A discourse of the forbearance or the penalties which a due reformation requires by H. Thorndike ...

CHAP. XXI. By limiting and restoring Ecclesiastical Discipline.

THe other Law, concerning the Right of the Church, in the Supre∣macy of the Crown, over all Persons, and in all Causes, as well Fcclesiastical as Civil, may seem to extinguish the Right of the Church, over the same Persons, and in the same Causes: Which could not be called Ecclesiastical, if there were no such thing as a Church, (as one of the Articles of our Creed professes) indowed by God, with a Right in and over the same. And there∣fore, I do not attribute the cause of our divisions to it, as unjust, but as indefinite, and unlimited. And I instance in the Tenure of our Ecclesiastical Courts; Which, by a branch of this Law, are de∣clared to be the Kings Courts, and the Judges of them the Kings Judges. A thing

necessarily following, upon the Resumpti∣on of the Rights of the Crown, usurped by the See of Rome, into the Crown. But which hath turned so great dissatisfaction, in the establishment of Religion by the Law of this Land; because the Right of the Church, in that part of their Jurisdi∣ction, which necessarily ariseth from the Founding of the Church, by our Lord Christ, hath not been reserved to the Church, by express Provision of Law. Thereupon followed another Law, which gave the Judges of these Courts the Priviledge of being Married: At such time, as the Law of the Land allowed not the Clergy to Marry. And by conse∣quence, made them no Clergy-men, whom the Law owned for the Kings Judges of these Courts; Exempting them thereby, from the Canonical Obedience, which they of Clergy owe their Bishops; And leaving their Ministring of the Laws, in their respective Jurisdiction, to their own discretion, as well against, as without the consent of their Bishops. It is true, they subsist by Patents granted by their Bishops, and other Ecclesiastical Dignities, indowed with Jurisdictions. But, the Law having declared them the Kings

Judges, I refer it to Judgment, whether it were any marvel, that the Bishops, and other Dignities with Jurisdiction, should discharge themselves of their Jurisdiction, upon such Judges, as the Law had quali∣fied, rather then cross the Law, in taking them upon their own charge; Part whereof, in ministring the Power of the Keys, and in correcting the inferior Clergie, is essential, and necessary to the Office, which Ordination makes the Clergy (Bi∣shops, and Presbyters) capable of. For it is resolved upon, by the Sages of our Laws, that, such a Patent being granted for term of life, the Patentee is inabled to exercise the whole Jurisdiction, without and against the consent of him that grants it; and shall be maintained against him, in so doing, by the Law of the Land. I am neither to blame, nor to excuse them, that have not done their utmost, to re∣deem the Office, which we are consecra∣ted to a capacity of managing, out of that Possession, which the Law of the Land thus ingageth. For, it is granted, and it is to be granted, that the Church cannot pardon sin; As if it could pardon him that is not qualified for pardon: Or keep him from pardon that is. But the Church par∣dons

sin, by bringing him to be qualified for pardon that is not: And declaring him pardoned that is. If we were Fana∣ticks, and believed no Condition of par∣don, but only, to imagine that we are pardoned; There would be no Church, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Keys of the Church to manage. If we believed, as some understand the Council of Trent; That sin is pardoned, by sub∣mitting it to the Keys of the Church: And that the mortification of the flesh serves only to redeem the temporal Penalty, re∣maining due when the sin is pardoned; A Lay Judge, having knowledge, might manage the Keys of the Church, as well as a Priest. But, because a notorious sinner becomes qualified for pardon, when the Concupiscence is mortified, which his sin gratifies: And, because he undergoes his Mortification, because he cannot have the Communion otherwise; Therefore are they only, that consecrate the Eucha∣rist, to judge, whether he be qualified or not, and to give or refuse him that which they consecrate. And, Commutation of Pe∣nance, when it supposes not, the inward contrition of the heart performed, by outward mortification of the flesh, is but the betraying of that Soul to damnation,

whom it admits to Communion, not be∣ing qualified for it. True it is, nothing hinders him, that is discharged of Excom∣munication, to become qualified by his own private endeavours. But, God would never have founded his Church, upon the Power of the Keys, if the Office thereof were only, not to hinder, and not also to procure, notorious sinners, to be fit for Communion with the Church. And, that to procure, must be the Office of those, who, by the Foundation of the Church, are to judge, who is fit and who not. If therefore the Law of the Land provide not, that that Office of the Church may be in force, to that effect, for which the Power of the Keys is given them that consecrate the Eucharist; Is it any marvel, that the Judgment and Ven∣geance of God should lye so heavy upon the Land, professing Reformation, and not inabling that which it professeth to take place? My present business there∣fore is now to say; That the Interests which cause our Divisions are so far im∣putable to these Laws, as, without the Reforming of the Laws, they cannot be cured. Two of these Interests I name, contradictory the one to the other, in their

Pretenses. For, what doth the World complain of, but of the abuse of Excom∣munication; daily imployed, to inforce the contentious Jurisdiction of these Courts; Never imployed, to the corre∣ction of sin, and recalling of sinners; Which, being the Office of those that receove the Power of the Keys by Ordina∣tion, cannot be exercised by the Laity, without Sacriledge. Now, granting, that the Usurpation of the See of Rome, or the Indulgence of Christian Princes and States have procured, or granted to the Clergy, a larger Jurisdiction then their Office required; It would have been no Inconvenience, that the whole Jurisdiction should be inforced, by Ex∣communication, signifying imprisonment by the Law of the Land; If a difference had been made, between the proper Ju∣risdiction of the Church, and the Accessory. For, in this part of it, it is an oppression to Christian Subjects, that they should be barred the Communion, for maintaining themselves and their Right, by Law, in matters of any Right of this World; Though the Clergy were Judges, by the Law of the Land. But it would be no oppression to them, that the Jurisdiction

of the Kings Courts should be inforced by imprisonment; which Excommunication might signifie, by the Law of the Land, without signifying a Bar to the Communion of the Eucharist; if these were duely di∣stinguished. In the mean time, the whole indowment of the Church, in a manner, being irrecoverable by these Courts, with∣out Excommunication; the scandal of these Jurisdictions becomes a Popular Plea, to strip the Clergy of their mainte∣nance; Tyths being no farther paid, then it please Frantick Fanaticks, or contenti∣ous neighbours, to do right of good will; Knowing that, Excommunication being odious, Imprisonment is not like easily to follow upon it. I said, that there is ano∣ther Interest on foot, upon a Pretense contradictory to this. And I mean that, which vulgar Professors of the Laws of the Land set up to themselves, out of these scandals; To reduce the whole Jurisdi∣ction of Ecclesiastical Courts under the Jurisdiction of the Laws of the Land, and those Courts that minister the same. This Interest espouseth the Opinion, which voids the Article of our Creed that pro∣fesses One Catholick Church; making Ex∣communication, and Ecclesiastical Juris∣diction,

founded by our Lord Christ, a meer Imposture; declareth it uncapable of any Sacriledge, to be committed in the using of it. In the mean time, the Clergy, whose Interest is no ways con∣cerned, in the Scandals, which the Eccle∣siastical Courts may give; Further, then as they are hindred, by the said Courts, to cure their Scandals, by the due Use of their own Office; do suffer, not only the Scandals which are done under colour of their Patents; But even the affronts of the Ecclesiastical Courts themselves; Receiving Appeals, from the Censure of their Bishops upon the Clergy. For, a few examples, serving the Bishops, not to imploy that Jurisdiction, which is so ea∣sily affronted, it must be acknowledged, that the debauches of the Clergy are come to that height, that, till they be Reformed, Reformation is not duely pretended against the See of Rome.