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. I. 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. And 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 jus 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 the 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 pradicandi licentiam he enlarged his licence so to do 'T is true Saint Gregory presumed Iargly 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 than 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 Calcedon hath done his Cause by these little Instances before mentioned will best appear by a true state of the question touching the Supremacy betwixt Vid. Bramh. p. 189. c. 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 Appeal 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 sound 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 sometime 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 Primacy in the Bishop of Rome or an acknowledged Judgment of direction flowing from it or a claim of Jurisdiction which is no Possession
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 Obj. Indeed that Pope Innocent the Third and his 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 any Statute of Provisions c. this was in the Rot. Parl. 10 Hen. 6. n. 16. 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 that is used the same Power within this Island Malms f. 127. 15. the Pope did in other Parts Consequently if any question did arise the determination was in Council as the deposing Stygand and the setling the precedency betwixt Wigorn. An. 1070. 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. 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 Crocier 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 Cam. 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 Legate of his Holiness indeed But let us examine what entertainment the Power of a Legate found here the Arch-Bishop Math. Par. p.
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 dustine 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 hardly 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 Laws of Alured and Gunthrun how many Gervis Dorober p. 1648. 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 Dismherison 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 it be disanulled by the Pope is to be allowed Lord Coke Cawdrie's Case 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 of Stat. 2 Hen. 4. c. 3. Religion obtain of the Bishop of Rome to be Exempt from Obedience Regular or Ordinary he is in
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 how ever A. C. Term it for Arch-Bishop Iren. l. 3. â— 3. Laud to grapple with the Authority of Irenaeus who saith to this Church meaning Rome propter potentiorem Principalitatem for the more powerful Principality of it 't is necessary that every Church that is the faithful undique should have recourse in qua semper ab his qui sunt undique conservata est ea quae est ab Apostolis traditio His Lordship seems to grant the whole Rome being then the Imperial City and so a Church of more powerful Authority than any other yet not the Head of the Church Vniversal this may suffice without the pleasant criticizing about undique with which if you have a mind to be merry you may entertain your self in Dr. Still p. 441. c. But indeed A. C. is guilty of many Mistakes in reasoning as well as criticizing he takes it for granted that this Principality is attributed by Irenaeus here to Rome as the Church not as the City 2. That the necessity arising hence was concerning the Faith and not secular Affairs neither of which is certain or in likelihood true vid. Dr. Still p. 444. Besides if both were granted the necessity is not such as supposeth Duty or Authority in the faithful or in Rome but as the sense makes evident a necessity of expedience Rome being most likely to give satisfaction touching that Tradition about which that dispute was Lastly the Principality here implies not proper Authority or Power to decide the Controversie one kind of Authority it doth imply but not such as A. C. enquired for not the Authority of a Governor but of a Conservator of a Conservator of that Truth that being made known by her might reasonably end the quarrel not of an absolute Governour that might command the Faith or the Agreement of the Dissenters This is evident 1. Because the Dispute was about a matter of Fact whether there was any such Tradition or not as the Valentinians pretended 2. Because Irenaeus refers them to Rome under this reason conservata est the Apostolical Traditions are kept there being brought by the faithful undique thither and therefore brought thither because of the more Principality of the City all persons resorted thither Obj. Lastly It is acknowledged that Pope Gregory doth say that if there be any fault in Bishops Eph. 65. ind 2. 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 Sol. Indeed this smells of his ambition and design 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 Com. Tom. 5. p. 60. E. â— 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 Confâ—ssor 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 to be the Vicar of Christ and the Arch-Bishop of Canterbury Pope of another World we may I think safely
and as Head of a new and strange Church draws the Body of his Faction after him into the same Schism in flat contradiction to the essential Profession both of the ancient and present Church of Rome and to that solemn Oath by which also the Pope as Pope binds himself at his Inauguration to maintain and communicate with Hence not only Vsurpation 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 Dionysius so utterly silent as to the Vniversal Head of the Church Reigning Dionysius 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. 290. 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 and therefore refers us in the point of Tradition Ireneus lib. 2. c. 3. p. 140 141. as well to Polycarp in the East as to Linus Bishop of Rome in the West Tertullian adviseth to consult the Mother-Churches Turtullian 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.
hearty prayer of My Lord Your Lordships most obliged and devoted Servant FR. FULLWOOD A PREFACE TO THE READER Good Reader OUr Roman Adversaries claim the Subjection of the Church of England by several Arguments but insist chiefly upon that of possession and the Universal Pastorship if any shall deign to answer me I think it reasonable to expect they should attach me there where they suppose their greatest strength lies otherwise though they may seem to have the Advantage by catching Shadows if I am left unanswered in those two main Points the Substance of their Cause is lost For if it remain unproved that the Pope had quiet possession here and the contrary proof continue unshaken the Argument of Possession is on our side I doubt not but you will find that the Pope had not possession here before that he took not possession by Austine the Monk and that he had no such possession here afterwards sufficient to create or evince a Title 'T is confessed that Austine took his Arch-Bishoprick of Canterbury as the Gift of Saint Gregory and having recalled many of the People to Christianity both the Converts and the Converter gave great Submission and respect to Saint Gregory then Bishop of Rome and how far the People were bound to obey their Parent that had begotten them or he his Master that sent him and gave him the Primacy I need not dispute But these things to our purpose are very certain 1. That Conversion was anciently conceived to be the ground of their Obedience to Saint Gregory which Plea is now deserted and that Saint Gregory himself abhorred the very Title of Universal Bishop the only thing nowinsisted on 2. 'T is also certain that the Addition of Authority which the King's Silence Permission or Connivence gave to Austine was more than Saint Gregory's Grant and yet that Connivence of the new Converted King in the Circumstances of so great Obligation and Surprize who might not know or consider or be willing to exercise his Royal Power then in the Point could never give away the Supremacy inherent in his Crown from his Successors for ever 3. 'T is likewise certain that neither Saint Gregory's Grant nor that King's Permission did or could obtain Possession for the Pope by Austine as the Primate of Canterbury over all the Brittish Churches and Bishops which were then many and had not the same Reason from their Conversion by him to own his Jurisdiction but did stifly reject all his Arguments and Pretenses for it King Ethelbert the only Christian King at that time in England had not above the twentieth part of Brittain within his Jurisdiction how then can it be imagined that all the King of England's Dominions in England and Wales and Scotland and Ireland should be concluded within the Primacy of Canterbury by Saint Augustine's possession of so small a part 4. 'T is one thing to claim another to possess Saint Augustine's Commission was to subject all Brittain to erect two Arch-Bishopricks and twelve Bishopricks under each of them but what possession he got for his Master appears in that after the death of that Gregory and Austine there were left but one Arch-Bishop and two Bishops of the Roman Communion in all Brittain 5. Moreover the Succeeding Arch-Bishops of Canterbury soon after discontinued that small possession of England which Augustine had gotten acknowledging they held of the Crown and not of the Pope resuming the Ancient Liberties of the English Church which before had been and ought always to be Independent on any other and which of Right returned upon the Return of their Christianity and accordingly our Succeeding Kings with their Nobles and Commons and Clergy upon all occasions denied the Papal Jurisdiction here as contrary to the King 's Natural Supremacy and the Customs Liberties and Laws of this Kingdom And as Augustine could not give the Miter so neither could King John give the Crown of England to the Bishop of Rome For as Math. Paris relates Philip Augustus answered the Pope's Legate no King no Prince can Alienate or give away his Kingdom but by Consent of his Barons who we know protested against King John's endeavour of that kind bound by Knighs Service to defend the said Kingdom and in case the Pope shall stand for the contrary Error his Holiness shall give to Kingdoms a most pernitious Example so far is one unwarrantable act of a fearful Prince under great Temptations from laying a firm ground for the Pope's Prescription and 't is well known that both the preceeding and succeeding Kings of England defended the Rights of the Crown and disturbed the Pope's possession upon stronger grounds of Nature Custom and plain Statutes and the very Constitution of the Kingdom from time to time in all the main Branches of Supremacy as I doubt not but is made to appear by full and Authentick Testimony beyond dispute 2. The other great Plea for the Pope's Authority in England is that of Universal Pastorship now if this cannot be claimed by any Right either Divine Civil or Ecclesiastical but the contrary be evident and both the Scriptures Emperors Fathers and Councils did not only not grant but deny and reject the Pope's Supremacy as an Usurpation What Reason hath this or any other Church to give away their Liberty upon bold and groundless Claims The pretence of Civil Right by the Grant of Emperors they are now ashamed of for three Reasons 't is too scant and too mean and apparently groundless and our discourse of the Councils hath beaten out an unanswerable Argument against the claim by any other Right whether Ecclesiastical or Divine for all the General Councils are found first not to make any such Grant to the Pope whereby the Claim by Ecclesiastical Right is to be maintained but secondly they are all found making strict provisions against his pretended Authority whereby they and the Catholick Church in them deny his Divine Right 'T is plainly acknowledged by Stapleton himself that before the Council of Constance non divino sed humano Jure positivis Ecclesiae Decretis primatum Rom. Pont. niti senserunt speaking of the Fathers that is the Fathers before that Council thought the Primacy of the Pope was not of Divine Right and that it stood only upon the Positive Decrees of the Church and yet he further confesseth in the same place that the Power of the Pope now contended for nullo sane decreto publico definita est is 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
not rebel against the Government that God hath placed immediatly over us This fair respect the Church of England holds to the Communion both of the Catholick and all particular Churches both in Doctrine Worship and Government and the main exception against her is that she denies obedience to a pretended Power in the See of Rome a Power not known as now claimed to the Ancient Church a Power when once foreseen warned against as Antichristian by a Pope himself and when usurped condemned by a General Council And lastly such a Power as those that claim it are not agreed about among themselves But the charge of Schism falls after another sort upon our Roman Adversaries who have disturbed the Vniversal and all particular Churches by manifest violation of all the three bonds of external Communion The Doctrine and Faith by adding to the Canon of the Scripture Apocriphal Books by adding to the revealed will of God groundless Traditions by making new Creeds without the Consent of the present and against the Doctrine and practice of the Ancient Churches and as for Worship how have they not corrupted it by Substraction taking away one essential part of a Divine Ordinance the Cup from the Laity c. by additions infinite to the Material and Ceremonial Parts of Worship and by horrid Alterations of the pure and Primitive Worship to childish Superstitions and some say dangerous Idolatry Lastly As to Government they have plainly separated themselves both from the Ancient and present Catholick Church and all other particular Churches by usurping a Dominion condemned by the Ancient and that cannot be owned without betraying the Liberty of the present Church By exerting this Usurpation in unlawful and unreasonable Conditions of Communion and as it is said by Excommunicating for Non-obedience to these Impositions not only the Church of England but three Parts of the Christian World The proof on both sides we are to expect in due place SECT IV. The Conditions of Schism Causless Voluntary THe fourth and last thing considerable in the Definition is the Condition which Condition adds the guilt and formality of Schism to Separation which is twofold it must be Causeless and Voluntary 1. It must be voluntary Separation or denial of Communion but of this I shall say nothing Voluntary a greater man received a check from his Romish Adversaries for the proof of it saying who knows not that every sin is voluntary S. W Causless 2. It must be causless or as it is usually expressed without sufficient cause 't is a Rule generally allowed that the Cause makes the Schism i. e. if the Church give cause of Separation there is the Schism if not the cause of Schism is in the Separatist and consequently where the cause is found there the charge of Schism resteth I know 't is said that there cannot be sufficient cause of Separation from the true Church and therefore this Condition is needless but they ever mean by the true Church the Catholick Church 'T is granted the Catholick Church cannot be supposed to give such cause she being the ordinary Pillar of Truth wherein the means of Salvation can be only found therefore we rarely meet with any such condition in the Definitions of Schism given by the Fathers of the Ancient Church because they had to deal with Schisms of that kind that separated from the whole Church But hence to infer that we cannot have just canse to separate from the Church of Rome will be found bad Logick However if we could grant this Condition to be needless it cannot be denied to be true and the lawfulness of Separation for just cause is an eternal verity and if the cause be supposed Just cannot be said to be unjust seeing there cannot be supposed a sufficient cause of Sin the Act is justified while it is condemned Besides it is not questioned by our Adversaries but there may be sufficient cause of separation from a particular Church then if at last we find that the Church of Rome is no more there is more than reason to admit this Condition in the present Controversie But the Cause must not be pretended to effect beyond its influence or Sufficiency Therefore none may be allowed to deny Communion with a Church farther than he hath cause for beyond its Activity that which is said to be a cause is no cause Hence we admit the distinction of partial and total separation and that known Rule that we may not totally separate from a true Church and only so far as we cannot communicate without sin The Reason is evident because the truth and very being of a Christian Church implieth something wherein every Christian Church in the very Foundation and being of it hath an agreement both of Union and Communion Far be it from us therefore to deny all kind of Communion with any Christian Church yea we franckly and openly declare that we still retain Communion out of fraternal charity with the Church of Rome so far as she is a true Church Only protesting against her Vsurpations and reforming our selves from those corruptions of Faith and Worship of which Rome is too fond and consequently the more guilty SECT V. The Application of Schism Not to our Church IF this definition of Schism be not applicable to the Church of England she is unjustly charged with the guilt of Schism If the Church of England doth not voluntarily divide in or from the Catholick Church or any particular Church either by separation from or denying Communion with it much less by setting another Altar against it without sufficient cause then the definition of Schism is not applicable to the Church of England But she hath not thus divided whether we respect the Act or the Cause With respect to the Act viz. Division We 1. In the Act. argue if the Church of England be the same for Substance since the Reformation that it was before then by the Reformation we have made no such Division for we have divided from no other Church further than we have from our own as it was before the Reformation as our Adversaries grant And therefore if we are now the same Church as to Substance that we were before we hold the same Communion for substance or essentials with every other Church now that we did before But for Substance we have the same Faith the same Worship the same Government now that we had before the Reformation and indeed from our first Conversion to Christianity Indeed the Modern Romanists have made new Essentials in the Christian Religion and determine their Additions to be such But so Weeds are of the essence of a Garden and Botches of the essence of a Man We have the same Creed to a word and in the same sence by which all the Primitive Fathers were saved which they held to be so sufficient that in a general Council they did forbid Con. Ept. p. 2. Act. 6. c. 7. all persons under 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 over-grown 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 obedience 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
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 censure 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 Patriarchate 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 power of Government from the Infallibility of 4. Infallibility 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 Patriarch or as our first Converâ—â—r 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 as
would save their Head whole Therefore after much a do to very Schis diarm p. p. 157. little purpose S. W. concludes against Doctor Hammond thus Besides saith he were all this granted what is it to your or our purpose Since we accuse you not of Schism for breaking from the Pope's Subjection as a Private Patriarch but as the chief Pastor and the Head of the Church So there is an end of their Second Plea CHAP. V. The Third Papal Claim viz. Prescription or long Possession Case Stated Their Plea our Answer in three Propositions THe true state of the case here is this Case stated It cannot be denied but the Church of England was heedlesly and gradually drawn into Communion with the Roman Church in her additions superinduced upon the ancient Faith and Worship and likewise into some degrees of subjection to Papal Jurisdiction And in this Condition we had continued for some considerable time before King Henry the Eighth and that bold King upon what Motives is not here material with the consent of his three Estates in Parliament both houses of the Convocation and both the Vniversities of the Land threw off the Roman Yoke as a manifest Vsurpation and a very grievous oppression and recovered the people and Church of England to their ancient liberties of being governed by their own domestick Rulers Afterwards in the Reigns of Edward the Sixth and Queen Elizabeth and by their proper Authority we reformed our selves by throwing off the Roman Additions to our Faith and Worship Had we gone about a Reformation while we acknowledged subjection to the See of Rome or indeed before we had renounced it there had been more colour to charge us with Schism and disobedience But now the proper question is first whether the State of England did then justly reject the Jurisdiction of the Pope in England and only consequently whether we did afterwards lawfully Reform without him The cause of our Reformation belongs to another Argument which we shall meet hereafter The papal Plea here is the Popes Authority was established here by long Possession and therefore if nothing else could be pleaded for it Prescription was a good Title and therefore it was injurious and Schismatical first to dispossess him and then to go about to reform without him Our Answer is home and plain in these Three Propositions 1. The Church of England was never actually under the Popes Jurisdiction so absolutely as is pretended 2. The Possession which it had obtained here was not sufficient to create the Pope a good Title 3. Or if it were yet that Title ceased when he lost his Possession CHAP. VI. Prop. I. The Papacy had no Power here for the first Six Hundred Years St. Aug. Dionoth THe first Proposition is this that the Church of England was not actually under the Papal Jurisdiction so absolutely as is pretended that is neither Primarily nor Plenarily First not Primarily in that we were free from 1. Not Primarily the Papal Power for the first Six Hundred Years This is confirmed beyond all exception by the entertainment Augustine found among the sturdy Brittains when he came to obtrude that Jurisdiction upon them whence 't is evident that at that time which was near six hundred years after Christ the Pope had neither actual In Fact or Belief possession of Government over nor of the belief of the Brittains that he ought to have it The good Abbot of Bangor when pressed to submit to the Roman Bishop answered in the name of the Brittains That he knew no Obedience due to him whom they called the Pope but the Obedience Spel. conc an 601. of Love and adds those full peremptory exclusive words that under God they were to be Governed by the Bishop of Caerleon Which the Lord Primate Bramhall saith is a full demonstrative convincing proof for the whole time viz. the first six hundred years Vind. p. 84 But 't is added that which follows strikes the question dead Augustine St. Gregories Legate proposing three things to the Brittains 1. That they should submit to the Roman Bishop 2. That they should conform to the Roman Customs 3. Lastly That they should joyn with him in Preaching to the Saxons Hereupon the Brittish Clergy assembled themselves together Bishops and Priests in two several Synods one after another and upon mature deliberation they rejected all his propositions Synodically and refused flatly and unanimously to have any thing to do with him upon those terms Insomuch as Augustine was necessitated to return over Sea to obtain his own Consecration and after his return hither to consecrate the Saxon Bishops alone without the assistance of any other Bishop They refused indeed to their own cost Twelve hundred innocent Monks of Bangor shortly after lost their lives for it The foundation of the Papacy here was thus laid in Blood Obj. 'T is objected that the story of the Abbot of Bangor is taken by Sir H. Spelman out of an old Welch Author of suspected credit but all Objections to that purpose are removed by my Lord Primate and Dr. Hammond Besides we have other Authority sufficient for it and beyond contradiction The Story in Bede himself as vouched by Bed li. 2. c. 2. T. H. himself against Dr. Hammond puts it beyond all doubt that the Abbot and Monks opposed Austin and would not subject themselves to the Pope of Rome but referred themselves only to their own Governours which is also the general result of other Authors account of this matter and if the matter of Fact be established 't is enough to disprove the Popes Posession at that time whether they did well or ill is not now considered Baleus speaking of that Convention saith Dinoth In Dinoth disputed against the Authority of Rome and defended stoutly fortitèr the Jurisdiction of St. Davids in the affairs of his own Churches The same is observed by Geoffrey of Monmouth and Sigebert and others for which Dr. Hammond refers us to the Collection of the Anglicane In an 602. Councils and Mr. Whelocks Notes on the Saxon Bede p. 115. And indeed the Author of the Appendix written on purpose to weaken this great instance confesseth as much when he concludes Austin in the Right from the miracles and divine vengeance upon the refusers continuing still refractory to his proposals Of the right of the cause we now dispute not and he acknowledgeth that Augustine had not Possession the thing we contend for However this instance being of great moment in the whole Controversie let us briefly examine what T. H. hath said against it Obj. 1 T. H. questions the Authority of the Welch M. S. An. But the account there is so perfectly agreeable to the general account given by others most competent Witnesses and even Bede himself that as we have no necessity to insist much upon it so they have no reason at all to question it Besides if the Reader would more fully satisfie himself he may
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 usurp 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 itself Nec etiam Romanus Pontifex universalis est appellandus the Pope of Decret p. 1. dis 99. n. 1◠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 Universal 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 called Universalis then sure nothing was added Dr. Ham. disp disp p. 418 419. 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 it that reason required the contrary that Epis ex Reg. l. 8. indic 1. c. 30. c. 4. ind 13. c. 72 76. 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 sidenter 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 Empress l. 4. Ep. 34. Yea an Imitation of none Lib. 4. Ep. 38. 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 consent to it do fidem perdere destroy the Ibid. Ep 32 40. 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 cause but the cause of God of the whole Church Ibid. Ep. 32. 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 abominates or that he really exercised that Vniversal Authority and Universal Bishoprick though he
so prodigiously lets flie against the Stile of Vniversal Bishop yet all this is said and must be maintained lest we should exclude the Vniversal Pastorship out of the Primitive Church There is a great deal of pitiful stuff used by the Romanist upon this Argument with which I shall not trouble the Reader yet nothing shall be omitted that hath any shew of Argument on their Side among which the words of Saint Gregory following in his Argument are most material Object Saint Gregory saith the care of the whole Church was by Christ committed to the chief of the Apostles Saint Peter and yet he is not called the Vniversal Bishop Sol. 'T is confessed that Saint Gregory doth say that the care of the whole is committed to Saint Peter again that he was the Prince of the Apostles and yet he was not called Vniversal Apostle 't is hence plain that his being Prince of the Apostles did not carry in it so much as Vniversal Bishop otherwise Saint Gregory would not have given the one and denied him the other and 't is as plain that he had the care of all Churches and so had Saint Paul but 't is not plain that he had Power over all Churches Doctor Hammond proceeds irrisistibly to prove the contrary from Saint Gregory himself in the Novels if any Complaint be made saith he against a Bishop the Cause shall be judged before the Metropolitane Secundum Regulas Ex Reg. lib. 11. Ep. 54. Sanctas Nostras Leges if the Party stand not to his Judgment the Cause is to be brought to the Arch-Bishop or Patriarch of that Diocess and he shall give it a Conclusion according to the Canons and Laws aforesaid no place left for Appeal to Rome Object Yet it must be acknowledged Saint Gregory adds si dictum fuerit c. where there is no Metropolitane nor Patriarch the Cause may be heard by the ApostolickSee which Gregory calls the Head of all Churches Sol. Now if this be allowed what hath the Pope gained if perhaps such a Church should be found as hath neither Primate nor Patriarch how is he the nearer to the Vniversal Authority over those Churches that have Primates of their own or which way will he by this means extend his Jurisdiction to us in England who have ever had more than one Metropolitane the Arch-Bishop of Canterbury was once acknowledged by a Pope to be Alterius Orbis Apostolicus Patriarch But admitting this extraordinary Case that where there is neither Metropolitan nor Patriarch there they are to have recourse to the See Apostolick 't is a greater wonder that the Romanist should insist upon it then that his late Grace should mention it at which A. C. so much admires for this one observation with the assistance of that known Rule in Law exceptio confirmat Regulam in non exceptis puts a plain and speedy end to the whole Controversie for if recourse may be had to Rome from no other place but where there is neither Primate nor Patriarcb then not from England either when Saint Gregory laid down the Rule or ever since and perhaps then from no other place in the World and indeed provision was thus made against any such extraordinary Case that might possibly happen for it is but reason that where there is no Primate to appeal to appeal should be received somewhere else and where better than at Rome which Saint Gregory calls Caput omnium Ecclesiarum and this is the utmost advantage the Romanist can hope to receive from the Words Object But we see Saint Gregory calls Rome the Head of all Churches Sol. 'T is true whether he intends a Primacy of Fame or visible Splendor and Dignity being the Seat of the Emperor or Order and Vnity is not certain but 't is certain he intends nothing less by it than that which just now he denied a Supremacy of Power and Vniversal ordinary Jurisdiction he having in the words immediately sore-going concluded all ordinary Jurisdiction within every proper Primacy or Patriarchate Object But saith S. W. Saint Gregory practised the thing though he denied the Word of Vniversal Sol. What Hypocrisie damn the Title as he doth and yet practise the thing you must have good proof His first Instance is of the Primate of Byzacene wherein the Emperor first put forth his Authority and would have him judged by Gregory Piissimus Imperator eum per nos voluit Vid. Ep. 65. l. 7. judicari saith Gregory Hence as Doctor Hammond smartly and soundly observes that Appeals from a Primate lie to none but the Supreme Magistrate To which purpose in the Cause of Maximus Bishop of Solana decreed excommunicate Ep. l. 3. Ep. 20. by Gregory his Sentence was still with this reserve and submission nisi prius unless I should first understand by my most Serene Lords the Emperors that they commanded it to be done Thus if this perfect instance as S. W. calls it have any force in it his Cause is gone what ever advantage he pretends to gain by it Besides the Emperors Command was that Gregory should judge him juxta Statuta Canonica and Gregory himself pleads quicquid esset Canonicum Judicaremus Thus S. W's Cause is killed twice by his own perfect instance for if Saint Gregory took the Judgment upon him in obedience to the Emperor and did proceed and was to proceed in judging according to the Canons where was then the Vniversal Monarchy Yet it is confessed by Dr. Hammond which is a full answer to all the other not so perfect instances that in case of injury done to any by a Primate or Patriarch there being no lawful Superior who had power over him the injured person sometimes made his complaint to the Pope as being the most Eminent Person in the Church and in such case he questionless might and ought in all fraternal Charity admo nish the Primate or Patriarch or disclaim Communion with him unless he reform But it ought to be shewn that Gregory did formally excommunicate any such Primate or Patriarch or juridically and authoritively act in any such Cause without the express license of the Emperor which not being done his instances are answered besides Saint Gregory always pleads the Ancient Canons which is far from any claim of Vniversal Pastorship by Divine Right or Donation of Christ to Saint Peter I appeal saith Doctor Hammond to S. W. whether that were the Interpretation of secundum Canones and yet he knows that no other Tenure but that will stand him in stead Indeed the unhappiness is as the Doctor observes that such Acts at first but necessary Vid. dispat disp p. 408. to p 423. fraternal charity were by ambitious men drawn into example and means of assuming power of Vniversal Pastorship which yet cannot be more vehemently prejudiced by any thing than by those Ancient examples which being rightly considered pretend no higer than Ecclesiastical Canons and the Universal Laws of Charity but never made
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 Obj. But Anselm as Arch-Bishop took the Oath that was appointed by the Pope to be taken at the receiving of the Pall which allowed his Power to receive Appeals Ans 'T is true but Pope Paschalis himself who 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 request of his Barons as Hoveden notes to In Hen. 2. 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 Malmsb. 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 English custom not only by their consents but Math. Par. 1164. Hoved. in Hen. 2. 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 the same purpose in these words Whosoever 27 Ed. 3. c. 1. should draw any of the Kings Subjects out of the Realm in plea about any cause 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 Obj. 'T is confest that in the Laws of Hen. 1. 't is granted that in case a Bishop erring in Faith and 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 Ans But the same learned Mans Note upon it is that this is the only Cause wherein I find any English P. 32. 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 which was an 1115. and that they were held Eadm p. 113. 3. 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. Obj. Indeed the King did personally yield afterwards an 1172. not to hinder such appeals in Ecclesiastical Causes Ans But the whole Kingdom four years after would 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 ut 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
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 also exercise the same Legislative power in Ecclesiastical After Conquest 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 in Ed. 3. time When some Bishops proposed 20 Ed. 3. c. 9. 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 Obj. Now admit that during some little space 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 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
the Pope eleven hundred years after Christ got possession of the English Church and the Conscience of the Bishops by Investiture and Oaths who will shew us that he had it sooner who will maintain that he kept it quietly till Hen. 8 This last point will be clear by examining 2. Law our Laws the second Topick propounded at the beginning of this discourse For if his Possession were good it was setled in Law and if quiet the Laws were not made to oppose it by the great States of the Kingdom My Lord Bramhall hath produced three great Laws as sufficient to determine this Controversie 1. Clarendon whether the King or the Pope be Patron of the English Church the Assize of Clarendon Statute of Carlisle and of Provisors The first tells us plainly that the Election of an Arch-Bishop Bishop Abbot and Prior was to be made by the respective dignitaries upon the Kings calling them together to that purpose and with the Kings consent And then the Person elected was presently to do homage to the King as his Liege Lord. And that this method was exclusive of the In Ed. 1. Pope that of Carlisle is very distinct The King is the founder of all Bishopricks and ought to 2. Carlisle have the custody of them in the Vacances and the Right of Patronage to present to them and that the Bishop of Rome usurping the right of Patronage giveth them to Aliens That this tendeth to Annullation of the State of holy Church to the disinheriting of Kings and the destruction of the Realm This is an Oppression and shall not be Suffered The Statute of Provisors 15. Ed. 3. affirms that Elections were first granted by Kings Progenitors Provisors upon Condition to demand Licence of the King to Chuse and after the Election to have the Royal Assent Which Conditions not being kept the thing ought by reason to return to its first Nature And therefore they conclude that in Case Reservation Collation or Provision be made by the Court of Rome of any Arch-Bishoprick c. The King and his Heirs shall have the Collations for the same time such as his Progenitors had before the free Elections were granted And they tell the King plainly that the Right of the Crown is such and the Law of the Land too that the King is bound to make Remidies and Laws against such Mischiefs And acknowledg that he is Advower Paramont immediate of all Churches Prebends and other Benefices which are of the Advowrie of holy Church i. e. Soveraign patron of it My Lord Coke more abundantly adds the Wil. 1. Resolutions and Decrees of the Law to confirm us in the Point In the time of William the 7. Ed. 3. tit qu. i. e. p. 19. first it is agreed that no man only can make any Appropriation of any Church having cure of Souls but he that hath Ecclesiastical Jurisdiction but William the first did make such Appropriations of himself without any other Edward the first presented his Clerke who was refused by the Arch-Bishop for that the Ed. 1. Pope by way of Provision had conferred it on another The King brought his quare non admisit the Arch-Bishop pleaded the Supremacy of the Pope and that he durst not nor had power to put him out which was by the Popes Bull in Possession for which by judgment of the Common Law the Lands of his whole Bishoprick were seized into the Kings hands and lost during his life And my Lord Coke's Note upon it is that this Judgment was before any Statute was made in that Case In the Reign of Edw. 3. it is often resolved Ed. 3. that all the Bishopricks within England were founded by the Kings Progenitors and therefore the Advowsons of them all belong to the King and at the first they were Donative And that if any Incumbent dye the Lapse comes to the Bishop then to the Arch-Bishop and lastly by the common Law to the King as to the Supreme within his own Kingdom and not to the Bishop of Rome This King presented to a Benefice his Presentee 21 Ed. 3. 40. f. 40. was disturbed by one that had obtained Bulls from Rome for which offence he was condemned to perpetual Imprisonment It is no small spice of the Kings Ecclesiastical Patronage that we find the King made Canons secular to be Regular and that he made the Prior and Covent of Westminster a distinct Corporation from the Abbot 38. li. Ass pl. 22. 49. Ed. 3. l. Ass pl. 8. But more full is the case of Abbot Moris who sent to Rome to be confirmed by the Pope who 46 Ed. 3. Tit. praem 6. by his Bull sleighted the Election of Moris but gave him the Abby of his spiritual Grace and at the request as he feigned of the King of England This Bull was read and considered of in Council that is before all the Judges of England and it was resolved by them all that this Bull was against the Laws of England and that the Abbot for obtaining the same was faln into the Kings mercy whereupon all his Possessions were seiz'd into the Kings hands In the Reign of Richard the Second one sued 12 Rich. 2. Tit. Juris 18. a provision in the Court of Rome against an Incumbent recovered the Church brought an action of account for Oblations c. but the whole Court was of opinion against the Plaintiff and thereupon he was non-suit Vid. Stat. 16. Rich. 2. c. 5. against all Papal Usurpations and this in particular the pain is a praemunire In Hen. 4 s Reign the Judges say that the Statutes which restrain the Popes Provisions to the Benefices 11 H. 4. f. 69 70. of the Advowsons of spiritual men were made for that the spiritualty durst not in their just cause say against the Popes Provisions so as those Statutes were made but in affirmance of the common Laws Now what remains to be pleaded in behalf of the Popes Patronage of our Church at least as to his possession of it against so many plain and great Evidences both of Law and Deed All pretences touching the Popes giving the Pall are more than anticipated For it is not to be denied but that was not held necessary either to the consceration confirmation or investiture of the very Arch-Bishop before Anselm's time Yea 't is manifest that Lanfrank Anselm and Raulf did dedicate Churches consecrate Bishops and Abbots and were called Arch-Bishops while they had no Pall as Twisden proves out of Eadmer P. 47. We never read that either Laurentius or Milletus received the Pall from Rome who no doubt were as lawful Arch-Bishops as Austin Girald and Hoveden both give us an account that Sampson of St. Davids had a Pall but do not say from Rome and though in the time of infection he carried it away with him After Paulinus there are five in the Catalogue of York expresly said to have wanted it and Wilfred was one of
inconsiderable an Argument is this our Kings cannot give away the Power of the Crown during their own times without an Act of Parliament the King and Parliament together cannot dispose of any thing inherent to the Crown of England without a Power of Resumption or to the prejudice of Succeeding Kings besides no King of England ever did not King John himself either with or without his Parliament by any Solemn Publick Act transfer the Government of this Church to the Bishop of Rome or so much as Recognize it to be in Him before Henry the Eighth and what John did Harpf. ad 5. Re. 14. c. 5. was protested against by the Three States then in Parliament And although Queen Mary since made a higher acknowledgment of his Holiness than ever we read was done here before yet 't is evident she gave him rather the Complement of the Title of that uncertain Word Supreme Head than any real Power as we observed before and yet her New Act to that purpose was endured to remain in force but a very short time about four or five years But although neither Constantine for the Justinian whole World nor King John for England did or could devise the Supremacy to the Pope 't is confessed the Emperor Justinian endeavoured somewhat that look'd like it Justinian was a great friend of the Roman Bishop he saith Properamus honorem authoritatem Cod. inter Claras crescere sedis vestrae we labour to subject and unite all the Eastern Priests to the See of your Holiness But this is a plain demonstration that the See of Rome did not extend to the East near six hundred years after Christ otherwise that would have been no addition of honour or Authority to it neither would Justinian have endeavoured what was done before as it doth not appear that he afterwards effected it Therefore the Title that he then gave the Pope of the Chief and Head of all the Churches must carry a qualified sence and was only a Title of honour befitting the Bishop of the Chief and most eminent Church as the Roman Church then was and indeed Justinian was a Courtier and stiles the Bishop of Constantinople universal Patriarch too or at most can only signifie that his intentions were to raise the Pope to the chief Power over the whole Church which as was said before he had not yet obtained This is all that can be inferred if these Epistles betwixt the Emperor and the Pope be not forged as Learned Papists suspect because in Greg. Holiand Azo the eldest and allowed Books they are not to be found However if Justinian did design any thing in favour of the Pope it was only the subjecting of the Clergy to him as an Ecclesiastical Ruler and yet that no farther than might well enough consist with the Supremacy of the Empire in causes Ecclesiastical as well as Civil which memento spoils all the argument For we find the same Justinian under this imperial stile We command the most holy Arch-Bishops and Patriarchs of Rome Constantinople Alexandria Antioch and Hierusalem Authent Colla 1. We find him making Laws upon Monks Priests Bishops and all kind of Churchmen to inforce them to their duty We find him putting forth his Power and Authority for the sanction of the Canons of Councils and making them to have the force of Laws We find him punishing the Clergy and the Popes themselves yea 't is well known and confessed by Romanists that he deprived two Popes Sylverius and Vigilius Indeed Mr. Harding saith that was done by Theodora the Empress but it is otherwise recorded in their own Pontifical the Emperor demanded of Belsarius what he had done with the Romans and how he had deposed Sylverius and placed Vigilius in his stead Upon Conc. To. 2. in â— Vigil his answer both the Emperor and Empress gave him thanks Now it is a Rule in Law Rati habito retrotrabitur mandato comparatur Zaberel declares it to be Law that the Pope De Schis Conci in any notorious crime may be accused before the Emperor and the Emperor may require of the Pope an account of his Faith And the Emperor ought to proceed saith Harvy against De Potes Pap. c. 13. the Pope upon the request of the Cardinals And it was the judgment of the same Justinian himself that there is no kind of thing but Con. Const 5. Act. 1. it may be thorowly examined by the Emperor For he hath a principality from God over all men the Clergy as well as Laity But his erecting of Justiniana prima and giving the Bishop Locum Apostolicae sedis to which all the Provinces should make their last Appeal Goâ—â—op Nov. 13. c. 3. Nov. 11. whereby as Nicephorus affirms the Emperor made it a free City a Head to it self with full power independant from all others And as it is in the imperial constitutions the Primate thereof should have all power of Ecclesiastical Jurisdiction the Supreme Priesthood Supreme Honour and Dignity This is such an instance both of Justinian's Judgment and Power contrary to the Popes pretensions of Supremacy as granted or acknowledged by the Emperor Justinian that all other Arguments of it are ex abundanti and there is no great need of subjoyning that other great and like instance of his restoring Carthage to its primacy after the Vandals were driven out and annexing two new Provinces that were not so before to its jurisdiction without the proviso of submitting it self to Rome though before Carthage had ever refused to do it Phocas the Emperor and Pope Boniface no doubt understood one another and were well enough agreed upon the point But we shall never yield that these two did legally represent the Church and the World or that the grant of the one and the greedy acceptance on the other part could bind all Christians and all mankind in subjection to his Holiness's Chair for ever Valentinian said all Antiquity hath given the principality of Priesthood to the Bishop of Rome But no Antiquity ever gave him a principality of Power no doubt he as well as the other Emperors kept the Political Supremacy in his own hands Charles the Great might complement Adrian and call him universal Pope and say be gave St. Wilehade a Bishoprick at his command But he kept the power of convocating Synods every year and sate in them as a Judge himself Auditor arbiter adfui he made Ecclesiastical Decrees in his own Name to whom this very Pope acquitted all claim in the Election of succeeding Popes for ever A great deal more in answer to both these you have in Arch-Bishop Bramhall p. 235 236. and King James's defence p. 50. c. CHAP. XIX The Popes pretended Ecclesiastical Right Not by General Councils 8 First To which Sworn Justi Sanction Can. Apost allowed by C. Nice and Ephesus THough it seem below his Holiness's present grandeur to ground his Right upon the Civil Power
especially when that fails him yet methinks the jus Ecclesiasticum is not at all unbecoming his pretences who is sworn to govern the Church according to the Canons as they say the Pope is If it be pleaded that the Canons of the Fathers do invest the Pope with plenary Power over all Churches And if it could be proved too yet one thing more remains to be proved to subject the Church of England to that his power viz. that the Canon Law is binding and of force in England as such or without our own consent or allowance And 't is impossible this should be proved while our Kings are Supreme and the constitution of the Kingdom stands as it hath always stood However we decline not the examination of the plea viz. that the Popes Supremacy over the whole Church is granted by the Canons of Councils viz. general But when this is said it is but reasonable to demand which or in what Canons It is said the Pope receives his Office with an Oath to observe the Canons of the eight first general Councils in which of these is the grant to be found Sure so great a conveyance should be very legible and Intelligible We find it very plain that in some of those Councils and those the most ancient this Power is expresly denyed him and that upon such reason as is eternal and might justly and effectually prevent any such grant or usurpation of such power for ever if future Grants were to be just and reasonable or future Popes were to be governed by Right or Equity by the Canons of the Fathers or fidelity to the Church to God or their own solemn Oaths at their Inaugurations But we are prepared for the examination of the Councils in this matter by a very strong presumption That seeing Justinian made the Canons to have the force of Laws and he had ever shewed himself so careful to maintain the Rights of the Empire in all causes as well as over all persons Ecclesiastical even Popes themselves 't is not credible that he would suffer any thing in those Canons to pass into the body of the Laws that should be agreeable to the pretended donation of Constantine or to the prejudice of the Emperor 's said Supremacy and consequently not much in favour of the Supremacy claimed by later Popes Justinian's Sanction extended to the four Justin Sanction of four first great Councils Nic. Constant Ephes 1. and Calcedon in these Words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Sancimus Vicem Legum obtinere Sanctos Ecclesiasticos Canones qui à Sanctis quatuor Conciliis constituti sunt confirmati hoc est Niceno c. praedictorum enim Consdiorum dogmata sicut divinas Scripturas accipimus Canones sicut Leges observamus Perhaps it may be doubted why he did not Apostles Canons not mention reason confirm those Canons which were then well known by the Title of the Canons of the Apostles whether because their Authority was suspected especially many of them or because Vid. Bin. To. 1. p. 17. a. they were not made by a truly General Council or because they were Confirmed in and with the Council of Nice and Ephesus c. or lastly whether because the first fifty had before a greater Sanction from the general Reception of the whole Ibid. Church or the greater Authority of the Sacred Names of the Authors the Apostles or Apostolical men I venture not to declare my opinion But truly there seems something considerable for the later for that the Council of Nice do not pretend to confirm the Apostles Canons but their own by the Quotation of them taking Authority from them as Laws founded in the Church before to build their own and all future Canons and Decrees of Councils upon in such matters as were found there determined A great Instance of the probability of this Conjecture we have full to our present purpose given us by Binius Nicena Synodus Can. 6. c. the Nicene and Ephesine Synods followed those Bin. To. 1. p. 20. Canons of the Apostles appointing that every Bishop acknowledge suum primum their Chief and Metropolitane Can. Ap. allowed by C. Nice and Ephesus and do nothing without their own Diocess but rather the Bishop of Alexandria according to the Canons understand saith Binius those 35 36 of the Apostles must govern the Churches of Egypt the Bishop of the East the Eastern Churches the Ephesine Synod also saith it is besides the Canons of the Apostles that the Bishop of Antioch should ordain in the Provinces of Cyprus c. Hence it is plain that according to Apostles Canons interpreted and allowed as Authentick so far at least by the Synods of Nice and Ephesus the Metropolitan was Primate or Chief over the Churches within his Provinces and that he as such exclusive of all Forreign Superior Power was to govern and ordain within his own Provinces not consonant to but directly against the pretended Supremacy of the Bishop of Rome But let us consult the Canons to which Binius refers and the matter is plainer SECT I. Can. Apostol THere is nothing in the Canons of the Apostles to our purpose but what we find in Can. 35 36. or in the Reddition as Binius gives it Can. 33 and 34. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. let the Bishops of 35 33. every Nation know or they ought to know who among them is accounted or is chief and esteem him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ut caput and do nothing difficult aut magni momenti praeter ejus Conscientiam vel Sententiam but what if the matter were too hard for the Primate is no direction given to go to the Infallible Chair at Rome here was indeed a proper place for it but not a word of that In the 36 aliàs 34. it is added that a Bishop should not dare to ordain any beyond the bounds of his own Jurisdiction but neither of these Canons concern the Pope unless they signifie that the Pope is not Head of all Churches and hath not power in any place but within the Diocess of Rome or that Binius was not faithful in leaving out the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Head in his Note upon these Canons SECT II. Concil Nicen. Gen. 1. Bellar. Evasion VVE find nothing in the true Canons of the Nicene Synod that looks our way except Can. 6. and 7. They are thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Let ancient Custom be kept through Can. 6. Egypt Libia and Pentapolis so as the Bishop of Alexandria may have power over all these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because also the like Custom is for the Bishop of the City of Rome 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as likewise at Antioch and other Provinces let the Priviledges be kept in their own Churches but suppose differences arise is no Liberty or Remedy provided by going to Rome no more than if differences arise in the Roman Church they may have
's Evasion p. 195 Sect. 3. Concil 2 gen Constantinop An. 381. p. 196 Sect. 4. Concil Ephesin 3 gen An. 431. p. 197 Sect. 5. Concil Calced 4 gen An. 451. p. 199 Sect. 6. Concil Constantin 2. the fifth gen Council An. 553. p. 202 Sect 7. Concil Constant 6 gen An. 681. v. 685. Concil Nic. 7 gen An. 781. p. 203 Sect. 8 Concil gen 8 Constant An. 870. p. 204 Seuen Conclusions from Councils p. 205 Sect. 9. Of the Latine Church the Councils of Constance Basil c. An. 1415. 1431. p. 206 Sect. 10. The Greek Church African Canons Synod Carthag Concil Antiochen the faith of the Greek Church since in the Point p. 208 c. Sect. 11. The Sardican Canons No Grant from their matter manner or Authority No Appendix to the Council of Nice Zozimus his Forgery they were never Ratified nor received asVniversal and were contradicted by after Councils p. 212 CHAP. XX. The Pope 's Title by Divine Right The Question Why not sooner 'T is their last Refuge p. 217 Sect. 1. Whether the Government of the Church be Monarchical Jure Divino Bellarmine Reason Scripture p. 218 Promises Metaphors and Example of the High Priest in Scripture p 221 Sect. 2. Of St. Peter 's Monarchy Tu es Petru. p. 223 Fathers Expressions of it p 228 Fathers corrupted and Council of Calcedon by Thomas p. 230 c. CHAP. XXI Of the Pope's Succession p 237 Sect. 1. Whether the Primacy descended to the Bishop of Rome as such by Succession from Saint Peter Neg. Bellar 28 Prerogatives of Saint Peter personal or false p. 238 239 c. Application of this Section p. 241 By three great Inferences the Pope's Ancient Primacy not that of Saint Peter not Jure Divino not to descend to succeeding Popes Sect. 2. Whether the Pope have Supremacy as Successor to Saint Peter Neg. not Primate as such Peter himself not Supreme the Pope did not succeed him at all p. 244 Sect. 3 Arg. 1. Peter Assign'd it to the Pope answered p. 245 Sect. 4. Arg. 2. The Bishop of Rome succeeded Peter because Antioch did not answered p. 246 Sect. 5. Arg. 3. Saint Peter died at Rome answered question de facto not de fide p. 247 Sect. 6. Arg. 4. From Councils Popes Fathers p. 249 Sect. 7. Arg. 5. For prevention of Schism Saint Hierom. p. 250 Sect. 8. Arg. 6. The Church committed to his care Saint Chrysostom p. 251 Sect. 9. Arg. 7. One Chair Optatus Cyprian Ambrase Acatius ibid. Sect 10. The Conclusion touching the Fathers Reasons why we are not more particular about them A Challenge touching them there cannot be a Consent of the the Fathers for the Papacy as is evident from the General Councils Reasons for it Rome 's contradiction of faith the Pope 's Schism Perjury c. p 255 c. The Sum of the whole matter a Touch of another Treatise the material Cause of Separation p. 261 THE POSCRIPT Objections touching the first General Councils and our Arguments from them answered more fully SECT 1. THE Argument from Councils drawn up 't is conclusive of the Fathers and the Catholick Church p. 263 SECT 2. Obj. Touching the Council of Nice answered p. 267 SECT 3. Obj. Touching the Council of Constant Second General p. 269 SECT 4. The third General Council viz. Ephesin p. 272. SECT 5. Of the Fourth Fifth Sixth Seventh Eighth General Councils Binius his quotations of Ancient Popes considered p. 274 Conclusion p. 279 AN APPENDIX A Serious Alarm to all sorts of Englishmen against Popery from Sense and Conscience their Oaths and their Interests p. 281 The Oath of Allegiance and Supremacy p. 289 ERRATA PAge 6. line 7. for and the read and though p. 136. l. 13. add 't is observed that p. 137. l. 23. blot out and the abundant p. 138. l. 5. add of before the grievances p. 147. l. 17. before the word evacuate add not p. 164. l. 24. for is r. are p. 175. l. 10. for his messenger r. the Popes messenger p. 177. after Sentence add with the Fathers was ever taken p. 205. l. 22. after the word Faith add of the Church p. 213. l. 31. for they r. these Canons p. 227. l 34. for Kingdoms r. the Kingdom p. 235. l. 1. for are r. are not The Printer to the Reader THe absence of the Author and his inconvenient distance from London hath occasioned some lesser escapes in the Impression of this Book The Printer thinks it the best instance of pardon if his Escapes be not laid upon the Author and he hopes they are no greater than an ordinary understanding may amend and a little charity may forgive BEATAM ETERNAM CLARIOR E TENEBRIS CAELI SPECTO ASPERAM AT LEVEN CHRISTI TRACTO SPLENDIDAM AT GRAVEM MUNDI CALCO In verbo tuo Spes mea Alij diutius Imperium tenuerunt nemo tam fortiter reliquit Tacit. Histor Lib. 2. c. 47. p. 417. R. White sculp Augustissimi CAROLI Secundi Dei Gratia ANGLIAE SCOTIAE FRANCIAE ET HIBERNIAE REX Bona agere mala pati Regium est Page 1. HONI SOIT QVI MAL Y PENSE THE INTRODUCTION The Design The Controversie Contracted into one Point viz. SCHISM THE Church of England hath been long possest both of her self and the true Religion and counts it no necessary part of that Religion to molest or censure any other Church Yet she cannot be quiet but is still vext and clamour'd with unwearied outcries of Heresie and Schism from the Church of Rome provoking her defence The Ball hath been tossed as well by cunning as learned Hands ever since the Reformation and 't is complained that by weak and impertinent Allegations tedious Altercations unnecessary Excursions and much Sophistry needlesly lengthening and obscuring the controversie it is in danger to be lost After so great and so long exercises of the best Champions on both sides 't is not to be expected that any great Advance should be made on either Yet how desirable is it that at length the true difference were clearly stated and the Arguments stript of their said Cumber and presented to us in their proper Evidence and the controversie so reduced that the World might perceive where we are and doubtful inquirers after Truth and the safest Religion might satisfie their Consciences and fix their Practice This is in some measure the Ambition of the present Essay In order to it we have observed that the Shop out of which all the Arms both Offensive and Defensive on both sides are fetched is Schism and the whole Controversie is truly contracted into that one Point which will appear by two things 1. By the State of the allowed Nature of Schism 2. By the Application of it so explain'd CHAP. I. The Definition of SCHISM SECT I. Of the Act of Schism THat we may lie open to their full Charge we lay the Notion in as great a Latitude as I think our Adversaries themselves would have it Schism
is a voluntary division of a Christian Church in its external Communion without sufficient cause 1. 'T is a Division 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Divisions or Act. Division in the Church particular Rents among you This division of the Church is made either in the Church or from it in it as it is a particular Church which the Apostle blames in the Church of Corinth c. 11. Though they came together and did not separate from the external Communion but divided in it and about it 2. Division is made also in the Church as Catholick Catholick or Universal and some charge the Church or Court of Rome as we shall observe hereafter herewith as the cause of many deplorable Rents and Convulsions in the bowels of it and indeed in a true sence all that are guilty of dividing either in or from a particular Church without just cause are guilty of Schism in the Catholick as the Aggregatum of all particular Churches There is division as well from as in the Church and this is either such as is improperly called Separation or properly or more perfectly so 1. Separation improperly so called we may term Negative which is rather a recusancy or a denyal of Communion where it is either due or only claimed and not due but was never actually given 2. 'T is properly so where an actual separation is made and Communion broken or denyed where it has wont to be paid 3. Or yet more perfectly when those that thus separate and withdraw their Communion from a Church joyn themselves in an opposite body and erect Altar against Altar SECT II. Subject of Schism THus of the Act of Schism Division Let us briefly consider the Subject of this division Subject which is not a civil or an Infidel Society but a Christian Church I do not express it a true Church for that is supposed For if it be a Christian Church it must be true otherwise it is not at all Some learned of our own side distinguish here of the truth of the Church Physically or metaphysically considered or morally and acknowledge the Roman Church to be a true Church or truly a Church as some would rather have it but deny it to be such morally and plead for separation from it only in a moral sence or as it is not a true Church i. e. as it is a false and corrupt Church not as it is a Church But finding this distinction to give offence and perhaps some advantage to our Adversaries at least for the amusing and disturbing the method of disputation and being willing to reduce the difference as much as I am able I shall not insist upon these distinctions I confess pace tantorum I see no danger in but rather a necessity of granting the Church of Rome to be a true Church even in a moral sence largely speaking as moral is distinguished from Physical or metaphysical and the necessity of this concession ariseth from the granting or allowing her to be a true Church in any sence or a Church of Christ For to say that a Christian Church is not a true Church morally yet is so really i. e. Physically or Metaphysically seems to imply that it is a Christian Church and it is not a Christian Church seeing all the being of a Christian Church depends upon its truth in a moral sence as I conceive is not questioned by either side And when we grant that the Church of Rome or any other is a true Christian Church in any sence we do mean that she retains so much of Christian truth in a moral sence as is requisite to the truth and being of a Christian Church Indeed the very Essence of a Christian Church seems to be of a Moral nature as is evident in all its causes its Efficient The preaching of the Gospel under divine Influence is a Moral cause the form living in true faith and Religion is moral its End and all its formal Actions in Profession and Communion are of a Moral nature and the Christians as they are Men are indeed natural Beings yet as they are Christians and the matter of the Christian Church and more as they are in a Society they fall properly under a Moral Consideration But how can a Church be true and not true and both in a Moral sence How can we own the Church of Rome as a true Church and yet leave her as a false Church and true and false be both taken Morally Very well And our Learned Men intend no other though they speak it not in these terms For to be true and false in the same Moral Sence doth not imply the being so in the same respects Thus the Church of Rome may be granted to be a true Christian Church with respect to those Fundamentals retained in her Faith and Profession wherein the being and truth of such a Church consisteth and yet be very false and justly to be deserted for her gross Errors in many other points believed also and professed by her as a Bill in Chancery may be a true Bill for the substance of it and so admitted and yet in many things falsely suggested it may be very false and as to them be rejected 2. The Church as the Subject of Schism may 1. Catholick be further considered as Catholick i. e. Absolute Formal Essential and as it lies spread over all the world but united in one common Faith From this Church the Donatists and other ancient Hereticks are said to have separated 2. As Particular in a greater or lesser number 2. Particular or part of the Catholick Thus the modern Separatists forsaking the Church of England are said to be Schismaticks 3. In a Complex and mixt Sence as the particular 3. Mix'd Roman Church pretending also to be the Catholick Church calls her self Roman Catholick and her Particular Bishop the universal Pastor In which sence the Church of England is charged with separation from the Catholick Church for denying Communion with the particular Church of Rome SECT III. Object of Schism 1. Faith THe third Point is the Object about and External Communion in which Separation is made Namely External Communion in those three great Means or Bonds of it Faith Worship and Government under that Notion as they are bonds of Communion The first is Faith or Doctrine and it must Faith be acknowledged that to renounce the Churches Faith is a very great Schism yet here we must admit two exceptions it must be the Churches Faith that is such Doctrine as the Church hath defined as necessary to be believed if we speak of a particular Church for in other Points both Authorities allow Liberty Again though the Faith be broken there is not Schism presently or necessarily except the external Communion be also or thereby disturbed Heretical Principles not declared are Schism in Principle but not in Act Hast thou Faith have it to thy Self 'T is farther agreed that we may and some times must