Selected quad for the lemma: authority_n
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A45426
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Of schisme a defence of the Church of England against the exceptions of the Romanists / by H. Hammond ...
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Hammond, Henry, 1605-1660.
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1653
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Wing H562A; ESTC R40938
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74,279
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if it have respect to a civil right may in this or that nation be repealed is the judgment of Roger Widrington or Father Preston in his last rejoinder to Fitzherbert c. 11. § 44. and c. 8. he confirms it by the doctrine of Zuarez l. 2. de leg c. 19. and the reason of Zuarez is because such a law made at a general meeting of Princes is intrinsecally a civil law and hath not force by virtue of the law to binde the subjects of any particular kingdome or Common-wealth any otherwise then as it is enacted or received by the Governors and subjects of that kingdome § 23. And this is affirmed and extended by Balsamon to all Canons in general as the judgment of learned men in his notes on that 16 th Canon of the Councel of Carthage before cited § 24. So if alienated by prescription And for the matter of Prescription the decision of †Clav Reg l. 9. c. 12. Sayr is worth observing that in such cases as these Cum Praescriptio sit tantùm de jure Civili Canonico When the Prescription is neither of the law of Nature nor the Divine law nor the law of Nations but only of the Civil and Canon law there non plus se extendit quà m unusquisque supremus Princeps in suo Regno eam suis legibus extensam esse velit it extends no farther then every supreme Prince in his Realm by his laws is supposed to will that it shall be extended which saith he cannot be supposed in matters of this nature of exempting subjects from making their appeal to their King for saith he non est de mente alicujus Principis ut quispiam subditorum possit praescribere quòd ad Principem ab eo non appelletur aut quòd eum coercere non potest quando ratio justitia postulat It is not imaginable to be the minde of any Prince that any of his subjects should be able to prescribe that he is not to appeal to his Prince but to some other or that his Prince may not punish him when reason and justice requires It were easie to apply this distinctly to the confirming of all that I here pretend but I shall not thus expatiate CHAP. VII Their third Evidence from our casting off Obedience to the Bishop of Rome at the Reformation § 1. UPon that one ground laid in the former Chapter the power of Kings in general and particularly ad hunc actum to remove Patriarchates whatsoever can be pretended against the lawfulnesse of the Reformation in these kingdomes will easily be answered And therefore supposing the third and last objection to lie against our Reformation that it was founded in the casting off that obedience to the Bishop of Rome which was formerly paid him by our Bishops and people under them I shall now briefly descend to that first laying down the matter of fact as it lies visible in our records and then vindicating it from all blame of schisme which according to the premises can any way be thought to adhere to it § 2. The history of what was done against the Bishop of Rome in the Reformation And first for the matter of fact it is acknowledged that in the reigne of King Henry VIII the Papal and with it all forein power in Ecclesiastical affairs was both by acts of Convocation of the Clergie and by statutes or acts of Parliament cast out of this kingdome The first step or degree hereof was the Clergie's synodical recognizing the King singularem Ecclesiae Anglicanae Protectorem unicum supremum Dominum the singular Protector the only and supreme Head of the Church of England Upon this were built the statutes of 24 Hen VIII prohibiting all Appeals to Rome and for the determining all Ecclesiasticall suits and controversies within the kingdome The statute of 25 Hen VIII for the manner of electing and consecrating of Archbishops and Bishops and another in the same year prohibiting the payment of all impositions to the court of Rome and for the obtaining all such dispensations from the See of Canterbury which were formerly procured from the Popes of Rome and that of 26 Hen VIII declaring the King to be the supreme head which in Queen Elizabeth's reign was to avoid mistakes changed into supreme Governour of the Church of England and to have all honours and praeeminencies which were annexed to that title § 3. This was in the next place attended with the submission of the Clergie to the King agreed on first in Convocation and afterward in 25 Hen VIII enacted by Parliament to this purpose that as it was by the Clergie acknowledged that the Convocation of the Clergie then was alwaies had been and ought to be assembled by the Kings writ and as they submitting themselves to the King's Majestie had promised in verbo sacerdotis that they would never from thenceforth presume to attempt allege claim or put in ure enact promulge or exercise any new Canons Constitutions Ordinances Provincial or other unlesse the King 's most royal assent may to them be had to make promulge execute the same so it was now enacted that none of the Clergie should enact promulge or execute any such Canons Constitutions and Ordinances Provincial or Synodical without assent and authority received from the King upon pain of imprisonment and fine at the Kings pleasure § 4. The third and last step of this began with the debate of the Vniversities and most eminent Monasteries in the kingdome An aliquid authoritatis in hoc Regno Angliae Pontifici Romano de jure competat plusquam alii cuiquam Episcopo extero Whether any authority did of right belong to the Bishop of Rome in the Kingdome of England more then to any other forein Bishop and upon agitation it was generally defined in the negative and so returned testified under their hands and seals The like was soon after concluded and resolved by the Convocation of the Bishops and all the Clergie and subscribed and confirmed by their corporal oathes And at that time was written and printed the Tract de verâ differentiâ Regiae et Ecclesiasticae potestatis set out by the Prelates the chief composers of which were John Stokesly Bishop of London Cutbert Tunstall Bishop of Durham Stephen Gardiner Bishop of Winchester and D r Thirlby afterward Bishop where from the practise of the Saxon and first Norman Kings they evidence the truth of that Negative out of story And what was thus concluded by the Clergie was soon turned into an Act of Parliament also in 28 Hen VIII called An Act extinguishing the authority of the Bishop of Rome and prescribing an oath to all Officers Ecclesiastical and lay of renouncing the said Bishop and his authority § 5. By these three degrees it is acknowledged that the Bishops and Clergie first then the King confirming the Acts of the Convocation and after making Acts of Parliament to the same purposes renounced the authority of the Roman See and cast it
Eginartus Chancellor to Charles the Great and who wrote his life say it was done by Charles the Great And so doth Rhegino who lived in the next age And accordingly in Duarenus de Benef lib. 1. cap. 9. among the Minorum Gentium Patriarchatus that of Grado is reckoned for one and joyned with Aquileia Canterbury and Bourges § 14. Frequent in the East And that it was a frequent usage in the East may appear by the 12 th Canon of the Councel of Chalcedon where we finde mention of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cities honoured by letters patents from the Kings or Emperors with the name and dignity of Metropoles and where the Councel represses the ambition of Bishops which sought those privileges 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by Rescripts from the Emperours and censures it in them that so sought it as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not agreeable to the Ecclesiastical Canons repressing the ambition of the Bishops but not cassating the Rescripts nor withdrawing the honour from the Metropolis so erected Of this Canon Balsamon saith that when it was made many Emperours had erected many Metropolitanes and naming three adds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that other Bishopricks were thus honoured and that the Emperours did it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according to the power that was given them Where it is farther to be observed 1. that this Councel was within 20 years after that grant of Valentinian and consequently if Balsamon say right that at that time many Emperours had erected many there must needs be others before Valentinian 2. That the 17 th Canon of the Councel of Chalcedon doth more expresly attribute this power to the Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If a city be built or restored by the Kings power let the Ecclesiastical order follow the Political And the same power is acknowledged to belong to the Prince by the Councel in Trullo Can 38. And then 3. that these two last Canons are reconciled with that 12 th of Chalcedon by the law of Alexius Comnenus and assented to by the Synod under him See Balsam in Can 38. Concil in Trullo who concludes that the King might doe it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon his own incitation or motion but it should not be lawful for any by base sollicitation to seek or obtain it adding that in that case upon any such Rescript of the Emperour for such erection it might be lawful for the Patriarch to suspend the confirmation of the Charter untill he represented to the Emperour what the Canons were in that case and understood if the Emperour did it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from his own motion which appearing the Patriarch was to admit thereof And accordingly the same Balsamon on Concil Carthag Can 16. doth upon that Canon professedly found the authority of Princes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to advance an Episcopal See into a Metropolis and anew to constitute Bishops and Metropolitanes § 15. So also to translate As for the transplanting it also from one city to another besides that the power of doing that is consequent to the former the examples of this practise are antient Examples in England Concil Angl p. 26. and frequent in this kingdome The passage set down out of the Annals of Gisburne may be sufficient From Caeruske the Metropolitan seat was translated to S. Davids by King Arthur where it continued till Henry I. and then was reduced to Canterbury § 16. In like manner 't is evident that the Kings of England have divided Bishopricks and erected new ones About the year 630. Kinigilsa King of the West-Saxons and Oswald of the Northumbers erected an Episcopal See at Dorchester and placed Birinus in it so saith Guil Malmesb de Gest Pontif Angl l. 2. About the year 660 Kenewalch King of the West-Saxons divided this Bishoprick and left part to Dorchester and assigned the western part to be the Diocese of the new Bishop which he constituted at Winchester so saith Hen Huntingd Hist l. 3. Then Winchester was subdivided in the time of King Ina who also erected a new Bishoprick at Sherburne and gave it to Aldelme so Henr Huntingd l. 4. and Guil Malm de Reg Angl l. 1. c. 2. And after the Norman conquest Henry I. divided Cambridgeshire from the See of Lincolne and erected the Bishoprick of Elie so saith Guiliel Malm de Gest Pontif Angl l. 4. and Florentius Wigorn Anno 1109. who lived at that time So also saith Eadmer with some variation Regi Archiepiscopo caeterÃsque Principibus regni visum fuit de ipsâ Parochiâ Lincolniae sumendum quo fieret alter Episcopatus cujus cathedra Principatus poneretur in Abbatiâ de Eli It seemed good to the King the Archbishop and the rest of the Princes of the kingdome to take as much out of the Diocese of Lincolne as would make another Bishoprick the chair whereof should be set up in the Abbacie of Elie. Adding indeed that Anselme a zealous promoter of the Papal authority as the author Eadmer was a disciple and admirer of Anselme wrote to Pope Paschalis desiring his consent to it as a thing fit to be done and yet to which he assures him he would not give his consent but salvâ authoritate Papae reserving the rights of the Pope Which though it doth suppose the Popes pretensions to that authority at that time and Anselm's yeilding it to him yet it proves also this right of our Kings to have been even then adhered to preserved and exercised by them as the former authors had set it down § 17. So to exempt from Episcopal jurisdiction Of this nature also is the authority of Kings in exempting any Ecclesiastical person from the Bishops Jurisdiction and granting Episcopal Jurisdiction to such person which is largely asserted and exemplified in Cawdries case 5. Report 14. One instance of this will serve for all that of William the Conqueror who exempted Battel Abbey in Sussex from the Jurisdiction of the Bishop of Chichester and gave the Abbat Episcopal Jurisdiction in his Territorie and the words of the Charter are produced by M r Selden on Eadmer Hoc regali authoritate Episcoporum ac Baronum meorum attestatione constituo I appoint this by my royal authority by the attestation of my Bishops and Barons § 18. Kings Founders of Bishopricks and Patrons Adde even unto this that even the Westerne Princes in those parts where the Bishops of Rome have much hightned their power ever since the Kings were Christians the German Emperours the Kings of France and England alwayes claimed to be founders of all Bishopricks in their Dominions Patrons of them to bestow them by investiture that the Kings of France and England often claimed and were acknowledged to have right that no Legate from Rome might come into the Land and use jurisdiction without their leave All which put together are a foundation for this power of the Princes to erect or translate a Patriarchate It being withall acknowledged that