Some thoughts on a convocation and the notion of its divine right with some occasional reflections on the defence of the vindication of the deprived bishops. Hody, Humphrey, 1659-1707. 1699 Approx. 92 KB of XML-encoded text transcribed from 21 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A44094 Wing H2346 ESTC R37493 16963660 ocm 16963660 105505 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A44094) Transcribed from: (Early English Books Online ; image set 105505) Images scanned from microfilm: (Early English books, 1641-1700 ; 1095:4) Some thoughts on a convocation and the notion of its divine right with some occasional reflections on the defence of the vindication of the deprived bishops. Hody, Humphrey, 1659-1707. [4], 36 p. Printed for Tim. Childe ..., London : 1699. Reproduction of original in the Trinity College Library, Cambridge University. Includes bibliographical references. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Childe , at the White-Hart , the West-end of St. Paul's-Charch-yard , 1699. THE PREFACE . I Shall only thus far endeavour to prepossess the Reader in Favour of the following Papers , as to assure him , That the Author is not Conscious to himself of having advanced any Notion that is repugnant to the Sense of Scripture , or Antiquity ; To the Articles of our own Church , or the Opinions of its greatest Divines who have treated this Subject . The Authority of the King over our Convocations has indeed been of late disputed by some ; and a Learned Treatise that was writ in Defence of it , has had the Misfortune of meeting with a great many Enemies , that are very free in thier Censures upon it ; what their Reasons are themselves best know : For they are so kind as not to let them appear in Publick . But these Papers are only designed to give as true a State and Notion of the Controversie as the Authors Enquiries could lead him into , and not for a Vindication of others Opinions : And if they should chance to fall in with any of those delivered in that forementioned Treatise , it was no other than a sober and impartial View of the Subject that occasioned it . And I can't but think that they who assent to the Articles of our Church , can hardly deny joyning in the same Notions . It is very common with the Managers of Disputes of late , to fix Characters of Ignominy upon those who dissent from them . And some who have engaged in this Controversie , for want of other Arguments , have thought I suppose to carry the Cause by insulting over their Adversaries as Latitudinarians and Erastians . And therefore , least they should fix the same Titles upon the Author of these Thoughts , he desires they would first answer these two Queries . Whether he who advances no other Doctrin than what has always been maintained by the Church of England , and is intirely agreeable to its 39 Articles , can justly be charged by any Member of that Church , as a Latitudinarian in point of Doctrin ? And whether he who subscribes to the Government of the same Church as by Law Established , and maintains no other Notions but what our Convocations have agreed to , and are at this Day the standing Rules delivered to us in her Ecclesiastical Canons and Constitutions , can by any Member of the Church of England be reasonably charged as an Erastian in point of Church-government ? And if he that guides himself by these Methods is in the wrong , the Church must answer for his Errors , and not he for being obliged to defend her . And therefore the Church must be taxt with our false Principles , if they are such , or it ought to be shewn , wherein we have differed from her . It may probably be one Objection against these Papers , that a Book of Grotius's is sometimes cited in them , which lies under the Censure of Erastian Principles . It is foreign to my present Business to engage in its Defence ; Ger. Vossius * gives it the Character of a most Excellent Book , and offers to defend it against all Opposers . But it is enough to my purpose , that there is nothing cited from him , that is disagreeable to the Doctrines of our Church : And it was not his Authority , but the strength of his Argument , that occasion'd his being introduced in the Debate . But I hope the other Authorities that are here made use of can have no such Objections against them . Tho' if these Papers are condemned they can hardly escape , notwithstanding the Characters they have always bore in the World ought to secure them from such Treatment , since if this Author is an Error , 't is they who have led him into it . SOME THOUGHTS ON A Convocation , &c. THE stating the Rights and Authority of the Clergy , must be confest to be a very nice and tender Point ; and in Attempts of this Nature , it is almost impossible not to offend . Let a Man deliver his Opinions with never so much Sincerity and Caution ; yet after all , he must expect to find that some Party or other will be displeased . The asserting the Privileges of the Clergy , but even as far as those Bounds which Religion and the Laws of the Land have set them , and the Nature of their Function requires , is almost a downright Affront to a sort of Men , who think the whole Order useless , and their Office only an Imposition upon the Rights and Liberties of the rest of Mankind . And the not carrying their Authority to a higher pitch , than the Constitution of the State does or can admit of , or than the Law of God has allowed ; or even to such Immunities , as some Mens mistaken Zeal would challenge to belong to them , is represented as an Indignity to Religion , and an open Violation of the Rights and Honours of that Profession . I shall not concern my self in determining whose Censure 't is most safe to fall under . But this seems very apparent , That the pretending to too unlimited a Power , is as great a Prejudice , and of as dangerous Consequence to the Clergy , as the parting with some of their just Rights and Privileges : Either of these Extreams may be fatal ; and therefore the more Caution is required to avoid them . It is certainly a great Weakness in any Clergy , to raise themselves Enemies in the State , by laying Claim to an Authority which is none of theirs . The intolerable Usurpation of the See of Rome on the Rights of Princes , and the Revolutions occasioned by it , in a great many parts of Europe , afford us Instances enough of this Nature . Let us , in God's Name , maintain the Honours and Privileges of the Holy Function , as far as of right we may ; but let us not extend them to such a Power and Superiority , as neither the Laws of God will justifie , nor those of the Land admit of ; and which the first Ages of the Church ( after the State was Christian ) never exercised . The whole Controversie about a Convocation may be , I think , reduced to this . Either that the time and manner of its sitting , acting or debating , is to be determined by the Laws of the Land , and the Prudence of the supream Authority ; or that the Clergy have a Power by Divine Right , independent on the State , to assemble themselves , decree and enact Ecclesiastical Laws , without the Consent of the secular Authority . If the latter of these Notions be true , 't is plain , That all human Laws to the contrary , can be of no force : A Divine Institution being unalterable by any other Power . And if any other Power has decreed any thing in Opposition to it , 't is a Sin to submit to its Commands . But in Cases of this Nature , where such a Right is pretended , it ought to be made very clear and indisputable from the express Declaration of Scripture ; or at least , from the Practice of the first Christians , where any Parallel Instances can be produced : Though I think this latter is an Argument of far less Authority than the former ; and if there had been Instances of Convocations like ours in the Apostles Days , yet this would not prove their Divine Right , unless there could be shew'd a Command of God for it ; for a great many Examples have not the force of Precepts , even in Scripture it self , but are of an inferiour Nature , and serve for no other Purpose than to direct what may be most proper to be done in like Cases . As the Order of Deaconesses and others , tho' as early as the Apostles Age , is now wholly laid aside . The end of its Institution ceasing , which was to instruct the younger Women in the Faith , when there were stronger Reasons for the abolishing it . Prudence is to judge how far such Examples are to be followed . Now whether this Notion of a Divine Right has any Foundation in Scripture , or can be grounded upon any Examples in the Primitive Church or not ; it is past all Controversie , that our Kings have an Authority devolved on them by our Laws , and acknowledg'd as of Right belonging to them over our Convocations ; and that the Clergy neither have , or can pretend to have , by our Constitution , the Liberty or Power to meet after that manner without their Assent . This is very evident from the Writs , by which they are summoned to assemble . And as they cannot meet but by the King 's Writ , so neither when met , can they make any Canon , or Constitution , without his Licence and Approbation . There is indeed a Convocation always summoned , whenever a Parliament is called , according to the ancient Constitution : And hence some have thought , That they ought to claim the same Right and Liberty to enact Laws for the Good of the Church , as the other for the Advantage and Welfare of the State. But the Case is very different ; the Reasons of calling the Clergy anciently , every Parliament , was upon a Political Account ; because they were then look'd upon as a Member of the Parliament , and could not be taxt but by their own Grants : But that Reason is now , in great measure , out of Doors . And though they are still summoned , that they may be ready upon all Occasions , to advise and counsel the King in making Provisions for the Security of Religion , and the Preservation of the Church ; yet as there is not always the same Necessity for their sitting and acting , as for the Parliaments , so the King is made the sole Arbiter of it . But this Particular has lately been so fully and largely discussed by a very learned Pen , that there is no need of farther Addition . And indeed , if we may stand to the Decision of the Laws of the Land , this whole Controversie will soon be at an end : For it is no difficult matter to be resolved about the Power the King is invested with , by being Head of the Church ; and what Privileges are reserved for the Clergy by their own Suffrage and Decree in Convocation , and by Act of Parliament . The King , by his Power , is to call the Convocation , they are to assemble only by his Writs , they are to debate upon such Matters as he shall offer , and are to constitute no Orders , or make any Laws without his Consent . This is very apparent from the Act of Parliament , where the King 's humble and obedient Subjects , the Clergy of this Realm of England , have not only acknowledged according to the Truth , That the Convocations of the same Clergy , is , always hath been , and ought to be assembled only by the King 's Writ , but also submitting themselves to the King's Majesty , have promised in Verbo Sacerdotis , That they will never from henceforth , presume to attempt , alledge , claim or put in ure , enact , promulge , or execute , any new Canons , Constitutions , Ordinances Provincial , or other , or by whatsoever other Name they shall be called in the Convocation , unless the King 's most Royal Assent and Licence may to them be had , to make , promulge and execute the same ; and that His Majesty do give His most Royal Assent and Authority in that Behalf . And where divers Constitutions , Ordinances , and Canons Provincial , or Synodal , which heretofore have been enacted , and be thought not only to be much prejudicial to the King's Prerogative Royal , and repugnant to the Laws and Statutes of this Realm , but also over-much onerous to His Highness and His Subjects ; the said Clergy hath most humbly besought the King's Highness , That the said Constitutions and Canons may be committed to the Examination and Iudgment of His Highness , and of two and thirty Persons of the King's Subjects , whereof sixteen to be of the upper and nether House of the Parliament of the Temporalty , and other sixteen to be of the Clergy of this Realm ; and all the said two and thirty Persons , to be chosen and appointed by the King's Majesty . And that such of the said Constitutions and Canons , as shall be thought and determined by the said two and thirty , or the more part of them , shall be approved to stand with the Laws of God , and consonant to the Laws of this Realm , shall stand in their full Strength and Power ; the King 's most Royal Assent first had and obtained to the same . Be it therefore now enacted by Authority of this present Parliament , according to the said Submission and Petition of the said Clergy , That they , ne any of them , from henceforth shall presume to attempt , alledge , claim , or put in ure , any Constitutions or Ordinances Provincial , or Synodal , or any other Canons : Nor shall enact , promulge , or execute any such Canons , Constitutions , or Ordinances Provincial , by whatsoever Name or Names they may be called , in their Convocations in time coming ( which always shall be assembled by Authority of the King 's Writ ) unless the same Clergy may have the King 's most Royal Assent and Licence , to make , promulge , and execute such Canons , Constitutions , and Ordinances Provincial , or Synodal , upon pain of every one of the said Clergy , doing contrary to this Act , and being thereof convict , to suffer Imprisonment , and make Fine at the King 's Will. They are indeed left at Liberty , to give what Judgment they think fit , upon such Matters as are offered to them ; and their Determinations and Decisions about them , are solely in their own Breasts : But they cannot have the Force of a Law , unless he will be pleased both to approve and confirm them . And this is the Nature of Ecclesiastical Synods , amongst us by our Constitution . And as this preserves the Authority of the Sovereign , so does it not infringe the Liberty of the Clergy . No Ecclesiastical Canons or Constitutions , can be made without them : Nothing can be accounted Heresie , or censured as such , but what by lawful Synods has been already condemned ; decreed to be such , with the King's Consent by our own Convocations ; whose Acts have been ratified and confirmed by Parliament . Thus , tho' the Clergy can't , by their own Power , meet in Convocation , nor decree or enact any Ecclesiastical Laws without the Sovereign Authority ; yet neither can any Ecclesiastical Canon be made , or any new Heresie be declared , without their Advice and Approbation . Grotius is indeed of Opinion , That the supream Civil Authority , has a Right to make Laws , without the Consent of the Clergy for the Government of the Church . Because if it could not , it would receive some Right of governing from the Synod , and consequently could not be supream ; whereas the highest Power being subject to God alone , has under him the sole Right of Governing . Besides , if the supream Power could not enforce the Observance of that without a Synod , which it might with one , then it should receive part of its Right and Authority to govern from thence : And by Consequence some part of the Government must be lodged in the Synod . Which it can neither challenge by Human or Divine Right . God having no-where committed such a Power to the Church ; and therefore not to Synods . And for these Reasons , he is of Opinion , That the highest Power has a Right to make Orders for the Government of the Church without a Synod . And to confirm it , he adds the Examples of the Hebrew Kings , and some of the first Christian Emperors , that have exercised their Authority about things sacred , without any such Convention of the Clergy . But tho' these Reasons should prove such a Right in General , to belong to the supream Power , yet it cannot be doubted but that the same Power may so far dispense with the Execution of it , as to consent , That no Laws shall be made relating to Religion , without the Counsel and Approbation of the Clergy . But if it may be thought reasonable to have the Advice of the Clergy , in all Matters of such Importance , it must be also absolutely necessary , That the Civil Power which is to enforce the Observance of the Injunctions , resolved on by the Spiritual , should have the Right of judging of its Determinations ; especially , where all Mens Consciences , as well secular as Ecclesiastical , are to be concluded by them . This is most certain , That it is a Duty incumbent on the Prince , whether the Clergy give their Opinions or not , to reform and correct Abuses in the Church , and he must answer for his Neglect to God , if he does not do so . And if before any Declaration of the Judgment of the Clergy , he has a Right to order what is necessary in sacred Affairs , 't is plain , That his Power is superior to theirs ; and that it cannot be less at the meeting of a Synod , than it was before it . The supream Authority continues the same , whether it acts by the Counsel of others , or without it . And there can be no Obligation to comply with it , but that of Reason and Prudence . The Notion of the King's Supremacy , over all Persons , and in all Causes , as well Ecclesiastical as Civil , established by our Laws , owned and asserted by our Clergy , and very frequently vindicated with much Strength and Learning by the greatest Men of our Church , ever since the Reformation , grants all that Right and Power to the King , over Convocations that we contend for . This Power , says the Excellent Mr. Hooker , being sometime in the Bishop of Rome , who by sinister Practices , had drawn it into his Hands , was for Iust Considerations by Publick Consent , annex'd unto the King 's Royal Seat and Crown ; from thence the Authors of Reformation , would translate it into their National Assemblies or Synods : Which Synods are the only Helps , which they think lawful to use against such Evils in the Church , as particular Iurisdictions are not sufficient to redress . In which Cause , our Laws have provided , That the King 's Super-eminent Authority and Power shall serve : As namely , when the whole Ecclesiastical State , or the Principal Persons therein , do need Visitation and Reformation ; when in any part of the Church , Errors , Schisms , Heresies , Abuses , Offences , Contempts , Enormities are grown ; which Men in their several Jurisdictions either do not , or cannot help . Whatsoever any Spiritual Power and Authority , ( such as Legats from the See of Rome , did sometime exercise ) hath done , or might heretofore have done , for the Remedies of those Evils in lawful sort , ( that is to say , without the Violation of the Laws of God , or Nature in the Deed done ) as much in every Degree our Laws have fully granted , that the King for ever may do , not only by setting Ecclesiastical Synods on work , that the thing may be their Act , and the King the Motioner unto it , for so much perhaps , the Masters of the Reformation will grant : But by Commissions few or many , who having the King's Letters Patents , may in the Vertue thereof , execute the Premises as Agents in the Right , not of their own peculiar and ordinary , but of his Super-eminent Power . This Passage , as tho' designed on Purpose against the present Opposers of the King's Supremacy , is not only an Account of the Power our King has over his Convocations by the Law of the Land , but also a Vindication of that Law , in investing him with such Authority . And I the rather thought it deserved to be taken notice of , that I might oppose the Judgment of this great and learned Man to the Censures of two late Authors , who have taken a great deal of Freedom in blackening the Memory of the Convocation in Henry the 8th's Reign , for surrendring up to the King the Right and Liberty of meeting without his Leave . The Author of the Municipium Ecclesiasticum , in his Preface , insults over that Convocation , as under the lash of a Praemunire , and from thence , seeks to prejudice the Authority of the Convocation-Act . But this is a great Blunder ; for the Praemunire was off at least three Years before , and released by Act of Parliament , in the 22d of Henry the 8th , the Convocation-Act being not till the 25th . But to let that pass , this whole Eighth Book of Ecclesiastical Polity , is designed for a Vindication of the Kings Power in that Particular , as also of our Laws , and the Consent of the Clergy , by which it was confirmed . Except therefore , we make the King's Authority over the Clergy , less in the greatest things , than the Power of the meanest Governors is in all things over those which are under them , how should we think it a Matter decent , that the Clergy should impose Laws , the supream Governors Assent not asked ? But lest some sort of Men should pretend , that this 8th Book is not so much , and truly Mr. Hooker's , as those which are published by himself , which however is not questioned by the last of these Authors mentioned , that quotes from it , how much to his purpose , I shall consider hereafter . I shall add a Passage out of his Preface . There was ( says he , speaking in Reference to some who had a Dislike to the Constitution of the Church , then established by Law ) in my poor Understanding , no Remedy ; but to set down this as my final resolute Persuasion , Surely the present Form of Church-Government , which the Laws of this Land have established , is such as no Law of God , nor Reason of Man , hath hitherto been alledged of Force sufficient to prove they do ill ; who , to the uttermost of their Power , withstand the Alteration thereof . Contrariwise , the other , which instead of it , we are required to accept , is only by Error and Misconceit , named the Ordinance of Jesus Christ , no one Proof as yet brought forth , whereby it may clearly appear to be so in very deed . Thus far I have chiefly consider'd what Power the King has over the Meetings of Ecclesiastical Synods , by our Constitutions . And if , in Opposition to this , any Laws had been made whilst we were under the Popish Tyranny , and Usurpation , that had exempted the Clergy from any such Subjection to the supream Authority , as 't is certain there were none , the King 's Ecclesiastical Jurisdiction being always asserted against the Encroachments of the Pope and Clergy upon it ; I think we might justly have deny'd them to be any Argument in the present Controversie . But all that we can urge from our Laws , will prove little in the Case before us , if the Clergy had an Antecedent Right to meet in Convocation by a Divine Commission ; or are invested with a separate Authority , by the Law of God , of making Orders for the Government of the Church , whether the Sovereign Power be Christian or not ; and of obliging all Men in Conscience to observe them , without any Consent or Licence from thence . Now 't is strange , if there should be any such Divine Right , that the Clergy not only at the Reformation , but to this very time , should be so very ignorant of it , as not only by a tacit Consent to submit to , but in all their Writings , acknowledge and publickly defend this superior Power in the Prince , either to prevent their meeting , or forbid their making any Canons , unless they had first obtained his Order and Licence . If this Divine Right had been plainly declared in Scripture , it could not have been over look'd ; and if 't is not plainly there , it can with no tolerable shew of Reason be pretended to . And that this Notion of a Divine Right of Convocations , is altogether precarious , seems evident upon these two Accounts . First , That all the first Synods , where the Emperor was Christian , were summoned and conven'd by his Authority ; and Secondly , That this Power of the Emperor's , was never disputed by the Clergy as an Usurpation upon their Rights ; but on the contrary , was always approved of by them . For the Practice of the Church , in those times , is of great Moment in the present Controversie : For if there is such a Divine Right lodg'd in the Clergy , of meeting , either to decide Disputes , or make Ecclesiastical Laws without the Consent of the Sovereign Power ; it is strange , that the Clergy in those early Ages of Christianity , should so quietly part with their Privilege ; or that an Emperor , who was so mighty zealous for Religion , as Constantine was , should violate the Rights of the Church in so notorious a manner , and overthrow its Constitution even contrary to a Divine Appointment , by summoning Councils , as he did , by his own Authority . If the Clergy had such a Right , as is now pretended , it could not so soon be forgotten , as in Constantine's time ; nor could they have given it up , or the Emperor have taken it from them , without sin . It must then be confess'd , to be a good Argument against the Divine Right of any thing , where the Scripture is silent , that the contrary was practised , within three or four Ages after Christ , even by Men , who are allowed on all sides , to be of the most Orthodox Principles , who could not but know the Rights of the Church ; and who , if they did know them , would never suffer them to be violated . Now that Christian Princes have pretended to this Authority of assembling General Councils and National Synods ; and that the Clergy have met , upon their Summons , is undeniable : And 't is also evident , That the Clergy , when the State was first Christian , never thunder'd out any Anathema's against it , for this pretended Authority ; that they never censured it as an Usurpation upon their unalienable Privilege , but always quietly and readily submitted to the Prince's Summons , without disputing from whence he derived that Power over them . Indeed before the supream Authority was Christian , the Clergy had a Right to convene themselves , to make what Orders might seem requisite for the Good of the Church . In this Case , the Church has a Right like that of the State : In the Vacancy of the Government , the Members of each may assemble , consult , and make Orders , as the Exigencies of the Church or State may require . Some , I know , have insisted upon this as an Argument , to prove an independent Authority in the Church from that of the State ; and they are of Opinion , That the same Liberty which the Clergy then exercised , in meeting upon Affairs of the Church , is still their Right in Equity , tho' the State be Christian. For the Church ought not to lose any of these Rights and Privileges by the Conversion of Princes , which it enjoyed before . But the Case is widely different , and therefore the Reason cannot be the same . The Church and the Common-wealth were then two different Societies , very opposite to each other . But where they profess the same Religion , are incorporated into the same Society , and are under one common Governour , they are both subordinate to that Power , and no Laws can be made to bind either , but what shall be approved of by him : As for the Right which the Clergy had , before the State was converted , it was only prudential , and was theirs no longer , than whilst the supream Power was Heathen . When the chief Authority had no Relation to the Church , it could not be under its Government , but the Care of it must belong to the Clergy , who were then most immediately to be concerned for it . But this Power was to cease , when the chief Governor became Christian , who upon that Account , engaged to defend and protect the Church ; and the Reason of the things , and the Nature of Government , do both require that it should be lodged there . It was the Misfortune of the Church , and the Necessity of the Clergy's taking care of it in a State of Persecution , that made them do it : It was no Privilege belonging to their Function ; and therefore , a Christian Ruler coming , the Power was to return to the right Channel , and the Clergy lost not a Privilege , but were freed from the Burden and Care they had before . For in those things , where there is no Prohibition or Caution in the Divine Law , the Church is to be subject to human Government . What is commanded by God , must not be omitted by the Church ; but in Matters which are left purely to human Prudence , the supream Governour is to be obeyed , and there is a Law of God for it . Now , I think , the Mistake about the Divine Right of Convocations is grounded upon this , That Christ having constituted spiritual Governors in his Church , they consequently must have the supream Right over it , in all things that concern Religion , either for making any new Orders or Offices , that may tend to the Advantage of the Church ; and that no humane Authority , can of Right interfere with , or hinder it . It can't indeed be denied , but that Christ has instituted and ordained a Succession of Pastors of his Flock , and committed certain proper Functions to them , such as the preaching the Word , the Administration of the Sacraments , the Power of the Keys , and the like ; and that there shall be such , no Power on Earth has a Right to forbid , so far there is a Divine Institution . But that the supream Governor , to whom these Pastors are subject , has not a Power over them in all those things , which the Scripture mentions nothing of , and which are not any part of the Ministerial Office or Function ; this we absolutely deny . All human Institutions must be subject to human Laws , and since Convocations are such , because not appointed by any Divine Law , all the Power they have , must be deriv'd from that Authority to which they are subject . If it be said , That if the Prince has this Power , he may make a wrong use of it ; yet this does not prove against his Right . Our Abuse of any thing , is not an Argument that we have no Rightor Title to it . If indeed the Prince should happen to be of a different Religion , and disclaim all Right to his Supremacy over the Church , or abuse it to the Destruction of it ; I see no Reason , but if the Necessities of the Church should require it , the Clergy now may have the same Privilege , as the Primitive Christians , and may assemble of their own accord , as they might have done , when their Emperors were Heathen . Common Prudence will direct what is proper in such Cases . As Right Reason , and the Laws of Equity would advise , That the chief Power over Ecclesiastical Affairs , should be committed to the Sovereign Authority , when Christian ; which is supposed , upon that Account , to be as much concerned for the Good of the Church as of the State. And indeed , where nothing is determined on either side , this must necessarily be fixt there . Because there is no other that can either by Divine or human Right , lay claim to the like Authority . There is no other possible way of determining the Bounds of the supream Power , but by the Law of God or Nature ; It s Right extends over all things , but what are either commanded or forbidden by them . Now then allowing Mr. Hooker's Opinion , That as for supream Power in Ecclesiastical Affairs , the Word of God doth no-where appoint , that all Kings shall have it , neither that any should not have it ; yet for this very Cause it seemeth to stand altogether by human Right , that unto Christian Kings there is such Dominion given . As for the Law of Nature , I think it must be granted , to be no way concerned in the present Controversie . Grotius does indeed allow , That the Original of Synods , is derived from the Law of Nature : For Man being a sociable Creature , does naturally associate himself with those , who pursue the same Methods and Manner of Life . So Merchants for the Improvement of Traffick , so Physicians and Lawyers meet and consult together , for the examining the Mysteries of their Art , and for the advancing their Profession . But then to prevent Mistake , he distinguishes between an absolute Law of Nature , which cannot be changed , as to worship God , honour our Parents , and to do no Injury to the Innocent ; and that which is natural , after a sort , as being most reasonable , and allowed of by Nature , till human Laws interpose : Thus every thing by Nature is common , all Men are free , the nearest Relation is Heir ; till by human Appointment and Consent , Propriety , and Subjection were introduced , and the Inheritance disposed of by Will. In this latter Sense , he allows it to be natural to hold Synods ; but he denies it to be so in the other , because then , no Bishops would ever have petitioned the Emperors for leave to meet ; and St. Hierom's Argument to prove a Synod unlawful , would be invalid ; Shew me , saith he , what Emperor commanded the meeting of that Council . Synods therefore are to be accounted in the number of those things , which being allowed of by the Law of Nature , are yet subject to human Constitutions ; and may be assembled , or prohibited by them . And if in the Reigns , even of the Pagan Emperors , any Laws or Imperial Edicts had been published against holding Synods , and the Necessities of the Church not evidently required their meeting ; but especially , had those heathen Powers allowed them all the Liberty of meeting for Prayers , and performing other Duties which Christ had appointed , and were necessary to be done by them , in Obedience to his Commands ; I know no Right the Clergy could have pretended for their assembling . It is certain , That the Church might subsist , and be preserved without them . And thereupon , the Bishops were very careful not to offend or provoke their Governors , by their Synodical meeting , whatever Occasions there might be for them . St. Cyprian , as Grotius observes , has shewn in several Places , That when in times of Persecution , there arose a hot Contest , about receiving the lapsed into Communion , and for the putting an end to it , nothing seemed more necessary , than for the Clergy to meet and consult together in common ; yet the Bishops deferred the meeting , till the Storm was blown over ; which certainly they ought not to have done , if Synods had been enjoin'd by a positive Law , either Divine or Natural ; and could have been no more dispensed with , than the Duties of worshipping God , and honouring our Parents . Since then there appears no Authority from Scripture , or from the Practice of the Church , after the State was Christian ; or from the Law of Nature , to found this Pretence upon , of the Clergy's having a distinct Right from the State of assembling themselves in Convocation ; it is evident , That the Laws of the Land , and the Suffrage of the Convocation in Henry the 8th's Reign , and of all the Convocations that have been held since ; which by common Consent , have invested the King with this Power , and have submitted to it , were not so rash and irreligious , as some Men would insinuate . Even the Convocations in Queen Mary's Reign , when that Law was abrogated , yet met and acted by her Authority . But it is to be observed , That the Arguments which are now produced to prove the Church Independent on the State by a Divine Right , are the same which Mr. Hooker taxed as the Errors of some in his time , who asserted the Unlawfulness of the Prince's exercising any Authority in the Affairs of the Church . The Causes of common received Errors , in this point , seem to be especially two : One , That they who embrace true Religion , living in such Common-wealths as are opposite thereunto , in other publick Affairs , retain civil Communion with them . This was the State of the Jewish Church , both in Egypt and Babylon , the State of Christian Churches a long time after Christ. And in this Case , because the proper Affairs and Actions of the Church , as it is the Church , hath no Dependence on the Laws , or upon the Government of the civil State , an Opinion hath thereby grown , That even so it should be always . This was it which deceived Allen , in the writing his Apology ; The Apostles ( saith he ) did govern the Church in Rome , when Nero bare Rule , even as at this Day , in all the Churches Dominions , the Church hath a spiritual Regiment without Dependence , and so ought she to have amongst Heathens or with Christians . Another Occasion of which Mis-conceit , is , That things appertaining to Religion , are both distinguished from other Affairs , and have always had in the Church , spiritual Persons chosen to be exercised about them . By which Distinction of spiritual Affairs , and Persons therein employed from temporal , the Error of personal Separation always necessary between the Church and Common-wealth , hath strengthned it self . These Notions have been often made use of by the Papists , in their Disputes against the King's Supremacy ; and 't is strange they should be now revived , when they have been so learnedly considered and refuted by Mr. Hooker , Dean Nowel , Bishop Iewell , and other great Men of our Church . And I may add , That some of our present Adversaries Opinions are much the same , with those of the Scotch Disciplinarians refuted by Bishop Bramhal . The Author of the Defence of the Vindication of the deprived Bishops , hath told us , That Mr. Hooker ( for whom he pretends a very great Respect , tho' for what Reasons I know not , since they differ in every thing ) is against him , in making the Church one Body with the believing State. And therefore , I suppose , he would have it taken for granted , That his Reasons are more conclusive in making them distinct . Indeed it was necessary for this Author's Purpose , That the Church and State should be separate Societies ; for all the Weight of his Arguments , depends upon it ; and if this should fail , his whole Fabrick must sink of Course . It was certainly time for him to call a new Cause ; and , since the Practice of the whole Church is against him , to omit Authorities , and the Sense of Antiquity , and to retire to downright Reason . But he would have done well , to have considered and answered Mr. Hooker's Arguments , before he had produced any others on the contrary side . For certainly , if the Common-wealth be Christian , if the People which are of it do publickly embrace the true Religion , this very thing doth make it the Church . And to make it a separate and independent Society from the State , where all Mens Principles are the same , is a Notion neither agreeable to Scripture or Reason . But I shall not pursue an Argument , which has been already so fully and learnedly managed by Mr. Hooker , to whom I shall refer the Reader . But I think my self obliged to do Mr. Hooker Justice in a Passage cited from him by this Author , as though it made for him ; and which appears to me , to be designed to prove directly contrary . This Author , it seems , would perswade us , that Mr. Hooker is of his Opinion , That the Deprivation of spiritual Persons , by the Civil Power , is not justifiable by even our present secular Laws . And to this end , he cites these Words ; all Men are not for all things sufficient , and therefore publick Affairs being divided , such Persons must be authorized Iudges in each kind , as common Reason may presume to be most fit . Which cannot of Kings and Princes , ordinarily be presumed in Causes meerly Ecclesiastical ; so that even common Sense doth rather adjudge this Burthen to other Men. This , indeed , looks plausibly , as it is here set down , without its Connexion with what goes before and follows it . But however , all that it can prove by its self , is only , That it may be more proper for spiritual Persons to judge in Causes meerly Ecclesiastical . But then it denies not , That if Princes are so pleased , they may judge themselves ; this takes not away their Right , though it may be Prudence in them to appoint others to sit in their stead . But let us see the full Scope and Extent of Mr. Hooker ' s Words . As , says he , the Person of the King may , for just Considerations , even where the Cause is civil , be notwithstanding withdrawn from occupying the Seat of Iudgment , and others under his Authority be fit , he unfit himself to judge ; so the Considerations for which it were haply not convenient for Kings to sit and give Iudgment in spiritual Courts , where Causes Ecclesiastical are usually debated , can be no bar to that Force and Efficacy , which their Sovereign Power hath over those very Consistories : And for which we hold , without any Exception , That all Courts are the King 's . And then follows ; All Men are not for all things sufficient , &c. And after that he goes on , We see it hereby a thing necessary , to put a difference as well between that ordinary Iurisdiction which belongs unto the Clergy alone ; and that Commissionary wherein others are for just Considerations appointed to join with them , as also between both these Iurisdictions , and a third , whereby the King hath transcendent Authority over both : Why this may not lawfully be granted unto him , there is no Reason . Now take the whole together , and the Argument turns on the other side ; and proves , That the Judgment of the supream Power is in all manner of Causes to be the highest . But hower , were Ecclesiastical Courts alone to judge of spiritual Matters , and there could be no Appeals from their Decisions , ( which yet the supream Power has a Right to receive ) yet these Courts do not exercise any Power that is not derived from the Supremacy , either mediately or immediately . The Laws by which they act , and exercise their Jurisdiction , proceed from thence , and the Courts are constituted by its Authority . So that all that is done there , is by Virtue of the King's Commission . But besides , if the King had no Power at all in spiritual Cases , yet it does not appear , That the Cause of the deprived Bishops is purely spiritual ; they are as much Ecclesiastical Persons now , as they were before their Deprivation . And though they may not exercise any part of Episcopal Power in the King's Dominions , yet they still retain their Office , and have a Right to perform all the Duties of it , where and whensoever the Sovereign Power will authorise them to it . It was the Opinion of Archbishop Laud , That the Use and Exercise of his Jurisdiction , in Foro Conscientiae , might not be but by the Leave and Power of the King , within his Dominions . If his Majesty should forbid a Physician to practise within his Dominions , for some Crime committed by him ; 't is plain , That by this means , he is not degraded from his Profession ; nor will it follow , That his Majesty ought to be acquainted with that Art , before he pronounces Sentence against him . If his Offence had been against some of the Rules of his own Profession , 't would be more proper for the College of Physicians to judge of the Nature and Manner of it : But where the Crime has no Relation to the Profession , there is required no Skill in Physick to judge of it . If a Person be convicted of Heresie , 't is just he should be tried by the spiritual Power , and according to what has been judged by them so to be . But if his Offence be against the King or the Publick , if he refuse Allegiance to his Majesty , or Obedience to his Laws , be he a spiritual Person or not , there is no doubt , but his Majesty has a Right to forbid him the Exercise of any Office or Function within his Territories . The King does not judge herein of his Qualifications as a Divine , but of his Duty as a Subject . And as such has a Right to command his Obedience , and to punish him as he thinks fit for his Disloyalty . But if what the Author of the Defence of the Vindication of the deprived Bishops , urges , is of any Force ; as , That the Church and State , tho' Christian , are two distinct Societies ; and that spiritual Persons , tho' defended and preserved by the Sovereign Power , have yet as such , no Dependence upon it , and are not subject to its Authority . How advantageous soever this may prove to the Church , it will be very inconvenient and dangerous to the State. For if the Prince has no just Power over spiritual Persons as such , it must follow , That in several Cases , he can have no Authority over them as temporal . As suppose any of that Body should be guilty of a Crime , which requires such a Punishment , as can't be inflicted without depriving him of his Ecclesiastical , as well as his Civil Rights ; 't is plain , according to that Author's way of arguing , That in such a Case , the State can have no Authority to punish . And if the Clergy will not pass Sentence against him , he must go unpunished : For how guilty soever he may be , the King can pretend no Authority , either to imprison or banish him . Because , according to this Author , the supream Power has no Right upon any Account whatsoever , to prohibit him the Exercise of his Ecclesiastical Function ; which he must do , if he punishes him either of the fore-mentioned ways . The same Reasons will , I think , also forbid the Civil Authority , from having any Right of sentencing an Ecclesiastical Person to Death , as well as to perpetual Imprisonment , be his Offence of what Nature soever . The Consequences of such Notions , are more than sufficient Confutations of them . The great Grotius , who could have no Interest or Prejudice to mis-guide his Judgment , in Relation to this Controversie , is of Opinion , That the Right of removing a Pastor from the Cure of any certain Place , ought always to remain in the highest Power . So Solomon deposed Abiathar from being Priest. The Vindicator of the deprived Bishops has been at some pains , to prove that Abiathar was not high Priest. Which whether true or no , is little to his Purpose ; for if he was a Priest , and deprived by a Lay Power , it is sufficient . So the Bishops of Rome , were more than once deposed , by the Imperial Authority , as is owned by Bellarmine himself . And to prove this , says Grotius , is not difficult : For if the supream Authority hath a Right to forbid any one the City or Province , he must of Necessity have a Right , to prohibit him the Ministry of that City or Province . For this is included in the other : For he who has a Power over the whole , must have the same , no doubt , over the part . And he adds , That if the Sovereign Power had not this Right , the State could not be able to provide for its own Security . But what seems to me most absurd in the Management of this Controversie by the Vindicator of the depriv'd Bishops , is this , That he condemns all those of Schism , who go upon different Principles , or that conform with these who fill the Sees of the deprived Bishops . For by this means , he not only involves the Christians of several Centuries in the same Guilt , even from Constantine's time , till Papal Usurpations were introduced ; who submitted to Bishops put into the Places of others deprived by the Emperors , as has been learnedly shewn in a great many Instances , beyond all Possibility of a Reply : But he also condemns and contradicts himself . For I believe his Practice has been contrary to his present Opinion . Since , if I mistake not , he held Communion with the Church of England , till the late Revolution . And I believe this Doctrin of the Prince's Authority over spiritual Persons , was the same then as now . If not , what can those Words signifie , That the King is over all Persons and in all Causes , as well Ecclesiastical as Civil , Supream ? Mr. Hooker tells us , That the Prince has by this , the same Power over Ecclesiastical Persons , as the Pope had usurped before the Reformation . And indeed , if these Words do not imply , That Ecclesiastical Persons as such , are subject to the King's Authority , they signifie nothing . And if they carry such a Sense with them , they must also denote the Sufficiency of the King's Authority , for depriving Bishops of their Sees upon a just Cause . And tho' it be granted , there were no Instances of this Nature in the late Reigns ; yet the Case is much the same , if such a Doctrin was then held and maintained by the Church . And if 't is a Sin to communicate with the Bishops , who are put into the Sees of them , who were deprived by the Supream Power , 't is a Sin also not to separate from that Church , which requires all its Members to acknowledge and believe such a Right to belong to that Power . For the Nature of the Church is the same , whether the King exercises that Authority or not ; if it be owned and allowed by the Church to belong to him . But this Author pretends that he has the Church and the Laws on his side , since Queen Elizabeth's Time ; and that he will agree to the Supremacy as then stated by her , and as it is expressed in the 37th Article . If he will put the Cause upon this Issue , we must also submit to be determined by it . For we cannot desire to carry the Supremacy farther than it was in that Queen's Time , and as 't is specified in that Article . But then we demand , That the Words may be explained according to the most easie and natural Sense of them , and not understood only as this Author would interpret them . The Queen lays claim to the same Authority over Ecclesiastical Affairs and Persons , that was Exercised by all Godly Princes in Scripture , and which at all times belonged to the Imperial Crown of England : And this must include the Power which was given to her Predecessors Henry the 8th , and Edward the 6th . The 37th Article allows the King all that Power which we contend for , and asserts his Supremacy over all sorts of Persons as well Spiritual as Temporal in all Causes . And all the Limitations that either the Injunctions of Queen Elizabeth , or that Article hath set to the Regal Power , is , That Kings have not , or do not pretend to have , any Authority to minister Divine Service in the Church , which we are not Disputing for . But if this Author will be concluded by Queen Elizabeth's Notion of the Supremacy , he must carry it I am afraid something farther than he is aware of . For she thought her Supremacy extended to the giving Commissions to Lay-Persons to proceed by Ecclesiastical Censures . And accordingly the Earls of Shrewsbury , Derby , and others , were made Visitors of Ecclesiastical Matters , and acted as such . This then we may be positive in asserting , That the Supremacy , as it was confirmed and settled in Queen Elizabeth's Reign , is a sufficient Vindication of our Principles , and directly opposite to his . Upon the whole , that Author's Censures are either too far stretcht , or too much confin'd . Every Man , I think , ought to be very tender in fixing the Charge of Schism upon a whole Church ; especially where it has the practice of all Antiquity on its side . Charity certainly would rather oblige a Man to distrust the strength of his own Arguments , where he has neither the Authority of Scripture , and the ancient Church to support them , than pass so severe a Censure from the bare result of his own Thoughts and Opinions . If we are in the wrong , we err with the whole Catholick Church for some Ages together , and I believe I may add with the Scriptures themselves , I am sure not against them ; and we have moreover our Canons and Articles for us , the Judgment of some of the greatest Men of the last Age , who could have no other Motives to mislead them , but the impartial discovery of Truth , who were of the same Opinion with us . Indeed , I think we ought to pay a great deal of respect to Men that go upon sincere Principles of Conscience ; but then it were to be wished , That they would not judge too rashly of other Men ; but consider , that they who dissent from their Notions , may not be less sincere and consciencious than themselves . It can't be supposed , that Men , who believe Religion , should be so fond of the little interest of a short Life , as to forfeit all pretences to a better , for the sake of it . Surely , Men that know the present value of things , ought to think them very inconsiderate Motives for the byassing a Man's Conscience one way or other . There are a great many who can't comply with us , whom we must , and do entertain a very high Opinion of , and who deserve and command our Esteem . The late Service which one of them has done the Church and Clergy , by the vindicating them from the Contempt and Abuses of the Stage , in his admirable and just Reflections upon the Immorality and Profaneness of that Place , ought always to be acknowledged with the highest returns of Gratitude . But to return to our Convocations ; if we should grant that Revelation has not in express Terms determined this Matter , yet we may venture to lay this down for a certain Principle ; That in a Christian Common-wealth , that Order ought most to be observed , which is most subservient to its Peace and Unity ; and that such a method of Government cannot be lawful , which will necessarily confound and destroy it . Now , if the Clergy should have the sole Power among themselves of meeting , and Establishing what Laws they please , for the Government of the whole Church ; and of subjecting all Christians to the observance of them , whether they will consent to them or no , it will probably occasion great confusion , and raise perpetual Heats and Jealousies in the State. The State does not challenge such a superiority over the Clergy in Civil Affairs ; no Temporal Laws are made to bind them , but such as themselves have assented to : The same Reasons will hold in Christian Discipline ; none ought to be bound to obey any Constitutions , but such as are made by their own consent ; or , which is the same thing , by that of the Supream Authority , which represents the whole State. Nor indeed , can the Clergy plead such a Priviledge ; their Business being only to deliver their Opinions , and to declare their own , and the Sense of the Church , concerning any Point in Religion , and no farther than this does their Authority extend . G. Vossius has proved this at large , and tells us , That the Clergy are forbid by the Scripture to Exercise Authority ; and Grotius tells us , That they are called in Holy Writ by the Titles of Embassadors , Messengers and Teachers , to signifie , that it is their Part , to declare the Authority and Power of another , and not to oblige Men by their own . The Government therefore which is committed to them , when they are said to Guide , to Rule , to Feed , to be set over the Church , ought to be interpreted of the declarative kind , or of that which consists only in persuasion : When the Apostles are any where said to have commanded , it is to be understood in such a figurative Sense , as they are said to remit and retain Sins ; that is , to declare them remitted or retained . He farther proves , That the Church can have no commanding Power by Divine Right , because the Sword , which is the instrument of Power , and denotes Authority , is not committed to them . There can no Power naturally belong to the Pastors of the Church , because no such thing is included in the nature of the Function . Under the Mosaical Law , when there was neither King nor Judge , the Supream Power in Civil , as well as Ecclesiastical Affairs , devolved on the High Priest. But during the Regal Dignity , the High Priests Jurisdiction was always under that of the King ; so Aaron was under that of Moses . The Trust that is committed to the Ministers of the Church , by the Law of the Gospel , and which comes nearest to Iurisdiction , though it is distinct from it , are those Actions which were either peculiar to the first Christians only , or are still continued to the Pastors of the Church . Such was that Sharpness which the Apostle threatens the Corinthians with , which denotes according to Grotius , a certain miraculous Vertue of imposing Punishment . Thus Ananias and Sapphira fell down dead ; Elymas was smitten with blindness , and others were delivered to Satan , which was plainly an Act of miraculous Power exercised by God himself ; who , at the Denunciation of the Apostles , commanded Men to be vexed and tormented with Diseases , and seized on by Divels . Grotius , upon this observes , That before the Civil Powers exercised their Authority in the Church , God himself supplyed by Divine Assistance , what was defective in Human Laws . But as Manna ceased , after the Israelites were possessed of the Holy Land ; so , after Emperors took upon them to protect the Church , their Office being to punish all that any way disturbed its Peace , these Divine Executions of Justice were dis-continued . But however , all those Divine Punishments were the Acts of God , not of Men , and the whole Work was his , not the Apostles . As for the use of the Keys which is perpetually annext to the Pastoral Office , that implies no Iurisdiction . The denouncing the Divine Threats and Punishments , and the enjoyning restitution of Goods unjustly gotten , are only so many declarations of the Divine Law : Excommunication is of the same kind . The denying the Sacraments to notorious Offenders , is not Exercising any Dominion over them , but is only a Suspension of the Pastors own Act , and therefore is not any part of Jurisdiction . From the whole it appears , That the Authority which was committed to the Clergy , does not reach to the making of Laws , or to oblige any Persons to be subject to their Injunctions by Vertue of their own Power . They may do both by the consent and permission of the Supream Authority , but of themselves they can pretend no Right . They are only allowed by the Scriptures to declare and deliver their Opinions about any Religious Matters , but the Sovereign Power alone can confirm them , and give them the force of Laws . But however , if at any time there may seem to be absolute necessity for a Convocation to meet , for the condemning Errors and Heresies , which may have crept into , and have disturbed the Peace of the Church ; Though the Prince in such a Case will not consent to the Assembling the Clergy , they may notwithstanding , as many of them as think fit , give their Opinions , concerning such false Notions . And if their Opinions have any weight in them , they may be perhaps as much regarded , by the judicious part of the World , as the Judgment of a whole Convocation . For when Men Publish their Reasons concerning any Opinions , every Body is at liberty to Discuss and Examine them , to search into the strength of their Arguments ; be able to discover whether their Thoughts are well weighed , or whether they are not the effects of a peevish , mis-guided Zeal , rather than of a serious , deliberate Judgment . The World can then judge whether Mens Enquiries into others Notions , and their Censures of them , are impartial or not ; whether a Man's prejudice , or perhaps his Ignorance , or both , do not biass or mis-lead his Apprehensions . It is not impossible that Men may side with a Party in a Convocation , only because 't is the greatest ; may judge against Men and their Opinions , only because they are theirs ; but the World may be best satisfied of the Reasons and Motives of every Man's Judgment , when they are submitted to Publick Examination . Besides , the Consent of a Church may be known by the unanimous Writings of all the Great Men of that Church , that have treated of such Subjects . For the Affairs of Religion , have been more often managed this way , and the Consent of the Church more frequently signified by Communication of Letters , as Grotius observes , than by Synods . I would not be thought to derogate from the usefulness of Convocations , and from that Respect and Submission which is justly due to their Decisions . Whenever the King shall be pleased to give them leave to sit and Act , every Man is obliged to be determined by their Orders and Decrees , as soon as ever they are legally confirmed . But there is not at all times a necessity for their Meeting , and there may be often greater Reasons to urge against , than for it : Grotius assigns these as two of the chief Ends of having Synods ; one is , to counsel and direct the Prince in the advancement of Truth and Piety ; the other , that the Consent of the Church may be Established and made known . But a Synod is not absolutely necessary upon either of these accounts : Counsel is not necessary for a Prince in things that are sufficiently plain by the Light of Nature , or Supernatural Revelation . Who doubts , but he that denies a God , a Providence , or a Iudgment to come ; that calls in question the Divinity of Christ , or the Redemption purchased by him ; who , I say , can doubt , that a Man so profane may not be put out of Office , or banished the Common-wealth , without the advice of others ? Besides , the Prince has the Judgment of former Synods to assist and guide him in such Cases , so that he need not be obliged to call a new one . He hath the perpetual Consent and Determinations of the most Serious and Learned Men , who have lived in all other Ages , as well as the present , so that a Synod cannot be absolutely necessary for this End. As for the Consent of a whole Church , there may be other Methods , as was already observed , of declaring that without the Meeting of a Convocation . If then the Ends for which Convocations are to be called are not indispensably necessary , certainly their Right to sit cannot be Divine . But however it may be , this to me seems very apparent ; that they are guilty of a very great Sin against God , and their own Consciences , if any such there are , that either publickly maintain , or secretly believe the Divine Right of Convocations independent on the Supream Civil Authority , and yet submit to be Members of such a one , as has no Power to Sit , or Act , but what depends solely upon the Pleasure of the State. If they are convinced that the Clergy have a Divine Commission to Assemble themselves , and that the Concessions made by the Clergy in Henry the Eighth's Time were unjust and sinful , why don't they Act agreeably to themselves ? Why don't they protest against the Power of the Prince to call them ; refuse his Writs , and disobey his Summons ? For the very Meeting by his Appointment , is an acknowledgment of his Power , and an actual Surrendring of those Rights , which they pretend are only theirs , by Vertue of the Divine Institution ; and consequently are in the very least degree for ever unalienable . If then there are any , ( as I would willingly believe there are not ) who plead for such a Divine Right , and yet submit to be called to Convocation by a Lay-Authority ; they must grant at least , that their Practice is very inconsistent with their Notions . But this I leave to the Consideration of the Elaborately confused Author of the Municipium Ecclesiasticum : But yet , in asserting the King's Authority over Convocations , we don't mean , that he may prescribe , what himself thinks good to be done in the Service of God : How the Word shall be taught , how the Sacraments Administred : That he may by judicial Sentence decide Questions which may arise about Matters of Faith and Christian Religion ; that Kings may Excommunicate ; Finally , that Kings may do whatsoever is incident unto the Office and Duty of an Ecclesiastical Judge . But , to give Mr. Hooker's Words , we mean , That the King 's Royal Power is of so large compass , that no Man Commanded by him , can plead himself to be without the limits and bounds of that Authority . And that Kings should be in such sort Supream Commanders over all Men , we hold it requisite , as well for the ordering of Spiritual as Civil Affairs ; in as much as without universal Authority in this kind , they should not be able when need is , to do as Vertuous Kings have done . As Iosia and Hezekiah in the Old Testament did , when they Assembled the Priests and Levites to renew the House of the Lord , and to Celebrate the Passover . The like before them did David and Solomon , for removing the Ark , and Dedicating the Temple . Such Authority as the Iewish Kings Exercised over Ecclesiastical Affairs and Persons , the like we claim to belong to our Kings ; and those that deny them the same Authority , are to be Excommunicated , according to the Doctrine of the Church of England . But since there is an Argument now again insisted upon from the New Testament , to prove the Right which belongs to the Clergy to Assemble , and make Ecclesiastical Laws without the leave of the Supream Authority , which in Mr. Hooker's Time was brought for an Objection against such a Supremacy in the King , I shall take the freedom to set it down in his Words , with his Answer to it . It will be ( says that Excellent Author ) perhaps alledged , That a part of the Unity of Christian Religion is to hold the Power of making Ecclesiastical Laws a thing appropriated unto the Clergy in their Synods ; and whatsoever is by their only Voices agreed upon , it needeth no farther Appropriation to give unto it the strength of a Law , as may plainly appear by the Canons of that first most venerable Assembly : Where those things the Apostles and Iames had concluded , were afterwards published , and imposed upon the Churches of the Gentiles abroad as Laws ; the Records threof remaining still in the Book of God for a Testimony , that the Power of making Ecclesiastical Laws , belongeth to the Successors of the Apostles , the Bishops and Prelates of the Church of God. To this we Answer , That the Council of Ierusalem is no Argument for the Power of the Clergy to make Laws ; For first , There has not been since , any Council of like Authority to that in Ierusalem : Secondly , The Cause , why that was of such Authority came by a special Accident : Thirdly , The Reason why other Councils being not like unto that in Nature , the Clergy in them should have no Power to make Laws by themselves alone , is in Truth so forcible , that except some Commandment of God , to the contrary can be shewed , it ought notwithstanding the aforesaid Example to prevail . The Decrees of the Council of Ierusalem , were not as the Canons of other Ecclesiastical-Assemblies , Humane , but very Divine Ordinances : For which Cause the Churches were far and wide , commanded every where to see them kept , no otherwise than if Christ himself had personally on Earth been the Author of them . The Cause why that Council was of so great Authority and Credit above all others which have been since , is expressed in those Words of principal Observation , Vnto the Holy Ghost , and to us it hath seemed good : Which form of Speech , though other Councils have likewise used , yet neither could they themselves-mean , nor may we so understand them â–ª as if both were in equal sort assisted with the Power of the Holy Ghost . Wherefore , in as much as the Council of Ierusalem did consist of Men so enlightned , it had Authority greater than were meet for any other Council besides to challenge , wherein such kind of Persons are , as now the State of the Church doth stand ; Kings being not then that which now they are , and the Clergy not now that which then they were . Till it be proved that some special Law of Christ , hath for ever annexed unto the Clergy alone the Power to make Ecclesiastical Laws , we are to hold it a thing most Consonant with Equity and Reason , that no Ecclesiastical Laws be made in a Christian Common-wealth , without consent as well of the Laity as of the Clergy , but least of all without consent of the highest Power . The Opinion of the Learned Grotius being more short and decisive in our present Case , upon that forementioned place of the Acts , I shall also give an account of it . The Original of Synods , says he â–ª is usually taken from that History in the 15th Chap. of the Acts. But whether that Assembly may be properly termed a Synod , as we now understand that Word , may very well be questioned . There arose a Controversie between Paul and Barnabas , and certain Iews of Antioch , concerning the Obligations of the Mosaick Law : Paul and Barnabas are sent with some of Antioch , to know the Opinion of the Pastors ; but were they those of all Asia , Syria , Cilicia and Judea , Assembled together in one place , that were to give their Iudgment ? No certainly ; but of the Apostles and Elders of Jerusalem ; the Company of the Apostles , was a College , not a Synod ; and the Elders of one City , could not certainly be called a Synod . One Church therefore alone is consulted ; or more truly and properly speaking , the Apostles only are consulted , and they alone give Iudgment ; to whose Authority the Elders and Brethren of Jerusalem yield their Consent and Approbation . Thus , I think there can't be the least shadow of an Argument brought from Scripture for a Divine Institution of Synods . But to return once more to Mr. Hooker ; Were it so , ( adds that judicious Author ) that the Clergy alone might give Laws unto all the rest , is it not easie to see , how injurious this might prove to Men of other Conditions ? Peace and Justice are maintained by preserving unto every Order their Right , and by keeping all Estates , as it were in even ballance , which thing is no way better done , than if the King their Common Parent , whose Care is presumed to extend most indifferently over all , do bear the chiefest sway in making Laws , which all must be ordered by ; wherefore of them which attribute most to the Clergy , I would demand , what Evidence there is , whereby it may clearly be shewed , that in ancient Kingdoms Christian , any Canon devised alone by the Clergy , in their Synods , whether Provincial , National or General , hath by meer force of their agreement , taken place as a Law , making all Men constrainable to be Obedient thereunto , without any other approbation from the King , before or afterwards required in that behalf ? This was the Sense of that Great-Man ; and the very same Opinion and Notions they are , and no other , ( as far I can judge , ) which are maintained by them , who at present defend the King's Authority in calling Convocations , and in other Ecclesiastical Affairs . And I can't yet apprehend , how those who so warmly and furiously oppose them , can reconcile their Notions with the Doctrines which have been always received in the Church of England . But it may probably be urged , That though the Clergy's Right to Assemble themselves , and make Laws for the Government of the Church by their own Power could not be proved by Revelation , yet in Reason it ought to be allowed to them ; because the security of Religion depends upon it . For if the Clergy alone may not make any new Orders which may seem wanting , nor pass a general Censure upon any false Opinions or Innovations in Religion , by a judicial Sentence against them in Convocation , without the Pleasure of the State ; The Church will by this means be deprived of its Liberty , and never be in a Capacity of deciding any Controversies which may disturb its Peace and Unity . And if the Prince be Heretical , as 't is not impossible , and will not suffer the Meeting of a Convocation , our Religion will then very probably be corrupted by Errors and Heresies , and the Church unable to relieve it , by being divested of the Power of summoning its Clergy ; by whose united Opinions and Decrees , a timely stop might be put to all false Doctrines and Divisions . To this I answer , That the Case is the same wherever the Power shall be lodged . Let us suppose in a Metropolitan . Now 't is not impossible , but he also may be a Heretick , and will not suffer a Convocation of the Clergy . For if the Authority is in him , the inferior Order must be as much subject to his Will , as to that of the Civil Governor , and may as equally be deprived of their Liberty of Meeting , by the one as the other ; and so it may be , let the Authority be placed in any other Hands . But perhaps it may be thought that the Civil Power is not a proper Judge of the Necessities of the Church , when its Faith or Discipline are in danger of being corrupted or destroyed . Let it be granted , That there may be others more fit to judge of these things , tho' it may happen , that even some of the Clergy themselves may be mistaken in these Matters , and may be sometimes very unfit Judges of the most proper Times for calling a Convocation : Yet I hope the King is not to be precluded from all Council and Advice in such Cases . If any of the Clergy had the Power , they would not , I presume , make use of it , upon their own single Opinion : They would certainly ask the Advice of the most Wise and Judicious in such Matters . And why the King may not have the same Priviledges and Opportunities of Enquiry , I can see no Reason . But it is objected , That the Office of the Clergy is distinct from that of the Civil Power , and they receive no Parts of it from thence , and therefore cannot be under its Jurisdiction . So it was also among the Jews , yet their Kings had the Supream Power over their Priests . The Power and Authority of the King is Spiritual , though he is not invested with the Spiritual Office. The King indeed seems in some Cases to be subject to the Priestly Office ; as he is to receive the Sacraments , Absolution , and the like from them : So also is he subject to his Physician as to his Health , he is to be governed by his Rules and Methods for preserving Life . Yet this does not diminish his Authority over either . His Right over them , as Supream Governor still remains the same . But 't is again objected , That the Care of Souls is the particular and immediate Business of the Clergy : And the observance of the true Religion being necessary to that end , 't is undeniable that they ought to have a Power of endeavouring to preserve it by such ways as may seem most effectual and proper for it . To this we may answer , That the Supream Governor has the same Care incumbent upon him ; he is obliged to preserve and defend the true Religion , to see it rightly observed , and to punish those that do Evil : For which Reason , G. Vossius , as well as Grotius , is of Opinion that Princes have the Supream Authority in Sacred Matters by a Divine Right . For if they are the Ministers of God for Good , they must have the Supream Command in Religious Matters , whereby to enforce Obedience to them . And indeed , if the Commission given by God to Moses , and Exercised afterwards by Ioshua , and the Iewish Kings , and never abolished by our Saviour , does give the same Right and Authority to Christian Kings now , to call Ecclesiastical Assemblies as they did , it can't be denied that they also Act by a Divine Commission . And it is one great Business of theirs , that Divine Things should be rightly ordered , and the Salvation of Men procured . They are the Defenders and Guardians of the Divine Law : The Inspectors of the Actions of all Men ; and have accordingly a Power to Reward and Punish . 'T is also necessary that Kings should have the chief Command in Religious Matters , because Religion is of mighty Service to the Civil Government ; nothing more advantageous for the preserving Peace and Unity , Love of our Country , Justice , Equity , and all other Moral Duties , which 't is a Princes Duty to maintain : And which he has no means of effecting so well , as by his Sovereign Power in all Sacred Concerns . And therefore to deprive him of this Power , is to forbid him the Exercising those Commands which a Vertuous King is obliged to . Upon the whole then , it can't be denied , That by our Constitution , the King has the sole Power of calling and dissolving Convocations , and that they have no Authority to Act but what is derived from him . And whoever takes the Oath of Supremacy grants as much . That this Power is no other , than what was Exercised by the Iewish Kings , and afterwards by the first Christian Emperors ; and was never disowned and protested against by the Clergy . That the Practice of the Christians before the Conversion of the Supream Authority , is not concerned in the Dispute ; and that the Scriptures are either for us , or wholly silent in the Matter . Tho' I think we may fairly urge , That the Examples of the Iewish Kings , and the general Authority given to Princes by God , do sufficiently prove even from Scripture , that this Power does belong to them . That the Ends of Government require , That where all profess the same Religion , they should all be subject to the same Common Head , in Spiritual as well as Civil Affairs . And that He , to whom the chief Care of the Church is committed , and to whom it principally belongs to preserve and defend the Orders and Constitutions of it , should also have the Principality of Power in Approving and Establishing them . But if the Clergy have the sole Power by a Divine Commission of making Ecclesiastical Laws , it will follow , That 't is the Prince's Business , to maintain and see them observed , whether he is willing to consent to them or not . He cannot refuse to obey them himself , nor to oblige others to submit to them . Nay , more , if the Clergy have a Divine Right to meet and constitute any Orders without the leave of the Supream Power , they have a Right also to Decree and Enact what Laws they may judge beneficial to the Church , how opposite soever to the Constitutions of the State. They may declare what Doctrines they please to be taught in the Church , provided they be not repugnant to the Law of God. For if their Right is Divine , their Power is Absolute and Uncontroulable , where Scripture has not determined the bounds and measures of it . Every one sees what Distractions such a Power might occasion ; and therefore we can't pay too great a Veneration to our Laws , which have wisely provided against them : That have intrusted this Power with the Prince , whose Interest it is as much to preserve the Church , as the State. And I hope we have no Reason to believe , but that he makes it as truly and sincerely his concern to vindicate the Cause of Religion , as any amongst us . If there are such Dangers threaten the Church , that nothing but a Convocation can prevent , no doubt but he will think it a great Obligation upon him to call one : But yet , it is not at all times necessary ; Mens Heats will not always suffer it . And if it should chance to fire their Tempers instead of cooling them , it would be then very Prejudicial . We confess indeed , with Grotius and Others , That Synods are often times very useful to the Order and Government of the Church ; yet we also join with them , that there may be such a time , when they are far from being convenient , much less necessary . But our greatest wonder is at the Boldness of some Men , who maintain , That , even when the Powers take on them the Protection of the Church , whether they will or no , Synods may lawfully and rightly be Assembled . Of another Mind , says Vossius , were all those , who have hitherto defended the Cause of the Protestants against the Papists ; and he cites several Authorities for it . As for the Assertors of a Divine Right of Synods , 't is something difficult to know their meaning ; they seem too much to distrust their Cause to speak plain enough to be understood . If they mean no more by that Expression , than that Christ hath so constituted his Church , as to leave a Power of Goverment with the Bishops of it , for the better ordering its Affairs ; who accordingly may either by Consent meet themselves , or by their Authority call together their Clergy , and agree on such things as are necessary for the ordering of it : This is what , in States not Christian , will never be deny'd by us . But if they pretend to a Power from God of Meeting and Acting independently on the Sovereign Authority , tho' Christian , and of Making and Establishing Ecclesiastical Laws and Constitutions without his Consent ; this is what we utterly deny . And I would desire to know of the Author of The Vindication of the depriv'd Bishops , by what Authority , either from the Scripture or the Practice of the Church , he will oppose this , or with what Justice he can so severely reflect on the Memory of the first Reformers , for being of the same Opinion . But to return , supposing we should allow this jus divinum which they contend for ; yet after all , it must be left to human Prudence to determine , when 't is proper for Convocations to meet ; and then , who is it that must judge of the proper Seasons for it ? Who of the Clergy have a divine Commission to judge of the Reasons , and fix the time for it ? Or suppose the Clergy should differ in their Judgments , who is the supream Arbiter that must decide when it is most convenient , and accordingly shall have the Power of summoning all the rest ? Superiority in Bishops over each other is an act of human Authority , since Christ did not appoint a Head ; and therefore any one of those can't have a Power by Divine Right of summoning all the rest : Where then must the Power be placed ? For they who urge such an Institution against us , ought to assign where they would have the divine Power of summoning the Convocation to be lodged . After all , 't is Reason that must direct in these Cases ; when a Convocation ought to be Assembled ; of what Number of the Clergy it ought to consist ; where their Power is to be fixed and limited , and to whom the chief Authority ought to belong of Calling and Dissolving them , and of giving their Resolutions , the Force and Sanction of a Law. This the Wisdom of the Nation , has entrusted with the Sovereign Power ; and the Church of England has ever since the Reformation , own'd and acknowledg'd it to be its peculiar Province . As for the Author of the Municipium Ecclesiasticum , poor Man , he is rather to be Pitied then Censured , as to the arguing part of his Book ; he writes so much backwards and forwards , for and against himself , and withal so very obscurely , that the most charitable Opinion of him , is , That he knew nothing of what he writ . He is so strangly bewildred in his own Notions , and so fond of Ill-nature , that he is neither to be understood or convinced . All he has urged in defence of the Divine Right of Convocations , will as much prove a Divine Right of Constables and Church-wardens , or any other Officers that may be useful for punishing Immorality , or for supporting or advancing the Interest of the Church . And for all the Argument I can find in his Book , he might as well have called it a Criticism upon Honer's Iliads , as an Answer to Dr. Wake . This Author is one great Instance , why I think a Convocation necessary , that Malice and Uncharitableness may have their just Reward ; that he may be convinced , that he who writes at all adventures upon every thing he least understands , must not think to carry a Cause only by abusing and defaming his Adversary ; which is all that I can find he pretends to , in all his Prints : And lastly , that he may be satisfied that his Ill-breeding , which he values himself so much upon , is but one way Meritorious . I should not have digressed into this way of Writing , was it not to inform this Author , that there is a difference between Railing and Argument : That the one is rude and indecent , even when mixt with the other ; but without it , 't is insufferable . Thus have I run thro' all the parts of this Dispute , about a Convocation , which I thought necessary to be considered and discussed ; I have endeavoured to reduce the Controversie , into as narrow a compass , and to set it in as clear and true a Light as I could . And as I have given my Thoughts freely , so I have not been misled by any Prejudice , or a desire of pleasing any Party . My first Designs were to get a clear view of the Controversie ; and since there had been of late some heats about it , I thought it not improper to expose my Enquires to publick Examination . I consulted the best and most rational Authors that I could find had writ upon the Subject ; tho' I thought it unnecessary to fill out a Volume with Quotations . But I shall add what the Learned Vossinus as well as Grotius , says upon this occasion ; namely , That besides the Divines , all the Writers of Polity , that are worth the Reading , have declared the supreme Authority of Princes , over Ecclesiastical Persons and Causes , to be one of the principal parts of the Imperial Right . Dr. Wake , as well as all the other Writers upon this Subject , is wholly unknown to me : But I can't but think , upon an impartial Enquiry into the Controversie , that he has given us a very just and learned . Account of it ; and that he agrees with the most judicious and eminent Men , that have treated the Subject before him . What a peice of daring Confidence must it then be , to tax those as mercenary designing Writers , that only espouse a Cause , which some of the greatest and most learned Men in the World , have before defended . But I shall urge nothing more , but only , That I have delivered what I judged to be Right , without either Hopes or Fears . FINIS . Notes, typically marginal, from the original text Notes for div A44094-e100 * Epis. 23. Notes for div A44094-e470 Dr. Wake . Act. Parl. An. 25. Hen. VIII . Upon the submission of the Clergy , and restraint of Appeals . De Imperio sum . Potest . circa Sacra . c. 7. See Bp. Taylor 's Duct . Dub. L. 3. C. 3. Eccl. Polity . l. 8. p. 462. That Clause of the 1st . Eli. which gave the King Power to make such high Commissioners in Ecclesiastical Causes , is now repealed . Municip . Eccles. Preface . Defence of the Vind. of the depriv'd Bishops , p. 104. See Rast. Stat. 22. H. VIII . Ecclesiastical Polity , p. 469. Preface p. 44. Ed. Lond. 1682. Vid. Stat. 16. R. 2. against purchasing Bulls from Rome . G. Voss. Ep. 23. See Canon , 1640. Can. 1. See Bishop Andrews's Sermon before the King at H. C. Canons 1640 Can. 1. See Bishop Andrews Sermon at Hampton Court. See Bishop Taylor 's Duct . Dub. L. 3. C. 3. Vid. Grot. de Imp. sum . Pot. cir . Sacra C. 3. Eccl. Pol. p. 444. C. 7. de Synodis . See the Defence of the Vind. of the Deprived Bishops . Municip . Eccl. p. 439. See Bishop Bramhal against the Scotch Discipline . p. 109. Eccl. Pol. 467. p. 440 , 441 , &c. Defence of the Vind. of the deprived Bishops , p. 108. Eccl. Pol. p. 464. See the History of the Troubles and Tryal of Arch-Bp . Laud , p. 309. lb. p. 309. De Impersum . Potest . Circa Sacra , Chap. 10. By Doctor Hody . See Dean Nowel , against Dorman . See the Doctrine of the Church of England , concerning the Independency of the Clergy on the Lay-Power , by the Vindicator of the deprived Bishops . Vid. Bp. Burnet's Hist. of the Reform . Vol. 2 , p. 399. See Dean Nowel , who was Prolocut . of the Convocat . when the Articl were made in his Books against Dorman . Hist. of the Reform . Vol. 2. p. 400. See Bp. Taylor 's Duct . Dubitant . l. 3. c. 4. Ep. 23. Cap. 4. Vid. Selden . de Synedriis . See Vossius , Ep. 23. Duct . Dubitant . l. 3. c. 4. Cap. 7. De Synodis . Cap. 7. De Synodis . Vid. Eccle . Politie . p. 461. P. 467. Acts 15. Chap. 7. De Synodis . Voss. Epist . 23. Cap. 1. De Imperio . See Bishop Andrew's Sermon at Hampton-Court . See Bishop Andrew's Sermon at Hampt . Court. Cap. 7. Vid. Bp. Bramhal against the Scotch Discipline . Vossius Epist . 23. Vid. Bp. Taylor , Ductor Dubitamium , Archbp. Bramhal against the Scots Discipline , &c. Vos . Ep. 23. De Imperio sum . Potest . circa Sacra .