agree that the Bishop shall practice exercise or have any manner of Authority Jurisdiction or Power within this Realm but shall resist the same at all times to the uttermost of my power And I from henceforth will accept repute and take the Kings Majesty to be the only Supreme Head on Earth of the Church of England And to my Wit and uttermost of my Power I will observe and defend the whole Effects and Contents of all and singular Acts and Statutes made and to be made within this Realm in derogation extirpation and extinguishing of the Bishop of Rome and his Authority and all other Acts and Statutes made or to be made in Confirmation and Corroboration of the Kings Power of the Supreme Head in Earth of the Church of England c. Here is the Clergy tied to swear as to all Acts of the Civil Power already past so indefinitely and beforehand to all also that are to come which may derogate any thing from the Popes power or add to the Kings in Spiritual matters as if no bounds or limits at all were due thereto § 43 Again in the Sixth Year of King Edward the whole Synod of the Clergy if we may credit the relation of Mr. Philpot See Fox p. 1282. in the Convocation 1. Mariae did grant Authority to certain persons to be appointed not by them but by the Kings Majesty to make Ecclesiastical Laws where it seems to me somewhat strange that the Synod should now de novo give to the King what was before assumed as his Right And accordingly a Catechisme bearing the name of the Synod was set forth by those persons nominated by the King without the Synods revising or knowing what was in it tho a Catechisme said Dr. Weston the Prolocutor 1. Mariae full of Heresies This Book being then produced in Convocation and denied by the Synod to be any Act of theirs Philpot urged it was because the Synodal Authority saith he was committed to certain persons to be appointed by the Kings Majesty to make such Spiritual Laws as they thought convenient and necessary Which Argumentation of Philpots seems to be approved by Dr. Fern in Consid upon the Reform 2. chap. 9. sect Here then the Synod grants Authority in Spiritual matters that they know not who shall in their name establish that which they please without the Synods knowing either what Laws shall be made or who shall make them which is against the First and Second Thesis and is far from adding any just authority to the Ecclesiastical Constitutions of those times or to any Acts which are thus only called Synodal because the Synod hath in general given away their Power to those who make them afterward as themselves think fit Whereas to make an Act lawfully Synodical the Consent of the Clergy must be had not to nominate in a Trust which Christ hath only committed to themselves in general another Law-giver viz. the King or his Commissioners for thus King Edward will choose Cranmer and Ridley and Queen Mary will choose Gardiner and Bonner to prescribe Laws for the Church but to know approve and ratify in particular every such Law before it can be valid § 44 Besides these Acts of Parliament and Synod the manner of Supremacy then ascribed to the Prince yet further appears in the Imprisonment of Bishop Bonner in the First year of King Edward for making such an hypothetical Submission as this to the Kings Injunctions and Homilies then by certain Commissioners sent unto him I do receive these Injunctions and Homilies See Fox p. 1192. with this Protestation that I will observe them if they be not contrary and repugnant to Gods Law and the Statute and Ordinance of the Church the fault imputed here to him I suppose being that he refused to obey any Injunctions of the King when repugnant to the Statute and Ordinance of the Church for which Fox calls this Protestation Popish But the manner of this Supremacy appears yet more specially in the several Articles proposed to be subscribed by Bishop Gardiner § 45. n 1. upon his refusing to execute or submit to divers particular Injunctions of King Edward in Spiritual matters imposed upon the Clergy the Subscription required of him was To the Book of Homilies affirmed to contain only godly and wholsome Doctrine and such as ought by all to be embraced To new Forms of Common-Prayer and Administration of the Sacraments and to the denyal of Real Presence or of Transubstantiation if any thing in that Form may may be said to oppose either of these To the new Form of Consecration of Bishops and Priests To the disannulling and abolition of the former Church Liturgy and Canon of the Mass and of the Litanies to Saints and Rituals of the Church To the abolition of Sacred Images and Sacred Relicks To the permission of Marriage to the Clergy To the acknowledging that the Statute of the Six Articles was by Authority of Parliament justly repealed and dis-annulled To the acknowledging that the appointment of Holy-days and Fasting-days as Lent and Ember-days and the dispensing therewith is in the Kings Majesty's Authority and Power as Supreme Head of the Church of England To the acknowledging that Monastick Vows were Superstitious and the Religious upon the dissolution of their Monasteries lawfully freed from them as likewise that the suppressing and dissolution of Monasteries and Convents by the King was done justly and out of good reason and ground For all which see the Copy of the Second and of the Last Articles sent to Bishop Gardiner in Fox p. 1234 and 1235. In which Articles the Kings Supremacy is thus expressed in the Second of the First Articles sent to him That his Majesty as Supreme Head of the Church of England hath full Power and Authority to make and set forth Laws Injunctions and Ordinances concerning Religion and Orders in the said Church for repressing of all Errors and Heresies and other enormities and abuses so that the same alteration be not contrary or repugnant to the Scripture and Law of God as is said in the Sixth of the Second Articles sent to this Bishop Now how far this repressing and reforming of Errors c. claimed by the King did extend we may see in those points but now named In the Fifth That all Subjects who disobey any his said Majesties Laws Injunctions Ordinances in such matters already set forth and published or hereafter to be set forth and published ought worthily to be punished according to his Ecclesiastical Law used within this his Realm Again in the 7.11 12.14.16 of the Third Articles sent to the same Bishop That the former Liturgies of the Church Mass-Books c that the Canons forbidding Priests Marriage c are justly taken away and abolish'd and the new Forms of Common-Prayer and of Consecration of Bishops and Priests are justly established by Authority of Parliament and by the Statutes and Laws of this Realm and therefore ought to be received
Dr. Heylin p. 23. and altered many things with his own hand as appears by the Book still extant in Sr. R. Cotton's Library And in the Answer which he writ himself to the York-shire Rebels offended with the State of Religion he hath this Clause That he marvelled much that ignorant People would go about to take upon them to instruct him who had been noted something Learned what the Faith should be Without which consciousness and esteem of his own Learning and Abilities it is probable he would have been a more dutiful Son of the Church Her p. 417. and never have owned such a Supremacy in stating Theological Controversies with such severe punishments to all that thwarted his Doctrines Whereby he seemed to act the Part tho he assumed not the Title of the Arch-Bishop of Canterbury to which place his Father is said to have designed him By vertue of the same Supremacy he made Orders and gave Dispensations in matters of Fasts of Holy-days of Election and Consecration of Bishops as you may see in Fox in the King's Injunctions and Proclamations p 960. 999. 1104. and before in § 36. and § 68. § 100 By vertue of such a Supremacy concerning several other Ceremonies as he calls them the King speaketh in this wise Fox p. 1035. in his Injunctions put forth 1539. Commanding that the Holy Bread and Holy Water Procession kneeling and creeping on Good-Fryday to the Cross and Easter-day setting up Lights to the Corpus Christi bearing of Candles on Candlemas-day Purification of Women delivered of Child offering of Chrysomes keeping of the four Offering-days paying their Tithes and such like Ceremonies be observed and kept till it shall please the King to change or abrogate any of them Where note that as Colledges see before § 87. so here Tithes also are conceived to be in the disposal of this Supream Head of the English Church § 101 By vertue of such Supremacy he without any consent of the Clergy 1. by his Vice-gerent Cromwel first ordered That English Bibles should be provided and put in every Church and that the Parson of the Parish say the Injunctions 1536. and 1538. set forth by Cromwel shall discourage no man from the reading or hearing of the said Bible but shall expresly provoke stir and exhort every Person to read the same admonishing them nevertheless to avoid all contention and altercation therein and to use an honest sobriety in the inquisition of the true sense of the same and to refer the explication of the obscure places to men of higher judgment in Scripture Which Publication of the Scriptures in the beginning of his recession from Rome perhaps he was the more inclined to for two things wherein he pleaded much their evidence in his justification The one See Fox p. 1000. That it was unlawful for him to have his Brothers Wife The other That the Pope could not by them claim any Jurisdiction over England He justly therefore relinquishing the one because it was there prohibited and disacknowledging the other because not there commanded Also in this Translation as those words 1. Pet. 2. 〈◊〉 were then and till the end of King Edward's days rendred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 submit your selves unto the King He was declared the chief Head of the Church of England But these words were changed afterward when Queen Elizabeth had refused such Title into King as having the Preheminence and King as Supreme But upon what ground soever it was that he made the Holy Scriptures common to the Vulgar for a time afterward when by three or four Years experience he had seen that so many Divisions came thereby the unlearned and unstable now as in St. Peter's time z. Pet. 3.16 wresting these holy writings hard in some things to be understood to their own destruction when the People had now ceased to depend on the authoritative Exposition of their Spiritual Superiors especially when they had also seen the King and his Vicar Cromwel Lay-men to judge of the Judgments of the Clergy and to reform their former Erments of the Clergy and to reform their former Errors after this experience I say by Authority of the same Supremacy 2. He commands again the Scriptures to be shut up and withdrawn from them prohibiting upon the Penalty of a Months Imprisonment toties quoties that any Woman Husbandman Artificer Yeoman Serving-man Apprentice or Journy-man Labourer c should read them to themselves or to others privately or openly See Stat. 34 35. Hen. 8. 1. c. Because saith the Preface of that Statute his Highness perceived that a great multitude of his Subjects most especially of the lower sort had so abused the Scriptures that they had thereby grown and increased in divers naughty and erroneous Opinions and by occasion thereof fallen into great divisions and dissensions among themselves And if you shy that the Opinions the King calls here erroneous were the Protestant Doctrines discovered by the vulgar from the new light of the Scriptures First you may see the very Opinions as the Bishops collected them in Fox p. 1136. c unownable by any sober Christian Secondly We who have had sad experience what monstrous opinions the vulgar by wresting those farted Writings have taken up in our days may rationally allaw the same incident to former times Of the same thing I find that King much complaining in his Preface also to Necessary Doctrine in this manner Like as in the time of darkness and ignorance so he calls the ages of the Church preceding his own finding our People seduced from the Truth by Hypocrisy and Superstition we by the help of God and his Word have travelled to purge and cleanse our Realm from the Enormities of the same wherein by opening Gods Truth with publishing of the Scriptures our labours have not been void and frustrate So now we perceive that in the time of knowledge so he calls his own times the Devil hath attempted to return again into the House purged and cleansed accompanied with seven worse Spirit and Hypocrisy and Superstition being excluded we find entered into some of our Peoples hearts an inclination to sinister understanding of Scripture presumption arrogancy carnal liberty and contention we be therefore constrained c. And afterward It must be agreed saith he that for the instruction of those whose Office it is to teach the reading and studying of Holy Scripture is necessary but for the other part ordained to be taught it ought to be deemed certainly that the reading of the Scripture is not so necessary for those Folks that of duty they be bound to read it but as the Prince and Policy of the Realm shall think convenient so to be tolerated or taken from it Consonant whereunto the politick Law of our Realm hath now restrained it c. Where note that he puts the just power of this toleration or restraint in the States not in the Church-men's Power Sec the like complaint made by him in his
profess the contrary nay will say that the succession of the Clergy shall keep teach and maintain our Lord's laws to the end of the world This question he asketh not he solveth not as writing against the Presbyterians who will not ask it him But what can he say Shall the Clergy judge They deny it to be the Lord's law what he against their consent would restore Shall the Prince judge But this is most unreasonable that the judgment of a Laick shall be preferred before the whole succession of the Clergy in Spiritual manters And what mischief will come hereupon if he judge amiss And here let me set before him his own rules Right of Chur. 4. c. p. 235. Such a difference falling out saith he i. e. between the secular power and the Bishops so that to particular persons it cannot be clear who is in the right as how can it be clear to particular persons which is not to their guides in those matters and which is not to other particular persons who also think the contrary clear it will be requisite for Christians in a doubtful case at their utmost perils to adhere to the guides of the Church against their lawful Sovereigns But if this his answer that the Prince may suppress the Apostolical power of the Clergy when this goeth against other our Lords or the Apostles Laws be unsatisfying to the great difficulty he proposeth I know not what other can possibly be returned to that his objection And I wonder that this considerative man who holds not the Pope to be Anti-Christ or the Hierarchy of the Church to be the followers of Anti-Christ should make such a supposition as this that the Apostolical Succession of the Clergy should oppose our Lords or the Apostles laws so far as that we shall depend on the Laity to restore them and to protect Christianity against their Guides § 205 The fifth is Dr. Heylin Whose testimonies justifying King Edward and Queen Elizabeth's reforming by their own sole authority Of Doctor Heylin or only with the advice of some few of their Clergy where they perceived that the rest would not comply See before § 129. Yet this their reforming I have shewed to have been for some part of it in matters of Doctrine and Faith To which former testimonies I will add here Reform Jâ—stisted p. 86. 1. First what he saith concerning the Clergy's not having any lawful power to conclude any thing in Spiritual matters that may bind King or Subject till the Royal authority confirmeth it contrary to the first Thesis It is true saith he the Clergy in their Convocation can do nothing now but as their doings are confirmed by the Kings authority And I conclude it stands with reason that it should be so For since the two Houses of Parliament can conclude nothing which may bind either King or Subject in their civil rights until they be made good by the royal assent so neither is it fit nor safe that the Clergy should be able by their Constitutions and Synodical Acts to conclude both Prince and People in Spiritual matters what not in such as Prince and People grant to intrench upon no civil Right until the stamp of Royal Authority be imprinted on them What if such supreme Governor be an Heretick an Arrian an Anabaptist c Ib. p. 84.2 2. What he saith concerning the King of England's having lawful power to act without his Clergy as the Clergy having conferred on him all their power which they formerly enjoyed in their own capacity Which was Philpot's Plea recited before § 168. contrary to the Second Thesis The Kings of England saith he had a further right as to this particular which is a power conferred upon them by the Clergy whether by way of recognition or concession I regard not here by which the Clergy did invest the King with a supreme authority not only of confirming their Synodal Acts not to be put in execution without his consent but in effect to devolve on him all that power which firmly they enjoyed in their own capacity amongst which Powers p. 85. he nameth this To reform such Errors and Corruptions as are expresly contrary to the word of God And to this we have a parallel case in the Roman Empire in which the supreme Majesty of the State was vested in the Senate and People of Rome till by the Law which they called Lex Regia they transferred all their power on Caesar and the following Emperors Which Law being passed the Edicts of the Emperor were as binding as the Senatus-consulta had been before Whence came that memorable Maxime in Justinians Institutes Quod Principi placuerit legis habet vigorem The like may be affirmed of the Church of England The Clergy had self authority in all matters which concerned Religion and by their Canons and Determinations did bind all the Subjects till by acknowledging King Henry the Eighth for the Supreme Head and by the Act of Submission not long after following they transferred that power upon the King and his Successors After which time whatsoever the King or his Successors did in the Reformation as it had virtually the power of the Convocation so was it as good in law as if the Clergy in their Convocation particularly and in terminis had agreed upon it And tho in most of their proceedings toward Reformation the Kings advised with such Bishops as they had about them or could assemble without trouble yet was there no necessity that all or the greatest part of the Bishops should be drawn together for that purpose no more than it was anciently for the godly Emperors to call together the most part of the Bishops in the Roman Empire for the establishing of the matters which concerned the Church or for the godly Kings of Judah to call together the greatest part of the Priests and Levites before they acted any thing in the Reformation of those corruptions and abuses which were crept in amongst them Thus Dr. Heylin p. 84. § 206 Indeed elsewhere he seemeth to put some limitations to the Prince's acting in such matters without or against their Clergy but then these limitations are such as that the reforming Prince's acts have transgressed his Rules To this purpose he saith p. 80 81. That whereas Reformation may be first in corruption of manners or abuses in Government secondly in matters practical thirdly in points of Doctrine 1. First That if the things to be reformed be either corruptions in manners or neglect of publick duties to Almighty God be abuses either in Government or in the parties governing the King may reform this himself by his sole authority tho the whole body of the Clergy or the greatest part thereof should oppose him in it 2. That if the practice prove to have been both ancient and universally received over all the Church the King consulting with so many of his Bishops and others of his most able Clergy as he thinks fit to call
literis excitaverat ipse Sanctus adversus Regem pro Ecclesia starent redarguerent comminarentur oâ—â—entantes quae in arcu sagittae paratae erant ad feriendum censuras nimirum Ecclesiasticas ab Ecclesia Romana Apostolico vigore prodeuntes ut potius adversus eundem pro Ecclesiae libertate pugnantem Sanctissimum Virum bella cierent telis oppeterent jurgiorum in scandalum omnium ista audientium Episcoporum Orthodoxorum Bar. An. A. C. 1167. Margin A like warm Expostulation upon these proceedings we meet with in Stapleton de tribus Thomis in Thoma Cant. * Quid aliud hic Henricus secundus tecte postulavit quam quod Henricus Octavus completa jam malitia aperte u surpavit nempe ut supremum Ecclesiae caput in Anglia esset What did this Henry the 2d tacitly demand but that which Henry the 8th afterwards openly usurp'd viz. to be Supreme Head of the Church of England and again * Quid hoc est aliud nisi ut Rex Angliae sit apud suos Papâ— what was this but that the King of England should be Pope over his own Subjects So that according to this Author Henry the 8th was not the first of that name who pretended to be Supreme Head of the Church It would be too tedious here to recite the several Statutes made in succeeding Reigns against the Popes Encroachments viz. the 35 of Edw. 1 25 Edv. 3. Stat de provisoribus 27 Ed. 3. c. 1. 38 Ed. 3. c. 1.2 4. stat 2. 2 Ric. 2. c. 3. 12 R. 2. c. 15. 13 R. 2. stat 2. cap. 2. 16 R. 2. c. 5. 2 Hen. 4. cap. 3. 2 Hen. 4. cap. 4. 6 Hen. 4. cap. 1. which speaks of horrible mischiefs and a damnable custom brought in of new in the Court of Rome 7 Hen. 4. cap. 6.8 9 Hen. 4. cap. 8. 3 H. 5. c. 4. Which see collected by Rastal under the title of Provision and Praemunire fol. 325. It may suffice to add the Opinion of our * Cokes Inst l. 4. c. â—4 Lawyers that the Article of the 25 of Hen. 8. c. 19. concerning the prohibition of appeals to Rome is declaratory of the ancient laws of the Realm * 1. Eliz. c. 1. and accordingly the Laws made by King Henry the 8th for extinguishing all forreign power are said to have been made for the Restoring to the Crown of this Realm the Ancient right and Jurisdictions of the same Which rights are destructive of the Supremacy of the Pope as will farther appear by our 2d Inquiry how far the Regal power extended in Causes Ecclesiasticall Where 1st As to the title of Head of the Church we find that * Twisd c. 5. par 2. King Edgar was reputed and wrote himself Pastor Pastorum the Vicar of Christ and by his Laws and Canons assur'd the world he did not in vain assume those titles * Chap. 5. par 14. c. 6. par 8. That our Forefathers stil'd their Kings Patrons Defenders Governours Tutors and Protectors of the Church And the Kings Regimen of the Church is thus exprest by King Edward the Confessor in his laws Rex quia Vicarius summi Regis est ad hoc est constitutus ut regnum terrenum populum Domini super omnia Sanctam veneretur Ecclesiam ejus regat ab injuriosis defendat Leg. Edv. Conf. apud Lamb. Where it is plain that he challenges the power of Governing the Church as being the Vicar of God so that it was but an Artifice in Pope Nicholas the Second to confer on the same King as a priviledge delegated by him what he claim'd as a right deriv'd immediately from God * Vobis posteris vestris Regibus Angliae committimus advocationem ejusdem loci omnium totius Angliae Ecclesiarum ut vice nostra cum Concilio Episcoporum statuatis ubique quae justa sunt To you saith that Pope to the Confessor and your Successours the Kings of England we commit the Advowson of that place and power in our stead to order things with the advice of your Bishops Where by the way if we may argue ad hominem this Concession gives the King of England as much right to the Supremacy over this Church as a like Grant from another Pope to the Earl of Sicily gives the King of Spain to his Spiritual Monarchy over that Province But the Kings of England derive their Charter from a higher Power They challenge from St. Peter himself to be * 1 Pet. II. 13. Supreme and from St. Paul that * Rom. XIII 1. every Soul should be subject to them And the extent of their Regal power may be learn'd from St. Austin who teaches us * In hoc Reges sicut eis divinitus praecipitur Deo serviunt in quantum Reges sunt si in Regno suo bona jubeant mala prohibeant non solum quae pertinent ad humanam societatem verum etiam quae pertinent ad divinam Religionem Aug. contra Crescâ—n l. 3. c. 51. that the Divine right of Kings as such authorized them to make Laws not only in relation to Civil Affairs but also in matters appertaining to divine Religion In pursuance of which 2ly As to the power of making Ecclesiastical Laws That the Kings of England have made Laws not only concerning the External Regimen of the Church but also concerning the proper Functions of the Clergy namely the Keyes of Order and Jurisdiction so far as to regulate the Use of them and oblige the Persons entrusted with them to perform their respective Offices is evident to any one who shall think it worth his leisure to peruse such Laws yet extant A Collection of the Laws made by Ina Alfred Edward Ethelstan Edmund Edgar Ethelred Canutus and others we have publish'd by Mr. Lambard in which we meet with Sanctions concerning Faith Baptism Sacrament of the Lord's Supper Bishops Priests Marriage Observance of Lent appointing of Festivals and the like And here it may not be unseasonable to urge an Autority which our Editor cannot justly decline I mean Mr. Spelman jun. in his Book de Vita Alfredi written by him in English but Publish'd in Latin by the Master of University College in Oxford in the Name of the Alumni of that Society This Author speaking of the Laws made by King Alfred in Causes Ecclesiastical makes this Inference from them * Hae leges hactenus observationem merentur quod ex iis constat etiam illis temporibus Reges Saxonicos Alfredum Edvardum sensisse se Suprematum habere tam in Ecclesiasticos quam in Laicos neque Ecclesiam quae in ipsorum ditione esset esse quid peregrinum vel Principi alicui extraneo subditam domi autem Civitatis legibus solutam quod Anselmus Beckettus aliique deinceps insecuti acriter eontenderunt Vita Alfr. lib. 2. par 12. These Laws do therefore deserve our particular Observation because from them it is evident that the
of several times justified and condemn'd the same thing I am very well convinc'd tho' not from our Author's proof that the Pope stood not alone in his judgment For certainly He that holds both sides of a Contradiction cannot be singular in his Opinion The Pope judg'd for the Divorce in the 17th Paragraph when the Dispensation was procur'd from him but here in the 19th he judges against it But our Author mistakes that Pope's Character when he represents him as passing Sentence according to the merits of the Cause it being certain that in this whole procedure He acted by no other Principles then his Passions or Interest And therefore this Author observes a greater Decorum when telling us in the same Page that the King had now no hopes of obtaining a Divorce from the Pope he does not pretend the Reason to have been because the Pope was convinc'd of the Unlawfulness of it but because at the same time he stood much in aw of the Emperor victorious in Italy and a near Kinsman and Favourer of Queen Katherine He needed not therefore to have instanc'd in the different Opinions of diverse Men since the actings of the Pope alone would sufficiently have convinc'd us that the several Interests of several times justifi'd and condemn'd the same thing Now to return to our Matter in hand So that it seems he has digress'd for 2 Pages to no other purpose then to shew that his Paratheses are of the same Stamp with his Parentheses The aforesaid Summ of 100000 l spent upon the Vniversities abroad c. This is again a transcript from Dr. Bailie and I need say no worse of it § 20 The King he saith excepted at the Limitation of Quantum per legem Christi licet in the Title given him by the Clergy and so at last upon renew'd threats this Clause also was procur'd to be omitted See Antiquit. Britannic The Author knew or might have known that the Author of the Antiquities was in this mistaken For Dr. Burnet a Hist V. 1. p. 112. from the Cabala p. 244. has upon this passage in A. Bp. Parker observ'd that King Henry when the Province of York demurr'd upon granting the King the Title of Head as improper in his Answer to them urges that Words are not always understood in the strictest Sense and mentions the Explanation made in the Province of Canterbury that it was in so far as is agreeable with the Law of Christ Accordingly it is represented as pass'd with this Qualification by our other b Herbert p. 348. Full. Eccl. Hist Book 5. p. 184. Dr. Heylin Ref. Justif § 2. Historians He refers us again to Dr. Bailie But the Reader I presume has had enough of him already The excluding the Patriarch is he saith contrary to his 4th Thesis It is pity these Theses were not written in the last Century for the Use of those Roman-Catholics who excluded the Pope They could find no grounds for the Papal Autority from Scripture Antiquity or Reason but they might perhaps have been convinc'd from our Author's Theses which are an Autority distinct to all those This Paragraph concludes with the mangled Citation from Dr. Hammond which has already been animadverted on and is a sore which if I do not here again touch upon it is because I would not gall him too much Cranmer is said to have divorc'd the King from Q. Katherine after he had excluded the Pope's Autority out of his Dominions § 22 The Divorce c Burn. V. 1. p. 131. compar'd with p. 144. was pronounc'd in May 1533 and the Extinguishing Act did not pass till March following Cranmer in the Sentence is call'd Legate of the Apostolic See By this Instance it is plain how implicitely our Author follows a Sand p. 73. Sanders in his Chronology as well as History Warham a favourer of the Queen's cause b Sand. p. 55. Varamus qui summo studio Reginae partes adjuverat saith Sanders This favourer of the Queen's Cause when the Marriage was first propos'd c Burn. V. 1. p. 35. declar'd it was contrary to the Law of God He induc'd d Ibid. p. 36. the e Hen. the 8th Prince when of Age to enter his Protestation against it f Ibid. p. 38. He subscrib'd and perswaded the other Bishops to subscribe to the unlawfulness of it He earnestly prest Fisher to concurr and upon Refusal made another set that Bishop's Name and Seal to the Resolution of the other Bishops These are some of the favours which Warham shew'd to the Queen's Cause § 23 The Clergy having declar'd the King Supreme Head of the Church it seem'd reasonable that no Acts of the Church should stand good without the concurrence of the Head This is a wild and senseless Calumny the C. of England thinks no Acts which are purely Spiritual want the King's concurrence her Sacraments and her Censures she esteems valid independently on all humane Autority her Charter she derives immediately from Christ The Clergy did indeed bind themselves not to promulge and execute any Canons without the King's leave but the execution of which they abridg themselves is such as hath influence on the Civil Rights of the Subject and therefore necessarily requir'd the concurrence of the Supreme Civil power He cites from Dr. Heylin an Answer made by Gardiner and allow'd by the Convocation to a Parliamentary Remonstrance But either my a Reform Just in the Historical Tracts Edit Lond. 1681. Edition of Heylin or which I am the rather apt to think from the infidelity of his other citations this Author deceives me The next Paragraph descants upon the request of the Clergy that the Laws Ecclesiastical might be review'd by 32 Commissioners § 24 This he complains was never sufficiently weigh'd by Dr. Heylin Dr. Hammond nor Dr. Fern. The business of those Advocates was to defend the Reformation and it is one of our Author 's pertinent remarks that they did not meddle with what was not reform'd The Reformation of the Canons was a design of which Nothing worse can be said than that it did not take effect If it trouble him that Canons contrary to the King's Prerogative Laws of the Land good of the Subject and Laws of God should be reform'd no Honest man can pity him If he quarrels with the competency of the Reviewers that has been spoke to by the b Animadv p. 36. Animadverter If by Canons Synodal he will understand the Constitutions of any other Synods but those of this Nation it is out of his wonted pride to outface the Statutes For the c Forasmuch as such Canons Constitutions and ordinances as heretofore have been made by the Clergy of this Realm cannot now be view'd examin'd and determin'd by the King 's Highness and the 32 Persons according to the Petition of the Clergy 25. Hen. 8.19 c. Act expresly limits the Review to those Canons which had been enacted by English Synods and had no
usurped Papal Supremacy Examin Champ. 2. c p. 69. than these Bishops did retracting their acknowledging of such a Regal Supremacy and that upon deprivation of their Bishopricks and Imprisonment of their persons some in King Edward's and some in Qu. Elizabeth's days retracting c I suppose for this reason because by sad experience they saw it much enlarged beyond those bounds within which only they formerly had maintained it just And Fourthly By the early Act of Parliament 24. Henry 8.12 c. where in the Preface it is said That when any Cause of the Law Divine cometh in question that part of the Body Politick called the Spirituality now being usually called the English Church is sufficient and meet of it self without the intermeddling of any exteriour person or persons to declare and determine all such doubts and where in the Act it is ordered that such Causes shall have their appeals from the Arch-Deacon to the Bishop and from the Bishop to the Arch-Bishop of the Province and there to be definitively and finally adjudged Finally i. e without any further appeal to the King Neither can it be shewed that expresly this authority or jurisdiction To repress reform correct and amend all such Errors Heresies Abuses Enormities whatsoever they be which by any manner of Spiritual Authority or Jurisdiction ought or may lawfully be repressed reformed c any Forreign Laws Forreign Authority Prescription or any thing or things to the contrary thereof notwithstanding tho it was allowed to the King as a Branch of his Supremacy by the Parliament was conceded or voted by the Clergy or pretended to be so but was built only by consequence upon the Clergy's recognizing him the supream Head of the Church of England as appears in the Preface of that Act 26. Hen. 8.1 c. By these things therefore it seems that as yet all the Jurisdiction for determining Spiritual Controversies that was taken from the Pope was committed to the Community of the English Clergy or finally placed in the Arch-Bishop of Canterbury But you will find by what follows that it long rested not here but was shortly after removed from hence into the hands of the King And as it was thus with the Clergy so in the Laity also in the Parliament its self in the new power given of altering and dispensing with former Church Laws 25. Hen. 8.21 c. there seemeth at first to have been a kind of jealousy upon the new introduced Supremacy left it might afterward proceed to some exorbitancy as to changing something in the substance of Religion Therefore in the forenamed Act they insert this Proviso Provided always this Act nor any thing therein contained shall be hereafter interpreted that your Grace your Nobles and Subjects intend by the same to decline and vary from the Congregation of Christs Church in any things declared by the Scriptures and the word of God necessary concerning the very Articles of the Catholick Faith of Christendome or any other things declared by the Scripture necessary for your and their Salvation but only to make an Ordinance by Polities necessary and convenient to repress vice and for good conservation of this Realm in peace unity and tranquility from rapine and spoyl insuing much the old ancient Customs of this Realm on that behalf Not minding to seek for any reliefs succors or remedies for any wordly things and humane laws in any case of necessity but within this Realm at the hands of your Highness which ought to have an Imperial power and authority in the same and not obliged in any worldly Causes to any Superior Upon which Proviso Bishop Bramhal hath this note Schism Guarded p. 63. That if any thing is contained in this Law for the abolishing or translation i. e from the Clergy of power meerly and purely Spiritual it is retracted by this Proviso at the same time it is Enacted CHAP. III. The Supremacy in Spirituals claimed by King Henry the Eighth II. Head § 26 II. VVE have seen how far the Clergy and Laity also at first seem to have proceeded in the advancing of the Kings Supremacy Concerning what Supremacy was afterward by degrees conferred on or also claimed by the Prince Now to come to the Second thing I proposed to you Concerning what Supremacy was afterward by degrees conferred on or also claimed by the Prince After the Title then of Supream was thus yielded by the Clergy as likewise that they would thence-forward enact or publish no Synodal Decrees or Constitutions without the consent first obtained of this their declared Supream It was thus Enacted by the Authority of Parliament 26. Hen. 8.1 c. 1. In the times of H. the 8th That the King shall have and enjoy united to the Imperial Crown of this Realm all Jurisdictions to the said Dignity of Supream Head of the same Church belonging which Jurisdiction how far it is understood to be extended see 1. Eliz. 1. c. where it is Enacted that such Jurisdictions Priviledges and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power hath heretofore been or may lawfully be exercised or used for the Visitation of Ecclesiastical State and Persons and for Reformation of all manner of Errors Heresies Schisms c shall for ever by authority of this present Parliament be united and annexed to the Imperial Crown of this Realm And further see the Act 37. Hen. 8.17 which runs thus Whereas your most Royal Majesty is justly Supream Head in Earth of the Church of England and hath full authority to correct and punish all mannner of Heresies Errors Vices and to exercise all other manner of Jurisdictions commonly called Ecclesiastical Jurisdiction Nevertheless the Bishop of Rome and his Adherents have in their Councils and Synods Provincial established divers Ordinances that no Lay-man might exercise any Jurisdiction Ecclesiastical or be any Judge in any Ecclesiastical Court which Ordinances or Constitutions standing in their effect did sound to be directly repugnant to your Majesties being Supream Head of the Church and Prerogative Royal your Grace being a Lay-man And whereas albeit the said Decrees by a Statute 25. Hen. 8. be utterly abolished yet because the contrary thereunto is not used by the Arch-Bishops Bishops c who have no manner of Jurisdiction Ecclesiastical but by under and from your Royal Majesty it giveth occasion to evil disposed persons little to regard and to think the proceedings and censures Ecclesiastical made by your Highness and your Vice-gerent Commissaries c to be of little or none effect whereby the people have not such Reverence to your most Godly Injunctions as becometh them In consideration that your Majesty is the only and undoubted Supream Head c to whom by Holy Scripture all power and authority is wholly given to hear and determine all manner of Causes Ecclesiastical and to correct vice c May it therefore be Enacted that all persons as well Lay as those that are Married being Doctors of the Civil Law
expressed and as I think some of these Instances in the Parliaments Acts c made above do confirm tho some Writers in our latter times seem to be somewhat unwilling to acknowledge it And it is plain that Calvin in Amos 7. understood those times in which he writ to have given Supremacy to Kings and particularly to Henry the Eighth in this gross sense Whilst he complains thus Et hodiè quam multi sunt in Papatu qui Regibus accumulant quicquid possunt juris potestatis ita ut ne qua fiat disceptatio de religione sed potestas haec sit penes Regem unum ut Statuat pro suo arbitrio quicquid voluerit sine controversiâ hoe firmum maneat Qui initio tantoperè extulerunt Henricum Regem Angliae certè fucrunt inconsiderati homines Dederunt illi summam rerum omnium potestatem hoc me semper graviter vulneravit erant enim blasphemi cùm vocarent ipsum summum caput Ecclesiae sub Christo Hoc certè fuit nimium Sed tamen sepultum hoc maneat quia peccarunt inconsiderato zelo Sed impostor ille Stephen Gardiner qui postea fuit Cancellarius hujus Proserpinae quae hodiè illic superat omnes diabolos he means Queen Mary Ille cum esset Ratisponae non pugnabat rationibus loquor de hoc postremo Cancellario qui Episcopus fuit Vintoniensis sed quemadmodum jam caepi dicere non multum curabat Scripturae testimonia sed dicebat fnisse in arbitrio Regum Statuta abrogare ritus novos instituere Si de jejunio agitur illud regem posse populo indicere jubere ut hoc vel illo die vescatur populus carnibus licere etiam prohibene Sacerdotes a conjugio licere etiam regi interdicere populo usum calicis in caenâ licere regi statuere hoc vel illud in regno suo Quare Potestas enim summa est penes Regem He goes on complaining Certum quidem est Reges si fungantur suo officio esse Patronos Religionis nutricios Ecclesiae Hoc ergo summoperè requiritur a Regibus ut gladio quo praediti sunt utantur ad cultum Dei asserendum but of whom shall they learn the right cultus Dei Of the Body of Church-men Then what will become of Galvinisme Sed interea sunt homines inconsiderati such as Arch-Bishop Granmer and others qui faciunt illos nimis Spirituales Et hoc vitium passim regnat in Germaniâ In his etiam regionibus nimium grassatur amongst the Genevois and the Swisses nunc sentimus quales fructus nascantur ex illâ radice quod sic Principes quicunque potiuntur imperio putant se ita Spirituales esse ut nullum sit amplius Ecclesiasticium regimen Non putant se posse regnare nisi aboleant omnem Ecclesiae authoritatem sint summi Judices tam in doctrinâ quam in toto Spirituali regimine Tenendum est igitur temperamentum quia hic morbus semper in Principibus regnavit ut vellent inflectere religionem pro suo arbitrio libidine interea etiam pro suis commodis Hodiè dolendae sunt nobis nostrae vices deplorandae Thus he goes on complaining of the reforming Princes in those times making themselves the summi Judices both in Ecclesiastical Doctrines and Government Himself mean-while thus being destitute of any Judge at all in these matters the judgment of Seculars being by his sentence invalid of the Church opposing him To this of Calvin may be added what Dr. Fern saith in his Consid concerning Reform 2. c. 6. § That the Bishops and Clergy under Henry the Eighth may seem at least in words and expression to have over-done their work not in that part which they denied to the Pope but in that part which they attributed to the King I add which part wrongly attributed to the King by consequence they faultily denied if not to the Pope yet to some other whose right it was And then I ask what person or persons this should be CHAP. IV. The Supremacy claimed by King Edward the Sixth § 38 NExt to come to the Times of Edward the Sixth Here we find the Power and Priviledges of the Kings Supremacy nothing diminished 2. In the times of Edward the Sixth but all those by Act of Parliament confirmed to Edward the Sixth which were formerly conceded to Henry the Eighth § 39 1. First Whereas there had been in former Ages several Parliament Statutes made in Confirmation of the Determinations of the Church and concerning the Tryal of Hereticks by the Bishops their Ordinaries As that Act 2. Hen. 4.15 That none shall preach hold teach or instruct contrary to the Catholick Faith or Determination of Holy Church and if any person shall offend in this kind that the Diocesan shall judicially proceed against him and that Act 2. Hen. 5.7 That for so much as the Cognizance of Heresy belongeth to the Judges of Holy Church and not to the Secular Judges such persons indited shall be delivered to the Ordinary of the Places to be acquitted or convicted by the Laws of Holy Church we find these Statutes repealed by King and Parliament 1. Edw. 6.12 c. And when-as they were again revived by Queen Mary 1 and 2. Mariae 6. c. with this Preface for the eschewing and avoiding of Heresies which of late have much increased within this Realm for that the Ordinaries have wanted authority to proceed against those that were infected therewith we find them again repealed as soon as Queen Elizabeth came to the Crown 1. Eliz. 1. c. the Tryal of Heresies and Hereticks by the Clergy according to the Determinations and Laws of Holy Church being admitted or excluded here according as the Prince was Catholick or Reformed § 40 Further we find it affirmed in the Act 1. Edw. 6.2 c. That all authority of Jurisdiction Spiritual and Temporal is derived and deduced from the Kings Majesty as Supreme Head of the Church and Realm of England Consequently in 1. Edw. 6.2 c. we find ordered That no Election be made of any Bishop by the Dean and Chapter but that the King by his Letters-Patents shall confer the same to any person whom he shall think meet and a Collation so made stand to the same effect as tho a Conge-d'-eslire had been given c. That all Processes Ecclesiastical shall be made in the name and with the stile of the King as in Writs at Common-Law and the Teste thereof shall be in the name of the Bishop These likewise to be sealed with no other Seal but the Kings or such as should be authorized by him Concerning which Act thus Dr. Heylin candidly Hist of Reform p. 51. By the last Branch thereof it is plain that the intent of the Contrivers was by degrees to weaken the Authority of the Episcopal Order by forcing them from their hold of Divine Institution and making them no other than the Kings
The Act here descanted upon expir'd with King Henry and it will be time enough to consider it when it is reviv'd again If Prohibition of appeals to Rome and making the King the last Appellee be an Act of the Reformation § 33 it has been prov'd that King Henry the 2d and all his Bishops except Becket were Reformers § 34 Some Acts of Parliament are cited in the 34th Paragraph which were repeal'd by King Edward and yet make up part of that accumulative charge which is laid on the Reformation Even the Six Articles are urg'd which drain'd the blood of so many Reformers But the Protestants in justifying the King's Supremacy must allow their own Condemnation if teaching any thing contrary to the six Articles c. That is all those who own an Autority must justify the abuse of it They who obey the just Commands of their Prince must obey him when he commands what is unjust Father Walsh acknowledges I suppose the Pope's Supremacy but he thinks himself severely dealt with when he is censur'd for not being a Rebel Having quoted several Acts he comes to reflect upon them a little viz. for six Pages First he copes with Arch Bishop Bramhal but I should be unjust to that Prelate's memory if in so unequal an engagement I should think he wanted my Assistance What is said by the Bishop is not said only but demonstrated This Author has urg'd nothing against him but what he might have fetch'd from the Bishop's own Confutation of Serjeant The Question here discust has already been debated in the a p. 20. Animadversions and if the Reader desires to be farther satisfied I cannot more oblige him then by sending him to the Most Reverend and Learned Author He will find there a just and solid Vindication of a Noble Cause which suffers when it falls into weak management and is made part of an Occasional Pamphlet Having catechiz'd the Bishop he next canvaseth that Statute of much concernment that the King shall have power from time to time to Visit Repress and Reform all such Errors and Heresies as by any manner of Spiritual Autority lawfully may be Reform'd But this Act will be without the reach of our Author's cavils if it be observ'd That the Power by which the King Visits and Reforms is not Spiritual but Political That a Power is not given him to declare Errors but to repress them that the determination of Heresie is by Act of Parliament limited to the Autority of Scriptures 4 first General Councils and assent of the Clergy in their Convocation that the King hath not all the Power given him which by any manner of Spiritual Autority may be lawfully exercis'd for he has not the power of the Keys but a power given him to reform all Heresies by Civil Authority which the Church can do by her Spiritual That it is impossible it should be prov'd that this power of Visiting and Reforming is a necessary Invasion of the Office of Spiritual Pastors because when the Prince doth it by them commanding them to do the Work and exacting of them a discharge of their duty He doth this without Usurping their Office and yet doth it by a power distinct from and independent on their's And lastly that the Prince is oblig'd to take care that all Acts of reforming be executed by their proper Ministers because else he transgresses the Power prescrib'd in this Statute so to reform Errors as may be most to the pleasure of Almighty God The Application is obvious and will satisfie the Reader that our Author must part with a whole Paragraph if He will as he pretends §. 35. n. 4. remove the Mis-interpretation of this Act. § 36 The next Paragraph makes remarks upon a Proclamation and speech of King Henry's and some words of Cromwel which were very justifiable if it were either necessary that we must defend them or the Defence not obvious to every one who thinks His Conclusion of this Chapter amounts to no more then that Bishop Gardiner was too great a Courtier and Calvin too credulous § 37 One was gross in his sense of the Supremacy and the other zealous against it so misrepresented Which will then begin to be pertinent when it is prov'd that Gardiner was a Protestant and Calvin a son of the Church of England There is so little in this Chapter which affects the Reformation that it cannot be worth recapitulating A Reply to Chapter the 4th § 38 NOW he comes to the times of Edward the 6th Now then he first begins to remember the Title of his Book Here he finds all the Supremacy confirm'd to Edward the Sixth which was formerly conceded to Henry the 8th And yet the Reformers are accus'd of Innovation for continuing what they found establish'd by Roman-Catholics he complains of the Repeal of several Statutes made in confirmation of the Determinations of the Church § 39 But by the Church is meant the Church of Rome and it is no great Crime in a Reforming Prince that he did not think himself oblig'd to punish with Death all her Determinations These Statutes now repeal'd were reviv'd by Q. Mary and again repeal'd by Q. Elizabeth Which amounts to no more then that Q. Mary was a Roman-Catholic and Q. Elizabeth a Catholic Reformed Hence he infers by way of Corollary that the trial of Heresies and Hereticks by the Clergy according to the Determinations and Laws of Holy-Church was admitted or excluded here according as the Prince was Catholic or Reform'd This sentence carries two faces and is capable of two very different Constructions Either it may signifie that the Clergy were or were not the tryers of Heretics according as the Prince was Romanist or Reformed ‖ and then it is false Or that the Determinations of Holy Church You must understand the C. of Rome were or were not the Rule of such Trials according as the Prince was of the Roman or Reform'd Communion and then it is wonderfully impertinent § 40 This seeker goes on and finds it affirm'd in an Act of Parliament that All Jurisdiction Spiritual and Temporal is deriv'd from the King as Supreme Head of the Church and Realm of England But if he had pleas'd He might have found too that this Act is repeal'd and that therefore we are under no Obligation to defend it But if Jurisdiction be understood in the limited sense before explain'd this Act has no poison in it And so it will be understood by any one who consults the Context But this Act has been so largely and distinctly discuss'd by a Learned a Bishop Sanderson's Episcopacy not prejudicial to Regal power Casuist that a farther disquisition of it is needless The change of Election of Bishops by Conge d'eslire into Collation by Letters-Patents is a bad instance of the King's Supremacy for if such collation infers a Regal Supremacy those who have read that Bishopricks were originally Donative not Elective will be apt to conclude that the King
's of England were always Supreme Nor is this Nomination at all injurious to the Divine Right of Bishops which is not deriv'd from the Persons Electing or Nominating but the Pastors Consecrating But we have him again crying out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He finds the King and Parliament authorizing Arch-Bishops Bishops c. By Virtue of their Acts to take Informations concerning the not using of the Common-Prayer c. Therein prescrib'd and to punish the same by Excommunication c. The first and last of these cs are very artificially placed for corrupting the Text. After Bishops should have follow'd Chancellors and Commissaries after Excommunication Sequestration and other Censures and Processes So that the Autority given by this Act doth not necessarily respect the Bishops and that Power of Excommunicating which they have jure divino but may relate to the power given to Chancellors and Commissaries and other Officers who plead no such divine right to their respective Functions or if the Bishops are included yet not so as that they derive the power of Excommunicating from this Act but of inflicting the other punish-ments which by this Act may be inflicted Or let us suppose the Bishops authoriz'd by this Act to Excommunicate and Excommunication taken in the strictest sense for internal Censures yet this will be no injury to their Jus divinum untill it be prov'd that because God has gave the Bishops a power to Excommunicate therefore the King may not command them to put it in Execution where there is a just Cause § 41 He finds 32 Persons commission'd to reform the Laws Ecclesiastical But this he found before in King Henry's Reign where it has already been consider'd and whither I refer the Reader as often as this Author shall be pleas'd to remind us of this Discovery § 42 He finds Six Prelates and Six others commissioned to make a new form of Consecration of Bishop's and Priests He might have found that this Act as well as the former was made at the a See the Petitions of the Clergy Burn. Vol. 2. p. 47. request of the Convocation Nothing is by him excepted against the Form it self and for the Autority the Synod petition'd such a Commission might be granted the b Six Prelates and six Divines Bur. V. 2. p. 141. Persons commission'd were all Clergy Men and c King Edwards Articles Art 35. Bur. V. 2. Coll. p. 218. the Synod confirm'd it when done As for the Oath against the Pope inserted in the new Ordinal it was by birth a Roman-Catholic d Fox p. 1092. King Henry's Bishops took it without scruple That e Compare the Oath in Fox with the Oath of Supremacy as it now stands part of it which this Author thinks most offensive is since put out and he may be as severe as he pleaseth upon a Non-entity The Heretical Catechism in the 43d Paragraph shall be spoken to when it meets us agen in the 166th § 43 The 44th would justifie a Protestation of Bishop Bonner's which that Bishop himself a Bur. V. 2. Coll. p. 112. recanted He is angry at Fox for calling that Protestation Popish But the Prelate himself in his recantation of it calls it unadvised of ill ex-example unreasonable and undutifull If Fox abuses the Bishop it is because Popish signifies something worse then all these § 45 We are next entertain'd with a confus'd Catalogue of Articles propos'd to Bishop Gardiner's Subscription together with our Author's Notes upon them One of the most pertinent Notes would have been that Bishop b Fox p. 1350. 1357. Gardiner subscrib'd most of these Articles but this was not for his Interest to observe His remark is that tho' in some of these Articles the Autority of Parliament is mention'd yet in none of these is any thing said of the Consent of the Clergy as necessary to make such Parliamentary or Regal injunctions valid That the consent of the Clergy was urg'd to this Bishop I hope he does not deny I am sure c §. 110. it is urg'd by r. that in the charge given in against Gardiner it is said that the Injunctions were of all men for all sorts obediently receiv'd And that this charge was given in is not denied in the Reply to r. §. 119. elsewhere He confesses it The meaning must be that this consent was not urg'd under the modality of making the Regal Injunctions valid Nor do I see any Necessity it should for Gardiner had not yet so far refin'd his gross sense of the Supremacy but that he still own'd his Obligation to obey His Majestie 's Godly Injunctions and Ordinances concerning Religion Neither could the Imposers of these Injunctions according to their Principles lay so great a stress on the consent of the Clergy for if the matter of the Injunctions was unlawful no Church-Autority could make them lawful but if it was agreeable to the Law of God then the Civil Autority without the Synodal if that had been wanting was sufficient From this idle remark the Author has rais'd as idle a Consequence From this non-mentioning the consent of the Clergy he collects that when the Synodal consent of the Clergy is any where else mention'd as sometimes it is it is not to add any Autority to these Injunctions thereby Now to me it seemes a wild Inference that because the Synodal consent was once not urg'd as necessary therefore when-ever it was urg'd it was thought to add no Autority I may certainly obey my Prince in a thing lawful tho' my Pastor doth not at the same time exact this Obedience from me But when they both require the same Duty there ariseth a new tie of Obedience and I am now under a double Obligation But least we should wonder why the King and Parliament never pleaded any Necessity of the Synodal consent the Author conjectures the reasons to be 1st Because some of the Voters were displac'd and so their suffrage less Authentical But these places were supplied and then I would know why those who succeeded into their Pastoral charge did not also succeed into their Synodal Autority and if so why the Reformers should think the Act of a Synod less Authentical when Ridley sat there than when Bonner did His second reason is Because they saw that the Laws of this National Clergy could stand in no force but so would also the Laws of the Church and her Synods which were superior to the English Clergy And if the King urg'd his and his Subject's freedom from the Laws of the Church Vniversal so must He also from the Laws of his own Church National Church Superior Synods and the Church-Vniversal are words which sound big but when they come to be construed the Laws of the Church signifie Papal Decrees Superior Synods are put for any Council that is forreign and the Church-Vniversal dwindles into Roman-Catholic In this case I hope we may obey our Lawful Pastors tho' we reject an Usurper
who shall be deputed to be any Chancellor Commissary c may lawfully exercise all manner of Jurisdiction commonly called Ecclesiastical Jurisdiction any Constitution to the contrary notwithstanding And see Reformatio Legum Ecclesiasticarum tit de Officio Jurisd omnium Judicum Rex tam in Episcopos Clericos c quam in Laicos plenissimam jurisdictionem tam civilem quam Ecclesitasticam exercere potest cum omnis Jurisdictio Ecclesiastica Saecularis ab eo tanquam ex uno eodem fonte derivantur § 27 Amongst which Jurisdictions I understand also Excommunication Suspension and Deprivation ab officio of which see more below p. § 46. Not that I affirm the King did ever claim the right of exercising himself this power of the Keys but that he claimed this right which is contrary to the First Thesis that no Clergy-man being a Member of the Church of England should exercise it in his Dominions in any Cause or on any Person without the leave and appointment of him the Supream Head of this Church nor any forbear to exercise where he the Head commanded it As before the Reformation the inferiour Clergy might not exercise any Church Censure contrary to the commands of their lawful Spiritual Superiors which Jurisdiction of their former Spiritual Superiors was now enstated on the King On the King Not as one subordinate to the Ecclesiastical Jurisdiction herein For so a Lay-person in foro exteriori or contentioso as 't is called which Court the Church used before any Prince was Christian may excommunicate sometimes tho not ligare or solvere in foro interiori or poenitentiali yet for the exteriour also see what Provision is made against this in 16. Caroli 1. Can. 13. But as one by God primarily invested with the disposal thereof from whom the Ecclesiastical Governors within his Dominions derive this authority as you have seen in the Preface of this Act. § 28 Again in vertue of this Jurisdiction translated to the King by another Act of Parliament 25. Hen. 8.21 c. the Supreme Power of giving all manner of Licences Dispensations Faculties Grants c for all Laws and Constitutions meerly Ecclesiastical and in all Causes not being contrary to the Scriptures and Laws of God is not only taken from the Pope but from the Clergy too and is committed to the Secular Power contrary to the Eighth Thesis The Statute saith thus That whereas it standeth with Natural Equity and good Reason that in all humane Laws in all Causes which are called Spiritual induced into this Realm your Royal Majesty and your Lords Spiritual and Temporal and Commons in Parliament where you see the Parliaments Supremacy as to admitting or abrogating Ecclesiastical Constitutions joyned with the Kings have full power and authority not only to dispense but also to authorize some elect persons to dispense with those and all other humane Laws of this your Realm as the quality of the persons and matter shall require as also the said Laws to abrogate admit amplify or diminish Be it therefore Enacted That from henceforth every such Licence Dispensation c that in cases of necessity may lawfully be granted without offending the Holy Scripture and Laws of God necessary for your Highness or for your Subjects shall be granted in manner following that is to say the Arch-Bishop of Canterbury shall have Power to grant them to your Majesty c. And if the foresaid Arch-Bishop shall refuse or deny to grant any Licences Dispensations that then upon Examination had in your Court of Chancery that such Licences may be granted without offending against the Scriptures your Highness shall command the Arch-Bishop to grant them c under such Penalties as shall be expressed in such Writ of Injunction And it shall be lawful to your Highness for every such default of the said Arch-Bishop to give Power by Commission to such two Spiritual Prelates or Persons to be named by your Highness as will grant such Licences and Dispensations Here the Supream Power of dispensing with Ecclesiastical Constitutions is ascribed to the King and Parliament as recognized Supream Head of the Church and the Arch-Bishop made his Delegate and after the Arch-Bishop the King or his Court of Chancery made the last Judge what things in such Dispensations offend against Scripture what not § 29 By vertue of the same Jurisdiction translated to the King by an Act of Parliament 25. Hen. 8.20 c. The necessity of the Metropolitan's being confirmed by the Patriarch is taken away and the Clergy are bound to admit and consecrate what person soever the King shall present to any Bishoprick upon Penalty of incurring a Premunire and the Consecration is to be performed by such and so many as the King shall appoint A thing contrary to the Third Thesis and the Canons of former Superior Councils and ruining the Church when the Prince is Heretical See the Statute § 30 Again it is Enacted by the Statute above-mentioned 26. Hen. 8.1 c. That the King should have full power from time to time to visit repress reform correct and amend all such Errors Heresies c as is set down but now § 25. § 31 Again 25. Hen. 8.19 c. It is Enacted by the same authority That all such Canons and Constitutions Provincial or Synodal which be thought prejudicial as I have set it down before § 23. § 32 The like is Enacted 32. Hen. 8.26 c. viz. That all such Determinations Decrees Definitions and Ordinances as according to Gods Word and Christs Gospel should at any time hereafter be set forth by the said Arch-Bishop and Bishops and Doctors in Divinity now appointed or hereafter to be appointed by his Royal Majesty or else by the whole Clergy of England either by the one or by the other therefore is the latter not held necessary but the former sufficient with the Confirmation of the Head in and upon the matter of Christs Religion and the Christian Faith c by his Majesties advice and confirmation under the Great Seal shall be by all his Grace's Subjects fully believed obeyed observed and performed to all purposes and intents upon the pains and penalties therein to be comprised Where note that whereas under the Reformation private men are tyed only to obey and believe the Definitions of Councils when they are set forth according to Gods Word i. e when private men think them to be so Yet here this Liberty was thought fit to be restrained and private men tyed to believe these Definitions when set forth as according to Gods word i. e when the setters forth deem them to be so To obey a thing defined according to Gods Word and to obey a thing defined as being according to Gods word are Injunctions very different § 33 Again whereas the Act 24. Hen. 8.12 c. set down before § 25. ordered Appeals in Causes Spiritual to be finally adjudged by the Arch-Bishop of the Province It is Enacted by Parliament 25. Hen. 8.19 c. First That
Edw. 6.2 where the Arch-Bishop is necessitated to consecrate such person as the King from whom all Ecclesiastical Jurisdiction is derived shall present or he refusing the King may appoint any other two Bishops for him to do it in his stead ergo so might Queen Mary according to these Statutes § 69 Thus much That Queen Mary's Clergy were a lawful Clergy which indeed except for a few and those not yet chosen or acting in the beginning of her Reign cannot be called in question and That their reversing the former Constitutions of Henry the Eighth or Edward the Sixth's Clergy as to the Authority that did it was a lawful Synodical Act. But in the next place suppose that the Queen had acted singly without or against her Clergy but with the Approbation of those Governors in the Church Catholick as are the lawful Superiors to this Clergy in re-establishing the former Profession of Religion used in Henry the Eighth's time before the Reformation yet so far as this Profession is evident to have been according to the Constitutions of the Church and of former Synods Superior to the Synods of this Nation which Constitutions do therefore stand still in their just force this Act of hers would still be justifiable because Sovereigns have such a Supremacy acknowledged by all due unto them as to use a Coactive Power in causing the Execution within their Dominions of such Church Canons as are granted to be in force without any inferiour further Licence or consent thereto Nor is this doing any more than if the King of England now re-established in his Throne should without or against the Vote of the present Ministery heâ—e restore the Bishops and the Ecclesiastical Laws again to their former office and vigour which these men never had any just or superior Authority to displace or abrogate CHAP. VI. The former Supremacy re-assumed by Qu. Elizabeth § 70 IN the last place we come to the times of Queen Elizabeth where we find by the Authority of the Queen and her Parliament 3. What Supremacy claimed c in the times of Q. Eliz. all the repeals of the Statutes of Henry the Eighth and Edward the Sixth in order to the Regal Supremacy and Reformation which Repeals were made in Queen Mary's days now again repealed except in Two 26. Hen. 8.1 c. and 35. Hen. 8.3 c. which give to Henry the Eighth the Title of Head of the Church of England which was changed by the Queen into that of Governor as better befitting a Woman As for Bishop Bramha's Observation of Two other Statutes of Henry the Eighth unrestored by Queen Eliz. 28. Hen. 8.10 c. An Act saith he of extinguishing the Authority of the Bishop of Rome out of this Realm and 35. Hen. 8.5 c. An Act made for Corroboration of the former if you please to view them and compare with them 1 Eliz. 1. c. you will find the cause to be not the Queens preserving and retaining here any Authority of the Pope which Henry renounced but the Six Articles in the one and the old Forms of Oaths in the other thought fit by her to be laid aside and all the Power and Priviledges whatsoever of Supremacy in Ecclesiasticals that were conceded to Henry the Eighth or Edward the Sixth That as ample a Supreacy was claimed by Parliament conferred oâ— her as on K. Hen. or Ed. as fully transferred to Queen Elizabeth For which see the Act 1. Eliz. 1. c. see the same 8. Eliz. 1. c. running thus That all Jurisdictions Priviledges Superiorities Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power hath heretofore been exercised for the Visitation of Ecclesiastical State and Persons and for Reformation Orders and Correction of the same and of all manner of Errors Heresies Schisms c shall for ever by Authority of this Parliament be united and annexed to the Imperial Crown of this Realm And that your Highness your Heirs c shall have full Power and Authority by vertue of this Act to name and authorize such persons as your Majesty shall think meet without any being obliged as Henry the Eighth was that half the number should be of the Clergy to exercise and execute under your Highness all manner of Jurisdictions Priviledges and to visit reform and amend all such Errors Heresies Schisms c which by any manner Spiritual or Ecclesiastical Power may lawfully be reformed and that such persons shall have full power by vertue of this Act to execute all the Premises any matter or cause to the contrary in any wise notwithstanding Provided always that no manner of Order Act or Determination for any matter of Religion or cause Ecclesiastical made by the Authority of this present Parliament shall be adjudged i. e by those persons at any time to be any Error Heresy Schism c any Decree Constitution or Law whatsoever the same be to the contrary notwithstanding this Proviso perhaps was put in because all the Bishops that were in the Parliament opposed this Statute See Cambden 1. Eliz. Provided again that such persons authorized to reform c shall not in any wise have Authority to determine or adjudge any matter or cause to be Heresy I suppose by Heresy is meant here any Error contrary to what ought to be believed and practised in Divine matters but only Such as heretofore have been determined to be Heresy by the Authority of the Canonical Scriptures or by the first Four General Councils or by any other General Councils wherein the same is declared Heresy by the express and plain words of the said Canonical Scriptures or Such as hereafter shall be judged and determined to be Heresy by the High Court of Parliament of this Realm with the assent of the Clergy in their Convocation here therefore nothing whether by the Clergy or other could be de novo declared or adjudged Heresy unless the High Court of Parliament also adjudged it to be so § 71 In the same Statute concerning the Extent of the Queen's Supremacy it is expresly ordained That the Branches Sentences and words of the said several Acts i. c. made in Henry the Eighth's time touching Supremacy and every one of them shall be deemed and taken to extend to your Highness as fully and largely as ever the same Acts did extend to the said late King Henry the Eighth your Highnesses Father The same thing also appears in the Queen's Admonition annexed to her Injunctions to prevent any sinister Interpretations of the Oath of Supremacy then imposed which saith That the Queen's Majesty informed that some of her Subjects found some scruple in the Form of this Oath c would that all her loving Subjects should understand that nothing was is or shall be meant or intended by the same Oath to have any other Duty or Allegiance required by that Oath than was acknowledged to be due to King Henry the Eighth her Majesty's Father or King Edward the Sixth her Majesty's Brother It proceeds shewing
to set at liberty all such Religious Persons as desired to be free and all other that were under the Age of 24 Years providing withal that such Monks Canons and Fryars as were dismissed should have given them by the Abbot or Prior instead of their habit a Secular Priests Gown and Forty Shillings of Money and likewise the Nunns to have such Apparel as Secular Women did then commonly use and be suffered to go where they would Cromwel saying Lord Herb. pag. 462. That this Expulsion of the Monks c was no more than a restoring them to their first Institution of being Lay and labouring Persons and that they might keep the austerity of life in their several Orders enjoyned them in any condition At which time also from the said Abbies and Monasteries were taken their chief Jewels and Relicks And see the words of the Statute 31. Hen. 8.13 c where all and singular Religious Persons of what Order Rule or Habit soever are said to be put at their liberties from the danger servitude and condition of their Religion and Profession whereunto they were professed and have free liberty given them to purchase to them and their Heirs in Fee-Simple Fee-Taile c Mannors Lands c. in like manner as tho they or any of them had never been professed nor entred into any such Religion And for the ground of all this viz. The Kings conceived lawful Church Supremacy to act such things see some of the Forms of the Monks Resignations transcribed by Mr. Fuller Chur. Hist 6. l. p. 321. which runs thus Whereas your Highness being Supream Head immediately after Christ of his Church in this your Realm of England and so consequently general and only Reformator of all Religious Persons there have full Authority to correct or dissolve at your Grace's Pleasure and Liberty all Convents and Religious Companies abusing the Rules of their Profession c therefore c. § 89 Now the whole carriage and pretence of the dissolution of these Religious Places The Pretences thereof if you desire to know the Particulars was this The King tho having left to him a very great Treasure by his Father Henry the Seventh yet by his high Expences and frequent-Engagements in Forreign Wars and the Interests of Neighbor Princes became very necessitous and for the continuance of the like Expences stood in need of an extraordinary recruit Whereupon as some think he was first invited to this Act by those 40 smaller Monasteries which he saw Wolsey who likewise had much used in this Affair his diligent Servant Cromwel had obtained by grant from the Pope Clement the Seventh to translate this Means of some of those Houses of Devotion which in this Nation abounded to the maintenance of two Colledges built by him for the advancement of Learning of which Houses there was more scarcity And he is said to have been excited also thereto by Cromwel who was now after Wolsey's fall the Kings Servant one already experienced in this matter and who could best inform concerning the Treasure attainable thereby especially when the King being now invested with the Supremacy could confer on himself the same Dispensation for taking more which the Pope had done on Wolsey for a few The King knew also that he had the Laity and the Parliament ready to second him who were willing by any means to remove the burthen of furnishing the Kings necessities from themselves and to give up the Church's Patrimony to save their own and besides who in those days looked with no good Eye on the Authority of the Clergy against whom the Commons had formerly put up a Supplication to the King and the Wealth of the Monasticks Iord Herb. p. 329. Fox p. 960. and who also might expect no small share in this Booty And some reason he had also to hope for the connivance of the Clergy from the ancient difference that is between Regulars and Seculars and from these Religious Houses being exempted from the Jurisdiction and Visitation of Bishops and from the access of Benefit which they might hope from the others mine to some places of cure that were meanly provided for Add to this that the number of them in this Nation was conceived to be excessive in proportion to a well composed State so the multiplying of them accidentally being their destruction and Lastly that these Religious Houses were looked on as the chief Supporters of the Papal Supremacy and Opposers of the Regal Authority in matters Ecclesiastical and in Innovations in Religion their Vow of Obedience to their Superiors leaving them less flexible to change and their Vow of Poverty and Single Life less obnoxious to those fears in declaring of their minds which others are subject to in respect of their Estates and Posterity or their expectation of Preferments § 90 Swayed by these Motives yet the King invaded not all the Religious Houses in the Land at once but first began to take Possession of the smaller Ones such as were under 200 l. annual Revenue and this upon these Three Pretences see Statute 27. Hen. 8.28 c. 1. That the Persons living therein were very vicious whereas saith that Statute made for the alienation of these before the Attachment of the rest thought on in the great Solemn Monasteries of the Realm Thanks be to God Religion is right well kept and observed 2. That these small Societies were not so capable of Reformation as the greater 3. That the greater were not sufficiently replenished Whereupon saith that Statute the Lords and Commons by a great deliberation finally be resolved That it is and shall be much more to the Pleasure of Almighty God and for the Honor of this Realm that the Possessions of those small Religious Houses not being spent spoiled and wasted for the increase of maintenance of Sin mould be used and converted to better uses and the unthrifty Religious Persons so spending the same should be compelled to reform their lives § 91 But afterward the Revenue of these by the King sold spent or disposed-of the sweetness of such a considerable wealth already tasted the Kings great Expences very craving and his Courtiers and Favourites not yet satisfied from smaller beginnings he ascends higher and the great Monasteries also begin now to be looked after And now within three or four years they of the great Monasteries are so overgrown with vice that were so right before that complaints are made of them and Visitors Cromwel being made Visitor-General are sent both to discover their crimes and to restrain by certain Injunctions from the King their former liberty Amongst whom many hainous faults especially as for Incontinency are found out whilst the more notorious Offenders somewhat to excuse themselves impeached others and the Religious mutually recriminated one another Upon these Delinquencies now discovered in the great Houses as before in the lesser together with many impostures and falsifications of Miracles to procure greater resort and gain to such Houses Next the
last Speech in Parliament 1545 Lord Herb. p. 536. I am very sorry to know and hear how irreverently that most precious Jewel the Word of God is disputed and jangled in every Ale-house and Tavern contrary to the true meaning and doctrine of the same I am sure that vertuous and godly living was never less used nor God never less reverenced or honoured Thus King Henry And this to shew you how and when this vulgar Theology first began and how much then so early it was relented by the Magistrate § 108 By vertue of such a Supremacy these things that King did some of them against the Canons not of Popes but of the Church Catholick and of Superior Councils and as some of them with for he used the consent of his Convocation more than his Successor so others of them without the consent of his Clergy whom saith Lord Herb. p. 439. he every day more and more devested of their former Authority And for the beginnings of his Reformation Arch-Bishop Parker in his Antiquit. Brittan p. 325. saith that Cromwellus cum Cranmero Archiepiscopo tanquam in puppi sedit clavumque Ecclesiae Anglicanae tenuit Nam Praelatorum fides eo magis dubia incerta Regi visa est quod long â morâ difficultate tanquam taedio abducti sint a Papa sibique Supremi Capitis titulum detulissent But whether these things done with or without his Clergy yet the stile of his Injunctions sufficiently sheweth in what person the legislative power in Spiritual matters was then conceived to reside these Injunctions running authoritatively and for the submission of all mens judgments to them either in his own name single as the Church's Supreme Head or in the name of his Vicegerent in Ecclesiastical Affairs Cromwel who therefore is ordered 31. Hen. 8.10 c. in regard of this Office and all those who should succeed him therein to sit in the Parliament-house above the Arch-Bishop of Canterbury or in the name of the King and Parliament The usual Phrase of the King and Parliament in such Decrees you have seen in former instances where they do not ground these Decrees any further on the Authority of the Clergy save only on their recognizing of the Kings Supremacy upon which Supremacy all the rest are Super-structions § 103 Now hear the Stile of his Vicegerent Cromwel upon whom a Secular Person too and unlearned that the King should derive his whole Ecclesiastical Jurisdiction and Authority you may read in Lord Herb. Hist p. 402 what a wonderment it caused amongst many as a thing in no other time or person to be parallelled neither in the much pleaded Patterns of the Kings of Israel nor in the former practice of Popes This Vicegerent thus prefaceth to the Injunctions that were published 1536. I Tho. Cromwel c Vicegerent to our Sovereign Lord the King for and concerning all his Jurisdiction Ecclesiastical within this Realm to the Glory of Almighty God to the Kings Highness's Honor the publick Weale of this Realm and increase of Vertue in the same have appointed and assigned these Injunctions ensuing to be kept and observed of the Dean Parsons Vicars c under the pains hereafter limited and appointed And the like Expressions much what are observed in the Injunctions set forth in 1538 〈◊〉 p. 1000 By the Authority and Commission of the most excellent Prince Henry in Earth Supreme Head under Christ of the Church of England I Tho. Cromwel Vicegerent c do for the discharge of the King's Majesty give and exhibit these Injunctions following to be kept and fulfilled c. First that ye shall truly observe all and singular the Kings Highness's Injunctions given unto you heretofore in my name by his Grace's Authority c. This is enough to shew where the legislative Power for Spiritual matters rested in Henry the Eighth's days After which Injunctions this is Mr. Fox's Epiphonema By these Articles and Injunctions saith he thus coming forth one after another for the necessary Instruction of the People but surely Mr. Fox had here forgot the Contents of the Kings first Articles which I mentioned before § 80. much contrary to the Reformed Doctrines conformable to the Romish it may appear how well the King deserved then the Title of his Supreme Government given unto him over the Church of England but to moderate Mr. Fox his Acclamations here let me put him in mind at another time in his esteem how ill he deserved it remembring his words set down before § 84. By the which Title and Authority he did more good for the redressing and advancing of Christ's Church and Religion here in England in those three years than the Pope the great Vicar of Christ with all his Bishops and Prelates had done in the space of three hundred years before CHAP. VIII The Actings of Edward the Sixth in Ecclesiastical Affairs THE Breach upon the Church's former Authority Doctrines § 104 and Practices being thus made by Henry the Eighth 2. The Actings of K. Edward in Ecclesiastical Affairs No marvel if by his Successors it was much enlarged Next then to look into the actions of Edward the Sixth with relation to Church affairs This Prince being not yet ten years old when he came to the Crown was chiefly directed and steered by Arch-Bishop Cranmer and by his Uncle the Duke of Somerset who was made Protector of his Person and Realm not by the will of Henry the Eighth who dreaded to trust any one person with this Charge but by the major part of those sixteen persons to whom in common he committed the government of his Son and Kingdome Of which Duke Mr. Fox saith p. 1180 and 1248 That he bare great favour to Gods word and that he brought with him to the State of that his Dignity his ancient love and zeal Of the Gospel and of Religion he means reformed The proof whereof saith he p. 1183.1184 was sufficiently seen in his constant standing to Gods truth and zealous defence thereof against the Bishops of Chichester Norwich Lincolne London and others moe in the consultation about composing a new form of administring the Sacrament had at Windsor in the first year of the King's Reign So inclined was the Protector and so inclined were many of the Council § 105. n. 1 and some of those who were otherwise yet openly complyed with the prevailing party for secular ends and amongst these even Dudley the great Duke of Northumberland the chief Agent in the later times of Edward who confessed so much at his death he then exhorting the people See Stow An. 1553. Fox p. 1280. and Goodwin p. 278. That they should embrace the Religion of their Forefathers rejecting that of later date which had occasioned all the miseries of the forepast thirty years i. e. from the beginning of Henry the Eighth's Supremacy and that for prevention for the future they should expel those Trumpets of Sedition the Preachers of the reformed Religion and declaring
as particularly that 1. Edw. 6.2 mentioned before § 40 Yet so it was that all the chief Acts that King Edward's Parliaments or Clergy had made concerning the Reformation were now revived Sec 1. Eliz. â— c. 2. and all that Queen Mary's or Henry the Eighth's save in the matter of Supremacy Parliaments or Clergy had done against it was repealed But this §. 179. n. 3. Bâ—t nâ—t by the Clergy tho done in spiritual matters was done by the sole authority of the Queen and her Parliament without obtaining any Synod to reverse the contrary decrees of the former Synods under those two Princes nay further whilst all the Bishops that fate then in Parliament openly opposed these Innovations Cambden Hist Eliz. p 9. By her own sole authority the Queen likewise published certain Injunctions to the Clergy And now the Regal Supremacy being thus restored only by the Civil power an Oath of Supremacy was also drawn up and imposed on all Ecclesiastical persons upon penalty of the Refuser's losing all their Ecclesiastical promotion benefice and office 1. Eliz. 1. c. And so this Oath being unanimously refused by all the Bishops that then sate save only the Bishop of Landaff I say all that then sate For by reason of a contagious sickness that then reigned within less than the space of a twelve-month saith Dr. Heylin Hist of Reform Qu. Mary p. 81. almost one half of the English Bishops had made void their Sees three Bishopricks having been void from 1557 three Bishops dying some few weeks before the Queen three not long after one on the same day which with the death of so many of the Priests also in several places did much facilitate the way saith he to that Reformation that soon after followed they were all ejected out of their Bishopricks and with them of the chief of the Clergy fifteen Presidents of Colledges twelve Deans twelve Arch-Deacons six Abbots Camb. p. 17. fifty Prebendaries lost their Spiritual Preferments Meanwhile many others saith Dr. Heylin Hist of Qu. Eliz. p. 115. who were cordially affected to the interest of the Church of Rome dispensing with themselves in outward conformities upon a hope of such revolutions in Church-affairs as had hapned formerly § 180 Here that we may examine the lawfulness of the ejection of these Prelates for refusing such Oath The ejecting of the Bishops for refusing the Oath of her Supremacy The unlawfulness there of upon which depends the lawfulness or unlawfulness of the Acts of the Clergy succeeding them I will first set you down the form of the Oath which was this I do testify and declare in my conscience that the Queen's Highness is the only Supreme Governor of this Realm as well in all Spiritual or Ecclesiastical things or causes as Temporal and that no Forreign Prince Person Prelate State ought to have any Jurisdiction Power Superiority Preheminence Ecclesiastical or Spiritual within this Realm and therefore I do utterly renounce all forreign Jurisdictions Powers Superiorities and do promise that from henceforth I shall assist and defend to my power all Jurisdictions Priviledges and Authorities granted or belonging to the Queens Highness or united and annexed to the Imperial Crown of this Realm § 181 This Oath you see consists of two parts a Supremacy attributed and professed to the Prince Concerning Regal Supremacy How far it seemeth to extend and a Supremacy denyed and renounced to any Forreign power And that I may speak more distinctly in this matter 1. As to the first of these thus much is freely conceded That the Civil Magistrate hath a Supremacy in Spiritual and Ecclesiastical Affairs and that such as none other hath namely this An external coactive power or jurisdiction committed to him by God to enjoyn to his Subjects the observance of the Laws of the Church and of the Laws of God as they are declared to him to be such by the Church and to restrain and punish the transgressors of them whether Clergy or Laity within his Dominions with the Civil Sword which God hath put only into his hands So that no Canons of the Church can be by the Ecclesiasticks or others executed or enforced on the Subject as Laws viz. with external Coaction pecuniary or corporal mulcts or punishments c. before the Secular Prince is pleased to admit such Canons and enroll them amongst his Laws or to concede such coactive power to his Clergy How far also the Kings Supremacy may extend over all Ecclesiastical persons concerning the Investiture and presentation of them so long as their canonical sufficiency is not denyed by the Clergy to such Temporal Church-Possessions as either Princes or others by their permission have conferred on the Church about which hath been in ancient times great Controversy between several Kings of England and the Pope I meddle not to determine Let this for the present be granted as much as any Prince hath claimed It is likewise conceded that in those words of the Oath only Supreme Governor in Spiritual things there is not any thing that expresly extends the Regal Supremacy any further which may be the only supreme power m Ecclesiasticals in one respect and not in another Nor no more is there in the thirty seventh Article of the Church of England which expounds the Kings Supremacy thus That he is to rule all estates and degrees committed to his charge by God whether they be Ecclesiastical or Temporal and to restrain with the Civil Sword the stubborn and evil-doers All which he may do and yet be tyed in all things to obey the Church her Laws and to leave to her the sole judgment who are these evil-doers as to the breaking of Gods Laws or who stubborn and heretical persons And such Regal Supremacy will well consist with another either with a domestick Supremacy of his own Clergy in judging Controversies and promulgating Laws in meerly Spirituals or also with a forreign Supremacy and Jurisdiction of a Patriarch over all the Bishops of his Patriarchy in what Prince's Dominions soever or of a General Council over all Provincial or National Churches If therefore only such a Regal Supremacy as this were intended in the Oath it cannot be justly refused viz. If the Oath should run thus I do testify that the King is the Supreme c. as well in all Spiritual or Ecclesiastical Causes as Temporal that is as this Supremacy is expounded in Article thirty seventh to rule with the Civil Sword all estates and degrees committed to his charge by God whether they be Ecclesiastical or Temporal and to restrain with the Civil Sword the stubborn and evil-doers And if this word such be inserted in the words following And I do testify that no forreign Prince Prelate c. ought to have any such jurisdiction c. And Ergo I do utterly renounce all such forreign Jurisdiction c. You will say what is gained to the King by an Oath so limited This that no Forreign or Domestick
Head the Pope Again of the Supremacy of a General Council over particular Churches and so over this of England thus Bishop Bramhal Reply to Chalced. p. 293. upon the words in the Oath and that no Forreign Prelate hath c. A General Council which is no standing Court but an aggregate body composed partly of our selves i. e. of the Prelates of the Church of England is neither included here nor intended General Councils then it seems of which the English Prelates are a part have a Jurisdiction over a particular Church not subordinate to the Secular Governors thereof And if a General Council be once thus admitted I see not how the Head thereof will be totally excluded nor yet inferior Synods Thirdly There is a Supremacy in Spiritual matters Decisions and Decrees I mean as to an independance on the Secular Power for the exercising their office and enacting or divulging of such Decrees belonging to the Metropolitans and their Provincial Synods in all National or Provincial Churches if the First and Second Thesis above stand good § 186 To require therefore upon Oath an utter renouncing of any such Forreign That the renouncing such Supremacy was required of those Bishops or also Domestick Clergy-Supremacy is not lawful But such was required of these Bishops as appears 1. by the express words of the Oath and 2. by the giving of all such Jurisdiction Spiritual and Ecclesiastical as by Any Spiritual or Ecclesiastical power i. e. Forreign or Domestick had thitherto been lawfully used over the Ecclesiastical State of this Realm to the Queen at the same time that this Oath was made See before § 70. And 3. by the practice of these times suitable Neither here are those Pleas good that one may take away a just authority from him who hath exercised an unjust for will Secular Princes admit this Rule concerning themselves Or that any small part of the Church Catholick if declining to joyn with the whole is not obliged to the Constitutions of the whole Or not later ages to the Constitutions of the former Or that no particular Church is tyed to the Constitutions of Superior Councils past or present in matter of Church Government or Discipline but only in matters of Faith Or See Church Gâ—v par 1. sect 38.40.59 2. Par. §. 63. 3. Par. §. 27. n. 2. that the Church of England hath not given her consent to such former Constitutions concerning such Church-Government as well as other Churches All which have been discussed in their places Now if these Bishops were thus unjustly ejected for refusing to take an unlawful Oath it follows Sac. Clerg §. that the Bishops succeeding them were unjustly introduced and consequently their Synodal Acts illegal and void § 187 To prevent which inference I find this pleaded by Dr. Fern Examin Champ. 2. c. p. 84. That so many of Queen Mary's Bishops could not be ejected on any other grouÌ„d so as to reader the Protestant Bishops a major part That had none of these Bishops been removed yet the Queens Reforming-Bishops in Synod would have made a major part For saith he α there were six Bishops remaining of King Edward 's and besides there were many Bishopricks actually void at Queen Mary's death which Bishopricks being supplyed by Queen Elizabeth there was no fear that the Popish Bishops who were very suddenly reduced to Nine by death or by quitting the Land should make the major part had the business of Reformation been put at first to a Synodical Vote Thus He. To which it is added by others β That no new Bishops had been elected into the vacant Bishopricks yet if so many only of these Queen Mary's Bishops should have been displaced as came into the Bishopricks of King Edward's former Protestant Bishops unjustly cast out the six remaining Bishops of King Edward with Landaff joyned to them would have out-numbred the remainder of Queen Mary's Bishops § 188 Reply to α But to these 't is easily replyed To α That 1. First it hath been shewed already That some of these six Bishops could not lawfully now act because justly removed from their Bishopricks in Queen Mary's days of the Suffragan Bishops See before §. 54. c. more by and by Secondly That Queen Elizabeth could not justly and legally supply the then vacant Bishopricks with any persons but such as the major part of her present Clergy which surely were Catholicks and would have admitted no other did first approve of consecrate and confirm Of which see what is said before in the Third Thesis and in the Church-Canons there-cited To which I will add the testimony of Mr. Thorndike Right of the Church 5. c. p. 248. c. The fourth Canon saith he of the Council of Nice requireth that all Bishops be ordained by a Council of the Bishops of the Province sifieri potest Which Council because it cannot always be had therefore it is provided there that two or three may do the work the rest consenting and authorizing the proceeding And this is that which the ordinance of the Apostles hath provided to keep the visible Communion of the whole Church in unity But when among the Bishops of any Province part consent to Ordination part not the unity of the Church cannot be preserved unless the consent of the whole follow the consent of the greater part And therefore it seemeth that there can no valid ordination be made where the greater number of the Bishops of the Province dissent Which is confirmed by the Ordination of Novatianus for Bishop of Rome Which tho done by three Bishops yet was the Foundation of that great Schisme because Cornelius was ordained on the other side by Sixteen Thus Mr. Thorndike § 189 To β. To β. 1. First that those may be lawful Bishops who come into the places of other Bishops whilst living if the other be justly ejected as King Edward's Bishops were Secondly That of the fifteen Catholick Bishops there were only four that came into the place of any Protestant Bishop living when he was first elected thereto namely Heath Bourne Christophorson See before §. 54. and Turbervile into the place of Holgate Barlow Scory and Coverdale For all of the rest Bonner Pate White Goldwell Watson Poole Scot Bayne Oglethorp Thirlby Tonstal succeeded either Catholick Bishops or Protestant Bishops deceased And those four Protestant Bishops were all married persons and so excluded by the Canon and three of them Holgate Barlow Coverdale married Monks But of the fifteen Catholick Bishops there were only two that came into the place of any Protestant Bishop when living which Protestant Bishop had not first entred into the place of a Catholick Bishop when living For Coverdale and Scory Protestants came into the Catholicks Day 's and Voicy's Bishopricks in King Edward's time whilst they living The truth of these things you may see in Godwins Catalogue of Bishops CHAP. XII The Canonical Defects of King Edward's and Queen Elizabeth's new Bishops §
therefore that would gain a Proselyte who acts upon prudent and Conscientious principles in vain entertains him with Schemes of Church-Government since the things contested are such as no Government in the world can make lawful It would be more rational to shew were not that an attempt long since despair'd of that the particular doctrines and practises to which we are invited are agreeable to the word of God or that it doth not concern us whether they be or not For if either it may be prov'd that the Errours of the Church of Rome were so great that there was a necessity of reforming them that every National Church has a right to reform her self that this right of the Church of England in particular was unquestionable that she us'd no other then this her lawful right and that accordingly the Reformation was effected by the Major part of the then legal Church-Governours Or if in failure of this which yet we say is far from being our case it may be prov'd that where evident Necessity requires and the prevailing Errours are manifest there the Civil power may lawfully reform Religion without the concurrence of the major part of the Clergy for Secular Interests averse from Reformation Or if lastly supposing no such Reformation made by lawful authority but the Laws which enjoyn such erroneous Doctrines remaining in their full force and vigour every private Christian can plead an Exemption from his Obedience to them by proving them evidently contradictory to the known laws of God if any one of these Pleas are valid all which have by our Writers been prov'd to be so beyond the possibility of a fair Reply then Nothing which is aim'd at in these Papers can affect us and tho' the author would have shew'd more skin in proving his Question yet he had still betray'd his want of prudence in the choice of it By what hath been sayd the Reader will be induc'd to think that these Papers do not so much concern the Church of England as the State and that a Reply to them is not so properly the task of a Divine as of a Lawyer The Civil power is indeed manifestly struck at and an Answer might easily be fetcht from Keble and Coke He may perswade himself that he acts craftily but certainly he acts very inconsistently who erects a Triumphal Statue to his Prince and at the same time undermines his Autority in monumental Inscriptions gives him the glorious and astonishing Title of Optimus Maximus and yet sets up a superiour Power to his If neither Loyalty nor gratitude could perswade him to speak more reverently yet out of wariness he ought to have been more cautious in laying down such things as seem to have an ill aspect on his Majesties proceedings For it may seem very rash to deny §. 5. p. 12. that the Prince can remove from the Exercise of his Office any of his Clergy for not obeying his Decisions in matters of a Spiritual Nature when a Reverend Prelate suffers under such a Sentence §. 7. p. 14. to assert that the Prince ought not to collate to Benefices where the Clergy have Canonical exceptions against the Person nominated whilst a Friend of his thus qualified enjoys the benefit of such a Collation to find fault with the Reformers that they gave their Prince leave to dispense with Laws and Constitutions Ecclesiastical §. 28. p. 36. when he himself is in that case most graciously dispens'd with How far the Regal power extends it self in these cases especially as it may be limited by the municipal laws of the Realm I am not so bold as to determine but where such Rights are claim'd by the Sovereign and actually exercis'd there it becomes not the modesty of a private Subject to be so open and liberal in condemning them But then above all he renders his Loyalty justly questionable when he tells us it is disputed by the Roman Doctors and leaves it a Question Whether in case that a Prince use his coactive Jurisdiction in Spiritual matters against the Definitions of the Church §. 16. p. 20. then the Pope hath not also virtually some Temporal coactive power against the Prince namely to dissolve the Princes coactive Power or to authorise others to use a coactive power against such a Prince in order to the good of the Church Now I appeal to the judicious Reader whether the substance of that infamous Libel which was part of a late * See Sidney's Trial. Traytour's Indictment and which was written by way of Polemical Discourse as he pleaded might not if manag'd by this Author's pen have been thus warily exprest Whether in case that a Prince use his coactive Jurisdiction in Civil matters against Acts of Parliament then the Parliament hath not also virtually some temporal coactive power against the Prince namely to dissolve the Princes coactive power or to authorize others to use a coactive power against such a Prince in order to the good of the State Such bold Problems as these ought not to be left undecided and one who had any zeal for his Prince would scarce let the Affirmative side of the Quaestion pass without affixing a brand on it These Expressions among others He might well be conscious would be offensive to any SIR of known Fidelity and Loyalty to his Prince and therefore such person 's good Opinion was to be courted in an Epistle Apologetick But certainly it was expected that the kind Sir should read no farther then the Epistle for if he did he would find himself miserably impos'd upon The Author in this Epistle praeacquaints him with these things 1. That there is nothing touch'd in this Discourse concerning the Temporal Prince his Supreme power in such matters as it is dubious whether they be Spiritual or Temporal but only in things which are purely Spiritual and Ecclesiastical 2. That he knows not of any Ecclesiastical powers in this Discourse denied to the Prince but which or at least the chiefest of which all other Christian Princes except those of the Reformed states do forego to Exercise 3. Nor of any but which the Kings of England have also foregone before Henry the Eighth Now I shall humbly beg leave to undeceive the unknown Sir and to represent to him that in all these he is misinform'd As to the first 1. That there is nothing touch'd in this Discourse concerning the Temporal Prince his Supreme power in such Matters as it is dubious whether they be Spiritual or Temporal but only such as are purely Spiritual and Ecclesiastical Now if by dubious he means such things as He does not doubt but they are Spiritual then this doth not reach our case because We may doubt whether some things are not Temporal which He doubts not but they are Spiritual But if by dubious He means such things as are doubted by no body but that they are purely Spiritual then are we agreed since neither do We allow the Temporal Prince any
Communion extend their Supremacy as far as the Reformed And here it may not be improper to instance in that right which the Kings of Spain enjoy in Sicily which seems to extend even to those Spiritual powers which our Author calls the chiefest And this I find usher'd in by a Roman-Catholick Writer with an assertion quite * Hist of Eccl. Rev by a Learned Priest in France p. 116. opposite to that which is laid down in this Epistle It even surpasses saith he that which Henry the Eighth of England boldly took when he separated from the Church of Rome The King of Spain as King of Sicily pretends to be Legate à latere and born Legate of the H. See so that he and his Viceroys in his absence have the same power over the Sicilians as to the Spiritual that a Legate à latere could have And therefore they who execute that Jurisdiction of Sicily for the King of Spain have power to absolve punish and excommunicate all sorts of persons whether Laicks or Ecclesiasticks Monks Priests Abbots Bishops and even Cardinals themselves that reside in the Kingdom They acknowledge not the Popes Autority being Sovereign Monarchs as to the Spiritual They confess that the Pope hath heretofore given them that priviledge So that his Holiness it seemes thought even those chiefest Powers of the Church alienable but at the same time they pretend that it is not in his power to recall it and so they acknowledge not the Pope for head to whose Tribunal no Appeal can be made because their King has no Superiour as to the Spiritual Moreover this right of superiority is not consider'd as delegate but proper and the King of Sicily or they who hold Jurisdiction in his place and who are Lay-men take the title of Beatissimo Santissimo Padre attributing to themselves in effect in respect of Sicily what the Pope takes to himself in regard of the whole Church and they preside in Provincial Councils As for the title of Head of the Church which taken by the Reformers so much offends our Discourser this Critical Historian farther observes It was matter of great astonishment that in our age Queen Elizabeth took the title of Head of the Church of England But seeing in the Kingdom of Sicily the Female succeeds as well as in England a Princess may take the title of Head of the Church of Sicily and of Beatissimo Santissimo Padre Nay it hath happen'd so already in the time of Jean of Arragon Castile the mother of Charles the 5th So that this Critick concludes that it may be said there are two Popes and two sacred Colledges in the Church to wit the Pope of Rome and the Pope of Sicily to whom also may be added the Pope of England What Jurisdiction Spiritual the King of France challenges will best be learnt from the Liberties of the Gallican Church publish'd by the learned Pitthaeus and to be found in his Works Two of them which seem to come home to our purpose are these * Le Rois tres Chrestiens ont de tout temps selon les occurrences necessitez de leur pays assemblè ou fait assembler Synodes ou Conciles Provinciaux Nationaux esquels entre autres choses importantes à conservation de leur estat se sont aussi traitez les affaires concernans l'ordre discipline Ecclesiastique de leurs pays dont ils ont faict faire Reigles Chapitres Loix Ordonnances Pragmatiques Sanctions sous leur Nom autoritè s' en lisent encor aujourd huy phisieurs ès recueils des Decrets receus par l'Eglise Universelle aucunes approuvees par Conciciles generaux The most Christian King hath had power at all times according to the occurrences and necessity's of his own affairs to assemble or cause to be assembled Synods or Councils Provincial and National and therein to treat not only of such things as tend to the preservation of his State but also of affairs which concern the Order and Discipline of the Church in his own Dominions and therein to make Rules Chapters Laws Ordinances and Pragmatick sanctions in his own Name and by his own Autority Many of which have been received among the Decrees of the Catholique Church and some of them approv'd by General Councils * Le Pape n'envoy point en France Legates à latere avec faculte ' de reformer juger conferer dispenser telles autres qui ont accoustumè d'estre specifiees par les Bulles de leur pouvoir si non a la ' postulation du Roy tres-Christien ou de son consentement le Legat n' use de ses facultez qu' apres avoir baillè promesse au Roy par escrit sous son sein jurè par ses Sainctes Ordres de n' user desdites facultez e's Royaume pays terres Seigneuries de sa sujettion si non tant si longuement qu'il plaira au Roy que si tost que le dit Legat sera adverty de sa volonte ' au contraire il s' en desistera cessera Aussi qu' il n' usera des dites facultez si non pour le regard de celles dont il aura le consentement du Roy conformement à iceluy sans entreprendre ny faire chose au Saincts decrets Conciles generaux Franchises Libertez Privileges de L'Eglise Gallicane des Universitez estatez publiques de ce Royaume Et à cette fin se presentent les facultez de tels Legats a la Cour de Parlement ou elles sont veus examinees verifiees publiees registrees sous telles modifications que la Cour voit estre à fair pour le bien du Royaume suivant lesqnelles modifications se jugent tous les process differents qui surviennent pour raison de ce non autrement The Pope cannot send a Legat à latere into France with power to reform judge collate or dispence or do such other things which use to be specified in the Bull of his Legation except it be upon the desire or with the approbation of the most Christian King Neither can the said Legate execute his Office untill he hath promised the King in writing under his seal and sworn by his holy Orders that he will not use the said Legantine power in his Kingdom Countreys Lands and Dominions any longer then it shall please the King and that so soon as he is admonish'd of the Kings pleasure to the contrary he will cease and forbear and that whilst he doth use it it shall be no otherwise exercis'd then according to the consent of and in conformity to the King without attemping any thing to the prejudice of the Decrees of General Councils the Franchises Liberties and Priviledges of the Gallican Church and the Universities and publique Estates of the Realm And to this end they shall present the Letters of their Legation to