Hundret nor bring any Ecclesiastical cause to the Judgment of Secular men Therefore William the Conquerour the Popes Champion brought with him this new distinction of Clergy and Layty and Ecclesiastical Judges and Secular Judges for it seems Ecclesiastical Causes as well as Secular were brought in the Hundret Court to the Judgment of Secular men not Ecclesiastical men 5. The said Proclamation ordains every man to do right to God and the Bishop not according to the Hundred but according to the Canons and Episcopal Laws Which answers the greatest Stress of the D. D. Answer The Conquerour with the Pope brought in the Canons and Episcopal Laws and when the Pope's head was cut off and his Supremacy taken away vanish also did his Canons and Episcopal Laws And the Popish King and Parliament in Hen. 8. time knew it as well and therefore when they had made the King Head of the Church as well as State a fatal distinction of Church and State and often makes a Kingdom divided against its self cutting off all Appeals to Rome 24 H. 12. in the very next year they found a necessity to abrogate all Popish Canons that were contrariant to the Kings Prerogative and the Laws and Statutes of this Realm but such as were not so contrariant and repugnant to remain in force And to that purpose there was to be a Book of such Canons compiled by thirty two Commissioners party per pale one moyety Clergy and the other Lay but they did nothing and so that project in the Statute came to nothing And for my part in the Knowledge I have in the ancient Councils and Canon's in the making whereof the Pope had the great hand they might as well seek a needle in a bottle of Hay as seek for Canons amongst the old ones suitable to the new face of our Church when it had lost its old wonted head that had Authorized and Father'd the English Church and all Ecclesiastical Jurisdiction from William the Conquerour till 24 Henry 8. which was 467 long years and during the weary Reigns of twenty Kings together who were so tyred with the Pope's Insolence that some of them as King John meditated rather to turn Turk than undergo the Infamy as well as Tyranny and Cruelty in being all his Reign so shamefully Priest-ridden complaining and bemoaning himself that after he subjugated himself and his Scepter to the Pope of Rome nothing prosper'd that he undertook ever after Therefore hard is the fate of that Man much more of that King and Kingdom that are under the Tyranny of these Bigots How do they wrest the holy Scriptures to surrogate their preposterous Hierarchy as did the said Popham Archbishop in his said Letter to the King Edw. 1. aforementioned quoting Mat. 16.19 Whatsoe're thou shalt bind on earth shall be bound in Heaven and threatning the King with death from Deut. 17.12 And the man that shall do presumptuously and will not hearken unto the Priest that standeth to minister there before the Lord thy God or unto the Judge even that man shall dye Then he threatens the King with Deut. 17.18 19 20. and with Luk. 10.16 He that heareth you heareth me and he that despiseth you despiseth me And he that despiseth me despiseth him that sent me which saith the Archbishop St. Dyonisius expounds Ierarchis in his quae agant Ierarchicè obediendum est sicut a Deo motis To the Hierarchy or Prelates in what they act as Prelates we ought to obey them as those that are influenc't by God himself Then he quotes Deut. 17.8 9 10 11. and Heb. 4. and Mat. 17.5 Mat. 28.20 Acts 3.22 Mat. 18.19 20. Mat. 18.17 Mat. 10.20 as Impertinent as tedious to insist upon concluding his Letter in a menacing way from Lambeth November Anno Dommi 1281. and the third year of his Translation Instancing also for his Platform and imitation in this his contumacy the example of Thomas Becket and Boniface his Predecessors as fierce and Seditious as himself But wise King Edw. 1. like his Grandfather Hen. 2. and his Father Hen. 3. would not so easily part with the Reins of Government for he disanulled not only the Rading-Canons as aforesaid but also the Lambeth-Canons Anno 1281. Even as his Grandfather Hen. 2. abrogated all the Canon Law being then Duke of Normandy and particularly the Canons of the late Councel of Rhemes And by Proclamation forbidding Hugo Archbishop of Roan to put the same in Execution and threatning Pope Innocent 2. that if he would not restrain the said Archbishop therein he would turn Protestant so I translate the words of the Kings letter to Pope Innocent Minatus est Apertè divortium ab Apostolicâ sede nisi praesumptio illius Archiepiscopi reprimeretur Which so frighted the Pope that he was glad to knock under and yield to the time foreseeing a Storm approaching he very wisely made fair weather on 't to use his own words Quod prefectò quamvis Justum fuerit Mat. Paris Hist Aug. p. 96 97. à nobis in Concilio Rhemensi mandatum pro ejus tamen charitate aliquando condescendere quando non ascendere possumus debemus et pro tempore ipsius voluntati assensum praebere That is saith the Pope What was done in the Councel of Rhemes was nothing but what was Just and right and also by us Commanded nevertheless for charity sake we must be lowly and condescend then when we cannot climb and ascend and be uppermost and for the present give our assent and consent to the Kings will and pleasure And there had been a fatal divorce or beginning of Protestanism from Rome by another Henry Hen. 2. long before Hen. 8. if Pope Innocent had been as stiff and inflexible as was Pope Clement to Hen. 8. So that all along those that please to observe our Statutes Histories and Chronicles they will find that ever since our Ecclesiastical Jurisdiction was brought from France and Rome by William the Conquerour sometimes the Church-men and their head the Pope had the weather-gage and sometimes the Kings as they hapned to be some more prudent some more weak some more potent and some in greater straits than other of which last condition namely when our Kings affairs were in a Peck of troubles and distresses the Pope and his Janizaries the Popish Prelates alwaies wrought upon their necessities and most unmanly would never give them fair quarter when they had them down None so cruel as Women and cowardly Gownmen when they get men at advantage many Instances whereof you may see in the reigns of King John the King Henries and the King Edwards c. So that now Canon-Law now Statute-Law now the Church and now the State now the Lord Arch-bishops and Lord Bishops and now the Lords temporal and the Common's had the upper-hand but the Bishops carryed it for the most part and alwaies at long run whilest they had the Pope or the High-Commission on their side And even since they
have lost those two main Pillars I do not see but it may be yet in great measure true what the Learned Spelman sayes was Currant of Old even to a Proverb Os Sacerdotis Oraculum esset Plebis Os Episcopi Oraculum Regis Reipublicae Both King People and Common-wealth took all for Gospel that the Bishops and Priests said and perswaded And therefore no wonder at what Mr. Archdeacon sayes p. 49. That our great Church-men had no small hand in making all our Laws both Ecclesiastical and Civil and made bold to sit upon the Benches with the Judges in the Kings Palace and Court in the Councel and Parliament In the County with the Earl and Justices of the County in the Sheriffs County-Court with the Sheriff and in the Hundred-Courts with the Lords of the Hundred All true to a Tittle why who durst take them by the Lawn-sleeves and ask them what they had to do there They had as good have taken a Bear by the Tooth the stoutest Lay-man of them all Besides a Scholar was a rare Bird in those daies Ignorance is the Mother of Popish Devotion and therefore neither Lords nor Parliament-men nor Judges had any more Learning than needs must no nor skill in Laws So that the Clergy did all who sway'd the Kings Councels but they who were Lord Chancellors Lord Treasurers Lord Chief Barons Lord Chief Justices Master's of the Rolls but they Was not Nigel Bishop of Eli in H. 1. time Lord Treasurer and wonderful skilful in the Laws and Court of the Exchequer Was not Martin de Patishal Clerk and Dean of Paul's made Lord Chief Justice of the Kings-bench in H. 3. time because of his skill in Law Brail So also was William de Raleigh Clerk made one of the Judges of the Kings-bench Henry de Stanton Clerk Lord Chief Justice of the Common-pleas and the Parson of Oundell in Northamptonshire made Master of the Rolls with thousands more even to our times Bract. Rot. Pat. 17. E. 2. and in man's memory was not the Bishop of Lincoln William's Lord Treasurer so also Bishop Juxton Bishop of London And Archbishop Laud did all in all with King Charles 1. And in the Case of Ship-money and the Loans and Benevolences those hard shifts that good King might well repent that ever he followed such precipitate Counsels And therefore Mr. Archdeacon it is no great Credit to you nor for your Jurisdiction Ecclesiastical to quote all the 12 Judges and their Subscriptions to vouch your Citations in your own Name and not in the Name and Stile of the King because that Opinion was subscribed by 12 Judges John Brampston L. C. J. John Finch L. C. J. Humph. Davenport L. C. B. Will Jones Jo. Dinham Ri. Hutton George Crook Tho. Trevor George Vernon Ro. Berkley Fr. Crauly Ri. Weston For they were very man of them except Hutton and Crook condemn'd by Parliament for betraying the Rights and Properties of the Kingdom in the case of Ship-money And therefore Mr. Archdeacon I except against the Judgment and Opinion of your 12 Judges very legally in the cons truction of the Statute of Edw. 6.2 Alas good men to say otherwise it was as much as their places were worth besides the Terrour of the Star-chamber and High-Commission-Court and indeed every Spiritual Court which were then as horrible as the Spanish Inquisition and so much the more cruel that by the Oath ex Officio a man was bound to accuse himself which is not required by the Inquisition of Spain And therefore some have observed that when the severe part of the Law as in Sentences Fines c. has been put to the Vote in the Star-chamber and other Courts against Offenders the Clergy-Men there who should have been Exemplary in Mercy and Charity and not for summum Jus were alwayes more rigid and fierce than the Laity As for Instance when Mr. Chambers 5 Carol. 1. said and only privately to the Privy Councel call'd thither to answer for not paying Customs That the Merchants in England were more wrung and screwed than in foreign parts And what if it had been true why may not our Laws screw them and enact bigger Customs and Excise as of Wines c. we do where 's great mischief Why for this he was to be fined in the Star-chamber for the words are not other where actionable And the Chancellour of the Exchequer he was for fining him for those words 500 l. so also voted the two Lord Chief Justices Ay but when it came to the Bishops Doctor Neal Bishop of Winchester cryes 3000 l. then also Doctor Laud Bishop of London 3000 l. At last the business was adjusted and the Fine settled 2000 l. Therefore Mr. ARchdeacon do not vapour and tell us of the opinion of the Judges when High-Commission-Court and Star-chamber were up do not we know who penn'd the Proclamation 's and who did the business and every man's business that durst st and in his way You may as well say That Atturny General Noy was a great Lawyer who doubts it does it therefore follow that Ship-money his Invention was Legal Anno Domini 1632. And the Judgment of a whole House of Commons might surely stand in Competition with the opinion of a single Archdeacon though he had some of the Judges on his side although it was that House of Commons in 1640. for not one in Ten of them were Rumpers Resolved That the Clergy in a Synod or Convocation hath no power to make Canons Vote of the House of Commons Constitutions or Laws Ecclesiastical to bind either Laiety or Clergy without a Parliament And that the Canons are against the fundamental Laws of this Realm against the Kings Prerogative Property of the Subjects the Right of Parliaments and do tend to Faction and Sedition And therefore your Doughty work and Leges Angliae which you seem to commend as the sence of a Convocation and you their Prolocutor saying p. 66. So whether it seem good to the King and his High Court of Parliament to augment or lessen it Ecclesiastical Jurisdiction or to continue it as it is we we again shall still maintain our Loyalty that 's kind and manifest our duty and chearfully submit our selves I am glad to hear it if this chearful submisson be the sence of your Brethren and that you have Mr. Archdeacon from them authentick Letters of Credence for this Manifesto But I doubt it for certainly your Brethren are better Scholars and better principled than to own such an idle and impertinent Discourse as this of yours that is throughout so loose futile and tending to such arbitrary Principles that indeed none are so fit to answer you as a Parliament if they do not think it beneath them to take notice of such a Prater that has so little Judgment as to think it possible to prove the Spiritual Courts and Jurisdiction as now practised to be Common-Law Courts much less Statute-Law-Courts which is next to be
humble Servant when where and in what he list For presently after he brings that of Isa 10.1 to vanquish the King and Parliament that made him Recant his own Canons two years before Isa 10.1 Dicente Domino per Prophetam Vae qui condunt Leges iniquas c. Wo unto them that Decree unrighteous Decrees c. meaning the Statutes made by the King and Parliament for so he goes on quia igitur ab antiquo tempore inter Leges Magnates Angliae ex parte unâ Archiepiscopos Episcopos Clerum ejusdem Regniex altera duravit amara dissensio pro oppressione Ecclesiae contrà Decreta summorum Pontisicum contra Statuta Conciliorum contra Sanctiones Orthodoxorum Patrum in quibus tribus summa auctoritas summa veritas summaque sanctitas consistunt supplicamus Regiae Majestati c. huic periculosae dissentioni dignemur finem apponere salutarem cui finis alitèr imponi non potest nisi vos sublimitatem vestram praedictis tribus scilicèt Decretis Pontificum Statutis Conciliòrum Sanctionibus Orthodoxorum Patrum juxtà Domini beneplacitum cùm Catholicis Imperatoribus dignemini inclinare ex his enim tribus sunt Canones aggregati jura Coronae vestrae Christi Coronae supponenda cujus sunt Diadema Sponsae suae monilia universae Ecclesiasticae Libertates All which are most emphatical words and most apt for our purpose to stop the Arch-deacon's Mouth that would have the present Church of England and its Jurisdiction derivative from Edw. 1. and Edw. 3. Nor do I know any man more able in all History to write all that could be said for Ecclesiastical Jurisdiction Canon-Law or Civil-Law than the said Peckham nor can any thing better represent the posture of Affairs in England as to Ecclesiastical matters than the said Letter which I will English faithfully as followeth Because quoth the Archbishop there has been of old and long has continued a bitter Dissention betwixt the King and Parliament of England on the one part God grant they may alwayes be so as they ought to be but one part and the Archbishops Bishops and Clergy of this Realm on the other part to oppress the Church contrary to the Popes Decrees contrary to the Canons of Councils contrary to the Sanctions of the Orthodox Fathers in which three consists the Supream Authority the greatest Verity and the choycest Piety We intreat your Royal Majesty that we should vouchsafe together to put an end to this dangerous Dissention and Differences which can never be concluded except you will please to submit your highness to the said three things namely the Decrees of Popes the Canons of the Synods and the Opinions of the ancient Orthodox Fathers according to the Command of the Lord and after the Example of Catholick Kings For of these three are the Canons made and the Rights of your Crown must submit to the Crown of Christ the Churches Rights and Liberties being the Diadem of Christ and the Ornament and Jewels of his Spouse c. Whence I make these plain Remarks 1. That as the Devil Tempting our Blessed Saviour accosted him with Holy Scripture in his Mouth so does this filthy Symonist talk Scripture Language to the King and Parliament whilst he himself hated to be Reformed 2. That there was and has been an old Feud Difference and Dissention and cannot possibly be otherwise where the Layety are Governed by one Law and the Clergy by another the Layety a distinct and peculiar Party on the one part and the Clergy with other designs a party in Opposition to the Layety on the other part The Devil and the Pope brought in that distinction of Layety and Clergy not God and Scripture and it was never a quiet World in Christendome since that time of making that distinction which God never made 3. That when the King and Parliament Thwarts the Clergy and the Canons of their own devising and made to gratifie as those of Rading aforesaid only their Avarice Ambition and Revenge yet that is called Oppressing the Church of God 4. That Kings must alwayes under the notion of submitting to God and Christ submit their Scepters Crowns and Dignities to Religious Zealots and Bigots when they get the Power and they 'l have it too or they 'l want of their will 5. That the Clergy Archbishops and Bishops accounted themselves and were taken and accepted for the Church of England 6. That the Pope was Head of this Church his Decrees their Rule and Canons to walk by and carry on their Ecclesiastical-Courts and Jurisdiction 7. That their Laws were contrary to the sence of the King and Parliament 8. That the King and Parliament were sometimes though but a little little time too hard for those Archbishops Bishops and Clergy of whom the Pope was Supream head 9. That it is impossible that our present Archbishops Bishops and Ecclesiastical Jurisdiction can derive their Authority for Ecclesiastical Courts from the Popish Arch-bishops Popish Canons Popish Bishops that had the Pope for their head since our Clergy Archbishops and Bishops do renounce the Popes Supremacy 10. That the Ecclesiasticals before Hen. 8. whilst the Pope was their head look't upon the Kings of England as their Inferiours and that the King and Parliaments Sentiments and Decrees should truckle to theirs And if some had not some strange Reliques they would not dare as this Archdeacon does to write and defend a Jurisdiction and Courts in England without special Authority and Commission from the King And for him to say They Keep Courts by Common-law is the idlest of all his dreams 1. Because before Will. the Conqueror there was never any Spiritual Courts Kept distinct from the Hundred-Courts and if they have right to keep them there at the Bayliffs house let them come but instead of Chancellours Surrogates and Officials and Archdeacons must sit for Judges there as now and of Old two honest Freeholders let them come then with their Ecclesiastical Courts founded in the Common-law before William the Conquerour 2. The Common-Law this D. D. calls p. 51. long and granted Use in the whole Land but then if they plead for their Ecclesiastical Courts according to ancient use and custome they must keep them in Places Times and by such Laws and Judges as were of the ancient use and custom 3. The Common-Law of England is ancienter than our Christianity but Bishops as now in England much less Archbishops for Austin the Monk sent hither by the Pope was the first Archbishop and much less Archdeacons are the Inventions of men and the favour of Kings at first of Popish Kings for before Austin the Monk Anno Dom 〈◊〉 England had neither Lord Bishops nor Lord Archbishops after the manner they are now therefore neither they nor their Courts as now kept have any foundation in Common-law 4. By his own shewing that Edict of William the Conquerour enjoyns that no Bishop nor Archdeacon hold Pleas any longer in
to let his Majesty into the Church but he will not trust him wich the Keys as who should say we will open the Church doors to your Majesty and come in and welcome whilst we continue good friends But they that keep the Keys and can open the Church-doors to let his Majesty in can also whilst they have the keeping of the Keys upon displeasure lock him out well for this very trick and for another late Scotch trick If I were a Privy-Councellour I would advise his Majesty as Head of the Church and Governour thereof to keep the Keys of the Church in his Pocket or hang them under his Girdle if it be but because this Prelatical Champion this same pittiful Archdeacon like another Pope or St. Peter will keep the Keys of the Church and will keep his Majesty from them and would fain perswade him that our Laws to use his words p. 2. of the Proeme Exclude this purely Spiritual power of the Keys from the Supremacy of our Kings except it be to see that Spiritual men do their duty therein Belike this same Archdeacon carries the Leges Angliae the Laws of England in his belly and greedy gut for I am sure he carries them there or no where he carries not these bulky Laws of England in his Brains he has no Guts in his Brains For I pray good D.D. where does our Laws exclude this purely Spiritual power of the Keys from the Supremacy of our Kings if our Kings like good King David or wise King Solomon should have a mind to be Ecclesiastes In the days even of Popery I never heard of a King shut out even from the Topping-Pulpit if he had a mind to climb so high stout King Henry the 3d. made bold to Invade the Pulpit took his Text Psal 85.10 Righteousness and Peace have kissed each other and then in his Sermon ad Clerum to the Learned Monks of the Cathedral Church of Winchester when he had a little self-end too as some Pulpiters have also had in the case namely to Cajole the said Monks to Elect his Brother Athelmar Bishop of Winchester Bak. Chron. p. 82. Paraphrasing and enlarging upon his Text and saying to use his own words To me and other Kings who are to govern the people belongs the rigour of judgement and Justice to you who are men of quiet and Religion Peace and Tranquillity And this day I hear you have for your own good been favourable to my request with many such like words I do not know whether the King had got a License to Preach from a Bishop It seems the Clergy then too would favour Kings in what was for their own good and if it were for their own good would also permit the King to take a Text and Preach in their Cathedral-Church how hard-hearted or strait-lac't soever our Archdeacon proves and will not suffer our Kings to have the Keys neither of the Church nor Pulpit I say therefore some Kings would therefore keep the Keys of the Church themselves and trust never a D. D. of you all with them no not the Pope himself But what if I prove that our Kings at their Corronations have at the same time been ordain'd Clergymen they are no more excluded then by our Laws from the power of the Keys then Mr. Archdeacon or the Pope himself What is Ordination but the ordering designing or setting a Man a part to some office if to the Ministry then there are certain significant Words to that purpose and what more significant Words for Ordination to the Priesthood or making a Man a Clergyman then those the Bishop uses to our Kings namely with Unction Anthems Prayers and Imposition of hands as is usual in the ordination of Priests with the same Hymn Come Holy Ghost Eternal God c. The Bishop saying also amongst other things Let him obtain favour of the people like Aaron in the Tabernacle Elisha in the Waters Zacharias in the Temple give him Peters Key of Discipline and Pauls Doctrine Which last clause was praetermitted in times of Popery from the Corronation of Hen. 6. Bak. Chron. 742. till Charles 1. and Charles 2d lest it should imply the King to be more a Clergyman and Ecclesiastical person then these Archdeacons could afford him but our Gracious King Charles 2d and his Father at their Corronations had the antient forms of Crowning Kings reviv'd and in the Anointing the Bishop said Let those hands be Anointed with Holy Oyl as Kings and Prophets have been Anointed and as Samuel c. Then the Archbishop and Dean of Westminster put the Coif on the Kings Head then put upon his body the Surplice saying this prayer O God the King of Kings and Lord of Lords c. And surely of old the very Pope himself look't upon our anointed Kings as Clergymen else why did the Pope make Hen. 2. his Legate De Latere here in England the usual office of the Archbishop of Canterbury usually styled Legati Nati Therefore Mr. Archdeacon you talk like an unthinking Black-coat stockt with a little superficial Learning when you say our Laws exclude the King from the Keys of the Church to which he has as good right as your D. D. Divinityship And indeed to give the Man his due he is glad afterwards to confess that Constantine and the Eminent Christian Emperours called Councels and approv'd their Canons Then by your leave dear D. D. They also for the same reason might upon occasion and if they had seen cause also disprove the same who then was Papa of old Pa-ter Pa-trum surely no other but he that is Pa-Pa I mean Pa-ter Pa-triae Into a volumn beyond mine or the Readers Patience or leisure must this Vindication swell if I should trace him in all his Extravagancies Impertinencies and nauseous Repetitions and therefore I must quit my first design and summarily contract the crazy Principles and Postulata on which his mighty Fabrick of the Laws of England is Eâ—â—â—â—ed CHAP. I. In his first Chapter after a great deal of prattle to no purpose he Sets up the Propositions suggested by Mr. Hickeringill and then he Batters them The Propositions suggested by Mr. Hickeringill are these following 1. THat before Hen. 8. All Ecclesiastical Jurisdiction in England was derived from the Pope as Mr. Cary. p. 6. 2. That Hen. 8. When he annex'd the Ecclesiastical Jurisdiction to the Crown he took it wholly away from our Ecclesiastical Ministers 3. That the Church had no Jurisdiction after Hen. 8. had annex'd it to the Crown till 1 Edw. 6.2 4. That if there be any Ecclesiastical Power in our Church it canot be executed but in the name and with the stile c. of the King according to 1 Edw. 6.2 5. That all our Ecclesiastical Power was lately founded in 1 Eliz. 1. as it Established the High-Commission-Court And that Act being repeal'd All Ecclesiastical Power was taken away with the Power of that High-Commission Then most insultingly concludes in
these Words On a Rock consisting of these Sands stands our mighty Champion triumphing with his Naked Truth c. And truly if our mighty Champion stand thus Triumphing upon a Rock made of Sands It is the first Rock made of Sands that ever was seen in the World before I have seen great hills of Sands but never a Rock consisting of Sands before for lively and natural expressions and tough and sinewy Arguments 't is the very None-such of the D. D Come confess ingeniously Is there not more and better Heads then your own in this Elaborate Work Is it not the Six Months labour of a Prelatical Smectimnuus or Club-Divines Now for his Rancounter CHAP. II. Wherein very Majesterially he asserts contradictorily In defiance of the said Propositions and Rocks of Sand That Our Ecclesiastical Jurisdiction in England was not derived from the Pope but from the Crown before the Reformation by Hen. 8. Sed quomodo probas Domine D. D First by begging the Question Petitione Printipij And asking sternly and demanding in 8 bold Questions first Dare any Protestant stand to the contrary c. So that he has got Mr. Hickeringill upon the Lock and upon the Hugg the Devonshire and Cornish Hugg Hang or Drown'd there 's no escaping yield or confess your self a Papist concluding that to say so is not more like a Hobbist than a Papist I thought I had caught a Hobby but War-Hawk To which I 'le onely say that as Seneca in his Epistles to his dear Lucillus speaking of Harpast his Wives Fool a poor ridiculous creature That if he had a desire to laugh at a Fool he need not seek far for he could find cause enough at home to laugh at himself so you Mr. quibling Archdeacon need not be at charge to keep a Jester you may find one ridiculous enough within the Corps of your own Archdeaconry Hobby-War-hawk But then he falls and grows calm and leaves this bold Italian way of Regginâ—… and comes to his proofs First Then our Ecclesiastical Jurisdiction was not derived from the Pope but from the Crown before H. 8. because it was a known Law 25. Edw. 1. and 25. Edw. 3. long before Hen. 8. that the Church of England was founded in Episcopacy by our Kings c. and not in the Papacy 1. I always thought till now that our Church of England I know not for his Church of England was neither founded upon Episcopacy not the Papacy but on Christ the Rock of Ages 2. The Popish Episcopacy in the said two King Edwards time and the Papacy were one and the same piece the Pope the Head they the Members and derivative from him influenc'd by him and would never obey our Kings further then they list as appears by stout Robert Archbishop of Canterbury another Becket And though the Kings made bold to recommend an Archbishop or a Bishop to the Pope yet the Pope Invested and chose whom he list the greater Usurper he but who did or could help it till stout King H. 8. did behead the Pope and made himself by Parliament Head of the Church 'T is true Rome was not built in a day and neither did nor could extend its Suburbs and Commands as far as England till William the Conquerour the Pope's Champion and who fought under the Popes Banner which he sent him for the Invasion of England did with his French and Normans and all Gatherings bring with his French and Italian Troops the French and Italian Laws and the French Mode of Ecclesiastical Polity and Jurisdiction And therefore 't is rightly noted that 'till Will. the Conquerour there was no Bishops Courts or Ecclesiastical Courts but the Hundred-Courts the onely Courts of Justice in England in all Causes Ecclesiastical and Temporal But the Pope made his Champion Will. the Conquerour and all succeeding Kings after him till H 8. set up such Ecclesiastical Courts and Jurisdiction as were at Rome wherein they Judged and proceeded according to the Popes Canon-Laws and he himself was the Head and Supream of those Courts and nothing more frequent then Appeals to Rome till the 24. Hâ—n 8.12 ordain'd that there should be no Appeals thither where he had emptied so much of his purse and yet could not obtain a Divorce to his liking if appeals to Rome from our Ecclesiastical-Courts then they were onely Romes Inferior Courts And was there ever any Statute made from Will. the Conquerour or rather Hen. 3. to Hen. 8. but by the consent of the Popish Clergy that is to say the consent of the Pope their Head whose Laws they obey'd in defiance of their leige-Leige-Lords and Soveraign Kings I know there was old Tugging frequently betwixt our Kings and the Popes and sometimes the staring people cryed Now the Pope then in hopes Now the King has got is but if any stout King did as they did try for Mastery with this Whore and who should wear the Britches yet Pope Joan or Pope John or howsoever nam'd always got the better at long run Of which I will Instance in some few particulars that first occur and come to mind for I scorn to spend so many days as this D. D. with his Smec-conjoyn'd has been Months in Labour for the production of his Ridiculus mus Robert Kildwardby Archbishop of Canterbury 6. Edw. 1. Fleec't the whole Province of Canterbury namely the greatest part of the Kingdom of England by his Provincial-Visitation not by down-right plundering of the Clergy Church-wardens and the poor and rich Sinners he knew a way worth two on 't the other had been the ready way to be hang'd for Edward 1. was neither Bigot Antiq. Brit. Ec. p. 196. Fook nor Coward for He saith Mat. Parker being the Popes Creature went a visiting as some do now a days without any Commission from the King no strange thing in those days more strange in our days now that they have not as formerly a Pope to back them and whose Creatures they were in despight of the King But this crafty Robert Kildwardby play'd the Fox in his Visitation and Se donis saith the Historian non imperitando sed artificiose ut fratres sui ordinis solebant suadendo locupletavit that is He enrich'd himself and fill'd his pockets but how not by an open violent way of force and command but craftily with sleight of Hand and Tongue as the Brethren of his Order are wont to do pick'd their pockets with a parccl of fair words Why that 's better yet then the Hectoring way Come Clergy-man deliver your Purse your Purse for Procurations Visitations c. The Naked-Truth on 't was the Pope Nicholas 3d. had a Cardinals Capp at Robert's service if he would come up to the price on 't and bid like a Chapman but all the craft lay in the catching the Money to day the purchase Whereupon Kildwardby does not go in the old Road of Procurations Synodals and Vilitations that even in those times were not onely grumbled at by the Slaves
in their own names and not in the name and stile of the King their head and the head of the Church as well as State and as all other his Majesties Courts are kept in England Indeed the Courts-Baron and Courts Leet c. are kept in the name of the Lord of the Leet Hundred c. they being the Lords-Courts properly and not the Kings-Courts no more than his Lands or Mannors are properly the Kings Lands and Mannors But the Courts of Justice whether Ecclesiastical or Civil ought surely to be open to all the Kings Leige people and have the Kings Authority name and stile not only for their Warrant and Authority but to give them thereby life vigour power Granduer and Majesty And 't is strange to me that men who have taken the Oath of Supremacy have bid desiance to the Pope and do not pretend to set up a Commonwealth in a Common-wealth nor any Government independent of the Crown Imperial of this Realm nor have no privy designs at some time or other to stand as of old upon their own legs without dependance upon the King whom both Papists Presbyterians Fift-monarchy-men c. endeavour to subjugate to their discipline should be so aukward and loath to have their Processes and Citations go out and run as other Writs in the Kings name and stile and it were but for their own ends to agrandize their Processes and Proceedings except as formerly the Clergy do take care to have as little dependance upon a Lay-man as possibly may be and I say again it will never be well nor our differences cemented until Lay and Ecclesiastical men be one and the same with one and the same ends and designs in this Kingdom where all Ecclesiastical and Lay-power is united and one and the same in one Head our Soveraign Lord the King 'T is this Bigottism that undoes us and wars upon the score of Religion that above all other things has blooded all over the woful face of Christendom But let me hear of no more Extortions for Visitations Procurations Synodals Institutions Inductions Ordinations Licenses to Preach Sequestrations Pilling and Polling the Clergy nor in Probate of Wills the Laity and in Visitations Church-Wardens And when they have done and Performed their said Great Duties if after that they cry out for want of work and Employment let them also sit upon as many Benches as shall be thought fit It is acknowledged also That Convocations are alwayes have been and ought to be Assembled by the King 's Writ only no doubt on 't for else they are an Unlawful Conventicle And there let them Sit together 'till I or any Body else disturb them or meddle with them The Power to make Laws for the Church was ever in the King and Parliament only and who ever denyes the same 't is fit they should severely Answer it in a Parliament Have a care of a Parliament Mr. Arch-Deacon Have a care of a Praemunire War-Hawk I will not say War-Buzzard I had almost forgot to touch upon one String with which he makes a great Sound and Noise in his Proem and that is to prove That Chancellors Registers Sumners Officials Commissaries Advocates Notaries Surrogates c. ejusdem farinae are all Church-Officers Jure Divino and according to Holy Writ Ay! But where What Chapter What Verse It follows as close as any thing In 1 Cor. 12.28 Helps in Government The Registers are but to Make I thought that had been the Judges Office to Make and keep the Acts of Court c. Advocates and Proctors to Order and Manage Causes And Apparitors to Serve Process and Execute Mandates c. Then this Remark Mr. Hickeringill is a Man of great Experience in Spiritual Jurisdiction and need not be told of these plain Matters having said in the first words of this Paragraph But How Witless and Quaker-like is this And How unlike Mr. Hickeringill Sometimes he makes Mr. Hickeringill a Hobbist a Papist a Statist and a Man of great Experience in Ecclesiastical Jurisdiction and now a Witless Quaker Even just what the Good Old Gentleman pleases But sure Mr. Arch-Deacon does mistake and Mr. Hickeringill is not a Man of so great Experience but he had need to be told of these Plain Matters again and again before it can be beaten into his Head That the Apostle who never had Register Surrogate Apparitor nor Commissary Official nor Advocate nor the Primitive Church no not so much as an Arch-Bishop or an Arch-Deacon should ever intend or mean any such Creatures when he told the Corinthians of Helps in Government Well of a D. D. 't is an Incomparable Finder a Piercing and Quick-sighted Commentator for a Man of his Age that cannot see without Spectacles For Proctors Sumners and Apparitors are just such Helps in Government in the Church as Squire Dun and Gregory in the State namely Helps to Ruin many Alas Poor Primitive Church of Christ That made a Shift to subsist many Hundreds of Years by Miracle surely and yet never had these Ass-sistants or Helps in Government Such Helps in Government God knows Plut. Lives p. 940. as are far more fit to People the City that Plutarch speaks of called Poneropolis God grant them a good Shipping they 'l meet with many of their Brethren in Spain and Italy And it is as sensless to Defend these Ecclesiastical Fellows by Magna Charta because such as They if they still be Papists as those were were then Members of Holy-Church and brought hither from Rome by William the Conquerour For by that First Clause of Magna Charta That the Church of England shall be Free and have all Her Liberties c. can never be meant as the Arch-Deacon would insinuate that it is a Sin to alter that Frame of Government and the Rights and Libertyes of Holy Church For Peter-Pence First Fruits and Tenths to the Pope Investiture of Bishops c. with many other were then the Right and Liberties of Holy Church as aforesaid when Magna Charta was Made I have not willingly omitted to give Answer to all and every the idle Cavils and Exceptions in his Book Once for all by way of Conclusion for I am quite tired with his Impertinencies let the Reader Read the Statute of 1. Eliz. 1. and he will find 1. That the Popish Ecclesiastical Jurisdiction of the Church at the Making of that Statute was cut off utterly by the Name of all Forreign Powers Repealing the 1. and 2. Phil. Mar. 8. whereby the See of Rome had been again set up in England from whence that Statute confesses with great Contrition to use the Words of that Statute They had a long while wandred and strayed abroad and in which Statute the Protestant Ecclesiastical Jurisdiction set up by Edward 6. is Disanulled 2. That therefore by 1. Eliz. 1. it appears there was then neither Popish nor Protestant Jurisdiction Ecclesiastical 3. That therefore full Power and Authority is granted to the Queen Her
the Name being the first Arch-bishop that wheedled himself into the estate of the deceased that died Intestate or that gave Letters of Administration in England and yet this deep-read Arch-Deacon makes the common Law depose and Justify their proceedings in Spiritual Courts Pretending that since the Poor Soul died without a Will and so Consequently had not taken care to Redeem his Soul out of Purgatory by giving the Priests his Goods Mony or Lands for so many Masses to that purpose therefore the Archbishop Piously took that care upon him yet he himself hapned to dye though not Intestate yet so suddenly for two judgments in Parliament against him namely the aforesaid and presently after for endeavouring to defraud the King of Three-hundred pounds of Money belonging to one Bonamy a banish't Jew and which he would have been fingering for himself knowing that the Money lay in the Priory of Bridlington within his Jurisdiction Broke his heart his Executors would not or durst not meddle with his Goods Executores enim sui se intromittere noluerunt Ibid ita quod non proprio sed potius alieno fiebant expensae funerum in ecclesia sua cum honore simplici repositus est non enim panis vel obolus pro anima ipsus dabatur unde justo dei Judicio contigit ut qui subditorum bona maxime ab Intestatis sitiret subita quasi morte praeventus nullum vel modicum ex Testamento suo proprio consecutus est Emolumentum That is saith Henry De Knighton His Executors would not meddle with the Execution of his Will so that his Funeral expences were defrayed out of other Men's rather than his own Estate he was buried in his own Church after a very homely manner for not a bit of bread was given to the poor nor one farthing to pray for his Soul by the just Judgment of God upon him that he that did so thirst after Intestates Estates especially dying in his province being prevented by a sudden death got none or very little benefit by his own last Will and Testament The second Instance shall be in Scotland for King Edward the first was King thereof at least by conquest King Edward the Conquerour of Scotland when the Bishop of Glasgow having a spight and a pique against a Minister of his Diocess Deprived him of his Living Tortiously and Arbitrarily whereupon King Edward the first by his Letters to his Lieuetenant or Guardian of Scotland restor'd him upon the Petition of John Comyn in these words Al Tres honorable prince e noble In Bundel Breviâ—…n petic in Tur. Load An. 24. E. 1. e a son Trescher signur lige sire Edward par la grace Dieu noble Roy Dengleterre le ce ou si luy plest Johan Comyn Kaunk il set e poet de Honur e de Reverence Com a seon seignur lige Chire sire si vus plest io vus pri especialment ke vus deyngnet mander vostre Lettre au Gardeynde Escoce pur mettre mesh Robert Mounsycitien partur de ceste Lettre en la eglice de graunt Dalton de la quele sire Robert Evesk de Glascou c. 't is too tedious further to recite The last Instance is a Record of a Fine set upon the Bishop of Cork in Ireland for holding Plea in the Spiritual Courts of things belonging to the King's Crown and Dignity for which he was amerced 140. l. Claus 20. E. 1. m. 13. Hibern pro Roberto nuper Corcagensi Episc to be Levyed upon his Goods and Chattels in these words Cum venerabilis Pater Robertus Cortagiensis Episcopus huper coram venerabill patre S. Tuamensi Archi-Episcopo tunc Justis Regis Hiberniae amerciatus esset ad centum libras pro contemptu idem Episcopus Amerciatus esset postmodum coram eodem Justic ad quadraginta libras pro eo quod advocavit se tenuisse placita in Curia Christianitatis and Coronam Dignitatem Regis spectantia c. Teste Rege apud Westm primo die Decembris 20. R. R. E. 1. And 't is observable this great Fine was set by an Arch-Bishop of Tuam then the Kings Lord-Chief-Justice in Ireland For indeed in those dayes The Clergy were the greatest Lawyers and had the greatest places Bak. Chron p. 50. and yet they would not suffer any Clergy-Man to be subject to temporal Magistrates by a Canon made B. Steph. in a Synod held at London by Henry Bishop of winchester the Pope's Legate 'T is true King Henry the Second opposed this Canon and Thomas Becket Arch-Bishop of Canterbury that stood up for it and the Contest almost ruined them both But no King like King Henry the Eighth Bak. Chron. p. 95. and Edward the First for keeping the Crown safe from the usurpations of the Clergy this latter not suffering any Prelates to sit in the Parliament at Saltsbury Anno. 1274. and took their great Treasures hoorded up in Churches and Monasteries and put it in the Exchequer And though stout King Edward the Third strugled hard and a long time tug'd with John Stratford Arch-Bishop of Canterbury who threatned the King that he would exercise his Ecclesiastical Authority and proceed to Excommunication of his Officers though not of himself Queen or Children yet the great Offices of the Realm were executed by Clergy-Men in his Reign for at one time when Simon Langham was Arch Bishop of Canterbury he was also Lord Chancellor of England a Place that Becket resigned when he was made Arch-Bishop of Canterbury denying to be at the Helm of the Common Wealth and the Church both at once william Wickham Arch-Deacon of Linclon was Keeper of the Privy Seal David Willer Parson of Sommersham Master of the Rolls Ten Benesis't Ministers Civilians Masters of the Chancery William Mulse Dean of S. Martins Le Grand chief Chamberlain of the Exchequer Receiver and Keeper of the Kings Treasure and Jewels William Aksby Arch-Deacon of Northampton Chancellor of the Exchequer William Dighton Prebendary of St. Martins Clark of the Privy Seal Richard Chesterfield Prebend of St. Stephen's Treasurer of the Kings House Henry Smatch Parson of Oundel Master of the Kings Wardrobe John Newnham Parson of Fenny-Staunton one of the Chamberlains of the Exchequer John Rawsby Parson of Harwick Surveyor and Comptroller of the Kings Works Thomas Brittingham Parson of Asby Treasurer to the King for the part of Guifness and the Marches of Callice John Troys a Priest Treasurer of Ireland But certainly a Gospel-Minister may find work enough though he be a Bishop or Arch Bishop in the Works of his Ministry and most Honour I am not for Alterations and great Changes yet certainly the Face of our Church of England is not only comely but beautiful and well guarded by the Statutes of Uniformity and Confining all Places of Honour and profit in the Kingdom to the Son 's of the Church and to such only as can Conform to Her Liturgy and Administration of the Blessed Sacraments And