determine causes of Religion The Emperor did not trouble himself much at it But the Pope having created three Spanish Cardinals he forbad them to accept the armes or use the name or habit And not long after published a Reformation of the Clergy conteining twenty three points First of Ordination and Election of Ministers Secondly of the Office of Ecclesiasticall Orders Thirdly of the Office of Deans and Canons Fourthly of Canonicall hours Fifthly of Monasteries Sixtly of Schools and Universities Seventhly of Hospitals Eighthly of the Office of a Preacher Ninthly of the Administration of the Sacraments Tenthly of the Administration of Baptism Eleventhly of the Administration of Confirmation Twelfthly of Ceremonies Thirteenthly of the Masse Fourteenthâ—y of the Administration of Penitence Fifteenthly of the Administration of extreme Unction Sixteenthly of the Administration of Matrimomy Seventeenthly of Ecclesiasticall Ceremonies Eighteenthly of the Discipline of the Clergy and People Nineteenthly of plurality of Benefices Twentithly of the Discipline of the People One and twentithly of Visitations Two and twentithly of Councels Three and twentithly of Excommunication Charles the fifth and the German Dyet did assume to themselves a Legislative power in Ecclesiasticall causes None of our Princes was ever more devoted to Rome then Queen Mary yet when Paul the 4 th revoked Cardinall Poolos Legantine power in England and designed one Petus a Franciscan to come Legate in his place She shut all the Ports of England against all messengers from Rome and commanded all the Briefs and Bulls to be taken from the bearers and delivered unto her So well was she satisfied that no Roman Legate hath any thing to doe in England without the Princes licence But I have brought instances enough untill he be pleased to take notice of them To all which he returns no answer but these generall words Seeing L. D. hath alleged diverse facts of Catholick Princes in disobeying Papall Authority and thence inferreth that they did as much as King Henry who not only disobeyed but denied Papall Authority let us allege both more ancient and greater Emperors who have professed that they had no Authority in Ecclesiasticall causes and avowed Papall Authority After this rate he may survey the whole World in a few minutes Let the Reader judge whether I have not just cause to call upon him for an answer Are they only diverse facts of Catholick Princes By his leave they are both facts and decrees and constitutions and Laws and Canons of the most famous Emperors and Princes of Christendome with their Dyets and Parliaments and Synods and Councels and Universities Or doth it seem to him that they only disobeyed Papall Authority When he reads them over more attentively he will finde that they have not only disobeyed Papall Authority but denied it as he saith Henry the 8 th did in all the principall parts and branches of it which are in controversie between them and us Nay they have not only denied to the Pope that which he cals Papall Authority to Convocate Synods to confirm Synods to make Ecclesiasticall Laws to dispose of Ecclesiasticall preferments to receive the last Appeals in Ecclesiasticall causes but they have exercised it themselves They have disposed of the Papacy they have deposed the Popes they have shut out his Legates they have Appealed from his sentences they have not suffered their Subjects to goe upon his Summons they have caused his Decrees to be torn in pieces most disgracefully and made Edicts and Statutes and pragmaticall sanctions against his usurpations they have regulated the Clergy and reformed the Churches within their Dominions And when they thought fit during their pleasures they have stopped all entercouse with Rome The Kings of Spain suffer no more Appeals from Sicily to the Court of Rome then our Princes from England and exercise all manner of Ecclesiastical Jurisdction by Delegates which certainly neither they nor other Princes would doe if they did at all believe that the Papacy was an universall Spirituall Monarchy instituted by Christ. But it seemeth that he delighteth more in the use of his sword then of his buckler and in stead of repelling my arguments he busieth himself in making new knots for me to untie He knows well that this is no logicall proceeding And I might justly serve him with the same sauce But I seek only the clear discovery of truth and will pursue his steppes throughout his oppositions The first thing that he objecteth to me is the oath of Supremacy made by King Henry and his Church in which oath saith he are sworn five things First that the King of England is not only Governor but only and supreme Governor Secondly not only in some but in all ecclesiasticall things and causes Thirdly as well in all ecclesiasticall causes as temporall Fourthly that no forrein Prelate hath any spirituall Iurisdiction in England Fifthly all forrein Iurisdiction is renounced This he is pleased to call the first new Creed of the English Protestant Church by which it is become both hereticall and schismaticall Before I give a distinct answer to this objection it will be needfull in the first place to put him in minde of some things which I have formerly demonstrated to him touching this particular which he hath been pleased to pass by in silence First who it was that first presented this Title to King Henry Archbishop Warrham whom Sanders calleth an excellent man and a Popish Convocation Secondly who confirmed this Title unto him Four and twenty Bishops and nine and twenty Abbats in Parliament none dissenting There was not one Protestant among them all Thirdly who were the flatterers of King Henry that preached up his Supremacy and printed books in defence of this Supremacy and set forth Catachismâ—s to instruct the Subjects and teach them what the Supremacy was who contrived and penned this very Oath and were the first that took it themselves and incited all others to take it even Bishop Gardiner Tonstall Heath Bonner Stokesley Thurelby c. all R. C. his Friends the greatest Opposers of the reformation and the roughest Persecuters of Protestants Lastly consider what I cited out of Cardinall Poole That God the Father hath assigned this Office to Christian Emperors that they should act the part of Christ the Son of God And again the Pope as a Priestly Head doth execute the Office of Christ the true Head but we may also truly say that the Emperour doth execute the Office of Christ as a Kingly Head These things being premised to dull the edge of his argument now I proceed to a direct answer and first I charge him with chopping and changing the words of the Oath The words of the Oath are these That the Kings Highness is the only supreme Governor in this Realm But in paraphrasing upon them and pressing them he renders them thus not only Governor but only and supreme Governor There is a vast difference between these two to say the King is the only
Popes but for many of the rest and especially for that which did virtually include them all that is the Legâ—slative power in ecclesiasticall causes wherein the whole body of the Kingdome did claim a neerer interest in respect of that receptive Power which they have ever injoyed to admit or not admit such new Laws whereby they were to be governed it had been folly and madness in the Popes to have attempted upon it One doubt still remains How ecclesiasticall Jurisdiction could be said to be derived from the Crown For they might be apt enough in those dayes to use such improper expressions First with the Romanists themselves I distinguish between habituall and actuall Jurisdiction Habituall Jurisdiction is derived only by ordination Actuall Jurisdiction is a right to exercise that habit arising from the lawfull application of the matter or subject In this later the Lay Patron and much more the Soveraign Prince have their respective Interests and concurrence Diocesses and Parishes were not of divine but humane institution And the same persons were born Subjects before they were made Christians The ordinary gives a School master a license or habituall power to teach but it is the Parents of the Children who apply or substract the matter and furnish him with Scholars or afford him a fit subject whereupon to exercise this habituall power Secondly we must also distinguish between the interior and exterior Court between the Court of Conscience and the Court of the Church For in both these Courts the power of the Keies hath place but not in both after the same manner That power which is exercised in the Court of Conscience for binding and loosing of sinnes is soly from Ordination But that power which is exercised in the Court of the Church is partly from the Soveraign Magistrate especially in England where Ecclesiasticall Jurisdiction is enlarged and fortified with a coercive power and the bounds thereof have been much dilated by the favour and piety of Christian Princes by whom many causes have been made of Ecclesiasticall cognisance which formerly were not from whom the coercive or compulsory power of summoning the Kings Subjects by processes and citations was derived It is not then the power of the Keies or any part or branch thereof in the exercise of Ecclesiasticall Jurisdiction even in the exterior Court of the Church which is derived from the Crown But it is coercive and compulsory and coroboratory power it is the application of the matter it is the regulating of the exercise of actuall Ecclesiasticall Jurisdicton in the Court of the Church to prevent the oppressions of their Subjects and to provide for the tranquillity of the Common-wealth which belongs to Sovereign Princes As to his corollary that never any King of England before Henry the eighth did challenge an exemption from all Iurisdiction under Christ it is as gross a mistake as all the rest For neither did Henry the eighth challenge any such exemption in the Court of Conscience Among the six bloody Articles established by himself that of auricular confession was one Nor in the Court of the Church seeing the direct contrary is expressly provided for in the Statute it self The Archbishop of Canterbury for the time being and his Successors shall have power and authority from time to time by their discretions to give grant and dispose by an instrument under the Seal of the said Archbishop unto your Majesty and to your Heirs and Successors Kings of this Realm as well all manner of such Licences Dispensations Compositions Faculties Grants Rescripts Delegacies Instruments and all other Writings for causes not being contrary or repugnant to holy Scriptures and Lawes of God as heretofore hatâ— been used and accustomed to be had and obtained by your Highnes or any of your most noble Progenitors or any of yours or their Subjects at the See of Rome So vain a suggestion it is That King Henry the eighth did free himself not only from Papall Authority but also and as well from Episcopall Archiepiscopall and all Spirituall Authority either abroad or in England And his Argument which he presseth so seriously to prove it is as vain That the Head of a Company is under none of that Company The Pope himself is under his Confessor who hath power to binde him or loose him in the Court of Conscience The Master of a Family is under his own Chaplain for the regiment of his Soul and under his Physitian for the government of his Body What should hinder it that a Politicall Head may not be under an Ecclesiasticall Pastor The Kings of England are not only under the forrein Jurisdiction of a generall Councell but also under their Ecclesiasticall Pastors though their own Subjects Only they are exempted from all coercive and compulsory power Let us trie whether he be more fortunate in opposing then he hath been in answering The Kings of England saith he permitted Appeales to Rome in ecclesiasticall causes as is evident in St. Wilfrides case who was never reproved nor disliked for appealing twice to Rome not so but the clear contrary appeareth evidently in Saint Wilfrides case Though he was an Archbishop and if an Appeal had been proper in any case it had been in that case This pretended Appeal was not only much disliked but rejected by two Kings successively by the other Archbishop and by the body of the English Clergy as appeareth by the event For Wilfride had no benefit of the Popes sentences but was forced after all his strugling to quit the two Monasteries which were in question whether he would or not and to sit down with his Archbishoprick which he might allwnies have held peaceably if he would This agrees with his supposed Vision in France that at his return into his Country he should receive the greatest part of his possessions that had been taken from him that is praesulatum Ecclesiae suae his Archbishoprick but not his two Monasteries But this is much more plain by the very words of King Alfride cited by me in the Vindication to which R. C. hath offered no answer That he honored the Popes Nuncios for their grave lives and honorable lookes Here is not a word of their credentiall Letters O how would a Nuncio storm at this and take it as an affront The King told them further That he could not give any assent to their legation So that which R. C. calles permitting was in truth downright dissenting and rejecting The reason followes because it was against reason that a person twice condemned by the whole Councel of the English should be restored upon the Popes Letter Is not this disliking What could the King say more incivillity then to tell the Popes Nuncios that their Masters demands were unreasonable or what could be more to the purpose and to the utter ruin of R. C. his cause then that the Decrees of the pope were impugned not once but twice not by a few
World Roman Grecian Armenian Abyssene Russian Protestant which after all their brags of amplitude and universality is three times greater then themselves I desire no fairer issue between him and me I doe from my heart submit to all things which the true Catholick Church diffused over the World doth beleeve and practise And if I should erre in my judgement what the Catholick Church is as I am confident that he and his fellowes doe erre though I have no reason in the world to suspect my present judgement I doe furthermore proâ—ess my readiness to submit to the right Catholick Church whensoever God shall be pleased to reveal it to me This is sufficient to preserve me from being a Schismatick This is sufficient for the salvation of a Christian. He telleth us indeed sometimes that the Roman Church is the true Catholick Church and is diffused all over the World Let him take Roman in the largest sense he can yet still it is but a particular Church of one denomination not Catholick or Universall Whom have they of their Communion in the large Abystene Empire consisting of seventeen Kingdomes Not one Whom have they of their Communion in the Russian Empire neerer home Scarcely one Whom have they of their Communion in all the Eastern Churches perhaps two or three hand-fulls in comparison of those innumerable multitudes of Christians who are subject to the other Patriarchs Before they were so forward and positive in voting for themselves that they are the Catholick Church that they are the infallible Judge it had been meet that they had first agreed among themselves what this Catholick Church is to which every Christian is bound to submit whether it be the virtuall Church that is the Pope or the Pope jointly with his Conclave of Cardinalls or the Pope with a provinciall Councell or the Pope with a generall Councell that is the representative Church or a generall Councell without the Pope or lastly the essentiall Church dispersed over the face of the World for into so many opinions they are divided He addeth that these great multitudes of Christians whereof we speak are not united among themselves but divided in points of Faith in communion of Sacraments and the ministery of them Let Saint Austine answer him Acutum autem aliquid videris dicere cum Catholicae nomen non ex totius orbis Communione interpretaris sed ex observatione Praeceptorum omnium divinorum atque omnium Sacramentorum Thou seemest to thy self to speak very wittily when thou doest not interpret the Catholick Church by the Communion of the whole World but by the Catholick Faith and the right observation of all the Sacraments and true Discipline that is in their sense submission to the Roman Court This last badge which Saint Austin did not know is the only defect of those multitudes of Christians that they will not acknowledge the monarchicall Power of the Roman Bishop As we have seen by experience that when some few of these Eastern or Northern Christians have reconciled themselves to the See of Rome and acknowledged the Papacy they were streight adjudged Orthodox and sound Christians in all other things And the latter of these did provide expresly for themselves at the time of their submission that they would retein their Greekish Religion and Rites He himself in this very place confesseth them to agree in fundamentall points that is to be free from fundamentall errors And for other lesser Controversies they have not half so many among them as the Romanists among themselves As to his marginall note out of Turtullian That Heretici pacem cum omnibus miscent Hereticks mingle themselves with all Sects making it a Symtome of Heresie to be over easie in admitting others to their Communion I doe confess it is a fault indeed But first what doth this concern the Church of England Secondly the greater fault lies on the other hand to be over severe and over vigorous and censorious in casting out or holding others from their Communion and more dangerous to the Church of Christ. In this kinde offended the Donatists the Novatians the Luciferians of old And the Romanists at this day This hath more of the Patriarchall Garbe in it stand from me for I am holier then thou CHAP. 7. That all Princes and Republiks of the Roman Communion doe in effect the same things which King Henry did WE are come now unto his seventh Chapter wherein I am much beholden to him for easing me of the labour of replying For whereas I proved my intention at large by the Acts Laws and Decrees of the Emperors with their Councels and Synods and Electorall College by the Laws of France the Liberties of the Gallicane Church the Acts of their Parliaments and Declarations of their Universities by the practice of the King of Spain his Councels his Parliaments in Sicily in Castile in Brabant and Flanders by the sobbes of Portugall and their bleatings and the Judgment of the University of Lisbone by the Laws and Proclamations and other Acts of the Republick of Venice throughout 68 pages He vouchsafeth not to take notice of any one particular of all this except only some few heads of what I urged concerning the Emperors which he reciteth in lesse then one page and never attempts to answer one syllable of them in particular Yet are these so diametrally opposite to the pretended rights of the Pope his Legislative power his convocating of Synods his confirming Synods his sending out Bulls his receiving Appeals his Patronage of Churches his Pardons and Dispensations his Exemption from all humane judgment his sending of Legates his Tenths and first Fruits his Superiority above generall Councels his Excommunications and in a word his whole Spirituall Sovereignty that nothing can be more opposite In these presidents we did clearly see that essentiall power and right of Sovereignty which I plead for in this Book to make Ecclesiasticall Laws for the externall regiment of the Church to dispose of Ecclesiasticall preferments to reform Ecclesiasticall errors and abuses to be the last Judges of their own liberties and grievances to restrain Ecclesiasticall tyranny and to see that all Ecclesiasticall persons within their Dominions doe their duties And if these instances were not enough many more might be produced of the best Christian Princes Paul the third writ to Charles the fifth That the Decrees of Spira were dangerous to his Soul commands him to put away all disputes of Religion from the Imperiall Diet and referre them to the Pope to order nothing concerning Ecclesiasticall goods to revoke the grants made unto the Rebells against the See of Rome Otherwise he should be forced to use greater severity against him then he would Yet Cardinall de Monte was more angry then his Master saying That he would put his Holinesse in minde rather to abandon the See and restore the Keies to Saint Peter then suffer the Secular power to arrogate Authority to
supreme Governor of the Realm of England which signifies no more but this that there is no other supreme Governor of the Realm but he which is most true and to say that he is the only and supreme Governor which implies that there is no other Governor but he which is most false There are both spirituall and civill Governors in England besides him To say the Pope is the only supreme Bishop in his own Patriarchate is most true but to say that he is the only and supreme Bishop in his Patriarchate is most false this were to degrade all his Suffragans and allow no Bishop in his Province but himself Secondly I answer that there is no Supremacy ascribed to the King in this Oath but meerly politicall which is essentially annexed to the Imperiall Crown of every sovereign Prince The Oath saith that the Kings Highness is the only supreme Governor of his Highness Realms and Dominions What doth Saint Peter himself say less to his own Successors as well as others Submit your selves to every Ordinance of man for the Lords sake whether it be to the King as supreme How often doth Saint Gregory acknowledge the Emperor to be his supreme Governor or sovereign Lord and profess obedience and Subjection unto him and execute his commands in ecclesiasticall things That Common-wealth is miserable and subject to the clashing of Jurisdictions where there are two Supremes like a Serpent with two heads at either end one The Oath addeth in all spirituall or ecclesiasticall things or causes This is true with some limitations as first either by himself or by fit Substitutes who are ecclesiasticall Persons For our Kings cannot excommunicate or absolve in their own persons Secondly it is to be understood of those causes which are handled in foro contentioso in the exterior Court not in the inner Court of Conscience Thirdly either in the first or in the second instance by receiving the appeales and redressing the wrongs of his injured Subjects Some things are so purely spirituall that Kings have nothing to doe in them in their own persons as the preaching of the Word the administration of the Sacraments and the binding and loosing of Sinners Yet the persons to whom the discharge of these Duties doth belong and the persons towards whom these Duties ought to be discharged being their Subjects they have a Power paramount to see that each of them doe their duties in their severall stations The causes indeed are ecclesiasticall but the power of governing is politicall This is the true sense of the Oath neither more nor less as appeareth plainly by our thirty seventh Article Where we attribute to our Princes the chief government by which Titles we understand the mindes of some slanderous Folkes to be offended we give not to our Princes the ministring either of Gods Word or of the Sacraments but that only prerogative which we see to have been given alwaies to all godly Princes in holy Scriptures by God himself this is that they should rule all Estates and Degrees committed to their charge by God whether they be ecclesiasticall or temporall and restrein with the civill Sword the stubborn or evill doers Here is no power asserted no punishment to be inflicted by the King in his own person but only politicall I confess persons deputed and delegated by the King doe often excommunicate and absolve and act by the power of the Keyes but this is by the vertue of their own habit of Jurisdiction All which the King contributes by his Commission is a liberty and power to act in this particular case an application of the matter which a Lay Patron or a Master of a Family or a subordinate Magistrate may doe much more a sovereign Prince This power many Roman Catholick Doctors doe justifie The King of Spain cites above twenty of them Let the Princes of this World know that they owe an account to God of the Church which they have received from him into their protection for whether peace and right ecclesiasticall Discipline be increased or decayed by Christian Princes God will require an account from them who hath trusted his Church unto their Power All this Power the King of Spain exerciseth in Sicily in all ecclesiasticall causes over all ecclesiasticall persons as well in the first instance as the second This Power a Lay-Chanceller exerciseth in the Court Christian This Power a very Abbess exerciseth in the Roman Church over her Nuns Whilest all the Mariners are busied in their severall employments the sovereign Magistrate sits at the Stern to command all and order all for the promotion of the great Architectonicall end that is the safty and welfare of the Common-wealth It followes in the Oâ—th as well as temporall that is as truly and as justly but not as fully nor as absolutely And that no forrein Prelate hath or ought to have any Iurisdiction or Authority Ecclesiasticall or Spirituall within this Realm That is to say neither the Pope nor his Court. For a generall Councel which is no standing Court but an aggregate body composed partly of our selves is neither included here nor intended If this be the new Creed of the English Protestant Church as he calls it in scorn it was the old Creed of the Britannick Church as I have proved evidently in the vindication If this profession of Royall Supremacy in our sense doe make men Hereticks and Schismaticks we shall sweep away the most part of the Roman Doctors along with us And for Sovereign Princes we shall leave them few except some necessitous person who could not subsist otherwise then by the favourable influence of the Roman Court Very many Doctors doe hold that for the common good of the Republick Princes have Iurisdiction in many causes otherwise Subject to the Ecclesiasticall Court not only by the positive Law of God but by the Law of Nature And many more give them a power indirectly in causes Ecclesiasticall over Ecclesiasticall persons so far as is necessary for the preservation of the Peace and Tranquility of the Commonwealth nec putem ullum Doctorem Catholicum refragari saith the same Author in the place cited Neither doe I think that any Catholick Doctor will be against it Now I have said my minde concerning the Oath of Allegiance who they were that first contrived it and in what sense we doe maintain it I hope agreably to the sense of the Christian World except such as are prepossessed with prejudice for the Court of Rome As our Kings out of Reverence to Christ did freely lay by the title of Supreme heads of the English Church so though it bee not meet for me to prevent their maturer determinations I should not be displeased if out of a tender consideration of the consciences of Subjects who may erre out of invincible ignorance they would be pleased to lay by the oath also God looks upon his Creatures with all their prejudices why should not man doe the
Church from Rome Yet something he saith upon the by which is to be examined first That they who made the King head of the Church were so far from being Zelots of the Roman Religion that they were not then of the Roman Religion but Schismaticks and Hereticks outwardly whatsoever they were inwardly What a change is here Even now when they opposed the Reformation they were the best Bishops and now when they oppose the Popes Supremacy they are Schismaticks and Hereticks Let them be what they were or whatsoever he would have them to be certainly they were no Protestants And if they were not Roman Catholicks they were of no Christian Communion They professed to live Roman Catholicks and they died Roman Catholicks The six bloody Articles contrived by them and executed by them in the reign of King Henry and the Bonefires which they made of poor Protestants in the dayes of Queen Mary doe demonstrate both that they were no Protestants and that they were Zelots of the Roman Religion But saith he the essence of the Roman Religion doth consist in the primacy of the Pope If it be so then whereas the Christian Religion hath twelve Articles the Roman Religion hath but one Article and that none of the twelve namely the supremacy of the Pope But this needs makes no difference between us For they denyed not the Popes Primacy that is of order but his Supremacy of power Neither is his Supremacy either the essence or so essentiall a part of the Roman Catholick Beleef but that many of the Roman Catholick Communion have denyed it of old as the Councells of Constance and Basile and many doe deny it and more doubt of it at this day But let that be as it will In all other Controversies they were pure Romanists and the denomination is from the greater part Certainly they were no Protestants which is enough for my purpose He tels us from Bishop Gardiner that the Parliament was with much cruelty constrained to abolish the Primacy he means Supremacy of the Bishop of Rome A likely thing indeed that a whole Parliament and among them above fifty Bishops and Abbets should be forced without any noise against their conscience to forswear themselves to deny the essence of their faith and to use his own words to turn Schismaticks and Hereticks How many of them lost their lives first Not one not one changed his Soil not one suffered imprisonment about it For howsoever the matter hath been misconstrued by some of our Historiographeâ—s Bishop Fisher and Sir Thomas Moore were imprisoned before this Act of the Supremacy was made for denying the Kings Mariage and opposing a former Act of Parliament touching the succession of his Children to the Crown Thus much is confessed by Sanders in his Book de Schismate p. 73. b. concerning Fisher and p. 81. concerning Sir Thomas Moor. Quae Lex post Mori apprehensionem constituta erat The Law of Supremacy was made after the apprehension of Sir Thomas Moore Of this much cruelty I doe not finde so much as a threatning word or a footstep except the fear of a Premunire And is it credible that the whole representative of the Church and Kingdome should value their Goods above their Souls Or that two successive Synods and both our Universities nemine dissentiente should be so easily constrained But who constrained the most learned of the Bishopâ— and the greatest Divines in the Kingdome to tell the King that it was his right to publish Catechisms or Institutions and other Books and to preach Sermons at St. Pauls Cross and elswhere for maintenance of the Kings Supremacy These Acts were unconstrained Heare the Testimony of Queen Eizabeth given in their life time to their faces before the most eminent Ambassadors of the greatest Persons in the World when Bishop Gardiner might have contradicted it if he could When the Emperour and other Roman Catholick Princes interceded with her for the displaced Bishops she returned this answer That they did now obstinately reject that Doctrine which most part of themselves under Henry the eighth and Edward the sixth had of their own accord with heart and hand publickly in their Sermons and Writings taught unto others when they themselves were not private Persons but publick Magistrates The charge is so particular that it leaves no place for any answer First of their own accord Secondly not only under Henry the eighth but Edward the sixth Thirdly when they themselves were publick Magistrates Fourthly with heart and hand not only in their Sermons but also in their printed Writings Against Subscriptions and printed Writings there can be no defence But upon whose credit is this constraint charged upon King Henry upon Bishop Gardiners In good time he produceth a Witness in his own cause He had an hard heart of his own if he would not have favored himself and helped to conceal his own shame after King Henry was dead Mortui non mordent Is not this that Stephen Gardiner that writ the book de vera obedientia to justifie the Kings Supremacy Is not this that Stephen Gardiner that tels us That no forrein Bishop hath authority among us that all sorts of people are agreed with us upon this point with most steadfast consent that no manner of person bred or brought up in England hath ought to doe with Rome Is not this he that had so great an hand in framing the oath of Supremacy and in all the great transactions in the later dayes of King Henry was not he one of them who tickled the Kings eares with Sermons against the Popes Supremacy who was a Contriver of the six bloody Articles against the Protestants and was able by his power with the King to bring the great Favorite of those times to the Scaffold for Heresie and Treason To conclude if any thing did constrain him it was either the Bishoprick of London or Winchester or which I doe the rather beleeve out of charity the very power of conscience So much himself confesseth in the conclusion of his book de vera obedientia where he proposeth this objection against himself that as a Bishop he had sworn to maintain the Supremacy of the Pope To which he answers That what was holily sworn is more holily omitted then to make an oath the bond of iniquity He confesseth himself to have been married to the Church of Rome bona fide as to his second Wife but after the return of his first Wife that is the Truth to which he was espoused in his Baptisme being convicted with undenyable evidence he was necessitated out of conscience to forsake the Church of Rome in this particular question of Supremacy and to adhere to his first Wife the Truth and after her to his Prince the supreme head of the English Church upon earth His next attempt is to prove that the Protestants were the Authors of the separation from Rome And he names three Cranmer Crumwell and Barnes He
might even as well say that two or three common Soldiers of the Carthaginian Army and perhaps not one of them at the fight were the Authors of the Roman overthrow at Cannae It was the Universities that approved the separation unanimously It was the Synods that directed the separation It was the King that established the separation It was the Parliament that confirmed the separation How could two or three Privados without Negromancy have such an efficatious influence upon the Universities and Synods and Parliaments and the King himself Yet they might have an hand in it no nor so much as a little finger As much as the Flie that sate upon the Cart-wheel had in raising of the dust The two Houses of Parliament alone did consist of above 600. of the most able and eminent persons in the Kingdome what had these three been able to doe among them supposing they had been then Protestants and of the House Even as much as three drops of hony in a great vessell of vinegar or three drops of vinegar in a great vessell of hony But let us see what it is which he objects against Cranmer and the rest That Cranmer whom I will not deny to have been a friend and favourer of Protestants advised that the King should seek no more to the Court of Rome And that bidding adieu to the Court of Rome he should consult with the most learned in the Universities of Europe at home and abroad There was no hurt in all this There could be no suspicion that the most learned in all the Universities of Europe should be enemies to the just rights of the Roman Court But upon this saith he it was by Commission disputed by the Divines in both Universities And so he concludes triumphantly Behold Cranmer the first author of secession from the Pope I answer That this secession was no secession of the Church of England nor this disputation any disputation concerning the jurisdiction of the Roman Court over the English Church but only concerning a particular processe there depending between King Henâ—y and Queen Katherine about the validity or invalidity of their marriage and the Popes dispensation which Cranmer maintained to be determinable by Divine law not by Canon law The truth is this Doctor Stephens and Doctor Fox two great Ministers of King Henry and Doctor Cranmer chanced to meet without any designe at Waltham where discourse being offered concerning this processe Cranmer freely declared his judgement that the marriage of a Brother with his Brothers Wife was unlawfull by the Law of God and that the Pope could not dispense with it And that it was more expedient and more proper to seek to have this cause determined by the best Divines and Universities of Europe then by the dilatory proceeding of the Roman Court This was related to the King The King sent for Cranmer He offered freely to justifie it before the Pope And to demonstrate both that this was no separation from Rome and that Cranmer himself was no Protestant at that time it is acknowledged by all our Historiographers that after this Cranmer with others was sent as an Ambassador or Envoy to Rome and returned home in the Popes good Grace not without a mark of his favour being made his penitentiary Likewise saith another Cranmer that unworthy Archbishop of Canterbury was his the Earl of Hartfords right hand and chief assistant in the work although but a few moneths before he was of King Harries Religion yea a great Patron and Prosecutor of the six Articles That is as much as to say no friend no favourer of Protestants So this victorious argument failes on both sides Some other places he citeth concerning Cranmer That he freed the Kings conscience from the yoke of Papall dominion that is to say in that processe That by his counsell destruction was provided divinely to the Court of Rome that is occasionally and by the just disposition of Almighty God That the King was brought by Cranmers singular virtue to defend the cause of the Gospell that is in that particular case that the Pope cannot dispense contrary to the Law of God And lastly That the Papall power being discovered by King Henries authority and Cranmers did easily fall down I much doubt if I had the Book whether I should finde these testimonies such as they are cited Howsoever it may be true distinguendo tempora and referendo singula singulis They could not be spoken of the first separation when Cranmer had no more authority then a private Doctor but of the following times King Henry suppressed the Papall tyranny in England by his Legislative Power and Cranmer by his discovery of their usurpations and care to see the Lawes executed Against Crumwell he produceth but one testimony That it was generally conceived and truly as never thought That the politick waies for taking away the Popes authority in England and the suppression of Religious Houses were principally devised by Crumwell First this is but an argument from vulgar opinion Secondly when Archbishop Warham and the Synod did first give to King Henry the Supremacy and the Title of Head of the English Church Crumwell was no Protestant he had lately been Cardinall Wolsies Soliciter and was then Master of the Jewel House of no such power to doe any great good or hurt to the Protestants And at his death he professed that he was no Sacramentary and that he died in the Catholick Faith Lord Cherbury in H. 8. anno 1540. Holl. an 32. H. 8. fol. 242. But for the suppression of Religious Houses it is not improbable He might well have learned that way under Cardinall Wolsy when he procured the suppression of fourty Monasteries of good note for the founding of his two Colleges at Oxford and Ipswich In which businesse our historians say the Pope licked his own Fingers to the value of twelve Barrels full of Gold and Silver Lastly for Doctor Barnes poor man he was neither Courtier nor Councelor nor Convocation man nor Parliament man All the grace which ever he received from King Henry was an honourable death for his Religion He said That he and such other wretches as he had made the King a whole King by their Sermons If they did so it was well done The meaning of a whole King is an Head of the Church saith R. C. It may be so but the consequence is naught Perhaps he meant a Soveraign independant King not feudatory to the Pope which he that is is but half a King Not only of old but in later times the Popes did challenge a power Paramount over the Kings of England within their own dominions as appeareth by the Popes Bull sent to Iames the fifth King of Scotland wherein he declareth that he had deprived King Henry of his Kingdome as an Heretick a Schismatick an Adulterer a Murtherer a Sacrilegious person and lastly a Rebell and convict of laesae Majestatis for that he had risen
persons sent into Ireland by the Pope that the end and scope of sending them into her Majesties Dominions was to prepare the Subjects to assist forrein invaders to excite the People to Rebellion and to deprive her Majesty of her Crown and dignity and life it self Yet may we not accuse all for the faults of some Though many of them who were bred in those Seminaries were Pensioners of the Pope the King of Spain or the Duke of Guise all which at that time were in open hostility with the Crown of England Is it not lawfull to forbid Subjects to be bred in an enemies Countrie or to turn their Pensioners or if they doe goe out of themselves to exclude them from their native Soyle Yet in other places and it may be in those Colleges also many others preserved their principles of loyalty At the same time Doctor Bishopp one of the Roman communion writ a Book to prove that the constitution obtruded upon the world under the name of the Lateran Councell upon which the Popes authority of deposing Princes and absolving Subjects from their allegiance is founded was not decreed by the Fathers nor ever admitted in England but was a private Decree of Pope Innocent the third If all his Fellowes had held the same moderation there had been no need of such Lawes But it is a remediless misery of Societies that when distinction cannot be made between the guilty and the Innocent publick Justice which seeks to prevent the common danger looks upon the whole Society with one eie And if any innocent persons suffer they must not blame the Law but their own Fellowes who gave just occasion for the making of such severe Lawes So we see how many things here were of their own election First they were warned by an Edict not to study in those Seminaries which were founded and maintained by such as were at that time in publick hostility with the Crown of England Nevertheless they would not doe it They were commannded to return home by a prefixed time They would not doe it This alone had been sufficient to punish them as Traitors by the ancient lawes of the Land Yet further they were commanded upon pain of death not to return into England nor to exercise their priestly Functions there Yet they did it And one of them writ a letter to the Lords of the Councel That he was come over and would not desist untill he had either turned them to be Roman Catholicks or died upon their Lances To conclude if we view the particular Lawes we shall finde that they looked more upon the Court of Rome then the Church of Rome The Act and Oath of Supremacy were framed in the daies of Henry the eighth by Roman Catholicks themselves The first penall Lawes of this nature that I finde made by Queen Elizabeth were in the sixth year of her reign against those who should maintain the authority of the Pope thrice by word or writing or refuse the Oath of â—upremay twice The second in the fourteenth year of her reign against those who should pronounce the Queen to be an Heretick Schismatick or Infidell And likewise those who brought over Bulls from the Bishop of Rome to reconcile any of the Queens Subjects or Indulgences or Agnus Dei or the like Yet was this never put in execution for six years untill the execution of it was extorted All this either concerned the Court of Rome or such Acts as were not necessary to a Roman Catholick for the injoyment of his conscience A man might beleeve freely what his conscience dictated to him or practise his own religion so he prated not too much nor medled with others Afterwards in the twenty third year of her reign issued out the Proclamation against the English Seminaries wherein her Subjects were bred Pensioners to the enemies of her Crown The last Lawes of this kinde were made in the twenty fourth year of her â—eign against those who should diswade English Subjects from their obedience to their Prince or from the Religion established or should reconcile them to the Church of Rome In all these Lawes though extorted from the Queen by so many rebellions and treasons and deprivations and extremest necessity there was nothing that did reflect upon an old quiet Queen Maryes Priest or any that were ordained within the land by the Romish Bishops then surviving so they were not over busie and medled with others These might have sufficed or officiating to Roman Catholicks if the Pope had pleased But he preferred his own ends before their safty Non his juvenius orta parentibus infecit aequor sanguine These were not principled for his purpose nor of that temper that his affaires required And therefore he erected new Seminaries and placed new Readers according to his own minde And in conclusion forced the Queen to use necessary remedies so save her selfe and the Kingdome These things being premised it will not be difficult to answer to all which R. C. saith First he saith that in all the pretended cases of treason there is no election but of matters of Religion and that they suffer meerly for matters of Religion without any shew of true Treason I confess that Treason is complicated with Religion in it But I deny that they suffer meerly for Religion any more then he that poisoned an Emperour or a Prior in the Sacrament could have been said to suffer for administring the Sacrament and not rather for mixing poison with the Sacrament or then he who out of blinde obedience to his Superior kills a man can be said to suffer death for his conscience or he who being infected with the Plague and seeking to infect others if he be shot dead in the attempt can be said to suffer for his sickness In so many designs to take away the Queens life in so many rebellions in so many seditious tenets in so many traitorous books and lastly in adhering unto and turning Pensioner to a publick professed Enemy of their Prince and native Country can he see no treason nothing but matters of Religion If he cannot or will not yet they who were more nearly concerned in it had reason to look better about them He asks how I can tearm that politicall Supremacy which is Supremacy in all causes to wit Ecclesiasticall or Religious I answer very well As the King is the Keeper of both Tables to see that every one of his Subjects doe his duty in his place whether Clergy-man or Lay-man and to inflâ—ct politicall punishment upon them who are delinquent And where he saith that Queen Elizabeth challenged more he doth her wrong She Challenged no more And moreover in her first Parliament tooke order to have the head of the English Church left out of her Title He demands further whether Nero by the same right might not have condemned St. Peter and St. Paul of Treason for coming to Rome with forbidden Orders and seeking to seduce his Subjects from the
the Popes at their pleasures gave legislative interpretations of other of their ecclesiasticall Laws as they thought good in order to their own Dominions made ecclesiasticall Corporations appropriated ecclesiasticall Benefices translated episcopall Sees forbid Appeals to Rome rejected the Popes Bulls protested against his Legats questioned both the Legates and all those who acknowledged them in the Kings Bench condemned the Excommunications and other sentences of the Roman Court enlarged or restrained the priviledges of the Clergy prescribed the endowment of Vicars set down the wages of Priests and made Acts to remedy the oppressions of the Roman Court And all this was shewed evidently not out of the single testimonies of some obscure Authors but out of the Customes and Common Law of the Realm out of the Reports of our Judges and greatest Lawyers out of the Laws of Edward the Confessor the Statutes of Clarendon and Carlile the Articles of the Clergy the Statutes of Provisors and many other Statutes made with the generall consent of the whole Kingdome It is not possible in any cause to produce more authenticall proofs then these are To all which in particular R. C. answers not one word So as once more I take it for granted that Henry the eight did nothing in his separation from the Court of Rome but what his most renowned Ancestors had chalked forth unto him All that he saith with any shew of opposition to this is first That whatsoever Kings doe is not lawfull Whereas I spake not of any single Kings but of the whole succession of British Eâ—glish Danish and Norman Kings nor of Kings alone but of them with the consent and concurrence of the whole Kingdome Clergy and Laity whiâ—h proves irrefragably that what they did was the Custome and common fundamentall Law of the Kingdome And that there is no Prescription nor can be against it That they did it de facto is enough to make good my assertion that Henry the eight did no new thing but what his Predecessors in all ages had done before him Secondly he saith That Kings may resist the exercise or Acts of Papall power sometimes and yet acknowledge the power Whereas the Laws and testimonies which I produced doe not only speak against some acts of Papall power but against the power it self against the Popes power to make Laws to send Legats or Bulls or Excommunications without license the power to receive Appeals the power to make ecclesiasticall Coâ—porations the power to dispose of ecclesiasticall Benefices c. What lawfull power had the Pope in the eye of the Law of England who by the Law of England could neither send a Legate thither to doe Justice there nor call the Delinquents or Litigants to Rome to doe Justice there without license Our Laws speak not only against Pandulphus or this or that Legate but against all Legates that come without license nor against the Bull or Excommunication of Paul the third alone but against all Bulls and Excommunications which were brought from Rome into the Kingdome without license Frustranea est ea potentia quae nunquam deduci potest in actum In vain is an absolute power given to a single person to execute that which he cannot execute without another mans license Lastly our Laws do ascribe this very power to the King which the Pope doth challenge The Patronage of the Church the power to make ecclesiasticall Laws the power to call ecclesiasticall Synods the power to dispose of all things which concern the externall regiment of the Church by the advise of his Clergy and Councell within his own Dominions In vain doth he distinguish between the acts or exercise of Papall power and the power it self seeing our ancient Law doth not only forbid the exercise of Papall power but deny the power it self He saith If I would indeed prove that Henry the eight did but vindicate his ancient liberty I should prove that English Kings before him did challenge to be heads of the Church immediatly under Christ by which headship as it was expressed in King Edwards time all Iurisdiction both in spirituall and temporall causes descended from the Crown To prove that Henry the eighth did but vindicate his ancient Liberty it is not necessary that I should justifie all the extravagant expressions or oylie insinuations of parasiticall flatterers Our Kings neither doe challenge nor ever did challenge all Jurisdiction in spirituall causes nor any part of the power of the Keyes either to their own use or to derive it to others Great Pallaces seldome want their Moths or great Princes their Flatterers who are ready to blow the coals of ambition and adorn their Masters with stollen plumes such as the Canonists were of old to the Popes It is not much to be wondred at if some Protestants did overshoot themselves in some expressions upon this subject having learned that language from a Roman Catholick before them Bishop Bonner being the Kings Embassador with Clement the seventh did so boldly and highly set forth his Masters Supremacy in the Assembly of the Cardinalls that they thought of burning him or casting him into a vessell of scalding lead if he had not provided for his own safety by flight Acworth contra Monarch Sanderi l. 2. p. 195. It would better become him and me if any such thing had beene to give unto Caesar that which is Caesars and unto God that which is Gods It is enough to my purpose to have shewed that all King Henries Predecessors did both challenge and enjoy this politicall headship of the Church as I have shewed throughout all the parts branches thereof if he could see wood for trees These very flowers and jewels of the Crown enumerated by me in this Chapter and demonstrated out of our Laws in my vindication doe make up that politique headship that is a power paramount to see that all persons doe their duties in their callings and that all things be acted by fit Agents which are necessary to that great and Architectonicall end that is the safety and tranquility of the Commonwealth This is that title which Edward the Confessor did enjoy before the Conquest namely The Vicar of God to govern the Church within his own Dominions which is neither more nor lesse then the politicall head of the Church In a great Family there are severall offices as a Divine a Physitian a Schoolmaster and every one of these is supreme in his own way yet the Master of the Family hath an oeconomicall power over them all to see that none of them doe abuse their trust to the disturbance of the Family Our Parliament Rolles our ecclesiasticall Registers the Records of the Kings Bench and Common Pleas doe all prove that it is no innovation for our Kings to interpose in ecclesiasticall affairs I doe confesse that some of these flowers which were peculiar to the King as the Patronage and investitures of Bishops in later dayes were snatched from the Crown by the violence of
if it had been a solemn interdict in those dayes And this nameless Author calls it but an Epistle Moreover he tells us of honourable presents sent to the Pope but not a word of any absolution which had been more to his purpose if this had been an excommunication It could be nothing but a threatning That unless this abuse were reformed he would hold no communion with them As Victor a much better Pope and in much better times dealt with the Asiaticks over whom he had no Jurisdiction There is a vast difference between formall excommunication and withholding of communion as also between imposing ecclesiasticall punishment and only representing what is incurred by the Canons Where observe with me two things First R. C. his great mistake that here was a command to erect new Bishopricks to which the Canons of the Fathers oblige not and therefore it must proceed from soveraign Authority whereas here was only a filling or supplying of the empty Sees The Authors words are de renovandis Episcopatibus of renewing not erecting Bishopricks and per septem annos destituta Episcopis they had wanted Bishops for seven years Lastly the names of the Sees supplyed which were all ancient episcopall Sees from the first conversion of the West-Saxons doe evince this Winchester Schireborne or Salessbâ—ry Wells Credinton now Exceter and the Bishoprick of Cornwall called anciently St. Germans Secondly observe that whatsoever was done in this business was done by the Kings Authority congregavit Rex Edwardus Synodum King Edward assembled a Synod saith the same Author in the place cited And he calls the sentence of the Synod Decretum Regis the Kings Decree This is more to prove the Kings politicall headship in convocating Synods and confirming Synods then all his conjectures and surmises to the contrary They with all humility admitted Legates of the Pope in the time of Kinulphus and Offâ— and admitted the erection of a new Archbishoprick in England Why should they not admit Legates What are Legates but Messenges and Ambassadors The office of an Ambassador is sacred though from the Great Turk But did they admit them to hold Legantine Courts and swallow up the whole ecclesiasticall Jurisdiction of the Kingdome King Offa desired to have a new Archbishoprick established at Lichfeild within his own Dominions and before he had the concurrence of Pope Adrian had excluded the Archbishop of Canterbury out of the Mercian Kingdome by royall Authority On the other side Kenulphus desired to have the Archbishoprick setled as it was formerly at Canterbury This is nothing to enforced Jurisdiction England alwaies admitted the Popes Legates and his Bulls with consent of the King but not otherwise Here again he cites no Authority but his own They professed that it belonged to Bishops to punish Priests and religious men and not to Kings No man doubts of it in their sense but they who leave nothing certain in the World Here is nothing but a heape of confused generalities In some cases the punishment of Clergy men doth not belong to Kings but Archbishops that is cases of Ecclesiasticall cognisance tryable by the Cannon Law in the first instance In other cases it belongs not to Archbishops but to Kings to be their Judges as in cases of civill cognisance or upon the last appeale Not that the King is bound to determine them in his own person but by fit Deputies or Delegates Plato makes all Regiment to consist of these three parts knowing commanding and executing The first belongs to the King and his Councell The second to the King in hâ—s person The third to the King by his Deputies So the King governs in the Church but not as a Church-man in the Army but not as a Souldier In the City but not as a Merchant in the Country but not as an Husbandman Our Kings did never use to determine Spirituall or Ecclesiasticall causes in their own persons but by meete selected Delegates Persons of great maturity of judgement of known dexterity in the Cannon Laws of approved integrity And lastly such at least some of the number as were qualified by their callings to exercise the power of the Keyes and to act by excommunication or absolution according to the exigence of the cause and who more proper to be such Delegates in questions of moment then Archbishops and Bishops This is so evident in our Laws and Histories that it is not only lost labour but shame to oppose it King Edgars words in the place alleged were these Meae solicitudinis est c. It belongs to my care to provide necessaries for the Ministers of Churches c. and to take order for their peace and quiet the examination of whose manners belongs to you whether they live continently and behave themselves honestly to them that are without whether they be solicitous in performing divine offices diligent to instruct the People sober in their conversations modest in their habits discreet in their judgments No man doubts of this But for all this Edgar did not forget his Kingly office and duty See the conclusion of the same oration to the Clergy contempta sunt verba veniendum est ad verbera c. words are dispised it must come to blows Thou hast with thee there the venerable father Edelwald Bishop of Winchester and Oswald the most reverend Bishop of Worcester I commit that busines to you that persons of bad conversation may be cast out of the Churches and persons of good life brought in by your episcopall censure and my royall Authority So Edgar did not forget his politicall headship What King Withred said was spoken in the Councell of Becancelde where he himself fate as a civill president and where the Decrees of the Councell issud in his name and by his Authority firmiter decernimus c. His words are these It belongs to him the King to make Earls Dukes Noble men Princes Presidents and secular Iudges but it belongs to the Metropolitan or Archbishop to govern the Churches to choose Bishops Abbats and other Prelates c. If King Withred had said It belongs to the Pope to govern the Churches it had made for his purpose indeed But saying as he doth it belongs to the Metropolitan it cuts the throat of his cause and shews clearly what we say that our Metropolitans are not subordinate to any single ecclesiasticall Superior As for the bounds between the King and the Archbishop we know them well enough he needed not trouble his head about it They suffered their Subjects to professe that qui non communicat Ecclesiae Romanae Hereticus est quicquid ipsa statuerit suscipio quod damnaverit damno He is an Heretick that holds not communion with the Church of Rome what she determines I receive what she condemns I condemn Supposing these to be the very words of Ealred though I have no reason to trust his citations further then I see them and supposing them to have
nothing of Jurisdiction From St. Ninian he proceeds to Palladius and St. Patrick Pope Caelestine consecrated Palladius and sent him into Scotland And not forgetfull of Ireland sent thither S. Patrick In all the instances which he hath brought hitherto we finde nothing but Preaching and Converting and Christening not one syllable of any Jurisdiction Will the British Records afford us so many instances of this kinde and not so much as one of any legislative or judiciary act Then certainly there were none in those dayes Whether Palladius was sent to the British or Irish Scots is disputable But this is certain that whithersoever he was sent he was rejected and shortly after died In whose place succeeded St. Patrick Therefore his Disciples hearing of the death of Palladius the Archdeacon c. came to St. Patrick and declared it who having received the Episcopall degree from a Prelate called Arator straightway took ship c. Here is nothing of Caelestinus but of Arator nor of a Mandate but St. Patricks free devotion He saith The same Pope sent thither St. German and Lupus to confute the Pelagian Heresie and both Britans Scots Picts and Irish willingly accepted these Legates of the Popes nor denyed that they had any authoritie over them I am wearie of so many impertinencies Still here is not one word of any Jurisdiction of the Roman Bishops over the British Church but of their charity and devotion which we wish their Successors would imitate I confesse that Prosper saith that Peladius was sent by Caelestinus If it were so it concernes not this cause But Constantius and venerable Bede and almost all other Authors doe affirm positively that they were both sent by a French Synod to assist the Britans their neighbours against the Pelagians And it is most probable for they were both French Bishops St. German of Anxewe Lupus of Troyes Baronius labours to reconcile these two different relations thus It may be the Pope did approve the choyse of the Synod or it may be that Caelestine left it to the election of the Synod to send whom they pleased Admit either of these suppositions was true it will bring no advantage to his cause but much disadvantage If the Bishop of Rome had been reputed to be Patriarch of Britain and much more if he had been acknowledged to be a spirituall Monarch it is not credible that the Britannick Church should have applyed it self for assistance altogether to their neighbours and not at all to their Superior He addeth that they willingly accepted these Legates of the Popes He is still dreaming of Legates if they were Legates they were the Synods Legates not the Popes As much Legates and no more then the Messengers of the Brittish Church which they sent to help them were Legates eodem tempore ex Britanniâ directa Legatio Gallicanis Episcopis nunciavit c. at the same time the British Legates shewed their condition to the French Bishops what need the Catholick Faith did stand of their present assistance Had they not reason to wellcome them whom themselves had invited who were come only upon their occasion Or what occasion had they to deny their authority who neither did usurpe any authority nor pretend to any authority They came to dispute not to judge Aderat populus Spectator futurus ac Iudex I know Constantius and venerable Bede doe call them Apostolicus Sacerdotes Apostolical Bishops not from their mission but most plainly for their Apostolical Endowments erat in illis Apostolorum instar gloria authoritas c. That Saint Gregory did send Austin into England to convert the Saxons is most true that the British Churches did suffer him to exercise any Authority or Jurisdiction over them is most untrue Touching the precise time of his coming Historiographers doe not agree exactly All accord that it was about the six hundreth year of Christ a little more or less Before this time Cyprus could not be more free from forrein Jurisdiction then Britain was After this time we confess that the Bishops of Rome by the consent or connivence of the Saxon Kings as they came to be converted by degrees did pretend to some formalities of right or authority over the English Church at first in matters of no great consequence as bestowing the Pall or the like But without the consent or against the good pleasure of the King they had no more power at all Jeoffry of Monmouth saith that Dubritius primate of Britain was Legate of the See Apostolick I should sooner have beleeved it if he had proved it out of Gildas who lived in or about the age of Dubritius then upon the credit of Ieoffry of Monmouth who lived so many hundred years after his death whose Writings have been censured as too full of Fables It were over supine credulity to give more credit to him then to the most eminent Persons and Synods of the same and the ensuing age Dubritius was Primate of Wales in the dayes of King Arthur and resigned his Archbishoprick of Caer Leon to St. David who removed his Archiepiscopall See from thence to Minevia now called St. Davids by the licence of King Arthur not of the Pope King Arthur began his reign as it is commonly computed about the year 516. perhaps something sooner or later according to different accounts But certainly after the Councell of Ephesus from whence we demonstrate our exemption And so it can neither advantage his cause nor prejudice ours We are told of store of Roman Legats yet not so much as any one act of Jurisdiction pretended to be done by any of them Certainly either they were no Papall Legates or Papall Legates in those daies were but ordinary Messengers and pretended not to any legantine Court or legantine Power such as is exercised now a dayes St. Samson saith he had a Pall from Rome wherefore untruly saith L. D. that the Pall was first introduced in the reign of the Saxon Kings after six hundred years of Christ. He mistakes my meaning altogether and my words also I said not that the first use of the Pall began after the six hundreth year of Christ but the abuse of it that is the arbitrary imposition thereof by the Popes upon the British Churches When they would not suffer an Archbishop duely ellected and invested to exercise his function untill he had bought a Pall from Rome I know the contrary that they were in use formerly But whether they were originally Ensignes of honour conferred by Christian Emperours upon the Church namely Constantine and Valentinian as is most probable or assumed by Patriarches is a disputable point This is certain other Patriarches and Archbishops under them had their Palls in the primative times which they received not from Rome This Samson was Archbishop of Wales and had his Pall But it appeareth not at all that he had it from Rome It may be that they had
take another Perhaps the Popes in justice might by Gods just disposition be an occasion but it was no ground of the Reformation And if it had yet neither this nor his other exceptions doe concern the cause at all There is a great difference between bonum and bene between a good action and an action well done An action may be good and lawfull in it self and yet the ground of him that acteth it sinister and his manner of proceeding indirect as we see in Iehu's reformation This concerned King Henries person but it concerns not us at all King Henrie protested that it was his conscience they will not beleeve him Queen Katherine accused Cardinall Wolsey as the Author of it she never accused Anne Bolen who was in France when that business began The Bishop of Lincoln was imployed to Oxford Bishop Gardiner and Dr. Fox to Cambridge to see the cause debated Besides our own Universities the Universities of Paris Orleans Angew Burges Bononia Padua Tholouse and I know not how many of the most learned Doctors of that age did all subscribe to the unlawfullness of that Marriage which he calleth lawfull The Bishop of Worcester prosecuted the divorce The Bishops of York Duresme Chester were sent unto Queen Katherine to perswade her to lay aside the title of Queen The Bishops of Canterbury London Winchester Bath Lincoln did give sentence against the Marriage Bishop Bonner made the appeal from the Pope The greatest sticklers were most zealous Roman Catholicks And if wise men were not mistaken that business was long plotted between Rome and France and Cardinall Wolsey to breake the league with the Emperour and to make way for a new Marriage with the Duchess of Alenson sister to the King of France and a stricter league with that Crown But God did take the wife in their own crastiness Yea even Clement the seventh had once given out a Bull privately to declare the Marriage unlawfull and invalid if his Legate Campegius could have brought the King to comply with the Popes desires I will conclude this point with two testimonies the one of Stephen Gardiner Bishop of Winchester Quid aliud debuit aut potuit c. What else ought the King or could the King doe then with the full consent of his People and judgment of his Church to be loosed from an unlawfull contract and to enjoy one that was lawfull and allowed and leaving her whom neither Law nor Equity did permit him to hold to apply himselfe to a chaste and lawfull marriage In which cause whereas the sentence of the Word of God alone had been sufficient to which all ought to submit without delay yet his Majestie disdained not to use the censures of the gravest men and most famous Universities The second is the testimonie of two Archbishops two Dukes three Marquesses thirteen Earls five Bishops six and twenty Barons two and twenty Abbats with many Knights and Doctors in their Letter to the Pope Causae ipsius justitia c. The justice of the cause it self being approved every where by the judgments of most learned men determined by the suffrages of most famous Universities being pronounced and defined by English French Italians as every one among them doth excell the rest in learning c. Though he call it a lawfull Marriage yet it is but one Doctors opinion And if it had been lawfull the Pope and the Clergy were more blame worthy then King Henry Secondly he faith he wanted due moderation because he forced the Parliament by fear to consent to his proceedings I have shewed sufficiently that they were not forced by their Letter to the Pope by their Sermons preached at St. Pauls Crosse by their perswasions to the King by their pointed looks to which I may add their Declaration called the Bishops Book signed by two Archbishops and nineteen Bishops Nor doe I remember to have read of any of note that opposed it but two who were prisoners and no Parliament men at that time Sir Thomas More yet when King Henry writ against Luther he advised him to take heed how he advanced the Popes authority too much left he diminished his own And Bishop Fisher who had consented in convocation to the Kings title of the Supreme Head of the English Church quantum per Christi legem licet But because Bishop Gardiner is the only witness whom he produceth for proof of this allegation I will shew him out of Stephen Gardiner himself who was the Tyrant that did compell him Quin potius orbirationem neddeâ—e volui c. I desired rather to give an account to the World what changed my opinion and compelled me to dissent from my former words and deeds That compelled me to speak it in good time which compelleth all men when God thinketh fit the force of truth to which all things at length doe obey Behold the Tyrant not Henry the eight but the force of truth which compelled the Parliament Take one testimonie more out of the same Treatise But I fortified my self so that as if I required the judgment of all my senses I would not submit nor captivate my understanding to the known and evident truth nor take it to be sufficiently proved unless I first heard it with mine eares and smelt it with my nose and see it with mine eyes and felt it with my hands Here was more of obstinacie then tyranny in the case Either Stephen Gardiner did write according to his conscience and then he was not compelled or else he dissembled and then his second testimonie is of no value It is not my judgment but the judgment of the Law it self Semel falsus semper presumitur falsus To the third condition he faith only that Henry the eight had not sufficient authority to reforme first because it was the power of a small part of the Church against the whole I have shewed the contrarie that our Reformation was not made in opposition but in pursuance of the acts of generall Councells neither did our Reformers meddle without their own spheres And secondly because the Papacy is of divine right Yet before he told us that it was doubtfull and very courteously he would put it upon me to prove that the Regiment of the Church by the Pope is of humane institution But I have learned better that the proof rests upon his side both because he maintains an affirmative and because we are in possession It were an hard condition to put me to prove against my conscience that the universall Regency of the Pope is of humane right who doe absolutely deny both his divine right and his humane right His next exception is that it is no sufficient warrant for Princes to meddle in spirituall matters because some Princes have done so If he think the externall Regiment of the Church to be a matter meerly spirituall he is much mistaken I cite not the exorbitant acts of some single
other Churches and not Rome St. Peter might have continued Bishop of Antioch untill his death and then Antioch had still been the Mistriss and foundation of all other Churches He might have been neither Bishop of Antioch nor Rome and then the other Churches had wanted such an hereditary Mistriss All this is confessed by Bellarmine Doth Paul the ninth make us new Articles of Faith of so great contingency that were not of perpetuall necessity How can the Church of Rome be the foundation of all Christians in all places when there have been so many Christian Churches ever since the dayes of the Apostles who never had any thing to doe with Rome nor scarcely ever heard of the name of Rome If the Pope be the Master of all Christians he is but a young Master for we finde no such expression in all the primitive times Why were the ancient Bishops so grosly over-seen to stile him their Brother their Collegue their Fellow who was their Master It might be modesty in the Pope to use such familiar expressions as a Generall calls all his Army fellow Souldiers but it was never heard that a private Colonell or Captain did call his Generall fellow Souldier or a Servant call his Master fellow Servant or an ordinary Clerk call his Bâ—shop his Brother St. Peter writ himself a fellow elder not a Master If St. Paul had known that the Roman Church had been the Mistriss and foundation of all other Churches he would have given them their due title and the whole Scripture had not been so silent in so necessarie a point But he saith the Popes Supremacy is neither against the two Creeds nor the fiâ—st four generall Councells intimating thereby that it excludes none from salvation and consequently is no sufficient cause of separation I answer first that it is against the four first generall Councels if this were a proper place for the discussion of it I answer secondly that though it were not opposite to the Creed or the first four generall Councells yet if it be not virtually included in the Creed being as it is by them obtruded upon all Christians as an Article of faith or a necessarie part of saving truth extra quam non est salus without which there is no salvation it becomes a just and sufficient cause of separation to all those upon whom it is so obtruded Of this more in the next argument My second argument may be thus reduced That Court which obtruded newly coyned Articles of faith such as the Doctrin of the seven Sacraments Transubstantiation Purgatory Invocation of Saints worshipping of Images Indulgences and especially the Popes Supremacy upon the Christian world as absolutely necessary to salvation and necessarie conditions of Catholick communion and excommunicateth and anathematizeth above three parts of the Christian world for not admitting them is fearfully schismaticall But the Court of Rome doth all this That these are no old Articles appeareth by all the ancient Creeds of the Church wherein they are neither explicitely nor virtually comprehended That they are made new Articles by the Court of Rome appeareth by the Bull of Pius the fourth wherein they are added to the old Creed ut unius ejusdem fidei professio uniformiter ab omnibus exhibeatur that the profession of one and the same faith may be declared uniformly by all and one certain form thereof be made known to all And lastly That the Court of Rome hath solemnly excommunicated with the greater excommunication and anathematized and excluded so farre as lieth in their power from the communion of Christ all the Grecian Russian Armenian Abyssen and reformed Churches being three times more in number then themselves for not receiving these new Articles or some of them and especially for not acknowledging the Sovereign Power and Jurisdiction of the Roman Bishop and his Court appeareth undeniably by the famous Bull of Pius the fifth called Bulla caenae because it is read in die caenae Domini or upon Thursday before Easter In way of answer to this he asketh how this was any cause of King Henry's revolt I reply first that though Henry the eighth had not thought of this so it had not been causa procreans a productive cause of the separation yet to us it is a most just cause to condemn them of Schism Secondly the revolt or more truly the separation of the Church of England from the Church of Rome was not made by Henry the eight or the English Church but by the Pope and Court of Rome who excommunicated him and his Kingdome for not enduring their encroachments and usurpations He and his Kingdome were passive in it only the Court of Rome was doubly active first in revolting from the right Discipline of their Predecessors and secondly in excluding the party wronged from their communion But in the separation of England from the oppessions of the Court of Rome I confesse that Henry the eighth and the Kingdom were active And this very ground to avoid the tyranny and ambition and avarice of the Roman Court was the chief impulsive cause both to the English and Eastern Christians For though the Sovereignty of the Roman Bishop was not obtruded upon them in form of a Creed yet it was obtruded upon them as a necessarie point of Faith If Henry the eight had any other private sinistre grounds known only to himself they doe not render the Reformation one jod the worse in it self but only prove that he proceeded not uprightly which concerneth him not us Secondly he answereth that though they profess that it is necessary to salvation to be under the Pope as Vicar of Christ yet they say not that it is necessary necessitate medii so as none can be saved who doe not actually beleeve it If all this were true yet it were too much to oblige the whole Christian world to submit to the Pope as the Vicar of Christ by virtue of the commandement of God But I fear that Pope Pius by his Bull and all they by their swearing in obedience thereunto doe make it to be necessary necessitate medii so as none can be saved who doe not actually beleeve it And then there was little hope of salvation throughout the whole Christian World in the times of the Councells of Constance and Basile out of the Popes own Court which was then the only Noahs Arke The words of their Oath are these Hanc veram catholicam fidem extra quam nemo salvus esse potest c. This true catholick faith without which no man can be saved which I profess freely and hold truly in present I doe promise vow and swear by the help of God to retein and confess perfect and inviolated most constantly to my last gasp and will take care so farre as in me lyeth to cause it to be taught and preached to all that shall be committed to my charge If it were not necessary necessitate medii some
the Pope or his Office If Luther proceeded not in form of Law against the Pope it is no marveil I remember no process in Law that was between them He challenged only verbum informans not virgam reformantem Doe you think that if he or any other had cited the Pope to have appeared in Germanie or England he would have obeyed the Summons They might as well have called again yesterday Howsoever Luther's acts concern not us Their third objection is that we have quitted our lawfull Patriarch which argument he saith he will omit because we have spoken enough of that before Either I am mistaken or this is a fallacie of no cause for a cause The true cause why he omitteth it being not because we have spoken enough of it for he hath continually declined it but rather because he seeth that it is incompatible with that sovereignty and universality of Power which the Roman Bishops doe challenge at this day Let them lose the substance whilest they catch at the shadow But in the place of this he proposeth another objection which he calleth their most forcible argument against us which in brief is this No Church is to be left in which salvation is to be had but we confess that the Roman Church is a true Church in substance the true Church c. I cannot but observe what difference there is in the judgements of men for of all their objections I take this to be the weakest And so would he also if he would cease to confound the Catholick Church with a Catholick Church that is the universall Church with a particular Church and distinguish the essentialls of a Church from the corruptions of a Church and make a difference between a just reformation of our selves and a causless separation from others But be the argument what it will forcible or weak it hath been answered abundantly in this Treatise over and over again And therefore though he pleased I use his own expressions to say it often to repeat it often to inculcate it Yet I dare not abuse the patience of the Reader with so many needless tautologies He taxeth me for not answering some testimonies which he hath collected in a book of his called the Protestants plain Confession which he saith I have read and therefore I ought not to have dissembled them but perhaps I thought them too hard to be answered I confess I have read some of his books formerly but I deny that I have one of them in-present If I had doth he think it reasonable or indeed possible that in one Chapter I should take notice of all that hath been written upon this Subject I confess I have answered many impertinences in this Treatise but a man would not willingly go so far out of his way to seek an impertinence When I did read some of his Treatises I pitied the mispending of so much time in weeding and wresting of Authors of severall reformations who writ in the beginning of the Controversie between sleeping and waking Sometimes he condemneth us of Schism for communicating with them some other times he citeth them as our Classicall Authors and at other times from the different Opinions of the Sons of the same Church he impugneth the conclusion wherein they doe all accord As if I should argue this If the bread be transubstantiated into the body of Christ it is either by production or aâ—duction but such and such Roman catholick Authors doe deny that it is by produduction and such and such other Roman catholick Authors doe deny that it is by adduction therefore by the plain confession of Roman Catholicks there is no transubstantiation If I had omitted any testimonies of weight cited by him in this Treatise as he hath done the most of all my grounds then with better reason he might have called it dissembling He seemeth to me to take this course only to make his credulous Reader beleeve that there is more in his books then there is It is the Church of England which he hath undertaken to combate Let him not leave his chosen Province to seek out petty adversaries among strangers and think to wound the Church of England through their sides He needeth not to be so much abroad whilest he may have enough to doe at home He urgeth that there is no salvation out of the Church no more then there was out of the Arke of Noah howsoever or for whatsoever one went out That Noahs Arke was a figure of baptisme St. Peter doth assure us and it may also very fitly represent the Church but that is the catholick or universall Church and then we yeeld the conclusion that there is no salvation out of the Church But particular Churches are like severall Chambers or Partitions within the Arke of Noah A man might goe out of one of them untill it was cleansed into another without any danger The Church of Rome is not Noahs Arke but St Peters Boat The rest of the Apostles had their Boats as well as Saint Peter He beateth but the aire in citing Saint Austin and Saint Hierome against us who have neither left the Church nor the Communion of the Church He maketh our Church to be in worse condition then the Church of the Donatists because Protestants grant that the Church of Rome doth still retein the essence of a true Church but the Donatists did deny that the catholick Church of their time was a true Church Doth he not see that he argueth altogether against himself The Schism of the Donatists consisted therein that they did uncharitably censure the catholick Church to have lost the essence of the Church this was indeed to goe schismatically out of the Communion of the Church and on the other side this is our safety and security that we are so far from censuring the catholick Church that we doe not censure the Roman Church which is but a particular Church to be no Church or to have lost its Communion with Christ nor have separated from it in any essentiall of Christian Religion but only in corruptions and innovations Our Charity freeth us from Schism The uncharitableness of the Donatists rendred them Schismaticks It may be a good lesson for the Romanists who tread too much in the steppes of the Donatists What Calvine saith That God accounteth him a forsaker of his Religion who obstinately separateth himself from any Christian Society which keepeth the true Ministery of the Word and Sacraments Or that there may some vice creep into the Ministery of the Word and Sacraments which ought not to alienate us from the communion of a true Church Or lastly that we must pardon errors in those things which may be unknown without violaâ—ing the summe of Religion or without losse of Salvation or we shall have no Church at all doth not concern us who doe not dream of an Anabaptisticall perfection and upon this very ground doe admit them to be a true Church though imperfect who
land when soever these were infringed or an attempt made to destroy them as the liberties of the Crowne and Church of England had then been invaded by the Pope it was the manner to restore them or to declare them by a statute which was not operative to make or create new law but declarative to manifest or to restore ancient law This I told him expressely in the vindication and cited the judgement of our greatest Lawyers Fitz Herbirt and my Lord Cook to prove that this very statute was not operative to create new law but declarative to restore ancient law This appeareth undeniably by the statute it self That England is an Empire and that the King as head of the body politicke consisting of the spirituality and temporality hath plenary power to render finall Iustice for all matters Here he seeth expressely that the dolitcall supremacy or headship of the King over the spirituality as well as temporality which is all that we assert at this day was the an e nt fundamentall law of England And lest hâ—e should accuse this Parliament of partialiâ—y I produced another that was more ancient The Crowne of England hath been so free at all times that it hath been in no earthly subjection but immediately subjected to God in all things touching it's Regality and to no other and ought not to be submitted to the Pope Here the Kings politicall Supremacy under God is declared to be the fundamentall Law of the Land Let him not say that this was intended onely in temporall matters for all the grievances mentioned in that statute are expressely Ecclesiasticall What was his meaning to conceal all this and much more and to accuse me of impudence Secondly he saith that I bring diverse allegations wherein the Popes pretences were not admitted or where the Pope is expressely denied the power to do such and such things Do we professe the Pope can pretend no more then his right Doth he think a legitimate authority is rejected when the particular faults of them that are in authority are resisted He stileth the Authorities by me produced meer Allegations yet they are as authentick Records as England doth afford But though he be willing to blanch over the matter in generall expressions of the Popes pretences and such or such things as if the controversy had been onely about an handfull of goats wool I will make bold to represent some of the Popes pretences and their declarations against them And if he be of the same mind with his Ancestours in those particulars he and I shall be in a probable way of reconciliation as to this question They declared that it was the custom or common law of the land ut nullus praeter licentiam Regis appelletur Papa that no Pope might be appealed unto without the Kings licence They made a law that if any one were found bringing in the Popes letters or mandates into the kingdome let him be apprehended and let justice passe upon him without delay as a Traitor to the King and kingdome They exercised a legislative power in all ecclesiasticall causes concerning the external subsistence Regiment and regulating of the Church over all Ecclesiastical persons in all ages as well of the Saxon as of the Norman Kings They permitted not the Pope to endow Vicars nor make spiritual corporations nor exempt from the jurisdiction of the ordinary nor appropriate Churches nor to dispose Benefices by lapse nor to receive the revenues in the vacancy but the King did all these things as I shewed at large in the vindication They permitted not the Popes canon law to have any place in England further then they pleased to receive it They gave the king the last appeal of all his subjects they ascribed to him the patronage of Bishopricks and investitures of Bishops They suffered no subject to be cited to Rome without the Kings license They admitted no Legates from the Pope but meerly upon courtesy and if any was admitted he was to take his oath to doe nothing derogatory to the King or his Crowne If any man did denounce the Popes excommunication in England without the Kings consent or bring over the Popes bull he forfeited all his goods So the laws of England did not allow the Pope to cite or excommunicate an English Subject nor dispose of an English Benefice nor send a Legate a latere orso much as an authoritative bul into England nor to reâ—eive an appeal out of England without the kings license But saith he To limit an authority implies an admittance of it in cases to which the rsstraints extend not This was not meerly to limit an authority but to deny it VVhat lawfull Jurisdiction could remain to him in England who was not permitted by law to receive any appeal thence nor to send any Citation or sentence thither nor execute any authority over an English Subject either at Rome by himself or in England by his deputies without licence That he exercised all these acts at sometimes there is no doubt of it But he could not exercise them lawfully without consent Give us the same limitation which our Ancestours alwayes claimed that no forraign authority shall be exercised in England withour leave and then give the Pope as much authority as you please volenti non fit injuria consent takes away error He is not wronged who gives leave to another to wrong him He demandeth first were not those bawes in force in the beginning of Henry the eighths raign Yes but it is no strange matter to explaine or confirm or renew ancient laws upon emergent and subsequent abuses as we see in magna Charta the statute of proviso's and many other Statutes Secondly he asketh whether we began our Religion there that is at that time when these ancient lawes were made no I have told him formerly that these statutes were onely declarative what was the ancient common law of the kingdome VVe began our Religion from Joseph of Arimathea's time before they had a Church at Rome But it is their constant use to make the least reformation to be a new Religion Lastly he enquireth whether there be not equivolent laws to these in France Spaine Germany and Italy it self and yet they are Catholicks and hold communication with the Pope Yes there are some such laws in all these places by him mentioned perhaps not so many but the liberties of the French Church are much the same with the English as I have shewed in the vindication And therefore the Popes friends do exclude France out of the number of these Countries which they term Pays d' obedience loyall Countries VVhat â—use some other Countries can make of the Papacy more then we in England concerns not me nor this present discourse And here to make his conclusion answerable to his preface in this section he cries out How ridiculous how impudent a manner of speaking is this to force his Readers to renounce their eyes and