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A58699 The religion established by law, asserted to conduce most to the true interest of prince and subject as it was delivered in a charge, at the general quarter sessions of the peace, held at the borough of Newark, for the county of Nottingham, by adjournment for taking the oaths of Supremacy, &c., according to the late act of Parliament July 21th 1673 / by Peniston Whalley Esq. Whalley, Penistone. 1674 (1674) Wing S1535; ESTC R183102 23,556 38

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Ecclesiasticam jurisdictionem habuisse consequitur It is agreed of all hands that no man can appropriate any Church with cure of souls because it is wholly an Ecclesiastical affair and to be appropriated to an Ecclesiastical person except one that hath Ecclesiastical jurisdiction but William the first King of England did do it from whence it must follow that he had jurisdiction Ecclesiastical Now if the Kings of England had Ecclesiastical Jurisdiction as it appears they had by the exercising of it notwithstanding the decree of a little Council or Conventicle to the contrary which decreed that no spiritual person should enter into any Church by any secular person Con. Mant. where was the Popes Almighty Power almost that he pretended to about that time in every thing By the ancient Laws of the Church of Rome the issue born before marriage is as lawful inheritable marriage following as otherways yet that was never allowed in England for all the Popes power as may appear by the Statute of Merton 20 H. 3. when the Bishops instanted the Lords that they would assent that the Custome of England should conform to that of Rome in that particular received this for answer Nolumus Leges Angliae mutare Cooke 5. Rep. we will not change the Laws of England By this may be seen what a small influence the Popes had even at that time upon our Parliament notwithstanding the assistance of the Bishops and mitred Abbots Yet afterwards P. Inno. 4. occasionally with a great deal of Magisterial Indignation being very angry that Grosted Bishop of Lincoln refused a Nephew or nearer Kinsman Fox p. 407. for a Prebend of that Church said that the King of England was his Vassal Mancipium his Page his Slave reflecting I suppose upon that submission that King John as the Emperour Frederick said in his Letter to Henry the third his son more like a woman than a man made to Pandolphus the Legate yet Edward the first that Heroick Grandchild of that unfortunate Prince was of another sort of mettal for in his Reign a Subject brought a Bull of Excommunication against another Subject of this Realm and published it to the Lord Treasurer of England and this was adjudged Treason by the Ancient Common Law of England against the King his Crown and Dignity for which the offender should have been drawn and hang'd but at the great instance of the Chancellor and the Treasurer he was only abjur'd the Realm for ever Certain Messengers had from the Pope serv'd Process upon an Officer of Chancery then held at York Vid. le Regist f. 224. to command him by those Bulls to appear at Rome for this contempt the party that served the Process was committed to York Castle and at length the Kings Majesty by the entreaty of divers great men of the Realm was content upon taking bond that he should answer the said contempt ad proximum Parliamentum nostrum ubicunque illud summoneri contigerit at our next Parliament where ever it happens to be assembled or summoned to deliver him out of Prison Edward the first presented his Clerk to a Benefice within the Province of York who was refused by the Arch-Bishop for that the Pope by way of Provision had conferred it upon another the King thereupon brought a Quare non admisit the Bishop pleaded that the Bishop of Rome had long time before provided to the said Church as one having supream authority in the Case and that he durst not nor had power to put him out who by the Popes Bull was in possession For which high contempt against the King his Crown and Dignity in refusing to execute his Soveraigns command fearing to do it against the Provision by judgment of the Common Law the Lands of his whole Bishoprick were seized into the Kings hands and lost during life So all these Presidents considered it is no wonder if that bold Briton who publish't the Excommunication against Queen Elizabeth in Pius Quintus his time met with the sinister accident of a Halter For if it be treason in a Subject to do so against a Subject as it was adjudged in Edward the first his time a fortiori as my Lord Cooke says it is treason for a Subject to do so against his Soveraign It may very well be asked now considering these high Practices and some strict Laws to abate the power of the See of Rome how the Pope could possibly have so considerable an Interest as we know or at least believe he had in Henry the eighth's time The Statute of Provisors of Benefices of 27 Ed. 3. gives you a reason to that time in these words That though the Statute of Ed. 1.25 * Which Statute is not in the printed Statutes either by negligence or probably because it was made at Carlile the Roll was not transmitted to London stands good yet by sufferance and negligence it hath been attempted the contrary The Pope afterwards got ground by the remiss latter end of Edward the third's Reign and the whole one of Richard the second who though he made the strict Law of premunire yet it did much abate of the strictness of the Common Law before spoken of which unhappy Prince was deposed and murthered by his Cosen and Vassal Henry of Lancaster who though the murthered Prince left neither Children nor Friends yet by reason that the murtherer was not next Heir at Law he was a little uneasie all his Reign so that he was forced to comply by reason of the badness of his title contrary to the humor of his great Father with the ill designs of the Roman Clergy who of all are the best at soldering crackt titles and make bloody Laws against the Lollards under the notion of Heretiques H. 42. c. 15. yet Henry his son who had no fault but his title let them know other I will not say better things by suppressing the Priory Aliens which was all that was done to shew the Courage of the English Kings in that particular till H. 8. who was if you peruse the Chronicles the first that had leasure to question his Holinesses encroachments upon this Monarchy Neither was the Supremacy much more ancient abroad Ros Hist W. Chronolog for the first that had any thing like it was Boniface the third to whom Phocas about 606 granted that he should be the head of all Churches 't was that Phocas that murther'd his Lord and Master Mauritius and to say the truth the Popes have arrived to that height they now pretend to by the wickedness of Usurpers who having no title themselves made little regard what they gave to others to countenance their own Rapine yet this grant was not so authentique as to make the succeeding Popes stand upon their own legs for the first downright opposer of the Emperour was Constantine the first who opposed Phillipicus about Images and not only so but for the greater affront Stilling Fanat
we of Bishops They that is the sober part Clevel for There is a Church as well as Kirke of Scots wave enthusiasms and such like dreams and make the Scripture the rule of Faith as well as of manners all the difference then lies in the construction of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which they say signifies a preaching ruling and sometimes a lay-elder and our Divines and doubtless with more reason say a Bishop and such an one as hath superintendency over Presbyters too but this having been the subject of the learned pens pro and con I shall say no more but that many of them are worthy in their generations and eminent both for Learning and Piety and have been instrumental too in the Kings and consequently the Churches Restauration let them now come into her bosome who is always willing to receive them and reap at least the fruits of those worthy labours least the controversie betwixt us and them be decided by a third party as that of the Mouse and the Frog in the Fable was to the ruine of both the gladiators And I hope there may be an expedient found out for it for I am sure the Church of England is not of the humor of Pope Paul the fourth Cor. Trid. p. 406. who said rather then he would loose one jot of his due he would see the whole world ruin'd It cannot be said that they were ever immediately guilty of any Soveraign Princes blood yet they were a little School-men like too nice in the distinction betwixt the Politique and the Personal capacities of Princes and did a little too inconsiderately swallow the Vulgar Error of the Kings being one of the three * I humbly propose to those worthy persons of that judgment whether the making the King an Estate makes him not a co-ordinate power and where such is then in reason all matters are to be decided by majority of suffrages and how that will lesson Majesty he is very shallow that cannot discern Estates not having a due regard to the ill consequences of both which naturally are such as must render the assertours of those opinions liable at least to a suspition that they have been far from being zealous in every thing that may advance a peaceable conversation amongst men The next in order is the Church of England whose Credenda matters of Faith are according to the holy Scriptures and the first four general Councils and are such as all her opposers but the buzzardly Quakers believe or at least pretend so to be true and Orthodox she claims a succession of Bishops from the Apostles and hath as much authority for it notwithstanding the Fryer-like tale of the Nags-head-Tavern as any of the most potent of her adversaries she directs Prayers to God according to his command and not to the uncertain ear of a Creature intercessor in fine she believes according as they believed in the purest primitive times and directs mens practice accordingly and though her directions are not so successful perhaps as then yet then there were immoralities as may be seen by the irregularities in the infant Church of Corinth and the impurities amongst the Nicholaitans and filthy Gnostiques it can no more be attributed to her then the Idolatry of the old Israelttes could be to Moses who directed them otherways I shall not use many Arguments for truth needs not many Champions but only say That if Loyalty and Obedience to Lawful Authority be an argument of a peaceable conversation the Church of England is to be preferred before all others of our Cognizance witness her brave and patient suffering during the almost 20 years of tumult and tyranny in which her sons asserted their allegiance with so much chearfulness to the loss of their lives and fortunes as is not to be parallel'd in any age to whose restless endeavours and constant struglings against the pretended powers his Majesties happy return may more justly be attributed then to any other second Cause Independency it self was not more eminent for Rebellion then she for Loyalty which is as inseparable from her as light from colour for it s as well known as a Negative can be that never any of her sons ever made defection as to that except one Apostate Bishop which is the less to be wondered at considering there was a Judas amongst the twelve since the Reformation from Rome and though many did pay obedience to the late powers yet it was for wrath not conscience sake All this considered it will appear no great wonder if her sons be still kindly lookt on by his Majesty according to the saying of his Royal Unkle to his Cardinal upon another occasion There was no reason he should forsake them that loved him Lust Ludo. p. 169. to humor the Caprichio's of those that did not love him So what the Spirit said to the Church of Philadelphia may I hope without presumption be applied to that of England Rev. 3.10 Because thou hast kept the word of my patience I also will keep thee from the hour of temptation which shall come upon all the world to try them that dwell upon the Earth Now we come to the Church Triumphant that of Rome whose Grandeur hath o're gone all the Churches that ever were in the pomp and vanity of this wicked world she professes the well-bred that is the Travelling Religion and thinks I suppose that we are as discerning in the point of Religion as we are in that of Cloaths in love with every thing that is Forraign she would never offer else to impose all her little tricks upon us The two Pillars or Staves Zec. 11. v. 7. on which this mighty Machine of Popery is supported are not Gods staves of beauty and bands but Supremacy and Infallibility Pope Boniface the 8th was a great Asserter of the former when he made it Authentick Law in these words We say and define and pronounce that it is absolutely necessary to salvation for every humane Creature to be subject to the Bishop of Rome A new Article of Faith never heard of amongst the Ancient Creeds Antiquity making out the contrary Cited by L. Cook Re. 5. For S. Edw. Laws c. 19. delivers this for Law Rex autem qui vicarius summi Regis est ad hoc constitutus est ut Regnum populum Domini super omnia sanctam Ecclesiam regat defendat ab inimicis maleficos autem destruat By this you may see that the King was owned by the Law then to be Gods Vicar or Vicegerent not foreseeing the proud decree of Boniface Inter omnes convenit quod nemo possit appropriare ullam Ecclesiam cui animarum cura incumbit cum sit res Ecclesiastica Ecclesiastica personae approprianda nisi ille qui jurisdictionem habet Ecclesiasticam sed Gulielmus primus ex se sine quovis alio Ecclesiarum curam personis Ecclesiasticis ut Rex Angliae appropriavit unde ipsum