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A92925 Schism dispach't or A rejoynder to the replies of Dr. Hammond and the Ld of Derry. Sergeant, John, 1622-1707. 1657 (1657) Wing S2590; Thomason E1555_1; ESTC R203538 464,677 720

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to limit an Authority implies an admittance of it in cases to which the restraints extend not Hee replies that this meaning those laws was not meerly to limit an Authority but to deny it p. 20. l. 20. yet in the next page hee denies not equivalent laws in france spain Germany Italy and in his vindication p. 73. l. 7. 8. c. hee affirms that the like laws may bee found in Germany Poland france spain Italy sicily and if wee will trust Padre Paolo in the Papacy it self These things being put granted and confest from his own words I shall now appeal even to the Bp s best and bosom-friend whether impudence was not a moderate character for that man's genius or humour who should go about to pretend that King H. the 8th did no more in this particular that is renounced the Pope's Authority no more than his Ancestour Kings had done before him For. First this is opposite to the common notion and generall opinion of the whole world both Catholicks Protestants Puritans and of what ever sect or sort who ever deem'd Henry the 8th to bee the first King of England who renounced the Pope's Supremacy and challenged it to himself Nor had they ever that conciet of France Spain Italy c. in which notwithstanding the Bp. grants equivalent laws to the former laws of England to which according to him K. H. superadded nothing This particularity I say in K. H. the 8th all the world as far as I ere heard always held in their free and naturall thoughts though when they are put to it to defend a desperate cause artifice wrongs nature and puts some of their non-plust Controvertists to assert and maintain the most open absurdities Secondly it is in particular against the confession and profession of his own party the Protestants who sing Halleluiahs incessantly to this happy time in which England was freed from the yoke of Rome which is an evident argument of their pretence that till now they groan'd under this yoke that is that till now the Pope's Headship was acknowledg'd here and by consequence that K. H. the 8th did more than his Ancestours did formerly when hee shook it of Thirdly this position contradicts in terms their Reformation in this point of the Pope's Supremacy which yet rings in every man's ears and is confest by themselves for it is impossible and contradictory there should bee a Reformation in any thing which was not otherwise before It was therfore otherwise in England before K. H. the 8th's time notwithstanding all these former power-limiting laws alledged by the Bp. and consequently 't is evident from the very terms that K. H. superadded to these laws in renouncing the Pope's Authority and that the contrary position is most absurd impossible and contradictory Fourthly it being confest by themselves and particularly by Dr. H. of Schism p. 132. in these very words For the matter of fact it is acknowledg'd that in the reign of K. H. the 8th the Papall power in Ecclesiasticall affairs was both by Acts of convocation of the Clergy and by statutes or Acts of Parliament cast out of this Kingdome This I say being confest and it being also evident in terms that nothing can bee said to bee cast out of a place unles before it were in it 't is likewise evident in terms that this power was in England before notwithstanding the former laws cited by my L d D. then in power in this country and that those statutes and Acts of Parliament made by K. H. which cast it out did some new thing against that Authority that is did create new laws and not onely declare the old Fifthly since according to him these laws made by H. the 8th did no more than the former laws those former laws also must bee pretended to have cast out the Pope's Supremacy and to have begun a Reformation which yet wee never heard pretended and hee must show us when and how this Authority of the Pope in England twinklingly went out and in again otherwise it could never bee said to bee cast out a fresh in K. H's reign Sixthly this position of his is particularly opposite also to the common consent of all Catholike countries in which notwithstanding the Bp. affirms there are found equivalent laws who all look't on K. H. the 8th after those Pope renouncing Acts as a Schismatick and on England both then and ever since as schismaticall Now that they should esteem and abhor England as schismaticall for doing the same things themselves also did is against common sence and impossible Seventhly since iust vindication p. 73. l. 8. hee quotes Padre Paulo that the like laws were to bee found in the Papacy it self and 't is perfect non-sence to affirm that in the Papacy of which the Pope is both spirituall and temporall Governour hee should not bee held for Head of the Church 't is most manifest that the like laws in other places and in particular amongst our Ancestours in England did not take away from him that Headship in Ecclesiasticall matters and by consequence that K. H. the 8th who deny'd him that Headship did something new which his Ancestours had not done and when hee enacted this created new law 'T is most manifest likewise that those like laws in the Papacy are onely to distinguish the Pope's spirituall power there from his temporall that is to limit it's bounds not to deny it and consequently those mutually-like laws in other countries and in England formerly did onely limit it likewise Whence follows inevitably that K. H's law which totally abolish't renounc't and deny'd it was of another far different strain and new law Eightly this position is demonstratively convinc't of falshood by the evidēt and acknowledg'd effect for who sees not that upon this new law made by K. H. England stood at another distance from Rome than formerly for formerly notwithstanding all their laws they held still the Pope was Head of the universall Church reverenced him as such held this as of faith and this till the very time of the breach Whereas after K. H's law hee was held by the party which adhered to that law no Head of the universall Church nor reverenc't as such if any thing rather the contrary that England was absolutely independent on him was held as of faith Is not this as evident as that the sun shines and may it not with equall modesty bee den'yd that there ever was such a man as K. H. the 8th Ninthly this very position takes away the whole question between us and makes both us and all the Controvertists in England on both sides talk in the aire wrangling pro and con why K. H. cast out the Pope's Authority here whenas according to this illuminated Adversary of mine hee had actually noe Authority there at that time to cast out Lastly this position is so thriving an absurdity that from non-sence and contradiction it prosperously proceeds to perfect madnes and fanaticknes and comes
who of Schism p. 145. l. 5. seems even to strain sence it felf to express this calling this disclaiming the Pope's power tbe Bottome upon which the foundation of Reformation was laid that is the foundation of their foundation their fundamentall of fundamentalls Now then how those Bishops should not bee then Protestants who held the fundamentall of fundamentalls of Protestantism passes my skill to explicate and as I am persuaded my L ds too Sect. 3. How my L d of Derry endeavours to clear his Church from Schism by bringing Protestants to speak in their own cause nay the very Act or statute for which wee accuse them as an undeniable Testimony for them Likewise how hee produces for his chief Plea a Position opposit both to his own and our party's acknowledgment nay to the very eysight of the whole world twisting in it self a multitude of most direct contradictions and lastly quite annihilating at once all the Papists in the world HIs third Section pretends to make good his second grownd for dividing from the Church which was this because in the separation of England from Rome there was no now law made but onely their ancient liberties vindicated This I calld as I could do no less notoriously false and impudence it self alledging that a law was made in H. the 8th's time and an oath invented by which it was given the King to bee Head of the Church and to have all the power which the Pope did at that time possess in England Hee asks if this bee the language of the Roman Schools No my L d it is and ought to bee the language of every sincere man who bears any respect to truth shame or honesty against those who are profest and sworn Enemies of all three in case his circumstances have put him upon the task to lay such persons open and confute them Hee appeals to any indifferent Christian judge I decline not the Tribunal nay more I shall bee willing to stand to the award of the most partiall Protestant living who hath but so much sincerity as to acknowledge the Sun's shining at noonday or that the same thing cannot both bee not bee at once But. First hee goes about to acquit himself by confessing that hee sayd no new law was made then but denying that hee said no new statute was made Wee will not wrangle with him about the words onely I say if there were something new it was new and a statute made and approved by the King and his Parliament as this was wee Englishmen use to term a law if then there were a new statute made as hee confesses I concieve I have not wrong'd in the least the common language of England to call it a new law But his meaning is that King H. the 8th did noe new thing when hee renounced the Pope's Authority but what had been done formerly and therefore Secondly hee quotes Fitz-herbert and my Lord Cook who say that this statute was not operative to create a new law but declarative to restore an ancient law That is hee quotes two of his own party to prove hee sayd right and two Protestants to speak in behalf of Protestants Convincing proofs doubtles against us Thirdly hee promises to make it appear undeniably Whence or from what Authority from the very statute it self which sayes That England is an Empire and that the King as Head of the body politick consisting of the Spirituality and temporality hath plenary power to render finall iustice for all matters That is hee quotes the schismaticall King himself and his schismaticall Parliament who made this statute to speak in their own behalfs Does such a trifler deserve a Reply who in a dispute against us cites the authorities of those very persons against whom wee dispute nay that very Act of theirs which wee are challenging to have been schismaticall and relies upon them for undeniable Testimonies Fourthly hee alledges another statute made in the 24. of King H. the 8th the best hee could pick out you may bee sure yet there is not a syllable in it concerning spirituall Iurisdiction directly that is not a syllable to his purpose 'T is this The Crown of England hath been so free at all times that it hath been in no earthly subjection but immediately subjected to God in all things touching it's Regality and to no other and ought not to bee submitted to the Pope Wee are disputing about spirituall Iurisdiction and whether it were due to the Pope and the Bp. brings a statute which fpeaks of the Crown of England it self as not to bee submitted to the Pope as touching it's Regality that is a statute which expresly speaks of temporall Iurisdiction Hee tells us that Ecclesiasticall greivances are mention'd in that statute but sleightly omits so much as to name them much less to urge them which were they worth it wee may bee sure hee would have done with a triumph And besides hee knows wee hold every good King is to take order to see Ecclesiasticall grievances remedy'd and the Canons of the Church observ'd Nay hee knows if hee knows any thing our own Lawyers grant that Ecclesiasticall affairs sometimes fall under temporall power indirectly as on the other side temporall affairs fall indirectly under the Ecclesiasticall Yet that there is any more than this nay even so much in this statute my L d D. hath not shown us and if wee will bee judged by the words of the statute which hee cites they look quite another way But what matters it what this statute sayes being made two years after his unlawfull marriage with Anna Bullon which was the source of all his rebellion intended in all Likelihood when that match was made up As for his pretence that I conceal'd some of his particulars hee knows I undertook no more than to answer the substance and to show that such kindes of particularities were not worth alledging as I did in this very place and shall do again presently more amply Fifthly hee quarrells with mee for calling his Authorities meer Allegations which hee tells us are authentick Records c. whereas my words were onely these p. 311. l. 30. that hee brought diverse allegations in which the Pope's pretences were not admitted c. Now I concieve a Record or any other Authority alledged is an Allegation which was the word I vsed the word meer was meerly his own fiction to gain an occasion to cavill as the place now cited where my words are found will inform the Readers eyes These straws being stept over with which the learned Bp. thought to block up our passage Wee come to the point it self Whether King H. the 8th did any more than his Ancestours My L d of D. in his vindication to show hee did no more or made no new law gathers up Instances from our former laws and reiterates them here though sometimes hee uses a phrase louder than h●s proofs how the Pope's were curb'd or limited in their pretences Wee answer'd that
to this that there neither is nor ever was a Papist country in the world For since 't is evident in terms that the King and his complices who made that Pope disclaiming Act were not Papists or acknowledgers of the Pope's Authority after they had thus renounc't the Pope's Authority Again since according to the Bp. the same laws were formerly made receiu'd and executed in England it follows that our Ancestours equally renounced the Pope's Authority also and so could bee no Papists neither and lastly since hee grants equivalent laws infrance Spain Italy Sicily Germany Poland c. it follows by the same reason that those countries are not Papists neither no not the very Papacy it self And so this miraculous blunderer hath totally destroy'd and annihilated all the Papists in the world with one self contradictory blast of his mouth And now Christian Reader can I do any less if I intend to breed a due apprehension in thee of the weaknes of his cause and falshood of this man than appeal to thy judgment whether any mad man or born fool could have stumbled upon such a piece of non sence Dos't not think my former words very moderate and very proper to character this man's way when I said How ridiculous how impudent a manner of speaking is this to force his Readers to renounce their eyes ears and all Evidence Could any man without a visard of brass on pretend to secure men's Souls from Schism a sin which of Schism c. 1. themselves acknowledge as great as Idolatry by alledging such sublimated non-sence for a sufficient excuse or ground when the acknowledg'd fact of schismatizing and renting God's Church cries loudly against them nay more since less motives and reasons cannot iustify such a fact nor a continuance of it to bring such an heap of contradictions for perfect Evidences and demonstrations Pardon mee you whose weaker or seldomer reflections on the certainty of faith and by consequence of the certainty of an eternall concernment in these kind of Controversies make you think courtesy violated by such home-expressions which may breed a smart reflexion and stir up a more perfect consideration in the Readers mind's Examin my harshest words in the utmost rigour as apply'd to his Demerits and if they exceed hold mee for blamed if not then think as reason grants that it is equally moderate but far more necessary to call great and wilfull faults by their right names of Cosenage impudence c. if they deserve them as 't is to call smaller lapses by theirs of a mistake or an oversight How can it ever bee hoped that Truth should bee righted as long as her Adversaries may take the liberty to act impudently against her and her Defenders must bee afraid to tell the world their faults and to say what they do Again were this shameles position of this Bp s some odd saying on the by or some petty branch of his discourse it deserv'd less animadversion but 't is the substantiallest part of his vindication where hee huddles together many laws which de facto consisted with the acknowledgment of the Pope's Authority both in England and other Catholike countries to parallell K. H's which were absolutely inconsistent with it and to show that K. H. did no more than his Ancestours and other Catholikes did So that hee alledges this as a chief ground of their vindication and wee shall see again afterwards an whole Section built on this one particular ground Now had hee grounded himself on a foundation of some sandy probability it had been though still insufficient yet more pardonable and in comparison of the other honourable or on an aiery fancy of some odd Crotchet of his own head as was Dr. H's conciet of the Apostles Exclusive Provinces it had been to bee pittied if sprung from weaknes or laught at if from wilfulnes but to ground his vindication that is to build his and his adherents security from Schism and eternall damnation on the meer vacuum of non sence and perfect cōtradiction confutable by the contrary tenet acknowledgment and sight of the whole worlds eyes is such a piece of shamelesnes that it can admit no sufficient character as a non ens is incapable of a definition As for his particularities entrenching or pretended to entrench on the Pope's Authority whether they were lawfully done or no how far they extended in what circumstances and cases they held in what not how the letter of those laws are to bee understood c. all which the Bp. omits though hee press the bare words it belongs to Canon and secular Lawyers to scuffle about them not to mee I hold my self to the lists of the question and the limits of a Controvertist And Whenas hee asks mee what lawfull Iurisdiction could remain to the Pope in England where such and such laws had force I answer the same that remains still to him in france where you confess equivalent laws have force the same that remains to him still in Spain Italy Sicily c. So that either you must speak out according to the Grounds and say there it not a Papist country in the world that is not a country that acknowledges the Pope Head of the Church which is to put out the eyes of the whole world for wee see de facto that hee is acnowledg'd and exercises Iurisdiction in Catholike counttries or else confess that they retain still something notwithstanding those equivalent laws which you renounc't This something which they still retain more than you doe is that which makes you Schismaticks for rejecting it and is so far from grounding your excuse for which you produce it that it enhances your guilt and Grounds a most iust accusation against you that Whereas such and so many strong curbs were set by the former laws of England as are also in Catholike countries to secure you from the least fear of any extravagant encroachmēts nay by which you confess here p. 36. they kept their priviledges inviolated yet your desperately-seditions humour could neither bee contented with that freedome from too much subjection which your own forefathers and all other countries then in Cōmunion with you enioy'd but you must quite extirpate the inward Right it self totally abolish and renounce the very substance of th● former Ecclesiasticall Government and cast it out of the Kingdome Sect. 4. My L d of Derry's senceles plea from the Church of England's succeeding the British Church in her pretended exemptions from forrain Iurisdiction and the uniustifiablenes of those pretensions The perfect weaknes of his Corroboratory proof and utter authenticknes of the Welsh Pueriles THe scope of his fifth Chapter as himself here acknowledges was to show that the Britannik Churches were ever exempted from forrain Iurisdiction for the first 600. ye●rs Now his book being entitled a vindication of the ●hurch of England to show this whole process frivolous I ask't what this belong'd to us unles it bee proved that their practicks were an
own nature changeable Hee imagins that Dr. Field hath prou'd some thing against us in this point and in answer shall imagin that those of ours who have reply'd to his toyes have disproved what hee is pretended to have proved nor am I further concern'd unles the Bp. had produced some weighty particular out of him which yet wanted answering as hee brings none at all After this hee will needs prove the Council of Trent not to have been a Generall one His exceptions that the summons were not generall that the foure Protopatriarchs were not present by themselves nor their deputies that there were not some present from the greater parts of all Christian Provinces are already shown to bee frivolous impertinent till hee gives us some certain determinate notion of Church and some certain Rule to know what sects in particular are of it what excluded as I have already manifested his Ground could give none For otherwise those who are excluded from or are not of the Church have no right to be Summon'd thither unles to bee call'd to the Barr as Delinquents nor to sit there nor are to be accounted Christians and so the summons may bee Generall all may bee there that should be there and some may bee present from the greater part of all Christian Provinces notwithstanding the neglect or absence of these aliens Hee ought then first put Grounds who are good Christians ought to bee call'd who not ere hee can alledge their not being call'd as a prejudice to the Council Our Grounds why it was generall are these The onely certain Rule of faith and by consequence root of Christianity which can secure us of God's word or any thing else is the immediate delivery or Tradition of forefathers Those therefore onely those who adhere to this root are to bee held truly Christians of the Church those who broke from it any time as did the Protestants professedly the Greeks the rest as evidently when they began to differ from us in any point are not properly Christians nor of the Church therefore a representative of the Church or Council is intire universall Generall though those latter who are not of the Church bee neither call'd Summon'd nor present provided those others who adhere to this root of faith and so are indeed Christians or adherers to Christ's law be Summon'd admitted But such was our Council of Trent therefore it was Generall Now to disprove this Council to bee Generall if hee would go to work solidly the Bp. should first alledge that it was not a sufficient representative of the whole Church which must bee done by manifesting definitely and satisfactorily who in particular are of the Church who not nor can this bee performed otherwise than by showing some Rule root of faith Christianity better qualify'd to bee such that is more certain more plain than this which may distinguish those who are of the Church from those who are not of it or else to convince that the Greeks Protestants Lutherans c. When they began to differ from the Roman innovated not but were found adhering to that immediate delivery otherwise they must confess that all were Summon'd that ought to have been Summon'd all were there or might have been there who ought to have been there and so the Council was Generall Till this bee done all his big worded pretences of the absence of the whole Provinces of the greater part of Christendome want of due summons fewnes of the members present that the Greeks are not known Rebells c. are convinc't to bee but voluntary talk as is indeed almost all this Treatise this being his peculiar manner of discoursing more fit for old wives Gossips at their frivolous meetings then for a Bp. and Controvertist handling matters of faith Hee sayes that the Greeks though Hereticks should have been lawfully heard condemned in a generall Council What needed hearing when themselves in the face of the whole world publikely confessed maintained avowed their imputed fault Condemned they were by generall Councils heretofore though the Bp's particular faculty of saying what hee lists without a word of proof will not allow them to bee such nor yet give us some certain way to know which Councils are such Or had it been an acknowledg'd generall Council and they heard condemned there still the B p. had an evasion in lavender hee laid up in store this reserve of words following that they were never heard or tried or condemned of heresy by any Council or person that had Iurisdiction over them and then hee is secure by talking boldy proving nothing His saying that though they were Hereticks yet they of all others ought especially to have been Summon'd signifies thus much that it is more necessary to a generall Council that Hereticks bee call'd thither than that Orthodox fathers bee so A substantiall peece of sence worthy consideration I brought a similitude of a Parliament that known and condemned Rebells need not bee call'd hee will needs have it run on four feet prosecutes it terribly some of his best trifles I shall reckon up First hee saies the Pope hath not that Authority over a generall Council as a King hath over a Parliament I answer I am so plain a man that I understand not what the Authority of King or Parliament either taken singly or one in order to the other signifies some Kings have more some less Authority so have Parliaments witness those of England France To expect then I should know ●ow great the Authority of King or Parliament is by naming onely the common words is to expect that one should know how long a country is by naming it a country or how big a mountain is by barely calling it a mountain That these have some great bignes and those some great Authority I know by their common names but how great I know not Words my Ld may serve you to give whose cause will not bear sence but they must not serve mee to take Secondly that the Greek Patriarchs are not known condemned Rebells Answer this is onely said again not prou'd and so 't is sufficient to reply that they who call'd the Council all in the Council held them so Again the errors which they publikely maintain'd have been condemned by Councils for the most part some of their own party being present Now why those who publikly profess those Errours should need a further calling to triall or why they are not known Rebells is the B p' s task to inform us Thirdly he sayes that the least Parliament in England had more members then the Council of Trent They were therefore graver and more choice persons The Church summons not parish-priests out of every great town as the common wealth doth two Burgesses out of every corporation Again what was it matters not but might not there bee a Parliament of England without having the fifth part of the members found