History that it is beyond Before Conquest question that during all the time from St. Gregory to the Conquest the Brittish Saxon and Danish Kings without any dependance on the Pope did usually make Ecclesiastical Laws Witness the laws of Excombert Ina Withred Alfrede Edward Athelstan Edmond Edgar Athelred Canutus and Edward the Confessor among which Laws one makes it the Office of a King to Govern the Church as the Vicar of God Indeed at last the Pope was officiously kind and did bestow after a very formal way upon the last of those Kings Edward the Confessor a Priviledge which all his Predecessors had enjoyed as their own undoubted Right before viz. the Protection of all the Churches of England and power to him and his Successors the Kings of England for ever in his stead to make just Ecclesiastical Constitutions with the advice of their Bishops and Abbots But with thanks to his Holiness our Kings still continued their ancient custom which they had enjoyed from the beginning in the right of the Crown without respect to his curtesie in that matter After the Conquest our Norman Kings did After Conquest also exercise the same Legislative power in Ecclesiastical Causes over Ecclesiastical Persons from time to time with the consent of the Lords Spiritual and Temporal Hence all those Statutes concerning Benefices Tythes Advowsons Lands given in Mortmain Prohibitions Consultations Praemunires quare impedits Priviledge of the Clergy Extortions of Ecclesiastical Courts or Officers Regulation of Fees Wages of Priests Mortuaries Sanctuaries Appropriations and in sum as Bishop Bramhall adds All things which did belong to the external subsistence Regiment and regulating of the Church and this in the Reigns of our best Norman Kings before the Reformation Arch Bishop Bramh. p. 73. But what Laws do we find of the Popes making in England or what English Law hath he ever effectually abrogated 'T is true many of the Canons of the Church of Rome were here observed but before they became obliging or had the force of Laws the King had power in his great Council to receive them if they were judged convenient or if otherwise to reject them 'T is a notable instance that we have of this 20 Ed. 3. c. 9. in Ed. 3. time When some Bishops proposed in Parliament the reception of the Ecclesiastical Canon for the legitimation of Children born before Marriage all the Peers of the Realm stood up and cried out with one voice Nolumus leges Angliae mutari we will not have the Laws of England to be changed A clear evidence that the Popes Canons were not English Laws and that the Popish Bishops knew they could not be so without the Parliament Likewise the King and Parliament made a legislative exposition of the Canon of the Council of Lions concerning Bigamy which they would 4 Ed. 1. c. 5. not have done had they not thought they had power according to the fundamental Laws of England either to receive it or reject it These are plain and undeniable evidences that when Popery was at highest the Popes Supremacy in making Laws for the English Church was very ineffectual without the countenance of a greater and more powerful viz. the Supremacy of our own Kings Now admit that during some little space Obj. the Pope did impose and England did consent to the authority of his Canons as indeed the very Consent admitted rejecting of that authority intimates yet that is very short of the Possession of it without interruption for nine hundred years together the contrary being more than evident However this Consent was given either by By Permission Permission or Grant If only by Permission whether through Fear or Reverence or Convenience it signifies nothing when the King and Kingdom see cause to vindicate our ancient Liberties and resolve to endure it no longer If a Grant be pretended 't was either from Or by Grant the King alone or joyned with his Parliament If from the King alone he could grant it for his time only and the power of resuming any part of the prerogative granted away by the Predecessors accompanies the Crown of the Successor and fidelity to his Office and Kingdom obligeth him in Justice to retrieve and recover it I believe none will undertake to affirm that the Grant was made by the Law or the King with his Parliament Yet if this should be said and proved too it would argue very little to the purpose for this is to establish Iniquity by a Law The Kings Prerogative as Head of this Church lieth too deep in the very constitution of the Kingdom the foundation of our common Law and in the very Law of Nature and is no more at the will of the Parliament than the fundamental liberties of the Subject Lastly the same Power that makes can repeal a Law if the Authority of Papal Canons had been acknowledged and ratified by Parliament which cannot be said 't is most certain it was revoked and renounced by an equal Power viz. of Henry the Eighth and the whole Body of the Kingdom both Civil and Ecclesiastical It is the Resolution both of Reason and Law that no Prescription of time can be a bar to the Supreme Power but that for the Publick good it may revoke any Concessions Permissions or Priviledges thus it was declared in Parliament in Edward the Third his Reign when reciting the Statute of Edward the First they say the Statute holdeth alway his force and that the King is bound by Oath to cause the same to be kept and consequently if taken away to be restored to its Observation as the Law of the Land that is the Common Fundamental unalterable Law of the Land Besides the Case is most clear that when Henry the Eighth began his Reign the Laws asserting the Supreme Authority in Causes and over Persons Ecclesiastical were not altered or repealed and Henry the Eight used his Authority against Papal Incroachments and not against but according to the Statute as well as the Common Law of the Land witness all those Noble Laws of Provisors and praemunire which as my Lord Bramhall saith we may truly call 25 Ed. 1. 27 Ed. 3. 2 Hen. 4. c. 3 4. 7 Hen. 4. c. 6. the Palladium which preserved it from being swallowed up in that vast gulph of the Roman Court made by Edw. 1. Edw. 3. Rich. 2. Hen. 4. CHAP. XI Of the Power of Licences c. here in Edw. 3. Rich. 2. Hen. 4. Hen. 5. Hen. 6. Hen. 7. THough the Pope be denied the Legislative and Judiciary or Executive Power in England yet if he be allowed his Dispensatory Power that will have the effect of Laws and fully supersede or impede the Execution of Laws in Ecclesiastical Causes and upon Ecclesiastical Persons 'T is confest the Pope did usurp and exercise this strange Power after a wonderful manner in England before Henry the Eighth by his Licences Dispensations Impositions Faculties Grants Rescripts Delegacies and
pain of deposition to Bishops and Clerks and Anathematization to Lay-men to compose or obtrude upon any persons converted from Paganism or Judaism We retain the same Sacraments and Discipline we derive our holy Orders by lineal succession from them It is not we who have forsaken the essence of the Modern Church by substraction or rather Reformation but they of the Church of Rome who have forsaken the essence of the ancient Roman Church by their corrupt Additions as a learned Man observes The plain truth is this the Church of Rome hath had long and much Reverence in the Church of England and thereby we were by little and little drawn along with her into many gross errors and superstitions both in Faith and Worship and at last had almost lost our liberty in point of Government But that Church refusing to reform and proceeding still further to usurp upon us we threw off the Vsurpation first and afterwards very deliberately Reform'd our selves from all the corruptions that had been growing upon us and had almost overgrown both our Faith and Worship If this be to divide the Church we are indeed guilty not else But we had no power to reform our selves Here indeed is the main hinge of the Controversie but we have some concessions from our worst and fiercest Adversaries that a National Church hath power of her self to reform abuses in lesser matters provided she alter nothing in the Faith and Sacraments without the Pope And we have declared before that we have made no alteration in the essentials of Religion But we brake our selves off from the Papal Authority and divided our selves from our lawful Governors 'T is confest the Papal Authority we do renounce but not as a lawful Power but a Tyrannical Usurpation and if that be proved where is our Schism But this reminds us of the second thing in the Definition of Schism the Cause For what 2. The Cause interpretation soever be put upon the Action whether Reformation or Division and Separation 't is not material if it be found we had sufficient Cause and no doubt we had if we had reason from the lapsed state and nature of our Corruptions to Reform and if we had sufficient Authority without the Pope to reform our selves But we had both as will be evident at last Both these we undertake for satisfaction to the Catholick Church but in defence of our own Church against the charge of Schism by and from the Church of Rome one of them yea either of them is sufficient For if the pretended Authority of the Church of Rome over the Church of England be ill grounded how can our Actions fall under their censure Especially seeing the great and almost only matter of their censure is plainly our disobedience to that ill grounded Authority Again however their Claim and Title stand or fall if we have or had cause to deny that Communion which the Church of Rome requires though they have power to accuse us our Cause being good will acquit us from the guilt and consequently the charge of Schism Here then we must joyn Issue we deny the pretended Power of the Church of Rome in England and plead the justness of our own Reformation in all the particulars of it SECT VI. The Charge as laid by the Romanists THis will the better appear by the indictment of Schism drawn up against us by our Adversaries I shall receive it as it is expressed by one of the sharpest Pens and in the fullest and closest manner I bave met with viz. Card. Perron against Arch-Bishop Laud thus Protestants have made this Rent or Schism by their obstinate and pertinacious maintaining erroneneous Doctrines contrary to the faith of Roman or Catholick Church by their rejecting the authority of their lawful Ecclesiastical Superiors both immediate and mediate By aggregating themselves into a separate Body or company of pretended Christians independent of any Pastors at all that were in lawful and quiet possession of Jurisdiction over them by making themselves Pastors and Teachers of others and administring Sacraments without Authority given them by any that were lawfully impowered to give it by instituting new Rites and Ceremonies of their own in matters of Religion contrary to those anciently received throughout all Christendom by violently excluding and dispossessing other Prelates of and from their respective Sees Cures and Benefices and intruding themselves into their places in every Nation where they could get footing A foul Charge indeed and the fouler because in many things false However at present we have reason only to observe the foundation of all lies in our disobedience and denying Communion with the Church of Rome all the rest either concerns the grounds or manner or consequences of that Therefore if it appear at last that the Church of England is independant on the Church of Rome and oweth her no such obedtence as she requires the Charge of Schism removes from us and recoyls upon the Church or Court of Rome from her unjust Vsurpations and Impositions and that with the aggrevation of Sedition too in all such whether Prelates or Priests as then refused to acknowledge and obey the just Power and Laws of this Land or that continue in the same disobedience at this day SECT VII The Charge of Schism retorted upon the Romanists The Controversie to two Points IT is well noted by a learned Man that while the Papal Authority is under Contest the question Dr. Hammond is not barely this whether the Church of England be schismatical or no For a Romanist may cheaply debate that and keep himself safe whatsoever becomes of the Vmpirage but indifferently and equally whether we or the Romanist be thus guilty or which is the Schismatick that lies under all those severe Censures of the Scriptures and Fathers the Church of England or her Revolters and the Court of Rome Till they have better answered to the Indictment than yet they have done we do and shall lay the most horrid Schism at the door of the Church or Court of Rome For that they have voluntarily divided the Catholick Church both in Faith Worship and Government by their innovations and excommunicated and damned not only the Church of England but as some account three parts of the Christian Church most uncharitably and without all Authority or just cause to the scandal of the whole world But we shall lay the charge more particularly as it is drawn up by Arch-Bishop Bramhal The Church saith he or rather the Court of Rome are causally guilty both of this Schism and almost all other Schisms in the Church 1. By usurping an higer place and power in the Body Ecclesiastical than of right is due unto them 2. By separating both by their Doctrines and Censures three parts of the Christian World from their Communion and as much as in them lies from the Communion of Christ 3. By rebelling against general Councils Lastly by breaking or taking away all the lines of Apostolical
perhaps may be contrived by wise men without prejudice to the said Jurisdiction 3. That there is reason to reascertain the Fees for Probates of Wills and granting Letters of Administration with some moderate respect had to the difference of the value of Mony when the former Act was made and at this time so as the Officers in the Kings Spiritual Courts may live upon their Employment 4. And why Excommunication decreed in Court may not be sent to the Parochial Minister to be not only declared but Executed by him as the Bishops Surrogate and convenient time allowed him to endeavour to reconcile the offender and to prevent the Sentence if it may be I see not if that may give any satisfaction Such kind of Alterations perhaps may be admitted without real prejudice to the Church or rather with advantage as well as those made by the Conqueror when he divided the Ecclesiastical from the Civil Courts The Law by which he made that Division is famous the clauses of it concerning this matter may be desired by the Reader therefore I shall take the pains to transcribe them they are these Willielmus Gratia Dei Rex Anglorum c. William by the Grace of God King of England to all that have Land in the Bishoprick of Lincoln know ye all and all others my faithful People in England that the Episcopal Laws that have Non benè not well been exercised nor according to the Precepts of holy Canons even to my time in this Kingdom Concilio Communi with Common Counsel and with the Counsel of the Bishops and Abbots and all the chief men of my Kingdom I judge fit to be amended Moreover I Command and by my Kingly Authority injoyn That no Bishop or Archdeacon de Legibus Episcopalibus hold Placita Pleas any longer in Hundret nor bring any Ecclesiastical Cause to the Iudgment of Secular men but whosoever shall be called or questioned for any Cause according to the Ecclesiastical Laws he shall come to the place which the Bishop shall chuse and there shall answer for his Cause and not secundum Hundret and he shall do right to God and the Bishop not according to the Hundred but according to the Canons and Episcopal Laws But if any through pride will not appear Venire ad Justiciam Episcopalem let him be called the first second and third time and if yet he will not come let him be Excommunicated and if need be let the Strength and Iustice of the King or Sheriff ad hoc Vindicandum adhibeatur This also I defend and by my Authority interdict that no Sheriff or other Minister of the King or any Lay-man do intermeddle with the Laws which belong to the Bishop Give me leave to subjoyn a few Notes upon this Law of the Conqueror and I have done 1. The substance and matters of Ecclesiastical Power and Connusance was the same long before this Law was made and not Altered by it 't was a Law of King Alured Si quis Dei rectitudines aliquas deforciat reddat lathlite cum Dacis witam cum Anglis And the same is afterwards confirmed and renewed by Canutus and other Kings whereby it appeareth that long before the Conquest the Authority and Jurisdiction of the Church was maintained by the setled Laws of the Kingdom and that Ecclesiastical Judges had power so anciently to Excommunicate and had the help of the King and the Sheriff to proceed against the obstinate 2. 'T is yet very remarkable that for the form and manner of their Spiritual Courts and proceedings before the Conquest it was not here in England as it was at Rome and therefore our most Ancient Church-Government was not derived or Received from Rome This Law observes that before the Conqueror the Precepts of holy Canons as to distinct Jurisdictions were not observed in England that is the Canons of the Imperial Church for six or seven Hundred years before the Jurisdiction of that Church was divided from the Civil even by the Emperor Constantine himself but for so many hundred years before the Conquest our Jurisdictions were exercised together in Hundret as the Law acknowledgeth and is confessed 3. We here see a plain Establishment of our Spiritual Courts with power of Excommunication for non-appearance in the letter of this Ancient Law under the Kings defence and enforced with the Secular Arm and 't is observable that the distinction of the Ecclesiastical front the Civil Courts was made in the Kings own Name and not the Pope's by the Kings power and none other with the Counsel of his own Subjects only and not of Rome that we read of and only with respect and not in any obedience to the ancient Canons or foreign methods And thus the Jurisdiction in our Courts Ecclesiastical as distinct from the Civil is as far from being Popish in their Original as it was when they were conjoyned and therein so unlike to the distinct proceedings of the Spiritual power beyond the Seas so many hundred years before And thus our Spiritual Courts both before they were divided and when they came to be divided from our Civil Courts stand firm in the Ancient Laws of this Land 4. There are certain great Epoche's of the Legal Establishment of the Churches power which I shall but touch 1. It was received with Christianity and grew and flourished by our Ancient Laws before the Conquest 2. In the beginning of our Norman Constitution it was thus distinguished and establish'd by the Conqueror So it was in Magna Charta the first Statute 3. Vpon the Reformation in Hen. 8. it was re-establish'd 4. So it was upon the Return of Reformation after Queen Mary by Queen Eliz. And 5. so likewise upon the Return of our present gracious Soveraign King Charles II. 5. Further I hence observe that some Alterations in Ecclesiastical proceedings may be made by Law without any prejudice to the Churches power 'T is observed out of Spelman before that by this Law the Conqueror did not lessen the Churches power indeed some Inconveniences are usually consequent to publick changes and 't is thought by our Civilians that the many prohibitions which interrupt our Ecclesiastical Courts are occasioned by their being divided from the Temporal but may not that inconvenience be accidental to that Division Or if at any time there be just cause for the Church to complain in that respect is it not rather of the Judges than the Laws or the Constitution But to the matter before us admit for Instance that after Summary hearing and Sentence of the Judge in Cases of small Tithes Church rates and such trivial matters a Justice of the Peace or some other person being legally certified were impowered and obliged to grant Warrants of Distress It seems to me a greater inconvenience in exposing Excommunication in such light Causes would be hereby removed than any contracted by such an Alteration and methinks no one should disdain the new Office seeing the Superior Judge hath been ever
sift them CHAP. II. Our Ecclesiastical Jurisdiction in England was not derived from the Pope but from the Crown before the Reformation by Henry the Eighth DARE any Protestant stand to the contrary had the Pope really Authority here before Henry the Eighth did our Bishops indeed receive all their power exercised so many hundred years together originally from the Pope was not their Political Jurisdiction derived from and depending on the Crown Imperial and founded in our own Laws the Customs and Statutes of the Realm are these the Popes Laws and not the Kings was there not Ecclesiastical power in England both for Legislation and Execution ab origine before the Papal Vsurpation was not Popery at first and all along till Hen. 8. an illegal usurpation upon our more Ancient Government never own'd much less establish'd in the true Ancient Laws of England and under that very Notion rejected and expelled by him How then did our Bishops c. derive all their power from the Pope before Hen. 8. to say so is not more like an Hobbist than a Papist I thought I had caught an Hobby but War-Hawk Proof against this Popish principle SECT I. From the root and branches of Ecclesiastical Power Donation Investiture Laws I. It was a known Law long before Hen. 8. that the Church of England was founded â—5 Edw. 3. 25 Edw. 1. in Episcopacy by our Kings c. and not in the Papacy II. The Collaetion and Donation of Bishopricks and Nomination of Bishops did always belong to the King yea all the Bishopricks in this Realm are of the Kings Foundation and the full Right of Investiture was ever in the Crown Coke 1. Inst 2. S. 648. to deny it may be a praemunire III. When once the Bishops are legally invested their proper Jurisdiction came into â—5 Hen. 8. 20. their hands by the Laws without any power derived from the Pope Who saith otherwise knows nothing or means ill IV. It was acknowledg'd That Convocations are always have been and ought to be Assembled by the Kings Writ only 't is Law 35 Hen. 8. 19. V. As the power to make Laws for the Church was ever in the King so the Laws themselves must be his and none other bind us This Realm Recognizing no Superiour 35 Hen. 8. 21. As 16 Rich. 2. 5. under God but the King hath been and is free from any Laws but such as have been devised within this Realm or at our Liberty have been consented to and made custom by use and not by any foreign power SECT II. Jurisdiction THUS our Ancient Ecclesiastical Governours and Laws depended upon the Crown and not upon the Pope by the Laws of England and in the Judgment of all the States of the Kingdom before Hen. 8. and so did also the execution of those Laws by those Governours in the same publick Judgment a little better than Mr. Hickeringill's Popish opinion 2. In sundry old Authentick Histories and Chronicles it is manifest that this Realm is an Empire having an Imperial Crown to which belongs a body Politick compacted of Spiritualty and Temporalty furnished thus with Jurisdiction to yield Justice in all causes without restraint from any foreign Prince The body Spiritual having power when any Cause of Divine Law hapned to come in question the English Church called the Spiritualty which always hath been reputed and also found of that sort for knowledge c. without any exteriour person to declare and determine all such doubts and to administer all such offices as appertain to them for the due administration whereof the Kings of this Realm have endowed the said Church both with honour and possessions both these Authorities and Jurisdictions do conjoyn in the due Administration of Justice the one to help the other And whereas the King his most noble Progenitors and the Nobility and Commons of this Realm at divers and sundry Parliaments as well in the time of King Edw. 1. Edw. 3. Rich. 2. Hen. 4. all which were certainly before Hen. 8. and other noble Kings made sundry Ordinances Laws Statutes and provisions for the entire and sure preservation of the Prerogatives and Jurisdiction Spiritual and Temporal of the said Imperial Crown from the annoyance and Authority of the See of Rome from time to time as often as any such attempt might be known or espied Vid. 25 Hen. 8. 12. These things plainly shew that the whole State in Hen. 8's time was not of Mr. Hickeringill's mind but that before that time the whole power of the Church was independent on the Pope and not derived from him but originally inherent in the Crown and Laws of England whatever he blatters to the contrary Vid. 25 Edw. 3. Stat. 4. cap. 22. pag. 123. Sect. 3. 27 Edw. 3. cap. 1. 38 Edw. 3. c. 4. Stat. 2. c. 1. 2 Rich. 2. cap. 6. 3 Rich. 2. c. 3. S. 2. 12 Rich. 2. c. 15. 13 Rich. 2. Stat. 2. c. 2. 16 Rich. 2. c. 5. 2 Hen. 4. c. 3 4. 7 Hen. 4. c. 6. 9 Hen. 4. c. 8. 1 Hen. 5. 7. 3 Hen. 5. Stat. 2. c. 4. Adde to these Mr. Cawdries Case in my Lord Coke and he must be unreasonably ill affected to the Church of England that is not more than satisfied that the chief and Supream Governours thereof were the Kings of England and not the Pope before the Reign of Hen. 8. 3. Also it was the sence of the whole Kingdom that the Pope's power and Jurisdiction here was usurped and illegal contrary to Gods Laws the Laws and Statutes of this Realm and in derogation of the Imperial Crown thereof and that it was timorously and ignorantly submitted unto before Hen. 8. as the words of that Statute are 28 Hen. 8. cap. 16. SECT III. BUT if our Gentleman be wiser than to believe their words the matter is evident in our ancient Laws and constant practice accordingly before Hen. 8. his time Indeed all the Statutes of provision against foreign powers are to own and defend the Ecclesiastical Jurisdiction at home under this Crown Yea all the Statutes made on purpose to restrain and limit the Spiritual Jurisdiction in certain cases and respects do allow and establish it in others exceptio confirmat Regulam in non exceptis 2. Much plainer all the Statutes that prohibit the Kings Civil Courts to interrupt the Ecclesiastical proceedings but in such cases and the Statutes granting consultations in such cases and the Statutes directing appeals in the Spiritual Courts and appeals to the Chancery it self and the Laws ratifying and effectually binding their Sentence by the Writ de exc cap. much more plainly do these establish the Ecclesiastical Jurisdiction in the laws of the Land before Hen. 8. 3. By this time 't is vain to mention the Statutes which of old did specifie and allow particular matters to be tried only in the Ecclesiastical Courts such as Tithes 18 Edw. 3. 7. the offences of Ecclesiastical persons 1 Hen. 7. c. 4.
of this Realm and to continue to exercise its power in the Spiritual Courts as before according to the Laws and Customs of the Land Read the Statute and you will not only see a continuance of the Spiritual Courts supposed and allow'd but special directions touching proceedings and Appeals therein SECT II. IF King Hen. 8. did take away the Ecclesiastical Authority of the Church of England he did either remove the Officers or deny their power to make Canons or destroy their Courts and the exercise of their Jurisdiction but he did do neither but rather by Acts of Parliament establish'd them all I. For the first touching the Governours of the Church consult Statute 31 Hen. 8. 3. that it may be Enacted by the Authority of this present Parliament that all Archbishops and Bishops of this Realm may by Authority of this present Parliament and not by any provision or other foreign Authority enjoy and retain their Archbishopricks and Bishopricks in as large and ample manner as if they had been promoted elected confirmed and Consecrated according to the due course of the Laws of this Realm And that every Archbishop and Bishop of this Realm may minister use and exercise all and every thing and things pertaining to the Office or Order of any Archbishop or Bishop with all Tokens Ensigns and Ceremonies thereunto lawfully belonging Further that all Ecclesiastical persons of the Kings Realm all Archdeacons Deans and other having Offices may by Authority of this Act and not c. administer use and exercise all things appertaining to their Dignities and Offices so it be not expresly against the Laws of God and this Realm II. Neither did King Hen. 8. take away the power of the Bishops and others to make Canons in Convocation as appears by the Statute of the 25 of Hen. 8. 19. In that Statute among other things upon the Petition of the Clergy two things are granted to our purpose touching Ecclesiastical Canons 1. The old ones 't is provided that such Canons being already made which be not contrariant nor repugnant to the Laws Statutes and Customs of this Realm nor to the damage of the Kings prerogative Royal shall now be used and exercised as they were before the making of this Act till such time as they be viewed by the said Thirty two persons according to the Tenor of this Act which was never done therefore such old Canons are yet of force by this Act. Vid. Sect. 6. 2. For the making of new Canons the Convocation hath power reserved by this same Act provided the Convocation be called by the Kings Writ and that they have the Royal assent and licence to make promulgate and execute such Canons as you may read Sect. 1. of the said Statute Indeed the Convocation used a larger power in making Canons before as is there noted which they say they will not henceforth presume to do but it therefore follows that they may still use their power so limited and derived from the Crown which is the evident intention of the Act. For by restraining the Clergy thus to proceed in making Canons the Law allows them the power so to do and by making the exceptions and limitations confirms their Authority so far as it is not excepted against III. Neither lastly did King Hen. 8. take away the ordinary Jurisdiction of Ecclesiastical Governours as exercised in the Spiritual Courts according to the Laws and Canons of this Church but indeed establish'd them by Acts of Parliament as is plainly to be seen in the 37 Hen. 8. c. 16. Sect. 4. in these words May it therefore please your Highness that it may be Enacted that all singular persons which shall be made deputed to be any Chancellor Vicar-general Commissary Official Scribe or Register by your Majesty or any of your Heirs or Successors or by any Archbishop Bishop Archdeacon or other person whatsoever having Authority under your Majesty your Heirs and Successors to make any Chancellor Vicar-general Commissary Official or Register may lawfully execute all manner of Jurisdiction commonly called Ecclesiastical Jurisdiction and all Censures and Coercions appertaining unto the same c. 2. 'T is acknowledged that in the Sect. 2. of this Statute it seems as if the Parliament concluded that by the 25 of Hen. 8. 19. the ancient Canons were abrogated which I wonder Mr. Hickeringill his sagacity had not discovered yet 't is plain enough that wise Parliament did not thereby reflect upon or intend all the Canons but such Canons as the present matter before them was concerned in that is such Canons as forbad Ecclesiastical Officers to marry as the words Sect. 1. are that no Lay or married man should or might exercise any Ecclesiastical Jurisdiction c. directly repugnant to your Majesty 's as Supream Head your Grace being a Lay-man then it follows in the next words And albeit the said Decrees viz. being contrary to the Royal prerogative as supream Head of the Church be in the 25 year of your most Noble Reign utterly abolished That this is the meaning of that clause is reasonable to believe because they take no further care to correct the matter but only by enacting persons lawfully deputed though they be Lay persons though married or unmarried shall have power and may exercise Ecclesiastical Jurisdiction notwithstanding any Law or Constitution to the contrary as the Statute is concluded 3. Besides we are assured that all the ancient Canons that were not repugnant to the Kings Prerogative or the Laws and Customs of this Realm were not abrogated but declared to be of force i. e. to be executed in the Spiritual Courts as was noted in the very letter of that Statute 25 Hen. 8. 19. and that this clause speaking only of such Canons as were abrogated by that Statute abrogates nothing that was not so by the Act referred to 4. And thus the Jurisdiction and Canons of the Church stood in force at the latter end of the Reign of Hen. 8. this Statute being made in the last year wherein any were made by that great Prince 5. Thus we have found in the time of King Hen. 8. an Ecclesiastical Jurisdiction exercis'd in England without any dependance on the Pope and other Authority for Canon-makers Synodical as Mr. Hickeringill cants besides the Statute for the High Commission 1 Eliz. upon which Statute of Eliz. Mr. Hickeringill very learnedly asserts the Authority of all Canon-makers Synodical was built qu. Naked Truth SECT III. NO more is needful under this Head but to shew my respect to Mr. Hickeringill his doughty and only Argument taken out of the Petition of the Clergy to Queen Mary whereby he would fain prove that the extinguishing Act of Hen. 8. took away all ordinary Jurisdiction from the Church of England and that there was no such thing till she revived it 2. The words of the Petition from whence he thus argues you shall have in his own Translation in this manner they pray that her Majesty would make
Land and not from the Pope Again they all take the Oaths of Supremacy and Allegiance before their Instalment which are the fence of the Crown against Popery And then in all their publick Prayers before their Sermons the Bishops and Archdeacons c. do Recognize the Kings Supremacy in all Ecclesiastical things and causes as well as Civil Again they Take the late Test and the same Oaths at the publick Sessions And lastly Mr. Cary himself confesseth that they acknowledge the said Supremacy in their publick Canons or Constitutions of the whole Church of England as he notes p. 2. in Can. 1 2 1603. And are all these less significant to testifie their dependance on and acknowledgement of their derivation from the Crown than the Kings Name and Stile and Arms which may be far enough from the Conscience in a Processe 2. For the second that there is not the same reason to use the Kings name in Ecclesiastical as in Civil Courts is apparent from the true cause of using it in the Civil Courts which being not known or well heeded may be the cause of the exception for Bishop Sanderson hath well observed the true reason of using the Kings name in any Court is not thereby to acknowledge the Emanation of the power or Jurisdiction of that Court from or the subordination of that power unto the Kings power or Authority as the objector seems to suppose but rather to shew the same Court to be one of the Kings own immediate Courts wherein the King himself is supposed in the construction of the Law either by his personal or virtual power to be present and the not using the Kings name in other Courts doth not signifie that they do not Act by the Kings Authority but only that the Judges in them are no immediate representatives of the Kings person nor have consequently any allowance from him to use his Name in the execution of them 1. This difference is evident among the Common Law Courts of this Kingdom for though all the immediate Courts of the King do act expresly in his Name yet many other more distant Courts do not as all Courts-Baron Customary-Courts of Copyholders c. and such Courts as are held by the Kings grant by Charter to Corporations and the Universities in all which Summons are issued out and Judgments given and all Acts and proceedings made and done in the name of such persons as have chief Authority in the said Courts and not in the Name of the King thus their stiles run A. B. Major Civitatis Exon N. M. Cancellarius Vniversitatis Oxon. and the like and not Carolus Dei gratia 2. Once more a little nearer to our case there are other Courts that are guided by the Civil as distinguish'd from the Common Law as the Court-Marshal and the Court of Admiralty the Kings Name in these is no more used than it is in the Courts Spiritual but all Processes Sentences and Acts in these Courts are in the Name of the Constable Head Marshal or Admiral and not in the Kings Name 3. I shall conclude this with those grave and weighty words of the same most admirable Bishop Sanderson in his excellent Treatise shewing that Episcopacy as Established by Law in England is not prejudicial to Regal Power worthy of every Englishman's reading his words to our purpose are these Which manner of proceeding like that of the Spiritual Courts constantly used in those several Courts before mentioned sith no man hath hitherto been found to interpret as any diminution at all or disacknowledgment of the Kings Soveraignty over the said Courts it were not possible the same manner of proceeding in the Ecclesiastical Courts should be so confidently charged with so hainous a crime did not the intervention of some wicked lust or other prevail with men of corrupt minds to become partial judges of evil thoughts p. 68 69. Mr. Hickeringill is one of those whom the Bishop describes i. e. that so confidently chargeth the Ecclesiastical Courts with that hainous crime and foundeth that confidence in the Statute of the 1 Eliz. 1. In charity to him I shall give him such words out of that Statute as do not only secure the Act of Queen Mary that repealed the Act of 1 Edw. 6. 2. requiring the use of the Kings Name in our proceedings from repeal in that particular but directly and expresly ratifies and confirms the same and our contrary proceedings accordingly So that our proceedings in the Ecclesiastical Courts without using the Kings Name or Stile or Arms according to 1 Edw. 6. 2. are allow'd and established by this very Act of Queen Eliz. thus Further Enacted by the Authority aforesaid that all other Laws and branches of any Act repealed by the said Act of repeal of Mar. and not in this Act specially mention'd and revived shall stand and be repealed in such manner and form as they were before the making of this Act any thing herein contained to the contrary notwithstanding 1 Eliz. 1. 13. but the Act of 2 Phil. and Mar. was not specially mentioned in this Act of Repeal nor any other And the Learned Judges in 4 Jac. observe that this Act of 1 Eliz. revives an Act of Hen. 8. repealed by Queen Mary and in both these Statutes 1 Edw. 6. 2. is made void and the present proceeding of Spiritual Courts without the Kings Name c. plainly confirm'd but vid. Coke Rep. 12. p. 7. CHAP. V. The Act of 1 Eliz. 1. Establishing the High-Commission Court was not the foundation of ordinary Ecclesiastical Jurisdiction in England against Mr. Hickeringill THE worthy Gentleman though he useth much Modesty and will not peremptorily assert and hath only fitted the matter for the consideration of wiser men if he can think there be any such reasons wonderfully after this new and unheard of manner or to this purpose if at all The Statute of Eliz. for the High-Commission Court was the only Basis of all Ecclesiastical power this continued indeed during her time and King James's but being repealed by 17 Car. 1. 11. and 13 Car. 2. 12. down came the Fabrick their great foundation thus torn up now they have neither power from God nor man nor ever shall for his Majesty hath by Statute Enacted never to empower them with any more Commissions to the worlds end Now their basis is taken away I cannot discern where their Authority lies Nak T. q. 1. p. 4 5 6. This is the Spirit of his Reason which he confesseth is not infallible for he saith as before he doth not peremptorily assert it But can a man have the face to write this first and then to say he is not peremptory Would a man in his wits expose himself in this manner in Print and blunder out so much prejudice envy spite and wrath against Government and talk such pitiful unadvised stuff about Law and think to shake the Fabrick of Ecclesiastical Jurisdiction that hath stood firm so long in the midst of all
first gave liberty to build and defend Churches in publick Lucius the first Christian King built Churches at his own charge first constituted Bishops Seats and built dwellings for Priests and much enriched all things of that nature and that Religious men might with more safety enjoy what they had given them amplis munivit privilegiis fortified them with large priviledges Here was born also as Baronius confesseth Constantine the Great who brought peace to the whole Church who was the first Christian Emperor and likewise the first Christian Queen his Mother Helen If we come to the Kings of the Ages following quis non stupeat as Spelman saith who can chuse but be astonish'd at the eximious Piety incredible Zeal Ardorem extraordinary Insignes Alms manifold works of mercy munificence towards Gods Ministers and their magnificent and wonderful profusionem liberality and expence in building adorning inriching Churches insomuch as one saith Mirum tunc fuer at Regem videre non sanctum And as another There were more holy Kings found in England than in any one though the most populous Province in the World The day would fail that worthy Antiquary adds in his most excellent Epistle before his Councils enough to enflame the coldest Age with zeal for Religion The day would fail me saith he should I speak of Edwin Ina Offa Ethered Edmund Ethelstan Canute Edward the Confessor and many others seeing among all the Illustrious Kings who were West-Saxons the third is scarce found qui Ecclesiam Dei in Aliquibus non Ornaverit Auxerit Ditaverit who did not Adorn Augment and Inrich the Church of God In these early times of Zeal and Piety among the Kings of England the Jurisdiction and Authority of the Church took root and began and proceeded to flourish now no doubt but Religion sincerely managed by good and meek Church-men was a great mean to move the Nation towards a better Order in the Civil State both in Government and Law Now I say to use Spelman's words when Os Sacerdotis Oraculum esset plebis Os Episcopi Oraculum Regis Reipublicae The mouth of the Priest was an Oracle to the People and the mouth of the Bishop was an Oracle to the King and the Commonwealth In the time of Ethelbert the first Christian King of the Saxons we find a Convention at Canterbury of Bishops and Lords to settle the affairs of Church and State In the time of the Heptarchy Summons was Ad Episcopos Principes c. Decrees were made afterward Cum Concilio Episcoporum thus during the time of the Saxons c. and until the Pope got footing here by the Conqueror Ecclesiastical Authority went on apace Yea 't is evident that it went on step by step with the progress of the Civil and was gradually own'd enlarged and establish'd in the very Essence and degrees and together with the Establishment of the Civil State Insomuch that Ecclesiastical Jurisdiction was so twisted and Interwoven and as it were wrapt in the very Bowels of the Civil and the Ecclesiastical Law so concern'd and intimately wrought into the Temporal Law and Government that 't was hard to make the separation or indeed clearly to assign the distinction betwixt them which hath taken up the care both of Lawyers and Statutes to do it effectually and throughly and perhaps may be in some measure a Reason of many Prohibitions against Ecclesiastical Prohibitions to this day Hence also it was that beyond all known time of Christianity in England our great Church-men have had no small hand in making all our Laws both Ecclesiastical and Civil and also sate many hundred years together with our Temporal Judges in all places of publick Judicature Primi igitur sedebant in omnibus Regni Comitiis Tribunalibus Episcopi In Regali quidem palatio cum Regni magnatibus in Comitatâ—s unà cum Comite Justitiario Comitatus in Turno Vicecomitis cum Vicecomite in Hundredro cum Domino Hundredi So that in promoting Justice every where the sword might aid the sword nihil inconsulto Sacerdote qui velut suburra in Navi fuit ageretur Sp. Epis Conc. Yet we must remember and 't is carefully minded in our Statutes before mentioned that our Kings were the true and acknowledged fountains of the beginning and encrease of that wealth and honour and power which the Church and Church-men then enjoy'd and that the Kings of England were ever Supream over this Church and all its Ministers and not the Pope or any foreign power the Pope's Collector or Minister so say our ancient Books had no Jurisdiction in this Land Lord Coke of Courts p. 321. In our Law before the Conquest the King was the Vicar of the highest King ordained to this end that he should above all govern the Church Edw. Laws c. 19. and this hath been carefully maintained by our Laws ever since See Cawdries Case SECT I. Jurisdiction of the Church in Common Law THUS the power and Jurisdiction Ecclesiastical grew up with and received much perfection by and in Common Law By Common Law I mean long and general use in the whole Land for as I take it my Lord Coke saith That time and use make a Custom when that 's general in England it 's called Common Law that is my meaning whether my Notion be right I weigh not if the matter and Argument prove and express the manner of the Churches ancient Authority and Jurisdiction before the Statutes 'T is most evident William the Conqueror found the Bishops and other Ecclesiastical Ministers in great power and with large Jurisdiction which they had long enjoy'd according to the Law and Custom of the Realm Call that Law what you will by that they enjoy'd their ancient Rights and government and that 's enough 'T is true indeed William changed the ancient Custom we spake of and distinguish'd the Tribunals one from the other but saith Spelman Secrevit non diminuit Jurisdictionem Cleri he did not lessen the Jurisdiction of the Clergy Yea by swearing he confirm'd the Laws of holy Church Quoniam per eam Rex Regnum solidum subsistendi sistendi habent fundamentum Prooemium ll suarum ut Spel. Epis because by the Church both King and Kingdom have a solid foundation of subsisting Thus the Churches Rights in being before were confirm'd by the Conqueror My Lord Coke notes two excellent Rules of Common Law to our purpose 1. The Law doth appoint every thing to be done by those unto whose office it properly appertaineth 2. 'T is a Maxim of the Common Law that where the Right is Spiritual and the Remedy thereof only by the Ecclesiastical Law the Connusance thereof doth belong to the Spiritual Court Coke Instit p. 1. 3. Hence it follows that there being many Cases in which there is no remedy any other way provided by Common Law Vid. Cawdries Case Answ to Object 4. they belong to the Spiritual Courts and the Common Law both impowers and requires
Jurisdiction of the Courts Ecclesiastical it was very carefully restored and established by the Stat. 13. Car. 2. in these words Neither this Act shall take away any ordinary Jurisdiction from the said Archbishops c. but that they and every of them may proceed in all manner of Ecclesiastical Jurisdiction and in all Censures and Coercions belonging to the same as they did and might lawfully have done before the making of the said Act. Vid. 17 Car. 1. 4. 'T is sufficient yet I cannot but subjoyn one notable way more Argumentative enough alone by it self to prove the Ecclesiastical Courts to be allow'd and confirm'd by Statute viz. when the Statutes direct such particulars to be tried in these Courts and require these Spiritual Courts to use their power for the punishment of offenders and the doing Justice And I think there cannot be a better medium or clearer evidence than we have in this matter For if the Spiritual Courts have no power to try such matters and pass Judgment and punish in such cases why do the Statutes direct and remit such matters to them and why do the Statutes enjoyn them to take Connusance and proceed accordingly that so they do is plain In the 18 of Edw. 3. 6. 't is said that Processe in Causes Testamentary notoriously appertaineth to holy Church We must not blemish the Franchize of Holy Church And in the 18 of Edw. 3. 6. parties are to be dismissed from Secular Judges in Cause of Tithes and left to the Church Ordinaries have power to punish Ministers and Priests as in 1 Hen. 7. c. 4. Synodals Proxies Pensions c. are to be recovered in the Spiritual Courts Vid. 15 Hen. 8. c. 7. Sect. 7. The like is known touching Causes Matrimonial and Defamations c. I shall only instance one more viz. in the great Cause of Non-Conformity and that in an Act that is nearer to us and of unquestionable Authority which both directs what we should punish and most solemnly requires by its own Authority to exercise our Ecclesiastical Power by the very rules and proper methods of our Spiritual Courts in these words 1 Eliz. before the Common Prayer Provided always and be it Ordained and Enacted by the Authority aforesaid That all and singular Archbishops and Bishops and every of their Chancellors Commissaries Archdeacons and other Ordinaries having any peculiar Ecclesiastical Jurisdiction shall have full power and Authority by vertue of this Act as well to enquire in their Visitatiions Synods and elsewhere within their Jurisdiction at any other time or place to take accusation and informations of all and every the things above mentioned done committed or perpetrated within the limits of their Jurisdictions and Authority as to punish the same by Admonition Excommunication Sequestration or Deprivation and other Censures and Processe in like form as heretofore hath been used in like cases by the Queens Ecclesiastical Laws This doubtless is very plain And hereupon 't is solemnly required in these words a little-before For the due execution hereof they do in Gods name earnestly require and charge all Archbishops Bishops and other Ordinaries that they shall endeavour themselves to the utmost of their knowledges that the due and true execution hereof may be had throughout their Dioceses and Charges as they will answer before God for such evils and plagues whereby Almighty God may justly punish his people for neglecting this good and wholsom Law Now if in like cases it had not been lawful before this Act for the Spiritual Courts so to proceed why are the former Laws and use to be followed by these directions Or if this Act cannot impower us give us reason or Law against it Or if any thing be a greater grievance to you in the Spiritual Courts than the punishment provided for the crimes mentioned in this Act say what it is or say nothing But if these cases be not sufficient Mr. Cary can tell you of at least ten particular matters upon which the Law is to grant the Writ de Excommunicato capiendo and according to a know Act of Parliament made after this viz. 5 Eliz. 23. which sufficiently allows and confirms our Ecclesiastical proceedings to the fences of too many as some complain CHAP. VII Of Canons and Convocations WE see what Reason Mr. Hickeringill had to keep such a pother about the force of Ecclesiastical Canons and the Authority of Convocations Especially 1. Seeing the late mentioned Act of 1 Eliz. supposeth the Ecclesiastical Laws i. e. the Canons to be her own Laws and requires Ecclesiastical Judges so severely to put them in execution 2. Seeing since the Reformation most of the matters of Canons are expressed and enjoyned in Acts of Parliament insomuch that Ecclesiastical Jurisdiction might stand and proceed well enough had we no other Canon but Acts of Parliament as Mr. Hickeringill insinuates and 't is worthy his observation that the greatest complaints of Dissenters since the Kings happy return have been upon the execution of Acts of Parliament and that not so much by Ecclesiastical as Civil Ministers Indeed the Statute of Car. 2. that restored the Ecclesiastical Jurisdiction hath a Proviso That by vertue of that Act the Canons of 1640. shall not be of force and that no Canons are made of force by that Act that were not formerly confirm'd by Acts of Parliament or by the establish'd Laws of the Land as they stood in Ann. 1639. But 't is evident enough that by the 25 Hen. 8. c. 19. the old Canons not against Law or Prerogative are of force and that the King with the Convocation may make new ones with the same Condition and indeed while the Convocation is so limited by that Act their power seems not very formidable My Lord Coke who was not a Bigot for Spiritual Power declares the Law in both those Cases and tells us That it was resolved by the Judges at a Committee of Lords these restraints of the Convocation were grounded on that Statute 1. They cannot Assemble without the assent of the King 2. They cannot Constitute any Canons without his licence 3. Nor execute them without his Royal assent 4. Nor after his assent but with these four limitations 1. That they be not against the Kings Prerogative 2. Nor against Common Law 3. Nor against Statute Law 4. Nor against any Custom of the Kingdom Rep. 12. p. 720. And my Lord Coke adds That these restraints put upon the Convocation by the 25 Hen. 8. are but an affirmance of what was before the Statute and as he saith in his book of Courts are but declaratory of the old Common Law Pag. 323. consequently the Courts of Common Law are to bound and over-rule all Ecclesiastical executions of Canons and secure the Crown and the Laws against them But what Acts of Parliament have abrogated the Authority of the Synod 1603. and quite annihilated the very beings of Convocations I am yet to learn though Mr. Hickeringill so boldly after his own
CLARIOR E TENEBRIS BEATAM AETERNA CAELI SPECTO ASPERAM AT LEVEM CHRISTI TRACTO In verbo tuo Spes mea MUNDI CALCO SPLENDIDAM AT GRAVEM Alij diutius Imperium tenuerunt nemo tam fortiter reliquit Tarit Histor Lib. 2. c. 47. p. 417. Augustissimi CAROLI Secundi Dei Gratia ANGLIAE SCOTIAE FRANCIAE ET HIBERNIAE REX Bona agere mala pati Regium est Page 1. The Establish'd Church OR A SUBVERSION OF ALL The Romanist's Pleas FOR THE POPE'S SUPREMACY IN ENGLAND Together with A VINDICATION of the present Government of the Church of England as allow'd by the Laws of the Land against all Fanatical exceptions particularly of Mr. Hickeringill in His Scandalous Pamphlet stiled NAKED TRUTH the 2d Part. In Two Books By FRAN. FVLLWOOD D. D. Archdeacon of Totnes in Devon LONDON Printed for R. Royston Bookseller to the King 's most Sacred Majesty at the Angel in Amen-Corner MDCLXXXI REVERENDISSIMO In Christo Patri GULIELMO Archiepiscopo CANTUARIENSI Totius ANGLIAE PRIMATI Regiae Serenissimae Majestatis à Sanctioribus Conciliis FRANCISCVS FVLLWOOD Olim Collegii EMANUEL Apud CANTABRIGIENSES Librum hunc humillimè D. D. D. TO THE RIGHT REVEREND Father in God GEORGE Lord Bishop of WINTON Prelate of the Most Noble Order of the GARTER My very good Lord BLessed be God that I have Survived this Labour which I once feared I should have sunk under and that I live to publish my Endeavours once more in the Service of the Church of England and thereby have obtained my wish'd opportunity to dedicate a Monument of my deep Sence of your Lordship's manifold obligations upon me In particular I rejoyce in the acknowledgment that I ow my Publick Station next under God and His Sacred Majesty to your Lordship's Assistance and Sole Interest though I cannot think so much out of kindness to my Person then altogether unknown to your Lordship as affection and care of the Church grounded in a great and pious intention however the object be esteem'd truly worthy of so Renowned a Prelate and many other waies excellent and admired Patriot of the Church of England If either my former attempts have been anywise available to the weakning the Bulworks of Non-Conformity or my present Essay may succeed in any measure to evince or confirm the Truth in this greater Controversie I am happy that as God hath some glory and the Church some advantage so some honour redounds upon your Lordship who with a virtuous design gave me a Capacity at first and ever since have quickned and animated my Endeavours in those Services I may be permitted to name our Controversie with the Church of Rome the great Controversie For having been exercised in all the sorts of Controversie with Adversaries on the other hand I have found that all of them put together are not considerable either for weight of matter or copiousness of Learning or for Art Strength or Number of Adversaries in comparison of this It takes in the Length of time the Breadth of place and is managed with the Heighth of Wit and Depth of Subtlety the Hills are covered with the Shadow of it and its Boughs are like the goodly Cedars My Essay in these Treatises is to shorten and clear the way and therefore though I must run with it through all time I have reduc'd the place and removed the Wit and Subtleties that would impede our progress I have endeavoured to lop off luxuriant branches and swelling excrescencies to lay aside all personal reflections captious advantages Sophistical and Sarcastical Wit and to set the Arguments on both sides free from the darkness of all kind of cunning either of escape or reply in their plain light and proper strength as also to confine the Controversie as near as I can within the bounds of our own Concern i. e. our own Church And when this is done the plain and naked truth is that the meanest of our other Adversaries I had almost said the silly Quaker himself seems to me to have better Grounds and more like Christian than the glorious Cause of the Papacy But to draw a little nearer to our Point your Lordship cannot but observe that one end of the Roman Compass is ever fixed upon the same Center and the summ of their clamour is our disobedience to the See of Rome Our defense stands upon a twofold Exception 1. Against the Authority 2. Against the Laws of Rome and if either be justified we are innocent The first Exception and the defence of our Church against the Authority of that See is the matter of this Treatise the second is reserved I have determined that all the Arguments for the Pope's Authority in England are reduceable to a five-fold Plea the Right of Conversion as our Apostle the Right of a Patriarch the Right of Infallibility the Right of Prescription and the Right of Universal Pastorship the Examination of them carries us through our Work Verily to my knowledge I have omitted nothing Argumentative of any one of these Pleas yea I have considered all those little inconsiderable things which I find any Romanists seem to make much of But indeed their pretended Right of possession in England and the Universal◠Pastorship to which they adhere as their surest holds have my most intended and greatest strength and care and dilligence that nothing material or seemingly so might escape either unobserved or not fully answered let not the contrary be said but shewn I have further laboured to contract the Controversie two ways 1. By a very careful as well as large and I hope as clear state of the question in my definition and discourse of Schism at the beginning whereby mistakes may be prevented and much of matter disputed by others excluded 2. By waving the dispute of such things as have no influence into the Conclusion and according to my use giving as many and as large Concessions to the Adversary as our Cause will suffer Now my end being favourably understood I hope there is no need to ask your Lordships or any others pardon for that I have chosen not to dispute two great things 1. That in the Words tu es Petrus super hanc Petram there is intended some respect peculiar to saint Peter's Person it is generally acknowledged by the most learned Defenders of our Church that Saint Peter had a Primacy of Order and your Lordship well knows that many of the Ancient Fathers have expressed as much and I intend no more 2. That Tradition may be Infallible or indefectible in the delivery of the Essentials of Religion for ought we know By the Essentials we mean no more but the Creed the Lord's Prayer the Decalogue and the two Sacraments in this I have my Second and my Reason too for then Rushworth's Dialogues and the new Methods of Roman opposition need not trouble us My good Lord it is high time to beg your Pardon that I have reason to conclude with an excuse for
a long Epistle the truth is I thought my self accountable to your Lordship for a Brief of the Book that took its being from your Lordship's Encouragement and the rather because it seems unmannerly to expect that your good Old Age should perplex it self with Controversie which the Good God continue long and happy to the honour of his Church on Earth and then crown with the Glory of Heaven It is the hearty prayer of My Lord Your Lordships most obliged and devoted Servant FR. FULLWOOD A PREFACE TO THE READER Good Reader OUr Roman Adversaries claim the Subjection of the Church of England by several Arguments but insist chiefly upon that of possession and the Universal Pastorship if any shall deign to answer me I think it reasonable to expect they should attach me there where they suppose their greatest strength lies otherwise though they may seem to have the Advantage by catching Shadows if I am left unanswered in those two main Points the Substance of their Cause is lost For if it remain unproved that the Pope had quiet possession here and the contrary proof continue unshaken the Argument of Possession is on our side I doubt not but you will find that the Pope had not possession here before that he took not possession by Austine the Monk and that he had no such possession here afterwards sufficient to create or evince a Title ' T is confessed that Austine took his Arch-Bishoprick of Canterbury as the Gift of Saint Gregory and having recalled many of the People to Christianity both the Converts and the Converter gave great Submission and respect to Saint Gregory then Bishop of Rome and how far the People were bound to obey their Parent that had begotten them or he his Master that sent him and gave him the Primacy I need not dispute But these things to our purpose are very certain 1. That Conversion was anciently conceived to be the ground of their Obedience to Saint Gregory which Plea is now deserted and that Saint Gregory himself abhorred the very Title of Universal Bishop the only thing now insisted on 2. ' T is also certain that the Addition of Authority which the King ' s Silence Permission or Connivence gave to Austine was more than Saint Gregory ' s Grant and yet that Connivence of the new Converted King in the Circumstances of so great Obligation and Surprize who might not know or consider or be willing to exercise his Royal Power then in the Point could never give away the Supremacy inherent in his Crown from his Successors for ever 3. ' T is likewise certain that neither Saint Gregory ' s Grant nor that King ' s Permission did or could obtain Possession for the Pope by Austine as the Primate of Canterbury over all the Brittish Churches and Bishops which were then many and had not the same Reason from their Conversion by him to own his Jurisdiction but did stifly reject all his Arguments and Pretenses for it King Ethelbert the only Christian King at that time in England had not above the twentieth part of Brittain within his Jurisdiction how then can it be imagined that all the King of England ' s Dominions in England and Wales and Scotland and Ireland should be concluded within the Primacy of Canterbury by Saint Augustine ' s possession of so small a part 4. ' T is one thing to claim another to possess Saint Augustine ' s Commission was to subject all Brittain to erect two Arch-Bishopricks and twelve Bishopricks under each of them but what possession he got for his Master appears in that after the death of that Gregory and Austine there were left but one Arch-Bishop and two Bishops of the Roman Communion in all Brittain 5. Moreover the Succeeding Arch-Bishops of Canterbury soon after discontinued that small possession of England which Augustine had gotten acknowledging they held of the Crown and not of the Pope resuming the Ancient Liberties of the English Church which before had been and ought always to be Independent on any other and which of Right returned upon the Return of their Christianity and accordingly our Succeeding Kings with their Nobles and Commons and Clergy upon all occasions denied the Papal Jurisdiction here as contrary to the King 's Natural Supremacy and the Customs Liberties and Laws of this Kingdom And as Augustine could not give the Miter so neither could King John give the Crown of England to the Bishop of Rome For as Math. Paris relates Philip Augustus answered the Pope's Legate no King no Prince can Alienate or give away his Kingdom but by Consent of his Barons who we know protested against King John ' s endeavour of that kind bound by Knighs Service to defend the said Kingdom and in case the Pope shall stand for the contrary Error his Holiness shall give to Kingdoms a most pernitious Example so far is one unwarrantable act of a fearful Prince under great Temptations from laying a firm ground for the Pope's Prescription and 't is well known that both the preceeding and succeeding Kings of England defended the Rights of the Crown and disturbed the Pope's possession upon stronger grounds of Nature Custom and plain Statutes and the very Constitution of the Kingdom from time to time in all the main Branches of Supremacy as I doubt not but is made to appear by full and Authentick Testimony beyond dispute 2. The other great Plea for the Pope ' s Authority in England is that of Universal Pastorship now if this cannot be claimed by any Right either Divine Civil or Ecclesiastical but the contrary be evident and both the Scriptures Emperors Fathers and Councils did not only not grant but deny and reject the Pope ' s Supremacy as an Usurpation What Reason hath this or any other Church to give away their Liberty upon bold and groundless Claims The pretence of Civil Right by the Grant of Emperors they are now ashamed of for three Reasons 't is too scant and too mean and apparently groundless and our discourse of the Councils hath beaten out an unanswerable Argument against the claim by any other Right whether Ecclesiastical or Divine for all the General Councils are found first not to make any such Grant to the Pope whereby the Claim by Ecclesiastical Right is to be maintained but secondly they are all found making strict provisions against his pretended Authority whereby they and the Catholick Church in them deny his Divine Right 'T is plainly acknowledged by Stapleton himself that before the Council of Constance non divino sed humano Jure positivis Ecclesiae Decretis primatum Rom. Pont. niti senserunt speaking of the Fathers that is the Fathers before that Council though the Primacy of the Pope was not of Divine Right and that it stood only upon the Positive Decrees of the Church and yet he further confesseth in the same place that the Power of the Pope now contended for nullo sane decreto publico definita est is
must differ with a particular Church in Doctrine wherein She departs from the Catholick Faith but here we must take care not only of Schism but Damnation it self as Athanasius warns us Every one should therefore endeavour to satisfie himself in this great Question What is Truth or the true Catholick Faith To say presently that it is the Doctrine of the Roman Church is to beg a very great Question that cannot easily be given I should think Athanasius is more in the right when he saith this is the Catholick Faith c. in my opinion they must stretch mightily that can believe that the Catholick Faith without which no man can be saved and therefore which every man ought to understand takes in all the Doctrines of the Council of Trent Till the contrary be made evident I shall affirm after many great and learned men that he that believes the Scriptures in general and as they are interpreted by rhe Eathers of the Primitive Church the three known Creeds and the four first general Councils and knows and declares himself prepared to receive any further Truth that he yet knows not when made appear to be so from Reason Scripture or Just Tradition cannot justly be charged with Schism from the Catholick Faith Methinks those that glory in the Old Religion should be of this mind and indeed in all reason they ought to be so unless they can shew an Older and better means of knowing the Catholick Faith than this what is controverted about it we shall find hereafter in its due place In the mean time give me leave to Note that our more Learned and Moderate Adversaries do acquit such a man or Church both from Heresie and Schism and indeed come a great deal nearer to us in putting the issue of the Controversie very fairly upon this unquestionable Point They who first Separated themselves Mr. Knot in fid unm c. 7. s 112. p. 534. from the Primitive pure Church and brought in Corruptions in Faith Practise Lyturgy and use of Sacraments may truly be said to have been Hereticks by departing from the pure Faith and Schismaticks by dividing themselves from the external Communion of the true uncorrupted Church 2. Object Worship A second band of external Communion is 2 Worship Publick Worship in which Separation from the Church is notorious But here Publick Worship must be understood only so far as it is a bond of Communion and no farther otherwise there is no breach of Communion though there be difference in Worship and consequently no Schism This will appear more plainly if we distinguish of Worship in its Essentials or Substantials and its Modes Circumstances Rites and Ceremonies 'T is well argued by the Bishop of Calcedon that none may Separate from the Catholick Church or indeed from any particular in the Essentials or Substantial Parts of Worship for these are God's ordinary means of conveying his Grace for our Salvation and by these the whole Church is knit together as Christ's visible body for Divine Worship But what are these Essentials of Worship Surely nothing else but the Divine Ordinances whether moral or positive as abstracted from all particular Modes not determined in the Word of God Such as Prayer the reading the Holy Canon interpreting the same and the Sacraments therefore that Church that worships God in these Essentials of Worship cannot be charged in this particular with Schism or dividing from the Catholick Church Aud as for the Modes and particular Rites of Worship until one Publick Liturgy and Rubrick be produced and proved to be the Rule of the Catholick Church if not imposed by it there is no such bond of Union in the Circumstantial Worship in the Catholick Church and consequently no Schism in this respect Much less may one particular Church claim from another par in parem non habet imperium exact Communion in all Rites and Ceremonies or for want thereof to cry out presently Schism Schism Indeed our Roman Adversaries do directly and plainly assert that about Rites and Ceremonies the guilt of Schism is not concerned and that particular Churches may differ from one another therein without breach of Communion Though for a Member of a particular Church to forsake the Communion of his own Church in the Essentials of Worship meerly out of dislike of some particular innocent Rites seems to deserve a greater Censure But the Roman Recusants in England have a greater difficulty upon them to excuse their total Separation from us in the Substantials of our Worship at which they can pretend to take no offence and wherein they held actual Communion with us many years together at the beginning of Queen Eliz. Reign against the Law of Cohabitation observed in the Scripture where a City and a Church were commensurate contrary to the Order as one well observes which the Ancient Church took for preserving Vnity and excluding Schism by no means suffering such disobedience or division of the Members of any National Church where that Church did not divide it self from the Catholick And lastly contrary to the Common right of Government both of our Civil and Ecclesiastical Rulers and the Conscience of Laws both of Church and State But their pretence is Obedience to the Pope which leads us to consider the third great bond of Communion Government 3. Object Government Thirdly The last bond of Ecclesiastical external Government Communion is that of Government that is so far as it is lawful in it self and exerted in its Publick Laws This Government can have no influence from one National Church to another as such because so far they are equal par in parem but must be yielded by all Members of particular Churches whether National Provincial or truly Patriarchal to their proper Governours in all lawful things juridically required otherwise the guilt of Schism is contracted But for the Government of the Catholick we cannot find it wholly in any one particular Church without gross Vsurpation as is the plain sence of the Ancient Church indeed it is partly found in every Church it was at first diffused by our Vniversal Pastor and Common Lord into the hands of all the Apostles and for ought hath yet appeared still lies abroad among all the Pastors and Bishops of particular Churches under the power protection and assistance of Civil Authority Except when they are collected by just power and legal Rules into Synods or Councils whether Provincial National or General here indeed rests the weight of the Controversie but I doubt not it will at last be found to make its way against all contradiction from our Adversaries In the mean time we do conclude while we profess and yield all due obedience to our proper Pastors Bishops and Governours when there are no Councils sitting and to all free Councils wherein we are concerned lawfully convened we cannot be justly charged wiih Schism from the Government of the Catholick Church though we stiffly deny obedience to a Forreign Jurisdiction
Succession except their own and appropriating all Original Jurisdiction to themselves And that which draws Sedition and Rebellion as the great aggravation of their Schism they Challenge a temporal Power over Princes either directly or indirectly Thus their Charge against us is Disobedience Our Charge against them is Usurpation and abuse of Power If we owe no such Obedience or if we have cause not to obey we are acquitted If the Pope have both power and reason of his side we are guilty If he fail in either the whole weight of Schism with all its dreadful Consequences remains upon him or the Court of Rome The Conclusion TThus we see the Controversie is broken into two great points 1. Touching the Papal Authority in England 2. Touching the Cause of our denying Communion in some things with the Church of Rome required by that Authority Each of these I design to be the matter of a distinct Treatise This first Book therefore is to try the Title The Sum of this first Treatise betwixt the Pope and the Church of England Wherein we shall endeavour impartially to examine all the Pleas and Evidences produced and urged by Romanists on their Masters behalf and shew how they are answered and where there appears greatest weight and stress of Argument we shall be sure to give the greatest diligence Omitting nothing but vnconcluding impertinencies and handling nothing lightly but colours and shadows that will bear no other Now to our Work CHAP. II. An Examination of the Papal Authority in England Five Arguments Proposed and briefly reflected on THis is their Goliah and indeed their whole Army if we rout them here the day is our own and we shall find nothing more to oppose us but Skirmishes of Wit or when they are at their Wits end fraud and force as I am troubled to observe their Use hath been For if the See of Rome hath no just claim or Title to govern us we cannot be obliged to obey it and consequently these two things stand evident in the light of the whole world We are no Schismaticks though we deny obedience to the See of Rome seeing it cannot justly challenge it 2dly Though we were so yet the See of Rome hath no power to consure us that hath no power to govern us And hereafter we shall have occasion further to conclude that the Papal Authority that hath nothing to do with the English Church and yet rigorously exacts our obedience and censures us for our disobedience is highly guilty both of Ambition in its unjust claim and of Tyranny in unjust execution of an usurped power as well in her Commands as Censures which is certainly Schism and aliquid ampliùs They of the Church of Rome do therefore mightily bestir themselves to make good their claim without which they know they can never hope either to gain us or secure themselves I find five several Titles pretended though methinks the power of that Church should be built but upon one Rock 1. The Pope being the means of our first Conversion as they say did thereby acquire a Right 1. Conversion for himself and successors to govern this Church 2. England belongs to the Western Patriarohate 2. Patriarch and the Pope is the Patriarch of the West as they would have it 3. Others found his Right in Prescription and 3. Prescription long continued possession before the Reformation 4. Others flee much higher and derive this 4. Infallibility power of Government from the Infallibility of the Governor and indeed who would not be led by an unerring Guide 5. But their strong hold to which at last resort 5. Succession is still made is the Popes Vniversal Pastorship as Successor to St. Peter and supreme Governor not of Rome and England only but of the whole Christian World Before we enter upon trial of these severally we shall briefly note that where there are many Titles pretended Right is justly suspected especially if the Pretences be inconsistent 1. Now how can the Pope as the Western Patriarcb or as our first Converter pretend to be our Governor and yet at the same time pretend himself to be universal Bishop These some of our suttlest Adversaries know to imply a contradiction and to destroy one another 2. At first sight therefore there is a necessity on those that assert the universal Pastorship to wave the Arguments either from the Right of Conversion or the Western Patriarchate or if any of them will be so bold as to insist on these he may not think the Chair of St. Peter shall be his Sanctuary at a dead lift 3. Also for Possession what need that be pleaded if the Right be evident Possession of a part if the Right be universal unless by England the Pope took livery and Seisen for the whole world Besides if this be a good plea it is as good for us we have it and have had it time out of mind if ours have not been quiet so neither was theirs before the Reformation 4. For Infallibility that 's but a Qualification no Commission Fitness sure gives no Authority nor desert a Title and that by their own Law otherwise they must acknowledge the Bishops of our Church that are known to be as learned and holy as theirs are as good and lawful Bishops as any the Church of Rome hath Thus we see where the Burthen will rest at last and that the Romanists are forced into one only hold One great thing concerns them to make sure or all is lost the whole Controversir is tied to St. Peters Chair the Supremacy of the Pope must be maintained or the Roman and Catholick are severed as much as the Church of England and the Church of Rome and a great breach is made indeed but we are not found the Schismaticks But this is beside my task Lest we should seem to endeavour an escape at any breach all the said five Pleas of the Romanists shall be particularly examined and the main Arguments and Answers on both sides faithfully and exactly as I can produced And where the Controuersie sticks and how it stands at this day noted as before we promised CHAP. III. Of the Popes Claim to England from our Conversion by Eleutherius Gregory THis Argument is not pressed with much confidence in Print though with very much in Discourse to my own knowledge Perhaps 't is rather popular and plausible than invincible Besides it stands in barr against the Right of St. Peter which they say was good near six hundred years before and extends to very many Churches that received grace neither by the means of St. Peter or his pretender Successor except they plead a right to the whole Church first and to a part afterwards or one kind of right to the whole and another to a part The truth is if any learned Romanist shall insist on this Argument in earnest he is strongly suspected either to deny or question the Right of St. Peter's Successor
advance very far towards the ending of it For so the Title hath been given to others as well as the Bishop of Rome and therefore it could not argue any Authority peculiar to him Also the same universalcare of the Church the occasion of the Title hath been acknowledged in others as well as in him and indeed the power which is the Root of that Care as the occasion of that Title is founded in all Bishops Here are three things noted which may be 3 Notes distinctly considered 1. Power is given to all Bishops with an immediate respect to the good of the whole Church So that if it were possible that every particular Bishop could take care of the whole Church they have Authority enough in their Function to do it though it be impossible and indeed inconsistent with peace and order that all should undertake it And therefore they have their bounds and limits set them hence their particular Diocesses therefore as St. Cyprian there is but one Bishoprick in the whole World a part of which is held by every Bishop 2. Thus we find in the primitive Church that every Bishop had his particular Charge yet they still regarded the common good extending their care the second thing observed sometimes beyond their own division by their council and direction yea and exercised their functions sometimes in other places Of which Dr. Stillingfleet Rat. ac p. 424 425. gives many instancesin Polycarp Ignatius Irenaeus St. Cyprian Faustus Yea upon this very ground Nazianzen saith Or. 18. p. 281. of St. Cyprian that he not only governed the Churches of Carthage but all the Western parts and even almost all the Eastern Southern and Northern too as far as he went Arsenius speaks more home to Athanasius Atha ap ad Imp. Const p. 786 c. We embrace saith he Peace and Vnity with the Catholick Church over which Thou through the Grace of God dost preside Whence Gregory Or. 21. p. 392. Naz. saith of Athanasius that he made Laws for the whole Earth And St. Basil writes to him Ep. 52. that he had care of all the Churches as of his own and calls him the Head and Chief of all And St. Chrisostom in the praise of Eustathius Tom. 5. p. 631. Savil. the Patriarch of Antioch saith that he was instructed by the divine Spirit that he was not only to have care of that Church over which he was set but of the whole Church throughout the world Now what is this but to say in effect these great men were universal Bishops though indeed they none of them had power of Jurisdiction over any Church but their own as notwithstanding the general care of the ancient good Bishops of Rome had of the good of the whole and their Influence and Reverence in order thereunto the Bishops of Rome had not 3. Upon the former ground and occasion some Bishops in the most famous Churches had the honour of the Title of Oecumenical or Universal Bishops But here we must confess the Bishops of Rome had the advantage being the most famous of all both by reason of their own primitive merit and the glory of the Empire especially the latter The Roman Empire was it self accounted universal and the greatness of the Empire advanced the Church to the same Title and consequently the Bishops of that Church above others 1. That the Roman Empire was so appears R. ac p. 425 426. by a multitude of Testimonies making orbis Romanus orbis humanus Synonimous collected by Dr. Still Hence Am. Marcellinus calls L. 14. c. 16. Rome Caput Mundi the head of the World And the Roman Senate Asylum Mundi totius And it was usual then to call whatever was o◠of the Roman Empire Barbaria as the same Dr. Ibid. proves at large Therefore that Empire was called in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Act. 11. 28. 2. Some Bishops in the great Churches in the Roman Empire were called Oecumenical as that relates to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 viz. the Roman Empire This appears because the very ground of the advancement of the Patriarch of Constantinople was the greatness of the City as appears in the Councils of Constantinople and Calcedon about it and the priviledges of old Rome gave the measure of the priviledges of new Rome And in probability the ground of that Patriarch's usurping the Title of Oecumenical Patriarch was but to correspond with the greatness P. 426. of his City which was then the Seat of the Empire as Dr. Still very reasonably Conjectures Moreover all the three Patriarchs of Alexandria Antioch and Constantinople had expressions given them tantamount to that Title The government of the whole World the care of all R. ac p. 426. the Churches the government as it were of the whole body of the Church as Dr. Stillingfleet particularly shews But most clear and full to that purpose Theod. Haer. fab l. 4. c. 14. p. 245. To. 4. oper as he observes is the Testimony of Theodoret concerning Nestorius being made Patriarch of Constantinople He was intrusted with the Government of the Catholick Church of the Orthodox at Constantinople and thereby of the whole World Where shall we find so illustrious a Testimony for the Bishop of Rome or if we could we see it would prove nothing peculiar to him Therefore if the Council of Calcedon did offer the Title of universal Patriarch or if they did not but as the truth rather is some Papers received in that Council did give him that Title it signifieth nothing to prove the Popes universal Authority Therefore Sim. Vigorius ingeniously confesseth Comento ad Res Syn. Conc. Bas p. 36. that when the Western Fathers call the Roman Bishops Bishops of the universal Church they do it from the custom of their Churches not that they look on them as universal Bishops of the whole Church but in the same sence that the Patriarchs of Constantinople Antioch Alexandria Jerusalem are called so or as they are universal over the Churches under their own Patriarchate or that in Oecumenical Councils they preside over the whole Church and after acknowledgeth that the Title of universal or oecumenical Bishop makes nothing for the Popes Monarchy It is too evident that that humble Pope Gregory seems to glorifie himself while he so often mentions that offer of the Title of Vniversal and his refusing of it and inveighing against it and that these were Engines used by him to deprive others of the same Title if not to advance his own See to the power signified by it though if he did indeed design any such thing it is an argument that he was ashamed openly to claim or own it while he rails against the Title in the effects of it which depended upon the power it self as such an abominable thing However if the Council of Calcedon did indeed offer or only record that Title to Gregory it is more than manifest
it could not possibly be intended to carry in it the Authority of the whole Church or any more than that qualified sence of Vigorius before mentioned because other Patriarchs had the same Title and we see no reason to believe that that Council intended to subject themselves and all Patriarchs to the Authority of the Western Pope contrary to their great design of advancing the See of Constantinople to equal priviledges with that of Rome as appears by their 16 Sess Can. 28. and their Synodical Epistle to Pope Leo. Thus the bare Title is no Argument and by what hath been said touching the grandure of the Roman Empire and the answerable greatness and renown of the Roman Church frequent recourse had unto it from other Churches for counsel and assistance is of no more force to conclude her Supremacy nor any matter of wonder at all Experience teacheth us that it is and will be so in all cases not only a renowned Lawyer Physician but Divine shall have great resort and almost universal addresses An honest and prudent Countryman shall be upon all Commissions the Church of Rome was then famous both for Learning Wisdom Truth Piety and I may add Tradition it self as well as greatness both in the eye of the world and all other Churches and her Zeal and care for general good keeping peace and spreading the grace of the Gospel was sometimes admirable And now no wonder that Applications in difficult cases were frequently and generally made hither which at first were received and answered with Love and Charity though soon after the Ambition of Popes knew how to advance and hence to assume Authority From this we see it was no great venture Iren. l. 3. c. 3. how ever A. C. Term it for Arch-Bishop Laud to grapple with the Authority of Irenaeus who saith to this Church meaning Rome propter potentiorem Principalitatem for the more powerful Principality of it 't is necessary that every Church that is the faithful undique should have recourse in qua semper ab his qui sunt undique conservata estâ—ea quae est ab Apostolis traditio His Lordship seems to grant the whole Rome being then the Imperial City and so a Church of more powerful Authority than any other yet not the Head of the Church Vniversal this may suffice without the pleasant criticizing about undique with which if you have a mind to be merry you may entertain your self in Dr. Still p. 441. c. But indeed A. C. is guilty of many Mistakes in reasoning as well as criticizing he takes it for granted that this Principality is attributed by Irenaeus here to Rome as the Church not as the City 2. That the necessity arising hence was concerning the Faith and not secular Affairs neither of which is certain or in likelihood true vid. Dr. Still p. 444. Besides if both were granted the necessity is not such as supposeth Duty or Authority in the faithful or in Rome but as the sense makes evident a necessity of expedience Rome being most likely to give satisfaction touching that Tradition about which that dispute was Lastly the Principality here implies not proper Authority or Power to decide the Controversie one kind of Authority it doth imply but not such as A. C. enquired for not the Authority of a Governor but of a Conservator of a Conservator of that Truth that being made known by her might reasonably end the quarrel not of an absolute Governour that might command the Faith or the Agreement of the Dissenters This is evident 1. Because the Dispute was about a matter of Fact whether there was any such Tradition or not as the Valentinians pretended 2. Because Irenaeus refers them to Rome under this reason conservata est the Apostolical Traditions are kept there being brought by the faithful undique thither and therefore brought thither because of the more Principality of the City all persons resorted thither Lastly It is acknowledged that Pope Gregory Obj. Eph. 65. ind 2. doth say that if there be any fault in Bishops it is subject to the Apostolical See but when their fault doth not exact it that then upon the account of Humility all were his Equals Indeed this smells of his ambition and design Sol. before spoken of but if there be any truth in it it must agree with the Canon Saint Gregory himself records and suppose the faulty Bishop hath no proper Primate or Patriarch to judge him also with the proceeding then before him and suppose Complaint to the Emperor and the Emperor's subjecting the Cause to the Apostolical See as that Cause was by Saint Gregory's own Confession However what he seems here to assume to his own See he blows away with the same breath denying any ordinary Jurisdiction and Authority to be in that See over all Bishops while he supposes a fault necessary to their subjection and that while there is no fault all are equall which is not true where by a lawful standing ordinary Government there is an eternal necessity of Superiority and Inferiority But of this I had spoken before had I thought as I yet do not that there is any weight or consequence in the words Further Evidence that the Ancient Popes themselves though they might thirst after it did not believe that they were Vniversal Bishops and Monarks over the whole Church and that they did not pretend to it in any such manner as to make the World believe it I say further evidence of this ariseth from their acknowledged subjection to the Civil Magistrate in Ecclesiastical Affairs Pope Leo begged the Emperor Theodosius with tears that he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he would Command not permit a Council to be held in Italy that sure was not to signifie his Authoritative desires That Instance of Pope Agatho in his Epistle to the Emperor is as pertinent as the former 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. with praise we admire your Conc. Tom. 5. p. 60. E. F. purpose well pleasing to God not to the Pope and for these Commands of yours we are rejoyced and with groans give thanks to God and many such Doctor Hammond saith might be afforded Pope Gregory received the power of hearing and determining Causes several times as he himself confesseth from the Emperor as we shewed before Hence Pope Eleutherius to King Lucius you are the Vicar of Christ the same in effect which is contained in the Laws of Edward the Confessor And Pope Vrban the Second entertained our Arch-bishop Anselm in the Council of Bar with the Title of the Pope of another World or as some relate it the Apostle of another World and a Patriarch worthy to be reverenced Malm. pro. ad lib. de gest pont Angl. Now when the Bishops of Rome did acknowledge that the Civil Magistrate had power to command the assembling of general Councils and to command Popes themselves to hear and determine Ecclesiastical Causes when they acknowledged the King of England
the Nicene Canons they were contented to yield that it should be so till the true Canons were produced Now what can the Reader desire to put an eternal end to this Controversie and consequently to the claim of the universal Pastor in this Age but an account of the Judgment of this Council when they had received the Copy of the Nicene Canons on which the point depended out of the East This you have in that excellent Epistle of theirs to Pope Celastine who succeeded Boniface and the elaborate Dr. Stillingfleet who searcheth R. ac p. 410 411. all things to the bottom hath transcribed it at large as a worthy Monument of Antiquity and of very great light in the present Controversie To him I shall refer the Reader for the whole and only note some few expressions to the purpose We say they humbly beseech you to admit no more into your Communion those whom we have cast out For your Reverence will easily perceive that this is forbid in the Council of Nice For if this be taken care for as to the inferior Clergy and Laity how much more would it have it to be observed in Bishops The Decrees of Nice have subjected both the inferior Clergy and Bishops to their Metropolitans for they have most wisely and justly provided that every business be determined in the place where it begun Especially seeing that it is lawful to every one if he be offended to appeal to the Council of the Province or even to an universal Council Or how can a Judgment made beyond the Sea be valid to which the Persons of necessary Witnesses cannot be brought by reason c. For this sending of men to us from your Holiness we do not find it commanded by any Synod of the Fathers And as for that Council of Nice we cannot find it in the truest Copies sent by holy Cyril Bishop of Alexandria and the venerable Atticus Bishop of Constantinople which also we sent to your Predecessor Boniface Take heed also of sending any of your Clerks for Executors to those who desire it lest we seem to bring the swelling pride of the World into the Church of Christ and concerning our brother Faustinus Apiarius being cast out we are confident that our brotherly Love continuing Africa shall no more be troubled with him This is the sum of that famous Epistle the Pope and the African Fathers referred the point in difference to the true Canons of the Nicene Council The Canons determine against the Pope and from the whole story 't is inferred evidently 1. That Pope Boniface himself implieth his Jurisdiction was limited by the general Council of Nice and that all the Laity and Clergy too except Bishops that lived beyond the Seas and consequently in England were exempted from his Jurisdiction by that Council 2. Pope Boniface even then when he made his claim and stood upon his terms with the African Fathers pleads nothing for the appeals of transmarine Bishops to Rome but the allowance of the Council of Nice no tu es Petrus then heard of 3. Then it seems the practices of Popes themselves were to be ruled and judged by the ancient Canons and Laws of the Church 4. The African Fathers declared the Pope fallible and actually mistaken both to his own power and sense of the Council Proving substantially that neither Authority from Councils nor any foundation in Justice Equity or order of Government or publick Conveniency will allow or suffer such Appeals to Rome and that the Pope had no authority to send Legates to hear causes in such cases All these things lye so obviously in prejudice both of the Popes Possession and Title as universal Pastor at that time both in his own the Churches sence that to apply them further would be to insult which I shall forbear seeing Baronius is so ingenious as to confess there are some hard things in this Epistle And Perron hath hereupon exposed his Wit with so much sweat and so little purpose but his own Correction and Reproach as Dr. Still notes Yet we may modestly conclude from this one plain instance that the sence of the Nicene Council was defined by the African Council to be against the Popes Supremacy and consequently they did not submit to it nor believe it and a further consequence to our purpose is that then the Catholick Church did not universally own it i. e. the Popes Supremacy then had not Possession of the faith of the whole Church For as A. C. p. 191. maintains the Africans notwithstanding the contest in the sixth Council of Carthage were always in true Communion with the Roman Church even during the term of this pretended Separation And Caelestine himself saith that St. Augustine one of those Fathers lived and dyed in the Communion of the Roman Church SECT IX The Conclusion touching Possession Anciently VVE hope it is now apparent enough that the Popes Supremacy had no possesion in England from the beginning or for the first six hundred years either de facto or in fide Our Ancestors yielded not to it they unanimously resisted it and they had no reason to believe it either from the Councils or practice of the Church or from the Edicts and Rules of the imperial Law or the very sayings of the Popes themselves Thus Sampson's Hair the strength and Pomp of their best Plea is cut off The foundation of the Popes Supremacy is subverted and all other pleas broken with it If according to the Apostles Canons every Nation had its proper Head in the beginning to be ackonwledged by them under God And according to a general Council all such Heads should hold as from the beginning there can be no ground afterwards for a lawful possession to the contrary If tu es Petrus pasce Oves have any force to maintain the Popes Supremacy why did not the ancient Fathers the Authors of those Canons see it Why was not it shewn by the Popes concerned in bar against them when nothing else could be pleaded When both Possession and Tradition were to be begun and had not yet laid their Foundation Yea when actual opposition in England was made against it when general Councils abroad laid restraints upon it and the Eastern Church would not acknowledge it Indeed both Antiquity Universality and Tradition it self and all colour of Right for ever fails with possession For Possession of Supremacy afterwards cannot possibly have either a divine or just Tâ—â— but must lay its Foundation contrary to Gods Institution and Ecclesiastical Canon And the Possessor is a Thief and a Robber our Adversaries being Judges He invades others Provinces and is bound to Restore And long Possession is but a protracted Rebellion against God and his Church However it be with the secular Powers Christs Vicar must certainly derive from him must hold the power he gave must come in it at his door And S. W. himself P. 50 against Dr. Hammond fiercely affirmeth That Possession in this
kind ought to begin ne◠Christs Time and he that hath begun it later unless he can Evidence that he was driven out from an Ancient Possession is not to be stiled a Possessor but an Vsurper an Intruder an Invader Disobedient Rebellious and Schismatical Good Night S. W. Quod ab initio fuit invalidum tractu temporis non Convalescit is a Rule in the Civil Law Yea whatever Possession the Pope got afterwards was not only an illegal Vsurpation but a manifest Violation of the Canon of Ephesus and thereby Condemned as Schismatical CHAP. VII The Pope had not full Possession here before Hen. 8. 1. Not in Augustine's Time II. Nor After 'T Is boldly pleaded that the Pope had Possession of the Supremacy in England for nine hundred years together from Augustine till Hen. 8. 〈◊〉 no King on Earth hath so long and so clear prescription for his Crown To which we answer 1. That he had not such Possession 2. If he had 't is no Argument of a just Title SECT I. Not in Austin's Time State of Supremacy questioned VVE shall consider the Popes Supremacy here as it stood in and near St. Augustine's time and in the Ages after him to Hen. 8. 1. We have not found hitherto that in or about the time of Augustine Arch-Bishop of Canterbury the Pope had any such power in England as is pretended Indeed he came from Rome but he brought no Mandate with him and when he was come he did nothing without the King's licence at his arrival he petitions 〈◊〉 King the King commands him to stay in the Isle Thanet till his further pleasure was known he obeyed afterward the King gave him licence to preach to Bed l. 1. c. 25. his Subjects and when he was himself converted majorem praedicandi licentiam he enlarged his licence so to do 'T is true Saint Gregory presumed largly to subject all the Priests of Brittain under Augustine and to give him power to erect two Arch-Bishopricks and twelve Bishopricks under each of them but 't is one thing to claim another thing to possess for Ethelbert was then the only Christian King who had not the twentieth part of Brittain and it appears that after both Saint Gregory and Austine were dead there were but one Arch bishop and two Bishops throughout the Brittish Islands of the Roman Communion Indeed the Brittish and Scotch Bishops were Bed l. 2. c. 2 c. 4. many but they renounced all Communion with Rome as appeared before We thankfully acknowledge the Pope's sending over Preachers his commending sometimes Arch-Bishops when desired to us his directions to fill up vacant Sees all which and such like were Acts of Charity becoming so eminent a Prelate in the Catholick Church but sure these were not Marks of Supremacy 'T is possible Saint Milet as is urged might bring the Decrees of the Roman Synod hither to be observed and that they were worthy of our acceptance and were accepted accordingly but 't is certain and will afterwards appear to be so that such Decrees were never of force here further that they were allowed by the King and Kingdom 'T is not denied but that sometimes we admitted the Pope's Legates and Bulls too yet the Legantine Courts were not Anciently heard of neither were the Legates themselves or those Bulls of any Authority without the King's Consent Some would argue from the great and flattering Titles that were antiently given to the Pope but sure such Titles can never signifie Possession or Power which at the same time and perhaps by the very same Persons that gave the Titles was really and indeed denied him But the great Service the Bishop of Calcedo◠hath done his Cause by these little Instances before mentioned will best appear by a true state Vid. Bramh. p. 189. c. of the question touching the Supremacy betwixt the Pope and the King of England in which such things are not all concerned The plain question is who was then the Political Head of the Church of England the King or the Pope or more immediately whether the Pope then had possession of the Supremacy here in such things as was denied him by Hen. 8. at the beginning of our Reformation and the Pope still challengeth and they are such as these 1. A Legislative Power in Ecclesiastical Causes 2. A Dispensative Power above and against the Laws of the Church 3. A liberty to send Legates and to hold Legantine Courts in England without Licence 4. The Right of receiving the last Appeals of the King's Subjects 5. The Patronage of the English Church and Investitures of Bishops with power to impose Oaths upon them contrary to their Oath of Allegiance 6. The First Fruits and Tenths of Ecclesiastical Livings and a power to impose upon them what Pensions or other Burthens he pleaseth 7. The Goods of Clergy-men dying Intestate These are the Flowers of that Supremacy which the Pope claimeth in England and our Kings and Laws and Customs deny him as will appear afterwards in due place for this place 't is enough to observe that we find no foot-steps of such possession of the Pope's Power in England in or about Augustine's time As for that one instance of Saint Wilfred's Appeals it hath appeared before that it being rejected by two Kings successively by the other Arch-Bishop and by the whole Body of the English Clergy sure 't is no full instance of the Pope's Possession of the Supremacy here at that time and needs no further answer SECT II. No clear or full possession in the Ages after Austine till Hen. 8. Eight Distinctions the Question stated IT may be thought that though the things mentioned were not in the Pope's possession so early yet for many Ages together they were found in his Possession and so continued without interruption till Hen. 8. ejected the Pope and possest himself and his Successors of them Whether it were so or not we are now to examine and least we should be deceived with Colours and generalities we must distinguish carefully 1. Betwixt a Primacy of Order and Dignity and Unity and Supremacy of Power the only thing disputed 2. Betwixt a Judgment of direction resulting from the said Primacy and a Judgment of Jurisdiction depending upon Supremacy 3. Betwixt things claimed and things granted and possessed 4. Betwixt things possessed continually or for some time only 5. Betwixt Possession partial and of some lesser Branches and plenary or of the main body of Jurisdiction 6. Betwixt things permitted of curtesie and things granted out of duty 7. Betwixt incroachment through craft or power or interest or the temporary Ossitancy of the People and Power grounded in the Laws enjoyed with the consent of the States of the Kingdom in times of peace 8. Lastly betwixt quiet possession and interrupted These Distinctions may receive a flout from some capricious Adversary but I find there is need of them all if we deal with a subtle one For the Question is not touching
Primacy in the Bishop of Rome or an acknowledged Judgment of direction flowing from it or a claim of Jurisdiction which is no Possession or a partial possession of power in some lesser things or a larger power in greater matters yielded out of curtesie ossitancy or fear or surprize and held only for a time while things were unsetled or by power craft or interest but soon after disclaimed and frequently interrupted for this is not such a Possession as our Adversaries plead for or indeed will stand them in stead But the Question in short is this whether the Pope had a quiet and uninterrupted possession of the Supreme Power over the Church of England in those great Branches of Supremacy denied him by Henry the Eighth for nine hundred years together or for many Ages together before that time This strictly must be the Question for the Complaint is that Hen. 8. disposessed the Pope of the Supremacy which he had enjoyed for so many Ages and made himself Head of the Church of England therefore those very things which that King then denied to the Pope or took from him must be those Flowers of the Supremacy which the Papists pretend the Pope had possession of for so many Ages together before his time Two things therefore and those only are needful to be sought here what those Branches of Power are which Henry the Eighth denied to the Pope and resumed to himself and his Successors and whether the Pope and quietly and without plain interruption possest the same for so many Ages before his time and in order thereunto when and how he got it CHAP. VIII What the Supremacy was which Henry the Eighth took from the Pope the Particulars of it with Notes 'T Is true Henry the Eighth resumed the Title of the only Supreme Head in Earth of the Church of England and denied this Title to the Pope but 't is plain the Controversie was not so much about the Title as the Power the Honours Dignities Jurisdictions Authorities Profits c. belonging or appertaining to the said Dignity of Supreme Head of the Church of England as is evident by the Statute Hen. 8. 26. c. 1. The Particulars of that Power were such as these 1. Henry the Eighth prohibited all Appeals to the Pope An. 24. c. 12. and Legates from Rome 2. He also forbad all payments of money upon any pretence to the Pope An. 25. c. 12. 3. He denied the Pope the Nomination and Consecration of Arch-Bishops and Bishops and Presentations An. 25. 20. 4. He prohibited all Suits for Bulls c. to be made to the Pope or the See of Rome 25. c. 21. 5. He prohibited any Canons to be executed here without the King's Licence An. 25. 19. I have perused the Statutes of King Henry the Eighth and I cannot find any thing which he took away from the Pope but it is reducible to these five Heads touching which by the way we note 1. The Controversie was not about a Primacy of Order or the beginning of Unity but a Supremacy of Power 2. All these things were then denied him not by the King alone but by all the States of the Kingdom in many Statutes 3. The denial of all these Branches of Supremacy to the Pope were grounded upon the Ancient Laws and Customs of the Realm as is usually noted in the Preamble of the said Statutes and if that one thing shall be made to appear we must conclude that the Pope might be guilty of an Vsurpation but could never have a Legal Possession of that Supremacy that is in the question 4. Note that the States of the Kingdom in the Reign of Queen Mary when by means of Cardinal Pool they recognized the Pope's Supremacy An. 1. 11. Mar. c. 8. it was with this careful and express Limitation that nothing therein should be understood to diminish any the Liberties of the Imperial Crown of this Realm which did belong unto it in the Twentieth year of Hen. 8. without deminution or enlargment of the Pope's Supremacy in England as it was in the Twentieth year of Hen. 8. So that Queen Mary and her Parliament added nothing to the Pope but only restored what he had before and when and how that was obtained is next to be examined CHAP. IX Whether the Pope's Supremacy here was in quiet Possession till Henry the Eighth WE have found what Branches of the Pope's Power were cut off by Hen. 8. The Question is whether the Pope had Possession of them without interruption before that time and that we may proceed dictinctly and clearly we shall consider each of the former Branches by themselves and first we begin with the Pope's Power of receiving Appeals from hence which carries a very considerable part of his pretended Jurisdiction SECT I. Of Appeals to Rome Three Notions of Appeal Appeals to Rome Locally or by Legates Wilfrid Anselm Appeals to Rome we have found among these things which were prohibited by Henry the Eighth Therefore no doubt the Pope claimed and in some sort possessed the power of receiving such Appeals before But what kind of Possession how free and how long is worthy to be enquired Appeal is a word taken several ways Sometimes it is only to accuse so we find it in the 3 Senses of Appeal Statutes of the 11 and 21 Rich. 2. Sometimes to refer our selves for judgment to some worthy person so Francfort c. appealed to John Calvin 3. But now it is chiefly used for a removing a cause from an inferior to a Superior Court that hath power of disanulling what the other did In this last sense Historians tell us that Appeals to Rome were not in use with us till about five hundred years agon or a little more viz. the year 1140. These Appeals to Rome were received and judged either in the Popes Court at Rome or by his Legates in England A word or two of each For Appeals to the Pope at Rome the two famous instances of Wilfred and Anselm take up much ◠Locally of our History But they both seem at least at first to have Wilfred appealed to the Pope under the second notion Anselm of appeal Not to him as a proper or legal Judge but as a great and venerable Prelate But not to stick there 't is well known what effect they obtained As for Wilfred his account was of elder date and hath appeared before to the great prejudice of the Popes Possession in England at that time But Anselm is the great monument of Papal Obedience Anselm and as a learned man observes the first promoter of Papal Authority in England He began his Enterprise with a pretence that he ought not to be barr'd of visiting the Vicar of St. Peter causâ Regiminis Ecclesiae but he was not suffered to do that So far was the Pope then from having the power of receiving appeals that he might not receive the visit of a person of Anselm's quality without the
of the priviledge of Appeals to us seeing thou thy self has sometimes done the same And near about the same time as Twisden observes Robert Abbot of Thorney deposed by Hubert Arch-Bishop was kept in Prison a year and an half without any regard had to his appeal Hov. f. 430. b. 37. made to the Pope Indeed that Pope Innocent the Third and his Obj. Clergy great instruments in obtaining Magna Charta from that Prince had got that clause inserted liceat unicuique it is lawful for any one to go out of our Kingdom and to return nisi in tempore Guerrae per aliquod breve tempus After which saith Twisden it is scarce imaginable how every petty cause was by appeals removed to Rome which did not only cause Jealousie at Rome that the grievance would not long be born and put the Pope in prudence to study and effect a mitigation by some favourable priviledges granted to the Arch-Bishoprick but it did also awaken the King and Kingdom to stand upon and recover their ancient liberty in that point Hereupon the Body of the Kingdom in their Matth. Par. p. 668. 3. querelous Letter to Innocent the fourth 1245. or rather to the Council at Lions claim that no Legate ought to come here but on the King's desire ne quis extra Regnum trahatur in Causam which Math. Par. left out but is found in Mr. Roper's M. S. and Mr. Dugdale's as Sir Roger Twisden observes agreeable to one of the Gravamina Angliae sent to the same Pope 1246. viz. quod Anglici extra Regnum in Causis Apostolica Authoritate trahuntur Therefore it is most remarkable that at the revising of Magna Charta by Edw. 1. the former clause liceat unicuique c. was left out Since which time none of the Clergy might Reg. 193. Coke Inst 3. p. 179. 12 R. 2. c. 15. go beyond Seas but with the King's leave as the Writs in the Register and the Acts of Parliament assure us and which is more if any were in the Court of Rome the King called them home The Rich Cardinal and Bishop of Winchester knew the Law in this case and that no man was so great but he might need pardon for the offence and therefore about 1429. caused a Petition to be exhibited in Parliament that neither himself nor any other should be troubled by the King c. for cause of any provision or offence done by the said Cardinal against Rot. Parl. 10 Hen. 6. n. 16. any Statute of Provisions c. this was in the Eighth of Henry the Sixth and we have a plain Statute making such Appeals a premunire in Edward 9 Ed. 4. 3. the Fourth Sir Roger Twisden observes the truth of this barring Appeals is so constantly P. 37. averred by all the Ancient Monuments of this Nation as Philip Scot not finding how to deny it falls upon another way that if the Right of Appeals were abrogated it concludes not the See of Rome had no Jurisdiction over this Church the Concession gives countenance to our present enquiry the consequence shall be considered in its proper place What can be further said in pretence of a quiet possession of Appeals for nine hundred years together since it hath been found to be interrupted all along till within one hundred years before Hen. 8. Especially seeing my Lord Bramhall hath made it evident by clear Instances that it is the Vnanimous Judgment of all Christendom that not the Pope but their own Sovereigns in their Councils are the last Judges of their National Liberties vid Bramh. p. 106. to 118. SECT II. Of the Pope's Possession here by his Legates Occasion of them Entertainment of them IT is acknowledged by some that citing Englishmen to appear at Rome was very inconvenient therefore the Pope had his Legates here to execute his Power without that inconvenience to us How the Pope had possession of this Legantine Power is now to be enquired The Correspondence betwixt us and Rome at first gave rise to this Power the Messengers from Rome were sometimes called Legati though at other times Nuncii After the Erection of Canterbury into an Arch-Bishoprick the Arch-Bishop was held quasi Alterius Orbis Papa as Vrban 2. stiled him he exercising Vices Apostolicas in Anglia Malms f. 127. 15. that is used the same Power within this Island the Pope did in other Parts Consequently if any question did arise the determination was in Council as the deposing Wigorn. An. 1070. Stygand and the setling the precedency betwixt Canterbury and York The Instructions mentioned of Henry the First say the Right of the Realm is that none should be drawn out of it Authoritate Apostolicâ and do assure us that our Ancient Applications to the Pope were Acts of Brotherly Confidence in the Wisdom Piety and Kindness of that Church that it was able and willing to advise and assist us in any difficulty and not of obedience or acknowledgment of Jurisdiction as appear by that Letter of Kenulphus c. to Pope Leo the Third An. â—797 Malms de Reg. l. 1. f. 16. quibus Sapientiae Clavis the Key of Wisdom not Authority was acknowledged therein Much less can we imagine that the Pope's Messengers brought hither any other Power than that of Direction and Counsel at first either to the King or Arch-Bishop the Arch-Bishop was nullius unquam Legati ditioni addictus Therefore none were suffered to wear a Miter within his Province or had the Crecier carried nor laid any Excommunication upon this ground in Diaecesi Archiepiscopi Apostolicam non tenere Sententiam Gervas Col. 1663. 55. An. 1187. Col. 1531. 38. The Church of Cant. being then esteemed omnium nostrum Mater Communis sub sponsi Jesu Christi dispositione ibid. True the Pope did praecipere but that did not argue the acknowledgment of his Power so John Calvin commanded Knox the question Knox Hist Scot. 93. is how he was obeyed 't is certain his Precepts if disliked were questioned Eadm p. 92. 40. opposed Gervas Col. 1315. 66. and those he sent not permitted to medle with those things they came about ibid. Col. 1558. 54. But Historians observe that we might be Occasion of Legates wrought to better temper some Persons were admitted into the Kingdom that might by degrees raise the Papacy to its designed height these were called Legates but we find not any Courts kept by them or any Power exercised with effect beyond what the King and Kingdom pleased which indeed was very little The Pope's Legate was at the Council touching the precedence of the Arch-Bishops but he subscribed the sixteenth after all the English Bishops and not like the Pope's Person or Proctor as Sir Roger Twisden proves p. 20. The first Council wherein the Pope's Legate preceded Arch-Bishops was that of Vienna a little more than three hundred years agon viz. 1311. as the same Author observes wherein he looked like the
among us by Law or quiet possession in Fact for any considerable time together but was still interrupted by the whole Kingdom by new declaratory Laws against it Thus we have seen how the Popes Possession of the formal branch of Jurisdiction by Appeals and Legates stood here from St. Austin to Hen. 8. and that it was quiet and uninterrupted for nine hundred together passeth away as a Vapour The Contrary being evident by as Authentick Testimonies as can be desired and now what can he imagined to enervate them If it be urged that it was once in the body of Obj. our Laws viz. In Magna Charta liceat unicuique de caetero exire de Regno nostro redire salvo securè per terram per aquam salva fide nostra nisi in tempore Guerrae per aliquod breve Tempus 't is confest But here is no expression that plainly and in Ans terms gives license of Appeals to Rome 'T is indeed said that it is lawful for any to go out of the Kingdom and to return safe But mark the Conditions following Nisi in c. 'T is likely these words were inserted in favour of Appeals but it may be the Authors were timerous to word it in a more plain contradiction to our ancient Liberties 2. The very form of words as they are would seem to intimate that the Custom of England was otherwise 3. Lastly If it be considered how soon after and with what unanimity and courage our ancient Liberty to the contrary was redeemed and vindicated and that clause left out of Magna Charta ever since though revised and confirmed by so many Kings and Parliaments successively it is only an argument of a sudden and violent torrent of Papal Power in King John's time c. not of any grounded or well settled Authority in the English Laws as our English Liberties have I Conclude with those weighty words of the Statute of Ed. 3. an 27. c. 1. Having regard to the said Statute made in the time of his said Grandfathers which Statute holdeth always in force which was never annulled or defeated in any point And for as much as he is bound by his Oath to do the same to be kept as the Law of the Realm though that by sufferance and negligence it hath been since attempted to the contrary Vid. Preamble of the Statute Whereupon it is well observed that Queen Acts Mon. Mary her self denyed Cardinal Pelow to appear as the Popes Legate in England in her time And caused all the Sea-ports to be stopped and all Letters Briefs and Bulls to be intercepted and brought to her CHAP. X. The Pope's Legislative Power in England before Hen. 8. No Canons of the Pope oblige us without our Consent our Kings Saxons Danes Normans made Laws Ecclesiastical WE have found possession of the Executive Power otherwise than was pretended we now come to consider how it stood with the Legislative the Pope indeed claimed a Power of making and imposing Canons upon this Church but Henry the Eighth denied him any such Power and prohibited any Canons whatsoever to be executed here without the King's Licence An. 25. 19. The question now is whether the Pope enjoyed that Power of making and imposing Canons effectually and quietly here from the time of Saint Augustine to Henry the Eighth or indeed any considerable time together and this would invite us to a greater Debate who was Supreme in the English Church the Pope or the King during that time or rather who had the exercise of the Supremacy for the Power of making Laws is the chief Flower or Branch of the Supremacy and he that freely and without interruption enjoyed this Power was doubtless in the Possession of the Supremacy That the Pope had it not so long and so quietly as is pleaded by some and that our Kings have generally enjoyed it will both together appear with evidence enough by the Particulars following 1. If none were to be taken for Pope but by the King 's Appointment Sure his Laws were not to be received but with the King's Allowance 2. If not so much as a Letter could be received from the Pope without the King's Knowledge who caused words prejudicial to the Crown to be renounced Sure neither his Laws Both the Antecedents we find in Eâ—dm p. 626. p. 131. 1. 3. If no Canons could be made here without the King's Authority or being made could have any force but by the King's Allowance and Confirmation where was the Pope's Supremacy that Canons could not be made here without Convocations by Kings the King's Authority is evident because the Convocations themselves always were and ought to be Assembled by the King 's Writ Eadm p. 24. 5. 11. Besides the King caused some to sit therein to Supervise the Actions Legato ex parte Regis Regni inhiberent ne ibi contra Regiam Coronam dignitates aliquid statuere attentaret and when any did otherwise he was forced to retract what he had done as did Peckham or were in paucis Servatae as those of Boniface Math. Par. An. 1237. p. 447. 51. Lindwood c. 1. Glos 1. If Canons were made though the Popes Legate and consequently all his power was at Can. confir by Kings the making of them yet had they no force at all as Laws over us without the Kings allowance and confirmation The King having first heard what was decreed Consensum praebuit authoritate Regiâ potestate confirmavit Statuta concilii by his Kingly power he confirmed the Statutes of the Council of William Arch-Bishop of Cant. and the Legate of the holy Church celebrated at Westminster by the Assent of the King and primorum omnium Regni the Chapters subscribed were promulged Eadm p. 6. 29. Flor. Wigorn. an 1127. p. 505. Gervase an 1175. Col. 1429. 18. Twisden Concludes as for Councils it is certain none were here called from Rome till 1127. P. 19 20. If they did come to any as to Calcuith the King upon the advice of the Arch-Bishop Statuit diem appointed the day of the Council So when William the first held one at Winchester 1070. for deposing Stygand though there came to it three sent from Alexan. 2. Yet it was held Jubente presente Rege who was President of it wherein as before was noted the Popes Legate subscribed the sixteenth after all the English Bishops Vita Lanfranci c. 7. p. 7. Col. 1. d. All our Canons are therefore as they are justly Canons Kings Laws called the Kings Ecclesiastical Laws because no Canons have the power of Laws but such as he allows and confirms and whatsoever Canons he confirmed of old that had their original from a foreign power he allowed for the sake of their Piety or Equity or as a means of Communion with the Church from whence they came but his allowance or eonfirmation gave them all the Authority they had in England 'T is a point so plain in
other such kind of Instruments as the Statute 25 Hen. 8. 21. mentions and that this Power was denied or taken from him by the same Statute as also by another 28 Hen. 8. 16. and placed in or rather reduced to the Jurisdiction of the Arch-Bishop of Canterbury saving the Rights of the See of York in all Causes convenient and necessary for the Honour and Safety of the King the Wealth and Profit of the Realm and not repugnant to the Laws of Almighty God The Grounds of removing this Power from the Pope as they are expressed in that excellent Preamble to the said Statute 25 Hen. 8. are worthy our Reflexion they are 1. The Pope's Vsurpation in the Premises 2. His having obtained an Opinion in many of the people that he had full Power to dispence with all humane Laws Uses and Customs in all Causes Spiritual 3. He had practised this strange Usurpation for many years 4. This his practice was in great derogation of the Imperial Crown of this Realm 5. England recognizeth no Superior under God but the King only and is free from Subjection to any Laws but such as are ordained within this Realm or admitted Customs by our own Consent and Usage and not as Laws of any Forreign Power 6. And lastly that according to Natural Equity the whole State of our Realm in Parliament hath this Power in it and peculiar to it to dispence with alter Abrogate c. our own Laws and Customs for Publick good which Power appears by wholsom Acts of Parliament made before the Reign of Henry the Eighth in the time of his Progenitors For these Reasons it was Enacted in those Statutes of Henry the Eighth That no Subject of England should sue for Licences c. henceforth to the Pope but to the Arch-Bishop of Canterbury Now 't is confessed before and in the Preamble to the Statute that the Pope had used this Power for many years but this is noted as an Aggravation of the Grievance and one Reason for Redress but whether he enjoyed it from the time of Saint Austine or how long quietly is the proper question especially seeing the Laws of the Land made by King Henry's Predecessors are pleaded by him in contradiction to it Yea who will come forth and shew us one Instance No Instance 1110 years after Christ of a Papal Dispensation in England for the first eleven hundred years after Christ if not five hundred of the nine hundred years Prescription and the first five hundred too as well as the first eleven hundred of the fifteen are lost to the Popes and gained to the Prescription of the Church of England But Did not the Church of England without any reference to the Court of Rome use this Power during the first eleven hundred years what man is so hardy as to deny it against the multitude of plain Instances in History Did not our Bishops relax the Rigor of Ecclesiastical Canons did not all Bishops all over the Christian World do the like before the Monopoly was usurped In the Laws of Alured alone and in the conjoynt Gervis Dorober p. 1648. Laws of Alured and Gunthrun how many sorts of Ecclesiastical Crimes were dispensed with by the Sole Authority of the King and Church of England and the like we find in the Laws of Spel. Conc. p. 364. c. some other Saxon Kings Dunstan the Arch Bishop had Excommunicated a great Count he made his peace at Rome the Pope commands his Restitution Dunstan answered I will obey the Pope willingly when I Ibid. p. 481. see him penitent but it is not God's will that he should lie in his sin free from Ecclesiastical Discipline to insult over us God forbid that I should relinquish the Law of Christ for the Cause of any Mortal man this great Instance doth two things at once justifieth the Arch-Bishops and destroyeth the Pope's Authority in the Point The Church of England dispensed with those irreligious Nuns in the days of Lanfrank with the Council of the King and with Queen Maud the Wife of Henry the First in the like Case in the days of Anselm without any Suit to Rome or Forreign Dispensation Lanfr Ep. 32. Eadm l. 3. p. 57. These are great and notorious and certain Instances and when the Pope had usurped this Power afterwards As the Selected Cardinals Stile the avaritious Dispensations of the Pope Sacrilegious Vulnera Legum so our Statutes of Provisors expresly 27 Ed. 3. say they are the undoing and Destruction of the Common Law of the Land accordingly The King Lords and Commons complained of this abuse as a Mighty Grievance of the frequent coming among them of this Infamous Math. Par. Au. 1245. Messenger the Pope's non-obstante that is his Dispensations by which Oaths Customs Writings Grants Statutes Rights Priviledges were not only weakned but made void Sometimes these dispensative Bulls came to legal Trials Boniface the Eighth dispensed with the law where the Arch-Bishop of Canterbury was Visitor of the University of Oxford and by his Bull exempted the Vniversity from his Jurisdiction and that Bull was decreed void in Parliament by two Successive Kings as being obtained to the prejudice of the Crown the weakning of the Laws and Customs of the Kingdom and the probable Ruine of the said University Ex Arch. Tur. Londini Ex Antiq. Acad. Cantab. p. 91. In interruption of this Papal Vsurpation were those many Laws made in 25 Edw. 1. and 35 Et 12 Rich. 2. Edw. 1. 25 Edw. 3. and 27 and 28 Edw. 3. and afterwards more expresly in the sixteenth of Richard the Second where complaining of Processes and Censures upon Bishops of England because they executed the King's Comandments in his Courts they express the mischiefs to be the Disinherison of the Crown the Destruction of the King Laws and Realm that the Crown of England is subject to none under God and both the Clergy and Laity severally and severely protest to defend it against the Pope and the same King contested the Point himself with him and would not yield it An Excommunication by the Arch-Bishop albeit Lord Coke Cawdrie's Case it be disanulled by the Pope is to be allowed by the Judges against the Sentence of the Pope according to the 16 Edw. 3. Titl Excom 4. For the Pope's Bulls in special our Laws have abundantly provided against them as well in case of Excommunication as Exemption vid. 30 Edw. 3. lib. Ass pl. 19. and the abundant as is evidenced by my Lord Coke out of our English Laws in Cawd Case p. 15. he mentions a particular Case wherein the Bull was pleaded for Evidence that a Person stood Excommunicate by the Pope but it was not allowed because no Certificate appeared from any Bishop of England 31 Edw. 3. Title Excom 6. The same again 8 Hen. 6. fol. 3. 12 Edw. 4. fol. 16. R. 3. 1 Hen. 7. fol. 20. So late as Henry the Fourth if any Person
and Licenses and lesser ways Casual Payments and conditions of Advantage which did much help the rest to drain us of our wealth but these obtained upon private persons and many times in methods not cognizable by Law neither were the people so apt to complain in such cases because they had something which they unaccountably valued for their money and the possession of a false opinion in the Vulgar as Juglers and Cheats may equally glory in can never be soberly interpreted to be a good and sufficient Title to the Supremacy of the Church of England Yet it is not amiss to remember that the Popes Messenger Jo. Opizanus for acting against the Kings Laws in getting mony for his Master was cast into Prison as we find it Vit. Hen. Chich. p. 86. Neither can we reasonably imagine but that much of that vast Sum was gathered by those ways which in the Reign of Hen. 3. the Lords and Commons complain of viz. that above four hundred thousand pounds yearly was carried hence into Italy It was some disturbance of such kind of Receipts Stat. de 7. H. 1. c. 6. that the Law forbids any such Bulls to be purchased for the time to come upon pain of praemunire And that 't was decreed that the Popes Collector though he have a Bull for the purpose Hen. 4. fol. 9. hath no Jurisdiction within this Realm And if the ancient Law of the Realm saith that the Pope cannot alter the Laws of England that Law condemns his raising money upon the people in any kind without special Law to that purpose a Prerogative the Kings of England themselves do not claim Therefore that standing Fundamental Law of England always lay in bar against and was a continual real and legal disturbance of the Popes possession of power to impose Taxes or by any devices to collect money from the English either Laity or Clergy CHAP. XIV The Conclusion of the Argument from Prescription 'T is on our side No force for the Pope WE have seen what the Argument from Prescription is come to how far short of Nine Hundred years and how unsettled both in Law and Practice it ever was both as to Jurisdiction in the Popes Court at Rome and by his Legates here and as to Legislation by the force of his Canons and his dispensation by Faculties Licenses and any sort of Bulls c. and as to his Patronage of or Profits from the English Church If a just Computation were made I believe the Argument from Possession would really appear to be on our side Our Kings having enjoyed and flourished in the exercise of Supremacy over us ever since the Act of Hen. 8. extinguishing the Popes Usurpation here with far more quiet and less interruption than ever the Pope did for so long a time Besides other qualifications of our Kings possession do mightily strengthen the Plea above any thing that can be alledged on the Popes behalf 1. Our Kings had possession from the beginning Nice Ephe. according to the Canon and therefore could never be lawfully divested Ancient Histories are evident for us and Baronius determines well what is said by a Modern concerning ancient Tom. 1. an 1. n. 12. affairs without the Authority of any more ancient is contemned This ancient Possession of our Kings hath ever been continued and declared and confirmed by our Laws and the consent of the whole Kingdom signified thereby And these Laws have still been insisted on and repeated when there hath been any great occasion and fit opportunity to vindicate our ancient Liberties But the Pope could never obtain any legal settlement of his Power here before Queen Mary's Reign nor by Her neither in the main branches of it though indeed she courted him with the dignity of a great name and a verbal Title Indeed the subject of the Question being a spiritual Right our Adversaries themselves agree that Possession sufficient to prove it ought to begin near Christs time And he that hath begun it later as certainly the Pope did unless he can evidence that he was driven out from an ancienter Possession as the Pope can never do is not to be stiled a Possessor but an Vsurper an Intruder an Invader Disobedient Rebellious and Schismatical as no doubt by S. W's Logick the Pope is as before was noted I shall conclude with the grave and considerate Concession of Father Barnes noted by Dr. Stillingfleet who after his thorow study of the point upon clear Conviction determined it positively for us in these words The Britanick Church may plead the Cyprian Dr. Still p. 398. Priviledg that it was subject to no Patriarch and although this priviledge was taken away by Force and Tumult yet being restored in Henry the Eighth's time and quietly enjoyed since it ought to be retained for peace sake without prejudice of Catholicism and the brand of Schism by which he grants all that is pertinent to our Cause that the Pope had not possession here from the beginning nor ought to have had 2. That he took advantage bellorum tumultibus vi for his Usurpation 3. That our Ancient Cyprian priviledge was restored by Henry the Eighth totius Regni Consensu with the Consent of the whole Kingdom 4. That never since it hath been peaceably prescribed pacifice praescriptum or quietly enjoyed 5. And that therefore it still ought to be retained sine Schismatis ullius Notâ without the brand or charge of Schism which is the only thing contended for CHAP. XV. The Argument from Infallibility Considered in its Consequence retorted THe two last Arguments for proof of the Pope's Authority are general and not limited to the Church of England as the three former were and are his Infallibility and his Vniversal Pastorship which remain to be examined From his Infallibility it may be argued thus Arg. Whether the Pope were the means of our Conversion or have a Patriarchal Right over us or have had possession of the Government of the English Church heretofore or not if he be really and absolutely Infallible he hath thereby a right to govern us and we are bound to be ruled and directed by him but the Pope is really and absolutely Infallible Ergo. The Consequence would tempt a denial indeed Consequence Infallibility is an excellent qualification for an Vniversal Rector but are not qualification and Commission two things hath God given Authority to every man equal to his Parts to his Natural acquired or infused abilities if not what necessity is there that he hath to the Pope if all Power as well as all Wisdom is from God the prime fountain of them both and if we pretend to both need we evidence only one Indeed we ought to be guided by one that is Infallible if such a one there be but the Necessity ariseth from Prudence not immediatly from Conscience Unless by some other way of Authority God hath given him power to govern us as well as ability otherwise
not many of your selves ashamed and weary of it do not some of you deny it and set up Tradition in stead of it was not the Apostle too blame to say there must be Heresies or Divisions among you and not to tell them there must be an Infallible Judge among you and no Heresies but now men are wiser and of another mind To conclude whether we regard the Truth or Vnity of the Church both Reason and Sence assures us that this Infallibility signifies nothing for as to Truth 't is impossible men should give up their Faith and Conscience and inward apprehension of things to the Sentence of any one man or all the men in the World against their own Reason and for Vnity there is no colour or shadow of pretence against it but that the Authority of Ecclesiastical Government can preserve it as well without as with Infallibility But if there be any Sence in the Argument methinks 't is better thus the Head and Governour of the Christian Church must of necessity be Infallible but the Pope is not Infallible either by Scripture Tradition or Reason therefore the Pope is not the Head and Governour of the Christian Church CHAP. XVIII Of the Pope's Universal Pastorship its Right divine or humane this Civil or Ecclesiastical all examined Constantine King John Justinian Phocas WE have found some flaws in the pretended Title of the Pope as our Converter Patriarch Possessor and as the Subject of Infallibility his last and greatest Argument is his Vniversal Pastorship and indeed if it be proved that he is the Pastor of the whole Church of Christ on Earth he is ours also and we cannot withdraw our obedience from him without the guilt of that which is charged upon us viz. Schism if his Commands be justifiable but if the proof of this fail also we are acquitted This Right of the Pope's Universal Pastorship is divine or humane if at all both are pretended and are to be examined The Bishop of Calcedon is very indifferent and reasonable as to the Original if the Right be granted 't is not de fide to believe whether it come from God or no. If the Pope be Universal Pastor Jure humano only his Title is either from Civil or from Ecclesiastical Power and least we should err Fundamentally we shall consider the pretenses from both If it be said that the Civil Power hath conferred this honour upon the Pope may it not be questioned whether the Civil Powers of the World extend so far as either to dispose of the Government of the Church or to subject all the Churches under one Pastor However de facto when was this done when did the Kings of England in Conjunction with the Rulers of the whole World make such a Grant to the Pope I think the World hath been ashamed of the Const donat Donation of Constantine long agon yet that no shadow may remain unscattered we shall briefly take an account of it They say Constantine the third day after he was baptized left all the West part of the Empire to Pope Sylvester and went himself to dwell at Constantinople and gave the whole Imperial and Civil Dominion of Rome and all the Western Kingdoms to the Pope and his Successors for ever A large Boon indeed this looks as if it was intended that the Pope should be an Emperor but who makes him Vniversal Pastor and who ever since hath bequeathed the Eastern World to him either as Pastor or Emperor for it should seem that part Constantine then kept for himself But Mr. Harding throws off all these little Cavils and with sufficient Evidence out of Math. Hieromonachus a Greek Author shews the very Words of the Decree which carry it for the Pope as well in Ecclesiastical as Civil Advantages they are these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. We decree and give in charge to all Lords and to the Senate of our Empire that the Bishop of Rome and Successor of Saint Peter chief of the Apostles have Authority and Power in all the World greater than that of the Empire that he have more honour than the Emperor and that he be Head of the four Patriarchal Seats and that matters of Faith be by him determined this is the Charter whereby some think the Pope hath Power saith De potest Pap. c. 19. Harveus as Lord of the whole World to set up and pull down Kings 'T is confessed this Grant is not pleaded lately with any Confidence Indeed Bishop Jewel did check it early when he shewed Harding the wisest and best among the Papists have openly disproved it such as Platina Cusanus Petavius Laurent Valla Antoninus Florentinus and a great many more Cardinal Cusanus hath these words Donationem Constantini dilligenter expendens c. Carefully weighing this Grant of Constantine even Conc. Cath. lib. 3. c. 2. in the very penning thereof I find manifest Arguments of Forgery and Falshood 'T is not found in the Register of Gratian that is in the allowed Original Text though it be indeed in the Palea of some Books yet that Palea is not read in the Schools and of it Pope Pius himself said dicta Palea Constantinus Pius 2. dial falsa est and inveighs against the Canonists that dispute an valuerit id quod nunquam fuit and those that speak most favourably of it confess that it is as true that Vox Angelorum Audita est that at the same time the voice of Angels was heard in the Air saying hodie venenum effusum est in Ecclesiam Much more to the discountenance of this P. 537 538. 539. vain Story you have in Bishop Jewel's Defence which to my observation was never since answered to him therefore I refer my Reader But alas if Constantine had made such a Grant Pope Pipus tells us it was a question among the very Canonists an valuerit and the whole World besides must judge the Grant void in it self especially after Constantine's time Had Satan's Grant been good to our Saviour if he had faln down and worshipped him no more had Constantine's pardon the comparison for in other things he shewed great and worthy zeal for the flourishing Grandeur of the Church of Christ though by this he had as was said given nothing but poyson to it for the Empire of the World and the Vniversal Pastorship of the Church was not Constantine's to give to the Pope and his Successors for ever Arg. 2 King John But it is urged nearer home that King John delivered up his Crown to the Pope and received it again as his Gift 'T is true but this Act of present fear could not be construed a Grant of Right to the Pope if King John gave away any thing it was neither the Power of making Laws for England nor the exercise of any Jurisdiction in England that he had not before for he only acknowledged unworthily the Pope's Power but pretended not to give him such Power to
confer the Crown for ever much less to make him Supreme Disposer of our English Church But if our Constitution be considered how inconsiderable an Argument is this our Kings cannot give away the Power of the Crown during their own times without an Act of Parliament the King and Parliament together cannot dispose of any thing inherent to the Crown of England without a Power of Resumption or to the prejudice of Succeeding Kings besides no King of England ever did not King John himself either with or without his Parliament by any Solemn Publick Act transfer the Government of this Church to the Bishop of Rome or so much as Recognize it to be in Him before Henry the Eighth and what John did Harpf. ad 5. Re. 14. c. 5. was protested against by the Three States then in Parliament And although Queen Mary since made a higher acknowledgment of his Holiness than ever we read was done here before yet 't is evident she gave him rather the Complement of the Title of that uncertain Word Supreme Head than any real Power as we observed before and yet her New Act to that purpose was endured to remain in force but a very short time about four or five years But although neither Constantine for the Justinian whole World nor King John for England did or could devise the Supremacy to the Pope 't is confessed the Emperor Justinian endeavoured somewhat that look'd like it Justinian was a great friend of the Roman Bishop Cod. inter Claras he saith Properamus honorem authoritatem crescere sedis vestrae we labour to subject and unite all the Eastern Priests to the See of your Holiness But this is a plain demonstration that the See of Rome did not extend to the East near six hundred years after Christ otherwise that would have been no addition of honour or Authority to it neither would Justinian have endeavoured what was done before as it doth not appear that he afterwards effected it Therefore the Title that he then gave the Pope of the Chief and Head of all the Churches must carry a qualified sence and was only a Title of honour befitting the Bishop of the Chief and most eminent Church as the Roman Church then was and indeed Justinian was a Courtier and stiles the Bishop of Contantinople universal Patriarch too or at most can only signifie that his intentions were to raise the Pope to the chief Power over the whole Church which as was said before he had not yet obtained This is all that can be inferred if these Epistles betwixt the Emperor and the Pope be not forged as Learned Papists suspect because in Greg. Holiand Azo the eldest and allowed Books they are not to be found However if Justinian did design any thing in favour of the Pope it was only the subjecting of the Clergy to him as an Ecclesiastical Ruler and yet that no farther than might well enough consist with the Supremacy of the Empire in causes Ecclesiastical as well as Civil which memento spoils all the argument For we find the same Justinian under this imperial stile We command the most holy Arch-Bishops and Patriarchs of Rome Constantinople Alexandria Antioch and Hierusalem Authent Colla 1. We find him making Laws upon Monks Priests Bishops and all kind of Churchmen to inforce them to their duty We find him putting forth his Power and Authority for the sanction of the Canons of Councils and making them to have the force of Laws We find him punishing the Clergy and the Popes themselves yea 't is well known and confessed by Romanists that he deprived two Popes Sylverius and Vigilius Indeed Mr. Harding saith that was done by Theodora the Empress but it is otherwise recorded in their own Pontifical the Emperor demanded of Belsarius what he had done with the Romans and how he had deposed Sylverius and placed Vigilius in his stead Upon Conc. To. 2. in v. Vigil his answer both the Emperor and Empress gave him thanks Now it is a Rule in Law Rati habito retrotrabitur mandato comparatur Zaberel declares it to be Law that the Pope De Schis Conci in any notorious crime may be accused before the Emperor and the Emperor may require of the Pope an account of his Faith And the Emperor ought to proceed saith Harvy against De Potes Pap. c. 13. the Pope upon the request of the Cardinals And it was the judgment of the same Justinian himself that there is no kind of thing but Con. Const 5. Act. 1. it may be thorowly examined by the Emperor For he hath a principality from God over all men the Clergy as well as Laity But his erecting of Justiniana prima and giving the Bishop Locum Apostolicae sedis to which all the Provinces should make their last Appeal Gothop Nov. 13. c. 3. Nov. 11. whereby as Nicephorus affirms the Emperor made it a free City a Head to it self with full power independant from all others And as it is in the imperial constitutions the Primate thereof should have all power of Ecclesiastical Jurisdiction the Supreme Priesthood Supreme Honour and Dignity This is such an instance both of Justinian's Judgment and Power contrary to the Popes pretensions of Supremacy as granted or acknowledged by the Emperor Justinian that all other Arguments of it are ex abundanti and there is no great need of subjoyning that other great and like instance of his restoring Carthage to its primacy after the Vandals were driven out and annexing two new Provinces that were not so before to its jurisdiction without the proviso of submitting it self to Rome though before Carthage had ever refused to do it Phocas the Emperor and Pope Boniface no doubt understood one another and were well enough agreed upon the point But we shall never yield that these two did legally represent the Church and the World or that the grant of the one and the greedy acceptance on the other part could bind all Christians and all mankind in subjection to his Holiness's Chair for ever Valentinian said all Antiquity hath given the principality of Priesthood to the Bishop of Rome But no Antiquity ever gave him a principality of Power no doubt he as well as the other Emperors kept the Political Supremacy in his own hands Charles the Great might complement Adrian and call him universal Pope and say he gave St. Wilehade a Bishoprick at his command But he kept the power of convocating Synods every year and sate in them as a Judge himself Auditor arbiter adfui he made Ecclesiastical Decrees in his own Name to whom this very Pope acquitted all claim in the Election of succeeding Popes for ever A great deal more in answer to both these you have in Arch-Bishop Bramhall p. 235 236. and King James's defence p. 50. c. CHAP. XIX The Popes pretended Ecclesiastical Right Not by General Councils 8 First To which Sworn Justi Sanction
Canons We conclude that this Bar against the Popes universal Pastorship will never be removed These are the four first general Councils honoured by Justinian as the four Gospels to which he gave the Title and force of Laws By which all Popes are bound by solemn Oath to Rule the Church Yet we find not one word in any of them for the Popes pretended universal Pastorship Yea in every one of them we have found so much and so directly against it that as they give him no power to govern the whole Church so by swearing to observe them in such government as the Canons deny him he swears to a contradiction as well as to the ruine of his own pretensions We conclude from the premises that now Argument seeing all future Councils seem to build upon the Nicene Canons as that upon the Apostles if the Canons of Nice do indeed limit the power of the Bishop of Rome or suppose it to have limits if his cause be tried by the Councils it must needs he desperate Now if those Canons suppose bounds to belong Minor to every Patriarchate they suppose the like to Rome But 't is plain that the bounds are given by those Canons to the Bishop of Alexandria and the reason is because this is also customary to the Bishop of Rome Now 't is not reasonable to say Alexandria must have limits because Rome hath if Rome have no limits Pope Nicolas himself so understood it whatever I. E. Pis 8. S. W. did Nicena c. the Nicene Synod saith he conferred no increase on Rome but rather took from Rome an example particularly what to give to the Church of Alexandria Whence Dr. Hammond strongly concludes that if at the making of the Nicene Canons Rome had bounds it must needs follow by the Ephesine Canon that those bounds must be at all times observed in contradiction to the universal Pastorship of that See The matter is ended if we compare the other Latin Version of the Nicene Canon with the Canon as before noted Antiqui moris est ut Vrbis Romae Episcopus habeat principatum ut suburbicana loca omnem provinciam suâ sollicitudine gubernet qâ—e vero apud Aegyptum sunt Alexandrinae Episcopus omnem habeat sollicitudinem Similiter autem circa Antiochiam in caeteris Provinciis privilegia propria serventur Metropolitanis Ecclesiis Whence it is evident that the Bishop of Rome then had a distinct Patriarchate as the rest had and that whatever Primacy might be allowed him beyond his Province it could not have any real power over the other Provinces of Alexandria c. And 't is against the plain sence of the Rule that the Antiquus mos should signifie the custom of the Bishop of Rome's permission of Government to the other Patriarchs as Bellarmine feigneth This Edition we have in Christopher Justellus's Library rhe Canon is in Voel Biblioth Jur. Cano. Tom. 1. p. 284. SECT VI. Concil Constant 2. The Fifth General Conc. of 165 Bishops An. 553. BAronius and Binius both affirm that this was Bar. an 553. nu 224. Bin. To. 2. Not. in con Const 5. a general Council and so approved by all Popes Predecessors and Successors of St. Gregory and St. Gregory himself The cause was Pope Agapetus had condemned Anthinius the matter was afterwards ventilated in the Council Now where was the Popes Supremacy we shall see immediately After Agapetus succeeded Vigilius When the Council condemned the Tria Capitula Pope Vigilius would defend them but how did he carry it in Faith or Fact Did the Council submit to his Judgment or Authority No such thing But quite contrary the Council condemned the tria capitula and ended The Pope for not consenting but opposing the Council is banished by the Emperor Justinian Then Vigilius submits and confirms the Sentence of the Council and so is released from Banishment This is enough out of both * Ibid. N 223. Baronius and Binius The Sum is we condemn say they as is expressed in the very Text all that have defended the Tria Capitula but Vigilius say the Historians defended the Tria Capitula therefore was Vigilius the Pope condemned by this Council such Authority they gave him SECT VII Concil Constant of 289 Bishops 6 General An. 681 vel 685. Concil Nic. 7 General of 350 Bishops An. 781. BEllarmine acknowledgeth these to be sixth and seventh general Councils and both these he acknowledgeth did condemn Pope Honorius for an Heretick lib. 4. de Pont. C. 11. For Bellarmine to urge that these Councils were deceived in their Judgment touching his opinion is not to the point we are not disputing now whether a Pope may be a Heretick in a private or publick Capacity in which the Councils now condemned him though he seems to be a bold man to prefer his own bare conjecture a thousand years after about a matter of Fact before the judgment of two general Councils consisting of 659 Bishops when the cause was fresh Witnesses living and all circumstances visibly before their eyes But our question is whether these Councils did either give to the Pope as such or acknowledged in him an uncontroulable Authority over the whole Church The Answer is short they took that power to themselves and condemned the Pope for Heresie as they also did Sergins of Constantinople SECT VIII Concil Gen. 8. Constant 383 Bishops An. 870. Conclusions from them all HOw did this eighth general Council recognize Tom. 3. p. 149. the Popes Supremacy Binius himself tells us this Council condemned a custom of the Sabbath-Fast in Lent and the practice of it in the Church of Rome and the word is We will that the Canon be observed in the Church of Rome inconfuse vires habet 'T is boldly determined against the Mother Church Rome concerned reproved commanded Where is the Authority of the Bishop of Rome Rome would be even with this Council and therefore saith Surius she receives not this 55 Canon Tom. 2. in conc Const 6. p. 1048. ad Can. 65 in Not. Bin. But why must this Canon only be rejected Oh! 't is not to be endured that 's all the reason we can have But was not this a general Council Is it not one of the eight sworn to by every Pope Is not this Canon of the same Authority as of the Council with all the rest Or is it tolerable to say 't is not Authentick because the Pope doth not receive it and he doth not receive it because it is against himself Quia Matrem Ecclesiarum omnium Rom. Ecclesiam reprehendit non recipitur saith Surius ibid. These are the eight first general Councils allowed by the Roman Church at this day What little exceptions they would defend their Supremacy with against all that hath appeared are answered in the Post script at the latter end of the book whither I refer my Readers for fuller satisfaction In the mean time we cannot but conclude Conclus 7
Infer 1. That the Fathers during eight hundred and seventy years after Christ knew no such thing as the Popes Supremacy by divine Right or any right at all seeing they opposed it 2. That they did not believe the Infallibility of the Church of Rome 3. That they had no Tradition of either that Supremacy or Infallibility 4. That 't is vain to plead Antiquity in the Fathers or Councils or Primitive Church for either 5. That the Judgment of those 8 general Councils was at least the Judgment and Faith not only during their own times but till the contrary should be decreed by a following Council of as great Authority and how long that was after I leave to themselves to answer 6. That the Canons of those 8 first general Councils being the sence both of the ancient and the professed Faith of the present Church of Rome the Popes Authority stands condemned by the Catholick Church at this day by the ancient Church and the present Church of Rome her self as she holds Communion at least in profession with the Ancient 7. That this was the Faith of the Catholick Church in opposition to the pretended Supremacy of the Pope long after the eight first General Councils is evident by the plain Sence of it in the said Point declared by several Councils in the Ages following as appears both in the Greek and Latin Church a word of both SECT IX The Latin Church Constance Basil Councils c. THe Council of Constance in Germany long after of almost a thousand Fathers An. 1415 Say they were inspired by the Holy Ghost and a General Council representing the whole Church and having immediate power from Christ whereunto obedience is due from all Persons both for Faith and Reformation whether in the Head or Members this was expresly confirmed by Pope Martin to be held inviolable in Matters of Faith vid. Surium Concil Const 99. 4. Tom. 3. Conc. Their great Reason was the Pope is not Head of the Church by Divine Ordinance as the Council of Calcedon said a thousand years before Now where was necessary Union and Subjection to the Pope where was his Supremacy Jure divino where was Tradition Infallibility or the Faith of the present Church for the Pope's Authority Concil Basil Bin. To. 4. in Conc. Basil initio The Council of Basil An. 1431. decreed as the Council of Constance Pope Eugenius would dissolve them the Council commands the contrary and suspend the Pope concluding that who ever shall question their power therein is an Heretick the Pope pronounceth them Schismaticks in the end the Pope did yield and not dissolve the Council this was the Judgment of the Latine Church above 1400 years after Christ and indeed to this day of the true Church of France and in Henry the Eighth's time of England as Gardner said the Pope is not a Head by Dominion but Order his Authority is none with us we ought not to have to doe with Rome the Common Sence of all in England Bellarmine saith that the Pope's Subjection to De Conc. li. 2. c. 14. General Councils is inconsistent with the Supreme Pastorship 't is Repugnant to the Primacy of Saint Peter saith Gregory de Valentiâ yet nothing Anal. fid l. 8. c. 14. is more evident than that General Councils did exercise Authority over Popes deposing them and disposing of their Sees as the Council of Constance did three together and always made Canons in opposition to their Pretensions Yea 't is certain that a very great Number if not the greater of the Roman Church it self were ever of this Faith that General Vid. Dr. Hammond's dispute p. 102. Councils are Superior have Authority over give Laws unto and may justly censure the Bishop of Rome Pope Adrian the Sixth and very many other Learned Romanists declared this to be their Judgment just before or near upon the time that Henry the Eighth was declared Supreme in England So much for the Latine Church SECT X. The Greek Church African Can. Synod Carth. Cancil Antiochen The Faith of the Greek Church since THat the Greek Church understood the first General Councils directly contrary to the Pope's Supremacy is written with a Sun-beam in several other Councils 1. By the Canons of the African Church The 27th Canon forbids all Transmarine Appeals Can. 27. threatens such as make them with Excommunication makes order that the last Appeal be to the proper Primate or a General Council to the same effect is the 137 Canon and the Notes of Voel upon these Canons put it beyond question that in the Transmarine Appeals Tom. 1. p. 425. they meant those to Rome as it is expressed the Church of Rome and the Priests of the Roman Church 2. Const Concil Antiochen This Council is more plain it saith if any Bishop in any Crime be judged by all the Bishops in the Province he shall be judged in no wise by any Other the Sentence given by the Provincial Bishops shall remain firm Thus the Pope is excluded even in the case of Bishops out of his own Province contrary to the great pretence of Bellarmine ibid. 3. Syn. Carthag This Synod confirmed the twenty Canons of Nice and the Canons of the African Councils and then in particular they decreed ab Vniversis Can. 4. Si Criminosus est non admittatur again 8. if any one whether Bishop or Presbiter that is driven from the Church be received into Communion by another even he that receives him is held guilty of the like Crime Refugientes sui Episcopi regulare Judicium Again if a Bishop be guilty when there is no Synod let him be judged by twelve Bishops Secundum Statuta Veterum Conciliorum the Statutes of the Ancients knew no reserve for the Pope in that Case Further no Clergy-man might go beyond the Seas viz. to Rome without the Advice of his Metropolitan and taking his Formatam vel Commendationem The 28 Canon is positive that Priests and Deacons shall not Appeal ad Transmarina Judicia viz. to Rome but to the Primates of their own Provinces and they add Sicut de Episcopis saepê constitutum est and if any shall do so none in Africa shall receive them and Can. 125. 't is renewed adding the African Councils to which Appeals are allowed as well as to the Primates but still Rome is Barr'd The Sence of the Greek Church since Now when did that Church subject it self to Rome in any Case our Adversaries acknowledge the early contests betwixt the Eastern and Western Churches in the point of Supremacy where then is the Consent of Fathers or Vniversality of time and place they use to boast of Bellarmine confesseth that An. 381. to the time of the Council of Florence viz. 1140 years the Greek Church disclaimed subjection to the Pope and Church of Rome and he confesseth they did so in several general Councils And he doth but pretend that this Church submitted it self to Rome
in the Council of Florence An. 1549. for the contrary is evident in that they would not yield that the Pope should choose them a Patriarch as Surius himself observes Tom. 4. p. 489. So true is it that Maldonate and Prateolus Mald. in Math. 10. 2. Prate in Haer. Tit. Grae. Vid. St. Aug. To. 2. Epist 162. acknowledge and Record the Greek Church always disliked the Supreme Dignity of the Pope and would never obey his Decrees To conclude the Law of the Greeks hath always been against the Pope's Supremacy the Fundamental Law was a prohibition of Appeals to Rome therefore that Church acknowledged no absolute Subjection to Rome 2. They excommunicate all African Priests Appealing to Rome therefore they held no necessity of Vnion with Rome 3. They excommunicate all such qui putaverint as should but think it lawful to Appeal to Rome therefore they had no Faith of the necessity of either Vnion or Subjection to the Church of Rome Enough to the Pope's prejudice from the Councils of all sorts we must in the foot of the account mind our Adversaries that we have found no colour for the pretence of a Grant from any one General Council of the Pope's Authority much less over the Church of England which their Plea from the Canons expresly requires at their hand For my Lord Bramhall with invincible Reason affirms We were once a free Patriarchate Independent on any other and according to the Council of Ephesus every Province should enjoy its Ancient Rights pure and inviolate and that no Bishop should occupy any Province which did not belong to him from the beginning and if no true General Council hath ever since Subjected Brittain under the Roman Court then saith he the case is clear that Rome can pretend no Right over Brittain without their own consent nor any further nor for any longer time then they are pleased to oblige themselves We must expect therefore some better Evidence of such Grant to the Pope and such Obligation upon England by the Canons of some truly General Council and we may still expect it notwithstanding the Canons of Sardice which yet shall be considered for it is their faint colour of Antiquity SECT XI The Sardican Canons NO Grant from the Matter manner or Authority No Appendix to Council of Nice Zozimus his Forgery never Ratified nor thought Universal after contradicted by Councils THe Pope at length usurped the Title and pretended the Power of Supreme and the Canons in time obtained the Name of the Pope's Decrees but the question is what General Council gave him either Doctor Stillingfleet observes that nothing is more apparent than that when Popes began to pirk up they pleaded nothing but some Canons of the Church for what they did then their best and only Plea when nothing of Divine Right was heard of as Julius to the oriental Bishops Zozimus to the African and so others but still what Canons The Romanist against Arch-Bishop Laud argues Arg. p. 193. thus it was ever held lawful to Appeal to Rome from all Parts therefore the Pope must be Supreme Judge this saith he is evidenced by the Sardican Canons accounted anciently an Appendix to the Council of Nice this he calls an unanswerable Argument But it is more than answered if we consider Answ either the Matter or the Manner or the Authority of these Canons 1. The Matter said to be granted appears 1. For the matter of these Canons in the words themselves Can. 3. it is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if it seem good to you let us honour the Memory of Saint Peter and by those Bishops that are Judges Scribatur Julio Romanorum Episcopo and by the next Bishops of the Province if need be let the Judgment be revoked cognitores ipse praebeat But 1. here is no Grant so much as of Appeal only of a Review 2 'T is not pretended to be according to any former Canons 3. The Judgment is to be revoked by a Council of Bishops chosen for the purpose 4. The request seems to terminate in the Person of Julius and not to extend to his Successors for else why should it be said to Julius Bishop of Rome and not to the Bishop of Rome absolutely 2. The Manner of the Motion spoils all if Manner it please you did the Vniversal Pastorship then lie at the feet or depend upon the pleasure of this Council did no Canons evidence the Pope's Power and Right till then eleven years after the death of Constantine besides how unworthily was is said let us honour the Memory of Saint Peter did the Pope's Succession of Saint Peter depend upon their pleasure too 3. But lastly the main exception is against the Authority of this Council or at least of Authority this Canon as Cusanus questions Concord Cathol lib. 2. c. 15. 1. 'T is certain they are no Appendix to the No Appendix to Nice Can. Council of Nice wherein their strength is pretended to consist though Zozimus fraudulently sent them under that Name to the African Bishops which can never be excused for they are now know to have been made twenty two years after that Council Upon that pretence of Zozimus indeed a Zozimus's Forgery Temporary Order was made in the Council of Africk that Appeals might be made to the Pope till the true Canons of Nice were produced which afterwards being done the Argument was spoiled and that Pope if possible was put to shame hereupon that excellent Epistle was written to Pope Caelestine of which you had account before 2. This Council was never ratified by the Reception Not received of the Catholick Church for the Canons of it were not known by the African Bishops when Zozimus sent them and Saint Augustine discredits them saying they were made by a Synod of Arrians 3. It is evident that this Council was never Or thought Universal accounted truly Vniversal though Constance and Constantius intended it should be so for but seventy of Eastern Bishops appeared to three hundred of the Western and those Eastern Bishops soon withdrew from the other and decreed things directly contrary to them So that Balsomon and Zonarus as well as the Elder Greeks say it can only bind the Western Churches and indeed it was a long time before the Canons of it were received in the Western Church which is the supposed reason why Zozimus sent them as the Nicen and not as the Sardican Canons 4. After the Eastern Bishops were departed there were not Patriarchs enough to make a General Council according to Bellermine's De Conc. L. ◠c. 17. own Rule Consequently Venerable Bede leaves it out of the Number the Eastern Churches do not reckon it among their Seven nor the Western among their Eight first General Councils The English Church in their Synod at He difield An. 680. left it out of their Number and embrace only the Council of Nice the first of Constantinople the first of
Ephesus the first and second of Calcedon to this day Therefore Arch-Bishop Bramhall had reason to say that this Council was never incorporated into the English Laws and consequently hath no force in England especially being urged in a matter contrary to the Famous Memorial of Clarendon a Fundamental Law of this Land all Appeals in England must proceed regularly from the Bishop to the Arch-Bishop and from him to the King to give order for Redress But to wipe away all colour of Argument what ever Authority these Canons may be thought to have in other matters 't is certain they have none in this matter of Appeals for as to this Point the undoubted General Councils afterward decreed quite otherwise reducing and limiting Appeals ultimately to the Primate of the Province or a Council as hath been made to appear When I heare any thing of moment urged from any other Council as a Grant of the pretended Supremacy to the Pope I shall consider what may be answered till then I think there is an end of his Claim Jure humano either by a Civil or Canonical Grant by Emperors or General Councils So much hath been said against and so little to purpose for the Council of Trent that I shall excuse my self and my Reader from any trouble about it But I must conclude that the Canons of the Council of Trent were never acknowledged or received Epist Synod Conc. Basil by the Kingdom of England as the Council of Basil was which confirmed the Acts of the Council of Constance which Council of Constance without the presence or concurrence of the Pope did decree themselves to be a lawful complete general Council Superior to the Pope and that he was subject to their censures and deposed three Popes at a time The words of the Council are remarkable The Pope is subject to a general Council as well in matters of Faith as of manners so as he may not only be corrected but if he be incorrigible be deposed To say this Decree was not conciliarly made and consequently not confirmed by Pope Martin the fifth signifies nothing if that Martin were Pope because his Title to the Papacy depended merely upon the Authority of that Decree But indeed the word Conciliariter was spoken by the Pope upon a particular occasion after the Council was ended and the Fathers were dismissed as appears in the History CHAP. XX. Of the Popes Title by Divine Right The Question Why not sooner 'T is last Refuge THe modern Champions of the Church of Rome sleight all that hath been said and judge it beneath their Master and his Cause to plead any thing but a Jus divinum for his pretended Supremacy and indeed will hardly endure and tolerate the question Whether the Pope be universal Monarch or Bishop of the whole Church as St Peter's Successor Jure divino But if this point be so very plain may I have leave to ask why was it not urged sooner why were lesser inconsistent Pleas so long insisted on why do not many of their own great men discern it to this day The truth is if the managery of the Combat all along be seriously reflected on this Plea of divine Right seems to be the last Refuge when they have been driven by Dint of Argument out of all other Holds as no longer to be defended And yet give me leave to observe that this last ground of theirs seems to me to be the weakest and the least able to secure them which looks like an Argument of a sinking cause However they mightily labour to support it by these two Pillars 1. That the government of the whole Church is Monarchical 2. That the Pope is the Monarch and both these are Jure divino But these Pillars also must be supported and how that is performed we shall examine SECT I. Whether the Government of the whole Church be Monarchical by Divine Right Bellar. Reason Scripture BEllarmine hath flourished with this argument through no less than eight whole Chapters and indeed hath industriously and learnedly beaten it as far as it would go and no wonder if he have left it thin What solidity is in it we are to weigh both from Reason and Scripture Not from Reason in 3 Arg. From Reason they argue thus God hath appointed Arg. 1 the best and most profitable Government for he is most wise and good but Monarchical Government is the best and most profitable 'T is plainly answered that to know which is Ans the best Government the state of that which is to be governed must be considered the end of Government being the profit and good of the State governed so that unless it appear that this kind of Government be the most convenient for the State of the Church nothing is concluded 2. We believe that God hath the care of the World and not only of the Church therefore in his wise and good Providence he ought to have settled the World under the best and most profitable Government viz. under one universal Monarch 3. Bellarmine himself grants that if particular Churches should not be gathered inter se so as to make one visible Political Body their own proper Rector would suffice for every one and there should be no need of one Monarch But all particular Churches are not one visible political Body but as particular Bodies are complete in themselves enjoying all parts of ordinary Worship and Government singly neither is there any part of Worship or Government proper to the Oecumenical Church qua talis 4. The Argument seems stronger the contrary way God is good and wise and hath appointed the best Government for his own Church but he hath not appointed that it should be Monarchical Therefore that kind of Government seems not to be the best for his Church Christ might foresee the great inconveniences of his Churches being governed by one Ecclesiastical Monarch when divided under the several secular Powers of the World though the Ambition of men overlook it and consider it not Yet that the Government of the Church appointed by God as best for it is Monarchical is not believed by all Catholicks The Sorbon Doctors doubt not to affirm that Aristocratical Government is the best of all and most agreeable to the nature of the Church De Eccl. Polit. potest an 1611. 6. But what if we yeild the whole Argument as the government of the Church is Imperial 't is in Christ the Vniversal Monarch over it but he being in a far Country he governs the several parts of his Church in distinct Countries by visible ministerial Monarchs or Primates proper to each The distinction of imperial and ministerial Power is given us in this very case by our Adversaries There is nothing unreasonable unpracticable or contrary to the practice of the world in the Assertion We grant that Monarchy is the best kind of Government in a due Sphere the World is wide enough for many Monarchs and the Church too The Argument concludes
Primacy of Presidentship in Assemblies as the Mouth and Moderator or the Head of Vnity and Order as Jerom means but 't is not to be proved from any or all of these Encomiums that the Fathers believed that the other Apostles were under Saint Peter as their Governour or that he had any real Power given him by Christ more than they The Words of Saint Cyprian are plain and full albeit Christ saith he gave equal Power to 1. St. Cyp. de Unit. Eccl. all the Apostles after his Resurrection and said as my Father c. yet to declare Vnity he disposed by his Authority the Original of that Vnity beginning in one no doubt saith he the rest were the same that Peter was endued with the like fellowship pari Consortio of Honour and Power but the beginning doth come from Vnity that the Church of Christ may be shewed to be but one Thus this Topick of the Fathers expounding the Text being found to fail another device and such a one as the very detection both answers and shames the Authors is fled unto viz. to corrupt instead of purging the Fathers and to make them speak home indeed The place of Saint Cyprian just now set is a In Opusc Contr. Graec. very clear instance of this black Art allowed by the Popes themselves the place in the former Prints was as it is set down in the Roman-purged Cyprian is thus altered by addition of these words And the Primacy is given to Peter Again he appointed one Church and the Chair to be one and to make all sure the Antwerp Cyprian addeth conveniently Peter's Chair And then saith he who forsaketh Peter's Chair on which the Against Hart. Church was founded c. And by this time Peter's Primacy is the Popes Supremacy Vid. Dr. Rayn p. 210 211. But Tho. Aquinas hath dealt worse with St. Cyril Fathering a Treasure upon him which he never owned beyond all tolerable defence To the Grecians St. Cyril is brought in speaking thus Christ did commit a full and ample power both to Peter and his Successors The Apostles in the Gospels and Epistles have affirmed in every Doctrine Peter and his Church to be instead of God and to him even to Peter all do bow by the Law of God and the Princes of the World are obedient to him even as to the Lord Jesus and we as being Members must cleave unto our Head the Pope and Apostolick See c. Now either St. Cyril said thus or not If he did who will believe him that shall make such Stories and Father them upon every Doctrine in the New Testament contrary to common sence and the knowledge of all or trust his cause to the interpretation of such Fathers But if this Book called St. Cyril's Treasure be none of St. Cyril's as certainly it is not then though I am provoked I shall say no more but that we should weigh the Reasons but not the Authority of such a Schoolman especially in his Masters Cause 'T is certain the words are not to be found in those parts of Cyril's Treasure which are Extant as Hart acknowledgeth to Dr. Raynolds Yet the abuse of single Fathers is not so hainous Ibid. a thing as Thomas committed against 600 Bishops even the General Council of Calcedon when he saith they decreed thus If any Bishop be accused let him appeal freely to the Pope of Rome because we have Peter for a Rock of Refuge and he alone hath Right with freedom of Power in the stead of God to Judge and Try the crime of a Bishop according to the Keys which the Lord did give him calling the Pope the Holy Apostolick and universal Patriarch of the whole World Now in that Council there is not a word of all this and they answer Hereticks have rased it out if you will believe it but neither Surius nor Caranza find any thing wanting I shall only make this Note that seeing the Fathers have been so long in the hands of those men that stick at nothing that may advance the Power of their Master 'T is no wonder that their learned Adversaries are unwilling to trust their cause with such Judges but rather appeal to the true Canon and call for Scripture One would think this were enough but this Opinion of the equality of Power among the Apostles was not only the concurrent Judgment of the Ancients but even of learned later men in the Church of Rome even from these words Tues Petrus c. upon unanswerable Reason Lyra on Matth. 16. Durand a St. Porciano in 4 Cent. dist 18. q. 2. both in the 14 Cent. and Abulensis in the In Matth. 18. q. 7. In Matth. 20. q. 83 84. 15 Cent. the latter argues earnestly that none of the Apostles did understand those words of Christ to give any Supremacy to Peter for afterwards they contended for Superiority Matth. 18. and after that the two Sons of Zebedee desire it Matth. 20. and at the last Supper the question is put again Luke 22. Therefore he concludes they thought themselves equal till Christs death when they knew not which of them should be greatest Cusanus his contemporary de concord Cath. l. 2. c. 13. and 34. and Fran. Victoria This was the interpretation of all the Doctors of Paris Bin. Conc. an 1549. and of Adulphus Arch-Bishop of Cologne and of the Bishops of his Province the Decrees of whose Synod with this interpretation were ratified in every point by Charles the Fifth and enjoyned to be observed Thus the chief ground of St. Peter's Supremacy is sunk and there is little hopes that any other Text will hold up that weighty super-structure Another Scripture much insisted on for the 3. Joh. 21. 14 c. support of St. Peter's Supremacy is Joh. 21. 14 15 16. Peter lovest thou me feed my Sheep feed my Lambs Wherein is committed to Peter the power of the whole Church 'T is answered this Text gives not any Commission Ans or power to St. Peter it gives him charge and Commandment to execute his Commission received before Now it hath appeared sufficiently that the Commission was given equally to all the Apostles in those words as my Father sent me so send I you c. so that the power of feeding and the Duty of Pastors was alike to them all though this Charge was given to Peter by name here with so many Items perhaps intimating his repeated Prevarications yet were they all sent and all charged with a larger Province than these words to Peter import Teach all Nations Preach the Gospel to every Creature are our Saviours charge to them all In the Apostolick Power all were equal saith Obj. Hart not in the Pastoral Charge We answer with a distinction allowed by Ans Stapleton of the Name Pastor 't is special and distinct from Apostle Some Apostles some Eph. 4. Pastors or general and common to all commission'd to preach the Gospel So Christ is called Pastor and all
the Apostles were Pastors as well as Peter But St. Peter was the Pastor over the rest for Obj. he is charged to feed all the Sheep the whole Church Now the Rest of the Apostles were Christs Sheep and members of his Church Hart and Ray. p 129. Christ saith not to Peter feed all my Sheep Ans but he doth say to them all Preach to every Creature And if Peter have power over the rest because they are Sheep and he is to feed the Sheep then every one of the rest have power over Peter because he is a Creature and they are to preach to every Creature But this is trifling so is all that is further argued from this Text though by Feeding we understand Ruling Ruling of Pastors or what you will while whatsoever was charged on Peter here is within the same Commission wherein Peter and all the rest of the Apostles are equally impowered as before and that of Bellarmine that Peter was to feed the Sheep as ordinary Pastor the Apostles as extraordinary Embassadors is altogether as groundless as if there were any colour of Reason that an ordinary Pastor should have more power than an extraordinary Embassador Dr. Hammond observes Bellarmine was not 13 Oct. 1562. the Author of that Artifice Cajetan and Victoria had used it before him and obtained it the honour of coming into the Council of Trent where the Bishop of Granada derided it and the Authors of it and soon after the Bishop of Paris expresly affirmed that Cajetan was about 50 years before the first deviser of it The Bishop of Granada confutes it by Scripture as understood by all the Fathers and Schoolmen as he affirmed Concord Cathol l. 1. c. 11. To conclude this matter Feed my Sheep are not a ground for the Popes Presidency which are found not to be so of Peter's above the body of the Universal Church as was publickly pronounced in the Covent of the Fryers Minors and appears by the Opusc of John Patriarch of Antioch And Cardinal Cusanus who lived at the same De Conc. Cath. l. 2. c. 23. time makes them words of Precept not of Institution and both are agreeable to the interpretation of the Ancients St. Ambrose de dign Sacerd. c. 2. Aug. de Ago Christiano c. 30. Theoph. in Joh. c. 21 c. It is time to look further The third great Luk. 22. 31 place of Argument is Luk. 22. 31. Thou being converted strengthen thy Brethren Whence Hart reasons thus Christ commands Peter to strengthen Rayn and Hart. p. 142. his Brethren and his Brethren were the Apostles Therefore he was to strengthen the Apostles and by consequence he must be their Supreme Head When Hart urged this Argument with all Ans his wit and might and Dr. Raynolds had made it evident there is no Authority given by the words nor carried in the word Strengthen that Equals and Inferiors are capable of it as well as Superiors much less can it necessarily imply a Supremacy over the whole Church he confesseth with Stapleton that Christ gave the Power to Peter after his Resurrection when he said to him Feed my Lambs which we have weighed before but those words of strengthning c. he spake before his death and did but futuram insinuaverat insinuate therein and as Harts word is that he would make him Supreme Head then if he did not make him so afterward he did it not at all That Peter had power over the rest of the 4 Scrip. Apostles would be proved as before from the Promise and Commission of Christ so at last by Act. 1. 25. Peter's Execution he proposed the Election of a new Apostle in the Room of Judas Therefore he was Speaker at least pro tempore Ans in the Assembly but not a Prince or Supreme Monarch But St. Chrysostom saith that though Peter's Obj. modesty was commendable for doing all things In Matth. 40. 51. by common advice and consent and nothing by his own Authority yet addeth that no doubt it was lawful for Peter to have chosen Matthias himself Yet the same Father calls this Seat given him Ans In Matth. Hom. 15. by the rest a Primacy not a Supremacy Again he derives this Primacy from the modesty of the Apostles not the donation of Christ as Hart Rayn Hart. p. 156. confesseth But indeed the Father exceeded in his Charity and 't is he that said that Peter might have chosen one himself The Scripture saith not that he might yea it saith he did not And the Argument from Peter's Execution of this power is come to this that he did not execute it Besides many Fathers and in Council too together with St. Cyprian pronounce that Peter proposing the matter to the end it might be carried by common advice and voice did according to the lessons and Precepts of God therefore jure divino they thought Peter had no such power as Dr. Raynolds shews p. 159. But when Peter had been heard all the Multitude 5 Scrip. Act. 15. held their peace and James and all the Elders did agree unto Peter's Sentence What is this to prove his Supremacy because Ans the Council having heard Gamaliel agreed to him was therefore Gamaliel a Pharisee a Doctor of the Law whom all the People honoured Supreme Act. 3. 34. Head and Superior to the High-Priest and Council And if Jerom say Peter was Princeps Decreti he acknowledged perhaps the Reason the Motion and the Delivery or declaration of it principally to Peter the first Author of the Sentence as the same Jerom calls him and explains himself Epist 11. inter Epistol August So was Pro Cor. Balbo Tully called viz. Prince of Decrees when he was neither President nor Prince of the Senate We conclude that Peter had no Superiority of Power or Government over the rest of the Apostles or the whole Church because it neither was promised him nor given him nor Peter added Nihil doctrinae aut potestatis Aquinas Not inferior to the chief Apost 2 Cor. 11. 5. Executed by him notwithstanding Bellarmine's 28 Prerogatives of St. Peter from which I presume none can be so hardy as to venture to argue many of them being uncertain some vain and trifling and some common with the rest of the Apostles but neither divisim or conjunctim sufficient to make or to evince any real Supremacy of power in St. Peter 5. 'T is indeed said by some of the Fathers So Paul judged Chris Hom. 12. 2. 87. that the Government of the World and the care of the whole Church was committed to Peter but it is plain they speak of his Apostleship for they say the same of Paul ille Solusgerebat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Orbis praefectam suscepit and the like of Timothy who was never reputed Vniversal Monarck Paul and Peter had two different Primacies Saint Hom. 1. ad Pop. Orat. 6. Con. Jud. Ambr. had the same Dignity Chrisost were
Primitive Fathers as Bellarmine boasts and that what ever he would have them say they did not believe and therefore not intend to say that the Pope was absolute Monarch of the Catholick Church and consequently that there was no such Tradition in the Primitive Ages either before or during the time of the eight first General Councils is to me a Demonstration evident for these Reasons The eight first General Councils being all Reas 1 Called and Convened by the Authority of Emperors stand upon Record as a notable Monument of the former Ages of the Catholick Church in prejudice to the Papal Monarchy as Saint Peter's Successor in those times the first eight General Councils saith Cusanus were gathered Concord Cathol l. 2. c. 25. by Authority of Emperors and not of Popes insomuch that Pope Leo was glad to entreat the Emperor Theodosius the younger for the gathering of a Council in Italy and non obtinuit could not obtain it Every one of these Councils opposed this pretended Reas 2 Monarchy of the Pope the first by stating the limits of the Roman Diocess as well as other Patriarchates the second by concluding the Roman Primacy not to be grounded upon Divine Authority and setting up a Patriarch of Constantinople against the Pope's Will the third by inhibiting any Bishop whatsoever to ordain Bishops within the Isse of Cyprus the fourth by advancing the Bishop of Constantinople to equal priviledges with the Bishop of Rome notwithstanding the Pope's earnest opposition against it the fifth in condemning the Sentence of Pope Vigilius although very vehement in the cause the sixth and seventh in condemning Pope Honorius of Heresie and the eight and last by imposing a Canon upon the Church of Rome and challenging obedience thereunto This must pass for the unquestionable Sence Reas 3 of the Catholick Church in those Ages viz. for the space of above 540 years together from the first General Council of Nice for our Adversaries themselves stile every one of the General Councils the Catholick Church and what was their Belief was the Faith of the whole Church and what their belief was hath appeared viz. that the Pope had not absolute power over the Church Jure Divino an Opinion abhorred by their contrary Sentences and practises 'T is observed by a Learned man that the Reas 4 Fathers which flourished in all those eight Councils were in Number 2280. how few Friends 2280 Fathers had the Pope left to equal and Countermand them or what Authority had they to do it yea name one eminent Father either Greek or Latin that you count a Friend to the Pope and in those Ages whose name we cannot shew you in one of those Councils if so hear the Church the Judgment of single Fathers is not to be received against their Joint Sentences and Acts in Councils 't is your own Law now where is the Argument for the Pope's Authority from the Fathers they are not to be believ'd against Councils they spake their Sence in this very Point as you have heard in the Councils and in all the Councils rejected and condemned it The belief of these eight General Councils Reas 5 is the professed Faith of the Roman Church Therefore the Roman Church hath been involved Rome's contradiction of Faith and entangled at least ever since the Council of Trent in the Confusion and Contradiction of Faith and that in Points necessary to Salvation For the Roman Church hold it necessary to Salvation to believe all the eight General Councils as the very Faith of the Catholick Church and we have found all these Councils have one way or other declared plainly against the Pope's Bull. Pii 4. Supremacy and yet the same Church holds it necessary to Salvation to believe the contrary by the Council of Trent viz. that the Pope is Supreme Bishop and absolute Monarch of the Catholick Church Some Adversaries would deal more severely Rome's Heresie with the Church of Rome upon this Point and charge her with Heresie in this as well as in many other Articles for there is a Repugnancy in the Roman Faith that seems to inter no less than Heresie one way or other he that believes the Article of the Pope's Supremacy denies in effect the eight first General Councils at least in that Point and that 's Heresie And he that believes the Council of Trent believes the Article of the Pope's Supremacy therefore he that believes the Council of Trent does not believe the eight first General Councils and is guilty of Heresie Again he that believes that the Pope is not Supreme denies the Council of Trent and the Faith of the present Church and that 's Heresie and he that believes the eight first general Councils believes that the Pope is not Supreme therefore he denies the Council of Trent and the Faith of the present Church and is an Heretick with a witness 'T is well if the Argument conclude here c. Infidelity and extend not its Consequence to the charge of Infidelity as well as Heresie upon the present Roman Church seeing this Repugnancy in the Roman Faith seems to destroy it altogether for He that believes the Pope's Supremacy in the Sence of the Modern Church of Rome denies the Faith of the Ancient Church in that point and he that believes it not denies the Faith of the present Church and the present Church of Rome that professeth both believes neither These contrary Faiths put together like two contrary Salts mutually destroy one another He that believes that doth not believe this he that believes this doth not believe that Therefore he that professeth to believe both doth plainly profess he believes neither Load not others with the crimes of Heresie and Infidelity but Pull the beams out of your own eye But the charge falls heavier upon the Head of Popes Schism and Perjury the present Roman Church For not only Heresie and Infidelity but Schism and the foulest that ever the Church groaned under and such as the greatest Wit can hardly distinguish from Apostacy Reas 6 and all aggravated with the horrid crime of direct and self-condemning Perjury fasten themselves to his Holiness's Chair from the very constitution of the Papacy it self For the Pope as such professeth to believe and sweareth to govern the Church according to the Canons of the 8 first general Councils yet openly Greg. 7. Bin. To. 3. p. 1196. Innoc. 3. Bonif. 8. Calechis Ro. Nu. 10 11 and 13. claims and professedly practiseth a Power condemned by them all Thus Quatenus Pope he stands guilty of separation from the Ancient Church and as Head of a new and strange Church draws the Body of his Faction after him into the same Schism in flat contradiction to the essential Profession both of the ancient and present Church of Rome and to that solemn Oath by which also the Pope as Pope binds himself at his Inauguration to maintain and communicate with Hence not only Vsurpation
and Caution in opposition to the force and detection and destruction of the hellish Arts and traiterous designs and attempts of Popery 8. I Conclude that if the precious things already mentioned and many more be in evident danger with the Return of Popery let us again consider our Oaths as well as our Interest and that we have the Bond of God upon our Souls and as the Conquerors words are we are Jurati Fratres we are sworn to God our King and Country to preserve and defend the things so endangered against all foreign Invasion and Usurpation i. e. against Popery Accordingly may our Excellent King and his Councils and Ministers may the Peers of the Realm and the Commons in Parliament may the Nobility and Gentry may the Judges and Lawyers may the Cities and the Country the Church and State and all Ranks and Degrees of Men amongst us may we all under a just Sense both of our Interest and our Oaths may we all as one man with one heart stand up resolved by all means possible to keep out Popery and to subvert all grounds of Fear of its Return upon England for ever Amen Amen Origen Cont. Cels l. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is fit that the Governor of the Church of each City should Correspond to the Governor of those which are in the City Praesumi malam fidem ex Antiquiore Adversarii possessione Leg. Civil Ad transmarina Concilia qui putaverint appellandum a nullo intra Africam in communionem recipiantur Concil Milevitan THE OATHS OF ALLEGIANCE AND SUPREMACY The Oath of ALLEGIANCE I A. B. Do truly and sincerely acknowledge profess testifie and declare in my Conscience before God and the World that our Soveraign Lord King Charles is Lawful and Rightful King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose any of his Majesties Kingdoms or Dominions or to Authorize any Foreign Prince to Invade or Annoy Him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give License or leave to any of them to bear Arms raise Tumults or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and Him and Them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against Him or any of them And I do further swear That I do from my heart abhor detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be Deposed or Murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully Administred unto me and do Renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and Swear according to these express words by me spoken and according to the plain and common sence and understanding of the same words without any Equivocation or mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. The Oath of SUPREMACY I A. B. Do utterly testifie and declare in my Conscience That the Kings Highness is the only Supreme Governor of this Realm and of all other his Highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Jurisdictions Powers Superiorities and Authorities and do promise from henceforth I shall bear Faith and true Allegiance to the Kings Highness his Heirs and lawful Successors and to my Power shall assist and defend all Jurisdictions Priviledges Preeminences and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God◠and by the Contents of this Book THE END A Catalogue of some Books Reprinted and of other New Books Printed since the Fire and sold by R. Royston viz. Books Written by H. Hammond D. D. A Paraphrase and Annotations upon all the Books of the New Testament in Folio Fourth Edition The Works of the said Reverend and Learned Author containing a Collection of Discourses chiefly Practical with many Additions and Corrections from the Author 's own hand together with the Life of the Author enlarged by the Reverend Dr. Fell now Bishop of Oxford In large Fol. Books written by Jer. Taylor D. D. and late Lord Bishop of Down and Connor Ductor Dubitantium or The Rule of Conscience in Five Books in Fol. The Great Exemplar or The Life and Death of the Holy Jesus in Fol. with Figures suitable to every Story ingrav'd in Coper whereunto is added the Lives and Martyrdoms of the Apostles by Will. Cave D. D. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or A Collection of Polemical Discourses addressed against the enemies of the Church of England both Papists and Fanaticks in large Fol. The Third Edition The Rules and Exercises of holy Living and holy Dying The Eleventh Edition newly Printed in Octavo Books written by the Reverend Dr. Patrick The Christian Sacrifice A Treatise shewing the Necessity End and Manner of receiving the Holy Communion together with suitable Prayers and Meditations for every Month in the Year and the principal Festivals in memory of our blessed Saviour in Four Parts The Third Edition corrected The devout Christian instructed how to pray and give thanks to God or a Book of Devotions for Families and particular persons in
bound to issue out the Writ de Excom Cap. and the Sheriff to imprison the party upon a Certificate from the Bishop But I must humbly leave such things to wiser Judges THE CONTENTS OF THE CHAPTERS and SECTIONS CHAP. I. THE general Proposition The Ecclesiastical Jurisdiction as now Exercised in the Church of England is Allow'd and Establish'd by the Laws of the Land Sect. 1. An Account of the Method Page 1. Sect. 2. Mr. Hickeringill ' s Reasoning Noted and Resolv'd p. 2. Sect. 3. The Propositions suggested by M. Hickeringill are these following p. 4. CHAP. II. Our Ecclesiastical Jurisdiction in England was not derived from the Pope but from the Crown before the Reformation by Henry the Eighth p. 5. Proof against this Popish principle Sect. 1. From the root and branches of Ecclesiastical Power Donation Investiture Laws p. 6. Sect. 2. Jurisdictionâ— p. 7. Sect. 3 4 5. p. 9 11 12. CHAP. III. King Hen. 8. did not by renouncing the Power pretended by the Pope make 〈◊〉 the Ecclesiastical Jurisdiction neither was it void before it was restored by Edw. 6. 2. p. 13. Sect. 2 3. p. 16 20. CHAP. IV. Ecclesiastical Jurisdictition is lawfully exercised without the King's Name or Stile in Processes c. notwithstanding the 1 Edw. 6. 2. p. 22. Sect. 1 2 3. p. 23 24 26. Sect. 4. 1 Edw. 6. 2. Repeal'd appears from practice p. 28. Sect. 5. 1 Edw. 6. 2. Repealed in the Judgment of all the Judges the King and Council p. 31. Sect. 6. Mr. H. Cary ' s Reason to the contrary considered p. 36. CHAP. V. The Act of 1 Eliz. 1. Establishing the High-Commission Court was not the foundation of Ordinary Ecclesiastical Jurisdiction in England against Mr. Hickeringill p. 41. CHAP. VI. How our Ecclesiastical Jurisdiction in England came at first and is at present Establish'd by Law p. 46. Sect. 1. Jurisdiction of the Church in Common Law p. 51. Sect. 2. The Government Ecclesiastical is Establish'd in the Statutes of this Realm p. 54. CHAP. VII Of Canons and Convocations p. 60. The Conclusion p. 64. The Postscript p. 67. The Bookseller to the Reader THE absence of the Author and his inconvenient distance from London hath occasioned some small Errata's to escape the Press The Printer thinks it the best instance of pardon if his Escapes be not laid upon the Author and he hopes they are no greater than an ordinary understanding may amend and a little charity may forgive R. Royston CHAP. I. The General Proposition THE Ecclesiastical Jurisdiction As now Exercised in the Church of England is Allow'd and Establish'd by the Laws of the Land SECT I. An Account of the Method AFTER so many hundred years confirmation both by Law and Practice 't is a marvellous thing this should be a question yet of late two worthy Gentlemen treading in the steps of some former Male-contents have ventured to make it one Mr. Edmond Hickeringill and Mr. H. Cary the first in his Book called Naked Truth the Second part the other in his modestly stiled The Law of England And it is to be observed they were both Printed very seasonably for the setling our distractions through the fears and danger of Popery I shall note what they say discover their gross and dangerous mistakes answer and remove their pitiful Objections and then endeavour to satisfie ordinary and honest enquirers both that and how our Ecclesiastical Jurisdiction stands firm and unshaken upon the basis of our English Laws SECT II. Mr. Hickeringill's Reasoning Noted and Resolv'd Mr. Hickeringill is pleased to say that upon the Stat. 1 Eliz. 1. was built the High Commission Court and the Authority of all Canon-makers Synodiâ—al but down came the Fabrick when that Act was Repealed by 17 Car. 1. 11. and 13. Car. 2. 12. Where provision was made by striking at the foundation 1 Eliz. 1. that no more Commissions of that nature be granted any more only the Spiritual Courts by 1â— Caâ— 2. 12. were to be in Statu quo wherein they were 1639. What state no great I 'le warrant you if the Basis on which their Star-Chamber and High-Commission-Court were built be taken away All Ecclesiastical Jurisdictions till Hen. 8. were derived from the Pope as Supream of the Church â— this Head being beheaded the Supremacy was invested in the Crown But 1 Edw. 6. 2. Enacts that all Process Ecclesiastical should be in the Name and with the stile of the King c. So that if there be any Ecclesiastical Jurisdiction in England distinct from his Majesties Day Courts all their Processes must be in the Kings Name c. 'T is true 1 Edw. 6. 2. is repealed by the 1 Mar. 2. but I care not for that for 't is revived by the Act of repeal 1 Jac. 25. The Clergy in Convocation acknowledged in their Petition that their Ecclesiastical power was at that time taken away So that their present Jurisdiction being not from God that 's certain 't is not from Man because his Majesty has promised 13 Car. 2. 12. never to empower them with any more Commissions to the worlds end But this I do not peremptorily assert I here protest I know not by what Authority we do these things considering the premises and the repealing of 1 Eliz. 1. By the Statute of Hen. 8. all these Ordinary Jurisdictions were cut off and were revived by 1 Edw. 6 upon Conditions only This is the very Naked Truth under his first Query and in his Conclusion and up and down this worthy Book that is such a shabby lawless Logick such a rude and shatter'd way of reasoning as deserves to be reduc'd with a rod and lasht into method and sence and better manners Especially if you single out his false and study begging Prâ—positions fraught with a wretched design of robbing his own Mother in the Kings high way with which he challenges passage to cheat and abuse the Country My business is only to apprehend the Vagabonds and commit them to the justice of some more severe and smarter hand SECT III. The Propositions suggested by Mr. Hickeringill are these following I. That before Hen. 8. all Ecclesiastical Jurisdiction in England was derived from the Pope as Mr. Cary p. 6. II. That Hen. 8. when he annex'd the Ecclesiastical Jurisdiction to the Crown he took it wholly away from our Ecclesiastical Ministers III. That the Church had no Jurisdiction after Hen. 8. had annex'd it to the Crown till 1 Edw. 6. 2. IV. That if there be any Ecclesiastical Power in our Church it cannot be executed but in the Name and with the Stile c. of the King according to 1 Edw. 6. 2. V. That all our Ecclesiastical Power was lately founded in 1 Eliz. 1. as it establish'd the High-Commission-Court and that Act being Repeal'd all Ecclesiastical Power was taken away with the Power of that High Commission On a Rock consisting of these Sands stands our mighty Champion triumphing with his Naked Truth but we come now to
causes Testamentary 18 Edw. 3. 6. Synodals and procurations and pensions c. 15 Hen. 8. 19. Defamations 9 Edw. 2. 3. 1 Edw. 3. c. 11 c. all which are clear evidences that the Ecclesiastical Jurisdiction was establish'd by the Statute-laws of this Realm and consequently did not depend upon was not derived from any foreign power before the 20 of Hen. 8. SECT IV. TO seek for the Original of our Ecclesiastical Jurisdiction and Courts in the Statute-book is more than ridiculous seeing they both stood in a flourishing estate long before the beginning of that book and are among the number of the great things which were then secundum consuetudinem leges Angliae and are plainly establish'd in the Common Law of the Land by which they have stood and been practis'd ever since as we shall prove more fully anon 2. Magna Charta which is found first in the book of Statutes and is said by Lawyers to be Common Law i. e. shews us what is Common Law in this Kingdom begins thus We have granted and confirmed for us and our Heirs for ever that the Church of England shall be free and shall have all her whole Rights and Liberties Inviolable Reserving to all Archbishops and Bishops and all persons as well Spiritual as Temporal all their Free Liberties and free Customs which they have had in times past and which we have granted to be holden within this Realm and all men of this Realm as well Spiritual as Temporal shall observe the same against all persons 3. Now what can any man that knows the practice of the Spiritual Courts before that time at that time and ever since imagine what is meant by the Liberties and Customs of the Church i. e. in the sence of Mr. Hickeringill and the words of Magna Charta Archbishops Bishops and all Spiritual men but the Jurisdiction Ecclesiastical in the first and chief place And these by the great Charter are confirm'd for ever and the like confirmation hath been made by the many succeeding Kings and Parliaments in their confirmation of Magna Charta 4. Therefore I cannot but conclude that the Ecclesiastical Jurisdiction being founded in the Common Law Magna Charta and the Statutes by so long practice beyond all Records is in the very Constitution of the Kingdom The great men of the Church having always had authority in the very making of Laws as they had before Magna Charta and been reputed as in the Statute of Eliz. one of the three States in Parliament and the Execution also of the Ecclesiastical Laws of the Church of England SECT V. LASTLY All this is plainly confirm'd by ancient Ecclesiastical Canons which seems to be an Argument of great weight with Mr. Hickeringill as well as by the Ancient Laws and Customs of the Land In the Apostles Canons 't is ordained that every National Church should have its own chief or head and thence derive all Power under the Crown 'T is acknowledged against the Papists that we had our Arch-bishops and Bishops before the Vsurpation of the Pope We were anciently a Patriarchate independent upon Rome The four first Councils confirm'd the Apostles Canons and establish'd our ancient Cyprian priviledge Let after encroachments of the Pope be accordingly renounced as lawless Vsurpations Let us quietly enjoy our restored ancient priviledges and let ancient Custom prevail according to the Sentence of the ancient Councils in spight of all Papists and Hobbists CHAP. III. King Hen. 8. did not by renouncing the Power pretended by the Pope make void the Ecclesiastical Jurisdiction neither was it void before it was restored by 1 Edw. 6. 2. IT 's somewhat difficult to make this Proposition than it is in its self more plain pray Mr. Wise-man where and by what words did Hen. 8. cut off as you say all those ordinary Jurisdictions Did that great Prince and his Parliament intend by any Statute then made to cut them off or not If they did intend it how came it to pass that they continued in their usual course of power and proceedings all the rest of his Reign which may be presumed to be near ten years Was that watchful Prince so asleep was the whole Kingdom so stupid so long a time to suffer such oppression by invasion of the Crown and the peoples Liberties by a company of Church-men now deprived of the Pope's assistance and without any power at all or were the Ecclesiastical Governours so desperate or careless as to lie under so much danger of praemunire neither desisting to act without power nor to sue for it 2. But perhaps though the King and Parliament did not intend it yet the words of the Statute express enough to dissolve and cut off all those ordinary Jurisdictions and no body could see through this milstone or tumble it upon the Churches head before Mr. Hickeringill was inspired to do it in a lucky time I will answer him with a story There was a certain Lord laid claim to a Mannor that was in another Lord's possession upon Trial it was found that the Plaintiffe had the Right of it and he that had had possession was thrown out and the other the Right Owner was as he ought to be put into the possession of the said Mannor but it was observed that though the Lords were changed yet the Customs and Courts and Officers were not changed at all but all things proceeded as before 3. Thus King Hen. 8. and his Parliament express'd themselves as if on purpose to our present case only that the Pope's power then was rather in a pretended claim than in possession as is evident from that notable Statute 24 Hen. 8. c. 12. where we have the Kings Supremacy first asserted with a body Politick of the Spiritualty and Temporalty every way furnish'd with Authorities and Jurisdictions to administer Justice to the whole Realm Thus the Imperial Crown fully accomplish'd throws off the pretence of the Pope as King Edw. Rich. and Hen. 4. had done before yet as they also did reserves as well the Spiritualty and its Jurisdiction as the Temporalty and its Jurisdiction Afterwards 4. The King doth by his Royal assent and by the assents of the Lords Spiritual and Temporal and the Commons Assembled and by the Authority of the same Enact Establish and Ordain that all Causes Testamentary Causes of Matrimony and Divorces rights of Tithes Oblations and Obventions the knowledge whereof by the goodness of Princes of this Realm and by the Laws and Customs of the same appertaineth to the Spiritual Jurisdiction of this Realm shall be from henceforth heard examined discuss'd clearly finally and definitively adjudged and determined in such Courts Spiritual and Temporal as the natures of the controversie shall require 5. 'T is plain therefore that though Hen. 8. did cut off the Pope's pretence which is the great intention of that excellent Law yet the Ecclesiastical Jurisdiction was not dissolved but annex'd or declared to be annex'd to the Imperial Crown
the point though against the hair for though he toll on his weak and prejudic'd readers to their great hazard in putting their whole case upon this one point whether the Court can shew the broad Seal c. yet when he comes home to the matter he tells them that the aforesaid Statute of Edw. 6. not being mentioned by King James's Act of repeal and expresly revived is thought not to be of force so that a citation in the Bishops own name may at this day be good in Law Law of Engl. c. 2. p. 12. Mr. Hickeringill should have taken the advice of this his friend a great Lawyer certainly that entitles his minute and thin piece the Law of England SECT III. Mr. CARY indeed mistakes the Statute for it is the first of King James 25. not the fourth yet we have his learned opinion that Citations in the Bishops own name may at this day be good in Law and for ought I know his reason for it may be good too viz. because the Statute of Queen Mary especially that of the first and second of Phil. and Mar. c. 8. is not in the said Act of repeal expresly revived according to the express words of the Act vid. 1 Eliz. sect 13. But O Mr. Cary though we have here your opinion and your reason where was your Conscience where was your kindness to your beloved dissenting Clients when you dared to betray them to the Devil and the Gaoler to speak in Mr. Hickeringill's language a far heavier sentence than Curse ye Meroz and that upon no other ground that I can find in your English Law but this Statute only which yet for the reason aforesaid you say is thought not to be of force and though you say the Bishops may at this day send forth Citations in their own names by Law yet your grave advice to those friends is this When you are Cited appear and demand whether they have any Patent from the King for the same and under his great Seal or no if they will not shew you by what Authority protest against their proceedings and go your way i. e. the way of disobedience contempt the way to the Gaol and the Devil but that 's no matter he hath shewed his spite to Ecclesiastical Authority against his own Law and Conscience he was not to satisfie a doubt but a lust and his confidence is as able to secure the deluded people from the danger of contempt of the Kings Ecclesiastical Courts as his wise Notion of Magna Charta c. 14. from paying their Tithes See this point excellently and fully argued on both sides and the Judges c. Opinion and Reasons silencing this Objection in King James's time Coke Rep. 12. p. 7 8 9. SECT IV. 1 Edw. 6. 2. repeal'd appears from practice II. A further Argument that the Stat. 1 Edw. 6. 2. is repeal'd is taken from the uninterrupted practice both of the Ecclesiastical Jurisdiction and the Kings of England and their own immediate Courts contrary to it and I think it is a rule in Law that in doubtful cases Lex currit cum praxi 1. The Ecclesiastical Judges have ever since the Repealing Act of Queen Mary before and since the Statute of Queen Eliz. and King James called Statutes of repeal uncontroulably proceeded in their own names and not expresly in the name or stile of the King let one instance be shewn to the contrary then who can imagine without a fancy possest that the Crown and States of the Realm should intend so great an alteration in the Ecclesiastical government and that in the behalf of the supremacy and for the Rights of the Crown as is pretended by reviving that Act of 1 Edw. 6 and yet neither then not even since expect a conformity to and observance of it Were Queen Eliz. and King James so easie and careless of their Crowns as this would make them were all the Bishops who were concerned in making those Acts of Repeal and all Ecclesiastical Judges ever since so dull and stupid as not to know the force of those Acts not to mind either their duty or their safety in so great and hazardous a point as some would have it of a praemunire or so fool-hardy as to bear against the Crown it self on which alone they know they depend against plain Acts of Parliament in the midst of froward and watching enemies on every side them who can think it I must conclude that if it be possible that the Act of Queen Mary should be repeal'd in this point either by Queen Eliz. or King James 't is more than ever the Law-makers themselves thought of understood or intended 2. For secondly the practice of the Crown that was in the first place highly concern'd in that Stat. 1 Edw. 6. 2. hath been ever since the Act of Queen Mary that repeal'd it directly contrary to it and in a very great point or flower of the supremacy manag'd it self ever since just as it did before that Act of Edw. 6. and as I said directly contrary to it therefore 't is past all doubt but that the sence of the Queen and Kings of England and the sence of those great Lawyers and States-men that direct the Crown in such great affairs is evident that the Statute of Edw. 6. stands repealed and is not revived for in that Stat. 1 Edw. 6. 2. 't is expresly enacted that whereas elections of Bishops by Deans and Chapters upon a Writ of Congee d'eslire seeming derogatory and prejudicial to the Kings prerogative Royal for a due reformation thereof be it enacted that from henceforth no such Congee d'eslire be granted not election made but c. yet ever since Congee d'eslires have been granted and such elections thereupon have been returned and accepted 3. The Kings immediate Courts so far as they have been concerned with Jurisdiction of the Church and the Kings Civil Judges therein have ever since own'd and as occasion hath required ratified fortified and made effectual all our Ecclesiastical proceedings ever since though not acted in the Kings name contrary to the said Statute though 't is a great part of their places and offices to secure the Prerogative against all Invasion especially of the Church thus by their constant practice it appears that they never understood that Statute of Edw. 6. to be in force since Queen Mary repealed it Was the whole Kingdom so long and in so deep a sleep to be awakened by such impertinent and little barkings SECT V. 1 Edw. 6. 2. Repealed in the Judgment of all the Judges the King and Council THE objection from the 1 Edw. 6. is no new light of Mr. Hickeringill's we find it busie in the time of King Charles the first Anno 1637. and by the Kings Proclamation it seems it had troubled the Kingdom before as indeed it had in the Fourth of King James In that year 1637. upon an order out of the Star-chamber the learned Judges were commanded to give their
and had Power by the Law of the Land to try such Causes as were not to be tried by Common Law so declared and Establish'd by Acts of Parliament Vid. in the time of Edw. 1. and Edw. 2. near four Hundred years since Circumspecte agatis 13 Edw. 1. An. 1285. The King to his Judges sendeth greeting Use your selves circumspectly in all matters concerning the Bishop of Norwich and his Clergy not punishing them if they hold Plea in things as be meer Spiritual as Penance enjoyned by Prelates Corporal or Pecuniary for Fornication Adultery or such like for Tithes and Oblations due and accustomed Reparations of the Church and Church-yard Mortuaries Pensions laying violent hands upon a Clerk Causes of Defamation Perjury All such demands are to be made in the Spiritual Courts and the Spiritual Judge shall have power to take knowledge of them notwithstanding the Kings Prohibition III. Hereupon a Consultation was to be granted 24 Edw. 1. as followeth Whereas Ecclesiastical Judges have often surceased to proceed by force of the Kings Writ of Prohibition in Cases whereas Remedy could not be had in the Kings Courts our Lord the King Willeth and Commandeth That where Ecclesiastical Judges do surcease in the aforesaid Cases by the Kings Prohibition that the Chancellor or the Chief Justice upon sight of the Libel at the instance of the Plaintiff if they can see that the Case cannot be redressed by Writ out of Chancery but that the Spiritual Court ought to determine the Matters shall write to the Ecclesiastical Judge that he proceed therein notwithstanding the Kings Prohibition More particularly Those Cases reserved by Law and Statute against which no Prohibition can be legally granted are enumerated in Articul Cleri 9 Edw. 2. IV. Thus the proceedings of the Spiritual Courts and the Causes belonging to them were supposed directed allowed and Establish'd by these Ancient Statutes And lest those Causes have not been sufficiently specified no Prohibition shall be awarded out of Chancery but in Case where we have the connusance and of Right ought to have as it is in the 18 of Edw. 3. provided Whence 't is a general Rule both in Law and Statute That such cases as have no remedy provided in the other Law belong to the Spiritual Courts and indeed it hence appears they have ever done so because we no where find in our Laws that the Common Law did ever provide for them and because the Kingdom of England is an intire Empire where the King is furnish'd with a Temporalty and Spiritualty sufficient to administer Justice to all persons and in all Causes whatsoever And consequently what Causes are not in the connusance of the Common Law belong to the Spiritual Jurisdiction which is plainly implied in 24 Hen. 8. c. 12. and other Statutes Upon the same ground in Law depend three great truths 1. The Antiquity of Ecclesiastical Courts 2. Their dependance upon the Crown 3. The perfection of the Government to administer Justice in all cases to all persons from the Supream Power exercised in the Temporal and Spiritual Courts all which lie in the Preamble of that Statute according to our Ancient Laws For saith my Lord Coke in the conclusion of Cawdries Case it hath appeared as well by the ancient Common Laws of this Realm by the Resolution of the Judges and Sages of the Laws of England in all succession of Ages as by Authority of many Acts of Parliament ancient and of latter times That the Kingdom of England is an absolute Monarchy and that the King is the only Supream Governour as well over Ecclesiastical persons and in Ecclesiastical Causes as Temporal To the due observation of which Laws both the King and the Subject are sworn V. IF you desire a more full and particular account of such Cases as being not provided for at Common Law are therefore and have been ever under the Spiritual power take this excellent Enumeration of my Lord Cawdries Case Coke Observe good Reader seeing that the determination of Heresies Schisms and Errors in Religion Ordering Examination Admission Institution and Deprivation of men of the Church which do concern God's true Religion and Service of right of Matrimony Divorces and general Bastardy whereupon depend the strength of mens Descents and Inheritances of Probate of Testaments and Letters of Administration without which no debt or duty due to any dead man can be recovered by the Common Law Mortuaries Pensions Procurations Reparations of Churches Simony Incest Adultery Fornication and Incontinency and some others doth not belong to the Common Law how necessary it was for administration of Justice that his Majestie 's Progenitors Kings of this Realm did by publick Authority authorize Ecclesiastical Courts under them to determine those great and important Causes Ecclesiastical exempted from the Jurisdiction of the Common Law by the Kings Laws Ecclesiastical which was done originally for two causes 1. That Justice should be administred under the Kings of this Realm within their own Kingdom to all their Subjects and in all causes 2. That the Kings of England should be furnished upon all occasions either foreign or domestical with Learned Professors as well of the Ecclesiastical as Temporal Laws VI. Ecclesiastical Laws are the Kings Laws though Processe be not in the Kings Name Now albeit the proceedings and Processe of the Ecclesiastical Courts be in the Name Coke Cawdr Case latter end of the Bishops c. it followeth not therefore that either the Court is not the Kings or the Law whereby they proceed is not the King's Law For taking one example for many every Leet or View of Frank-pledge holden by a Subject is kept in the Lords Name and yet it is the Kings Court and all the proceedings therein are directed by the Kings Laws VII Spiritual Causes secured from Prohibitions notwithstanding by Acts of Parliament Lord Coke Cawdries Case in Edw. 2. Albeit by the Ordinance of Circumspecte agatis made in the 13 year of Edw. 1. and N. B. by general allowance and usage the Ecclesiastical Court held Plea of Tithes Obventions Oblations Mortuaries Redemptions of Penance laying of violent hands upon a Clerk Defamations c. yet did not the Clergie think themselves assured nor quiet from Prohibitions purchased by Subjects until that King Edw. the Second by his Letters Patents under the Great Seal in and by consent of Parliament upon the Petitions of the Clergie had granted unto them to have Jurisdiction in those Cases The King in a Parliament holden in the Ninth year of his Reign after particular Answers made to their Petitions concerning the matters abovesaid doth grant and give his Royal assent in these words We desiring as much of right as we may to provide for the state of the Church of England and the tranquillity and quiet of the Prelates of the said Clergie to the honour of God and the amendment of the state of the said Church and of the Prelates and Clergie ratifying and approving all and singular the said
Answers which appear in the said Act and all and singular things in the said Answers contained We do for Vs and Our Heirs grant and command that the said be inviolably kept for ever willing and granting for Vs and Our Heirs that the said Prelates and Clergie and their Successors for ever do exercise Ecclesiastical Jurisdiction in the Premises according to the tenour of the said Answer VIII The Ecclesiastical Jurisdiction is a branch of the Kings Supremacy and he that denieth it denieth the King to be a compleat Monarch and Head of the whole intire body of Cawdries Case the Realm as my Lord Coke assures us both from the Common Law and many Statutes in all Ages made on purpose from time to time to vindicate the Crown and secure our own Church and its Jurisdiction under the Crown from the Pope and his illegal Encroachments and Vsurpations before and more especially by Hen. 8. and since the Reformation as is very amply proved by my Lord Coke in his most excellent discourse on Cawdrie's Case and since very learnedly and fully by Sir John Davis Atturny General in Ireland in his Case of Praemunire called Lalor's Case both which should be well read by all that desire satisfaction in this weighty point Thus the Jurisdiction of this Church in subordination to the Supream Head of it hath proceeded through all time in the Laws and Statutes of our own Kingdom and was never legally interrupted till the 17 of Car. 1. but that Act repeal'd by the 13 of our present gracious King it stands firm again according to the letter of the said last Act upon its ancient legal Basis IX The old Objection that the Spiritual Courts do not Act in the Kings Name c. is fully Answered in the Book but because it is only mentioned there that the Case was resolved by the Judges in King James's time I shall here set it L. Coke Rep. 12. p. 7. down as abridg'd for brevity out of my Lord Coke by Manly Pasch 4 Jac. Regis At this Parliament it was strongly urg'd at a grand Committee of the Lords and Commons in the Painted Chamber that such Bishops as were made after the first day of the Session were not lawful Bishops 1. Admitting them Bishops yet the Manner and Form of their Seals Stiles Processe and proceedings in their Ecclesiastical Courts were not consonant to Law because by the Stat. 1 Edw. 6. 2. it is provided tht thenceforth Bishops should not be Elective but Donative by Letters Patents of the King and for that at this day all Bishops were made by Election not Donation of the King therefore the said Bishops are not lawful 2. By the same Act it is provided that all Summons c. and Processe in Ecclesiastical Courts shall be made in the Kings Name and Stile and their Seals engraven with the Kings Arms and Certificates made in the Kings Name it was therefore concluded that the said Statute being still in force by consequence all the Bishops made after the Act of 1 Jac. were not lawful Bishops and the proceedings being in the Name of the Bishop makes them unlawful quia non observata forma infertur adnullatio Actus Upon consideration of these Objections by the Kings Commandment it was Resolved by Popham Chief Justice of England and Coke Atturny of the King and after affirmed by the Chief Baron and the other Justices attendant to the Parliament that the said Act of 1 Edw. 6. 2. is not now in force being Repealed Annulled and Annihilated by three several Acts of Parliament any whereof being in force it makes that Act of 1 Edw. 6. that it cannot stand quia Leges posteriores priores contrarias abrogant And by the Act of the 25 Hen. 8. c. 20. is set forth the manner of Election and Consecration of Archbishops and Bishops and also for the making and Execution of all things which belong to their Authority with which words the Stile and Seal of their Courts and the manner of their proceedings are included which Act of 25 Hen. 8. is Revived by 1 Eliz. c. 1. and consequently that of 1 Edw. 6. c. 2. is Repealed I advise the Reader to see it as more at large expressed and the repealing Statutes particularly mentioned and argued in my Lord Coke 12 Rep. p. 7 8 9. and bid him farewel and not be wiser than the Law FINIS A Catalogue of some Books lately Printed for Richard Royston ROma Ruit The Pillars of Rome broken wherein all the several Pleas for the Pope's Authority in England with all the Material Defences of them as they have been urged by Romanists from the beginning of our Reformation to this day are Revised and Answered By Fr. Fullwood D. D. Archdeacon of Totnes in Devon The New Distemper Or the Dissenters Usual Pleas for Comprehension Toleration and the Renouncing the Covenant Consider'd and Discuss'd with some Reflections upon Mr. Baxter's and Mr. Alsop's late Pamphlets published in Answer to the Reverend Dean of S. Paul's Sermon concerning Separation The Lively Picture of Lewis du Moulin drawn by an incomparable Hand Together with his Last Words Being his Retractation of all the Personal Reflections he had made on the Divines of the Church of England in several Books of his Signed by himself on the Fifth and the Seventeenth of October 1680. Christ's Counsel to his Church In Two Sermons preached at the two last Fasts By S. Patrick Dean of Peterburgh and Chaplain in Ordinary to his Majesty THE END