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A48285 Erastus Senior scholastically demonstrating this conclusion that (admitting their Lambeth records for true) those called bishops here in England are no bishops, either in order or jurisdiction, or so much as legal : wherein is answered to all that hath been said in vindication of them by Mr. Mason in his Vindiciæ ecclesiæ Anglicanæ, Doctor Heylin in his Ecclesiæ restaurata, or Doctor Bramhall ... in his last book intituled, The consecration and succession of Protestant bishops justified : with an appendix containing extracts out of ancient rituals, Greek and Latine, for the form of ordaining bishops, and copies of the acts of Parliament quoted in the third part. Lewgar, John, 1602-1665. 1662 (1662) Wing L1832; ESTC R3064 39,391 122

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more surety thereof as hereafter shall be expressed First it is very well known to all degrées of this Realm that the late King of most famous memory K. Henry 8. as well by all the Clergy then of this Realm in their several Convocations as also by all the Lords Spiritual and Temporal and Commons in divers of his Parliaments was justly and rightfully recognized and knowledged to have the supream Power Iurisdiction Order Rule and Authority over all the State Ecclesiastical of the same and the same power jurisdiction and authority did use accordingly And that also the said late King in the Five and twentieth year of his Reign did by authority of Parliament amongst other things set forth a certain Order of the manner and form how Archbishops and Bishops should be elected and made as by the same more plainly appears And that also the late King of worthy memory King Edward the Sixth did lawfully succeed his Father in the Imperial Crown of this Realm and did justly possess and enjoy all the same power jurisdiction and authority before mentioned as a thing to him descended with the said Imperial Crown and so used the same during his life And that also the said King Edw. 6. in his time by authority of Parliament caused a godly Book intituled The Book of Common Prayer and Administration of Sacraments and other Rites and Ceremonies in the Church of England to be made and set forth not onely for one Vniform Order of Service Common Prayer and Administration of the Sacraments to be used within this Realm and other his Dominions but also did adde and put to the same Book a very good and godly Order of the manner and form how Archbishops Bishops Priests Deacons and Ministers should from time to time be Consecrated made and Ordered within this Realm and other his Dominions as by the same Book more plainly may and will appear And although in the time of the said late Queen Mary as well the said Act and Statute made in the five and twentieth year of the Reign of the said late King Hen. 8. as also the several Acts and Statutes made in the 2 3 4 5 and 6. years of the Reign of the said late King Edward for the authorizing and allowing the said Book of Common Prayer and other the premises amongst divers other Acts and Statutes touching the said supream authority were repealed yet nevertheless at the Parliament holden at Westminster in the first year of the Reigne of our Sovereign Lady the Queens Majesty that now is by one other Act and Statute there made all such Iurisdictions Priviledges Superiorities and Preeminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical power or authority hath heretofore been or may lawfully be used over the Ecclesiastical State of this Realme and the Order Reformaxion and Correction of the same is fully and absolutely by the authority of the same Parliament united and annexed to the Imperial Crown of this Realm and by the same Act and Statute there is also given to the Queens Highness her heirs and successors Kings and Queens of this Realm full power and authority by Letters Patents under the Great Seal of England from time to time to assigne name and authorize such person or persons as she or they shall think meet and convenient to exercise use occupy and execute under her Highness all manner of Iurisdictions Priviledges Preeminences and Authorities in any wise touching or concerning any Spiritual or Ecclesiastical Power or Iurisdiction within this Realm or any other her Dominions or Countries And also by the same Act and Statute the said Act made in the Five and twentieth year of the said late King Hen. 8. for the order and form of the electing and making of the said Archbishops and Bishops together with divers other Statutes touching the Iurisdiction over the State Ecclesiastical is revived and made in full force and effect as by the same Act and Statute plainly appeareth And that also by another Act and Statute made in the said Parliament in the first year of the Reign of our said Sovereign Queen intituled An Act for the Uniformity of Common Prayer and Service in the Church the said Book of Common Prayer and the Administration of Sacraments and other the said Orders Rites and Ceremonies before mentioned and all things therein contained with certain Additions therein newly added and appointed by the said Statute is fully stablished and authorized to be used in all places within this Realm and all other the Quéens Majesties Dominions and Countries as by the same Act among other things more plainly appeareth Whereupon our said Sovereign Lady the Quéens most excellent Majesty being most justly and lawfully invested and having in her Majesties order and disposition all the said Iurisdictions Power and Authorities over the State Ecclesiastical and Temporal as well in cases Ecclesiastical as Temporal within this Realm and other her Majesties Dominions and Countreys hath by her Supream Authority at divers times sithence the beginning of her Majesties Reign caused divers grave and well learned men to be duly Elected Made and Consecrated Archbishops and Bishops of divers Archbishopricks and Bishopricks within this Realm and other her Majesties Dominions and Countreys according to such Order and Form and with such Ceremonies in and about their Consecration as were allowed and set forth by the said Acts Statutes and Orders annexed to the said Book of Common-Prayer before mentioned And further for the avoiding of all ambiguities and questions that might be objected against the lawful Confirmations Investing and Consecrating of the said Archbishops and Bishops her Highness in her Letters Patents under the great Seal of England directed to any Archbishop Bishop or others for the Confirming Investing and Consecrating of any person elected to the Office or Dignity of any Archbishop or Bishop hath not onely used such words and sentences as were accustomed to be used by the said late King Henry and K. Edw. her Majesties Father and Brother in their like Letters Patents made for such causes but also hath used and put in her Majesties said Letters Patents divers other general words and sentences whereby her Highness by her Supream Power and Authority hath dispensed with all causes or doubts of any imperfection or disability that can or may in any wise be obiected against the same as by her Majesties said Letters Patents remaining of Record more plainly will appear So that to all those that will well consider of the effect and true intent of the said Laws and Statutes and of the Supream and absolute authority of the Queens Highness and which she by her Majesties said Letters Patents hath used and put in ure in and about the making and Consecrating of the said Archbishops and Bishops it is and may be very evident that no cause of scruple ambiguity or doubt can or may justly be objected against the said Elections Confirmations or Consecrations or any other material thing meet to
his Superiour must be one nor the Metropolitane of a Province but the Primate of the Nation or some person authorized by him or his Superiour must be one And consequently by parity of reason nor the Primate of any Nation but the Patriarch of that part of the world or some person having faculty from him must be one This was long ago defined or declared by the first Council of Nice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mos antiquus obtitineat in Egypto Lybia Pentapoli ut Episcopus Alexandrinus horum omnium habeat potestatem c. Vniversim autem illud manifestum est quod si quis absque consensu Metropolitani fiat Episcopus hunc magna Synodus definivit non debere esse Episcopum Can. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is particularly and principally the Consecrating of their Primates c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ecclesiastical Superior to that See 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And afore that by the Canons called the Apostles (a) Can. 35. and since that hath been confirmed by the great Council of Chalcedon (b) Can. 27. and divers other Councils and received by the practise and consent of the Universal Church from that time to this day Consequently the Patriark of the West the Bishop of Rome being the unquestionable rightful Metropolitane to the Primate of this Nation the Archbishop of Canterbury and the Founder of that See no number of Bishops in this land can validly Confirm or Consecrate him but the Bishop of Rome or by Faculty or Commission from him or at least not without his consent implicite or reasonably presumed And so there having been no rightful Primate of this Nation since the beginning of Queen Elizabeths Reign for want of the Popes consent to his Consecration there hath been no Bishop validly Confirmed or Consecrated in it since that time not can be till the Popes consent can be had The ninth Chapter Vrging the second reason their having no Jurisdiction but from the King and bringing the first proof of it from their own acts and confessions MY second Medium shall be because they have no Jurisdiction to these acts but what they have originally from the King who can give them none And First that he can give them none to these acts I suppose will be granted because to Institute or create a Pastour to a flock of Clergy and people is plainly a power of the Keyes which themselves acknowledge no temporal Prince as such hath And they give a good reason for it Dr. Bram. pag. 63. because the power of the Keyes was evidently given by Christ in Scripture to his Apostles and their Successours not to Sovereign Princes Hence Queen Elizabeth in her Commission to them as were to Confirm and Consecrate Matthew Parker to the See of Canterbury would not use the words assign constitute or authorize as is used in all other Commissions but onely required them to Confirm and Consecrate him and do all other things which in this behalf belonged to their Pastoral Office thereby acknowledging that these were acts of the Pastoral Office which she could not authorize but onely command them to perform Secondly that they have no Jurisdion to these acts but what they have originally from the King may be shewed many wayes I shall make use of three The first shall be from their own acts and confessions As 1. Eccl. Rest in pref That Doctor Heylin notes of Q. Elizabeth as commendable in Her that she looked upon Her self as the sole fountain of both Jurisdictions temporal and spiritual For if she the sole fountain of both then they that Confirmed and Consecrated Matthew Parker and Her other first Bishops had no Jurisdiction for it but what they derived from Her 2. That afore their Consecration they take 1. the Oath of Supremacy whereby they acknowledge the King to be the onely Supream Governour as well in all Spiritual or Ecclesiastical things or causes as Temporal For if so they cannot exercise any Spiritual Jurisdiction in foro exteriori as this is to Confirm and Consecrate a Pastour but what must be derived from him Nor can they say that by the Supream Governour in that Oath is meant onely the Supream political Governour 1. Eliz. 1. for the Act that established that Oath declares it to belong to the Kings Supremacy to use and exercise all such Jurisdictions Spiritual and Ecclesiastical as by any Spiritual and Ecclesiastical power or authority hath heretofore been or may lawfully be used over the Ecclesiastical State of this Realm and consequently to authorize any Bishops in the land as the Pope afore did to Confirm and Consecrate Archbishops and Bishops and so that none might Confirm or Consecrate any but by authority from the King as afore they might not but by authority from the Pope nay it gives to the King more authority and in this very kinde then the Pope can exercise or ever pretended to viz. to assign and authorize any persons as he shall think meet Bishops or not Bishops Clerks or Laymen so they be his natural born Subjects to exercise under him all manner of Jurisdictions and Authorities in any wise touching or concerning any Spiritual Jurisdiction within this Realm and consequently to Confirm or Consecrate Archbishops or Bishops of any Sees for this is a spiritual Jurisdiction 2. Besides this they take a particular Oath of Homage whereby they acknowledge to hold thir Archbishoprick or Bishoprick with all authority jurisdiction priviledges revenues and all else thereunto belonging solely and onely from his Majesty If all their Jurisdiction from him solely they can have no authority to constitute a Pastour of a Cathedral or Metropolitical Church but what they must have from him The tenth Chapter Bringing the second Proof from other publick Acts. THe second way of proof shall be from other publick Acts and proceedings approved by them by which it appears that the King can and sometimes does at his pleasure limit controul suspend or utterly deprive the Bishops of their Jurisdiction which he could not do if they had it from any other then himself Of this I shall name two Instances One shall be the sequestring of Doctor Abbot by the late King from his Office of Archbishop of Canterbury upon a displeasure taken against him for refusing to license a Sermon as the King desired and committing that Office he living unto other Bishops of his own appointing See the Commission at large in Mr. Rush Hist Collect p. 435. authorizing them to do all or any acts pertaining to the power or authority of the Arch-bishop of Canterbury in causes or matters Ecclesiastical as amply fully and effectually to all intents and purposes as the said Archbishop might have done And so by vertue of this Commission those persons had authority to Consecrate or Confirm the Archbishop of York if it should happen or any Bishop within the Province of Canterbury which without it they had not Another shall be the
till they can shew their form so Instituted which they can never do the case is nothing like and so this is no answer 3. Ans In our Form Priestly power is sufficiently expressed First RECEIVE THE HOLY GHOST that is the grace of the Holy Ghost to exercise and discharge the Office of Priesthood to which thou hast been now presented and accepted c. Rep. Had all these been the words of their Form we should never have questioned the validity of it But none of them belongs to it but those first Receive the Holy Ghost the rest are but his Gloss which I doubt not but the Ordainer meant but the intention of the Minister is not sufficient to give this grace without words signifying it which these do not Ans Secondly in these words WHOSE SINS THOV REMITTEST c. that is not onely by Priestly absolution but by preaching baptizing administring the holy Eucharist which is a means to apply the all-sufficient sacrifice of Christ for the remission of sins He who authorizes a man to accomplish a work doth authorize him to use all means which tend to the accomplishment thereof Rep. This answer hath the same fault with the former that it quotes his own Gloss for the Text and a much worse for in that it is like the Gloss was meant by the Ordainer but in this not it being a sense exploded by Protestants themselves as Puritanical Nor is it congruous to the words for the remitting sins here spoken of must be the act of the Priest himself whose sins THOV remittest whereas the remitting sins by preaching or any other of those wayes by him named except Absolution is not the act of the Priest but of God alone and the Priest doth onely apply the means whereby God doth it And for that Rule he who authorizes c. it holds onely in means necessary to the end which the administring of the Eucharist is not to the remitting of sins for regularly they are and ought to be remitted afore by the Sacrament of Penance and if Christ had pleased he might have given that power of remitting sins to a Deacon or Lay-man Ans Thirdly this Priestly power to Consecrate is contained in those words BE THOV A FAITHFVL DISPENSER OF THE WORD AND SACRAMENTS And afterwards when the Bishop delivers the Bible into his hands Have thou authority to preach the Word and administer the Sacraments Rep. It is contained in neither of them For 1. The former Be thou a faithful dispenser c. give no power but onely admonish and exhort to a faithful discharge of the Office And the latter Have thou authority c. give no power of Order but Jurisdiction onely as their own men interpret them In superioribus data est potestas Ordinis Mr. Mason l. 5. c. 14. n. 14. in his Jurisdictio vel facultas per quam potestas Ordinis ad usum reducitur seu loci duntaxat in quo potestas illa exercenda est designatio and as would have been evident by the words themselves had he set them down intirely and not by halves Have thou authority to preach c. in this Congregation where thou shalt be so appointed 2. Had they been absolute and imperative Have thou authority to preach and dispense Sacraments they would not have signified power of Order but Jurisdiction onely nor any greater Jurisdiction then a Deacon is capable of And his answer to this that the Priest doth dispense this Sacrament by way of Office a Deacon onely as his Minister is 1. false for if a Deacon be Beneficed and have a faculty from the Bishop in the interim till be a Priest to preach and dispense Sacraments he hath authority to dispense this Sacrament ex Officio and not as Minister to any Priest 2. Impertinent for the dispensing it ex Officio doth not formally signifie or necessarily include power to Consecrate it at least not as given by those words which give the power to dispense it for regularly he must first be made a Priest and afterward a dispenser of it or Pastour If he say that under this word dispense the Ordainer meant power not onely to administer the Eucharist but to Consecrate it I believe he did but as I have often said the intention of the Minister is not sufficient to give power of Order and the highest power of Order as this is to Consecrate the Eucharist without words signifying it And this shall serve for the first part of my Conclusion that they are no Bishops Ordine or valid Bishops The eighth Chapter Proving the second part of the Conclusion that they are no Bishops OFFICIO viz. For want of Jurisdiction in the Consecrators and urging the first reason want of the Patriarch's consent THe second part of my Conclusion is that they are no Bishops Officio Jurisdictione or simpliciter My reason is because they that Confirmed or Consecrated them had no Jurisdiction to either of those acts The Consequence they had no Jurisdiction therefore could not validly Confirm c. is good because the Confirming of one elected to a Bishoprick that is the ratifying of his election to it which if the party were Consecrated afore is that which makes him instantly Bishop of it and if he were not is that which makes him instantly Bishop or Lord elect of it and puts him in proxima potentiâ to be Consecrated Bishop of it is plainly an act of Jurisdiction and therefore cannot be exercised validly but by one having Jurisdiction to it 2. The Consecrating of a Bishop as it hath two effects in the party Consecrated one the creating him a Bishop Ordine another the creating him Bishop of such a See as ex gr Canterbury London c. so it requires in the Consecraters two powers one to create him a Bishop Ordine and so it is an act purely of the Key of Order another to create him Bishop of that See that is governing Pastour to that Flock of Clergy and People with authority to Institute Pastours hold Courts make Decrees determine Causes inflict or release Censures Ecclesiastical over or among them and so it is plainly an act of the Key of Jurisdiction because giving Jurisdiction onely and so cannot be validly exercised but by one having authority to exercise it The Antecedent they had no Jurisdiction is proved by two Mediums The first is because they had no authority from the Pope who alone could give it them For none can give Pastoral Jurisdiction but a Pastour nor Jurisdiction over such a flock but the Pastour to that flock because none can give a Jurisdiction which he hath not And hence even among themselves no Bishop in the land can validly Institute a Pastour to any Parochial Church but the Bishop of the Diocess or by Commission from him or his Superiour Nor can any number of Bishops validly Confirm or Consecrate the Bishop of any Diocess but the Metropolitane of the Province or some person authorized by him or