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

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of the Bodleian Library and of which Library he was the Head-keeper And in that Office very Diligent and Careful and was a Person of great Learning and Probity The Knowledge of this Rescript of that Vniversity and likewise of the other of Cambridge is necessary to all who will be Masters of the Knowledge of the History of those times For the Author of a Book in Quarto Printed in Oxford in the year 1645. called the Parliaments power in Laws for Religion having there in p. 4. said that the third and Final Act for the Popes Ejection was an Act of Parliament 28. H. 8th c. 10. entituled an Act extinguishing the Authority of the Bishop of Rome Saith it was usher'd in by the Determination first and after by the practice of all the Clergy for in the Year 1534. which was two years before the passing of this Act the King had sent this Proposition to be agitated in both Vniversities and in the greatest and most famous Monastery's of the Kingdom That is to say An aliquid authoritatis in hoc Regno Angliae Pontifici Romano de Jure competat plusquam alii cuicunque Episcopo extero By whom it was Determined Negatively that the Bishop of Rome had no more power of Right in the Kingdom of England than any other Foraign Bishop which being Testified and return'd under their Hands and Seals respectively the Originals whereof are still remaining in the Library of Sir Robert Cotton was a good preamble to the Bishops and the rest of the Clergy Assembled in their Convocation to conclude the like And so accordingly they did and made an Instrument thereof Subscribed by the Hands of all the Bishops and others of the Clergy and who afterward confirm'd the same by their Corporal Oaths The Copies of which Oaths and Instruments you shall find in Foxes Acts and Monuments vol. 2. fol. 1203. and 1211. of the Edition of John Day An. 1570. And this was semblably the ground of a following Statute 35. H. 8. c. 1. Wherein another Oath was devised and ratified to be imposed upon the Subject for the more clear asserting of the Kings Supremacy and the utter exclusion of the Popes for ever Which Statutes though they were all Repeal'd by one Act of Parliament 1st and 2d of Phillip and Mary C. 8. Yet they were brought in force again 1 Eliz c. 1. My Lord Herbert in his History of Henry the 8 th under the year 1534. and the 26 th year of his Reign p. 408. telling us that it was Enacted that the King by his Heirs and Successors Kings of England should be Accepted and Reputed the Supream Head on Earth of the Church of Eng. called Ecclesia Anglicana c. saith that that Act though much for the manutention of the Regal Authority seem'd not yet to be suddenly approved by our King nor before he had consulted with his Counsel c. and with his Bishops who having discussed the point in their Convocations declared that the Pope had no Iurisdiction warranted to him by Gods Word in this Kingdom which also was seconded by the Vniversities and by the Subscriptions of the several Colledges and Religious Houses c. Most certainly Hen. the 8 th's gaining this point that the Bp. of Rome hath no more power here by Gods Word than any other Foraign Bishop was of great and necessary use in order to the effectual withstanding the Papal Usurpations and was re verâ the gaining of a Pass and for which end he made use of intellectual Detachments from his Vniversities And suitably to the Wisdom of our Ancestors here in Henry 8 ths time any Popish Prince abroad who intends effectually to Combat the Papal Usurpations must first gain that Pass For the effect of the common sayings in Natural Philosophy that Natura non conjungit extrema nisi per media and that Natura non facit Saltum must likewise obtain in Politicks when the Nature of things is operating there toward a Reformation of Church or State And this weighty Rescript of the Vniversity of Oxford not being Printed in Dr. Burnets excellent Historical Books of the Reformation nor yet in Fox his Martyrology and now Published here as set down in English by Dr. Iames may perhaps serve usefully to illuminate the World abroad about the way of its Transitus from Popery But here I shall observe that though I find in Mr. Fox his Acts and Monuments Printed in 3 Volumes in London for the Company of Stationers An. 1641. the Iudgment of the Vniversity of Cambridge is there set down in p. 338. and relates to the same year with the Oxford Rescript namely the year 1534. yet it doth not there appear to be a Rescript to King Henry 8 th by way of return to a Letter from his Majesty and it begins thus Vniversis sanctae Matris Ecclesiae filijs ad quos praesentes literae perventurae sunt Caetus omnis Regentium non Regentium Academiae Cantabrigiensis salutem in omnium Salvatore Iesu Christo. Cum de Romani Pontificis potestate c. And then follows the Translation of the whole in English and which makes about half of that page 338 and wherein the same Judgment for substance is given with that of the Oxford Rescripts That the Bishop of Rome hath no more State Authority and Iurisdiction given him of God in the Scriptures over this Realm of England than any other extern Bishop hath That Instrument hath not there the Date of any Month to it as the Oxford Rescript hath But in the Body of the Instrument 't is mentioned that the Iudgment of that Vniversity was therein required though not by whom and towards the Conclusion of it 't is Styled an Answer in the Name of that Vniversity and 't is probable that the Iudgment of that Vniversity might have been required by some of the Ministers of King Henry 8 th and by his Order whereas the Oxford Rescript mentioned his Majesties having himself required the Iudgment of that Vniversity in that point What I have here mentioned of the Iudgment of our two Vniversities gives me occasion to take notice of an Oversight of my Lord Herbert in this place of his History by me Cited For he in this p. 408. makes the Vniversities Determining that the Pope had no Iurisdiction warranted to him by Gods Word in this Kingdom whereas he should have Represented their Sense of his not having more here than any other Foraign Bishop And thus you truly express the Sense of their Judgment in this Case when you say p. 70 th of your Book that the Popes Cards were by the Clergy that plaid his Game thrown up as to all claim of more power here by the Word of God than every other Foraign Bishop had And both our Vniversities sent their Iudgments about the same thing to the K. which methinks might make our Papists approach a little nearer to us without any fear of Infection For we allow the Bishop of Rome
Canon Law giving the Pope a power to receive Appeals from the Dominions of Soveraign Princes and States Mastertius in his Book de justitiâ Legum Romanarum in the Summaries of his 20 th Chapter sets it down That 1. Ridetur Pontifex ab ipsâ Romanâ Curiâ 2. Credentes Constitutioni Pontificis a Regibus liberisque populis laesae Majestatis damnantur 3. Iterum dissentit a Pontifice Romana Curia 4. Mira pontificis caecitas notatur 5. Intellectus L. à proconsulibus 19. Cod de appellat 6. Ius Canonicum malè damnat in expensas tantum appellantem perperam Under which he saith Infelix fuit Romanus Praesul in Cap. 7. Cap. de priore 31. Cap. Ad audientiam 34. Cap. dilecti 52. Ext. de appellat quibus constituit adversus L. Imper. in princip D. de appellat licere pulsatae parti relictis medijs pontificalem cognitionem invocare nam ipsa Romana Curia id Iuris tanquam omnem bonum ordinem invertens ex merâ dissentiendi libidine promanans explosit neque procedit Canonistarum glossema quo videtur id constituisse pontifex ob specialem suae sedis praerogativam quâ fidelium omnium competens est Iudex Cap. si duobus 7. ibi D. D. ext de appellat Concil Trident. sess 24. Cap. 20. de reformat Nam cum id falsum sit totius Christiani Orbis Reges liberique populi laesae Majestatis reos agunt qui vel immediatè vel ab ipsorum sententiâ ad pontificem praesumunt appellare Eodem candore defert appellationi rei minimae iterum reluctante Romanâ Curiâ requirente ut litis aestimatio sit ut minimum coronatorum decem Praesec in praxi Episcop p. 2. Cap. 4. Art 15. N. 8. Mechlinensi 50. Flor. D. Zypaeus de Iure Pontif. novo tit de appellat N. 8. Mihi videtur quod pontifex de industria se voluerit risui propinare nam hic defert appellationi rei minimae suprà relictis mediis implorationi Pontificialis auditorij evocando Belgam aut Anglum in Causâ aliquorum obolorum ad urbem Romanam experiundi sui Iuris gratiâ But there is another use we may now well make of the publication of this Rescript of the Vniversity of Oxon and that is to observe how awkwardly and unseasonably the Author of The Papist Misrepresented and Represented hath thought fit to Represent the Pope as now deducing a Claim to a Higher Power here by the Word of God than what our Roman-Catholick Universities allowed him in Henry the 8 th's time For in his 18 th Chapter he tells us That the Papist believes that there is a Pastor Governor and Head of Christs Church under Christ to wit the Pope or Bishop of Rome who is the Successor of St. Peter to whom Christ committed the Care of his Flock c. and now believing the Pope to enjoy his Dignity he looks on himself obliged to shew him the Respect Submission and Obedience which is due to his place And afterward in this manner is he ready to behave himself towards his CHIEF PASTOR with all Reverence and Submission never scrupling to receive his Decrees and Definitions such as are issued forth by his Authority with all their due Circumstances and according to Law in the concern of the whole Flock His Answerer doth well reply to him in that point and with a Candour suitable to the Pacifick State of the Realm you have predicted under any Prince of the Roman-Catholick Communion say viz. How doth it appear that Christ ever made St. Peter Head of the Church or committed his Flock to him in contradistinction to the Rest of the Apostles This is so far from being evident by Scripture that the Learned Men of their Church are ashamed of the places commonly produced for it c. And afterward saith ' We need not insist on the Proof of this since the late mentioned Authors of the Roman Communion have taken so great pains not only to prove the Popes Supremacy to be an Encroachment and Usurpation in the Church but that the laying it aside is necessary to the Peace and Unity of it And until the Divine Institution of the Papal Supremacy be proved it is to no purpose to debate what manner of Assistance is promised to the Pope in his Decrees It was I think an undertaking that none but a very Sanguine Man could suppose fesable to engage us to believe in this Age that the Pope was by Divine Right Head of our Church under Christ. I say in this Age so generally Learned and when a Layman furnished but with an ordinary Library can shew that the Churches of the Brittish Islands England Scotland and Ireland as my Lord Primate Bramhal shews in Chap. 5. of his Iust Vindication of the Church of England by the Constitution of the Apostles and by the Solemn Sentence of the Catholick Church are exempted from all Foreign Iurisdiction and that if it be objected that the Bishop of Rome was ever our Patriarch that all Patriarchal Jurisdiction is of Human Institution and by the Statute of 35 C. 1. it was declared that the Holy Church of England was founded in the State of PRELACY not of Papacy within the Realm of Eng. not without it by the Kings and Peers thereof not by the Popes and when in the time of our late Civil Wars the Presbyterian and Independent Divines had by their Claims of Ius Divinum for their Models of Church-Government so much exercised the understanding of the People in general that at the time of his late Majesties Restoration restoring to our Church the best Constituted Government in the World many of our Virtuosi and Latitudinarians could not be brought expresly to own its excellence on an Universal Ius Divinum praeceptivum and would say that in any Church Government that by Divine Right would bind all Churches there must be not only praxis but institutio apostolica The Pryers into the Rabbinical Learning of the Iews have not been forced more to observe their Criticising on the Divinity of the Fire which burn'd the Sacrifices on the Brazen Altar as coming from Heaven both when the Tabernacle was erected and when the Temple was built and making the fire in the first Temple to be Divino-Divinus altogether Holy and the fire in the second Temple to be Divino-Humanus Human Holy as being kindled as our fire though still kept in as the fire of the first Temple was and the third fire that Nadab and Abihu offered to be Humanus and likewise called by them alienus as strange fire then the Readers of the late Controvertists of the Ius Divinum of several Forms of Church-Government among us have been forced to take notice of their nicety in distinguishing it And now after the Bishop of Rome had before Henry the 8 th's time made the figure of the fire Divino Humanus and whose Authority was then Extinguished for so the Style runs of the Act of
and their Estates and many of which Estates were Church-Lands notwithstanding the Popes Declaration of the Nullity of that Peace supported by his Present Majejesty and as I doubt not but it always will be as well as by other Roman-Catholick Crown'd Heads And the figure the present French King made in the Munster Treaty in the year Forty Eight and in the Restauration of its effects and Vigor in Christendom in the year Seventy Nine is a sufficient Demonstration of his thinking it lawful for the Lateran Council to be Disobey'd by Popish Princes as to the point of Exterminating their Heretical Subjects I do therefore account this your Manly way of Confuting the Fears and Iealousies founded on that Council to have been at this time the more opportune and the more worthy of your Loyalty because as you have mentioned it after the End of your Discussion It may seem the Design of some People in the World abroad to encrease our Divisions and the popular hatred against Papists and Popery here by the usage that Protestants meet with there as if the Religion of Popery did necessarily Cause the same You have therefore well reputed it the opus diei here in England to shew the contrary and have done it more effectually than any late Writer of the Church of Rome I know here hath done or perhaps was able to do And your quoting for this purpose in p. 208. D' Ossats Speech to the Pope and wherein he so Argumentatively both like a Divine and a States-Man asserted the Law●ulness of Henry the 4 th's of France observing the EDICTS in favour of his Protestant Subjects and wherein he mentioned how other Roman Catholick Princes had done what was tantamount to it and how that the Pope made no Reply to him thereupon may much help to shew our Timid and Iealous People that the Religionary part of Popery or Doctrine of the Church of Rome doth not oblige Roman-Catholick Princes to make the Lives of their Protestant Subjects uneasie to them It here falls in my way to acknowledge to you that the great Instances you have given in your Discourse concerning the Consummat Loyalty of great numbers of Henry the 4ths Popish Subjects to him while a Protestant and under the Popes Excommunication have been very useful for the enlarging Peoples Charitable Thoughts as to the Persons of some Papists and the tendency of their Principles to Loyalty and to the shewing that though in the Great Lateran Council wherein were 1215 Fathers it was Synodically and Categorically concluded that the Pope might absolve Subjects from their Oaths of Allegiance that yet great Numbers of Henry the 4ths Roman-Catholick Subjects knew and Practised better things and that their great Absolute and Unconditional Loyalty to him lives in the Records of the Impartial Thuanus And that notwithstanding any principles Chargeable on the Church of Rome the Faith of many particular persons in it hath by its Works shewn it self very perfect for Loyalty But here I am likewise obliged to gratifie you by my Complaisance with your Temper in differing somwhat in Opinion from you for you say you are better pleased in Conversation with those who in many points differ from you than with those who in all agree with you and am frankly to tell you that tho' I am sufficiently satisfied with your discharging of the Moral Offices of Honouring all Men and giving Honour particularly to some Roman Catholicks to whom it was due and particularly where in p. 360. You have with so great a Height of Expression Celebrated the Virtue of the Queen Dowager and from whom I had the Honour to receive Thanks by the late Earl of Ossory for the Justice I did her Majesty in a late Conjuncture Yet there is one thing at the end of your Discourse and another after the end of your Discussion wherein you are pleased to give your Judgment concerning the Papists here in geral as I would not have given mine in the Case You say in p. 285. That after the Various Intervals in which the Discourse was Written it having happened that the Papists are to the General Satisfaction of Impartial Judges of Men and things become as sound a part of this Nation as they were and are of the Dutch States and as throughout the Discourse you always supposed them Capable of being and in p. 361. You say that it is with Justice to be by all Men to our Popish Fellow Subjects acknowledged that what ever petulance some of them were formerly guilty of or of any Ambitious Design of making too great a Figure in the Internal Government of the Nation yet that the Deportment of the Generality of them hath lately appeared with such a Face not only of Loyalty but of Complaisance with his Majesties Measures in imploying the Hands and Heads of Protestants of the Church of England in the Management of great Matters of State as is necessarily Attractive of our Christian Love and Compassion c. But tho' I account my self Morally obliged to Judge several Papists of my Acquaintance to abound in Loyalty and to be such whose Moderation is known to all Men and to be no Exorbitant Affecters of making too great a Figure in the Internal Government of the Kingdom and do hope that many others are so with whom I am not acquainted and will Judge no particular Papist to believe or practise Principles of Disloyalty without particular grounds and tho' on the account of the Trite Rule that Interest never lyes I will hope that the generality of them will in his Majesties Reign and afterward be neither Disloyal nor Heady nor High-Minded nor affecters of Preheminence Yet if I were required to give my present Judgment in short of the present Temper of the generality of them as to the Qualifications about which you have given your Judgment in the Case and that too relating to future times I considering the Formulary of the Letters denoting Judgment given in the Mode of the Old Roman Laws viz. A. and C. and N. L. would not presume either to Absolve or Condemn the gross of their Numbers as to those Qualifications but would interpose the Non Liquet in their Case and much less will I Condemn your Judgment of Charity to them and say that some of your Sharp Reflections on Popery and some Papists have favoured of the Common way of some Partial Judges Byassed with an intent to bring off some Criminals Namely to make some disobliging rough Language previous to the obliging them with their Sentence at last But taking every thing in the best Sense it will bear shall suppose that your Information of the Temper of the Generality of them might be what arrived not at my Knowledge and that therefore you pronounced thereof as you have done And moreover your Discourse being Writ before the Late Kings Death I shall account it was for several Reasons a strengthening of Loyalty and weakening of the Fears of Timid Protestants for you
Majesties Reign in any Religionary point Yet as to your self I have had reason to guess that you long ago in the late Kings Reign had some Theological Sentiments some what differing from what I took for our Churches Articles and that I speaking to you thereof you reply'd out of Bishop Bramhalls Iust Vindication of our Church that our Articles are not penned with Anathemas or Curses against all those even of our own who do not receive them but used only as an help or rule of unity among our selves Nor have I forgot how you once discoursed to me your opinion of the Tenet that the Souls of good Men do not immediately after Death go up into Heaven nor the Souls of bad Men then immediately down into Hell But that the former than go into a good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the latter into a bad one and that such place was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. inconspicuus as being so not in regard of it self but of us and that our Saviours Soul went 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that this Tenet was more particularly Tertullians and that he describing the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 said 't was a place ubi bonis benè erat malis malè and that good Men did there in Candidâ expectare diem Judicij and that the Expression of aeternitatis Candidati was first taken occasionally from those words of Tertullian and that it seemed suitable to the Measures of Divine Iustice not to give the great Sentence concerning eternal rewards and punishments before the Trial of the Day of Iudgment and that as a Thousand years with God are said to be but one Day the time of that Trial might possibly last so long and that it might else seem a diminutio capitis for Saints to be brought from the Caelum beatorum to the Bar and that somewhat like this notion of the State of Souls after Death the Iews had and likewise all the Fathers for the first four Centuries and when some of them encouraging Men to be Martyrs said that such did uno saltu get up into Heaven and that our Saviour saying in my Fathers House are many Mansions c. and if I go and prepare a place for you I will come again and receive you unto my self tho therefore the good will not be received by Christ into those Mansions till he comes again yet their condition will be much better in the good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then in the most prosperous State here below where they are continually exposed to the Contagion of Sin And as you have in p. 317. mentioned that some of our Protestant Divines owning this Tenet have not been therefore Censured as Popishly affected or maintainers of Purgatory so neither shall I therefore thence infer your owning the Notion of a Purgatory or Limbus nor the usefulness of Praying for any Souls in the Hades and much less that your favouring this notion of Hades by publishing it now as what some of our Protestant Divines favoured was in the least designed by you as any humouring of a Project to reconcile Churches a project that you have expressed to be so ineffectual when some well meaning Men had it in their Heads in a Conjuncture long ago and when Withers a dull Poet of the Age yet a favorite of the vulgus did in his Emblems p. 3 of his ep dedicat as you once told me amuse them with his fancies of the Vnion of Religion And as you have in your preface observed it that the few florid Sheets lately published on the Subject of Toleration have made no other figure than that of the poor resemblances of flowers extracted by Chymical Art out of their ashes and that a little shaking them together in the glass of time must make them presently fall in pieces I have observed likewise that the perhaps well meant Velleities or Wishes or little Essays of some few private Persons that since his Majesties Reign amused any by propounding a Reconciliation of Churches have appeared but like extracted resemblances of the flowers of private Mens proposals of that kind in the Conjuncture before the year 1640 and since his Majesties happy Reign they have been easily shaken in pieces Mr. Prynne in his History of the Tryal of Arch Bishop Laud in p. 191. tells us what a ferment Mr. Adams his Case made in the Vniversity of Cambridge in the year 1637. who Preaching in St. Mary's and there asserting the necessity of Auricular Confession was by Dr. Brownrig the Vice-Chancellor enjoyned to Recant that Doctrine and about which great Heats arose among the Heads of Houses there But the Sharpness of the canons of 40 against Popery shewing the zeal the Arch-bishop expressed in the making of those Canons and of that Clause in the Oath there for the abjuring Popery viz. and that I will not Subject the Church of England to the Church of Rome which Oath the Arch-Bishop in his Defence saith was a more strict Oath than ever was made against Popery in any Age or Church may easily Convince the Sagacious of the Church of Englands Sense then about any Project of Reconciling the Church of England to that of Rome being altogether vain The Arch-Bishop had it seems by long and deep observation found the project of the reconciling of our Church and Romes a thing utterly unpracticable however as to his having been formerly a Visionaire about the possibility of the same I remember I have seen some angry reflections of Dr Williams Bishop of Lincoln against him and Writ with that Bishops own Hand in the Margent of the Arch-Bishops Printed Star-Chamber Speech where over against those passages that seemed to be somewhat trimming in favour of the Church of Rome Bishop Williams wrote the nearer you come to the Church of Rome the further she will fly from your Courtship and Caresses and will tell you that Rusticus es Corydon nec munera curat Alexis But what thing the Reconcilers would be of Churches mean to themselves is sufficiently plain As to the natural meaning of any thing of that nature I call to mind that a Presbyterian Minister speaking to you once of Comprehension and of the Divines of his perswasion and that of the Church of England being that way Reconciled you told him you wished a Coalition of such with the Church of England as were formerly of his Perswasion But that you supposed by his comprehension he desired to be a Comprehensor of some of the Livings of the Divines of the Church of England and that therefore when you found any Divine speak of the Essaying to Reconcile Churches you naturally thought of those Words in the Acts of the Apostles C. 17. v. 18. What will this Babler say and Rendring the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there by Church Robber Altar Robber and Sacrilegious Person as our Broughton did and justifying that your Critical Acception of the word out of the Greek Classick Authors viz. Demosthenes and