of Henry the eighth They are both repealed long since by Queen Mary and never were restored by any succeding Prince If there were any thing blame worthy in them let it dye with them I confesse I approve not the Construing of one Oath for another nor the swearing before hand to Statutes made or to be made But De mortuis nil nisi bonum Secondly I answer according to the equity aâ— my second ground that although it were supposed that our Ancestors had over reached themselves and the truth in some expressions yet that concerns not us at all so long as we keep our selves exactly to the Line and Level of Apostolicall Tradition Thirdly and principally I answer That our Ancesters meant the very same thing that we doe Our onely difference is in the use of the Words Spirituall Authority or Iurisdiction Which we understand properly of Iurisdiction purely Spirituall which extendeth no further then the Court of Conscience But by Spirituall Authority or Iurisdiction they did understand Ecclesiasticall Iurisdiction in the Exteriour Court which in truth is partly Spirituall partly Politicall The interiour habit which enableth an Ecclesiasticall Iudge to Excommunicate or Absolve or degrade is meerly Spirituall but the Exteriour Coaction is Originally Politicall So our Ancestors cast out Externall Ecclesiasticall Coactive Iurisdiction The same doe wee They did not take away froÌ„ the Pope the power of the Keyes or IurisdictioÌ„ purely Spirituall No more doe wee To cleare the whole businesse We must know that in Bishops there is a threefold power The first of Order The second of Interiour jurisdiction The third of Exteriour jurisdictioÌ„ The first is referred to the Consecrating and Administring of the Sacraments The second to the Regiment of Christians in the interiour Court of Conscience The third to the Regiment of Christian people in the Exteriour Court of the Church Concerning the two former I know no Controversy between the Church of Rome and us but one Whether the Bishop of Rome alone doe derive his Iurisdiction immediatly from Christ and all other Bishops do derive theirs mediatly by him Yet I confesse this Controversy is but with a part of the Church of Rome For many of them are of our mind that all Bishops hold their Iurisdiction immediatly from Christ as well as the Pope And if it were otherwise it were the grossest absurdity in the world For thousands of Bishops in Christendome doe not at all derive their holy Orders from S. Peter or any other Roman Bishop either mediatly or immediatly especially in Asia and Africa but froÌ„ the other Apostles Must all these poore Bishops waÌ„t the Key of Iurisdiction and be but half Bishops to humour the Court of Rome For they never had ordination or Delegation or Commission from Rome either mediatly or immediatly yet the ChristiaÌ„ World hath evermore received them for true complete Bishops But we have a Controversy with some others who acknowledge no power of Governing in a Bishop but meerly directive neither more nor lesse then a Phisitian hath over his Patient To advise him to abstain from some meats because they are hurtfull to him which advise the Patient may either obey or reject without sinne But all the Schooles have tyed two Keys to the Churches Girdle the Key of Order and the Key of Iurisdiction and I doe not mean to rob my Mother of one of her Keys What will ye shall I come unto you with a Rod A rod is more then chiding The principall Branch of this Rod is Excommunication a Punishment more to be feared in the Iudgement of the Fathers then all earthly Paines The Spirituall Sword Like the cutting of a member in the Body naturall Or the out lawing of a Subject in the body Politicall It is a Question in the Schooles whether the Pastors Sentence in binding and loosing be onely Declarative or also â—perative As if such glorious promises and so great solemnity where with this power was given did imply a naked declaration Keys are not given to signify the doore is open or shut but to opeÌ„ or shut it indeed For my part I have alwayes esteemed this QuestioÌ„ to be a meer Logomachy or Contention about words They who make the Sentence onely declarative in respect of man doe acknowledge it to be operative in respect of God And they who make it to be Operative make it to be Operative by the power of God not of maÌ„ Whether the effect be attributed to the principall cause or to the Instrument being rightly understood it is both wayes true But this will not excuse our Innovators who have robbed the Church of one of her Keys the Key of Spirituall jurisdiction They are so Iealous of the honour of God that they destroy the beauty of the world and jumpe over the backes of all second causes and so they would make the holy Sacraments to be bare Sigus As it was said of old the sword of the Lord and of Gideon so we may say now the Key of Christ and his Pastor St. Paul taxeth the Corinthians for saying I am of Paul I am of Apollo I am of Cephas I am of Christ What saith he is Christ divided Is Christ divided from his Ministers As it is an Errour on the one hand to depend so much upon Paul and Apollo and Cephas or any of them as not to depend principally upon Christ so it is an Errour on the other hand so depend so upoÌ„ Christ as to neglect Paul Apollo and Cephas In summe Christ made his Apostles not onely Lawiers to give Advise but Iudges to give Sentence He gave them not onely a Command but a Commission As my Father sent me so send I you That is I doe constitute you my Deputies and Surrogates with as ample power and commission as my Father gave me Bind Loose Remitt Retein whatsoever you doe on earth Clave non errante as long as your Key erreth not I confirm in heaven This is the Difference between the binding and loosing of Christ and the binding and loosing of his Ministers His power is Originall Primitive Soveraign Imperiall Their power is derivative Subordinate Delegate Ministeriall His Sentence is absolute ad Sentenâ—iandum simplicitâ—er Their Sentence is Conditionall ad Sententiandum si His Key never erreth Their Key may erre and many times doth erre To conclude the Apostles had a legislative power It seemed good to the Holy Ghost and to us to lay upon you no greater Burthen then these Necessary things The Observation of Sunday was an Apostolicall precept so is the Order of Deacons They had a Iudiciary power and their Tribunalls Against an Elder receive not an Accusation but before two or three witnesses They had a dispensative power To whom I forgave any thing for your sakes forgave I it in the person of Christ But all this is onely in the interiour Court of Conscience The third power of Bishops is the power of exteriour IurisdictioÌ„ in the
power to name and constitute two and thirty Commissioners sixteen of the Clergy and other sixteen of the Peers and Parliament to view the Ecclesiasticall Lawes of the Kingdome and declare which were fit to be retained and which were to be abrogated The same Law is confirmed and enlarged The Sixth Law restreineth the payment of Tenths and First Fruits to the Bishop of Rome And prescribeth how Arch-bishops Bishops c. are to be elected and consecrated within the Realm without payment of any thing to Rome for Bulls and Pals c. The seventh law is an Act of Eâ—oneration of the Kings subjects from exactions and impositions heretofore paid to the See of Rome for Pensions Peterpence Licenses Dispensations Confirmations faculties c. and for having licenses and dispensations within the Realm without further suing for the same As being Vsurpations coâ—trary to the law of the land The eighth Act is Concerning the Kings Highnesse to be supreme Head of the Church of England that is Politicall head and to have Authority to redresse all Errours Heresies and Abuses in the same That is to say with externall Coactive Iurisdiction Wee never gave our Kings the power of the Keys or any part of either the Key of Order or the Key of Iurisdiction purely Spirituall but onely that Coactive power in the externall Regiment of the Church which their Predecessors had alwayes enjoyed The Ninth Act is for the annexing Tenths and first fruits to the Crown for the better supportation of the Burthens of the Commouwealth The tenth Act is au Act extinguâ—shing the Authority of the Bishop of Rome or extirpating it out of this Realm That is Not the Bishop of Romes Primacy of Order Not his beginning of Vnity Not that respect which is dne to him as Bishop of an Apostolicall See If he have not these it is his own fault This is not our quarrell It is so far from it that wee do not envy him any just legacies of Christian Emperours or Generall Councells But that which our Ancestors did extinguish and endeavour to extirpate out of England was the Popes externall Coactive power over the Kings Subjects in foro contentioso as wee shall see by and by when we come to state the quarrell rightly between us After this Act there followed au eleventh Act made for corroborating of this last Act to exclude the usurped power and Iurisdiction of the Bishops of Rome And both these Acts are backed with new Oaths as those times were fruitfull of Oaths such as they were The last Act of any moment was an Act of Ratification of the Kings Majestjes Style of Supreme head of the Church of England making it treason to attempt to deprive the King of it But as well the eighth Act which gave the King that title of the Head of the Church as this twelfth Act which makes it treason to attempt to deprive the King of it are both repealed and never were restored So are likewise the tenth Act of extinguishing the Authority of the Bishop of Rome and the eleventh act made for corroboration of that Act with both their Oaths included in them All that hath been added since of moment which concerneth the Bishop of Rome is one Act Restoring to the Crown the ancient Iurisdiction over the State Ecclesiasticall and Spirituall and abolishing all forrain power repugnant to the same Here is no power created in the Crown but onely an ancient Iurisdiction restored Here is no forrein power abolished but onely that which is repugnant to the ancient Lawes of England and to the Prerogative Royall In a word here is no power ascribed to our Kings but meerly Politicall aud Coactive to see that all their Subjects doe their Dutyes in their severall places Coactive power is one of the Keys of the Kingdome of this world it is none of the Keys of the Kingdome of Heaven This might have been expressed in Words lessé subject to exception But the case is clear The Grand Act xxv Hen. 8. cap. 12 The Injunctions of Queen Elizabeth The Articles of our Chutch Art 37. doe all proclaime that this power is merely Politicall Christ gave St. Peter a Commission to preach to baptise to bind and loose in the Court of Conscience but where did he give him a Commission to give Licenses to grant Facultyes to make Lawes to dispense with lawes to receive appeales to impose Tenths and First fruits in other mens Kingdomes whether the right owner will or no Who gave him power to take other mens Subjects against their Wills to be his Officers and Apparitors That is more power then Christ himself did challenge here upon Earth And now Reader take a Stand and looke about thee See among all these Branches of Papall power which were cast out of England if thou caust find either of St. Peters Keys or his Primacy of Order or his Beginning of Vnity or anything which is purely Spirituall that hath no further influence then merely the Court of Conscience No but on the other side behold a pack of the grossest Usurpations that ever were hatched and all so late that is was above a thousand years after the death of S. Peter be fore any of his pretended Privileges did see the sun in England observe them one by one The first is a power to dispense with English Subjects for holding Plurality of Benifices contrary to the Lawes of England And for non Residents contrary to the Statutes of the Realm It had been much to have made Merchandise of his own Decrees but to Dispense with the Lawes of the Land Non auderet haec facere Viduae mulieri He durst not doe so much to a poore widow woman as he did to the Church and Kingdome of England to dispense with their Lawes at his pleasure It is but vain for the Flower of our Kingdome to assemble aud consult about healthfull Lawes if a Forrainer have power to dispense with the breach of them as it seemeth good in his Eyes They might as well sit them downquietly fall to pilling of rushes The second Branch of Papall power which was Excluded out of England was the Popes Iudiciary power I doe not mean in Controversies of Faith when he is in the Head of a councell Yet Eugeniur the fourth confesseth that in points of Faith the sentence of the councel is rather to be atteÌ„ded theÌ„ the sentence of the Pope But I mean in points of meum and tuum not onely in some rare cases between Bishop and Bishop which had been lesse intollerable and had had more shew of Iustice but generally in all cases promiscuously as if the whole nation wanted either discretion or Law to determin their own differences at home without the help of the Roman Courtier tosqueese their purses It was not Henry the eighth but the old Lawes of England which gave them this blow against Appeales to Rome The third Branch of papall
SCHISME GARDED and beaten back upon the right owners Shewing that our great controversy about Papall power is not a quaestion of faith but of interest and profit not with the Church of Rome but with the Court of Rome wherein the true Controversy doth consist who were the first innovators when and where these Papall innovations first began in England with the opposition that was made against them By JOHN BRAMHALL D. D. Bishop of Derry Act. 25. 10. I stand at Caesars judgmēt seate where I ought to be judged Psalm 19. 2. Dies diei eructat verbum nox nocti indicat scientiam GRAVENHAGH Imprinted by JOHN RAMZEY Anno M.DC.LVIII To the CHRISTIAN READERS especially the Roman-Catholicks of England CHristian Reader the great Bustling in the Controversy concerning Papall power or the discipline of the Church hath been either about the true sense of some Texts of holy Scripture As thou art Peter and upon this rocke will I build my Church and to thee will I give the Keies of the Kingdome of heaven and feed my sheepe Or about some privileges conferred upon the Roman See by the Canons of the Fathers and the Edicts of Emperours but praetended by the Roman Court and the mainteiners thereof to be held by divine right I ēdevour in this Treatise to disabuse thee and to shew that this challenge of divine right is but a Blind or Diversion to withhold thee from finding out the true State of the Quaestion So the Hare makes her doubles and her iumpes before she come to her Forme to hinder Tracers from finding her out I demonstrate to thee that the true controversy is not concerning St. Peter we have no formed difference about St Peter nor about any point of faith but of interest and profit nor with the Church of Rome but with the Court of Rome and wherein it doth consist namely in these quaestions VVho shall conferre English Bishoprickes who shall convocate English Synods who shall receive tenths and first fruites and Oathes of Allegiance and Fidelity VVhether the Pope can make binding Lawes in England without the consent of the King and Kingdome or dispense with English Lawes at his owne pleasure or call English Subjects to Rome without the Princes leave or set up Legantine Courtes in England against their wills And this I shew not out of the opinions of Particular Authors but out of the publick Lawes of the Kingdome I prove moreover out of our fundamentall Lawes and the writings of our best Historiographers that all these branches of Papall power were abuses and innovations and usurpations first attempted to be introduced into England above eleven hundred yeares after Christ with the names of the Innovators and the praecise time when each innovation began and the opposition that was made against it by our Kings by our Bishops by our Peeres by our Parliaments with the groanes of the Kingdome under these Papall innovations and extortions Likewise in point of doctrine thou hast been instructed that the Catholick faith doth comprehend all those points which are controverted betvveene us and the Church of Rome vvithout the expresse beliefe vvhereof no Christian can be saved vvhereas in truth all these are but opinions yet some more dangerous then others If none of them had ever bene started in the vvorld there is sufficient to salvation for points to be believed in the Apostles Creed Into this Apostolicall faith professed in the Creed and explicated by the foure first Generall Councells and onely into this faith vve have all been baptised Farre be it from us to imagine that the Catholick Church hath evermore baptised and doth still baptise but into one half of the Christian faith In summe doest thou desire to live in the Communion of the true Catholick Church So do I. But as I dare not change the cognisance of my Christianity that is my Creed nor enlarge the Christian faith I meane the essentialls of it beyond those bounds vvhich the Apostles have set So I dare not to serve the interest of the Roman Court limit the Catholick Church vvhich Christ hath purchased vvith his blood to a fourth or a fifth part of the Christian vvorld Thou art for tradition So am I. But my tradition is not the tradition of one particular Church contradicted by the tradition of another Church but the universall and perpetuall tradition of the Christian vvorld united Such a tradition is a full proofe vvhich is received semper ubique ab omnibus alvvaies every vvhere and by all Christians Neither do I looke upon the oppositiō of an handfull of Heretickes they are no more being compared to the innumerable multitudes of Christians in one or two ages as inconsistent vvith universality any more then the highest mountains are inconsistent vvith the roundnesse of the earth Thou desirest to beare the same respect to the Church of Rome that thy Ancestours did So do I. But for that fullness of power yea coactive power in the exteriour Court over the subjects of other Princes and against their vvills devised by the Courte of Rome not by the Church of Rome it is that pernicious source from vvhence all these usurpations did spring Our Ancestours from time to time made Lavves against it and our reformation in pointe of discipline being rightly understood vvas but a pursueing of their steppes The true controuersy is vvhether the Bishop of Rome ought by divine right to have the externall Regiment of the English Church and coactive jurisdiction in English Courtes over English Subjects against the vvill of the King and the Lavves of the Kingdome SCHISME GARDED and beaten back upon the right owners Or A cleare and CIVIL ANSWER to the railing accusation of S. W. in his late Booke called SCHISME DISPAT'CHED Whatsoever S. W. alias Mr. Serjeant doth intimate to the contrary for he dare not cough out it is a most undeniable truth that no particular Church no not the Church of Rome it self is exempted from a possibility of falling into errours in faith When these errours are in Essentials of faith which are necessary to salvation necessitate medii they destroy the being of that Church which is guilty of them But if these errours be in inferiour points such as are neither absolutely necessary to Salvation to be known nor to be believed before they be known such an Erroneous Church erring without obstinacy and holding the truth implicitly in praeparatione animi may and doth still continue a true member of the Catholick Church and other coordinate Churches may and ought to maintein Communion with it not withstanding that they dissent in opinion But if one Church before a lawfull determination shall obtrude her own Errours or Opinions upon all other Churches as a necessary condition of her communion or after Determination shall obtrude doubtful opinions whether they be Erroneous or not as necessary Articles of Christian faith and so not onely explain but likewise enlarge the Ancient Creeds she becommeth Schismaticall As on the
with Sâ— Peter nor with any other about the privileges of St. Peter Let him be First Chiefe or Prince of the Apostels in that sense wherein the Ancient Fathers stiled him so Let him be the First Ministeriall Mover And why should not the Church have recourse to a prime Apostle or Apostolicall Church in doubtfull cases The learned Bishop of Winchester of whom it is no shame for him to learn might have taught him thus much not onely in his own name but in the name of the King and Church of England Neither is it questioned among us whether St. Peter had a Primacy but what that Primacy was And whether it were such an one as the Pope doth now Challenge to him self and you challenge to the pope But the King doâ—h not deny Peter to have been the prime and prince of the Apostles I wonder how it commeth to passe that he who commonly runneth over in his expressions should now on a suddain become so dry upon this Subject If this be all be needed not to have forsaken the Communion of the Church of England for any great Devotion that he beareth to St. peter more then wee But yet wee dare not rob the rest of the Apostles to cloath St. Peter Wee say clearly with St. Cyprian Hoc erant utique caeteri Apostoli quod fuit petrus pari consortio praediti honoris Poâ—estatis sed exordium ab Vnitate proficisciâ—ur Primatus Petro daâ—ur ut una christi Ecclesia una caâ—hedr a monstretur The rest of the Apostles were even the same thing that Peter was endowed with an equall Fellowship both of honour and power but the beginning commeth from Vnity the primacy is given to Peter to signify one church and one chaire It is wel known that St. Cyprian made all the Bisshop ricks in the World to be but one masse Episcopatus unus est Episcoporum multorum concordi numerositate diffusus whereof every Bishop had an entire part cujus a singulis in solidum pars tenetur All that he attributeth to St. Peter is this beginning of Vnity this primacy of Order this preheminence to be the Chief of Bishops To be Bishop of the principall Church from whence Sacerdot all Vnity did spring Yet I esteem St. Ciprian as fauorable an Expositor to the See of Rome as any they wil find out of their own Chaire that was no more interessed in that See This primacy neither the Ancients nor wee doe deny to St. Peter of Order of Place of preheminence if this first Movership would serve his turn this controversy were at an end for our parts But this Primacy is over leane The Court of Rome have no Gusto to it They thirst after a visible Monarchy upon earth an absolute Ecclesiasticall Soveraignty A power to make Canons to abolish Canons to dispense with Canons to impose pensions to dispose dignities to decide Controversies by a single Authority This was that which made the breach not the innocent Primacy of St. Peter as I shall demonstrate by evident proofes as cleare as the noone day light Observe Reader that Mr. Serjeant is making another Vagare our of the lists to seeke for his Adversary where he is sure not to find him here after if he have a mind to employ his pen upon this subject and not to barke at the Moonshine in the water let him endeavour to demonstrate these foure things which wee deny indeed First that each Apostle had not the same power over the Christian world by virtue of Christ Commission As my Father senâ— mee so send I you which St. Peter had Secondly that St. Peter ever excercised a single Iurisdiction over the persons of the rest of the Apostles more then they over him besides and over and above his Primacy of Order or beginning of Vnity Thirdly that St. Peter a lone had his Commission granted to him by Christ as to an Ordinary Pastour to him and his Successors And all the rest of the Apostles had their CoÌ„missions onely as Delegates for term of life This new hatched Distinction being the foundation of the present Papacy I would be glad to see one good author for it who writ within a thoâ—sand yeares after Christ. Lastly that the Soveraignty of Ecclesiasticall power and Iurisdiction rested in St. Peter alone and was exercised by him alone and not by the Apostolicall College During the hystory of the Acts of the Apostles Now let us proceed from St. Peter to the Pope which is the second part of his rule of Government And that the Bishops of Rome as Successors of St. Peter inherited from him this Privilige in respect of the Successors of the rest of the Apostles And actually exercised this power in all the Countreyes which kept Communion with the Church of Rome what Privilege To be the first Bishop the Chiefe Bishop the principall Bishop the first mover in the Church just as S. Peter was among the Apostles we have heard of no other Privilege as yet If a man would be pleased ou of meer pitty to his starving cause to suppose thus much what good would it doe him Doth he think that the pope or the court of Rome would ever accept of such a Papacy as this or thanke him for his double diligence He must either be meanly versed in the Primitive Fathers or give little credit to them who will deny the Pope to succced St Peter in the Roman Bishoprick or will envy him the Dignity of a Patriarck with in his just Bounds But the Breach between Rome and England was not about any Episcopall Metropolitical or Patriarchall rightes A Patriarch hath more power in his proper Bishoprick then in his province and more in his province then in the rest of his Patriarchate But papall power is much greater then any Bishop did ever challenge in his own Diocesse In my answer to his Assumtion I shal shew sufficiently who they were that Brake this Bond of Vnion and are the undoubted Authors of Schisme But before I come to that I would know of him how the Pope did inherit all those Privileges which he claimeth from S. Peter or how he holds them by Christs own ordination in holy Scripture First all the Eastern Churches doe affirm Confidently that the most of these Privileges were the Legacyes of the Church representative not Christ or St. Peter And it seemeth to be very true by that of the Councell of Sardica Si vobis placet Sancti Petri memoriam honoremus If all these Priuileges were the popes inheritance it was not wel done of old Osius to put it upon a Si placet content or not content and to assigne no better a reason then the memory of a Predecessour It semeth likewise to be true by the Councel of Chalcedon which attributeth the primacy of the Bishop of Rome to the Decrees of the Fathers and the dignity of that imperiall City And when the popes
Matrimony of Cloysterers from their Vowes of Celibate of all sorts of persons from all Obligations Civill or sacred And whereas no Dispensation ought to be granted without just cause now there is no cause at all inquired after in the Court of Rome but onely the Price This is that which the nine choise Cardinalls laid so close to the conscience of Paul the third How Sacred and Venerable the Authority of the Lawes ought to be how unlawfull and pernicious it is to reape any gaine from the exercise of the Keys They inveigh sadly throughout against dispeÌ„satioÌ„s and among other things that Simoniacall persons were not affraid at Rome first to commit Simony and presently to goe buy an AbsolutioÌ„ and so reteine their Benefice Bina Venena juvant Two grosse Simonies make a title at Rome Thankes to the Popes dispensations But I must contract my discourse to those Dispensations which are intended in the Lawes of Henry the eight that is the power to dispense with English Lawes in the Exteriour Court Let him bindor loose inwardly whom he will whether his Key erre or not we are not concerned Secondly as he is a Prince in his own Territories he that hath power to bind hath power to loose He that hath power to make Lawes hath power to dispense with his own Lawes Lawes are made of Common Events Those benigne Circumstances which happen rarely are left to the dispensative Grace of the Prince Thirdly as he is a Bishop whatsoever dispensative power the ancient Ecclesiasticall Canons or Edicts of Christian Emperours give to the Bishop of Rome within those Territories which were subject to his Iurisdiction by Humane right we do not envy him So he suffer us to enjoy our ancient Privileges and Immunities freed from his encroachments and Vsurpations The Chief ground of the Ancient Ecclesiasticall Canon was Let the Old Customes prevaile A Possession or Prescription of eleven hâ—ndred yeares is a good ward both in Law and Conscience against humane Right and much more against a new pretense of divine right For eleven hundred yeares our Kings and Bishops enjoyed the â—ole dispensative power with all English Lawes Civill and Ecclesiasticall In all which time he is not able to give one Instance of a Papall Dispensation in England nor any shadow of it when the Church was formed Where the Bishops of Rome had no Legislative power no Iudiciary power in the Exteriour Court by necessary consequence they could have no Dispensative power The first reservation of any Case in England to the Censure and absolution of the Pope is supposed to have been that of Albericus the Popes Legate in an English Synod in the yeare 1138. Neque quisquam ei praeter Romanum Pontificem nisi mortis urgente periculo modum paenitenttae finalis injungat Let no man injoyn him the manner of finall Pennance but the Bishop of Rome except in danger of death But long before this indeed from the beginning our own Bishops as the most proper Iudges who lived upon the place and see the nature of the Crime and the degree of the Delinquents Penitence or Impenitence did according to equity relaxe the rigour of Ecclesiasticall Canons as they did all over the Christian world before the Court of Rome had usurped this gainfull Monopoly of Dispensations In the Lawes of Alured alone and in the conjoint Lawes of Alured and Guâ—thrun we see how many sortes of Ecclesiasticall crimes were dispeÌ„sed withall by the sole authority of the King and Church of England and satisfaction made at home to the King and to the Church and to the Party grieved or the Poore without any manner of reference at all to the Court of Rome or to any forrein Dispensation The like we find in the the lawes of some other Saxon Kings There needed no other paenitentiary taxe Dunstan the Arch-Bishop had Excommunicated a great Count He made his Peace at Rome and obteined the Popes Commaund for his restitution to the bosome of the Church Dunstan answered I will obey the Pope willingly when I see him paenitent But it is not Gods will that he should lie in his sinne free from Ecclesiasticall discipline to insuâ—t over us God forbid that I should relinquish the law of Christ for the cause of any mortall man Roman dispensations were not in such Request in those daies The Church of England dispensed with those Nunnes who had fled to their Nunneries not for the love of religioÌ„ but had takeÌ„ the veile upon them meerly for feare of the French and this with the counseile of the King in the daies of Lanfranke and with Queene Maud the wyfe of HeÌ„ry the First in the like case in the daies of Anselme without any suite to Rome for a forreine dispensatioÌ„ There can be nothing more pernicious then where the sacred Name of Law is prostituted to avaricious ends Where Statutes or Canons are made like Pitfals or Traps to catch the Subjects by their purses where profitable faults are cherished for private Advantage by Mercinary Iudges as beggers doe their sores The Roman Rota doth acknowledge such ordinary avaricious Dispensations to be Odious things The Delected Cardinalls make them to be sacrilegious things an unlawfull selling of the power of the Keys Commonly they are called Vulnera Legum The woâ—nds of the Lawes And our Statutes of Provisers doe stile them expresly the undoing and Destruction of the Common Law of the Land The King the Lords Spirituall and Temporall and the whole Common wealth of England complained of this abuse as a mighty Grievance Of the frequent comming among them of this infamous Messenger the Popes Non Obstante that is his Dispensations by which Oaths Customes Writings Grants Statutes Rights Privileges were not onely weakened but exinanited Sometimes these Dispensative Bulls came to legall Tryalls and were condemned By the Law of the Land the Arch-Bishop of Canterbury was Visiter of the Vniversity of Oxford Boniface the eyght by his Bull dispeÌ„sed with this law and exeÌ„pted the Vniversity from the Iurisdiction of the Arch-Bishop Whereupon there grew a Controversy and the Bull was decreed voide in Parliament by two succeding Kings as being obtained to the Prejudice of the Crown the weakning of the Lawes and Customes of the Kingdome in favour of Lollards and hereticks and the probable Ruine of the said Vniversity How the Liberties of France and the Lawes and Customes of England doe accord in condemning this Vsurpation wee have seen formerly The power of the Pope is not absolute in France but limitâ—ed and restrained by the Canons of Ancient Councells If it be Limitted and restrained by Ancient Canons then it is not Paramount above the Canons then it is not dispensative to give Non Obstante's to the Canons And the Popes Legate may not execute his Commission before he have promised under his Oath upon his holy Orders that he will not attempt any thing in the exercise of his Legantine power to
advanceth the Papacy above the Representative Church is no worse then their Virtuall Church the Pope and the Court of Rome with all their adherents they who have the Keys in their hands such a party as he dare not say his soule is his own against them nor maintain the Contrary that a Generall Councell is above the Pope He urgeth that I ascribe no more to S. Peter and the Pope for their first Movership but onely Authority to sit first in Councell or some such things I ascribe unto the Pope all that power which is due unto him either by divine right or humane right at the Iudgement of the Church but I doe not hold it meet that he should be his own Carver And for S. Peter why doth he not leave his wording of it in Generalls and fall to work with Arguments in particular if he have any We offer him a faire tryall for it that S. Peter never enjoyed or exercised any greater or higher power in the church then every one of the Apostles had either extensively or intensively either in relation to the Christian world or the Apostolicall College except onely that Primordium Vnitatis or Primacy of Order which he scoffeth at every where Yet neither do we make his first Movership void of all Activity and influence as he accuseth us First we know he had Apostolicall power which was the highest spirituall power upon Earth As my Father sent me so send I you Secondly some power doth belong to a First Mover even by the Law of nature besides the First seate As to convocate the Members to preserve Order to propose such things as are to be discussed to receive the Votes to give the Sentence and to see it executed so far as he is trusted by the Body What the Church of England believeth of the Popes inheriting St. Peters Privileges and the exercise of that power before the Reformation and how the breach was made and when I have shewed abundantly already Wee have seen his rare skill in the discovery of a Falsification or a ContradictioÌ„ now let us see if his sent be as good to find out an Absurdity He maketh me argue thus The Pope did not exercise St. Peters power because he exercised St. Peters power and much more which is as much as to say totum est minus parte aud more does not contain lesse and then he Crowes out his Victory aloud a hopefull Disputant who châ—seth rather to run upon such Rocks c. What Rocks doth he mean I hope none of the Acroâ—eraunia those ridiculous things which he calls Rocks are soapy bubbles of his own Blowing This inference is none of mine but his own Is it not possible for this great pretender to sincerity to misse one Paragraph without Falsifications Give him leave to make Inferences and Periphrases which is as much as to say and Africa did never abound so much with Monsters as he will make the most rationall writing in this world abound with Absurdities I desire the Courteous Reader to view the place and either to pitty his Ignorance or detest his Impudence The words which I answered were these That the Bishops of Rome actually exercised St. Peters power in all those Countries which kept Communion with the Church of Rome that very yeare when this unhappy Seperation began My answer was that this Assertion did come far short of the truth in one respect for the Popes exercised much more Power in those Countries which gave them leave then ever St Peter pretended to Here is no other inference but this The Pope exercised more power then ever St. Peter pretended to therefore this Assertion that he exercised St. Peters power came short of the truth which consequence is so evideâ—t that it can admit neirher denyall or doubting What hath this to do with his whole is lesse then the part or more does not contain the lesse But now suppose I had said as he maketh me to say on his own head that in this case the whole is lesse then the part or more does not contain the lesse what had he to carpe at Hath he never heard or read that in morality the half is more then the whole Hath he forgotten his Ethicks that he who swerveth from the Meane or strict measure of virtue whether it be in the excesse or in the defect is alike Culpable and commethshort of his Duty If the Pope as Successour to S. Peter did usurp more power then S. Peter had right to no man in his right wits can call it the actuall exercising of S. Peters power The second part of my answer was that as the Pope exercised more power then was due to him in some places where he could get leave so in other places no lesse then three parts of foure of the Christian World that is all the Eastern Southern and Northern Churches his Vniversall Monarchy which he claimed was Vniversally rejected For this I am first reviled Are moderate expressions of shamelesnesse sufficient to Character this man c. If better was within better would come out But Stultis the saurus iste est in linguasitus ut discant male loqui melioribus And then when he hath first censured me he attempteth to answer me as well as he is able that the Pope exercised his power over them by excommunicating them as Revolters As Revolters In good time They were Christians and had Governours of their own before either there was a Church of Rome or Bishop of Rome and never acknowledged themselves to be his Subjects untill this day nor regarded his Excommunicatious upon that score at all If they were Revolters the Apostolicall Age and all succeding Ages were joined in the Revolt These are his rigorous demonstrations to prove the Popes single Iurisdiction by divine right from his own impotent Actions If the Pope have a Supremacy of Power by divine right he hath it over the world but that we see evidently he never enjoyed from the beginning if he did did not enjoy it universally from the beginning then certainly it cannot be an Apostolicall Tradition I doe begin with the Eastern Church because their case is plainest as having Proto-patriarchs of their own and Apostolicall Churches of their own but when that is once acknowledged I shall be contented to joine issue with him in the West First for our Britannick Churches and next even for the Church of Rome it self that the Popes Vniversall Monarchy and plenitude of Soveraign power by divine right was neither delivered from Parents to Children by perpetuall Tradition as a Legacy of Christ and his Apostles nor received by the Sonnes of that Individuall Church as a matter of Faith but onely a Primacy of Order or beginning of Vnity which we do not oppose nor yet those accessions of humane power which Christian Emperours and Oecumenicall Councells have conferred upon that See provided they be not exacted as a divine right His First Movership and