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A58386 Reflections upon the new test, and the reply thereto with a letter of Sir Francis Walsingham's, concerning the penal laws made in the reign of Queen Elizabeth. Walsingham, Francis, Sir, 1530?-1590. Letter to Monsieur Critoy. 1687 (1687) Wing R732; ESTC R6019 12,159 24

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Exclusion but when it came to the Lords House from whence the Popish Lords were excluded they shew'd their Fidelity by throwing it out How readily at Monmouth's appearance did the Parliament protest to stand by the King and how freely did divers Protestant Gentlemen venture themselves in the Kings Cause and this they must always upon occasion do if they measure their actions either by the Principles or Practices of our Church Our Author therefore is a great Friend to the King in calling us to learn of our Catholick Neighbours which is to debauch this good Principle and I shall expose to the World some of the Lessons they would teach us at our entrance we must learn that Ecclesiastical Jurisdiction which is a glorious part of the Kings Prerogative belongs to the Pope so strongly does the Test fancy that their Church of right assumes this Power that he ridicules the contrary Opinion as a particular Revelation to the Church of England In answer to this the Replyer has well referr'd to Dr. Barrow and Lord Cook but because some may not have these Books I shall give one or two plain instances Greg. 1. 15. Ep. 11. 56. doth alledge divers Laws of divers Emperours concerning Ecclesiastical affairs as obligatory Rules of practice and divers Laws concerning things Ecclesiastical made by the Emperour are extant in the Codes of Theodosius and Justinian The Christian Emperours took upon them to depose Bishops and Popes thô since the Popes are even with them Constantius banish'd Pope Liberius and put another in his room Otho put out John the Twelfth Justinian deposed Pope Silverius and banish'd Pope Vigilius and the same Emperour prescrib'd Conditions and Qualifications concerning the Ordination of Bishops and subjoyns Si quis autem citra memora tam observationem Episcopus ordinetur jubemus hunc omnibus modis Episcopatu depelli Justin Novel 123. Ca. 1. But if any Bishop be Ordain'd without using our foremention'd constitution we Command that by all means he be remov'd from his Bishoprick Omnes sayes Leo 1. to Theodocius the Emperour Partiam Ecclesiae nostrarum omnes mansuetudini vestrae cum gemitibus Lacrymis supplicant Sacerdotes ut generalem Synodum jubeatis intra Italiam celebrari Leo 1. Ep. 42. nor was this power usurp'd by the Emperours as sometimes loyal Catholicks pretend No quite contrary Semper fuit Orthodoxis piis Imperatoribus c. This is what the Pious and Orthodox Emperours did Justin in Syn. 5. Collat. 1. p. 209. but what 's yet higher Haec says the Councel of Arles Domino Imperatori praesentanda decrevimus poscentes ejus Clementiam ut si quid hîc minus est ejus prudentiâ Suppleatur si quid secus quàm se ratio habet ejus judicio emendetur si quid rationabiliter taxatum est ejus adjutario divinâ opitulante Clementiâ perficiatur Councel Arel 4. ca. 26. Ann. 813. Sub Carolo M. These things we have Decreed to be presented to our Lord the Emperour desiring his Clemency that if any thing be defective it may be supplied by his Prudence if any thing be unreasonable it may be corrected by his Judgement if any thing be reasonably ordered it may by his help the Divine Grace assisting be Perfected So that it seems notwithstanding the blustering the Popes make now it was a revelation to all the Churches of the World in the first Ages that the Ecclesiastical Jurisdiction was in the Temporal Magistrate This also have Papist Kings and their Lay-Subjects justified in England Xenulphus by his Letters Pattents did grant to Abbot Ruchin Quod praedictus Ruchinus c. That the said Ruchin should for ever be free from all Episcopal Jurisdiction whatsoever This was pretty well for a Temporal Prince without Ecclesiastical Power and to demonstrate that he was not singular in assuming this Power this Charter was confirmed by King Edwin and pleaded the 1 H. 7. and allowed and continued till the dissolution of that Abby in H. 8. When H. 1. founded the Abby of Reading the Charter run thus Henricus Dei c. Statuimus tam Ecclesiasticae quam Regiae prospectu potestatis ut c. We appoint as well by our Ecclesiastical as Temporal Power c. In the 25 Ed. 1. by a Parliament held at Carlisle it is declared That the Holy Church of England was founded in the State of Prelacy by the King and his Progenitors the Popes Usurpations complained on and enacted they should not be suffered By a Statute made 16 R. 2. ca. 5. It is declared That the Crown of England is Subject to none but God. Of this opinion was Bracton who wrote in H. 3d's time Omnis says he quidem sub Rege ipse sub nullo sed tantum sab Deo. Lib. 1. ca 8. nu 5. Every one owes Obedience to the King but he to none but GOD. I must give one instance more if it be only to shew the nature of a Begotted Papist Ed. 3. much concern'd that his Subjects would deprive him of his right by Appeals to Rome by a Statute it was made a Praemunire the hearty Begots did so rail and curse at the Executors of that Law that the Kingdom was obliged to make a Statute on purpose to prevent such defamations But when after many struglings the Popes did begin to finger this Jurisdiction as if poyson'd with their touch it immediately swells to such a prodigious magnitude as quite to over shadow and crush all other Powers now 't is Hunc unum c. Pope Pius the Fifth in his Bull that Excommunicates Queen Elizabeth Him alone says he meaning himself he made Prince over all People and all Kingdoms to pluck up destroy scatter consume plant and build c. So that Temporal Princes are but as so many Pagents to be set up and pull'd down as the Infallible Head shall see cause and an Emperour is no more to a Pope now than a Pope was to an Emperour heretofore To prove this the Replyer has given several very true examples to which I shall add That in King John's time the Loyal Popish Barons were in open Rebellion The Pope instead of using his pretended Authority to reduce them to their Allegiance he takes advantage of the King's necessities and will by no means permit him to nominate a Successour to the deceased Archbishop of Canterbury but for so doing the King was Excommunicated this with the King of France his appearing in the Pope's defence incourag'd the Barons to continue in their Rebellion and to calumniate their King with the most approbrious language as Infidel c. that no King ever indured the like finding himself on all hands thus oppress'd his submission to the Pope was absolutely necessary and therefore now tenders him his Crown which the Pope by his Legate received upon this and all but reason the King is Absolved but still the hardy Barons refuse their duty till the King had ratified their Priviledges c. which he was forc'd upon