Reasons answered the Point argued Retorted p 177 CHAP. XVIII The Vniversal Pastorship its Right Divine or Humane this Civil or Ecclesiastical all examined Constantine King John Justinian Phocas c. p. 182. as to Civil Right CHAP. XIX His Ecclesiastical Right by General Councils the eight first to which he is sworn Justinians Sanction of them Canons Apostol allowed by the Council of Nice and Ephesus p. 190 Sect. 1. Canons of the Apostles p. 194 Sect. 2. 1. General Council of Nice Bellarmine's Evasion p. 195 Sect. 3. Concil 2 gen Constantinop An. 381. p. 196 Sect. 4. Concil Ephesin 3 gen An. 431. p. 197 Sect. 5. Concil Calced 4 gen An. 451. p. 199 Sect. 6. Concil Constantin 2. the fifth gen Council An. 553. p. 202 Sect 7. Concil Constant 6 gen An. 681. v. 685. Concil Nic. 7 gen An. 781. p. 203 Sect. 8 Concil gen â— Constant An. 870. p. 204 Seuen Conclusions from Councils p. 205 Sect. 9. Of the Latine Church the Councils of Constance Basil c. An. 1415. 1431. p. 206 Sect. 10. The Greek Church African Canons Synod Carthag Concil Antiochen the faith of the Greek Church since in the Point p. 208 c. Sect. 11. The Sardican Canons No Grant from their matter manner or Authority No Appendix to the Council of Nice Zozimus his Forgery they were never Ratified nor received as Vniversal and were contradicted by after Councils p. 212 CHAP. XX. The Pope's Title by Divine Right The Question Why not sooner 'T is their last Refuge p. 217 Sect. 1. Whether the Government of the Church be Monarchical Jure Divino Bellarmine Reason Scripture p. 218 Promises Metaphors and Example of the High Priest in Scripture p 221 Sect. 2. Of St. Peter's Monarchy Tâ—â—eâ— Petrus p. 223 Fathers Expressions of it p 228 Fathers corrupted and Council of Calcedon by Thomas p. 230 c. CHAP. XXI Of the Pope's Succession p 237 Sect. 1. Whether the Primacy descended to the Bishop of Rome as such by Succession from Saint Peter Neg. Bellar 28 Prerogatives of Saint Peter personal or false p. 238 239 c. Application of this Section p. 241 By three great Inferences the Pope's Ancient Primacy not that of Saint Peter not Jure Divino not to descend to succeeding Popes Sect. 2. Whether the Pope have Supremacy as Successor to Saint Peter Neg. not Primate as such Peter himself not Supreme the Pope did not succeed him at all p. 244 Sect. 3. Arg. 1. Peter Assign'd it to the Pope answered p. 245 Sect. 4. Arg. 2. The Bishop of Rome succeeded Peter because Antioch did not answered p. 246 Sect. 5. Arg. 3. Saint Peter died at Rome answered question de facto not de fide p. 247 Sect. 6. Arg. 4. From Councils Popes Fathers p. 249 Sect. 7. Arg. 5. For prevention of Schism Saint Hierom. p. 250 Sect. 8. Arg. 6. The Church committed to his care Saint Chrysostom p. 251 Sect. 9. Arg. 7. One Chair Optatus Cyprian Ambrose Acatius ibid. Sect 10. The Conclusion touching the Fathers Reasons why we are not more particular about them A Challenge touching them there cannot be a Consent of the the Fathers for the Papacy as is evident from the General Councils Reasons for it Rome's contradiction of faith the Pope's Schism Perjury c. p. 255 c. The Sum of the whole matter a Touch of another Treatise the material Cause of Separation p. 261 THE POSCRIPT Objections touching the first General Councils and our Arguments from them answered more fully SECT 1. THE Argument from Councils drawn up 't is conclusive of the Fathers and the Catholick Church p. 263 SECT 2. Obj. Touching the Council of Nice answered p. 267 SECT 3. Obj. Touching the Council of Constant Second General p. 269 SECT 4. The third General Council viz. Ephesin p. 272 SECT 5. Of the Fourth Fifth Sixth Seventh Eighth General Councils Binius his quotations of Ancient Popes considered p. 274 Conclusion p. 279 AN APPENDIX A Serious Alarm to all sorts of Englishmen against Popery from Sense and Conscience their Oaths and their Interests p. 281 The Oath of Allegiance and Supremacy p. 289 ERRATA PAge 6. line 7. for and the read and though p. 136. l. 13. add ' t is observed that p. 137. l. 23. blot out and the abundant p. 138. l. 5. add of before the grievances p. 147. l. 17. before the word evacuate add not p. 164. l. 24. for is r. are p. 175. l. 10. for his messenger r. the Popes messenger p. 177. after Sentence add with the Fathers was ever taken p. 205. l. 22. after the word Faith add of the Church p. 213. l. 31. for they r. these Canons p. 227. l 34. for Kingdoms r. the Kingdom p. 235. l. 1. for are r. are not The Printer to the Reader THe absence of the Author and his inconvenient distance from London hath occasioned some lesser escapes in the Impression of this Book The Printer thinks it the best instance of pardon if his Escapes be not laid upon the Author and he hopes they are no greater than an ordinary understanding may amend and a little charity may forgive THE INTRODUCTION The Design The Controversie Contracted into one Point viz. SCHISM THE Church of England hath been long possest both of her self and the true Religion and counts it no necessary part of that Religion to molest or censure any other Church Yet she cannot be quiet but is still vext and clamour'd with unwearied outcries of Heresie and Schism from the Church of Rome provoking her defence The Ball hath been tossed as well by cunning as learned Hands ever since the Reformation and 't is complained that by weak and impertinent Allegations tedious Altercations unnecessary Excursions and much Sophistry needlesly lengthening and obscuring the controversie it is in danger to be lost After so great and so long exercises of the best Champions on both sides 't is not to be expected that any great Advance should be made on either Yet how desirable is it that at length the true difference were clearly stated and the Arguments stript of their said Cumber and presented to us in their proper Evidence and the controversie so reduced that the World might perceive where we are and doubtful inquirers after Truth and the safest Religion might satisfie their Consciences and fix their Practice This is in some measure the Ambition of the present Essay In order to it we have observed that the Shop out of which all the Arms both Offensive and Defensive on both sides are fetched is Schism and the whole Controversie is truly contracted into that one Point which will appear by two things 1. By the State of the allowed Nature of Schism 2. By the Application of it so explain'd CHAP. I. The Definition of SCHISM SECT 1. Of the Act of Schism THat we may lie open to their full Charge we lay the Notion in as great a Latitude as I think our Adversaries themselves would have it
is no such ground of the Popes Authority over us as his Infallibility proved by Scripture or Tradition This proof I think was never yet so much as undertaken and may be expected Hoc opus est 'T is observed by Dr. Stillingfleet that there is but one eminent place in Antiquity produced on their side in the behalf of Traditions and that is out of St. Basil de sp sanc ad Amphilo But the Book with just reason is suspected Three of the Traditions mentioned in the place are the Consecration of the Person to be Baptized the standing at the Prayers until Pentecost and above all the Trine Immersion in Baptism The two first of these are not acknowledged by the present Church of Rome and the last by the very Council of Trent is pronounced not to be of Apostolical Tradition Here is not one word touching any Tradition for the Infallibility of the Church but indeed much reason against it For either the present Church at that time was actually deceived and took that to be Apostolical which was not so or the present Church in the Council of Trent took that not to be Apostolical which indeed was so and was actually deceived in her Judgment and determination to the contrary For those words of that Author parem vim habent ad pietatem unwritten Traditions have equal force to stir up Piety with the written word put the dilemma beyond exception as those known words of Hom. 29. de tri To. 1. the true Basil That it is a manifest falling from the Faith and an Argument of Arrogancy either to reject any point of those things which are written or to bring in any of those things which are not written make it justly suspitious that the Book extolling unwritten Traditions was none of his Bellarmine's three Arguments 1. The Fathers say the sentence of general Councils admits of no Appeal 2. Such as submit not to them are Hereticks 3. Such Sentence is Divine prove their Authority but not their Infallibility and the force of such Sentence is from Scripture Syst fid 1. c. 26. Nu. 2. or Reason or Miracles or approbation of the whole Church as Occham and Santa Clara after St. Augustine affirm Therefore the Fathers generally allow us liberty of examination and derogate Faith from all men beside the Apostles CHAP. XVII Arg. III For Infallibility from Reason 3 Reasons answered Point Argued Retorted 'T Is Confess'd that though Scripture and Tradition prove it not yet if there be indeed any sound Reason which is a kind of divine Law for the Pope's Infallibility that will go a great way But it doubtless ought to be very clear and strong reason that is able to carry it in so great a point without either Scripture or Tradition Let us hearken Perhaps we have Tradition offering its Service R. 1. to Reason in another form and the Argument may stand thus Tradition is Infallible but the Pope in the Church of Rome is the Keeper of Tradition therefore thereby the Pope is Infallible This Argument indeed hath countenance Ans from Antiquity For Iraeneus adviseth his Adversaries who pretended Tradition to go to Rome and there they might know what was true and Apostolical Tradition for there it was preserved But how could that father assure us that Rome would always be a faithful preserver of true Apostolical Tradition What security could he give to after Ages against innovations and additions to Tradition it self in the Church of Rome Remember what hath been said that Tradition can be thought infallible only in the substantials of Religion and consequently cannot protect either it self or the Church from additional errors in other things Besides in the Substantials of Religion the Protestant Churches have the benefit of Tradition as well as the Church of Rome and if that carry Infallibility with it our Church is infallible as well as the Church of Rome and consequently thereby hath a Right to govern it's self But the great Reason always gloried in is Reas 2 from the Wisdom and Prudence of our blessed Saviour who had he not intended to afford the assistance of Infallibility to the succeeding Pastors of his Church to lead them when assembled in a general Council he had built his Church upon the Sâ—nd as A. C. argues with his Grace of Canterbury Admit the necessity of this Assistance to the Ans Pastors of the Church what is this to prove the government of the Church in the Pope because of his Infallibility But if our Saviour should not have assured us that he will thus assist his Church in all Ages as you cannot shew how do you know he hath intended it and how unchristian is your Reason to impeach your Saviour with the inference of Folly and as at other times with Ignorance and imposture if he hath not Take heed hath not our Saviour built his Church upon the Foundation of the Prophets and Apostles and is this Sand in the Roman Sence Is not Christ himself the chief Corner-Stone Is he Sand too Doth not he that keepeth his Sayings build upon a Rock as firm as the decrees of a general Council Where hath our Saviour given us the least intimation that inherent Infallibility is the only Rock to secure the Church from Error Is there not sufficient ground to rely on the Doctrine of Christ had there never been a general Council What was the Church built upon the Sand only before the Council of Nice why did it not then fall in the Storms of Persecution Did not the Apostles commit the doctrine of Christ to writing Is not Tradition the great mean of delivering the Scriptures and all things needful to Salvation by your own Arguments may not the latter be done by Nurses and Tutors c. without a general Council and if there be lesser differences in the Church is the Foundation subverted presently and may not those lesser differences among Christians be healed with Argument or at least quieted and the peace of the Church preserved by the decrees of Councils without Infallibility how unreasonable is it to deny it We grant saith Doctor Stillingfleet Infallibility P. 259. in the Foundation of Faith we declare the owning of that Infallibility is that which makes men Christians the body of whom we call the Church we further grant that Christ hath left in that Church sufficient means for the preservation of it in Truth and Unity but we cannot discern either in Scripture Antiquity or Reason that such Infallibility is necessary for the Churches preservation by the Councils of succeeding Pastors much less a living and standing Infallible Judge as the Head of the Church But they say the Infinite Dissentions and Divisions Object R. 3. amongst those that deny it make this necessary How is it in the Roman Church are there Answ no Divisions there or is the sole Remedy Ineffectual yea are there no differences there about Infallibility it self the Manner and Subject of it are
way vents so wild a notion p. 3. 12. or when that of 25 Hen. 8. 19. was repealed or how they are made less than nothing at this day than they were before since that Statute of limitations as he is pleased to insult He saith They are far from being the Representative Church of England for that the people have not the least Vote in their Election Pray when was it otherwise than 't is now If the Law by Institution make the Clerk a guide to his flock in Spirituals if the people do expresly make choice of him for such or virtually consent in Law he should be so and thereupon the Law allows this Clerk to elect members for the Convocation and also reckons the Convocation to be the Representative Church of England how comes it that Mr. Hickeringill who is so great a stickler for a Legal Religion should be so much wiser than the Law and to scoff at its Constitutions I wish Mr. Hickeringill to beware of touching Foundations with his rude and bold Fancies and disturbing the frame of Government I am sure he will not abide by his own Rule if he be well advised of the manner of Electing the great Representative of the people of England 't is our duty to study to be quiet but some study to be otherwise The wisest word in his Naked Truth is this If men once come to dispute Authority and the wisdom of the Laws and Law-makers the next step is Confusion and Rebellion p. 11. The Conclusion THUS you have a Taste of the Spirit and Sence that runs through the Book called Naked Truth his other little gross mistakes are not worthy observing much less insisting on such as these 1. First That all Archdeaconries have Corpses annex'd which is certainly otherwise in most Archdeaconries in some Dioceses 2. Then that Archdeacons require Procurations when they do not Visit which is not done in some and I hope in no Diocese 3. Lastly That Procurations and Synodals are against Law and not to be recovered by Law or Conscience when he himself confesseth that they are due by ancient Composition That provision notwithstanding his old Canons in Visitations is due for which the money paid for Procurations is paid for them by vertue of that Composition and whereas they are due by undoubted and long possession and Custom which is as Law in England And to conclude are not only expresly allow'd as due but declared to be recoverable in the Ecclesiastical Courts by the Statute of 34 Hen. 8. 19. I have at this time done with his Materials and for the Manner of his Writing let the Sentence of every Reader reproach and shame him I like not the office of Raking Kennels or emptying Jakes and all the harm I return him is to pray heartily for him That God would give him Grace soberly to read over his own Books and with tears to wash these dirty sheets wherein he hath plai'd the wanton and indeed defiled himself more than his own Nest whatever the unlucky Bird intended and that with such a barbarous wit and vile Railery as is justly offensive to God and Man with such wild triumphs of scorn and contempt of his own Order and Office his Betters and Superiors with such a profligate neglect of Government and Peace and of his own Conscience and Law against which he confesseth he still acts yea against his own Interest Safety and his very Reputation For all which Notorious and publick Miscarriages I wish he thought it fit to do publick Penance in another new and cleaner Sheet I have to do with two Adversaries Mr. Hickeringill and Mr. Cary the first wisheth the Church of England had more power than it now hath the other that it had less I presume in the name of the true Sons of this Church that we are very thankful for the power we have by the favour of our gracious King and his good Laws And as we do and always shall acknowledge the Dependance of our Ecclesiastical Jurisdiction upon the Imperial Crown of this Realm So whether it seem good to the King and his High Court of Parliament to augment or lessen it or to continue it as it is we shall still maintain our Loyalty and manifest our duty and chearfully submit our selves But Lord forgive our Enemies Persecutors and Slanderers and turn their hearts THE POSTSCRIPT I Have reserved a few Authorities for the satisfaction of such as have no mind or leisure to read the Book which alone are sufficient to oppose and expose my Adversaries Objections I. Episcopal Government in the Church of England is as Ancient as the Church and at first was subordinate under God only to our Kings without any relation to or dependance on the Pope and declared to be so with the grounds and reasons thereof very early by Edw. 1. and Edw. 3. and so Established by Acts of Parliament Read 25 Edw. 3. the summ is thus Here we have a Recital of the first Statute against Provisors to this effect Whereas the Holy Church of England was founded in the Estate of Prelacy by the Grandfather of this King and his Progenitors c. and by them endowed with great Possessions c. for them to inform the People in the Law of God to keep Hospitality c. And whereas the King and other founders of the said Prelacies were the Rightful Adowers thereof and upon Avoidance of such Ecclesiastical Promotions had power to advance thereunto their Kinsmen Friends and other Learned men of the birth of this Realm which being so advanced became able and worthy to serve the King in Council and other places in the Common-wealth The Bishop of Rome Usurping the Seigniory of such Possessions and Benefices did give the same to Aliens as if he were Rightful Patron of those Benefices whereas by the Law of England he never had the Right Patronage thereof whereby in short time all the Spiritual Promotions in this Realm would be ingrossed into the hands of strangers Canonical Elections of Prelates would be abolished works of Charity would cease the Founders and true Patrons would be disinherited the Kings Council weakned and the whole Kingdom impoverished and the Laws and Rights of the Realm destroyed Upon this complaint it was resolved in Parliament That these Oppressions and grievances should not be suffered in any manner and therefore it was Enacted That the King and his Subjects should thenceforth enjoy their Rights of Patronage that free Elections of Archbishops and Bishops and other Prelates Elective should be made according to the Ancient Grants of the Kings Progenitors and their Founders and that No Provision from Rome should be put in Execution but that those Provisors should be Attached Fined and Ransom'd at the Kings Will and withal imprisoned till they have renounced the benefit of their Bulls satisfied the Party grieved and given sureties not to commit the like offence again II. Before this forementioned Act was made the Spiritual Courts were in Being
CLARIOR E TENEBRIS BEATAM AETERNA CAELI SPECTO ASPERAM AT LEVEM CHRISTI TRACTO In verbo tuo Spes mea MUNDI CALCO SPLENDIDAM AT GRAVEM Alij diutius Imperium tenuerunt nemo tam fortiter reliquit Tarit Histor Lib. 2. c. 47. p. 417. Augustissimi CAROLI Secundi Dei Gratia ANGLIAE SCOTIAE FRANCIAE ET HIBERNIAE REX Bona agere mala pati Regium est Page 1. The Establish'd Church OR A SUBVERSION OF ALL The Romanist's Pleas FOR THE POPE'S SUPREMACY IN ENGLAND Together with A VINDICATION of the present Government of the Church of England as allow'd by the Laws of the Land against all Fanatical exceptions particularly of Mr. Hickeringill in His Scandalous Pamphlet stiled NAKED TRUTH the 2d Part. In Two Books By FRAN. FVLLWOOD D. D. Archdeacon of Totnes in Devon LONDON Printed for R. Royston Bookseller to the King 's most Sacred Majesty at the Angel in Amen-Corner MDCLXXXI REVERENDISSIMO In Christo Patri GULIELMO Archiepiscopo CANTUARIENSI Totius ANGLIAE PRIMATI Regiae Serenissimae Majestatis à Sanctioribus Conciliis FRANCISCVS FVLLWOOD Olim Collegii EMANUEL Apud CANTABRIGIENSES Librum hunc humillimè D. D. D. TO THE RIGHT REVEREND Father in God GEORGE Lord Bishop of WINTON Prelate of the Most Noble Order of the GARTER My very good Lord BLessed be God that I have Survived this Labour which I once feared I should have sunk under and that I live to publish my Endeavours once more in the Service of the Church of England and thereby have obtained my wish'd opportunity to dedicate a Monument of my deep Sence of your Lordship's manifold obligations upon me In particular I rejoyce in the acknowledgment that I ow my Publick Station next under God and His Sacred Majesty to your Lordship's Assistance and Sole Interest though I cannot think so much out of kindness to my Person then altogether unknown to your Lordship as affection and care of the Church grounded in a great and pious intention however the object be esteem'd truly worthy of so Renowned a Prelate and many other waies excellent and admired Patriot of the Church of England If either my former attempts have been anywise available to the weakning the Bulworks of Non-Conformity or my present Essay may succeed in any measure to evince or confirm the Truth in this greater Controversie I am happy that as God hath some glory and the Church some advantage so some honour redounds upon your Lordship who with a virtuous design gave me a Capacity at first and ever since have quickned and animated my Endeavours in those Services I may be permitted to name our Controversie with the Church of Rome the great Controversie For having been exercised in all the sorts of Controversie with Adversaries on the other hand I have found that all of them put together are not considerable either for weight of matter or copiousness of Learning or for Art Strength or Number of Adversaries in comparison of this It takes in the Length of time the Breadth of place and is managed with the Heighth of Wit and Depth of Subtlety the Hills are covered with the Shadow of it and its Boughs are like the goodly Cedars My Essay in these Treatises is to shorten and clear the way and therefore though I must run with it through all time I have reduc'd the place and removed the Wit and Subtleties that would impede our progress I have endeavoured to lop off luxuriant branches and swelling excrescencies to lay aside all personal reflections captious advantages Sophistical and Sarcastical Wit and to set the Arguments on both sides free from the darkness of all kind of cunning either of escape or reply in their plain light and proper strength as also to confine the Controversie as near as I can within the bounds of our own Concern i. e. our own Church And when this is done the plain and naked truth is that the meanest of our other Adversaries I had almost said the silly Quaker himself seems to me to have better Grounds and more like Christian than the glorious Cause of the Papacy But to draw a little nearer to our Point your Lordship cannot but observe that one end of the Roman Compass is ever fixed upon the same Center and the summ of their clamour is our disobedience to the See of Rome Our defense stands upon a twofold Exception 1. Against the Authority 2. Against the Laws of Rome and if either be justified we are innocent The first Exception and the defence of our Church against the Authority of that See is the matter of this Treatise the second is reserved I have determined that all the Arguments for the Pope's Authority in England are reduceable to a five-fold Plea the Right of Conversion as our Apostle the Right of a Patriarch the Right of Infallibility the Right of Prescription and the Right of Universal Pastorship the Examination of them carries us through our Work Verily to my knowledge I have omitted nothing Argumentative of any one of these Pleas yea I have considered all those little inconsiderable things which I find any Romanists seem to make much of But indeed their pretended Right of possession in England and the Universal◠Pastorship to which they adhere as their surest holds have my most intended and greatest strength and care and dilligence that nothing material or seemingly so might escape either unobserved or not fully answered let not the contrary be said but shewn I have further laboured to contract the Controversie two ways 1. By a very careful as well as large and I hope as clear state of the question in my definition and discourse of Schism at the beginning whereby mistakes may be prevented and much of matter disputed by others excluded 2. By waving the dispute of such things as have no influence into the Conclusion and according to my use giving as many and as large Concessions to the Adversary as our Cause will suffer Now my end being favourably understood I hope there is no need to ask your Lordships or any others pardon for that I have chosen not to dispute two great things 1. That in the Words tu es Petrus super hanc Petram there is intended some respect peculiar to saint Peter's Person it is generally acknowledged by the most learned Defenders of our Church that Saint Peter had a Primacy of Order and your Lordship well knows that many of the Ancient Fathers have expressed as much and I intend no more 2. That Tradition may be Infallible or indefectible in the delivery of the Essentials of Religion for ought we know By the Essentials we mean no more but the Creed the Lord's Prayer the Decalogue and the two Sacraments in this I have my Second and my Reason too for then Rushworth's Dialogues and the new Methods of Roman opposition need not trouble us My good Lord it is high time to beg your Pardon that I have reason to conclude with an excuse for
Schism is a voluntary division of a Christian Church in its external Communion without sufficient cause 1. 'T is a Division 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Divisions or Act. Division in the Church particular Rents among you This division of the Church is made either in the Church or from it in it as it is a particular Church which the Apostle blames in the Church of Corinth c. 11. Though they came together and did not separate from the external Communion but divided in it and about it 2. Division is made also in the Church as Catholick Catholick or Universal and some charge the Church or Court of Rome as we shall observe hereafter herewith as the cause of many deplorable Rents and Convulsions in the bowels of it and indeed in a true sence all that are guilty of dividing either in or from a particular Church without just cause are guilty of Schism in the Catholick as the Aggregatum of all particular Churches There is division as well from as in the Church and this is either such as is improperly called Separation or properly or more perfectly so 1. Separation improperly so called we may term Negative which is rather a recusancy or a denyal of Communion where it is either due or only claimed and not due but was never actually given 2. 'T is properly so where an actual separation is made and Communion broken or denyed where it has wont to be paid 3. Or yet more perfectly when those that thus separate and withdraw their Communion from a Church joyn themselves in an opposite body and erect Altar against Altar SECT II. Subject of Schism THus of the Act of Schism Division Let us briefly consider the Subject of this division Subject which is not a civil or an Infidel Society but a Christian Church I do not express it a true Church for that is supposed For if it be a Christian Church it must be true otherwise it is not at all Some learned of our own side distinguish here of the truth of the Church Physically or metaphysically considered or morally and acknowledge the Roman Church to be a true Church or truly a Church as some would rather have it but deny it to be such morally and plead for separation from it only in a moral sence or as it is not a true Church i. e. as it is a false and corrupt Church not as it is a Church But finding this distinction to give offence and perhaps some advantage to our Adversaries at least for the amusing and disturbing the method of disputation and being willing to reduce the difference as much as I am able I shall not insist upon these distinctions I confess pace tantorum I see no danger in but rather a necessity of granting the Church of Rome to be a true Church even in a moral sence largely speaking as moral is distinguished from Physical or metaphysical and the necessity of this concession ariseth from the granting or allowing her to be a true Church in any sence or a Church of Christ For to say that a Christian Church is not a true Church morally yet is so really i. e. Physically or Metaphysically seems to imply that it is a Christian Church and it is not a Christian Church seeing all the being of a Christian Church depends upon its truth in a moral sence as I conceive is not questioned by either side And when we grant that the Church of Rome or any other is a true Christian Church in any sence we do mean that she retains so much of Christian truth in a moral sence as is requisite to the truth and being of a Christian Church Indeed the very Essence of a Christian Church seems to be of a Moral nature as is evident in all its causes its Efficient The preaching of the Gospel under divine Influence is a Moral cause the form living in true faith and Religion is moral its End and all its formal Actions in Profession and Communion are of a Moral nature and the Christians as they are Men are indeed natural Beings yet as they are Christians and the matter of the Christian Church and more as they are in a Society they fall properly under a Moral Consideration But how can a Church be true and not true and both in a Moral sence How can we own the Church of Rome as a true Church and yet leave her as a false Church and true and false be both taken Morally Very well And our Learned Men intend no other though they speak it not in these terms For to be true and false in the same Moral Sence doth not imply the being so in the same respects Thus the Church of Rome may be granted to be a true Christian Church with respect to those Fundamentals retained in her Faith and Profession wherein the being and truth of such a Church consisteth and yet be very false and justly to be deserted for her gross Errors in many other points believed also and professed by her as a Bill in Chancery may be a true Bill for the substance of it and so admitted and yet in many things falsely suggested it may be very false and as to them be rejected 2. The Church as the Subject of Schism may 1. Catholick be further considered as Catholick i. e. Absolute Formal Essential and as it lies spread over all the world but united in one common Faith From this Church the Donatists and other ancient Hereticks are said to have separated 2. As Particular in a greater or lesser number 2. Particular or part of the Catholick Thus the modern Separatists forsaking the Church of England are said to be Schismaticks 3. In a Complex and mixt Sence as the particular 3. Mix'd Roman Church pretending also to be the Catholick Church calls her self Roman Catholick and her Particular Bishop the universal Pastor In which sence the Church of England is charged with separation from the Catholick Church for denying Communion with the particular Church of Rome SECT III. Object of Schism 1. Faith THe third Point is the Object about and External Communion in which Separation is made Namely External Communion in those three great Means or Bonds of it Faith Worship and Government under that Notion as they are bonds of Communion The first is Faith or Doctrine and it must Faith be acknowledged that to renounce the Churches Faith is a very great Schism yet here we must admit two exceptions it must be the Churches Faith that is such Doctrine as the Church hath defined as necessary to be believed if we speak of a particular Church for in other Points both Authorities allow Liberty Again though the Faith be broken there is not Schism presently or necessarily except the external Communion be also or thereby disturbed Heretical Principles not declared are Schism in Principle but not in Act Hast thou Faith have it to thy Self 'T is farther agreed that we may and some times
and will not rebel against the Government that God hath placed immediatly over us This fair respect the Church of England holds to the Communion both of the Catholick and all particular Churches both in Doctrine Worship and Government and the main exception against her is that she denies obedience to a pretended Power in the See of Rome a Power not known as now claimed to the Ancient Church a Power when once foreseen warned against as Antichristian by a Pope himself and when usurped condemned by a General Council And lastly such a Power as those that claim it are not agreed about among themselves But the charge of Schism falls after another sort upon our Roman Adversaries who have disturbed the Vniversal and all particular Churches by manifest violation of all the three bonds of external Communion The Doctrine and Faith by adding to the Canon of the Scripture Apocriphal Books by adding to the revealed will of God groundless Traditions by making new Creeds without the Consent of the present and against the Doctrine and practice of the Ancient Churches and as for Worship how have they not corrupted it by Substraction taking away one essential part of a Divine Ordinance the Cup from the Laity c. by additions infinite to the Material and Ceremonial Parts of Worship and by horrid Alterations of the pure and Primitive Worship to childish Superstitions and some say dangerous Idolatry Lastly As to Government they have plainly separated themselves both from the Ancient and present Catholick Church and all other particular Churches by usurping a Dominion condemned by the Ancient and that cannot be owned without betraying the Liberty of the present Church By exerting this Usurpation in unlawful and unreasonable Conditions of Communion and as it is said by Excommunicating for Non-obedience to these Impositions not only the Church of England but three Parts of the Christian World The proof on both sides we are to expect in due place SECT IV. The Conditions of Schism Causless Voluntary THe fourth and last thing considerable Condition in the Definition is the Condition which adds the guilt and formality of Schism to Separation which is twofold it must be Causeless and Voluntary 1. It must be voluntary Separation or denial Voluntary of Communion but of this I shall say nothing a greater man received a check from his Romish Adversaries for the proof of it saying who knows not that every sin is voluntary S. W Causless 2. It must be causless or as it is usually expressed without sufficient cause 't is a Rule generally allowed that the Cause makes the Schism i. e. if the Church give cause of Separation there is the Schism if not the cause of Schism is in the Separatist and consequently where the cause is found there the charge of Schism resteth I know 't is said that there cannot be sufficient cause of Separation from the true Church and therefore this Condition is needless but they ever mean by the true Church the Catholick Church 'T is granted the Catholick Church cannot be supposed to give such cause she being the ordinary Pillar of Truth wherein the means of Salvation can be only found therefore we rarely meet with any such condition in the Definitions of Schism given by the Fathers of the Ancient Church because they had to deal with Schisms of that kind that separated from the whole Church But hence to infer that we cannot have just cause to separate from the Church of Rome will be found bad Logick However if we could grant this Condition to be needless it cannot be denied to be true and the lawfulness of Separation for just cause is an eternal verity and if the cause be supposed just cannot be said to be unjust seeing there cannot be supposed a sufficient cause of Sin the Act is justified while it is condemned Besides it is not questioned by our Adversaries but there may be sufficient cause of separation from a particular Church then if at last we find that the Church of Rome is no more there is more than reason to admit this Condition in the present Controversie But the Cause must not be pretended to effect beyond its influence or Sufficiency Therefore none may be allowed to deny Communion with a Church farther than he hath cause for beyond its Activity that which is said to be a cause is no cause Hence we admit the distinction of partial and total separation and that known Rule that we may not totally separate from a true Church and only so far as we cannot communicate without sin The Reason is evident because the truth and very being of a Christian Church implieth something wherein every Christian Church in the very Foundation and being of it hath an agreement both of Union and Communion Far be it from us therefore to deny all kind of Communion with any Christian Church yea we franckly and openly declare that we still retain Communion out of fraternal charity with the Church of Rome so far as she is a true Church Only protesting against her Vsurpations and reforming our selves from those corruptions of Faith and Worship of which Rome is too fond and consequently the more guilty SECT V. The Application of Schism Not to our Church IF this definition of Schism be not applicable to the Church of England she is unjustly charged with the guilt of Schism If the Church of England doth not voluntarily divide in or from the Catholick Church or any particular Church either by separation from or denying Communion with it much less by setting another Altar against it without sufficient cause then the definition of Schism is not applicable to the Church of England But she hath not thus divided whether we respect the Act or the Cause With respect to the Act viz. Division We 1. In the Act. argue if the Church of England be the same for Substance since the Reformation that it was before then by the Reformation we have made no such Division for we have divided from no other Church further than we have from our own as it was before the Reformation as our Adversaries grant And therefore if we are now the same Church as to Substance that we were before we hold the same Communion for substance or essentials with every other Church now that we did before But for Substance we have the same Faith the same Worship the same Government now that we had before the Reformation and indeed from our first Conversion to Christianity Indeed the Modern Romanists have made new Essentials in the Christian Religion and determine their Additions to be such But so Weeds are of the essence of a Garden and Botches of the essence of a Man We have the same Creed to a word and in the same sence by which all the Primitive Fathers were saved which they held to be so sufficient Con. Ept. p. 2. Act. 6. c. 7. that in a general Council they did forbid all persons under
pain of deposition to Bishops and Clerks and Anathematization to Lay-men to compose or obtrude upon any persons converted from Paganism or Judaism We retain the same Sacraments and Discipline we derive our holy Orders by lineal succession from them It is not we who have forsaken the essence of the Modern Church by substraction or rather Reformation but they of the Church of Rome who have forsaken the essence of the ancient Roman Church by their corrupt Additions as a learned Man observes The plain truth is this the Church of Rome hath had long and much Reverence in the Church of England and thereby we were by little and little drawn along with her into many gross errors and superstitions both in Faith and Worship and at last had almost lost our liberty in point of Government But that Church refusing to reform and proceeding still further to usurp upon us we threw off the Vsurpation first and afterwards very deliberately Reform'd our selves from all the corruptions that had been growing upon us and had almost overgrown both our Faith and Worship If this be to divide the Church we are indeed guilty not else But we had no power to reform our selves Here indeed is the main hinge of the Controversie but we have some concessions from our worst and fiercest Adversaries that a National Church hath power of her self to reform abuses in lesser matters provided she alter nothing in the Faith and Sacraments without the Pope And we have declared before that we have made no alteration in the essentials of Religion But we brake our selves off from the Papal Authority and divided our selves from our lawful Governors 'T is confest the Papal Authority we do renounce but not as a lawful Power but a Tyrannical Usurpation and if that be proved where is our Schism But this reminds us of the second thing in the Definition of Schism the Cause For what 2. The Cause interpretation soever be put upon the Action whether Reformation or Division and Separation 't is not material if it be found we had sufficient Cause and no doubt we had if we had reason from the lapsed state and nature of our Corruptions to Reform and if we had sufficient Authority without the Pope to reform our selves But we had both as will be evident at last Both these we undertake for satisfaction to the Catholick Church but in defence of our own Church against the charge of Schism by and from the Church of Rome one of them yea either of them is sufficient For if the pretended Authority of the Church of Rome over the Church of England be ill grounded how can our Actions fall under their censure Especially seeing the great and almost only matter of their censure is plainly our disobedience to that ill grounded Authority Again however their Claim and Title stand or fall if we have or had cause to deny that Communion which the Church of Rome requires though they have power to accuse us our Cause being good will acquit us from the guilt and consequently the charge of Schism Here then we must joyn Issue we deny the pretended Power of the Church of Rome in England and plead the justness of our own Reformation in all the particulars of it SECT VI. The Charge as laid by the Romanists THis will the better appear by the indictment of Schism drawn up against us by our Adversaries I shall receive it as it is expressed by one of the sharpest Pens and in the fullest and closest manner I bave met with viz. Card. Perron against Arch-Bishop Laud thus Protestants have made this Rent or Schism by their obstinate and pertinacious maintaining erroneneous Doctrines contrary to the faith of Roman or Catholick Church by their rejecting the authority of their lawful Ecclesiastical Superiors both immediate and mediate By aggregating themselves into a separate Body or company of pretended Christians independent of any Pastors at all that were in lawful and quiet possession of Jurisdiction over them by making themselves Pastors and Teachers of others and administring Sacraments without Authority given them by any that were lawfully impowered to give it by instituting new Rites and Ceremonies of their own in matters of Religion contrary to those anciently received throughout all Christendom by violently excluding and dispossessing other Prelates of and from their respective Sees Cures and Benefices and intruding themselves into their places in every Nation where they could get footing A foul Charge indeed and the fouler because in many things false However at present we have reason only to observe the foundation of all lies in our disobedience and denying Communion with the Church of Rome all the rest either concerns the grounds or manner or consequences of that Therefore if it appear at last that the Church of England is independant on the Church of Rome and oweth her no such obedtence as she requires the Charge of Schism removes from us and recoyls upon the Church or Court of Rome from her unjust Vsurpations and Impositions and that with the aggrevation of Sedition too in all such whether Prelates or Priests as then refused to acknowledge and obey the just Power and Laws of this Land or that continue in the same disobedience at this day SECT VII The Charge of Schism retorted upon the Romanists The Controversie to two Points IT is well noted by a learned Man that while the Papal Authority is under Contest the question Dr. Hammond is not barely this whether the Church of England be schismatical or no For a Romanist may cheaply debate that and keep himself safe whatsoever becomes of the Vmpirage but indifferently and equally whether we or the Romanist be thus guilty or which is the Schismatick that lies under all those severe Censures of the Scriptures and Fathers the Church of England or her Revolters and the Court of Rome Till they have better answered to the Indictment than yet they have done we do and shall lay the most horrid Schism at the door of the Church or Court of Rome For that they have voluntarily divided the Catholick Church both in Faith Worship and Government by their innovations and excommunicated and damned not only the Church of England but as some account three parts of the Christian Church most uncharitably and without all Authority or just cause to the scandal of the whole world But we shall lay the charge more particularly as it is drawn up by Arch-Bishop Bramhal The Church saith he or rather the Court of Rome are causally guilty both of this Schism and almost all other Schisms in the Church 1. By usurping an higer place and power in the Body Ecclesiastical than of right is due unto them 2. By separating both by their Doctrines and Censures three parts of the Christian World from their Communion and as much as in them lies from the Communion of Christ 3. By rebelling against general Councils Lastly by breaking or taking away all the lines of Apostolical
of Stat. 2 Hen. 4. c. 3. Religion obtain of the Bishop of Rome to be Exempt from Obedience Regular or Ordinary he is in case of a praemunire which is an offence contra Regem Coronam dignitatem suam Again more plain to our purpose in Henry Hen. 5. the Fifth's time after great Complaint in Parliament the Grievances by reason of the Pope's licences to the contrary it was enacted that the King willing to avoid such Mischiefs hath ordained and established that all Incumbents by the Patronage of Spiritual Persons might quietly 3 Hen. 5. c. 4. enjoy their Benefices without being inquieted by any colour of Provisions Licences and Acceptations by the Pope and that all such Licenses and Pardons upon and by such Provisions made in any manner should be void and of no valour aod that the Malefactors by virtue thereof incur the punishments contained in the Statutes of Provisors before that time made The King only may grant or licence to found a 9 Hen. 6. fol. 16. Spiritual Corporation as it is concluded by our Law even in Henry the Sixth's time Further in Edward the Fourth's Reign the Pope granted to the Prior of Saint Johns to have 1 Hen. 7. fol. 20. a Sanctuary within his Priory and this was pleaded and claimed by the Prior but it was resolved by the Judges that the Pope had no power to grant any Sanctuary within this Realm and by Judgment of the Law it was disallowed We have thus fully I hope justified the words of the Statute of Henry the Eighth that the Laws made in the times of his Predecessors did in effect the same things Especially those of Edw. 1. Edw. 3. Rich. 2. Hen. 4. which that Parliament 24 Hen. 8. c. 12. refer us to expresly and particularly and how small time is left for the Pope's Prescription if any at all for his quiet possession of the power of licences in England Yet it is confest he had usurped and by several instances been heedlesly or timerously permitted to exercise such a Power for many years together as the Parliament acknowledgeth though contrary to the Ancient Liberty the Common Law and so many plain Decrees of our Judges and Statutes of the Land from Age to Age as have appeared CHAP. XII Of the Patronage of the English Church in our Kings by History Law THis Flower of the Crown was derived from our ancient English and Brittish Kings to William the Conqueror William Rufus and Hen. 1. who enjoyed the Right of placing in vacant Sees by the Tradition of a Ring and a Crocier Staff without further Approbation Ordination or Confirmation from Rome for the first eleven hundred years Indeed then Hildebrand and after Calixtus did condemn and prohibit all Investitures taken from a Lay-hand That before Hildebrand this was the undoubted right of the Crown is evident both by History and Law For History we find Malms notes that King Edgar did grant to the Monks of Glastenbury the free Election of their Abbot for ever But he reserved to himself and his Heirs the power to invest the Brother elected by the Tradition of a Pastoral Staff Malms de gest R. l. 2. c. 8. Therefore Ingulf the Abbot of Crowland in the time of the Conqueror saith for many years Ibid. he might have said Ages past there hath been no free Election of Prelates but the Kings Court did confer all dignities by a Ring and a Crocier Staff Lanfrank desired of William the Conqueror the Patronage of the Abby of St. Austin but the King answered se velle c. that he would keep all the Crociers Staffs i. e. Investitures in his own hand The same is testified of Anselm himself by Eadm He after the manner and example of his Predecessor was instructed according to the custom of the Land and did homage to the King as Lanfrank his Predecessor in the See of Canterbury in his time had done and William the Agent of Hen. 1. protested openly to Pope Paschal I would have all men here to know that my Lord the King of England will not suffer the loss of his Investitures for the loss of his Kingdom Indeed Pope Paschal was as resolute though it be said not so just in his answer I speak it before God Eadm l. 3. p. 73. Paschal the Pope will not suffer him to keep them without punishment no not for the Redemption of his Head Here was indeed a demand made with confidence and courage but had that Pope no better Title than that of Possession to claim by he had certainly none at all For as Eadm concludes the case seemed a new thing or Innovation to this our Age and unheard of to the English from the time that the Normans began to Reign that I say not sooner for from the time that William the Norman conquered the Land no Bishop or Abbot was made before Anselm who Eadm â—er in Praef. p. 2. did not first do homage to the King and from his hand by the gift of a Crocier Staff receive the investiture to his Bishoprick or Abbacy except two Bishops of Rochester who were Surrogates to the Arch-Bishop and inducted by him by the Kings leave Indeed now the Pope began to take upon him in earnest and to require an Oath of Fidelity of the Arch-Bishop when he gave him the Pall and to deny that Pall if he would not take it A new Oath never before heard of or practised An Oath of Obedience to himself as it it is expresly called in the Edition of Gregory 13. An Oath not established by any Council but only by Papal Authority by Paschalis himself as Gregory the Ninth recordeth This Oath at first though new was modest bounding the Obedience of the Arch-Bishops only by the Rules of the holy Fathers as we find in the old Roman Pontifical But it was quickly changed from Regulas Sanctorum Patrum to Regalia Sancti Petâ—i The change as my Lord Bramhall observes not great in words but in Sence abominable P. 320. Twisd p. 47 Bellarmine would persuade us that the like Oath was given in Gregory the firsts time but that was nothing like an Oath of Obedience and was only an Oath of Abjuration of Heresie not imposed but taken freely no common Oath of Bishops nor any thing touching the Royalties of St. Peter as may be seen Greg. Epist 1. 10. Ep. 30. Indic 5. About an hundred years after in the time of Gregory the Ninth they extended the subjects of the Oath as well as the matter enlarging it from Arch-Bishops to all Prelates Bishops Abbots Priors and now they cry up the Canons above all Imperial Laws But to decide this point of swearing Allegiance to the Pope which could not be done without going in person to Rome it is sufficient that by all our Laws no Clergyman could go to Rome without the Kings Licence and that by an ancient Brittannick Law if any subject enter into League with another
urged for the P. 254. c. Popes or the Churches Infallibility let them peruse Dr. Stillingfleet in defence of my Lord of Canterbury and Mr. Pool's Treatise written on purpose upon this Subject CHAP. XVI II. Arg. For Infallibility viz. Tradition Concessions 4. Propositions 3. Arguments Objections Answered THat the difference may not seem wider than indeed it is we shall make way for our discussion of this Argument by a few but considerable Concessions 1. We yield that Tradition truly Catholick is Apostolical Truly Catholick that is in all the three known Conditions ab omnibus semper ubique For we cannot imagine that any thing should be believed or practised by all Learned Christians at all times and in all places as a point of Christian Religion that was not receiv'd as such either from Christ himself or his Apostles 2. We grant that Tradition hath been and ever will be both useful and necessary for the delivering down to the Faith of the Church in all succeeding Ages both the Canon of the Scripture and the Fundamentals of the Christian Religion The necessity hereof ariseth from the distance of Time and Place and must be supposed upon the Succession of Generations in the Church after the removal of the first Preachers and Writers and consequently the first deliverers thereof 3. We need not stick to agree that Tradition is Infallible if we abuse not the term too rigidly in conveying and preserving the substance of Religion which I was much enclined to believe before and am now much encouraged to express after I had read the learned and ingenious book of the Several ways of resolving Faith he concludes p. 129. the Necessaries to Salvation should ever fail to be practically transmitted from Generation to Generation is alike impossible as that multitudes of People should not in every Age be truly desirous of their own and their Posterities everlasting happiness seeing it is a thing both so easie to be done and so necessary to Salvation By the substance of Christian Religion I mean the Credenda and the Agenda or as he doth the Creed the Lords Prayer the Ten Commandments and the Two Sacraments 4. We may for ought I see to the contrary Gratifie the Author of Rushworth's Dialogues and the Abettors of that late new found Tradition of the present Church of Rome For every Church of Christ as such hath possession of the substance of Christian Religion and without it cannot be a Church And I am sure by this Concession the great Argument for Tradition is allowed and we are so far agreed in a main point I am troubled we must now differ but our Propositions shall be such as none that have weighed Antiquity can well doubt of them We affirm that whatsoever matter of Faith 1 Prop. or Practice is not derived from the first hands by Tradition Catholick as explained in the first Concession is not necessary to Salvation For 't is agreed if it were it would have been preserved by Tradition But it is against all Sence to believe that 2 Prop. Tradition is sufficient to secure us from all Additions to the first Faith or Additions and Alterations in Ceremonies and Worship or any thing that is not necessary to Salvation and herein indeed lies the Controversie for if Midwifes Nurses Parents and Tutors have as it is said Tradition in their hands and hold themselves obliged not to poyson little Babes as soon as they can receive Instructions accordingly and Tradition could not possibly admit or deliver any thing but what is necessary to salvation it were not possible for any Error to obtain in the Church or with any one Party or even Member of it but truth would be equally Catholick with Tradition and then Charity will not suffer us to believe that the Jews that kept the Law should be guilty of any vain Traditions contrary to our Saviour's Reproofs or that there should be any such Parties as Hugonites and Protestants in the World or such various Sects in the Church of Rome it self or so many Successive Additions to the Faith and Worship of that Church as none may have the confidence to deny have happened Vincentius speaks very truly saith Rigaltius Observ in Cyp. p. 147. and prudently if nothing were delivered by our Ancestors but what they had from the Apostles but under the pretence of our Ancestors silly or counterfeit things may by Fools or Knaves be delivered us for Apostolical Traditions and we add by zealously superstitious men or by men tempted as is evident they were about the time of Easter and Rebaptization in the beginning to pretend Tradition to defend their Opinions when put to it in Controversie It further follows that the Infallibility of 3 Prop. the Pope or Court of Rome or Church in Matters of Faith is no necessary Point of Faith because it is not delivered down to us as such by lawful i. e. Catholick Tradition this is the Point Now here we justly except against the Testimony of the present Oral Tradition of the Roman Church or Tradition revers'd because it cannot secure us against additions to the Faith It is no evidence that Tradition was always the same in that point it cannot bear against all Authentick History to the contrary That Popes and Councils and Fathers and the Church too have erred in their belief and practice is past all doubt by that one instance of the Communion of Infants for some hundred of Years together which is otherwise determined by the Council of Trent Yea that there was no such Tradition of the Pope's or the Church of Rome's Infallibility in ancient times is as manifest by the oppositions betwixt the Eastern and Western Churches which could not consist with such Tradition or belief of it And for the Church of England had she owned such Tradition her ancient Bishops would not have contended with and rejected his Messenger St. Austin and his Propositions together Neither can any considering man imagine that the Tradition of the Popes Infallibility is Catholick or generally received and believed in the Church of Rome at this day 'T is well known many of their eminent men renounce it and indeed the Pope himself doth not believe it or he does not believe that all his Doctors believe it For if he does believe both why does he not make use of his Talent and put an end to all the scandalous broils and Ruptures occasioned by the Doctrinal differences and Disputes among the several factions of his Church and have peace within his own Borders But this admits no Answer 'T is said by the Romanist that Universal Traditions are recorded in the Fathers of every succeeding Age and 't is reasonably spoken It behoves him as to the present point to shew us in some good Authors in every age since the Apostles this Tradition for Infallibility then indeed he hath done something which ought to be done But till that be done we must adhere that there
first gave liberty to build and defend Churches in publick Lucius the first Christian King built Churches at his own charge first constituted Bishops Seats and built dwellings for Priests and much enriched all things of that nature and that Religious men might with more safety enjoy what they had given them amplis munivit privilegiis fortified them with large priviledges Here was born also as Baronius confesseth Constantine the Great who brought peace to the whole Church who was the first Christian Emperor and likewise the first Christian Queen his Mother Helen If we come to the Kings of the Ages following quis non stupeat as Spelman saith who can chuse but be astonish'd at the eximious Piety incredible Zeal Ardorem extraordinary Insignes Alms manifold works of mercy munificence towards Gods Ministers and their magnificent and wonderful profusionem liberality and expence in building adorning inriching Churches insomuch as one saith Mirum tunc fuer at Regem videre non sanctum And as another There were more holy Kings found in England than in any one though the most populous Province in the World The day would fail that worthy Antiquary adds in his most excellent Epistle before his Councils enough to enflame the coldest Age with zeal for Religion The day would fail me saith he should I speak of Edwin Ina Offa Ethered Edmund Ethelstan Canute Edward the Confessor and many others seeing among all the Illustrious Kings who were West-Saxons the third is scarce found qui Ecclesiam Dei in Aliquibus non Ornaverit Auxerit Ditaverit who did not Adorn Augment and Inrich the Church of God In these early times of Zeal and Piety among the Kings of England the Jurisdiction and Authority of the Church took root and began and proceeded to flourish now no doubt but Religion sincerely managed by good and meek Church-men was a great mean to move the Nation towards a better Order in the Civil State both in Government and Law Now I say to use Spelman's words when Os Sacerdotis Oraculum esset plebis Os Episcopi Oraculum Regis Reipublicae The mouth of the Priest was an Oracle to the People and the mouth of the Bishop was an Oracle to the King and the Commonwealth In the time of Ethelbert the first Christian King of the Saxons we find a Convention at Canterbury of Bishops and Lords to settle the affairs of Church and State In the time of the Heptarchy Summons was Ad Episcopos Principes c. Decrees were made afterward Cum Concilio Episcoporum thus during the time of the Saxons c. and until the Pope got footing here by the Conqueror Ecclesiastical Authority went on apace Yea 't is evident that it went on step by step with the progress of the Civil and was gradually own'd enlarged and establish'd in the very Essence and degrees and together with the Establishment of the Civil State Insomuch that Ecclesiastical Jurisdiction was so twisted and Interwoven and as it were wrapt in the very Bowels of the Civil and the Ecclesiastical Law so concern'd and intimately wrought into the Temporal Law and Government that 't was hard to make the separation or indeed clearly to assign the distinction betwixt them which hath taken up the care both of Lawyers and Statutes to do it effectually and throughly and perhaps may be in some measure a Reason of many Prohibitions against Ecclesiastical Prohibitions to this day Hence also it was that beyond all known time of Christianity in England our great Church-men have had no small hand in making all our Laws both Ecclesiastical and Civil and also sate many hundred years together with our Temporal Judges in all places of publick Judicature Primi igitur sedebant in omnibus Regni Comitiis Tribunalibus Episcopi In Regali quidem palatio cum Regni magnatibus in Comitatâ—s unà cum Comite Justitiario Comitatus in Turno Vicecomitis cum Vicecomite in Hundredro cum Domino Hundredi So that in promoting Justice every where the sword might aid the sword nihil inconsulto Sacerdote qui velut suburra in Navi fuit ageretur Sp. Epis Conc. Yet we must remember and 't is carefully minded in our Statutes before mentioned that our Kings were the true and acknowledged fountains of the beginning and encrease of that wealth and honour and power which the Church and Church-men then enjoy'd and that the Kings of England were ever Supream over this Church and all its Ministers and not the Pope or any foreign power the Pope's Collector or Minister so say our ancient Books had no Jurisdiction in this Land Lord Coke of Courts p. 321. In our Law before the Conquest the King was the Vicar of the highest King ordained to this end that he should above all govern the Church Edw. Laws c. 19. and this hath been carefully maintained by our Laws ever since See Cawdries Case SECT I. Jurisdiction of the Church in Common Law THUS the power and Jurisdiction Ecclesiastical grew up with and received much perfection by and in Common Law By Common Law I mean long and general use in the whole Land for as I take it my Lord Coke saith That time and use make a Custom when that 's general in England it 's called Common Law that is my meaning whether my Notion be right I weigh not if the matter and Argument prove and express the manner of the Churches ancient Authority and Jurisdiction before the Statutes 'T is most evident William the Conqueror found the Bishops and other Ecclesiastical Ministers in great power and with large Jurisdiction which they had long enjoy'd according to the Law and Custom of the Realm Call that Law what you will by that they enjoy'd their ancient Rights and government and that 's enough 'T is true indeed William changed the ancient Custom we spake of and distinguish'd the Tribunals one from the other but saith Spelman Secrevit non diminuit Jurisdictionem Cleri he did not lessen the Jurisdiction of the Clergy Yea by swearing he confirm'd the Laws of holy Church Quoniam per eam Rex Regnum solidum subsistendi sistendi habent fundamentum Prooemium ll suarum ut Spel. Epis because by the Church both King and Kingdom have a solid foundation of subsisting Thus the Churches Rights in being before were confirm'd by the Conqueror My Lord Coke notes two excellent Rules of Common Law to our purpose 1. The Law doth appoint every thing to be done by those unto whose office it properly appertaineth 2. 'T is a Maxim of the Common Law that where the Right is Spiritual and the Remedy thereof only by the Ecclesiastical Law the Connusance thereof doth belong to the Spiritual Court Coke Instit p. 1. 3. Hence it follows that there being many Cases in which there is no remedy any other way provided by Common Law Vid. Cawdries Case Answ to Object 4. they belong to the Spiritual Courts and the Common Law both impowers and requires
and had Power by the Law of the Land to try such Causes as were not to be tried by Common Law so declared and Establish'd by Acts of Parliament Vid. in the time of Edw. 1. and Edw. 2. near four Hundred years since Circumspecte agatis 13 Edw. 1. An. 1285. The King to his Judges sendeth greeting Use your selves circumspectly in all matters concerning the Bishop of Norwich and his Clergy not punishing them if they hold Plea in things as be meer Spiritual as Penance enjoyned by Prelates Corporal or Pecuniary for Fornication Adultery or such like for Tithes and Oblations due and accustomed Reparations of the Church and Church-yard Mortuaries Pensions laying violent hands upon a Clerk Causes of Defamation Perjury All such demands are to be made in the Spiritual Courts and the Spiritual Judge shall have power to take knowledge of them notwithstanding the Kings Prohibition III. Hereupon a Consultation was to be granted 24 Edw. 1. as followeth Whereas Ecclesiastical Judges have often surceased to proceed by force of the Kings Writ of Prohibition in Cases whereas Remedy could not be had in the Kings Courts our Lord the King Willeth and Commandeth That where Ecclesiastical Judges do surcease in the aforesaid Cases by the Kings Prohibition that the Chancellor or the Chief Justice upon sight of the Libel at the instance of the Plaintiff if they can see that the Case cannot be redressed by Writ out of Chancery but that the Spiritual Court ought to determine the Matters shall write to the Ecclesiastical Judge that he proceed therein notwithstanding the Kings Prohibition More particularly Those Cases reserved by Law and Statute against which no Prohibition can be legally granted are enumerated in Articul Cleri 9 Edw. 2. IV. Thus the proceedings of the Spiritual Courts and the Causes belonging to them were supposed directed allowed and Establish'd by these Ancient Statutes And lest those Causes have not been sufficiently specified no Prohibition shall be awarded out of Chancery but in Case where we have the connusance and of Right ought to have as it is in the 18 of Edw. 3. provided Whence 't is a general Rule both in Law and Statute That such cases as have no remedy provided in the other Law belong to the Spiritual Courts and indeed it hence appears they have ever done so because we no where find in our Laws that the Common Law did ever provide for them and because the Kingdom of England is an intire Empire where the King is furnish'd with a Temporalty and Spiritualty sufficient to administer Justice to all persons and in all Causes whatsoever And consequently what Causes are not in the connusance of the Common Law belong to the Spiritual Jurisdiction which is plainly implied in 24 Hen. 8. c. 12. and other Statutes Upon the same ground in Law depend three great truths 1. The Antiquity of Ecclesiastical Courts 2. Their dependance upon the Crown 3. The perfection of the Government to administer Justice in all cases to all persons from the Supream Power exercised in the Temporal and Spiritual Courts all which lie in the Preamble of that Statute according to our Ancient Laws For saith my Lord Coke in the conclusion of Cawdries Case it hath appeared as well by the ancient Common Laws of this Realm by the Resolution of the Judges and Sages of the Laws of England in all succession of Ages as by Authority of many Acts of Parliament ancient and of latter times That the Kingdom of England is an absolute Monarchy and that the King is the only Supream Governour as well over Ecclesiastical persons and in Ecclesiastical Causes as Temporal To the due observation of which Laws both the King and the Subject are sworn V. IF you desire a more full and particular account of such Cases as being not provided for at Common Law are therefore and have been ever under the Spiritual power take this excellent Enumeration of my Lord Cawdries Case Coke Observe good Reader seeing that the determination of Heresies Schisms and Errors in Religion Ordering Examination Admission Institution and Deprivation of men of the Church which do concern God's true Religion and Service of right of Matrimony Divorces and general Bastardy whereupon depend the strength of mens Descents and Inheritances of Probate of Testaments and Letters of Administration without which no debt or duty due to any dead man can be recovered by the Common Law Mortuaries Pensions Procurations Reparations of Churches Simony Incest Adultery Fornication and Incontinency and some others doth not belong to the Common Law how necessary it was for administration of Justice that his Majestie 's Progenitors Kings of this Realm did by publick Authority authorize Ecclesiastical Courts under them to determine those great and important Causes Ecclesiastical exempted from the Jurisdiction of the Common Law by the Kings Laws Ecclesiastical which was done originally for two causes 1. That Justice should be administred under the Kings of this Realm within their own Kingdom to all their Subjects and in all causes 2. That the Kings of England should be furnished upon all occasions either foreign or domestical with Learned Professors as well of the Ecclesiastical as Temporal Laws VI. Ecclesiastical Laws are the Kings Laws though Processe be not in the Kings Name Now albeit the proceedings and Processe of the Ecclesiastical Courts be in the Name Coke Cawdr Case latter end of the Bishops c. it followeth not therefore that either the Court is not the Kings or the Law whereby they proceed is not the King's Law For taking one example for many every Leet or View of Frank-pledge holden by a Subject is kept in the Lords Name and yet it is the Kings Court and all the proceedings therein are directed by the Kings Laws VII Spiritual Causes secured from Prohibitions notwithstanding by Acts of Parliament Lord Coke Cawdries Case in Edw. 2. Albeit by the Ordinance of Circumspecte agatis made in the 13 year of Edw. 1. and N. B. by general allowance and usage the Ecclesiastical Court held Plea of Tithes Obventions Oblations Mortuaries Redemptions of Penance laying of violent hands upon a Clerk Defamations c. yet did not the Clergie think themselves assured nor quiet from Prohibitions purchased by Subjects until that King Edw. the Second by his Letters Patents under the Great Seal in and by consent of Parliament upon the Petitions of the Clergie had granted unto them to have Jurisdiction in those Cases The King in a Parliament holden in the Ninth year of his Reign after particular Answers made to their Petitions concerning the matters abovesaid doth grant and give his Royal assent in these words We desiring as much of right as we may to provide for the state of the Church of England and the tranquillity and quiet of the Prelates of the said Clergie to the honour of God and the amendment of the state of the said Church and of the Prelates and Clergie ratifying and approving all and singular the said