affirm That neither the King of England nor the Church of England neither Convocation nor Parliament did breake his two Necessary Bonds of Christian Vnity or either of them or any part of either of them But that the Very Breakers and Violaters of these Rules were the Pope and Court of Rome They did breake his Rule of Faith by adding new points to the Necessary Doctrin of saving Truth which were not the Legaceyes of Christ and his Apostles nor delivered unto us by Universall and perpetuall Tradition The Pope and Court of Rome did breake his second Rule of Vnity in Discipline by obtruding their excessive and intolerable usurpations vpon the Christian world and particularly upon the Church of England as necessary Conditions of their Communion It appeareth plainly by comparing that which hath been said with his positioÌ„ of the case that after all his Bragges of undeniable evidence and unquestionable certeinty he hath quite missed the question We joine with him in his rule of Faith Wee oppose not St. Peters Primacy of Order and he him self dare not say that St. Peter had a larger or more extended power then the rest of his Fellow Apostles And though wee cannot force our understandings to assent that after the death of S. Peter Linus or Cletus or Clemens or Anacleâ—us were Superiours to S. Iohn and had actuall Iurisdiction over him who had as large a commission immediatly from Christ as S. Peter himselfe and larger then any succeeding Romane Bishop ever had Yet to shew him how little wee are concerned in it and for his clearer conviction wee are willing to suppose that they were his Superiours and give him leave to make all the advantage of his second Rule which he can in this cause And here if I regarded not the satisfaction of my self and the Reader more then his opposition I might withdraw my hand from the Table But I am so great a Friend of Ingenuity that I will for once discharge his Office and shew the World demonstratively and distinctly what Branches of Papall power were cast out of England by Henry the eighth upon which consideration the weight of the whole Controversy doth lye For it is agreed between us that if it appeare by rigorous Evidence that all those Branches of Papall power which were renounced and cast out of England by Henry the eight were grosse Vsurpattons then his renouncing was no eriminall Breach but a lawfull self enfranchisement And by undeniable consequence the Guilt of â—chism resteth upon them who made the Vsurpations that is the Pope and Court of Rome I adde further upon the equity of my second Ground that although Henry the eight had cast out something more then be ought yet if wee hold not out more then wee ought and be ready to admitt all which ought to be admitted by us then we are innocent and free from the Guilt of Schism and it resteth soly upon them who either will have more then their due or nothing Wheresoever the fault is there the Guilt of Schisme is If the fault be single the Guilt is single if the fault be mutuall the Guilt is mutuall And for rigorous Evidence There cannot possibly be any Evidence more demonstrative what Papall power was cast out of England then the very Acts of Parliaments themselves by which it was cast out Let us view them all The first Act made in the Reign of Henry the eight which hath any referente to Rome is the Act for holding Plurality of Benefices against the lawes of the land by dispensation from the Court of Rome making licenses for non Residence from the Court of Rome to be voide and the party who procureth such Licenses for Pluralityes or Non-residence to forfeyt twenty pounds and to lose the profits of that Benefice which he holdeth by such dispensation It were a pretty thing indeed if the Church and Kingdome should make necessary lawes and the Pope might give them liberty to break them at his pleasure The second Act is that No person shall be cited out of tâ—e diocesse where he dwelleth except in certain cases Which though it may seem to reflect upon the Court of Rome yet I do not find that it is concerned in it but the Arches Audience and other Archiepiscopall Courts within the Realm The third Act is meerly declarative of the law of the land as well the Common lawes as the Statute lawes and grounded wholy upon them as by the View of the Statute it self doth appeare So it casteth out no forraine power but what the lawes had cast out before The summe of it is this That all Causes Matrimoniall Testamentary or about Tithes c. shall be heard and finally judged in England by the proper Iudges Ecclesiasticall and Civill respectively and not elswhere notwithstanding any forrein Inhibitions Appeales Sentences citations suppensions or Excommunications And that if any English Subject procure a Processe Inhibition Appeale c. From or to the Court of Rome or execute them to the hinderance of any processe here he shall incurre the Penalties ordained by the Statute of provision or premunire made in the sixteenth yeare of King Richard the second against such as make provision to the See of Rome This law was eâ—larged afterwards to all causes of Ecclesiasticall cognisance and all appeales to Rome forbidden The fourth Act is an Act for punishing of Heresy Wherein there are three clauses that concern the Bishop of Rome The First is this And that there be many Heresies and paines and punishments for Heresies Declared and ordained in and by the Canonicall Sanctions and by the Lawes and Ordinations made by the Popes or Bishops of Rome and by their Authorities for holding doing preaching of things contrary to the said Canonicall Sanctions Lawes and Ordinances which be but humane being meer repugnant and contrarious to the royall Prerogative Regall Iurisdiction Lawes Statutes and Ordinances of this Realm The second Clause is that No License be obtained of the Bishop of Rome to Preach in any part of this Realm or to doe any thing contrary to the Lawes and Statutes of this Realm or the Kings Prerogative Royall The third Clause followeth That the Decrees of the Bishops of Rome not confirmed by Holy Scriptures were never commonly attested to be any Law of God or man within this Realme And that it should not be deemed Heresy to speak or doe contrary to the pretended power or Authority of the Bishop of Rome made or given by Humane Lawes and not by Scriptures nor to speake or Act contrary to the Lawes of the Bishop of Rome being contrary to the Lawes of this Realm The Fifth Act is an Act concerning the Submission of the Clergy to the Kings Majesty The scope of it is this that the Clergy shall not assemble in Convocation nor make or proniulge any new Canons without the Kings License Hitherto there is nothing new in point of Law Then that the King should have
power to name and constitute two and thirty Commissioners sixteen of the Clergy and other sixteen of the Peers and Parliament to view the Ecclesiasticall Lawes of the Kingdome and declare which were fit to be retained and which were to be abrogated The same Law is confirmed and enlarged The Sixth Law restreineth the payment of Tenths and First Fruits to the Bishop of Rome And prescribeth how Arch-bishops Bishops c. are to be elected and consecrated within the Realm without payment of any thing to Rome for Bulls and Pals c. The seventh law is an Act of Eâ—oneration of the Kings subjects from exactions and impositions heretofore paid to the See of Rome for Pensions Peterpence Licenses Dispensations Confirmations faculties c. and for having licenses and dispensations within the Realm without further suing for the same As being Vsurpations coâ—trary to the law of the land The eighth Act is Concerning the Kings Highnesse to be supreme Head of the Church of England that is Politicall head and to have Authority to redresse all Errours Heresies and Abuses in the same That is to say with externall Coactive Iurisdiction Wee never gave our Kings the power of the Keys or any part of either the Key of Order or the Key of Iurisdiction purely Spirituall but onely that Coactive power in the externall Regiment of the Church which their Predecessors had alwayes enjoyed The Ninth Act is for the annexing Tenths and first fruits to the Crown for the better supportation of the Burthens of the Commouwealth The tenth Act is au Act extinguâ—shing the Authority of the Bishop of Rome or extirpating it out of this Realm That is Not the Bishop of Romes Primacy of Order Not his beginning of Vnity Not that respect which is dne to him as Bishop of an Apostolicall See If he have not these it is his own fault This is not our quarrell It is so far from it that wee do not envy him any just legacies of Christian Emperours or Generall Councells But that which our Ancestors did extinguish and endeavour to extirpate out of England was the Popes externall Coactive power over the Kings Subjects in foro contentioso as wee shall see by and by when we come to state the quarrell rightly between us After this Act there followed au eleventh Act made for corroborating of this last Act to exclude the usurped power and Iurisdiction of the Bishops of Rome And both these Acts are backed with new Oaths as those times were fruitfull of Oaths such as they were The last Act of any moment was an Act of Ratification of the Kings Majestjes Style of Supreme head of the Church of England making it treason to attempt to deprive the King of it But as well the eighth Act which gave the King that title of the Head of the Church as this twelfth Act which makes it treason to attempt to deprive the King of it are both repealed and never were restored So are likewise the tenth Act of extinguishing the Authority of the Bishop of Rome and the eleventh act made for corroboration of that Act with both their Oaths included in them All that hath been added since of moment which concerneth the Bishop of Rome is one Act Restoring to the Crown the ancient Iurisdiction over the State Ecclesiasticall and Spirituall and abolishing all forrain power repugnant to the same Here is no power created in the Crown but onely an ancient Iurisdiction restored Here is no forrein power abolished but onely that which is repugnant to the ancient Lawes of England and to the Prerogative Royall In a word here is no power ascribed to our Kings but meerly Politicall aud Coactive to see that all their Subjects doe their Dutyes in their severall places Coactive power is one of the Keys of the Kingdome of this world it is none of the Keys of the Kingdome of Heaven This might have been expressed in Words lessé subject to exception But the case is clear The Grand Act xxv Hen. 8. cap. 12 The Injunctions of Queen Elizabeth The Articles of our Chutch Art 37. doe all proclaime that this power is merely Politicall Christ gave St. Peter a Commission to preach to baptise to bind and loose in the Court of Conscience but where did he give him a Commission to give Licenses to grant Facultyes to make Lawes to dispense with lawes to receive appeales to impose Tenths and First fruits in other mens Kingdomes whether the right owner will or no Who gave him power to take other mens Subjects against their Wills to be his Officers and Apparitors That is more power then Christ himself did challenge here upon Earth And now Reader take a Stand and looke about thee See among all these Branches of Papall power which were cast out of England if thou caust find either of St. Peters Keys or his Primacy of Order or his Beginning of Vnity or anything which is purely Spirituall that hath no further influence then merely the Court of Conscience No but on the other side behold a pack of the grossest Usurpations that ever were hatched and all so late that is was above a thousand years after the death of S. Peter be fore any of his pretended Privileges did see the sun in England observe them one by one The first is a power to dispense with English Subjects for holding Plurality of Benifices contrary to the Lawes of England And for non Residents contrary to the Statutes of the Realm It had been much to have made Merchandise of his own Decrees but to Dispense with the Lawes of the Land Non auderet haec facere Viduae mulieri He durst not doe so much to a poore widow woman as he did to the Church and Kingdome of England to dispense with their Lawes at his pleasure It is but vain for the Flower of our Kingdome to assemble aud consult about healthfull Lawes if a Forrainer have power to dispense with the breach of them as it seemeth good in his Eyes They might as well sit them downquietly fall to pilling of rushes The second Branch of Papall power which was Excluded out of England was the Popes Iudiciary power I doe not mean in Controversies of Faith when he is in the Head of a councell Yet Eugeniur the fourth confesseth that in points of Faith the sentence of the councel is rather to be atteÌ„ded theÌ„ the sentence of the Pope But I mean in points of meum and tuum not onely in some rare cases between Bishop and Bishop which had been lesse intollerable and had had more shew of Iustice but generally in all cases promiscuously as if the whole nation wanted either discretion or Law to determin their own differences at home without the help of the Roman Courtier tosqueese their purses It was not Henry the eighth but the old Lawes of England which gave them this blow against Appeales to Rome The third Branch of papall
Church of England Lastly these Papall Oaths doe necessarily suppose a Voiage to Rome either to take the Oath there or if the Oath was sent them into England one Clause in the Oathâ—was that they should come to Rome in person to receive the Popes Commands within a prefixed time But this is directly contrary to the Lawes of England which allow no Subject Clergiman or other to goe to Rome without the Kings Leave Thus much both the Prelates and Peers of the Realm told Anselm when he had a miâ—d to visit the Pope Thus much wee find attested by the Generall Assembly of the Kingdome in the Statute or Assise of Clarendon where one of the Customes or Lawes of the Kingdome is That No Ecclesiasticall person might depart out of the Kingdome without the Kings License No not though he were expresly summoned by the Bishop of Rome And at a Parliament held at Northampton in the Reign of Henry the third it was enacted that if any persons departed out of the Kingdome un lesse they would return within a prefixed time and answer it in the Court of our Lord the King let them be outlawed This was the unanimous complaint of the whole Kingdome to the Pope That the English were drawn out of the Realm by his authority contrary to the Customes of the Kingdome No Clergy man may goe to Rome without the Kings License say the ancient Lawes of the Realm Every English Prelateâ— shall come to Rome upon my command saith the Pope What Oedipus can reconcile the English Lawes and Papall mandates Commonly good Lawes proceed from evill manners and abuses doe ordinarily precede their Remedies But by the Providence of our Ancestors our English Remedies were preexistent before their Vsurpations Non remittitur Peccaâ—um nisi restituatur ablatum Vntill they restore those rights whereof they have robbed the King and Kingdome Wee may pardon them but they can hope for no forgivenesse from God I will conclude this point with an ancient Fundamentall Law in the Britannick Island anotherâ—Prince â—Prince professing Fidelity and obedience to any one besides the King Let him lose his head I come now to the last Branch of the first Papall Vsurpation Tenths and First fruits If Christ be still crucifyed between two Thieves it is between an old overgrown Officer of the Roman Court and a Sacrilegious Precisian The one is so much for the Splendour of Religion and the other for the Purity of Religion that between themâ— thâ—y destroy Religion Their Faces like Samsons Foxes locke contrary wayes but both of them have Firebrands at their tailes both of them prate of Heaven altogether both of them have their hearts nailed to the Earth On the one side if it had not been for the Avaricious Practises of the Roman Court the Papacy might have beeÌ„ a great advantage to the ChristiaÌ„ world in point of Order and Vnity at least it had not been so intolerable a BurtheÌ„ It is feared these will not suffer an Eugenius an Adrian or an Alexander to be both honest and long-lived On the otherside these Counterfeit Zelots do but renew the Policy of the two old Sicilian Gluttons to blow their Noses in the dishes that they might devour the meate alone that is cry down Church Revenues as Superstitious and Dangerous because they gape after them themselves If it were not for these two factioÌ„s wee might hope to see a reconciliation Self interest and self profit are both the procreating and conserving cause of Disunion Who would Imagin that the large Patrimony of St. Peter should not conteÌ„t or suffice an old Bishop abundantly without preying upon the poore Clergy for Tenths and First fruits and God knowes how many other waies The Revennes of that See were infinite yet the Bishops of ten complained of Want Gods blessing did not goe along with these Ravenous Courses So Pharohs lean Kine devoured the fat yet were nothing the Fatter them selves The first Tenth which the Pope had from the English Clergy was onely a single Tenth of their moveable Goods not by way of Imposition but as a Benevolence or free gift out of Courtesy But the Roman Bishops having once tasted the sweet meant not to give over so Non missura cutem nisi plena cruoris â—irudo The next step was to impose Tenths upon the Clergy not in perpetuity or as a certain Revenue due to the Papacy but for a fixed number of yeares as a stock for the Defence of Christendome against the incursions of the Turke About the same time First fruits began to be exacted not generally but onely of the Popes own Clerkes as a Gratuity or in plain English as a handsome Cloak of Simony But he that perfected the Work and made both Tenths and First fruits a certain annuall Revenue to the See of Rome was Boniface the ninth or Iohn the two and twentieth his Successor so saith Platina And with him almost all other writers doe agree This Boniface lived about the year fourteen hundred whom Turselline maketh to have been the restorer of Papall Majesty whose prudence did transcend his Age for he was but thirty yeares old He was the Vsurper that tooke away from the Romans the free choise of their Magistrates Iohn the two and twentieth lived in the time of the Councell of Constance some thing above the fourteen hundreth yeare It was he that called the Councell and was him self deposed by the Councell for grievous Crimes and the payment of First fruits abolished For neither the paiment of Tenths nor First fruits did agree with the palate of the Councells of Constance and Basile Notwithstanding their gilded pretences The Councell of Constance decreed that it was not lawfull for the Bishop of Rome to impose any Indictions or Exactions upon the Church or upon Ecclesiasticall persons in the Nature of a Tenth or any other way Which Decree was passed in the nineteenth Session though it be related afterward According to this Decree Pope Martin issued out his Mandate Wee Command that the Lawes which prohibit Tenths and other Burthens to be imposed by the Pope upon Churches and Ecclesiasticall persons be observed more Strictly And the Councell of Baâ—ill Commandeth that as well in the Roman Court as elswhere c Nothing be exacted for Tenths or Firstfruits c. But for all this the Popes could not hold their Hands Leo the tenth made a new imposition for three yeares Ad triennium proxime futurum for the old ends And it should seem that their mind was that thence forward as the cause lasted so should the imposition But the Germane Nation were not of the same mind who made this their nineteenth Grievance for as much as concerneth Tenth which Ecclesiasticall Prelates paid yearely to the Pope which the Germane Princes some yeares since did consent unto that they should be paid to the See of Rome for a certain time upoÌ„ Condition that this money should be
the Prejudice of the Decrees of Generall Councells or the Privileges of the French Church Then he must give no Dispensarions against the Canons or Contrary to those Privileges Thus we have viewed all the reall differences between the Church of Rome and us concerning Papall power which our Lawes take notice of There are some other petâ—y Abuses which we complain of but they may be all referred to one of these four heads The Patronage of the Church of England The Legislative The Judicary and Dispensative powers Other differences are but the Opinions of particular Persons But where no Law is there is no Transgression Wee have seen evidently that Henry the eighth did cast no Branch of Papall power out of England but that which was diametrally repugnant to the Ancient Lawes of the Land made in the Reign of Henry the fourth Richard the second Edward the third Edward the first Henry the third Henry the second And these Lawes ever of Force in England never repealed no not so much as in Queen Maryes time when all the Lawes of Henry the eighâ—h and Edward the sixth which concerned the Bishop of Rome were repealed So that I professe clearly I doe not see what advantage Henry the eighth could make of his own Lawes which he might not have made of those ancieÌ„t lawes except onely a gawdy title of Head of the English Church which survived him not long and the Tenths and first fruits of the Clergy which was so late an usurpation of the Pope that it was not in the nature of things wheÌ„ those ancient lawes were made And since I have mentioned the Novelty of that upstart Vsurpation give me leave to let you see how it was welcommed into England whilest it was but yet hatching with the shell upon the Head of it By a Law of Henry the fourth about an Hundred yeares before Henry the eyghth so late this Mushrom began to sprout up For the grievous Complaints made to the King by his Commons in Parliament of the horrible Mischiefs and Damnable Custome which is introduced of new in the Church of Rome that none could have Provision of an Archbishoprick untill he had compounded with the Popes Chamber to pay great excessive summes of money as well for the First fruits as other lesser Fees and Perquisites c The King ordeineth in Parliament as well to the Honour of God as to eschew the Dammage of the Realm and perill of soules That whosoever shall pay such summes should forfeit all they had or as much as they might forfeit Wherein are Henry the eights Lawes more bitter against the Bishop of Rome or more severe then this is To conclude we have seen the precise time when all these Weeds did first begin to peep out of the earth The very first Introduction to the intended Pageant was the spoiling of Christian Kings of the Patronage of the Church which Bellarmine confesseth that they held Per non breve tempus For a long time A long time indeed so long as there had been Christian Princes in the world from Constantine the Great to Henry the fourth in the Empire and yet longer with us in Brittaine from King Lucius to Henry the First The Clergy of Liege say Nimium effluxit tempus quo haeâ— consuetudo incepit e. It is too long since this Custome of swearing fidelity to Princes did begin Aud under this Custome Holy and Reverend Bishops have yielded up their soules to God giving to Caesar that which was Caesars and to God that which was Gods But theÌ„ rose up Pope Hildebrand otherwise called Gregory the seventh Fortissimus Ecclesiae Dei Vindex The most undaunted Vindicator of the Church of God Who feared not to revoke and defend the old Holy Ecclesiasticall Lawes With this accordeth the Church of Liege Hildehran dus Papa Author hujus Novelli Schismatis primus Levavit Sacerdotalem Lanceam contra Diadema Regni c. Pope Hildebrand the author of this new Schisme first lift up his Episcopall Lance against the Royall diadeÌ„ And a little after Si utriusque Legis totam Bibliothecam c. If I turn over the whole Library of the old and new Law and all the ancient Expositors thereof I shall not find an Example of this Apostolicall precept onely Pope Hildebrand perfected the Sacred Canons when he Commanded Maud the Marchionesse to subdue Henry the Emperour for remission of her Sinnes I take no exceptions to the person of Pope Hildebrand others have done it sufficiently Whether the Title of Antichrist was fastened upon him justly or injustly I regard not Yet it was in the time of this Hildebrand and Paschalis his Successor that the Arch-bishop of Florence affirmed by revelatioÌ„ for he protested that he knew it most certainly that Antichrist was to be revealed in that age And about this time the Waldenses of whom St. Bernard saith that if we inquire into their Faith nothing was more Christian if into their Conversation nothing was more irreprehensible made their Secession from the Bishop of Rome And not long after in the yeare 1120. published a Booke to the world that the great Antichrist was come That the present Governers of the Roman Church armed with both Powers Secular and Spirituall who under the specious Name of the Spouse of Christ did oppose the right way of Salvation were Antichrist But I cannot but wonder what are those old holy Ecclesiasticall Lawes which Bellarmine mentioneth Those Institutions of the Holy Fathers which Hildebrand himself professeth to follow Sanctorum Patrum instituta sequenâ—es Why doe they mention what they are not able to produce or pretend what they never can perform Bellarmin hath named but one poore counterfeit Canon without Antiquity without Authority without Vse without Truth If Mr. Serjeant be able to help him with a recruit it would come very seasonably for without some such helps his pretended Institutions of the Fathers will be condemned for his own Innovations and for arrant Vsurpations and the Guilt of Schism will fall upon the Roman Court. Sect. I. Cap. IX But I expect it should be objected that besides these Statutes which concern the Patronage of the English Church the Legislative the Iudiciary the Dispensative power of Popes there are two other Statutes made by Henry the eighth The one an Act for extinguishing the Authority of the Bishop of Rome The other an Act for establishing the Kings Succession in the Crown wherein there is an Oath that the Bishop of Rome ought not to have any Iurisdiction or Authority in this Realm And that it is declared in the 37. Article of our Church that the Bishop of Rome hath no Iurisdiction in this Kingdome of England And in the Oath ordained by Queen Elisabeth That no Forrein Prelate hath or ought to have any Iurisdiction or Authority Ecclesiasticall or Spirituall with in this Realm I answer this Objection three wayes First as to the two Lawes
Secondly I proved it by one of the Principall Statutes themselves those terms of Law which declare old Law are not the same with those which enact new Law This proofe is demonstrative He urgeth if there were something new it was new and a Statute we Englishmen use to term a Law So if he new turn his Coat there is something new yet we English men say his Coat is and old Coat for all that Magna Charta or the great Charter of England is an old Law yet it hath been renewed or newly declared by almost every succeeding King New Statutes may declare old Lawes He saith I cite two Protestants Fitz-Herbert and my Lord Cooke both of mine owne party to speake in behalf of Protestants I cite no Protestants as Protestants nor to speak for Protestants nor as witnesses in any case in difference between Protestants and Papists but I cite two great English Iudges as Iudges to speak to the Difference between a Declarative Statute and an Enactive Statute by the Law of England and who could be so proper witnesses of the Law of England as they Secondly who told him that Fitzherbert was a Protestant No more a Protestant then himself for any thing that ever I could perceive He was a great Iudge lived in Henry the eighths time and writ sundry workes Where he setteth down the Charge against a Papist he doth it in such a manner that it can hurt no man except he will confesse himself to have done what he did obstinately and maliciously but where he setteth down the charge of a Iustice of Peace against Hereticks or Lollards he giveth it home But Mr. Serjeant hath the art to make Protestants or Papists of whom he list so it serve his present turn Thirdly though Fitzherbert and my Lord Cooke had said nothing yet the case is as cleare as the light that this very Statute is Declarative of old Fundamentall Law not Enactive of new Law And this I prove first by view of the Statute it self He that hath but half an eye in his head may easily discern the difference between an Enactive Statute and a declarative Satute An Enactive Statute looketh onely forward to the time to come and medleth not at all with the time past but a declarative law looketh both wayes backwards and forwards forward to the time to come and backward to the time past Again the very from and tenour of the words is not the same in an Enactive Statute and in a Declarative Statute An Enactive Statute regardeth onely what shall be but a Declarative regardeth what is and what hath been an Enactive Statute createth new Law by the authority of the present Lawgiver a Declarative Statute cōfirmeth old Law and is commonly grounded upon the Fundamentall Constitution of the Kingdome Now then let us take a view of this very Law By divers old authētick histories and Chronicles it is manifestly declared that this realm of England in an Empire and so hath been accepted in the world governed by one supreme head and King c. unto whom a body Politick compact of all sorts and degrees of people divided by names of Spiritualty and Temporalty owe next to God a naturall obedience he being instituted by the goodnesse of God with plenary power to render finall justice for all matters You see plainly that this Statute looketh both wayes forward and backward and doth not onely create new Law but also declare what hath been what is and what ought to be the perpetuall Law of England By diverse old authentick Histories and Chronicles it is manifestly declared c. then it is manifest that this is a declarative Law He saith I quote the Schismaticall King himself and the Schismaticall Parliament to speake in their own behalf By his leave he is mistaken I ground not my reason upon the Authority of the King and Parliament but upon the form or tenour of the Statute whether these words doe contain the form of an Enactive Statute or a Declarative Statute Secondly if I did so yet he hath no reason to complain of it who maketh the Pope and his Councell to be the last Iudge in his own case Thirdly I shall be bold to scrue up this pin a note higher and tell him that if Henry the eight did make himself the last Iudge in those differences between him and the Papacy which concerned the Church and Kingdome of England he did no more then many other Christian Kings and Princes have done before him as I have shewed in the Empire Spain Italy Brabant c. Fourthly if that which was decreed in this Law was decreed in former Lawes standing in full force and unrepealed then it is not Enactive of new Law but Declarative of old Law but I have produced him the Lawes themselves wherein the self same things have been decreed and he turneth his back upon them and referreth us to the Canonists for an answer Lastly it is so far from being true that those Statutes made by Henry the eighth were new Lawes tha◠those ancient Statutes of Clarendon of Carlile the Articles of the Clergy the Statutes of Provisors were no new Lawes when they were made but new declarations of the Fundamētall Lawes of England or of the Originall Constitution of the English Empire as appeareth undeniably by the Statutes of Clarendon the Statute of Carlile and the Statutes of Provisors wherein the same truth is affirmed as positively as I can do it But now Reader wilt thou see a convincing proofe of the extreme carelesnesse and unconscionable oscitance of this great Champion who writeth his answers at Randome and never so much as readeth what is objected against him I cited two Statutes the one of 24. Hen. 8. cap. 12. the other of 16 Ric. 2. cap. 5. The Printer citeth them right i◠the margent but a little confusedly but when Mr. Serjeant commeth to answer them he confoundeth them indeed attributing Richard the seconds Statute to Henry the eighth And lest any man should excuse him and say it was the fault of the Printer heare him he alledgeth another Statute made in the 24. of Henry the 8 Yes well guessed otherwise called the 16. of Richard the second And a little after what maters it what this Statute sayes being made two yeares after his unlawfull marriage with Anna Bullen I know not where he learned this except it was from the old Puppet player who would have Queen Dido to be Richard the thirds Mistresse he might perchance have such another odde Fancy that Richard the second was Anne Bullens Servant That which I observe in earnest is this that he answereth at Random to he knoweth not what and never peruseth that which is objected against him If it had been some rare piece that was cited that he could not have come by it it had bene the more pardonable but it is an English Statute which he might have found in every Bookebinders Shop in every Lawiers Study in every Iustice
Councell then there will need no turning out Secondly he objecteth So a man may reject all Government of the Church the Procession of the Holy ghost all the Sacraments all the Scriptures and yet continue a Member of Gods Church Why so When I said the Creed was a â—ufficient Rule of Faith or Credendorum of things to be believed I neither said nor meant that it was regula agendorum a Rule of such things as are to be practised such as the Acts of discipline and of the Sacraments are The Creed conteined enough for Salvation touching the Procession of the Holy Ghost before the words Filioque were added to it and there is great cause to doubt that the Contentions of the Eastern and Western Churches about this Subject are but a meer Logomachy or strife about words The Scriptures and the Creed are not two different Rules of Faith but one and the same Rule dilated in the Scripture contracted in the Creed the end of the Creed being to contein all Fundamentall points of Faith or a summary of all things necessary to Salvation to be believed Necessitate medii But in what particulaâ— writings all these fundamentall points are conteined is no particular fundamentall Article it self nor conteined in the Creed nor could be conteined in it since it is apparent out of Scripture it self that the Creed was made and deposited with the Church as a Rule of Faith before the Canon of the new Testament was fully perfected Arrians and Socinians may perhaps wrest the words of the Apostles Creed to their Hereticall Sense but not as it is explained by the first foure Generall Councells which all Orthodox Christians doe admit He saith they and we differ about the sense of two Articles of the Creed that is the descent of Christ into Hell and the Catholick Church but setteth not down wherein we differ He hath reason to understand our Differences having been of both Churches but I for my part do rather believe that he understandeth neither part right Howsoever it be the Different Sense of an Article doth make an Heretick after it is defined by the Vniversall Church not before He saith he hath already shewed in the foregoing Section that the Protestant Grounds have left no Order and Subordination of Vniversall Government in Gods Church But he hath neither shewn it in the foregoing Section nor any where else nor is able to shew it We have the same subordination that the Primitive Church of Inferiour Clergy men to Bishops of Bishops to Archbishops of Archbishops to Patriarchs and of Patriarchs to a Generall Councell or as Generall as may be Let him shew any one linke of this Subordination that we have weakened I said we acknowledge not a Virtuall Church or one man as infallible as the Vniversall Church He rejoineth Nor they neither I wish it were so Generally but the Pope and Court of Rome who have the power of the Keys in their hands whoÌ„ onely we accuse in this behalf do maintain the Contrary that a Generall Councell without the Pope may erre that the Pope with any Councell Generall or particular cannot erre that the infallibility of the Church is radicated in the Pope by virtue of Christs prayer for S. Peter that his faith should not faile not in a company of Counsailers nor in a Councell of Bishops that the Pope cannot define temerariously in matters of Faith or good manners which concern the whole Church What a Generall Councell is and what the Vniversall Church is and who ought to be excluded from the one or the other as Hereticks I have shewed already namely all those and onely those who doe either renounce their Creed the badge of their Christianity the same Faith whereinto they were baptised or who differing about the sense of any Article thereof have already been excluded as Hereticks by the sentence of an undoubted Generall Councell Howsoever he sleighteth the Controversies which they have among themselves concerning the last resolution of Faith as if they were of no moment yet they are not of so little concernment to be so sleighted What availeth it to say they have the Church for an infallible Iudge whilest they are not certain or do not know what the Church is or who this infallible Iudge is May not a Man say unto them as Elijah said unto the Israelites Why halt ye between two Opinions Or rather why halt yet betwixt five or six Opinions If the Pope alone be infallible Iudge follow him If a Generall Councell alone be this infallible Iudge follow it If the Essentiall Church be the infallible Iudge Adhere to it If the Pope and a Generall Councell oâ— the Pope and a particular Councell or the Pope and his Conclave of Cardinalls be this infallible Iudge follow them He telleth us that their Vniversall Church is as Visible as the sun at Noone day to wit those Countryes in Communion with the See of Rome Without doubt they are Visible enough but it is as Visible that they are not the Vniversall Church What shall become of all the rest of the Christian world They are the elder Christians and more numerous fower for one both Patriarchs and people It is against reason that one single Protopatriarch should cast out fower out of the Church and be both party and Iudge in his own Cause But here it ends not If the Pope will have his Visible Church to be one Homogeneous body he must cast out a great many more yet and it is to be suspected this very Dispatcher himself among the rest for all his shewes They flatter the Pope with Generall Terms of Head and Chief Governour and First Mover which signify nothing but in reality they would have the Pope to be no more then the Duke of Venice is in the Venetian Common wealth that is lesse then any single Senatour Or that which a Generall Maister is in a Religious Order Above all Priours and Provincialls but subject to a Congregation Generall Wherein doe these men differ from us Sect. 8. That all Princes â—nd Republiques of the Roman Communion doe in effect the same thing whicâ— Henry the eighth did when they have Occasion or at least doe plead for it This was the Title and this was my scope of my Fifth ground which I made good by the Lawes and decrees of the Emperours with their Councells and Synods and Electorall College by the Lawes of France the Liberties of the Gallican Church the Acts of their Parliaments and declarations of their Vniversities By the practise of the King of Spain his Councells his Parliaments in Sicily in Castile in Brabant and Flanders By the sighs of Portugall and their bleaâ—ings and the Iudgement of the Vniversity of Lisbone By the Lawes and Proclamations of the Republick of Venice This I made good in every particular branch of Papall power which we have cast out of England the Patronage of the English Church The right to call and confirm Synods to conferre Bishopricks to
SCHISME GARDED and beaten back upon the right owners Shewing that our great controversy about Papall power is not a quaestion of faith but of interest and profit not with the Church of Rome but with the Court of Rome wherein the true Controversy doth consist who were the first innovators when and where these Papall innovations first began in England with the opposition that was made against them By JOHN BRAMHALL D. D. Bishop of Derry Act. 25. 10. I stand at Caesars judgmēt seate where I ought to be judged Psalm 19. 2. Dies diei eructat verbum nox nocti indicat scientiam GRAVENHAGH Imprinted by JOHN RAMZEY Anno M.DC.LVIII To the CHRISTIAN READERS especially the Roman-Catholicks of England CHristian Reader the great Bustling in the Controversy concerning Papall power or the discipline of the Church hath been either about the true sense of some Texts of holy Scripture As thou art Peter and upon this rocke will I build my Church and to thee will I give the Keies of the Kingdome of heaven and feed my sheepe Or about some privileges conferred upon the Roman See by the Canons of the Fathers and the Edicts of Emperours but praetended by the Roman Court and the mainteiners thereof to be held by divine right I ēdevour in this Treatise to disabuse thee and to shew that this challenge of divine right is but a Blind or Diversion to withhold thee from finding out the true State of the Quaestion So the Hare makes her doubles and her iumpes before she come to her Forme to hinder Tracers from finding her out I demonstrate to thee that the true controversy is not concerning St. Peter we have no formed difference about St Peter nor about any point of faith but of interest and profit nor with the Church of Rome but with the Court of Rome and wherein it doth consist namely in these quaestions VVho shall conferre English Bishoprickes who shall convocate English Synods who shall receive tenths and first fruites and Oathes of Allegiance and Fidelity VVhether the Pope can make binding Lawes in England without the consent of the King and Kingdome or dispense with English Lawes at his owne pleasure or call English Subjects to Rome without the Princes leave or set up Legantine Courtes in England against their wills And this I shew not out of the opinions of Particular Authors but out of the publick Lawes of the Kingdome I prove moreover out of our fundamentall Lawes and the writings of our best Historiographers that all these branches of Papall power were abuses and innovations and usurpations first attempted to be introduced into England above eleven hundred yeares after Christ with the names of the Innovators and the praecise time when each innovation began and the opposition that was made against it by our Kings by our Bishops by our Peeres by our Parliaments with the groanes of the Kingdome under these Papall innovations and extortions Likewise in point of doctrine thou hast been instructed that the Catholick faith doth comprehend all those points which are controverted betvveene us and the Church of Rome vvithout the expresse beliefe vvhereof no Christian can be saved vvhereas in truth all these are but opinions yet some more dangerous then others If none of them had ever bene started in the vvorld there is sufficient to salvation for points to be believed in the Apostles Creed Into this Apostolicall faith professed in the Creed and explicated by the foure first Generall Councells and onely into this faith vve have all been baptised Farre be it from us to imagine that the Catholick Church hath evermore baptised and doth still baptise but into one half of the Christian faith In summe doest thou desire to live in the Communion of the true Catholick Church So do I. But as I dare not change the cognisance of my Christianity that is my Creed nor enlarge the Christian faith I meane the essentialls of it beyond those bounds vvhich the Apostles have set So I dare not to serve the interest of the Roman Court limit the Catholick Church vvhich Christ hath purchased vvith his blood to a fourth or a fifth part of the Christian vvorld Thou art for tradition So am I. But my tradition is not the tradition of one particular Church contradicted by the tradition of another Church but the universall and perpetuall tradition of the Christian vvorld united Such a tradition is a full proofe vvhich is received semper ubique ab omnibus alvvaies every vvhere and by all Christians Neither do I looke upon the oppositiō of an handfull of Heretickes they are no more being compared to the innumerable multitudes of Christians in one or two ages as inconsistent vvith universality any more then the highest mountains are inconsistent vvith the roundnesse of the earth Thou desirest to beare the same respect to the Church of Rome that thy Ancestours did So do I. But for that fullness of power yea coactive power in the exteriour Court over the subjects of other Princes and against their vvills devised by the Courte of Rome not by the Church of Rome it is that pernicious source from vvhence all these usurpations did spring Our Ancestours from time to time made Lavves against it and our reformation in pointe of discipline being rightly understood vvas but a pursueing of their steppes The true controuersy is vvhether the Bishop of Rome ought by divine right to have the externall Regiment of the English Church and coactive jurisdiction in English Courtes over English Subjects against the vvill of the King and the Lavves of the Kingdome SCHISME GARDED and beaten back upon the right owners Or A cleare and CIVIL ANSWER to the railing accusation of S. W. in his late Booke called SCHISME DISPAT'CHED Whatsoever S. W. alias Mr. Serjeant doth intimate to the contrary for he dare not cough out it is a most undeniable truth that no particular Church no not the Church of Rome it self is exempted from a possibility of falling into errours in faith When these errours are in Essentials of faith which are necessary to salvation necessitate medii they destroy the being of that Church which is guilty of them But if these errours be in inferiour points such as are neither absolutely necessary to Salvation to be known nor to be believed before they be known such an Erroneous Church erring without obstinacy and holding the truth implicitly in praeparatione animi may and doth still continue a true member of the Catholick Church and other coordinate Churches may and ought to maintein Communion with it not withstanding that they dissent in opinion But if one Church before a lawfull determination shall obtrude her own Errours or Opinions upon all other Churches as a necessary condition of her communion or after Determination shall obtrude doubtful opinions whether they be Erroneous or not as necessary Articles of Christian faith and so not onely explain but likewise enlarge the Ancient Creeds she becommeth Schismaticall As on the
fourth Custome was this that when an Arch Bishoprick Bishoprick Abbacy or Priory did fall void the Election was to be made by such of the Principall Dignitaryes or Members of that respective Church which was to be filled as the king should call together for that purpose with the kinges consent in the kings own Chappell And there the person elected was to doe his Homage and Fealty to the King as to his Liege Lord The Pope had no part to Act neither to collate nor consent nor confirm nor Institute nor induct nor ordeine The Second Law is the Statute of Carlile made in the time of Edward the First The summe of it is this That the king is the Founder of all Bishopricks and ought to have the Custody of them in the Vacancyes and the right of Patronage to present to them And that the Bishop of Rome usurping the Right of Patronage giveth them to aliens That this tendeth to the annullation of the State of holy Church to the Disinheriting of Kings and the Destruction of the Realm And they ordained in full Parliament that this is an Oppression that is as much as an entroachment or Vsurpation and should not be suffered The third law was made in the 15th yeare of Edward the third called the Statute of Provisors wherein they affirm that Elections were First granted by the Kings Progenitors upon a certain form or Condition to demand Licenfe of the King to chuse and after the Election to have his Royall Assent Which Conditions not being kept the thing ought by reason to resort to his First nature And there fore conclude that in case Reservation Collation or Provision be made by the Court of Rome of any Arch Bishoprick c. Our Soveraign Lord the King and his Heirs shall have and enjoy the Collations for the same time to the said Arch Bishopricks Bishopricks and other dignityes Elective which be of his Aavowre such as his Progenitors had before the free Election was granted They tell the King plainly that the Right of the Crown of England and the Law of the Land is such that the King is bound to make remedyes and Lawes against such mischiefes And they acknowledge that he is Advowée Paramont immediate of all Churches Prebends and other Benifices which are of the Advowry of holy Church That is as much as Soveraign Patron of the Church Where no Election can be made without the Kings Congé d' Estire or leave antecedent nor stand good without his subsequent consent it is all one as if the Crown did Collate I come next to the second Branch of the First Question about the Patronage of the Church Who hath power to Convocate and Dissolve Ecclesiasticall Assemblyes and whether the Crown or the Pope have usurped one upon another in this particular I cannot tell whether Henry the eighth or Paul the third did mistake more about that Aiery title of the head of the english church Henry the eight supposing that the right to convocate and dissolve Ecclesiasticall Assemblyes and to receive Tenths and First fruits did esseÌ„tially follow this Title And Paul the third declaringe it to be Hereticall and Schismaticall To be head of the English Church is neither more nor lesse then our Lawes and Histories ancient and Modern doe every where ascribe to our English Kings To be Governers of Christians To be the Advocates of the Church To be Patrons and Advowées Paramont of all Churches To be Defenders of the Faâ—h there Professed And to use the Words of the Convocation it self Ecclesiae Anglicanae Protectores singulares Vnicos Supremos Dominos The same body may have severall heads of severall kinds upon Earth as Politicall and Ecclesiasticall and then that which takes care of the Archirectonicall end to see that every member doe his Duty is alwayes Supreme That is the Politicall head This truth Cardinall Poole did see clearly enough and reconcile the seeming difference by distinguishing between a Regall head and a Sacerdotall head This truth the French Divines see wel enough and doubt not to call their King the Terrene head of the Church of his Realme without attributing to him any Sacerdotall right Wee had our Sacerdotall heads too in EnglaÌ„d without seeking for theÌ„ so far as Rome As the Archbishop of Canterbury in the Reigns of our English Monarchs who of old was Nullius unquam Legati ditioni subjectus Never subject to the Iurisdiction of any Legate When the Pope sent over Guy Archbishop of Vienna into England as his Legate throughout Britaigne for the Apostolicall See It was received with wonder and Admiration of all men Inauditum scilicet in Britannia cuncti scientes quemlibet hominum super se vices Apostolicas gerere nisi solum Episcopum Cantuariae All men did know that it was never heard in Britagne that any Man whatsoever had Apostolicall power over them but onely the Archbishop of Canterbury And accordingly the new Legate did speed so it followeth Wherefore as he came so he returned received as Legate by no man nor having exercised any part of his Legantine power This was the ground of that Letter of the English Bishops to the Pope That the Church of Canterbury might not be deprived of its dignity in his times and that he would neither Diminish it him self nor suffer it to be diminished As appeareth by the Popes acknowledgment in his answer But to come up close to the Difference The Question is not whether â—he Bishop of Rome have Authority to call Synods He is a Bishop a Metropolitan a Patriarch a Prince in his own Dominions As a Bishop he may Convocate his Diocesse As a Metropolitan his Province As a Patriarch his Patriarchate under the pain of Ecclesiasticall Censure more or lesse compulsory according to that Degree of Coactive power which hath been indulged to him in these Distinct Capacities by former Soveraigns And as a Prince he may convocate his Subjects under Politicall paines The more these two powers are united and complicated the more terrible is the Censure And therefore our kings would have their Bishops denounce spirituall paines also against the Violaters of their great Charters Spirituall paiues are more heauy then Politicall but Politicall most commonly are more speedy then Spirituall And more certain Spirituall paines doe not follow an erring Key but Politicall doe Neither will I dispute at praesent whether the Bishop of Rome by his reputed Primacy of Order or Beginning of Unity may lawfully call an Oecumenicall or Occidentall Councell by power purely Spirituall which consists rather in Advise then in Mandates properly so called or in Mandates of Courtesy not Coactive in the Exteriour Court of the Church considering the Division and Subdivision of the ancient Empire and the present Distractions of Christendome it seemeth not altogether in convenient Wee see the Primitive Fathers did Assemble Synods and â—ake Canons before there were any christian Emperours but that was by aurhority meerly spirituall they
no such power in the Pope to absolve Subjects from their allegiance in our Law With us Clergymen did ever pay Subsidies and taxes as well as lay men This is one Liberty which England hath not to admit of the Popes Lawes unlesse they like them A second Liberty of England is to reject the Popes Lawes in plaine termes The Pope made a Law for the Legitimation of Children borne afore Matrimony as well as those borne in Matrimony The Bishops moved the Lords in Parliament that they would give their consent to the Common Order of the Church But all the Earles and Barons answered with one voice that they would not change the Lawes of the Realm which hitherto had been used and approved The Popes legislation could not make a Law in England without the concurrence of the three Orders of the Kingdome and they liked their own old Lawes better then the Popes new Law A Third Liberty of England is to give a legislative Interpretation to the Popes Lawes which the Pope never intended The Bishop of Rome by a constitution made at the Councell of Lions excluded Bigamists men twice Married from the Privilege of Clergy that is that should Marry the second time de futuro But the Parliament made an Act that the constitution should be understood on this wise that whether they were Bigamists before the constitution or after they should not be delivered to the Prelates but Iustice should be executed upon them as upon other Lay people Ejus est Legem Interpretari cujus est condere They that can give a Law a new sense may abrogate it if they please A fourth Liberty of England is to call the Popes Lawes Vsurpations Encroachments Mischiefs contrary to and destructive of the Municipall Lawes of the Realme derogatory to the Kings Regality And to punish such of their Subjects as should pursue them and obey them with Imprisonment with Confiscation of their Goods and Lands with outlawing them and putting them out of the Kings Protection Witnesse all those noble Lawes of Provisors and Premunire Which we may truely call the Palladium of England which preserved it from being swallowed up in that vast Gulfe of the Roman Court made by Edward the first Edward the third Richard the second and Henry the fourth All those Collations and Reservations and Provisions and Privileges and Sentences which are condemned in those Statutes were all grounded upon the Popesâ—Lawes and Bulls and Decrees which our Ancestors entertained as they deserved Othobon the Popes Legate in England by the Command of Vrban the fifth made a Constitution for the endowment of Vicars in Appropriations but it prevailed not whereas our Kings by two Acts of Parliament did easily effect it No Ecclesiastical Act is impossible to them who have a Legislative power but many Ecclesiasticall Acts were beyond the Sphere of the Popes Activity in England The King could make a spirituall Corporation but the Pope could not The King could exempt from the Iurisdiction of the Ordinary but the Pope could not The King could Convert Seculars into Regulars but the Pope could not The King could grant the Privilege of the Cistercians but the Pope could not The King could Appropriate Churches but the Pope could not Our Lawes never acknowledged the Popes plenitude of Ecclesiasticall power which was the ground of his legislation Euphemius objected to Gelasius that the Bishops of Rome alone could not condemne Acatius ab uno non potuisset damnari Gelasius answered that he was condemned by the Councell of Chalcedon and that his Predecessor was but the Executor of an old Law and not the Author of a new This was all the ancient Bishops of Rome did challenge to be Executors of Ecclesiasticall Lawes and not single Law makers I acknowledge that in his Epistle to the Bishops of Dardania he attributeth much to the Bishops of Rome wich a Councell but it is not in making new Lawes or Canons but in executing old as in the case of Athanasius and Chrysostome The Privileges of the Abby of Saint Austin in EnglaÌ„d granted by the Popes were condemned as null or of no validity because they were not ratified by the King and approved by the Peers William the Conquerer would not suffer any man within his Dominions to receive the Pope for Apostolicall Bishop but by his command nor to receive his letters by any meanes â—nlesse they were first shewed to him It is â—ikely this was in a time of Schisme when there were more Popes then one but is sheweth how the King did interest himself in the affaires of the Papacy that it should have no further influence upon his subjects then he thought fit He who would not suffer any man to receive the Popes letters without his leave would much less suffer them to receive the Popes lawes without leave And in his prescript to Remigius Bishop of Lincolneâ— know ye all Earles and Viscounts that I â—ave judged that the Episcopall or Ecclesiasticall lawes which have bene of force untill my time in the Kingdome of England being not well constituted according to the praecepts of the holy Canons should be amended in the common assembly and with the Counsaile of my Arch-Bishops and the rest of the Bishops and Abbats and all the Princes of my Kingdome He needed not the helpe of any forreine Legislation for amending Ecclesiasticall Canons and the externall regiment of the Church Now let us see whether the Libertyes of France be the same with our English Privileges The second Liberty is this The Spirituall Authority and power of the Pope is not absolute in Franee if it be not absolute then it is not singly Legislative but limited and restreined by the Canons and ancient Councells of the Church If it be limâ—ted by Ancient Canons then it hath no power to abrogate Ancient Canons by new Canons Their ancient Canons are their Ecclesiasticall Lawes as well as ours and those must be received in that Kingdome They may be excellent Advisers without reception but they are no Lawes without publick reception Canons are no Canons either in England or in France further then they are received The third Liberty is No Command whatsoever of the Pope Papall decrees are his chief Commands can free the French Clergy from their Obligation to obey the Commands of their Soveraign But if Papall power could abrogate the ancient Lawes of France it did free their Clergy from their Obedience to their Soveraign Prince The sixteenth Liberty is The Courts of Parliament have power to declare null and voide the Popes Bulls wheÌ„ they are found contrary to the Liberties of the French Church or the Prerogative Royall The twentieth Liberty The Pope cannot exempt any Church Monastery or Ecclesiasticall Body from the jurisdiction of their Ordinary nor erect Bishopricks into Arch Bishopricks nor unite them nor divided them without the Kings license England and France as touching their Liberties walk hand in hand To conclude the Popes
which ought to have been done in a Legall Appeale But the successe was so contrary to the Popes Interest and the Resolution of the King Church and Kingdome of England so unanimous That they could not assent to the Popes Legation because it was against reason that a person twice condemned by the whole Councell of the English should be restored upon the Popes Letter that England was never troubled with any more appeales to Rome untill after the Conquest Neither Durst the Pope send any Bulls or Mandates then but a plain Letter The next Appellant was Anselm a Stranger who knew not the liberties of England in the Dayes of Henry the first as succeslesse as Wilfrid had bene Will you trust the Testimony of a King And I know not why a King should not be trusted for the Customes of his own Kingdome Hear King Henry the First the Sonne of the Conquerour It is a Custome of my Kingdome instituted by my Father instituted indeed but not first instituted for it was an old Saxon Custome that no Pope be appealed to without the License of the King Another Law of the same King was By all meanes wee discharge forrain Iudgements If you will not trust the King trust the whole Kingdome upon their Oaths in the Dayes of Henry his Grandchild The First English Custom recited in the Assise of Clarendon is this That all Appeales in England must proceed regularly froÌ„ the Archdeacon to the Bishop from the Bishop to the Arch Bishop and if the Arch Bishop failed to doe Iustice the last coÌ„plaint must be to the King to give order for redresse If wee will not trust the King and Kingdome Yet lâ—t us trust the Pope him self thus Paschal the secoÌ„d writeth to our Henry the first The Popes Nuncioes and Letters doe find no reception within thy Iurisdiction There are no Complaints from those parts no Appeales are destined to the Apostolick See The Abbat of Thorney found this true by experience who lay long in prison notwithstanding his Appeale to Rome The Case is so plaine that I shall not cite one Authority more in it but onely one of our Statute Lawes made not onely by the Assent as is usnall but upon the prayer and grievous and clamorous Complaints of the Peers and Commons That because People are Drawn out of the Realm to answer things the Cognisance whereof belongeth to the Kings Courts and the Iudgements of the Kings Courts are impeached in another Court the Court of Rome to the disinheriting of the king and his Crown and the undoing â—and destruction of the Common Law of the Land Therefore it is ordeined that whosoever shall draw a man out of the Realm in Plea if he doe not appeare upon Summons and conform to the sentence of the kings Court he shall forfeit Lands and Goods be outlawed and imprisoned Against such Fortifications grounded upon Prescription and Imperiall Lawes the Canon of the Councell of Sardica will make no great Battery Take the Councell of Sardica at the best waving all exceptions yet certainly it was no generall Councell If it were it had been one of the four first If it had been a generall Councell it self three succeeding Popes were much to blame to Father the Canons of it upon the first Generall Councell of Nice The Canons of the Councell of Sardica did not bind the Africans of old much lesse bind us now Secondly the Canon of Sardica doth onely give way to Appeales to Rome in cases between two Bishops but the Court of Rome admitteth Appeales from inferiour Clergy men from Lay men from all sorts of men in all sorts of Causes that are of Ecclesiasticall Cognisance Thirdly the Canon of Sardica is a meer permission no precept what may be done in discretion not what ought to be done of necessity it was proposed with a Si vobis placet If it please you and the ground of it is a Complement Let us honour the Memory of S. Peter Fourthly There is one great Circumstance in our Case which varieth it quite from that proposed by Osius to the Sardican Fathers that is that our King and the Lawes of the Realm do forbid Appeales to Rome If there had been such an Imperiall Law then doe wee thinke that the Fathers of Sardica would have been so disloyall or so simple to thinke to abrogate the Imperiall Lawes by their Canons which are no Lawes but by the Emperours Confirmation No the Fathers of that Age did know their duty too well to their Emperour and if they could have foreseen what avaricious practises and what grosse Oppressions would have sprung in time from this little seed of their Indulgence they would have abhominated them Lastly supposing the Sardican Councell had been of more Authority and the Canon thereof of more Extent then it was and more peremptory and that there had been no such intervening impediment why English Subjects could not make use of that Remedy yet the Councell of Sardica can give but humane right And a contrary Prescription for a thousand years is a sufficient Enfranchisement from all pretence of humane right The second branch of this Vsurpation is as cleare as the former concerning Papall Bulls and Excommunications That by our ancient Lawes they cannot be executed in England without the Kings Leave In the Assise of Clarendon this is found to be one of the ancient Customes of England That none of the Kings Servants or Tenents that held of him in Capite might be excommunicated or their Lands interdicted before the King was made acquainted There was a severe Lawe made in the Reign of the same King If any man be found bringing in the Popes Letter or Mandate Let him be apprehended and let justice passe upon him without delay as a Traitour to the King and Kingdome It seemeth that the first and second Henryes were no more propitious to Rome then Henry the eighth Take one Statute more it was enacted in full Parliament by Richard the secoÌ„d that if any did procure or pursue any such Processesâ—or excommunications in the Court of Rome as are there meÌ„tioned that is concerning presentatioÌ„s to benefices or dignities Ecclesiasticall and they who bring them into the realm or receive them or execute them shall be put out of the Kings protection their Lands Goods and Chattells be confiscated to the King and their Bodies attached They had the same respect for the Popes Bulls as often as they did not like them in Henry the fourths time as wee see by the Statute made against those who brought or prosecuted the Popes Bulls granted in favour of the Cystercians By the Law of England if any man denounced the Popes Excommunication without the assent of the King he forfeited al his Goods And it is recorded in particular how the Kings writ issued out against the Bishops of London and Norwich as being at the Kings Mercy because contrary to the Statute of
Clarendon by the Popes Mandate they had interdicted the Lands of Earl Hugh and had published an Excommunication without the Kings License which the Pope had given out against him All these Lawes continued still in force and were never repealed in England neither before Henry the eighth began the reformation nor since by Queen Mary but have ever continued iu full force untill this day Lastly for Legates and Legantine courts there could be no Appeale in Eugland to any Legate or Nuncio without the Kings leave but all Appeales must be from the Archdeacon to the Bishop from the Bishop to the Archbishop from the Archbishop to the King as we see expresly by the statute of Assise of Clarendon formerly cited The Kings of England did ever deem it to be an unquestionable right of the Crown as Eadmerus testifieth to suffer none to excercise the Office of a Legate in England if the King him self did not Desire it of the Pope upon some great quarrell that could not be so well Determined by the Arch-bishop of Canterbury and the other Bishops Which Privilege was consented unto by Pope Calixius By the Lawes of England if a Legate was admitted of Courtesy he was to take his Oath to doe nothing Derogatory to the King and his Crown Henry the sixth by the counsaile of Humphry Duke of Gloster the Protector protested against Pope Martin and his Legate that they would not admit him contrary to the Lawes and Libertyes of the Realm and dissented from whatsoever he did And when the Pope had recalled Cardinall Pooles Commission of Legate for England and was sending another Legate into England Queen Mary being very tender of her Kinsmans Honour for all her good affection to Rome was yet mindfull of this point of old English Law to cause all the Seaports to be stopped and all Letters Briefs and Bulls from Rome to be intercepted and brought to her Shee knew this was an old English not a new protestant Privilege Neither would she ever admit the new Legate to appeare as Legate in her presence Now let us see how these old English Customes doe agree with the French Liberties The Pope cannot send a Legate a latere into France with power to Reform Iudge Collate dispense except it be upon the desire or with the Approbation of the most Christian King Neither can the Legate execute his Charge untill he hath promised the King under his Oath upon his holy Orders to make no longer use of the Legantine power in the Kings Dominions then it pleaseth him That he shall attempt nothing Contrary to the Liberties of the Gallicane Church And it is lawful to Appeale from the Pope to a future Councell Another Liberty is The Commissions and Bulls of Popes are to be viewed by the Court of Parliament and registred and published with such Cautiōs as that Court shall Iudge expedient A third Liberty is Papall Bulls Sentences Excommunications and the like are not to be executed in France without the Kings command or Permission Lastly neither the King nor his Realm nor his Officers can be Excommunicated nor Interdicted by the Pope And as England and France so all the seventeen Provinces did enjoy the same Privileges as appeareth by the Placaet of the Councell of Brabant dated at Bruxelles May 12 An. 1653. Wherein they declare that it was notoriously true that the subjects of those Provinces of what State or Condition soever that is the Clergy as well as the Laity cannot be cited or convented out of the Land no not before the Court of Rome it self And that the Censures Excommunications c of that Court might not be published or put in execution without the Kings Approbation It seemeth that if the Pope had any judiciary power of old he must seek it nearer Home People had no mind to goe over the Alpes to seek for Justice And that Ordinance of Sainct Cyprian had place every where among our Ancestours Seing it is decreed by all and it is equall and just that every mans cause be heard there where the Crime was committed and a Portion of the Flock is assigned to every Pastor which he may rule and govern and must render an account of his Actions to the Lord It behoveth those whom wee are over not to run up and down nor to knock Bishops who agree well one◠against another by their Cunning and deceitfull Rashnesse but to plead their Cause there where they may have both Accusers and Witnesses of their Crime Vnlesse the Authority of the African Bishops who have Iudged them already seem lesse to a few desperate and lost persons c. To say S. Cyprian meant not to condemne appeales but onely the bringing Causes out of Africk to Rome in the first Instance is a shift as desperate as that of those Fugitives For St. Cyprian telleth us plainly that the cause was already Iudged and sentence given in Africk The first Instance was past and this Canon was made against Appeales out of Africa to Rome Sect I. Cap VIII So from his Iudiciary power I come to Papal dispensations the last of the grosser Vsurpations of the Bishops of Rome Where I have a large Field offered me to expatiate in if I held it so pertinēt to the present Controversy The Pharisees did never dilate their Philacteries so much as the Roman Courtiers did their dispensative power The Pope dispenseth with Oathes with Vowes with Lawes he looseth from Sinnes from Censures from Punishments Is not this a strange Key which can unlock both sinnes and censures and Punishments and Lawes and Oaths and Vowes where there are so many and so different wards It is two to one that it proveth not a right Key but a Picklock Their doctrin of Dispensations was foule enough especially in such cases as concern the Law of God or Nature as Oaths Vowes Leagues Marriages Allegiance For either they make the dispensation to be onely Declarative and then the Purchaser is meerly Cheated who payes his money for nothing Or else they make all Contracts Leagues promises to be but Conditionall If the Pope approve them which destroyeth all mutuall trust and humane Society Or thirdly they make the Popes Dispensations to be a taking away of the matter of the Vow or Oath that is the Promise as if the Papall power could recall that which is past or make that to be undone to day which was done yesterday or that not to be promised which was promised Or lastly they doe dispense with the Law of God and Nature as they doe indeed what soever they pretend to the Contrary or all this kind of dispensations signify nothing But the Practise of Dispensations was much more foule Witnesse their Penitentiary Taxe wherein a man might see the Price of his Sin before hand Their common Nundination of Pardons Their absolving Subjects from their Oaths of Allegiance Their loosing of Princes from their solemne Leagues of Married people from the Bonds of
he peradventure never read it But what doth he thinke of the Councells of Constance and Basile who professe themselves every where to be qualified to reform the Church tam in Capite quam in membris as well in the head as in the members They escape fairly if he doe not censure them as Protestants for they were great Reformers and they were no great Papists placing the Soveraign power under Christ in the Church and not in the first Mover I might well call the Reformation in Henry the eights time their Reformation the Papists Reformation rather then ours if the Reformers were more Papists then Protestants as it most evident I pressed him that if the Renunciation of the Bishop of Romes absolute vniversall Monarchy by Christs own Ordination be the essence of a Protestant then the Primitive Church were all Protestants He answereth it is flatsy false I am contented to be silent for the present but when time serveth it may be made appeare to be flatly true and that all that the Primitive Fathers did attribute to the Bishop of Rome was no more them a Primacy of Order or beginning of Vnity and that an absolute Monarchy by Christ Ordination is absolutely repugnant to the Primitive Discipline I proceeded then all the Graecian Russian Armenian Abyssen Christians are Protestants this day He answereth that it it is partly true and partly false and serveth onely to prove that the Protestants have fellow Schismaticks And why partly true and partly false when all the world seeth that all these Churches doe disown and disclaime the Popes Monarchy This is just the old condemned Tenet of the Schismaticall Donatists who did most uncharitably limit the Catholick Church to their own Party excluding all others from hope of Salvation as the Romanists doe now The best is we must stand or fall to our owne Master But by this means they have lost one of the notes of their Church that is multitude for they exclude three or four times more Christians out of the Communion of the Catholick Church then they admit into it I proceeded yet higher then we want not store of Protestants even in the bosome of the Roman Church it self His answer is that to speake moderately it is an impudent falshood and a plain impossibility for whosoever renounceth the Substance of the Popes Authority and his being head of the Church becomes totally disunited from the Church Good words His groundworke is to weake to support the weight of such an heavy accusation A Primacy of Order implyeth an headship as well as Supremacy of power neither is it destitute of all power It hath some power essentially annexed to it to congregate sub paena purè spirituali to propose to give sentence according to the votes of the College It may have an accessary power to execute the Canons according to the Constitutions of Councells and Imperiall Sanctions and Confirmations But all this commeth far short of that headship which he asserteth a Soveraign Monarchicall Headship of absolute power above the whole Church by Christs Ordination This is that Headship which he mainteineth against me every where This is that Headship which the Primitive Church never acknowledged This is that Headship which the Grecians Russians Armenians Abyssines and the Church of England renounce at this day This is that Headship which many of his own Communion who live in the bosome of the Roman Church do not believe as the Councells of Constance and Basile and Pisa the Schoole of Sorbon and very many others every where who do all reject it some more some lesse The maine difference and almost the whole difference between him and me is concerning Coactive power in the Exteriour Court over the Subjects of other Princes against their wills this is so far from being vniversaly believed throughout all places of the Roman Communion that it is practically received in few or no places further then it seemeth expedient to Soveraign Princes If the Pope himself did believe that he had such an absolute Soveraignty of Monarchicall power in the exteriour Court by Christs own Ordination to him and his Successors How could he alienate it from his Successors almost wholy to the Princes of Sicily and to their Heirs for ever within that Kingdome Or how could the Princes retein it If the King and Kingdome of France did believe that the Pope had such an absolute Monarchicall power in the Exteriour Court by Christs own Ordination how could the King of France forbid the Popes Legates without his License or restrain their Legantine Commissions by his Parliaments or sweare them to act nothing contrary to the Liberties of the Gallican Church and to cease to execute their Commissions whēsoever the King and Kingdome should prohibit them or reject Papall decrees further then they are received in that Kingdome Or if the Councell of Brabant did believe it how could they forbid the Subjects to repaire to Rome out of their own Country upon the Popes Summons All men know that there is no Privilege or Prescription against Christs own Ordination Qui pauca considerat facile pronunciat This is ever the end of his Contradictions Lastly he Chargeth me for omitting to answer to his reason that the renouncing the Pope is essentiall to Protestantisme Truly I neither did nor do hold it worth answering Cannot he distinguish between the whole Essence of any thing and one Essentiall He might as well affirm that he who believeth but one Article of his Creed is a Christian. This requireth no great skill to explicate it but I have remitted this Controversy to the Reader as fittest for his determination Sect. III. That Henry the 8. made no new Law But onely vindicated the ancient Liberties of England CHristian Reader thou hast seen hitherto how Mr. Serjeant hath failed altogether to make good his pretensions and in stead of those great mountains of Absurdities and falsifications and Contradictions which he promised hath produced nothing worthy of so weighty a cause or an ingenious Schollar but his own wilfull ridiculous mistakes We are now come to his third Section wherein thou maiest see this young Phaeton mounted in his Triumphant Chariot driving the poore Bishop as a Captive before him now expect to see him tumbling down headlōg with a fall answerable to his height of pride and insolence He professeth himself willing to stand to the Award of the most partiall Protestant living who hath so much sincerity as to acknowledge the Suns shining at noone day or that the same thing cannot both be and not be at once If after this lowd confident bragge he be not able to make any thing good that is of weight against me he hath forfeited either his Iudgement or his ingenuity and deserveth not to be a writer of Controversies I need no partiall Iudges but appeale to the indifferent Reader of what communion soever he be he needeth but to compare my Vndication his Answer my Reply his Rejoinder and my
receive Tenths and First fruits and Oaths of Fidelity and concerning the Supreme Legislative Dispensative and Iudiciary power in all things perteining to the Externall Regimeut of the Church To all this neither the Bishop of Chalcedon nor Mr. Serjeant either in his former Answer or in this rejoinder although provoked have offered one word of Answer This Plea doth utterly destroy their pretense of Divine right and of uninterrupted Tradition for all these Branches of Papall power Can any man be so stupid as to Imagin that to be of divine right which was first tacked into the Church with so much Opposition after eleven hundred yeares or that to be grounded upon perpetuall and Vniversall Tradition which hath been opposed in all Ages since it was devised in all places by all sorts of persons Kings and their Parliaments and Councells Synods and Vniversities Divines and Lawiers What shamefull Tergiversation is this which no ingenious Adversary could be guilty of but out of invincible necessity Thus he served me where I produced all our old English Lawes Thus he served me where I produced their own Authours to testify the intolerable extortions and Vsurpatiōs of the Romā Court Thus he serveth me here and in place of so many lawes and Proclamations and Placaets and Synodall Acts and Iudgements of Vniversities he shuffleth in so many of his fiddle-faddle Contradictions which are not all worth a deafe Nut. If it were not that I have proceeded so far already and Toto devorato Bove turpe est in Cauda deficere I would not Vouchsafe to answer them but with Contempt Thus he begins Nine or ten self Contradictions in one Section He speaketh modestly if there be one there are nine hundred This word in effect saith he deserves a Comment It hath a Comment wherein his feigned Contradictions were satisfyed before they were hatched by him the more uningenuous person he to take no notice of it He may find it in my reply to the Bishop of Chalcedon cap. 7. s. 2. pa. 243. Other Princes of the Roman Communion have made lawes as well as we to renounce and abrogate all those branches of Papall Authority which we cast out that is onely Papall Vsurpations but neither they nor we ever defined against Essentiall right We deny not to the Pope a Superiority of Order above the Archbishop of Canterbury but we deny him a Superiority of power in the Exteriour Court that is we deny him the supreme Iudiciary Power so did they King Henry the eighth abolished the Iurisdiction of the Bishop of Rome within his Dominions but the Emperours did not so If they did not so yet if they pleaded for it or justified it it is as much as I said And if they did it by parcells as I have shewed they did though they did it not in grosse it is the same thing in effect Our Ancestours threatned the Pope to make a wall of Separation between him and them not by making a new Law for it was the Common Law of England but by declaring the Law by executing the Law And though they had threatned him to make one generall Law against all his Vsurpations in grosse yet formerly having made single Lawes against the same in particular it was but the same in effect This sucking Contradiction hath been answered sufficiently in the last Section He saith our Controversy is not about the extent of Papall Power but about the right it self The just Contrary is true Our Controversy is onely about the extent of Papall Power or about those particular Branches of Papall power which we have cast out He loves to hover in Generalls but we shall bring him willingly or against his will to descend to particulars He taketh notice here of my complaining that they answer not particulars and I assure the Reader that if their cause would have born it they would have answered them Observe but how tame he is upon this Provocation that useth to be so fierce without any Provocation All the Answer it doth extort from him is Was ever man so ignorant of the common Lawes of Disputing Needs any more answer to be given to particulars which one yields to then to say he grants them If he be over much acquainted with the Lawes of disputing Reddat mihi Minam Diogenes Let him who tanght me Logick give me my Money again But it is well we have his Concedo omnia c We grant all his particular Instances of these Contests between Kings and Popes Yet not so very well neither for what he granteth with one hand he taketh away with the other Not entring into that dispute how farre they were done Iustly how farre unjustly which is little to our purpose since the Authority it self is acknowledged on both Sides It is little to their purpose indeed but it is much to ours Is the Papall Power acknowledged where the Popes Soveraign Power his Legisllative power his Iudiciary Power his dispensative power are all opposed Much good may his dry Papacy as he pleaseth to call it sometimes do him In every one of these Instances besides meer matter of Fact there is an Inference to matter of right The Common Lawes of Disputing require that he should have answered that as well as granted the other If his Dispatches be such as this he may dispatch more answers in a day then St. Austin could have made Oppositions in a yeare When I said what is the Ground of his Exception Nothing but a Contradiction he urgeth that I make account a Contradiction is a matter of nothing No but I meant that his vain Objecting of Imaginary Contradictions is a matter of nothing Twenty of them will not amount to one Fleabiting and I shewed him that this ridiculous Contradiction which he bringeth here is such an one The pretended Contradiction is this that their Doctrin concerning the Pope is injurious to Princes and prejudices their Crownes and yet that they hold and doe the same in effect against the Pope that Protestants doe A doughty Contradiction both parts are as true as can be referendo singula singulis referring what I said to the right Subject as I applied it The Doctrin of the Pope and Court of Rome is injurious to Princes of whom I speake expresly and no others and yet soveraign Princes and their Councells have held and done the same things against the Pope in effect that Protestants doe Iust such another Contradiction as this The Guelphes are for the Pope against the Emperour yet the Gibellines are for the Emperour against the Pope and both Factions Roman Catholicks Thus he changeth Subjects and Predicates and times and respects and all Rules to make a Contradiction But his defence is more ridiculous then his pretended Contradiction That the substance of the Popes Authority is the point which belongs to me to impugn So the Contradiction lieth not in what I did say but what I should have said or rather what he would have had me to have said
His Friend Possivine calls him a Virulent Adversary and if ever Mr. Serjeant read him throughly it is ten to one he will change his note Thus much for my Communion with the Eastern Churches it is the same with the Southern and Northern Churches all which doe plead better Tradition then himself Whereas he saith that my Assertion that the Creed conteined all points necessary to be believed is grounded onely upon my falsifying of the Councell of Ephesus he bewrayeth his ignorance both in the Fathers and in his own Authours The Scripture is none of those particular Articles which are necessary to Salvation to be believed but it is the Evidence whereby those Articles are revealed and wherein they are comprehended The Creed was composed before the Canon of Scripture was perfected They have not onely changed from their Ancestours in Opinions but they have changed their own Opinions into necessary Articles of Faith which is worse I denied that the Councell of Trent was a Generall Councell as wanting the requisite Conditions of a Generall Councell which they themselves judge to be necessary The summons ought to have been generall but it was not The great Patriarchs ought to have been present but they were not neither the Patriarchs of Constantinople Alexandria Antioch and Hierusalem nor any of them nor yet the Patriarchs of Armenia Abissina Mosco Mussall c. nor any of them He answereth they had no right to be summoned thither unlesse to be called to the Barre as Delinquents nor to sit there nor are to be accounted Christians It had need to be a large Barre indeed to hold them all Was it ever heard before that a fifth part of a Councell did call foure parts to the Barre Their Ancestours had right to be summoned to a Generall Councell and to sit and vote there as well as the best how have their posterity lost this right Had they been heard and condemned in a Generall Councell No. But he urgeth what need hearing when themselves in the Face of the whole world publickly confessed and maintaine their imputed fault How what needed hearing O Iust Iudge He that giveth a right Sentence yet if he give it without hearing is an unrighteous Iudge They confessed their imputed Fault but did they confesse it to be a Fault No I warrant you he can not say it for shame Or how should they confesse it in the Face of the whole Christian world They are the Christian world themselves and your Roman world is but a Microcosme in comparison of them The case is so evident and notorious that no man can doubt of it The Continent hath not left St. Peters Boat but St. Peters Boat hath left the Continent The Innovation or swerving from Apostolicall Tradition was not in the Christian world but in the Court of Rome who would have advanced their Aristocraticall power to a Soveraign Monarchicall power but the Christian world would not give way to it if this were an errour in them all their Ancestours were guilty of it as well as they But the Court of Rome being conscious to themselves that they were the Innovators to free themselves from feare of being censured by the Christian World adventured to give the first blow by censuring the whole Christian world it self This was a Bolder Act then that of Pope Victor which Irenaeus misliked so much He will never leave his Socraticall manner of disputing by Questions what certain Rule have we to know what Sects are of she Church Although I needed not yet I have answered this demand formerly All those are of the Church who weare the Badge and Cognisance of Christians that is the Apostles Creed as it is explicated by the foure first Generall Councells as all those Churches doe and have not been cast out of the Church by the Sentence of a Generall Councell as none of these Churches have no nor yet by the Sentence of the Roman Church it self if we may trust the Bishop of Chalcedons Survey cap. 8. Neither doth the Roman Church excommunicate all the Christians of Affrick Asia Greece and Russia but onely such as doe vincibly or sinfully erre He addeth that there are innumerable who are not formall Hereticks but onely Hereticis Credentes These continue good Christians still and are Churches still and ought not to be excluded froÌ„ Generall Councells though supposed to be materially in an errour much lesse being innocent and in no Heresy or Schisme either formall or Materiall I pleaded that though it were true that all the other Patriarchs were such Materiall Hereticks yet of all others they ought especially to have been summoned The reason is evident because they that are sick have more need of the Physitian then they that are in health Hence he inferreth that it is more necessary that Hereticks be called to a Generall Councell then Orthodox Fathers Not so both are necessary the one to Cure the other to be cured but the especiall Consideration or end of a Councell is for those that erre that they may be reduced I said the Pope hath not that Authority over a Generall Councell that the King hath over a Parliament He answereth that he is so plaine a man that he understandeth not what the Authority of King or Parliament signifies I will help him The King may dissolve a Parliament when he pleaseth so may not the Pope a Generall Councell against their wills If the King dye by whose writ it was called the Parliament is dissolved so is not a Generall Councell by death of the Pope The King hath a Negative voice in Parliament so hath not the Pope in a Generall Councell I urged that the Protoâ—patriarchs are not known or condemned Rebells He answereth first this is onely said againe not proved He is alwaies stumbling upon the same Block It doth not belong to me to prove they were not condemned but to himself who accuseth them to shew when and where they where condemned Secondly he answereth that their Errours have been condemned by Councells and for the most part some of their own party being present But the condemning of their errours is no sufficient warrant for the excluding of their persons out of Generall Councells Neither were these Councells Generall Councells or such as had any Iurisdiction over the Protopatriarchs Moreover they condemne Papall Errours as well as he condemneth their Errours whether is more Credit to begiven to the Pope in his own cause charging all the Patriarchs in the world or to all the other Patriarchs in the world unanimously condemning his Vsurpations in the name of the Catholick Church He demands whether there might not be a Parliament of England without having the fifth part of the Members found in that Councell and yet be a lawfull Parliament I think there might if the absence of all the rest proceeded from their own neglect but not if it proceeded from want of Summons as the absence of the Protopatriarchs did He bids me rub up my memory he believes
I will find an English Law that sixty Members is a sufficient number to make a lawfull Parliament I have done his Commands and I know no such law nor he neither and then he must be a very confident man to cite such a Law Perhaps he hath heard of some Ordinance of the House of Commons how many members at the least must be present at doing of some inferiour Acts but neither is this Ordinance an English Law â—or that House an English Parliament He saith I excepted against the superproportioned multitude of Members out of one Province which never lawfull Parliament had Superproportioned indeed where there were double the Number of Italian Bishops to all the other Bishops of the Christian world this is no equall representative and these assembled thither not to dispute as he fancieth vainly but meerly to overvote the Tramontanes A few Bishops had sufficed to relate the Beliefe or Tradition of Italy as well as the rest of the world but that had not sufficed to doe the Popes worke that was to overswey the rest of the Christian world with his Superproportioned multitude of Italian Bishops He saith perhaps I will pretend that had the Catholick Bishops out of their Provinces been there they would have voted against their Fellow Catholicks in behalf of Luther and Calvin which were a wise answer I heed not much what he calleth wise or foolish I doe not onely pretend but I see clearly that If the Bishops of other Countries had been proportioned to those of Italy they had carried the Debate about Residence and the Divine right of Episcopacy and that had done the bâ—sinesse of the Western Church and undone the Court of Rome But he quite omitteth the most materiall part of my Discourse concerning his resemblance between a Parliament and a Generall Councell That the absence of whole Provinces and the much greater part of the Provinces either of England or of Christendome for want of due Summons doth disable such a Parliament or such a Councell from being a Generall Representative of the whole He might even as well say that an Assembly of the Peers and Burgesses of Wales upon Summons without any appearance or summons of all the rest of the Kingdome of England was a lawfull Parliament of all England as say the Councell of Trent was a Generall Representative of the Christian world which was never summoned I proved that the Councell of Trent was no Generall Councell because it was not Generally received no not among the Occidentall Churches particularly by the Church of France in point of Discipline He answereth that notwithstanding They acknowledge it to be a lawfull Generall Councell and receive it in all Determinations belonging to Faith Adding that the Disciplinarian Lawes of a Generall Councell doe bind particular Countries onely in due Circumstances and according to their Conveniences But the Contrary is most apparent that Councells truly Generall being the Supreme Tribunalls of the Catholick Church doe bind particular Churches as well in point of Discipline as of Faith The Generall Councells of Constantinople and Chalcedon did set the See of Constantinople before AlexaÌ„dria and Antioch And equall it to Rome notwithstanding the Popes Opposition What OpinioÌ„ the King and Church of France had of the Councell of Trent in those Dayes appeareth by the solemne Protestation of the French Ambassadour made in the Councell in the name of his Master and the French Church that seeing all things were done at Rome rather then at Trent and the decrees there published were rather the decres of Pius the fourth then of the Councell of Trent We denounce said he and protest before you all that whatsoever things are decreed and published in this Assembly by the mere will and pleasure of Pope Pius neither the most Christian King will ever approve nor the French Church ever acknowledge to be the decrees of a Generall Councell That the Councell of Trent was not a free Councell I proved first by the Testimony of Sleidan secondly by the bitter complaint of the Fathers in the Councell of Trent that it was guided by the Spirit sent from Rome in a Male thirdly by the Popes creating â—ot onely new Bishops but new Bishopricks in the time of the Councell to make his party able to overvote their Opposers To the first he saith that Sleidan was a notorious lying Authonr of our own side Who fitter to relate the Grievances of the Protestants then a Protestant which he did not say in a Corner but published to the world in print when they might have refuted it if they could To the second he answereth that it was a jeering expression Yes it was biting as well as jeering Ridiculum acri Fortius melius magnas plerumque secat res The French Ambassador whom he thought to passe by in silence did not jeere yet he said the same thing in sad earnest To my third Argument he saith â—t is nothing to the purpose How nothing to the purpose for the Pope when his affaires were going retrograde and his party like to be overvoted to create new Bishopricks to ordaine new Bishops and pack them away presently to the Councell to assist his party and by that means to gaine a plurality of Voices Is this nothing to the purpose in his Opinion It may be he thinkes that Italy had not Bishops enough there yet they had two thirds of the Councell before or that these new Bishops did understand the Tradition and Beliefe of Italy better then all the rest If it be his mind to wave the Popes Patriarchall power I am contented otherwise his proofe will not weigh much unlesse we admit strangers who know little or nothing of our Privileges more then we know the Cyprian Privilege before the Councell of Ephesus to be competeÌ„t judges and will interpret a Western Patriarch to be the onely Patriarch of all the west The Archbishop of Yorke is Primate of EnglaÌ„d and yet all England is not subject to his Iurisdiction Forfeiture and Quitting are two distinct Charges an Office is Forfeited by abuse and quitted by assuming a new Office inconsistent with the former as I have shewed the Papacy and a Patriarchate that is a Soveraign and Subordinate power to be But a Patriarchate and a Bishoprick being both subordinate to a Generall Councell are not inconsistent and much lesse the Office of a King and Master of a Family the one being Politicall the other Oeconomicall But an Vniversall Monarchy by divine right and the Presidency of a Particular Province by Humane right are inconsistent I gave him my reasons for it and he taketh no notice of them He excepteth against my styling Patriarchall Authority a Patriarchall Aristocraticall dignity which he calleth my thrice repeated non sense It is well he did not make it a Contradiction His reason is because a Patriarchaâ—e is a Government by one an Aristocracy by many The answer is Obvious and easy a Patriarch is a Monarch in the Government