affirm That neither the King of England nor the Church of England neither Convocation nor Parliament did breake his two Necessary Bonds of Christian Vnity or either of them or any part of either of them But that the Very Breakers and Violaters of these Rules were the Pope and Court of Rome They did breake his Rule of Faith by adding new points to the Necessary Doctrin of saving Truth which were not the Legaceyes of Christ and his Apostles nor delivered unto us by Universall and perpetuall Tradition The Pope and Court of Rome did breake his second Rule of Vnity in Discipline by obtruding their excessive and intolerable usurpations vpon the Christian world and particularly upon the Church of England as necessary Conditions of their Communion It appeareth plainly by comparing that which hath been said with his positioÌ„ of the case that after all his Bragges of undeniable evidence and unquestionable certeinty he hath quite missed the question We joine with him in his rule of Faith Wee oppose not St. Peters Primacy of Order and he him self dare not say that St. Peter had a larger or more extended power then the rest of his Fellow Apostles And though wee cannot force our understandings to assent that after the death of S. Peter Linus or Cletus or Clemens or Anacleâ—us were Superiours to S. Iohn and had actuall Iurisdiction over him who had as large a commission immediatly from Christ as S. Peter himselfe and larger then any succeeding Romane Bishop ever had Yet to shew him how little wee are concerned in it and for his clearer conviction wee are willing to suppose that they were his Superiours and give him leave to make all the advantage of his second Rule which he can in this cause And here if I regarded not the satisfaction of my self and the Reader more then his opposition I might withdraw my hand from the Table But I am so great a Friend of Ingenuity that I will for once discharge his Office and shew the World demonstratively and distinctly what Branches of Papall power were cast out of England by Henry the eighth upon which consideration the weight of the whole Controversy doth lye For it is agreed between us that if it appeare by rigorous Evidence that all those Branches of Papall power which were renounced and cast out of England by Henry the eight were grosse Vsurpattons then his renouncing was no eriminall Breach but a lawfull self enfranchisement And by undeniable consequence the Guilt of â—chism resteth upon them who made the Vsurpations that is the Pope and Court of Rome I adde further upon the equity of my second Ground that although Henry the eight had cast out something more then be ought yet if wee hold not out more then wee ought and be ready to admitt all which ought to be admitted by us then we are innocent and free from the Guilt of Schism and it resteth soly upon them who either will have more then their due or nothing Wheresoever the fault is there the Guilt of Schisme is If the fault be single the Guilt is single if the fault be mutuall the Guilt is mutuall And for rigorous Evidence There cannot possibly be any Evidence more demonstrative what Papall power was cast out of England then the very Acts of Parliaments themselves by which it was cast out Let us view them all The first Act made in the Reign of Henry the eight which hath any referente to Rome is the Act for holding Plurality of Benefices against the lawes of the land by dispensation from the Court of Rome making licenses for non Residence from the Court of Rome to be voide and the party who procureth such Licenses for Pluralityes or Non-residence to forfeyt twenty pounds and to lose the profits of that Benefice which he holdeth by such dispensation It were a pretty thing indeed if the Church and Kingdome should make necessary lawes and the Pope might give them liberty to break them at his pleasure The second Act is that No person shall be cited out of tâ—e diocesse where he dwelleth except in certain cases Which though it may seem to reflect upon the Court of Rome yet I do not find that it is concerned in it but the Arches Audience and other Archiepiscopall Courts within the Realm The third Act is meerly declarative of the law of the land as well the Common lawes as the Statute lawes and grounded wholy upon them as by the View of the Statute it self doth appeare So it casteth out no forraine power but what the lawes had cast out before The summe of it is this That all Causes Matrimoniall Testamentary or about Tithes c. shall be heard and finally judged in England by the proper Iudges Ecclesiasticall and Civill respectively and not elswhere notwithstanding any forrein Inhibitions Appeales Sentences citations suppensions or Excommunications And that if any English Subject procure a Processe Inhibition Appeale c. From or to the Court of Rome or execute them to the hinderance of any processe here he shall incurre the Penalties ordained by the Statute of provision or premunire made in the sixteenth yeare of King Richard the second against such as make provision to the See of Rome This law was eâ—larged afterwards to all causes of Ecclesiasticall cognisance and all appeales to Rome forbidden The fourth Act is an Act for punishing of Heresy Wherein there are three clauses that concern the Bishop of Rome The First is this And that there be many Heresies and paines and punishments for Heresies Declared and ordained in and by the Canonicall Sanctions and by the Lawes and Ordinations made by the Popes or Bishops of Rome and by their Authorities for holding doing preaching of things contrary to the said Canonicall Sanctions Lawes and Ordinances which be but humane being meer repugnant and contrarious to the royall Prerogative Regall Iurisdiction Lawes Statutes and Ordinances of this Realm The second Clause is that No License be obtained of the Bishop of Rome to Preach in any part of this Realm or to doe any thing contrary to the Lawes and Statutes of this Realm or the Kings Prerogative Royall The third Clause followeth That the Decrees of the Bishops of Rome not confirmed by Holy Scriptures were never commonly attested to be any Law of God or man within this Realme And that it should not be deemed Heresy to speak or doe contrary to the pretended power or Authority of the Bishop of Rome made or given by Humane Lawes and not by Scriptures nor to speake or Act contrary to the Lawes of the Bishop of Rome being contrary to the Lawes of this Realm The Fifth Act is an Act concerning the Submission of the Clergy to the Kings Majesty The scope of it is this that the Clergy shall not assemble in Convocation nor make or proniulge any new Canons without the Kings License Hitherto there is nothing new in point of Law Then that the King should have
Surrejoinder together in this one short Section and give sentence readily who is the Mountebanke and Prevaricatour And first I challenge this great Champion of downright Cowardise as great as ever his Predecessour Thraso shewed in the Comedy in smothering and concealing palpably and shamefully his Adversaries reasons and declining the heat of the assault The maine subject of this Section was to shew that the ancient Kings of England did assume as much power in Ecclesiasticall affaires as Henry the eighth did that the Lawes of Henry the eighth were no new Lawes but onely renovations and Confirmations of the ancient Lawes of England which had never bene repealed or abrogated in the dayes of his Predecessors but were of force in England at that very time when he made his Lawes As the Statutes of Clarendon The Statute of Carlile The Articles of the Clergy The Statutes of Provisors and other old Lawes made in the time of Henry the first Henry the third Edward the first and Edward the third Richard the second Henry the Fourth all of them dead and gone many ages before Henry the eighth was born I shewed particularly that they suffered not the Pope to send for any English Subject out of England to Rome without leave nor to send any Legate into England without leave nor to receive any Appeale out of England without leave They made it death or at least the forfeiture of all a mans estate to bring any Papall Bulls or Excommunications into England They called Ecclesiasticall Councells made Ecclesiasticall Lawes punished Ecclesiasticall persons prohibited Ecclesiasticall Iudges received Ecclesiasticall Appeales made Ecclesiasticall Corporations appropriated Ecclesiasticall Benifices rejected the Popes Lawes at their pleasure with a Nolumus wee will not have the Lawes of England to be Changed or gave Legislative Interpretations of them as they thought fit All this I have made evideÌ„t out of our ancient Lawes our Records our Historiographers in my Vindication in my Reply and in this Treatise And therefore I might well retort upon him his own Confident bragge that it is as cleare as the suns shining at noone day or that the same thing cannot be and not be at once that our Ancestours who did all this and much more then this did acknowledge no Monarchicall power of the Pope in the Exteriour Court by Christs own Ordination as Mr. Serjeant asserteth and that they did exercise as much power in the externall Regiment of the Church as Henry the eighth did and that Henry the eighths lawes were no new lawes devised by himself but were the lawes of these ancient Kings renewed by him or rather the Fundamentall Lawes and Liberties of England exposed by these ancient Kings as a Buckler against the Encroachments of the Roman Court. Now to all this cleare evidence what answer doth Mr. Serjeant make Iust Thraso-like when the matter comes to push of pike he sneaketh away post principia into the securest place he can find Speak the truth in earnest did Pyrrhus use to doe thus It is not possible to squeese one word of particular answer out of him onely in generall he saith I bring divers allegations wherein the Popes pretenses were not admitted c. And so proceedeth doe we professe the Pope can pretend to no more then his right c. Lawes and Records are but bare Allegations with him and prohibiting under pain of Death or Confiscation of Goods is no more but not admitted Speake out man and shame the devill whether did the Pope pretend more then is right or not whether were the ancieÌ„t English Lawes just Lawes or not This is certain his Pretensions and these Lawes cannot both be just The very substance of his Monarchicall power in the exteriour Court is prohibited by these Lawes his Soveraign power or Patronage of the English Church his Iudiciary Power his Legislative Power his dispensative Power all are lost if these Lawes stand All which Mr. Serjeant blancheth over with this generall expression such and such things Will the Court of Rome thank such and such an Advocate who forsakes them at a dead lift I trow no. And although I called upon him in my reply for a fuller and more satisfactory answer to these Lawes yet he giveth none in his Rejoinder but shuffleth up the matter in Generalls As for his particularities entrenching on or pretended to entrench on the Popes Authority whether they were lawfully done or no how far they extended in what Circumstances or cases they held in what not how the Letter of those Lawes are to be understood c. all which the Bishop Omitts though he expresse the bare words it belongs to Canon and Secular Lawiers to scuffle about them not me I hold my self to the Lists of the Question and the limits of a Controvertist Yes even as Thrasoheld himself to the Lists when he stole behind the second wards This is neither more nor lesse but flat running away and crying to the Canonists for help If the subject be improper for him why did he undertake it and not try first Quid ferre recusent Quid valeant humeri Why did he undertake it with so much youthfull Confidence and insulting scorn and petulance to accuse his adversary of impudence And as if impudence were too moderate a Character for him as a profest and sworn enemy of truth shame and honesty making him worse then a mad man or born foole And all this for pretending that Henry the eighth did no more against the Papacy then his Ancestour Kings had done before him and now when his Cavills are thrust down his own throat when the impudence is brought home to him and laid at his own doore when the very Lawes of his Ancestours are produced wherein they provided the same remedies for the Roman Court that Henry the eighth did he would with draw his own neck oâ—t of the Collar and leave the defence of his cause to the CanoÌ„ and Secular Lawiers to scuffle about the sense of these ancieÌ„t Lawes and whether they were law fully done or no and how far they extended and in what cases they hold in what not And this is all the answer which he vouchsafeth to these ancient English Lawes that is as much as to say he knoweth not what to answer or it doth not belong to him to answer and this he calleth holding himself to the Lists of the Question but all other men call it leaping out of the Lists of the Question and a shamefull deserting the cause he had uâ—dertaken to defend I ever acknowledged that Henry the eighth made sundry new Staâ—utes against the Vsurpations of the Court of Rome but I adde that these Statutes were declarative of old Law not Enactive of new Law This is as cleare as his noone day-light And I proved it by the Authority of two of our greatest Lawiers Fitz Herbert and my Lord Cooke persons sufficient to know the difference between a Statute declarative of old Law and a Statute Enactive of new
had no coactive power to compell any man against his Will The Vttermost they could doe was to separate him from their Communion and to leave him to the Comming or Iudgement of Christ. Let him be Anathema mar an atha The true Controversy then is this Whether the Bishop of Rome by his Legates have Coactive power in the exteriour Court to Convocate Synods of English Subjects in England when he will where he will whom he will without their Consents and without the leave of the Soveraign Prince or King of England The Case being thus stated determineth it self Where should the Pope appoint a place of meeting in England without the Leave of the King of England Wee see by often experience that if the Pope have a desire to summon a Councell in Italy within the Dominions of another Soveraign Prince or Republick although they be of his own Communion he must First aske leave and obtein leave before he can tell how to doe it Or how should he pretend to any Coactive power in England without the Kings grant or leave where the power of the Militia and all Coactive force is legally invested in the King Thus for point of right Now for matter of Fact First I doe utterly deny that any Bishop of Rome by his own Authority did Convocate any Synod in the Brittish Island during the First eleven hundred yeares Or preside in any by his Legates Or confirm them by his Authority If he be no table to produce so much as one instance to the Contrary he may cry guilty to the Vsurpation where of he is accused and hold his peace forever Secondly I doe confesse that after eleven hundred yeares The Bishops of Rome taking advantage of our civill combustions and prostituting the reputation of the Apostolicall See to their temporall ends did by the leave of our Kings not otherwise sometimes call Synods in England and preside in them The first Synod held in England by any of the Popes Legats was at London in the yeare 1125. by Ioannes Cremensis Which moved England into no smal indignation to see a thing till then unheard of in the Kingdome of England A Priest sitting president upon an high throne above Arch Bishops Bishops bats c. But remember my third ground or Consideration of the difference betwen affirmative and negative Presidents All which this proveth is that the King did give leave or connive at that time But it doth not prove it cannot prove a right to doe the same at other times when the King contradicteth it Further wee ought to take notice that there is a greate deale of difference between an Ordinary Synod and an English Convocation Although in truth our Convocations be Synods So called from one word in the Kings writ to Summon them Convocari facias All the Clergy of the Realm were not present at an ordinary Synod but all the whole Clergy of the Kingdome were present at a Convocation either in their Persons or by their Proctors sufficiently authorised Secondly the absent Clergy had no such Obligation to the Acts of a Papall Synod as they had to the Acts of a royall Convocation sub Hypotheca bonorum omnium under the Caution or Pledge of all their Goods and Estates Lastly to drive the naile home and to demonstrate clearly the Grossenesse of this Papall usurpation it remaineth onely to shew that by the Ancient Lawes of England the calling of Convocations or Synods belonged properly to the King not to the Bishop of Rome or his Legates And first by reason By the Lawes of England more ancient then the Popes intrusion no Roman Legat could enter into the Kingdome withont the Kings leave nor continue in it longer then he had his License as wee shall see hereafter and therefore they could not convocate any Synods nor doe any Synodicall Act without the Kings leave Secondly by Records of the English Convocation itself that the Convocations of the Clergy of the Realm of England are alwayes have been and ought to be Assembled by the Kings Writ Anno 1532. Thirdly by the Form of the Writt which hath ever been the same in all succeding Ages constantly directed from the King to the English Arch Bishops for their distinct Provinces The very Form speakes it English sufficiently For certain difficult and urgent Businesses concerning the defence and security of the English Church and the peace tranquility publik good and defence of our Kingdome and Subjects Wee command and require you by that Allegiance and Love which you owe â—o us that you cause to be convocated with convenient speed in due manner all and singular Bishops of your Province Deanes and Priors of Cathedrall Churches c. And the whole Clergy of your diocesse and Province to meet before you c. Another Writ did alwayes issue from the King for the dissolution Wee command you that you dissolve or cause to be dissolved this present Convocation this very day in due manner without any delay c. Lastly by the concurring Testimonyes of all our Historiographers That all the space of time of eleven hundred yeares wherein the Popes did neither call Councells nor Preside in them nor Confirm them and after unto the very Reformation Our Kings did both call Councells and Preside in them and Confirm them and own their Lawes as I have shewed him by the Lawes of Ercombert Ina Withred Alfred Edwerd Athelstan Edmund Edgar Athelred Canutus and Edward the Confessor in my Vindication And particularly that Theodore Arch-Bishop of Canterbury Presided in a Councell in the Presence of Iohn the Popes Legate That King Edward Assembled a Synod and Confirmed the Acts of it as Decreâ—um Regis The Kings decree That King Withred called a Councell at Becancelde and Presided in it and that the decrees of the Councell issued in his name and by his Authority Firmiter decernimus c. in my Answer to the Bishop of Chalcedon All this he pretendeth to have answered but it is with deep silence If he desire more Presidents and more witnesses he may have a cloud of Authors upon holding up his Finger to prove undeniably that King Henry did not innovate at all in challenging to himself the right to Convocate the Clergy and dissolve them and confirm their Acts with in his own Dominions but followed the steps of his Roâ—al Predecessors in all Ages from the first planting of religion untill his own dayes And not onely of his own Ancestors but his Neighbours The President of Charles the great is very conspicuous To omit all my former Allegations in this behalf In the French Synod I Charlemain Duke and Prince of the Frankes by the Advise of the Servants of God and my Princes have congregated the Bishops wich are in my Kingdome with the Priests to a Synod for the feare of Christ to Counsaile me how the Law of God and Ecclesiasticall Religion may be recovered which in the Dayes of forepassed Princes is dissipated and fallen
deposited at Rome as a stock for defence against the Turk and no otherwise But the time is effluxed since and the Princes have learned by Experience that the moneys have not been imployed againsâ— the Turkes but converted to other Vses c. The Emperour Charles the fifth was not of the same mind as appeareth by his Letter to Pope Adrian the sixth where in he reciteth the same fraud and requireth that the Tenths may be detained in Germany for that Vse for which they were first intended Lastly Henry the eighth and the Church and Kingdome of England were not of that mind nor intended to indure such an egregious cheat any longer so extremely contrary to the Fundamentall Lawes of the Kingdome and destructive to them By which Lawes the King himself who onely hath Legislative power in England may not compell his Subjects to pay any such Pensions without the Good will and Assent of the Arch-Bishops Bishops Earls Barons Knights Burgesses and other Freemen of the land Much lesse can a forrain Prince or Praelate whatsoever he be impose any such payments by his own Authority This is that which is so often Condemned in our Statutes of Provisors Namely the imposing Pensions and exporting the Treasure of the Realme The Court of Rome is so far from any Pretense of Reparation that if their Predecessors were living they were obliged to make restitution These are all the Differences that are between us concerning the Patronage of the Church of EnglaÌ„d Yet now least he should urge that these Lawes alledged by mee are singular obsolete Lawes not Consonant to the Lawes of other Christian Kingdomes I will Paralell them with the Lawes and Liberties of France which he him self acknowledgeth to be a Catholick Country as they are recorded in two Authentick Bookes One of the Rights and Libertyes of the Gallican Church The Other The Defence of the Court of Paris for the Liberty of the Gallican Church against the Roman Court both printed by Authority First for the Patronage of the Church The fourth Liberty is The King hath power to Assemble or cause to be Assembled Synods Provinciall or Nationall and therein to treat of such things as concern Ecclesiasticall Order The seventh Liberty is The Prelates of the French Church although commanded by the Pope for what cause so ever it be may not depart out of the Kingdome without the Kings Commandement aâ—d License The eleventh Liberty is The Pope cannot impose Pensions in France upon any Benifices having Cure of Soules Nor upon any other but according to the Canons c. The Fourteenth Liberty is Ecclesiasticall persons may be Convented Iudged and sentenced before a secular Iudge for the First enormious Crime or for lesser offences after a relapse The fifteenth Liberty is All the Prelatest of France are obliged to swear Fealty to the King and to receive from him their Investitures for their Fees and Manours The nineteenth Liberty is Provisions Reservaâ—ioÌ„s expectative graces have no place in FraÌ„ce This is the brief summe of those Liberties which concern the Patronage of the Gallican Church agreeing perfectly with our old English Customes I shall shew him the same perfect Harmony between their Church Liberties and our English Customes the Assise of Clarendon the Statutes of Provisors and Premunire through out Either Mr. Serjeant must make the Gallican Church Schismaticall which he dare not doe and if I conjecture rightly hath no mind to doe or he must acknowledge our English Lawes to be good Catholick Lawes for Company Sect. I. Cap. VI. The next Vsurpation which offereth it self to our Consideration is the Popes Legislative power ouer the Church and Kingdome of England either in his person or by his Legates For the clearer understanding whereof the Reader in the first place may be pleased to take notice that we receive the ancient Canons of the Catholick church and honour them more then the Romanists themselves as being selected ouâ— of the Canons of Primitive Councells before the Roman Bishops did challenge any plenitude of Legislative power in the Church And especially of the first four General Councells of which King Iames said most truly that Publica Ordinum nostrorum Sanctione recâ—pta sunt They are received into our Lawes We acknowledge that just Canons of Councells lawfully Congregated and lawfully proceeding have power to bind the Conscience of Subjects as much as Politicall Lawes in themselves not from themselves as being humane lawes but from the Ordinance of God who commandeth Obedience of Subjects to all sorts of Superiours We receive the Canons of other Primitive Councells but not with the same degree of Reverence as wee doe the first four generall Councells No more did S. Gregory of old No more doth the Pope now in his solemne Profession of his Faith at his election to the Papacy according to the decree of the Councell of Constance That which restrained them restraineth us I am more troubled to thinke how the Pope should take himself to be an Ecclesiasticall Monarch and yet take such a solemne Oath In the Name of the Holy and undivided Trinity Father Son and Holy Ghost to keep the Faitâ— of the Councell of Chalcedon to the least Tittle What the faith of the Fathers of Chalcedon was in this greate Controversy about the Papacy may appeare by the six teenth Session and the Acclamation of the Fathers to the Sentence of the Iudges Haec justa Sententia haec omnes dicimus haec omnibus placent c. This is a just Sentence These things wee all say These things please us all c Secondly we acknowledge that Bishops were alwayes esteemed the proper judges of the Canons both for composing of them and for executing of them but with this caution that to make them Lawes the confirmation of the Prince was required and to give the Bishop a coactive power to execute them the Princes grant or concession was needfull The former part of this caution is evident in Iustinians confirmation of the fifth Generall Synod Haec pro communi Pace Ecclesiarum Sanctissimarum statuimus haec sententiavimus sequentes Sanctorum PatruÌ„ dogmata c. These things wee ordaine these things wee have sentenced following the opinion of the Holy Fathers c. Quae Sacerdotio visa sunt ab Imperio confirmata Which were approved by the Clergy and confirmed by the Emperour The second part of the caution is evident out of the Lawes of William the conquerour Qui decimam deâ—inuerit per justitiaÌ„ Episcopi Regis si necesse fueriâ— ad soluttioneÌ„ arguatur c. Who shall detain his Tythe Let him be convinced to pay it by the justice of the Bishop and if it be needfull of the King For these things S. Austin preached and taught and these things that is both Tythes and jurisdictioÌ„ were granted froÌ„ the King the Barons and the People So hitherto there is no difference betweeÌ„ us they acknowledge that the King
Clarendon by the Popes Mandate they had interdicted the Lands of Earl Hugh and had published an Excommunication without the Kings License which the Pope had given out against him All these Lawes continued still in force and were never repealed in England neither before Henry the eighth began the reformation nor since by Queen Mary but have ever continued iu full force untill this day Lastly for Legates and Legantine courts there could be no Appeale in Eugland to any Legate or Nuncio without the Kings leave but all Appeales must be from the Archdeacon to the Bishop from the Bishop to the Archbishop from the Archbishop to the King as we see expresly by the statute of Assise of Clarendon formerly cited The Kings of England did ever deem it to be an unquestionable right of the Crown as Eadmerus testifieth to suffer none to excercise the Office of a Legate in England if the King him self did not Desire it of the Pope upon some great quarrell that could not be so well Determined by the Arch-bishop of Canterbury and the other Bishops Which Privilege was consented unto by Pope Calixius By the Lawes of England if a Legate was admitted of Courtesy he was to take his Oath to doe nothing Derogatory to the King and his Crown Henry the sixth by the counsaile of Humphry Duke of Gloster the Protector protested against Pope Martin and his Legate that they would not admit him contrary to the Lawes and Libertyes of the Realm and dissented from whatsoever he did And when the Pope had recalled Cardinall Pooles Commission of Legate for England and was sending another Legate into England Queen Mary being very tender of her Kinsmans Honour for all her good affection to Rome was yet mindfull of this point of old English Law to cause all the Seaports to be stopped and all Letters Briefs and Bulls from Rome to be intercepted and brought to her Shee knew this was an old English not a new protestant Privilege Neither would she ever admit the new Legate to appeare as Legate in her presence Now let us see how these old English Customes doe agree with the French Liberties The Pope cannot send a Legate a latere into France with power to Reform Iudge Collate dispense except it be upon the desire or with the Approbation of the most Christian King Neither can the Legate execute his Charge untill he hath promised the King under his Oath upon his holy Orders to make no longer use of the Legantine power in the Kings Dominions then it pleaseth him That he shall attempt nothing Contrary to the Liberties of the Gallicane Church And it is lawful to Appeale from the Pope to a future Councell Another Liberty is The Commissions and Bulls of Popes are to be viewed by the Court of Parliament and registred and published with such Cautiōs as that Court shall Iudge expedient A third Liberty is Papall Bulls Sentences Excommunications and the like are not to be executed in France without the Kings command or Permission Lastly neither the King nor his Realm nor his Officers can be Excommunicated nor Interdicted by the Pope And as England and France so all the seventeen Provinces did enjoy the same Privileges as appeareth by the Placaet of the Councell of Brabant dated at Bruxelles May 12 An. 1653. Wherein they declare that it was notoriously true that the subjects of those Provinces of what State or Condition soever that is the Clergy as well as the Laity cannot be cited or convented out of the Land no not before the Court of Rome it self And that the Censures Excommunications c of that Court might not be published or put in execution without the Kings Approbation It seemeth that if the Pope had any judiciary power of old he must seek it nearer Home People had no mind to goe over the Alpes to seek for Justice And that Ordinance of Sainct Cyprian had place every where among our Ancestours Seing it is decreed by all and it is equall and just that every mans cause be heard there where the Crime was committed and a Portion of the Flock is assigned to every Pastor which he may rule and govern and must render an account of his Actions to the Lord It behoveth those whom wee are over not to run up and down nor to knock Bishops who agree well one◠against another by their Cunning and deceitfull Rashnesse but to plead their Cause there where they may have both Accusers and Witnesses of their Crime Vnlesse the Authority of the African Bishops who have Iudged them already seem lesse to a few desperate and lost persons c. To say S. Cyprian meant not to condemne appeales but onely the bringing Causes out of Africk to Rome in the first Instance is a shift as desperate as that of those Fugitives For St. Cyprian telleth us plainly that the cause was already Iudged and sentence given in Africk The first Instance was past and this Canon was made against Appeales out of Africa to Rome Sect I. Cap VIII So from his Iudiciary power I come to Papal dispensations the last of the grosser Vsurpations of the Bishops of Rome Where I have a large Field offered me to expatiate in if I held it so pertinēt to the present Controversy The Pharisees did never dilate their Philacteries so much as the Roman Courtiers did their dispensative power The Pope dispenseth with Oathes with Vowes with Lawes he looseth from Sinnes from Censures from Punishments Is not this a strange Key which can unlock both sinnes and censures and Punishments and Lawes and Oaths and Vowes where there are so many and so different wards It is two to one that it proveth not a right Key but a Picklock Their doctrin of Dispensations was foule enough especially in such cases as concern the Law of God or Nature as Oaths Vowes Leagues Marriages Allegiance For either they make the dispensation to be onely Declarative and then the Purchaser is meerly Cheated who payes his money for nothing Or else they make all Contracts Leagues promises to be but Conditionall If the Pope approve them which destroyeth all mutuall trust and humane Society Or thirdly they make the Popes Dispensations to be a taking away of the matter of the Vow or Oath that is the Promise as if the Papall power could recall that which is past or make that to be undone to day which was done yesterday or that not to be promised which was promised Or lastly they doe dispense with the Law of God and Nature as they doe indeed what soever they pretend to the Contrary or all this kind of dispensations signify nothing But the Practise of Dispensations was much more foule Witnesse their Penitentiary Taxe wherein a man might see the Price of his Sin before hand Their common Nundination of Pardons Their absolving Subjects from their Oaths of Allegiance Their loosing of Princes from their solemne Leagues of Married people from the Bonds of
of Henry the eighth They are both repealed long since by Queen Mary and never were restored by any succeding Prince If there were any thing blame worthy in them let it dye with them I confesse I approve not the Construing of one Oath for another nor the swearing before hand to Statutes made or to be made But De mortuis nil nisi bonum Secondly I answer according to the equity aâ— my second ground that although it were supposed that our Ancestors had over reached themselves and the truth in some expressions yet that concerns not us at all so long as we keep our selves exactly to the Line and Level of Apostolicall Tradition Thirdly and principally I answer That our Ancesters meant the very same thing that we doe Our onely difference is in the use of the Words Spirituall Authority or Iurisdiction Which we understand properly of Iurisdiction purely Spirituall which extendeth no further then the Court of Conscience But by Spirituall Authority or Iurisdiction they did understand Ecclesiasticall Iurisdiction in the Exteriour Court which in truth is partly Spirituall partly Politicall The interiour habit which enableth an Ecclesiasticall Iudge to Excommunicate or Absolve or degrade is meerly Spirituall but the Exteriour Coaction is Originally Politicall So our Ancestors cast out Externall Ecclesiasticall Coactive Iurisdiction The same doe wee They did not take away froÌ„ the Pope the power of the Keyes or IurisdictioÌ„ purely Spirituall No more doe wee To cleare the whole businesse We must know that in Bishops there is a threefold power The first of Order The second of Interiour jurisdiction The third of Exteriour jurisdictioÌ„ The first is referred to the Consecrating and Administring of the Sacraments The second to the Regiment of Christians in the interiour Court of Conscience The third to the Regiment of Christian people in the Exteriour Court of the Church Concerning the two former I know no Controversy between the Church of Rome and us but one Whether the Bishop of Rome alone doe derive his Iurisdiction immediatly from Christ and all other Bishops do derive theirs mediatly by him Yet I confesse this Controversy is but with a part of the Church of Rome For many of them are of our mind that all Bishops hold their Iurisdiction immediatly from Christ as well as the Pope And if it were otherwise it were the grossest absurdity in the world For thousands of Bishops in Christendome doe not at all derive their holy Orders from S. Peter or any other Roman Bishop either mediatly or immediatly especially in Asia and Africa but froÌ„ the other Apostles Must all these poore Bishops waÌ„t the Key of Iurisdiction and be but half Bishops to humour the Court of Rome For they never had ordination or Delegation or Commission from Rome either mediatly or immediatly yet the ChristiaÌ„ World hath evermore received them for true complete Bishops But we have a Controversy with some others who acknowledge no power of Governing in a Bishop but meerly directive neither more nor lesse then a Phisitian hath over his Patient To advise him to abstain from some meats because they are hurtfull to him which advise the Patient may either obey or reject without sinne But all the Schooles have tyed two Keys to the Churches Girdle the Key of Order and the Key of Iurisdiction and I doe not mean to rob my Mother of one of her Keys What will ye shall I come unto you with a Rod A rod is more then chiding The principall Branch of this Rod is Excommunication a Punishment more to be feared in the Iudgement of the Fathers then all earthly Paines The Spirituall Sword Like the cutting of a member in the Body naturall Or the out lawing of a Subject in the body Politicall It is a Question in the Schooles whether the Pastors Sentence in binding and loosing be onely Declarative or also â—perative As if such glorious promises and so great solemnity where with this power was given did imply a naked declaration Keys are not given to signify the doore is open or shut but to opeÌ„ or shut it indeed For my part I have alwayes esteemed this QuestioÌ„ to be a meer Logomachy or Contention about words They who make the Sentence onely declarative in respect of man doe acknowledge it to be operative in respect of God And they who make it to be Operative make it to be Operative by the power of God not of maÌ„ Whether the effect be attributed to the principall cause or to the Instrument being rightly understood it is both wayes true But this will not excuse our Innovators who have robbed the Church of one of her Keys the Key of Spirituall jurisdiction They are so Iealous of the honour of God that they destroy the beauty of the world and jumpe over the backes of all second causes and so they would make the holy Sacraments to be bare Sigus As it was said of old the sword of the Lord and of Gideon so we may say now the Key of Christ and his Pastor St. Paul taxeth the Corinthians for saying I am of Paul I am of Apollo I am of Cephas I am of Christ What saith he is Christ divided Is Christ divided from his Ministers As it is an Errour on the one hand to depend so much upon Paul and Apollo and Cephas or any of them as not to depend principally upon Christ so it is an Errour on the other hand so depend so upoÌ„ Christ as to neglect Paul Apollo and Cephas In summe Christ made his Apostles not onely Lawiers to give Advise but Iudges to give Sentence He gave them not onely a Command but a Commission As my Father sent me so send I you That is I doe constitute you my Deputies and Surrogates with as ample power and commission as my Father gave me Bind Loose Remitt Retein whatsoever you doe on earth Clave non errante as long as your Key erreth not I confirm in heaven This is the Difference between the binding and loosing of Christ and the binding and loosing of his Ministers His power is Originall Primitive Soveraign Imperiall Their power is derivative Subordinate Delegate Ministeriall His Sentence is absolute ad Sentenâ—iandum simplicitâ—er Their Sentence is Conditionall ad Sententiandum si His Key never erreth Their Key may erre and many times doth erre To conclude the Apostles had a legislative power It seemed good to the Holy Ghost and to us to lay upon you no greater Burthen then these Necessary things The Observation of Sunday was an Apostolicall precept so is the Order of Deacons They had a Iudiciary power and their Tribunalls Against an Elder receive not an Accusation but before two or three witnesses They had a dispensative power To whom I forgave any thing for your sakes forgave I it in the person of Christ But all this is onely in the interiour Court of Conscience The third power of Bishops is the power of exteriour IurisdictioÌ„ in the
as he calleth them do not baffle him and trip up his heeles I pleaded that Roman Catholicks did make the first separation He answers that this Plea doth equally acquit any Villain in the World who insists in the steps of his Forefather Villains Would no expression lower then this of Villains serve his turâ—e Who can help it If those Forefathers whom he intimates were Villains or any thing like Villains they were his Forefathers twenty times more then ours We inherit but one point in difference from them but he twenty The denomination ought to be from the greater part If any of them were deemed more propitious to us then the rest it was Henry the eighth or Archbishop Cranmer For both these we have their own confession that they were theirs First for Henry the eight We had a King who by his Lawes abolished the Authority of the Pope although in all other things he would follow the faith of his Ancestours And for Archbishop Cranmer heare another of them Cranmer the unworthy Archbishop of Canterbury was his the Earle of Hartfords right hand and chiefe Assistant in the work although but a few moneths before he was of King Harries Religion yea a great Patron and Prosecuter of the six Articles But to deale clearly with you there is not the same reason to imitate a notorious knave in his confessed knavery and to follow one who hath not onely a reasonable and just cause of contending but also the reputation of an honest man even in the judgement of his adverse party in all other things except onely therein wherein he is adverse to them Such were all the Actors in this cause by their Confession If we acknowledged that they who cast out Papall Vsurpations were Schismaticks for so doing he said something but we justify their Act as pious and virtuous and so his Comparison hath never a leg to run on I pleaded that it was a violent presumption of their Guilt and our Innocence when their best Friends and best able to Iudge who preached for them and writ for them who acted for them and suffered for theÌ„ who in all other things were great Zelots of the Roman Religion and persecuted the poore ProtestaÌ„ts with fire and fagot yet coÌ„demne theÌ„ and justify this seperarioÌ„ He minceth what I say according to his use and then excepteth The word best might have been left out They ever were accounted better Friends who remained in their former faith and the other Bishops looked upon as Schismaticks by the Obedient party Yet the Bishop of Chalcedon doubted not to call them the best of Bishops He should do well to tell us for his credits sake who those other Bishops were who looked upon these as Schismaticks Such is his ignorance in the State of these times that he dreameth of two parties an Obedient Party and a Rebellious Party whereas there were no Parties but all went one way There was not a Bishop nor an Abbot of Note in the Kingdome who did not vote the Kings Supremacy Four and twenty Bishops and five and twenty Abbots personally at one time There was not a Bishop nor any person of note in the Kingdome who did not take the Oath of the Kings Supremacy except Bishop Fisher and S. Thomas Moore who were imprisoned for treason either true or pretended before that Act was made for opposing the Succession of the Crown If he will not trust me let him trust the Veredict of our Vniversities A length we all agreed unanimously in this Sentencâ— and were of one accord that the Roman Bishop hath no greater Iurisdiction given him by God in holy Scripture in this Kingdome of England then any other Forrain Bishop The same Sentence was given by our Convocations or Synods The same Sentence was given by our Parliaments with the same concord and Vnanimity Nemine Dissentiente We had no parties but one and all Let him listen to his Friend Bishop Gardiner No Forrain Bishop hath any Authority among us all sorts of people are agreed with us upon this point with most stedfast consent that no manner of person bred or brought up in England hath ought to doe with Rome And Ireland was unanimoâ—s herein with England All the great Families as well of the Irish as of the English did acknowledge by their Indentures to S. Anthony St. Leger then chiefe Governour of Ireland the Kings Supremacy and utterly renounce the Iurisdiction of the Pope Yet it was not the meaning of our Ancestours then and though some of them had been so minded it is not our meaning now to meddle with the power of the Keys or abridge the Bishop of Rome of any Iurisdiction purely spirituall or any Legacy which was left him by Christ or his Apostles but onely to cast out his usurped Coactive power in the exteriour Court without the leave of the Soveraign Prince which Christ and his Apostles did never exercise or dispose of or meddle with and to vindicate to our Kings the Politicall or externall Regiment of the Church by themselves and by their Bishops and other fit delegates as a Right due to all Christian Princes by the Law of God and nature But he attributeth all this to the Feare of the Clergy and the people and the Kings violent Cruelty and for proofe of what he saith citeth half a passage out of Doctor Hammond but he doth Dr. Hammond notorious wrong Dr. Hammond speaketh onely of the first preparatory act which occasioned them to take the matter of right into a serious debate in a Synodicall way he applieth it to the subsequent act of Renunciation after debate Dr. Hammond said onely it is easy to be believed Mr. Serjeant maketh it a just Presumption or confest Evidence Dr. Hammond speaketh of no feare but the feare of the law the law of Premunire an ancient law made many ages before Henry the eighth was borne the Palladium of England to preserve it from the Vsurpations of the Court of Rome but he misapplieth it wholy to the feare of he Kings violent Cruelty Lastly he smothers Dr. Hammonds Sense expressed clearly by himself that there is no reason to doubt but that they did believe what they did professe the feare being the Occasion of their debates but the reasons or Arguments offered in debate the causes as in all Charity we are to Iudge of their decision He useth not to cite any thing ingenuously If he did he could have told his Reader that this answer was taken away by me before it was made by him For two whole Kingdomes the Vniversities the Convocations the Parliaments to betray their Consciences to renounce an Article which they esteem necessary to salvation onely for the feare of a Premunire or the losse of their goods to forswear themselves to deny the Essence of their faith to turn Schismaticks as if they did all value their Goods more then their soules without so much as one to oppose it is a vain uncharitable
passe muster for once Here is a Contradiction deserves a Bell and a Bable Catholick Countries did maintein their Privileges inviolate by such means at one time not at another in one place not in another in one degree not in another in one respect not in another The last mock Contradiction is that I say The Lawes which denied the Pope all Authority and were actually in force that is actually left him none were not sufficient Remedies against the abuses of that Authority Which had quite taken them away This is not finding of Contradictions but making of them Give him leave to use this id est that is and he will make a hundred Contradictions in every page of the Bible as here actually in force that is which actually left the Pope no Authority or which had quite taken his Authority away If this id est that is be mine then he may object the Contradiction to me if it be not then he may keep the Contradiction to himself such as it is He knoweth and all the world know that a law is said to be actually in force whilest it is unrepealed in this sense I did and all men but himself doe use that expression And here he committeth a third grosse fault against the Rule of Opposition which ought to be ever 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the same Respect The Law taketh away abuses as a Rule but the Magistrate by due execution as an Artificer The Law is sufficient when it is sufficiently penned and promulged but the effect followeth the due execution The not observing of this obvious and easy truth hath made us all this stirre about Imaginary Contradictions as I have shewed in my answer to his last â—â—ragraph which alone is a sufficieâ—â— answer to all these pretended Contradictions but whether it will be so actually in force to procure his assent is more then I know if it do not it detracteth nothing frem the sufficiency of the answer Goe Mr. Serjeant goe bring us lesse wind and more weight Saepius in libro memor atur Perseus uno Quam levis in totâ Tharsus Amazonide In the last Paragraph is nothing but a Calumny against Henry the eight which he is not able to prove and if he were it neither concerneth us nor the Question SECT VII That the King and Church of England proceeded with due Moderation THis Section doth not much concern either us or the merit of the cause A Reformation might be just and necessary although the Reformers did exceed the bounds of due Moderation neither are we answerable for their excesses further then we ourselves doe maintein them I passe by his pleasant Topick unsaluted as being impertinent and having nothing in it deserving the least stay of a serious Reader I reckoned this as the first Branch of our moderation that we deny not to other Churhes the true being of Churches nor possibility of Salvation nor seperate from Churches but from Accidentall Errours For all his scoffing if their Church would use the like moderation it would save the world a great deale of needlesse debate Against that which I say he objecteth thus Now the matter of Fact hath evidenced undeniably that they the Protestants seperated from those points which were the Principles of Vnity both in Faith and Government He hath brought his matter of Fact and his Principles of Vnity so often upon the Stage already and they have been so often clearly answered that I will not insist upon such a threedbare subject or trouble the Reader with an irksome repetition We have seen how far his Principles of Vnity or his Fundamentall of Fundamentalls is true and ought to be admitted and in a right sense we adhere much more firmly unto them then the Church of Rome it self He procedeth that the Church of England defines that our Church the Church of Rome erreth in matter of Faith Artic. 19. The words of the Article are Non solum quoad agenda Ceremoniarum ritus verum etiam in iis quae credenda sunt that is Not onely in Practicall Observations and Ceremoniall rites but also in those things which are to be believed that is to use Cardinall Cajetans distinction Not in those things which are de fide formaliter in necessary Fundamentall Articles for we acknowledge that the Church of Rome doth still retein the essentialls of Faith but in those things which are fidei materialiter in inferiour Questions which happen in things to be believed that is to say Opinions wherein himself acknowledgeth that a particular Church may erre That this is the right sense of the Article appeareth hence that the Article doth contradistinguish Credenda or things to be believed not to Opinions but to agenda things to be practised He urgeth that we have declared four points of their faith to be vain Fictions contradictory to Gods word Artic. 22. That is to say their Doctrin of Purgatory Indulgences their Adoration of Images and Relicks Invocation of Saints Right four points of their new Faith enjoined by Pius the fourth but no Article of the old Apostolicall Faith and at the best onely Opinions Yet neither doth he cite our Article right which doth not define them to be contrary to Scripture but onely besides the Scripture or not well grounded upon any Texts of Scripture He addeth the like Character is given of another point Art 28. That is Transubstantiation Our highest Act of Devotion Art 31. is stiled a blasphemous fiction and pernicious imposture that is the Propitiatory Sacrifice of the Masse Concerning Transubstantiation what is our Opinion I referre him to my answer to Militier in the very beginning of it And concerning their Propitiatory Sacrifice of the Masse to the same answer pag. 152. Edit 2. The true state of the Controversy was not so clearly understood at first on either side as it is now He cannot goe one step further then we doe in that cause without tumbling into direct Blasphemy It followeth And Art 33. that those who are cut of from the Church publickly should be held as Heathens and Publicans Well here is no distinction between Roman Catholicks and Protestants And Franciscus a Sancta Clara in his Paraphrasticall ExpositioÌ„ of the English Articles giveth this Iudgement of this Article This Article is Catholick and agreeable as well to holy Scripture as to antiquity Then why doth he snarle at this Article which he cannot except against Because he conceiveth that the Article meaneth Catholicks or at least doth include them Iudge Reader what a spirit of Contradiction dâ—th possesse this man who when he is not able to pick any quarrell at the words of the Article calumniateth the meaning upon his own groundlesse suspicion But nothing was more common in the mouths of our Preachers then to call the Pope Antichrist the Church of Rome the VVhore of Babilon Idolatrous Superstitious Blasphemous and to make up the Measure of his Forefathers sinnes the Bishop calles here the two Principles of
that Authority which he doth challenge and not wave the extent as a thing Indifferent If he challenge it out of Prudentiall Reasons it ought to be considered whether the Hopes or the Hazards the Advantages or Disadvantages the ConvenieÌ„ces or Inconveniences of such a Form of Government particularly circumstantiated doe over ballance the one or the other And the surest tryall of this is by experience It will trouble him to find so many Advantages which the Church and Kingdome of England have received from Papall Iurisdiction I speak not of the Key of Order as may overweigh all those Disadvantages which they have susteined by the Extortions and Vsurpations and Malignant Influence of the Papacy If he attribute no more power to the Pope then all Roman Catholicks universally do approve which is the onely Rule that he giveth us to know what is the Substance of Papall Authority he need not be so impetuous this Question is near an end He askes whether wee and the Eastern Southern and Northern Christians be under the Government of Patriarchs or any other Common Government I answer wee and they are under the same Common Government which the Primitive Church was under from the Dayes of the Apostles long before there were any Generall Councells that was the Government of Bishops under Primates or Patriarchs For as I have said formerly a Protarch and a Patriarch in the Language of the Primitive Church are both one We have as much Opportunity to Convocate Synods as they had then before there were Christian Emperours and more yet by such Councells as they could Congregate though they were not Generall they governed the Church If there be not that free Communication of one Church with another that was then either by reason of the great distance or our mutuall misunderstanding one of another for want of the old Canonicall Epistles or Literae Formatae the more is the Pity We are sorry for it and ready to contribute our uttermost endeavours to the Remedy of it With these western Churches which have shaken of the Roman Yâ—ke we have much more Communion by Synods by Letters by Publishing our Confessions aÌ„d we might justly hope for a much nearer union yet both in doctrine and Discipline if God would be graciously pleased to restore an happy Peace That we have it not already in so large a measure as we might is their onely Faults who would not give way to an Vniform Reformation Sometimes they accuse us for having too much Communion with them at other times they will not grant us to have any at all Concerning the rest of the Western Churches which submit to the Papacy we have the same Rules both of Doctrine and Discipline which they had We have the same that they have saving their Additionall Errours We have broken no Bonds of Unity either in Faith or Discipline we have renounced no just Authority either Divine or Humane we adhere to the Apostles Creed as the ancient and true Rule of Faith into which alone all ChristiaÌ„s that ever were have been baptised and we renounce the upstart additionall Articles of Pius the fourth We are willing for peace sake to give the Pope the same Primacy of Order which St. Peter had above his Fellow Apostles but the Supremacy of power was not in St. Peter but in the Apostolicall College neither is now in the Bishop of Rome but in a Councell of Bishops He saith we maintein a larger Brotherhood then they but never goe about to shew any visible Tye of Government We shew them the same Badge or Cognisance of our Christianity that is the same Creed and the same Discipline or Government that is the same Colours derived down from the Apostles by an uninterrupted Succession The same Doctrine and the same Discipline is Tye enough To take an exact View it is necessary the Organ should be perfect the Medium fit and the Distance convenient if any one of these were Defective in Mr. Rosses View he might well mistake but I may not doe him that wrong to trust your Testimony without citing his words He urgeth If Christ have left any Vnity of Government in his Church and Commanded it to be kept and we have taken a Course to leave no such Vnity then we have rebelled against Christ and his Church and falsly pretend to have him our Spirituall head I admit this now let him Assume But you Protestants have taken a Course to leave no Vnity of Government in the Church which Christ left and Commanded to be kept I deny his Assumtion altogether and he saith not one word to prove it This is his Enthymematicall manner of Arguing He procedeth That to have a Generall Councell for an Ecclesiasticall Head is to confesse that there is no Ordinary Vnity of Government in Gods Church but extraordinary onely when a Councell sits I deny this Proposition altogether and the reason is Evident because besides a Generall Councell which sitteth but rarely neither is it needfull that it should sit often Nisi dignus Vindice nodus inciderit there are particular Councells which in lesser Exigents serve the turn as well as Generall There are Patriarchs and Bishops which are Ordinary and perpetuall In an Aristocracy it is not necessary that the Governours should be evermore actually Assembled In the first three hundred yeares there were no Generall Councells held there was lesse hope of ever holding them then then now yet there was an Ordinary Vnity of Government in Gods Châ—rch in those dayes for which they were not indebted at all to any visible Monarch Bâ—t when a Generall Councell doth sit the Supreme Ecclesiasticall power rests in it He wonders why I should make the King onely a Politicall Head Contrary to our Common Assertion It seemeth that though he hath been bred among us yet he hath not been much versed in our Authors No man that ever understood himself made him otherwise Yet this Politicall Head hath a great Influence upon Ecclesiasticall Causes and persons in the Externall Regiment of the Church He demandeth is there any Orderly Common Tye of Government obliging this Head to Correspond with the other head If not where is the Vnity I answer yes the direction of his Spirituall Guides that is his Bishops and Synods If this Method be so great a Rarity with him it is his own fault He had said more properly to Correspond with the other Heads then Head He saith It is false to say that they have sometimes two or three heads since there can be but one true or rightly chosen Pope True but the Election may be uncertain that no man living can know the true Pope so whether there be three Popes or one Pope and two pretenders yet if the right Pope cannot be made appeare it is all one relatively to the Church If the Trumpet give an uncertain sound who shall prepare himself to the Battell He telleth us further that when the See of Rome is vacant the Headship is