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be duly preached, and the sacraments rightly adminis 'tered, and discipline entertained; they are to cause the or'dinances made by the provincial, national and general assemblies to be put in execution; to make or abolish con stitutions which concern decent order in their kirks, pro'vided they alter no rules made by the superior assemblies, and communicate their constitutions to the provincial assembly; they have power to excommunicate the obstinate after due process. Concerning particular kirks, if they are lawfully ruled by sufficient ministers and session, they have power and jurisdiction in their own congregation in matters ecclesiastical."

This act, for the greater solemnity, was confirmed again in the year 1593, and again this present year 1594, so that from this time, to the year 1612, presbytery was undoubtedly the legal establishment of the kirk of Scotland, as it had been in fact ever since the reformation.

To return to England. Several champions appeared about this time for the cause of episcopacy, as Dr. Bilson, Bancroft, Bridges, Cosins, Soam, and Dr. Adrian Sararia, a Spaniard, but beneficed in the church of England: This last was answered by Beza; Bridges was answered by Fenner, Cosins by Morrice, and Bilson by Bradshaw, though the press was shut against the puritans.

But the most celebrated performance, and of greatest note, was Mr. Hooker's ecclesiastical polity, in eight books; the four first of which were published this year; the fifth in the year 1597, and the three last not till many years after his death, for which reason some have suspected them to be interpolated, though they were deposited in the hands of archbishop Abbot, from whose copy they were printed, about the beginning of the civil wars.* This is esteemed the most learned defence of the church of England, wherein all that would be acquainted with its constitution (says a learned prelate) may see upon what foundation it is built. Mr. Hooker begun his work while master of the Temple, but meeting with some trouble, and many interruptions in that place, the archbishop, at his request, removed him to Boscum in the diocese of Salisbury, and gave him a minor * Life of Whitgift, p. 421.

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prebend in that church; here he finished his four first books; from thence he was removed to the parsonage of Bishopshorn in Kent, about three miles from Canterbury, where he finished his work and his life in the year 1600, and in the 47th year of his age.

The chief principles upon which this learned author proceeds, are,'

"That though the holy scriptures are a perfect standard of doctrine, they are not a rule of discipline or government: Nor is the practice of the apostles an invariable rule or law to the church in succeeding ages, because they ' acted according to the circumstances of the church in its 'infant and persecuted state: Neither are the scriptures a ' rule of human actions, so far as that whatsoever we do in matters of religion without their express direction or 'warrant is sin, but many things are left indifferent: The 'church is a society like others, invested with powers to 'make what laws she apprehends reasonable, decent, or ne6 cessary for her well-being and government, provided they 'do not interfere with, or contradict the laws and com'mandments of holy scripture: Where the scripture is silent, human authority may interpose; we must then have recourse to the reason of things and the rights of society: "It follows from hence, that the church is at liberty to appoint ceremonies, and establish order within the limits ' above-mentioned; and her authority ought to determine 'what is fit and convenient: All who are born within the 'confines of an established church, and are baptized into it, are bound to submit to its ecclesiastical laws; they may 'not disgrace, revile, or reject them at pleasure: The church is their mother, and has more than a maternal power over them: The positive laws of the church not being of a 'moral nature, are mutable, and may be changed or rever'sed by the same powers that made them; but while they 6 are in force they are to be submitted to, under such penalties as the church in her wisdom shall direct."

The 4th and 5th propositions are the main pillars of Mr. Hooker's fabric, and the foundation of all human establishments, viz. That the church, like other societies, is invested with power to make laws for its well-being; and that where the scripture is silent, human authority may interpose. All

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men allow, that buman societies may form themselves after any model, and make what laws they please for their wellbeing; and that the christian church has some things in common with all societies as such, as the appointing time and place, and the order of public worship, &c. but it must be remembered, that the christian church is not a mere voluntary society, but a community formed and constituted by Christ the sole king and law-giver of it, who has made sufficient provision for its well-being to the end of the world. It does not appear in the New Testament, that the church is empowered to mend or alter the constitution of Christ, by creating new officers, or making new laws, though the christian world has ventured upon it. Christ gave his church prophets, evangelists, pastors, and teachers, for the perfecting the saints, and edifying his body; but the successors of the apostles in the government of the church, apprehending these not sufficient, have added patriarchs, cardinals, deans, archdeacons, canons, and other officials. The church is represented in scripture as a spiritual body; her ordinances, privileges, and censures, being purely such; but later ages have wrought the civil powers into her constitution, and kept men within her pale, by all the terrors of this world, as fines, imprisonments,, banishments, fire and sword. It is the peculiar excellence of the gospel worship to be plain and simple, free from the yoke of jewish ceremonies; but the antichristian powers, thinking this a defect, have loaded it with numberless ceremonies of their own invention; and though there are laws in scripture sufficient for the direction of the church, as constituted by Christ and his apostles, they have thought fit to add so many volumes of ecclesiastical laws, canons, and injunctions, as have confounded, if not subverted, the laws of Christ.

Whereas if men considered the church as a spiritual body, constituted by Christ its sole law-giver for spiritual purposes, they would then see that it had no concern with their civil rights, properties and estates, nor any power to force men to be of its communion, by the pains and penalties of this world. The laws of the New Testament would appear sufficient for the well-being of such a society; and in cases where there are no particular rules and injunctions,

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that it is the will of Christ and his apostles, there should be liberty and mutual forbearance; there would then be no occasion for christian courts, (as they are called) nor for the interposition of human authority, any further than to keep the peace. Upon the whole, as far as any church is governed by the laws and precepts of the New Testament, so far is it a church of Christ; but when it sets up its own by-laws as terms of communion, or works the pol icy of the civil magistrate into its constitution, it is so far a creature of the state.

Mr. Hooker's two last propositions are inconsistent with the first principles of the reformation, viz. that all that are born within the confines of an established church, and are baptized into it, are bound to submit to its ecclesiastical laws under such penalties as the church in her wisdom shall direct. Must I then be of the religion of the country where I am born? that is, at Rome a papist; in Saxony a lutheran; in Scotland a presbyterian; and in England a diocesan prelatist; and this under such penalties as the church in her wisdom shall think fit? Must I believe as the church believes, and submit to her laws right or wrong? Have I no right as a man and a christian, to judge and act for myself, as long as I continue a loyal and faithful subject to my prince? Surely religious principles and church communion should be the effect of examination and a deliberate choice, or they lose their name, and degener, ate into hypocrisy or atheism.

From general principles Mr. Hooker proceeds to vindicate the particular rites and ceremonies of the church, and to clear them from the exceptions of the puritans, which may easily be done when he has proved, that the church has a discretionary power to appoint what ceremonies, and establish what order she thinks fit; he may then vindicate not only the ceremonies of the church of England, but all those of Rome, for no doubt that church alledges all their ceremonies conducive to her well-being, and not inconsistent with the laws of Christ.§

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STo Mr.Neal's remarks on the principles of the "ecclesiastical polity," may be added; that how just and conclusive soever these principles are in themselves, they do not, they cannot apply to the vindication of

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This year died Dr. John Aylmer, bishop of London, whose character has been sufficiently drawn in this history; he was born in Norfolk, educated in Cambridge, and in Queen Mary's reign an exile for religion; he was such a little man, that Fuller* says, when the searchers were clearing the ship in which he made his escape, the merchant put him into a gre: wine butt that had a partition in the middle, so that Mr. Aylmer sat inclosed in the hinder part, while the searchers drank of the wine which they saw drawn out of the head on the other part; he was of an active busy spirit, quick in his language, and, after his advancement, of a stout and imperious behavior: in his younger days he was inclined to puritanism, but when he was made a bishop he became a resolute champion of the hierarchy, and a bitter persecutor of his former friends. In his latter days he was very covetous, and a little too lax in his morals: He usually played at bowls on Sundays in the afternoons; and used such language at his game, as justly exposed his. character to reproach; but with all these blemishes, the writer of his life (Mr. Strype) will have him a learned, pious, and humble bishop. He died at Fulham, June 3, 1591, in the 74th year of his age.

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our religious establishment, till it be proved that its ceremonies and laws were fixed by the church. In whatever sense the word church is used; this is not the fact. Whether you understand by it, "a congregation of faithful men," or "all ecclesiastical persons, or “an order of men who are set apart by christianity, and dedicated to this very purpose of public instruction"-in neither sense were the forms and opinions of our established religion settled by the church. They originated with royal pleasure: they have changed as the will of our princes hath changed; they have been settled by acts of parliaments, formed illegally, corrupted by pensions, and overawed by prerogative, and they constitute part of the statute law of the land.

See my Letters to the Rev. Dr. Sturges. 1782, p. 15-28. ED.

*Fuller's Worthies, b. ii. p. 248.

This prelate had been preceptor to Lady Jane Grey. During his residence in Switzerland, he assisted John Fox, in translating his Martyrology into Latin. It was usual with him, when he observed his audience to be inattentive, to take an Hebrew bible out of his pocket and read them a few verses, and then resume his discourse. It is related, as an instance of his courage, that he had a tooth drawn to encourage the Queen to submit to the like operation. But it is more to the honor of his judgment and patriotism, that notwithstanding his

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