or consecration Who so proper to chuse a Bishop as the Chapiter So was that Convent until the Reformation Who so proper to Ordain as the Bishop For neither Derry nor the Isles did ever want a Bishop from their first conversion So referendo singula singulis the words of Bede are plain the Chapiter named and the Bishop Ordained Fourthly they mistake the subjection The Abbat was the Lord of the Manour and so the Bishop was subject to the Abbat in temporalibus But the Abbat was every where subject to the Bishop in spiritualibus who did annually visite both the Abby and the Abbat as by the visitation-rolles and records if these intestine wars have not made an end of them may appear You see upon what conjecturall grounds Criticks many times build new paradoxes which one latent circumstance being known is able to disperse and dissipate with all their probable presumptions If it had not been thus It is no new thing for an Abbat to challenge Episcopal Jurisdiction or to contend with his Bishop about it What is this to meer Presbyters qua tales Lastly they contradict Venerable Bede He saith it was ordine inusitato by an unusuall order They say it was in a manner the common rule of all the English And this they say upon pretence of a decree of the Councel of Hereford that such Bishops as had voluntarily professed Monkery should perform their promised obedience Which is altogether impertinent to their purpose Doth any man doubt whether Bishops might freely of their own accord enter into a religious Order or that they were not as well obliged to perform their vow as others Some Emperours have done the same Yet no man will conclude from thence that Emperours are inferiour to Abbats Such mistakes are all their instances except they light by chance upon an unformed Church before it were well settled As if a man should argue thus There have been no Bishops in Virginia during the Reigns of King Iames and King Charles therefore the Clergy there were Ordained by Presbyters We know the contrary that they had their Ordination in England So had the Clergy in unformed Churches forreign Ordination This is part of that which we have to say for a proper Patriarchate and for our exemption from the Jurisdiction of the Roman Court from which our separation is much wider then from the Roman Church Other differences may make particular breaches but the Roman Court makes the universal Schisme between them and all the rest of the Christian world and hath been much complained of and in part shaken off by some of their own communion I could wish with all my heart that they were as ready to quit their pretended prerogatives which not we alone but all the world except themselves and a great part of themselves privately so condemn as we should be to wave our just priviledges and if need were to sacrifice them to the common peace of Christendome This was a more noble and a more speedy way to a reâ—union then a Pharisaical compassing of Sea and Land to make particular Proselytes of all those whom either a natural levity or want of judgment or discontent or despair to see the Church of England re-established or extream poverty and expectation of some supply have prepared for their baits whom they do not court more untill they have gained them then they neglect after they think they have them sure as daily experience doth teach 〈◊〉 CHAP. X. Th Conclusion of this Treatise THis is the Treatise of Schisme intimated in my answer to Monsiâ—ur de la militiere but not promised by me who know nothing of the impression nor should have judged it proper to give an English answer to a French Author Howsoever being published I own it except the errors of the Presse Among which I desire the Christian Reader to take notice especially of one because it perverts the sense It is noted in the margent They who have composed minds free from distracting cares and meanes to maintain them and friends to assist them and their books and notes by them do little imagine with what difficulties poor Exiles struggle whose minds are more intent on what they should eat to morrow then what they should write being chased as Vagabonds into the mercilesse world to beg relief of strangers An hard condition that when the meanest creatures are secured from that fear of wanting necessary sustenance by the bounty of God and nature that onely men the best of creatures should be subjected to itâ— by undeserved cruelty Peruse all the Histories of the latest wars among Dutch French Swedes Danes Spaniards Poles Tartars and Turks and you shall not meet with the like hard measure Did the King of Spain conqner a Town from the Hollanders He acquired a new Dominion but the property of private men continued the same Did the Hollanders take in a Town from the Spaniard they made provision for the very Cloisterers during their lives So did our Henry the eighth also at the dissolution of the Abbies Violent things last not long Or if Exiles can subsist without begging yet they are necessitated to do or suffer things otherwise not so agreeable to them Wherein they deserve the pity of all good men When Alexander had conquered Darius and found many Grecians in his Army he commanded to detain the Athenians prisoners because having meanes to live at Rome they chose rather to serve a Barâ—arian And the Thessalians because they had a fruitfull Countrey of their own to till But said he suffer the Theâ—ans to go free for we have left them neither a City to live in nor fields to till This is our condition When the free exereise of the Roman Religion was prohibited in Eâ—gland and they wanted Seminaries at home for the education of their youth and means of Ordination Yet by the bounty of forreign Princes and much more by the free contribution of our own Countrey-men of that communion they had Colledges founded abroad for their subsistance So careful were they to propagate and perpetuate their Religion in their native Countrey The last age before these unhappy troâ—bles was as fruitful in works of piety and charity done by Protestants as any one preceding age sinâ—e the conversion of Britaignâ— And although we cannot hope for that forreign assistance which they found yet might we have expected a larger supply from home by as much as our professours are much more numerous then theirs were Hath the sword devoured up all the charitable Obadiahs in our Land Or is there no man that layes the affliction of Ioseph to heart Yet God that maintained his people in the Wildernesse without the ordinary supply of food or rayment will not desert us untill he turn our captivity as the rivers in the South Where humane help faileth Divine begins But to draw to a conclusion We have seen in this short Treatlse how the Court of Rome hath been the cause of all the differences
corrupted and degenerated it doth still retein a Communion not onely with the Catholick Church and with all Orthodox Members of the Catholick Church but even with that corrupted Church from which it is separated except onely in corruptions We may well inlarge the former ground that if two particular Churches shall separate themselves one from another And the one retein a communion with the Universal Church and be ready to submit to the determinations thereof And the other renounce the Communion of the Universal Church and contumaciously despise the Jurisdiction and the decrees thereof the former continues Catholick and the later becomes Schismatical To shew that this is our present condition with the Church of Rome is in part the Scope of this Treatise They have subjected Oecumenical Councels which are the Soveraign Tribunals of the Church to the Jurisdiction of the Papal Court And we are most ready in all our differences to stand to the judgment of the truly Catholick Church and its lawful Representative a free general Councel But we are not willing to have their virtual Church that is the Court of Rome obtruded upon us for the Catholick Church nor a partial Synod of Italians for a free general Councel Thirdly there may be an actual and criminous separation of Churches which formerly did joyn in one and the same Communion And yet the Separaters be innocent and the persons from whom the separation is made be nocent and guilty of Schisme because they gave just cause of separation from them It is not the separation but the cause that makes the Schisme Saint Paul himself made such a separation among his disciples And Timothy is expresly commanded that if any man did teach otherwise and consented not to wholsome words even to the words of our Lord Iesus Christ and to the doctrine which is according to godlinesse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 withdraw thy self stand aloof or separate thy self from such persons It is true that they who first desert and forsake the Communion of their Christian brethren are Schismaticks but there is a moral defection as well as local It is no Schisme to forsake them who have first themselves forsaken the common faith wherein we have the confession of our adversaries They who first separated themselves from the primitive pure Church and brought in corruptions in faith practice Leiturgy and use of Sacraments may truly be said to have been hereticks by departing from the pure faith and Schismaticks by dividing themselves from the external communion of the true uncorrupted Church It is no Schisme to separate from hereticks and Schismaticks in their heresie and Schisme This is all the Crime which they can object to us The Court of Rome would have obtruded upon us new articles of faith we have rejected them They introduced unlawful rites into the Leiturgies of the Church and use of the Sacraments we have reformed them for our selves They went about to violate the just liberties and priviledges of our Church we have vindicated them And for so doing they have by their Censures and Bulls separated us and chased us from their communion where lies the Schisme Fourthly to withdraw obedience from a particular Church or from a lawful Superiour is not alwaies criminous Schisme Particular Churches may sometimes erre and sometimes clash with the universal Church Patriarchs and other subordinate Superiours may erre and sometimes abuse their authority sometimes forfeit their authority sometimes disclaim their authority or usurp more authority then is due unto them by the Canons They would perswade us that obedience is to be yeelded to a Church determining errours in points not fundamental But they confound obedience of acquiescence with obedience of conformity They forget willingly that we acknowledge not that they ever had any lawful authority over us par in parem non habet potestatem Equals have no Jurisdiction over their equals The onely difficulty is that this seems to make Inferiours Judges of their Superiours the flock of their Pastour the Clergy of their Bishop the Bishop of his Metropolitan the Metropolitan of his Patriarch whereas in truth it onely gives them a Judgment of discretion and makes them not to be Judges of their Superiours but onely to be their own Judges salvo moderamine inculpatae tutelae to preserve themselves from sin or heresie obtruded upon them under the specious pretences of obedience and Charity This is not deficere but prospicere not to renounce due obedience to their lawful Superiours but to provide for their own safety Some things are so evident that the Judgment of the Church or a Superiour is not needfull Some things have been already judged and defined by the Church and need no new determination If a Superiour presume to determine contrary to the determination of the Church it is not rebellion but loyalty to disobey him When Eunomius the Arrian was made Bishop not one of his flock rich or poor young or old man or woman would communicate with him in the publick service of God but left him to officiate alone When Nestorius did first publish his heresie in the Church in these words If any man call the Virgin Mary the Mother of God let him be accursed the people made a noise run out of the Church and refused ever after to communicate with him Valentinian the Emperour shunned the communion of Sixtus the third Many of the Roman Clergy withdrew themselves from the communion of Anastasius their Bishop because he had communicated with the Acatians Rusticus and Sebastianus two of the Popes chiefest Deacons did not onely themselves forbear the Communion of Vigilius but drew with them a good part of the Church of Rome and other Occidental Churches It cannot be denied but that among many examples of this Lyne some are reprehensible not because they did arrogate to themselves a liberty which they had not but because they abused that liberty which they had either by mistaking the matter of fact or by presuming too much upon their own judgments To prevent which inconveniencies â—he eighth Synod decreed not by way of censure but of caution as a preservative from such abuses for the future that no Clerk before diligent examination and Synodical sentence should separate himself from the communion of his proper Bishop no Bishop of his Metropolitan no Metropolitan of his Patriarch Then what is Schisme Schimse signifies a criminous scissure rent or division in the Church an Ecclesiastical Sedition like to a mutiny in an Army or 〈◊〉 in a State Therefore such ruptures are called by the Apostle indifferently 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Schismes or seditious segregations of an aggregate body into two opposite parties And there seems to me to be the same difference between heresie properly so called and Schisme which is between an inward sicknesse and an outward wound or ulcer Heresie floweth from the corruption of faith within
A IVST VINDICATION OF THE Church of England FROM The unjust Aspersion of Criminal SCHISME WHEREIN The nature of Criminal Schisme the divers sorts of Schismaticks the liberties and priviledges of National Churches the rights of Sovereign Magistrates the tyranny extortion and Schisme of the Roman Court with the grievances Complaints and opposition of all Princes and States of the Roman Communion of old and at this very day are manifested to the view of the World By the Right Reverend Father in God Iohn Bramhall Dr. in Divinity and Lord Bishop of Derry Pacian in ep ad Sempron My name is Christian my sirname is Catholique By the one I am known from Infidels by the other from Hereticks and Schismaticks LONDON Printed for Iohn Crook at the sign of the Ship in S. Paul's Church-Yard 1654 THE Contents of the particular CHAPTERS CHAP. I. THe Scope and summe of this Treatise Pag. 1. CHAP. II. The stating of the question what is Schisme who are Schismaticks and what is signified by the Church of England in this question p. 6. CHAP. III. That the Separation from the Court of Rome was not made by Protestants but Roman Catholicks themselves p. 31 CHAP. IV. That the King and Kingdome of England in their Separation from Rome did make no new Law but vindicate the ancient Law of the Land pag. 54. CHAP. V. That the Britannick Churches were ever Exempted from all forreign Iurisdiction And so ought to continue pag. 87 CHAP. VI. That the King and Church of England hâ—d both sufficient authority and sufficient grounds to withdraw their obedience from Rome p. 1â—6 CHAP. VII That all Kingdomes and Republicks of the Roman Communion Germany France Spain Portugal Sicilly Brabant Venice do the same thing in effect when they have occasion p. 160 CHAP. VIII That the Pope and Court of Rome are many waies guilty of Schisme and the true cause of the Dissensions of Christendome Pag. 229 CHAP. IX An Answer to the Objections of the Romanists p. 245 CHAP. X. The Conclusion of the Treatise p. 275. Courteous Reader BY reason of the Authour's Absence and difficulty of the written Copy severall Errata's have past the Presse which you are desired to amend and among the rest these following Page 7. in Margine Act. leg Art p. 13. line 17. Lyne leg kind p. 13. in marg Manrit leg Maurit p. 14 l 1 Schimse leg Schisme p. 15 l. 15 Creed leg Creeds p. 18 l. ult legemachies leg logomachies p. 21 l. 8. qui leg quis p. 22 l. 4. teach for touch p. 35 l. 8. these for those p. 39. l. 31. dele little p. 42 in margine modo for nodâ— p. 65 in margine 78 for 787 p. 67 Hesâ—is for Hosius in marg p. 74 l. 1 sepultura for sepulchra p. 79 l. 4 Asseâ—tie for Asserio p. 85 l. 30 the for his Legates p. 102 l. 25 as for or p. 113 in marg lais for Caiet p. 119 l. 2 novum for nonum p. 121 l. 11 no for had p. 140 for 138 p. 141 for 139 p. 144 for 142 p. 145 for 143 p. 914 for 149 p. 129 l. 23 chink for klink and l. 25 despensations for dispensations p. 130 l. 10 Simoniae for Simonia and l. 20 21 aliam and nummam for alium and nummum p. 131 l. 1 conscivit for consuevit p. 132 l. 16 singulta for singultu and lin 20 speculiem for speculum p. 133 l. 28 papale for papali l. 29 rigarâ— for rigore line 30 praecipient for praecipiente p. 138 l. 6. for then the oath read then that the oath p. 142 l. 5 sweare for sware And in the margent Hoops for Harps p. 153 l. 15 provisos for provisors And in the marg theops for the copy p. 164 l. 10 deest not p. 165 l. 30 thar for that p. 186 l 32 which leg wherewith p. 199 l. 14 Redimendum leg Redimendam p. 214 l. 4 leg Placaert l. 27 but for but p. 217 in marg Imprss. leg Impress A JUST VINDICATION OF THE Church of England CHAP. I. The Scope and summe of this Treatise 1. NOthing hath been hitherto or can hereafter be objected to the Church of England which to strangers unacquainted with the state of our affaires or to such of our Natives as have onely looked upon the case superficially hath more Colour of truth at first sight then that of Schisme that we have withdrawn our obedience from the Vicar of Christ or at least from our lawful Patriarch and separated our selves from the Communion of the Catholick Church A grievous accusation I confesse if it were true for we acknowledge that there is no salvation to be expected ordinarily without the pale of the Church 2. But when all things are Judiciously weighed in the Ballance of right reason when it shall appear that we never had any such forrein Patriarch for the first six hundred years and upwards And that it was a grosse Violation of the Canons of the Catholick Church to attempt after that time to obtrude any forrein Jurisdiction upon us That before the Bishops of Rome ever exercised any Jurisdiction in Brittain they had quitted their lawful Patriarchate wherewith they were invested by the authority of the Church for an unlawful Monarchy pretended to belong unto them by the institution of Christ That whatsoever the Popes of Rome gained upon us in after-ages without our own free consent was meer tyranny and usurpation That our Kings with their Synods and Parliaments had power to revoke retract and abrogate whatsoever they found by experience to become burthensome and insupportable to their Subjects That they did use in all ages with the consent of the Church and Kingdom of England to limit and restrain the Exercise of Papal power and to provide remedies against the daily incroachments of the Roman Court so a Henry the Eighth at the reformation of the English Church did but tread in the steps of his most renowned Ancestours who flourished whilest Popery was in its Zenith And pursued but that way which they had chalked out unto him a way warranted by the practise of the most Christian Emperours of old and frequented at this day by the greatest or rather by all the Princes of the Roman Communion so often as they find occasion When it shall be made evident that the Bishops of Rome never injoyed any quiet or settled possession of that power which was after deservedly cast out of England so as to beget a lawful prescription And lastly that we have not at all separated our selves from the Communion of the Catholick Church nor of any part thereof Roman or other qua tales as they are such but only in their innovations wherein they have separated themselves first from their Common Mother and from the fellowship of their own Sisters I say when all this shall be cleared and the Schisme is brought home and laid at the right door then we may safely conclude that by how much we should turn more Roman
then we are whilest things continue in the same condition by so much we should render our selves lesse Catholique and plunge our selves deeper into Schisme whilest we seek to avoid it 3. For the clearer and fuller discussion and demonstration whereof I shall observe this method in the Ensuing discourse First to state the question and shew what is Schisme in the abstract who are Schismatiques in the Concrete and what we understand by the Church of England in this question Secondly I will lay down six grounds or propositions every one of which singly is sufficient to wipe away the stain and guilt of Schisme from the Church of England how much more when they are all joyned together My six grounds or Propositions are these First that Protestants were not the authors of the late great separation from Rome but Roman Catholicks themselves such as in all other points were chief Advocates and Pillars of the Roman Church and so many that the names of all the known dissenters might be written in a little ring Secondly that in abandoning the Court of Rome they did not make any new Law but onely declare and restore the old Law of the Land to its former Vigour And vindicate that liberty left them as an inheritance by their Ancestours from the incroachments and usurpations of the Court of Rome Thirdly that the ancient Brittish and Scottish or Irish Churches were evermore exempted from the Patriarchal Jurisdiction of the Roman Bishops untill Rome thirsting after an universal unlawful Monarchy quitted their lawful Ecclesiastical power And so ought to continue free and exempted from all forrein Jurisdiction of any pretended Patriarch for evermore according to the famous Canon of the General Councel of Ephesus which Gâ—egory the Great reverenced as one of the four Gospels Fourthly that though the Authors of that Separation had not themselves been Roman Catholicks and though the Acts or Statutes made for that end had not been meerly declarative but also operative And although Brittain had not been from the beginning both de jure and de facto exempted from Roman Jurisdiction yet the King and Church of England had both sufficient authority and sufficient grounds to withdraw their obedience as they did Fifthly that all the Soveraign Princes and Republicks in Europe of the Roman Communion whensoever they have occasion to reduce the Pope to reason do either practise or plead for the same right or both Sixthly that the Papacy it self qua tâ—lis as it is now maintained by many with universality of Jurisdiction or rather sole Jurisdiction Iure divino with superiority above General Councels with infallibility of Judgment and temporal power over Princes is become by its rigid censures and new Creeds and Exorbitant decrees in a great part actually and altogether causally guilty both of this and all the greater Schismes in Christendome 3. Lastly I will give a satisfactory answer to those objections which those of the Roman Communion do bring against us to prove us Schismaticks CHAP. 2. The stating of the question what is Schisme who are Schismaticks and what is signified by the Church of England in this question EVery suddain passionate heat or misunderstanding or shaking of Charity amongst Christians though it were even between the principal Pastors of the Church is not presently Schisme As that between Saint Paul and Barnabas in the Acts of the Apostles who dare say that either of them were Schismaticks or that between Saint Hierome and Ruffinus who charged one another mutually with Heresie Or that between Saint Chrysostome and Epiphanius who refused to Joyn in prayers Saint Chrysostome wishing that Epiphanius might never return home alive And Epiphanius wishing that Saint Chrysostome might not dye a Bishop both which things by the just disposition of Almighty God fell out according to the passionate and uncharitable desires of these holy persons who had Christian Charity still radicated in their hearts though the violent torrent of sudden passion did for the time bear down all other respects before it These were but personal heats which reflected not upon the publick body of the Church to which they were all Ever ready to submit and in which none of them did ever attempt to make a party by gathering disciples to himself such a passionate heat is aptly stiled by the Holy Ghost 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a paroxisme or a sharp fit of a feverish distemper which a little time without any other application will infallibly remedy Secondly every premeditated clashing of Bishops or Churches about points of doctrine or discipline long and resolutely maintained is not presently criminous Schisme so long as they forbear to censure and condemn one another and to expel one another from their Communion and are ready to submit to the determinations of a general Councel Such were the contentions of the Roman and African Bishops about rebaptization and appeals It were hard to say that those two blessed Saints Cyprian and Austine and all those pious Prelates who joyned with them lived and dyed Schismaticks With this general truth agrees that of Doctor Holden fully that when there is a mutual division of two parts or members of the mystical body of the Church one from the other yet both retein Communion with the Vniversal Church which for the most part springs from some doubtful opinion or lesse necessary part of divine worship quamcunque partem amplexus fueris Schismaticus non audies quippe quod universa ecclesia neutram damnarit whatsoever part one take he is no Schismatick because the universal Church hath condemned neither part Whether he hold himself to this principle or desert it it is not my purpose here to discusse But this is much sounder doctrine then that of Mr. Knott that the parts of the Church cannot be divided one from another except they be divided from the whole because these things which are united to one third are united also between themselves Which errour he would seem to have sucked from Doctor Potter whom he either would not or at least did not understand That whosoever professeth himself to forsake the Communion of any one member of the body of Christ must confesse himself consequently to forsake the whole Of which he makes this use That Protestants forsake the Communion of the Church of Rome And yet do confesse it to be a member of the body of Christ therefore they forsake the Communion of the whole Church The answer is easie that whosoever doth separate himself from any part of the Catholique Church as it is a part of the Catholick Church doth separate himself from every part of the Catholick Church and consequently from the Universal Church which hath no existence but in its parts But if one part of the Universal Church do separate it self from another part not absolutely or in Essentials but respectively in abuses and innovations not as it is a part of the Universal Church but only so far as it is
Schisme is an exteriour breach or a solution of continuity in the body Ecclesiastick Consider then by what nerves and Ligaments the body of the Church is united and knit together and by so many manner of ruptures it may be schismatically rent or divided asunder The Communion of the Christian Catholick Church is partly internal partly external The internal Communion consists principally in these things To believe the same intire substance of saving necessary truth revealed by the Apostles and to be ready implicitly in the preparation of the mind to embrace all other supernatural verities when they shall be sufficiently proposed to them To judge charitably one of another To exclude none from the Catholick Communion and hope of salvation either Eastern or Western or Southern or Northern Christians which professe the ancient faith of the Apostles and primitive Fathers established in the first general Councels and comprehended in the Apostolick Nicene and Athanasian Creed To rejoyce at their well-doing To sorrow for their sins To condole with them in their sufferings To pray for their constant perseverance in the true Christian Faith for their reduction from all their respective errours and their re-union to the Church in case they be divided from it that we may be all one sheepfold under that one great Shepherd and Bishop of our Soules And lastly to hold an actual external Communion with them in Votis in our desires and to endeavour it by all those means which are in our power This internal Communion is of absolute necessity among all Catholicks External Communion consists first in the same Creeds or Symbols or Confessions of Faith which are the ancient badges or cognisances of Christianity Secondly in the participation of the same Sacraments Thirdly in the same external worship and frequent use of the same divine offices or Leiturgies or Forms of serving God Fourthly in the use of the same publick Rites and Ceremonies Fifthly in giving communicatory Letters from one Church or one person to another And lastly in admission of the same discipline and subjection to the same supream Ecclesiastical authority that is Episcopacy or a general Councel for as single Bishops are the heads of particular Churches so Episcopacy that is a general Councel or Oecumenical Assembly of Bishops is the head of the universal Church Internal communion is due alwaies from all Christians to all Christians even to those with whom we cannot communicate externally in many things whether credenda or agenda opinions or practises But external actual communion may sometimes be suspended more or lesse by the just censures of the Church clave non errante As in the primitive times some were excluded a coetu participantium Only from the use of the Sacraments others moreover a coetu procumbentium both from Sacraments and Prayers others also a coetu audientium from Sacraments Prayers and Sermons and lastly some a coetu fidelium from the society of Christians And as external communion may be suspended so likewise it may sometimes be waved or withdrawn by particular Churches or persons from their neighbour Churches or Christians in their innovations and errours Especially when they go about to obtrude new fancies upon others for fundamental truths and old Articles of faith Christian charity is not blind so as not to distinguish the integral and essential parts of the body from superfluous wens and excrescences The Canons do not oblige Christians to the arbitrary dictates of a Patriarch or to suck in all his errours like those servile flatterers of Dionysius the Sicilian Tyrant who licked up his very spettle and protested it was more sweet then Nectar Neither is there the like degree of obligation to an exact Communion in all Externals There is not so great conformity to be expected in Ceremonies as in the Essentials of Sacraments the Queens daughter was arrayed in a garment wrought about with divers colours nor in all Sacraments improperly and largely so called by some persons at some times as in Baptisme and the holy Eucharist which by the consent of all parties are more general more necessary more principal Sacraments Neither is so exact an harmony and agreement necessary in all the explications of articles of faith as in the Articles themselves nor in superstructions as in fundamentals nor in Scholastical opinions as in catechetical grounds Nor so strict and perpetual an adherence required to a particular Church as to the Universal Church nor to an Ecclesiastical constitution as to a divine Ordinance or Apostolical tradition Humane priviledges may be lost by disuse or by abuse And that which was advisedly established by humane authority may by the same authority upon sufficient grounds and mature deliberation be more advisedly abrogated As the limits and distinctions of Provinces and Patriarchates were at first introduced to comply with the civil government according to the distribution of the Provinces of the Roman Empire for the preservation of peace and unity and for the ease and benefit of Christians so they have been often and may now be changed by Soveraign and Synodical authority according to the change of the Empire for the peace and benefit of Christendom Neither the rules of prudence nor the Lawes of Piety do oblige particular Churches or Christians to communicate in all opinions and practises with those particular Churches or Christians with whom they hold Catholick communion The Roman and African Churches held good communion one with another whilest they differed both in judgment and practise about rebaptization Cannot one hold communion with the Fathers that were Chiliasts except he turn Millenary The British Churches were never judged Schismatical because they differed from the rest of the West about the observation of Easter We see that all the famous and principal Churches of the Christian World Graecian Roman Protestant Armenian Abissene have their peculiar differences one with another and each of them among themselves And though I am far from believing that when Lâ—gâ—machies are taken away their real dissensions are half so numerous or their errous half so â—oul as they are painted out by their adversaries aemulation was never equal Judge And though I hope Christ will say Come ye blessed to many whom fiery Zelots are ready to turn away with Go ye cursed yet to hold communion with them all in all things is neither lawful nor possible Yea if any particular Patriarch Prelate Church or Churches how eminent soever shall endeavour to obtrude their own singularities upon others for Catholique verities or shall injoyn sinful duties to their Subjects or shall violate the undoubted priviledges of their inferiours contrary to the Canons of the Fathers It is very lawful for their own Subjects to disobey them and for strangers to separate from them And if either the one or the other have been drawn to partake of their errours upon pretence of obedience or of Catholique communion they may without the guilt of Schisme nay they ought to reform
themselves so as it be done by lawfull authority upon good grounds with due moderation without excesse or the violation of Charity And so as the separation from them be not total but onely in their errours and innovations nor perpetual but onely during their distempers As a man might leave his fathers or his brothers house being infected with the Plague with a purpose to return thither again so soon as it was cleansed This is no more then what Gerson hath taught us in sundry places It is lawful by the Law of nature to resist the injury and violence of a Pope And if any one should convert his Papal dignity to be an instrument of wickednesse to the destruction of any part of the Church in temporalities or spiritualities And if there appeares no other remedy but by withdrawing ones self from the obedience of such a raging power untill the Church or a Councel shall provide otherwise it is lawful He addes further That it is lawful to sleight his sentences yea to tear them in pieces and throw them at his head Bellarmine in effect saith as much As it is lawful to resist the Pope is he should invade our bodies So it is lawful to resist him invading of soules or troubling the Common-Wealth And much more if he should endeavour to destroy the Church I say it is lawful to resist him by not doing that which he commands and by hindering him from putting his will in execution We ask no more The Pope invaded our soules by exacting new Oaths and obtruding new Articles of faith He troubled the Common-Wealth with his extorsions and usurpations He destroyed the Church by his provisions reservations exemptions c. we did not judge him or punish him or depose him or exercise any jurisdiction over him but onely defended our selves by guarding his blowes and repelling his injuries I may not here forget Saint Ignatius the Patriarch of Constantinople whom Pope Iohn the eighth excommunicated for detaining the Jurisdiction of Bulgaria from the See of Rome But he disobeyed the Popes censures as did also his Successours and yet was reputed a Saint after his death whom Baronius excuseth in this manner Neque est ut qui ob litem hanc c. Let no man think that for his controversie Ignatius was either disaffected to the Roman See or ingrateful seeing he did but defend the rights of his own Church to which he was bound by oath under pain of eternal damnation If it be not only lawful but necessary in the Judgment of Baronius yea necessary under the pain of damnation for every Bishop to defend the rights of his particular See against the incroachments and usurpations of the Roman Bishop and to contemn his censures in that case as invalid How much more is it lawful yea necessary for all the Bishops in the world to maintain the right of their whole order and of Episcopacy it self against the oppressions of the Court of Rome which would swallow up or rather hath swallowed up all original Jurisdiction and the whole power of the Keyes From this Doctrine Doctour Holden doth not dissent Non tamen is ergo sum c. Yet I am not he who dare affirm that diseases and bad manners and humours may not sometimes be mingled in any Society or body whatsoever yea I confesse that such kinds of faults are sometimes to be plucked up by the roots and the over-luxurious branches to be pruned away with the hook It is true he would not have this reformation in Essential Articles we offered not to toâ—ch them nor without the consent of lawful Superiours we had the free and deliberate consent of all our Superiours both Civil and Ecclesiastical A little after he addes I confesse also that particular and as it were private abuses which have onely infected some certain personâ— or Church whether Episcopal or Archiepiscopal or National may be taken away by the care and diligence of that particular Congregation we attempted no more We see then what meer Schisme is a culpable rupture or breach of the Catholick communion A loosing of the band of peace a violation of Christian charity a dissolving of the unity and continuity of the Church And how this crime may be committed inwardly by temerarious and uncharitable judgment when a man thinks thus with himself Stand from me for I am holier thou thou By lack of a true Christian Sympathy or fellow-feeling of the wants and sufferings of our Christian brethren By not wishâ—ng and desiring the peace of Christendome and the reunion of the Catholique Church By not contributing our prayers and endeavouâ—s for the speedy knitting together and consolidating of that broken bone And outwardly by rejecting the true badges and cognisances of Christians that is the ancient Creeds By separating a mans self without sufficient ground from other Christians in the participation of the same Sacraments or in the use of the same divine Offices and Leiturgies of the Church and publick worship and service of Almighty God or of the same common rites and ceremonies By refusing to give communicatory Letters to Catholique Orthodox Christians By not admitting the same discipline and by denying or withdrawing our obedience unlawfully from lawful Superiours whether it be the Church universal or particular essential or representative or any single Superiour either of divine or humane institution By separating of themselves from the communion of the Catholick Church as the Novatians or by restraining the Catholique Church unto themselves as the Donatists of old and the Romanists at this day What the Catholique Church signifies was sufficiently debated between the Catholique Bishops and the Schismatical Donatiâ—ts at the Colloquie of Carthage Neither the Church of Rome in Europe nor the Church of Cartenna in Afrique with the several Churches of their respective communions but the whole Church of Christ spread abroad throughout the whole world Afrorum Christianorum catholicorum haec vox est c. This is the voyce of the African catholick Christians we are joyned in communion with the whole Christian world This is the Church which we have chosen to be maintained c. Now the Catholique Church being totum homogeneum every particular Church and every particular person of this Catholique communion doth participate of the same name inclusively so as to be justly called Catholique Churches and Catholick Christians But not exclusively to the prejudice or shutting out of other Churches or other persons As the King of Spain stiles himself and is stiled by others the Catholick King not as if he were an universal Monarch or that there were no other Soveraign Princes in the world but himself So the Church of Rome is called a Catholick Church and the Bishop of Rome a Catholique Bishop And yet other Churches and other Bishops may be as Catholick and more Catholick then they I like the name of Catholick well but the addition of Roman is in truth a
the reformation and the Church of England after the reformation are as much the same Church as a garden before it is weeded and after it is weeded is the same garden or a vine before it be pruned and after it is pruned and freed from the Luxuriant branches is one and the same vine yet because the Roman Catholiques do not object Schisme to the Popish Church of England but to the reformed Church Therefore in this question by the Church of England we understand that Church which was derived by lineal succession from the Brittish English and Scottish Bishops by mixt ordination as it was legally established in the daies of King Edward the sixth and flourished in the raigns of Queen Elizabeth King Iames and King Charles of blessed memory and now groanes under the heavy yoke of persecution whether this Church be Schismatical by reason of its secession and separation from the Church of Rome and the supposed withdrawing of its obedience from the Patriarchal Jurisdiction of the Roman Bishop As for other aspersions of Schisme of lesser moment we shall meâ—â— with them in our answers to their Objections CHAP. III. That the separation from Rome was not made by Protestants but by Roman Catholicks themselves THis being the state of the Question I proceed to examine the first ground or proposition That the English Protestants were not the first authors of the separation but principall Roman Catholiques great Advocates in their dayes and Pillars of the Roman Church Whether the Act or Statute of Separation were operative or declarative creating new right or manifesting or restoring old right whether the power of the Roman Court in England was just or usurped absolute and immutable or conditional and changeable whether the possession thereof was certain and settled or controverted and unquiet though no man throughly versed in our Lawes and Histories can reasonably doubt of these things This is undeniably true that the secession and substraction of obedience was not made by our reformers or by any of their friends or favourers but by their capital Enemies and persecutors by Zelots of the Roman Religion And this was not done secretly in a corner but openly in the sight of the Sun disputed publickly and determined before-hand in both our Universities which after long deliberation and much disputation done with all diligence zeal and conscience made this final resolution and profession Tandem in hanc sententiam unanimiter convenimus ac concordes fuimus videlicet Romanum Episcopum majorem aliquam Iurisdictionem non habere sibi à deo collatam in sacra Scriptura in hoc Regno Angliae quam alium quemvis externum Episcopum That the Roman Bishop had no greater Iurisdiction within the Kingdome of England confeâ—red upon him by God in holy Scripture then any other forrein Bishop After this the same was voted and decreed in our National Synods and lastly after all this received and established in full Parliament by the free consent of all the Orders of the Kingdom with the concurrence and approbation of four and twenty Bishops and nine and twenty Abbats then and there present To passe by many other Statutes take the very words of one of the main Acts it self That England is an Empire and that the King as Head of the body politick consisting of the spirituality and temporalty hath plenary power to render final Iustice for all matters c. First England is that is originally not shall be by vertue of this Act what is it an Empire If it be an Empire then the Soveraignes thereof have the same priviledges and prerogatives within their own Dominions which the old Emperours had in theirs If the King be head of the body politick consisting of the spiâ—ituality and temporalty then in England the King is the political head of the Clergy as well as of the Laity So he ought to be and not he onely but all the Soveraign Princes throughout the World by the very Law of Nature What becomes now of that grand exception against Protestants for making their King the Head or Soveraign Governour for these two are convertible terms of the English Church or Clergy A title first introduced by Roman Catholicks and since waved and laid aside by Protestants not so much for any malignity that was in it as for the ill sounds sake because it seemed to intrench too much upon the just right of our Saviour and being subject to be misunderstood gave offence to many well affected Christians And what doth this Law say more then a great Cardinal said not long after One that was as near the Papacy as any that ever mist it and was thought to merit the Papacy as well as any that had it in his daies I mean Cardinal Pool in his Book de concilio Hoc munus Imperatoribus Christi fidem professis Deus ipse Pater assignavit at Christi filii dei vicaâ—ias partes gerant God the Father hath assigned this office to Christian Emperours that they should act the part of Christ the Son of God in General Councels And yet more fully in his answer to the next question Pontifex Romanus ut caput sacerdotale Vicarias Christi veri capitis partes gerit at Caesar ut caput regale c. 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 And so he concludeth Christ said of himself All power is given me both in heaven and earth In utraque ergo potestate c. Therefore we cannot doubt but Christ hath his Deputies for both these powers The Pope in the Church the Emperour in the Common-Wealth Thus writes the Popes own Legate to his Brother Legates in the Tridentine Councel when he desired to favour his Master as much as he could But I proceed to our Statute The King of England hath that is already in present by the fundamental constitution of the Monarchy not shall have from henceforth plenary power without the License or help or concurrence of any forrain Prelate or Potentate pleâ—ary not solitary To render final Iustice that is to receive the last appeales of his own Subjects without fear of any review from Rome or at Rome for all matters Ecclesiastical and temporal Ecclesiastical by his Bishops Temporal by his Judges There is great difference between a Kings administring Justice in Ecclesiastical causes by himself and by his Bishops Listen to the Canon of the Milevitan Councel It hath pleased the Synod that what Bishop soever shall request of the Emperour the cognisance of publick judgment in some cases he be deprived of his honour But if he petition to the Emperour foâ— Episcopal judgment that is to make Bishops his Deputies or Commissioners to hear it it should â—not prejudice him They forbid a Bishop of his own accord in these daies and in some cases to make his first
as in justice he is bound he is not to be reputed a Schismatick If men might not be saved by a general and implicite repentance they were in a woful condition for who can tell how oft he offendeth Cleanse thou me from my secret faults And if by general and implicite repentance why not by general and implicite faith why not by general and implicite obedience So as they do their uttermost indeavours to learn their duties and are ready to conform themselves when they know them God looks upon his creatures with all their prejudices and expects no more of them then according to the talents which he hath given them If I had books for that purpose I might have cited many Lawes and many Authors to prove that the final separation from Rome was made long before the reformation of the Church of England But it is a truth so evident and so undeniable by all these who understand our affaires that I seem to my self to have done overmuch in it already I do expect that it should be urged by some that there was a double separation of the Church of England from Rome The former from the court of Rome The second from the Church of Rome The former in point of discipline The latter in point of Doctrine The former made in the daies of Henry the Eighth The other in the daies of Edward the sixth That if the Protestants were not guilty of the former yet certainly they were guilty of the later To this I give two answers first that the second separation in point of Doctrine doth not concern this question Whether the Church of England be Schismatical but another whether the Church of England be Haereticall or at least Heterodox for every error doth not presently make an haeresy which cannot be determined without discussing the particular differences between the Church of Rome and the Church of England It is an undeniable principle to which both parties do yeeld firm assent that they who made the first separation from the primitive pure Church and brought in corruptions in faith Leiturgy or use of the Sacraments are the guilty party Yea though the separation were not local but onely moral by introducing errours and innovations and making no other secession This is the issue of our controversie If they have innovated first then we are innocent and have done no more then our duties It is not the separation but the cause that makes a Schismatique Secondly I answer that as Roman Catholicks not Protestants were the authors of the Separation of England from the Court of Rome so the Court of Rome it self not Protestants made the Separation of England from the communion of the Church of Rome by their unjust and tyrannical censures excommunications and interdictions which they thundred out against the Realm for denying their spiritual Soveraignty by divine right before any reformation made by Protestants It was not Protestants that left the communion of the Church of Rome but the Court of Rome that thrust all the English Nation both Protestants and Roman Catholicks together out of their doores and chased them away from them when Pope Paul the third excommunicated and interdicted England in the daies of Henry the eighth before ever any reformation was attempted by the Protestants In that condition the Protestants found the Church and Kingdom of England in the daies of Edward the sixth So there was no need of any new separation from the communion of the Church of Rome The Court of Rome had done â—hat to their hands So to conclude my first Proposition Whatsoever some not knowing or not weighing the state of our affaires And the Acts and Records of those times have rashly or ignorantly pronounced to the contrary it is evident that the Protestants had no hand either in the separation of the English Church from the Court of Rome or in their separation from the Church of Rome The former being made by professed Roman Catholicks the later by the Court of Rome it self both before the reformation following in the dayes of Edward the sixth both at a time when the poor Protestants suffered death daily for their conscience upon the six bloody Articles CHAP. IV. That the King and Kingdom of England in the separation from Rome diâ— make no new Law but vindicate their ancient Liberties THe second Conclusion upon examination will prove as evident as the former that Henry the eighth and those Roman Catholicks with him who made the great separation from the Court of Rome did no new thing but what their predecessors in all ages had done before them treading in the steps of their Christian Ancestors And first it cannot be denyed but that any person or Society that hath an eminent reputation of learning or prudence or piety or authority or power hath ever had and ever will have a great influence upon his or their neighbours without any legal Jurisdiction over them or subjection due from them Secondly it is confessed that in the primitive times great was the dignity and authority of the Apostolical Churches as Rome Antiâ—ch Ephesus Hierusalem Alexandria which were founded by the Apostles themselves And that those ancient Christians in all their differences did look upon the Bishops of those Sees as honourable Arbitrators and faithful Depositaries of the genuine Apostolical traditions especially wherein they accorded one with another Hence is that of Tertullian Constat omnem doctrinam quae cum illis Ecclesiis Apostolicis matricibus et originalibus conspi at c. Whatsoever doctrine agrees with those Apostolical original mother Churches is to be reputed true And in this sense and no other Saint Cyprian a great admirer and imitater both of the matter and words of Tertullian whom he honoured with the title of his Master doth call the Church of Rome a Matrix and a root But if the tradition varied as about the observation of Easter between Victor Bishop of Rome and Polycrates Bishop of Ephesâ—s the one prescribing from St. Peter and S. Paul the other from S. Iohn The respective Churches did conform themselves to their Superiours or if they were free as the Britannique Churches were to their own judgment or to the example of their neighbour Churches or kept them to the tradition delivered unto them by their first converters As in this very controversie about Easter and some baptismal rites the Brittish and Scottish Bishops alwaies adhered to the Eastern Church A strong presumption that thence they received the faith and were not subordinate to the Patriarchal See of Rome But yet all this honourable respect proceeded from a free prudential compliance without any perpetual or necessary subjection Afterwards some Churches lost some gained the place and dignity of Apostolical Churches either by custome so Ephesus lost it or by the Canons of the Fathers so Constantinople did get it or lastly by Imperial priviledges so Iustiniana and Carthage obtained it Thirdly it
resolutely oppose so many Sentences and Messages from Rome and condemn him twice whom the Pope had absolved Consider that Wilfride was an Arch-Bishop not an inferiour Clerk And if an appeal from England to Rome had been proper or lawful in any case it had been so in his case But it was otherwise determined by those who were most concerned Malmesbury supposeth either by inspiration or upon his own head that the King and the â— Arch-Bishop Theodore were smitten with remorse before their deaths for the injury done to Wilfride and the slighting of the Popes Sentence Letter and Legates But the contrary is moâ—â— apparently true for first it was not King Alfrede alone but the great Councel of the Kingdom also nor Theodore alone but the main body of the Clergy that opposed the Popes Letter and the restitution of Wilfride in that manner as it was decreed at Rome Secondly after Alfrede and Theodoret were both dead we find the Popes sentence and Wilfrides restitution still opposed by the surviving Bishops in the Raign of Alfredes son To clear the matter past contradiction let us consider the ground of this long and bitter contention Wilfride the Archbishop was become a great pluralist and had ingrossed into his hands too many Ecclesiastical dignities The King and the Church of England thought fit to deprive him of some of them and to confer them upon others Wilfride appealed from their sentence unto Rome The Pope gave sentence after sentence in favour of Wilfride But for all his sentences he was not he could not be restored untill he had quitted two of his Monasteries which were in question Hongesthill deane and Ripon which of all others he loved most dearly and where he was afterwards interred This was not a conquest but a plain waving of his sentences from Rome and a yeelding of the question for those had been the chief causes of the controversie So the King and the Church after Alfredes death still made good his conclusion That it was against reason that a person twice condemned by the whole Councel of the English should be restored upon the Popes Bull. And as he did not so neither did they give any assent to the Popes Legation So unfortunate were appeales to Rome in those daies And as unfrequent as unfortunate for from that time untill Anselmes daies after the Norman Conquest in the Raign of Henry the first we do hardly meet with another appeal Then Pope Paschalis the second had devised a new Oath for Arch-Bishops when they received their Pall An oath much wondered at in all places as a strange innovation Significasti reges Regni majâ—res admiratione permotos c. You signified unto me that Kings and Nobles were moved with admiration that the Pâ—ll was offered unto you by our Ministers upon condition that you should take an oath which they brought you written from us c. This oath was that which animated Anselme to contest so hotly with the King The main controversie was about this very question of Appeales to Rome The King pleaded the fundamental Lawes and Customes of the Land consuetudo Regni mâ—i est à Patrâ— meo instituta ut nullius praeter licentiam Regis appelletur Papa Qui consuetudines regni tollit potestatem quoque coronam Regis violat c. It is a custome of my Kingdome instituted by my Father that no Pope may be appealed unto without â—the Kings License He that takes away the Customes of the Kingdome doth violence to the power and Crown of the King It is to be noted that the Lawes established by his Father that was William the Conquerour were no other then the Lawes of Edward the Confessor that is to say the old Saxon Lawes So he might justly say both that it was an ancient immemorial custome of the Kingdom and also that it was instituted or established by his Father So Hoveden tells us that at last he yeelded to the request of his Barons c. that was by his authority to confirm the Lawes of King Edward But the best was that though Anselme the Archbishop was obliged by oath to the Pope yet the Bishops were not so soon brought into the same bondage And therefore the former Authour tells us that In his exequendis omnes Episcopi Angliae Primati suo suffragium negarunt In the execution of these things all the Bishops of England did deny their suffrage to their Primate So unanimous were they in this point Which unanimity of the whole Realm both Clergy and Laity doth appear yet more evidently by the Statute of Clarendon made in the Raign of the grand-child of this King when all the Prelates and Peeres of the Realm did confirm the former ancient Brittish English custome not onely by their consents but by their oathes whereof we shall have occasion to speak more hereafter And upon this custome was that Law grounded which our Histories do make mention of Si quis inventus fuerit literas vel mandatum ferens Domini Papae c. capiatur et de eo sicut de Regis traditore regni sine dilatione fiat justitia If any one be found bringing in the Popes Letter or Mandate let him be apprehended and let justice passe upon him without delay as a traitor to the King and Kingdom And generally every man is interdicted or forbidden to appâ—al to the Pope And the Legations from Rome were almost as rare as appeals to Rome during the raigns of all the Brittish and Saxon Kings untill the Norman conquest As Gregory Bishop of Ostium the Popes own Legate did confess That he was the first Roman Priest that was sâ—nâ— into those parts of Bâ—iâ—tain from the time of S. Austin And those Legates were no others then ordinary messengers or Embassadors sent from one Neighbour to another Such a thing as a Legantine Court or a Nuncios Court was not known in the Brittish world in those ages and long after It is not enough to shew that one Roman Bishop did once send over one or two Doctors to help to propagate or confirm the faith or to lend their helping hands to Religion fainting This may well set forth their devotion and our obligation But further as to the present question it signifies just nothing Favours cease to be favours when they are done on purpose to deprive men of their ancient liberties The Brittish Bishops and English also have done as much for other Nations over whom they did never challenge any Jurisdiction The French Church sent over Germanus Lupus to help to root up the relicks of Pelagianisme in Brittain yet did never pretend thereby to any authority over the Brittaines Add to this that during all the time from St. Gregory to the conquest it was usual for the Brittish Saxon and Danish Kings with their Clergy or great Councel to make Ecclesiastical lawes and to regulate the external discipline of the Church within their
Dominions Witnesse the lawes of Ercombert Ina Withred Alfrede Edward Athelstan Edmond Edgar Athelred Canutus and Edward the Confessor among whose lawes one makes it the office of a King to govern the Church as the Vicar of God Another implyes a power in the King and his Judges to take cognisance of wrong done in Ecclesiastical Courts It was to this Holy King Edward the Confessor that Pope Nicholas the second by his bull for him and his Successours granted this ensuing priviledge to the Kings of England for ever Namely the Advocation and protection of all the Churches of England and power in his stead to make just Ecclesiastical constitutions with the advise of their Bishops and Abbats This grant is as full or fuller then that which Vrban the second made to Roger Earl of Sicily from whence the Kings of Spain at this day do not onely Challenge but enjoy in a manner all Ecclesiastical power in Sicily If the Pope had ever had any such right as he pretends this onely Bull were sufficient to justifie our Kings But they injoyed this very power from the beginning as an essential flower of their Crownes without any thanks to the Pope To make just Ecclesiasticall constitutions in the Popes stead saith the Bull. To govern the Church as the Vicar of God saith the law of the Land The Bishops of Rome have ever been very kind in granting those things which were none of their own and in making deputations and delegations to them who stood in no need of their help being lawfully invested before hand by another title in that power and dignity which the Popes pretended out of their goodnesse to confer upon them but in truth did it onely for the reputation of their See and for maintaining the opinion of their own Grandeur Whether the deputation were accepted or not they did not much trouble themselves So they dealt with 〈◊〉 president in the Councell of Nice So they dealt with the Patriarch of Iustiniana Prima so they served Good King Edward and many others This Legislative power in Ecclesiastical causes over Ecclesiasticall persons the Norman Kings after the conquest did also exercise from time to time with the advice and consent of their Lords spiritual and temporal Hence all those Statutes concerning Benefices Tythes Advowsons Lands given in Mortmain prohibitions consultations praemunires quare Impedits priviledge of Clergy extortions of Ecclesiasticall courts or officers and regulating their due fees wages of Priests Mortuaries Sanctuaries Appropriations and in summe all things which did belong to the externall subsistence regiment and regulating of the Church and this in the raigns of our best Kings long and long before the reformation Othobone the Popes Legate under Vrban the fifth would have indowed Vicars upon appropriated Rectories but could not But our Kings by two Statutes or Acts of Parliament did easily effect it With us the Pope could not make a Spiritual corporation but the King The Pope could not exempt from the Jurisdiction of the ordinary but the King who by his charter could convert Seculars into Regulars The Pope could not grant the Priviledge of the Cistercians and other orders to be free from the payment of Tyths but the King The Pope could not appropriate Churches but the King we find eight Churches appropriated to the Abby of Crowland by the Saxon Kings three Churches appropriated to the Abby of Battell by the Conquerour and twenty by Henry the first to â—â—e Church of Sarisbury The King in his great Councel could make void the certificates of Ordinaries in cases of Ecclesiasticall cognisance and command them to absolve those persons who were judged by his authority to be unjustly excommunicated The Pope could not translate an Arch Bishoprick or a Bishoprick but the King The disposition of Ecclesiastical preferments upon lapse accrued not to the Pope but to the King a plain evidence that he was the Lord Paramount And the King onely could incurre no lapse Nullum tempus occurrit Regi because the law supposed that he was busied about the weightie affaires of the Kingdom The revenewes of a Bishoprick in the vacancy belonged not unto the Pope but to the King which he caused to be restored sometimes from the time of the first vacancy sometimes from the time of the filling of the Church with a new Incumbent according to his good pleasure The Canons of the Pope could not change the Ecclesiastical Lawes of England but the King whose lawes they were He had power in his great Councel to receive the canons if they were judged convenient or to reject them and abrogate them if they were judged inconvenient When some Bishops proposed in Parliament the reception of the Ecclesiastical Canon for the Legitimation of Children born before marriage without such a reception the Canon was of no force in England All the Peers of the Realm stood up and cryed out with one voice Nolumus leges Angliae mutari We will not have the lawes of England to be changed The King and Parliament made a Legislative exposition of the Canon of the Councel of Lyons concerning Bigamy which they would not have done unlesse they had conceived themselves to have power according to the fundamental constitutions of the kingdom either to receive it or reject it Ejus est legem interpretari cujus est condere He that hath authority to expound a law Legislatively hath power to make it The King and Parliament declared Pope Vrban to be the right Pope in a time of Schisme that is in relation to England their own Kingdom not by determining the titles of the Popes but by applying the matter to the one and substracting it from the other All these are so many evidences that when Popery was at the highest the Bishops of Rome had no such absolute Ecclesiasticall Soveraignty in the Church and Realm of England And that what power they exercised at any time more then this was by connivence or permission or violent usurpation And that our Primates had no forraign Superiour Legally established over them but onely the King as he was the Supream head of the whole body politick To see that every one did his duty and injoyed his due right Who would not suffer one of his Barons to be excommunicated from Rome without his privity and consent No Legate de latere was allowed by the law in England but the Archbishop of Canturbury And if any was admitted of courtesy he was to take his oath to do nothing derogatory to the King and his Crown If any man did denounce the Popes excommunication without the assent of the King by the law he forfeited all his goods Neither might any man appeale to Rome without the Kings License In the year 1420 the Pope translated the Bishop of Lincolne to York But the Dean and Chapter absolutely refused to admit him and justified their refusal by the Laws of the Land And
that â—aught them this lesson certainly their prudence to prevent dangers was very commendable A third custome was that the revenues of all Ecclesiastical dignities belonging to the Kings demeisne during the vacancy were to be received by the King as freely as the rents of his own demeisnes Tell me who was then the Patron and Political Head of the Church A fourth Custome was that when an Arch-Bishoprick Bishoprick Abbacy or Priory did fall void the election was to be made by such of the principal dignitaries or members of that respective Church which was to be filled as the King should call together for that purpose with the Kings consent in the Kings own Chappell And there the person elected was to do his homage and fealty to the King as to his Liege Lord. That later form of Dei Apostolicae sedis gratia had taken no root in England in those daies The rest are of the same nature as that Controversies concerning Advowsons ought to be determined in the Kings Court Benefices belonging to the Kings patronage could not be appropriated without his grant When a Clergy man was accused of any Delinquency the Kings Court ought to determine what part of his accusation was of Civil and what part of Ecclesiastical cognisance And the Kings Justice might send to the Ecclesiastical Court to see it ordered accordingly None of the Kings Servants or Tenants that held of him in capite might be excommunicated nor their Lands interdicted before the King was made acquainted When it was questioned whether a Tenement were of Ecclesiastick or Lay fee the Kings Justice was to determine it by the oathes of twelve men All Ecclesiasticall persons who held any possessions from the King in capite were to do suit and service for the same as other Barons did and to joyn with the Kings Barons in the Kings Judgments untill it came to sentence of death or diminution of member To this memorial all the Nobility and Clergy of the English Nation did swear firmly in the word of truth to keep all the customes therein contained and observe them faithfully to the King and his heires for ever Among the rest Thomas Becket the Archbishop of Canterbury himself was carried along with the crowd to take this Oath Though shortly after he fell from it and admitted the Popes absolution By the Statute of Carlile made in the daies of Edward the first it was declared That the holy Church of England was founded in the estate of Prelacy within the Realm of England by the Kings and Peeres thereof And that the several incroachments of the Bishop of Rome specified in that Act did tend to the annullation of the state of the Church the disinheriting of the King and the Peeres and the destruction of the Lawes and rights of the Realm contra formam collationis contrary to the disposition and will of the first founders Observe in the estate of Prelacy not of Papacy within the Realm not without it By the Kings not by the Popes of whose exorbitant and destructive usurpations as our Ancestors were most sensible so they wanted neither will nor power to remedy them To corroborate this Law by former presidents and thereby to shew that our Kings were ever accounted the right Patrons of the English Church King Edelwalk made Wilfride Bishop of the South Saxons now Chichester King Alfrede made Assertie Bishop of Sherburn And Oenewulphus Bishop of Winchester Edward the Confessor made Robert Archbishop whom before from a Monk he had made Bishop of London Thus the Saxon Kings in all ages bestowed Bishopricks without any contradiction The Norman Kings followed their example No sooner was Stigand dead but William the Conquerour elected Lanfrank Abbat of Saint Stephens in Caen to be Archbishop William Rufus upon his death-bed elected Anselme to be Archbishop of Canterbury And untill the daies of Henry the first the Popes never pretended any right nor laid any claim to the Patronage of the English Churches The Articles of the Clergy do prescribe that elections be free so as the Kings conge d'eslire or License to elect be first obtained and afterwards the election be made good â—y the Royal assent and confirmation And the Statute of provisors Our Soveraign Lord the King and his heires shall have and enjoy for the time the collations to the Archbishopricks and other dignities elective which be of his Advowry such as his progenitors had before free election was granted Sith the first elections were granted by the Kings progenitors upon a certain form and condition as namely to demand License of the King to choose and after choise made to have his Royal assent Which condition not being kept the thing ought by reason to return to its first nature Further by the same Statute of provisors it is declaratively enacted That it is the right of the Crown of England and the Law of the Realm that upon such mischiefs and dammages happening to the Realm by the incroachments and oppressions of the Court of Rome mentioned in the body of that Law The King ought and is bound by his oath with the accord of his people in Paâ—liament to make remedy and Law for the removing of such mischiefs We find at least seven or eight such Statutes made in the Raigns of several Kings against Papal provisions reservations and collations and the mischiefs that flowed from thence Let us listen to another Law The Crown of England hath been so free at all times that it hath been iâ— no earthly subjection but immediately subjected to God in all things touching its regality and to no other and ought not to be submitted to the Pope Observe these expressions free at all times free in all things in no earthly subjection immediately subjected to God not to be submitted to the Pope And all this in Ecclesiastical affaires for of that nature were all the grievances complained of in that Law as appears by the view of the Statute it self Then if the Kings of England and the representative body of the English Church do reform themselves according to the word of God and the purest Patterns of the primitive times they owe no account to any as of duty but to God alone By the same statute it is enacted That they who shall procure or prosecute any popish Bulls and excommunications in certain cases shall incurre the forfeiture of their estates or be banished or put out of the Kings protection By other statutes it is enacted That whosoever should draw any of the Kings Subjects out of the Realm to Rome in plea about any cause whereof the cognisance belongeth to the Kings Court or should sue in any forrain court to defeat any judgment given in the Kings court That is by appealing to Rome they should incur the same penalties The body of the Kingdom would not suffer Edward the first to be cited before the Pope Henry the sixth by the Councel of Humphry
Duke of Glocester the Protector protested against Pope Martin and his Legate That they would not admit him contrary to the lawes and liberties of the Realm and dissented from whatsoever he did So we see plainly that the King and Church of England ever injoyed as great or greater liberties then the Gallican King and Church And that King Henry the eighth did no more in effect then his progenitors from time to time had done before him Onely they laboured to damme up the stream and he thought it more expedient to stop up the fountain of papal Tyranny not by limiting the habitual Jurisdiction of the Roman Bishop which was not in his power to do but by substracting the matter and restraining the actual exercise of it within his own dominions And it is observable that in the greatest heat of these contentions the Praelates of the Realm being present in Parliament disavowed the Popes incroachments and offered the King to stand with him in these and all other cases touching his Crown and regality as they were bound by their allegiance That is according to the law of Feâ—ds according to their homage done and according to the oath which they had taken at their Investitures into their Bishopricks Indeed of later daies during those bloudy wars between the houses of York and Lancaster the Popes sometimes invaded this undoubted right of our Kings de facto not de jure as was easie for them to do And tendered to the Bishops at their investitures another oath of their own making at first modest and innocent enough that they should observe regulas Sanctorum Patrum the rules of the Holy Fathers But after they altered the oath and falsified their Pontificall as well as their faith changing regulas Sanctorum Patrum into Regalia Sancti Petri that they should maintain the Royalties of St. Peter A shamelesse forgery and admitting them to be the interpreters of their own forms opening a gap to rob Kings of the fairest Jewels of their crownes and Bishops not onely of their Jurisdictions but also of their loyalty and allegiance to their lawful Soveraigns unlesse they take the oath with a protestation as our Arch-Bishop Cranmer did That he would not bind himself to any thing contrary to the Lawes of God or the Realm or the benefit thereof Nor yet limit himself in the reformation or Government of the Church Before which time two opposite and repugnant oathes were administred to the Bishops as Henry the eighth made it appear plainly in Parliament Many things in prudence might be done but for fear of such like alterations and incroachments Our Kings gave Peterpence to Rome as an almes But in processe of time it was exacted as a tribute The Emperours for more solemnity chose to be sworn by the Pope at Rome as the Kings of France at Rhemes and the Kings of England at Westminster And this was misinterpreted as a doing homage to the Pope Rex venit aâ—te fores jurans prius urbis honorâ—â— Post homo fit Papae sumit quo dante coronam The King doth come before the gate first swearing to the Cities state The Popes man then doth he become And of his gift doth take the Crown Poets might be bold by authority But it rested not there Good Authors affirm the challenge in good earnest And Clement the fifth in one of his Canons or Decrees doth conclude it declaramus juramenta praedicta fide litatis existere eâ— cerseâ—i debere We declare that the aforesaid oathes are and ought to be esteemed oathes of allegiance Lay these particulars together Our Kings from time to time called Councels made Ecclesiastical Laws punished Ecclesiastical persons and see that they did their duties in their callings prohibited Ecclesiastical Judges to proceed received appeals from Ecclesiastical Courts rejected the Lawes of the Pope at their pleasure with a nolumus we will not have the Lawes of England to be changed or gave Legislative interpretations of them as they thought good made Ecclesiastical corporations appropriated benefices translated Episcopal Sees forbid appeales to Rome rejected the Popes Bulls protested against his Legates questioned both the Legates themselves and all those who acknowledged them in the Kings Bench I may adde and made them pay at once an hundred and eighteen thousand pounds as a composition for their estates condemned the excommunications and other sentences of the Roman Court would not permit a Peer or Baron of the Realm to be excommunicated without their consents enjoyed the patronage of Bishopricks and the investitures of Bishops inlarged or restrained the priviledge of Clergy prescribed the indowment of Vicars set down the wages of Priests and made acts to remedy the oppressions of the Court of Rome What did King Henry the eighth in effect more then this He forbad all suites to the Court of Rome by proclamation which Sanders calls the beginning of the Schisme divers Statutes did the same He excluded the Popes Legates so did the Law of the Land without the Kings special License He forbad appeals to Rome so did his predecessors many ages before him He took away the Popes dispensations what did he in that but restore the English Bishops to their ancient right and the Lawes of the Country with the Canons of the Fathers to their vigour He challenged and assumed a political Supremacy over Ecclesiastical persons in Ecclesiastical causes So did Edward the Confessour govern the Church as the Vicar of God in his own Kingdome So did his predecessours hold their Crowns as immediately subjected to God not subjected to the Pope On the other side the Pope by our English Lawes could neither reward freely nor punish freely neither whom nor where nor when he thought fit but by the consent or connivence of the State He could neither do justice in England by the Legates without controllment nor call English men to Rome without the Kings License Here is small appearance of a good legal prescription nor any pregnant signs of any Soveraign power and Jurisdiction by undoubted right and so evident uncontroverted a title as is pretended I might conclude this my second proposition with the testimonies of the greatest Lawyers and Judges of our land Artists ought to be credited in their own Art That the lawes made by King Henry on this behalf were not operative but declarative not made to create any new law but onely to vindicate and restore the ancient law of England and its ancient Jurisdiction to the Crown There had needed no restitution if there had not been some usurpation And who can wonder that the Court of Rome so potent so prudent so vigilant and intent to their own advantage should have made some progresse in their long destined project during the raigns of six or seven Kings immediately succeeding one another who were all either of doubtful title or meer usurpers without any title Such as cared not much for the
flowers of the Crown so they might but hold the Diademe it self from their competitors Therefore our Ecclesiasticall law was called the Kings law because the edge and validity of it did proceed from authority royal our Ecclesiasticall Courts were stiled the Kings Courts by his Judges It is true the habitual Jurisdiction of Bishops flowes from their Ordination But the actual exercise thereof in Publick courts after a coercive manner is from the gracious concessions of Soveraign Princes In a word the law being meerly intended as a remedy against usurpation it cannot be a new Law but onely a Legislative declaration of the Old Common Law of England I will conclude this Chapter with the words of Bishop Bilson As for his Patriarchate by Gods law he hath nonâ— in this Realm for Six hundred years after Christ he had nonâ— for the last Six hundred years looking after greater matters he would have none Above or against the Princes Sword he can have none to the Subversion of the Faith or oppression of his Brethreâ— he ought to have none you must seek further for Subjection to his Tribunall This Land â—weth him none CHAP. V. That the Britanick Churches were ever exempted from forraign Iurisdiction for the first six hundred years And so ought to continue THirdly supposing that the reformed Church of England had separated it self from Rome and supposing that the municipal laws of the Realm then in force had not warranted such a separation yet the British Churches that is the Churches of the British Islands England Scotland and Ireland c. by the constitution of the Apostles and by the solemne sentence of the Catholique Church are exempted from all forraign Jurisdiction and cannot be Schismatical in the lawful vindication of a just priviledge so well founded for the clearer manifestation whereof let us consider First that all the twelve Apostles were equall in mission equall in commission equall in power equall in honour equal in all thingâ— except priority of order without which no Society can well Subsist So much Bellarmine confesseth that by these words As my father sent me so send I you Our Saviour endowed them with all the fulnesse of power that mortall men were capable of And therefore no single Apostle had Jurisdiction over the rest par in parem noâ— habet potestatem but the whole Colledge of Apostles to which the supream Mesnagery of Ecclesiasticall affaires did belong in common whether a new Apostle was to be ordained or the office of Deaconship was to be erected or fit persons were to be delegated for the ordering of the Church as Peter and Iohn Iudas and Sylas Or informations of great moment were to be heard as against Peter himself Though Peter out of Modesty might condescend and submit to that to which he was not obliged in duty yet it had not become the other Apostles to sit as Judges upon their Superiour placed over them by Christ. Or whether the weightier questions of the calling of the Gentiles and circumcision the law of Moses were to be determined still we find the Supremacy in the Colledge Secondly that drousy dream that the plenitude of Ecclesiastical power and Jurisdiction was given by Christ to Saint Peter as to an ordinary Pastour to be derived from him to his Successours but to the rest of the Apostles as delegates for tearm of life to die with themselves as it is lately and boldly asserted without reason without authority either divine or humane so it is most repugnant to the doctrine of the Fathers who make all Bishops to be the Vicars and Embassadours of Christ not of the Pope and successours of the Apostles indifferently Vicaria ordinatione who make but one Episcopacy in the world whereof every Bishop hath an equal share St. Peter was a Pastor and the Pastoral office is of perpetual necessity in the Church True But so were all the rest of the Apostles Pastors as well as he And if we examine the matter more narrowly cui bono for whose advantage this distinction was devised it was not for S. Peters own advantage who setting aside his principallity of order is confessed to have had but an equall share of power with his fellow Apostles but fo rs the Popes advantage and the Roman courts whom they desire to invest solely with the key of all originall Jurisdiction And if we trace on this Argument a little further to search out how the Bishop of Rome comes to be Saint Peters heire ex assâ— to the exclusion of his Elder Brother the Bishop of Antioch they produce no authority that I have seen but a blind ill grounded legend out of a counterfeit Hegâ—sippus of Saint Peters being about to leave Rome and Christs meeting him upon the way and admonishing him to return to Rome where he must be crucified for his name which reason halts on both sides The foundation is Apocryphal and the superstruction is weak and unjointed without any necessary connexion Thirdly it appeareth not to us that the Apostles in their daies did either set up any universall Monarchy in the Church or so much dilate the borders or bounds of any one mans single Jurisdiction as to subject so great a part of the Christian World as the Western Patriarchate to his obedience The highest that they went if any of those Canons which bear their names be genuine was to nationall or provincial Primates or Patriarchs for a Protarch or Primate and a Patriarch in the language of the ancient Church signified one and the same thing in whose praeheminence there was more of order and care then of single Jurisdiction and power Read their three and thirtieth Canon It behooves the Bishops of every distinct Nation to know him who is their first or Primate and to esteem him as their head And to do nothing that is of difficulty or great moment contrary to his opinion But neither let him do any thing without the opinion of all them This Nationall Primacy or Protarchatâ— or Patriarchate under which the Britannique Churches flourished for many ages is the very same which we contend for Fourthly it is worthy of our inquiry how in processe of time some Primates did obtain a much more eminent degree of honour and a larger share in the government of the Church then others And of this their adventitious Grandeur we find three principal fountaines First ancient customes Secondly the Canons of the Fathers And thirdly the edicts of Christian Princes First ancient customes Upon this ground the first generall Councel of Nice settled the authority and priveledges of the three Patriarchal Sees of Rome Alexandria and Antioch Let ancient customes prevail And these customes commonly proceeded either from the memory of the Apostles who had founded such Churches from whence as from Apostolical fountaines their neighbours did fetch sound doctrine and reciprocally paid to them due respect So
Hosius proposed in the Occidental Councel of Sardis in favour of the See of Rome Doth it please you that we should honour the memory of St. Peter Or from the more powerfull principallity of the City which is alledged by the Councel of Chalcedon as a reason of the greatnesse both of the Sees of Rome and Constantinople because they were the seats of the Emperours Secondly the Canons of the Fathers either without custome or against custome Thus the Bishop of Hierusalem an Apostolical See was raised above the Bishop of Cesarea an Imperial City notwithstanding the contrary custome Thus Constantinople because it was newly made the seat of the Empire was equalled to an Apostolical See that is Rome and preferred before all the rest by the general Councels of Constantinople and Chalcedon notwithstanding the opposition of the Bishop of Rome by his Legats who grieved the more to see Thracia which he conceived to belong to his own Jurisdiction to be annexed to a rival See Lastly the Edicts of Soveraign Princes who out of favour either to the place of their Birth or of their residence or of their own foundation or forthe Weal-publick and better accomodation of their subjects have enlarged or restrain 〈◊〉 Patriarchates within their own Territories and raised up new Primats or Patriarchs as they thought fit But of this more in my next conclusion Fifthly notwithstanding the preheminence of the five great Patriarchs of Rome Constantinople Alexandria Antioch and Hiâ—rusalem and their great power and authority in the Church especially in general Councels yet there were many other Protarchs or Patriarchs who had no dependance upon them at all out of Councel nor ought them any obedience but onely a precedence and honourable respect Ruffinus a Priest of the Romane Church who lived not long after the councel of Nice And one who understood the ancient proper bounds of the Romane Patriarchate as well as any man doth limit it to the Suburbicary Churches that is a part of Italy and three Islands Sicily Sardinia and Corsica Africk had a Primate of their own at Carthage the rest of Italy at Millaine France at Arles or Lions Germany at Vienna Brittaine was removed far enough out of this account But this appears most clearly in the case between the Patriarch of Antioch and the Cyprian Bishops sentenced in the general Councel of Ephesus The Patriarch of Antioch challenged the ordination of the Cyprian Bishops and consequently a Patriarchal Jurisdiction over them for all other Rights do follow the right of ordination They denied both his right of ordination and jurisdiction The difference was heard The witnesses were examined for matter of fact And a sentence was given not onely in favour of the Cyprian Bishops but of all others which were in the same condition Among which number were our Brittannique Churches as shall evidently appear in this ensuing discourse But first let us listen to the words of the Councel Since common diseases do need greater remedies because they bring greater damage If it be not the ancient custome that the Bishops of Antioch ordain in Cyprus as the Councel is sufficiently satisfied The Cyprian Praelates shall hold their rights untouched and unviolated according to the Canons of the holy Fathers and the ancient custome ordaining their own Bishops And let the same be observed in other Diocesses and in all Provinces That no Bishop occupy another Province which formerly and from the beginning was not under the power of him or his predecessors If any do occupy another Province or subject it by force let him restore it that the Canons of the Fathers be not sleighted nor pride creep into the Church under the praetext of worldly power lest by little and little that liberty be lost which Christ purchased for us with his blood Therefore it hath pleased the Holy Synod that every Province injoy its rights and customs unviolated which it had from the beginning These words from the beginning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are twice repeated It is no marvel if some addicted to the interest of Rome have gone about by Slight of hand but very unsuccessefully to shuffle this Canon out of the Acts of the Councel If the Fathers in that Holy and oecumenical Councel were so tender and sensible of pride creeping into the Church in those daies and of the danger to lose their Christian liberty in the case of the Bishop of Antioch who neither pretended Divine right nor universal Jurisdiction nor superiority above Councels what would they not have said or done in this present case of the Bishop of Rome who challengeth not onely the right of ordaining but the grace of ordination and Soveraign Jurisdiction not over Cyprus only but over the whole Christian world not from custom or Canons or edicts but from the institution of Christ who makes all the validity of the decrees of those oecumenical Councels which his Predecessours received and reverenced as the Gospell to depend upon his own confirmation To apply this home to the question The Generall Councel of Ephesus declared that no Bishop should occupie any Province which before that Councell and from the beginning had not been under the Jurisdiction of him or his Predecessours And that if any Patriarch usurped any Jurisdiction over a free Province he should quit it for so it pleased not the Pope but the Holy Synod that every province should injoy its ancient rights pure and inviolate Now if it shall evidently appear that the Bishops of Rome never exercised any manner of Jurisdiction over the Britannique Churches from the beginning no nor yet before the general Councel of Ephesus nor for six hundred years after Christ that is untill they themselves had disowned their Patriarchal right when Pope Boniface the third who entred into the Roman See about three years after the death of Gregory the great obtained from Phocas an usurping Emperour to be universal Bishop that is to say an usurping Monarch over the Church which fell out so soon after the arrivall of Austin in England that there wanted time to have settled the Roman Patriarchate in Brittain though the Brittons had been as willing to receive it as they were averse from it and if no true general Councel since that time hath ever subjected Brittain unto the Roman Court Then the case is clear that Rome can pretend no right over Brittain without their own consents nor any further nor for any longer time then they are pleased to oblige themselves Then the subsequent and violent usurpations of the Roman Bishops cannot render them Bonae fidei possessores lawfull owners but that they are alwaies bound to quit their incroachments and the Brittannique Churches and those who derive by succession from them are alwaies free to vindicate and reassume their ancient rights and priviledges In this controversy by law the burthen of the proof ought to rest upon them who affirm a right and
challenge a Jurisdiction not upon us who deny it Men are not put to prove negatives Let them produce their Registers and shew for the first six hundred years what Ecclesiastical Courts the Roman Bishops or their Legates have held in Brittain what causes they have removed from thence to Rome upon appeals what sentences given in Brittain they have repealed there what British subjects they have excommunicated or summoned to appear at Rome let them shew what Bishopricks they have conferred in Brittain in those daies what British Bishops did then intitle themselves to their Bishopricks by the Grace of God and of the Apostolique See let them declare to the world how many of our British Primates or Patriarchs of York London or Caerleon have constantly or at all repaired to Rome to be ordained or have received Licenses or dispensations thence for their ordination at home or elsewhere for ordinationis jus caetera jura sequuntur He who is necessarily by law obliged to have recourse to a forraign Prelate for his ordination is thereby implyed to be inferiour or subject to his ordainer If they can say nothing to any of these points they may disclaime their Patriarchall right in Brittain and hold their peace for ever The reasons why I set York before London in the order of our British Patriarchs or Primates are these First because I find their names subscribed in that order in the Councel of Arles held in the year 314. consisting as some say of 200. as others say of 600. Bishops convocated by Constantine the great before the first Councel of Nice to hear and determine the appeal of the Donatists from the sentence of the Imperiall delegates whereof Melchiades the Bishop of Rome was one It were a strange sight in these daies to see a Pope turn Legate to the Emperours in a cause of Ecclesiasticall cognisance Secondly for the same reason that Rome and Constantinople in those daies of the Roman Puissance were dignified above all other Churches because they were then the seats of the Emperours York was then an Imperial City the Metropolis of the chief Britannick Province called at that time maxima Caesariensis where Severus the Emperour died and had his funerall pile upon Severs hill a place adjoyning to that City where Constantine the great was born in domo Regali vocata Pertenna in the Royal Palace whereof some poor remainders are yet to be seen then called Pertenna now a small part of it called vulgarly Bederna a very easy mistake if we consider that the Brittish Pronounce P. for B. and T. like D. situate near Christs Church in Curia Regis or in the Kings Court on the one hand and extending it self near to St. Helens Church upon the walls now demolished on the other hand Although their silence alone to my former demand at least of so many whom I have seen that have written upon this Subject be a sufficient conviction of them and a sufficient vindication of us yet for further manifestation of the truth Let us consider first that if we compare the ages and originals of the Roman and Britannique Churches we shall find that the Britannique is the more ancient and Elder Sister to the Roman it self The Britannique Church being planted by Ioseph of Arimathea in the raign of Tiberius Caesar where as it is confessed that Saint Peter came not to Rome to lay the foundation of that Church untill the second year of Claudius secundo Claudii anno in Italiam venit So if we look to the beginning according to the direction of the Councel of Ephesus the Britannique Church in its first original was free from the Jurisdiction of the Bishop and Court of Rome where there was neither Bishop nor Court nor Ecclesiastick Jurisdiction at that day Secondly that it continued free in ensuing ages appears evidently by that opposition which the Church of Britain maintained against the Church of Rome siding with the Eastern Churches about the question of those times concerning the observation of Easter and the administration of Baptisme wherein Austine about the six hundreth year laboured to conform them but in vain Is it credible that the whole Brittish and Scottish Church should so unanimously have dissented from Rome for many hundred years together if they had been subject to the Jurisdiction of the Roman Bishop as of their lawfull Patriarch or that the Bishop of Rome in all that time should never so much as question them for it if they had been his Subjects Even then when Pope Victor durst attempt to deny or withdraw his communion from all the Asiatick Churches about the same businesse Neither were the Brittish Churches at last conformed to Rome by any Patriarchall power but by many conferences by the necessity of their civill affaires and by long tract of time some sooner some later A long tract of time indeed when some in the most Septentrionall parts of these Provinces were not reduced until a little before the late reformation Thirdly among the principal priviledges of patriarchall power is the right of ordination That all Metropolitans at least should either be ordained by the Patriarch or by License from the Patriarch This appears clearly in the dispute between the Patriarch of Antioch and the Cyprian Bishops But where the Bishops were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 independent upon not subject unto any forrain Prelate there they ordained at their own pleasures needed no License Such were our British Primates ordained alwaies or ordinarily at Rome according to the Cyprian priviledges creating new Bishopricks ordaining new Bishops at their own pleasures without giving any account to Rome So we read of St. Telaus who had been driven out of his own Country by an Epidemical sicknesse for a long time that at his return he consecrated and ordained Bishops as he thought fit That he made one Hismael Bishop of St. Davids And in like manner advanced many other men of the same order to the same degree sending them throughout the country and dividing the parishes for the best accommodation of the Clergy and of the People And if there were no other proofe of our exemption but onely the small number of the Bishops that were ordained by all the succeeding Popes for about the first three hundred years untill the death of Marcellinus It were sufficient to shew that the Bishops of Rome in those daies had little or nothing to do out of their owne Province and that their jurisdiction extended nothing near so far as Britain Saint Peter Ordained but three in his supposed five and twenty years that is Linus and Cletus ut sacerdotale Ministerium Romano populo advenis benè sentientibus exhiberent and Clement to whom he bequeathed his Episcopal Chair Linus but eleven Clement but fifteen Anacletus but six Evaristus but five Alexander but five Sixtus but four c. These were few enough for their own Province and none to
demonstrate clearly if it were needful that the dependence of Bishops and other Orthodox Christians upon the Pope being rightly conceived as it is and as it is really necessary according to the certain and true princâ—ples of Catholick Religion doth not bring any the least shadow of danger to the Common-Wealth though in hostility with the Pope or of a different communion from the Pope If we lived in Plato's Common-Wealth where every one did his duty this reason were of more force Far be it from us to imagine that the right exercise of any lawful power grounded upon the certain and true principles of Catholick Religion should be dangerous to any Society But this is not our case What if the Bishops and Court of Rome have swerved from those certain and true principles of Catholick Religion or have abused that power which was committed to their trust by Christ or by his Church Or have usurped more authority then did belong unto them Or have Engrossed all Episcopal Jurisdiction to themselves leaving the Bishops of the Land but Cyphers in their own Diocesses Or have hazarded the utter ruine and destruction of the Church by their Simony extortion provisions reservations and exemptions Or have obtruded new unwarrantable Oathes upon the Subjects inconsistent with their allegiance Or have drained the Kingdome of its treasure by pecuniary avaricious arts Or have challenged to themselves a negative voice against the right heir of the Crown Or authority to depose a crowned King and absolve his Subjects from their Oathes and allegiance to their Soveraignes And have shewed themselves incorrigible in all these things This is our case In any one of these cases much more in them all conjoyned it is not onely lawful but very necessary for Christian Princes to reform such grosse abuses and to free themselves and their Subjects from such a tyrannical yoke if they can by the direction of a general Councel if not of a Provincial And it is not Schisme but Loyalty in their Subjects to yeild obedience The same Author proceeds That no civil power how Soveraign soever can correct the fundamental articles of Christian faith nor pervert the order of sacred rites received by universal tradition as instituted by Christ nor justifie any thing by their Edicts which is against Christian charity To all this we do readily assent and never did presume to arrogate to our selves or to exercise any such power But still this is wide from our case What if the Bishop of Rome have presumed to coyn and attempted to obtrude upon us new Articles of Faith as he hath in his new Creed and to pervert the sacred rites instituted by Christ as in his with-holding the Cup from the Laity Then without doubt not we but he is guilty of the Schisme Then it is lawful to separate from him in his innovations without incurring the crime of Schisme This is laid down by the Author himself as an evident conclusion and we thank him for it That it is necessary for every Christian to acknowledge no authority under heaven either Ecclesiastical or Civil that hath power to abrogate those things that are revealed and instituted by Christ or to determine those things which are opposite unto them quod Schismatis origo foret which should be the original of Schisme But where that Author infers as a corollary from the former Proposition That no Edict of a Soveraign Prince can Iustifie Schisme because all Schisme is destructive to Christian charity I must crave leave with all due respect to his person to his learning to his moderation and to his charity to rectifie that mistake If by Schisme he understand criminal Schisme that which he saith is most true That were not onely to Justifie the wicked which is an abhomination to the Lord but to justifie wickednesse it self But every separation or Schisme taken in a large sence is not criminal nor at all destructive to Christian Charity Sometimes it is a necessary Christian charitable duty In all the cases that I have supposed above and shall prove hereafter they that make the Separation continue Catholiques and they that give the cause become the Schismatiques But it may be urged That this proceeds from the merit of the cause not from the authority of the Soveraign Prince I answer It proceeds from both Three things are necessary to make a publique reformation lawful Just grounds due moderation and sufficient authority There may be just grounds without sufficient authority and sufficient authority without just grounds and both sufficient authority and just grounds without due moderation But where these three things concur it justifies the reformation before God and man and renders that separation lawful which otherwise were Schismatical Lastly it is alledged That the power of the Soveraign Magistrate is not so absolute that he can command any thing at his pleasure so as to oblige his Subjects to obedience in things repugnant to the Law of nature or the positive Law of God No Orthodox Christian can doubt of this truth The authority of the inferiour ceaseth where the Superiour declareth his pleasure to the contrary Da veniam Imperator tu carcerom ille gehennam minatur Pardon me O Emperour thou threatenest me with imprisonment but God Almighty with hell-fire But this is nothing to our case neither the Law of Nature nor the Law of God doth injoyn Brittish Christians to buy pardons and indulgences and dispensations and Bulls and Palls and priviledges at Rome contrary to the fundamental Laws of the Realm Boniface the eighth by his Bull exempted the University of Oxford from the Jurisdiction of the Archbishop of Canterbury whereupon did grow a controversie between Thomas Arundel Archbishop and the University And the said Bull was decreed to be void by two succeeding Kings Richard the second and Henry the fourth in Parliament as being obtained in praejudicium Coronae suae Legum consuetudinum Regni sui enervationem to the prejudice of his Imperial crown and to the weakning of the Lawes and Customes of his Realm But this disobedience to the decrees of Soveraign Princes must be joyned with passive obedience it must be onely when and where their commands are evidently unjust such as Phaâ—aohs commanding the Hebrew Midwives to kill all the Male children or Sauls injoyning his guard to slay the Priests of the Lord or like Nâ—buchadnezzars idolatrous edict charging all men to fall down and worship his golden Image For otherwise if the case be doubtful it is a rule in Case divinity Subditis tenentur in favorem Legis judicare Subjects are bound to judge in favour of the Law Otherwise they run into a certain crime of disobedience for fear of an uncertain A War may be unjust in the Prince and yet the Souldier be guiltlesse Nor is the Subject obliged to sift the grounds of his Soveraigns commands too narrowly It happens often that reum facit Principem iniquitas
imperandi innocentem subditum ordo serviendi The Prince may be unjust in his commands and yet the Subject innocent in his obedience Take the case at the worst it must be doubtful at the least the Popes Soveraignty and the Jurisdiction of the Roman Court being rejected by three parts of the Christian world and so unanimously shaken off by three Kingdoms And in such a case who is fittest to be Judge the Pope the People or the King Not the Pope he is the person accused And frustra expectatur cujuslibet authoritas contra seipsum It is in vain to expect that one should imploy his authority against himself Not the people would a Judge take it well that a Gaoler should detain the Prisoner from execution untill he were satisfied of the justice of his sentence Or a Pilot that he may not move his Rudder according to the alterable face of the heavens but at the discretion of the ordinary Marriners No whensoever any question hath been moved between any kingdom or Republick of what Communion soever and the Court of Rome concerning the liberties and priviledges of the one or the extortions and incroachments of the other they have evermore assumed the last Judicature to themselves as of right it doth belong unto them The Romanists themselves do acknowledge that Soveraign Princes by the Law of God and nature not only may but are in justice obliged to oppose the tyranny of Ecclesiastical Judges and to protect and free their subjects from their violence and oppression Parsons himself wondreth that any man should deny this power to Kings in their own kingdomes But we are fully satisfied and assured that that universal power which the Pope claimes by Divine right over all Christians and particularly over the Britannique Churches without their consents And much more that Jurisdiction which de facto he did or at least would have exercised there and lesse then which he would not go to the destruction of their natural and Christian liberties and priviledges was and is a tyrannical and oppressive yoak If all Christians were as well satisfied of the truth of this our assumption as we are this controversie were at an end And thus far all Roman Catholicks not interessed nor prepossessed with prejudice do accord fully with us that by whomsoever Papal power was given whether by Christ or his Apostles or the Fathers of the Church in succeeding ages it was given for edification not for destruction And that the Roman Court in later dayes hath sought to impose grievous oppressive and intolerable burthens upon their subjects which it is lawful for them to shake off without regarding their censure as we shall see in the next proposition But because all are not so well satisfied about the just extent of Papal authority and power we must search a little higher Secondly we do both agree that Soveraign Princes may by enabled and authorized either by concession or by prescription for time immemoriall perhaps it were more properly said by vertue of their Soveraign authority over the whole body politique whereof the Clergy are a part â—o exercise all external acts of Ecclesiastical coercive Jurisdiction by themselves or at least by fit delegates praecipiendo suis subditis Sacerdotibus ut excommunicent rebelles contumaces And this is asserted in the case of Abbesses which being women are lesse capable of any spiritual Jurisdiction The truth is that as all Ecclesiastical Courts and all Ecclesiastical coercive jurisdiction did flow at first either from the Bounty and goodnesse of Soveraign Princes to the Church or from their connivence or from the voluntary consent and free submission of Christians Volenti non fit injuria consent takes away errour I except alwayes that jurisdiction which is purely spiritual and an essential part of the power of the Keies whereof Emperours and Kings are not capable So whensoever the Weal-publick and the common safety of their people doth require it for advancement of publick peace and tranquillity and for the greater ease and convenience of the subject in general according to the Vicissitude and conversion of humane affairs and the change of Monarchies they may upon well grounded experience in a National Synod or Councel more advisedly retract what their predecessours had advisedly granted or permitted And alter the face and rules of the external discipline of the Church in all such things as are but of humane right when they become hurtful or impeditive of a greater good in which cases their subjects may with good conscience and are bound in duty to conforme themselves to their Lawes Otherwise Kingdoms and Societies should want necessary remedies for their own preservation which is granted by both parties to be an absurdity Weigh all the parts of Ecclesiastical discipline and consider what one there is which Christian Emperours of old did not either exercise by themselves or by their delegates or did not regulate by their Lawes or both concerning the priviledges and revenues of holy Church the calling of Councels the presiding in Councels the dissolving of Councels the confirming of Councels concerning holy Orders concerning the patronage of and nomination to Ecclesiastical benefices and dignities concerning the Jurisdiction the suspension deposition and ordering of Bishops and Priests and Monks and generally all Persons in holy orders concerning Appeales concerning Religion and the Rites and Ceremonies thereof concerning the Creeds or common Symbols of faith concerning Heresie Schisme Judaisme the suppression of Sects against Swearing Cursing Blaspheming Prophanenesse and Idolatry concerning Sacraments Sanctuaries Simony Marriages Divorces and generally all things which are of Ecclesiastical cognisance wherein he that desires satisfaction and particularly to see how the coercive power of Ecclesiastical Courts and Judges did flow from the gracious concessions of Christian Princes may if he be not too much possessed with prejudice resolve himself by reading the first Book of the Code the Authentiques or Novels of Iustinian the Emperour and the Capitulars of Charles the great and his successours Kings of France We have been requested said Iustinian by Menna the Archbishop of this City beloved of God and universal Patriarch to grant this priviledge to the most reverend Clerkes c. in pecuniary causes referring them first to the Bishop and if he could not compose or determine the difference then to the secular Judge And in criminal causes if the crime were civil to the civil Magistrate if Ecclesiastical to the Bishop By the Councel of our Bishops and Nobles said Charles the great we have Ordained Bishops throughout the Cities that is we have commanded and authorized it to be done And do decree to assemble a Synod every year that in our presence the Canonical decrees and Lawes of the Church may be restored I beseech you what did our King Henry and the Church of England more at the reformation It is true Soveraign Princes are not said properly to make Canons because they do not prescribe them
under pain of Excommunication or suspension or degradation or any spirituall punishment But to affirm that they cannot make Ecclesiasticall constitutions under a civill pain or that they cannot especially with the advise and concurrence of their Clergy assembled in a National Synod reform errours and abuses and remedy incroachments and usurpations and innovations either in faith or discipline and regulate the new Canons or Customes of Intruders and Upstarts by the old Canons of the primitive Fathers is contrary to the sense and practise of all antiquity King Solomon deposed Abiathar from the high Priesthood and put Sadoc in his place Nor want we Presidents of Popes themselves who have been convented before Emperours as Sixtus the third before Valentinian though Platina mince the matter a little too much damnatur Bassus calumniator iniquus annuente Valentiniano c. Leo the third before Charles the great That have been banished by Emperours as Liberius unjustly banished by Constantius and more unjustly restored Sylverius justly banished by Iustinian That have been imprisoned by Soveraign Princes as Pope Iohn the first by Theodoric That have been deposed by them As Iohn the twelfth by Otho the great and Gregory the sixth by Henry the second Henricus secundus in Italiam cum magno exercitu veniens habita Synodo cum Benedictum novum Sylvestrum tertium Gregorium sextum tanquam tria teterrima monstra abdicare se magistratu coegisset c. Henry the second coming into Italy with a great army having convocated a Synod when he had compelled Benedict the Ninth Sylvester the third and Gregory the sixth as three most filthy monsters to quit their government he created Syndeger Bishop of Bamberge afterwards Clement the second Pope Of old when any Schisme did infest the Roman Church as I think no See in the World hath been oftner rent asunder by pretenders to the Papacy the Emperours when they pleased did assume unto themselves the cognisance thereof and determine the succession either by themselves or by their Exarch or Delegates as Honorius between Boniface the first and Eulalius Theodoric the King between Symmachus and Laurentius The Exarch of Ravenna between Sergius the first and Paschalis Otho the third between Iohn the Seventeenth and Gregory the fifth But when these imperiall acts are done in Synods they are more authentique and more conform to Antiquity Thirdly our learned and ingenuous countryman Davenport under the name of Franciscus à Sancta Clara far be it from me to censure Christian charity and moderation for lukewarmnesse or Atheistical neutrality like those whose chief religion consists in crying up a faction I rather wish he had been more universally acquainted with our English Doctrine in his paraphrastical exposition of our English Articles to this question How and whether it be lawful in points of faith to appeal from the Pope and to decline his Iudgment cites the resolution of Gerson in these words following Hoc etiam practicatum est per quoscunque Reges et Principes c. This also hath been practised by all Kings Princes who have withdrawn themselves from the obedience of those whom such or such did Iudge to be Popes which substractions neverthelesse were approved by the sacred Councell of Constance some expressely some implicitly The most Christian King Lewis the twelfth convocated a Nationall Councell of the French Church at Towers wherein sundry Articles were proposed deliberated of and concluded touching these affaires The third Article was that if the Pope should invade another Prince in an hostile manner and excite other Princes to invade his territories whether that Prince might not lawfully withdraw himself from the obedience of such a Pope where observe that though this case alone be specified as being fitted to that present controversy between the King of France and the Pope yet all other cases of the same nature or consequence are included And conclusum est per Concilium principem posse ab obedienâ—ia Papae se subducere ac substrahere non tamen in totum et indistincte sed pro tuitione tantum ac defensione jurium suorum temporalium It was concluded by the Councel that the Prince might withdraw himself from the obedience of the Pope yet not totally nor indistinctly but onely for the defence of his temporal rights The fourth proposition was when such a substraction was lawfully made what the Prince and his subjects more particularly Prelates and other Ecclesiastiques ought to do in such things for which they had formerly no recourse to the Apostolique See And conclusum est per concilium servandum esse jus commune antiquum et pragmaticam Sanctionem regni ex deeretis Sacro-Sancti concilii Basiliensis desumptam It was concluded by the Councell that the ancient common right was to be preserved and the pragmaticall Sanction of the Kingdom taken out of the Decrees of the Sacred Councell of Basil. The eighth proposition was if the Pope proceeding unjustly and by force should pronounce any censures against such a Prince whether they ought to be obeied And conclusum est unanimiter per concilium talem sententiam nullam esse nec de jure vel alio quocunque modo ligare It was concluded unanimously by the Councell that such a Sentence was of no force not binding in law or any other way which opinion or resolution of theirs the above-menâ—tioned Authour saith he ought not to condemne whilest the Church doth tolerate it Behold a principall cause of the separation of the English Church from the Pope the usurpations and incroachments of the Roman Court upon the Politicall rights of the Crown which they would not let go until they were quite shaken off Anthonius de Rosellis a zealous assertour of the Papall authority concludes that the Pope being an heretick or an Apostate though but in secret it is lawful without any sentence or declaration preceding for any of his Subjects that know it Especially for Kings and Princes to depart from him and withdraw themselvs from under his power by that naturall right which they have to defend themselves This may well be doubted of in the case of private persons before sentence by those who believe him to be constituted by Christ the Soveraign Monarch of the Universall Church But in the case of Soveraign Princes with Provincial Councells when Generall Councells cannot be had and much more when General Councells have given their sentence formerly in the case as the Councells of Constance and Basil have done concerning the Papacy And with us who are sufficiently resolved that St. Peter had no preheminence above his fellowes but onely principality of order and the begining of unity And that whatsoever power the Bishop of Rome hath more then any other Bishop it is meerly from the customes of the Catholique Church or from the Canons of the Fathers or from the Edicts of Princes and may be taken away upon sufficient grounds by equall authority to
the time of his health and upon his death-bed for which he was stiled Romanorum malleus The hammer of the Romans whereby he so much irritated the Pope that he would have deposed him and accursed him in his life time if he had not been disswaded by his Cardinals in respect of the learning and holinesse and deserved reputation of the Bishop And after his death would have had his Corps disinterred and buried in a dunghill but that the Bishop appeared to him the night before and gave him or seemed to give him such a shrewd remembrance partly with words and partly with his crosier staffe that the Pope was much terrified and half dead so that he could neither eat nor drink the day following The Pope excommunicated Sewalus the Archbishop of York with Bell Book and Candle But non curavit voluntati papale relicto Iuris rigare muliebriter obedire Quapropter quantâ— magis praecipient Papa maledicebatur tanto plus a populo benedicebatur tacite tamen propter metum Romanorum He cared not to submit womanishly to the Popes will leaving the streight rule of the Law wherefore the more he was accused by the Popes command the more he was blessed of the People but secretly for fear of the Romans In his last sicknesse he summoned the Pope before the Tribunall of the high and incorruptible Judge and called Heaven and Earth to be his witnesses how unjustly the Pope had oppressed him Dixit Dominus Petro c. The Lord said unto St. Peter feed my sheep not clip them not flea them not unbowell them not devoure them They who desire to know what opinion the English had of the greedinesse and extortion of the Court of Rome may find them drawn out to the life by Chaucer in sundry places Such thriving Alchymists were never heard of in our daies nor in the daies of our fore-Fathers that with such ease and dexterity could change an ounce of lead into a pound of gold So they had great reason to say of England that it was a Well that could not be drawn dry And England had as much reason to whip these Buyers and Sellers out of the Temple This complaint is neither new nor particular as we shall see further in due place The second ground of our Ancestors separation of themselves from the Court of Rome were their most unjust usurpations and daily incroachments and intrenchments and extream violations of all sorts of rights civill and Ecclesiastical sacred and prophane They indeavoured to rob the King of the fairest flowers of his Crown As of his right to convocare Synods and to confirm Synods within his own dominions of his Legislative and judiciary power in Ecclesiasticall causes of his Politicall Jurisdiction over Ecclesiastical persons of his Ecclesiasticall Feuds and Investitures of Bishops of his just Patronages of Churches founded by his Ancestors and of the last appeals of his subjects And as if all this had been too little taking advantage of King Iohns troubles they attempted to make the royall Scâ—pter of England Feudotary and tributary to the Crosier staffe of Rome at the annuall rent of a thousand marks Neither is this the case of England alone seeing they make the like pretensions in matter of fact almost to all Europe To say nothing now of that Dominion which some of them have challenged indirectly others directly over Soveraign Princes Nos imperia regna principatus et quicquid habere mortales possunt auâ—erre et dare posse We have power to take away and to give Empires Kingdoms Principalities and whatsoever mortal men can have because I confesse that it is not generally received by the Roman Church Mr. Blackwell made Archpriest of England by Clement the eighth cites Cardinall Allen with much honour to his memorie but much scandalized at his doctrine that none can be admitted King of England without the Popes leave His words are these Without the approbation of the See Apostolique none can be lawfull King or Queen of England by reason of the ancient accord made between Alexander the third the year 1171. and Henry the second then King when he was absolved for the death of St. Thomas of Canterbury That no man might lawfully take that Crown nor be accounted as King till he were confirmed by the Soveraign Pastor of our souls which for the time should be This accord afterwards being renewed about the year 1210. by King Iohn who confirmed the same by oath to Pandulphus the Popes Legate at the speciall request and procurement of the Lords and Commons as a thing most necessary for preservation of the Realm from unjust usurpation of Tyrants and avoiding other inconveniences which they had proved and might easily fall again into by the disorder of some wicked King To which he adds with the like disapprobation a like testimony of Stanislaus Christa novic a Polonian author who infers upon the former ground that the Pope may depose the King of England as being but a tributary King his words are these Illud impie Legislatores per jusjurandum extorquent a Catholicis c. The law-makers do impiously by an oath extort this from Catholicks to deny that the King may be deposed by the Pope and his Kingdomes and Countries by him disposed of For if by an Honourable and pious grant the Kingdome hav become tributary to the Pope why may he not dispose of it Why may he not depose the Prince being refractory and disobedient Thus a bold stranger altogether ignorant of our histories and of our lawes shoots his bolt at all adventures upon the credit of a shamefull fiction but from whom did they learn this lesson even from the Pope himself Bishop Grosthead had been a little bold with the Pope for his extorting courses calling him Antichrist and murtherer of Souls and comparing the Court of Rome to Behemoth that putteth his mouth to the river Jordan thinking to drink it up and stiling the oppression of the English Nation an Aegiptian Bondage He had good reason for the Court of Rome in those daies was grown past shame rubore deposito and consequently past grace The Pope irritated with this usage breaks out into this passionate expression Nonne Rex Anglorum noster est Vasallus et ut plus dicam mancipium Is not the King of England our Vassal or rather our Slave Or rather are these fit guests to be entertained in a Kingdom that make no more of our Soveraign Princes then their Vassals and Slaves who can neither be admitted to the Crown without their leave nor hold it but by their grace This relation of Cardinal Allen brings to my remembrance the question of Neoptolemus to Vlisses when he should have taught him the Art of lying how it was possible for one to tell a lie without blushing The Arch-Priest is much more ingenuous affirming that the assertions touching both the said Kings for matter of fact
indowed being by provisions from Rome frequently conferred upon strangers which could not speak one word of English nor did ever tread upon English ground Insomuch that at one time there were so many Italians beneficed in England that they received more money yearly out of it then all the revenues of the Crown to the high disservice of Almighty God the great scandal of Religion the decay of hospitallity and the utter ruine of the English Church But the least share of their oppressions did not light upon the Bishops who by their dispensations and reservations of cases and of pensions and exemptions and inhibitions and visitations and tenths and first fruits and provisions and subsidiary helps were impoverished and disabled to do the duties of their function They take their aime much amisse who look upon Episcopacy as a branch of Popery or a device of the Bishop of Rome to advance his own greatnesse Whereas the contrary is most certain that the Pope is the greatest Impugner of Bishops and the Papacy it self sprung from the unjust usurpation of their just rights Let it be once admitted that Bishops are by divine right and instantly all his dispensations and reservations and exemptions and Indulgences and his Conclave of Cardinalls and the whole Court of Rome shrink to nothing This was clearly perceived by both parties in the ventilation of that famous question in the Councel of Trent concerning the divine right of Bishops proposed by the Almaines Polonians and Hungarians seconded bravely by the Spaniards prosecuted home by the French owned by the Archbishop of Paris as the doctrine of Sorbone and onely crossed by the Italian faction to preserve the glorie of their own country and the advantages which that nation doth reap from the Papacy By whose frowardnesse and prevarication in all probability the re-union of the Church and the universal peace of this part of Christendom in necessary Truths was hindred at that time I presume the case was not so very ill in forrain parts but yet ill enough Or otherwise St. Bernard would not have made so bold with Eugenius adding that if the daies were not evil he would speak many more things Why do you thrust your sickle into other mens harvest c. He complaines of the confusion of appeals how they were admitted contrary to law and right besides custom and order without any distinction of place or manner or time or cause or person He complaines further of the exemption of Abbats from their Bishops Bishops from their Archbishops Archbishops from their Primates And this he stiles Murmur communem querimoniam Ecclesiarum The murmuring and common complaint of the Churches Lastly they cheated and impoverished the people by their dispensations and commutations and pardons and indulgences and expeditions to recover the holy Land and Jubilees and pilgrimages and agnus Dei's and a thousand pecuniary Artifices So as no sort of men escaped their fingers The third ground of their separation from Rome was because they found by experience that such forreign Jurisdiction so exercised was destructive to the right ends of Ecclesiastical discipline which is in part to preserve publick peace and tranquillity to retein subjects in due obedience and to oblige people to do their duties more conscienciously Farre be it from any Christian to imagine that policy is the Spring-head of Religion There never was yet any one Nation so unpolitick and brutishly barbarous but they had some Religion or other they who obeyed no governors but their parents paid religious duties to some God they who wanted Clothes to their backs wanted not their sacred Ceremonies they who were without municipal Lawes were subject of themselves to the law of conscience But where Religion hath lost its influence and vigour by contempt and much more where the influence of Religion is malignant where Policy and Religion do not support one another but interfere one with another Societies are like Castles builded in the air without any firm foundation and cannot long endure like as that single Meteor Castor appearing without Pollux portends an unfortunate voyage Let us flatter our selves as much as we please said Tully to the Romans we have not overcome the Spaniards in Number nor the Galles in Force nor the Carthaginians in Craft nor the Grecians in Art nor the Italians in Vnderstanding but the advantage which we have gained over them was by Religious piâ—ty So great an influence hath Religion upon the body Politique Wherefore our Ancestors having seen by long and costly experience that the tyrannical Jurisdiction of the Roman Court instead of peace and tranquillity did produce disunion in the Realm factions and animosities between the Crown and the Miter intestine discord between the King and his Barons bad intelligence with Neighbour-Princes and forreign Wars Having seen a stranger solicited by the Pope either to destroy them by War or to subdue them to the obedience of the Roman Court. Having seen their native Country given away as a prey to a forreign Prince Philip of France And the Pope well near seated in the Royal Chair of Estate for him and his successours for ever to the endlesse dishonour of the English name and Nation by the cheating tricks of Pandolphus his Legate having seen English Rebels canonized at Rome and made Saints it was no marvel if they thought it high time to free themselves from such a chargable and dangerous guest Fourthly besides the former bad influence of forreign Jurisdiction upon the body Politique they found sundry other inconveniences that incited them to separate from Rome They must have been daily subject to have had new Creeds and new Articles of faith obtruded upon them They must have been daily exposed to manifold and manifest peril of Idolatry and sinning against God and their own consciences They must have forsaken the Communion of three parts of Christendom which are not Roman to joyn with the fourth They must have approved the Popes apparent rebellion against the supream Ecclesiastical power that is a general Councel And their Bishops must have sworn to maintain him in these his rebellious usurpations whether they should prefer their native and Christian liberty or give them up for nothing whether they should preserve their Communion with the Catholique Church or with the Court of Rome whether they should desert the Pope or involve themselves in Rebellion Schisme Sacriledge and Perjury the choice was soon made Lastly they see that the Popes had disclaimed all that just power which they had by humane right and challenged to themselves a spiritual Monarchy or Sovereignty by divine right whereby their sufferings which in themselves were unsupportable were made also irremediable from thence Wherefore they sought out a fit expedient for themselves being neither ignorant of their old Britannick exemption and liberties of the English Church nor yet of the weaknesse of the Roman pretences Our progenitors knew well enough that their authority extended not to take away
any the least particle of divine right if there had been any such Nor could they justly be accused of violating that humane right which had been quitted long before nor be blamed rightly for denying obedience to him from whose Jurisdiction they were exempted by the Canon of an Oecumenical Councel and who had himself implicitely renounced that Ecclesiastical right which he held from the Church Perhaps some may conceive a defect in the manner of proceeding of the King and Church of England that they did not first make a Remonstrance of their grievances and seek redresse of the Pope himself So the Councel of Towers thought it fit Visum est tamen Concilio ante omnia mittendos Legatos ad D. Papam Julium c. It seemeth good to the Councel that in the first place messengers be sent from the French Church to the Pope who may admonish him with brotherly love and according to the Evangelical form of correction to desist from his attempts and to imbrace peace and concord with the Princes But if he will not hear the messengers let him be demanded to convocate a free Councel according to the decrees of the holy Councel of Basile And this being done and his answer received further provision shall be made according to right To this I answer first That it had been reasonable and just indeed that we had made our first addresse to the Pope if we acknowledged the Roman Bishop to be our lawful Patriarch But the same respect is not due to an usurper Secondly we have seen by frequent experience how vain and fruitlesse such addresses have proved from time to to time According to the former advise of the Councel of Towers the King of France sent Ambassadors to Rome but the Pope refused to hear them or to convocate any Councel and before his death Anathematized Maximilian King of the Romans the Kings of France and of Navarre and divers other Princes Cardinals and Bishops deprived the Kings and Princes of their respective Realms and Principalities the Bishops of their dignities and benefices and gave their Kingdoms and Principalities to the first that could take them from which sentence they appealed to a future Councel The most ancient arbitrary imposition of the Popes upon the British Churches was the Pall an honourable and at first innocent ensign of an Archbishop otherwise of no great moment first introduced in the reigns of the Saxon Kings after the six hundreth year of Christ But in process of time it became vendible and a great summe was exacted for it whereof Canutus long since complained at Rome and had remedy promised as he well deserved of that See But how well it was observed the experience of after-ages doth manifest when both the price was augmented and withall an oath of allegiance to the Pope imposed Electo in Archiepiscopum sedes Apostolica pallium non tradet â—isi prius praesteâ— fidelitatis et obedientiae juramentum The See Apostolique will not deliver the Pall to an elect Archbishop unlesse he first swear fidelity and obedience to the Pope what was become of their old oath of allegiance to their King In the year 1245. the King the Lords spiritual and temporal and the whole Common-Wealth of England joyned together unanimously in a complaint and exhibited their grievances to Rome that the Pope extorted more then his Peter-pence out of the Kingdom contrary to law that the Patrons of Churches were defrauded of their rights strangers preferred souls endangered their bullion exported the Kingdome impoverished provisions made pensions exacted That the English were drawn out of the Realm by the authority of the Pope contrary to the customes of the Kingdom They complained of the coming among them of the Popes infamous messenger non obstante by which oaths customes writings grants statutes rights priviledges were not only weakened but exinanited They complained of collections without the Kings leave that hospitality was not kept the poor not sustained the Word not preached Churches not adorned the cure of souls neglected divine offices not performed and Churches ruined by the abuses of the Papal Court I cannot omit one clause in the letter of the Lords to the Pope Nisi de gravaminibus domino Regi et regno illatis Rex et râ—gnum citiùs liberentur oportebit nos ponere murum pro domâ— Domini et libertate regni Quod quidem ob Apostolicae sedis reverentiam hucusque facere distuliâ—us Vnlesse the King and Kingdom be quickly freed from these grievances we must make a wall of defence or partition for the house of the Lord and the liberty of the Kingdom which we have hitherto forborn to do out of our reverend respect of the Apostolique See They seem to allude to that wall which Severus made to save the Kingdom from the incursions of the Scots and Picts Surely that was not more necessary then than that wall of partition which Henry the eighth made afterwards to save the Realm from the affronts and extortions and injuries of the Roman Court. Neither did they make their addresses to the Pope alone but to the Councel of Lyons by the Procters of the whole Nobility and Commonalty of England for redresse of the violent oppressions intolerable grievances and impudent exactions which were practised in England by meanes of that hateful clause non obstante too often inserted in the Popes letters They represented that there were so many Italians for the most part ignorant and unlearned that understood not one English word nor did ever tread upon English ground beneficed among them that their yearly revenue exceeded the revenue of the Crown Neither did they complain onely but threaten and swear that they would not permit such abuses for the future But what ease did the poore English find by complaining to the Pope either in Councel or out of Councel Martine the Popes Commissioner for he could not send a Legate without the Kings consent extorts excommunicates interdicts the Pope himself is angry because like sturdy children they durst cry and whimper when they were beaten and perswades the King of France to invade England and either to depose the King or subject him to the Court of Rome which lost the Pope the heart of the English The King told them that their King began to kick against him and play the Frederick And they threatened that if he persisted they should be forced to do that which would make his heart ake After this Edward the third made his addresses likewise to Rome for remedy of grievances in the year 1343. How did he speed No better then his Great grandfather Henry the third The Pope was offended and termed his modest expostulation rebellion But that wise and magnanimous Prince was not daunted with words to requite their invectives he made the statutes of Provisoes and praemunire directly against the incroachments and usurpations of the Court of Rome Whereby he so abated their power
in England for sundry ages following that a Dean and Chapter were able to deal with them not onely to hold them at the swords point but to soile them Lastly King Henry the eighth himself had been long a suiter unto Clement the seventh to have his Predecessor Iulius the seconds dispensation for his marriage with his Brothers wife to be declared void But though the Popes own Doctors Universities had declared the dispensation to be unlawfull and invalide and although the Pope himself had once given forth a Bull privately to his Legate Cardinall Campeius for the revocation thereof wherein he declared the marriage to be null and that the King could not continue in it without sinne yet the King found so little respect either to the condition of his person or to the justice of his cause that after long delayes to try if he could be allured to the Popes will in the conclusion he received a flat deniall This was no great incouragement to him to make any more addresses to Rome So what was threatened and effected in part in the dayes of Henry the third and Edward the third was perfected in the reign of Henry the eighth when the Jurisdiction of the Court of Rome in England was abolished which makes the great distance between them and us Different opinions are often devised or defended on purpose to maintain faction if animosities were extinguished and the mindes of Christians free from prejudice other controversies might quickly be reconciled and reduced to primitive general truths The power Paramount of the Court of Rome hath ever been and still is that insana laurus which causeth brawling and contention not onely between us and them but between them and the Eastâ—rn Churches yea even between them and those of their own communion as we shall see in the next Chapter Yea the originall source true cause of all the Separations reformations made in the Church in these last ages As all the Estates of Castile did not forbear to tell the Pope himself not long since in a printed memoriall and the Kingdom of Portugall likewise To conclude this point These former Kings who reigned in England about the years 1200. and 1300. might properly be called the first Reformers and their Lawes of Proviso's and Prâ—munire's or more properly premoneres the beginning of the Reformation They laid the Foundation and Henry the Eighth builded upon it Now having seen the authority of our Reformers and the justice of their grounds in the last place let us observe their due moderation in the manner of their separation First they did not we do not deny the being of any Church whatsoever Roman or other nor possibility of salvation in them especially such as hold firmly the Apostles Creed and the faith of the four first Generall Councels Though their salvation be rendred much more difficult by humane inventions and obstructions And by this very sign did Saint Cyprian purge himself and the African Bishops from Schisme Neminem judicantes aut à jure communionis aliquem si diversum senserit amoventes Iudging no man removing no man from our communion for difference in opinion We do indeed require subscription to our Articles but it is onely from them who are our own not from strangers nor yet of all our own but onely of those who seek to be initiated into holy orders or are to be admitted to some Ecclesiastical preferment So it is in every mans election whether he will put himself upon a necessity of subscription or not neither are our Articles penned with Anathema's or curses against all those even of our own who do not receive them but used only as an help or rule of unity among our selves Si quis diversum dixerit If any of our own shall speak or preach or write against them we question him But si quis diversum senserit if any man shall onely think otherwise in his private opinion and trouble not the peace of the Church we question him not We presume not to censure others to be out of the pale of the Church but leave them to stand or fall to their own Master We damne none for dissenting from us we do not separate our selves from other Churches unlesse they chase us away with their censures but onely from their errours For clear manifestation whereof observe the thirtieth Canon of our Church It was so far from the purpose of the Church of England to forsake and reject the Churches of Italy France Spain Germany or any such like Churches in all things which they held and practised c. that it only departed from them in those particular points wherein they were fallen both from themselves in their aâ—cient integrity and from the Apostolical Churches which were their first founders So moderate are we towards all Christians whether forreigners or domesticks whether whole Churches or single persons But because the Roman Catholicks do lay hold upon this charitable assertion of ours as tending mainly to their advantage Behold say they Protestants do acknowledge a possibility of salvation in the Roman Church But Roman Catholicks deny all possibility of Salvation in the Protestant Churches Therefore the Religion of Roman Catholiques is much safer then that of Protestants Hence proceeded their Treatise of charity mistaken and sundry other discourses of that nature wherein there are mistakes enough but little charity For answer If this Objection were true I should love my Religion never the worse Where I find little charity I look for as little faith But it is not true for when the businesse is searched to the bottom they acknowledge the same possibility of salvation to us which we do to them that is to such of either Church respectively as do not erre wilfully but use their best endeavours to find out the truth Take two testimonies of the Bishop of Chalcedon If they that is the Protestants grant not salvation to such Papists as they count vincibly ignorant of Roman errours but onely to such as are invincibly ignorant of them they have no more charity then we for we grant Church saving faith and salvation to such Protestants as are invincibly ignorant of their errours And in his book of the distinction of fundamentals and not fundamentals he hath these words If Protestants allow not saving faith Church and salvation to such as sinfully erre in not fundamentals sufficiently prâ—posed they shew no more charity to erring Christians then Catholicks dâ— for we allow all to have saving faith to be in the Church in way of salvation for so much as belongeth to faith who hold the fundamental points and invincibly erre in not fundamentals because neither are these sufficiently proposed to them nor they in fault that they are not so proposed Secondly as our separation is from their errours not from their Churches so we do it with as much inward charity and moderation of our affections as we can possibly willingly indeed in
nothing but iâ—â—posuâ—mus that he had put the Crown upon him So the Emperour complaines in his letter to the Bishops A pictura coepit à pictura ad Scripturam processit Scriptura in authoritatem prodire conatur c. It began with paiuâ—ing from painting it proceeded to writing And at last they sought to justifie it by authority We will not said he suffer it we will not indure it we will rather lay down our Imperial Crown then suffer the Empire it self to be deposed with our consent Let the pictures be defaced let the writings be retracted that perpetual monuments of enmity between the Sâ—â—pter and the Miâ—er may continue Thus Pope Adrian failed of his design But his successour Iohn the 22. renewed the Papal claim against Ludovicus the fourth in higher termes as appeareth by his own Bull wherein he affirms that after the translation of the Roman Empire from the Grecians to the Germans by his predecessours the Popes summus ille honor beneficium Pontificis Maximiesse solet the Empire used to be the Popes gift Adding that the elections of the German Princes were invalid unlesse the Pope universi orbis Christiani Pater atque Princeps Dei Optimi Maximi Legatus suo numine faveat aspiret should approve it And finally commanding the Emperour to quit his Crown and Imperial dignity and not to reassume them but by his command nisi jussu mandato nostro But the Emperour appealed the Electours and other Princes protested against the Popes pretended power And the Emperour and all the States of the Empire made a solemn constitution against it This was the second repulse yet the Popes were not so easily shaken off It fortuned about the year 1400 that the Electoral Colledge deposed Wenceslaus from the Empire and chose Rupert Prince Palatine in his place communicating the whole businesse whilest it was in agitation to the Pope to have his spiritual advice and the countenance of the Apostolique See but yet reserving the power entirely to themselves Howsoever Pope Boniface the ninth layes hold of this opportunity and declares by his Bull that the Electours did it by his authority authoritate nostrâ suffulti And confirmes the said deprivation as good and lawful This incertainty of succession and this Papal pretension made sundry Emperours more fearful to grapple with the Popes or to right themselves from their grievous exactions and usurpations In the year 1455. after the death of Nicholas the fifth the Germans bewailed their condition to Frederick the third and sought to perswade him that he would no longer obey the Roman Bishops unlesse they would at least give way to a pragmatical sanction for the maintenance of the liberties of the German Nation like that of the French Kings for the priviledges of the Gallicane Church They shewed thar their condition was much worse then the French and Italians whose servants especially the Italians without a change they were deservedly called Rogabant urgebant Proceres populique Germaniae gravissimis tum rationibus tum exemplis tum utilitatem tum necessitatem Imperii c. The Princes and people of Germany intreated and pressed both the advantage and necessity of the Empire They implored his fidelity they prayed him for his Oathes sake and to prevent the infamy and dishonour of their Nation that they alone might not want the fruit of their National decrees that he had as much power and was as much obliged thereunto as other Kings c. Nec certè procul abfuit c. It wanted not much saith Platina Molinaeus goes further His rationibus victus permotus Imperator c. The Emperour being overcome and moved with these reasons was about to make as full a Sanction for his Subjects as the King of France had done for his What hindered him Onely the advice of Aeneas Sylvius who perswaded him rather to comply with the Pope then with his people upon this ground that Princes disagreeing might be reconciled but between a Prince and his people the enmity was immortal Motus hac ratione Imperator spretâ populorum postulatione Aeneam Oratorem deligit qui ad Calistum mitteretur The Emperour being moved with this reason despising the request of his people sends the same Aeneas as his Ambassadour to Calistus The truth is this The Emperour feared the Pope and durst not trust his own Subjects Whence it proceeded that seven years before his death he not onely procured his son Maximilian to be crowned King of the Romans but also took him to be his companion in the Empire ne post obitum suum ut factum fuisset transfereretur imperium in aliam familiam lest the Empire after his death as without doubt it had come to passe should have been transferred into another family Yet notwithstanding these barres or remora's the uncertainty of succession and Papal pretensions the Emperours have done as much in relation to the Court of Rome as the Kings of England First Henry the eighth within his own Dominions did exercise a power of convocating Ecclesiasticall Synods confirming Synods reforming the Church by Synods and suppressing upstart innovations by ancient Canons The Emperours have done the same Charles the Great called the Councel of Franckford consisting of 300. Bishops Witnesse his own letter to Elipandus Iussimus Sanctorum Patrum Synodale ex omnibus undique nostrae ditionis Ecclesits congregari Concilium VVe have commanded a Synodical Councel to be congregated out of all the Churches within Our Dominions Neither did he onely convocate it but confirm it also Ecce ego vestris petitionibus satisfaciens congregationi Sacerdotum auditor arbiter adsedi Discernimus Deo donante decrevimus quid esset de hac inquisitione firmiter tenendum Behold I satisfying your requests that is of the Elipandians and Foelicians who made Christ but an adoptive son of God did sit in the Councel both as an hearer and as a Iudge VVe determine and by the gift of God have decreed what is to be held in this inquiry And it is very observable how he disposed the resolutions of this Councel into four Books The first book contained the sense of the Roman Bishop and his Suffragans The second of the Archbishop of Millain and the Patriarch of Aquileia with the rest of the Italian Bishops The third the votes of the German French and British Bishops The last his own consent The Romans had no more part therein then others to set down their own faith and to represent what they had received from the Apostles Neither did they onely convocate Councels and confirm them but in them and by them reformed innovations and restored ancient truths and Orders So did the same Emperour By the counsel of our Bishops and Nobles we have ordained Bishops throughout the Cities and do decree to assemble a Synod every year that in our presence the Canenical decrees and lawes of the
Church may be restored Ludovicus Pius convocated a Councel at Aquisgrane to reform the abuses of the Clergy and confirmed the same and commanded the constitutions thereof to be put in execution as appeareth by his own Epistle to Arno Archbishop of Salzburge Otho the first called a Councel at Rome and caused Iohn the 12th to be deposed and Leo the eighth to be chosen in his place The sentence of the Councel was Petimus magnitudinem Imperii vestri c. VVe beseech your Imperial Majestie that such a Monster may be thrust out of the Roman Church And the Emperour confirmed it with a placet we are pleased Henry the fourth called a German Synod at VVormes And another of Germans and Italians at Brixia wherein sentence of deprivation was given against Gregorie the seventh and confirmed by the Emperour Quorum sententiae quòd justa probabilis coram Deo hominibúsque videbatur c. egoâ—quoque assentiens omne tibi Papatûs jus quod habere visus es abrenuncio c. Ego Henricus Rex Dei gratiâ cum omnibus Episcopis nostris tibi dicimus Descende descende To whose sentence because it seemed just and reasonable before God and men I also assenting do declare thee to have no right in the Papacy as thou seemest to have I Henry by the Grace of God King of the Romans with all our Bishops do say unto thee Descend from thy Seat descend So Frederick the first called a Councel at Papia to settle the right succession of the Papacy wherein Roland the Cardinal was rejected and Victor declared lawful Bishop of Rome And all this was done with due submission to the Emperour Christianissimus Imperator c. The most Christian Emperour in the last place after all the Bishops and Clergy by the advice and upon the petition of the Councel received and approved the election of Victor I will conclude this first part of the parallel with the words of the same Emperour in the same Councel Quamvis noverim officio ac dignitate Imperii penes nos esse potestatem congregandorum Conciliorum c. Although I know that by vertue of our office and Imperial dignity the power of calling Councels rests in us especially in so great dangers of the Church For both Constantine and Theodosius and Justinian and of fresher memory Charles the Great and Otho Emperours are recorded to have done this Yet I do commit the authority of determining this great and high businesse to your wisdome and power that is to the Bishops there assembled But it may be objected that the Emperours with their Synods never made any such Schismatical reformation as that which was made by the Protestants in England I answer First that the Schisme between the Roman Court and the English Church other Schisme I know none on our parts was begun long before that reformation in the daies of Henry the eighth and the breach sufficiently proclaimed to the world both by Romish Bulls and English Statutes We could not be the first separatours of our selves from them who had formerly thrust us out of their doors It is not Schismatical to substract obedience from them to whom it is not due who had extruded us out of their Society but it is Schismatical to give just cause of substraction Secondly I answer That there was a great necessity of Reformation both in Germany and England For proof whereof I produce two witnesses beyond exception the one a Pope the other a Cardinal The former is Adrian the sixth in his instructions to his Legate in the year 1522. which the Princes of the Empire take notice of in their auswer His words are these Scimus in hac Sancta sede aliquot jam annis multa abhominanda fuisse c. VVe know that for some by-past yeares many things to be abominated have been in this holy See abuses in spiritual matters excesses in commands and to conclude all things out of order c. wherein for so much as concerns us thou shalt promise that we will use all our endeavour that first this Court from whence peradventure sure enough all the evil did spring may be reformed that as corruption did flow from thence to the inferiour parts of the Church so may health and Reformation To procure which we do hold our selves so much more strictly obliged by how much we do see the whole world greedily desire such a Reformation O Adriane si nunc viveres The other witnesse is Cardinal Pool who makes two main ends of the Councel of Trent The one the reconciling of the Lutherans The other quo pacto ipsius Ecclesiae praecipua vel potiùs omnia ferè membra ad veterem disciplinam instituta à quibus non parùm declinârunt revocentur To consider how the principal members of the Church or rather almost all the members might be reduced to their ancient discipline and Ordinances from which they had swerved much Yet when himself was sent afterwards by Paul the fourth to reform the Church of England it seemeth that he had forgotten those great deviations of the principall members and those very representations which he himself with eight other selected Cardinals and Prelates had made upon oath to Paul the third Then he saw that this lying flattering principle that The Popâ— is the Lord of all benefices and therefore cannot be a Simoniack was the fountain ex quo tanquam ex equo Trojano irrupere in Ecclesiam Dei tot abusus et tam gravissimi morbi c. from which as from the Trojan horse so many abuses and so grievous diseases had broken into the Church of God and brought it to a desperate condition to the derision of Christian Religion and blaspheming of the Name of Christ And that the cure must begin there from whence the disease did spring by taking away all abuses in dispensations of all kinds and ordinations and collations and provisions and pensions and permutations and reservatitions and coadjutorships and expectative graces and unions and non-residence and exemptions and absolutions and all such pecuniary artifices because it is not lawful by any means to reap any gain from the exercise of the power of the Keyes Tollantur say they hae maculae c. Let these spots be taken away to which if any entrance be given in any Common-wealth or Kingdom whatsoever it must needs fall headlong instantly or very shortly to ruine Thirdly I answer that the Emperours and the German Church did not onely desire a reformation as appeareth by the Letter of Sigismond the Emperour to the King of France Maximo desideâ—io jamdudum tenebamur c. We have long desired greatly to see the onely Spouse of Christ the Catholick Church happily reformed in our daies but after we were assumed to the Imperial Government our desire passed into command c. And the advises of Constance conceived by the Deputies of the German Nation in
Religion to the See of Rome and to the rights of Holy Church notwithstanding the municipal Lawes and immemorial customes of the Empire and notwithstanding any Oathes taken for the observation thereof Yet the Emperour and the Princes of Germany stand to their contracts assert the municipal lawes and customes of the Empire And assume unto themselves to be the onely Judges of their own priviledges and necessities Thirdly Henry the eighth challenged to himself the patronage of Bishopricks and investitures of Bishops within his own Dominions The Emperours did more Adrian the fourth taxed Frederick the first for requiring homage and fealty of Bishops Et manus eorum sacratas manibâ—s tuis innectis and that he held their consecrated hands in his hands The Emperour denyed it not but justified it Ab his qui regalia nostra tenent cur homagium regalia Sacramenta non exigamus why may we not require homage and Oathes of Allegiance from them who hold their Lands of our Imperial Crown The Ecclesiastical Lords in their letter to Innocent the third do acknowledge that the fees which they held from the Empire they had received at the hands of Otho the fourth and had done him homage and sworn fealty to him And this before his Imperiall Coronation at Rome Henry the fifth goes yet further and accuseth Pope Paschal that without any hearing he sought to take away from the Empire the investitures of Bishops which the Emperours his predecessours had enjoyed from the time of Charlemain by the space of 400 yeares and upwards A fair prescription But this is not all The Emperours did long injoy the patronage of the Papacy it self and the disposition of the Roman Bishoprick Adrian the first with the whole Clergy and people of Rome quitted all their claim right and interest to Charles the Great as well in the elections of the Popes as investitures of Bishops And Leo the eighth did the like to Otho the first which is a truth in history so apparent that no man can deny it with his credit nor question it with reason Fourthly the Kings of England suffered no appeales to Rome out of their Kingdoms nor Roman Legates to enter into their Dominions without their License No more did the Emperours though they acknowledge the Roman Bishop to be their Patriarch which we do not Hadrian the fourth complained of Frederick the first That he shut both the Churches and the Cities of his Kingdom against the Popes Legates à latere And more fully in his letter to the German Bishops that he had made an edict that no man out of his Kingdome should have recourse to the Apostolique See To the former part of the charge the Emperour answers Cardinalibus vestris clausae sunt Ecclesiae non patent civitates quia non videmus eoâ— praedicatores sed praedatores non pacis corroboratores sed pecuniae raptores non orbis reparatores sed auri insatiabiles corrasores Our Churches and Cities are shut to your Cardinals because we do not see them Preachers but robbers not confirmers of peace but extorting catchers of money not repairers of the world but insatiable scrapers together of gold Thus much he writ to the Pope himself To the second part of the charge he answers That he had not shut up the entrance into Italy or the passage out of Italy by edict nor would shut it up to travellers or such as had necessary occasions and the testimony of their Bishops for their voyage to the Sea of Rome but he intended to remedy those abuses by which all the Churches of his Kingdome were burthened and impoverished That the whole body of the Empire were of the same mind it appeares by the Advises of Ments And by the hundred grievances of the German Nation which the Princes and Peeres of the Empire protested that they neither could nor would indure any longer Fifthly the Kings of England declared the Popes Bulls to be void They had good reason for they were not under his Jurisdiction nor within the sphere of his activity The Emperours did not so generally but yet they took upon them to be Judges whether the Popes key did erre or not Pius the second by his Bull condemned all appeales from the Pope to a General Councel as erroneous detestable void and pestilent and subjected all those who should use them after two moneths to execration ipso facto of what condition soever they were Emperours Kings or Bishops Yet long after this Charles the fifth appealed from Clement the seventh to a Generall Councel Ad sacri Generalis Concilii totius Christianitatis cognitionem et judicium remittenda censuimus Illiqque nos et omnia quae cum S. vestra habere possumus aut deinceps habituri sumus omnino subjicimus Wherein he did but insist in the steps of his predecessours Lewis the fourth did the same to Iohn the 22th And in the Dyet of Frankford decreed them all that should assent to the Popes Bull to be guilty of treason and to have forfeited all their fees which they held of the Empire because the sentence of a Pope contrary to God or to holy Scripture or to that due obedience which a Subject owes to his Prince is of no moment or validity And such the Princes and Peeres of the Empire did unanimously declare the Popes Bull to be contra Deum justitiam juris ordinem contrary to God contrary to holy Scripture and contrary to due order of Law Sixthly Henry the eighth deprived the Pope of his Annates tenths and first fruits in England of his pall-money and other extorted revenues What did the Emperour and the Germans lesse then he In the advises of Ments it is concluded that the Pope shall receive nothing either before or after for confirmations elections admissions collations provisions presentations holy order palles benedictions c. upon pain that the transgressour thereof either in exacting or giving or promising should incurre the punishment due to a Simoniacal person And though these were but Advises yet the King of the Romans and Electors did covenant mutually to assist and defend one another in the maintenance of them against all men And yet further procured them to be confirmed and inlarged in the Councel of Basile by the addition of investitures bulls annates first fruits c. This was too sweet a morsel for the Pope to lose willingly when the Archbishop of Ments paid for his pall worth about sixe pence thirty thousand Florens By the Concordates or accord made between the Emperour and Princes of Germany and Nicholas the fifth the Annates are in part remitted or taken away The Estates of the Empire assembled at Nurenberge represented to Adrian the sixth that Annates were given for maintenance of the war against the Turks and how comely a thing it were that they should be restored to the same use The Princes
added further That they were but granted for a certain term which was effluxed The hundred Grievances rest not here but say moreover that they were but deposited at Rome to be preserved faithfully for that use And lastly Charles the fifth in his Rescript tells the Pope That other Kings do not suffer the spoyles of the Churches and Annates to be transported out of their Kingdoms to Rome so universally and so abundantly Seventhly to draw to a conclusion Henry the eighth imposed an oath of fidelity or allegiance upon his Subjects Ecclesiastical as well as temporal So did Frederick the first Emperour of that name I swear that from henceforth I will be faithful to my Liege Lord Frederick the Emperour of the Romans against all men the Pope is included or rather intended principally as by Law I am bound And I will help him to retain his Imperiall Crown and all his honour in Italy c. Henry the eighth took away Popish pardons and indulgences and dispensations The German Nation likewise groaned under the burthen of them Among their hundred grievances that of dispensations was the first And that of Papal Indulgences the third either for sins past or to come modo tinneat dextrâ it is their own phrase They call these artifices meer impostures by which the very marrow of Germaâ—y was sucked up their ancient liberty was enervated and the merit of Christs passion became sleighted Lastly Henry the eighth abolished the usurped jurisdiction of the Bishop of Rome within his Dominions The Emperours did not so whether they thought it not fit to leave an old Patriarch Or because they did not sufficiently consider the right bounds of Imperial power especially being seconded with the authority of an Occidental Councel or because they did not so clearly distinguish between a beginning of unity and an universality of Jurisdiction or because they had other remedies wherewith to help themselves I cannot determine But this we have seen That the Emperours have deposed Popes and have appealed from Popes to General Councels And have maintained their Imperial prerogatives against Popes and made themselves the last Judges of the liberties and necessities of the whole body Politique Frederick the third in the Dyet of Nurenburg sequestred all the moneys that should be raised in three years from Indulgences and absolutions whether Papal or Conciliary towards the raising of twenty thousand men for defence of the Empire against the Turk The resolution of the Elect Arch-Bishop of Trevers against Gregory the 7th was this Ne plus per hunc Sancta quae modo extremum traâ—it spiritum periclitâ—tur Ecclesia ex me dicâ— quod nullam ei posthac obedientiam servabo c. Lest the holy Church which is now brought to the last gasp incurre more danger by his means I speak of my self that hereafter I will perform no obedience to him that is Pope Hildebrand Neither was this his resolution alone All the German Bishops were of the same mind Because thy entrance into the Papacy was begun with so great perjuries And the Church of God is brought into such a grievous storm through the abuse of thy innovations and thy life and conversation is soiled with so manifold infamy As we promised thee no obedience so we let thee know that for the future we will perform none unto thee Et quia nemo nostrum ut publice declamas tibi hactenus â—uit Episcopus ita nulli nostrum â— modo eris Apostolicus And as thou hast reputed none of us for Bishops hitherto So hereafter none of us will esteem thee for the Successour of Saint Peter Which sentence was confirmed by the Emperour Ego Henricus Rex cum omnibus Episcopis meis tibi dico Deseâ—nde descende The first Councel of Pisa did not onely substract their obedience from Peter de Luna calling himself Benedict the 13th and Angelus de Gorario calling himself Gregory the 12th But they decreed that it was lawful for all Christians and accordingly did command them to substract their obedience from them Of which Councel the Councel of Constance was a continuation The second Councel of Pisa suspended Iulius the second from the Papacy and commanded all Christians to withdraw their obedience from him The former had the consent of the Emperour The later his assistance and protection as appeareth both by the solemn promise of the Emperours Ambassadours made in Councel and the acknowledgment of the Councel it self I will conclude this first part of my parallell concerning the Empire with two answers of German Bishops The first of the German and French to Anastasius the second wherein they tell him plainly that they did not understand that new compassion which the Italian Physicians used to cure the infirmities of France They â—axe them for seeking to restrain the absolution of souls to Rome They require that Italian Bishop that is without sin to cast the first stone at them They advise them not to use their pretended authority against their Bishops lest the blow should recoile upon themselves for that theirs had not learned to fear above that which was needfull they tell them that surely they in Italy think that the Galles had lost all these three Verbum ferrum ingenium their tongues their wits and their weapons And so they conclude Etiamsi inclinata esset arca testamenti nostri nostrorum Episcoporum esset non illorum inclinatam relevare Although the arke of their Covenant was falling yet it belonged to their own Bishops and not to them to lift it up again The other answer was of the Archbishops of Colone and Triers with the Synod of Coloegne to Nicholas the first Wherein after many bitter expressions they have these words His de causis nos cum fratribus nostris collegis neque edictis tuis stamus neque vocem tuam agnoscimus nequo tuas bullas tonitruaque tua timemus For these reasons we with our brethren and collegues do neither give place to thy edicts nor acknowledge thy voyce nor fear thy thundring bulles I expect that some will be ready to object that these substractions were but personal from the present Pope not from the See of Rome which is true in part But the same equity and rule of justice which warrants a separation from the person of the Pope for personal faults doth also justifie a more durable separation from the See of Rome that is from him and his Successours for faulty rules and principles either in doctrine or discipline untill they be reformed From Germany our passe is open into France where the case is as clear as the Sun how their Kings though acknowledged by the Popes themselves to be most Christian the eldest Sons of the Church and otherwise the great Patrons and Protectours of the Romane See with their Princes of the blood their Peers their Parliaments their Ambassodours their Schools and Universities have all of them in
all ages affronted and curbed the Roman Court and reduced them to a right temper and constitution as often as they deviated from the Canons of the Fathers and incroached upon the liberties of the Gallicane Church Whereby the Popes jurisdiction in France came to be meerly discretionary at the pleasure of the King Hincmare had been condemned by three French Synods for a turbulent person and deposed Pope Adrian the second takes Cognisance of the cause at Rome and requires Carolus Calvus the King of France to send Hincmare thither with his accusers to receive justice The Kings apologetick answer will shew how he relished it Valde mirati sumus ubi hoc dictator Epistolae scriptum invenerit esse Apostolica authoritate praecipiendum ut Rex corrector iniquorum districtor reorum atque secundum leges Ecclesiasticas atque mundanas ultor criminum reum legaliter ac regulariter pro excessibus suis damnatum sua fretum potentia Roman dirigat We wondered much where he who dictated the Popes Letter hath found it written as commanded byâ— Apostolical authority that a King who is the Corrector of the unjust the punisher of guilty persons and according to all Lawes Ecclesiastical and Civill the revenger of crimes should send a guilty person legally and regularly condemned for his excesses to Rome He tells him that the Kings of France were reputed terrarum Domini not Episcoporum Vice-Domini or Villici Lords paramount within their Dominions not Licutenants or Bayliffes of Bishops Quis igitur hanc inversam legem infernus evomuit quis tartarus de suis abditis tenebrosis cuniculis eructavit What hell hath disgorged this disorderly law what bottomlesse depth hath belched it up out of its hidden and obscure holes The Kings of France have convented the Popes before them So Charles the Great dealt with Leo the third and Lotharius with Leo the fourth The Kings of France have appealed from Popes to Councels So Philip the 4th with the advise of all the orders of France and the whole Gallicane Church appealed from Boniface the eighth and commanded his appeal to be published in the great Church at Paris So Henry the great appealed from Gregory the 14th and caused his appeal to be affixed to the gates of Saint Peters Church in Rome So the School of Sorbone appealed from Boniface the eight Benedict the eleventh Pius the second and Leo the tenth The Kings of France have protested against the Popes decrees and sleighted them yea in the very face of the Councel of Trent Witnesse that protestation of the Ambassadour of France made in the Councel in the name of the King his Master We refuse to be subject to the commands and disposition of Pius the fourth we reject refuse and contemn all the judgements censures and decrees of the said Pius And although most holy Fathers your Religion Life and Learning was ever and ever shall be of great esteem with us Yet seeing indeed you do nothing but all things are done at Rome rather then at Trent And the things that are here published are rather the decrees of Pius the fourth then of the Councel of Trent we denounce and protest here before you all that whatsoever things are decreed and published in this Assembly by the meer will and pleasure of Pius neither the most Christian King will ever approve nor the French Church ever acknowledge to be decrees of a General Councel Besides this the King our Master commandeth all his Archbishops and Bishops and Abbats to leave this Assembly and presently to depart hence then to return again when there shall be hope of better and more orderly proceedings This was high and smart for the King and the Gallicane Church so publickly to reject refuse and contemn all Papal decrees and to challenge such an interest in and power over the French Archbishops and Bishops as not onely to license them but to command them to depart and leave the Councel whither they were summoned by the Pope The French Kings have made Lawes and constitutions from time to time to repress the insolencies and exorbitances of the Papal Court so often as they began to prejudice the liberties of the Gallicane Church with the unanimous consent of their Princes Nobles Clergy Lawyers and Commons As against their bestowing of Ecclesiastical dignities and benefices in France and their grosse Simony and extortions in that way against the payment of Annates and tenths to Rome and generally for all the liberties of the Church of France Against reservations and Apostolical graces and all other exactions of the Court of Rome Charlâ—s the seventh made the pragmatical Sanction to confirm all the Acts of the Councels of Constance and Basâ—l against the tyranny and usurpation of the Pope It is true that Lewis the eleventh by the flattering perswasion of Aeneas Sylvius then Pius the second did revoke this Sanction But the Kings Proctour and the Rectour of the University of Paris did oppose themselves formally to the Registring and Authorizing of this revocation Whereupon the King desired the advise of his Parliament in writing which they gave to this effect That the revocation of that Sanction tended to the confusioâ— of the whole Ecclesiastical order the depopulation of France the exhausting and impoverishment of the Kingdom and the total ruine of the French Church Hereupon the King changed his mind and made diverse declarations and edicts conformable to and in pursuance of the pragmatical Sanction After this the three Estates assembled at Towers made it their first and instant request to Charles the 8th that he would preserve inviolable the pragmatical Sanction which they reputed as the Palladium of France And in the National Councel assembled by Lewis the 12th in the same City it was again confirmed But the Pope stormed and thundered and excommunicated and interdicted Lewis the 12th Francis the first and the whole Realm and exposed it as a prey to the first that could take it And gave plenary Indulgence to every one that should kill a Frenchman King Francis fainted under such fulminations and came to a composition or accommodation with Leo the tenth which was called conventa or the concordate On the one side the Popes friends think he wronged himself and his title to a spiritual Sovereignty very much by descending to such an accommodation And exclude France out of the number of those Countries which they term pays d' obedience As if the French were not loyal obedient Subjects but Rebels to the Court of Rome On the other side the Prelates the Universities the Parliaments of France were as ill contented that the King should yeeld one inch and opposed the accord Insomuch as the University of Paris appealed from it to a future Councel and expedited Letters Patents sealed with the Universities Seal containing at large their grievances and the reasons of the appeal which after were published to the world in print I cannot here omit
Command or permission And after permission onely by authority of the King and not by authority of the Pope to shun confusion and mixture of Jurisdictions 10. Neither the King nor his Realm nor his Officers can be excommunicated or interdicted by the Pope nor his Subjects absolved from their Oath of Allegiance 11. The Pope cannot impose Pensions in France upon any benefices having cure of soules nor upon any others but according to the Canons according to the expresse condition of the resignation or ad redimendum vexationem 12 All Bulls and Missives which come from Rome to France are to be seen and visited to try if there be nothing in them prejudicial in any manner to the estate and liberties of the Church of France or to the Royal authority 13 It is lawful to appeal from the Pope to a future Councel 14 Ecclesiastical persons may be convented judged and sentenced before a secular Judge for the first grievous or enormious crime or for lesser offences after a relapse which renders them incorrigible in the eye of the Law 15. All the Prelates of France are obliged to swear feaâ—ty to the King and to receive from him their investituâ—es for their fees and manours 16. The Courts of Parliament in case of appeales as from abuse have right and power to declare null void and to revoke the Popes Bulls and Excommunications and to forbid the execution of them when they are found contrary to sacred decrees the liberties of the French Church or the prerogative Royal. 17. Generall Councels are above the Pope and may depose him and put another in his place and take cognisance of appeals from the Pope 18. All Bishops have their power immediately from Christ not from the Pope and are equally successours of Saint Peter and the other Apostles and Vicars of Christ. 19. Provisions reservations expectative graces c. have no place in France 20. The Pope cannot exempt any Church Monastery or Ecclesiastical body from the Jurisdiction of their Ordinary nor erect Bishopricks into Archbishopricks nor unite them nor divide them without the Kings Licence 21. All those are not hereticks excommunicated or damned who differ in some things from the doctrine of the Pope who appeal from his decrees and hinder the execution of the ordinances of him or his Legates These are part of the liberties of the Gallicane Church The ancient British Church needed no such particular priviledges since they never knew any forreign Jurisdiction The English British Church which succeeded them in time in place and partly in their members and holy orders ought to have injoyed the same freedom and exemption But in the daies of the Saxon Danish and Norman Kings the Popes did by degrees insinuate themselves into the mesnagery of Ecclesiastical affaires in England Yet for many ages the English Church injoyed all these Gallicane priviledges without any remarkable interruption from the Roman Court. As in truth they do of right by the Law of nature belong to all Sovereign Princes in their own Dominions Otherwise Kingdomes should be destitute of necessary remedies for their own conservation And in later ages when the Popes having thrust in their heads did strive to draw in their whole bodies after the whole Kingdome opposed them and made Lawes against their several grosse intrusions as we have formerly seen in this discourse And never quitted these English as well as Gallicane liberties untill the Reformation But perhaps we may find more loyalty and obedience to the Court of Rome in the Catholick King Not at all Whatsoever power King Henry or any of his Successours did ever assume to themselves in England as the Political Heads of the Church the same and much more doth the Catholique King not onely pretend unto but exercise and put in practice in his Kingdome of Sicily both by himself by his Delegates whom he substitutes with the same authority to judge and punish all Ecclesiastical crimes to excommunicate and absolve all Ecclesiastical persons Lay-men Monks Clerks Abbats Bishops Archbishops yea and even the Cardinals themselves which inhabit in Sicily He suffers no appeals to Rome He admits no Nuncio's from Rome Atque demum respâ—ctâ— Ecclesiasticae Iurisdictionis neque ipsam Apostolicam sedem recognoscere hâ—bâ—re superiorem nisi in casu praevenâ—ionis And to conclude he acknowledgeth not any superiority of the Sâ—e of Rome it sâ—lf but onely in case of prevention What saith Baronius to this He complains bitterly that praetensa Apostolica authoritate contra Apostolicam ipsam sedem grande piaculum perpetratur c. Vpon pretence of Apostolique authority a grievous offence is committed against the Apostolick See the power whereof is weaknâ—d in the Kingdome of Sicily the authority thereof abrogated the Iurisdiction wronged the Ecclesiastical Lawes violated and the rights of the Church dissipated And a little after he declaimes yet higher Quid in ad ista dixeris lector What wilt thou say to this Reader but that under the name of Monarchy besides that one Monarch which all the faithful have ever acknâ—wledged as the onely visible Head in the Church Another head it risen up and brought into the Kingdome of Sicily for a Monster and a prodigy c. But for this liberty which he took the King of Spain fairly and quietly without taking any notice of his Cardinalitian dignity caused his books to be burned publickly It will be objected That the King of Spain challengeth this power in Sicily not by his Regal authority as a Sovereign Prince but by the Bull of Vrbanus the second who constituted Roger Earl of Sicily and his heires his Legates à latere in that Kingdome whereby all succeeding Princes do challenge to be Legati nati with power to substitute others and qualifie them with the same authority But first if the Papacy be by Divine right what power hath any particular Pope to transfer so great a part of his office and authority from his Successours for ever unto a Lay-man and his heires by way of inheritance If every Pope should do as much for another Kingdom as Vrbanus did for Sicily the Court of Rome would quickly want imployment Secondly if the Bull of Vrbanus the second was so available to the succeeding Kings of Sicily which yet is disputed whether it be authentick or not whether it be full or defective and mutilated why should not the Bull of Nicholas the second his predecessour granted to our Edward the Confessour and his Successours be as advantagious to the succeeding Kings of England why not much rather seeing that they are thereby constituted or declared not Legates but Governours of the English Church in the Popes place or rather in Christs place seeing that without all doubt Sicily was a part of the Popes ancient Patriarchate but Britaigne was not And lastly seeing the situation of Sicily so much nearer to Rome renders the Sicilians more capable of receiving Justice from thence then the English
Thirdly the King of Spain when he pleaseth and when he sees his own time doth not onely pretend unto but assume in his other Dominions that self-same power or essential right of Sovereignty which I plead for in this treatise It is not unknown to the world how indulgent a Father Vrban the eighth was sometimes to the King and Kingdom of France and how passionately he affected the interest of that Crown And by consequence that his eares were deaf to the requests and remonstrances of the King of Spain The Catholique King resents this partiality very highly and threatens the Pope if he persist to provide a remedy for the grievances of his Subjects by his own power Accordingly to make good his word he called a general Assembly of all the Estates of the Kingdome of Castile to consider of the exorbitancies of the Court of Rome in relation to his Majesties Subjects and to consult of the proper remedies thereof They did meet and draw up a memoriall consisting of ten Articles containing the chiefest abuses and innovations and extortions of the Court of Rome in the Kingdom of Castile His Majestie sends it to the Pope by Friar Domingo Pimentell as his Ambassadour The Pope returned a smart answer by Senior Maraldo his Secretary The King replied as sharply All which was afterwards printed by the special command of his Catholick Majesty The summe of their complaint was first concerning the Popes imposing of pensions upon dignities and other benefices Ecclesiastical even those which had cure of soules in favour of strangers in an excessive proportion to the third part of the full value That although benefices were decayed in many places of Spain two third parts of the true value Yet the Court of Rome kept up the Pensions at the full height That it was contrived so that the Pensions did begin long before the beneficiaries entred upon their profits insomuch as they were indebted sometimes two years pensions before they themselves could taste of the fruits of their benefices And then the charge of censures and other proceedings in the Court of Rome fell so heavy upon them that they could never recover themselves And further that whereas all trade is driven in current silver onely the Court of Rome which neither toiles nor sweats nor hazards any thing will be paid onely in Duckates of Gold not after the current rates but according to the old value That to seek for a remedy of these abuses at Rome was such an insupportable charge by reason of three instances and three sentences necessary to be obtained that it was in vain to attempt any such thing This they cried out upon as a most grievous yoak They complained likewise of the Popes granting of Coad jutorships with future succession whereby Ecclesiastical preferments were made hereditary persons of parts and worth were excluded from all hopes and a large gap was opened to most grosse Simony They complained of the Popes admitting of resignations with reservation of the greatest part of the profits of the benefice insomuch that he left not above an hundred Duckats yearly to the Incumbent out of a great benefice They complained most bitterly of the extortions of the Roman Court in the case of dispensations That whereas no dispensation ought to be granted without just cause now there was no cause at all inquired after in the Court of Rome but onely the price That a great price supplied the want of a good cause That the gate was shut to no man that brought money That their dispensations had no limits but the Popes will That for a matrimonial dispensation under the second degree they took of great persons 8000. or 12000. or 14000 Duckats They complained that the Pope being but the Churches Steward and dispenser did take upon him as Lord and Master to dispose of all the rights of all Ecclesiastical persons That he withheld from Bishops being the true owners the sole disposing of all Ecclesiastical preferments for eight monthes in the year That he ought not to provide for his own profit and the necessities of his Court with so great prejudice to the right of Ordinaries and Confusion of the Ecclesiastical order whilest he suffers not Bishops to enjoy their own Patronages and Jurisdictions They cite St. Bernard where he tells Pope Eugenius that the Roman Church whereof he was made Governour by God was the Mother of other Churches but not the Lady or Mistris And that he himself was not the Lord or Master of other Bishops but one of them They complained that the Pope did challenge and usurpe to himself as his own at their deaths all Clergymens estates that were gained or raised out of the revenue of the Church That a rich Clergyman could no sooner fall sick but the Popes Collectors were gaping about him for his goods And guards set presently about his house That by this means Bishops have been deserted upon their deathbeds And famished for want of meat to eat That they have not had before they were dead a Cup left to drink in nor so much as a Candlestick of all their goods It is their own expression That by this means Creditors were defrauded processes in Law were multiplied and great estates wasted to nothing They complained that the Popes did usurp as their own all the revenues of Bishopricks during their vacancies sometimes for divers years together all which time the Churches were unrepaired the poor unrelieved not so much as one almes given And the wealth of Spain exported into a forreign Land which was richer then it self They wish the Pope to take it as an argument of their respect to the See of Rome that they do not go about forthwith to reform these abuses by their own authâ—â—ity in imitation of other Provinces So it was not the unwarrantablenesse of the act in it self but meerly their respect that did withhold them They complained of the great inconveniences and abuses in the exercise of the Nuncio's office That it is reckoned as a curse in holy Scripture to be governed by persons of a different language That for ten Crowns a man might purchase any thing of them That the fees of their office were so great that they alone were a sufficient punishment for a grievous crime They added that self-interest was the root of all these evils That such abuses as these gave occasion to all the Reformations and Schismes of the Church They added That these things did much trouble the mind of his Catholique Majestie And ought to be seriously pondered by all Sovereign Princes qui intra Ecclesiam potestatis adeptae Culmina tenent ut per eandem potestatem disciplinam Ecclesiasticam muniant Behold our Political Supremacy They proceeded that often the heavenly Kingdome is advantaged by the earthly That Church-men acting against faith and right discipline may be reformed by the rigour of Princes Let the Princes of this world know say they that they
special Licence of the Senate Upon pain that the Lands so alienated should be sold and the money divided between the Common-Wealth the Magistrate executing the Law and the party prosecuting the processe Fourthly the Duke and the Senate had imprisoned an Abbat and a Canon for certain crimes whereof they stood convicted Paul the fifth resented these things very highly and commanded the Duke and Senate of Venice to abrogate these Lawes so prejudicial to the authority of the Pope to the rights of holy Church and to the priviledges of Ecclesiastical persons And to set their prisoners forthwith at liberty Or otherwise in case of disobedience he excommunicated the Duke and Senate and all their partakers And subjected the City of Venice and all the Dominions thereunto belonging to an interdict And moreover declared all the Lands and goods which either the City of Venice or any of the persons excommunicated did hold of the Church to be forfeited And lastly commanded all Ecclesiastical persons high and low upon their obedience to publish that Bull and to forbear to celebrate all divine offices according to the Interdict upon pains contained therein as also of suspension sequestration deprivation and incapacity to hold any Ecclesiastical preferments for the future But what did the Venetians whilest Paul the fifth thundered against them in this manner They maintained their Lawes they detained their prisoners They protested publickly before God and the world against the Popes Bull as unjust and void made withont reason against the Scriptures and the doctrine of the holy Fathers and the Canons of the Church to the high prejudice of the secular power with grievous and universal scandal They commanded all the Clergy within their Dominions to celebrate divine offices duly notwithstanding the Popes interdict And at the same time they published and licensed sundry other writings tending to the lessening of the Papal greatnesse and Jurisdiction of the Roman Court Sundry of which books were condemned by the Inquisition as containing in them many â—ings temerarious calumnious scandalous seditious schismaticall heretical and the reading and keeping of them was prohibited under pain of excommunication During this contestation the Duke of Venice died And the Pope prohibited the Venetians to proceed to the election of a new Duke The Senate notwithstanding the Popes Injunction or Inhibition proceed to the election The people are unanimous and resolute to defend their just liberties The Clergy celebrate divine Offices duly notwithstanding the Popes interdict Only one order with some few others adhered to the Pope and for their labour were banished out of the Venetian City and Territories The Pope called home his Legate from Venice The Venetians revoked their Ambassadours ordinary and extraordinary from Rome The Pope incited the King of Spain to make war against the Republick to reduce them to the obedience of the Church And the Venetians being aided by their Roman Catholick allies armed themselves for their own defence It is not unworthy of our observation what was the doctrine of the Venetian Preachers and Writers in those daies as it is summed up by an eye-witnesse and a great Actour in those affaires That God had constituted two Governments in the world the one spiritual the other temporal either of them Sovereign in their kind and independent the one upon the other That the care of the spiritual was committed to the Apostles and their Successours Not to Saint Peter as a single Apostle and his Successours alone either at Antioch or at Rome as if all the rest were but Delegates for term of life wherein they agreed justly with us that as each particular Bishop is the respective Head of his proper Church So Episcopacy or Saint Cyprian's unus Episcopatus the conjoynt body of Bishops is the Ecclesiastical head of the militant Church That the care of the temporal Government is committed to Sovereign Princes That these two cannot intrude the one into the office of the other That the Pope hath no power to aâ—null the Lawes of Princes in temporall things nor to deprive them of their Estates nor to free their Subjects from their allegiance That the attempt to depose Kings was but 520 years old contrary to Scriptures contrary to the examples of Christ and of the Saints That to teach that in case of controversie between the Pope and a Prince it is lawful to persecute him by treachery or force Or that his rebellious Subjects may purchase by it remission of sins is a seditious and sacrilegious doctrine That the exemption of Ecclesiastical persons and their goods from the secular power is not from the Law of God but from the piety of Princes sometimes more sometimes lesse according to the exigence of affairâ—s That Papal exemptions of the Clergy are in some places not received at all in other places but received in part And that they have no efficacy or validity further then they are received That notwithstanding any exemption Sovereigns have power over their persons and goods whensoever the necessity of the Common-wealth requires it That if any exemption whatsoever be abused to the disturbance of the publick tranquillity the Prince is obliged to proviâ—e remedy for it That the Pope ought not to hold himself infallible nor promise himself such divine assistance That the authority to bind and loose is to be understood clave non errante That when the Pope hath censured or excommunicated a Prince the Doctours may lawfully examine whether his key have erred or not And when the Prince is certified that the Censure against him or his Subjects is invalid he may and ought for the preservation of publick peace to hinder the execution thereof preserving his Relâ—gion and convenient reverence to the Church That the excommunication of a multitude or a Prince that commands much people is pernicious and sacrilegious That the new name of blind obedience lately invented was unknown to the ancient Church and to all good Theologians destroyes the essence of virtue which is to work by certain knowledge and election exposeth to danger of offending God excuseth not the errours of a spiritual Prince and was apt to raise sedition as the experience of the last fourty years had manifested What conclusion would have followed from these premisses if they had been thoroughly pursued it were no difficult matter to determine It may perhaps be objected That the Venetian State had these priviledges granted to them by the Popes and Court of Rome And it is thus far true That they had five Bulls Two of Sixtus the fourth one of Innocent the eighth one of Alexander the sixth and the last of Paul the third But it is as true that none of these Bulls concerned any of the matters in debate but only the punishment of delinquent Clergy-men It hath been an old subtlety of the Popes that when the Emperours or Councels had granted any Ecclesiastical priviledge or honour to any person or Society which it was not
the Roman Church to be a top-â—ranch unlesse it may be the root of Christian Religion or at least of all that Jurisdiction which Christ left as a Legacy to his Church In all which claime by the Church of Rome they understand not the essential Church nor yet the representative Church a Roman Synod but the virtual Church which is invested with Ecclesiastical power that is the Pope with his Cardinals and Ministers When any member how eminent soever scorns its proper place in the body whether Natural or Political or Ecclesiastical and seekes to usurpe the Office of the head it must of necessiâ—y produce a disorder and disturâ—ance and confusion and schisme of the respective members This is one degree of schismatâ—cal pravity But in the second place we presse the crime of schisme more home against the Court of Rome then against the Church of Rome It is the Court of Rome which partly by obtruding new Creeds and new Articles of faith And especially this doctrine That it is necessary for every Christian under pain of damnation to be subject to the Bishop of Rome as the vicar of Christ by divine Ordination upon earth that is in effect to be subject to themselves who are his Councel and Officers yea even those who by reason of their remotenesse never heard of the name of Rome without which it will profit them nothing to have holden the Catholick faith intirely And partly by their tyraninical and uncharitable censures have seperated all the Asiaâ—ick African Grecian Russian and Protestant Churches from their communion not onely negatively in the way of Christian discretion by withdrawing of themselves for fear of infection But privatively and authoritatively by way of Jurisdiction excluding them so much as in them lieth from the Communion of Christ Though those Churches so chased away by them contain three times more Christian souls then the Church of Rome it self with all its dependents and adherents many of which do suffer more pressures for the testimony of Christ then the Romanists do gain advantages and are ready to shed the last drop of their blood for the least known particle of saving truth Onely because they will not strike topsaile to the Popes crosse-keys nor buy indulgences and such like trinkets at Rome It is not passion but action that makes a schismatick to desert the communion of Christians voluntarily not to be thrust away from it unwillingly For divers years in the beginning of Queen Elizabeths reign there was no Recusant known in England But even they who were most addicted to Roman opinions yet frequented our Churches and publick assemblies and did joyn with us in the use of the same prayers and divine offices without any scruple untill they were prohibited by a Papal Bull meerly for the interest of the Roman Court This was the true beginning of the schisme between us and them I never yet heard any of that party charge our Leiturgy with any errour except of omission that it wanted something which they would have inserted I wish theirs as free from exception to trie whether we would shunne their communion in the publick service of God Charity would rather chuse to want something that was lawful then willingly to give occasion of offence But to lay the axe to the root of schisme in the third place the Papacy it self quâ— talis as it is now maintained by many with superiority above general Councels and a Sovereign power paramount to confirme or reject their sanctions is the cause either procreant or conservant or both of all or the most part of the schismes in Christendom To rebell against the Catholick Church and its representative a general Councel which is the last visible Judge of controversies and the supreme Ecclesiastical Court either is grosse schisme or there is no such thing as Schismatical pravity in the world I say the Bishops of Rome have exempted themselves and their Court from the Jurisdiction of an Oecumenical Councel and made themselves Sovereign Monarches and universal Bishops in totius Ecclesiae injuriam discissionem to the wrong of the Church and renting it in peeces making themselves to be not onely fathers but Masters of all Christians It is the Popes own expression in his letter to his Legate Contrary to their former professions of obedience to the Ecclesiastical constitutions of Sovereign Princes and Synods contrary to their own Lawes which allow appeales from them so often as they transgress the Canons and subject them to the judgment of the Church not onely in case of heresie which the most of themselves do acknowledge and Schisme and Simony which many of them do not deny But also of Scandal contrary to so many appellations from them by Christian Princes Prelates and Universities contrary to the judgement of almost all the Cisalpine Prelats Spanish French Dutch assembled at Trent contrary to the decrees of so many Councels both general and provincial which have limited their Jurisdiction set down the true reason of their greatnesse rescinded their sentences forbidden appeales to them condemned their pragmatical intrusion of themselves into the affairs of other Churches as being contrary to the decrees of the Fathers which have judged them and condemned them of heresie schisme Simony and other misdemeanours which have deposed them by two or three at â— time whereof one was undoubtedly the true Pope These things are so obvious in the history of the Church that it were vanity and lost labour to prove them But especially contrary to the Councel of Constance and Basile which have decreed expresly that the Pope is subject to a General Councel as well in matter of faith as of manners So as he may not onely be corrected but if he be incorrigible â—e deposed This is determined in the Councel of Constance and confirmed in the Councel of Basil with this addition that whosoever opposeth this truth pertinaciously is to be reputed an heretick This decree of the Councel wounds deep because it is so evident and clear in the point and because the decrees thereof were confirmed by Martine the fifth But the Romanists have found out a salve for it That Pope Martine confirmed onely those decrees which were conciliarly made that is with the influence and concurrence of the Pope As the condemnation of Wickliff and Hus But not those decrees which were not conciliarly made that is which wanted the influence of the Pope As the decree of the Superiority of the Councel above the Pope Which ought to be understood say they onely of dubious Popes For clearing of which doubt I propose several considerations First that it is not material whether the decree were confirmed by the Pope or not There are two sorts of confirmation Approbative and Anthoritative Approbative confirmation is by way of testimony or suffrage or reception And so an inferiour may confirm the acts of his Superiour As it is said that the Saints shall judge the world
that is by their doctrine by their example and by their approbative suffrage Iust arâ— thou O Lord and right are thy judgments Authoritative confirmation implies either a sole Legislative power or at least a negative voice Whereas it is as clear as the light that the Popes anciently never had either the one or the other in the Catholick Church We meet with no confirmations of General Councels of old but onely by the Emperours whereby Ecclesiastical Sanctions became civil Lawes and obliged all the Subjects of the Empire under a civil pain Wherefore it is no matter whether the Pope confirmed the decree or not whether it was confirmed or unconfirmed it lets us see what was the Catholique tradition and the sense of the Christian world in those daies And we abide in it Secondly I reply that this decree was most conciliarly made and consequently confirmed made after due examination and discussion without any under-hand packing or labouring for voices made in the publick Session not privately before the Deputies of the Nations For clearing whereof take this Dilemma Either this decree and the subsequent Acts done by vertue and in execution thereof were conciliarly made and confirmed and consequently valid in the judgment of the Romanists themselves or unconciliarly made and consequently according to their rules not confirmed but invalid If they grant that this decree was conciliarly made and confirmed then they grant the question If they say it was not conciliarly made nor confirmed then Martine the fifth was no true Pope but an intruder and an usurper and consequently his confirmation was of no value for in pursuance of this very decree and by virtue of that doctrine therein delivered the other Popes were deposed and he was created Pope But to clear that passage from all ambiguity There were in the Councel of Constance the Deputies of the Nations as a selected Committee to examine matters and prosecute them and prepare them for the Councel What was done apart by these Deputies by this Committee was not conciliarly done But what was done in the publick Session of the Councel upon their report that was conciliarly done Now so it was that one Falkemberch had published a dangerous and seditious book which had been complained of to the Deputies of the Nations and condemned by them But the conjoynt body of the Councel in their publick Session had not condemned it conciliarly Yet after the Councel was ended and after the Cardinal had given the Fathers their Conge or leave to depart and dismissed them with Domini ite in pace Fathers depart in peace And the Fathers had answered Amen When there was nothing left to do but to hear a Sermon and be gone The Ambassadours of Polonia and Lituania very unseasonably pressed the Pope to condemn that book alledging that it had been condemned by the Deputies of the Nations To which the Pope answered That he confirmed onely those Acts of the Councel which were conciliarly made That is to say Not the Acts of the Deputies of the Nations apart but the publick Acts of the whole Session This is the genuine sense of that passage which bears its own evidence along with it to every one that doth not wilfully shut his eyes This was an accidental emergent after the Synod was ended and not the solemn purposed confirmation And concerning that glosse that the decree is to be understood onely of dubious Popes or Popes whose title is litigious As it contradicts the text it self which includes all dignitaries whosoever of whatsoever title peaceable or litigious Popes or others So it is sufficiently confuted by the very execution of the decree An inferiour may declare the lawful right of his Superiour and where there are divers pretenders establish the possession in him that hath the best title But to make right to be no right to turn all pretenders right or wrong out of possession onely by the last Law of Salus Populi c. for the tranquillity of the people This is a prerogative of Sovereign Princes and a badge of Legislative authority This was the very case of the Councel of Constance They turned out all pretenders to the Papacy the right Pope and the Antipopes all together Some of them indeed by perswasion but such perswasion as might not be resisted And one whose title seemed clearest which rendered their perswasions as unto him ineffectual by plain power For so the Councel with the consent and concurrence of Christian Princes did find it expedient for Christendome Lastly though the Popes do not abolish the order of Bishops or Episcopacy in the abstract yet they limit the power of Bishopâ— in the concrete at their pleasure by exemptions and reservations holding themselves to be the Bishops of every particular See in the world during the vacancy of it And making all Episcopal Jurisdiction to flow from them and to be founded in the Popes Lawes Because it was but delegated to the rest of the Apostles for term of life But resided soly in Saint Peter as an Ordinary to descend from him to his Successours Bishops of Rome And to be imparted by them to other Bishops as their Vicars or Coadjutours assumed by them into some part of their charge By this account the Pope must be the universal or onely Bishop of the world The keyes must be his gift not Christs And all the Apostles except Saint Peter must want their Successours in Episcopal Jurisdiction What is this but to trample upon Episcopacy and to make them equivocal Bishops to dissolve the primitive bonds of brotherly unity to overthrow the discipline instituted by Christ and to take away the line of Apostolical Succession The name of Oecumenical or universal Bishop is taken in three senses one without controversie lawful one controverted whether lawfull or unlawfull And one undoubtedly unlawful and Schismatical In the first sense an universal Bishop signifies no more then an eminent Bishop of the universal Church implying an universality of care and vigilance but not of Jurisdiction And in this sense all the five Protopatriarchs used more Emphatically to be caled universal Bishops Either by reason of their reputation and influence upon the universal Church or their presidence in general Councels In another sense an universal Bishop signifies such a Bishop who besides an universal care doth also challenge an universal Jurisdiction This was that title which Iohn Bishop of Constantinople affected omnibus praeesse nulli subesse And again Cuncta Christi membra sibimet supponere universalitatis appellatione This was that title which Grâ—gory the Great and his predecessours refused if they did refuse any such title For it were evident madnesse to fancy that ever any General Councel did offer any particular Bishop the title of the only Bishop of the world This title in this sense was that which Gregory himself did condemn as a vain profane wicked blasphemous Antichristiaâ— name Lastly the name of Universal Bishop may be taken exclusively for the only
communion of any particular Church whatsoever even the Roman it self so far forth as it is Catholick but onely from their errours wherein they had first separated themselves from their predecessours To this I adde that it was not we but the Court of Rome it self that first separated England from the communion of the Church of Rome by their unjust censures excommunications and interdictions which they thundered out against the Realm for denying their spiritual Sovereignty by Divine right before the Reformation made by Protestants Secondly we are charged with Schismatical contumacy and disobedience to the decrees and determinations of the General Councel of Trent But we believe that Convent of Trent to have been no General nor yet Patriarchal no free no lawfull Councel How was that General where there was not any one Bishop out of all the other Patriarchates or any Proctours or Commissioners from them either present or summoned to be present except peradventure some tltular Europaean Mock-Prelates without cures such as Olaus Magnus intituled Archbishop of Vpsala Or Sir Robert the Scottish-man intituled Archbishop of Armagh How was that Generall or so much as Patriarchal where so great a part of the West was absent wherein there were twice so many Episcopelles out of Italy the Popes professed Vassals and many of them his hungry Parasitical pensioners as there were out of all other Christian Kingdoms and Nations put together How was that general wherein there were not so many Bishops present at the determination of the weightiest controversies concerning the rule of faith and the exposition thereof as the King of England could have called together in his own Dominions at any one time upon a moneths warning How was that general which was not generally received by all Churches even some of the Roman Communion not admitting it We have seen heretofore how the French Ambassadour in the name of the King and Church of France protested against it And untill this day though they do not oppose it but acquiesce to avoid such disadvantages as must insue thereupon yet they did never admit it Let no man say that they rejected the determinations thereof onely in point of discipline not of doctrine for the same Canonical obedience is equally due to an acknowledged General Councell in point of discipline as in point of Doctrine And as it was not General so neither was it free nor lawfull Not free where the place could afford no security to the one party where the accuser was to be the Judge where any one that spake a free word had his mouth stopped or was turned out of the Councel where the few Protestants that adventured to come thither were not admitted to dispute where the Legates gave auricular Votes where the Fathers were noted to be guided by the spirit sent from Rome in a male where divers not only new Bishops but new Bishopricks were created during the sitting of the Convent to make the Papalins able to over-vote the Tramontains Nor yet lawfull in regard of the place which ought to have been in Germany Actor debet rei forum sequi A guilty person is to be judged in his Province And the cause to be pleaded where the crime was committed And likewise in regard of the Judge In every Judgment there ought to be four distinct persons The accuser the witnesse the guilty person and the Judge But in the Councel of Trent the Pope by himself or his Ministers acted all these parts himself He was the right guilty person and yet withall the accuser of the Protestants the witnesse against them and their Judge Lastly no man can be lawfully condemned before he be heard But in this Councel the Protestants were not allowed to propose their case much lesse to defend it by lawful disputation Thirdly it is objected and here they think they have us sure locked up that we cannot deny but that the Bishop of Rome was our Patriarch and that we have rebelled against him and cast off our Canonical obedience in our Reformation To this supposed killing argument I give three clear solutions First That the Bâ—itish Islands neither were nor ought to be subject to the Jurisdiction of the Roman Patriarch as hath been sufficiently demonstrated in my third conclusion For all Patriarchal Jurisdiction being of humane institution must proceed either from some Canon or Decree of a General Councel or of such a Provincial Councell as had power to oblige the Britons to obedience Or from the grant or concession of some of their Sovereign Princes or from the voluntary submission of a free people Or lastly from custom and prescription If they had any such Canon or Grant or submission they would quickly produce it but we know they cannot If they plead custome and prescription immemorial the burthen must rest upon them to prove it But when they have searched all the Authours over and over who have written of British affaires in those daies and all their Records and Registers they shall not be able to find any one Act or so much as any one footstep or the least sign of any Roman Patriarchal Jurisdiction in Britaigne or over the Britons for the first 600 years And for after-ages the Roman Bishops neither held their old Patriarchate nor gained any quiet settled possession of their new Monarchy Secondly I answer That Patriarchal power is not of Divine right but humane institution And therefore may either be quitted or forfeited or transferred And if ever the Bishops of Rome had any Patriarchal Jurisdiction in Britaigne yet they had both quitted it and forfeited it over and over again and it was lawfully transferred To separate from an Ecclesiastical authority which is disclaimed and disavowed by the pretenders to it and forfeited by abuse and rebellion and lawfully transferred is no Schisme First I say they quitted their pretended Patriarchal right when they assumed and usurped to themselves the name and thing of universal Bishops Spiritual Sovereigns and sole Monarchs of the Church and masters of all Christians To be a Patriarch and to be an universal Bishop in that sense are inconsistent and imply a contradiction in adjecto The one professeth humane the other challengeth divine institution The one hath a limited Jurisdiction over a certain Province the other pretendeth to an unlimited Jurisdiction over the whole World The one is subject to the Canons of the Fathers and a meer executour of them and can do nothing either against them or besides them The other challengeth an absolute Sovereignty above the Canons besides the Canons against the Canons to make them to abrogate them to suspend their influence by a non-obstaâ—te to dispence with them in such cases wherein the Canon gives no dispensative power at his own pleasure when he will where he will to whom he will Therefore to claime a power paramount and Sovereign Monarchical Royalty over the Church is implicitely and in effect to disclaime a Patriarchal
Aristocratical dignity So Non tellus cymbam tellurem cymba reliquit It was not we that deserted our pretended Patriarch but our pretended Patriarch deserted his Patriarchal office So long as the Popes contented themselves with Patriarchal rights they soared no higher then to be the executours of the Canons When Acacius complained that he was condemned by the sole authority of the Roman Bishop without a Synodal sentence Gelssius the Pope then pleaded for himself that Acacius was not the beginner of a new errour but the follower of an old And therefore it was not necessary that a new Synodal sentence should be given against him but that the old should be executed Therefore saith he I have onely put an old sentence in execution not promulged a nâ—w And as they had quitted their title so likewise they had forfeited it both by their Rebellion and by their exorbitant abuses First by their notorious rebellion against General Councels The authority of an inferiour ceaseth when he renounceth his loyalty to his superiour from whom he derives his power A General Councel is the Supreme Ecclesiastical power to which Patriarchal power was alwayes subordinate and subject General Councels with the consent of Sovereign Princes have exempted Cities and Provinces from Patriarchal Jurisdiction with the consent of Sovereign Princes they have erected new Patriarchates as at Hierusalem and Constantinople And made the Patriarch of Constantinople equal in all priviledges to the Patriarch of old Rome Against this Supreme Ecclesiastical power the Popes have not onely rebelled themselves but have compelled all Bishops under their Jurisdiction to take an oath to maintain their rebellious usurpations When a President of a Province shall rebell against his Sovereign Prince and seek to usurpe the whole Empire to himself and impose new oathes of allegiancc upon his fellow-subjects it is not Treason but Loyalty in them to thrust him by the head and shoulders out of the gates of their City When a Steward not imposed upon the family by the Master but chosen in trust by his fellow-servants during their Masters absence shall so far violate his trust that he will by force make himself the Master of the family and usuâ—pe a dominion not onely over his fellowes but over his Masters Wife and Children and oblige his fellow servants to acknowledge an independent Sovereign power in him it is not want of duty but fidelity to substract their obedience from him This is our case with the Roman Bishops They have sought to usurpe a dominion over the Catholick Church the spouse of Christ and all their fellow-servants Then ought not all good Christians to adhere to the Catholick Church and desert a schismatical Patriarch They have rebelled against the representative Church a general Councel should we involve our selves in their rebellion and perjury by swearing to maintain and make good their usurpations I confesse inferiours are not competent Judges of their Superiours But in this case of a subordinate Superiour and in a matter of Heresie or Schisme already defined by the Church the sentence of the Judge is not necessary the sentence of the Law and the notoreity of the fact are sufficient It is not we that judge him but the Councels of Constance and Basile Neither could our Ancestours hope to have a General Councel suddenly whilest so great a part of Christendom was under the Turk nor a free Occidental Councel whilest the usurper had all Ecclesiasticall power in his hands What remained then but to reform themselves According to the sage advice of Gerson I see that the Reformation of the Church will never be effected by a Councel without the presidence of a well affected wise and constant guide Let the Members therefore provide for themselves thâ—oughout the Kingdomes and Provinces when they shall be able and know hâ—w to compasse this work Moreover as they have forfeited their power by their Rebellion so they have most justly also by their rapine extortions and terrible and exorbitant abuses the most shamefull abuses that ever were committed by persons trusted To passe by the hundred grievances of Germany the complaints and protestations and pragmatical Sanctions of France the memorials of Castile the sobbes of Portugal and to confine my discourse to the sufferings of our own Nation which have been more particularly related already in this Treatise when I set down the grounds of our Reformation They robbed the King of his investitures of Bishops which Henry the first protested to the Pope himself by his Proctour that he would not lose for his Kingdome and added threatenings to his protestations Yet to gratifie Anselme who though otherwise most deserving was the first violater of the ancient customes of our Kingdome in that kind he waved his right But soon after resumed it made Rodolph Bishop of London Archbishop of Canterbury and invested him by a crosier and a ring The like he did to many others They robbed the King of his patronages by their collations and provisions and expectative graces Two or three or ten benefices were not accounted sufficient for a Roman Courtier in those daies but an hundred or two hundred or more They robbed him of the last appeales of his Subjects contrary to the ancient Lawes of England They fomented the rebellion of his own Subjects at home sometimes of his Barons sometimes of his Bishops playing fast and loose on both sides for advantage They dis-inherited him of his Crown They gave away his Kingdome for a prey to a forreign Prince They incited strangers to make war against him And they themselves by meer collusion and tricks had well near thrust him out of his Throne They robbed the Clergy in a manner of their whole Jurisdiction by their exemptions and reservations and visitations and suspensions and appeales and Legantine Courts and Nunciatures thrusting their sickles into every mans harvest They robbed them of their estates and livelihoods by their provisions and pensions by their coadjutorships and first-fruits and tenths by the vast charge of their investitures and palles and I know not how many other sorts of exactions and arbitrary impositions The most ancient of these was the pall whereof our King Canutus complained long since at Rome and had remedy promised They robbed the Nobility and Commonalty many waies as hath been formerly related If all these were not a sufficient cause of forfeiture certainly abuse did never forfeit office And though they had sometimes had a just Patriarchal power and had neither forfeited it by rebellion nor abuse Yet the King and the whole body of the Kingdome by their Legislative power substracting their obedience from them and erecting a new Patriarchate within their own Dominions it is a sufficient warrant for all English-men to suspend their obedience to the one and apply themselves to the other for the welfare and tranquillity of the whole body politick as hath before been declared Thirdly
I answer that obedience to a just Patriarch is of no larger extent then the Canons of the Fathers do injoyn it And since the division of Britaigne from the Empire no Canons are or ever were of force with us further then they were received and by their incorporation became Britannique Lawes Which as they cannot noâ— ever could be imposed upon the King and Kingdome by a forreign Patriarch by constraint so when they are found by experience prejudiciall to the publick good they may as freely by the same King and Kingdome be rejected But I shall wind up this string a little higher Suppose that the whole body of the Canon Law were in force in England which it never was yet neither the Papall power which we have cashiered nor any part of it was ever given to any Patriarch by the ancient Canons and by consequence the separation is not Schismatical nor any withdrawing of Canonical obedience What power a Metropolitan had over the Bishops of his own Province by the Canon Law the same and no other had a Patriarch over the Metropolitans and Bishops of sundry Provinces within his own Patriarchate But a Metropolitan anciently could do nothing out of his own Diocesse without the concurrence of the Major part of the Bishops of his Province Nor the Patriarch in like manner without the advice and consent of his Metropolitans and Bishops Wherein then consisted Patriarchal authority In ordaining their Metropolitans for with inferiour Bishops they might not meddle or confirming them or imposing of hands in giving the Pall in convocating Patriarchal Synods and presiding in them in pronouncing sentence according to the plurality of voices That was when Metropolitical Synods did not suffice to determine some emergent difficulties or differences And lastly in some few honorary priviledges as the acclamation of the Bishops to them at the latter end of a General Councel and the like which signifie not much In all this there is nothing that we dislike or would seek to have abrogated Never any Patriarch was guilty of those exactions extortions incroachments upon the civil rights of Princes and their Subjects or upon the Ecclesiastical rights of Bishops or of those provisions and pensions and exemptions and reservations and dispensations and inhibitions and pardons and indulgences and usurped Sovereignty which our Reformers banished out of England And therefore their separation was not any waies from Patriarchal authority I confesse that by reason of the great difficulty and charge of convocating so many Bishops and keeping them so long together untill all causes were heard and determined And by reason of those inconveniencies which did fall upon their Churches in their absence Provincial Councels were first reduced from twice to once in the year and afterwards to once in three years And in processe of time the hearing of appeales and such like causes and the execution of the Canons in that behalf were referred to Metropolitans untill the Papacy swallowed up all the authority of Patriarchs and Metropolitans and Bishops Serpens serpentem nisi ederet non fieret draco Peradventure it may be urged in the fourth place That Gregory the Great who by his Ministers was the first converter of the English Nation about the six hundreth year of our Lord did thereby acquire to himself and his Successours a Patriarchal authority and power over England for the future We do with all due thankfulnesse to God and honourable respect to his memory acknowledge that that blessed Saint was the chief instrument under God to hold forth the first light of saving truth to the English Nation who did formerly sit in darknesse and in the shadow of death whereby he did more truly merit the name of Great then by possessing the chair of Saint Peter And therefore whilest the sometimes flourishing now poor persecuted Church of England shall have any being Semper honos nomenque suum laudesque manâ—bunt But whether this benefit did intitle Saint Gregory and his Successours to the Patriarchate of all or any part of the British Islands deserves a further consideration First consider that at that time and untill this day half of Britaigne it self and two third parts of the Britannique Islands did remain in the possession of the Britons or Scottish and Irish who still continued Christians and had their Bishops and Protarchs or Patriarchs of their own from whom we do derive in part our Christianity and holy orders and priviledges Without all controversie the conversion of the Saxons by Saint Gregory could not prejudice the just liberties of them or their Successours Secondly consider that the half of Britaigne which was conquered and possessed by the Saxons was not soly and altogether peopled by Saxons A world of British Christians did remain and inhabit among the Conquerours For we do not find either that the Saxons did go about to extirpate the British Nation or compell them to turn Renegadoes from their Religion or so much as demolish their Churches But contented themselves to chase away persons of eminency and parts and power whom they had reason to suspect and fear And made use of vulgar persons and spirits for their own advantage This is certain that Britaigne being an Island whither there is no accesse by land all those who were transported or could have been transported by Sea on such a suddain could not of themselves alone in probability of reason have planted or peopled the sixth part of so much land as was really possessed by the Saxons And therefore we need not wonder if Queen Bertha a Gallâ—ise and a Christian did find a Congregation of Christians at Canterbury to joyn with her in her Religion and a Church called Saint Martins builded to her hand And stood in need of Lethargus a Bishop to order the affaires of Christian Religion before ever Saint Austine set foot upon English ground Neither did the British want their Churches in other places also as appears by that Commission which the King did give to Austine among other things to repair the Churches that were decayed These poor subdued persons had as much right to their ancient priviledges as the rest of the unconquered Britons Thirdly consider That all that part of Britaigne which was both conquered and inhabited by the Saxons was not one intire Monarchy but divided into seven distinct Kingdoms which were not so suddenly converted to the Christian faith all at once but in long tract of time long after Saint Gregory slept with his fathers upon several occasions by several persons It was Kent and some few adjacent Counties that was converted by Austine It is true that Ethelbâ—rt King of Kent after his own conversion did indeavour to have planted the Christian faith both in the Kingdomes of Northumberland and the East Angles with fair hopes of good successe for a season But alas it wanted root Within a short time both Kings and Kingdoms apostated from Christ and forsook their Religion The Kingdoms of the West Saxons
and of the South Saxons under Kingils their King who did unite the heptarchy into a Monarchy were converted by the preaching of Berinus an Italian by the perswasions of Oswald King of Northumberland Oswâ—ld King of Northumberland was baptized in Scotland and Religion luckily planted in that Kingdome by Aidan a Scottish Bishop Penda King of Mercia was converted and christened by Finanus Successour of Aidan by the means of a marriage with a Christian Princesse of the Royal Family of Northumberland Sigibert King of the East Angles in whose daies and by whose means Religion took root among the East Saxons was converted and christned in France All these Saxons which were converted by Britons or Scots may as justly plead for their old immunities as the Britons themselves We acknowledge Saint Gregory to have been the first that did break the ice And yet we see how small a proportion of the inhabitants of the British Islands do owe their conversion to Rome in probability not a tenth part Fourthly consider that the conversion of a Nation to the Christian faith is a good ground in equity all other circumstances concurring why they should rather submit themselves or a General Councel assign them to that See that converted them then to any other Patriarchate As was justly pleaded in the case between the Bishops of Rome and Constantinople about the right of Jurisdiction over the Bulgarians But the conversion of a Nation is no ground at all to invest their converter presently with Patriarchal authority over them or any Ecclesiastical superiority especially where too great a distance of place doth render such Jurisdiction uselesse and burthensome And most especially where it cannot be done without prejudice to a former owner thrust out of his just right meerly by the power of the sword as the British Primates were Or to the subjecting of a free Nation to a forreign Prelate without or beyond their own consent In probability of reason the Britons ought their first conversion to the Eastern Church as appeareth by their accord with them in baptismal rites and the observation of Easter Yet never were subject to any Eastern Patriarch Sundry of our British and English Bishops have converted forreign Nations yet never pretended to any Jurisdiction over them Fifthly and lastly consider That whatsoever title or right S. Gregory did acquire or might have acquired by his piety and deserts towards the English Nation it was personal and could not descend from him to such Successours who both forfeited it many waies and quickly within four or five years after his death quitted their Patriarchate and set an higher title to a spirituall Monarchy on foot whilest the most part of England remained yet Pagan when Pope Boniface did obtain of Phoeas the usurper an usurping Pope from an usurping Emperour to be universal Bishop Their Canon-shot is past that which remains is but a small volly of Muskets They adde that we have schismatically separated our selves from the Communion of our Ancestours whom we believe to be damned That we have separated our selves from our Ecclesiastical predecessours by breaking in sunder the line of Apostolical succession whilest our Presbyters did take upon them to Ordain Bishops and to propagate to their Successours more then they received from their predecessours That our Presbyters are but equivocall Presbyters wanting both the right matter and form of Presbyterial ordination To extinguish the order is more schismatical then to decline their authority And lastly that we derive our Episcopal Jurisdiction from the Crown First for our natural Fathers the answer is easie We do not condemn them nor separate our selves from them Charity requires us both to think well and speak well of them But prudence commands us likewise to look well to our selves We believe our fathers might partake of some errours of the Roman Church we do not believe that they were guilty of any heretical pravity but held alwaies the truth implicitely in the preparation of their minds and were alwaies ready to receive it when God should be pleased to reveal it Upon these grounds we are so far from damning them that we are confident they were saved by a generall repentance He that searcheth carefully into his own heart to find out his errours and repenteth truly of all his known sins and beggeth pardon for his unknown errours proceeding out of invincible or but probable ignorance in Gods acceptation repenteth of all Otherwise the very best of Christians were in a miserable condition For who can tell how oft he offendeth The second accusation of Priests consecrating Bishops is grounded upon a senselesse fabulous fiction made by a man of a leaden heart and a brazen forehead of I know not what assembly of some of our Reformers at the sign of the Nags-head in Cheapside or rather devised by their malicious enemies at the sign of the Whetstone in Popes-head-Alley Against which lying groundlesse drowsie dream we produce in the very point the authentick records of our Church of things not acted in a corner but publickly and solemnly recorded by publick Notaries preserved in publick Registers whither every one that desired to see them might have accesse And published to the world in Print whilest there were thousands of eye-witnesses living that could have contradicted them if they had been feigned There is no more certainty of the Coronation of Henry the eighth or Edward the sixth then there is of that Ordination which alone they have been pleased to question done not by one as Austine consecrated the first Saxon Prelates but by five consecrated Bishops Let them name the person or persons And if they were Bishops of the Church of England we will shew them the day the place the persons when and where and by whom and before what publick Notaries or sworn Officers they were ordained And this not by uncertain rumours but by the Acts and instruments themselves Let the Reader chuse whether he will give credit to a sworn Officer or a professed adversary to eye-witnesses or to malicious reporters upon hearsay to that which is done publickly in the face of the Church or to that which is said to be done privately in the corner of a Tavern These authentick evidences being upon occasion produced out of our Ecclesiasticall Courts and deliberately perused and viewed by Father Oldcorn the Jesuit he both professed himself clearly convinced of that whereof he had so long doubted that was the legitimate succession of Bishops and Priests in our Church and wished heartily towards the reparation of the breach of Christendome that all the world were so abundantly satisfied as he himself was Blaming us as partly guilty of the grosse mistake of many for not having publickly and timely made known to the world the notorious falshood of that empty but far spread aspersion against our succession As for our parts we believe Episcopacy to be at least in Apostolical institution approved by Christ himself in
the Revelation ordained in the infancy of Christianity as a remedy against Schisme And we blesse God that we have a clear succession of it Our matter and form in the Ordination of Presbyters is imposition of hands And these words Receive the Holy Ghost whose sins thou doest forgive they are forgiven And whose sins thou doest retain they are retained Be thou a faithful dispenser of the Word and Sacraments The form most agreeable to the Gospel practised throughout the Occidentall Church for a thousand yeares approved by the Fathers and by the most found and learned Roman Catholicks themselves The form of Ordination in the Greek Church is no more but this Imposition of hands and these words The Divine Grace which alwaies cureth that which is infirm doth create or promote A. B. a venerable sub-Deacon to be a Deacon or a venerable Deacon to be a Priest or a Priest beloved of God to be a Bishop And yet no man ever doubted of the validity of their Ordination but they did alwaies and do at this day execute their functions in the Roman Church And discharge all duties belonging to their respective orders as freely as in the Greek Church it self We have the same matter that they have we have the form more fully then they have the Romanists themselves being Judges Then what madnesse is it to allow of their Ordination and dispute of ours and upon a pretended defect in matter or form to drive men to be re-ordained Is not this to have the faith of our Lord Iesus Christ in respect of persons These grounds are over-weighty to be counterbalanced by the tradition of the patine and of the chalice An upstart custom or innovation confirmed but the other day by the decree of Eugenius the 4th A time too late in conscience for introducing either a double matter and form or a new matter and form of that which is acknowledged by them and not denied by us in a larger sense to be a Sacrament All we say is this That it is not a Sacrament generally necessary to salvation as Baptisme and the holy Eucharist are Neither do we draw or derive any spiritual Jurisdiction from the Crown But either liberty and power to exercise actually and lawfully upon the Subjects of the Crown that habitual Jurisdiction which we received at our Ordination Or the inlargement and dilatation of our Jurisdiction objectively by the Princes referring more causes to the cognisance of the Church then formerly it had Or lastly the increase of it subjectively by their giving to Ecclesiastical Judges an external coercive power which formerly they had not To go yet one step higher In cases that are indeed spiritual or meerly Ecclesiastical such as concern the doctrine of faith or administration of the Sacraments or the ordaining or degrading of Ecclesiastical persons Sovereign Princes have and have only an Architectonical power to see that Clergy-men do their duties in their proper places But this power is alwaies most properly exercised by the advice and Ministery of Ecclesiastical persons And sometimes necessarily as in the degradation of one in holy Orders by Ecclesiastical Delegates Therefore our Law provides that nothing shall be judged heresie with us denovo but by the high Court of Parliament wherein our Bishops did alwaies bear a part with the assent that is more then advice of the Clergy in their Convocation In summe we hold our benefices from the King but our offices from Christ. The King doth nominate us but Bishops do ordain us I touch these things more briefly now because I have handled them more at large in a full answer to all the objections brought by S. N. Doctour of Theology in the twentieth Chapter of the guide of faith or the third part of his Antidote against our holy Orders our Jurisdiction and power to expound Scripture Which if God send opportunity may if it be thought convenient perhaps one day see the light The confounding of those two distinct acts intimated by me in this paragraph that is nomination or election with ordination or consecration hath begotten many mistakes in the world on several sides Among which the respect I owe to the British Churches will not permit me to passe by one untouched I have read related but confusedly out of venerable Bede sundry Histories by very learned authours of Aidan a Scottish Bishop sent to Oswald King of Northumberland for the conversion of his people from the Island of Hy wherein was one of the principal Monasteries of the Nâ—rthern or Ulster Scots c. Sicque eum ordinantes ad praedicandum miserunt So the Colledge ordaining him Bishop sent him to preach As likewise of Columbanus his coming into Britaigne where he had assigned unto him the Island Hy or Iona for the building of a Monastery Habere autem solet ipsa insula rectorem semper Abbatem Presbyterum cujus juri omnis Provincia ipsi etiam Episcopi ordine inusitato debeant esse subjecti That Island used to have a Governour an Abbat a Presbyter to whose jurisdiction both the whole Provincee and the Bishops themselves by an unusual order ought to be subject These testimonies they account so clear as to be able to inlighten the dullest eye And hence they conclude not onely that Presbyters may ordain Bishops and be their spiritual Governours but that it was communis quodammodâ— Anglorum omnium regula a common rule of all the English in a manner that Bishops being Monks should be subject to their Abbats I honour Bede as the light of his age who justly gained to himself the name of Venerable throughout the Occidental Church And I doubt not but he writ what he heard But certainly he could not have such clear distinct knowledge of particular circumstances as they who have been upon the place and seen the records thereof First there is a great mistake in the person Columba and Columbanus lived both in the same age but Columbanus was much the younger who propagated Christian Religion much but it was in other parts of the world It was not Columbanus but Colâ—mba that converted the British Scots and founded both the Bishoprick of Derry by another name and the Abby of Derry And likewise the Bishoprick of the Isles in Scotland and the Abby of Iona he whom the Irish call to this day Columkill quia multarum cellarum Pater as his own Scholar gives the reason in the description of his life because he was the Father or founder of many Churches or Celles Secondly they confound the places the Abby of Derry or Derrimagh quod lingua Scotorum significat campum roborum saith Bede which in Irish that was the ancient Scottish signifies a field or plain of Oakes which was indeed situated in the territories of the Northern Vlster Scots with the Abby of Iona situated in Britaigne Thirdly they confound the actions mission which is no more then nomination or election with Ordination
by King Iames in his triplici modo triplex cunâ—us print an 1609. p. 125. and Ireland Councel book of Ireland 32 33 34. of Henry 8th The pretended Crimes of Hen. 8. no blemish to the Reformation Holins in Hen. 8. p. 923. Hall 22. H. 8. p. 199. Our Lawes are not cruel against Roman Catholicks Apol. P. 153 In Artic. 37. p. 419 420 c. Though the first separaters were Schismaticks we are free Aug. Epist. 162. Psal. 19. 12. Protestants no authors of the separation from the Church of Rome Mr. Knot Inf. num p. 534. Bulla Pauli 3. apud Sander de Schism l. 1. p. 109. Eminent persons have great influence without any Iurisdictions The dignity of the Apostolical Churchâ—s â—â—de praeser advers haeres L. 4. Epis. 8. Novel 131. c. 3. et 4. It is no marvel that the Pope winded himself into England by degrees Mat. Paâ— an 1246. No Saxon English or Brittish King ever made any obliging submission to the Pope Bedâ—l 1. c. 25. Bed l. 1. ch 26. The Popes pâ—wer in England was of courtesy Wilfride the first great Appâ—llant Spâ—lm conc an 705. De elâ—ct polest c. 4. significasti c. Bar. An. 1102. nu 8. 〈◊〉 1. de Gest. Paul Angloâ— Hoved. in Hen. 2. Malm. ibid. Math. Par. an 1164. Rog. Hoved. in Hen. 2. Legations as rare as appeals Spelm. conc an 78. Saxon Kings made Ecclesiastical Laws Chap. 15. Chap. 5. Spelm. conc An. 1066. An old Artifice of the Roman Bishops Norman Kings injoyed the same power Cap. quon de Appâ—â—pr 15. R. 2. c. 64 H. 4. c. 12. 2. H. 4. c. 3 2. H 4. c. 4. 9. H. 6. c. 11. Coâ—k Râ—port Cawdries case Canon law of no more force in England then as it was received 20. H. 3. c. 9. 4. E. 1. c. 5. Bigamy 2. R. 2. c. 6. Aedmer in initio Placit an 1. H. 7. Pl. an 1. H 7. Pl. an 32. et 34. E. 1. Ant. Brit. 279. The statute of Mortmain justified Exod. 36. 6. 〈…〉 Nicet l. 7. Consid. p. 49 Oratio ad Paul 5. pro Rep. Veneta Mat. Paâ— an 1164. 35. E. 1. Statute of Carlile Malm. de Gest. Pont. Aug. p. 257. Id. l. 2. p. 45. p. 242. Id. l. 1. p. 204. Articuli cleri 25. E. 3. 25. E. 3. 16. R. 2. C. 5. 27. E. 3. c. 1. Act. and. mon. Pontif. veâ—us Pontif. novum Ex Regist. Craâ—m P. 4. Hall in Henrico 8. fol. 206. Occh. pâ—rt 2. c. 22. de fâ—ill reâ—udic The Soveraignty of our Kings in Ecclesiastical causes over Ecclesiastical persons Antiqu. Brit. p. 325. King Henry 8. did no more then his predecessours The judgment of our English Lawyers Fitzherb Natu. brev 44. Lord Cook Cawdries â—ase The true differ Part 2. Cyp. de unit Ecclesiae Conc. Eph. in Epist. Synod ad Nâ—stor Ambr. et alij Bell de Pont. l. 4. â— C. 22. The supremacy in the whole Colledge of the Apostlâ—s Act. 1. Act. 6. â—ct 8. st 1â— Act. 11. Act. 11. Act 15. The other Apostles had Successors as well as S. Peter Why the Bishop of Rome S. Peters succâ—ssour rather then of Antioch Plat. in vita Sti. Peâ—ri The highest constitution of the Apostles exceeded not natâ—onal Primats Can. Apost 33. How some Primates came to be more respected in the Church then others Either by custom Con. Nic. Or from the Grandeur of the City Conc Chal. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Or by decrees of Councels Or by Edicts of Princes Many Prâ—mats subject to none of the five great Patriarchs Ruff. hist. Eccl. l. 1. c. 6. The case between the Patriarch of Antioch and Cyprian Bishops Conc. Ephes. part 1. Act. 7. Greg. L. 1. Ep. 24. The case of the Cyprian Bishops applyed The proof in this cause ought to rest upon our adversaries The Brittannique Church ancienter then the Roman Gild. de eâ—id et conqâ— Brit. Plat in vita Sancti Petri. Bar. an 44. The Brittannique Churches sided with the Eastern against the Roman British Bishops ordained at home Reg. Land apud Vsh. dâ—prim Eccl. Brit. p. 56. Plat. The answer of Dionothus Spelm. Conc. An. 601. Confirme by two British Synods Spel. eon an 601. Galt mon. l. 2. c. 12. Beda omnes alii Resp. Greg. ad 8. quest Bed l. 2. c. 2. Ant. Brit p. 48. Malm. prol ad lib. de gest pont Aug. Glos. juris C. Cleros dist 21. Soveraign Princes have power to alter whatsoever is of humane institution in Ecclesiastical discipline Append. de Schism Art 4. p. 526. Suar. l. 3. de prim summi Pontificis cap. 1. num 4. Morl. in Emp. jur p. 1. tit 2. Citati à Sanc. claâ— in Art 37. Append. de Schism p. 527. P. 528. Protestants in their reformation have altered no Articles of Religion nor sacred rites nor violated Charity p. 533. p. 528. p. 530. Augustine Nor swerved from the Law of nature or positive Lawes of God Ex Archivis Turris Londinensis citat author Antiquit. Acad. Cantab In cases doubtful we may not disobey the King and the Lawes Exod. 1. 17. 1 Sam. 22. 17. August Unjust commands may be justly obeyed Prâ—nces are obliged to protect their subjects from the â—yranny of Ecclesiastical Judges Paâ—s lait c. Citati a Sancta Clara in Art 37. p. 420. 421. Sancta Clara p. 146. 417. Kings may exercise exernal acts of Ecclesiastical jurisdiction by fit delegates The Emperours of old did the same Novel 83. Lib. 5. ca. pit Popes convented imprisâ—ned deposed by Emperouâ—s Platin. in Grâ—g 6. Plat. in Bon. 1. Plat. in Sym. P. 425. An. 1110 The Councel of Towers allowes to withdraw obedience from the Pope in certain cases Conc. Turon Râ—sp ad Art 3. Resp. ad Art 4. Resp. ad Art 8. In tract de potest Papae et Imperat Princes may reform new Canâ—ns by old Part. 2. Act. 6. C. 7. de resol fid l. 1. C. 8. P. 152. Patriaâ—â—hal power subject to Impâ—rial Lib. 2. Ep. 61. Emperours have changed Patriarchaâ—s Conc. Const can 3. Conc. Chalc. Can. 8. By their authority Novel 11. et Novel 131. English Kings as Soveraign â—s the Emperouâ—s Math. Paris Two sorts of grounds for sustraction of obedience Our first grouâ—d Chemnit Exa Conc. Fred. Mant. Dist. 100. C. 2. In Hâ—n 1. an 1103. Ant. Brit. pag. 326. Math. Paris an 1237. Math. Par in H. 3. an 1253. Idem An. 1254. Idem An. 1257. Id. An. 1258. Plowmans tale and else where Our second ground Episo Eleiensis Plat. in Greg. 7. Larg Exam p. 18. Admon to the Nobility by Card. Allen. 1. 8. Exam. Cathol p. 34. Math. Paris an 1244. Idem an 1253. Ro. Houed Annal. fol. 303. Ep. Card. Bell. ad G. Blackw Archpr. Supplic of souls p. 296. Hoveden Annal. p. 292. Idem Plat. in pasch 2. Math. Paris an 1212. Math. Paris an 1253. Hoops ad saecul 14. c. 5. Citat Sanct. Clara. Math. Paris in H. 3. An. 1245. Bern. L. 3. de consideratione The
third ground The fourth ground Cone Turâ—â— an 1510. in sine Extraict des anales d' Aqui-taine Baron to 11. Greg. 9. de Elect. et Elect. potestate Math. Paris An. 1245. Idem an 1245. Ibidem Id. an 1246. Walsingh p. 161. See theopc of the â—ull in Antisanderus Memorial de sa Magest ad Carol an 1633. Lâ—sit geâ—itus p. 43. The moderation of the English Reformers Conc. Carth. de baptiz 〈◊〉 Can. 30. Protest plain confession Ch. 13. p. 151 152. Ch. 2. p. 62. Tertull. Gers. part 4. Ser. de pace et unit Graec. The case of England not the same wiâ—h Germany Cap. 98. Graius in scala Chronica Gocelinus in hist. majore c. Goldast Constit. Imper Impressae Francofurti an 1607. p. 1. pag. 62. Ibidem Dat. Avinionae an 1323. apud Gold p. 1. pag. 98. In 〈◊〉 Reinensibusâ—â—â—â— Francosurtensibus Goldast part 1. pag. 142. Plat. in Pio â—0 Carol. Molinaeus in Commentaeriis Plat. ibidem Molin ibidem Plat. ibidem Molin Emperours convocated and confirmed Synods and by them reformed the Church Apud Goldastum part 1. pag. 3. Ibidem Lib. 5. capitul Goldast p. 1. pag. 12. Idem p. 1. pag. 34. Id. p. 45 50. Goldast part 1. pag. 70. Rodevic de Gestis Fred. 1. lib. 2. c. 56. The English Reformation not Schismatical Goldast part 2. pag. 29. ct 31. Regin Polus de Concilio pag. 86. Reformatio Angliae edit Venet. 1562. Concil de lect Cardinal edit Lutet an 1612. pag. 131 c. Pag. 140. An. 1415. Goldast part 1. pag. 146. Idâ—m pag. 149. Idâ—m pag. 155. Idem p. 2 pag. 36 Idem p. 2. pag. 177. Gold p. 1. pag. 207. Id. p. 211. Idem pag. 170. Catalog testium veritatis Gold part 2. p. 109. Gold part 2. p. 197. Gold p. 1. p. 103. Idem pag. 99. The Emperours made themselves the last Judges of their liberties and necessities Goldast part 2. pag. 58. Idem p. 1. pag. 100. 〈…〉 Gold parâ— 1. pag. 58. Emperours injoyed investitures Id. p. 53. Id. p â— P. 34. Id. pag 58. 61. Emnperours have excluded Legateâ— c. Pag. 59. Ch 13. Ch. 5 6 7 8. And neglected the Popes Bulls c. An. 1459 Anno 1526. Rescript Car. 5. ad Criminal P. Clem. 7. Gold p. 1. pag. 99. P. 100. 〈◊〉 And seized upon Papal pretended rights Cap. 10. In Conclusione Sâ—ss 21. Gold pâ—rt 2. pag. 24. 〈◊〉 32. Cap. 19. Resc Num. 44. And have imposed Oaths of allegiance Gold part 1. pag. 64. The Germans against Pardons Indulgences c. Gravam 1. 3. Emperours have deposed Popes and appealed from them c. Gold part 1. pag. 214. Num. 8. Pag. 47. Et 48. Sâ—ss 8. â—t 9. Sâ—ss ultima promot Concâ—l Pâ—sani pag. 32. â—t 172. Ex schedis Ioannis Avâ—ntini apud Goldast in Rationali p. 48. Ibid. p. 50. The French no vassals of the Roman Court. Goldast Constitut. Imper. p. 1. pag. 24. Goldast 〈◊〉 3. p. 571. An. 1267. An. 1406. An. 1418. An. 1438. As that of August 16. an 1478. An. 1487. An. 1517. Fascicuius rerum expetend et fugiend impressuâ— 1535. Balatus ovium p. 2. â—â—â—3 Lusitania gemitus p. 20. Epist. Cler. Gallicani ad Innoc. Pap. 10. Traictes des 〈…〉 liberties de l'Eglâ—se Gallicane Pro libertate Ecclesiae Gallic adversus Roman aeulam defâ—nsia Parisiens Curâ—ae The libertâ—es of the French Church The King of Spain asserts the liberties of his own Churches Edict Car. 5. Decemb. 7. An. 1526. â—aron to 11. An. 1097. num 29. edit Mogunt Ibid. 〈◊〉 28. Ibid. num 29. Memorial de sa magestad Catolica Chap. 1 2 3. Chap. 4. Chap. 5. Chap. 6. Chap. 7. Lib. 4. de Consid. cap. 7. Chap. 8. Chap. 9. Chap. 10. Ibidem Chap. 10. Ibidem An. 1543. Pad Paolo Aâ—olog pag. 405. â—usitanâ—ae gemitus pag. 39. pag. 41. 〈…〉 Impâ— ess Iruxellis per Anth. Vâ—lpium typâ—graph Reâ—gium 1653. The King of Portugal doth the same Lâ—sitanâ—ae Gemitus pag. 30. Pag. 31. Pag. 32. Pag. 34. Pag. 37. Pag. 38. Pag. 40. Pag. 42. P. 23. P. 17. P. 43. P. 44. P. 45. Imprss. Olissiponae an 1649. Maii 23. An. 1602. Ian. 10. An. 1603. Martii 26. An. 1605. â—ulla Pauli quinti. dat Rom. Ap. 17. 1606. Venetian Lawes Bulla eadâ—m The Popes Bull. Sleighted by the Venetians Literae Leonardi Don. Ducis Venet. datae Maii â— 1606. Pad Paolâ— Historia partic l. 4. p. 141. Idem l. 1. p. 24. Venetian doctrines Pad Paol Hist. parâ— l. 4. p. 145. Nicomaco Philal. avertiment vâ—ri pag. 22. Raccolta degli Scâ—itâ—ti c. pag. 9. Can. 30. The conclusion of the Venetian troubles The Church but principally the Court of Rome is 4. waies guilty of schisme Gregor Hist. Con. Trid l. 7. an 1563. C. de Capitulis dist 10. C. Nos si incompetenter 2 Qu 7. Gloss. â— si Papa dist 4â— C. Nâ—mo 9. qu. 3. Hist. Conc. Trid. l. 7. 10. Conc. Const. Sess. 4. Con. Basil. Sess. 2. The Popes confirmation of Councels of no value The decree of the Councels superiority above the Pope moâ—t conciliarly made Greg. â—p l. 4. ep 34. â—t 38. Conc. 〈…〉 Plat. in Maâ—cellino Athâ—â—as in Epist. ad solit vitam agentes Hieron in Chron. et Catal. Ecclesi Script Câ—nc Gen. 6. Act. 13. Gerson Sermon on Easter-day Conc. Snuess et Rom. We have not separated our selves from the Catholick Church 〈◊〉 Paul 3. apud Sand. de Schism l. 1. p. 109. The Councel of Trent nâ—t general Not free Sleid. l. 17. Hist. con Trid. Nor lawfull Sleid. l. 23. We have not substracted our obedience from our lawful Patriarch The Roman Bishops quitted their Patriarchate Gâ—l c. 1. 24. qu. 1. And foreited it by rebellion Cone Constant C. 39. Con. Nicâ—n C. 7. 〈◊〉 c. 25. Gers. 3. parâ— Apâ—l de Conc. Constan And by abâ—se Matth. Par. an 1103. Idem an 1107. An. 1113. Nich. Clem de corrupto Ecclesiae statu Math. Paris an 1164. Baron to 11. An. 1027. Patriarchal power was lawfully transferred The power which we rejected was not Patriarchal nor Canonical Gregory the Great acquired no Patriarchal right in England by the conveâ—sion of it Bed l. 1. c. 25. Bed l. 1. c. 26. Speed in the Kings of the West Saxons An. 612. Bed l. 3. c. 4. 5. Bed l. 3. c. 21. Speed in the Kings of the East Angles An. 624. We condemn not our Fathers Our Bishops not Ordained by Presbyters Mason de Ministerio Anglicano c. Our matter and form in Presbyterial Ordination justified An. 1439. We derive no Jurisdiction from the Crown Blondel Apolog. p. 368. c. Bishops not subject to nor ordained by Presbyters of old in Britaigne P. 370. P. 367. P. 371. Unformed Churches no fit president p. 65. l. 21. for neither do you â— read moreover you do Plutarch