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

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having in p. 284. of his Iust Vindication of the Church of England spoke of the Trent Council saith We have seen heretofore how the French Embassador in the Name of the King and Church of France protested against it and until this day though they do not oppose it but acquiesce to avoid such disadvantages as must ensue thereupon yet they never did admit it Let no Man say that they rejected the Determinations thereof only in point of Discipline not of Doctrine For the same Canonical Obedience is equally due to an acknowledged General Council in point of Discipline as in point of Doctrine Monsieur Iurieu in his Historical Reflections on Councils and particularly on that of Trent which were Translated into English and Printed in the year 1684. Saith that the French Kings their Parliaments and Bishops dislike several things in the Decrees of the Council of Trent and mentions as the Reasons why the Council of Trent is not received in France these following 1. That the Council hath done and suffered many things that suppose and confirm a Superiority of the Pope over Councils 2. It hath confirmed the Papal encroachments upon ordinary's by exemption of Chapters and priviledges of Regulars who are both withdrawn from Episcopal Jurisdiction 3. That it hath not restored to the Bishops certain Functions appertaining to their Office and taken from them otherwise than to execute them as delegates of the See of Rome 4. That it hath infringed the priviledges of Bishops of being Judged by their Metrapolitan and Bishops of Provinces by permitting a removal of great Causes to Rome and giving Power to the Pope to Name Commissioners to Judge the Accused Bishop 5. That it hath declared that neither Princes Magistrates nor People are to be consulted in Setling and placing of Bishops 6. That it hath Empowered Bishops to proceed in their Jurisdictions by Civil pains by Imprisonment and by Seisures of the Temporalties 7. That it hath made Bishops the Executors of all Donations for Pious uses 8. That it hath given them a Superintendency over Hospitals Colledges and Fraternities with power of disposing their Goods notwithstanding that these matters had been always managed by Lay Men. 9. That it hath ordained that Bps. shall have the examining of all Notaries Royal and Imperial with power to Deprive or Suspend notwithstanding any Opposition or Appeal 10. That it hath given power to Bishops with consent of two Members of their Chapter and of two of their Clergy to take and retrench part of the Revenue of the Hospitals and to take away feudal Tithes belonging to Lay-Men 11. That it hath made Bishops the Masters of Foundations of Piety as Churches Chappels and Hospitals so as that those who have the Care and Government of them are obliged to be accountable to the Bishops 12. That in confirming Ecclesiastical Exemptions it hath wholy ascribed to the Pope and Spiritual Judges all power of Judging the Causes of Accused Bishops as if Soveraign Princes had lost the right they had over their Subjects as soon as they became Ecclesiasticks 13. That it hath empower'd the Ordinaries and Judges Ecclesiastick in Quality of Delegates of the Holy See to enquire of the Right and Possession of Lay-Patronages and to quash and annul them if they were not of great necessity and well founded 14. That in Prohibiting Duels it had declared that such Emperor or Prince as should shew favour to Duels should therefore be Excommunicated and Deprived of the Seignory of the place holding of the Church where the Duel was fought 15. that it hath permitted the Mendicant Fryars to possess Immoveables 16. That it hath ordained an Establishment of Judges it calls Apostoles in all Dioceses with Power to Judge of Spiritual and Ecclesiastical Matters in prejudice of the Ordinary 17. That it hath declared that Matrimonial Causes are of the Churches Jurisdiction 18. That it hath enjoyn'd Kings and Princes to leave Ecclesiasticks the free and entire possession of the jurisdiction granted them by the Holy Canons and General Councils that is to say usurped by the Clergy over the Civil Power These are the Principal Points Disputed in France These that tend to the Diminution of the Authority and Priviledges of Bishops to enlarge the Roman power are Rejected by the Bishops And those that would extend the power of Bishops to the Prejudice of the Civil Authority are Rejected by the Parliaments Between both this Council as enacting contrary to the Rights and Liberties of the Gallican Church was never at all received in France so as to obtain the force of a Law He then shews that the Popes Superiority over Councils is a point of Doctrine and was decided in the Council of Trent And yet that the Gallican Church believes the contrary I know it will be said saith he that the Council of Trent hath not decided that the Pope is Superior to Councils Men may talk as they please but things for all that will continue as they are It is true that among the Decrees and Canons of the Council there is none that saith in express Terms that the Pope is Superior to Councils and can be judged by none But the effect of such Decision is apparent in all the Acts and through the whole Conduct of this Council And he afterward saith that the Clause of proponentibus legatis was a plain Decision of the Popes Superiority over the Council But to these 18 Reasons of Mr. Iurieu about the Reception of the Trent Council in France being neither practicable nor practised I might add that according to what my Lord Primate Bramhal observes in another place of that Book of his I Cited before the Obedience promised to the Bishop of Rome as Successor to St. Peter and Vicar of Iesus Christ pursuant to the Trent Council may seem to quadrate but ill with the liberty of the Gallican Church to set up a Patriarch For in p. 194. of that Book he mentions that in Cardinal Richelieu's Days it was well known what Books were freely Printed in France and publickly sold upon pont neuf of the lawfulness of Erecting a new or rather restoring an old proper Patriarchate in France as one of the liberties of the Gallican Church And thereupon saith It was well for the Roman Court that they became more propitious to the French Affairs And if we consider how in the 22 d. Session of the Council of Trent Chapter the 11 th all Kings and Emperors are Anathematized who hinder any Ecclesiasticks from the Enjoyment of any of their feudal Rights or other profits and that it might well be supposed that the Course and Vicissitudes of time would put Roman Catholick Princes on somewhat of that Nature and which so eminently influenced the French King in the Munster Treaty none need wonder at the Trent Councils not being received in France There was a Book called a Review of the Council of Trent written by a Learned Roman-Catholick and Printed A. 1600. and Translated by Dr
diligenza con amore con fortuna is what I find in your page 217 and 218. For 't is there that in your great picture of His Late Majesty as an Agonist and laying the Crown of Righteousness before him eo nomine and as Contending for the Succession You have interweaved the picture of your own Loyalty and Contention for it with such bold Touches as I shall not name but refer the Reader to them which it was pitty but your Index had done with a hand in the Margent There is no doubt but the very Curiosity of the Calculations in your Discourse would have brought it into the late Kings Cabinet and to his perusal had he lived till its Publication and your great Majestick Insinuations of perswasive Arguemnt there brought apparently w●th a Design to fortifie his great Mind against any possible further Batteries from Members of any of the three Estates to occasion his consenting to the Exclusion must necessarily have been soon perceiv'd by so quick an Apprehension as his Majesties and could not but have made deep impressions on him for the continuance in his former purpose And I will hereupon say that if any Loyal Roman-Catholick would not on the Account of what you have said in those two pages absolve you from his severe Censuring of the warmest passages against Popery in your whole Discourse he would injure his own Judgment And the Truth is Arch-Bishop Hutton's minding Queen Elizabeth so boldly from the Pulpit though yet with a Salvo to the Rules of Modesty and Decorum of what in Justice concerned her as to K. Iames's Succession which you have mentioned and which was by her so well taken was not a harder Task to be performed than what you presented to the consideration of his Late Majesty from the Press in the Affair of his preserving the Lineal Succession of his present Majesty As it is natural to Men on the sight of any Combatants or Wrestlers whom they had never before seen to wish better to the one than the other and to have their Fancy's by the Current of Nature constantly carryed along to favour the Fortunes of this or that Contender whom yet they never saw so I have during the course of our long acquaintance observed in you on all occasions a natural and constant tenderness in your Wishes of Happiness and good Success to his present Majesty when Duke of York And had not you on grounds of Nature and so like a Philosopher expressed the same and from the Knowledg of things in particular founded your Conjectural measures of Englands future Happy State if under his Government but had only presaged well of his Reign in general one might have thought that your natural Affection and Honour for his Person might have byassed you that way as a praedicter rather than the natural knowledge of things especially considering what you have well hinted that the very praediction of things is often a Natural cause in some degree of Men's being Animated to bring them to effect And indeed I receiving many of your printed Sheets during our late Fermentation when so many Writers seemed Associated in the praediction of the worst of Events under a Popish Successor was the more pleased to find one Man that was not like a dead fish carryed down with the stream of the Times as to the point of ill boding to the publick and the strength of whose fancy mixt with his great Reason and Judgment might be able to help to turn that stream And God be thanked that by his Majesties coming to inherit the Throne of his Ancestors with almost as equal Peace and Ioy of the People as his Royal Brother was Restored to the same and for your Description of the Figure I made in which latter or to speak more properly of my Duty I discharged therein I return you my Just Acknowledgments and by his so early and voluntary Gracious Declaration of his defending the C. of E. and the Civil Government as by Law Established and so publickly owning the Loyalty of the Principles of that Church and by his continuance of the prosperity of that Church and the Peace and Prosperity of the Kingdom while the whole Creation as I may say groans under the pressure of some of our Protestant Brethren abroad you have hitherto appeared so much a True Praedicter as you have I am likewise glad hereby that another Learned Person of our Church I mean Dr. Thomas Sprat the Lord Bishop of Rochester taking his view of the Future State of England in his History of the Royal Society and there saying as you have Cited it that we may safely conclude that what ever vicissitude shall happen about Religion in our time it will probably be neither to the advantage of implicit Faith nor of Enthusiasm has hitherto appear'd so fortunate in that praediction God be thanked that such as in the late Conjuncture troubled us with the being Lachrymists in another and the imagin'd nubecula est c. as to persecution have had some cause to be ashamed of their Fears And that you have hitherto had no more cause to be ashamed of praedicting Englands future pacifick State though yet we have had a * Monmouths Rebellion since But as to that it may be properly said that that persecution against the Throne nubecula fuit transivit We have had presently after the Kings coming to the Throne a little Cloud of Calumny cast on the Reputations of four of the most Eminent Divines of our Metropolis by some of their fellow Subiects supposed Roman Catholicks but it soon passed off And God brought forth their Righteousness as the Light and their Iudgment as the Noon-Day And the thing scarce deserves to be remembred that after they had thus misrepresented four such Protestant Divines with so much falshood some others of those published a Book called The Papist Misrepresented and Represented and which is lately answer'd with that Candour and Strength of Reason that ought to be in Theological Writings and wherein as the Lord Falkeland who was then Secretary was wont to say it was as absurd to mingle angry reviling expressions as to do so in a Love-Letter There was a despicable Childish Pamphlet and Writ with too much petulant insolence called An Address from the Church of England to both Houses of Parliament and which was by many of the Fathers of that Church held not worth the taking notice of And because it is very Ridiculous for any now to think to Re-Baptize the present Church of England with the Name of ROMAN Catholick I have here thought fit in pursuance of what you mentioned in p. 70. to let you and others have a Copy of the Rescript or Iudgment of the Vniversity of Oxford to Henry the 8 th whereby the Bishop of Rome was pronounced to have no more power here by the Word of God than any other Foreign Bishop I Judge that that Old Book of Dr. Iames's you refer to is