upon the Universities abroad was demanded by the Parliament from the Clergy at home because it was said that the Cardinal and some other chief amongst them were thro their falshood and dissimulation the cause of this Forreign Expence Which Summe they resolutely refusing to contribute the whole Clergy are sued by the King and condemned by the Kings Bench in a Premunire also for receiving and acknowledging the Cardinals Power Legantine exercised by him ignorantly or presumptuously without the Kings consent and allowance first obtained The Clergy thus become liable at the Kings pleasure to the Imprisonment of their Persons and confiscation of their Estates assemble themselves in the House of Convocation offer to pay for their Ransome the demanded 100000 l. § 20 But the King having now no hopes of obtaining a Licence for his Divorce from the Pope who at this time stood much in awe of the Emperor victorious in Italy and a near Kinsman and Favourer of Queen Katherine that the Popes Decrees might be of no force against him negociates also by his Agents with the Clergy whilst in these fears to give him the Title of Supremacy in Ecclesiastical matters within his Dominions making account that this obtained he had the assent of his own Clergy at his beck for the nulling of his former Marriage Therefore in the drawing up of the Clergy's Petition to the King for release of the Premunire it was signified from the Court cujus consilii Cranmerus Cromwellus clam authores fuisse existimabantur saith the Author Antiq. Brittanic p. 325. that a Title should be prefixed wherein they should stile the King ecclesiae cleri Anglicani Protector supremum Caput or else the Petition would not be accepted To which with some difficulty they agreed so as qualifying it with this Clause Quantum per legem Christi licet But the King again excepting at this limitation as unworthy the Clergy who either did or ought to know and definitively instruct others what Christs Law did or did not allow at last upon renewed threats this Clause also was procured to be omitted See Antiquit. Brittannic p. 326. Sed Regi saith that Author displicuit ancipitem dubiamque mitigationem moderationem verborum a cleri sui Synodo quae de Christi lege aut certa fuit aut certa esse debuit tam frigide proferri Itaque Cromwellum ad Synodum iterum mandans eam aut tolli voluit aut clerum incursas Sanctionum paenas pati Omnium igitur ex sententiis Rex sine ambiguitate ullâ ecclesiae Angliae supremum caput declaratus est But yet this was not done till after the Clergy who much alledged that the King or some of his Successors might upon this Title ruine the Church of England in their ordering Spiritual matters without or against the Clergy thereof had obtained a voluntary promise from him to this effect That he would never by vertue of that Grant assume to himself any more power over the Clergy than all others the Kings of England had assumed nor that he would do any thing without them in altering ordering or judging in any Spiritual matters See Bishop Fisher's Life published by Dr. Bayly And this was the first Act of the Clergy which being so understood as excluding all authority of the Western Patriarch over the Church of England and transferring such authority for the future to the King is contrary to the Fourth Thesis because some such authority was conferred on this Patriarch by Superior Councils And which Act was so passed by them that as Dr. Hammond acknowledged of Schism 7. c. it is easy to believe See Church Gov. 1. Part §. 4. and §. 20. that nothing but the apprehensions of dangers which hung over them by a Premunire incurred by them could probably have inclined them to it § 22 After the conceding of this Title of Supremacy to the King and exclusion of the Pope's Authority out of his Dominions and the voiding of all appeals made hence unto him and after the Kings Marriage to Anne Bullen also but before the publication thereof Cranmer being now chosen Arch-Bishop of Canterbury upon the death of Warham a Favourer of the Queen Katherine's Cause Summons her to appear before him and some other Bishops and Commissioners and upon her neglect solemnly dissolveth the Kings former Marriage with her and divorceth him from her § 23 But the Kings ends thus obtained yet things rested not here And how far only at the first they seem to have allowed it But whereas formerly till the Twenty fifth year of Henry the Eighth the Synods of the Clergy saith Dr. Heylin § 1. p 7. after called by the Kings Writ acted absolutely in their Convocations of their own authority the Kings or Parliaments assent or ratification neither concurring nor required and whereas by this sole authority which they had in themselves they made Canons declared Heresies convicted and censured persons suspected of Heresy c Now they having declared the King supream Head of the Church instead of the Pope the Western Patriarch it seemed reasonable therefore that no Acts of the Church should stand good without the concurrence of the Head And conducing much to this end as I learn from the forenamed Dr was a Petition or Remonstrance exhibited to the King by the House of Commons after the Ice was broken A. 1532. See Fullâ—rs Appeal of Injur'd Innocence Pa. 2. p. 65. In which saith he they desiring that the Convocation should be brought down to the same level with the Houses of Parliament and that their Acts and Constitutions should not bind their Subjects as before in their Goods and Possessions until they were confirmed and ratified by the Regal power they shewed themselves aggrieved that the Clergy of this Realm should act authoritatively and supreamly in the Convocation and they in Parliament do nothing but as it was confirmed and ratified by Royal assent An Answer unto which Remonstrance saith he was drawn up by Dr. Gardiner then newly made Bishop of Winchester and being allowed of by both Houses of Convocation was by them presented to the King But the King not satisfied with this Answer resolved to bring them to his bent and therefore on the Tenth of May sent a Paper to them by Dr. Foxe after Bishop of Hereford in which it was peremptorily required that no Constitution or Ordinance shall be hereafter by the Clergy Enacted promulged or put in execution unless the Kings Highness do approve the same and his advice and favour be also interponed for the execution c. Whereupon on the Fifteenth of the same Month they made their absolute submission So He. And thus the next step therefore of this Reformation was that the King so requiring it they bound themselves by a Synodical Act for the time to come not to assemble themselves at all without the Kings Writ and when assembled not to enact promulge or execute any Canons Constitutions Ordinances Provincial or
usurped Papal Supremacy Examin Champ. 2. c p. 69. than these Bishops did retracting their acknowledging of such a Regal Supremacy and that upon deprivation of their Bishopricks and Imprisonment of their persons some in King Edward's and some in Qu. Elizabeth's days retracting c I suppose for this reason because by sad experience they saw it much enlarged beyond those bounds within which only they formerly had maintained it just And Fourthly By the early Act of Parliament 24. Henry 8.12 c. where in the Preface it is said That when any Cause of the Law Divine cometh in question that part of the Body Politick called the Spirituality now being usually called the English Church is sufficient and meet of it self without the intermeddling of any exteriour person or persons to declare and determine all such doubts and where in the Act it is ordered that such Causes shall have their appeals from the Arch-Deacon to the Bishop and from the Bishop to the Arch-Bishop of the Province and there to be definitively and finally adjudged Finally i. e without any further appeal to the King Neither can it be shewed that expresly this authority or jurisdiction To repress reform correct and amend all such Errors Heresies Abuses Enormities whatsoever they be which by any manner of Spiritual Authority or Jurisdiction ought or may lawfully be repressed reformed c any Forreign Laws Forreign Authority Prescription or any thing or things to the contrary thereof notwithstanding tho it was allowed to the King as a Branch of his Supremacy by the Parliament was conceded or voted by the Clergy or pretended to be so but was built only by consequence upon the Clergy's recognizing him the supream Head of the Church of England as appears in the Preface of that Act 26. Hen. 8.1 c. By these things therefore it seems that as yet all the Jurisdiction for determining Spiritual Controversies that was taken from the Pope was committed to the Community of the English Clergy or finally placed in the Arch-Bishop of Canterbury But you will find by what follows that it long rested not here but was shortly after removed from hence into the hands of the King And as it was thus with the Clergy so in the Laity also in the Parliament its self in the new power given of altering and dispensing with former Church Laws 25. Hen. 8.21 c. there seemeth at first to have been a kind of jealousy upon the new introduced Supremacy left it might afterward proceed to some exorbitancy as to changing something in the substance of Religion Therefore in the forenamed Act they insert this Proviso Provided always this Act nor any thing therein contained shall be hereafter interpreted that your Grace your Nobles and Subjects intend by the same to decline and vary from the Congregation of Christs Church in any things declared by the Scriptures and the word of God necessary concerning the very Articles of the Catholick Faith of Christendome or any other things declared by the Scripture necessary for your and their Salvation but only to make an Ordinance by Polities necessary and convenient to repress vice and for good conservation of this Realm in peace unity and tranquility from rapine and spoyl insuing much the old ancient Customs of this Realm on that behalf Not minding to seek for any reliefs succors or remedies for any wordly things and humane laws in any case of necessity but within this Realm at the hands of your Highness which ought to have an Imperial power and authority in the same and not obliged in any worldly Causes to any Superior Upon which Proviso Bishop Bramhal hath this note Schism Guarded p. 63. That if any thing is contained in this Law for the abolishing or translation i. e from the Clergy of power meerly and purely Spiritual it is retracted by this Proviso at the same time it is Enacted CHAP. III. The Supremacy in Spirituals claimed by King Henry the Eighth II. Head § 26 II. VVE have seen how far the Clergy and Laity also at first seem to have proceeded in the advancing of the Kings Supremacy Concerning what Supremacy was afterward by degrees conferred on or also claimed by the Prince Now to come to the Second thing I proposed to you Concerning what Supremacy was afterward by degrees conferred on or also claimed by the Prince After the Title then of Supream was thus yielded by the Clergy as likewise that they would thence-forward enact or publish no Synodal Decrees or Constitutions without the consent first obtained of this their declared Supream It was thus Enacted by the Authority of Parliament 26. Hen. 8.1 c. 1. In the times of H. the 8th That the King shall have and enjoy united to the Imperial Crown of this Realm all Jurisdictions to the said Dignity of Supream Head of the same Church belonging which Jurisdiction how far it is understood to be extended see 1. Eliz. 1. c. where it is Enacted that such Jurisdictions Priviledges and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power hath heretofore been or may lawfully be exercised or used for the Visitation of Ecclesiastical State and Persons and for Reformation of all manner of Errors Heresies Schisms c shall for ever by authority of this present Parliament be united and annexed to the Imperial Crown of this Realm And further see the Act 37. Hen. 8.17 which runs thus Whereas your most Royal Majesty is justly Supream Head in Earth of the Church of England and hath full authority to correct and punish all mannner of Heresies Errors Vices and to exercise all other manner of Jurisdictions commonly called Ecclesiastical Jurisdiction Nevertheless the Bishop of Rome and his Adherents have in their Councils and Synods Provincial established divers Ordinances that no Lay-man might exercise any Jurisdiction Ecclesiastical or be any Judge in any Ecclesiastical Court which Ordinances or Constitutions standing in their effect did sound to be directly repugnant to your Majesties being Supream Head of the Church and Prerogative Royal your Grace being a Lay-man And whereas albeit the said Decrees by a Statute 25. Hen. 8. be utterly abolished yet because the contrary thereunto is not used by the Arch-Bishops Bishops c who have no manner of Jurisdiction Ecclesiastical but by under and from your Royal Majesty it giveth occasion to evil disposed persons little to regard and to think the proceedings and censures Ecclesiastical made by your Highness and your Vice-gerent Commissaries c to be of little or none effect whereby the people have not such Reverence to your most Godly Injunctions as becometh them In consideration that your Majesty is the only and undoubted Supream Head c to whom by Holy Scripture all power and authority is wholly given to hear and determine all manner of Causes Ecclesiastical and to correct vice c May it therefore be Enacted that all persons as well Lay as those that are Married being Doctors of the Civil Law
no manner of Appeals shall be made out of the Realm to the Bishop of Rome in any Causes or Matters of what Nature soever Secondly That for lack of Justice in the Court of the Arch-Bishop Commissioners by the Kings Highness to be appointed shall have full power and authority to hear and definitively to determine every such Appeal with the causes and all circumstances concerning the same and no further Appeals to be made These Commissioners therefore appointed by the King are the ultimate and unappealable Judges after the Arch-Bishop in all Spiritual matters of which doubtless many are concerning what is lawful or unlawful by Gods Word wherein according to the Canon when they were Causes of moment Appeals were formerly made from the Bishop to a Synod or to the Patriarch § 34 Again 25. Hen. 8.14 c. It is Enacted by authority of Parliament That no speaking doing or holding against any Laws called Spiritual Laws made by authority of the See of Rome by the Policy of Man which be repugnant to the Laws and Statutes of the Realm or the Kings Prerogative shall be deemed to be Heresy From which all that I would note is this that the King and Parliament undertake to be Judges of Heresy and do declare that no Laws of the Realm nor the Prerogative assumed by the King have any thing of Heresy in them Again it is Enacted by Parliament 34 35. Hen. 8.1 c. That if any Spiritual Person or Persons shall preach or teach contrary to the Determinations which since An. Dom. 1540 are or shall be set forth by his Majesty as is aforementioned that then every such Offender offending the third time contrary to this Act shall be deemed and adjudged an Heretick and shall suffer pains of death by Burning Where the King is made the ultimate Judge of Heresy without any Appeal as appears by the former-quoted Act 25 Hen. 8.19 c. contrary to the First and Seventh Thesis And the Protestants in justifying this Supremacy must allow their own Condemnation if teaching against any thing written in the Book called the Institution of a Christian Man Or A Necessary Doctrine for all sorts of People set forth by the King's Authority at that time or against the Six Articles which were in the same Act Established as likewise in 31. Hen. 8.14 c. the Publishing of which Act saith Lord Herbert p. 447. gave no little occasion of murmur since to revoke the conscience not only from its own Court but from the ordinary ways of resolving Controversies to such an abrupt decision of the Common-Law as is there Stat. 31. Hen. 8.14 c. set down §. 35. n. 1. was thought to be a deturning of Religion from its right and usual course Now to reflect a little upon these several Acts fore-quoted 1. Whereas it is said by Bishop Bramhal Schism Guarded § 3. p. 262. the Title of which Section is That Henry the Eighth made no new Law See likewise his Vindic. p. 86. 1. That these Statutes of Henry the Eighth were only declarative of old Law not enactive of new Law proving it by the authority of Fitz-Herbert and of the Lord Coke Reports Fifth Part. And 2ly Schism Guarded p. 61 62. That these Statutes do attribute no Spiritual Jurisdiction to the King at all save only an External Regiment by coactive Power in Ecclesiastical Causes in foro contentioso Fox the First of these if you please to compare the Clauses of the Statutes before rehearsed with the former Statutes of this Land diligently collected by the Lord Coke Reports §. 35. n. 2. Fifth Part and with those also mentioned by Bishop Bramh. Vindic. 4. c. p. 63. c. You shall find no such thing if you take all and all the extent of King Henry's Statutes You may find Appeals to the Pope or other Forreign Judge and Bulls or Excommunications or Legations from him except that of the Bishop of Canterbury who was Legátus natus to have been prohibited by former Laws that is in some particular Cases wherein the Prince conceived Himself or his Subjects to be injured thereby in his or their Temporal Rights Profits Securities or also in some Ecclesiastical Indulgements obtained formerly from the Pope See that Indulgement granted to King Edw. the Confessor Vobis posteris vestris Regibus c. in Spelm. Conc. A. 1066 Bishop Bramhal's Vindic. p. 66. This appears in that much urged Statute 16. Rich. 2.5 c. quoted in Vindic. p. 80. where upon pain of a Premunire all are prohibited to purchase any Bulls or Sentences of Excommunication from Rome But this is in certain Cases only see Vindic. p. 81. Cases indeed Ecclesiastical but such as were conceived contrary to the Temporal Rights of the King and his Subjects which all Ecclesiastical matters I hope neither are nor are pretended to be viz. these Cases Popes refusing the King's or other Laity's Presentment of a Person to the Benefices of the Church that is of such a Person whose Orthodoxness and Canonicalness the Clergy cannot question Again The Translation by the Pope of English Bishops out of the Realm without the Kings assent whereby saith the Statute the Kings Liege Sages of his Council should be without his assent and against his Will carried away and gotten out of his Realm and the Substance and Treasure of the Realm shall be carried away and so the Realm destitute as well of Council as of Substance surely these are Temporal Considerations and so the Crown of England which hath been so free at all times that it hath been in no Earthly Subjection but immediately subject to God in all things not absolutely as the Bishop represents it Vindic. p. 80. but in all things touching the Regality of the same Crown and to none other should be submitted to the Pope c. the Regality that is in those Temporal things above named In these Cases Bulls c from the Bishop of Rome were prohibited as infringing the Civil Rights And to this Statute in such case it is said there the Lords Spiritual gave their consent But meanwhile making Protestations saith the Statute that it is not their mind to deny or affirm that the Bishop of Rome may not excommunicate Bishops nor that he may make Translation of Prelates after the Law of Holy Church And Richard the Second notwithstanding this Act was far from the denying the Popes Supremacy in his Realms as to many other respects as appears by his zealous supporting of Vrban the Sixth in it 2. Rich. 2.7 Again you may find perhaps Appeals Bulls c prohibited in general without the Kings content first obtained thereto But this not out of an intention of suppressing all such Appeals or Ecclesiastical Laws or Censures whatsoever coming from the Pope or other Spiritual authority abroad or out of an intention of denying these in several Cases to be rightfully belonging unto them but only out of an intention to examine them first whether any thing were contained in them
promise of the guiding of his Spirit into all truth But that any such Council hath at any time allowed the Mass c I affirm saith he to be impossible for Superstition i e. the Masy and the sincere Religion of Christ can never agree together For Determination of all Controversies in Christ's Religion Christ hath left unto the Church not only Moses and the Prophets to ask counsel at but also the Gospels Christ would have the Church his Spouse in all doubts to ask counsel at the word of his Father written Neither do we read that Christ in any place hath laid so great a Burthen upon the Members of his Spouse that he hath commanded them to go to the Universal Church It is true that Christ gave unto his Church some Apostles some Prophets c. But that all men should meet together out of all parts of the world to define of the Articles of our Faith I neither find it commanded of Christ nor written in the Word of God To which Bishop Latimer nexeth these words In things pertaining to God and Faith we must stand only to the Scriptures which are able to make us all perfect and instructed to Salvation if they be well understood And they offer themselves to be well understood only to those who have good wills and give themselves to study and Prayer neither are there any men less apt to understand them than the prudent and wise men of the world Thus Latimer in application of his Discourse to General Councils See likewise Bishop Ridley's Disputation at Oxford where being pressed with the Authority of the great Lateran Council Fox â— 1321. after having replyed that there were Abbots Priors and Friers in it to the Number of 800 he saith that he denyeth the Authority of this Council not so much for that cause as for this especially because the Doctrine of that Council agreed not with the word of God i e. as he understood this word Thus he who was counted the most Learned of those Bishops concerning the Authority of Councils See like matter in the Discourse between Lord Rich and Mr. Philpot Fox p. 1641. § 63 To proceed These Canons and Definitions I say not of Popes and Pontificians as they were ordinarily then Nick-named but of supposed former lawful Superior Councils were then in just force in Queen Mary's days notwithstanding any abrogation of them made by a National i e. an Inferior Synod See Thesis the Fourth and the Eighth as also was frequently urged against those questioned Bishops See the Examination of Arch Bishop Cranmer Fox p. 1702. where Dr. Story the Queens Commissioner thus objecteth but receives no answer there to it The Canons which be received of all Christendome compel you to answer For altho this Realm of late time thro such Schismaticks as you have exiled and banished the Canons yet that cannot make for you for you know that par in parem nec pars in totum aliquid statuere potest Wherefore this Isle being indeed but a Member of tire whole could not determine against the whole Thus Dr. Story Yet neither in Queen Mary's time could the Authority of a National Synod or an Act of Parliament be pleaded for such an abrogation of the old Canons or Liturgies or Supremacies and the establishment of new because both the Synod and Parliament of this Nation in the beginning of her Reign had pulled down again what those under King Edward and Henry had builded so that those Bishops could not hereupon ground their non-conformity which Argument Dr. Story there also prosecuteth against the Arch-Bishop § 64 Such as these then being the Causes of the Ejection of those Bishops I think it is evidenced And 2â—◠〈◊〉 to the Jâ—â—â— that they were Regularly and Canonically ejected as to the Cause And 2. Next so were they as to the Judge They being condemned as guilty of Heresy 2. or other Irregularities which are mulcted with Deposition and so ejected or also degraded and excommunicated with the greater Excommunication further than which the Ecclesiastical Power did not proceed not by any Secular Court or by the Queen's Commissioners but by those whom the Church hath appointed in the Intervals of Councils the ordinary Judges of Heresy or other Breaches of her Canons Amongst whom the highest Judges are the Patriarchs and above them the first Patriarch of Rome By whose Delegates the more Eminent Persons that were accused of Heresy the Arch-Bishop and the Bishops were here tryed according to the Authority shewed to be due to and to be anciently used by him in Chur. Gov. 1. Part. § 9.20 c and 2. Part § 77 and other Inferior Persons were tryed by the Bishop who was their Ordinary Queen Mary having revived the Statutes repealed by King Henry and Edward concerning the Tryal of Hereticks by the Church's Authority as hath been noted before § 49. The issue of which Tryal by the Church if they found guilty was either Deposition only from their Benefice and Office for Breach of her Canons or also Excommunication excommnnicatione majori and Degradation for Heresy and Opposition of her Definitions hi matters of Faith and so the yielding them up as now by degradation rendred Secular Persons to have inflicted on them by the Secular Power the punishments appointed for such crimes by the Secular Laws as you may see in the Forms of the Condemnation of Cranmer Ridley c Fox p. 1603 and elsewhere and in the Profession of the Bishop of Lincoln to Bishop Ridley Fox p. 1597. All saith he that we may do is to cut you off from the Church for we cannot condemn you to dy as most untruly hath been reported of us c. § 65 As for the burning of such afterward whom the Church first condemns of Heresy To β. it is to be considered Where Concern the buâ—â—ing of those whâ— in Q. Mary days were by the Câ—u condemned of Heresy That the Secular Laws not Ecclesiastical appoint it and the Secular Magistrates not Ecclesiastical execute it Again That Protestant Princes as well as Catholick King Edward King James Queen Elizabeth as well as Queen Mary have thought fit to execute this Law upon Hereticks So in Edward the Sixth's days Joan of Kent Anne Askews Maid who was burnt in Henry the Eighth's days for denying the Real Presence and George Paris were burnt for Hereticks Fox p. 1180 And some other Anabaptists condemned and recanting were enjoined to bear their Faggots See Stow p. 596. And in Henry the Eighth's time Arch-Bishop Cranmer in the Kings presence disputed against Jo. Lambert for denying the Real Presence and the Lord Cromwel pronounced Sentence upon him to be burnt for it Fox p. 1024 1026. And the same Arch-Bishop being as yet only a Lutheran saith Fox p. 1115 prosecuted others upon the same grounds and also in the beginning of King Edward's Reign before that the Protector and his Party appeared much for Zuinglianisme committed to the Counter
and appointment But it is to be remembred that the Ecclesiastical Censures asserted to belong to the Clergie in the first Thesis have reference to the things only of the next world but the censures here spoken of are such as have reference to the things of this world The Habitual Jurisdiction of Bishops flows we confess from their Ordination but the Actual exercise thereof in publick Courts after a coercive manner is from the gracious Concessions of Sovereign Princes From the 1st and 2d Thesis he farther condemns the taking away the Patriarch's Autority for receiving of Appeals pag. 99. and exercising final Judicature in Spiritual Controversies as also the taking away the final judging and decision of such Controversies not only from the Patriarch in particular but also from all the Clergy in general not making the Arch-Bishop of Canterbury or Convocation but himself or his Substitutes the Judges thereof For which he refers us to Stat. 25. H. 8.19 c. But in that Statute I find no mention of a Patriarch or Spiritual Controversies but only that in causes of Contention having their commencement within the Courts of this Realm no Appeal shall be made out of it to the Bishop of Rome but to the Arch-Bishop of Canterbury and for want of Justice in his Courts to the King in Chancery Upon which a Commission shall be directed to such Persons as shall be appointed by the King definitively to determine such Appeals Here is nothing of determining Controversies in pure matters of Religion of deciding what is Gods word and divine Truth What are Errors in the faith or in the practise of Gods Worship and Service nor any of the other Spiritual powers by him enumerated in the 1st Thesis Or if any such Quaestions should be involv'd in the Causes to be tried Why may not the Commissioners if Secular judge according to what has been praedetermin'd by the Clergy or let us suppose a case never yet determin'd How doth he prove a power of judging in such causes transfer'd on secular Persons since if Occasion requir'd the Delegates might be Persons Ecclesiastical But not only the Acts of State and Church but the Opinions of our Doctors are to be examin'd by his Test and therefore from the same Theses he censures that Assertion of Dr. Heylin * Heylins Ref. Justified part 1. §. 6. p 240. that it is neither fit nor reasonable that the Clergy should be able by their Synodical Acts to conclude both Prince and People in Spiritual matters until the stamp of Royal Autority be imprinted on them Now it is plain to any one that views the Context that the Dr. speaks of such a concluding the Prince and people in matters Spiritual as hath influence on their Civil rights For he there discourses of the Clergy under King Henry obliging themselves not to execute those Ecclesiastical Canons without the Kings consent which formerly they had put in Execution by their own Autority But the Canons so executed had the force of Civil Laws and the Violators of them were obnoxious to Secular punishments The Dr. therefore very justly thought it unreasonable any should be liable to such Punishments without His consent who only has the power of inflicting them Nor is this inconsistent with our Authors first Thesis had he at so great a distance remembred it which extends Church-Autority only to Ecclesiastical Censures which have reference to things not of this but the next World These are the Inferences which I find deduc'd from his first and second Theses in the several parts of this Discourse which had they been as conclusive as they are false yet I do not find but that his own party if that be the Roman Catholick had suffer'd most by them For if the Supremacy given to King Henry was so great an Invasion of the Churches right what shall we think of that Roman Catholick Clergy who so Sacrilegiously invested him with this Spiritual power If that Synodical Act was betraying the trust which the Clergy had receiv'd from Christ what shall we think of those Pastours who so unfaithfully manag'd the Depositum of their Saviour If denying the Popes Authority was so piacular a Crime what Opinion shall we entertain of those Religious Persons in Monasteries who professing a more then ordinary Sanctity and being obliged by the strictest Vows of Obedience so * Burn Ref. l. 3. p. 182. resolutely abjur'd it What of those Learned in the * Convocatis undique dictae Academiae Theologis habitoque complurium biorum spatio ac deliberandi tempore sasatis amplo quo interim cum omni qua potuimus diligentia Justitiae zelo religione conscientia incorrupta perscruta remur tam Sacrae Scripturae libros quam super iisdem approbatissimos Interpretes eos quidem saepe saepius à nobis evolutos exactissime collatos repetitos examinatos deinde disputationibus solennibus palam ac publice habitis celebratis tandem in hanc Sententiam unanimiter omnes convenimus ac concordes fuimus viz. Romanum Episcopum majorem aliquam Jurisdictionem non habere sibi à Deo collatam in sacra Scriptura in hoc Regno Angliae quam alium quemvis Episcopum Antiq. Oxon lib. 1. pag. 259. Vniversity who after a solemn debate and serious disquisition of the cause so peremptorily defin'd against it What of the * Ref. l. 2. p. 142. Whole Body of the Clergy whose proper Office it is to determine such Controversies Pag. 2. and to judge what is Gods Word and divine Truth § 2 what are Errors who in full Synod so Unanimously rejected it What of the leading part of those Prelates Ibid. p. 137. Gardiner Bonner and Tonstal who Wrote Preach'd and Fram'd Oaths against it What of the Ibid. p. 144. Nobles and Commons Persons of presum'd Integrity and Honour who prepared the Bill against it What lastly of the Sovereign a declar'd Enemy of the Lutheran Doctrine and Defender of the Roman Catholick Faith who past that Bill into a Law and guarded the Sanction of it with Capital punishments If all these acted sincerely then it is not the Doctrine of the Reformed but of the Romanists which is written against If not we seem to have just praejudices against a Religion which had no greater influence over its Professors then to suffer a whole Nation of them perfidiously to deny that which if it be any part is a main Article of their Faith But to return to our Author What shall we judge of his skill in Controversie who from Principles assum'd gratis draws Deductions which by no means follow and which if they did follow would be the greatest Wound to that cause which he pretends to Patronize But because he has offer'd something under this first Thesis why the Prince should pay an implicit Obedience to his Clergy I come now to consider it He tells us therefore that the Prince professeth Himself with the rest of
a Bur. V. 2. App. p. 390. 391. was depriv'd for Misprision of Treason He was a firm Friend of the Protector and so well satisfied with the first changes which were made that he is complain'd of by Gardiner as well as Cranmer in a Letter which he wrote to the Protector b Ibid. Bonner and Gardiner were depriv'd for not Preaching up the King's Autority to be the same under Age as after which is a point purely Secular and relating to the Constitutions of this Government c Bur. Hist V. 2. p. 70. Gardiner in the Sermon for an Omission in which he was depriv'd exprest himself very fully concerning the Pope's Supremacy as justly abolish'd and the Suppression of Monasteries and Chantries approv'd of the King's proceedings thought Images might have been well us'd but yet might be taken away approv'd of Communion in both kinds of the abolition of Masses and new Order of Communion asserted indeed the Corporal Presence but that was not yet declar'd against a Bur. V. 2. p. 121. Bonner complied so easily with every Order of Council that it was not easie to find any complaint against him b Bur. V. 2. App. p. 390. Heath and Day complied with all the changes that were made in the first 4 Years of this King's reign and both preach'd and wrote for them They were depriv'd by Lay-Delegates in the 5th Year of King Edward and my Author hence guesses it was for some Offence against the State After this account I need not be sollicitous to examine Whether the Causes assign'd by our Author were just Causes of deprivation or not having prov'd that they were not at all the Causes As for the Ejection of the rest of King Edward's Bishops by Q. Mary this he saith will be justifiable if done 1st For a lawful Cause 2ly By a lawful Judge which therefore he assigns The Causes here he supposes to be all the Articles of Reformation as distinct to Popery viz. Marriage of Clergy denying the Papal and asserting the Regal Supremacy accusing the Church-Service of Idolatry denying the corporal presence in the Eucharist or that it was a propitiatory Sacrifice c. This again he asserts upon his own Autority which had need to be great since it contradicts all others Of the Bishops ejected by Q. Mary besides c Bur. Hist V. 2. p. 247. those who made room for the re-entrance of the former Possessors not unjustly ejected so far as has yet appeâ—â—â—d and therefore unjustly reintroduc'd d Bur. V. 2. Coll. p. 256. Four of them Holgate Farrars Bird and Bush were ejected for Marriage e Ibid. p. 257. Three others Taylor Hooper and Harley were depriv'd by Delegates who were empower'd to declare their Sees void as they were already void a Bur. V. 2. p. 275. Barlow was made to resign b Bur. V. 2. p. 257. Cranmer the only remaining Bishop in the Catalogue was esteem'd Arch-Bishop till he was degraded for Heresie so that he indeed was depriv'd of his See and of his Life together for the Causes alledg'd Now as for those which were ejected for Marriage it was warranted by the Law of God the Autority of the Primitive Church the Statutes of the Realm and the Synodical Act of the English Clergy Nor is it to any purpose which our Author urges that these Acts of the Parliament and Synod were repeal'd since a repeal could only abrogate the Law for the future not void it from the beginning it might make that Marriage should be not that it should have been unlawful it might legitimate the proceedings against these Bishops if they retain'd their Wives not warrant the deprivation of them for what was past Nor is it more material which is here urg'd that the Laws which legitimated such Marriage were void in their making as being contrary to the Canons of Superior Councils untill it be proved that those Councils which prohibited such Marriage were our lawful Superiors and if so had power to lay such a Yoke upon their Subjects For these Councils he refers me to the Discourse of Celibacy and for a Reply I refer him to the Answer to it As for the next 3 Bishops Taylor Hooper and Harley their Judges were not to seek for a Cause who had power to declare their Sees void as they were already void But let us at last suppose the Causes of their Deprivation the same as are by him alleg'd as it is confest they were the Causes for which Cranmer was depriv'd and for which He and others were burnt Yet whether these were just Causes of Deprivation or not doth not depend upon this Man 's confident Assertion but on the truth of the thing It seems something arrogant thus Magisterially in one breath to condemn all those Doctrines of the Reformation which have hitherto stood the shock against all their Arguments and their Faggots their Bellarmines and their Bonners The Reformers for some Years have been writing and dying in Justification of these Doctrines and doth this Author at last think that the very naming of them is Evidence enough that those Bishops who were ejected for their adherence to them were rightfully ejected as to the Cause But it is enough with these Men to condemn an Opinion that it is not their own For as for the truth of particular Doctrines whether there be a Trinity whether Christ and the Holy Ghost be God or the like these we are told a Guide in Controv. Preface are things that trouble none who hath once undergone the Mortification of dethroning his own Judgment and hath captivated it to the Unity of the Church's Faith But as they were regularly ejected as to the cause so they were as to the Judg they being not ejected he saith by the Queen's Commissioners but by the delegates of the Western Patriarch This not to speak too bluntly is a b Book of Educ p. 294. Edit Ox. 1677. Gasconade with a Witness Had not the World been presented with a Collection of Records such an Assertion as this would have been more tolerable but to tell us they were not depriv'd by the Queen's Commissioners when we can have recourse to the c Bur. Vol. 2. Coll. p. 256. 257. Original Commissions by which they were depriv'd became one who writes as if he had no reputation to lose But the Judges were to be prov'd Canonical the Delegates of the Prince had before been affirm'd to be Uncanonical and this being a knot impossible to be untied the Knight-Errant boldly cuts it § 65 Having prov'd that these Bishops were regularly ejected as to the cause and as to the Judge the next Question is whether they were regularly burnt too As for the burning of Heretics it is to be consider'd He saith that the Secular Laws not Ecclesiastical appoint it and the Secular Magistrates not Ecclesiastical execute it This amounts to no more than that Kings are the Pope's Executioners they are requir'd to
who shall be deputed to be any Chancellor Commissary c may lawfully exercise all manner of Jurisdiction commonly called Ecclesiastical Jurisdiction any Constitution to the contrary notwithstanding And see Reformatio Legum Ecclesiasticarum tit de Officio Jurisd omnium Judicum Rex tam in Episcopos Clericos c quam in Laicos plenissimam jurisdictionem tam civilem quam Ecclesitasticam exercere potest cum omnis Jurisdictio Ecclesiastica Saecularis ab eo tanquam ex uno eodem fonte derivantur § 27 Amongst which Jurisdictions I understand also Excommunication Suspension and Deprivation ab officio of which see more below p. § 46. Not that I affirm the King did ever claim the right of exercising himself this power of the Keys but that he claimed this right which is contrary to the First Thesis that no Clergy-man being a Member of the Church of England should exercise it in his Dominions in any Cause or on any Person without the leave and appointment of him the Supream Head of this Church nor any forbear to exercise where he the Head commanded it As before the Reformation the inferiour Clergy might not exercise any Church Censure contrary to the commands of their lawful Spiritual Superiors which Jurisdiction of their former Spiritual Superiors was now enstated on the King On the King Not as one subordinate to the Ecclesiastical Jurisdiction herein For so a Lay-person in foro exteriori or contentioso as 't is called which Court the Church used before any Prince was Christian may excommunicate sometimes tho not ligare or solvere in foro interiori or poenitentiali yet for the exteriour also see what Provision is made against this in 16. Caroli 1. Can. 13. But as one by God primarily invested with the disposal thereof from whom the Ecclesiastical Governors within his Dominions derive this authority as you have seen in the Preface of this Act. § 28 Again in vertue of this Jurisdiction translated to the King by another Act of Parliament 25. Hen. 8.21 c. the Supreme Power of giving all manner of Licences Dispensations Faculties Grants c for all Laws and Constitutions meerly Ecclesiastical and in all Causes not being contrary to the Scriptures and Laws of God is not only taken from the Pope but from the Clergy too and is committed to the Secular Power contrary to the Eighth Thesis The Statute saith thus That whereas it standeth with Natural Equity and good Reason that in all humane Laws in all Causes which are called Spiritual induced into this Realm your Royal Majesty and your Lords Spiritual and Temporal and Commons in Parliament where you see the Parliaments Supremacy as to admitting or abrogating Ecclesiastical Constitutions joyned with the Kings have full power and authority not only to dispense but also to authorize some elect persons to dispense with those and all other humane Laws of this your Realm as the quality of the persons and matter shall require as also the said Laws to abrogate admit amplify or diminish Be it therefore Enacted That from henceforth every such Licence Dispensation c that in cases of necessity may lawfully be granted without offending the Holy Scripture and Laws of God necessary for your Highness or for your Subjects shall be granted in manner following that is to say the Arch-Bishop of Canterbury shall have Power to grant them to your Majesty c. And if the foresaid Arch-Bishop shall refuse or deny to grant any Licences Dispensations that then upon Examination had in your Court of Chancery that such Licences may be granted without offending against the Scriptures your Highness shall command the Arch-Bishop to grant them c under such Penalties as shall be expressed in such Writ of Injunction And it shall be lawful to your Highness for every such default of the said Arch-Bishop to give Power by Commission to such two Spiritual Prelates or Persons to be named by your Highness as will grant such Licences and Dispensations Here the Supream Power of dispensing with Ecclesiastical Constitutions is ascribed to the King and Parliament as recognized Supream Head of the Church and the Arch-Bishop made his Delegate and after the Arch-Bishop the King or his Court of Chancery made the last Judge what things in such Dispensations offend against Scripture what not § 29 By vertue of the same Jurisdiction translated to the King by an Act of Parliament 25. Hen. 8.20 c. The necessity of the Metropolitan's being confirmed by the Patriarch is taken away and the Clergy are bound to admit and consecrate what person soever the King shall present to any Bishoprick upon Penalty of incurring a Premunire and the Consecration is to be performed by such and so many as the King shall appoint A thing contrary to the Third Thesis and the Canons of former Superior Councils and ruining the Church when the Prince is Heretical See the Statute § 30 Again it is Enacted by the Statute above-mentioned 26. Hen. 8.1 c. That the King should have full power from time to time to visit repress reform correct and amend all such Errors Heresies c as is set down but now § 25. § 31 Again 25. Hen. 8.19 c. It is Enacted by the same authority That all such Canons and Constitutions Provincial or Synodal which be thought prejudicial as I have set it down before § 23. § 32 The like is Enacted 32. Hen. 8.26 c. viz. That all such Determinations Decrees Definitions and Ordinances as according to Gods Word and Christs Gospel should at any time hereafter be set forth by the said Arch-Bishop and Bishops and Doctors in Divinity now appointed or hereafter to be appointed by his Royal Majesty or else by the whole Clergy of England either by the one or by the other therefore is the latter not held necessary but the former sufficient with the Confirmation of the Head in and upon the matter of Christs Religion and the Christian Faith c by his Majesties advice and confirmation under the Great Seal shall be by all his Grace's Subjects fully believed obeyed observed and performed to all purposes and intents upon the pains and penalties therein to be comprised Where note that whereas under the Reformation private men are tyed only to obey and believe the Definitions of Councils when they are set forth according to Gods Word i. e when private men think them to be so Yet here this Liberty was thought fit to be restrained and private men tyed to believe these Definitions when set forth as according to Gods word i. e when the setters forth deem them to be so To obey a thing defined according to Gods Word and to obey a thing defined as being according to Gods word are Injunctions very different § 33 Again whereas the Act 24. Hen. 8.12 c. set down before § 25. ordered Appeals in Causes Spiritual to be finally adjudged by the Arch-Bishop of the Province It is Enacted by Parliament 25. Hen. 8.19 c. First That
Saying p. 92. If thus the Bishop will have Secular Princes to have nothing to do in the making or hindring any Decrees or Laws of the Church-men in matters meerly Spiritual but only to have such a sole dominion over the Secular Sword as that none can use it but he or by his leave in the execution of such Laws all is well but then the former-quoted Statutes of Henry the Eighth shew much more Power challenged than the Bishop alloweth This in Answer to the Bishop Secondly If it be further said here touching that particular Statute of much concernment 26. Hen. 8.1 c. quoted before § 26 and § 25. Namely §. 35. n. 4. 1 That the King shall have full power from time to time to visit repress reform all such Errors and Heresies as by any manner of Spritual Authority c lawfully may be reformed c. See §. 25. If it be said here that the King hath only this power therein ascribed to him to redress and reform the Errors and Heresies which are declared such by the Church by former Councils or by the Synods of his Clergy but that he hath no power given him to judge or declare what is Error or Heresy 1. First thus then he hath not all the power given him which by any manner of Spiritual Authority or Jurisdiction may be exercised as it follows in that Act because there is a Spiritual Authority also that may declare new Errors and Heresies or that may reform such Errors as have not been by Synods formerly declared such and it seems this He hath not Secondly Thus the Clause ending the Act any Custome Forreign Laws Prescription c notwithstanding is utterly useless because no Forreign Laws or Prescriptions deny this Authority to Kings to reform Errors c in their Dominions so that they still confine themselves to the precedent Judgments of the Church Thirdly In the Act fore-quoted 25. Hen. 8.19 c. 'T is granted to his Highness and Thirty Two Commissioners elected by him to annul and make invalid what former Synodal Canons they think not to stand with the Laws of God therefore they have power to judge which Canons are such and to reform them i. e to teach and declare the contrary truths to them when thought by them Errors against the judgment of former Synods and without the judgment of a new Synod and what is this but to judge and pronounce de novo what is Error and Heresy Enormity Abuse c Fourthly Lastly how comes the King or his Commissioners to be made the ultimate judge See before § 31.25 Hen. 8.19 c. in all Appeals touching Divine matters if he or they cannot judge in these what is Error Since some Causes and Controversies may haply come before him not determined by former Councils And for the Errors he reforms if he is still to follow the judgment of his Clergy what are such Errors how are there in these things Appeals admitted to him from the judgments of his Clergy § 36 This said to remove the mis-interpretation of that Act I will add to these Acts of Parliament which I have been reciting to you from § 26. those words in the Kings last Speech which he made in Parliament not long before his death reprehending his Subjects for their great dissension in Opinion and Doctrine If you know surely saith he that a Bishop or Preacher erreth or teacheth perverse Doctrine Lord. Herb. Hist p. 536. come and declare it to some of our Council or to us to whom is committed by God the high authority to reform and order such causes and behaviours and be not Judges your selves of your fantastical Opinions and vain Expositions Here making his Council or himself Judge of the Bishops Doctrines And those words in King Henry the Eighth's Proclamation 1543. made for the eating of White-Meats Milk Butter Eggs heese in Lent where he saith That the meer positive Laws of the Church may be upon considerations and grounds altered and dispensed with by the publick authority of Kings and Princes In Fox pag. 1104. whensoever they shall perceive the same to tend to the hurt and damage of their people Vnless perhaps he restrain damage here to Civil Affairs Contrary to the Eighth Thesis And those words in Cromwell's Speech when he presided as the Kings Vicar-General over the Clergy assembled to state something in Controversies of Faith then agitated betwixt the Roman Church and Lutherans who told them That His Majesty would not suffer the Scripture to be wrested and defaced by any Glosses Fox p. 1078. any Papistical Laws or by any Authority of Doctors or Councils By which if this be meant that we are not obliged to embrace the Doctrine of Scriptures according to those Determinations and Expositions which lawful Councils have made of them it is contrary to the Fourth and Seventh Thesis and overthrows the Government of the Church See the same thing said on the Kings behalf by the Bishop of Hereford against other Bishops urging the Doctors of the Church Fox p. 1079. I will conclude with what Bishop Carleton in Jurisdict Regal and Episcopal Epist dedicat § 37 And Calvin upon those Words in Amos 7.13 Prophecy not any more at Bethel for it is the Kings Court say of these times Bishop Carleton relateth out of Calvin That Stephen Gardiner Bishop of Winchester being at Ratisbon in Germany upon the Kings Affairs and there taking occasion to declare the meaning of that Title Supreme Head of the Church given to Henry the Eighth taught that the King had such a power that he might appoint and prescribe new Ordinances of the Church even matters concerning Faith and Doctrine and abolish old As Namely ' That the King might forbid the Marriage of Priests and might take away the use of the Cup in the Sacrament of the Lords Supper and in such things might appoint what he list And there likewise Bishop Carleton confesseth That when Henry the Eighth took this Title of Supreme Head c tho the sounder and more judicious part of the Church then understood the words of that Title so as that no offence might justly rise by it I suppose he means in that sense as himself takes it which is For the King to have a Jurisdiction Coactive in External Courts binding and compelling men by force of Law and other External Mulcts and Punishments to what the â—hurch in Spiritual matters defines For this Bishop saith that the Church is the only Judge of such matters See before p. 4. and in his whole Book written purposely on this Subject I do not find that he gives the King any Coactive Authority in Spiritual matters against any definition of the Church Yet saith he they that were suddenly brought from their old Opinions of Popery not to the love of the Truth but to the observance of the Kings Religion received a gross and impure sense of these words But this gross sense is such as Bishop Gardiner
Ministers only his Ecclesiastical Sheriffs to execute his Mandates And of this Act such use was made tho possibly beyond the true intention of it that the Bishops of those times were not in a capacity of conferring Orders but as they were thereunto impowered by especial Licence Where he quoteth out of Sanders what is set down below § 145. Which saith he being looked on by Queen Mary not only as a dangerous diminution of the Episcopal Power but as an odious innovation in the Church of Christ She caused this Act to be repealed leaving the Bishops to depend on their former i. e Divine Institution and to act in all things which belonged to their Jurisdiction in their own Names and under their own Seals as in former times In which Estate they have continued without any legal interruption from that time to this Thus He. Now to go on Consequently we find in 2. Edw 6.1 c. the King and Parliament authorizing Arch-Bishops Bishops c. by vertue of their Act to take Informations concerning the not using of the Form of Common-Prayer c therein prescribed and to punish the same by Excommunication c. And in Stat. 5 6. Edw. 6.1 c. it is Enacted likewise concerning the same Common-Prayer Book Established by Parliament That all Arch-Bishops Bishops c shall have full power and authority by this Act to correct and punish by Censures of the Church all persons who shall offend against this Act and Statute Which Clause by vertue of this Act and the like implies that the Bishops might not excommunicate and use the Church Censures for that matter without the King and Parliament's Licence or ought to excommunicate in all matters wherein the King and Parliament command it Whereby we may understand more clearly the meaning of that Act forementioned p. 44. § 26. 26. Hen. 8.1 c. and that 1. Eliz. 1. c. That the Spiritual Jurisdiction there ascribed to the King or Queen involves the Jurisdiction of Excommunication as well as others not for the King to exercise this himself but to appoint when and in what matters the Clergy within his Realm shall execute or not execute it so that they derive the power of exercising of this Ecclesiastical Censure in his Dominions also from the King contrary to the Second and Third Thesis And indeed if the Clergy may not make nor enjoyn any new or old Spiritual Laws may not correct what they judge Heresies Errors Vices c without the Kings consent had thereto See the Acts set down before § 31 32 33 c. it is but reasonable that they should not excommunicate his Subjects without his consent for not obeying such Laws or for being thought guilty of such Crimes And this is the reason I suppose of Dr. Heylins Observation Hist of Reform p. 94. That in those times the Wings of Episcopal Authority were so clipped that it was scarce able to fly abroad the Sentence of Excommunication wherewith the Bishops formerly kept in awe both Priest and People not having been in use and practice from the first of King Edward and of that Suit of Latimer to the King in his Sermon before him quoted ibid That the Discipline of Christ in the Excommunication of open Sinners might be restored and brought into the Church of England § 41 Consequently in the Act of Parliament 3 and 4. Edw. 6.11 c. We find the Kings Power in Spirituals delegated to Thirty Two Persons half Seculars to be nominated by him as was done in Henry the Eighth's days in 35. Hen. 8.16 c. 27. Hen. 8.15 c. 25.19 c. who are authorized to reform the former Laws of the Church and these reformed Laws only established by a major part of them and published by the Kings Proclamation thence forward to stand in force The Statute runs thus Albeit the Kings Majesty ought most justly to have the Government of his Subjects and the Determinations of their Causes as well Ecclesiastical as Temporal therefore you see the Statutes concerning the Bishops determining Ecclesiastical Causes repealed in Statute 1. Edw. 6.12 c. above-mentioned yet the same as concerning Ecclesiastical Causes having not of long time been put in ure nor exercised by reason of the usurped Authority of the Bishop of Rome is not perfectly understood nor known of his Subjects and therefore may it please his Highness that it may be Enacted c that the Kings Majesty shall from henceforth during Three years have full power to nominate and assign by the advice of his Council Sixteen persons of the Clergy whereof Four to be Bishops and Sixteen of the Temporalty whereof Four to be learned in the Common Laws of this Realm to peruse and examine the Ecclesiastical Laws of long time here used and to gather order and compile such Laws Ecclesiastical as shall be thought to his Majesty his said Council and them or the more part of them convenient to be used practiced or set forth within this his Realm in all Spiritual and Ecclesiastical Courts and Conventions And that such Laws compiled by the said Thirty Two Persons or the more number of them and set forth by the Kings Majesties Proclamations shall by vertue of this present Act be only taken and put in ure for the Kings Ecclesiastical Laws of this Realm and no other Any Law Statute or Prescription to the contrary hereof notwithstanding § 42 Again we find in the same Act Six Prelates and Six others such as the King should nominate delegated by the same authority to make a new Form of Consecration of Bishops and Priests and this devised by them and set forth under the Great Seal to be used and none other The words are these Forasmuch as that concord and unity may be had within the Kings Majesties dominions some it seems then devising to themselves new Forms of Consecration and Ordination cut of dislike of the Superstitions of the old it is requisite to have one uniform manner for making and consecrating of Bishops and Priests be it therefore Enacted that such Form as by Six Prelates and Six other Men of this Realm Learned in Gods Law by the King to be appointed or by the most Number of them shall be devised for that purpose and set forth under the Great Seal shall by vertue of this present Act be lawfully used and none other any Law Statute or Prescription to the contrary hereof notwithstanding Here the King and Parliament assume power to abrogate the former common Rituals of the Church and by their Delegates to constitute and by their sole Act to authorize new without any consent and ratification given thereto by any Ecclesiastical Synod And in this new Book of Ordination was inserted this Oath of the Kings Supremacy and renunciation of all Jurisdiction of the Bishop of Rome to be taken by every one entring into Holy Orders I from henceforth shall utterly renounce and forsake the Bishop of Rome and his Authority Power and Jurisdiction And I shall never consent nor
a Lay Vicar-General and p. 20 That the Power and Reputation of the Clergy was under foot and therefore the Authority of Parliament of more use than afterward in times well ballanced and established meaning those following times wherein the Clergy were now changed and fashioned to the inclinations of the Prince And as for these days of King Edward what Authority concerning Spiritual matters not only the people but the new Divines of Edward acknowledged and enstated in the King and Parliament may appear from that Letter of Bishop Hooper when in Prison sent to the Synod called in the beginning of Queen Mary Episcopis Decanis wherein he cites them before the High Court of Parliament â—ox p. 1933. as the competent Judge in those Controversies i. e for so far as any man can be Judge In this Letter after having urged Deut. 17.8 because of the mention made there of a Judge besides the Priest Voâ— omnes saith he obtestor ut causam hanc vel aliam quamcunqne ob religionem ortam inter nos vos deferre dignemini ad supremam Curiam Parliamenti ut ibi utraque pars coram sacro excelso senatu sese religiosè animo submisso judicio authoritati Verbi Dei subjiciat Vestra ipsorum causa certè postulat ut palam e. c lites inter nos componantur idque coram competenti judice Quid hoc est igitur Quo jure contenditis Vultis nostri causae nostrae testes accusatores judices esse Nos tantùm legem evangelium Dei in causà religionis judicem competentem agnoscimus Illius judicio stet vel cadat nostra causa Tantum iterum atque iterum petimus ut coram competenti judice detur nobis amicum Christianumque auditorium Non vos fugit quomodo publicè palam in facie ac in presentiâ omnium statuum hujus regni in summâ curià Parliamenti veritas verbi Dei per fidos doctos pios ministros de vestrâ impiâ Missâ gloriosè victoriam reportavit Quae quocunque titulo tempore universalitate splenduit ubi per Sanctissimum Regem Edvardum 6. ad vivum lapidem Lydium verbi Dei examinari per proceres heroas ac doctos hujus regni erat mandatum statim evanuit c. Here that Bishop professeth when any do oppose a Synod in a Cause of Religion not the Synod but the Parliament the competent Judge therein and urgeth if I rightly understand him the just Authority thereof in King Edward's time for putting down the Mass Will he then stand to the Parliaments judgment which as it was then affected would have cast him It seemeth Not by that he faith Tantum legem Dei in causâ religionis judicem competentem agnoscimus Illius judicio stet vel cadat causa nostra By whose mouth then shall the Scripture decide it that Sentence may be executed accordingly on him a Prisoner for this Controversy By the Clergy's No. By the Parliament's No for he makes sure to wave that in his Letter By the Scripture then its self But this is urged by both sides to speak for them and saith not one word more after the Cause heard by the Parliament than it did before So that in nominating no other final Judge the Bishops Request here in summe is that his Cause may never be tryed by any Judge CHAP. V. King Edward's Supremacy disclaimed by Qu. Mary § 48 AFter King Edward's Death in the beginning of Queen Mary's Reign a Princess otherwise principled The former Supremacy Disclaimed by Q. Mary and by the Bishops in her days and the Popes Supremacy re-acknowledged all that had been done in the Two former Kings Reigns by Prince by State or by Clergy in setting up a new Lay-Supremacy in Spirituals in restraining the former Power and Supremacy of the Church in innovating the Forms of Divine Service and Administration of the Sacraments of Ordination of Church Rites and Discipline and Jurisdiction in disannulling several former Ecclesiastical Canons and Constitutions and composing new ones All was now by an equal Authority of Prince Clergy and State reversed repealed ejected and Religion only rendred much poorer as for Temporals put into the same course which it had in the twentieth Year of Henry the Eighth before a new Wife or a new Title was by him thought on So that any new Reformation to come afterward must begin to build clearly upon a new Foundation not able to make any use of the Authority of the former Structure being now by the like Authority defaced and thrown down § 49 This Restitution of things made in Queen Mary's days will chiefly appear to you in the Statute 1. Mar. 2. chap where the ancient Form of Divine Service c used in Henry the Eighths days is restored as being the Service saith the Act which we and our Fore-fathers found in this Church of England left unto us by the Authority of the Catholick Church And the final judgment of Ecclesiastical matters restored to the Church and several Acts of Henry the Eighth and Edward the Sixth that abrogated some former Ecclesiastical Laws c or introduced new Forms of Divine Service of Election and Ordination of Bishops and Priests are repealed And in 1 and 2. Mar. 6. chap. where the ancient way of judging Heresies and Hereticks first at the Tribunals of the Church is set on foot again and the Statutes to this purpose which were repealed upon the coming in of a new Supremacy are revived § 50 And in 1 and 2. Mar. 8. c where the Pope's Supremacy is re-acknowledged when also as Fox observes p. 1296. the Queen's Stile concerning Supremacy was changed and in it Ecclesiae Anglicanae Supremum Caput omitted as also Bonner Bishop of London being Chief of the Province of Canterbury in the Restraint of the Arch-Bishop did omit in his Writs to the Clergy Authoritate Illustrissimae c legitime suffulttus In which Statute also the whole Nation by their Representative in Parliament ask pardon and absolution from their former Schism repealing the Oath of the Kings Supremacy and all the Acts made formerly in Henry the Eighth and Edward the Sixth's time against the Popes Supremacy and amongst them particularly this Act of the Submission of the Clergy set down before § 22. and § 23 whereby the Clergy had engaged themselves to make nor promulge no Ecclesiastical Canons without the Kings consent and bad also besought the King to delegate some persons whom he pleased to reform Errors Heresies c i e. to do the Offices of the Clergy In which Statute also the Clergy in a distinct Supplication beginning Nos Episcopi Clerus Cantuariensis Provinciae in hac Synodo congregati c calling the former Reformation perniciosum Schisma do petition to have the Church restored to her former Rights Jurisdictions Liberties taken from her by the injustice of former times The words are Insuper Majestatibus vestris supplicamus
just Authority of Queen Mary's Clergy Reply to α notwithstanding what hath been objected you must First 1. take notice That the Ejection of Bishops in Queen Mary's days was not the First but Second Ejection the first being made in King Edward's time when Gardiner Bonner Tonstal Day Heath Vesy That the Bishops in K Edward's days were not lawfully ejected and probably some other Bishops were removed from their Sees for I find not the Ecclesiastical History of those times accurately written by any nor Mr. Fox to use the same diligence in numbring the Change of Clergy under King Edward as he doth that under Queen Mary yet something may be conjectured from those general words of his p. 1180 For the most part the Bishops were changed and the dumb Prelate compelled to give place to others that would Preach Secondly That if the Ejection of Bishops in King Edward's time was not lawful so many of the Bishops as were then ejected were by Queen Mary justly restored and those who were introduced into their places justly excluded Thirdly That to prove the Ejection of those Bishops under King Edward lawful it must be done both by a lawful Authority and for a lawful Cause Fourthly But that in both these respects their Ejection if the Principles formerly laid in this Discourse stand good appears not just § 55 For 1. First these Bishops being questioned about matters Ecclesiastical and Spiritual 1. Neither for the Judge their Judges were the Kings Privy Council or his Commissioners part Clergy part Laity as the King pleased to nominate them contrary to Third Thesis Amongst whom tho the Arch-Bishop of Canterbury was one yet he was so not for his Canonical Superiority in the Church but from the Authority he jointly with the rest received from the King when the former Statutes concerning the Tryal of Hereticks by the Clergy See Fox p. 1237 and p 1202. had been first abrogated See before § 39 whereas the Clergy only are the lawful Judges of these matters namely to declare what is done contrary to the Laws of God and of the Church and to depose from the exercise of their Office the persons found faulty therein See Thesis Third § 56 Secondly The Causes Ecclesiastical urged against them for which they were removed from their Bishopricks were these 2. Nor for the Cause their non-acknowledgment of such a large extended Power of the Kings Supremacy as he then claimed and exercised in Ecclesiastical matters their non-conformity to the Kings Injunctions confirmed if you will with the consent of the National Synod of the Clergy in Spiritual matters And amongst these especially their not relinquishing the usage of the former Church Liturgies and Forms of Divine Service and particularly the Canon of the Mass which had been a Service approved by the general Practice of the Church Catholick for near a 1000 Years in which were now said to be many Errors See Church Gâ—v 4. 〈◊〉 §. 39. for which it might not be lawfully used their not using and conforming to the new Form of Common-Prayer and Administration of the Sacraments the new Form of Consecration and Ordination of Priests and many other clear Innovations against the former not only Ecclesiastical Constitutions or External Rites and Ceremonies which it was affirmed in one of the Questions disputed on in the first Year of Queen Elizabeth that every particular Church hath Authority to take away and change but also Ecclesiastical Doctrines established by Synods superiour to that of this Nation as hath been shewed in the Fourth Part of Church Govern A Catalogue of which Doctrines and Canons I have set down before § 45 having taken them out of the Three Copies of Articles proposed to the then Bishop of Winchester See Fox p. 1234 1235. to be subscribed Now such Canons whether concerning matters of Doctrine or of Ecclesiastical Constitution cannot be lawfully abrogated neither by the King See Thesis 1 2.7 8 nor by the National Synods of this Church See Thesis 4.8 and therefore the Ejection of those Bishops in Edward the Sixth's days for not obeying the King I add or the National Synod had there been any such before their Ejection in breaking such Canons was unjust and therefore they justly by Queen Mary restored and the others that were found in their places justly dispossessed Fifthly As for the rest of King Edward's Bishops who besides those Bishops that possessed these non-vacant Sees were ejected in Queen Mary's days § 57 5. That the Bishops deprived in Qu. Mary's days were lawfully ejected their Ejection contrary to the other will be justifiable if done for a lawful Cause and by a lawful Judge 1. First then the Causes of their Ejection were these chiefly § 58 First For their being Married which many if not all the Ejected were Cranmer 1. Bâ—th as to the Cause Holgate the Arch-Bishop of York Coverdale Scory Barlow Hooper Farrar Harley Bird Bush and some of them after having taken Monastick Vows as Holgate Coverdale Barlow as appears in Fox and Godwin contrary to the Canons of the Church both Western and Eastern as to those that marry after having received Holy Orders both Modern and Ancient even before the Council of Nice as is shewed at large in the Discourse of Celibacy § 18 and contrary to the Provincial Canons of the Church of England See Fox p. 1051 and 177 granting Celibacy of the Clergy to have been established here for a Law by a National Synod in the time of Anselme Arch-Bishop of Canterbury about An. Dom. 1080 The Penalty of transgressing which Canons was Deposition from their Office See Conc. Constant in Trullo less strict in this matter than the Western Church Can. 6 Si quis post sui ordinationem conjugium contrahere ausus fuerit deponatur See the same in Concil Neocaesar before that of Nice Can. 1. Conc Elibert 33. c. Affrican Can. 37. And see the same in the Canon of Anselme that all Priests that keep Women shall be deprived of their Churches and all Ecclesiastical Benefices § 59 Secondly For their not acknowledging any Supremacy at all of the Roman Patriarch 2 more than of any other Forreign Bishop over the Clergy of England contrary to the former Canons of many lawful Superior Councils as is shewed in Church Gov. 1. Part. § 53. and also contrary to the former Provincial ones of the English Church And for their placing such an Ecclesiastical Supremacy in the Prince as to use all Jurisdiction to reform Heresy constitute or reverse Ecclesiastical Laws in the manner before expressed Which Supremacy in the Church since some body in each Prince's Dominion where Christians are ever had here on Earth under Christ I say ever not only after that Princes became Christian but before Arch-Bishop Cranmer rather than that he would acknowledge it at any time to have lain in the Church said that before the first Christian Emperors time it resided in the Heathen Princes
Thomas Dobb a Master of Art upon the same Account who also dyed in Prison Fox p. 1180. In Queen Elizabeth's days one Jo. Lewes and Matthew Hammond were burnt for Hereticks after they were first condemned by the Bishop and so delivered over to the Secular Power as those were in Queen Mary's Reign So also was Hacket executed then partly for Heresy and Blasphemy See Hollin Qu. Eliz. A. Reg. 21. 25. and Two Brownists Coppin and Thocker hanged at St. Edmunds-bury An. Dom. 1583 for Publishing Brown's Book written against the Common-Prayer-Book Likewise several others in her time condemned and recanting bare their Faggots See Stow p. 679 680. Stow p. 1174 Cambden 's Hist Eliz. p. 257. In King James's time Bartholomew Legat was burnt for an Heretick And in his time An. 3. Jac. 4. c. a Law was Enacted concerning Hanging Drawing and Quartering any who should turn Papist and be reconciled to the Pope and See of Rome tho a meer Laick tho one taking the Oath of Allegiance as several reconciled do The Words are If any shall be willingly reconciled to the Pope or See of Rome or shall promise Obedience to any such pretended Authority that every such Person or Persons shall be to all intents adjudged Traytors Is not this putting to death for pretended Heresy And to a Death worse than Burning So in Protestant States abroad Servetus by that of Geneva Valentinus Gentilis by that of Berne were burnt for Hereticks Calvin approving § 66 This to shew the Protestant's judgment concerning the justness and equity of the Law of burning Hereticks But whether this Law in it self be just and again if just whether it may justly be extended to all those simple People put to death in Queen Mary's days such as St. Austine calls Haereticis credentes because they had so much Obstinacy as not to recant those Errors for which they saw their former Teachers Sacrifice their Life especially when they were prejudiced by the most common contrary Doctrine and Practice in the precedent times of Edward the Sixth and had lived in such a condition of life as neither had means nor leisure nor capacity to examine the Church's Authority Councils or Fathers ordinarily such persons being only to be reduced as they were perverted by the contrary fashion and course of the times and by Example not by Argument either from reason or from authority and the same as I say of these Laity may perhaps also be said of some illiterate Clergy whether I say this Law may justly be extended to such and the highest suffering death be inflicted especially where the Delinquents so numerous rather than some lower Censures of Pecuniary Mulcts or Imprisonment these things I meddle not with nor would be thought at all in this place to justify Tho some amongst those unlearned Lay-people I confess to have been extreamly Arrogant and obstinate and zealous beyond knowledge and tho they had suffered for a good Cause yet suffering for it on no good or reasonable ground as neither themselves being any way Learned nor pretending the Authority of any Church nor relying on any present Teachers but on the certainty of their own private judgment interpreting Scripture as you may see if you have a mind in the Disputations of Anne Askew Fox p. 1125. Woodman the Iron-maker Fox p. 1800. Fortune the Smith Fox p. 1741. Allen the Miller Fox p. 1796. and other Mechanicks with Bishops and other Learned Men concerning the lawfulness of the Mass the Authority of the Church the Number of the Sacraments the manner or possibility of Christ's Presence in the Eucharist c themselves afterward penning or causing to be penned you may judge with what Integrity the Relations which we have of the said Disputations See more concerning the erroneous zeal of such like Persons in Fox Monuments later Edition Vol. 3. Fol. 242. 286. 396. 886. § 67 This concerning the lawful Ejection of those Protestant Bishops in the beginning of Queen Mary's Reign And therefore others lawfully introduced in their places To. γ. 1. which if lawful so also will be the introduction of those who were chosen in their rooms tho this Introduction was * 1. whilst they Living or * 2. without their or the Metropolitan's Consent 1. Tho whilst they Living if such Election of them be after that the other are justly ejected Of this none can doubt Now most of the Protestant Bishops were ejected at the very beginning of Queen Mary's days for being married tho some of them not so speedily sentenced for Heresy But suppose the Introduction of the other was whilst they living and before their lawful Ejection yet these Bishops that are so unjustly I grant introduced if after that the others are ejected then their Superiors having the power to elect into such place do acknowledge and approve them from thence forward begin to be legitimate and enjoy a good Title § 68 2. To δ. 2. Tho without their or the Metropolitan's Consent For if the Arch-Bishop without whose consent the Canon permitteth not any Bishop to be consecrated in his Province be upon just cause and especially upon suspicion of Heresy in any restraint so as he cannot safely be suffered either in respect of the Church or State any longer to execute his office till cleared of such guilt here his Office is rightly administred as in Sede vacante by some other whether it be by some Bishop of the Province his Ordinary Vice-gerent or Substitute in such Cases or by the Delegates of that Authority which in the Church is Superior to the Arch-Bishops or by the consent of the major part of the Bishops of such Province And so Arch-Bishop Cranmer being at Queen Mary's first Entrance accused 1. of being Married an Irregularity incurring Deposition and also confessed and 2. of Treason and 3. of Heresy and for the Second of these being by the Queen's Council immediately imprisoned and shortly after condemned to dye before the Consecration of any new Bishop his Office was now lawfully supplyed by another either by Cardinal Pool the Popes Legat or by the Bishop the next dignified Person after the Arch-Bishop in the Province or by whomsoever the Queen should depute as for any exceptions that the Arch-Bishop could make against it since he acknowledged her for the Supreme Head of the English Church Or if notwithstanding such his restraint or condemnation according to the Canon no new Bishop could be made without the Arch-Bishop's consent yet could Arch-Bishop Cranmer justly claim no such Authority from the Canon as indeed he never did 1. Because he held the abrogation of such Canons to be in the Power of the Prince as the Supreme Head of this Church at least when assisted with the Parliament and major part of the Clergy And so then was this arguing ad homines abrogated by Queen Mary appointing allowing these new Elections 2. Because he had consented to the Statutes made formerly 25. Hen. 8.20 c. and 1
then a Church under persecution until Moses was rais'd up by God a Lawful Magistrate over them The cases are alike for all the world No Magistrate did assemble them in Aegypt and good reason why they had none to do it But this was no barr but when Moses arose authoriz'd by God had the Trumpets by God deliver'd to him He might take them keep them use them for that end for which God gave them to assemble the Congregation Shall Moses have no more to do then Pharaoh or Constantine then Nero See also a Field of the Church l. 5. c. 52. Dr Field His Third Thesis is That the Secular Prince cannot b Soave Hist of Conc. Tr. Pag. 77. depose or eject from the exercise of their Office in his Dominions any of the Clergy nor introduce others into the place of the ejected But the Quaestion here is not Whether the Prince can eject any of the Clergy from the Exercise of their Office but Whether he can depose any for not Exercising it While the Clergy faithfully discharge their Office the Prince ought to protect them and if for this they suffer no doubt but they are Martyrs But it is possible they may abuse their power and then it is to be enquir'd Whether Civil Laws may not inhibit them the Vse of it This Author holds the Negative and tells us 1st They cannot eject them at pleasure without giving any cause thereof But he doth not pretend that the Reforming Princes ever ejected any without a Cause given And therefore he adds 2ly Neither may Princes depose them for any Cause which concerns things Spiritual but with this Limitation without the consent of the Clergy I could wish he had here told us what he ment by things Spiritual For things as well as Persons Spiritual are of great Extent d Pope Paul the 3d told the Duke of Mantua that it is the Opinion of the Doctors that Priest's Concubines are of Ecclsiastical Jurisdiction But he gives us his reason for his assertion Because it is necessary that a Judge to be a competent one have as well potestatem in causam as in Personam and the Prince as has been mention'd in the 1st Thesis has no Autority to judge such Causes purely Spiritual Now the power denied to the Prince in the 1st Thesis is to determine matters of Faith But may not the Prince judge whether an Ecclesiastick deserves Deprivation without determining a Matter of Faith May not he judge according to what has been already determin'd by the Church Or may not he appoint such Delegates as can determine matters of Faith Or are all the Causes for which a Clergy-man may be depriv'd merely Spiritual By Virtue of this Thesis he proves the Ejection of the Western Patriarch unlawful pag. 37. Now was not this Matter of Faith already determine by the Clergy Had they not unanimously decreed That he had no more Autority here then any other forreign Bishop And can the King be said here to have acted without the consent of the Clergy And yet that matter of fact is applied to this Thesis As for the Ejection of the Bishops in King Edward's time is not that confest to have been for not acknowledging the Regal Supremacy pag. 70. But this was a matter which wanted no new Determination for the Church-Autority had decided it in their Synod in King Henry's Reign But it is said the Judges were not Canonical as being the King's Commissioners part Clergy part Laity But neither was the cause purely Canonical for denying the Supremacy was not only an infringment of the Canon but also a Violation of an Act of Parliament As for the Bishops Bonner and Gardiner they were accus'd for not asserting the Civil power of the King in his Nonage Nor do they plead Conscience for not doing it but deny the Matter of Fact * Burn. His Ref. part 2. l. 1. p. 127. 165. The same Objections were then made against their Deprivation as are reassum'd by this Author now and therefore it may suffice to return the same answers That the Sentence being only of Deprivation from their Sees it was not so entirely of Ecclesiastical Censure but was of a mix'd nature so that Lay-men might joyn in it since they had taken Commissions from the King for their Bishopricks by which they held them only during the Kings pleasure they could not complain of their Deprivation which was done by the King's Autority Others who look'd farther back remembred that Constantine the Emp. had appointed Secular Men to enquire into some things objected to Bishops who were call'd Cognitores or Triers and such had examin'd the business of Coecilian Bishop of Carthage even upon an Appeal after it had been tried by several Synods and given Judgment against Donatus and his party The same Constantine had also by his Autority put Eustathius out of Antioch Athanasius out of Alexandria and Paul out of Constantinople and though the Orthodox Bishops complain'd of their particulars as done unjustly at the false suggestion of the Arrians yet they did not deny the Autority of the Emperors in such cases Ibid. p. 127. But neither is the Arch-Bishop of Canterbury by this Author allow'd to be a proper Judge that because He did not Act by his Canonical Superiority in the Church but by the Autority he joyntly with the rest receiv'd from the King As if he had ever the less the power of a Metropolitan because He was also the King's Commissioner By this way of arguing the Decrees of Oecumenical Councils will be invalid because they were call'd to determine Controversies by the command of Emperors But how Uncanonical soever King Edward's Bishops are said to have been He does not except against Queen Mary's Bishops tho' they in depriving the Reformed acted by Commission from the Queen As for the Bishops ejected in Q. Elizabeth's time it has been already said it was for a Civil cause i. e. refusing the Oath of Supremacy which why it should be lawful in her Father's time and unlawful in her's why it should be contriv'd by Roman Catholics in that Reign and scrupled by the same Roman Catholics in this Why it should be inoffensive when exprest in larger terms and scandalous when mitigated whence on a sudden the Refusers espied so much Obliquity in that Oath which they had all took before probably either as Bishops or Priests in the reigns of King Henry the 8th and Edward the 6th whence this change of things proceeded unless from secret intimations from Rome or their own Obstinacy will not easily be conjectur'd As for his Note that what is sayd of the other Clergy may be said likewise of the Patriarch for any Autority which he stands posses'd of by such Ecclesiastical Canons as cannot justly be pretended to do any wrong to the Civil Government He has been often told by our Authors that Patriarchs are an Humane Institution That as they were erected so they
The Act here descanted upon expir'd with King Henry and it will be time enough to consider it when it is reviv'd again If Prohibition of appeals to Rome and making the King the last Appellee be an Act of the Reformation § 33 it has been prov'd that King Henry the 2d and all his Bishops except Becket were Reformers § 34 Some Acts of Parliament are cited in the 34th Paragraph which were repeal'd by King Edward and yet make up part of that accumulative charge which is laid on the Reformation Even the Six Articles are urg'd which drain'd the blood of so many Reformers But the Protestants in justifying the King's Supremacy must allow their own Condemnation if teaching any thing contrary to the six Articles c. That is all those who own an Autority must justify the abuse of it They who obey the just Commands of their Prince must obey him when he commands what is unjust Father Walsh acknowledges I suppose the Pope's Supremacy but he thinks himself severely dealt with when he is censur'd for not being a Rebel Having quoted several Acts he comes to reflect upon them a little viz. for six Pages First he copes with Arch Bishop Bramhal but I should be unjust to that Prelate's memory if in so unequal an engagement I should think he wanted my Assistance What is said by the Bishop is not said only but demonstrated This Author has urg'd nothing against him but what he might have fetch'd from the Bishop's own Confutation of Serjeant The Question here discust has already been debated in the a p. 20. Animadversions and if the Reader desires to be farther satisfied I cannot more oblige him then by sending him to the Most Reverend and Learned Author He will find there a just and solid Vindication of a Noble Cause which suffers when it falls into weak management and is made part of an Occasional Pamphlet Having catechiz'd the Bishop he next canvaseth that Statute of much concernment that the King shall have power from time to time to Visit Repress and Reform all such Errors and Heresies as by any manner of Spiritual Autority lawfully may be Reform'd But this Act will be without the reach of our Author's cavils if it be observ'd That the Power by which the King Visits and Reforms is not Spiritual but Political That a Power is not given him to declare Errors but to repress them that the determination of Heresie is by Act of Parliament limited to the Autority of Scriptures 4 first General Councils and assent of the Clergy in their Convocation that the King hath not all the Power given him which by any manner of Spiritual Autority may be lawfully exercis'd for he has not the power of the Keys but a power given him to reform all Heresies by Civil Authority which the Church can do by her Spiritual That it is impossible it should be prov'd that this power of Visiting and Reforming is a necessary Invasion of the Office of Spiritual Pastors because when the Prince doth it by them commanding them to do the Work and exacting of them a discharge of their duty He doth this without Usurping their Office and yet doth it by a power distinct from and independent on their's And lastly that the Prince is oblig'd to take care that all Acts of reforming be executed by their proper Ministers because else he transgresses the Power prescrib'd in this Statute so to reform Errors as may be most to the pleasure of Almighty God The Application is obvious and will satisfie the Reader that our Author must part with a whole Paragraph if He will as he pretends §. 35. n. 4. remove the Mis-interpretation of this Act. § 36 The next Paragraph makes remarks upon a Proclamation and speech of King Henry's and some words of Cromwel which were very justifiable if it were either necessary that we must defend them or the Defence not obvious to every one who thinks His Conclusion of this Chapter amounts to no more then that Bishop Gardiner was too great a Courtier and Calvin too credulous § 37 One was gross in his sense of the Supremacy and the other zealous against it so misrepresented Which will then begin to be pertinent when it is prov'd that Gardiner was a Protestant and Calvin a son of the Church of England There is so little in this Chapter which affects the Reformation that it cannot be worth recapitulating A Reply to Chapter the 4th § 38 NOW he comes to the times of Edward the 6th Now then he first begins to remember the Title of his Book Here he finds all the Supremacy confirm'd to Edward the Sixth which was formerly conceded to Henry the 8th And yet the Reformers are accus'd of Innovation for continuing what they found establish'd by Roman-Catholics he complains of the Repeal of several Statutes made in confirmation of the Determinations of the Church § 39 But by the Church is meant the Church of Rome and it is no great Crime in a Reforming Prince that he did not think himself oblig'd to punish with Death all her Determinations These Statutes now repeal'd were reviv'd by Q. Mary and again repeal'd by Q. Elizabeth Which amounts to no more then that Q. Mary was a Roman-Catholic and Q. Elizabeth a Catholic Reformed Hence he infers by way of Corollary that the trial of Heresies and Hereticks by the Clergy according to the Determinations and Laws of Holy-Church was admitted or excluded here according as the Prince was Catholic or Reform'd This sentence carries two faces and is capable of two very different Constructions Either it may signifie that the Clergy were or were not the tryers of Heretics according as the Prince was Romanist or Reformed ‖ and then it is false Or that the Determinations of Holy Church You must understand the C. of Rome were or were not the Rule of such Trials according as the Prince was of the Roman or Reform'd Communion and then it is wonderfully impertinent § 40 This seeker goes on and finds it affirm'd in an Act of Parliament that All Jurisdiction Spiritual and Temporal is deriv'd from the King as Supreme Head of the Church and Realm of England But if he had pleas'd He might have found too that this Act is repeal'd and that therefore we are under no Obligation to defend it But if Jurisdiction be understood in the limited sense before explain'd this Act has no poison in it And so it will be understood by any one who consults the Context But this Act has been so largely and distinctly discuss'd by a Learned a Bishop Sanderson's Episcopacy not prejudicial to Regal power Casuist that a farther disquisition of it is needless The change of Election of Bishops by Conge d'eslire into Collation by Letters-Patents is a bad instance of the King's Supremacy for if such collation infers a Regal Supremacy those who have read that Bishopricks were originally Donative not Elective will be apt to conclude that the King
of it was allow'd to have no power in Causes Ecclesiastical Nor is the Clergy which here reverses repeals and ejects less liable to Exceptions For the first change was not of Religion but of the Pastors and the Reforming Bishops were ejected before the Reformation c See them reckon'd by this Author §. 53. Thirteen Prelates we find depriv'd to make room for a reversing Hierarchy and of d Bur. V. 2. p. 276. Sixteen-thousand Inferior Clergy-men as they were then computed 12000 turn'd out for committing the unpardonable Sin of Matrimony As for the Autority of the State i. e. the Parliament it was none we were told in the 2 former Reigns and sure it had no advantage in this if it be remembred how a Burn. V. 2. p. 252. Elections were manag'd and how predominant Spanish Gold was The 4 next Paragraphs give us an account of the Restitution of things made in Q. Mary's days § 49 50.51.52 which I allow and only desire the Reader to carry a long with him what has been hinted of the manner of it § 53 Paragraph the 53d questions whether this Clergy in Q. Mary's days were a lawfull Clergy §. 54. ad §. 65. And the succeeding pages endeavour their Vindication The Bishops ejected by Q. Mary he has numbred from Fox but least we should have too much truth together has took care to qualifie it with his Paratheses Fox mentioning Hooper ejected from Worcester it is added he might have said from Glocester too for Hooper in the latter end of Edward the 6th 's time held both these Sees together in Commendam Our Author might have spar'd this Observation from Sanders had he consulted the b Burn. V. 2. App. p. 396. Appendix to the History of the Reformation where this lie of Sanders is confuted Hooper was first made Bishop of Glocester which before King Henry the 8th 's time had been part of the Bishoprick of Worcester In King Edward's time these Sees were reunited so that Hooper had not two Bishopricks but one that had for some Years been divided into two He only enjoy'd the revenue of Glocester For Worcester Latimer for Non-conformity to the Six Articles had been ejected out of it or for fear resign'd it yet for what reason I know not could not in King Edward's time be restor'd to it This again is a transcript from the inexhaustible a Sand. p. 181. Sanders Latimer b Bur. V. 2. App. p. 385. 392. Hist V. 2. p. 95. was not ejected but freely resign'd his Bishoprick upon passing the Six Articles with which he could not comply with a good Conscience In King Edward's time the House of Commons interpos'd to repossess him but he refus'd to accept of any Preferment Taylor was remov'd from Lincoln by death not by the Queen as appears from Fox p. 1282. Q. Mary's c Bur. V. 2. Coll p 257. Commission for displacing the Bishops is extant amongst which Taylor is one Fox positively saith He was depriv'd He saith indeed in the place cited that he died but not that his Death was before his Deprivation Having given us this Catalogue of the ejected thus adulterated with his false mixtures he desires us in Vindication of the just Autority of Q. Mary's Clergy to take notice That the Ejection of Bishops in Q. Mary's days was not the First but Second Ejection the first being made in King Edward's time when Gardiner Bonner Tonstal Day Heath Vesy were remov'd from their Sees But here we have a Supernumerary put in to enhance the Catalogue Vesy d Godw. Catal. of Bishops was not depriv'd but did resign His Character in History is so scandalous that he ought to have been depriv'd and therefore it had been pardonable to have guess'd that he was but it was unlucky to assert it Probably he saith some others were remov'd from their Sees To which it may be enough to answer probably not I find not the Ecclesiastical History of those times accurately written by any An Accurate Writer in his Sense is one who favours his own Cause and is careful to insert a necessary Supplement of his own where the History wants it His admir'd Sanders is in this Sense accurate enough but not so accurate as our Author could have wish'd Nor Mr. Fox to use the same diligence in numbring the change of Clergy under King Edward as he doth that under Q. Mary As for the Bishops which are the Clergy here meant Fox mentions the Deprivation of all that were depriv'd and it is because He had not this Author's diligence that he named no more Something may be conjectur'd from those general words of his For the most part the Bishops were chang'd and the dumb Prelate compel'd to give place to others that would preach Mr. Fox was no great Master of Style nor rigorous in his Expressions from which our Author would make advantage But it is a sign his cause is desperate when he is forc'd thus to build upon empty conjectures The Deprivation of Bishops is not a matter of so little importance that our Historians should take no notice of it but amongst them all We find no more Depriv'd then have been mention'd Dr. Heylin and Dr. Burnet have been very exact in this particular but they have not arriv'd to our Author's diligence and accuracy He must therefore be content with the ejection of only 5 Bishops in King Edwardâ—s time which he promises us to prove not lawful and consequently the ejected justly restor'd and the introduc'd justly ejected in Q. Mary's time The ejection he proves not lawful Because 1st Not done by Lawful Autority 2ly Nor for a Lawful Cause § 55 1st Not done by lawful Autority Because the Bishops being tried for Matters Ecclesiastical their Judges were the King's Commissioners But neither is it true at least not prov'd that they were tried for Matters Ecclesiastical Nor is it true that the King's Commissioners amongst whom was the Metropolitan were not proper Judges in such Causes as has been prov'd by the Animadverter Nor can the Autority of such Commissioners tho' unlawful be declin'd by this Writer who presently will prove the Bishops in Q. Mary's time ejected by lawful Judges Who yet were no other then that Queen's Commissioners So that there is in this one Period such a complication of falshood as nothing can match but what follows concerning the Causes of their Deprivation The Causes he supposeth to be all the Articles of Popery as distinct to the Religion Reform'd Their not owning the King's Supremacy Non-conformity to his Injunctions Not-relinquishing the Use of former Church-Liturgies Not conforming to the New-Service and other Innovations He supposes he has by this time confirm'd his Autority with the Reader so far that he will credit his bare assertion without vouching any History But it is impossible He could have falsified so grosly had not an implicite Faith in Sanders given him over to a Spirit of delusion Tonstal
he discovered the King's Affections settled on Anne Bullen one inclined to Lutheranisme See Fox p. 988. 1036. he proves averse now to what he had formerly advanced and delays the decision of the Divorce so long till at last the Pope moved thereto by the Emperor Nephew to Queen Katherine did upon her appeal revoke the cause to Rome and inhibited the Legats Proceedings 'T is said also that some others of the chief of the English Clergy See Fox p. 96. and 962. Edit 1610. whether it were conscientiously or out of the same dis-affection of their's to Anne Bullen I cannot tell much disliked the same Divorce § 18 The King for this much displeased with both Cardinal and Clergy first accuseth the Cardinal to have incurred a Premunire for having exercised his Legantine Office in his Dominions without the Kings Licence contrary to a Statute made in the days of King Richard the Second Yet had the King formerly been pleased to appear before him in Court as the Popes Legate and his delegated Judge together with Campegius in the Cause of the Kings Divorce Upon this he is condemned See Godw. Annal. An. Reg. Henr. 21. and all his Estate seized on by the King Tho the Cardinal pleaded That it was well known to his Majesty that he would not presume to execute his power Legantine before the King had been pleased to ratify it with his Royal Assent given under his Seal which notwithstanding he could not produce that and all his Goods being taken from him See Godwin's Annals p. 107. who also p. 119. saith See Godw. Annal. p. 107 and p. 119. that it was certain that Wolsey was Licensed to exercise his Authority Legantine § 19 After this fall of Wolsey Next a Bill was given up in the Parliament held 1530. and the Summe demanded from the Clergy as conspiring with the Cardinal of an 100000 l. Charges that the King had been put to to obtain so many Instruments from Forreign Universities which had decided this matter From which Universities the King is said to have procured their Suffrages for his Divorce not without seeing several of them with great Summs of Money Concerning which see the Testimonies of several Authors produced by Sanders p. 49. c. Some of those he quotes saying that they had Money offered to themselves some that they were Eye-witnesses of it received by others Tho with your leave to make here a little digression touching this Controversy these Universities at least some of them considered only the point of the unlawfulness of one marrying his Brothers Wife when such former Marriage was consummate by carnal knowing of her See the Determinations of Paris and others in Hollinsh p. 924. putting in the Clause so that the Marriage be consummate Without considering that circumstance whether Katherine was carnally known by her first Husband which was denied by the Queen and her Advocates Prince Arthur being thought somewhat infirm and being but Fifteen years old when he Married her and dying shortly after You may see if you have the curiosity what is said for the consummation of that Marriage in Fox Mon. p. 958. Edit 1610. against it in Sanders de Schism Ang l. 1. l. p. 40. Yet tho the former Marriage had been consummate many Learned Men of that Age of several Nations amongst whom were Fisher Bishop of Rochester and Tonstall Bishop of Duresme whom you may find diligently reckoned up to the number of almost Twenty by Sanders de Schism Angli 1. l. p. 42. 53 54. writ Books in Justification that the Marriage of Henry with Katherine was a matter dispensable For tho this was agreed on all sides That Papa non habet potestatem dispensandi in impediment is jure divino naturali conjugium dirimentibus sed in iis quae jure Canonico tantum dirimunt Yet some of these Authors held first that all the Impediments named in the Mosaical Law were not dirimentia conjugium jure divino naturali which only now oblige Christians and then secondly that in matter of Affinity only primus gradus rectae lineae as between Father and his Sons Wife and not primus gradus lineae collateralis or transversae as between the Brother and his Brothers Wife was such an Impediment as did dirimere conjugium jure divino naturali and indispensably Others gathered the Law in Levit. 18.16 dispensable in some cases from the express dispensation made therein Deut. 25.5 Now the preservation of Peace between the two Kingdomes of England and Spain is a motive for such dispensation much more considerable than that mentioned in Deut. the preservation of the name and honor of the deceased See Card. Cajetan de Conjug Reg. Angl. 6. c. And for the general judgment of the Learned in this matter and particularly of the Universities after you have read the Story in Sanders p. 49 50 51. concerning them and especially concerning Oxford as likewise what is said by Lord Herbert Hist Hen. 8. p. 324 325. See what the Act of Parliament 1. Mar. 1. c. saith of them viz. That this Marriage betwixt Henry and Katherine was solemnized by the deliberate and mature consideration and consent of the best and most notable men in Learning in those days of Christendome That the perverse affections of some a very few persons for their own singular glory and vain reputation pretended the same Marriage to be against the word of God and to this intent caused the Seals as well of certain Universities in Italy and France to be gotten as it were for a testimony by the corruption with Money of a few light persons Scholars of the said Universities as also the Seals of the Universities of this Realm to be obtained by sinister working secret threatnings c. And that Arch-Bishop Cranmer in giving Sentence that the said Matrimony was unlawful took his Foundation partly upon his own unadvised judgment of the Scripture joyning therewith the pretended testimonies of the said Universities and partly upon bare and most untrue conjectures i. e concerning the consummation of the former Marriage of Katherine with Arthur And see what Lord Hâ—rbert delivers of the hesitancy of the German Protestant Divines being several times and that long after the Divorce made requested thereto by King Henry to declare the Divorce lawful p. 448. and 379. where he saith That for the Approbation of the Divorce proposed to the German Divines Luther Justus Jonas Philip Melancthon and others they delayed to approve it and the King was judiciously advised by his Agents from thence not to require any thing of them which would be too hard to grant I have made this Digression to shew you the diversity of opinions which was in this difficult matter that you may see the Pope stood not alone in his judgment and how the several interests of several times justified and condemned the same thing Now to return to our matter in hand § 19 The foresaid Summe of 100000 l. spent
pro suâ pietate efficere dignentur ut ea quae ad jurisdictionem nostram libertatem Ecclesiasticam pertinent sine quibus debitum nostri pastoralis officii curae animarum nobis commissae exercere non possumus nobis superiorum temporum injuriâ ablata restituantur ea nobis Ecclesiae perpetuò illaesa salva permaneant ut omnes leges quae hanc nostram jurisdictionem libertatem Ecclesiasticam tollunt seu quovis modo impediunt abrogentur ad honorem Dei c. Which Rights how welcome they were to them when now regained in Queen Mary's days we may guess from their former complaint in the beginning of King Edward's days where we see how much they grieved when they saw them lost Sanders 2. l. p. 244. adds also that at this time Singuli Episcopi uno tantum Landaffensi excepto peculiariter petierunt à sede Apostolicâ veniam prioris gravissimae culpae See before §. 47. confirmationem in suo cujusque Episcopatu Lastly in the same Statute it is concluded That the Ecclesiastical Jurisdictions of the Arch-Bishops Bishops and Ordinaries should be in the same State for process of Suits punishments of Errors and execution of Censures of the Church with knowledge of Causes belonging to the same and as large in these Points as the said Jurisdiction was in the Twentieth Year of Henry the Eighth § 51 After these Statutes see to the same purpose the Synod held presently after the Coronation of Queen Mary Aâ—d the Church Doctrine under King Edward condemned before the introduction of any new Bishops save only some of those that were ejected in King Edward's Reign In which Synod the Bishop of London presided the Arch-Bishop of Canterbury having been about a Month before by the Council committed to the Tower for Treason for which he was some Two Months after condemned but afterward pardoned by the Queen In this Synod Fox saith p. 1282. that the whole House of Convocation Fox p. 1698. except Six persons did immediately assent and subscribe to the natural presence of Christ in the Sacrament of the Altar and Transubstantiation and to the renouncing of the Catechisme put forth in the latter time of King Edward in the name of the Clergy and of the new Book of Common-Prayer these things being proposed to them by the Prolocutor At which time saith he Mr. Philpot Arch-Deacon of Winchester was as it were astonied at the multitude of so many Learned Men as there were on purpose gathered together to maintain old Traditions rather than the Truth of Gods Holy Word After this Synod see in Fox p. 1294. §. 52. n 1. the Eighteen Articles sent by the Queen to the Bishops but these Articles such as only enjoyned them the observance of former Church Constitutions from which the late Innovations had disobediently deviated commanding them to see to the Observance in their Diocesses of the Church Canons used in the time of Henry the Eighth securing them herein from the incurring any danger from the Laws of the Realm see the 1. Act. The Second of which Articles requires them to omit in their Writs Regiâ authoritate fulcitus The Third not to require the Oath of the Queens Supremacy in their admission of any into Church Preferments The Fourth excludes Sacramentaries from all Ecclesiastical Functions the Synod held in October before having declared against them The Seventh excludes according to the former Church Canons all married Persons from Ecclesiastical Promotions The Ninth appointeth the Divorce of married Monks and other Religious Persons who had formerly taken the perpetual Vow of Continency and the rest are to renew some or other former order of the Church Lastly see the Retractation made by the Clergy in Queen Mary's days confessed by Mason de Minist §. 52. n. 2. 3. l. 4. c. Regnante Mariâ alia Episcopis mens alius animus fuit i e. concerning Supremacy To which all that he answers is this Eorum subsecuta inconstantia confessionis prioris soliditatem abolere non potuit Quamvis sententias revocarunt suis tamen ipsorum argumentis non satisfecerunt But however that he will not grant the Kings Supremacy I mean in such a sense as it was then maintained to have been confuted by the Bishops reasoning yet he grants it to have been revoked so much as in them lay by their Authority § 53 The only thing which can here be questioned is whether this Clergy in Queen Mary's days That Queen Mary's Clergy was a lawful Clergy who in their following Synods abrogated the Acts and Concessions of the Clergy's former Synods in Henry the Eighth and Edward the Sixth's days were a lawful Clergy Which if they be now note that they will also be so in the beginning of Queen Elizabeth's days when also they opposed her Reformation Now it is questioned whether they were a lawful Clergy α α because many of King Edward's Bishops were in the beginning of this Queenâ—s Reign ejected β β and some also burnt for Hereticks and others put into their places γ γ whilst some of them were living and so those Sees not vacant δ and δ that without the consent of the Metropolitan who for the three first Years of Queen Mary was Cranmer without which Metropolitan's consent the Ordination of any Bishop in his Province was unlawful See Can. Nicen. 4. Can. Apostol 35. Now these Bishops are numbred by Fox to have been then ejected Pag. 1289. Cranmer from Canterbury Holgate from York Ridley from London Poynet from Winchester Hooper from Worcester he might have said from Glocester too for Hooper in the latter end of Edward the Sixth's time held both these Sees together in Commendam and for Worcester See Godw. Annal. An. Dom. 1555. Latimer then living had been Bishop thereof in King Henry 's days out of which for Non-conformity to the Six Articles he was ejected or for fear resigned it and was imprisoned in the Tower till King Edward 's time yet for what reason I know not could never then be restored to his Bishoprick Barlow from Bathe Harley from Hereford Taylor from Lincoln but this was by death not by the Queen as appears in Fox p. 1282. Ferrars from St. Davids Coverdale from Excester Scory from Chichester Besides these I find two more mentioned by Mason de Minist p. 248. Bush from Bristol and Bird from Chester Of which Bishops Mr. Fox saith p. 1280 Five were put out that the former Possessors of those Bishopricks might be restored Bonner to London Gardiner to Winchester Day to Chichester Heath to Worcester but Heath was afterward translated to York in Holgates room and Pate to Worcester in Hoopers room Vesy to Excester Besides which Tonstal was restored to Durham a Bishoprick which after Tonstal's Imprisonment was first kept void in King Edward's days and at last by Act of Parliament dissolved to increase the Kings Revenue § 54 Now in Vindication of the
§ 70. And see the Reason given by Dr. Heylin why Parliaments which in former Ages abstained from them in this Age of Henry the Eighth began to intermeddle in stating of matters of Religion namely this reason A new Supream in Ecclesiastical Affairs then set up Engl. Reform Justified p. 41. Where he first relateth out of Walsingham how long since Wickleff having many Doctrines strange and new which he desired to establish in the Church of England and seeing he could not authorize them in a regular way addressed his Petition to the Parliament laying this down for a Position That the Parliament might lawfully examine and reform the Disorders and Corruptions of the Church and upon a discovery of the Errors and Corruptions of it devest her of all Tithes and Temporal Endowments till she were reformed But neither his Petition nor Position saith he found any welcome in that Parliament and then he goeth on thus To say truth as long as the Clergy were in Power and had Authority in Convocation to do what they would in matters which concerned Religion those of the Parliament conceived it neither safe nor fitting to intermeddle in such business as concerned the Clergy for sear of being questioned for it at the Church's Barr the Church being then conceived to have the just Supremacy herein But when that Power was lessened tho it were not lost by the Submission of the Clergy to King Henry the Eighth and by the Act of the Kings Supremacy in matters of Religion which ensued upon it then did the Parliament begin to intrench upon the Church's Rights to offer at and entertain such businesses as formerly were held peculiar to the Clergy only next to dispute their Charters and reverse their Priviledges and finally to impose many hard Laws upon them Thus he Which Example of the Parliaments meddling with Opinions and stating of Heresy thus begun under Henry the Eighth's Church Supremacy hath made some Parliaments since also so active with the assistance of some Persons selected by them out of the Clergy of the same Inclinations in altering modelling establishing an Orthodox Religion and hath emboldened Mr. Prinn see Heylin p. 27. to affirm it an ancient genuine just and lawful Prerogation thereof to establish true Religion in this Church by which establishing if Mr. Prin means not judging of Truth and Error in matter of Religion but only requiring Obedience to the Judgment of the Church this is willingly granted to be an establishing duly belonging to that Supream Court. § 83 I have dwelt the longer on the Instances foremen tioned Where Codeer the complaâ—â—ts made by Pâ—testaats of his abuse of the Suprenacy that you may see when a Prince together with his particular Clergy or rather whom out of them he shall choose without these being linked in a due subordination to the whole claimeth such a power of composing Models of Christian Faith and declaring all those his Subjects Hereticks who do not believe and obey such his Determinations what danger what mutability Christian Religion incurrs in such a Nation as often as this Supreme and Independent Head is not every way Orthodox And so it happened in the Acts of this new-sprung Supremacy of Henry that those who much pleased themselves in it whilst it run the course they would have it in abating the former Power of the Clergy in throwing down Monasteries Religious Vows Relicks Images c yet afterward lamented it as much when necessity of the Kings compliance with Forreign Princes and the influence of new evil Counsellors saith Fox p. 1036. made the same Supremacy produce a contrary sort of Fruit which they could not so easily digest I mean the Six Articles here also pronouncing Heresy to the Opposers and punishing the same with Fire and Faggot and the Prohibition and suppression of many Godly Books as Mr. Fox calls them but full of Errors and Heresies as the Supream Head of this Church and also as Arch-Bishop Cranmer whose Declaration against them see in Fox p. 1136. then judged them some of the Contents of which Godly Books as they were then collected by Cranmer and other Prelates you may see in Fox ibid. and the Prohibiting all Women Artificers Husbandmen c from reading the Scriptures of which more anon § 84 Which Supremacy so ill used as he thought forced from Mr. Fox that sad complaint both in particular concerning the Kings imposing of the Six Articles p. 1037. That altho they contained manifest Errors Heresies and Absurdities against all Scripture and Learning whereby we may see how these Supream Heads also may deviate from the truth and how dangerous it is to commit the Reformation of all Errors and Heresies into their hands who by this Power instead thereof may enjoyn Errors and Heresies and that even against all Scripture and Learning as Henry the Eighth tho a Scholar is here supposed to have done and that even to pronouncing those Hereticks that do not submit to such Heresy he goes on Yet such was he miserable Adversity of that time and of the Power of Darkness yet King Henry said the times were full of Light that the simple Cause of Truth was utterly forsaken of all friends For every man seeing the Kings mind who was now the Legislator in Spirituals so fully addicted upon politick respects to have these Articles to pass forward few or none in that Parliament would appear who either could perceive that which was to be defended or durst defend that they understood to be true And also in general concerning that Kings managing his Supremacy p. 1036. from which Posterity might have learnt some wisdome To many saith he who be yet alive and can testify these things it is not unknown How variable the State of Religion stood in these days How hardly and with what difficulty it came forth what chances and changes it suffered even as the King was ruled and gave ear sometimes to one sometimes to another so one while it went forward at another Season as much backward again and sometime clean altered and changed for a Season according as they could prevail who were about the King So long as Queen Anne lived the Gospel had indifferent Success Here then the Supream Head of the Church was directed by a Woman and managed the Affairs of Religion accordingly After that she by sinister Instigation of some about the King was made away the course of the Gospel began again to decline but that the Lord stirred op the Lord Cromwel opportunely to help in that behalf who did much avail for the increase of Gods true Religion Here then the Supream Head of the Church was directed by a Laick and managed Religion accordingly and much more had he brought to perfection if the pestilent Adversaries maligning the prosperous Glory of the Gospel had not supplanted his vertuous Proceedings Mr. Fox names not Cranmer amongst these Worthies because he was an Agent in many of those Proceedings of Henry the Eighth which
we will say that the English only are in such faults incurable Neither can it be pleaded That such Lands are given to pious uses with such a tacit condition That when abused they may be recalled so long as these abuses are some other way remediable for else what thing is there dedicated to Gods Service which some Possessors do not at some time abuse But if it be said that the abuse and fault lies chiefly in the very Institution and Laws themselves of such Foundations Yet are these Laws also capable of being rectified and reformed so as God may be holily served in such a Monastick life as the Protestants themselves say he was in the Primitive times But if the Monastick Laws here were so corrupt how come the very same Laws abroad not to produce the same fruit in Nations said to be more inclined to such Vices How come those Houses there to this day to be not only tolerated but reverenced Or how happened under the same Laws here but three or four Years before in the great Monasteries Religion Thanks be to God to be right well kept and observed Stat. 27. Hen. 8.28 c. But suppose the King had questioned the lawfulness of these Institutions yet was he no competent Judge thereof it being a Theological Controversy and decided on the other side by the lawful judge thereof in several Superior Councils as is shewed in Discourse of Celibacy But indeed that which leaves the King the more destitute of any Apology in this kind is that whereas the chief fault charged upon these cloistered People was Incontinency the King whilst he took away these Orders did justify this Vow at least of perpetual Chastity to be a Vow lawful and by every one observable as you may see in the fourth of the six Famous Articles and still did prohibit all such Persons as had taken this Vow when in Monasteries from marrying afterward when they were ejected condemning the Transgressors hereof to suffer death The Words of that fourth Article are these That the Vows of Chastity or Widow-hood by man or woman made to God advisedly i. e. as I suppose deliberately or if you will with the approbation of our Spiritual Father ought to be observed by the Law of God and that it exempteth them from other liberties of Christian People which without that Vow they might enjoy The Penalty of which Article was That if any after a Vow advisedly made did marry in so doing he should be adjudged as a Felon and lose both Life and forfeit Goods without any benefit of Clergy See Fox p. 1037. Now if any can make this Vow advisedly I see not how we can say that the Monks do not so unless you will say That any Breach of a Vow argues it not to have been formerly made with advice but then why are these Religious expresly restrained afterward from Marrying Stat. 31. Hen. 8.6 c. where also advisedly seems to be interpreted the vowing after One and Twenty Years old uncompelled As for the falsification of Miracles to discover and publish the Cheat is sufficient to cure the present Fault and to prevent the like and when the Images were taken away the Houses needed not to be pulled down § 96 And as unexcusable seems the King to be in taking away Chaunteries c given for the relief of the faithful deceased with some Imperfections by the Sacrifice of the Eucharist and annual Alms and Prayers offered to God for them whilst he allowed a benefit in these things and himself left the like Pensions and ordered that the same things of which he had deprived others deceased should be done for himself when deceased as you may see at large in his Will transcribed by Mr. Fuller And therefore whereas Edward the Sixth had these things given him again by Parliament because Henry the Eighth dyed not long after the Donation upon this reason because the Opinions of Purgatory and Masses satisfactory to be done for them that be departed were vain and superstitious Stat. 1. Edw. 6.14 c. Yet so it was that other causes and other grievances than these were glad to be invented to make way for King Henry to lay hands on them Stat. 37. Hen. 8.4 c. § 97 Fourthly 4. If it be said that the Religious themselv voluntarily resigned these Possessions into the King's hands See Stat. 31. Hen. 8.13 c. Yet was this Act of their's supposed never so free from Compulsion invalid because they could not give away for ever what they had Title to only for term of Life neither yet could they alienate them for their lives from that use to which they were dedicated without committing Sacriledge § 98 Fifthly Lastly That which is said 5. of an excessive number of them in this Nation if it be a just Apology for taking away some the Supernumerary yet will it be none for taking away all the rest And that which follows concerning their averseness to the King's Reformations is granted and shews indeed that the demolishing of them was to good purpose for attaining the Kings ends but it shews not that the demolishing therefore of them is lawful unless first such ends be justifiable and secondly cannot otherwise be compassed And thus much of the Kings destroying Monasteries § 99 By vertue of such a Supremacy by which he was conceived to have Power to dispense with any In the dispeasing with the former Church Canous conMarriages Fasts Holy-days c. if only humane tho Ecclesiastical Constitution See Stat. 25. Hen. 8.21 recited before § 27. He made Orders and gave Dispensations in matters of Marriage against the former Ecclesiastical Canons See Stat. 32. Hen. 8.38 c. where it is said By this Act we i. e. the King and Parliament do declare all persons to be lawful that be not prohibited by Gods Law to marry Of which Licence saith Fuller Chur. Hist 5. l. p. 236. the King himself had the first fruits in marrying Katherine Howard Cosen-German to Anne Bullen his second Wife And you may find in the Preface of the same Act this urged also as a motive of casting off the Pope's usurped Power in such matters That King Henry was otherwise by Learning taught than his Predecessors in times past long time have been For King Henry was designed by his Father for a Church-man and during the life of his Elder Brother was educated in Learning and not unstudied in School Divinity Lord Herbert's Hist p. 2. Therefore in the first Articles of Religion which he put forth 1536 which were devised by the King himself and so recommended to the Convocation house by Cromwel part of which House saith Lord Herb. p. 405 leaned to the Lutheran Doctrine and Rites he took pains to peruse and moderate their Arguments on either side adding Animadversions with his own hand as may be seen in the Records And in the second Articles of Religion called a Necessary Doctrine for all sorts of People published 1543. he carefully perused them saith
Antiquit-Brittan p. 339. And you see by the Testimonies forecited how many suffered for opposing the Kings Injunctions and particularly this new Form of Common-Prayer and how many more of the old Clergy are said to have opposed them in every place where they might hope for impunity insomuch as that this Book in many places was not so much as heard of and how a major part even of the Bishops are by Protestants confessed in their conformity only to have used an ontward compliance and dissimulation Lastly 3. From what they so many as remained of them did immediately after King Edward s time so soon as this Yoke of fear was removed in the entrance of Queen Mary at which time they threw-off their former vizards and plainly renounced not only the rest of the Reformation the fruit but also the Regal Supremacy i. e quoad talia the root Nor could fear when the Sovereign power rechanged ever make them taught by long experience to take up again their former disguise amongst whom the major part of those seven Bishops chosen to compose the new Common-Prayer-Book who survived to Queen Mary's days namely Day Thirlby and Goodrich Skyp Bishop of Hereford and Holbeck Bishop of Lincolne being dead before deserted this new Form and returned again to the Mass And it is probable that some of those Bishops who by Queen Mary were ejected for Marriage some of them even after a Monastick profession conformed themselves likewise to the old Religion because tho they lived here at home in so inquisitive and severe times we find not that they were restrained or proceeded against as Hereticks Such were Holgate Bird Bush c. § 128 Now since such were the inclinations of all or most of King Edward's first Clergy and to be swayed only from the profession thereof by fear no marvel if his Council went about reforming at the first by vertue of the new Supremacy before the calling of any Synod save that wherein Arch-Bishop Cranmer was frustrated of his intentions And Dr. Fern Exam. Champ. 2. c. § 8. makes this Apology for such proceeding That Reformation of Gods worship may be warrantably done without a foregoing Synodical vote where there is just and apparent cause of fearing more danger from the persons which are to be convocated and the times wherein they are to assemble To which purpose saith he sounds that known complaint of Nazianzen That he saw no good end of Councils spoken by reason of the prevailing faction of the Arrians in his time We cannot say the Sovereign Prince is bound in the way of prudence always to receive his directions from a vote in a Synod especially where there is just cause of fear I suppose that he means Fear that the Synod will go contrary to what the Prince thinks to be right but he may have greater reason to ask advice from persons free from the exceptions of factious interests to which the most of them that should meet are apparently obnoxious And saith he how far this was considerable in the beginning of King Edward's Reign i. e till the King had otherwise moulded the Members of the Synod or whether such fear made them forbear to put it at first to a Synodical Vote I cannot say Thus Dr. Fern. § 129 And much-what in the same manner doth Dr. Heylin Eccles Vindic. 2. Par. 5. § p. 82. discourse of King Edward's Reformation to shew you that our modern Writers are not without some apprehension of the neglect of the Church authority in it Which reviving saith he of the ancient Forms of Gods worship rather than the introduction of a new as the King Edward did here in England by his own authority the body of the Clergy not consulted in it so possibly there might be good reason why those who had the conduct of the Kings Affairs thought it not safe to put the managing of the business to a Convocation and then having shewed that such change of Religion would be both against the reputation and profit of the Clergy he goes on So that as well in point of reputation as of profit besides the love which many of them had to their former Mumpsimus it was most probable that such an hard piece of Reformation would not easily down had it been put into the power of a Convocation especially under a Prince in nonage and a State unsettled Thus he As for that which afterward he saith That this was passed by the Bishops when it passed in Parliament the Bishops making the most considerable van of the House of Peers It is answered by what hath been said before § 11. n. 2. And what he saith That all was confirmed by the Clergy on the Post-fact in the Convocation of 1552 sall be answered by and by See likewise what the same Dr. saith on the same subject in 1. Par. 6. § p. 36 where after doubting whether several particulars of King Edward's Reformation were done of the Kings meer motion or by advice of his Council or by Consultation With his Bishops For saith he there is little left upon record of the Convocation of that time more than the Articles of the year 1552 He speaks also of Queen Elizabeth's Reformation done after the same sort Thus also saith he in Queen Elizabeth's time before the new Bishops were well setled and the Queen assured of the affection of her Clergy she went that way to work in the Reformation which her two Predecessors Henry and Edward had done before her in the well ordering of the Church she published her Injunctions c. But when the times were better setled and the first difficulties of her Reign passed over she left Church-work to the disposing of Church-men who by their place and calling were most proper for it and they being met in Convocation did make Canons c. And thus if a Prince according to the Sect which himself and his Council favours may take the liberty with coactive power to reform at the first against his Clergy he within a short time no doubt may securely leave the Church-work to Church-men as the Dr. saith and justify his Reformation by his Clergy that is either changed first or terrified § 130 To χ. To χ. These two I grant differ little 1 The Clergy's first motioning to the King 2. or The King 's first motioning to the Clergy a Reformation of something in Doctrine or Manners so that the Clergy uncompelled or forced by the King establish it before it be enjoyned or imposed on any to be observed But this following differs from the former toto coelo viz. When the King directed by some particular Bishops whom he thinks good to advise with proposeth to the Clergy a Reformation in Doctrine not to be consulted on by them and their judgment to be exhibited to him upon the assent or denyal of a major part of whom as having in these things the legislative power such Reformation may be established or laid aside but to be obeyed and
and form save that he shall bless and consecrate the biggest Chalice or some fair and convenient Cup or Cups full of Wine with some water put unto it and that day not drink it up all himself but taking one only sup or draught leave the rest upon the Altar covered and thus exhort the people Dearly beloved c. Thus the Rubrick And this Form as Mr. Fox goes on exhabited unto the King was by his Majesty's Council particularly sent to every Bishop of the Realm requiring and commanding them by their Letters on the Kings Majesty's behalf that they should forthwith have diligent respect to the due execution thereof c. In which Letter the motive urged by the Council why this new Form was drawn up and imposed is That the Statute of the former Parliament ordering that the Sacrament should be distributed unto the people in both kinds might be well executed in such sort as is agreeable with the word of God as if for the distribution of the Sacrament in both kinds there was any need of altering or superadding any thing to the Mass when as with that same Form of the Mass it was in the publick Communions for many Centuries only so distributed and when as that same Form of the Mass is urged by Protestants as contrary to communicating the people only in one kind but the true cause of altering it I shall shew you by and by Now this new Form was thus imposed by the King and his Council before allowed by any Synod of the Clergy or Act of Parliament which were procured afterward in the second Parliament of King Edward Meanwhile such alterations in King Edward's time about the Doctrine and the Administration of this Sacrament as they were uncanonical so they were in this respect also very hurtful in that they occasioned in the ignorant especially much profaneness and irreverence toward the Blessed Sacrament in those days as you may partly also gather from an Act 1. Edw. 6.1 c. made against such irreverent speaking against it For whereas the Sacrament was according to ancient custome delivered to each Communicant in a small round Wafer hence they gave it the name of Round-Robin And because the parts thereof that were reserved to be carried to the sick were hanged up over the Altar in a Pix or Box they named it Jack in a Box and instead of the Sacrament of the Altar called it the Sacrament of the Halter See Heylin's Hist of Reform 49.63 Such profaneness followed the remedy of what they called Superstition § 145 Secondly 2. Of Ordination See 3 4. Edw. 6.10 c. Having likewise condemned amongst other superstitious Books the former Church-form of Ordination and Consecration of Bishops and Priests the King caused a new Form to be prescribed upon this pretence in the Act of Parliament That so concord and unity might be had within his Majesty's dominions in these Ordinations But could not this have been done without innovation by strictly confining all to the use of the former Church form or if these were various to some one of them Stat. 3 4. Edw. 6.12 c. Now for the compiling of this new Form the Parliament orders That such as by fix Prelates See before §. 42. and six others to be appointed by the King or by the major part of them should be devised for that purpose and set forth under the great Seal should by vertue of their Act without obtaining or requiring any ratification thereof from any Synod be lawfully used and none other any law or prescription to the contrary thereof notwithstanding In which new Form amongst other things which were in the former now cast out this is one to the great contradiction of all Antiquity The Bishops conferring on the ordained Presbyters potestatem offerendi sacrificium propriè dictum verè propitiatorium see in what sense understood and explained by the Church in Discourse of the Eucharist § 251. c Deo Missasque celcbrandi tam pro vivis quam pro defunctis Quod omnem superat impietatem saith Mason de Minist p. 242. 17. c. And this is another The Oath of Submission of the Ordained or Consecrated to the Supremacy of the Patriarch instead of which is prescribed another Oath to the Supremacy of the Temporal Prince From which Regal Supremacy also we find Cranmer after fifteen years governing the Province of Canterbury receiving at the coming in of a new Sovereign a new Licence of ordaining Bishops and Priests therein durante Beneplacito Regis The Form as Sanders p. 170. hath set it down runs thus Quandoquidem omnis jurisdicendi authoritas atque etiam jurisdictio omnimoda tam illa quae ecclesiastica dicitur quam seecularis a Regia petestate velut a supremo capite manta c. Ad ordinandum igitur quoscunque intra Diaecesim tuam Cantuariensem ad omnes etiam sacros Presbyteratus ordines promovendum per praesentes ad nostrum beneplacitum duraturos tibi damus potestatem And some such thing is intimated by Mr. Prin unbishoping of Timothy p. 80. I must inform our Bishops saith he for their Learning that all the Bishops in King Edward the Sixth's time had special clauses in their Letters Patents authorizing them to ordain Ministers and Deacons as Bishop Poynet's Scory's Coverdale's Patents 5. Edw. 6. pars 1. testify at large and there is no wonder in this if you recall to mind Arch-Bishop Cranmer's Answers to the Queries made concerning these matters recited before § 105. n. 3. Which Patents if they imply such a Supremacy Ecclesiastical in the Prince as that he may if he please prohibit any Ecclesiastical person at all from ordaining Ministers in his dominions are contrary to the first Thesis above § 2. But yet this new Ordinal was not so well purified from former Superstitions See in Fox p. 1366. the Kings and Earl of War wick's Letters but that some who were presented to Bishopricks were stumbled therewith and the Kings dispensation was obtained in order to the consecrating of Bishop Hooper for his not observing of some things therein and particularly for his not taking the new Oath either that of obedience to the Arch-Bishop or that of the Kings Supremacy which perhaps he lately seasoned abroad with Calvin's Doctrine See before §. 37 could not so easily digest § 146 Thirdly 3◠of Common Prayer Not long after the production of the new Form in administring the Communion in the second year of his Reign he caused it to be reviewed and also then to be drawn up a new Form of Common Prayer for Mattins and Evensong and the Administration of the other Sacraments of the Church if I may use the phrase of the Act 2. Edw. 6.1 c. which Form composed by seven Bishops and seven other learned men of the Clergy chosen by the King yet one of them Day Bishop of Chicester after it was done refused to subscribe it who was afterward also turned out of his
warrantably done without a foregoing Synodical vote p. 73. especially when there is just cause of fear that the most of them that should meet are apparently obnoxious to factious interests And p. 72. If the Prince by the law of God stands bound to establish within his dominions whatsoever is evidenced to him by faithful Bishops and Learned men of the Church to be the law of Christ shall he not preform his known duty till the vote of a major part of a Synod give him leave to do it And here I suppose Dr. Fern will grant that the Prince is bound also to establish Christ's Law in which he is accountable if he do amiss 9. c. § 21. whenever it should happen to be evidenced to him by any other tho none of or contrary to the Clergy provided that be first consult and hear the reasons of some at least of his Clergy 3. That Princes may prohibit the decrees even of General Councils when they are evidenced to them non docere legem Christi 9. c. 28. § General Councils being the greatest and highest means of direction which Kings can have in matters of Religion but still with the limitation quatenus docent legem Christi of which I suppose the Prince must judge it being possible that the major part should be swayed by factious or worldly interests therefore Kings and Emperors saith he may have cause given them upon evidence of things unduly carried to use their supreme power for forbidding of their decrees as was done by Theodosius against the second Council of Ephesus and by the Kings of France against the Conventicle of Trent forbidding the decrees of it to be received for the space of fourty years 4ly 9. c. 21. § He approveth The concession of the Clergy under Henry the Eighth in binding themselves by promise in Convocation in verbo Sacerdotis not to enact or promulge or execute any new Canons or Constitutions without the Kings assent Which assent were it required only for securing the Prince that nothing be acted in such Synods prejudicial to his civil rights 't is willingly allowed but it is extended further for the Prince's prohibiting any other decrees whatever when not evidenced to him to be made juxta legem Christi against which if any thing be done in his dominions he remaineth accountable to God as you have seen before § 210 Now to reflect on what Dr. Fern hath said He seemeth 1. first to grant that the Clergy can publickly establish nothing against or without the Prince's consent So that whatever they cannot evidence to the Prince that so he may concur to the publishing thereof they are hindred from promulgating or evidencing it to the people So that they are in such a manner the ordinary Judges and Definers of Controversies as that their definitions if not evidenced to may be suppressed by the Prince nor ought to come abroad to their flocks And how consists this with what he saith 9. c. § 21. That in order to our believing we must attend to the evidence of truth given in or propounded I suppose he meaneth to us by the Pastors of the Church Again how consists this with the Clergy's coercive power 9. c. 19. § upon the Prince if Christian when obstinately gain-saying them Unless his gain-saying can never be called obstinate Will not this follow from hence that the Clergy might not promulgate Anti-Arrianisme in the Empire until they had evidenced it i. e. by his approbation thereof to Constantitus the then Emperor 2. When he saith That a Prince is not bound to take the directions of the whole Clergy or of a Synod but only of some faithful Bishops c. when he hath just cause to fear faction in such Synods he seems in this only to keep a gap open for justifying they past Reformation and in effect to affirm that the Prince may go therein against his Clergy For since the Clergy is a subordinate and regularly-united body he that taketh directions only from some of them whom he knows or doubts and fears to be different in their judgment from the main body taketh directions not from the Clergy but from those that are against them as hath been laid down in the sixth Thesis I mean against them that are the Judges in Spiritual matters and the Definers of things in Controversy and Judges of Heresy what hath been or ought to be condemned as such Without whom therefore the Prince cannot certainly know what is or is not such As for that which is said that the establishments of the Prince are not in order to our believing if Dr. Fern meaneth that the Prince doth not propose what is evidenced to him to be the law of Christ to his Subjects with a requiring of them that they should believe that it is the law of Christ the contrary is clear at least in the practicals enjoyned all which necessarily involve Faith See Chur. Gover. 2. Part 34. § 3. Part 12. § But if he meaneth that the Subjects cannot justly be necessitated to believe what the Prince establisheth so neither are they what the Clergy establisheth in his opinion who I think alloweth to all men judicium disoretivum in respect of any Church-authority 3. The Prince thus establishing Church-matters not upon the Clergy's authority but upon evidence he seems equally to oblige the Prince to establish them by whomsoever evidenced to him or by his own search discovered for what mattereth it to the evidence who bringeth it And then how is the Prince's judgment said to be secondary in respect to the Clergy Indeed if the Prince could always be certain in his evidence so as not to mistake to think something evidenced to him when indeed it is not and not to think other things sufficiently evidenced when they are so there were less hazard in leaving Church-matters thus to his disposal But fince things are much otherwise and evidencing truths to any one by reason of different understandings education passions and interest is a thing very casual so that what is easily evidenceable to another may happen not to be so to the Sovereign power when not patient enough to be informed mis-led and prepossessed by a faction not so capable as some others by defect of nature or learning facile to be perswaded by the last Speaker c what an uncertain and mutable condition would Church-affairs be put in as we see they have been here in England since the times of Henry the Eighth when all the influence of the authority of the Clergy upon the people is cast upon this evidenceing first of their matters to the present Sovereign Power § 211 Concerning Theodosius's Act urged by Dr. Fern the Story in brief is this The second Ephesine Council was General in its Representation but not in the free votes of the Representatives nor in the acceptation thereof by all or the major part of Catholick Churches In it paucis imprudentibus about some Ninety in all obviantibus sacramento verae
it remains therefore to examine whether he has been a more faithful Relator of our own History and what truth there is in his last Epistolary assertion that he knows not of any Ecclesiastical powers in this Discourse denied to the Prince but what the Kings of England have foregone before Henry the 8th Now whatever in relation to a power in Spirituals is in this Discourse accus'd of Novelty seems easily reducible to these two Heads 1st A Supremacy in Causes Ecclesiastical denied to the Western Patriarch as appears by our Princes taking away all manner of Forreign Jurisdiction prohibiting all appeals to the See of Rome all Bulls from it and in generall all Intercourse with it 2ly The same Supremacy invested in the Sovereign as appears by King Henry's assuming the title of Head of the Church by the Kings making Ecclesiastical Laws by that Synodical act of the Clergy not to assemble or promulgate any Canons without his leave by that power granted to the King to visit Ecclesiastical persons and to reform Errours and Heresies by his collating to Benefices without consent of the Clergy and by hindring Excommunications in foro externo Now in Answer to this charge of Novelty It is confest that the Pope did for some Years usurp such a superiority but then as it is granted that he did de facto claim such a power so that it did de jure belong to him is denied and not only so but farther we affirm that he neither from the beginning challenged such a power nor was he afterwards in so full possession of it but that our Princes have upon Occasion vindicated their own right against all Papal or if he pleaseth Patriarchal Encroachments And here waving the dispute of right I shall confine my self to matter of Fact that being the only case here controverted Where 1st of the Supremacy of the Western-Patriarch That when Austin came over to convert the Saxons no such Supremacy was acknowledg'd by the British Christians is evident from the celebrated Answer of Dinoth Abbot of Bangor to Austin requiring such subjection Notum sit Vobis c. * Spelm. Conc. p. 108. Be it known unto you that we are all subject and obedient to the Church of God and the Pope of Rome but so as we are also to every good pious Christian viz. to love every one in his degree and place in perfect Charity and to help every one by word and deed to attain to be the Sons of God and for other Obedience I know none due to him whom you call the Pope and as little do I know by what right he can challenge to be Father of Fathers As for us we are under the rule of the Bishop of Caerleon upon Vske who is to overlook and govern us under God This is farther manifest from the * Spelm A. C. 601. British Clergy twice refusing in full Synod after mature deliberation to own any such subjection That appeals to Rome were a thing unheard of till Anselms time appears from the application of the Bishops and Barons to him to disswade him from such an attempt * Inauditum in regno suo esse usibus ejus omnino contrarium quemlibet de Principibus praecipue Te tale quid praesumere Eadm p. 39.30 telling him it was a thing unheard of in this Kingdom that any of the Peers and especially one in his station should praesume any such thing That Legates from Rome were for 1100 Years unheard of in this Kingdom we may learn from a memorable passage in the same Historian concerning the Arch-Bishop of Vienna reported to have the Legantine power over England granted him A. C. 1100 * Quod per Angliam auditum in admirationem omnibus venit Inauditum scilicet in Britannia cuncti scientes quemlibet hominum super se vices Apostolicas gerere nisi solum Archiepiscopum Cantuariae Ead. p. 58. 41. The News of which being come to England was very surprizing to all people every one knowing it was a thing unheard of that any one should have Apostolical Jurisdiction over them but the Arch-Bishop of Canterbury And the event of that Legacy was suitable * Quapropter sicut venit ita reversus est à Nemine pro Legato susceptus uec in aliquo Legati officio functus Ibid. for as he came so he return'd being taken by no one for a Legate nor in any thing discharging the office of a Legate That the Church of Canterbury own'd no Superiour Bishop to her own but Christ appears from her being call'd * Ger. Dorob Coll. Hist Angl. 1663. 24. Col. 1615. 60. Omnium nostrum mater communis sub sponsi sui Jesu Christi dispositione and in another place Mater omnium Anglicanarum Ecclesiarum quae suo post Deum proprio laetatur Pastore That appeals to Rome were prohibited in King Henry the 2ds time is manifest from the famous Capitula of Clarendon amongst which this is one Article If any appeals shall happen they ought to proceed from the Arch-deacon to the Bishop and from the Bishop to the Arch-Bishop and if the Arch-Bishop shall fail in doing Justice the last Address is to be made to the King That Doctrines prejudicial to the Popes power were then publickly maintain'd appears from these Propositions amongst others censur'd by Becket 1st That none might appeal to the See Apostolick on any account without the Kings leave 2d That it might not be lawful for an Arch-Bishop or Bishop to depart the Kingdom and come at the Popes Summons without the Kings leave 3d. That no Bishop might Excommunicate any who held of the King in capite nor Interdict his Officers without the Kings leave Which propositions so censur'd are selected out of the Capitula of Clarendon to the Observation of which all the Arch-Bishops Bishops and other Ecclesiasticks even Becket himself amongst the rest tho' afterwards falling of had oblig'd themselves by a solemn Oath acknowledging them to be the customs of the King's Predecessours to wit Henry The 1st his Grandfather and others and that they ought to be kept inviolable by all To what party the Bishops were inclin'd in these differences betwixt the King and Becket we cannot better learn then from Baronius whose severe animadversion on these Praelates wherein he teaches us what Kings are to expect if they displease his Holiness and how dreadful his Fulminations be when they come out with full Apostolick vigour the Reader may peruse in the * Episcopi Angliae suffraganei Sancti Thomae literis ejusdem sui Archiepiscopi Apostolica legatione fungentis exagitati resilientes haud ut par erat parere mandatis salubres admonitiones suscipere Catholicae Ecclesiae utilitati consulere vendicantes eam à miscrrima servitute studuerunt sed ex adverso oppositi pro Rege contra ipsum scriptis verbis factisque repugnant ac tantum abest ut quod eorum muneris erat ad quod suis eos
literis excitaverat ipse Sanctus adversus Regem pro Ecclesia starent redarguerent comminarentur oâ—â—entantes quae in arcu sagittae paratae erant ad feriendum censuras nimirum Ecclesiasticas ab Ecclesia Romana Apostolico vigore prodeuntes ut potius adversus eundem pro Ecclesiae libertate pugnantem Sanctissimum Virum bella cierent telis oppeterent jurgiorum in scandalum omnium ista audientium Episcoporum Orthodoxorum Bar. An. A. C. 1167. Margin A like warm Expostulation upon these proceedings we meet with in Stapleton de tribus Thomis in Thoma Cant. * Quid aliud hic Henricus secundus tecte postulavit quam quod Henricus Octavus completa jam malitia aperte u surpavit nempe ut supremum Ecclesiae caput in Anglia esset What did this Henry the 2d tacitly demand but that which Henry the 8th afterwards openly usurp'd viz. to be Supreme Head of the Church of England and again * Quid hoc est aliud nisi ut Rex Angliae sit apud suos Papâ— what was this but that the King of England should be Pope over his own Subjects So that according to this Author Henry the 8th was not the first of that name who pretended to be Supreme Head of the Church It would be too tedious here to recite the several Statutes made in succeeding Reigns against the Popes Encroachments viz. the 35 of Edw. 1 25 Edv. 3. Stat de provisoribus 27 Ed. 3. c. 1. 38 Ed. 3. c. 1.2 4. stat 2. 2 Ric. 2. c. 3. 12 R. 2. c. 15. 13 R. 2. stat 2. cap. 2. 16 R. 2. c. 5. 2 Hen. 4. cap. 3. 2 Hen. 4. cap. 4. 6 Hen. 4. cap. 1. which speaks of horrible mischiefs and a damnable custom brought in of new in the Court of Rome 7 Hen. 4. cap. 6.8 9 Hen. 4. cap. 8. 3 H. 5. c. 4. Which see collected by Rastal under the title of Provision and Praemunire fol. 325. It may suffice to add the Opinion of our * Cokes Inst l. 4. c. â—4 Lawyers that the Article of the 25 of Hen. 8. c. 19. concerning the prohibition of appeals to Rome is declaratory of the ancient laws of the Realm * 1. Eliz. c. 1. and accordingly the Laws made by King Henry the 8th for extinguishing all forreign power are said to have been made for the Restoring to the Crown of this Realm the Ancient right and Jurisdictions of the same Which rights are destructive of the Supremacy of the Pope as will farther appear by our 2d Inquiry how far the Regal power extended in Causes Ecclesiasticall Where 1st As to the title of Head of the Church we find that * Twisd c. 5. par 2. King Edgar was reputed and wrote himself Pastor Pastorum the Vicar of Christ and by his Laws and Canons assur'd the world he did not in vain assume those titles * Chap. 5. par 14. c. 6. par 8. That our Forefathers stil'd their Kings Patrons Defenders Governours Tutors and Protectors of the Church And the Kings Regimen of the Church is thus exprest by King Edward the Confessor in his laws Rex quia Vicarius summi Regis est ad hoc est constitutus ut regnum terrenum populum Domini super omnia Sanctam veneretur Ecclesiam ejus regat ab injuriosis defendat Leg. Edv. Conf. apud Lamb. Where it is plain that he challenges the power of Governing the Church as being the Vicar of God so that it was but an Artifice in Pope Nicholas the Second to confer on the same King as a priviledge delegated by him what he claim'd as a right deriv'd immediately from God * Vobis posteris vestris Regibus Angliae committimus advocationem ejusdem loci omnium totius Angliae Ecclesiarum ut vice nostra cum Concilio Episcoporum statuatis ubique quae justa sunt To you saith that Pope to the Confessor and your Successours the Kings of England we commit the Advowson of that place and power in our stead to order things with the advice of your Bishops Where by the way if we may argue ad hominem this Concession gives the King of England as much right to the Supremacy over this Church as a like Grant from another Pope to the Earl of Sicily gives the King of Spain to his Spiritual Monarchy over that Province But the Kings of England derive their Charter from a higher Power They challenge from St. Peter himself to be * 1 Pet. II. 13. Supreme and from St. Paul that * Rom. XIII 1. every Soul should be subject to them And the extent of their Regal power may be learn'd from St. Austin who teaches us * In hoc Reges sicut eis divinitus praecipitur Deo serviunt in quantum Reges sunt si in Regno suo bona jubeant mala prohibeant non solum quae pertinent ad humanam societatem verum etiam quae pertinent ad divinam Religionem Aug. contra Crescâ—n l. 3. c. 51. that the Divine right of Kings as such authorized them to make Laws not only in relation to Civil Affairs but also in matters appertaining to divine Religion In pursuance of which 2ly As to the power of making Ecclesiastical Laws That the Kings of England have made Laws not only concerning the External Regimen of the Church but also concerning the proper Functions of the Clergy namely the Keyes of Order and Jurisdiction so far as to regulate the Use of them and oblige the Persons entrusted with them to perform their respective Offices is evident to any one who shall think it worth his leisure to peruse such Laws yet extant A Collection of the Laws made by Ina Alfred Edward Ethelstan Edmund Edgar Ethelred Canutus and others we have publish'd by Mr. Lambard in which we meet with Sanctions concerning Faith Baptism Sacrament of the Lord's Supper Bishops Priests Marriage Observance of Lent appointing of Festivals and the like And here it may not be unseasonable to urge an Autority which our Editor cannot justly decline I mean Mr. Spelman jun. in his Book de Vita Alfredi written by him in English but Publish'd in Latin by the Master of University College in Oxford in the Name of the Alumni of that Society This Author speaking of the Laws made by King Alfred in Causes Ecclesiastical makes this Inference from them * Hae leges hactenus observationem merentur quod ex iis constat etiam illis temporibus Reges Saxonicos Alfredum Edvardum sensisse se Suprematum habere tam in Ecclesiasticos quam in Laicos neque Ecclesiam quae in ipsorum ditione esset esse quid peregrinum vel Principi alicui extraneo subditam domi autem Civitatis legibus solutam quod Anselmus Beckettus aliique deinceps insecuti acriter eontenderunt Vita Alfr. lib. 2. par 12. These Laws do therefore deserve our particular Observation because from them it is evident that the
Act which is by this Author judg'd contrary to his first Thesis is that Statute of King Henry the eighth which orders that no speaking holding or doing against any Laws call'd Spiritual Laws made by Autority of the See of Rome which be repugnant to the Laws and Statutes of the Realm § 34. p. 39. or the King's Praerogative shall be deem'd to be Haeresie from which he infers that the King and Parliament undertake to be Judges of Haeresie Now the King and Parliament do not here in my Opinion take upon them to decide matters of Faith but only to Enact that in such a case the Subject shall not suffer the Punishment usually inflicted on Haereticks Whether such speaking or doing be Haeresie or not they have power to ordain that it shall not be deem'd so i. e. the Speaker shall not suffer as an Haeretick Something parallel to this we have in that Statute of much concernment to use our Author's expression of another Act made 23. Eliz. c. 1. Wherein it is enacted that The Persons who shall withdraw any of the Queens Majesties Subjects from the Religion established by Law to the Romish Religtion shall be to all intents adjudg'd as Traytors and shall suffer as in cases of High Treason and the like of Persons willingly reconcil'd Where without disputing whether every such Reconciler or Reconciled is necessarily for that Act ipso facto a Traytor all that is here enacted is that he shall suffer as such For it is undoubtedly within the reach of the Civil Power to ordain where they will inflict or not inflict their Secular Punishments without being accountable for this to any Autority under God's And it seems very hard that if a Subject expresses himself or acts against such Laws of a Forreigner as are repugnant to the Laws of his own Country there the Prince cannot exempt him from a Writ de Haeretico comburendo without invading the Churches right Another Act condemn'd by Virtue of his 1st and 2d Theses is The Convocation's granting to certain persons to be appointed by the King's Autority to make Ecclesiastical laws §. 43. p. 56. and pursuant to this 42 Articles of Religion publish'd by the Autority of King Edward in the 6th Year of his Reign Now not to engage my self in a dispute Whether these Articles were not really what in the Title praefix'd they are said to be Articuli de quibus in Synodo London A. D. 1552. ad tollendam opinionum dissentionem consensum verae Religionis firmandum inter Episcopos alios eruditos Viros convenerat Regia autoritate in lucem editi I shall only accept of what is by him granted that de illis convenerat inter Episcopos alios eruditos Viros qui erant pars aliqua de Synodo London §. 166. p. 187. So that here is only a part of the Synod employ'd in drawing up these Articles and not any Jurisdiction Spiritual transfer'd from Ecclesiastial persons to Secular which was by him to have been prov'd Another Inference which he deduces from these Theses is the Unlawfulness of the Oath of Supremacy §. 185. p. 214. Now how far the Regal Supremacy is by us extended will best be learnt from our Articles * Art 37. The King's Majesty has the chief power in this Realm of England and other his Dominions Unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all causes doth appertain and is not or ought not to be subject to any forreign Jurisdiction So far for the extent of this power but now for the restraint Where we attribute to the King's Majesty the chief Government by which Titles we understand the minds of some slanderous folks to be offended We give not to our Prince the ministring either of God's word or of the Sacraments the which thing the Injunctions also lately set forth by Q. Elizabeth do most plainly testify but that only Prerogative which We see to have been given always to all Godly Princes in Holy Scriptures by God himself that is that they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the Stubborn evil doers It is therefore by our Author to be prov'd that they who give no more to their Prince then hath been given always to all Godly Princes in Holy Scripture by God himself do alienate to the Secular Governour any Autority or Office which they the Clergy have receiv'd and been charg'd with by Christ with a command to execute the same to the end of the World which being a Contradiction I leave it to him to reconcile That by this Oath or any other Act of Queen Elizabeth a greater Power was either assum'd by her self or given to her by Others then is consistent with that Autority that is given by our Saviour to the Church will be very difficult for any Reasonable man to conceive who shall have recourse to the Injunction of this Queen to which this very Article refers us * Sparrow's Collection pag. 83. Lond. 1684. Where she declares that she neither doth nor ever will challenge any Autority but what was challeng'd and lately us'd by the Noble Kings of famous memory King Henry the 8th and King Edward the 6th which is and was of Ancient time due to the Imperial Crown of this Realm that is under God to have Sovereignty and Rule over all manner of Persons born within these her Realms Dominions and Countreys of what Estate either Ecclesiastical or Temporal soever they be so as no other forreign Power shall or ought to have any Superiority over them And if any Person that hath conceited any other sense of the form of the said Oath shall accept the same Oath with this Interpretation sense or meaning Her Majesty is well pleas'd to accept every such in that behalf as her good and Obedient Subjects and shall acquit them of all manner of penalties contain'd in the act therein mention'd against such as shall peremptorily and obstinately refuse to take the same Oath So that it 's evident from this Injunction that it 's no way here stated what Autority belongs to the Church and what to the Civil Magistrate farther then that the Queen as justly she might challenged what was due of Ancient time to the Imperial Crown of this Realm and neither did nor would challenge more but what that was is not here determin'd and she is content without such Determination if any Person would take this Oath in such a sense as only to exclude all forreign Jurisdiction whether Ecclesiastical or Civil Another Act which He finds repugnant to his his 1st pag. 36. Thesis is King Henry the Eth's claiming a right that no Clergy-man being a Member of the Church of England should exercise the power of the Keys in his Dominions in any Cause or on any Person without his leave
we ought to oppose the benefit she receives from the Protection of a good one Nor is it more true that Constantius an Arrian by his unjustly displacing the Orthodox Bishops procu'd Arrianism to be voted in several Eastern Synods then that the succeeding Emperors by justly displacing the Arrian Bishops procur'd the Nicene Faith to be receiv'd in succeeding Synods But for these mischiefe which a National Synod is liable to our Author has found out as he thinks a Remedy in his Fourth Thesis That a Provincial or National Synod may not lawfully make any definitions in matters of Faith or in reforming some Error or Heresy or other abuse in God's Service contrary to the Decrees of former Superior Synods or contrary to the judgment of the Church Vniversal of the present Age shew'd in her publick Liturgies But there is a Thesis in our Bibles which seems to me the very contradictory of this For saith the Prophet expresly * Hos 4.15 Though Israel transgress yet let not Judah Sin Tho' ten tribes continue corrupted in their Faith yet let the remaining Tribe take care to reform her self For that Judah had sinned and consequently was here commanded to reform is plain from the words of Scripture where it is said that * 2 King c. 17. v. 9. Judah kept not the Commandments of the Lord her God but walk'd in the Statutes of Israel which they made But this argument of National Councils reforming without the leave of General has been manag'd with so great Learning and Demonstration by Arch-Bishop Laud in his Discourse with Fisher and his Lordship's Arguments so clearly vindicated by the Reverend D. Stillingfleet that as it is great Praesumption in this Author to offer any thing in a cause which has had the Honour to have suffer'd under those Pens so neither would it be modest in me to meddle any farther in a Controversie by them exhausted I shall therefore proceed to his Fifth Thesis That could a National Synod make such Definitions yet that a Synod wanting part of the National Clergy unjustly depos'd or restrained and consisting partly of persons unjustly introduc'd partly of those who have been first threatned with Fines Imprisonment and deprivation in case of their Non-conformity to the Princes Injunctions in matters purely Spiritual is not to be accounted a lawful National Synod nor the Acts thereof free and valid especially as to their establishing such Regal Injunctions Now how this is pertinent to our case I can by no means conjecture For it has been shew'd that neither were the Anti-reforming Bps. unjustly depos'd nor the Reformers unjustly introduc'd But what he means by the Clergy's being threatned with fines imprisonment and Deprivation in case of their Non-conformity to the Prince's Injunctions may be learnt from another passage in his Discourse where he tells us that the Clergy being condemn'd in the Kings Bench in a Praemunire for acknowledging the Cardinal's power Legantine and so become liable at the King's pleasure to the Imprisonment of their Persons and Confiscation of their Estates pag 26. did to release themselves of this Praemunire give the King the title of Ecclesiae Cleri Anglicani Protector Supremum caput Which Act saith he so passed by them that as Dr. Hammond acknowledges It is easie to believe that Nothing but the apprehensions of dangers which hung over them by a Praemunire incurred by them could probably have inclined them to it But here we have great reason to complain of the unpardonable praevarication of this Author in so foully misrepraesenting Dr. Hammond Which that it may be the more perspicuous and that the Reader may make from this Instance a true judgment of this Writer's sincerity it will be necessary to transcribe the whole passage as it lies in the Doctor Sch. c 7. §. 5. Though the first act of the Clergy in this was so introduc'd that it is easie to believe that nothing but the apprehension of dangers which hung over them by a Praemunire incurr'd by them could probably have inclin'd them to it and therefore I shall not pretend that it was perfectly an Act of their first will and choice but that which the Necessity of affairs recommended to them Yet the matter of right being upon that occasion taken into their most serious debate in a Synodical way and at last a fit and commodious expression uniformly pitch'd upon by joynt consent of both Houses of Convocation there is no reason to doubt but that they did believe what they did profess their fear being the Occasion of their Debates but the Reasons and Arguments observ'd in debate the causes as in all Charity we are to judge of their Decision Thus the Doctor Now this Prevarication is the more culpable because it is not an Original but copied from Mr. Sergeant whom this Writer cannot but be praesumed to have known to have falsified it For Bishop Bramhal in whose writings we find him very conversant had detected this mis-quotation in Mr. Sergeant and severely Reprimands him for it His words are so applicable to our Author that I cannot excuse my self the Omission of them Bp. Br. Wor. Tom. 1. p. 360. He citeth half a passage out of Dr. Hammond but he doth Dr. Hammond notorious wrong Dr. Hammond speaketh only of the first Preparatory Act which occasion'd them to take the matter of right into a serious debate in a Synodical way he applieth it to the subsequent Act of renunciation after debate Dr. Hammond speaketh of no fear but the fear of the Law the Law of Praemunire an Ancient Law made many ages before Henry the 8th was born the Palladium of England to preserve it from the Usurpations of the Court of Rome but Mr. Sergeant mis-applieth it wholly to the fear of the King 's violent cruelty Lastly he smothers Dr. Hammond's sense express'd clearly by himself that there is no reason to doubt but that they did believe what they did profess the fear being the Occasion of their debates but the reasons or Arguments offer'd in debate the causes as in all charity we are to judge of their Decision He useth not to cite any thing ingenuously This Author must be thought to have read these passages and yet ventured the scandal of promoting this Forgery tho' without the Honor of being the first Inventor of it Such practises as these require little Controversiall skill but much fore-head and we have seen a Machine lately publickly expos'd for this laudable Quality of imbibing whatever is blown into it's Mouth and then ecchoing it forth again without blushing Whether this be not our Author's Talent let the Reader judg as also what Opinion we ought to have of his Modesty who after all this has the confidence to desire us to read together with these his Observations on the Reformation Dr. Hammond of Sch. c. 7. the very Chapter whence this is cited least saith he I may have related some things partially or omitted some things considerable
of several times justified and condemn'd the same thing I am very well convinc'd tho' not from our Author's proof that the Pope stood not alone in his judgment For certainly He that holds both sides of a Contradiction cannot be singular in his Opinion The Pope judg'd for the Divorce in the 17th Paragraph when the Dispensation was procur'd from him but here in the 19th he judges against it But our Author mistakes that Pope's Character when he represents him as passing Sentence according to the merits of the Cause it being certain that in this whole procedure He acted by no other Principles then his Passions or Interest And therefore this Author observes a greater Decorum when telling us in the same Page that the King had now no hopes of obtaining a Divorce from the Pope he does not pretend the Reason to have been because the Pope was convinc'd of the Unlawfulness of it but because at the same time he stood much in aw of the Emperor victorious in Italy and a near Kinsman and Favourer of Queen Katherine He needed not therefore to have instanc'd in the different Opinions of diverse Men since the actings of the Pope alone would sufficiently have convinc'd us that the several Interests of several times justifi'd and condemn'd the same thing Now to return to our Matter in hand So that it seems he has digress'd for 2 Pages to no other purpose then to shew that his Paratheses are of the same Stamp with his Parentheses The aforesaid Summ of 100000 l spent upon the Vniversities abroad c. This is again a transcript from Dr. Bailie and I need say no worse of it § 20 The King he saith excepted at the Limitation of Quantum per legem Christi licet in the Title given him by the Clergy and so at last upon renew'd threats this Clause also was procur'd to be omitted See Antiquit. Britannic The Author knew or might have known that the Author of the Antiquities was in this mistaken For Dr. Burnet a Hist V. 1. p. 112. from the Cabala p. 244. has upon this passage in A. Bp. Parker observ'd that King Henry when the Province of York demurr'd upon granting the King the Title of Head as improper in his Answer to them urges that Words are not always understood in the strictest Sense and mentions the Explanation made in the Province of Canterbury that it was in so far as is agreeable with the Law of Christ Accordingly it is represented as pass'd with this Qualification by our other b Herbert p. 348. Full. Eccl. Hist Book 5. p. 184. Dr. Heylin Ref. Justif § 2. Historians He refers us again to Dr. Bailie But the Reader I presume has had enough of him already The excluding the Patriarch is he saith contrary to his 4th Thesis It is pity these Theses were not written in the last Century for the Use of those Roman-Catholics who excluded the Pope They could find no grounds for the Papal Autority from Scripture Antiquity or Reason but they might perhaps have been convinc'd from our Author's Theses which are an Autority distinct to all those This Paragraph concludes with the mangled Citation from Dr. Hammond which has already been animadverted on and is a sore which if I do not here again touch upon it is because I would not gall him too much Cranmer is said to have divorc'd the King from Q. Katherine after he had excluded the Pope's Autority out of his Dominions § 22 The Divorce c Burn. V. 1. p. 131. compar'd with p. 144. was pronounc'd in May 1533 and the Extinguishing Act did not pass till March following Cranmer in the Sentence is call'd Legate of the Apostolic See By this Instance it is plain how implicitely our Author follows a Sand p. 73. Sanders in his Chronology as well as History Warham a favourer of the Queen's cause b Sand. p. 55. Varamus qui summo studio Reginae partes adjuverat saith Sanders This favourer of the Queen's Cause when the Marriage was first propos'd c Burn. V. 1. p. 35. declar'd it was contrary to the Law of God He induc'd d Ibid. p. 36. the e Hen. the 8th Prince when of Age to enter his Protestation against it f Ibid. p. 38. He subscrib'd and perswaded the other Bishops to subscribe to the unlawfulness of it He earnestly prest Fisher to concurr and upon Refusal made another set that Bishop's Name and Seal to the Resolution of the other Bishops These are some of the favours which Warham shew'd to the Queen's Cause § 23 The Clergy having declar'd the King Supreme Head of the Church it seem'd reasonable that no Acts of the Church should stand good without the concurrence of the Head This is a wild and senseless Calumny the C. of England thinks no Acts which are purely Spiritual want the King's concurrence her Sacraments and her Censures she esteems valid independently on all humane Autority her Charter she derives immediately from Christ The Clergy did indeed bind themselves not to promulge and execute any Canons without the King's leave but the execution of which they abridg themselves is such as hath influence on the Civil Rights of the Subject and therefore necessarily requir'd the concurrence of the Supreme Civil power He cites from Dr. Heylin an Answer made by Gardiner and allow'd by the Convocation to a Parliamentary Remonstrance But either my a Reform Just in the Historical Tracts Edit Lond. 1681. Edition of Heylin or which I am the rather apt to think from the infidelity of his other citations this Author deceives me The next Paragraph descants upon the request of the Clergy that the Laws Ecclesiastical might be review'd by 32 Commissioners § 24 This he complains was never sufficiently weigh'd by Dr. Heylin Dr. Hammond nor Dr. Fern. The business of those Advocates was to defend the Reformation and it is one of our Author 's pertinent remarks that they did not meddle with what was not reform'd The Reformation of the Canons was a design of which Nothing worse can be said than that it did not take effect If it trouble him that Canons contrary to the King's Prerogative Laws of the Land good of the Subject and Laws of God should be reform'd no Honest man can pity him If he quarrels with the competency of the Reviewers that has been spoke to by the b Animadv p. 36. Animadverter If by Canons Synodal he will understand the Constitutions of any other Synods but those of this Nation it is out of his wonted pride to outface the Statutes For the c Forasmuch as such Canons Constitutions and ordinances as heretofore have been made by the Clergy of this Realm cannot now be view'd examin'd and determin'd by the King 's Highness and the 32 Persons according to the Petition of the Clergy 25. Hen. 8.19 c. Act expresly limits the Review to those Canons which had been enacted by English Synods and had no
need to meddle with any other since We never did own the Autority of any but what were so establish'd I need not speak any thing to the 25th Paragraph §. 25.26 because what is said there is unsaid in the 26th But our Author has a Supposal here which may deserve a Remark He supposes that Gardiner retracted his acknowledgment of a Regal Supremacy for this reason because by sad experience he saw it much enlarg'd beyond those bounds within which only they formerly had maintain'd it just § 46 But else-where this same Author will suppose that Gardiner was ensnar'd in King Edward's time by that Sense of Supremacy of which he had been a Zealous abettor in King Henry's and this Sense which Gardiner had of King Henry's Supremacy in another Paragraph is said to have been gross and impure § 37 and to have extended the King's power even to the Alteration of Faith and Doctrines beyond which bounds I would learn of this Author how it could be enlarg'd In this methinks he is something Autocatacritical If it can be worth our while to look back upon what has been perform'd in this Chapter We shall find that Nothing farther has been advanc'd then that the Clergy gave King Henry the Title of Supreme promis'd to enact no new Canons without the King's Assent and requested that the Old ones might be Reform'd The rest of his Discourse is only flourish which our Author made Use of that he might have the greater scope for his Invention All that is matetial in 7 Leaves might have been compriz'd in fewer Words and this would have heightned our Esteem of the Author tho' it might have deprest the price of the Pamphlet A Reply to his 3d Chapter § 26 WE are come now to our Author's Second Head the Supremacy of King Henry is still the Topick i. e. He is still writing against his Forefathers the Roman-Catholics The Extent of this Supremacy he takes from Acts of Parliament Repeal'd and not Repeal'd make no difference with him All the Expressions which seem to extend the Supremacy are invidiously rak'd together and those which limit it craftily supprest The Statutes are put upon the rack and because the Text doth not speak plain enough our Author has added his Gloss He tells us that the Clergy having given the King the Title of Supreme the Parliament vested in him all Jurisdiction to the said Dignity belonging The Parliament gave the King no New Jurisdiction but restor'd the Old nor did they place in him any Power but what was recognized by the Clergy who certainly did not delude the King with the Complement of an empty Title The extent of this Jurisdiction annex'd to the Crown He will have us learn from the 1st of Q. Elizabeth but it seems more proper to learn it from the words of the same Statute of King Henry His Comments upon the Ecclesiastical Jurisdiction here ascrib'd to the Prince might have been spar'd if he had attended to an easie distinction frequently met with in our Writers They divide Ecclesiastical Jurisdiction into Internal the inward Government which is in the Court of Conscience or External that which is practis'd in exterior Courts That proceeds by Spiritual Censures this by force and corporal Punishments That is appropriated to the Clergy and incommunicable to the Secular power this is originally inherent in the Civil Supreme and from him deriv'd to Ecclesiastic Governours Ecclesiastical Jurisdiction when said to be annex'd to the Crown ought to be understood in the latter Sense This also answers what is here cited from the Reformatio Legum tho' what is urg'd thence needs no Reply that Book having never been ratified by any Autoritative Act of our Church § 28 In Virtue of this Jurisdiction translated to the King by another Act of Parliament 25. Hen. 8.21 c. the Supreme power of giving all manner of Licenses Dispensations Faculties c. For all Laws and Constitutions merely Ecclesiastical and in all Causes not being contrary to the Scriptures and Laws of God is not only taken from the Pope but the Clergy too Nothing is done in that Act by Virtue of any new-Jurisdiction translated to the King but by this power originally inherent in the Sovereign Every Government has a right to dispence with it's own Acts and nothing farther is challeng'd in that Statute No Ecclesiastical Constitutions had ever the force of Laws in this Kingdom but from the Legislative power of the Realm and the same power which gave them life might dispense with them This the Act saith is evident not only from the wholesom Acts made in King Henry's Reign but from those made in the time of his Noble Progenitors It was not therefore a power now first attributed to the Prince but his Ancient Right for some Years indeed usurp'd by the Pope but now vindicated This is the true import of that Statute which when it is fairly represented is at the same time justified The power of granting Licenses is indeed taken from the Pope to whom it never rightly belonged but not from the Clergy it being expresly provided in the Act that all Licenses be granted by the Arch-Bishop or 2 Spiritual Persons In case of the Arch-Bishop's refusal the Court of Chancery is to judge whether such refusal be out of Contumacy which power of the Chancery if it be contrary to our Author's 8th Thesis it ought the rather to be excus'd since the a p. 34. Animadverter has observ'd that that Thesis is contrary to it self His Notion of the Parliament's coordinacy with the King in the Supremacy I leave to the Censure of the Learned in the Law this Act I am sure whence he infers it positively asserts the King to be Supreme § 29 By Virtue of the same Supremacy translated to the King the necessity of the Metropolitan's being confirm'd by the Patriarch is taken away The Statute whence he collects this mentions neither Metropolitan nor Patriarch It enacts indeed that no Person of this Realm shall be presented to the Bishop of Rome otherwise cal'd the Pope to or for the office of Bishop or Arch-Bishop of this Realm But the Arch-Bishops of this Realm are such Metropolitans as ow no Subjection to any Patriarch and therefore have no necessity of being confirm'd by him Nor doth the Statute take away any such Necessity for it supposes none The King's Presentation to a Bishoprick against which he is so warm was no new Usurpation but an ancient Right had he liv'd some Centuries before the Reformation he would have had this Grievance to complain of The 2 next Paragraphs he tells us he had set down before §. 30. and 31. and I see no reason why they are repeated but for the Reader 's mortification The 32d Paragraph is that which has got the particle a See the Animadv p. 65. as in it The said Arch-Bishop when no Arch-Bishop had been mention'd before is another of our Author's Idioms in the same Period
's of England were always Supreme Nor is this Nomination at all injurious to the Divine Right of Bishops which is not deriv'd from the Persons Electing or Nominating but the Pastors Consecrating But we have him again crying out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He finds the King and Parliament authorizing Arch-Bishops Bishops c. By Virtue of their Acts to take Informations concerning the not using of the Common-Prayer c. Therein prescrib'd and to punish the same by Excommunication c. The first and last of these cs are very artificially placed for corrupting the Text. After Bishops should have follow'd Chancellors and Commissaries after Excommunication Sequestration and other Censures and Processes So that the Autority given by this Act doth not necessarily respect the Bishops and that Power of Excommunicating which they have jure divino but may relate to the power given to Chancellors and Commissaries and other Officers who plead no such divine right to their respective Functions or if the Bishops are included yet not so as that they derive the power of Excommunicating from this Act but of inflicting the other punish-ments which by this Act may be inflicted Or let us suppose the Bishops authoriz'd by this Act to Excommunicate and Excommunication taken in the strictest sense for internal Censures yet this will be no injury to their Jus divinum untill it be prov'd that because God has gave the Bishops a power to Excommunicate therefore the King may not command them to put it in Execution where there is a just Cause § 41 He finds 32 Persons commission'd to reform the Laws Ecclesiastical But this he found before in King Henry's Reign where it has already been consider'd and whither I refer the Reader as often as this Author shall be pleas'd to remind us of this Discovery § 42 He finds Six Prelates and Six others commissioned to make a new form of Consecration of Bishop's and Priests He might have found that this Act as well as the former was made at the a See the Petitions of the Clergy Burn. Vol. 2. p. 47. request of the Convocation Nothing is by him excepted against the Form it self and for the Autority the Synod petition'd such a Commission might be granted the b Six Prelates and six Divines Bur. V. 2. p. 141. Persons commission'd were all Clergy Men and c King Edwards Articles Art 35. Bur. V. 2. Coll. p. 218. the Synod confirm'd it when done As for the Oath against the Pope inserted in the new Ordinal it was by birth a Roman-Catholic d Fox p. 1092. King Henry's Bishops took it without scruple That e Compare the Oath in Fox with the Oath of Supremacy as it now stands part of it which this Author thinks most offensive is since put out and he may be as severe as he pleaseth upon a Non-entity The Heretical Catechism in the 43d Paragraph shall be spoken to when it meets us agen in the 166th § 43 The 44th would justifie a Protestation of Bishop Bonner's which that Bishop himself a Bur. V. 2. Coll. p. 112. recanted He is angry at Fox for calling that Protestation Popish But the Prelate himself in his recantation of it calls it unadvised of ill ex-example unreasonable and undutifull If Fox abuses the Bishop it is because Popish signifies something worse then all these § 45 We are next entertain'd with a confus'd Catalogue of Articles propos'd to Bishop Gardiner's Subscription together with our Author's Notes upon them One of the most pertinent Notes would have been that Bishop b Fox p. 1350. 1357. Gardiner subscrib'd most of these Articles but this was not for his Interest to observe His remark is that tho' in some of these Articles the Autority of Parliament is mention'd yet in none of these is any thing said of the Consent of the Clergy as necessary to make such Parliamentary or Regal injunctions valid That the consent of the Clergy was urg'd to this Bishop I hope he does not deny I am sure c §. 110. it is urg'd by r. that in the charge given in against Gardiner it is said that the Injunctions were of all men for all sorts obediently receiv'd And that this charge was given in is not denied in the Reply to r. §. 119. elsewhere He confesses it The meaning must be that this consent was not urg'd under the modality of making the Regal Injunctions valid Nor do I see any Necessity it should for Gardiner had not yet so far refin'd his gross sense of the Supremacy but that he still own'd his Obligation to obey His Majestie 's Godly Injunctions and Ordinances concerning Religion Neither could the Imposers of these Injunctions according to their Principles lay so great a stress on the consent of the Clergy for if the matter of the Injunctions was unlawful no Church-Autority could make them lawful but if it was agreeable to the Law of God then the Civil Autority without the Synodal if that had been wanting was sufficient From this idle remark the Author has rais'd as idle a Consequence From this non-mentioning the consent of the Clergy he collects that when the Synodal consent of the Clergy is any where else mention'd as sometimes it is it is not to add any Autority to these Injunctions thereby Now to me it seemes a wild Inference that because the Synodal consent was once not urg'd as necessary therefore when-ever it was urg'd it was thought to add no Autority I may certainly obey my Prince in a thing lawful tho' my Pastor doth not at the same time exact this Obedience from me But when they both require the same Duty there ariseth a new tie of Obedience and I am now under a double Obligation But least we should wonder why the King and Parliament never pleaded any Necessity of the Synodal consent the Author conjectures the reasons to be 1st Because some of the Voters were displac'd and so their suffrage less Authentical But these places were supplied and then I would know why those who succeeded into their Pastoral charge did not also succeed into their Synodal Autority and if so why the Reformers should think the Act of a Synod less Authentical when Ridley sat there than when Bonner did His second reason is Because they saw that the Laws of this National Clergy could stand in no force but so would also the Laws of the Church and her Synods which were superior to the English Clergy And if the King urg'd his and his Subject's freedom from the Laws of the Church Vniversal so must He also from the Laws of his own Church National Church Superior Synods and the Church-Vniversal are words which sound big but when they come to be construed the Laws of the Church signifie Papal Decrees Superior Synods are put for any Council that is forreign and the Church-Vniversal dwindles into Roman-Catholic In this case I hope we may obey our Lawful Pastors tho' we reject an Usurper
but I know not of any Henrician Creed incorporated into our Faith The Romanists have a Creed Younger by some Years then King Henry but nothing is a part of our Faith but what sprung up with Infant-Christianity It is therefore a wild Inference that because we own the King to be Supreme Head of the Church therefore We make the Christian Religion mutable Did we make Acts of Parliament the Rule of our Faith there would be ground for such an Objection For then an Article of Faith might be enacted and repeal'd at pleasure and He who was Orthodox in one Session might become an Heretic in the next But Scripture is the Rule of our Faith a Rule like it's Author unchangeable the same yesterday to day and for ever The Christian indeed is obnoxious to the power of the Prince but Christianity is without the reach of his Sword Nor has the King this influence over the external profession of Religion as he is the Ecclesiastical Head but as he is the Civil Supreme God has intrusted him as such with the power of the Sword with a command indeed to use it for the protection of the true Religion but with a natural liberty still of using it for the Protection of a false This Author I confess has a remedy against this namely some Temporal coactive power lodg'd in the Pope in order to dissolve upon Occasion the coactive power of the Prince But we do not envy him this Catholicon against Innovation Passive Obedience is our Principle and if this renders the legal Establishment of our Religion more obnoxious to the pleasure of the Civil Magistrate Yet it better secures our common Christianity Q. Mary therefore may repeal King Edward's Laws but unless she could repeal Christ's Law too Ridley's and Latimer's Religion will still be the same The only difference is that the Faith which before they defended from the Pulpit they now more effectually propagate at the Stake To conclude this point whilst Princes have the power of the Sword and Subjects are oblig'd to Non-resistance the Supreme Governor will have an influence over the outward State of Religion and He that complains of this repines against the Methods of God's providence It is no blemish therefore on the Reform'd Religion which is here dwelt upon by this Author that it went forward or backward under King Henry according as his different passions or Interests inclin'd him Whilst Q. Ann liv'd it had indifferent success saith Fox Here then saith our witty Observer the Supreme Head of the Church was directed by a Woman and manag'd the Affairs of Religion accordingly Now admitting this were a truth which had escap'd him Yet the curious Editor I doubt not amongst his Collections has met with a Medal representing Donna Olympia with the Pope's Mitre on her Head and St. Peter's Keys in her Hands and on the Reverse the Pope with his Head drest like a Lady and a Spindle in his hand Be it also true that Cromwel a Laic had the total management of Ecclesiastical affairs under King Henry Yet any one Who is conversant in History knows that the administration of the Popedom has been in the Hands of more obnoxious Favourites § 86 What is said in the next Paragraph is not of more moment here then when first mention'd in Paragraph the 19th § 87 By Virtue of such Supremacy he took Possession of all the Monasteries and Religious Houses Our prolix Author who never spares his own Labour or his Reader 's Patience has enlarg'd upon this point for 12 Paragraphs and is very copious against Sacrilege But I do not see how our Cause is concern'd in this charge Avarice and Sacrilege are as great Sins in our Homilies as they are in the Popish Canons and Cranmer and Ridley were as severe against robbing the Church as this Declaimer We are no more concern'd to defend King Henry's rapines then the Lusts some have charged him with Were the Suppression of Abbies as great a crime as it is here under false colours represented I do not see why we are more oblig'd to plead in it's favour than this Writer would think himself bound because he asserts the power of the Roman Patriarch to justifie the foul and unparallel'd enormities of those who have sat in St. Peter's chair But were the dissolution of Monasteries represented impartially it would be easie were it necessary to give it a fair appearance and it must be at last confest that the fault of King Henry was not so much in taking away those foundations of Superstition as in not applying all the Revenues as he did some and had done more if the Reformers had had more Influence over him to Uses truly Religious By Virtue of such a Supremacy he made orders and gave Dispensations in matters of Marriage §. 99.100 of Fasts of Holydays of Election and Consecration of Bishops and Challeng'd a power of abrogating several other Ceremonies It ought to have been shewn that any Constitutions concerning these did ever oblige us but such as either were made and ordained within this Realm or such other as were induced into the Realm by sufferance consent and custom for until this Proposition laid down in the Statute a 25. of Hen. 8.27 c. be disprov'd the Assumption there that the State hath power to dispence with it's own Laws will be unshaken Ecclesiastical Canons with this Author is another expression for Papal Decrees the Autority therefore which supported them being justly taken away it is no wonder if they fell with it Amongst the Rites which King Henry commands to be observ'd till he shall be pleas'd to alter them Fox reckons paying of Tithes Where this Annotator observes that Tithes are here conceiv'd to be in the disposal of the Supreme Head of the English Church Now whether King Henry thought Tithes to be jure divino or not doth not concern the Reformation But what is here said of payment of Tithes doth not prove that he thought them alienable from the Clergy For he might by his Laws regulate the payment of them tho' he did not think them disposable in this Author's sense Several Statutes were made in his Reign for the better securing this Right of the Clergy In them a 27. Hen. 8. c. 20. Tithes are said to be due to God and the Church the detainers of them to have no regard of their b 32. Hen. 8. c. 7. duties to Almighty God And the c Ref. Leg. Tit. de Decimis cap. 1. Reformatio legum derives the Clergy's original right to them from the Laws of Christ § 101 By Virtue of such Supremacy he without any consent of the Clergy by his Vice-gerent Cromwel order'd that English Bibles should be provided and put in every Church The translation of the Bible was petition'd by the 2 d Bur. V. 1. p. 195. Houses of Convocation and the publication of it was included in that request This Act therefore had the consent of the