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A12213 A reply to an ansvvere, made by a popish adversarie, to the two chapters in the first part of that booke, which is intituled a Friendly advertisement to the pretended Catholickes in Ireland Wherein, those two points; concerning his Majejesties [sic] supremacie, and the religion, established by the lawes and statutes of the kingdome, be further justified and defended against the vaine cavils and exceptions of that adversarie: by Christopher Sibthorp, Knight, one of His Majesties iustices of his Court of Chiefe Place within the same realme. Sibthorp, Christopher, Sir, d. 1632. 1625 (1625) STC 22524; ESTC S117400 88,953 134

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Bishops Abbots Matth. Paris in He●rico secundo Anno 1164. Pryors Earles Barons and great Men of the Realme there was made a rehearsall of some part of the Customes and liberties of his Auncestors as of King Henry his Grand-father and others which ought to be kept in this Realme and observed of all c. Amongst which customes and liberties being sixteene in Number these were some namely That no Archbishop Bishop nor any other person of the Realme may goe out of the Land without the Kings leave And as touching appeales if any be made they shall come from the Archdeacon to the Bishop from the Bishop to the Archbishop And if the Archbishop fayle in doing justice it shall be lawfull to come last of all to the King that by his commandement the matter may be ended in the Archbishops Court So that no man shall proceede to appeale any further without the Kings consent These customes liberties of the Crowne the Archbishops Bishops Abbots Pryors and Cleargie with the Earles Barons and all the Nobles sware and by word of mouth faithfully promised should be kept and observed to the King and his heires for ever simply without any fraud Yea Thomas Becket Archbishop of Canterbury himselfe condescended to them Matth Paris ibidem promised also with an Oath to keepe them although afterward he revolted and brake his Oath and fled to Rome But saith mine Adversarie The Pope of Rome Alexander the third would not confirme these lawes or liberties though the King requested it What of this The liberties lawes and customes of the kingdome were good enough without his confirmation Yet the King perceaving his so just and reasonable a request to be repelled by the Pope was not a little offended thereat and therefore wrote Letters to all his Shiriffes Lieutenants in England on this wise I commande you that if any Cleargie-man or Lay-man in your Countie appeale to the Court of Rome you attach him and hold him in fast-ward till our pleasures be knowne And to his Iudges also he wrote in this sort If any shall be found to bring letters or a mandate from the Pope or from Thomas the Archbishop interdicting the Realme of England Let him be taken and kept in Prison till I signifie what shall be done with him They that wrote the life of the same Thomas Becket doe report it thus Let him be forthwith apprehended for a Traytor In quadrilog de ●ita Thom. Cant and execution done upon him which agreeth with that which likewise pag. 25. cap. 1. of my Booke I cited out of Hoveden where he saith that Si quis inventus fuerit literas vel mandatum ferens Domini Papae ●●veden Henr. 2 c. Capiatur de eo sicut de Regis traditore regni sine dilatione fiat justitia If any shall be found bringing letters or a mandate from the Pope let him be apprehended and let justice be done upon him without delay as upon a traytor to the King and the kingdome Where it is also further said that Generaliter interdictum est ne quis appellet ad Dominum Papam It was generally prohibited that none should appeale to the Pope Wherefore you see that which I wrote concerning Anselmus and concerning Appeales to be verie true Yea how earnest and vehement this valiant and worthy Prince King Henry the second was against the Pope for maintenance of his Regall rights appeareth further by an Epistle of his written to the Archbishop of Colen Matth. Paris in Hen. 2 An. 1168 in these wordes I have long desired saith he to finde a just occasion to depart from Pope Alexander and his perfidious Cardinals which presume to maintaine my Traytor Thomas of Canterbury against me Whereupon by the advise of my Barons and Cleargie I meane to send the Archbishop of Yorke the Bishop of London the Archdeacon of Poictiers c. to Rome which shall publikely denounce and plainely propose in my behalfe and in the behalfe of all the Dominions I have to Pope Alexander and his Cardinals that they maintayne my Traytor no longer but rid me of him that I with the advise of my Cleargie may set another in the Church of Canterbury They shall also require them to frustrate all that Becket hath done and exact an Oath of the Pope that he and his successors as much as in them lyeth shall keepe and observe inviolable to me and all mine for ever the Royall customes of King Henry my Grand-father If they refuse any of these my demaunds neyther I nor my Barons nor my Cleargie will yeelde them any kinde of obedience any longer Yea rather we will openly oppugne the Pope and all his and whosoever in my land shall be found hereafter to adhere to the Pope shall be banished my Realme Here then by the way let me demaund why any Papists doe call this Thomas Becket a martyr whom the King calleth a traytor The manner of his death being done by private violence and not by publike authoritie nor in a legall sort I utterly dislike But is not also his stout standing in that quarrell against his King and against his owne oath also and against the punishing of murtherers theeves and other malefactors by the Kings Lawes if they were Cleargie-men justly worthy to be condemned Or can he that dieth in and for so bad a cause deserve to be called a martyr But such it seemeth be the martyrs of the Popish Church But not onely these Kings of England before mentioned namely King William Rufus King Henry the first and King Henry the second and some others thus contended opposed themselves against the Popes of Rome Ex Lanfranc Epistolis M. S. in Biblioth Cotton Baron Anno. 1079. §. 25. for maintenance of their Regall rights but King William the Conqueror also who was before all these 〈◊〉 the like Kingly opposition For when Hildebrand otherwise called Pope Gregory the seaventh was bold to demaund of the King an oath of fealtie to be made to him as if the King were to hold his kingdome of him as of his Soveraigne Lord. This King would by no meanes yeelde thereunto but sent him a full negative answere writing thus unto him Fidelitatem facere nolui nec volo quia nec ego promisi nec antecessores meos antecessoribus tuis id fecisse comperio I neyther would doe nor will doe fealtie because I neyther promised it nor doe I finde that any of my predecessors have done it to any of your predecessors This answere of the King is extant in an Epistle of his written to the same Pope which you may see set downe more at large by that excellent antiquarie and learned godly divine Doctor Vsher late Lord Bishop of Meath and the now most Reverend and worthy Lord Archbishop of Ardmagh Primate and Metropolitan of all Ireland in his Booke De Christianarum Ecclesiarum successione statu pag. 182. Neyther neede I
to insist onely upon these former Kings of England For doe but reade further the Statutes of Provision and Praemunire made in that kingdome See the Statutes of Provi●ion and Premunire in Rastall fol. 354. c. and thereby you may see at full that many sundrie other Kings of England likewise and the whole Realme also concurring and joyning with them therein have in severall Parliaments made Lawes and Statutes against the Popes incrochments and usurpations in maintenance and defence of their Regall rights freedomes and liberties And among many other good reasons they shew for those their doings this is not the least that they say expressely in one of those Acts of Parliament See this in the Statute of 16. Rub. 2 cap. 5. That the Crowne of England hath beene so free at all times that it hath beene in subjection to no Realme but immediately subject to God and to none other in all things touching the Regalitie of the same Crowne And therefore doe they there utterly dislike in plaine tearmes That it should be submitted to the Bishop of Rome Wherefore it is apparant that even the ancient Kings of England long before the dayes of K. Henry the VIII of famous memorie have stood and contended not onely for the freedome of the Crowne generally not allowing it to be in subjection to any but to God onely but also in a particular sort for divers their particular Regall rights liberties Amongst which you may perceave this to be one namely that Appeales even in Ecclesiasticall causes they would have to be determined within their owne kingdomes and not to be made transferred or carried without their consent to the Pope or Sea of Rome 8 But now what meaneth mine Adversarie to be so extreamely audacious as to denie the first foure generall Councells to have beene called by the Emperors Let therefore the Ecclesiasticall Historie shew and decide it Touching the first generall Councell at Nice Ruffin li. 10. c. 1. Ruffinus saith expressely that Constantinus apud urbem Nicenam Episcopale Concilium convocavit The Emperor Constantine called the Councell of Bishops together at the Citie of Nice Euseb de vita Const. l b. 3. c. 6 lib. 1. cap. 37 Eusebius that wrote the life of Constantine saith of that Emperor that Generalem Synodum congregavit He assembled the generall Councell Socrates saith likewise that Constantine Socrat. lib 1. c. 8 in the greeke cap. 5. in the lat Synodum Oecumenicam congregavit omnes qui fuerunt undique Episcopos in Nicaeam confluere hortatus est Assembled a generall Councell and willed all the Bishops every where to meete at Nice Theodoret saith that the Emperor Theodoret. libr. 1 cap. 17. celebrē illā coegit Nicea Synodum c. Assembled that famous Councell of Nice Sozomen saith that Constantine Indixit Concilium Niceae scripsitque ad omnes Ecclesiarum praesides Soz. lib. 1. ca. 16. lat ut ad diem praestitutum adessent Summoned the Councell of Nice and wrote to all the Prelates of the Churches to be there at the day prefixed And the same Sozomen saith That hee sent his letters to the Apostolicke Seas To Macarius Bishop of Ierusalem to Eustathius Bishop of Antioch To Alexander Bishop of Alexandria and to Iulius Bishop of Rome Who being an old man and not able to come himselfe hee sent in his stead Vitus and Vincentius The Nicene Fathers themselves by their Synodall Epistle Theodoret. lib. 1. cap 9. extant in Theodoret which they wrote to the Church of Alexandria doe restifie That they were assembled by the authoritie of the Emperor Constantine And if the Bishop of Rome had had the power and authoritie to call the Councell he would no doubt being an old man and not able to travell have had it at Rome or in some part of Italy rather then at Nice in Bithinia so farre remote from Rome Nicephorus also saith that Imperator Nicaenam Synodum promulgabat literis locorum omnium Episcopos Niceph. li. 8. c. 14 ad constitutum diem eo evocavit The Emperor proclaymed the Councell at Nice and by his letters called thither the Bishops of all places to be there at the day appointed Zonaras Zonaras saith that Imperator provinciarum Episcopos Niceae Bithini●● urbis convenire jussit The Emperor commanded the Bishops of the Provinces to meete together at Nice Platina in vita Silvestri a Citie in Bithinia And Platina also writeth that this generall Councell of Nice was summoned or called Constantini mandato by the commandement of Constantine the Emperor It is therefore abundantly manifest that this first generall Councell of Nice was called not by the authoritie of any Pope but of the Emperor How then is it not an over great if not a most intollerable impudencie in Papists to denie so manifest and palpable a trueth As touching that answere which Bellarmine and other Papists make when they say That this Councell was called or summoned by the advise and consent of the Bishop of Rome First Ruffin lib. 1. c. 1. Ruffinus saith that it was assembled or called Ex sacerdotum sententia by the advise and consent of the Priests and not of the Bishop of Rome alone Epiphan lib 2. Tom 2. haeres 68 Yea Epiphanius saith That it was obtayned of the Emperor at the suite of Alexander Bishop of Alexandria But secondly it maketh no matter at whose suite or request or by whose advise or consent the Councell was summoned For the question is not by whose perswasion or suite or by whose advise or consent but by whose authoritie it was called Now it is verie apparant that it was called and assembled by the authoritie and commandement not of any Bishop of Rome but of the Emperor The second generall Councell which was the first Constantinopolitane was also called not by Damasus Bishop of Rome but by the Emperor Theodosius the elder This is also evident First by Theodoret who saith Theodor. li. 5. c. 7 Hujus rei gratia Theodosius Episcopas Constantinopoli congregari jussit For this cause Theodosius commanded the Bishops to be assembled at Constantinople Socrat. lib 5. ca. 8 Soz li. 7. c. 6. lat Zonar in Theod. In dedicatoria ad I Theodosium Socrates and Sozomen likewise doe both testifie that Theodosius summoned assembled this Councell Zonaras saith that this second generall Councell was summoned Iussu Imperatoris by the commandement of the Emperor 150. godly fathers being there assembled And the very Councell it selfe speaking to Theodosius doe testifie the same and say thus Wee being assembled at Constantinople by the Letters of your Pietie The third generall Councell namely the first Ephesine was also called not by the authoritie cōmandement of Celestinus Bishop of Rome but by the Emperor Theodosius the younger This is verie manifest Evagr lib. 1. c. 3. for Evagrius saith directly That by the appointment or command of Theodosius