Of Christian Communion, Part 2 – Part 3

Of Christian Communion · Part 2 – Part 3

p. 1PART. II. Of Deprivations by Civil States, or Ecclesiastical Synods.

Chap. 1. Of the Force of State Deprivations in the foresaid Cases.

HItherto I have endeavoured to mark out the cases, wherein the Bishops, and Pastors of Christs Church are bound to exercise their Ministerial Powers, and to proceed on duly in their Administrations. And to set forth the great and manifold Obligations, which are incumbent on them in those Cases,

And having thus laid out their Obligations, I shall next consider the Restraints, which at such times are most pleadable in these cases, by shewing,

2. Secondly, of what force a deprivation of state, or the Preservation of External Communion and Peace in the Church, ought to be in D…barring them thereof.

1. First, One great thing, that may be alledged, to silence Faithful Bishops and Ministers of Gods pure worship and Righteousness, and to stop the course of their Ministrations in the foresaid Cases, is a Deprivation of state, when the secular Power, by its Laws and interdicts, forbids those Ministrations, and removes them from their Sees, putting others into their places.

For Bishops and Pastors, as they are Ministers of Christ, so are they also Subjects of the state: And therefore, as some think, ought not to exercise their Ministry, at least not among their Subjects, nor in any Diocess of their Dominions, in opposition to it. And in Christian Kingdoms, the Church is incorporated into the state. And by the Benefit of this incorporation, Bishops and Pastors have their spiritual Ministrations back'd with secular Effects and Censures, as Excommunication among us, makes lyable to Temporal imprisonment, and incapacitates from carrying on any civil suit, or Action in the civil courts. They have also their jurisdiction extended thereby, to some secular matters; as the Bishops courts are to matters of Wills, Marriages, Benefices, &c. And are encouraged therein, by Secular Benefices, Honours, and Freeholds. Now all these secular Fortifications, jurisdictions, and encouragements in their Ministrations, conferr'd on the Bishops and Pastors p. 2of an incorporate Church, are the gifts of the state, and are secular additions, to what Spiritual Powers they received from Jesus Christ. And what the state gives, the state, when it sees cause, may deprive them of. So that incorporate Ministrations, or Administring these Spiritual Powers in the mixt and fortifyed way of an incorporate Church, may seem, as some will argue, more subject to the state, to take out of some, and to put into other hands.

Especially considering, that in grateful return and commutation for the benefit of incorporation, or for being made free of the state, and having the secular accessions; the Church, by Compromise, has parted with some of its priviledges to the Civil Power. Thus, since the incorporation, has it, in compliance, given up to the state, the Nomination of Bishops and Metropolitanes, belonging anciently to the other Bishops of the Province, or to the Clergy and People of the Church. And that Rules agreed on in Synods, shall be no Canons, till they be approved and ratified by the Prince: And that there shall be no Admission, or Refusal of Clerks to Cures, or use of Discipline, but in consistence with, and under Regulation of the Kings P…erogative, and the Laws of the Land; and the like. And by these Cessions, they may seem, as some think, to have Cut off all Power of Contesting the States Nomination or Advancement to Churches, or its Deprivation and Removal from them; as having, by their account given up these Priviledges, in way of bargain and exchange, to keep on the benefits and State enjoyments of an incorporate Church.

But as to this Regard, which they ought to have to State deprivations in bar of the foresaid Ministrations, I observe.

1. First, that this Regard is to be press'd, only under a supposed Legal and Rightful State. For 'tis to their Rightful Prince, that, as good and faithful subjects, they owe all their Obedience, which is call'd for in these cases. What Regard they are to pay as subjects, must be to his Deprivation. But not if they are deprived by an Usurper set up against him, who really has no Regal Authority over them, but only pretends to it, and assumes a Power which is none of his own. Especially, if he should deprive them, for their Adherence to their Lawful King: As if Athaliah had deprived Jehojadah, for adhereing to Joash his true Soveraign; or as the Re…ellious Parliament did depose, not only the Bishops and Episcopal Clergy, those Faithful Adherers to the Crown, but Episcopacy it self in King Charles the First's time. For then, as there is no real Authority, to bind on; so neither would there be any Equity, or Colour of Law, to back such a deprivation, or to oblige the sufferers to acquiesce therein. The Law, which still supports the Right of the Lawful King against his Usurpation, must needs support the Rights of all his Adherents against the same: And as still he would be the Legal King; p. 3so would they, not only be the real, but, in Eye of Law, the Legal pastors, not withstanding his Forcible Removal of them. And therefore there is no room for this regard to a deprivation of State, on the Plea of a King de Facto, or on supposal of unrighteous usurpation. The Legal Right, asserted still by the Publick Acts on such Revolutions, will give it place to go as far as it can. But as for all those, who give up the Legal Right, 'tis not for any of them, (and 'tis well known how considerable a part they make among the writers, as well as among the practicers in this point,) to urge the Authority of a deprivation of State in this question.

2. Secondly, a Deprivation of a Lawful state, if supposed to pass on Bishops and Ministers, would be no conscionable discharge from keepeng on their spiritual Ministrations, against such immoralities as are set down in the aforesaid cases. For Jesus Christ, who gave them their Ministerial Powers, requires them, as his Ministers and as Pastors of his Church, to exercise them for him, and for the Souls of Men, as I have shewn, when those Cases happen. And if the State forbids what he commands, they are to hear or obey no state, or Power on earth, against him. But must answer, as the Apostles did to the Jewish Rulers in this Case; whether it be lawful in the sight of God, to hearken unto you more than unto God, judge ye. Act. 4. 18. 19. 20. And thus it must needs be, in men who are call'd to be his Ministers, under persecuting States; and to be Ministers of a Religion, which is a Doctrine of the Cross, and bids them expect and prepare to bear Crosses under oppressive powers; as is plainly the Case of Gospel-Ministers. For if they must be his Ministers, and administer this Religion in persecutions, they must hold on Ministring, when the state where they live breaks with them, and both most strictly forbids, and most cruelly persecutes them for so doing. And thus the First Ministers did, who were to plant Christianity, against all the Edicts and Oppositions, of the Heathen, or Jewish Magistrates. And so did all the Faithful Bishops and pastors thereof, who, in all the succeeding persecutions of the Church, stuck firm to their Ministrations, against all the inhibitions and oppressive force of secular Rulers; or else, our holy Religion had perish'd long since, and had never descended pure and perfect as it is, to our days. And so must all others do, in any present, or succeeding Tryals, (which, as they always have done, so always will seek to suppress Christs worship and Truth, by suppressing the pastoral administrations thereof,) that, by their Ministry, it may not fail in the Church, but be held on the same, and continued down to the worlds end.

But this I say, as to their pure spirtual Powers, and Ministrations, which they neither did, nor could receive from the Civil State, on which he never conferr'd it, but which they hold independantly of Christ Jesus. That is, what spiritual powers they have received from Christ, by imposition p. 4of Hands continued down from the Apostles: for the feeding and governing of his Church, by Administration of the Word, of Prayers, and Sacraments, by leting into the Church, and excluding out of it; and for providing a constant succession of the same Ministrations, by Empowering or Ordaining others: These mere spiritual powers, they must exercise as his Ministers, without regard to any deprivation, or inhibition of Worldly Princes. For Earthly Kings, cannot deprive them of these mere spiritual powers, because they have them not from them, but Minister therein, not by theirs, but by Christs Commission. If Secular Princes gave them their Commissions to exercise their spiritual Authorities, they might recall them: If they were the fountain of these powers, and could make or ordain Bishops, they might have more plea to unmake and deprive them. But not originally proceeding from them, but from Christ himself, by a way of his own prescribing, in a succession of Apostolical imposition of Hands, through all Ages of the Church: They cannot be reversed, by their deprivation. Nor are the Bishops and Pastors, to be debarr'd the exercise thereof in any Case where Christ requires it, at their inhibition; because they are Christs Servants more than theirs, and must obey God rather than man. But

3. Thirdly, as for any Temporal accessions and enforcements of these mere spiritual Ministrations, which the Church receives when once it is shone upon by earthly powers, and made incorporate or free of the State: These Accessions are borrowed Powers, and the Gift of Princes; and under the deposition of a Lawful state, the Bishops and Ministers of Christ must not challenge or pretend to them.

As to these I observe,

1. That the civil state hath Power over these Temporal Accessions & secular endowments, because it confer'd them. When Kings and Queens turn Christians, they come not in only as members, to partake in these mere spiritual Ministrations; but as Patrons, by their secular power, to back and Promote them. They must shew themselves Nursing-Fathers, and Nursing-Mothers, as was foretold **Isa. 49. 23.Isa 49:23by the Prophet: and serve the Lord as Kings, that is ††In hoc Reges, sicut iis divinitus praecipitur, Deo serviunt in quantum Reges sunt, si in suo Regno bona jubeant, mala Probibeant, non solum quae p…rtinent ad humanam Societatem, verum etiam ad divinam Religionem. Aug. contra Crescon. l. 3. c. 5.by employing their Kingly Power to encourage and advance his service, ‖‖In hoc ergo serviunt Domino Reges in quantum sunt Reges, cum ea faciunt ad serviendum illi, quae non possunt facere nisi Reges. Id. Ep. 50. Ad Benifacium virum militarem.doing him those services, which none can do but themselves, as St. Austin tells them.

Thus, to give encouragement and leisure for the Ministers to attend on these Ministrations without distraction, the civil State endows them with p. 5benefices, or worldly freeholds, Honors, and priviledges. It also allots them publick and Authorized places, for these Ministrations; and makes Civil Laws, requiring people duly to resort to them, and punishing all disturbers of them, and such as carry themselves indecently thereat. It likewise adds a secular jurisdiction, to the spiritual, extending the spiritual jurisdiction, to the Cognizance of Wills, Marriages, Benefices, &c. which are Civil matters; and backing it by Temporal Accessions in the spiritual parts thereof, making a mixture and Concurrence of Religious and civil powers, in the spiritual Courts. For thus, the Ru…ricks, it passes into Laws; and the Canons also, which are the Rules of exercising that jurisdiction, it binds on the Subjects with the Kings Approbation, and Ratification, or with a Civil strengthing. And the Spiritual censures or judgements according to these Rules, it backs with civil penalties, as imprisonment; or with putting men under civil incapacities, as to plead in an Action at Law, or the like.

Now all these Temporal Helps and Accessions, come not to the Bishops and Ministers immediately from Christ, or as they are Ministers of Religion. For **Joh. 18. 36.John 18:36His Kingdom, is not of this world: Nor was he, whilst on earth, any judge in civil matters; Nor doth he confer any such worldly powers, or grant any such commissions. But all these secular benefices and fortifications, in all the parts of the spiritual Ministry, are the gifts of Princes. They flow from their favour to the Church, or from their taking upon them to be its Temporal Patrons, or it's Nursing Fathers and Nursing Mothers. And as the Bishops and Ministers of Christ, hold them only by their commission: So may they lose them by their recalling it. So that although the state has no power, either to give, or to deprive the Ministers of Christ, of their mere spiritual powers: Yet has it a direct Authority, to grant or deprive them, of these Temporal Additionals,

And therefore the Bishops and Ministers of Christ in an incorporate Church, when they are deprived by their Rightful Prince, or by a Legal State, must exercise their mere spiritual powers in the foresaid Cases, without any of these civil effects or mixtures. That is, they can only Administer the Word, and prayers, and Sacraments, and let in members by baptism, and on just cause cast them out by excommunication, and ordain others that shall hold on from time to time to do the same. But in discharge of these mere spiritual powers, they cannot claim the establish'd places, wherein to assemble for these Ministrations; nor any enforcement of Civil Laws, to make men duly frequent them, and to hinder all from disturbing them, or from demeaning themselves disorderly or irreverently at them. Nor can they claim any secular benefices, p. 6for maintenance of those who Minister therein; nor to have any Cognizance, of Wills, Tyths, or other Temporal matters; nor to have their Canons, made Regal injunctions; or their Rubricks, made Parliamentary Laws; and the breakers thereof punishable by Civil Magistrates, in their estates, or Persons; nor their spiritual censures, to bring men under civil incapacities, or make them lyable to civil punishments, or the like. The state, that gave these Civil Accessions to the Bishops and Pastors, in their incorporation; has call'd them back and taken them away, in their deprivation. So that now, to stick to Christ, they must quit the benefits of incorporation, and the Favor of Princes. And, as men left to their naked spiritual powers, which no rightful state can deprive them of; be content to exercise their spiritual Ministrations in the foresaid cases, not as in an endowed and secularly protected, but as in a persecuted, or secularly destitute Church.

And as the state has power, over all these secular endowments of the spiritual ministration, because it conferr'd them: So has it,

2. Over some other Powers, which belong'd to the Church, whilst it kept separate, but which it gives up to the Civil State during the benefit of incorporation with it. For some powers the Church may have no necessity to insist on, either for the sake of Religion, or of the Souls of Men. And such powers, for the greater benefit of incorporation, it may be free to part with.

Thus, provided the substance of Religion were secured, and kept up among men, in all necessary points of Worship and Doctrine; and the main of discipline were taken care for by Canons already allowed, as it **Provided, That such Canons, Constitutions, Ordinances, and Synods Provincial, being already made, which be not contrariant nor repugnant to the Laws, Statutes and Customs of this Realm, nor to the Dammage or Hurt of the Kings Prerogative Royal, shall now still be used and executed, as they were afore the making of this Act, till such time as they be view'd, search'd, or otherwise order'd or determined, &c according to the Tener and effect of this present Act. Statute of submission of the Clergy, 25. H. S. c. 19. 7.was on the submission of our Church and Clergy made under King Henry the eighth: the Church might be free, by Compromise, to agree, that it would exercise no Canons already made, but such as were consistent with the Kings Prerogative, and the Laws of the Land: And that, in Case of any others, a stop should be put to the proceedings of the spiritual courts, by secular Prohibitions. And that the Bishops and Clergy, should not meet to make more, or Assemble in Synod or Convocation, but when summon'd thither by the Kings writ: Nor any of their agreements should be given out for Canons, or Orders, but what he allow'd to pass under his Ratification: And that after they were passed, in things Dispensable, on just cause in any particular case, he should have the chief power to Grant a Dispensation. That all Bishops coming in to Govern this Church, according to the foresaid p. 7Rules and Prescriptions, should be of his Nomination. And that the Advancement of all Ministers, to beneficed and civilly fortifyed Cures and Administrations, should be according to the Rights of Patronage establish'd by the Laws; and such like.

These, and such like powers, are naturally resident in the Church it self in a separate state, or when it stands-upon its own bottom, and is not incorporated. For, as a society, it must have power in it self, to make needful and wholesome Rules of Government, from time to time; and to have its Bishops and Ministers meet together, as they can, that they may make them; and to appoint persons, who shall be entrusted with the Administration thereof. And accordingly, whilst the Church was kept separate from the State, and persecuted by it, these powers were exercised by the Church, and by its Bishops and Pastors, under all the Heathen Persecutions. During which, the Clergy under their Bishops, and the Bishops under their Metropolitanes, were convened and met in Synods, and made Canons, and decided Controversies, and sentenced Criminals, and fill'd up vacancies in Presbyteries, or Bishopricks, having a New Bishop elected by the Metropolitane and Bishops of the Province, or sometimes by the Clergy and People of the Diocess; and the like.

Indeed, as good subjects of the state, they are bound to keep all innocent state Laws; and cannot, by any devised Canons of their own, cast off their Obligation, or forbid themselves, or the Church, to pay a due civil obedience by observance thereof. So that they have no power in any condition, of making any Church Canons, which require subjects to act against innocent state constitutions. Nor may they Lawfully refuse, when the state calls them, to meet together in Synods, or otherwise: but, as Good Subjects, are obliged to pay a ready obedience, and to appear upon its summons. These, are only proper expressions of civil subjection, from which the Church can in no state or condition plead exemption. But, tho' they may not disobey the state summons; yet, when it meddles not therewith, in a separate condition, they have power to assemble themselves, as they can, and as need requires, taking care to do it in such ways, as will make it least jealous of them. And when Assembled, tho' they can make, or inforce no Canons, to defeat any innocent civil constitutions; they have power in such separate state, to make others which are consistent with them, and to exercise the other now mention'd powers, as I say the Church did in the primitive persecutions.

But when it became incorporate, and was obliged by the favors and priviledges of the state, the Church, by agreements, partly express, and partly by Tacit and practical, carryed in prescription, and the practice p. 8of times, gave up these and such like powers, residing otherwise in it self, to the Civil Magistrates, who were thus obligingly become its Patrons and Nursing Fathers. **foreign. Soc. Hist. Eccl. Proaem. ad lib. 5. pag. 259.Since the Emperors became Christians, the Affairs of the Church have Depended upon them, and the greatest Councils have been held, and still are held at their pleasure, was the observation of Socrates in the Preface to his Fifth Book of the History of the Church.

These, it parted with to the civil power, for its Greater Honor. And also to secure it, of its Good Behaviour; being tyed thereby to a compliance in things, which it was not bound to insist on, for the sake of Religion and of a Good Conscience; and to prevent all jarring and interfereing with that power, in whose Favor and Society it found so great benefit; seeking herein, to keep up that Beneficial kindness and Correspondence, which is between them. And these it gave up to it, by Degrees; and more in some places, and less in others: Being put upon parting with less at first, and with more afterwards; especially after the Papal Usurpations in the Western Church, grew so very troublesome and prejudicial to Princes and their Kingdoms, in point of investitures, Appeals, &c. Which made them more sensible of the advantage, of having these powers quietly and uncontestedly lodged in their own Hands.

These it might safely part withall, during the incorporation, as retaining still, what it could not part with, viz: a Power of standing by all Necessary Points of worship and Doctrine, and of doing what is necessary for the Souls of Men; and as being also fitted all the time in the main, with what is needful in Point of Discipline. And its parting with them, was in way of Compromise and Bargain, as a grateful Return, for the benefits and priviledges of its Enfranchisement and Incorporation; or on consideration of its enjoying a Freedom, not only of exercising spiritual ministrations; but of exercising them in the way of an incorporate Church, viz. in holding Benefices, and in being back'd therein by secular Jurisdiction, Laws, and Priviledges.

And whilst these benefits of Incorporation are held on in favour of the Truth, the cession of the Church in these Points is to be held on too, and not to be resumed back again. Protected and incorporate Bishops and Pastors, must be content to claim Episcopal and Pastoral powers, under the recessions and limitations of an incorporate Church. Thus our p. 9‖‖Art. 37.Articles, and ††Can. 1 and Q. Elizab. injunctions, and Oath of Supremacy.Canons, receive and assert the Ecclesiastical Supremacy of our Kings, which contains the foresaid Church-Recessions. And denounce Excommunication ipso Facto to those, that **Can. 2.Deny any part of our King's Legal Supremacy in Ecclesiastical Causes, or his having the same Authority therein, as the Godly Kings had among the Jews, or Christian Emperors had in the Primitive Church. And accordingly, in our Form of Ordaining Bishops, they profess to think themselves call'd to this Ministration, according to the Will of Jesus Christ, and the Order of this Realm: and promise to censure and punish the unquiet and disobedient within their Diocesses, according to such Authority, as they have by God's Word, and as to them shall be committed by the Ordinance of this Realm.

But now all this giving up these, or the like powers, to the State, for the sake of this Incorporation, and in way of bargain and compromise; or other abridgement of its own ministrations; is,

1. With a Salvo to the Interests of Religion, and of the Souls of Men. They cannot give away any thing, to make themselves wanting in any necessary service unto them; nor part with their powers of ministring to Souls, to build and nurse them up in pure Worship, Doctrin, and Practice. These Powers, are a Sacred Depositum; which if they imbezzle, or yield up in complyance, they are false to God, and to mens Souls, and thereby betray both them, and their own Holy F…ction. And their Acts also are nullities, wherein they offer or promise to do the same. For they are Acts against an antecedent Obligation, which are wicked in the making, as Herods Oath **Mar. 6. 22, 23, 26.Mark 6:22Mark 6:23Mark 6:26was to gratifie Herodias in the Baptists Death; and the ‖‖Act. 23. 12, 13. 14.Acts 23:12Acts 23:13Acts 23:14Jews Conspiracy and Oath to kill St. Paul. But they are null as to the Obligation of performance, as is agreed in the case of all contracts and promises to do unlawful things, or things evil or forbidden in themselves.

They can neither discharge themselves, I say, nor receive any discharge from Princes, of exercising these Powers, where Christ requires they should exercise them for the Service of Religion & of Souls, as I have shewn he doth in the fore mentioned cases. In Stewards, it is required that they be found faithful, in dispensing out these Ministrations as he orders, not in suppressing them contrary to Order, 1 Cor. 4 2. Necessity is laid upon me, and woe be to me, is here the Scripture denunciation, if they preach not the Gospel, or fail trustily to discharge that Ministry they have undertaken, 1 Cor. 9. 16. No earthly Powers, by confering on them the benefits of Incorporation, get any Authority over Christs Ministers, to discharge them of Ministring to their Master in these matters. For this would be, to give the civil power, which ought to keep under Christ, a power over him. It would turn them, from Nursing Fathers, who, by giving it a civil enfranchisement, undertake to protect the true Religion; into devouring Wolves, who seek to make a prey of it. It is expresly declared against by the Apostles, who appeal to the p. 10common sense of mankind, Whether they are not bound to obey God, rather than men, Act. 4. 19. 20. And would leave no ministrations of true Gospel Worship and Doctrin, under any Christian state, which should fall from any necessary parts thereof, and begin to persecute them: as the Arian Emperors did, in the Persecutions they rais'd against the Orthodox; and as Popish Princes did, in like violences used by them at any time, against our Protestant Brethren or Ancestors. Than which, nothing can be worse calculated for any Church of God, but especially for the Christian Church, which is to continue a Church in persecution, and to bear up Christian Worship and Doctrin, by due ministrations of both, when any powers of this World fall, from protecting, most violently to bear them down.

And this in all times has been the Opinion and Practice of God's faithful Ministers, when the State, which, by Incorporation, should have back'd and strengthned them therein, fell to discharge and bar them of their ministrations in these cases.

Thus God's Faithful Prophets and Ministers did in the Jewish Church, who approved themselves glorious Confessors and Martyrs, in administring God's Word and true Worship, when the State fell to break in upon them, and, instead of backing and protecting them in those ministrations, according to the purport of incorporation, fell violently to discharge and drive them from officiating any longer therein.

Thus likewise Athanasius Bishop of Alexandria, Paulus of Constantinople, and other Bishops did, in the Arian Persecution. The civil State had then received the Church into it self, & endowed it with civil Edicts and enfranchisements. And the deprivation and ejection of these Bishops out of their Churches, particularly of the Great Athanasius, was with State-Concurrence, and for State-Causes or Pretences. Among other Articles, Athanasius was charged with ††Theod. l. 1. c. 28. & Soz. l. 3 c. 25.Contumacy against the Emperour, in refusing to appear upon his Edict at the Synod of Caesarea. And with a **Soc. l. 1. c. 35.Treasonable Design, to stop the yearly Transport of Corn from Alexandria to Constantinople, on which suggestion, he was banish'd to Tryers by Constantine. Not to mention the ‖‖Soz. l. 2. c. 22.Accusation of his having impos'd on the Aegyptians, a Tribute of Linnen Cloath; and ††Ibid.having conspired with one Philumenus against the Emperour; and ‖‖Athan. Apol. ad Constan. p. 677. & 681. Ed. Col. 686having Treasonably corresponded with the Traytor Magnentius, and **Athan. ib. p. 682. … Athan. ad Solit. p. 811. 815. 843. & Apol. ad Const. p. 695. Ed. Col.usurped the Imperial Prerogative, by holding the Festival Dedication of the great Church of Alexandria without the Emperours Warrant, and the like. And his Deposition, and Gregories and Georges Advancement to his See by Synods, were seconded by Acts of State: having the Approbation and Justification of the Emperors, and the Assistance of Prefects, as well as the ‖ Imperial Letters, violently forcing p. 11one out of the Episcopal Throne, and giving the other Possession thereof, and barbarously enforcing submission and adherence to them from the Clergy and People, as was done by **Athan. ad Solit. p. 815, 816, 817.Philagrius, ‖‖Apol. de Fuga, p. 716, 717. ad Constant. p. 689. 690. & Protest. Pop. Alex. ad Calcem Ep. ad Solit. p. 867.Syrianus, and ††Ep. ad Solit. p. 843, &c.Heraclius, to omit others. But these Stateinhibitions and deprivations, coming on him & his Adherents, not for any other Crimes alledged, which were shameless Falshoods, and assumed meerly as pretences, but in reality only for his being a stout Asserter of the Orthodox Faith; he still went on preaching and ministring the same, and for all these State-ejections, was stuck to therein by the faithful Aegyptians, and by the Orthodox in all other places.

And thus also our own Ancestors continued to do, on the States turning upon them, and, under Forfeiture of Incorporation, and all the Penalties of a Bloody Persecution, forbidding them to go on administring the Word and Worship of God, according to the Reformation thereof made by King Edward, in Queen Maries time. For being to administer this Word and Worship, in duty to God, and in care of Souls, they set light by the Benefits of Incorporation and civil Advantages, and paid no regard to State-deprivations or inhibitions; but went on faithfully to administer the same, though at the …eril of their Lives.

I Grant, the desire of keeping on the publick benefits of incorporation, may many times be a Reason for Bishops and Ministers, voluntarily to rest under State-deprivations and inhibitions, when 'tis a Case only of personal rights and priviledges. Such deprivations and inhibitions, often affect persons only and not things, when, on the deprivation of one, the same Ministrations would be kept up by others: As was done in the depositions of High-Priests, so common in later times among the Jews; and of Patriarks, so ordinary at present among the Greeks; and may happen in other places. In all which, there is only a change of persons, but no change in ministrations; the Church being lead on in the same necessary Worship, Doctrine, and Practice, under both. And here, to prevent a breach with the state, and to keep on the way of spiritual ministrations with the benefit of Secular Accessions, the Bishops and Pastors of an incorporate Church, (where it is not like to do the Church more hurt by an utter loss of its liberty in these points, than the incorporation desired will compensate,) may think there is more cause for the Churches sake, to rest under state-deprivations. They may esteem it their parts, to quit their own particular interests, to advance the Churches; and believe that the keeping on the publick benefits of incorporation, will abundantly compensate, for the wrongful encroachment made by such deprivation on a private person. But in Cases, which concern, not only the personal rights and priviledges of Pastors, but the substance of Religion, or the p. 12safety of Souls, and where Christ requires they should exercise their ministrations, as I have shewn he doth in the foresaid Cases: They must not let them fall, in regard to any inhibitions, or deprivations, even of their Lawful Princes. They must here slight all worldly benefit of protection, and be willing, if need require, to undergo a persecution. And go on faithfully in their ministrations, as their bounden duty requires, and as in these Cases, Gods Faithful Ministers have done in all times.

2. Secondly, what is so given up by the Church, for abridgement of its own power in spiritual ministrations, is only whilst it keeps united to the state, and receives protection, not when it is separated from it again, or falls under persecution. Its recessions, as I noted, were on consideration of State benefits, and as a grateful return for them whilst it was suffer'd to enjoy them. They are all upon the score of its union; and so cease when the State breaks off, and turns it up to it self again. For being made separate, it is no longer under any former tyes of incorporation, but acts again with the powers of a separate condition. And thus it is, when, instead of protecting, the State puts any necessary points of Doctrine or Worship, or part of their ministration, under persecution. When it separates its protection, it separates it self. It drives out the Church, when it drives out any of those things, which the Church must stick to at all perils; and when, instead of incorporating, or civilly protecting the ministrations thereof, it falls to incorporate, and to protect the ministration of error and wickedness, in their place. It disfranchises pure Worship and Doctrine, when it enfranchises errors and corruptions contrary to them: And by turning to persecute the necessary ministrations of pure Religion, it breaks it self from them, and thence forward they are no longer one, but become two again.

So that, whatever regard and complyance the Bishops and Ministers of Christ may shew, to such deprivations and inhibitions of the State whereinto they are incorporated, whilst it inhibits no necessary Ministrations to Religion, or to the Souls of Men, but, in discharging all those, they injoy the priviledges and protection thereof: Yet are they not to be discharged thereby, from ministring to the same in all the foresaid, or other like Cases; nor to be debarr'd of any of their spiritual powers, after once the state breaks with them, and, instead of yielding them the benefits of incorporation, puts them under persecution. But then, they must exercise these ministrations, only according to what they have Received from Christ, and from the Canons of the Church, so far as they do not interfere with any innocent State Laws, which restrain them as Good Subjects: Not with any Civil fortifications, and State Accessions.

p. 13CHAP. II. Of the Kings Ecclesiastical Supremacy Received and Asserted by our Church.

ANd all this agrees well with the Ecclesiastical Supremacy own'd by our Church, and claimed by our Princes, **Can. 2. Eccl. Anglic.conformable to what was ascribed to, and claimed by the Godly Kings among the Jews, and the Godly Emperors in the Primitive Church. Whose Ecclesiastical Soveraignty, lyes not in their being invested with, or in their having a Soveraign Disposal of the Powers of Orders. But in retaining their Civil Soveraignty over all persons, whether Laymen, or Ecclesiasticks. And in the subordination of Ecclesiastical courts and causes, which are content to act in subordination, on the score of their secular mixtures, as in beneficiary matters, censures, &c. And, for Cognizance of either, of these, either of persons, or causes, in barring all Foreign Appeals.

1. First, It lyes not, I say, in their being invested with, or having a Soveraign Disposal of the powers of orders. For these, our Kings do not pretend to have in their power, or to be powers subjected and inherent in themselves: But to be proper, and Peculiar, to spiritual persons. Thus, King Henry the eighth, when he asserts his own Regal Supremacy over the Church, leaves all proper spiritual powers and Functions to spiritual persons; and, in the **Sta. 24. H. 8. c. 12. 1.statute for restraint of Appeals, declares the spiritualty sufficient and meet, to declare and determine all such doubts, and to administer all such offices and dutys, as to their Rooms Spiritual doth appertain. And Queen **Vid. Bp. Sparrows Collect. p. 83.Elizabeths injunctions disclaim all challenging of any Authority and Power, of Ministry of Divine Service in the Church, by Vertue of the Supremacy. And the 37th. Article of Religion declares, That thereby we give not our Princes the ministring, either of God's Word, or of the Sacraments. And the ‖‖Stat. 5. El. c. 1. 14.Statute of Queen Elizabeth says, The Oath of Supremacy shall be taken, and expounded, in such form, as is set forth in the Queens. Admonition annexed to her Injunctions. They are the Ministers of God in their Dominions, as **Ro. 13. 4.Rom 13:4St. Paul says: But that is, as Kings, not as Priests. So that, the Kings Supremacy in Ecclesiastical Matters, doth not imply the Power of the Keys, which the King has not, ††De minist. Ang. l. 3. c. 3. p. 271.says Mr. Mason. And **Non vel conciones habendi, vel rei sacrae praeeundi, vel Sacramenta Celebrandi; non vel personas sacras, vel res; non clavium jus, vel censurae. Verbo dicam, nihil ille sibi; nihil nos illi fas putamus attingere, quae ad Sacerdotale Munus spectant, seu Potestatem Ordinis consequuntur. Tortura Torti, p. 380.by the Supremacy, we do not attribute to the King the power of the Keys, or Ecclesiastical p. 14Censures, as Bishop Andrews observes. We never gave our Kings the power of the Keys, or any part of either the Key of Order, or the Key of Jurisdiction, purely spiritual, **Schism guarded, Sect. 1. c. 4. p. op. 311.says Bishop Bramhall.

And this bounding of their Claims and Pretences of Power, is suitable to what we find among those Godly Jewish Kings, and Christian Emperors, to whom our Churches ††Art. 37.Articles and **Can. 2.Canons, about Supremacy, refer.

As to the Jews, it appertaineth not unto thee, O Uzziah! to burn incense unto the Lord, but to the Priests that are consecrated thereto, say the Priests to King Uzziah, when he would assume to himself the Priests Office, for which God miraculously smote him with a Leprosie upon the place, 2 Chron. 26. 16, 18, 19, 20. And the Lord hath chosen you to stand before him, to serve, and minister unto him, and to burn incense, says King Hezekiah to the Levites, 2 Chron. 29. 11.

And the like appears, of the godly Christian Emperors, who were told by their Holy Bishops, and profess'd of themselves, That they were no Priests, and that their power of Empire did not swallow up the Sacerdotal powers. **foreign, Hosii Ep ad Constan. ap. Athanas. Ep. ad Solit. p 840.God hath intrusted the Affairs of the Kingdom, in your hands; but those of the Church, in ours. And, as we may not lawfully take upon us, to act as Kings; so neither have you Authority, O Emperor! to burn incense, or usurp the Priests Office, said the Great Hosius, in his Epistle to the Emperor Constantius. ‖‖foreign, Theod. Hist. Eccl. l. 2, c. 27.Sir 50:2To you it appertains externally to punish; but to us to judge and determine what is Heretical and impious, say Elusius, and Sylvanus, and the other Bishops, to the same Constantius. ††foreign, Ap. Theod. Hist. Eccl. l. 5 c. 18.Sir 50:5The Royal Purple makes men Emperors, but it doth not make them Priests, says St. Ambrose to the Emperor Theodosius.

As Christians, and Godly Emperors, they used their Imperial Power and Soveraignty about Church-Matters. But that was not privative, to deny the Pastors of the Church, or to bereave them of their Power; but Cumulative, to add the Imperial Power, which was of another kind, to the Spiritual, thereby to back their Acts, and to make them bind the faster. Thus, when they sent Count Candidianus to the Great Council of Ephesus, the Emperors Theodosius and Valentinian declare in their **foreign, Concil. Ephesin. Part 1. p. 229. Ed. Bin. Tom. 2. Concil.Letter to the Council, That it was to keep good Order, and to see fair Debates; but p. 15with Orders not to intermeddle in determining Questions of Faith, and Ecclesiastical Matters, which, say they, is lawful only for the Bishops. And when the Emperor Marcian came in person, at the passing the Definitions of the Great Council of Chalcedon, **foreign, &c. Conc. Chalced. Part. 2. Act. 4 p. 345. Tom. 3. Concil. Ed. Bin.Acts 4it was not, as he tells them in his Speech to the Council, to make Demonstration of his own Power therein, but to give greater firmness to what they had done in the Exercise of theirs. Which he doth, by ‖‖Ibid. p. 361.Ratifying the same, by secular Penalties, as by Banishment of Citizens, Disbanding of Souldiers, and Deposition of Clery, and by other Punishments; after the Determinations of the Council had been read, and the Bishops had owned, and subscribed the same, before him. When the Imperial Purple came to confirm a Pastoral Act, it gave a new Authority to that, which had Authority in it self before; or, as Justinian ††foreign, &c Justin. Novel. 42. c. 3.speaks in his Confirmation of the Episcopal Sentence, or Anathemaon Zoaras, which, says he, having a validity from it self, or Authenticalness of its own, the Crown makes yet more valid, or of more Authority, by adding to it a secular Penalty. The Episcopal or Spiritual Authority, is by too many unjustly slighted; and therefore the Secular Authority is both humbly call'd in, and piously comes in to its help, since those irreligious Contemners of the Spiritual Power, will stand more in awe of the Secular. **foreign, Concil. Carthag. Can. 70.Coming in, by their Secular Authority, to help and back the Church in those things, wherein men would otherwise contemn the Authority of the Bishops, as the Fathers express it in the Council of Carthage. So that the Imperial Power, even whilst employ'd about Church-Ministrations, all the time supposes, but doth not swallow up the Pastoral Powers: nor doth its Ecclesiastical Supremacy lye, nor was ever thought so to do, either by our Church, or by those Times whereto it refers, in their being vested with, or having a soveraign Disposal of the Powers of Orders. But,

2. Secondly, it lyes,

1. First, In retaining their civil Power over all Persons, whether Laymen or Ecclesiasticks. The Civil State, was first in Being; and men were Subjects of the State, when Christianity came to be proposed to them, and planted among them. **Non enim Respublica est. in Ecclesia, sed Ecclesia in Republica, id est, in Imperio Romano, Optat. l. 3. p. 64. Ed. Par.The Church is in the Common-wealth, not the Common-wealth in the Church, as Optatus says. And when men became p. 16Members, or Ministers of the Church, they did not thereby cease to be Subjects of the State, or owe ever the less Duty unto it. Let every Soul be subject unto the Higher Power, is meant of Ecclesiasticks, as well as others: It takes in all, **foreign, &c. Chrysost. in loc.tho' an Apostle, tho' an Evangelist, tho' a Prophet, or whosoever else, as St. Chrysostom notes. And therefore Princes may lay their civil Commands, and inflict their civil Punishments, upon Ecclesiasticks, as well as upon their other Subjects. They may put them under Fines, or Imprisonments, or banish them out of their Dominions, or any parts thereof, as **Act. 18. 2.Acts 18:2Claudius did the Jews from Rome, or as ††Rev. 1. 9.Rev 1:9Domitian did St. John into Patmos, where he wrote his Revelations; and as Constantius and Valence did the Orthodox Bishops in the Arian Persecutions. And true Pastors are bound to submit to this, like as other Subjects are, either from Heathen, or Heretical Emperors, and even in hard and unjust Cases, as in the foresaid Instances. And **Alius in eam Patriam, unde extorris factus est, regreditur, ut deprehensus non jam quasi Christianus, sed quasi nocens pereat. Cyp. Ep. …3 p. 29. 30. Ed. Ox.if any under sentence of Banishment, inflicted on certain Persons, not on the whole Cause, return into his own Country without Leave of the civil Power, if being caught, he suffer for it, he dies not as a Christian, but as a Malefactor, says St. Cyprian. So that Bishops and Ministers, are no exempt Persons, but are to own their Kings as their civil Soveraigns, and are as much bound to pay Obedience to their civil Laws, and are under the Cognizance of their civil Courts, as others are.

And this civil Subjection of Ecclesiastical Persons, against the Papal Exemptions thereof, is the main thing in the Ecclesiastical Supremacy claimed by our Kings. In the **Injun. ….Injunctions of Queen Elizabeth, and in the ††Ca…. 1.Canons of King James, this Supremacy is called the highest Power under God, whereto all Men within the same Realms, by God's Law, owe most Loyalty and Obedience, afore and above all other Powers and Potentates in Earth. Her Majesty, say the **In the Admonition.Injunctions again, thereby neither doth, nor ever will challenge any other Authority, than was lately used, and was of antient time due to the Imperial Crown of this Realm; that is, under God to have the soveraignty and rule over all manner of Persons born within her Dominions, of what Estate, either Ecclesiastical or Temporal, soever they be, so as no other Foreign Power, shall, or ought to have any superiority over them. By Supremacy, or chief Government, says the 37th. Article of Religion, we give only that prerogative, which we see to have been always given to all godly Princes in Holy Scriptures by God himself; that is, that they should rule all States and Degrees committed to their Charge by God, whether they be Ecclesiastical or Temporal, and restrain with the civil Sword, the Stubborn and Evil-doers. And the Oath of Supremacy, as King p. 17**King James's Apology for the Oath of Alleg. p. 263.James the First declared, only extended to the Kings Power of Judicature over all Persons, as well Civil as Ecclesiastical; excluding all foreign Powers and Potentates, to be Iudges within his Dominions. All which, plainly make the Ecclesiastical Supremacy, to lye mainly in having Bishops and Ministers, or the Ecclesiastical State, who were broke off from it by the Papal Exemption, under the same common Obligation to the civil Soveraign with other Subjects, or under the Tye of civil Subjection.

In vertue of this civil power over their Persons, as his Subjects, he can command them faithfully to discharge their Duties, and Functions. And that, not only as Subjects, in civil Matters; but as Ministers, in divine Offices. For, as he is the civil Soveraign, the Temporal Magistrate is the Keeper of both Tables, being to keep his Subjects in Godliness, as well as in Honesty, as **1 Tim. 2. 2.1 Tim 2:2St. Paul says. And is to use the civil Sword, for sins against Religion, as well as for sins against the State; and, in his way, to punish Ministers, for Neglect or Abuse of their spiritual Functions, as well as for Breach of the civil Peace. Thus good Kings, as ‖‖2 King. 18. 4.2 Kgs 18:4Hezekiah, and **2 Kin. 23. 4, 5, 6, 7, 8, 11.2 Kgs 23:42 Kgs 23:52 Kgs 23:62 Kgs 23:72 Kgs 23:82 Kgs 23:11Josiah, employed their temporal power, to cut off corrupt administrations, and to reform Abuses of Worship and Religious Offices, in the Jewish Church: As Constantine, and other good Christian Kings and Emperors did afterwards, in other Nations. And the 37th. Article of our Church declares, That by his Supremacy, the King with the civil Sword may restrain the stubborn and evil-doers, whether Laicks or Ecclesiasticks. And on this Account, Constantine **foreign, Ap. The. od. Hist. Eccl. l. 1. c. 20.Sir 50:1calls himself the Minister of God, for the Coercion and Punishment of wicked Bishops. And, at his Entertainment of the Bishops, tells them, ††foreign, Euseb. de vita Constant. l. 4. c. 24.That God has appointed them the Bishops of things within the Church, and him the Bishop of things without it: and that it belongs to him, as Bishop of Bishops, to see they discharge their duties, and be pious. Thus, the Emperors, Theodosius and Valentinian, say, That ‖‖foreign, &c. Concil. Ephes. Part 1. c. 32. p. 225. Tom. 2. Con. Ed. Bin.God, by setting them to reign; had made them the Bond, both of the piety, and of the external welfare and security of those, who are subject to them, the connexion betwixt which two, their study was to preserve inviolable. And **In hoc enim Reges, sicut eis divinitus praecipitur, Deo serviunt in quantum Reges sunt, si in suo Regno bona jubeant, mala prohibeant, non solum quae pertinent ad humanam societatem, verum etiam quae ad divinam Religionem, Aug. contra Crescon. Grammat. l. 3. c. 5. Tom. 7. Ed. Col.in this, Kings, saith St. Austin, according as God commands them, do serve the Lord as they are Kings, when they enjoyn good things, and prohibit evil things in their Kingdoms: And that, not only in Matters pertaining to humane society, but also in Matters pertaining to our Holy Religion.

p. 18And thus, by means of his civil Power over Spiritual Persons, has the King the like Power over Spiritual Acts & Functions, viz. as he can require, and, by the civil Sword, compel them, whom Christ has empowered thereto in his Dominions, to exercise the same. I mean, to exercise them, according to the Rules of God's Word, and of their own Spiritual Function; his Power lying in calling them to do their duties, not to any Neglect or Breach thereof. As we see was observed, not only by the Godly Jewish Kings, but also by the Primitive Emperors, whose civil Laws and Edicts in these Matters, still followed the spiritual Rules and Duties, and were a secular Enforcement, to drive all Ecclesiasticks to keep them, not to Transgress them. **foreign. Justin. Novel. 83.Our Laws, do not disdain to follow the Sacred and Divine Canons; the civil power in these Matters, enforcing that which the Church had first prescribed, says the Emperor Justinian. And accordingly, in the Civil Law for Restraint of Excommunications, we ††foreign, Cod. Justin. l. 1. Tit. 3. L. 30.Titus 3forbid our Bishops, saith he, to Excommunicate any, without a just Cause be shewn for it. We forbid all Bishops and Presbyters, saith another Law, to exclude any from the Communion, before Proof of such a Cause, ‖‖foreign, Justin. Novel. 123. c. 11.for which this is commanded to be done by the Ecclesiastical Canons. So, by his Imperial Power over their Persons, commanding their Ministrations, and limitting them therein to their own Rules.

And thus the King, like as the Jewish Kings, and Primitive Emperors were, is supreme in these spiritual Acts and Administrations, as in his Dominions, they are all to be sped and administer'd, not by independant Forreigners, but by his own Subjects; or, as having the supream earthly Command of Bishops and Priests, who are bound in civil Obedience to him, as their Temporal Soveraign, to exercise them when he requires it. And this way, he can give Final Justice to all his Subjects, in all spiritual, as well as temporal Matters; having Authority to command his Bishops and Clergy, to do it in the one; as well as his Judges and temporal Ministers, to do it in the other. And by this power, of doing it by their Means or Ministrations, is his Supremacy set off. Thus, in the **24. H. 8. c. 12. 1.Statute for the Restraint of Appeals, the King is declared to be the one supream Head, endowed with plenary Power and Authority, to render Final Justice in all Causes; because the spirituality, or his Bishops and Clergy, can administer and determine all that belongs to their spiritual Offices; and the Judges and other his temporal Ministers, can do the like for Tryal of Property, and Conservation of civil Peace. The Kings Supremacy in Ecclesiastical Matters, **Rex …as claves non habet, habentibus tam…n, ut eis recte utantur, pro suo jure imperare p…test, Mas. de Minist. Angl. l. 3. 3. 3. p. 271.doth not imply the power of the Keys, which he has not; p. 19but he may command those who have them, to use them rightly, says Mr. Mason. This Supremacy is preserved, if he take care, that those, who have the power of Ecclesiastical Censures, do exercise them, ††Of the Kings Supremacy in his Answer to Becanus. p. 22. & p. 244.says Dr. Burhil. He has plenary power to render final Justice; that is, to receive the last Appeal of his own Subjects, without any fear of any Review from Rome, or at Rome, for all Matters Ecclesiastical and Temporal; Ecclesiastical, by his Bishops; Temporal, by his Judges, ‖‖Bishop Bramhall's Just Vindication, &c. p. Op. 63. vid. & p. 230.says Bishop Bramhall. So that the Legal Supremacy of our Kings in spiritual Matters, lyes in their power of doing them all, (without any Interposition of Forreign Bishops who are none of their Subjects,) by their own Bishops and Clergy, whom they can command and compel to do their duties therein, as their civil Soveraigns. And this way, the civil Soveraignty doth not drown, or swallow up the spiritual powers of Ecclesiasticks; but supposes them all the while, peculiarly and immediately vested therewith. But only retains its own secular power over their Persons, as well as others; whereby it can oblige them to a due discharge of their sacred powers, according to the Rules of their spiritual Functions, as occasion requires.

It lyes moreover;

2. Secondly, In the Subordination of Ecclesiastical Courts and Causes, wherein Ecclesiasticks are content to act subordinately, on the score of their secular mixtures and jurisdictions, as in Beneficiary Matters, Censures, and other things of that Cognizance. To give more leisure and encouragement to the Ministers of Religion, in attending their spiritual Administrations, the civil State has endowed their spiritual Cures, with temporal Benefices or Preferments. And to beget a greater Regard, and a more general and aweful Observance of Ecclesiastical Determinations, the civil power, as I before observed, is annexed and mingled with the spiritual, in these Causes, and a Concurrence is therein made of Temporal and Ecclesiastical Jurisdictions.

The Matters cognizable there, are not only mere spiritual, but some of them of a temporal Nature. Such are all Causes Testamentary, or about Wills; the Causes of Matrimony and Divorces; and those about Right of Tythes, Oblations, and Obventions; **Stat. 24. H. 8. c. 12. 2.the Knowledge whereof, by the goodness of Princes of this Realm, says the Statute for Restraint of Appeals, and by the Laws and Customs of the same, appertaineth to the spiritual Jurisdiction of this Realm.

And the Canons and Rubricks, which are to rule all Proceedings, are p. 20not only the Prescriptions of Bishops and Priests; but Royal and civil Injunctions. Like as also the Antient Canons were, by the piety of the Primitive Emperors. **foreign, &c. Justin. Novel. 131. c. 1.We decree, that the holy Ecclesiastical Canons, either those passed in the four General Councils, or those confirmed by them, be in place of Laws, says the Emperor Justinian. ‖‖foreign, Cod. Justin. l. 1. tit. 3. L. 45.Our own Laws, will have the Divine Canons, not to be of less force or effect, than Laws,—and what the sacred Canons forbid; that also do our Laws coerce and abolish, says the Code. And as it was in the case of those Antient Canons, under those Emperors; so, in case of ours too under our Kings, the Judgments and Sentences upon them, rest not in mere spiritual, but draw on temporal Effects and Incapacites, which effect the Sufferers in their Persons and Estates, as well as in their spiritual Concerns: As subjecting them to a Writ of Imprisonment, rendring them uncapable to commence or carry on a Suit at Law, or the like.

Now for the favour of this State-Concurrence in all these Causes, that under the Union of two such different Powers there may be no clashing, the Church submits to act in subordination, and the King, in all these Causes and mixt Jurisdictions, is supreme. That is, no Synod of Ecclesiasticks is to meet for making Canons or Constitutions, but when, by his Writ; he convenes them. Nor are any Agreements of theirs, when assembled, to be publish'd as Canons or Ordinances, till he approves or ratifies them. Nor any of those introduced formerly, to be executed and put in use, further than they consist with the Kings prerogative Royal, and with the Laws, Customs, and Statutes of the Realm: All which are provided for in the **Stat. 25. H. 8. …. 19.Statute of Submission. And when Canons are thus made by his Ratification, it submits also, that in certain Cases, which are declared by other Acts, they may be relaxed by his Royal Dispensation; and that, as in making Canons, so also in granting Dispensations from them, he shall be supreme. That no Persons shall be elected Bishops, of beneficed and temporally endowed Churches, but who have the Kings Letters missive, as is provided in **Stat. 25 Eliz. e. 29.another Statute, or who are of his Nomination. That when Ecclesiasticks sit to judge in their Courts by those Laws, all their Proceedings in that Judicature shall be subject to the Kings Prohibition, to stop their further hearing of a Cause, which, by Allowance, or Custom, is of another Cognizance; or to his Commission of Review, upon Appeals made to him, after they have given sentence. So that in these Courts, there is a subjection and subordination to the King, both as to the Laws they proceed by, which are the Kings Laws, as not passing, p. 21or being introduced, without his Approbation or Sufferance; and as to the Judgments there passed according to them.

And because of this subordination of the Bishops and Clergy, in their pure spiritual Jurisdictions, for the Civil Soveraigns addition of such Temporal or State Concurrence; the King is declared supream in all these Causes. Thus much is declared, in the Passages already mention'd from the Statutes settling the Kings supremacy. And thus 'tis said in another **Stat. 32. H. 8. c. 26.Statute, of the Review of the Institution of a Christian Man, that King Henry 8th. set it forth as supream Head of the Church of England, because he call'd the Convocation together, to frame and publish … by his Consent. And thus in his **That We are supream Governour of the Ch. of Engl. and that if any difference arise, about the External Policy, concerning the Injunctions, Canons, or other Constitutions whatsoever thereto belonging, the Clergy in their Convocation is to order and settle them, having first obtained Leave under our Broad Seal so to do; and we approving their said Ordinances and Constitutions, providing that none be made contrary to the Laws and Customs of the Land. His Majesties Declaration before the 39 Articles of Religion.Declaration prefix'd to the 39 Articles of Religion, King Charles the First sets forth his supremacy over the Church, by this subordination of the Church-men, and because, in making any Canons or Constitutions, they must have his License for their Assembling, and their Orders and Agreements confirmed by his Approbation, and executed all with subordination, to the Laws and Customs of the Land, for preservation whereof they are subject to the Temporal Prohibition.

And in respect of both these parts of civil power, viz: Both in having this civil command of spiritual persons, and this civil power over spiritual causes by reason of such secular mixtures, it lyes moreover in having the same,

3. Thirdly, in opposition and bar of all other earthly dependance, especially of all Foreign jurisdiction and appeals. He is the one Supream Head of all, both Spiritual and Temporal, next under God, saith the **24. H. 8. c. 12.Statute for Restraint of Appeals. And the claim of Supremacy in the Queens injunctions, is so as no other Foreign Power, shall, or ought to have any Superiority over them. And the Thirty Seventh Article of Religion, the first of King James the Firsts Canons, and especially the Oath of Supremacy, doth most fully disclaim, and exclude all Foreign jurisdiction herein. And the extending of the Kings Power of Judicature over all Persons, Ecclesiasticks, as well as others, thereby, is for excluding all Foreign Powers from being Judges in our Kings Dominions, as we heard from King James's Apology for the Oath of Allegiance.

The Foreign jurisdiction and Appeals particularly aimed at, is that, which was claimed here by the Popes of Rome. They had wrested from the Crown the foresaid Soveraignty, both over Ecclesiastical Persons, and Causes. For as to Ecclesiastical Persons, they claimed an exemption for p. 22them, as not answerable in Civil Courts, but Cognizable only by themselves. And as to Ecclesiastical Ministrations, as back'd by secular benefices; and Ecclesiastical Causes, as mixt in the Ecclesiastical Courts with Civil Priviledges and Jurisdiction; they disclaimed subordination to the Crown, and asserted a supremacy to themselves therein. For they made themselves supream here, in investitures into benefices and preferments; and to have the chief power; by their Legates, of calling our convecations; of passing, and ratifying, all our Decrees, Canons, and Constitutions; of granting dispensations from them; of having their decrees take place, of the Prerogatives of the Crown or of the Customs of the Realm; of holding courts; and of receiving Appeals from any of our spiritual courts, and judicatures, and the like. All which civil powers over Ecclesiastical Persons, and subordination of Ecclesiastical causes proceeding by the foresaid mixture of secular fortifications, benefices, and jurisdictions; the statutes, Articles, injunctions, and Canons of this Church and Realm about Supremacy, abolish in the Popes, and assert to the Crown, to which they Anciently did, and of right should belong.

So that this Soveraign Civil Power, over all Ecclesiastical Persons, as their subjects; and this Subordination of all Ecclesiastical Causes to it, because of the Concurrence and intermixture, of the foresaid civil priviledges and juridictions therewith; and that in opposition to the papal pretences in these points; is the Ecclesiastical supremacy vested in the King, by our Church, and Laws. The Popes spiritual Usurpation upon this Church, was shaken off, by asserting to the Arch-bishop of Canterbury the Brittish Churches Ancient, and independant Primacy. Which did Right to the King too; it being against his Prerogative, that any Foreigner, who doth not own himself to be one of his Subjects, should have any Power in his Dominions. And his Civil Usurpation on the Crown, in respect to Ecclesiastical Persons, and Causes, among its Subjects, was thrown out by asserting of the Kings Supremacy.

But when the Supremacy speaks such a civil power over the persons of Ecclesiasticks, as they are its subjects, and such subordination of Ecclesiastical causes thereto, as they are united to secular benefices and jurisdictions: Yet at the same time, as I have shewn, doth it disclaim all pretence to meer spiritual powers, or to the Soveraign Disposal of the Powers of Orders. Of it self, it can neither give, nor recall them. Nor stop the Ministrations thereof, in any of those Cases where Christ requires them. All it can do there, is to withdraw its Civil incorporation, from those who have these mere spiritual powers, and are bound, for the sake of Religion and of the Souls of Men, to proceed in the exercise thereof. But still, that exercise and administration, which hangs on anothers Commission, will go on upon its own bottom, and must be discharged as it can, under the opposition, instead of the former incorporation of state, or under a civil Persecution.

p. 23And this continuance of such Ministrations in such Cases, notwithstanding the deposition of state, I think may fairly be concluded, from the Concessions of those, who have undertaken to plead for the Authority of state deprivations, and to press them on the suffering Clergy, at such times.

We are told by **Vindication of a Discourse against the New separation p. 11.one from Mr. Mason, that a state deposition of a Bishop, is not by way of Degradation, from his orders, as if he had them not; but of exclusion, from the exercise thereof. And that not absolutely, as if he could exercise his office no where; but after a sort, that he should not do it, as to their subjects, nor in their dominions. And by ‖‖A Vindication of their Majesties Authority to fill the Sees of the Deprived Bishops, p. 18, 19, 20. (or as they should be marked, p. 22, 23, 24.)another, that a state deprivation doth not concern the Character, or Ecclesiastical Communion, as an Ecclesiastical Deprivation doth; but only concerns the exercise of his Episcopal Authority, in any Diocess within the Dominions of that State, or enjoying any Ecclesiastical Benefice in it.

Now, since such state deprivation neither concerns the Character, nor the Communion of the Church; 'tis plain he is a Bishop still notwithstanding their deprivation; and such a Bishop, as, without any fault in Church Communion, all good Christians may Communicate with. And since his exercise of Episcopal Powers is thereby excluded, only from the Dioceses and subjects of their dominions; it is still the same it was, as to all other places. And what is the hinderance, of exercising the same still in those dioceses, and among that Kings Subjects? One reason already cited is, because he cannot exercise them in the incorporate way, or in injoyment of any Ecclesiastical Benefice. But besides, another I conceive is suggested, viz. Regard to state Authority, or civil obedience. Though neither the Faith, nor the Communion of the Church is here concerned; yet, **P. 20.says the Learned Author last mention'd, the Authority of the State is, which obliges both the Clergy, and Laity, in these Cases. So that although neither his powers are thereby vacated, nor their dependance and communion with him is broken off on other accounts; yet in Civil Obedience, it seems, by his account both Bishops and People, on such state deprivation, are bound to acquiesce.

But now, if they are left in full Possession of their spiritual powers, and of the communion of the Church; 'tis plain they cannot be debarr'd of their Ministrations in the foresaid Cases, nor the people of their attendance on them, in any regard to secular inhibitions, or to shew Civil Obedience. For we must never hear Kings against Christ, or obey them, when they bar us of doing what he bids us do. And these Ministrations, he requires and calls for in the aforesaid Cases, as I have shewn; and also for the peoples communion with, and attendance on them. And it matters p. 24not, that they cannot Minister any longer in the incorporate way, or under shelter of Civil Laws, and enjoyment of benefices. For true Ministers of Christ, and of Souls, must depise benefices and secular incorporations, when they come in competition with his service, and Minister his word and worship, at their hazard, and under persecutions.

Besides, if, as he owns, such deprivation doth not affect the Communion of the Church, it leaves the subjects of those dioceses still under the same Religious and Church Principles, of dependance and communion with their Bishops, as they were before it. For, though the state should not meddle therein, the Church has Principles of this dependance and communion, of its own. Christ requires his Church should be one; and that is by ahhereing to their Bishops, whom he has made the Heads of Union. And these, it seems, the deprivation of state doth not at all Cancel, only the Authority of state, as is **P. 20.said, but not Church Communion being concerned therein. So that such Bishops deprived by the state, continue still to be Christs Bishops and Heads of Union in those dioceses, according to his Rules and Principles of Union. And then, how shall a mere command of state, dissolve the tye made by him, or break communion betwixt their Bishop and them? Whilst Christ, by conscionable obligations of Church Unity, bids them adhere to their Bishop, and keep one with him; must they give ear to the state, that bids them, divide from him? I think on second thoughts, he will not make Church Union, or the dependance of people on their Bishops, so unsettled or precarious a thing, as either to have no fixt and conscionable principles, ingaging and holding all good Members thereto, of its own; or to have it in the power of a secular state, when it pleases to set them aside, and over-rule them.

p. 25CHAP. III. Remarques on the Preceding Account of the Force of State-Deprivations, and instances of Deprivations alledg'd to the contrary, consider'd, and clear'd up.

FRom what I have said in the foregoing Chapters, about the power of the Civil State, and the effect of its Deprivations, I think it may appear, that the Bishops and Ministers of Christ continue still invested with their Ministerial Powers, and can receive no discharge from the exercise thereof, in the formention'd Cases, by any State Deprivations.

And of this I observe, from what has been hitherto discoursed,

1. First, That this is not to deny the Civil Power, the Cognizance of Bishops and Ministers, in Civil matters. Allegiance, 'tis true, is a civil matter, and most nearly concerns the civil peace. Indeed, it is not only Civil, but also Religious. For when men are requir'd to Swear it, and in all Churches to pray conformably to it, Solemn Oaths and Prayers, are most sacred and Religious Acts. And Allegiance in it self is a moral duty, for due payment whereof, all stand answerable to God in the last judgment; as well as a civil, or state-duty, for which they are answerable to the state in judicatures of this world. But it is such a matter of Religion, I say, as is also a civil matter, subject to civil Cognizance, or a point of State too.

And if this is refused to a Rightful state, it is not only an offence against Morality and Religion, which spiritual Judicatures and Synods may punish with Canonical Depositions: But also an offence against the state, which such Rightful state may punish by state punishments, as it may all other state offences; and in Ecclesiasticks, when they are guilty thereof, as in all other persons. And among these punishments, by Deprivation, though not of mere spiritual powers, (the state having no Authority to take away those mere spiritual powers, which it never gave,) yet of all that is Temporal in Church-Ministrations, so as that such refusers shall no longer hold benefices and preferments, or state endowments. Yea, and even as to those mere spiritual powers, it may make them of themselves to forbear any further exercise thereof, to keep state-favors and endowments to the Church, when their deprivation is in a case, that concerns only their own personal rights and priviledges, but not the Truths or cause of Christ, as was before observed.

But if at any time, or in any Kingdom, this should be refused to an Usurping State, which has no Legal Right; but which calls for this Allegiance, Oaths, and solemn Prayers and Religious services conformable p. 26thereto against him who has the Right: Then such refusal, is neither a Religious, nor a Civil offence; neither against God, nor Gods Vicegerent, Divine or Humane Laws; but a due obedience to both. And this brings on the Case of all the foresaid immoralities, Damnifying Religion, and endangering Souls; wherein faithful Bishops and Clergy, whatever they incur by standing to their Spiritual Ministrations, must not let them fall …n regard to any Deprivation of Usurping Powers. Nay, nor in regard to the most rightful States, should they issue out against them state-deprivations, to stop their Ministrations against any such like immoralities, or other irreligious and endangering ways.

And this Limitation, of the regard they ought to have to his deprivation, is not to deny the Rightful Civil Soveraign, any part of his just power over Ecclesiasticks. But only to deny him such a power, as would leave our Saviour Christ himself, who is his Master as well as theirs, …o have no power over them. Or such a power, as should enable him to discharge them, of what Christ has given in charge to them; to take away what powers he confers, or to loose what he has tyed on. But under all this discharge of their foresaid Ministrations, notwithstanding his inhibitions and deprivations, it allows the Civil Magistrate as much Power over their persons, to mulct, banish, or put them to death, on just cause, as they are his Subjects, as over any others. And to have power also over the mixt way of administrations, so as to be able to deprive them, though not of all exercise of their spiritual powers, yet from holding or exercising them with Temporal jurisdictions, effects, and priviledges, after the way of an incorporate Church. And to have those other foremention'd Prerogatives, of conveneing Synods, passing Canons, sending prohibitions to stop any process in prejudice of the Prerogative, or of the Laws, &c. Which, for the favor and continuance of those secular mixtures, have accrued by incorporation, and belong to Christian Kings. And these things, which are allow'd, are as much, as any of them can claim of Ecclesiasticks, as they are Kings. And, on the other side, those things, which are denyed, are such, as they would abhor to challenge or desire, who would own any subjection to Christ, or bound their pretensions as Christian Kings.

2. Secondly, nor is it to set the Church above the State, as the Papal Usurpation pretended to do. But only to set Almighty God, and his blessed Son Jesus Christ, above it. Not leaving subjects, whether Laicks or Ecclesiasticks, in complyance with any the most rightful state, to disobey God. Nor Ministers, to let fall any Services and Ministrations of Religion, or cure of Souls, which Christ calls them to exercise; yea, not only when the state is consenting, but when it gain-says it, and doth all it can, either to disable or discourage them from it; he not having thought fit to stand to the courtesy of any civil state, whether or no p. 27the Ministry, of saving Souls should be prosecuted, and whether he should be served, and have a Church on Earth.

But at the same time, it sets God and Religion, above their Power; it subjects all, both Laicks and Ecclesiasticks, to the same in other things. Allowing every rightful civil state, the chief civil power over all Ecclesiastical Persons. And the chief civil power over all Ecclesiastical Causes, so far forth, and so long, as they are mixed and compounded with civil benefices and jurisdictions. And a civil power to compel Church Men by civil penalties, to do the duty of their Spiritual Ministrations; and to hold them under a necessity, of not resisting by Arms, but of suffering with patience under them, when they punish and persecute them, not for breaking, but for faithfully performing of the same. And this is to leave the civil power, to be chief in all civil matters, and to have several Prerogatives of Soveraignty in spiritual, so long as they proceed with civil mixtures: That is, to be supream in all, which it can call its own. Though at the same time it is not to be held superior to Christ, nor must be thought intrusted with the Supreme Disposal of the matters of Religion, wherein men are empower'd of Christ by another sort of Commission.

And from all these, 'tis plain, that it is no Revival of the abolished Papal Usurpations. For these, lay not in the Bishops asserting, as is aforesaid, of their own pure spiritual powers; or of their own indefeasible obligations, notwithstanding any state inhibitions and deprivations, to exercise them for the service of Religion and the Church, as Christ requires they should, in the foremention'd, and other like Cases. For this is no more, than has been done by the Holy Apostles, and by all faithful Bishops and Ministers, in all Ages. But in their claiming an independancy on the state, in the exercise of spiritual powers and Ministrations, mixed and endowed with the borrowed adjuncts of secular benefices and jurisdictions. And in their professing a dependance therein upon the Pope, seeking to him for investitures and confirmations, and making him the last judge by Appeals: As also depending on him, for conveneing Synods, for passing and confirming Canons, and granting dispensations from them, and for other Matters, which, for their civil endowments of Churches, were granted to Christian Princes, and by incorporation accrued to the Crown. And Lastly, in their Challenging an Exemption of their persons from Civil Cognizance, so as not to be answerable in Civil Courts, and Coercible there by civil penalties, even for state-matters and offences. And the Retrenching of these Usurpations, was the business of our Reformers. But as for the independance of the Ecclesiasticks mere spiritual powers, and their obligations to exercise them in any Case, as may answer the Command of Jesus Christ, and not the contrary inclination or inhibition of the Civil Magistrate, they were p. 28as far from intending, as from needing, to Reform it. Yea, soon after, they were most glorious Asserters thereof, in all their Ministrations for the service of Souls, and for the support of Truth; which they discharged against the deprivations and inhibitions of the state, as Confessors and Martyrs, during all the persecutions of Queen Marys Reign.

3. Thirdly, Nor is this to mistake, or to over-look the condition of an incorporate Church: But only not to over-value the Civil Benefits of Incorporation; and at the same time to under-value their Obligations, to Christ, to the Ministeries of Religion, and to the Souls of Men. It is necessary that Pastors and People, should keep obedient, and true to Christ: But it is not necessary, that they should keep in the favour of Princes, and continue a Church incorporate. Nay, it is necessary they should cheerfully take up the Cross, and be content to be a Church persecuted, when they can no longer enjoy the secular benefits of Incorporation, without yielding to an irreligious and ill Ministration; nor hold on Ministring to the necessary service of Souls, and of pure Religion, without incurring Persecution. For then, all Church-men of any Fidelity or Conscience, must shew themselves Ministers of Christ, not of Princes; and Guides, that watch for Souls, not for Benefices, and secular accessions: And, like their Great Master, and all good and holy Bishops, who were call'd by him, as we all are, to spiritual Ministeries, under whatever Persecutions of Princes, despise all state-favors and preferments in this world, in comparison of fulfilling that Spiritual Ministry and most sacred Trust, which they have received from the Lord, and whereof one day they must give a most strict account.

And therefore it is a very ill-grounded reasoning, which the aforesaid Author of the Vindication of their Majesties-Authority &c. uses, to Authorize the deprivation of suffering Bishops at such times, for state-matters, by a mere Act of State, **P. 17.thinking it well proved, if it is as certain a…d evident, as that the Church is, and must be incorporated into the State. For in the aforesaid Cases, for the service of Christ, and the sake of Religion, and of Souls, the Church is bound to break with the State, and to lay aside all thoughts of continuing incorporated, and submit to be persecuted. It is then call'd to bear Christs Cross, for its stedfastness in his Service and Ministrations; not to seek or court state-favors, by ceasing to Minister what is good, or consenting to Minister what is ill, in complyance with Princes. And if, instead of being certain, and evident it must, 'tis certain and evident the Church must not be any longer incorporate, when it cannot purchase it, but on these Terms: Then in all the foresaid Cases, there is an end of all Arguments to perswade acquiescence, for the preservation of the incorporation of Churches in Christian Kingdoms.

p. 29But though this Principle, of Faithfully exercising their pure spiritual Minstrations in the foresaid Cases, without accepting any discharge thereof from mere state-deprivations, excludes all over-rateing of civil incorporation, or placing the Favor of Princes above the Favor of God, and benefices and preferments above the interest of Religion and of Souls. Yet doth it, at the same time, allow to an incorporate state, all that really doth belong to it. And therefore in these Ministrations, after deprivation by a rightful state, it claims nothing, that came to Church-men by incorporation. But its Spiritual Ministrations, Christs Church then discharges, without the encouragement of state-benefices and preferments; without claiming the convenience of the establish'd places, for a free holding of its Religious Assemblies; or the guard and assistance of any of the foremention'd Civil Laws, jurisdictions, or other secular mixtures and state accessions, for the strengthning and furtherance of its exercise of any spiritual Functions. And what more should they look at in this state of incorporation, than to see, that as they do not let fall any spiritual service, which was not given up, nor can be stopped thereby: So, when devested thereof, that they do not challenge any worldly benefices, powers, or other endowments, which are dependant thereupon.

And this is not to make the claims and exercise of Ecclesiastical Powers by Bishops and Pastors, the same in all points at this day in an incorporate Church, as they were by the Ancient Canons, whilst the Church was separate from the state, under the Gentile Persecutions. It asserts them the same, as to Ministring all that is necessary in Religion, and in Care of Souls; which the Pastors are as much empowerd, and as much obliged to look to, under incorporation, as before it. And to be the same also in other points, given up and accruing to the State at the incorporation of the Church, as Naming of Bishops, Conveneing them in Synods, Ratifying of Can…ns, Dispensing with them, and the like; after once a rightful state breaks the incorporation, and puts the true Church from state-protection and endowments, into a state of persecution. For then, the Church and State are divided again, as they were in the days of the Ancient Canons; and so they may be free, as Bishops then were, to exercise those powers by the Rule of those Canons, as they can, and as in prudence they shall see cause. But whilst the protection and incorporation holds, for the sake whereof it laid down its claim to those powers, and suffer'd them to become the States-Prerogatives; the Bishops and Ministers are not to pretend to them. And so, whilst the Church enjoys such incorporation, our own Church, by its Articles and Canons, disclaims the exercise of these powers by it self, and confirms them to the Crown, as I formerly observed.

Thus are the Recognitions, which Ecclesiasticks ought to make of the p. 30Supremacy of Princes, and all the Regard they ought to bear to the incorporation of the Church, fairly consistent with their Faithful discharge of their Spiritual Ministrations, after the State has deprived them, in the foresaid Cases. They stand bound to Christ there, to exercise the same, by manifold obligations, as I have shewn: And no deprivations of Princes, though they be Soveraign Governors of all their Subjects, and have endowed and incorporated the Chuch, can disable, or discharge them from it.

And from this state of these matters, it may be easy to clear and take off the Force of those instances, which are brought of state-deprivations without the concurrence of Ecclesiastical Synods, and to shew they are of no force in the foresaid Cases.

The instances chiefly insisted on, are the Deposition of Abiathar by Solomon; Vindication of their Majesties Authority to fill, &c. p. 23. 24. 25, 26.and the frequent, sometimes Annual depositions of their High-Priests by the Romans, when Judea fell into their Hands; the depositions of the Patriarks of the Greek Church, by the Turks; and the deprivation of Queen Maries Popish Bishops, by a commission of State, pursuant to an Act of Parliament, without a Synod, at the beginning of the Reformation under Queen Elizabeth.

1. First, as for Abiathar, whom, for conspiring with Adonijah, Solomon is said to have thrust out from being Priest unto the Lord, 1 King. 2. 27. it doth not appear, that Solomon did remove him from the dignity and office of High Priest, but only from the exercise thereof. For after this sentence was passed upon Abiathar, and after Joab the General also, his complice and conspirator, had been sentenced and suffer'd death, and Benajah was made General in his place, 1 King. 1. 28. 34, 35: Abiathar is still reckon'd as Partner with Zadock, in the High-Priest-hood, 1 King. 4. For so, in the reckoning up of Solomons Officers, when Benajah the Son of Jehojadah, was over the Host, 'tis added, and Zadock and Abiathar were the Priests, v. 4.

And as for the debarring him the Exercise of his High-Priests Office, that was the natural, and inseparable consequent, of ††1 Kin. 2. 26, 27. and Joseph. Antiqui. l. 8. c. 1.1 Kgs 2:261 Kgs 2:27his Banishment from Jerusalem to Anathoth for his Life. For the exercise of that Office, was local, and fixed to Jerusalem and the Temple. In the Temple, were all the Priests tyed to officiate, whose Ministrations he was to direct; and in that was the Holy of Holies, **Heb. 9. 7.Heb 9:7whereinto once a year he himself in Person, and he alone, was to enter, and offer the Blood of Expiation: and there was the Mercy Seat; before which he was to stand with the Urim and Thummim, to consult God upon occasion. The Exercise of which Ministrations, with others, required his Personal Residence, and could not be discharged by him living in another place. So that the banishing him from Jerusalem, by mere natural consequent, without need of spiritual Jurisdiction, excluded him from the Exercise of p. 31the High-Priests-Office. And this Banishment, Solomon inflicted on him as his civil Soveraign, for his Trayterous Conspiracy with Adonijah; and on like Cause, any other lawful Soveraign may do the same. And without doubt, he not only consented to this Amotion, but was thankful for it, and that, instead of being sent to Anathoth, he was not sent out of the World, as by Law **1 Kin. 2. 26.1 Kgs 2:26his Fact deserved. So that Abiathar had nothing to contest in his Case, nor any mind to do it; being justly lyable to suffer so much more at the hand of the civil Power, than it was pleased to inflict on him.

And then, as for Zadock, who held the High-Priesthood in his Room, and whilst he was living; that doth not appear to have been by a New Creation. For before this extrusion of Abiathar, he had been created Partner, Vicar, or Suffragan with him in the High-Priests. Office, in Davids time. Thus, in the reckoning up of Davids Officers, they are put together as filling this place. Sheva was Scribe, and Zadock and Abiathar were the Priests, 2 Sam. 20. 25. And hast thou not there with thee, Zadock and Abiathar the Priests, says David to Hushai, when, in his flight from Absalom, he sent him back into the City, to defeat the Council of Achitophel, 2 Sam. 15. 35. & chap. 17. 15. And in carrying back the Ark into the City, David gives command to Zadock the Priest about it, 2 Sam. 15. 25, 27. and the Text adds, Zadock therefore and Abiathar carryed the Ark of God again to Jerusalem, joyning them as Partners in this great Act of the Pontifical Charge, v. 29. He also commits to Zadock the Priest, the anointing and proclamation of Solomon, which was another Act thereof, 1 King. 1. 32, 34, 38, 39. And this is plainly asserted by Josephus, who **Antiq. l. 8. c. 1.says, That Zadock was first created High-priest, in the Reign of David: And therefore, on Abiathars exclusion by Solomon, that Zadock only came in to have the High-priesthood, and to act therein alone. He was then Sagan, or Suffragan, and Vicar to Abiathar, as **In 2 Sam. 15 27. & 1 King. 1. 34.2 Sam 15:271 Kgs 1:34Grotius, and ‖‖In 1 King. 4. 4.1 Kgs 4:4Vatablus conceive.

When Abiathar therefore, by his Banishment for Life, in just Punishment of his Treason, was incapacitated for any further Exercise of his High-priests-office, on such debarring of his Pontifical Exercise, there was no new Ordination of another into his Place. But Zadock, who had been created his Partner in the Priesthood before, on his Partners Loss of this Exercise, was to exercise the whole himself. So that the Authority of a Deprivation of State, to unmake one, and to make another, to be a Bishop in their dominions during his Life, is ill-fetch'd from this Instance. For neither doth Abiathar plainly appear, to have been despoyled of the Honour of the High-priesthood, (tho' by Banishment for Life, he was of the Exercise thereof,) by Solomon: Nor Zadock, to have been first advanced and created High-Priest by him; but to have been Ordained thereto by the spiritual Powers of the Sanhedrim, p. 32to **Vid. Dr. Light. Temple. Serv. c. 3. p. 905. Tom. 1. Op.whom that Ordination and Investiture did belong, in Davids Time.

Besides,

2. Secondly, in these alledged State-deprivations of the Jewish Highpriests, either of Abiathar by Solomon, or, after they came under Roman Subjection, of the Chief-priests by the Roman Procurators, who made such frequent Changes among them, sometimes Annual, as **Antiq. l. 18. c. 3.Josephus notes: In all these State-deprivations of Jewish High-priests, I say, there was only a change of Persons; but Matters of Religion, went on in every thing the same, and Men were taught the same doctrines, and trained up in the same Practices, and held on in the same Prayers, Sacrifices, & Temple, & Synagogue-Service, under both. And where it doth not affect the state of Religion, or the interest of Souls, but only their own personal Claims and Priviledges; God's faithful Ministers may be free, as has been observed, to secure Protection and civil benefits to the Church, by not breaking with the State, but acquiescing under its deprivations. But what voluntary deference were thus payable to a deprivation of State, in a case which doth not touch Religion, or the Souls of Men; must not be expected in other cases, which do touch, and damnisie and endanger both. And thus it is in the fore-mentioned cases, wherein I have been asserting the necessity of holding on their spiritual Ministrations, and not yielding to be stop'd thereof by any State-deprivations.

3. And this also clears the Instance of the submission of the Greeks, on the frequent deprivations of their Patriarks, by the Turkish Governours. The Benefits of Incorporation, which they propose to secure thereby, are not the most tempting; lying not so much in being priviledged and beneficed by the State, as in not being persecuted, but tolerated under it. And their submission, for keeping on this State benefit, such as it is, is not without detriment to the Church, (tho' their breaking with the State, they fear would be more detrimental,) the Turks, as learn'd Travellers inform us, **Dr. Smith de Ecclesiae Graecae statu hodierno. p. 52, 53. And Sir George Wheelers Travels. l. 2 p. 195.making the new Advancements for Money, to be levied on the Church by the New Patriark, to the countenance and growth of Great Corruption, and to the bringing of the Church in debt. But as to the course of Religious Ministrations, they are the same under both Patriarks. Religion, or the Word, and Prayers, and Sacraments, are administer'd alike without Alteration; and the Souls under their Charge, are fed with the same Doctrines both of Faith and good Life, and are nursed up in the same Practices, and serve God in the same Prayers and publick Offices, in both cases. And therefore, those deposed Patriarks, are not driven, by insisting on their spiritual Powers and Ministrations, to break this partial Incorporation, such as it is, for the support of pure Faith, Worship and Practice, or for p. 33the Interest of Religion and of Souls; as I have shewn true and faithful Pastors are in the fore-mentioned cases.

4. The Fourth and Last Instance, is of Queen Maries Popish Bishops, deposed by a Commission of the Queens Council, without a competent and lawful Synod, and principally for a State-crime, viz. refusing the Oath of Supremacy, which was made a cause of deprivation by a preceding Act of her Parliament, under Queen Elizabeth: And of our Reformed Bishops coming into their Sees, upon such deprivation, during the others Lives.

As to this Case of the Marian Bishops, or of other Popish Bishops under Edward the sixth, Two Things are to be Noted in their Removal and Ejection out of their Dioceses. One is, from the Temporalities, the Benefices and Preferments thereof. And these temporal endowments, as I have observed, are directly subject to the temporal Power. So that the Act of Parliament, and the Proceedings of the Council, and the Commission of the lawful State, took away all Claim to the Temporalities, and deprived them of their Bishopricks, as they were Temporal Free-holds.

The Other is, from the spiritual adherence and dependance of the People upon them, as on Heads of Church-Unity and Communion, for Religious Ministrations. And this, there was no need for the State to deprive the Popish Bishops of; for they had already deprived themselves of it, by their own Corruptions, both in Doctrines, and Devotions. Adulterations of Religion, and corrupt Ministrations, of the Word, of Prayers, and Sacraments, break the Ligaments, which tye on People to this adherence to any Bishops or Pastors; yea, though they were Apostles themselves. Though we, or an Angel from Heaven, preach any other Gospel unto you, than that which we have Preached unto you, let him be **foreignAnathema or accursed, saith St. Paul, Gal. 1. 8. Or, instead of sticking to his Communion, break off from it, and have no more Religious Commerce with such, than was to be held with those, whom the Synagogue or Church had Anathematized or cut off: foreign, as he **Rom. 9. 3. vid. Theod. in loc. & ChrysostRom 9:3elsewhere uses it, and in the Ecclesiastical Style, speaking one excommunicate, for so we Christians are wont to call a Sentence against the speakers of impious things, ††foreign &c. Soc. Hist Eccl l. 7. c. 34. p. 377.Sir 50:7says S…crates. When therefore any Bishops and Pastors, instead of Heading Christian Truths, appear at the Head of Unchristian Errors; the People are discharged from their obligation and dependance upon them, and are to unite themselves, as they can, to others, who still keep firm to that necessary Gospel-Truth and Worship, which they have forsaken, as shall be shewn more fully ‖‖Chap. 3. & 4, Part 3.afterwards. And this was done by the Popish Bishops, who fed the People with false Doctrines, and polluted Prayers and Ministrations; which left no need of any thing more to deprive them of the Peoples Communion and Dependance, these Papal Corruptions of Religious Ministrations, being enough to discharge and drive them away of themselves.

p. 34So that the Reformed Bishops, when they were set at the Heads of those Diocesses, call'd none away, nor made them break off, from any just and due spiritual dependance on their former Bishops, whose own Heretical Doctrines and Corrupt Ministrations, had made the People cease from depending any longer in Conscience upon them. They wanted only to be lawfully empowered, and regularly ordained themselves, by Episcopal Imposition of Hands; as all those reformed Bishops plainly were: and the People were free from any Obligations to the Old Ones, because of their Errors, and corrupt and dangerous Ministrations; & both lawfully might unite themselves to them, and were in duty bound so to do. And thus, coming to Head a People, whose dependance was broke off from others, by their spiritual corruptions and depravations of Religion; they were no spiritual Intruders. And coming into Benefices and Temporalities, made vacant by the deprivation of a Lawful State; they were guilty of no civil Usurpation and Injustice. And this is enough, to justifie the Advancement of those first Reformers: Tho', where Bishops are Orthodox, and deprived for their adherence to Truth and Righteousness, both in their private Practice, and publick Ministrations, the People are still left spiritually to depend on them, and are not to be taken off by any deprivation, though of the most rightful state, as in the above-mentioned Cases.

'Tis true, as to the Popish Bishops themselves, they thought otherwise of their own Worship and Doctrines, and took them for Christian and Gospel-ways and Truths, not for Anti-christian Corruptions. And had they really been, what they thought, as they were not but quite contrary, it had been their duty to go on in their Pastoral Cures and Ministrations, with Persecutions, for all their deprivations. And so we our selves should have thought, at least we all seem as if we should, if, by Gods Providence, the civil State had gone on to deprive our reformed Bishops, for sticking to the worship and doctrines of the Reformation, and had set up Popish Bishops in their Places. Notwithstanding which, I suppose both our faithful Prelates and People, instead of silently acquiescing, would have gone on ministring and communicating, in the reformed worship and doctrine of this Church.

But whatever they thought of these things, or how consonant or disagreeing soever their Actings were to their own Apprehensions in this case; it suffices for justification of our Reformed Bishops advancement to their Sees, without their being deprived by competent and lawful Synods, which is objected as a thing most exceptionable therein, and as seeming most to deviate from Ecclesiastical Rule, that in reality they were not Orthodox. And that, for this want of Orthodoxy, without any need of recourse to the Authority of mere State Deprivations, to take off people from a spiritual Adherence and Communion with their Bishops, p. 35the People, before they could have a Synodical Deprivation, were loose from them, and at liberty to unite themselves to the Orthodox Reformers in their Room.

CHAP. IV. Of Deprivations by Synods in the foresaid Cases.

ANd thus, I think it may sufficiently appear, how the manifold obligations, which are shewn above to lye on Faithful Bishops and Ministers, not to suppress, but to exercise their spiritual ministrations in the foresaid Cases, are not set aside, or barr'd, by any inhibition or deprivation, though of the most Lawful Civil State. They will do it with more ease and worldly encouragement, when the State tolerates, and much more when it fortifies and furthers them therein. But they are not at liberty to give it off, but must go on exercising the same, when it is more troublesome, and when the State gain-says, and puts them under persecution for so doing.

And thus it is, where the State will Act apart, and proceed without a Synod in depriving Bishops, and in discharging the Ecclesiastical Communion, and dependance of the people, Spiritually related, and united to them.

But Deprivation of Bishops, who are Spiritual Powers; is more ordinarily by a Synod of Bishops, who are a Spiritual Judicature. Great Reason there is, for the Deprivation of Bishops, to proceed in this course. The Civil-State, indeed, comes in, by Reason of Civil Accessions and Endowments, which strengthen and encourage the spiritual ministrations. But these Civil Accessions, are but Accessaries and Appendages; and their spiritual powers, are the Principal in their Ministrations, and in Church Communion and dependance on them. And therefore the removing of their ministrations, and of the Communion and dependance of the Church thereupon, is never so fitly, and fully attempted, as by spiritual judicatures, who, being spiritual persons, have more directly to do with Church Communion, and spiritual powers. And accordingly, this has still been the course of the most Pious Princes, who have reserved the deliberations about Religion and Church matters, and the Depositions of Bishops, (which so closely affects Church Communion,) to Convocations and Synods of Bishops and …lergy. And when these proceed to sentence, it more directly affects the concerned parties: Church Communion, and Church Governors, being more directly under the Church-mens Cognizance; and not only indirectly and by the by, as it may ingage the deprived persons, when not bound to it otherwise, to yield and acquiesce in voluntary complyance for civil interests.

p. 36But suppose a Concurrence of both these powers, and that the deprivation of the Rightful State is confirmed by Synodical Concurrence: Yet I observe in the last place, that this Deprivation by Synods, is not sufficient to bar or discharge Bishops or Ministers, from the foresaid Exercise of their Spiritual Ministrations, in the above mention'd Cases.

Bishops and Metropolitanes, are not more subject and dependant on Synods; than Presbyters and people are on their Bishops: Our Lord himself, and his Holy Apostles, having appointed Bishops in his Church, and call'd for our subjection and obedience to them. But this submission of Priests and people to their Bishops, is with a Salvo to their Holy Religion, and its Articles and Interests. And if any Bishops go against the Truths, or Laws of Christ, or against the interests of Souls, and of True Religion, we are not to follow them, or to depend on them therein. To stick to any necessary Christian Doctrines, Worship, or Practices, Christs Faithful people and Ministers must break even with their own Bishops; holding even them Anathema, as St. **Gal. 1. 8.Gal 1:8Paul directs, when they would lead them contrary to the Doctrine of the Apostles, as I noted before, and shall shew more fully **Part 3. c. 3. & 4.afterwards. And so must they with any other Bishops, or Number and Synods of Bishops, in like Case.

All Exercise and Administration, of Church Authority and Jurisdiction, is tyed to Rules. Not only to Rules, of the Churches own making, or Ecclesiastical Canons; but above all, and in the first place, to the Rules laid down by Christ himself. And all the validity of Church Acts in way of external judicature, in Synods, or otherwise; is so far, as they go by them, or do nothing against them.

Thus it is, in Decreeing Rites and Ceremonies, or Determining Controversies of Faith; wherein, though the Church has Authority, yet is it thus limited, and has no Authority, as our Church **Article, 20.Declares, to ordain any thing contrary to Gods word. Even general Councils, are bounded by this Limitation, and things ordained by them, **Article, 21.say the Thirty Nine Articles again, as necessary to Salvation, have neither strength, nor Authority, unless it may be declared that are taken out of Holy Scriptures.

And thus it is also in Matter of Censures, or Ecclesiastical Sentences judicially past therein upon persons, whether Laicks, or Ecclesiasticks. We, in the **Ver. 2.Exercise of our Apostolical Power, can do nothing against the Truth, or in punishing and Censuring any for Faithful observance thereof; but all our Power is for the Truth, and to be exercised in its behalf, by punishing and not sparing, not those who stand to, but those who defect from it, 2 Cor. 13. 8. When the Church speaks to us in External Judicatures, we must hear it, as our Lord ††Mat. …0. …7.orders. But we must hear it speaking under Christ, never against him. So that if it Excommunicates any, for sticking firm to any part of his Holy Religion, with p. 37whom, for that very adherence sake, he requires his Faithful Followers, to hold Communion; Or, if it deprives, or discharge any Ministers, from Administring the same, in any case where he has charged them to keep on that ministration: Its power here, is set up against him, and its Acts, have no Power to bind those, who are concerned in them.

Thus it is, when it sha Excommunicate any, for adhereing to any necessary Christian Doctrines, Worship, or Practices. For all, who would hold to Christ, must Neglect such Censures; and, though any Church or Synod throws such persons out of its Communion, they are joyfully to well come and receive them into theirs. For, when our **Mat. 18. 17, 11.Matt 18:17Matt 18:11Lord Arthorizes, and gives validity to Church Censures, saying they shall be bound in Heaven, and bidding us look on all who will not hear the Church, as Heath…ns and Publicans: He limits this validity to those censures, which pass upon men, not for any parts of righteousness, but for real offences. If thy Brother Trespass against thee, and will not hear thee, tell it unto the Church: So that some real offence or Trespass, must still be the ground of the process. Mat. 18. 15. 17. It must be, for not hearing the Church, when it calls us to his Truths and Precepts, not when it sets up to carry us from them. For there, if it use censures, it acts of it self, and not by his Commission: It opens, or shuts, by an Erring Key, and must not expect, that what is so bound or loosed on earth, shall be Ratifyed in Heaven. By such perverse Censures, the Church only deprives it self of the Communion of Faithful Christians; but doth not deprive them, of Communion with Christ, or with one another. **foreign &c.The unjust Excommunications of the Jewish Sinhedrim, when they cast Christs Disciples out of their Synagogues, only estranged or cut off themselves, says Photius, but ††foreign, &c.brought those Disciples so much nearer to their Lord and Master. And so now, says he, when the imitators of the Jews Excommunicate the Followers of the Apostles, they thereby only ‖‖foreign, &c. Photius Pats. Constant. Epist. Michaeli Metropol. Mitylenes, Epist. Photii 116 p. 157.Conjoyn and Unite them the more to those Divine Apostles, to whom they are more closely and exactly knit, both in Faith and Life, by the Communion of sufferings. But they miserably cut off themselves, both from their Doctrine, and from our Orthodox Faith.

And therefore, instead of bemoaning themselves, under such Excommunications, and seeking to have them take off, by Complying with the Church; our Blessed Saviour fortifies his …r… followers against them, and bids them, not only patiently to rest under t…em, but triumpha…ly to re oyce therein. They shall put you out … the … ues, says he to …em, and Cautions them not be offended thereat, when it should happen, or not to fall off from him or his ways, to recover the Liberty of the S…nagogues p. 38again, Joh. 16. 1. 2. When they shall seperate you from their company, by Excommunications and Anathema's, and shall reproach you, and cast out your name as evil for the Son of Mans sake; rejoyce ye in that day, and leap for joy; for, behold! Great is your Reward in Heaven; for in the like manner did their Fathers unto the Prophets. Luk. 6. 22, 23. And thus, the Holy Apostles, and Faithful Adherers to Gods Truth, and Worship, and good Christian Practices, did in all times, when, for such Adherence, they fell under the Anathema's of Synods, or the Excommunication of Churches, during the Papal, or any other former, or later Persecutions. They joyfully received such sentences, and always owned one another, and held Communion in Adherence to Gods word and ways, among themselves; when they were cast out of the communion, of such corrupt and Apostatizing Synods, or Churches.

And 'tis the same, when it shall deprive or discharge any Faithful Bishops and Ministers, from supporting such necessary Doctrines, worship, and practices, by their Ministrations, as Christ requires. For then, notwithstanding such deprivations and discharge, by Churches and Synods, CHRIST'S Faithful Ministers must hold on Ministring, and his faithful People must hold on Communicating, and Adhereing to them therein. Thus, as our LORD **Luk. 6. 22, 23.Luke 6:22Luke 6:23Notes, their Fathers had Separated and cast out the Old Prophets, from Prophesying in their Company, or Assemblies: Who still went on Preaching and Ministring the Word, which they were sent out to publish. And thus the Sanhedrim, that great Synod of the Jewish Church, discharged the Apostles from Ministring Christianity, or Preaching any more in Christs Name; who told them, they could by no means desist thereupon, but must hold on their Ministration, being to Ovey God rather than men. Act. 4. 18, 19, 20.

Thus also several Synods Deprived Athanasius, and the other Orthodox Bishops, who were the stout Asserters and Maintainers of the Divinity of our Lord, against the Arians. Such was the Synod of Tyre. And such also was the Synod of Antioch, whose Deprivations of Athanasius and the other Orthodox Bishops, were a Blow made at the Nicene Faith: though their Canons, being good, and according to Primitive Usage, were by Orthodox Councils afterwards taken into the Book of Ecclesiastical Canons, out of which, **As Can. Antioch. 4, 5, 16. vid. Con. Chalced. Part 2. Act. 4. p. 324. & p. 319. & Part 2. Act. 11. p. 406. Tom. 3. Conc. Ed. Bin.Acts 4Acts 11several of them are repeated verbatim in the great Council of Chalcedon, and are there, among the Canons of others Synods, ††Concil. Chalced. Can. 1.taken in to be Canons of the Universal Church. And such likewise were the deprivations of other Synods, assembled in that Cause afterwards.

Now under these Synodical deprivations, the great Business of those suffering Bishops, was to shew, that whatever other Immoralities or Personal p. 39Crimes were pretended against them, (as several were most impudently pretended, against all Ground and Reason,) yet in reality and truth, their deprivations were for the Cause of the Faith, or for their firmness in maintaining the Divinity and Consubstantiality of Christ with the Father. This, Athanasius, and Paulus, plead for themselves, teaching, **foreign.That their Depositions were not for any other Cause, but for the subversion of the Orthodox Faith, as is related by ††L. 2. c. 20.Socrates and ‖‖L. 3. c. 11.Sozomen. And what they made appear to the Emperor Constans, was, That they suffered, ††foreign, Soz. l. 3. c. 10. p. 511.not for the Crimes or ill Lives they were accused of, as the sentence of Deposition did contain, but for their thinking, and teaching differently from the Synods their D…posers, about the Faith.

And when it was once clear, to any Persons, or Churches, that they were deprived for the cause of the Faith: they were not hindred by any Authority of external Judicature, in the Synods their deposers; but readily received, and communicated with them, as Christs true Bishops still in those places. For, notwithstanding these Synodical Deprivations, Athanasius was all the while own'd and adher'd to by the Faithful Aegyptians; as Paulus also was by the Faithful Constantinopolitanes. And when they came to Rome, on their giving full satisfaction in this Point, Julius the Bishop of Rome received them to Communion. Hearing the Cause of each, **Hist. Eccl. l. 3. c. 8. p. 507.Sir 50:3says Sozomen, and finding them all to agree in the Nicene Faith, which he saw undermined and struck at by their Deprivers, he received them to Communion, as being of the same Belief with himself.

This Reception of Athanasius and others, who stood deprived by the Synods of Tyre and Antioch, &c. to his Communion, was before the Synod of Rome, wherein the Orientals should have justified their Proceedings, had acquitted and received them. For before the Synod was held at Rome, in the Cause of Athanasius; Pope Julius, gave Notice of the time appointed for it, to the Eastern Bishops, who had been Deposing Athanasius at Antioch, and substituting Gregory in his place; writing to them, to send some of their number, to clear the justice of their sentence and proceedings in that cause. This is plain from Athanasius, who **Apol. 2. adv. Arian. sub. …it.says it was held after the Letters sent by Eusebius, and after both the Eusebians, and he himself had been cited to appear at it. And also from Pope Julius's ††…. p. 739.Letters to them, on the Request, and at the Conclusion, of the Roman Synod, wherein he mentions the return of his Presbyters, Elpidius and Philoxenus, who were ‖‖… ad Solit. p. 816,sent with the former Letter, and the answer they had brought him from Eusebius, and the Orential Bishops. But before this first Letter, to notifie the time appointed for the Roman Synod to the Orentials; Julius, on plain appearance, that their sufferings p. 40were not for any other pretended Crimes, but only on account of the Orthodox Faith, had embraced the Communion of Athanasius, and the other Deposed Bishops. For Sozomen **l. 3. c. 8. p. 597.relates, that on his receiving them to Communion, he writ that Letter to the Orientals, taxing their unjust sentences and attempts upon the Nicene Faith, and calling them to the Synod to be held at Rome, there to justifie their proceedings against them. And in the Letter, which the Orientals sent back to him, which he received, as I have now shewn, before the sitting of the Roman Synod, and which was read to the Bishops therein Assembled; they **Soz. ib. p. 508complain of his having Communicated with Athanasius, and his Adherents, which they said was a Reproach cast on their Synods, and an Abrogation of their sentence. So that his disregard of the Synodical Deprivations of Athanasius, and the other Orthodox Bishops, Deposed in the Synods of Tyre or Antioch, was not on account, of their having been regularly reversed, by any Superior External Judicature. But it was, as having been of no force and effect in themselves, because passing on Christs Faithful Pastors, for their Fidelity and Firmness to the True Christian Faith.

Besides, when the Synod at Rome sate in the cause of Athanasius, and the other Orthodox Bishops, and Synodically admitted them to Communion: I do not see, how, in the Regular way of External Judicature, this could take off the Deprivations by the foremention'd Synods. For the Synod at Rome, was inferior in Number of Bishops, Consisting, as Athanasius **Ep. ad Solit. p. 818.says, only of about Fifty Bishops. Whereas the Synod of Tyre, besides the Egyptians, who came along with Athanasius, Consisted of sixty Bishops met there from divers places **L. 1. c. 28says Socrates; and the Synod of Antioch, which again Deposed him, and the other Orthodox Bishops, consisted of Ninty seven, as Sozomen **L. 3. c. 5. p. 501.reports. And moreover, the Synod of Rome, consisted of Bishops, who lived more remote and further off, and were Subjects of another Prince, viz. Constans. Whereas the Synods which deprived them, Consisted of the Neighbouring Bishops, some of them Comprovincials to the accused parties; and were Subjects of their own Emperor, viz. Constantius, whose censure may seem more concluding on the Fellow-Bishops of their own Empire. So that Julius, and his Fifty Bishops in the Roman Synod, could not reverse the Depositions of those former Synods, in Regular way of outward Judicatures.

But yet finding, whatever other things were pretended, that in reality they had been deposed in those Synods, for their Firmness to the Nicene aith, in prejudice whereof there lyes no power of depriving in any Synods; before any Superior, or more general Council had reversed their depositions in Regular way of External Judicature, they took part, and Communicated with Athanasius, and the other Deprived Bishops. And this, the Faithful Aegyptians, both Clergy and People, had done, without any regard to the Deprivation of those Synods, p. 41all the time of Athanasius's forced absence from them; and are applauded by Pope Julius for the same. For, in his **Ap. Soc. Hist. Ecc. l. 2. c. 23. p. 109. 110, 111.Sir 50:2Letter to the Church of Alexandria, after the Synod of Sardica, on the Restitution of Athanasius to his See; he extols them, for their firm and constant adherence to the right Faith, and to him their Bishop, who had been so glorious a Confessor and Maintainer thereof, all the while he was violently torn from them, and another obtruded on their Church in his room.

And like to this, has been the Practice, I think, of all times. For still, as Errors and Corruptions, in Doctrine, Worship, and Practice, prevailed and became general in any places; on any considerable opposition made to them by Christs faithful Ministers, to silence Gain-sayers, they have had the establishment of Synods. And these Synods, have anathematized the Truth, condemned and deposed the Preachers, and excommunicated and cast out the Adherents and Practicers thereof. But yet the Preachers and Ministers of God's Worship and Truth, have still held on their Ministrations, and God's faithful People have stuck to them therein: And under all the depositions and excommunications, of Councils or Churches, they have kept Communion with one another, in these necessary Truths and Ways of God, which Corrupt and Apostate Councils have anathematized. Or else, under that power of Error, which has so often tyrannized over the Truth, more especially in the Arian Persecutions, and in the several steps and advancements of the Papal Corruptions, the pure Worship and Doctrine of Christ, had perish'd, and all Face of a true and unadulterated Church had long since failed from off the Earth.

This I say, in case of Depositions, or other Censures, for the Cause of the necessary Truths, or Worship of Jesus Christ. In deprivations for other things, or on pretence of mere personal Crimes, the Case, I grant, may be otherwise. For in them, though the Sentence be unjust, it is a personal Wrong, and affects the sufferers themselves. And in private sufferings, 'tis reasonable to bear much for Orders sake, and to be tyed up to ways of Order for Redress: So that such sufferers, shall be bound to rest under the judicial Injustice, till they can have it reversed in like sort as it was laid on, viz. in way of Judi…ature, or by Regular Appeals. And accordingly in all depositions, for such private or personal Crimes, this is required by the Antient Canons. If a Bishop, Presbyter, or Deacon, say the Councils of **Held An. 419.Carthage and ‖‖Held An. 347.Sardica, (and the same Determinations, ††foreign, Bals. ad Can. 12. Concil. Sardic.says Balsamon, are to be taken as meant of Lay-men too,) be deposed, on pretence of his Idleness and Neglects; let him not dare, say they, to go on, or to assert his former Right of Communion, during the time of his Excommunication, p. 42**foreign, Concil. Sardic. Can. 14. foreign, Conc. Carth. Can. 32.till his Cause has had a new Cognizance and Examination, or been heard over again. And if, before such re-hearing, he presume to do otherwise; he shall be judged, say the Fathers at Cartharge, thereby to have given sentence of Condemnation against himself.

But in Depositions or Excommunications, for doctrinal Truths, and spiritual Ministrations; there is not only a Wrong to themselves, but a Wrong to Religion. And there they must go on, for the sake of Gospel-worship and doctrines, which are Christs Cause; though they would be content to suffer and sit still, so far as it is their own. And accordingly, the Council of Constantinople, entituled, Prima & Secunda, excepts the Case of **foreign, Conc. Const. 1 & 2 Dict. Can. 15.Heretical Prelates promoting or pushing on any Heresies, when it requires Inferiors to stay for a synodical Cognizance, before they break off dependance from their Prelates, in all other Cases.

Though Synods therefore, are the most Venerable Ecclesiastical Judicature here on Earth; yet is all the Obligation and Authority, of their decisions or sentences, within this Compass. They have no Effect, or Force, against the Truth, as St. Paul **2 Cor. 13. 8.2 Cor 13:8says, or against any for adhering to it. So that they are to affect none, who have Christ and his Truth plainly on their side. Nor do their judgments and definitions, bar those, who are concerned to take Notice of them, from examining and judging for themselves, whether they strike at any part of Christian Truth and Religion, before they pay Obedience to them. I grant, there ought to be great deference to their determination; and all private Persons are to use great modesty, and care, in judging after them; and need to look, that the blow and destruction thereby made, to any necessary Truth or Practice of our holy Religion, be very plain, before they over-look and disregard what they order. But still, judge they must, because in all their belief and practice in these things, it is not any implicit dependance on men, or a blind obedience to any humane sentence or decision; but observance of the Truth it self, or of what Christ has appointed in his Word, that must justifie them. And therefore, if on an humble and diligent examination, and by plain evidence, it appear, that in their definitions of Articles, or censure of Persons, they strike at the Truth, and seek the overthrow of any part of Religion; p. 43their Acts are to be esteemed as of no effect, and all concerned Parties, both Clergy and People, are to go on doing the same, in Religious Ministration and Communion, as if there were no such thing. More just, and authoritative Synods, they will be like to seek; and appeal from these, in a regular way, to others more general, which, in external way of humane judicature, shall reverse their unjust sentences. But suffering all in the Cause of Truth and Religion, they will not desist in the mean time; but go on, notwithstanding any such synodical Anathema, or Deprivation, in true spiritual Ministrations and Communion.

p. 1PART III. Of Schism.