Kings supremacy in Ecclesiastical matters doth not imply the power of the Keys which the King has not By the Supremacy we do not attribute to the King the power Andrews of the Keys or Ecclesiastical Censures We never gave our Kings the power of the Keys or any part Bramhal of either the Key of Order or the Key of Jurisdiction purely Spiritual Tho the Church is not endow'd with any Coactive Power by Thorndike Rt. of the Ch. p. 4. Divine Right yet by Divine Right and by Patent from God it is endow'd with a power of holding Assemblies for the Common service of God before any Grant of the Powers of the World and against any Interdict of them if so it fall out The State is indow'd with no Ecclesiastical Right tho it hath Id. p. 41. great Right in Ecclesiastical Matters As no State stands by the Gospel so no Right settled by the Id. p. 42. Gospel can belong to any State or Person as a Member of any State The Church subsisted 300 years before any State profess'd Id. p. 43. Christianity whatsoever Rights it used during that time manifestly it ought therefore still to use and enjoy The whole Right of Secular Powers in Ecclesiastical Matters is Id. 168. Vid. Letter about Regulating the Press p. 12 20 22 24 29. Reflections on Hist pt of Ch. Gov. p. 24. not Destructive but Cumulative that is That it is not able to defeat or Abolish any part of that Power which by the Constitution of the Church is settl'd upon Ecclesiastical Persons but stands oblig'd to the Maintenance and Protection of it The Power by which the King Visits and Reforms is not Spiritual but Political That a Power is not given him to Declare Errors but to Repress them That the Determination of Heresie is by Act of Parliament limited to the Authority of Scriptures four first General Councils and Assent of the Clergy iâ— Convocation That the King hath not all the Power given him which by any manner of Spiritual Authority may be Lawfully exercised for he has not the Power of the Keys but a Power given him to reform all Heresies by Civil Authority which the Church can do by her Spiritual That it is impossible it should be prov'd that this Power of visiting and Reforming is a necessary Invasion of the Office of Spiritual Pastors because when the Prince doth it by them Commanding them to do the work and exacting of them a discharge of their Duty he doth this without Usurping their Office and yet doth it by a Power distinct from and Independent on their's And Lastly that the See Letter about Regulating the Press p. 12. Prince is oblig'd to take care that all Acts of Reforming be Executed by their Proper Ministers because else he transgresses the Power prescrib'd in this Statute 25. Hen. 8. So to reform Errors as may be most to the pleasure of Almighty God The Clergy did indeed in Hen. 8 time bind themselves not Id. p. 18. to Promulge and Execute any Canons without the Kings leave but
Ch. 4. p. 236. observes he as well as others comes into the Communion of the Church upon the terms and conditions of Christianity and a failure in the condition must make the effect void The effect of Excommunication is such that it sometimes prohibits Converse among private persons except in such Relations as do not depend upon the Society of the Church and therefore remain intire notwithstanding the Separation from that Society as of Parents and Children Husband and Wife Master and Servant And upon this Account no Subject can by virtue of Excommunication be prohibited Converse with and discharge of all Duty and Respect to his Sovereign because this is that which he owes him by the bond of Allegiance and the Laws of Nature Humane Society and Civil Polity As for the Objection That Excommunicate Persons are not to be Thornd Rt. of the Church p. 238. Vid. Cath. Bal. 110. 111. and p. 20. convers'd with by St. Paul's Rule it is answer'd by all Divines That it ceaseth in such Relations for example of Parents and Children as more Ancient than the Society of the Church which it therefore presupposeth and so is to cease in things necessary to Civil Society which Christianity as it presupposeth so it enforceth and not overthroweth The Church of England always Declar'd against absolutely Condemn'd Oath of Alleg. and utterly Detested Abhorr'd and Abjur'd that Damnable Doctrine and Position as Impious and HERETICAL That Princes who are Excommunicated by the Pope or any other Bishop may be Deposed or Murdered by their Subjects or any other whatsoever Not only those Assertions which directly contradict the Articles Falkner Christ Loyal p. 326. of our Creed but those also which Oppose the Necessary Rules and Precepts of a Holy life which are a Considerable part of the Christian Faith and Doctrine have generally been esteem'd HERETICAL Doctrines in the Church of God In the Council of Constance That Assertion That an ill Governing Id. p. 329. Prince may Lawfully or Meritoriously be kill'd by his Subject or Vassal was condemn'd as erroneous in Faith and Manners and rejected as HERETICAL Those who in Communion with the Church of England embrace Id. p. 322. that True Christian Doctrine which was taught in the Primitive and Apostolical Church are as far from being concern'd in the crime and guilt of Heresy as Loyal Subjects are from being Chargeable with Rebellion Among all the HERESIES this Age has spawn'd there is not Pref. to Vind. Ch. and State of Scot. one more contrary to the whole design of Religion and more destructive of Mankind than that Bloody Opinion of Defending Religion by Arms and forcible Resistance upon the Colour of preserving Religion The Wisdom of this Policy is Earthly Sensual and Devilish Savouring of a Carnal Vnmortifi'd and Vnpatient Mind that cannot bear the Cross nor Trust the Providence of GOD. Have we some that deny the Kings Supremacy and hold it lawful Long 's Char. of Sep. p. 36. to Depose and Murder Kings We owe these Tenets and Practices to the Church of Rome A Protestant Rebel said the Blessed Martyr K. Ch. 1st in the same degree of Rebellion with a Papist hath far more to answer as having more light and it being more expressly against the Religion he professeth whereof it hath hitherto been a Maxim tho it be now taken for Apocryphal Doctrin not to take up Arms against their Prince upon any Pretence whatsoever Our Law-givers piously declare That By the Murder of our Letter about Regul Press p. 45. late Dread Sovereign the Protestant Religion hath receiv'd the greatest Wound and Reproach and the People of England the most insupportable shame that was possible for the Enemies of God and the King to bring upon us 12. Car. 2. c. 30. I do humbly offer to your Lordships deliberate thoughts these Tillotson's Letter to my Ld. Russel in Newgate July 20. 1683. following Considerations concerning the Points of Resistance First that the Christian Religion doth plainly forbid the Resistance of Authority 2ly That tho our Religion be Establisht by Law which your Lordship urges as a difference between our Case and that of the Primitive Christians yet in the same Law which establisheth our Religion it is declar'd That it is not Lawful upon any pretence whatsoever to take up Arms c. Besides that there is a particular Law declaring the Power of the Militia to be solely in the King And that ties the hands of Subjects tho the Law of Nature and the general Rules of Scripture had left us at liberty which I believe they do not because the Government and Peace of Human Society could not well subsist upon these Terms 3ly Your Lordships opinion is contrary to the Declar'd Doctrine of all Protestant Churches and tho some particular Persons have taught otherwise yet they have been contradicted herein and condemn'd for it by the Generality of Protestants and I beg your Lordship to consider how it will agree with an avow'd asserting of the Protestant Religion to go contrary to the General Doctrine of Protestants c. It is so notorious that it needs not proof that our rigid Dr. Pellings Good old way p. 115. Buchanan Gilby Goodman Sectaries have held it Lawful not only not to Obey wicked Kings whom they call wicked but also to resist them to take Arms against them to have no further regard to them than if they were the most simple subjects within their Realms to Excommunicate them to Depose them to Vn-king them to take their Crowns and Thrones from them and to Banish or Imprison them For according to Buchanan De jure Regni and his whole Tribe the Band being broken between the People and the King he loseth all his Power and Authority which he had by Compact from the people This is Jesuitism with a witness or else we have been Vnjust in Charging this Doctrine upon the Jesuits That the Authority of Supreme Lawful Magistrates is Divine Id. Serm. 30. Jan. 78. p. 13 14. is and ever hath been the plain and honest Doctrine of the Church of England And I should have wonder'd how any wise man should not see it in the Homily against Rebellion but that I do consider that that Homily is a Looking-glass wherein those who have been Traytors cannot but see their own guilt and Deformity and therefore do not care to look at all into it He that lifts up his hand against the Lord 's Anointed strikes Id. p. 9. at the Face of God himself Our Church doth not only teach Non-Resistance as her own Vind. Ans to the Kgs. papers p. 89. Doctrine but which is more effectual as the Doctrine of Christ and his Apostles and of the Primitive Church If there can be no clear way of reconciling the Terrour menac'd by St. Greg. Nazianzen's Father Bp. of Nazianzum against Julian's Captain of Archers sent to rob and overthrow the Church of Nazianzum