fourth Custome was this that when an Arch Bishoprick Bishoprick Abbacy or Priory did fall void the Election was to be made by such of the Principall Dignitaryes or Members of that respective Church which was to be filled as the king should call together for that purpose with the kinges consent in the kings own Chappell And there the person elected was to doe his Homage and Fealty to the King as to his Liege Lord The Pope had no part to Act neither to collate nor consent nor confirm nor Institute nor induct nor ordeine The Second Law is the Statute of Carlile made in the time of Edward the First The summe of it is this That the king is the Founder of all Bishopricks and ought to have the Custody of them in the Vacancyes and the right of Patronage to present to them And that the Bishop of Rome usurping the Right of Patronage giveth them to aliens That this tendeth to the annullation of the State of holy Church to the Disinheriting of Kings and the Destruction of the Realm And they ordained in full Parliament that this is an Oppression that is as much as an entroachment or Vsurpation and should not be suffered The third law was made in the 15th yeare of Edward the third called the Statute of Provisors wherein they affirm that Elections were First granted by the Kings Progenitors upon a certain form or Condition to demand Licenfe of the King to chuse and after the Election to have his Royall Assent Which Conditions not being kept the thing ought by reason to resort to his First nature And there fore conclude that in case Reservation Collation or Provision be made by the Court of Rome of any Arch Bishoprick c. Our Soveraign Lord the King and his Heirs shall have and enjoy the Collations for the same time to the said Arch Bishopricks Bishopricks and other dignityes Elective which be of his Aavowre such as his Progenitors had before the free Election was granted They tell the King plainly that the Right of the Crown of England and the Law of the Land is such that the King is bound to make remedyes and Lawes against such mischiefes And they acknowledge that he is Advowée Paramont immediate of all Churches Prebends and other Benifices which are of the Advowry of holy Church That is as much as Soveraign Patron of the Church Where no Election can be made without the Kings Congé d' Estire or leave antecedent nor stand good without his subsequent consent it is all one as if the Crown did Collate I come next to the second Branch of the First Question about the Patronage of the Church Who hath power to Convocate and Dissolve Ecclesiasticall Assemblyes and whether the Crown or the Pope have usurped one upon another in this particular I cannot tell whether Henry the eighth or Paul the third did mistake more about that Aiery title of the head of the english church Henry the eight supposing that the right to convocate and dissolve Ecclesiasticall Assemblyes and to receive Tenths and First fruits did esseÌ„tially follow this Title And Paul the third declaringe it to be Hereticall and Schismaticall To be head of the English Church is neither more nor lesse then our Lawes and Histories ancient and Modern doe every where ascribe to our English Kings To be Governers of Christians To be the Advocates of the Church To be Patrons and Advowées Paramont of all Churches To be Defenders of the Faâ—h there Professed And to use the Words of the Convocation it self Ecclesiae Anglicanae Protectores singulares Vnicos Supremos Dominos The same body may have severall heads of severall kinds upon Earth as Politicall and Ecclesiasticall and then that which takes care of the Archirectonicall end to see that every member doe his Duty is alwayes Supreme That is the Politicall head This truth Cardinall Poole did see clearly enough and reconcile the seeming difference by distinguishing between a Regall head and a Sacerdotall head This truth the French Divines see wel enough and doubt not to call their King the Terrene head of the Church of his Realme without attributing to him any Sacerdotall right Wee had our Sacerdotall heads too in EnglaÌ„d without seeking for theÌ„ so far as Rome As the Archbishop of Canterbury in the Reigns of our English Monarchs who of old was Nullius unquam Legati ditioni subjectus Never subject to the Iurisdiction of any Legate When the Pope sent over Guy Archbishop of Vienna into England as his Legate throughout Britaigne for the Apostolicall See It was received with wonder and Admiration of all men Inauditum scilicet in Britannia cuncti scientes quemlibet hominum super se vices Apostolicas gerere nisi solum Episcopum Cantuariae All men did know that it was never heard in Britagne that any Man whatsoever had Apostolicall power over them but onely the Archbishop of Canterbury And accordingly the new Legate did speed so it followeth Wherefore as he came so he returned received as Legate by no man nor having exercised any part of his Legantine power This was the ground of that Letter of the English Bishops to the Pope That the Church of Canterbury might not be deprived of its dignity in his times and that he would neither Diminish it him self nor suffer it to be diminished As appeareth by the Popes acknowledgment in his answer But to come up close to the Difference The Question is not whether â—he Bishop of Rome have Authority to call Synods He is a Bishop a Metropolitan a Patriarch a Prince in his own Dominions As a Bishop he may Convocate his Diocesse As a Metropolitan his Province As a Patriarch his Patriarchate under the pain of Ecclesiasticall Censure more or lesse compulsory according to that Degree of Coactive power which hath been indulged to him in these Distinct Capacities by former Soveraigns And as a Prince he may convocate his Subjects under Politicall paines The more these two powers are united and complicated the more terrible is the Censure And therefore our kings would have their Bishops denounce spirituall paines also against the Violaters of their great Charters Spirituall paiues are more heauy then Politicall but Politicall most commonly are more speedy then Spirituall And more certain Spirituall paines doe not follow an erring Key but Politicall doe Neither will I dispute at praesent whether the Bishop of Rome by his reputed Primacy of Order or Beginning of Unity may lawfully call an Oecumenicall or Occidentall Councell by power purely Spirituall which consists rather in Advise then in Mandates properly so called or in Mandates of Courtesy not Coactive in the Exteriour Court of the Church considering the Division and Subdivision of the ancient Empire and the present Distractions of Christendome it seemeth not altogether in convenient Wee see the Primitive Fathers did Assemble Synods and â—ake Canons before there were any christian Emperours but that was by aurhority meerly spirituall they
deposited at Rome as a stock for defence against the Turk and no otherwise But the time is effluxed since and the Princes have learned by Experience that the moneys have not been imployed againsâ— the Turkes but converted to other Vses c. The Emperour Charles the fifth was not of the same mind as appeareth by his Letter to Pope Adrian the sixth where in he reciteth the same fraud and requireth that the Tenths may be detained in Germany for that Vse for which they were first intended Lastly Henry the eighth and the Church and Kingdome of England were not of that mind nor intended to indure such an egregious cheat any longer so extremely contrary to the Fundamentall Lawes of the Kingdome and destructive to them By which Lawes the King himself who onely hath Legislative power in England may not compell his Subjects to pay any such Pensions without the Good will and Assent of the Arch-Bishops Bishops Earls Barons Knights Burgesses and other Freemen of the land Much lesse can a forrain Prince or Praelate whatsoever he be impose any such payments by his own Authority This is that which is so often Condemned in our Statutes of Provisors Namely the imposing Pensions and exporting the Treasure of the Realme The Court of Rome is so far from any Pretense of Reparation that if their Predecessors were living they were obliged to make restitution These are all the Differences that are between us concerning the Patronage of the Church of EnglaÌ„d Yet now least he should urge that these Lawes alledged by mee are singular obsolete Lawes not Consonant to the Lawes of other Christian Kingdomes I will Paralell them with the Lawes and Liberties of France which he him self acknowledgeth to be a Catholick Country as they are recorded in two Authentick Bookes One of the Rights and Libertyes of the Gallican Church The Other The Defence of the Court of Paris for the Liberty of the Gallican Church against the Roman Court both printed by Authority First for the Patronage of the Church The fourth Liberty is The King hath power to Assemble or cause to be Assembled Synods Provinciall or Nationall and therein to treat of such things as concern Ecclesiasticall Order The seventh Liberty is The Prelates of the French Church although commanded by the Pope for what cause so ever it be may not depart out of the Kingdome without the Kings Commandement aâ—d License The eleventh Liberty is The Pope cannot impose Pensions in France upon any Benifices having Cure of Soules Nor upon any other but according to the Canons c. The Fourteenth Liberty is Ecclesiasticall persons may be Convented Iudged and sentenced before a secular Iudge for the First enormious Crime or for lesser offences after a relapse The fifteenth Liberty is All the Prelatest of France are obliged to swear Fealty to the King and to receive from him their Investitures for their Fees and Manours The nineteenth Liberty is Provisions Reservaâ—ioÌ„s expectative graces have no place in FraÌ„ce This is the brief summe of those Liberties which concern the Patronage of the Gallican Church agreeing perfectly with our old English Customes I shall shew him the same perfect Harmony between their Church Liberties and our English Customes the Assise of Clarendon the Statutes of Provisors and Premunire through out Either Mr. Serjeant must make the Gallican Church Schismaticall which he dare not doe and if I conjecture rightly hath no mind to doe or he must acknowledge our English Lawes to be good Catholick Lawes for Company Sect. I. Cap. VI. The next Vsurpation which offereth it self to our Consideration is the Popes Legislative power ouer the Church and Kingdome of England either in his person or by his Legates For the clearer understanding whereof the Reader in the first place may be pleased to take notice that we receive the ancient Canons of the Catholick church and honour them more then the Romanists themselves as being selected ouâ— of the Canons of Primitive Councells before the Roman Bishops did challenge any plenitude of Legislative power in the Church And especially of the first four General Councells of which King Iames said most truly that Publica Ordinum nostrorum Sanctione recâ—pta sunt They are received into our Lawes We acknowledge that just Canons of Councells lawfully Congregated and lawfully proceeding have power to bind the Conscience of Subjects as much as Politicall Lawes in themselves not from themselves as being humane lawes but from the Ordinance of God who commandeth Obedience of Subjects to all sorts of Superiours We receive the Canons of other Primitive Councells but not with the same degree of Reverence as wee doe the first four generall Councells No more did S. Gregory of old No more doth the Pope now in his solemne Profession of his Faith at his election to the Papacy according to the decree of the Councell of Constance That which restrained them restraineth us I am more troubled to thinke how the Pope should take himself to be an Ecclesiasticall Monarch and yet take such a solemne Oath In the Name of the Holy and undivided Trinity Father Son and Holy Ghost to keep the Faitâ— of the Councell of Chalcedon to the least Tittle What the faith of the Fathers of Chalcedon was in this greate Controversy about the Papacy may appeare by the six teenth Session and the Acclamation of the Fathers to the Sentence of the Iudges Haec justa Sententia haec omnes dicimus haec omnibus placent c. This is a just Sentence These things wee all say These things please us all c Secondly we acknowledge that Bishops were alwayes esteemed the proper judges of the Canons both for composing of them and for executing of them but with this caution that to make them Lawes the confirmation of the Prince was required and to give the Bishop a coactive power to execute them the Princes grant or concession was needfull The former part of this caution is evident in Iustinians confirmation of the fifth Generall Synod Haec pro communi Pace Ecclesiarum Sanctissimarum statuimus haec sententiavimus sequentes Sanctorum PatruÌ„ dogmata c. These things wee ordaine these things wee have sentenced following the opinion of the Holy Fathers c. Quae Sacerdotio visa sunt ab Imperio confirmata Which were approved by the Clergy and confirmed by the Emperour The second part of the caution is evident out of the Lawes of William the conquerour Qui decimam deâ—inuerit per justitiaÌ„ Episcopi Regis si necesse fueriâ— ad soluttioneÌ„ arguatur c. Who shall detain his Tythe Let him be convinced to pay it by the justice of the Bishop and if it be needfull of the King For these things S. Austin preached and taught and these things that is both Tythes and jurisdictioÌ„ were granted froÌ„ the King the Barons and the People So hitherto there is no difference betweeÌ„ us they acknowledge that the King
Legates did oppose the Acts of the Councell Gloriosissimi Iudices dixerunt The most glorieus Iudges said let both partyes plead the Canons By the Canons that great Councell of six hundred and thirty Fathers did examin it By the Canons they did determin it there was no inheritance pretended in the case Secondly if the Bishop of Rome did hold all his privileges by inheritance from S. Peter how much were three successive Popes over seen Zosimus Bonifacius and Caelestinus to ground them upon the canoÌ„s of the councell of Nice and these either counterfeited or mistaken for the Canons of Sardica Which when the African Fathers did find oâ—t by the true Copyes of the Nicene Councell they rejected that part of papall power as appeareth by their Letter to Pope Caelestine We earnestly beseech you that hence forwards you doe not easily lend an eare to such as come from hence nor which Bellarmine cuts of guilefully receive any more such as are excommunicated by us into your Communion with this sharp intimation Ne fumosum typum saeculi in Ecclesiam videamur inducere If soveraigne Iudicature did belong to the Bishop of Rome by Inheritance from St. Peter why did three popes challenge it upon the Decrees of the Nicene Concell and why did the Affrican Fathers refuse to admit it because it was not conteined in the Decrees of the Nicene Councell Thirdly if by Prince of Bishops Mr Serjeant understand an absolute Prince one who hath a single Legislative power To make Canons To abolish Canons to dispense with Canons as seemeth good in his owne eies if he makea greater Prince of the Steward then he doth of the Spouse of Christ he will have an hard Province to secure him self from the Censures of the Councells of Constance and Basile in the former of which were personally present one Empereur Two Popes Two Patriarchs All the Cardinalls The Embassadors of all' the Princes in the West and the Flower of Occidentall Schollars Divines and Lawyers These had reason to know the Tradition of the Universall Church as well as Mr. Serjeant Lastly before he can determine this to be an vndeniable truth and a necessary Bond of Vnity that the Bishop of Rome is Inheriâ—er of all the Privileges of St. Peter And that this Principle is Christs own Ordination recorded in Scripture He must first reconcile him self to his own party There is a Comentary upon the Synodall answer of the councell of Basile printed at Colone in the yeare 1613. wherein is mainteined That the Provinces subject to the foure great Patriarchs from the beginning of the Christian church did know no other Supreme but their own Patriarchs And if the Pope be a Primate it is by the church If he be the head of all churches it is by the church and where as wee have said that it is expressed in the councell of Nice that many provinces were subjected to the church of Rome by Ecclesiasticall custome and no other right the Synod should doe the greatest injury to the Bishop of Rome if it should attribute those things to him onely from Custom which were his due by divine right Gerson goeth much more accurately to worke distinguishing Papall rights into three sorts divine which the Bishop of Rome challengeth by succession from St. Peter Canonicall wherewith he hath been trusted by generall councells and civil granâ—ed to that See by the Emperours Of the first sort he reckoneth no more but three privileges To call councells To give sentencee with councels and Iurisdiction purely spirituall Among the Propositions given in to the councell of Pisa and printed with the acts of the councell wee find these first Although the Pope as he is the Vicar of Christ may after a certain manner be called the head of the church Yet the Vnity of the church doth not depend necessarily or receive its beginning from the Vnity of the Pope Secondly The church hath power and authority originally and immediatly from Christ its head to congregate it self in a gonerall councell to preserve its Vnity It is added That the Catholick church hath this power also by the Law of Nature Thirdly In the Acts of the Apostles we read of four Councells Convocated and not by the Authority of Peter but by the Common Consent of the Church And in one Councell celebrated at Ierusalem we read not that Peter but that Iames the Bishop of the Place was President and gave Sentence He concludeth that the Church may call a Generall Councell without the Authority of the Pope and in some cases though he contradict it The Writers and writings of those times in and about the Councells of Constance and Basile and the two Pisan Councells doe a bound with such expressions Before he determined positively The divine right of the Papacy as it includeth a Soveraignty of power he ought to consider seriously what many of his own friends have written about it as Canus and Cusanus and Stapleton and Soto and Driedo and Segovius as it is related by Aeneas Sylvius and others That the Popes succession is not revealed in Scripture That Christ did not limit the Primacy to any particular Church That it cannot be proved that the Bishop of Rome is perpetuall Prince of the Church That the Glosse which preferreth the Iudgement of the Roman Church before the Iudgement of the world singular and foolish and unworthy to be followed That it hath been a Catholick Tenet in former times that the Primacy of the Roman Bishop doth depend not upon divine but human right and the positive Decrees of the Church That men famous in the Study of Christian Theology have not been affraid in great Assemblies to assert the Humane Right of the Pope He ought to Consider what is said of a great King that Theologians affirmed that the Pope was the head of the Church by divine right but when the King required them to prove it they could not demonstrate it And lastly what the Bishop of Chalcedon saith lately To us it sufficeth that the Bishop of Rome is St. Peters Successour and this all Fathers Testify and all ihe Catholick Church believeth but whether he be so Jure divino or humano is no point of Faith Here Reader I must intreat the before wee proceed a step-farther to read his Assertion That the Constant beliefe of the Catholick World was and is that this Principle namely that the Bishop of Rome inherited the Privileges of St. Peter is Christs own Ordination recorded in Scripture Derived to us by the strongest Evidences that our Nature is capable of What a strange Confidenee is this to tell his Readers he cares not what so it may serve his present turne How should this be recorded in Scripture when the Bisshoprick of Rome is never mentioned in Scripture nor so much as whether St. Peter ever was at Rome Except we understand Rome by Babilon but this is too remote and too obscure to
power to name and constitute two and thirty Commissioners sixteen of the Clergy and other sixteen of the Peers and Parliament to view the Ecclesiasticall Lawes of the Kingdome and declare which were fit to be retained and which were to be abrogated The same Law is confirmed and enlarged The Sixth Law restreineth the payment of Tenths and First Fruits to the Bishop of Rome And prescribeth how Arch-bishops Bishops c. are to be elected and consecrated within the Realm without payment of any thing to Rome for Bulls and Pals c. The seventh law is an Act of Eâ—oneration of the Kings subjects from exactions and impositions heretofore paid to the See of Rome for Pensions Peterpence Licenses Dispensations Confirmations faculties c. and for having licenses and dispensations within the Realm without further suing for the same As being Vsurpations coâ—trary to the law of the land The eighth Act is Concerning the Kings Highnesse to be supreme Head of the Church of England that is Politicall head and to have Authority to redresse all Errours Heresies and Abuses in the same That is to say with externall Coactive Iurisdiction Wee never gave our Kings the power of the Keys or any part of either the Key of Order or the Key of Iurisdiction purely Spirituall but onely that Coactive power in the externall Regiment of the Church which their Predecessors had alwayes enjoyed The Ninth Act is for the annexing Tenths and first fruits to the Crown for the better supportation of the Burthens of the Commouwealth The tenth Act is au Act extinguâ—shing the Authority of the Bishop of Rome or extirpating it out of this Realm That is Not the Bishop of Romes Primacy of Order Not his beginning of Vnity Not that respect which is dne to him as Bishop of an Apostolicall See If he have not these it is his own fault This is not our quarrell It is so far from it that wee do not envy him any just legacies of Christian Emperours or Generall Councells But that which our Ancestors did extinguish and endeavour to extirpate out of England was the Popes externall Coactive power over the Kings Subjects in foro contentioso as wee shall see by and by when we come to state the quarrell rightly between us After this Act there followed au eleventh Act made for corroborating of this last Act to exclude the usurped power and Iurisdiction of the Bishops of Rome And both these Acts are backed with new Oaths as those times were fruitfull of Oaths such as they were The last Act of any moment was an Act of Ratification of the Kings Majestjes Style of Supreme head of the Church of England making it treason to attempt to deprive the King of it But as well the eighth Act which gave the King that title of the Head of the Church as this twelfth Act which makes it treason to attempt to deprive the King of it are both repealed and never were restored So are likewise the tenth Act of extinguishing the Authority of the Bishop of Rome and the eleventh act made for corroboration of that Act with both their Oaths included in them All that hath been added since of moment which concerneth the Bishop of Rome is one Act Restoring to the Crown the ancient Iurisdiction over the State Ecclesiasticall and Spirituall and abolishing all forrain power repugnant to the same Here is no power created in the Crown but onely an ancient Iurisdiction restored Here is no forrein power abolished but onely that which is repugnant to the ancient Lawes of England and to the Prerogative Royall In a word here is no power ascribed to our Kings but meerly Politicall aud Coactive to see that all their Subjects doe their Dutyes in their severall places Coactive power is one of the Keys of the Kingdome of this world it is none of the Keys of the Kingdome of Heaven This might have been expressed in Words lessé subject to exception But the case is clear The Grand Act xxv Hen. 8. cap. 12 The Injunctions of Queen Elizabeth The Articles of our Chutch Art 37. doe all proclaime that this power is merely Politicall Christ gave St. Peter a Commission to preach to baptise to bind and loose in the Court of Conscience but where did he give him a Commission to give Licenses to grant Facultyes to make Lawes to dispense with lawes to receive appeales to impose Tenths and First fruits in other mens Kingdomes whether the right owner will or no Who gave him power to take other mens Subjects against their Wills to be his Officers and Apparitors That is more power then Christ himself did challenge here upon Earth And now Reader take a Stand and looke about thee See among all these Branches of Papall power which were cast out of England if thou caust find either of St. Peters Keys or his Primacy of Order or his Beginning of Vnity or anything which is purely Spirituall that hath no further influence then merely the Court of Conscience No but on the other side behold a pack of the grossest Usurpations that ever were hatched and all so late that is was above a thousand years after the death of S. Peter be fore any of his pretended Privileges did see the sun in England observe them one by one The first is a power to dispense with English Subjects for holding Plurality of Benifices contrary to the Lawes of England And for non Residents contrary to the Statutes of the Realm It had been much to have made Merchandise of his own Decrees but to Dispense with the Lawes of the Land Non auderet haec facere Viduae mulieri He durst not doe so much to a poore widow woman as he did to the Church and Kingdome of England to dispense with their Lawes at his pleasure It is but vain for the Flower of our Kingdome to assemble aud consult about healthfull Lawes if a Forrainer have power to dispense with the breach of them as it seemeth good in his Eyes They might as well sit them downquietly fall to pilling of rushes The second Branch of Papall power which was Excluded out of England was the Popes Iudiciary power I doe not mean in Controversies of Faith when he is in the Head of a councell Yet Eugeniur the fourth confesseth that in points of Faith the sentence of the councel is rather to be atteÌ„ded theÌ„ the sentence of the Pope But I mean in points of meum and tuum not onely in some rare cases between Bishop and Bishop which had been lesse intollerable and had had more shew of Iustice but generally in all cases promiscuously as if the whole nation wanted either discretion or Law to determin their own differences at home without the help of the Roman Courtier tosqueese their purses It was not Henry the eighth but the old Lawes of England which gave them this blow against Appeales to Rome The third Branch of papall
to ruine c. And by the Counsaile of my Clergy and princes we have ordained Bishops through out the Cities and constituted over them Arch-bishop Boniface the Popes Legate Qui est missus Sancti Petri. Andâ—we have decreed every Yeare to congregate a Synod that in our Presence the Canonicall Decrees and the Rights of the Church may be restored and Christian Religion Reformed And in the Synod of Arles held under the said Emperour they begin the Synod with a solemne prayer for the Emperour The Lord of all things establish in the Conservation of his Faith our Most Serene and religious Lord the Emperour Charles by whose Command wee are here congregated And they conclude the Synod with a submission to him These things which wee judged worthy to be amended wee have briefly noted and decreed them to be presented to our Lord the Emperour beseeching his Clemency that if any thing be here waâ—tinâ— it may be supplied by his Prudence if any thing be amisse it may be amended by his Iudgement if any thing be reasonably taxed it may be perfected by his help through the assistance of the Divine Clemency So the Councell of Toures begin their Synodicall Acts That which was enjoined us by so great a Prince we accomplished in meeting at the time and place appointed Where being congregated wee noted such things by Chapters as needed to be amended according to the Canonicall Rule to be shewed to our most serene Emperour So they conclude their Acts These things wee have ventilated in our Assembly but how our most pious Prince will be pleased to Dispose of them wee his faithfull servants are ready at his beck and pleasure with a willing mind Lastly the Synod called Synodus Cabilonensis in the dayes of the said Emperour beginneth thus Our Lord Iesus Christ assisting us and the most renowned Emperour Charles commanding us c. We have noted out certain Chapters wherein reformation seemed necessary to us which are hereafter inserted to be presented to our said Lord the Emperour and referred to his most sacred Iudgement to be confirmed by his prudeÌ„t examination of those things which wee have reasonably decreed and wherein wee have been defective to be supplied by his Wisdome So they conclude We have ventilated these things in our Assembly but how it shall please our most pions Prince to dispose of them we his fathfull servants with a willing mind are ready at his beck and pleasure One Egge is not liker to another then these Synodicall Representations are to our old English Customes Yet these were Catholick times when Kings convocated Synods of their own Subjects and either confirmed or rejected their Acts as they thought meete for the publick good aud did give the Popes own Legate his power of presiding in them by their Constitutions who joined with the rest in these Synodicall Acts. I proceed to the third Branch of the Popes first usurpation concerning the tying of English Prelates by Oath to a new Allegiance to the Pope No man can serve two supreme Masters where there is a possibility of clashing one with another It is true one is but a Politicall Soveraign and the other pretendeth but a Spirituall Monarchy Yet if this supposed Spirituall Monarch shall challenge either a direct power and Iurisdiction over the Temporall in the exteriour Court as Pope Boniface did Nos nos imperia regna principaâ—us quicquid habere mortales possunt auferre dare posse Wee even Wee have power to take away and give Empires Kingdomes Principalities and what soever morâ—all men are capable of Or challenge an indirect power to dispose of all temporall things in order to spirituall good which is the opinion of Bellarmine and his party Or lastly shall declare those things to be purely spirituall which are truly Politicall as the Patronage of Churches and all Coactive power in the exteriour Court of the Church In all such cases the subject must desert the one or the other and either suffer justly as a Traitour to his Prince or be subjected unjustly to the Censures of the Church and be made as an Heathen or Publicane This is a sad case But this is not all If this poore subject shall be further perswaded that his Spirituall Prince hath Authority to absolve him from all Sinnes Lawes Oaths knowing that his temporall Prince doth challenge no such extravagant power what Emperour or King can have any assurance of the Fidelity of his own naturall subjects It is true a Clerk may sweare allegiance to his King and Canonicall obediente to his Bishop but the cases are not like No Canonicall obedience either is or can be in consistent with true allegiance The law full Canons oblige without an Oath And all that Coactive power which a Bishop hath is derived from the Prince and Subjected to the Prince The question then is not whether a Pastor may enjoine his Flock to abstaine from an unjust oath An oath of allegiance to a naturall Prince is justifiable both before God aÌ„d man Nor yet whether the Clergy have immunities orought to enjoy immunities such as reÌ„der them more capable of serving God alwayes the first Article in our Great Charter of England Let the Churâ—h injoy her Immunities The question is not whether Clergy men transgressing of the Canons ought to be tryed by Canonicall Iudges according to the Canons especially in the first instance For by the Law of England the Delinquent was alwayes allowed the liberty to appeale to Caesar. But the question is whether the Pope by any Act or decree of his can acquit English Subjects or prohibit them to do homage aud sweare Allegiance to their King according to the Ancient Lawes of the Realme because they are Clergymen And can Command them whether the King will or not to take a new Oath never heard of or practised formerly An Oath of Allegiance aud Obedience to himself So it is called expresly in the Edition of Gregory the thirteenth Electo in Archiepiscopum sedes Apostolica Pallium non tradet nisi prius praestet fidelitatis Obedientiae Iuramentum The Apostolicall See will not deliver the Pall to an Archbishop elect unlesse he first take aâ— Oath of Fidelity aud Obedience Wee have seen already how Henry the First was quietly seised aud possessed of the Homage of his Prelates aud their Oaths of and their Oaths of Fidelity and his Predecessors before him So wee have heard Platina confessing that before the Popedome of Paschalis the second the Homage and Feudall Oaths of Bishops were performed to Lay Men that is to Kings not Popes Thus much Eadmerus and Nauclerus and William of Malmesbury and Hoveden and Iorvalensis doe all assure us This agreeth sweetly not onely with the Ancient Law of Feuds from whence they borrowed the name of Investitures but also is confirmed by the decrees of ancient Councels as diverse Toletan Councells and that of Aquisgrane which who so desireth to see may find
the Prejudice of the Decrees of Generall Councells or the Privileges of the French Church Then he must give no Dispensarions against the Canons or Contrary to those Privileges Thus we have viewed all the reall differences between the Church of Rome and us concerning Papall power which our Lawes take notice of There are some other petâ—y Abuses which we complain of but they may be all referred to one of these four heads The Patronage of the Church of England The Legislative The Judicary and Dispensative powers Other differences are but the Opinions of particular Persons But where no Law is there is no Transgression Wee have seen evidently that Henry the eighth did cast no Branch of Papall power out of England but that which was diametrally repugnant to the Ancient Lawes of the Land made in the Reign of Henry the fourth Richard the second Edward the third Edward the first Henry the third Henry the second And these Lawes ever of Force in England never repealed no not so much as in Queen Maryes time when all the Lawes of Henry the eighâ—h and Edward the sixth which concerned the Bishop of Rome were repealed So that I professe clearly I doe not see what advantage Henry the eighth could make of his own Lawes which he might not have made of those ancieÌ„t lawes except onely a gawdy title of Head of the English Church which survived him not long and the Tenths and first fruits of the Clergy which was so late an usurpation of the Pope that it was not in the nature of things wheÌ„ those ancient lawes were made And since I have mentioned the Novelty of that upstart Vsurpation give me leave to let you see how it was welcommed into England whilest it was but yet hatching with the shell upon the Head of it By a Law of Henry the fourth about an Hundred yeares before Henry the eyghth so late this Mushrom began to sprout up For the grievous Complaints made to the King by his Commons in Parliament of the horrible Mischiefs and Damnable Custome which is introduced of new in the Church of Rome that none could have Provision of an Archbishoprick untill he had compounded with the Popes Chamber to pay great excessive summes of money as well for the First fruits as other lesser Fees and Perquisites c The King ordeineth in Parliament as well to the Honour of God as to eschew the Dammage of the Realm and perill of soules That whosoever shall pay such summes should forfeit all they had or as much as they might forfeit Wherein are Henry the eights Lawes more bitter against the Bishop of Rome or more severe then this is To conclude we have seen the precise time when all these Weeds did first begin to peep out of the earth The very first Introduction to the intended Pageant was the spoiling of Christian Kings of the Patronage of the Church which Bellarmine confesseth that they held Per non breve tempus For a long time A long time indeed so long as there had been Christian Princes in the world from Constantine the Great to Henry the fourth in the Empire and yet longer with us in Brittaine from King Lucius to Henry the First The Clergy of Liege say Nimium effluxit tempus quo haeâ— consuetudo incepit e. It is too long since this Custome of swearing fidelity to Princes did begin Aud under this Custome Holy and Reverend Bishops have yielded up their soules to God giving to Caesar that which was Caesars and to God that which was Gods But theÌ„ rose up Pope Hildebrand otherwise called Gregory the seventh Fortissimus Ecclesiae Dei Vindex The most undaunted Vindicator of the Church of God Who feared not to revoke and defend the old Holy Ecclesiasticall Lawes With this accordeth the Church of Liege Hildehran dus Papa Author hujus Novelli Schismatis primus Levavit Sacerdotalem Lanceam contra Diadema Regni c. Pope Hildebrand the author of this new Schisme first lift up his Episcopall Lance against the Royall diadeÌ„ And a little after Si utriusque Legis totam Bibliothecam c. If I turn over the whole Library of the old and new Law and all the ancient Expositors thereof I shall not find an Example of this Apostolicall precept onely Pope Hildebrand perfected the Sacred Canons when he Commanded Maud the Marchionesse to subdue Henry the Emperour for remission of her Sinnes I take no exceptions to the person of Pope Hildebrand others have done it sufficiently Whether the Title of Antichrist was fastened upon him justly or injustly I regard not Yet it was in the time of this Hildebrand and Paschalis his Successor that the Arch-bishop of Florence affirmed by revelatioÌ„ for he protested that he knew it most certainly that Antichrist was to be revealed in that age And about this time the Waldenses of whom St. Bernard saith that if we inquire into their Faith nothing was more Christian if into their Conversation nothing was more irreprehensible made their Secession from the Bishop of Rome And not long after in the yeare 1120. published a Booke to the world that the great Antichrist was come That the present Governers of the Roman Church armed with both Powers Secular and Spirituall who under the specious Name of the Spouse of Christ did oppose the right way of Salvation were Antichrist But I cannot but wonder what are those old holy Ecclesiasticall Lawes which Bellarmine mentioneth Those Institutions of the Holy Fathers which Hildebrand himself professeth to follow Sanctorum Patrum instituta sequenâ—es Why doe they mention what they are not able to produce or pretend what they never can perform Bellarmin hath named but one poore counterfeit Canon without Antiquity without Authority without Vse without Truth If Mr. Serjeant be able to help him with a recruit it would come very seasonably for without some such helps his pretended Institutions of the Fathers will be condemned for his own Innovations and for arrant Vsurpations and the Guilt of Schism will fall upon the Roman Court. Sect. I. Cap. IX But I expect it should be objected that besides these Statutes which concern the Patronage of the English Church the Legislative the Iudiciary the Dispensative power of Popes there are two other Statutes made by Henry the eighth The one an Act for extinguishing the Authority of the Bishop of Rome The other an Act for establishing the Kings Succession in the Crown wherein there is an Oath that the Bishop of Rome ought not to have any Iurisdiction or Authority in this Realm And that it is declared in the 37. Article of our Church that the Bishop of Rome hath no Iurisdiction in this Kingdome of England And in the Oath ordained by Queen Elisabeth That no Forrein Prelate hath or ought to have any Iurisdiction or Authority Ecclesiasticall or Spirituall with in this Realm I answer this Objection three wayes First as to the two Lawes
Court of the Church whereby men are compelled against their wills by Exteriour Meanes This the Apostles had not froÌ„ Christ nor their Successours froÌ„ them Neither did Christ ever assume any such power to him self in the world My Kingdome is not of this world And Man who made me a Iudge or divider over you Yet the greatest Controversies at this day in the Ecclesiasticall Court are about Possessions as Glebes Tithes Oblations Portions Legacies Administrations c. And if it were not for these the rest would not be so much valued in Criminibus non in Possessionibus potestas vestra quontam propter illa non propter has accepistis Claves regni Caelorum Saith St. Bernard well to the Pope Your power is in Crimes not in possessions for those and not for these you received the Keys of the kingdome of Heaven But suppose the Controversy to be about a Crime Yet who can summon another mans Subjects to appear where they please and imprison or punish them for not appearing without his leave All that power which Ecclesiasticall Iudges have of Externall Coaction they owe it wholy either to the Submission of the parties where the Magistrate is not Christian as the Iewes at this day doe undergoe such Penitentiall Acts as are enjoined them by their Superiours because the Reverence of them who obey doth supply the defects of their power who Command Or where the Magistrate is Christian they owe it to his Gracious Concessions Of which if any Man doubt and desire to see how this Coactive power how these externall Privileges did first come to be enjoyed by Ecclesiasticall persons Let him read over the first booke of the Code and the Authenticks or Novels of Iustinian And for our English Church in Particular let him consult with our best Historiographers Eadmerus was one whom they need not suspect of partiality as being Pope Vrbanes own Creature and by his speciall appointment placed over Anselm at his own intreaty as a Superviser to exercise his Obedience Whose injunctions had so much power over him that if he placed him in his Bed he would not onely not rise without his Command but not so much as turn him self from one side to another Vt cum Cubili locasset non solum sine praecepto ejus non surgereâ— sed nec latus inverteret What Marvell is it if the ancient Liberties of the English Church went first to wrack in Anselms Dayes about the Yeare of our Lord 1000 for he died Anno 1109 who being a Stranger Primate had so totally surrendered up his own reason to the Popes Creature Yet this Eadmerus saith of Lanfranke His wisdome recovered other Customes which the Kings of England by their Munificence had granted to the Church of Canterbury in ancient times and established them for ever by their sacred Decrees that it might be most free in all things All externall exemption and Coaction is Politicall and proceedeth originally from the Soveraign Prince This is that which S. Paul teacheth us The weapons of our warfare are not Carnall The weapons of the Church are Spirituall not worldly not externall But Citations and Compulsories and Significavits and Writs ad excommunicatum capiendum which are not written by the Bishops own hand yet at his beck and Apparitors and Iaolers c Are Weapons of this world and tend to externall Coaction For all which the Church is beholden to the Civill power to whom alone externall Coaction doth properly and originally belong This is that which St. Chrysostome observed in his comparison between a Bishop and a Shepheard It is not lawfull to cure men with so great Authority as the Shepheard cureth his Sheep For it is free for the Shepheard to bind his sheep to drive them from their meat to burn them to cut them But in the case of the Bishop the Faculty of curing consisteth not in him who administreth the Phisick but in him that is sick c. St. Chrysost. speaketh of power purely Spirituall which extendeth it self no further theÌ„ the Court of conscieÌ„ce where no man can be cured against his will But Soveraign Princes have found it expedieÌ„t for the good both of the Church and of the Commonwealth to strengthen the Bishops haÌ„ds by imparting some of their Politicall authority to him from whose gracious indulgence all that externall coactive power which Bishops have doth proceed Now to apply this to our purpose Wheresoever our Lawes doe deny all Spirituall Iurisdiction to the Pope in England it is in that sense that wee call the exteriour Court of the Churâ—h the Spirituall Court They doe not intend at all to deprive him of the power of the Keys or of any Spirituall power that was bequeathed unto him by Christ or by his Apostles when he is able to prove his Legacy Yea even in relation to England it self Our Parliaments never did pretend to any power to change or Abridge divine right Thus much our very Proviso in the body of our Law doth testify that it was no part of our meaning to vary from the Articles of the Catholick Faith in any thing Nor to vary from the Church of Christ in any other thing declared by the holy Scripture and the word of God necessary to salvation If wee have taken away any thing that is of divine right it was retracted before it was done Then followeth the true Scope of our Reformation Onely to make an Ordinance by Pollicies necessary and convenient to represse Vice and for good Conservation of the Realm in peace unity and tranquillity from ravine and spoile insuing much the ancient Customes of this Realm in that behalf That wich professed it self a Politick Ordinance doth not meddle with Spirituall Jurisdiction If it had medled with Spirituall Iurisdiction at all it had not insued the ancient Customes of the Realm of England In summe that externall Papall power which we rejected and cast out and which onely we cast out is the same which the English Bishops advised Aâ—selm to renounce when it was attempted to be obtruded upon the Kingdome But know that all the Kingdome complaineth against thee that thou endeavourest to take away from our Common Maister the Flowers of his Imperiall Crown Whosoever takes away the Customes which pertein to his royall dignity doth take away his Crown and Government together for we prove that one cannot be decently had without the other But we beseech the consider and cast away thy Obedience to that Vrban who cannot help the if the King be offended nor hurt thee if the King be pacified Shake of the yoke of Subjection and freely as it becomes an Arch-bishop of Canterbury in all thy Actions expect the Kings pleasure and Commands What soever power our Lawes did divest the Pope of they invested the King with it but they never invested the King with any Spirituall power or Iurisdiction witnesse the Injunctions of Queen Elisabeth witnesse the publick Articles of
his First Governourship are but generall unsignificant Termes which may agree as well to a beginning of Vnity or Primacy of Order as to an absolute Monarchy or plenitude of power If he will say any thing to purpose he must say it particularly particulars began the breach particulars must stop rhe breach I have given him an account what particular Differences we have with him concerning St. Peter what particular Differences we have with him concerning the Pope let him apply him self to those aud not make continuall Excursions as he doth out of the Lists When I acknowledged an Authority due to the Roman Bishop in the Church as a Bishop in his Diocesse as a Metropolitan in his Province as the Bishop of an Apostolicall See and Successour of St. Peter I expected thaÌ„kes there are many that will not yield him one inch of all these steps without a new conflict But behold the evill natures or evill manners of this Age I am accused for this of frivolousnesse and insincerity Yet I will make bold to tell this Apprentice in Theology that whensoever the case commeth to be solidly discussed it will be found that the principall grounds if I had said the onely grounds I had not said much amisse of the Popes pretended Monarchy are the just rights and Privileges of his Patriarchateship his Protopatriarchateship and his Apostolicall Chaire mistaken for Royalties for want of good Distinction I know the Court of Rome who have been accustomed in these latter times to milke the purses of their Clients doe not love such a dry Primacy as he phraseth it but where they have no more right and other Churches have a care to preserve their own Privileges they must have patience perforce His Parallel between the King of England and the Pope will be then to some purpose when he hath first proved that the Pope hath a Monarchy untill then it is a mere begging of the Question what a grosse Solecisme that is in Logick he cannot chuse but know But since he is favourably pleased to dispense with all men for the extent of Papall power so they believe the Substance of it and yet he himself either cannot or dare not determin what the Substance of Papall power is he might out of his Charity have compassion and not stile us Mountebankes who know no difference between Roman Catholiks and our selves about the Papacy but onely about the extent of Papall power Although he stile us hereticks now yet he was lately one of us himself and would have continued so longer if he had understood himself better or the times bene less Clowdy Let him call it Substance let him call it extent let him call it what he will I have given him our Exceptions to their Papacy let him satisfy them as well as he â—an and let truth prevaile We have not â—enounced the substance of the Papacy exâ—ept the substance the Papacy doe consist â—n Coactive power I side with no parties â—ut honour the Church of England and welcome truth wheresoever I meet it Tros Tyriusve mihi nullo discrimine habetur He telleth his Reader that I grant the whole question where I affirm that the Bishop of Rome had Authority all over as the Bishop of â—n Apostolicall Church or Successor of St. Peter Much good may it doe him As if every Bishop of an Apostolicall Church were straight way an universall Monarch or as if Authority did alwaies necessarily imply jurisdiction or every Arbitrator or Depositary were a legall judge I had reasoÌ„ to place a Bishop of an Apostolicall Church in my Climax after a Patriarch for the larger extension of his Authority every where not for the higher intension of his jurisdiction any where I urged that if the Bishop of Rome did succeed St. Peter by the ordinance of Christ in this Privilege to be the Prince and Soveraign of the Church endowed with a single Soveraignty of power that the Great Councell of Chalcedon was much to be blamed to give equall Privileges to the Patriarch af Constantinople with the Patriarch of Rome and to esteem the Imperiall City more then the Ordination of Christ. To the second part of this Argument that the great Councell of Chalcedon did ground the Advancement both of Rome and Constantinople upon the Imperiall Dignity of those two Cities and to much more which is urged there against him he is as mute as a Fish but to the former part he answereth that for any thing I know to the Contrary Rome might remain superiour in Iurisdiction though they had equall Privileges Very pretty indeed He would have his Readers to believe that a Soveraign and his Subjects have equall Privileges Equalls have no power one over another there may be a Primacy of Order among Equalls but Supremacy of power taketh away Equality Doth not he himself make it to be S. Peters Privilege to be Prince of the Apostles And doth not he tell us that this Privilege descended from S. Peter upon the Bishop of Rome Then if the Bishop of Constantinople have equall Privileges with the Bishop of Rome he is equall to him in this Privilege which descended froÌ„ S. Peter Let him listen to the eight and twentieth Canon of that Councell where having repeated and confirmed the decree of the Generall Councell of Constantinople to the same purpose they conclude thus for the Nicene Fathers did justly give Privileges to the See of old Rome because it was the Imperiall City And the hundred and fifty Godly Bishops in the Councell of Constantinople moved with the same consideration did give equall Privileges to the See of new Rome Rightly judging that that City which was the Seat of the Empire and the Senate should enjoy equall Privileges with the ancient Imperiall City of Rome and be extolled and magnified in Ecclesiasticall affaires as well as it being the second in Order from it And in the last sentence of the Iudges upon the Review of of the Cause The Archbishop of the Imperiall City of Constantinople or new Rome must enjoy the same Privileges of honour and have the same power out of his own Authority to ordain MetropolitaÌ„s in the Asiatick Pontick and Thracian Diocesses That is as much in Law as to say have equall Iurisdiction for all other rights doe follow the right of Ordination But he knoweth right well that this will not serve his turn his last refuge is to deny the Authority of the Canon telling us that it was no free Act but voted tumultuously after most of the Fathers were departed And miscalling it a Bastard issue pinned to the end of the Councell Which is altogether as false as any thing can be imagined to be It was done before the Bishops had their License to depart It had a secâ—nd hearing and was debated by the Popes own Legates on his behalf before the most glorious judges and maturely sentenced by them in the name of the Councell This was one of those four
Subjection at all to another Church They all agree in this the Britons were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all waies ordained at home independent upon any forrain Prelate ought no subjection to Rome And there fore it is no great wonder if Pope Gregory did not know when he was the favourite both of the Pope and people not long before his own promotion to the Papacy whether the Ilanders of Britain were Pagans or Christians To the same purpose speaketh Nicolas Trevet who having commended this Dinoth for a learned and a prudent man he addeth that Austin meeting him did demand that they should performe subjection to him as a Legate sent into this Land by the Pope and Court of Rome and demanded further that he would help him in preaching but he denied the one and the other Still Subjection is denied With these Baleus writing of Dinoth and the life of Austin in Sr. Henry Spellman and all our Antiquaries doe agree exactly And none of our Historiographers that I know doe disagree from it in the least who write upon that subject though some set it down more fully then others Iudge now Reader of Mr. Serjeants Knowledge or Ingenuity who telleth the so Confidently that the right of Subjection never came into play and when I said the British Clergy did renounce all obedieÌ„ce to the Bishop of Rome citing Bede and all others telleth me so confidently that I belied Bede and all our Historiographers at once I challenge him to name but one Historiographer who affirmeth the contrary to that which all these doe affirm if he be not able as he is not I might safely say without asking him leave that it striketh the Question dead His third Exception that it appeareth not that Sr. Henry Spellman found any other Antiquity in that Welsh Manuscript worth mentioning is so dull and unsignificant a piece that I will neither trouble myself nor the Reader with it And such like are his other Obâ—ections which helpresseth not but toucheth gently the Heads of them will not merit a repetition having been answered already by Doctor Hammond But when he is baffeld in the cause he hath a Reserve that Venerable Bede and Gildas and Fox in his Acts and Monuments do brand the Britons for wicked men making them as good as Atheists Of which Gang if this Dinoth were one he will neither wish the Pope such Friends nor envy them to the Protestants What needed this when he hath got the worst of the cause to revenge himself like a Pinece with a stinke We read no other Character of Dinoth but as of a pious learned and prudent man If Gildas or Bede have spoken any thing to the prejudice of the Britons it was not intended against the whole Nation but against particular persons There were St. Davids St. Dubricius's St. Thelaâ—s's St. Oudoceus's and Dinoths as well as such persons as are intended by Gildas or Beda What have they said more of the Britons then God himself and his Prophets have spoken of his own people or more then the Saxons have said one of another or more then maybe retorted upon any NatioÌ„ in Europe Have Gildas or Beda said more of the Birions theÌ„ St. Bernard and others have said of the Irish and yet Ireland was deservedly called the Island of Saints The Question is whether the British Church did ever acknowledge any Subjection to the Bishop of Rome Let him adorn this Sparta and leave other impertinencies Sect. V. That the King and Church of England had sufficient Authority to withdrawe their obedience from Rome The sixth Chapter of my Vindication comprehended my fourth ground consisting of these three particulars That the King and Church of England had sufficient Authority to reform the Church of England That they had sufficient Grounds for doing it And that they did it with due moderation His Rejoinder to this my fourth ground is divided into three SectioÌ„s whereof this is the first Whatsoever he prateth in this Section of my shuffing away the whole Question by balking the Bishop of Romes divine right to his Soveraignty of power to treat of his Patriarchall right which is humane is first vain For I alwayes was and still am ready to joine Issne with him concerning the Bishop of Romes divine right to a Monarchicall power in the Church saving alwaies to myself and my cause this advantage That a Monarchy and a Patriarchate of the same person in the same Body Ecclesiasticall are inconsistent And this right being saved I shall more willingly join issue with him about the Popes Monarchy then about his Patriarchate Secondly as it is vaine so it is altogether impertinent for my Ground is this that a Soveraign Prince hath power within his own Dominions for the publick good to change any thing in the externall Regiment of the Church which is not of divine Institution but the Popes pretended Patronage of the English Church and his Legislative Iudiciary and dispensative power in the exteriour Courtes of the same Church doe concern the externall Regiment of the Church aud are not of divine Institution Here the Hindge of our Controversy doth move without encombring our selves at all with Patriarchall Authority Thirdly I say that this discourse is not onely vaine and extravagant but is likewise false The Popes Protopatriarchall power and the Authority of a Bishop of an Apostolicall Church as the keper of Apostolicall Traditions deposited in that Church are the fairest flowers in his Garland Whatsoever power he pretendeth to over the whole Church of Christ above a Primacy of Order is altogether of humane right and the Application of that Primacy to the Bishop of Rome is altogether of humane right And whatsoever he presumeth of the Vniversall Tradition of the Christian Church or the Notion which the former and present world and we our selves before the Reformation had of the Papacy that is of the Divine right of the Popes Soveraignty is but a bold ratling groundlesse bragge I did and doe affirm that the Pope hath quitted his Patriarchichall power above a thousand yeers since not explicitly by making a formall Resignation of it but implicitly by assuming to himself a power which is inconsistent with it I was contented to forbeare further disputing about Patriarchall rights upon two Conditions one that he should not presume that the Pope is a Spirituall Monarch without proving it The other that he should not attempt to make Patriarchall Privileges to be Royall Prerogatives This by one of his peculiar Idiotisms he calleth Bribing of me If he had had so much Civility in him he might rather have interpreted it a gentle forewarning of him of two Errours which I was sure he would Commit After all his Bravadoes all that he hath pretended to prove is but a Headship a First Movership a Chief Governourship about which we have no Difference with them and all the proofe he bringeth even of that is a bold presumption that there
otherside that Church which shall not oâ—twardly acquiesce after a legall Determination and cease to disturb Christian Vnity though her Iudgement may be sound yet her Practise is Schismaticall This is the very case betwixt the Churches of Rome and England Shee obtrudeth Doubtfull Opinions as Necessary Articles of faith and her own Errours as necessary conditions of Communion Which Mr. Serjeant everywhere misseth and misteth with his Praevarications I cannot more fitly resemble his Discourse then to a Winter Torrent Which aboundeth with Water when there is no need of it but in Summer when it Should be useful it is dried up So he is full of proofes which he miscalleth Demonstrations where there is no controversy between us and where the water sticks in deed he is as mute as a fish He taketh great paines te prove that the Catholick Church is infallible in such things as are necessary to Salvation Whom doth he strike He beateth but the aire Wee say the same But wee deny that his Church of Rome is this Catholick Church and that the Differences between us are in such things as are necessary to Salvation Here where he should Demonstrate if he could he favours him self He proveth that it is unreasonable to deny that or doubt of it which is received by the universall Tradition of the whole Christian World What is he seeking Surely he doth not seek the Question here in Earnest but as he who sought for an Hare under the Leads because he must seek her as well where she was not as where she was We confesse that writing addeth no new Authority to Tradition Divine Writings and Divine Tradition Apostolicall Writings and Apostolical traditions if they be both alike certain have the same authority And what greater certainty can be imagined then the Vniversall Attestation of the Catholick Symbolicall Church of Christ. But the right Controversy lyeth on the other hand Wee deny that the Tradition whereupon they ground their Opinions wherein wee and They dissent is universall either in regard of time or place He endeavoureth with Tooth and Nayle to establish the Roman Papacy Iure divino but for the extent of Papall power he leaveth it free to Princes commonwealths Churches Universities and particular Doctors to Dispute it and bound it and to be Judges of their own Privileges Yet the maine controversy I might say the onely necessary controversy between them and us is about the extent of Papall power as shall be seen in due place If the Pope would content himself with his exordium Vnitatis which was all that his primitive praedecessors had and is as much as a great part of his own Sons will allow him at this day wee are not so hard hearted and uncharitable for such an innocent Title or Office to disturb the peace of the Church Nor doe envy him such a preheminence among Patriarchs as S. Pieter had by the confession of his own party amoÌ„g the Apostles But this will not be accepted either he will have all or none patronages tenths first fruits investitures appeales legantine courts and in one word an absolute Soveraignty or nothing It is nothing unlesse he may bind all other Bishops to maintein his usurped Roialtâ—es under the pretensed name of Regalia Sancti Petri by an Oath contradictory to our old Oath of allegiance althoâ—gh all these encroachmeÌ„ts are directly destructive to the ancient lawes and liberties both of the British and English Churches So we have onely cast of his boundlesse TiraÌ„ny It is he and his Court who have deserted and disclaymed his own just regulated authority as appeareth by the right stating of the question But M. Serjeant lapwing like makes the most pewing and crying when he is furthest from his nest What he is I neither know nor much regard I conclude he is but a young divine because he himself stileth his Treatise the Prentisage of his Endeavours in controversy Pag 2. And is it not a great boldnesse for a single apprentice if he doe not shoot other mens bolts after he hath bestowed a little Rhetoricall Varnish upon them to take up the Bucklers against two old Doctors at once and with so much youthfull presumption of victory that his Titles sound nothing but disarming and dispatching and knocking down as if Caesars Motto I came I see I overcame were his Birthright He that is such a conquerour in his apprentisage what victoryes may not he promise himself wheÌ„ he is grown to be an experienced Master in his profession But let him take heed that his over daring doe not bring him in the conclusion to catch a Tartar that is in plaine English to lose himself The cause which he oppugneth is built upoÌ„ a rock though the wind bluster aÌ„d the waues beat yet it cannot fall I heare moreover by those who seem to know him that he was sometimes a Novice of our English Church who deserted his Mother before he knew her If it be so to doe he oweth a double account for Schism and one which he wil not claw of so easily And if no man had informed me I should have suspected so much of my self Wee find Strangers civill and courteons to us every where in our Exile except they be set on by some of our own but sundry of those who have run over from us proved violent and bitter Adversaries without any provocation as Mr. Serjeant for example I cannot include all in the same Guilt Whether it proceed from the Consciousnesse of their owne guilt in deserting us at this time especially or the Contentment to gaine Companions or fellow Proselites or they find it necessary to procure themselves to be trusted or it be injoyned to them by their Superiours as a Pollicy to make the Breach irreparable Or what else is the true reason I doe not determine But this wee all know that Fowlers doe not use to pursue those Birds with Clamour whith they have a desire to catch His manner of writing is petulant railing and full of Praevarication as if he had the gift to turn al he touched into Absurdities Calumnâ—es and Contradictions Sometimes in a good mode he acknowledgeth my poore labours to be a pattern of wit and industry and that there is much commendable in them At other times in his passion he maketh them to be absurd non sensicall ridiculous and every where contradictory to them selves and mee to be Worse then a Madman or born foole Good words If better were within better would come out Sometime he confesseth mee to be candid and downright and to speake plaine at other times he accuseth me for a falsifier and a Cheater without ingenuity A signe that he uttereth whatsoever commeth upon his tongues end without regard to truth or falshood If he can blow both hot and cold with the same Breath there is no great regard to be had of him The Spartans brought their Children to love Sobriety by shewing them the detestable Enormityes which their Servants committed being Drunken
there is a breach between them and us is too evident and void of Question Whether they or wee be guilty of making this breach They by excommunicating us or obtruding unlawfull Conditions of their Communion upon us or wee by seperating from them without sufficient Grounds is a question between us But that which changeth the whole state of the Question is this If any Bishop or Church or Court Whatsoever shall presume to change the ancient Discipline of the Church and Doctrin of Faith either by Addition or by Substraction either all at once or by degrees and in so doing shall make a Breach between them and the Primitive Church or between them and the present Catholick Church To separate from him or them in those things wherein they had first separated from the Ancient or present Catholick Church is not Schism but trûe piety Now wee affirm that the later Bishops of Rome did alter the Discipline of the Church and Doctrin of Faith by changing their beginning of Vnity into a Plenitude and Universality of Soveraign Iurisdiction and by adding of new Essentialls of Faith to the Creed and in so doing had made a former Breach between them selves and all the rest of the Christian World Here the Hindge of the Controversy is moved Hitherwards all his supposed Demonstrations oâ—ght to have looked Neither will it availe him anything to say there can be no sufficient cause of Schism for in this case the Separation is not Schisme but the cause is Schism Secondly if by Demonstrative and rigorous Evidence he understand perfect Demonstrations according to the exact rules of Logick Neither is this cause capable of such demonstrations nor can his Mediums amount unto it but if by Demonstrative evideÌ„ce he understand onely convincing proofes as it seemeth by opposing it to probable reasons I have made it evident that the Popes Authority which he did sometimes excercise in England before the ReformatioÌ„ when they permitted him and which he would have excercised alwayes de futuro if he could have had his own will was a mere Usurpation and innovation never attempted in the Brittish Churches for the first six hundred yeares Attempted but not admitted by the Saxon Churches for the next five hundred yeares And damned by the Lawes of the successive Norman Kings ever since as destructive to the rights of the English Crown and the Liberties of the English Church as shall be manteined where soever occasion offers it self Yet all this while I meddle not with his beginning of Vnity If he want that respect from me it is his own fault And this includeth an answer to his third ground that the Papall Authority which wee rejected was so strongly supported by long possession and the Vniversall Delivery of Forefathers as come from Christ. He had alwayes some shew of right for his beginning of Vnity but no pretence in the world for his Soveraignty of power To make Lawes To repeale Lawes to dispense with the Cannons of the Vniversall Church to hold Legantine Courts to dispose of Ecclesiasticall prefermeÌ„tes to cal the subjets out of the kingdoms to impose tributes at his pleasure and the like Wee will shew him such an usurpation as this Let him prove such a Papacy by universall tradition and he shall be great Appollo to mee Wee doe not hold it prudence to hazard a Schism upon probabilities but trust me such a multitude of palpable usurpations as wee are able to reckon up so contrary to the fundamentall Lawes of England which were grounded upon the ancient Privileges of the Brittish and Saxon Churcheâ— together with the addition of twelve new articles or Essentialls to the Creed at once by Pius the fourth I say addition not explication are more then probabilities He converseth altogether in Generalls a Papacy or no Papacy which is commonly the Method of deceivers but if he dispute or treate with us wee must make bold to draw him down to particulars Particulars did make the Breach I censured his light and ludicrous title of Down derry modestly in these words It were strange if he should throw a good cast who soales his Bowle upon an undersong alluding to that ordinary and elegant expression in our English tongue Soale your bowle well that is be carefull to begin your work well Dimidium facti qui bene cepit habet The Printer puts seales for soales which easy errour of the presse any rationall man might have found out but Mr. Serjeants pen runs at random telling the Reader that I am Mystically proverbiall that I am far the better Bowler Surely he did but dreame it And that he him self is so inexpert as not to understand what is meant by sealing a Bowle upon an undersong If he were such a stranger in his Mothers Tongue Yet he might have learned of some of his friends what soaling a Bowle was rather then burthen the presse and trouble the World with such empty and impertinent Vanities Neither did his pleasant humour rest here but twice more in his short Rejoinder he is pursuing this innocent Bowle Afterwards he telleth us that I was beholden to the merry Sâ—ationer for this Title who without his knowledge or approbation would needs make it his Post-past to his bill of fare This answer if it be true had excused himself but it sheweth that the Stationer was over scurriloufly audacious to make such Antepasts and Postpasts at his pleasure Neither is it likely that the composer was such a perfect stranger to our langnage as he intimateth in his Epistle and the merry Stationer so well versed in our Vndersongs But after all this he owneth it by telling us that the jeast was very proper and fatall Yes as fatall as it is for his Rejoinder to contein 666 pages which is just the number of the Beast His merry Stationer might easily have contrived it otherwise for feare of a fatality by making one page more or lesse but his mind was otherwise taken up how to cheat his Customers with counterfeit bills of fare which they will never find I will endeavour to cure him of his opinion of fatality Sect I. Cap I. BEcause Mr. Serjeant complaineth much of wording and yet giveth his Reader nothing but words and calleth so often for rigorous demonstrations yet produceth nothing for his part which resembleth a strict demonstration and because this first part of his discourse is the Basis or ground worke of the whole building whereof he boasteth that it doth charge the guilt of Schisme upon our Church not onely with Colour but with undeniable Evidence I will reduce his discourse into a Logicall forme that the Reader may see clearly where the Water sticks between us Whatsoever he prateth of a rigorous demonstrative way as being onely conclusive it is but a Copy of his countenance He cannot be ignorant or if he be he will find by experience that his glittering principles will faile him in his greatest need and leave him in the durt I have known sundry
phantastick Persons who have been great pretenders to demonstration but always succeslesse and for the most part ridiculous They are so conceitedly curious about the premisses that commonly they quite mistake their conclusion Causes encombred with Circumstances and those left to the election of free agents are not very capable of demonstration The Case in difference between us is this as it is stated by me Whether the Church of England have withdrawn themselves from Obedience to the Vicar of Christ and seperated from the Communion of the Catholick Church And upon those Termes it is undertaken by him in the words immediatly following And that this Crime is justly charged upon his Church not onely with Colour but with undeniable Evidence of fact will appeare by the position of the Case and the nature of his exceptions We have the State of the Controversy agreed upon between us Now let us see how he goeth about to prove his intention What Church soever did upon probable reasons without any neeessary or convincing grounds break the Bonds of Vnity ordained by Christ in the Gospell and agreed upon by all true churches is guilty of Schisme But the Church of England in Henry the eightâ—s dayes did upon probable reasons without any necessary or convincing grounds break the Bonds of Vnity ordained by Christ in the Gospell and agreed upon by all true churches therefore the church of England is guilty of Schisme I doe readily assent to his Major proposition and am ready to grant him more if he had pleased to insert it That that Church is Schismaticall which doth breake the Bonds of Unity ordained by Christ in his Gospell whatsoever their reasons be whether convincing or probable and whosoever doe either consent to them or dissent from them But I deny his Minor which he endeavoureth to prove thus Whatsoever Church did renounce or reject these two following Rules or Principles first that The doctrines which had been inherited from their Forefathers as the Legacyes of Christ and his Apostles were solely to be acknowledged for Obligatory and nothing in them to be changed Secondly that Christ had made St. Peter first or chief or Prince of his Apostles who was to be the first mover under him in the Church after his departure out of this World and to whom all others in difficulties concerning Matters belonging to Universall faith or Government should have recoâ—rse and that the Bishops of Rome as Successors from St. Peter inherited from him this privilege in respect of the Successors of the rest of the Apostles That Church did breake the Bonds of Vnity ordained by Christ in his Gospell and agreed upon between the Church of England and the Church of Rome and the rest of her communion But the Church of England did all this in Henry the eyghts dayes that very yeare where in this unhappy Separation began upon meerly probable no convincing grounds Therefore c. To his former Proposition I made this exception That he would obtrude upon us she Church of Rome and its dependents for the Catholick Church Uppon this he flyeth out as it is his Custome into an invective discourse telling me I looke a squint at his position of the case He will not find it so in the conclusion And that I strive Hocus-pocus like to divert my Spectators eyes With a great deale more of such like froath where in there is not a syllable to the purpose except this that he did not mention the word Catholick in that place The greater was his fault It is a foule Solecisme in Logick not to conclude contradictorily I did mention the Catholick Church in the State of the Question Whether the church of England had separated it self from the communion of the Catholick Church And he had undertaken in the words immediatly following to charge that very Schisme upon us with undeniable Evidence And in his very first Essay shuffles out the Catholick Church and in the place thereof thrusts in the Church of Rome with all the rest of her communion He might have known that wee doe not looke upon the Church of Rome with all the rest of her Communion as the Catholick Church Nor as above a fifth part of the present Catholick Church And that wee doe not ascribe any such in fallibility in necessary truths to the Roman Church with all her dependants as wee doe to the true Catholick Church Nor esteem it alwayes Schismaticall to seperate from the modern Roman Church Namely in those points wherein shee had first seperated both from the primitive Roman Church and from the present Catholick Church But wee confesse it to be alwayes Schismaticall to seperate from the Communion of the Catholick Church united Thus much he ought to take notice of and when he hath oecasion hereafter to write upon this Subject not to take it for granted as they use to doe that the Catholick Church and the Roman Church are convertible Termes or tell us a Tale of a Tub what their Tenet is that these Churches which continue in Communnion with the Roman are the onely true Churches We regard not their Schismaticall and uncharitable Tenets now no more then we regarded the same tenets of the donatists of old They must produce better authority then their Owne and more substantiall proofes then he hath any in his Budget to make us believe that the Roman Church is the Catholick Church It is charity to acknowledge it to be a Catholick church inclusively but the greatest uncharitablenesse in the world to make it the Catholick church exclusively that is to seperate from Christ and from hope of Salvation as much as in them lieth all Christians who are not of their own communion Howsoever it is well that they who used to vaunt that the Enemy trembled at the name of the Catholick church are now come about themselves to make the Catholick Church to be an appendix to the Roman Take notice Reader that this is the first time that Mr. Serjeant turns his back to the question but it will not be the last My next taâ—ke is to examine his two Rules or Bonds of Unity And first concerning his Rule of faith I doe not onely approve it but thanck him for it and when I have a purpose to confute the 12 new Articles of Pius the fourth I will not desire a better medium then it And I doe Cordially subscribe to his Censure that the Transgressors there of are indeed those who are truly guilty of that horrid Schisme which is now in the Christian world To his second Rule or principle for Government that Christ made Sâ— Peter First or Chiefe or Prince of his Apostles who was to be the first mover under him in the church after he departed out of this world to whom all others should have recourse in greater Difficulties If he had not been a meer Novice and altogether ignoranâ— of the Tenets of our English Church he might have known that wee have no controversy
thing which offereth it self to our Consideration is his Minor Proposition Whether the church of England did breake these Bonds of Vnity c But I hold it more Methodicall to examine first the Proofes of his Major That these were the right Bonds of Vnity and so dispatch that part out of my hands All which was agreed upon unanimouslly between the Church of Rome and its dependents and the Church of England and delivred from hand to hand in them all by the Orall and immediate Tradition of a World of Fathers to a world of Children successively as a rule of Faith or Difcipline received from Christ and his Apostles which so vast a Multitude of Eye witnesses did see visibly practised from Age to Age is undoubtedly true and such a rule is infallible and impossibe to be Crooked But these two Rules are such Rules And so he concludeth that they are incapable of Vsurpations and as easy to teach faith as Children learn their A B C. I have given his Argument as much force and edge as I could possibly but all this Wind shakes no Corn. His other two Rules were not so much to be blamed as this Rule of Rules Orall and immediate Tradition Of such Orall and immediate Tradition it was that our Saviour told the Sribes and Pharisees That they made the Commandements of God of none effect by their Tradition And St. Peter told the dispersed Iewes that they were redeemed by the blood of Christ from their vain Conversation received by Tradition from their Fathers These were such Traditions as The Iewes pretended they had receiued from Moses and the Prophets as the Romanists pretend now to have received their Traditions from Christ and his Apostles Otherwise wee doe not onely admit Orall Traditions in generall as an excellent Introduction to the Doctrin of saving truth and a singular help to expound the holy Scriptures but also particular unwritten Traditions derived from the Apostles and delivered unto us by the manifest Testimony of the Primitive Church being agreeable to the holy Scriptures The Apostles did speak by inspiration as well as write and their Tradition whether by word or writing indifferently was the word of God into which faith was resolved The Traditions of the Catholick Church of this present or another age have this Privilege to be free from all Errours that are absolutely Destructive to Salvation but this they have not from the nature of Tradition which is subject to Errour to Corruption to Change to Contradiction Mobilitate viget viresque acquirit eundo but from the speciall Providence and protection of Christ who hath promised to be with his Church untill the end of the World In summe I deny both his Propositions First his Major Immediate Tradition from Parents to Children is not a certain and infallible Rule of Truth and Faith Traditions are often doubtfull doe often change with the times and sometimes contradict one another As we see in the Different Traditions of the Eastern and Western Churches about the observation of Easter And the Councells of Nice and Frankford about Images c. Neither points of Faith nor Papall rights are so visible as he imagineth Credulity and Ignorance and Prejudice and Passion and Interest doe all act their parts Upon his Grounds there can be no Ecclesiasticall Usurpations yet Experience teacheth us that there have been such Vsurpations in all Ages If he had reason to renounce the immediate Tradition of his Father and Grandfather and great Grandfather Then others may have the like and better reasons Let him believe the Suns dancing upon Easter morn and the Swanssinging and the Pellicans digging of her Breast with her Bill and all the Storyes of King Arthur and Robin Hood for it may be he hath received all these from his Elders by immediate Tradition He him self Confesseth that the possession of goverument must be such a possession as may be presumable to haue come from Christ not of such an one as every one knowes when it began P. 49. To what purpose is it to pretend tradition for all those branches of Papall power which are in controversy betweene them and us seeing all of them had their first originall eleven hundred yeares after Christ Secondly this is not all he ascribeth moreover too much to the immediate Tradition of the present Church but much more then too much to the immediate Tradition of his elders to make it absolutely infallible cui non potest subesse falsum and to resolve Faith into it The last resolution of Faith must be into that which is formally the word of God The voice of the present Church may be materially the word of God in regard of the matter and thing testified but it cannot be formally the word of God in respect of the Witnesses and manner of testifying But immediate Tradition is often a Seminary of Errours Thirdly he makes the Orall and immediate Tradition of Fathers to their Childâ—ren to be a more ready and safe Rule of Faith then the holy Scriptures which are the Canon of Faith and so ready that it is as easy as for Boyes to learn their A B C. aud so safe that it is impossible to be made crooked Lastly he Confoundeth the Tradition of the Roman Church with the Tradition of the Catholick Church yet the one is but particular the other Universall Tradition Saint Augustine setteth us downe a certeine rule how to know a true genuine Apostolicall tradition Quod univers a tenet Ecclesia nec Conciliis institutum sed semper Retentum est nonnifi authoriate Apostolica traditum verissiÌ„ me creditur Whatfoever the whole Church doth hold which was not instituted by councells but allwayes received is most rightly beleeued to have bene delivered by Apostolicall authority These three markes conjoinctly do most firmly prove an Apostolicall Tradition I do not denie but that there have bene Apostolicall Traditions which have wanted some of these Markes but they were neither necessary to salvation nor can be proved at this day after sixteene hundred yeares to have bene Apostolicall Traditions Whatsoever wanteth either universality or perpetuiâ—y is not absolutely uecessary Neither can the reception of one Apostolicall Church proue a tradition to be Apostolicall if other Apostolicall Churches do reject it and contradict it To conclude we give all due respect to Tradition but not so much to Orall Tradition as to Written Tradition as beingmore certain lesse subject to mistakes and more easily freed from mistakes Liter a scriptamanet A serious person if he be but to deliver a long message of importance from one to another will be carefull either to receive it in writing or put it in writing Nor so much to particular immediate Tradition as we do to Vniversall and perpetuall tradition He overshooteth himself beyond all aime in affirming of immediate and Particular Tradition that where it hath place it is impossible for usurpations or abuses to enter or find admittance He might as
had no coactive power to compell any man against his Will The Vttermost they could doe was to separate him from their Communion and to leave him to the Comming or Iudgement of Christ. Let him be Anathema mar an atha The true Controversy then is this Whether the Bishop of Rome by his Legates have Coactive power in the exteriour Court to Convocate Synods of English Subjects in England when he will where he will whom he will without their Consents and without the leave of the Soveraign Prince or King of England The Case being thus stated determineth it self Where should the Pope appoint a place of meeting in England without the Leave of the King of England Wee see by often experience that if the Pope have a desire to summon a Councell in Italy within the Dominions of another Soveraign Prince or Republick although they be of his own Communion he must First aske leave and obtein leave before he can tell how to doe it Or how should he pretend to any Coactive power in England without the Kings grant or leave where the power of the Militia and all Coactive force is legally invested in the King Thus for point of right Now for matter of Fact First I doe utterly deny that any Bishop of Rome by his own Authority did Convocate any Synod in the Brittish Island during the First eleven hundred yeares Or preside in any by his Legates Or confirm them by his Authority If he be no table to produce so much as one instance to the Contrary he may cry guilty to the Vsurpation where of he is accused and hold his peace forever Secondly I doe confesse that after eleven hundred yeares The Bishops of Rome taking advantage of our civill combustions and prostituting the reputation of the Apostolicall See to their temporall ends did by the leave of our Kings not otherwise sometimes call Synods in England and preside in them The first Synod held in England by any of the Popes Legats was at London in the yeare 1125. by Ioannes Cremensis Which moved England into no smal indignation to see a thing till then unheard of in the Kingdome of England A Priest sitting president upon an high throne above Arch Bishops Bishops bats c. But remember my third ground or Consideration of the difference betwen affirmative and negative Presidents All which this proveth is that the King did give leave or connive at that time But it doth not prove it cannot prove a right to doe the same at other times when the King contradicteth it Further wee ought to take notice that there is a greate deale of difference between an Ordinary Synod and an English Convocation Although in truth our Convocations be Synods So called from one word in the Kings writ to Summon them Convocari facias All the Clergy of the Realm were not present at an ordinary Synod but all the whole Clergy of the Kingdome were present at a Convocation either in their Persons or by their Proctors sufficiently authorised Secondly the absent Clergy had no such Obligation to the Acts of a Papall Synod as they had to the Acts of a royall Convocation sub Hypotheca bonorum omnium under the Caution or Pledge of all their Goods and Estates Lastly to drive the naile home and to demonstrate clearly the Grossenesse of this Papall usurpation it remaineth onely to shew that by the Ancient Lawes of England the calling of Convocations or Synods belonged properly to the King not to the Bishop of Rome or his Legates And first by reason By the Lawes of England more ancient then the Popes intrusion no Roman Legat could enter into the Kingdome withont the Kings leave nor continue in it longer then he had his License as wee shall see hereafter and therefore they could not convocate any Synods nor doe any Synodicall Act without the Kings leave Secondly by Records of the English Convocation itself that the Convocations of the Clergy of the Realm of England are alwayes have been and ought to be Assembled by the Kings Writ Anno 1532. Thirdly by the Form of the Writt which hath ever been the same in all succeding Ages constantly directed from the King to the English Arch Bishops for their distinct Provinces The very Form speakes it English sufficiently For certain difficult and urgent Businesses concerning the defence and security of the English Church and the peace tranquility publik good and defence of our Kingdome and Subjects Wee command and require you by that Allegiance and Love which you owe â—o us that you cause to be convocated with convenient speed in due manner all and singular Bishops of your Province Deanes and Priors of Cathedrall Churches c. And the whole Clergy of your diocesse and Province to meet before you c. Another Writ did alwayes issue from the King for the dissolution Wee command you that you dissolve or cause to be dissolved this present Convocation this very day in due manner without any delay c. Lastly by the concurring Testimonyes of all our Historiographers That all the space of time of eleven hundred yeares wherein the Popes did neither call Councells nor Preside in them nor Confirm them and after unto the very Reformation Our Kings did both call Councells and Preside in them and Confirm them and own their Lawes as I have shewed him by the Lawes of Ercombert Ina Withred Alfred Edwerd Athelstan Edmund Edgar Athelred Canutus and Edward the Confessor in my Vindication And particularly that Theodore Arch-Bishop of Canterbury Presided in a Councell in the Presence of Iohn the Popes Legate That King Edward Assembled a Synod and Confirmed the Acts of it as Decreâ—um Regis The Kings decree That King Withred called a Councell at Becancelde and Presided in it and that the decrees of the Councell issued in his name and by his Authority Firmiter decernimus c. in my Answer to the Bishop of Chalcedon All this he pretendeth to have answered but it is with deep silence If he desire more Presidents and more witnesses he may have a cloud of Authors upon holding up his Finger to prove undeniably that King Henry did not innovate at all in challenging to himself the right to Convocate the Clergy and dissolve them and confirm their Acts with in his own Dominions but followed the steps of his Roâ—al Predecessors in all Ages from the first planting of religion untill his own dayes And not onely of his own Ancestors but his Neighbours The President of Charles the great is very conspicuous To omit all my former Allegations in this behalf In the French Synod I Charlemain Duke and Prince of the Frankes by the Advise of the Servants of God and my Princes have congregated the Bishops wich are in my Kingdome with the Priests to a Synod for the feare of Christ to Counsaile me how the Law of God and Ecclesiasticall Religion may be recovered which in the Dayes of forepassed Princes is dissipated and fallen
no such power in the Pope to absolve Subjects from their allegiance in our Law With us Clergymen did ever pay Subsidies and taxes as well as lay men This is one Liberty which England hath not to admit of the Popes Lawes unlesse they like them A second Liberty of England is to reject the Popes Lawes in plaine termes The Pope made a Law for the Legitimation of Children borne afore Matrimony as well as those borne in Matrimony The Bishops moved the Lords in Parliament that they would give their consent to the Common Order of the Church But all the Earles and Barons answered with one voice that they would not change the Lawes of the Realm which hitherto had been used and approved The Popes legislation could not make a Law in England without the concurrence of the three Orders of the Kingdome and they liked their own old Lawes better then the Popes new Law A Third Liberty of England is to give a legislative Interpretation to the Popes Lawes which the Pope never intended The Bishop of Rome by a constitution made at the Councell of Lions excluded Bigamists men twice Married from the Privilege of Clergy that is that should Marry the second time de futuro But the Parliament made an Act that the constitution should be understood on this wise that whether they were Bigamists before the constitution or after they should not be delivered to the Prelates but Iustice should be executed upon them as upon other Lay people Ejus est Legem Interpretari cujus est condere They that can give a Law a new sense may abrogate it if they please A fourth Liberty of England is to call the Popes Lawes Vsurpations Encroachments Mischiefs contrary to and destructive of the Municipall Lawes of the Realme derogatory to the Kings Regality And to punish such of their Subjects as should pursue them and obey them with Imprisonment with Confiscation of their Goods and Lands with outlawing them and putting them out of the Kings Protection Witnesse all those noble Lawes of Provisors and Premunire Which we may truely call the Palladium of England which preserved it from being swallowed up in that vast Gulfe of the Roman Court made by Edward the first Edward the third Richard the second and Henry the fourth All those Collations and Reservations and Provisions and Privileges and Sentences which are condemned in those Statutes were all grounded upon the Popesâ—Lawes and Bulls and Decrees which our Ancestors entertained as they deserved Othobon the Popes Legate in England by the Command of Vrban the fifth made a Constitution for the endowment of Vicars in Appropriations but it prevailed not whereas our Kings by two Acts of Parliament did easily effect it No Ecclesiastical Act is impossible to them who have a Legislative power but many Ecclesiasticall Acts were beyond the Sphere of the Popes Activity in England The King could make a spirituall Corporation but the Pope could not The King could exempt from the Iurisdiction of the Ordinary but the Pope could not The King could Convert Seculars into Regulars but the Pope could not The King could grant the Privilege of the Cistercians but the Pope could not The King could Appropriate Churches but the Pope could not Our Lawes never acknowledged the Popes plenitude of Ecclesiasticall power which was the ground of his legislation Euphemius objected to Gelasius that the Bishops of Rome alone could not condemne Acatius ab uno non potuisset damnari Gelasius answered that he was condemned by the Councell of Chalcedon and that his Predecessor was but the Executor of an old Law and not the Author of a new This was all the ancient Bishops of Rome did challenge to be Executors of Ecclesiasticall Lawes and not single Law makers I acknowledge that in his Epistle to the Bishops of Dardania he attributeth much to the Bishops of Rome wich a Councell but it is not in making new Lawes or Canons but in executing old as in the case of Athanasius and Chrysostome The Privileges of the Abby of Saint Austin in EnglaÌ„d granted by the Popes were condemned as null or of no validity because they were not ratified by the King and approved by the Peers William the Conquerer would not suffer any man within his Dominions to receive the Pope for Apostolicall Bishop but by his command nor to receive his letters by any meanes â—nlesse they were first shewed to him It is â—ikely this was in a time of Schisme when there were more Popes then one but is sheweth how the King did interest himself in the affaires of the Papacy that it should have no further influence upon his subjects then he thought fit He who would not suffer any man to receive the Popes letters without his leave would much less suffer them to receive the Popes lawes without leave And in his prescript to Remigius Bishop of Lincolneâ— know ye all Earles and Viscounts that I â—ave judged that the Episcopall or Ecclesiasticall lawes which have bene of force untill my time in the Kingdome of England being not well constituted according to the praecepts of the holy Canons should be amended in the common assembly and with the Counsaile of my Arch-Bishops and the rest of the Bishops and Abbats and all the Princes of my Kingdome He needed not the helpe of any forreine Legislation for amending Ecclesiasticall Canons and the externall regiment of the Church Now let us see whether the Libertyes of France be the same with our English Privileges The second Liberty is this The Spirituall Authority and power of the Pope is not absolute in Franee if it be not absolute then it is not singly Legislative but limited and restreined by the Canons and ancient Councells of the Church If it be limâ—ted by Ancient Canons then it hath no power to abrogate Ancient Canons by new Canons Their ancient Canons are their Ecclesiasticall Lawes as well as ours and those must be received in that Kingdome They may be excellent Advisers without reception but they are no Lawes without publick reception Canons are no Canons either in England or in France further then they are received The third Liberty is No Command whatsoever of the Pope Papall decrees are his chief Commands can free the French Clergy from their Obligation to obey the Commands of their Soveraign But if Papall power could abrogate the ancient Lawes of France it did free their Clergy from their Obedience to their Soveraign Prince The sixteenth Liberty is The Courts of Parliament have power to declare null and voide the Popes Bulls wheÌ„ they are found contrary to the Liberties of the French Church or the Prerogative Royall The twentieth Liberty The Pope cannot exempt any Church Monastery or Ecclesiasticall Body from the jurisdiction of their Ordinary nor erect Bishopricks into Arch Bishopricks nor unite them nor divided them without the Kings license England and France as touching their Liberties walk hand in hand To conclude the Popes
our Church witnesse the Professions of King Iames witnesse all our Statutes themselves wherein all the parts of Papall power are enumerated which are taken away His Entroachments his Vsurpations his Oaths his Collations Provisions Pensions Tenths First fruits Reservations Palls Vnions Commendams Exemptions Dispensations of all kinds Confirmations Licenses Faculties Suspensions Appeales and God knoweth how many pecuniary Artifices more but of them all there is not one that concerneth Iurisdiction purely Spirituall or which is an essentiall right of the power of the Keys They are all Branches of the Externall Regiment of the Church the greater part of them usurped from the Crowne sundry of them from Bishops and some found out by the Popes themselves as the payment for Palls which was nothing in S. Gregoryes time but a free gift or liberality or bounty free from imposition and exaction Lastly consider the grounds of all our grievances expressed frequently in our Lawes and in other writers The disinheriting of the Prince and Peers The destruction and Anullation of the Lawes and the Prerogative Royall The Vexation of the King Liege people The impoverishing of the Subjects the draining the Kingdome of its treasure The decay of Hospitality The disservice of God And filling the Churches of England with Forreiners The excluding Temporall Kings and Princes out of their Dominions The Subjecting of the Realm to spoil and ravine grosse Simoniacall contracts Sacrilege Grievous and intolerable oppressioÌ„s and extortions Iurisdiction purely Spirituall doth neither disinherit the Prince nor the Peers nor destroy and anull the Lawes and Prerogative royall nor vex the Kings Liege people nor impoverish the Subject nor draine the Kingdome of its Treasures nor fill the Churches with Forreiners nor exclude Temporall Kings out of their Dominions nor subject the Realm to spoile and Ravine Authority purely spirituall is not guilty of the decay of Hospitality or disservice of Almighty God or Simony or Sacrilege or oppressions and extortions No No it is the externall regiment of the Church by new Roman Lawes and Mandates by new Roman Sentences and Iudgements by new Roman Pardons and dispensations by new Roman Synods and Oaths of Fidelity by new Roman Bishops and Clerkes It is your new Roman Tenths and First fruits and Provisions and Reservations and Pardons and Indulgences and the rest of those horrible mischiefs and damnable Customs that are apparently guilty of all these evills These Papall Innovations we have taken away indeed and deservedly having shewed the expresse time and place and person when and where and by whom every one of them was first introduced into England And we have restored to every Bird his own Feather To the King his Politicall Supremacy to the Peers their Patronages to the Bishops that Iurisdiction which was due to them either by Divine right or Humane right More then these Innovations we have taken nothing away that I know of Or rather it is not wee nor Henry the eighth who did take these Innovations away but our Ancesters by their Lawes three foure five hundred yeares old so soone as they began to sprout out or indeed before they were well formed as their Statutes yet extant doe evidence to the world But that filth which they swept out at the Fore doore the RomaÌ„ Emissaryes brought in again at the back doore All our part or share of this worke was to confirm what our ancesters had done I see no reason why I might not conclude my discourse upon this Subject Mutatis Mutandis with as much Confidence as Sanders did his visible Monarchy Quisquis jurabit per Viventem in aeternum c. Whosoever shall sweare by him that liveth for ever that the Church of England is not Schismaticall in respect of any Branches of Papall power which shee hath cast out at the Reformation he shall not forswear himself But Wagers and Oaths and Protestations are commonly the Arguments of such as have got the wrong end of the staffe I will shut up this long Discourse concerning Henry the eighths Reformation with a short Apostrophe to my Countrymen of the Roman Communion in England They have been taâ—ght that it is we who Apostate from the Faith of our Ancesters in this point of the Papacy that it is we who renounce the Vniversall and perpetual Tradition of the Christian world Whereas it is we who maintain ancient Apostolicall Tradition against their upstart Innovations whereas it is we who doe propugne the Cause of our Ancesters against the Court of Rome If our Ancesters were Catholick in this Cause we cannot be Schismaticall Let them take heed least whilst they fly oâ—t of a Panicall Feare from a supposed Schisme they doe not plunge themselves over head and eares into reall Schisme Let theÌ„ choose whether they will joine with their Ancesters in this cause or with the Court of Rome for with both they cannot joine If true English blood run in their veins they cannot be long deliberating about that which their Ancesters even all the Orders of the Kingdome voted unanimously That they would stand by their King and maintaine the rights of his Imperiall Crown against the Vsurpations of the Roman Court. I have represented clearly to you the true Controversy betweeÌ„ the Church and Kingdome of England and the Court of Rome concerning Papall power not as it is stated by private writers but in our English Lawes a glasse that cannot deceive us for so farre as to let us see the right Difference Let them quit these grosse Vsurpations Why should they be more ashamed to restore our lust rights then they were to plunder us of them Let them distinguish between Iurisdiction purely Spirituall and Iurisdiction in the exteriour Court which for the much greatest part of it is Politicall between the power of the Sword which be longeth to the Civill Soveraign and not to the Church further then he hath been graciously pleased to communicate it between that Obedience with procedeth from feare of wrath or from feare of Gods Revenger to execute wrath that is the Soveraign Prince and that Obedience which proceedeth meerly from conscience And then there is hope we may come to understand one another better It is true there are other Differences between us but this is the main Difference which giveth Denomination to the Parties And when they come to presse those Differences they may come to have such another account as they have now The wider the hole groweth in the middle of the Milstone Men see clearer through it Dies Diei eructat verbum nox nocti indicaâ— Scientiam The latter day is the Schollar of the former Sect. I. Cap. X. BY this time wee see that Mr. Serjeants great Dispatch will prove but a sleevelesse Errand and that his First Movership in the Church which he thought should have born down all before it is an unsignificant expression and altogether impertinent to the true Controversy between them and us Vnlesse as Dido did encompasse the
whole Circuit of Cathage with a Bulls hide by her art so he within his First Movership can comprehend the Patronage of the English Church and the right to Convocate and dissolve and confirm English Synods and to invalidate old Oaths and to impose new Oaths of Allegiance and to receive Tenths and first fruits and all Legislative Judiciary and dispensative power Coactively in the exteriour Court of the Church over English Subjects He cannot plead any Charter from England we never made any such Grant and althoâ—gh we had yet considering how infinitely prejudiciall it is to the Publick Tranquility of the Kingdome we might and ought more advisedly to retract what we unadvisedly once resolved And for Prescription he is so far to seek that there is aâ— cleare Prescription of eleven hundred Yeares against him So there is nothing remaineth for him to stick to but his empty pretense of divine Right which is more ridiculous then all the rest to claime a divine right of such a Soveraign power which doth branch it self into so many particulars after eleven hundred Yeares which for so many Ages had never been acknowledged never practised in the English Church either in whole or in part We cannot believe that the whole Christian world were Mole-eyed or did sit in darknesse for so many Centuries of years untill Pope Hildebrand and Pope Paschalis did start up like two new Lights with their Weapons in their hands to thumpe Princes and knock them into a right Catholick beliefe And indeed this Answer to his pretended demonstration by a reall demonstration where the true Controversie doth lye and who are the true innovators doth virtually answer whatsoever he hath said So I might justly stop here and sâ—spend my former paines but that I have a great mind to try if I can find out one of those many Falsifications and Contradictions which he would make ns believe he hath espied in my discourse if it be not the deception of his sight First he telleth us that our best Champions doe grant that our faith and its grounds are but probable Surely he did write this between sleeping and waking when he could not well distinguish between necessary points of faith and indifferent Opinions concerning points of faith Or to use Cajetans expression between determinare de fideformaliter and determinare de eo quod est fidei Materialiter Between points of faith necessary to be believed And such Questions as doe sometimes happen in things to be believed As for Essentialls of faith the Pillars of the Earth are not founded more firmly then our beliefe upon that undoubted Rule of Vincentius Quicquid ubique semper ab omnibus c. Whatsoever we believe as an Article of our faith we have for it the Testimony and Approbation of the whole Christian World of all Ages and therein the Church of Rome it self But they have no such perpetuall or Vniversall Tradition for their twelve new Articles of Pope Pius This Objection would have become me much better then him Whatsoever we believe they believe and all the Christian World of all Places and all Ages doth now believe and ever did believe except condemned Hereticks But they endeavour to obtrâ—de new Essentialls of faith upon the Christian World which have no such Perpetuall no such Vniversall Tradition He that accuseth another should have an eye to himself Does not all the World see that the Church of England stands now otherwise in order to the Church of Rome then it did in Henry the sevenths dayes He addeth further that it is confessed that the Papall power in Ecclesiastical affaires was cast out of EnglaÌ„d in Henry the eights dayes I answer that there was no Mutation concerniâ—g faith nor concerning any Legacy which Christ left to his Church nor concerning the power of the Keys or any Iurisdiction purely Spirituall but concerning coactive power in the exteriour Court concerning the Politicall or Externall RegimeÌ„t of the Church concerning the Patronage or civill Soveraignty over the Church of EnglaÌ„d and the Legislative Iudiciary and Dispensative power of the Pope in EnglaÌ„d over English Subjects Which was no more then a Reinfranchisement of ourselves from the upstart Vsurpations of the Court of Rome Of all which I have shewed him expresly the first source who began them when and where before which he is not able to give one instance of any such Practises attempted by the Bishop of Rome and admitted by the Church of England Who it is that lookes asquint or awry upon the true case in Controversy between us let the ingenuous Reader Iudge I doe not deny nor ever did deny but that there was a reall separation made yea made by us from their Vsurpations but I both did deny and doe deny that there was any SeparatioÌ„ made by us from the Institution of Christ or from the Principles of Christian Vnity This Separation was made long since by themselves when they first introduced those novelties into the Church and this Seperation of theirs from the pure Primitive Doctrine and Discipiine of the Church doth acquit us and render them guilty of the Schisme before God and man And therefore it is a vain and impertinent Allegation of him to tell us that Governours may lawfully declare themselves publickly and solemnly against the renouncers of their Authority by Excommunication unlesse he could shew that the Bishop of Rome hath such an absolute Soveraignty over us as he imagineth extending it self to all those Acts which are in Controversy between us And that in the exercise of the power of the Keys they proceded duely in a legall manner And especially that they did not mistake their own Vsurpation for the Institution of Christ as we affirm and know they did His whole Discourse about immediate Tradition is a bundle of uncertain presumptions and vain Suppositions First he supposeth that his Rule of so vast a multitude of Eye-witnesses of Visible things is uniform and vniversall but he is quite mistaken the practiâ—e was different The Papalms made Lawes for their Vsurpations and the three Orders of the Kingdome of England made Lawes against them To whom in Probability should our Ancestors adhere to their owâ— Patriots or to Strangers Secondly he presumeth that this uniform practise of his Ancestors was invariable without any shadow of Change but it was nothing lesse First Investitures were in the Crown and an Oath of Fidelity made to the King without any Scruple even by Lanfranke and Anselm both Strangers Afterwards the Investitures were decried as profane and the Oath of Fidelity forbidden Next a new Oath of Allegiance was devised of Clergimen to the Pope First onely for Archbishops then for all Prelates And this Oath at first was moderate to observe the Rules of the holy Fathers but shortly after more Tyrannous to maintain the Roâ—alties of Sainct Peter as their own Pontificalls the old and the new do witnesse First when they tooke away Investitures from the Crown they were all
he peradventure never read it But what doth he thinke of the Councells of Constance and Basile who professe themselves every where to be qualified to reform the Church tam in Capite quam in membris as well in the head as in the members They escape fairly if he doe not censure them as Protestants for they were great Reformers and they were no great Papists placing the Soveraign power under Christ in the Church and not in the first Mover I might well call the Reformation in Henry the eights time their Reformation the Papists Reformation rather then ours if the Reformers were more Papists then Protestants as it most evident I pressed him that if the Renunciation of the Bishop of Romes absolute vniversall Monarchy by Christs own Ordination be the essence of a Protestant then the Primitive Church were all Protestants He answereth it is flatsy false I am contented to be silent for the present but when time serveth it may be made appeare to be flatly true and that all that the Primitive Fathers did attribute to the Bishop of Rome was no more them a Primacy of Order or beginning of Vnity and that an absolute Monarchy by Christ Ordination is absolutely repugnant to the Primitive Discipline I proceeded then all the Graecian Russian Armenian Abyssen Christians are Protestants this day He answereth that it it is partly true and partly false and serveth onely to prove that the Protestants have fellow Schismaticks And why partly true and partly false when all the world seeth that all these Churches doe disown and disclaime the Popes Monarchy This is just the old condemned Tenet of the Schismaticall Donatists who did most uncharitably limit the Catholick Church to their own Party excluding all others from hope of Salvation as the Romanists doe now The best is we must stand or fall to our owne Master But by this means they have lost one of the notes of their Church that is multitude for they exclude three or four times more Christians out of the Communion of the Catholick Church then they admit into it I proceeded yet higher then we want not store of Protestants even in the bosome of the Roman Church it self His answer is that to speake moderately it is an impudent falshood and a plain impossibility for whosoever renounceth the Substance of the Popes Authority and his being head of the Church becomes totally disunited from the Church Good words His groundworke is to weake to support the weight of such an heavy accusation A Primacy of Order implyeth an headship as well as Supremacy of power neither is it destitute of all power It hath some power essentially annexed to it to congregate sub paena purè spirituali to propose to give sentence according to the votes of the College It may have an accessary power to execute the Canons according to the Constitutions of Councells and Imperiall Sanctions and Confirmations But all this commeth far short of that headship which he asserteth a Soveraign Monarchicall Headship of absolute power above the whole Church by Christs Ordination This is that Headship which he mainteineth against me every where This is that Headship which the Primitive Church never acknowledged This is that Headship which the Grecians Russians Armenians Abyssines and the Church of England renounce at this day This is that Headship which many of his own Communion who live in the bosome of the Roman Church do not believe as the Councells of Constance and Basile and Pisa the Schoole of Sorbon and very many others every where who do all reject it some more some lesse The maine difference and almost the whole difference between him and me is concerning Coactive power in the Exteriour Court over the Subjects of other Princes against their wills this is so far from being vniversaly believed throughout all places of the Roman Communion that it is practically received in few or no places further then it seemeth expedient to Soveraign Princes If the Pope himself did believe that he had such an absolute Soveraignty of Monarchicall power in the exteriour Court by Christs own Ordination to him and his Successors How could he alienate it from his Successors almost wholy to the Princes of Sicily and to their Heirs for ever within that Kingdome Or how could the Princes retein it If the King and Kingdome of France did believe that the Pope had such an absolute Monarchicall power in the Exteriour Court by Christs own Ordination how could the King of France forbid the Popes Legates without his License or restrain their Legantine Commissions by his Parliaments or sweare them to act nothing contrary to the Liberties of the Gallican Church and to cease to execute their Commissions whēsoever the King and Kingdome should prohibit them or reject Papall decrees further then they are received in that Kingdome Or if the Councell of Brabant did believe it how could they forbid the Subjects to repaire to Rome out of their own Country upon the Popes Summons All men know that there is no Privilege or Prescription against Christs own Ordination Qui pauca considerat facile pronunciat This is ever the end of his Contradictions Lastly he Chargeth me for omitting to answer to his reason that the renouncing the Pope is essentiall to Protestantisme Truly I neither did nor do hold it worth answering Cannot he distinguish between the whole Essence of any thing and one Essentiall He might as well affirm that he who believeth but one Article of his Creed is a Christian. This requireth no great skill to explicate it but I have remitted this Controversy to the Reader as fittest for his determination Sect. III. That Henry the 8. made no new Law But onely vindicated the ancient Liberties of England CHristian Reader thou hast seen hitherto how Mr. Serjeant hath failed altogether to make good his pretensions and in stead of those great mountains of Absurdities and falsifications and Contradictions which he promised hath produced nothing worthy of so weighty a cause or an ingenious Schollar but his own wilfull ridiculous mistakes We are now come to his third Section wherein thou maiest see this young Phaeton mounted in his Triumphant Chariot driving the poore Bishop as a Captive before him now expect to see him tumbling down headlōg with a fall answerable to his height of pride and insolence He professeth himself willing to stand to the Award of the most partiall Protestant living who hath so much sincerity as to acknowledge the Suns shining at noone day or that the same thing cannot both be and not be at once If after this lowd confident bragge he be not able to make any thing good that is of weight against me he hath forfeited either his Iudgement or his ingenuity and deserveth not to be a writer of Controversies I need no partiall Iudges but appeale to the indifferent Reader of what communion soever he be he needeth but to compare my Vndication his Answer my Reply his Rejoinder and my
Represētative Church that is a Generall Councell or Synod nor the Executive headship of each Patriarch in his Patriarchate nor the Bishop of Romes headship of Order among them and thus this great Objection is vanished By this he may see that we have introduced no new Form of Ecclesiasticall Government into the Church of England but preserved to every one his due right if he will accept of it and that we have the same Dependence upon our Ecclesiasticall Superiours which we had evermore from the Primitive times He chargeth us that we give no certain Rule to know which is a Generall Councell which not or who are to be called to a Generall Councell There is no need why we should give any new Rules who are ready to observe the old Rules of the Primitive Church Generall Summons to all the Patriarchs for them and their Clergy Generall Admittance of all Persons capable to discusse freely and to define freely according to their distinct Capacities and lastly the presence of the five Protopatriarchs and their Clergy either in their persons or by their suffrages or in case of Necessity the greater part of them doe make a Generall Councell Whilest we set this rule before us as our pattern and swerve not from it but onely in case of invincible Necessity we may well hope that God who looketh upon his poore Servants with all their Prejudices and expecteth no more of them then he hath enabled them to performe who hath promised that where two or three are gathered together in his name there will he be in the midst of them Will vouchsafe to give his assistence and his Blessing to such a Councell which is as Generall as may be although perhaps it be not so exactly Generall as hath been or might have been now if the Christian Empire had flourished still as it did anciently In summe I shall be ever ready to acquiesce in the Determinaation of a Councell so Generall as is possible to be had so it may be equall not having more Iudges of one Country then all the rest of the Christian world as it was in the Councell of Trent but regulated by the equall votes of Christian Nations as it was in the Councells of Constance and Basile and so as those Nations which cannot in probability be personally present may be admitted to send their Votes and Suffrages as they did of old and lastly so it may be free called in a free place whither all parties may have secure accesse and Liberty to propose freely and define freely according to the Votes of the Fathers without being stinted or curbed or overruled by the Holy Ghost sent in a Curriers Budget And for the last part of his exception that Hereticks should not be admitted I for my part should readily consent provided that none be reputed Hereticks but such as true Generall Councells have evidently declared to be Hereticks or such as will not pronounce an Anathema against all old Heresies which have been condemned for Heresies by undoubted Generall Councells But to imagin that all those should be reputed Hereticks who have been condemned of Heresy or Schisme by the Roman Court for their own interest that is foure parts of five of the Christian world is silly and senselesse and argueth nothing but their fear to come to a faire impartiall Tryall And this is a full answer to that which he allegeth out of Doctor Hammond that Generall Councells are now morally impossible to be had the Christian world being under so many Empires and Divided into so many Communions It is not credible that the Turke will send his Subjects that is four of the Protopatriarchs with their Clergy to a Generall Councell or allow them to meet openly with the rest of Christendome in a Generall Councell it being so much against this own Interest but yet this is no impediment why the Patriarchs might not deliver the Sense and Suffrages of their Churches by Letters or by Messengers and this is enough to make a Councell Generall In the First Councell of Nice there were onely five Clergymen present out of the Western Churches In the Great Councell of Chalcedon not so many In the Councells of Constantinople and Ephesus none at all And yet have these four Councells evermore been esteemed truly Generall because the Western Church did declare their consent and concurrence Then as there have been Generall Orientall Councells without the personall presence of a Western Bishop so there may be an Occidētall Councell without the personall presence of one Eastern Bishop by the sole Communication of their sense and their Faith Neither is such Communication to be deemed impossible considering what correspondence the Muscovian Church did hold long with the Patriarch of Constantinople and the Abyssine hath long held and doth still hold with the Patriarch of Alexandria It is cōfessed that there are too many different Communions in Europe it may be some more then there is any great cause for and perhaps different Opinions where there is but one Communion as difficult to be reconciled as different Communions But many of these Mushrome Sects are like those inorganicall Creatures bred upon the Bankes of Nilus which perished quickly after they were bred for want of fit Organs The more considerable parties and the more capable of reason are not so many if these could be brought to acquiesce in the determination of a free Generall Councell they would towe the other like lesser Boats after them with ease No man wil say that the Vnity of the Church in point of Government doth consist onely in their actuall subordination to Generall Councells Generall Councells are extraordinary Remedies proper for curing or composing new differences of great Concernment in Faith or discipline That being done Generall Councells may prove of more Danger then use No healthfull man delighteth in a continuall course of Phisick But Vnity consisteth also and Ordinarily in Conformity and submission to that discipline which Generall Councells have recommended to us either as the Legacies of Christ and his Apostles or as Ecclesiasticall Policies instituted by them with the Concurrence or Confirmation of Christian Soveraigns for the publick good of the Catholick Church He chargeth us that we have so formed Gods Church that there is no meanes left to asssemble a Generall Councell having renounced his Authority whose proper Office it was to call a Generall Councell His errours seldome come single but commonly by Clusters or at least by paires What height of Confidence is it to affirm that it is the proper Office of the Pope to call Generall all Councells when all ingenuous men doe acknowledge that all the First Generall Councells were Ab Imperatoribus Indicta Called by Emperours To which the Popes Friends adde that it was by the Advise and with the Consent of the Pope And Bellarmine gives diverse reasons why it could not be otherwise First because there was a Law which did forbid frequent Assemblyes for feare af Sedition Secondly
because no reason doth permit that such an Assembly should be made in an Imperiall City without the leave of the Lord of the place Thirdly because Generall Councells were made then at the Publick Charge He might have added that Councells did receive their Protection from Emperours and they who sit in Councells were the Subjects of Emperours In the second place he erreth in this also that we have taken away the meanes of assembling Generall Councells We have taken away no power from the Pope of convocating any Synods except onely Synods of the King of Englands Subjects within his own dominions without his leave which Bellarmine himself acknowledgeth to be agreable to reason If the Pope have any right either to convocate Generall Councells himself or to represent to Christian Soveraigns the fit seasons for Convocation of them either in respect of his Beginning of Vnity or of his Protopatriarchate we do not envy it to him since there may be a good use of it in respect of the division of the Empire so good caution be observed Bellarmine confesseth that that power which we acknowledge that is that though the Pope be no Ecclesiasticall Monarch but onely chief of the Principall Patriarchs yet the right to convocate Generall Councells should pertein unto him But it may be this is more then Mr. Serjeant did know My last Ground was the Exemtion of the Britannick Churches from forrein Iurisdiction by the Generall Councell of Ephesus As to the Exemtion of the Britannick Churches he referreth himself to what he had said formerly and so do I. To the Authority of the Councell of Ephesus he answereth that howsoever Cyprus and some others are exemted from a Neighbouring Superiour falsly pretending a Iurisdiction over them yet I shall never shew a Syllable in the Councell of Ephesus exemting from the Popes Iurisdiction as head of the Church Not directly a maÌ„ may safely sweare it for the Councell never suspected it the world never dreamed of it the Popes themselves never pretended to any such headship of Power and Vniversall Iurisdiction over the whole Church in those dayes All that the Primitive Popes claymed by divine right was a Primacy of Order or Beginning of Vnity due to the Chaire of St. Peter all that they claimed by humane right were some Privileges partly gained by Custome or Prescription and partly granted by the Fathers to to the See of Rome because it was the Imperiall City But there is enough in this very Canon collaterally to overthrow all the Vsurpations of the Roman Court There is no need that Britain should be named particularly where all the Provinces without exception are comprehended Let the same be observed in other Diocesses and in all Provinces There is no need that the Bishop of Rome should be expressed where all the Bishops are prohibited That no Bishop occupy another Province which formerly and from the beginning was not under the power of him or his Predecessours If the Fathers were so tender of pride creeping into the Church in those dayes or of the danger to lose their Christian Liberty in the case of the Bishop of Antioch who pretended neither to divine right nor Vniversall Iurisdiction what would they have said or done in the present case of the Bishop of Rome who challengeth not onely Patriarchall but Soveraign Iurisdiction not over Cyprus onely but over the whole world not from Custome or Canons but from the institution of Christ If Maister Serjeant be in the right then the Bishop of Antioch was quite out to sue for the Iurisdiction of Cyprus which beloÌ„ged more to the Bishops of Rome then to him Then the Bishops of Cyprus were quite oâ—t to challenge the Ordination of themselves and Iurisdiction over one another as a proper right belongiâ—g to themselves which they hold onely by Courtesy and favour from the Bishop of Rome Then the holy Synod was quite out to Determine so positively that not onely Cyprus but every Province should enjoy its rights and Customes inviolated which it had from the beginning without a Salvo or saving the right of the Bishop of Rome or a restriction so long as he pleaseth to permit them and to doe it in such Imperiall Terms It hath pleased the holy Synod or such is our pleasure Lastly the Pope himself was out to ratify the Privileges and exemptions of the Cyprian Bishops not onely from the Patriarch of Antioch but from himself also and to suffer his divine right to be trampled under foot by Customs and Canons which are of no force without him But this is the least part of the passages in the foure First Generall Councells which are repugnant to the Popes pretensions of a Generall Monarchy The Eastern Churches doe still adhere firmly to the Primitive Discipline and for this cause the Pope hath thought fit to excommunicate them Si violandum jus est regnandi causâ violandum est Against all our Grounds the most intolerable extortions that ever were heard of most grievous Vsurpations malignant Influence both upon the State Politick and Ecclesiastick and undoubted Privileges he produceth nothing but immediate Tradition and you must be content to take his bare word for it for he is altogether unfurnished of proofes Some men by telling strange Stories over and over do come at last to believe them It may be he believeth there was a Tradition for those Branches of Papall power which we cast out but we deny it altogether and require him to prove first that there was such a Tradition in England next that a particular Tradition is a sufficient proofe of divine Institution We admit readily that the Vnity of the Church is of great importance and the breaking of it an heinous Crime and that no abuses imaginable are sufficient excuse for a totall desertion of a just power Thus far in the Thesis we agree but in the Hypothesis we differ That which is a sufficient ground for a reformation is not a sufficient Ground for an extirpation So many so grievous so unconscionable extortions and Vsurpations and malignant influences as we complain of and prove are without all peradventure a sufficient ground of Reformation which is all our Ancestours did or we defend though not a sufficient cause of the extirpation of any just Authority Our Grounds are sufficient for a Reformation of abuses and encroachments which we acknowledge and which is all we did at the Reformation but for the abolition of any just power it is his fond Imagination we disclaime it altogether We have cast out all Papall Coactive Iurisdiction in the Exteriour Court as being Politicall not Spirituall but for any Papall Iurisdiction either purely spirituall or justly founded we have not medled with it Those things which we have cast out are onely abuses and Vsurpations So there is no need of that Consideration which he proposeth whether the abuses were otherwise remediable or not for our Reformation is that very Remedy which he himself hath prescribed to
to pervert as many as they can not to sow good seed in the Lords Field but to superseminare or sow Tares above the wheat We should thank them more to stay at home then to compasse Sea and Land to gaine Proselites as the Pharisees did and made them twofold more the Children of Hell then themselves He saith that this is the solemne Custome of their Church every Good Friday Let it be so but they have not the same incentive and provocation which we have we do not curse and Anathematise theÌ„ the day before as they doe us This Advantage we have over them that we render blessing for cursing which they doe not He addeth that they cannot be understood under the notion of Hereticks first because we acknowledge theirs to be a true Church and therefore not hereticall Secondly they are of Christs Flock already and therefore not reductble to his Flock To the First â— answer that a particular Church which is onely materially Hereticall not formally doth still continue a true Church of Christ. The Bishop of Chalcedon understood these things much better then himself this is confessed by him in the place formerly alleged A particular Church may be really Hereticall or Schismaticall and yet morally a true particular Church because she is invincibly ignorant of her Heresy or Schisme We agree with him wholy in the sense onely we differ in the expression What he calleth really Hereticall we stile materially Hereticall and what he calleth morally a true Church we use to stile Metaphysically a true Church that is by truth of Entity not of Morality Secondly I answer that the Flock of Christ is taken variously sometimes more largely sometimes more strictly more largely for all those that are In domo by outward profession more strictly for those who are Ex domo so in the Church that they are also of the Church by inward Sanctification And our Collect hath reference to this later acception of this word Flock So Fetch them home blessed Lord to thy Floek that they may be saved He taketh it ill that our Church hath chaÌ„ged these words in the Missall recall them to our Holy Mother the Catholick and Apostolick Church into this dwindling puling puritanicall expression of one Floek and one Fold under one Shepheard Whether it be because he hath a Pick against Scripture phrases as sounding too preacherlike or rather because our Church did presume to name the right Shepheard Iesus Christ and not leave it to their Glosses to entitle the Pope to that Office But certainly the Authority of the Catholick Church is not formidable at all to any Genuine Sonnes of the Church of England I doe readily acknowledge that it is the duty of each Orthodox Church to Excommunicate Formall Hereticks and them who swerve from the Apostles Creed as the rule of Faith but this doth not oblige the Church of England to Excommunicate all materiall Hereticks who follow the dictate of their conscience in inferiour Questions which are not Essentialls of Faith and do hold the truth implicitly in the preparation of their minds Neither do I ever know that the Church of England did ever excommunicate Papists in grosse qua tales but onely some particular Papists who were either convicted of other Crimes or found Guilty of Contumacy It were to be wished that the Court of Rome would use the same Moderation and remember how Ireneus reproved Pope Victor that he had not done rightly to cut of from the Vnity of the Mysticall body of Christ so many and so great Churehes of God This is that great nonsense which this egregious Prevaricatour hath found in our Collect that the English Church cannot reconcile her doctrine and her practise together Let him not trouble his head with that but rather how to recoucile himself with his own Church He will have prayers to be onely words no works but his Church maketh Prayer Fasting and Almes to be three satisfactory works My third proofe of our Moderation was that we doe not challenge a new Church a new Religion or new holy Orders but derive our Church our Religion our Holy Orders from Christ and his Apostles by an uninterrupted Succession we obtrude no Innovations upon others All this is quite omitted by this great pretender to Sincerity and yet he knoweth or may know that there have been pretended Reformers who have committed all these excesses But he catcheth hold of two words of my defence that we have added no thing I wish they could say as much nor taken away any thing but Errours To the former part he excepteth that he who positively denies ever addes the contrary to what he takes away He that makes it an Article there is no Purgatory no Masse no prayers to Saincts hath as many Articles as he who holds the Contrary I have taken away this answer before and Demonstrated that no negative can be a Fundamentall Article or necessary Medium of Salvation because it hath no Entity That there are an hundred greater disputes and Contradictions among them selves in Theologicall Questions or in these things quae sunt fideâ— materialiter then those three are between us and them Yet they dare not say that either the Affirmatives or Negatives are Articles of Faith The ChristiaÌ„ Church for fifteen hundred yeares knew never more then 12. old Articles of Faith untill Pius the 4th added twelve new Articles And now this young Pythagoras will make us more then 1200. Articles affirmative Articles and Negative Articles Fundamentall Articles and Superstructive Articles Every Theologicall truth shall either be a Fundamentall Article or an indifferent and unconcerning Opinion He saith our 22. Article defineth the Negative to Purgatory yet I like an ill tutored Child tell my old Crasy Mother the Church of England that she lies I hope by this time the Reader knoweth sufficiently that his penne is no slander If the Church of England did ever ill it was when she begot him Neither doe I tell the Church of England she lies nor dissent in the least from the Definition of the Church of England neither doth the Church of England define any of these Questions as necessary to be believed either necessitate medâ—i or necessitate praecepti which is much lesse but onely bindeth her sonnes for peace sake not to oppose them But he himself can hardly be excused from lying where he telleth us the good simple Ministers did sweare to maintein them Perhaps he was one of the simple Ministers did he ever sweare to maintein them did he ever know any man who did sweare to maintein them For him to urge such falshoods after they have been so often detected is double Effronterie Periisse puto â—ui pudor periit He inferreth further By the Bishops Logick these propositions that there are not two Gods that the devills shall not be saved nor the Saints in Heaven damned that there is no Salvation but through Christ must cease to be Articles of Faith and
become indifferent unconcerning Opinions because they are Negative I wish no more disparagement to any man then to be the authour of such an absurd assertion Either they are Fundamentall Articles or unconcerning Opinions How should they cease to be Articles which never were Articles That there is one God and one Saviour Iesus Christ that the life of the Saints is everlasting and the Fire of the devills Everlasting are Articles of Faith but every thing which may be deduced from these is not a distinct Article of Faith To the latter part of my plea that we tooke nothing away but weeds he pleadeth first that it is but a self supposition or a begging of the Question By his leave I have demonstrated that all the Branches of Papall power which are in controversy between them and us are all grosse Vsurpations and weeds which did never sprout up in the Church of England untill after 1100 yeares no man can say without shame that such were planted by Christ or his Apostles Secondly he excepteth that to take away Errours is a requisite act af Iustice not a proofe of Moderation On the contrary therefore it is a proofe of Moderation because it is a requisite Act of Iustice all virtue consisteth in the meane or in a moderation It is not his particular pretended supposititious Tradition which doth secure us that Christ was and that the Holy Scripture is the Genuine word of God but the Vniversall and perpetuall Tradition of the Catholick Church of Christ. My last proofe of our Moderation was that we are ready in the preparation of our minds to believe and practice whatsoever the Catholick Church of this present Age doth believe and practice And this is an infallible preservative to keep a man within the Pale of the Church whosoever doth this Cordially cannot possibly be a formall Heretick or Schismatick because he is invincibly ignorant of his Heresy or Schisme No man can have iust cause to seperate his Communion a Communione orbis Terrarum from the Communion of the Christian world If he would have confuted this his way had been to have proposed something which the Christian World united doth believe or practise which wee are not ready to believe or Practice This he doth not so much as attempt to doe but barketh and raileth without rime or reason First he telleth us we say that there is no Vniversall Church Chuse Reader whether thou wilt believe him or our Leiturgy wherein we pray dayly that God will inspire the Vniversall Church with the Spirit of Truth Vnity and Concord He telleth us that they doe not doubt but we have renounced our Creed Chuse Reader whether thou wilt believe him or our Leiturgy wherein we make profession dayly of the Apostolick Nicene and Athanasian Creeds He telleth us that we have renounced our reason If he had said onely that we had lost our reason it is more then any man in his right wits would say but to say we have renounced our reason is incredible The reason of all this is because we give no certein Rule to know a true Church from an Hereticall He supposeth that no Hereticall Church is a true Church The Bishop of Chalcedon may instruct him better that an Hereticall Church is a true Church whilest it erreth invincibly He saith that he hath lived in Circumstances to be as well acquainted with our Doctrin as most men are Yet he professeth that if his life were at stake be could not Determine absolutely upon our Constant Grounds VVhether Presbyterians Anabaptists or Quakers are to be excluded from the Vniversall Church or no. The nearer relation that he hath had to the Church of England the more shame for him to scoffe so often at the supposed Nakednesse of his Mother and to revile her so virulently without either ground or Provocation which gave him his Christian being He hath my Charitable Iudgement of Presbyterians in my Reply to the Bishop of Chalcedons Epistle And for the other Sects it were much better to have a little patience and suffer them to dye of themselves then trouble the world so much about them they were produced in a Storme and will dye in a Calme He may be sure they will never molest him at any Councell either Generall or Occidentall It is honour enough for them to be named in earnest by a Polemick writer But what manner of Disputing is this to bring Questions in stead of Arguments As what new Form of Discipline the Protestants have introduced What are the certain Conditions of a right Oecumenicall Councell What is the Vniversall Church and of what particular Churches it doth consist What are the notes to know a true Church from an Hereticall We have introduced no new discipline but reteined the old Our Conditions of a right Oecumenicall Councell are the same they were not altogether so rigorously exacted in case of invincible necessity We are readier to give an account of ourselves then to censure others either to intrude ourselves into the Office of God to distinguish perfectly formall Schismaticks from materiall Or into the Office of the Catholick Church to determine precisely who ought to be excluded from her Communion who not We exclude all those whom undoubted Generall Councells have excluded the rest we leave to God and to the determination of a free Councell as Generall as may be But because I would not leave him unsatisfied in any thing I am contented to admit their own Definition of the Vniversall Church That is the Company of Christians knit together by the profession of the same faith and the Communion of the same Sacraments under the Government of lawfull Pastours Taking away that purple patch which they have added at the latter end of it for their own Interest And especially of the Roman Bishop as the onely Vicar of Christ upon Earth And if they had stinted at a Primacy of Order or beginning of unity I should not have excepted against it He objecteth that Protestants have no grounds to distinguish true believers from false That were strange indeed whilest we have the same Scriptures interpreted by the same perpetuall Tradition of the Vniversall Church according to the same Analogy of Faith wherein we give this honour to the Fathers not to be Authours but witnesses of Tradition whatsoever grounds they have to distinguish true believers from false we have the same But because I made the Apostles Creed to be the rule of Faith he objecteth First then the Puritans who deny the Article of Christs descent into Hell must be excluded quite from the Vniversall Church If they be so what is that to the Church of England if they be turned out yet let them be heard first They plead that the manner of Christs descent is not particularly determined but let it be determined or not they ought to be turned out of the Vniversall Church by a Generall Councell and it may be they will submit to the Authority of a Generall
When his Substance of Papall Authority hath lost all its extent which he gives every man leave to question it is an Indivisible indeed His second Exception is just such another I pleaded that I speake expresly of the Pope and Court of Rome He rejoineth No my Lord but I would not let you change â—he Subâ—ect of the whole Question If he will change my sense he must take the Contradiction upon himself These are the Common Rules of disputing with this great Dictatour in Logick I chanced to say that our Religion and theirs is the same He bids me answer seriously whether the Roman Religion and ours do not differ in this very point of the Popes Supremacy If the Roman Religion be the Christian Religion then our Religion is the same Every Difference in this point or another point doth not make a Diverse religion A Garden weeded and a Garden unweeded is the same Garden We esteem it an honour to be Christians and no Dishonour to us that we are no Papists what they think of us concerneth themselves not us We do gladly admit the old Apostolicall Rule of Religion but we like not their new Rules or new Creeds And we are ready for peace sake to attribute as much to the Pope as many of their own Doctors doe that is a Primacy of Order or beginning of Vnity and the not accepting of this renders them guilty of Schisme and breaking the Vnity of Gods Church He demandeth if these rigorous Assertions be not the Generall Tenet of their Church whom do we impugn We impugn the Pope and Court of Rome whose Tenets these Rigorous Assertions are upon which they grounded their manifold Vsurpations which we have cast out deservedly and for so doing they have excommunicated us and so broken the Vnity of the Church The substance of the Popes just Authority is no more then a Primacy of Order or beginning of Vnity at the most This we have not cast out And this Act we can justify by betier Logick then he can oppose it We know the Pope hath sometimes remitted of his rigour when he was not able to make good his sentence by force but it will trouble him to find one instance of a Pope who hath ever retracted his unjust censures out of pure Conscience or acknowledged his unjust Vsurpations Whether he did or no we do not much regard being done with an erring Key Many Millions of Christians are saved which are out of his Catholick world Next follow two heavy Contradictions able to make Miloes back crack with their weight Take them in his own words for they are even absurd enough without any Aggravavation The Bishop said that all Catholick Kings abetted by their Doctors and Casuists did resist the Pope in his Vsurpations but here to shew how some Doctors at sometimes escaped the Popes Clutches he saith that the Pope and his Court have something els to doe then to enquire afâ—er the Teneâ—s of private Doctors Why may not this grow to be a Contradiction in time It is no Conciliation already The other Contradiction is yet more silly I said perhaps some of those Doctors lived about the time of the Councells of Constance and Basile that is one Enuntiation what is the other Nay there is none at all of mine Yet he cryeth score up another self contradiction How A Contradiction of one Proposition A Contradiction with a Perhaps Such a Contradiction was never heard of in our dayes nor in the dayes of our Forefathers But though it be not a self Contradiction yet perhaps it may contradict the truth No truly it conâ—â—adicts the Truth no more then it self I will take away the perhaps to give him Line enough Some of the Opposers lived in this last Age Yet the Bishop saith some of them lived in the time of the Councells of Constance This is the first time that ever a Contradiction was pretended betwixt two particular Propositions such as these He saith that none can tell what I meane by their living out of the Popes reach I told him my self their being protected by Soveraign Power My lord the Emperour defend me with the Sword and I will defend the with the Penne. He saith what the Sorbon Doctors thought of the Court of Rome concerns not me nor the Question They ever valued the Popes Supremacy as a point of Faith for the not doing of which we are cast out of the Church He will find that it doth both concern me and the Question If the Court of Rome had not obtruded another manner of Supremacy then the Sorbon Doctors allowed this Schisme had never been For all the Popes Supremacy they radicated Ecclesiasticall power in the Church they subjected the Pope to the Church they made him no Soveraign Prince but a Duke of Venice lesse then the Senate that is lesse then a Generall Councell All that they allowed him was a beginning of Vnity where have we dissallowed that He accused Our bloudy Lawes and bloudier Execution I referred him to my Reply to the Bishop of Chalcedon where this Question is clearly stated and fully discussed and I expected an account from him of that he had to say against it solidly and fully but I see Omnibus hoc vitium est Cantoribus inter Amicos Vâ—nunquam inducant animum cantare rogatâ— Injussi nunquam desistant He delighteth altogether in Generalls and I love to have Controversies circumstantiated Qui pauca considerat facile pronuntiat I bring more then pretended Feares and Iealousies on our part to Iustify our Lawes even grosse treason by the Law of Nations on their parts He saith that in my 48. page I cleare their Religion from destroying Subjection to Princes All I say is this their Religion is the same with ours that is Christian and needeth not to be cleared from being a Source of Sedition or an Incentive to Rebellion Here is something to clear Christian Religion but not Popery qua talis as it is obtruded Well but he saith he will supply that defect I subsume But the Supremacy of the Pope is to us a point of Faith Therefore the holding of it is according to him no wayes injurious to Princes Observe Reader it is he subsumes not I so it is he that clears them qua tales as they are Papists not I. And how doth he clear them By a Syllogisme as memorable as his Contradictions His Assumption is But the Supremacy of the Pope is to us Roman Catholicks a point of Faith Therefore the holding of it is according to him the Bishop of Derry no wayes injurious to Princes Stay Sr. here is a Syllogisme with a witnesse which hath more in the ConclusioÌ„ then there was in the premisses namely according to him Who taâ—ght you this Logick to assume for yourself and Conclude for me Here he presents the Reader with two new Contradictions of mine as silly and senselesse as the rest They are these that I say the Instances cited by me were before the disloyall
Governed The Supreme Governesse in respect of its Representative a Generall Councell to which all Ecclesiasticall Officers higher or lower whether Constituted by Christ or substituted by the Church doe owe an account And the Governed in respect of that Vniversality of Christians which he mentioneth And this sounds much more sweetly in Christian eares then to make either the Pope the Maister or the Church of Rome the Mistresse of the Church He brought an Argument for the Succession of the Roman Bishop drawn from the Vicissitude of Humane affairs I retoâ—ted it upon himselfe that Rome itself was as much subject to this Vicissitude as any other place it may be destroyed with an Earthquake He saith It must be an unheard of Earthquake which can swallow up the whole Diocesse if the City be destroyed yet the Clergy of the Roman Diocesse can elect to themselves a new Bishop But this new elected Bishop shall be no more the Bishop of Rome after it is destroyed But that which concerneth him and the cause more is he proposeth my Objection by halfes I said it might be destroyed by warres also that is both City and Diocesse and become a place for Satyrs to Dance in and Owles to scrâ—ech in As great Cityes as Rome have run that Fortune In that case what will become of his Election I added it may become Hereticall or Mahumetan He answereth True so may the whole Church if it had pleased God so to Order causes No by his leave not so Christ hath promised that his Vniversall Church shall never faile but he hath not promised that Rome shall never faile I said the Church never disposeth so of her Offices as not to be able to change her Mesnagery according to the Vicissitude of Humane affaires He opposeth that I granted in the foregoing Page that Christ himself and not the Church instituted this Prineipality or Primacy and bids me shew that the Church hath Authority to change Christs Institution I did not grant it but suppose it but whether granted or supposed it is not materiall to the purpose The Church hath no power to change Christs Institution in Essentialls but all Ecclesiasticall Officers whatsoever are her Officers and she hath power to dispose of them and govern them and to alter what is not Essentiall I know there are other meaus between Tyranny and Anarchy besides Aristocracy even all lawfull Formes of Government as Monarchy and Democracy but in the Government of the Catholick Church Monarchy and Democracy had no place unlesse it were in respect of Particular Diocesses or Provinces and therefore to have named Monarchy here had been superfluous and impertinent But the Government of the Primitive Church in the Apostles and their Successours was ever Aristocraticall first by an equall Participation of power in the Apostles and then by a Subordination of Bishops in their Successours and this as well out of Generall Councells as in them as well before there were Generall Councells as after It is not my want of Memory but his want of Iudgement to pursue such shadowes as these and nickname them Contradictions He askes how should a Primate of Order who hath no power to Act at all in order to the Vniversall Church have more power to prevent her good or procure her harme then one who hath Soveraignty of power This is his perpetuall Practise to dispute from that which is not granted St. Peter was a Primate of Order aâ—ong the Apostles and no more yet he had power to act singly as an Apostle and as a Primate among the Apostles he had power also to Act jointly with the Aposâ—olicall College so have all other Primates of â—rder Whatsoever Mr. Serjeant thiâ—kes Our Saviâ—uâ— thought this Form of Goveâ—ment as conducible to the good of his Church both to procure her Good and to prevent her harm as an absolute Soveraignty I doe not feast the Reader with Contradictions Nothing is more true then my Assertion but he abuseth his Reader with notorious Fictions If the Papacy be the Bridle in the mouth of the Church then without peradventure the Pope is the Rider though the Papacy be not I said enough before to let him see the unfitnesse of his lâ—dicrâ—us Allegory and taxed him for it if he delight in it let him pursue it Nos hac a Scabie tenemus ungues How the Church doth both govern and is governed I have shewed him formerly In his answer he fell into a large Encomiuâ— of the Papacy demanding among other things What Christian Prince can chuse but be glad to have an Arbitrator so prudent so pâ—â—â—s so distinteressed as a Good Pope should be and if this Authority were duely Governed I told him that to looke upon men as they should be was to write dreaming He rejoineth that he lookes not upon men at all in this place but speakes of the Office it self And challengeth me what say you to the Office it self I answer first he saith not truely for he did looke at men in this place otherwise why did he adde this Condition as a good Pope should be And this other If this Authority were duely governed Certainly he who lookes upon an Arbitrator so prudent so pious so Disinteressed as a good Pope should be looketh something upon men And so in truth he ought to doe but his fault is that he lookes upon them as they should be and not as they commonly are which is the same fault I taxe him with to write Dreaming not waking Now to his Question What say you to the Office it self I say first that though he hath stated it p. 624 Yet he hath not stated it at all neither I feare dare he state it nor is willing to state it He telleth us indeed sometimes of the Substance of the Papacy but wherein the Substance of the Papacy consists except some Generall unsignificant Expressions of an Headship or Chief Governourship or First Movership about which we have no Controversy with them and which are equally appliable to a Primacy of Order and a Soveraignty of Power he saith nothing Whether the Pope be an absolute Monarch or a duke of Venice inferiour to the whole Senate whether he have a Coactive power in the Exteriour Court throughout all other Princes dominions without their leaves Whether he have the right to conferre Bishopricks Convocate Synods Impose Pensions For bid Oaths of Allegiance and require new Oaths of Allegiance to himself Set up Legantine Courts Receive Appeales make Lawes dispense with Lawes at his pleasure he saith nothing yet these are the onely Controversies we have with them to aske what we say to the Popes Authority without stating of it without stinting of it is an unreasonable demand I say secondly that he ought to explain himself by what right he doth challenge this Authority Divine or Humane or onely out of Prudentiall reasons If he challenge it by divine right or Humane right he ought to prove the right according to the just extent of
that Authority which he doth challenge and not wave the extent as a thing Indifferent If he challenge it out of Prudentiall Reasons it ought to be considered whether the Hopes or the Hazards the Advantages or Disadvantages the ConvenieÌ„ces or Inconveniences of such a Form of Government particularly circumstantiated doe over ballance the one or the other And the surest tryall of this is by experience It will trouble him to find so many Advantages which the Church and Kingdome of England have received from Papall Iurisdiction I speak not of the Key of Order as may overweigh all those Disadvantages which they have susteined by the Extortions and Vsurpations and Malignant Influence of the Papacy If he attribute no more power to the Pope then all Roman Catholicks universally do approve which is the onely Rule that he giveth us to know what is the Substance of Papall Authority he need not be so impetuous this Question is near an end He askes whether wee and the Eastern Southern and Northern Christians be under the Government of Patriarchs or any other Common Government I answer wee and they are under the same Common Government which the Primitive Church was under from the Dayes of the Apostles long before there were any Generall Councells that was the Government of Bishops under Primates or Patriarchs For as I have said formerly a Protarch and a Patriarch in the Language of the Primitive Church are both one We have as much Opportunity to Convocate Synods as they had then before there were Christian Emperours and more yet by such Councells as they could Congregate though they were not Generall they governed the Church If there be not that free Communication of one Church with another that was then either by reason of the great distance or our mutuall misunderstanding one of another for want of the old Canonicall Epistles or Literae Formatae the more is the Pity We are sorry for it and ready to contribute our uttermost endeavours to the Remedy of it With these western Churches which have shaken of the Roman Yâ—ke we have much more Communion by Synods by Letters by Publishing our Confessions aÌ„d we might justly hope for a much nearer union yet both in doctrine and Discipline if God would be graciously pleased to restore an happy Peace That we have it not already in so large a measure as we might is their onely Faults who would not give way to an Vniform Reformation Sometimes they accuse us for having too much Communion with them at other times they will not grant us to have any at all Concerning the rest of the Western Churches which submit to the Papacy we have the same Rules both of Doctrine and Discipline which they had We have the same that they have saving their Additionall Errours We have broken no Bonds of Unity either in Faith or Discipline we have renounced no just Authority either Divine or Humane we adhere to the Apostles Creed as the ancient and true Rule of Faith into which alone all ChristiaÌ„s that ever were have been baptised and we renounce the upstart additionall Articles of Pius the fourth We are willing for peace sake to give the Pope the same Primacy of Order which St. Peter had above his Fellow Apostles but the Supremacy of power was not in St. Peter but in the Apostolicall College neither is now in the Bishop of Rome but in a Councell of Bishops He saith we maintein a larger Brotherhood then they but never goe about to shew any visible Tye of Government We shew them the same Badge or Cognisance of our Christianity that is the same Creed and the same Discipline or Government that is the same Colours derived down from the Apostles by an uninterrupted Succession The same Doctrine and the same Discipline is Tye enough To take an exact View it is necessary the Organ should be perfect the Medium fit and the Distance convenient if any one of these were Defective in Mr. Rosses View he might well mistake but I may not doe him that wrong to trust your Testimony without citing his words He urgeth If Christ have left any Vnity of Government in his Church and Commanded it to be kept and we have taken a Course to leave no such Vnity then we have rebelled against Christ and his Church and falsly pretend to have him our Spirituall head I admit this now let him Assume But you Protestants have taken a Course to leave no Vnity of Government in the Church which Christ left and Commanded to be kept I deny his Assumtion altogether and he saith not one word to prove it This is his Enthymematicall manner of Arguing He procedeth That to have a Generall Councell for an Ecclesiasticall Head is to confesse that there is no Ordinary Vnity of Government in Gods Church but extraordinary onely when a Councell sits I deny this Proposition altogether and the reason is Evident because besides a Generall Councell which sitteth but rarely neither is it needfull that it should sit often Nisi dignus Vindice nodus inciderit there are particular Councells which in lesser Exigents serve the turn as well as Generall There are Patriarchs and Bishops which are Ordinary and perpetuall In an Aristocracy it is not necessary that the Governours should be evermore actually Assembled In the first three hundred yeares there were no Generall Councells held there was lesse hope of ever holding them then then now yet there was an Ordinary Vnity of Government in Gods Châ—rch in those dayes for which they were not indebted at all to any visible Monarch Bâ—t when a Generall Councell doth sit the Supreme Ecclesiasticall power rests in it He wonders why I should make the King onely a Politicall Head Contrary to our Common Assertion It seemeth that though he hath been bred among us yet he hath not been much versed in our Authors No man that ever understood himself made him otherwise Yet this Politicall Head hath a great Influence upon Ecclesiasticall Causes and persons in the Externall Regiment of the Church He demandeth is there any Orderly Common Tye of Government obliging this Head to Correspond with the other head If not where is the Vnity I answer yes the direction of his Spirituall Guides that is his Bishops and Synods If this Method be so great a Rarity with him it is his own fault He had said more properly to Correspond with the other Heads then Head He saith It is false to say that they have sometimes two or three heads since there can be but one true or rightly chosen Pope True but the Election may be uncertain that no man living can know the true Pope so whether there be three Popes or one Pope and two pretenders yet if the right Pope cannot be made appeare it is all one relatively to the Church If the Trumpet give an uncertain sound who shall prepare himself to the Battell He telleth us further that when the See of Rome is vacant the Headship is