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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A79524	Catholike history, collected and gathered out of Scripture, councels, ancient Fathers, and modern authentick writers, both ecclesiastical and civil; for the satisfaction of such as doubt, and the confirmation of such as believe, the Reformed Church of England. Occasioned by a book written by Dr. Thomas Vane, intituled, The lost sheep returned home. / By Edward Chisenhale, Esquire.	Chisenhale, Edward, d. 1654.	1653 (1653)	Wing C3899; Thomason E1273_1; ESTC R210487	201,728	571

made use of to cheat King John out of his right served likewise to delude King Philip of his vain hopes which Instrument bringing so much honour and profit to the See of Rome was afterwards with great insultation and triumph glased in Gold and was called the Golden Bull and Pope Innocent the third having so good successe against these Kings he procured presently after in a Gouncell of L●teran that the Popes should be declared above Kings as appears in the 14 chapter This is that Magna Charta by which his Holinesse claimes a superintendency in England who please duly to consider will find that it is a thing of scorn and mockery to Rome and of no dishonour or damage to the Crown of England For King John subscribing that Bull and making the Kingdome tributary was against the Law of the Land For the King cannot dispose of those things that are inherent in the Crown much lesse of the Crown it self to make it tributary and this Moore a great Roman Catholike confessed that unless it were by consent of the Nobles And the Commons of the Land it could not bind the successours of the King which is the true Rule of our Law and agreeable to the antient Constitutions of our Land and whereas Steph. Langton was confirmed Bishop that confirmation unlesse it had been by the Kings consent gave him no right to that place for the consent of the Monks to his election without a Conge deslier against the Kings consent who had sole right to collate to the See of Canterbury in respect that of that time the Bishops were not elegible did not at all help the matter for Stephen Langton was admitted anno 1205. and the Roll for making them elegible was not till the 17 of King John which was 12 years after his installment so that had it not been that the King consented to it and did repell his electing of Grey Langton had been an usurper notwithstanding the election of the Monks befides the Monks could not elect him nor any other without the Kings Writ of Conge Deslier This Langton as I have said before was a man so much qualified that he could not want his Holinesse favor for he was a second Hildebrand a meer State incendiary and knew how to trouble the clear waters and make them fit for his Holinesse to fish for gudgeons P●● Favors Railors And would the Doctor but conspire to plot some mischief against his mother Country no doubt he might be preferred as Allen was to the dignity of a Cardinall But I hear he is a man of another temper and therefore I much honour him and am sorry he hath betaken himself to the company of those whose respects towards him will grow cold for as he is a meek and sober man he is uselesse to his Holinesse and must never think to find any extraordinary favour or honour from him for it is a Papall maxime not to Canonize Innocents amongst Saints time hath made the Popes experienced and master builders of their Spiritual Babell they are grown Cunning architectors and know how to fit every piece serviceably in the rearing up of the Babilonish Tower The Doctour was presently discovered not to be fit for an ignation of whom it is required to be active stirring and turbulent But he would serve for a Carthusian who spend their time in more confined and retirednesse Ex quovis ligno non fit mercurius But this by the way I return to the Golden Bull. As the installing of Langton had been void notwithstanding the election had not the King consented to a new Conge Deflier so was the donation of that tribute to the Pope void and null notwithstanding the Golden Bull The Golden Bull. which Bull though it received so much honour as to be entombed in Gold and laid up for an everlasting Monument of Romes acquired wealth and dignity Yet in my judgement serves for no other use but to take up a room in the Treasury of their Superstitious Trumperies and instead of being consecrate to the memory of Pandulphus and serves to put posterity in mind of his course imployment to cheat Princes and the Popes wickedness to set him a work about unlawfull designes which when they were at chieved to their desire became of no validity and so this sacred Monument instead of Glory becomes a lasting Record of their shame and foolery I wonder in what forme this Magna Charta was enclosed when it received its Golden-outside The Golden Bull Anno 1217. sure it is was made like a Nut and did thereby Hierogliphick its short continuance for it was not long preserved it proved deaf presently after For that very year it was Sealed King John dyed and Hen. 3d his sonne succeeded him who sent Hugh Biggod a Noble man and others to the Generall Councell at Lyons in France to require that Bull to be Cancelled in respect that it passed not by consent of the Councell of the Realm which the Pope put off for that time under pretence of more weighty affairs and still keeps the same amongst his other Monumentall Trophies nor did England at any time since seek to have the Nut resto●ed but waves all interest to it and freely proclaims that any who please may crack it and take the Kernell for their pains By vertue of this grand Charter the Pope had in conceit under his jurisdiction the Kingdome of England but it was but in conceit for he regained no more benefits or vertuall prerogative from thence then the Turk doth who tacitely by his title of being Lord of Europe stiles himself Lord thereof Hen. 3d never paid any tribute nor acknowledged it due nor any of the three succeeding Edwards and Anno 6. R. 2. all the Kingdome willingly bound themselves by a Law to maintain the Crown of England against all Papall citation suspension excommunications and censures whatsoever which they judged free and subject to none save God The power of Magistracy being innate not affixed to England The next Argument the Papists make to prove the Popes Ecclesiastical power in England The King styled Defender of the Faith by the Pope is from Hen. 8. his accepting the style of Defender of the Faith as an honour proceeding from his Holinesse whereby they would perswade that the King is not to meddle with matters of Faith within his own Realms unlesse by deputation or consent of his Holinesse to which I answer I have proved that by the antient Lawes of the Kingdome the King is superintendent within his own Dominions as well in cases Ecclesiasticall as Civill in Scripture Kings are called Nursing Fathers of the Church Isai 49.23 and this right was in the Crown before ever Hen. 8. had it promulged by the Pope for R. 2. in a Commission granted by him used these words Nos zelo fides Catholicae cujus sumus esse volumus defensores in omnibus c. wherefore for the Pope to give this stile

but was reduced back and centred again in its own proper sphear and that not by any compulsive power but as if the succeeding Pope Adrian had felt som compunction of Spirit for detaining that which of Right belonged to the Civill Magistrate he did freely and by consent of a Councell at Lateran give power to Charles the Great to appoint the Bishop of Rome and to dispose of his See Apostolick which so remained in him and his Successours for a long time and since diverse Popes of Rome by vertue hereof have been deposed as Benedict 5th by Otho the first and Leo placed in his roome and Gelasius deposed by Hen. 5. and several others which came not in in right of the Emperours as may appear by the German and Italitan Histores wherefore the pretence of some Popes Parasite that Ludovious Pius successour to Charles the Great should release this priviledge of Collation back again is vain and utterly false as is evident by these transactions of succeeding Ages The Romans bound themselves to Henry 3d the Emperour by Oath not to meddle with the appointing the Emperour which after within four years when the Emperour was absent was violated the Clergy of Rome choosing Stephen 9th anno 1057. which being but an usurpation in the Clergy so to doe the Cardinalls thought they had as much right as those Clergy-men and therefore upon the Rule that one Thief may rob another did by the assistance of Pope Nicholas 2d and Hildebrand his Cardinal Chaplain take it to themselves so that whosoever is Pope by their Election hath no right to the Chair for that the Title of the Cardinalls is surreptitious and illegall in its Commencement Et quod ab initio valet in tractu Temporis non convaliscat For the Pope being a Spiritual man ought not to plead possession when as his claim is by Intrusion and prescribe he cannot for that these Records are extant to the contrary since therefore by primitive right and by reduction after a separation thereof and that made good by Authority of Pope and Councell and after by Oath confirmed it doth belong to the Emperour of the West or the King of France to appoint the Bishop of Rome Let the present Emperour look to his Right as he will be served and let him beware of too long a discontinuance of this priviledge for should the gnawing rusty teeth of time worm-eat and rase all his Records and Testimonies that prove him a right to this Collation he shall never repair his losse when as he may be sure the Vactitan Hill shall be stored with old and new additions to the Bishop of Rome a right to appoint Germany an Emperour And as the Emperour had right to Collate to the See of Rome so likewise had he the same right to other Metropolitan Sees of Germany till over looking his Right to Rome the rest fall from him according to the Rule Dato uno absurdo mille sequuntur But I return back to England and will shew what right the Civill Magistrate hath to appoint Bishops in England without consent of the Pope By the Antient Lawes and Constitutions of this Kingdome The Kings of England appoint Bishops without the Pope the King was Patrone of all the Bishopricks in the Land for the Rule is Patronum faciunt dos edificatio fundus they were all donative and of the Kings gift Per traditionem annuli Pastoralis baculi as appears by the Law-books 7 Edw. 4. Cook 10. Report 73. and Matthew Paris History fol. 62. The King by Edward the Confessours Lawes cap. 19. is declared to be Vicarius which was long before acknowledged by Eleutherius in his Epistle before recited summus persona mixta cum sacerdote Constitutus est ut Populum dominii super omnia ecclesiastica Regat By the Judges of old it was declared that Papa non potest mutare leges Angliae none can Found or Erect a Colledge Church Abbey c. without the Kings Warrant Dyer 271. the Priviledges of the Church were growing out of the Civil Magistrates power and therefore by the Articles Super clerum made 9 Edw. 2. no suite was to be before the Bishops for any matter whatsoever but a prohibition lay and there it is expressed in what cases it shall be allowed 16 Edw. 3. Excom 4. and 2 R. 3.22 Excom by the Pope is no disability of any suit within this Kingdome which resolutions are grounded upon the Common Law of this Kingdome which Common Law is but certain reasonable Customes and usages of the Land refined by the experience of succeeding Ages and drawn into forme by Edward the Confessor which gathered it out of Divine natural and moral principles and as I said the antient reasonable usages of the precedent Ages and that the King is by antient Custome Vicarius sumus and with the advice of his nobles did appoint Bishops is proved by Eleutherius who was the first Bishop of Rome that ever had any entercourse concerning Church affaires in this Land which was onely to assist and further the Ministry but in no means to take from the King what was his right or what formerly belonged to him nor was this Antient right ever invaded till Beckets businesse that I can find 't is true that some strangers were sent hither and recommended by the Bishop of Rome to be by him preferred to English Benefices which were out of courtesie accepted but this did not prove any right of Collation in the Bishop of Rome at all nor did ever he set up his pretence to that Right till Hen. 2. time Which quarrel the advantage of the troubled times did occasion not the Justice of the Popes Cause to spur him to clear his title thereto he knew well enough that the King had the sole Power and just Title without him to set up what Bishops he pleased And whereas it may be objected that the Bishops of England are elegible it is true they are so but that was by the consent of King John for before that they were not elegible but were made elegible by a Roll 15 Jan. 17. of K. John but notwithstanding that grant is so restrained that they cannot be elected without the Kings Writ of Conge Deslier As for the Pope excommunicating the King about Beckets quarrell Tho. Becket that doth not prove the Popes power so to do For to argue de facto ad jus brings with it an absurd consequence it pleased the King to submit to it not being able to oppose the Factions then stirred up against him Infra 90. 11 chap. But it cannot from thence be evinced that the Kings voluntary submission out of policy of State doth make the Popes claim to excercise that power in anothers Province lawfull I have more at large treated of this particular businesse in the 11 chapter to which I refer you But the main businesse insisted upon by the Papists is the grand contest between Innocent the third and

it was superfluous for expressio eorum quae tacite insunt nihil operatur It doth but argue he is covetous and ambitious covetous in that he hereby makes himself master of anothers Interest and ambitious in that he would be thought the Author of Princes dignities As for King Hen. 8. his adding that stile to his other distinguishments of Dignity it did not proceed from any conceit that he could not have stiled himself so had not the Pope saluted him with that courteous appellation But only in respect it was grown into fashion to adde to their temporall Styles some denotement of their ecclesiasticall power as the Emperour of Ethiopia stiles himself the Pillar of Faith without deriving that dignity from Rome It is true the French embrace the stile of Christian and the Spaniard of Catholick King from Rome yet I suppose they might without that be so dignified As for England it is plain that her King may without any donation thereof from Rome for that it is warranted by her antient Lawes and Eleutherius called Lucius Gods Vicar the King was stiled Persona mixta cum sacerdote which was many hundred years known before Hen. 8. Ante 37. Cap. 4. and therefore sith by the antient Lawes of the Land the King is Vicarius sūmus infra Regnas He must nominate or ought to Authorise some by vertue of his power all forrain provinciall Jurisdiction being lockt up by consent of Councels within its proper provinciall precincts to appoint Bishops this antient right being grounded upon Gods Word in that I have proved that the Temporall Magistrate did elect such as should be ordained and therefore for the Doctor to deny us to be a Church because we want succession of Bishops the new ones being appointed by the Temporall Magistrate when as they wanted nothing to compleat their Order seemes to me strange and unreasonall If the Doctor when he denies our succession of Bishops No discontinuance of Succession of Bishops in England when Queen Elizabeth turned out the old ones could prove that the new ones had no Imposition of Hands by Bishops then his Argument touched us something though it be not absolute necessary that Bishops ordain Bishops Ante 33.4 chap. For what if all the Bishops should die so neer at one time that none were left ordained by them shall not the Presbytery make Bishops they have right to the Keyes which are called Claves ecclesiae non episcoporum and they are the remaining Pillars of the Church and certainly may confer the Order of Bishop upon others and that the rather because the Councells forbid Bishops of another Province to ordain in a forrain Province and though it may seeme strange to some that Ministers which are subordinate should ordain Bishops and so confer Superiour Orders it is not if rightly examined contradictory to reason For in this first ordination of Priests and Deacons they are infra ordines majores which orders are called Holy and Sacramentall and are the Highest Orders witness Pope Vrban decret dist 60. sum Sacr. Ro. Eccl. 226. as for the Order of Bishops it is no more then a Priest as to the Holy and Sacramentall Order onely more excellent in respect of the Order of Governing which is rather of Humane then Divine right Priests ordain Bishops for as it is Divine it is no more then what every Priest hath by the Sacramentall order but as it is Humane it is transcendent in relation to Discipline Ante 33.4 chap. and therefore the Presbytery may agree to ordain one over them to govern them in ecclesiasticall Rites as the people may choose a Prince to Govern in civill affairs Hence it was that the Apostles sent John to Ephesus Peter to Antioch and appointed James over the Churches at Hierusalem which before such their Consignations were but equal with the other Apostles in every respect but after that if any other of the Apostles came where they had the over-sight they were observant of them Hence was it that James was prolocutor of the Councel at Hierusalem and not Peter because James was Bishop there I may from thence infer that if Peter came to Rome for the same reason he was observant of Paul and therefore it is conceived that in case of necessity Priests may ordain Bishops for that Bishops in relation to their Jurisdiction are not a Sacramentall Order but onely as they are Priests But if this opinion be by the learned condemned I shall submit and yet with confidence affirme that we may in England claim a Church notwithstanding For when Queen Elizabeth turned out some Popish Bishops those that were put into their roomes were ordained by the remaining part of the old Bishops For all the old Bishops were not turned out then nor in Hen. 8. his time For first in Hen 8. time the controversie was about Supremacy which question the Insolencies of the Pope occasioned though I doe not justifie that Prince for all he did and being once started it gave occasion of further scrutiny into the primitive Fathers and Councels Reformation of England Infra 55.5 chap. which did so far perswade the Consciences of the then Clergy that many of them did adhere to the Prince against the Pope and by that and other after inquisitions they found they had primitive right of calling Councels and reforming things amisse in their Church without appealing to Rome and thereupon having the authority of Scriptures Councells and Fathers they restored to themselves their just rights and shook off their servile obedience to the See of Rome which the Popes continued over them by keeping them up in ignorance not allowing them their own judgements and illumination ecclesiasticall to understand the plain letter of any thing be it never so far demonstrated to the easiest capacity without his Holinesse interpretation and having thus shaken off that slavish yoke of Rome the scales of blind obedience fell from their eyes and they clearly perceived the Popes false cunning and damnable abusings of Scriptures Fathers Councels and what not thorow his unjust usurpations of universality and infallibility whereby he became a new Legislator of Divine rules of Faith which had in them too much of grosse and fleshly compositions tending meerly to enslave Christendome and to set up the Popes triple Crown for all the people to worship thereby making them forsake Christ and his Truth for the fables and traditions of that abominable Idoll And as In Hen. 8. time all the Bishops were not turned out so neither at the coming of Queen Elizabeth to the Crown but continued in their Bishopricks excercising their function ordaining others as formerly onely the Archbishop of York the Bishops of Elie Lincoln Bath Worcester and Excester were outed and the Bishops of Saint Asaph Bangor London and Chester fled the rest continued and ordained others The Queen her self being Enaugurated by Bishop Oglethorp one of Queen Maries Bishops and Bishop of Carlisle and Parker the Arch-bishop

set an ungodly man to be ruler over them Against whom should they out of the dictates of humane reason exalt themselves for that they fleshlily conceive that otherwise the Church of Christ will be utterly destroyed it argues their infidelity of Christs promise to his Church which shal never be universally invisible and he having enjoyned unto them obedience they must submit unto that rule and rely upon Gods providence to his Church who can contrary to humane reason make the blood of the Martyrs the seed of the Church Wherefore Saint Paul and Saint Peter have left these commendations to the Saints of the several Churches To suffer is the fruit of the Spirit Gal. 5. and blessed are ye if ye suffer for well doing and Saint Peter 1. Pet. 3.14 Blessed are ye if ye suffer for righteousness sake Wherefore saith he 1 Pet. 4.19 Let them that suffer according to the will of God commit their souls to him as unto a faithful Creator and you hereby saith Saint Paul 2 Cor. 2. make proof of your being in Christ if ye be obedient in all things knowing this That if yee suffer ye shall reign 2 Tim. 2.12 This was the practise and precepts of the Apostles and that the Pope is bound hereunto I shall make it evident by the examples both of the old and new Testaments and likewise by the ancient and moderne practises of all Christian states The Jesuites Bishops not above Kings those stiff maintainers of the Popes prerogative have endeavoured to beguile the world with their subtil sophistry that they might by any means set up his holiness above all powers on earth and therefore they would perswade that Church-men are as far above Kings as the soul is above the body and that Kings should be subject to them in respect their power is from the people the Bishops power is from God and if Churchmen obey Princes it is out of discretion for order sake not out of necessity of obedience To which I answer That the people desired a King t is true and they had one given them but his power is from above and he was by appointment of God anointed 1 Sam. 9. and after that the people had submitted themselves to the King they could not cast him off Samuel told them by way of premonition that he should rule over them commanding their sons servants fields sheep c. and you shall cry out in that day as thinking your selves oppressed but the Lord will not hear you 1 Sam. 8. For his power once vested it is from above by which he holds it he is Vnctus Dei and the Bishop of Rome may in this respect as well as he be said to derive his power from men for that he is chosen by his Cardinals and formerly was nominated by the Emperors as I have shewed you in the fourth Chapter so that the Kings deriving their power from the people as in reference to their particular exercising of the Kingly power doth not prove their power from the people their power is from God though the people desire this or that prince to be over them and therefore as their power is from God it is at feast equal with the Bishop in side to the derivation of the power and if it were no more but so the Bishop cannot be above Kingship for par in par●m non habet potestatem Now that I may further illustrate the truth of this point I will borrow that Objection and prove by that Reason of Kings having their power from the people that the Pope hath no power to dethrone them That Monarchy and Civil Magistracie have their rise from consent of People is a truth most clear and manifest It is true that Kingship was anciently upon the earth Nimrod the son of Cush the son of Ham the son of Noah was King of Babel Gen. 10. and the Egyptians had a Pharaoh over them six hundred yeers before Saul Whereupon some have from hence conceived Kings to be Jure Divino which Assertion of theirs admits of this distinction they may be said Jure Divino as in reference to their power because By God Kings reign they are the Generals which go in and out before the people and it being the Lord of hosts which gives victory in the day of battel their power is from God But they are Jure Humano in reference to their Institution the People onely having a power of choice whether such a particular man shall be set over them so rule them and to go in and out before them Nor is it any thing but reason Kings derive their power from the people that the People had this power from the beginning For as the King was to have command over their persons sons and servants so it was nothing but right that the people should approve and allow or disallow of the particular man that should have that particular power over them Hence was it that Saul though anointed of Samuel by special appointment of God yet by that consignement he was not absolute King but was preordained to be Governour over the inheritance For that anointing of Samuel did not give him power to exercise his kingly Office till Samuel assembled the people in Mizpeh 1 Sam. 10. and by consent of the Tribes was the lot cast which fell upon the Tribe of Benjamin and vers 24. All the people shouted and said God save the King So likewise David was anointed by Samuel 1 Sam. 16. yet after Saul's death he was not King till the men of Judah came and anointed him over Judah 2 Sam. 2. And though David sware unto Bathsheba that Solomon her son should succeed him yet it was the people came and confirmed it saying God save king Solomon 1 King 1. And Rehoboam his son succeeded him but it is plain he was not king by descent but by the peoples making him so for says the text 1 King 12.1 All Israel were come to Shechem to make him king It was not by inherent right that the sons commonly succeeded the fathers in the Regal Throne as may appear by that and the example of Joash who being son and heir of Ahaziah 2 King 11. yet was he made king by the people they crowned him and clapped their hands saying God save the king And as these Kings so the Romane Emperours and indeed all other kings derive their power of governing from the people not from any Birth-right not as Heirs succeeding in right of Blood but onely receiving their power from the choice and consent of the people which people would commonly make choice of such heirs and crown them kings with Solomon accounting their land blessed when their king was the son of nobles Eccles 10.17 For sith they were resolved to have kingly Government over them which Kingly Government is by some naked nations not clothed with wholesome Laws and Priviledges but prostitute to the daily various imperious dictates of humane will without known Rules to govern