CHAP. I. Eight Propositions , whereby the lawfulness of this Reformation is to be tryed .

§ . 1 TO finish these Discourses of Church Government , Eight Theses pre-posed , whereby to try the lawfulness of this Reformation . there remain yet behind some Considerations concerning the lawfulness and regularity of the Reformations made here in England , in the days of Henry the Eighth , Edward the Sixth , and Queen Elizabeth , according to the Principles already established . Of which Reformations that you may make the more exact judgment ; 't is fit to remind you , first of these few Propositions , which have been cleared , or do necessarily follow from what hath been cleared in the former Discourses . And they are these ;

The First , §. 2. Thes. 1. That , amongst other offices and authorities which the Clergy , Christ's substitutes , ( by Clergy I mean the lawful Church-Authority ) have received from him , as God's High-Priest and Prophet , these are two principal ones . First , The power to determine Controversies in pure matters of Religion , and to judge and decide , ( where doubts arise ) what is Gods Word and divine Truth ; what are errors , in the Faith , or in the practice and performance of Gods Worship and Service ( which errors in Practice always pre-suppose some error in matter of Faith . ) And Secondly , The power , to promulgate , teach , preach , and make-known such matters , when decided by them , to Gods people , who are , for doctrine in Spiritual things , committed to their charge ; and to require their obedience and submission thereto ; with power to execute the Ecclesiastical Censures ( which have reference to things not of this , but of the next , world ) upon all such , as disobey their Authority : else what profits the Church a silent determination of a Controversy , more , than letting it alone ; a concealed , more than a non-decision thereof ? And these things from our Saviours Commission they are obliged to perform , and consequently to use such Assemblies and Meetings together , Consults , Summons , Examinations , &c. Without which such things cannot be performed , tho' any Civil or Secular power , Heathen , or Christian ( who perhaps may be an Heretick or Schismatick ; as some Christian Princes have been Arians ) doth oppose them . [ So , a Christian Emperor Constantius being an Arian , and prohibiting in his Empire the promulgation of the Orthodox Doctrine of the Trinity , yet the Western Catholick Bishops , nevertheless , did promulgate their definition of the Consubstantiation of the Son with the Father . ] And indeed of these two Secular Powers the Christian , if either , seems to have the less capacity to hinder or resist them : because he professeth himself , with the rest of the Christians , as to the knowing of Spiritual Truths , a Subject , and a Scholar of the Church ; and because he so earnestly claimeth a Supreme Power , and professeth an Obligation from God over all persons , in all Spiritual matters , to bind them , upon Temporal punishments , to the obedience of the Church's ( or Clergy's ) Determinations and Decrees . But if he meaneth here , only where himself first judgeth such their Decrees orthodox and right , this power is , ( in effect , ) claimed , to bind all persons , in all Spiritual matters , only to his own Decrees ; whilst he pretends an Obligation both of himself and of his Subjects to the Churches . Yet so it is indeed , that all Princes whatever , even the Heathen , have such an Obligation from God : Nor doth any Text of the New Testament give Christian Princes more Authority over the Church , to restrain any Liberties thereof , than it giveth to the Heathen Princes . For all the Texts , which are urged thence , ordain obedience of Church men to the Pagan Princes that then Reigned , no less , than to others . And all Princes are obliged , with the Sword , which God hath given them , not only not to persecute , but to protect and defend , his true Religion and Service in their Dominions , whensoever it offereth it self to them , and claimeth their Subjection and Protection . See Psal. 2.1 , 2 , 10 , 11 , 12. Tho the Obligation of some Princes to this may be more than that of others , as he hath had more divine Truth revealed , and hath received more favors from God and his Church . See these things more largely handled before , in Succession of Clergy , &c. And in Church Government . 1. Part. §. 38.

§ . 2 Neither doth that , which is ordinarily urged , viz. That the Acts and Laws of the ancient Councills of the Church de Facto had always the Christian Emperors consent , ( tho indeed they always had not : not the Anti-arian Councills in Constantius his time , and yet they were obliging in the establishing the Nicene Decrees ) prove , that they were not of force without such consent : nor doth the Councills intreating the Emperors consent , when Christian , prove ; they did this , to legitimate the making or enjoyning of such laws ( for such laws they had formerly both made , and imposed , when Emperors were their enemies ) but to strengthen the observance of them . Indeed the Prince , who beareth the Secular Sword , his giving to the Ministers of Christ his licence , to exercise their office , and their ecclesiastical censures in his dominions , or in any part or province thereof , as it implies the prohibiting of his officers or subjects any way to disturb them , is to great purpose , and therefore much to be desired ; But it sheweth not , that it is in his just power to deny them such licence . ( I mean in general ; for I meddle not here with the Princes denying some of them to do these things , whilst he admits others ) ; or that his officers or subjects , without it , may lawfully disturb them in any part of their Spiritual Function . Touching these things this is the concession of Bishop Andrews ( Tort. Tort. p. 366 ) potestatis merè Sacerdotalis sunt Liturgiae , Conciones [ i. e , docendi munus , & dubia legis explicandi , as he saith , ibid. p. 380 ] claves [ to which he adds Censurae p. 380 ] Sacramenta [ & omnia , quae potestatem ordinis consequuntur p. 380 ] and ( somewhat more plainly ) of Bishop Carleton in his Treatise of Jurisdiction Regal and Episcopal 1. c. p. 9. As far Spiritual Jurisdiction ( saith he ) standing in examination of controversies of Faith ; judging of Heresies ; deposing of Hereticks ; excommunications of notorious and stubborn offenders ; ordination of Priests and Deacons ; institution and collation of Benefices and Spiritual Cures ; this we reserve entire to the Church ; which Princes cannot give to , nor take from , the Church . So he saith , p. 42. That external jurisdiction is either definitive or mulctative . Authority definitive in matters of Faith and Religion belonged to the Church : Mulctative power is understood , either as it is with coaction , or as it is referred to Spiritual censures . As it standeth in Spiritual censures , it is the right of the Church , and was practiced by the Church , when without Christian Magistrate , and since . But coactive Jurisdiction was always ways understood to belong to the Civil Magistrate , whether Christian , or Heathen . And by this power ( saith he , c. 4 p. 39. ) without coaction , the Church was called , Faith was planted , Devils were subdued , the Nations were taken out of the power of darkness , the World reduced to the obedience of Christ ; by this power , without coactive Jurisdiction , the Church was governed for Three Hundred years together . [ But , if it be inquired what was done , when the Emperors were Christian , and when their coactive power came in ? ] The Emperors ( saith he , p. 178. ) never took upon them by their authority to define matters of Faith and Religion ; that they left to the Church . But when the Church had defined such truths against Hereticks , and had deposed such Hereticks ; then the Emperors , concurring with the Church by their Imperial Constitutions , did , by their coactive power , give strength to the Canons of the Church . But then : what if the Emperors , being Christian , should take upon them , by their authority , to define matters of Faith , or should use their coactive power against the Canons of the Church ? Take the answer of another reformed Writer , Mr. Thorndike . Right of Church 4. c. p. 234. The power of the Church is so absolute ( saith he ) and depending on God alone , that if a Sovereign professing Christianity should forbid , the Profession of that Faith , or the exercise of those Ordinances , which God hath required to be served with , or even the exercise of that Ecclesiastical power which shall be necessary to preserve the Unity of the Church ; it must needs be necessary , for those that are trusted with the power of the Church not only to disobey the Commands of the Sovereign , but to use that power , which their quality in the Society of the Church gives them , to provide for the subsistence thereof without the assistance of Secular powers . A thing manifestly supposed by all the Bishops of the ancient Church in all those actions ; wherein they refused , to obey their Emperors seduced by Hereticks , and to suffer their Churches to be regulated by them , to the prejudice of Christianity . Which actions whosoever justifies not , he will lay the Church open to ruine , whensoever the Sovereign power is seduced by Hereticks . And such a difference falling out [ i. e , between Prince and Clergy , in Church matters ] as that to particular persons it cannot be clear , who is in the right ; It will be requisite ( saith he ) for Christians , in a doubtful case , at their utmost perils , to adhere to the Guides of the Church against their lawful Sovereigns , tho to no other effect , than to suffer [ if the Prince impose it ] for the exercise of their Christianity , and the maintenance of the Society of the Church in Unity [ tho contrary to the Sovereigns commmands . ] Thus Mr. Thorndike , in Right of the Church , 4. chap. And like things he saith in his Epilog . of the Church of Engl. See there 1. l. 9. c. the Contents whereof touching this Subject he hath briefly expressed thus : That that power , which was in Churches under the Apostles , can never be in any Christian Sovereign . That the Interest of Secular power in determining matters of Faith presupposeth the Society of the Church , and the Act of it . That the Church is the chief Teacher of Christianity thro Christendome , as the Sovereign is of civil Peace thro his Dominions . And there he giveth reasons why the Church is to decide matters of Faith , rather than the State , supposing neither to be infallible . And see 1. l. 20. c. p. 158. Where he saith , That He , who disturbs the Communion of the Church , remains punishable by the Secular power ( to inflict Temporal Penalties ) not absolutely , because it is Christian ; but upon supposition , that this Temporal power maintaineth the true Church . And afterward , That the Secular power is not able of it self to do any of those Acts , which the Church ( i. e , those who are qualified by and for the Church ) are qualified by vertue of their Commission from Christ to do , without committing the Sin of Sacriledge ( in seizing into its own hands the powers , which by Gods Act are constituted ; and therefore consecrated and dedicated to his own Service ) not supposing the free Act of the Church , without fraud and violence , to the doing of it ; [ i. e. joyned to the Secular power , doing such Act. ] Now amongst the Acts and Powers belonging to the Church ( which he calls a Corporation ) by divine right and appointment he names these l. 1. c. 16. p. 116. The power of making Laws within themselves ; of Electing Church Governors ( of which see 3. l. 32. c. p. 398 , ) and of excommunicating , and ( 3. l. 32. c. p 385 , ) the power to determine all matters , the determination whereof is requisite to maintain the communion of Christians in the Service of God ; and [ the power ] to oblige Christians to stand to that determination under pain of forfeiting that Communion ; the power of holding Assemblies , of which he speaketh thus 1. l. 8. c. p. 54. I that pretend the Church to be a Corporation Founded by God upon a Priviledge of holding visible Assemblies for the common Service of God , notwithstanding any Secular force prohibiting the same , must needs maintain by consequence , that the Church hath power in it self to hold all such Assemblies as shall be requisite to maintain the common Service of God and the Unity in it , and the order of all Assemblies that exercise it . Thus Mr. Thorndike . Discourse of Episcopacy and Presbytery p. 19. And thus Dr Fern of the power of Judicature belonging to the Clergy . It is confessed ( saith he ) on both sides , that the power of Ordination and of Judicature , so far as the Keys left by Christ in his Church do extend , is of divine Institution ; and that this power must be exercised or administred in the Church by some [ either Bishops or Presbyters ] is also confessed to be of divine right Therefore , surely , no Secular Prince can justly prohibit within his dominions the exercise of such Judicature ; nor , prohibiting is to be obeyed ; and Christ's substitutes , herein being denyed the assistance of the Civil power , are to proceed without it . To these I will add what Dr. Taylor hath delivered on the same Subject in Episcopacy asserted ; and this the rather , because this Treatise was published by the Command of so understanding a Prince . He , after that , p. 263. he hath laid this ground for the security of Secular Princes ; That , since that Christ hath professed , that his Kingdom is not of this world , that Government , which he hath constituted de novo , doth no way make any intrenchment on the Royalty ; hath these passages . P. 237. he saith , That those things which Christianity ( as it prescinds from the interest of the Republick ) hath introduced , all them and all the causes emergent from them the Bishop is Judge of . Such are causes of Faith ; Ministration of Sacraments ; and Sacramentals ; Subordinations of inferiour Clergy to their superiour ; Rites , Liturgies , &c. As for the rights of the Secular power , he layeth down this Rule , p. 236 Whatsoever the Secular Tribunal did take cognizance of before it was Christian , the same it takes notice of after it is Christened . And these are : All actions civil , all publick violations of Justice , all breach of Municipal laws . These the Church ( saith he ) hath nothing to do with , unless by the favour of Princes these be indulged to it [ these by their favour then indulged , but not so the former . ] . Accordingly p. 239. he saith : Both Prince and Bishop have indicted Synods in several ages upon the exigence of several occasions , and have several powers for the engagement of clerical obedience and attendance upon such Solemnities . That the Bishops jurisdiction hath a Compulsory , derived from Christ only , viz. Infliction of Censures by Excommunication , or other minores plagae , which are in order to it . And that the King is supreme of the Jurisdiction , viz. that part of it , which is the external compulsory [ i. e , as he saith before ] to superadd a temporal Penalty upon contumacy , or some other way abett the censures of the Church . P. 243. he saith , That in those cases , in which by the law of Christ Bishops may , or in which they must , use Excommunication , no power can forbid them . For what power Christ hath given them , no man can take away . And p. 144. That the Church may inflict her censures upon her delinquent children without asking leave ; that Christ is her 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for that ; he is her warrant and security . And p. 245. That the Kings supreme regal power in causes of the Church consists in all things , in which the Priestly office is not precisely , by Gods law , employed for regiment and cure of Souls : [ I suppose those he named before p. 237. ] and in these also , that all the external Compulsory and Jurisdiction [ as he expoundeth it before p. 239 ] is the Kings . And lastly , p. 241. he saith , that the Catholick Bishops [ in time of the Arian Emperors ] made humble and fair remonstrance of the distinction of Powers and Jurisdiction ; that as they might not intrench upon the Royalty , so neither betray the right which Christ concredited to them to the encroachment of an exteriour Jurisdiction and Power , [ i. e , the Royal. ] See the like expressions frequent in Bishop Bramhal , Schism Guarded , p. 61. All which our Kings ( saith he ) assume to themselves , is the external regiment of the Church by coactive power to be exercised by persons capable of the respective branches of it [ i. e , of that regiment ; ] and p. 63 , He comments thus on the 37th Article of the Church of England . You see the Power is political , the Sword is political , all is political . Our Kings leave the power of the Keys and Jurisdiction purely Spiritual to those to whom Christ hath left it . And p. 92 , he saith , We see the primitive Fathers did assemble Synods and make Canons before there were any Christian Emperors ; but they had no coactive power to compel any man against his will [ this therefore is the power which Christian Princes bring in to them , without taking away , I hope , any of that power which the Church from Christ held under Heathen Princes . ] And p. 119 , We acknowledge , that Bishops were always esteemed the proper Judges of the Canons , both for composing of them , and executing of them ; but with this caution , that to make them laws [ he means such Laws , for observance of which Secular coaction might be used , ] the Confirmation of the Prince was required , and to give the Bishop a coactive power to execute them , the Princes grant or concession was needful . [ Doth not this Bishop mean here , that Bishops may both compose and execute Canons in the Kings dominions , and use the Ecclesiastical censures by their own authority ; only that they can use no coaction by pecuniary or corporal punishments in the execution of them , without his ? But see below § . 22. The Bishops deprived of the former power in the Reformation : See more of this § . 35. N. 2. ] And Answer to Chalc. p. 161. he saith , It is coercive and compulsory and corrobatory Power , it is the application of the matter , it is the regulating of the exercise of actual Ecclesiastical Jurisdiction in the [ external ] Court of the Church ; [ Why or under what pretence ? ] to prevent ( saith he ) the oppression of their Subjects , and to provide for the tranquility of the Common wealth , [ not therefore to examine , what in those external Courts of the Church is passed agreeable or disagreeable to Gods word ; for this Princes are to learn from those Courts ] which belongs to Sovereign Princes . Thus he Lastly see the Kings last Paper in the Isle of Wight , p 3. where it is said . That tho the Bishops in the times under Pagan Princes had no outward coercive power over mens persons or estates [ no more have they now except from and during the Princes pleasure : ] Yet inasmuch as every Christian man , when he became a member of the Church , did , ipso facto and by that his own voluntary Act , put himself under their Government [ so Christian men do still , Princes and all ] they exercised a very large power of Jurisdiction in Spiritualibus ; in making Ecclesiastical Canons , in receiving Accusations , conventing the accused , examining witnesses , judging of crimes [ against Gods law ] excluding such men , as they found guilty of scandalous offences , from the Lords Supper , enjoyning Penancies upon them , casting them out of the Church , receiving them again upon their Repentance , &c. [ Now I subsume , the same making of Ecclesiastical Canons , the same Church Discipline , casting out of the Church or Excommunication , &c. they are , and must be allowed still in Christian States ; being things which as Bishop Carleton saith , Princes can neither give to , nor take from , the Church . And therefore they must be allowed still all those means absolutely sine-quibus non such things can be done : and these are means absolutely necessary ; Convening , for the making of Canons : Knowing the Fact , for Excommunication : therefore , in case the Christian Prince will not call them , they may assemble themselves , when the Church's necessities require such Canons ; and when the Christian Secular Courts will not , they may examine the Facts of those who are accused to them of Delinquency : but this in order to Church punishments only . When ever the Christian Prince or State is to them as a Heathen , in his withdrawing and prohibiting these necessary things , then may they behave themselves as formerly in Heathenism , i. e , do these things without their leave , against their prohibitions . All the Plea , that a Secular State subjecting it self to the Church can make for medling in such Spiritual affairs , seems to be this ; that the Church shall not be troubled ( now as formerly ) to do all , because the State with its more awing power will do something for it . Which is , the assisting of the Church in her business , not the abridging of her in her power . ]

The Second Thesis . That the Clergy cannot alienate or make over and give away to the Secular Governor , §. 4 Thes. 2. or to his Ministers and Delegates , any authority or office , which they have received and been charged with by Christ , with a Command to execute the same to the end of the world , and with a threat to become answerable to God for any miscarriage of the people by their default therein . From which it follows , that the Clergy's doing of either of these Two things . First , The binding themselves for ever to any Secular Governor , never to make , or never to teach abroad and publish to the people his Subjects any judgment or decision of theirs , made in matters of Faith and Gods Worship , or made for reforming some Error or Heresy , or other abuse in Gods Service , without the consent of such Governor first obtained thereto ( which Governor , as I said , tho Christian and a Believer , yet may be a Sectarist , an Heretick , &c. ) 2. Or Secondly , ( which is yet worse ) the authorizing of the Secular Governor , or of those whom he shall please to choose and nominate ( who will be sure to name those rather of his own Sect ) to determine , and decide , and promulge such Spiritual matters ; for the Clergy , and in their stead : So that now not only the Clergy cannot do such things without such Secular Governor , but also such Governor may do those things without the Clergy . I say , these two are unlawful , as being contrary to the duties of the Clergy , said above ( Thesis the First , ) to be committed to them by Christ .

The Third Thesis . §. 5. Thes. 3. That the Secular Prince cannot depose or eject front the exercise of their office in his Dominions any of the Clergy ; neither absolutely , without any cause pretended : as he may remove those Officers and Ministers under him , who hold their places only durante beneplacite . Nor for a cause alledged : if it be such as this ; namely , for their not obeying the decisions which he or his civil Council shall make in Spiritual matters ; or for their transgressing of the Ecclesiastical Canons ; ² nor can introduce others into the places of the ejected ; without the consent of the major part of the Clergy , or of their Ecclesiastical Superiors ( which consent if he obtain I reckon not this deposition &c. to be his Act , but theirs : ) [ And here note , that what is said of other Clergy , may be said likewise of the Patriarch , for any authority in such Princes Dominions which he stands possessed of by such Ecclesiastical Canons , as cannot justly be pretended to do any wrong to the civil Government . Touching which matter see Church Gov. 1. Par. §. 38. &c. ]

§ . 6 First : The Prince cannot eject them . 1. 1. Neither without giving any cause thereof ; because they hold not these their Offices from the Prince ; much less from him , only during pleasure ; but they receive them by Solemn Ordination from their Predecessors in this Ministery , the Substitutes of the Lord Christ ; even this Office among the rest , to oversee , instruct and use Ecclesiastical Jurisdiction , in making or publishing Ecclesiastical Laws , and imposing censures over the flock of Christ in what Princes Dominions soever , or in whatsoever Province or Diocess thereof , as every one by his Ecclesiastical Superiors is appointed ; as appears by their equally exercising such Office in the three first Centuries in all Dominions distributed into several Provincial and Parochial Governments , ( the Twelve Apostles being said at the first to have allotted to themselves several Circuits after the same manner ) even when the Supreme Power-civil not only licenced not , but opposed and prohibited them to do it on pain of death . Of which matter see Mr. Thorndike Right of the Church 1 chap. Seeing the Church ( saith he ) subsisted Three Hundred years , before any State professed Christianity , whatsoever right it used during that time , manifestly therefore it ought still to use and enjoy : this being the most pertinent evidence to shew the bounds of it [ ( i. e. ) of such rights independent on any Temporal Governor ] See him 4. c. p. 169. And the Apostles themselves were they , who first set up this Church Government in Civil States . And St. Paul made Titus Superintendent of Creet , and Timothy of Ephesus for Spiritual Affairs , without the Secular Governors leave ; * who were , in these places , to ordain others , to preserve for ever the Doctrines and Discipline delivered to them . For this cause ( saith Paul to Titus 1. chap. 5. ver. ) left I thee in Creet , that thou shouldest set in order the things that are left undone , and ordain Presbyters in every City , as I had appointed thee . [ Which ordaining of others signifieth also Institution in the charge , or cure , whereto they ministred ( as Bishop Carleton confesseth Jurisdict . Regal Episcopal 4. chap. pag. 40. ) Again , * Who were , in these places , to receive Accusations ; hear Witnesses ; ( which cannot be without appointed Assemblies and Meetings ) silence false Teachers ; excommunicate Offenders . See Tit. 1.11 . Rev. 2.20 . 1. Tim. 1.3.5.19 . Against an Elder receive not an Accusation , but before two or three Witnesses . [ Now he ( saith the same Author pag. 42. ) that is appointed to hear Accusations , and to receive the testimonies of witnesses , is seated in a place of judgment with Jurisdiction . ] ( See more of this in Succes Clergy . §. 4. ) and this they did , when the Temporal Governors of those places licenced them not , yea persecuted them . So Athanasius , ejected by Constantius his Emperor from the charge which the Church had committed to him of Alexandria , and Paulus from Constantinople , were nevertheless accounted still the true Bishops of those Sees . Princes indeed may deprive the Clergy at pleasure or according as Covenants made , of what they bestow on them , Houses , Lands , Priviledges , Jurisdictions , Lordships Temporal ; but the Offices abovenamed they bestow not . 2. Again , as Princes may not depose them , at pleasure ; so neither , for any cause , which concerns things Spiritual , without the Clergy's consent . For it is necessary , that a Judge , to be a competent one , have as well potestatem in causam , as in personam : and the Prince ( as hath been mentioned in the first Thesis , ) hath no authority to judge such causes meerly Spiritual . To this may be added ; that neither Heathen nor Heretical Prince can justly prohibit totally all that Clergy , whom the Church declares Orthodox , from entring into , or from preaching and otherwise officiating in Divine matters within his Dominions . And if he put such to death for disobeying this his Command , when as it is contrary to Gods , and Christs , who sendeth them to all Nations , in effect he puts them to death for obeying Gods Command , and they dye Martyrs . As also the Primitive Martyrs were put to death for not obeying the Emperors Laws concerning matters of their Religion .

§ . 7 Second : 2. As the Prince cannot thus eject or depose Clergy ; so neither can he introduce any into the place of those who are ejected or deceased , without the concurrence of the Clergy . For such person must be ordained by the Clergy , before he can officiate ; and must have the consents or approbation of his Spiritual Superiors ; a Bishop of his Metropolitan ; a Metropolitan , of his Patriarch ; and also of the major part of the Clergy of the Province which he belongs to [ I mean Clergy Episcopal ] before he can be rightly ordained . See Conc. Nic. can. 4. and 6. And Conc. Nic. 2. can . 3. Can. Apost . 31. Conc. Gen. 8. nm can. 10.12.22 . Conc. Laodic , can. 13 With the Concessions of Dr. Field of the Church , p. 581 , and p. 551. And of Bishop Bramhal Vindic. p. 257. and others quoted in Chur. Gov. 1 part . § . 9. And of Mason de Minist. Angl. 4. l. 6. c. And of Mr. Thorndike Right of the Church , 5 c. p. 248 , &c. Which Canons were purposely made to exclude for ever out of the Clergy those , who are , in the common judgment of that Clergy , corrupt in manners , or factious in opinions . Tho Princes therefore for the greater security of their civil Government , and for the recompence of the great Obligations which the Church hath to their Liberality and to their Secular power , may nominate and recommend a person to the Clergies Election ; yet if they propose not any whom the Clergy thinks fit and canonical ; the Clergy may refuse such presentment ; and in case of no new presentation of a person worthy , may elect some other to teach , officiate , &c , in any part of their Dominions : whom such Princes ought not to refuse , if he be no way prejudicial to the good of their civil Estate . For the Prince can neither prohibite to Christians , tho his Subjects , all Pastors ; nor yet all such Pastors , as the Governors , whom Christ hath set over his people , only think worthy . See Mr. Thorndike , Right of the Chur. 5. c. And indeed all this is but necessary for the propogating , of the Gospel against Infidelity , where the Prince is Heathen ; and of the truth of the Gospel , against Heresy , where the Prince is , or at least may be , a Sectarist , amongst all Nations without depending on any ones leave ; and for the preserving of the Church uniform , entire , and incorrupt , in her Doctrine and Discipline . For if Temporal Governors could at their pleasure , or , as they thought meet , place and displace the Clergy , tho they cannot state all Divine matters by themselves , yet may they make the Church's Synods ( which is all one ) to state them according to their minds , either by introducing some de novo who are for them ; ( as Princes can never want those who conform to , or at least comply with , their judgment ; ) or by removing some who oppose them ; and so making , the formerly lesser , then , a major part in such Assemblies . Thus Constantius an Arian , by unjustly displacing the Bishops procured Arianisme to be voted in several Eastern Synods .

§ . 8 Meanwhile , let it here be granted ; that , cui conceditur regnum , necessario omnia censentur concessa , sine quibus regnum gubernari non potest ; and therefore that the civil power may judge and eject , and disauthorize Spiritual persons for matters of Secular Judicature , as Treason , and other moral and civil misdemeanors damageable to the Common-wealth ; and such I suppose was the case of Abiathar . And if upon this it should at any time happen ; that the thus ejected be numerous ; and the new ones introduced by any connivance of the rest of the Clergy and by the importunities and threats of the Prince , should be also heterodox and factious ; and by this means the prevailing part of a Provincial , or National , Church , corrupt ; yet whilst Christ hath promised to preserve the main body of his Church from such corruption , we have some remedy from the General , for the delinquencies of such a national Church : in that their Decrees are subjected to the Decrees of superior Councels , nor may these decide any thing against those ; the next Thesis ; which in such case we must repair to .

The Fourth Thesis : §. 9. Thes. 4. That a Provincial or National Synod may not lawfully make any definitions , in matters of Faith , or in reforming some Error or Heresy , or other abuse in Gods Service , contrary to the Decrees of former superiour Synods ; or contrary to the judgment of the Church Vniversal of the present age shèwed in her publick Liturgies ; which judgment is equivalent to that of a General Council of the same age . See this Proposition amply proved in 2. Part. §. 27. and 44. and 55. &c. and in many other places of the precedent Discourses .

The Fifth Thesis : That , §. 10. Thes. 5. could a National Synod make such definitions , yet that a Synod wanting part of the National Clergy , unjustly deposed or restrained ; and consisting partly of persons unjustly introduced , partly of those who have been first threatned , with fines , imprisonment , deprivation , in case of their non-conformity to the Prince's Injunctions in matters meerly Spiritual ; is not to be accounted a lawful National Synod , nor the Acts thereof free and valid ; especially as to their establishing such Regal Injunctions .

The Sixth Thesis : §. 11. 1. ● . Thesi 6th . That the judgment or consent of some Clergy-men or Bishops of a Province , whether sitting by themselves , or joyned with some of the Laity , cannot be called the judgment and consent of the Clergy , or Church of that Province ( tho the Metropolitan be one of them ) when these are only some smaller part of such Clergy . See Can. Apost . 35. Conc. Antioch. 9. c. Neither , since the Clergy is in its self a subordinate and united body , can the Prince , when following the directions of some few Clergy , whom he knows or fears to differ in their judgment from the main body thereof , be said to be guided by his Clergy , but to go against it . For if some smaller part of the Clergy joyned with the Prince could by this outweigh the rest , what opinion can the Prince entertain so extravagant , wherein he cannot draw some Church-men to his side ?

Much less may an Act of Parliament be urged for an Act of the Clergy , because the Lords Spiritual sit therein ; §. 12. n. 2. or because it commonly runs thus : [ Be it Enacted by the Kings most Excellent Majesty , and by the Lords Spiritual and Temporal ] unless it be first shewed that the major part or the Bishops of the Nation gave their consents therein . For since , herein , the Clergy do vote together with the Laity ; and since it is enough , if the major part of the Parliament vote any thing , to promulgate it as an Act of all the Members thereof , and to use the form above-named ; so long as the others Members have no Negative voice to what is passed by this major part ; It would hence follow , that it were an Act of the Clergy , or Synodal , where , not one , or where only some few , of the Clergy do give their consent , if so be that the Laity , that vote with them , do equal or exceed their number . 1. Eliz. 1. c. So An. 1. Eliz. the reintroducing of the Protestant Religion passed as an Act of the Lords Spiritual and Temporal and Commons assembled in Parliament , when all the Bishops , therein present , opposed it . See Camden's An. 1. Eliz. And 1. Eliz. 1. c..

§ . 13 The Seventh Thesis : That , Thesis 7th . tho Secular Princes were allowed to have a decisive power in some matters of Faith , such as are no way formerly determined ( which is contrary to the First and Second Thesis ) yet , for such points as have been formerly determined on any side , here , since a National Synod may not define any such thing contrary to former superior Councils , much less may any Secular person define any such things contrary to those Councils ; or also contrary to a National Synod .

§ . 14 The Eighth Thesis : That , Thesis 8th . as touching Divine truths and matters of Faith ( spoken of hitherto ; ) so now for things of meer Ecclesiastical Constitution , and not Divine Command , Neither National Synod nor Secular power may make any new Canons concerning the Government and Discipline of the Church contrary to the Ecclesiastical Constitutions of former superior Councils , nor reverse those formerly made by them ; at least , so many of these ; as neither the Prince can shew some way prejudicial to his civil Government ; nor the National Synod can shew some way more prejudicial to their particular Church , than the same Constitutions are to the rest of Christian Churches See this Thesis proved in Chur. Gov. 2. Part. § . 63. And 3. Part. §. 13. n. 3. And §. 27. n. 2.

§ . 15 These Theses being set down whereby to judge of the Regularity of a Reformation ; let us now view the carriage thereof here in England in the time of Henry the Eighth , Edward the Sixth , and Queen Elizabeth ; and how far it hath deviated from them . Touching which Reformation , I would desire you to read together with these ●ay Observations what is related in defence thereof by , Dr. Hammond , Schism , 7. c. Dr. Fern in Considerations touching the Reformed Church , 2. and 9. Chap. And Dr. Heylin's Treatise called the Reformation of the Church of England Justified ; lest I may have related some things partially , or omitted some things considerable , in this matter .

And here , §. 16. 1. Three Heads of this Discourse . confining my Discourse to Three Heads , I will first give you an account , how the Clergy , in Henry the Eighth's days , were at the beginning induced to acknowledge the Kings Supremacy in Spiritual matters after another manner , than his Predecessors had exercised it formerly : and , how far only at first they seem to have allowed it . [ I say after another manner than his Predecessors had exercised it formerly . Because some Supremacy , namely this ; of assembling a Synod of the Clergy , upon Temporal punishments in case of Disobedience , by their Writs ( the ancient form of which see in Dr. Heylin , p. 4 ) when any urgent occasions required : as likewise of enjoyning to all their Subjects , as well Clergy , as others , upon Temporal Penalties , the observance of the Decrees and Constitutions of such Synods , or of any other former lawful Councils ( such as the Clergy shall acknowledge to have been the Decrees thereof ) these Supremacies ( I say ) the Princes of this Land before Henry the Eighth , had and exercised ; neither was any such Supremacy usurped , or interrupted , by the Pope . Neither do the Roman Doctors deny such an external coactive Jurisdiction of Princes in Spiritual Affairs ; 1. as to bind their Clergy , upon Temporal Mulcts , to meet together in Council , when the same Princes shall think it necessary ; the Ecclesiasticks being their Subjects , as well as Christs Clergy , and on this account bound to obey them , as well as their Spiritual Governors on the other ; and there being often good cause of their assembling in order to the peace and welfare of the civil State committed to the Princes care , because this dependeth much on the right Government of the Church committed to theirs . Provided only , that these Assemblies be so timed and disposed by the Prince , as that the authority which our Saviour hath committed to the Church concerning the assembling of the same persons be no way disturbed thereby . For doubtless , when both at the same time cannot be done , their Service to the Church is to be preferred before that to the State . 2. as to bind their Subjects , upon External and Temporal Mulcts and Punishments , to observe the Laws and Determinations of the Church . But , First that the Governors of the Church have also power , upon Ecclesiastical Censures , to assemble a Synod of Clergy , when there seems need , tho the Prince oppose it , this indeed those Doctors affirm . And secondly whether , in case that a Prince use his coactive Jurisdiction in Spiritual matters against the Definitions of the Church , then the Pope hath not also virtually some Temporal coactive power against the Prince , namely ; to dissolve the Prince's coactive power , or to authorize others to use a coactive power against such a Prince , in order to the good of he Church , this they bring in question . But then , as his last is affirmed by some of the Roman Doctors , so it is opposed by others of them . ] 2. We will consider what manner of Supremacy was afterward by little and little either challenged by the Prince ; or by the Clergy or Parliament given unto him , as his right . 3. And Thirdly how , according to this their conceived right , those Three Princes acted .