Papam de parte mea salutate Apostolica praecepta humiliter audite sed superfluas adinventiones regno meo adinferre nolite salute the Pope from him hear his precepts but bring no superfluous devices or innovations into his kingdom True it is That several of our Godly Kings did permit appeals should be made to Rome in matters wherein our own Bishops could not agree and directions to be sought from thence as from a flourishing and learned Church not as a superior Judicature And when the Roman Bishops did pretend to any such superiority our Kings did protest against it So Henry the fifth having demanded of Martin the fourth some particulars to which his Embassadors not finding him ready to assent they b Arthur Duc. in vita Henrici Chichly p. 56. 57. told him That they had orders to protest before him that the King would use his own right in those particulars as things which he demanded not out of necessity but for the honour respect he was willing to shew to that Sea that they should make a public protestation thereof before the whole Colledg of Cardinals And to this purpose are sundry examples remaining on c Rot. parliam 17 Edward 3. n. 59. 25. Edw. 3. oct purif n. 13. 7. Hen. 4. n. 114. 13. Hen. 6. n. 38. record where the King at the Petition of the Commons for redress of some things amiss belonging to Ecclesiastic cognizance first chuses to write to the Pope but on his delay or failing to give satisfaction doth either himself by statute redress the inconveniency or command the Archbishop to see it don For certain it is by the course of all our Chronicles and histories that our Kings together with the convocation of their Bishops and Clergy had in themselves absolute and entire power of governing and reforming the Church of this kingdom without any dependency uppon any forreign authority It was never doubted neither could it be denied upon any warrantable ground that they had within their own dominions the same power which Constantine had in the Empire and that our Bishops had the same which St. Peter had in the Church For which since the Erection of Canterbury into an Archbishoprick the Bishops of that Sea were held * Malms de Pontif. lib. 1. in Ansel fol. 127.15 Quasi alterius orbis Papae as Vrban the Second styled them and did exercise vices Apostolicas in Anglia that is they used the same power within this Island which the a Eadmer p. 27. Pope did in other parts And in our writers the Archbishop of Canterbury is frequently called Princeps Episcoporum Angliae b ib. p. 107. 33. Pontifex summus c Gervas Boro ber col 1663. 54. Patriacha King Edgar asserted this power to be in himself and in his Clergy in his memorable speech made to them d Apud Ailred col 361.16 Ego Constantini vos Petri gladium habetis in manibus I bear in my hand the sword of Constantin and you that of Peter And therefore as the affairs of most concerns in the Church had their dependance on the Emperor and the holy men of those times did not doubt to continue to him the style of Pontifex maximus as e Tom. 3. an 312. n. 106. Baronius notes sine ulla christianitatis labe So f Regularis Concordia c. Not. Seldeni ad Eadmerum p. 146. 16. King Edgar was solicito is of the Church of his Kingdom veluti domini sedulus Agricola pastorum pastor And wrote himself the Vicar of Christ and by his g Concil Spelm. Ã p. 444. aâ— p. 476. laws and Canons he made known that he did not assume those titles in vain King h Leg. Edw. Confes c. 17. p. 142. Rex quia vicartus summi Regis est ad hocest constitutus ut regnum terrenum populum domâ—ni sâ—per omnia sanctam veneretur Ecclesiam ejus regat ab injurtis defendat Edward the Confessor a canonized Saint did declare the same and practised accordingly The King saies he being vicar of the supream King his duty is to govern and defend the earthly Kingdom and the people of the Lord from injuries and over all to reverence govern and defend his Church The same was declared and practised by i Leg. Inae in pras p. 1. Ina whom Baronius styles a most pious King by k Leg. fol. 11. p. 109. Canutus acknowledged for a most bountiful benefactour of Churches and of the servants of God Erga Ecclesias atque Dei servos benignissimus largitor as l Epist 97. fol. 93. Canut c Furbertus Carnotensis relates of him and several other godly Kings of England whose several laws touching Ecclesiastic affaires you may see related by Jorvalens c. 2. col 761. c. 5. col 830. c. 23. col 921. as also the laws of Emperors to the same purpose in the books of m Codex Theodos de seriis de nuptiis c. de sâ—de Catholica de Episcopis Ecclesiis clericis de monachis de haereticit de Apost de Religione de Episcopali judicio cod Jast l. 1. Tit. 1 2 3 4 5. passim in co Theodosius and Justinian The Emperors did employ their Bishops and Divines in resolving upon wholsome decrees touching Church affaires and these decrees they espoused themselves for Laws so as the transgressors of them should be subject to penalties This same course our Kings have taken as well in former ages as in this latter of the Reformation of our Church Henry the Eighth haveing those occasions of discontent with Pope Clement the Seventh which as too much known I omit to relate and being urged by the States of the Kingdom to execute at last what long time was desired and often attemted in England viz. to throw off the usurped power and jurisdiction of the Bishop of Rome over this Kingdom to proceed with due legality and consideration in so weighty a matter he wrote to the Universities and great Monasteries and Churches of the Kingdom in the year 1534. and the eighteenth of May of the same year to the University of Oxford requiring them like men of vertue and profound Literature diligently to intreat examine and discuss a certain question viz. An Romanus Episcopus habeat majorem aliquam Jurisdictionem sibi collatam in Sacra Scriptura in hoc Regno Angliae quam alius quivis Externus Episcopus Whether the Bishop of Rome had any greater jurisdiction given to him in holy Scripture over this Kingdom of England then any other foreign Bishop and to return their opinion in writing under their common Seal according to the meer and sincere truth of the same To which after mature deliberation and examination they returned answer That he hath no such jurisdiction in this land The words of the University of Oxford returning their answer to the King upon this subject the 27. of June of the aforesaid 1534.
which I saw in the Records of that University are as follow Post susceptam itaque per nos quaestionem ante dictam cum omni humilitate devotione ac debita reverentia convocatis undique dictae nostrae Academiae Theologis habitoque complurium dierum spatio ac deliberandi tempore satis amplo quo interim cum omni qua potuimus diligentia Justitiae Zelo Religione conscientia incorrupta perscrutaremur tam Sacrae Scripturae libros quam super cisdem approbatissimos interpretes eos quidem saepe saepius à nobis evolutos exactissime collatos repetitos examinatos deinde disputationibus solennibus palam publice habitis celebratis tandem in hanc sententiam unanimiter omnes convenimus ac concordes fuimus viz. Romanum Episcopum majorem aliquam jurisdictionem non habere sibi a Deo collatam in Sacra Scriptura in hoc Regno Anglia quam alium quemvis Externum Episcopum We therefore after having taken in hand this question with all humility devotion and due reverence the Divines of our University being called together from all places and the space of many daies and time enough bein given for deliberating whereby with all diligence possible zeal of Justice Religion and upright conâ—â—ience we should search as well the Books of Holy Scripture as the most approved interpreters of them and they being very often turned over by us and most exactly conferred together review'd examin'd moreover having celebrated held public solemn disputes on this subject at last we have all unanimously agreed upon this sentence viz. That the Bishop of Rome hath not any more Jurisdiction given to him by God in holy Scripture in this Kingdom of England then any other foreign Bishop hath Having met with this religious and learned declaration of the University of Oxford I thought convenient to relate it here as well for the autority the opinion of this great University is apt to give to the matter as also that it may be to us an argument of the zeal and diligence wherewith the other Scholes Monasteries and Churches did proceed to deliver their opinion upon this subject And if it be true what the famous Canonist * Navar. cap. Cum conti gat de rescript remed 1 n. â—o qui unius Doctorâ—s eruditione ac animi pretate celebrâ—s autoritate dâ—ctus secerit al quid exâ—usatur etiamâ—â—d non esset justum alii contrarium tenerent Navar saies and now is more commonly said and confirmed by Casuists and Canonists that who do's any thing following therein the opinion of one Doctor of known learning and piety tho others be of contrary opinion is excused tho happily what he did should not be just in it self and if the authority of one Doctor of learning and piety can justify a mans proceeding shall not the opinion of so great a number of men famous for learning and piety that were then in the Universities Monasteries and Churches of England justify the proceedings of King Henry in freeing his Kingdom from the slavery it was in under the Bishop of Rome This indeed was to lay the axe to the root of the Romish usurpations and corruptions in this Land Their pretended authority in it being found and declared not to be from God nor grounded upon his divine word but illegally and fraudulently intruded upon the Nation it followeth that they were all at their own liberty to reform their Church by a National Synod of their own Prelats and Clergy under the protection and inspection of their Prince as in other times was don in this land in consequence to this the states of the Kingdom being congregated in * Stat. 26. Hen. 8. c. 1. begun Nov. 3. end Dec. 18. 1533. Parliament an 1533 have declared that his Majesty his heirs and successors Kings of this Realm shall have full power and autority from time to time to visit repress redress all such errors heresies abuses c. which by any manner of spiritual authority or jurisdiction may be lawfully reformed repressed ordered redressed c. And this was not to assume a new power but to renew and publish the ancient right of the Kings of this Land It is true that Popes in former ages not finding means to hinder our Princes from exercising this right of their own would by priviledg continue it unto them So Pope Nichelas finding our Kings to express one part of their office to be Regere populum Domini Ecclesiam ejus wrote to Edward the Confessor Vobis posteris vesâ—ris regibus Angliae committimus convocationem ejusdem loci omnium totius Angliae Ecclesiarum vice nostra cum consilio Episcoporum Abbatum constituatis ubique quae justa sunt We commit unto you and your successors Kings of England the government of that place and of all the Churches of England that in our name ye may by the Councils of Bishops and Abbots order in all places what will be just The same Pope did allow the like priviledg to the Emperor * Bar. 11. Annal. 1059. n. 23. Nicolaus Papa hoc domino meo privilegium quod ex paterno jure susceperat praebuit Said the Emperors advocat Pope Nicholas allowed this priviledg to my Master which himself had by his birth-right By the like art finding the People of England unwilling to acknowledg any Ecclesiastic power besides that of the land and the Arch-Bishop of Canterbury for supreme of it under the King the Popes have contrived that the Arch-Bishop of Canterbury should exercise that power as from them under the name of Legatus natus or Legat by his place of the Roman Sea This may seem like what they report of the great Cham of Tartary that after he had dined he orders to give leave by the sound of a Trumpet to all the Kings of the World that they may go to dinner But the Pope drives further in his grants that in time if power should assist him he may force upon them a subjection to him as if really the Princes did owe their power to him But the arts of Rome are too much known in England for the people to be further deluded by them And therefore a National Synod or a Convocation of the Arch-Bishops Bishops Abbots and other Clergy of the Kingdom being celebrated at London by order of King Henry the sixth in the sixth year of his reign being that of our Lord 1552. a summary of Articles was agreed upon to remove dissentions in Religion and reform the Church from corruptions that crept into it so pious and moderate so well grounded upon Divine Scripture and upon the Doctrine and practice of the Primitive Apostolic Church that Romanists may more easily rail and rant at then discover any real error in them My adversary N. N. after highly inveighing against these Articles and boasting to discover Heresies in them singles out the 22. Article which runs thus The Roman
that the words of their Pontifical accipe potestatem offerendi Sacrificium provivis defunctis are contained in those others of our Saviour at the last Supper hoc facite in meam commemorationem Do this in remembrance of me is notoriously weak gratis dicitur gratis negatur as t is said without ground so it may be denied without regard Now as to the form of Ordination * Bellar. de Sacramento Ordinis lib. 1. c. 9. Bellarmine tells us that all agree in taking for form the words that are pronounced by the minister when he exhibits the sensible signs or matter he adds that tho the Scripture doth not mention particular words to be pronounced in each order yet the ancient Fathers of the Church Ambrose Jerome and Augustine do expresly teach that a forme of words suitable to each Order is required and was practiced so in the ancient Roman Ordinals and so is practiced to this day in the Ordinal of the Church of England which in King Edward the sixth his time was disposed according to the more qualified ancient Ordinals used in the Catholic Church In the Ordination of Deacons the Bishop laies his hands severally upon the Head of every one of them kneeling before him saying Take thou authority to execute the office of a Deacon in the Church of God committed unto thee in the Name of the Father and of the Son and of the Holy Ghost c. After delivering to every one of them the New Testament he saith Take thou authority to read the Gospel in the Church of God and to preach the same if thou be thereto licensed by the Bishop himself In ordaining Priests the Bishop with the Priests present do lay their hands severally upon the Head of every one that receiveth the order of Priesthood the Receivers kneeling and the Bishop saying Receive the Holy Ghost for the office and work of a Priest in the Church of God now committed unto thee by the imposition of our hands whose Sins thou do'st forgive they are forgiven and whose Sins thou do'st retain they are retained and be thou a faithful dispenser of the word of God and of his holy Sacraments in the Name of the Father and of the Son and of the Holy Ghost In the consecration of Bishops the Archbishop and Bishops present do lay their hands upon the Head of the elected Bishop kneeling before them and the Archbishop saying Receive the Holy Ghost for the office and work of a Bishop in the Church of God now committed unto thee by the imposition of our hands in the Name of the Father and of the Son and of the Holy Ghost Amen And remember that thou stir up the Grace of God which is given thee by this imposition of our hands for God has not given us the Spirit of fear but of power and love and soberness The Church of England being thus exact in observing the form and matter essential to holy Orders it appears how rash and false was Kellison in saying that in King Edwards time neither matter nor form of Ordination was used How vain and windy * Fitz Symons Britonomach p. 3â—9 Fitz Symons his flourish cum in Sacramento mutatur materia forma intentio faciendi quod facit Ecclesia quae ejus essentiam conficiunt desinit esse Sacramentum omnium qui ante te vixerunt tecum vivunt post te victuri sunt orthodoxe sentientium consensu When in the Sacrament the matter form and intention of doing what the Church do's which make up the essence of it are changed it ceases to be a Sacrament by the common consent of all Catholics that lived before you do live with you and after you shall live Truly Fitz Symons seem'd to study more how his phrase should be round and sounding then to furnish it with sense and truth so as without injury I may say here of him dat sine mente sonum Setting aside what belongs to the matter and form who told Fitz Symons that the Ministers of the Church of England in the administration of Sacraments have not an intention to do what the true Church of God do's And tho their intention were to do expresly what their own Church of England do's and not what the Church of Rome Bellarmin declares that not to be an alteration annulling the Sacrament non est opus intendere quod facit Ecclesia Romana sed quod facit vera Ecclesia quaecunque illa sit vel quod Christus instituit vel quod faciunt Christiani imo si quis intendat facere quod aliqua Ecclesia particularis falsa ut Genevensis intendat non facere quod Ecclesia Romana respondeo etiam id sufficere nam qui intendit facere quod Ecclesia Genevensis intendit facere quod Ecclesia universalis It is not necessary saies Bellarmin to have an intention of doing what the Church of Rome do's but what the true Church which soever that be nay if he should intend to do what some particular false Church which he thinks to be true as that of Geneva saith the Cardinal even that will suffice for he that intends to do what the Church of Geneva * Bellar. de Sacra in Gen. lib. 2. c. 27. do's intends to do what the Universal Church do's of which he believes the Church of Geneva to be a member Then Fitz Symons was mistaken when he said that the supposed alteration in the intention of the Ministers did annul the Sacrament by consent of all Catholics if he will not have Bellarmine to be put out of that number not to take notice of his extravagancy in making the intention of the Minister an essential constitute of the Sacrament nor of the dismal confusion and discomfort he brings upon his proselytes by making the effects of Sacraments depending upon the foresaid intention whereof no Man receiving a Sacrament can have a full certainty the words of the Minister I can hear and his action I can see but of his intention I can never be entirely assured Then if the matter and form of Order necessary and essential be retained in our Church as we have seen and no reasonable doubt is left of the intention of our Ministers to do what the Church of England do's which according to Bellarmin's supposition now mentioned is sufficient How comes Fitz Symons to say that in the matter and form and intention of our Ministers such alteration is made as annulls our Sacraments CHAP. VII How far the form of Ordination used in the Church of England agrees with that of the ancient Câ—â—rch declared in tâ—e fourth Council of Carthage and how much the form prescribed by tâ—e Roman Pontifical of this time differs from the ancient fâ—rm AS in many other points so in this of Crdination especially I cannot but admire how bold the Romish Writers are in imposing upon the ignorant that themselves are the observers of antiquity and the Reformed Churches the contemners of it whereas indeed
and of the stout glosses of his Canonists we shall say more after a Part 2. l. 15. N. N. seems to pretend to a share in this vast Superiority of the Pope over princes He betakes himself to a seat of Judicature and pronounces a severe sentence against our gracious Soveraign his own natural Prince That he has not bin just and impartial in the distribution of his favors to his Subjects applying to his Majesty that old verse Non erat Rex Jupiter omnibus idem That he was not the same King to all That all being guilty in Ireland as he supposes for this complaint he extended his Roial bounty to one party more then to the other In which supposition N. N. delivers both the guilt of his judgment and the defence of our King If all were guilty all lost their right to the Roial favours all forfeited their possessions Then all was at the will and mercy of his Majesty to confer upon those he thought fit why will you pretend to deprive him of his liberty herein May not his Majesty return upon you those words of the Lord of the Vineyard spoken to the envious Laborers b Mat. 20.15 Is it not lawful for me to do what I will with mine own is thine eie evil because I am good But this is not the only defence his Majesty hath against your rash judgment It is very manifest that his Majesty has shewed the bowels of a loving Father to all his Subjects as well in Ireland as in all the rest of his Dominions and did procure by all the means possible to him the comfort and satisfaction of all as may consist with right and Justice And to this purpose for ordering the affairs of Ireland he hath erected in Dublin a Court of Claimes placeing therein Justices whom I have heard the Irish themselves commend for men of admirable integrity and constancy in delivering their judgment according to the right without regard of persons Such as could prove their Innocency in this Court had the benefit of it who were many and very many more who would not go through that trial had the benefit of the Kings gracious pardon and Roial bounty in restoring them to their Estates and Possessions I have heard from a person of great Honour and truth and of great knowledg in the matter that of the lands which by rigor of Law were declared to be forfeited to the King his Majesty has bestowed already more then the one half upon those that lost them Neither are the streams of his Roial Clemency put to a stop but ever flowing graces and favours upon deserving persons on all occasions possible tho when the pretenders are so numerous it is impossible to content all and not easy for standers far off to judg which of the several pretenders to the same thing ought to be preferred Men are apt to speak eagerly and conceive strongly for their own interest self love will suggest arguments for that side and suppress all that favour the contrary It is for the King that God has placed on high to see equally and accordingly to judg of both sides You plead vigorously for the necessity of a supream Judg in spiritual matters to whose decretory judgment all must stand to resist it or call it in question must be taken for a rebellion in religion for Heresy or Schism if such a judg were wanting say you there would be no end of controversies in religion How far your pretention goes that way and how well grounded will be seen in the second part of this Book now to our present purpose briefly Will not you acknowledg in a proportionable parity the like necessity of a supream Judg for civil debates in each Kingdom or State to whose final judgment the parties must stand otherwise there will be no end of quarrels no peace among neighbours I will not pretend for such a Judg that Soveraign kind of infallibility absolutely incapable of any error which you do pretend for your Ecclesiastic But such autority as Subjects ought to reverence and stand to his decretory sentence without further appeal I can prove out of Gods words that a King has it in his Dominions so as without breach of Loialty and transgression of Gods will and command a Subject may not resist the judgment of his King nor call it further in question much less may he pronounce a judgment against it See all declared by the Heavenly Preacher Ecclesiastes 8.4 in these words Where the word of a King is there is power and who may say unto him what dost thou Certainly it s no act of Loialty to question his actions don with accord and public Legality as in the case in hand It is a commenced Rebellion The first Rebellion of men upon Earth that of our first Fathers against God in Paradise whose contriver was the Devil began with such a question The hellish Serpent began his conspiracy with Eve calling in question the Law and Government of their Prince and Master cur praeceptit vobis Deus ut non comederetis ex omni ligno paradisi Why hath God said ye shall not eat of every tree of the Garden Thus did the first Rebellion of man against God begin questioning his decree Questions against Laws established by a lawful Prince thus deriving their Progeny from the Devil should be for that very reason abhorred by Christians And the rather if we consider how destructive they must be to peace and human Society as overthrowing the very nature and intrinsic Constitution of a Magistracy ordained principally to decide quarrels and put an end to debates by a Legal Sentence which if not obeied but exposed to further inquiry and censure of the parties is fruitless and debates will be endless CHAP. XX. That it is not lawful for Subjects to raise armes and go to war with their fellow Subjects without the consent of their Prince The Doctrine of killing men and making War by way of prevention and on pretext of Religion confuted FRom the Lesson of censuring and murmuring against Roial orders rebuked in the precedent Chapter as from a corrupt root springeth this other very evil branch that its lawful for Subjects to war with their fellow Subjects without the consent of their Prince and so we find the one following the other in N. N. his Preface Neither could we expect less from the antecedent premised If Subjects will not submit to the Determination of their Prince in their debates they must appeal to their Swords And our Antagonist tells us Magisterially it s the common opinion of Divines that they may do it for which he quotes in the Margin * 2â— 2ae q. 40. art 1. Bannes ibi dub 4. Aquinas and Bannes But Aquinas in the place quoted by him delivers the quite contrary Doctrine affirming and proving with strong reasons that no war is just that is not made by the autority of the Prince and relating for his opinion these grave