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A45426 Of schisme a defence of the Church of England against the exceptions of the Romanists / by H. Hammond ... Hammond, Henry, 1605-1660. 1653 (1653) Wing H562A; ESTC R40938 74,279 194

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our Kings have the same authority in their Territories that the Roman Emperour had in the Empire § 19. The Reason of all supreme power of Kings And the reason of all this is clear not only from the supreme authority of Kings in all sorts of causes even those of the * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the King is as it were the common directer and ruler of the Church both in title and reality Demetrii Chomateni Resp ad Const Cab Jur. Graec Rom l. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ye are Bishops of the Church for those things which are celebrated within it but for external things I am constituted overseer or Bishop by God saith Constantine the Great in an assembly of Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I am King and Priest saith Leo Isaurus to Gregory the second Nec tamen eo nomine à Pontifice reprehenditur and was not for this reprehended by the Pope see J. C. de lib. Eccl ap Goldast Monarch t. 1. p. 686. So Socrates the historian of the Emperours in general after their receiving the faith of Christ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the affairs of the Church depended on them in Prooem l. 5. And by Optatus l. 2. it is noted and censured as a Schismatical piece of language in the Donatist● Quid enim Imperatori cum Ecclesiâ And all this according to the principles of civil policy acknowledged by Aristotle Pol. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the King hath power of those things that belong to the Gods and by Diotogenes in S●obaeus that a perfect King ought to be both a good Captain and a Judge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 yea and a Priest also And accordingly among the ancient Roman regal Lawes this is one Sacrorum omniū potestas sub Regibus esto Let the power of all sacred things be under the Kings and so in the practice Caius Caesar in Suetonius c. 13. was both Augur and Summus Pontifex Galba tres Pontificatus gerebat Ibid Gal. c. 8. Claudius is by Josephus called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the greatest High-priest and Tacitus makes it his observation Deûm nunc munere summum Pontificem summum hominum esse Annal l. 3. The same appears among the Jewish Kings in Scripture David ordering the courses of the Priests Solomon consecrating the temple Hezekiah 2 Chron 29. 2 Kin 18. and Josiah 2 Kin 22. ordering many things belonging to it And so S. Paul appealed from the judgement of the chief Priests to the tribunal of Caesar see G de Heimberg de usurp Pap so in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the whole third book is made up of Justinians i. e. the Emperours constitutions de Episcopis Clericis Sacris concerning Bishops Clergy men and sacred offices And the Canons of Councels have mostly been set out and received their authority by the Emperours and accordingly in the Theodosian Code we shall find many of those which are now called Papal decrees Church as well as Civil as might be proved at large if here it were needful and cannot be reasonably so confined as not to belong to a matter of this nature but peculiarly from that which hath been already noted and expressely ordered Can. 17. of the Councel of Chalcedon even now cited of the Ecclesiastical division of Provinces c and Ecclesiastical division of Provinces following the Civil following the civil For 1. it being certainly in the power of the King to place his Praetoria or courts of Assizes where he please and 2. it being the known original of Metropoles and divisions of Provinces as Strabo saith Geogr. l. 17. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Provinces are variously distributed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because the Romanes divide them not by tribes or families but after another manner in relation to the cities where they set up their courts of Assizes and again it being most reasonable that as any new accident raises one city to a greater populousnesse or depresses another so for the convenience of the people one should be made the seat of Judicature the other cease to be so and no man so fit to passe the judgement when this should be as the King and 3. the very same reasons of convenience moving in the Church as in the State the Bishops and over them Metropolitanes and Primates having their judicatures and audiences which in all reason must be so disposed of as may be most for the convenience of administration that they and all under them may do their duties with most facility and to greatest advantage and lastly there being no obstacle imaginable from any contrary constitution either of Christ or his Apostles against which the Prince can be said to offend either directly or interpretatively as I suppose is already clear from the refutation of the plea from S. Peters universal Pastorship whensoever he shall think fit to make such changes the Conclusion is rational as well as evident just that it should be so as well as cleare that elsewhere it hath oft been so de facto and appointed by the Canon of Chalcedon de jure that the King may erect a Primacy when he please and so it is certain that King Ethelbert at the time of Augustines planting the faith did at Canterbury the seate of his Kingdome Imperit sui totius Metropolis saith Bede l. 1. c 25. conquently remove it from any other place at his pleasure Had it not been for this there is no reason assignable why this nation being in Constantines time under three Metropolitans the Arch-bishop of York and the Primacy belonging to that city as being then the Emperours seat where Septimius Severus and Constantius Chlorus died and the Praetorium of the Diocese of Britannie the Arch-bishop of London and the Arch-bishop of Caerusk in Monmouthshire either 1. there should be as there was an addition of two Provinces more Valentia and Flavia Caesariensis or 2. the Metropolitical power should be removed from London to Canterbury as also from Caerusk to S. David's as hath been said and the Primacie from Yorke to Canterbury § 20. This Power of Kings if taken away by forein laws c. resumable Now what is thus vested in the Regal power cannot be taken away by forein laws or by prescription be so alienated but that it remains perfectly lawful for the Prince to resume it sect 21. That laws made at Rome doe not take away the liberty of another national Church to make contrary laws thereunto and that by such obviation no Schisme is incurred we finde delivered in the Councel of Carthage Can 71. according to Balsamon's division And though the Canon be not set down by Binius yet both he and Baronius acknowledge that what was contain'd in that particular Canon was the main occasion of the Synod And the Antiquity thereof is considerable those Canons being made say Baronius and Binius Anno 401. § 22. So likewise that a Law though made by a General Councel and with the consent of all Christian Princes yet