were reformed in the last Age were Erroneous or Idolatrous than any supposed Irregularities that might be in the way of managing it can never blemish that Work. It is certain that all Rules are only for quiet times in the days of Peace and Order the transgressing of established Rules is without doubt a very censurable thing but this must not be applied to all times For tho in a setled time we know how much respect we owe to Judges and Ministers of State yet if these very Persons will go to set on a Rebellion and authorize it all that respect ought presently to be thrown off CHAP. II. Some general Considerations upon what is alledged of the uncanonical Proceedings in the Progress of our Reformation IT hath a very ill Grace to see a man of the Roman Communion talk so highly of the Obligation to obey the Canons of the Church so as almost to Vnchurch us upon some supposed Irregularities in our Reformation For what is the whole Constitution of the Papacy but one continued Contradiction to all the Ancient Cannons And what is the whole modern Canon Law but the Exaltation of the Papal Authority above all the Canons of the Church Is there any thing clearer in the Primitive times than the establishing the Authority of Metropolitans that was confirmed by the Council of Nice the equalling the Bishops of Constantinople to the Bishops of Rome which was done by the 2d and 4th General Council the establishing the Independency of those Churches that were in Possession of it and so freeing them from all Subordination to other Sees which was done by the 3d General Council And yet tho here we see the four first General Councils all concurring to establish this form of Government the Papal-power is no other than a breaking in upon all these Canons What is more uncanonical than the establishing Legatine Courts the receiving of Appeals the obliging of Bishops to sue for their Bulls in the Court of Rome the dispensing with all the Canons of the Church the exempting all the Regulars from Obedience to their Bishops which is not only contrary to the express Canon of the Council of Chalcedon but is plainly contrary to that Authority that Bishops derive from Christ to govern the Flocks committed to their care In short the whole System of the Church and Court of Rome is so direct a revolt from all the Primitive Canons that it is a degree of Confidence which I do not envy in our Author for him to talk of uncanonical Proceedings Canons are Rules established either by Provincial Synods or more General Councils which import no more but that they ought to be commonly observed for it is plain that there is no Church in the World that hath looked on the Canons of the former times as things so sacred and unalterable that they could never be dispensed with The Schism of the two Popes at Rome and Avignon and all that was done in consequence of it was uncanonical with a Witness and yet how was all that buried by the Council of Constanâ—â— And tho one of the two Obediences was certainly in a state of Schism yet all that was passed over and without any Submission of either side all was healed up The whole Constiution of Metropolitans with their Provincial Synods which was the ancientest and clearest of all the Primitive Rules arises only out of the several Divisions of the Provinces of the Roman Empire when then the Civil Constitution of all Europe is so much altered from what it was then all that Fabrick subsists now rather upon a respect to ancient Rules than from the Authority of those Canons which can no more remain the ground upon which they were built being now removed And one may as well pretend that we are bound to obey the old Roman Law or the Feudal Law because those Laws were once received amongst us as to tell us that we are bound to obey all the ancient Canons especially those that had a visible Relation to the Constitution of the Roman Empire Therefore the Subordination of Churches of Synods and Metropolitans and Patriarchs that was only the knitting into one Body and under several degrees of Subordination a Church that was all under one Civil Society and Empire hath sunk with the Roman Empire So that the tearing that Empire in pieces hath quite put an end to all that Ecclesiastical Subordination And if there is any thing of that yet kept up amongst us it is rather for the preserving of Order than that we are under any Obligation of Conscience to submit to such Constitutions And therefore as oft as a great Conjuncture of Affairs carries along with it considerations that are of more weight than the adhering to ancient Forms then all these may be well superseded For all Rules are temporary things and made according to several Emergences and Occasions which altering frequently it were a very unreasonable thing to expect that every Church should at all times conform it self to them And tho we condemn that Dissolution of all the Canons which the Church and Court of Rome hath brought into the World yet on the other hand we cannot acknowledg any such binding Authority in them that they can never be dispensed with The methods of those men with whom we deal are wonderful Now they reproach our Church with a Violation of ancient Canons and yet when we lay to their charge some of the Canons that their Councils have made in these later Ages such as those of the Lateran for the Extirpation of Hereticks and for the Pope's power of deposing Heretical Princes they tell us that great difference is to be made between the Decisions of the Church in the Points of Faith and the Decrees that are made in matter of Discipline since tho they assert an Infallibility in the one yet the other are transient things in which we ought not to admit of so absolute an Authority This is false with relation to Decrees that declare a Christians Duty or a Rule of Morality For Decrees in such matter do import an Article of Faith or Doctrine upon which they are founded And therefore a Church may indeed even in the Opinion of those who believe her Infallible err in a particular Judgment against such or such a Heretical Prince for that being founded on a matter of Fact she may be Infallible still even tho she were surprised in matters of Fact. But she cannot be Infallible if in declaring the Duty of Subjects towards Heretical Princes or of the Popes Authority in those cases she hath set Rules contrary to the Word of God. In such matters as these are I do acknowledg the Decrees of the Church are for ever Obligatory upon all those who believe her Infallible Therefore since our Author urges so much the Authority of the Canons I would gladly know what he thinks of these which are not I confess Ancient yet they were enacted by the Supream Authority of that Body
to have troubled him much The Explanation made by Q. Eliz. is so express that even our Author cannot find any advantage against the Words themselves but acknowledges that they are such general Terms that the Article it self may be subscribed by all sides Since then the declared Sense of those general and extended expressions that are in some Acts of Parliament is such that there lies no just Exception against it and since this Sense was not only given by Q Eliz. who allowed such as took the Oath to declare that they took it in that sense but it was afterwards enacted both in Convocation and in Parliament and put into the Body of our Confession of Faith. This Explanation must be considered as the true measure of the Kings Supremacy and the wide expressions in the former Laws must be understood to be restrained by this since posterior Laws derogate from those that were at first made So that according to all this the Kings Supremacy doth not give to our Princes the ministring either of Gods Word or of the Sacraments But that only Prerogative which we see to have been given always to all Godly Princes in Holy Scriptures by God himself that is That they should rule all Estates and Degrees committed to their Charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the stubborn and the evil-doers This is all that Supremacy which we are bound in conscience to own and if the Letter of the Law or the stretches of that in the Administration of it have carried this further we are not at all concerned in it But in case any such thing were made out it could amount to no more than this That the Civil Power had made some Encroachments on Ecclesiastical Authority but the submitting to an Oppression and the bearing it till some better times may deliver us from it is no Argument against our Church on the contrary it is a proof of our Temper and Patience and of that Respect we pay to that Civil Authority which God hath set over us even when we think that it passeth its bounds But all that we are bound to acknowledg in the Kings Supremacy is so well limited that our Author hath nothing to object to it Our men of the Mission have always made a great noise of the Kings Supremacy as if it were the most absurd thing that can be imagined without considering that as the Supremacy is explained by the Article of our Church it is practiced by almost all the States and Princes of Europe It hath been clearly made out by many of our Writers that the Kings of England before the Reformation were in possession of his Supremacy and that they really exercised it even before they pretended so formally to it I will not enter into this Enquiry which is so well laid open by Sir Roger Twisden that a man must have a great stock of Confidence to deny it after he hath read him In France all Ecclesiastical Causes are carried before the Courts of Parliament by Appeals from the Ecclesiastical Courts and are finally judged there Now the Supremacy is always where the last Appeal lies and we may see both in Godeau and many other modern Writers how much they complain of this as a servitude under which their Church is brought and as an infraction of all the Ancient Canons The Court of Parliament at Paris examines all the Bulls that come from Rome and condemns and tears them as oft as they see cause So that tho all the Bishops of France are bound by Oath to obey all the Popes Decrees and Ordinances yet this can take no effect till the Parliament hath confirmed them How easie were it to carry this matter far and to shew that by this the Popes Power either as he is St. Peter's Successor and thereby vested with a Universal Authority over the Flock of Christ or as he is the Patriarch of the West and the Center of the Catholick Unity is subjected to the Judgment of a Secular Court who will not suffer the Sheep to hear his voice till they have first examined it And what is the whole Concordat but a bargain made between the Popes and the Crown of France to divide the spoils of that Church and its Liberties between them for whereas the Pragmatick Sanction had established the Clergy in the Possession of its Ancient Rites Lewis the 11th and after him Francis the 1st saw well how much this lessened that unbounded degree to which they intended to carry their Authority and therefore they consented to give the Popes their share so they would warrant their enslaving that Church It is known what Complaints and what opposition the French Clergy have made upon this matter yet at last they bear it and submit to it so that here the last Appeal the Check upon the Papal Authority and the nomination of all the Bishops and Abbots of France are wholly in the Civil Courts and in the King. If it is said that in some particulars the Supremacy of our Kings goes further tho that were acknowledged to be true yet since the more or the less does not alter the nature of things it must be confessed that according to our Author's Principles the whole Gallican Church is in an Uncanonical State as well as we are But tho they do not stick to confess that they are in a state of oppression by reason of the Concordat and of the unbounded Authority of their Parliaments yet they do not think that this makes them irregular or uncanonical as to the Constitution of their Church I might upon this likewise shew how not only the Republick of Venice but even the Crown of Spain notwithstanding all its Bigotry exercises still so great a Supremacy in Ecclesiastical Matters that there is only some difference of degrees between that which belongs to the Crown of England by Law and that which is practiced elsewhere The Court of the Monarchy in Cicily is well known in which by virtue of a forged Bull which is made out to be a Forgery beyond all contradiction that declares the Kings of Cicily the Popes Vicars there is a Lay-man that is the Kings Vicar-General who is the Judg of that Court and to whom all Spiritual Causes are brought and who judges them all as a spiritual Person and that hath the Titles and outward Respect that is given to the Pope likewise paid to him This is the carrying an Imposture very far yet since it is done in the Virtue of a pretended Bull which the Crown of Spain will still maintain to be a true one none hath ever opposed this to such a degree as to pretend that the whole Clergy of Sicily are become irregular because they submit to this Court and appear before it So that upon the whole matter If the great and unmeasured Extent of the Papal Authority made our Princes judg it necessary to secure themselves from those Invasions by
by Queen Mary were Ejected because the greater part of them were Married upon which he gives some grounds to justifie that Sentence I will not here examine the Point of the Unlawfulness of the Marriage of the Clergy It is not so much as pretended to be founded on Scripture and the Discipline of the Church hath been and is to this day very various in that Matter But this is certain that a Law being made in King Edward's days allowing the Marriage of the Clergy the Queen upon the repeal of that Law granted a Commission to some Bishops to examine four of King Edward's Bishops and to try if they were Married and upon that to deprive them This was an Act of the Queen Civil Power so that the Deprivation according to our Author 's own Principles was done by Virtue of that Commission and was by consequence void It was also most unjust with Relation to the Civil Power For these Bishops having been married under the Protection of a Law that warranted it that Law must still justifie them for what was passed and the repeal of it tho it might Impower the Queen to proceed for the future against those of the Clergy that should contract Marriage yet it was against all the Rules of Justice to deprive them by Virtue of a Commission from the Queen for an Action that was warranted by a Law then in being But there was another more extravagant Commission by which three other Bishops are represented as not having behaved themselves well and that as the Queen credibly understood they had both Preach'd erroneous Doctrines and had carried themselves contrary to the Laws of God and the practice of the Universal Church And therefore She orders these Persons to proceed against them either according to the Ecclesiastical Canons or the Laws of the Land and declare their Bishopricks void as they were indeed already void Now our Author will shew his great reading in an instance that cannot be disputed if he can find a President for such a Commission as this is in all History or a Warrant for it among all those Canons for which he pretends so much Respect and Zeal And thus he hath A Deprivation of seven Bishops done by the Civil Authority and without so much as the Colour of Justice XVI The second Reason he gives for their Deprivation was their not acknowledging of any Supremacy in the Roman-Patriarch and here as elsewhere he seems to plead for no higher Authority to the Pope but that of a Patriarch But not to repeat what was said upon this in the general Considerations the acknowledging of that Power in the Pope would not have served turn It was never demanded of the Clergy and would certainly not have been accepted XVII Another Reason was their refusing to officiate according to the Liturgies received and used by the whole Catholick Church for near a 1000 years There is some Modesty in this Pretension which carries up the Abuses no higher than a 1000 years Tho as to the greater part of them and the greatest of them all which is the Adoration of the Host there is no just claim to the half of that Antiquity Yet if the Church of Rome will give us the first 500 years we will not be much concerned in the 1000 that comes next Our Author spake too wide when he named the whole Catholick Church he should have said the Western-Church if he would have spoke exactly And for this Pretension to a 1000 years any that will compare the Missals that have been printed by Card. Bona and F. Mabillon with the present Roman Missals will soon find that the Roman Missal of the last Age was far different from what it had been or a 1000 years before There is one Particular in which indeed they seem both to agree and yet by which the change of the Doctrine of the Church is very conspicuous in the so much disputed Point concerning the Presence in the Sacrament After the 5th Century that a sort of an Invocation of Saints was received by which tho they were not immediately prayed to yet Prayers were put up to God to hear us upon the account of their Intercession There are some Prayers in some Ancient Missals that mention the offering up of that Sacrifice to their Honour and that pray God to accept of it on the account of their Intercession Now in the Opinion of the Church of England that considers the Communion as a commemorative Sacrifice of the Death of Christ and as a Sacrifice of Praise that is offered up to God upon it these Words bear a good Sense which is that to honour the Memory of such Saints their Holy-days were days of Communion and this Action is prayed to be accepted of God on the account of their Intercession In which there is nothing to be blamed but the Superstition of praying to God with regard to their Intercession But one sees a good Sense in those Collects Yet these very Collects are Nonsense or down-right Blasphemous in the present State of the Roman Church in which the Sacrifice of the Mass is believed to be the very Body and Blood of Christ which are there offered up so as to be a Propitiatory Sacrifice for the Dead and the Living Now to say That this is offered up to the Honour of a Saint or to Pray that it may be accepted by Virtue of their Intercession is the most extravagant and impious thing that can be imagined So that this change of Doctrine hath rendred the Canon of the Mass even in those things for which they can pretend to some Antiquity both Impious and Blasphemous in the Opinion and Sense which is now generally received in that Church XVIII Our Author censures a Clause in an Act passed in the beginning of Queen Elizabeths Reign in which it is declared That in all time coming Doctrines are to be judged and determined to be Heresies by the High Court of Parliament with the Assent of the Clergy in their Convocation as if by this the Clergy could not pass a Judgment of Heresy without the Concurrence of the Parliament But Heresy being declared a Crime that inferred a Civil Punishment the Parliament had all possible Reason to make their own Concurrence necessary to a Judgment upon which many Civil Effects were to follow If the Judgment of Heresy went no further than Spritual Censures then this Limitation upon the Clergy might be blamed a little What is this but what is practiced at present in France in which the Censure that the present Pope passed in May 1679. condemning some of the impious Opinions of the modern Casuists was declared to be of no force because it flowed from the Pope with the Court of the Inquisition which is not received in that Kingdom And neither the Bulls of Popes nor the Decrees of Council are of any force there but as they are verified in Parliament tho their Parliaments come far short of the Authority
reckoned up to shew that this could not fail and so they infer the certainty of this method of conveyance Now this is so extravagantly ridiculous and so contrary to the common experience of all mankind that all that can possibly be said to support it signifies no more but to shew how many fine things a man of wit can say to prove the impossibility of a thing which yet every man of sense knows is not only possible but is so certain an effect of such an Oral Conveyance that it is rather impossible it should not fail How was the first Oral Tradition of the Religion delivered to Adam corrupted Tho the long lives of the first Patriarchs is a much stronger Argument for proving the impossibility of such a corruption than any that these Gentlemen can alledg How was the Jewish Religion corrupted in our Saviour's time tho the only Scene of their Solemn Worship being at Ierusalem and the assembling of their whole Nation in their Temple three times a year are much stronger inducements to make us conclude that it was impossible for an Oral Conveyance to miscarry among them than any that can be pretended to amongst Christians Do we not see that the most common Transactions are so diversified after they have passed through a few hands that Truth is very soon lost when it hath no better Standard than Fame and Chat Do not all Languages change so much in a course of some ages that those who lived here 500 years ago would be no more understood if they were now among us and yet it were easie to point out the Infallibility of the conveyance of a Language with much livelier colours than these men can lay on here If Oral Tradition hath any pretension to certainty it must be chiefly with relation to such things as are sensible and visible and that fall under the observation of all men for in matters that are speculative it is natural for every man to dress them according to those explications with which he cloaths them and if his Reputation either for Piety Learming or a true understanding of matters is established it is so probable that these will be so well received that what was believed in one age in some general words will be believed in another with the addition of those new explications that it were indeed a wonder if it were otherwise especially in Ages of Ignorance and Superstition If it is found that in things which are sensible this Oral Tradition is so certainly changed that we are as sure of it as we ean possibly be of any matter of History then it is a vain thing to go about to perswade us that this is an infallible conveyance in matters of Doctrine since it is plain that the one is much more like to be sure than the other can ever be supposed to be if in the Worship of God the Adoration of Images and Saints and an infinity of new Rites are brought in if in the Sacrament the Adoration of it the denying the Cup to all except the Priest the denying the Sacrament to Infants if in the Government of the Church the Popes have not only brought the other Bishops to become subject to them but have broke through the Authority of Metropolitans and the Equality that was setled between themselves and the other Patriarchs tho these things were enacted by the first General Councils if Popes have got possession of an Authority over Princes when they were either Hereticks or were favourers of Hereticks and have maintained this Possession these last 600 years if I say all these things which are not only sensible but are very contrary to those Inclinations and Interests that are the powerful Springs of human nature have yet been brought into the world so manifestly is it any wonder if in dark ages in which a blind Obedience and an unreserved Submission to Church-men were looked on as the chief Branches of Catholick Religion a great many new Doctrines that were infinitely for the advantage of a corrupt and designing Clergy were introduced and received Instead of wondring at the success of all these Innovations we should have had much more reason to wonder if they had not prevailed But upon the whole matter all these new Methods shew us that those who manage them see the weakness of the old ones and that their Cause cannot be maintained on that bottom on which the Writers of Controversy had at first put it and that therefore they must a little change their way and this being an age in which Wit and fine Thoughts are highly valued those who fancied they were Masters in those hoped to raise a sunk Cause which how successful soever it may be when it is managed by Dragoons yet hath never appeared more naked and despicable than it hath done of late years Therefore they have given this new Air and Turn to the common Subjects of the Authority of the Church and of Tradition and have betaken themselves to the certainty of Oral Tradition as their last retrenchment and after all those Declamations that have been made of late against those who pretended not to carry the assurance of our Religion beyond a moral certainty they now fly to a Plea which if it were true is but at most a moral certainty but is so far from being true that we have as much certainty as we can have for a negative Proposition that it is and ever must be false The Author of this Treatise offers us a new Essay of one of these late Methods for instead of attacking our Reformation in any of its essential Parts he goes about only to prove that it was not Canonical and all this when it were granted to be true amounts to no more than this that the Corruptions of the Church of Rome having been extreamly advantageous to the Clergy the greater part of them were too much locked up in Ignorance and too much addicted to their Interests to admit of any change and that therefore the lesser part was forced to make use of the Civil-power to support them in reforming those Abuses But this must be acknowledged to be lawful otherwise all National-Reformations from received Errors are no more to be thought on For suppose an Error hath overspread a National Church which is a Supposition that none can deny since how infallible soever the Catholick Church may be supposed to be it is past dispute that every particular Church may be so over-run with Errors that the greater part may be infected and if this falls to be in a Conjuncture in which a General Council cannot be called and if the Heresy is new such as for instance the Pelagian was when it first appeared so that it had spread far before it had been condemned by a General Council what must be done in such a case if the Prince may not support the Sounder tho the Lesser Part So that according to this Supposition if those Doctrines and Forms of Worship that
matter which is at this day practiced in most of all the States of Christendom Otherwise Civil Government were a very feeble thing if it could not preserve its Members from the arbitrary Proceedings of Ecclesiastical Courts And indeed if the Canons and Rules made by the Popes and such Synods as were absolutely at their disposal were the measures of Heresy so that Judgments ought to pass upon them and that States might not cover themselves from them by Laws we know where this must carry us and how many Bonfires must be quickly made in England But God be thanked it is not come to that I must also add one thing That if the Judgment of Heresy had carried with it nothing but the Ecclesiastical Censures of Excommunications and Anathema's the Church might have pretended that the State ought not to meddle too much in it But since Heresy not only drew after it an Infamy in Law but likewise a Writ de Heretico Comburendo according to another Canon acknowledged to be in force by our Author then a State ought to have made such Regulations in this matter as were necessary to protect its Members from such a Butchery For since the Civil Government is bound to secure the Subjects while they continue Innocent and Obedient from the Rage of all their Enemies our Legislators had betrayed their Trust if they had not put an effectual Stop to the Tyranny of the Clergy And thus it is plain That this Declaration made by the Parliament was nothing but a securing to the Subjects their Lives and Fortunes to which they had formerly a very doubtful Tenure since they held them only at the Discretion and Mercy of the Clergy IX But because our Writers have often alledged the Laws made in former times Chiefly the Statute of Premunire made by Richard the 2d against all Bulls and Provisions from the See of Rome Our Author answers this very weightily as he thinks by shewing us That those Laws related only to some special matters that were temporal Things such as the Titles to Benefices or the Translation of Bishops out of England without the Kings consent by which both the King might be deprived of their Counsel and the Treasure of the Kingdom carried away out of it But all this is trifling For a Contest being raised concerning the extent of the Popes Power the Pope claims a degree of Authority to be committed to him by Christ and that the whole Pastoral Work belonged to him Upon this the King and Parliament set bounds to it Now the Question arises out of this Whether the same Authority that warranted them to determine against the Pretensions of that Court in that one Point did not warrant them likewise to do it in other Points To a man of a clear understanding the Matter will appear to be past dispute For if in one Point a Parliament may contradict the Popes Declarations and Canons sure it may do it in another and the only Question then to be examined will be concerning the matter of such Laws For if the matter of those Laws is good the Authority is certainly good and if the matter is not good it is confessed that an Act of Parliament cannot change the nature of things But because this matter is better understood by some Breves printed by Dr. Burnet it will be worth the while to examine it a little more fully That vigorous Act of Parliament came out indeed in the Reign of a feeble Prince but the Popedom at that time was in a more feeble State and the adherence of England to the Pope who sat at Rome was in that time of Schism so valuable a support that those at Rome it seems thought it fit to take no notice of it But the Council of Constance had no sooner heal'd that Wound then the Popes were resolved to have that Law repealed and England falling again under a new Feebleness in Henry 6th Minority and Factions at Home and Losses in France having sunk the Reputation of the Government extreamly the Pope laid hold of that Conjuncture and in his Letters both to the Arch-Bishops and Clergy and to the King and Parliament he Annuls the Statute and requires the Clergy to give it no Obedience declaring all Persons that obey it to be ipso facto Excommunicated and they should not be relaxed by any but himself unless it were at the point of Death and he ordered the Clergy to Preach this Doctrine to all the People He required the Parliament under pain of Damnation to repeal it and he founds his right in the Commission that Christ gave to St. Peter to feed the Flock Here sure if ever the Pope speaks Ex Cathedra yet for all this the Parliament would neither repeal nor explain the former Statute By all which it is plain that our Parliament did not think themselves bound to be born down by big Words and high Pretensions In this Dispute then between the Spiritual and Temporal Power we see the Parliament judged the matter and by the same right that they judged one Point they may judg other Points and if the matter of their Judgment was good their Judgment was as valid under Henry the Eighth as under Richard the Second or Henry the Sixth For the Point being once yeilded that the Civil Authority may examine the Decisions of the Church then this may be certainly carried to other particulars or applied to a greater extent of matter as further discoveries of Truth and new Provocations may arise X. The Affinity of the matter leads me here to make a leap over several Particulars which I will afterwards review and to examine that which our Author hath thought fit to say concerning the burning of Hereticks only by the way I must take notice of the unfaithful Recital that he makes of the two Statutes made against Hereticks under Henry 4th and Henry 5th which he represents as if they had merely left the Judgment of Hereticks to the Ordinary or Diocesan without any thing else by which the Repeal of them must appear to be the taking away that Judgment from the Spiritual Courts but there were other and more important Clauses in those Acts which gave the Parliament just Reason to repeal them In the former the Civil Magistrates are required to be personally present at the giving of Sentence against Hereticks and after the Sentence was passed they were to receive them and there before the People in a high place to be brent Here was the poysonous Sting in that Act which our Author was not faithful enough to mention and in that past by Henry 5th all Magistrates were required to take an Oath when they entred upon their employments That they should use their whole Power and Diligence to destroy all Heresies and Errors called Lollards and to assist the Ordinaries and the Commissaries in their Proceedings against them and all convict of Lollardy were to forfeit all the Lands that they held in Fee-simple as
well as their Goods and Chattels to the King. These were the true Motives of repealing those Bloody Laws which our Author ought to have mentioned if he had not designed to deceive his Reader but when he comes to examine the matter of Burning Hereticks he does it so softly that it is plain he would rather lay us asleep than quiet us First he begins with that trifling Answer That the Secular Laws and not the Ecclesiastical do both appoint and execute it but if the Secular Arm is threatned by the Ecclesiastical not only with lower Censures but even with Deposition and that by a Council which he acknowledges to be General in case they do not extirpate Hereticks then this Extirpation is still the Act of the Church enforced upon the Civil Power with a dreadful Sanction which the Church was Able to execute in those Ages of Superstition and thus the Guilt of all the Blood-shed upon the account of Heresie lies at the Door of that Church In the next place he reckons up several Instances of severe Executions against Hereticks both in England and elsewhere which were practiced not only in Henry the Eighth's time but also under Edward the Sixth's and were carried on chiefly by Cranmer's Authority Executions made under Queen Elizabeth and King Iames are also mentioned to which is added a Law made by King Iames adjudging men Traytors for being reconciled to the Pope or See of Rome which is putting men to Death for pretended Heresie and to a Death worse than Burning But to all this I will only say That the Reformation being a work of time as men did not all at once throw off all the Corruptions of the Church of Rome so this being the received Doctrine of the Western Church for many Ages that all Hereticks ought to be extirpated if our Reformers did not so soon as were to be wished throw of this Remnant of Popery it is rather to be excused and pitied in them than to be justified their Practice Cranmer did also soften the Notion of Heresie as much as he could by reducing it to a plain and wilful Opposition to some of the Articles of the Apostles Creed and if the constant Clamours that the men of the Church of Rome raised against the Reformation as a Subversion of the Christian Religion because some that had been among the Reformers advanced some monstrous Opinions if these I say carried our Reformers to such a way of justifying themselves of this Imputation by some publick Executions they who gave the occasion to this severity which I do not pretend to justifie ought not to reproach us for that to which they drove our Ancestors As for King Iames's Law I will not examine whether the Death of Traitors or the Burning of Hereticks is the more dreadful it is certain Fire especially when it is slow is the most terrible of all deaths and that which gives the most formidable Impression but if the Provocation given to the King and Parliament at that time by the Gun-powder Treason be considered it will not appear strange if the King and Parliament after they had escaped so narrowly the greatest of all dangers took a little more than ordinary Care to secure themselves against the like Attempts in time coming And if the severe Canons of the Council of Lateran against Hereticks had lain as so many dead Letters in the Body of the Laws of their Church as that Law hath done in our Book of Statutes they had had much less Blood to answer for and less guilt than lies upon them at present After these softnings our Author comes to pass his own Censure on the Burning of Hereticks but the common Rules of Prudence should have led him in the present juncture of Affairs to have condemned it roundly and so to have laid our apprehensions a little yet he saw so plainly that this was a practise so clearly authorized both by Law and Custom in their Church that he durst not disown it in express words and indeed he understands so little how a tender point ought to be touch'd that by all the Rules of Prudence he ought not to have medled with it His Discourse in this is an Original and because I 'le do him no wrong in the manner of Representing it I will set it down in his own Words But whether this Law in it self be just and again if just whether it may be justly extended to all those simple People put to death in Queen Maries days such as St. Austin calls Hereticis Credentes because they had so much Obstinacy as not to recant their Errors for which they saw their former Teachers sacrifice their Lives especially when they were prejudiced by the most common contrary Doctrine and Practice in the precedent Times of Edward the 6th and had lived in such a condition of Life as neither had means nor leasure nor capacity to examine the Churches Authority Councils or Fathers ordinarily such Persons being only to be reduced as they were perverted by the contrary fashion and course of the times and by Example and not by Argument either from Reason or from Authority and the same that I say of these Laity may perhaps also be said of some illiterate Clergy whether I say this Law may justly be extended to such and the highest suffering Death be inflicted especially where the Delinquents are so numerous rather than some lower Censures of pecuniary Mulcts or Imprisonment these things I meddle not with nor would be thought at all in this place to justifie Here is a long Period of 208 Words before the Verb comes to close it but there is small comfort in all this for even after our Author hath put the Case with all possible Abatements and as soft as may be of the ignorances the strong prejudices and the numbers of the Delinquents and intimated his merciful inclinations only towards the Laity and some of the illiterate Clergy and that only with relation to Death Fines and Imprisonments being left out of the Grace that he would shew us yet in conclusion he only tells us He will not meddle with this matter nor would he be thought at all to justifie it in this place for he is only concerned what we think of him and whether he justifies it or not he only tells us he would not be thought to do it and yet lest that seem too much he adds a further Qualification that he would not be thought to justifie it in this place So that he hath fully reserved all his Rights entire to a fitter opportunity and then he well may without the least Reproach justifie that in another place which he doth not think fit to do at present Yet it seems he hath a very narrow heart in matters of Grace for this same scanty measure of Favour that he had clogg'd with so many Reserves is yet retrenched considerably in the following Words Tho some among those unlearned Lay-people I confess to have
of ours XIX Our Author excepts to King Henry the Eighth's abrogating those Laws That were established by the Authority of the Bishops of Rome as if this included all those Laws that were passed by the Councils in which Popes presided since the Canon-Law is composed of Synodal as well as of Pontifical Laws In this we will freely own to him that since the time that the Popes have so far enslaved the Bishops as to make them swear Obedience to them we look upon all the Laws that have been made in Synods composed of men so pre-engaged as Papal Laws but this doth not at all touch those Laws that passed before that Authority was claimed And indeed there never was a grosser Abuse put on the World than the whole Canon Law. For as for the first and soundest part of it which is Gratian's Decree it was only a Common-place Book drawn up by a Man that was indeed considering the Age in which he lived of great Learning and good Judgment But he was at that time so ill furnished with all necessary helps to make him judg a right of his Matter that it is an impudent thing in the Ages of more Knowledg to pretend to keep up the Credit of a Book that was compiled in so dark and so corrupt a Time. The rest is yet worst made up of Papal Constitutions or the Decrees of those ignorant and packt Assemblies that had met for the three Ages preceding the Reformation If King Henry had abrogated the Ancient Canons our Author might have had some Colour for his Complaints But the total abrogating of that course Compilation of the Canon-Laws which never was founded on any good Authority was so just a thing that there are very few Learned Men in the Roman Communion at present that will not say it were well for the Church if it were quite laid aside since now all men but such as our Author are ashamed of it XX. Our Author writes as if he intended to do Honour to the Memory of King Henry For he cites these Words out of his Preface to his Injunctions Which Agreement of the Clergy for as much as we think to have proceeded of a good right and true Iudgment and to be agreeable to the Laws and Ordinances of God He thereupon ordered it to be published An ordinary man would be upon this induced to approve mightily of the King's method First to Authorize the Clergy to examine those Matters and after that to review their Determinations himself before he gave his Civil Sanction to them Would our Author have a Prince rely blindly on a National Clergy which is subject to Error as is acknowledged by all the World What Judgment then can he follow but his own The Civil Power must be applied in matters of Religion as is acknowledged on all hands upon the Judgment of the Prince For he can follow no other even in the Principles of the Church of Rome except when he is determined by an Infallible Court which is only in a General Council XXI Among the other Exorbitances of the King's Supremacy one reckoned up by our Author is his taking away the Pope's Authority as Patriarch in confirming the Metropolitan and his requiring his Clergy under the pains of Premunire to consecrate into Bishopricks any that he shall nominate It is great Ignorance or somewhat worse in our Author if he will pretend that the Authority of the Patriarchs over Metropolitans was of Primitive Antiquity for by the Council of Nice every Province was an intire Body within it self if the Clergy is under some servitude as to the promoting those nominated by the King the Pope is under the same to the King of France by the Concordate and our subjection in this Point does not bind our Consciences but lies only on our Persons and Benefices and therefore when a case of Persecution comes we must resolve to venture on a Premunire and worse things too if we are pressed hard XXII He adds to this another gross mistake in History intimating that the Suppression of Monasteries was done by virtue of this Supremacy upon which he runs out into a long deduction of many Particulars relating to that Affair but this is all so false that the Supremacy was not so much as once pretended in it it went all upon Acts of Parliament and the surrenders of the Monks If the King acted violently and unjustly in this matter it doth not at all concern the Reformation and much less his Supremacy and as for all the Topicks of Sacriledg and Profanation and the alienation of Things and the violation of Persons Sacred these are general and dreadful words which lose their Horror when it is considered That the vast endowments of Monasteries were the effects of the Superstition of those Ages in which the belief of the Redemption out of Purgatory by the saying of so many Masses together with many false Miracles had prevailed so far on the Ignorance and Credulity of the World as to draw the best part of the Wealth of Europe into those Houses when I say not only the scandalous Lives of many Monks which were indeed but Personal Things but their false Miracles and Relicks and above all the falshood of redeeming men out of Purgatory by their means were discovered no doubt it was lawful to dissolve all those Endowments and to turn their Wealth to better uses and if the King did not enough that way it was so much the worse for him but that doth not at all blemish the Reformation So that all the long digression he makes upon this Head is impertinent to the business in hand which is the Supremacy XXIII He says That the Pope pretends no such Power as to alienate the Church-Revenues for to spend them himself or to dispose of them in what manner or to what Persons he pleases but only for some just Cause that is in a prudential Arbitration for an equal or greater benefit accruing to the Church or Christianity I do not know if the D's of Parma or a great many other Princes that have been raised out of the Patrimony of the Church would judg this to be good Doctrine and if the Church is always a minor so that the Bargains made in her name may be ever recalled it would be hard to find what Benefit hath arisen to the Church or Christianity out of the Robberies that Popes have made to raise their Families and it is a strange piece of Impudence in these men who are always reproaching us with what some of our Princes did in the time of the Reformation when all that put together doth not amount to the Injustices that have been committed in one single Pontificate of those whom they would have us look on as God's Trustees and as Christ's Vicars if they are not concerned in those who are the Spiritual Heads of their Church much less are we bound to justifie all the Actions of those who are only