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A45426 Of schisme a defence of the Church of England against the exceptions of the Romanists / by H. Hammond ... Hammond, Henry, 1605-1660. 1653 (1653) Wing H562A; ESTC R40938 74,279 194

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circumstances of affairs It must be supposed that twenty years since this person the supposed subject of discourse living regularly in this Church under his superiours was not then chargeable w th this crime of not communicating with a visible Church § 3. This consequent I shall not be so much my own flatterer as to think it will be allowed me by the Romanist who will I know at another time accuse the whole Church of England ever since the Reformation of schism from the Catholick Church and make the communicating with it 20 years since as dangerous as now the not communicating with any But the reason of my laying this foundation is to shew the vanity of the present objection For if the Church of England 20 years since were not a Church but a society of Schismaticks not a particular Church which if so must be a part or member of the Vniversal and such it is not if it be truly separated from that body in the unity of which it is obliged to remain but a separated and torn off and so a livelesse ejected branch then whatsoever hath now befallen us and the consequence of that the supposed impossibility of cōmunicating with the Church of England will but leave us where we were the impossibility of communicating with a schismatical society being not chargeable on us as a crime by them who make the communicating with all such societies so damnable And therefore I say to the making this any objection 't is necessary that that be supposed which I have for that cause laid as my foundation that 20 years since a member of the English Church was not under this guilt of not communicating with some one visible Church And if then he were not or for discourse sake be by the objecter supposed not to have been then it infallibly and irrefragably follows which is the second proposition that he that 20 years since was not under this guilt of not communicating is either not guilty of it now or else hath voluntarily committed or omitted somewhat which commission or omission hath been the contracting of this guilt For that somewhat which hath not been his choise shall become his crime that what hath been his saddest part of infelicity the evil against which he hath most industriously contended should be accounted his offence when it is his punishment I shall not fear will be affirmed by any § 4. Thirdly then the businesse is brought to this issue that that person which is the subject of our discourse he that 20 years since was a member of the Church of England be now proved by some commission or omission of his voluntarily to have contracted this guilt or else be absolved and freed from it If he have contracted it it must be by some irregularity of actions contrary to the standing rule and Canons of this Church or by disobedience to some commands of his Ecclesiastical superiors And as in neither of these I shall excuse any that hath been guilty so if being not fallen under the actual Censures of the Church for it he now timely and sincerely return with contrition and reformation I shall hope it will not be imputed to him But however this cannot be insisted on by the objecter because I speak and so must he of him that hath lived regularly not of him that hath not And of him 't is apparent that all that he hath done is to adhere to his former principles when others have not to have testified his constancy with not only venturing but actually losing either possessions or liberty and the benefit of Ecclesiastical assemblies rather then he would joyn or appear to joyn with Schismaticks when others have made all worldly advantages by the rupture In a word that he hath been patient and not fainted and never departed from his rule though it have cost him dear to stick fast to it And I hope no body will be so uncharitable as to grieve and gall him whom God hath thus suffered to be chastised upon no other provocation but this his having been thus afflicted and persecuted This is too clear a truth to need confirming and yet this is the utmost that it can be driven to supposing the most that the objection can be imagined to suppose viz that the Church of England is now invisible § 5. But then in the fourth place it must be added that as yet Blessed be God the Church of England is not invisible It is still preserved in Bishops and Presbyters rightly ordained and multitudes rightly baptized none of which have fallen off from their profession And the only thing imaginable to be objected in this point being this that the schism hath so farre been extended by the force that many if not most Churches parochial are filled by those who have set up a new or a no-form of worship and so that many men cannot any otherwise then in private families serve God after the Church-way that sure will be of little weight when the Romanists are remembred to be the objecters who cannot but know that this is the only way that they have had of serving God in this Kingdome these many years and that the night-meetings of the Primitive Christians in dens and caves are as pertinent to the justifying of our condition as they can be of any and when 't is certain that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the forsaking of the assemblies Heb. 10.25 is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 our wilfull fault v. 26. but only our unhappy lot who are forced either not to frequent the assemblies or else to incourage incurre the scandal of seeming to approve the practises of those that have departed from the Church That we doe not decline order or publick communion and consequently are not to be charged for not enjoying those benefits of it which we vehemently thirst after is evident by the extensive nature of our persecution the same tempest having with us thrown out all order and form Bishops and Liturgie together and to that curstnesse of theirs and not to any obstinatenesse or unreconcileablenesse of ours which alone were the guilt of non-communion is all that unhappinesse of the constant sons of the present English Church to be imputed in which alone this whole objection is founded § 6. What this may come to in the future I cannot discern any farther appearance of difficulty in this matter and therefore shall no farther lengthen this Appendage then by offering it to the consideration of the indifferent Reader whether this objection can ever in future times be improveable into a charge against us or our posterity as long as either Bishops stand and continue to ordain among us or it is not our faults that they doe not stand To which purpose it may be remembred what befell the Jewes whether under the Zelots fury or the Romans yoke The former threw out the lawfull successive High Priests and Priests of the sons of Aaron and put into those sacred offices the
it being thus farre evident that it is our avowed wish and our care should it be denied to be our lot a special mark of the Church of England's Reformation to preserve the Vnity of the Apostolical Faith and Primitive practises as intire as we would have done Christ's body or garment and the probability being not weak on our side that the fact of the crucifying souldiers which hath so much of our abhorrence and detestation shall never be our choice our known or wilfull guilt or if it be that we so farre recede from our Profession CHAP. IX The Second species of this Schisme examined as it is an offence against external peace or Communion Ecclesiastical § 1. This Church free from breach of Communion Ecclesiastical NOW for the second branch of this second sort of Schism as it is an offence against external peace or communion Ecclesiastical This cannot with any colour be charged on us As appears by six Considerations of whom these 6 things are manifest and that by the tenure of our Reformation 1. The first that we have alwaies retained the form of Government in and under which the Apostles founded Ecclesiastical assemblies or Communion viz that of the Bishop and his inferiour officers in every Church and so in that respect are in Ignatius his phrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 within the altar have no part of that breach of Ecclesiastical communion upon us which consists in casting out that order 2. The second That as we maintain that Order so we regularly submit to the exercise of it acknowledge the due authority of these Governors profess Canonical obedience to them submit to their Censures and Decrees and give our selves up to be ruled by them in all things that belong to their cognizance secundum Deum according to God 3. The third That the circumstances which are necessary to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the assembling our selves together for the publick worship whether 1. that of place our Churches consecrated to those offices or 2. that of time the Lords day and other primitive festivals and Fasts and in their degree every day of the week or 3. that of forms of Prayer and Praises celebration of Sacraments and sacramentals Preaching Catechizing c. or 4. that of Ceremonies such as the practise of the Primitive Church hath sent down recommended to us or lastly that of Discipline to binde all these performances upon every member of the Church in his office or place are all entered into our Confessions setled by Article as part of our establishment and so the want of either or all of those are not imputable to our Reformation § 2. The fourth Fourthly That in every of these three whatsoever the Romanist requires us to adde farther to that which we voluntarily and professedly receive 1. the supreme transcendent monarchick power of the Pope 2. the acknowledgment of and obedience to his supremacy 3. the use of more ceremonies festivals c. is usurpation or imposition of the present Romanists absolutely without Authority or Precedent from the antient Primitive Church from whom we are so unwilling to divide in any thing that we choose a conformity with them rather then with any later modell and if by receding from the Ordo Romanus in any particular we doe not approve our selves to come neerer to the first and purest times it is the avow'd Profession of our Church the wish and purpose of it which I may justly style part of our establishment to reduce and restore that whatsover it is which is most pure and Primitive in stead of it § 3. The fift Fiftly That as we exclude no Christian from our communion that will either filially or fraternally embrace it with us being ready to admit any to our assemblies that acknowledge the Foundation laid by Christ and his Apostles so we as earnestly desire to be admitted to the like freedome of external Communion with all the members of all other Christian Churches as oft as occasion makes us capable of that blessing of the one heart and one lip and would most willingly by the use of the antient method of literae Communicatoriae maintain this Communion with those with whom we cannot corporally assemble and particularly with those which live in obedience to the Church of Rome § 4. The sixt Sixtly that the onely hindrances that interpose and obstruct this desired freedome of external Communion are wholly imputable to the Romanists § 5. First their excommunicating and separating from their assemblies all that maintain communion with the Church of England which we know was done by Bull from the Pope about the tenth year of Q. Elizabeth before which time those English which had not joyned in our Reformation might and did come to our assemblies and were never after rejected by us but upon their avowed contumacie against the orders of our Church which consequently brought the censures on them and to that it is visibly consequent that we that were cast out cannot be said to separate as in the former part of this discourse hath been demonstrated § 6. Secondly their imposing such conditions on their Communion belief of doctrines and approbation of practises which we neither believe nor approve of and are ready to contest and maintain our Negatives by grounds that all good Christians ought to be concluded by that we cannot without sinning or seeming to sin against conscience without wilfull falling on one side or dissembling and unsound confession on the other side or at least the scandal of one of these accept of their communion upon such conditions as hath formerly been demonstrated also § 7. A consideration concerning our Church And in this matter it were very well worthy our considering how farre the Articles of our Church of England proceed in accord with the present Roman doctrines and practises and in what particulars 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we cannot perswade our selves to consent to them and then to offer it to the Vmpirage of any rational arbitrator whether we that unfeignedly professe to believe so much and no more nor to be convinced by all the reasons and authorities proofs from Scripture or the first Christian writers those of the first three hundred years or the four General Councels produced by them being in full inclination and desire of minde ready to submit upon conviction are in any reason or equity or according to any example or precept of Christ or his Apostles or the antient Primitive Church to be required to offer violence to our mindes and to make an unsound profession or else for that one guilt of not doing so to be rejected as hereticks and denied the benefit of Christian Communion which we heartily desire to extend and propagate to them which deny it to us All this thus put together and applied to this present matter will certainly vindicate us from all appearance of guilt of this second branch of the second sort of Schisme CHAP. X. The third species of this Schism as
Eccl Habere jam non potest Deum patrem qui Ecclesiam non habet matrem Ibid. Quomodo potest ei cum aliquo convenire cui cum corpore ipsius Ecclesiae cum vestra Fraternitate non convenit Quomodo possunt duo aut tres in nomine Christi colligi quos constat à Christo ab ejus Evangelio separari Ibid Extra Ecclesiam consistens contra pacem dilectionem Christi faciens inter adversarios computetur Ep 76. advantages that belong to a member of the Church the (f) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ignat Ep ad Eph Audet precem alteram illicitis vocibus facere Dominicae hostiae veritatem per falsa sacrificia profanare Cypr de Unit Eccl Vnum manifestum est apud omnes Spiritus Sancti gratiam non esse nec corum sacrificiis posse Deo placere neque spiritualis gratiae sanctificationem sacrificiis corum tribui qui offerunt ab Ecclesiastici corporis unitate disjuncti solius enim Ecclesia Deus delectatur sacrificiis quòd sacrificium Deo facit unit as spiritualis ubi pacis tenacitas fraternam servat in charitate concordiam Fulgent ad Monim l. 2. benefits of prayers and sacraments that it is (g) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrys in Ep ad Eph Edit Savil p. 823. as bad as heresie that (h) Quis unquam haereses instituit nisi qui se priùs ab Ecclesiae Catholicae universitate antiquitatis consensione discreverit Vincent c. 34. there was never any heresie in the Church which was not founded in it and (i) Nullum schisma non sibi aliquam fingit haeresim ut rectè ab Ecclesiâ recessisse videatur Hieron ad Tit c. 3. that it is constantly forced in its own defence to conclude in some heresie or other all of which being put together will be sufficient to keep men from being in love with the guilt or company of schismaticks but it is farther branded with these superadditions of terror that (k) Non esse quicquam gravius sacrilegio schismatis Aug contra Parmen l. 2.2 Ingens flagitium schismatis Tradition junxerunt Optat p. 23. Edit Casaub there is scarce any crime so grear as schism not (l) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dionys ap Euseb l. 6. c. 36. Pejus hec crimen est quàm quod admisisse lapsi videntur Cypr de Unit Eccl idolatry (m) Vide Optatum l. 8. c. 25. sacrilege parricide that it hath been under peculiar marks of Gods indignation in the story of the Jewish Church as in the (n) Quàm sine spe sint perditionem sibi maximam de indignatione Dei acquirant qui schisma feciunt declarat in libro R●g scriptura ubi à tribu Juda Benjamin decem tribus scissae sunt indignatus est inquit Dominus in omne semen Israel Cypr Ep 76. case of the ten Tribes and of the (o) Addendo autem civitatem Samaritanorum debere omitti ubi erant schismatici ostendit schismaticos Gentilibus adaequari Ibid. Samaritanes who are ranked with the Gentiles Mat. 10.5 (p) Exemplo Core Dathan c. ostenditur probatur obnoxios omnes culpae poenae futuros qui se schismaticis irreligiosâ temeritate miscuerunt Ibid. Deus quod in sacrilegos parricidam non secerat Cain Ninive in schismaticos fecit Core c. Optat l. 1. p. 25. and so in the story of Core c. that it is the (q) Novatianus nec debet nec potest excipi quo minus ipse extra Ecclesiam consistens inter Antichristos computetur Ibid. Apparet Antichristos omnes esse quos constet à charitate atque ab unitate Ecclesiae recessisse Ibid. Videndum quis foras exicrit quis altare contra altare erexerit quis jaceat sub sententiâ Johannis Apostoli qui dixit multos Antichristos feras exituros Optat p. 1. l. 18. Ab Ecclesiâ separatus haereticus est Antichristus Prosper de Prom Praedict implend c. 5. Antichristianisme mentioned by Saint John the (r) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ignat Ep ad Smyrnens worshipping or serving the Devil and in a word so great a crime that it is not (ſ) Tales e●si occisi in confessione nominis fuerint macula ista nec sanguine abluitur inexpiabilis gravis culpa discordiae nec passione purgatur Cyprian de Unit Eccl expiable by Martyrdome to him that continues in and hath not repented and returned from it § 7. No excuse for it Much more of this subject is every where to be met with in the Antient monuments and nothing of alleviation to be had for any who have not the (t) Caeteri tantùm vel simplicitate capti ve● errore inducti vel aliqua sallentis astutiae calliditate decepti à fallaciae laqueis vos solvite Cypr de Unit Eccl excuse of involuntary seduction of error or simplicity to plead for them and the surest way to doe that effectually to qualifie them for that plea is to forsake their course to get out of so dangerous a snare § 8. Nay 't is farther observable how unsafe it hath been deemed by these for (u) Judicabit spiritalis eo●s qui schisma operantur qui propter modicas quaslibet causas magnum gloriosum corpus Christi conscindunt dividunt verè liquantes culicem camelum diglutientes Irenae l. 4. c. 62. light and inconsiderable causes to break this unity it being in their opinion very (x) Nulla ab eis tanta potest fieri correptio quanta est schismatis pernicies Irenaeus l. 4. c. 62. hard if not impossible to receive such an injury or provocation from the Governours of the Church as may make a rupture or separation excusable And for the Vniversal or truly Catholick Church of Christ it is not in (y) Si possunt aliqui quod fieri non potest habere causam justam quo communionem separent à communione Orbis terrarum Aug Ep 48. S. Augustine's opinion possible that there should be any just cause for any to separate from it nor consequently Apologie to be made for those that on any whether true or pretended cause whatsoever have really incurred this guilt § 9. From these premises thus acknowledged and undeniable the conclusion follows irrefragably that it is not the examination of the occasion or cause or motive of any mans schisme that is worth the producing or heeding in this matter The one thing that is of force and moment and by consequence pertinent to be inquired into is the truth of the matter of fact whether this charge be sufficiently proved or confessed i. e. whether he that is thus accused stands really guilty of separation from the Church of Christ And this will be a means of shortening our method and giving very moderate bounds to our ensuing discourse which will now be regularly finished by making these two inquiries § 10. The Parts of the ensuing Tract 1. What Schisme is and how it
may be most fitly branched § 11. 2. What Evidences are producible against the Church of England whereby it may be thought liable to this guilt and withall how it may be cleared from all force of those evidences § 11. Which when we have done we shall not from the office of Advocates proceed to that of the Accuser or Judge but leave all others that are under the same charge to their proper tribunal to stand or fall as they shall appear able or not able upon firm grounds to maintain and vindicate their innocence CHAP. II. What Schisme is together with some general considerations thereon § 1. OUR first enquirie must be what Schism is in the strict proper notion as (a) Non attendisti inter schismaticos haereticos quàm sit magna distantia Optat l. 1. p. 13. distinguished from Heresie the (b) Inter haeresim schisma hoc interesse arbitramur quòd haeresis perversum dogma habeat schisma propter Episcopalem dissensionem ab Ecclesiâ pariter separet Hieron ad Tit c. 3. introducing of some false doctrine into the Church And herein there will be no difficulty the Origination and universal use of the word according and consenting exactly to give us the importance of it The Original of the word Schism § 2. In the origination of it from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 scindi it signifies literally scissure or division which being a figurative and withall a relative word referring to some body which is thus cut or divided but that no natural but political body the Church or Congregation of Christians the literal notation of the word in the Ecclesiastical use will be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a division in or from the Vnity of the Church of Christ Only the form termination of the word must be farther noted which being not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from the active 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Reciprocal passion noted by the word but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from the passive 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the use of such passives is observable being of the nature and for want of conjugations designed to supply the place of the Hebrew Hithpa●l and so noting reciprocal action or passion where the passion is from and on himself and is most fully expressed by the Latine Neutrals which partake both of active and passive but are strictly neither of them This might be largely exemplified in the use of other words but the advantage of the observation will not be proportionable to the length of such a diversion being no more then this that the distinct notion of the word Schisme is a voluntary dividing Schisme a voluntary recession or in the neutral expression which the Fathers familiarly use a separating or receding of any member from the unity of the body i. e. the Church of Christ and so that the scismatick is he that * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jude 19. divides himself from the Church of God not that is cut off or separated he that (a) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Joh. 2.19 goes out or (b) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heb. 10.38 withdraws or recedes of his own accord not he that is cast out by the Governours of the Church Excommunication no Schisme For whatever blame and vengeance may justly light on such who are by the righteous and charitative Censures of the Church cut off from communion in case they doe not by humiliation confession and reformation and meet fruits of repentance prepare and qualifie themselves for readmission to that Communion yet certainly this punishment of Excommunication is very disparate and distant from the crime of schisme the Judge i. e. Bishop or Governour of the Church being the only actor in the one and that ex officio an act of duty in him when duly executed but in the other the offender or guilty person who is therefore said to (c) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Concil Laod Can 40. accuse to cast to (d) Propriae conscientiae videtur esse damnatio cùm quispiam suo arbitrio ab Ecclesiâ recesserit Hieron 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cod Can Afric Can 22. condemn himself throwing himselfe by his voluntary recession from the Church into that very condition into which the adulterer and obstinate offender is cast by the Censures of it § 3. This is so evident a truth that this punishment and so judicial act of the Governour cannot be the guilt of him that is punished and though it be supposed to be founded in some offence is not yet in any propriety of speech the offence it self much lesse the sin of schisme especially when he is punished for heresie or some other crime and not for schisme that I need not farther insist on it Interpretative Excommunication Only as beside the formal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there is also an interpretative excōmunication when he that is not under the Censures of the Church is yet refused admission or reception unto it unlesse he will submit to such such conditions indispensably proposed to him and because both in the one and the other in the formal and in the interpretative excommunication the Governours being men may possibly erre and consequently censure and excommunicate the innocent and in like manner propose those conditions of communion which are not lawful for that man to submit unto Continuance out of actual Communion without Schisme so it is possible in both cases that the person excluded may be absolutely innocent free not only from that of schisme but from all other guilt so that he which is excommunicated may not be obliged to regain the peace nor he that is barred out to force his passage into the communion of the Church and so both sorts of these continuing out of the actual communion neither the one nor the other be guilty of schisme in the least degree by so continuing Unjust excommunication hurts no man § 4. He that is excommunicated unjustly cannot be rendred criminous by that misfortune nor concluded culpable by that argument upon which he is supposed innocent Our Saviour hath pronounced of the anathemaes of the Jews of their bitterest execrations their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their sharpest censures nay the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 casting men out of the Synagogue falsly or unjustly that it is to be looked on as a most auspicious token a matter of the greatest rejoicing to them which fell under it one of the principal ingredients in and forerunners of their blisse and accordingly the Apostles when they were thus cast out and contumeliously used went out of the Temple rejoicing that they were thought worthy to suffer shame for Christ's name To which purpose is that of Photius Patriarch of Constantinople to Michael Metropolitan of Mitylene Ep 116. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. The excommunication of the Jewish Sanhedrim sent out against Christ's disciples brought them so much neerer to their Lord and Master and alien'd the Jews themselves removed them so much farther from the
Patriarchate and the attendants and pompes of that So it proceeds on a concession that all that Constantinople wanted or in which this New came short of the Old Rome was only the dignity of a Patriarchate without any ordinary jurisdiction over other Churches Which again shewes us what was the nature of the preeminence of the Roman See at that time no supreme authoritative power over other Primates The dignity of Patriarchs reconcileable with the independency of Primates but only a precedence or priority of place in Councels an eminence in respect of dignity which is perfectly reconcileable with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and independence the no-subordination or subjection of other Primates § 6. The Canon of Ephesus against encroaching on any others Province This hath formerly been manifested when we discoursed of the original and power and dignity of Primates and Patriarchs and is put beyond all controll by that Canon of the Councel of Ephesus in the cause of the Archbishop of Cyprus over whom the Patriarch of Antioch though Patriarch of all the Orient was adjudged to have no manner of power And this independency of Cyprus not only from the Patriarch of Antioch but from all others whomsoever was contested then as from the Apostles times and asserted and vindicated by that Councel and order given indefinitely against all invasions for time to come in whatever Diocese that no Bishop shall encroach upon anothers Province or usurp a power where from the Apostles times he had not enjoyed it which how directly it is applicable to and prejudgeth the pretensions of Rome as well as of Antioch is so manifest that it cannot need farther demonstrating § 7. Instances of Independent power in Archbishops Of the same kind two farther instances I shall here adde first of the Archbishop of Carthage who being the chief Primate or Metropolitan for these two words in the African style different from the usage of other Churches are observeable to signifie the same thing in Africk i. e. in one of the thirteen Dioceses of the Empire appears to have been independent from all other power an absolute Primate subject to no superiour or Patriarch whether of Alexandria or Rome This is evident by Justinian in the 131 Novel where the Emperour gives the same privileges to the Archbishop of * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Carthage which he had formerly given to the Bishop of Justiniana prima which being the second example I meant to mention I shall briefly shew what that Prerogative was which equally belonged to these two § 8. Justiniana Prima was the head of a Caetera Provinciae sub ejus sint authoritate i. e. tam ipsa mediterranea Dacia quàm Dacia Ripensis nec non Mysia Secunda Dardania Praevalitana Provincia secunda Macedonia pars secunda etiam Pannoniae quae in Bacen●i est civitate Justin de Privileg Archiep Just Prim ed à Gothofred Dacia the new a Diocese as that signifies more then a Province a b Volumus ut Primae Justinianae patriae nostrae pro tempore sacrosanctus Antistes non solùm Metroplitanus sed etiam Archiepiscopus fiat Ibid. Primat's a Patriarch's dominion erected by Justinian the Emperour and that city thus dignified as the c Multis variis modis nostram patriam augere cupientes in qua Deus praestitit nobis ad hunc modum So Gothofred reads but certainly it should be ad or in hunc mundum quem ipse condidit venire Ibid. Necessarium duximus ipsam gloriosissimam Praefecturam quae in Pannoniâ erat in nostrâ foelicissimâ patriâcollocare Ib. place where he had been born and the Archbishop thereof made Primate of all that Diocese This is thus expressed in the Imperial Constitutions Nov. 11. that he shall have omnem censuram Ecclesiasticam summum Sacerdotium summum fastigium summam dignitatem all power of Ecclesiastical jurisdiction the supreme Priesthood supreme honour and dignity And in the Constitutions set out by Gothofred out of an old MS. Copy Tu omnes Justinianae primae Antistites quicquid oriatur inter eos discrimen ipsi hoc dirimant finem eis imponant nec ad alium quendam eatur sed suum agnoscant Archiepiscopum omnes praedictae Provinciae that all the Provinces shall in the last resort make their appeal to him for all controversies And Nov. 131. c. 3. that in all that Diocese he shall have locum Apostolicae sedis the place or dignity of an Apostolical seat which gave Nicephorus occasion in his relation of this matter to affirme that the Emperour made it a free city and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an head unto itself with full power independent from all others And though the first Bishop thereof was consecrated by Vigilius Bishop of Rome as by some Bishop it is certain he must yet that is of no force against the conclusion to which I designe this instance it being evident that being consecrated he was absolute and depended not on any and his * Quando autem te ab ●âc luce decedere contigerit pro tempore Archiepiscopum ejus à venerabili suo Concilio Metropolitanorum ordinari sancimus quem ad modum decet Archiepiscopum omnibus honoratum Ecclesiis provehi Ibid. successors were to be ordained by his Councel of Metropolitanes and not by the Pope § 9. Which as it makes a second instance of the point in hand so when it is remembred that all this independent absolute power was conferred upon this city the Emperors favorite only by his making it a Primate's or chief Metropolitane's See and that Carthage's being the Prime Metropolis of Africk is expressed by having the same privileges that Justiniana Prima had It will follow what is most certain and might otherwise be testified by innumerable evidences that every Primate or chief Metropolitane was absolute within his own circuit neither subject nor subordinate to any forein Superiour whether Pope or Patriarch And that was all which was useful much more then was necessary to be here demonstrated And being so there remains to the See of Rome no farther claim to the subjection of this Island nor appearance of proof of the charge of schisme in casting off that yoke upon this first score of S. Peter's or his successors right to the Vniversal Pastorship § 10. The unreasonablenesse of confining the Catholick Church to the number of those that live in the Roman subjection Upon this head of discourse depends also all that is or can be said for the confining the Catholick Church to the number of those who live in obedience to the Roman Church or Bishop For if there have been from the Apostles times an independent power vested in each Primate or chief Metropolitane as hath been evidently shown then how can it be necessary to the being of a member of the Catholick Church to be subject to that one Primate 'T is certainly sufficient to the conservation of the unity of the whole Church that every