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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	bishop_n	church_n	jurisdiction_n	5,357	5	9.3309	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26737	The ancient liberty of the Britannick church, and the legitimate exemption thereof from the Roman patriarchate discoursed on four positions, and asserted / by Isaac Basier ... ; three chapters concerning the priviledges of the Britannick church, &c., selected out of a Latin manuscript, entituled, Catholico-romanus pacificus, written by F.I. Barnes ... ; translated, and published for vulgar instruction, by Ri. Watson.; De antiqua ecclesiae Britannicae libertate. English	Basier, Isaac, 1607-1676.; Barnes, John, d. 1661. Catholico-romanus pacificus. English. Selections.; Watson, Richard, 1612-1685.	1661 (1661)	Wing B1029; ESTC R9065	27,797	82

was Legate of Gregory the Roman Bishop The same also appears out of the constancy of the Britains in their rejection of the said Augustin whom although sent Express by the Roman Pontifie that hee might preside over the Britains yet saith Bede All the Britain Bishops refused to acknowledge him for their Arch-Bishop as who had an Arch-Bishop of their own whosoever hee then was whom it would not bee hard to know from the prerogatives of his Metropoly and priviledge of his seat in Councils As for the state of the Britannick Churches and their partition it will bee worth our pains to search it in the undoubted Records of the British Antiquity From the very time therefore of Constantine the Great and so of the Nicene Council all Britany was in times past canton'd into three onely Provinces over which were after the Romane manner in temporal affairs three Romane Proconsuls or Praesidents as likewise in spiritual there praesided as many Arch-Bishops commonly called Metropolitans from their Metropolies or principal Cities wherein were resident both the secular and sacred Provost or Metropolitane The first of these three Provinces was called Maxima Caesariensis the Greatest Caesarian or inverted if either way to be Englished the Metropolitan whereof was the Bishop of York The second was called Britannia primo the first Britain the Metropolitane of which was the Bishop of London The third was Britannia secunda the second Britain called the Legionary Metropoly and thereof the Is●ane Bishop or Bishop of Ca●ruske in the Tract or County of Monmouth That was the state of this Metropoly from Lucius unto King Arthur in whose time the Metropolitical dignity was transferred to the Bishop of St. Davids to whom were subject as Suffragans the Welch Bishops until in the time of Henry the first or as some will have it Henry the third the same Metropolitane was reduced under the obedience of the Arch-Bishop of Canterbury Now whatsoever either in the Provinces themselves or Churches was afterward irregularly parjeted from abroad that cannot prejudice the Imperial authority to which belongs as we have before shewed both to dispense the external Government of the Church and to establish the jurisdictions which it limits Much less can a Usurpation advanced by force or fraud derogate from the Oecumenick decrees of the Ancient Fathers or frustrate so many most grave Canons venerable for their age published thereupon such as is the premised 6th Canon of the Nicene Council for the Ancient Prerogatives and the second Canon of the Constantinopolitan by which is charged That no Bishop approach any Churches situate without his bounds which most grave Canon I wish the Bishop of Rome had religiously observed the Peace of the Church had been better assured the Council goes on commanding that all bee kept according to what was defined at Nice And that these may not seem too remote from our Britain the Canon concludes in a general Sanction That all things ought to be done according to that custome of the Fathers in force But that such had been the custome of the Britains as to have all weighty affairs Synodically disputed within themselves appears out of Bede Moreover to have been in use that the Bishops of that Nation were consecrated by one Bishop Baronius himself somewhere observes At that time truly so beautiful was the state of affairs in Britain until some ages after the Council of Nice Augustin the Monk was sent by Gregory who what hee could not by right first by fraud then by the armed assistance of Ethelbert and his new-converted Anglo-Saxons indeavoured to force the Catholick Bishops of Britain to acknowledge and receive him for their Arch-Bishop but they couragiously replied That they could not abandon their ancient Priviledges and subject themselves to the mandates of strangers That any other custome had been in the sacred Government of the British Church no man can ever evince out of genuine Antiquity And so much concerning the second Position The third Position bearing proportion to the second The Britannick Church was 1 with very good right 2 restored by her Soveraign to her Ancient Ecclesiastical Liberty 3 and that according to the Rule of the Ancient Catholick Canons by which was confirmed for the future the intire Liberty of the Churches TO the first whatsoever the Rebels at this day on either side falsely alledge to the contrary it appears out of very many Histories and the Authentick Chronicles that the Kingdome of England hath been an Empire and so accounted in the world which was governed by one supream Head or King both in Spirituals and Temporals and that wholly independent of any forein Prince or Supremacy whatsoever on earth This is the very marrow expressed from the formal words of a statute at large set out to this purpose by the Assembly of Parliament that is of the whole Kingdome in the 24th year of King Henry the eighth chap. 12. At which time the three Estates of England to wit the Clergy Nobility and Commons willing to recall the Ancient Rights of the Kingdome taken away rather by force and power than any Rule of the Canons decreed to have controversies ended within the bounds of the Kingdome without any appeal to foreiners which indeed is one principal prerogative of a Patriarchal Jurisdiction But upon this whole Britannick affair the thing most worthy our observation is That this decree for the liberty of the Britannick Churches was not introductive of a new Law as in spight to the Kings of Britain new upstarts calumniate who are either ignorant of or opposite to the Britannick priviledge but the said decree was onely declarative of an Ancient Custome which had constantly prevailed in England eight hundred years since and so many ages before yea and was intirely renewed as often as occasion required Concerning this most just assertion wee attest the ample Margin filled with a long train of the Ancient Britannick Statutes which the ingenuous Reader may be pleased at leisure to view and consider Whence by induction of parts will appear that this was no new enterprize nor a single irregular act of Henry the eighth alone but that long before the time of Henry the eighth this had been the ancient Supremacy of all the Kings of England over all persons and in all causes whatsoever so well Ecclesiastick as Temporal Wee proceed to the second and prove the Ancient state of the Church to have been such out of the undoubted Monuments of the Britannick Church where first wee may collect out of the fore-cited Venerable Bede as also Henry of Huntington no less than the rest That Augustine the Monk stirred up Ethelbert King of Kent against the Bishops of the Britains because they in behalf of the Ancient Britannick Liberty denied to subject themselves and their Churches unto the Roman Legate Yet further Huntington adds that neither the Britains nor Scots that is the Irish would therefore communicate with the English and

matter of fact whereto the Roman Bishop himself that I may speak the truth as gently as may be was at least accessory and therefore can be no competent Judge of the cause but rather if the business would bear a controversie it were to be presented to a truly Oecumenical or general free Council rightly and legitimately called Now so far is it from that the Britannick Church even refused to present her self or her cause before the Tribunal of such a Council that the Britannick Church rather holds a general Council to be above any Patriarch even the Roman himself according to that pair of Councils held at Basil and Constance This the Britannick holds together with the Gallican Church a renewing of the ancient concord with which Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so far as conscience permits were even at this time much to be wished it being manifest that above a thousand years since much friendship passed between the Gallican and the Britannick Church even at that time when the Britannick Church did not communicate with the Roman and certainly if both parties would mutually understand one the other without prejudice and that of the two which is in the extream would remit of its rigour that consent of the Britannick Church with the Gallican would not be so improbable as it seems at the first aspect to them that are ignorant of both or either But this onely by the way To our purpose again Wee say the Britannick Church doth so reverence the General Councils that she hath provided by a special Statute That not any one endued with spiritual jurisdiction shall declare or administer his Ecclesiastical censures or adjudge any matter or cause to be heresie but onely such as before had been determined ordered or adjudged to be heresie by the authority of the Canonical Scriptures or by the first four General Councils or any of them or by any other General Council This was in the Reign of Queen Elizabeth the very Catholick sense of the Britannick Church and her due esteem of General Councils which the old Parliament openly testified in the solemn Assembly of that whole Kingdome for we disdain to make mention in this place of the Cabals or Conventicles now adayes which reign in the turbulent rebellious State of that Church and Republick for those swarms of Sects are onely the Cancers and Impostemes of that lately famous Church which no more belong to the sacred body of the Britannick Church than a wenn doth to the body natural And truly if heretofore the great Mother of us all the Catholick Church seemed almost universally to be utterly swallowed by a sudden deluge of Arrianism what wonder is it if the Britannick Church but one of her daughters lye under the same fate for a time This for the first point Concerning the second it is to be very much observed That the Britannick Church at the time of her withdrawing was not truly in fact much less by right subject to the Bishop of Rome having been years before her reformation under Edward 6. altogether exempt from the Roman Patriarchate to wit by the Imperial Authority and by that of Prince Henry the eighth whom to have been impowred to do it by right appears before in the first Position But what occasion soever of the withdrawing at that time shall bee pretended it cannot prejudice the Royal Right or any way derogate from the ancient Custome of the Britannick Church Nay the British Nation could not have opposed either of the two without being hainously guilty both of Rebellion and Schism especially since that whole business of the Church's restitution was transacted with the express consent of the Britannick Clergy then Romane a Provincial Council of which alone in defect of a General was at that time the supream meerly Ecclesiastick tribunal of the Britannick Nation whereunto onely the Britannick Church ought to be or indeed could be subject because in that article of time no Council truly general sate As for that of Trent which afterward followed it was at highest onely Patriarchal to which consequently the Britannick Church before exempt by lawful authority from the Romane Patriarchate was no way subject Whereas therefore the Britannick Church can be said to have opposed it self to no lawful Ecclesiastick Authority at all which notwithstanding inseparably is of the essence of Schism certain it is that Church is no way Schismatical but on the contrary side the Britannick Church according to the singular moderation and Christian love she perpetually sheweth toward all Christians as she keeps off from her external Communion no Christian of what ever communion he be so that he hold the foundation intire but unless a most just excommunication put a bar opens her Catholick bosome and draws forth her holy breasts to any genuine Nursling of the Catholick Church so as well in Faith as the internal Communion of Charity as likewise in the external Communion of the Catholick Hierarchy and Liturgy yea and Ceremonies also she yet cherisheth and professeth an undivided peace and consent with the Catholick Church from which the Britannick Church never did nor ever will separate her self as being alwaies most tenacious of the whole truly Catholick foundation For one thing it is on the hinge of which just distinction is the whole state of this great controversie turned one thing I say it is to separate her self from the Catholick or Universal Church and to form to her self a Congregation or Religion apart different from the Catholick Church as in times past the Donatists did another not to communicate in all with some one particular Church as for instance the Latine or rather to abstain from the external worship which is used by some persons in some places under an express Protestation for thence is sprung the modest and innocent title of Protestants under Protestation I say so soon as the occasion of scandal should be taken away of reconciliation and under a vow not so much out of any absolute necessity as for publick peace and Catholick unity's sake of returning to the Communion of that particular Church from which that the Protestants were estranged yea in the latter age violently driven away by thunder and sword and fire is better known out of history than to want any proof or further amplification It appears therefore out of the Premises that the Britannick Church constituted in this as I may say her passive state of separation from the communion of the Bishop of Rome is wholly free from all blemish of Schism by reason that the Bishop of Rome himself first of all interrupted Christian communion with the Britannick Church and yet further inderdicteth the Britannick Church his communion and in that again the Pope extolleth himself above a General Council lawfully called unto which the Britannick Church hath ever attributed the decisive judgement while in his Bull of the Lords Supper he forbids an appeal from himself to a general Council To

in the Council Essebicus Monach. in Merlin Comment Nicolaus Trivet citat a Do Henr. Spelman Concil p. 111. Galfrid Monumet g 1. The King is a mixt person with the Priest because hee hath as well Ecclesiastical as Temporal Jurisdiction Statut. Anno decimo H. 7. fol. 8. 2. Anno Christi 755. King Kenulphus exempteth the Abbot of Abbington from Episcopal Jurisdiction and the fact of the Kings was judged for legitimate 1. H. 7. fol. 23 25. 3. Among the Laws of Edward the Confessor chap 19 It is said That the King is constituted Chief Vicar that hee may rule the Kingdome and People of the Lord and above all the Holy Church 4. In the time of Edward the First one had brought a Bull derogatory to this right of the Crown for which he was condemned to exile and it was judged that his crime had the nature of Treason 5. 4 Ed 1. The King in Parliament as they speak himself expounded the Canon made at the Council of Lions De Bigamis 6. 16. Ed. 3. The Excommunication of the Arch-Bishop of Canterbury was judged valid notwithstanding the contrary sentence of the Roman Pontifie 7. 17. Ed. 3.23 The King by his Supremacy ex-exempts the Archdeacon of Richmond from Episcopal Jurisdiction as also all Ecclesiastick Colledges and even Monasteries which the King founded were exempt by the same right 8. 27. Ed. 3.84 The King and supream Ordinary present by lapse 9. 33. Ed. 3. Aide du Roy. 103. Kings anointed with sacred Oyl are capable of spiritual Jurisdiction 10. 11. H. 4 37. The Pope cannot change the Laws of England 11. 12. Ed. 4.16 A Legate coming into England ought to take an oath That hee will attempt nothing in derogation to the rights of King and Crown 12. 2. Rich. 3.22 The Excommunications and Judgements of the Roman Pontifie are of no force in England 13. 1. H. 7.20 The Pope cannot erect the prviledge of a Sanctuary in England 14. 25. Ed. 3. It is determined That the Pope hath no right in England of conferring Archbishopricks or Bishopricks 15. 27. Ed. 3. Whosoever by Summons or Sute shall trouble any of the subjects of the King of England without the Realm of England shall incur the loss of all his goods which the Law of England calls Praemunire 16. 16. Rich. 2. cap. 5. It is provided by Law That because the King of England holdeth his Crown immediately from God therefore if any one shall pursue in the Court of Rome any translation whatsoever of process or excommunication c. hee shall incur the same forfeiture of his goods being beside put out of the Kings protection 17. 2. H. 4. It is decreed That the Popes Collectours by vertue of his Bulls have no authority nor jurisdiction in England but that the Archbishops and Bishops of England are the Kings spiritual Judges 18. 11. H. 4.69.76 The Commission of Judges pronounceth with one mouth That the premised Statutes are onely affirmative of the Common Custome of England but not introductive of a new Law It were an easie thing to accumulate six hundred more of this sort but these will bee enough for the Reader nor prejudicate yet hitherto perchance ignorant of these Statutes * Hist. Eccl. l. 1. c. 27. Et 2. c. 4. ad annum 883. † Hist. l. 36. h Hence is that sad complaint apud Bed l. 1. c. 27. of Gregory himself in his Epistle to Augustin In Anglia inqut tu solus Episcopus c. In England saith hee thou art the only Bishop How the onely since out of the Historical context Bed l. 2. c. 2. it appears clearer than the Mid-day light that there were at that time other Bishops in Britain beside Augustin but yet in very deed Augustin was alone because neither the Britains nor the Scots would communicate with Augustin as who accounted him a notorious violatour of the Ancient Ecclesiastick Liberties of the Britannick Island * Bed Histor. Eccl. l. 3. c. 3. † Lib. 3. c. 36. * Lib. 2. c. 2. * Tom. 2. Ephesin Synod append 1. cap. 4. Ep. 18. i Let the Reader see if hee can get Barnes's Manuscript the title whereof is Catholico-Romanus Pacificus chap. 3. De Insulae Magnae Brittanniae Privilegiis for which his sober work that good Irenaeus although hee were of an unblameable life and entire fame yet some years since was as they say carried out of the midst of Paris by force devested of his habit and like a four-footed Brute in a barbarous manner tied to the horse and so violently hurried away first into Flanders afterward to Rome where being first thrust into a dungeon of the Inquisition and then into the prison for Madmen hee died Yet those fierce people not content with his death have indeavoured to extinguish his fame boldly publishing that hee died distracted This Chapter is one of the three translated out of the said Manuscript and herewith published * Some of his own Order suppose him to be still living k Hence is it That Wini being ordained by the Gallick Bishops is received by the Britains even then when they rejected Augustin the Roman Bishop Witness Bede Lib. 3. c. 7. l So that G. Nazianzens Church was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Noah's Ark and St. Hierom breaks out into these horrid words Ingemuit orbis se Arrianum factum esse miratus est The world groaned and wondred that shee was become Arrian m For full ten years after the Reformation under Queen Elizabeth the Roman-Catholicks without scruple communicated with the Protestants until Pius the sixth by his interdictory Bull disturbed all n How well this new Interdiction agreeth with the ancient Oath of the Pope the Reader may judge when as Cardinal Deus-dedit very well notes in his Collection of the Canons the ancient form of the Popes Oath which is yet extant Canon Sanct. Dist. XVI quia Papa jurabat se 4. Concilia servaturum usque ad unum apicem was that wherein the Pope sweared Hee would observe the four Councils to a title Whence the most learned Laschasserius very wittily infers In Consult Venet. thus Non potest igitur Pontifex Romanus jure contendere c. The Roman Pontifie cannot therefore by right contend that hee is superiour to those Canons of the Councils unless hee will arrogate a power unto himself over the four Evangels To this Oath of the Pope agrees the ancient Profession of Pope Zozimus Can. Conc. Statut. 5. q. 5. To decree or change any thing contrary to the Statutes of the Fathers is not in the power or authority of this See See more at large concerning this subject Barnes's Manuscript quo supra Paralipomen ad ss 2. De Conciliis Papa Schismate * That Chapter is likewise herewith printed

allusion to that which issued from the Ark to Obed Edoms house I have a very particular obligation to suffrage in though so long after the date of his It was testimonium Dei faventis saith Grotius and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Philo of the Propitiatory or cover to it a testimony or symbole of Gods favourable and powerfull Mercy to the good man not so restrained to the presence but even after its removal to the City of David no doubt he and his family were blessed by it Sir the publick exercise of our Liturgy is the Antitype we reflect upon which by Gods singular indulgence to you hath when chased out of the Temple took refuge in your House so that we have been forced many times to argue from your Oratory for a visibility of our Church Your easie admission of mee to officiate in it for some months and your endeavours to have such an establishment made for mee as whereby in the most difficult of times I might have had a comfortable subsistence and a safe protection under your sacred roof beside the other graces and civilities I had from you exact this open retribution of my thanks as the character of my holy Order impressed on mee in your Chapel may have consigned mee somewhat peculiarly to be your Priest when any emergent may require the Canonical performance of my Ministery within your walls However Sir I shall not offer the holy Sacrifice at any of Gods Altars which are now again erecting by a most miraculous mercy to his King and People but I shall commemorate in your behalf the little emblem you preserved of them when they lay in their dust and ruines nor shall the cloud of sacred incense ascend in the Sanctuary without the mixture of my breath while I have it to ask a return from Heaven in showers of blessings to you and your posterity whose name memory must be ever venerable to the English Clergy as your person hath been most obliging to many of us among whom though the unworthiest of them I pray assist and honour with the continuance of your patronage Noble Sir Your most grateful and very humble servant RI. WATSON Caen Aug. 12. 1660. POSITIONS I Position THe rights of Patriarchates Custome introduced Councils confirmed Emperours established II Position The Britannick Church as being alwaies placed without the Suburbicaries of the Italick Diaecese in the time of the Nicene Council was in no case subject to the Roman Patriarchate but enjoyed a Patriarchate of its own as to the substance of the thing so as did the other Churches placed in the rest of the free Diaeceses III Position The Britannick Church was with very good right restored by her Soveraign to her ancient Ecclesiastical liberty and that according to the Rule of the ancient Catholick Canons by which the word The Metropolitick Rights Custome hath introduced appears from the very words in the sixth Canon of the first great Nicen Council wherein the confines of the three chief Patriarchs are determined and the Origin of the Roman Metropolitan as also the Alexandrian Antiochian and those of other Provinces which at that time did alike enjoy each its own I say the Origin of every one of these is referred by the Council ad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Custome And moreover the Synod doth decree a Religious Observation of that Custome in these solemn words which the Church truly Catholick did perpetually reverence as an Oracle viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let Ancient Customes be in force commanding likewise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That Churches should have their priviledges preserved The same is clearly evident from the words in the second Canon of the first Constantinopolitan Council which most expresly commands each Church in every Diocess to be governed according to that Custome of the Fathers which had prevailed the priviledges being preserved which by the Nicen Canons have been granted to the Churches The second part of the Position viz. That Councils have confirmed the Rights of Patriarchates is manifest both by the former Paragraph and principally by that Illustrious Canon which is the last save one of the Oecumenick Council at Chalcedon that is the 206 Canon of the Universal Church neither the truth nor validity whereof hath any one questioned unlesse carried away violently with an affection to the Roman partie The words of the said Canon are most emphatical Behold the very marrow and vigour of it express'd First The Catholick Ancients do assert that they in this decree 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and every where follow the definitions of the Holy Fathers Secondly That the Priviledges of the Elder Rome they say not are founded by Christ or by Peter or by Paul but are indulged by the Fathers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thirdly They adjust the reason of this Prerogative and that not divine nor indeed so much as Ecclesiastical but meerly secular to wit as wee shall demonstrate in the third Paragraph the Imperial Authority 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because that City was Emperesse of the rest Fourthly The Fathers moved by the same consideration declare That they as much as lyes in them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will communicate equal Priviledges to the most holy Throne of New Rome Rightly judging they are the words of the very Canon that Constantinople which they call New Rome being honoured both with Empire and Senate may enjoy equal Priviledges with the Elder Rome and in Ecclesiastical affairs no less than she be extolled and magnified as her second or next unto her hitherto the Canon second to wit in order but no way obnoxious in jurisdiction to Rome as is plain by her equality with Rome every way asserted in the Canon and will afterward more clearly appear both out of the 8th Canon of the first Ephesine Council as also the ninth Canon of the Council of Chalcedon both which Canons are cited and illustrated in the following Position The third part of the Position viz. The Rights of Patriarchates Emperours have established is confirmed both by reason and by practice and that first general then special likewise The general Reason being as it were the foundation of this whole discourse deeper laid is farther to be reached First Therefore wee say That Fathers of Families were at first both Princes and Priests Moreover as the supplicate of the whole Gallick people to King Philip the Faire almost four hundred years since very rightly observeth against Pope Boniface Melchisedec is expresly said to be King before Priest and consequently the King taketh not from the Priest nor ought to acknowledge that hee owes unto the Priest his Crown or the rights thereof such as the external Regiment of the Church is proved to be afterward Secondly Wee say That by propagation of Families and their amplification into Cities and Communities the Oeconomick Authority in process of time became politick Thirdly Wee assert That in the first institution of the Priesthood Moses took away no part

of the supream jurisdiction from the Politick Authority Therefore the Royal Power remained the same it was before both Legislative and Iudiciary as well in Sacred as Civil Affairs For Moses as King in Iesurun was constituted by God himself the keeper as well of both Trumpets as Tables now what pertained to Moses as King is every Kings due This very comparative Argument as rightly consequent from Moses to Constantine the Great after the revolutions of so many ages Eusebius five or six times applies to establish the Imperial Authority about the Convocation and confirmation of the first Nicene Council Fourthly As Moses not Aaron delivered the Ceremonial Law so long after Moses King David instituted the courses of the Priest and Solomon thrust out Abiathar the High Priest Fifthly When Christ inaugurated his Apostles hee furnished them with great powers of his own such as are the Administration of Sacraments and power of the Keyes but all that Christ bestowed on his Apostles cumulatively nought at all privatively for indeed our Lord Christ would neither by the Evangelical Priesthood nor his whole first Advent have any thing detracted from the Jurisdiction or Authority of the Civil Powers nor that Kings because Christians should have their Prerogative abated Sixthly Wee say That Kings as Kings ought to be the Liturgick Officers of Christ and so far Kings in their degree may yea ought to be Ministers of the Church and as it were External Bishops of the Ecclesiastick Government as Constantine the Great said wisely of himself That same the magnificent Title of Christ himself Prince of the Kings of the earth seems to erect for all Kings of right although in fact most of Kings are not yet by vertue of this title they are obliged all to bee Christians Seventhly We say That there are very many things pertaining to the external Polity of the Church which although they belong properly and primarily to the King alone yet in case of necessity as they say and secondarily are out of course devolved upon the Clergy For instance To call Synods ordain Fasts or Festivals distinguish Parishes into Diocesses or Provinces to fix and ratifie the Hierarchical degrees of Bishops so as this man is a Bishop that a Primate the third a Metropolitane that this Bishop should be under the jurisdiction of that Metropolitane and contrarily upon some weighty or lawful either occasion necessity or publick commodity of the Church that this should be exempt from the other under whom hee was before These and very many of like sort according to the various state of the Church pertain both to the King and Priest For those two most different times of the Church's condition ought not to be confounded I mean of persecution and peace Because in time of persecution under Infidel Kings so long as Princes are altogether and every way dis-joyned from the Church and the Church from Princes the divine order ceaseth and the Royal Succession suffer's necessarily interruption I say interruption not abolition For so long the case is plainly extraordinary and while so the Woman is in the Desart and the Church supplies this defect of Princes as she can As when the Husband is absent or sick the Matron governs the Family But the divine Positive Order re-entring the ordinary state of the Church returneth also so soon as Kings resume the Christian Religion the partition-wall presently falls down and then by due right Kings take again their exteriour power over the Christian Church Otherwise we should say that in order to the Government of the Church there ought to be no difference between Pharaoh and Moses between Nero and Constantine nor as to dominion in sacred Affairs and the right use thereof that this Emperour communicates any more with the Church than the other which would be dissonant not onely from right Reason but also from holy Scripture Therefore the Emperour so soon as hee becomes Christian ought to obtain his restitution intire And this in this Argument is the matter of right or general Reason which wee lay down as the Base of that right which belongs to the Emperour in establishing the external limits of the Ecclesiastical Government As to the matter of fact or practice that is both general or Catholick and also special The general practice beside the assumption of the second Argument which was proved before consists in an induction of Councils as well General as Provincial all which as they supplicate from the Emperour himself the very convocation of councils so do they submit to the same Emperour every one of their decrees even those in matters of Faith which although as to their intrinsec Authority they depend onely on the Word of God and Truth it self yet as to their extrinsec Authority they depend on the Imperial Sentence but if those of Faith how much more those which are onely of the bare Regiment of the Church such as is the establishment of Patriarchates lye all under the Imperial decrees to wit in this sense That the Canon of the Church may have the force of a Law that wholly proceeds from the Authority of the Prince Thence is it that every one of the Ancient Councils all the Ancient Catholick Bishops even the Bishop of Rome himself present them alwaies to the Emperour to be supplied amended perfected and so humbly petition from the Emperour not a naked protection or late execution but an intire ratification and confirmation of every Council without which as to the external effect they are to become unattired void and plainly of no force Concerning this Truth I appeal not onely to the Councils of Cavalion Mentz and Toures with the rest of the less sort but I produce the very four general Councils concerning the first of which viz. that of Nice Eusebius expresly relates that the Emperour 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirming the decrees of the Synod did fortifie them as it were with his seal I appeal also to the first Council of Constantinople and the very Epistle of the Council to the Emperour Theodosius wherein all the holy Fathers petition the Emperour 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. to have the Suffrage of the Synod confirmed Yea I appeal to Leo himself Pope of Rome whom I beleeve not to have been of the most abject spirit among those in that Pontificate who in every one of his Letters to three Emperours humbly petitions not commands much less decrees but beseecheth supplicates that the Emperour would command c. But it may suffice to have declared these things though somewhat at large yet but by the way to the evincing by a general rule from the whole to the part That the rights of Patriarchates introduced by Custome confirmed by Councils were established by Emperours 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which was the last lemme of our Position The same will appear more evidently in the special practice of the Catholick Emperours For by what Authority Iustinian the Emperour