High Court of Chancery, who fhall appoint Delegates to re-examine the Matter, though the Caufe be purely Spiritual, and that Determination fhall be final. Confequently, the King is Supreme Spiritual Judge,as well as Temporal; for this Court may reverfe even the Spiritual Judgment of Excommunication. To this it may be answered, that our Laws having annex'd a Temporal Penalty to the Sentence of Excommunication pronounced by the Spiritual Judge, it is but reafonable, that the King fhould enquire into the Cause for which he is to inflict a Temporal Punishment, and to fatisfy himself in the Justice of the Proceedings. The Judgment of the Court of Delegates is therefore expedient and reafonable to fatisfy the Prince, whether he fhall proceed to fine, imprifon, or outlaw the Perfon whom the Church has cenfured; because those are Punishments which he and only he can execute, nor has the Spiritual Judge any Authority to require him to execute any of them, but as he fees it fit himfelf. But I do not conceive, that this Court can fo take off the Cenfure in a pure Spiritual Caufe, as to restore a Perfon to the Communion of the Church, whether the Bishop will or not. Yet whatever they may do in Foro Externo, where the Civil Magiftrate bears the Sword, and will do what he pleafes, fuch a Determination proceeding only from the Prince in a Matter of which God has not made him the Judge, cannot bind in Foro Interno, or give Satisfaction to the Confcience. Neither is it my Purpose upon this Occafion to vindicate all the Laws of this Realm, or to fhew that any of them are not agreeable to the Laws of God. Whatever they are, private Perfons (and fuch are even the chief Spiritual Governors with relation to the State) muft fubmit to them actively or paffively: Where they are not contrary to the Law of God, or to that Authority which is derived from Chrift alone as Sole Head of his Church, we ought to yield an entire active Obedience to them: But where they are contrary to the Law of God, or to the Authority of Jefus Chrift, we muft, as we fhall be thereto called, bear our Teftimony against them, and obey God and his Chrift rather than Man: Though at the famè time, as becomes Martyrs and Confeffors, we dare not lift up an Hand againft the Authority, by which that Law is made or executed, but must chearfully fubmit to the Temporal Penalty it lays us under. For what is it to be a Martyr or Confeffor, but to bear Teftimony to the Truths of the Gospel against any Humane Law or Force oppofing them, and at the fame time patiently to fuffer the Penalty which that Law or Force fhall lay us under? And this would be our Duty, upon Suppofition that any of our Laws were Eraftian, when fuch Laws fhould be put in Execution against us. SXX. But farther, by the Doctrine of the Book of Homilies, which, by Act of Parliament, is made the Law of the Land, if any Humane Law be oppofite to the Law of God, it is not to be obey'd. Therefore, in particular, even by our Laws, if there be any Law of the Land which is repugnant to the Law of God, it is not to be obeyed. For, in the fecond Part of the Sermon of Good Works, the following Do&trine is taught. This Arrogancy God detected, that Man fhould fo advance his Laws, to make them equal with God's Laws, wherein the true Honouring and WorShipping of God ftandeth, and to make his Laws for them to be left off. God hath appointed his Latos, wherein his Pleafure is to be honoured: His Pleafure is alfo, That all Mens Laws, not being contrary unto his Laws, shall be obeyed, and kept as good and neceffary for every Commonwealth; but not as Things wherein principally his Honour refteth, and all Civil or Man's Laws either be or should be made, to bring Men better to keep God's Laws, that, confequently or followingly, God fhould be the better ho noured noured by them. Therefore, if I fhew that Spiritual Governors have a Jurifdiction or Authority committed to their Truft by the Law of God, (which being a Truft, cannot by them be alienated to the Civil Powers) in proving this, I alfo at, the fame time prove it to be the Law of this Realm. But the Law of this Realm has not only thus declared that the Law of God is above all Humane Laws whatsoever; but has also particularly declared, that the Church has a Spiritual Power and Authority within itself, which it may exercise even over the greatest Persons themselves, Kings or Emperors not excepted: And confequently must be fuch a Power as is not derived from the Civil Magiftrate; for a Power derived from the Magiftrate cannot be exercifed over him from whom it is derived. Thus in the fecond Part of the Sermon of the Right Ufe of the Church, after the mentioning our Saviour's Whipping the Buyers and Sellers out of the Temple, this Doctrine is declared to refult from it: According to this Example of our Saviour, in the Primitive Church, which was moft Holy and Godly, and in which due Difcipline with Severity was used against the Wicked, open Offenders were not fuffered once to enter into the Houfe of the Lord, nor admitted to Common-prayer, and the Ufe of the Holy Sacraments with other true Chriftians, until they had done open Penance before the whole Church; and this was practised, not only upon mean Perlons, but upon the Rich, Noble, and Mighty Perlons ; pea, upon Theodofius, that Puillant and Sighty Empero, whom for committing a grievous and wilful Murder, S. Ambrofe Bishop of Milan reproved fharply, and did alfo Excommunicate the faid Emperor, and brought him to open Penance; and they that were fo justly exempted and banished (as it were) from the House of the Lord, were taken (as they be indeed) for Men divided and feparated from Chrift's Church, and in most dangerous Fftate; yea, as S. Paul faith, even given unte unto Satan the Devil for a time, and their Company was Jhunned and avoided of all godly Men and Women, until fuch time as they, by Repentance and Publick Penance, were reconciled. That is, all godly Men and Women fhunned Communion with them as with Chriftians but the Cenfures of the Church were never fuppofed to make void any Natural or Civil Relations. And Theodofius the Emperor, whilft he was excluded from Communion by S. Ambrofe, exercifed his whole Imperial Authority, as he did before or after; neither his Council, nor any of his Subjects declined his Company in any Civil Senfe, but reforted to him, and receiv'd his Directions and Commands in the fame' Manner as they had been wont to do; he was only kept from the Publick Prayers and Sacraments of the Church, and was not permitted to affociate with the Godly Chriftians, when they met to celebrate Divine Offices. I thought proper to make this Obfervation, because the Adverfaries to the Independency of the Church generally mifreprefent this Church-Cenfure of Excommunication, as if it deprived Men of their Civil Rights, or pretended to hinder other Perfons from performing thofe Duties to the Perfon excommunicated, which he might claim from them by any Natural or Civil Right. For the Spiritual Cenfure affects not any Natural or Civil Rights, and if any of those are affected by it according to our Conftitution, that flows purely from the Law of the State, and therefore the Civil Magiftrate is allow'd to be the proper Judge how far any Civil Rights fhall be affected by it. Confequently, whenever fuch a Spiritual Cenfure is executed on a Supreme Magiftrate, as it was on the Emperor Theodofius, they can have no other than a pure Spiritual Effect: As indeed it can have upon no other Perfon whatfoever, otherwife than the Civil Laws, of which the Magiftrate is the Judge, may annex Temporal Penalties to it. § XXI. And not only our Homilies, whofe Doarine, as I have fhewed, is the Law of the Land confirm'd by Statute as well as the Doctrine of this Church, establish'd by the Bishops and Clergy in Synod or Convocation, affert the pure Spiritual Powers of the Church Independent on the Civil Powers, and that it may be exercised even upon the greatest Perfons; but the fame is owned even in the Body of an Act of Parliament, where both Lords and Commons have acknowledged, that neither they nor the King claimed any Spiritual Power, but only a Civil Power. (a) Thus when an Act was made by King Henry VIII (when the Regal Authority in Spiritual Matters was stretched to the height) concerning Peter-pence and Difpenfations, it was in exprefs Terms provided, That this Act, nor any Thing or Things therein contained, Shall not be hereafter interpreted or expounded, that your Grace, your Nobles and Subjects, intend by the fame to decline or vary from the Congregation of Chrift's Church, in any Things concerning the very Articles of the Catholick Faith of Chriftendom, o in any other Things declared by Holy Scripture and the Word of God, necellary for your and their Salvations; but only to make an Ordinance, by Policies neceffary and convenient, to reprefs Vice, and for the good Confervation of the Realms in Peace, Unity and Tranquility, from Ravin and Spoil, enfuing much the old, ancient Customs of this Realm in that Behalf, not minding to feek for any Relief, Succours, or Remedies for any Worldly Things, but, within this Realm, at the Hands of your Highness, your Heirs and Succeffors, Kings of this Realm; which have and ought to have an Imperial Power and Authority in the fame, and not obliged in any Worldly CauLes to any Superior. Here I think it is evident, that (a) 25 Hen. 8. Cap. 21. §. 19. the |