of Bishops as is acknowledg'd by Dr. Johnston in his assurance of Abby-Lands p. 27. I shall proceed to shew First That the Pope hath no such power as to confirm these Alienations and this is expresly determined by the insallible Pope Damasus in the Canon-Law Caus. 12. 9. 2. c. 20. The Pope cannot alienate Lands belonging to the Church in any manner or for any necessity whatsoever both the buyer and the seller lie under an Anathema till they be restored so that any Church-man may oppose any such Alienations and again require the Lands and Profits so alienated So that here we have a full and express Determination of the infallible See. And tho' in answer to this it is urg'd by Dr. Johnston that this Canon is with small difference published by Binius in the Councils and so as to confine it to the suburbicacy Diocess of Rome yet that this Answer is wholly trivial will appear First Because if the Bishop of Rome hath no Authority to confirm such alienations in his own peculiar Diocess where he hath most power much less can he do it in the Provinces where his power is less Secondly That in all Ecclesiastical Courts of the Church of Rome it is not Binius's Edition of the Councils but Gratian's Collection of Canons that is of Authority in which Book these words are as here quoted Thirdly Since this Book of the Popes Decree hath been frequently reprinted by the Authority and Command of several Popes and constantly used in their courts this is not to be look'd upon as a Decree of Pope Damasus only but of all the succeeding Popes and in the opinion of F. Ellis Sermon before the King Decem. 5. 1686. p. 21. what is inserted in the Canon-Law is become the Judgment of the whole-Church Fourthly It 's absolutely forbid by Pope Gregory the Thirteenth in his Bull ptefixed before the Canon-Law A. D. 1580 for any one to add or invert any thing in that Book So that according to this express Determination in the Popes own Law the Bishops of Rome have no power to confirm any such Alienations as have been made in England and agreeable to all this Pope Julius the Fourth the very Person that is pretended to have confirm'd these Alienations declar'd to our English Ambassadors that were sent upon that Errand That if he had power to grant it he would do it most readily but his Authority was not so large F. Paul's H. of Council of Trent Land. A. D. 1629. p. 392. And therefore all Confirmations from the Bishop of Rome are already prejudg'd to be invallid and of no force at all Secondly No Bishop of Rome did ever confirme them The Breve of Pope Julius the Third which gave Cardinal Pool the largest powers towards effecting this had this express limitation Salvo tamen in his quibus propter renem magnitudinem gravitatem haec Sancta sedes merito tibi videritur consulenda nostro prefatae sedis beneplacito conformatione i. e. Saving to us in these matters in which by reason of their weight and greatness this holy See may justly seem to you that of right it ought to be consulted the good pleasure and confirmation of us and of the holy See which is the true English to that Latin and that this whole Kingdom did then so understand these words is evident from the three Ambassadors that were sent to Rome the next Spring viz. Viscount Montecute Bishop of Ely and Sir Edward Carn these being one to represent every state of the Kingdom to obtain of him a Confirmation of all those Graces which Cardinal Pool had granted Burnet's H. Ref. p. 2. f. 300. So that in the esteem of the whole Nation what the Cardinal had done was not vallid without the Confirmation of the Pope himself Now this Pope Julius and the next Marcellus both dyed before there is any pretence of any Confirmation from Rome but this was at length done by Pope Paul the Fourth is pretended and for proof of it three things are alledged First The Journals of the House of Commons where are these wordes After which was read a Bill from the Popes Holiness confirming the doing of my Lord Cardinal touching the assurance of Abby-Lands c. Secondly a Bull of the same Pope to Sir Will. Peters Thirdly The Decrees of Cardinal Pool and his Life by Dudithius To all which I answer First That it s confess'd on all hands that there is no such Bull or Confirmation by Pope Paul the Fourth to be any where found in the whole World not any Copy or Transcript of it not in all the Bullaria nor our own Rolls and Records tho' it be a matter of so great moment to the Roman Catholicks of England and what cannot be produced may casily be denied Nor can it be imagin'd that a Journal of Lay-persons that were parties concerned or a private Bull to Sir Will. Peters or some hints in the Decrees and Life of the Cardinal will be of any moment in a Court at Rome whensoever a matter of that vast consequence as all the Abby-Land's in England shall come to be disputed especially if it be observed that this very Journal of the house of Commons is no publick Record but hath past through private hands hath been corrupted and defaced and that in Passages of the greatest moment as are the words of of W. Hakewell Esq in his Observation upon them 70 Years since printed A. D. 1641. And whereas the Journal's of the House of Lords are true Records and kept by their proper Officer there is not one word to be sound of any such confirmation Secondly If there ever was any such Bull it had this limitation in it that the Possessors of such Lands should bestow them all on Colleges Hospitals parochial Ministers or other such like spiritual Uses and this I prove First Because the famous Instances that are usually given of the Popes Alienations of Church Lands were only a changing them from one religious Use to another Thus when Pope Clement the Fifth A. D. 1307 supprest the Knights-Templars in this Nation and seiz'd all their Lands and Goods he gave them all to the Hospitallers of St John of Jerusalem and that was ratified in Parliament 17. Fdw. Second which Act sets forth That tho those Lands were escheated to the Lords of the Fee by the said Dissolution yet it was not lawful to detain them When Pope Clement the Seventh A. D. 1528 gave Cardinal Woolsey a Power to surpress several Monasteries he was to transferr all their Goods and Possessions to his Collegiate Church at Windsor and to Kings College in Cambridge and when the same Pope gave the same Cardinal many other Religious Houses it was for the endowing Christ-Church in Oxford and his College in Ipswich And to name no more when Pope Alexander the seventh A. D. 1655. suppress'd the Order of the Fratres Cruciferi he disposed of all their Houses Farms and Rights to such uses and
Account of it who said That he had not heard of it any other way and was so fully convinced that the Nuion had cause given them to be jealous that he himself set forward the Act and the rather because he saw that the E. of S. did not much like it The Parliament as long as it was known that the Religion was safe in the King 's Negative had not taken any great Care of its own Constitution but it seemed the best Expedient that could be found for laying the Jealousies of his Late Majesty and the Apprehensions of the Successor to take so much Care of the Two Houses that so the Dangers with which Men were then allarm'd might seem the less formidable upon so effectual a Security And thus all the stir that he keeps with Perjury and Imposture ought to make no other impression but the wantonness of his own temper that meddles so boldly with things of which he knew so little the true Secret. For here was a Law passed of which all made great use that opposed the Bill of Exclusion to demonstrate to the Nation that there could be no danger of Popery even under a Prince of that Religion but as he would turn the matter it amounts to this That that Law might be of good use in that Season to lay the Jealousies of the Nation till there were a Prince on the Throne of that Communion and then when the turn is served it must be thrown away to open the only door that is now shut upon the Re-establishment of that Religion This is but one hint among a great many more of the state of Affairs at the time that this Act of the TEST was made to shew that the Evidence given by the Witnesses had no other share in that matter but that it gave rise to the other Discoveries and a fair opportunity to those who knew the Secret of the late Kings Religion and the Negotiation at Dover to provide such an effectual Security as might both save the Crown and secure the Religion and this I am sure some of the Bishops knew who to their Honour were faithful to both The Third Reason he gives for Repealing the Act is the Incompetent Authority of those who Enacted it for it was of an Ecclesiastical nature and here he stretches out his Wings to a top-flight and charges it with nothing less than the Deposing of Christ from his Throne the disowning neglecting and assronting his Commission to his Catholick Church and entrenching upon this Sacred Prerogative of his holy Catholick Church and then that he might have occasion to seed his Spleen with railing at the whole Order he makes a ridiculous Objection of the Bishops being present in the House of Lords that he might shew his respect to them by telling in a Parenthesis That to their shame they had consented to it But has this Scaramuchio no Shame left him Did the Parliament pretend by this Act to make any Decision in those two points of Transubstantiation and Idolatry Had not the Convocation desined them both for above an Age before In the 28th Article of our Church these words are to be found Transabstantiation or the change of the substance of bread and Wine in the Supper of the Lord cannot be proved by Holy writ but it is repugnant to the plain words of Scripture overthrows the nature of a Sacrament and hath given occasion to many Superstitions and for the Idolatry of the Church of Rome that was also declared very expresly in the same Body of Articles since in the Article 35. the Homilies are declared To contain a godly and wholsome Doctrine necessary for those times and upon that it is judged that they should be read in the Churches by the Ministers diligently and distinctly that they may be understood of the people And the second of these which is against the Peril of Idolatry aggravates the Idolatry of that Church in so many particulars and with such severe expressions that those who at first made those Articles and all those who do now sign them or oblige others to sign them must either believe the Church of Rome to be guilty of Idolatry or that the Church of England is the Impudentest Society that ever assumed the name of a Church if she proposes such Homilies to the People in which this Charge is given so home and yet does not believe it her self A man must be of Bay's pitch to rise up to this degree of Impudence Upon the whole matter then these points had been already determined and were a part of our Doctrines enacted by Law all that the Parliament did was only to take these out of a great many more that by this Test it might appear whether they who came into either House were of that Religion or not and now let our Reasoner try what he can make out of this or how he can justifie the Scandal that he so boldly throws upon his Order As if they had as much in them lay destroyed the very being of a Christian Church and had profanely pawned the Bishop to the Lord and betrayed the Rights of the Church of England as by Law established in particular as well as of the Church Catholick in general p. 8 9. All this shews to whom he hath pawned both the Bishop and the Lord and something else too which is both Conscience and Honour is he has any lest When one reflects on two of the Bishops that were of that Venerable Body while this Act passed whose Memory will be blessed in the present and following Ages those two great and good men that filled the Sees of Chester and Oxford he must conclude that as the World was not worthy of them so certainly their Sees were not worthy of them since they have been plagued with such Successors that because Bays delights in Figures taken from the Roman Empire I must tell him that since Commodus succeeded to Marcus Aurelius I do not find a more incongruous Succession in History With what sensible regret must those who were so often edified with the Gravity the Piety the Generosity and Charity of the late Bishop of Oxford look on when they see such a Harleguin in his room His Fourth Reason is taken from the uncertainty and falshood of the matters contained in the Declaration itself pag. 9. For our Comedian maintains his Character still and scorns to speak of Establish'd Laws with any Decency here he puts in a Paragraph as was formerly marked which belonged to his Second Reason but it seems some of those to whom he has pawn'd himself thought he had not said enough on that head and therefore to save blottings he put it in here After that he tells the Gentry That Transubstantiation was a Notion belonging to the Schoolmen and Metaphysicians And that he may bespeak their Favour he tells them in very soft words That their Learning was more polite and practicable in the Civil Affairs of Human Life to understand the
other great Mischiefs and Inconveniences have also ensuid to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the executions thereof Therefore for thr repressirg and preventing of the aforesaid abuses Mischiefs and Inconveniences in time to come by Sect. 3. the said Clause in the said Act 1 E. 1. is Repealed with a Non obstante to the said Act in these words Be it Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Paliament Assembled and by the Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing contained in that Branch Clause Article or Sentence shall from benceforth be Repealed Annulled Revoked Annihilated and utterly made Void for ever any thing in the said All to the contrary in any wise notwithstanding And in Sect 5. of the same Act it is Enacted That from and after the First of August in the said â—… mentioned all such Commissions shall be void in these words And be it further Enacted Toat â—… and after the said First day of August no new Court should be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or â—… have the like Power Jurisdiction or Authority as to said High Commission Court now bath or pretendeth â—… have but that all and every such Letters Patents Commissions and Grants made or to be made by â—… Majesty his Heirs or Successors and all Powers and Authorities Granted or pretended or mentioned â—… be granted thereby And all Acts Sentences and Decrees to be made by vertue or colour thereof shall â—… utterly void and of none effect By which Act then the power of Exercising Ecclesiastical Jurisdiction by Commissioners under the Broad-Seal is so taken away that it provided no such power shall ever for the future be Delagated by the Crown to any Person or Person whatsoever Let us then in the last place consider Whether the Act of 13 Car. 2. ca. 12. hath Restored this Power or not And for this I take it that it is not restored â—… the said Act or any Clause in it and to make that evident I shall first set down the whole Act â—… then consider it in the several Branches of it that relate to this matter The Act is Entituled An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th Year of the â—… King Charles Entituled An Act for Repeal of a Branch of Statute in primo Elizabethae concerning Commissioners for Causes Ecclesiastical The Act it self runs thus Whereas in an Act of Parliament made in the Seventeenth Year of the â—… King Charles Entituled An Act for Repeal of a Branch of a Statute primo Elizabethae concerning Commissioners for Causes Ecclesiastical it is amongst other things Enacted That no Arch-bishop bishop nor Vicar-General nor any Chancellor nor â—… of any Arch-bishop Bishop or Vicar-General â—… any Ordinary whatsoever nor any other Spiritual Ecclesiastical Judge Officer or Minister of Justice nor any other person or persons whatsoever â—… Spiritual or Ecclesiastical Power Authority or Jurisdiction by any Grant Lisence or Commission of the King Majesty His Heirs or Successors or by any Power â—… Authority derived from the King his Heirs or Successors or otherwise shall from and after the First Day of August which then should be in the Year of our Lord â—… One thousand six hundred forty one Award Impose or Inflict any Pain Penalty Fine Amercement Imprisonment or other Corporal Punishment upon any of the Kings Subjects for any Contempt Misdemeanor Crime Offence Matter or Thing whatsoever belonging â—… Spiritual or Ecclesiastical Cognizance or Jurisdiction 2 Whereupon some doubt hath been made that all ordinary power of Coertion and proceeding in Causes acclesiastical were taken away whereby the ordinary cause of Justice in Causes Ecclesiastical hath been obstructed 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-bishops Bishops or any other person or persons named as aforesaid but that they and every of them Exercising Ecclesiastical Jurisdiction may Proceed Determine Sentence Execute and Exercise all manner of Ecclesiastical Jurisdiction and all Cenfures and Coertions appertaining and belonging to the same before any making of the act before recited in all Causes and Matters belonging â—… Ecclesiastical Jurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this â—… in as ample Manner and Form as they did and might lawfully have done before making of the said Act. Sect. 2. And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo â—… Car. and all the Matters and Clauses therein contained excepting what concerns the High-Commission Court or the new Erection of some such like court by Commission shall be and is thereby Repealed to all intents and purposes whatsoever any thing cause or sentence in the said Act contained to the contrary not withstanding Sect. 3. Provided always and it is hereby Enacted that neither this Act nor any thing herein contained shall extend or be construed to revive or give Force to the said Branch of the said Statute made in the said First Year of the Reign of the said Late Queen Elizabeth mentioned in the said Act of Parliament made on the said Seventeenth Year of the Reign of the said King Charles but that the said Branch of the said Statute made in the said First Year of the Reign of the said Late Queen Elizabeth shall stand and be Repealed â—… such sort as if this Act had never been made Sect. 4. Provided also and it is hereby further Enacted That it shall not be lawful for any Arch-bishop Bishop Vicar-General Chancellor Commissary or any other Spiritual or Ecclesiastical Judge Officer or Minister or any other person having or exercising Spiritual or Ecclesiastical Jurisdiction to Tender or Administer unto any person whatsoever the Oath usually called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendered or Administred may be charged or compelled to Confess or Accuse or to purge him or her self of any Criminal matter or thing whereby he or she may be liable to Censure or Punishment any thing in this Statute or any other Law Custom or Usage hertofore to the contrary hereof in any wife notwithstanding Sect. 5. Provided always That this Act or any thing therein contained shall not extend or be construed to extend to give unto any Arch-bishop Bishop or any other Spiritual or Ecclesiastical Judge Officer or other person or persons aforesaid any Power or Authority to Exercise Execute Inflict or determine any Ecclesiastical