and will not rebel against the Government that God hath placed immediatly over us This fair respect the Church of England holds to the Communion both of the Catholick and all particular Churches both in Doctrine Worship and Government and the main exception against her is that she denies obedience to a pretended Power in the See of Rome a Power not known as now claimed to the Ancient Church a Power when once foreseen warned against as Antichristian by a Pope himself and when usurped condemned by a General Council And lastly such a Power as those that claim it are not agreed about among themselves But the charge of Schism falls after another sort upon our Roman Adversaries who have disturbed the Vniversal and all particular Churches by manifest violation of all the three bonds of external Communion The Doctrine and Faith by adding to the Canon of the Scripture Apocriphal Books by adding to the revealed will of God groundless Traditions by making new Creeds without the Consent of the present and against the Doctrine and practice of the Ancient Churches and as for Worship how have they not corrupted it by Substraction taking away one essential part of a Divine Ordinance the Cup from the Laity c. by additions infinite to the Material and Ceremonial Parts of Worship and by horrid Alterations of the pure and Primitive Worship to childish Superstitions and some say dangerous Idolatry Lastly As to Government they have plainly separated themselves both from the Ancient and present Catholick Church and all other particular Churches by usurping a Dominion condemned by the Ancient and that cannot be owned without betraying the Liberty of the present Church By exerting this Usurpation in unlawful and unreasonable Conditions of Communion and as it is said by Excommunicating for Non-obedience to these Impositions not only the Church of England but three Parts of the Christian World The proof on both sides we are to expect in due place SECT IV. The Conditions of Schism Causless Voluntary THe fourth and last thing considerable Condition in the Definition is the Condition which adds the guilt and formality of Schism to Separation which is twofold it must be Causeless and Voluntary 1. It must be voluntary Separation or denial Voluntary of Communion but of this I shall say nothing a greater man received a check from his Romish Adversaries for the proof of it saying who knows not that every sin is voluntary S. W Causless 2. It must be causless or as it is usually expressed without sufficient cause 't is a Rule generally allowed that the Cause makes the Schism i. e. if the Church give cause of Separation there is the Schism if not the cause of Schism is in the Separatist and consequently where the cause is found there the charge of Schism resteth I know 't is said that there cannot be sufficient cause of Separation from the true Church and therefore this Condition is needless but they ever mean by the true Church the Catholick Church 'T is granted the Catholick Church cannot be supposed to give such cause she being the ordinary Pillar of Truth wherein the means of Salvation can be only found therefore we rarely meet with any such condition in the Definitions of Schism given by the Fathers of the Ancient Church because they had to deal with Schisms of that kind that separated from the whole Church But hence to infer that we cannot have just cause to separate from the Church of Rome will be found bad Logick However if we could grant this Condition to be needless it cannot be denied to be true and the lawfulness of Separation for just cause is an eternal verity and if the cause be supposed just cannot be said to be unjust seeing there cannot be supposed a sufficient cause of Sin the Act is justified while it is condemned Besides it is not questioned by our Adversaries but there may be sufficient cause of separation from a particular Church then if at last we find that the Church of Rome is no more there is more than reason to admit this Condition in the present Controversie But the Cause must not be pretended to effect beyond its influence or Sufficiency Therefore none may be allowed to deny Communion with a Church farther than he hath cause for beyond its Activity that which is said to be a cause is no cause Hence we admit the distinction of partial and total separation and that known Rule that we may not totally separate from a true Church and only so far as we cannot communicate without sin The Reason is evident because the truth and very being of a Christian Church implieth something wherein every Christian Church in the very Foundation and being of it hath an agreement both of Union and Communion Far be it from us therefore to deny all kind of Communion with any Christian Church yea we franckly and openly declare that we still retain Communion out of fraternal charity with the Church of Rome so far as she is a true Church Only protesting against her Vsurpations and reforming our selves from those corruptions of Faith and Worship of which Rome is too fond and consequently the more guilty SECT V. The Application of Schism Not to our Church IF this definition of Schism be not applicable to the Church of England she is unjustly charged with the guilt of Schism If the Church of England doth not voluntarily divide in or from the Catholick Church or any particular Church either by separation from or denying Communion with it much less by setting another Altar against it without sufficient cause then the definition of Schism is not applicable to the Church of England But she hath not thus divided whether we respect the Act or the Cause With respect to the Act viz. Division We 1. In the Act. argue if the Church of England be the same for Substance since the Reformation that it was before then by the Reformation we have made no such Division for we have divided from no other Church further than we have from our own as it was before the Reformation as our Adversaries grant And therefore if we are now the same Church as to Substance that we were before we hold the same Communion for substance or essentials with every other Church now that we did before But for Substance we have the same Faith the same Worship the same Government now that we had before the Reformation and indeed from our first Conversion to Christianity Indeed the Modern Romanists have made new Essentials in the Christian Religion and determine their Additions to be such But so Weeds are of the essence of a Garden and Botches of the essence of a Man We have the same Creed to a word and in the same sence by which all the Primitive Fathers were saved which they held to be so sufficient Con. Ept. p. 2. Act. 6. c. 7. that in a general Council they did forbid all persons under
CLARIOR E TENEBRIS BEATAM AETERNA CAELI SPECTO ASPERAM AT LEVEM CHRISTI TRACTO In verbo tuo Spes mea MUNDI CALCO SPLENDIDAM AT GRAVEM Alij diutius Imperium tenuerunt nemo tam fortiter reliquit Tarit Histor Lib. 2. c. 47. p. 417. Augustissimi CAROLI Secundi Dei Gratia ANGLIAE SCOTIAE FRANCIAE ET HIBERNIAE REX Bona agere mala pati Regium est Page 1. The Establish'd Church OR A SUBVERSION OF ALL The Romanist's Pleas FOR THE POPE'S SUPREMACY IN ENGLAND Together with A VINDICATION of the present Government of the Church of England as allow'd by the Laws of the Land against all Fanatical exceptions particularly of Mr. Hickeringill in His Scandalous Pamphlet stiled NAKED TRUTH the 2d Part. In Two Books By FRAN. FVLLWOOD D. D. Archdeacon of Totnes in Devon LONDON Printed for R. Royston Bookseller to the King 's most Sacred Majesty at the Angel in Amen-Corner MDCLXXXI REVERENDISSIMO In Christo Patri GULIELMO Archiepiscopo CANTUARIENSI Totius ANGLIAE PRIMATI Regiae Serenissimae Majestatis à Sanctioribus Conciliis FRANCISCVS FVLLWOOD Olim Collegii EMANUEL Apud CANTABRIGIENSES Librum hunc humillimè D. D. D. TO THE RIGHT REVEREND Father in God GEORGE Lord Bishop of WINTON Prelate of the Most Noble Order of the GARTER My very good Lord BLessed be God that I have Survived this Labour which I once feared I should have sunk under and that I live to publish my Endeavours once more in the Service of the Church of England and thereby have obtained my wish'd opportunity to dedicate a Monument of my deep Sence of your Lordship's manifold obligations upon me In particular I rejoyce in the acknowledgment that I ow my Publick Station next under God and His Sacred Majesty to your Lordship's Assistance and Sole Interest though I cannot think so much out of kindness to my Person then altogether unknown to your Lordship as affection and care of the Church grounded in a great and pious intention however the object be esteem'd truly worthy of so Renowned a Prelate and many other waies excellent and admired Patriot of the Church of England If either my former attempts have been anywise available to the weakning the Bulworks of Non-Conformity or my present Essay may succeed in any measure to evince or confirm the Truth in this greater Controversie I am happy that as God hath some glory and the Church some advantage so some honour redounds upon your Lordship who with a virtuous design gave me a Capacity at first and ever since have quickned and animated my Endeavours in those Services I may be permitted to name our Controversie with the Church of Rome the great Controversie For having been exercised in all the sorts of Controversie with Adversaries on the other hand I have found that all of them put together are not considerable either for weight of matter or copiousness of Learning or for Art Strength or Number of Adversaries in comparison of this It takes in the Length of time the Breadth of place and is managed with the Heighth of Wit and Depth of Subtlety the Hills are covered with the Shadow of it and its Boughs are like the goodly Cedars My Essay in these Treatises is to shorten and clear the way and therefore though I must run with it through all time I have reduc'd the place and removed the Wit and Subtleties that would impede our progress I have endeavoured to lop off luxuriant branches and swelling excrescencies to lay aside all personal reflections captious advantages Sophistical and Sarcastical Wit and to set the Arguments on both sides free from the darkness of all kind of cunning either of escape or reply in their plain light and proper strength as also to confine the Controversie as near as I can within the bounds of our own Concern i. e. our own Church And when this is done the plain and naked truth is that the meanest of our other Adversaries I had almost said the silly Quaker himself seems to me to have better Grounds and more like Christian than the glorious Cause of the Papacy But to draw a little nearer to our Point your Lordship cannot but observe that one end of the Roman Compass is ever fixed upon the same Center and the summ of their clamour is our disobedience to the See of Rome Our defense stands upon a twofold Exception 1. Against the Authority 2. Against the Laws of Rome and if either be justified we are innocent The first Exception and the defence of our Church against the Authority of that See is the matter of this Treatise the second is reserved I have determined that all the Arguments for the Pope's Authority in England are reduceable to a five-fold Plea the Right of Conversion as our Apostle the Right of a Patriarch the Right of Infallibility the Right of Prescription and the Right of Universal Pastorship the Examination of them carries us through our Work Verily to my knowledge I have omitted nothing Argumentative of any one of these Pleas yea I have considered all those little inconsiderable things which I find any Romanists seem to make much of But indeed their pretended Right of possession in England and the Universal◠Pastorship to which they adhere as their surest holds have my most intended and greatest strength and care and dilligence that nothing material or seemingly so might escape either unobserved or not fully answered let not the contrary be said but shewn I have further laboured to contract the Controversie two ways 1. By a very careful as well as large and I hope as clear state of the question in my definition and discourse of Schism at the beginning whereby mistakes may be prevented and much of matter disputed by others excluded 2. By waving the dispute of such things as have no influence into the Conclusion and according to my use giving as many and as large Concessions to the Adversary as our Cause will suffer Now my end being favourably understood I hope there is no need to ask your Lordships or any others pardon for that I have chosen not to dispute two great things 1. That in the Words tu es Petrus super hanc Petram there is intended some respect peculiar to saint Peter's Person it is generally acknowledged by the most learned Defenders of our Church that Saint Peter had a Primacy of Order and your Lordship well knows that many of the Ancient Fathers have expressed as much and I intend no more 2. That Tradition may be Infallible or indefectible in the delivery of the Essentials of Religion for ought we know By the Essentials we mean no more but the Creed the Lord's Prayer the Decalogue and the two Sacraments in this I have my Second and my Reason too for then Rushworth's Dialogues and the new Methods of Roman opposition need not trouble us My good Lord it is high time to beg your Pardon that I have reason to conclude with an excuse for
Succession except their own and appropriating all Original Jurisdiction to themselves And that which draws Sedition and Rebellion as the great aggravation of their Schism they Challenge a temporal Power over Princes either directly or indirectly Thus their Charge against us is Disobedience Our Charge against them is Usurpation and abuse of Power If we owe no such Obedience or if we have cause not to obey we are acquitted If the Pope have both power and reason of his side we are guilty If he fail in either the whole weight of Schism with all its dreadful Consequences remains upon him or the Court of Rome The Conclusion TThus we see the Controversie is broken into two great points 1. Touching the Papal Authority in England 2. Touching the Cause of our denying Communion in some things with the Church of Rome required by that Authority Each of these I design to be the matter of a distinct Treatise This first Book therefore is to try the Title The Sum of this first Treatise betwixt the Pope and the Church of England Wherein we shall endeavour impartially to examine all the Pleas and Evidences produced and urged by Romanists on their Masters behalf and shew how they are answered and where there appears greatest weight and stress of Argument we shall be sure to give the greatest diligence Omitting nothing but vnconcluding impertinencies and handling nothing lightly but colours and shadows that will bear no other Now to our Work CHAP. II. An Examination of the Papal Authority in England Five Arguments Proposed and briefly reflected on THis is their Goliah and indeed their whole Army if we rout them here the day is our own and we shall find nothing more to oppose us but Skirmishes of Wit or when they are at their Wits end fraud and force as I am troubled to observe their Use hath been For if the See of Rome hath no just claim or Title to govern us we cannot be obliged to obey it and consequently these two things stand evident in the light of the whole world We are no Schismaticks though we deny obedience to the See of Rome seeing it cannot justly challenge it 2dly Though we were so yet the See of Rome hath no power to consure us that hath no power to govern us And hereafter we shall have occasion further to conclude that the Papal Authority that hath nothing to do with the English Church and yet rigorously exacts our obedience and censures us for our disobedience is highly guilty both of Ambition in its unjust claim and of Tyranny in unjust execution of an usurped power as well in her Commands as Censures which is certainly Schism and aliquid ampliùs They of the Church of Rome do therefore mightily bestir themselves to make good their claim without which they know they can never hope either to gain us or secure themselves I find five several Titles pretended though methinks the power of that Church should be built but upon one Rock 1. The Pope being the means of our first Conversion as they say did thereby acquire a Right 1. Conversion for himself and successors to govern this Church 2. England belongs to the Western Patriarohate 2. Patriarch and the Pope is the Patriarch of the West as they would have it 3. Others found his Right in Prescription and 3. Prescription long continued possession before the Reformation 4. Others flee much higher and derive this 4. Infallibility power of Government from the Infallibility of the Governor and indeed who would not be led by an unerring Guide 5. But their strong hold to which at last resort 5. Succession is still made is the Popes Vniversal Pastorship as Successor to St. Peter and supreme Governor not of Rome and England only but of the whole Christian World Before we enter upon trial of these severally we shall briefly note that where there are many Titles pretended Right is justly suspected especially if the Pretences be inconsistent 1. Now how can the Pope as the Western Patriarcb or as our first Converter pretend to be our Governor and yet at the same time pretend himself to be universal Bishop These some of our suttlest Adversaries know to imply a contradiction and to destroy one another 2. At first sight therefore there is a necessity on those that assert the universal Pastorship to wave the Arguments either from the Right of Conversion or the Western Patriarchate or if any of them will be so bold as to insist on these he may not think the Chair of St. Peter shall be his Sanctuary at a dead lift 3. Also for Possession what need that be pleaded if the Right be evident Possession of a part if the Right be universal unless by England the Pope took livery and Seisen for the whole world Besides if this be a good plea it is as good for us we have it and have had it time out of mind if ours have not been quiet so neither was theirs before the Reformation 4. For Infallibility that 's but a Qualification no Commission Fitness sure gives no Authority nor desert a Title and that by their own Law otherwise they must acknowledge the Bishops of our Church that are known to be as learned and holy as theirs are as good and lawful Bishops as any the Church of Rome hath Thus we see where the Burthen will rest at last and that the Romanists are forced into one only hold One great thing concerns them to make sure or all is lost the whole Controversir is tied to St. Peters Chair the Supremacy of the Pope must be maintained or the Roman and Catholick are severed as much as the Church of England and the Church of Rome and a great breach is made indeed but we are not found the Schismaticks But this is beside my task Lest we should seem to endeavour an escape at any breach all the said five Pleas of the Romanists shall be particularly examined and the main Arguments and Answers on both sides faithfully and exactly as I can produced And where the Controuersie sticks and how it stands at this day noted as before we promised CHAP. III. Of the Popes Claim to England from our Conversion by Eleutherius Gregory THis Argument is not pressed with much confidence in Print though with very much in Discourse to my own knowledge Perhaps 't is rather popular and plausible than invincible Besides it stands in barr against the Right of St. Peter which they say was good near six hundred years before and extends to very many Churches that received grace neither by the means of St. Peter or his pretender Successor except they plead a right to the whole Church first and to a part afterwards or one kind of right to the whole and another to a part The truth is if any learned Romanist shall insist on this Argument in earnest he is strongly suspected either to deny or question the Right of St. Peter's Successor
confer the Crown for ever much less to make him Supreme Disposer of our English Church But if our Constitution be considered how inconsiderable an Argument is this our Kings cannot give away the Power of the Crown during their own times without an Act of Parliament the King and Parliament together cannot dispose of any thing inherent to the Crown of England without a Power of Resumption or to the prejudice of Succeeding Kings besides no King of England ever did not King John himself either with or without his Parliament by any Solemn Publick Act transfer the Government of this Church to the Bishop of Rome or so much as Recognize it to be in Him before Henry the Eighth and what John did Harpf. ad 5. Re. 14. c. 5. was protested against by the Three States then in Parliament And although Queen Mary since made a higher acknowledgment of his Holiness than ever we read was done here before yet 't is evident she gave him rather the Complement of the Title of that uncertain Word Supreme Head than any real Power as we observed before and yet her New Act to that purpose was endured to remain in force but a very short time about four or five years But although neither Constantine for the Justinian whole World nor King John for England did or could devise the Supremacy to the Pope 't is confessed the Emperor Justinian endeavoured somewhat that look'd like it Justinian was a great friend of the Roman Bishop Cod. inter Claras he saith Properamus honorem authoritatem crescere sedis vestrae we labour to subject and unite all the Eastern Priests to the See of your Holiness But this is a plain demonstration that the See of Rome did not extend to the East near six hundred years after Christ otherwise that would have been no addition of honour or Authority to it neither would Justinian have endeavoured what was done before as it doth not appear that he afterwards effected it Therefore the Title that he then gave the Pope of the Chief and Head of all the Churches must carry a qualified sence and was only a Title of honour befitting the Bishop of the Chief and most eminent Church as the Roman Church then was and indeed Justinian was a Courtier and stiles the Bishop of Contantinople universal Patriarch too or at most can only signifie that his intentions were to raise the Pope to the chief Power over the whole Church which as was said before he had not yet obtained This is all that can be inferred if these Epistles betwixt the Emperor and the Pope be not forged as Learned Papists suspect because in Greg. Holiand Azo the eldest and allowed Books they are not to be found However if Justinian did design any thing in favour of the Pope it was only the subjecting of the Clergy to him as an Ecclesiastical Ruler and yet that no farther than might well enough consist with the Supremacy of the Empire in causes Ecclesiastical as well as Civil which memento spoils all the argument For we find the same Justinian under this imperial stile We command the most holy Arch-Bishops and Patriarchs of Rome Constantinople Alexandria Antioch and Hierusalem Authent Colla 1. We find him making Laws upon Monks Priests Bishops and all kind of Churchmen to inforce them to their duty We find him putting forth his Power and Authority for the sanction of the Canons of Councils and making them to have the force of Laws We find him punishing the Clergy and the Popes themselves yea 't is well known and confessed by Romanists that he deprived two Popes Sylverius and Vigilius Indeed Mr. Harding saith that was done by Theodora the Empress but it is otherwise recorded in their own Pontifical the Emperor demanded of Belsarius what he had done with the Romans and how he had deposed Sylverius and placed Vigilius in his stead Upon Conc. To. 2. in v. Vigil his answer both the Emperor and Empress gave him thanks Now it is a Rule in Law Rati habito retrotrabitur mandato comparatur Zaberel declares it to be Law that the Pope De Schis Conci in any notorious crime may be accused before the Emperor and the Emperor may require of the Pope an account of his Faith And the Emperor ought to proceed saith Harvy against De Potes Pap. c. 13. the Pope upon the request of the Cardinals And it was the judgment of the same Justinian himself that there is no kind of thing but Con. Const 5. Act. 1. it may be thorowly examined by the Emperor For he hath a principality from God over all men the Clergy as well as Laity But his erecting of Justiniana prima and giving the Bishop Locum Apostolicae sedis to which all the Provinces should make their last Appeal Gothop Nov. 13. c. 3. Nov. 11. whereby as Nicephorus affirms the Emperor made it a free City a Head to it self with full power independant from all others And as it is in the imperial constitutions the Primate thereof should have all power of Ecclesiastical Jurisdiction the Supreme Priesthood Supreme Honour and Dignity This is such an instance both of Justinian's Judgment and Power contrary to the Popes pretensions of Supremacy as granted or acknowledged by the Emperor Justinian that all other Arguments of it are ex abundanti and there is no great need of subjoyning that other great and like instance of his restoring Carthage to its primacy after the Vandals were driven out and annexing two new Provinces that were not so before to its jurisdiction without the proviso of submitting it self to Rome though before Carthage had ever refused to do it Phocas the Emperor and Pope Boniface no doubt understood one another and were well enough agreed upon the point But we shall never yield that these two did legally represent the Church and the World or that the grant of the one and the greedy acceptance on the other part could bind all Christians and all mankind in subjection to his Holiness's Chair for ever Valentinian said all Antiquity hath given the principality of Priesthood to the Bishop of Rome But no Antiquity ever gave him a principality of Power no doubt he as well as the other Emperors kept the Political Supremacy in his own hands Charles the Great might complement Adrian and call him universal Pope and say he gave St. Wilehade a Bishoprick at his command But he kept the power of convocating Synods every year and sate in them as a Judge himself Auditor arbiter adfui he made Ecclesiastical Decrees in his own Name to whom this very Pope acquitted all claim in the Election of succeeding Popes for ever A great deal more in answer to both these you have in Arch-Bishop Bramhall p. 235 236. and King James's defence p. 50. c. CHAP. XIX The Popes pretended Ecclesiastical Right Not by General Councils 8 First To which Sworn Justi Sanction
Canons We conclude that this Bar against the Popes universal Pastorship will never be removed These are the four first general Councils honoured by Justinian as the four Gospels to which he gave the Title and force of Laws By which all Popes are bound by solemn Oath to Rule the Church Yet we find not one word in any of them for the Popes pretended universal Pastorship Yea in every one of them we have found so much and so directly against it that as they give him no power to govern the whole Church so by swearing to observe them in such government as the Canons deny him he swears to a contradiction as well as to the ruine of his own pretensions We conclude from the premises that now Argument seeing all future Councils seem to build upon the Nicene Canons as that upon the Apostles if the Canons of Nice do indeed limit the power of the Bishop of Rome or suppose it to have limits if his cause be tried by the Councils it must needs he desperate Now if those Canons suppose bounds to belong Minor to every Patriarchate they suppose the like to Rome But 't is plain that the bounds are given by those Canons to the Bishop of Alexandria and the reason is because this is also customary to the Bishop of Rome Now 't is not reasonable to say Alexandria must have limits because Rome hath if Rome have no limits Pope Nicolas himself so understood it whatever I. E. Pis 8. S. W. did Nicena c. the Nicene Synod saith he conferred no increase on Rome but rather took from Rome an example particularly what to give to the Church of Alexandria Whence Dr. Hammond strongly concludes that if at the making of the Nicene Canons Rome had bounds it must needs follow by the Ephesine Canon that those bounds must be at all times observed in contradiction to the universal Pastorship of that See The matter is ended if we compare the other Latin Version of the Nicene Canon with the Canon as before noted Antiqui moris est ut Vrbis Romae Episcopus habeat principatum ut suburbicana loca omnem provinciam suâ sollicitudine gubernet qâ—e vero apud Aegyptum sunt Alexandrinae Episcopus omnem habeat sollicitudinem Similiter autem circa Antiochiam in caeteris Provinciis privilegia propria serventur Metropolitanis Ecclesiis Whence it is evident that the Bishop of Rome then had a distinct Patriarchate as the rest had and that whatever Primacy might be allowed him beyond his Province it could not have any real power over the other Provinces of Alexandria c. And 't is against the plain sence of the Rule that the Antiquus mos should signifie the custom of the Bishop of Rome's permission of Government to the other Patriarchs as Bellarmine feigneth This Edition we have in Christopher Justellus's Library rhe Canon is in Voel Biblioth Jur. Cano. Tom. 1. p. 284. SECT VI. Concil Constant 2. The Fifth General Conc. of 165 Bishops An. 553. BAronius and Binius both affirm that this was Bar. an 553. nu 224. Bin. To. 2. Not. in con Const 5. a general Council and so approved by all Popes Predecessors and Successors of St. Gregory and St. Gregory himself The cause was Pope Agapetus had condemned Anthinius the matter was afterwards ventilated in the Council Now where was the Popes Supremacy we shall see immediately After Agapetus succeeded Vigilius When the Council condemned the Tria Capitula Pope Vigilius would defend them but how did he carry it in Faith or Fact Did the Council submit to his Judgment or Authority No such thing But quite contrary the Council condemned the tria capitula and ended The Pope for not consenting but opposing the Council is banished by the Emperor Justinian Then Vigilius submits and confirms the Sentence of the Council and so is released from Banishment This is enough out of both * Ibid. N 223. Baronius and Binius The Sum is we condemn say they as is expressed in the very Text all that have defended the Tria Capitula but Vigilius say the Historians defended the Tria Capitula therefore was Vigilius the Pope condemned by this Council such Authority they gave him SECT VII Concil Constant of 289 Bishops 6 General An. 681 vel 685. Concil Nic. 7 General of 350 Bishops An. 781. BEllarmine acknowledgeth these to be sixth and seventh general Councils and both these he acknowledgeth did condemn Pope Honorius for an Heretick lib. 4. de Pont. C. 11. For Bellarmine to urge that these Councils were deceived in their Judgment touching his opinion is not to the point we are not disputing now whether a Pope may be a Heretick in a private or publick Capacity in which the Councils now condemned him though he seems to be a bold man to prefer his own bare conjecture a thousand years after about a matter of Fact before the judgment of two general Councils consisting of 659 Bishops when the cause was fresh Witnesses living and all circumstances visibly before their eyes But our question is whether these Councils did either give to the Pope as such or acknowledged in him an uncontroulable Authority over the whole Church The Answer is short they took that power to themselves and condemned the Pope for Heresie as they also did Sergins of Constantinople SECT VIII Concil Gen. 8. Constant 383 Bishops An. 870. Conclusions from them all HOw did this eighth general Council recognize Tom. 3. p. 149. the Popes Supremacy Binius himself tells us this Council condemned a custom of the Sabbath-Fast in Lent and the practice of it in the Church of Rome and the word is We will that the Canon be observed in the Church of Rome inconfuse vires habet 'T is boldly determined against the Mother Church Rome concerned reproved commanded Where is the Authority of the Bishop of Rome Rome would be even with this Council and therefore saith Surius she receives not this 55 Canon Tom. 2. in conc Const 6. p. 1048. ad Can. 65 in Not. Bin. But why must this Canon only be rejected Oh! 't is not to be endured that 's all the reason we can have But was not this a general Council Is it not one of the eight sworn to by every Pope Is not this Canon of the same Authority as of the Council with all the rest Or is it tolerable to say 't is not Authentick because the Pope doth not receive it and he doth not receive it because it is against himself Quia Matrem Ecclesiarum omnium Rom. Ecclesiam reprehendit non recipitur saith Surius ibid. These are the eight first general Councils allowed by the Roman Church at this day What little exceptions they would defend their Supremacy with against all that hath appeared are answered in the Post script at the latter end of the book whither I refer my Readers for fuller satisfaction In the mean time we cannot but conclude Conclus 7
a plain answer to all obscure passages in those Fathers to the contrary Besides whatever private opinion any of them might seem to intimate on the Popes behalf before 't is certain it can have no Authority against the sence and sentences of General Councils which soon after determined against him as hath appeared in every one of them in so express and indisputable terms in the very body of the Canons that it is beyond all possible hopes to support their cause from any circumstantial Arguments touching those Councils Yet these also shall now be considered in their order SECT II. Objections touching the Council of Nice answered LEt us begin with the Council of Nice consisting 1. General of 318 Bishops which is found so plain in two special Canons the one forbidding Appeals and the other limiting the Jurisdiction of the Provinces according to Custom against the Papal Supremacy that one would think nothing could be objected But Bellarmine will say something that was never said before He saith the Bishop of Alexandria should Obj. 1 have those Provinces because the Bishop of Rome was accustomed to permit him so to do We have given full answer to this before but Ans a learned Prelate of ours hath rendred it so senceless Morton grand impost p. 132 c. and shameless a gloss in so many and evident instances that I cannot forbear to give the sum of what he hath said that it may further appear our greatest Adversaries are out of their Wits when they pretend a fence against the Canons After the non-sence of it he shews its impudence against the Sun-shine Light of Story and Grammer because it is so evident that the words because the Bishop of Rome hath the same Custom are words of Comparison betwixt Alexandria and Rome in point of ancient Priviledge both from the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and three Editions now entred into the body of the Councils by their own Binius wherein the words are because the Church of Rome hath the like Custom Yet this were modesty Did they not know saith he that the Council of Calcedon did against the Will of the Pope advance the priviledge of Constantinople upon this ground of Custom The matter is so plain that 〈◊〉 own Cardinal Cusan concord Catho li. 2. cap. 12. concludes thus We see how much the Bishop of Rome by use and custom of Subjectional Obedience hath got at this day beyond the ancient Constitutions speaking of this very Council Bellarmine saith the beginning of that Canon in the vulgar Books is thus The Roman Church Obj. 2 semper habet primatum mos autem perduret The answer is 't is shameful to prefer one Ans vulgar Book before all other Greek or Latine Copies and before the Book of the Pope's decrees set out at Paris an 1559. or the Editions sent by two Patriarchs on purpose to give satisfaction in this Cause which Bellarmine himself acknowledgeth lib. 2. de Rom. Pont. c. 13. In none of all which the word Primacy is to be found and consequently is foisted into that vulgar book But what if it were the bare Primacy is not disputed in the sence given of it by the Council of Calcedon It behoves that the Arch-Bishop of Const new Rome be dignified with the same Primacy of Honour after Rome Prerogativam dignitatis Zozom l. 7. c. 9. SECT III. 2. Gen. Council Objections touching the Council of Constantinople Answered NExt to the Council of Constantinople being 2. General the second General let us hear what is objected They say themselves saith Bellarmine that Obj. 1 they were gathered by the mandate of Pope Damasus 1. What then suppose we should give the Ans Pope as the Head of Vnity and order the honour of convening General Councils and of sitting as President in them What 's this to the Supremacy of Government or what more than might be contained in the Primacy that is not now disputed 2. But Bellarmine himself confesseth that those words are not in the Epistle of the Council as all Mandates use to be but of certain Bishops that had been at the Council 3. 'T is recorded that the Mandate from the Vid. Theod. l. 5. c. 7. Zoz l. 7. c. 7. Neeeph l. 12. Emperor gathered them together the Testimony will have credit before the Cardinal 4. Indeed the Pope sent Letters in order to the calling this Conncil but far from Mandatory neither were they sent to the Eastern Bishops to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 require but to the Emperor Theodosius by way of Request for the obtaining Liberty to assemble a Synod Did he command the Emperor why did not Pope Leo afterwards command a general Council in Italy nearer home when he had intreated Theodosius for it with much importunity and could not obtain the time was not ripe for the Pope's Commands either of Emperors or Synods It is also said that the Council acknowledged Obj. 2 that the Church of Rome was the Head and they the Members in their very Epistle to Pope Damasus Bellarmine confesseth this is not in their Epistle Ans but the Epistles of the Bishops as before 2. If they had thus complemented the Pope it could not be interpreted beyond the Head of a Primate and their union with him in the same Faith 'T is evident enough they intended nothing less than a Supremacy of Power in that Head or subjection of Obedience in themselves as Members 3. This is evident in the very inscription of the Epistle which was not to Damasus only but joyntly to others thus Most Honourable and Reverend Brethren and Colleagues And the Epistle it self is answerable We declare our selves to be your proper Members but how That you Reigning we may Reign with you 4. The Sum is there were at this time two Councils convened by the same Emperor Theodosius both to one purpose this at Constantinople the other at Rome That at Rome was but a particular the other at Constantinople was ever esteemed a general Council Who now can imagine that the General was subject to the Particular and in that sence Members No the particular Church of Rome then was not the Catholick they humbly express their Communion We are all Christs who is not divided by us by whose grace we will preserve entire the body of the Church They did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as their word was their fellow Members which they stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their fellow Workers This second Canon against the Pope was never Obj. 3 Baron Binius received by the Church of Rome because Furtive as Baronius inter Acta relatus This is beyond all colour for the Bishops of Ans Rome opposed it as unfit yet never said it was forged Leo Gelasius Gregory all took it very ill but no one said it was false The Popes Legates also in the Council of Calcedon made mention of this Canon by way of Opposition but yet never offered at its being surreptitious But that which is instar
and Caution in opposition to the force and detection and destruction of the hellish Arts and traiterous designs and attempts of Popery 8. I Conclude that if the precious things already mentioned and many more be in evident danger with the Return of Popery let us again consider our Oaths as well as our Interest and that we have the Bond of God upon our Souls and as the Conquerors words are we are Jurati Fratres we are sworn to God our King and Country to preserve and defend the things so endangered against all foreign Invasion and Usurpation i. e. against Popery Accordingly may our Excellent King and his Councils and Ministers may the Peers of the Realm and the Commons in Parliament may the Nobility and Gentry may the Judges and Lawyers may the Cities and the Country the Church and State and all Ranks and Degrees of Men amongst us may we all under a just Sense both of our Interest and our Oaths may we all as one man with one heart stand up resolved by all means possible to keep out Popery and to subvert all grounds of Fear of its Return upon England for ever Amen Amen Origen Cont. Cels l. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is fit that the Governor of the Church of each City should Correspond to the Governor of those which are in the City Praesumi malam fidem ex Antiquiore Adversarii possessione Leg. Civil Ad transmarina Concilia qui putaverint appellandum a nullo intra Africam in communionem recipiantur Concil Milevitan THE OATHS OF ALLEGIANCE AND SUPREMACY The Oath of ALLEGIANCE I A. B. Do truly and sincerely acknowledge profess testifie and declare in my Conscience before God and the World that our Soveraign Lord King Charles is Lawful and Rightful King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose any of his Majesties Kingdoms or Dominions or to Authorize any Foreign Prince to Invade or Annoy Him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give License or leave to any of them to bear Arms raise Tumults or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and Him and Them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against Him or any of them And I do further swear That I do from my heart abhor detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be Deposed or Murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully Administred unto me and do Renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and Swear according to these express words by me spoken and according to the plain and common sence and understanding of the same words without any Equivocation or mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. The Oath of SUPREMACY I A. B. Do utterly testifie and declare in my Conscience That the Kings Highness is the only Supreme Governor of this Realm and of all other his Highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Jurisdictions Powers Superiorities and Authorities and do promise from henceforth I shall bear Faith and true Allegiance to the Kings Highness his Heirs and lawful Successors and to my Power shall assist and defend all Jurisdictions Priviledges Preeminences and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God◠and by the Contents of this Book THE END A Catalogue of some Books Reprinted and of other New Books Printed since the Fire and sold by R. Royston viz. Books Written by H. Hammond D. D. A Paraphrase and Annotations upon all the Books of the New Testament in Folio Fourth Edition The Works of the said Reverend and Learned Author containing a Collection of Discourses chiefly Practical with many Additions and Corrections from the Author 's own hand together with the Life of the Author enlarged by the Reverend Dr. Fell now Bishop of Oxford In large Fol. Books written by Jer. Taylor D. D. and late Lord Bishop of Down and Connor Ductor Dubitantium or The Rule of Conscience in Five Books in Fol. The Great Exemplar or The Life and Death of the Holy Jesus in Fol. with Figures suitable to every Story ingrav'd in Coper whereunto is added the Lives and Martyrdoms of the Apostles by Will. Cave D. D. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or A Collection of Polemical Discourses addressed against the enemies of the Church of England both Papists and Fanaticks in large Fol. The Third Edition The Rules and Exercises of holy Living and holy Dying The Eleventh Edition newly Printed in Octavo Books written by the Reverend Dr. Patrick The Christian Sacrifice A Treatise shewing the Necessity End and Manner of receiving the Holy Communion together with suitable Prayers and Meditations for every Month in the Year and the principal Festivals in memory of our blessed Saviour in Four Parts The Third Edition corrected The devout Christian instructed how to pray and give thanks to God or a Book of Devotions for Families and particular persons in
first gave liberty to build and defend Churches in publick Lucius the first Christian King built Churches at his own charge first constituted Bishops Seats and built dwellings for Priests and much enriched all things of that nature and that Religious men might with more safety enjoy what they had given them amplis munivit privilegiis fortified them with large priviledges Here was born also as Baronius confesseth Constantine the Great who brought peace to the whole Church who was the first Christian Emperor and likewise the first Christian Queen his Mother Helen If we come to the Kings of the Ages following quis non stupeat as Spelman saith who can chuse but be astonish'd at the eximious Piety incredible Zeal Ardorem extraordinary Insignes Alms manifold works of mercy munificence towards Gods Ministers and their magnificent and wonderful profusionem liberality and expence in building adorning inriching Churches insomuch as one saith Mirum tunc fuer at Regem videre non sanctum And as another There were more holy Kings found in England than in any one though the most populous Province in the World The day would fail that worthy Antiquary adds in his most excellent Epistle before his Councils enough to enflame the coldest Age with zeal for Religion The day would fail me saith he should I speak of Edwin Ina Offa Ethered Edmund Ethelstan Canute Edward the Confessor and many others seeing among all the Illustrious Kings who were West-Saxons the third is scarce found qui Ecclesiam Dei in Aliquibus non Ornaverit Auxerit Ditaverit who did not Adorn Augment and Inrich the Church of God In these early times of Zeal and Piety among the Kings of England the Jurisdiction and Authority of the Church took root and began and proceeded to flourish now no doubt but Religion sincerely managed by good and meek Church-men was a great mean to move the Nation towards a better Order in the Civil State both in Government and Law Now I say to use Spelman's words when Os Sacerdotis Oraculum esset plebis Os Episcopi Oraculum Regis Reipublicae The mouth of the Priest was an Oracle to the People and the mouth of the Bishop was an Oracle to the King and the Commonwealth In the time of Ethelbert the first Christian King of the Saxons we find a Convention at Canterbury of Bishops and Lords to settle the affairs of Church and State In the time of the Heptarchy Summons was Ad Episcopos Principes c. Decrees were made afterward Cum Concilio Episcoporum thus during the time of the Saxons c. and until the Pope got footing here by the Conqueror Ecclesiastical Authority went on apace Yea 't is evident that it went on step by step with the progress of the Civil and was gradually own'd enlarged and establish'd in the very Essence and degrees and together with the Establishment of the Civil State Insomuch that Ecclesiastical Jurisdiction was so twisted and Interwoven and as it were wrapt in the very Bowels of the Civil and the Ecclesiastical Law so concern'd and intimately wrought into the Temporal Law and Government that 't was hard to make the separation or indeed clearly to assign the distinction betwixt them which hath taken up the care both of Lawyers and Statutes to do it effectually and throughly and perhaps may be in some measure a Reason of many Prohibitions against Ecclesiastical Prohibitions to this day Hence also it was that beyond all known time of Christianity in England our great Church-men have had no small hand in making all our Laws both Ecclesiastical and Civil and also sate many hundred years together with our Temporal Judges in all places of publick Judicature Primi igitur sedebant in omnibus Regni Comitiis Tribunalibus Episcopi In Regali quidem palatio cum Regni magnatibus in Comitatâ—s unà cum Comite Justitiario Comitatus in Turno Vicecomitis cum Vicecomite in Hundredro cum Domino Hundredi So that in promoting Justice every where the sword might aid the sword nihil inconsulto Sacerdote qui velut suburra in Navi fuit ageretur Sp. Epis Conc. Yet we must remember and 't is carefully minded in our Statutes before mentioned that our Kings were the true and acknowledged fountains of the beginning and encrease of that wealth and honour and power which the Church and Church-men then enjoy'd and that the Kings of England were ever Supream over this Church and all its Ministers and not the Pope or any foreign power the Pope's Collector or Minister so say our ancient Books had no Jurisdiction in this Land Lord Coke of Courts p. 321. In our Law before the Conquest the King was the Vicar of the highest King ordained to this end that he should above all govern the Church Edw. Laws c. 19. and this hath been carefully maintained by our Laws ever since See Cawdries Case SECT I. Jurisdiction of the Church in Common Law THUS the power and Jurisdiction Ecclesiastical grew up with and received much perfection by and in Common Law By Common Law I mean long and general use in the whole Land for as I take it my Lord Coke saith That time and use make a Custom when that 's general in England it 's called Common Law that is my meaning whether my Notion be right I weigh not if the matter and Argument prove and express the manner of the Churches ancient Authority and Jurisdiction before the Statutes 'T is most evident William the Conqueror found the Bishops and other Ecclesiastical Ministers in great power and with large Jurisdiction which they had long enjoy'd according to the Law and Custom of the Realm Call that Law what you will by that they enjoy'd their ancient Rights and government and that 's enough 'T is true indeed William changed the ancient Custom we spake of and distinguish'd the Tribunals one from the other but saith Spelman Secrevit non diminuit Jurisdictionem Cleri he did not lessen the Jurisdiction of the Clergy Yea by swearing he confirm'd the Laws of holy Church Quoniam per eam Rex Regnum solidum subsistendi sistendi habent fundamentum Prooemium ll suarum ut Spel. Epis because by the Church both King and Kingdom have a solid foundation of subsisting Thus the Churches Rights in being before were confirm'd by the Conqueror My Lord Coke notes two excellent Rules of Common Law to our purpose 1. The Law doth appoint every thing to be done by those unto whose office it properly appertaineth 2. 'T is a Maxim of the Common Law that where the Right is Spiritual and the Remedy thereof only by the Ecclesiastical Law the Connusance thereof doth belong to the Spiritual Court Coke Instit p. 1. 3. Hence it follows that there being many Cases in which there is no remedy any other way provided by Common Law Vid. Cawdries Case Answ to Object 4. they belong to the Spiritual Courts and the Common Law both impowers and requires
Answers which appear in the said Act and all and singular things in the said Answers contained We do for Vs and Our Heirs grant and command that the said be inviolably kept for ever willing and granting for Vs and Our Heirs that the said Prelates and Clergie and their Successors for ever do exercise Ecclesiastical Jurisdiction in the Premises according to the tenour of the said Answer VIII The Ecclesiastical Jurisdiction is a branch of the Kings Supremacy and he that denieth it denieth the King to be a compleat Monarch and Head of the whole intire body of Cawdries Case the Realm as my Lord Coke assures us both from the Common Law and many Statutes in all Ages made on purpose from time to time to vindicate the Crown and secure our own Church and its Jurisdiction under the Crown from the Pope and his illegal Encroachments and Vsurpations before and more especially by Hen. 8. and since the Reformation as is very amply proved by my Lord Coke in his most excellent discourse on Cawdrie's Case and since very learnedly and fully by Sir John Davis Atturny General in Ireland in his Case of Praemunire called Lalor's Case both which should be well read by all that desire satisfaction in this weighty point Thus the Jurisdiction of this Church in subordination to the Supream Head of it hath proceeded through all time in the Laws and Statutes of our own Kingdom and was never legally interrupted till the 17 of Car. 1. but that Act repeal'd by the 13 of our present gracious King it stands firm again according to the letter of the said last Act upon its ancient legal Basis IX The old Objection that the Spiritual Courts do not Act in the Kings Name c. is fully Answered in the Book but because it is only mentioned there that the Case was resolved by the Judges in King James's time I shall here set it L. Coke Rep. 12. p. 7. down as abridg'd for brevity out of my Lord Coke by Manly Pasch 4 Jac. Regis At this Parliament it was strongly urg'd at a grand Committee of the Lords and Commons in the Painted Chamber that such Bishops as were made after the first day of the Session were not lawful Bishops 1. Admitting them Bishops yet the Manner and Form of their Seals Stiles Processe and proceedings in their Ecclesiastical Courts were not consonant to Law because by the Stat. 1 Edw. 6. 2. it is provided tht thenceforth Bishops should not be Elective but Donative by Letters Patents of the King and for that at this day all Bishops were made by Election not Donation of the King therefore the said Bishops are not lawful 2. By the same Act it is provided that all Summons c. and Processe in Ecclesiastical Courts shall be made in the Kings Name and Stile and their Seals engraven with the Kings Arms and Certificates made in the Kings Name it was therefore concluded that the said Statute being still in force by consequence all the Bishops made after the Act of 1 Jac. were not lawful Bishops and the proceedings being in the Name of the Bishop makes them unlawful quia non observata forma infertur adnullatio Actus Upon consideration of these Objections by the Kings Commandment it was Resolved by Popham Chief Justice of England and Coke Atturny of the King and after affirmed by the Chief Baron and the other Justices attendant to the Parliament that the said Act of 1 Edw. 6. 2. is not now in force being Repealed Annulled and Annihilated by three several Acts of Parliament any whereof being in force it makes that Act of 1 Edw. 6. that it cannot stand quia Leges posteriores priores contrarias abrogant And by the Act of the 25 Hen. 8. c. 20. is set forth the manner of Election and Consecration of Archbishops and Bishops and also for the making and Execution of all things which belong to their Authority with which words the Stile and Seal of their Courts and the manner of their proceedings are included which Act of 25 Hen. 8. is Revived by 1 Eliz. c. 1. and consequently that of 1 Edw. 6. c. 2. is Repealed I advise the Reader to see it as more at large expressed and the repealing Statutes particularly mentioned and argued in my Lord Coke 12 Rep. p. 7 8 9. and bid him farewel and not be wiser than the Law FINIS A Catalogue of some Books lately Printed for Richard Royston ROma Ruit The Pillars of Rome broken wherein all the several Pleas for the Pope's Authority in England with all the Material Defences of them as they have been urged by Romanists from the beginning of our Reformation to this day are Revised and Answered By Fr. Fullwood D. D. Archdeacon of Totnes in Devon The New Distemper Or the Dissenters Usual Pleas for Comprehension Toleration and the Renouncing the Covenant Consider'd and Discuss'd with some Reflections upon Mr. Baxter's and Mr. Alsop's late Pamphlets published in Answer to the Reverend Dean of S. Paul's Sermon concerning Separation The Lively Picture of Lewis du Moulin drawn by an incomparable Hand Together with his Last Words Being his Retractation of all the Personal Reflections he had made on the Divines of the Church of England in several Books of his Signed by himself on the Fifth and the Seventeenth of October 1680. Christ's Counsel to his Church In Two Sermons preached at the two last Fasts By S. Patrick Dean of Peterburgh and Chaplain in Ordinary to his Majesty THE END