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

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of the Bodleian Library and of which Library he was the Head-keeper And in that Office very Diligent and Careful and was a Person of great Learning and Probity The Knowledge of this Rescript of that Vniversity and likewise of the other of Cambridge is necessary to all who will be Masters of the Knowledge of the History of those times For the Author of a Book in Quarto Printed in Oxford in the year 1645. called the Parliaments power in Laws for Religion having there in p. 4. said that the third and Final Act for the Popes Ejection was an Act of Parliament 28. H. 8th c. 10. entituled an Act extinguishing the Authority of the Bishop of Rome Saith it was usher'd in by the Determination first and after by the practice of all the Clergy for in the Year 1534. which was two years before the passing of this Act the King had sent this Proposition to be agitated in both Vniversities and in the greatest and most famous Monastery's of the Kingdom That is to say An aliquid authoritatis in hoc Regno Angliae Pontifici Romano de Jure competat plusquam alii cuicunque Episcopo extero By whom it was Determined Negatively that the Bishop of Rome had no more power of Right in the Kingdom of England than any other Foraign Bishop which being Testified and return'd under their Hands and Seals respectively the Originals whereof are still remaining in the Library of Sir Robert Cotton was a good preamble to the Bishops and the rest of the Clergy Assembled in their Convocation to conclude the like And so accordingly they did and made an Instrument thereof Subscribed by the Hands of all the Bishops and others of the Clergy and who afterward confirm'd the same by their Corporal Oaths The Copies of which Oaths and Instruments you shall find in Foxes Acts and Monuments vol. 2. fol. 1203. and 1211. of the Edition of John Day An. 1570. And this was semblably the ground of a following Statute 35. H. 8. c. 1. Wherein another Oath was devised and ratified to be imposed upon the Subject for the more clear asserting of the Kings Supremacy and the utter exclusion of the Popes for ever Which Statutes though they were all Repeal'd by one Act of Parliament 1st and 2d of Phillip and Mary C. 8. Yet they were brought in force again 1 Eliz c. 1. My Lord Herbert in his History of Henry the 8 th under the year 1534. and the 26 th year of his Reign p. 408. telling us that it was Enacted that the King by his Heirs and Successors Kings of England should be Accepted and Reputed the Supream Head on Earth of the Church of Eng. called Ecclesia Anglicana c. saith that that Act though much for the manutention of the Regal Authority seem'd not yet to be suddenly approved by our King nor before he had consulted with his Counsel c. and with his Bishops who having discussed the point in their Convocations declared that the Pope had no Iurisdiction warranted to him by Gods Word in this Kingdom which also was seconded by the Vniversities and by the Subscriptions of the several Colledges and Religious Houses c. Most certainly Hen. the 8 th's gaining this point that the Bp. of Rome hath no more power here by Gods Word than any other Foraign Bishop was of great and necessary use in order to the effectual withstanding the Papal Usurpations and was re verâ the gaining of a Pass and for which end he made use of intellectual Detachments from his Vniversities And suitably to the Wisdom of our Ancestors here in Henry 8 ths time any Popish Prince abroad who intends effectually to Combat the Papal Usurpations must first gain that Pass For the effect of the common sayings in Natural Philosophy that Natura non conjungit extrema nisi per media and that Natura non facit Saltum must likewise obtain in Politicks when the Nature of things is operating there toward a Reformation of Church or State And this weighty Rescript of the Vniversity of Oxford not being Printed in Dr. Burnets excellent Historical Books of the Reformation nor yet in Fox his Martyrology and now Published here as set down in English by Dr. Iames may perhaps serve usefully to illuminate the World abroad about the way of its Transitus from Popery But here I shall observe that though I find in Mr. Fox his Acts and Monuments Printed in 3 Volumes in London for the Company of Stationers An. 1641. the Iudgment of the Vniversity of Cambridge is there set down in p. 338. and relates to the same year with the Oxford Rescript namely the year 1534. yet it doth not there appear to be a Rescript to King Henry 8 th by way of return to a Letter from his Majesty and it begins thus Vniversis sanctae Matris Ecclesiae filijs ad quos praesentes literae perventurae sunt Caetus omnis Regentium non Regentium Academiae Cantabrigiensis salutem in omnium Salvatore Iesu Christo. Cum de Romani Pontificis potestate c. And then follows the Translation of the whole in English and which makes about half of that page 338 and wherein the same Judgment for substance is given with that of the Oxford Rescripts That the Bishop of Rome hath no more State Authority and Iurisdiction given him of God in the Scriptures over this Realm of England than any other extern Bishop hath That Instrument hath not there the Date of any Month to it as the Oxford Rescript hath But in the Body of the Instrument 't is mentioned that the Iudgment of that Vniversity was therein required though not by whom and towards the Conclusion of it 't is Styled an Answer in the Name of that Vniversity and 't is probable that the Iudgment of that Vniversity might have been required by some of the Ministers of King Henry 8 th and by his Order whereas the Oxford Rescript mentioned his Majesties having himself required the Iudgment of that Vniversity in that point What I have here mentioned of the Iudgment of our two Vniversities gives me occasion to take notice of an Oversight of my Lord Herbert in this place of his History by me Cited For he in this p. 408. makes the Vniversities Determining that the Pope had no Iurisdiction warranted to him by Gods Word in this Kingdom whereas he should have Represented their Sense of his not having more here than any other Foraign Bishop And thus you truly express the Sense of their Judgment in this Case when you say p. 70 th of your Book that the Popes Cards were by the Clergy that plaid his Game thrown up as to all claim of more power here by the Word of God than every other Foraign Bishop had And both our Vniversities sent their Iudgments about the same thing to the K. which methinks might make our Papists approach a little nearer to us without any fear of Infection For we allow the Bishop of Rome
to have as much power by the Word of God here as any other Foraign Bishop and 't is pity but that the Iudgment of our Vniversities were shewn the World in Print and sent to the French King and particularly the Iudgment or Rescript of the Vniversity of Oxford as not being any where in Print as I know of But in an Old Book of Dr. James's against Popery But as to your thought of having that Rescript of the Vniversity of Oxford sent to the French King I for my part am disinclined to it The printing of it here may probably bring it to the notice of his Ministers and so perhaps to his I have heard how the French Embassador not long ago applyed to a Learned Friend of ours of the long Robe and of the Church of England and one who is a great Antiquary and desired him to furnish him with Copies of Records not printed in Dr. Burnets Works that related to Henry 8 th's withstanding the Papal Usurpation and no doubt but the Copy of this Oxford Rescript would have been as welcom to him and as necessary to Compleat his Collection as any could have been and the publication of it may perhaps be of use in some places of the Roman Catholick World abroad But I fear that the present French King will never without some strange unexpected provocation received from the Papacy advance so far towards the confines of Reformation as Henry 8 th did I know it was but Congruous to Worldly Politicks however contrary to Justice for French Kings formerly to use very high Severities to their Protestant Subjects in the Conjunctures of their quarrelling with the Pope and this you well observe in p. 329. out of the Book called the Policy of the Clergy of France Namely that the French Kings never made any Assaults on the Papal Power but what cost their Protestant Subjects very dear And of the like Nature were the Political Measures of Henry the 8 th here who at the same time burn'd his Protestant Subjects for what he called Heresy that he hang'd some of his Popish ones for what he called Treason in abetting the Papal Supremacy I know we should not presume to limit the most Holy God as to what Instruments he shall or shall not use in the Melioration of the Affairs of Church or State But the French King is one I never think of without Horror Nor do I entertain any idea of Gods making any right Lines in the World by so crooked an Instrument If David must not be allowed by the Course of Providence to build the Temple because his Administration of the Government had been so much dipp'd in Blood what good to Religion can we presage from such a Monarch as has made all Christendom almost one great Aceldama The great God will I believe take his time to make this Monarch share in the usual fate of Persecutors how prosperous soever he may be at present according to what is commonly observed out of the Heathen Moralist That the Divine Wheels are grinding and will grind to powder though they are slow in Motion Nor did God think fit to use our Henry 8 th as an Instrument to contribute towards the building his House here further than by removing the Rubbish of the Papal Vsurpations and by so Signally Acting therein by compassing the Popes power to be here reduced to the level of that of every other Foraign Bishop This was a Momentous thing and worthy the Sagacity and Politicks of King Henry and his Ministers and it must however be for his Honour acknowledged in our English Story The truth is that it having been so Customary for the Bishops of Rome when they met with a weak King here or one whose Affairs were Embarrassed to interlope in their Temporal Concerns and to presume to dispose of their Crowns and Regalities it was but Natural for such a Magnanimous Monarch as Henry the 8 th was to Stake down the Popes Spiritual power to that short tedder he did out of the Scriptures and to allow it to go no further there than any other Foraign Bishop's And thus I for my part would never prefer any Divine to be my Spiritual Pastor who claimed my Temporal Estate And as I think no Lords of Mannors who had the right of Advowson would present any one to a Living in their gift who without Sense or Reason did set up a title to the Mannor But the very thought of waters not rising higher than their Springs might well serve to mind Henry 8 th and some of our former Roman Catholick Princes that the Power of the Bishop of Rome in Temporals however Claimed by Popes was not allowed to rise higher than St. Peter's nor St. Peter's higher than his who said his Kingdom was not of this World and that St. Peter's Successor is not like Tamberlain to tread on the Heads of Christians nor like Alexander the Third to Tread on the Neck of an Emperor and Burlesquing one of King Davids Psalms Super aspidem basiliscum ambulabis conculcabis l●onem Draconem when it may be said that the Holy Iesus did tread so gently in his passage through the World that if he had trod on a bruised Reed he would not have broke it or if on smoking Flax he would not have quenched it A Man cannot throughly Write of the Old Papal Usurpations here without being as voluminous as Mr. Prynne and our Statute-Book doth sufficiently instruct us out of Hen. 8 th's Reign and former ones in the Fact of the Papal Arrogance and in the Fact and Right of their being withstood But I need not tell you of the common Observation that those Statutes in Henry 8 th's time that were most warm against the Papal Usurpations were but Declarative of our old Laws and Customs and as for example the dernier Ressort that the Cannon Law gives the Pope of Appeals from our Ecclesiastical Courts was an Usurpation long before the Statute of Henry the 8 th's time for prohibiting all Appeals out of England to the Court of Rome And thus the Constitutions at Clarendon plainly speak out how our Old Laws and Customs were to be observed in this point viz. That all Appeals must proceed regularly from the Arch Deacon to the Bishop from the Bishop to the Arch-Bishop and if the Arch-Bishop failed to do Justice the last Complaint must be to the King to give Order for Redress i e. by proper delegates and Mathew Paris A. 1164. thus tells us that in the Reign of Henry the Second the Custom then about Appeals was viz. Si emerserint ab Archidiacono debet procedi ad Episcopum ab Episcopo ad Archiepiscopum si Archiepiscopus defuerit in justitiâ exhibendâ ad Dominum Regem perveniendum est postremo ipsius in Curiâ Archiepiscopi controversia terminetur ita quod non debet ultrà procedi absque assensu Domini Regis But as to the Ridiculousness of the Papal Usurpations by the