the Prejudice of the Decrees of Generall Councells or the Privileges of the French Church Then he must give no Dispensarions against the Canons or Contrary to those Privileges Thus we have viewed all the reall differences between the Church of Rome and us concerning Papall power which our Lawes take notice of There are some other petâ—y Abuses which we complain of but they may be all referred to one of these four heads The Patronage of the Church of England The Legislative The Judicary and Dispensative powers Other differences are but the Opinions of particular Persons But where no Law is there is no Transgression Wee have seen evidently that Henry the eighth did cast no Branch of Papall power out of England but that which was diametrally repugnant to the Ancient Lawes of the Land made in the Reign of Henry the fourth Richard the second Edward the third Edward the first Henry the third Henry the second And these Lawes ever of Force in England never repealed no not so much as in Queen Maryes time when all the Lawes of Henry the eighâ—h and Edward the sixth which concerned the Bishop of Rome were repealed So that I professe clearly I doe not see what advantage Henry the eighth could make of his own Lawes which he might not have made of those ancieÌ„t lawes except onely a gawdy title of Head of the English Church which survived him not long and the Tenths and first fruits of the Clergy which was so late an usurpation of the Pope that it was not in the nature of things wheÌ„ those ancient lawes were made And since I have mentioned the Novelty of that upstart Vsurpation give me leave to let you see how it was welcommed into England whilest it was but yet hatching with the shell upon the Head of it By a Law of Henry the fourth about an Hundred yeares before Henry the eyghth so late this Mushrom began to sprout up For the grievous Complaints made to the King by his Commons in Parliament of the horrible Mischiefs and Damnable Custome which is introduced of new in the Church of Rome that none could have Provision of an Archbishoprick untill he had compounded with the Popes Chamber to pay great excessive summes of money as well for the First fruits as other lesser Fees and Perquisites c The King ordeineth in Parliament as well to the Honour of God as to eschew the Dammage of the Realm and perill of soules That whosoever shall pay such summes should forfeit all they had or as much as they might forfeit Wherein are Henry the eights Lawes more bitter against the Bishop of Rome or more severe then this is To conclude we have seen the precise time when all these Weeds did first begin to peep out of the earth The very first Introduction to the intended Pageant was the spoiling of Christian Kings of the Patronage of the Church which Bellarmine confesseth that they held Per non breve tempus For a long time A long time indeed so long as there had been Christian Princes in the world from Constantine the Great to Henry the fourth in the Empire and yet longer with us in Brittaine from King Lucius to Henry the First The Clergy of Liege say Nimium effluxit tempus quo haeâ— consuetudo incepit e. It is too long since this Custome of swearing fidelity to Princes did begin Aud under this Custome Holy and Reverend Bishops have yielded up their soules to God giving to Caesar that which was Caesars and to God that which was Gods But theÌ„ rose up Pope Hildebrand otherwise called Gregory the seventh Fortissimus Ecclesiae Dei Vindex The most undaunted Vindicator of the Church of God Who feared not to revoke and defend the old Holy Ecclesiasticall Lawes With this accordeth the Church of Liege Hildehran dus Papa Author hujus Novelli Schismatis primus Levavit Sacerdotalem Lanceam contra Diadema Regni c. Pope Hildebrand the author of this new Schisme first lift up his Episcopall Lance against the Royall diadeÌ„ And a little after Si utriusque Legis totam Bibliothecam c. If I turn over the whole Library of the old and new Law and all the ancient Expositors thereof I shall not find an Example of this Apostolicall precept onely Pope Hildebrand perfected the Sacred Canons when he Commanded Maud the Marchionesse to subdue Henry the Emperour for remission of her Sinnes I take no exceptions to the person of Pope Hildebrand others have done it sufficiently Whether the Title of Antichrist was fastened upon him justly or injustly I regard not Yet it was in the time of this Hildebrand and Paschalis his Successor that the Arch-bishop of Florence affirmed by revelatioÌ„ for he protested that he knew it most certainly that Antichrist was to be revealed in that age And about this time the Waldenses of whom St. Bernard saith that if we inquire into their Faith nothing was more Christian if into their Conversation nothing was more irreprehensible made their Secession from the Bishop of Rome And not long after in the yeare 1120. published a Booke to the world that the great Antichrist was come That the present Governers of the Roman Church armed with both Powers Secular and Spirituall who under the specious Name of the Spouse of Christ did oppose the right way of Salvation were Antichrist But I cannot but wonder what are those old holy Ecclesiasticall Lawes which Bellarmine mentioneth Those Institutions of the Holy Fathers which Hildebrand himself professeth to follow Sanctorum Patrum instituta sequenâ—es Why doe they mention what they are not able to produce or pretend what they never can perform Bellarmin hath named but one poore counterfeit Canon without Antiquity without Authority without Vse without Truth If Mr. Serjeant be able to help him with a recruit it would come very seasonably for without some such helps his pretended Institutions of the Fathers will be condemned for his own Innovations and for arrant Vsurpations and the Guilt of Schism will fall upon the Roman Court. Sect. I. Cap. IX But I expect it should be objected that besides these Statutes which concern the Patronage of the English Church the Legislative the Iudiciary the Dispensative power of Popes there are two other Statutes made by Henry the eighth The one an Act for extinguishing the Authority of the Bishop of Rome The other an Act for establishing the Kings Succession in the Crown wherein there is an Oath that the Bishop of Rome ought not to have any Iurisdiction or Authority in this Realm And that it is declared in the 37. Article of our Church that the Bishop of Rome hath no Iurisdiction in this Kingdome of England And in the Oath ordained by Queen Elisabeth That no Forrein Prelate hath or ought to have any Iurisdiction or Authority Ecclesiasticall or Spirituall with in this Realm I answer this Objection three wayes First as to the two Lawes
fourth Custome was this that when an Arch Bishoprick Bishoprick Abbacy or Priory did fall void the Election was to be made by such of the Principall Dignitaryes or Members of that respective Church which was to be filled as the king should call together for that purpose with the kinges consent in the kings own Chappell And there the person elected was to doe his Homage and Fealty to the King as to his Liege Lord The Pope had no part to Act neither to collate nor consent nor confirm nor Institute nor induct nor ordeine The Second Law is the Statute of Carlile made in the time of Edward the First The summe of it is this That the king is the Founder of all Bishopricks and ought to have the Custody of them in the Vacancyes and the right of Patronage to present to them And that the Bishop of Rome usurping the Right of Patronage giveth them to aliens That this tendeth to the annullation of the State of holy Church to the Disinheriting of Kings and the Destruction of the Realm And they ordained in full Parliament that this is an Oppression that is as much as an entroachment or Vsurpation and should not be suffered The third law was made in the 15th yeare of Edward the third called the Statute of Provisors wherein they affirm that Elections were First granted by the Kings Progenitors upon a certain form or Condition to demand Licenfe of the King to chuse and after the Election to have his Royall Assent Which Conditions not being kept the thing ought by reason to resort to his First nature And there fore conclude that in case Reservation Collation or Provision be made by the Court of Rome of any Arch Bishoprick c. Our Soveraign Lord the King and his Heirs shall have and enjoy the Collations for the same time to the said Arch Bishopricks Bishopricks and other dignityes Elective which be of his Aavowre such as his Progenitors had before the free Election was granted They tell the King plainly that the Right of the Crown of England and the Law of the Land is such that the King is bound to make remedyes and Lawes against such mischiefes And they acknowledge that he is Advowée Paramont immediate of all Churches Prebends and other Benifices which are of the Advowry of holy Church That is as much as Soveraign Patron of the Church Where no Election can be made without the Kings Congé d' Estire or leave antecedent nor stand good without his subsequent consent it is all one as if the Crown did Collate I come next to the second Branch of the First Question about the Patronage of the Church Who hath power to Convocate and Dissolve Ecclesiasticall Assemblyes and whether the Crown or the Pope have usurped one upon another in this particular I cannot tell whether Henry the eighth or Paul the third did mistake more about that Aiery title of the head of the english church Henry the eight supposing that the right to convocate and dissolve Ecclesiasticall Assemblyes and to receive Tenths and First fruits did esseÌ„tially follow this Title And Paul the third declaringe it to be Hereticall and Schismaticall To be head of the English Church is neither more nor lesse then our Lawes and Histories ancient and Modern doe every where ascribe to our English Kings To be Governers of Christians To be the Advocates of the Church To be Patrons and Advowées Paramont of all Churches To be Defenders of the Faâ—h there Professed And to use the Words of the Convocation it self Ecclesiae Anglicanae Protectores singulares Vnicos Supremos Dominos The same body may have severall heads of severall kinds upon Earth as Politicall and Ecclesiasticall and then that which takes care of the Archirectonicall end to see that every member doe his Duty is alwayes Supreme That is the Politicall head This truth Cardinall Poole did see clearly enough and reconcile the seeming difference by distinguishing between a Regall head and a Sacerdotall head This truth the French Divines see wel enough and doubt not to call their King the Terrene head of the Church of his Realme without attributing to him any Sacerdotall right Wee had our Sacerdotall heads too in EnglaÌ„d without seeking for theÌ„ so far as Rome As the Archbishop of Canterbury in the Reigns of our English Monarchs who of old was Nullius unquam Legati ditioni subjectus Never subject to the Iurisdiction of any Legate When the Pope sent over Guy Archbishop of Vienna into England as his Legate throughout Britaigne for the Apostolicall See It was received with wonder and Admiration of all men Inauditum scilicet in Britannia cuncti scientes quemlibet hominum super se vices Apostolicas gerere nisi solum Episcopum Cantuariae All men did know that it was never heard in Britagne that any Man whatsoever had Apostolicall power over them but onely the Archbishop of Canterbury And accordingly the new Legate did speed so it followeth Wherefore as he came so he returned received as Legate by no man nor having exercised any part of his Legantine power This was the ground of that Letter of the English Bishops to the Pope That the Church of Canterbury might not be deprived of its dignity in his times and that he would neither Diminish it him self nor suffer it to be diminished As appeareth by the Popes acknowledgment in his answer But to come up close to the Difference The Question is not whether â—he Bishop of Rome have Authority to call Synods He is a Bishop a Metropolitan a Patriarch a Prince in his own Dominions As a Bishop he may Convocate his Diocesse As a Metropolitan his Province As a Patriarch his Patriarchate under the pain of Ecclesiasticall Censure more or lesse compulsory according to that Degree of Coactive power which hath been indulged to him in these Distinct Capacities by former Soveraigns And as a Prince he may convocate his Subjects under Politicall paines The more these two powers are united and complicated the more terrible is the Censure And therefore our kings would have their Bishops denounce spirituall paines also against the Violaters of their great Charters Spirituall paiues are more heauy then Politicall but Politicall most commonly are more speedy then Spirituall And more certain Spirituall paines doe not follow an erring Key but Politicall doe Neither will I dispute at praesent whether the Bishop of Rome by his reputed Primacy of Order or Beginning of Unity may lawfully call an Oecumenicall or Occidentall Councell by power purely Spirituall which consists rather in Advise then in Mandates properly so called or in Mandates of Courtesy not Coactive in the Exteriour Court of the Church considering the Division and Subdivision of the ancient Empire and the present Distractions of Christendome it seemeth not altogether in convenient Wee see the Primitive Fathers did Assemble Synods and â—ake Canons before there were any christian Emperours but that was by aurhority meerly spirituall they
is the Keeper of both the Tables and wee say that for the first Table the Bishops ought to be his Interpreters Thirdly as wee question not the Popes legislative or coactive power over his own subjects so we submit to the judgemeÌ„t of the Catholick church whether he ought to have a primacy of order as the successour of S. Peter and as a consequent thereof a right if he would content himself with it to summoÌ„ Councells when and where there are no Christian Soveraignes to doe it and to joyne with other Bishops in making spirituall Lawes or Canons such as the Apostles made and such as the primitive Bishops made before there were christiaÌ„ Emperours But then those Canons are the Lawes of the Church not of the Pope As those Canons in the Acts of the Apostles were the Lawes of the Apostolicall College The Apostles and Elders and Brethren not the Lawes of S. Peter Then their Lawes have no Coactive Obligation to compell Christians in the outward Court of the Church against their Wills or further then they are pleased to submit theÌ„selves All exteriour coactive power is from the Soveraigne Prince and therefore when and where Emperours and Kings are Christians to them it properly belongeth to summon Councells and to confirm their Canons thereby making them become lawes Because Soveraign Princes onely have power to License and Command their Subjects to Assemble to assign fit places for their Assembling to protect them in their Assemblyes and to give a Coactive power to their Lawes without which they may doe their best to drive away Wolves and to oppose Heriticks but it must be with such Armes as Christ had furnished them withall that is persuasions Prayers Teares and at the most seperating them from the Communion of the faithfull and leaving them to the Iudgement of Christ. The Controversy is then about new upstart Papall Lawes either made at Rome such are the decretalls of Gregory the ninth Boniface the eighth Clement the fifth and succeeding Popes Or made in England by Papall Legates as Otho and Othobone Whether the Pope or his Legates have power to make any such Lawes to bind English Subjects and compell them to obey them against their Wills the King of England contradicting it The first time that ever any Canon of the Bishop of Rome or any legislative Legate of his was attempted to be obtruded upon the King or Church of England was eleven hundred yeares after Christ. The first Law was the Law against taking Investitures to Bishopricks from a Lay hand And the first Legate that ever presided in an English Synod was Iohannes Cremensis of both which I have spoken formerly Observe Reader and be astonished if thou hast so much faith to believe it That the Pope should pretend to a legislative power over British and English Subjects by divine right and yet never offer to put it in execution for above eleven hundred yeares It remaineth now to prove evidently that Henry the eighth by his Statute made for that purpose did not take away from the Bishop of Rome any Privilege which he and his Predecessors had held by Inheritance from St. Peter and been peaceably possessed of for fifteen hundred yeares But on the contrary that eleven hundred yeares after St. Peter was dead the Bishops of Rome did first invade the right of the Crown of England to make Lawes for the externall Regiment of the Church which the Predecessors of Henry the eighth had enjoyed peaceably untill the dayes of William Rufus nemine contradicente And that the Kings Lawes were evermore acknowledged to be true Lawes and obligatory to the English Subjects but that the Popes decrees were never esteemed to be binding Lawes in England except they were incorporated in to our Lawes by the King and Church or Kingdome of England Whence it followeth by irrefragable consequence that Henry the eighth was not the Schismatick in this particular but the Pope and those that maintain him or adhere to him in his Vsurpations First for the Kings right to make Lawes not onely concerning the outward RegimeÌ„t of the Church but even coÌ„cerning the Keys of Order and jurisdiction so far as to oblige them who are trusted with that power by the Church to doe their dutyes it is so evident to every one who hath but cast his Eyes upon our English Lawes that to bestow labour on proving it were to bring Owles to Athens Their Lawes are extant made in all Ages concerning faith and good Manners Heresy Holy Orders the Word the Sacraments Bishops Priests Monkes the Privileges and Revenues of Holy Church Marriages Divorces Simony The Pope his SenteÌ„ces his oppressions and usurpations Prohibitions Appeales from Eeclesiasticall judges and generally all things which are of Ecclesiasticall Cognifance and this in those times which are acknowledged by the Romanists themselves to have been Catholick More then this they inhibited the Popes own Legate to attempt to decree any thing contrary to the Kings Crown and dignity And if they approved the decrees of the Popes Legates they confirmed them by their Royall Authority and so incorporated them into the Body of the English Lawes Secondly that the Popes decrees never had the force of Lawes in England without the Confirmation of the King Witnesse the decrees of the Councell of Lateran as they are commonly called but it is as cleare as the day to any one who readeth the eleveÌ„th the six and fortieth and the one and sixtieth Chapters that they were not made by the Councell of Lateran but some time after perhaps not by InnoceÌ„t the third but by some succeeding Pope For the author of them doth distinguish himself expresly from the Councell of Lateran It was well provided in the Councell of Lateran c. But because that statute is not observed in many Churches we confirming the foresaid statute doe adde c. Again It is known to have been prohibited in the councel of Lateran c. But we inhibiting the same moro strongly c. How soever they were the Popes decrees but never were received as Lawes in England as wee see evidently by the third Chapter That the Goods of Clergimen being convicted of Heresy be forfeited to the Church That all Officiers Secular and Ecclesiasticall should take an Oath at their Admission into their Office to their power to purge their Territories from Heresy That if a Temporall Lord did neglect being admonished by the Church to purge his Lands from Heresy he should be excommunicated And if he contemned to satisfy within a yeare the Pope should absolve his Subjects from their Allegiance And by the three and fortieth Chapter That no Ecâ—â—â—siasticall person be compelled to swear allegiance to a Lay man And by the six and fortieth Chapter that Ecclesiasticall persons be free from taxes Wee never had any such Lawes all Goods forfeited in that kind were ever confiscated to the King We never had any such Oaths Every one is to answer for himself We know
Clarendon by the Popes Mandate they had interdicted the Lands of Earl Hugh and had published an Excommunication without the Kings License which the Pope had given out against him All these Lawes continued still in force and were never repealed in England neither before Henry the eighth began the reformation nor since by Queen Mary but have ever continued iu full force untill this day Lastly for Legates and Legantine courts there could be no Appeale in Eugland to any Legate or Nuncio without the Kings leave but all Appeales must be from the Archdeacon to the Bishop from the Bishop to the Archbishop from the Archbishop to the King as we see expresly by the statute of Assise of Clarendon formerly cited The Kings of England did ever deem it to be an unquestionable right of the Crown as Eadmerus testifieth to suffer none to excercise the Office of a Legate in England if the King him self did not Desire it of the Pope upon some great quarrell that could not be so well Determined by the Arch-bishop of Canterbury and the other Bishops Which Privilege was consented unto by Pope Calixius By the Lawes of England if a Legate was admitted of Courtesy he was to take his Oath to doe nothing Derogatory to the King and his Crown Henry the sixth by the counsaile of Humphry Duke of Gloster the Protector protested against Pope Martin and his Legate that they would not admit him contrary to the Lawes and Libertyes of the Realm and dissented from whatsoever he did And when the Pope had recalled Cardinall Pooles Commission of Legate for England and was sending another Legate into England Queen Mary being very tender of her Kinsmans Honour for all her good affection to Rome was yet mindfull of this point of old English Law to cause all the Seaports to be stopped and all Letters Briefs and Bulls from Rome to be intercepted and brought to her Shee knew this was an old English not a new protestant Privilege Neither would she ever admit the new Legate to appeare as Legate in her presence Now let us see how these old English Customes doe agree with the French Liberties The Pope cannot send a Legate a latere into France with power to Reform Iudge Collate dispense except it be upon the desire or with the Approbation of the most Christian King Neither can the Legate execute his Charge untill he hath promised the King under his Oath upon his holy Orders to make no longer use of the Legantine power in the Kings Dominions then it pleaseth him That he shall attempt nothing Contrary to the Liberties of the Gallicane Church And it is lawful to Appeale from the Pope to a future Councell Another Liberty is The Commissions and Bulls of Popes are to be viewed by the Court of Parliament and registred and published with such Cautiōs as that Court shall Iudge expedient A third Liberty is Papall Bulls Sentences Excommunications and the like are not to be executed in France without the Kings command or Permission Lastly neither the King nor his Realm nor his Officers can be Excommunicated nor Interdicted by the Pope And as England and France so all the seventeen Provinces did enjoy the same Privileges as appeareth by the Placaet of the Councell of Brabant dated at Bruxelles May 12 An. 1653. Wherein they declare that it was notoriously true that the subjects of those Provinces of what State or Condition soever that is the Clergy as well as the Laity cannot be cited or convented out of the Land no not before the Court of Rome it self And that the Censures Excommunications c of that Court might not be published or put in execution without the Kings Approbation It seemeth that if the Pope had any judiciary power of old he must seek it nearer Home People had no mind to goe over the Alpes to seek for Justice And that Ordinance of Sainct Cyprian had place every where among our Ancestours Seing it is decreed by all and it is equall and just that every mans cause be heard there where the Crime was committed and a Portion of the Flock is assigned to every Pastor which he may rule and govern and must render an account of his Actions to the Lord It behoveth those whom wee are over not to run up and down nor to knock Bishops who agree well one◠against another by their Cunning and deceitfull Rashnesse but to plead their Cause there where they may have both Accusers and Witnesses of their Crime Vnlesse the Authority of the African Bishops who have Iudged them already seem lesse to a few desperate and lost persons c. To say S. Cyprian meant not to condemne appeales but onely the bringing Causes out of Africk to Rome in the first Instance is a shift as desperate as that of those Fugitives For St. Cyprian telleth us plainly that the cause was already Iudged and sentence given in Africk The first Instance was past and this Canon was made against Appeales out of Africa to Rome Sect I. Cap VIII So from his Iudiciary power I come to Papal dispensations the last of the grosser Vsurpations of the Bishops of Rome Where I have a large Field offered me to expatiate in if I held it so pertinēt to the present Controversy The Pharisees did never dilate their Philacteries so much as the Roman Courtiers did their dispensative power The Pope dispenseth with Oathes with Vowes with Lawes he looseth from Sinnes from Censures from Punishments Is not this a strange Key which can unlock both sinnes and censures and Punishments and Lawes and Oaths and Vowes where there are so many and so different wards It is two to one that it proveth not a right Key but a Picklock Their doctrin of Dispensations was foule enough especially in such cases as concern the Law of God or Nature as Oaths Vowes Leagues Marriages Allegiance For either they make the dispensation to be onely Declarative and then the Purchaser is meerly Cheated who payes his money for nothing Or else they make all Contracts Leagues promises to be but Conditionall If the Pope approve them which destroyeth all mutuall trust and humane Society Or thirdly they make the Popes Dispensations to be a taking away of the matter of the Vow or Oath that is the Promise as if the Papall power could recall that which is past or make that to be undone to day which was done yesterday or that not to be promised which was promised Or lastly they doe dispense with the Law of God and Nature as they doe indeed what soever they pretend to the Contrary or all this kind of dispensations signify nothing But the Practise of Dispensations was much more foule Witnesse their Penitentiary Taxe wherein a man might see the Price of his Sin before hand Their common Nundination of Pardons Their absolving Subjects from their Oaths of Allegiance Their loosing of Princes from their solemne Leagues of Married people from the Bonds of
Matrimony of Cloysterers from their Vowes of Celibate of all sorts of persons from all Obligations Civill or sacred And whereas no Dispensation ought to be granted without just cause now there is no cause at all inquired after in the Court of Rome but onely the Price This is that which the nine choise Cardinalls laid so close to the conscience of Paul the third How Sacred and Venerable the Authority of the Lawes ought to be how unlawfull and pernicious it is to reape any gaine from the exercise of the Keys They inveigh sadly throughout against dispeÌ„satioÌ„s and among other things that Simoniacall persons were not affraid at Rome first to commit Simony and presently to goe buy an AbsolutioÌ„ and so reteine their Benefice Bina Venena juvant Two grosse Simonies make a title at Rome Thankes to the Popes dispensations But I must contract my discourse to those Dispensations which are intended in the Lawes of Henry the eight that is the power to dispense with English Lawes in the Exteriour Court Let him bindor loose inwardly whom he will whether his Key erre or not we are not concerned Secondly as he is a Prince in his own Territories he that hath power to bind hath power to loose He that hath power to make Lawes hath power to dispense with his own Lawes Lawes are made of Common Events Those benigne Circumstances which happen rarely are left to the dispensative Grace of the Prince Thirdly as he is a Bishop whatsoever dispensative power the ancient Ecclesiasticall Canons or Edicts of Christian Emperours give to the Bishop of Rome within those Territories which were subject to his Iurisdiction by Humane right we do not envy him So he suffer us to enjoy our ancient Privileges and Immunities freed from his encroachments and Vsurpations The Chief ground of the Ancient Ecclesiasticall Canon was Let the Old Customes prevaile A Possession or Prescription of eleven hâ—ndred yeares is a good ward both in Law and Conscience against humane Right and much more against a new pretense of divine right For eleven hundred yeares our Kings and Bishops enjoyed the â—ole dispensative power with all English Lawes Civill and Ecclesiasticall In all which time he is not able to give one Instance of a Papall Dispensation in England nor any shadow of it when the Church was formed Where the Bishops of Rome had no Legislative power no Iudiciary power in the Exteriour Court by necessary consequence they could have no Dispensative power The first reservation of any Case in England to the Censure and absolution of the Pope is supposed to have been that of Albericus the Popes Legate in an English Synod in the yeare 1138. Neque quisquam ei praeter Romanum Pontificem nisi mortis urgente periculo modum paenitenttae finalis injungat Let no man injoyn him the manner of finall Pennance but the Bishop of Rome except in danger of death But long before this indeed from the beginning our own Bishops as the most proper Iudges who lived upon the place and see the nature of the Crime and the degree of the Delinquents Penitence or Impenitence did according to equity relaxe the rigour of Ecclesiasticall Canons as they did all over the Christian world before the Court of Rome had usurped this gainfull Monopoly of Dispensations In the Lawes of Alured alone and in the conjoint Lawes of Alured and Guâ—thrun we see how many sortes of Ecclesiasticall crimes were dispeÌ„sed withall by the sole authority of the King and Church of England and satisfaction made at home to the King and to the Church and to the Party grieved or the Poore without any manner of reference at all to the Court of Rome or to any forrein Dispensation The like we find in the the lawes of some other Saxon Kings There needed no other paenitentiary taxe Dunstan the Arch-Bishop had Excommunicated a great Count He made his Peace at Rome and obteined the Popes Commaund for his restitution to the bosome of the Church Dunstan answered I will obey the Pope willingly when I see him paenitent But it is not Gods will that he should lie in his sinne free from Ecclesiasticall discipline to insuâ—t over us God forbid that I should relinquish the law of Christ for the cause of any mortall man Roman dispensations were not in such Request in those daies The Church of England dispensed with those Nunnes who had fled to their Nunneries not for the love of religioÌ„ but had takeÌ„ the veile upon them meerly for feare of the French and this with the counseile of the King in the daies of Lanfranke and with Queene Maud the wyfe of HeÌ„ry the First in the like case in the daies of Anselme without any suite to Rome for a forreine dispensatioÌ„ There can be nothing more pernicious then where the sacred Name of Law is prostituted to avaricious ends Where Statutes or Canons are made like Pitfals or Traps to catch the Subjects by their purses where profitable faults are cherished for private Advantage by Mercinary Iudges as beggers doe their sores The Roman Rota doth acknowledge such ordinary avaricious Dispensations to be Odious things The Delected Cardinalls make them to be sacrilegious things an unlawfull selling of the power of the Keys Commonly they are called Vulnera Legum The woâ—nds of the Lawes And our Statutes of Provisers doe stile them expresly the undoing and Destruction of the Common Law of the Land The King the Lords Spirituall and Temporall and the whole Common wealth of England complained of this abuse as a mighty Grievance Of the frequent comming among them of this infamous Messenger the Popes Non Obstante that is his Dispensations by which Oaths Customes Writings Grants Statutes Rights Privileges were not onely weakened but exinanited Sometimes these Dispensative Bulls came to legall Tryalls and were condemned By the Law of the Land the Arch-Bishop of Canterbury was Visiter of the Vniversity of Oxford Boniface the eyght by his Bull dispeÌ„sed with this law and exeÌ„pted the Vniversity from the Iurisdiction of the Arch-Bishop Whereupon there grew a Controversy and the Bull was decreed voide in Parliament by two succeding Kings as being obtained to the Prejudice of the Crown the weakning of the Lawes and Customes of the Kingdome in favour of Lollards and hereticks and the probable Ruine of the said Vniversity How the Liberties of France and the Lawes and Customes of England doe accord in condemning this Vsurpation wee have seen formerly The power of the Pope is not absolute in France but limitâ—ed and restrained by the Canons of Ancient Councells If it be Limitted and restrained by Ancient Canons then it is not Paramount above the Canons then it is not dispensative to give Non Obstante's to the Canons And the Popes Legate may not execute his Commission before he have promised under his Oath upon his holy Orders that he will not attempt any thing in the exercise of his Legantine power to
our Church witnesse the Professions of King Iames witnesse all our Statutes themselves wherein all the parts of Papall power are enumerated which are taken away His Entroachments his Vsurpations his Oaths his Collations Provisions Pensions Tenths First fruits Reservations Palls Vnions Commendams Exemptions Dispensations of all kinds Confirmations Licenses Faculties Suspensions Appeales and God knoweth how many pecuniary Artifices more but of them all there is not one that concerneth Iurisdiction purely Spirituall or which is an essentiall right of the power of the Keys They are all Branches of the Externall Regiment of the Church the greater part of them usurped from the Crowne sundry of them from Bishops and some found out by the Popes themselves as the payment for Palls which was nothing in S. Gregoryes time but a free gift or liberality or bounty free from imposition and exaction Lastly consider the grounds of all our grievances expressed frequently in our Lawes and in other writers The disinheriting of the Prince and Peers The destruction and Anullation of the Lawes and the Prerogative Royall The Vexation of the King Liege people The impoverishing of the Subjects the draining the Kingdome of its treasure The decay of Hospitality The disservice of God And filling the Churches of England with Forreiners The excluding Temporall Kings and Princes out of their Dominions The Subjecting of the Realm to spoil and ravine grosse Simoniacall contracts Sacrilege Grievous and intolerable oppressioÌ„s and extortions Iurisdiction purely Spirituall doth neither disinherit the Prince nor the Peers nor destroy and anull the Lawes and Prerogative royall nor vex the Kings Liege people nor impoverish the Subject nor draine the Kingdome of its Treasures nor fill the Churches with Forreiners nor exclude Temporall Kings out of their Dominions nor subject the Realm to spoile and Ravine Authority purely spirituall is not guilty of the decay of Hospitality or disservice of Almighty God or Simony or Sacrilege or oppressions and extortions No No it is the externall regiment of the Church by new Roman Lawes and Mandates by new Roman Sentences and Iudgements by new Roman Pardons and dispensations by new Roman Synods and Oaths of Fidelity by new Roman Bishops and Clerkes It is your new Roman Tenths and First fruits and Provisions and Reservations and Pardons and Indulgences and the rest of those horrible mischiefs and damnable Customs that are apparently guilty of all these evills These Papall Innovations we have taken away indeed and deservedly having shewed the expresse time and place and person when and where and by whom every one of them was first introduced into England And we have restored to every Bird his own Feather To the King his Politicall Supremacy to the Peers their Patronages to the Bishops that Iurisdiction which was due to them either by Divine right or Humane right More then these Innovations we have taken nothing away that I know of Or rather it is not wee nor Henry the eighth who did take these Innovations away but our Ancesters by their Lawes three foure five hundred yeares old so soone as they began to sprout out or indeed before they were well formed as their Statutes yet extant doe evidence to the world But that filth which they swept out at the Fore doore the RomaÌ„ Emissaryes brought in again at the back doore All our part or share of this worke was to confirm what our ancesters had done I see no reason why I might not conclude my discourse upon this Subject Mutatis Mutandis with as much Confidence as Sanders did his visible Monarchy Quisquis jurabit per Viventem in aeternum c. Whosoever shall sweare by him that liveth for ever that the Church of England is not Schismaticall in respect of any Branches of Papall power which shee hath cast out at the Reformation he shall not forswear himself But Wagers and Oaths and Protestations are commonly the Arguments of such as have got the wrong end of the staffe I will shut up this long Discourse concerning Henry the eighths Reformation with a short Apostrophe to my Countrymen of the Roman Communion in England They have been taâ—ght that it is we who Apostate from the Faith of our Ancesters in this point of the Papacy that it is we who renounce the Vniversall and perpetual Tradition of the Christian world Whereas it is we who maintain ancient Apostolicall Tradition against their upstart Innovations whereas it is we who doe propugne the Cause of our Ancesters against the Court of Rome If our Ancesters were Catholick in this Cause we cannot be Schismaticall Let them take heed least whilst they fly oâ—t of a Panicall Feare from a supposed Schisme they doe not plunge themselves over head and eares into reall Schisme Let theÌ„ choose whether they will joine with their Ancesters in this cause or with the Court of Rome for with both they cannot joine If true English blood run in their veins they cannot be long deliberating about that which their Ancesters even all the Orders of the Kingdome voted unanimously That they would stand by their King and maintaine the rights of his Imperiall Crown against the Vsurpations of the Roman Court. I have represented clearly to you the true Controversy betweeÌ„ the Church and Kingdome of England and the Court of Rome concerning Papall power not as it is stated by private writers but in our English Lawes a glasse that cannot deceive us for so farre as to let us see the right Difference Let them quit these grosse Vsurpations Why should they be more ashamed to restore our lust rights then they were to plunder us of them Let them distinguish between Iurisdiction purely Spirituall and Iurisdiction in the exteriour Court which for the much greatest part of it is Politicall between the power of the Sword which be longeth to the Civill Soveraign and not to the Church further then he hath been graciously pleased to communicate it between that Obedience with procedeth from feare of wrath or from feare of Gods Revenger to execute wrath that is the Soveraign Prince and that Obedience which proceedeth meerly from conscience And then there is hope we may come to understand one another better It is true there are other Differences between us but this is the main Difference which giveth Denomination to the Parties And when they come to presse those Differences they may come to have such another account as they have now The wider the hole groweth in the middle of the Milstone Men see clearer through it Dies Diei eructat verbum nox nocti indicaâ— Scientiam The latter day is the Schollar of the former Sect. I. Cap. X. BY this time wee see that Mr. Serjeants great Dispatch will prove but a sleevelesse Errand and that his First Movership in the Church which he thought should have born down all before it is an unsignificant expression and altogether impertinent to the true Controversy between them and us Vnlesse as Dido did encompasse the
the Lawes and histories of his native Country If he had perused them diligently he might have observed how the Court of Rome and Crown of England were long upon their Gards watching one another and the one or the other gained or lost mutually according to the Vigour of their present Kings or Popes or according to the exigence of the times His seventh Objection that the like Lawes to ours in England were made in the Papacy it self but those could not be against the Popes Headship of the Church and his tenth Objection that then there never was a Papist Country in the world because equivaleÌ„t Lawes to ours were made in France Spaine Italy Sicily Gormany Poland c and his answer to my demand what law full Iurâ—sdiction could remaine to the Pope in England where such and such Lawes had force The same that remaines still to him in France Spaine Italy where the like lawes are in force in his last paragraph are a dish of unsavoury mushromes all sprung up from his own negligent mistake or wilfull Falsification let him chuse whether he will in confounding the Lawes of Mortmain with the other Lawes against the Popes Vsurpations Which I distinguished exactly both at the beginning of that discourse the Statute of Mortmain justified and at the Conclusion But to leave this Digression But besydes this grosse errour there want not other inconsequences and fallacies in his discourse as in his seventh Objection from the Popes particular Headship of his own Church to an Vniversall Headship over the Catholick Church and from an Headship of order to a Monarchicall Headship of power and in his tenth Objection from like lawes to the same Lawes from Lawes made to Lawes duely observed We had Lawes made against Non-conformists in England will he conclude thence that we have no Non-conformists in England the Argument would hold better the Contrary way Ex malis moribus bonae leges And in his last Paragraph from Coactive Iurisdiction in the Exteriour Court to Iurisdiction purely Spirituall in the Court of Conscience and from Coactive Iurisdiction with the leave of the Prince to the same without Leave Wee see all Roman Catholick Countries doe stint the Popes Coactive Iurisdiction over their Subjects more or lesse according to their severall Liberties which they could not doe at all if he held it by Christs own Ordination His eighth Objection that upon this new Law made by Henry the eighth England stood at another distance then formerly from Rome is a Fallacy non causae pro causa when a false cause is assigned for a true cause Our just Lawes are not the right cause of our distance from Rome but the Popes unjust Censures and that Character which some of our Countrimen give of us But this distance is greater among the Populacy then between the Estates who do not much regard the Popes Censures either in making or observing of Leagues To his ninth Objection in his order and his last in my order that this Posiâ—â—on takes away the Question and makes all the Controvertists in England on both sides talke in the aire because it makes the Pope to have had no Authority there to be cast out I answer I wish it did but it doth not The Pope had Authority there and Authority usurped fit to be cast out notwithstanding our former good Lawes But yet I must confesse this Position doth much change the Question from spirituall Iurisdiction in the inner Court to Coactive Iurisdiction in the exteriour Court and makes him and many other such Controvertists talk in the aire who dispute onely about Headships and First Moverships when the true Controversy lieth in point of Interest and profit Sect. 4. That the Britannick Churches were ever exempted from forrein Iurisdiction for the first six hundred years and so ought to continue After I had shewed the Equality of the Apostles except onely a Priority of Order and that the Supremacy of power did not rest in any single Apostolicall College that Nationall Patriarchs were the highest Order constituted by the Apostles in the Church and how some Patriarchs came to be advanced above others with the true dignity or Preheminence of Apostolicall Churches the summe of all the rest of this Section might be reduced to a Syllogisme Those Churches which were exempted from all forrain Iurisdiction for the first 600 years cannot be subjected to any forrain Iurisdiction for the future against their own wills But all the Britannick Churches were ever exempted from forrain Iurisdiction for the first six hundred yeares The Major Proposition was proved by me undeuiably out of the first Generall Councell of Ephesus to which Mr. Serjeant hath objected nothing Next I proved the Minor First by Prescription Affirmanti incumbit probatio The burthen of the proofe in Law resteth upon the Affirmer but they are not able to shew so much as one single act of Iurisdiction which ever any Bishop of Rome did in Brittaign for the first six hundred yeares Secondly I proved it from the Antiquity of the Britannick Church which was ancienter then the Roman it self and therefore could not be subject to the RomaÌ„ from the beginning Thirdly because the Britannick Churches sided with the Eastern Churches against the Roman and therefore were not subject to the Roman Foâ—rthly because they had their Ordinations ordinarily at home which is an infallible sign of a free Church subject to no Forrein Iurisdiction Lastly because they renounced all Subjection to the Bishop of Rome I am forced to repeat thus much to let the Reader see the contexture of my discourse which Mr. Serjeant doth whatsoever he can to conceale or at least to confound and disjoint Out of this he picketh here and there what he pleaseth First he pleadeth that my Title is the Vindication of the Church of England but the Church of England can derive no title from the Britannick or Scottish Churches He never read or quite forgetteth the State of the QuestioÌ„ I will help his memory Let him read the Vindication by the Church of England we understand not the English Nation alone but the English dominion including the British and Scotish or Irish Christians So at unawares he hath yielded the Bishopricks of Chester Hereford Worcester for all these were Suffragans to Carleon Wales Cornwall Ireland Scotland with all the adjacent Ilands that is to say two third parts of the English Dominion Secondly he pleadeth that for this many hundred yeares they acknowledged the Popes Authority as well as the Church of England I answer that this will doe him no good nor satisfy the Generall Councell of Ephesus at all which hath decreed expresly in the case of the Cyprian Prelates and they Command the same to be observed in all Provinces that no Bishop occupy another Province which formerly and from the beginning was not under the power of him or his Predecessors and if any doe occupy another Province that in this case let him restore it
power to name and constitute two and thirty Commissioners sixteen of the Clergy and other sixteen of the Peers and Parliament to view the Ecclesiasticall Lawes of the Kingdome and declare which were fit to be retained and which were to be abrogated The same Law is confirmed and enlarged The Sixth Law restreineth the payment of Tenths and First Fruits to the Bishop of Rome And prescribeth how Arch-bishops Bishops c. are to be elected and consecrated within the Realm without payment of any thing to Rome for Bulls and Pals c. The seventh law is an Act of Eâ—oneration of the Kings subjects from exactions and impositions heretofore paid to the See of Rome for Pensions Peterpence Licenses Dispensations Confirmations faculties c. and for having licenses and dispensations within the Realm without further suing for the same As being Vsurpations coâ—trary to the law of the land The eighth Act is Concerning the Kings Highnesse to be supreme Head of the Church of England that is Politicall head and to have Authority to redresse all Errours Heresies and Abuses in the same That is to say with externall Coactive Iurisdiction Wee never gave our Kings the power of the Keys or any part of either the Key of Order or the Key of Iurisdiction purely Spirituall but onely that Coactive power in the externall Regiment of the Church which their Predecessors had alwayes enjoyed The Ninth Act is for the annexing Tenths and first fruits to the Crown for the better supportation of the Burthens of the Commouwealth The tenth Act is au Act extinguâ—shing the Authority of the Bishop of Rome or extirpating it out of this Realm That is Not the Bishop of Romes Primacy of Order Not his beginning of Vnity Not that respect which is dne to him as Bishop of an Apostolicall See If he have not these it is his own fault This is not our quarrell It is so far from it that wee do not envy him any just legacies of Christian Emperours or Generall Councells But that which our Ancestors did extinguish and endeavour to extirpate out of England was the Popes externall Coactive power over the Kings Subjects in foro contentioso as wee shall see by and by when we come to state the quarrell rightly between us After this Act there followed au eleventh Act made for corroborating of this last Act to exclude the usurped power and Iurisdiction of the Bishops of Rome And both these Acts are backed with new Oaths as those times were fruitfull of Oaths such as they were The last Act of any moment was an Act of Ratification of the Kings Majestjes Style of Supreme head of the Church of England making it treason to attempt to deprive the King of it But as well the eighth Act which gave the King that title of the Head of the Church as this twelfth Act which makes it treason to attempt to deprive the King of it are both repealed and never were restored So are likewise the tenth Act of extinguishing the Authority of the Bishop of Rome and the eleventh act made for corroboration of that Act with both their Oaths included in them All that hath been added since of moment which concerneth the Bishop of Rome is one Act Restoring to the Crown the ancient Iurisdiction over the State Ecclesiasticall and Spirituall and abolishing all forrain power repugnant to the same Here is no power created in the Crown but onely an ancient Iurisdiction restored Here is no forrein power abolished but onely that which is repugnant to the ancient Lawes of England and to the Prerogative Royall In a word here is no power ascribed to our Kings but meerly Politicall aud Coactive to see that all their Subjects doe their Dutyes in their severall places Coactive power is one of the Keys of the Kingdome of this world it is none of the Keys of the Kingdome of Heaven This might have been expressed in Words lessé subject to exception But the case is clear The Grand Act xxv Hen. 8. cap. 12 The Injunctions of Queen Elizabeth The Articles of our Chutch Art 37. doe all proclaime that this power is merely Politicall Christ gave St. Peter a Commission to preach to baptise to bind and loose in the Court of Conscience but where did he give him a Commission to give Licenses to grant Facultyes to make Lawes to dispense with lawes to receive appeales to impose Tenths and First fruits in other mens Kingdomes whether the right owner will or no Who gave him power to take other mens Subjects against their Wills to be his Officers and Apparitors That is more power then Christ himself did challenge here upon Earth And now Reader take a Stand and looke about thee See among all these Branches of Papall power which were cast out of England if thou caust find either of St. Peters Keys or his Primacy of Order or his Beginning of Vnity or anything which is purely Spirituall that hath no further influence then merely the Court of Conscience No but on the other side behold a pack of the grossest Usurpations that ever were hatched and all so late that is was above a thousand years after the death of S. Peter be fore any of his pretended Privileges did see the sun in England observe them one by one The first is a power to dispense with English Subjects for holding Plurality of Benifices contrary to the Lawes of England And for non Residents contrary to the Statutes of the Realm It had been much to have made Merchandise of his own Decrees but to Dispense with the Lawes of the Land Non auderet haec facere Viduae mulieri He durst not doe so much to a poore widow woman as he did to the Church and Kingdome of England to dispense with their Lawes at his pleasure It is but vain for the Flower of our Kingdome to assemble aud consult about healthfull Lawes if a Forrainer have power to dispense with the breach of them as it seemeth good in his Eyes They might as well sit them downquietly fall to pilling of rushes The second Branch of Papall power which was Excluded out of England was the Popes Iudiciary power I doe not mean in Controversies of Faith when he is in the Head of a councell Yet Eugeniur the fourth confesseth that in points of Faith the sentence of the councel is rather to be atteÌ„ded theÌ„ the sentence of the Pope But I mean in points of meum and tuum not onely in some rare cases between Bishop and Bishop which had been lesse intollerable and had had more shew of Iustice but generally in all cases promiscuously as if the whole nation wanted either discretion or Law to determin their own differences at home without the help of the Roman Courtier tosqueese their purses It was not Henry the eighth but the old Lawes of England which gave them this blow against Appeales to Rome The third Branch of papall
them cited at large by King Iames in his Apology for the Oath of A legiance But these Oaths land Homages and Regal Investitures as thâ—y were a Bond of Peace and Vnity between the King and his Clergy so they were a great Eyesore to the Bishops of Rome because they crossed their maine Designe to make them selves the onely Liege Lords of the Ecclesiasticks As appeareth by that severe Check which Adrian the fourth gave Frederick the first for Requiring Homage and Fealty of Bishops who are Gods and for holding their sacred hands in his hands It staied not here That Homage and Oath of Fidelity which Gregory the seventh and Calixtus did rob the King of their immediate Successour Paschalis the second did assume to himself as wee find by the unanimous consent of all Historiographers and by the Canon of Paschalis himself recorded by Gregory the ninth Significasli c. Thou signifiedst that Kings and the Peers of the Kingdome were moved with Admiration because the Pall was offered to Thee by our Apocrisiaries upon Condition to take that Oath which they brought Thee written from us c. The Admiration sheweth the novelty of it He confesseth there that the Oath was not established by the Canon of any councell but by Papall Authority and â—ustifieth it For feare of further evill That is Apostaring from the ObedieÌ„ce due to the Apostolick See The very Title doth assure us that it was an Oath of Fidelity and Obedience What manner of assurance can Soveraign Princes promise themselves of those Subjects who have sworn Allegiance and Obedience to a forrein Prince This Form at First was modest and moderate bounding the Obedience of Arch-Bishops by the Rules of the holy Fathers as wee find in the old Roman Pontificall but it was quickly changed from Regulas Sanctorum Patrum to Regalia Sancti Petri as wee find in the new Pontificall The Change in Letters was not great but in the Sense abhominable Semel falsus semper praesumitur falsus He who is apprehended in palpable forgery is alwayes deservedly suspected of forgery With what Face can Mr. Serjeant tell us that where the Method of immediate Tradition hath place it is impossible for encroachments to gaine Admittance Where were see such Hocus Pocus tricks plaid before our eyes in their Pontificall Bellarmine would perswade us that in St. Gregory the firsts time there was such an Oath of Obedience fully made to the Bishop of Rome But he doth either abuse him self or seeketh grossely to abuse us First the Oath mentioned in Saint Gregory was not an Oath of Obedience or allegiance but promissio cujusdam Episcopi haeresim suam anathematiz aniâ—s A promise of a Certeine Bishop anathematizing his haeresy or an Oath of abjuration Secondly the Oath mentioned by Saint Gregory was not imposed by his authority but taken freely by the converted Bishop to satisfie the world and to take away all suspicion of Hypocrisy ne non pura mentâ— seu simulate reversus existimer dictated to his owne Notary by the advise of his Clergy Notario meo cum consensu presbyterorâ—m Diaconorum atque Clericorum scribendum dictavi It was no Common Case of all Bishops neither did it comprehend any such obligation to mainteine the praetended royallties of S. Peter And as they extended the matter of their Oath so they did the Subject about an hundred yeares after in the time of Gregory the niuth enlarging it from Arch-Bishops to all Prelates Bishops Abbats Priors And now what remaines but to cry up the Authority of the Canons above all Imperiall Lawes Cedant Arma Togae concedat Laurea Linguae As Bellarmine doth who denyeth the superiority of Princes above Clergymen Principes Seculares respectu Clericorum non sunt Principes Princes are no Princes of Clerkes c. Politicall lawes have no coactive obligation over Clerkes but onely directive The Civill lawes of Emperours must give place to the Canons of Popes What new Monster is this To receive Protection from the Lawes of Princes aud to acknowledge no Subjection to the Lawes of Princes If Princes should put Church men out of their ProtectioÌ„ as Bellarmine exempts them from all Coactive Obligation to the Lawes of Princes They would quickly find their Errour It is an honour to Princes to preserve to Church men their old Immunities but is it a Shame to Churchmen like Swine to eat the Fruit aud never looke up to the Tree from whence it falleth Wee have viewed the spoile Committed evidently when and by whom He whose office it was to praeserve all others from spoile could not preserve himself It is a Rule in Law Ame omnia Spoliaâ—us restiâ—ui debet Before all other things he that is spoiled ought to be restored to his Right And our old English Lawes are Diametrally opposite to these new Papall Vsurpations in all the parts of them First though the Kings and Kingdome of England were alwayes carefull to preserve the Privileges of Holy Church In all our Great Charters that was the first thing was taken Care for yet not as due by Divine Law and much lesse by the Lawes of the Pope which they never regarded but as Graces aud Privileges granted by the Kings of England aud therefore they excluded from benefit of Clergy such sort of delinquents as they thought fit as Proditores Traitours against the Person of the King Insidiatores viarum such as lay in wait to doe mischief upon the High-wayes Depopulatores agrorum such as depopulated the Land And the most severe Lawes that ever they made are the Statutes of Premunire and Provisors against Church-men for siding with the Bishop of Rome in his Vsurpations even to the forfeiture of their Goods and Lands their Losse of their Liberty and the putting them out of the Kings Protection Secondly our Lawes doe acknowledge every where that Homage and allegiance is alwayes due to the King from all Clergymen what soever Edward the first injoined all the Prelates upon their faith or Allegiance which they ought him They know no Fidelity or allegiance which is due to the Pope from any English man either Clergy man or Lay man but the just contrary that they are bound by their allegiance to fight for the King against the Pope for the redresse of these and such like Vsurpations In the fourteenth Yeare of Richard the second all the Spirituall Lords did answer unanimously That if any Bishop of England were excommunicated by the Pope for having executed the sentences and commandements of the King The same is against the King and his Crown And they will and ought to be with the King in these Cases lawfully and in all other Cases touching his Crown and his Regality as they be bound in their Allegiance Our Lawes know no Oath of Allegiance or Fealty due to any person but the King they make the King to be Advowee Paramont Supreme Lord and Patron Guardian Protector and Champion of thâ—
no such power in the Pope to absolve Subjects from their allegiance in our Law With us Clergymen did ever pay Subsidies and taxes as well as lay men This is one Liberty which England hath not to admit of the Popes Lawes unlesse they like them A second Liberty of England is to reject the Popes Lawes in plaine termes The Pope made a Law for the Legitimation of Children borne afore Matrimony as well as those borne in Matrimony The Bishops moved the Lords in Parliament that they would give their consent to the Common Order of the Church But all the Earles and Barons answered with one voice that they would not change the Lawes of the Realm which hitherto had been used and approved The Popes legislation could not make a Law in England without the concurrence of the three Orders of the Kingdome and they liked their own old Lawes better then the Popes new Law A Third Liberty of England is to give a legislative Interpretation to the Popes Lawes which the Pope never intended The Bishop of Rome by a constitution made at the Councell of Lions excluded Bigamists men twice Married from the Privilege of Clergy that is that should Marry the second time de futuro But the Parliament made an Act that the constitution should be understood on this wise that whether they were Bigamists before the constitution or after they should not be delivered to the Prelates but Iustice should be executed upon them as upon other Lay people Ejus est Legem Interpretari cujus est condere They that can give a Law a new sense may abrogate it if they please A fourth Liberty of England is to call the Popes Lawes Vsurpations Encroachments Mischiefs contrary to and destructive of the Municipall Lawes of the Realme derogatory to the Kings Regality And to punish such of their Subjects as should pursue them and obey them with Imprisonment with Confiscation of their Goods and Lands with outlawing them and putting them out of the Kings Protection Witnesse all those noble Lawes of Provisors and Premunire Which we may truely call the Palladium of England which preserved it from being swallowed up in that vast Gulfe of the Roman Court made by Edward the first Edward the third Richard the second and Henry the fourth All those Collations and Reservations and Provisions and Privileges and Sentences which are condemned in those Statutes were all grounded upon the Popesâ—Lawes and Bulls and Decrees which our Ancestors entertained as they deserved Othobon the Popes Legate in England by the Command of Vrban the fifth made a Constitution for the endowment of Vicars in Appropriations but it prevailed not whereas our Kings by two Acts of Parliament did easily effect it No Ecclesiastical Act is impossible to them who have a Legislative power but many Ecclesiasticall Acts were beyond the Sphere of the Popes Activity in England The King could make a spirituall Corporation but the Pope could not The King could exempt from the Iurisdiction of the Ordinary but the Pope could not The King could Convert Seculars into Regulars but the Pope could not The King could grant the Privilege of the Cistercians but the Pope could not The King could Appropriate Churches but the Pope could not Our Lawes never acknowledged the Popes plenitude of Ecclesiasticall power which was the ground of his legislation Euphemius objected to Gelasius that the Bishops of Rome alone could not condemne Acatius ab uno non potuisset damnari Gelasius answered that he was condemned by the Councell of Chalcedon and that his Predecessor was but the Executor of an old Law and not the Author of a new This was all the ancient Bishops of Rome did challenge to be Executors of Ecclesiasticall Lawes and not single Law makers I acknowledge that in his Epistle to the Bishops of Dardania he attributeth much to the Bishops of Rome wich a Councell but it is not in making new Lawes or Canons but in executing old as in the case of Athanasius and Chrysostome The Privileges of the Abby of Saint Austin in EnglaÌ„d granted by the Popes were condemned as null or of no validity because they were not ratified by the King and approved by the Peers William the Conquerer would not suffer any man within his Dominions to receive the Pope for Apostolicall Bishop but by his command nor to receive his letters by any meanes â—nlesse they were first shewed to him It is â—ikely this was in a time of Schisme when there were more Popes then one but is sheweth how the King did interest himself in the affaires of the Papacy that it should have no further influence upon his subjects then he thought fit He who would not suffer any man to receive the Popes letters without his leave would much less suffer them to receive the Popes lawes without leave And in his prescript to Remigius Bishop of Lincolneâ— know ye all Earles and Viscounts that I â—ave judged that the Episcopall or Ecclesiasticall lawes which have bene of force untill my time in the Kingdome of England being not well constituted according to the praecepts of the holy Canons should be amended in the common assembly and with the Counsaile of my Arch-Bishops and the rest of the Bishops and Abbats and all the Princes of my Kingdome He needed not the helpe of any forreine Legislation for amending Ecclesiasticall Canons and the externall regiment of the Church Now let us see whether the Libertyes of France be the same with our English Privileges The second Liberty is this The Spirituall Authority and power of the Pope is not absolute in Franee if it be not absolute then it is not singly Legislative but limited and restreined by the Canons and ancient Councells of the Church If it be limâ—ted by Ancient Canons then it hath no power to abrogate Ancient Canons by new Canons Their ancient Canons are their Ecclesiasticall Lawes as well as ours and those must be received in that Kingdome They may be excellent Advisers without reception but they are no Lawes without publick reception Canons are no Canons either in England or in France further then they are received The third Liberty is No Command whatsoever of the Pope Papall decrees are his chief Commands can free the French Clergy from their Obligation to obey the Commands of their Soveraign But if Papall power could abrogate the ancient Lawes of France it did free their Clergy from their Obedience to their Soveraign Prince The sixteenth Liberty is The Courts of Parliament have power to declare null and voide the Popes Bulls wheÌ„ they are found contrary to the Liberties of the French Church or the Prerogative Royall The twentieth Liberty The Pope cannot exempt any Church Monastery or Ecclesiasticall Body from the jurisdiction of their Ordinary nor erect Bishopricks into Arch Bishopricks nor unite them nor divided them without the Kings license England and France as touching their Liberties walk hand in hand To conclude the Popes
as he calleth them do not baffle him and trip up his heeles I pleaded that Roman Catholicks did make the first separation He answers that this Plea doth equally acquit any Villain in the World who insists in the steps of his Forefather Villains Would no expression lower then this of Villains serve his turâ—e Who can help it If those Forefathers whom he intimates were Villains or any thing like Villains they were his Forefathers twenty times more then ours We inherit but one point in difference from them but he twenty The denomination ought to be from the greater part If any of them were deemed more propitious to us then the rest it was Henry the eighth or Archbishop Cranmer For both these we have their own confession that they were theirs First for Henry the eight We had a King who by his Lawes abolished the Authority of the Pope although in all other things he would follow the faith of his Ancestours And for Archbishop Cranmer heare another of them Cranmer the unworthy Archbishop of Canterbury was his the Earle of Hartfords right hand and chiefe Assistant in the work although but a few moneths before he was of King Harries Religion yea a great Patron and Prosecuter of the six Articles But to deale clearly with you there is not the same reason to imitate a notorious knave in his confessed knavery and to follow one who hath not onely a reasonable and just cause of contending but also the reputation of an honest man even in the judgement of his adverse party in all other things except onely therein wherein he is adverse to them Such were all the Actors in this cause by their Confession If we acknowledged that they who cast out Papall Vsurpations were Schismaticks for so doing he said something but we justify their Act as pious and virtuous and so his Comparison hath never a leg to run on I pleaded that it was a violent presumption of their Guilt and our Innocence when their best Friends and best able to Iudge who preached for them and writ for them who acted for them and suffered for theÌ„ who in all other things were great Zelots of the Roman Religion and persecuted the poore ProtestaÌ„ts with fire and fagot yet coÌ„demne theÌ„ and justify this seperarioÌ„ He minceth what I say according to his use and then excepteth The word best might have been left out They ever were accounted better Friends who remained in their former faith and the other Bishops looked upon as Schismaticks by the Obedient party Yet the Bishop of Chalcedon doubted not to call them the best of Bishops He should do well to tell us for his credits sake who those other Bishops were who looked upon these as Schismaticks Such is his ignorance in the State of these times that he dreameth of two parties an Obedient Party and a Rebellious Party whereas there were no Parties but all went one way There was not a Bishop nor an Abbot of Note in the Kingdome who did not vote the Kings Supremacy Four and twenty Bishops and five and twenty Abbots personally at one time There was not a Bishop nor any person of note in the Kingdome who did not take the Oath of the Kings Supremacy except Bishop Fisher and S. Thomas Moore who were imprisoned for treason either true or pretended before that Act was made for opposing the Succession of the Crown If he will not trust me let him trust the Veredict of our Vniversities A length we all agreed unanimously in this Sentencâ— and were of one accord that the Roman Bishop hath no greater Iurisdiction given him by God in holy Scripture in this Kingdome of England then any other Forrain Bishop The same Sentence was given by our Convocations or Synods The same Sentence was given by our Parliaments with the same concord and Vnanimity Nemine Dissentiente We had no parties but one and all Let him listen to his Friend Bishop Gardiner No Forrain Bishop hath any Authority among us all sorts of people are agreed with us upon this point with most stedfast consent that no manner of person bred or brought up in England hath ought to doe with Rome And Ireland was unanimoâ—s herein with England All the great Families as well of the Irish as of the English did acknowledge by their Indentures to S. Anthony St. Leger then chiefe Governour of Ireland the Kings Supremacy and utterly renounce the Iurisdiction of the Pope Yet it was not the meaning of our Ancestours then and though some of them had been so minded it is not our meaning now to meddle with the power of the Keys or abridge the Bishop of Rome of any Iurisdiction purely spirituall or any Legacy which was left him by Christ or his Apostles but onely to cast out his usurped Coactive power in the exteriour Court without the leave of the Soveraign Prince which Christ and his Apostles did never exercise or dispose of or meddle with and to vindicate to our Kings the Politicall or externall Regiment of the Church by themselves and by their Bishops and other fit delegates as a Right due to all Christian Princes by the Law of God and nature But he attributeth all this to the Feare of the Clergy and the people and the Kings violent Cruelty and for proofe of what he saith citeth half a passage out of Doctor Hammond but he doth Dr. Hammond notorious wrong Dr. Hammond speaketh onely of the first preparatory act which occasioned them to take the matter of right into a serious debate in a Synodicall way he applieth it to the subsequent act of Renunciation after debate Dr. Hammond said onely it is easy to be believed Mr. Serjeant maketh it a just Presumption or confest Evidence Dr. Hammond speaketh of no feare but the feare of the law the law of Premunire an ancient law made many ages before Henry the eighth was borne the Palladium of England to preserve it from the Vsurpations of the Court of Rome but he misapplieth it wholy to the feare of he Kings violent Cruelty Lastly he smothers Dr. Hammonds Sense expressed clearly by himself that there is no reason to doubt but that they did believe what they did professe the feare being the Occasion of their debates but the reasons or Arguments offered in debate the causes as in all Charity we are to Iudge of their decision He useth not to cite any thing ingenuously If he did he could have told his Reader that this answer was taken away by me before it was made by him For two whole Kingdomes the Vniversities the Convocations the Parliaments to betray their Consciences to renounce an Article which they esteem necessary to salvation onely for the feare of a Premunire or the losse of their goods to forswear themselves to deny the Essence of their faith to turn Schismaticks as if they did all value their Goods more then their soules without so much as one to oppose it is a vain uncharitable
Surrejoinder together in this one short Section and give sentence readily who is the Mountebanke and Prevaricatour And first I challenge this great Champion of downright Cowardise as great as ever his Predecessour Thraso shewed in the Comedy in smothering and concealing palpably and shamefully his Adversaries reasons and declining the heat of the assault The maine subject of this Section was to shew that the ancient Kings of England did assume as much power in Ecclesiasticall affaires as Henry the eighth did that the Lawes of Henry the eighth were no new Lawes but onely renovations and Confirmations of the ancient Lawes of England which had never bene repealed or abrogated in the dayes of his Predecessors but were of force in England at that very time when he made his Lawes As the Statutes of Clarendon The Statute of Carlile The Articles of the Clergy The Statutes of Provisors and other old Lawes made in the time of Henry the first Henry the third Edward the first and Edward the third Richard the second Henry the Fourth all of them dead and gone many ages before Henry the eighth was born I shewed particularly that they suffered not the Pope to send for any English Subject out of England to Rome without leave nor to send any Legate into England without leave nor to receive any Appeale out of England without leave They made it death or at least the forfeiture of all a mans estate to bring any Papall Bulls or Excommunications into England They called Ecclesiasticall Councells made Ecclesiasticall Lawes punished Ecclesiasticall persons prohibited Ecclesiasticall Iudges received Ecclesiasticall Appeales made Ecclesiasticall Corporations appropriated Ecclesiasticall Benifices rejected the Popes Lawes at their pleasure with a Nolumus wee will not have the Lawes of England to be Changed or gave Legislative Interpretations of them as they thought fit All this I have made evideÌ„t out of our ancient Lawes our Records our Historiographers in my Vindication in my Reply and in this Treatise And therefore I might well retort upon him his own Confident bragge that it is as cleare as the suns shining at noone day or that the same thing cannot be and not be at once that our Ancestours who did all this and much more then this did acknowledge no Monarchicall power of the Pope in the Exteriour Court by Christs own Ordination as Mr. Serjeant asserteth and that they did exercise as much power in the externall Regiment of the Church as Henry the eighth did and that Henry the eighths lawes were no new lawes devised by himself but were the lawes of these ancient Kings renewed by him or rather the Fundamentall Lawes and Liberties of England exposed by these ancient Kings as a Buckler against the Encroachments of the Roman Court. Now to all this cleare evidence what answer doth Mr. Serjeant make Iust Thraso-like when the matter comes to push of pike he sneaketh away post principia into the securest place he can find Speak the truth in earnest did Pyrrhus use to doe thus It is not possible to squeese one word of particular answer out of him onely in generall he saith I bring divers allegations wherein the Popes pretenses were not admitted c. And so proceedeth doe we professe the Pope can pretend to no more then his right c. Lawes and Records are but bare Allegations with him and prohibiting under pain of Death or Confiscation of Goods is no more but not admitted Speake out man and shame the devill whether did the Pope pretend more then is right or not whether were the ancieÌ„t English Lawes just Lawes or not This is certain his Pretensions and these Lawes cannot both be just The very substance of his Monarchicall power in the exteriour Court is prohibited by these Lawes his Soveraign power or Patronage of the English Church his Iudiciary Power his Legislative Power his dispensative Power all are lost if these Lawes stand All which Mr. Serjeant blancheth over with this generall expression such and such things Will the Court of Rome thank such and such an Advocate who forsakes them at a dead lift I trow no. And although I called upon him in my reply for a fuller and more satisfactory answer to these Lawes yet he giveth none in his Rejoinder but shuffleth up the matter in Generalls As for his particularities entrenching on or pretended to entrench on the Popes Authority whether they were lawfully done or no how far they extended in what Circumstances or cases they held in what not how the Letter of those Lawes are to be understood c. all which the Bishop Omitts though he expresse the bare words it belongs to Canon and Secular Lawiers to scuffle about them not me I hold my self to the Lists of the Question and the limits of a Controvertist Yes even as Thrasoheld himself to the Lists when he stole behind the second wards This is neither more nor lesse but flat running away and crying to the Canonists for help If the subject be improper for him why did he undertake it and not try first Quid ferre recusent Quid valeant humeri Why did he undertake it with so much youthfull Confidence and insulting scorn and petulance to accuse his adversary of impudence And as if impudence were too moderate a Character for him as a profest and sworn enemy of truth shame and honesty making him worse then a mad man or born foole And all this for pretending that Henry the eighth did no more against the Papacy then his Ancestour Kings had done before him and now when his Cavills are thrust down his own throat when the impudence is brought home to him and laid at his own doore when the very Lawes of his Ancestours are produced wherein they provided the same remedies for the Roman Court that Henry the eighth did he would with draw his own neck oâ—t of the Collar and leave the defence of his cause to the CanoÌ„ and Secular Lawiers to scuffle about the sense of these ancieÌ„t Lawes and whether they were law fully done or no and how far they extended and in what cases they hold in what not And this is all the answer which he vouchsafeth to these ancient English Lawes that is as much as to say he knoweth not what to answer or it doth not belong to him to answer and this he calleth holding himself to the Lists of the Question but all other men call it leaping out of the Lists of the Question and a shamefull deserting the cause he had uâ—dertaken to defend I ever acknowledged that Henry the eighth made sundry new Staâ—utes against the Vsurpations of the Court of Rome but I adde that these Statutes were declarative of old Law not Enactive of new Law This is as cleare as his noone day-light And I proved it by the Authority of two of our greatest Lawiers Fitz Herbert and my Lord Cooke persons sufficient to know the difference between a Statute declarative of old Law and a Statute Enactive of new
Church of England Lastly these Papall Oaths doe necessarily suppose a Voiage to Rome either to take the Oath there or if the Oath was sent them into England one Clause in the Oathâ—was that they should come to Rome in person to receive the Popes Commands within a prefixed time But this is directly contrary to the Lawes of England which allow no Subject Clergiman or other to goe to Rome without the Kings Leave Thus much both the Prelates and Peers of the Realm told Anselm when he had a miâ—d to visit the Pope Thus much wee find attested by the Generall Assembly of the Kingdome in the Statute or Assise of Clarendon where one of the Customes or Lawes of the Kingdome is That No Ecclesiasticall person might depart out of the Kingdome without the Kings License No not though he were expresly summoned by the Bishop of Rome And at a Parliament held at Northampton in the Reign of Henry the third it was enacted that if any persons departed out of the Kingdome un lesse they would return within a prefixed time and answer it in the Court of our Lord the King let them be outlawed This was the unanimous complaint of the whole Kingdome to the Pope That the English were drawn out of the Realm by his authority contrary to the Customes of the Kingdome No Clergy man may goe to Rome without the Kings License say the ancient Lawes of the Realm Every English Prelateâ— shall come to Rome upon my command saith the Pope What Oedipus can reconcile the English Lawes and Papall mandates Commonly good Lawes proceed from evill manners and abuses doe ordinarily precede their Remedies But by the Providence of our Ancestors our English Remedies were preexistent before their Vsurpations Non remittitur Peccaâ—um nisi restituatur ablatum Vntill they restore those rights whereof they have robbed the King and Kingdome Wee may pardon them but they can hope for no forgivenesse from God I will conclude this point with an ancient Fundamentall Law in the Britannick Island anotherâ—Prince â—Prince professing Fidelity and obedience to any one besides the King Let him lose his head I come now to the last Branch of the first Papall Vsurpation Tenths and First fruits If Christ be still crucifyed between two Thieves it is between an old overgrown Officer of the Roman Court and a Sacrilegious Precisian The one is so much for the Splendour of Religion and the other for the Purity of Religion that between themâ— thâ—y destroy Religion Their Faces like Samsons Foxes locke contrary wayes but both of them have Firebrands at their tailes both of them prate of Heaven altogether both of them have their hearts nailed to the Earth On the one side if it had not been for the Avaricious Practises of the Roman Court the Papacy might have beeÌ„ a great advantage to the ChristiaÌ„ world in point of Order and Vnity at least it had not been so intolerable a BurtheÌ„ It is feared these will not suffer an Eugenius an Adrian or an Alexander to be both honest and long-lived On the otherside these Counterfeit Zelots do but renew the Policy of the two old Sicilian Gluttons to blow their Noses in the dishes that they might devour the meate alone that is cry down Church Revenues as Superstitious and Dangerous because they gape after them themselves If it were not for these two factioÌ„s wee might hope to see a reconciliation Self interest and self profit are both the procreating and conserving cause of Disunion Who would Imagin that the large Patrimony of St. Peter should not conteÌ„t or suffice an old Bishop abundantly without preying upon the poore Clergy for Tenths and First fruits and God knowes how many other waies The Revennes of that See were infinite yet the Bishops of ten complained of Want Gods blessing did not goe along with these Ravenous Courses So Pharohs lean Kine devoured the fat yet were nothing the Fatter them selves The first Tenth which the Pope had from the English Clergy was onely a single Tenth of their moveable Goods not by way of Imposition but as a Benevolence or free gift out of Courtesy But the Roman Bishops having once tasted the sweet meant not to give over so Non missura cutem nisi plena cruoris â—irudo The next step was to impose Tenths upon the Clergy not in perpetuity or as a certain Revenue due to the Papacy but for a fixed number of yeares as a stock for the Defence of Christendome against the incursions of the Turke About the same time First fruits began to be exacted not generally but onely of the Popes own Clerkes as a Gratuity or in plain English as a handsome Cloak of Simony But he that perfected the Work and made both Tenths and First fruits a certain annuall Revenue to the See of Rome was Boniface the ninth or Iohn the two and twentieth his Successor so saith Platina And with him almost all other writers doe agree This Boniface lived about the year fourteen hundred whom Turselline maketh to have been the restorer of Papall Majesty whose prudence did transcend his Age for he was but thirty yeares old He was the Vsurper that tooke away from the Romans the free choise of their Magistrates Iohn the two and twentieth lived in the time of the Councell of Constance some thing above the fourteen hundreth yeare It was he that called the Councell and was him self deposed by the Councell for grievous Crimes and the payment of First fruits abolished For neither the paiment of Tenths nor First fruits did agree with the palate of the Councells of Constance and Basile Notwithstanding their gilded pretences The Councell of Constance decreed that it was not lawfull for the Bishop of Rome to impose any Indictions or Exactions upon the Church or upon Ecclesiasticall persons in the Nature of a Tenth or any other way Which Decree was passed in the nineteenth Session though it be related afterward According to this Decree Pope Martin issued out his Mandate Wee Command that the Lawes which prohibit Tenths and other Burthens to be imposed by the Pope upon Churches and Ecclesiasticall persons be observed more Strictly And the Councell of Baâ—ill Commandeth that as well in the Roman Court as elswhere c Nothing be exacted for Tenths or Firstfruits c. But for all this the Popes could not hold their Hands Leo the tenth made a new imposition for three yeares Ad triennium proxime futurum for the old ends And it should seem that their mind was that thence forward as the cause lasted so should the imposition But the Germane Nation were not of the same mind who made this their nineteenth Grievance for as much as concerneth Tenth which Ecclesiasticall Prelates paid yearely to the Pope which the Germane Princes some yeares since did consent unto that they should be paid to the See of Rome for a certain time upoÌ„ Condition that this money should be