who shall be deputed to be any Chancellor Commissary c may lawfully exercise all manner of Jurisdiction commonly called Ecclesiastical Jurisdiction any Constitution to the contrary notwithstanding And see Reformatio Legum Ecclesiasticarum tit de Officio Jurisd omnium Judicum Rex tam in Episcopos Clericos c quam in Laicos plenissimam jurisdictionem tam civilem quam Ecclesitasticam exercere potest cum omnis Jurisdictio Ecclesiastica Saecularis ab eo tanquam ex uno eodem fonte derivantur § 27 Amongst which Jurisdictions I understand also Excommunication Suspension and Deprivation ab officio of which see more below p. § 46. Not that I affirm the King did ever claim the right of exercising himself this power of the Keys but that he claimed this right which is contrary to the First Thesis that no Clergy-man being a Member of the Church of England should exercise it in his Dominions in any Cause or on any Person without the leave and appointment of him the Supream Head of this Church nor any forbear to exercise where he the Head commanded it As before the Reformation the inferiour Clergy might not exercise any Church Censure contrary to the commands of their lawful Spiritual Superiors which Jurisdiction of their former Spiritual Superiors was now enstated on the King On the King Not as one subordinate to the Ecclesiastical Jurisdiction herein For so a Lay-person in foro exteriori or contentioso as 't is called which Court the Church used before any Prince was Christian may excommunicate sometimes tho not ligare or solvere in foro interiori or poenitentiali yet for the exteriour also see what Provision is made against this in 16. Caroli 1. Can. 13. But as one by God primarily invested with the disposal thereof from whom the Ecclesiastical Governors within his Dominions derive this authority as you have seen in the Preface of this Act. § 28 Again in vertue of this Jurisdiction translated to the King by another Act of Parliament 25. Hen. 8.21 c. the Supreme Power of giving all manner of Licences Dispensations Faculties Grants c for all Laws and Constitutions meerly Ecclesiastical and in all Causes not being contrary to the Scriptures and Laws of God is not only taken from the Pope but from the Clergy too and is committed to the Secular Power contrary to the Eighth Thesis The Statute saith thus That whereas it standeth with Natural Equity and good Reason that in all humane Laws in all Causes which are called Spiritual induced into this Realm your Royal Majesty and your Lords Spiritual and Temporal and Commons in Parliament where you see the Parliaments Supremacy as to admitting or abrogating Ecclesiastical Constitutions joyned with the Kings have full power and authority not only to dispense but also to authorize some elect persons to dispense with those and all other humane Laws of this your Realm as the quality of the persons and matter shall require as also the said Laws to abrogate admit amplify or diminish Be it therefore Enacted That from henceforth every such Licence Dispensation c that in cases of necessity may lawfully be granted without offending the Holy Scripture and Laws of God necessary for your Highness or for your Subjects shall be granted in manner following that is to say the Arch-Bishop of Canterbury shall have Power to grant them to your Majesty c. And if the foresaid Arch-Bishop shall refuse or deny to grant any Licences Dispensations that then upon Examination had in your Court of Chancery that such Licences may be granted without offending against the Scriptures your Highness shall command the Arch-Bishop to grant them c under such Penalties as shall be expressed in such Writ of Injunction And it shall be lawful to your Highness for every such default of the said Arch-Bishop to give Power by Commission to such two Spiritual Prelates or Persons to be named by your Highness as will grant such Licences and Dispensations Here the Supream Power of dispensing with Ecclesiastical Constitutions is ascribed to the King and Parliament as recognized Supream Head of the Church and the Arch-Bishop made his Delegate and after the Arch-Bishop the King or his Court of Chancery made the last Judge what things in such Dispensations offend against Scripture what not § 29 By vertue of the same Jurisdiction translated to the King by an Act of Parliament 25. Hen. 8.20 c. The necessity of the Metropolitan's being confirmed by the Patriarch is taken away and the Clergy are bound to admit and consecrate what person soever the King shall present to any Bishoprick upon Penalty of incurring a Premunire and the Consecration is to be performed by such and so many as the King shall appoint A thing contrary to the Third Thesis and the Canons of former Superior Councils and ruining the Church when the Prince is Heretical See the Statute § 30 Again it is Enacted by the Statute above-mentioned 26. Hen. 8.1 c. That the King should have full power from time to time to visit repress reform correct and amend all such Errors Heresies c as is set down but now § 25. § 31 Again 25. Hen. 8.19 c. It is Enacted by the same authority That all such Canons and Constitutions Provincial or Synodal which be thought prejudicial as I have set it down before § 23. § 32 The like is Enacted 32. Hen. 8.26 c. viz. That all such Determinations Decrees Definitions and Ordinances as according to Gods Word and Christs Gospel should at any time hereafter be set forth by the said Arch-Bishop and Bishops and Doctors in Divinity now appointed or hereafter to be appointed by his Royal Majesty or else by the whole Clergy of England either by the one or by the other therefore is the latter not held necessary but the former sufficient with the Confirmation of the Head in and upon the matter of Christs Religion and the Christian Faith c by his Majesties advice and confirmation under the Great Seal shall be by all his Grace's Subjects fully believed obeyed observed and performed to all purposes and intents upon the pains and penalties therein to be comprised Where note that whereas under the Reformation private men are tyed only to obey and believe the Definitions of Councils when they are set forth according to Gods Word i. e when private men think them to be so Yet here this Liberty was thought fit to be restrained and private men tyed to believe these Definitions when set forth as according to Gods word i. e when the setters forth deem them to be so To obey a thing defined according to Gods Word and to obey a thing defined as being according to Gods word are Injunctions very different § 33 Again whereas the Act 24. Hen. 8.12 c. set down before § 25. ordered Appeals in Causes Spiritual to be finally adjudged by the Arch-Bishop of the Province It is Enacted by Parliament 25. Hen. 8.19 c. First That
no manner of Appeals shall be made out of the Realm to the Bishop of Rome in any Causes or Matters of what Nature soever Secondly That for lack of Justice in the Court of the Arch-Bishop Commissioners by the Kings Highness to be appointed shall have full power and authority to hear and definitively to determine every such Appeal with the causes and all circumstances concerning the same and no further Appeals to be made These Commissioners therefore appointed by the King are the ultimate and unappealable Judges after the Arch-Bishop in all Spiritual matters of which doubtless many are concerning what is lawful or unlawful by Gods Word wherein according to the Canon when they were Causes of moment Appeals were formerly made from the Bishop to a Synod or to the Patriarch § 34 Again 25. Hen. 8.14 c. It is Enacted by authority of Parliament That no speaking doing or holding against any Laws called Spiritual Laws made by authority of the See of Rome by the Policy of Man which be repugnant to the Laws and Statutes of the Realm or the Kings Prerogative shall be deemed to be Heresy From which all that I would note is this that the King and Parliament undertake to be Judges of Heresy and do declare that no Laws of the Realm nor the Prerogative assumed by the King have any thing of Heresy in them Again it is Enacted by Parliament 34 35. Hen. 8.1 c. That if any Spiritual Person or Persons shall preach or teach contrary to the Determinations which since An. Dom. 1540 are or shall be set forth by his Majesty as is aforementioned that then every such Offender offending the third time contrary to this Act shall be deemed and adjudged an Heretick and shall suffer pains of death by Burning Where the King is made the ultimate Judge of Heresy without any Appeal as appears by the former-quoted Act 25 Hen. 8.19 c. contrary to the First and Seventh Thesis And the Protestants in justifying this Supremacy must allow their own Condemnation if teaching against any thing written in the Book called the Institution of a Christian Man Or A Necessary Doctrine for all sorts of People set forth by the King's Authority at that time or against the Six Articles which were in the same Act Established as likewise in 31. Hen. 8.14 c. the Publishing of which Act saith Lord Herbert p. 447. gave no little occasion of murmur since to revoke the conscience not only from its own Court but from the ordinary ways of resolving Controversies to such an abrupt decision of the Common-Law as is there Stat. 31. Hen. 8.14 c. set down §. 35. n. 1. was thought to be a deturning of Religion from its right and usual course Now to reflect a little upon these several Acts fore-quoted 1. Whereas it is said by Bishop Bramhal Schism Guarded § 3. p. 262. the Title of which Section is That Henry the Eighth made no new Law See likewise his Vindic. p. 86. 1. That these Statutes of Henry the Eighth were only declarative of old Law not enactive of new Law proving it by the authority of Fitz-Herbert and of the Lord Coke Reports Fifth Part. And 2ly Schism Guarded p. 61 62. That these Statutes do attribute no Spiritual Jurisdiction to the King at all save only an External Regiment by coactive Power in Ecclesiastical Causes in foro contentioso Fox the First of these if you please to compare the Clauses of the Statutes before rehearsed with the former Statutes of this Land diligently collected by the Lord Coke Reports §. 35. n. 2. Fifth Part and with those also mentioned by Bishop Bramh. Vindic. 4. c. p. 63. c. You shall find no such thing if you take all and all the extent of King Henry's Statutes You may find Appeals to the Pope or other Forreign Judge and Bulls or Excommunications or Legations from him except that of the Bishop of Canterbury who was Legátus natus to have been prohibited by former Laws that is in some particular Cases wherein the Prince conceived Himself or his Subjects to be injured thereby in his or their Temporal Rights Profits Securities or also in some Ecclesiastical Indulgements obtained formerly from the Pope See that Indulgement granted to King Edw. the Confessor Vobis posteris vestris Regibus c. in Spelm. Conc. A. 1066 Bishop Bramhal's Vindic. p. 66. This appears in that much urged Statute 16. Rich. 2.5 c. quoted in Vindic. p. 80. where upon pain of a Premunire all are prohibited to purchase any Bulls or Sentences of Excommunication from Rome But this is in certain Cases only see Vindic. p. 81. Cases indeed Ecclesiastical but such as were conceived contrary to the Temporal Rights of the King and his Subjects which all Ecclesiastical matters I hope neither are nor are pretended to be viz. these Cases Popes refusing the King's or other Laity's Presentment of a Person to the Benefices of the Church that is of such a Person whose Orthodoxness and Canonicalness the Clergy cannot question Again The Translation by the Pope of English Bishops out of the Realm without the Kings assent whereby saith the Statute the Kings Liege Sages of his Council should be without his assent and against his Will carried away and gotten out of his Realm and the Substance and Treasure of the Realm shall be carried away and so the Realm destitute as well of Council as of Substance surely these are Temporal Considerations and so the Crown of England which hath been so free at all times that it hath been in no Earthly Subjection but immediately subject to God in all things not absolutely as the Bishop represents it Vindic. p. 80. but in all things touching the Regality of the same Crown and to none other should be submitted to the Pope c. the Regality that is in those Temporal things above named In these Cases Bulls c from the Bishop of Rome were prohibited as infringing the Civil Rights And to this Statute in such case it is said there the Lords Spiritual gave their consent But meanwhile making Protestations saith the Statute that it is not their mind to deny or affirm that the Bishop of Rome may not excommunicate Bishops nor that he may make Translation of Prelates after the Law of Holy Church And Richard the Second notwithstanding this Act was far from the denying the Popes Supremacy in his Realms as to many other respects as appears by his zealous supporting of Vrban the Sixth in it 2. Rich. 2.7 Again you may find perhaps Appeals Bulls c prohibited in general without the Kings content first obtained thereto But this not out of an intention of suppressing all such Appeals or Ecclesiastical Laws or Censures whatsoever coming from the Pope or other Spiritual authority abroad or out of an intention of denying these in several Cases to be rightfully belonging unto them but only out of an intention to examine them first whether any thing were contained in them
§ 70. And see the Reason given by Dr. Heylin why Parliaments which in former Ages abstained from them in this Age of Henry the Eighth began to intermeddle in stating of matters of Religion namely this reason A new Supream in Ecclesiastical Affairs then set up Engl. Reform Justified p. 41. Where he first relateth out of Walsingham how long since Wickleff having many Doctrines strange and new which he desired to establish in the Church of England and seeing he could not authorize them in a regular way addressed his Petition to the Parliament laying this down for a Position That the Parliament might lawfully examine and reform the Disorders and Corruptions of the Church and upon a discovery of the Errors and Corruptions of it devest her of all Tithes and Temporal Endowments till she were reformed But neither his Petition nor Position saith he found any welcome in that Parliament and then he goeth on thus To say truth as long as the Clergy were in Power and had Authority in Convocation to do what they would in matters which concerned Religion those of the Parliament conceived it neither safe nor fitting to intermeddle in such business as concerned the Clergy for sear of being questioned for it at the Church's Barr the Church being then conceived to have the just Supremacy herein But when that Power was lessened tho it were not lost by the Submission of the Clergy to King Henry the Eighth and by the Act of the Kings Supremacy in matters of Religion which ensued upon it then did the Parliament begin to intrench upon the Church's Rights to offer at and entertain such businesses as formerly were held peculiar to the Clergy only next to dispute their Charters and reverse their Priviledges and finally to impose many hard Laws upon them Thus he Which Example of the Parliaments meddling with Opinions and stating of Heresy thus begun under Henry the Eighth's Church Supremacy hath made some Parliaments since also so active with the assistance of some Persons selected by them out of the Clergy of the same Inclinations in altering modelling establishing an Orthodox Religion and hath emboldened Mr. Prinn see Heylin p. 27. to affirm it an ancient genuine just and lawful Prerogation thereof to establish true Religion in this Church by which establishing if Mr. Prin means not judging of Truth and Error in matter of Religion but only requiring Obedience to the Judgment of the Church this is willingly granted to be an establishing duly belonging to that Supream Court. § 83 I have dwelt the longer on the Instances foremen tioned Where Codeer the complaâ—â—ts made by Pâ—testaats of his abuse of the Suprenacy that you may see when a Prince together with his particular Clergy or rather whom out of them he shall choose without these being linked in a due subordination to the whole claimeth such a power of composing Models of Christian Faith and declaring all those his Subjects Hereticks who do not believe and obey such his Determinations what danger what mutability Christian Religion incurrs in such a Nation as often as this Supreme and Independent Head is not every way Orthodox And so it happened in the Acts of this new-sprung Supremacy of Henry that those who much pleased themselves in it whilst it run the course they would have it in abating the former Power of the Clergy in throwing down Monasteries Religious Vows Relicks Images c yet afterward lamented it as much when necessity of the Kings compliance with Forreign Princes and the influence of new evil Counsellors saith Fox p. 1036. made the same Supremacy produce a contrary sort of Fruit which they could not so easily digest I mean the Six Articles here also pronouncing Heresy to the Opposers and punishing the same with Fire and Faggot and the Prohibition and suppression of many Godly Books as Mr. Fox calls them but full of Errors and Heresies as the Supream Head of this Church and also as Arch-Bishop Cranmer whose Declaration against them see in Fox p. 1136. then judged them some of the Contents of which Godly Books as they were then collected by Cranmer and other Prelates you may see in Fox ibid. and the Prohibiting all Women Artificers Husbandmen c from reading the Scriptures of which more anon § 84 Which Supremacy so ill used as he thought forced from Mr. Fox that sad complaint both in particular concerning the Kings imposing of the Six Articles p. 1037. That altho they contained manifest Errors Heresies and Absurdities against all Scripture and Learning whereby we may see how these Supream Heads also may deviate from the truth and how dangerous it is to commit the Reformation of all Errors and Heresies into their hands who by this Power instead thereof may enjoyn Errors and Heresies and that even against all Scripture and Learning as Henry the Eighth tho a Scholar is here supposed to have done and that even to pronouncing those Hereticks that do not submit to such Heresy he goes on Yet such was he miserable Adversity of that time and of the Power of Darkness yet King Henry said the times were full of Light that the simple Cause of Truth was utterly forsaken of all friends For every man seeing the Kings mind who was now the Legislator in Spirituals so fully addicted upon politick respects to have these Articles to pass forward few or none in that Parliament would appear who either could perceive that which was to be defended or durst defend that they understood to be true And also in general concerning that Kings managing his Supremacy p. 1036. from which Posterity might have learnt some wisdome To many saith he who be yet alive and can testify these things it is not unknown How variable the State of Religion stood in these days How hardly and with what difficulty it came forth what chances and changes it suffered even as the King was ruled and gave ear sometimes to one sometimes to another so one while it went forward at another Season as much backward again and sometime clean altered and changed for a Season according as they could prevail who were about the King So long as Queen Anne lived the Gospel had indifferent Success Here then the Supream Head of the Church was directed by a Woman and managed the Affairs of Religion accordingly After that she by sinister Instigation of some about the King was made away the course of the Gospel began again to decline but that the Lord stirred op the Lord Cromwel opportunely to help in that behalf who did much avail for the increase of Gods true Religion Here then the Supream Head of the Church was directed by a Laick and managed Religion accordingly and much more had he brought to perfection if the pestilent Adversaries maligning the prosperous Glory of the Gospel had not supplanted his vertuous Proceedings Mr. Fox names not Cranmer amongst these Worthies because he was an Agent in many of those Proceedings of Henry the Eighth which
where they could be secure of no breach in greater matters § 119 To η. Where concerniâ—g the Clergy's concurrence and consent to the Kings Reformations To η. That the words urged out of the charge against Winchester prove not the Clergy's reception of or submission to all the Kings Injunctions touching the Reformation but only to the first Injunctions That whether they be extended to the first or to all they must be understood in some such sense as this That at that time when this charge against Winchester was drawn there were as yet none other known to the Council that did by open Protestation and Letters as it follows in that charge shew a wilful disobedience thereto c. Or else the verity of them will not consist with the story of those times which often signify a great opposition and averseness in many of the Clergy besides Winchester to the Kings proceedings in the alteration of Religion so far as that many were silenced suspended imprisoned ejected out of their Spiritual Preferments for this cause § 120 For evidencing which see first in Fox p. 1192. Bishop Bonner's protestation concerning these first Injunctions and Homilies when they were tendered unto him by the Commissioners which protestation was so far from being interpreted an obedient reception or reverent observance of them that for it he was sent to the Fleet. And what was done by Gardiner and Bonner leading Bishops that it was done also by many others I pray you review Mr. Fox's words before recited § 107 That for the most part the Bishops of Churches and Diocesses were changed which you may compare with what is said before § 107. of the many new Bishops made by King Edward That Learned Men were sent for out of forreign Countries surely not because the Leaders of the Universities were not so well studied see their Disputations but because not so conformable to the new prescriptions That of the old Bishops some were committed to one ward some to another where he names Bonner Gardiner Tonstal but might have mentioned also Heath Day Vesy that we know of And to the same purpose much-what speaketh Godwin p. 223. A. D. 1548 who after having commended Day and Tonstal for very learned Pre lates saith That the drift of the punishments of such men when in Henry's time they were accounted the chief Lights of our Church he conceives to have been that the rest of that Order might by their Example be admonished without dissimulation either to resign their Bishopricks to others that were thought by the present times more worthy or be induced by this terror to conform themselves to the present Reformation of the Church according to the prescript of the Laws in that behalf lately enacted i. e by Parliament Thus he But that the imprisonment of these or of some other Clergy as also that the dissent of many others to the Kings Injunctions who were not as yet imprisoned for it preceded the confirmation of these Injunctions by any Act of Parliament or Convocation appears from the very Act it self 2. Edw. 6.1 c. Where the Parliament desires of the King That all persons that have offended in the Premises i. e in refusing the Form of Common-Prayer or at least of the Mass Fox p. 1184 imposed by the King before this Act other than such person or persons as now be and remain saith the Act in the ward of the Tower of London or in the Fleet may be pardoned thereof Some Clergy therefore were imprisoned for this cause before this Act and more also had offended in this matter than those who were imprisoned whose pardon here was begged by the Parliament § 121 Which reluctance of the Clergy may be seen also in what Mr. Fox relateth p. 1184 who after he hath first told us how a new Form of Communion was agreed on by certain learned men appointed by the King which Form you must know was not allowed or seen by the first Parliament of King Edward which Parliament appointed Communion in both kinds indeed but this might have been observed without altering or adding one Syllable to the Mass and enjoined by the Council to be duly executed both by the Bishops and their subordinate Clergy thus complains Nevertheless saith he as at no time any thing can be so well done of the godly but that the wicked will find some means to deface the same so likewise at this present thro the perverse obstinacy and dissembling frowardness of many inferiour Priests and Ministers of Cathedral and other Churches of this Realm there did arise a marvellous Schism and variety of fashions in celebrating the Common Service and administration of the Sacraments and other Rites and Ceremonies of the Church For some zealously allowing the Kings proceedings did gladly follow the order thereof and others though not so willingly admitting them did yet dissemblingly and patchingly use some part of them but many carelesly contemning all would still exercise their old wonted Popery i. e in other language would still retain the former solemn Church Service Thus He. Now this variety of fashions only mentioned by Fox if you desire more particularly to know we find a more punctual relation thereof in Parsons 3. Convers of England 2. Part 12. Chapter What a Babylonical confusion saith he in the two first years of the Kings Reign ensued upon these innovations in all Churches is wonderful to recount For some Priests said the Latine Mass some the English Communion some both some neither some half of the one half of the other This was very ordinary to say the Introitus Confiteor in English and then the Collects and some other parts in Latine after that again the Epistles and Gospels in English and then the Canon of the Mass in Latine and lastly the Benediction and last Gospel in English But that which was of more importance and impiety some did consecrate Bread and Wine others did not but would tell the people before-hand That they would not consecrate but restore them their Bread and Wine back again as they received it from them only adding to it the Church's benediction And those that did consecrate did consecrate in divers forms some aloud some in secret some in one form of words some in another And after Consecration some held up the Host to be adored after the old fashion and some did not and of those that were present some did kneel down and adore others did shut their eyes others turn away their faces others run out of the Church crving Idolatry Hitherto Parsons View also Dr. Heylin's Hist. of Reform p. 63.74 concerning this-matter Whereby we see how averse and unsatisfied divers of the Clergy were with the Kings alterations § 122 And this not only before his new Liturgy is said to be confirmed by Act of Parliament and Convocation but after also For afterward we find the King and his Council in their Letter to the Bishop of London Fox p. 1186. complaining That it
then a Church under persecution until Moses was rais'd up by God a Lawful Magistrate over them The cases are alike for all the world No Magistrate did assemble them in Aegypt and good reason why they had none to do it But this was no barr but when Moses arose authoriz'd by God had the Trumpets by God deliver'd to him He might take them keep them use them for that end for which God gave them to assemble the Congregation Shall Moses have no more to do then Pharaoh or Constantine then Nero See also a Field of the Church l. 5. c. 52. Dr Field His Third Thesis is That the Secular Prince cannot b Soave Hist of Conc. Tr. Pag. 77. depose or eject from the exercise of their Office in his Dominions any of the Clergy nor introduce others into the place of the ejected But the Quaestion here is not Whether the Prince can eject any of the Clergy from the Exercise of their Office but Whether he can depose any for not Exercising it While the Clergy faithfully discharge their Office the Prince ought to protect them and if for this they suffer no doubt but they are Martyrs But it is possible they may abuse their power and then it is to be enquir'd Whether Civil Laws may not inhibit them the Vse of it This Author holds the Negative and tells us 1st They cannot eject them at pleasure without giving any cause thereof But he doth not pretend that the Reforming Princes ever ejected any without a Cause given And therefore he adds 2ly Neither may Princes depose them for any Cause which concerns things Spiritual but with this Limitation without the consent of the Clergy I could wish he had here told us what he ment by things Spiritual For things as well as Persons Spiritual are of great Extent d Pope Paul the 3d told the Duke of Mantua that it is the Opinion of the Doctors that Priest's Concubines are of Ecclsiastical Jurisdiction But he gives us his reason for his assertion Because it is necessary that a Judge to be a competent one have as well potestatem in causam as in Personam and the Prince as has been mention'd in the 1st Thesis has no Autority to judge such Causes purely Spiritual Now the power denied to the Prince in the 1st Thesis is to determine matters of Faith But may not the Prince judge whether an Ecclesiastick deserves Deprivation without determining a Matter of Faith May not he judge according to what has been already determin'd by the Church Or may not he appoint such Delegates as can determine matters of Faith Or are all the Causes for which a Clergy-man may be depriv'd merely Spiritual By Virtue of this Thesis he proves the Ejection of the Western Patriarch unlawful pag. 37. Now was not this Matter of Faith already determine by the Clergy Had they not unanimously decreed That he had no more Autority here then any other forreign Bishop And can the King be said here to have acted without the consent of the Clergy And yet that matter of fact is applied to this Thesis As for the Ejection of the Bishops in King Edward's time is not that confest to have been for not acknowledging the Regal Supremacy pag. 70. But this was a matter which wanted no new Determination for the Church-Autority had decided it in their Synod in King Henry's Reign But it is said the Judges were not Canonical as being the King's Commissioners part Clergy part Laity But neither was the cause purely Canonical for denying the Supremacy was not only an infringment of the Canon but also a Violation of an Act of Parliament As for the Bishops Bonner and Gardiner they were accus'd for not asserting the Civil power of the King in his Nonage Nor do they plead Conscience for not doing it but deny the Matter of Fact * Burn. His Ref. part 2. l. 1. p. 127. 165. The same Objections were then made against their Deprivation as are reassum'd by this Author now and therefore it may suffice to return the same answers That the Sentence being only of Deprivation from their Sees it was not so entirely of Ecclesiastical Censure but was of a mix'd nature so that Lay-men might joyn in it since they had taken Commissions from the King for their Bishopricks by which they held them only during the Kings pleasure they could not complain of their Deprivation which was done by the King's Autority Others who look'd farther back remembred that Constantine the Emp. had appointed Secular Men to enquire into some things objected to Bishops who were call'd Cognitores or Triers and such had examin'd the business of Coecilian Bishop of Carthage even upon an Appeal after it had been tried by several Synods and given Judgment against Donatus and his party The same Constantine had also by his Autority put Eustathius out of Antioch Athanasius out of Alexandria and Paul out of Constantinople and though the Orthodox Bishops complain'd of their particulars as done unjustly at the false suggestion of the Arrians yet they did not deny the Autority of the Emperors in such cases Ibid. p. 127. But neither is the Arch-Bishop of Canterbury by this Author allow'd to be a proper Judge that because He did not Act by his Canonical Superiority in the Church but by the Autority he joyntly with the rest receiv'd from the King As if he had ever the less the power of a Metropolitan because He was also the King's Commissioner By this way of arguing the Decrees of Oecumenical Councils will be invalid because they were call'd to determine Controversies by the command of Emperors But how Uncanonical soever King Edward's Bishops are said to have been He does not except against Queen Mary's Bishops tho' they in depriving the Reformed acted by Commission from the Queen As for the Bishops ejected in Q. Elizabeth's time it has been already said it was for a Civil cause i. e. refusing the Oath of Supremacy which why it should be lawful in her Father's time and unlawful in her's why it should be contriv'd by Roman Catholics in that Reign and scrupled by the same Roman Catholics in this Why it should be inoffensive when exprest in larger terms and scandalous when mitigated whence on a sudden the Refusers espied so much Obliquity in that Oath which they had all took before probably either as Bishops or Priests in the reigns of King Henry the 8th and Edward the 6th whence this change of things proceeded unless from secret intimations from Rome or their own Obstinacy will not easily be conjectur'd As for his Note that what is sayd of the other Clergy may be said likewise of the Patriarch for any Autority which he stands posses'd of by such Ecclesiastical Canons as cannot justly be pretended to do any wrong to the Civil Government He has been often told by our Authors that Patriarchs are an Humane Institution That as they were erected so they
Church-Government PART V. A RELATION OF THE English Reformation AND The lawfulness thereof examined by the THESES deliver'd in the Four former Parts Printed at OXFORD 1687. The CONTENTS CHAP. I. EIGHT Theses pre-posed whereby to try the lawfulness of this Reformation § 1. CHAP. II. Three Heads of this Discourse I. 1. Head How the English Clergy were first induced to acknowledge a new Regal Supremacy in Spirituals § 17. And how far only at the first they seem to have allowed it § 23. CHAP. III. II. 2. Head Concerning what Supremacy was afterward by degrees conferred on or also claimed by the Prince § 26. n. 2. 1. In the times of Henry the Eighth CHAP. IV. 2. In the times of Edward the Sixth § 38. CHAP. V. The former Supremacy disclaimed by Queen Mary and by the Bishops in her days and the Pope's Supremacy re-acknowledged § 48. And the final judgment of Ecclesiastical matters restored to the Church And the Church-doctrine under King Edward condemned § 51. That Queen Maries Clergy was a lawful Clergy That the Bishops in King Edward's days were not lawfully ejected § 54. Neither as to the Authority ejecting them Nor as to the Cause That the Bishops deprived in Queen Mary's days were lawfully ejected Both as to the Cause And as to the Judge § 64. Where Concerning the burning of those who in Queen Mary's days were by the Church condemned of Heresy § 65. And therefore others lawfully introduced in their places CHAP. VI. 3. In the times of Queen Elizabeth That as ample a Supremacy was claimed and by Parliament conferred on her as on King Henry or Edward § 70. Where Concerning certain qualifications of her Supremacy urged by the Reformed § 72. And the Replyes to them But such Supremacy not acknowledged or consented to by the Clergy § 77. CHAP. VII III. 3. Head How according to such Supremacy assumed these three Princes acted in Ecclesiastical Affairs § 78. 1. The Actings of Henry the Eighth in Ecclesiastical Affairs In the abrogating of former Ecclesiastical Laws and compiling a new body of them In putting forth a model of the Doctrine of the Christian Faith and the Six Articles § 81. Where Concerning the complaints made by Protestants of his abuse of the Supremacy In the consecrating and confirming of Bishops and Metropolitans § 86. In the putting down of Monasteries c. § 87. The pretences thereof § 89. Reflections upon these pretences § 93. In the dispensing with the former Church Canons concerning Marriages Fasts Holy days c. § 99. In the publishing and afterward prohibiting of the Scriptures in a vulgar tongue § 101. CHAP. VIII 2. The Actings of King Edward in Ecclesiastical Affairs § 104. 1. Set down first more generally In putting forth certain Injunctions and Doctrinal Homilies sending Commissions thro the Realm and ejecting the refractory Clergy c. In the prohibition of Preaching till he had setled Religion The Defence made by the Protestant Divines concerning King Edward's proceedings in matters of Religion The Reply thereto § 111. Where Concerning the Clergy's concurrence and consent to the Kings Reformations § 119. CHAP. IX 2. More particularly In sending certain Doctrinal Articles to be subscribed by the Bishop of Winchester In repealing the Six Articles passed by Synod in Henry the Eighth's time § 137. In seizing on Religious Houses and some Bishops Lands and denying the lawfulness of Monastick Vows In defacing Images In enjoyning Administration of the Communion in both kinds § 142. In suppressing the former Church-Liturgies Ordinals and other Rituals § 143. In setting up new Forms Of celebrating the Communion § 144. Of Ordination § 145. Of Common-Prayer § 146. Out of which was ejected the Sacrifice of the Mass § 147. Where 1. Concerning the alterations of the first Common-Prayer-Book of King Edward's in relation to the Sacrifice of the Eucharist 148. 2. Concerning the further alterations in the second Common-Prayer-Book in relation to the same Sacrifice § 149. 3. Concerning the reduction of some things touching this matter in the new Common-Prayer-Book prepared for Scotland to the first Form of King Edward § 150. Much complained of in Laudensium Autocatacrisis § 151. And the celebration of the Eucharist prohibited when none other to communicate with the Priest § 152. And Invocation of Saints expunged out of the Litanies § 154. And the necessity of Sacerdotal Confession relaxed § 155. CHAP. X. In setting forth a second Form of Common-Prayer than which the first was in many things much more moderate § 157. In which second Book are rectified and removed many things which gave offence in the former § 158. Among the rest Prayer for the Dead and several expressions that seemed to inferr the Real or Corporal Presence in the Eucharist § 160. Where Concerning the reduction of some things touching this Presence made in the new Liturgy for Scotland to King Edward's first Form § 161. Much complained of in Laudensium Autocatacrisis In the abrogation of several Ecclesiastical Laws concerning Fasts Celibacy of the Clergy c Lastly In the Edition of 42 Articles of Religion different from the former doctrines of the Church § 165. Where Whether these Articles were passed by any Synod CHAP. XI 3. The Actings of Queen Elizabeth in Ecclesiastical matters § 170. All the former decrees of the Clergy in King Henry and King Edward's days being reversed by the Clergy in Queen Mary's days Her calling of a Synod which declareth against the Reformation A Disputation between the Bishops and the Râ—â—â—â—med Divines § 177. The Regal Supremacy and all that King Edward had done in the Reformation now re-established by the Qu. and Parliament § 179. But not by the Clergy The ejecting of the Bishops for refusing the Oath of her Supremacy § 180. The unlawfulness of this Ejection Concerning Regal Supremacy How far it seemeth to extend § 181. How far not § 183. That Submission to the Regal Supremacy in this later kind was required from those Bishops § 184. Concerning Forreign Supremacy in Ecclesiastical Affairs how far it is to be acknowledged § 185. That the renouncing such Supremacy was required of those Bishops § 186. That so many of Queen Mary's Bishops could not be lawfully ejected on any other ground as would render the Protestant Bishops a major part § 187. CHAP. XII Concerning the defects of the Queen's Protestant Bishops remaining since King Edward's days § 190. n. 1. Concerning the defects of the new Bishops ordained in Qu. Elizabeth's days § 191. Whether their Ordination unlawful according to the Church Canons § 193. Where Concerning the Queen as Supreme in Ecclesiasticals her dispensing with the former Ecclesiastical Laws for their Ordination § 194. CHAP. XIII Digression concerning The Opinion of several Protestant Divines touching the lawfulness of the Prince's reforming of Religion in matters of Doctrine against the major part of the Clergy when to him seemeth a necessity that requireth it 196. Opinion Of Dr. Field § 197. Of Mr. Mason § 199.
them and all the causes emergent from them the Bishop is Judge of Such are causes of Faith Ministration of Sacraments and Sacramentals Subordinations of inferiour Clergy to their superiour Rites Liturgies c. As for the rights of the Secular power he layeth down this Rule p. 236 Whatsoever the Secular Tribunal did take cognizance of before it was Christian the same it takes notice of after it is Christened And these are All actions civil all publick violations of Justice all breach of Municipal laws These the Church saith he hath nothing to do with unless by the favour of Princes these be indulged to it these by their favour then indulged but not so the former Accordingly p. 239. he saith Both Prince and Bishop have indicted Synods in several ages upon the exigence of several occasions and have several powers for the engagement of clerical obedience and attendance upon such Solemnities That the Bishops jurisdiction hath a Compulsory derived from Christ only viz. Infliction of Censures by Excommunication or other minores plagae which are in order to it And that the King is supreme of the Jurisdiction viz. that part of it which is the external compulsory i. e as he saith before to superadd a temporal Penalty upon contumacy or some other way abett the censures of the Church P. 243. he saith That in those cases in which by the law of Christ Bishops may or in which they must use Excommunication no power can forbid them For what power Christ hath given them no man can take away And p. 144. That the Church may inflict her censures upon her delinquent children without asking leave that Christ is her 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for that he is her warrant and security And p. 245. That the Kings supreme regal power in causes of the Church consists in all things in which the Priestly office is not precisely by Gods law employed for regiment and cure of Souls I suppose those he named before p. 237. and in these also that all the external Compulsory and Jurisdiction as he expoundeth it before p. 239 is the Kings And lastly p. 241. he saith that the Catholick Bishops in time of the Arian Emperors made humble and fair remonstrance of the distinction of Powers and Jurisdiction that as they might not intrench upon the Royalty so neither betray the right which Christ concredited to them to the encroachment of an exteriour Jurisdiction and Power i. e the Royal. See the like expressions frequent in Bishop Bramhal Schism Guarded p. 61. All which our Kings saith he assume to themselves is the external regiment of the Church by coactive power to be exercised by persons capable of the respective branches of it i. e of that regiment and p. 63 He comments thus on the 37th Article of the Church of England You see the Power is political the Sword is political all is political Our Kings leave the power of the Keys and Jurisdiction purely Spiritual to those to whom Christ hath left it And p. 92 he saith We see the primitive Fathers did assemble Synods and make Canons before there were any Christian Emperors but they had no coactive power to compel any man against his will this therefore is the power which Christian Princes bring in to them without taking away I hope any of that power which the Church from Christ held under Heathen Princes And p. 119 We acknowledge that Bishops were always esteemed the proper Judges of the Canons both for composing of them and executing of them but with this caution that to make them laws he means such Laws for observance of which Secular coaction might be used the Confirmation of the Prince was required and to give the Bishop a coactive power to execute them the Princes grant or concession was needful Doth not this Bishop mean here that Bishops may both compose and execute Canons in the Kings dominions and use the Ecclesiastical censures by their own authority only that they can use no coaction by pecuniary or corporal punishments in the execution of them without his But see below § 22. The Bishops deprived of the former power in the Reformation See more of this § 35. N. 2. And Answer to Chalc. p. 161. he saith It is coercive and compulsory and corrobatory Power it is the application of the matter it is the regulating of the exercise of actual Ecclesiastical Jurisdiction in the external Court of the Church Why or under what pretence to prevent saith he the oppression of their Subjects and to provide for the tranquility of the Common wealth not therefore to examine what in those external Courts of the Church is passed agreeable or disagreeable to Gods word for this Princes are to learn from those Courts which belongs to Sovereign Princes Thus he Lastly see the Kings last Paper in the Isle of Wight p 3. where it is said That tho the Bishops in the times under Pagan Princes had no outward coercive power over mens persons or estates no more have they now except from and during the Princes pleasure Yet inasmuch as every Christian man when he became a member of the Church did ipso facto and by that his own voluntary Act put himself under their Government so Christian men do still Princes and all they exercised a very large power of Jurisdiction in Spiritualibus in making Ecclesiastical Canons in receiving Accusations conventing the accused examining witnesses judging of crimes against Gods law excluding such men as they found guilty of scandalous offences from the Lords Supper enjoyning Penancies upon them casting them out of the Church receiving them again upon their Repentance c. Now I subsume the same making of Ecclesiastical Canons the same Church Discipline casting out of the Church or Excommunication c. they are and must be allowed still in Christian States being things which as Bishop Carleton saith Princes can neither give to nor take from the Church And therefore they must be allowed still all those means absolutely sine-quibus non such things can be done and these are means absolutely necessary Convening for the making of Canons Knowing the Fact for Excommunication therefore in case the Christian Prince will not call them they may assemble themselves when the Church's necessities require such Canons and when the Christian Secular Courts will not they may examine the Facts of those who are accused to them of Delinquency but this in order to Church punishments only When ever the Christian Prince or State is to them as a Heathen in his withdrawing and prohibiting these necessary things then may they behave themselves as formerly in Heathenism i. e do these things without their leave against their prohibitions All the Plea that a Secular State subjecting it self to the Church can make for medling in such Spiritual affairs seems to be this that the Church shall not be troubled now as formerly to do all because the State with its more awing power will do something for it Which
he discovered the King's Affections settled on Anne Bullen one inclined to Lutheranisme See Fox p. 988. 1036. he proves averse now to what he had formerly advanced and delays the decision of the Divorce so long till at last the Pope moved thereto by the Emperor Nephew to Queen Katherine did upon her appeal revoke the cause to Rome and inhibited the Legats Proceedings 'T is said also that some others of the chief of the English Clergy See Fox p. 96. and 962. Edit 1610. whether it were conscientiously or out of the same dis-affection of their's to Anne Bullen I cannot tell much disliked the same Divorce § 18 The King for this much displeased with both Cardinal and Clergy first accuseth the Cardinal to have incurred a Premunire for having exercised his Legantine Office in his Dominions without the Kings Licence contrary to a Statute made in the days of King Richard the Second Yet had the King formerly been pleased to appear before him in Court as the Popes Legate and his delegated Judge together with Campegius in the Cause of the Kings Divorce Upon this he is condemned See Godw. Annal. An. Reg. Henr. 21. and all his Estate seized on by the King Tho the Cardinal pleaded That it was well known to his Majesty that he would not presume to execute his power Legantine before the King had been pleased to ratify it with his Royal Assent given under his Seal which notwithstanding he could not produce that and all his Goods being taken from him See Godwin's Annals p. 107. who also p. 119. saith See Godw. Annal. p. 107 and p. 119. that it was certain that Wolsey was Licensed to exercise his Authority Legantine § 19 After this fall of Wolsey Next a Bill was given up in the Parliament held 1530. and the Summe demanded from the Clergy as conspiring with the Cardinal of an 100000 l. Charges that the King had been put to to obtain so many Instruments from Forreign Universities which had decided this matter From which Universities the King is said to have procured their Suffrages for his Divorce not without seeing several of them with great Summs of Money Concerning which see the Testimonies of several Authors produced by Sanders p. 49. c. Some of those he quotes saying that they had Money offered to themselves some that they were Eye-witnesses of it received by others Tho with your leave to make here a little digression touching this Controversy these Universities at least some of them considered only the point of the unlawfulness of one marrying his Brothers Wife when such former Marriage was consummate by carnal knowing of her See the Determinations of Paris and others in Hollinsh p. 924. putting in the Clause so that the Marriage be consummate Without considering that circumstance whether Katherine was carnally known by her first Husband which was denied by the Queen and her Advocates Prince Arthur being thought somewhat infirm and being but Fifteen years old when he Married her and dying shortly after You may see if you have the curiosity what is said for the consummation of that Marriage in Fox Mon. p. 958. Edit 1610. against it in Sanders de Schism Ang l. 1. l. p. 40. Yet tho the former Marriage had been consummate many Learned Men of that Age of several Nations amongst whom were Fisher Bishop of Rochester and Tonstall Bishop of Duresme whom you may find diligently reckoned up to the number of almost Twenty by Sanders de Schism Angli 1. l. p. 42. 53 54. writ Books in Justification that the Marriage of Henry with Katherine was a matter dispensable For tho this was agreed on all sides That Papa non habet potestatem dispensandi in impediment is jure divino naturali conjugium dirimentibus sed in iis quae jure Canonico tantum dirimunt Yet some of these Authors held first that all the Impediments named in the Mosaical Law were not dirimentia conjugium jure divino naturali which only now oblige Christians and then secondly that in matter of Affinity only primus gradus rectae lineae as between Father and his Sons Wife and not primus gradus lineae collateralis or transversae as between the Brother and his Brothers Wife was such an Impediment as did dirimere conjugium jure divino naturali and indispensably Others gathered the Law in Levit. 18.16 dispensable in some cases from the express dispensation made therein Deut. 25.5 Now the preservation of Peace between the two Kingdomes of England and Spain is a motive for such dispensation much more considerable than that mentioned in Deut. the preservation of the name and honor of the deceased See Card. Cajetan de Conjug Reg. Angl. 6. c. And for the general judgment of the Learned in this matter and particularly of the Universities after you have read the Story in Sanders p. 49 50 51. concerning them and especially concerning Oxford as likewise what is said by Lord Herbert Hist Hen. 8. p. 324 325. See what the Act of Parliament 1. Mar. 1. c. saith of them viz. That this Marriage betwixt Henry and Katherine was solemnized by the deliberate and mature consideration and consent of the best and most notable men in Learning in those days of Christendome That the perverse affections of some a very few persons for their own singular glory and vain reputation pretended the same Marriage to be against the word of God and to this intent caused the Seals as well of certain Universities in Italy and France to be gotten as it were for a testimony by the corruption with Money of a few light persons Scholars of the said Universities as also the Seals of the Universities of this Realm to be obtained by sinister working secret threatnings c. And that Arch-Bishop Cranmer in giving Sentence that the said Matrimony was unlawful took his Foundation partly upon his own unadvised judgment of the Scripture joyning therewith the pretended testimonies of the said Universities and partly upon bare and most untrue conjectures i. e concerning the consummation of the former Marriage of Katherine with Arthur And see what Lord Hâ—rbert delivers of the hesitancy of the German Protestant Divines being several times and that long after the Divorce made requested thereto by King Henry to declare the Divorce lawful p. 448. and 379. where he saith That for the Approbation of the Divorce proposed to the German Divines Luther Justus Jonas Philip Melancthon and others they delayed to approve it and the King was judiciously advised by his Agents from thence not to require any thing of them which would be too hard to grant I have made this Digression to shew you the diversity of opinions which was in this difficult matter that you may see the Pope stood not alone in his judgment and how the several interests of several times justified and condemned the same thing Now to return to our matter in hand § 19 The foresaid Summe of 100000 l. spent
upon the Universities abroad was demanded by the Parliament from the Clergy at home because it was said that the Cardinal and some other chief amongst them were thro their falshood and dissimulation the cause of this Forreign Expence Which Summe they resolutely refusing to contribute the whole Clergy are sued by the King and condemned by the Kings Bench in a Premunire also for receiving and acknowledging the Cardinals Power Legantine exercised by him ignorantly or presumptuously without the Kings consent and allowance first obtained The Clergy thus become liable at the Kings pleasure to the Imprisonment of their Persons and confiscation of their Estates assemble themselves in the House of Convocation offer to pay for their Ransome the demanded 100000 l. § 20 But the King having now no hopes of obtaining a Licence for his Divorce from the Pope who at this time stood much in awe of the Emperor victorious in Italy and a near Kinsman and Favourer of Queen Katherine that the Popes Decrees might be of no force against him negociates also by his Agents with the Clergy whilst in these fears to give him the Title of Supremacy in Ecclesiastical matters within his Dominions making account that this obtained he had the assent of his own Clergy at his beck for the nulling of his former Marriage Therefore in the drawing up of the Clergy's Petition to the King for release of the Premunire it was signified from the Court cujus consilii Cranmerus Cromwellus clam authores fuisse existimabantur saith the Author Antiq. Brittanic p. 325. that a Title should be prefixed wherein they should stile the King ecclesiae cleri Anglicani Protector supremum Caput or else the Petition would not be accepted To which with some difficulty they agreed so as qualifying it with this Clause Quantum per legem Christi licet But the King again excepting at this limitation as unworthy the Clergy who either did or ought to know and definitively instruct others what Christs Law did or did not allow at last upon renewed threats this Clause also was procured to be omitted See Antiquit. Brittannic p. 326. Sed Regi saith that Author displicuit ancipitem dubiamque mitigationem moderationem verborum a cleri sui Synodo quae de Christi lege aut certa fuit aut certa esse debuit tam frigide proferri Itaque Cromwellum ad Synodum iterum mandans eam aut tolli voluit aut clerum incursas Sanctionum paenas pati Omnium igitur ex sententiis Rex sine ambiguitate ullâ ecclesiae Angliae supremum caput declaratus est But yet this was not done till after the Clergy who much alledged that the King or some of his Successors might upon this Title ruine the Church of England in their ordering Spiritual matters without or against the Clergy thereof had obtained a voluntary promise from him to this effect That he would never by vertue of that Grant assume to himself any more power over the Clergy than all others the Kings of England had assumed nor that he would do any thing without them in altering ordering or judging in any Spiritual matters See Bishop Fisher's Life published by Dr. Bayly And this was the first Act of the Clergy which being so understood as excluding all authority of the Western Patriarch over the Church of England and transferring such authority for the future to the King is contrary to the Fourth Thesis because some such authority was conferred on this Patriarch by Superior Councils And which Act was so passed by them that as Dr. Hammond acknowledged of Schism 7. c. it is easy to believe See Church Gov. 1. Part §. 4. and §. 20. that nothing but the apprehensions of dangers which hung over them by a Premunire incurred by them could probably have inclined them to it § 22 After the conceding of this Title of Supremacy to the King and exclusion of the Pope's Authority out of his Dominions and the voiding of all appeals made hence unto him and after the Kings Marriage to Anne Bullen also but before the publication thereof Cranmer being now chosen Arch-Bishop of Canterbury upon the death of Warham a Favourer of the Queen Katherine's Cause Summons her to appear before him and some other Bishops and Commissioners and upon her neglect solemnly dissolveth the Kings former Marriage with her and divorceth him from her § 23 But the Kings ends thus obtained yet things rested not here And how far only at the first they seem to have allowed it But whereas formerly till the Twenty fifth year of Henry the Eighth the Synods of the Clergy saith Dr. Heylin § 1. p 7. after called by the Kings Writ acted absolutely in their Convocations of their own authority the Kings or Parliaments assent or ratification neither concurring nor required and whereas by this sole authority which they had in themselves they made Canons declared Heresies convicted and censured persons suspected of Heresy c Now they having declared the King supream Head of the Church instead of the Pope the Western Patriarch it seemed reasonable therefore that no Acts of the Church should stand good without the concurrence of the Head And conducing much to this end as I learn from the forenamed Dr was a Petition or Remonstrance exhibited to the King by the House of Commons after the Ice was broken A. 1532. See Fullâ—rs Appeal of Injur'd Innocence Pa. 2. p. 65. In which saith he they desiring that the Convocation should be brought down to the same level with the Houses of Parliament and that their Acts and Constitutions should not bind their Subjects as before in their Goods and Possessions until they were confirmed and ratified by the Regal power they shewed themselves aggrieved that the Clergy of this Realm should act authoritatively and supreamly in the Convocation and they in Parliament do nothing but as it was confirmed and ratified by Royal assent An Answer unto which Remonstrance saith he was drawn up by Dr. Gardiner then newly made Bishop of Winchester and being allowed of by both Houses of Convocation was by them presented to the King But the King not satisfied with this Answer resolved to bring them to his bent and therefore on the Tenth of May sent a Paper to them by Dr. Foxe after Bishop of Hereford in which it was peremptorily required that no Constitution or Ordinance shall be hereafter by the Clergy Enacted promulged or put in execution unless the Kings Highness do approve the same and his advice and favour be also interponed for the execution c. Whereupon on the Fifteenth of the same Month they made their absolute submission So He. And thus the next step therefore of this Reformation was that the King so requiring it they bound themselves by a Synodical Act for the time to come not to assemble themselves at all without the Kings Writ and when assembled not to enact promulge or execute any Canons Constitutions Ordinances Provincial or
prejudicial to the Temporal and Civil Rights and Emoluments and Priviledges of the Prince and of his Subjects that the Mitre might not encroach upon the Crown both which have their certain limits of Jurisdiction and may do wrong one to the other Such authority as this then in Church-matters you may find exercised by former Princes of England or perhaps some other power used by them against the Church and defended by the common Lawyers of those days more than is justifiable But on the other side I think you will not find either assumed by the Prince or allowed to him by any Statutes before the times of Henry the Eighth such Powers in Ecclesiastical matters as some of these following Namely A Power to correct and reform all Errors and Heresies in Religion by such persons as the Prince shall appoint to judge thereof half of them being Laicks repealing also the former course of tryal of them by the ordinary Church-Magistrates as you may see below § 39. A Power to make and reverse Ecclesiastical Laws alter the Church Liturgies publick Forms of administring the Sacraments Ordinals c without the consent of the major part of the Clergy or any lawful Church Authority A Power to hinder and prohibits the Clergy that they may correct or reform any such Heresies or may make or publish any such Ecclesiastical Decrees or Laws within the Kings Dominions without his consent thereto first obtained Without his Consent not to examine whether such their Constitutions might be any way prejudicial to the State Temporal for this were but meet and just but whether such be agreeable or repugnant to Gods Word and dangerous to the Peoples Salvation and Spiritual State A Power thus in all Causes Ecclesiastical Licences Faculties Dispensations to be the final Judge by himself or by his Court of Chancery or by some other Deputies whom he pleaseth to choose to whom Appeal may be made concerning what is agreeable or what repugnant to the Holy Scripture A Power to restrain all Forreign Appeals and Censures from thence not only in all Cases mixt with the Interests of the Temporal Government but also in all matters meerly Spiritual and of Ecclesiastical Cognizance A Power to prohibit or reverse any Ecclesiastical Constitutions of Councils Patriarchal or General tho in things wherein Temporal Regalities or Prerogatives or the Temporal safety and peace of the people is not concerned but as I said upon pretence of their being conceived to contain something repugnant to Gods Law A Power to hinder that no Ecclesiastical Governors may call any Synod or Assembly within his Dominions nor exercise in foro externo any Ecclesiastical Censures without his consent A Power to command such persons to be induced and instituted in Ecclesiastical Benefices and Dignities whom the lawful Ecclesiastical Power refuseth as Unorthodox or Uncanonical See Schism Guardâ—d p. 61.161 Vindic. p. 268. Lastly A Coactive Power in foro externo so far extended as that it leaves for the Clergy as independently belonging to them only an Internal Power or Jurisdiction in the Court of Conscience or an Habitual Power of Preaching Administring the Sacraments exercising the power of the Keys in foro conscientiae ordaining and degrading Ecclesiasticks but without any Liberty actually or lawfully to exercise the same in any Princes Dominions if he denyeth it without any Power allowed to the Clergy to summon Offenders in foro externo and to punish them with the Spiritual Sword either for their convicted crimes or for non-appearance and this whether Secular Princes either favour or oppose without any Power to call or keep any publick Assemblies for publick Worship for decision of Controversies in Religion for making Church Laws i. e such as prejudice no Temporal Rights and publishing and imposing the same Determinations and Canons upon Ecclesiastical Censures upon the Church's Subjects in the several Dominions of Princes whether they consent or resist Without any Power of their electing and ordaining future Clergy in the several Dominions of Princes Christian as well as others whenever these Princes shall propose or assent to the admission of no such persons as they I mean the lawful Church Authority shall judge Orthodox and capable Such Powers are not mentioned at least clearly by Bishop Bramhal to belong to the Clergy but seem to be swallowed in the Coactive Power of the Prince Such Powers were in the possession of the Church independently on Princes for the first Three Hundred Years Such Powers being translated to the Secular Governors when Christian do arm them when Christians Heretical to change and overturn the Church in their Dominions as they please whilst the Clergy ought not to contradict Such Powers are said to belong to the Prince since the Reformation and indeed without these the Reformation could not well have been effected and I think are given to them in the fore-quoted Statutes If these Powers are said not to belong to these Princes let them name which of these are not But Lastly such Powers cannot be shewed to have been given or been due to our Kings by the former Laws unless we will believe that the Laws of the Land then contradicted that Obedience which those Princes yielded to the Church or that those Princes even when most fallen out with the Church would voluntarily forego so many of their rights Thus much to the first Defence used by Bishop Bramh. §. 35. n. 3. That Henry the Eighth's Statutes were only declarative of the former Laws For the second thing said by him That King Henry the Eighth by these Statutes claimed only an External Coactive Power in Causes Ecclesiastical in foro contentioso if by External Coactive Power he meaneth the exercising of all those Powers which I have but now named with Coaction and the Material Sword then the Secular Prince seems to assume and exercise several of those Powers which are only the Churches rights But if by Coactive Power he meaneth only the Kings calling of the Clergy together to consult of Church Affairs and his assisting with the Secular Sword their Constitutions and Decrees and making their Laws his own by Temporal Mulcts and Penalties and compelling particular Clergy as well as Laity to do that which the Church declares to be their duty compelling I say with outward force for herein the Bishop seemeth to place the Kings Power in Spiritual matters See Schism Guarded p. 93. How can the Pope saith he pretend to any Coactive power in England where the Power of the Militia and all Coactive force is legally invested in the King And p. 92. The Primitive Fathers did assemble Synods and make Canons c But they had no Coactive Power to compel any man against his Will the uttermost they could do was to separate him from their Communion And p. 166 Who can summon another mans Subjects to appear where they please and imprison and punish them for not appearing without his leave Likewise p. 168. and compare them with his former
Saying p. 92. If thus the Bishop will have Secular Princes to have nothing to do in the making or hindring any Decrees or Laws of the Church-men in matters meerly Spiritual but only to have such a sole dominion over the Secular Sword as that none can use it but he or by his leave in the execution of such Laws all is well but then the former-quoted Statutes of Henry the Eighth shew much more Power challenged than the Bishop alloweth This in Answer to the Bishop Secondly If it be further said here touching that particular Statute of much concernment 26. Hen. 8.1 c. quoted before § 26 and § 25. Namely §. 35. n. 4. 1 That the King shall have full power from time to time to visit repress reform all such Errors and Heresies as by any manner of Spritual Authority c lawfully may be reformed c. See §. 25. If it be said here that the King hath only this power therein ascribed to him to redress and reform the Errors and Heresies which are declared such by the Church by former Councils or by the Synods of his Clergy but that he hath no power given him to judge or declare what is Error or Heresy 1. First thus then he hath not all the power given him which by any manner of Spiritual Authority or Jurisdiction may be exercised as it follows in that Act because there is a Spiritual Authority also that may declare new Errors and Heresies or that may reform such Errors as have not been by Synods formerly declared such and it seems this He hath not Secondly Thus the Clause ending the Act any Custome Forreign Laws Prescription c notwithstanding is utterly useless because no Forreign Laws or Prescriptions deny this Authority to Kings to reform Errors c in their Dominions so that they still confine themselves to the precedent Judgments of the Church Thirdly In the Act fore-quoted 25. Hen. 8.19 c. 'T is granted to his Highness and Thirty Two Commissioners elected by him to annul and make invalid what former Synodal Canons they think not to stand with the Laws of God therefore they have power to judge which Canons are such and to reform them i. e to teach and declare the contrary truths to them when thought by them Errors against the judgment of former Synods and without the judgment of a new Synod and what is this but to judge and pronounce de novo what is Error and Heresy Enormity Abuse c Fourthly Lastly how comes the King or his Commissioners to be made the ultimate judge See before § 31.25 Hen. 8.19 c. in all Appeals touching Divine matters if he or they cannot judge in these what is Error Since some Causes and Controversies may haply come before him not determined by former Councils And for the Errors he reforms if he is still to follow the judgment of his Clergy what are such Errors how are there in these things Appeals admitted to him from the judgments of his Clergy § 36 This said to remove the mis-interpretation of that Act I will add to these Acts of Parliament which I have been reciting to you from § 26. those words in the Kings last Speech which he made in Parliament not long before his death reprehending his Subjects for their great dissension in Opinion and Doctrine If you know surely saith he that a Bishop or Preacher erreth or teacheth perverse Doctrine Lord. Herb. Hist p. 536. come and declare it to some of our Council or to us to whom is committed by God the high authority to reform and order such causes and behaviours and be not Judges your selves of your fantastical Opinions and vain Expositions Here making his Council or himself Judge of the Bishops Doctrines And those words in King Henry the Eighth's Proclamation 1543. made for the eating of White-Meats Milk Butter Eggs heese in Lent where he saith That the meer positive Laws of the Church may be upon considerations and grounds altered and dispensed with by the publick authority of Kings and Princes In Fox pag. 1104. whensoever they shall perceive the same to tend to the hurt and damage of their people Vnless perhaps he restrain damage here to Civil Affairs Contrary to the Eighth Thesis And those words in Cromwell's Speech when he presided as the Kings Vicar-General over the Clergy assembled to state something in Controversies of Faith then agitated betwixt the Roman Church and Lutherans who told them That His Majesty would not suffer the Scripture to be wrested and defaced by any Glosses Fox p. 1078. any Papistical Laws or by any Authority of Doctors or Councils By which if this be meant that we are not obliged to embrace the Doctrine of Scriptures according to those Determinations and Expositions which lawful Councils have made of them it is contrary to the Fourth and Seventh Thesis and overthrows the Government of the Church See the same thing said on the Kings behalf by the Bishop of Hereford against other Bishops urging the Doctors of the Church Fox p. 1079. I will conclude with what Bishop Carleton in Jurisdict Regal and Episcopal Epist dedicat § 37 And Calvin upon those Words in Amos 7.13 Prophecy not any more at Bethel for it is the Kings Court say of these times Bishop Carleton relateth out of Calvin That Stephen Gardiner Bishop of Winchester being at Ratisbon in Germany upon the Kings Affairs and there taking occasion to declare the meaning of that Title Supreme Head of the Church given to Henry the Eighth taught that the King had such a power that he might appoint and prescribe new Ordinances of the Church even matters concerning Faith and Doctrine and abolish old As Namely ' That the King might forbid the Marriage of Priests and might take away the use of the Cup in the Sacrament of the Lords Supper and in such things might appoint what he list And there likewise Bishop Carleton confesseth That when Henry the Eighth took this Title of Supreme Head c tho the sounder and more judicious part of the Church then understood the words of that Title so as that no offence might justly rise by it I suppose he means in that sense as himself takes it which is For the King to have a Jurisdiction Coactive in External Courts binding and compelling men by force of Law and other External Mulcts and Punishments to what the â—hurch in Spiritual matters defines For this Bishop saith that the Church is the only Judge of such matters See before p. 4. and in his whole Book written purposely on this Subject I do not find that he gives the King any Coactive Authority in Spiritual matters against any definition of the Church Yet saith he they that were suddenly brought from their old Opinions of Popery not to the love of the Truth but to the observance of the Kings Religion received a gross and impure sense of these words But this gross sense is such as Bishop Gardiner
Ministers only his Ecclesiastical Sheriffs to execute his Mandates And of this Act such use was made tho possibly beyond the true intention of it that the Bishops of those times were not in a capacity of conferring Orders but as they were thereunto impowered by especial Licence Where he quoteth out of Sanders what is set down below § 145. Which saith he being looked on by Queen Mary not only as a dangerous diminution of the Episcopal Power but as an odious innovation in the Church of Christ She caused this Act to be repealed leaving the Bishops to depend on their former i. e Divine Institution and to act in all things which belonged to their Jurisdiction in their own Names and under their own Seals as in former times In which Estate they have continued without any legal interruption from that time to this Thus He. Now to go on Consequently we find in 2. Edw 6.1 c. the King and Parliament authorizing Arch-Bishops Bishops c. by vertue of their Act to take Informations concerning the not using of the Form of Common-Prayer c therein prescribed and to punish the same by Excommunication c. And in Stat. 5 6. Edw. 6.1 c. it is Enacted likewise concerning the same Common-Prayer Book Established by Parliament That all Arch-Bishops Bishops c shall have full power and authority by this Act to correct and punish by Censures of the Church all persons who shall offend against this Act and Statute Which Clause by vertue of this Act and the like implies that the Bishops might not excommunicate and use the Church Censures for that matter without the King and Parliament's Licence or ought to excommunicate in all matters wherein the King and Parliament command it Whereby we may understand more clearly the meaning of that Act forementioned p. 44. § 26. 26. Hen. 8.1 c. and that 1. Eliz. 1. c. That the Spiritual Jurisdiction there ascribed to the King or Queen involves the Jurisdiction of Excommunication as well as others not for the King to exercise this himself but to appoint when and in what matters the Clergy within his Realm shall execute or not execute it so that they derive the power of exercising of this Ecclesiastical Censure in his Dominions also from the King contrary to the Second and Third Thesis And indeed if the Clergy may not make nor enjoyn any new or old Spiritual Laws may not correct what they judge Heresies Errors Vices c without the Kings consent had thereto See the Acts set down before § 31 32 33 c. it is but reasonable that they should not excommunicate his Subjects without his consent for not obeying such Laws or for being thought guilty of such Crimes And this is the reason I suppose of Dr. Heylins Observation Hist of Reform p. 94. That in those times the Wings of Episcopal Authority were so clipped that it was scarce able to fly abroad the Sentence of Excommunication wherewith the Bishops formerly kept in awe both Priest and People not having been in use and practice from the first of King Edward and of that Suit of Latimer to the King in his Sermon before him quoted ibid That the Discipline of Christ in the Excommunication of open Sinners might be restored and brought into the Church of England § 41 Consequently in the Act of Parliament 3 and 4. Edw. 6.11 c. We find the Kings Power in Spirituals delegated to Thirty Two Persons half Seculars to be nominated by him as was done in Henry the Eighth's days in 35. Hen. 8.16 c. 27. Hen. 8.15 c. 25.19 c. who are authorized to reform the former Laws of the Church and these reformed Laws only established by a major part of them and published by the Kings Proclamation thence forward to stand in force The Statute runs thus Albeit the Kings Majesty ought most justly to have the Government of his Subjects and the Determinations of their Causes as well Ecclesiastical as Temporal therefore you see the Statutes concerning the Bishops determining Ecclesiastical Causes repealed in Statute 1. Edw. 6.12 c. above-mentioned yet the same as concerning Ecclesiastical Causes having not of long time been put in ure nor exercised by reason of the usurped Authority of the Bishop of Rome is not perfectly understood nor known of his Subjects and therefore may it please his Highness that it may be Enacted c that the Kings Majesty shall from henceforth during Three years have full power to nominate and assign by the advice of his Council Sixteen persons of the Clergy whereof Four to be Bishops and Sixteen of the Temporalty whereof Four to be learned in the Common Laws of this Realm to peruse and examine the Ecclesiastical Laws of long time here used and to gather order and compile such Laws Ecclesiastical as shall be thought to his Majesty his said Council and them or the more part of them convenient to be used practiced or set forth within this his Realm in all Spiritual and Ecclesiastical Courts and Conventions And that such Laws compiled by the said Thirty Two Persons or the more number of them and set forth by the Kings Majesties Proclamations shall by vertue of this present Act be only taken and put in ure for the Kings Ecclesiastical Laws of this Realm and no other Any Law Statute or Prescription to the contrary hereof notwithstanding § 42 Again we find in the same Act Six Prelates and Six others such as the King should nominate delegated by the same authority to make a new Form of Consecration of Bishops and Priests and this devised by them and set forth under the Great Seal to be used and none other The words are these Forasmuch as that concord and unity may be had within the Kings Majesties dominions some it seems then devising to themselves new Forms of Consecration and Ordination cut of dislike of the Superstitions of the old it is requisite to have one uniform manner for making and consecrating of Bishops and Priests be it therefore Enacted that such Form as by Six Prelates and Six other Men of this Realm Learned in Gods Law by the King to be appointed or by the most Number of them shall be devised for that purpose and set forth under the Great Seal shall by vertue of this present Act be lawfully used and none other any Law Statute or Prescription to the contrary hereof notwithstanding Here the King and Parliament assume power to abrogate the former common Rituals of the Church and by their Delegates to constitute and by their sole Act to authorize new without any consent and ratification given thereto by any Ecclesiastical Synod And in this new Book of Ordination was inserted this Oath of the Kings Supremacy and renunciation of all Jurisdiction of the Bishop of Rome to be taken by every one entring into Holy Orders I from henceforth shall utterly renounce and forsake the Bishop of Rome and his Authority Power and Jurisdiction And I shall never consent nor
a Lay Vicar-General and p. 20 That the Power and Reputation of the Clergy was under foot and therefore the Authority of Parliament of more use than afterward in times well ballanced and established meaning those following times wherein the Clergy were now changed and fashioned to the inclinations of the Prince And as for these days of King Edward what Authority concerning Spiritual matters not only the people but the new Divines of Edward acknowledged and enstated in the King and Parliament may appear from that Letter of Bishop Hooper when in Prison sent to the Synod called in the beginning of Queen Mary Episcopis Decanis wherein he cites them before the High Court of Parliament â—ox p. 1933. as the competent Judge in those Controversies i. e for so far as any man can be Judge In this Letter after having urged Deut. 17.8 because of the mention made there of a Judge besides the Priest Voâ— omnes saith he obtestor ut causam hanc vel aliam quamcunqne ob religionem ortam inter nos vos deferre dignemini ad supremam Curiam Parliamenti ut ibi utraque pars coram sacro excelso senatu sese religiosè animo submisso judicio authoritati Verbi Dei subjiciat Vestra ipsorum causa certè postulat ut palam e. c lites inter nos componantur idque coram competenti judice Quid hoc est igitur Quo jure contenditis Vultis nostri causae nostrae testes accusatores judices esse Nos tantùm legem evangelium Dei in causà religionis judicem competentem agnoscimus Illius judicio stet vel cadat nostra causa Tantum iterum atque iterum petimus ut coram competenti judice detur nobis amicum Christianumque auditorium Non vos fugit quomodo publicè palam in facie ac in presentiâ omnium statuum hujus regni in summâ curià Parliamenti veritas verbi Dei per fidos doctos pios ministros de vestrâ impiâ Missâ gloriosè victoriam reportavit Quae quocunque titulo tempore universalitate splenduit ubi per Sanctissimum Regem Edvardum 6. ad vivum lapidem Lydium verbi Dei examinari per proceres heroas ac doctos hujus regni erat mandatum statim evanuit c. Here that Bishop professeth when any do oppose a Synod in a Cause of Religion not the Synod but the Parliament the competent Judge therein and urgeth if I rightly understand him the just Authority thereof in King Edward's time for putting down the Mass Will he then stand to the Parliaments judgment which as it was then affected would have cast him It seemeth Not by that he faith Tantum legem Dei in causâ religionis judicem competentem agnoscimus Illius judicio stet vel cadat causa nostra By whose mouth then shall the Scripture decide it that Sentence may be executed accordingly on him a Prisoner for this Controversy By the Clergy's No. By the Parliament's No for he makes sure to wave that in his Letter By the Scripture then its self But this is urged by both sides to speak for them and saith not one word more after the Cause heard by the Parliament than it did before So that in nominating no other final Judge the Bishops Request here in summe is that his Cause may never be tryed by any Judge CHAP. V. King Edward's Supremacy disclaimed by Qu. Mary § 48 AFter King Edward's Death in the beginning of Queen Mary's Reign a Princess otherwise principled The former Supremacy Disclaimed by Q. Mary and by the Bishops in her days and the Popes Supremacy re-acknowledged all that had been done in the Two former Kings Reigns by Prince by State or by Clergy in setting up a new Lay-Supremacy in Spirituals in restraining the former Power and Supremacy of the Church in innovating the Forms of Divine Service and Administration of the Sacraments of Ordination of Church Rites and Discipline and Jurisdiction in disannulling several former Ecclesiastical Canons and Constitutions and composing new ones All was now by an equal Authority of Prince Clergy and State reversed repealed ejected and Religion only rendred much poorer as for Temporals put into the same course which it had in the twentieth Year of Henry the Eighth before a new Wife or a new Title was by him thought on So that any new Reformation to come afterward must begin to build clearly upon a new Foundation not able to make any use of the Authority of the former Structure being now by the like Authority defaced and thrown down § 49 This Restitution of things made in Queen Mary's days will chiefly appear to you in the Statute 1. Mar. 2. chap where the ancient Form of Divine Service c used in Henry the Eighths days is restored as being the Service saith the Act which we and our Fore-fathers found in this Church of England left unto us by the Authority of the Catholick Church And the final judgment of Ecclesiastical matters restored to the Church and several Acts of Henry the Eighth and Edward the Sixth that abrogated some former Ecclesiastical Laws c or introduced new Forms of Divine Service of Election and Ordination of Bishops and Priests are repealed And in 1 and 2. Mar. 6. chap. where the ancient way of judging Heresies and Hereticks first at the Tribunals of the Church is set on foot again and the Statutes to this purpose which were repealed upon the coming in of a new Supremacy are revived § 50 And in 1 and 2. Mar. 8. c where the Pope's Supremacy is re-acknowledged when also as Fox observes p. 1296. the Queen's Stile concerning Supremacy was changed and in it Ecclesiae Anglicanae Supremum Caput omitted as also Bonner Bishop of London being Chief of the Province of Canterbury in the Restraint of the Arch-Bishop did omit in his Writs to the Clergy Authoritate Illustrissimae c legitime suffulttus In which Statute also the whole Nation by their Representative in Parliament ask pardon and absolution from their former Schism repealing the Oath of the Kings Supremacy and all the Acts made formerly in Henry the Eighth and Edward the Sixth's time against the Popes Supremacy and amongst them particularly this Act of the Submission of the Clergy set down before § 22. and § 23 whereby the Clergy had engaged themselves to make nor promulge no Ecclesiastical Canons without the Kings consent and bad also besought the King to delegate some persons whom he pleased to reform Errors Heresies c i e. to do the Offices of the Clergy In which Statute also the Clergy in a distinct Supplication beginning Nos Episcopi Clerus Cantuariensis Provinciae in hac Synodo congregati c calling the former Reformation perniciosum Schisma do petition to have the Church restored to her former Rights Jurisdictions Liberties taken from her by the injustice of former times The words are Insuper Majestatibus vestris supplicamus
just Authority of Queen Mary's Clergy Reply to α notwithstanding what hath been objected you must First 1. take notice That the Ejection of Bishops in Queen Mary's days was not the First but Second Ejection the first being made in King Edward's time when Gardiner Bonner Tonstal Day Heath Vesy That the Bishops in K Edward's days were not lawfully ejected and probably some other Bishops were removed from their Sees for I find not the Ecclesiastical History of those times accurately written by any nor Mr. Fox to use the same diligence in numbring the Change of Clergy under King Edward as he doth that under Queen Mary yet something may be conjectured from those general words of his p. 1180 For the most part the Bishops were changed and the dumb Prelate compelled to give place to others that would Preach Secondly That if the Ejection of Bishops in King Edward's time was not lawful so many of the Bishops as were then ejected were by Queen Mary justly restored and those who were introduced into their places justly excluded Thirdly That to prove the Ejection of those Bishops under King Edward lawful it must be done both by a lawful Authority and for a lawful Cause Fourthly But that in both these respects their Ejection if the Principles formerly laid in this Discourse stand good appears not just § 55 For 1. First these Bishops being questioned about matters Ecclesiastical and Spiritual 1. Neither for the Judge their Judges were the Kings Privy Council or his Commissioners part Clergy part Laity as the King pleased to nominate them contrary to Third Thesis Amongst whom tho the Arch-Bishop of Canterbury was one yet he was so not for his Canonical Superiority in the Church but from the Authority he jointly with the rest received from the King when the former Statutes concerning the Tryal of Hereticks by the Clergy See Fox p. 1237 and p 1202. had been first abrogated See before § 39 whereas the Clergy only are the lawful Judges of these matters namely to declare what is done contrary to the Laws of God and of the Church and to depose from the exercise of their Office the persons found faulty therein See Thesis Third § 56 Secondly The Causes Ecclesiastical urged against them for which they were removed from their Bishopricks were these 2. Nor for the Cause their non-acknowledgment of such a large extended Power of the Kings Supremacy as he then claimed and exercised in Ecclesiastical matters their non-conformity to the Kings Injunctions confirmed if you will with the consent of the National Synod of the Clergy in Spiritual matters And amongst these especially their not relinquishing the usage of the former Church Liturgies and Forms of Divine Service and particularly the Canon of the Mass which had been a Service approved by the general Practice of the Church Catholick for near a 1000 Years in which were now said to be many Errors See Church Gâ—v 4. 〈◊〉 §. 39. for which it might not be lawfully used their not using and conforming to the new Form of Common-Prayer and Administration of the Sacraments the new Form of Consecration and Ordination of Priests and many other clear Innovations against the former not only Ecclesiastical Constitutions or External Rites and Ceremonies which it was affirmed in one of the Questions disputed on in the first Year of Queen Elizabeth that every particular Church hath Authority to take away and change but also Ecclesiastical Doctrines established by Synods superiour to that of this Nation as hath been shewed in the Fourth Part of Church Govern A Catalogue of which Doctrines and Canons I have set down before § 45 having taken them out of the Three Copies of Articles proposed to the then Bishop of Winchester See Fox p. 1234 1235. to be subscribed Now such Canons whether concerning matters of Doctrine or of Ecclesiastical Constitution cannot be lawfully abrogated neither by the King See Thesis 1 2.7 8 nor by the National Synods of this Church See Thesis 4.8 and therefore the Ejection of those Bishops in Edward the Sixth's days for not obeying the King I add or the National Synod had there been any such before their Ejection in breaking such Canons was unjust and therefore they justly by Queen Mary restored and the others that were found in their places justly dispossessed Fifthly As for the rest of King Edward's Bishops who besides those Bishops that possessed these non-vacant Sees were ejected in Queen Mary's days § 57 5. That the Bishops deprived in Qu. Mary's days were lawfully ejected their Ejection contrary to the other will be justifiable if done for a lawful Cause and by a lawful Judge 1. First then the Causes of their Ejection were these chiefly § 58 First For their being Married which many if not all the Ejected were Cranmer 1. Bâ—th as to the Cause Holgate the Arch-Bishop of York Coverdale Scory Barlow Hooper Farrar Harley Bird Bush and some of them after having taken Monastick Vows as Holgate Coverdale Barlow as appears in Fox and Godwin contrary to the Canons of the Church both Western and Eastern as to those that marry after having received Holy Orders both Modern and Ancient even before the Council of Nice as is shewed at large in the Discourse of Celibacy § 18 and contrary to the Provincial Canons of the Church of England See Fox p. 1051 and 177 granting Celibacy of the Clergy to have been established here for a Law by a National Synod in the time of Anselme Arch-Bishop of Canterbury about An. Dom. 1080 The Penalty of transgressing which Canons was Deposition from their Office See Conc. Constant in Trullo less strict in this matter than the Western Church Can. 6 Si quis post sui ordinationem conjugium contrahere ausus fuerit deponatur See the same in Concil Neocaesar before that of Nice Can. 1. Conc Elibert 33. c. Affrican Can. 37. And see the same in the Canon of Anselme that all Priests that keep Women shall be deprived of their Churches and all Ecclesiastical Benefices § 59 Secondly For their not acknowledging any Supremacy at all of the Roman Patriarch 2 more than of any other Forreign Bishop over the Clergy of England contrary to the former Canons of many lawful Superior Councils as is shewed in Church Gov. 1. Part. § 53. and also contrary to the former Provincial ones of the English Church And for their placing such an Ecclesiastical Supremacy in the Prince as to use all Jurisdiction to reform Heresy constitute or reverse Ecclesiastical Laws in the manner before expressed Which Supremacy in the Church since some body in each Prince's Dominion where Christians are ever had here on Earth under Christ I say ever not only after that Princes became Christian but before Arch-Bishop Cranmer rather than that he would acknowledge it at any time to have lain in the Church said that before the first Christian Emperors time it resided in the Heathen Princes
promise of the guiding of his Spirit into all truth But that any such Council hath at any time allowed the Mass c I affirm saith he to be impossible for Superstition i e. the Masy and the sincere Religion of Christ can never agree together For Determination of all Controversies in Christ's Religion Christ hath left unto the Church not only Moses and the Prophets to ask counsel at but also the Gospels Christ would have the Church his Spouse in all doubts to ask counsel at the word of his Father written Neither do we read that Christ in any place hath laid so great a Burthen upon the Members of his Spouse that he hath commanded them to go to the Universal Church It is true that Christ gave unto his Church some Apostles some Prophets c. But that all men should meet together out of all parts of the world to define of the Articles of our Faith I neither find it commanded of Christ nor written in the Word of God To which Bishop Latimer nexeth these words In things pertaining to God and Faith we must stand only to the Scriptures which are able to make us all perfect and instructed to Salvation if they be well understood And they offer themselves to be well understood only to those who have good wills and give themselves to study and Prayer neither are there any men less apt to understand them than the prudent and wise men of the world Thus Latimer in application of his Discourse to General Councils See likewise Bishop Ridley's Disputation at Oxford where being pressed with the Authority of the great Lateran Council Fox â— 1321. after having replyed that there were Abbots Priors and Friers in it to the Number of 800 he saith that he denyeth the Authority of this Council not so much for that cause as for this especially because the Doctrine of that Council agreed not with the word of God i e. as he understood this word Thus he who was counted the most Learned of those Bishops concerning the Authority of Councils See like matter in the Discourse between Lord Rich and Mr. Philpot Fox p. 1641. § 63 To proceed These Canons and Definitions I say not of Popes and Pontificians as they were ordinarily then Nick-named but of supposed former lawful Superior Councils were then in just force in Queen Mary's days notwithstanding any abrogation of them made by a National i e. an Inferior Synod See Thesis the Fourth and the Eighth as also was frequently urged against those questioned Bishops See the Examination of Arch Bishop Cranmer Fox p. 1702. where Dr. Story the Queens Commissioner thus objecteth but receives no answer there to it The Canons which be received of all Christendome compel you to answer For altho this Realm of late time thro such Schismaticks as you have exiled and banished the Canons yet that cannot make for you for you know that par in parem nec pars in totum aliquid statuere potest Wherefore this Isle being indeed but a Member of tire whole could not determine against the whole Thus Dr. Story Yet neither in Queen Mary's time could the Authority of a National Synod or an Act of Parliament be pleaded for such an abrogation of the old Canons or Liturgies or Supremacies and the establishment of new because both the Synod and Parliament of this Nation in the beginning of her Reign had pulled down again what those under King Edward and Henry had builded so that those Bishops could not hereupon ground their non-conformity which Argument Dr. Story there also prosecuteth against the Arch-Bishop § 64 Such as these then being the Causes of the Ejection of those Bishops I think it is evidenced And 2â—◠〈◊〉 to the Jâ—â—â— that they were Regularly and Canonically ejected as to the Cause And 2. Next so were they as to the Judge They being condemned as guilty of Heresy 2. or other Irregularities which are mulcted with Deposition and so ejected or also degraded and excommunicated with the greater Excommunication further than which the Ecclesiastical Power did not proceed not by any Secular Court or by the Queen's Commissioners but by those whom the Church hath appointed in the Intervals of Councils the ordinary Judges of Heresy or other Breaches of her Canons Amongst whom the highest Judges are the Patriarchs and above them the first Patriarch of Rome By whose Delegates the more Eminent Persons that were accused of Heresy the Arch-Bishop and the Bishops were here tryed according to the Authority shewed to be due to and to be anciently used by him in Chur. Gov. 1. Part. § 9.20 c and 2. Part § 77 and other Inferior Persons were tryed by the Bishop who was their Ordinary Queen Mary having revived the Statutes repealed by King Henry and Edward concerning the Tryal of Hereticks by the Church's Authority as hath been noted before § 49. The issue of which Tryal by the Church if they found guilty was either Deposition only from their Benefice and Office for Breach of her Canons or also Excommunication excommnnicatione majori and Degradation for Heresy and Opposition of her Definitions hi matters of Faith and so the yielding them up as now by degradation rendred Secular Persons to have inflicted on them by the Secular Power the punishments appointed for such crimes by the Secular Laws as you may see in the Forms of the Condemnation of Cranmer Ridley c Fox p. 1603 and elsewhere and in the Profession of the Bishop of Lincoln to Bishop Ridley Fox p. 1597. All saith he that we may do is to cut you off from the Church for we cannot condemn you to dy as most untruly hath been reported of us c. § 65 As for the burning of such afterward whom the Church first condemns of Heresy To β. it is to be considered Where Concern the buâ—â—ing of those whâ— in Q. Mary days were by the Câ—u condemned of Heresy That the Secular Laws not Ecclesiastical appoint it and the Secular Magistrates not Ecclesiastical execute it Again That Protestant Princes as well as Catholick King Edward King James Queen Elizabeth as well as Queen Mary have thought fit to execute this Law upon Hereticks So in Edward the Sixth's days Joan of Kent Anne Askews Maid who was burnt in Henry the Eighth's days for denying the Real Presence and George Paris were burnt for Hereticks Fox p. 1180 And some other Anabaptists condemned and recanting were enjoined to bear their Faggots See Stow p. 596. And in Henry the Eighth's time Arch-Bishop Cranmer in the Kings presence disputed against Jo. Lambert for denying the Real Presence and the Lord Cromwel pronounced Sentence upon him to be burnt for it Fox p. 1024 1026. And the same Arch-Bishop being as yet only a Lutheran saith Fox p. 1115 prosecuted others upon the same grounds and also in the beginning of King Edward's Reign before that the Protector and his Party appeared much for Zuinglianisme committed to the Counter
Edw. 6.2 where the Arch-Bishop is necessitated to consecrate such person as the King from whom all Ecclesiastical Jurisdiction is derived shall present or he refusing the King may appoint any other two Bishops for him to do it in his stead ergo so might Queen Mary according to these Statutes § 69 Thus much That Queen Mary's Clergy were a lawful Clergy which indeed except for a few and those not yet chosen or acting in the beginning of her Reign cannot be called in question and That their reversing the former Constitutions of Henry the Eighth or Edward the Sixth's Clergy as to the Authority that did it was a lawful Synodical Act. But in the next place suppose that the Queen had acted singly without or against her Clergy but with the Approbation of those Governors in the Church Catholick as are the lawful Superiors to this Clergy in re-establishing the former Profession of Religion used in Henry the Eighth's time before the Reformation yet so far as this Profession is evident to have been according to the Constitutions of the Church and of former Synods Superior to the Synods of this Nation which Constitutions do therefore stand still in their just force this Act of hers would still be justifiable because Sovereigns have such a Supremacy acknowledged by all due unto them as to use a Coactive Power in causing the Execution within their Dominions of such Church Canons as are granted to be in force without any inferiour further Licence or consent thereto Nor is this doing any more than if the King of England now re-established in his Throne should without or against the Vote of the present Ministery heâ—e restore the Bishops and the Ecclesiastical Laws again to their former office and vigour which these men never had any just or superior Authority to displace or abrogate CHAP. VI. The former Supremacy re-assumed by Qu. Elizabeth § 70 IN the last place we come to the times of Queen Elizabeth where we find by the Authority of the Queen and her Parliament 3. What Supremacy claimed c in the times of Q. Eliz. all the repeals of the Statutes of Henry the Eighth and Edward the Sixth in order to the Regal Supremacy and Reformation which Repeals were made in Queen Mary's days now again repealed except in Two 26. Hen. 8.1 c. and 35. Hen. 8.3 c. which give to Henry the Eighth the Title of Head of the Church of England which was changed by the Queen into that of Governor as better befitting a Woman As for Bishop Bramha's Observation of Two other Statutes of Henry the Eighth unrestored by Queen Eliz. 28. Hen. 8.10 c. An Act saith he of extinguishing the Authority of the Bishop of Rome out of this Realm and 35. Hen. 8.5 c. An Act made for Corroboration of the former if you please to view them and compare with them 1 Eliz. 1. c. you will find the cause to be not the Queens preserving and retaining here any Authority of the Pope which Henry renounced but the Six Articles in the one and the old Forms of Oaths in the other thought fit by her to be laid aside and all the Power and Priviledges whatsoever of Supremacy in Ecclesiasticals that were conceded to Henry the Eighth or Edward the Sixth That as ample a Supreacy was claimed by Parliament conferred oâ— her as on K. Hen. or Ed. as fully transferred to Queen Elizabeth For which see the Act 1. Eliz. 1. c. see the same 8. Eliz. 1. c. running thus That all Jurisdictions Priviledges Superiorities Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power hath heretofore been exercised for the Visitation of Ecclesiastical State and Persons and for Reformation Orders and Correction of the same and of all manner of Errors Heresies Schisms c shall for ever by Authority of this Parliament be united and annexed to the Imperial Crown of this Realm And that your Highness your Heirs c shall have full Power and Authority by vertue of this Act to name and authorize such persons as your Majesty shall think meet without any being obliged as Henry the Eighth was that half the number should be of the Clergy to exercise and execute under your Highness all manner of Jurisdictions Priviledges and to visit reform and amend all such Errors Heresies Schisms c which by any manner Spiritual or Ecclesiastical Power may lawfully be reformed and that such persons shall have full power by vertue of this Act to execute all the Premises any matter or cause to the contrary in any wise notwithstanding Provided always that no manner of Order Act or Determination for any matter of Religion or cause Ecclesiastical made by the Authority of this present Parliament shall be adjudged i. e by those persons at any time to be any Error Heresy Schism c any Decree Constitution or Law whatsoever the same be to the contrary notwithstanding this Proviso perhaps was put in because all the Bishops that were in the Parliament opposed this Statute See Cambden 1. Eliz. Provided again that such persons authorized to reform c shall not in any wise have Authority to determine or adjudge any matter or cause to be Heresy I suppose by Heresy is meant here any Error contrary to what ought to be believed and practised in Divine matters but only Such as heretofore have been determined to be Heresy by the Authority of the Canonical Scriptures or by the first Four General Councils or by any other General Councils wherein the same is declared Heresy by the express and plain words of the said Canonical Scriptures or Such as hereafter shall be judged and determined to be Heresy by the High Court of Parliament of this Realm with the assent of the Clergy in their Convocation here therefore nothing whether by the Clergy or other could be de novo declared or adjudged Heresy unless the High Court of Parliament also adjudged it to be so § 71 In the same Statute concerning the Extent of the Queen's Supremacy it is expresly ordained That the Branches Sentences and words of the said several Acts i. c. made in Henry the Eighth's time touching Supremacy and every one of them shall be deemed and taken to extend to your Highness as fully and largely as ever the same Acts did extend to the said late King Henry the Eighth your Highnesses Father The same thing also appears in the Queen's Admonition annexed to her Injunctions to prevent any sinister Interpretations of the Oath of Supremacy then imposed which saith That the Queen's Majesty informed that some of her Subjects found some scruple in the Form of this Oath c would that all her loving Subjects should understand that nothing was is or shall be meant or intended by the same Oath to have any other Duty or Allegiance required by that Oath than was acknowledged to be due to King Henry the Eighth her Majesty's Father or King Edward the Sixth her Majesty's Brother It proceeds shewing
more dignified and powerful amongst the Religious are acquainted what Penalties they have incurred and have seen already inflicted on others and that the King as Supream Head of this Church might also depose their Societies alienate and dispose of their Estates as he saw sit to those who would serve God better but that they might one way sooner obtain both security and pardon for their past faults and provision for their future livelihoods if they would rather preventively resign their Foundations and Possessions into the King's hands then stay to have them by his just power taken from them especially since the King on such condition would either to the present Incumbents give other Preferments or allow considerable Pensions equalling their former Income to the unpreferred for their lives And thus many if not all of these greater Foundations having seen already the lesser seized on some persons having fair hopes of being well provided for others of Impunity others also desiring more liberty and weary of the fetters of a Cloistered life especially as restrained by the new Regal Injunctions give-up and make-over their Monasteries and all the Estate belonging thereto under their Hands and Seals to the King and his Heirs for ever And the King again returns yearly a vast summe of Money in Pensions bestowed on the more Eminent of the Monasticks for term of life A many of which Pensions you may see set down in Mr. Fuller 6. l. p. 304. who also ibid. p. 316. makes this Relation how the Monks were tempted with them It was also pressed upon the Monks Fryars and Nuns that they thro their viciousness being obnoxious to the King's anger this i. e. the taking away of their Estates might and would be done without their consent So that it was better for them rebus sic stantibus to make a Vertue of Necessity the rather because this Compliment conduced nothing to the Kings Right on whom the Parliament had already bestowed those Abbey-Lands but might add much to their own advantage as being the way whereby their Pensions might be the more easily procured largely alotted and surely paid unto them Thus He. And thus the Lord Herb. p. 442. to the same purpose Cromwel betwixt Threats Gifts Perswasions Promises and whatsoever might make men obnoxious obtained of the Abbots Priors Abbesses c that their Houses might be given up Among which those that offered their Monasteries freely got best Conditions of the King for if they stood upon their right the Oath of Supremacy and some other Statutes and Injunctions brought them in danger or their Crimes at least made them guilty of the Law which also was quickly executed and particularly on the Abbots of Glassenbury Colchester and Reading who more than any else resisted § 92 When these Lands also were dispersed and disposed-of and this great income spent the King's Necessities being no less argent upon him than formerly nay more he having lately engaged a War with France and Scotland the gleanings as it were of this Harvest which before lay unregarded are now looked after and all the Chaunteries Free-Chappels Colledges except the Universities Fraternities c Dedicated also to such pious uses as neither the King nor Parliament of that time disallowed viz. offering the Holy Eucharist distributing Alms and saying Prayers for the faithful deceased as likewise the advancing of Learning sustenance of the Poor c are thrown into the King's Lap upon pretence of abuses found in these too For which see Statute 37 Hen. 8.4 c. where the reason of giving them away to the King and frustrating the uses for which they were founded is lest the Priests or Governors that enjoyed them should sell them away and frustrate the same uses as some had done already probably for prevention of the Storm they saw coming upon these after the Monasteries as if such faults of the Incumbents were capable of no other cure nor these Lands preservable by Law to the Founders intentions § 93 Now to reflect a little on these Ads of King Henry so odious to the memory of posterity Reflections upon these Preâ—eaces in them he seem many ways void of excuse For 1. First For the King's Necessities many of them seem to be faultily contracted 1. by to say no worse needless expence and because this high-spirited and valiant Prince would needs engage himself as Lord Herb. p. 511. judiciously observes beyond what was requisite and would be an Actor for the most part where he needed only to have been a Spectator And methinks these things do not sute well together to pull down Religious Houses for meer necessity Herbert p. 513. and in such Expeditions to cross the Seas in a Ship trimmed with Sails of Cloth of Gold § 94 Secondly For the Precedent of Cardinal Wolsey 1. 2. There was nothing done in it but what was justifiable by the Ecclesiastical Canons it being lawful in some Cases and on some Conditions for the Supreme Governors amongst Church-men to alienate or rather to transfer from one pious use to another those things which are given to them or being given to God are in his right possessed by them as his Ministers But hence will it riot follow that any Lay tho the Sovereign Power who is not the Receiver or Possessor of such a Gift but rather the Doner for without the King's Consent the Church receives no such Gifts can afterward resume from God and the Church the disposal of it Here I may say as St. Peter Acts 5. 4. Before it was so bestowed by him was it not his own But once so passed away and his Mort-main allowed to it it cannot then be recalled upon any Secular Title But Secondly Suppose the King Heir to all that Supremacy which in these matters the Pope or other Ecclesiastical Persons have formerly exercised yet this Power will not extend to that which the King assumed For the Pope pretends to no such Power as to alienate the Church Revenues for to spend them himself or to dispose of them in what manner or to what Persons he pleaseth but only for some just cause i.e. in a prudential arbitration for an equal or greater Benefit thence accrewing to the Church or Christianity Which also was observed in his concession of those to Cardinal Wolsey in a time when Religious abounded more than Schollars and by that Concession the Church still enjoys them But whither Henry the Eighth's Abbey-lands went and what uses they have served we all know and this some think to the enriching of few but ruine of many Noble Families in this Nation See Dr. Heylin's Hist of Reform of Qu. Mary p. 45. and p. 67 68. § 95 Thirdly Neither were the Vices of those Religious a sufficient ground of overthrowing their Societies and Foundations 3. because the King might have punished ejected changed the Persons without taking away the Houses or Maintenance as is frequently done in all Societies and particularly in Religious Houses abroad unless
was no small occasion of sorrow unto them to understand by the complaints of many that the said Book so much travelled for remaineth in many places of the Realm either not known at all or not used or if used very seldome and that in such a light and irreverent sort that c. The fault whereof say they to the Bishop we must of reason impute to you and others of your vocation And thus Fox in the same Page What zealous care was in this young King concerning Reformation by these Injunctions it may tight well appear Whereby we have to note not so much the careful diligence of the King and his learned Council as the lingring slackness and drawing back on the other side of divers but especially of Bishops and old Popish Curates he meaneth the Clergy such as had not been changed by King Edward by whose cloaked contempt wilful winking and stubborn disobedience the Book of Common Prayer was long after the publishing thereof either not known at all or else very irreverently used throughout many places of the Realm And the same thing may be collected from the many Risings in several Counties that were in King Edward's days chiefly for matter of Religion First in Somerset-Shire and Lincoln-shire then in Essex Kent Suffolk Norfolk Cornwal and Devon-shire and afterward also in York shire Which Risings of the Laity in such numbers for their former way of Religion would not have been had not their Clergy justified it unto them § 123 To these give me leave to add yet further the testimony of Bishop Ridley one who knew well the pulse of those times in his Treatise lamenting the State of England apud Fox p. 1616. Even of the greatest Magistrates saith he some spurned privily and would not spare to speak evil of those Preachers who went about most wholsomely to cure their sore backs As for the common fort of other inferiour Magistrates as Judges c it may be truly said of them as of the most part of the Clergy Parsons Prebendaries Arch-Deacons Deans yea and I may say of Bishops also I fear me for the most part altho I doubt not but God had and hath ever whom he in every state knoweth to be his but for the most part I say they were never perswaded in their hearts but from the teeth forward and for the Kings sake in the truth of Gods word i. e. in the Protestant tenents and yet all these did dissemble he meaneth many for of all it is not true See before § 107. and bear a Copy of a countenance as if they had been sound within Hitherto Bishop Ridley Where note that some outward compliance at the first of those Bishops who made an open opposition afterward might be upon a fair pretence because the first Acts of the Reformation might be not so unsupportable as the later for the Reformation winded and insinuated it self into the common practice by certain gentle degrees the greatest blow to the former doctrine and discipline of the Church being given in the later times of this Kings Reign when it was now by some success grown more bold and confident But however it be such compliance used for a while but after ward renounced does avail nothing the Protestant cause since the later judgment in such matters is to be taken especially where it is no way corrupted by but proceedeth against secular advantages Again the perpetual outward compliance of some other Bishops contrarily affected since there preceded before it penalties and fears and the seeing of the prime Bishops to be imprisoned and ejected for standing our is far from an authentical consent and unjustly reckoned as such For tho none can know mens hearts but by their outward appearance yet where mens votes are asked after penalties imprisonments of others threats which are so strong motives of dissimulation now all that conform in these are to be presumed compilers and none free voters § 124 This testimony of Bishop Ridley's I will second with Mr. Fuller's Chur. Hist. 7. l. p. 414. We find saith he the Bishops of that time divided into three sorts zealous Protestants Cranmer Ridley Hooper Farrer c. but these named were made Bishops or consecrated as Ridley in King Edward 's time all save Cranmer ' Zealous Papists Bonner Gardiner Tonstal he might have named so many of the rest as were then ejected for their Religion Voicy Heath Day Papists in their hearts but outwardly conforming to the Kings Ecclesiastical Laws as Heath then Bishop of Worcester yet Heath was ejected and many other Bishops amongst whom elsewhere he numbreth S. l. p. 11. Sampson Bishop of Coventry and Lichfield of whom Godwin in Catalogue of Bishops saith That he began to shew himself a Papist in the second year of King Edward and was put out of the Presidentship of Wales Capon Bishop of Salisbury Thirlby Bishop of Norwich Buckly Bishop of Bangor add Parfew Bishop of Asaph Kitchin Bishop of Landaff Aldrich Bishop of Carlile Goodrich Bishop of Ely Chambers Bishop of Peterborough King Bishop of Oxford who all returned to the profession of the old Religion in Queen Mary's days Some of these forenamed flinging up a good part of their lands to keep their ground and complying with the Kings commands so coldly and with such reluctancy as laid them open to the spoil tho not to the loss of their Bishopricks as Dr. Heylin relates it in Hist of Reform p. 100. And here it is worthy of enquiry saith Fuller why this later sort which so complyed under King Edward should be so stubborn and obstinate under Queen Elizabeth whereof I can give but this reason assigned that growing old and near their graves they grew more conscientious and faithful to their own tho erroneous Principles Thus he I add to the open maintaining of which Principles their long experience having seen the arbitrary and floating state of Religion under a secular Supremacy in their old age excited them § 125 Lastly for the inferior Clergy tho many of them doubtless were changed in King Edward's days yet so many of them then remained still of the old Religion either in heart or also in profession that a Synod being called within five or six days after Queen Mary's Coronation before any new moulding of this Ecclesiastical body all of them except six voted against King Edward's Reformation See before § 51. To which may be added the zeal and forwardness of the Clergy and People at the same time preventing the Queen's Edicts in erecting again the Altars and using the Mass and Latine Service c. of which see Heylin Hist Q. Mary p. 24. All which could not have happened so soon after King Edward's death if during his life they had all so really and unanimously received and observed it Which Reformation also the Lady Mary in her Letter to the Council who blamed her for inconformity to the Kings laws intimates that it was not done without partiality nor consented unto without
repugning as they might well against the late spoyl of the Church-goods taken away only by commandment of the higher powers without any law or order of Justice and without request or consent of them to whom they did belong And Calvin in a Letter to Arch-Bishop Cranmer written about An. Dom. 1551. giving a reason why the English Church was so ill stored with good Pastors hath these words Vnum apertum obstaculnm esse intelligo quod praedae expositi sunt Ecclesiae reditus So early you see even together with the first dawning of the Reformation began that Sacriledge to be committed on some Bishopricks which our days have seen accomplished on the rest Lay menders of Religion ordinarily terminating in these two things the advancing of their carnal Liberty and temporal Estates § 140 In defacing of Images By vertue of such Supremacy He caused to be removed out of Churches and to be defaced and destroyed all Images of Saints Concerning which Reformation his Council writes to the Arch-Bishop of Canterbury in this stile We have thought good to signify unto you that his Highnesse's pleasure with the advice and consent of us the Lord Protector and the rest of the Council is that immediately upon the sight hereof you shall give order that all the Images remaining in any Church within your Diocess be taken away and also by your Letters shall signify unto the rest of the Bishops within your Province this his Highnesse's pleasure c. Fox p. 1183. See likewise Stat. 3. and 4. Edw. 6.10 c. This he did when as the second Nicene Council not only had allowed but recommended the use of them But he proceeded also further than this and declared the worshiping and veneration of any such Images or Relicks to be repugnant to Gods word and unlawful superstitious idolatrous See the 22 of the 42 Articles and Article to Winchester 11 and the Doctrine of his Homilies § 141 By vertue of such Supremacy He imposed An. Dom. 1547 a Book of Homilies not approved by any Synod before nor after till 1552 if then in which Book were stated several Controversies of Divinity See Article 11 of the 42 referring to these Homilies for the stating of Justification ex solâ fide the King forbidding the Clergy to preach any Doctrine repugnant to the same Homilies under pain of being silenced or otherwise punished § 142 â—â—injoyning administration of the Communion in both â—inds See before § 108. Winchester Articles 15. Fox p. 1255. By vertue of such Supremacy He laid a command upon the Clergy to administer the Communion to the people in both kinds Stat. 1. Ed. 6.1 c. Coâ—cil Constant 13. sess See before §. 118. contrary to the Injunction of the Council of Constance and without any preceding confutation of a National Synod and notwithstanding the former late decree concerning the non-necessity thereof by the same National Synod in Henry the Eighth's days in the second of the Six Articles § 143 In suppressieg the former Church Liungies Ordiaals and other Rituals By vertue of such Supremacy He caused to be removed and suppressed the former Church Liturgies and Rituals for the publick Prayers for the celebration of the Communion and other Sacraments for the Ordinations of the Clergy See Fox p. 1211. The King saith he with the body and state of the Privy Council then being directed out his Letters of request and strait commandment to the Bishops in their Diocess to cause and warn all Parsons Curates c. to bring in and deliver up all Antiphoners Missals Grailes Processionals Manuals Legends Pies Ordinals and all other Books of Service the having whereof might be any let to the Service now set forth in English charging also and commanding all such as should be found disobedient in this behalf to be committed unto ward Saying in the Articles sent to Winchester That the Mass was full of abuses Fox p. 1235. and had very few things of Christ's institution besides the Epistle Gospel and the Lord's Prayer and the words of the Lord's Supper that the rest for the more part were invented and devised by Bishops of Rome and by other men of the same sort i. e. by Ecclesiastical Constitution and therefore were justly taken away by the Statutes and Laws of this Realm this being the perswasion of those times That the King as Supreme might change as to him seemed good any thing established only by humane tho it were Church authority And see Stat. 3 4. Edw. 6.10 c. Whereas the King hath of late set forth and established an uniform Order of Common-Prayer and whereas in the former Service-Books are things corrupt untrue vain and superstitious Be it enacted by the King the Lords Spiritual and Temporal and the Commons in this present Parliament assembled that all Missals Ordinals c. heretofore used for Service of the Church shall be utterly abolished extinguished c. § 144 And injetting uâ— new Forms of celebrating the Communion But you must observe that all was not done at once or at the first but by certain steps and degrees For Example The Form of administring the Communion suffered three Alterations or Reformations one after another the later still departing further from the ancient Form used in the Church than the former First the King assembled certain Bishops and others at Windsor in the first year of his Reign such as he pleased to appoint to compile a new Form of celebrating the Communion according to the Rule saith Fox p. 1184 of the Scriptures of God and first usage of the Primitive Church Yet the Bishops at this time so ordered and moderated the matter which perhaps may be the reason of those words in Fox see before § 125. See Heylin Hist. of K. Edw. p. 57. That the Protector at Windsor in the zealous defence of Gods truth opposed the Bishops that the whole office of the Mass should proceed as formerly in the Latine even to the very end of the Canon and the receiving of the Sacrament by the Priest himself Which done the Priest is appointed to begin the exhortation in English We be come together at this time Dearly Beloved c. as it is in the present English Liturgy After which follows also the disswasion of great offenders impenitent from receiving the General Confession and Absolution the Prayer We presume not c. and so the administration of the Eucharist to the people in both kinds The words of the Rubrick in that first Order of the Communion reprinted at London 61 are these The time of the Communion of the people shall be immediately after that the Priest shall have received the Sacrament without the varying of any other Rite or Ceremony in the Mass until other order shall be provided But as heretofore usually the Priest hath done with the Sacrament of the Body to prepare bless and consecrate so much as will serve the people so it shall yet continue still after the same manner
and form save that he shall bless and consecrate the biggest Chalice or some fair and convenient Cup or Cups full of Wine with some water put unto it and that day not drink it up all himself but taking one only sup or draught leave the rest upon the Altar covered and thus exhort the people Dearly beloved c. Thus the Rubrick And this Form as Mr. Fox goes on exhabited unto the King was by his Majesty's Council particularly sent to every Bishop of the Realm requiring and commanding them by their Letters on the Kings Majesty's behalf that they should forthwith have diligent respect to the due execution thereof c. In which Letter the motive urged by the Council why this new Form was drawn up and imposed is That the Statute of the former Parliament ordering that the Sacrament should be distributed unto the people in both kinds might be well executed in such sort as is agreeable with the word of God as if for the distribution of the Sacrament in both kinds there was any need of altering or superadding any thing to the Mass when as with that same Form of the Mass it was in the publick Communions for many Centuries only so distributed and when as that same Form of the Mass is urged by Protestants as contrary to communicating the people only in one kind but the true cause of altering it I shall shew you by and by Now this new Form was thus imposed by the King and his Council before allowed by any Synod of the Clergy or Act of Parliament which were procured afterward in the second Parliament of King Edward Meanwhile such alterations in King Edward's time about the Doctrine and the Administration of this Sacrament as they were uncanonical so they were in this respect also very hurtful in that they occasioned in the ignorant especially much profaneness and irreverence toward the Blessed Sacrament in those days as you may partly also gather from an Act 1. Edw. 6.1 c. made against such irreverent speaking against it For whereas the Sacrament was according to ancient custome delivered to each Communicant in a small round Wafer hence they gave it the name of Round-Robin And because the parts thereof that were reserved to be carried to the sick were hanged up over the Altar in a Pix or Box they named it Jack in a Box and instead of the Sacrament of the Altar called it the Sacrament of the Halter See Heylin's Hist of Reform 49.63 Such profaneness followed the remedy of what they called Superstition § 145 Secondly 2. Of Ordination See 3 4. Edw. 6.10 c. Having likewise condemned amongst other superstitious Books the former Church-form of Ordination and Consecration of Bishops and Priests the King caused a new Form to be prescribed upon this pretence in the Act of Parliament That so concord and unity might be had within his Majesty's dominions in these Ordinations But could not this have been done without innovation by strictly confining all to the use of the former Church form or if these were various to some one of them Stat. 3 4. Edw. 6.12 c. Now for the compiling of this new Form the Parliament orders That such as by fix Prelates See before §. 42. and six others to be appointed by the King or by the major part of them should be devised for that purpose and set forth under the great Seal should by vertue of their Act without obtaining or requiring any ratification thereof from any Synod be lawfully used and none other any law or prescription to the contrary thereof notwithstanding In which new Form amongst other things which were in the former now cast out this is one to the great contradiction of all Antiquity The Bishops conferring on the ordained Presbyters potestatem offerendi sacrificium propriè dictum verè propitiatorium see in what sense understood and explained by the Church in Discourse of the Eucharist § 251. c Deo Missasque celcbrandi tam pro vivis quam pro defunctis Quod omnem superat impietatem saith Mason de Minist p. 242. 17. c. And this is another The Oath of Submission of the Ordained or Consecrated to the Supremacy of the Patriarch instead of which is prescribed another Oath to the Supremacy of the Temporal Prince From which Regal Supremacy also we find Cranmer after fifteen years governing the Province of Canterbury receiving at the coming in of a new Sovereign a new Licence of ordaining Bishops and Priests therein durante Beneplacito Regis The Form as Sanders p. 170. hath set it down runs thus Quandoquidem omnis jurisdicendi authoritas atque etiam jurisdictio omnimoda tam illa quae ecclesiastica dicitur quam seecularis a Regia petestate velut a supremo capite manta c. Ad ordinandum igitur quoscunque intra Diaecesim tuam Cantuariensem ad omnes etiam sacros Presbyteratus ordines promovendum per praesentes ad nostrum beneplacitum duraturos tibi damus potestatem And some such thing is intimated by Mr. Prin unbishoping of Timothy p. 80. I must inform our Bishops saith he for their Learning that all the Bishops in King Edward the Sixth's time had special clauses in their Letters Patents authorizing them to ordain Ministers and Deacons as Bishop Poynet's Scory's Coverdale's Patents 5. Edw. 6. pars 1. testify at large and there is no wonder in this if you recall to mind Arch-Bishop Cranmer's Answers to the Queries made concerning these matters recited before § 105. n. 3. Which Patents if they imply such a Supremacy Ecclesiastical in the Prince as that he may if he please prohibit any Ecclesiastical person at all from ordaining Ministers in his dominions are contrary to the first Thesis above § 2. But yet this new Ordinal was not so well purified from former Superstitions See in Fox p. 1366. the Kings and Earl of War wick's Letters but that some who were presented to Bishopricks were stumbled therewith and the Kings dispensation was obtained in order to the consecrating of Bishop Hooper for his not observing of some things therein and particularly for his not taking the new Oath either that of obedience to the Arch-Bishop or that of the Kings Supremacy which perhaps he lately seasoned abroad with Calvin's Doctrine See before §. 37 could not so easily digest § 146 Thirdly 3◠of Common Prayer Not long after the production of the new Form in administring the Communion in the second year of his Reign he caused it to be reviewed and also then to be drawn up a new Form of Common Prayer for Mattins and Evensong and the Administration of the other Sacraments of the Church if I may use the phrase of the Act 2. Edw. 6.1 c. which Form composed by seven Bishops and seven other learned men of the Clergy chosen by the King yet one of them Day Bishop of Chicester after it was done refused to subscribe it who was afterward also turned out of his
be changed he confessed both that they were ancient and might in some manner be inculpably used but yet thought it better that they should be removed 1. because not appointed in Scripture by word or example 2. because they might be or also had been abused'to superstition 3. because the Church should partake as little as might be of the same usages with Anti-Christ Bucer Censur in Ordinat Eccles Angl. p. 458. 467. c. § 179 Upon such exceptions taken at the Liturgy as well from abroad as also by some of the preciser sort at home saith Dr. Heylin Reform Justif p. 31. and Hist of Reform p. 107. and because there had risen divers doubts for the fashion and manner of the ministration of the said Service rather by the curiosity of the Minister and mistakers than of any other worthy cause saith the Act of Parliament it self 5 6. Edw. 6.1 c. which shews what a good opinion they had of the former Book It was committed to be new corrected but by what persons we know not The Act without any such Encomium of these Reviewers as of the first Composers faith only That the King caused it to be faithfully and godly perused explained and made fully perfect Perhaps it was corrected which is one of Dr. Heylin's conjectures See before § 42. by those who were appointed by the King about this time to compose a Form of Ordination which Form the Act joined with this new Service-Book But it could not be done by the same persons that composed the former at least not by all of them because Day before this was ejected out of his Bishoprick and two more Shyp and Holbeck as I think before this deceased and Harley and Taylor were chosen their Successors The thing matters not much-Thus corrected it was presented to the Parliament and it only by them authorized to be used § 160 Which second Form besides casting out several other things that were retained in the former Among the rest Prayer for the dead and several expressions that seemed to â—â—ser the Reaâ—or Corporal Preseace in the Eucharist as the Commemoration of Saints and Prayer for the dead many Rites in the Administration of Baptisme the liberty of extream Vnction the Oblation and Prayers in the Communion which were made immediately after Consecration spoken-of before § 148 149. above all seems to have taken a vigilant special care for the altering and removing out of the former Form all those passages Which might argue any real or corporal Presence of the Body and Blood of Christ whether it be by Trans or Con-substantiation or any other way with the Symbols Whereas therefore in the Prayer of Consecration these words are in the Missal Quam oblationem tu Deus in omnibus quaesumus benedictam acceptabilemque facere digneris ut nobis Corpus Sanguis fiat dilectissimi Filii tui Domini Nostri Jesu Christi and so in the first Form of King Edward these words Hear us O Merciful Father we beseech the and with Holy Spirit and word vouchsafe to bl ✚ ess and sanc ✚ tify these thy gifts and creatures of Bread md Wine that they may be unto us the Body and Blood of thy most dearly beloved Son Both the Missal and that Form ordering the person consecrating at this time to take both the Bread and the Cup into his hands Instead of this the second Form is thus changed Hear us O Merciful Father we beseech thee and grant that we receiving these thy Creatures of Bread and Wine according to thy Son our Saviour Jesus Christ's holy Institution in remembrance of his Death and Passion may be partakers of his most blessed Body and Blood omitting also the Priests touching or handling the Pattin or Chalice which is done according to Bucer's directions in his Censura p. 468. Whereby seems to be avoided the acknowledging of any Presence of Christ's Body and Blood with the Symbols of which also Bucer saith p. 476. Antichristianum est affirmare quicquam his elementis adesse Christi extra usum praebitionis receptionis For the same reason it seems to be that the Glory be to God on high c. and the Benedictus qui venit in nomine Domini after the Sursum Corda the one is transferred after the Communion and the other omitted Likewise whereas in the administring of these Mysteries the Missal useth this Form Corpus Domini Jesu Christi custodiat animam tuam in vitam aternam and so also the first Book of King Edward the Second as it were against the apprehending of any Real Presence to the Symbols or any oral feeding on that Body removeth those words and placeth instead thereof only these Take and eat this in remembrance that Christ dyed for thee and feed on him in thy heart by Faith with thankgiving Again Drink this in remembrance c So whereas it is said in the first Form in the Player of humble access Grant us so to eat the flesh of thy dear Son Jesus Christ and to drink his blood in these holy Mysteries the second omits in these holy Mysteries Likewise at the end of the Communion-Service is added this Rubrick declaring that kneeling at the participation of the Sacrament is required for a signification of the humble acknowledging of the benefits of Christ given therein unto the worthy receiver and not for giving any adoration to the Sacramental Bread and Wine there bodily received or in regard of any real or essential Presence of Christ's natural Body and Blood Whereas it s ordained in the Administration of the Lord's Supper that the Communicants kneeling should receive the Holy Communion which thing is well meant for a signification of the humble and grateful acknowledging of the benefits of Christ given unto the worthy receiver and to avoid the profanation and disorders which about the Holy Communion might else ensue Lest yet the same kneeling might be thought or taken otherwise we do declare that it is not meant thereby that any Adoration is done or ought to be done either unto the Sacramental Bread or Wine there bodily received or unto any real and essential Presence there being of Christ's natural Flesh and Blood For as concerning the Sacramental Bread and Wine they remain still in their natural substances and therefore may not be adored for that were Idolatry And as concerning the natural Body and Blood of our Saviour Christ they are in heaven and not here for it is against the truth of Christ's true natural Body to be in moe places than one at one time Thus that Rubrick thought fit to be omitted in the Common-Prayer-Book of Queen Elizabeth of which see the Reason below § 179. n. 2. Accordingly the Altar was changed into a Table the sides whereof were set North and South set near the Reading-place ordered at the Communion time to be covered with a fair white Linnen Cloth the other vestments prohibited save only a Surplice for a Priest and Rochet for a
that Synod whom the King after the Synod had appointed the Synod leaving this business to him to draw up such Ecclesiastical Laws and so I grant that de illis convenerat inter Episcopos alios eruditos viros qui erant pars aliqua Synodi London But that these Articles were published established or passed by that Synod I think there is good reason to deny from these relations which follow § 167 Where I will first transcribe you what Mr. Fuller Hist Eccles 7. l. p 420. who had perused the Records concerning it saith of this Synod or Convocation As for the Records of this Convocation saith he they are but one degree above blanks scarce affording the names of the Clerks assembled therein for which see also Heylin's Hist of Reform King Edw. p. 121. Indeed they had no Commission from the King to meddle with Church-business and no Convocation can hear complaints in Religion nor speak in redress thereof till a Commission be granted unto it from Regal authority Now the true reason why the King would not entrust the diffusive body of the Convocation with a power to meddle with matters of Religion was a just jealousy which he had of the ill-affection of the major part thereof who under a fair rind of Protestant Profession had the rotten core of Roman Superstition It was therefore conceived safer for the King to rely on the ability and fidelity of some select confidents cordial to the cause of Religion than to adventure the same to be discussed and decided by a suspected Convocation However this barren Convocation is entitled the Parent of those Articles of Religion 42 in number which are printed with this Preface Articuli de quibus c. as is recited before With these Articles was bound a Catechisme younger in age as bearing date of the next year but of the same extract relating to this Convocation as Author thereof Indeed it was first compiled as appears in the Kings Patent prefixed by a single Divine charactered pious and learned but afterwards perused and allowed by the Bishops and other learned men understand it the Convocation and by Royal authority commended to all Subjects commanded to all School-Matters to teach their Scholars Yet very few in the Convocation ever saw it much less explicitly consented thereunto But these had formerly it seems passed over their power to the select Divines appointed by the King In which sense they may be said to have done it themselves by their Delegates to whom they had deputed their authority A case not so clear but that it occasioned a Cavil at the next Convocation in the first of Queen Mary When the Papists i. e. all the Convocation save six persons therein assembled renounced the legality of any such former Transactions Thus Mr. Fuller one interessed in this matter on the other side § 168 Next if you would know the questioning of this Catechisme to which as well as the Articles was pretended the name of the Synod and the answer returned thereto In the Relation made thereof in Fox p. 1282. thus speaks the Prolocutor Dr. Weston to the Convocation concerning it For that saith he there is a Book of late set forth called the Catechisme bearing the name of this Honorable Synod i. e. the last which sate and yet put forth without their consents as I have learned being a Book very pestiferous and full of Heresies and likewise a Book of Common Prayer very abominable I have thought it therefore best first to begin with the Articles of the Catechisme concerning the Sacrament of the Altar to confirm the natural Presence of Christ in the same and also Transubstantiation for which conference the next Fryday being appointed Then saith the relation the Prolocutor exhibited two Bills unto the House The one for the forementioned Article of the Catechisme the natural Presence of Christ in the Sacrament of the Altar the other concerning the Catechisme that it was not by that House's agreement formerly set forth and that they did not for the present agree thereunto requiring all them to subscribe to the same as he himself had done Whereunto the whole House did immediately assent except six Jo. Philpot one of the six Renegers stood up and spake first concerning the Catechisme That he thought they were deceived in the Title of the Catechisme in that it beareth the Title of the Synod of London last before this altho many of them which then were present were never made privy thereof in setting it forth for that this house had granted the authority to make Ecclesiastical Laws unto certain persons to be appointed by the Kings Majesty and whatsoever Ecclesiastical Laws they or the most part of them did set forth 3 4. Edw. 6.11 c. according to a Statute in that behalf provided it might well be said to be done in the Synod of London altho such as be of the House now had no notice thereof before the promulgation And that in this point he thought the setter-forth thereof nothing to have slandered the House as they by their Subscription went about to perswade the world since they saith he had our Synodal authority committed unto them to make such Spiritual Laws as they thought convenient and necessary This concerning the questioning of this Catechisme and Articles in the beginning of Queen Mary's days and the Answer returned thereto But to clear the matter a little further We find in the same Fox p. 1704 after this Arch-bishop Cranmer in his tryal before the Commissioners at Oxford Brooks Bishop of Gloucester and others charged amongst other things with being the Author of this Catechisme and Articles and with compelling men against their wills to subscribe them the former of which he there confesseth but denyeth the latter The words in Fox are 7th Interrog Item That the said Tho. Cranmer did fly and recuse the authority of the Church did hold and follow the Heresy concerning the Sacrament of the Altar and also did compile and caused to be set abroad divers Books Answer Whereunto when the names of the Books were recited to him he denyed not such Books which he was the true Author of As touching the Treatise of Peter Martyr upon the Sacrament he denyed that he ever saw it before it was abroad yet did approve and well like of the same As for the Catechisme the Book of Articles with the other Book against Winchester he granted the same to be his doings 8th Interrog Item That he compelled many against their wills to subscribe to the same Articles Answer He exhorted he said such as were willing to subscribe but against their wills he compelled none § 169 Having given you these three relations now to reflect a little on them First if you well consider the words in the Title of the Articles de quibus inter Episcopos alios eruditos viros c. they seem not the ordinary expresion of a Synodal Act which runs more generally as thus de quibus
as particularly that 1. Edw. 6.2 mentioned before § 40 Yet so it was that all the chief Acts that King Edward's Parliaments or Clergy had made concerning the Reformation were now revived Sec 1. Eliz. â— c. 2. and all that Queen Mary's or Henry the Eighth's save in the matter of Supremacy Parliaments or Clergy had done against it was repealed But this §. 179. n. 3. Bâ—t nâ—t by the Clergy tho done in spiritual matters was done by the sole authority of the Queen and her Parliament without obtaining any Synod to reverse the contrary decrees of the former Synods under those two Princes nay further whilst all the Bishops that fate then in Parliament openly opposed these Innovations Cambden Hist Eliz. p 9. By her own sole authority the Queen likewise published certain Injunctions to the Clergy And now the Regal Supremacy being thus restored only by the Civil power an Oath of Supremacy was also drawn up and imposed on all Ecclesiastical persons upon penalty of the Refuser's losing all their Ecclesiastical promotion benefice and office 1. Eliz. 1. c. And so this Oath being unanimously refused by all the Bishops that then sate save only the Bishop of Landaff I say all that then sate For by reason of a contagious sickness that then reigned within less than the space of a twelve-month saith Dr. Heylin Hist of Reform Qu. Mary p. 81. almost one half of the English Bishops had made void their Sees three Bishopricks having been void from 1557 three Bishops dying some few weeks before the Queen three not long after one on the same day which with the death of so many of the Priests also in several places did much facilitate the way saith he to that Reformation that soon after followed they were all ejected out of their Bishopricks and with them of the chief of the Clergy fifteen Presidents of Colledges twelve Deans twelve Arch-Deacons six Abbots Camb. p. 17. fifty Prebendaries lost their Spiritual Preferments Meanwhile many others saith Dr. Heylin Hist of Qu. Eliz. p. 115. who were cordially affected to the interest of the Church of Rome dispensing with themselves in outward conformities upon a hope of such revolutions in Church-affairs as had hapned formerly § 180 Here that we may examine the lawfulness of the ejection of these Prelates for refusing such Oath The ejecting of the Bishops for refusing the Oath of her Supremacy The unlawfulness there of upon which depends the lawfulness or unlawfulness of the Acts of the Clergy succeeding them I will first set you down the form of the Oath which was this I do testify and declare in my conscience that the Queen's Highness is the only Supreme Governor of this Realm as well in all Spiritual or Ecclesiastical things or causes as Temporal and that no Forreign Prince Person Prelate State ought to have any Jurisdiction Power Superiority Preheminence Ecclesiastical or Spiritual within this Realm and therefore I do utterly renounce all forreign Jurisdictions Powers Superiorities and do promise that from henceforth I shall assist and defend to my power all Jurisdictions Priviledges and Authorities granted or belonging to the Queens Highness or united and annexed to the Imperial Crown of this Realm § 181 This Oath you see consists of two parts a Supremacy attributed and professed to the Prince Concerning Regal Supremacy How far it seemeth to extend and a Supremacy denyed and renounced to any Forreign power And that I may speak more distinctly in this matter 1. As to the first of these thus much is freely conceded That the Civil Magistrate hath a Supremacy in Spiritual and Ecclesiastical Affairs and that such as none other hath namely this An external coactive power or jurisdiction committed to him by God to enjoyn to his Subjects the observance of the Laws of the Church and of the Laws of God as they are declared to him to be such by the Church and to restrain and punish the transgressors of them whether Clergy or Laity within his Dominions with the Civil Sword which God hath put only into his hands So that no Canons of the Church can be by the Ecclesiasticks or others executed or enforced on the Subject as Laws viz. with external Coaction pecuniary or corporal mulcts or punishments c. before the Secular Prince is pleased to admit such Canons and enroll them amongst his Laws or to concede such coactive power to his Clergy How far also the Kings Supremacy may extend over all Ecclesiastical persons concerning the Investiture and presentation of them so long as their canonical sufficiency is not denyed by the Clergy to such Temporal Church-Possessions as either Princes or others by their permission have conferred on the Church about which hath been in ancient times great Controversy between several Kings of England and the Pope I meddle not to determine Let this for the present be granted as much as any Prince hath claimed It is likewise conceded that in those words of the Oath only Supreme Governor in Spiritual things there is not any thing that expresly extends the Regal Supremacy any further which may be the only supreme power m Ecclesiasticals in one respect and not in another Nor no more is there in the thirty seventh Article of the Church of England which expounds the Kings Supremacy thus That he is to rule all estates and degrees committed to his charge by God whether they be Ecclesiastical or Temporal and to restrain with the Civil Sword the stubborn and evil-doers All which he may do and yet be tyed in all things to obey the Church her Laws and to leave to her the sole judgment who are these evil-doers as to the breaking of Gods Laws or who stubborn and heretical persons And such Regal Supremacy will well consist with another either with a domestick Supremacy of his own Clergy in judging Controversies and promulgating Laws in meerly Spirituals or also with a forreign Supremacy and Jurisdiction of a Patriarch over all the Bishops of his Patriarchy in what Prince's Dominions soever or of a General Council over all Provincial or National Churches If therefore only such a Regal Supremacy as this were intended in the Oath it cannot be justly refused viz. If the Oath should run thus I do testify that the King is the Supreme c. as well in all Spiritual or Ecclesiastical Causes as Temporal that is as this Supremacy is expounded in Article thirty seventh to rule with the Civil Sword all estates and degrees committed to his charge by God whether they be Ecclesiastical or Temporal and to restrain with the Civil Sword the stubborn and evil-doers And if this word such be inserted in the words following And I do testify that no forreign Prince Prelate c. ought to have any such jurisdiction c. And Ergo I do utterly renounce all such forreign Jurisdiction c. You will say what is gained to the King by an Oath so limited This that no Forreign or Domestick
Power within his Dominions may upon any pretence of Religion or other whatsoever either take up himself or licence any others to take up the Civil Sword against the King or make any resistance to him therewith in order to any person or cause whatsoever Which thing sufficiently secures his government and the peace of his Kingdome § 182 2. Again as to the second part of the Oath thus much shall be freely conceded That there is some Supremacy in or dine ad Spiritualia to which no Forreign State or Prelate may lay claim As besides that which is named already to belong only to the Civil Magistrate it shall here be granted as being the opinion of several Catholicks That no General Council hath any authority to make any Ecclesiastical Law which any way entrencheth upon any Civil Right Nor any forreign Prelate hath authority to use a Temporal power over Princes when judged heretical to kill or depose them or absolve their Subjects from their Allegiance Were therefore these words of the Oath understood only of such a Forreign power which opposeth the security of the Queens Civil Government as Dr. Hammond urgeth Schism 7. c. § 17. Or which layeth intolerable burthens and exactions upon the Subjects of the Land i. e. as to temporal matters and which draws after it Positions and Doctrines to the unsufferable prejudice of the Prince's Crown and Dignity to the exemption of all Ecclesiastical persons such as makes them but half-Subjects to the deposing of Kings and disposing of their Kingdomes as Dr. Fern urgeth Examin Champ. 9. c. p. 279 it shall be granted here without disputing any such controversy that the Oath for such thing as this could not be justly refused But after these Concessions now to review the two parts of the Oath again §. 183. n. 1. How far not to see what more might lye in them 1. For the First There is a Supremacy in Spiritual and Ecclesiastical Affairs which the Civil Magistrate cannot justly claim viz. Such Supremacies as these that a Prince may when a Superior Council abroad or the major part of his Clergy at home hath or doth determine against something which he with some few or a lesser part of his Clergy is perswaded to be consonant to the word of God may I say suppress and forbid the Doctrine of those and establish and promulgate the Doctrine of these may thus make and publish new Ecclesiastical Articles or Canons and correct suspend or dispense with former and that where no just pretence of their violating any way his Civil Government That he without any Synodal consent of his Clergy or He with it against the decrees of Superior Councils may change the publick Church Liturgies her Service or Discipline and that when these no way hurtful to the Civil State That the Clergy may not assemble about Spiritual concernments which none deny that they may do even under Heathen Princes but when he pleaseth to call them may teach or promulgate no Ecclesiastical Decisions in matter of Doctrine or Constitutions in matter of Discipline to their flocks being his Subjects unless he first give his consent unto them tho these concern no civil right That he may introduce into Bishopricks whom he approves without the consent of a major part of the present Episcopacy or may displace any or prohibite the function of their office within his Dominions without any concurrence of the Clergy and where is no just pretence of danger to his Secular Government Briefly to use Bishops Carleton's words cited before That he may use any such Spiritual Jurisdiction § 3 as stands in examination of Controversies of Faith judging of Heresies deposing of Hereticks excommunication of notorious offenders Institution and Collation of Benefices and Spiritual Cures All or most of which Supremacies are not Supremacies belonging to the Prince but to the Clergy to Prelates to Councils and Synods Provincial National or higher As hath been laid down in the first and second These See before sect 2.4 and as will appear to any one at the first sight if he will but empty his fancy a little of the prime Patriarch of the Catholick Church his being Anti-Christ and of an erroneous and Superstitious Hierarchy and on the other side of an orthodox and godly Jesias-Prince and seriously consider what a mischief it will bring upon a National Church when the supreme Secular Magistrate thereof is an Heretick or Schismatick and invested with the above-named Supremacies in Spiritual Affairs Nay I may further add to these that there is some Supremacy in Ecclesiastical Affairs which the Protestants themselves or the most Learned of them do not allow to the Prince as this That the Prince alone without the consent of some of his Clergy may make or impose upon his Subjects Ecclesiastical Laws or decide such Controversies And secondly there is another Supremacy which all the Presbyterian Protestants do not allow to the Prince namely that he may prohibite the Church Ministery and Officers from making or imposing any Ecclesiastical Law without his licence and consent first obtained thereto as you may see below § 211. Meanwhile how both these do safely take this Oath there being neither of these limitations by the Oath-imposer mentioned either in it or elsewhere with reference to it nay the contrary being declared concerning the later of these two Supremacies I see not unless the Oath-taker may qualify his Oath according to his own sense To require therefore submission by Oath to such Supremacies of the Civil Magistrate as these now named is not lawful § 184 And that such submission was required from these Bishops is evident I think That submission to the Royal Supremacy in this later kind was required from those Bishops 1. Both from that Supremacy which the Queen at that very time in these very things exercised without any Synodal consent against former Synods a Specimen of which you may see below § 201. in Her Majesties Commission to the Uncanonical Ordainers of Arch-bishop Parker and to the same purpose in Stat. 8. Eliz. 1. and which the Kings Henry and Edward had formerly exercised 2. And from that Supremacy which the Parliaments granted and acknowledged due in these things to the Prince as hath been shewed I think sufficiently in this former discourse they granting to the King all that authority and jurisdiction which any Spiritual person or persons had formerly excepting only the authority of ministery of divine offices in the Church See before § 71. All which authority formerly thus granted by the laws and annexed to the Imperial Crown of this Realm the taker of this Oath is bound to assist and defend The like to which see also in the 1. and 2. Canon Ecclesiast 1603. Altho the former Clergy under Henry the Eighth had never annexed these Supremacies to the Crown See before § 25 or if they had had again under Queen Mary reversed it Neither is it enough for our men for the setling of
warrantably done without a foregoing Synodical vote p. 73. especially when there is just cause of fear that the most of them that should meet are apparently obnoxious to factious interests And p. 72. If the Prince by the law of God stands bound to establish within his dominions whatsoever is evidenced to him by faithful Bishops and Learned men of the Church to be the law of Christ shall he not preform his known duty till the vote of a major part of a Synod give him leave to do it And here I suppose Dr. Fern will grant that the Prince is bound also to establish Christ's Law in which he is accountable if he do amiss 9. c. § 21. whenever it should happen to be evidenced to him by any other tho none of or contrary to the Clergy provided that be first consult and hear the reasons of some at least of his Clergy 3. That Princes may prohibit the decrees even of General Councils when they are evidenced to them non docere legem Christi 9. c. 28. § General Councils being the greatest and highest means of direction which Kings can have in matters of Religion but still with the limitation quatenus docent legem Christi of which I suppose the Prince must judge it being possible that the major part should be swayed by factious or worldly interests therefore Kings and Emperors saith he may have cause given them upon evidence of things unduly carried to use their supreme power for forbidding of their decrees as was done by Theodosius against the second Council of Ephesus and by the Kings of France against the Conventicle of Trent forbidding the decrees of it to be received for the space of fourty years 4ly 9. c. 21. § He approveth The concession of the Clergy under Henry the Eighth in binding themselves by promise in Convocation in verbo Sacerdotis not to enact or promulge or execute any new Canons or Constitutions without the Kings assent Which assent were it required only for securing the Prince that nothing be acted in such Synods prejudicial to his civil rights 't is willingly allowed but it is extended further for the Prince's prohibiting any other decrees whatever when not evidenced to him to be made juxta legem Christi against which if any thing be done in his dominions he remaineth accountable to God as you have seen before § 210 Now to reflect on what Dr. Fern hath said He seemeth 1. first to grant that the Clergy can publickly establish nothing against or without the Prince's consent So that whatever they cannot evidence to the Prince that so he may concur to the publishing thereof they are hindred from promulgating or evidencing it to the people So that they are in such a manner the ordinary Judges and Definers of Controversies as that their definitions if not evidenced to may be suppressed by the Prince nor ought to come abroad to their flocks And how consists this with what he saith 9. c. § 21. That in order to our believing we must attend to the evidence of truth given in or propounded I suppose he meaneth to us by the Pastors of the Church Again how consists this with the Clergy's coercive power 9. c. 19. § upon the Prince if Christian when obstinately gain-saying them Unless his gain-saying can never be called obstinate Will not this follow from hence that the Clergy might not promulgate Anti-Arrianisme in the Empire until they had evidenced it i. e. by his approbation thereof to Constantitus the then Emperor 2. When he saith That a Prince is not bound to take the directions of the whole Clergy or of a Synod but only of some faithful Bishops c. when he hath just cause to fear faction in such Synods he seems in this only to keep a gap open for justifying they past Reformation and in effect to affirm that the Prince may go therein against his Clergy For since the Clergy is a subordinate and regularly-united body he that taketh directions only from some of them whom he knows or doubts and fears to be different in their judgment from the main body taketh directions not from the Clergy but from those that are against them as hath been laid down in the sixth Thesis I mean against them that are the Judges in Spiritual matters and the Definers of things in Controversy and Judges of Heresy what hath been or ought to be condemned as such Without whom therefore the Prince cannot certainly know what is or is not such As for that which is said that the establishments of the Prince are not in order to our believing if Dr. Fern meaneth that the Prince doth not propose what is evidenced to him to be the law of Christ to his Subjects with a requiring of them that they should believe that it is the law of Christ the contrary is clear at least in the practicals enjoyned all which necessarily involve Faith See Chur. Gover. 2. Part 34. § 3. Part 12. § But if he meaneth that the Subjects cannot justly be necessitated to believe what the Prince establisheth so neither are they what the Clergy establisheth in his opinion who I think alloweth to all men judicium disoretivum in respect of any Church-authority 3. The Prince thus establishing Church-matters not upon the Clergy's authority but upon evidence he seems equally to oblige the Prince to establish them by whomsoever evidenced to him or by his own search discovered for what mattereth it to the evidence who bringeth it And then how is the Prince's judgment said to be secondary in respect to the Clergy Indeed if the Prince could always be certain in his evidence so as not to mistake to think something evidenced to him when indeed it is not and not to think other things sufficiently evidenced when they are so there were less hazard in leaving Church-matters thus to his disposal But fince things are much otherwise and evidencing truths to any one by reason of different understandings education passions and interest is a thing very casual so that what is easily evidenceable to another may happen not to be so to the Sovereign power when not patient enough to be informed mis-led and prepossessed by a faction not so capable as some others by defect of nature or learning facile to be perswaded by the last Speaker c what an uncertain and mutable condition would Church-affairs be put in as we see they have been here in England since the times of Henry the Eighth when all the influence of the authority of the Clergy upon the people is cast upon this evidenceing first of their matters to the present Sovereign Power § 211 Concerning Theodosius's Act urged by Dr. Fern the Story in brief is this The second Ephesine Council was General in its Representation but not in the free votes of the Representatives nor in the acceptation thereof by all or the major part of Catholick Churches In it paucis imprudentibus about some Ninety in all obviantibus sacramento verae
Communion extend their Supremacy as far as the Reformed And here it may not be improper to instance in that right which the Kings of Spain enjoy in Sicily which seems to extend even to those Spiritual powers which our Author calls the chiefest And this I find usher'd in by a Roman-Catholick Writer with an assertion quite * Hist of Eccl. Rev by a Learned Priest in France p. 116. opposite to that which is laid down in this Epistle It even surpasses saith he that which Henry the Eighth of England boldly took when he separated from the Church of Rome The King of Spain as King of Sicily pretends to be Legate à latere and born Legate of the H. See so that he and his Viceroys in his absence have the same power over the Sicilians as to the Spiritual that a Legate à latere could have And therefore they who execute that Jurisdiction of Sicily for the King of Spain have power to absolve punish and excommunicate all sorts of persons whether Laicks or Ecclesiasticks Monks Priests Abbots Bishops and even Cardinals themselves that reside in the Kingdom They acknowledge not the Popes Autority being Sovereign Monarchs as to the Spiritual They confess that the Pope hath heretofore given them that priviledge So that his Holiness it seemes thought even those chiefest Powers of the Church alienable but at the same time they pretend that it is not in his power to recall it and so they acknowledge not the Pope for head to whose Tribunal no Appeal can be made because their King has no Superiour as to the Spiritual Moreover this right of superiority is not consider'd as delegate but proper and the King of Sicily or they who hold Jurisdiction in his place and who are Lay-men take the title of Beatissimo Santissimo Padre attributing to themselves in effect in respect of Sicily what the Pope takes to himself in regard of the whole Church and they preside in Provincial Councils As for the title of Head of the Church which taken by the Reformers so much offends our Discourser this Critical Historian farther observes It was matter of great astonishment that in our age Queen Elizabeth took the title of Head of the Church of England But seeing in the Kingdom of Sicily the Female succeeds as well as in England a Princess may take the title of Head of the Church of Sicily and of Beatissimo Santissimo Padre Nay it hath happen'd so already in the time of Jean of Arragon Castile the mother of Charles the 5th So that this Critick concludes that it may be said there are two Popes and two sacred Colledges in the Church to wit the Pope of Rome and the Pope of Sicily to whom also may be added the Pope of England What Jurisdiction Spiritual the King of France challenges will best be learnt from the Liberties of the Gallican Church publish'd by the learned Pitthaeus and to be found in his Works Two of them which seem to come home to our purpose are these * Le Rois tres Chrestiens ont de tout temps selon les occurrences necessitez de leur pays assemblè ou fait assembler Synodes ou Conciles Provinciaux Nationaux esquels entre autres choses importantes à conservation de leur estat se sont aussi traitez les affaires concernans l'ordre discipline Ecclesiastique de leurs pays dont ils ont faict faire Reigles Chapitres Loix Ordonnances Pragmatiques Sanctions sous leur Nom autoritè s' en lisent encor aujourd huy phisieurs ès recueils des Decrets receus par l'Eglise Universelle aucunes approuvees par Conciciles generaux The most Christian King hath had power at all times according to the occurrences and necessity's of his own affairs to assemble or cause to be assembled Synods or Councils Provincial and National and therein to treat not only of such things as tend to the preservation of his State but also of affairs which concern the Order and Discipline of the Church in his own Dominions and therein to make Rules Chapters Laws Ordinances and Pragmatick sanctions in his own Name and by his own Autority Many of which have been received among the Decrees of the Catholique Church and some of them approv'd by General Councils * Le Pape n'envoy point en France Legates à latere avec faculte ' de reformer juger conferer dispenser telles autres qui ont accoustumè d'estre specifiees par les Bulles de leur pouvoir si non a la ' postulation du Roy tres-Christien ou de son consentement le Legat n' use de ses facultez qu' apres avoir baillè promesse au Roy par escrit sous son sein jurè par ses Sainctes Ordres de n' user desdites facultez e's Royaume pays terres Seigneuries de sa sujettion si non tant si longuement qu'il plaira au Roy que si tost que le dit Legat sera adverty de sa volonte ' au contraire il s' en desistera cessera Aussi qu' il n' usera des dites facultez si non pour le regard de celles dont il aura le consentement du Roy conformement à iceluy sans entreprendre ny faire chose au Saincts decrets Conciles generaux Franchises Libertez Privileges de L'Eglise Gallicane des Universitez estatez publiques de ce Royaume Et à cette fin se presentent les facultez de tels Legats a la Cour de Parlement ou elles sont veus examinees verifiees publiees registrees sous telles modifications que la Cour voit estre à fair pour le bien du Royaume suivant lesqnelles modifications se jugent tous les process differents qui surviennent pour raison de ce non autrement The Pope cannot send a Legat à latere into France with power to reform judge collate or dispence or do such other things which use to be specified in the Bull of his Legation except it be upon the desire or with the approbation of the most Christian King Neither can the said Legate execute his Office untill he hath promised the King in writing under his seal and sworn by his holy Orders that he will not use the said Legantine power in his Kingdom Countreys Lands and Dominions any longer then it shall please the King and that so soon as he is admonish'd of the Kings pleasure to the contrary he will cease and forbear and that whilst he doth use it it shall be no otherwise exercis'd then according to the consent of and in conformity to the King without attemping any thing to the prejudice of the Decrees of General Councils the Franchises Liberties and Priviledges of the Gallican Church and the Universities and publique Estates of the Realm And to this end they shall present the Letters of their Legation to
it remains therefore to examine whether he has been a more faithful Relator of our own History and what truth there is in his last Epistolary assertion that he knows not of any Ecclesiastical powers in this Discourse denied to the Prince but what the Kings of England have foregone before Henry the 8th Now whatever in relation to a power in Spirituals is in this Discourse accus'd of Novelty seems easily reducible to these two Heads 1st A Supremacy in Causes Ecclesiastical denied to the Western Patriarch as appears by our Princes taking away all manner of Forreign Jurisdiction prohibiting all appeals to the See of Rome all Bulls from it and in generall all Intercourse with it 2ly The same Supremacy invested in the Sovereign as appears by King Henry's assuming the title of Head of the Church by the Kings making Ecclesiastical Laws by that Synodical act of the Clergy not to assemble or promulgate any Canons without his leave by that power granted to the King to visit Ecclesiastical persons and to reform Errours and Heresies by his collating to Benefices without consent of the Clergy and by hindring Excommunications in foro externo Now in Answer to this charge of Novelty It is confest that the Pope did for some Years usurp such a superiority but then as it is granted that he did de facto claim such a power so that it did de jure belong to him is denied and not only so but farther we affirm that he neither from the beginning challenged such a power nor was he afterwards in so full possession of it but that our Princes have upon Occasion vindicated their own right against all Papal or if he pleaseth Patriarchal Encroachments And here waving the dispute of right I shall confine my self to matter of Fact that being the only case here controverted Where 1st of the Supremacy of the Western-Patriarch That when Austin came over to convert the Saxons no such Supremacy was acknowledg'd by the British Christians is evident from the celebrated Answer of Dinoth Abbot of Bangor to Austin requiring such subjection Notum sit Vobis c. * Spelm. Conc. p. 108. Be it known unto you that we are all subject and obedient to the Church of God and the Pope of Rome but so as we are also to every good pious Christian viz. to love every one in his degree and place in perfect Charity and to help every one by word and deed to attain to be the Sons of God and for other Obedience I know none due to him whom you call the Pope and as little do I know by what right he can challenge to be Father of Fathers As for us we are under the rule of the Bishop of Caerleon upon Vske who is to overlook and govern us under God This is farther manifest from the * Spelm A. C. 601. British Clergy twice refusing in full Synod after mature deliberation to own any such subjection That appeals to Rome were a thing unheard of till Anselms time appears from the application of the Bishops and Barons to him to disswade him from such an attempt * Inauditum in regno suo esse usibus ejus omnino contrarium quemlibet de Principibus praecipue Te tale quid praesumere Eadm p. 39.30 telling him it was a thing unheard of in this Kingdom that any of the Peers and especially one in his station should praesume any such thing That Legates from Rome were for 1100 Years unheard of in this Kingdom we may learn from a memorable passage in the same Historian concerning the Arch-Bishop of Vienna reported to have the Legantine power over England granted him A. C. 1100 * Quod per Angliam auditum in admirationem omnibus venit Inauditum scilicet in Britannia cuncti scientes quemlibet hominum super se vices Apostolicas gerere nisi solum Archiepiscopum Cantuariae Ead. p. 58. 41. The News of which being come to England was very surprizing to all people every one knowing it was a thing unheard of that any one should have Apostolical Jurisdiction over them but the Arch-Bishop of Canterbury And the event of that Legacy was suitable * Quapropter sicut venit ita reversus est à Nemine pro Legato susceptus uec in aliquo Legati officio functus Ibid. for as he came so he return'd being taken by no one for a Legate nor in any thing discharging the office of a Legate That the Church of Canterbury own'd no Superiour Bishop to her own but Christ appears from her being call'd * Ger. Dorob Coll. Hist Angl. 1663. 24. Col. 1615. 60. Omnium nostrum mater communis sub sponsi sui Jesu Christi dispositione and in another place Mater omnium Anglicanarum Ecclesiarum quae suo post Deum proprio laetatur Pastore That appeals to Rome were prohibited in King Henry the 2ds time is manifest from the famous Capitula of Clarendon amongst which this is one Article If any appeals shall happen they ought to proceed from the Arch-deacon to the Bishop and from the Bishop to the Arch-Bishop and if the Arch-Bishop shall fail in doing Justice the last Address is to be made to the King That Doctrines prejudicial to the Popes power were then publickly maintain'd appears from these Propositions amongst others censur'd by Becket 1st That none might appeal to the See Apostolick on any account without the Kings leave 2d That it might not be lawful for an Arch-Bishop or Bishop to depart the Kingdom and come at the Popes Summons without the Kings leave 3d. That no Bishop might Excommunicate any who held of the King in capite nor Interdict his Officers without the Kings leave Which propositions so censur'd are selected out of the Capitula of Clarendon to the Observation of which all the Arch-Bishops Bishops and other Ecclesiasticks even Becket himself amongst the rest tho' afterwards falling of had oblig'd themselves by a solemn Oath acknowledging them to be the customs of the King's Predecessours to wit Henry The 1st his Grandfather and others and that they ought to be kept inviolable by all To what party the Bishops were inclin'd in these differences betwixt the King and Becket we cannot better learn then from Baronius whose severe animadversion on these Praelates wherein he teaches us what Kings are to expect if they displease his Holiness and how dreadful his Fulminations be when they come out with full Apostolick vigour the Reader may peruse in the * Episcopi Angliae suffraganei Sancti Thomae literis ejusdem sui Archiepiscopi Apostolica legatione fungentis exagitati resilientes haud ut par erat parere mandatis salubres admonitiones suscipere Catholicae Ecclesiae utilitati consulere vendicantes eam à miscrrima servitute studuerunt sed ex adverso oppositi pro Rege contra ipsum scriptis verbis factisque repugnant ac tantum abest ut quod eorum muneris erat ad quod suis eos
literis excitaverat ipse Sanctus adversus Regem pro Ecclesia starent redarguerent comminarentur oâ—â—entantes quae in arcu sagittae paratae erant ad feriendum censuras nimirum Ecclesiasticas ab Ecclesia Romana Apostolico vigore prodeuntes ut potius adversus eundem pro Ecclesiae libertate pugnantem Sanctissimum Virum bella cierent telis oppeterent jurgiorum in scandalum omnium ista audientium Episcoporum Orthodoxorum Bar. An. A. C. 1167. Margin A like warm Expostulation upon these proceedings we meet with in Stapleton de tribus Thomis in Thoma Cant. * Quid aliud hic Henricus secundus tecte postulavit quam quod Henricus Octavus completa jam malitia aperte u surpavit nempe ut supremum Ecclesiae caput in Anglia esset What did this Henry the 2d tacitly demand but that which Henry the 8th afterwards openly usurp'd viz. to be Supreme Head of the Church of England and again * Quid hoc est aliud nisi ut Rex Angliae sit apud suos Papâ— what was this but that the King of England should be Pope over his own Subjects So that according to this Author Henry the 8th was not the first of that name who pretended to be Supreme Head of the Church It would be too tedious here to recite the several Statutes made in succeeding Reigns against the Popes Encroachments viz. the 35 of Edw. 1 25 Edv. 3. Stat de provisoribus 27 Ed. 3. c. 1. 38 Ed. 3. c. 1.2 4. stat 2. 2 Ric. 2. c. 3. 12 R. 2. c. 15. 13 R. 2. stat 2. cap. 2. 16 R. 2. c. 5. 2 Hen. 4. cap. 3. 2 Hen. 4. cap. 4. 6 Hen. 4. cap. 1. which speaks of horrible mischiefs and a damnable custom brought in of new in the Court of Rome 7 Hen. 4. cap. 6.8 9 Hen. 4. cap. 8. 3 H. 5. c. 4. Which see collected by Rastal under the title of Provision and Praemunire fol. 325. It may suffice to add the Opinion of our * Cokes Inst l. 4. c. â—4 Lawyers that the Article of the 25 of Hen. 8. c. 19. concerning the prohibition of appeals to Rome is declaratory of the ancient laws of the Realm * 1. Eliz. c. 1. and accordingly the Laws made by King Henry the 8th for extinguishing all forreign power are said to have been made for the Restoring to the Crown of this Realm the Ancient right and Jurisdictions of the same Which rights are destructive of the Supremacy of the Pope as will farther appear by our 2d Inquiry how far the Regal power extended in Causes Ecclesiasticall Where 1st As to the title of Head of the Church we find that * Twisd c. 5. par 2. King Edgar was reputed and wrote himself Pastor Pastorum the Vicar of Christ and by his Laws and Canons assur'd the world he did not in vain assume those titles * Chap. 5. par 14. c. 6. par 8. That our Forefathers stil'd their Kings Patrons Defenders Governours Tutors and Protectors of the Church And the Kings Regimen of the Church is thus exprest by King Edward the Confessor in his laws Rex quia Vicarius summi Regis est ad hoc est constitutus ut regnum terrenum populum Domini super omnia Sanctam veneretur Ecclesiam ejus regat ab injuriosis defendat Leg. Edv. Conf. apud Lamb. Where it is plain that he challenges the power of Governing the Church as being the Vicar of God so that it was but an Artifice in Pope Nicholas the Second to confer on the same King as a priviledge delegated by him what he claim'd as a right deriv'd immediately from God * Vobis posteris vestris Regibus Angliae committimus advocationem ejusdem loci omnium totius Angliae Ecclesiarum ut vice nostra cum Concilio Episcoporum statuatis ubique quae justa sunt To you saith that Pope to the Confessor and your Successours the Kings of England we commit the Advowson of that place and power in our stead to order things with the advice of your Bishops Where by the way if we may argue ad hominem this Concession gives the King of England as much right to the Supremacy over this Church as a like Grant from another Pope to the Earl of Sicily gives the King of Spain to his Spiritual Monarchy over that Province But the Kings of England derive their Charter from a higher Power They challenge from St. Peter himself to be * 1 Pet. II. 13. Supreme and from St. Paul that * Rom. XIII 1. every Soul should be subject to them And the extent of their Regal power may be learn'd from St. Austin who teaches us * In hoc Reges sicut eis divinitus praecipitur Deo serviunt in quantum Reges sunt si in Regno suo bona jubeant mala prohibeant non solum quae pertinent ad humanam societatem verum etiam quae pertinent ad divinam Religionem Aug. contra Crescâ—n l. 3. c. 51. that the Divine right of Kings as such authorized them to make Laws not only in relation to Civil Affairs but also in matters appertaining to divine Religion In pursuance of which 2ly As to the power of making Ecclesiastical Laws That the Kings of England have made Laws not only concerning the External Regimen of the Church but also concerning the proper Functions of the Clergy namely the Keyes of Order and Jurisdiction so far as to regulate the Use of them and oblige the Persons entrusted with them to perform their respective Offices is evident to any one who shall think it worth his leisure to peruse such Laws yet extant A Collection of the Laws made by Ina Alfred Edward Ethelstan Edmund Edgar Ethelred Canutus and others we have publish'd by Mr. Lambard in which we meet with Sanctions concerning Faith Baptism Sacrament of the Lord's Supper Bishops Priests Marriage Observance of Lent appointing of Festivals and the like And here it may not be unseasonable to urge an Autority which our Editor cannot justly decline I mean Mr. Spelman jun. in his Book de Vita Alfredi written by him in English but Publish'd in Latin by the Master of University College in Oxford in the Name of the Alumni of that Society This Author speaking of the Laws made by King Alfred in Causes Ecclesiastical makes this Inference from them * Hae leges hactenus observationem merentur quod ex iis constat etiam illis temporibus Reges Saxonicos Alfredum Edvardum sensisse se Suprematum habere tam in Ecclesiasticos quam in Laicos neque Ecclesiam quae in ipsorum ditione esset esse quid peregrinum vel Principi alicui extraneo subditam domi autem Civitatis legibus solutam quod Anselmus Beckettus aliique deinceps insecuti acriter eontenderunt Vita Alfr. lib. 2. par 12. These Laws do therefore deserve our particular Observation because from them it is evident that the
Act which is by this Author judg'd contrary to his first Thesis is that Statute of King Henry the eighth which orders that no speaking holding or doing against any Laws call'd Spiritual Laws made by Autority of the See of Rome which be repugnant to the Laws and Statutes of the Realm § 34. p. 39. or the King's Praerogative shall be deem'd to be Haeresie from which he infers that the King and Parliament undertake to be Judges of Haeresie Now the King and Parliament do not here in my Opinion take upon them to decide matters of Faith but only to Enact that in such a case the Subject shall not suffer the Punishment usually inflicted on Haereticks Whether such speaking or doing be Haeresie or not they have power to ordain that it shall not be deem'd so i. e. the Speaker shall not suffer as an Haeretick Something parallel to this we have in that Statute of much concernment to use our Author's expression of another Act made 23. Eliz. c. 1. Wherein it is enacted that The Persons who shall withdraw any of the Queens Majesties Subjects from the Religion established by Law to the Romish Religtion shall be to all intents adjudg'd as Traytors and shall suffer as in cases of High Treason and the like of Persons willingly reconcil'd Where without disputing whether every such Reconciler or Reconciled is necessarily for that Act ipso facto a Traytor all that is here enacted is that he shall suffer as such For it is undoubtedly within the reach of the Civil Power to ordain where they will inflict or not inflict their Secular Punishments without being accountable for this to any Autority under God's And it seems very hard that if a Subject expresses himself or acts against such Laws of a Forreigner as are repugnant to the Laws of his own Country there the Prince cannot exempt him from a Writ de Haeretico comburendo without invading the Churches right Another Act condemn'd by Virtue of his 1st and 2d Theses is The Convocation's granting to certain persons to be appointed by the King's Autority to make Ecclesiastical laws §. 43. p. 56. and pursuant to this 42 Articles of Religion publish'd by the Autority of King Edward in the 6th Year of his Reign Now not to engage my self in a dispute Whether these Articles were not really what in the Title praefix'd they are said to be Articuli de quibus in Synodo London A. D. 1552. ad tollendam opinionum dissentionem consensum verae Religionis firmandum inter Episcopos alios eruditos Viros convenerat Regia autoritate in lucem editi I shall only accept of what is by him granted that de illis convenerat inter Episcopos alios eruditos Viros qui erant pars aliqua de Synodo London §. 166. p. 187. So that here is only a part of the Synod employ'd in drawing up these Articles and not any Jurisdiction Spiritual transfer'd from Ecclesiastial persons to Secular which was by him to have been prov'd Another Inference which he deduces from these Theses is the Unlawfulness of the Oath of Supremacy §. 185. p. 214. Now how far the Regal Supremacy is by us extended will best be learnt from our Articles * Art 37. The King's Majesty has the chief power in this Realm of England and other his Dominions Unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all causes doth appertain and is not or ought not to be subject to any forreign Jurisdiction So far for the extent of this power but now for the restraint Where we attribute to the King's Majesty the chief Government by which Titles we understand the minds of some slanderous folks to be offended We give not to our Prince the ministring either of God's word or of the Sacraments the which thing the Injunctions also lately set forth by Q. Elizabeth do most plainly testify but that only Prerogative which We see to have been given always to all Godly Princes in Holy Scriptures by God himself that is that they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the Stubborn evil doers It is therefore by our Author to be prov'd that they who give no more to their Prince then hath been given always to all Godly Princes in Holy Scripture by God himself do alienate to the Secular Governour any Autority or Office which they the Clergy have receiv'd and been charg'd with by Christ with a command to execute the same to the end of the World which being a Contradiction I leave it to him to reconcile That by this Oath or any other Act of Queen Elizabeth a greater Power was either assum'd by her self or given to her by Others then is consistent with that Autority that is given by our Saviour to the Church will be very difficult for any Reasonable man to conceive who shall have recourse to the Injunction of this Queen to which this very Article refers us * Sparrow's Collection pag. 83. Lond. 1684. Where she declares that she neither doth nor ever will challenge any Autority but what was challeng'd and lately us'd by the Noble Kings of famous memory King Henry the 8th and King Edward the 6th which is and was of Ancient time due to the Imperial Crown of this Realm that is under God to have Sovereignty and Rule over all manner of Persons born within these her Realms Dominions and Countreys of what Estate either Ecclesiastical or Temporal soever they be so as no other forreign Power shall or ought to have any Superiority over them And if any Person that hath conceited any other sense of the form of the said Oath shall accept the same Oath with this Interpretation sense or meaning Her Majesty is well pleas'd to accept every such in that behalf as her good and Obedient Subjects and shall acquit them of all manner of penalties contain'd in the act therein mention'd against such as shall peremptorily and obstinately refuse to take the same Oath So that it 's evident from this Injunction that it 's no way here stated what Autority belongs to the Church and what to the Civil Magistrate farther then that the Queen as justly she might challenged what was due of Ancient time to the Imperial Crown of this Realm and neither did nor would challenge more but what that was is not here determin'd and she is content without such Determination if any Person would take this Oath in such a sense as only to exclude all forreign Jurisdiction whether Ecclesiastical or Civil Another Act which He finds repugnant to his his 1st pag. 36. Thesis is King Henry the Eth's claiming a right that no Clergy-man being a Member of the Church of England should exercise the power of the Keys in his Dominions in any Cause or on any Person without his leave
we ought to oppose the benefit she receives from the Protection of a good one Nor is it more true that Constantius an Arrian by his unjustly displacing the Orthodox Bishops procu'd Arrianism to be voted in several Eastern Synods then that the succeeding Emperors by justly displacing the Arrian Bishops procur'd the Nicene Faith to be receiv'd in succeeding Synods But for these mischiefe which a National Synod is liable to our Author has found out as he thinks a Remedy in his Fourth Thesis That a Provincial or National Synod may not lawfully make any definitions in matters of Faith or in reforming some Error or Heresy or other abuse in God's Service contrary to the Decrees of former Superior Synods or contrary to the judgment of the Church Vniversal of the present Age shew'd in her publick Liturgies But there is a Thesis in our Bibles which seems to me the very contradictory of this For saith the Prophet expresly * Hos 4.15 Though Israel transgress yet let not Judah Sin Tho' ten tribes continue corrupted in their Faith yet let the remaining Tribe take care to reform her self For that Judah had sinned and consequently was here commanded to reform is plain from the words of Scripture where it is said that * 2 King c. 17. v. 9. Judah kept not the Commandments of the Lord her God but walk'd in the Statutes of Israel which they made But this argument of National Councils reforming without the leave of General has been manag'd with so great Learning and Demonstration by Arch-Bishop Laud in his Discourse with Fisher and his Lordship's Arguments so clearly vindicated by the Reverend D. Stillingfleet that as it is great Praesumption in this Author to offer any thing in a cause which has had the Honour to have suffer'd under those Pens so neither would it be modest in me to meddle any farther in a Controversie by them exhausted I shall therefore proceed to his Fifth Thesis That could a National Synod make such Definitions yet that a Synod wanting part of the National Clergy unjustly depos'd or restrained and consisting partly of persons unjustly introduc'd partly of those who have been first threatned with Fines Imprisonment and deprivation in case of their Non-conformity to the Princes Injunctions in matters purely Spiritual is not to be accounted a lawful National Synod nor the Acts thereof free and valid especially as to their establishing such Regal Injunctions Now how this is pertinent to our case I can by no means conjecture For it has been shew'd that neither were the Anti-reforming Bps. unjustly depos'd nor the Reformers unjustly introduc'd But what he means by the Clergy's being threatned with fines imprisonment and Deprivation in case of their Non-conformity to the Prince's Injunctions may be learnt from another passage in his Discourse where he tells us that the Clergy being condemn'd in the Kings Bench in a Praemunire for acknowledging the Cardinal's power Legantine and so become liable at the King's pleasure to the Imprisonment of their Persons and Confiscation of their Estates pag 26. did to release themselves of this Praemunire give the King the title of Ecclesiae Cleri Anglicani Protector Supremum caput Which Act saith he so passed by them that as Dr. Hammond acknowledges It is easie to believe that Nothing but the apprehensions of dangers which hung over them by a Praemunire incurred by them could probably have inclined them to it But here we have great reason to complain of the unpardonable praevarication of this Author in so foully misrepraesenting Dr. Hammond Which that it may be the more perspicuous and that the Reader may make from this Instance a true judgment of this Writer's sincerity it will be necessary to transcribe the whole passage as it lies in the Doctor Sch. c 7. §. 5. Though the first act of the Clergy in this was so introduc'd that it is easie to believe that nothing but the apprehension of dangers which hung over them by a Praemunire incurr'd by them could probably have inclin'd them to it and therefore I shall not pretend that it was perfectly an Act of their first will and choice but that which the Necessity of affairs recommended to them Yet the matter of right being upon that occasion taken into their most serious debate in a Synodical way and at last a fit and commodious expression uniformly pitch'd upon by joynt consent of both Houses of Convocation there is no reason to doubt but that they did believe what they did profess their fear being the Occasion of their Debates but the Reasons and Arguments observ'd in debate the causes as in all Charity we are to judge of their Decision Thus the Doctor Now this Prevarication is the more culpable because it is not an Original but copied from Mr. Sergeant whom this Writer cannot but be praesumed to have known to have falsified it For Bishop Bramhal in whose writings we find him very conversant had detected this mis-quotation in Mr. Sergeant and severely Reprimands him for it His words are so applicable to our Author that I cannot excuse my self the Omission of them Bp. Br. Wor. Tom. 1. p. 360. He citeth half a passage out of Dr. Hammond but he doth Dr. Hammond notorious wrong Dr. Hammond speaketh only of the first Preparatory Act which occasion'd them to take the matter of right into a serious debate in a Synodical way he applieth it to the subsequent Act of renunciation after debate Dr. Hammond speaketh of no fear but the fear of the Law the Law of Praemunire an Ancient Law made many ages before Henry the 8th was born the Palladium of England to preserve it from the Usurpations of the Court of Rome but Mr. Sergeant mis-applieth it wholly to the fear of the King 's violent cruelty Lastly he smothers Dr. Hammond's sense express'd clearly by himself that there is no reason to doubt but that they did believe what they did profess the fear being the Occasion of their debates but the reasons or Arguments offer'd in debate the causes as in all charity we are to judge of their Decision He useth not to cite any thing ingenuously This Author must be thought to have read these passages and yet ventured the scandal of promoting this Forgery tho' without the Honor of being the first Inventor of it Such practises as these require little Controversiall skill but much fore-head and we have seen a Machine lately publickly expos'd for this laudable Quality of imbibing whatever is blown into it's Mouth and then ecchoing it forth again without blushing Whether this be not our Author's Talent let the Reader judg as also what Opinion we ought to have of his Modesty who after all this has the confidence to desire us to read together with these his Observations on the Reformation Dr. Hammond of Sch. c. 7. the very Chapter whence this is cited least saith he I may have related some things partially or omitted some things considerable
that the Pope was both for and against the Divorce according as different Interests inclin'd him but this is a truth which it ill becomes a Roman-Catholic to confess All Histories agree that a Bull was brought over by Cardinal Campegio but that this which our Author refers to could be the Copy of that or of any other Bull is absurd to imagine For tho' false Latin and incoherence are perhaps no arguments of its being spurious yet there is in it one Blunder which I dare not think his Holiness could be guilty of The Pope after he has declar'd the Marriage of King Henry with Catharine as being his Brother's Relict null gives the King license to contract a See the Bull in Anti-Sanderus or in Lord Herbert's Hist of King Hen. 8th p. 279. Lond. Edit A. 1683. cum quacunque alia muliere modo ne sit Relicta dicti Fratris tui i. e. with any other Woman provided it be not the same Woman Which one who had not an aversion to a quibble would call a Bull of his Holiness's As for the Clause of Dispensation here cited Luther in all his sallies has not miscall'd that Prince if he was so fatally stupid as that when he pretended scruples of Conscience for having married the Relict of his deceas'd Brother he could at the same time desire the Pope to dispence with his Marrying within the same degree of Affinity The whole series of the original Instructions Messages and Letters which past between Rome and England on that Occasion are all a In Dr. Burnet's Collections Vol. 1st Lond. 1679. extant in which there is not the least mention of a matter of so grand importance We have also the b Burnet's Hist of Ref. Vol 1. Coll. p. 31. Decretal Bull which was desir'd in favour of the King and drawn up in England to be subscrib'd at Rome which yet contains not any such Dispensation But I need not insist any longer in proving this Bull to be inauthentical since I am certain it is more this Author's Interest than ours that it should be so I doubt not but the Reader is satisfied from this one specimen wherein he finds so much falshood crowded up into so little room what esteem he ought to have of this Writer's Integrity Cardinal Wolsey when he discover'd the King's affections setled on Ann Bullen one inclin'd to Lutheranism he proves averse now to what he had formerly advanc'd and delays the decision of the Divorce so long till at last the Pope revok'd the Cause c. I confess there is other Autority for this besides Sanders higher than whom this Author seldome rises But Dr. Burnet whom the Author or at least the Editor ought in justice to have consulted has made it appear from undoubted Records that this is a Mistake c Burn. V. 1. p. 55. The joynt thanks of the King and Ann Bullen to the Cardinal for his diligence and industry in their behalf the d Burn. V. 1. Coll. p. 80. tears and supplications of Dr. Bennet the Cardinal's Agent to the Pope that He would not avocate the cause but leave it in the hands of the Legates and the e Ibid. p. 81. Apologetic Letter of the Pope to Wolsey wherein he excuses himself for having avocated it and thereby griev'd the Cardinal stand upon Record to the contradiction of this dream of Sanders and to the shame of those who after these Authentic Registers are publish'd to the world go on without remorse to transcribe that hardy Writer It is said that some others of the chief of the English Clergy whether it were conscientiously or out of the same disaffection of their's to Ann Bullen I cannot tell much dislik'd the Divorce It is said that is by Sanders whom our Author faithfully translates That some others dislik'd the divorce i. e. besides Wolsey who did not at all dislike it Of the chief of the English Clergy The Bishops use to be esteem'd the chief of the Clergy but we are assur'd from the Autority of all our Historians that all the Bishops did under their Hands and Seals declare the Marriage unlawful except Fisher who doth not amount to our Author 's some others Whether it were out of Conscience or out of the same disaffection of their's to Ann Bullen I cannot tell How aukward this Author is when he would seem to be impartial Had they dislik'd the Divorce He ought in Charity to have judg'd it was out of Conscience if their disaffection to A. Bullen was the same with the Cardinal 's we have found it was none at all After the fall of Wolsey § 19 a Bill was given up in the Parliament held 1530 and the summ demanded from the Clergy as conspiring with the Cardinal of an 100000 l charges that the King had been put to to obtain so many Instruments from Forreign Universities which had decided this Matter Here indeed Sanders fail'd our Historian and therefore this was supplied from Dr. Baylie a fabulous Writer who affects too much the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Oratory to be a slave to truth The Book being not in all hands the Reader will excuse me if for his Diversion and to shew him what Authors this Writer of Church-Government builds upon I entertain him in the a He begins his Legend thus At the time when as the Stars of Heaven frown'd upon the Nation to behold Innocence swaying the Scepter of this Land so misbecomingly in the seven and thirtieth Year of the Reign of the most Noble though unfortunate King Henry the sixth and in the Year one thousand four hundred fifty and nine after the time that a Virgin Daughter had produced her Father and a Creature her Creator when the blessed Vine sprang from the same Grape it bare and the root of Jesse shot from the Spring the Divine Providence brought forth under succour whose after growth made it soon known to the world how worthily he received the 2 Names which both his Christendom and his Parents bestow'd upon him within the Collegiate Church and Town of Beverly scituate within the Province of York about eight score miles distant Northwards from the Head-City of the Nation viz. of John and FISHER He goes on to compare him with John the Baptist not without Ob and Sol. One of his Comparisons it that the First died for saying to King Herod it is not lawful for thee to take thy Brother's Wife The second for saying to King Henry it is not lawful for thee to put away thy Brother's Wife Having shew'd how deservedly the name of JOHN was bestowd upon the Subject of his History he next shews that he deserv'd also to be callâ—d Fâ—SHER being indeed as indeed he was a true FISHER of men So much may suffice to give the Reader a just Idea of this Author's Intellectuals The Conclusion shews how servilely he employ'd them in flattering the Usurper Cromwel whom that party hop'd to make a Proselyte Oliva vera
is not so hard to be construed Oliverus as that it may not be believ'd that a Prophet rather then an Herald gave the common Father of Christendom the now Pope of Rome Innocent the tenth such Ensigns of his Nobility viz. a Dove holding an Olive-branch in her Mouth since it falls short in nothing of both being a Prophesie and fulfilled but only his Highness running into her Arms whose Emblem of Innocence bears him already in her Mouth Life and Death of J. Fisher. Lond. 1655. Margin with the Prologue and Epilogue of that Comedy which the Author of it call's The Life and Death of John Fisher Bishop of Rochester When He has read it he will excuse me if I decline the trouble of so much as considering what relies upon the sole Autority of that raving Legendarie From which Universities the King is said to have procur'd their suffrages for his Divorce not without feeing several of them with great Summs of Money Concerning which see the Testimonies of several Authors produc'd by Sanders p. 49. c. some of those he quotes saying that they had Money offer'd to themselves some that they were Eye witnesses of it receiv'd by others I once indeed thought that Sanders was the most impudent and shameless Writer which ever pretended to History But am now afraid having seen those Forgeries for which that Author has been so deeply stigmatiz'd brought upon the Stage again some may be apt to think there is one Person in the World who has a fairer title to that Character than He. For as if Sanders had not enough of imposture even his Testimony is by this Writer corrupted Some of those saying they had Moneys offer'd to themselves But the Some the they and the themselves do with Sanders amount only to one and he no other then Cochlaeus Nor was Money offer'd to him for his suffrage as it is here represented but on condition He would write a book in Defence of the King's cause or give himself the trouble of collecting the Sentences of the German Universities in favour of it So that were Cochlaeus a Person of credit and we oblig'd to believe him this would be capable of a fair Interpretation and the Money might justly be presum'd offerd not as a Bribe but a Reward Some that they were Eye-witnesses of it receiv'd by Others But the some and the Eye-witnesses are again but one unknown Bishop of Brasile As for this Calumny of Sanders concerning the buying of Subscriptions the Reader will find a full Confutation of it in a Burn. Hist Vol. 1. p. 89. 90. Dr. Burnet who amongst other undoubted Evidences of the falshood of this Scandal has given us the Original Letters of the King's Agents wherein with the greatest earnestness imaginable they labour to satisfie the King that his Instructions not to corrupt Subscribers had been religiously observ'd Tho' with your leave to make a little digression concerning this Controversie these Universities at least some of them consider'd only the point of the unlawfulness of one Marrying his Brother's Wife when such Marriage was consummate by carnal knowing her Without considering that Circumstance whether Catherine was carnally known by her first Husband It is only his Modesty to call this a Digression for it is as much to his purpose as that which goes before or follows after It is true that some of the forreign Universities do mention the Consummation But a See these Censures of the Universities Bur. V. 1. Coll. p. 89. they put no other Terms in their Answer then was propos'd to them in the Question so that this is no Argument that their Sentence did not reach the King's case but that the Consummation by Arthur was not then doubted of since the Question was propos'd by the King's Agents indifferently sometimes with sometimes without that Limitation It is therefore an impertinent Observation which is here made of their not considering whether Catherine was carnally known or not by her first Husband since they were desir'd only to answer a speculative Question not to judge of a matter of fact Prince Arthur being thought some-what infirm and being but fifteen years old when he Married her and dying shortly after In Latin thus b Sand. de Sch. p. 2. Edit Colon. 1628. Eo quod Arthurus decimum quintum aetatis annum vix dum attingens ex lento praeterea morbo laboraret cujus tabe post quintum mensem confectus ex hac vita migravit So the 2 Deponents Sanders and this Author But the c See the Depositions taken from the Original Records Herbert p. 270. Witnesses examin'd upon Oath before the Legats depos'd that Pr. Arthur was above fifteen at the time of his Marriage of a good and Sanguine Complexion vigorous and robust that he bedded with his Princess every Night and that the decay of which he died was imputed to his excesses in the Bed You may see if you have the curiosity what is said for the consummation of that Marriage in Fox against it in Sanders Not to indulge our curiosity too far it may with modesty be affirm'd that the forsan cognitam in the a See the Bull and Breve in Lord Herbert p. 264. Bull and the cognitam without forsan in the Breve and these words not put into the body of either as a Clause to make the Dispensation more large but in the Preamble as part of the matter of Fact represented to the Pope the b Bur. V. 1. p. 35. not giving Prince Henry the title of Prince of Wales for half an Year after Arthur's death the c Lord Herbert p. 270. Solemn benediction of the Nuptial Bed the d Ibid. Depositions of so many honourable Witnesses of their being constantly bedded together the e Fox's Acts and Mon. p. 1051. Edit Lond. 1583. proofs taken by the Spanish Embassadors of the consummation of the Marriage and the f Lord Herbert p. 271. Expressions of Prince Arthur to his Servants which implied the same are greater Arguments for the Affirmative then any thing which is by Sanders or can be by this Author advanc'd for the Negative Tho' the former Marriage had been consummate many Learned Men of that Age of several Nations amongst whom were Fisher Bishop of Rochester and Tonstal Bishop of Duresme whom you may find diligently reckon'd up to the Number of almost Twenty by Sanders wrote books in Justification that the Marriage of Henry with Catherine was a matter dispensable It has been already said that all the Bishops except Fisher had given it under their Hands and Seals that the King's Marriage was unlawful In all the Memorials of those times Fisher is the only Bishop we find mention'd to have wrote for it If Tonstal wrote for it yet the Bishop of Duresme did not For Tonstal's book according to a Sand. p. 42. Sanders who is this Man's Author was given in to the Legates and Tonstal then was Bishop of
need to meddle with any other since We never did own the Autority of any but what were so establish'd I need not speak any thing to the 25th Paragraph §. 25.26 because what is said there is unsaid in the 26th But our Author has a Supposal here which may deserve a Remark He supposes that Gardiner retracted his acknowledgment of a Regal Supremacy for this reason because by sad experience he saw it much enlarg'd beyond those bounds within which only they formerly had maintain'd it just § 46 But else-where this same Author will suppose that Gardiner was ensnar'd in King Edward's time by that Sense of Supremacy of which he had been a Zealous abettor in King Henry's and this Sense which Gardiner had of King Henry's Supremacy in another Paragraph is said to have been gross and impure § 37 and to have extended the King's power even to the Alteration of Faith and Doctrines beyond which bounds I would learn of this Author how it could be enlarg'd In this methinks he is something Autocatacritical If it can be worth our while to look back upon what has been perform'd in this Chapter We shall find that Nothing farther has been advanc'd then that the Clergy gave King Henry the Title of Supreme promis'd to enact no new Canons without the King's Assent and requested that the Old ones might be Reform'd The rest of his Discourse is only flourish which our Author made Use of that he might have the greater scope for his Invention All that is matetial in 7 Leaves might have been compriz'd in fewer Words and this would have heightned our Esteem of the Author tho' it might have deprest the price of the Pamphlet A Reply to his 3d Chapter § 26 WE are come now to our Author's Second Head the Supremacy of King Henry is still the Topick i. e. He is still writing against his Forefathers the Roman-Catholics The Extent of this Supremacy he takes from Acts of Parliament Repeal'd and not Repeal'd make no difference with him All the Expressions which seem to extend the Supremacy are invidiously rak'd together and those which limit it craftily supprest The Statutes are put upon the rack and because the Text doth not speak plain enough our Author has added his Gloss He tells us that the Clergy having given the King the Title of Supreme the Parliament vested in him all Jurisdiction to the said Dignity belonging The Parliament gave the King no New Jurisdiction but restor'd the Old nor did they place in him any Power but what was recognized by the Clergy who certainly did not delude the King with the Complement of an empty Title The extent of this Jurisdiction annex'd to the Crown He will have us learn from the 1st of Q. Elizabeth but it seems more proper to learn it from the words of the same Statute of King Henry His Comments upon the Ecclesiastical Jurisdiction here ascrib'd to the Prince might have been spar'd if he had attended to an easie distinction frequently met with in our Writers They divide Ecclesiastical Jurisdiction into Internal the inward Government which is in the Court of Conscience or External that which is practis'd in exterior Courts That proceeds by Spiritual Censures this by force and corporal Punishments That is appropriated to the Clergy and incommunicable to the Secular power this is originally inherent in the Civil Supreme and from him deriv'd to Ecclesiastic Governours Ecclesiastical Jurisdiction when said to be annex'd to the Crown ought to be understood in the latter Sense This also answers what is here cited from the Reformatio Legum tho' what is urg'd thence needs no Reply that Book having never been ratified by any Autoritative Act of our Church § 28 In Virtue of this Jurisdiction translated to the King by another Act of Parliament 25. Hen. 8.21 c. the Supreme power of giving all manner of Licenses Dispensations Faculties c. For all Laws and Constitutions merely Ecclesiastical and in all Causes not being contrary to the Scriptures and Laws of God is not only taken from the Pope but the Clergy too Nothing is done in that Act by Virtue of any new-Jurisdiction translated to the King but by this power originally inherent in the Sovereign Every Government has a right to dispence with it's own Acts and nothing farther is challeng'd in that Statute No Ecclesiastical Constitutions had ever the force of Laws in this Kingdom but from the Legislative power of the Realm and the same power which gave them life might dispense with them This the Act saith is evident not only from the wholesom Acts made in King Henry's Reign but from those made in the time of his Noble Progenitors It was not therefore a power now first attributed to the Prince but his Ancient Right for some Years indeed usurp'd by the Pope but now vindicated This is the true import of that Statute which when it is fairly represented is at the same time justified The power of granting Licenses is indeed taken from the Pope to whom it never rightly belonged but not from the Clergy it being expresly provided in the Act that all Licenses be granted by the Arch-Bishop or 2 Spiritual Persons In case of the Arch-Bishop's refusal the Court of Chancery is to judge whether such refusal be out of Contumacy which power of the Chancery if it be contrary to our Author's 8th Thesis it ought the rather to be excus'd since the a p. 34. Animadverter has observ'd that that Thesis is contrary to it self His Notion of the Parliament's coordinacy with the King in the Supremacy I leave to the Censure of the Learned in the Law this Act I am sure whence he infers it positively asserts the King to be Supreme § 29 By Virtue of the same Supremacy translated to the King the necessity of the Metropolitan's being confirm'd by the Patriarch is taken away The Statute whence he collects this mentions neither Metropolitan nor Patriarch It enacts indeed that no Person of this Realm shall be presented to the Bishop of Rome otherwise cal'd the Pope to or for the office of Bishop or Arch-Bishop of this Realm But the Arch-Bishops of this Realm are such Metropolitans as ow no Subjection to any Patriarch and therefore have no necessity of being confirm'd by him Nor doth the Statute take away any such Necessity for it supposes none The King's Presentation to a Bishoprick against which he is so warm was no new Usurpation but an ancient Right had he liv'd some Centuries before the Reformation he would have had this Grievance to complain of The 2 next Paragraphs he tells us he had set down before §. 30. and 31. and I see no reason why they are repeated but for the Reader 's mortification The 32d Paragraph is that which has got the particle a See the Animadv p. 65. as in it The said Arch-Bishop when no Arch-Bishop had been mention'd before is another of our Author's Idioms in the same Period
's of England were always Supreme Nor is this Nomination at all injurious to the Divine Right of Bishops which is not deriv'd from the Persons Electing or Nominating but the Pastors Consecrating But we have him again crying out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He finds the King and Parliament authorizing Arch-Bishops Bishops c. By Virtue of their Acts to take Informations concerning the not using of the Common-Prayer c. Therein prescrib'd and to punish the same by Excommunication c. The first and last of these cs are very artificially placed for corrupting the Text. After Bishops should have follow'd Chancellors and Commissaries after Excommunication Sequestration and other Censures and Processes So that the Autority given by this Act doth not necessarily respect the Bishops and that Power of Excommunicating which they have jure divino but may relate to the power given to Chancellors and Commissaries and other Officers who plead no such divine right to their respective Functions or if the Bishops are included yet not so as that they derive the power of Excommunicating from this Act but of inflicting the other punish-ments which by this Act may be inflicted Or let us suppose the Bishops authoriz'd by this Act to Excommunicate and Excommunication taken in the strictest sense for internal Censures yet this will be no injury to their Jus divinum untill it be prov'd that because God has gave the Bishops a power to Excommunicate therefore the King may not command them to put it in Execution where there is a just Cause § 41 He finds 32 Persons commission'd to reform the Laws Ecclesiastical But this he found before in King Henry's Reign where it has already been consider'd and whither I refer the Reader as often as this Author shall be pleas'd to remind us of this Discovery § 42 He finds Six Prelates and Six others commissioned to make a new form of Consecration of Bishop's and Priests He might have found that this Act as well as the former was made at the a See the Petitions of the Clergy Burn. Vol. 2. p. 47. request of the Convocation Nothing is by him excepted against the Form it self and for the Autority the Synod petition'd such a Commission might be granted the b Six Prelates and six Divines Bur. V. 2. p. 141. Persons commission'd were all Clergy Men and c King Edwards Articles Art 35. Bur. V. 2. Coll. p. 218. the Synod confirm'd it when done As for the Oath against the Pope inserted in the new Ordinal it was by birth a Roman-Catholic d Fox p. 1092. King Henry's Bishops took it without scruple That e Compare the Oath in Fox with the Oath of Supremacy as it now stands part of it which this Author thinks most offensive is since put out and he may be as severe as he pleaseth upon a Non-entity The Heretical Catechism in the 43d Paragraph shall be spoken to when it meets us agen in the 166th § 43 The 44th would justifie a Protestation of Bishop Bonner's which that Bishop himself a Bur. V. 2. Coll. p. 112. recanted He is angry at Fox for calling that Protestation Popish But the Prelate himself in his recantation of it calls it unadvised of ill ex-example unreasonable and undutifull If Fox abuses the Bishop it is because Popish signifies something worse then all these § 45 We are next entertain'd with a confus'd Catalogue of Articles propos'd to Bishop Gardiner's Subscription together with our Author's Notes upon them One of the most pertinent Notes would have been that Bishop b Fox p. 1350. 1357. Gardiner subscrib'd most of these Articles but this was not for his Interest to observe His remark is that tho' in some of these Articles the Autority of Parliament is mention'd yet in none of these is any thing said of the Consent of the Clergy as necessary to make such Parliamentary or Regal injunctions valid That the consent of the Clergy was urg'd to this Bishop I hope he does not deny I am sure c §. 110. it is urg'd by r. that in the charge given in against Gardiner it is said that the Injunctions were of all men for all sorts obediently receiv'd And that this charge was given in is not denied in the Reply to r. §. 119. elsewhere He confesses it The meaning must be that this consent was not urg'd under the modality of making the Regal Injunctions valid Nor do I see any Necessity it should for Gardiner had not yet so far refin'd his gross sense of the Supremacy but that he still own'd his Obligation to obey His Majestie 's Godly Injunctions and Ordinances concerning Religion Neither could the Imposers of these Injunctions according to their Principles lay so great a stress on the consent of the Clergy for if the matter of the Injunctions was unlawful no Church-Autority could make them lawful but if it was agreeable to the Law of God then the Civil Autority without the Synodal if that had been wanting was sufficient From this idle remark the Author has rais'd as idle a Consequence From this non-mentioning the consent of the Clergy he collects that when the Synodal consent of the Clergy is any where else mention'd as sometimes it is it is not to add any Autority to these Injunctions thereby Now to me it seemes a wild Inference that because the Synodal consent was once not urg'd as necessary therefore when-ever it was urg'd it was thought to add no Autority I may certainly obey my Prince in a thing lawful tho' my Pastor doth not at the same time exact this Obedience from me But when they both require the same Duty there ariseth a new tie of Obedience and I am now under a double Obligation But least we should wonder why the King and Parliament never pleaded any Necessity of the Synodal consent the Author conjectures the reasons to be 1st Because some of the Voters were displac'd and so their suffrage less Authentical But these places were supplied and then I would know why those who succeeded into their Pastoral charge did not also succeed into their Synodal Autority and if so why the Reformers should think the Act of a Synod less Authentical when Ridley sat there than when Bonner did His second reason is Because they saw that the Laws of this National Clergy could stand in no force but so would also the Laws of the Church and her Synods which were superior to the English Clergy And if the King urg'd his and his Subject's freedom from the Laws of the Church Vniversal so must He also from the Laws of his own Church National Church Superior Synods and the Church-Vniversal are words which sound big but when they come to be construed the Laws of the Church signifie Papal Decrees Superior Synods are put for any Council that is forreign and the Church-Vniversal dwindles into Roman-Catholic In this case I hope we may obey our Lawful Pastors tho' we reject an Usurper
of it was allow'd to have no power in Causes Ecclesiastical Nor is the Clergy which here reverses repeals and ejects less liable to Exceptions For the first change was not of Religion but of the Pastors and the Reforming Bishops were ejected before the Reformation c See them reckon'd by this Author §. 53. Thirteen Prelates we find depriv'd to make room for a reversing Hierarchy and of d Bur. V. 2. p. 276. Sixteen-thousand Inferior Clergy-men as they were then computed 12000 turn'd out for committing the unpardonable Sin of Matrimony As for the Autority of the State i. e. the Parliament it was none we were told in the 2 former Reigns and sure it had no advantage in this if it be remembred how a Burn. V. 2. p. 252. Elections were manag'd and how predominant Spanish Gold was The 4 next Paragraphs give us an account of the Restitution of things made in Q. Mary's days § 49 50.51.52 which I allow and only desire the Reader to carry a long with him what has been hinted of the manner of it § 53 Paragraph the 53d questions whether this Clergy in Q. Mary's days were a lawfull Clergy §. 54. ad §. 65. And the succeeding pages endeavour their Vindication The Bishops ejected by Q. Mary he has numbred from Fox but least we should have too much truth together has took care to qualifie it with his Paratheses Fox mentioning Hooper ejected from Worcester it is added he might have said from Glocester too for Hooper in the latter end of Edward the 6th 's time held both these Sees together in Commendam Our Author might have spar'd this Observation from Sanders had he consulted the b Burn. V. 2. App. p. 396. Appendix to the History of the Reformation where this lie of Sanders is confuted Hooper was first made Bishop of Glocester which before King Henry the 8th 's time had been part of the Bishoprick of Worcester In King Edward's time these Sees were reunited so that Hooper had not two Bishopricks but one that had for some Years been divided into two He only enjoy'd the revenue of Glocester For Worcester Latimer for Non-conformity to the Six Articles had been ejected out of it or for fear resign'd it yet for what reason I know not could not in King Edward's time be restor'd to it This again is a transcript from the inexhaustible a Sand. p. 181. Sanders Latimer b Bur. V. 2. App. p. 385. 392. Hist V. 2. p. 95. was not ejected but freely resign'd his Bishoprick upon passing the Six Articles with which he could not comply with a good Conscience In King Edward's time the House of Commons interpos'd to repossess him but he refus'd to accept of any Preferment Taylor was remov'd from Lincoln by death not by the Queen as appears from Fox p. 1282. Q. Mary's c Bur. V. 2. Coll p 257. Commission for displacing the Bishops is extant amongst which Taylor is one Fox positively saith He was depriv'd He saith indeed in the place cited that he died but not that his Death was before his Deprivation Having given us this Catalogue of the ejected thus adulterated with his false mixtures he desires us in Vindication of the just Autority of Q. Mary's Clergy to take notice That the Ejection of Bishops in Q. Mary's days was not the First but Second Ejection the first being made in King Edward's time when Gardiner Bonner Tonstal Day Heath Vesy were remov'd from their Sees But here we have a Supernumerary put in to enhance the Catalogue Vesy d Godw. Catal. of Bishops was not depriv'd but did resign His Character in History is so scandalous that he ought to have been depriv'd and therefore it had been pardonable to have guess'd that he was but it was unlucky to assert it Probably he saith some others were remov'd from their Sees To which it may be enough to answer probably not I find not the Ecclesiastical History of those times accurately written by any An Accurate Writer in his Sense is one who favours his own Cause and is careful to insert a necessary Supplement of his own where the History wants it His admir'd Sanders is in this Sense accurate enough but not so accurate as our Author could have wish'd Nor Mr. Fox to use the same diligence in numbring the change of Clergy under King Edward as he doth that under Q. Mary As for the Bishops which are the Clergy here meant Fox mentions the Deprivation of all that were depriv'd and it is because He had not this Author's diligence that he named no more Something may be conjectur'd from those general words of his For the most part the Bishops were chang'd and the dumb Prelate compel'd to give place to others that would preach Mr. Fox was no great Master of Style nor rigorous in his Expressions from which our Author would make advantage But it is a sign his cause is desperate when he is forc'd thus to build upon empty conjectures The Deprivation of Bishops is not a matter of so little importance that our Historians should take no notice of it but amongst them all We find no more Depriv'd then have been mention'd Dr. Heylin and Dr. Burnet have been very exact in this particular but they have not arriv'd to our Author's diligence and accuracy He must therefore be content with the ejection of only 5 Bishops in King Edwardâ—s time which he promises us to prove not lawful and consequently the ejected justly restor'd and the introduc'd justly ejected in Q. Mary's time The ejection he proves not lawful Because 1st Not done by Lawful Autority 2ly Nor for a Lawful Cause § 55 1st Not done by lawful Autority Because the Bishops being tried for Matters Ecclesiastical their Judges were the King's Commissioners But neither is it true at least not prov'd that they were tried for Matters Ecclesiastical Nor is it true that the King's Commissioners amongst whom was the Metropolitan were not proper Judges in such Causes as has been prov'd by the Animadverter Nor can the Autority of such Commissioners tho' unlawful be declin'd by this Writer who presently will prove the Bishops in Q. Mary's time ejected by lawful Judges Who yet were no other then that Queen's Commissioners So that there is in this one Period such a complication of falshood as nothing can match but what follows concerning the Causes of their Deprivation The Causes he supposeth to be all the Articles of Popery as distinct to the Religion Reform'd Their not owning the King's Supremacy Non-conformity to his Injunctions Not-relinquishing the Use of former Church-Liturgies Not conforming to the New-Service and other Innovations He supposes he has by this time confirm'd his Autority with the Reader so far that he will credit his bare assertion without vouching any History But it is impossible He could have falsified so grosly had not an implicite Faith in Sanders given him over to a Spirit of delusion Tonstal
a Bur. V. 2. App. p. 390. 391. was depriv'd for Misprision of Treason He was a firm Friend of the Protector and so well satisfied with the first changes which were made that he is complain'd of by Gardiner as well as Cranmer in a Letter which he wrote to the Protector b Ibid. Bonner and Gardiner were depriv'd for not Preaching up the King's Autority to be the same under Age as after which is a point purely Secular and relating to the Constitutions of this Government c Bur. Hist V. 2. p. 70. Gardiner in the Sermon for an Omission in which he was depriv'd exprest himself very fully concerning the Pope's Supremacy as justly abolish'd and the Suppression of Monasteries and Chantries approv'd of the King's proceedings thought Images might have been well us'd but yet might be taken away approv'd of Communion in both kinds of the abolition of Masses and new Order of Communion asserted indeed the Corporal Presence but that was not yet declar'd against a Bur. V. 2. p. 121. Bonner complied so easily with every Order of Council that it was not easie to find any complaint against him b Bur. V. 2. App. p. 390. Heath and Day complied with all the changes that were made in the first 4 Years of this King's reign and both preach'd and wrote for them They were depriv'd by Lay-Delegates in the 5th Year of King Edward and my Author hence guesses it was for some Offence against the State After this account I need not be sollicitous to examine Whether the Causes assign'd by our Author were just Causes of deprivation or not having prov'd that they were not at all the Causes As for the Ejection of the rest of King Edward's Bishops by Q. Mary this he saith will be justifiable if done 1st For a lawful Cause 2ly By a lawful Judge which therefore he assigns The Causes here he supposes to be all the Articles of Reformation as distinct to Popery viz. Marriage of Clergy denying the Papal and asserting the Regal Supremacy accusing the Church-Service of Idolatry denying the corporal presence in the Eucharist or that it was a propitiatory Sacrifice c. This again he asserts upon his own Autority which had need to be great since it contradicts all others Of the Bishops ejected by Q. Mary besides c Bur. Hist V. 2. p. 247. those who made room for the re-entrance of the former Possessors not unjustly ejected so far as has yet appeâ—â—â—d and therefore unjustly reintroduc'd d Bur. V. 2. Coll. p. 256. Four of them Holgate Farrars Bird and Bush were ejected for Marriage e Ibid. p. 257. Three others Taylor Hooper and Harley were depriv'd by Delegates who were empower'd to declare their Sees void as they were already void a Bur. V. 2. p. 275. Barlow was made to resign b Bur. V. 2. p. 257. Cranmer the only remaining Bishop in the Catalogue was esteem'd Arch-Bishop till he was degraded for Heresie so that he indeed was depriv'd of his See and of his Life together for the Causes alledg'd Now as for those which were ejected for Marriage it was warranted by the Law of God the Autority of the Primitive Church the Statutes of the Realm and the Synodical Act of the English Clergy Nor is it to any purpose which our Author urges that these Acts of the Parliament and Synod were repeal'd since a repeal could only abrogate the Law for the future not void it from the beginning it might make that Marriage should be not that it should have been unlawful it might legitimate the proceedings against these Bishops if they retain'd their Wives not warrant the deprivation of them for what was past Nor is it more material which is here urg'd that the Laws which legitimated such Marriage were void in their making as being contrary to the Canons of Superior Councils untill it be proved that those Councils which prohibited such Marriage were our lawful Superiors and if so had power to lay such a Yoke upon their Subjects For these Councils he refers me to the Discourse of Celibacy and for a Reply I refer him to the Answer to it As for the next 3 Bishops Taylor Hooper and Harley their Judges were not to seek for a Cause who had power to declare their Sees void as they were already void But let us at last suppose the Causes of their Deprivation the same as are by him alleg'd as it is confest they were the Causes for which Cranmer was depriv'd and for which He and others were burnt Yet whether these were just Causes of Deprivation or not doth not depend upon this Man 's confident Assertion but on the truth of the thing It seems something arrogant thus Magisterially in one breath to condemn all those Doctrines of the Reformation which have hitherto stood the shock against all their Arguments and their Faggots their Bellarmines and their Bonners The Reformers for some Years have been writing and dying in Justification of these Doctrines and doth this Author at last think that the very naming of them is Evidence enough that those Bishops who were ejected for their adherence to them were rightfully ejected as to the Cause But it is enough with these Men to condemn an Opinion that it is not their own For as for the truth of particular Doctrines whether there be a Trinity whether Christ and the Holy Ghost be God or the like these we are told a Guide in Controv. Preface are things that trouble none who hath once undergone the Mortification of dethroning his own Judgment and hath captivated it to the Unity of the Church's Faith But as they were regularly ejected as to the cause so they were as to the Judg they being not ejected he saith by the Queen's Commissioners but by the delegates of the Western Patriarch This not to speak too bluntly is a b Book of Educ p. 294. Edit Ox. 1677. Gasconade with a Witness Had not the World been presented with a Collection of Records such an Assertion as this would have been more tolerable but to tell us they were not depriv'd by the Queen's Commissioners when we can have recourse to the c Bur. Vol. 2. Coll. p. 256. 257. Original Commissions by which they were depriv'd became one who writes as if he had no reputation to lose But the Judges were to be prov'd Canonical the Delegates of the Prince had before been affirm'd to be Uncanonical and this being a knot impossible to be untied the Knight-Errant boldly cuts it § 65 Having prov'd that these Bishops were regularly ejected as to the cause and as to the Judge the next Question is whether they were regularly burnt too As for the burning of Heretics it is to be consider'd He saith that the Secular Laws not Ecclesiastical appoint it and the Secular Magistrates not Ecclesiastical execute it This amounts to no more than that Kings are the Pope's Executioners they are requir'd to
extirpate Heretics upon pain of being themselves extirpated and if they will not be active must be passive It is farther observ'd that Protestant Princes as well as Catholic have thought fit to execute this Law upon Heretics He instances in Joan of Kent and George Paris burnt in Edward the Sixth's days But these suffer'd for Impieties directly against the Creed a B. V. 2. p. 111. Joan of Kent for denying that Christ was incarnate of the Virgin Mary b Ibid p. 112. George Paris for denying that he was God We have King Edward's c Ibid tears recorded which he shed upon signing the warrant for Joan of Kent's execution but I have not read of any tears shed upon that Occasion by Q. Mary Some other Anabaptists condemn'd and recanting were enjoyn'd to bear their Faggots But d Ibid. p. 111. the Opinions of these Anabaptists would have made an Anticreed to that of the Apostles and bearing the Faggot is ill oppos'd to the cruelty of that Reign when e Cranmer's case recanting did not exempt from burning In Henry the 8th 's time Cromwel pronounc'd Sentence on Lambert to be burnt I never read before that King Henry was a Protestant Prince Arch-Bishop Cranmer committed to the Counter Thomas Dob a Master of Arts who also died in prison The Consequence is that Protestant Princes burn Heretics In Q. Elizabeth's time Lewes and Hammond were burnt for Heretics Hammond's Impieties against God and his Christ were such as a Cambd. Hist of Eliz. p. 235. Edit Lond. 1675. Mr. Cambden will not mention but desires they may be buried in Oblivion Lewis was an Heretic of the same Magnitude Hacket was executed for Heresy and Blasphemy b Ful. Hist Book 9 â—h p. 205. Such blasphemies as might have been utter'd by a faln Angel Coppin and Thocker were hang'd for publishing Brown's book against the Common-prayer But c Stow's Chron. Q. Eliz. p. 696. that book full of Sedition against the State In King James's time Bartholomew Legate was burnt for an Heretic But d See his Opinions Full. l. 10. p. 62. he an Arrius Redivivus As for the Statute of King James An. 3. Jac. 4. c. it does not punish the reconcil'd as Heretics but as Traytors The Crime there reputed Treason is with-drawing the Natural Obedience from the Prince and none can suffer by that Act who takes the Oaths of Allegiance and Supremacy Had the Writ de Haeretico comburendo lain as quiet as this Act We should not have reflected with so much horror on the Cruelty of the C. of Rome This instancing in a Statute made only in terrorem and never put in Execution tho' the demerits of some Apostates have been sufficiently provoking would tempt one to look back into the last Century and review the Treasons and Rebellions which extorted the making of that Statute but I forbear to pursue this Topick least too warm a zeal against the disloyalty of that party be it self interpreted dis-loyal § 66 Having shew'd us the Protestant's judgment concerning the justness of burning Hereticks he next gives us his own Sentiments The ignorant Laity and illiterate Clergy he in his great mercy rescues from the Faggot and condemns only to Poverty and Prisons This in Spain or Italy had been a great Act of grace but He might be sure few of our Laity or Clergy could plead the benefit of it The Fathers of the Church and Learned Sons of it are not mention'd in this Indulgence and there seems to be no reserve for them Indeed He had stretcht his kindness too far in favour of the Haereticis credentes and as if he repented confesses some of them to have been extremely arrogant and ignorant It provokes his Indignation that Mechanics should dispute with Bishops But the advantage these Mechanics had in the cause made amends for the imparity of the Advocates And after all Bonner and the Miller were not such unequal Disputants as He would perswade Us. They relied he saith on the uncertainty of their own Judgment But this Protestant certainty such as has been prov'd to rise as high as the Popish Infallibility He is not satisfied that the Relations of these disputes are pen'd with Integrity Indeed the reasonings of the Roman Prelates and Doctors are such as One would be apt to think them mis-related but when I read our Modern Controvertists I begin to have a great respect for their Fore-fathers The next Paragraphs tell us §. 67.68 that if the Ejection of these Bishops were lawful then the Introduction of others will be so too tho' 1. Whilst they living 2ly Without the Metropolitan's consent But I am so well satisfied he has not prov'd the lawfulness of the Ejection that I shall not dispute with him concerning the Consequences of it Our Author him-self who doth not use to be scrupulous seems here unsatisfied with his own performances For being conscious he has not prov'd Q. Mary's Clergy lawful § 69 He has another hold to which he makes his last retreat He is willing to justifie Q. Mary's re-establishment of the former Religion even without her own Clergy from the Autority of Superior Synods This he knows is part of our Plea but with this advantage on our side that Whereas he will have the Prince oblig'd to execute the Church's Canons without Inferior license We think him much more concern'd to provide for the Execution of Christ's Laws without such consent of the Clergy What has been said in this Chapter cannot want a Recapitulation The ejection of Bishops in King Edward's time was to have been prov'd unlawful because for an unlawful Cause and by an unlawful Judge the ejection of Bishops in Q. Mary's time lawful because for a lawful Cause and by a lawful Judge the Judges in both cases were the same viz. the Commissioners of each Prince the Causes in neither are rightly assign'd and of those which are assign'd Nothing is said to prove their respective lawfulness or unlawfulness This is the great Argument of the Chapter to repeat all the fals-hoods in it would be to transcribe it A Reply to his 6th Chapter THat the former Supremacy was reassum'd by Q. Elizabeth §. 70.71 is confest Thus much is said in the Title of this Chapter and no more in 3 pages of it Some bounds of this Supremacy are own'd to be assign'd by Protestant Writers § 72 Who therefore are wrong'd by this Author when they are represented as Advocates of an unlimited Supremacy The Qualifications by us urg'd are taken from the Queen's Title her Admonition the words of the 37th Article and the Proviso in the first Act of Q. Elizabeth § 73 Now as to his Rational Reply to the Title that Head and Governor in a due sense are Synonymous I allow but because the Style of Head gave Offence the changing of it into a word which was less obnoxious to cavil § 74 was material As to the Admonition it has been observ'd
appoint a certain place and bounds for the exercise of his Jurisdiction no Bishop by the Church-Canon can be made without the consent of his Superior the Metropolitan nor Metropolitan without the consent of the Patriarch See Chur. Gov. 1. par 9. §. who is to ordain or confirm the Metropolitans under his Patriarch-ship either by imposition of hands himself or by appointing his Ordainers at which time his Bull for authorizing the Ordainers was used to be read and by Mission of the Pall See Conc. Nic. 4. c. Can. Apost 34. Council Chalced. 27. c. and 16. Act. 8. General Council 10. c. confessed by Protestants by Dr. Field 5. l. 31. c. p. 518. and 37. c. p. 551. Without the Patriarch's assent none of the Metropolitan's subject unto them might be ordained What they bring proves nothing that we ever doubted of For we know the Bishop of Rome had the right of Confirming the Metropolitans within the Precincts of his own Patriarch-ship By Bishop Bramhal Vindic. 9. c. p. 297. What power the Metropolitan had over the Bishops of his own Province the same had a Patriarch over the Metropolitans c. Wherein then consisted Patriarchal Authority In ordaining their Metropolitans or confirming them in imposing of hands or giving the Pall c. And indeed what defence can the Church have from frequent Schisme if two or three or a few Bishops dissenting from the whole may not only make other persons of the like inclinations Bishops to govern the people with them but also may make new Metropolitans to preside over themselves But Arch-Bishop Parker was thus ordained by two Bishops of the same Province without and against the consent of the Patriarch and of the Arch-Bishops Vice-gerent side vacante the Bishop of London and of the other Metropolitan the Arch-Bishop of York Neither did he receive any Spiritual Jurisdiction at all from any Ecclesiastical Superior but meerly that which the Queen a Lay-person by these men her Delegates in this imployment did undertake according to the warrant of the Statute 1. Eliz. 1. contrary to the First and Third Thesis above to confer upon him Which Delegates of her's were none of them at that time possessed of any Diocess Barlow and Scory being then only Bishops Elect of Chicester and Hereford and Coverdale never admitted or elected to any and Hoskins a Suffragan nor had they had Diocesses could have had any larger jurisdiction save only within these at least being single Bishops could have no Metropolitical Jurisdiction which yet they conferred on Parker not on their own surely but on the Queens score And then might not she at pleasure take away and strip Parker again of all that Jurisdiction which he held only on her gift See above the First and Third Thes 4. Of their four Bishops that undertook to ordain Parker three Barlow Coverdale and Scory were upon several accounts justly before deprived or their Bishopricks and as for the fourth Hoskins the Suffragan See before §. 58.189.190 these had their office formerly taken away and never after restored Neither their authority standing good See before §. 190. is one or two Bishops a competent number for Ordination 5. The Form of the Ordination of these new Bishops as it was made in Edward the Sixth's time so it was revoked by Synod in Queen Mary's days and by no Synod afterward restored before their Ordination Revoked also by an Act of Parliament in Queen Mary's days and not by any Act restored 1. Mar. 2. c. till long after the Ordination of Queen Elizabeth's first Bishops viz. in 8. Eliz. 1. Upon Bonner's urging hereupon that the Queens were no legal Bishops § 194 And for such considerations as these it seems it was that the Queen in her Mandate to Coverdale Scory Where Concerning the Queen as Supreme in Ecclesiasticals her dispensing with the former Ecclesiastical Laws for their Ordination c. for the Ordination of her new Arch-Bishop Parker c. was glad out of her Spiritual Supremacy and Universal jurisdiction which the Parliament had either given or recognized to belong to her and had enacted also That Her Majesty might assign name and authorize any person being natural born Subjects to her Highness to exercise all manner of Spiritual Jurisdiction of which Jurisdiction one Act is that of Ordaining See 1. Eliz. 1. to dispense and give them leave to dispense to themselves with all former Church-laws which should be transgrest in the electing consecrating and investing of this Bishop The words in her Letters Patents to them are these Mandantes quatenus vos eundem in Archiepiscopum pastorem ecclesiae praedictae confirmare consecrare c. velitis Supplentes nihilominus Supremâ authoritate nostrâ regiâ si quid in vobis aut vestrum aliquo conditione statu aut facultate vestris ad praemissa perficienda desit eorum quae per leges ecclesiasticas in hac parte requiruntur aut necessaria sunt temporis ratione rerum necessitate id postulante Which Dispensation some would restrain only to these Ordainers their using of the new Ordinal before it was licensed again by a new Parliament after the repeal thereof by Parliament in Queen Mary's day Bish Bram. Consecrat of Protestant Bishop◠4. c. P. 94. But this was a scruple started afterward by Bishop Bonner and not now dreamt on Nor did the new Ordinal want sufficient Lay-licence having the Queens nor had the Parliament been defective in re-licensing it for which see ibid. Bishop Bramh. p. 96 nor are those words in the Dispensation Si quid in vobis conditione statu c rerum necessitate id postulante applicable to it And these are the words in the Instrument of Arch-Bishop Parker's Confirmation Nos c praedictam electionem Matthaei Parker in Archiepiscopum c Supremâ authoritate regiâ nobis in hac parte commissâ confirmamus Supplentes ex supremâ authoritate regiâ nobis delegatâ quicquid in nobis aut aliquo nostrum c. And notwithstanding this regal Dispensation yet afterward Divers questions to give you it in the words of the Statute 8. Eliz. 1. c. by overmuch boldness of speech and talk amongst many common sort of people being unlearned growing upon the making and consecrating of Arch-Bishops and Bishops within this Realm whether the same were and be duly and orderly done according to the Law or not give me leave here to suppose that these scrupulous people meant according to the Ecclesiastical Law for what doth the observing of the Civil Law concern them in the ordaining of their Spiritual Governors which is much tending to the slander of all the State of the Clergy being one of the greatest States of this Realm It is answered to them in the same Statute thus That the Queens Majesty in her Letters Patents c had not only used such words as were accustomed to be used by King Henry and Edward but also had put in those Letters divers
other general words whereby her Highness by her Supreme power and authority had dispensed with all causes or doubts of any imperfections or disability that could be objected against the same So that to all those that will well consider of the supreme and absolute authority of the Queens Highness i. e. in Ecclesiasticals which she had used and put in ure in the making and consecrating of the said Arch-Bishops and Bishops See it before §. 70 it is evident that no cause of scruple ambiguity or doubt can be justly objected against the said Consecrations c. Thus the Act. And this is proposed for the satisfaction of those whose chief solicitude was concerning the transgressing the Laws of the Church in these Church matters And the Answer seems in effect this That tho these Bishops were ordained contrary to the Laws of the Church yet they were ordained according to the Laws of the Land and that this was sufficient to warrant the Ordination because these Laws of the Land had given authority to the Queen to dispense with any repugnant Laws of the Church § 195 Thus much of Queen Elizabeth's change of her Clergy And here I think meet to prosecute no further this Subject this reformed Clergy being such persons as would act according to the pleasure of a reformed Prince and therefore it is not strange if the Prince acted no more against but by them and began now a-new to use the Synod more than the Senate in the transaction of Spiritual Affairs CHAP. XIII The Opinion of several Protestant Divines concerning a Reformation in Religion made against a Major Part of the Clergy § 196 ONly before I conclude this Discourse let me shew you The opinion of several Protestant Divines touching the lawfulness of the Prince's reforming of Religion in matters of doctrine against the major part of his Clergy when to him seemeth a necessity that requireth it after all the rest that as it hath been affirmed here that the Reformation was not effected by the Clergy of this Nation but by the Princes and their Council against the inclinations of the much major part thereof So some of the ablest of the reformed Divines tho they contend that our Princes did not so Yet as if they doubted much whether they should be able to make this good do reserve this as a secure retreat for themselves that a Prince when there is a necessity that requires it of which necessity the Prince is to judge or in cases extraordinary of which cases the Prince is to judge may lawfully reform Religion both in matters of Doctrine and Discipline contrary to the major part of the Clergy these Learned Men defending the Secular powers herein by the example of the good Kings of Israel Upon which also they make no scruple to joyn Communion with those Transmarine Protestants whom all grant to have reformed against all their Spiritual Superiors Nay also in the beginning of this work such Reformers were sent for from abroad to assist them here against the contrary current of the Clergy of this Land And indeed it seemeth but necessary that they should patronize this Tenent because if they should once maintain That no Reformation is valid which is done against the major part of the National Clergy by the same reason they must assert that the Reformation of no National Clergy is valid which is done against a major part of the Patriarchy or of the Church or Council to which this National Clergy will be found to owe obedience § 197 The first testimony of those I shall produce for this assertion is that of Dr. Field He The Opinion of Dr. Field after these specious Concessions We do not make our Princes with their Civil States supreme in the power of commanding in matters concerning God and his Faith and Religion without seeking the direction of their Clergy Of the Chur. 5. l. 53. c. Again We do not attribute to our Princes with their Civil Estates power newly to adjudge any thing to be Heresy without the concurrence of the State of their Clergy but only to judge in those matters of Faith that are resolved on according to former resolutions Where the Dr. seems to leave the Prince no liberty to judge or establish any thing in matters of Faith according to his own opinion but in matters formerly determined confineth him to the judgment of former Councils in matters not formerly determined to the judgment of his Clergy i. e. the major part thereof Yet after such specious Concessions I say he proceedeth as it were to protect the Reformation on this manner Touching errors of Faith or aberrations in the performance of God's Worship and Service there is no question but that Bishops and Pastors of the Church to whom it appertaineth to teach the truth are the ordinary and fittest Judges and that ordinarily and regularly Princes are to leave the judgment thereof unto them But because they may fail they i e. the Bishops and Pastors of the Church and not onely single persons but Synods of them else single persons failing may easily be reduced by Synods and a minor by the major part and so long the Prince judges with his Clergy not against them and the Judgment of such things being made by this major part is still ordinary and regular Neither needs the Prince to remove the matter from these to other Judges either thro negligence ignorance or malice Princes having charge over Gods people and being to see that they serve and worship him aright are to judge and condemn them the foresaid Clergy that fall into gross errors contrary to the common sense of Christians or into any other Heresies formerly condemned I conceive he meaneth condemned by former Councils And tho there be no general failing in the Clergy yet if they see violent and partial courses taken they may interpose themselves to stay them and cause a due proceeding or remove the matter from one sort of Judges to another I suppose he meaneth either from the whole Clergy to Secular Judges or from that part of the Clergy tho more which he dislikes to some others of the Clergy tho fewer whom he approves for to remove the matter from fewer to more is regular and ordinary But here he speaks what the Prince may do extraordinarily Thus Dr. Field § 198 Who not to urge Bishop Andrews his observation against him Tort. Tort. p. 372. Ad extraordinariam potestatem confugere non solet quis nisi cui deplorata res est here seems to six the Prince as one that cannot fail thro negligence ignorance or malice to others or at least cannot fail so soon as the whole body of the Clergy may what not fail in ignorance of Divine matters sooner than they As one that hath a charge over Gods people and is to see that they worship God aright as if the Clergy had not such charge much more than he or as if he could judge what was