Governed The Supreme Governesse in respect of its Representative a Generall Councell to which all Ecclesiasticall Officers higher or lower whether Constituted by Christ or substituted by the Church doe owe an account And the Governed in respect of that Vniversality of Christians which he mentioneth And this sounds much more sweetly in Christian eares then to make either the Pope the Maister or the Church of Rome the Mistresse of the Church He brought an Argument for the Succession of the Roman Bishop drawn from the Vicissitude of Humane affairs I retoâ—ted it upon himselfe that Rome itself was as much subject to this Vicissitude as any other place it may be destroyed with an Earthquake He saith It must be an unheard of Earthquake which can swallow up the whole Diocesse if the City be destroyed yet the Clergy of the Roman Diocesse can elect to themselves a new Bishop But this new elected Bishop shall be no more the Bishop of Rome after it is destroyed But that which concerneth him and the cause more is he proposeth my Objection by halfes I said it might be destroyed by warres also that is both City and Diocesse and become a place for Satyrs to Dance in and Owles to scrâ—ech in As great Cityes as Rome have run that Fortune In that case what will become of his Election I added it may become Hereticall or Mahumetan He answereth True so may the whole Church if it had pleased God so to Order causes No by his leave not so Christ hath promised that his Vniversall Church shall never faile but he hath not promised that Rome shall never faile I said the Church never disposeth so of her Offices as not to be able to change her Mesnagery according to the Vicissitude of Humane affaires He opposeth that I granted in the foregoing Page that Christ himself and not the Church instituted this Prineipality or Primacy and bids me shew that the Church hath Authority to change Christs Institution I did not grant it but suppose it but whether granted or supposed it is not materiall to the purpose The Church hath no power to change Christs Institution in Essentialls but all Ecclesiasticall Officers whatsoever are her Officers and she hath power to dispose of them and govern them and to alter what is not Essentiall I know there are other meaus between Tyranny and Anarchy besides Aristocracy even all lawfull Formes of Government as Monarchy and Democracy but in the Government of the Catholick Church Monarchy and Democracy had no place unlesse it were in respect of Particular Diocesses or Provinces and therefore to have named Monarchy here had been superfluous and impertinent But the Government of the Primitive Church in the Apostles and their Successours was ever Aristocraticall first by an equall Participation of power in the Apostles and then by a Subordination of Bishops in their Successours and this as well out of Generall Councells as in them as well before there were Generall Councells as after It is not my want of Memory but his want of Iudgement to pursue such shadowes as these and nickname them Contradictions He askes how should a Primate of Order who hath no power to Act at all in order to the Vniversall Church have more power to prevent her good or procure her harme then one who hath Soveraignty of power This is his perpetuall Practise to dispute from that which is not granted St. Peter was a Primate of Order aâ—ong the Apostles and no more yet he had power to act singly as an Apostle and as a Primate among the Apostles he had power also to Act jointly with the Aposâ—olicall College so have all other Primates of â—rder Whatsoever Mr. Serjeant thiâ—kes Our Saviâ—uâ— thought this Form of Goveâ—ment as conducible to the good of his Church both to procure her Good and to prevent her harm as an absolute Soveraignty I doe not feast the Reader with Contradictions Nothing is more true then my Assertion but he abuseth his Reader with notorious Fictions If the Papacy be the Bridle in the mouth of the Church then without peradventure the Pope is the Rider though the Papacy be not I said enough before to let him see the unfitnesse of his lâ—dicrâ—us Allegory and taxed him for it if he delight in it let him pursue it Nos hac a Scabie tenemus ungues How the Church doth both govern and is governed I have shewed him formerly In his answer he fell into a large Encomiuâ— of the Papacy demanding among other things What Christian Prince can chuse but be glad to have an Arbitrator so prudent so pâ—â—â—s so distinteressed as a Good Pope should be and if this Authority were duely Governed I told him that to looke upon men as they should be was to write dreaming He rejoineth that he lookes not upon men at all in this place but speakes of the Office it self And challengeth me what say you to the Office it self I answer first he saith not truely for he did looke at men in this place otherwise why did he adde this Condition as a good Pope should be And this other If this Authority were duely governed Certainly he who lookes upon an Arbitrator so prudent so pious so Disinteressed as a good Pope should be looketh something upon men And so in truth he ought to doe but his fault is that he lookes upon them as they should be and not as they commonly are which is the same fault I taxe him with to write Dreaming not waking Now to his Question What say you to the Office it self I say first that though he hath stated it p. 624 Yet he hath not stated it at all neither I feare dare he state it nor is willing to state it He telleth us indeed sometimes of the Substance of the Papacy but wherein the Substance of the Papacy consists except some Generall unsignificant Expressions of an Headship or Chief Governourship or First Movership about which we have no Controversy with them and which are equally appliable to a Primacy of Order and a Soveraignty of Power he saith nothing Whether the Pope be an absolute Monarch or a duke of Venice inferiour to the whole Senate whether he have a Coactive power in the Exteriour Court throughout all other Princes dominions without their leaves Whether he have the right to conferre Bishopricks Convocate Synods Impose Pensions For bid Oaths of Allegiance and require new Oaths of Allegiance to himself Set up Legantine Courts Receive Appeales make Lawes dispense with Lawes at his pleasure he saith nothing yet these are the onely Controversies we have with them to aske what we say to the Popes Authority without stating of it without stinting of it is an unreasonable demand I say secondly that he ought to explain himself by what right he doth challenge this Authority Divine or Humane or onely out of Prudentiall reasons If he challenge it by divine right or Humane right he ought to prove the right according to the just extent of
with Sâ— Peter nor with any other about the privileges of St. Peter Let him be First Chiefe or Prince of the Apostels in that sense wherein the Ancient Fathers stiled him so Let him be the First Ministeriall Mover And why should not the Church have recourse to a prime Apostle or Apostolicall Church in doubtfull cases The learned Bishop of Winchester of whom it is no shame for him to learn might have taught him thus much not onely in his own name but in the name of the King and Church of England Neither is it questioned among us whether St. Peter had a Primacy but what that Primacy was And whether it were such an one as the Pope doth now Challenge to him self and you challenge to the pope But the King doâ—h not deny Peter to have been the prime and prince of the Apostles I wonder how it commeth to passe that he who commonly runneth over in his expressions should now on a suddain become so dry upon this Subject If this be all be needed not to have forsaken the Communion of the Church of England for any great Devotion that he beareth to St. peter more then wee But yet wee dare not rob the rest of the Apostles to cloath St. Peter Wee say clearly with St. Cyprian Hoc erant utique caeteri Apostoli quod fuit petrus pari consortio praediti honoris Poâ—estatis sed exordium ab Vnitate proficisciâ—ur Primatus Petro daâ—ur ut una christi Ecclesia una caâ—hedr a monstretur The rest of the Apostles were even the same thing that Peter was endowed with an equall Fellowship both of honour and power but the beginning commeth from Vnity the primacy is given to Peter to signify one church and one chaire It is wel known that St. Cyprian made all the Bisshop ricks in the World to be but one masse Episcopatus unus est Episcoporum multorum concordi numerositate diffusus whereof every Bishop had an entire part cujus a singulis in solidum pars tenetur All that he attributeth to St. Peter is this beginning of Vnity this primacy of Order this preheminence to be the Chief of Bishops To be Bishop of the principall Church from whence Sacerdot all Vnity did spring Yet I esteem St. Ciprian as fauorable an Expositor to the See of Rome as any they wil find out of their own Chaire that was no more interessed in that See This primacy neither the Ancients nor wee doe deny to St. Peter of Order of Place of preheminence if this first Movership would serve his turn this controversy were at an end for our parts But this Primacy is over leane The Court of Rome have no Gusto to it They thirst after a visible Monarchy upon earth an absolute Ecclesiasticall Soveraignty A power to make Canons to abolish Canons to dispense with Canons to impose pensions to dispose dignities to decide Controversies by a single Authority This was that which made the breach not the innocent Primacy of St. Peter as I shall demonstrate by evident proofes as cleare as the noone day light Observe Reader that Mr. Serjeant is making another Vagare our of the lists to seeke for his Adversary where he is sure not to find him here after if he have a mind to employ his pen upon this subject and not to barke at the Moonshine in the water let him endeavour to demonstrate these foure things which wee deny indeed First that each Apostle had not the same power over the Christian world by virtue of Christ Commission As my Father senâ— mee so send I you which St. Peter had Secondly that St. Peter ever excercised a single Iurisdiction over the persons of the rest of the Apostles more then they over him besides and over and above his Primacy of Order or beginning of Vnity Thirdly that St. Peter a lone had his Commission granted to him by Christ as to an Ordinary Pastour to him and his Successors And all the rest of the Apostles had their CoÌ„missions onely as Delegates for term of life This new hatched Distinction being the foundation of the present Papacy I would be glad to see one good author for it who writ within a thoâ—sand yeares after Christ. Lastly that the Soveraignty of Ecclesiasticall power and Iurisdiction rested in St. Peter alone and was exercised by him alone and not by the Apostolicall College During the hystory of the Acts of the Apostles Now let us proceed from St. Peter to the Pope which is the second part of his rule of Government And that the Bishops of Rome as Successors of St. Peter inherited from him this Privilige in respect of the Successors of the rest of the Apostles And actually exercised this power in all the Countreyes which kept Communion with the Church of Rome what Privilege To be the first Bishop the Chiefe Bishop the principall Bishop the first mover in the Church just as S. Peter was among the Apostles we have heard of no other Privilege as yet If a man would be pleased ou of meer pitty to his starving cause to suppose thus much what good would it doe him Doth he think that the pope or the court of Rome would ever accept of such a Papacy as this or thanke him for his double diligence He must either be meanly versed in the Primitive Fathers or give little credit to them who will deny the Pope to succced St Peter in the Roman Bishoprick or will envy him the Dignity of a Patriarck with in his just Bounds But the Breach between Rome and England was not about any Episcopall Metropolitical or Patriarchall rightes A Patriarch hath more power in his proper Bishoprick then in his province and more in his province then in the rest of his Patriarchate But papall power is much greater then any Bishop did ever challenge in his own Diocesse In my answer to his Assumtion I shal shew sufficiently who they were that Brake this Bond of Vnion and are the undoubted Authors of Schisme But before I come to that I would know of him how the Pope did inherit all those Privileges which he claimeth from S. Peter or how he holds them by Christs own ordination in holy Scripture First all the Eastern Churches doe affirm Confidently that the most of these Privileges were the Legacyes of the Church representative not Christ or St. Peter And it seemeth to be very true by that of the Councell of Sardica Si vobis placet Sancti Petri memoriam honoremus If all these Priuileges were the popes inheritance it was not wel done of old Osius to put it upon a Si placet content or not content and to assigne no better a reason then the memory of a Predecessour It semeth likewise to be true by the Councel of Chalcedon which attributeth the primacy of the Bishop of Rome to the Decrees of the Fathers and the dignity of that imperiall City And when the popes
affirm That neither the King of England nor the Church of England neither Convocation nor Parliament did breake his two Necessary Bonds of Christian Vnity or either of them or any part of either of them But that the Very Breakers and Violaters of these Rules were the Pope and Court of Rome They did breake his Rule of Faith by adding new points to the Necessary Doctrin of saving Truth which were not the Legaceyes of Christ and his Apostles nor delivered unto us by Universall and perpetuall Tradition The Pope and Court of Rome did breake his second Rule of Vnity in Discipline by obtruding their excessive and intolerable usurpations vpon the Christian world and particularly upon the Church of England as necessary Conditions of their Communion It appeareth plainly by comparing that which hath been said with his positioÌ„ of the case that after all his Bragges of undeniable evidence and unquestionable certeinty he hath quite missed the question We joine with him in his rule of Faith Wee oppose not St. Peters Primacy of Order and he him self dare not say that St. Peter had a larger or more extended power then the rest of his Fellow Apostles And though wee cannot force our understandings to assent that after the death of S. Peter Linus or Cletus or Clemens or Anacleâ—us were Superiours to S. Iohn and had actuall Iurisdiction over him who had as large a commission immediatly from Christ as S. Peter himselfe and larger then any succeeding Romane Bishop ever had Yet to shew him how little wee are concerned in it and for his clearer conviction wee are willing to suppose that they were his Superiours and give him leave to make all the advantage of his second Rule which he can in this cause And here if I regarded not the satisfaction of my self and the Reader more then his opposition I might withdraw my hand from the Table But I am so great a Friend of Ingenuity that I will for once discharge his Office and shew the World demonstratively and distinctly what Branches of Papall power were cast out of England by Henry the eighth upon which consideration the weight of the whole Controversy doth lye For it is agreed between us that if it appeare by rigorous Evidence that all those Branches of Papall power which were renounced and cast out of England by Henry the eight were grosse Vsurpattons then his renouncing was no eriminall Breach but a lawfull self enfranchisement And by undeniable consequence the Guilt of â—chism resteth upon them who made the Vsurpations that is the Pope and Court of Rome I adde further upon the equity of my second Ground that although Henry the eight had cast out something more then be ought yet if wee hold not out more then wee ought and be ready to admitt all which ought to be admitted by us then we are innocent and free from the Guilt of Schism and it resteth soly upon them who either will have more then their due or nothing Wheresoever the fault is there the Guilt of Schisme is If the fault be single the Guilt is single if the fault be mutuall the Guilt is mutuall And for rigorous Evidence There cannot possibly be any Evidence more demonstrative what Papall power was cast out of England then the very Acts of Parliaments themselves by which it was cast out Let us view them all The first Act made in the Reign of Henry the eight which hath any referente to Rome is the Act for holding Plurality of Benefices against the lawes of the land by dispensation from the Court of Rome making licenses for non Residence from the Court of Rome to be voide and the party who procureth such Licenses for Pluralityes or Non-residence to forfeyt twenty pounds and to lose the profits of that Benefice which he holdeth by such dispensation It were a pretty thing indeed if the Church and Kingdome should make necessary lawes and the Pope might give them liberty to break them at his pleasure The second Act is that No person shall be cited out of tâ—e diocesse where he dwelleth except in certain cases Which though it may seem to reflect upon the Court of Rome yet I do not find that it is concerned in it but the Arches Audience and other Archiepiscopall Courts within the Realm The third Act is meerly declarative of the law of the land as well the Common lawes as the Statute lawes and grounded wholy upon them as by the View of the Statute it self doth appeare So it casteth out no forraine power but what the lawes had cast out before The summe of it is this That all Causes Matrimoniall Testamentary or about Tithes c. shall be heard and finally judged in England by the proper Iudges Ecclesiasticall and Civill respectively and not elswhere notwithstanding any forrein Inhibitions Appeales Sentences citations suppensions or Excommunications And that if any English Subject procure a Processe Inhibition Appeale c. From or to the Court of Rome or execute them to the hinderance of any processe here he shall incurre the Penalties ordained by the Statute of provision or premunire made in the sixteenth yeare of King Richard the second against such as make provision to the See of Rome This law was eâ—larged afterwards to all causes of Ecclesiasticall cognisance and all appeales to Rome forbidden The fourth Act is an Act for punishing of Heresy Wherein there are three clauses that concern the Bishop of Rome The First is this And that there be many Heresies and paines and punishments for Heresies Declared and ordained in and by the Canonicall Sanctions and by the Lawes and Ordinations made by the Popes or Bishops of Rome and by their Authorities for holding doing preaching of things contrary to the said Canonicall Sanctions Lawes and Ordinances which be but humane being meer repugnant and contrarious to the royall Prerogative Regall Iurisdiction Lawes Statutes and Ordinances of this Realm The second Clause is that No License be obtained of the Bishop of Rome to Preach in any part of this Realm or to doe any thing contrary to the Lawes and Statutes of this Realm or the Kings Prerogative Royall The third Clause followeth That the Decrees of the Bishops of Rome not confirmed by Holy Scriptures were never commonly attested to be any Law of God or man within this Realme And that it should not be deemed Heresy to speak or doe contrary to the pretended power or Authority of the Bishop of Rome made or given by Humane Lawes and not by Scriptures nor to speake or Act contrary to the Lawes of the Bishop of Rome being contrary to the Lawes of this Realm The Fifth Act is an Act concerning the Submission of the Clergy to the Kings Majesty The scope of it is this that the Clergy shall not assemble in Convocation nor make or proniulge any new Canons without the Kings License Hitherto there is nothing new in point of Law Then that the King should have
had no coactive power to compell any man against his Will The Vttermost they could doe was to separate him from their Communion and to leave him to the Comming or Iudgement of Christ. Let him be Anathema mar an atha The true Controversy then is this Whether the Bishop of Rome by his Legates have Coactive power in the exteriour Court to Convocate Synods of English Subjects in England when he will where he will whom he will without their Consents and without the leave of the Soveraign Prince or King of England The Case being thus stated determineth it self Where should the Pope appoint a place of meeting in England without the Leave of the King of England Wee see by often experience that if the Pope have a desire to summon a Councell in Italy within the Dominions of another Soveraign Prince or Republick although they be of his own Communion he must First aske leave and obtein leave before he can tell how to doe it Or how should he pretend to any Coactive power in England without the Kings grant or leave where the power of the Militia and all Coactive force is legally invested in the King Thus for point of right Now for matter of Fact First I doe utterly deny that any Bishop of Rome by his own Authority did Convocate any Synod in the Brittish Island during the First eleven hundred yeares Or preside in any by his Legates Or confirm them by his Authority If he be no table to produce so much as one instance to the Contrary he may cry guilty to the Vsurpation where of he is accused and hold his peace forever Secondly I doe confesse that after eleven hundred yeares The Bishops of Rome taking advantage of our civill combustions and prostituting the reputation of the Apostolicall See to their temporall ends did by the leave of our Kings not otherwise sometimes call Synods in England and preside in them The first Synod held in England by any of the Popes Legats was at London in the yeare 1125. by Ioannes Cremensis Which moved England into no smal indignation to see a thing till then unheard of in the Kingdome of England A Priest sitting president upon an high throne above Arch Bishops Bishops bats c. But remember my third ground or Consideration of the difference betwen affirmative and negative Presidents All which this proveth is that the King did give leave or connive at that time But it doth not prove it cannot prove a right to doe the same at other times when the King contradicteth it Further wee ought to take notice that there is a greate deale of difference between an Ordinary Synod and an English Convocation Although in truth our Convocations be Synods So called from one word in the Kings writ to Summon them Convocari facias All the Clergy of the Realm were not present at an ordinary Synod but all the whole Clergy of the Kingdome were present at a Convocation either in their Persons or by their Proctors sufficiently authorised Secondly the absent Clergy had no such Obligation to the Acts of a Papall Synod as they had to the Acts of a royall Convocation sub Hypotheca bonorum omnium under the Caution or Pledge of all their Goods and Estates Lastly to drive the naile home and to demonstrate clearly the Grossenesse of this Papall usurpation it remaineth onely to shew that by the Ancient Lawes of England the calling of Convocations or Synods belonged properly to the King not to the Bishop of Rome or his Legates And first by reason By the Lawes of England more ancient then the Popes intrusion no Roman Legat could enter into the Kingdome withont the Kings leave nor continue in it longer then he had his License as wee shall see hereafter and therefore they could not convocate any Synods nor doe any Synodicall Act without the Kings leave Secondly by Records of the English Convocation itself that the Convocations of the Clergy of the Realm of England are alwayes have been and ought to be Assembled by the Kings Writ Anno 1532. Thirdly by the Form of the Writt which hath ever been the same in all succeding Ages constantly directed from the King to the English Arch Bishops for their distinct Provinces The very Form speakes it English sufficiently For certain difficult and urgent Businesses concerning the defence and security of the English Church and the peace tranquility publik good and defence of our Kingdome and Subjects Wee command and require you by that Allegiance and Love which you owe â—o us that you cause to be convocated with convenient speed in due manner all and singular Bishops of your Province Deanes and Priors of Cathedrall Churches c. And the whole Clergy of your diocesse and Province to meet before you c. Another Writ did alwayes issue from the King for the dissolution Wee command you that you dissolve or cause to be dissolved this present Convocation this very day in due manner without any delay c. Lastly by the concurring Testimonyes of all our Historiographers That all the space of time of eleven hundred yeares wherein the Popes did neither call Councells nor Preside in them nor Confirm them and after unto the very Reformation Our Kings did both call Councells and Preside in them and Confirm them and own their Lawes as I have shewed him by the Lawes of Ercombert Ina Withred Alfred Edwerd Athelstan Edmund Edgar Athelred Canutus and Edward the Confessor in my Vindication And particularly that Theodore Arch-Bishop of Canterbury Presided in a Councell in the Presence of Iohn the Popes Legate That King Edward Assembled a Synod and Confirmed the Acts of it as Decreâ—um Regis The Kings decree That King Withred called a Councell at Becancelde and Presided in it and that the decrees of the Councell issued in his name and by his Authority Firmiter decernimus c. in my Answer to the Bishop of Chalcedon All this he pretendeth to have answered but it is with deep silence If he desire more Presidents and more witnesses he may have a cloud of Authors upon holding up his Finger to prove undeniably that King Henry did not innovate at all in challenging to himself the right to Convocate the Clergy and dissolve them and confirm their Acts with in his own Dominions but followed the steps of his Roâ—al Predecessors in all Ages from the first planting of religion untill his own dayes And not onely of his own Ancestors but his Neighbours The President of Charles the great is very conspicuous To omit all my former Allegations in this behalf In the French Synod I Charlemain Duke and Prince of the Frankes by the Advise of the Servants of God and my Princes have congregated the Bishops wich are in my Kingdome with the Priests to a Synod for the feare of Christ to Counsaile me how the Law of God and Ecclesiasticall Religion may be recovered which in the Dayes of forepassed Princes is dissipated and fallen
Subjection at all to another Church They all agree in this the Britons were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all waies ordained at home independent upon any forrain Prelate ought no subjection to Rome And there fore it is no great wonder if Pope Gregory did not know when he was the favourite both of the Pope and people not long before his own promotion to the Papacy whether the Ilanders of Britain were Pagans or Christians To the same purpose speaketh Nicolas Trevet who having commended this Dinoth for a learned and a prudent man he addeth that Austin meeting him did demand that they should performe subjection to him as a Legate sent into this Land by the Pope and Court of Rome and demanded further that he would help him in preaching but he denied the one and the other Still Subjection is denied With these Baleus writing of Dinoth and the life of Austin in Sr. Henry Spellman and all our Antiquaries doe agree exactly And none of our Historiographers that I know doe disagree from it in the least who write upon that subject though some set it down more fully then others Iudge now Reader of Mr. Serjeants Knowledge or Ingenuity who telleth the so Confidently that the right of Subjection never came into play and when I said the British Clergy did renounce all obedieÌ„ce to the Bishop of Rome citing Bede and all others telleth me so confidently that I belied Bede and all our Historiographers at once I challenge him to name but one Historiographer who affirmeth the contrary to that which all these doe affirm if he be not able as he is not I might safely say without asking him leave that it striketh the Question dead His third Exception that it appeareth not that Sr. Henry Spellman found any other Antiquity in that Welsh Manuscript worth mentioning is so dull and unsignificant a piece that I will neither trouble myself nor the Reader with it And such like are his other Obâ—ections which helpresseth not but toucheth gently the Heads of them will not merit a repetition having been answered already by Doctor Hammond But when he is baffeld in the cause he hath a Reserve that Venerable Bede and Gildas and Fox in his Acts and Monuments do brand the Britons for wicked men making them as good as Atheists Of which Gang if this Dinoth were one he will neither wish the Pope such Friends nor envy them to the Protestants What needed this when he hath got the worst of the cause to revenge himself like a Pinece with a stinke We read no other Character of Dinoth but as of a pious learned and prudent man If Gildas or Bede have spoken any thing to the prejudice of the Britons it was not intended against the whole Nation but against particular persons There were St. Davids St. Dubricius's St. Thelaâ—s's St. Oudoceus's and Dinoths as well as such persons as are intended by Gildas or Beda What have they said more of the Britons then God himself and his Prophets have spoken of his own people or more then the Saxons have said one of another or more then maybe retorted upon any NatioÌ„ in Europe Have Gildas or Beda said more of the Birions theÌ„ St. Bernard and others have said of the Irish and yet Ireland was deservedly called the Island of Saints The Question is whether the British Church did ever acknowledge any Subjection to the Bishop of Rome Let him adorn this Sparta and leave other impertinencies Sect. V. That the King and Church of England had sufficient Authority to withdrawe their obedience from Rome The sixth Chapter of my Vindication comprehended my fourth ground consisting of these three particulars That the King and Church of England had sufficient Authority to reform the Church of England That they had sufficient Grounds for doing it And that they did it with due moderation His Rejoinder to this my fourth ground is divided into three SectioÌ„s whereof this is the first Whatsoever he prateth in this Section of my shuffing away the whole Question by balking the Bishop of Romes divine right to his Soveraignty of power to treat of his Patriarchall right which is humane is first vain For I alwayes was and still am ready to joine Issne with him concerning the Bishop of Romes divine right to a Monarchicall power in the Church saving alwaies to myself and my cause this advantage That a Monarchy and a Patriarchate of the same person in the same Body Ecclesiasticall are inconsistent And this right being saved I shall more willingly join issue with him about the Popes Monarchy then about his Patriarchate Secondly as it is vaine so it is altogether impertinent for my Ground is this that a Soveraign Prince hath power within his own Dominions for the publick good to change any thing in the externall Regiment of the Church which is not of divine Institution but the Popes pretended Patronage of the English Church and his Legislative Iudiciary and dispensative power in the exteriour Courtes of the same Church doe concern the externall Regiment of the Church aud are not of divine Institution Here the Hindge of our Controversy doth move without encombring our selves at all with Patriarchall Authority Thirdly I say that this discourse is not onely vaine and extravagant but is likewise false The Popes Protopatriarchall power and the Authority of a Bishop of an Apostolicall Church as the keper of Apostolicall Traditions deposited in that Church are the fairest flowers in his Garland Whatsoever power he pretendeth to over the whole Church of Christ above a Primacy of Order is altogether of humane right and the Application of that Primacy to the Bishop of Rome is altogether of humane right And whatsoever he presumeth of the Vniversall Tradition of the Christian Church or the Notion which the former and present world and we our selves before the Reformation had of the Papacy that is of the Divine right of the Popes Soveraignty is but a bold ratling groundlesse bragge I did and doe affirm that the Pope hath quitted his Patriarchichall power above a thousand yeers since not explicitly by making a formall Resignation of it but implicitly by assuming to himself a power which is inconsistent with it I was contented to forbeare further disputing about Patriarchall rights upon two Conditions one that he should not presume that the Pope is a Spirituall Monarch without proving it The other that he should not attempt to make Patriarchall Privileges to be Royall Prerogatives This by one of his peculiar Idiotisms he calleth Bribing of me If he had had so much Civility in him he might rather have interpreted it a gentle forewarning of him of two Errours which I was sure he would Commit After all his Bravadoes all that he hath pretended to prove is but a Headship a First Movership a Chief Governourship about which we have no Difference with them and all the proofe he bringeth even of that is a bold presumption that there
Councell then there will need no turning out Secondly he objecteth So a man may reject all Government of the Church the Procession of the Holy ghost all the Sacraments all the Scriptures and yet continue a Member of Gods Church Why so When I said the Creed was a â—ufficient Rule of Faith or Credendorum of things to be believed I neither said nor meant that it was regula agendorum a Rule of such things as are to be practised such as the Acts of discipline and of the Sacraments are The Creed conteined enough for Salvation touching the Procession of the Holy Ghost before the words Filioque were added to it and there is great cause to doubt that the Contentions of the Eastern and Western Churches about this Subject are but a meer Logomachy or strife about words The Scriptures and the Creed are not two different Rules of Faith but one and the same Rule dilated in the Scripture contracted in the Creed the end of the Creed being to contein all Fundamentall points of Faith or a summary of all things necessary to Salvation to be believed Necessitate medii But in what particulaâ— writings all these fundamentall points are conteined is no particular fundamentall Article it self nor conteined in the Creed nor could be conteined in it since it is apparent out of Scripture it self that the Creed was made and deposited with the Church as a Rule of Faith before the Canon of the new Testament was fully perfected Arrians and Socinians may perhaps wrest the words of the Apostles Creed to their Hereticall Sense but not as it is explained by the first foure Generall Councells which all Orthodox Christians doe admit He saith they and we differ about the sense of two Articles of the Creed that is the descent of Christ into Hell and the Catholick Church but setteth not down wherein we differ He hath reason to understand our Differences having been of both Churches but I for my part do rather believe that he understandeth neither part right Howsoever it be the Different Sense of an Article doth make an Heretick after it is defined by the Vniversall Church not before He saith he hath already shewed in the foregoing Section that the Protestant Grounds have left no Order and Subordination of Vniversall Government in Gods Church But he hath neither shewn it in the foregoing Section nor any where else nor is able to shew it We have the same subordination that the Primitive Church of Inferiour Clergy men to Bishops of Bishops to Archbishops of Archbishops to Patriarchs and of Patriarchs to a Generall Councell or as Generall as may be Let him shew any one linke of this Subordination that we have weakened I said we acknowledge not a Virtuall Church or one man as infallible as the Vniversall Church He rejoineth Nor they neither I wish it were so Generally but the Pope and Court of Rome who have the power of the Keys in their hands whoÌ„ onely we accuse in this behalf do maintain the Contrary that a Generall Councell without the Pope may erre that the Pope with any Councell Generall or particular cannot erre that the infallibility of the Church is radicated in the Pope by virtue of Christs prayer for S. Peter that his faith should not faile not in a company of Counsailers nor in a Councell of Bishops that the Pope cannot define temerariously in matters of Faith or good manners which concern the whole Church What a Generall Councell is and what the Vniversall Church is and who ought to be excluded from the one or the other as Hereticks I have shewed already namely all those and onely those who doe either renounce their Creed the badge of their Christianity the same Faith whereinto they were baptised or who differing about the sense of any Article thereof have already been excluded as Hereticks by the sentence of an undoubted Generall Councell Howsoever he sleighteth the Controversies which they have among themselves concerning the last resolution of Faith as if they were of no moment yet they are not of so little concernment to be so sleighted What availeth it to say they have the Church for an infallible Iudge whilest they are not certain or do not know what the Church is or who this infallible Iudge is May not a Man say unto them as Elijah said unto the Israelites Why halt ye between two Opinions Or rather why halt yet betwixt five or six Opinions If the Pope alone be infallible Iudge follow him If a Generall Councell alone be this infallible Iudge follow it If the Essentiall Church be the infallible Iudge Adhere to it If the Pope and a Generall Councell oâ— the Pope and a particular Councell or the Pope and his Conclave of Cardinalls be this infallible Iudge follow them He telleth us that their Vniversall Church is as Visible as the sun at Noone day to wit those Countryes in Communion with the See of Rome Without doubt they are Visible enough but it is as Visible that they are not the Vniversall Church What shall become of all the rest of the Christian world They are the elder Christians and more numerous fower for one both Patriarchs and people It is against reason that one single Protopatriarch should cast out fower out of the Church and be both party and Iudge in his own Cause But here it ends not If the Pope will have his Visible Church to be one Homogeneous body he must cast out a great many more yet and it is to be suspected this very Dispatcher himself among the rest for all his shewes They flatter the Pope with Generall Terms of Head and Chief Governour and First Mover which signify nothing but in reality they would have the Pope to be no more then the Duke of Venice is in the Venetian Common wealth that is lesse then any single Senatour Or that which a Generall Maister is in a Religious Order Above all Priours and Provincialls but subject to a Congregation Generall Wherein doe these men differ from us Sect. 8. That all Princes â—nd Republiques of the Roman Communion doe in effect the same thing whicâ— Henry the eighth did when they have Occasion or at least doe plead for it This was the Title and this was my scope of my Fifth ground which I made good by the Lawes and decrees of the Emperours with their Councells and Synods and Electorall College by the Lawes of France the Liberties of the Gallican Church the Acts of their Parliaments and declarations of their Vniversities By the practise of the King of Spain his Councells his Parliaments in Sicily in Castile in Brabant and Flanders By the sighs of Portugall and their bleaâ—ings and the Iudgement of the Vniversity of Lisbone By the Lawes and Proclamations of the Republick of Venice This I made good in every particular branch of Papall power which we have cast out of England the Patronage of the English Church The right to call and confirm Synods to conferre Bishopricks to
by all Catholicks c. For which you are excommunicated It is true they did not deny us Communion for holding this Opinion nor presse upon us an unconscientious Approbation of this Opinion directly for any thing that I know but neverthelesse they have by their power subjected a Generall Councell to the Pope they have procured it to be defined though not expresly in the Councell of Florence and to be expresly defined in the Councell of Lateran under Leo the tenth Hence it is that all the Councells since the Councells of Constance and Basile and the two Pisan Councells have wanted Conciliary Freedome and been altogether at the Disposition of the Popes to prorogue them to tranfferre them to stin◠them what matters they might handle and what not to deferre their Determinations untill he had formed or created a party or wrought some of the dissenting Bishops to his will to ratify or reject their decrees at his pleasure When or where was it ever heard before that there was twice as many Bishops of one Nation in a Generall Councell as of all other Nations in the world Hence was that complaint of the Fathers in the Councell of Trent that the Synode was guided by the Holy Ghost sent from Rome in a Male. If it had not been for this thing but the Fathers had been permitted freely to have proceeded in the Councell of Trent in the Resolution of that noble Question concerning the Residence and divine Right of Bishops in all probability this great rent had been made up and he and I had not needed to have disputed this Question at this Day Thus by this Opinion and by their Sinister Practises to establish it they are causally and formally Schismaticall and have been both the procreating and conserving Cause of this great Schisme the procreating cause by altering the Hierarchy and Disordering the Members which doth necessarily produce a disturbance and Schisme in the Body and the conserving cause by destroying the Freedome of Councells which are the proper Remedies of Schisme Whether these later Councells were Occumenicall or Occidentall or neither is not the point in debate They are those which they call Generall They were as Generall as they would permit them to be and to conclude it was their fault that they were not more Generall So though this were not the very cause alleged by them why they did excommunicate us yet it was one of the Causes of the Schisme and consequently of our Excommunication I leave every man free to Iudge for himself but for mine own part I am so great a Lover of the peace of Christendome that I should not oppose the Bishop of Romes headship of Order if he would be content with it and that is as much as many whom he stileth his own Sons do yield him But though that be sufficient for the Catholick Church it is not sufficient for the Court of Rome to fill their Coffers they love not such a Dry Papacy I dispute onely whether the Popes right be Divine or humane or mixed as Gerson thought either score may justly challenge Duty But I am very positive that whatsoever the Bishop of Rome hath more then this Primacy of Order or beginning of Vnity he had it by humane right and by humane right he may lose it Neither doe I goe about to deprive the Bishop of Rome or any Bishop whatsoever of any Iurisdictiō purely spirituall which was left them as a Legacy by Christ or by his Apostles but I deny that Apparitors or Pursivants or Prisons are of Christs Institution I deny that Christ or his Apostles did ever either exercise themselves or grant to others Authority to exercise Coactive Iurisdiction in the exteriour Court over the Subjects of other Princes within their Dominions and without their leaves If Subjects submit Volenti non fit injuria but then it is not Coactive If Princes give leave as they have done in all Ages so far as they judged it expedient for the publick good then it is very lawfull but without the Subjects submission or the Princes leave there may be indeed a spirituall kind of Coactiō in the interiour Court of Conscience but no true coactiō in the exteriour Court of the Church I see he understandeth not the sense of that Logicall restriction The Papacy as it is such which signifieth not the Papacy as it ought to be or so far as all Roman Catholicks doe agree about it but the Papacy as it is Qualified in present or as it is owned or obtruded or endeavoured to be obtruded by the Pope and Court of Rome So the Papacy as it is such is opposed or contradistinguished to the Ancient Papacy in the purer and more Primitive times which was not guilty of those Vsurpations which the modern Popes have introduced Thus still my Contradiction doth end in his misunderstanding My fourth ād last charge of Schisme upō the Pope and Court of Rome was thus They who take away the Line of Apostolicall Successiō throughout the world except in the See of Rome who make all Episcopall Iurisdiction to flow from the Pope of Rome and to be founded in his Lawes to be imparted to other Bishops as the Popes Vicars and Coadjutors assumed by them into part of their Charge are Schismaticks But the Pope and Court of Rome and their mainteiners do thus Therefore the Pope and Court of Rome and their mainteiners are Schismaticks To this Argument he vouchsafeth no answer at all in due Forme as it ought to be and I have no reason to insist long upon his Voluntary Iargon All the Answer which he intimateth is this that this Tenet is not Generall among them but points of Faith are held generally Here is an answerlesse Answer without confessing or denying either Proposition such an Answer doth not become one who maketh himself so great a Master in the Art of disputing I charge not their whole Church but the Pope and Court of Rome and all their Abetters and Mainteiners with the Crime of Schisme I conclude no more then I assume He answers that the whole Church dot not hold these Tenets What is that to the purpose As if a Particular person as the Pope or a Particular Society as the Court of Rome or the greater part of a Church as all their Abetters and mainteiners could not be Schismaticks except the whole Church be Schismaticall which is most absurd I am free to charge whom I will if he will not answer for them he may be silent but if he undertake to be their Advocate let him defend them in due Forme as he ought and not tell us that he is not concerned as a Controvertist to defend any thing but Points of Faith Which is neither better nor worse in plain English then to run away from the Question All our Controversy is whether such and such pretended Privileges be Papall Rights or Papall Vsurpations If he dare not maintein them to be just rights either by divine Law
the searcher of all hearts that what I say is true and his accusations are groundlesse Calumnies But as to the merit of the cause he addeth that these unusuall expressions were onely these that Christ had two distinct persons and no distinct natures Thus he saith but what Authours what Authority doth he produce that any of these Churches are guilty of any such expressions None at all because for all his good intelligence he hath none to produce nor ever will be able to produce any and so his good intelligence must end in smoke and stinke as his most faithfull protestation did before I will conclude this point to his shame with the Doctrin of the English Church Art 2. That the two Natures Divine and Humane are perfectly and inseperably conjoined in the Vnity of the person of Christ. Doth this agree with his counterfeit expressions Christ hath two distinct persons no distnct natures When I used this expression the best is we are either wheat or chaffe of the Lords Floore but their tongues must not winnow us these words the best is had no such immediate Relation unto the words immediatly following we are either wheat or Chaffe but to the last words their tongues must not winnow us making this the complete sense we are either wheat or chaffe but the best is whether we be wheat or chaffe their tongues must not winnow us What poore boyish pickquering is this In my Reply to the Bishop of Chalcedon occasionally I shewed the Agreement of the Greek Churches with the Church of England in the greatest Questions agitated between us and the Church of Rome out of Cyrill late Patriarch of Constantinople which he taketh no notice of but in requitall urgeth a passage out of Mr. Rosse in his booke called a View of all Religions It is an unequall match between Mr. Rosse a private Stranger and the Patriarch of Constantinople in a cause concerning his own Church I meddle not with Mr. Rosse but leave him to abound in his own sense I know not whether he be truly cited or not but with Mr. Serjeant I shall be bold to tell him that if he speaketh seriously and bona fide he is mistaken wholy Neither doe the Greekes place much of their Devotion in the worship of the Virgin Mary and painted Images Heare Cyrill the Patriarch we give leave to him that will to have the Images of Christ and of the Saints but we disallow the Adoration and worship of them as prohibited by the Holy Ghost in Holy Scripture And another They give great honour to the Virgin Mary the Mother of Christ but they neither adore her nor implore her aide And for the Intercession prayers help and Merits of the Saints taking the word Merit in the sense of the Primitive Church that is not for Desert but for Acquisition I know no Difference about them among those men who understand themselves but onely about the last words which they invocate in their Temples rather then Churches A Comprecation both the GreciaÌ„s and we do allow an ultimate invocatioÌ„ both the Grecians and we detest so do the Church of Rome in their Doctrine but they vary from it in their practise It followeth They place IustificatioÌ„ not in Faith but in workes Most Falsly Heare Hieremy the Patriarch We must doe good workes but not confide in them And Cyrill his Successour VVe believe that man is justified by Faith not VVorkes Before we can determine for whom those Eastern Southern and Northern Christians are in the Question concerning the Sacrifice of the Masse it is necessary to know what the right state of this Controversy is I have challenged them to goe one step further into it then I do and they dare not or rather they cannot without Blasphemy The next instance concerning Purgatory is so grosse and notorions a mistake that it were a great shame to confute it They believe that the soules of the Dead are bettered by the prayers of the living Which way are they bettered That the soules of damned are released or eased thereby the Modern Greeks deny and so do we That there are any soules in Purgatory to be helped they deny and so do we That they may be helped to the Consummation of their Blessednesse and to a speedier Vnion with their Bodies by the resurrection thereof they do not deny no more do we We pray dayly Thy Kingdome come and Come Lord Iesus come quickly and that we with this our Brother and all other departed in the Faith may have our perfect Consummation and blesse both in body and Soule They hate Ecclesiasticall Tiranny and lying supposititious Traditions so do we but if they be for the Authority of the Church and for genuine Apostolicall Traditions Gods blessing on their hearts so are we Lastly the Grecians know no feast of Corpus Christi nor carry the Sacrament up and down nor elevate it to be adored They adore Christ in the use of the Sacrament so do we They do not adore the Sacrament no more do we Yet from hence he inferreth that there is not a point of Faith wherein they dissent from the Church of Rome except that one of the Popes Supremacy It is well they will acknowledge that Yet the Grecians agree with us and differ from them in his two Rules or Bonds of Vnity In the Rule of discipline the Grecians and we have the same Government of Bishops under Patriarchs and Primates Secondly in the Rule of Faith the Grecians and we have both the same Canonicall bookes of Scripture both reject their Apocryphall Additions from the Genuine Canon They and we have both the same Apostolicall Creed both reject the new Additions of Pius the fourth In summe they and wee doe both deny their Transubstantiation their Purgatory their Iustification by workes in sensu forensi their doctrine of Merits and Supererogation their Septenary number of the Sacraments their Image worship their Pardons their private Masses their half-Communion And to be briefe the Grecians doe renounce and reject all those Branches of Papall power which we have cast out of the Church of England As the Popes Soveraignty over the Catholick Church by divine Right as Nilus saith It is intollerable that the Roman Bishop will not be subject to the Canons of the Fathers since he had his Dignity from the Fathers Secondly his Legislative power as Peter Stewart Vice-chanceller of Ingolstad witnesseth that the Grecians object it as an errour to the Latines that they make the Popes Commandements to be their Canons and Lawes Thirdly his Iudiciary power equalling the Patriarch of Constantinople to the Patriarch of Rome or rather preferring him Lastly his dispensative power accusing his Pardons and Dispensations as things that open a gaâ—e to all Kind of Villany I am glad that Nilus is in his good grace to be stiled by him one of the gravest Bishops and Authors of that party for one moderate expression wherein he saith no more then we say
Order not a supremacy of power They made him a beginning of Vnity to all particular Churches Yet subjected him to the Vniversall Church They looked upon him as Highest Bishop and Successour of St. Peter but they believed that a Generall Councell had power to shake his Candlestick and remove it if they found it expedient for the good of Christendome If he come so far short of divine right in his faire pretensions by what right will he seek to justify all his foule Vsurpations and enchroachments which have no decree of any Oecumenicall councell to warrant them no Imperiall Institntion to authorise them which have no foundation but the Popes own decretalls But â— reserve a full account of this for the next part of my Answer Onely Reader be pleased to take notice that it behooved Mr. Serjeant to have proved his Traditions clearly and distinctly as to those parts of Papall power which are controverted between us in earnest with the Vniversality of it and the perpetuity of it This he neither doth nor attempteth to doe nor in deed is he or any other able to doe but meerly presumeth it and slubbereth over the mater in deceitfull Generalls Sect. I. Cap. III. Wee are come now to the last part of his demonstration which was the Minor or Assumtion of his former Syllogisme That the Church of England in Henry the eighths dayes did breake these Rules of Vnity upon probable reasons not convincing grounds Which being the main question he should have fortifyed with proofes but he according to his Custome thinkes to carry it with confidence and clamours Does not all the World grant and hold that King Henry denyed the Popes Supremacy Does not all the World see that the pretended Church of England stands now otherwise in Order to the Church of Rome then it did in Henry the sevenths dayes c. Was Papall power cast out before was it not in actuall force till and at that time Wee beg nothing gratis but begin our Processe upon Truth acknowledged by the whole World What Papall power king Henry did cast out and what Papall power we hold out I shall demonstrate to the World not confusedly but distinctly by such proofes as are not to be gainsaid for matter of fact But before I gird my self to the worke it will not be amisse for the freeing of the Cause from future Cumber about them to give Satisfaction to his two Circumstances that wee did it onely upon probable reasons And in the dayes of king Henry the eighth For the first he keepeth a great stirre and bustling every where about our probable reasons and tbe nature of our Exceptions And he would make his reader believe that I have omitted this part of his wordâ— Guâ—lefully All which discourse is superfluous and impertinent For if he could make good his Conclusion that wee have cast out that which Christ himself did ordein in holy Scripture no reasons nor exceptions can be sufficient or so demonstrative and convincing as to justify a wilfull violation of Christs own ordination Every Plant saith our Saviour which my heavenly father hath not planted shall be rooâ—ed up But if this be Christs own Plant which he himself hath planted to goe about to root it up were plainly to fight against God We renounce all reasons and all exceptions against Christs own ordination His very intimation that wee might doe what we did upon demonstrative reasons is an implicit Confession that it was not against Christs own ordination There was no need why I should meddle wich mine own exceptions here That was his office in the position of the Case That case is meanly and partially stated which is stated but on one side he ought to have included my Exceptions in his case Besides I was sure to meet wich my exceptions in every Section and therefore reserved them for their proper-places as being loath to offend the Reader wich twice sodden Coleworts But let him not feare that I will relinquish my Exceptions I shall maintain them to be demonstrative of the Popes Vsurpations in England and leave them freely to try it out with his Demonstrations The second Circumstance is concerning the time when the breach is supposed to have been made In the dayes of Henry the eighth And it is thus far true that then the breach was declared and the War proclaimed to all the World but this breach was making long before Henry the eighth was born form the dayes of Pope Hildebrand for about four hundred yeares There was no open hostility indeed between the Court of Rome and the Church and Kingdome of England but they were still upon their Gards and still seeking to gaine ground one upon another as appeareth by the decrees and Lawes and Machinations of those times A breach in a strong Tower is long making before the Walls tumble visibly down A Scathfire is long kindling before it breake out in an universall flame A Cronicall disease is long gathering and forming before the certain Symptoms there of doe appeare We use to say the second blow makes the fray but the first blow makes the Battery and the guilt All that time that they were forcing their grosse usurpations upon us the Breach was making I have done wich his two Circumstances The Substance of his Assumtion remaineth But before I grapple with him about that give me leave to lay down four grounds or Considerations so indifferent that no rationall man can deny them The first is that every one who is involved materially in a Schism is not a formall Schismatick no more then â—hee that marrieth after long expectation believing and having reason to believe that her former Husband was dead is a formall Adultresse or then he who is drawn to give divine Worship to a creature by some misapprehension yet addressing his devotions to the true God is a formall Idolater A man may be Baptisatus voto as S. Ambrose said baptised in his desire and God Almighty doth accept it why may he not as wel Communicate in his desire and be accepted with God likewise If S. Austin say true of Heresy that He who did not run into his Errour out of his own overweening presumption nor defends it pertinaciâ—asly but received it from his seduced parents and is carefull to search out the truth and ready to be corrected if he find it out he is not to be reputed among Hereticks It is much more true of Schism that he who is involved in Schism through the errour of his Parents or Predecessors who seeketh carefully for the Truth and is prepared in his mind to embrace it whensoever he finds it he is not to be reputed a Schismatick This very Bond of Vnity and preparation of his mind to peace is an implicit â—enunciation and abjuration of his Schism before God This is as comfortable a ground for ignorant Roman Catholicks as for any persons that I know Who are hurried hoodwinked in to
after Eleuen hundred years were eâ—â—luxed a strange time to set up a divine right Gregory the seventh otherwise called Pope Hildebrand and after him Pope Calixtus did condemne all Investitures taken from a Lay hand aud prohibit the Arch Bishops to cousecrate any persons so invested Praesens audivi in Romano Concilio prohiberi saith Anselm I heard it with mine own eares prohibited in the Roman Court But what were their reasons I believe not overrigorous Demonstrations The first was frequent suspicion of Simony An unheard of piece of Iustice to take away an hereditary right for suspicion of a personall fault The second and third reasons are contained in the letter of Adrian the fourth to Frederick the first Apud Goldast Ab his qui Dii sunt filii excelsi omnes homagium requiâ—is Fidelitatem exigis manus eorum sacratas manibus tuis innectis Thou requirest homage of those who are Gods and all the Children of the most High thou exactest an Oath of Fidelity and knittest their sacred hands with in thy hands A strange presumtion in a Soveraign Prince if you marke it well to hold his subjects hands within his Hands whilest he was swearing his Allegiance But the maine exception was the Homage or Oath of Fidelity it self And was it not high time thinke you to except against their swearing of Fidelity to their Native Prince whom the Bishops of Rome intended to exempt from his Iurisdiction aud to make them turn Subjects to themselves as they did in a great part effect it very shortly after Then was the time where of Platina speaks that there was great Consultation about the Homage and Fealty and Oaths of Bishops which in former times were sworn to lay men Were they so indeed Here is an ingenuous Confession of the Popes own Library Keeper Indeed at the first whilest they were robbing the King of the Iewells of his Crown they preached up nothing but free Elections but after they had onte seised their prey they changed their once forthwith to Dei Apostolicae Sedis Graria By the Grace of God and the Apostolique See Or ex plenitudine Ecclefiasticae potestatis out of the Fulnesse of our Ecclesiasticall power And when this Bell had rung out a while Egypt never a bounded more with Caterpillars then our Native Country did with Provisions and reservations and Pensions with all theÌ„hellish arts of Sublimated Simony Then our best dignityes and Benefices were filled with Strangers who could not speak an English word nor did ever tread upon English ground dayly more and more untill these well chosen Pastors who knew how to sheare their Flocks though they did not know how to feed them received yearly out of the Kingdome more theu the revenues of the crown He were very simple who should thinke the Court of Rome did not lick their own Fingers There remaineth but one thing to be done to stick the Guilt of this intolerable Vsurpation undeniably upon the See of Rome that is to sâ—ew that the Investiture of Bishops was the undoubted right of the Crown This is as cleare as the Sun both in our most Authentick Historiographers and records if I had the meanes to producetheÌ„ and also in our ancient Lawes published long since to the world in print and these not enactive of new law but declarative of the fundamentall law of the land First for our Histories Gervasius Dorobernensis relateth that Lanfrank desired of William the conquerer the Patronage of the Abby of S. Austin but the King answered Se velle omnes baculos pastorales in manu tenere That he would keep all the Crosier staffes that is the Investitures in his own hand The same is testified Anselm himself by one whose Authority cannot be doubted of He Anselm after the manner and Example of his Predecessor was inducted according to the Custome of the Land and did Homage to the King homo Regis factus est as Lanfranke his Predecessor in the Archbishoprick of Canterbury in his time had done And the manner of his Investiture is related how the Bishops pulled him and haled him as it were by violence to the Kings bedside William Rufus where he lay sick and helped to thrust the Crosier staffe by force into his hand Yet all that time though Anselm had many other Pretenses he had no exception against Investiture by a Lay hand but shortly after it grew to such an height and Anselm was the chief Stickler in it that William the Agent of King Henry the First protested openly to Pope Paschall Whatsoever is said on this side or on that I would have all men here present to know that my Lord the King of England will not suffer the losse of his Investitures for the losse of his Kingdome To whom Pope Paschall answered as resolutely but not so justly Know thou I speake it before God that Paschall the Pope will not suffer him to keep them without punishment no not for the redemtion of his head Neither was this the case of Anselm or Lanfranke alone but the commoÌ„ case of all Bishops in those dayes Hear the confession of the same author To conclude the very cause of the difference between the King and Anselm seemed a new thing or innovation to this our age and unheard of to the English from the time that the Normans began to Reign that I say not sooner For from the time that William the Norman conquered that Land no Bishop or Abbat was made before Anselm who did not first doe Homage to the King and from his hand by the gift of a Crosier staffe receive the investiture to his Bishoprick or Abbacy except two Bishops of Rochester who were Surrogates to the Arch Bishop of Canterbury and inducted by him by the Kings Concession Yea by his Favour so did Anselm himself Though he sought afterwards to wave it And though he be loath to speak out That I say not sooner Yet he might have said sooner and others doe say sooner as Ingulph the Abbat of Crowland in the time of the Conquerer For many yeares past there hath been no free Election of Prelates but the Kings Court did conferre all dignities according to their pleasure by a Ring and by a Crosier And this Custome had held not onely for Many yeares but for many Ages king Edgar did grant to the monkes of Glastenbury the free Election of their Abbat for ever but he reserved to him self and to his Heirs the power to invest the Brother elected by the tradition of the Pastorall staffe Thus for our histories now for our Lawes where of I shall need to cite but three The First is the Statute or Assise or Memoriall of Clarendon containing part of the ancient Liberties and Customes of the Realme made in the Generall assembly of the Kingdome King Bishops Peers to which they gave both their oathes assertory for the truth of it and Promissory for performance of it The
which ought to have been done in a Legall Appeale But the successe was so contrary to the Popes Interest and the Resolution of the King Church and Kingdome of England so unanimous That they could not assent to the Popes Legation because it was against reason that a person twice condemned by the whole Councell of the English should be restored upon the Popes Letter that England was never troubled with any more appeales to Rome untill after the Conquest Neither Durst the Pope send any Bulls or Mandates then but a plain Letter The next Appellant was Anselm a Stranger who knew not the liberties of England in the Dayes of Henry the first as succeslesse as Wilfrid had bene Will you trust the Testimony of a King And I know not why a King should not be trusted for the Customes of his own Kingdome Hear King Henry the First the Sonne of the Conquerour It is a Custome of my Kingdome instituted by my Father instituted indeed but not first instituted for it was an old Saxon Custome that no Pope be appealed to without the License of the King Another Law of the same King was By all meanes wee discharge forrain Iudgements If you will not trust the King trust the whole Kingdome upon their Oaths in the Dayes of Henry his Grandchild The First English Custom recited in the Assise of Clarendon is this That all Appeales in England must proceed regularly froÌ„ the Archdeacon to the Bishop from the Bishop to the Arch Bishop and if the Arch Bishop failed to doe Iustice the last coÌ„plaint must be to the King to give order for redresse If wee will not trust the King and Kingdome Yet lâ—t us trust the Pope him self thus Paschal the secoÌ„d writeth to our Henry the first The Popes Nuncioes and Letters doe find no reception within thy Iurisdiction There are no Complaints from those parts no Appeales are destined to the Apostolick See The Abbat of Thorney found this true by experience who lay long in prison notwithstanding his Appeale to Rome The Case is so plaine that I shall not cite one Authority more in it but onely one of our Statute Lawes made not onely by the Assent as is usnall but upon the prayer and grievous and clamorous Complaints of the Peers and Commons That because People are Drawn out of the Realm to answer things the Cognisance whereof belongeth to the Kings Courts and the Iudgements of the Kings Courts are impeached in another Court the Court of Rome to the disinheriting of the king and his Crown and the undoing â—and destruction of the Common Law of the Land Therefore it is ordeined that whosoever shall draw a man out of the Realm in Plea if he doe not appeare upon Summons and conform to the sentence of the kings Court he shall forfeit Lands and Goods be outlawed and imprisoned Against such Fortifications grounded upon Prescription and Imperiall Lawes the Canon of the Councell of Sardica will make no great Battery Take the Councell of Sardica at the best waving all exceptions yet certainly it was no generall Councell If it were it had been one of the four first If it had been a generall Councell it self three succeeding Popes were much to blame to Father the Canons of it upon the first Generall Councell of Nice The Canons of the Councell of Sardica did not bind the Africans of old much lesse bind us now Secondly the Canon of Sardica doth onely give way to Appeales to Rome in cases between two Bishops but the Court of Rome admitteth Appeales from inferiour Clergy men from Lay men from all sorts of men in all sorts of Causes that are of Ecclesiasticall Cognisance Thirdly the Canon of Sardica is a meer permission no precept what may be done in discretion not what ought to be done of necessity it was proposed with a Si vobis placet If it please you and the ground of it is a Complement Let us honour the Memory of S. Peter Fourthly There is one great Circumstance in our Case which varieth it quite from that proposed by Osius to the Sardican Fathers that is that our King and the Lawes of the Realm do forbid Appeales to Rome If there had been such an Imperiall Law then doe wee thinke that the Fathers of Sardica would have been so disloyall or so simple to thinke to abrogate the Imperiall Lawes by their Canons which are no Lawes but by the Emperours Confirmation No the Fathers of that Age did know their duty too well to their Emperour and if they could have foreseen what avaricious practises and what grosse Oppressions would have sprung in time from this little seed of their Indulgence they would have abhominated them Lastly supposing the Sardican Councell had been of more Authority and the Canon thereof of more Extent then it was and more peremptory and that there had been no such intervening impediment why English Subjects could not make use of that Remedy yet the Councell of Sardica can give but humane right And a contrary Prescription for a thousand years is a sufficient Enfranchisement from all pretence of humane right The second branch of this Vsurpation is as cleare as the former concerning Papall Bulls and Excommunications That by our ancient Lawes they cannot be executed in England without the Kings Leave In the Assise of Clarendon this is found to be one of the ancient Customes of England That none of the Kings Servants or Tenents that held of him in Capite might be excommunicated or their Lands interdicted before the King was made acquainted There was a severe Lawe made in the Reign of the same King If any man be found bringing in the Popes Letter or Mandate Let him be apprehended and let justice passe upon him without delay as a Traitour to the King and Kingdome It seemeth that the first and second Henryes were no more propitious to Rome then Henry the eighth Take one Statute more it was enacted in full Parliament by Richard the secoÌ„d that if any did procure or pursue any such Processesâ—or excommunications in the Court of Rome as are there meÌ„tioned that is concerning presentatioÌ„s to benefices or dignities Ecclesiasticall and they who bring them into the realm or receive them or execute them shall be put out of the Kings protection their Lands Goods and Chattells be confiscated to the King and their Bodies attached They had the same respect for the Popes Bulls as often as they did not like them in Henry the fourths time as wee see by the Statute made against those who brought or prosecuted the Popes Bulls granted in favour of the Cystercians By the Law of England if any man denounced the Popes Excommunication without the assent of the King he forfeited al his Goods And it is recorded in particular how the Kings writ issued out against the Bishops of London and Norwich as being at the Kings Mercy because contrary to the Statute of
Clarendon by the Popes Mandate they had interdicted the Lands of Earl Hugh and had published an Excommunication without the Kings License which the Pope had given out against him All these Lawes continued still in force and were never repealed in England neither before Henry the eighth began the reformation nor since by Queen Mary but have ever continued iu full force untill this day Lastly for Legates and Legantine courts there could be no Appeale in Eugland to any Legate or Nuncio without the Kings leave but all Appeales must be from the Archdeacon to the Bishop from the Bishop to the Archbishop from the Archbishop to the King as we see expresly by the statute of Assise of Clarendon formerly cited The Kings of England did ever deem it to be an unquestionable right of the Crown as Eadmerus testifieth to suffer none to excercise the Office of a Legate in England if the King him self did not Desire it of the Pope upon some great quarrell that could not be so well Determined by the Arch-bishop of Canterbury and the other Bishops Which Privilege was consented unto by Pope Calixius By the Lawes of England if a Legate was admitted of Courtesy he was to take his Oath to doe nothing Derogatory to the King and his Crown Henry the sixth by the counsaile of Humphry Duke of Gloster the Protector protested against Pope Martin and his Legate that they would not admit him contrary to the Lawes and Libertyes of the Realm and dissented from whatsoever he did And when the Pope had recalled Cardinall Pooles Commission of Legate for England and was sending another Legate into England Queen Mary being very tender of her Kinsmans Honour for all her good affection to Rome was yet mindfull of this point of old English Law to cause all the Seaports to be stopped and all Letters Briefs and Bulls from Rome to be intercepted and brought to her Shee knew this was an old English not a new protestant Privilege Neither would she ever admit the new Legate to appeare as Legate in her presence Now let us see how these old English Customes doe agree with the French Liberties The Pope cannot send a Legate a latere into France with power to Reform Iudge Collate dispense except it be upon the desire or with the Approbation of the most Christian King Neither can the Legate execute his Charge untill he hath promised the King under his Oath upon his holy Orders to make no longer use of the Legantine power in the Kings Dominions then it pleaseth him That he shall attempt nothing Contrary to the Liberties of the Gallicane Church And it is lawful to Appeale from the Pope to a future Councell Another Liberty is The Commissions and Bulls of Popes are to be viewed by the Court of Parliament and registred and published with such Cautiōs as that Court shall Iudge expedient A third Liberty is Papall Bulls Sentences Excommunications and the like are not to be executed in France without the Kings command or Permission Lastly neither the King nor his Realm nor his Officers can be Excommunicated nor Interdicted by the Pope And as England and France so all the seventeen Provinces did enjoy the same Privileges as appeareth by the Placaet of the Councell of Brabant dated at Bruxelles May 12 An. 1653. Wherein they declare that it was notoriously true that the subjects of those Provinces of what State or Condition soever that is the Clergy as well as the Laity cannot be cited or convented out of the Land no not before the Court of Rome it self And that the Censures Excommunications c of that Court might not be published or put in execution without the Kings Approbation It seemeth that if the Pope had any judiciary power of old he must seek it nearer Home People had no mind to goe over the Alpes to seek for Justice And that Ordinance of Sainct Cyprian had place every where among our Ancestours Seing it is decreed by all and it is equall and just that every mans cause be heard there where the Crime was committed and a Portion of the Flock is assigned to every Pastor which he may rule and govern and must render an account of his Actions to the Lord It behoveth those whom wee are over not to run up and down nor to knock Bishops who agree well one◠against another by their Cunning and deceitfull Rashnesse but to plead their Cause there where they may have both Accusers and Witnesses of their Crime Vnlesse the Authority of the African Bishops who have Iudged them already seem lesse to a few desperate and lost persons c. To say S. Cyprian meant not to condemne appeales but onely the bringing Causes out of Africk to Rome in the first Instance is a shift as desperate as that of those Fugitives For St. Cyprian telleth us plainly that the cause was already Iudged and sentence given in Africk The first Instance was past and this Canon was made against Appeales out of Africa to Rome Sect I. Cap VIII So from his Iudiciary power I come to Papal dispensations the last of the grosser Vsurpations of the Bishops of Rome Where I have a large Field offered me to expatiate in if I held it so pertinēt to the present Controversy The Pharisees did never dilate their Philacteries so much as the Roman Courtiers did their dispensative power The Pope dispenseth with Oathes with Vowes with Lawes he looseth from Sinnes from Censures from Punishments Is not this a strange Key which can unlock both sinnes and censures and Punishments and Lawes and Oaths and Vowes where there are so many and so different wards It is two to one that it proveth not a right Key but a Picklock Their doctrin of Dispensations was foule enough especially in such cases as concern the Law of God or Nature as Oaths Vowes Leagues Marriages Allegiance For either they make the dispensation to be onely Declarative and then the Purchaser is meerly Cheated who payes his money for nothing Or else they make all Contracts Leagues promises to be but Conditionall If the Pope approve them which destroyeth all mutuall trust and humane Society Or thirdly they make the Popes Dispensations to be a taking away of the matter of the Vow or Oath that is the Promise as if the Papall power could recall that which is past or make that to be undone to day which was done yesterday or that not to be promised which was promised Or lastly they doe dispense with the Law of God and Nature as they doe indeed what soever they pretend to the Contrary or all this kind of dispensations signify nothing But the Practise of Dispensations was much more foule Witnesse their Penitentiary Taxe wherein a man might see the Price of his Sin before hand Their common Nundination of Pardons Their absolving Subjects from their Oaths of Allegiance Their loosing of Princes from their solemne Leagues of Married people from the Bonds of
the Lawes and histories of his native Country If he had perused them diligently he might have observed how the Court of Rome and Crown of England were long upon their Gards watching one another and the one or the other gained or lost mutually according to the Vigour of their present Kings or Popes or according to the exigence of the times His seventh Objection that the like Lawes to ours in England were made in the Papacy it self but those could not be against the Popes Headship of the Church and his tenth Objection that then there never was a Papist Country in the world because equivaleÌ„t Lawes to ours were made in France Spaine Italy Sicily Gormany Poland c and his answer to my demand what law full Iurâ—sdiction could remaine to the Pope in England where such and such Lawes had force The same that remaines still to him in France Spaine Italy where the like lawes are in force in his last paragraph are a dish of unsavoury mushromes all sprung up from his own negligent mistake or wilfull Falsification let him chuse whether he will in confounding the Lawes of Mortmain with the other Lawes against the Popes Vsurpations Which I distinguished exactly both at the beginning of that discourse the Statute of Mortmain justified and at the Conclusion But to leave this Digression But besydes this grosse errour there want not other inconsequences and fallacies in his discourse as in his seventh Objection from the Popes particular Headship of his own Church to an Vniversall Headship over the Catholick Church and from an Headship of order to a Monarchicall Headship of power and in his tenth Objection from like lawes to the same Lawes from Lawes made to Lawes duely observed We had Lawes made against Non-conformists in England will he conclude thence that we have no Non-conformists in England the Argument would hold better the Contrary way Ex malis moribus bonae leges And in his last Paragraph from Coactive Iurisdiction in the Exteriour Court to Iurisdiction purely Spirituall in the Court of Conscience and from Coactive Iurisdiction with the leave of the Prince to the same without Leave Wee see all Roman Catholick Countries doe stint the Popes Coactive Iurisdiction over their Subjects more or lesse according to their severall Liberties which they could not doe at all if he held it by Christs own Ordination His eighth Objection that upon this new Law made by Henry the eighth England stood at another distance then formerly from Rome is a Fallacy non causae pro causa when a false cause is assigned for a true cause Our just Lawes are not the right cause of our distance from Rome but the Popes unjust Censures and that Character which some of our Countrimen give of us But this distance is greater among the Populacy then between the Estates who do not much regard the Popes Censures either in making or observing of Leagues To his ninth Objection in his order and his last in my order that this Posiâ—â—on takes away the Question and makes all the Controvertists in England on both sides talke in the aire because it makes the Pope to have had no Authority there to be cast out I answer I wish it did but it doth not The Pope had Authority there and Authority usurped fit to be cast out notwithstanding our former good Lawes But yet I must confesse this Position doth much change the Question from spirituall Iurisdiction in the inner Court to Coactive Iurisdiction in the exteriour Court and makes him and many other such Controvertists talk in the aire who dispute onely about Headships and First Moverships when the true Controversy lieth in point of Interest and profit Sect. 4. That the Britannick Churches were ever exempted from forrein Iurisdiction for the first six hundred years and so ought to continue After I had shewed the Equality of the Apostles except onely a Priority of Order and that the Supremacy of power did not rest in any single Apostolicall College that Nationall Patriarchs were the highest Order constituted by the Apostles in the Church and how some Patriarchs came to be advanced above others with the true dignity or Preheminence of Apostolicall Churches the summe of all the rest of this Section might be reduced to a Syllogisme Those Churches which were exempted from all forrain Iurisdiction for the first 600 years cannot be subjected to any forrain Iurisdiction for the future against their own wills But all the Britannick Churches were ever exempted from forrain Iurisdiction for the first six hundred yeares The Major Proposition was proved by me undeuiably out of the first Generall Councell of Ephesus to which Mr. Serjeant hath objected nothing Next I proved the Minor First by Prescription Affirmanti incumbit probatio The burthen of the proofe in Law resteth upon the Affirmer but they are not able to shew so much as one single act of Iurisdiction which ever any Bishop of Rome did in Brittaign for the first six hundred yeares Secondly I proved it from the Antiquity of the Britannick Church which was ancienter then the Roman it self and therefore could not be subject to the RomaÌ„ from the beginning Thirdly because the Britannick Churches sided with the Eastern Churches against the Roman and therefore were not subject to the Roman Foâ—rthly because they had their Ordinations ordinarily at home which is an infallible sign of a free Church subject to no Forrein Iurisdiction Lastly because they renounced all Subjection to the Bishop of Rome I am forced to repeat thus much to let the Reader see the contexture of my discourse which Mr. Serjeant doth whatsoever he can to conceale or at least to confound and disjoint Out of this he picketh here and there what he pleaseth First he pleadeth that my Title is the Vindication of the Church of England but the Church of England can derive no title from the Britannick or Scottish Churches He never read or quite forgetteth the State of the QuestioÌ„ I will help his memory Let him read the Vindication by the Church of England we understand not the English Nation alone but the English dominion including the British and Scotish or Irish Christians So at unawares he hath yielded the Bishopricks of Chester Hereford Worcester for all these were Suffragans to Carleon Wales Cornwall Ireland Scotland with all the adjacent Ilands that is to say two third parts of the English Dominion Secondly he pleadeth that for this many hundred yeares they acknowledged the Popes Authority as well as the Church of England I answer that this will doe him no good nor satisfy the Generall Councell of Ephesus at all which hath decreed expresly in the case of the Cyprian Prelates and they Command the same to be observed in all Provinces that no Bishop occupy another Province which formerly and from the beginning was not under the power of him or his Predecessors and if any doe occupy another Province that in this case let him restore it