Secondly I proved it by one of the Principall Statutes themselves those terms of Law which declare old Law are not the same with those which enact new Law This proofe is demonstrative He urgeth if there were something new it was new and a Statute we Englishmen use to term a Law So if he new turn his Coat there is something new yet we English men say his Coat is and old Coat for all that Magna Charta or the great Charter of England is an old Law yet it hath been renewed or newly declared by almost every succeeding King New Statutes may declare old Lawes He saith I cite two Protestants Fitz-Herbert and my Lord Cooke both of mine owne party to speake in behalf of Protestants I cite no Protestants as Protestants nor to speak for Protestants nor as witnesses in any case in difference between Protestants and Papists but I cite two great English Iudges as Iudges to speak to the Difference between a Declarative Statute and an Enactive Statute by the Law of England and who could be so proper witnesses of the Law of England as they Secondly who told him that Fitzherbert was a Protestant No more a Protestant then himself for any thing that ever I could perceive He was a great Iudge lived in Henry the eighths time and writ sundry workes Where he setteth down the Charge against a Papist he doth it in such a manner that it can hurt no man except he will confesse himself to have done what he did obstinately and maliciously but where he setteth down the charge of a Iustice of Peace against Hereticks or Lollards he giveth it home But Mr. Serjeant hath the art to make Protestants or Papists of whom he list so it serve his present turn Thirdly though Fitzherbert and my Lord Cooke had said nothing yet the case is as cleare as the light that this very Statute is Declarative of old Fundamentall Law not Enactive of new Law And this I prove first by view of the Statute it self He that hath but half an eye in his head may easily discern the difference between an Enactive Statute and a declarative Satute An Enactive Statute looketh onely forward to the time to come and medleth not at all with the time past but a declarative law looketh both wayes backwards and forwards forward to the time to come and backward to the time past Again the very from and tenour of the words is not the same in an Enactive Statute and in a Declarative Statute An Enactive Statute regardeth onely what shall be but a Declarative regardeth what is and what hath been an Enactive Statute createth new Law by the authority of the present Lawgiver a Declarative Statute cōfirmeth old Law and is commonly grounded upon the Fundamentall Constitution of the Kingdome Now then let us take a view of this very Law By divers old authētick histories and Chronicles it is manifestly declared that this realm of England in an Empire and so hath been accepted in the world governed by one supreme head and King c. unto whom a body Politick compact of all sorts and degrees of people divided by names of Spiritualty and Temporalty owe next to God a naturall obedience he being instituted by the goodnesse of God with plenary power to render finall justice for all matters You see plainly that this Statute looketh both wayes forward and backward and doth not onely create new Law but also declare what hath been what is and what ought to be the perpetuall Law of England By diverse old authentick Histories and Chronicles it is manifestly declared c. then it is manifest that this is a declarative Law He saith I quote the Schismaticall King himself and the Schismaticall Parliament to speake in their own behalf By his leave he is mistaken I ground not my reason upon the Authority of the King and Parliament but upon the form or tenour of the Statute whether these words doe contain the form of an Enactive Statute or a Declarative Statute Secondly if I did so yet he hath no reason to complain of it who maketh the Pope and his Councell to be the last Iudge in his own case Thirdly I shall be bold to scrue up this pin a note higher and tell him that if Henry the eight did make himself the last Iudge in those differences between him and the Papacy which concerned the Church and Kingdome of England he did no more then many other Christian Kings and Princes have done before him as I have shewed in the Empire Spain Italy Brabant c. Fourthly if that which was decreed in this Law was decreed in former Lawes standing in full force and unrepealed then it is not Enactive of new Law but Declarative of old Law but I have produced him the Lawes themselves wherein the self same things have been decreed and he turneth his back upon them and referreth us to the Canonists for an answer Lastly it is so far from being true that those Statutes made by Henry the eighth were new Lawes tha◠those ancient Statutes of Clarendon of Carlile the Articles of the Clergy the Statutes of Provisors were no new Lawes when they were made but new declarations of the Fundamētall Lawes of England or of the Originall Constitution of the English Empire as appeareth undeniably by the Statutes of Clarendon the Statute of Carlile and the Statutes of Provisors wherein the same truth is affirmed as positively as I can do it But now Reader wilt thou see a convincing proofe of the extreme carelesnesse and unconscionable oscitance of this great Champion who writeth his answers at Randome and never so much as readeth what is objected against him I cited two Statutes the one of 24. Hen. 8. cap. 12. the other of 16 Ric. 2. cap. 5. The Printer citeth them right i◠the margent but a little confusedly but when Mr. Serjeant commeth to answer them he confoundeth them indeed attributing Richard the seconds Statute to Henry the eighth And lest any man should excuse him and say it was the fault of the Printer heare him he alledgeth another Statute made in the 24. of Henry the 8 Yes well guessed otherwise called the 16. of Richard the second And a little after what maters it what this Statute sayes being made two yeares after his unlawfull marriage with Anna Bullen I know not where he learned this except it was from the old Puppet player who would have Queen Dido to be Richard the thirds Mistresse he might perchance have such another odde Fancy that Richard the second was Anne Bullens Servant That which I observe in earnest is this that he answereth at Random to he knoweth not what and never peruseth that which is objected against him If it had been some rare piece that was cited that he could not have come by it it had bene the more pardonable but it is an English Statute which he might have found in every Bookebinders Shop in every Lawiers Study in every Iustice
fourth Custome was this that when an Arch Bishoprick Bishoprick Abbacy or Priory did fall void the Election was to be made by such of the Principall Dignitaryes or Members of that respective Church which was to be filled as the king should call together for that purpose with the kinges consent in the kings own Chappell And there the person elected was to doe his Homage and Fealty to the King as to his Liege Lord The Pope had no part to Act neither to collate nor consent nor confirm nor Institute nor induct nor ordeine The Second Law is the Statute of Carlile made in the time of Edward the First The summe of it is this That the king is the Founder of all Bishopricks and ought to have the Custody of them in the Vacancyes and the right of Patronage to present to them And that the Bishop of Rome usurping the Right of Patronage giveth them to aliens That this tendeth to the annullation of the State of holy Church to the Disinheriting of Kings and the Destruction of the Realm And they ordained in full Parliament that this is an Oppression that is as much as an entroachment or Vsurpation and should not be suffered The third law was made in the 15th yeare of Edward the third called the Statute of Provisors wherein they affirm that Elections were First granted by the Kings Progenitors upon a certain form or Condition to demand Licenfe of the King to chuse and after the Election to have his Royall Assent Which Conditions not being kept the thing ought by reason to resort to his First nature And there fore conclude that in case Reservation Collation or Provision be made by the Court of Rome of any Arch Bishoprick c. Our Soveraign Lord the King and his Heirs shall have and enjoy the Collations for the same time to the said Arch Bishopricks Bishopricks and other dignityes Elective which be of his Aavowre such as his Progenitors had before the free Election was granted They tell the King plainly that the Right of the Crown of England and the Law of the Land is such that the King is bound to make remedyes and Lawes against such mischiefes And they acknowledge that he is Advowée Paramont immediate of all Churches Prebends and other Benifices which are of the Advowry of holy Church That is as much as Soveraign Patron of the Church Where no Election can be made without the Kings Congé d' Estire or leave antecedent nor stand good without his subsequent consent it is all one as if the Crown did Collate I come next to the second Branch of the First Question about the Patronage of the Church Who hath power to Convocate and Dissolve Ecclesiasticall Assemblyes and whether the Crown or the Pope have usurped one upon another in this particular I cannot tell whether Henry the eighth or Paul the third did mistake more about that Aiery title of the head of the english church Henry the eight supposing that the right to convocate and dissolve Ecclesiasticall Assemblyes and to receive Tenths and First fruits did esseÌ„tially follow this Title And Paul the third declaringe it to be Hereticall and Schismaticall To be head of the English Church is neither more nor lesse then our Lawes and Histories ancient and Modern doe every where ascribe to our English Kings To be Governers of Christians To be the Advocates of the Church To be Patrons and Advowées Paramont of all Churches To be Defenders of the Faâ—h there Professed And to use the Words of the Convocation it self Ecclesiae Anglicanae Protectores singulares Vnicos Supremos Dominos The same body may have severall heads of severall kinds upon Earth as Politicall and Ecclesiasticall and then that which takes care of the Archirectonicall end to see that every member doe his Duty is alwayes Supreme That is the Politicall head This truth Cardinall Poole did see clearly enough and reconcile the seeming difference by distinguishing between a Regall head and a Sacerdotall head This truth the French Divines see wel enough and doubt not to call their King the Terrene head of the Church of his Realme without attributing to him any Sacerdotall right Wee had our Sacerdotall heads too in EnglaÌ„d without seeking for theÌ„ so far as Rome As the Archbishop of Canterbury in the Reigns of our English Monarchs who of old was Nullius unquam Legati ditioni subjectus Never subject to the Iurisdiction of any Legate When the Pope sent over Guy Archbishop of Vienna into England as his Legate throughout Britaigne for the Apostolicall See It was received with wonder and Admiration of all men Inauditum scilicet in Britannia cuncti scientes quemlibet hominum super se vices Apostolicas gerere nisi solum Episcopum Cantuariae All men did know that it was never heard in Britagne that any Man whatsoever had Apostolicall power over them but onely the Archbishop of Canterbury And accordingly the new Legate did speed so it followeth Wherefore as he came so he returned received as Legate by no man nor having exercised any part of his Legantine power This was the ground of that Letter of the English Bishops to the Pope That the Church of Canterbury might not be deprived of its dignity in his times and that he would neither Diminish it him self nor suffer it to be diminished As appeareth by the Popes acknowledgment in his answer But to come up close to the Difference The Question is not whether â—he Bishop of Rome have Authority to call Synods He is a Bishop a Metropolitan a Patriarch a Prince in his own Dominions As a Bishop he may Convocate his Diocesse As a Metropolitan his Province As a Patriarch his Patriarchate under the pain of Ecclesiasticall Censure more or lesse compulsory according to that Degree of Coactive power which hath been indulged to him in these Distinct Capacities by former Soveraigns And as a Prince he may convocate his Subjects under Politicall paines The more these two powers are united and complicated the more terrible is the Censure And therefore our kings would have their Bishops denounce spirituall paines also against the Violaters of their great Charters Spirituall paiues are more heauy then Politicall but Politicall most commonly are more speedy then Spirituall And more certain Spirituall paines doe not follow an erring Key but Politicall doe Neither will I dispute at praesent whether the Bishop of Rome by his reputed Primacy of Order or Beginning of Unity may lawfully call an Oecumenicall or Occidentall Councell by power purely Spirituall which consists rather in Advise then in Mandates properly so called or in Mandates of Courtesy not Coactive in the Exteriour Court of the Church considering the Division and Subdivision of the ancient Empire and the present Distractions of Christendome it seemeth not altogether in convenient Wee see the Primitive Fathers did Assemble Synods and â—ake Canons before there were any christian Emperours but that was by aurhority meerly spirituall they
to pervert as many as they can not to sow good seed in the Lords Field but to superseminare or sow Tares above the wheat We should thank them more to stay at home then to compasse Sea and Land to gaine Proselites as the Pharisees did and made them twofold more the Children of Hell then themselves He saith that this is the solemne Custome of their Church every Good Friday Let it be so but they have not the same incentive and provocation which we have we do not curse and Anathematise theÌ„ the day before as they doe us This Advantage we have over them that we render blessing for cursing which they doe not He addeth that they cannot be understood under the notion of Hereticks first because we acknowledge theirs to be a true Church and therefore not hereticall Secondly they are of Christs Flock already and therefore not reductble to his Flock To the First â— answer that a particular Church which is onely materially Hereticall not formally doth still continue a true Church of Christ. The Bishop of Chalcedon understood these things much better then himself this is confessed by him in the place formerly alleged A particular Church may be really Hereticall or Schismaticall and yet morally a true particular Church because she is invincibly ignorant of her Heresy or Schisme We agree with him wholy in the sense onely we differ in the expression What he calleth really Hereticall we stile materially Hereticall and what he calleth morally a true Church we use to stile Metaphysically a true Church that is by truth of Entity not of Morality Secondly I answer that the Flock of Christ is taken variously sometimes more largely sometimes more strictly more largely for all those that are In domo by outward profession more strictly for those who are Ex domo so in the Church that they are also of the Church by inward Sanctification And our Collect hath reference to this later acception of this word Flock So Fetch them home blessed Lord to thy Floek that they may be saved He taketh it ill that our Church hath chaÌ„ged these words in the Missall recall them to our Holy Mother the Catholick and Apostolick Church into this dwindling puling puritanicall expression of one Floek and one Fold under one Shepheard Whether it be because he hath a Pick against Scripture phrases as sounding too preacherlike or rather because our Church did presume to name the right Shepheard Iesus Christ and not leave it to their Glosses to entitle the Pope to that Office But certainly the Authority of the Catholick Church is not formidable at all to any Genuine Sonnes of the Church of England I doe readily acknowledge that it is the duty of each Orthodox Church to Excommunicate Formall Hereticks and them who swerve from the Apostles Creed as the rule of Faith but this doth not oblige the Church of England to Excommunicate all materiall Hereticks who follow the dictate of their conscience in inferiour Questions which are not Essentialls of Faith and do hold the truth implicitly in the preparation of their minds Neither do I ever know that the Church of England did ever excommunicate Papists in grosse qua tales but onely some particular Papists who were either convicted of other Crimes or found Guilty of Contumacy It were to be wished that the Court of Rome would use the same Moderation and remember how Ireneus reproved Pope Victor that he had not done rightly to cut of from the Vnity of the Mysticall body of Christ so many and so great Churehes of God This is that great nonsense which this egregious Prevaricatour hath found in our Collect that the English Church cannot reconcile her doctrine and her practise together Let him not trouble his head with that but rather how to recoucile himself with his own Church He will have prayers to be onely words no works but his Church maketh Prayer Fasting and Almes to be three satisfactory works My third proofe of our Moderation was that we doe not challenge a new Church a new Religion or new holy Orders but derive our Church our Religion our Holy Orders from Christ and his Apostles by an uninterrupted Succession we obtrude no Innovations upon others All this is quite omitted by this great pretender to Sincerity and yet he knoweth or may know that there have been pretended Reformers who have committed all these excesses But he catcheth hold of two words of my defence that we have added no thing I wish they could say as much nor taken away any thing but Errours To the former part he excepteth that he who positively denies ever addes the contrary to what he takes away He that makes it an Article there is no Purgatory no Masse no prayers to Saincts hath as many Articles as he who holds the Contrary I have taken away this answer before and Demonstrated that no negative can be a Fundamentall Article or necessary Medium of Salvation because it hath no Entity That there are an hundred greater disputes and Contradictions among them selves in Theologicall Questions or in these things quae sunt fideâ— materialiter then those three are between us and them Yet they dare not say that either the Affirmatives or Negatives are Articles of Faith The ChristiaÌ„ Church for fifteen hundred yeares knew never more then 12. old Articles of Faith untill Pius the 4th added twelve new Articles And now this young Pythagoras will make us more then 1200. Articles affirmative Articles and Negative Articles Fundamentall Articles and Superstructive Articles Every Theologicall truth shall either be a Fundamentall Article or an indifferent and unconcerning Opinion He saith our 22. Article defineth the Negative to Purgatory yet I like an ill tutored Child tell my old Crasy Mother the Church of England that she lies I hope by this time the Reader knoweth sufficiently that his penne is no slander If the Church of England did ever ill it was when she begot him Neither doe I tell the Church of England she lies nor dissent in the least from the Definition of the Church of England neither doth the Church of England define any of these Questions as necessary to be believed either necessitate medâ—i or necessitate praecepti which is much lesse but onely bindeth her sonnes for peace sake not to oppose them But he himself can hardly be excused from lying where he telleth us the good simple Ministers did sweare to maintein them Perhaps he was one of the simple Ministers did he ever sweare to maintein them did he ever know any man who did sweare to maintein them For him to urge such falshoods after they have been so often detected is double Effronterie Periisse puto â—ui pudor periit He inferreth further By the Bishops Logick these propositions that there are not two Gods that the devills shall not be saved nor the Saints in Heaven damned that there is no Salvation but through Christ must cease to be Articles of Faith and
Councell then there will need no turning out Secondly he objecteth So a man may reject all Government of the Church the Procession of the Holy ghost all the Sacraments all the Scriptures and yet continue a Member of Gods Church Why so When I said the Creed was a â—ufficient Rule of Faith or Credendorum of things to be believed I neither said nor meant that it was regula agendorum a Rule of such things as are to be practised such as the Acts of discipline and of the Sacraments are The Creed conteined enough for Salvation touching the Procession of the Holy Ghost before the words Filioque were added to it and there is great cause to doubt that the Contentions of the Eastern and Western Churches about this Subject are but a meer Logomachy or strife about words The Scriptures and the Creed are not two different Rules of Faith but one and the same Rule dilated in the Scripture contracted in the Creed the end of the Creed being to contein all Fundamentall points of Faith or a summary of all things necessary to Salvation to be believed Necessitate medii But in what particulaâ— writings all these fundamentall points are conteined is no particular fundamentall Article it self nor conteined in the Creed nor could be conteined in it since it is apparent out of Scripture it self that the Creed was made and deposited with the Church as a Rule of Faith before the Canon of the new Testament was fully perfected Arrians and Socinians may perhaps wrest the words of the Apostles Creed to their Hereticall Sense but not as it is explained by the first foure Generall Councells which all Orthodox Christians doe admit He saith they and we differ about the sense of two Articles of the Creed that is the descent of Christ into Hell and the Catholick Church but setteth not down wherein we differ He hath reason to understand our Differences having been of both Churches but I for my part do rather believe that he understandeth neither part right Howsoever it be the Different Sense of an Article doth make an Heretick after it is defined by the Vniversall Church not before He saith he hath already shewed in the foregoing Section that the Protestant Grounds have left no Order and Subordination of Vniversall Government in Gods Church But he hath neither shewn it in the foregoing Section nor any where else nor is able to shew it We have the same subordination that the Primitive Church of Inferiour Clergy men to Bishops of Bishops to Archbishops of Archbishops to Patriarchs and of Patriarchs to a Generall Councell or as Generall as may be Let him shew any one linke of this Subordination that we have weakened I said we acknowledge not a Virtuall Church or one man as infallible as the Vniversall Church He rejoineth Nor they neither I wish it were so Generally but the Pope and Court of Rome who have the power of the Keys in their hands whoÌ„ onely we accuse in this behalf do maintain the Contrary that a Generall Councell without the Pope may erre that the Pope with any Councell Generall or particular cannot erre that the infallibility of the Church is radicated in the Pope by virtue of Christs prayer for S. Peter that his faith should not faile not in a company of Counsailers nor in a Councell of Bishops that the Pope cannot define temerariously in matters of Faith or good manners which concern the whole Church What a Generall Councell is and what the Vniversall Church is and who ought to be excluded from the one or the other as Hereticks I have shewed already namely all those and onely those who doe either renounce their Creed the badge of their Christianity the same Faith whereinto they were baptised or who differing about the sense of any Article thereof have already been excluded as Hereticks by the sentence of an undoubted Generall Councell Howsoever he sleighteth the Controversies which they have among themselves concerning the last resolution of Faith as if they were of no moment yet they are not of so little concernment to be so sleighted What availeth it to say they have the Church for an infallible Iudge whilest they are not certain or do not know what the Church is or who this infallible Iudge is May not a Man say unto them as Elijah said unto the Israelites Why halt ye between two Opinions Or rather why halt yet betwixt five or six Opinions If the Pope alone be infallible Iudge follow him If a Generall Councell alone be this infallible Iudge follow it If the Essentiall Church be the infallible Iudge Adhere to it If the Pope and a Generall Councell oâ— the Pope and a particular Councell or the Pope and his Conclave of Cardinalls be this infallible Iudge follow them He telleth us that their Vniversall Church is as Visible as the sun at Noone day to wit those Countryes in Communion with the See of Rome Without doubt they are Visible enough but it is as Visible that they are not the Vniversall Church What shall become of all the rest of the Christian world They are the elder Christians and more numerous fower for one both Patriarchs and people It is against reason that one single Protopatriarch should cast out fower out of the Church and be both party and Iudge in his own Cause But here it ends not If the Pope will have his Visible Church to be one Homogeneous body he must cast out a great many more yet and it is to be suspected this very Dispatcher himself among the rest for all his shewes They flatter the Pope with Generall Terms of Head and Chief Governour and First Mover which signify nothing but in reality they would have the Pope to be no more then the Duke of Venice is in the Venetian Common wealth that is lesse then any single Senatour Or that which a Generall Maister is in a Religious Order Above all Priours and Provincialls but subject to a Congregation Generall Wherein doe these men differ from us Sect. 8. That all Princes â—nd Republiques of the Roman Communion doe in effect the same thing whicâ— Henry the eighth did when they have Occasion or at least doe plead for it This was the Title and this was my scope of my Fifth ground which I made good by the Lawes and decrees of the Emperours with their Councells and Synods and Electorall College by the Lawes of France the Liberties of the Gallican Church the Acts of their Parliaments and declarations of their Vniversities By the practise of the King of Spain his Councells his Parliaments in Sicily in Castile in Brabant and Flanders By the sighs of Portugall and their bleaâ—ings and the Iudgement of the Vniversity of Lisbone By the Lawes and Proclamations of the Republick of Venice This I made good in every particular branch of Papall power which we have cast out of England the Patronage of the English Church The right to call and confirm Synods to conferre Bishopricks to