Ministers only his Ecclesiastical Sheriffs to execute his Mandates And of this Act such use was made tho possibly beyond the true intention of it that the Bishops of those times were not in a capacity of conferring Orders but as they were thereunto impowered by especial Licence Where he quoteth out of Sanders what is set down below § 145. Which saith he being looked on by Queen Mary not only as a dangerous diminution of the Episcopal Power but as an odious innovation in the Church of Christ She caused this Act to be repealed leaving the Bishops to depend on their former i. e Divine Institution and to act in all things which belonged to their Jurisdiction in their own Names and under their own Seals as in former times In which Estate they have continued without any legal interruption from that time to this Thus He. Now to go on Consequently we find in 2. Edw 6.1 c. the King and Parliament authorizing Arch-Bishops Bishops c. by vertue of their Act to take Informations concerning the not using of the Form of Common-Prayer c therein prescribed and to punish the same by Excommunication c. And in Stat. 5 6. Edw. 6.1 c. it is Enacted likewise concerning the same Common-Prayer Book Established by Parliament That all Arch-Bishops Bishops c shall have full power and authority by this Act to correct and punish by Censures of the Church all persons who shall offend against this Act and Statute Which Clause by vertue of this Act and the like implies that the Bishops might not excommunicate and use the Church Censures for that matter without the King and Parliament's Licence or ought to excommunicate in all matters wherein the King and Parliament command it Whereby we may understand more clearly the meaning of that Act forementioned p. 44. § 26. 26. Hen. 8.1 c. and that 1. Eliz. 1. c. That the Spiritual Jurisdiction there ascribed to the King or Queen involves the Jurisdiction of Excommunication as well as others not for the King to exercise this himself but to appoint when and in what matters the Clergy within his Realm shall execute or not execute it so that they derive the power of exercising of this Ecclesiastical Censure in his Dominions also from the King contrary to the Second and Third Thesis And indeed if the Clergy may not make nor enjoyn any new or old Spiritual Laws may not correct what they judge Heresies Errors Vices c without the Kings consent had thereto See the Acts set down before § 31 32 33 c. it is but reasonable that they should not excommunicate his Subjects without his consent for not obeying such Laws or for being thought guilty of such Crimes And this is the reason I suppose of Dr. Heylins Observation Hist of Reform p. 94. That in those times the Wings of Episcopal Authority were so clipped that it was scarce able to fly abroad the Sentence of Excommunication wherewith the Bishops formerly kept in awe both Priest and People not having been in use and practice from the first of King Edward and of that Suit of Latimer to the King in his Sermon before him quoted ibid That the Discipline of Christ in the Excommunication of open Sinners might be restored and brought into the Church of England § 41 Consequently in the Act of Parliament 3 and 4. Edw. 6.11 c. We find the Kings Power in Spirituals delegated to Thirty Two Persons half Seculars to be nominated by him as was done in Henry the Eighth's days in 35. Hen. 8.16 c. 27. Hen. 8.15 c. 25.19 c. who are authorized to reform the former Laws of the Church and these reformed Laws only established by a major part of them and published by the Kings Proclamation thence forward to stand in force The Statute runs thus Albeit the Kings Majesty ought most justly to have the Government of his Subjects and the Determinations of their Causes as well Ecclesiastical as Temporal therefore you see the Statutes concerning the Bishops determining Ecclesiastical Causes repealed in Statute 1. Edw. 6.12 c. above-mentioned yet the same as concerning Ecclesiastical Causes having not of long time been put in ure nor exercised by reason of the usurped Authority of the Bishop of Rome is not perfectly understood nor known of his Subjects and therefore may it please his Highness that it may be Enacted c that the Kings Majesty shall from henceforth during Three years have full power to nominate and assign by the advice of his Council Sixteen persons of the Clergy whereof Four to be Bishops and Sixteen of the Temporalty whereof Four to be learned in the Common Laws of this Realm to peruse and examine the Ecclesiastical Laws of long time here used and to gather order and compile such Laws Ecclesiastical as shall be thought to his Majesty his said Council and them or the more part of them convenient to be used practiced or set forth within this his Realm in all Spiritual and Ecclesiastical Courts and Conventions And that such Laws compiled by the said Thirty Two Persons or the more number of them and set forth by the Kings Majesties Proclamations shall by vertue of this present Act be only taken and put in ure for the Kings Ecclesiastical Laws of this Realm and no other Any Law Statute or Prescription to the contrary hereof notwithstanding § 42 Again we find in the same Act Six Prelates and Six others such as the King should nominate delegated by the same authority to make a new Form of Consecration of Bishops and Priests and this devised by them and set forth under the Great Seal to be used and none other The words are these Forasmuch as that concord and unity may be had within the Kings Majesties dominions some it seems then devising to themselves new Forms of Consecration and Ordination cut of dislike of the Superstitions of the old it is requisite to have one uniform manner for making and consecrating of Bishops and Priests be it therefore Enacted that such Form as by Six Prelates and Six other Men of this Realm Learned in Gods Law by the King to be appointed or by the most Number of them shall be devised for that purpose and set forth under the Great Seal shall by vertue of this present Act be lawfully used and none other any Law Statute or Prescription to the contrary hereof notwithstanding Here the King and Parliament assume power to abrogate the former common Rituals of the Church and by their Delegates to constitute and by their sole Act to authorize new without any consent and ratification given thereto by any Ecclesiastical Synod And in this new Book of Ordination was inserted this Oath of the Kings Supremacy and renunciation of all Jurisdiction of the Bishop of Rome to be taken by every one entring into Holy Orders I from henceforth shall utterly renounce and forsake the Bishop of Rome and his Authority Power and Jurisdiction And I shall never consent nor
Dr. Heylin p. 23. and altered many things with his own hand as appears by the Book still extant in Sr. R. Cotton's Library And in the Answer which he writ himself to the York-shire Rebels offended with the State of Religion he hath this Clause That he marvelled much that ignorant People would go about to take upon them to instruct him who had been noted something Learned what the Faith should be Without which consciousness and esteem of his own Learning and Abilities it is probable he would have been a more dutiful Son of the Church Her p. 417. and never have owned such a Supremacy in stating Theological Controversies with such severe punishments to all that thwarted his Doctrines Whereby he seemed to act the Part tho he assumed not the Title of the Arch-Bishop of Canterbury to which place his Father is said to have designed him By vertue of the same Supremacy he made Orders and gave Dispensations in matters of Fasts of Holy-days of Election and Consecration of Bishops as you may see in Fox in the King's Injunctions and Proclamations p 960. 999. 1104. and before in § 36. and § 68. § 100 By vertue of such a Supremacy concerning several other Ceremonies as he calls them the King speaketh in this wise Fox p. 1035. in his Injunctions put forth 1539. Commanding that the Holy Bread and Holy Water Procession kneeling and creeping on Good-Fryday to the Cross and Easter-day setting up Lights to the Corpus Christi bearing of Candles on Candlemas-day Purification of Women delivered of Child offering of Chrysomes keeping of the four Offering-days paying their Tithes and such like Ceremonies be observed and kept till it shall please the King to change or abrogate any of them Where note that as Colledges see before § 87. so here Tithes also are conceived to be in the disposal of this Supream Head of the English Church § 101 By vertue of such Supremacy he without any consent of the Clergy 1. by his Vice-gerent Cromwel first ordered That English Bibles should be provided and put in every Church and that the Parson of the Parish say the Injunctions 1536. and 1538. set forth by Cromwel shall discourage no man from the reading or hearing of the said Bible but shall expresly provoke stir and exhort every Person to read the same admonishing them nevertheless to avoid all contention and altercation therein and to use an honest sobriety in the inquisition of the true sense of the same and to refer the explication of the obscure places to men of higher judgment in Scripture Which Publication of the Scriptures in the beginning of his recession from Rome perhaps he was the more inclined to for two things wherein he pleaded much their evidence in his justification The one See Fox p. 1000. That it was unlawful for him to have his Brothers Wife The other That the Pope could not by them claim any Jurisdiction over England He justly therefore relinquishing the one because it was there prohibited and disacknowledging the other because not there commanded Also in this Translation as those words 1. Pet. 2. 〈◊〉 were then and till the end of King Edward's days rendred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 submit your selves unto the King He was declared the chief Head of the Church of England But these words were changed afterward when Queen Elizabeth had refused such Title into King as having the Preheminence and King as Supreme But upon what ground soever it was that he made the Holy Scriptures common to the Vulgar for a time afterward when by three or four Years experience he had seen that so many Divisions came thereby the unlearned and unstable now as in St. Peter's time z. Pet. 3.16 wresting these holy writings hard in some things to be understood to their own destruction when the People had now ceased to depend on the authoritative Exposition of their Spiritual Superiors especially when they had also seen the King and his Vicar Cromwel Lay-men to judge of the Judgments of the Clergy and to reform their former Erments of the Clergy and to reform their former Errors after this experience I say by Authority of the same Supremacy 2. He commands again the Scriptures to be shut up and withdrawn from them prohibiting upon the Penalty of a Months Imprisonment toties quoties that any Woman Husbandman Artificer Yeoman Serving-man Apprentice or Journy-man Labourer c should read them to themselves or to others privately or openly See Stat. 34 35. Hen. 8. 1. c. Because saith the Preface of that Statute his Highness perceived that a great multitude of his Subjects most especially of the lower sort had so abused the Scriptures that they had thereby grown and increased in divers naughty and erroneous Opinions and by occasion thereof fallen into great divisions and dissensions among themselves And if you shy that the Opinions the King calls here erroneous were the Protestant Doctrines discovered by the vulgar from the new light of the Scriptures First you may see the very Opinions as the Bishops collected them in Fox p. 1136. c unownable by any sober Christian Secondly We who have had sad experience what monstrous opinions the vulgar by wresting those farted Writings have taken up in our days may rationally allaw the same incident to former times Of the same thing I find that King much complaining in his Preface also to Necessary Doctrine in this manner Like as in the time of darkness and ignorance so he calls the ages of the Church preceding his own finding our People seduced from the Truth by Hypocrisy and Superstition we by the help of God and his Word have travelled to purge and cleanse our Realm from the Enormities of the same wherein by opening Gods Truth with publishing of the Scriptures our labours have not been void and frustrate So now we perceive that in the time of knowledge so he calls his own times the Devil hath attempted to return again into the House purged and cleansed accompanied with seven worse Spirit and Hypocrisy and Superstition being excluded we find entered into some of our Peoples hearts an inclination to sinister understanding of Scripture presumption arrogancy carnal liberty and contention we be therefore constrained c. And afterward It must be agreed saith he that for the instruction of those whose Office it is to teach the reading and studying of Holy Scripture is necessary but for the other part ordained to be taught it ought to be deemed certainly that the reading of the Scripture is not so necessary for those Folks that of duty they be bound to read it but as the Prince and Policy of the Realm shall think convenient so to be tolerated or taken from it Consonant whereunto the politick Law of our Realm hath now restrained it c. Where note that he puts the just power of this toleration or restraint in the States not in the Church-men's Power Sec the like complaint made by him in his
Doctrine mentioned above before § 45. § 114 To δ. To δ. That if there was then a present necessity of providing for the publick exercise of Religion and Worship so this being a matter of the greatest moment there was also a necessity that the judgment of the National Synod and not only of the Kings private Council should be had therein lest by remedying such things hastily they should be remedied amiss 1. That it is most probable had the Clergy been generally consulted-with herein they would have discovered no such necessity because the same Clergy but a year ago in Henry the Eighth's time at least for a major part of them saw no necessity of charging the Church's Service as appeareth in the first second fifth sixth of the Six Articles ratified as by the King so by Synod And this their judgment not likely to be mistaken because the judgment of the whole Catholick Church for near a 1000 years had been the same using the same publick exercise of Worship which King Edward found in this Church of England See Church Govern 4. Part and therefore some of King Edward's Bishops saw a necessity of leaving their Bishopricks rather than to admit any change thereof § 115 To ε. That the sew things here mentioned are not the only considerable things that passed in King Edward's Reformation To ε. as will be seen by and by and as is manifest in Queen Elizabeth's and the modern Reformation which our Writers contend scarce in any thing to differ from King Edward's But if it be meant that those matters were the main of his Reformation in the beginning of his Reign the Doctrines of the Homilies then also imposed contradict this and the Articles to Winchester before § 108. But now to come to what is said of the points here mentioned § 116 To ζ. 1. That first where a pretension is that the things by the King enjoyned are things evident ζ. and established in the ancient Church the Clergy also ought to be Judge of this especially when the contrary was said in King Henry's days whether evident whether primitive because to judge whether primitive requires much learning and is indeed the chief means by which Controversies are decided namely this the examining how former Church hath interpreted the Scriptures which Scriptures all sides draw to their own sense § 117 But secondly it is denyed 2. that all the Reformation made in the publick Service was established in the ancient Church and affirmed that the Reformation proceeded also further in these points than is here mentioned Thus much is granted to remove here that ambiguity and deceit which lies in Universals That Images and so the veneration or worship of them were very seldome if at all used in the Christian Church for some of the first Centuries That the publick Communion was then most commonly if not always administred in both kinds unto the people That the Divine Service which then as now was celebrated usually in the Latine or Greek Tongue was much better in those days than now understood of the common people Likewise it is granted That the having the Liturgy or Divine Service or the Holy Scriprures in a known tongue is not prohibited nor the using of Images enjoyned nor the Priests administring and the Peoples receiving the Communion in both kinds if the Supreme Church Governors so think fit declared unlawful by any Canon of any Council § 118 But the Reformation of King Edward in these things went further For it translated not simply the former Divine Service into a known Tongue a thing which might easily have been done for Mr. Fox himself hath done so much see p. 1272. in the beginning of Queen Mary's Reign to expose it to laughter and lay open its Errors and Superstitions but changed and altered it of which is made no mention in ζ taking away the Sacrifice of the Mass See Stat. 1. Edw. 6.14 c. Aâ—d Articles sent to Winchester and declaring such thing unbeneficial and vain either pro vivis or defunctis Contrary to the tenent and practice of the Primitive Church which in such sense offered it as is shewed elsewhere in the discourse of the Eucharist and in Chur. Govern 4. Part and Contrary to the declared judgment of the English Clergy but a few years before as appears in the fifth of the Six Articles and declared likewise the Mass-book to have many Superstitions in it and to be full of abuses contrary to the long approbation of the whole Church Catholick in the publick use thereof from age to age without any considerable difference Again his Reformation held no consideration sufficient to deny the Cup to the Communicants contrary not only to the definition of a former Superior Council that of Constance and the declared opinion of the English Clergy in the second of the Six Articles but contrary to the tenent and practice of the Primitive times who sometimes in private Communions administred it only in one kind as is shewed in the discourse of Communion in one kind It took away all private Masses as holding it unlawful for the Priest to celebrate and communicate alone contrary to the ancient practice of the quotidian Christian Sacrifice whether any of the people communicating or no offered unto God for the impetration of his mercies upon the Church and contrary to the declared judgment of the English Clergy in the fifth of the Six Articles In which single communicating of the Priest casually happening if there be any fault made it is to be laid not on the Priests performance of this dayly Service but on the people's indevotion and neglect to accompany him in that holy Banquet Whereas the Church that useth such private Masles wisheth that the Priest might never communicate alone but if this sometimes happen which is not the Priests fault the Church doth not therefore command this Sacrifice of the Eucharist to be omitted quod Sacrificium a publico Ecclesiae ministro non pro se tantum sed pro omnibus fidelibus qui ad Christi corpus pertinent celebratur See Conc. Trid. 22. Sess 6. cap. This loss is a worse thing than the other indecency Lastly It held the veneration of Images or Saints Reliques unlawful contrary to the definition of a former General Council the second Nicene which Council also justifies it by Antiquity Now King Edward's Reformation proceeeding thus far you see interests it self not only in matter of Practice but Doctrine And indeed there could be no such necessity pretended of reforming the publick Service in such a manner had they not judged the former frame thereof to be grounded on some erroneous opinions But had the Reformation only translated the former Church Liturgies and Scriptures into a known Tongue administred Communion in both kinds thought fit not to use Images changed something of practice only without any decession from the Church's Doctrines 't is probable the Church-Governors would have been facile to licence these
Antiquit-Brittan p. 339. And you see by the Testimonies forecited how many suffered for opposing the Kings Injunctions and particularly this new Form of Common-Prayer and how many more of the old Clergy are said to have opposed them in every place where they might hope for impunity insomuch as that this Book in many places was not so much as heard of and how a major part even of the Bishops are by Protestants confessed in their conformity only to have used an ontward compliance and dissimulation Lastly 3. From what they so many as remained of them did immediately after King Edward s time so soon as this Yoke of fear was removed in the entrance of Queen Mary at which time they threw-off their former vizards and plainly renounced not only the rest of the Reformation the fruit but also the Regal Supremacy i. e quoad talia the root Nor could fear when the Sovereign power rechanged ever make them taught by long experience to take up again their former disguise amongst whom the major part of those seven Bishops chosen to compose the new Common-Prayer-Book who survived to Queen Mary's days namely Day Thirlby and Goodrich Skyp Bishop of Hereford and Holbeck Bishop of Lincolne being dead before deserted this new Form and returned again to the Mass And it is probable that some of those Bishops who by Queen Mary were ejected for Marriage some of them even after a Monastick profession conformed themselves likewise to the old Religion because tho they lived here at home in so inquisitive and severe times we find not that they were restrained or proceeded against as Hereticks Such were Holgate Bird Bush c. § 128 Now since such were the inclinations of all or most of King Edward's first Clergy and to be swayed only from the profession thereof by fear no marvel if his Council went about reforming at the first by vertue of the new Supremacy before the calling of any Synod save that wherein Arch-Bishop Cranmer was frustrated of his intentions And Dr. Fern Exam. Champ. 2. c. § 8. makes this Apology for such proceeding That Reformation of Gods worship may be warrantably done without a foregoing Synodical vote where there is just and apparent cause of fearing more danger from the persons which are to be convocated and the times wherein they are to assemble To which purpose saith he sounds that known complaint of Nazianzen That he saw no good end of Councils spoken by reason of the prevailing faction of the Arrians in his time We cannot say the Sovereign Prince is bound in the way of prudence always to receive his directions from a vote in a Synod especially where there is just cause of fear I suppose that he means Fear that the Synod will go contrary to what the Prince thinks to be right but he may have greater reason to ask advice from persons free from the exceptions of factious interests to which the most of them that should meet are apparently obnoxious And saith he how far this was considerable in the beginning of King Edward's Reign i. e till the King had otherwise moulded the Members of the Synod or whether such fear made them forbear to put it at first to a Synodical Vote I cannot say Thus Dr. Fern. § 129 And much-what in the same manner doth Dr. Heylin Eccles Vindic. 2. Par. 5. § p. 82. discourse of King Edward's Reformation to shew you that our modern Writers are not without some apprehension of the neglect of the Church authority in it Which reviving saith he of the ancient Forms of Gods worship rather than the introduction of a new as the King Edward did here in England by his own authority the body of the Clergy not consulted in it so possibly there might be good reason why those who had the conduct of the Kings Affairs thought it not safe to put the managing of the business to a Convocation and then having shewed that such change of Religion would be both against the reputation and profit of the Clergy he goes on So that as well in point of reputation as of profit besides the love which many of them had to their former Mumpsimus it was most probable that such an hard piece of Reformation would not easily down had it been put into the power of a Convocation especially under a Prince in nonage and a State unsettled Thus he As for that which afterward he saith That this was passed by the Bishops when it passed in Parliament the Bishops making the most considerable van of the House of Peers It is answered by what hath been said before § 11. n. 2. And what he saith That all was confirmed by the Clergy on the Post-fact in the Convocation of 1552 sall be answered by and by See likewise what the same Dr. saith on the same subject in 1. Par. 6. § p. 36 where after doubting whether several particulars of King Edward's Reformation were done of the Kings meer motion or by advice of his Council or by Consultation With his Bishops For saith he there is little left upon record of the Convocation of that time more than the Articles of the year 1552 He speaks also of Queen Elizabeth's Reformation done after the same sort Thus also saith he in Queen Elizabeth's time before the new Bishops were well setled and the Queen assured of the affection of her Clergy she went that way to work in the Reformation which her two Predecessors Henry and Edward had done before her in the well ordering of the Church she published her Injunctions c. But when the times were better setled and the first difficulties of her Reign passed over she left Church-work to the disposing of Church-men who by their place and calling were most proper for it and they being met in Convocation did make Canons c. And thus if a Prince according to the Sect which himself and his Council favours may take the liberty with coactive power to reform at the first against his Clergy he within a short time no doubt may securely leave the Church-work to Church-men as the Dr. saith and justify his Reformation by his Clergy that is either changed first or terrified § 130 To χ. To χ. These two I grant differ little 1 The Clergy's first motioning to the King 2. or The King 's first motioning to the Clergy a Reformation of something in Doctrine or Manners so that the Clergy uncompelled or forced by the King establish it before it be enjoyned or imposed on any to be observed But this following differs from the former toto coelo viz. When the King directed by some particular Bishops whom he thinks good to advise with proposeth to the Clergy a Reformation in Doctrine not to be consulted on by them and their judgment to be exhibited to him upon the assent or denyal of a major part of whom as having in these things the legislative power such Reformation may be established or laid aside but to be obeyed and
of lawful superiour Councils as may be seen in the several decrees of those Councils set down in Chur. Govern 4. Part compared with these 42 Articles and the Homilies approved by them CHAP. IX Continuation of the same descending to Particulars And of his first Change of the Publick Liturgy § 136 HAving thus described in general the way of King Edward's Reformation H. More particularly and exercising his Supremacy and partly examined the Apologies made for it we will now proceed to nominate to you the several particulars of his Reformation which is usually covered under the name of alteration only of some Rites and Ceremonies as if the Doctrines of the Church suffered no change under him In sending certain doctrinal Articles to be subscribed by the Bishop of Win chester By vertue of such Supremacy then were sent those Articles to the imprisoned Bishop of Winchester to be subscribed containing several points of Doctrine or practice involving Doctrine some of which have been named before 45. proposed to his Subscription not as matters passed by any former Synod but saith the twentieth Article as published and set forth by the Kings Majesty's authority by the advice of hit Highnesse's Council for many great and godly considerations Fox p. 1235. Which Articles the Bishop is required there to subscribe publish and preach upon the pain of incurring such Penalties for not doing the same as may by his Majesty's laws be inflicted upon him § 137 By vertue of such Supremacy the Six Articles which contained matter of Doctrine and Faith Ia repealing the Six Articles passed by Synod in Hen 8. time Stat. 31. Hen. 8.14 c. Fox p. 1036 and that in things of no small moment and which being determined and the observance of them enjoined as well by a Synod as a Parliament justly stand in force till a revocation of them by another Synod of like authority were repealed in the beginning of King Edward's Reign without any such Synod see Stat. 1. Edw. 12. c. and the Members of the Church of England freed from any further obedience to them By which it now became free for any tho having formerly made contrary vows to Marry to omit sacerdotal Confession to preach against the Real Presence and the Sacrifice of the Mass contrary to the decrees of former Councils and this National Synod § 138 Ia seizing on Religious houses and some Bishops lands and denying the lawfulness of Motastick Vows By vertue of such Supremacy this King I mean always the Council in the Kings name and by his authority not only justified the power used by his Father over the possessions of Monasteries and Religious Houses but declared also Monastick Vows to be unlawful superstitious and unobliging Therefore the first Article drawn up for Winchester's Subscription was this That the late King Henry the Eighth justly and of good reason had caused to be suppressed and defaced all Monasteries Religious Houses c. and That the same being so dissolved the persons therein bound and professed to obedience to a person place habit and other superstitious Rites and Ceremonies are upon that order appointed by the Kings Majesty's authority as Supreme Head of the Church clearly released and acquitted of those Vows and Professions and at their full liberty as tho those unwitty and superstitious vows had never been made Thus the Article And hence it was that some formerly Monasticks in King Edward's days married Wives but this Doctrine his Supremacy did deliver contrary to the Doctrine which his Father's Supremacy published See before § 95. This King also continued his Fathers practice in seizing upon that piously devoted means which his Fathers suddain death after the concession of them by Parliament had left undevoured I mean Chaunteries Free-Chappels Colledges Hospitals c. See Stat. 1. Edw. 6.14 c. But this he did upon another pretence than his Father by reason that his Doctrine herein varied from his Fathers His pretence being the unlawfulness of offering the Sacrifice of the Eucharist or giving alms for the defunct but his Fathers pretence who in his Doctrine justified these being quite another as you may see before § 92. And therefore the second Act of Parliament in his Stat. 37. Hâ—n 3.4 c. 1. Edw. 6.14 c. and in his Fathers time that agree alike in the donation of these Revenues yet vary in their prefaces and motives § 139 But in this he went beyond his Father that He began the taking of Bishops lands also Sacriledge now after the gain thereof was grown sweet keeping no bounds After therefore that learned and vertuous Prelate Tonstal left by his Father one of his Governors ejected He I mean his Council and Courtiers for happy was that King of his Child-hood that it preserved him unblameable for these things seized upon that rich and tempting Bishoprick of Durham Of which thus Bishop Godwin The removing of these obstacles the ejected Bishops made way for the invasion of their Widow-Sees For as soon as Tonstal was exauctorated that rich Bishoprick of Duresme by Act of Parliament was wracked the chief Revenues and Customes of it being incorporated to the Crown and the rest so guelded that at this day it scarce possesseth the third part of its ancient Revenues The hungry Courtier finding how good a thing the Church was had now for some years become acquainted with it out of zealous intent to prey Neither could the horridness of her sacred Skeleton as yet so work on him as to divert his resolutions and compassionately to leave the Church to her religious poverty Beside the infancy of the King in this uncertain ebb and flow of Religion made her opportune to all kind of Sacriledge So that saith he we are to thank the Almighty Guardian of the Church that these Locusts have not quite devoured the maintenance of the labourers in this English Vineyard Thus he concerning that Bishoprick who had he lived in these days might hare seen the multiplied generation of those Locusts devour his own Besides Duresme for any thing I can find the Bishoprick of Rochester after 1551 when Scory was removed thence and that of Westminster after 1550 when Thirlby was removed thence were enjoyed by the Crown until Queen Mary's days besides that of Worcester given in Commendam to Hooper to exercise the Jurisdiction and Episcopality thereof with some short allowance for his pains saith Dr. Heylin Hist of Reform under Edw. 6. p. 101. In which Author also see the spoyl committed in those days upon the Bishopricks of Bath and Wells p. 54 of Coventry and Lichfield of Landaff of Lincolne and others p. 100 101. 129. and elsewhere Sure foul things were done in this kind in those innovating times because I find even some of King Edward's favourite-Bishops highly to dislike them For Bishop Ridley in his Treatise Apud Fox 9. 1616. lamenting the State of England relates how he and Cranmer were both in high displeasure with the great ones for
190 NOW instead of these Catholick Bishops expelled being all that then sate Concerning the defects of the Qu. Protestant Bishops remaining since King Edward's days save only Anthony Bishop of Landaff whom Cambden calls the Calamity of his See and who I think can be much challenged by no side in Henry the Eighth's time in Edward the Sixth's in Queen Mary's in Queen Elizabeth's still acquiescing for his Religion on the Princes direction the Queen had onely six others surviving since King Edward's time out of whom to raise her new Ecclesiastical Hierarchy Scory Bishop of Chicester Coverdale of Excester Barlow of Bath two Suffragan Bishops of Bedford and Thetford and one Bale Bishop of Ossery in Ireland amongst whom was no Metropolitan and of whom but one was consecrated in Henry the Eighth's days the other five in King Edward â—s whose times were full of uncanonical Proceedings and liable to several exceptions Again two of which Bishops Scory and Coverdale in King Edward's time came as is said into Bishopricks not void Besides that on another account they as also Barlow were lawfully ejected in Queen Mary's days as being marryed persons two of them Barlow and Coverdale doing this contrary to the Canons both as Priests and as Religious The later of whom also going beyond-Sea in Q. Mary's days there turned Puritan as they are called and in the troubles of Frankford was one of the Opposers of the Common-Prayer-Book of England and after his return See Bishop Bramhal 's Consecrat of Protestant Bishops jâ—stified â—ollinsheâ—d p. 1309. 26. Heâ— 8.14 c. 1 2. Mar. 8. c. at the Consecration of Arch-Bishop Parker refused to wear an Episcopal habit as is found upon Record nor would resume his Bishoprick of Excester but to his dying day lived a private Preacher in London William Allen in the second year of Queen Elizabeth being made Bishop of Excester in his stead As for the Suffragan Bishops as they were in a way and manner differing from former times first set up by King Henry so were they put down again by Qu. Mary and quite laid aside under Queen Elizabeth § 191 This for the reformed Bishops that are said to remain from King Edward's days Concernâ—â—g the defect of the nâ—w Bishop Oâ—dained in Qu. Elâ—zâ—beth'â— days now touching the new ones who were made by Queen Elizabeth I think not fit to trouble my Reader here with an exact discussion of the validity of their Orders by reason of defects either in the Ordainers or the Ordained since such a discourse for the most part Scholastick disputing of the Character Matter Form Intention c. essentially required for the conferring of this Sacrament may better come out in a Treatise a part then interrupt this Historical Narration Concerning these new Bishops and Prieststhen I will briefly only observe two or three things whereof the first shall be the judgment and esteem the Catholick Church has made of these and the like Orders the second that tho these Orders be supposed valid yet were they certainly unlawful and against the Canons and moreover unprofitable yea noxious to those who conferred and received them As to the first sect 192. 1. the new Ordination grew so far suspected as deficient to Queen Mary that in her Articles sent to the Bishops this is one That touching such persons as were heretofore promoted to any Orders Fox p. 1295. after the new sort and fashion of Orders considering they were not ordered in very deed the Bishop of the Diocess finding otherwise sufficiency and ability in those men may supply that thing which wanted in them before and then according to his discretion admit them to minister Bishop Bramhal indeed urgeth this following passage out of Cardinal Pool's Dispensation to prove Consecrat of Protestant Bishops justified 3. c. p. 63. that King Edward's new Form of Ordination was judged valid in Queen Mary's days by Cardinal Pool by the Pope confirming his Acts and by all the Clergy and Parliament of England Ac omnes Ecclesiasticas saeculares ceu quorumvis Ordinum Regulares personas quae aliquas impetrationes dispensationes concessiones gratias indulta â—â—m Ordines quaâ—â— Beneficia Ecclesiastica ceu alias Spirituales matâ—rias praetensâ supremitate authoritatis Ecclesiasticae Anglicanâ— licet nulliter de facto obtinuerint ad cor reversae peâ—â—onae ecclesiae unitati restitutae fuerint in suis Ordinibus Beneficiis per nos ipsos ceu a nobis ad id deputatos misericorditer recipiemus prout multae receptae fuerunt secumque super his opportune in Domino dispensabimus From which words of the Cardinal the Bishop argueth That If King Edward's Clergy wanted some essential part of their respective Ordinations which was required by the Institution of Christ then it was not in the power of all the Popes and Legates that ever were in the world to confirm their respective Orders or dispense with them to execute their functions in the Church Thus the Bishop But if you look narrowly into the words of the Instrument you may observe that the Cardinal very cautiously here First saith not dispensamus or recipimus in the present as he doth in every one of his other dispensings throughout the whole Instrument tho in matters uncanonical dispensamus relaxamus remittimus concedimus c. in the present Tense but here dispensabimus in the future And Secondly saith not singlely dispensabimus but recipiemus per nos ipsos seu deputatos which reception per nos seu deputatos was not necessary for a dispensation with a matter only uncanonical And Thirdly saith not recipiemus simply but with a prout multae personae receptae fuerunt referring to the manner of the reception which had been used formerly in this Queen's days which we find set down in the Queen's thirteenth Article viz. That such new ordained repairing to the Bishop and he finding them otherwise sufficient should supply that which was wanting to them in respect of their Orders as they being before not ordered in very deed And this is the Reason why the Cardinal could not apply in this Instrument a present recipimus or dispensamus for these Ordines as he doth for other things tho here he ingageth to make good to every one such orders as they then bare the title of This is a sence of which the Cardinals words are very capable and seem also to favour and which accords well with the Histories of those times whereas that which the Bishop puts upon them makes them to contradict the publick actions and proceedings both before and after the passing of this act For that the Cardinal when Arch-Bishop of Canterbury and the Roman Bishops held not the Orders received by the new Form sufficiently valid quoad Characterem as it may be gathered from Queen Mary's thirteenth Article forecited and first considered no doubt by her Bishops so it is clear from the Bishop of Gloucester the Popes Legate his degrading Ridley
in their Writings Prelates Bishop Andrews Bilson Carlton Morton Bramhal c. and Doctors Hammond Barrow c who have exhausted this Subject and made it impossible as to oppose it so to add any thing farther in Defence of it I shall choose therefore rather to refer the Reader to these great Men for the lawfulness of this Oath then to imitate this Author in transcribing § 187 Having attacqu'd this Oath in Opposition to repeated Acts of Parliament which guard it against such attempts with the severest Penalties he may more securely fall upon Dr. Fern who pleads that had none of these Bishops been remov'd by Q. Elizabeth Yet the 6 Bishops remaining of King Edward's being restor'd and the vacant Bishopricks supplyed the Popish Bishops would have been outvoted To prevent this Inference our Author tells us 1st That King Edward's Bishops being justly ejected by Q. Mary could not now lawfully act That their ejection was just he supposes we were convinc'd above The Reader therefore according to the Degrees of Conviction which he found there is to pass his judgment here 2dly That Q. Elizabeth could not justly supply the vacant Bishopricks with any Persons but such as the Major part of her present Bishops did first approve of But this if it prove any thing proves too much For if want of the approbation of a major part of Bishops makes the Election and Consecration of a Bishop void then neither was Q. Mary's Hierarchy lawful nor the Acts of her Synods valid if none can be a true Bishop who has not the approbation of a major part of the Bishops of the Province no true Bishop has sat in St. Peter's chair for some Centuries If this rule be admitted it will cut of the Episcopal power of the Bishops of Amasia and Adramyttium A Reply to Chapter the 12th THis Chapter concerns our Ordinations in which I miss the story of the Nags-head a Fable hist out of the world with so much scorn as 't is well and wisely omitted even by this Author But to make some amends for this Omission what is here offer'd is pickt up from the Confutations of our Writers There is not an Objection which has not been replied to by Mr. Mason Arch-Bishop Bramhal and more lately by Dr. Burnet As will more clearly appear if I leave this dispute to be manag'd betwixt the Pamphlet and them Pamphlet The new Ordination grew so far suspected as deficient to Q. Mary that in her Articles sent to the Bishops this is one That touching such Persons at were heretofore promoted to any Orders considering they were not ordered in very deed the Bishop of the Diocess finding otherwise sufficiency and ability in those men may supply that thing which wanted in them before and then according to his discretion admit them to minister A. Bp. Bramhal To this Objection that the Form of ordaining in King Edward's days was declar'd invalid in Q. Mary's days I answer that we have no reason to regard their Judgment They who made no scruple to take away their lives would make no scruple to take away their Holy Orders I answer also and this Answer alone is sufficient to determine this Controversie that King Edward's Form of Ordination was judg'd valid in Q. Mary's days by all Catholics and particularly by Cardinal Pool then Apostolical Legate in England and by the then Pope Paul the 4th and by all the Clergy and Parliament of England This appears clearly from the words of the Cardinal's Dispensation wherein he confirms all Persons which had been Ordain'd or benefic'd in the time of King Henry or Edward in their respective Orders and Benefices From which I argue that if King Edward's Clergy wanted some essential part of their respective Ordinations which was requir'd by the Institution of Christ then it was not in the power of all the Popes and Legates that ever were in the world to confirm their respective Orders or dispence with them to execute their Functions in the Church a Consecr of Protest Bps. Vindicated c. 4. p. 445. A. Bp. Br. W. T. 1. Edit Dub. 1676. Pamphl But if you look narrowly into the words of the Instrument you may observe that the Cardinal very cautiously here saith not dispensamus or recipimus in the present as he doth in every one of his other dispensings but dispensabimus in the future A. Bp. Br. It may perhaps be objected that the Dispensative word is recipiemus we will receive not we do receive I answer the case is all one If it were unlawful to receive them in the present it was as unlawful to receive them in the future a Ibid. Pamphl He saith not recipiemus simply but with a prout multae personae receptae fuerunt referring to the manner of reception which had been us'd formerly in Q. Mary's days which we find set down in the Queen's 13th Article viz. That such new Ordained repairing to the Bishop and he finding them otherwise sufficient should supply that which was wanting to them in respect of their Orders as they being before not order'd in very deed A. Bp. Br. All that was done after was to take a particular Absolution or Confirmation from the Pope or his Legate which many of the principal Clergy did but not all No not all the Bishops not the Bishop of Landaf as Sanders witnesseth yet he enjoy'd his Bishoprick so did all the rest of the Clergy who never had any particular confirmation It is not material at all whether they were confirm'd by a general or by a special dispensation so they were confirm'd or dispens'd with at all to hold all their Benefices and to exercise their respective Functions in the Church which no man can deny b Ibid. Pamphl That the Roman Bishops held not the orders receiv'd by the new Form sufficiently valid is clear from the Bishop of Glocester his degrading Ridley only from his Presbytership not his Episcopacy for saith he We do not acknowledge You for a Bishop Mr. Mason Ridley was consecrated by the old form and therefore this Objection is impertinent c Mas Vindic. Eccl. Angl. l 2. c. 15. §. 10. p 209. Edit Lond. 1625. Pamp. The same You may see in Fox concerning Hooper made Priest by the old form Bishop by the new and therefore degraded in Q. Mary's days only as a Priest Dr. Burnet They went upon this Maxim that Orders given in Schism were not valid so they did not esteem Ridley nor Hooper Bishops and therefore only degraded them from Priesthood tho' they had been ordain'd by their own forms saving only the Oath of Obedience to the Pope a Burn. Hist V. 2 p. 290. Pamph. Again Mr. Bradford made Priest by the new form and therefore in his condemnation not degraded at all but treated as a mere Laick A. Bp. Br. Popish Bishops are no competent witnesses to give evidence concerning the Orders of Protestants If one of us should urge a Determination in either of
Head the Pope Again of the Supremacy of a General Council over particular Churches and so over this of England thus Bishop Bramhal Reply to Chalced. p. 293. upon the words in the Oath and that no Forreign Prelate hath c. A General Council which is no standing Court but an aggregate body composed partly of our selves i. e. of the Prelates of the Church of England is neither included here nor intended General Councils then it seems of which the English Prelates are a part have a Jurisdiction over a particular Church not subordinate to the Secular Governors thereof And if a General Council be once thus admitted I see not how the Head thereof will be totally excluded nor yet inferior Synods Thirdly There is a Supremacy in Spiritual matters Decisions and Decrees I mean as to an independance on the Secular Power for the exercising their office and enacting or divulging of such Decrees belonging to the Metropolitans and their Provincial Synods in all National or Provincial Churches if the First and Second Thesis above stand good § 186 To require therefore upon Oath an utter renouncing of any such Forreign That the renouncing such Supremacy was required of those Bishops or also Domestick Clergy-Supremacy is not lawful But such was required of these Bishops as appears 1. by the express words of the Oath and 2. by the giving of all such Jurisdiction Spiritual and Ecclesiastical as by Any Spiritual or Ecclesiastical power i. e. Forreign or Domestick had thitherto been lawfully used over the Ecclesiastical State of this Realm to the Queen at the same time that this Oath was made See before § 70. And 3. by the practice of these times suitable Neither here are those Pleas good that one may take away a just authority from him who hath exercised an unjust for will Secular Princes admit this Rule concerning themselves Or that any small part of the Church Catholick if declining to joyn with the whole is not obliged to the Constitutions of the whole Or not later ages to the Constitutions of the former Or that no particular Church is tyed to the Constitutions of Superior Councils past or present in matter of Church Government or Discipline but only in matters of Faith Or See Church Gâ—v par 1. sect 38.40.59 2. Par. §. 63. 3. Par. §. 27. n. 2. that the Church of England hath not given her consent to such former Constitutions concerning such Church-Government as well as other Churches All which have been discussed in their places Now if these Bishops were thus unjustly ejected for refusing to take an unlawful Oath it follows Sac. Clerg §. that the Bishops succeeding them were unjustly introduced and consequently their Synodal Acts illegal and void § 187 To prevent which inference I find this pleaded by Dr. Fern Examin Champ. 2. c. p. 84. That so many of Queen Mary's Bishops could not be ejected on any other grouÌ„d so as to reader the Protestant Bishops a major part That had none of these Bishops been removed yet the Queens Reforming-Bishops in Synod would have made a major part For saith he α there were six Bishops remaining of King Edward 's and besides there were many Bishopricks actually void at Queen Mary's death which Bishopricks being supplyed by Queen Elizabeth there was no fear that the Popish Bishops who were very suddenly reduced to Nine by death or by quitting the Land should make the major part had the business of Reformation been put at first to a Synodical Vote Thus He. To which it is added by others β That no new Bishops had been elected into the vacant Bishopricks yet if so many only of these Queen Mary's Bishops should have been displaced as came into the Bishopricks of King Edward's former Protestant Bishops unjustly cast out the six remaining Bishops of King Edward with Landaff joyned to them would have out-numbred the remainder of Queen Mary's Bishops § 188 Reply to α But to these 't is easily replyed To α That 1. First it hath been shewed already That some of these six Bishops could not lawfully now act because justly removed from their Bishopricks in Queen Mary's days of the Suffragan Bishops See before §. 54. c. more by and by Secondly That Queen Elizabeth could not justly and legally supply the then vacant Bishopricks with any persons but such as the major part of her present Clergy which surely were Catholicks and would have admitted no other did first approve of consecrate and confirm Of which see what is said before in the Third Thesis and in the Church-Canons there-cited To which I will add the testimony of Mr. Thorndike Right of the Church 5. c. p. 248. c. The fourth Canon saith he of the Council of Nice requireth that all Bishops be ordained by a Council of the Bishops of the Province sifieri potest Which Council because it cannot always be had therefore it is provided there that two or three may do the work the rest consenting and authorizing the proceeding And this is that which the ordinance of the Apostles hath provided to keep the visible Communion of the whole Church in unity But when among the Bishops of any Province part consent to Ordination part not the unity of the Church cannot be preserved unless the consent of the whole follow the consent of the greater part And therefore it seemeth that there can no valid ordination be made where the greater number of the Bishops of the Province dissent Which is confirmed by the Ordination of Novatianus for Bishop of Rome Which tho done by three Bishops yet was the Foundation of that great Schisme because Cornelius was ordained on the other side by Sixteen Thus Mr. Thorndike § 189 To β. To β. 1. First that those may be lawful Bishops who come into the places of other Bishops whilst living if the other be justly ejected as King Edward's Bishops were Secondly That of the fifteen Catholick Bishops there were only four that came into the place of any Protestant Bishop living when he was first elected thereto namely Heath Bourne Christophorson See before §. 54. and Turbervile into the place of Holgate Barlow Scory and Coverdale For all of the rest Bonner Pate White Goldwell Watson Poole Scot Bayne Oglethorp Thirlby Tonstal succeeded either Catholick Bishops or Protestant Bishops deceased And those four Protestant Bishops were all married persons and so excluded by the Canon and three of them Holgate Barlow Coverdale married Monks But of the fifteen Catholick Bishops there were only two that came into the place of any Protestant Bishop when living which Protestant Bishop had not first entred into the place of a Catholick Bishop when living For Coverdale and Scory Protestants came into the Catholicks Day 's and Voicy's Bishopricks in King Edward's time whilst they living The truth of these things you may see in Godwins Catalogue of Bishops CHAP. XII The Canonical Defects of King Edward's and Queen Elizabeth's new Bishops §
Communion extend their Supremacy as far as the Reformed And here it may not be improper to instance in that right which the Kings of Spain enjoy in Sicily which seems to extend even to those Spiritual powers which our Author calls the chiefest And this I find usher'd in by a Roman-Catholick Writer with an assertion quite * Hist of Eccl. Rev by a Learned Priest in France p. 116. opposite to that which is laid down in this Epistle It even surpasses saith he that which Henry the Eighth of England boldly took when he separated from the Church of Rome The King of Spain as King of Sicily pretends to be Legate à latere and born Legate of the H. See so that he and his Viceroys in his absence have the same power over the Sicilians as to the Spiritual that a Legate à latere could have And therefore they who execute that Jurisdiction of Sicily for the King of Spain have power to absolve punish and excommunicate all sorts of persons whether Laicks or Ecclesiasticks Monks Priests Abbots Bishops and even Cardinals themselves that reside in the Kingdom They acknowledge not the Popes Autority being Sovereign Monarchs as to the Spiritual They confess that the Pope hath heretofore given them that priviledge So that his Holiness it seemes thought even those chiefest Powers of the Church alienable but at the same time they pretend that it is not in his power to recall it and so they acknowledge not the Pope for head to whose Tribunal no Appeal can be made because their King has no Superiour as to the Spiritual Moreover this right of superiority is not consider'd as delegate but proper and the King of Sicily or they who hold Jurisdiction in his place and who are Lay-men take the title of Beatissimo Santissimo Padre attributing to themselves in effect in respect of Sicily what the Pope takes to himself in regard of the whole Church and they preside in Provincial Councils As for the title of Head of the Church which taken by the Reformers so much offends our Discourser this Critical Historian farther observes It was matter of great astonishment that in our age Queen Elizabeth took the title of Head of the Church of England But seeing in the Kingdom of Sicily the Female succeeds as well as in England a Princess may take the title of Head of the Church of Sicily and of Beatissimo Santissimo Padre Nay it hath happen'd so already in the time of Jean of Arragon Castile the mother of Charles the 5th So that this Critick concludes that it may be said there are two Popes and two sacred Colledges in the Church to wit the Pope of Rome and the Pope of Sicily to whom also may be added the Pope of England What Jurisdiction Spiritual the King of France challenges will best be learnt from the Liberties of the Gallican Church publish'd by the learned Pitthaeus and to be found in his Works Two of them which seem to come home to our purpose are these * Le Rois tres Chrestiens ont de tout temps selon les occurrences necessitez de leur pays assemblè ou fait assembler Synodes ou Conciles Provinciaux Nationaux esquels entre autres choses importantes à conservation de leur estat se sont aussi traitez les affaires concernans l'ordre discipline Ecclesiastique de leurs pays dont ils ont faict faire Reigles Chapitres Loix Ordonnances Pragmatiques Sanctions sous leur Nom autoritè s' en lisent encor aujourd huy phisieurs ès recueils des Decrets receus par l'Eglise Universelle aucunes approuvees par Conciciles generaux The most Christian King hath had power at all times according to the occurrences and necessity's of his own affairs to assemble or cause to be assembled Synods or Councils Provincial and National and therein to treat not only of such things as tend to the preservation of his State but also of affairs which concern the Order and Discipline of the Church in his own Dominions and therein to make Rules Chapters Laws Ordinances and Pragmatick sanctions in his own Name and by his own Autority Many of which have been received among the Decrees of the Catholique Church and some of them approv'd by General Councils * Le Pape n'envoy point en France Legates à latere avec faculte ' de reformer juger conferer dispenser telles autres qui ont accoustumè d'estre specifiees par les Bulles de leur pouvoir si non a la ' postulation du Roy tres-Christien ou de son consentement le Legat n' use de ses facultez qu' apres avoir baillè promesse au Roy par escrit sous son sein jurè par ses Sainctes Ordres de n' user desdites facultez e's Royaume pays terres Seigneuries de sa sujettion si non tant si longuement qu'il plaira au Roy que si tost que le dit Legat sera adverty de sa volonte ' au contraire il s' en desistera cessera Aussi qu' il n' usera des dites facultez si non pour le regard de celles dont il aura le consentement du Roy conformement à iceluy sans entreprendre ny faire chose au Saincts decrets Conciles generaux Franchises Libertez Privileges de L'Eglise Gallicane des Universitez estatez publiques de ce Royaume Et à cette fin se presentent les facultez de tels Legats a la Cour de Parlement ou elles sont veus examinees verifiees publiees registrees sous telles modifications que la Cour voit estre à fair pour le bien du Royaume suivant lesqnelles modifications se jugent tous les process differents qui surviennent pour raison de ce non autrement The Pope cannot send a Legat à latere into France with power to reform judge collate or dispence or do such other things which use to be specified in the Bull of his Legation except it be upon the desire or with the approbation of the most Christian King Neither can the said Legate execute his Office untill he hath promised the King in writing under his seal and sworn by his holy Orders that he will not use the said Legantine power in his Kingdom Countreys Lands and Dominions any longer then it shall please the King and that so soon as he is admonish'd of the Kings pleasure to the contrary he will cease and forbear and that whilst he doth use it it shall be no otherwise exercis'd then according to the consent of and in conformity to the King without attemping any thing to the prejudice of the Decrees of General Councils the Franchises Liberties and Priviledges of the Gallican Church and the Universities and publique Estates of the Realm And to this end they shall present the Letters of their Legation to