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A26737 The ancient liberty of the Britannick church, and the legitimate exemption thereof from the Roman patriarchate discoursed on four positions, and asserted / by Isaac Basier ... ; three chapters concerning the priviledges of the Britannick church, &c., selected out of a Latin manuscript, entituled, Catholico-romanus pacificus, written by F.I. Barnes ... ; translated, and published for vulgar instruction, by Ri. Watson.; De antiqua ecclesiae Britannicae libertate. English Basier, Isaac, 1607-1676.; Barnes, John, d. 1661. Catholico-romanus pacificus. English. Selections.; Watson, Richard, 1612-1685. 1661 (1661) Wing B1029; ESTC R9065 27,797 82

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was Legate of Gregory the Roman Bishop The same also appears out of the constancy of the Britains in their rejection of the said Augustin whom although sent Express by the Roman Pontifie that hee might preside over the Britains yet saith Bede All the Britain Bishops refused to acknowledge him for their Arch-Bishop as who had an Arch-Bishop of their own whosoever hee then was whom it would not bee hard to know from the prerogatives of his Metropoly and priviledge of his seat in Councils As for the state of the Britannick Churches and their partition it will bee worth our pains to search it in the undoubted Records of the British Antiquity From the very time therefore of Constantine the Great and so of the Nicene Council all Britany was in times past canton'd into three onely Provinces over which were after the Romane manner in temporal affairs three Romane Proconsuls or Praesidents as likewise in spiritual there praesided as many Arch-Bishops commonly called Metropolitans from their Metropolies or principal Cities wherein were resident both the secular and sacred Provost or Metropolitane The first of these three Provinces was called Maxima Caesariensis the Greatest Caesarian or inverted if either way to be Englished the Metropolitan whereof was the Bishop of York The second was called Britannia primo the first Britain the Metropolitane of which was the Bishop of London The third was Britannia secunda the second Britain called the Legionary Metropoly and thereof the Is●ane Bishop or Bishop of Ca●ruske in the Tract or County of Monmouth That was the state of this Metropoly from Lucius unto King Arthur in whose time the Metropolitical dignity was transferred to the Bishop of St. Davids to whom were subject as Suffragans the Welch Bishops until in the time of Henry the first or as some will have it Henry the third the same Metropolitane was reduced under the obedience of the Arch-Bishop of Canterbury Now whatsoever either in the Provinces themselves or Churches was afterward irregularly parjeted from abroad that cannot prejudice the Imperial authority to which belongs as we have before shewed both to dispense the external Government of the Church and to establish the jurisdictions which it limits Much less can a Usurpation advanced by force or fraud derogate from the Oecumenick decrees of the Ancient Fathers or frustrate so many most grave Canons venerable for their age published thereupon such as is the premised 6th Canon of the Nicene Council for the Ancient Prerogatives and the second Canon of the Constantinopolitan by which is charged That no Bishop approach any Churches situate without his bounds which most grave Canon I wish the Bishop of Rome had religiously observed the Peace of the Church had been better assured the Council goes on commanding that all bee kept according to what was defined at Nice And that these may not seem too remote from our Britain the Canon concludes in a general Sanction That all things ought to be done according to that custome of the Fathers in force But that such had been the custome of the Britains as to have all weighty affairs Synodically disputed within themselves appears out of Bede Moreover to have been in use that the Bishops of that Nation were consecrated by one Bishop Baronius himself somewhere observes At that time truly so beautiful was the state of affairs in Britain until some ages after the Council of Nice Augustin the Monk was sent by Gregory who what hee could not by right first by fraud then by the armed assistance of Ethelbert and his new-converted Anglo-Saxons indeavoured to force the Catholick Bishops of Britain to acknowledge and receive him for their Arch-Bishop but they couragiously replied That they could not abandon their ancient Priviledges and subject themselves to the mandates of strangers That any other custome had been in the sacred Government of the British Church no man can ever evince out of genuine Antiquity And so much concerning the second Position The third Position bearing proportion to the second The Britannick Church was 1 with very good right 2 restored by her Soveraign to her Ancient Ecclesiastical Liberty 3 and that according to the Rule of the Ancient Catholick Canons by which was confirmed for the future the intire Liberty of the Churches TO the first whatsoever the Rebels at this day on either side falsely alledge to the contrary it appears out of very many Histories and the Authentick Chronicles that the Kingdome of England hath been an Empire and so accounted in the world which was governed by one supream Head or King both in Spirituals and Temporals and that wholly independent of any forein Prince or Supremacy whatsoever on earth This is the very marrow expressed from the formal words of a statute at large set out to this purpose by the Assembly of Parliament that is of the whole Kingdome in the 24th year of King Henry the eighth chap. 12. At which time the three Estates of England to wit the Clergy Nobility and Commons willing to recall the Ancient Rights of the Kingdome taken away rather by force and power than any Rule of the Canons decreed to have controversies ended within the bounds of the Kingdome without any appeal to foreiners which indeed is one principal prerogative of a Patriarchal Jurisdiction But upon this whole Britannick affair the thing most worthy our observation is That this decree for the liberty of the Britannick Churches was not introductive of a new Law as in spight to the Kings of Britain new upstarts calumniate who are either ignorant of or opposite to the Britannick priviledge but the said decree was onely declarative of an Ancient Custome which had constantly prevailed in England eight hundred years since and so many ages before yea and was intirely renewed as often as occasion required Concerning this most just assertion wee attest the ample Margin filled with a long train of the Ancient Britannick Statutes which the ingenuous Reader may be pleased at leisure to view and consider Whence by induction of parts will appear that this was no new enterprize nor a single irregular act of Henry the eighth alone but that long before the time of Henry the eighth this had been the ancient Supremacy of all the Kings of England over all persons and in all causes whatsoever so well Ecclesiastick as Temporal Wee proceed to the second and prove the Ancient state of the Church to have been such out of the undoubted Monuments of the Britannick Church where first wee may collect out of the fore-cited Venerable Bede as also Henry of Huntington no less than the rest That Augustine the Monk stirred up Ethelbert King of Kent against the Bishops of the Britains because they in behalf of the Ancient Britannick Liberty denied to subject themselves and their Churches unto the Roman Legate Yet further Huntington adds that neither the Britains nor Scots that is the Irish would therefore communicate with the English and
in the Council Essebicus Monach. in Merlin Comment Nicolaus Trivet citat a Do Henr. Spelman Concil p. 111. Galfrid Monumet g 1. The King is a mixt person with the Priest because hee hath as well Ecclesiastical as Temporal Jurisdiction Statut. Anno decimo H. 7. fol. 8. 2. Anno Christi 755. King Kenulphus exempteth the Abbot of Abbington from Episcopal Jurisdiction and the fact of the Kings was judged for legitimate 1. H. 7. fol. 23 25. 3. Among the Laws of Edward the Confessor chap 19 It is said That the King is constituted Chief Vicar that hee may rule the Kingdome and People of the Lord and above all the Holy Church 4. In the time of Edward the First one had brought a Bull derogatory to this right of the Crown for which he was condemned to exile and it was judged that his crime had the nature of Treason 5. 4 Ed 1. The King in Parliament as they speak himself expounded the Canon made at the Council of Lions De Bigamis 6. 16. Ed. 3. The Excommunication of the Arch-Bishop of Canterbury was judged valid notwithstanding the contrary sentence of the Roman Pontifie 7. 17. Ed. 3.23 The King by his Supremacy ex-exempts the Archdeacon of Richmond from Episcopal Jurisdiction as also all Ecclesiastick Colledges and even Monasteries which the King founded were exempt by the same right 8. 27. Ed. 3.84 The King and supream Ordinary present by lapse 9. 33. Ed. 3. Aide du Roy. 103. Kings anointed with sacred Oyl are capable of spiritual Jurisdiction 10. 11. H. 4 37. The Pope cannot change the Laws of England 11. 12. Ed. 4.16 A Legate coming into England ought to take an oath That hee will attempt nothing in derogation to the rights of King and Crown 12. 2. Rich. 3.22 The Excommunications and Judgements of the Roman Pontifie are of no force in England 13. 1. H. 7.20 The Pope cannot erect the prviledge of a Sanctuary in England 14. 25. Ed. 3. It is determined That the Pope hath no right in England of conferring Archbishopricks or Bishopricks 15. 27. Ed. 3. Whosoever by Summons or Sute shall trouble any of the subjects of the King of England without the Realm of England shall incur the loss of all his goods which the Law of England calls Praemunire 16. 16. Rich. 2. cap. 5. It is provided by Law That because the King of England holdeth his Crown immediately from God therefore if any one shall pursue in the Court of Rome any translation whatsoever of process or excommunication c. hee shall incur the same forfeiture of his goods being beside put out of the Kings protection 17. 2. H. 4. It is decreed That the Popes Collectours by vertue of his Bulls have no authority nor jurisdiction in England but that the Archbishops and Bishops of England are the Kings spiritual Judges 18. 11. H. 4.69.76 The Commission of Judges pronounceth with one mouth That the premised Statutes are onely affirmative of the Common Custome of England but not introductive of a new Law It were an easie thing to accumulate six hundred more of this sort but these will bee enough for the Reader nor prejudicate yet hitherto perchance ignorant of these Statutes * Hist. Eccl. l. 1. c. 27. Et 2. c. 4. ad annum 883. † Hist. l. 36. h Hence is that sad complaint apud Bed l. 1. c. 27. of Gregory himself in his Epistle to Augustin In Anglia inqut tu solus Episcopus c. In England saith hee thou art the only Bishop How the onely since out of the Historical context Bed l. 2. c. 2. it appears clearer than the Mid-day light that there were at that time other Bishops in Britain beside Augustin but yet in very deed Augustin was alone because neither the Britains nor the Scots would communicate with Augustin as who accounted him a notorious violatour of the Ancient Ecclesiastick Liberties of the Britannick Island * Bed Histor. Eccl. l. 3. c. 3. † Lib. 3. c. 36. * Lib. 2. c. 2. * Tom. 2. Ephesin Synod append 1. cap. 4. Ep. 18. i Let the Reader see if hee can get Barnes's Manuscript the title whereof is Catholico-Romanus Pacificus chap. 3. De Insulae Magnae Brittanniae Privilegiis for which his sober work that good Irenaeus although hee were of an unblameable life and entire fame yet some years since was as they say carried out of the midst of Paris by force devested of his habit and like a four-footed Brute in a barbarous manner tied to the horse and so violently hurried away first into Flanders afterward to Rome where being first thrust into a dungeon of the Inquisition and then into the prison for Madmen hee died Yet those fierce people not content with his death have indeavoured to extinguish his fame boldly publishing that hee died distracted This Chapter is one of the three translated out of the said Manuscript and herewith published * Some of his own Order suppose him to be still living k Hence is it That Wini being ordained by the Gallick Bishops is received by the Britains even then when they rejected Augustin the Roman Bishop Witness Bede Lib. 3. c. 7. l So that G. Nazianzens Church was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Noah's Ark and St. Hierom breaks out into these horrid words Ingemuit orbis se Arrianum factum esse miratus est The world groaned and wondred that shee was become Arrian m For full ten years after the Reformation under Queen Elizabeth the Roman-Catholicks without scruple communicated with the Protestants until Pius the sixth by his interdictory Bull disturbed all n How well this new Interdiction agreeth with the ancient Oath of the Pope the Reader may judge when as Cardinal Deus-dedit very well notes in his Collection of the Canons the ancient form of the Popes Oath which is yet extant Canon Sanct. Dist. XVI quia Papa jurabat se 4. Concilia servaturum usque ad unum apicem was that wherein the Pope sweared Hee would observe the four Councils to a title Whence the most learned Laschasserius very wittily infers In Consult Venet. thus Non potest igitur Pontifex Romanus jure contendere c. The Roman Pontifie cannot therefore by right contend that hee is superiour to those Canons of the Councils unless hee will arrogate a power unto himself over the four Evangels To this Oath of the Pope agrees the ancient Profession of Pope Zozimus Can. Conc. Statut. 5. q. 5. To decree or change any thing contrary to the Statutes of the Fathers is not in the power or authority of this See See more at large concerning this subject Barnes's Manuscript quo supra Paralipomen ad ss 2. De Conciliis Papa Schismate * That Chapter is likewise herewith printed