facto confirm what they had illegally done For it is both Reason and Law that a Nullity is not capable of Confirmation because Confirmation always presupposeth some antecedent Right in the thing to be confirmed It does not give a Right but does only strengthen an antecedent infirm Right Now it is certain that the Parishioners had no Right to raze out those Texts of Scripture which the Supreme Authority had placed there and therefore no Order got ex post facto could confirm what they had Illegally done 3. Nor could the Deputy-Chancellor's Order if they had procured it before they went to raze out those Texts of Scripture formerly writ upon the Walls have given them any just Power to raze out those Texts it being impossible that any inferiour Judg or Court should null the Sentence of the Supreme I know that Pope Gregory the First one of the first Introducers of Popish Superstition about Images tells us that Images are Lay-mens Books and that Pictures are as profitable to Idiots who cannot as the Scriptures are to those who can read them An Assertion evidently erronoous and impious And yet the Trent-Conventicle to the same purpose faith That Images instruct and confirm the People in the Articles of Faith to their great Benefit But God Almighty by his Prophet tells us That Images are Teachers of Lies This King James of happy Memory and his pious and learned Convocation well knowing and that the Church of England had condemned the setting up of Images in our Churches as shall anon appear they Decree and Command That instead of Popish Images which were Teachers of Lies the Ten Commandments and choice Sentences of Scripture should be writ upon the Walls of our Churches whence without fear of Error the People might learn Divine and Infallible Truths And here the Saying of an antient and excellent Person is worthy of our Memory and Consideration 't is this They deserve to err who as the Papists do seek Christ and his Apostles not in the Sacred Scriptures but in Images and Pictures I know that the Painter and those few Parishioners who were for taking away those Sentences of Scripture antiently writ upon the Walls have instead of them writ some other Sentences of Scripture in several Places where none were before But this does not excuse but rather aggravate their Crime For 1. This was not done till some time after they had finished their Work wash'd out the Texts of Scripture antiently writ upon the Walls and set up all their Images When finding what they had done displeased many particularly their Bishop and that their Proceedings were censured as Illegal and by no Law Warrantable then and not till then they caused some other Texts of Scripture to be writ upon the Walls 2. And this they did without any Advice or Direction of their Minister or any who had the Cure of their Souls Whereas the Canon required that chosen Sentences of Scripture should be writ upon the Walls And we may be sure that the pious and learned King and Convocation who made that Canon did not intend that the ignorant Painter and poor Parishioners but some who had more Understanding and Cure of their Souls should choose such Sentences as should be for the Peoples Edification most plain and pertinent But no more of this For although what the Painter and a few private Persons did against the Canon and Constitution of the Supreme Power was Illegal and by no Law Warrantable yet the setting up Images in the place of those Sentences of Scripture which they have erazed was much worse as being repugnant and directly contrary to the Doctrine of the Church of England which has been and is approved and by our Supreme Power at present stands established by our good Laws Ecclesiastical and Civil That this may evidently appear it is to be considered 1. That the Popish Church in their Trent-Council which to them is an Oecumenical and General Council does define and command in order to their superstitious and Idolatrous Worship of them That the Images of their Saints be had and retained more especially in Churches where the poor People may see and have opportunity to worship them 2. That in the Reformation of our Church our Supreme Powers who regularly begun and piously and happily finish'd it expresly condemn'd not only the worshipping of Images but the having them in our Churches This does evidently appear in our Authentick Records to say nothing of our Learned particular Writers published by Supreme Authority to that purpose For 1. By the Injunctions of Edw. 6. it is commanded thus They shall take away and utterly destroy all Shrines c. and all Pictures Paintings and all Monuments of Idolatry and Superstition that there remain no memory of them in Walls Windows or elsewhere c. 2. And about three or four Years after in the same King's time it is by Act of Parliament expresly required That all Images graven carved or painted which yet stand in any Church should be defaced and destroyed And though this Statute in favour of Popish Superstition and Idolatry was repealed by Q. Mary yet that Queen's Statute was by good K. James repealed and to prevent and discourage Popery that Statutre of Edw. 6. was expresly revived and so remains still obligatory 3. Queen Elizabeth in her Injunctions Injunct 23. renews the Injunction of Edw. 6. in the same Words That all Images Paintings and Pictures should be taken out of all Churches c. 4. And the Homilies published by Q. Elizabeth tell us that Images de facto were taken out of Churches For the Homily says That the Churches were scowred and swept from the sinful and superstitious Filthiness which defiled them By which as appears by the said Homilies Images are principally meant 5. To the same purpose Cambden in his Life of Q. Elizabeth tells us That Images were actually removed out of our Churches by the Authority of Parliament 6. Once more the learned and incomparable Bishop Jewel in his Defence of his Apology of the Church of England doth both say and prove that Images ought not to be in any Churches or Places of God's Publick Worship By the Premisses it may and I believe does appear that in the Judgment of the Church of England Images are not to be tolerated in our Churches and Places of God's Publick Worship and therefore they were removed and defaced by the Supreme Powers Ecclesiastical and Civil declared and published in Canons of Convocation and Acts of Parliament But here it is objected by the Enemies of our Church and Reformation That our Reformers have been so zealous and indiscreetly fierce against Images that they have condemn'd the ingenious Art of Painting and even the civil Use of Images But this is a malicious Calumny and no real Consequence of our Churches Doctrine about Images as has been expresly and publickly
the Conquest above 600 Years ago and confirmed by the Conquerours amongst other the good Laws of Edward the Confessor and so continued Law for ought I know in all the Kings Reigns till the Banishment of the Jews which was Anno 18 Edvardi 1. The Law is this Sciendum quoque quod omnes Judaei ubicunque in Regno sunt sub tutelâ defensione Regis ligeâ debent esse nec quilibet eorum alicui Diviti se potest subdere sine Regis licentiâ Judaei enim omnia sua Regis sunt Quod si quisquis detinuerit eos vel Pecuniam eorum perquirat Rex si vult tanquam suum proprium I wish the chief Magistrate could admit them on these Terms for so they and all theirs omnia sua should be suum proprium which possibly might supply him with Money and so save Taxes And upon these Terms I and I believe every body else will willingly consent to their Readmission If any desire further Satisfaction in this particular either from Civilians Schoolmen Casuists Canonists Historians or other Divines he may consult these or such like I. Justinian Cod. de Judaeis Caelicolis lib. 1. tit 12. and the Gloss there II. Codex Theodosianus de Judaeis Caelicolis Samaritanis lib. 16. tit 8. pag. 515. III. Jacobi Sirmondi Appendix Cod. Theodosiani leg 6. pag. 14. leg 4. pag. 11. IV. Marquardus de Susanis Tractatu de Judaeis aliis Infidelibus inter tractatus Illustrium tom 14. pag. 28. Vide Bernardum Hieronimum Alexandrum Il tum aliosque Auctores ab eo ibidem citatos V. Mathaeus Wesenbecius in Comentario in Codicem Justinianeum de Judeis tit 9. pag. 14. VI. Decretum Gregorii extra de Judaeis Saracenis lib. 6. tit 6. VII Clementinar lib. 5. tit 2. de Judaeis VIII Corvini Jus Canonicum tit de Judaeis pag. 295. IX Fredericus Balduinus Casuum Conscientiae lib. 2. cap. 6. casu 5. pag. 188. X. Capitulare Caroli Magni lib. 6. cap. 120. cap. 308. XI Hen. Altingus Problematum Theolog part 2. problemate 21. pag. 340. XII Petrus Crespetius in summa Ecclef Disciplinae Verbo Judaeus pag. 520 c. fuse XIII Phil. Melancthon Epist. lib. 1. epist. 68. pag. 75. In Edit Corn. Bee XIV Martinus Becanus in compendio manualis lib. 5. cap. 17. pag. 509. XV. Decretum Concilii Viennensis contra Judaeos apud Hen. Canisium Lect. Antiquarum tom 1. pag. 621. apud Binium tom 3. parte alterâ pag. 1493. XVI Filiucius Casuum Conscientiae tract 22. cap. 5. pag. 40. col 2. de Judaismo XVII Johannes de Lugo de virtute fidei divinae disput 22. sect 4. Auctores ibi citat XVIII Bodinus de Repub. lib. 3 4. XIX Statutum de Judaismo apud D. Edvardum Cooke Institit part 2. pag. 506. Commentarium ejus in dictum Statutum XX. Aquin. 2. 21. quaest 10 11. vbi varia occurrunt de Judaeis XXI Erasmus Brockmannus Systemate Theologiae universae art 41. cap. 2. quaest 9. tom 2. pag. 5043. XXII Basilica Lenuclavii lib. 1. tit 1. cap. 9. de Judaeis Pag. 2. XXIII Hieronymus de sanctâ fide lib. contra Judaeos XXIV Petrus Galatinus de Arcanis Catholicae veritatis XXV Gilbertus Genebrardus in Symbolae fidei Judeorum è R. Mos. Aegyptio c. XXVI Vide etiam si placet Scriptores innumeros penè quos exhibet Georgius Draudius in Bibliotheâ Classicâ inter Libros Theologicos pag. 349 350 c. Alii alios de facili addant FINIS THE CASE Of Setting up IMAGES IN CHURCHES A Breviate of the Case concerning Setting up Images in the parish-Parish-Church of Moulton in the Diocess and County of Lincoln Anno 1683 4. UPON pretence of adorning beautifying the Church some of the Parishioners did 1. Wash out all the Sentences of Scripture formerly writ upon the Walls in that Church 2. Then without the Approbation and Advice or the general Consent of the Parish they set up the Images of five or six of the Apostles which giving great Offence for thirty seven of the Parishioners did under their Hands protest against it they procured an Order from the Deputy-Chancellor of Lincoln to approve and confirm what they had done and authorize them to set up as they were pleased to call them more Effigies 3. By this Order and Authority they set up the Images of thirteen Apostles St. Paul being one the Image of Peter they placed above the Ten Commandments and that of Paul above the King's Arms and the Holy Ghost in the Form of a Dove over them and in contempt of the Translation of the Bible approved and received in the Church of England and in compliance with the erroneous and ridiculous Vulgar Latine they picture Moses with Horns 4. Then when they had done all this they did ex post facto petition the Bishop for his Approbation of what they had done who denied their Petition and for Reasons given them some of which here follow told them that he never would nor de jure could approve what they without and against Law had done 5. Lastly The Chancellor nulls the Order of his Deputy as to the setting up of those Images and those who had done that Work without the Consent of the Parish appeal to the Arches where now that Appeal depends This is the Sum of what the Painter and Parishioners have done in setting up so many and such Images as I believe no Church in England has seen since our Reformation and I hope never will permit and what the Deputy-Chancellor as he and they think confirmed But what they have done is Unwarrantable and absolutely Illegal contrary to our known Laws against the Authority and Doctrine of the Church of England Declared and Established both by our Ecclesiastical and Civil Laws and to omit others in these Particulars 1. It is confessed that to beautify Churches which they pretended is a Pious and Worthy Work But in doing this the Way they took was Unwarrantable and Illegal for our Supreme Power Ecclesiastical the King in Convocation requires That our Churches should be decently beautified not according to the Humour of an ignorant Painter and some few Parishioners but according to an Homily published for that purpose in which Homily compared with the 2 d Part of the Homily for the right Use of Churches it appears that Images are so far from beautifying that if they be set up they defile and pollute our Churches 2. Their razing out the Sentences of Scripture formerly writ upon the Walls was absolutely Illegal and by no Law Warrantable For those Sentences were placed there as appears by the Canon by the Supreme Power of the King in Convocation and therefore for the Painter and Parishioners to take away that which the Supreme Power had by express Canon placed there must of necessity be Unwarrantable and absolutely Illegal Nor could the Deputy Chancellor's Order got ex post
declared both by our Church and State For 1. Our Church has declared her Judgment that all Images are not absolutely unlawful or simply forbidden in the New Testament but only some in some Places and Circumstances when they may especially to poor ignorant People be dangerous Occasions of Superstition and Idolatry and more expresly a little after the Words are these We are not so scrupulous as to abhor Flowers wrought in Carpets Hangings Arras c. or Images of Princes on their Coin nor do we condemn the Art of Painting or Image-making c. Whence it is evident that our Church is neither against the Art of Painting nor any Civil Use of Images 2. Our State has by express Act of Parliament declared even in the time of our Reformation That they did not condemn any Civil Use of Images For even in that Statute in which they severely condemn and command the defacing Images in Churches they have this Proviso Provided always That this Act shall not extend to any Images or Pictures set or engraven on any Tomb in any Church Chappel or Church-Yard only for a Monument of any King Prince Noble Man or any other dead Person which hath not commonly been reputed for a Saint but that all such Images may continue Whence it is evident that our Church at the Reformation did not condemn any Civil Use of Images no not in sacred Places as Church-Yards Chappels or Churches much less in other Places And that we may more distinctly know what Images they condemn'd and why they would not tolerate them in Churches It is further to be considered 1. That the Church of England absolutely condemns all Images of the Trinity or any Person in it Father Son or Holy Ghost as absolutely unlawful and expresly condemned in Scripture Such Images are not to be tolerated neither in nor out of Churches 2. No Images of our Blessed Saviour of any Saints and Martyrs which with stupid Superstition and Idolatry have been and still are worshipped in the Popish Church are in the Judgment of our Church to be tolerated in our Temples or any Place of God's publick Worship For if they be it will be to the great and unavoidable danger of Idolatry This I conceive is the approved and received Doctrine of the Church of England and that it may more plainly and distinctly appear to be so I shall cite the Judgment of our Church and her Reasons for it in her own express Words and amongst other things too many to be transcrib'd she plainly tells us 1. That it is an ungodly thing to set up Images or Idols which in her Judgment signify the same thing in our Churches because it may give a great occasion of worshipping them 2. That Images in Churches painted on Clothes or Walls are unlawful and contrary to Christian Religion 3. That setting up Images in Churches is to the great and unavoidable danger of Idolatry and that the Law of God is against it 4. That the setting up the Image of God of our Blessed Saviour or any Saints is not tolerable in Churches but against God's Law 5. Wo be to the setters up and maintainers of Images in Churches 6. It is not possible if Images be in Churches to avoid Idolatry 7. Images of God our Blessed Saviour and the holiest Saints are of all others the most dangerous to be in Churches 8. Images in Churches are a Snare and tempting of God to the great danger and destruction of many 9. That Images in Churches in the Judgment of the Prophet and Apostle are only Teachers of Lies 10. God's horrible Wrath cannot be avoided without utter abolishing Images in Churches This is evidently the express Doctrine of our Homilies which absolutely condemns not only the worshipping but having Images in our Churches And it is no less evident that the Homilies and the Doctrine contained in them are both approved received and established by the Supreme Authority of our Church and State Canons of Convocation and Acts of Parliament This will appear 1. By the Testimony of King James who commends the diligent reading of our Articles and Homilies set forth by the Authority of the Church of England 2. By the Convocation of Q. Elizabeth the Supreme Ecclesiastical Power which expresly and particularly names and approves all our Homilies and declares the Doctrine contained in them to be a godly Doctrine as appears by the Articles of our Church composed and published in that Convocation 3. By the Convocation I Jacobi For as the Article last named declares our Homilies to contain a godly Doctrine so the Convocation of King James declares all things contained in that Article to be agreeable to the Word of God 4. All the Clergy of England all Graduates in the Universities all Chancellors Commissaries and Officials before they exercise any Ecclesiastical Jurisdiction are willingly and ex animo to assent consent approve and subscribe these Articles and this Doctrine and that absolutely without any Glosses or Senses of their own 5. And these Subscriptions are required and so the Doctrine subscribed to confirm'd by several Acts of Parliament 6. And if any impugn this Doctrine so declar'd and establish'd by the Supreme Power or maintain any Doctrine contrary or repugnant to it he is by our Canons to be excommunicated ipso facto and by the Statute if he be a beneficed Clergyman deprived The Premisses being certain and evident Truths the natural and necessary Consequences which follow from them to omit others will be these 1. That neither the Deputy-Chancellor of Lincoln nor any inferiour Court has or can have any just Authority or Power to approve and authorize the setting up of such Images in the Church which by the Supreme Power Ecclesiastical and Civil in Convocation and Parliament is expresly condemn'd as altogether unlawful and to the poor ignorant People pernicious 2. That they who maintain and encourage this Doctrine of setting up Images in our Churches if they persist in it are by our known Laws now in Force to be excommunicated ipso facto and if they be beneficed Clergy-men to be deprived Viderint quorum interest 3. And if any Ecclesiastical Judg or Court quod absit should approve authorize or encourage the setting up of such Images in our Churches it evidently follows from the Premisses that in so doing they approve and authorize that which the Church of England has publickly declared to be dangerous against the Law of God against Christian Religion and to many pernicious And therefore we have reason to believe that no good Son of the Church of England will approve authorize or encourage that which his Holy Mother has so absolutely and publickly condemned A Friend of the late Bishop of Lincoln's observing how customary it is to Protestant Writers to charge on the Papists the Tenet of Dominium fundatur in