in England for sundry ages following that a Dean and Chapter were able to deal with them not onely to hold them at the swords point but to soile them Lastly King Henry the eighth himself had been long a suiter unto Clement the seventh to have his Predecessor Iulius the seconds dispensation for his marriage with his Brothers wife to be declared void But though the Popes own Doctors Universities had declared the dispensation to be unlawfull and invalide and although the Pope himself had once given forth a Bull privately to his Legate Cardinall Campeius for the revocation thereof wherein he declared the marriage to be null and that the King could not continue in it without sinne yet the King found so little respect either to the condition of his person or to the justice of his cause that after long delayes to try if he could be allured to the Popes will in the conclusion he received a flat deniall This was no great incouragement to him to make any more addresses to Rome So what was threatened and effected in part in the dayes of Henry the third and Edward the third was perfected in the reign of Henry the eighth when the Jurisdiction of the Court of Rome in England was abolished which makes the great distance between them and us Different opinions are often devised or defended on purpose to maintain faction if animosities were extinguished and the mindes of Christians free from prejudice other controversies might quickly be reconciled and reduced to primitive general truths The power Paramount of the Court of Rome hath ever been and still is that insana laurus which causeth brawling and contention not onely between us and them but between them and the Eastâ—rn Churches yea even between them and those of their own communion as we shall see in the next Chapter Yea the originall source true cause of all the Separations reformations made in the Church in these last ages As all the Estates of Castile did not forbear to tell the Pope himself not long since in a printed memoriall and the Kingdom of Portugall likewise To conclude this point These former Kings who reigned in England about the years 1200. and 1300. might properly be called the first Reformers and their Lawes of Proviso's and Prâ—munire's or more properly premoneres the beginning of the Reformation They laid the Foundation and Henry the Eighth builded upon it Now having seen the authority of our Reformers and the justice of their grounds in the last place let us observe their due moderation in the manner of their separation First they did not we do not deny the being of any Church whatsoever Roman or other nor possibility of salvation in them especially such as hold firmly the Apostles Creed and the faith of the four first Generall Councels Though their salvation be rendred much more difficult by humane inventions and obstructions And by this very sign did Saint Cyprian purge himself and the African Bishops from Schisme Neminem judicantes aut à jure communionis aliquem si diversum senserit amoventes Iudging no man removing no man from our communion for difference in opinion We do indeed require subscription to our Articles but it is onely from them who are our own not from strangers nor yet of all our own but onely of those who seek to be initiated into holy orders or are to be admitted to some Ecclesiastical preferment So it is in every mans election whether he will put himself upon a necessity of subscription or not neither are our Articles penned with Anathema's or curses against all those even of our own who do not receive them but used only as an help or rule of unity among our selves Si quis diversum dixerit If any of our own shall speak or preach or write against them we question him But si quis diversum senserit if any man shall onely think otherwise in his private opinion and trouble not the peace of the Church we question him not We presume not to censure others to be out of the pale of the Church but leave them to stand or fall to their own Master We damne none for dissenting from us we do not separate our selves from other Churches unlesse they chase us away with their censures but onely from their errours For clear manifestation whereof observe the thirtieth Canon of our Church It was so far from the purpose of the Church of England to forsake and reject the Churches of Italy France Spain Germany or any such like Churches in all things which they held and practised c. that it only departed from them in those particular points wherein they were fallen both from themselves in their aâ—cient integrity and from the Apostolical Churches which were their first founders So moderate are we towards all Christians whether forreigners or domesticks whether whole Churches or single persons But because the Roman Catholicks do lay hold upon this charitable assertion of ours as tending mainly to their advantage Behold say they Protestants do acknowledge a possibility of salvation in the Roman Church But Roman Catholicks deny all possibility of Salvation in the Protestant Churches Therefore the Religion of Roman Catholiques is much safer then that of Protestants Hence proceeded their Treatise of charity mistaken and sundry other discourses of that nature wherein there are mistakes enough but little charity For answer If this Objection were true I should love my Religion never the worse Where I find little charity I look for as little faith But it is not true for when the businesse is searched to the bottom they acknowledge the same possibility of salvation to us which we do to them that is to such of either Church respectively as do not erre wilfully but use their best endeavours to find out the truth Take two testimonies of the Bishop of Chalcedon If they that is the Protestants grant not salvation to such Papists as they count vincibly ignorant of Roman errours but onely to such as are invincibly ignorant of them they have no more charity then we for we grant Church saving faith and salvation to such Protestants as are invincibly ignorant of their errours And in his book of the distinction of fundamentals and not fundamentals he hath these words If Protestants allow not saving faith Church and salvation to such as sinfully erre in not fundamentals sufficiently prâ—posed they shew no more charity to erring Christians then Catholicks dâ— for we allow all to have saving faith to be in the Church in way of salvation for so much as belongeth to faith who hold the fundamental points and invincibly erre in not fundamentals because neither are these sufficiently proposed to them nor they in fault that they are not so proposed Secondly as our separation is from their errours not from their Churches so we do it with as much inward charity and moderation of our affections as we can possibly willingly indeed in
and broiles between the Emperours with other Christian Princes and States and the Popes We have seen that from the excesses abuses innovations and extortions of that Court have sprung all the Schismes of the Eastern and Western Church and of the Occidentall Church within it self We have heard the confession of Pope Adrian that for some yeares by-past many things to be abominated had been in that holy See abuses in spiritual matters excesses in commands and all things out of order We have heard his promise to endeavour the Reformation of his own Court from whence peâ—adventure all the evil did spring that as corruption did flow from thence to the inferiour parts so might health and Reformation To which he accounted himself so much more obliged by how much he did see the whole world greedily desire a Reformation We have viewed the representation which nine selected Cardinals and Prelates did make upon their oathes to Paul the third That this lying flattering priâ—ciple that the Pope is the Lord of all benefices and therefore could not be Simoâ—iacall was the fountain from whence as from the Trojan horse so many abuses and so griâ—vou diseases had 〈…〉 into the Church and brought it to a desperate condition to the dâ—rision of Christian Religion and blaspâ—eming of the Name of Christ and that the cure must begin there from whencâ— the disease did spâ—ing We may remember the memorial of the King of Spain and the whole Kingdome of Castile That the abuses of the Court of Româ— gave occasion to all the Reformations and Schismeâ— of the Church And the complaint of the King and Kingdom of Portugal That for these reasons many Kingdomes had withdrawn their obedience and reverential respect from tâ—e Church of Rome These were no Protestants The first step to health is to know the true cause of our disease It hath been long debated whether the Protestant and Roman Churches be reconciliable or not Far be it from me to make my self a Judge of that Controversie Thus much I have observed that they who understand the sewest controversies make the most and the greatest If questions were truly stated by moderate persons both the number and the height would be much abated Many differences are grounded upon mistakes of one anothers sense Many are meer logomachies or contentions about words Many are meerly Scholastical above the capacity and apprehension of ordinary brains And many doubtlesse are real both in credendis and agendis both in doctrine and discipline But whether the distance be so great or how far any of these are necessary to salvation or do intrench upon the fundamentals of Religion requires a serious judicious and impartial consideration There is great difference between the reconciliation of the persons and the reconciliation of the opinions Men may vary in their judgments And yet preserve Christian unity and charity in their affections one towards another so as the errours be not destructive to fundamental Articles I determine nothing but onely crave leave to propose a question to all moderate Christians who love the peace of the Church and long for the re-union thereof In the first place if the Bishop of Rome were reduced from his universality of Sovereign Jurisdiction jure Divino to his principium unitatis and his Court regulated by the Canons of the Fathers which was the sense of the Councels of Constance and Basile and is desired by many Roman Catholicks as well as we Secondly if the Creed or necessary points of faith were reduced to what they were in the time of the four first Oecumenical Councels according to the decree of the third General Councel Conc. Eph Part. 2. Act. 6. c. 7. Who dare say that the faith of the primitive Fathers was insufficient Admitting no additional Articles bur onely necessary explications And those to be made by the authority of a General Councel or one so general as can be convocated And lastly supposing that some things from whence offences either given or taken which whether right or wrong do not weigh half so much as the unity of Christians were put out of divine offices which would not â—e refused if animosities were taken away and charity restored I say in case these three things were accorded which seem very reâ—sonable demands whether Christians might not live in an holy communion and joyn in the same publick worship of God free from all Schismatical separation of themselves one from another notwithstanding diversities of opinions which prevail even among the members of the same particular Chrches both with them and us FINIS Nothing more probably objected to the Church of England then Schisme But nothing more unjustly The method observed in this Discourse Every passionate heat not Schisme Acts 15. 〈◊〉 39. Ecclesiastical quarrels of long continuance not alwaies Schisme Hen Holden Append. de Schis Act. 1. pag 484. Infidelity unmasked Sect. 176. pag. 591. Idem pag. 516. The Separaters may be free from Schisme and the other party guilty Act. 19. 9. 1 Tim. 6. 5. Infid unmasked Ch. 7. Sect. 112. pag. 534. To withdraw obedience is not alwaies criminous Schisme Idem pag. 481. Theod. l. 4. c. 14. Cyril ep 18. ad Coelestinum Tâ—m 1. Conc. lib. Rom. Pâ—â—t in Anast. Libel ad mancit apud Bar. to 8. an 590. nu 39. 8. Syn. c. 10. What is single Schisme 1 Cor. 1. 10. 1 Cor. 3. 3 Wherein internal Communion doth consist Wherein External Communion doth consist External Communion may be suspended And withdrawn There is not the like necessity of communicating in all Externals Christian Communion â—mplies not unity in all opinions Reg. mor. tit pâ—aec decal lib. de A. P. Cons. 14. â—e unit eccl cons. 10. Lib. 2. de Rom. pont c. 29. Bar tom 10. an 878. Append. de Schismat Art 4. p. 516. The soâ—â—â— of Schisme What the Catholick Church signifies Collat. Carth. Col. 3. Each member of the Catholick Church is Catholick inclusively Schisme is changeable And for the most part complicated with heretical pravity Four waies to become heretical Who are Catholiques Aug. l. 2. cont casâ— Who are Schismaâ—cks What is understood by the Church of England Roman Catholicks first authors of the separation from Rome Act. and Mon p. 965. Râ—gist epist. Vni Oxon. ep 210. Sac. Syn. an 1530. et an 1532. 24 Hen. 8. c. 12. Romanists first gave the King the title of Head of the Church Resp. ad quaest 74. Râ—sp ad qu. 75. Conc. Mil. 2. Henry the 8th no friend to the Protestants Hist. Conc. Trid. 23. H. 8. 24. H. 8. 25. H. 8. 26. H. 8. 28. H. 8. The Authors opâ—nion of Monasteries Supplication of beggars Henry the 8th no friend to Protestants 31. Hen. 8. Much lesse those who joyned with him in the separation from Rome Act. Mon. an 1510. Conc. Tonst et Longlands Hist. aliquot mart et edit an 1550. Apol. sac Reg. pro jur fidel p. 125. England unanimous in casting out the Pope de verâ—â— obed Câ—ted
owe an account to God of the Church which they have received from him into their protection For whether peace and right Ecclesiastical discipline be increased or decayed by Christian Princes God will require an account from them who hath trusted his Church unto their power They tell his Holinesse it was a work worthy of him to turn all such Courtiers out of his Court who did much hurt by their persons and no good by their examples Adding this distich Vivere qui sanctè cupitis discedite Roma Omnia cum liceant non licet esse bonum And for remedy of these abuses they proposed that the Popes Nuncio's should not meddle with the exercise of Ecclesiasticall Jurisdiction but be meerly in the nature of Ambassadours That all Ecclesiastical causes should be determined at home according to the Canons That the Pope should delegate the dispensation of matters of grace to some â—it Commissioners within the Kingdome That Ecclesiastical Courts or Rota's should be â—rected within the Realm wherein all causes should be finally determined without recourse to Rome except in such cases as are allowed by the ancient Canons of the Church Lastly they represented that his Majestie was justly pressed by the continual clamours and reiterated instances of his Subjects to whose assistence and protection he was obliged to contribute whatsoever he was able as their Natural Lord and King to procure their weal with all his might by all just means according to the dictates of natural reason And to remedy the grievances which they â—uffered in their persons and in their goods by occasion of such like abuses not practised in other Kingdomes Especially this propositâ—on being so conformable to the Apostolical precepts and to the sacred Canons of Councels They tell the Pope that their first addresse is to him to whom as universal Pastour the Reformation thereof doth most properly belong that there might be no need to proceed to other remedies prescribed by the Doctours of the Church And in the margent they cite more then twenty several Authours to shew what the Magistrate might do in case the Pope should refuse or neglect to reform these abuses So you see they confessed plainly that there were other lawful remedies And intimated sufficiently that they must proceed to the use of them in case the Pope refused or neglected to do his duty That was for the Sovereign Prince with his Bishops and Estates to ease his Subjects and reform the abuses of the Roman Court within his own Dominions And this by direction of the Law of nature Upon our former ground that no Kingdom is destitute of necessary remedies for its own preservation But they chose rather to tell the Pope this unwelcome Message in the names and words of a whole cloud of Roman Catholick Doctours then in their own In fine the Pope continued obstinate And the King proceeded from words to deeds And by his Sovereign power stopped all proceedings in the Nuncio's Court. And for the space of eight weeks did take away all intercourse and correspondence with Rome This was the first act of Henry the eighth which Sanders calls the beginning of the Schisme untill the Pope being taught by the costly experience of his predecessours fearing justly what the consequents of these things might be in a little time was conâ—ented to bow and condescend to the Kings desires To shew yet further that the Kings of Spain when they judge it expedient do make themselves no strangers to Ecclesiasticall affaires we read that Charles the fifth renewed an edict of his predecessours at Madril That Bulls and Missives sent from Rome should be visited to see that they contained nothing in them prejudicial to the 〈◊〉 or Church of Spain which was strictly observed within the Spanish Dominions I might adde upon the credit of the Portugueses how Alexander Castracan was disgraced and expelled out of Spain for publishing the Popes Bulls and that the Papal censures were declared void And how the Popes Delegates or Apostolical Judges have been banished out of that Kingdom for maintaining the priviledges of the Roman Court. And when the King of Spain objected to the Pope the Pensions which he and his Court received yearly out of Spain from Ecclesiastical benefices and dignities The Popes Secretary replied that all the Papal Pensions put together did scarcely amount to so much as one onely pension imposed by the King upon the Archbishoprick of Siville Neither did the King deny the thing but justifie it as done in favour of an Infante of Castile And did further acknowledge that it was not unusual for the Kings of Spain to impose pensions upon Ecclesiastical preferments to the fourth part of the value except in the Kingdom of Galiâ—a This was more then ever any King of England attempted either before or after the reformation Before we leave the Dominions of this great Prince let us cast our eyes a little upon Brabant and Flanders who hath not heard of a Book composed by Iansenius Bishop of Ypres called Augustinus And of those great animosities and contentions that have risen about it in most Roman Catholick Countreys I meddle not with the merit of the cause whether Iansenius followed Saint Austine or Saint Austine his Ancients or whether he be reconciliable to himself in this question I do willingly omit all circumstances but onely those which conduce to my present purpose So it was that Vrbane the eighth by his Bull censured the said Book as maintaining divers temerarious and dangerous positions under the name of St. Austine forbidding all Catholicks to print it sell it or keep it for the future This Bull was sent to the Archbishop of Mechline and the Bishop of Gant to see it published and obeyed in their Provinces But they both refused And for refusing were cited to appear at Rome And not appearing by themselves or their Proctours were suspended and interdicted by the Pope and the copy of the sentence affixed to the door of the great Church in Brussels Although in truth they durst not publish the sentence of condemnation without the Kings Licence And were expresly forbidden by the Councel of Brabant to appear at Rome under great penalties as appeareth manifestly by the Proclamation or Placaâ—t of the Councel themselves dated at Brussels May 1â— 1653. Wherein they do further declare that it was Kennelick ende noâ—oix c. Well knowâ— and notoriously true that the Subjects of those Provinces of what state or condition soever could not be cited nor convented out of the land neither in person nor by their proctour selveroock niet voor het hoff van Roomen no not by the Court of Rome it self And further that the provisions spiritual censures excommunications suspensions and interdictions of that Court might not be published or put in execution without the Kings approbaâ—ioâ— after the Councels deliberation And yet further they do ordain that the said defamatory writing So they call the Copy of
A IVST VINDICATION OF THE Church of England FROM The unjust Aspersion of Criminal SCHISME WHEREIN The nature of Criminal Schisme the divers sorts of Schismaticks the liberties and priviledges of National Churches the rights of Sovereign Magistrates the tyranny extortion and Schisme of the Roman Court with the grievances Complaints and opposition of all Princes and States of the Roman Communion of old and at this very day are manifested to the view of the World By the Right Reverend Father in God Iohn Bramhall Dr. in Divinity and Lord Bishop of Derry Pacian in ep ad Sempron My name is Christian my sirname is Catholique By the one I am known from Infidels by the other from Hereticks and Schismaticks LONDON Printed for Iohn Crook at the sign of the Ship in S. Paul's Church-Yard 1654 THE Contents of the particular CHAPTERS CHAP. I. THe Scope and summe of this Treatise Pag. 1. CHAP. II. The stating of the question what is Schisme who are Schismaticks and what is signified by the Church of England in this question p. 6. CHAP. III. That the Separation from the Court of Rome was not made by Protestants but Roman Catholicks themselves p. 31 CHAP. IV. That the King and Kingdome of England in their Separation from Rome did make no new Law but vindicate the ancient Law of the Land pag. 54. CHAP. V. That the Britannick Churches were ever Exempted from all forreign Iurisdiction And so ought to continue pag. 87 CHAP. VI. That the King and Church of England hâ—d both sufficient authority and sufficient grounds to withdraw their obedience from Rome p. 1â—6 CHAP. VII That all Kingdomes and Republicks of the Roman Communion Germany France Spain Portugal Sicilly Brabant Venice do the same thing in effect when they have occasion p. 160 CHAP. VIII That the Pope and Court of Rome are many waies guilty of Schisme and the true cause of the Dissensions of Christendome Pag. 229 CHAP. IX An Answer to the Objections of the Romanists p. 245 CHAP. X. The Conclusion of the Treatise p. 275. Courteous Reader BY reason of the Authour's Absence and difficulty of the written Copy severall Errata's have past the Presse which you are desired to amend and among the rest these following Page 7. in Margine Act. leg Art p. 13. line 17. Lyne leg kind p. 13. in marg Manrit leg Maurit p. 14 l 1 Schimse leg Schisme p. 15 l. 15 Creed leg Creeds p. 18 l. ult legemachies leg logomachies p. 21 l. 8. qui leg quis p. 22 l. 4. teach for touch p. 35 l. 8. these for those p. 39. l. 31. dele little p. 42 in margine modo for nodâ— p. 65 in margine 78 for 787 p. 67 Hesâ—is for Hosius in marg p. 74 l. 1 sepultura for sepulchra p. 79 l. 4 Asseâ—tie for Asserio p. 85 l. 30 the for his Legates p. 102 l. 25 as for or p. 113 in marg lais for Caiet p. 119 l. 2 novum for nonum p. 121 l. 11 no for had p. 140 for 138 p. 141 for 139 p. 144 for 142 p. 145 for 143 p. 914 for 149 p. 129 l. 23 chink for klink and l. 25 despensations for dispensations p. 130 l. 10 Simoniae for Simonia and l. 20 21 aliam and nummam for alium and nummum p. 131 l. 1 conscivit for consuevit p. 132 l. 16 singulta for singultu and lin 20 speculiem for speculum p. 133 l. 28 papale for papali l. 29 rigarâ— for rigore line 30 praecipient for praecipiente p. 138 l. 6. for then the oath read then that the oath p. 142 l. 5 sweare for sware And in the margent Hoops for Harps p. 153 l. 15 provisos for provisors And in the marg theops for the copy p. 164 l. 10 deest not p. 165 l. 30 thar for that p. 186 l 32 which leg wherewith p. 199 l. 14 Redimendum leg Redimendam p. 214 l. 4 leg Placaert l. 27 but for but p. 217 in marg Imprss. leg Impress A JUST VINDICATION OF THE Church of England CHAP. I. The Scope and summe of this Treatise 1. NOthing hath been hitherto or can hereafter be objected to the Church of England which to strangers unacquainted with the state of our affaires or to such of our Natives as have onely looked upon the case superficially hath more Colour of truth at first sight then that of Schisme that we have withdrawn our obedience from the Vicar of Christ or at least from our lawful Patriarch and separated our selves from the Communion of the Catholick Church A grievous accusation I confesse if it were true for we acknowledge that there is no salvation to be expected ordinarily without the pale of the Church 2. But when all things are Judiciously weighed in the Ballance of right reason when it shall appear that we never had any such forrein Patriarch for the first six hundred years and upwards And that it was a grosse Violation of the Canons of the Catholick Church to attempt after that time to obtrude any forrein Jurisdiction upon us That before the Bishops of Rome ever exercised any Jurisdiction in Brittain they had quitted their lawful Patriarchate wherewith they were invested by the authority of the Church for an unlawful Monarchy pretended to belong unto them by the institution of Christ That whatsoever the Popes of Rome gained upon us in after-ages without our own free consent was meer tyranny and usurpation That our Kings with their Synods and Parliaments had power to revoke retract and abrogate whatsoever they found by experience to become burthensome and insupportable to their Subjects That they did use in all ages with the consent of the Church and Kingdom of England to limit and restrain the Exercise of Papal power and to provide remedies against the daily incroachments of the Roman Court so a Henry the Eighth at the reformation of the English Church did but tread in the steps of his most renowned Ancestours who flourished whilest Popery was in its Zenith And pursued but that way which they had chalked out unto him a way warranted by the practise of the most Christian Emperours of old and frequented at this day by the greatest or rather by all the Princes of the Roman Communion so often as they find occasion When it shall be made evident that the Bishops of Rome never injoyed any quiet or settled possession of that power which was after deservedly cast out of England so as to beget a lawful prescription And lastly that we have not at all separated our selves from the Communion of the Catholick Church nor of any part thereof Roman or other qua tales as they are such but only in their innovations wherein they have separated themselves first from their Common Mother and from the fellowship of their own Sisters I say when all this shall be cleared and the Schisme is brought home and laid at the right door then we may safely conclude that by how much we should turn more Roman
the free and just speech of a French Bishop When Henry the fourth had in a manner ended the civill Wars of France by changing from the Protestant to the Roman Catholique Communion Yet the Pope who favoured the contrary party upon pretence of his dissimulation and great dangers that might ensue thereupon for a long time deferred his reconciliation untill the French Prelates by their own authority did first admit him into the bosome of the Church At which time one of them used this discourse Was France all on fire and had they not Rivers enough at home but they must run as far as Rome to Tybur to fetch water to quench it Since that in Cardinal Richlieu's daies it is well known what books were freely printed and publickly sold upon pont neuf of the lawfulnesse of erecting a new or rather restoring an old proper Patriarchate in France as one of the liberties of the Gallicane Church It was well for the Roman Court that they became more propitious to the French affaires Take one instance more which happened very lately The Pope refused to admit any new Bishops in Portugal upon the nomination of the present King because he would not thereby seem to acknowledge or approve his title to the Crown in prejudice of the King of Spain whereby the Episcopal order in Portugal and the other Dominions belonging to that Crown was well near extinguished and scarcely so many Bishops were left alive or could not be drawn together as to make a Canonical Ordination The three Orders of Portugal did represent to the Pope that in the Kingdomes of Portugal and the Algarbians wherein ought to have been three Metropolitans and ten Suffragans there was but one left and he by the Popes dispensation non-Residenâ— And in all the Asâ—atique Provinces but one other and he both sickly and decrepit And in all the African and American Provinces and the Islands not one surviving But the Pope continued inexorable whereupon theyâ— present their request to their neighbours and friends the French Prelates beseeching them to mediate for them with his Holinesse And if he continue still obstinately deaf to their just petition to supply his defect themselves and to Ordain them Bishops in case of necessity The French did the Office of Neighbours and Christians The Synode of the French Clergy did write to the Pope on their behalf in April 1651. But that way not succeeding they sent one of their Bishops as an expresse Envoié to his Holinesse to let him know that if he still refused they cannot nor will be wanting to themselves to their neighbours but would supply his defect what the issue of it is since I have not yet heard But to leave matter of fact and to come to the fundamental Lawes and Customes of France Every one hath heard of the liberties of the French Church but every one understands not what those liberties are as being better known by their practice at home then by Books abroad I will onely select some of them out of their own authentique authorities And when the Reader hath considered well of them let him judge what authority the Pope hath in France more then discretionary at the good pleasure of the King or more then he might have had in other places if he could have contented himself with reason Protestants are not so undiscreet or uncharitable as to violate the peace of Christendom for a primacy or headship of order without superiority of power or for the name of his Holinesse Or for a Pall if the price were not too high Or for a few innocent formalities 1. The Pope cannot command or ordain any thing directly or indirectly concerning any temporal affairs within the dominions of the King of France 2. The spiritual authority and power of the Pope is not absolute in France but limited and restrained by the Canons and Rules of the ancient Councâ—ls of the Church received in that Kingdom Where observe first that the Pope can do nothing in France as a Sovereign Spiritual Prince with his non obstantes either against the Canons or besides the Canons Secondly that the Canons are no Canons in France except they be received This â—ame priviledge was anciently radicated in the fundamental Lawes of England This priviledge the Popes indeavoured to pluck up by the roots And the contentions about this priviledge were one principal occasion of the separation 3. No command whatsoever of the Pope can free the French Clergy from their obligation to obey the commands of their Sovereign 4. The most Christian King hath had power at all times according to the occurrence and exigence of affairs to assemble or cause to be assembled Synods Provincial or National and therein to treat not onely of such things as concern the conservation of the Civil estate but also of such things as concern Ecclesiastical order and discipline in his own dominions And therein to make Rules Chapters Lawes Ordinances and pragmatique sanctions in his own name by his own authority Many of which have been received among the decrees of the Catholick Church and some of them approved by general Councels 5. The Pope cannot send a Legate à latere into France with power to reform judge collate dispense or do such other things accustomed to be specified in the authoritative 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 charge untill he hath promised the King in writing under his oath upon his holy orders not to make use of his Legantine power in the Kings Dominions longer then it shall please the King And that so soon as he shall be admonished of the Kings pleasure to forbid it he will give it over And that whilest he doth use it it shall be exercised conformably to the Kings will without attempting any thing to the prejudice of the decrees of Generall Councels or the liberties and priviledges of the Gallicane Church and the Universities of France 6. The Commissions and Bulls of the Popes Legates are to be seen examined and approved by the Court of Parliament And to be registred and published with such Cautions and modifications as that Court shall judge expedient for the good of the Kingdome and to be executed according to the said cautions and not otherwise 7. The Prelates of the French Church although commanded by the Pope for what cause soever it be may not depart out of the Kingdom without the Kings Commandment of License 8. The Pope can neither by himself nor by his Delegates judge of any thing which concerneth the state preheminence or priviledges of the Crown of France nor of any thing pertaining to it Nor can there be any question or processe about the state or pretensions of the King but in his own Courts 9. Papal Bulls Citations Sentences Excommunications and the like are not to be executed in France without the Kings
Thirdly the King of Spain when he pleaseth and when he sees his own time doth not onely pretend unto but assume in his other Dominions that self-same power or essential right of Sovereignty which I plead for in this treatise It is not unknown to the world how indulgent a Father Vrban the eighth was sometimes to the King and Kingdom of France and how passionately he affected the interest of that Crown And by consequence that his eares were deaf to the requests and remonstrances of the King of Spain The Catholique King resents this partiality very highly and threatens the Pope if he persist to provide a remedy for the grievances of his Subjects by his own power Accordingly to make good his word he called a general Assembly of all the Estates of the Kingdome of Castile to consider of the exorbitancies of the Court of Rome in relation to his Majesties Subjects and to consult of the proper remedies thereof They did meet and draw up a memoriall consisting of ten Articles containing the chiefest abuses and innovations and extortions of the Court of Rome in the Kingdom of Castile His Majestie sends it to the Pope by Friar Domingo Pimentell as his Ambassadour The Pope returned a smart answer by Senior Maraldo his Secretary The King replied as sharply All which was afterwards printed by the special command of his Catholick Majesty The summe of their complaint was first concerning the Popes imposing of pensions upon dignities and other benefices Ecclesiastical even those which had cure of soules in favour of strangers in an excessive proportion to the third part of the full value That although benefices were decayed in many places of Spain two third parts of the true value Yet the Court of Rome kept up the Pensions at the full height That it was contrived so that the Pensions did begin long before the beneficiaries entred upon their profits insomuch as they were indebted sometimes two years pensions before they themselves could taste of the fruits of their benefices And then the charge of censures and other proceedings in the Court of Rome fell so heavy upon them that they could never recover themselves And further that whereas all trade is driven in current silver onely the Court of Rome which neither toiles nor sweats nor hazards any thing will be paid onely in Duckates of Gold not after the current rates but according to the old value That to seek for a remedy of these abuses at Rome was such an insupportable charge by reason of three instances and three sentences necessary to be obtained that it was in vain to attempt any such thing This they cried out upon as a most grievous yoak They complained likewise of the Popes granting of Coad jutorships with future succession whereby Ecclesiastical preferments were made hereditary persons of parts and worth were excluded from all hopes and a large gap was opened to most grosse Simony They complained of the Popes admitting of resignations with reservation of the greatest part of the profits of the benefice insomuch that he left not above an hundred Duckats yearly to the Incumbent out of a great benefice They complained most bitterly of the extortions of the Roman Court in the case of dispensations That whereas no dispensation ought to be granted without just cause now there was no cause at all inquired after in the Court of Rome but onely the price That a great price supplied the want of a good cause That the gate was shut to no man that brought money That their dispensations had no limits but the Popes will That for a matrimonial dispensation under the second degree they took of great persons 8000. or 12000. or 14000 Duckats They complained that the Pope being but the Churches Steward and dispenser did take upon him as Lord and Master to dispose of all the rights of all Ecclesiastical persons That he withheld from Bishops being the true owners the sole disposing of all Ecclesiastical preferments for eight monthes in the year That he ought not to provide for his own profit and the necessities of his Court with so great prejudice to the right of Ordinaries and Confusion of the Ecclesiastical order whilest he suffers not Bishops to enjoy their own Patronages and Jurisdictions They cite St. Bernard where he tells Pope Eugenius that the Roman Church whereof he was made Governour by God was the Mother of other Churches but not the Lady or Mistris And that he himself was not the Lord or Master of other Bishops but one of them They complained that the Pope did challenge and usurpe to himself as his own at their deaths all Clergymens estates that were gained or raised out of the revenue of the Church That a rich Clergyman could no sooner fall sick but the Popes Collectors were gaping about him for his goods And guards set presently about his house That by this means Bishops have been deserted upon their deathbeds And famished for want of meat to eat That they have not had before they were dead a Cup left to drink in nor so much as a Candlestick of all their goods It is their own expression That by this means Creditors were defrauded processes in Law were multiplied and great estates wasted to nothing They complained that the Popes did usurp as their own all the revenues of Bishopricks during their vacancies sometimes for divers years together all which time the Churches were unrepaired the poor unrelieved not so much as one almes given And the wealth of Spain exported into a forreign Land which was richer then it self They wish the Pope to take it as an argument of their respect to the See of Rome that they do not go about forthwith to reform these abuses by their own authâ—â—ity in imitation of other Provinces So it was not the unwarrantablenesse of the act in it self but meerly their respect that did withhold them They complained of the great inconveniences and abuses in the exercise of the Nuncio's office That it is reckoned as a curse in holy Scripture to be governed by persons of a different language That for ten Crowns a man might purchase any thing of them That the fees of their office were so great that they alone were a sufficient punishment for a grievous crime They added that self-interest was the root of all these evils That such abuses as these gave occasion to all the Reformations and Schismes of the Church They added That these things did much trouble the mind of his Catholique Majestie And ought to be seriously pondered by all Sovereign Princes qui intra Ecclesiam potestatis adeptae Culmina tenent ut per eandem potestatem disciplinam Ecclesiasticam muniant Behold our Political Supremacy They proceeded that often the heavenly Kingdome is advantaged by the earthly That Church-men acting against faith and right discipline may be reformed by the rigour of Princes Let the Princes of this world know say they that they
the Popes sentence should be torn in pieces in the great Hall of the Court at Brussels by the door-keeper condemning and abolishing the memory thereof for ever Thus all Christendom do joyn unanimously in this truth that not the Court of Rome buâ— their own Sovereigns in their Councels are the last Judges of their National liberties and priviledges I passe from Spain to Portugal where the King and Kingdom either are at this present time or very lately were very much unsatisfied with the Pope And all about their ancient customes and essential rights of the Crown As the nomination of their own Bishops without which condition they tell the Pope plainly that they neither can nor ought to receive them That if others then the Sovereign Prince have the naming of them then suspected persons may be intruded and the Realm can have no security That it is the opinion of all good men and the judgement of most learned men that herein the Pope doth most grievously derogate from the right of the Crown That it is done in favour of the King of Castile lest he should either revolt from his obedience to the Pope or make war against him And that if provision be made contrary to justice for the private interests of the Roman Court Christs right is betrayed They advise the Pope to let the world know that he hath care of souls and leaves temporal things to Princes That if he persist to change the custome of the Church to the prejudice of Portugal Portugal may and ought to preserve its right And that if he love Castile more then Portugal Portugal is not obliged to obey him more then Castile There are other differences likewise as namely about the imprisoning of some Prelates for Treason to which they make this plea that the Law doth warrant it That Ecclesiastical immunities are not opposite to natural defence That it is he that hurts his Countrey who hurts his own immunity A third difference was about the Kings intermedling in the controversies of religious persons To which they answer that the protection of the Prince is not a violation but a defence of the rights of the Church That it is the duty of Catholick Princes to see regular discipline be observed The fourth difference is about taxes imposed upon Ecclesiastical persons and the taking up the revenues of Bishopricks in the vacancy to which they give this satisfaction that all orders of men are obliged in justice to contribute to the common defence of the Kingdom and their own necessary protection And that the revenues of the vacant Bishopricks could not be better deposited and conserved then when they are imployed by the Prince for the publick benefit cum onere restituendi In summe they wish the Pope over and over again to consider seriously the danger of these courses now when Heresie shewes it self with such confidence throughout Europe That the minds of men are inclined to suspected opinions That St. Peters ship which hath often been in danger in a Calme Sea ought not to be opposed to the violent course of just complainers who think themselves forsaken That the Chuâ—ch of Rome hath lost many kingdoms which have withdrawn their obedience and reverential respect from it for much lesser reasons That they had learned with grief by their last repulse that their submissions and iterated supplications had prejudiced their right That the Kings Ambassadour the Clergies messenger the Agent from the three orders of the Kingdom had found nothing at Rome from two Popes but neglects affronts and repulses And lastly for a farewell that Portugal and all the Provinces that belong unto it in Europe Asia Africa and America is more then one single sheep Which is as much as if they should tell him in plain down right terms that if he lose it by his own fault he loseth one of the fairest flowers in his Garland What the issue of this will be God onely knowes and time must discover I will conclude this point with the answer of the University of Lisbone to certain questions or demands moved unto them by the States or Orders of Portugal The first question was whether in case there were no recourse to the Pope the King of Portugal might permit the consecration of Bishops without the Pope in his Kingdom To which their answer was affirmative that he might do it because Episcopacy was of divine right but the reservation of the Popes approbation was of humane right which doth not bind in extreme nor in very great necessity The second question whether there was extreme necessity of consecrating new Bishops in Portugal Their answer was affirmative that there was because there was but one Bishop left in Portugal and six and twenty wanting in the rest of the Kings dominions The third question was whether Portugal had then recourse to the Pope for his approbation The answer was Negative that they had not first because the Castilians had attempted to slay their Ambassadourâ— before the eyes of Vrban the 8th and Innocent the 10th So there was no safe recourse And secondly because their Ambassadour could uot prevail with the Pope in nine years by all their solicitations So there was no hope to obtain The fourth question was whether the permission of this were scandalous The answer was Negative that it was not first because it was a greater scandal to want Bishops Secondly because the King had used all due means to obtain the Popes approbation Thirdly because it was done out of extreme necessity The fifth and last question was how Bishops were to be provided They answered that it was to be done according to Law by the election of the respective Chapters and by the presentation of the King as it was of old in Spain and Portugal and was still observed in Germany and elsewhere From Spain and Portugal it is now high time to passe over into Italy where we meet with the Republick of Venice obliged in some sort to the Papacy for that honour and grandeur and profit and advantage which the Italian Nation doth reape from it Yet have not they wanted their discontents and differences and disputes with the Court of Rome The Republick of Venice had made several Lawes As first that no Ecclesiastical person should make any claime or pretence to any bona Emphyteutica as the Lawyers call them that is waste lands that had been planted and improved by the great Charge and industry and good Culture of the Fee-farmers which were possessed by the Laity Secondly that no person whatsoever within their dominions should found any Church Monastery Hospital or other religious house without the special licence of the State upon pain of imprisonmeut and banishment and confiscation of the soile and buildings Thirdly that none of their subjects should alienate any Lands to the Church or in favour of any Ecclesiastical persons secular or Regular without the