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A25430 Memoirs of the Right Honourable Arthur, Earl of Anglesey, late lord privy seal intermixt with moral, political and historical observations, by way of discourse in a letter : to which is prefixt a letter written by his Lordship during his retirement from court in the year 1683 / published by Sir Peter Pett, Knight ... Anglesey, Arthur Annesley, Earl of, 1614-1686.; Pett, Peter, Sir, 1630-1699. 1693 (1693) Wing A3175; ESTC R3838 87,758 395

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of the Bodleian Library and of which Library he was the Head-keeper And in that Office very Diligent and Careful and was a Person of great Learning and Probity The Knowledge of this Rescript of that Vniversity and likewise of the other of Cambridge is necessary to all who will be Masters of the Knowledge of the History of those times For the Author of a Book in Quarto Printed in Oxford in the year 1645. called the Parliaments power in Laws for Religion having there in p. 4. said that the third and Final Act for the Popes Ejection was an Act of Parliament 28. H. 8th c. 10. entituled an Act extinguishing the Authority of the Bishop of Rome Saith it was usher'd in by the Determination first and after by the practice of all the Clergy for in the Year 1534. which was two years before the passing of this Act the King had sent this Proposition to be agitated in both Vniversities and in the greatest and most famous Monastery's of the Kingdom That is to say An aliquid authoritatis in hoc Regno Angliae Pontifici Romano de Jure competat plusquam alii cuicunque Episcopo extero By whom it was Determined Negatively that the Bishop of Rome had no more power of Right in the Kingdom of England than any other Foraign Bishop which being Testified and return'd under their Hands and Seals respectively the Originals whereof are still remaining in the Library of Sir Robert Cotton was a good preamble to the Bishops and the rest of the Clergy Assembled in their Convocation to conclude the like And so accordingly they did and made an Instrument thereof Subscribed by the Hands of all the Bishops and others of the Clergy and who afterward confirm'd the same by their Corporal Oaths The Copies of which Oaths and Instruments you shall find in Foxes Acts and Monuments vol. 2. fol. 1203. and 1211. of the Edition of John Day An. 1570. And this was semblably the ground of a following Statute 35. H. 8. c. 1. Wherein another Oath was devised and ratified to be imposed upon the Subject for the more clear asserting of the Kings Supremacy and the utter exclusion of the Popes for ever Which Statutes though they were all Repeal'd by one Act of Parliament 1st and 2d of Phillip and Mary C. 8. Yet they were brought in force again 1 Eliz c. 1. My Lord Herbert in his History of Henry the 8 th under the year 1534. and the 26 th year of his Reign p. 408. telling us that it was Enacted that the King by his Heirs and Successors Kings of England should be Accepted and Reputed the Supream Head on Earth of the Church of Eng. called Ecclesia Anglicana c. saith that that Act though much for the manutention of the Regal Authority seem'd not yet to be suddenly approved by our King nor before he had consulted with his Counsel c. and with his Bishops who having discussed the point in their Convocations declared that the Pope had no Iurisdiction warranted to him by Gods Word in this Kingdom which also was seconded by the Vniversities and by the Subscriptions of the several Colledges and Religious Houses c. Most certainly Hen. the 8 th's gaining this point that the Bp. of Rome hath no more power here by Gods Word than any other Foraign Bishop was of great and necessary use in order to the effectual withstanding the Papal Usurpations and was re verâ the gaining of a Pass and for which end he made use of intellectual Detachments from his Vniversities And suitably to the Wisdom of our Ancestors here in Henry 8 ths time any Popish Prince abroad who intends effectually to Combat the Papal Usurpations must first gain that Pass For the effect of the common sayings in Natural Philosophy that Natura non conjungit extrema nisi per media and that Natura non facit Saltum must likewise obtain in Politicks when the Nature of things is operating there toward a Reformation of Church or State And this weighty Rescript of the Vniversity of Oxford not being Printed in Dr. Burnets excellent Historical Books of the Reformation nor yet in Fox his Martyrology and now Published here as set down in English by Dr. Iames may perhaps serve usefully to illuminate the World abroad about the way of its Transitus from Popery But here I shall observe that though I find in Mr. Fox his Acts and Monuments Printed in 3 Volumes in London for the Company of Stationers An. 1641. the Iudgment of the Vniversity of Cambridge is there set down in p. 338. and relates to the same year with the Oxford Rescript namely the year 1534. yet it doth not there appear to be a Rescript to King Henry 8 th by way of return to a Letter from his Majesty and it begins thus Vniversis sanctae Matris Ecclesiae filijs ad quos praesentes literae perventurae sunt Caetus omnis Regentium non Regentium Academiae Cantabrigiensis salutem in omnium Salvatore Iesu Christo. Cum de Romani Pontificis potestate c. And then follows the Translation of the whole in English and which makes about half of that page 338 and wherein the same Judgment for substance is given with that of the Oxford Rescripts That the Bishop of Rome hath no more State Authority and Iurisdiction given him of God in the Scriptures over this Realm of England than any other extern Bishop hath That Instrument hath not there the Date of any Month to it as the Oxford Rescript hath But in the Body of the Instrument 't is mentioned that the Iudgment of that Vniversity was therein required though not by whom and towards the Conclusion of it 't is Styled an Answer in the Name of that Vniversity and 't is probable that the Iudgment of that Vniversity might have been required by some of the Ministers of King Henry 8 th and by his Order whereas the Oxford Rescript mentioned his Majesties having himself required the Iudgment of that Vniversity in that point What I have here mentioned of the Iudgment of our two Vniversities gives me occasion to take notice of an Oversight of my Lord Herbert in this place of his History by me Cited For he in this p. 408. makes the Vniversities Determining that the Pope had no Iurisdiction warranted to him by Gods Word in this Kingdom whereas he should have Represented their Sense of his not having more here than any other Foraign Bishop And thus you truly express the Sense of their Judgment in this Case when you say p. 70 th of your Book that the Popes Cards were by the Clergy that plaid his Game thrown up as to all claim of more power here by the Word of God than every other Foraign Bishop had And both our Vniversities sent their Iudgments about the same thing to the K. which methinks might make our Papists approach a little nearer to us without any fear of Infection For we allow the Bishop of Rome
Divine Worship on Men as much as your Description doth And the Venetians particularly opposing the Popes Interloping in their Jurisdiction that other thing referred to in your Description is sufficiently known But if by your Description of Popery you intend only to give us a Dictionary of your Sense of the word generally as used by you and that you intend by the Extermination of Popery the Banishing only of those Principles of it that are Irreligionary out of Mens Minds namely the Principles that tend to the Popes Spiritual and Temporal Vsurpations I am not to quarrel with your expressing your own meaning But as I Judge several Roman-Catholick Writers using the Term Popery to intend thereby the Religion of the Church of Rome as for example the Author of the Compendium saying what I before referred to that nothing but Popery or at least its Principles can make the Monarchy of England again emerge or lasting yet as to which a Divine Sentence was in the Mouth of the King when in his Gracious Expressions in Council concerning the Church of England he Judged otherwise and said I know the Principles of that Church are for Monarchy c. and meaning by Popery what was called la Catholicitè I shall say that according to the common acception of the Word Popery were I to explain what I usually mean by it I would declare that I mean not only the Power of the Bishop of Rome but of any General Councils in Imposing Creeds and Doctrines c. on me And I desiring to have all Religionary Errors banished out of my understanding and Loving my Neighbour as my self will desire they may be so out of his and particularly if after he knoweth he is bought with a price he shall think it lawful for him to be a Servant of Men And will not only weigh the Commands and Decrees of any Bishop But of any General Council whatsoever And if in Matters that Import my Salvation I find them contrary to the Bible with a Salvo to the Reverence I owe to all Lawful General Councils I will desire them to excuse me from obeying them Were it not for what you have so well in p. 48. said that the Protestant Religion not making the intention of the Preist essential to the Sacrament of the Eucharist is more strongly assertive of the Real presence there than the Popish Hypothesis and for that great and excellent Notion of yours in your Discourse viz. That Papists and others being bought with a Price that therefore they ought not to be the Servants of Men and my Judging that according to what I have mentioned out of Dr Iackson that you would separate your self from any Church that imposed any thing Magisterially on Mens Faiths I might think that perhaps had you lived in the Reign of Henry the 8 th you would not have separated from the Ecclesia Anglicana as then by Law Established And therefore when by your warm Expressions in p. 47. after you have said that the Protestation that the Protestant Religion requires is such a continual one as is Reiterated upon every fresh Act and Attempt of the Papal Religion upon ours and whereby it would impose Creeds and Doctrines on us contrary to the Liberty of the Church of England as now by Law Established You tell us that We are to shew no Mercy to these Principles of Popery that disquiet the World and on the several occasions offered protest against the Damages that both our King and Country may have from the Rage of Popery I may tell you that this PROTESTANCY amounts to no more than what we read of in the Review of the Council of Trent where in Book 1. and 12 th Chapter the Author refers to the French King by his Embassadors causing a PROTESTATION to be made against the Council of Trent and as appeared by the Oration there made by Mr. Arnold de Ferriers the 22 d. of September 1563. where among other things having mentioned many grievances he saith that according to the Commands of the most Christian King they were constrained CONCILIO INTERCEDERE VT NVNC INTERCEDEBANT by the same Token that that Book relates how thereupon a certain Prelate of the Council of Trent not well understanding the Propriety of the Word Intercedere which the Tribunes were wont of Old to use when thay made their Oppositions and Hinderances asked his Neighbour PRO QVO ORAT REX CHRISTIANISSIMVS But of the French Kings Embassadors protesting not only against Grievances in the Council of Trent but against it self as a Grievance and of some occasions thereof it will come in my way to speak hereafter Nor was there ever any Instrument or Paper Writ with more sharpness of Anger and Scorn in the way of Defiance against Papismus or Popery than H. the 8 ths Protestation against the Council of Trent and yet inclusive too of another Protestation I mean of his Adherence to the Faith then called Catholick That long Protestation calls the Pope by the Name of Bishop of Rome and saith surely except God take away our right Wits not only his Authority shall be driven out for ever but his NAME also shall be forgotten in England Nor did ever any Protestant Writer in Queen Elizabeths or King Iames the First 's time or in our late Fermentation so zealously press the Exterminating of the Papal Power as Henry the 8ths Proclamation about the Abolishing the same Triumph at its being here done And where he saith We have by Good and Wholsom Laws and Statutes made for this purpose EX●IRPED ABOLISHED Separated and Secluded out of this our Realm the Abuses of the Bishop of Rome his Authority and Iurisdiction of long time Vsurped c. And the King there Orders all manner of Prayers Oraisons Rubricks Canons of Mass-Books and all other Books in the Churches wherein the Bishop of Rome is NAMED or his Presumptuous and proud Pomp and Authority preferred utterly to be Abolished Eradicate and Razed out and his NAME and Memory to be never more except to his Contumely and Reproach remembred but perpetually suppressed and obscured The Act of 28 of Henry the 8 th before spoken of called an Act for Extinguishing the Authority of the Bishop of Rome was here referred to and which Act and other Acts of Parliament Establishing the Kings Supremacy and Excluding the Pope for ever I mentioned as revived in Queen Elizabeths time after their being repeal'd in Queen Mary's I need not observe to you how this present French King hath likewise lately shewn a very Commendable Zeal for the Exterminating the Vsurpations of the Papal Power in the Business of the Regalia and that the Case of that Kings Power is much altered for the better since D' Ossat Writ to Villeroy from Rome with so much Joy for his having found out an expedient as to the difference between Henry the 4 th and the Pope about the granting to one a Church Dignity in France Namely to have the Words put
of the DEPOSING Power than any thing said by their Writers hath been and no doubt but when any more such close Attacks shall be made upon them by our Writers as have been since his Majesties Reign to charge the Allowance of the Deposing Power on their Church they will not neglect to Crave Aid from what you have said in that your Historical Account of that Peace I assure you it was no easie Task to give so Critical and so Impartial an account of the factum of that Peace as you have done and so much for the Advantage of the Papists and whereby you have Merited much more from them than their Favorite of our Church Dr. Heylin did by Writing of the Outrages that accompanyed the Reformation And your occasional rectifying the Mistake of a considerable Writer of the Church of Rome and of such another of the Church of England here in the Negotiation of that peace hath shewed the Niceness and Difficulty of stating it exactly as you have done The Author of the Novelles de la Republique des Lettres for the Month of November last past giving an account of Dr. Burnets 2d Part of the Hist. of the Reformation being Beyond-Sea lately Printed in French doth there in p. 1250 give the World a fresh view of the Horrour of the Lateran Council by rendring our Queen Mary as prompted by that Council to the Persecution of her Protestant Subjects But you having in your Discourse with the Exquisite Artifice of Oratory mentioned some Passages in her Reign not commonly known and that on the Foundation you lay'd so low in the Rubbish of her Reign you might with more Advantage support the whole Super structure of your Judging that any Roman Catholick Prince that should inherit the Throne here would perfectly Decline her politicks and likewise in your Preface particularly fortified the Minds of People against the Fears and Jealousies of such a Prince that might be Occasioned by the Lateran Council did very seasonably thereby advance the measures of Loyalty and Mens more chearful adherence to the Lineal Succession And the Truth is that among the many Pamphlets Writ with most Artifice and ill apply'd Learning ad faciendum populum and to pervert them to the Exclusion I observing the Lateran Council so much insisted on cannot but Judge your undeceiving them in that point to have been the more necessary The Pamphlet you shew'd me in 4 to Pr for Ianeway in the year 1681. and called A Moderate Decision of the Point of Succession humbly proposed to the consideration of the Parliament doth harp much on that Council And another Pamphlet Printed in the same year for the same Person and called The Case of Protestants in England under a Popish Prince c. did there among the many Quotations out of the Canon Law and Canonists councils and Popish Divines and School-Men making for its purpose in p. 5. and 27. trouble us with the Lateran Council and mentions Bellarmines calling it the Papists great and most Famous Council Your having in your Discussion so succesfully combated the obligatoriness of that Council upon Papists was of great use for the unblundering many nominal Protestants as your term is in their fancying it so necessary for the quiet of Christendom that Princes and their Subjects should agree in the Belief of the Speculative points of Religion as your expressions are and whereupon you promise the Age your publication of the fact of the Munster Peace and its Consequences and which promise you have in your Preface so well and fully perform'd The Author of the Answer to the Book call'd A Papist Misrepresented doth refer to Lessius his Discussio decreti magni Concil Lateran and saying that the Churches Authority would not be maintain'd without the Deposing Power and in p. 104. making the Councils of Lateran under Alex. 3. and Innocent 3. to be general ones And in the Reflections on the Answer nothing is mentioned to deny it But your having in your Discussion cited Cardinal Peron for having so strenuously asserted that Councils being a general one and yet not thinking it Obligatory for the Exterminating the Persons of Hereticks from France where their number was so great and your having cited Cardinal D' Ossat partly to the same effect and further shewing this their Doctrine Incarnate in the Lives of so many Roman-Catholick Crown'd Heads and their Empires after all the dismal effects that the contrary practices produced and that the Voice of Nature did in the Storm their Country 's were in and when it was so necessary to have many Hands speak it as plainly concerning Heretical Subjects continuing with them as St. Pauls words were to the Centurion and to the Soldiers viz. except these abide in the Ship ye cannot be saved and your shewing that pursuant to the Munster Peace they did abide in the Ship and thereby saved themselves and it was time by you very nobly spent in your helping Men to See how far Nature had by its powerful Hands effectually delivered People from their Fears of the Lateran Council and which time was to much better purpose spent than that of some Roman-Catholick Apologists for any harsh thing Decreed by General Councils and saying that they are not declared as Doctrinal points and that the Decrees relating only to Discipline and Government come short of being Articles of Faith as the Author of the Reply to the Reflections upon the answer to a Papist Misrepresented and Represented o●●erves and as to which he there further in p. 54. quotes the Vindication of Dr. Sherlocks Sermon for saying that to Decree what shall be done includes a Virtual Definition of that Doctrine on which that Decree is founded But such little Arts the great Cardinal you mentioned forbore to use in the point of the Lateran Council And 't is not Art but Nature that can satisfie the Curious in this inquisitive Age and by the great prospect of Nature you have shew'd Men appearing in the Munster-Peace they will be naturally untaught their Fears of that Council now they know its Sting is pluck'd out what ever humming about their Ears it may still make by the help of any Writers The Learned Author of the Seasonable Discourse in his other Book of the difference between the Church and Court of Rome consider'd in p. 21. speaking of the Lateran Council and how his Roman-Catholick Antagonist had Cited one Iohn Bishop who in a Book Written in the time of Queen Elizabeth affirmed that the Constitution of the Lateran Council on which the whole Authority of Absolving Subjects from their Allegiance and Deposing Princes is founded is no other than a Decree of Pope Innocent the 3 d and was never admitted in England Yea that the said Council was no Council at all nor any thing at all there Decreed by the Fathers doth in the following Pages substantially Confute his Adversary and sets up the Authority of Cardinal Peron and of the Council of Trent against