other such kind of Instruments as the Statute 25 Hen. 8. 21. mentions and that this Power was denied or taken from him by the same Statute as also by another 28 Hen. 8. 16. and placed in or rather reduced to the Jurisdiction of the Arch-Bishop of Canterbury saving the Rights of the See of York in all Causes convenient and necessary for the Honour and Safety of the King the Wealth and Profit of the Realm and not repugnant to the Laws of Almighty God The Grounds of removing this Power from the Pope as they are expressed in that excellent Preamble to the said Statute 25 Hen. 8. are worthy our Reflexion they are 1. The Pope's Vsurpation in the Premises 2. His having obtained an Opinion in many of the people that he had full Power to dispence with all humane Laws Uses and Customs in all Causes Spiritual 3. He had practised this strange Usurpation for many years 4. This his practice was in great derogation of the Imperial Crown of this Realm 5. England recognizeth no Superior under God but the King only and is free from Subjection to any Laws but such as are ordained within this Realm or admitted Customs by our own Consent and Usage and not as Laws of any Forreign Power 6. And lastly that according to Natural Equity the whole State of our Realm in Parliament hath this Power in it and peculiar to it to dispence with alter Abrogate c. our own Laws and Customs for Publick good which Power appears by wholsom Acts of Parliament made before the Reign of Henry the Eighth in the time of his Progenitors For these Reasons it was Enacted in those Statutes of Henry the Eighth That no Subject of England should sue for Licences c. henceforth to the Pope but to the Arch-Bishop of Canterbury Now 't is confessed before and in the Preamble to the Statute that the Pope had used this Power for many years but this is noted as an Aggravation of the Grievance and one Reason for Redress but whether he enjoyed it from the time of Saint Austine or how long quietly is the proper question especially seeing the Laws of the Land made by King Henry's Predecessors are pleaded by him in contradiction to it Yea who will come forth and shew us one Instance No Instance 1110 years after Christ of a Papal Dispensation in England for the first eleven hundred years after Christ if not five hundred of the nine hundred years Prescription and the first five hundred too as well as the first eleven hundred of the fifteen are lost to the Popes and gained to the Prescription of the Church of England But Did not the Church of England without any reference to the Court of Rome use this Power during the first eleven hundred years what man is so hardy as to deny it against the multitude of plain Instances in History Did not our Bishops relax the Rigor of Ecclesiastical Canons did not all Bishops all over the Christian World do the like before the Monopoly was usurped In the Laws of Alured alone and in the conjoynt Gervis Dorober p. 1648. Laws of Alured and Gunthrun how many sorts of Ecclesiastical Crimes were dispensed with by the Sole Authority of the King and Church of England and the like we find in the Laws of Spel. Conc. p. 364. c. some other Saxon Kings Dunstan the Arch Bishop had Excommunicated a great Count he made his peace at Rome the Pope commands his Restitution Dunstan answered I will obey the Pope willingly when I Ibid. p. 481. see him penitent but it is not God's will that he should lie in his sin free from Ecclesiastical Discipline to insult over us God forbid that I should relinquish the Law of Christ for the Cause of any Mortal man this great Instance doth two things at once justifieth the Arch-Bishops and destroyeth the Pope's Authority in the Point The Church of England dispensed with those irreligious Nuns in the days of Lanfrank with the Council of the King and with Queen Maud the Wife of Henry the First in the like Case in the days of Anselm without any Suit to Rome or Forreign Dispensation Lanfr Ep. 32. Eadm l. 3. p. 57. These are great and notorious and certain Instances and when the Pope had usurped this Power afterwards As the Selected Cardinals Stile the avaritious Dispensations of the Pope Sacrilegious Vulnera Legum so our Statutes of Provisors expresly 27 Ed. 3. say they are the undoing and Destruction of the Common Law of the Land accordingly The King Lords and Commons complained of this abuse as a Mighty Grievance of the frequent coming among them of this Infamous Math. Par. Au. 1245. Messenger the Pope's non-obstante that is his Dispensations by which Oaths Customs Writings Grants Statutes Rights Priviledges were not only weakned but made void Sometimes these dispensative Bulls came to legal Trials Boniface the Eighth dispensed with the law where the Arch-Bishop of Canterbury was Visitor of the University of Oxford and by his Bull exempted the Vniversity from his Jurisdiction and that Bull was decreed void in Parliament by two Successive Kings as being obtained to the prejudice of the Crown the weakning of the Laws and Customs of the Kingdom and the probable Ruine of the said University Ex Arch. Tur. Londini Ex Antiq. Acad. Cantab. p. 91. In interruption of this Papal Vsurpation were those many Laws made in 25 Edw. 1. and 35 Et 12 Rich. 2. Edw. 1. 25 Edw. 3. and 27 and 28 Edw. 3. and afterwards more expresly in the sixteenth of Richard the Second where complaining of Processes and Censures upon Bishops of England because they executed the King's Comandments in his Courts they express the mischiefs to be the Disinherison of the Crown the Destruction of the King Laws and Realm that the Crown of England is subject to none under God and both the Clergy and Laity severally and severely protest to defend it against the Pope and the same King contested the Point himself with him and would not yield it An Excommunication by the Arch-Bishop albeit Lord Coke Cawdrie's Case it be disanulled by the Pope is to be allowed by the Judges against the Sentence of the Pope according to the 16 Edw. 3. Titl Excom 4. For the Pope's Bulls in special our Laws have abundantly provided against them as well in case of Excommunication as Exemption vid. 30 Edw. 3. lib. Ass pl. 19. and the abundant as is evidenced by my Lord Coke out of our English Laws in Cawd Case p. 15. he mentions a particular Case wherein the Bull was pleaded for Evidence that a Person stood Excommunicate by the Pope but it was not allowed because no Certificate appeared from any Bishop of England 31 Edw. 3. Title Excom 6. The same again 8 Hen. 6. fol. 3. 12 Edw. 4. fol. 16. R. 3. 1 Hen. 7. fol. 20. So late as Henry the Fourth if any Person
and had Power by the Law of the Land to try such Causes as were not to be tried by Common Law so declared and Establish'd by Acts of Parliament Vid. in the time of Edw. 1. and Edw. 2. near four Hundred years since Circumspecte agatis 13 Edw. 1. An. 1285. The King to his Judges sendeth greeting Use your selves circumspectly in all matters concerning the Bishop of Norwich and his Clergy not punishing them if they hold Plea in things as be meer Spiritual as Penance enjoyned by Prelates Corporal or Pecuniary for Fornication Adultery or such like for Tithes and Oblations due and accustomed Reparations of the Church and Church-yard Mortuaries Pensions laying violent hands upon a Clerk Causes of Defamation Perjury All such demands are to be made in the Spiritual Courts and the Spiritual Judge shall have power to take knowledge of them notwithstanding the Kings Prohibition III. Hereupon a Consultation was to be granted 24 Edw. 1. as followeth Whereas Ecclesiastical Judges have often surceased to proceed by force of the Kings Writ of Prohibition in Cases whereas Remedy could not be had in the Kings Courts our Lord the King Willeth and Commandeth That where Ecclesiastical Judges do surcease in the aforesaid Cases by the Kings Prohibition that the Chancellor or the Chief Justice upon sight of the Libel at the instance of the Plaintiff if they can see that the Case cannot be redressed by Writ out of Chancery but that the Spiritual Court ought to determine the Matters shall write to the Ecclesiastical Judge that he proceed therein notwithstanding the Kings Prohibition More particularly Those Cases reserved by Law and Statute against which no Prohibition can be legally granted are enumerated in Articul Cleri 9 Edw. 2. IV. Thus the proceedings of the Spiritual Courts and the Causes belonging to them were supposed directed allowed and Establish'd by these Ancient Statutes And lest those Causes have not been sufficiently specified no Prohibition shall be awarded out of Chancery but in Case where we have the connusance and of Right ought to have as it is in the 18 of Edw. 3. provided Whence 't is a general Rule both in Law and Statute That such cases as have no remedy provided in the other Law belong to the Spiritual Courts and indeed it hence appears they have ever done so because we no where find in our Laws that the Common Law did ever provide for them and because the Kingdom of England is an intire Empire where the King is furnish'd with a Temporalty and Spiritualty sufficient to administer Justice to all persons and in all Causes whatsoever And consequently what Causes are not in the connusance of the Common Law belong to the Spiritual Jurisdiction which is plainly implied in 24 Hen. 8. c. 12. and other Statutes Upon the same ground in Law depend three great truths 1. The Antiquity of Ecclesiastical Courts 2. Their dependance upon the Crown 3. The perfection of the Government to administer Justice in all cases to all persons from the Supream Power exercised in the Temporal and Spiritual Courts all which lie in the Preamble of that Statute according to our Ancient Laws For saith my Lord Coke in the conclusion of Cawdries Case it hath appeared as well by the ancient Common Laws of this Realm by the Resolution of the Judges and Sages of the Laws of England in all succession of Ages as by Authority of many Acts of Parliament ancient and of latter times That the Kingdom of England is an absolute Monarchy and that the King is the only Supream Governour as well over Ecclesiastical persons and in Ecclesiastical Causes as Temporal To the due observation of which Laws both the King and the Subject are sworn V. IF you desire a more full and particular account of such Cases as being not provided for at Common Law are therefore and have been ever under the Spiritual power take this excellent Enumeration of my Lord Cawdries Case Coke Observe good Reader seeing that the determination of Heresies Schisms and Errors in Religion Ordering Examination Admission Institution and Deprivation of men of the Church which do concern God's true Religion and Service of right of Matrimony Divorces and general Bastardy whereupon depend the strength of mens Descents and Inheritances of Probate of Testaments and Letters of Administration without which no debt or duty due to any dead man can be recovered by the Common Law Mortuaries Pensions Procurations Reparations of Churches Simony Incest Adultery Fornication and Incontinency and some others doth not belong to the Common Law how necessary it was for administration of Justice that his Majestie 's Progenitors Kings of this Realm did by publick Authority authorize Ecclesiastical Courts under them to determine those great and important Causes Ecclesiastical exempted from the Jurisdiction of the Common Law by the Kings Laws Ecclesiastical which was done originally for two causes 1. That Justice should be administred under the Kings of this Realm within their own Kingdom to all their Subjects and in all causes 2. That the Kings of England should be furnished upon all occasions either foreign or domestical with Learned Professors as well of the Ecclesiastical as Temporal Laws VI. Ecclesiastical Laws are the Kings Laws though Processe be not in the Kings Name Now albeit the proceedings and Processe of the Ecclesiastical Courts be in the Name Coke Cawdr Case latter end of the Bishops c. it followeth not therefore that either the Court is not the Kings or the Law whereby they proceed is not the King's Law For taking one example for many every Leet or View of Frank-pledge holden by a Subject is kept in the Lords Name and yet it is the Kings Court and all the proceedings therein are directed by the Kings Laws VII Spiritual Causes secured from Prohibitions notwithstanding by Acts of Parliament Lord Coke Cawdries Case in Edw. 2. Albeit by the Ordinance of Circumspecte agatis made in the 13 year of Edw. 1. and N. B. by general allowance and usage the Ecclesiastical Court held Plea of Tithes Obventions Oblations Mortuaries Redemptions of Penance laying of violent hands upon a Clerk Defamations c. yet did not the Clergie think themselves assured nor quiet from Prohibitions purchased by Subjects until that King Edw. the Second by his Letters Patents under the Great Seal in and by consent of Parliament upon the Petitions of the Clergie had granted unto them to have Jurisdiction in those Cases The King in a Parliament holden in the Ninth year of his Reign after particular Answers made to their Petitions concerning the matters abovesaid doth grant and give his Royal assent in these words We desiring as much of right as we may to provide for the state of the Church of England and the tranquillity and quiet of the Prelates of the said Clergie to the honour of God and the amendment of the state of the said Church and of the Prelates and Clergie ratifying and approving all and singular the said
pain of deposition to Bishops and Clerks and Anathematization to Lay-men to compose or obtrude upon any persons converted from Paganism or Judaism We retain the same Sacraments and Discipline we derive our holy Orders by lineal succession from them It is not we who have forsaken the essence of the Modern Church by substraction or rather Reformation but they of the Church of Rome who have forsaken the essence of the ancient Roman Church by their corrupt Additions as a learned Man observes The plain truth is this the Church of Rome hath had long and much Reverence in the Church of England and thereby we were by little and little drawn along with her into many gross errors and superstitions both in Faith and Worship and at last had almost lost our liberty in point of Government But that Church refusing to reform and proceeding still further to usurp upon us we threw off the Vsurpation first and afterwards very deliberately Reform'd our selves from all the corruptions that had been growing upon us and had almost overgrown both our Faith and Worship If this be to divide the Church we are indeed guilty not else But we had no power to reform our selves Here indeed is the main hinge of the Controversie but we have some concessions from our worst and fiercest Adversaries that a National Church hath power of her self to reform abuses in lesser matters provided she alter nothing in the Faith and Sacraments without the Pope And we have declared before that we have made no alteration in the essentials of Religion But we brake our selves off from the Papal Authority and divided our selves from our lawful Governors 'T is confest the Papal Authority we do renounce but not as a lawful Power but a Tyrannical Usurpation and if that be proved where is our Schism But this reminds us of the second thing in the Definition of Schism the Cause For what 2. The Cause interpretation soever be put upon the Action whether Reformation or Division and Separation 't is not material if it be found we had sufficient Cause and no doubt we had if we had reason from the lapsed state and nature of our Corruptions to Reform and if we had sufficient Authority without the Pope to reform our selves But we had both as will be evident at last Both these we undertake for satisfaction to the Catholick Church but in defence of our own Church against the charge of Schism by and from the Church of Rome one of them yea either of them is sufficient For if the pretended Authority of the Church of Rome over the Church of England be ill grounded how can our Actions fall under their censure Especially seeing the great and almost only matter of their censure is plainly our disobedience to that ill grounded Authority Again however their Claim and Title stand or fall if we have or had cause to deny that Communion which the Church of Rome requires though they have power to accuse us our Cause being good will acquit us from the guilt and consequently the charge of Schism Here then we must joyn Issue we deny the pretended Power of the Church of Rome in England and plead the justness of our own Reformation in all the particulars of it SECT VI. The Charge as laid by the Romanists THis will the better appear by the indictment of Schism drawn up against us by our Adversaries I shall receive it as it is expressed by one of the sharpest Pens and in the fullest and closest manner I bave met with viz. Card. Perron against Arch-Bishop Laud thus Protestants have made this Rent or Schism by their obstinate and pertinacious maintaining erroneneous Doctrines contrary to the faith of Roman or Catholick Church by their rejecting the authority of their lawful Ecclesiastical Superiors both immediate and mediate By aggregating themselves into a separate Body or company of pretended Christians independent of any Pastors at all that were in lawful and quiet possession of Jurisdiction over them by making themselves Pastors and Teachers of others and administring Sacraments without Authority given them by any that were lawfully impowered to give it by instituting new Rites and Ceremonies of their own in matters of Religion contrary to those anciently received throughout all Christendom by violently excluding and dispossessing other Prelates of and from their respective Sees Cures and Benefices and intruding themselves into their places in every Nation where they could get footing A foul Charge indeed and the fouler because in many things false However at present we have reason only to observe the foundation of all lies in our disobedience and denying Communion with the Church of Rome all the rest either concerns the grounds or manner or consequences of that Therefore if it appear at last that the Church of England is independant on the Church of Rome and oweth her no such obedtence as she requires the Charge of Schism removes from us and recoyls upon the Church or Court of Rome from her unjust Vsurpations and Impositions and that with the aggrevation of Sedition too in all such whether Prelates or Priests as then refused to acknowledge and obey the just Power and Laws of this Land or that continue in the same disobedience at this day SECT VII The Charge of Schism retorted upon the Romanists The Controversie to two Points IT is well noted by a learned Man that while the Papal Authority is under Contest the question Dr. Hammond is not barely this whether the Church of England be schismatical or no For a Romanist may cheaply debate that and keep himself safe whatsoever becomes of the Vmpirage but indifferently and equally whether we or the Romanist be thus guilty or which is the Schismatick that lies under all those severe Censures of the Scriptures and Fathers the Church of England or her Revolters and the Court of Rome Till they have better answered to the Indictment than yet they have done we do and shall lay the most horrid Schism at the door of the Church or Court of Rome For that they have voluntarily divided the Catholick Church both in Faith Worship and Government by their innovations and excommunicated and damned not only the Church of England but as some account three parts of the Christian Church most uncharitably and without all Authority or just cause to the scandal of the whole world But we shall lay the charge more particularly as it is drawn up by Arch-Bishop Bramhal The Church saith he or rather the Court of Rome are causally guilty both of this Schism and almost all other Schisms in the Church 1. By usurping an higer place and power in the Body Ecclesiastical than of right is due unto them 2. By separating both by their Doctrines and Censures three parts of the Christian World from their Communion and as much as in them lies from the Communion of Christ 3. By rebelling against general Councils Lastly by breaking or taking away all the lines of Apostolical
kind ought to begin ne◠Christs Time and he that hath begun it later unless he can Evidence that he was driven out from an Ancient Possession is not to be stiled a Possessor but an Vsurper an Intruder an Invader Disobedient Rebellious and Schismatical Good Night S. W. Quod ab initio fuit invalidum tractu temporis non Convalescit is a Rule in the Civil Law Yea whatever Possession the Pope got afterwards was not only an illegal Vsurpation but a manifest Violation of the Canon of Ephesus and thereby Condemned as Schismatical CHAP. VII The Pope had not full Possession here before Hen. 8. 1. Not in Augustine's Time II. Nor After 'T Is boldly pleaded that the Pope had Possession of the Supremacy in England for nine hundred years together from Augustine till Hen. 8. 〈◊〉 no King on Earth hath so long and so clear prescription for his Crown To which we answer 1. That he had not such Possession 2. If he had 't is no Argument of a just Title SECT I. Not in Austin's Time State of Supremacy questioned VVE shall consider the Popes Supremacy here as it stood in and near St. Augustine's time and in the Ages after him to Hen. 8. 1. We have not found hitherto that in or about the time of Augustine Arch-Bishop of Canterbury the Pope had any such power in England as is pretended Indeed he came from Rome but he brought no Mandate with him and when he was come he did nothing without the King's licence at his arrival he petitions 〈◊〉 King the King commands him to stay in the Isle Thanet till his further pleasure was known he obeyed afterward the King gave him licence to preach to Bed l. 1. c. 25. his Subjects and when he was himself converted majorem praedicandi licentiam he enlarged his licence so to do 'T is true Saint Gregory presumed largly to subject all the Priests of Brittain under Augustine and to give him power to erect two Arch-Bishopricks and twelve Bishopricks under each of them but 't is one thing to claim another thing to possess for Ethelbert was then the only Christian King who had not the twentieth part of Brittain and it appears that after both Saint Gregory and Austine were dead there were but one Arch bishop and two Bishops throughout the Brittish Islands of the Roman Communion Indeed the Brittish and Scotch Bishops were Bed l. 2. c. 2 c. 4. many but they renounced all Communion with Rome as appeared before We thankfully acknowledge the Pope's sending over Preachers his commending sometimes Arch-Bishops when desired to us his directions to fill up vacant Sees all which and such like were Acts of Charity becoming so eminent a Prelate in the Catholick Church but sure these were not Marks of Supremacy 'T is possible Saint Milet as is urged might bring the Decrees of the Roman Synod hither to be observed and that they were worthy of our acceptance and were accepted accordingly but 't is certain and will afterwards appear to be so that such Decrees were never of force here further that they were allowed by the King and Kingdom 'T is not denied but that sometimes we admitted the Pope's Legates and Bulls too yet the Legantine Courts were not Anciently heard of neither were the Legates themselves or those Bulls of any Authority without the King's Consent Some would argue from the great and flattering Titles that were antiently given to the Pope but sure such Titles can never signifie Possession or Power which at the same time and perhaps by the very same Persons that gave the Titles was really and indeed denied him But the great Service the Bishop of Calcedo◠hath done his Cause by these little Instances before mentioned will best appear by a true state Vid. Bramh. p. 189. c. of the question touching the Supremacy betwixt the Pope and the King of England in which such things are not all concerned The plain question is who was then the Political Head of the Church of England the King or the Pope or more immediately whether the Pope then had possession of the Supremacy here in such things as was denied him by Hen. 8. at the beginning of our Reformation and the Pope still challengeth and they are such as these 1. A Legislative Power in Ecclesiastical Causes 2. A Dispensative Power above and against the Laws of the Church 3. A liberty to send Legates and to hold Legantine Courts in England without Licence 4. The Right of receiving the last Appeals of the King's Subjects 5. The Patronage of the English Church and Investitures of Bishops with power to impose Oaths upon them contrary to their Oath of Allegiance 6. The First Fruits and Tenths of Ecclesiastical Livings and a power to impose upon them what Pensions or other Burthens he pleaseth 7. The Goods of Clergy-men dying Intestate These are the Flowers of that Supremacy which the Pope claimeth in England and our Kings and Laws and Customs deny him as will appear afterwards in due place for this place 't is enough to observe that we find no foot-steps of such possession of the Pope's Power in England in or about Augustine's time As for that one instance of Saint Wilfred's Appeals it hath appeared before that it being rejected by two Kings successively by the other Arch-Bishop and by the whole Body of the English Clergy sure 't is no full instance of the Pope's Possession of the Supremacy here at that time and needs no further answer SECT II. No clear or full possession in the Ages after Austine till Hen. 8. Eight Distinctions the Question stated IT may be thought that though the things mentioned were not in the Pope's possession so early yet for many Ages together they were found in his Possession and so continued without interruption till Hen. 8. ejected the Pope and possest himself and his Successors of them Whether it were so or not we are now to examine and least we should be deceived with Colours and generalities we must distinguish carefully 1. Betwixt a Primacy of Order and Dignity and Unity and Supremacy of Power the only thing disputed 2. Betwixt a Judgment of direction resulting from the said Primacy and a Judgment of Jurisdiction depending upon Supremacy 3. Betwixt things claimed and things granted and possessed 4. Betwixt things possessed continually or for some time only 5. Betwixt Possession partial and of some lesser Branches and plenary or of the main body of Jurisdiction 6. Betwixt things permitted of curtesie and things granted out of duty 7. Betwixt incroachment through craft or power or interest or the temporary Ossitancy of the People and Power grounded in the Laws enjoyed with the consent of the States of the Kingdom in times of peace 8. Lastly betwixt quiet possession and interrupted These Distinctions may receive a flout from some capricious Adversary but I find there is need of them all if we deal with a subtle one For the Question is not touching
History that it is beyond Before Conquest question that during all the time from St. Gregory to the Conquest the Brittish Saxon and Danish Kings without any dependance on the Pope did usually make Ecclesiastical Laws Witness the laws of Excombert Ina Withred Alfrede Edward Athelstan Edmond Edgar Athelred Canutus and Edward the Confessor among which Laws one makes it the Office of a King to Govern the Church as the Vicar of God Indeed at last the Pope was officiously kind and did bestow after a very formal way upon the last of those Kings Edward the Confessor a Priviledge which all his Predecessors had enjoyed as their own undoubted Right before viz. the Protection of all the Churches of England and power to him and his Successors the Kings of England for ever in his stead to make just Ecclesiastical Constitutions with the advice of their Bishops and Abbots But with thanks to his Holiness our Kings still continued their ancient custom which they had enjoyed from the beginning in the right of the Crown without respect to his curtesie in that matter After the Conquest our Norman Kings did After Conquest also exercise the same Legislative power in Ecclesiastical Causes over Ecclesiastical Persons from time to time with the consent of the Lords Spiritual and Temporal Hence all those Statutes concerning Benefices Tythes Advowsons Lands given in Mortmain Prohibitions Consultations Praemunires quare impedits Priviledge of the Clergy Extortions of Ecclesiastical Courts or Officers Regulation of Fees Wages of Priests Mortuaries Sanctuaries Appropriations and in sum as Bishop Bramhall adds All things which did belong to the external subsistence Regiment and regulating of the Church and this in the Reigns of our best Norman Kings before the Reformation Arch Bishop Bramh. p. 73. But what Laws do we find of the Popes making in England or what English Law hath he ever effectually abrogated 'T is true many of the Canons of the Church of Rome were here observed but before they became obliging or had the force of Laws the King had power in his great Council to receive them if they were judged convenient or if otherwise to reject them 'T is a notable instance that we have of this 20 Ed. 3. c. 9. in Ed. 3. time When some Bishops proposed in Parliament the reception of the Ecclesiastical Canon for the legitimation of Children born before Marriage all the Peers of the Realm stood up and cried out with one voice Nolumus leges Angliae mutari we will not have the Laws of England to be changed A clear evidence that the Popes Canons were not English Laws and that the Popish Bishops knew they could not be so without the Parliament Likewise the King and Parliament made a legislative exposition of the Canon of the Council of Lions concerning Bigamy which they would 4 Ed. 1. c. 5. not have done had they not thought they had power according to the fundamental Laws of England either to receive it or reject it These are plain and undeniable evidences that when Popery was at highest the Popes Supremacy in making Laws for the English Church was very ineffectual without the countenance of a greater and more powerful viz. the Supremacy of our own Kings Now admit that during some little space Obj. the Pope did impose and England did consent to the authority of his Canons as indeed the very Consent admitted rejecting of that authority intimates yet that is very short of the Possession of it without interruption for nine hundred years together the contrary being more than evident However this Consent was given either by By Permission Permission or Grant If only by Permission whether through Fear or Reverence or Convenience it signifies nothing when the King and Kingdom see cause to vindicate our ancient Liberties and resolve to endure it no longer If a Grant be pretended 't was either from Or by Grant the King alone or joyned with his Parliament If from the King alone he could grant it for his time only and the power of resuming any part of the prerogative granted away by the Predecessors accompanies the Crown of the Successor and fidelity to his Office and Kingdom obligeth him in Justice to retrieve and recover it I believe none will undertake to affirm that the Grant was made by the Law or the King with his Parliament Yet if this should be said and proved too it would argue very little to the purpose for this is to establish Iniquity by a Law The Kings Prerogative as Head of this Church lieth too deep in the very constitution of the Kingdom the foundation of our common Law and in the very Law of Nature and is no more at the will of the Parliament than the fundamental liberties of the Subject Lastly the same Power that makes can repeal a Law if the Authority of Papal Canons had been acknowledged and ratified by Parliament which cannot be said 't is most certain it was revoked and renounced by an equal Power viz. of Henry the Eighth and the whole Body of the Kingdom both Civil and Ecclesiastical It is the Resolution both of Reason and Law that no Prescription of time can be a bar to the Supreme Power but that for the Publick good it may revoke any Concessions Permissions or Priviledges thus it was declared in Parliament in Edward the Third his Reign when reciting the Statute of Edward the First they say the Statute holdeth alway his force and that the King is bound by Oath to cause the same to be kept and consequently if taken away to be restored to its Observation as the Law of the Land that is the Common Fundamental unalterable Law of the Land Besides the Case is most clear that when Henry the Eighth began his Reign the Laws asserting the Supreme Authority in Causes and over Persons Ecclesiastical were not altered or repealed and Henry the Eight used his Authority against Papal Incroachments and not against but according to the Statute as well as the Common Law of the Land witness all those Noble Laws of Provisors and praemunire which as my Lord Bramhall saith we may truly call 25 Ed. 1. 27 Ed. 3. 2 Hen. 4. c. 3 4. 7 Hen. 4. c. 6. the Palladium which preserved it from being swallowed up in that vast gulph of the Roman Court made by Edw. 1. Edw. 3. Rich. 2. Hen. 4. CHAP. XI Of the Power of Licences c. here in Edw. 3. Rich. 2. Hen. 4. Hen. 5. Hen. 6. Hen. 7. THough the Pope be denied the Legislative and Judiciary or Executive Power in England yet if he be allowed his Dispensatory Power that will have the effect of Laws and fully supersede or impede the Execution of Laws in Ecclesiastical Causes and upon Ecclesiastical Persons 'T is confest the Pope did usurp and exercise this strange Power after a wonderful manner in England before Henry the Eighth by his Licences Dispensations Impositions Faculties Grants Rescripts Delegacies and
Innovations and Tyranny are the Fruits of his Pride Ambition and Perjury but if possible the guilt is made more Scarlet by his Cruelty to Souls intended by his formal Courses of Excommunications against all that own not his usurped Authority viz. the Primitive Churches the 8 first general Councils all the Fathers of the Latine and Greek Churches for many hundred years the greater part of the present Catholick Church and even the Apostles of Christ and our Lord himself The Sum of the whole matter A touch of another Treatise The material Cause of Separation THe Sum of our defence is this If the Pope have no Right to Govern the Church of England as our Apostle or Patriarch or as Infallible if his Supremacy over us was never grounded in but ever renounced by our Laws and Customs and the very constitution of the Kingdom If his Supremacy be neither of Civil Ecclesiastical or Divine Right if it be disowned by the Scriptures and Fathers and condemned by the Ancient Councils the Essential Profession of the present Roman Church and the solemn Oaths of the Bishops of Rome themselves If I say all be certainly so as hath appeared what reason remains for the necessity of the Church of England's re-admission of or submission to the Papal Authority usurped contrary to all this Or what reason is left to charge us with Schism for rejecting it But it remains to be shewn that as the claim of the Popes Authority in England cannot be allowed so there is cause enough otherwise of our denial of obedience actually to it from Reasons inherent in the Vsurpation it self and the Nature of many things required by his Laws This is the second Branch of our defence proposed at first to be the Subject of another Treatise For who can think it necessary to communicate with Error Heresie Schism Infidelity and Apostacy to conspire in damning the Primitive Church the Ancient Fathers General Councils and the better and greater part of the Christian World at this day or willingly at least to return to the infinite Superstitions and Idolatries which we have escaped and from which our blessed Ancestors through the infinite mercy and providence of God wonderfully delivered us Yet these horrid things cannot be avoided if we shall again submit our selves and enslave our Nation to the pretended Powers and Laws of Rome from which Libera nos Domine THE POSTSCRIPT Objections touching the First General Councils and our Arguments from them answered more fully SECT I. The Argument from Councils drawn up and Conclusive of the Fathers and the Cath. Church IN this Treatise I have considered the Canons of the ancient Councils two ways as Evidence and Law As Evidence they give us the undoubted sence and Faith both of the Catholick Church and of single Fathers in those times and nothing can be said against that As Law we have plainly found that none of them confer the Supremacy pleaded for but every one of them in special Canons condemn it Now this latter is so great a proof of the former that it admits of no possible reply except Circumstances on the by shall be set in opposition and contradiction to the plain Text in the body of the Law And if neither the Church nor single Fathers had any such faith of the Popes Supremacy during the first General Councils then neither did they believe it from the Beginning For if it had been the Faith of the Church before the Councils would not have rejected it and indeed the very form and method of proceeding in those Ancient Councils is sufficient Evidence that it was not However why is it not shewn by some colour of Argument at least that the Church did believe the Popes Supremacy before the time of those Councils why do we not hear of some one single Father that declared so much before the Council of Nice or rather before the Canons of the Apostles Or why is there no notice taken of such a Right or so much as Pretence in the Pope either by those Canons or one single Father before that time Indeed our Authors find very shrewd Evidence of the contrary Why saith Casaubon was Dionysins so utterly Dionysins silent as to the Vniversal Head of the Church Reigning at Rome if at that time there had been any such Monarch there Especially seeing he professedly wrote of the Ecclesiastical Hierarchy and Government Exerc. 16. in Bar. an 34. Nu. 2â—0 The like is observable in Ignatius the most Ignatius Epist ad Tral Ancient Martyr and Bishop of Antioch who in his Epistles frequently sets forth the Order Ecclesiastical and dignity of Bishops upon sundry occasions but never mentions the Monarchy of St. Peter or the Roman Pope Ibid. he writing to the Church of Trallis to obey Bishops as Apostles instanceth equally in Timothy St. Paul's Scholar as in Anacletus Successor to St. Peter The Prudence and Fidelity of these two prime Fathers are much stained if there were then an Vniversal Bishop over the whole Church that professedly writing of the Ecclesiastical Order they St. Paul should so neglect him as not to mention Obedience due to him and indeed of St. Paul himself who gives us an enumeration of the Primitive Ministry on set purpose both in the ordinary and extraordinary kinds of it viz. Some Apostles some Prophets some Evangelists some Pastors and Teachers and takes no notice of the Vniversal Bishop but we hence conclude rather there was no such thing For who would give an account of the Government of a City Army or Kingdom and say nothing of the Mayor General or Prince This surpasseth the fancy of Prejudice it self Irenaeus is too ancient for the Infallible Chair Ireneus lib. 2. c. 3. p. 140 141. and therefore refers us in the point of Tradition as well to Polycarp in the East as to Linus Bishop of Rome in the West Tertullian adviseth to consult the Mother-Churches Tertullian praescr p. 76. immediately founded by the Apostles and names Ephesus and Corinth as well as Rome and Polycarpus ordained by St. John as well as Clemens by Peter Upon which their own Renanus notes that Tertullian doth not confine the Catholick and Apostolick Church to one place for which freedom of Truth the Judex expurgatorius corrected him but Tertullian is Tertullian still These things cannot consist either with their own knowledge of an Vniversal Bishop or the Churches at that time therefore the Church of Egypt held the Catholick Faith with the chief-Priests naming Anatolinus of Constant Basil of Antioch Juvenal of Jerusalem as well as Leo Bishop of Rome Bin. To. inter Epist illust person 147. And it is decreed saith the Church of Carthage we consult our Brethren Syricius Bishop of Rome and Simplicius Bishop of Milain Concil Carth. 3. c. 48. The like we have observed out of Origen Clemens Alex. Cyprian c. before Hence it follows that the Church and the Fathers before the Councils had no knowledge of the Popes Supremacy and we have
not defined by any Publick Decree tacito tamen Doctorum Consensu Now what can remain but that which we find him immediately driven to viz. to reject the pretence of humane Right by Positive Decrees of the Church and to adhere only as he himself affirmeth they generally now do to the Divine Right Nunc inquit autem nemini amplius Catholoco dubium est prorsus Divino Jure quidem illustribus Evangelii Testimoniis hunc Primatum niti Thus how have they intangled themselves if they pretend a humane Right he acknowledgeth they cannot find it where it ought to be found in the Publick Decrees of the Church if a Divine Right he confesseth the Fathers denied it before the Council of Constance and he knows that Council condemn'd it Stapleton at length affirms that now no Catholick doubts but the Pope's Primacy is of Divine Right whence the heart of the Roman Cause is stabb'd by these clear and sharp Conclusions 1. Concl. That all Catholicks of the present Roman Church do now hold a New Article touching the Pope's Primacy not known to the Fathers before the Council of Constance An. 1415. and condemned by that Council as an Error 2. Concl. That therein the Faith of the present Roman Church stands counter to the Faith Decrees and Practices of all the first General Councils consisting of Fathers that flourished therein long before the Council of Constance i. e. in their own sence the Ancient Catholick Church You will find that the Evidence hereof ariseth not only from the Words of Stapleton but from the Decrees of all the first eight General Councils every one of them one way or other expresly declaiming that Supremacy which the Pope and his present Church would arrogate and in those Councils all the Fathers and the Catholick Church are confessedly concluded and consequently Antiquity Infallibility and Tradition are not to be found at Rome The Sum is the Church of England that holds the true Ancient Catholick Faith and the four first General Councils and hath the Evidence of four more in the Point cannot be blamed for rejecting or not readmitting a Novel and groundless Usurpation contrary to them all and contrary also to the Profession of the present Roman Church that pretends to believe that the Faith of the eight first general Councils is the Catholick Faith Imprimatur GUIL JANE R. P. D. HEN. Episc LOND Ã Sacris Domest Jan. 24. 1678. THE CONTENTS OF THE CHAPTERS and SECTIONS THe Introduction The Design The Controversie contracted into one point viz. Schism Page 1 CHAP. I. The Definition of Schism Sect. 1. Of the Act of it p. 3 Sect. 2. The Subject of Schism p. 4 Sect. 3. The Object of Schism 1. Faith p. 7 2. Worship p. 9 3. Government p. 11 Sect. 4. The Conditions Causeless Voluntary p. 14 Sect. 5. The Application of Schism 't is not applicable to us p. 16 In the Act. p. 17 Or Cause p. 19 Sect. 6. The Application of it to the Romanists p. 20 Sect. 7. The charge retorted upon them p. 21 The Controversie broken into two Points The Authority The Cause p. 23 CHAP. II. An Examination of the Papal Authority in England Five Arguments proposed and briefly reflected on p. 24 1. Conversion 2. Prescription 3. Western Patriarchate 4. Infallibility 5. Succession p. 25 CHAP. III. Of the Pope's claim from our Conversion by Eleutherius Gregory p. 28 CHAP. IV. His claim as Patriarch Four Propositions laid down 1. The Pope was Patriarch of the West p. 32 2. He had then a limited Jursdiction p. 33 3. His Patriarchate did not include Brittain p. 35 4. A Patriarch and Vniversal Bishop inconsistent p. 37 CHAP. V. The Third Papal claim Prescription The Case stated p. 39 Their Plea Our Answer in three Positions viz. 1. The Pope never had possession absolutely 2. That which he had could never create a Title 3. However his Title extinguish'd with his possession p. 40 CHAP. VI. The Papacy of no power here for the first 600 years Augustine Dionoth in fact or faith p. 41. c. Sect. 1. No one part of Papal Jurisdiction was exercised here for six hundred years not Ordination till 1100 years after Christ c. nor any other p. 46 Sect. 2. No possession of Belief of his Jurisdiction then in England or Scotland p. 52 Sect. 3. This belief could have no ground in the Ancient Canons Apostolic Nicen. Milev c. p. 54 Sect. 4. Of Concil Sardi Calced Constantinop p. 56 Sect. 5. Arabick Canons forged not of Nice p. 60 Sect. 6. Ancient practice interpreted the Canons against the Pope Disposing of Patriarchs S. Cyprian S. Augustine's sence in practice p. 63 Sect. 7. The Sayings of Ancient Popes Agathâ— Pelagius Gregory Victor against the pretence of Supremacy p. 69 Sect. 8. The words of the Imperial Law against him p. 90 Sect. 9. The Conclusion touching possession in the first Ages vix six hundred years from Christ p. 97 CHAP. VII The Pope had not full possession here before Hen. 8. I. Not in St. Augustine's time nor after p. 100 Sect. 1. Not in St. Augustine's time ibid. A true State of the question betwixt the Pope and the King of England in seven particulars p 102 Sect. 2. No clear or full possession in the Ages after Austine till Hen. 8. p 104 In eight distinctions of Supremacy ibid. The question stated by them p. 105 CHAP. VIII What Supremacy Hen. 8. took from the Pope the particulars of it with Notes upon them p. 107. c. CHAP. IX Whether the Pope's possession here was a quiet possession till Hen. 8. as to the Point of Supremacy p. 109 Sect. 1. Of Appeals to Rome Three Notions of Appeal Appeals to Rome Locally or by Legates Wilfrid Anselm ibid. Sect. 2. Of the possession by Legates the occasion of them here their entertainment p. 117 CHAP. X. Of the Pope's Legislative power here before Hen. 8. Canons oblige us not without our Consent our Kings Saxon Danish Norman made Ecclesiastical Laws p. 126 CHAP. XI Of the Power of Papal Licenses c. in Edw. 1. 3. Rich. 2. Hen. 4. Hen. 5. Hen. 6. Hen. 7's time p. 133 CHAP. XII The Patronage of this Church ever in our own Kings by History by Law p. 140 CHAP. XIII Of Peter-pence and other payments to the Pope p. 149 First-Fruits p. 151 Payments extraordinary p. 154 Casual p. 156 CHAP. XIV The Conclusion of the Argument of Prescription 't is on our side p 158 On their side of no force p. 159 CHAP. XV. The Plea from Infallibility considered in its Consequence Retorted p. 161 Sect. 1 Scripture Examples for Infallibility p. 163 High Priest not infallible nothing to the Pope p. 164 Apostles p. 166 Sect. 2. Scripture-promises of Infallibility p. 167 CHAP. XVI 2. Argument for Infallibility viz. Tradition four Concessions three Propositions about Tradition Arguments Objections p. 171 c. CHAP. XVII The third way of Argument for Infallibility viz. by Reason three
Succession except their own and appropriating all Original Jurisdiction to themselves And that which draws Sedition and Rebellion as the great aggravation of their Schism they Challenge a temporal Power over Princes either directly or indirectly Thus their Charge against us is Disobedience Our Charge against them is Usurpation and abuse of Power If we owe no such Obedience or if we have cause not to obey we are acquitted If the Pope have both power and reason of his side we are guilty If he fail in either the whole weight of Schism with all its dreadful Consequences remains upon him or the Court of Rome The Conclusion TThus we see the Controversie is broken into two great points 1. Touching the Papal Authority in England 2. Touching the Cause of our denying Communion in some things with the Church of Rome required by that Authority Each of these I design to be the matter of a distinct Treatise This first Book therefore is to try the Title The Sum of this first Treatise betwixt the Pope and the Church of England Wherein we shall endeavour impartially to examine all the Pleas and Evidences produced and urged by Romanists on their Masters behalf and shew how they are answered and where there appears greatest weight and stress of Argument we shall be sure to give the greatest diligence Omitting nothing but vnconcluding impertinencies and handling nothing lightly but colours and shadows that will bear no other Now to our Work CHAP. II. An Examination of the Papal Authority in England Five Arguments Proposed and briefly reflected on THis is their Goliah and indeed their whole Army if we rout them here the day is our own and we shall find nothing more to oppose us but Skirmishes of Wit or when they are at their Wits end fraud and force as I am troubled to observe their Use hath been For if the See of Rome hath no just claim or Title to govern us we cannot be obliged to obey it and consequently these two things stand evident in the light of the whole world We are no Schismaticks though we deny obedience to the See of Rome seeing it cannot justly challenge it 2dly Though we were so yet the See of Rome hath no power to consure us that hath no power to govern us And hereafter we shall have occasion further to conclude that the Papal Authority that hath nothing to do with the English Church and yet rigorously exacts our obedience and censures us for our disobedience is highly guilty both of Ambition in its unjust claim and of Tyranny in unjust execution of an usurped power as well in her Commands as Censures which is certainly Schism and aliquid ampliùs They of the Church of Rome do therefore mightily bestir themselves to make good their claim without which they know they can never hope either to gain us or secure themselves I find five several Titles pretended though methinks the power of that Church should be built but upon one Rock 1. The Pope being the means of our first Conversion as they say did thereby acquire a Right 1. Conversion for himself and successors to govern this Church 2. England belongs to the Western Patriarohate 2. Patriarch and the Pope is the Patriarch of the West as they would have it 3. Others found his Right in Prescription and 3. Prescription long continued possession before the Reformation 4. Others flee much higher and derive this 4. Infallibility power of Government from the Infallibility of the Governor and indeed who would not be led by an unerring Guide 5. But their strong hold to which at last resort 5. Succession is still made is the Popes Vniversal Pastorship as Successor to St. Peter and supreme Governor not of Rome and England only but of the whole Christian World Before we enter upon trial of these severally we shall briefly note that where there are many Titles pretended Right is justly suspected especially if the Pretences be inconsistent 1. Now how can the Pope as the Western Patriarcb or as our first Converter pretend to be our Governor and yet at the same time pretend himself to be universal Bishop These some of our suttlest Adversaries know to imply a contradiction and to destroy one another 2. At first sight therefore there is a necessity on those that assert the universal Pastorship to wave the Arguments either from the Right of Conversion or the Western Patriarchate or if any of them will be so bold as to insist on these he may not think the Chair of St. Peter shall be his Sanctuary at a dead lift 3. Also for Possession what need that be pleaded if the Right be evident Possession of a part if the Right be universal unless by England the Pope took livery and Seisen for the whole world Besides if this be a good plea it is as good for us we have it and have had it time out of mind if ours have not been quiet so neither was theirs before the Reformation 4. For Infallibility that 's but a Qualification no Commission Fitness sure gives no Authority nor desert a Title and that by their own Law otherwise they must acknowledge the Bishops of our Church that are known to be as learned and holy as theirs are as good and lawful Bishops as any the Church of Rome hath Thus we see where the Burthen will rest at last and that the Romanists are forced into one only hold One great thing concerns them to make sure or all is lost the whole Controversir is tied to St. Peters Chair the Supremacy of the Pope must be maintained or the Roman and Catholick are severed as much as the Church of England and the Church of Rome and a great breach is made indeed but we are not found the Schismaticks But this is beside my task Lest we should seem to endeavour an escape at any breach all the said five Pleas of the Romanists shall be particularly examined and the main Arguments and Answers on both sides faithfully and exactly as I can produced And where the Controuersie sticks and how it stands at this day noted as before we promised CHAP. III. Of the Popes Claim to England from our Conversion by Eleutherius Gregory THis Argument is not pressed with much confidence in Print though with very much in Discourse to my own knowledge Perhaps 't is rather popular and plausible than invincible Besides it stands in barr against the Right of St. Peter which they say was good near six hundred years before and extends to very many Churches that received grace neither by the means of St. Peter or his pretender Successor except they plead a right to the whole Church first and to a part afterwards or one kind of right to the whole and another to a part The truth is if any learned Romanist shall insist on this Argument in earnest he is strongly suspected either to deny or question the Right of St. Peter's Successor
so great a Matter in the Church required a Council both of the Eastern and Western Bishops Vid. P. de Marca l. 7. c. 4. s. 6. But saith Dr. Still when we consider with what heat and stomach this was received by the P. 401. Q. ac Eastern Bishops how they absolutely deny that the Western Bishops had any more to do with their proceedings than they had with theirs When they say that the Pope by this Vsurpation was the cause of all the mischief that followed You see what an excellent instance you have made choice of to prove the Popes power of Restoring Bishops to be acknowledged by the whole Church Sure so far the Churches practice abroad could not prevail to settle his right of Jurisdion in the English Faith especially considering the Practice of our own Church in opposing the Letters and Legates of Popes for six years together for the Restoring of Arch-Bishop Wilfred by two of our own successive Kings and the whole State of England Ecclesiastical and Civil as appeared above Moreover St. Cyprian professeth in the Council of Carthage neque enim quisquam c. for no one of us hath made himself Bishop of Bishops or driven his Fellow Bishops to a necessity of Obedience Particularly relating to Stephen then Bishop An. 258. n. 24. of Rome as Baronius himself resolves But upon a matter of Fact St. August gave his St. August own judgment both of the Popes Power and Action in that known case of the Donatists First they had leave to be heard by foreign Bishops 2. Forti non debuit yet perhaps Melciades the Bishop of the Roman Church ought not to ufurp to himself this Judgment which had been determined by seventy African Bishops Tigisitanus sitting Primate 3. St. Augustine proceeds and what will you say if he did not usurp this Power For the Emperor being desired sent Bishops Judges which should sit with him and determine what was just upon the whole cause So that upon the whole 't is easily observed that in St. Augustines judgment both the Right and the Power by which the Pope as the rest proceeded was to be resolved to the Emperor as a little before ad cujus curam to whose care it did chiefly belong de qua rationem Deo redditurus est of which he was to give account to God Could this consist with the belief of the Popes universal Pastorship by Divine Right if there can possibly after so clear evidence need Vid. Dr. Ham. disp p. 398. c. Still Rationale p. 405. more to be said of St. Augustines judgment in this it is only to refer you to the Controversies between the African Bishops and the Bishop of Rome in case of Appeals SECT VII Not the Sayings of Ancient Popes or Practice Agatho Pelagius Gregory Victor VVE can find nothing in the ancient Canons or ancient practice to ground Popes claimed a belief of the Popes Authority in England upon yet sure Popes themselves claimed it and used Expressions to let us know it Were it so indeed experience tells us how little Popes are to be believed in their own cause and all reason persuades us not to believe them against the Councils and Practice of the Church and the judgment of the Fathers But some of the ancient Popes have been found so honest as to confess against themselves and acknowledge plain truth against their own greatness The Popes universal headship is not to be believed from the words of Pope Agatho in his Agatho Letter to the Emperor where St. Paul stands as high as St. Peter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Con. To. 2. p. 61. B. both are said by him to be heads or chief of the Apostles Besides he expresly claimed only the Western Patriarchate But Pope Pelagius the Second is more plain Pelagius and home to Rome it self Nec etiam Romanus Pontifex universalis est appellandus the Pope of Decret p. 1. dis 99. n. 10. Rome is not to be called universal Bishop This was the opinion of that Pope of Rome himself as it is cited out of his Epistle and put into the Body of the Law by Gratian now one would think that the same Law denied the Power that denied the Title properly expressing that Power How triflingly doth S. W. object these words are not found in the Council of Carthage while they are found in the Corpus Juris the Law now of as much force at Rome as that Council 'T is weaker to say they are Gratians own Addition seeing his Addition is now Law and also proved to be the Sense of the Pope Pelagius in his Epistle he saith let none of the Patriarchs ever use the name of Vniversal applying in the conclusion to himself being then Pope as one of that Number and so if he were either Pontifex Maximus or a Patriarch and neither himself nor any Patriarck might be Dr. Ham. disp disp p. 418 419. called Vniversalis then sure nothing was added by him that said in his Title to the fourth Chapter as Gratian did Nec etiam Pontifex not even the Bishop of Rome must be called Vniversal Bishop But what shall be said to Saint Gregory who Gregory in his Epistle to Eulogius Bishop of Alexandria tells him that he had prohibited him to call him Vniversal Father that he was not to do Epis ex Reg. l. 8. indic 1. c. 30. c. 4. ind 13. c. 72 76. it that reason required the contrary that it 's derogatory to his Brethren that this honour had by a Council that of Calcedon been offered to his Predecessors but refused and never used by any Again higher he tells Mauritius fidenter dico who ever calls himself Vniversal Priest or L. 7. Ep. 30. desires to be so called is by his pride a Forerunner of Antichrist his pride is an Indication of Antichrist approaching as he saith to the Lib. 4. Ep. 38. Empress l. 4. Ep. 34. Yea an Imitation of none but the Devil endeavouring to break out to the top of Singularity as he saith to John himself yea elsewhere he calls this Title the name of Blasphemy and saith that those that Ibid. Ep 32 40. consent to it do fidem perdere destroy the Faith A strong Title that neither Saint Gregory nor as he saith any one of his Predecessors no Pope that went before him would ever accept of and herein saith he I plead not my own Ibid. Ep. 32. cause but the cause of God of the whole Church of the Laws the Venerable Councils the Commands of Christ which are all disturbed with the invention of this proud pompatick stile of Vniversal Bishop Now can any one imagine except one prejudiced as S. W. that the Power is harmless when the Title that doth barely express it is so develish a thing Can any one imagine that Saint Gregory knew himself to be that indeed which in Word he so much
it could not possibly be intended to carry in it the Authority of the whole Church or any more than that qualified sence of Vigorius before mentioned because other Patriarchs had the same Title and we see no reason to believe that that Council intended to subject themselves and all Patriarchs to the Authority of the Western Pope contrary to their great design of advancing the See of Constantinople to equal priviledges with that of Rome as appears by their 16 Sess Can. 28. and their Synodical Epistle to Pope Leo. Thus the bare Title is no Argument and by what hath been said touching the grandure of the Roman Empire and the answerable greatness and renown of the Roman Church frequent recourse had unto it from other Churches for counsel and assistance is of no more force to conclude her Supremacy nor any matter of wonder at all Experience teacheth us that it is and will be so in all cases not only a renowned Lawyer Physician but Divine shall have great resort and almost universal addresses An honest and prudent Countryman shall be upon all Commissions the Church of Rome was then famous both for Learning Wisdom Truth Piety and I may add Tradition it self as well as greatness both in the eye of the world and all other Churches and her Zeal and care for general good keeping peace and spreading the grace of the Gospel was sometimes admirable And now no wonder that Applications in difficult cases were frequently and generally made hither which at first were received and answered with Love and Charity though soon after the Ambition of Popes knew how to advance and hence to assume Authority From this we see it was no great venture Iren. l. 3. c. 3. how ever A. C. Term it for Arch-Bishop Laud to grapple with the Authority of Irenaeus who saith to this Church meaning Rome propter potentiorem Principalitatem for the more powerful Principality of it 't is necessary that every Church that is the faithful undique should have recourse in qua semper ab his qui sunt undique conservata estâ—ea quae est ab Apostolis traditio His Lordship seems to grant the whole Rome being then the Imperial City and so a Church of more powerful Authority than any other yet not the Head of the Church Vniversal this may suffice without the pleasant criticizing about undique with which if you have a mind to be merry you may entertain your self in Dr. Still p. 441. c. But indeed A. C. is guilty of many Mistakes in reasoning as well as criticizing he takes it for granted that this Principality is attributed by Irenaeus here to Rome as the Church not as the City 2. That the necessity arising hence was concerning the Faith and not secular Affairs neither of which is certain or in likelihood true vid. Dr. Still p. 444. Besides if both were granted the necessity is not such as supposeth Duty or Authority in the faithful or in Rome but as the sense makes evident a necessity of expedience Rome being most likely to give satisfaction touching that Tradition about which that dispute was Lastly the Principality here implies not proper Authority or Power to decide the Controversie one kind of Authority it doth imply but not such as A. C. enquired for not the Authority of a Governor but of a Conservator of a Conservator of that Truth that being made known by her might reasonably end the quarrel not of an absolute Governour that might command the Faith or the Agreement of the Dissenters This is evident 1. Because the Dispute was about a matter of Fact whether there was any such Tradition or not as the Valentinians pretended 2. Because Irenaeus refers them to Rome under this reason conservata est the Apostolical Traditions are kept there being brought by the faithful undique thither and therefore brought thither because of the more Principality of the City all persons resorted thither Lastly It is acknowledged that Pope Gregory Obj. Eph. 65. ind 2. doth say that if there be any fault in Bishops it is subject to the Apostolical See but when their fault doth not exact it that then upon the account of Humility all were his Equals Indeed this smells of his ambition and design Sol. before spoken of but if there be any truth in it it must agree with the Canon Saint Gregory himself records and suppose the faulty Bishop hath no proper Primate or Patriarch to judge him also with the proceeding then before him and suppose Complaint to the Emperor and the Emperor's subjecting the Cause to the Apostolical See as that Cause was by Saint Gregory's own Confession However what he seems here to assume to his own See he blows away with the same breath denying any ordinary Jurisdiction and Authority to be in that See over all Bishops while he supposes a fault necessary to their subjection and that while there is no fault all are equall which is not true where by a lawful standing ordinary Government there is an eternal necessity of Superiority and Inferiority But of this I had spoken before had I thought as I yet do not that there is any weight or consequence in the words Further Evidence that the Ancient Popes themselves though they might thirst after it did not believe that they were Vniversal Bishops and Monarks over the whole Church and that they did not pretend to it in any such manner as to make the World believe it I say further evidence of this ariseth from their acknowledged subjection to the Civil Magistrate in Ecclesiastical Affairs Pope Leo begged the Emperor Theodosius with tears that he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he would Command not permit a Council to be held in Italy that sure was not to signifie his Authoritative desires That Instance of Pope Agatho in his Epistle to the Emperor is as pertinent as the former 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. with praise we admire your Conc. Tom. 5. p. 60. E. F. purpose well pleasing to God not to the Pope and for these Commands of yours we are rejoyced and with groans give thanks to God and many such Doctor Hammond saith might be afforded Pope Gregory received the power of hearing and determining Causes several times as he himself confesseth from the Emperor as we shewed before Hence Pope Eleutherius to King Lucius you are the Vicar of Christ the same in effect which is contained in the Laws of Edward the Confessor And Pope Vrban the Second entertained our Arch-bishop Anselm in the Council of Bar with the Title of the Pope of another World or as some relate it the Apostle of another World and a Patriarch worthy to be reverenced Malm. pro. ad lib. de gest pont Angl. Now when the Bishops of Rome did acknowledge that the Civil Magistrate had power to command the assembling of general Councils and to command Popes themselves to hear and determine Ecclesiastical Causes when they acknowledged the King of England
the Nicene Canons they were contented to yield that it should be so till the true Canons were produced Now what can the Reader desire to put an eternal end to this Controversie and consequently to the claim of the universal Pastor in this Age but an account of the Judgment of this Council when they had received the Copy of the Nicene Canons on which the point depended out of the East This you have in that excellent Epistle of theirs to Pope Celastine who succeeded Boniface and the elaborate Dr. Stillingfleet who searcheth R. ac p. 410 411. all things to the bottom hath transcribed it at large as a worthy Monument of Antiquity and of very great light in the present Controversie To him I shall refer the Reader for the whole and only note some few expressions to the purpose We say they humbly beseech you to admit no more into your Communion those whom we have cast out For your Reverence will easily perceive that this is forbid in the Council of Nice For if this be taken care for as to the inferior Clergy and Laity how much more would it have it to be observed in Bishops The Decrees of Nice have subjected both the inferior Clergy and Bishops to their Metropolitans for they have most wisely and justly provided that every business be determined in the place where it begun Especially seeing that it is lawful to every one if he be offended to appeal to the Council of the Province or even to an universal Council Or how can a Judgment made beyond the Sea be valid to which the Persons of necessary Witnesses cannot be brought by reason c. For this sending of men to us from your Holiness we do not find it commanded by any Synod of the Fathers And as for that Council of Nice we cannot find it in the truest Copies sent by holy Cyril Bishop of Alexandria and the venerable Atticus Bishop of Constantinople which also we sent to your Predecessor Boniface Take heed also of sending any of your Clerks for Executors to those who desire it lest we seem to bring the swelling pride of the World into the Church of Christ and concerning our brother Faustinus Apiarius being cast out we are confident that our brotherly Love continuing Africa shall no more be troubled with him This is the sum of that famous Epistle the Pope and the African Fathers referred the point in difference to the true Canons of the Nicene Council The Canons determine against the Pope and from the whole story 't is inferred evidently 1. That Pope Boniface himself implieth his Jurisdiction was limited by the general Council of Nice and that all the Laity and Clergy too except Bishops that lived beyond the Seas and consequently in England were exempted from his Jurisdiction by that Council 2. Pope Boniface even then when he made his claim and stood upon his terms with the African Fathers pleads nothing for the appeals of transmarine Bishops to Rome but the allowance of the Council of Nice no tu es Petrus then heard of 3. Then it seems the practices of Popes themselves were to be ruled and judged by the ancient Canons and Laws of the Church 4. The African Fathers declared the Pope fallible and actually mistaken both to his own power and sense of the Council Proving substantially that neither Authority from Councils nor any foundation in Justice Equity or order of Government or publick Conveniency will allow or suffer such Appeals to Rome and that the Pope had no authority to send Legates to hear causes in such cases All these things lye so obviously in prejudice both of the Popes Possession and Title as universal Pastor at that time both in his own the Churches sence that to apply them further would be to insult which I shall forbear seeing Baronius is so ingenious as to confess there are some hard things in this Epistle And Perron hath hereupon exposed his Wit with so much sweat and so little purpose but his own Correction and Reproach as Dr. Still notes Yet we may modestly conclude from this one plain instance that the sence of the Nicene Council was defined by the African Council to be against the Popes Supremacy and consequently they did not submit to it nor believe it and a further consequence to our purpose is that then the Catholick Church did not universally own it i. e. the Popes Supremacy then had not Possession of the faith of the whole Church For as A. C. p. 191. maintains the Africans notwithstanding the contest in the sixth Council of Carthage were always in true Communion with the Roman Church even during the term of this pretended Separation And Caelestine himself saith that St. Augustine one of those Fathers lived and dyed in the Communion of the Roman Church SECT IX The Conclusion touching Possession Anciently VVE hope it is now apparent enough that the Popes Supremacy had no possesion in England from the beginning or for the first six hundred years either de facto or in fide Our Ancestors yielded not to it they unanimously resisted it and they had no reason to believe it either from the Councils or practice of the Church or from the Edicts and Rules of the imperial Law or the very sayings of the Popes themselves Thus Sampson's Hair the strength and Pomp of their best Plea is cut off The foundation of the Popes Supremacy is subverted and all other pleas broken with it If according to the Apostles Canons every Nation had its proper Head in the beginning to be ackonwledged by them under God And according to a general Council all such Heads should hold as from the beginning there can be no ground afterwards for a lawful possession to the contrary If tu es Petrus pasce Oves have any force to maintain the Popes Supremacy why did not the ancient Fathers the Authors of those Canons see it Why was not it shewn by the Popes concerned in bar against them when nothing else could be pleaded When both Possession and Tradition were to be begun and had not yet laid their Foundation Yea when actual opposition in England was made against it when general Councils abroad laid restraints upon it and the Eastern Church would not acknowledge it Indeed both Antiquity Universality and Tradition it self and all colour of Right for ever fails with possession For Possession of Supremacy afterwards cannot possibly have either a divine or just Tâ—â— but must lay its Foundation contrary to Gods Institution and Ecclesiastical Canon And the Possessor is a Thief and a Robber our Adversaries being Judges He invades others Provinces and is bound to Restore And long Possession is but a protracted Rebellion against God and his Church However it be with the secular Powers Christs Vicar must certainly derive from him must hold the power he gave must come in it at his door And S. W. himself P. 50 against Dr. Hammond fiercely affirmeth That Possession in this
Kings leave First he was told by the Bishops as well as Lay-Lords that it was a thing unheard of and altogether against the use of the Realm for any of the great men especially himself to presume any such thing without the Kings Licence Notwithstanding he would and did go but what followed His Bishoprick was seiz'd into the Kings hand And the Pope durst not or thought not good to give him either Consilium or Auxilium as Sir Rog. Twisd p. 11. 12. makes appear out Eadmer p. 20 26 38 39 53. In the dispute the King told Anselm the Pope had not to do with his Rights and wrote that free Letter we find in Jorvalensis Col. 999 30. and upon the ambiguous answer of the Pope the King sent another letter by Anselm himself to Rome who spake plainly his Master nec amissione Eadem 73. 13. Regni c. for the loss of his Kingdom he would not lose the investiture of his Churches But Anselm as Arch-Bishop took the Oath Obj. that was appointed by the Pope to be taken at the receiving of the Pall which allowed his Power to receive Appeals 'T is true but Pope Paschalis himself who Ans devised that Oath acknowledgeth that it was as Anselm signified to him not admitted but wondred at and lookt on as a strange innovation both by the King and the great men of the Kingdom Baron an 1102. nu 8. The King pleaded the Fundamental Laws and customs of the Land against it it is a custom of my Kingdom instituted by my Father that no Pope may be appealed unto without the Kings licence He that takes away the customs of the Kingdom doth violate the Power and Crown of the King And 't is well noted by Arch-Bishop Bramhall Malms l. 1. degest Pont. Ang. that the Laws established by his Father viz. William the Conqueror were no other than the Laws of Edward the Confessor that is to say the old Saxon Laws who had before yielded to the â—â— Hen. 2. request of his Barons as Hoveden notes to confirm those Laws But though Anselm had obliged himself by the said Oath to the Pope yet the rest of the Bishops refused the Yoke and thereupon Malmsâ— tells us in his c. that in the execution of these Malm. ibid. things all the Bishops of England did deny their Suffrage to their Primate Consequently the Vnanimity of the whole Realm appeared in the same Point in the Reign of this Kings Grandchild in the Statute of Clarendon confirming the former Brittish Math. Par. 1164. Hoved. in Hen. 2. English custom not only by their consents but their Oaths wherein generally every man is interdicted to appeal to Rome This Statute of Clarendon was made when Popery seemed to be at the height in England It was made to confirm the Customs and Liberties of Henry the Seconds Predecessors that is to say as the words of the Statute are his Grandfather Henry the first Son of the Conqveror and other Kings Now the Customs of England are our common Laws and the customs of his Predecessors were the Saxon Danish and Norman Laws P. 73. and therefore ought to be observed of all as my Lord Bramhall reasons What these customs were I may shew more largely hereafter at present this one is pertinent All appeals in England must proceed regularly from the Arch-Deacon to the Bishop from the Bishop to the Arch Bishop and if the Arch-Bishop fail to do his duty the last must be to the King to give order for redress that is by fit delegates In Ed. the Thirds time we have a plain Law to 27 Ed. 3. c. 1. the same purpose in these words Whosoever should draw any of the Kings Subjects out of the Realm in plea about any caufe whereof the Cognizance belongeth to the Kings Court or should sue in any foreign Court to defeat any Judgment given in the Kings Court viz. by appealing to Rome they should incur the same penalties and upon the same ground the body of the Kingdom would not suffer Edward the First to to be cited before the Pope 'T is confest that in the Laws of Hen. 1. 't is granted that in case a Bishop erring in Faith and Obj. on Admonition appearing incorrigible ad summos Pontifices the Arch-Bishops vel sedem Apostolicam accusetur which passage as Sir Ro Twisden guesses was inserted afterwards or the grant gotten by the importunity of the then Pope But the same learned Mans Note upon it is Ans P. 32. that this is the only Cause wherein I find any English Law approve a foreign Judicature 'T is plain Anselm's Appeal now on foot was disapproved by the whole Kingdom 't is evident that this Clause was directly repugnant to the Liberties and Customs of the Realm upon which Anselm's Appeal was so ill resented 'T is manifest in those days and after appeals to Rome were not common yea this very Pope Paschalis complains to this King Vos oppressis Apostolicae sedis appellationem substrahitis Eadm p. 113 3. which was an 1115. and that they were held a cruel intrusion on the Churches Liberty so as at the Assize at Clarendon 1164. this Law if it were so was annulled and declared to be contrary to the liberties and customs of the Realm the eighth Chapter whereof is wholly spent in shewing the Right of the Kingdom in this point quod non appellaretur for any Cause ad sedem Apostolicam without leave had first from the King and his Officials as Joh. Sarisb interprets Ep. 159. p. 254. Indeed the King did personally yield afterwards an 1172. not to hinder such appeals in Obj. Ecclesiastical Causes But the whole Kingdom four years after would Ans not quit their interest but did again renew the assize of Clarendon 1176. using this close expression Justitiae faciant quaerere per consuetudinem Hoved. f. 314. b. 3. terrae illos qui a regno recesserunt nisi redire voluerint stare in curia domini Regis â— legentur c. as Gervase also notes au 1176. Col. 1433. 19. Accordingly was the practice during K. Rich. the seconds time Geffrey Arch-Bishop of York was complained of that he did not only refuse Appeals to Rome but imprisoned those that made them and though upon that complaint a time was assigned to make his defence to the Pope yet he refused to go because of the Kings Prohibition and the indisposition of the Air. After this upon a difference with the King the Arch-Bishop went to Rome and made his peace with the Pope and returns but the King offended with it committed the care even of the spirituals of his Arch-Bishoprick to others till he had reconciled himself to the Crown which was nere two years after about 1198. After this again he received complaint from Innocentius III. non excusare te potes c. Thou canst not excuse thy self as thou oughtest that Hov. an 1201. thou art ignorant
of the priviledge of Appeals to us seeing thou thy self has sometimes done the same And near about the same time as Twisden observes Robert Abbot of Thorney deposed by Hubert Arch-Bishop was kept in Prison a year and an half without any regard had to his appeal Hov. f. 430. b. 37. made to the Pope Indeed that Pope Innocent the Third and his Obj. Clergy great instruments in obtaining Magna Charta from that Prince had got that clause inserted liceat unicuique it is lawful for any one to go out of our Kingdom and to return nisi in tempore Guerrae per aliquod breve tempus After which saith Twisden it is scarce imaginable how every petty cause was by appeals removed to Rome which did not only cause Jealousie at Rome that the grievance would not long be born and put the Pope in prudence to study and effect a mitigation by some favourable priviledges granted to the Arch-Bishoprick but it did also awaken the King and Kingdom to stand upon and recover their ancient liberty in that point Hereupon the Body of the Kingdom in their Matth. Par. p. 668. 3. querelous Letter to Innocent the fourth 1245. or rather to the Council at Lions claim that no Legate ought to come here but on the King's desire ne quis extra Regnum trahatur in Causam which Math. Par. left out but is found in Mr. Roper's M. S. and Mr. Dugdale's as Sir Roger Twisden observes agreeable to one of the Gravamina Angliae sent to the same Pope 1246. viz. quod Anglici extra Regnum in Causis Apostolica Authoritate trahuntur Therefore it is most remarkable that at the revising of Magna Charta by Edw. 1. the former clause liceat unicuique c. was left out Since which time none of the Clergy might Reg. 193. Coke Inst 3. p. 179. 12 R. 2. c. 15. go beyond Seas but with the King's leave as the Writs in the Register and the Acts of Parliament assure us and which is more if any were in the Court of Rome the King called them home The Rich Cardinal and Bishop of Winchester knew the Law in this case and that no man was so great but he might need pardon for the offence and therefore about 1429. caused a Petition to be exhibited in Parliament that neither himself nor any other should be troubled by the King c. for cause of any provision or offence done by the said Cardinal against Rot. Parl. 10 Hen. 6. n. 16. any Statute of Provisions c. this was in the Eighth of Henry the Sixth and we have a plain Statute making such Appeals a premunire in Edward 9 Ed. 4. 3. the Fourth Sir Roger Twisden observes the truth of this barring Appeals is so constantly P. 37. averred by all the Ancient Monuments of this Nation as Philip Scot not finding how to deny it falls upon another way that if the Right of Appeals were abrogated it concludes not the See of Rome had no Jurisdiction over this Church the Concession gives countenance to our present enquiry the consequence shall be considered in its proper place What can be further said in pretence of a quiet possession of Appeals for nine hundred years together since it hath been found to be interrupted all along till within one hundred years before Hen. 8. Especially seeing my Lord Bramhall hath made it evident by clear Instances that it is the Vnanimous Judgment of all Christendom that not the Pope but their own Sovereigns in their Councils are the last Judges of their National Liberties vid Bramh. p. 106. to 118. SECT II. Of the Pope's Possession here by his Legates Occasion of them Entertainment of them IT is acknowledged by some that citing Englishmen to appear at Rome was very inconvenient therefore the Pope had his Legates here to execute his Power without that inconvenience to us How the Pope had possession of this Legantine Power is now to be enquired The Correspondence betwixt us and Rome at first gave rise to this Power the Messengers from Rome were sometimes called Legati though at other times Nuncii After the Erection of Canterbury into an Arch-Bishoprick the Arch-Bishop was held quasi Alterius Orbis Papa as Vrban 2. stiled him he exercising Vices Apostolicas in Anglia Malms f. 127. 15. that is used the same Power within this Island the Pope did in other Parts Consequently if any question did arise the determination was in Council as the deposing Wigorn. An. 1070. Stygand and the setling the precedency betwixt Canterbury and York The Instructions mentioned of Henry the First say the Right of the Realm is that none should be drawn out of it Authoritate Apostolicâ and do assure us that our Ancient Applications to the Pope were Acts of Brotherly Confidence in the Wisdom Piety and Kindness of that Church that it was able and willing to advise and assist us in any difficulty and not of obedience or acknowledgment of Jurisdiction as appear by that Letter of Kenulphus c. to Pope Leo the Third An. â—797 Malms de Reg. l. 1. f. 16. quibus Sapientiae Clavis the Key of Wisdom not Authority was acknowledged therein Much less can we imagine that the Pope's Messengers brought hither any other Power than that of Direction and Counsel at first either to the King or Arch-Bishop the Arch-Bishop was nullius unquam Legati ditioni addictus Therefore none were suffered to wear a Miter within his Province or had the Crecier carried nor laid any Excommunication upon this ground in Diaecesi Archiepiscopi Apostolicam non tenere Sententiam Gervas Col. 1663. 55. An. 1187. Col. 1531. 38. The Church of Cant. being then esteemed omnium nostrum Mater Communis sub sponsi Jesu Christi dispositione ibid. True the Pope did praecipere but that did not argue the acknowledgment of his Power so John Calvin commanded Knox the question Knox Hist Scot. 93. is how he was obeyed 't is certain his Precepts if disliked were questioned Eadm p. 92. 40. opposed Gervas Col. 1315. 66. and those he sent not permitted to medle with those things they came about ibid. Col. 1558. 54. But Historians observe that we might be Occasion of Legates wrought to better temper some Persons were admitted into the Kingdom that might by degrees raise the Papacy to its designed height these were called Legates but we find not any Courts kept by them or any Power exercised with effect beyond what the King and Kingdom pleased which indeed was very little The Pope's Legate was at the Council touching the precedence of the Arch-Bishops but he subscribed the sixteenth after all the English Bishops and not like the Pope's Person or Proctor as Sir Roger Twisden proves p. 20. The first Council wherein the Pope's Legate preceded Arch-Bishops was that of Vienna a little more than three hundred years agon viz. 1311. as the same Author observes wherein he looked like the
Primacy of Presidentship in Assemblies as the Mouth and Moderator or the Head of Vnity and Order as Jerom means but 't is not to be proved from any or all of these Encomiums that the Fathers believed that the other Apostles were under Saint Peter as their Governour or that he had any real Power given him by Christ more than they The Words of Saint Cyprian are plain and full albeit Christ saith he gave equal Power to 1. St. Cyp. de Unit. Eccl. all the Apostles after his Resurrection and said as my Father c. yet to declare Vnity he disposed by his Authority the Original of that Vnity beginning in one no doubt saith he the rest were the same that Peter was endued with the like fellowship pari Consortio of Honour and Power but the beginning doth come from Vnity that the Church of Christ may be shewed to be but one Thus this Topick of the Fathers expounding the Text being found to fail another device and such a one as the very detection both answers and shames the Authors is fled unto viz. to corrupt instead of purging the Fathers and to make them speak home indeed The place of Saint Cyprian just now set is a In Opusc Contr. Graec. very clear instance of this black Art allowed by the Popes themselves the place in the former Prints was as it is set down in the Roman-purged Cyprian is thus altered by addition of these words And the Primacy is given to Peter Again he appointed one Church and the Chair to be one and to make all sure the Antwerp Cyprian addeth conveniently Peter's Chair And then saith he who forsaketh Peter's Chair on which the Against Hart. Church was founded c. And by this time Peter's Primacy is the Popes Supremacy Vid. Dr. Rayn p. 210 211. But Tho. Aquinas hath dealt worse with St. Cyril Fathering a Treasure upon him which he never owned beyond all tolerable defence To the Grecians St. Cyril is brought in speaking thus Christ did commit a full and ample power both to Peter and his Successors The Apostles in the Gospels and Epistles have affirmed in every Doctrine Peter and his Church to be instead of God and to him even to Peter all do bow by the Law of God and the Princes of the World are obedient to him even as to the Lord Jesus and we as being Members must cleave unto our Head the Pope and Apostolick See c. Now either St. Cyril said thus or not If he did who will believe him that shall make such Stories and Father them upon every Doctrine in the New Testament contrary to common sence and the knowledge of all or trust his cause to the interpretation of such Fathers But if this Book called St. Cyril's Treasure be none of St. Cyril's as certainly it is not then though I am provoked I shall say no more but that we should weigh the Reasons but not the Authority of such a Schoolman especially in his Masters Cause 'T is certain the words are not to be found in those parts of Cyril's Treasure which are Extant as Hart acknowledgeth to Dr. Raynolds Yet the abuse of single Fathers is not so hainous Ibid. a thing as Thomas committed against 600 Bishops even the General Council of Calcedon when he saith they decreed thus If any Bishop be accused let him appeal freely to the Pope of Rome because we have Peter for a Rock of Refuge and he alone hath Right with freedom of Power in the stead of God to Judge and Try the crime of a Bishop according to the Keys which the Lord did give him calling the Pope the Holy Apostolick and universal Patriarch of the whole World Now in that Council there is not a word of all this and they answer Hereticks have rased it out if you will believe it but neither Surius nor Caranza find any thing wanting I shall only make this Note that seeing the Fathers have been so long in the hands of those men that stick at nothing that may advance the Power of their Master 'T is no wonder that their learned Adversaries are unwilling to trust their cause with such Judges but rather appeal to the true Canon and call for Scripture One would think this were enough but this Opinion of the equality of Power among the Apostles was not only the concurrent Judgment of the Ancients but even of learned later men in the Church of Rome even from these words Tues Petrus c. upon unanswerable Reason Lyra on Matth. 16. Durand a St. Porciano in 4 Cent. dist 18. q. 2. both in the 14 Cent. and Abulensis in the In Matth. 18. q. 7. In Matth. 20. q. 83 84. 15 Cent. the latter argues earnestly that none of the Apostles did understand those words of Christ to give any Supremacy to Peter for afterwards they contended for Superiority Matth. 18. and after that the two Sons of Zebedee desire it Matth. 20. and at the last Supper the question is put again Luke 22. Therefore he concludes they thought themselves equal till Christs death when they knew not which of them should be greatest Cusanus his contemporary de concord Cath. l. 2. c. 13. and 34. and Fran. Victoria This was the interpretation of all the Doctors of Paris Bin. Conc. an 1549. and of Adulphus Arch-Bishop of Cologne and of the Bishops of his Province the Decrees of whose Synod with this interpretation were ratified in every point by Charles the Fifth and enjoyned to be observed Thus the chief ground of St. Peter's Supremacy is sunk and there is little hopes that any other Text will hold up that weighty super-structure Another Scripture much insisted on for the 3. Joh. 21. 14 c. support of St. Peter's Supremacy is Joh. 21. 14 15 16. Peter lovest thou me feed my Sheep feed my Lambs Wherein is committed to Peter the power of the whole Church 'T is answered this Text gives not any Commission Ans or power to St. Peter it gives him charge and Commandment to execute his Commission received before Now it hath appeared sufficiently that the Commission was given equally to all the Apostles in those words as my Father sent me so send I you c. so that the power of feeding and the Duty of Pastors was alike to them all though this Charge was given to Peter by name here with so many Items perhaps intimating his repeated Prevarications yet were they all sent and all charged with a larger Province than these words to Peter import Teach all Nations Preach the Gospel to every Creature are our Saviours charge to them all In the Apostolick Power all were equal saith Obj. Hart not in the Pastoral Charge We answer with a distinction allowed by Ans Stapleton of the Name Pastor 't is special and distinct from Apostle Some Apostles some Eph. 4. Pastors or general and common to all commission'd to preach the Gospel So Christ is called Pastor and all
a plain answer to all obscure passages in those Fathers to the contrary Besides whatever private opinion any of them might seem to intimate on the Popes behalf before 't is certain it can have no Authority against the sence and sentences of General Councils which soon after determined against him as hath appeared in every one of them in so express and indisputable terms in the very body of the Canons that it is beyond all possible hopes to support their cause from any circumstantial Arguments touching those Councils Yet these also shall now be considered in their order SECT II. Objections touching the Council of Nice answered LEt us begin with the Council of Nice consisting 1. General of 318 Bishops which is found so plain in two special Canons the one forbidding Appeals and the other limiting the Jurisdiction of the Provinces according to Custom against the Papal Supremacy that one would think nothing could be objected But Bellarmine will say something that was never said before He saith the Bishop of Alexandria should Obj. 1 have those Provinces because the Bishop of Rome was accustomed to permit him so to do We have given full answer to this before but Ans a learned Prelate of ours hath rendred it so senceless Morton grand impost p. 132 c. and shameless a gloss in so many and evident instances that I cannot forbear to give the sum of what he hath said that it may further appear our greatest Adversaries are out of their Wits when they pretend a fence against the Canons After the non-sence of it he shews its impudence against the Sun-shine Light of Story and Grammer because it is so evident that the words because the Bishop of Rome hath the same Custom are words of Comparison betwixt Alexandria and Rome in point of ancient Priviledge both from the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and three Editions now entred into the body of the Councils by their own Binius wherein the words are because the Church of Rome hath the like Custom Yet this were modesty Did they not know saith he that the Council of Calcedon did against the Will of the Pope advance the priviledge of Constantinople upon this ground of Custom The matter is so plain that 〈◊〉 own Cardinal Cusan concord Catho li. 2. cap. 12. concludes thus We see how much the Bishop of Rome by use and custom of Subjectional Obedience hath got at this day beyond the ancient Constitutions speaking of this very Council Bellarmine saith the beginning of that Canon in the vulgar Books is thus The Roman Church Obj. 2 semper habet primatum mos autem perduret The answer is 't is shameful to prefer one Ans vulgar Book before all other Greek or Latine Copies and before the Book of the Pope's decrees set out at Paris an 1559. or the Editions sent by two Patriarchs on purpose to give satisfaction in this Cause which Bellarmine himself acknowledgeth lib. 2. de Rom. Pont. c. 13. In none of all which the word Primacy is to be found and consequently is foisted into that vulgar book But what if it were the bare Primacy is not disputed in the sence given of it by the Council of Calcedon It behoves that the Arch-Bishop of Const new Rome be dignified with the same Primacy of Honour after Rome Prerogativam dignitatis Zozom l. 7. c. 9. SECT III. 2. Gen. Council Objections touching the Council of Constantinople Answered NExt to the Council of Constantinople being 2. General the second General let us hear what is objected They say themselves saith Bellarmine that Obj. 1 they were gathered by the mandate of Pope Damasus 1. What then suppose we should give the Ans Pope as the Head of Vnity and order the honour of convening General Councils and of sitting as President in them What 's this to the Supremacy of Government or what more than might be contained in the Primacy that is not now disputed 2. But Bellarmine himself confesseth that those words are not in the Epistle of the Council as all Mandates use to be but of certain Bishops that had been at the Council 3. 'T is recorded that the Mandate from the Vid. Theod. l. 5. c. 7. Zoz l. 7. c. 7. Neeeph l. 12. Emperor gathered them together the Testimony will have credit before the Cardinal 4. Indeed the Pope sent Letters in order to the calling this Conncil but far from Mandatory neither were they sent to the Eastern Bishops to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 require but to the Emperor Theodosius by way of Request for the obtaining Liberty to assemble a Synod Did he command the Emperor why did not Pope Leo afterwards command a general Council in Italy nearer home when he had intreated Theodosius for it with much importunity and could not obtain the time was not ripe for the Pope's Commands either of Emperors or Synods It is also said that the Council acknowledged Obj. 2 that the Church of Rome was the Head and they the Members in their very Epistle to Pope Damasus Bellarmine confesseth this is not in their Epistle Ans but the Epistles of the Bishops as before 2. If they had thus complemented the Pope it could not be interpreted beyond the Head of a Primate and their union with him in the same Faith 'T is evident enough they intended nothing less than a Supremacy of Power in that Head or subjection of Obedience in themselves as Members 3. This is evident in the very inscription of the Epistle which was not to Damasus only but joyntly to others thus Most Honourable and Reverend Brethren and Colleagues And the Epistle it self is answerable We declare our selves to be your proper Members but how That you Reigning we may Reign with you 4. The Sum is there were at this time two Councils convened by the same Emperor Theodosius both to one purpose this at Constantinople the other at Rome That at Rome was but a particular the other at Constantinople was ever esteemed a general Council Who now can imagine that the General was subject to the Particular and in that sence Members No the particular Church of Rome then was not the Catholick they humbly express their Communion We are all Christs who is not divided by us by whose grace we will preserve entire the body of the Church They did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as their word was their fellow Members which they stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their fellow Workers This second Canon against the Pope was never Obj. 3 Baron Binius received by the Church of Rome because Furtive as Baronius inter Acta relatus This is beyond all colour for the Bishops of Ans Rome opposed it as unfit yet never said it was forged Leo Gelasius Gregory all took it very ill but no one said it was false The Popes Legates also in the Council of Calcedon made mention of this Canon by way of Opposition but yet never offered at its being surreptitious But that which is instar
omnium in this Evidence is this the Fathers of the Council of Calcedon in their Letters to Pope Leo say that with mutual consent they confirmed the Canon of 150 Bishops at Const notwithstanding that his Bishops and Legates did dissent therefrom Now what if a few Histories do not mention this Canon which is all that remains to be said Socrates and Zozomon do and two positive Witnesses are better than twenty Negative Besides though it s much against the Hair of Rome yet it 's so evident that Gratian himself reports that Canon verbatim as Acted in that Council SECT IV. Objections against the Third General Council at Ephesus answered IT is said by Bellarmine that they confessed Obj. 1 they deposed Nestorius by the Command of Pope Celestine We answer that Command should appear in Ans 1 the Popes Letters to them but it doth not the stile of Command was not then in use for almost 200 years after Pope Gregory abhors it Li 7. Ep. 30. 2. The words intended are these tum Ecclesiae canonibus tum Epistolâ Patris Celestini Verb. Conc. de Nest l. 1. c. 4. Collegae nostri compulsi They were compelled both by the Canons and by his Letters therefore they did it by the Popes Command an excellent consequence from the part to the whole Indeed they first shew that they were satisfied both by his Words and Letters that he had deserved deposition and then acknowledge they ought by the Canons and no doubt would have deposed him as well as John of Antioch shortly after without the Popes Authority though they give this Complement to Celestine for his seasonable advice grounded upon the Canons and merits of the Cause But the Council say they durst not Judge Obj. 2 John Bishop of Antioch and that they reserved him to the Judgment of Pope Celestine Strange Bellarmine hence 1. Denies matter Ans of Fact mentioned in the very same Paragraph They durst not depose this Patriarch when they tell the Pope in terminis they had done it Se illum prius excommunicasse omni potestate sacerdotali exuisse What is this but Deposition 2. He hence concludes a wonderful Right that the Pope is absolutely above a General Council a conclusion denied by their own general Councils of Constance and Basil ever disclaimed by the Doctors of Paris as contrary to Antiquity and which no Council since the beginning of Christianity did expresly decree as Dr. Stapleton himself confesseth and therefore flies to Silence as consent Quamvis nullo decreto publico tamen tacito doctorum consensu definita c. doctr princ l. 13. c. 15. But all this is evidently against both the sence of the Council declared in this point and the reason of the Canon it self 1. They sufficiently declared their sence in the very Epistle alledged where speaking of the points constituted by the Pope We say they have judged them to stand firm wherofore we agree with you in one sentence and do hold them meaning Pelagius and others to be deposed So that instead of the Popes confirming Acts of Councils this Council confirms the Acts of the Pope whom indeed they plainly call their Colleague and Fellow-worker Epis Syn. 2. In the Acts or Canons their reason and very words establishing the Cyprian Priviledge as hath been shewn they bound and determine the power of Rome as well as other Patriarchates and certainly they therefore never intended to acknowledge the absolute Monarchy of the Pope over themselves by reserving John of Antioch to Celestine after they had deposed him they declare their own end plainly enough Villius temeritatem animi lenitate vinceremus that is as you have it in Binius Celestine might try whether by any reason he could bring him to a better mind that so he might be received into favour again SECT V. Objections touching the Fourth Fifth Sixth Seventh Eighth General Councils especially Touching the Fourth General Council of Calcedon answered Conclusion THis Council stiled the Pope Oecumenical Patriarch Obj. 1 Bellar. or Vniversal Bishop The Title was not given by the Council it self but by two Deacons writing to the Council and of Paschasius the Popes Legate in the Council 2. Though the Council did not question the form of the Title yet no one can think that they either intended to grant or acknowledge the Popes Vniversal Authority by such their silence For 't is incredible that the same Council which gave equal Priviledges to Constantinople should give or acknowledge an Vniversal Jurisdiction to Rome over the whole Church 3. But the words answer themselves Vniversali Archiepiscopo magnae Romae Universal Arch-Bishop Conc. Calc Act. 3. not of the whole Church but of Great Rome Which grand Restriction denies that Universal Power which they would argue from it◠The stile of the Roman Emperor is Vniversal Emperor of Rome and thus is distinguished from the Emperor of Turky and all others and denieth him to be the Emperor of the whole world Saith Binius in Annot in Conc. Calced Act 3. ex Obj. Baron The Title at first was the Bishop of the Vniversal Church because it is so read in the Epistle of Leo but was altered by some Greek Scribe in envy to the Church of Rome 'T is likely that a private man could or durst Ans alter the Stile of a General Council against the dignity of the Pope his Legate present but 't is more likely that some Latine Scribe hath added that Inscription to the Epistle of Pope Leo in honour of the Church of Rome as is confessed by Cusanus to have been done to the Epistle of Anacletus and by Baronius to have been done to the Epistle of Pope Boniface and by three other Popes themselves unto the Council of Nice viz. Zosimus Boniface and Celestinus And the rather because as was just now noted this Council at the same time honoured the Bishop of Constantinople with equal Priviledges to the Bishop of Rome Pope Leo opposed this Decree of the Council Obj. 3 and disclaimed it No wonder but it seems General Councils Ans were not always of the Popes mind and the Pope would then have had a greater Priviledge than a General Council and if that was a General Council as they themselves say it was the Controversie is ended For by their own confession this General Council made a Decree against the Popes pretences of Superiority and therefore it did not intend by the Title of Bishop of the whole Church to acknowledge that Superiority which he pretended and that Council of 400 Bishops denied him This Decree was not lawfully proceeded in because Obj. the Legates of the Pope were absent Bel. l. 2. de Pont. c. 22. The Legates were there the next day and Ans excepted and moved to have the Acts of the day before read Aetius for the Council sheweth that the Legates knew what was done all was done Cononically Then the Acts being read the Popes Legates tell the Council that Circumvention was used in
Lord the King do or in the least wise attempt to do any of the Premises viz. owning the Authority of the Pope by his answer touching his Right to Scotland so strange so unlawful prejudicial and otherwise unheard of though the King would himself See that famous Letter sent to the Pope the 29 of Edw. 1. taken out of Cor. Christi College-Library and printed this year at Oxford the reading of which gave the occasion of these Meditations 3. It appears further in the Sheet where you have that Letter that the Commons in Parliament have heretofore held themselves bound to resist the invasion and attempts of the Pope upon England though the King and the Peers should connive at them their words are resolute Si Dominus Rex Regni majores hoc vellent meaning Bishop Adomers Revocation from Banishment upon the Popes order Communitas tamen ipsius ingressum in Angliam nullatenus sustineret This is said to be recorded about the 44 of Hen. 3. 4. It is there observed also that upon the Conquest William the Conquerour made all the Freeholders of England to become sworn Brethren sworn to defend the Monarchy with their Persons and Estates to the utmost of their Ability and manfully to preserve it So that the whole Body of the people as well as the Lords and Commons assembled in Parliament stood anciently bound by their Oath to defend their King and their Country against Invasion and Usurpation 5. The present Constitution of this Kingdom is yet a stronger Bulwark against Popery Heretofore indeed the Papal pretensions were checkt sometimes in temporal sometimes in spiritual concerns and Instances But upon the Reformation the Popes Supremacy was altogether and at once rejected and thrown out of England and the consequence is an universal standing obligation upon the whole Kingdom by Statutes Customs and most solemn Oaths to defend our Monarchy our Church our Country and our Posterity against those Incroachments and that Thraldom from which we were then so wonderfully delivered and for this hundred years have been so miraculously preserved blessed be God Accordingly in our present Laws both the Temporal and Ecclesiastical Supremacy is declared to be inherent in the Crown and our Kings are sworn to maintain and govern by those Laws And I doubt not but all Ministers of the Church and all Ministers of State and of Law and War all Mayors and Officers in Cities and Towns corporate c. together with all the Sheriffs and other Officers in their several Countries and even all that have received either Trust or power from his Majesty within the Kingdom All these I say I suppose are sworn to defend the King's Supremacy as it is inconsistent with and in flat opposition to Popery In the Oath of Allegiance we swear to bear true Allegiance to the King and to defend him against all Conspiracies and Attempts which shall be made against his Person and Crown to the utmost of our power meaning especially the Conspiracies and Attempts of Papists as is plain by that which follows in that Oath and yet more plain by the Oath of Supremacy In which Oath we swear that the King is the only Supreme Governor in this Realm as well in all spiritual things and causes as temporal and that no foreign Prince or Prelate hath or ought to have any Jurisdiction Ecclesiastical within this Realm and that we do abhor and renounce all such We swear also that we will bear Faith and true Allegiance to the King and to our power assist and defend all Jurisdictions viz. Ecclesiastical as well as Temporal granted or belonging to the Kings Highness 6. Now next to Oaths nothing can be thought to oblige us more than Interest But if neither Oaths nor Interest neither Conscience nor Nature neither Religion nor self-Preservation can provoke us to our own defence what remains but a certain fearful expectation of judgment to devour a perjur'd and senseless Generation If either our joynt or several Interests be considerable how are we all concern'd 1. Is there any among us that care for nothing but Liberty and Mony they should resist Popery which would many ways deprive them of both 2. But if the knowledge of the Truth if the Canon of life in the holy Scriptures if our Prayers in our own tongue if the Simplicity of the Gospel the purity of Worship and the Integrity of Sacraments be things valuable and dear to Christians let them abhor Popery 3. If the ancient Priviledges of the Brittish Church the Independency of her Government upon Foreign Jurisdiction if their legal Incumbencies their Ecclesiastical Dignities if their opportunities and capacities of saving Souls in the continuance of their Ministries if their judgment of discretion touching their Doctrine and Administrations their judgment of Faith Reason and Sence touching the Eucharist if exemption from unreasonable impositions of strange Doctrines Romish Customs groundless Traditions and Treasonable Oaths And lastly if freedom from spiritual Tyranny and bloody Inquisitions if all these be of consequence to Clergy-men let them oppose Popery 4. If our Judges and their several Courts of Judicature would preserve their Legal proceedings and judgments and decrees if they would not be controlled and superseded by Bulls Sentences and Decrees from the Pope and Appeals to Rome let them never yield to Popery 5. If the Famous Nobility and Gentry of England would appear like themselves and their heroick Ancestors in the defence of the Rights of their Country the Laws and customs of the Land the Wealth of the people the Liberties of the Church the Empire of Brittain and the grandeur of their King or indeed their own honour and Estates in a great measure let them never endure the re-admission of Popery 6. Yea let our great Ministers of State and of Law and of War consider that they stand not firm enough in their high and envied places if the Roman Force breaks in upon us and remember that had the late bloody and barbarous design taken effect one consequence of it was to put their places into other hands And therefore in this capacity as well as many other they have no reason to be Friends to Popery 7. As for His Most Excellent Majesty no suspicion either of inclination to or want of due vigilance against Popery can fasten upon him and may he long live in the Enjoyment and under a worthy Sence of the Royalties of Monarchy and the honour and exercise of his Natural and Legal Supremacy in all Causes and over all Persons within his Dominions both Civil and Ecclesiastical his Paternal Inheritance of Empire and at last leave it intirely to his Heirs and Successors upon Earth for a more glorious Crown in Heaven And in the mean time may he defend the Faith of Christ his own Prerogative the Rights Priviledges and Liberties and Estates of his People and the defensive Laws and Customs of his Royal Progenitors And therefore may he ever manage his Government both with Power Care
had and exercised after the Empire became Christian only it seems very clear that Constantine and the other eminent Christian Emperors never made any Ecclesiastical Laws without the Counsel of Bishops but only in Confirmation or for the Execution of Ecclesiastical Canons Yet it cannot be denied but they called Councils they approved their Canons and afterwards enter'd them into the body of their Laws and still ratified the Sentences of Ecclesiastical Judges with Civil penalties 3. Nor yet is' t my present Province to recollect what Influence Imperial Christian Rome had upon the Tender Age and immature State of the new born Church of England though we do not deny but it might be considerable both as to the Form and Order of our External Jurisdiction in our inferiour Ministers and ancient Canons But how great soever it was it was at first only by way of Example and Direction and when afterwards it was by Command it was such Command as according to the Rights and Constitution of this Church had no Legal obligation upon us but by our own consent and as it became part of our own Establishment either by Custom or express Law upon such an occasion the ancient State of England cry out Nolumus mutare Leges Angliae This Realm hath been and is free from Subjection to any mans Laws but only to such as have been devised within this Realm or to such other as by sufferance of your Grace and your Progenitors the people of this Realm have taken at their free liberty by their own consent to be used amongst them and have bound themselves by long use and Custom to the observance thereof not as to the observance of the Laws of any foreign Prince 25 Hen. 8. 21. For as Coke declares in Cawdries Case as the Romans fetching diverse Laws from Athens yet being approved and allowed by the State there called them Jus Civile Romanorum and as the Normans borrowing all or most of their Laws from England yet baptized them by the name of the Laws or Customs of Normandy so albeit the Kings of England derived their Ecclesiastical Laws from others yet so many as be proved approved and allowed here by and with a general consent are aptly and rightly called The Kings Ecclesiastical Laws of England 4. As for the Inferior Ministers in the Ecclesiastical Courts that seem to be so offensive to weak people that they are not Popish or so slanderously to be reported there is this plain demonstration that these Courts are the Kings Courts and the Laws thereof are the Kings Laws and that notwithstanding all the severe Statutes especially since the Reformation against all foreign Jurisdiction and all such as act under or by vertue of any foreign Power within this Realm yet such Ministers are both permitted and required to execute their places in the said Courts by the Laws and Statutes of the Kingdom But grave Mr. Hickeringill saith there is not the least Specimen of Chancellors Registers Sumners Officials Commissaries Advocates Notaries Surrogates c. or any ejusdem farinae in holy Writ and hence 't is learnedly inferred by some that we have made so many new Officers in the Church of Christ But how witless and Quaker-like is this and how unlike Mr. Hickeringill I should suspect he would call for Scripture for an hour-Glass and for Clerks and Sextons were it not that he is so palpably in the service of a vile Hypothesis that will stand upon no better grounds for he knows that these are not so many new Officers of the Church but only Assistants allow'd by Law under Bishops and such other Spiritual men as have proper power of Ecclesiastical Jurisdiction he knows there is no other Canon but the Law of the Land and that the Civil Magistrate hath power to tell us what is Scripture and that he hath told us S. Paul ' s Epistles are so where we read of helps in 1 Cor. 12. 28. Government and that Chancellors Commissaries Officials and Surrogates are but such helps under different names from the several ways and degrees of their Delegation That Registers are but to make and keep the Acts of Court c. Advocates and Proctors to order and manage Causes and Apparators to serve Processe and execute Mandates and that none but one in Orders meddles with the Keys either for Excommunication or Absolution Mr. Hickeringill is a man of great experience in Spiritual Jurisdiction and need not be told of these plain matters 5. And seeing the Statist will not be quieted but by Argument taken from Law I have written the following Treatise wherein I hope I have sufficiently demonstrated that our Ecclesiastical Courts are Establish'd in the Laws and Statutes of this Kingdom Our Magna Charta it self or the great Charter of the English Liberties doth suppose and acknowledge the Legal exercise of Ecclesiastical Jurisdiction by the forementioned Ministers as one of the Ancient Rights and Liberties of this Church and doth also ratifie confirm and establish it for ever at least in the Judgment of my Lord Coke in these words This Charter is Declaratory of the Ancient Law and Liberty of England Et habeat omnia Jura sua integra that is that all Ecclesiastical persons shall enjoy all their lawful Jurisdictions and other their Rights wholy without any Diminution or Substraction whatsoever and Jura sua shew plainly that no new right was given unto them but such as they had before hereby are Confirmed Libertates suas illaesas Libertates are here taken in two Sences 1. For the Laws of England 2. For Priviledges held by Parliament Charter or Prescription more than Ordinary Coke Magna Charta By all which Titles the Church of England Ecclesia non Moritur but Moriuntur Ecclesiastici holds her Ancient Liberty of keeping Courts to this day 6. Yet I do not say but the manner of proceedings in these Courts may be justly and reasonably altered as his gracious Majesty may be advised and yet the true Liberty of the Church be rather fortified than Violated Therefore after some Overtures made lately by a far greater Person in a larger Sphere my Narrower subject may suffer me humbly to offer my thoughts touching some Alterations that perhaps might not prejudice our Ecclesiastical Ministers or their Courts with all due submission to my Superiors These things following have been long in my thoughts 1. That a speedier way might be appointed for the dispatch of Causes in the Spiritual Courts than the present Legal Rules thereof will allow 2. That trivial matters such as small Tithes and Church-Rates might be summarily ended without exposing the solemn Sentence of Excommunication as is generally complain'd Especially considering that the Statute touching the Writ de Excom capi as well as Vulgar apprehension makes a difference in Original Causes though indeed the immediate cause of all Excommunication is always the contempt of the King 's Ecclesiastical Jurisdiction in not obeying either its Summons or Sentence both these
perhaps may be contrived by wise men without prejudice to the said Jurisdiction 3. That there is reason to reascertain the Fees for Probates of Wills and granting Letters of Administration with some moderate respect had to the difference of the value of Mony when the former Act was made and at this time so as the Officers in the Kings Spiritual Courts may live upon their Employment 4. And why Excommunication decreed in Court may not be sent to the Parochial Minister to be not only declared but Executed by him as the Bishops Surrogate and convenient time allowed him to endeavour to reconcile the offender and to prevent the Sentence if it may be I see not if that may give any satisfaction Such kind of Alterations perhaps may be admitted without real prejudice to the Church or rather with advantage as well as those made by the Conqueror when he divided the Ecclesiastical from the Civil Courts The Law by which he made that Division is famous the clauses of it concerning this matter may be desired by the Reader therefore I shall take the pains to transcribe them they are these Willielmus Gratia Dei Rex Anglorum c. William by the Grace of God King of England to all that have Land in the Bishoprick of Lincoln know ye all and all others my faithful People in England that the Episcopal Laws that have Non benè not well been exercised nor according to the Precepts of holy Canons even to my time in this Kingdom Concilio Communi with Common Counsel and with the Counsel of the Bishops and Abbots and all the chief men of my Kingdom I judge fit to be amended Moreover I Command and by my Kingly Authority injoyn That no Bishop or Archdeacon de Legibus Episcopalibus hold Placita Pleas any longer in Hundret nor bring any Ecclesiastical Cause to the Iudgment of Secular men but whosoever shall be called or questioned for any Cause according to the Ecclesiastical Laws he shall come to the place which the Bishop shall chuse and there shall answer for his Cause and not secundum Hundret and he shall do right to God and the Bishop not according to the Hundred but according to the Canons and Episcopal Laws But if any through pride will not appear Venire ad Justiciam Episcopalem let him be called the first second and third time and if yet he will not come let him be Excommunicated and if need be let the Strength and Iustice of the King or Sheriff ad hoc Vindicandum adhibeatur This also I defend and by my Authority interdict that no Sheriff or other Minister of the King or any Lay-man do intermeddle with the Laws which belong to the Bishop Give me leave to subjoyn a few Notes upon this Law of the Conqueror and I have done 1. The substance and matters of Ecclesiastical Power and Connusance was the same long before this Law was made and not Altered by it 't was a Law of King Alured Si quis Dei rectitudines aliquas deforciat reddat lathlite cum Dacis witam cum Anglis And the same is afterwards confirmed and renewed by Canutus and other Kings whereby it appeareth that long before the Conquest the Authority and Jurisdiction of the Church was maintained by the setled Laws of the Kingdom and that Ecclesiastical Judges had power so anciently to Excommunicate and had the help of the King and the Sheriff to proceed against the obstinate 2. 'T is yet very remarkable that for the form and manner of their Spiritual Courts and proceedings before the Conquest it was not here in England as it was at Rome and therefore our most Ancient Church-Government was not derived or Received from Rome This Law observes that before the Conqueror the Precepts of holy Canons as to distinct Jurisdictions were not observed in England that is the Canons of the Imperial Church for six or seven Hundred years before the Jurisdiction of that Church was divided from the Civil even by the Emperor Constantine himself but for so many hundred years before the Conquest our Jurisdictions were exercised together in Hundret as the Law acknowledgeth and is confessed 3. We here see a plain Establishment of our Spiritual Courts with power of Excommunication for non-appearance in the letter of this Ancient Law under the Kings defence and enforced with the Secular Arm and 't is observable that the distinction of the Ecclesiastical front the Civil Courts was made in the Kings own Name and not the Pope's by the Kings power and none other with the Counsel of his own Subjects only and not of Rome that we read of and only with respect and not in any obedience to the ancient Canons or foreign methods And thus the Jurisdiction in our Courts Ecclesiastical as distinct from the Civil is as far from being Popish in their Original as it was when they were conjoyned and therein so unlike to the distinct proceedings of the Spiritual power beyond the Seas so many hundred years before And thus our Spiritual Courts both before they were divided and when they came to be divided from our Civil Courts stand firm in the Ancient Laws of this Land 4. There are certain great Epoche's of the Legal Establishment of the Churches power which I shall but touch 1. It was received with Christianity and grew and flourished by our Ancient Laws before the Conquest 2. In the beginning of our Norman Constitution it was thus distinguished and establish'd by the Conqueror So it was in Magna Charta the first Statute 3. Vpon the Reformation in Hen. 8. it was re-establish'd 4. So it was upon the Return of Reformation after Queen Mary by Queen Eliz. And 5. so likewise upon the Return of our present gracious Soveraign King Charles II. 5. Further I hence observe that some Alterations in Ecclesiastical proceedings may be made by Law without any prejudice to the Churches power 'T is observed out of Spelman before that by this Law the Conqueror did not lessen the Churches power indeed some Inconveniences are usually consequent to publick changes and 't is thought by our Civilians that the many prohibitions which interrupt our Ecclesiastical Courts are occasioned by their being divided from the Temporal but may not that inconvenience be accidental to that Division Or if at any time there be just cause for the Church to complain in that respect is it not rather of the Judges than the Laws or the Constitution But to the matter before us admit for Instance that after Summary hearing and Sentence of the Judge in Cases of small Tithes Church rates and such trivial matters a Justice of the Peace or some other person being legally certified were impowered and obliged to grant Warrants of Distress It seems to me a greater inconvenience in exposing Excommunication in such light Causes would be hereby removed than any contracted by such an Alteration and methinks no one should disdain the new Office seeing the Superior Judge hath been ever
causes Testamentary 18 Edw. 3. 6. Synodals and procurations and pensions c. 15 Hen. 8. 19. Defamations 9 Edw. 2. 3. 1 Edw. 3. c. 11 c. all which are clear evidences that the Ecclesiastical Jurisdiction was establish'd by the Statute-laws of this Realm and consequently did not depend upon was not derived from any foreign power before the 20 of Hen. 8. SECT IV. TO seek for the Original of our Ecclesiastical Jurisdiction and Courts in the Statute-book is more than ridiculous seeing they both stood in a flourishing estate long before the beginning of that book and are among the number of the great things which were then secundum consuetudinem leges Angliae and are plainly establish'd in the Common Law of the Land by which they have stood and been practis'd ever since as we shall prove more fully anon 2. Magna Charta which is found first in the book of Statutes and is said by Lawyers to be Common Law i. e. shews us what is Common Law in this Kingdom begins thus We have granted and confirmed for us and our Heirs for ever that the Church of England shall be free and shall have all her whole Rights and Liberties Inviolable Reserving to all Archbishops and Bishops and all persons as well Spiritual as Temporal all their Free Liberties and free Customs which they have had in times past and which we have granted to be holden within this Realm and all men of this Realm as well Spiritual as Temporal shall observe the same against all persons 3. Now what can any man that knows the practice of the Spiritual Courts before that time at that time and ever since imagine what is meant by the Liberties and Customs of the Church i. e. in the sence of Mr. Hickeringill and the words of Magna Charta Archbishops Bishops and all Spiritual men but the Jurisdiction Ecclesiastical in the first and chief place And these by the great Charter are confirm'd for ever and the like confirmation hath been made by the many succeeding Kings and Parliaments in their confirmation of Magna Charta 4. Therefore I cannot but conclude that the Ecclesiastical Jurisdiction being founded in the Common Law Magna Charta and the Statutes by so long practice beyond all Records is in the very Constitution of the Kingdom The great men of the Church having always had authority in the very making of Laws as they had before Magna Charta and been reputed as in the Statute of Eliz. one of the three States in Parliament and the Execution also of the Ecclesiastical Laws of the Church of England SECT V. LASTLY All this is plainly confirm'd by ancient Ecclesiastical Canons which seems to be an Argument of great weight with Mr. Hickeringill as well as by the Ancient Laws and Customs of the Land In the Apostles Canons 't is ordained that every National Church should have its own chief or head and thence derive all Power under the Crown 'T is acknowledged against the Papists that we had our Arch-bishops and Bishops before the Vsurpation of the Pope We were anciently a Patriarchate independent upon Rome The four first Councils confirm'd the Apostles Canons and establish'd our ancient Cyprian priviledge Let after encroachments of the Pope be accordingly renounced as lawless Vsurpations Let us quietly enjoy our restored ancient priviledges and let ancient Custom prevail according to the Sentence of the ancient Councils in spight of all Papists and Hobbists CHAP. III. King Hen. 8. did not by renouncing the Power pretended by the Pope make void the Ecclesiastical Jurisdiction neither was it void before it was restored by 1 Edw. 6. 2. IT 's somewhat difficult to make this Proposition than it is in its self more plain pray Mr. Wise-man where and by what words did Hen. 8. cut off as you say all those ordinary Jurisdictions Did that great Prince and his Parliament intend by any Statute then made to cut them off or not If they did intend it how came it to pass that they continued in their usual course of power and proceedings all the rest of his Reign which may be presumed to be near ten years Was that watchful Prince so asleep was the whole Kingdom so stupid so long a time to suffer such oppression by invasion of the Crown and the peoples Liberties by a company of Church-men now deprived of the Pope's assistance and without any power at all or were the Ecclesiastical Governours so desperate or careless as to lie under so much danger of praemunire neither desisting to act without power nor to sue for it 2. But perhaps though the King and Parliament did not intend it yet the words of the Statute express enough to dissolve and cut off all those ordinary Jurisdictions and no body could see through this milstone or tumble it upon the Churches head before Mr. Hickeringill was inspired to do it in a lucky time I will answer him with a story There was a certain Lord laid claim to a Mannor that was in another Lord's possession upon Trial it was found that the Plaintiffe had the Right of it and he that had had possession was thrown out and the other the Right Owner was as he ought to be put into the possession of the said Mannor but it was observed that though the Lords were changed yet the Customs and Courts and Officers were not changed at all but all things proceeded as before 3. Thus King Hen. 8. and his Parliament express'd themselves as if on purpose to our present case only that the Pope's power then was rather in a pretended claim than in possession as is evident from that notable Statute 24 Hen. 8. c. 12. where we have the Kings Supremacy first asserted with a body Politick of the Spiritualty and Temporalty every way furnish'd with Authorities and Jurisdictions to administer Justice to the whole Realm Thus the Imperial Crown fully accomplish'd throws off the pretence of the Pope as King Edw. Rich. and Hen. 4. had done before yet as they also did reserves as well the Spiritualty and its Jurisdiction as the Temporalty and its Jurisdiction Afterwards 4. The King doth by his Royal assent and by the assents of the Lords Spiritual and Temporal and the Commons Assembled and by the Authority of the same Enact Establish and Ordain that all Causes Testamentary Causes of Matrimony and Divorces rights of Tithes Oblations and Obventions the knowledge whereof by the goodness of Princes of this Realm and by the Laws and Customs of the same appertaineth to the Spiritual Jurisdiction of this Realm shall be from henceforth heard examined discuss'd clearly finally and definitively adjudged and determined in such Courts Spiritual and Temporal as the natures of the controversie shall require 5. 'T is plain therefore that though Hen. 8. did cut off the Pope's pretence which is the great intention of that excellent Law yet the Ecclesiastical Jurisdiction was not dissolved but annex'd or declared to be annex'd to the Imperial Crown
Land and not from the Pope Again they all take the Oaths of Supremacy and Allegiance before their Instalment which are the fence of the Crown against Popery And then in all their publick Prayers before their Sermons the Bishops and Archdeacons c. do Recognize the Kings Supremacy in all Ecclesiastical things and causes as well as Civil Again they Take the late Test and the same Oaths at the publick Sessions And lastly Mr. Cary himself confesseth that they acknowledge the said Supremacy in their publick Canons or Constitutions of the whole Church of England as he notes p. 2. in Can. 1 2 1603. And are all these less significant to testifie their dependance on and acknowledgement of their derivation from the Crown than the Kings Name and Stile and Arms which may be far enough from the Conscience in a Processe 2. For the second that there is not the same reason to use the Kings name in Ecclesiastical as in Civil Courts is apparent from the true cause of using it in the Civil Courts which being not known or well heeded may be the cause of the exception for Bishop Sanderson hath well observed the true reason of using the Kings name in any Court is not thereby to acknowledge the Emanation of the power or Jurisdiction of that Court from or the subordination of that power unto the Kings power or Authority as the objector seems to suppose but rather to shew the same Court to be one of the Kings own immediate Courts wherein the King himself is supposed in the construction of the Law either by his personal or virtual power to be present and the not using the Kings name in other Courts doth not signifie that they do not Act by the Kings Authority but only that the Judges in them are no immediate representatives of the Kings person nor have consequently any allowance from him to use his Name in the execution of them 1. This difference is evident among the Common Law Courts of this Kingdom for though all the immediate Courts of the King do act expresly in his Name yet many other more distant Courts do not as all Courts-Baron Customary-Courts of Copyholders c. and such Courts as are held by the Kings grant by Charter to Corporations and the Universities in all which Summons are issued out and Judgments given and all Acts and proceedings made and done in the name of such persons as have chief Authority in the said Courts and not in the Name of the King thus their stiles run A. B. Major Civitatis Exon N. M. Cancellarius Vniversitatis Oxon. and the like and not Carolus Dei gratia 2. Once more a little nearer to our case there are other Courts that are guided by the Civil as distinguish'd from the Common Law as the Court-Marshal and the Court of Admiralty the Kings Name in these is no more used than it is in the Courts Spiritual but all Processes Sentences and Acts in these Courts are in the Name of the Constable Head Marshal or Admiral and not in the Kings Name 3. I shall conclude this with those grave and weighty words of the same most admirable Bishop Sanderson in his excellent Treatise shewing that Episcopacy as Established by Law in England is not prejudicial to Regal Power worthy of every Englishman's reading his words to our purpose are these Which manner of proceeding like that of the Spiritual Courts constantly used in those several Courts before mentioned sith no man hath hitherto been found to interpret as any diminution at all or disacknowledgment of the Kings Soveraignty over the said Courts it were not possible the same manner of proceeding in the Ecclesiastical Courts should be so confidently charged with so hainous a crime did not the intervention of some wicked lust or other prevail with men of corrupt minds to become partial judges of evil thoughts p. 68 69. Mr. Hickeringill is one of those whom the Bishop describes i. e. that so confidently chargeth the Ecclesiastical Courts with that hainous crime and foundeth that confidence in the Statute of the 1 Eliz. 1. In charity to him I shall give him such words out of that Statute as do not only secure the Act of Queen Mary that repealed the Act of 1 Edw. 6. 2. requiring the use of the Kings Name in our proceedings from repeal in that particular but directly and expresly ratifies and confirms the same and our contrary proceedings accordingly So that our proceedings in the Ecclesiastical Courts without using the Kings Name or Stile or Arms according to 1 Edw. 6. 2. are allow'd and established by this very Act of Queen Eliz. thus Further Enacted by the Authority aforesaid that all other Laws and branches of any Act repealed by the said Act of repeal of Mar. and not in this Act specially mention'd and revived shall stand and be repealed in such manner and form as they were before the making of this Act any thing herein contained to the contrary notwithstanding 1 Eliz. 1. 13. but the Act of 2 Phil. and Mar. was not specially mentioned in this Act of Repeal nor any other And the Learned Judges in 4 Jac. observe that this Act of 1 Eliz. revives an Act of Hen. 8. repealed by Queen Mary and in both these Statutes 1 Edw. 6. 2. is made void and the present proceeding of Spiritual Courts without the Kings Name c. plainly confirm'd but vid. Coke Rep. 12. p. 7. CHAP. V. The Act of 1 Eliz. 1. Establishing the High-Commission Court was not the foundation of ordinary Ecclesiastical Jurisdiction in England against Mr. Hickeringill THE worthy Gentleman though he useth much Modesty and will not peremptorily assert and hath only fitted the matter for the consideration of wiser men if he can think there be any such reasons wonderfully after this new and unheard of manner or to this purpose if at all The Statute of Eliz. for the High-Commission Court was the only Basis of all Ecclesiastical power this continued indeed during her time and King James's but being repealed by 17 Car. 1. 11. and 13 Car. 2. 12. down came the Fabrick their great foundation thus torn up now they have neither power from God nor man nor ever shall for his Majesty hath by Statute Enacted never to empower them with any more Commissions to the worlds end Now their basis is taken away I cannot discern where their Authority lies Nak T. q. 1. p. 4 5 6. This is the Spirit of his Reason which he confesseth is not infallible for he saith as before he doth not peremptorily assert it But can a man have the face to write this first and then to say he is not peremptory Would a man in his wits expose himself in this manner in Print and blunder out so much prejudice envy spite and wrath against Government and talk such pitiful unadvised stuff about Law and think to shake the Fabrick of Ecclesiastical Jurisdiction that hath stood firm so long in the midst of all