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B23322 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. Fullwood ... Fullwood, Francis, d. 1693. 1681 (1681) Wing F2502 197,383 435

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and had Power by the Law of the Land to try such Causes as were not to be tried by Common Law so declared and Establish'd by Acts of Parliament Vid. in the time of Edw. 1. and Edw. 2. near four Hundred years since Circumspecte agatis 13 Edw. 1. An. 1285. The King to his Judges sendeth greeting Use your selves circumspectly in all matters concerning the Bishop of Norwich and his Clergy not punishing them if they hold Plea in things as be meer Spiritual as Penance enjoyned by Prelates Corporal or Pecuniary for Fornication Adultery or such like for Tithes and Oblations due and accustomed Reparations of the Church and Church-yard Mortuaries Pensions laying violent hands upon a Clerk Causes of Defamation Perjury All such demands are to be made in the Spiritual Courts and the Spiritual Judge shall have power to take knowledge of them notwithstanding the Kings Prohibition III. Hereupon a Consultation was to be granted 24 Edw. 1. as followeth Whereas Ecclesiastical Judges have often surceased to proceed by force of the Kings Writ of Prohibition in Cases whereas Remedy could not be had in the Kings Courts our Lord the King Willeth and Commandeth That where Ecclesiastical Judges do surcease in the aforesaid Cases by the Kings Prohibition that the Chancellor or the Chief Justice upon sight of the Libel at the instance of the Plaintiff if they can see that the Case cannot be redressed by Writ out of Chancery but that the Spiritual Court ought to determine the Matters shall write to the Ecclesiastical Judge that he proceed therein notwithstanding the Kings Prohibition More particularly Those Cases reserved by Law and Statute against which no Prohibition can be legally granted are enumerated in Articul Cleri 9 Edw. 2. IV. Thus the proceedings of the Spiritual Courts and the Causes belonging to them were supposed directed allowed and Establish'd by these Ancient Statutes And lest those Causes have not been sufficiently specified no Prohibition shall be awarded out of Chancery but in Case where we have the connusance and of Right ought to have as it is in the 18 of Edw. 3. provided Whence 't is a general Rule both in Law and Statute That such cases as have no remedy provided in the other Law belong to the Spiritual Courts and indeed it hence appears they have ever done so because we no where find in our Laws that the Common Law did ever provide for them and because the Kingdom of England is an intire Empire where the King is furnish'd with a Temporalty and Spiritualty sufficient to administer Justice to all persons and in all Causes whatsoever And consequently what Causes are not in the connusance of the Common Law belong to the Spiritual Jurisdiction which is plainly implied in 24 Hen. 8. c. 12. and other Statutes Upon the same ground in Law depend three great truths 1. The Antiquity of Ecclesiastical Courts 2. Their dependance upon the Crown 3. The perfection of the Government to administer Justice in all cases to all persons from the Supream Power exercised in the Temporal and Spiritual Courts all which lie in the Preamble of that Statute according to our Ancient Laws For saith my Lord Coke in the conclusion of Cawdries Case it hath appeared as well by the ancient Common Laws of this Realm by the Resolution of the Judges and Sages of the Laws of England in all succession of Ages as by Authority of many Acts of Parliament ancient and of latter times That the Kingdom of England is an absolute Monarchy and that the King is the only Supream Governour as well over Ecclesiastical persons and in Ecclesiastical Causes as Temporal To the due observation of which Laws both the King and the Subject are sworn V. IF you desire a more full and particular account of such Cases as being not provided for at Common Law are therefore and have been ever under the Spiritual power take this excellent Enumeration of my Lord Cawdries Case Coke Observe good Reader seeing that the determination of Heresies Schisms and Errors in Religion Ordering Examination Admission Institution and Deprivation of men of the Church which do concern God's true Religion and Service of right of Matrimony Divorces and general Bastardy whereupon depend the strength of mens Descents and Inheritances of Probate of Testaments and Letters of Administration without which no debt or duty due to any dead man can be recovered by the Common Law Mortuaries Pensions Procurations Reparations of Churches Simony Incest Adultery Fornication and Incontinency and some others doth not belong to the Common Law how necessary it was for administration of Justice that his Majestie 's Progenitors Kings of this Realm did by publick Authority authorize Ecclesiastical Courts under them to determine those great and important Causes Ecclesiastical exempted from the Jurisdiction of the Common Law by the Kings Laws Ecclesiastical which was done originally for two causes 1. That Justice should be administred under the Kings of this Realm within their own Kingdom to all their Subjects and in all causes 2. That the Kings of England should be furnished upon all occasions either foreign or domestical with Learned Professors as well of the Ecclesiastical as Temporal Laws VI. Ecclesiastical Laws are the Kings Laws though Processe be not in the Kings Name Now albeit the proceedings and Processe of the Ecclesiastical Courts be in the Name Coke Cawdr Case latter end of the Bishops c. it followeth not therefore that either the Court is not the Kings or the Law whereby they proceed is not the King's Law For taking one example for many every Leet or View of Frank-pledge holden by a Subject is kept in the Lords Name and yet it is the Kings Court and all the proceedings therein are directed by the Kings Laws VII Spiritual Causes secured from Prohibitions notwithstanding by Acts of Parliament Lord Coke Cawdries Case in Edw. 2. Albeit by the Ordinance of Circumspecte agatis made in the 13 year of Edw. 1. and N. B. by general allowance and usage the Ecclesiastical Court held Plea of Tithes Obventions Oblations Mortuaries Redemptions of Penance laying of violent hands upon a Clerk Defamations c. yet did not the Clergie think themselves assured nor quiet from Prohibitions purchased by Subjects until that King Edw. the Second by his Letters Patents under the Great Seal in and by consent of Parliament upon the Petitions of the Clergie had granted unto them to have Jurisdiction in those Cases The King in a Parliament holden in the Ninth year of his Reign after particular Answers made to their Petitions concerning the matters abovesaid doth grant and give his Royal assent in these words We desiring as much of right as we may to provide for the state of the Church of England and the tranquillity and quiet of the Prelates of the said Clergie to the honour of God and the amendment of the state of the said Church and of the Prelates and Clergie ratifying and approving all and singular the said
it could not possibly be intended to carry in it the Authority of the whole Church or any more than that qualified sence of Vigorius before mentioned because other Patriarchs had the same Title and we see no reason to believe that that Council intended to subject themselves and all Patriarchs to the Authority of the Western Pope contrary to their great design of advancing the See of Constantinople to equal priviledges with that of Rome as appears by their 16 Sess Can. 28. and their Synodical Epistle to Pope Leo. Thus the bare Title is no Argument and by what hath been said touching the grandure of the Roman Empire and the answerable greatness and renown of the Roman Church frequent recourse had unto it from other Churches for counsel and assistance is of no more force to conclude her Supremacy nor any matter of wonder at all Experience teacheth us that it is and will be so in all cases not only a renowned Lawyer Physician but Divine shall have great resort and almost universal addresses An honest and prudent Countryman shall be upon all Commissions the Church of Rome was then famous both for Learning Wisdom Truth Piety and I may add Tradition it self as well as greatness both in the eye of the world and all other Churches and her Zeal and care for general good keeping peace and spreading the grace of the Gospel was sometimes admirable And now no wonder that Applications in difficult cases were frequently and generally made hither which at first were received and answered with Love and Charity though soon after the Ambition of Popes knew how to advance and hence to assume Authority From this we see it was no great venture Iren. l. 3. c. 3. how ever A. C. Term it for Arch-Bishop Laud to grapple with the Authority of Irenaeus who saith to this Church meaning Rome propter potentiorem Principalitatem for the more powerful Principality of it 't is necessary that every Church that is the faithful undique should have recourse in qua semper ab his qui sunt undique conservata est●ea quae est ab Apostolis traditio His Lordship seems to grant the whole Rome being then the Imperial City and so a Church of more powerful Authority than any other yet not the Head of the Church Vniversal this may suffice without the pleasant criticizing about undique with which if you have a mind to be merry you may entertain your self in Dr. Still p. 441. c. But indeed A. C. is guilty of many Mistakes in reasoning as well as criticizing he takes it for granted that this Principality is attributed by Irenaeus here to Rome as the Church not as the City 2. That the necessity arising hence was concerning the Faith and not secular Affairs neither of which is certain or in likelihood true vid. Dr. Still p. 444. Besides if both were granted the necessity is not such as supposeth Duty or Authority in the faithful or in Rome but as the sense makes evident a necessity of expedience Rome being most likely to give satisfaction touching that Tradition about which that dispute was Lastly the Principality here implies not proper Authority or Power to decide the Controversie one kind of Authority it doth imply but not such as A. C. enquired for not the Authority of a Governor but of a Conservator of a Conservator of that Truth that being made known by her might reasonably end the quarrel not of an absolute Governour that might command the Faith or the Agreement of the Dissenters This is evident 1. Because the Dispute was about a matter of Fact whether there was any such Tradition or not as the Valentinians pretended 2. Because Irenaeus refers them to Rome under this reason conservata est the Apostolical Traditions are kept there being brought by the faithful undique thither and therefore brought thither because of the more Principality of the City all persons resorted thither Lastly It is acknowledged that Pope Gregory Obj. Eph. 65. ind 2. doth say that if there be any fault in Bishops it is subject to the Apostolical See but when their fault doth not exact it that then upon the account of Humility all were his Equals Indeed this smells of his ambition and design Sol. before spoken of but if there be any truth in it it must agree with the Canon Saint Gregory himself records and suppose the faulty Bishop hath no proper Primate or Patriarch to judge him also with the proceeding then before him and suppose Complaint to the Emperor and the Emperor's subjecting the Cause to the Apostolical See as that Cause was by Saint Gregory's own Confession However what he seems here to assume to his own See he blows away with the same breath denying any ordinary Jurisdiction and Authority to be in that See over all Bishops while he supposes a fault necessary to their subjection and that while there is no fault all are equall which is not true where by a lawful standing ordinary Government there is an eternal necessity of Superiority and Inferiority But of this I had spoken before had I thought as I yet do not that there is any weight or consequence in the words Further Evidence that the Ancient Popes themselves though they might thirst after it did not believe that they were Vniversal Bishops and Monarks over the whole Church and that they did not pretend to it in any such manner as to make the World believe it I say further evidence of this ariseth from their acknowledged subjection to the Civil Magistrate in Ecclesiastical Affairs Pope Leo begged the Emperor Theodosius with tears that he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he would Command not permit a Council to be held in Italy that sure was not to signifie his Authoritative desires That Instance of Pope Agatho in his Epistle to the Emperor is as pertinent as the former 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. with praise we admire your Conc. Tom. 5. p. 60. E. F. purpose well pleasing to God not to the Pope and for these Commands of yours we are rejoyced and with groans give thanks to God and many such Doctor Hammond saith might be afforded Pope Gregory received the power of hearing and determining Causes several times as he himself confesseth from the Emperor as we shewed before Hence Pope Eleutherius to King Lucius you are the Vicar of Christ the same in effect which is contained in the Laws of Edward the Confessor And Pope Vrban the Second entertained our Arch-bishop Anselm in the Council of Bar with the Title of the Pope of another World or as some relate it the Apostle of another World and a Patriarch worthy to be reverenced Malm. pro. ad lib. de gest pont Angl. Now when the Bishops of Rome did acknowledge that the Civil Magistrate had power to command the assembling of general Councils and to command Popes themselves to hear and determine Ecclesiastical Causes when they acknowledged the King of England
History that it is beyond Before Conquest question that during all the time from St. Gregory to the Conquest the Brittish Saxon and Danish Kings without any dependance on the Pope did usually make Ecclesiastical Laws Witness the laws of Excombert Ina Withred Alfrede Edward Athelstan Edmond Edgar Athelred Canutus and Edward the Confessor among which Laws one makes it the Office of a King to Govern the Church as the Vicar of God Indeed at last the Pope was officiously kind and did bestow after a very formal way upon the last of those Kings Edward the Confessor a Priviledge which all his Predecessors had enjoyed as their own undoubted Right before viz. the Protection of all the Churches of England and power to him and his Successors the Kings of England for ever in his stead to make just Ecclesiastical Constitutions with the advice of their Bishops and Abbots But with thanks to his Holiness our Kings still continued their ancient custom which they had enjoyed from the beginning in the right of the Crown without respect to his curtesie in that matter After the Conquest our Norman Kings did After Conquest also exercise the same Legislative power in Ecclesiastical Causes over Ecclesiastical Persons from time to time with the consent of the Lords Spiritual and Temporal Hence all those Statutes concerning Benefices Tythes Advowsons Lands given in Mortmain Prohibitions Consultations Praemunires quare impedits Priviledge of the Clergy Extortions of Ecclesiastical Courts or Officers Regulation of Fees Wages of Priests Mortuaries Sanctuaries Appropriations and in sum as Bishop Bramhall adds All things which did belong to the external subsistence Regiment and regulating of the Church and this in the Reigns of our best Norman Kings before the Reformation Arch Bishop Bramh. p. 73. But what Laws do we find of the Popes making in England or what English Law hath he ever effectually abrogated 'T is true many of the Canons of the Church of Rome were here observed but before they became obliging or had the force of Laws the King had power in his great Council to receive them if they were judged convenient or if otherwise to reject them 'T is a notable instance that we have of this 20 Ed. 3. c. 9. in Ed. 3. time When some Bishops proposed in Parliament the reception of the Ecclesiastical Canon for the legitimation of Children born before Marriage all the Peers of the Realm stood up and cried out with one voice Nolumus leges Angliae mutari we will not have the Laws of England to be changed A clear evidence that the Popes Canons were not English Laws and that the Popish Bishops knew they could not be so without the Parliament Likewise the King and Parliament made a legislative exposition of the Canon of the Council of Lions concerning Bigamy which they would 4 Ed. 1. c. 5. not have done had they not thought they had power according to the fundamental Laws of England either to receive it or reject it These are plain and undeniable evidences that when Popery was at highest the Popes Supremacy in making Laws for the English Church was very ineffectual without the countenance of a greater and more powerful viz. the Supremacy of our own Kings Now admit that during some little space Obj. the Pope did impose and England did consent to the authority of his Canons as indeed the very Consent admitted rejecting of that authority intimates yet that is very short of the Possession of it without interruption for nine hundred years together the contrary being more than evident However this Consent was given either by By Permission Permission or Grant If only by Permission whether through Fear or Reverence or Convenience it signifies nothing when the King and Kingdom see cause to vindicate our ancient Liberties and resolve to endure it no longer If a Grant be pretended 't was either from Or by Grant the King alone or joyned with his Parliament If from the King alone he could grant it for his time only and the power of resuming any part of the prerogative granted away by the Predecessors accompanies the Crown of the Successor and fidelity to his Office and Kingdom obligeth him in Justice to retrieve and recover it I believe none will undertake to affirm that the Grant was made by the Law or the King with his Parliament Yet if this should be said and proved too it would argue very little to the purpose for this is to establish Iniquity by a Law The Kings Prerogative as Head of this Church lieth too deep in the very constitution of the Kingdom the foundation of our common Law and in the very Law of Nature and is no more at the will of the Parliament than the fundamental liberties of the Subject Lastly the same Power that makes can repeal a Law if the Authority of Papal Canons had been acknowledged and ratified by Parliament which cannot be said 't is most certain it was revoked and renounced by an equal Power viz. of Henry the Eighth and the whole Body of the Kingdom both Civil and Ecclesiastical It is the Resolution both of Reason and Law that no Prescription of time can be a bar to the Supreme Power but that for the Publick good it may revoke any Concessions Permissions or Priviledges thus it was declared in Parliament in Edward the Third his Reign when reciting the Statute of Edward the First they say the Statute holdeth alway his force and that the King is bound by Oath to cause the same to be kept and consequently if taken away to be restored to its Observation as the Law of the Land that is the Common Fundamental unalterable Law of the Land Besides the Case is most clear that when Henry the Eighth began his Reign the Laws asserting the Supreme Authority in Causes and over Persons Ecclesiastical were not altered or repealed and Henry the Eight used his Authority against Papal Incroachments and not against but according to the Statute as well as the Common Law of the Land witness all those Noble Laws of Provisors and praemunire which as my Lord Bramhall saith we may truly call 25 Ed. 1. 27 Ed. 3. 2 Hen. 4. c. 3 4. 7 Hen. 4. c. 6. the Palladium which preserved it from being swallowed up in that vast gulph of the Roman Court made by Edw. 1. Edw. 3. Rich. 2. Hen. 4. CHAP. XI Of the Power of Licences c. here in Edw. 3. Rich. 2. Hen. 4. Hen. 5. Hen. 6. Hen. 7. THough the Pope be denied the Legislative and Judiciary or Executive Power in England yet if he be allowed his Dispensatory Power that will have the effect of Laws and fully supersede or impede the Execution of Laws in Ecclesiastical Causes and upon Ecclesiastical Persons 'T is confest the Pope did usurp and exercise this strange Power after a wonderful manner in England before Henry the Eighth by his Licences Dispensations Impositions Faculties Grants Rescripts Delegacies and
praescrip c. 36. 'T is most evident that Optatus calls the Chair of Peter one not because of any Superiority over other Apostolical Chairs but because of the Vnity of the Catholick Church in opposition to the Donatists who set up another Chair in opposiion Altare contra Altare to the Catholick Church Bellarmine well observes that Optatus followed the doctrine of St. Cyprian who said there is but one Church one Chair c. And out of St. Cyprian himself his meaning therein is manifest Cyprian to be no other than a specifical not numerical Unity He tells us plainly in the same place that the other Apostles were the same with Peter equal in honour and power He teacheth that the one Bishoprick is dispersed consisting of the unanimous multitude of many Bishops that the Bishoprick is but one a portion whereof is wholly and fully Head of every Bishop So there ought to be but one Bishop in the Catholick Church i. e. all Bishops ought to be one in Faith and Fellowship Vid. Cypr. de Vnit Eccles lib. 3. Epis 11. But is it not prodigious that men should build the Pope's Dominion upon the Doctrine of Saint Cyprian and Optatus The latter tells us roundly that whosoever is without the Communion of seven Churches of Asia is an Alien in effect calling the Pope Infidel and Saint Cyprian is well known to have always stiled Pope Cornelius Brother to have severely censured his Successor Pope Stephen contradicting his Decrees opposing the Roman Councils disclaiming the Pope's Power of Appeals and contemning his Excommunications A Council at Africk under Saint Cyprian as another wherein Saint Augustine sate rejected and condemned the Jurisdiction of the Pope over them as is frequently observed and why do men endeavour to blind the World with a few words of these great Fathers contrary to the known Language of their Actions and course of Life The sence of the words may be disputed but when it came to a Tryal their deeds are known to have shewed their mind beyond all dispute For Instance Ambrose calls Pope Damascus Ambr. Rector of the whole Church yet 't is known that he would never yield his Sences to the Law of Rome about Easter lib. 3. de sacr c. 1. for which the Church of Milain was called the Church of Ambrose 670 years after his death when the Clergy of Milain withstood the Legate of Leo 9. saying the Church of Ambrose had been always free and never yet subject to the Laws of the Pope of Rome as Baron notes An. 1059. Nu. 46. Many other Aiery Titles and Courtly Addresses given to the Pope in the Writings of the Fathers we have observed before to carry some Colour for a Primacy of Order but no wise man can imagine that they are an Evidence or Ground much less a formal Grant of Vniversal Dominion seeing scarce one of them but is in some of the Fathers and usually by the same Fathers given as well to the other Apostles and to other Bishops as to Peter and the Pope and so unfortunate is Bellarmine in his Instances that usually the very same place carries its Confutation It is strange that so great a Wit should so egregiously bewray it self to bring in Acacius Bishop of Constantinople submitting as it were the Eastern Church to the See of Rome because in his Epistle to Pope Simplicius he tells him he hath the care of all the Churches for what one Bishop of those times could have been worse pitch'd upon for his purpose who ever opposed himself more fiercely against the Jurisdiction of the Pope than Acacius who more boldly rejected his Commands than this Patriarch or stands in greater opposition to Rome in all History yet Acacius must be the Instance of an Eastern Patriarch's Recognition of the An. 478. n. 3. An. 483. n. 78. An. 484. n. 17. As they say See of Rome Acacius phrenesi abreptus as Baronius hath it adversus Rom. Pontificem Violenter insurgit Acacius that Received those whom the Pope Damn'd Acacius Excommunicated by the Pope and the very Head of the Eastern Schism this is the man that must witness the Pope's Supremacy against himself and his own and his Churches famous Cause and this by saying in a Letter to the Pope himself that he had the care of all Churches a Title given to Saint Paul in the days of Peter to Athanasius in the time of Pope Julius to the Bishops of France in time of Pope Elutherius and to Zecharias an Arch-Bishop by Pope John the first but conferred no Monarchy upon any of them I do not remember that I have yet mentioned the Titles of Summus Pontifex and Pontifex Sum. max. Pontifex Maximus which are also said to carry the Pope's Supremacy in them but it is impossible any wise man can think so Azor. Jesuit acknowledgeth these terms may have a Negative Sence only and Baronius saith they do admit Equality In this Sence Pope Clemens called Saint James Bishop of Bishops and Pope Epis 8● Leo stiled all Bishops Summos Pontifices and the Bishops of the East write to the Patriarch of Constantinople under the Title of Universal Patriarch and call themselves Chief Priests Epist ad Tharasiam c. SECT X. The Conclusion touching the Fathers Reasons why no more of them A Challenge touching them No Consent of Fathers in the Point Evident in General Councils Reasons of it Rome ' s contradiction of Faith Pope Schism Perjury c. I Was almost tempted to have gone through with a particular Examination of all the Titles and Phrases which Bellarmine hath with too much Vanity gathered out of the Fathers both Greek and Latine on behalf of the Pope's Supremacy But considering they are most of them very frivilous and impertinent and that I conceive I have not omitted any one that can be soberly thought material and that all of them have been frequently answered by Learned Protestants and very few of them so answered thought fit to be replied to by our Adversaries I thought it prudent to excuse that very needless exercise and I hope none will account me blame-worthy for it but if any do so I offer Compensation by this humble Challenge upon mature deliberation If any one or more places in any of the A Challenge Ancient Fathers Greek or Latin shall be chosen by any sober Adversary and argued from as Evidence of the Pope's Supremacy as Successor to Saint Peter God giving me life and health I shall appear and undertake the Combate with weapons extant in our English Writers though they may not think that one or two or more passages out of single Fathers are sufficient to bear away the Cause in so great a Point seeing they themselves will not suffer the Testimony of many of the same Fathers to carry it for us in a Point of the least Concernment In the mean time I most confidently conclude that the Pope's Supremacy hath not the Consent of the
why doth the Eastern Church not reckon it among their Seven nor the Western Church among their Eight first general Councils Why did the English Church omit it in their Number in the Synod of Hedifeld Apud Spel. An. 680. l. 169. in the year 680. and embrace only unto this day the Council of Nice the first of Constantinople the first of Ephesus and the first and second of Calcedon The five first general Councils were therefore incorporated into our English Laws but this Council of Sardica never was Therefore contrary to this Canon of Appeal 't is the Fundamental Law of England in that Famous Memorial of Clarendon All Appeals in England must proceed Regularly from the Arch-Deacon to the Bishop from the Bishop to the Arch-Bishop and if the Arch-Bishop failed to do justice the last Complaint must be to the King to give Order for redress 'T is evident the great Council of Calcedon P. 2. ac 14. c. 9. contradicted this Canon for Appeals to Rome where Appeals from the Arch-Bishop are directed to be made to every Primate or the Holy Calcedon See of Constantinople as well as Rome from which Evidence we have nothing but silly Evasions as that Primate truly observs v. Sch. guarded p. 374. Besides if our Fore-fathers had heard of the Canons of the Councils truly general as no doubt they had how could they possibly believe the unlimited Jurisdiction of Rome the Council of Calcedon is not denied to give equal Priviledges to the Patriarch of Constantinople with the Patriarch of Rome And the Council of Constantinople conclude thus for the Nicene Fathers did justly give Priviledges to the See of Constantinople old Rome because it was the Imperial City and the 150 godly Bishops moved with the same consideration did give equal Priviledges to the See of new Rome that that City which was the Sear of the Empire and Senate should enjoy equal Priviledges with the Ancient Imperial City of Rome and be extolled and magnified in Ecclesiastical Affaires as well as it being the Second in order from it and in the last Sentence of the Judges upon Review of the Cause the Arch-Bishop of the Imperial City of Const or new Rome must enjoy the same Priviledges of Honour and have the same Power out of his own Authority to ordain Metropolitans in the Asiatick Pontick and Thracian Diocess Are these the Words of a General Council could these Fatbers imagine the Pope at that time Monarch of the whole Church or could this be acknowledged by England at first and they yet give up their Faith to the Pope's Universal Power Can these things consist Yea is there not something in all the Councils allowed by the Ancient Brittains and the Ancient English Church sufficient to induce a Faith quite contrary to the Roman Pretensions But as to this Canon of Constantinople S. W. Object quits his hands roundly telling us that it was no free Act but voted Tumultuously after most of the Fathers were departed S. W. had been safer if he had been wiser Sol. for that which he saith is altogether false and besides such a cluster of Forgeries as deserves the Whet-stone to purpose as my Lord Bramhall manifests against him Sch-guard p. 354. 1. False the Act was made before the Bishops had license to depart it had a Second Hearing and was debated by the Pope's own Legates on his behalfe before the most glorious Judges and maturely Sentenced by them in the Name of the Council This was one of those four Councils which Saint Gregory honoured next to the four Gospels This is one of those very Councils which every succeeding Pope doth swear to observe to the least tittle 2. For his Forgeries about it he is sufficiently shamed by the Primate in the place cited 't is pity such shifts should be used and 't is folly to use them when the Truth appears what remains but both the Person and the Cause reproach'd See more of the Councils at the latter end SECT V. Arabic Canons forged no Canons of the Council of Nice YEt 't is a Marvellous thing that the Romanist Object should dare to impose upon so great and learned a Primate as the late Arch-Bishop Land that by the third Canon of the Council of Nice the Patriarch is in the same manner over all those that are under his Authority as he who holds the See of Rome is Head and Prince of the Patriachs resembling Saint Peter and his Equal in Authority When 't is most evident to the meanest capacity Answ that will search into it that that is no Canon of the true Council of Nice and that in stead of the third it is the thirty ninth of the supposititious and forged Canons as they are set forth in the Arabick Editions both by Pisanus and Turrianus In these Editions there are no less than eighty Canons pretended to be Nicene whereas the Nicene Council never passed above twenty as is evident from such as should know best the Greek Authors who all reckon but twenty Hist Ecl. l. 1. c. 7. Canons of that Council Such as Theodoret Nicephorus Calistus Gelasius Cricenus Alphonsus Ecl. Hist l. 8. c. 19. Act. Conc. Nic. lib. 2. Pisanus and Binnius himself confesseth that all the Greeks say there were no more but twenty Canons then determined Yea the Latins themselves allowed no more for although Ruffinus make twenty two 't is by splitting of two into four And in that Epitome of the Canons which Pope Hadrian sent to Charles the Great for the Government of the Western Churches Anno 773. the same Number appears and in Hincmarus's M. S. the same is proved from the Testimonies of the Tripartite History Ruffinus the Carthaginian Council the Epistles of Ciril of Alex. Atticus of Constant and the twelfth Action of the Council of Calcedon and if we may believe a Pope viz. Stephen in Gratian saith the Roman Church did allow of no more Gra. dis 16. c. 20. than twenty The truth is put beyond all question lastly both by the proceedings of the African Fathers in the case of Zosimus about the Nicene Canons when an early and diligent search made it evident and also by the Codex Canonum Eccl. Afric P. 363. p. 58. where it is expresly said there was but twenty Canons But this matter is more than clear by the P. 391 392 elaborate pains of Dr. Still defence of the late Arch-Bishop Land to whom I must refer my Reader Yet Bellarmine and Binius would prove there Obj. were more than twenty But their proofs depend either upon things Sol. as suppositions as the Arabick Canons themselves such as the Epistles of Julius and Athanasius ad Marcum or else they only prove that some other things were determined by that Council viz. Concerning Rebaptization and the keeping of Easter c. which indeed might be Acts of the Council without putting them into the Ad an 325. P. 108. Canons as
Baronius himself confesseth and leaves the patronage of them and Spondanus in his contraction of Baronius relates it as his positive Ad an 325. n. 42. Opinion that he rejected all but twenty whether Arabick or other as spurious So that it will bear no further contest but we may safely conclude the Arabick Canons and consequently this of the Popes Authority is a mere Forgery of later times there being no evidence at all that they were known to the Church in all the time of the four first general Councils Vid. ● 20. SECT VI. Practice interpreted the Canons to the same Sence against the Pope Disposing of Patriarchs Cyprian Aug. VVE have found nothing in the Canons of the ancient Councils that might give occasion to the belief of the Popes Jurisdiction in England in the Primitive Ages of the Church but indeed very much to the contrary But the Romanist affirms against my Lord of Canterbury that the Practice of the Church is always the best Expositor and Assertor of the Canons We are now to examine whether the ancient practice of the Church was sufficient to persuade a belief of the Popes Jurisdiction as is pretended In the mean time not doubting but that it is a thing most evident that the Pope hath practised contrary to the Canons and the Canons have declared and indeed been practised against the Pope But what Catholick Practice is found on Record that can be supposed a sufficient ground of this Faith either in England or any part of Christendom Certainly not of Ordinations or Appeals or Visitations Yea can it be imagined that our English Ancestors had not heard of the practice of the Brittains in maintaining their liberty when it was assaulted by Austin and rejecting his demands of Subjection to the See of Rome No doubt they had heard of the Cyprian Priviledge and how it was insisted on in barr of the universal Pastorship by their friends the Eastern Church from whom they in likelihood received the Faith and with whom they were found at first in Communion about the observation of Easter and Baptism and in practice divers from the Church of Rome But one great point of practice is here pitcht Obj. upon by Baronius and after him by T. C. It is the Popes Confirmation of the Election deposing and restoring of Patriarchs which they say he did as Head and Prince of all the Patriarchs and consequently of the whole Church But where hath he done these strange feats Sol. Certainly not in England And we shall find the instances not many nor very early any where else But to each Branch 1. 'T is urged that the Popes Confirmation Confirm Patriarchs is required to all new elected Patriarchs Admit it but the Arch-Bishop of Paris Petrus Dr. Still de Marca fully answers Baronius and indeed every body else that this was no token of Jurisdiction but only of receiving into Communion De conc l. 6. c. 5. s. 2. and as a Testimony of Consent to the Consecration If any force be in this Argument then the Bishop of Carthage had power Cypr. Ep. 52. p. 75. over the Bishop of Rome because he and other African Bishops Confirm'd the Bishop of Rome's Ordination Baronius insists much upon the Confirmation of Anatolius by Leo I. which very instance answers it self Leo himself tells us that it was Ep. 38. to manifest that there was but one entire Communion among them throughout the World Yet it is not to be omitted that the practice of the Church supposeth that the Validity of the Patriarchs Consecration depended not upon Consec depends not on Confirmation the Confirmation or indeed Consent of the Pope of Rome Yea though he did deny his Comunicatory letters that did not hinder them from the Execution of their Office Therefore Flavianus the Patriarch of Antloch though opposed by three Roman Bishops successively who used all importunity with the Emperor that he might be displaced yet because the Churches of the Orient did approve of him and Communicate with him he was allowed and their consent stood against the Bishops of Rome At last the Bishop of Rome severely rebuked for his Pride by the Emperor yielded and his Consent was given only by renewing Communion with him But where was the Popes power either to make or make void a Patriarch while this was in Practice 2. Doth Practice better prove the Popes Deposing Patriarchs power to depose unworthy Patriarchs The contrary is evident for both before and after the Council of Nice according to that Council the practice of the Church placed the power of deposing Patriarchs in Provincial Councils and the Pope had it not till the Council of Sardica decreed in the case of Athanasius as P. de Marca abundantly proves Vid. de Concord l. 7. c. 1. Sect. 6. Also that the Council of Sardica it self did not as is commonly said decree Appeals to Rome but only gave the Bishop of Rome power to review their Actions but still reserving to Provincial Councils that Authority which the Nicene Council had established them in But T. C. urgeth that we read of no less than Obj. eight several Patriarchs of Constantinople deposed by the Bishop of Rome Where doth he read it In an Epistle of Pope Sol. Nicolaus to the Emperor Michael Well chosen saith Doctor Still a Popes Testimony in his own Cause And such a one as was then in Controversie with the Patriarch of Constantinople and so late too as the Ninth Century is when his power was much grown from the Infancy of it Yet for all this this Pope on such an occasion and at that time did not say that the Patriarchs mention'd by him were depos'd by the Popes sole Authority but not Ejected Sine Consensu Romani Pontificis without his Consent and his design was only to shew that Ignatius the Patriarch ought not to have been deposed without his Consent v. Nic. 1. 8. Mich. Imp. Tom. 6. Con. p. 506. Did not Sixtus the third depose Policronius Obj. Bishop of Jerusalem No. He only sent eight Persons from a Synod Sol. at Rome to Jerusalem who offered not by the Popes Authority to depose him as should have have been proved but by their means seventy Neighbour Bishops were Called by whom he was deposed besides Binius himself T●m 2. Con. p. 685. Condemns those very acts that report this story for Spurious 3. But have we any better proof of the Restoring Patriarchs Popes power to restore such as were deposed The only Instance in this Case brought by T. C. is of Athanasius and Paulus restored by Julius and indeed to little purpose T is true Athanasius Cndemned by two Synods goes to Rome where he and Paulus are received into Communion by Julius not liking the decree of the Eastern Bishops Julius never pleads his Power to depose Patriarchs but that his consent for the sake of Vnity should also have been first desired and that
the Nicene Canons they were contented to yield that it should be so till the true Canons were produced Now what can the Reader desire to put an eternal end to this Controversie and consequently to the claim of the universal Pastor in this Age but an account of the Judgment of this Council when they had received the Copy of the Nicene Canons on which the point depended out of the East This you have in that excellent Epistle of theirs to Pope Celastine who succeeded Boniface and the elaborate Dr. Stillingfleet who searcheth R. ac p. 410 411. all things to the bottom hath transcribed it at large as a worthy Monument of Antiquity and of very great light in the present Controversie To him I shall refer the Reader for the whole and only note some few expressions to the purpose We say they humbly beseech you to admit no more into your Communion those whom we have cast out For your Reverence will easily perceive that this is forbid in the Council of Nice For if this be taken care for as to the inferior Clergy and Laity how much more would it have it to be observed in Bishops The Decrees of Nice have subjected both the inferior Clergy and Bishops to their Metropolitans for they have most wisely and justly provided that every business be determined in the place where it begun Especially seeing that it is lawful to every one if he be offended to appeal to the Council of the Province or even to an universal Council Or how can a Judgment made beyond the Sea be valid to which the Persons of necessary Witnesses cannot be brought by reason c. For this sending of men to us from your Holiness we do not find it commanded by any Synod of the Fathers And as for that Council of Nice we cannot find it in the truest Copies sent by holy Cyril Bishop of Alexandria and the venerable Atticus Bishop of Constantinople which also we sent to your Predecessor Boniface Take heed also of sending any of your Clerks for Executors to those who desire it lest we seem to bring the swelling pride of the World into the Church of Christ and concerning our brother Faustinus Apiarius being cast out we are confident that our brotherly Love continuing Africa shall no more be troubled with him This is the sum of that famous Epistle the Pope and the African Fathers referred the point in difference to the true Canons of the Nicene Council The Canons determine against the Pope and from the whole story 't is inferred evidently 1. That Pope Boniface himself implieth his Jurisdiction was limited by the general Council of Nice and that all the Laity and Clergy too except Bishops that lived beyond the Seas and consequently in England were exempted from his Jurisdiction by that Council 2. Pope Boniface even then when he made his claim and stood upon his terms with the African Fathers pleads nothing for the appeals of transmarine Bishops to Rome but the allowance of the Council of Nice no tu es Petrus then heard of 3. Then it seems the practices of Popes themselves were to be ruled and judged by the ancient Canons and Laws of the Church 4. The African Fathers declared the Pope fallible and actually mistaken both to his own power and sense of the Council Proving substantially that neither Authority from Councils nor any foundation in Justice Equity or order of Government or publick Conveniency will allow or suffer such Appeals to Rome and that the Pope had no authority to send Legates to hear causes in such cases All these things lye so obviously in prejudice both of the Popes Possession and Title as universal Pastor at that time both in his own the Churches sence that to apply them further would be to insult which I shall forbear seeing Baronius is so ingenious as to confess there are some hard things in this Epistle And Perron hath hereupon exposed his Wit with so much sweat and so little purpose but his own Correction and Reproach as Dr. Still notes Yet we may modestly conclude from this one plain instance that the sence of the Nicene Council was defined by the African Council to be against the Popes Supremacy and consequently they did not submit to it nor believe it and a further consequence to our purpose is that then the Catholick Church did not universally own it i. e. the Popes Supremacy then had not Possession of the faith of the whole Church For as A. C. p. 191. maintains the Africans notwithstanding the contest in the sixth Council of Carthage were always in true Communion with the Roman Church even during the term of this pretended Separation And Caelestine himself saith that St. Augustine one of those Fathers lived and dyed in the Communion of the Roman Church SECT IX The Conclusion touching Possession Anciently VVE hope it is now apparent enough that the Popes Supremacy had no possesion in England from the beginning or for the first six hundred years either de facto or in fide Our Ancestors yielded not to it they unanimously resisted it and they had no reason to believe it either from the Councils or practice of the Church or from the Edicts and Rules of the imperial Law or the very sayings of the Popes themselves Thus Sampson's Hair the strength and Pomp of their best Plea is cut off The foundation of the Popes Supremacy is subverted and all other pleas broken with it If according to the Apostles Canons every Nation had its proper Head in the beginning to be ackonwledged by them under God And according to a general Council all such Heads should hold as from the beginning there can be no ground afterwards for a lawful possession to the contrary If tu es Petrus pasce Oves have any force to maintain the Popes Supremacy why did not the ancient Fathers the Authors of those Canons see it Why was not it shewn by the Popes concerned in bar against them when nothing else could be pleaded When both Possession and Tradition were to be begun and had not yet laid their Foundation Yea when actual opposition in England was made against it when general Councils abroad laid restraints upon it and the Eastern Church would not acknowledge it Indeed both Antiquity Universality and Tradition it self and all colour of Right for ever fails with possession For Possession of Supremacy afterwards cannot possibly have either a divine or just T●● but must lay its Foundation contrary to Gods Institution and Ecclesiastical Canon And the Possessor is a Thief and a Robber our Adversaries being Judges He invades others Provinces and is bound to Restore And long Possession is but a protracted Rebellion against God and his Church However it be with the secular Powers Christs Vicar must certainly derive from him must hold the power he gave must come in it at his door And S. W. himself P. 50 against Dr. Hammond fiercely affirmeth That Possession in this
Ephesus the first and second of Calcedon to this day Therefore Arch-Bishop Bramhall had reason to say that this Council was never incorporated into the English Laws and consequently hath no force in England especially being urged in a matter contrary to the Famous Memorial of Clarendon a Fundamental Law of this Land all Appeals in England must proceed regularly from the Bishop to the Arch-Bishop and from him to the King to give order for Redress But to wipe away all colour of Argument what ever Authority these Canons may be thought to have in other matters 't is certain they have none in this matter of Appeals for as to this Point the undoubted General Councils afterward decreed quite otherwise reducing and limiting Appeals ultimately to the Primate of the Province or a Council as hath been made to appear When I heare any thing of moment urged from any other Council as a Grant of the pretended Supremacy to the Pope I shall consider what may be answered till then I think there is an end of his Claim Jure humano either by a Civil or Canonical Grant by Emperors or General Councils So much hath been said against and so little to purpose for the Council of Trent that I shall excuse my self and my Reader from any trouble about it But I must conclude that the Canons of the Council of Trent were never acknowledged or received Epist Synod Conc. Basil by the Kingdom of England as the Council of Basil was which confirmed the Acts of the Council of Constance which Council of Constance without the presence or concurrence of the Pope did decree themselves to be a lawful complete general Council Superior to the Pope and that he was subject to their censures and deposed three Popes at a time The words of the Council are remarkable The Pope is subject to a general Council as well in matters of Faith as of manners so as he may not only be corrected but if he be incorrigible be deposed To say this Decree was not conciliarly made and consequently not confirmed by Pope Martin the fifth signifies nothing if that Martin were Pope because his Title to the Papacy depended merely upon the Authority of that Decree But indeed the word Conciliariter was spoken by the Pope upon a particular occasion after the Council was ended and the Fathers were dismissed as appears in the History CHAP. XX. Of the Popes Title by Divine Right The Question Why not sooner 'T is last Refuge THe modern Champions of the Church of Rome sleight all that hath been said and judge it beneath their Master and his Cause to plead any thing but a Jus divinum for his pretended Supremacy and indeed will hardly endure and tolerate the question Whether the Pope be universal Monarch or Bishop of the whole Church as St Peter's Successor Jure divino But if this point be so very plain may I have leave to ask why was it not urged sooner why were lesser inconsistent Pleas so long insisted on why do not many of their own great men discern it to this day The truth is if the managery of the Combat all along be seriously reflected on this Plea of divine Right seems to be the last Refuge when they have been driven by Dint of Argument out of all other Holds as no longer to be defended And yet give me leave to observe that this last ground of theirs seems to me to be the weakest and the least able to secure them which looks like an Argument of a sinking cause However they mightily labour to support it by these two Pillars 1. That the government of the whole Church is Monarchical 2. That the Pope is the Monarch and both these are Jure divino But these Pillars also must be supported and how that is performed we shall examine SECT I. Whether the Government of the whole Church be Monarchical by Divine Right Bellar. Reason Scripture BEllarmine hath flourished with this argument through no less than eight whole Chapters and indeed hath industriously and learnedly beaten it as far as it would go and no wonder if he have left it thin What solidity is in it we are to weigh both from Reason and Scripture Not from Reason in 3 Arg. From Reason they argue thus God hath appointed Arg. 1 the best and most profitable Government for he is most wise and good but Monarchical Government is the best and most profitable 'T is plainly answered that to know which is Ans the best Government the state of that which is to be governed must be considered the end of Government being the profit and good of the State governed so that unless it appear that this kind of Government be the most convenient for the State of the Church nothing is concluded 2. We believe that God hath the care of the World and not only of the Church therefore in his wise and good Providence he ought to have settled the World under the best and most profitable Government viz. under one universal Monarch 3. Bellarmine himself grants that if particular Churches should not be gathered inter se so as to make one visible Political Body their own proper Rector would suffice for every one and there should be no need of one Monarch But all particular Churches are not one visible political Body but as particular Bodies are complete in themselves enjoying all parts of ordinary Worship and Government singly neither is there any part of Worship or Government proper to the Oecumenical Church qua talis 4. The Argument seems stronger the contrary way God is good and wise and hath appointed the best Government for his own Church but he hath not appointed that it should be Monarchical Therefore that kind of Government seems not to be the best for his Church Christ might foresee the great inconveniences of his Churches being governed by one Ecclesiastical Monarch when divided under the several secular Powers of the World though the Ambition of men overlook it and consider it not Yet that the Government of the Church appointed by God as best for it is Monarchical is not believed by all Catholicks The Sorbon Doctors doubt not to affirm that Aristocratical Government is the best of all and most agreeable to the nature of the Church De Eccl. Polit. potest an 1611. 6. But what if we yeild the whole Argument as the government of the Church is Imperial 't is in Christ the Vniversal Monarch over it but he being in a far Country he governs the several parts of his Church in distinct Countries by visible ministerial Monarchs or Primates proper to each The distinction of imperial and ministerial Power is given us in this very case by our Adversaries There is nothing unreasonable unpracticable or contrary to the practice of the world in the Assertion We grant that Monarchy is the best kind of Government in a due Sphere the World is wide enough for many Monarchs and the Church too The Argument concludes
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
Lord the King do or in the least wise attempt to do any of the Premises viz. owning the Authority of the Pope by his answer touching his Right to Scotland so strange so unlawful prejudicial and otherwise unheard of though the King would himself See that famous Letter sent to the Pope the 29 of Edw. 1. taken out of Cor. Christi College-Library and printed this year at Oxford the reading of which gave the occasion of these Meditations 3. It appears further in the Sheet where you have that Letter that the Commons in Parliament have heretofore held themselves bound to resist the invasion and attempts of the Pope upon England though the King and the Peers should connive at them their words are resolute Si Dominus Rex Regni majores hoc vellent meaning Bishop Adomers Revocation from Banishment upon the Popes order Communitas tamen ipsius ingressum in Angliam nullatenus sustineret This is said to be recorded about the 44 of Hen. 3. 4. It is there observed also that upon the Conquest William the Conquerour made all the Freeholders of England to become sworn Brethren sworn to defend the Monarchy with their Persons and Estates to the utmost of their Ability and manfully to preserve it So that the whole Body of the people as well as the Lords and Commons assembled in Parliament stood anciently bound by their Oath to defend their King and their Country against Invasion and Usurpation 5. The present Constitution of this Kingdom is yet a stronger Bulwark against Popery Heretofore indeed the Papal pretensions were checkt sometimes in temporal sometimes in spiritual concerns and Instances But upon the Reformation the Popes Supremacy was altogether and at once rejected and thrown out of England and the consequence is an universal standing obligation upon the whole Kingdom by Statutes Customs and most solemn Oaths to defend our Monarchy our Church our Country and our Posterity against those Incroachments and that Thraldom from which we were then so wonderfully delivered and for this hundred years have been so miraculously preserved blessed be God Accordingly in our present Laws both the Temporal and Ecclesiastical Supremacy is declared to be inherent in the Crown and our Kings are sworn to maintain and govern by those Laws And I doubt not but all Ministers of the Church and all Ministers of State and of Law and War all Mayors and Officers in Cities and Towns corporate c. together with all the Sheriffs and other Officers in their several Countries and even all that have received either Trust or power from his Majesty within the Kingdom All these I say I suppose are sworn to defend the King's Supremacy as it is inconsistent with and in flat opposition to Popery In the Oath of Allegiance we swear to bear true Allegiance to the King and to defend him against all Conspiracies and Attempts which shall be made against his Person and Crown to the utmost of our power meaning especially the Conspiracies and Attempts of Papists as is plain by that which follows in that Oath and yet more plain by the Oath of Supremacy In which Oath we swear that the King is the only Supreme Governor in this Realm as well in all spiritual things and causes as temporal and that no foreign Prince or Prelate hath or ought to have any Jurisdiction Ecclesiastical within this Realm and that we do abhor and renounce all such We swear also that we will bear Faith and true Allegiance to the King and to our power assist and defend all Jurisdictions viz. Ecclesiastical as well as Temporal granted or belonging to the Kings Highness 6. Now next to Oaths nothing can be thought to oblige us more than Interest But if neither Oaths nor Interest neither Conscience nor Nature neither Religion nor self-Preservation can provoke us to our own defence what remains but a certain fearful expectation of judgment to devour a perjur'd and senseless Generation If either our joynt or several Interests be considerable how are we all concern'd 1. Is there any among us that care for nothing but Liberty and Mony they should resist Popery which would many ways deprive them of both 2. But if the knowledge of the Truth if the Canon of life in the holy Scriptures if our Prayers in our own tongue if the Simplicity of the Gospel the purity of Worship and the Integrity of Sacraments be things valuable and dear to Christians let them abhor Popery 3. If the ancient Priviledges of the Brittish Church the Independency of her Government upon Foreign Jurisdiction if their legal Incumbencies their Ecclesiastical Dignities if their opportunities and capacities of saving Souls in the continuance of their Ministries if their judgment of discretion touching their Doctrine and Administrations their judgment of Faith Reason and Sence touching the Eucharist if exemption from unreasonable impositions of strange Doctrines Romish Customs groundless Traditions and Treasonable Oaths And lastly if freedom from spiritual Tyranny and bloody Inquisitions if all these be of consequence to Clergy-men let them oppose Popery 4. If our Judges and their several Courts of Judicature would preserve their Legal proceedings and judgments and decrees if they would not be controlled and superseded by Bulls Sentences and Decrees from the Pope and Appeals to Rome let them never yield to Popery 5. If the Famous Nobility and Gentry of England would appear like themselves and their heroick Ancestors in the defence of the Rights of their Country the Laws and customs of the Land the Wealth of the people the Liberties of the Church the Empire of Brittain and the grandeur of their King or indeed their own honour and Estates in a great measure let them never endure the re-admission of Popery 6. Yea let our great Ministers of State and of Law and of War consider that they stand not firm enough in their high and envied places if the Roman Force breaks in upon us and remember that had the late bloody and barbarous design taken effect one consequence of it was to put their places into other hands And therefore in this capacity as well as many other they have no reason to be Friends to Popery 7. As for His Most Excellent Majesty no suspicion either of inclination to or want of due vigilance against Popery can fasten upon him and may he long live in the Enjoyment and under a worthy Sence of the Royalties of Monarchy and the honour and exercise of his Natural and Legal Supremacy in all Causes and over all Persons within his Dominions both Civil and Ecclesiastical his Paternal Inheritance of Empire and at last leave it intirely to his Heirs and Successors upon Earth for a more glorious Crown in Heaven And in the mean time may he defend the Faith of Christ his own Prerogative the Rights Priviledges and Liberties and Estates of his People and the defensive Laws and Customs of his Royal Progenitors And therefore may he ever manage his Government both with Power Care