not many of your selves ashamed and weary of it do not some of you deny it and set up Tradition in stead of it was not the Apostle too blame to say there must be Heresies or Divisions among you and not to tell them there must be an Infallible Judge among you and no Heresies but now men are wiser and of another mind To conclude whether we regard the Truth or Vnity of the Church both Reason and Sence assures us that this Infallibility signifies nothing for as to Truth 't is impossible men should give up their Faith and Conscience and inward apprehension of things to the Sentence of any one man or all the men in the World against their own Reason and for Vnity there is no colour or shadow of pretence against it but that the Authority of Ecclesiastical Government can preserve it as well without as with Infallibility But if there be any Sence in the Argument methinks 't is better thus the Head and Governour of the Christian Church must of necessity be Infallible but the Pope is not Infallible either by Scripture Tradition or Reason therefore the Pope is not the Head and Governour of the Christian Church CHAP. XVIII Of the Pope's Universal Pastorship its Right divine or humane this Civil or Ecclesiastical all examined Constantine King John Justinian Phocas WE have found some flaws in the pretended Title of the Pope as our Converter Patriarch Possessor and as the Subject of Infallibility his last and greatest Argument is his Vniversal Pastorship and indeed if it be proved that he is the Pastor of the whole Church of Christ on Earth he is ours also and we cannot withdraw our obedience from him without the guilt of that which is charged upon us viz. Schism if his Commands be justifiable but if the proof of this fail also we are acquitted This Right of the Pope's Universal Pastorship is divine or humane if at all both are pretended and are to be examined The Bishop of Calcedon is very indifferent and reasonable as to the Original if the Right be granted 't is not de fide to believe whether it come from God or no. If the Pope be Universal Pastor Jure humano only his Title is either from Civil or from Ecclesiastical Power and least we should err Fundamentally we shall consider the pretenses from both If it be said that the Civil Power hath conferred this honour upon the Pope may it not be questioned whether the Civil Powers of the World extend so far as either to dispose of the Government of the Church or to subject all the Churches under one Pastor However de facto when was this done when did the Kings of England in Conjunction with the Rulers of the whole World make such a Grant to the Pope I think the World hath been ashamed of the Const donat Donation of Constantine long agon yet that no shadow may remain unscattered we shall briefly take an account of it They say Constantine the third day after he was baptized left all the West part of the Empire to Pope Sylvester and went himself to dwell at Constantinople and gave the whole Imperial and Civil Dominion of Rome and all the Western Kingdoms to the Pope and his Successors for ever A large Boon indeed this looks as if it was intended that the Pope should be an Emperor but who makes him Vniversal Pastor and who ever since hath bequeathed the Eastern World to him either as Pastor or Emperor for it should seem that part Constantine then kept for himself But Mr. Harding throws off all these little Cavils and with sufficient Evidence out of Math. Hieromonachus a Greek Author shews the very Words of the Decree which carry it for the Pope as well in Ecclesiastical as Civil Advantages they are these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. We decree and give in charge to all Lords and to the Senate of our Empire that the Bishop of Rome and Successor of Saint Peter chief of the Apostles have Authority and Power in all the World greater than that of the Empire that he have more honour than the Emperor and that he be Head of the four Patriarchal Seats and that matters of Faith be by him determined this is the Charter whereby some think the Pope hath Power saith De potest Pap. c. 19. Harveus as Lord of the whole World to set up and pull down Kings 'T is confessed this Grant is not pleaded lately with any Confidence Indeed Bishop Jewel did check it early when he shewed Harding the wisest and best among the Papists have openly disproved it such as Platina Cusanus Petavius Laurent Valla Antoninus Florentinus and a great many more Cardinal Cusanus hath these words Donationem Constantini dilligenter expendens c. Carefully weighing this Grant of Constantine even Conc. Cath. lib. 3. c. 2. in the very penning thereof I find manifest Arguments of Forgery and Falshood 'T is not found in the Register of Gratian that is in the allowed Original Text though it be indeed in the Palea of some Books yet that Palea is not read in the Schools and of it Pope Pius himself said dicta Palea Constantinus Pius 2. dial falsa est and inveighs against the Canonists that dispute an valuerit id quod nunquam fuit and those that speak most favourably of it confess that it is as true that Vox Angelorum Audita est that at the same time the voice of Angels was heard in the Air saying hodie venenum effusum est in Ecclesiam Much more to the discountenance of this P. 537 538. 539. vain Story you have in Bishop Jewel's Defence which to my observation was never since answered to him therefore I refer my Reader But alas if Constantine had made such a Grant Pope Pipus tells us it was a question among the very Canonists an valuerit and the whole World besides must judge the Grant void in it self especially after Constantine's time Had Satan's Grant been good to our Saviour if he had faln down and worshipped him no more had Constantine's pardon the comparison for in other things he shewed great and worthy zeal for the flourishing Grandeur of the Church of Christ though by this he had as was said given nothing but poyson to it for the Empire of the World and the Vniversal Pastorship of the Church was not Constantine's to give to the Pope and his Successors for ever Arg. 2 King John But it is urged nearer home that King John delivered up his Crown to the Pope and received it again as his Gift 'T is true but this Act of present fear could not be construed a Grant of Right to the Pope if King John gave away any thing it was neither the Power of making Laws for England nor the exercise of any Jurisdiction in England that he had not before for he only acknowledged unworthily the Pope's Power but pretended not to give him such Power to
Infer 1. That the Fathers during eight hundred and seventy years after Christ knew no such thing as the Popes Supremacy by divine Right or any right at all seeing they opposed it 2. That they did not believe the Infallibility of the Church of Rome 3. That they had no Tradition of either that Supremacy or Infallibility 4. That 't is vain to plead Antiquity in the Fathers or Councils or Primitive Church for either 5. That the Judgment of those 8 general Councils was at least the Judgment and Faith not only during their own times but till the contrary should be decreed by a following Council of as great Authority and how long that was after I leave to themselves to answer 6. That the Canons of those 8 first general Councils being the sence both of the ancient and the professed Faith of the present Church of Rome the Popes Authority stands condemned by the Catholick Church at this day by the ancient Church and the present Church of Rome her self as she holds Communion at least in profession with the Ancient 7. That this was the Faith of the Catholick Church in opposition to the pretended Supremacy of the Pope long after the eight first General Councils is evident by the plain Sence of it in the said Point declared by several Councils in the Ages following as appears both in the Greek and Latin Church a word of both SECT IX The Latin Church Constance Basil Councils c. THe Council of Constance in Germany long after of almost a thousand Fathers An. 1415 Say they were inspired by the Holy Ghost and a General Council representing the whole Church and having immediate power from Christ whereunto obedience is due from all Persons both for Faith and Reformation whether in the Head or Members this was expresly confirmed by Pope Martin to be held inviolable in Matters of Faith vid. Surium Concil Const 99. 4. Tom. 3. Conc. Their great Reason was the Pope is not Head of the Church by Divine Ordinance as the Council of Calcedon said a thousand years before Now where was necessary Union and Subjection to the Pope where was his Supremacy Jure divino where was Tradition Infallibility or the Faith of the present Church for the Pope's Authority Concil Basil Bin. To. 4. in Conc. Basil initio The Council of Basil An. 1431. decreed as the Council of Constance Pope Eugenius would dissolve them the Council commands the contrary and suspend the Pope concluding that who ever shall question their power therein is an Heretick the Pope pronounceth them Schismaticks in the end the Pope did yield and not dissolve the Council this was the Judgment of the Latine Church above 1400 years after Christ and indeed to this day of the true Church of France and in Henry the Eighth's time of England as Gardner said the Pope is not a Head by Dominion but Order his Authority is none with us we ought not to have to doe with Rome the Common Sence of all in England Bellarmine saith that the Pope's Subjection to De Conc. li. 2. c. 14. General Councils is inconsistent with the Supreme Pastorship 't is Repugnant to the Primacy of Saint Peter saith Gregory de Valentiâ yet nothing Anal. fid l. 8. c. 14. is more evident than that General Councils did exercise Authority over Popes deposing them and disposing of their Sees as the Council of Constance did three together and always made Canons in opposition to their Pretensions Yea 't is certain that a very great Number if not the greater of the Roman Church it self were ever of this Faith that General Vid. Dr. Hammond's dispute p. 102. Councils are Superior have Authority over give Laws unto and may justly censure the Bishop of Rome Pope Adrian the Sixth and very many other Learned Romanists declared this to be their Judgment just before or near upon the time that Henry the Eighth was declared Supreme in England So much for the Latine Church SECT X. The Greek Church African Can. Synod Carth. Cancil Antiochen The Faith of the Greek Church since THat the Greek Church understood the first General Councils directly contrary to the Pope's Supremacy is written with a Sun-beam in several other Councils 1. By the Canons of the African Church The 27th Canon forbids all Transmarine Appeals Can. 27. threatens such as make them with Excommunication makes order that the last Appeal be to the proper Primate or a General Council to the same effect is the 137 Canon and the Notes of Voel upon these Canons put it beyond question that in the Transmarine Appeals Tom. 1. p. 425. they meant those to Rome as it is expressed the Church of Rome and the Priests of the Roman Church 2. Const Concil Antiochen This Council is more plain it saith if any Bishop in any Crime be judged by all the Bishops in the Province he shall be judged in no wise by any Other the Sentence given by the Provincial Bishops shall remain firm Thus the Pope is excluded even in the case of Bishops out of his own Province contrary to the great pretence of Bellarmine ibid. 3. Syn. Carthag This Synod confirmed the twenty Canons of Nice and the Canons of the African Councils and then in particular they decreed ab Vniversis Can. 4. Si Criminosus est non admittatur again 8. if any one whether Bishop or Presbiter that is driven from the Church be received into Communion by another even he that receives him is held guilty of the like Crime Refugientes sui Episcopi regulare Judicium Again if a Bishop be guilty when there is no Synod let him be judged by twelve Bishops Secundum Statuta Veterum Conciliorum the Statutes of the Ancients knew no reserve for the Pope in that Case Further no Clergy-man might go beyond the Seas viz. to Rome without the Advice of his Metropolitan and taking his Formatam vel Commendationem The 28 Canon is positive that Priests and Deacons shall not Appeal ad Transmarina Judicia viz. to Rome but to the Primates of their own Provinces and they add Sicut de Episcopis saepê constitutum est and if any shall do so none in Africa shall receive them and Can. 125. 't is renewed adding the African Councils to which Appeals are allowed as well as to the Primates but still Rome is Barr'd The Sence of the Greek Church since Now when did that Church subject it self to Rome in any Case our Adversaries acknowledge the early contests betwixt the Eastern and Western Churches in the point of Supremacy where then is the Consent of Fathers or Vniversality of time and place they use to boast of Bellarmine confesseth that An. 381. to the time of the Council of Florence viz. 1140 years the Greek Church disclaimed subjection to the Pope and Church of Rome and he confesseth they did so in several general Councils And he doth but pretend that this Church submitted it self to Rome
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
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
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
must differ with a particular Church in Doctrine wherein She departs from the Catholick Faith but here we must take care not only of Schism but Damnation it self as Athanasius warns us Every one should therefore endeavour to satisfie himself in this great Question What is Truth or the true Catholick Faith To say presently that it is the Doctrine of the Roman Church is to beg a very great Question that cannot easily be given I should think Athanasius is more in the right when he saith this is the Catholick Faith c. in my opinion they must stretch mightily that can believe that the Catholick Faith without which no man can be saved and therefore which every man ought to understand takes in all the Doctrines of the Council of Trent Till the contrary be made evident I shall affirm after many great and learned men that he that believes the Scriptures in general and as they are interpreted by rhe Eathers of the Primitive Church the three known Creeds and the four first general Councils and knows and declares himself prepared to receive any further Truth that he yet knows not when made appear to be so from Reason Scripture or Just Tradition cannot justly be charged with Schism from the Catholick Faith Methinks those that glory in the Old Religion should be of this mind and indeed in all reason they ought to be so unless they can shew an Older and better means of knowing the Catholick Faith than this what is controverted about it we shall find hereafter in its due place In the mean time give me leave to Note that our more Learned and Moderate Adversaries do acquit such a man or Church both from Heresie and Schism and indeed come a great deal nearer to us in putting the issue of the Controversie very fairly upon this unquestionable Point They who first Separated themselves Mr. Knot in fid unm c. 7. s 112. p. 534. from the Primitive pure Church and brought in Corruptions in Faith Practise Lyturgy and use of Sacraments may truly be said to have been Hereticks by departing from the pure Faith and Schismaticks by dividing themselves from the external Communion of the true uncorrupted Church 2. Object Worship A second band of external Communion is 2 Worship Publick Worship in which Separation from the Church is notorious But here Publick Worship must be understood only so far as it is a bond of Communion and no farther otherwise there is no breach of Communion though there be difference in Worship and consequently no Schism This will appear more plainly if we distinguish of Worship in its Essentials or Substantials and its Modes Circumstances Rites and Ceremonies 'T is well argued by the Bishop of Calcedon that none may Separate from the Catholick Church or indeed from any particular in the Essentials or Substantial Parts of Worship for these are God's ordinary means of conveying his Grace for our Salvation and by these the whole Church is knit together as Christ's visible body for Divine Worship But what are these Essentials of Worship Surely nothing else but the Divine Ordinances whether moral or positive as abstracted from all particular Modes not determined in the Word of God Such as Prayer the reading the Holy Canon interpreting the same and the Sacraments therefore that Church that worships God in these Essentials of Worship cannot be charged in this particular with Schism or dividing from the Catholick Church Aud as for the Modes and particular Rites of Worship until one Publick Liturgy and Rubrick be produced and proved to be the Rule of the Catholick Church if not imposed by it there is no such bond of Union in the Circumstantial Worship in the Catholick Church and consequently no Schism in this respect Much less may one particular Church claim from another par in parem non habet imperium exact Communion in all Rites and Ceremonies or for want thereof to cry out presently Schism Schism Indeed our Roman Adversaries do directly and plainly assert that about Rites and Ceremonies the guilt of Schism is not concerned and that particular Churches may differ from one another therein without breach of Communion Though for a Member of a particular Church to forsake the Communion of his own Church in the Essentials of Worship meerly out of dislike of some particular innocent Rites seems to deserve a greater Censure But the Roman Recusants in England have a greater difficulty upon them to excuse their total Separation from us in the Substantials of our Worship at which they can pretend to take no offence and wherein they held actual Communion with us many years together at the beginning of Queen Eliz. Reign against the Law of Cohabitation observed in the Scripture where a City and a Church were commensurate contrary to the Order as one well observes which the Ancient Church took for preserving Vnity and excluding Schism by no means suffering such disobedience or division of the Members of any National Church where that Church did not divide it self from the Catholick And lastly contrary to the Common right of Government both of our Civil and Ecclesiastical Rulers and the Conscience of Laws both of Church and State But their pretence is Obedience to the Pope which leads us to consider the third great bond of Communion Government 3. Object Government Thirdly The last bond of Ecclesiastical external Government Communion is that of Government that is so far as it is lawful in it self and exerted in its Publick Laws This Government can have no influence from one National Church to another as such because so far they are equal par in parem but must be yielded by all Members of particular Churches whether National Provincial or truly Patriarchal to their proper Governours in all lawful things juridically required otherwise the guilt of Schism is contracted But for the Government of the Catholick we cannot find it wholly in any one particular Church without gross Vsurpation as is the plain sence of the Ancient Church indeed it is partly found in every Church it was at first diffused by our Vniversal Pastor and Common Lord into the hands of all the Apostles and for ought hath yet appeared still lies abroad among all the Pastors and Bishops of particular Churches under the power protection and assistance of Civil Authority Except when they are collected by just power and legal Rules into Synods or Councils whether Provincial National or General here indeed rests the weight of the Controversie but I doubt not it will at last be found to make its way against all contradiction from our Adversaries In the mean time we do conclude while we profess and yield all due obedience to our proper Pastors Bishops and Governours when there are no Councils sitting and to all free Councils wherein we are concerned lawfully convened we cannot be justly charged wiih Schism from the Government of the Catholick Church though we stiffly deny obedience to a Forreign Jurisdiction
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
Succession except their own and appropriating all Original Jurisdiction to themselves And that which draws Sedition and Rebellion as the great aggravation of their Schism they Challenge a temporal Power over Princes either directly or indirectly Thus their Charge against us is Disobedience Our Charge against them is Usurpation and abuse of Power If we owe no such Obedience or if we have cause not to obey we are acquitted If the Pope have both power and reason of his side we are guilty If he fail in either the whole weight of Schism with all its dreadful Consequences remains upon him or the Court of Rome The Conclusion TThus we see the Controversie is broken into two great points 1. Touching the Papal Authority in England 2. Touching the Cause of our denying Communion in some things with the Church of Rome required by that Authority Each of these I design to be the matter of a distinct Treatise This first Book therefore is to try the Title The Sum of this first Treatise betwixt the Pope and the Church of England Wherein we shall endeavour impartially to examine all the Pleas and Evidences produced and urged by Romanists on their Masters behalf and shew how they are answered and where there appears greatest weight and stress of Argument we shall be sure to give the greatest diligence Omitting nothing but vnconcluding impertinencies and handling nothing lightly but colours and shadows that will bear no other Now to our Work CHAP. II. An Examination of the Papal Authority in England Five Arguments Proposed and briefly reflected on THis is their Goliah and indeed their whole Army if we rout them here the day is our own and we shall find nothing more to oppose us but Skirmishes of Wit or when they are at their Wits end fraud and force as I am troubled to observe their Use hath been For if the See of Rome hath no just claim or Title to govern us we cannot be obliged to obey it and consequently these two things stand evident in the light of the whole world We are no Schismaticks though we deny obedience to the See of Rome seeing it cannot justly challenge it 2dly Though we were so yet the See of Rome hath no power to consure us that hath no power to govern us And hereafter we shall have occasion further to conclude that the Papal Authority that hath nothing to do with the English Church and yet rigorously exacts our obedience and censures us for our disobedience is highly guilty both of Ambition in its unjust claim and of Tyranny in unjust execution of an usurped power as well in her Commands as Censures which is certainly Schism and aliquid ampliùs They of the Church of Rome do therefore mightily bestir themselves to make good their claim without which they know they can never hope either to gain us or secure themselves I find five several Titles pretended though methinks the power of that Church should be built but upon one Rock 1. The Pope being the means of our first Conversion as they say did thereby acquire a Right 1. Conversion for himself and successors to govern this Church 2. England belongs to the Western Patriarohate 2. Patriarch and the Pope is the Patriarch of the West as they would have it 3. Others found his Right in Prescription and 3. Prescription long continued possession before the Reformation 4. Others flee much higher and derive this 4. Infallibility power of Government from the Infallibility of the Governor and indeed who would not be led by an unerring Guide 5. But their strong hold to which at last resort 5. Succession is still made is the Popes Vniversal Pastorship as Successor to St. Peter and supreme Governor not of Rome and England only but of the whole Christian World Before we enter upon trial of these severally we shall briefly note that where there are many Titles pretended Right is justly suspected especially if the Pretences be inconsistent 1. Now how can the Pope as the Western Patriarcb or as our first Converter pretend to be our Governor and yet at the same time pretend himself to be universal Bishop These some of our suttlest Adversaries know to imply a contradiction and to destroy one another 2. At first sight therefore there is a necessity on those that assert the universal Pastorship to wave the Arguments either from the Right of Conversion or the Western Patriarchate or if any of them will be so bold as to insist on these he may not think the Chair of St. Peter shall be his Sanctuary at a dead lift 3. Also for Possession what need that be pleaded if the Right be evident Possession of a part if the Right be universal unless by England the Pope took livery and Seisen for the whole world Besides if this be a good plea it is as good for us we have it and have had it time out of mind if ours have not been quiet so neither was theirs before the Reformation 4. For Infallibility that 's but a Qualification no Commission Fitness sure gives no Authority nor desert a Title and that by their own Law otherwise they must acknowledge the Bishops of our Church that are known to be as learned and holy as theirs are as good and lawful Bishops as any the Church of Rome hath Thus we see where the Burthen will rest at last and that the Romanists are forced into one only hold One great thing concerns them to make sure or all is lost the whole Controversir is tied to St. Peters Chair the Supremacy of the Pope must be maintained or the Roman and Catholick are severed as much as the Church of England and the Church of Rome and a great breach is made indeed but we are not found the Schismaticks But this is beside my task Lest we should seem to endeavour an escape at any breach all the said five Pleas of the Romanists shall be particularly examined and the main Arguments and Answers on both sides faithfully and exactly as I can produced And where the Controuersie sticks and how it stands at this day noted as before we promised CHAP. III. Of the Popes Claim to England from our Conversion by Eleutherius Gregory THis Argument is not pressed with much confidence in Print though with very much in Discourse to my own knowledge Perhaps 't is rather popular and plausible than invincible Besides it stands in barr against the Right of St. Peter which they say was good near six hundred years before and extends to very many Churches that received grace neither by the means of St. Peter or his pretender Successor except they plead a right to the whole Church first and to a part afterwards or one kind of right to the whole and another to a part The truth is if any learned Romanist shall insist on this Argument in earnest he is strongly suspected either to deny or question the Right of St. Peter's Successor
should if they would save their Head whole Therefore after much ado to very Schis diarm p. p. 157. little purpose S. W. concludes against Doctor Hammond thus Besides saith he were all this granted what is it to your or our purpose Since we accuse you not of Schism for breaking from the Pope's Subjection as a Private Patriarch but as the chief Pastor and the Head of the Church So there is an end of their Second Plea CHAP. V. The Third Papal Claim viz. Prescription or long Possession Case Stated Their Plea our Answer in three Propositions THe true state of the case here is this Case stated It cannot be denied but the Church of England was heedlesly and gradually drawn into Communion with the Roman Church in her additions superinduced upon the ancient Faith and Worship and likewise into some degrees of subjection to Papal Jurisdiction And in this Condition we had continued for some considerable time before King Henry the Eighth and that bold King upon what Motives is not here material with the consent of his three Estates in Parliament both houses of the Convocation and both the Vniversities of the Land threw off the Roman Yoke as a manifest Vsurpation and a very grievous oppression and recovered the people and Church of England to their ancient liberties of being governed by their own domestick Rulers Afterwards in the Reigns of Edward the Sixth and Queen Elizabeth and by their proper Authority we reformed our selves by throwing off the Roman Additions to our Faith and Worship Had we gone about a Reformation while we acknowledged subjection to the See of Rome or indeed before we had renounced it there had been more colour to charge us with Schism and disobedience But now the proper question is first whether the State of England did then justly reject the Jurisdiction of the Pope in England and only consequently whether we did afterwards lawfully Reform without him The cause of our Reformation belongs to another Argument which we shall meet hereafter The papal Plea here is the Popes Authority was established here by long Possession and therefore Plea if nothing else could be pleaded for it Prescription was a good Title and therefore it was injurious and Schismatical first to dispossess him and then to go about to reform without him Our Answer is home and plain in these Three Propositions 1. The Church of England was never actually Ans under the Popes Jurisdiction so absolutely as is pretended 2. The Possession which it had obtained here was not sufficient to create the Pope a good Title 3. Or if it were yet that Title ceased when he lost his Possession CHAP. VI. Prop. I. The Papacy had no Power here for the first Six Hundred Years St. Aug. Dionoth THe first Proposition is this that the Church of England was not actually under the Papal Jurisdiction so absolutely as is pretended that is neither Primarily for Plenarily First not Primarily in that we were free from 1. Not Primarily the Papal Power for the first Six Hundred Years This is confirmed beyond all exception by the entertainment Augustine found among the sturdy Brittains when he came to obtrude that Jurisdiction upon them whence 't is evident that at that time which was near six hundred In Fact or Belief years after Christ the Pope had neither actual possession of Government over nor of the belief of the Brittains that he ought to have it The good Abbot of Bangor when pressed to submit to the Roman Bishop answered in the name of the Brittains That he knew no Obedience Spel. conc an 601. due to him whom they called the Pope but the Obedience of Love and adds those full peremptory exclusive words that under God they were to be Governed by the Bishop of Caerleon Which the Lord Primate Bramhall saith is a full demonstrative convincing proof for the whole time viz. the first six hundred years Vind. p. 84 But 't is added that which follows strikes the question dead Augustine St. Gregories Legate proposing three things to the Brittains 1. That they should submit to the Roman Bishop 2. That they should conform to the Roman Customs 3. Lastly That they should joyn with him in Preaching to the Saxons Hereupon the Brittish Clergy assembled themselves together Bishops and Priests in two several Synods one after another and upon mature deliberation they rejected all his propositions Synodically and refused flatly and unanimously to have any thing to do with him upon those terms Insomuch as Augustine was necessitated to return over Sea to obtain his own Consecration and after his return hither to consecrate the Saxon Bishops alone without the assistance of any other Bishop They refused indeed to their own cost Twelve hundred innocent Monks of Bangor shortly after lost their lives for it The foundation of the Papacy here was thus laid in Blood 'T is objected that the story of the Abbot of Obj. Bangor is taken by Sir H. Spelman out of an old Welch Author of suspected credit but all Objections to that purpose are removed by my Lord Primate and Dr Hammond Besides we have other Authority sufficient for it and beyond contradiction The Story in Bede himself as vouched by Bed li. 2. c. 2. T. H. himself against Dr. Hammond puts it beyond all doubt that the Abbot and Monks opposed Austin and would not subject themselves to the Pope of Rome but referred themselves only to their own Governours which is also the general result of other Authors account of this matter and if the matter of Fact be established 't is enough to disprove the Popes Posession at that time whether they did well or ill is not now considered Baleus speaking of that Convention saith Dinoth In Dinoth disputed against the Authority of Rome and defended stoutly fortitèr the Jurisdiction of St. Davids in the affairs of his own Churches The same is observed by Geoffrey of Monmouth and Sigebert and others for which Dr. In an 602. Hammond refers us to the Collection of the Anglicane Councils and Mr. Whelocks Notes on the Saxon Bede p. 115. And indeed the Author of the Appendix written on purpose to weaken this great instance confesseth as much when he concludes Austin in the Right from the miracles and divine vengeance upon the refusers continuing still refractory to his proposals Of the right of the cause we now dispute not and he acknowledgeth that Augustine had not Possession the thing we contend for However this instance being of great moment in the whole Controversie let us briefly examine what T. H. hath said against it T. H. questions the Authority of the Welch Obj. 1 M. S. But the account there is so perfectly agreeable An. to the general account given by others most competent Witnesses and even Bede himself that as we have no necessity to insist much upon it so they have no reason at all to question it Besides if the Reader would more
fully satisfie himself he may see all the exceptions against this by M. S. at large answered by Dr. Hammond and the Arch-Bishop Bramhall But Bede concludes that the Brittains ought Obj. 2 to have yielded in the points specified from the miracle wrought by Augustine upon the blind man and from that divine vengeance prophetically foretold by Augustine 1. We now know what tricks are used to An. counterfeit miracles in the sight of simple people 2 We know not but that miracle might be said but never done as many in the Legends are And Bede might report from very slight tradition a thing tending to the confirming his own Cause 3. By Bede's own Confession the miracle did prevail with the Brittains to acknowledge that the way of Righteousness Augustine preached was the true yet they added that they could not renounce their ancient Customs without the consent and license of their own Superiors i. e. they thought the miracle confirm'd his Doctrine but not the Popes Authority over them And therefore lastly at their second meeting they deemed his Pride a stronger Argument against him than his Miracle for him 2. And for that latter Argument from the Slaughter first threatned and then fulfilled Bed Sigisbert Sure 't was no strange thing that a proud man An. as Augustine appeared to be should threaten Revenge And a bloody minded man to endeavour to execute it as is evident he did Neither is it like a great miracle that a vast Army should first overcome unarmed Monks and then proceed victoriously against other opposers Yet the latter part of the Story quite spoils the miracle or the Argument from it For when Edilfred in the heat of his Rage and Victory proceeded to destroy the Remainder of those Monks the avenger of Blood met him the Brittish Forces routed his Army and killed Ten Thousand and Sixty of them But the Conclusion for my present turn stands firm however that notwithstanding these pretensions of Miracles the Brittish rejected the Papacy and adhered to their proper Governors i. e. the Pope then had not the Possession of them I shall conclude here with that smart reply of Arch-Bishop Bramhall to S. W. To demonstrate evidently how vain all his trifling is against the Testimony of Dionothus why doth he not answer to the corroboratory proof which I brought out of Bede and others of two Brittish Synods held at the same time wherein all the Brittish Clergy did renounce all obedience to the Bishop of Rome of which all our Historiographers do bear Witness Why doth he not answer this but pass it by in so great silence He might as well accuse this of forgery as the other since it is so well attested that Dionothus was a great Actor and disputer in that business SECT I. That no one Part of Papal Jurisdiction was exercised here for the first six hundred years not Ordination St. Telaus c. till 1100 years after Christ c. nor any other IF we consider the Pope's Jurisdiction in its Not plenarily particular Acts we find not so much as any one exercised or acknowledged here during the space of the first six hundred years but as far as History gives us any account thereof all Acts of Jurisdiction were performed by our own Governours First had the Pope had any Jurisdiction here at all it would doubtless have appeared in the Ordination or Consecration of our Bishops Ordinationis Jus caetera Jura sequuntur is a known Rule in Law but 't is evident that our own Primates were independent themselves and ordained Not Ordination new Bishops and created new Bishopricks without licence first obtained from or giving any account thereof to the Pope Saint Telaus Consecrated and ordained Bishops as he thought fit he made one Hismael Bishop of Saint Davids and in like manner advanced many others of the same Order to the same degree sending them throughout the Country and dividing the Parishes for the best accommodation of the Clergy and the People Vid. Regl apud Vsh prim Eccles Brit. p. 56. But were not our Primates themselves nominated Quest or elected by the Pope and Consecrated by him or had license from him The contrary is manifest enough all our Answ Brittish Arch-Bishops and Primates were nominated and elected by our Princes with Synods and ordained by their own Suffragans at home as Dubricius Saint David Sampson c. not only in the Reigns of Aurelius Ambrosius and King Arthur but even until the time of Henry the First after the eleven hundredth year of Christ as Giraldus Cambrensis saith and always until the first Conquest of Wales they were Consecrated by the Arch-Bishop of Saint Davids and he was likewise Consecrated by other Bishops as his Suffragans without professing any manner of Subjection to any other Church Itinera Cambr. l. 2. c. 2. Now is it not fair to expect from our Adversaries one Instance either of a Bishop or Arch-Bishop ordained or Consecrated during the first six hundred years by Papal Authority in Brittain from their own or our Brittish Records But this Challenge made by Arch-Bishop Bramhall receives no answer Here the Bishop of Calcedon only offers Object â— c. that few or no Records of Brittish Matters for the first six hundred years remain This is no Answer saith the Primate while Answ all the Roman Registers are extant yea so extant that Platina the Pope's Library Keeper is able out of them to set down every Ordination made by the Primitive Bishops of Rome and the Persons Ordained He adds Let them shew what Bishops they have Ordained for the first six hundred years I have shewed plainly though he please to omit it out of the List of the Bishops ordained three by Saint Peter eleven by Linus fifteen by Clement six by Anacletus five by Evarastus five by Alexander and four by Sixtus c. that there were few enough for the Roman Province none to spare for Brittain Vid. Bramh. Tom. 1. Disc 3. p. 207. It is said that Saint Peter ordained here but St. Peter that was before he had been at Rome therefore not as Pope of Rome Nor any other Eluth 2. Elutherius sent Fugatius c. but what to do to Baptize King Lucius upon the same Errand he sent Victor into Scotland 3. Palladius and Ninian are instances of men Pallad c. sent to preach to the Picts and Scotland as Saint Patrick into Ireland this was kindly done but we have not one Syllable of any Jurisdiction all this while besides it is remarkable though there be a dispute about Palladius his being sent yet 't is certain he was rejected and after Bed in vit S Pat. l. 1. died in whose place Saint Patrick succeeded without any Mandate from Rome that we read of Jeffry of Monmouth saith that Dubricius Primate Object Legates S. W. of Brittain was Legate of the See Apost and we say that Jeffry tells many Fables and that it is
abominates or that he really exercised that Vniversal Authority and Universal Bishoprick though he so prodigiously lets flie against the Stile of Vniversal Bishop yet all this is said and must be maintained lest we should exclude the Vniversal Pastorship out of the Primitive Church There is a great deal of pitiful stuff used by the Romanist upon this Argument with which I shall not trouble the Reader yet nothing shall be omitted that hath any shew of Argument on their Side among which the words of Saint Gregory following in his Argument are most material Saint Gregory saith the care of the whole Object Church was by Christ committed to the chief of the Apostles Saint Peter and yet he is not called the Vniversal Bishop 'T is confessed that Saint Gregory doth say Sol. that the care of the whole is committed to Saint Peter again that he was the Prince of the Apostles and yet he was not called Vniversal Apostle 't is hence plain that his being Prince of the Apostles did not carry in it so much as Vniversal Bishop otherwise Saint Gregory would not have given the one and denied him the other and 't is as plain that he had the care of all Churches and so had Saint Paul but 't is not plain that he had Power over all Churches Doctor Hammond proceeds irrisistibly to prove the contrary from Saint Gregory himself in the Novels if any Complaint be made saith he against a Bishop the Cause shall be judged before the Metropolitane Secundum Regulas Ex Reg. lib. 11. Ep. 54. Sanctas Nostras Leges if the Party stand not to his Judgment the Cause is to be brought to the Arch-Bishop or Patriarch of that Diocess and he shall give it a Conclusion according to the Canons and Laws aforesaid no place left for Appeal to Rome Yet it must be acknowledged Saint Gregory Object adds si dictum fuerit c. where there is no Metropolitane nor Patriarch the Cause may be heard by the Apostolick See which Gregory calls the Head of all Churches Now if this be allowed what hath the Pope Sol. gained if perhaps such a Church should be found as hath neither Primate nor Patriarch how is he the nearer to the Vniversal Authority over those Churches that have Primates of their own or which way will he by this means extend his Jurisdiction to us in England who have ever had more than one Metropolitane the Arch-Bishop of Canterbury was once acknowledged by a Pope to be Alterius Orbis Apostolicus Patriarch But admitting this extraordinary Case that where there is neither Metropolitan nor Patriarch there they are to have recourse to the See Apostolick 't is a greater wonder that the Romanist should insist upon it then that his late Grace should mention it at which A. C. so much admires for this one observation with the assistance of that known Rule in Law exceptio confirmat Regulam in non exceptis puts a plain and speedy end to the whole Controversie for if recourse may be had to Rome from no other place but where there is neither Primate nor Patriarch then not from England either when Saint Gregory laid down the Rule or ever since and perhaps then from no other place in the World and indeed provision was thus made against any such extraordinary Case that might possibly happen for it is but reason that where there is no Primate to appeal to appeal should be received somewhere else and where better than at Rome which Saint Gregory calls Caput omnium Ecclesiarum and this is the utmost advantage the Romanist can hope to receive from the Words But we see Saint Gregory calls Rome the Head Object of all Churches 'T is true whether he intends a Primacy of Sol. Fame or visible Splendor and Dignity being the Seat of the Emperor or Order and Vnity is not certain but 't is certain he intends nothing less by it than that which just now he denied a Supremacy of Power and Vniversal ordinary Jurisdiction he having in the words immediately fore-going concluded all ordinary Jurisdiction within every proper Primacy or Patriarchate But saith S. W. Saint Gregory practised the Object thing though he denied the Word of Vniversal What Hypocrisie damn the Title as he Sol. doth and yet practise the thing you must have good proof His first Instance is of the Primate of Byzacene wherein the Emperor first put forth his Authority and would have him judged by Gregory Piissimus Imperator eum per nos voluit Vid. Ep. 65. l. 7. judicari saith Gregory Hence as Doctor Hammond smartly and soundly observes that Appeals from a Primate lie to none but the Supreme Magistrate To which purpose in the Case of Maximus Bishop of Solana decreed excommunicate Ep. l. 3. Ep. 20. by Gregory his Sentence was still with this reserve and submission nisi prius unless I should first understand by my most Serene Lords the Emperors that they commanded it to be done Thus if this perfect instance as S. W. calls it have any force in it his Cause is gone what ever advantage he pretends to gain by it Besides the Emperors Command was that Gregory should judge him juxta Statuta Canonica and Gregory himself pleads quicquid esset Canonicum Judicaremus Thus S. W's Cause is killed twice by his own perfect instance for if Saint Gregory took the Judgment upon him in obedience to the Emperor and did proceed and was to proceed in judging according to the Canons where was then the Vniversal Monarchy Yet it is confessed by Dr. Hammond which is a full answer to all the other not so perfect instances that in case of injury done to any by a Primate or Patriarch there being no lawful Superior who had power over him the injured person sometimes made his complaint to the Pope as being the most Eminent Person in the Church and in such case he questionless might and ought in all fraternal Charity admonish the Primate or Patriarch or disclaim Communion with him unless he reform But it ought to be shewn that Gregory did formally excommunicate any such Primate or Patriarch or juridically and authoritively act in any such Cause without the express license of the Emperor which not being done his instances are answered besides Saint Gregory always pleads the Ancient Canons which is far from any claim of Vniversal Pastorship by Divine Right or Donation of Christ to Saint Peter I appeal saith Doctor Hammond to S. W. whether that were the Interpretation of secundùm Canones and yet he knows that no other Tenure but that will stand him in stead Indeed the unhappiness is as the Doctor Vid. dispat disp p. 408. to p 423. observes that such Acts at first but necessary fraternal charity were by ambitious men drawn into example and means of assuming power of Vniversal Pastorship which yet cannot be more vehemently prejudiced by any thing than by those Ancient examples which being rightly
considered pretend no higher than Ecclesiastical Canons and the Universal Laws of Charity but never made claim to any Supremacy of power over all Bishops by Divine Institution It yet appears not that Saint Gregory practised the thing but to avoid Arrogance disclaims the name of Vniversal Bishop A. C. against my Lord of Canterbury goes another way to work he grants the Title and also the thing signified by it to be both renounced by Saint Gregory but distinguishes of the Term Vniversal Bishop into Grammatical to the exclusion of all other Bishops from being properly Bishops and Metaphorical whereby the Bishops are secured as such in their respective Diocesses yet all of them under the Jurisdiction of the Vniversal Bishop viz. of Rome This distinction Doctor Stillingfleet destroys Sol. not more elaborately than fully and perfectly shewing that 1. 't is impossible Saint Gregory should understand the Term of Vniversal Bishop Lib. 4. Ep. 32. in that strict Grammatical Sense for the reason why this Title was refused was because it seemed to diminish the honour of other Bishops when it was offered the Bishops of Rome in a Council of six hundred and thirty Bishops who cannot be imagined to divest themselves by their kindness of their very Office though they hazarded somewhat of their honour Can we think the Council that gave the same Title to John intended thus to depose themselves how comes it to pass that none of John's or Ciriacus's Successors did ever challenge this Title in that literal sence if so it was understood But to wave many things impertinent 't is evident Saint Gregory understood the Title Metaphorically from the reasons he gives against it which also equally serve to prove against S. W. that it was not so much the Title as the Authority of an Vniversal Bishop which he so much opposed He argueth thus to John the Patriarch What wilt thou answer to Christ the Head of the Vniversal Lib. 4. Ep. 38. Church in the day of Judgment who doest endeavour to subject all his Members to thee under the name of Vniversal Bishop Again doth he not arise to the height of Singularity Ibid. that he is Subject to none but Rules over all and can you have a more perfect description of the present Pope than is here given or is it the Title or the Power that makes him Subject to none that Rules over all Again he imitates the pride of Lucifer endeavouring Ibid. to be Head not sure in Title but Power of the Church Triumphant as the Pope of the Church Militant Exalting his Throne Ibid. not his Name as Gregory adds above the Stars of God viz. the Bishops and the height of the Clouds Again Saint Peter was the first Member of the Church Paul Andrew and John what are they else but Heads of particular Churches and yet they are all Members of the Church under one Head i. e. Christ as before he had said we see he allows not Peter himself to be Head of the Church None that was truly Holy was ever called by that name of Vniversal Bishop which he makes to be the same with the head of the Church But Lastly suppose St. Gregory did mean that this Title in its strict grammatical sence was to be abhorred and not as Metaphorically taken What hath the Pope gained who at this day bears that Title in the highest and strictest sence imaginable as the Dr. proves and indeed needs no proof being evident of it self and to the observation of the whole world Thus all the hard words of St. Gregory uttered so long agon against such as admitted or desired that Title unavoidably fall upon the Modern Roman Bishops that take upon them to be the sole Pastors of the Church and say that they are Oecumenical Bishops and that all Jurisdiction is derived from them They are Lucifers and Princes of Pride using a vain new rash foolish proud profane erroneous wicked hypocritical singular presumptuous blasphemous Name as that holy Pope inveighed against it Moreover as he also adds they transgress Gods Laws violate the Canons dishonour the Church despise their Brethren and cause Schism Istud nomen facere L. 6. ep 30 31. Obj. in dissessionem Ecclesiae But it is said that Pope Victor excommunicated the Asian Churches all at once Therefore saith A. C. the Pope had of right some Authority over the Asian Bishops and by confequence over the whole Church And this appears in that Irenaus in the name of the Gallican Bishops writes to Victor not to proceed so rashly in this Action as appears in Eusebius 1. We answer that those Bishops among Sol. whom Irenaeus was one did severely rebuke that Pope for offering to excommunicate those Asian Vid. Eus l. 5. c. 24. Churches Therefore they did not believe him to be the Supreme Infallible Pastor of the whole Church 2. His Letters declaring that Excommunication Ibid. not pleasing all his own Bishops they countermanded him Surely not thinking him to be what Popes would now be esteemed 3. Hence Card. Perron is angry with Eusebius and calls him an Arrian and an enemy to the Church of Rome for hinting that though the Pope did declare them excommunicate yet it took no effect because other Bishops continued still in Communion with them 4 But the force of the whole Argument leans upon a plain mistake of the Ancient Discipline both in the Nature and the Root or Ground of it For the nature of Ancient Excommunication Mistake of the nature Root of Discipline especially when practised by one Church against another did not imply a Positive Act of Authority but a Negative Act of Charity or a declaring against the Communion of such with themselves And therefore was done by Equals to Equals and sometimes by Inferiors to Superiors In Equals thus Johannes Antiochenus in the Ephesine Council excommunicated Cyril Patriarch Vict. Tu. nu cro p. 10. of Alexandria and in Inferiors in the sence of our Roman Adversaries for the African Bishops excommunicated Pope Vigilius Hence also Acacius the Patriarch of Const expunged the Name of Foelix Bishop of Rome out of the Dipticks of the Church And Hilary anethamatized Pope Liberius therefore Victors declaring the Asian Churches to be excommunicate is no argument of his power over them 2. The Root or Ground of the ancient Discipline is also as plainly mistaken which was not Authority always but Care and Charity Care I say not only of themselves who used it but also of the Church that was censured and indeed of the whole Church 'T is here proper to consider that though Bishops had their peculiar Seats and Limits for their Jurisdictions yet they had all a charitive inspection and care of that universal Church and sometimes denominations accordingly Hence we deny not that the ancient Bishops of Rome deservedly gained the Title of Oecumenical Bishops a thing of so great moment in the Controversie that if well considered might
advance very far towards the ending of it For so the Title hath been given to others as well as the Bishop of Rome and therefore it could not argue any Authority peculiar to him Also the same universalcare of the Church the occasion of the Title hath been acknowledged in others as well as in him and indeed the power which is the Root of that Care as the occasion of that Title is founded in all Bishops Here are three things noted which may be 3 Notes distinctly considered 1. Power is given to all Bishops with an immediate respect to the good of the whole Church So that if it were possible that every particular Bishop could take care of the whole Church they have Authority enough in their Function to do it though it be impossible and indeed inconsistent with peace and order that all should undertake it And therefore they have their bounds and limits set them hence their particular Diocesses therefore as St. Cyprian there is but one Bishoprick in the whole World a part of which is held by every Bishop 2. Thus we find in the primitive Church that every Bishop had his particular Charge yet they still regarded the common good extending their care the second thing observed sometimes beyond their own division by their council and direction yea and exercised their functions sometimes in other places Of which Dr. Stillingfleet Rat. ac p. 424 425. gives many instancesin Polycarp Ignatius Irenaeus St. Cyprian Faustus Yea upon this very ground Nazianzen saith Or. 18. p. 281. of St. Cyprian that he not only governed the Churches of Carthage but all the Western parts and even almost all the Eastern Southern and Northern too as far as he went Arsenius speaks more home to Athanasius Atha ap ad Imp. Const p. 786 c. We embrace saith he Peace and Vnity with the Catholick Church over which Thou through the Grace of God dost preside Whence Gregory Or. 21. p. 392. Naz. saith of Athanasius that he made Laws for the whole Earth And St. Basil writes to him Ep. 52. that he had care of all the Churches as of his own and calls him the Head and Chief of all And St. Chrisostom in the praise of Eustathius Tom. 5. p. 631. Savil. the Patriarch of Antioch saith that he was instructed by the divine Spirit that he was not only to have care of that Church over which he was set but of the whole Church throughout the world Now what is this but to say in effect these great men were universal Bishops though indeed they none of them had power of Jurisdiction over any Church but their own as notwithstanding the general care of the ancient good Bishops of Rome had of the good of the whole and their Influence and Reverence in order thereunto the Bishops of Rome had not 3. Upon the former ground and occasion some Bishops in the most famous Churches had the honour of the Title of Oecumenical or Universal Bishops But here we must confess the Bishops of Rome had the advantage being the most famous of all both by reason of their own primitive merit and the glory of the Empire especially the latter The Roman Empire was it self accounted universal and the greatness of the Empire advanced the Church to the same Title and consequently the Bishops of that Church above others 1. That the Roman Empire was so appears R. ac p. 425 426. by a multitude of Testimonies making orbis Romanus orbis humanus Synonimous collected by Dr. Still Hence Am. Marcellinus calls L. 14. c. 16. Rome Caput Mundi the head of the World And the Roman Senate Asylum Mundi totius And it was usual then to call whatever was o◠of the Roman Empire Barbaria as the same Dr. Ibid. proves at large Therefore that Empire was called in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Act. 11. 28. 2. Some Bishops in the great Churches in the Roman Empire were called Oecumenical as that relates to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 viz. the Roman Empire This appears because the very ground of the advancement of the Patriarch of Constantinople was the greatness of the City as appears in the Councils of Constantinople and Calcedon about it and the priviledges of old Rome gave the measure of the priviledges of new Rome And in probability the ground of that Patriarch's usurping the Title of Oecumenical Patriarch was but to correspond with the greatness P. 426. of his City which was then the Seat of the Empire as Dr. Still very reasonably Conjectures Moreover all the three Patriarchs of Alexandria Antioch and Constantinople had expressions given them tantamount to that Title The government of the whole World the care of all R. ac p. 426. the Churches the government as it were of the whole body of the Church as Dr. Stillingfleet particularly shews But most clear and full to that purpose Theod. Haer. fab l. 4. c. 14. p. 245. To. 4. oper as he observes is the Testimony of Theodoret concerning Nestorius being made Patriarch of Constantinople He was intrusted with the Government of the Catholick Church of the Orthodox at Constantinople and thereby of the whole World Where shall we find so illustrious a Testimony for the Bishop of Rome or if we could we see it would prove nothing peculiar to him Therefore if the Council of Calcedon did offer the Title of universal Patriarch or if they did not but as the truth rather is some Papers received in that Council did give him that Title it signifieth nothing to prove the Popes universal Authority Therefore Sim. Vigorius ingeniously confesseth Comento ad Res Syn. Conc. Bas p. 36. that when the Western Fathers call the Roman Bishops Bishops of the universal Church they do it from the custom of their Churches not that they look on them as universal Bishops of the whole Church but in the same sence that the Patriarchs of Constantinople Antioch Alexandria Jerusalem are called so or as they are universal over the Churches under their own Patriarchate or that in Oecumenical Councils they preside over the whole Church and after acknowledgeth that the Title of universal or oecumenical Bishop makes nothing for the Popes Monarchy It is too evident that that humble Pope Gregory seems to glorifie himself while he so often mentions that offer of the Title of Vniversal and his refusing of it and inveighing against it and that these were Engines used by him to deprive others of the same Title if not to advance his own See to the power signified by it though if he did indeed design any such thing it is an argument that he was ashamed openly to claim or own it while he rails against the Title in the effects of it which depended upon the power it self as such an abominable thing However if the Council of Calcedon did indeed offer or only record that Title to Gregory it is more than manifest
it could not possibly be intended to carry in it the Authority of the whole Church or any more than that qualified sence of Vigorius before mentioned because other Patriarchs had the same Title and we see no reason to believe that that Council intended to subject themselves and all Patriarchs to the Authority of the Western Pope contrary to their great design of advancing the See of Constantinople to equal priviledges with that of Rome as appears by their 16 Sess Can. 28. and their Synodical Epistle to Pope Leo. Thus the bare Title is no Argument and by what hath been said touching the grandure of the Roman Empire and the answerable greatness and renown of the Roman Church frequent recourse had unto it from other Churches for counsel and assistance is of no more force to conclude her Supremacy nor any matter of wonder at all Experience teacheth us that it is and will be so in all cases not only a renowned Lawyer Physician but Divine shall have great resort and almost universal addresses An honest and prudent Countryman shall be upon all Commissions the Church of Rome was then famous both for Learning Wisdom Truth Piety and I may add Tradition it self as well as greatness both in the eye of the world and all other Churches and her Zeal and care for general good keeping peace and spreading the grace of the Gospel was sometimes admirable And now no wonder that Applications in difficult cases were frequently and generally made hither which at first were received and answered with Love and Charity though soon after the Ambition of Popes knew how to advance and hence to assume Authority From this we see it was no great venture Iren. l. 3. c. 3. how ever A. C. Term it for Arch-Bishop Laud to grapple with the Authority of Irenaeus who saith to this Church meaning Rome propter potentiorem Principalitatem for the more powerful Principality of it 't is necessary that every Church that is the faithful undique should have recourse in qua semper ab his qui sunt undique conservata estâ—ea quae est ab Apostolis traditio His Lordship seems to grant the whole Rome being then the Imperial City and so a Church of more powerful Authority than any other yet not the Head of the Church Vniversal this may suffice without the pleasant criticizing about undique with which if you have a mind to be merry you may entertain your self in Dr. Still p. 441. c. But indeed A. C. is guilty of many Mistakes in reasoning as well as criticizing he takes it for granted that this Principality is attributed by Irenaeus here to Rome as the Church not as the City 2. That the necessity arising hence was concerning the Faith and not secular Affairs neither of which is certain or in likelihood true vid. Dr. Still p. 444. Besides if both were granted the necessity is not such as supposeth Duty or Authority in the faithful or in Rome but as the sense makes evident a necessity of expedience Rome being most likely to give satisfaction touching that Tradition about which that dispute was Lastly the Principality here implies not proper Authority or Power to decide the Controversie one kind of Authority it doth imply but not such as A. C. enquired for not the Authority of a Governor but of a Conservator of a Conservator of that Truth that being made known by her might reasonably end the quarrel not of an absolute Governour that might command the Faith or the Agreement of the Dissenters This is evident 1. Because the Dispute was about a matter of Fact whether there was any such Tradition or not as the Valentinians pretended 2. Because Irenaeus refers them to Rome under this reason conservata est the Apostolical Traditions are kept there being brought by the faithful undique thither and therefore brought thither because of the more Principality of the City all persons resorted thither Lastly It is acknowledged that Pope Gregory Obj. Eph. 65. ind 2. doth say that if there be any fault in Bishops it is subject to the Apostolical See but when their fault doth not exact it that then upon the account of Humility all were his Equals Indeed this smells of his ambition and design Sol. before spoken of but if there be any truth in it it must agree with the Canon Saint Gregory himself records and suppose the faulty Bishop hath no proper Primate or Patriarch to judge him also with the proceeding then before him and suppose Complaint to the Emperor and the Emperor's subjecting the Cause to the Apostolical See as that Cause was by Saint Gregory's own Confession However what he seems here to assume to his own See he blows away with the same breath denying any ordinary Jurisdiction and Authority to be in that See over all Bishops while he supposes a fault necessary to their subjection and that while there is no fault all are equall which is not true where by a lawful standing ordinary Government there is an eternal necessity of Superiority and Inferiority But of this I had spoken before had I thought as I yet do not that there is any weight or consequence in the words Further Evidence that the Ancient Popes themselves though they might thirst after it did not believe that they were Vniversal Bishops and Monarks over the whole Church and that they did not pretend to it in any such manner as to make the World believe it I say further evidence of this ariseth from their acknowledged subjection to the Civil Magistrate in Ecclesiastical Affairs Pope Leo begged the Emperor Theodosius with tears that he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he would Command not permit a Council to be held in Italy that sure was not to signifie his Authoritative desires That Instance of Pope Agatho in his Epistle to the Emperor is as pertinent as the former 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. with praise we admire your Conc. Tom. 5. p. 60. E. F. purpose well pleasing to God not to the Pope and for these Commands of yours we are rejoyced and with groans give thanks to God and many such Doctor Hammond saith might be afforded Pope Gregory received the power of hearing and determining Causes several times as he himself confesseth from the Emperor as we shewed before Hence Pope Eleutherius to King Lucius you are the Vicar of Christ the same in effect which is contained in the Laws of Edward the Confessor And Pope Vrban the Second entertained our Arch-bishop Anselm in the Council of Bar with the Title of the Pope of another World or as some relate it the Apostle of another World and a Patriarch worthy to be reverenced Malm. pro. ad lib. de gest pont Angl. Now when the Bishops of Rome did acknowledge that the Civil Magistrate had power to command the assembling of general Councils and to command Popes themselves to hear and determine Ecclesiastical Causes when they acknowledged the King of England
the Nicene Canons they were contented to yield that it should be so till the true Canons were produced Now what can the Reader desire to put an eternal end to this Controversie and consequently to the claim of the universal Pastor in this Age but an account of the Judgment of this Council when they had received the Copy of the Nicene Canons on which the point depended out of the East This you have in that excellent Epistle of theirs to Pope Celastine who succeeded Boniface and the elaborate Dr. Stillingfleet who searcheth R. ac p. 410 411. all things to the bottom hath transcribed it at large as a worthy Monument of Antiquity and of very great light in the present Controversie To him I shall refer the Reader for the whole and only note some few expressions to the purpose We say they humbly beseech you to admit no more into your Communion those whom we have cast out For your Reverence will easily perceive that this is forbid in the Council of Nice For if this be taken care for as to the inferior Clergy and Laity how much more would it have it to be observed in Bishops The Decrees of Nice have subjected both the inferior Clergy and Bishops to their Metropolitans for they have most wisely and justly provided that every business be determined in the place where it begun Especially seeing that it is lawful to every one if he be offended to appeal to the Council of the Province or even to an universal Council Or how can a Judgment made beyond the Sea be valid to which the Persons of necessary Witnesses cannot be brought by reason c. For this sending of men to us from your Holiness we do not find it commanded by any Synod of the Fathers And as for that Council of Nice we cannot find it in the truest Copies sent by holy Cyril Bishop of Alexandria and the venerable Atticus Bishop of Constantinople which also we sent to your Predecessor Boniface Take heed also of sending any of your Clerks for Executors to those who desire it lest we seem to bring the swelling pride of the World into the Church of Christ and concerning our brother Faustinus Apiarius being cast out we are confident that our brotherly Love continuing Africa shall no more be troubled with him This is the sum of that famous Epistle the Pope and the African Fathers referred the point in difference to the true Canons of the Nicene Council The Canons determine against the Pope and from the whole story 't is inferred evidently 1. That Pope Boniface himself implieth his Jurisdiction was limited by the general Council of Nice and that all the Laity and Clergy too except Bishops that lived beyond the Seas and consequently in England were exempted from his Jurisdiction by that Council 2. Pope Boniface even then when he made his claim and stood upon his terms with the African Fathers pleads nothing for the appeals of transmarine Bishops to Rome but the allowance of the Council of Nice no tu es Petrus then heard of 3. Then it seems the practices of Popes themselves were to be ruled and judged by the ancient Canons and Laws of the Church 4. The African Fathers declared the Pope fallible and actually mistaken both to his own power and sense of the Council Proving substantially that neither Authority from Councils nor any foundation in Justice Equity or order of Government or publick Conveniency will allow or suffer such Appeals to Rome and that the Pope had no authority to send Legates to hear causes in such cases All these things lye so obviously in prejudice both of the Popes Possession and Title as universal Pastor at that time both in his own the Churches sence that to apply them further would be to insult which I shall forbear seeing Baronius is so ingenious as to confess there are some hard things in this Epistle And Perron hath hereupon exposed his Wit with so much sweat and so little purpose but his own Correction and Reproach as Dr. Still notes Yet we may modestly conclude from this one plain instance that the sence of the Nicene Council was defined by the African Council to be against the Popes Supremacy and consequently they did not submit to it nor believe it and a further consequence to our purpose is that then the Catholick Church did not universally own it i. e. the Popes Supremacy then had not Possession of the faith of the whole Church For as A. C. p. 191. maintains the Africans notwithstanding the contest in the sixth Council of Carthage were always in true Communion with the Roman Church even during the term of this pretended Separation And Caelestine himself saith that St. Augustine one of those Fathers lived and dyed in the Communion of the Roman Church SECT IX The Conclusion touching Possession Anciently VVE hope it is now apparent enough that the Popes Supremacy had no possesion in England from the beginning or for the first six hundred years either de facto or in fide Our Ancestors yielded not to it they unanimously resisted it and they had no reason to believe it either from the Councils or practice of the Church or from the Edicts and Rules of the imperial Law or the very sayings of the Popes themselves Thus Sampson's Hair the strength and Pomp of their best Plea is cut off The foundation of the Popes Supremacy is subverted and all other pleas broken with it If according to the Apostles Canons every Nation had its proper Head in the beginning to be ackonwledged by them under God And according to a general Council all such Heads should hold as from the beginning there can be no ground afterwards for a lawful possession to the contrary If tu es Petrus pasce Oves have any force to maintain the Popes Supremacy why did not the ancient Fathers the Authors of those Canons see it Why was not it shewn by the Popes concerned in bar against them when nothing else could be pleaded When both Possession and Tradition were to be begun and had not yet laid their Foundation Yea when actual opposition in England was made against it when general Councils abroad laid restraints upon it and the Eastern Church would not acknowledge it Indeed both Antiquity Universality and Tradition it self and all colour of Right for ever fails with possession For Possession of Supremacy afterwards cannot possibly have either a divine or just Tâ—â— but must lay its Foundation contrary to Gods Institution and Ecclesiastical Canon And the Possessor is a Thief and a Robber our Adversaries being Judges He invades others Provinces and is bound to Restore And long Possession is but a protracted Rebellion against God and his Church However it be with the secular Powers Christs Vicar must certainly derive from him must hold the power he gave must come in it at his door And S. W. himself P. 50 against Dr. Hammond fiercely affirmeth That Possession in this
Primacy in the Bishop of Rome or an acknowledged Judgment of direction flowing from it or a claim of Jurisdiction which is no Possession or a partial possession of power in some lesser things or a larger power in greater matters yielded out of curtesie ossitancy or fear or surprize and held only for a time while things were unsetled or by power craft or interest but soon after disclaimed and frequently interrupted for this is not such a Possession as our Adversaries plead for or indeed will stand them in stead But the Question in short is this whether the Pope had a quiet and uninterrupted possession of the Supreme Power over the Church of England in those great Branches of Supremacy denied him by Henry the Eighth for nine hundred years together or for many Ages together before that time This strictly must be the Question for the Complaint is that Hen. 8. disposessed the Pope of the Supremacy which he had enjoyed for so many Ages and made himself Head of the Church of England therefore those very things which that King then denied to the Pope or took from him must be those Flowers of the Supremacy which the Papists pretend the Pope had possession of for so many Ages together before his time Two things therefore and those only are needful to be sought here what those Branches of Power are which Henry the Eighth denied to the Pope and resumed to himself and his Successors and whether the Pope and quietly and without plain interruption possest the same for so many Ages before his time and in order thereunto when and how he got it CHAP. VIII What the Supremacy was which Henry the Eighth took from the Pope the Particulars of it with Notes 'T Is true Henry the Eighth resumed the Title of the only Supreme Head in Earth of the Church of England and denied this Title to the Pope but 't is plain the Controversie was not so much about the Title as the Power the Honours Dignities Jurisdictions Authorities Profits c. belonging or appertaining to the said Dignity of Supreme Head of the Church of England as is evident by the Statute Hen. 8. 26. c. 1. The Particulars of that Power were such as these 1. Henry the Eighth prohibited all Appeals to the Pope An. 24. c. 12. and Legates from Rome 2. He also forbad all payments of money upon any pretence to the Pope An. 25. c. 12. 3. He denied the Pope the Nomination and Consecration of Arch-Bishops and Bishops and Presentations An. 25. 20. 4. He prohibited all Suits for Bulls c. to be made to the Pope or the See of Rome 25. c. 21. 5. He prohibited any Canons to be executed here without the King's Licence An. 25. 19. I have perused the Statutes of King Henry the Eighth and I cannot find any thing which he took away from the Pope but it is reducible to these five Heads touching which by the way we note 1. The Controversie was not about a Primacy of Order or the beginning of Unity but a Supremacy of Power 2. All these things were then denied him not by the King alone but by all the States of the Kingdom in many Statutes 3. The denial of all these Branches of Supremacy to the Pope were grounded upon the Ancient Laws and Customs of the Realm as is usually noted in the Preamble of the said Statutes and if that one thing shall be made to appear we must conclude that the Pope might be guilty of an Vsurpation but could never have a Legal Possession of that Supremacy that is in the question 4. Note that the States of the Kingdom in the Reign of Queen Mary when by means of Cardinal Pool they recognized the Pope's Supremacy An. 1. 11. Mar. c. 8. it was with this careful and express Limitation that nothing therein should be understood to diminish any the Liberties of the Imperial Crown of this Realm which did belong unto it in the Twentieth year of Hen. 8. without deminution or enlargment of the Pope's Supremacy in England as it was in the Twentieth year of Hen. 8. So that Queen Mary and her Parliament added nothing to the Pope but only restored what he had before and when and how that was obtained is next to be examined CHAP. IX Whether the Pope's Supremacy here was in quiet Possession till Henry the Eighth WE have found what Branches of the Pope's Power were cut off by Hen. 8. The Question is whether the Pope had Possession of them without interruption before that time and that we may proceed dictinctly and clearly we shall consider each of the former Branches by themselves and first we begin with the Pope's Power of receiving Appeals from hence which carries a very considerable part of his pretended Jurisdiction SECT I. Of Appeals to Rome Three Notions of Appeal Appeals to Rome Locally or by Legates Wilfrid Anselm Appeals to Rome we have found among these things which were prohibited by Henry the Eighth Therefore no doubt the Pope claimed and in some sort possessed the power of receiving such Appeals before But what kind of Possession how free and how long is worthy to be enquired Appeal is a word taken several ways Sometimes it is only to accuse so we find it in the 3 Senses of Appeal Statutes of the 11 and 21 Rich. 2. Sometimes to refer our selves for judgment to some worthy person so Francfort c. appealed to John Calvin 3. But now it is chiefly used for a removing a cause from an inferior to a Superior Court that hath power of disanulling what the other did In this last sense Historians tell us that Appeals to Rome were not in use with us till about five hundred years agon or a little more viz. the year 1140. These Appeals to Rome were received and judged either in the Popes Court at Rome or by his Legates in England A word or two of each For Appeals to the Pope at Rome the two famous instances of Wilfred and Anselm take up much ◠Locally of our History But they both seem at least at first to have Wilfred appealed to the Pope under the second notion Anselm of appeal Not to him as a proper or legal Judge but as a great and venerable Prelate But not to stick there 't is well known what effect they obtained As for Wilfred his account was of elder date and hath appeared before to the great prejudice of the Popes Possession in England at that time But Anselm is the great monument of Papal Obedience Anselm and as a learned man observes the first promoter of Papal Authority in England He began his Enterprise with a pretence that he ought not to be barr'd of visiting the Vicar of St. Peter causâ Regiminis Ecclesiae but he was not suffered to do that So far was the Pope then from having the power of receiving appeals that he might not receive the visit of a person of Anselm's quality without the
among us by Law or quiet possession in Fact for any considerable time together but was still interrupted by the whole Kingdom by new declaratory Laws against it Thus we have seen how the Popes Possession of the formal branch of Jurisdiction by Appeals and Legates stood here from St. Austin to Hen. 8. and that it was quiet and uninterrupted for nine hundred together passeth away as a Vapour The Contrary being evident by as Authentick Testimonies as can be desired and now what can he imagined to enervate them If it be urged that it was once in the body of Obj. our Laws viz. In Magna Charta liceat unicuique de caetero exire de Regno nostro redire salvo securè per terram per aquam salva fide nostra nisi in tempore Guerrae per aliquod breve Tempus 't is confest But here is no expression that plainly and in Ans terms gives license of Appeals to Rome 'T is indeed said that it is lawful for any to go out of the Kingdom and to return safe But mark the Conditions following Nisi in c. 'T is likely these words were inserted in favour of Appeals but it may be the Authors were timerous to word it in a more plain contradiction to our ancient Liberties 2. The very form of words as they are would seem to intimate that the Custom of England was otherwise 3. Lastly If it be considered how soon after and with what unanimity and courage our ancient Liberty to the contrary was redeemed and vindicated and that clause left out of Magna Charta ever since though revised and confirmed by so many Kings and Parliaments successively it is only an argument of a sudden and violent torrent of Papal Power in King John's time c. not of any grounded or well settled Authority in the English Laws as our English Liberties have I Conclude with those weighty words of the Statute of Ed. 3. an 27. c. 1. Having regard to the said Statute made in the time of his said Grandfathers which Statute holdeth always in force which was never annulled or defeated in any point And for as much as he is bound by his Oath to do the same to be kept as the Law of the Realm though that by sufferance and negligence it hath been since attempted to the contrary Vid. Preamble of the Statute Whereupon it is well observed that Queen Acts Mon. Mary her self denyed Cardinal Pelow to appear as the Popes Legate in England in her time And caused all the Sea-ports to be stopped and all Letters Briefs and Bulls to be intercepted and brought to her CHAP. X. The Pope's Legislative Power in England before Hen. 8. No Canons of the Pope oblige us without our Consent our Kings Saxons Danes Normans made Laws Ecclesiastical WE have found possession of the Executive Power otherwise than was pretended we now come to consider how it stood with the Legislative the Pope indeed claimed a Power of making and imposing Canons upon this Church but Henry the Eighth denied him any such Power and prohibited any Canons whatsoever to be executed here without the King's Licence An. 25. 19. The question now is whether the Pope enjoyed that Power of making and imposing Canons effectually and quietly here from the time of Saint Augustine to Henry the Eighth or indeed any considerable time together and this would invite us to a greater Debate who was Supreme in the English Church the Pope or the King during that time or rather who had the exercise of the Supremacy for the Power of making Laws is the chief Flower or Branch of the Supremacy and he that freely and without interruption enjoyed this Power was doubtless in the Possession of the Supremacy That the Pope had it not so long and so quietly as is pleaded by some and that our Kings have generally enjoyed it will both together appear with evidence enough by the Particulars following 1. If none were to be taken for Pope but by the King 's Appointment Sure his Laws were not to be received but with the King's Allowance 2. If not so much as a Letter could be received from the Pope without the King's Knowledge who caused words prejudicial to the Crown to be renounced Sure neither his Laws Both the Antecedents we find in Eâ—dm p. 626. p. 131. 1. 3. If no Canons could be made here without the King's Authority or being made could have any force but by the King's Allowance and Confirmation where was the Pope's Supremacy that Canons could not be made here without Convocations by Kings the King's Authority is evident because the Convocations themselves always were and ought to be Assembled by the King 's Writ Eadm p. 24. 5. 11. Besides the King caused some to sit therein to Supervise the Actions Legato ex parte Regis Regni inhiberent ne ibi contra Regiam Coronam dignitates aliquid statuere attentaret and when any did otherwise he was forced to retract what he had done as did Peckham or were in paucis Servatae as those of Boniface Math. Par. An. 1237. p. 447. 51. Lindwood c. 1. Glos 1. If Canons were made though the Popes Legate and consequently all his power was at Can. confir by Kings the making of them yet had they no force at all as Laws over us without the Kings allowance and confirmation The King having first heard what was decreed Consensum praebuit authoritate Regiâ potestate confirmavit Statuta concilii by his Kingly power he confirmed the Statutes of the Council of William Arch-Bishop of Cant. and the Legate of the holy Church celebrated at Westminster by the Assent of the King and primorum omnium Regni the Chapters subscribed were promulged Eadm p. 6. 29. Flor. Wigorn. an 1127. p. 505. Gervase an 1175. Col. 1429. 18. Twisden Concludes as for Councils it is certain none were here called from Rome till 1127. P. 19 20. If they did come to any as to Calcuith the King upon the advice of the Arch-Bishop Statuit diem appointed the day of the Council So when William the first held one at Winchester 1070. for deposing Stygand though there came to it three sent from Alexan. 2. Yet it was held Jubente presente Rege who was President of it wherein as before was noted the Popes Legate subscribed the sixteenth after all the English Bishops Vita Lanfranci c. 7. p. 7. Col. 1. d. All our Canons are therefore as they are justly Canons Kings Laws called the Kings Ecclesiastical Laws because no Canons have the power of Laws but such as he allows and confirms and whatsoever Canons he confirmed of old that had their original from a foreign power he allowed for the sake of their Piety or Equity or as a means of Communion with the Church from whence they came but his allowance or eonfirmation gave them all the Authority they had in England 'T is a point so plain in
History that it is beyond Before Conquest question that during all the time from St. Gregory to the Conquest the Brittish Saxon and Danish Kings without any dependance on the Pope did usually make Ecclesiastical Laws Witness the laws of Excombert Ina Withred Alfrede Edward Athelstan Edmond Edgar Athelred Canutus and Edward the Confessor among which Laws one makes it the Office of a King to Govern the Church as the Vicar of God Indeed at last the Pope was officiously kind and did bestow after a very formal way upon the last of those Kings Edward the Confessor a Priviledge which all his Predecessors had enjoyed as their own undoubted Right before viz. the Protection of all the Churches of England and power to him and his Successors the Kings of England for ever in his stead to make just Ecclesiastical Constitutions with the advice of their Bishops and Abbots But with thanks to his Holiness our Kings still continued their ancient custom which they had enjoyed from the beginning in the right of the Crown without respect to his curtesie in that matter After the Conquest our Norman Kings did After Conquest also exercise the same Legislative power in Ecclesiastical Causes over Ecclesiastical Persons from time to time with the consent of the Lords Spiritual and Temporal Hence all those Statutes concerning Benefices Tythes Advowsons Lands given in Mortmain Prohibitions Consultations Praemunires quare impedits Priviledge of the Clergy Extortions of Ecclesiastical Courts or Officers Regulation of Fees Wages of Priests Mortuaries Sanctuaries Appropriations and in sum as Bishop Bramhall adds All things which did belong to the external subsistence Regiment and regulating of the Church and this in the Reigns of our best Norman Kings before the Reformation Arch Bishop Bramh. p. 73. But what Laws do we find of the Popes making in England or what English Law hath he ever effectually abrogated 'T is true many of the Canons of the Church of Rome were here observed but before they became obliging or had the force of Laws the King had power in his great Council to receive them if they were judged convenient or if otherwise to reject them 'T is a notable instance that we have of this 20 Ed. 3. c. 9. in Ed. 3. time When some Bishops proposed in Parliament the reception of the Ecclesiastical Canon for the legitimation of Children born before Marriage all the Peers of the Realm stood up and cried out with one voice Nolumus leges Angliae mutari we will not have the Laws of England to be changed A clear evidence that the Popes Canons were not English Laws and that the Popish Bishops knew they could not be so without the Parliament Likewise the King and Parliament made a legislative exposition of the Canon of the Council of Lions concerning Bigamy which they would 4 Ed. 1. c. 5. not have done had they not thought they had power according to the fundamental Laws of England either to receive it or reject it These are plain and undeniable evidences that when Popery was at highest the Popes Supremacy in making Laws for the English Church was very ineffectual without the countenance of a greater and more powerful viz. the Supremacy of our own Kings Now admit that during some little space Obj. the Pope did impose and England did consent to the authority of his Canons as indeed the very Consent admitted rejecting of that authority intimates yet that is very short of the Possession of it without interruption for nine hundred years together the contrary being more than evident However this Consent was given either by By Permission Permission or Grant If only by Permission whether through Fear or Reverence or Convenience it signifies nothing when the King and Kingdom see cause to vindicate our ancient Liberties and resolve to endure it no longer If a Grant be pretended 't was either from Or by Grant the King alone or joyned with his Parliament If from the King alone he could grant it for his time only and the power of resuming any part of the prerogative granted away by the Predecessors accompanies the Crown of the Successor and fidelity to his Office and Kingdom obligeth him in Justice to retrieve and recover it I believe none will undertake to affirm that the Grant was made by the Law or the King with his Parliament Yet if this should be said and proved too it would argue very little to the purpose for this is to establish Iniquity by a Law The Kings Prerogative as Head of this Church lieth too deep in the very constitution of the Kingdom the foundation of our common Law and in the very Law of Nature and is no more at the will of the Parliament than the fundamental liberties of the Subject Lastly the same Power that makes can repeal a Law if the Authority of Papal Canons had been acknowledged and ratified by Parliament which cannot be said 't is most certain it was revoked and renounced by an equal Power viz. of Henry the Eighth and the whole Body of the Kingdom both Civil and Ecclesiastical It is the Resolution both of Reason and Law that no Prescription of time can be a bar to the Supreme Power but that for the Publick good it may revoke any Concessions Permissions or Priviledges thus it was declared in Parliament in Edward the Third his Reign when reciting the Statute of Edward the First they say the Statute holdeth alway his force and that the King is bound by Oath to cause the same to be kept and consequently if taken away to be restored to its Observation as the Law of the Land that is the Common Fundamental unalterable Law of the Land Besides the Case is most clear that when Henry the Eighth began his Reign the Laws asserting the Supreme Authority in Causes and over Persons Ecclesiastical were not altered or repealed and Henry the Eight used his Authority against Papal Incroachments and not against but according to the Statute as well as the Common Law of the Land witness all those Noble Laws of Provisors and praemunire which as my Lord Bramhall saith we may truly call 25 Ed. 1. 27 Ed. 3. 2 Hen. 4. c. 3 4. 7 Hen. 4. c. 6. the Palladium which preserved it from being swallowed up in that vast gulph of the Roman Court made by Edw. 1. Edw. 3. Rich. 2. Hen. 4. CHAP. XI Of the Power of Licences c. here in Edw. 3. Rich. 2. Hen. 4. Hen. 5. Hen. 6. Hen. 7. THough the Pope be denied the Legislative and Judiciary or Executive Power in England yet if he be allowed his Dispensatory Power that will have the effect of Laws and fully supersede or impede the Execution of Laws in Ecclesiastical Causes and upon Ecclesiastical Persons 'T is confest the Pope did usurp and exercise this strange Power after a wonderful manner in England before Henry the Eighth by his Licences Dispensations Impositions Faculties Grants Rescripts Delegacies and
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
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
Can. Apost allowed by C. Nice and Ephesus THough it seem below his Holiness's present grandeur to ground his Right upon the Civil Power especially when that fails him yet methinks the jus Ecclesiasticum is not at all unbecoming his pretences who is sworn to govern the Church according to the Canons as they say the Pope is If it be pleaded that the Canons of the Fathers do invest the Pope with plenary Power over all Churches And if it could be proved too yet one thing more remains to be proved to subject the Church of England to that his power viz. that the Canon Law is binding and of force in England as such or without our own consent or allowance And 't is impossible this should be proved while our Kings are Supreme and the constitution of the Kingdom stands as it hath always stood However we decline not the examination of the plea viz. that the Popes Supremacy over the whole Church is granted by the Canons of Councils viz. general But when this is said it is but reasonable to demand which or in what Canons It is said the Pope receives his Office with an Oath to observe the Canons of the eight first general Councils in which of these is the grant to be found Sure so great a conveyance should be very legible and Intelligible We find it very plain that in some of those Councils and those the most ancient this Power is expresly denyed him and that upon such reason as is eternal and might justly and effectually prevent any such grant or usurpation of such power for ever if future Grants were to be just and reasonable or future Popes were to be governed by Right or Equity by the Canons of the Fathers or fidelity to the Church to God or their own solemn Oaths at their Inaugurations But we are prepared for the examination of the Councils in this matter by a very strong presumption That seeing Justinian made the Canons to have the force of Laws and he had ever shewed himself so careful to maintain the Rights of the Empire in all causes as well as over all persons Ecclesiastical even Popes themselves 't is not credible that he would suffer any thing in those Canons to pass into the body of the Laws that should be agreeable to the pretended donation of Constantine or to the prejudice of the Emperor 's said Supremacy and consequently not much in favour of the Supremacy claimed by later Popes Justinian's Sanction extended to the four Justin Sanction of four first great Councils Nic. Constant Ephes 1. and Calcedon in these Words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Sancimus Vicem Legum obtinere Sanctos Ecclesiasticos Canones qui à Sanctis quatuor Conciliis constituti sunt confirmati hoc est Niceno c. praedictorum enim Consiliorum dogmata sicut divinas Scripturas accipimus Canones sicut Leges observamus Perhaps it may be doubted why he did not Apostles Canons not mention reason confirm those Canons which were then well known by the Title of the Canons of the Apostles whether because their Authority was suspected especially many of them or because Vid. Bin. To. 1. p. 17. a. they were not made by a truly General Council or because they were Confirmed in and with the Council of Nice and Ephesus c. or lastly whether because the first fifty had before a greater Sanction from the general Reception of the whole Ibid. Church or the greater Authority of the Sacred Names of the Authors the Apostles or Apostolical men I venture not to declare my opinion But truly there seems something considerable for the later for that the Council of Nice do not pretend to confirm the Apostles Canons but their own by the Quotation of them taking Authority from them as Laws founded in the Church before to build their own and all future Canons and Decrees of Councils upon in such matters as were found there determined A great Instance of the probability of this Conjecture we have full to our present purpose given us by Binius Nicena Synodus Can. 6. Bin. To. 1. p. 20. c. the Nicene and Ephesine Synods followed these Canons of the Apostles appointing that every Bishop acknowledge suum primum their Chief and Metropolitane Can. Ap. allowed by C. Nice and Ephesus and do nothing without their own Diocess but rather the Bishop of Alexandria according to the Canons understand saith Binius those 35 36 of the Apostles must govern the Churches of Egypt the Bishop of the East the Eastern Churches the Ephesine Synod also saith it is besides the Canons of the Apostles that the Bishop of Antioch should ordain in the Provinces of Cyprus c. Hence it is plain that according to Apostles Canons interpreted and allowed as Authentick so far at least by the Synods of Nice and Ephesus the Metropolitan was Primate or Chief oyer the Churches within his Provinces and that he as such exclusive of all Forreign Superior Power was to govern and ordain within his own Provinces not consonant to but directly against the pretended Supremacy of the Bishop of Rome But let us consult the Canons to which Binius refers and the matter is plainer SECT I. Can. Apostol THere is nothing in the Canons of the Apostles to our purpose but what we find in Can. 35 36. or in the Reddition as Binius gives it Can. 33 and 34. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. let the Bishops of 35 33. every Nation know or they ought to know who among them is accounted or is chief and esteem him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ut caput and do nothing difficult aut magni momenti praeter ejus Conscientiam vel Sententiam but what if the matter were too hard for the Primate is no direction given to go to the Infallible Chair at Rome here was indeed a proper place for it but not a word of that In the 36 alias 34. it is added that a Bishop should not dare to ordain any beyond the bounds of his own Jurisdiction but neither of these Canons concern the Pope unless they signifie that the Pope is not Head of all Churches and hath not power in any place but within the Diocess of Rome or that Binius was not faithful in leaving out the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Head in his Note upon these Canons SECT II. Concil Nicen. Gen. 1. Bellar. Evasion VVE find nothing in the true Canons of the Nicene Synod that looks our way except Can. 6. and 7. They are thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Let ancient Custom be kept through Can. 6. Egypt Libia and Pentapolis so as the Bishop of Alexandria may have power over all these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because also the like Custom is for the Bishop of the City of Rome 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as likewise at Antioch and other Provinces let the Priviledges be kept in their own Churches but suppose
Canons We conclude that this Bar against the Popes universal Pastorship will never be removed These are the four first general Councils honoured by Justinian as the four Gospels to which he gave the Title and force of Laws By which all Popes are bound by solemn Oath to Rule the Church Yet we find not one word in any of them for the Popes pretended universal Pastorship Yea in every one of them we have found so much and so directly against it that as they give him no power to govern the whole Church so by swearing to observe them in such government as the Canons deny him he swears to a contradiction as well as to the ruine of his own pretensions We conclude from the premises that now Argument seeing all future Councils seem to build upon the Nicene Canons as that upon the Apostles if the Canons of Nice do indeed limit the power of the Bishop of Rome or suppose it to have limits if his cause be tried by the Councils it must needs he desperate Now if those Canons suppose bounds to belong Minor to every Patriarchate they suppose the like to Rome But 't is plain that the bounds are given by those Canons to the Bishop of Alexandria and the reason is because this is also customary to the Bishop of Rome Now 't is not reasonable to say Alexandria must have limits because Rome hath if Rome have no limits Pope Nicolas himself so understood it whatever I. E. Pis 8. S. W. did Nicena c. the Nicene Synod saith he conferred no increase on Rome but rather took from Rome an example particularly what to give to the Church of Alexandria Whence Dr. Hammond strongly concludes that if at the making of the Nicene Canons Rome had bounds it must needs follow by the Ephesine Canon that those bounds must be at all times observed in contradiction to the universal Pastorship of that See The matter is ended if we compare the other Latin Version of the Nicene Canon with the Canon as before noted Antiqui moris est ut Vrbis Romae Episcopus habeat principatum ut suburbicana loca omnem provinciam suâ sollicitudine gubernet qâ—e vero apud Aegyptum sunt Alexandrinae Episcopus omnem habeat sollicitudinem Similiter autem circa Antiochiam in caeteris Provinciis privilegia propria serventur Metropolitanis Ecclesiis Whence it is evident that the Bishop of Rome then had a distinct Patriarchate as the rest had and that whatever Primacy might be allowed him beyond his Province it could not have any real power over the other Provinces of Alexandria c. And 't is against the plain sence of the Rule that the Antiquus mos should signifie the custom of the Bishop of Rome's permission of Government to the other Patriarchs as Bellarmine feigneth This Edition we have in Christopher Justellus's Library rhe Canon is in Voel Biblioth Jur. Cano. Tom. 1. p. 284. SECT VI. Concil Constant 2. The Fifth General Conc. of 165 Bishops An. 553. BAronius and Binius both affirm that this was Bar. an 553. nu 224. Bin. To. 2. Not. in con Const 5. a general Council and so approved by all Popes Predecessors and Successors of St. Gregory and St. Gregory himself The cause was Pope Agapetus had condemned Anthinius the matter was afterwards ventilated in the Council Now where was the Popes Supremacy we shall see immediately After Agapetus succeeded Vigilius When the Council condemned the Tria Capitula Pope Vigilius would defend them but how did he carry it in Faith or Fact Did the Council submit to his Judgment or Authority No such thing But quite contrary the Council condemned the tria capitula and ended The Pope for not consenting but opposing the Council is banished by the Emperor Justinian Then Vigilius submits and confirms the Sentence of the Council and so is released from Banishment This is enough out of both * Ibid. N 223. Baronius and Binius The Sum is we condemn say they as is expressed in the very Text all that have defended the Tria Capitula but Vigilius say the Historians defended the Tria Capitula therefore was Vigilius the Pope condemned by this Council such Authority they gave him SECT VII Concil Constant of 289 Bishops 6 General An. 681 vel 685. Concil Nic. 7 General of 350 Bishops An. 781. BEllarmine acknowledgeth these to be sixth and seventh general Councils and both these he acknowledgeth did condemn Pope Honorius for an Heretick lib. 4. de Pont. C. 11. For Bellarmine to urge that these Councils were deceived in their Judgment touching his opinion is not to the point we are not disputing now whether a Pope may be a Heretick in a private or publick Capacity in which the Councils now condemned him though he seems to be a bold man to prefer his own bare conjecture a thousand years after about a matter of Fact before the judgment of two general Councils consisting of 659 Bishops when the cause was fresh Witnesses living and all circumstances visibly before their eyes But our question is whether these Councils did either give to the Pope as such or acknowledged in him an uncontroulable Authority over the whole Church The Answer is short they took that power to themselves and condemned the Pope for Heresie as they also did Sergins of Constantinople SECT VIII Concil Gen. 8. Constant 383 Bishops An. 870. Conclusions from them all HOw did this eighth general Council recognize Tom. 3. p. 149. the Popes Supremacy Binius himself tells us this Council condemned a custom of the Sabbath-Fast in Lent and the practice of it in the Church of Rome and the word is We will that the Canon be observed in the Church of Rome inconfuse vires habet 'T is boldly determined against the Mother Church Rome concerned reproved commanded Where is the Authority of the Bishop of Rome Rome would be even with this Council and therefore saith Surius she receives not this 55 Canon Tom. 2. in conc Const 6. p. 1048. ad Can. 65 in Not. Bin. But why must this Canon only be rejected Oh! 't is not to be endured that 's all the reason we can have But was not this a general Council Is it not one of the eight sworn to by every Pope Is not this Canon of the same Authority as of the Council with all the rest Or is it tolerable to say 't is not Authentick because the Pope doth not receive it and he doth not receive it because it is against himself Quia Matrem Ecclesiarum omnium Rom. Ecclesiam reprehendit non recipitur saith Surius ibid. These are the eight first general Councils allowed by the Roman Church at this day What little exceptions they would defend their Supremacy with against all that hath appeared are answered in the Post script at the latter end of the book whither I refer my Readers for fuller satisfaction In the mean time we cannot but conclude Conclus 7
in the Council of Florence An. 1549. for the contrary is evident in that they would not yield that the Pope should choose them a Patriarch as Surius himself observes Tom. 4. p. 489. So true is it that Maldonate and Prateolus Mald. in Math. 10. 2. Prate in Haer. Tit. Grae. Vid. St. Aug. To. 2. Epist 162. acknowledge and Record the Greek Church always disliked the Supreme Dignity of the Pope and would never obey his Decrees To conclude the Law of the Greeks hath always been against the Pope's Supremacy the Fundamental Law was a prohibition of Appeals to Rome therefore that Church acknowledged no absolute Subjection to Rome 2. They excommunicate all African Priests Appealing to Rome therefore they held no necessity of Vnion with Rome 3. They excommunicate all such qui putaverint as should but think it lawful to Appeal to Rome therefore they had no Faith of the necessity of either Vnion or Subjection to the Church of Rome Enough to the Pope's prejudice from the Councils of all sorts we must in the foot of the account mind our Adversaries that we have found no colour for the pretence of a Grant from any one General Council of the Pope's Authority much less over the Church of England which their Plea from the Canons expresly requires at their hand For my Lord Bramhall with invincible Reason affirms We were once a free Patriarchate Independent on any other and according to the Council of Ephesus every Province should enjoy its Ancient Rights pure and inviolate and that no Bishop should occupy any Province which did not belong to him from the beginning and if no true General Council hath ever since Subjected Brittain under the Roman Court then saith he the case is clear that Rome can pretend no Right over Brittain without their own consent nor any further nor for any longer time then they are pleased to oblige themselves We must expect therefore some better Evidence of such Grant to the Pope and such Obligation upon England by the Canons of some truly General Council and we may still expect it notwithstanding the Canons of Sardice which yet shall be considered for it is their faint colour of Antiquity SECT XI The Sardican Canons NO Grant from the Matter manner or Authority No Appendix to Council of Nice Zozimus his Forgery never Ratified nor thought Universal after contradicted by Councils THe Pope at length usurped the Title and pretended the Power of Supreme and the Canons in time obtained the Name of the Pope's Decrees but the question is what General Council gave him either Doctor Stillingfleet observes that nothing is more apparent than that when Popes began to pirk up they pleaded nothing but some Canons of the Church for what they did then their best and only Plea when nothing of Divine Right was heard of as Julius to the oriental Bishops Zozimus to the African and so others but still what Canons The Romanist against Arch-Bishop Laud argues Arg. p. 193. thus it was ever held lawful to Appeal to Rome from all Parts therefore the Pope must be Supreme Judge this saith he is evidenced by the Sardican Canons accounted anciently an Appendix to the Council of Nice this he calls an unanswerable Argument But it is more than answered if we consider Answ either the Matter or the Manner or the Authority of these Canons 1. The Matter said to be granted appears 1. For the matter of these Canons in the words themselves Can. 3. it is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if it seem good to you let us honour the Memory of Saint Peter and by those Bishops that are Judges Scribatur Julio Romanorum Episcopo and by the next Bishops of the Province if need be let the Judgment be revoked cognitores ipse praebeat But 1. here is no Grant so much as of Appeal only of a Review 2 'T is not pretended to be according to any former Canons 3. The Judgment is to be revoked by a Council of Bishops chosen for the purpose 4. The request seems to terminate in the Person of Julius and not to extend to his Successors for else why should it be said to Julius Bishop of Rome and not to the Bishop of Rome absolutely 2. The Manner of the Motion spoils all if Manner it please you did the Vniversal Pastorship then lie at the feet or depend upon the pleasure of this Council did no Canons evidence the Pope's Power and Right till then eleven years after the death of Constantine besides how unworthily was is said let us honour the Memory of Saint Peter did the Pope's Succession of Saint Peter depend upon their pleasure too 3. But lastly the main exception is against the Authority of this Council or at least of Authority this Canon as Cusanus questions Concord Cathol lib. 2. c. 15. 1. 'T is certain they are no Appendix to the No Appendix to Nice Can. Council of Nice wherein their strength is pretended to consist though Zozimus fraudulently sent them under that Name to the African Bishops which can never be excused for they are now know to have been made twenty two years after that Council Upon that pretence of Zozimus indeed a Zozimus's Forgery Temporary Order was made in the Council of Africk that Appeals might be made to the Pope till the true Canons of Nice were produced which afterwards being done the Argument was spoiled and that Pope if possible was put to shame hereupon that excellent Epistle was written to Pope Caelestine of which you had account before 2. This Council was never ratified by the Reception Not received of the Catholick Church for the Canons of it were not known by the African Bishops when Zozimus sent them and Saint Augustine discredits them saying they were made by a Synod of Arrians 3. It is evident that this Council was never Or thought Universal accounted truly Vniversal though Constance and Constantius intended it should be so for but seventy of Eastern Bishops appeared to three hundred of the Western and those Eastern Bishops soon withdrew from the other and decreed things directly contrary to them So that Balsomon and Zonarus as well as the Elder Greeks say it can only bind the Western Churches and indeed it was a long time before the Canons of it were received in the Western Church which is the supposed reason why Zozimus sent them as the Nicen and not as the Sardican Canons 4. After the Eastern Bishops were departed there were not Patriarchs enough to make a General Council according to Bellermine's De Conc. L. ◠c. 17. own Rule Consequently Venerable Bede leaves it out of the Number the Eastern Churches do not reckon it among their Seven nor the Western among their Eight first General Councils The English Church in their Synod at He difield An. 680. left it out of their Number and embrace only the Council of Nice the first of Constantinople the first of
Primitive Fathers as Bellarmine boasts and that what ever he would have them say they did not believe and therefore not intend to say that the Pope was absolute Monarch of the Catholick Church and consequently that there was no such Tradition in the Primitive Ages either before or during the time of the eight first General Councils is to me a Demonstration evident for these Reasons The eight first General Councils being all Reas 1 Called and Convened by the Authority of Emperors stand upon Record as a notable Monument of the former Ages of the Catholick Church in prejudice to the Papal Monarchy as Saint Peter's Successor in those times the first eight General Councils saith Cusanus were gathered Concord Cathol l. 2. c. 25. by Authority of Emperors and not of Popes insomuch that Pope Leo was glad to entreat the Emperor Theodosius the younger for the gathering of a Council in Italy and non obtinuit could not obtain it Every one of these Councils opposed this pretended Reas 2 Monarchy of the Pope the first by stating the limits of the Roman Diocess as well as other Patriarchates the second by concluding the Roman Primacy not to be grounded upon Divine Authority and setting up a Patriarch of Constantinople against the Pope's Will the third by inhibiting any Bishop whatsoever to ordain Bishops within the Isse of Cyprus the fourth by advancing the Bishop of Constantinople to equal priviledges with the Bishop of Rome notwithstanding the Pope's earnest opposition against it the fifth in condemning the Sentence of Pope Vigilius although very vehement in the cause the sixth and seventh in condemning Pope Honorius of Heresie and the eight and last by imposing a Canon upon the Church of Rome and challenging obedience thereunto This must pass for the unquestionable Sence Reas 3 of the Catholick Church in those Ages viz. for the space of above 540 years together from the first General Council of Nice for our Adversaries themselves stile every one of the General Councils the Catholick Church and what was their Belief was the Faith of the whole Church and what their belief was hath appeared viz. that the Pope had not absolute power over the Church Jure Divino an Opinion abhorred by their contrary Sentences and practises 'T is observed by a Learned man that the Reas 4 Fathers which flourished in all those eight Councils were in Number 2280. how few Friends 2280 Fathers had the Pope left to equal and Countermand them or what Authority had they to do it yea name one eminent Father either Greek or Latin that you count a Friend to the Pope and in those Ages whose name we cannot shew you in one of those Councils if so hear the Church the Judgment of single Fathers is not to be received against their Joint Sentences and Acts in Councils 't is your own Law now where is the Argument for the Pope's Authority from the Fathers they are not to be believ'd against Councils they spake their Sence in this very Point as you have heard in the Councils and in all the Councils rejected and condemned it The belief of these eight General Councils Reas 5 is the professed Faith of the Roman Church Therefore the Roman Church hath been involved Rome's contradiction of Faith and entangled at least ever since the Council of Trent in the Confusion and Contradiction of Faith and that in Points necessary to Salvation For the Roman Church hold it necessary to Salvation to believe all the eight General Councils as the very Faith of the Catholick Church and we have found all these Councils have one way or other declared plainly against the Pope's Bull. Pii 4. Supremacy and yet the same Church holds it necessary to Salvation to believe the contrary by the Council of Trent viz. that the Pope is Supreme Bishop and absolute Monarch of the Catholick Church Some Adversaries would deal more severely Rome's Heresie with the Church of Rome upon this Point and charge her with Heresie in this as well as in many other Articles for there is a Repugnancy in the Roman Faith that seems to inter no less than Heresie one way or other he that believes the Article of the Pope's Supremacy denies in effect the eight first General Councils at least in that Point and that 's Heresie And he that believes the Council of Trent believes the Article of the Pope's Supremacy therefore he that believes the Council of Trent does not believe the eight first General Councils and is guilty of Heresie Again he that believes that the Pope is not Supreme denies the Council of Trent and the Faith of the present Church and that 's Heresie and he that believes the eight first general Councils believes that the Pope is not Supreme therefore he denies the Council of Trent and the Faith of the present Church and is an Heretick with a witness 'T is well if the Argument conclude here c. Infidelity and extend not its Consequence to the charge of Infidelity as well as Heresie upon the present Roman Church seeing this Repugnancy in the Roman Faith seems to destroy it altogether for He that believes the Pope's Supremacy in the Sence of the Modern Church of Rome denies the Faith of the Ancient Church in that point and he that believes it not denies the Faith of the present Church and the present Church of Rome that professeth both believes neither These contrary Faiths put together like two contrary Salts mutually destroy one another He that believes that doth not believe this he that believes this doth not believe that Therefore he that professeth to believe both doth plainly profess he believes neither Load not others with the crimes of Heresie and Infidelity but Pull the beams out of your own eye But the charge falls heavier upon the Head of Popes Schism and Perjury the present Roman Church For not only Heresie and Infidelity but Schism and the foulest that ever the Church groaned under and such as the greatest Wit can hardly distinguish from Apostacy Reas 6 and all aggravated with the horrid crime of direct and self-condemning Perjury fasten themselves to his Holiness's Chair from the very constitution of the Papacy it self For the Pope as such professeth to believe and sweareth to govern the Church according to the Canons of the 8 first general Councils yet openly Greg. 7. Bin. To. 3. p. 1196. Innoc. 3. Bonif. 8. Calechis Ro. Nu. 10 11 and 13. claims and professedly practiseth a Power condemned by them all Thus Quatenus Pope he stands guilty of separation from the Ancient Church and as Head of a new and strange Church draws the Body of his Faction after him into the same Schism in flat contradiction to the essential Profession both of the ancient and present Church of Rome and to that solemn Oath by which also the Pope as Pope binds himself at his Inauguration to maintain and communicate with Hence not only Vsurpation
Innovations and Tyranny are the Fruits of his Pride Ambition and Perjury but if possible the guilt is made more Scarlet by his Cruelty to Souls intended by his formal Courses of Excommunications against all that own not his usurped Authority viz. the Primitive Churches the 8 first general Councils all the Fathers of the Latine and Greek Churches for many hundred years the greater part of the present Catholick Church and even the Apostles of Christ and our Lord himself The Sum of the whole matter A touch of another Treatise The material Cause of Separation THe Sum of our defence is this If the Pope have no Right to Govern the Church of England as our Apostle or Patriarch or as Infallible if his Supremacy over us was never grounded in but ever renounced by our Laws and Customs and the very constitution of the Kingdom If his Supremacy be neither of Civil Ecclesiastical or Divine Right if it be disowned by the Scriptures and Fathers and condemned by the Ancient Councils the Essential Profession of the present Roman Church and the solemn Oaths of the Bishops of Rome themselves If I say all be certainly so as hath appeared what reason remains for the necessity of the Church of England's re-admission of or submission to the Papal Authority usurped contrary to all this Or what reason is left to charge us with Schism for rejecting it But it remains to be shewn that as the claim of the Popes Authority in England cannot be allowed so there is cause enough otherwise of our denial of obedience actually to it from Reasons inherent in the Vsurpation it self and the Nature of many things required by his Laws This is the second Branch of our defence proposed at first to be the Subject of another Treatise For who can think it necessary to communicate with Error Heresie Schism Infidelity and Apostacy to conspire in damning the Primitive Church the Ancient Fathers General Councils and the better and greater part of the Christian World at this day or willingly at least to return to the infinite Superstitions and Idolatries which we have escaped and from which our blessed Ancestors through the infinite mercy and providence of God wonderfully delivered us Yet these horrid things cannot be avoided if we shall again submit our selves and enslave our Nation to the pretended Powers and Laws of Rome from which Libera nos Domine THE POSTSCRIPT Objections touching the First General Councils and our Arguments from them answered more fully SECT I. The Argument from Councils drawn up and Conclusive of the Fathers and the Cath. Church IN this Treatise I have considered the Canons of the ancient Councils two ways as Evidence and Law As Evidence they give us the undoubted sence and Faith both of the Catholick Church and of single Fathers in those times and nothing can be said against that As Law we have plainly found that none of them confer the Supremacy pleaded for but every one of them in special Canons condemn it Now this latter is so great a proof of the former that it admits of no possible reply except Circumstances on the by shall be set in opposition and contradiction to the plain Text in the body of the Law And if neither the Church nor single Fathers had any such faith of the Popes Supremacy during the first General Councils then neither did they believe it from the Beginning For if it had been the Faith of the Church before the Councils would not have rejected it and indeed the very form and method of proceeding in those Ancient Councils is sufficient Evidence that it was not However why is it not shewn by some colour of Argument at least that the Church did believe the Popes Supremacy before the time of those Councils why do we not hear of some one single Father that declared so much before the Council of Nice or rather before the Canons of the Apostles Or why is there no notice taken of such a Right or so much as Pretence in the Pope either by those Canons or one single Father before that time Indeed our Authors find very shrewd Evidence of the contrary Why saith Casaubon was Dionysins so utterly Dionysins silent as to the Vniversal Head of the Church Reigning at Rome if at that time there had been any such Monarch there Especially seeing he professedly wrote of the Ecclesiastical Hierarchy and Government Exerc. 16. in Bar. an 34. Nu. 2â—0 The like is observable in Ignatius the most Ignatius Epist ad Tral Ancient Martyr and Bishop of Antioch who in his Epistles frequently sets forth the Order Ecclesiastical and dignity of Bishops upon sundry occasions but never mentions the Monarchy of St. Peter or the Roman Pope Ibid. he writing to the Church of Trallis to obey Bishops as Apostles instanceth equally in Timothy St. Paul's Scholar as in Anacletus Successor to St. Peter The Prudence and Fidelity of these two prime Fathers are much stained if there were then an Vniversal Bishop over the whole Church that professedly writing of the Ecclesiastical Order they St. Paul should so neglect him as not to mention Obedience due to him and indeed of St. Paul himself who gives us an enumeration of the Primitive Ministry on set purpose both in the ordinary and extraordinary kinds of it viz. Some Apostles some Prophets some Evangelists some Pastors and Teachers and takes no notice of the Vniversal Bishop but we hence conclude rather there was no such thing For who would give an account of the Government of a City Army or Kingdom and say nothing of the Mayor General or Prince This surpasseth the fancy of Prejudice it self Irenaeus is too ancient for the Infallible Chair Ireneus lib. 2. c. 3. p. 140 141. and therefore refers us in the point of Tradition as well to Polycarp in the East as to Linus Bishop of Rome in the West Tertullian adviseth to consult the Mother-Churches Tertullian praescr p. 76. immediately founded by the Apostles and names Ephesus and Corinth as well as Rome and Polycarpus ordained by St. John as well as Clemens by Peter Upon which their own Renanus notes that Tertullian doth not confine the Catholick and Apostolick Church to one place for which freedom of Truth the Judex expurgatorius corrected him but Tertullian is Tertullian still These things cannot consist either with their own knowledge of an Vniversal Bishop or the Churches at that time therefore the Church of Egypt held the Catholick Faith with the chief-Priests naming Anatolinus of Constant Basil of Antioch Juvenal of Jerusalem as well as Leo Bishop of Rome Bin. To. inter Epist illust person 147. And it is decreed saith the Church of Carthage we consult our Brethren Syricius Bishop of Rome and Simplicius Bishop of Milain Concil Carth. 3. c. 48. The like we have observed out of Origen Clemens Alex. Cyprian c. before Hence it follows that the Church and the Fathers before the Councils had no knowledge of the Popes Supremacy and we have
making that Canon of Priviledges and that the Bishops were compelled thereunto The Synod with a loud voice cryed Joyntly we were not compelled to subscribe After every one severally protest I did subscribe willingly and freely and the Acts are ratified and declared to be just and valid and wherein say they we will persist the Legates are instant to have the Act revoked because the Apostolical See is humbled or abased thereto the Fathers unanimously answered the whole Synod doth approve it This clear account we have in Bin. in Concil Calced Act. 16. p. 134 and 137. Bellarmine saith that the Pope approved all the Decrees of this Council which were de fide and doth not Bellarmine argue that the Popes Superiority is Jure divino and the present Church of Rome hold that his Supremacy is a point necessary to Salvation How comes it to pass that he would not approve this Decree or how can they esteem this Council general and lawful and swear to observe the decrees of it when 't is found guilty of Heresie in so great a point as the Popes Primacy But to end with this the very Title it self of Bishop of the Vniversal Church in the stile of those Ages signified certainly neither Supremacy nor Primacy Vniversal Bishop of the Church seem'd a dangerous Title importing universal Power over it and was therefore so much abhorred by Pope Gregory But the Title of Bishop of the Vniversal Church signified the care of the whole Church to which as Origen saith every Bishop is called Therefore Aurelius Fortunatianus Augustine are called Bishops of the Vniversal Church and many in the Greek Church had the same honourable Titles given them which signified either that they professed the Catholick Faith or as Bishops had a general regard to the good of the Catholick Church But your own Jesuite confesseth that Pelagius Azorius and Gregory both Popes have born witness that no Bishop of Rome before them did ever use the Stile of Vniversal Bishops However Vniversal Patriarch makes as great a sound as Universal Bishop yet that Title was given to John Bishop of Constantinople by the Bishops of Syria Cod. Authent Constitu 3. The custody of the Vine i. e. the whole Obj. Bell. de Pont. l. 2. c. 13. Church the Council saith is committed to the Pope by God True so that Primitive Pope Elutherius said to Ans Bin. Epist Eleuth the Bishops in France the whole Catholick Church is committed to you St. Paul also had the care of all the Churches but that is high which Greg. Nazian saith of Athanasius that he having the presidence of the Church of Alexandria may be said thereby to have the Government of the whole Christian World Sai Tom. 16. in 1 Pet. 5. Now saith a Learned man we are compelled to ask with what Conscience you could make such Objections Bishop Morton in good earnest to busie your Adversaries and seduce your Disciples withal whereunto you your selves could so easily make answer We find no further objection against the other Obj. Councils worthy Notice Bellarmine argues the Popes Supremacy because the Synod of Const being the Fifth General Council complemented the Pope as his Obedient Servants nos inquit Praeses Apostolicam Sedem sequimur obedimus c. Bell. lib. 2. de pont c. 13. Though this very Council both opposed accused and condemned the Pope for Heresie which could not possibly consist with their acknowledgment of his Supremacy or Infallibility The same is more evident in the sixth seventh and eighth General Councils condemning the Persons and Judgments of and giving Laws to the Bishops of Rome to which nothing material can be objected but what hath been more than answered Binius indeed in his Tract de Prim. Eccl. Rom. gives us the sayings of many ancient Popes for the Supremacy pretended especially in two points The Power of Appeals challenged by Pope Anacetus Zepherinus Fabianus Sixtus and Symachus and Exemption of the first See from censure or judgment by any other power claimed by Pope Sylvester and Gelasius But these are Testimonies of Popes themselves in their own cause and besides both these points have been found so directly and industriously determined otherwise by their own General Councils that further answer is needless CONCLUSION THus Objections being removed the Argument from the Councils settles firm in its full strength and seeing both the ancient Fathers and the Catholick Church have left us their sence in the said Councils and the sence of the Councils is also the received and professed faith of the present Church of Rome it self who can deny that the Catholick Church to this day hath not only not granted or acknowledged but even most plainly condemned the pretended Supremacy of the Bishop of Rome Yea who can doubt but our Argument against it is founded upon their own Rock the very constitution of the Papacy it self as before hath appeared Therefore the Popes claim upon this Plea as well as upon any or all the former is found groundless and England's Deliverance from his foreign Jurisdiction just and honest as well as happy Which our good God in his wise and merciful Providence ever Continue Preserve and Prosper Amen Amen A Serious ALARM to all sorts of ENGLISH-MEN against POPERY from Sence and Conscience their OATHS and their INTEREST 1. THe Kings of England seem bound not only by their Title but in Conscience of their Ministry under God to defend the Faith and the Church of Christ within their Dominions against Corruption and Invasion and therefore against Popery They are also bound in Honour Interest and Fidelity to preserve the Inheritance and Rights of the Crown and to derive them entire to their Heirs and Successors and therefore to keep out the Papal Authority And lastly 't is said they are bound by their Oaths at their Coronation and by the Laws of Nature and Government to maintain the Liberties and Customs of their people and to govern them according to the Laws of the Realm and consequently not to admit the foreign Jurisdiction of the Pope in prejudice of our ancient Constitution our common and Ecclesiastical Laws our natural and legal Liberties and Properties 2. The Nobility of England have anciently held themselves bound not only in honour but by their Oaths Terras honores Regis c. to preserve together with the King the Territories and honours of the King omni fidelitate ubique most faithfully and to defend them against Enemies and Foreigners meaning especially the Pope of Rome 'T is expressed more fully in their Letter to the Pope himself in Edw. 1. Reign to defend the Inheritance and Prerogative of the Crown the State of the Realm the Liberties Customs and Laws of their Progenitors against all foreign Usurpation toto posse totis viribus to the utmost of their power and with all their might adding We do not permit or in the least will permit sicut nec possum â—â— nec debemus though our Soveraign
and Caution in opposition to the force and detection and destruction of the hellish Arts and traiterous designs and attempts of Popery 8. I Conclude that if the precious things already mentioned and many more be in evident danger with the Return of Popery let us again consider our Oaths as well as our Interest and that we have the Bond of God upon our Souls and as the Conquerors words are we are Jurati Fratres we are sworn to God our King and Country to preserve and defend the things so endangered against all foreign Invasion and Usurpation i. e. against Popery Accordingly may our Excellent King and his Councils and Ministers may the Peers of the Realm and the Commons in Parliament may the Nobility and Gentry may the Judges and Lawyers may the Cities and the Country the Church and State and all Ranks and Degrees of Men amongst us may we all under a just Sense both of our Interest and our Oaths may we all as one man with one heart stand up resolved by all means possible to keep out Popery and to subvert all grounds of Fear of its Return upon England for ever Amen Amen Origen Cont. Cels l. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is fit that the Governor of the Church of each City should Correspond to the Governor of those which are in the City Praesumi malam fidem ex Antiquiore Adversarii possessione Leg. Civil Ad transmarina Concilia qui putaverint appellandum a nullo intra Africam in communionem recipiantur Concil Milevitan THE OATHS OF ALLEGIANCE AND SUPREMACY The Oath of ALLEGIANCE I A. B. Do truly and sincerely acknowledge profess testifie and declare in my Conscience before God and the World that our Soveraign Lord King Charles is Lawful and Rightful King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose any of his Majesties Kingdoms or Dominions or to Authorize any Foreign Prince to Invade or Annoy Him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give License or leave to any of them to bear Arms raise Tumults or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and Him and Them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against Him or any of them And I do further swear That I do from my heart abhor detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be Deposed or Murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully Administred unto me and do Renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and Swear according to these express words by me spoken and according to the plain and common sence and understanding of the same words without any Equivocation or mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. The Oath of SUPREMACY I A. B. Do utterly testifie and declare in my Conscience That the Kings Highness is the only Supreme Governor of this Realm and of all other his Highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Jurisdictions Powers Superiorities and Authorities and do promise from henceforth I shall bear Faith and true Allegiance to the Kings Highness his Heirs and lawful Successors and to my Power shall assist and defend all Jurisdictions Priviledges Preeminences and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God◠and by the Contents of this Book THE END A Catalogue of some Books Reprinted and of other New Books Printed since the Fire and sold by R. Royston viz. Books Written by H. Hammond D. D. A Paraphrase and Annotations upon all the Books of the New Testament in Folio Fourth Edition The Works of the said Reverend and Learned Author containing a Collection of Discourses chiefly Practical with many Additions and Corrections from the Author 's own hand together with the Life of the Author enlarged by the Reverend Dr. Fell now Bishop of Oxford In large Fol. Books written by Jer. Taylor D. D. and late Lord Bishop of Down and Connor Ductor Dubitantium or The Rule of Conscience in Five Books in Fol. The Great Exemplar or The Life and Death of the Holy Jesus in Fol. with Figures suitable to every Story ingrav'd in Coper whereunto is added the Lives and Martyrdoms of the Apostles by Will. Cave D. D. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or A Collection of Polemical Discourses addressed against the enemies of the Church of England both Papists and Fanaticks in large Fol. The Third Edition The Rules and Exercises of holy Living and holy Dying The Eleventh Edition newly Printed in Octavo Books written by the Reverend Dr. Patrick The Christian Sacrifice A Treatise shewing the Necessity End and Manner of receiving the Holy Communion together with suitable Prayers and Meditations for every Month in the Year and the principal Festivals in memory of our blessed Saviour in Four Parts The Third Edition corrected The devout Christian instructed how to pray and give thanks to God or a Book of Devotions for Families and particular persons in
sift them CHAP. II. Our Ecclesiastical Jurisdiction in England was not derived from the Pope but from the Crown before the Reformation by Henry the Eighth DARE any Protestant stand to the contrary had the Pope really Authority here before Henry the Eighth did our Bishops indeed receive all their power exercised so many hundred years together originally from the Pope was not their Political Jurisdiction derived from and depending on the Crown Imperial and founded in our own Laws the Customs and Statutes of the Realm are these the Popes Laws and not the Kings was there not Ecclesiastical power in England both for Legislation and Execution ab origine before the Papal Vsurpation was not Popery at first and all along till Hen. 8. an illegal usurpation upon our more Ancient Government never own'd much less establish'd in the true Ancient Laws of England and under that very Notion rejected and expelled by him How then did our Bishops c. derive all their power from the Pope before Hen. 8. to say so is not more like an Hobbist than a Papist I thought I had caught an Hobby but War-Hawk Proof against this Popish principle SECT I. From the root and branches of Ecclesiastical Power Donation Investiture Laws I. It was a known Law long before Hen. 8. that the Church of England was founded â—5 Edw. 3. 25 Edw. 1. in Episcopacy by our Kings c. and not in the Papacy II. The Collaetion and Donation of Bishopricks and Nomination of Bishops did always belong to the King yea all the Bishopricks in this Realm are of the Kings Foundation and the full Right of Investiture was ever in the Crown Coke 1. Inst 2. S. 648. to deny it may be a praemunire III. When once the Bishops are legally invested their proper Jurisdiction came into â—5 Hen. 8. 20. their hands by the Laws without any power derived from the Pope Who saith otherwise knows nothing or means ill IV. It was acknowledg'd That Convocations are always have been and ought to be Assembled by the Kings Writ only 't is Law 35 Hen. 8. 19. V. As the power to make Laws for the Church was ever in the King so the Laws themselves must be his and none other bind us This Realm Recognizing no Superiour 35 Hen. 8. 21. As 16 Rich. 2. 5. under God but the King hath been and is free from any Laws but such as have been devised within this Realm or at our Liberty have been consented to and made custom by use and not by any foreign power SECT II. Jurisdiction THUS our Ancient Ecclesiastical Governours and Laws depended upon the Crown and not upon the Pope by the Laws of England and in the Judgment of all the States of the Kingdom before Hen. 8. and so did also the execution of those Laws by those Governours in the same publick Judgment a little better than Mr. Hickeringill's Popish opinion 2. In sundry old Authentick Histories and Chronicles it is manifest that this Realm is an Empire having an Imperial Crown to which belongs a body Politick compacted of Spiritualty and Temporalty furnished thus with Jurisdiction to yield Justice in all causes without restraint from any foreign Prince The body Spiritual having power when any Cause of Divine Law hapned to come in question the English Church called the Spiritualty which always hath been reputed and also found of that sort for knowledge c. without any exteriour person to declare and determine all such doubts and to administer all such offices as appertain to them for the due administration whereof the Kings of this Realm have endowed the said Church both with honour and possessions both these Authorities and Jurisdictions do conjoyn in the due Administration of Justice the one to help the other And whereas the King his most noble Progenitors and the Nobility and Commons of this Realm at divers and sundry Parliaments as well in the time of King Edw. 1. Edw. 3. Rich. 2. Hen. 4. all which were certainly before Hen. 8. and other noble Kings made sundry Ordinances Laws Statutes and provisions for the entire and sure preservation of the Prerogatives and Jurisdiction Spiritual and Temporal of the said Imperial Crown from the annoyance and Authority of the See of Rome from time to time as often as any such attempt might be known or espied Vid. 25 Hen. 8. 12. These things plainly shew that the whole State in Hen. 8's time was not of Mr. Hickeringill's mind but that before that time the whole power of the Church was independent on the Pope and not derived from him but originally inherent in the Crown and Laws of England whatever he blatters to the contrary Vid. 25 Edw. 3. Stat. 4. cap. 22. pag. 123. Sect. 3. 27 Edw. 3. cap. 1. 38 Edw. 3. c. 4. Stat. 2. c. 1. 2 Rich. 2. cap. 6. 3 Rich. 2. c. 3. S. 2. 12 Rich. 2. c. 15. 13 Rich. 2. Stat. 2. c. 2. 16 Rich. 2. c. 5. 2 Hen. 4. c. 3 4. 7 Hen. 4. c. 6. 9 Hen. 4. c. 8. 1 Hen. 5. 7. 3 Hen. 5. Stat. 2. c. 4. Adde to these Mr. Cawdries Case in my Lord Coke and he must be unreasonably ill affected to the Church of England that is not more than satisfied that the chief and Supream Governours thereof were the Kings of England and not the Pope before the Reign of Hen. 8. 3. Also it was the sence of the whole Kingdom that the Pope's power and Jurisdiction here was usurped and illegal contrary to Gods Laws the Laws and Statutes of this Realm and in derogation of the Imperial Crown thereof and that it was timorously and ignorantly submitted unto before Hen. 8. as the words of that Statute are 28 Hen. 8. cap. 16. SECT III. BUT if our Gentleman be wiser than to believe their words the matter is evident in our ancient Laws and constant practice accordingly before Hen. 8. his time Indeed all the Statutes of provision against foreign powers are to own and defend the Ecclesiastical Jurisdiction at home under this Crown Yea all the Statutes made on purpose to restrain and limit the Spiritual Jurisdiction in certain cases and respects do allow and establish it in others exceptio confirmat Regulam in non exceptis 2. Much plainer all the Statutes that prohibit the Kings Civil Courts to interrupt the Ecclesiastical proceedings but in such cases and the Statutes granting consultations in such cases and the Statutes directing appeals in the Spiritual Courts and appeals to the Chancery it self and the Laws ratifying and effectually binding their Sentence by the Writ de exc cap. much more plainly do these establish the Ecclesiastical Jurisdiction in the laws of the Land before Hen. 8. 3. By this time 't is vain to mention the Statutes which of old did specifie and allow particular matters to be tried only in the Ecclesiastical Courts such as Tithes 18 Edw. 3. 7. the offences of Ecclesiastical persons 1 Hen. 7. c. 4.
causes Testamentary 18 Edw. 3. 6. Synodals and procurations and pensions c. 15 Hen. 8. 19. Defamations 9 Edw. 2. 3. 1 Edw. 3. c. 11 c. all which are clear evidences that the Ecclesiastical Jurisdiction was establish'd by the Statute-laws of this Realm and consequently did not depend upon was not derived from any foreign power before the 20 of Hen. 8. SECT IV. TO seek for the Original of our Ecclesiastical Jurisdiction and Courts in the Statute-book is more than ridiculous seeing they both stood in a flourishing estate long before the beginning of that book and are among the number of the great things which were then secundum consuetudinem leges Angliae and are plainly establish'd in the Common Law of the Land by which they have stood and been practis'd ever since as we shall prove more fully anon 2. Magna Charta which is found first in the book of Statutes and is said by Lawyers to be Common Law i. e. shews us what is Common Law in this Kingdom begins thus We have granted and confirmed for us and our Heirs for ever that the Church of England shall be free and shall have all her whole Rights and Liberties Inviolable Reserving to all Archbishops and Bishops and all persons as well Spiritual as Temporal all their Free Liberties and free Customs which they have had in times past and which we have granted to be holden within this Realm and all men of this Realm as well Spiritual as Temporal shall observe the same against all persons 3. Now what can any man that knows the practice of the Spiritual Courts before that time at that time and ever since imagine what is meant by the Liberties and Customs of the Church i. e. in the sence of Mr. Hickeringill and the words of Magna Charta Archbishops Bishops and all Spiritual men but the Jurisdiction Ecclesiastical in the first and chief place And these by the great Charter are confirm'd for ever and the like confirmation hath been made by the many succeeding Kings and Parliaments in their confirmation of Magna Charta 4. Therefore I cannot but conclude that the Ecclesiastical Jurisdiction being founded in the Common Law Magna Charta and the Statutes by so long practice beyond all Records is in the very Constitution of the Kingdom The great men of the Church having always had authority in the very making of Laws as they had before Magna Charta and been reputed as in the Statute of Eliz. one of the three States in Parliament and the Execution also of the Ecclesiastical Laws of the Church of England SECT V. LASTLY All this is plainly confirm'd by ancient Ecclesiastical Canons which seems to be an Argument of great weight with Mr. Hickeringill as well as by the Ancient Laws and Customs of the Land In the Apostles Canons 't is ordained that every National Church should have its own chief or head and thence derive all Power under the Crown 'T is acknowledged against the Papists that we had our Arch-bishops and Bishops before the Vsurpation of the Pope We were anciently a Patriarchate independent upon Rome The four first Councils confirm'd the Apostles Canons and establish'd our ancient Cyprian priviledge Let after encroachments of the Pope be accordingly renounced as lawless Vsurpations Let us quietly enjoy our restored ancient priviledges and let ancient Custom prevail according to the Sentence of the ancient Councils in spight of all Papists and Hobbists CHAP. III. King Hen. 8. did not by renouncing the Power pretended by the Pope make void the Ecclesiastical Jurisdiction neither was it void before it was restored by 1 Edw. 6. 2. IT 's somewhat difficult to make this Proposition than it is in its self more plain pray Mr. Wise-man where and by what words did Hen. 8. cut off as you say all those ordinary Jurisdictions Did that great Prince and his Parliament intend by any Statute then made to cut them off or not If they did intend it how came it to pass that they continued in their usual course of power and proceedings all the rest of his Reign which may be presumed to be near ten years Was that watchful Prince so asleep was the whole Kingdom so stupid so long a time to suffer such oppression by invasion of the Crown and the peoples Liberties by a company of Church-men now deprived of the Pope's assistance and without any power at all or were the Ecclesiastical Governours so desperate or careless as to lie under so much danger of praemunire neither desisting to act without power nor to sue for it 2. But perhaps though the King and Parliament did not intend it yet the words of the Statute express enough to dissolve and cut off all those ordinary Jurisdictions and no body could see through this milstone or tumble it upon the Churches head before Mr. Hickeringill was inspired to do it in a lucky time I will answer him with a story There was a certain Lord laid claim to a Mannor that was in another Lord's possession upon Trial it was found that the Plaintiffe had the Right of it and he that had had possession was thrown out and the other the Right Owner was as he ought to be put into the possession of the said Mannor but it was observed that though the Lords were changed yet the Customs and Courts and Officers were not changed at all but all things proceeded as before 3. Thus King Hen. 8. and his Parliament express'd themselves as if on purpose to our present case only that the Pope's power then was rather in a pretended claim than in possession as is evident from that notable Statute 24 Hen. 8. c. 12. where we have the Kings Supremacy first asserted with a body Politick of the Spiritualty and Temporalty every way furnish'd with Authorities and Jurisdictions to administer Justice to the whole Realm Thus the Imperial Crown fully accomplish'd throws off the pretence of the Pope as King Edw. Rich. and Hen. 4. had done before yet as they also did reserves as well the Spiritualty and its Jurisdiction as the Temporalty and its Jurisdiction Afterwards 4. The King doth by his Royal assent and by the assents of the Lords Spiritual and Temporal and the Commons Assembled and by the Authority of the same Enact Establish and Ordain that all Causes Testamentary Causes of Matrimony and Divorces rights of Tithes Oblations and Obventions the knowledge whereof by the goodness of Princes of this Realm and by the Laws and Customs of the same appertaineth to the Spiritual Jurisdiction of this Realm shall be from henceforth heard examined discuss'd clearly finally and definitively adjudged and determined in such Courts Spiritual and Temporal as the natures of the controversie shall require 5. 'T is plain therefore that though Hen. 8. did cut off the Pope's pretence which is the great intention of that excellent Law yet the Ecclesiastical Jurisdiction was not dissolved but annex'd or declared to be annex'd to the Imperial Crown
of this Realm and to continue to exercise its power in the Spiritual Courts as before according to the Laws and Customs of the Land Read the Statute and you will not only see a continuance of the Spiritual Courts supposed and allow'd but special directions touching proceedings and Appeals therein SECT II. IF King Hen. 8. did take away the Ecclesiastical Authority of the Church of England he did either remove the Officers or deny their power to make Canons or destroy their Courts and the exercise of their Jurisdiction but he did do neither but rather by Acts of Parliament establish'd them all I. For the first touching the Governours of the Church consult Statute 31 Hen. 8. 3. that it may be Enacted by the Authority of this present Parliament that all Archbishops and Bishops of this Realm may by Authority of this present Parliament and not by any provision or other foreign Authority enjoy and retain their Archbishopricks and Bishopricks in as large and ample manner as if they had been promoted elected confirmed and Consecrated according to the due course of the Laws of this Realm And that every Archbishop and Bishop of this Realm may minister use and exercise all and every thing and things pertaining to the Office or Order of any Archbishop or Bishop with all Tokens Ensigns and Ceremonies thereunto lawfully belonging Further that all Ecclesiastical persons of the Kings Realm all Archdeacons Deans and other having Offices may by Authority of this Act and not c. administer use and exercise all things appertaining to their Dignities and Offices so it be not expresly against the Laws of God and this Realm II. Neither did King Hen. 8. take away the power of the Bishops and others to make Canons in Convocation as appears by the Statute of the 25 of Hen. 8. 19. In that Statute among other things upon the Petition of the Clergy two things are granted to our purpose touching Ecclesiastical Canons 1. The old ones 't is provided that such Canons being already made which be not contrariant nor repugnant to the Laws Statutes and Customs of this Realm nor to the damage of the Kings prerogative Royal shall now be used and exercised as they were before the making of this Act till such time as they be viewed by the said Thirty two persons according to the Tenor of this Act which was never done therefore such old Canons are yet of force by this Act. Vid. Sect. 6. 2. For the making of new Canons the Convocation hath power reserved by this same Act provided the Convocation be called by the Kings Writ and that they have the Royal assent and licence to make promulgate and execute such Canons as you may read Sect. 1. of the said Statute Indeed the Convocation used a larger power in making Canons before as is there noted which they say they will not henceforth presume to do but it therefore follows that they may still use their power so limited and derived from the Crown which is the evident intention of the Act. For by restraining the Clergy thus to proceed in making Canons the Law allows them the power so to do and by making the exceptions and limitations confirms their Authority so far as it is not excepted against III. Neither lastly did King Hen. 8. take away the ordinary Jurisdiction of Ecclesiastical Governours as exercised in the Spiritual Courts according to the Laws and Canons of this Church but indeed establish'd them by Acts of Parliament as is plainly to be seen in the 37 Hen. 8. c. 16. Sect. 4. in these words May it therefore please your Highness that it may be Enacted that all singular persons which shall be made deputed to be any Chancellor Vicar-general Commissary Official Scribe or Register by your Majesty or any of your Heirs or Successors or by any Archbishop Bishop Archdeacon or other person whatsoever having Authority under your Majesty your Heirs and Successors to make any Chancellor Vicar-general Commissary Official or Register may lawfully execute all manner of Jurisdiction commonly called Ecclesiastical Jurisdiction and all Censures and Coercions appertaining unto the same c. 2. 'T is acknowledged that in the Sect. 2. of this Statute it seems as if the Parliament concluded that by the 25 of Hen. 8. 19. the ancient Canons were abrogated which I wonder Mr. Hickeringill his sagacity had not discovered yet 't is plain enough that wise Parliament did not thereby reflect upon or intend all the Canons but such Canons as the present matter before them was concerned in that is such Canons as forbad Ecclesiastical Officers to marry as the words Sect. 1. are that no Lay or married man should or might exercise any Ecclesiastical Jurisdiction c. directly repugnant to your Majesty 's as Supream Head your Grace being a Lay-man then it follows in the next words And albeit the said Decrees viz. being contrary to the Royal prerogative as supream Head of the Church be in the 25 year of your most Noble Reign utterly abolished That this is the meaning of that clause is reasonable to believe because they take no further care to correct the matter but only by enacting persons lawfully deputed though they be Lay persons though married or unmarried shall have power and may exercise Ecclesiastical Jurisdiction notwithstanding any Law or Constitution to the contrary as the Statute is concluded 3. Besides we are assured that all the ancient Canons that were not repugnant to the Kings Prerogative or the Laws and Customs of this Realm were not abrogated but declared to be of force i. e. to be executed in the Spiritual Courts as was noted in the very letter of that Statute 25 Hen. 8. 19. and that this clause speaking only of such Canons as were abrogated by that Statute abrogates nothing that was not so by the Act referred to 4. And thus the Jurisdiction and Canons of the Church stood in force at the latter end of the Reign of Hen. 8. this Statute being made in the last year wherein any were made by that great Prince 5. Thus we have found in the time of King Hen. 8. an Ecclesiastical Jurisdiction exercis'd in England without any dependance on the Pope and other Authority for Canon-makers Synodical as Mr. Hickeringill cants besides the Statute for the High Commission 1 Eliz. upon which Statute of Eliz. Mr. Hickeringill very learnedly asserts the Authority of all Canon-makers Synodical was built qu. Naked Truth SECT III. NO more is needful under this Head but to shew my respect to Mr. Hickeringill his doughty and only Argument taken out of the Petition of the Clergy to Queen Mary whereby he would fain prove that the extinguishing Act of Hen. 8. took away all ordinary Jurisdiction from the Church of England and that there was no such thing till she revived it 2. The words of the Petition from whence he thus argues you shall have in his own Translation in this manner they pray that her Majesty would make
such provision that those things which belong to our Ecclesiastical Jurisdiction and Liberties without which we cannot duly discharge c. and taken from us lately by the Iniquity of the times may be again restored and that all Laws which have taken away or do any ways hinder our Ecclesiastical Jurisdiction and liberties may be made null and void Hence he concludes that in the judgment of the Convocation at that time their Jurisdiction and Liberties were taken away Is this proof sufficient against all the laws and practice of the Kingdom during the Reign of Hen. 8. after the extinguishing Act or do they say that Hen. 8. took away the Ecclesiastical Jurisdiction how can Mr. Hickeringill divine that it was not the renouncing the Pope as Head of their Jurisdiction and Liberties that was the very grievance that they complain'd of 3. This is certain that Queen Mary succeeded Edw. 6. that Edw. 6. did require more express Testimonies of the Clergie's Recognition of the Crown in the exercise of the Ecclesiastical Jurisdiction by the Statute of which we shall take more notice presently than Hen. 8. did and 't is past Mr. Hickeringill his skill to prove that the Convocation in their said Petition did not principally if not only intend that severe Act of Edw. 6. However that pass Mr. Hickeringill his argument deserves not the strength of a Convocation to confute it 4. I leave it to Mr. Hickeringill himself for if he think that that Convocation spake that which was not true he hath said nothing to the purpose but if he think they did speak truth then he thinks that the Jurisdiction of the Church of England as derived from the King according to the Statute of Edw. 6. or in Hen. 8's time was no lawful Jurisdiction that is Mr. Hickeringill thinks as the Papists think War Hawk again Mr. Hickeringill and a praemunire too But this brings us to consider the Statute of Edw. 6. CHAP. IV. Ecclesiastical Jurisdiction is lawfully exercis'd without the Kings Name or Stile in Processes c. notwithstanding the 1 Edw. 6. 2. THat all Ecclesiastical Processes should be in the Name and Stile of the King c. according to the Statute of 1 Edw. 6. 2. is the great and old Objection not only of Mr. Hickeringill but several others SECT I. Answ But first if this Statute were not repealed as indeed it is there are several things in the body of it very considerable against Mr. Hickeringill and to our advantage 1. The Statute observes in the very foundation of it that it 's justly acknowledged by the Clergy of the Realm that all Courts Ecclesiastical within the Realms of England and Ireland be kept by no other Power or Authority but by the Authority of the King which it seems was then known without the Testimonies thereof then to be required and indeed is so still by the Oaths which all Ecclesiastical persons chearfully take before their Instalment 2. That there was such a thing in practice before the making this Act as Ecclesiastical Jurisdiction in the Church of England for the Statute saith that Archbishops c. do use to make and send out their Summons c. in their own names at that time who yet acknowledged all their Authority from the Crown Sect. 3. 3. The Statute allows the Ecclesiastical Jurisdiction it self and that the Archbishops and Bishops shall make admit c. their Chancellors and other Officers and Substitutes which supposeth the Constitution of the Spiritual Courts under their own names and with their own Seals Sect. 6. 4. This Statute also allows that some things are limited by the Laws and Customs of this Realm and if such things are depending in the Kings Courts of Record at Common Law are to be remitted to the Spiritual Courts to try the same Sect. 7. 5. But what is the penalty if they do not use the Kings Name and Stile and put the Kings Arms into their Seals of Office This is considerable 'T is well the Statute provided Sect. 4. a better hand to punish the delinquents than Mr. Hickeringill and a milder punishment than he interprets the Law to do the punishment is the Kings displeasure and imprisonment during his pleasure not the voiding the Jurisdiction as Mr. Hickeringill would have it And while the King knows the Statute is repealed as shall next appear we fear not but his Majesty is pleased with and will defend our Jurisdictions while we humbly acknowledge their dependency on the Crown and exercise the same according to his Laws though we presume not to use his Name and Stile and Arms without the warrant of Law SECT II. 1. FOR that Statute of 1 Edw. 6. 2. was repealed by the first and second of Philip and Mary c. 8. wherein we have these plain words The Ecclesiastical Jurisdiction of the Archbishops and Ordinaries are declared to be in the same state for process of suits punishment of crimes and execution of the Censures of the Church with knowledge of causes belonging to the same and as large in these points as the said Jurisdiction was the said twentieth year of Hen. 8. whereby that Statute is also revived as my L. Coke affirmeth Thus by Act of Parliament of which that Queen was the undoubted Head and by the power of the Crown of England and not the Pope the Ecclesiastical Jurisdiction of this Realm was established by our own Law is the same state wherein it stood before the twentieth of Hen. 8. and then we find that by our ancient Laws and Customs it was dependent on the Crown whatever some Church-men thought to the contrary 2. I have read that this same Queen Mary wore the Title of Head of the Church of England her self though in other points too too zealous for Popery and by this very Statute it is Enacted That nothing in this Act shall be construed to diminish the Liberties Prerogatives or Jurisdictions or any part thereof which were in the Imperial Crown of this Realm the twentieth year of Hen. 8. or any other the Queens progenitors before And we have found that the Ecclesiastical Jurisdiction of this Kingdom was subject to and dependent on the Imperial Crown secundum consuetudinem legem Angliae in her Ancestors time We have found also that this was the undoubted Judgment of the whole Kingdom in the Statutes of Hen. 8. Edw. 6. Queen Eliz. King James c. Now let it be shewn that this clause of the Statute of Queen Mary is repealed which is so agreeable to the ancient Customs and Rights of the Crown let this be shown and you do something This Statute of my Lord Coke's is not repealed by the 1 of Eliz. or King James though the 1 of Mary should be granted to be so Also the 25 Hen. 8. 20. being contrary to 1 Edw. 6. 2. is revived by 1 Eliz. and never repealed Rep. Coke 12. p. 9. I. Mr. Hickeringill indeed is bold enough but I find Mr. Cary timerous in
Land and not from the Pope Again they all take the Oaths of Supremacy and Allegiance before their Instalment which are the fence of the Crown against Popery And then in all their publick Prayers before their Sermons the Bishops and Archdeacons c. do Recognize the Kings Supremacy in all Ecclesiastical things and causes as well as Civil Again they Take the late Test and the same Oaths at the publick Sessions And lastly Mr. Cary himself confesseth that they acknowledge the said Supremacy in their publick Canons or Constitutions of the whole Church of England as he notes p. 2. in Can. 1 2 1603. And are all these less significant to testifie their dependance on and acknowledgement of their derivation from the Crown than the Kings Name and Stile and Arms which may be far enough from the Conscience in a Processe 2. For the second that there is not the same reason to use the Kings name in Ecclesiastical as in Civil Courts is apparent from the true cause of using it in the Civil Courts which being not known or well heeded may be the cause of the exception for Bishop Sanderson hath well observed the true reason of using the Kings name in any Court is not thereby to acknowledge the Emanation of the power or Jurisdiction of that Court from or the subordination of that power unto the Kings power or Authority as the objector seems to suppose but rather to shew the same Court to be one of the Kings own immediate Courts wherein the King himself is supposed in the construction of the Law either by his personal or virtual power to be present and the not using the Kings name in other Courts doth not signifie that they do not Act by the Kings Authority but only that the Judges in them are no immediate representatives of the Kings person nor have consequently any allowance from him to use his Name in the execution of them 1. This difference is evident among the Common Law Courts of this Kingdom for though all the immediate Courts of the King do act expresly in his Name yet many other more distant Courts do not as all Courts-Baron Customary-Courts of Copyholders c. and such Courts as are held by the Kings grant by Charter to Corporations and the Universities in all which Summons are issued out and Judgments given and all Acts and proceedings made and done in the name of such persons as have chief Authority in the said Courts and not in the Name of the King thus their stiles run A. B. Major Civitatis Exon N. M. Cancellarius Vniversitatis Oxon. and the like and not Carolus Dei gratia 2. Once more a little nearer to our case there are other Courts that are guided by the Civil as distinguish'd from the Common Law as the Court-Marshal and the Court of Admiralty the Kings Name in these is no more used than it is in the Courts Spiritual but all Processes Sentences and Acts in these Courts are in the Name of the Constable Head Marshal or Admiral and not in the Kings Name 3. I shall conclude this with those grave and weighty words of the same most admirable Bishop Sanderson in his excellent Treatise shewing that Episcopacy as Established by Law in England is not prejudicial to Regal Power worthy of every Englishman's reading his words to our purpose are these Which manner of proceeding like that of the Spiritual Courts constantly used in those several Courts before mentioned sith no man hath hitherto been found to interpret as any diminution at all or disacknowledgment of the Kings Soveraignty over the said Courts it were not possible the same manner of proceeding in the Ecclesiastical Courts should be so confidently charged with so hainous a crime did not the intervention of some wicked lust or other prevail with men of corrupt minds to become partial judges of evil thoughts p. 68 69. Mr. Hickeringill is one of those whom the Bishop describes i. e. that so confidently chargeth the Ecclesiastical Courts with that hainous crime and foundeth that confidence in the Statute of the 1 Eliz. 1. In charity to him I shall give him such words out of that Statute as do not only secure the Act of Queen Mary that repealed the Act of 1 Edw. 6. 2. requiring the use of the Kings Name in our proceedings from repeal in that particular but directly and expresly ratifies and confirms the same and our contrary proceedings accordingly So that our proceedings in the Ecclesiastical Courts without using the Kings Name or Stile or Arms according to 1 Edw. 6. 2. are allow'd and established by this very Act of Queen Eliz. thus Further Enacted by the Authority aforesaid that all other Laws and branches of any Act repealed by the said Act of repeal of Mar. and not in this Act specially mention'd and revived shall stand and be repealed in such manner and form as they were before the making of this Act any thing herein contained to the contrary notwithstanding 1 Eliz. 1. 13. but the Act of 2 Phil. and Mar. was not specially mentioned in this Act of Repeal nor any other And the Learned Judges in 4 Jac. observe that this Act of 1 Eliz. revives an Act of Hen. 8. repealed by Queen Mary and in both these Statutes 1 Edw. 6. 2. is made void and the present proceeding of Spiritual Courts without the Kings Name c. plainly confirm'd but vid. Coke Rep. 12. p. 7. CHAP. V. The Act of 1 Eliz. 1. Establishing the High-Commission Court was not the foundation of ordinary Ecclesiastical Jurisdiction in England against Mr. Hickeringill THE worthy Gentleman though he useth much Modesty and will not peremptorily assert and hath only fitted the matter for the consideration of wiser men if he can think there be any such reasons wonderfully after this new and unheard of manner or to this purpose if at all The Statute of Eliz. for the High-Commission Court was the only Basis of all Ecclesiastical power this continued indeed during her time and King James's but being repealed by 17 Car. 1. 11. and 13 Car. 2. 12. down came the Fabrick their great foundation thus torn up now they have neither power from God nor man nor ever shall for his Majesty hath by Statute Enacted never to empower them with any more Commissions to the worlds end Now their basis is taken away I cannot discern where their Authority lies Nak T. q. 1. p. 4 5 6. This is the Spirit of his Reason which he confesseth is not infallible for he saith as before he doth not peremptorily assert it But can a man have the face to write this first and then to say he is not peremptory Would a man in his wits expose himself in this manner in Print and blunder out so much prejudice envy spite and wrath against Government and talk such pitiful unadvised stuff about Law and think to shake the Fabrick of Ecclesiastical Jurisdiction that hath stood firm so long in the midst of all
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