A
JUST
VINDICATION
OF
THE
Church
of
England
.
CHAP.
I.
The
Scope
and
summe
of
this
Treatise
.
1.
NOthing
hath
been
hitherto
,
2.
But
when
all
things
are
Judiciously
weighed
in
the
Ballance
of
right
reason
,
qua
tales
,
as
they
are
such
,
but
only
in
their
innovations
,
wherein
they
have
separated
themselves
first
from
their
Common
Mother
,
and
from
the
fellowship
of
their
own
Sisters
;
I
say
,
when
all
this
shall
be
cleared
,
and
the
Schisme
is
brought
home
and
laid
at
the
right
door
,
then
we
may
safely
conclude
,
that
by
how
much
we
should
turn
more
Roman
then
we
are
,
whilest
things
continue
in
the
same
condition
;
by
so
much
we
should
render
our selves
lesse
Catholique
,
and
plunge
our selves
deeper
into
Schisme
whilest
we
seek
to
avoid
it
.
3.
For
the
clearer
and
fuller
discussion
and
demonstration
whereof
,
I
shall
observe
this
method
in
the
Ensuing
discourse
.
First
to
state
the
question
,
Secondly
,
I
will
lay
down
six
grounds
or
propositions
,
every
one
of
which
singly
is
sufficient
to
wipe
away
the
stain
and
guilt
of
Schisme
from
the
Church
of
England
;
how
much
more
when
they
are
all
joyned
together
?
My
six
grounds
or
Propositions
are
these
:
First
,
that
Protestants
were
not
the
authors
of
the
late
great
separation
from
Rome
,
but
Roman
Catholicks
themselves
,
such
as
in
all
other
points
were
chief
Advocates
and
Pillars
of
the
Roman
Church
,
and
so
many
,
that
the
names
of
all
the
known
dissenters
might
be
written
in
a
little
ring
.
Secondly
,
that
in
abandoning
the
Court
of
Rome
,
they
did
not
make
any
new
Law
,
but
onely
declare
and
restore
the
old
Law
of
the
Land
to
its
former
Vigour
;
And
vindicate
that
liberty
left
them
as
an
inheritance
by
their
Ancestours
,
from
the
incroachments
and
usurpations
of
the
Court
of
Rome
.
Thirdly
,
that
the
ancient
Brittish
and
Scottish
,
or
Irish
Churches
were
evermore
exempted
from
the
Patriarchal
Jurisdiction
of
the
Roman
Bishops
,
untill
Rome
thirsting
after
an
universal
unlawful
Monarchy
,
quitted
their
lawful
Ecclesiastical
power
;
And
so
ought
to
continue
free
and
exempted
from
all
forrein
Jurisdiction
of
any
pretended
Patriarch
for
evermore
,
according
to
the
famous
Canon
of
the
General
Councel
of
Ephesus
,
which
G●egory
the
Great
reverenced
as
one
of
the
four
Gospels
.
Fourthly
,
that
though
the
Authors
of
that
Separation
had
not
themselves
been
Roman
Catholicks
,
and
though
the
Acts
or
Statutes
made
for
that
end
had
not
been
meerly
declarative
,
but
also
operative
;
And
although
Brittain
had
not
been
from
the
beginning
both
de
jure
and
de
facto
exempted
from
Roman
Jurisdiction
,
yet
the
King
and
Church
of
England
had
both
sufficient
authority
and
sufficient
grounds
to
withdraw
their
obedience
as
they
did
.
Fifthly
,
that
all
the
Soveraign
Princes
and
Republicks
in
Europe
of
the
Roman
Communion
,
whensoever
they
have
occasion
to
reduce
the
Pope
to
reason
,
do
either
practise
or
plead
for
the
same
right
,
or
both
.
Sixthly
,
that
the
Papacy
it self
(
qua
t●lis
)
as
it
is
now
maintained
by
many
,
with
universality
of
Jurisdiction
,
or
rather
sole
Jurisdiction
,
Iure
divino
,
with
superiority
above
General
Councels
,
with
infallibility
of
Judgment
,
and
temporal
power
over
Princes
,
is
become
by
its
rigid
censures
,
and
new
Creeds
,
and
Exorbitant
decrees
,
in
a
great
part
actually
,
and
altogether
causally
,
guilty
both
of
this
and
all
the
greater
Schismes
in
Christendome
.
3.
Lastly
,
I
will
give
a
satisfactory
answer
to
those
objections
,
which
those
of
the
Roman
Communion
do
bring
against
us
to
prove
us
Schismaticks
.
CHAP.
2.
The
stating
of
the
question
what
is
Schisme
,
who
are
Schismaticks
,
and
what
is
signified
by
the
Church
of
England
in
this
question
.
EVery
suddain
passionate
heat
,
Secondly
,
when
there
is
a
mutual
division
of
two
parts
or
members
of
the
mystical
body
of
the
Church
,
one
from
the
other
,
yet
both
retein
Communion
with
the
Vniversal
Church
,
which
for
the
most
part
springs
from
some
doubtful
opinion
,
or
lesse
necessary
part
of
divine
worship
;
quamcunque
partem
amplexus
fueris
Schismaticus
non
audies
,
quippe
quod
universa
ecclesia
neutram
damnarit
,
whatsoever
part
one
take
he
is
no
Schismatick
,
because
the
universal
Church
hath
condemned
neither
part
.
Whether
he
hold
himself
to
this
principle
,
or
desert
it
,
it
is
not
my
purpose
here
to
discusse
.
But
this
is
much
sounder
doctrine
then
that
of
Mr.
Knott
,
the
parts
of
the
Church
cannot
be
divided
one
from
another
,
except
they
be
divided
from
the
whole
,
because
these
things
which
are
united
to
one
third
,
are
united
also
between
themselves
.
Which
errour
he
would
seem
to
have
sucked
from
Doctor
Potter
,
whosoever
professeth
himself
to
forsake
the
Communion
of
any
one
member
of
the
body
of
Christ
,
must
confesse
himself
consequently
to
forsake
the
whole
.
Of
which
he
makes
this
use
▪
That
Protestants
forsake
the
Communion
of
the
Church
of
Rome
,
And
yet
do
confesse
it
to
be
a
member
of
the
body
of
Christ
,
therefore
they
forsake
the
Communion
of
the
whole
Church
.
The
answer
is
easie
,
that
whosoever
doth
separate
himself
from
any
part
of
the
Catholique
Church
as
it
is
a
part
of
the
Catholick
Church
,
doth
separate
himself
from
every
part
of
the
Catholick
Church
,
and
consequently
from
the
Universal
Church
,
which
hath
no
existence
but
in
its
parts
.
But
if
one
part
of
the
Universal
Church
do
separate
it self
from
another
part
,
not
absolutely
,
or
in
Essentials
,
but
respectively
in
abuses
and
innovations
,
not
as
it
is
a
part
of
the
Universal
Church
,
but
only
so
far
as
it
is
corrupted
and
degenerated
,
it
doth
still
retein
a
Communion
,
not
onely
with
the
Catholick
Church
and
with
all
Orthodox
Members
of
the
Catholick
Church
,
but
even
with
that
corrupted
Church
from
which
it
is
separated
,
except
onely
in
corruptions
.
We
may
well
inlarge
the
former
ground
,
that
if
two
particular
Churches
shall
separate
themselves
one
from
another
,
And
the
one
retein
a
communion
with
the
Universal
Church
,
and
be
ready
to
submit
to
the
determinations
thereof
;
And
the
other
renounce
the
Communion
of
the
Universal
Church
,
and
contumaciously
despise
the
Jurisdiction
and
the
decrees
thereof
;
the
former
continues
Catholick
,
and
the
later
becomes
Schismatical
.
To
shew
that
this
is
our
present
condition
with
the
Church
of
Rome
,
is
in
part
the
Scope
of
this
Treatise
.
They
have
subjected
Oecumenical
Councels
,
which
are
the
Soveraign
Tribunals
of
the
Church
,
to
the
Jurisdiction
of
the
Papal
Court
.
And
we
are
most
ready
in
all
our
differences
to
stand
to
the
judgment
of
the
truly
Catholick
Church
and
its
lawful
Representative
,
a
free
general
Councel
.
But
we
are
not
willing
to
have
their
virtual
Church
,
that
is
the
Court
of
Rome
obtruded
upon
us
for
the
Catholick
Church
,
nor
a
partial
Synod
of
Italians
for
a
free
general
Councel
.
Thirdly
,
if
any
man
did
teach
otherwise
,
and
consented
not
to
wholsome
words
,
even
to
the
words
of
our
Lord
Iesus
Christ
,
and
to
the
doctrine
which
is
according
to
godlinesse
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
withdraw
thy self
,
stand
aloof
,
or
separate
thy self
from
such
persons
.
It
is
true
,
that
they
who
first
desert
and
forsake
the
Communion
of
their
Christian
brethren
,
are
Schismaticks
;
but
there
is
a
moral
defection
as
well
as
local
:
It
is
no
Schisme
to
forsake
them
,
who
have
first
themselves
forsaken
the
common
faith
;
wherein
we
have
the
confession
of
our
adversaries
,
They
who
first
separated
themselves
from
the
primitive
pure
Church
,
and
brought
in
corruptions
in
faith
,
practice
,
Leiturgy
,
and
use
of
Sacraments
,
may
truly
be
said
to
have
been
hereticks
,
by
departing
from
the
pure
faith
;
and
Schismaticks
,
by
dividing
themselves
from
the
external
communion
of
the
true
uncorrupted
Church
.
It
is
no
Schisme
to
separate
from
hereticks
and
Schismaticks
in
their
heresie
and
Schisme
.
This
is
all
the
Crime
which
they
can
object
to
us
.
The
Court
of
Rome
would
have
obtruded
upon
us
new
articles
of
faith
,
we
have
rejected
them
;
They
introduced
unlawful
rites
into
the
Leiturgies
of
the
Church
,
and
use
of
the
Sacraments
,
we
have
reformed
them
for
our selves
:
They
went
about
to
violate
the
just
liberties
and
priviledges
of
our
Church
,
we
have
vindicated
them
.
And
for
so
doing
they
have
by
their
Censures
and
Bulls
separated
us
and
chased
us
from
their
communion
;
where
lies
the
Schisme
?
Fourthly
,
obedience
is
to
be
yeelded
to
a
Church
determining
errours
in
points
not
fundamental
.
But
they
confound
obedience
of
acquiescence
with
obedience
of
conformity
.
They
forget
willingly
that
we
acknowledge
not
that
they
ever
had
any
lawful
authority
over
us
;
par
in
parem
non
habet
potestatem
.
Equals
have
no
Jurisdiction
over
their
equals
.
The
onely
difficulty
is
,
that
this
seems
to
make
Inferiours
Judges
of
their
Superiours
,
the
flock
of
their
Pastour
,
the
Clergy
of
their
Bishop
,
the
Bishop
of
his
Metropolitan
,
the
Metropolitan
of
his
Patriarch
;
whereas
in
truth
it
onely
gives
them
a
Judgment
of
discretion
,
and
makes
them
not
to
be
Judges
of
their
Superiours
,
but
onely
to
be
their
own
Judges
,
salvo
moderamine
inculpatae
tutelae
,
to
preserve
themselves
from
sin
or
heresie
obtruded
upon
them
under
the
specious
pretences
of
obedience
and
Charity
.
This
is
not
deficere
,
but
prospicere
;
not
to
renounce
due
obedience
to
their
lawful
Superiours
,
but
to
provide
for
their
own
safety
.
Some
things
are
so
evident
,
that
the
Judgment
of
the
Church
or
a
Superiour
is
not
needfull
.
Some
things
have
been
already
judged
and
defined
by
the
Church
,
and
need
no
new
determination
.
If
a
Superiour
presume
to
determine
contrary
to
the
determination
of
the
Church
,
it
is
not
rebellion
but
loyalty
to
disobey
him
.
When
Eunomius
the
Arrian
was
made
Bishop
,
If
any
man
call
the
Virgin
Mary
the
Mother
of
God
,
let
him
be
accursed
;
the
people
made
a
noise
,
run
out
of
the
Church
,
and
refused
ever
after
to
communicate
with
him
.
Acatians
.
Rusticus
and
Sebastianus
,
two
of
the
Popes
chiefest
Deacons
,
did
not
onely
themselves
forbear
the
Communion
of
Vigilius
,
but
drew
with
them
a
good
part
of
the
Church
of
Rome
,
and
other
Occidental
Churches
.
It
cannot
be
denied
,
To
prevent
which
inconveniencies
,
●he
eighth
Synod
decreed
,
not
by
way
of
censure
,
but
of
caution
,
as
a
preservative
from
such
abuses
for
the
future
,
that
no
Clerk
before
diligent
examination
and
Synodical
sentence
,
Then
what
is
Schisme
?
Schimse
signifies
a
criminous
scissure
,
The
Communion
of
the
Christian
Catholick
Church
is
partly
internal
,
in
Votis
,
in
our
desires
,
and
to
endeavour
it
by
all
those
means
which
are
in
our
power
.
This
internal
Communion
is
of
absolute
necessity
among
all
Catholicks
.
External
Communion
consists
first
in
the
same
Creeds
or
Symbols
,
Internal
communion
is
due
alwaies
from
all
Christians
to
all
Christians
,
even
to
those
with
whom
we
cannot
communicate
externally
in
many
things
,
whether
credenda
,
or
agenda
,
Neither
is
there
the
like
degree
of
obligation
to
an
exact
Communion
in
all
Externals
.
Neither
the
rules
of
prudence
,
The
British
Churches
were
never
judged
Schismatical
,
because
they
differed
from
the
rest
of
the
West
about
the
observation
of
Easter
.
We
see
that
all
the
famous
and
principal
Churches
of
the
Christian
World
,
Graecian
,
Roman
,
Protestant
,
Armenian
,
Abissene
,
have
their
peculiar
differences
one
with
another
,
and
each
of
them
among
themselves
.
And
though
I
am
far
from
believing
,
that
when
L●g●machies
are
taken
away
,
their
real
dissensions
are
half
so
numerous
,
or
their
errous
half
so
●oul
,
as
they
are
painted
out
by
their
adversaries
;
(
aemulation
was
never
equal
Judge
,
)
And
though
I
hope
Christ
will
say
,
Come
ye
blessed
,
to
many
,
whom
fiery
Zelots
are
ready
to
turn
away
with
Go
ye
cursed
,
yet
to
hold
communion
with
them
all
in
all
things
,
is
neither
lawful
nor
possible
.
Yea
,
if
any
particular
Patriarch
,
Prelate
,
Church
,
or
Churches
,
how
eminent
soever
,
shall
endeavour
to
obtrude
their
own
singularities
upon
others
for
Catholique
verities
,
or
shall
injoyn
sinful
duties
to
their
Subjects
,
or
shall
violate
the
undoubted
priviledges
of
their
inferiours
,
contrary
to
the
Canons
of
the
Fathers
;
It
is
very
lawful
for
their
own
Subjects
to
disobey
them
,
and
for
strangers
to
separate
from
them
.
And
if
either
the
one
or
the
other
have
been
drawn
to
partake
of
their
errours
,
upon
pretence
of
obedience
or
of
Catholique
communion
,
they
may
without
the
guilt
of
Schisme
,
nay
they
ought
to
reform
themselves
,
so
as
it
be
done
by
lawfull
authority
,
upon
good
grounds
,
with
due
moderation
,
without
excesse
,
or
the
violation
of
Charity
:
And
so
as
the
separation
from
them
be
not
total
,
but
onely
in
their
errours
and
innovations
;
nor
perpetual
,
but
onely
during
their
distempers
.
As
a
man
might
leave
his
fathers
,
or
his
brothers
house
being
infected
with
the
Plague
,
with
a
purpose
to
return
thither
again
so
soon
as
it
was
cleansed
.
This
is
no
more
then
what
Gerson
hath
taught
us
in
sundry
places
:
A.
P.
Cons.
14.
It
is
lawful
by
the
Law
of
nature
to
resist
the
injury
and
violence
of
a
Pope
.
And
if
any
one
should
convert
his
Papal
dignity
to
be
an
instrument
of
wickednesse
to
the
destruction
of
any
part
of
the
Church
in
temporalities
,
or
spiritualities
;
And
if
there
appeares
no
other
remedy
but
by
withdrawing
ones
self
from
the
obedience
of
such
a
raging
power
,
untill
the
Church
or
a
Councel
shall
provide
otherwise
,
it
is
lawful
.
That
it
is
lawful
to
sleight
his
sentences
,
yea
to
tear
them
in
pieces
,
and
throw
them
at
his
head
.
Bellarmine
in
effect
saith
as
much
;
As
it
is
lawful
to
resist
the
Pope
is
he
should
invade
our
bodies
;
So
it
is
lawful
to
resist
him
invading
of
soules
,
or
troubling
the
Common-Wealth
:
And
much
more
if
he
should
endeavour
to
destroy
the
Church
;
I
say
it
is
lawful
to
resist
him
by
not
doing
that
which
he
commands
,
and
by
hindering
him
from
putting
his
will
in
execution
.
We
ask
no
more
.
The
Pope
invaded
our
soules
by
exacting
new
Oaths
,
and
obtruding
new
Articles
of
faith
.
He
troubled
the
Common-Wealth
with
his
extorsions
and
usurpations
:
He
destroyed
the
Church
by
his
provisions
,
reservations
,
exemptions
,
&c.
we
did
not
judge
him
,
or
punish
him
,
or
depose
him
,
or
exercise
any
jurisdiction
over
him
,
but
onely
defended
our selves
,
by
guarding
his
blowes
,
and
repelling
his
injuries
.
I
may
not
here
forget
Saint
Ignatius
the
Patriarch
of
Constantinople
,
whom
Pope
Iohn
the
eighth
excommunicated
for
detaining
the
Jurisdiction
of
Bulgaria
from
the
See
of
Rome
:
But
he
disobeyed
the
Popes
censures
,
as
did
also
his
Successours
,
and
yet
was
reputed
a
Saint
after
his
death
;
whom
Baronius
excuseth
in
this
manner
,
Neque
est
ut
qui
ob
litem
hanc
,
&c.
Let
no
man
think
that
for
his
controversie
Ignatius
was
either
disaffected
to
the
Roman
See
or
ingrateful
,
seeing
he
did
but
defend
the
rights
of
his
own
Church
,
to
which
he
was
bound
by
oath
under
pain
of
eternal
damnation
.
If
it
be
not
only
lawful
but
necessary
(
in
the
Judgment
of
Baronius
)
yea
necessary
under
the
pain
of
damnation
,
for
every
Bishop
to
defend
the
rights
of
his
particular
See
,
against
the
incroachments
and
usurpations
of
the
Roman
Bishop
,
and
to
contemn
his
censures
in
that
case
as
invalid
;
How
much
more
is
it
lawful
,
yea
necessary
for
all
the
Bishops
in
the
world
to
maintain
the
right
of
their
whole
order
,
and
of
Episcopacy
it self
,
against
the
oppressions
of
the
Court
of
Rome
,
which
would
swallow
up
,
or
rather
hath
swallowed
up
all
original
Jurisdiction
,
and
the
whole
power
of
the
Keyes
.
From
this
Doctrine
Doctour
Holden
doth
not
dissent
,
Non
tamen
is
ergo
sum
,
&c.
Yet
I
am
not
he
who
dare
affirm
,
that
diseases
and
bad
manners
and
humours
may
not
sometimes
be
mingled
in
any
Society
or
body
whatsoever
;
yea
I
confesse
that
such
kinds
of
faults
are
sometimes
to
be
plucked
up
by
the
roots
,
and
the
over-luxurious
branches
to
be
pruned
away
with
the
hook
.
It
is
true
,
he
would
not
have
this
reformation
in
Essential
Articles
,
(
we
offered
not
to
to●ch
them
)
nor
without
the
consent
of
lawful
Superiours
:
we
had
the
free
and
deliberate
consent
of
all
our
Superiours
both
Civil
and
Ecclesiastical
.
A
little
after
he
addes
,
I
confesse
also
,
that
particular
and
as
it
were
private
abuses
,
which
have
onely
infected
some
certain
person●
or
Church
,
whether
Episcopal
or
Archiepiscopal
,
or
National
,
may
be
taken
away
by
the
care
and
diligence
of
that
particular
Congregation
:
we
attempted
no
more
.
We
see
then
what
meer
Schisme
is
,
Stand
from
me
,
for
I
am
holier
thou
thou
.
By
lack
of
a
true
Christian
Sympathy
or
fellow-feeling
of
the
wants
and
sufferings
of
our
Christian
brethren
:
By
not
wish●ng
and
desiring
the
peace
of
Christendome
,
and
the
reunion
of
the
Catholique
Church
.
By
not
contributing
our
prayers
and
endeavou●s
for
the
speedy
knitting
together
and
consolidating
of
that
broken
bone
.
And
outwardly
by
rejecting
the
true
badges
and
cognisances
of
Christians
,
that
is
,
the
ancient
Creeds
.
By
separating
a
mans
self
without
sufficient
ground
from
other
Christians
in
the
participation
of
the
same
Sacraments
,
or
in
the
use
of
the
same
divine
Offices
,
and
Leiturgies
of
the
Church
,
and
publick
worship
and
service
of
Almighty
God
,
or
of
the
same
common
rites
and
ceremonies
.
By
refusing
to
give
communicatory
Letters
to
Catholique
Orthodox
Christians
.
By
not
admitting
the
same
discipline
,
and
by
denying
or
withdrawing
our
obedience
unlawfully
from
lawful
Superiours
,
whether
it
be
the
Church
universal
,
or
particular
,
essential
or
representative
,
or
any
single
Superiour
,
either
of
divine
or
humane
institution
.
By
separating
of
themselves
from
the
communion
of
the
Catholick
Church
,
as
the
Novatians
;
or
by
restraining
the
Catholique
Church
unto
themselves
,
as
the
Donatists
of
old
,
and
the
Romanists
at
this
day
.
What
the
Catholique
Church
signifies
,
This
is
the
voyce
of
the
African
catholick
Christians
,
we
are
joyned
in
communion
with
the
whole
Christian
world
;
This
is
the
Church
which
we
have
chosen
to
be
maintained
,
&c.
Now
the
Catholique
Church
being
totum
homogeneum
,
Schisme
for
the
most
part
is
changeable
,
the
passion
of
a
disordered
woman
brought
it
forth
,
Ambition
nourished
it
,
and
covetousnesse
confirmed
it
.
And
therefore
it
is
as
hard
a
task
to
shape
a
coat
for
Schismaticks
,
as
for
the
Moon
,
which
changeth
its
shape
every
day
.
The
reason
is
,
because
having
once
deserted
the
Catholick
communion
,
they
find
no
beaten
path
to
walk
in
but
are
like
men
running
down
a
steep
hill
that
cannot
stay
themselves
,
or
like
sick
persons
that
tosse
and
turn
themselves
continually
from
one
side
of
their
bed
to
the
other
,
searching
for
that
repose
which
they
do
not
find
:
Hence
it
comes
to
passe
,
that
Schisme
is
very
rarely
found
for
any
long
space
of
time
without
some
mixture
of
heretical
pravity
,
Glo●●
be
to
the
Father
,
and
to
the
Son
,
and
to
the
holy
Ghost
;
And
the
heretical
Arrian
,
Glory
be
to
the
Father
by
the
Son
,
in
the
Spirit
.
So
of
later
times
,
the
opinions
of
the
lawfulnesse
of
detaining
the
cup
from
the
Laity
,
and
of
the
necessity
of
adoring
the
Sacrament
,
have
by
consequence
excluded
the
Protestants
from
the
participation
of
the
Eucharist
in
the
Roman
Church
.
Thus
Heresie
doth
naturally
destroy
unity
and
uniformity
:
That
is
one
Symptome
of
Schisme
.
But
it
destroyes
order
also
,
and
the
due
subordination
of
a
flock
to
their
lawful
Pastour
,
nothing
being
more
common
with
hereticks
,
then
to
contemne
their
old
guides
,
and
to
choose
to
themselves
new
teachers
of
their
own
factions
,
and
so
erect
an
altar
against
an
altar
in
the
Church
:
That
is
another
principal
branch
of
Schisme
.
So
a
different
faith
commonly
produceth
a
different
discipline
,
and
different
formes
of
worship
.
A
man
may
render
himself
guilty
of
heretical
pravity
four
wayes
.
To
summe
up
all
that
hath
been
said
;
My
name
is
Christian
,
my
sirname
is
Catholique
.
From
hence
it
appeareth
plainly
,
Now
having
seen
who
are
Schismaticks
,
for
clearing
the
state
of
the
Question
,
Whether
the
Church
of
England
be
Schismatical
or
not
,
it
remaineth
to
shew
in
a
word
,
what
we
understand
by
the
Church
of
England
.
First
,
Scotia
major
,
and
that
which
is
now
called
Scotland
,
was
then
inhabited
by
Brittish
and
Irish
,
under
the
names
of
Picts
and
Scots
.
Secondly
,
though
I
make
not
the
least
doubt
in
the
world
,
but
that
the
Church
of
England
before
the
reformation
,
and
the
Church
of
England
after
the
reformation
,
are
as
much
the
same
Church
,
as
a
garden
before
it
is
weeded
,
and
after
it
is
weeded
,
is
the
same
garden
;
or
a
vine
,
before
it
be
pruned
,
and
after
it
is
pruned
and
freed
from
the
Luxuriant
branches
,
is
one
and
the
same
vine
:
yet
because
the
Roman
Catholiques
do
not
object
Schisme
to
the
Popish
Church
of
England
,
but
to
the
reformed
Church
,
Therefore
in
this
question
,
by
the
Church
of
England
,
we
understand
that
Church
which
was
derived
by
lineal
succession
from
the
Brittish
,
English
,
and
Scottish
Bishops
,
by
mixt
ordination
▪
as
it
was
legally
established
in
the
daies
of
King
Edward
the
sixth
,
and
flourished
in
the
raigns
of
Queen
Elizabeth
,
King
Iames
,
and
King
Charles
of
blessed
memory
,
and
now
groanes
under
the
heavy
yoke
of
persecution
,
whether
this
Church
be
Schismatical
by
reason
of
its
secession
and
separation
from
the
Church
of
Rome
,
and
the
supposed
withdrawing
of
its
obedience
from
the
Patriarchal
Jurisdiction
of
the
Roman
Bishop
?
As
for
other
aspersions
of
Schisme
,
of
lesser
moment
,
we
shall
me●●
with
them
in
our
answers
to
their
Objections
.
CHAP.
III.
That
the
separation
from
Rome
was
not
made
by
Protestants
,
but
by
Roman
Catholicks
themselves
.
THis
being
the
state
of
the
Question
,
And
this
was
not
done
secretly
in
a
corner
,
but
openly
in
the
sight
of
the
Sun
,
disputed
publickly
,
and
determined
before-hand
,
in
both
our
Universities
,
which
after
long
deliberation
,
Tandem
in
hanc
sententiam
unanimiter
convenimus
,
ac
concordes
fuimus
,
videlicet
Romanum
Episcopum
majorem
aliquam
Iurisdictionem
non
habere
sibi
à
deo
collatam
in
sacra
Scriptura
in
hoc
Regno
Angliae
,
quam
alium
quemvis
externum
Episcopum
.
That
the
Roman
Bishop
had
no
greater
Iurisdiction
within
the
Kingdome
of
England
confe●red
upon
him
by
God
in
holy
Scripture
,
then
any
other
forrein
Bishop
.
After
this
the
same
was
voted
and
decreed
in
our
National
Synods
;
That
England
is
an
Empire
,
Hen.
8.
c.
12.
Romanists
first
gave
the
King
the
title
of
Head
of
the
Church
.
and
that
the
King
as
Head
of
the
body
politick
consisting
of
the
spirituality
and
temporalty
,
hath
plenary
power
to
render
final
Iustice
for
all
matters
,
&c.
First
,
England
is
,
that
is
,
originally
,
not
shall
be
by
vertue
of
this
Act
;
what
is
it
?
an
Empire
.
If
it
be
an
Empire
,
then
the
Soveraignes
thereof
have
the
same
priviledges
and
prerogatives
within
their
own
Dominions
,
which
the
old
Emperours
had
in
theirs
.
If
the
King
be
head
of
the
body
politick
consisting
of
the
spi●ituality
and
temporalty
,
then
in
England
the
King
is
the
political
head
of
the
Clergy
,
as
well
as
of
the
Laity
.
So
he
ought
to
be
,
and
not
he
onely
,
but
all
the
Soveraign
Princes
throughout
the
World
,
by
the
very
Law
of
Nature
.
What
becomes
now
of
that
grand
exception
against
Protestants
,
for
making
their
King
the
Head
or
Soveraign
Governour
(
for
these
two
are
convertible
terms
)
of
the
English
Church
or
Clergy
?
A
title
first
introduced
by
Roman
Catholicks
,
and
since
waved
and
laid
aside
by
Protestants
,
not
so
much
for
any
malignity
that
was
in
it
,
as
for
the
ill
sounds
sake
,
because
it
seemed
to
intrench
too
much
upon
the
just
right
of
our
Saviour
,
and
being
subject
to
be
misunderstood
,
gave
offence
to
many
well
affected
Christians
.
And
what
doth
this
Law
say
more
then
a
great
Cardinal
said
not
long
after
?
One
that
was
as
near
the
Papacy
as
any
that
ever
mist
it
,
and
was
thought
to
merit
the
Papacy
as
well
as
any
that
had
it
in
his
daies
.
I
mean
Cardinal
Pool
in
his
Book
de
concilio
,
Hoc
munus
Imperatoribus
Christi
fidem
professis
Deus
ipse
Pater
assignavit
,
at
Christi
filii
dei
vica●ias
partes
gerant
,
God
the
Father
hath
assigned
this
office
to
Christian
Emperours
,
that
they
should
act
the
part
of
Christ
the
Son
of
God
,
(
in
General
Councels
.
)
And
yet
more
fully
in
his
answer
to
the
next
question
,
Pontifex
Romanus
ut
caput
sacerdotale
Vicarias
Christi
veri
capitis
partes
gerit
,
at
Caesar
ut
caput
regale
,
&c.
The
Pope
as
a
Priestly
head
doth
execute
the
Office
of
Christ
the
true
Head
;
but
we
may
also
truly
say
,
that
the
Emperour
doth
execute
the
office
of
Christ
as
a
Kingly
Head
.
And
so
he
concludeth
;
Christ
said
of
himself
,
All
power
is
given
me
both
in
heaven
and
earth
:
In
utraque
ergo
potestate
,
&c.
Therefore
we
cannot
doubt
but
Christ
hath
his
Deputies
for
both
these
powers
;
The
Pope
in
the
Church
,
the
Emperour
in
the
Common-Wealth
.
Thus
writes
the
Popes
own
Legate
to
his
Brother
Legates
in
the
Tridentine
Councel
,
when
he
desired
to
favour
his
Master
as
much
as
he
could
.
But
I
proceed
to
our
Statute
;
The
King
of
England
hath
,
that
is
,
already
in
present
,
by
the
fundamental
constitution
of
the
Monarchy
;
not
shall
have
from
henceforth
,
plenary
power
,
without
the
License
or
help
or
concurrence
of
any
forrain
Prelate
or
Potentate
;
ple●ary
,
not
solitary
:
To
render
final
Iustice
,
that
is
,
to
receive
the
last
appeales
of
his
own
Subjects
,
without
fear
of
any
review
from
Rome
,
or
at
Rome
,
for
all
matters
Ecclesiastical
and
temporal
;
Ecclesiastical
by
his
Bishops
,
Temporal
by
his
Judges
.
There
is
great
difference
between
a
Kings
administring
Justice
in
Ecclesiastical
causes
by
himself
,
and
by
his
Bishops
.
Listen
to
the
Canon
of
the
Milevitan
Councel
:
It
hath
pleased
the
Synod
,
that
what
Bishop
soever
shall
request
of
the
Emperour
the
cognisance
of
publick
judgment
(
in
some
cases
)
he
be
deprived
of
his
honour
.
But
if
he
petition
to
the
Emperour
fo●
Episcopal
judgment
,
(
that
is
,
to
make
Bishops
his
Deputies
or
Commissioners
to
hear
it
)
it
should
●not
prejudice
him
.
They
forbid
a
Bishop
of
his
own
accord
,
in
these
daies
,
and
in
some
cases
to
make
his
first
addresse
for
Justice
to
a
secular
Magistrate
;
But
they
do
not
forbid
him
to
appear
before
a
secular
Magistrate
being
cited
;
And
they
allow
him
in
all
cases
though
of
pure
Ecclesiastical
cognisance
,
to
seek
to
a
Soveraign
Prince
for
an
equal
indifferent
hearing
by
Bishops
delegated
and
authorised
by
him
.
The
testimony
of
this
Statute
is
so
clear
and
authentick
in
it self
,
that
it
need
not
be
corroborated
with
any
other
acts
of
the
same
kind
.
Yet
three
things
are
urged
against
it
.
First
,
that
Henry
the
Eighth
at
this
time
was
a
favourer
of
the
Protestants
.
Secondly
,
that
he
cared
not
for
Religion
,
but
looked
onely
to
the
satisfaction
of
his
own
humours
and
lusts
.
Thirdly
,
that
to
withhold
due
obedience
,
is
as
Schismatical
as
to
withdraw
it
;
And
that
the
reformed
Church
of
England
may
be
innocent
of
the
one
,
and
yet
guilty
and
accessary
to
the
other
.
To
the
first
exception
I
reply
,
But
to
clear
this
point
home
,
there
needs
no
more
but
to
view
the
order
of
the
Statutes
made
concerning
Religion
and
Ecclesiastical
Jurisdiction
in
the
raign
of
that
King
.
The
Act
for
no
person
to
be
cited
out
of
his
own
Diocesse
,
As
for
the
suppression
of
Monasteries
in
his
time
,
Secondly
,
we
examine
not
whether
the
abuses
which
were
then
brought
to
light
were
true
or
feined
;
but
this
we
believe
,
that
foundations
which
were
good
in
their
original
institution
ought
not
to
be
destroyed
for
accessary
abuses
;
or
for
the
faults
of
particular
persons
.
So
we
should
neither
leave
a
Sun
in
heaven
,
for
that
hath
been
adored
by
Pagans
;
nor
a
spark
of
fire
,
or
any
eminent
creature
,
how
beneficial
soever
upon
earth
,
for
they
have
all
been
abused
.
Therefore
Licurgus
is
justly
condemned
,
because
out
of
an
hatred
to
drunkenness
he
cut
down
all
the
Vines
in
Sparta
;
whereas
he
should
have
brought
the
fountaines
of
water
nearer
.
Thirdly
,
when
the
Clergy
in
a
Kingdome
are
really
,
(
and
not
upon
the
feined
pretenses
of
Sacrilegious
persons
)
grown
to
that
excessive
Grandeur
,
that
they
quite
overballance
the
Laity
,
and
leave
the
common
wealth
,
neither
sufficient
men
nor
sufficient
means
to
maintain
it self
,
it
is
lawful
by
prudent
lawes
to
restrain
their
further
growth
,
as
our
Ancestors
and
all
the
nations
of
Europe
have
done
by
prohibiting
new
foundations
of
Religious
houses
,
and
the
alienation
of
Lands
to
the
Church
,
without
special
License
;
As
we
shall
see
hereafter
.
And
if
the
excesse
be
so
exorbitant
,
that
it
is
absolutely
and
evidently
destructive
to
the
constitution
of
the
common
wealth
,
it
is
lawfull
(
upon
some
conditions
and
cautions
not
necessary
to
be
here
inserted
)
to
prune
the
superfluous
branches
and
to
reduce
them
to
a
right
temper
and
aequilibrium
,
for
the
preservation
and
well-being
of
the
whole
body
Politick
.
It
hath
been
alwayes
held
lawful
in
some
cases
to
alienate
some
things
,
that
had
formerly
been
given
to
the
Church
,
as
for
the
redemption
of
Christian
Captives
,
for
the
sustenance
of
poor
Christians
,
who
are
living
Temples
,
in
the
daies
of
famine
,
and
for
preservation
of
the
Church
it self
from
demolition
;
But
Eradication
,
to
pluck
up
good
institutions
root
and
branch
,
is
not
reformation
which
we
professe
,
but
destruction
.
To
conclude
this
digression
.
So
as
Monasteries
were
moderated
in
their
number
,
and
in
their
revenues
;
So
as
the
Monks
were
restrained
from
medling
between
the
Pastor
and
his
flock
,
that
is
the
Bark
and
the
Tree
,
as
it
was
of
old
,
Monachus
in
oppido
,
Piscis
in
arido
,
a
Monk
in
a
great
town
was
thought
like
a
little
fish
upon
dry
land
.
So
as
the
abler
sort
,
who
are
not
taken
up
with
higher
studies
or
weightier
imployments
,
were
inured
to
bestow
their
spare
howers
from
their
devotions
in
some
profitable
labour
for
the
publick
good
,
that
idlenesse
might
be
stripped
of
the
cloak
of
contemplative
devotion
.
So
as
the
vow
of
perpetuall
coelibate
were
reduced
to
the
forme
of
our
English
Vniversities
,
so
long
a
fellow
,
so
long
unmarried
,
or
of
the
Canonesses
&
Biggins
,
on
the
other
side
the
Seas
,
which
are
no
longer
restrained
from
wedlock
then
they
retain
their
places
or
habits
;
So
as
their
blind
obedience
were
more
inlightened
,
and
secured
by
some
certain
rules
and
bounds
.
So
as
their
mock
poverty
(
for
what
is
it
else
to
professe
want
and
swim
in
abundance
,
)
were
changed
into
a
competent
maintenance
;
And
lastly
,
So
as
all
opinion
of
satisfaction
and
supererogation
were
removed
,
I
do
not
see
why
monasteries
might
not
agree
well
enough
with
reformed
devotion
.
So
then
Henry
the
eighth
at
the
time
of
his
secession
from
Rome
,
But
suppose
that
Henry
the
eighth
had
been
a
friend
to
Protestants
,
Heath
,
Bonner
,
Tonstall
,
Gardiner
,
Stokesley
,
Thurleby
,
&c.
all
Schismaticks
?
If
they
were
,
then
Schismaticks
were
the
greatest
opposers
of
the
reformation
,
the
greatest
enemies
of
the
Protestants
,
and
the
greatest
pillars
and
upholders
of
the
Roman
religion
.
These
were
they
that
granted
the
Supremacy
to
King
Henry
the
eighth
,
Archbishop
Warham
told
him
it
was
his
right
to
have
it
before
the
Pope
.
Thomas
Moor
,
Or
rather
what
shall
we
say
to
the
whole
body
of
the
Kingdome
,
Stephen
Gardiner
Bishop
of
Winchester
,
a
learned
person
of
very
near
relation
to
King
Henry
,
and
in
all
other
things
a
great
Zelot
of
the
Roman
Catholick
party
,
in
his
book
of
true
obedience
,
published
with
a
Preface
to
it
made
by
Bishop
Bonner
.
No
forrein
Bishop
hath
authority
among
us
;
All
sorts
of
people
are
agreed
with
us
upon
this
point
with
most
stedfast
consent
,
that
no
manner
of
person
bred
or
brought
up
in
England
hath
ought
to
do
with
Rome
.
A
full
confession
of
an
able
adversary
,
to
which
I
see
not
what
can
be
excepted
,
unlesse
it
be
said
of
him
,
as
it
was
of
Aeneas
Sylvius
,
Stephanus
probavit
,
Wintoniensis
negavit
,
Doctour
Gardiner
approved
it
,
but
the
Bishop
of
Winchester
retracted
it
.
Admit
it
were
so
,
as
it
was
indeed
,
what
is
that
to
the
stedfast
unanimous
consent
of
the
whole
Kingdome
?
which
appears
not
onely
from
hence
,
but
from
Tonstal's
Epistle
to
Cardinal
Pool
,
and
Bekenshaws
Commentary
of
the
Soveraign
and
absolute
power
of
Kings
;
C●ted
by
King
Iames
in
his
triplici
modo
triplex
cun●us
print
.
an.
1609.
p.
125.
and
Ireland
.
As
likewise
of
the
difference
between
Kingly
and
Ecclesiastical
power
.
And
lastly
and
principally
,
by
a
book
set
forth
by
the
English
Convocation
,
called
,
The
Institution
of
a
Christian
man
.
And
to
shew
yet
further
,
that
Ireland
was
unanimo●●●●erein
with
England
,
we
find
in
the
three
and
thirtieth
year
of
Henry
the
eighth
,
which
was
before
all
thoughts
of
reformation
,
not
the
Irish
only
,
as
the
O
Neales
,
O
Relies
,
O
Birnes
,
O
Carols
,
&c.
but
also
the
English
Families
,
as
the
Desmonds
,
Barries
,
R●ches
,
Bourks
,
whose
posterities
do
still
continue
Zealous
Romanists
,
did
make
their
submissions
by
Indenture
to
Sir
Anthony
Sellenger
,
then
chief
Governour
of
that
Kingdom
,
wherein
they
acknowledged
King
Henry
to
be
their
Soveraign
Lord
,
and
confessed
the
Kings
Supremacy
in
all
causes
,
and
utterly
renounced
the
Iurisdiction
of
the
Pope
.
So
the
Bishop
of
Winchester
might
well
say
,
that
there
was
an
Universal
and
stedfast
consent
in
the
separation
from
Rome
.
The
second
exception
weighes
so
little
,
Iehu's
heart
was
not
upright
towards
the
Lord
,
yet
God
used
him
as
an
Instrument
to
reform
his
Church
,
and
to
punish
the
worshippers
of
Baal
.
We
have
heard
of
late
of
an
aggregative
treason
,
not
known
before
in
the
world
,
But
never
untill
now
of
an
aggregative
Schisme
.
The
addition
of
twenty
sins
of
another
nature
cannot
make
that
to
be
Schisme
which
is
not
Schisme
in
it self
.
We
are
sorry
for
his
sins
under
a
condition
,
that
is
,
in
case
they
were
true
,
which
for
part
of
them
we
have
no
great
Reason
to
believe
;
But
we
are
absolutely
without
condition
glad
of
our
own
liberty
.
The
truth
is
,
God
Almighty
did
serve
himself
of
a
most
unlawful
dispensation
granted
by
the
Pope
to
King
Henry
the
eighth
,
to
marry
his
brothers
Wife
,
as
an
occasion
of
this
great
work
.
England
,
France
,
Italy
,
after
mature
deliberation
,
and
some
of
them
upon
oath
,
and
by
above
an
hundred
forrein
Doctours
of
principal
reputation
for
learning
.
The
coales
of
the
Kings
suspicion
were
kindled
in
Spain
,
France
,
and
Flanders
,
no
enemies
to
the
Pope
,
and
blown
by
Cardinal
Wolsey
for
sinister
ends
;
But
it
was
Cranmer
that
struck
the
nail
home
.
And
God
disposed
all
things
to
his
own
glory
.
To
their
third
exception
,
That
to
withhold
obedience
is
Schismatical
as
well
as
to
withdraw
it
.
I
answer
first
,
that
they
cannot
accuse
us
as
accessaries
to
Schisme
,
until
they
have
first
condemned
their
own
great
Patrons
,
Champions
and
Confessours
for
the
principal
Schismaticks
.
Did
Roman
Catholicks
themselves
find
right
and
sufficient
reason
to
turn
the
Pope
out
of
England
at
the
foredoor
,
in
fair
daylight
,
as
an
intruder
and
usurper
?
And
do
they
expect
that
Protestants
who
never
had
any
relation
to
him
,
should
let
him
in
again
by
stealth
at
the
back-door
?
Turpius
ejicitur
quam
non
admittitur
hospes
.
It
is
true
,
Queen
Mary
afterwards
gave
him
houseroom
again
in
England
for
a
short
time
.
But
he
raged
so
extreamly
,
and
made
such
bonefires
of
poor
innocent
Christians
in
every
corner
of
the
Kingdome
,
that
it
is
no
marvail
if
they
desired
his
room
rather
then
his
company
.
I
have
often
wondred
how
any
rational
man
could
satisfie
himself
so
as
to
make
the
severity
of
our
Lawes
,
ut
sentirent
se
mori
,
that
they
might
feel
themselves
to
die
by
degrees
.
The
other
by
the
gibbet
,
with
some
opprobious
circumstances
,
to
render
their
sufferings
more
exemplary
to
others
.
The
former
meerly
and
immediately
for
Religion
,
because
they
would
not
be
Roman
Catholicks
,
without
any
the
least
praetext
of
the
violation
of
any
political
Law
▪
The
latter
not
meerly
and
immediately
for
Religion
,
because
they
were
Roman
Catholicks
,
for
many
known
Roman
Catholicks
in
England
have
lived
and
dyed
in
greater
plenty
,
and
power
,
and
reputation
in
every
princes
raign
,
since
the
Reformation
,
then
an
English
Protestant
could
live
among
the
Irish
Roman
Catholicks
,
since
their
insurrection
.
If
a
subject
was
taken
at
Masse
it self
in
England
,
which
was
very
rare
,
it
was
but
a
pecuniary
mulct
.
No
stranger
was
ever
questioned
about
his
religion
.
I
may
not
here
omit
King
Iames
his
affirmation
,
But
they
suffered
for
the
violation
of
civil
Lawes
,
as
either
for
not
acknowledging
the
political
Supremacy
of
the
King
in
Ecclesiastical
causes
over
Ecclesiastical
persons
,
which
is
all
that
we
assert
;
which
the
Roman
Catholicks
themselves
in
Henry
the
Eighth's
daies
did
maintain
as
much
,
or
perhaps
more
then
we
.
We
want
not
the
consent
of
their
own
Schooles
,
or
the
concurrent
practise
of
Kings
and
Parliaments
of
their
own
communion
,
Sancta
Clara
doth
confesse
,
Valde
multi
doctores
,
&c.
very
many
Doctours
do
hold
,
that
for
the
publick
benefit
of
the
Commonwealth
Princes
have
Iurisdiction
in
many
causes
otherwise
being
of
Ecclesiastical
cognisance
by
positive
Divine
Law
,
and
by
the
Law
of
Nature
.
And
though
himself
seem
rather
to
adhere
to
others
who
ascribe
unto
them
meerly
a
Civil
power
,
yet
he
acknowledgeth
with
the
stream
of
Schoolmen
,
that
by
their
Soveraign
Office
by
accident
,
and
indirectly
for
the
defence
of
the
Common-wealth
,
and
the
preservation
of
publick
Justice
and
peace
,
they
have
great
power
over
Ecclesiastical
persons
in
Ecclesiastical
causes
,
in
many
cases
;
As
they
may
command
Bishops
to
dispose
their
spiritual
affaires
to
the
peace
of
the
Common-wealth
,
They
may
remove
the
froward
from
their
offices
,
They
may
defend
the
oppressed
Clergy
from
the
unjust
oppressions
of
Ecclesiastical
Iudges
,
&c.
which
he
confesseth
to
be
as
much
as
our
Article
setteth
forth
.
What
the
practise
of
other
Kings
and
Princes
is
herein
,
we
shall
see
more
fully
when
I
come
to
handle
my
fifth
Proposition
;
Or
else
for
returning
into
the
Kingdome
so
qualified
with
forbidden
orders
,
as
the
Lawes
of
the
Land
do
not
allow
.
The
State
of
Venice
doth
not
,
the
Kingdom
of
France
hath
not
abhorred
from
the
like
Lawes
.
Or
lastly
,
for
attempting
to
seduce
some
of
the
Kings
Subjects
from
the
Religion
established
in
the
Land
.
In
all
these
cases
besides
religion
,
there
is
something
of
Election
;
He
that
loves
Danger
doth
often
perish
in
it
.
The
truth
is
this
,
An
hard
Knott
must
have
an
heavy
Mall
;
Dangerous
and
bloody
positions
and
practises
produce
severe
lawes
.
No
Kingdom
is
destitute
of
necessary
remedies
for
its
own
conservation
;
If
all
were
of
my
mind
,
as
I
believe
many
are
,
I
could
wish
that
all
Seditious
Opinions
,
and
over
rigorous
statutes
,
with
the
memory
of
them
,
were
buried
together
in
perpetual
oblivion
.
I
hold
him
scarce
a
good
Christian
that
would
not
cast
on
one
spade
full
of
earth
towards
their
interrement
;
Pardon
this
digression
,
if
it
be
one
,
Cruelty
is
a
Symptome
of
Schisme
.
Secondly
,
Nay
yet
more
,
though
they
could
justifie
their
pretended
title
,
yet
we
acting
nothing
,
but
preserving
all
things
in
the
same
condition
we
found
them
,
are
not
censurable
as
formal
Schismaticks
,
whilest
we
erre
invincibly
,
or
but
probably
,
and
are
implicitely
prepared
in
our
minds
,
to
obey
all
our
just
Superiours
,
so
far
as
by
law
we
are
bound
,
whensoever
we
shall
be
able
to
understand
their
right
.
There
have
been
many
Schismes
in
the
Roman
Church
it self
.
Sometimes
two
Popes
,
sometimes
three
Popes
at
a
time
.
One
Kingdome
s●bmitted
to
one
,
this
to
another
,
that
to
a
third
,
every
one
believing
him
to
whom
he
submitted
to
be
the
right
Pope
,
and
every
one
ready
to
have
submitted
to
the
right
Pope
,
if
they
had
known
who
he
was
.
Tell
me
,
were
all
those
that
submitted
to
Antipopes
presently
Schismaticks
?
That
were
too
hard
a
censure
.
The
Antipopes
themselves
were
the
Schismaticks
,
and
the
Cardinals
that
Elected
them
,
and
all
these
who
supported
them
for
avaritious
,
or
ambitious
or
uncharitable
ends
.
We
may
apply
to
this
purpose
that
which
St.
Austin
said
concerning
Haereticks
,
Qui
sententiam
suam
quamvis
falsam
atque
perversam
nulla
pertinaci
animos●●ate
defendit
,
If
this
be
true
in
the
case
of
Heresie
,
it
holds
much
more
strongly
in
the
case
of
Schism
,
&
especially
that
Schism
which
is
grounded
only
upon
Humane
constitutions
.
He
that
disobeys
a
Lawful
Superiour
through
invincible
ignorance
,
whom
he
deserted
not
himself
,
but
found
him
cast
off
by
his
parents
,
if
he
be
careful
to
understand
his
duty
,
and
ready
to
submit
so
far
as
in
justice
he
is
bound
,
he
is
not
to
be
reputed
a
Schismatick
.
If
men
might
not
be
saved
by
a
general
and
implicite
repentance
,
they
were
in
a
woful
condition
,
who
can
tell
how
oft
he
offendeth
?
Cleanse
thou
me
from
my
secret
faults
.
And
if
by
general
and
implicite
repentance
,
why
not
by
general
and
implicite
faith
?
why
not
by
general
and
implicite
obedience
?
So
as
they
do
their
uttermost
indeavours
to
learn
their
duties
,
and
are
ready
to
conform
themselves
when
they
know
them
.
God
looks
upon
his
creatures
with
all
their
prejudices
,
and
expects
no
more
of
them
then
according
to
the
talents
which
he
hath
given
them
.
If
I
had
books
for
that
purpose
,
I
might
have
cited
,
many
Lawes
and
many
Authors
to
prove
that
the
final
separation
from
Rome
was
made
long
before
the
reformation
of
the
Church
of
England
.
But
it
is
a
truth
so
evident
and
so
undeniable
by
all
these
who
understand
our
affaires
,
that
I
seem
to
my self
to
have
done
overmuch
in
it
already
.
I
do
expect
that
it
should
be
urged
by
some
that
there
was
a
double
separation
of
the
Church
of
England
from
Rome
;
To
this
I
give
two
answers
:
first
that
the
second
separation
in
point
of
Doctrine
doth
not
concern
this
question
,
Whether
the
Church
of
England
be
Schismatical
,
but
another
whether
the
Church
of
England
be
Haereticall
,
or
at
least
Heterodox
,
(
for
every
error
doth
not
presently
make
an
haeresy
)
which
cannot
be
determined
without
discussing
the
particular
differences
between
the
Church
of
Rome
and
the
Church
of
England
.
It
is
an
undeniable
principle
to
which
both
parties
do
yeeld
firm
assent
,
that
they
who
made
the
first
separation
from
the
primitive
pure
Church
,
and
brought
in
corruptions
in
faith
,
Leiturgy
,
or
use
of
the
Sacraments
,
are
the
guilty
party
.
Yea
though
the
separation
were
not
local
but
onely
moral
,
by
introducing
errours
and
innovations
,
and
making
no
other
secession
:
This
is
the
issue
of
our
controversie
.
If
they
have
innovated
first
,
then
we
are
innocent
,
and
have
done
no
more
then
our
duties
.
It
is
not
the
separation
,
but
the
cause
that
makes
a
Schismatique
.
Secondly
I
answer
,
that
as
Roman
Catholicks
(
not
Protestants
)
were
the
authors
of
the
Separation
of
England
from
the
Court
of
Rome
,
so
the
Court
of
Rome
it self
(
not
Protestants
)
made
the
Separation
of
England
from
the
communion
of
the
Church
of
Rome
,
by
their
unjust
and
tyrannical
censures
,
excommunications
,
and
interdictions
,
which
they
thundred
out
against
the
Realm
,
for
denying
their
spiritual
Soveraignty
by
divine
right
,
before
any
reformation
made
by
Protestants
.
It
was
not
Protestants
that
left
the
communion
of
the
Church
of
Rome
,
but
the
Court
of
Rome
that
thrust
all
the
English
Nation
both
Protestants
and
Roman
Catholicks
together
out
of
their
doores
,
and
chased
them
away
from
them
,
when
Pope
Paul
the
third
excommunicated
and
interdicted
England
,
CHAP.
IV.
That
the
King
and
Kingdom
of
England
in
the
separation
from
Rome
di●
make
no
new
Law
,
but
vindicate
their
ancient
Liberties
.
THe
second
Conclusion
upon
examination
will
prove
as
evident
as
the
former
,
that
Henry
the
eighth
and
those
Roman
Catholicks
with
him
,
who
made
the
great
separation
from
the
Court
of
Rome
,
did
no
new
thing
,
but
what
their
predecessors
in
all
ages
had
done
before
them
,
treading
in
the
steps
of
their
Christian
Ancestors
.
And
first
,
Secondly
,
Rome
,
Anti●ch
,
Ephesus
,
Hierusalem
,
Alexandria
,
which
were
founded
by
the
Apostles
themselves
;
And
that
those
ancient
Christians
in
all
their
differences
did
look
upon
the
Bishops
of
those
Sees
as
honourable
Arbitrators
,
and
faithful
Depositaries
of
the
genuine
Apostolical
traditions
,
especially
wherein
they
accorded
one
with
another
.
Hence
is
that
of
Tertullian
,
Whatsoever
doctrine
agrees
with
those
Apostolical
original
mother
Churches
,
is
to
be
reputed
true
.
And
in
this
sense
and
no
other
Saint
Cyprian
a
great
admirer
and
imitater
both
of
the
matter
and
words
of
Tertullian
,
whom
he
honoured
with
the
title
of
his
Master
,
a
Matrix
and
a
root
.
But
if
the
tradition
varied
,
as
about
the
observation
of
Easter
,
between
Victor
Bishop
of
Rome
,
and
Polycrates
Bishop
of
Ephes●s
,
the
one
prescribing
from
St.
Peter
and
S.
Paul
.
the
other
from
S.
Iohn
.
The
respective
Churches
did
conform
themselves
to
their
Superiours
,
or
if
they
were
free
,
(
as
the
Britannique
Churches
were
)
to
their
own
judgment
,
or
to
the
example
of
their
neighbour
Churches
,
or
kept
them
to
the
tradition
delivered
unto
them
by
their
first
converters
.
As
in
this
very
controversie
about
Easter
,
and
some
baptismal
rites
,
the
Brittish
and
Scottish
Bishops
alwaies
adhered
to
the
Eastern
Church
.
A
strong
presumption
that
thence
they
received
the
faith
,
and
were
not
subordinate
to
the
Patriarchal
See
of
Rome
.
But
yet
all
this
honourable
respect
proceeded
from
a
free
prudential
compliance
,
without
any
perpetual
or
necessary
subjection
.
Afterwards
some
Churches
lost
,
some
gained
the
place
and
dignity
of
Apostolical
Churches
,
either
by
custome
,
so
Ephesus
lost
it
;
or
by
the
Canons
of
the
Fathers
,
so
Constantinople
did
get
it
:
or
lastly
,
Thirdly
,
it
is
not
to
be
doubted
of
,
but
that
after
the
year
six
hundred
,
Charles
Màrtel
his
more
glorious
and
successeful
revolt
,
will
not
wonder
to
observe
,
how
they
did
watch
their
times
when
we
had
Princes
of
weak
Judgments
,
or
necessitous
,
or
superstitious
,
or
of
unjust
or
Litigious
titles
,
to
wind
themselves
into
Britain
.
Nay
rather
he
will
admire
that
they
did
not
radicate
themselves
more
deeply
and
more
firmly
therein
;
which
without
doubt
they
had
effected
,
but
for
their
exorbitant
rapines
,
whilest
they
thought
that
like
Foxes
they
might
prey
most
boldly
farthest
from
their
own
Kennel
,
Anglia
verè
hortus
noster
deliciarum
,
puteus
inexhaustus
est
,
ubi
multa
abundant
,
multa
de
multis
extorqueri
possunt
,
That
England
indeed
was
his
garden
of
delight
,
a
Well
that
could
not
be
drawn
dry
.
And
where
many
things
did
abound
,
out
of
much
,
much
might
be
extorted
.
But
first
this
intrusion
was
manifest
usurpation
and
tyranny
;
This
was
the
Gangrene
of
the
Church
,
which
no
subsequent
possession
or
submission
could
warrant
,
no
tract
of
time
or
prescription
sufficiently
confirm
.
Quod
ab
initio
fuit
invalidum
tractu
temporis
non
convalescit
,
That
which
is
not
onely
unjust
,
but
invalid
in
its
beginning
,
can
never
be
made
valid
by
the
empty
pretense
of
a
following
custome
or
prescription
.
But
on
the
contrary
,
The
Popes
in
later
times
had
some
power
in
England
,
of
courtesy
,
not
of
Duty
,
but
never
that
omnipotence
which
they
gaped
after
.
Sometimes
they
sent
their
Nuncios
or
Legates
into
England
.
So
they
did
of
old
into
other
Patriarchates
.
Sometimes
they
admitted
appeales
from
England
to
Rome
.
So
they
did
of
old
from
Africk
.
Sometimes
they
excommunicated
the
English
Subjects
.
So
did
Pope
Victor
long
since
excommunicate
all
the
Asiaticks
.
But
neither
Asia
nor
Africk
for
all
that
did
acknowledge
the
Popes
Jurisdiction
.
On
the
other
side
,
sometimes
their
Legates
were
not
permitted
to
enter
into
the
Realm
,
or
after
their
arrival
thrust
out
of
the
Realm
,
unless
they
wo●ld
give
caution
by
oath
for
their
good
demesnour
.
Sometimes
their
Bulls
and
excommunications
were
slighted
or
damned
,
and
they
who
procured
them
soundly
punished
for
their
labours
.
Sometimes
all
appeales
to
Rome
were
prohibited
under
most
severe
penalties
,
and
their
decrees
rejected
.
All
this
while
our
Kings
and
Bishops
called
Councells
,
the
one
under
civil
punishments
,
the
other
under
Ecclesiastical
,
made
Ecclesiastical
lawes
and
constitutions
in
their
Synods
and
Parliaments
,
yea
expresse
constitutions
against
the
Court
of
Rome
it self
with
as
much
tartnesse
and
vehemency
as
King
Henry
the
Eighth
.
And
with
this
onely
difference
that
they
indeavoured
to
draw
the
people
out
of
the
Popes
clawes
at
home
,
and
he
thought
it
more
expedient
to
throw
the
Pope
over
the
Brittish
Sea
,
once
for
altogether
.
The
old
and
lawful
Patriarchal
power
of
the
Roman
Bishops
within
their
own
destricts
,
had
been
renounced
long
before
by
themselves
.
Their
new
universal
Monarchy
,
erected
by
themselves
,
was
not
capable
of
prescription
;
or
if
it
had
,
yet
such
a
dubious
unquiet
possession
as
the
Popes
did
hold
in
England
at
the
mercy
and
discretion
of
the
right
owners
,
was
not
sufficient
to
make
a
legal
prescription
,
or
to
justifie
their
pretended
title
,
or
to
render
them
bonae
fidei
possessores
,
lawful
and
conscionable
possessours
.
This
is
that
which
I
am
now
to
demonstrate
in
this
second
ground
.
The
most
famous
(
I
had
almost
said
the
onely
)
appellant
from
England
to
Rome
that
we
read
of
before
the
Conquest
was
Wilfride
Arch-Bishop
of
York
,
That
he
honoured
them
as
his
Parents
for
their
grave
lives
and
honourable
aspects
,
but
he
could
not
give
any
assent
to
their
Legation
;
Because
it
was
against
reason
,
that
a
person
twice
condemned
by
the
whole
Councel
of
〈◊〉
English
,
should
be
restored
upon
the
Popes
Letter
.
If
they
had
believed
the
Pope
to
be
their
competent
Judge
,
either
as
universal
Monarch
,
or
so
much
as
Patriarch
of
Brittaine
,
or
any
more
then
an
honourable
Arbitrator
,
(
which
all
the
Patriarchs
were
even
without
the
bounds
of
their
proper
Jurisdictions
)
how
comes
it
to
passe
that
two
Kings
successively
,
and
the
great
Councels
of
the
Kingdome
,
and
the
other
Arch-Bishop
Theodore
with
all
the
prime
Ecclesiasticks
,
and
the
flower
of
the
English
Clergy
,
did
so
long
and
so
resolutely
oppose
so
many
Sentences
and
Messages
from
Rome
,
and
condemn
him
twice
,
whom
the
Pope
had
absolved
?
Consider
that
Wilfride
was
an
Arch-Bishop
,
not
an
inferiour
Clerk
;
And
if
an
appeal
from
England
to
Rome
had
been
proper
or
lawful
in
any
case
,
it
had
been
so
in
his
case
.
But
it
was
otherwise
determined
by
those
who
were
most
concerned
.
Malmesbury
supposeth
either
by
inspiration
,
or
upon
his
own
head
,
that
the
King
and
the
●
Arch-Bishop
Theodore
were
smitten
with
remorse
before
their
deaths
,
for
the
injury
done
to
Wilfride
and
the
slighting
of
the
Popes
Sentence
,
Letter
and
Legates
.
But
the
contrary
is
mo●●
apparently
true
;
for
first
,
it
was
not
King
Alfrede
alone
,
but
the
great
Councel
of
the
Kingdom
also
;
nor
Theodore
alone
,
but
the
main
body
of
the
Clergy
,
that
opposed
the
Popes
Letter
,
and
the
restitution
of
Wilfride
,
in
that
manner
as
it
was
decreed
at
Rome
.
Secondly
,
after
Alfrede
and
Theodoret
were
both
dead
,
we
find
the
Popes
sentence
and
Wilfrides
restitution
still
opposed
by
the
surviving
Bishops
,
in
the
Raign
of
Alfredes
son
.
To
clear
the
matter
past
contradiction
,
let
us
consider
the
ground
of
this
long
and
bitter
contention
;
Wilfride
the
Archbishop
was
become
a
great
pluralist
,
and
had
ingrossed
into
his
hands
too
many
Ecclesiastical
dignities
.
The
King
and
the
Church
of
England
thought
fit
to
deprive
him
of
some
of
them
,
and
to
confer
them
upon
others
.
Wilfride
appealed
from
their
sentence
unto
Rome
.
The
Pope
gave
sentence
after
sentence
in
favour
of
Wilfride
.
But
for
all
his
sentences
he
was
not
,
he
could
not
be
restored
,
untill
he
had
quitted
two
of
his
Monasteries
,
which
were
in
question
,
Hongesthill
deane
,
and
Ripon
,
which
of
all
others
he
loved
most
dearly
,
and
where
he
was
afterwards
interred
.
This
was
not
a
conquest
,
but
a
plain
waving
of
his
sentences
from
Rome
,
and
a
yeelding
of
the
question
;
for
those
had
been
the
chief
causes
of
the
controversie
.
So
the
King
and
the
Church
after
Alfredes
death
still
made
good
his
conclusion
,
That
it
was
against
reason
,
that
a
person
twice
condemned
by
the
whole
Councel
of
the
English
,
should
be
restored
upon
the
Popes
Bull.
And
as
he
did
not
,
so
neither
did
they
give
any
assent
to
the
Popes
Legation
.
So
unfortunate
were
appeales
to
Rome
in
those
daies
:
And
as
unfrequent
as
unfortunate
;
for
from
that
time
untill
Anselmes
daies
after
the
Norman
Conquest
in
the
Raign
of
Henry
the
first
,
we
do
hardly
meet
with
another
appeal
.
Then
Pope
Paschalis
the
second
had
devised
a
new
Oath
for
Arch-Bishops
,
when
they
received
their
Pall
;
An
oath
much
wondered
at
in
all
places
,
as
a
strange
innovation
,
Significasti
reges
&
Regni
maj●res
admiratione
permotos
,
&c.
You
signified
unto
me
that
Kings
and
Nobles
were
moved
with
admiration
,
that
the
P●ll
was
offered
unto
you
by
our
Ministers
,
upon
condition
that
you
should
take
an
oath
which
they
brought
you
written
from
us
,
&c.
This
oath
was
that
which
animated
Anselme
to
contest
so
hotly
with
the
King
.
The
main
controversie
was
about
this
very
question
of
Appeales
to
Rome
.
The
King
pleaded
the
fundamental
Lawes
and
Customes
of
the
Land
,
consuetudo
Regni
m●i
est
à
Patr●
meo
instituta
,
ut
nullius
praeter
licentiam
Regis
appelletur
Papa
.
Qui
consuetudines
regni
tollit
,
potestatem
quoque
&
coronam
Regis
violat
,
&c.
It
is
a
custome
of
my
Kingdome
instituted
by
my
Father
,
that
no
Pope
may
be
appealed
unto
without
●the
Kings
License
.
He
that
takes
away
the
Customes
of
the
Kingdome
,
doth
violence
to
the
power
and
Crown
of
the
King
.
It
is
to
be
noted
,
that
the
Lawes
established
by
his
Father
(
that
was
William
the
Conquerour
)
were
no
other
then
the
Lawes
of
Edward
the
Confessor
,
that
is
to
say
,
the
old
Saxon
Lawes
.
So
he
might
justly
say
,
both
that
it
was
an
ancient
immemorial
custome
of
the
Kingdom
,
and
also
that
it
was
instituted
or
established
by
his
Father
.
So
Hoveden
tells
us
,
at
last
he
yeelded
to
the
request
of
his
Barons
,
&c.
that
was
by
his
authority
to
confirm
the
Lawes
of
King
Edward
.
But
the
best
was
,
that
though
Anselme
the
Archbishop
was
obliged
by
oath
to
the
Pope
,
yet
the
Bishops
were
not
so
soon
brought
into
the
same
bondage
.
And
therefore
the
former
Authour
tells
us
,
that
In
his
exequendis
omnes
Episcopi
Angliae
Primati
suo
suffragium
negarunt
,
In
the
execution
of
these
things
,
all
the
Bishops
of
England
did
deny
their
suffrage
to
their
Primate
.
So
unanimous
were
they
in
this
point
.
Which
unanimity
of
the
whole
Realm
both
Clergy
and
Laity
doth
appear
yet
more
evidently
by
the
Statute
of
Clarendon
,
made
in
the
Raign
of
the
grand-child
of
this
King
,
when
all
the
Prelates
and
Peeres
of
the
Realm
did
confirm
the
former
ancient
Brittish
English
custome
,
&c.
capiatur
,
et
de
eo
sicut
de
Regis
traditore
&
regni
,
sine
dilatione
fiat
justitia
.
If
any
one
be
found
bringing
in
the
Popes
Letter
or
Mandate
,
let
him
be
apprehended
,
and
let
justice
passe
upon
him
without
delay
as
a
traitor
to
the
King
and
Kingdom
.
And
generally
every
man
is
interdicted
,
or
forbidden
,
to
app●al
to
the
Pope
.
And
the
Legations
from
Rome
were
almost
as
rare
as
appeals
to
Rome
,
Roman
Priest
that
was
s●n●
into
those
parts
of
B●i●tain
,
from
the
time
of
S.
Austin
.
And
those
Legates
were
no
others
then
ordinary
messengers
or
Embassadors
,
sent
from
one
Neighbour
to
another
▪
Such
a
thing
as
a
Legantine
Court
,
or
a
Nuncios
Court
,
was
not
known
in
the
Brittish
world
in
those
ages
,
and
long
after
.
It
is
not
enough
to
shew
that
one
Roman
Bishop
did
once
send
over
one
or
two
Doctors
to
help
to
propagate
or
confirm
the
faith
,
or
to
lend
their
helping
hands
to
Religion
fainting
.
This
may
well
set
forth
their
devotion
,
and
our
obligation
.
But
further
as
to
the
present
question
it
signifies
just
nothing
.
Favours
cease
to
be
favours
,
when
they
are
done
on
purpose
to
deprive
men
of
their
ancient
liberties
.
The
Brittish
Bishops
,
and
English
also
,
have
done
as
much
for
other
Nations
,
over
whom
they
did
never
challenge
any
Jurisdiction
.
The
French
Church
sent
over
Germanus
&
Lupus
to
help
to
root
up
the
relicks
of
Pelagianisme
in
Brittain
,
yet
did
never
pretend
thereby
to
any
authority
over
the
Brittaines
.
Add
to
this
,
Ercombert
,
Ina
,
Withred
,
Alfrede
,
Edward
,
Athelstan
,
Edmond
,
Edgar
,
Athelred
,
Canutus
,
and
Edward
the
Confessor
,
among
whose
lawes
one
makes
it
the
office
of
a
King
to
govern
the
Church
as
the
Vicar
of
God
.
Another
implyes
a
power
in
the
King
and
his
Judges
,
to
take
cognisance
of
wrong
done
in
Ecclesiastical
Courts
.
It
was
to
this
Holy
King
Edward
the
Confessor
,
that
Pope
Nicholas
the
second
by
his
bull
for
him
and
his
Successours
,
granted
this
ensuing
priviledge
to
the
Kings
of
England
for
ever
;
Namely
,
the
Advocation
and
protection
of
all
the
Churches
of
England
,
and
power
in
his
stead
to
make
just
Ecclesiastical
constitutions
,
with
the
advise
of
their
Bishops
and
Abbats
.
This
grant
is
as
full
or
fuller
then
that
which
Vrban
the
second
made
to
Roger
Earl
of
Sicily
,
from
whence
the
Kings
of
Spain
at
this
day
do
not
onely
Challenge
,
but
enjoy
in
a
manner
all
Ecclesiastical
power
in
Sicily
.
If
the
Pope
had
ever
had
any
such
right
as
he
pretends
,
this
onely
Bull
were
sufficient
to
justifie
our
Kings
.
But
they
injoyed
this
very
power
from
the
beginning
,
as
an
essential
flower
of
their
Crownes
,
without
any
thanks
to
the
Pope
.
To
make
just
Ecclesiasticall
constitutions
in
the
Popes
stead
,
saith
the
Bull.
To
govern
the
Church
as
the
Vicar
of
God
,
saith
the
law
of
the
Land
.
The
Bishops
of
Rome
have
ever
been
very
kind
,
Iustiniana
Prima
;
so
they
served
Good
King
Edward
,
and
many
others
.
This
Legislative
power
in
Ecclesiastical
causes
over
Ecclesiasticall
persons
,
quare
Impedits
,
priviledge
of
Clergy
,
extortions
of
Ecclesiasticall
courts
or
officers
,
and
regulating
their
due
fees
,
wages
of
Priests
,
Mortuaries
,
Sanctuaries
,
Appropriations
,
and
in
summe
all
things
which
did
belong
to
the
externall
subsistence
,
regiment
,
and
regulating
of
the
Church
,
and
this
in
the
raigns
of
our
best
Kings
,
long
and
long
before
the
reformation
.
Othobone
the
Popes
Legate
under
Vrban
the
fifth
would
have
indowed
Vicars
upon
appropriated
Rectories
,
H.
6.
c.
11.
Co●k
R●port
.
Cawdries
case
.
The
Pope
could
not
translate
an
Arch
Bishoprick
or
a
Bishoprick
,
but
the
King
.
The
disposition
of
Ecclesiastical
preferments
upon
lapse
accrued
not
to
the
Pope
but
to
the
King
;
a
plain
evidence
that
he
was
the
Lord
Paramount
.
And
the
King
onely
could
incurre
no
lapse
,
Nullum
tempus
occurrit
Regi
;
because
the
law
supposed
that
he
was
busied
about
the
weightie
affaires
of
the
Kingdom
.
The
revenewes
of
a
Bishoprick
in
the
vacancy
belonged
not
unto
the
Pope
;
but
to
the
King
,
which
he
caused
to
be
restored
,
sometimes
from
the
time
of
the
first
vacancy
,
sometimes
from
the
time
of
the
filling
of
the
Church
with
a
new
Incumbent
according
to
his
good
pleasure
.
The
Canons
of
the
Pope
could
not
change
the
Ecclesiastical
Lawes
of
England
▪
but
the
King
,
Nolumus
leges
Angliae
mutari
,
We
will
not
have
the
lawes
of
England
to
be
changed
.
No
Legate
de
latere
was
allowed
by
the
law
in
England
,
but
the
Archbishop
of
Canturbury
.
Having
mentioned
the
statutes
of
Mortmain
,
to
maintain
and
patronize
Sacriledge
,
that
no
man
(
how
penitent
soever
)
could
restore
any
thing
to
the
Church
,
which
had
been
formerly
taken
from
it
.
God
forbid
.
First
the
statutes
of
Mortmain
were
not
made
by
Protestants
,
but
in
the
daies
of
Henry
the
third
,
Edward
the
first
,
and
Richard
the
second
,
between
the
last
of
which
,
and
Henry
the
eighth
,
there
raigned
six
Kings
successively
.
That
is
one
great
mistake
.
Secondly
,
the
Statutes
of
Mortmain
did
not
at
all
concern
the
restitution
of
any
thing
that
had
been
taken
away
.
There
was
no
use
for
that
in
those
daies
.
The
onely
scope
of
those
Lawes
was
to
restrain
the
first
donation
of
Lands
to
the
Church
without
royal
assent
,
That
is
another
mistake
.
Thirdly
,
these
very
Lawes
of
Mortmain
are
not
so
incredible
,
nor
so
hard
to
be
believed
,
nor
so
altogether
destitute
of
presidents
and
examples
,
as
that
authour
doth
imagine
,
so
as
posterity
should
scarcely
believe
that
ever
any
such
Law
had
been
made
.
He
might
have
remembred
the
Proclamation
of
Moses
,
when
the
people
had
already
offered
abundantly
,
for
the
adorning
of
the
Sanctuary
▪
Let
neither
man
nor
woman
make
any
more
work
for
the
offering
of
the
Sanctuary
.
So
the
people
were
restrained
from
bringing
.
He
might
have
called
to
mind
a
like
law
of
Theodosius
a
godly
Emperour
,
and
propitious
to
the
Church
,
to
moderate
the
peoples
bounty
,
and
the
Clergies
covetousness
.
Which
Law
Saint
Ambrose
and
Saint
Hierome
do
so
much
complain
of
,
Emanuel
Comenus
.
He
might
have
remembred
,
that
the
troubles
between
the
Pope
and
the
Venetians
did
spring
partly
from
such
a
Law
.
Briefly
,
with
a
little
search
he
might
have
found
like
Lawes
in
Germany
,
Poland
,
France
,
Spain
,
Italy
,
Sicily
;
And
if
he
will
trust
Padre
Pa●lo
,
in
the
Papacy
it self
.
The
Prince
cannot
wrong
his
Subject
that
is
an
owner
or
possessour
of
Lands
or
haereditaments
in
a
well
ordered
State
.
Then
why
should
it
be
in
the
power
of
a
Subject
that
is
an
owner
to
wrong
his
Prince
and
his
Country
?
But
by
such
alienations
of
Lands
to
the
Church
in
an
excessive
and
unproportionable
measure
,
the
Prince
loseth
his
right
,
that
is
,
both
his
tribute
,
and
his
military
service
,
and
fines
upon
change
of
Tenants
.
The
Common-Wealth
loseth
its
supportation
and
due
protection
.
Therefore
they
were
called
the
Lawes
of
Mortmain
,
because
Lands
so
ali●nated
to
the
Church
were
put
into
a
dead
hand
,
from
whence
they
never
returned
:
And
so
in
time
the
whole
Signioury
should
be
the
Churches
,
as
it
is
elegantly
expressed
by
the
Venetian
Oratour
to
Paul
the
fifth
,
Nè
fortunis
omnibus
exuantur
,
ne
quicquid
sub
coelo
Veneto
homines
arant
,
ferunt
,
aedificant
,
omnia
veluti
quodam
oceano
Ecclesiae
absorbeantur
,
●ihilque
sibi
reliqui
fiat
unde
Rempublicam
,
patriam
,
tecta
,
templa
,
aras
,
focos
,
sepultura
majorum
defendere
possint
,
Lest
the
Citizens
should
be
turned
out
of
their
estates
,
lest
all
which
men
plow
,
sow
,
build
under
the
V●netian
heaven
should
be
swallowed
up
into
the
Ocean
of
the
Church
;
And
nothing
be
left
where
with
to
defend
the
Common-Wealth
,
their
Country
,
their
houses
,
their
temples
,
their
altars
,
their
fires
,
and
the
sepulchers
of
their
Ancestors
.
To
prevent
this
great
inconvenience
,
the
Lawes
of
Mortmain
were
devised
prudently
,
to
ballance
the
spiritualty
and
the
temporalty
,
that
the
one
do
not
swallow
up
the
other
,
to
which
all
wise
Legislators
have
ever
had
,
&
ought
to
have
a
special
regard
.
In
France
no
man
can
build
a
new
Church
without
the
Kings
License
verified
in
Parliament
:
A
new
Monastery
builded
in
Genua
without
License
is
to
be
confiscated
.
In
Spain
without
License
Royal
no
new
Religions
can
enter
into
the
Kingdome
.
The
Fathers
of
Saint
Francis
de
Paula
began
to
build
a
Church
in
Madrid
,
upon
their
own
heads
,
but
they
were
stopped
.
So
aequitable
,
so
necessary
,
hath
this
Law
of
Mortmain
been
thought
to
all
Nations
.
But
to
leave
this
digression
,
and
to
come
up
closer
to
the
direct
point
without
any
consequences
.
Thomas
B●cket
Archbishop
of
Canterbury
,
The
King
called
a
general
Assembly
of
his
Archbishops
,
Bishops
,
Abbats
,
Priors
,
and
Peers
of
the
Realm
,
at
Clarendon
,
where
there
was
made
an
acknowledgment
or
memorial
,
cujusdam
partis
consuetudinum
&
libertatum
Antecessorum
suorum
,
Regis
videlicet
Henrici
avi
sui
,
&
aliorum
,
quaeobservari
debebant
in
Regno
,
&
ab
omnibus
teneri
,
of
a
certain
part
of
the
Customes
and
Liberties
of
his
predecessors
,
that
is
to
say
,
his
Grand-father
Henry
the
first
son
of
the
Conquerour
,
and
other
Kings
.
(
A
parte
)
but
ex
ungue
Leonem
;
from
the
view
of
this
part
we
may
conclude
of
what
nature
the
rest
were
(
of
the
customes
)
.
The
customes
of
England
are
the
Common
Law
of
the
Land
.
(
of
his
predecessors
)
that
is
to
say
,
the
Saxon
,
Danish
,
and
Norman
Kings
successively
.
And
therefore
no
marveil
if
they
ought
to
be
observed
of
all
.
This
part
of
their
ancient
customes
or
liberties
they
reduced
into
sixteen
Chapters
or
Articles
,
To
which
all
the
Archbishops
,
Bishops
and
other
Ecclesiasticks
,
with
all
the
Peeres
and
Nobles
of
the
Realm
did
not
onely
give
their
acknowledgment
,
and
consent
,
but
also
their
oathes
,
for
the
due
observation
of
them
.
It
would
be
tedious
and
impertinent
to
relate
them
all
,
I
will
onely
cull
out
some
of
them
.
One
was
,
that
all
appeales
in
England
must
proceed
regularly
from
the
Arch-Deacon
to
the
Bishop
,
from
the
Bishop
to
the
Archbishop
,
and
if
the
Archbishop
failed
to
do
justice
,
the
last
complaint
must
be
to
the
King
,
to
give
order
for
redresse
,
that
is
,
by
fit
Delegates
.
But
there
might
be
no
further
or
other
Appeales
without
the
consent
of
the
King
:
whereby
the
Nunciature●
,
and
Legantine
Court
,
and
the
Court
of
Rome
it self
are
all
at
the
Kings
mercy
.
Wherein
did
the
Popes
great
strength
lie
in
those
dayes
?
when
his
hands
were
fast
tied
both
at
home
and
abroad
.
Another
Custome
was
,
that
no
Ecclesiasticall
person
might
depart
out
of
the
Kingdome
without
the
Kings
License
(
no
not
though
he
were
summoned
by
the
Bishop
of
Rome
.
)
And
if
the
King
permitted
them
to
go
,
yet
if
he
required
it
,
they
must
give
caution
or
security
to
act
nothing
hurtful
or
prejudicial
to
the
King
or
Kingdome
,
in
their
going
thither
,
abiding
there
,
a●d
returning
home
.
You
see
our
Ancestors
were
jealous
of
Rome
in
those
daies
.
Whether
it
was
their
providence
or
their
experience
that
●aught
them
this
lesson
,
certainly
their
prudence
to
prevent
dangers
was
very
commendable
.
A
third
custome
was
,
that
the
revenues
of
all
Ecclesiastical
dignities
belonging
to
the
Kings
demeisne
,
during
the
vacancy
,
were
to
be
received
by
the
King
,
as
freely
as
the
rents
of
his
own
demeisnes
.
Tell
me
,
who
was
then
the
Patron
and
Political
Head
of
the
Church
?
A
fourth
Custome
was
,
that
when
an
Arch-Bishoprick
,
Bishoprick
,
Abbacy
or
Priory
did
fall
void
,
the
election
was
to
be
made
by
such
of
the
principal
dignitaries
or
members
of
that
respective
Church
which
was
to
be
filled
,
as
the
King
should
call
together
for
that
purpose
,
with
the
Kings
consent
,
in
the
Kings
own
Chappell
.
And
there
the
person
elected
was
to
do
his
homage
and
fealty
to
the
King
,
as
to
his
Liege
Lord
.
That
later
form
of
,
Dei
&
Apostolicae
sedis
gratia
,
had
taken
no
root
in
England
in
those
daies
.
The
rest
are
of
the
same
nature
,
as
that
Controversies
concerning
Advowsons
ought
to
be
determined
in
the
Kings
Court
.
Benefices
belonging
to
the
Kings
patronage
could
not
be
appropriated
without
his
grant
.
When
a
Clergy
man
was
accused
of
any
Delinquency
,
the
Kings
Court
ought
to
determine
what
part
of
his
accusation
was
of
Civil
,
and
what
part
of
Ecclesiastical
cognisance
.
And
the
Kings
Justice
might
send
to
the
Ecclesiastical
Court
to
see
it
ordered
accordingly
.
None
of
the
Kings
Servants
or
Tenants
that
held
of
him
in
capite
might
be
excommunicated
,
nor
their
Lands
interdicted
,
before
the
King
was
made
acquainted
.
When
it
was
questioned
whether
a
Tenement
were
of
Ecclesiastick
or
Lay
fee
,
the
Kings
Justice
was
to
determine
it
by
the
oathes
of
twelve
men
.
All
Ecclesiasticall
persons
who
held
any
possessions
from
the
King
in
capite
,
were
to
do
suit
and
service
for
the
same
as
other
Barons
did
,
and
to
joyn
with
the
Kings
Barons
in
the
Kings
Judgments
,
untill
it
came
to
sentence
of
death
,
or
diminution
of
member
.
To
this
memorial
all
the
Nobility
and
Clergy
of
the
English
Nation
did
swear
firmly
,
in
the
word
of
truth
,
to
keep
all
the
customes
therein
contained
,
and
observe
them
faithfully
to
the
King
and
his
heires
for
ever
.
Among
the
rest
,
Thomas
Becket
the
Archbishop
of
Canterbury
himself
was
carried
along
with
the
crowd
to
take
this
Oath
:
Though
shortly
after
he
fell
from
it
,
and
admitted
the
Popes
absolution
.
By
the
Statute
of
Carlile
made
in
the
daies
of
Edward
the
first
it
was
declared
,
And
that
the
several
incroachments
of
the
Bishop
of
Rome
specified
in
that
Act
,
did
tend
to
the
annullation
of
the
state
of
the
Church
,
the
disinheriting
of
the
King
and
the
Peeres
,
and
the
destruction
of
the
Lawes
and
rights
of
the
Realm
,
(
contra
formam
collationis
)
contrary
to
the
disposition
and
will
of
the
first
founders
.
Observe
[
in
the
estate
of
Prelacy
]
not
of
Papacy
.
[
within
the
Realm
]
not
without
it
.
[
By
the
Kings
]
not
by
the
Popes
,
of
whose
exorbitant
and
destructive
usurpations
as
our
Ancestors
were
most
sensible
;
so
they
wanted
neither
will
nor
power
to
remedy
them
.
To
corroborate
this
Law
by
former
presidents
,
and
thereby
to
shew
that
our
Kings
were
ever
accounted
the
right
Patrons
of
the
English
Church
.
William
Rufus
upon
his
death-bed
elected
Anselme
to
be
Archbishop
of
Canterbury
.
And
untill
the
daies
of
Henry
the
first
,
the
Popes
never
pretended
any
right
,
nor
laid
any
claim
to
the
Patronage
of
the
English
Churches
.
The
Articles
of
the
Clergy
do
prescribe
that
elections
be
free
,
And
the
Statute
of
provisors
,
Our
Soveraign
Lord
the
King
and
his
heires
,
shall
have
and
enjoy
for
the
time
the
collations
to
the
Archbishopricks
and
other
dignities
elective
which
be
of
his
Advowry
,
such
as
his
progenitors
had
before
free
election
was
granted
.
Sith
the
first
elections
were
granted
by
the
Kings
progenitors
upon
a
certain
form
and
condition
,
as
namely
,
to
demand
License
of
the
King
to
choose
,
and
after
choise
made
,
to
have
his
Royal
assent
.
Which
condition
not
being
kept
,
the
thing
ought
by
reason
to
return
to
its
first
nature
.
Further
by
the
same
Statute
of
provisors
it
is
declaratively
enacted
,
That
it
is
the
right
of
the
Crown
of
England
,
and
the
Law
of
the
Realm
,
that
upon
such
mischiefs
and
dammages
happening
to
the
Realm
,
(
by
the
incroachments
and
oppressions
of
the
Court
of
Rome
mentioned
in
the
body
of
that
Law
)
The
King
ought
,
and
is
bound
by
his
oath
with
the
accord
of
his
people
in
Pa●liament
,
to
make
remedy
and
Law
,
for
the
removing
of
such
mischiefs
.
We
find
at
least
seven
or
eight
such
Statutes
made
in
the
Raigns
of
several
Kings
against
Papal
provisions
,
reservations
,
and
collations
,
and
the
mischiefs
that
flowed
from
thence
.
Let
us
listen
to
another
Law
,
The
Crown
of
England
hath
been
so
free
at
all
times
,
that
it
hath
been
i●
no
earthly
subjection
,
but
immediately
subjected
to
God
in
all
things
touching
its
regality
,
and
to
no
other
,
and
ought
not
to
be
submitted
to
the
Pope
.
Observe
these
expressions
,
free
at
all
times
,
free
in
all
things
,
in
no
earthly
subjection
,
immediately
subjected
to
God
,
not
to
be
submitted
to
the
Pope
.
And
all
this
in
Ecclesiastical
affaires
,
for
of
that
nature
were
all
the
grievances
complained
of
in
that
Law
,
as
appears
by
the
view
of
the
Statute
it self
.
Then
if
the
Kings
of
England
and
the
representative
body
of
the
English
Church
do
reform
themselves
according
to
the
word
of
God
,
and
the
purest
Patterns
of
the
primitive
times
,
they
owe
no
account
to
any
,
as
of
duty
,
but
to
God
alone
.
By
the
same
statute
it
is
enacted
,
That
they
who
shall
procure
or
prosecute
any
popish
Bulls
and
excommunications
(
in
certain
cases
)
shall
incurre
the
forfeiture
of
their
estates
,
or
be
banished
,
or
put
out
of
the
Kings
protection
.
By
other
statutes
it
is
enacted
.
That
whosoever
should
draw
any
of
the
Kings
Subjects
out
of
the
Realm
,
(
to
Rome
)
in
plea
about
any
cause
,
whereof
the
cognisance
belongeth
to
the
Kings
Court
,
or
should
sue
in
any
forrain
court
to
defeat
any
judgment
given
in
the
Kings
court
,
(
That
is
by
appealing
to
Rome
)
they
should
incur
the
same
penalties
.
The
body
of
the
Kingdom
would
not
suffer
Edward
the
first
to
be
cited
before
the
Pope
.
Henry
the
sixth
,
by
the
Councel
of
Humphry
Duke
of
Glocester
the
Protector
,
protested
against
Pope
Martin
and
his
Legate
,
That
they
would
not
admit
him
contrary
to
the
lawes
and
liberties
of
the
Realm
,
So
we
see
plainly
,
that
the
King
and
Church
of
England
ever
injoyed
as
great
or
greater
liberties
then
the
Gallican
King
and
Church
.
And
that
King
Henry
the
eighth
did
no
more
in
effect
then
his
progenitors
from
time
to
time
had
done
before
him
.
Onely
they
laboured
to
damme
up
the
stream
,
and
he
thought
it
more
expedient
to
stop
up
the
fountain
of
papal
Tyranny
,
not
by
limiting
the
habitual
Jurisdiction
of
the
Roman
Bishop
,
which
was
not
in
his
power
to
do
,
but
by
substracting
the
matter
,
and
restraining
the
actual
exercise
of
it
within
his
own
dominions
.
And
it
is
observable
,
that
in
the
greatest
heat
of
these
contentions
,
the
Praelates
of
the
Realm
being
present
in
Parliament
disavowed
the
Popes
incroachments
,
and
offered
the
King
to
stand
with
him
in
these
and
all
other
cases
touching
his
Crown
and
regality
,
as
they
were
bound
by
their
allegiance
.
That
is
,
according
to
the
law
of
Fe●ds
,
according
to
their
homage
done
,
and
according
to
the
oath
which
they
had
taken
at
their
Investitures
into
their
Bishopricks
.
Indeed
,
of
later
daies
during
those
bloudy
wars
between
the
houses
of
York
and
Lancaster
,
the
Popes
sometimes
invaded
this
undoubted
right
of
our
Kings
de
facto
,
not
de
jure
,
as
was
easie
for
them
to
do
,
And
tendered
to
the
Bishops
at
their
investitures
another
oath
of
their
own
making
,
at
first
modest
and
innocent
enough
,
that
they
should
observe
regulas
Sanctorum
Patrum
,
the
rules
of
the
Holy
Fathers
;
But
after
they
altered
the
oath
,
he
would
not
bind
himself
to
any
thing
contrary
to
the
Lawes
of
God
or
the
Realm
,
or
the
benefit
thereof
;
Nor
yet
limit
himself
in
the
reformation
or
Government
of
the
Church
.
Many
things
in
prudence
might
be
done
but
for
fear
of
such
like
alterations
and
incroachments
.
Our
Kings
gave
Peterpence
to
Rome
as
an
almes
;
But
in
processe
of
time
it
was
exacted
as
a
tribute
.
The
Emperours
for
more
solemnity
chose
to
be
sworn
by
the
Pope
at
Rome
▪
as
the
Kings
of
France
at
Rhemes
,
and
the
Kings
of
England
at
Westminster
.
And
this
was
misinterpreted
as
a
doing
homage
to
the
Pope
.
Rex
venit
a●te
fores
jurans
prius
urbis
honor●●
,
Post
homo
fit
Papae
,
sumit
quo
dante
coronam
.
The
King
doth
come
before
the
gate
,
first
swearing
to
the
Cities
state
.
The
Popes
man
then
doth
he
become
,
And
of
his
gift
doth
take
the
Crown
.
Poets
might
be
bold
by
authority
:
But
it
rested
not
there
.
Good
Authors
affirm
the
challenge
in
good
earnest
.
declaramus
juramenta
praedicta
fide
litatis
existere
e●
cerse●i
debere
,
We
declare
that
the
aforesaid
oathes
are
and
ought
to
be
esteemed
oathes
of
allegiance
.
Lay
these
particulars
together
,
What
did
King
Henry
the
eighth
in
effect
more
then
this
?
He
forbad
all
suites
to
the
Court
of
Rome
by
proclamation
,
which
Sanders
calls
the
beginning
of
the
Schisme
,
divers
Statutes
did
the
same
.
govern
the
Church
as
the
Vicar
of
God
in
his
own
Kingdome
.
So
did
his
predecessours
hold
their
Crowns
as
immediately
subjected
to
God
,
not
subjected
to
the
Pope
.
On
the
other
side
,
the
Pope
by
our
English
Lawes
could
neither
reward
freely
,
nor
punish
freely
,
neither
whom
,
nor
where
,
nor
when
he
thought
fit
,
but
by
the
consent
or
connivence
of
the
State
.
He
could
neither
do
justice
in
England
by
the
Legates
without
controllment
,
nor
call
English
men
to
Rome
without
the
Kings
License
.
Here
is
small
appearance
of
a
good
legal
prescription
,
nor
any
pregnant
signs
of
any
Soveraign
power
and
Jurisdiction
,
by
undoubted
right
,
and
so
evident
uncontroverted
a
title
as
is
pretended
.
I
might
conclude
this
my
second
proposition
with
the
testimonies
of
the
greatest
Lawyers
and
Judges
of
our
land
.
Therefore
our
Ecclesiasticall
law
was
called
the
Kings
law
,
because
the
edge
and
validity
of
it
did
proceed
from
authority
royal
,
our
Ecclesiasticall
Courts
were
stiled
the
Kings
Courts
▪
by
his
Judges
.
It
is
true
,
the
habitual
Jurisdiction
of
Bishops
flowes
from
their
Ordination
:
But
the
actual
exercise
thereof
in
Publick
courts
,
after
a
coercive
manner
is
from
the
gracious
concessions
of
Soveraign
Princes
.
In
a
word
,
the
law
being
meerly
intended
as
a
remedy
against
usurpation
,
it
cannot
be
a
new
Law
,
but
onely
a
Legislative
declaration
of
the
Old
Common
Law
of
England
.
I
will
conclude
this
Chapter
with
the
words
of
Bishop
Bilson
:
As
for
his
Patriarchate
by
Gods
law
he
hath
non●
;
in
this
Realm
for
Six
hundred
years
after
Christ
he
had
non●
;
CHAP.
V.
That
the
Britanick
Churches
were
ever
exempted
from
forraign
Iurisdiction
,
for
the
first
six
hundred
years
,
And
so
ought
to
continue
.
THirdly
,
supposing
that
the
reformed
Church
of
England
had
separated
it self
from
Rome
,
and
supposing
that
the
municipal
laws
of
the
Realm
then
in
force
had
not
warranted
such
a
separation
;
yet
the
British
Churches
,
that
is
the
Churches
of
the
British
Islands
,
England
,
Scotland
,
and
Ireland
,
&c.
by
the
constitution
of
the
Apostles
,
and
by
the
solemne
sentence
of
the
Catholique
Church
,
are
exempted
from
all
forraign
Jurisdiction
,
and
cannot
be
Schismatical
in
the
lawful
vindication
of
a
just
priviledge
so
well
founded
:
for
the
clearer
manifestation
whereof
let
us
consider
.
First
,
that
all
the
twelve
Apostles
were
equall
in
mission
,
So
much
Bellarmine
confesseth
,
that
by
these
words
,
As
my
father
sent
me
,
so
send
I
you
,
Our
Saviour
endowed
them
with
all
the
fulnesse
of
power
that
mortall
men
were
capable
of
.
And
therefore
no
single
Apostle
had
Jurisdiction
over
the
rest
,
par
in
parem
no●
habet
potestatem
,
Iohn
,
Iudas
and
Sylas
;
Or
informations
of
great
moment
were
to
be
heard
▪
Secondly
,
cui
bono
?
for
whose
advantage
this
distinction
was
devised
,
it
was
not
for
S.
Peters
own
advantage
,
who
setting
aside
his
principallity
of
order
)
is
confessed
to
have
had
but
an
equall
share
of
power
with
his
fellow
Apostles
,
but
fo
rs
,
the
Popes
advantage
,
and
the
Roman
courts
,
whom
they
desire
to
invest
solely
with
the
key
of
all
originall
Jurisdiction
.
And
if
we
trace
on
this
Argument
a
little
further
,
ex
ass●
,
to
the
exclusion
of
his
Elder
Brother
the
Bishop
of
Antioch
,
they
produce
no
authority
that
I
have
seen
,
but
a
blind
ill
grounded
legend
,
Thirdly
,
It
behooves
the
Bishops
of
every
distinct
Nation
to
know
him
who
is
their
first
,
(
or
Primate
)
and
to
esteem
him
as
their
head
.
And
to
do
nothing
that
is
of
difficulty
,
or
great
moment
contrary
to
his
opinion
.
But
neither
let
him
.
do
any
thing
without
the
opinion
of
all
them
.
This
Nationall
Primacy
,
or
Protarchat●
,
or
Patriarchate
under
which
the
Britannique
Churches
flourished
for
many
ages
,
is
the
very
same
which
we
contend
for
.
Fourthly
,
First
,
Let
ancient
customes
prevail
.
And
these
customes
commonly
proceeded
either
from
the
memory
of
the
Apostles
,
who
had
founded
such
Churches
,
from
whence
as
from
Apostolical
fountaines
their
neighbours
did
fetch
sound
doctrine
,
and
reciprocally
paid
to
them
due
respect
.
So
Hosius
proposed
in
the
Occidental
Councel
of
Sardis
,
in
favour
of
the
See
of
Rome
,
Doth
it
please
you
that
we
should
honour
the
memory
of
St.
Peter
?
Conc
:
Chal.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
&c.
because
they
were
the
seats
of
the
Emperours
.
Secondly
,
Lastly
,
〈◊〉
Patriarchates
within
their
own
Territories
,
and
raised
up
new
Primats
or
Patriarchs
as
they
thought
fit
:
But
of
this
more
in
my
next
conclusion
.
Fifthly
,
Rome
,
Constantinople
,
Alexandria
,
Antioch
and
Hi●rusalem
;
and
their
great
power
and
authority
in
the
Church
,
especially
in
general
Councels
;
yet
there
were
many
other
Protarchs
or
Patriarchs
,
who
had
no
dependance
upon
them
at
all
out
of
Councel
,
nor
ought
them
any
obedience
,
but
onely
a
precedence
and
honourable
respect
.
Ruffinus
a
Priest
of
the
Romane
Church
who
lived
not
long
after
the
councel
of
Nice
;
Sicily
,
Sardinia
,
and
Corsica
.
Africk
had
a
Primate
of
their
own
at
Carthage
;
the
rest
of
Italy
at
Millaine
;
France
at
Arles
or
Lions
;
Germany
at
Vienna
;
Brittaine
was
removed
far
enough
out
of
this
account
.
But
this
appears
most
clearly
in
the
case
between
the
Patriarch
of
Antioch
and
the
Cyprian
Bishops
,
But
first
let
us
listen
to
the
words
of
the
Councel
;
Since
common
diseases
do
need
greater
remedies
,
because
they
bring
greater
damage
;
If
it
be
not
the
ancient
custome
that
the
Bishops
of
Antioch
ordain
in
Cyprus
,
as
the
Councel
is
sufficiently
satisfied
;
The
Cyprian
Praelates
shall
hold
their
rights
untouched
and
unviolated
,
according
to
the
Canons
of
the
holy
Fathers
,
and
the
ancient
custome
,
ordaining
their
own
Bishops
.
And
let
the
same
be
observed
in
other
Diocesses
,
and
in
all
Provinces
,
That
no
Bishop
occupy
another
Province
,
which
formerly
and
from
the
beginning
was
not
under
the
power
of
him
,
or
his
predecessors
.
If
any
do
occupy
another
Province
,
or
subject
it
by
force
,
let
him
restore
it
,
that
the
Canons
of
the
Fathers
be
not
sleighted
,
nor
pride
creep
into
the
Church
under
the
praetext
of
worldly
power
,
lest
by
little
and
little
that
liberty
be
lost
which
Christ
purchased
for
us
with
his
blood
.
Therefore
it
hath
pleased
the
Holy
Synod
,
that
every
Province
injoy
its
rights
and
customs
unviolated
,
which
it
had
from
the
beginning
.
These
words
from
the
beginning
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
are
twice
repeated
.
It
is
no
marvel
if
some
addicted
to
the
interest
of
Rome
have
gone
about
by
Slight
of
hand
,
but
very
unsuccessefully
to
shuffle
this
Canon
out
of
the
Acts
of
the
Councel
.
If
the
Fathers
in
that
Holy
and
oecumenical
Councel
,
were
so
tender
and
sensible
of
pride
creeping
into
the
Church
in
those
daies
,
and
of
the
danger
to
lose
their
Christian
liberty
in
the
case
of
the
Bishop
of
Antioch
,
who
neither
pretended
Divine
right
,
nor
universal
Jurisdiction
,
nor
superiority
above
Councels
,
what
would
they
not
have
said
or
done
in
this
present
case
of
the
Bishop
of
Rome
,
who
challengeth
not
onely
the
right
of
ordaining
,
but
the
grace
of
ordination
,
and
Soveraign
Jurisdiction
,
not
over
Cyprus
only
,
but
over
the
whole
Christian
world
;
not
from
custom
,
or
Canons
,
or
edicts
,
but
from
the
institution
of
Christ
,
who
makes
all
the
validity
of
the
decrees
of
those
oecumenical
Councels
which
his
Predecessours
received
and
reverenced
as
the
Gospell
,
to
depend
upon
his
own
confirmation
?
To
apply
this
home
to
the
question
.
from
the
beginning
,
had
not
been
under
the
Jurisdiction
of
him
or
his
Predecessours
;
And
that
if
any
Patriarch
usurped
any
Jurisdiction
over
a
free
Province
,
he
should
quit
it
,
for
so
it
pleased
,
not
the
Pope
,
but
the
Holy
Synod
,
that
every
province
should
injoy
its
ancient
rights
pure
and
inviolate
.
Now
if
it
shall
evidently
appear
,
that
the
Bishops
of
Rome
never
exercised
any
manner
of
Jurisdiction
over
the
Britannique
Churches
from
the
beginning
,
no
nor
yet
before
the
general
Councel
of
Ephesus
,
nor
for
six
hundred
years
after
Christ
,
that
is
,
untill
they
themselves
had
disowned
their
Patriarchal
right
,
when
Pope
Boniface
the
third
who
entred
into
the
Roman
See
about
three
years
after
the
death
of
Gregory
the
great
,
obtained
from
Phocas
an
usurping
Emperour
to
be
universal
Bishop
,
that
is
to
say
,
an
usurping
Monarch
over
the
Church
,
which
fell
out
so
soon
after
the
arrivall
of
Austin
in
England
,
that
there
wanted
time
to
have
settled
the
Roman
Patriarchate
in
Brittain
,
though
the
Brittons
had
been
as
willing
to
receive
it
,
as
they
were
averse
from
it
:
and
if
no
true
general
Councel
since
that
time
hath
ever
subjected
Brittain
unto
the
Roman
Court
;
Then
the
case
is
clear
,
that
Rome
can
pretend
no
right
over
Brittain
,
without
their
own
consents
,
nor
any
further
,
nor
for
any
longer
time
then
they
are
pleased
to
oblige
themselves
;
Then
the
subsequent
and
violent
usurpations
of
the
Roman
Bishops
cannot
render
them
Bonae
fidei
possessores
,
lawfull
owners
,
but
that
they
are
alwaies
bound
to
quit
their
incroachments
,
and
the
Brittannique
Churches
,
and
those
who
derive
by
succession
from
them
,
are
alwaies
free
to
vindicate
and
reassume
their
ancient
rights
and
priviledges
.
In
this
controversy
by
law
the
burthen
of
the
proof
ought
to
rest
upon
them
,
by
the
Grace
of
God
and
of
the
Apostolique
See
;
let
them
declare
to
the
world
how
many
of
our
British
Primates
or
Patriarchs
of
York
▪
London
,
or
Caerleon
,
have
constantly
,
or
at
all
repaired
to
Rome
,
to
be
ordained
,
or
have
received
Licenses
,
or
dispensations
thence
for
their
ordination
at
home
,
or
elsewhere
,
for
ordinationis
jus
caetera
jura
sequuntur
,
He
who
is
necessarily
by
law
obliged
to
have
recourse
to
a
forraign
Prelate
for
his
ordination
,
is
thereby
implyed
to
be
inferiour
or
subject
to
his
ordainer
.
If
they
can
say
nothing
to
any
of
these
points
,
they
may
disclaime
their
Patriarchall
right
in
Brittain
,
and
hold
their
peace
for
ever
.
The
reasons
why
I
set
York
before
London
in
the
order
of
our
British
Patriarchs
or
Primates
are
these
;
First
,
because
I
find
their
names
subscribed
in
that
order
in
the
Councel
of
Arles
,
held
in
the
year
314.
consisting
as
some
say
of
200.
as
others
say
of
600.
Bishops
,
convocated
by
Constantine
the
great
,
before
the
first
Councel
of
Nice
,
to
hear
and
determine
the
appeal
of
the
Donatists
,
from
the
sentence
of
the
Imperiall
delegates
,
whereof
Melchiades
the
Bishop
of
Rome
was
one
.
It
were
a
strange
sight
in
these
daies
to
see
a
Pope
turn
Legate
to
the
Emperours
in
a
cause
of
Ecclesiasticall
cognisance
.
Secondly
,
for
the
same
reason
that
Rome
and
Constantinople
in
those
daies
of
the
Roman
Puissance
were
dignified
above
all
other
Churches
,
because
they
were
then
the
seats
of
the
Emperours
.
York
was
then
an
Imperial
City
,
the
Metropolis
of
the
chief
Britannick
Province
,
called
at
that
time
maxima
Caesariensis
,
where
Severus
the
Emperour
died
,
and
had
his
funerall
pile
upon
Severs
hill
,
a
place
adjoyning
to
that
City
,
where
Constantine
the
great
was
born
,
in
domo
Regali
vocata
Pertenna
,
in
the
Royal
Palace
,
whereof
some
poor
remainders
are
yet
to
be
seen
,
then
called
Pertenna
,
now
a
small
part
of
it
called
vulgarly
Bederna
,
a
very
easy
mistake
,
if
we
consider
that
the
Brittish
Pronounce
P.
for
B.
and
T.
like
D.
situate
near
Christs
Church
in
Curia
Regis
or
in
the
Kings
Court
,
on
the
one
hand
,
and
extending
it self
near
to
St.
Helens
Church
upon
the
walls
,
now
demolished
,
on
the
other
hand
.
Although
their
silence
alone
to
my
former
demand
,
(
at
least
of
so
many
whom
I
have
seen
that
have
written
upon
this
Subject
)
be
a
sufficient
conviction
of
them
,
and
a
sufficient
vindication
of
us
,
yet
for
further
manifestation
of
the
truth
;
Let
us
consider
first
,
Tiberius
Caesar
:
where
as
it
is
confessed
that
Saint
Peter
came
not
to
Rome
,
to
lay
the
foundation
of
that
Church
,
untill
the
second
year
of
Claudius
,
secundo
Claudii
anno
in
Italiam
venit
.
So
if
we
look
to
the
beginning
,
Secondly
,
Thirdly
,
among
the
principal
priviledges
of
patriarchall
power
is
the
right
of
ordination
.
This
appears
clearly
in
the
dispute
between
the
Patriarch
of
Antioch
and
the
Cyprian
Bishops
;
But
where
the
Bishops
were
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
independent
upon
,
not
subject
unto
any
forrain
Prelate
there
,
they
ordained
at
their
own
pleasures
,
needed
no
License
.
Such
were
our
British
Primates
ordained
alwaies
,
or
ordinarily
at
Rome
,
according
to
the
Cyprian
priviledges
,
creating
new
Bishopricks
,
ordaining
new
Bishops
at
their
own
pleasures
,
without
giving
any
account
to
Rome
.
So
we
read
of
St.
Telaus
,
who
had
been
driven
out
of
his
own
Country
by
an
Epidemical
sicknesse
for
a
long
time
,
consecrated
and
ordained
Bishops
as
he
thought
fit
.
That
he
made
one
Hismael
Bishop
of
St.
Davids
.
And
in
like
manner
advanced
many
other
men
of
the
same
order
to
the
same
degree
,
sending
them
throughout
the
country
,
and
dividing
the
parishes
for
the
best
accommodation
of
the
Clergy
and
of
the
People
.
And
if
there
were
no
other
proofe
of
our
exemption
but
onely
the
small
number
of
the
Bishops
that
were
ordained
by
all
the
succeeding
Popes
for
about
the
first
three
hundred
years
untill
the
death
of
Marcellinus
:
It
were
sufficient
to
shew
that
the
Bishops
of
Rome
in
those
daies
had
little
or
nothing
to
do
out
of
their
owne
Province
,
and
that
their
jurisdiction
extended
nothing
near
so
far
as
Britain
.
Saint
Peter
Ordained
but
three
in
his
supposed
five
and
twenty
years
,
that
is
Linus
and
Cletus
,
Rome
.
Italy
alone
may
brag
well
near
of
as
many
Bishops
at
one
time
,
as
many
succeeding
Popes
did
ordain
in
all
their
ages
.
Let
them
not
tell
us
of
the
scarcity
of
Christians
in
those
dayes
.
The
writings
of
Tertullian
and
Saint
Cyprian
,
and
the
Councels
held
within
the
time
limited
,
do
evince
the
contrary
.
No
,
the
first
badge
of
their
Patriarchal
authority
in
Britain
was
sending
of
the
Pall
,
as
the
onely
badge
during
the
times
of
the
Britons
and
Saxons
;
And
the
first
Pall
that
came
into
Britain
was
after
six
hundred
years
.
But
this
doth
yet
appear
much
more
clearly
from
the
answer
of
Dionothus
the
Reverend
and
learned
Abbot
of
Bangor
,
he
knew
no
obedience
due
to
him
whom
they
called
the
Pope
,
but
the
obedience
of
love
;
And
that
under
God
they
were
to
be
governed
by
the
Bishop
of
Caerleon
.
Observe
first
,
what
strangers
the
Britons
were
to
the
Papacy
,
That
man
whom
you
call
the
Pope
.
Secondly
,
that
they
acknowledged
no
subjection
or
subordination
,
no
obedience
whatsoever
due
from
them
to
Rome
,
but
onely
the
reciprocal
duty
of
love
,
that
was
just
the
same
that
Rome
did
owe
to
them
.
Thirdly
,
that
under
God
,
that
is
immediatly
without
any
Forrein
Prelate
or
Patriarch
intervening
,
they
were
to
be
governed
by
the
Bishop
of
Caerleon
,
as
their
onely
Primate
and
Patriarch
.
Which
priviledge
continued
to
the
succeeding
Bishops
of
that
See
for
many
ages
afterwards
,
saving
that
the
Archiepiscopal
Chair
was
removed
from
Caerleon
to
St.
Davids
in
the
Raign
of
King
Arthur
.
And
lastly
,
observe
the
time
when
this
answer
was
made
,
after
the
first
six
hundred
years
were
expired
.
So
it
is
a
full
demonstrative
convincing
proof
for
the
whole
term
prefixed
.
But
lest
any
man
should
cavil
and
say
,
he
should
chuse
a
Law
[
Ecclesiastical
]
out
of
holy
writ
by
the
Councel
of
his
Kingdom
,
that
is
principally
of
his
Bishops
,
for
(
saith
he
)
you
are
the
Vicar
of
Christ
in
your
Kingdom
.
The
same
in
effect
which
is
conteined
in
the
Lawes
of
Edward
the
Confessor
.
Hence
it
is
that
both
our
Histories
and
our
Lawes
do
stile
our
Archbishops
Pri●ates
,
Barre
,
tanquam
alterius
orbis
Papam
,
as
the
Pope
of
another
world
;
Or
as
others
relate
the
passage
,
as
the
Apostle
of
another
world
,
and
a
Patriarch
worthy
to
be
reverenced
.
CHAP.
VI.
That
the
King
and
Church
of
England
had
both
sufficient
authority
and
sufficient
grounds
to
withdraw
their
obedience
from
Rome
,
and
did
it
with
due
moderation
.
SO
from
the
persons
who
made
the
separation
,
from
the
Lawes
and
Statutes
of
our
Realm
which
warranted
the
separation
,
and
from
the
ancient
Liberties
and
priviledges
of
the
Britannick
Churches
,
Doctor
Holden
proposeth
the
case
right
by
way
of
Objection
,
The
Protestants
do
say
indeed
without
all
peradventure
,
upon
that
very
ground
which
is
alledged
in
the
objection
.
Neither
do
the
Protestants
want
the
suffrage
of
Roman
Catholicks
therein
.
Because
humane
nature
(
saith
one
)
cannot
be
destitute
of
necessary
remedies
to
its
own
preservation
.
And
another
,
To
whom
a
Kingdome
is
granted
,
of
necessity
all
things
are
esteemed
to
be
granted
without
which
a
Kingdome
cannot
be
governed
.
And
a
Kingdom
cannot
be
governed
,
unlesse
the
King
enjoy
this
power
even
over
Clerks
,
&c.
Necessary
remedies
are
no
remedies
,
unlesse
they
be
just
,
but
worse
then
the
disease
.
And
being
just
,
the
Subject
is
obliged
to
active
obedience
.
But
let
us
see
what
the
Doctour
pleads
in
answer
to
his
own
objection
.
the
dependence
of
Bishops
,
and
other
Orthodox
Christians
upon
the
Pope
,
being
rightly
conceived
as
it
is
,
and
as
it
is
really
necessary
,
according
to
the
certain
and
true
princ●ples
of
Catholick
Religion
,
doth
not
bring
any
the
least
shadow
of
danger
to
the
Common-Wealth
,
though
in
hostility
with
the
Pope
,
or
of
a
different
communion
from
the
Pope
.
If
we
lived
in
Plato's
Common-Wealth
,
where
every
one
did
his
duty
,
this
reason
were
of
more
force
.
Far
be
it
from
us
to
imagine
,
that
the
right
exercise
of
any
lawful
power
,
grounded
upon
the
certain
and
true
principles
of
Catholick
Religion
,
should
be
dangerous
to
any
Society
.
But
this
is
not
our
case
.
What
if
the
Bishops
and
Court
of
Rome
have
swerved
from
those
certain
and
true
principles
of
Catholick
Religion
?
or
have
abused
that
power
which
was
committed
to
their
trust
by
Christ
,
or
by
his
Church
?
Or
have
usurped
more
authority
then
did
belong
unto
them
?
Or
have
Engrossed
all
Episcopal
Jurisdiction
to
themselves
,
leaving
the
Bishops
of
the
Land
but
Cyphers
in
their
own
Diocesses
?
Or
have
hazarded
the
utter
ruine
and
destruction
of
the
Church
by
their
Simony
,
extortion
,
provisions
,
reservations
,
and
exemptions
?
Or
have
obtruded
new
unwarrantable
Oathes
upon
the
Subjects
,
inconsistent
with
their
allegiance
?
Or
have
drained
the
Kingdome
of
its
treasure
by
pecuniary
avaricious
arts
?
Or
have
challenged
to
themselves
a
negative
voice
against
the
right
heir
of
the
Crown
;
Or
authority
to
depose
a
crowned
King
,
and
absolve
his
Subjects
from
their
Oathes
and
allegiance
to
their
Soveraignes
?
And
have
shewed
themselves
incorrigible
in
all
these
things
.
This
is
our
case
.
In
any
one
of
these
cases
,
much
more
in
them
all
conjoyned
,
it
is
not
onely
lawful
,
but
very
necessary
for
Christian
Princes
to
reform
such
grosse
abuses
,
and
to
free
themselves
and
their
Subjects
from
such
a
tyrannical
yoke
,
if
they
can
by
the
direction
of
a
general
Councel
,
if
not
of
a
Provincial
.
And
it
is
not
Schisme
but
Loyalty
in
their
Subjects
to
yeild
obedience
.
The
same
Author
proceeds
,
no
civil
power
how
Soveraign
soever
can
correct
the
fundamental
articles
of
Christian
faith
,
nor
pervert
the
order
of
sacred
rites
received
by
universal
tradition
as
instituted
by
Christ
,
nor
justifie
any
thing
by
their
Edicts
which
is
against
Christian
charity
.
To
all
this
we
do
readily
assent
,
and
never
did
presume
to
arrogate
to
our selves
,
or
to
exercise
any
such
power
.
But
still
this
is
wide
from
our
case
.
What
if
the
Bishop
of
Rome
have
presumed
to
coyn
and
attempted
to
obtrude
upon
us
new
Articles
of
Faith
,
as
he
hath
in
his
new
Creed
,
and
to
pervert
the
sacred
rites
instituted
by
Christ
,
as
in
his
with-holding
the
Cup
from
the
Laity
?
Then
without
doubt
not
we
,
but
he
is
guilty
of
the
Schisme
;
Then
it
is
lawful
to
separate
from
him
in
his
innovations
,
without
incurring
the
crime
of
Schisme
.
This
is
laid
down
by
the
Author
himself
as
an
evident
conclusion
,
and
we
thank
him
for
it
;
it
is
necessary
for
every
Christian
to
acknowledge
no
authority
under
heaven
,
either
Ecclesiastical
or
Civil
,
that
hath
power
to
abrogate
those
things
that
are
revealed
and
instituted
by
Christ
,
or
to
determine
those
things
which
are
opposite
unto
them
,
quod
Schismatis
origo
foret
,
which
should
be
the
original
of
Schisme
.
But
where
that
Author
infers
as
a
corollary
from
the
former
Proposition
,
no
Edict
of
a
Soveraign
Prince
can
Iustifie
Schisme
,
because
all
Schisme
is
destructive
to
Christian
charity
;
I
must
crave
leave
with
all
due
respect
to
his
person
,
to
his
learning
,
to
his
moderation
,
and
to
his
charity
,
to
rectifie
that
mistake
.
If
by
Schisme
he
understand
criminal
Schisme
,
that
which
he
saith
is
most
true
;
That
were
not
onely
to
Justifie
the
wicked
,
which
is
an
abhomination
to
the
Lord
,
but
to
justifie
wickednesse
it self
:
But
every
separation
or
Schisme
taken
in
a
large
sence
is
not
criminal
,
nor
at
all
destructive
to
Christian
Charity
.
Sometimes
it
is
a
necessary
,
Christian
,
charitable
duty
.
In
all
the
cases
that
I
have
supposed
above
,
and
shall
prove
hereafter
,
they
that
make
the
Separation
continue
Catholiques
,
and
they
that
give
the
cause
become
the
Schismatiques
.
But
it
may
be
urged
,
That
this
proceeds
from
the
merit
of
the
cause
,
not
from
the
authority
of
the
Soveraign
Prince
.
I
answer
,
It
proceeds
from
both
.
Three
things
are
necessary
to
make
a
publique
reformation
lawful
;
Just
grounds
,
due
moderation
,
and
sufficient
authority
.
There
may
be
just
grounds
without
sufficient
authority
,
and
sufficient
authority
without
just
grounds
;
and
both
sufficient
authority
and
just
grounds
without
due
moderation
.
But
where
these
three
things
concur
,
it
justifies
the
reformation
before
God
and
man
,
and
renders
that
separation
lawful
,
which
otherwise
were
Schismatical
.
Lastly
,
the
power
of
the
Soveraign
Magistrate
is
not
so
absolute
that
he
can
command
any
thing
at
his
pleasure
,
so
as
to
oblige
his
Subjects
to
obedience
,
in
things
repugnant
to
the
Law
of
nature
,
or
the
positive
Law
of
God
.
No
Orthodox
Christian
can
doubt
of
this
truth
.
Da
veniam
Imperator
,
tu
carcerom
,
ille
gehennam
minatur
,
Pardon
me
O
Emperour
,
thou
threatenest
me
with
imprisonment
,
but
God
Almighty
with
hell-fire
.
But
this
is
nothing
to
our
case
,
neither
the
Law
of
Nature
,
nor
the
Law
of
God
doth
injoyn
Brittish
Christians
to
buy
pardons
,
and
indulgences
,
and
dispensations
,
and
Bulls
,
and
Palls
,
and
priviledges
at
Rome
,
contrary
to
the
fundamental
Laws
of
the
Realm
.
Boniface
the
eighth
by
his
Bull
exempted
the
University
of
Oxford
from
the
Jurisdiction
of
the
Archbishop
of
Canterbury
,
Thomas
Arundel
Archbishop
,
in
praejudicium
Coronae
suae
,
&
Legum
&
consuetudinum
Regni
sui
enervationem
to
the
prejudice
of
his
Imperial
crown
,
and
to
the
weakning
of
the
Lawes
and
Customes
of
his
Realm
.
But
this
disobedience
to
the
decrees
of
Soveraign
Princes
must
be
joyned
with
passive
obedience
,
reum
facit
Principem
iniquitas
imperandi
,
innocentem
subditum
ordo
serviendi
,
The
Prince
may
be
unjust
in
his
commands
,
and
yet
the
Subject
innocent
in
his
obedience
.
Take
the
case
at
the
worst
,
it
must
be
doubtful
at
the
least
,
the
Popes
Soveraignty
and
the
Jurisdiction
of
the
Roman
Court
being
rejected
by
three
parts
of
the
Christian
world
,
and
so
unanimously
shaken
off
by
three
Kingdoms
.
And
in
such
a
case
,
who
is
fittest
to
be
Judge
,
the
Pope
,
the
People
,
or
the
King
;
Not
the
Pope
,
he
is
the
person
accused
,
And
frustra
expectatur
cujuslibet
authoritas
contra
seipsum
,
It
is
in
vain
to
expect
that
one
should
imploy
his
authority
against
himself
.
Not
the
people
;
would
a
Judge
take
it
well
,
that
a
Gaoler
should
detain
the
Prisoner
from
execution
,
untill
he
were
satisfied
of
the
justice
of
his
sentence
?
Or
a
Pilot
that
he
may
not
move
his
Rudder
according
to
the
alterable
face
of
the
heavens
,
but
at
the
discretion
of
the
ordinary
Marriners
?
No
,
whensoever
any
question
hath
been
moved
between
any
kingdom
or
Republick
of
what
Communion
soever
and
the
Court
of
Rome
,
concerning
the
liberties
and
priviledges
of
the
one
,
or
the
extortions
and
incroachments
of
the
other
,
they
have
evermore
assumed
the
last
Judicature
to
themselves
,
Pa●s
.
lait
&c.
Citati
a
Sancta
Clara
in
Art
37.
p.
420.
421.
as
of
right
it
doth
belong
unto
them
.
The
Romanists
themselves
do
acknowledge
that
Soveraign
Princes
by
the
Law
of
God
and
nature
,
not
only
may
,
but
are
in
justice
obliged
to
oppose
the
tyranny
of
Ecclesiastical
Judges
,
and
to
protect
and
free
their
subjects
from
their
violence
and
oppression
.
Parsons
himself
wondreth
that
any
man
should
deny
this
power
to
Kings
in
their
own
kingdomes
.
But
we
are
fully
satisfied
and
assured
,
that
that
universal
power
which
the
Pope
claimes
by
Divine
right
over
all
Christians
,
and
particularly
over
the
Britannique
Churches
without
their
consents
;
And
much
more
that
Jurisdiction
which
de
facto
he
did
,
or
at
least
would
have
exercised
there
,
(
and
lesse
then
which
he
would
not
go
)
to
the
destruction
of
their
natural
and
Christian
liberties
and
priviledges
,
was
and
is
a
tyrannical
and
oppressive
yoak
.
If
all
Christians
were
as
well
satisfied
of
the
truth
of
this
our
assumption
as
we
are
,
this
controversie
were
at
an
end
.
And
thus
far
all
Roman
Catholicks
not
interessed
,
nor
prepossessed
with
prejudice
,
do
accord
fully
with
us
,
that
by
whomsoever
Papal
power
was
given
,
whether
by
Christ
,
or
his
Apostles
,
or
the
Fathers
of
the
Church
in
succeeding
ages
,
it
was
given
for
edification
not
for
destruction
.
And
that
the
Roman
Court
in
later
dayes
hath
sought
to
impose
grievous
oppressive
and
intolerable
burthens
upon
their
subjects
,
which
it
is
lawful
for
them
to
shake
off
,
without
regarding
their
censure
,
as
we
shall
see
in
the
next
proposition
.
But
because
all
are
not
so
well
satisfied
about
the
just
extent
of
Papal
authority
and
power
,
we
must
search
a
little
higher
.
Secondly
,
we
do
both
agree
,
that
Soveraign
Princes
may
by
enabled
,
and
authorized
,
either
by
concession
or
by
prescription
for
time
immemoriall
,
Weigh
all
the
parts
of
Ecclesiastical
discipline
,
Iustinian
,
by
Menna
the
Archbishop
of
this
City
,
beloved
of
God
,
and
universal
Patriarch
,
to
grant
this
priviledge
to
the
most
reverend
Clerkes
,
&c.
in
pecuniary
causes
referring
them
first
to
the
Bishop
,
and
if
he
could
not
compose
or
determine
the
difference
,
then
to
the
secular
Judge
;
And
in
criminal
causes
if
the
crime
were
civil
,
to
the
civil
Magistrate
,
if
Ecclesiastical
,
to
the
Bishop
.
By
the
Councel
of
our
Bishops
and
Nobles
(
said
Charles
the
great
)
we
have
Ordained
Bishops
throughout
the
Cities
,
And
do
decree
to
assemble
a
Synod
every
year
,
that
in
our
presence
the
Canonical
decrees
,
and
Lawes
of
the
Church
may
be
restored
.
I
beseech
you
,
what
did
our
King
Henry
and
the
Church
of
England
more
at
the
reformation
?
It
is
true
,
Soveraign
Princes
are
not
said
properly
to
make
Canons
,
because
they
do
not
prescribe
them
under
pain
of
Excommunication
,
or
suspension
,
or
degradation
,
or
any
spirituall
punishment
.
But
to
affirm
that
they
cannot
make
Ecclesiasticall
constitutions
,
under
a
civill
pain
,
or
that
they
cannot
(
especially
with
the
advise
and
concurrence
of
their
Clergy
assembled
in
a
National
Synod
)
reform
errours
and
abuses
,
and
remedy
incroachments
and
usurpations
,
and
innovations
,
either
in
faith
or
discipline
,
and
regulate
the
new
Canons
,
or
Customes
of
Intruders
and
Upstarts
,
by
the
old
Canons
of
the
primitive
Fathers
,
is
contrary
to
the
sense
and
practise
of
all
antiquity
.
King
Solomon
deposed
Abiathar
from
the
high
Priesthood
and
put
Sadoc
in
his
place
.
(
damnatur
Bassus
calumniator
iniquus
annuente
Valentiniano
&c.
)
Leo
the
third
before
Charles
the
great
.
That
have
been
banished
by
Emperours
,
as
Liberius
unjustly
banished
by
Constantius
,
and
more
unjustly
restored
,
Sylverius
justly
banished
by
Iustinian
.
That
have
been
imprisoned
by
Soveraign
Princes
,
as
Pope
Iohn
the
first
by
Theodoric
.
That
have
been
deposed
by
them
,
As
Iohn
the
twelfth
by
Otho
the
great
,
and
Gregory
the
sixth
by
Henry
the
second
,
Henricus
secundus
in
Italiam
cum
magno
exercitu
veniens
,
the
second
coming
into
Italy
with
a
great
army
,
having
convocated
a
Synod
,
when
he
had
compelled
Benedict
the
Ninth
,
Sylvester
the
third
,
and
Gregory
the
sixth
,
as
three
most
filthy
monsters
to
quit
their
government
,
he
created
Syndeger
Bishop
of
Bamberge
,
afterwards
Clement
the
second
Pope
.
Of
old
when
any
Schisme
did
infest
the
Roman
Church
,
(
as
I
think
no
See
in
the
World
hath
been
oftner
rent
asunder
by
pretenders
to
the
Papacy
)
the
Emperours
when
they
pleased
did
assume
unto
themselves
the
cognisance
thereof
,
and
determine
the
succession
either
by
themselves
,
Eulalius
,
Theodoric
the
King
between
Symmachus
and
Laurentius
.
The
Exarch
of
Ravenna
between
Sergius
the
first
and
Paschalis
.
Otho
the
third
between
Iohn
the
Seventeenth
and
Gregory
the
fifth
.
But
when
these
imperiall
acts
are
done
in
Synods
,
they
are
more
authentique
and
more
conform
to
Antiquity
.
Thirdly
,
our
learned
and
ingenuous
countryman
Davenport
,
under
the
name
of
Franciscus
à
Sancta
Clara
,
(
far
be
it
from
me
to
censure
Christian
charity
and
moderation
for
lukewarmnesse
,
or
Atheistical
neutrality
,
like
those
whose
chief
religion
consists
in
crying
up
a
faction
,
I
rather
wish
he
had
been
more
universally
acquainted
with
our
English
Doctrine
)
in
his
paraphrastical
exposition
of
our
English
Articles
,
to
this
question
,
How
and
whether
it
be
lawful
in
points
of
faith
to
appeal
from
the
Pope
,
and
to
decline
his
Iudgment
,
cites
the
resolution
of
Gerson
in
these
words
following
,
Hoc
etiam
practicatum
est
per
quoscunque
Reges
et
Principes
,
&c.
This
also
hath
been
practised
by
all
Kings
&
Princes
,
who
have
withdrawn
themselves
from
the
obedience
of
those
whom
such
or
such
did
Iudge
to
be
Popes
,
which
substractions
neverthelesse
were
approved
by
the
sacred
Councell
of
Constance
,
some
expressely
,
some
implicitly
.
The
most
Christian
King
Lewis
the
twelfth
convocated
a
Nationall
Councell
of
the
French
Church
at
Towers
,
conclusum
est
per
Concilium
principem
posse
ab
obedien●ia
Papae
se
subducere
ac
substrahere
;
non
tamen
in
totum
et
indistincte
,
sed
pro
tuitione
tantum
ac
defensione
jurium
suorum
temporalium
.
It
was
concluded
by
the
Councel
,
that
the
Prince
might
withdraw
himself
from
the
obedience
of
the
Pope
;
yet
not
totally
,
nor
indistinctly
,
but
onely
for
the
defence
of
his
temporal
rights
.
The
fourth
proposition
was
,
when
such
a
substraction
was
lawfully
made
,
what
the
Prince
and
his
subjects
,
more
particularly
Prelates
and
other
Ecclesiastiques
,
ought
to
do
in
such
things
,
for
which
they
had
formerly
no
recourse
to
the
Apostolique
See
.
conclusum
est
per
concilium
servandum
esse
jus
commune
,
antiquum
,
et
pragmaticam
Sanctionem
regni
,
ex
deeretis
Sacro-Sancti
concilii
Basiliensis
desumptam
.
It
was
concluded
by
the
Councell
,
that
the
ancient
common
right
was
to
be
preserved
,
and
the
pragmaticall
Sanction
of
the
Kingdom
,
taken
out
of
the
Decrees
of
the
Sacred
Councell
of
Basil.
The
eighth
proposition
was
,
if
the
Pope
proceeding
unjustly
,
and
by
force
should
pronounce
any
censures
against
such
a
Prince
,
whether
they
ought
to
be
obeied
.
conclusum
est
unanimiter
per
concilium
talem
sententiam
nullam
esse
,
nec
de
jure
vel
alio
quocunque
modo
ligare
.
It
was
concluded
unanimously
by
the
Councell
,
that
such
a
Sentence
was
of
no
force
,
not
binding
in
law
,
or
any
other
way
;
which
opinion
or
resolution
of
theirs
the
above-men●tioned
Authour
saith
,
he
ought
not
to
condemne
whilest
the
Church
doth
tolerate
it
.
Behold
a
principall
cause
of
the
separation
of
the
English
Church
from
the
Pope
,
the
usurpations
and
incroachments
of
the
Roman
Court
upon
the
Politicall
rights
of
the
Crown
,
which
they
would
not
let
go
,
until
they
were
quite
shaken
off
.
Anthonius
de
Rosellis
a
zealous
assertour
of
the
Papall
authority
concludes
,
that
the
Pope
being
an
heretick
,
or
an
Apostate
,
though
but
in
secret
,
it
is
lawful
(
without
any
sentence
or
declaration
preceding
)
for
any
of
his
Subjects
that
know
it
,
This
may
well
be
doubted
of
in
the
case
of
private
persons
,
before
sentence
,
by
those
who
believe
him
to
be
constituted
by
Christ
the
Soveraign
Monarch
of
the
Universall
Church
;
But
in
the
case
of
Soveraign
Princes
with
Provincial
Councells
,
when
Generall
Councells
cannot
be
had
,
and
much
more
when
General
Councells
have
given
their
sentence
formerly
in
the
case
(
as
the
Councells
of
Constance
and
Basil
have
done
concerning
the
Papacy
,
)
de
.
resol
.
fid.
l.
1.
C.
8.
P.
152.
lately
devised
and
obtruded
,
contrary
to
the
determination
of
the
General
Councel
of
Ephesus
,
of
which
let
us
hear
what
is
Doctor
Holdens
opinion
,
Notum
est
inter
Catholicos
omnes
tanquans
axioma
certissimum
,
&c.
It
is
known
that
all
Catholicks
do
hold
this
as
a
most
certain
axiome
,
that
nothing
ought
or
may
be
maintained
for
a
Christian
revealed
truth
,
but
that
which
was
received
by
our
Ancestors
,
and
delivered
from
one
generation
to
another
by
continued
succession
from
the
times
of
the
Apostles
.
This
is
all
that
we
have
done
,
and
done
it
with
due
submission
to
the
highest
Judge
of
Ecclesiastical
controversies
upon
earth
,
that
is
a
general
Councel
.
If
the
Court
of
Rome
will
be
humorous
,
like
little
children
,
who
because
they
cannot
have
some
toy
that
they
have
a
mind
to
,
do
cast
away
all
that
their
parents
have
given
them
,
we
cannot
help
it
.
Over
and
above
all
the
former
grounds
which
the
Romanists
themselves
do
in
some
sort
acknowledge
.
I
propose
this
further
,
that
Patriarchal
power
in
external
things
is
subject
and
subordinate
to
Imperial
.
Ego
quidem
missioni
subjectus
eandem
legem
per
diversas
terrarum
partes
transmitto
,
&
quia
lex
ipsa
omnipotenti
deo
minime
concordat
,
Ecce
per
suggestionis
meae
paginam
dominis
nunciavi
;
utrobique
ergo
quae
debui
exolvi
,
qui
&
Imperatori
obedientiam
praebui
,
&
pro
deo
quid
sensi
minime
tacui
.
I
being
subject
to
your
command
have
transmitted
your
Law
to
be
published
through
diverse
parts
of
the
world
.
And
because
the
Law
itself
is
not
pleasing
to
Almighty
God
;
I
have
represented
my
opinion
thereof
to
my
Lords
;
wherefore
I
have
performed
my
duty
on
both
sides
,
in
yeelding
obedience
to
the
Emperour
,
and
not
concealing
what
I
thought
for
God
.
A
most
rare
and
Christian
president
of
that
great
Patriarch
,
and
fit
for
our
observation
and
imitation
in
these
dayes
;
He
acknowledged
the
Emperour
to
be
his
Lord
,
and
himself
to
be
subject
to
his
commands
.
And
though
no
humane
invention
can
warrant
an
act
that
is
Morally
evil
in
it self
,
yet
if
it
be
onely
impeditive
of
a
greater
good
,
as
that
blessed
Saint
did
take
this
Law
to
be
,
the
command
of
a
Soveraign
doth
weigh
down
the
scale
,
and
obligeth
a
Patriarch
to
obedience
in
a
matter
that
concerns
Religion
.
How
much
more
doth
the
command
of
the
English
Monarch
and
the
English
Church
disoblige
an
English
subject
from
a
forrein
Patriarch
,
whose
Original
right
is
but
humane
at
the
most
,
and
in
the
case
in
question
between
Rome
and
England
none
at
all
.
But
to
come
up
yet
closer
to
the
question
.
But
lest
it
may
be
conceived
,
that
this
was
not
done
at
all
by
Imperial
power
,
but
by
the
authority
of
the
Oecumenical
Synods
,
we
may
observe
further
,
that
Iustini●n
the
Emperour
by
his
sole
Soveraign
Legislative
power
did
new-found
the
Patriarchate
of
Iustiniana
prima
,
Novel.
11.
et
.
and
assign
a
province
unto
it
,
and
indow
it
with
most
ample
priviledges
,
King
Henry
the
Eight
had
the
same
Imperial
power
,
William
Rufus
,
Son
and
successor
of
the
Conqerour
said
most
truly
,
that
the
Kings
of
England
have
all
those
liberties
in
their
own
Kingdomes
,
which
the
Emperours
had
in
the
Empire
)
and
had
as
much
authority
to
exempt
his
own
subjects
from
the
Jurisdiction
of
one
Patriarch
,
If
the
Pope
had
been
the
King
of
Englands
Subject
,
as
former
Popes
were
the
Emperours
,
he
might
have
served
him
as
they
did
some
of
his
predecessours
,
called
a
Councel
,
regulated
him
,
and
reduced
him
to
order
and
reason
;
or
,
if
he
proved
incorrigible
,
have
deposed
him
.
But
the
Pope
being
a
stranger
,
all
that
he
could
justly
do
was
what
he
did
,
rather
then
to
see
his
royall
prerogative
daily
trampled
upon
,
his
Lawes
destroyed
,
his
Subjects
oppressed
,
rather
then
to
have
new
Articles
of
faith
daily
obtruded
upon
the
English
Church
,
rather
then
to
incur
the
peril
of
willful
Idolatry
,
against
conscience
and
therefore
formal
,
to
Cashier
the
Roman
Court
,
with
all
their
pardons
and
indulgences
and
other
Alchymistical
devices
,
out
of
his
Kingdoms
,
until
time
should
teach
them
to
content
themselves
with
moderate
things
,
which
endure
long
.
Or
untill
either
a
free
Oecumenical
Councel
,
or
an
Europaean
Synod
should
settle
controversies
,
and
tune
the
jarring
strings
of
the
Christian
world
.
In
the
mean
time
we
pitty
their
errours
,
pray
for
their
amendment
,
and
long
for
a
re-union
.
Now
the
just
grounds
of
such
subduction
or
separation
are
of
two
sorts
;
The
grounds
of
their
separation
were
many
,
—
Venalia
nobis
Templa
,
Sacerdotes
,
altaria
Sacra
coronae
,
Ignis
thura
,
pre●es
,
coelum
est
venale
deusqque
Temples
,
Priests
,
Altars
,
Myters
,
holy
Orders
,
Prayers
,
Masses
,
Heaven
,
and
God
himself
are
salable
at
Rome
.
It
is
no
marvel
,
they
that
buy
must
sell
;
And
whilest
I
am
writing
these
things
comes
fresh
intelligence
of
a
Book
lately
set
forth
,
de
Simoniae
praesentis
Pontificis
,
(
they
say
)
not
penned
,
but
dictated
by
such
as
know
right
well
the
most
secret
Cabales
,
and
Intriques
of
the
Conclave
.
Nam
propius
fama
est
hos
tangere
Divos
;
which
I
can
easily
impute
more
to
the
fault
of
the
place
,
then
of
the
man
.
The
oblation
of
the
body
and
blood
of
Christ
is
sold
,
fastings
and
penitentiary
works
are
sold
,
qui
non
potest
jejunare
per
se
,
potest
jejunare
per
aliam
,
vel
potest
dar●
nummam
pro
jejunio
.
The
merits
of
the
Saints
being
alive
are
sold
,
their
relicks
being
dead
are
sold
,
Scapulars
and
Monastick
garments
are
sold.
The
Iewes
with
their
Oxen
,
Sheep
,
and
Doves
,
were
but
petty
Merchants
in
comparison
of
these
great
bankers
.
Did
any
man
desire
a
pall
?
the
Law
it self
did
direct
them
what
to
do
,
pallium
non
datur
nisi
fortiter
postulanti
;
Matthew
Paris
puts
him
into
a
right
way
,
Tunc
sedes
clementissima
quae
nulli
de●sse
conscivit
,
dummodo
albi
aliquid
vel
rubei
intercedat
,
prescriptos
P●ntifices
&
Abbates
ad
pristinas
dignitates
misericorditer
revocavit
;
Then
the
most
pittiful
See
,
which
is
not
accustomed
to
be
wanting
to
any
suppliants
,
so
they
bring
white
or
yellow
advocates
along
with
them
,
did
mercifully
restore
the
said
Bishops
and
Abbats
to
their
former
dignities
.
It
is
almost
incredible
what
a
masse
of
treasure
they
collected
out
of
England
in
a
short
time
onely
from
investitures
,
Matthew
Paris
who
describes
the
abuses
and
extortions
of
the
Roman
Bishops
Graphically
throughout
his
History
;
And
in
one
place
he
bemones
the
condition
of
England
in
these
words
,
Erat
igitur
videre
dolorem
praecordialem
genas
sanctorum
irrigare
,
querelas
erumpere
,
suspiria
multiplicare
,
dicentibus
multis
cum
singulta
cruentato
,
melius
est
nobis
mori
quam
videre
malagentis
nostrae
&
Sanctorum
.
Vae
Angliae
quae
quondam
princeps
provinciarum
,
domina
gentium
,
speculiem
Ecclesiae
,
religionis
exemplum
,
nunc
facta
est
sub
tributo
,
conculcaverunt
eam
ignobiles
,
&
facta
est
in
praedam
de
generibus
,
&c.
Therrfore
a
man
might
see
sorrow
of
heart
,
water
the
eielids
of
holy
men
,
complaints
break
out
,
and
grones
multiplied
,
many
saying
with
bloody
sighs
,
It
is
better
for
us
to
die
then
to
see
the
misery
of
our
Nation
,
and
of
holy
persons
.
Wo
be
to
England
which
once
was
the
Princess
of
Provinces
,
the
Lady
of
Nations
,
the
glasse
of
the
Church
,
a
pattern
of
Religion
,
but
now
is
become
tributary
,
Ignoble
fellowes
have
troden
her
under
foot
,
And
she
is
made
a
prey
to
base
persons
.
Neither
was
this
the
complaint
of
the
Vulgar
onely
:
All
conscientious
men
were
of
the
same
mind
.
Who
hath
not
heard
of
the
bitter
complaints
and
free
declamations
of
Grosthead
the
learned
and
Religious
Bishop
of
Lincolne
,
against
the
Tyranny
and
Rapine
of
the
Roman
Courts
,
both
in
the
time
of
his
health
,
and
upon
his
death-bed
?
for
which
he
was
stiled
Romanorum
malleus
,
The
hammer
of
the
Romans
,
whereby
he
so
much
irritated
the
Pope
,
that
he
would
have
deposed
him
,
and
accursed
him
in
his
life
time
,
if
he
had
not
been
disswaded
by
his
Cardinals
in
respect
of
the
learning
,
and
holinesse
,
and
deserved
reputation
of
the
Bishop
;
And
after
his
death
would
have
had
his
Corps
disinterred
and
buried
in
a
dunghill
,
but
that
the
Bishop
appeared
to
him
the
night
before
,
and
gave
him
,
or
seemed
to
give
him
such
a
shrewd
remembrance
,
The
Pope
excommunicated
Sewalus
the
Archbishop
of
York
with
Bell
Book
and
Candle
,
But
non
curavit
voluntati
papale
relicto
Iuris
rigare
muliebriter
obedire
.
Quapropter
quant●
magis
praecipient
Papa
maledicebatur
,
tanto
plus
a
populo
benedicebatur
tacite
tamen
propter
metum
Romanorum
.
He
cared
not
to
submit
womanishly
to
the
Popes
will
,
leaving
the
streight
rule
of
the
Law
.
wherefore
the
more
he
was
accused
by
the
Popes
command
,
the
more
he
was
blessed
of
the
People
,
but
secretly
for
fear
of
the
Romans
.
In
his
last
sicknesse
he
summoned
the
Pope
before
the
Tribunall
of
the
high
and
incorruptible
Judge
,
and
called
Heaven
and
Earth
to
be
his
witnesses
how
unjustly
the
Pope
had
oppressed
him
,
Dixit
Dominus
Petro
,
&c.
The
Lord
said
unto
St.
Peter
,
feed
my
sheep
,
not
clip
them
,
not
flea
them
,
not
unbowell
them
,
not
devoure
them
.
They
who
desire
to
know
what
opinion
the
English
had
of
the
greedinesse
and
extortion
of
the
Court
of
Rome
,
may
find
them
drawn
out
to
the
life
by
Chaucer
in
sundry
places
.
Such
thriving
Alchymists
were
never
heard
of
in
our
daies
,
The
second
ground
of
our
Ancestors
separation
of
themselves
from
the
Court
of
Rome
,
were
their
most
unjust
usurpations
,
and
daily
incroachments
and
intrenchments
,
and
extream
violations
of
all
sorts
of
rights
,
civill
and
Ecclesiastical
,
sacred
and
prophane
.
They
indeavoured
to
rob
the
King
of
the
fairest
flowers
of
his
Crown
,
As
of
his
right
to
convocare
Synods
,
and
to
confirm
Synods
within
his
own
dominions
,
of
his
Legislative
and
judiciary
power
in
Ecclesiasticall
causes
,
of
his
Politicall
Jurisdiction
over
Ecclesiastical
persons
,
of
his
Ecclesiasticall
Feuds
and
Investitures
of
Bishops
,
of
his
just
Patronages
of
Churches
founded
by
his
Ancestors
,
and
of
the
last
appeals
of
his
subjects
.
And
as
if
all
this
had
been
too
little
,
taking
advantage
of
King
Iohns
troubles
,
they
attempted
to
make
the
royall
Sc●pter
of
England
Feudotary
and
tributary
to
the
Crosier
staffe
of
Rome
at
the
annuall
rent
of
a
thousand
marks
.
Neither
is
this
the
case
of
England
alone
,
au●erre
et
dare
posse
.
We
have
power
to
take
away
and
to
give
Empires
,
Kingdoms
,
Principalities
,
and
whatsoever
mortal
men
can
have
;
because
I
confesse
that
it
is
not
generally
received
by
the
Roman
Church
.
Mr.
Blackwell
made
Archpriest
of
England
by
Clement
the
eighth
,
cites
Cardinall
Allen
,
with
much
honour
to
his
memorie
,
but
much
scandalized
at
his
doctrine
,
that
none
can
be
admitted
King
of
England
without
the
Popes
leave
:
His
words
are
these
,
Without
the
approbation
of
the
See
Apostolique
,
none
can
be
lawfull
King
or
Queen
of
England
by
reason
of
the
ancient
accord
made
between
Alexander
the
third
the
year
1171.
Card.
Allen.
1.
8.
and
Henry
the
second
then
King
,
when
he
was
absolved
for
the
death
of
St.
Thomas
of
Canterbury
,
That
no
man
might
lawfully
take
that
Crown
,
nor
be
accounted
as
King
till
he
were
confirmed
by
the
Soveraign
Pastor
of
our
souls
which
for
the
time
should
be
.
This
accord
afterwards
being
renewed
about
the
year
1210.
by
King
Iohn
,
who
confirmed
the
same
by
oath
to
Pandulphus
the
Popes
Legate
,
at
the
speciall
request
and
procurement
of
the
Lords
and
Commons
,
as
a
thing
most
necessary
for
preservation
of
the
Realm
from
unjust
usurpation
of
Tyrants
,
and
avoiding
other
inconveniences
which
they
had
proved
,
and
might
easily
fall
again
into
,
by
the
disorder
of
some
wicked
King
.
To
which
he
adds
with
the
like
disapprobation
a
like
testimony
of
Stanislaus
Christa
novic
a
Polonian
author
,
who
infers
upon
the
former
ground
that
the
Pope
may
depose
the
King
of
England
,
as
being
but
a
tributary
King
,
his
words
are
these
,
Thus
a
bold
stranger
altogether
ignorant
of
our
histories
and
of
our
lawes
shoots
his
bolt
at
all
adventures
upon
the
credit
of
a
shamefull
fiction
:
but
from
whom
did
they
learn
this
lesson
?
even
from
the
Pope
himself
.
Bishop
Grosthead
had
been
a
little
bold
with
the
Pope
for
his
extorting
courses
,
calling
him
Antichrist
,
and
murtherer
of
Souls
,
and
comparing
the
Court
of
Rome
to
Behemoth
,
that
putteth
his
mouth
to
the
river
Jordan
thinking
to
drink
it
up
,
and
stiling
the
oppression
of
the
English
Nation
an
Aegiptian
Bondage
.
He
had
good
reason
,
for
the
Court
of
Rome
in
those
daies
was
grown
past
shame
,
(
rubore
deposito
)
and
consequently
past
grace
.
The
Pope
irritated
with
this
usage
breaks
out
into
this
passionate
expression
,
Nonne
Rex
Anglorum
noster
est
Vasallus
,
et
ut
plus
dicam
mancipium
?
Is
not
the
King
of
England
our
Vassal
,
or
rather
our
Slave
?
Or
rather
are
these
fit
guests
to
be
entertained
in
a
Kingdom
that
make
no
more
of
our
Soveraign
Princes
then
their
Vassals
and
Slaves
,
who
can
neither
be
admitted
to
the
Crown
without
their
leave
,
nor
hold
it
but
by
their
grace
?
This
relation
of
Cardinal
Allen
brings
to
my
remembrance
the
question
of
Neoptolemus
to
Vlisses
when
he
should
have
taught
him
the
Art
of
lying
,
how
it
was
possible
for
one
to
tell
a
lie
without
blushing
?
The
Arch-Priest
is
much
more
ingenuous
,
affirming
that
the
assertions
touching
both
the
said
Kings
for
matter
of
fact
were
untrue
.
That
Henry
the
second
never
made
any
such
accord
with
Alexander
the
third
,
for
ought
that
he
could
ever
read
in
any
Chronicle
of
Credit
.
Then
the
oath
which
Henry
the
second
did
take
for
himself
,
(
not
for
his
heires
,
)
was
this
,
that
he
would
not
depart
from
him
or
his
successours
,
which
he
confirmes
by
the
testimony
of
Sir
Thomas
Moore
a
Lord
Chancellour
of
England
,
a
man
of
Extraordinary
learning
,
of
great
parts
,
of
so
good
affections
to
the
Roman
See
,
that
he
is
supposed
to
have
died
for
the
Popes
Supremacy
,
and
is
commended
by
Cardinall
Bellarmine
to
Mr.
Blackwell
as
a
Martyr
,
and
a
guide
of
many
others
to
Martyrdom
,
cum
ingenti
Anglica
nationis
gloria
,
certainly
one
who
had
as
much
means
to
know
the
truth
,
both
by
view
of
records
,
and
otherwise
,
as
any
man
living
:
Thus
writeth
he
,
If
he
,
(
the
author
of
the
beggars
supplication
)
say
as
indeed
some
writers
say
,
As
to
that
of
Henry
the
second
,
without
doubt
the
Archpriest
had
all
the
reason
in
the
world
for
him
.
Cardinall
Allen
did
not
write
by
inspiration
,
and
could
expect
no
more
credit
then
he
brought
authority
.
There
is
a
vast
difference
between
these
two
,
that
no
man
shall
be
accounted
King
of
England
untill
he
be
confirmed
by
the
Pope
:
And
this
other
,
that
the
King
in
his
own
person
would
not
desert
the
Pope
,
so
long
as
he
intreated
him
like
a
Catholick
King
.
The
former
is
most
dishonourable
to
the
Nation
,
and
Diametrally
opposite
to
the
fundamental
Lawes
of
the
Land
.
The
later
we
might
take
our selves
without
offence
to
God
or
our
own
consciences
.
But
to
make
our
Kings
their
vassals
aud
their
slaves
,
to
impoverish
their
Realm
,
and
to
commit
all
those
exorbitant
misdemeanours
against
them
,
which
we
have
related
in
part
,
and
shall
yet
describe
more
fully
,
was
neither
to
intreat
them
like
Catholick
Kings
,
nor
like
Christian
Kings
,
nor
yet
like
political
Kings
.
And
for
his
Saint
Thomas
of
Canterbury
we
do
not
believe
that
the
Popes
Canonisation
,
or
to
have
his
name
inserted
into
the
Calender
in
red
letters
,
makes
a
Saint
.
We
do
abhominate
that
murther
as
Lawlesse
and
Barbarous
,
to
sprinkle
not
onely
the
pavements
of
the
Church
,
but
the
very
altar
with
the
blood
of
a
Prelate
,
And
we
condemn
all
those
who
had
an
hand
in
it
:
But
we
do
not
believe
that
the
cause
of
his
suffering
was
sufficient
to
make
him
a
Martyr
,
namely
to
help
forraign●rs
to
pull
the
fairest
flowers
from
his
Princes
Diadem
by
violence
,
and
to
perjure
himself
,
and
violate
his
oath
given
for
the
observation
of
the
Articles
of
Clarendon
.
Whither
goest
thou
Traitor
?
stay
and
hear
thy
judgment
.
This
is
certain
,
The
first
time
that
ever
any
Pope
did
challenge
the
right
of
investitures
in
England
was
in
the
dayes
of
Henry
the
first
,
and
Paschal
the
second
was
the
first
Pope
that
ever
exacted
an
oath
from
any
forraign
Bishop
,
above
Eleven
hundred
years
after
Christ
.
Before
that
time
they
evermore
swore
fealty
to
their
Prince
,
de
Homagiis
,
de
Feudis
,
de
sacramentis
Episcoporum
,
Laicis
antea
exhibitis
,
There
was
great
consultation
about
the
homage
,
and
Fealty
,
and
oaths
of
Bishops
in
former
ages
sworn
to
Lay-men
.
These
new
articles
of
faith
are
too
young
to
make
Martyrs
.
Concerning
the
second
instance
of
King
Iohn
,
though
I
attribute
much
to
the
authority
of
Sir
Thomas
More
in
that
case
,
who
would
never
have
been
so
confident
unlesse
he
had
supposed
that
he
had
searched
the
matter
to
the
bottom
,
yet
his
zeal
to
the
Papacy
and
his
unwillingnesse
to
see
such
an
unworthy
act
proceed
from
that
See
might
perhaps
mislead
him
:
But
whereas
the
Cardinal
adds
upon
his
own
head
that
this
was
done
at
the
special
request
and
procurement
of
the
Lords
and
Commons
,
it
is
an
Egregious
forgery
and
well
deserves
a
whetstone
,
for
all
the
three
Orders
of
the
kingdom
,
Bishops
,
Barons
,
and
Commons
,
Thomas
More
is
most
certain
and
beyond
all
exception
,
that
if
either
Henry
the
second
,
or
King
Iohn
had
done
any
such
thing
,
it
was
not
worth
a
rush
,
nor
signified
any
thing
,
but
the
greedinesse
and
prophanenesse
of
these
pretended
vicars
of
Christ
,
who
prostituted
and
abused
their
Office
,
and
the
power
of
the
Keies
,
to
serve
their
base
and
avaritious
ends
,
and
lets
the
world
see
how
well
they
deserved
to
be
thrust
out
of
doores
.
What
?
That
no
man
might
be
crowned
,
or
accounted
King
of
England
,
untill
he
were
confirmed
by
the
Pope
?
By
the
Law
of
England
,
Rex
non
moritur
the
King
never
dies
.
And
doth
all
acts
of
Soveraignty
before
his
Coronation
as
well
as
after
.
They
robbed
the
Nobility
of
their
patronages
,
Those
Churches
which
their
Ancestours
had
founded
and
indowed
,
being
by
provisions
from
Rome
frequently
conferred
upon
strangers
,
which
could
not
speak
one
word
of
English
nor
did
ever
tread
upon
English
ground
;
Insomuch
,
that
at
one
time
there
were
so
many
Italians
beneficed
in
England
,
that
they
received
more
money
yearly
out
of
it
,
But
the
least
share
of
their
oppressions
did
not
light
upon
the
Bishops
,
who
by
their
dispensations
,
and
reservations
of
cases
,
and
of
pensions
,
and
exemptions
,
and
inhibitions
,
and
visitations
,
and
tenths
,
and
first
fruits
,
and
provisions
,
and
subsidiary
helps
,
were
impoverished
and
disabled
to
do
the
duties
of
their
function
:
They
take
their
aime
much
amisse
who
look
upon
Episcopacy
as
a
branch
of
Popery
,
or
a
device
of
the
Bishop
of
Rome
to
advance
his
own
greatnesse
.
Whereas
the
contrary
is
most
certain
,
that
the
Pope
is
the
greatest
Impugner
of
Bishops
,
and
the
Papacy
it self
sprung
from
the
unjust
usurpation
of
their
just
rights
.
Let
it
be
once
admitted
,
that
Bishops
are
by
divine
right
,
and
instantly
all
his
dispensations
,
and
reservations
,
and
exemptions
,
and
Indulgences
,
and
his
Conclave
of
Cardinalls
,
and
the
whole
Court
of
Rome
shrink
to
nothing
.
This
was
clearly
perceived
by
both
parties
in
the
ventilation
of
that
famous
question
in
the
Councel
of
Trent
,
concerning
the
divine
right
of
Bishops
,
proposed
by
the
Almaines
,
Polonians
and
Hungarians
,
seconded
bravely
by
the
Spaniards
,
prosecuted
home
by
the
French
,
owned
by
the
Archbishop
of
Paris
as
the
doctrine
of
Sorbone
,
and
onely
crossed
by
the
Italian
faction
,
to
preserve
the
glorie
of
their
own
country
,
and
the
advantages
which
that
nation
doth
reap
from
the
Papacy
.
By
whose
frowardnesse
and
prevarication
(
in
all
probability
)
the
re-union
of
the
Church
,
and
the
universal
peace
of
this
part
of
Christendom
in
necessary
Truths
,
was
hindred
at
that
time
.
I
presume
the
case
was
not
so
very
ill
in
forrain
parts
,
but
yet
ill
enough
.
Or
otherwise
St.
Bernard
would
not
have
made
so
bold
with
Eugenius
,
Why
do
you
thrust
your
sickle
into
other
mens
harvest
,
&c.
He
complaines
of
the
confusion
of
appeals
,
how
they
were
admitted
contrary
to
law
and
right
,
besides
custom
and
order
,
without
any
distinction
of
place
,
or
manner
,
or
time
,
or
cause
,
or
person
.
He
complaines
further
of
the
exemption
of
Abbats
from
their
Bishops
,
Bishops
from
their
Archbishops
,
Archbishops
from
their
Primates
.
And
this
he
stiles
Murmur
&
communem
querimoniam
Ecclesiarum
,
The
murmuring
and
common
complaint
of
the
Churches
.
Lastly
,
they
cheated
and
impoverished
the
people
by
their
dispensations
and
commutations
,
and
pardons
,
and
indulgences
,
and
expeditions
to
recover
the
holy
Land
,
and
Jubilees
,
and
pilgrimages
,
and
agnus
Dei's
,
and
a
thousand
pecuniary
Artifices
.
So
as
no
sort
of
men
escaped
their
fingers
.
The
third
ground
of
their
separation
from
Rome
was
,
Let
us
flatter
our selves
as
much
as
we
please
(
said
Tully
to
the
Romans
)
we
have
not
overcome
the
Spaniards
in
Number
,
nor
the
Galles
in
Force
,
nor
the
Carthaginians
in
Craft
,
nor
the
Grecians
in
Art
,
nor
the
Italians
in
Vnderstanding
,
but
the
advantage
which
we
have
gained
over
them
was
by
Religious
pi●ty
.
So
great
an
influence
hath
Religion
upon
the
body
Politique
.
Wherefore
our
Ancestors
having
seen
by
long
and
costly
experience
,
that
the
tyrannical
Jurisdiction
of
the
Roman
Court
instead
of
peace
and
tranquillity
did
produce
disunion
in
the
Realm
,
factions
and
animosities
between
the
Crown
and
the
Miter
,
intestine
discord
between
the
King
and
his
Barons
,
bad
intelligence
with
Neighbour-Princes
,
and
forreign
Wars
.
Having
seen
a
stranger
solicited
by
the
Pope
,
either
to
destroy
them
by
War
,
or
to
subdue
them
to
the
obedience
of
the
Roman
Court.
Having
seen
their
native
Country
given
away
as
a
prey
to
a
forreign
Prince
Philip
of
France
;
And
the
Pope
well
near
seated
in
the
Royal
Chair
of
Estate
,
for
him
and
his
successours
for
ever
,
to
the
endlesse
dishonour
of
the
English
name
and
Nation
,
by
the
cheating
tricks
of
Pandolphus
his
Legate
,
having
seen
English
Rebels
canonized
at
Rome
,
and
made
Saints
,
it
was
no
marvel
if
they
thought
it
high
time
to
free
themselves
from
such
a
chargable
and
dangerous
guest
.
Fourthly
,
Lastly
,
they
see
that
the
Popes
had
disclaimed
all
that
just
power
which
they
had
by
humane
right
,
and
challenged
to
themselves
a
spiritual
Monarchy
or
Sovereignty
by
divine
right
,
whereby
their
sufferings
which
in
themselves
were
unsupportable
,
were
made
also
irremediable
,
from
thence
.
Wherefore
they
sought
out
a
fit
expedient
for
themselves
,
being
neither
ignorant
of
their
old
Britannick
exemption
and
liberties
of
the
English
Church
,
nor
yet
of
the
weaknesse
of
the
Roman
pretences
.
Our
progenitors
knew
well
enough
that
their
authority
extended
not
to
take
away
any
the
least
particle
of
divine
right
,
if
there
had
been
any
such
,
Nor
could
they
justly
be
accused
of
violating
that
humane
right
,
which
had
been
quitted
long
before
;
nor
be
blamed
rightly
for
denying
obedience
to
him
from
whose
Jurisdiction
they
were
exempted
by
the
Canon
of
an
Oecumenical
Councel
,
and
who
had
himself
implicitely
renounced
that
Ecclesiastical
right
which
he
held
from
the
Church
.
Perhaps
some
may
conceive
a
defect
in
the
manner
of
proceeding
of
the
King
and
Church
of
England
,
that
they
did
not
first
make
a
Remonstrance
of
their
grievances
,
and
seek
redresse
of
the
Pope
himself
;
So
the
Councel
of
Towers
thought
it
fit
.
Visum
est
tamen
Concilio
,
ante
omnia
mittendos
Legatos
ad
D.
Papam
Julium
,
To
this
I
answer
first
,
That
it
had
been
reasonable
and
just
indeed
,
that
we
had
made
our
first
addresse
to
the
Pope
,
if
we
acknowledged
the
Roman
Bishop
to
be
our
lawful
Patriarch
:
But
the
same
respect
is
not
due
to
an
usurper
.
Secondly
,
we
have
seen
by
frequent
experience
,
how
vain
and
fruitlesse
such
addresses
have
proved
from
time
to
to
time
.
According
to
the
former
advise
of
the
Councel
of
Towers
,
The
most
ancient
arbitrary
imposition
of
the
Popes
upon
the
British
Churches
was
the
Pall
,
an
honourable
and
at
first
innocent
ensign
of
an
Archbishop
,
otherwise
of
no
great
moment
;
first
introduced
in
the
reigns
of
the
Saxon
Kings
after
the
six
hundreth
year
of
Christ
;
But
in
process
of
time
it
became
vendible
,
and
a
great
summe
was
exacted
for
it
,
whereof
Canutus
long
since
complained
at
Rome
,
and
had
remedy
promised
,
as
he
well
deserved
of
that
See
.
But
how
well
it
was
observed
,
the
experience
of
after-ages
doth
manifest
,
●isi
prius
praeste●
fidelitatis
et
obedientiae
juramentum
.
The
See
Apostolique
will
not
deliver
the
Pall
to
an
elect
Archbishop
,
unlesse
he
first
swear
fidelity
and
obedience
to
the
Pope
:
what
was
become
of
their
old
oath
of
allegiance
to
their
King
?
In
the
year
1245.
the
King
,
the
Lords
spiritual
and
temporal
,
and
the
whole
Common-Wealth
of
England
joyned
together
unanimously
in
a
complaint
,
and
exhibited
their
grievances
to
Rome
,
that
the
Pope
extorted
more
then
his
Peter-pence
out
of
the
Kingdom
contrary
to
law
,
that
the
Patrons
of
Churches
were
defrauded
of
their
rights
,
strangers
preferred
,
souls
endangered
,
their
bullion
exported
,
the
Kingdome
impoverished
,
provisions
made
,
pensions
exacted
.
That
the
English
were
drawn
out
of
the
Realm
by
the
authority
of
the
Pope
,
contrary
to
the
customes
of
the
Kingdom
.
They
complained
of
the
coming
among
them
of
the
Popes
infamous
messenger
,
They
complained
of
collections
without
the
Kings
leave
,
that
hospitality
was
not
kept
,
the
poor
not
sustained
,
the
Word
not
preached
,
Churches
not
adorned
,
the
cure
of
souls
neglected
,
divine
offices
not
performed
,
and
Churches
ruined
by
the
abuses
of
the
Papal
Court
.
I
cannot
omit
one
clause
in
the
letter
of
the
Lords
to
the
Pope
,
Nisi
de
gravaminibus
domino
Regi
et
regno
illatis
Rex
et
r●gnum
citiùs
liberentur
,
oportebit
nos
ponere
murum
pro
dom●
Domini
,
et
libertate
regni
.
Quod
quidem
ob
Apostolicae
sedis
reverentiam
,
hucusque
facere
distuli●us
.
Vnlesse
the
King
and
Kingdom
be
quickly
freed
from
these
grievances
,
we
must
make
a
wall
(
of
defence
or
partition
,
)
for
the
house
of
the
Lord
,
and
the
liberty
of
the
Kingdom
,
which
we
have
hitherto
forborn
to
do
out
of
our
reverend
respect
of
the
Apostolique
See
.
They
seem
to
allude
to
that
wall
which
Severus
made
to
save
the
Kingdom
from
the
incursions
of
the
Scots
and
Picts
.
Surely
that
was
not
more
necessary
then
,
than
that
wall
of
partition
which
Henry
the
eighth
made
afterwards
,
to
save
the
Realm
from
the
affronts
and
extortions
and
injuries
of
the
Roman
Court.
Neither
did
they
make
their
addresses
to
the
Pope
alone
,
but
to
the
Councel
of
Lyons
,
by
the
Procters
of
the
whole
Nobility
and
Commonalty
of
England
,
for
redresse
of
the
violent
oppressions
,
intolerable
grievances
,
and
impudent
exactions
which
were
practised
in
England
,
by
meanes
of
that
hateful
clause
,
non
obstante
,
too
often
inserted
in
the
Popes
letters
.
They
represented
that
there
were
so
many
Italians
for
the
most
part
ignorant
and
unlearned
,
that
understood
not
one
English
word
,
nor
did
ever
tread
upon
English
ground
,
beneficed
among
them
,
that
their
yearly
revenue
exceeded
the
revenue
of
the
Crown
.
Neither
did
they
complain
onely
,
they
durst
cry
and
whimper
when
they
were
beaten
,
and
perswades
the
King
of
France
to
invade
England
,
and
either
to
depose
the
King
or
subject
him
to
the
Court
of
Rome
,
which
lost
the
Pope
the
heart
of
the
English
.
The
King
told
them
that
their
King
began
to
kick
against
him
,
and
play
the
Frederick
.
And
they
threatened
,
that
if
he
persisted
they
should
be
forced
to
do
that
which
would
make
his
heart
ake
.
After
this
Edward
the
third
made
his
addresses
likewise
to
Rome
for
remedy
of
grievances
,
in
the
year
1343.
How
did
he
speed
?
No
better
then
his
Great
grandfather
Henry
the
third
,
Lastly
,
King
Henry
the
eighth
himself
had
been
long
a
suiter
unto
Clement
the
seventh
,
to
have
his
Predecessor
Iulius
the
seconds
dispensation
for
his
marriage
with
his
Brothers
wife
,
to
be
declared
void
.
But
though
the
Popes
own
Doctors
&
Universities
had
declared
the
dispensation
to
be
unlawfull
and
invalide
,
Now
having
seen
the
authority
of
our
Reformers
,
Neminem
judicantes
,
aut
à
jure
communionis
aliquem
,
si
diversum
senserit
,
amoventes
.
Iudging
no
man
,
removing
no
man
from
our
communion
,
for
difference
in
opinion
.
We
do
indeed
require
subscription
to
our
Articles
,
but
it
is
onely
from
them
who
are
our
own
,
not
from
strangers
;
nor
yet
of
all
our
own
,
but
onely
of
those
who
seek
to
be
initiated
into
holy
orders
,
or
are
to
be
admitted
to
some
Ecclesiastical
preferment
.
So
it
is
in
every
mans
election
whether
he
will
put
himself
upon
a
necessity
of
subscription
or
not
;
neither
are
our
Articles
penned
with
Anathema's
or
curses
against
all
those
,
even
of
our
own
who
do
not
receive
them
;
but
used
only
as
an
help
or
rule
of
unity
among
our selves
.
Si
quis
diversum
dixerit
,
If
any
of
our
own
shall
speak
,
or
preach
,
or
write
against
them
,
we
question
him
.
But
si
quis
diversum
senserit
,
if
any
man
shall
onely
think
otherwise
in
his
private
opinion
,
and
trouble
not
the
peace
of
the
Church
,
we
question
him
not
.
We
presume
not
to
censure
others
to
be
out
of
the
pale
of
the
Church
,
but
leave
them
to
stand
or
fall
to
their
own
Master
.
We
damne
none
for
dissenting
from
us
,
we
do
not
separate
our selves
from
other
Churches
,
unlesse
they
chase
us
away
with
their
censures
,
but
onely
from
their
errours
:
For
clear
manifestation
whereof
,
observe
the
thirtieth
Canon
of
our
Church
,
It
was
so
far
from
the
purpose
of
the
Church
of
England
to
forsake
and
reject
the
Churches
of
Italy
,
France
,
Spain
,
Germany
,
or
any
such
like
Churches
in
all
things
which
they
held
and
practised
,
&c.
that
it
only
departed
from
them
in
those
particular
points
wherein
they
were
fallen
both
from
themselves
in
their
a●cient
integrity
,
and
from
the
Apostolical
Churches
,
which
were
their
first
founders
.
So
moderate
are
we
towards
all
Christians
,
whether
forreigners
or
domesticks
,
whether
whole
Churches
or
single
persons
.
But
because
the
Roman
Catholicks
do
lay
hold
upon
this
charitable
assertion
of
ours
,
as
tending
mainly
to
their
advantage
:
Behold
(
say
they
)
Protestants
do
acknowledge
a
possibility
of
salvation
in
the
Roman
Church
;
But
Roman
Catholicks
deny
all
possibility
of
Salvation
in
the
Protestant
Churches
;
Therefore
the
Religion
of
Roman
Catholiques
is
much
safer
then
that
of
Protestants
.
Hence
proceeded
their
Treatise
of
charity
mistaken
,
and
sundry
other
discourses
of
that
nature
,
wherein
there
are
mistakes
enough
,
but
little
charity
.
For
answer
,
If
this
Objection
were
true
,
I
should
love
my
Religion
never
the
worse
.
Where
I
find
little
charity
,
I
look
for
as
little
faith
:
But
it
is
not
true
,
for
when
the
businesse
is
searched
to
the
bottom
,
they
acknowledge
the
same
possibility
of
salvation
to
us
,
which
we
do
to
them
,
that
is
,
to
such
of
either
Church
respectively
,
as
do
not
erre
wilfully
,
but
use
their
best
endeavours
to
find
out
the
truth
.
Take
two
testimonies
of
the
Bishop
of
Chalcedon
,
If
they
(
that
is
,
the
Protestants
)
grant
not
salvation
to
such
Papists
as
they
count
vincibly
ignorant
of
Roman
errours
,
but
onely
to
such
as
are
invincibly
ignorant
of
them
,
they
have
no
more
charity
then
we
;
for
we
grant
Church
,
saving
faith
,
and
salvation
to
such
Protestants
as
are
invincibly
ignorant
of
their
errours
.
And
in
his
book
of
the
distinction
of
fundamentals
,
and
not
fundamentals
,
he
hath
these
words
,
If
Protestants
allow
not
saving
faith
,
Church
,
and
salvation
to
such
as
sinfully
erre
in
not
fundamentals
sufficiently
pr●posed
,
they
shew
no
more
charity
to
erring
Christians
then
Catholicks
d●
;
for
we
allow
all
to
have
saving
faith
,
to
be
in
the
Church
,
in
way
of
salvation
,
(
for
so
much
as
belongeth
to
faith
,
)
who
hold
the
fundamental
points
,
and
invincibly
erre
in
not
fundamentals
,
because
neither
are
these
sufficiently
proposed
to
them
,
nor
they
in
fault
that
they
are
not
so
proposed
.
Secondly
,
as
our
separation
is
from
their
errours
,
not
from
their
Churches
:
so
we
do
it
with
as
much
inward
charity
and
moderation
of
our
affections
,
as
we
can
possibly
;
willingly
indeed
in
respect
of
their
errours
,
and
especially
their
tyrannical
exactions
and
usurpations
,
but
unwillingly
and
with
reluctation
in
respect
of
their
persons
,
and
much
more
in
respect
of
our
common
Saviour
.
As
if
we
were
to
depart
from
our
fathers
,
or
our
brothers
house
,
or
rather
from
some
contagious
sicknesse
wherewith
it
was
infected
.
Not
forgetting
to
pray
God
daily
to
restore
them
to
their
former
purity
,
that
they
and
we
may
once
again
enjoy
the
comfort
and
contentment
of
one
anothers
Christian
Society
.
We
pray
for
their
conversion
publickly
in
our
Letany
,
in
general
:
And
expressely
and
solemnly
upon
Good
Friday
,
though
we
know
that
they
do
as
solemnly
curse
us
the
day
before
.
If
this
be
to
be
Schismaticks
,
it
were
no
ill
wish
for
Christendome
that
there
were
many
more
such
Schismaticks
.
Thirdly
,
we
do
not
arrogate
to
our selves
either
a
new
Church
,
or
a
new
Religion
,
or
new
holy
orders
:
for
then
we
must
produce
new
miracles
,
new
revelations
,
and
new
cloven
tongues
for
our
justification
.
Our
Religion
is
the
same
it
was
,
our
Church
the
same
it
was
,
our
holy
orders
the
same
they
were
in
substance
,
differing
onely
from
what
they
were
formerly
,
as
a
garden
weeded
,
from
a
garden
unweeded
;
or
a
body
purged
,
from
it self
before
it
was
purged
.
And
therefore
as
we
presume
not
to
make
new
Articles
of
faith
,
much
lesse
to
obtrude
such
innovations
upon
others
;
so
we
are
not
willing
to
receive
them
from
others
,
or
to
mingle
Scholastical
opinions
with
fundamental
truths
.
Which
hath
given
occasion
to
some
to
call
our
Religion
a
negative
religion
;
Not
considering
that
our
positive
articles
are
those
general
truths
about
which
there
is
no
controversie
.
Our
negation
is
onely
of
humane
controverted
additions
.
Lastly
,
we
are
ready
in
the
preparation
of
our
mindes
to
believe
and
practise
,
whatsoever
the
Catholick
Church
(
even
of
this
present
age
)
doth
universally
and
unanimously
believe
and
practice
.
Quod
apud
multos
unum
invenitur
,
non
est
err●tum
,
sed
traditum
.
And
though
it
be
neither
lawful
nor
possible
for
us
to
hold
actual
communion
with
all
sorts
of
Christians
in
all
things
,
wherein
they
vary
both
from
the
truth
,
and
one
from
another
,
yet
even
in
those
things
we
hold
a
communion
with
them
in
our
desires
,
longing
for
their
conversion
and
re-union
with
us
in
truth
.
CHAP.
VII
.
That
all
Princes
and
Republiques
of
the
Roman
Communion
,
do
in
effect
the
same
thing
when
they
have
occasion
,
or
at
least
do
plead
for
it
.
SO
we
are
come
to
our
fifth
Conclusion
,
That
whatsoever
the
King
and
Church
of
England
did
in
the
separation
of
themselves
from
the
Court
of
Rome
,
it
is
no
more
then
all
Sovereign
Princes
and
Churches
(
none
of
whatsoever
communion
excepted
)
do
practise
or
pretend
as
often
as
they
have
occasion
.
And
first
,
for
all
Protestant
Kings
,
Princes
,
and
Republicks
,
it
admits
no
deniall
or
dispute
.
Secondly
,
for
the
Grecian
and
all
other
Eastern
Churches
,
it
can
be
no
more
doubted
of
then
of
the
Protestants
,
since
they
never
acknowledged
any
obedience
to
be
due
from
them
to
the
Bishop
of
Rome
,
but
onely
an
honourable
respect
,
as
to
the
prime
Patriarch
and
beginning
of
unity
.
Whose
farewell
or
separation
is
said
to
have
been
as
smart
as
ours
,
and
upon
the
same
grounds
in
these
words
,
We
acknowledge
thy
power
,
we
cannot
satisfie
thy
covetousnesse
,
live
by
your selves
.
But
my
aim
extends
higher
to
verifie
this
of
the
Roman
Catholick
Princes
and
Republicks
themselves
,
as
the
Emperour
,
the
most
Christian
and
Catholick
Kings
,
the
Republick
of
Venice
and
others
.
To
begin
with
the
Emperours
:
I
do
not
mean
those
ancient
Christian
Primitive
Emperours
who
lived
and
flourished
before
the
daies
of
Gregory
the
Great
.
Such
a
Court
of
Rome
as
we
made
our
secession
from
,
was
not
then
in
being
,
nor
the
Colledge
of
Parish
Priests
at
Rome
turned
then
into
a
Conclave
of
Cardinals
,
as
Ecclesiastical
Princes
of
the
Oecumenical
Church
.
So
long
there
was
no
need
of
any
separation
from
them
,
or
protestation
against
them
.
But
I
intend
the
later
Emperours
since
Gregorie's
time
,
after
the
Popes
sought
to
usurp
an
universal
Sovereignty
over
the
Catholick
Church
,
and
more
particularly
the
Occidental
,
that
is
to
say
,
the
French
and
German
Emperours
.
Yet
the
Reader
may
be
pleased
to
take
notice
,
First
,
they
believed
the
Roman
Bishop
to
be
their
lawful
Patriarch
,
(
whether
justly
or
not
,
is
not
the
subject
of
this
present
discourse
,
)
But
we
do
utterly
deny
his
Patriarchal
authority
over
us
;
And
to
demonstrate
our
exemption
,
do
produce
for
matter
of
right
that
famous
Canon
of
the
General
Councel
of
Ephesus
,
made
in
the
case
of
the
Cyprian
Bishops
;
and
for
matter
of
fact
,
the
unanimous
Votes
of
two
British
Synods
,
and
the
concurrent
testimonies
of
all
our
Historiographers
.
Some
have
been
formerly
cited
:
We
might
adde
to
them
the
ancient
British
history
,
called
by
the
Author
thereof
Brutus
,
wherein
he
relates
this
answer
of
the
British
to
Augustine
,
they
would
obey
the
Archbishop
of
Caerleon
,
(
that
was
their
British
Primate
,
or
Patriarch
,
)
but
they
would
not
obey
Austine
the
Bishop
of
Romes
Legate
:
Neither
would
the
Britanes
who
had
evermore
been
Christians
from
the
beginning
,
be
under
the
English
,
who
were
their
enemies
,
and
but
newly
converted
from
Paganis●e
,
by
whom
they
had
been
driven
out
of
their
ancient
habitations
.
The
same
history
is
related
by
sundry
other
very
ancient
Authours
.
A
second
difference
between
our
English
Kings
and
the
later
German
Emperours
is
this
,
that
our
Kings
by
the
fundamental
constitutions
of
the
Kingdome
are
hereditary
Kings
,
and
never
die
.
So
there
is
an
uninterrupted
succession
without
any
vacancy
.
But
the
Emperours
are
elective
,
and
consequently
not
invested
in
the
actual
possession
of
their
Sovereignty
without
some
publick
solemnities
.
Whereof
some
are
essential
,
as
the
votes
of
the
Electours
;
some
others
ceremonial
,
as
the
last
Coronation
of
the
Emperour
by
the
Bishop
of
Rome
,
which
was
really
,
and
is
yet
titularly
his
Imperial
City
.
But
the
Popes
who
had
learned
to
make
their
own
advantage
of
every
thing
,
sacred
or
civil
,
took
occasion
from
hence
to
make
the
world
believe
that
the
Imperial
Crown
was
their
gift
,
and
the
Emperours
their
Liegemen
.
So
Adrian
the
fourth
doubted
not
to
write
to
Frederick
Barbarossa
the
Emperour
,
Insigne
corona
beneficium
tibi
contulimus
;
the
whole
Empire
was
moved
at
it
,
the
ea●es
of
his
Imperial
Majestie
could
not
hear
it
with
patience
,
nor
the
Princes
endure
it
,
nor
they
themselves
either
durst
of
could
approve
it
.
Whereupon
the
Pope
was
forced
to
expound
himself
,
that
by
beneficium
,
he
meant
nothing
but
bonum
factum
,
a
good
deed
;
and
by
contulimus
,
nothing
but
i●●posu●mus
,
that
he
had
put
the
Crown
upon
him
.
So
the
Emperour
complaines
in
his
letter
to
the
Bishops
,
A
pictura
coepit
,
à
pictura
ad
Scripturam
processit
;
Scriptura
in
authoritatem
prodire
conatur
,
&c.
It
began
with
paiu●ing
,
from
painting
it
proceeded
to
writing
,
And
at
last
they
sought
to
justifie
it
by
authority
.
We
will
not
(
said
he
)
suffer
it
,
we
will
not
indure
it
,
we
will
rather
lay
down
our
Imperial
Crown
,
then
suffer
the
Empire
it self
to
be
deposed
,
with
our
consent
.
Let
the
pictures
be
defaced
,
let
the
writings
be
retracted
,
that
perpetual
monuments
of
enmity
between
the
S●●pter
and
the
Mi●er
may
continue
.
Thus
Pope
Adrian
failed
of
his
design
;
But
his
successour
Iohn
the
22.
renewed
the
Papal
claim
against
Ludovicus
the
fourth
,
in
higher
termes
,
as
appeareth
by
his
own
Bull
,
wherein
he
affirms
,
that
after
the
translation
of
the
Roman
Empire
from
the
Grecians
to
the
Germans
by
his
predecessours
the
Popes
,
summus
ille
honor
beneficium
Pontificis
Maximiesse
solet
:
the
Empire
used
to
be
the
Popes
gift
.
Adding
,
that
the
elections
of
the
German
Princes
were
invalid
,
unlesse
the
Pope
(
universi
orbis
Christiani
Pater
atque
Princeps
,
Dei
Optimi
Maximi
Legatus
suo
numine
faveat
&
aspiret
,
)
should
approve
it
.
And
finally
,
commanding
the
Emperour
to
quit
his
Crown
and
Imperial
dignity
,
and
not
to
reassume
them
but
by
his
command
,
nisi
jussu
&
mandato
nostro
.
But
the
Emperour
appealed
,
This
was
the
second
repulse
,
yet
the
Popes
were
not
so
easily
shaken
off
;
It
fortuned
about
the
year
1400
,
by
his
authority
,
authoritate
nostrâ
suffulti
.
And
confirmes
the
said
deprivation
as
good
and
lawful
.
This
incertainty
of
succession
,
and
this
Papal
pretension
made
sundry
Emperours
more
fearful
to
grapple
with
the
Popes
,
or
to
right
themselves
from
their
grievous
exactions
and
usurpations
.
In
the
year
1455.
after
the
death
of
Nicholas
the
fifth
,
the
Germans
bewailed
their
condition
to
Frederick
the
third
,
like
that
of
the
French
Kings
for
the
priviledges
of
the
Gallicane
Church
.
They
shewed
that
their
condition
was
much
worse
then
the
French
and
Italians
.
whose
servants
(
especially
the
Italians
)
without
a
change
they
were
deservedly
called
.
Rogabant
,
urgebant
Proceres
,
populique
Germaniae
gravissimis
tum
rationibus
tum
exemplis
,
goes
further
,
His
rationibus
victus
&
permotus
Imperator
,
&c.
The
Emperour
being
overcome
and
moved
with
these
reasons
,
was
about
to
make
as
full
a
Sanction
for
his
Subjects
,
as
the
King
of
France
had
done
for
his
.
What
hindered
him
?
Onely
the
advice
of
Aeneas
Sylvius
,
who
perswaded
him
rather
to
comply
with
the
Pope
,
then
with
his
people
,
upon
this
ground
,
that
Princes
disagreeing
might
be
reconciled
,
but
between
a
Prince
and
his
people
,
the
enmity
was
immortal
.
Motus
hac
ratione
Imperator
,
to
be
crowned
King
of
the
Romans
,
but
also
took
him
to
be
his
companion
in
the
Empire
,
ne
post
obitum
suum
(
ut
factum
fuisset
)
transfereretur
imperium
in
aliam
familiam
:
Yet
notwithstanding
these
barres
or
remora's
,
the
uncertainty
of
succession
,
and
Papal
pretensions
,
the
Emperours
have
done
as
much
in
relation
to
the
Court
of
Rome
,
as
the
Kings
of
England
.
First
,
Henry
the
eighth
within
his
own
Dominions
did
exercise
a
power
of
convocating
Ecclesiasticall
Synods
,
confirming
Synods
,
reforming
the
Church
by
Synods
,
and
suppressing
upstart
innovations
by
ancient
Canons
.
The
Emperours
have
done
the
same
;
Apud
Goldastum
.
part.
1.
pag.
3.
Charles
the
Great
called
the
Councel
of
Franckford
,
consisting
of
300.
Bishops
:
Witnesse
his
own
letter
to
Elipandus
.
Iussimus
Sanctorum
Patrum
Synodale
ex
omnibus
undique
nostrae
ditionis
Ecclesits
congregari
Concilium
.
We
have
commanded
a
Synodical
Councel
to
be
congregated
out
of
all
the
Churches
within
Our
Dominions
.
Neither
did
he
onely
convocate
it
,
but
confirm
it
also
.
Ecce
ego
vestris
petitionibus
satisfaciens
,
congregationi
Sacerdotum
auditor
&
arbiter
adsedi
.
Discernimus
&
Deo
donante
decrevimus
quid
esset
de
hac
inquisitione
firmiter
tenendum
.
Behold
,
I
satisfying
your
requests
(
that
is
,
of
the
Elipandians
and
Foelicians
who
made
Christ
but
an
adoptive
son
of
God
,
)
did
sit
in
the
Councel
both
as
an
hearer
,
and
as
a
Iudge
.
We
determine
and
by
the
gift
of
God
have
decreed
what
is
to
be
held
in
this
inquiry
.
And
it
is
very
observable
how
he
disposed
the
resolutions
of
this
Councel
into
four
Books
;
The
first
book
contained
the
sense
of
the
Roman
Bishop
and
his
Suffragans
;
Neither
did
they
onely
convocate
Councels
,
By
the
counsel
of
our
Bishops
and
Nobles
we
have
ordained
Bishops
throughout
the
Cities
,
and
do
decree
to
assemble
a
Synod
every
year
,
that
in
our
presence
the
Canenical
decrees
and
lawes
of
the
Church
may
be
restored
.
Ludovicus
Pius
convocated
a
Councel
at
Aquisgrane
to
reform
the
abuses
of
the
Clergy
,
and
confirmed
the
same
,
and
commanded
the
constitutions
thereof
to
be
put
in
execution
,
Salzburge
.
Otho
the
first
called
a
Councel
at
Rome
,
and
caused
Iohn
the
12th
.
to
be
deposed
,
and
Leo
the
eighth
to
be
chosen
in
his
place
.
The
sentence
of
the
Councel
was
,
Petimus
magnitudinem
Imperii
vestri
,
be
thrust
out
of
the
Roman
Church
.
And
the
Emperour
confirmed
it
with
a
placet
,
we
are
pleased
.
Henry
the
fourth
called
a
German
Synod
at
Wormes
,
And
another
of
Germans
and
Italians
at
Brixia
,
wherein
sentence
of
deprivation
was
given
against
Gregorie
the
seventh
,
and
confirmed
by
the
Emperour
.
Quorum
sententiae
quòd
justa
&
probabilis
coram
Deo
hominibúsque
So
Frederick
the
first
called
a
Councel
at
Papia
,
to
settle
the
right
succession
of
the
Papacy
,
wherein
Roland
the
Cardinal
was
rejected
,
and
Victor
declared
lawful
Bishop
of
Rome
.
And
all
this
was
done
with
due
submission
to
the
Emperour
.
Christianissimus
Imperator
,
&c.
The
most
Christian
Emperour
in
the
last
place
after
all
the
Bishops
and
Clergy
,
by
the
advice
and
upon
the
petition
of
the
Councel
,
received
and
approved
the
election
of
Victor
.
I
will
conclude
this
first
part
of
the
parallel
with
the
words
of
the
same
Emperour
,
in
the
same
Councel
,
Quamvis
noverim
officio
ac
dignitate
Imperii
penes
nos
esse
potestatem
congregandorum
Conciliorum
,
&c.
Although
I
know
that
by
vertue
of
our
office
and
Imperial
dignity
,
the
power
of
calling
Councels
rests
in
us
,
that
is
,
to
the
Bishops
there
assembled
.
But
it
may
be
objected
,
Secondly
,
I
answer
,
That
there
was
a
great
necessity
of
Reformation
both
in
Germany
and
England
.
For
proof
whereof
,
I
produce
two
witnesses
beyond
exception
,
the
one
a
Pope
,
the
other
a
Cardinal
.
The
former
is
Adrian
the
sixth
,
in
his
instructions
to
his
Legate
,
in
the
year
1522.
which
the
Princes
of
the
Empire
take
notice
of
in
their
auswer
.
His
words
are
these
,
Scimus
in
hac
Sancta
sede
aliquot
jam
annis
multa
abhominanda
fuisse
,
&c.
We
know
that
for
some
by-past
yeares
many
things
to
be
abominated
have
been
in
this
holy
See
,
abuses
in
spiritual
matters
,
excesses
in
commands
;
and
to
conclude
,
all
things
out
of
order
,
&c.
wherein
for
so
much
as
concerns
us
,
thou
shalt
promise
that
we
will
use
all
our
endeavour
,
that
first
this
Court
from
whence
peradventure
(
sure
enough
)
all
the
evil
did
spring
,
may
be
reformed
,
that
as
corruption
did
flow
from
thence
to
the
inferiour
parts
(
of
the
Church
)
,
so
may
health
and
Reformation
.
To
procure
which
,
we
do
hold
our selves
so
much
more
strictly
obliged
,
by
how
much
we
do
see
the
whole
world
greedily
desire
such
a
Reformation
.
O
Adriane
,
si
nunc
viveres
.
The
other
witnesse
is
Cardinal
Pool
,
who
makes
two
main
ends
of
the
Councel
of
Trent
:
The
one
,
the
reconciling
of
the
Lutherans
;
The
other
,
quo
pacto
ipsius
Ecclesiae
praecipua
,
vel
potiùs
omnia
ferè
membra
,
ad
veterem
disciplinam
&
instituta
,
à
quibus
non
parùm
declinârunt
,
revocentur
.
To
consider
how
the
principal
members
of
the
Church
,
or
rather
almost
all
the
members
,
might
be
reduced
to
their
ancient
discipline
and
Ordinances
,
from
which
they
had
swerved
much
.
Yet
when
himself
was
sent
afterwards
by
Paul
the
fourth
to
reform
the
Church
of
England
,
The
Pop●
is
the
Lord
of
all
benefices
,
and
therefore
cannot
be
a
Simoniack
,
from
which
as
from
the
Trojan
horse
so
many
abuses
and
so
grievous
diseases
had
broken
into
the
Church
of
God
,
and
brought
it
to
a
desperate
condition
,
to
the
derision
of
Christian
Religion
,
and
blaspheming
of
the
Name
of
Christ
:
And
that
the
cure
must
begin
there
,
from
whence
the
disease
did
spring
,
by
taking
away
all
abuses
in
dispensations
of
all
kinds
,
and
ordinations
,
and
collations
,
and
provisions
,
and
pensions
▪
and
permutations
,
and
reservatitions
,
and
coadjutorships
,
and
expectative
graces
,
and
unions
,
and
non-residence
,
and
exemptions
,
and
absolutions
,
and
all
such
pecuniary
artifices
:
because
it
is
not
lawful
by
any
means
to
reap
any
gain
from
the
exercise
of
the
power
of
the
Keyes
.
Tollantur
(
say
they
)
hae
maculae
,
&c.
Let
these
spots
be
taken
away
,
to
which
if
any
entrance
be
given
in
any
Common-wealth
or
Kingdom
whatsoever
,
it
must
needs
fall
headlong
instantly
or
very
shortly
to
ruine
.
Thirdly
,
I
answer
,
that
the
Emperours
and
the
German
Church
did
not
onely
desire
a
reformation
,
Maximo
deside●io
jamdudum
tenebamur
,
&c.
We
have
long
desired
greatly
to
see
the
onely
Spouse
of
Christ
the
Catholick
Church
happily
reformed
in
our
daies
,
but
after
we
were
assumed
to
the
Imperial
Government
,
our
desire
passed
into
command
,
&c.
And
the
advises
of
Constance
conceived
by
the
Deputies
of
the
German
Nation
in
that
Councel
,
against
some
special
abuses
of
the
Pope
and
his
Cardinals
:
And
by
the
advises
of
Ments
made
and
concluded
in
that
City
by
the
States
of
the
Empire
,
hundred
Grievances
of
the
German
Nation
proposed
to
the
Popes
Legate
by
the
Princes
and
Lords
of
the
Roman
Empire
,
against
the
injuries
,
extortions
,
and
usurpations
of
the
See
of
Rome
,
and
the
incroachments
and
oppressions
of
Ecclesiastical
Courts
,
and
persons
:
And
lastly
,
by
the
gracious
promise
of
Charles
the
fifth
to
hold
a
Dyett
within
half
a
year
,
wherein
it
should
be
resolved
,
what
way
the
differences
in
Religion
should
be
settled
and
quieted
,
Neither
did
the
Emperour
and
the
German
Nation
onely
indeavour
to
reform
,
but
they
did
in
some
measure
actually
reform
the
excesses
of
the
Roman
Court
,
and
other
Ecclesiastical
abuses
and
innovations
;
as
it
hath
already
been
verified
of
Charles
the
Great
,
Ludovicus
Pius
.
This
appeareth
yet
more
plainly
by
the
concordates
(
as
they
are
stiled
)
of
the
German
Nation
with
Gregory
the
13th
:
And
the
agreements
of
Frederick
the
third
and
the
Princes
of
the
Empire
with
Pope
Nicholas
the
fifth
,
whereby
the
excesses
and
abuses
of
the
Roman
Court
are
something
abated
,
and
reduced
:
I
cannot
here
omit
a
witty
answer
of
this
Emperour
,
as
he
was
deliberating
with
some
Ecclesiastical
persons
about
a
Reformation
,
and
one
said
it
must
begin
with
the
Minimes
.
This
appeares
also
by
the
Interim
,
or
declaration
of
Religion
made
by
Charles
the
fifth
,
attested
with
his
Imperial
seal
,
and
accepted
and
approved
by
the
States
of
the
Empire
,
assembled
in
a
Dyett
at
Ausburge
,
May
15.
And
whereas
in
the
aforesaid
declaration
,
under
the
rubrick
of
ceremonies
and
the
use
of
the
Sacraments
,
among
other
things
it
is
said
,
[
into
the
which
neverthelesse
if
any
thing
have
crept
that
may
administer
occasion
of
superstition
,
let
it
be
taken
away
.
]
His
Imperial
Majestie
doth
reserve
unto
himself
alone
in
this
and
the
like
Articles
,
where
and
as
often
as
it
shall
be
needful
,
now
and
hereafter
,
the
right
to
correct
,
to
adde
,
to
detract
,
as
it
shall
seem
just
and
equal
to
himself
,
according
to
the
present
exigence
of
affaires
.
Lastly
,
Secondly
,
the
Kings
of
England
in
their
great
Councels
did
make
themselves
the
last
Judges
of
the
liberties
and
grievances
and
necessities
of
their
people
,
even
in
cases
Ecclesiastical
,
not
the
Pope
.
They
had
reason
.
In
vain
is
the
Court
of
Romes
determination
expected
against
it self
.
The
Emperours
did
the
same
.
We
declare
that
the
Imperial
dignity
is
immediately
from
God
alone
;
And
that
election
gives
a
sufficient
title
,
And
that
the
Popes
approbation
or
disapprobation
signifies
nothing
.
The
Pope
attempted
to
divide
Italy
from
the
German
Empire
,
by
his
fulnesse
of
power
.
The
Emperour
declares
the
Act
to
be
invalid
,
and
of
no
moment
.
When
the
Princes
and
States
of
the
Empire
had
presented
the
hundred
grievances
of
the
German
Nation
to
the
Popes
Legate
,
they
adde
this
conclusion
:
Quod
si
enumerat●
onera
atque
gravamina
,
&c.
But
if
the
abovesaid
burthens
and
grievances
be
not
removed
within
the
time
limited
or
sooner
from
the
eyes
of
men
,
and
abolished
and
abrogated
,
(
which
the
Lay-States
of
the
Empire
do
not
expect
,
)
then
they
would
not
have
his
Holinesse
to
be
ignorant
,
that
they
neither
can
nor
will
bear
or
indure
the
aforesaid
most
pressing
and
intolerable
burthens
any
longer
,
but
find
out
other
means
of
ease
,
and
vindicate
their
former
liberties
and
immunities
.
As
the
sense
of
their
sufferings
was
their
own
,
so
they
would
have
the
remedy
to
be
their
own
,
and
not
leave
the
cure
to
a
tyrannical
Court
.
To
this
adde
the
Protestation
and
the
Oath
of
the
Electoral
Colledge
and
the
other
Princes
of
the
Empire
,
mentioned
in
their
letter
to
Benedict
the
12th
.
Quod
jura
,
honores
,
bona
,
libertates
,
&
consuetudines
Imperii
,
&c.
That
they
would
maintain
,
defend
and
preserve
inviolated
,
with
all
their
power
and
might
,
the
rights
,
honours
,
goods
,
liberties
,
and
customes
of
the
Empire
,
and
their
own
Electoral
right
belonging
to
them
by
law
or
custome
,
against
all
men
,
of
what
preheminence
,
dignity
,
or
state
soever
,
(
that
is
to
say
in
plain
termes
,
against
the
Pope
and
his
Court
,
)
notwithstanding
any
perils
or
mandates
,
or
processes
whatsoever
,
that
is
,
notwithstanding
any
citations
,
or
bulls
,
or
excommunications
,
or
interdictions
from
Rome
.
Take
but
one
instance
more
:
Ferdinand
the
present
Emperour
out
of
an
unavoidable
necessity
,
to
extinguish
the
flame
of
a
bloody
intestine
war
,
and
to
save
the
Empire
from
utter
ruine
,
contracts
a
peace
with
the
King
of
France
,
the
Swedes
,
and
their
adherents
,
whereby
sundry
Bishopricks
and
other
Ecclesiastical
dignities
were
conferred
upon
Protestants
,
lands
and
other
hereditaments
of
great
value
were
alienated
from
the
Church
in
perpetuity
,
free
exercise
of
their
Religion
was
granted
to
those
of
the
Augustan
Confession
,
Annates
,
confirmations
,
and
other
pretended
Papal
rights
were
abolished
.
The
Popes
extraordinary
Nuncio
protested
against
it
:
And
Pope
Innocent
himself
by
his
Bull
bearing
date
Novemb.
26.
in
the
year
1651
,
the
contract
to
be
void
,
annulled
it
,
and
condemned
it
as
injurious
and
prejudicaial
to
the
Orth●dox
Religion
,
to
the
See
of
Rome
,
and
to
the
rights
of
Holy
Church
,
notwithstanding
the
municipal
Lawes
and
immemorial
customes
of
the
Empire
,
and
notwithstanding
any
Oathes
taken
for
the
observation
thereof
.
Yet
the
Emperour
and
the
Princes
of
Germany
stand
to
their
contracts
,
assert
the
municipal
lawes
and
customes
of
the
Empire
;
And
assume
unto
themselves
to
be
the
onely
Judges
of
their
own
priviledges
and
necessities
.
Thirdly
,
Henry
the
eighth
challenged
to
himself
the
patronage
of
Bishopricks
,
and
investitures
of
Bishops
,
within
his
own
Dominions
.
The
Emperours
did
more
:
Adrian
the
fourth
taxed
Frederick
the
first
for
requiring
homage
and
fealty
of
Bishops
,
and
that
he
held
their
consecrated
hands
in
his
hands
.
The
Emperour
denyed
it
not
,
but
justified
it
,
Ab
his
qui
regalia
nostra
tenent
,
cur
homagium
&
regalia
Sacramenta
non
exigamus
?
why
may
we
not
require
homage
and
Oathes
of
Allegiance
from
them
who
hold
their
Lands
of
our
Imperial
Crown
?
The
Ecclesiastical
Lords
in
their
letter
to
Innocent
the
third
do
acknowledge
,
that
the
fees
which
they
held
from
the
Empire
,
they
had
received
at
the
hands
of
Otho
the
fourth
,
and
had
done
him
homage
and
sworn
fealty
to
him
.
And
this
before
his
Imperiall
Coronation
at
Rome
.
Henry
the
fifth
goes
yet
further
,
and
accuseth
Pope
Paschal
,
that
without
any
hearing
he
sought
to
take
away
from
the
Empire
the
investitures
of
Bishops
which
the
Emperours
his
predecessours
had
enjoyed
from
the
time
of
Charlemain
by
the
space
of
400
yeares
and
upwards
:
Fourthly
,
the
Kings
of
England
suffered
no
appeales
to
Rome
out
of
their
Kingdoms
,
nor
Roman
Legates
to
enter
into
their
Dominions
,
without
their
License
.
No
more
did
the
Emperours
,
though
they
acknowledge
the
Roman
Bishop
to
be
their
Patriarch
,
which
we
do
not
.
Hadrian
the
fourth
complained
of
Frederick
the
first
,
he
shut
both
the
Churches
and
the
Cities
of
his
Kingdom
against
the
Popes
Legates
à
latere
.
he
had
made
an
edict
,
that
no
man
out
of
his
Kingdome
should
have
recourse
to
the
Apostolique
See
.
To
the
former
part
of
the
charge
the
Emperour
answers
,
Cardinalibus
vestris
clausae
sunt
Ecclesiae
,
&
non
patent
civitates
,
quia
non
videmus
eo●
praedicatores
,
sed
praedatores
;
non
pacis
corroboratores
,
sed
pecuniae
raptores
;
non
orbis
reparatores
,
sed
auri
insatiabiles
corrasores
:
Our
Churches
and
Cities
are
shut
to
your
Cardinals
,
because
we
do
not
see
them
Preachers
,
but
robbers
;
not
confirmers
of
peace
,
but
extorting
catchers
of
money
;
not
repairers
of
the
world
,
but
insatiable
scrapers
together
of
gold
:
Thus
much
he
writ
to
the
Pope
himself
.
To
the
second
part
of
the
charge
he
answers
,
That
he
had
not
shut
up
the
entrance
into
Italy
,
or
the
passage
out
of
Italy
by
edict
,
nor
would
shut
it
up
to
travellers
,
or
such
as
had
necessary
occasions
,
and
the
testimony
of
their
Bishops
for
their
voyage
to
the
Sea
of
Rome
,
but
he
intended
to
remedy
those
abuses
,
by
which
all
the
Churches
of
his
Kingdome
were
burthened
and
impoverished
.
Fifthly
,
as
erroneous
,
detestable
,
void
and
pestilent
,
and
subjected
all
those
who
should
use
them
after
two
moneths
to
execration
,
ipso
facto
,
of
what
condition
soever
they
were
,
Emperours
,
Kings
or
Bishops
.
Yet
long
after
this
Charles
the
fifth
appealed
from
Clement
the
seventh
to
a
Generall
Councel
;
them
all
that
should
assent
to
the
Popes
Bull
to
be
guilty
of
treason
,
and
to
have
forfeited
all
their
fees
which
they
held
of
the
Empire
;
because
the
sentence
of
a
Pope
contrary
to
God
,
or
to
holy
Scripture
,
or
to
that
due
obedience
which
a
Subject
owes
to
his
Prince
,
is
of
no
moment
or
validity
:
And
such
the
Princes
and
Peeres
of
the
Empire
did
unanimously
declare
the
Popes
Bull
to
be
,
contra
Deum
,
&
justitiam
,
&
juris
ordinem
,
contrary
to
God
,
contrary
to
holy
Scripture
,
and
contrary
to
due
order
of
Law
.
Sixthly
,
the
Pope
shall
receive
nothing
either
before
or
after
for
confirmations
,
elections
,
admissions
,
should
incurre
the
punishment
due
to
a
Simoniacal
person
.
By
the
Concordates
or
accord
made
between
the
Emperour
and
Princes
of
Germany
,
and
Nicholas
the
fifth
,
the
Annates
are
in
part
remitted
or
taken
away
.
The
Estates
of
the
Empire
assembled
at
Nurenberge
represented
to
Adrian
the
sixth
,
that
Annates
were
given
for
maintenance
of
the
war
against
the
Turks
,
The
Princes
added
further
,
That
they
were
but
granted
for
a
certain
term
,
which
was
effluxed
.
The
hundred
Grievances
rest
not
here
,
but
say
moreover
,
that
they
were
but
deposited
at
Rome
,
to
be
preserved
faithfully
for
that
use
.
And
lastly
,
Charles
the
fifth
in
his
Rescript
tells
the
Pope
,
That
other
Kings
do
not
suffer
the
spoyles
of
the
Churches
and
Annates
to
be
transported
out
of
their
Kingdoms
to
Rome
,
so
universally
,
and
so
abundantly
.
Seventhly
,
to
draw
to
a
conclusion
,
I
swear
that
from
henceforth
I
will
be
faithful
to
my
Liege
Lord
,
Frederick
the
Emperour
of
the
Romans
against
all
men
(
the
Pope
is
included
,
or
rather
intended
principally
)
as
by
Law
I
am
bound
,
And
I
will
help
him
to
retain
his
Imperiall
Crown
,
and
all
his
honour
in
Italy
,
&c.
Henry
the
eighth
took
away
Popish
pardons
,
meer
impostures
,
by
which
the
very
marrow
of
Germa●y
was
sucked
up
,
their
ancient
liberty
was
enervated
,
and
the
merit
of
Christs
passion
became
sleighted
.
Lastly
,
Henry
the
eighth
abolished
the
usurped
jurisdiction
of
the
Bishop
of
Rome
,
within
his
Dominions
.
Frederick
the
third
in
the
Dyet
of
Nurenburg
sequestred
all
the
moneys
that
should
be
raised
in
three
years
from
Indulgences
and
absolutions
,
whether
Papal
or
Conciliary
,
towards
the
raising
of
twenty
thousand
men
for
defence
of
the
Empire
against
the
Turk
.
The
resolution
of
the
Elect
Arch-Bishop
of
Trevers
against
Gregory
the
7th
.
was
this
,
Ne
plus
per
hunc
Sancta
,
quae
modo
extremum
tra●it
spiritum
,
periclit●tur
Ecclesia
,
ex
me
dic●
,
quod
nullam
ei
posthac
obedientiam
servabo
,
(
that
is
,
Pope
Hildebrand
)
.
Neither
was
this
his
resolution
alone
.
All
the
German
Bishops
were
of
the
same
mind
:
Because
thy
entrance
into
the
Papacy
was
begun
with
so
great
perjuries
;
And
the
Church
of
God
is
brought
into
such
a
grievous
storm
through
the
abuse
of
thy
innovations
,
and
thy
life
and
conversation
is
soiled
with
so
manifold
infamy
:
As
we
promised
thee
no
obedience
,
Peter
.
Which
sentence
was
confirmed
by
the
Emperour
:
Ego
Henricus
Rex
cum
omnibus
Episcopis
meis
tibi
dico
,
Dese●nde
,
descende
.
The
first
Councel
of
Pisa
did
not
onely
substract
their
obedience
from
Peter
de
Luna
,
calling
himself
Benedict
the
13th
.
and
Angelus
de
Gorario
calling
himself
Gregory
the
12th
.
But
they
decreed
that
it
was
lawful
for
all
Christians
,
and
accordingly
did
command
them
to
substract
their
obedience
from
them
.
Of
which
Councel
the
Councel
of
Constance
was
a
continuation
.
I
will
conclude
this
first
part
of
my
parallell
concerning
the
Empire
with
two
answers
of
German
Bishops
.
The
first
of
the
German
and
French
to
Anastasius
the
second
,
wherein
they
tell
him
plainly
,
that
they
did
not
understand
that
new
compassion
,
which
the
Italian
Physicians
used
to
cure
the
infirmities
of
France
.
They
●axe
them
for
seeking
to
restrain
the
absolution
of
souls
to
Rome
.
They
require
that
Italian
Bishop
that
is
without
sin
to
cast
the
first
stone
at
them
;
They
advise
them
not
to
use
their
pretended
authority
against
their
Bishops
,
lest
the
blow
should
recoile
upon
themselves
,
for
that
theirs
had
not
learned
to
fear
above
that
which
was
needfull
:
they
tell
them
that
surely
they
in
Italy
,
think
that
the
Galles
had
lost
all
these
three
,
Verbum
,
ferrum
,
&
ingenium
,
their
tongues
,
their
wits
,
and
their
weapons
.
And
so
they
conclude
,
The
other
answer
was
of
the
Archbishops
of
Colone
and
Triers
,
with
the
Synod
of
Coloegne
to
Nicholas
the
first
.
Wherein
after
many
bitter
expressions
they
have
these
words
,
His
de
causis
nos
cum
fratribus
nostris
&
collegis
,
neque
edictis
tuis
stamus
,
neque
vocem
tuam
agnoscimus
,
nequo
tuas
bullas
tonitruaque
tua
timemus
.
For
these
reasons
we
with
our
brethren
and
collegues
,
do
neither
give
place
to
thy
edicts
,
nor
acknowledge
thy
voyce
,
nor
fear
thy
thundring
bulles
.
I
expect
that
some
will
be
ready
to
object
,
that
these
substractions
were
but
personal
,
from
the
present
Pope
,
not
from
the
See
of
Rome
,
which
is
true
in
part
.
But
the
same
equity
and
rule
of
justice
which
warrants
a
separation
from
the
person
of
the
Pope
,
for
personal
faults
,
doth
also
justifie
a
more
durable
separation
from
the
See
of
Rome
,
that
is
from
him
and
his
Successours
,
for
faulty
rules
and
principles
,
either
in
doctrine
or
discipline
,
untill
they
be
reformed
.
From
Germany
our
passe
is
open
into
France
.
Hincmare
had
been
condemned
by
three
French
Synods
for
a
turbulent
person
,
and
deposed
.
Pope
Adrian
the
second
takes
Cognisance
of
the
cause
at
Rome
,
and
requires
Carolus
Calvus
the
King
of
France
to
send
Hincmare
thither
with
his
accusers
,
to
receive
justice
.
The
Kings
apologetick
answer
will
shew
how
he
relished
it
.
Valde
mirati
sumus
ubi
hoc
dictator
Epistolae
scriptum
invenerit
,
esse
Apostolica
authoritate
praecipiendum
,
We
wondered
much
where
he
who
dictated
the
Popes
Letter
hath
found
it
written
,
as
commanded
by●
Apostolical
authority
,
that
a
King
who
is
the
Corrector
of
the
unjust
,
the
punisher
of
guilty
persons
,
and
according
to
all
Lawes
Ecclesiastical
and
Civill
the
revenger
of
crimes
,
should
send
a
guilty
person
,
legally
and
regularly
condemned
for
his
excesses
,
to
Rome
.
He
tells
him
,
that
the
Kings
of
France
were
reputed
terrarum
Domini
,
not
Episcoporum
Vice-Domini
,
or
Villici
;
Lords
paramount
within
their
Dominions
,
not
Licutenants
or
Bayliffes
of
Bishops
.
Quis
igitur
hanc
inversam
legem
infernus
evomuit
?
quis
tartarus
de
suis
abditis
&
tenebrosis
cuniculis
eructavit
?
What
hell
hath
disgorged
this
disorderly
law
?
what
bottomlesse
depth
hath
belched
it
up
out
of
its
hidden
and
obscure
holes
?
The
Kings
of
France
have
convented
the
Popes
before
them
;
So
Charles
the
Great
dealt
with
Leo
the
third
,
and
Lotharius
with
Leo
the
fourth
.
The
Kings
of
France
have
appealed
from
Popes
to
Councels
:
So
Philip
the
4th
.
with
the
advise
of
all
the
orders
of
France
and
the
whole
Gallicane
Church
,
appealed
from
Boniface
the
eighth
,
and
commanded
his
appeal
to
be
published
in
the
great
Church
at
Paris
.
So
Henry
the
great
appealed
from
Gregory
the
14th
.
and
caused
his
appeal
to
be
affixed
▪
to
the
gates
of
Saint
Peters
Church
in
Rome
.
So
the
School
of
Sorbone
appealed
from
Boniface
the
eight
,
Benedict
the
eleventh
,
Pius
the
second
,
and
Leo
the
tenth
.
The
Kings
of
France
have
protested
against
the
Popes
decrees
and
sleighted
them
,
yea
,
in
the
very
face
of
the
Councel
of
Trent
.
Witnesse
that
protestation
of
the
Ambassadour
of
France
,
made
in
the
Councel
in
the
name
of
the
King
his
Master
.
We
refuse
to
be
subject
to
the
commands
and
disposition
of
Pius
the
fourth
,
This
was
high
and
smart
for
the
King
and
the
Gallicane
Church
,
so
publickly
to
reject
,
refuse
and
contemn
all
Papal
decrees
,
and
to
challenge
such
an
interest
in
,
and
power
over
the
French
Archbishops
and
Bishops
,
as
not
onely
to
license
them
,
but
to
command
them
to
depart
and
leave
the
Councel
,
whither
they
were
summoned
by
the
Pope
.
The
French
Kings
have
made
Lawes
and
constitutions
from
time
to
time
to
repress
the
insolencies
and
exorbitances
of
the
Papal
Court
,
so
often
as
they
began
to
prejudice
the
liberties
of
the
Gallicane
Church
,
with
the
unanimous
consent
of
their
Princes
,
Nobles
,
Clergy
,
Lawyers
,
and
Commons
.
Aeneas
Sylvius
,
then
Pius
the
second
,
did
revoke
this
Sanction
.
But
the
Kings
Proctour
,
and
the
Rectour
of
the
University
of
Paris
did
oppose
themselves
formally
to
the
Registring
and
Authorizing
of
this
revocation
.
Whereupon
the
King
desired
the
advise
of
his
Parliament
in
writing
,
which
they
gave
to
this
effect
,
That
the
revocation
of
that
Sanction
tended
to
the
confusio●
of
the
whole
Ecclesiastical
order
,
the
depopulation
of
France
,
the
exhausting
and
impoverishment
of
the
Kingdom
,
and
the
total
ruine
of
the
French
Church
.
Hereupon
the
King
changed
his
mind
,
and
made
diverse
declarations
and
edicts
conformable
to
,
But
the
Pope
stormed
,
and
thundered
,
and
excommunicated
,
and
interdicted
Lewis
the
12th
.
Francis
the
first
,
and
the
whole
Realm
,
and
exposed
it
as
a
prey
to
the
first
that
could
take
it
;
And
gave
plenary
Indulgence
to
every
one
that
should
kill
a
Frenchman
.
King
Francis
fainted
under
such
fulminations
,
and
came
to
a
composition
or
accommodation
with
Leo
the
tenth
,
which
was
called
conventa
,
or
the
concordate
:
On
the
one
side
the
Popes
friends
think
he
wronged
himself
and
his
title
to
a
spiritual
Sovereignty
very
much
,
by
descending
to
such
an
accommodation
.
And
exclude
France
out
of
the
number
of
those
Countries
which
they
term
pays
d'
obedience
.
As
if
the
French
were
not
loyal
obedient
Subjects
,
but
Rebels
to
the
Court
of
Rome
.
On
the
other
side
the
Prelates
▪
the
Universities
,
the
Parliaments
of
France
,
were
as
ill
contented
that
the
King
should
yeeld
one
inch
,
and
opposed
the
accord
:
Insomuch
,
as
the
University
of
Paris
appealed
from
it
to
a
future
Councel
,
and
expedited
Letters
Patents
sealed
with
the
Universities
Seal
,
I
cannot
here
omit
the
free
and
just
speech
of
a
French
Bishop
;
When
Henry
the
fourth
had
in
a
manner
ended
the
civill
Wars
of
France
,
by
changing
from
the
Protestant
to
the
Roman
Catholique
Communion
:
Yet
the
Pope
who
favoured
the
contrary
party
,
upon
pretence
of
his
dissimulation
,
and
great
dangers
that
might
ensue
thereupon
,
for
a
long
time
deferred
his
reconciliation
,
untill
the
French
Prelates
by
their
own
authority
did
first
admit
him
into
the
bosome
of
the
Church
.
At
which
time
one
of
them
used
this
discourse
,
Was
France
all
on
fire
,
and
had
they
not
Rivers
enough
at
home
,
but
they
must
run
as
far
as
Rome
,
to
Tybur
,
to
fetch
water
to
quench
it
?
Since
that
in
Cardinal
Richlieu's
daies
it
is
well
known
what
books
were
freely
printed
,
and
publickly
sold
upon
pont
neuf
,
of
the
lawfulnesse
of
erecting
a
new
,
or
rather
restoring
an
old
proper
Patriarchate
in
France
,
as
one
of
the
liberties
of
the
Gallicane
Church
.
It
was
well
for
the
Roman
Court
that
they
became
more
propitious
to
the
French
affaires
.
Take
one
instance
more
which
happened
very
lately
.
The
Pope
refused
to
admit
any
new
Bishops
in
Portugal
,
upon
the
nomination
of
the
present
King
,
because
he
would
not
thereby
seem
to
acknowledge
or
approve
his
title
to
the
Crown
,
in
prejudice
of
the
King
of
Spain
,
whereby
the
Episcopal
order
in
Portugal
and
the
other
Dominions
belonging
to
that
Crown
,
was
well
near
extinguished
,
and
scarcely
so
many
Bishops
were
left
alive
,
or
could
not
be
drawn
together
,
as
to
make
a
Canonical
Ordination
.
The
three
Orders
of
Portugal
did
represent
to
the
Pope
,
But
to
leave
matter
of
fact
,
and
to
come
to
the
fundamental
Lawes
and
Customes
of
France
.
Every
one
hath
heard
of
the
liberties
of
the
French
Church
,
but
every
one
understands
not
what
those
liberties
are
,
as
being
better
known
by
their
practice
at
home
,
1.
The
Pope
cannot
command
or
ordain
any
thing
directly
or
indirectly
concerning
any
temporal
affairs
,
within
the
dominions
of
the
King
of
France
.
2.
The
spiritual
authority
and
power
of
the
Pope
is
not
absolute
in
France
,
but
limited
and
restrained
by
the
Canons
and
Rules
of
the
ancient
Counc●ls
of
the
Church
,
received
in
that
Kingdom
.
Where
observe
first
,
that
the
Pope
can
do
nothing
in
France
as
a
Sovereign
Spiritual
Prince
,
with
his
non
obstantes
,
either
against
the
Canons
or
besides
the
Canons
.
Secondly
,
that
the
Canons
are
no
Canons
in
France
,
except
they
be
received
.
This
●ame
priviledge
was
anciently
radicated
in
the
fundamental
Lawes
of
England
.
This
priviledge
the
Popes
indeavoured
to
pluck
up
by
the
roots
.
And
the
contentions
about
this
priviledge
were
one
principal
occasion
of
the
separation
.
3.
No
command
whatsoever
of
the
Pope
can
free
the
French
Clergy
from
their
obligation
to
obey
the
commands
of
their
Sovereign
.
4.
The
most
Christian
King
hath
had
power
at
all
times
,
according
to
the
occurrence
and
exigence
of
affairs
,
to
assemble
or
cause
to
be
assembled
Synods
,
Provincial
or
National
,
and
therein
to
treat
not
onely
of
such
things
as
concern
the
conservation
of
the
Civil
estate
,
but
also
of
such
things
as
concern
Ecclesiastical
order
and
discipline
in
his
own
dominions
.
And
therein
to
make
Rules
,
Chapters
,
Lawes
,
Ordinances
,
and
pragmatique
sanctions
in
his
own
name
,
&
by
his
own
authority
.
Many
of
which
have
been
received
among
the
decrees
of
the
Catholick
Church
,
and
some
of
them
approved
by
general
Councels
.
5.
The
Pope
cannot
send
a
Legate
à
latere
into
France
,
with
power
to
reform
,
judge
,
collate
,
dispense
,
or
do
such
other
things
accustomed
to
be
specified
in
the
authoritative
Bull
of
his
Legation
,
except
it
be
upon
the
desire
,
or
with
the
approbation
of
the
most
Christian
King
.
Neither
can
the
said
Legate
execute
his
charge
untill
he
hath
promised
the
King
in
writing
,
under
his
oath
upon
his
holy
orders
,
not
to
make
use
of
his
Legantine
power
in
the
Kings
Dominions
longer
then
it
shall
please
the
King
.
And
that
so
soon
as
he
shall
be
admonished
of
the
Kings
pleasure
to
forbid
it
,
he
will
give
it
over
:
And
that
whilest
he
doth
use
it
,
it
shall
be
exercised
conformably
to
the
Kings
will
,
without
attempting
any
thing
to
the
prejudice
of
the
decrees
of
Generall
Councels
,
or
the
liberties
and
priviledges
of
the
Gallicane
Church
,
and
the
Universities
of
France
.
6.
The
Commissions
and
Bulls
of
the
Popes
Legates
are
to
be
seen
,
examined
,
and
approved
by
the
Court
of
Parliament
.
And
to
be
registred
and
published
with
such
Cautions
,
and
modifications
as
that
Court
shall
judge
expedient
for
the
good
of
the
Kingdome
,
and
to
▪
be
▪
executed
according
to
the
said
cautions
,
and
not
otherwise
.
7.
The
Prelates
of
the
French
Church
,
(
although
commanded
by
the
Pope
,
)
for
what
cause
soever
it
be
,
may
not
depart
out
of
the
Kingdom
,
without
the
Kings
Commandment
of
License
.
8.
The
Pope
can
neither
by
himself
nor
by
his
Delegates
judge
of
any
thing
which
concerneth
the
state
,
preheminence
,
or
priviledges
of
the
Crown
of
France
,
nor
of
any
thing
pertaining
to
it
:
Nor
can
there
be
any
question
or
processe
about
the
state
or
pretensions
of
the
King
,
but
in
his
own
Courts
.
9.
Papal
Bulls
,
Citations
,
Sentences
,
Excommunications
,
and
the
like
,
are
not
to
be
executed
in
France
without
the
Kings
Command
,
or
permission
:
And
after
permission
,
onely
by
authority
of
the
King
,
and
not
by
authority
of
the
Pope
,
to
shun
confusion
and
mixture
of
Jurisdictions
.
10.
Neither
the
King
nor
his
Realm
,
nor
his
Officers
can
be
excommunicated
or
interdicted
by
the
Pope
,
nor
his
Subjects
absolved
from
their
Oath
of
Allegiance
.
11.
The
Pope
cannot
impose
Pensions
in
France
upon
any
benefices
having
cure
of
soules
,
nor
upon
any
others
,
but
according
to
the
Canons
,
according
to
the
expresse
condition
of
the
resignation
,
or
ad
redimendum
vexationem
.
12
All
Bulls
and
Missives
which
come
from
Rome
to
France
are
to
be
seen
and
visited
,
to
try
if
there
be
nothing
in
them
prejudicial
in
any
manner
to
the
estate
and
liberties
of
the
Church
of
France
,
or
to
the
Royal
authority
.
13
It
is
lawful
to
appeal
from
the
Pope
to
a
future
Councel
.
14
Ecclesiastical
persons
may
be
convented
,
judged
,
and
sentenced
before
a
secular
Judge
for
the
first
grievous
or
enormious
crime
,
or
for
lesser
offences
after
a
relapse
,
which
renders
them
incorrigible
in
the
eye
of
the
Law
.
15.
All
the
Prelates
of
France
are
obliged
to
swear
fea●ty
to
the
King
,
and
to
receive
from
him
their
investitu●es
for
their
fees
and
manours
.
16.
The
Courts
of
Parliament
in
case
of
appeales
as
from
abuse
have
right
and
power
to
declare
null
,
void
,
and
to
revoke
the
Popes
Bulls
and
Excommunications
,
and
to
forbid
the
execution
of
them
,
when
they
are
found
contrary
to
sacred
decrees
,
the
liberties
of
the
French
Church
,
or
the
prerogative
Royal.
17.
Generall
Councels
are
above
the
Pope
,
and
may
depose
him
,
and
put
another
in
his
place
,
and
take
cognisance
of
appeals
from
the
Pope
.
18.
All
Bishops
have
their
power
immediately
from
Christ
,
not
from
the
Pope
,
and
are
equally
successours
of
Saint
Peter
and
the
other
Apostles
,
and
Vicars
of
Christ
.
19.
Provisions
,
reservations
,
expectative
graces
,
&c.
have
no
place
in
France
.
20.
The
Pope
cannot
exempt
any
Church
,
Monastery
,
or
Ecclesiastical
body
from
the
Jurisdiction
of
their
Ordinary
,
nor
erect
Bishopricks
into
Archbishopricks
,
nor
unite
them
,
nor
divide
them
without
the
Kings
Licence
.
21.
All
those
are
not
hereticks
,
excommunicated
,
or
damned
,
who
differ
in
some
things
from
the
doctrine
of
the
Pope
,
who
appeal
from
his
decrees
,
and
hinder
the
execution
of
the
ordinances
of
him
or
his
Legates
.
These
are
part
of
the
liberties
of
the
Gallicane
Church
.
The
ancient
British
Church
needed
no
such
particular
priviledges
,
since
they
never
knew
any
forreign
Jurisdiction
:
The
English
British
Church
which
succeeded
them
in
time
,
in
place
,
and
partly
in
their
members
and
holy
orders
,
ought
to
have
injoyed
the
same
freedom
and
exemption
.
But
in
the
daies
of
the
Saxon
,
Danish
,
and
Norman
Kings
,
the
Popes
did
by
degrees
insinuate
themselves
into
the
mesnagery
of
Ecclesiastical
affaires
in
England
.
Yet
for
many
ages
the
English
Church
injoyed
all
these
Gallicane
priviledges
,
without
any
remarkable
interruption
from
the
Roman
Court.
As
in
truth
they
do
of
right
by
the
Law
of
nature
belong
to
all
Sovereign
Princes
,
in
their
own
Dominions
.
Otherwise
Kingdomes
should
be
destitute
of
necessary
remedies
for
their
own
conservation
.
And
in
later
ages
,
when
the
Popes
having
thrust
in
their
heads
,
did
strive
to
draw
in
their
whole
bodies
after
,
the
whole
Kingdome
opposed
them
,
and
made
Lawes
against
their
several
grosse
intrusions
,
as
we
have
formerly
seen
in
this
discourse
:
And
never
quitted
these
English
(
as
well
as
Gallicane
)
liberties
,
untill
the
Reformation
.
But
perhaps
we
may
find
more
loyalty
and
obedience
to
the
Court
of
Rome
in
the
Catholick
King
.
Atque
demum
resp●ct●
Ecclesiasticae
Iurisdictionis
neque
ipsam
Apostolicam
sedem
recognoscere
&
h●b●re
superiorem
,
nisi
in
casu
praeven●ionis
.
And
to
conclude
,
he
acknowledgeth
not
any
superiority
of
the
S●e
of
Rome
it
s●lf
,
but
onely
in
case
of
prevention
.
What
saith
Baronius
to
this
?
He
complains
bitterly
,
that
praetensa
Apostolica
authoritate
contra
Apostolicam
ipsam
sedem
grande
piaculum
perpetratur
,
And
a
little
after
he
declaimes
yet
higher
,
Quid
in
ad
ista
dixeris
lector
?
What
wilt
thou
say
to
this
Reader
?
but
that
under
the
name
of
Monarchy
besides
that
one
Monarch
which
all
the
faithful
have
ever
ackn●wledged
as
the
onely
visible
Head
in
the
Church
,
Another
head
it
risen
up
,
and
brought
into
the
Kingdome
of
Sicily
,
for
a
Monster
and
a
prodigy
,
&c.
But
for
this
liberty
which
he
took
,
the
King
of
Spain
fairly
and
quietly
without
taking
any
notice
of
his
Cardinalitian
dignity
,
caused
his
books
to
be
burned
publickly
.
It
will
be
objected
,
That
the
King
of
Spain
challengeth
this
power
in
Sicily
,
not
by
his
Regal
authority
as
a
Sovereign
Prince
,
but
by
the
Bull
of
Vrbanus
the
second
,
who
constituted
Roger
Earl
of
Sicily
and
his
heires
his
Legates
à
latere
in
that
Kingdome
,
whereby
all
succeeding
Princes
do
challenge
to
be
Legati
nati
,
with
power
to
substitute
others
,
and
qualifie
them
with
the
same
authority
.
But
first
,
if
the
Papacy
be
by
Divine
right
,
what
power
hath
any
particular
Pope
to
transfer
so
great
a
part
of
his
office
and
authority
from
his
Successours
for
ever
,
unto
a
Lay-man
and
his
heires
,
by
way
of
inheritance
?
If
every
Pope
should
do
as
much
for
another
Kingdom
,
as
Vrbanus
did
for
Sicily
,
the
Court
of
Rome
would
quickly
want
imployment
.
Secondly
,
if
the
Bull
of
Vrbanus
the
second
was
so
available
to
the
succeeding
Kings
of
Sicily
,
which
yet
is
disputed
whether
it
be
authentick
or
not
,
whether
it
be
full
,
or
defective
,
and
mutilated
,
why
should
not
the
Bull
of
Nicholas
the
second
his
predecessour
,
granted
to
our
Edward
the
Confessour
and
his
Successours
,
be
as
advantagious
to
the
succeeding
Kings
of
England
?
why
not
much
rather
?
seeing
that
they
are
thereby
constituted
or
declared
,
not
Legates
,
but
Governours
of
the
English
Church
,
in
the
Popes
place
,
or
rather
in
Christs
place
,
seeing
that
without
all
doubt
Sicily
was
a
part
of
the
Popes
ancient
Patriarchate
,
but
Britaigne
was
not
;
And
lastly
,
seeing
the
situation
of
Sicily
so
much
nearer
to
Rome
,
renders
the
Sicilians
more
capable
of
receiving
Justice
from
thence
,
then
the
English
.
Thirdly
,
the
King
of
Spain
when
he
pleaseth
,
and
when
he
sees
his
own
time
,
doth
not
onely
pretend
unto
,
but
assume
in
his
other
Dominions
that
self-same
power
or
essential
right
of
Sovereignty
,
which
I
plead
for
in
this
treatise
.
It
is
not
unknown
to
the
world
how
indulgent
a
Father
Vrban
the
eighth
was
sometimes
to
the
King
and
Kingdom
of
France
,
and
how
passionately
he
affected
the
interest
of
that
Crown
.
And
by
consequence
that
his
eares
were
deaf
to
the
requests
and
remonstrances
of
the
King
of
Spain
.
The
Catholique
King
resents
this
partiality
very
highly
,
and
threatens
the
Pope
if
he
persist
,
to
provide
a
remedy
for
the
grievances
of
his
Subjects
,
by
his
own
power
.
Accordingly
to
make
good
his
word
,
he
called
a
general
Assembly
of
all
the
Estates
of
the
Kingdome
of
Castile
,
to
consider
of
the
exorbitancies
of
the
Court
of
Rome
,
in
relation
to
his
Majesties
Subjects
,
and
to
consult
of
the
proper
remedies
thereof
.
They
did
meet
and
draw
up
a
memoriall
consisting
of
ten
Articles
,
containing
the
chiefest
abuses
and
innovations
,
and
extortions
of
the
Court
of
Rome
in
the
Kingdom
of
Castile
.
His
Majestie
sends
it
to
the
Pope
by
Friar
Domingo
Pimentell
as
his
Ambassadour
;
The
Pope
returned
a
smart
answer
by
Senior
Maraldo
his
Secretary
.
The
King
replied
as
sharply
.
All
which
was
afterwards
printed
by
the
special
command
of
his
Catholick
Majesty
.
The
summe
of
their
complaint
was
first
concerning
the
Popes
imposing
of
pensions
upon
dignities
and
other
benefices
Ecclesiastical
,
They
complained
likewise
of
the
Popes
granting
of
Coad
jutorships
with
future
succession
,
They
complained
of
the
Popes
admitting
of
resignations
with
reservation
of
the
greatest
part
of
the
profits
of
the
benefice
;
They
complained
most
bitterly
of
the
extortions
of
the
Roman
Court
,
They
complained
that
the
Pope
being
but
the
Churches
Steward
and
dispenser
,
the
Roman
Church
(
whereof
he
was
made
Governour
by
God
)
was
the
Mother
of
other
Churches
,
but
not
the
Lady
or
Mistris
.
And
that
he
himself
was
not
the
Lord
or
Master
of
other
Bishops
,
but
one
of
them
.
They
complained
that
the
Pope
did
challenge
and
usurpe
to
himself
as
his
own
,
They
complained
that
the
Popes
did
usurp
as
their
own
all
the
revenues
of
Bishopricks
during
their
vacancies
,
to
take
it
as
an
argument
of
their
respect
to
the
See
of
Rome
,
that
they
do
not
go
about
forthwith
to
reform
these
abuses
by
their
own
auth●●ity
,
in
imitation
of
other
Provinces
.
So
it
was
not
the
unwarrantablenesse
of
the
act
in
it self
,
but
meerly
their
respect
that
did
withhold
them
.
They
complained
of
the
great
inconveniences
and
abuses
in
the
exercise
of
the
Nuncio's
office
.
such
abuses
as
these
gave
occasion
to
all
the
Reformations
and
Schismes
of
the
Church
.
They
added
,
That
these
things
did
much
trouble
the
mind
of
his
Catholique
Majestie
;
And
ought
to
be
seriously
pondered
by
all
Sovereign
Princes
,
qui
intra
Ecclesiam
potestatis
adeptae
Culmina
tenent
;
ut
per
eandem
potestatem
disciplinam
Ecclesiasticam
muniant
.
Behold
our
Political
Supremacy
.
They
proceeded
,
that
often
the
heavenly
Kingdome
is
advantaged
by
the
earthly
.
That
Church-men
acting
against
faith
and
right
discipline
,
may
be
reformed
by
the
rigour
of
Princes
.
Let
the
Princes
of
this
world
know
(
say
they
)
that
they
owe
an
account
to
God
of
the
Church
,
which
they
have
received
from
him
into
their
protection
.
For
whether
peace
and
right
Ecclesiastical
discipline
be
increased
or
decayed
by
Christian
Princes
,
God
will
require
an
account
from
them
,
who
hath
trusted
his
Church
unto
their
power
.
They
tell
his
Holinesse
it
was
a
work
worthy
of
him
to
turn
all
such
Courtiers
out
of
his
Court
,
who
did
much
hurt
by
their
persons
,
and
no
good
by
their
examples
.
Adding
this
distich
;
Vivere
qui
sanctè
cupitis
discedite
Roma
,
Omnia
cum
liceant
,
non
licet
esse
bonum
.
And
for
remedy
of
these
abuses
,
they
proposed
,
Lastly
,
They
tell
the
Pope
,
that
their
first
addresse
is
to
him
,
to
whom
as
universal
Pastour
the
Reformation
thereof
doth
most
properly
belong
,
that
there
might
be
no
need
to
proceed
to
other
remedies
prescribed
by
the
Doctours
of
the
Church
.
And
in
the
margent
they
cite
more
then
twenty
several
Authours
,
to
shew
what
the
Magistrate
might
do
,
in
case
the
Pope
should
refuse
or
neglect
to
reform
these
abuses
▪
So
you
see
they
confessed
plainly
,
that
there
were
other
lawful
remedies
.
And
intimated
sufficiently
that
they
must
proceed
to
the
use
of
them
,
in
case
the
Pope
refused
or
neglected
to
do
his
duty
.
That
was
for
the
Sovereign
Prince
with
his
Bishops
and
Estates
to
ease
his
Subjects
,
and
reform
the
abuses
of
the
Roman
Court
within
his
own
Dominions
.
And
this
by
direction
of
the
Law
of
nature
.
Upon
our
former
ground
,
that
no
Kingdom
is
destitute
of
necessary
remedies
for
its
own
preservation
.
But
they
chose
rather
to
tell
the
Pope
this
unwelcome
Message
in
the
names
and
words
of
a
whole
cloud
of
Roman
Catholick
Doctours
,
then
in
their
own
.
In
fine
,
the
Pope
continued
obstinate
:
And
the
King
proceeded
from
words
to
deeds
;
And
by
his
Sovereign
power
stopped
all
proceedings
in
the
Nuncio's
Court.
And
for
the
space
of
eight
weeks
did
take
away
all
intercourse
and
correspondence
with
Rome
,
(
This
was
the
first
act
of
Henry
the
eighth
,
which
Sanders
calls
the
beginning
of
the
Schisme
,
)
untill
the
Pope
being
taught
by
the
costly
experience
of
his
predecessours
,
fearing
justly
what
the
consequents
of
these
things
might
be
in
a
little
time
,
was
con●ented
to
bow
,
and
condescend
to
the
Kings
desires
.
To
shew
yet
further
,
that
the
Kings
of
Spain
when
they
judge
it
expedient
,
do
make
themselves
no
strangers
to
Ecclesiasticall
affaires
,
we
read
that
Charles
the
fifth
renewed
an
edict
of
his
predecessours
at
Madril
,
That
Bulls
and
Missives
sent
from
Rome
should
be
visited
,
to
see
that
they
contained
nothing
in
them
prejudicial
to
the
〈◊〉
or
Church
of
Spain
;
which
was
strictly
observed
within
the
Spanish
Dominions
.
I
might
adde
upon
the
credit
of
the
Portugueses
,
Alexander
Castracan
was
disgraced
and
expelled
out
of
Spain
,
for
publishing
the
Popes
Bulls
,
and
that
the
Papal
censures
were
declared
void
.
And
how
the
Popes
Delegates
or
Apostolical
Judges
have
been
banished
out
of
that
Kingdom
,
And
when
the
King
of
Spain
objected
to
the
Pope
the
Pensions
which
he
and
his
Court
received
yearly
out
of
Spain
,
from
Ecclesiastical
benefices
and
dignities
;
The
Popes
Secretary
replied
,
that
all
the
Papal
Pensions
put
together
,
did
scarcely
amount
to
so
much
as
one
onely
pension
imposed
by
the
King
upon
the
Archbishoprick
of
Siville
.
Neither
did
the
King
deny
the
thing
,
but
justifie
it
▪
as
done
in
favour
of
an
Infante
of
Castile
:
Before
we
leave
the
Dominions
of
this
great
Prince
,
let
us
cast
our
eyes
a
little
upon
Brabant
and
Flanders
;
who
hath
not
heard
of
a
Book
composed
by
Iansenius
Bishop
of
Ypres
,
called
Augustinus
;
And
of
those
great
animosities
and
contentions
that
have
risen
about
it
in
most
Roman
Catholick
Countreys
?
I
meddle
not
with
the
merit
of
the
cause
,
whether
Iansenius
followed
Saint
Austine
,
or
Saint
Austine
his
Ancients
,
or
whether
he
be
reconciliable
to
himself
in
this
question
.
I
do
willingly
omit
all
circumstances
,
but
onely
those
which
conduce
to
my
present
purpose
.
So
it
was
that
Vrbane
the
eighth
by
his
Bull
censured
the
said
Book
,
as
maintaining
divers
temerarious
and
dangerous
positions
,
under
the
name
of
St.
Austine
,
forbidding
all
Catholicks
to
print
it
,
sell
it
,
or
keep
it
for
the
future
.
This
Bull
was
sent
to
the
Archbishop
of
Mechline
,
and
the
Bishop
of
Gant
to
see
it
published
and
obeyed
in
their
Provinces
.
But
they
both
refused
;
And
for
refusing
were
cited
to
appear
at
Rome
:
And
not
appearing
by
themselves
or
their
Proctours
,
were
suspended
and
interdicted
by
the
Pope
,
and
the
copy
of
the
sentence
affixed
to
the
door
of
the
great
Church
in
Brussels
.
Although
in
truth
they
durst
not
publish
the
sentence
of
condemnation
without
the
Kings
Licence
;
And
were
expresly
forbidden
by
the
Councel
of
Brabant
to
appear
at
Rome
under
great
penalties
,
as
appeareth
manifestly
by
the
Proclamation
or
Placa●t
of
the
Councel
themselves
dated
at
Brussels
,
May
1●
.
1653.
Wherein
they
do
further
declare
,
that
it
was
Kennelick
ende
no●oix
,
[
selveroock
niet
voor
het
hoff
van
Roomen
]
no
not
by
the
Court
of
Rome
it self
.
And
further
that
the
provisions
,
spiritual
censures
,
excommunications
,
suspensions
,
and
interdictions
of
that
Court
,
might
not
be
published
or
put
in
execution
without
the
Kings
approba●io●
,
after
the
Councels
deliberation
.
And
yet
further
,
they
do
ordain
that
the
said
defamatory
writing
(
So
they
call
the
Copy
of
the
Popes
sentence
)
should
be
torn
in
pieces
in
the
great
Hall
of
the
Court
at
Brussels
by
the
door-keeper
,
condemning
and
abolishing
the
memory
thereof
for
ever
.
Thus
all
Christendom
do
joyn
unanimously
in
this
truth
,
that
not
the
Court
of
Rome
,
bu●
their
own
Sovereigns
in
their
Councels
are
the
last
Judges
of
their
National
liberties
and
priviledges
.
I
passe
from
Spain
to
Portugal
,
where
the
King
and
Kingdom
either
are
at
this
present
time
or
very
lately
,
they
neither
can
nor
ought
to
receive
them
.
suspected
persons
may
be
intruded
,
and
the
Realm
can
have
no
security
.
That
it
is
the
opinion
of
all
good
men
,
and
the
judgement
of
most
learned
men
,
the
Pope
doth
most
grievously
derogate
from
the
right
of
the
Crown
.
That
it
is
done
in
favour
of
the
King
of
Castile
,
lest
he
should
either
revolt
from
his
obedience
to
the
Pope
,
or
make
war
against
him
.
And
that
if
provision
be
made
contrary
to
justice
,
for
the
private
interests
of
the
Roman
Court
,
Christs
right
is
betrayed
.
They
advise
the
Pope
to
let
the
world
know
that
he
hath
care
of
souls
,
and
leaves
temporal
things
to
Princes
.
That
if
he
persist
to
change
the
custome
of
the
Church
to
the
prejudice
of
Portugal
,
Portugal
may
and
ought
to
preserve
its
right
;
And
that
if
he
love
Castile
more
then
Portugal
,
Portugal
is
not
obliged
to
obey
him
more
then
Castile
.
There
are
other
differences
likewise
,
as
namely
about
the
imprisoning
of
some
Prelates
for
Treason
,
to
which
they
make
this
plea
,
the
Law
doth
warrant
it
.
That
Ecclesiastical
immunities
are
not
opposite
to
natural
defence
.
That
it
is
he
that
hurts
his
Countrey
,
who
hurts
his
own
immunity
.
A
third
difference
was
about
the
Kings
intermedling
in
the
controversies
of
religious
persons
.
To
which
they
answer
,
that
the
protection
of
the
Prince
is
not
a
violation
,
but
a
defence
of
the
rights
of
the
Church
.
That
it
is
the
duty
of
Catholick
Princes
to
see
regular
discipline
be
observed
.
all
orders
of
men
are
obliged
in
justice
to
contribute
to
the
common
defence
of
the
Kingdom
and
their
own
necessary
protection
;
And
that
the
revenues
of
the
vacant
Bishopricks
could
not
be
better
deposited
and
conserved
,
then
when
they
are
imployed
by
the
Prince
for
the
publick
benefit
,
cum
onere
restituendi
.
In
summe
,
they
wish
the
Pope
over
and
over
again
to
consider
seriously
the
danger
of
these
courses
,
now
when
Heresie
shewes
it self
with
such
confidence
throughout
Europe
.
Peters
ship
which
hath
often
been
in
danger
in
a
Calme
Sea
,
ought
not
to
be
opposed
to
the
violent
course
of
just
complainers
,
who
think
themselves
forsaken
.
That
the
Chu●ch
of
Rome
hath
lost
many
kingdoms
,
which
have
withdrawn
their
obedience
and
reverential
respect
from
it
,
for
much
lesser
reasons
.
That
they
had
learned
with
grief
by
their
last
repulse
,
that
their
submissions
and
iterated
supplications
had
prejudiced
their
right
.
That
the
Kings
Ambassadour
,
the
Clergies
messenger
,
the
Agent
from
the
three
orders
of
the
Kingdom
had
found
nothing
at
Rome
from
two
Popes
but
neglects
,
affronts
,
and
repulses
.
And
lastly
,
for
a
farewell
,
that
Portugal
and
all
the
Provinces
that
belong
unto
it
in
Europe
,
Asia
,
Africa
and
America
,
is
more
then
one
single
sheep
.
Which
is
as
much
as
if
they
should
tell
him
in
plain
down
right
terms
,
I
will
conclude
this
point
with
the
answer
of
the
University
of
Lisbone
to
certain
questions
or
demands
,
Episcopacy
was
of
divine
right
,
but
the
reservation
of
the
Popes
approbation
was
of
humane
right
,
which
doth
not
bind
in
extreme
nor
in
very
great
necessity
.
The
second
question
,
whether
there
was
extreme
necessity
of
consecrating
new
Bishops
in
Portugal
?
Their
answer
was
affirmative
,
that
there
was
,
because
there
was
but
one
Bishop
left
in
Portugal
,
and
six
and
twenty
wanting
in
the
rest
of
the
Kings
dominions
.
The
third
question
was
,
whether
Portugal
had
then
recourse
to
the
Pope
for
his
approbation
?
The
answer
was
Negative
,
that
they
had
not
;
first
,
because
the
Castilians
had
attempted
to
slay
their
Ambassadour●
before
the
eyes
of
Vrban
the
8th
.
and
Innocent
the
10th
.
So
there
was
no
safe
recourse
.
And
secondly
,
because
their
Ambassadour
could
uot
prevail
with
the
Pope
in
nine
years
,
by
all
their
solicitations
:
So
there
was
no
hope
to
obtain
.
The
fourth
question
was
,
whether
the
permission
of
this
were
scandalous
?
The
answer
was
Negative
,
that
it
was
not
;
first
,
because
it
was
a
greater
scandal
to
want
Bishops
.
Secondly
,
because
the
King
had
used
all
due
means
to
obtain
the
Popes
approbation
.
Thirdly
,
because
it
was
done
out
of
extreme
necessity
.
The
fifth
and
last
question
was
,
how
Bishops
were
to
be
provided
?
They
answered
,
that
it
was
to
be
done
according
to
Law
,
by
the
election
of
the
respective
Chapters
,
and
by
the
presentation
of
the
King
,
as
it
was
of
old
in
Spain
and
Portugal
,
and
was
still
observed
in
Germany
and
elsewhere
.
From
Spain
and
Portugal
,
it
is
now
high
time
to
passe
over
into
Italy
:
where
we
meet
with
the
Republick
of
Venice
,
obliged
in
some
sort
to
the
Papacy
for
that
honour
,
and
grandeur
,
and
profit
,
and
advantage
which
the
Italian
Nation
doth
reape
from
it
.
Yet
have
not
they
wanted
their
discontents
,
and
differences
,
and
disputes
with
the
Court
of
Rome
.
The
Republick
of
Venice
had
made
several
Lawes
;
Paul
the
fifth
resented
these
things
very
highly
,
and
commanded
the
Duke
and
Senate
of
Venice
to
abrogate
these
Lawes
,
Bulla
ead●m
.
The
Popes
Bull.
so
prejudicial
to
the
authority
of
the
Pope
,
to
the
rights
of
holy
Church
,
and
to
the
priviledges
of
Ecclesiastical
persons
:
And
to
set
their
prisoners
forthwith
at
liberty
:
Or
otherwise
in
case
of
disobedience
,
he
excommunicated
the
Duke
and
Senate
,
and
all
their
partakers
;
And
subjected
the
City
of
Venice
and
all
the
Dominions
thereunto
belonging
to
an
interdict
.
And
moreover
,
declared
all
the
Lands
and
goods
which
either
the
City
of
Venice
,
or
any
of
the
persons
excommunicated
did
hold
of
the
Church
,
to
be
forfeited
,
And
lastly
,
commanded
all
Ecclesiastical
persons
high
and
low
,
upon
their
obedience
,
to
publish
that
Bull
,
and
to
forbear
to
celebrate
all
divine
offices
according
to
the
Interdict
,
upon
pains
contained
therein
,
as
also
of
suspension
,
sequestration
,
deprivation
,
and
incapacity
to
hold
any
Ecclesiastical
preferments
for
the
future
.
But
what
did
the
Venetians
whilest
Paul
the
fifth
thundered
against
them
in
this
manner
?
containing
in
them
many
●ings
temerarious
,
calumnious
,
scandalous
,
seditious
,
schismaticall
,
heretical
,
and
the
reading
and
keeping
of
them
was
prohibited
under
pain
of
excommunication
.
During
this
contestation
the
Duke
of
Venice
died
;
And
the
Pope
prohibited
the
Venetians
to
proceed
to
the
election
of
a
new
Duke
.
It
is
not
unworthy
of
our
observation
,
what
was
the
doctrine
of
the
Venetian
Preachers
and
Writers
in
those
daies
,
as
it
is
summed
up
by
an
eye-witnesse
,
and
a
great
Actour
in
those
affaires
;
That
God
had
constituted
two
Governments
in
the
world
,
the
one
spiritual
,
the
other
temporal
,
either
of
them
Sovereign
in
their
kind
,
and
independent
the
one
upon
the
other
.
That
the
care
of
the
spiritual
was
committed
to
the
Apostles
and
their
Successours
.
Not
to
Saint
Peter
as
a
single
Apostle
,
and
his
Successours
alone
,
either
at
Antioch
,
or
at
Rome
,
as
if
all
the
rest
were
but
Delegates
for
term
of
life
,
wherein
they
agreed
justly
with
us
,
that
as
each
particular
Bishop
is
the
respective
Head
of
his
proper
Church
;
So
Episcopacy
,
or
Saint
Cyprian's
unus
Episcopatus
the
conjoynt
body
of
Bishops
is
the
Ecclesiastical
head
of
the
militant
Church
.
That
the
care
of
the
temporal
Government
is
committed
to
Sovereign
Princes
.
That
these
two
cannot
intrude
the
one
into
the
office
of
the
other
.
That
the
Pope
hath
no
power
to
a●null
the
Lawes
of
Princes
in
temporall
things
,
nor
to
deprive
them
of
their
Estates
,
nor
to
free
their
Subjects
from
their
allegiance
:
That
the
attempt
to
depose
Kings
was
but
520
years
old
,
contrary
to
Scriptures
,
contrary
to
the
examples
of
Christ
and
of
the
Saints
:
That
to
teach
,
that
in
case
of
controversie
between
the
Pope
and
a
Prince
,
it
is
lawful
to
persecute
him
by
treachery
or
force
;
Or
that
his
rebellious
Subjects
may
purchase
by
it
remission
of
sins
,
is
a
seditious
and
sacrilegious
doctrine
.
That
the
exemption
of
Ecclesiastical
persons
and
their
goods
from
the
secular
power
is
not
from
the
Law
of
God
,
but
from
the
piety
of
Princes
,
sometimes
more
,
sometimes
lesse
,
according
to
the
exigence
of
affair●s
.
That
Papal
exemptions
of
the
Clergy
are
in
some
places
not
received
at
all
,
in
other
places
but
received
in
part
;
And
that
they
have
no
efficacy
or
validity
further
then
they
are
received
.
That
notwithstanding
any
exemption
,
Sovereigns
have
power
over
their
persons
and
goods
,
whensoever
the
necessity
of
the
Common-wealth
requires
it
.
That
if
any
exemption
whatsoever
be
abused
to
the
disturbance
of
the
publick
tranquillity
,
the
Prince
is
obliged
to
provi●e
remedy
for
it
.
That
the
Pope
ought
not
to
hold
himself
infallible
,
nor
promise
himself
such
divine
assistance
:
That
the
authority
to
bind
and
loose
is
to
be
understood
clave
non
errante
.
That
when
the
Pope
hath
censured
or
excommunicated
a
Prince
,
the
Doctours
may
lawfully
examine
whether
his
key
have
erred
or
not
:
And
when
the
Prince
is
certified
that
the
Censure
against
him
or
his
Subjects
is
invalid
,
he
may
and
ought
for
the
preservation
of
publick
peace
to
hinder
the
execution
thereof
,
preserving
his
Rel●gion
and
convenient
reverence
to
the
Church
.
That
the
excommunication
of
a
multitude
,
or
a
Prince
that
commands
much
people
,
is
pernicious
and
sacrilegious
.
That
the
new
name
of
blind
obedience
lately
invented
was
unknown
to
the
ancient
Church
,
and
to
all
good
Theologians
,
destroyes
the
essence
of
virtue
,
which
is
to
work
by
certain
knowledge
and
election
,
exposeth
to
danger
of
offending
God
,
excuseth
not
the
errours
of
a
spiritual
Prince
,
and
was
apt
to
raise
sedition
,
as
the
experience
of
the
last
fourty
years
had
manifested
.
What
conclusion
would
have
followed
from
these
premisses
,
if
they
had
been
thoroughly
pursued
,
it
were
no
difficult
matter
to
determine
.
It
may
perhaps
be
objected
,
That
the
Venetian
State
had
these
priviledges
granted
to
them
by
the
Popes
,
and
Court
of
Rome
.
And
it
is
thus
far
true
,
That
they
had
five
Bulls
,
But
how
or
by
what
right
did
the
Venetians
claim
these
priviledges
?
By
virtue
of
any
Papal
Bulls
?
No
such
thing
.
But
by
the
Law
of
nature
as
an
essential
right
of
Sovereignty
,
and
by
a
most
ancient
custome
of
1200
years
,
that
is
,
a
thousand
years
before
the
first
Bull
was
dated
,
Secondly
,
it
may
be
urged
further
,
that
the
Venetians
did
not
make
a
total
and
perpetual
separation
from
Rome
.
No
more
did
England
,
if
by
Rome
we
understand
the
Church
of
Rome
.
in
particular
points
wherein
they
were
fallen
both
from
themselves
in
their
ancient
integrity
,
and
from
the
Apostolical
Churches
which
were
their
first
●ounders
.
Which
are
the
very
words
of
our
Canon
.
Secondly
,
not
perpetual
,
but
onely
temporary
,
untill
their
errours
be
amended
,
and
abuses
reformed
.
But
if
by
Rome
be
understood
the
Roman
Court
,
the
case
of
Ve●ice
and
England
is
much
different
:
They
acknowledge
themselves
to
be
justly
subject
to
the
Roman
Patriarch
;
we
do
altogether
deny
his
Jurisdiction
over
us
;
The
vicinity
of
Venice
renders
them
capable
of
receiving
Justice
from
Rome
,
which
the
distance
of
England
being
so
far
divided
by
Seas
and
Mountains
doth
hinder
us
of
.
Their
interest
invited
them
to
a
conjunction
with
Rome
:
Ours
is
against
it
.
But
yet
they
take
care
for
their
own
security
and
indemp●ity
,
that
the
Papacy
which
they
submitted
unto
should
be
toothlesse
,
not
able
to
bite
them
or
injure
them
.
If
that
Papacy
which
they
sought
to
have
obtruded
upon
us
,
had
been
such
an
one
,
in
probability
they
had
not
so
quickly
been
turned
out
of
doores
.
Lastly
,
it
may
be
objected
,
that
the
points
in
difference
between
Rome
and
us
be
many
more
,
then
those
which
were
in
difference
between
Rome
and
Venice
.
This
indeed
is
most
true
;
But
not
much
material
.
More
or
lesse
do
not
vary
the
kind
or
nature
of
any
thing
.
Whether
their
liberties
or
ours
be
of
greater
or
lesser
extent
,
is
impertinent
to
our
question
.
If
Venice
ought
to
enjoy
their
ancient
liberties
and
customes
,
then
so
ought
England
also
.
If
the
Venetians
ought
to
be
the
last
Judges
of
their
own
pretensions
,
what
their
ancient
customes
and
liberties
were
,
then
so
ought
we
to
be
likewise
.
Not
the
Pope
and
his
conclave
of
Cardinals
,
which
if
Venice
would
not
endure
,
we
have
much
l●sse
reason
to
endure
it
.
What
Canons
have
been
received
with
us
,
and
how
far
,
and
where
our
shoe
did
wring
us
,
none
knew
so
well
as
our selves
.
The
chiefest
difference
between
our
case
and
that
of
Venice
,
seems
to
me
to
be
this
,
That
we
were
put
to
an
a●ter-game
,
so
were
not
they
:
They
preserved
their
rights
and
priviledges
then
in
question
intire
from
the
usurpations
of
the
Roman
Court
;
we
were
necessitated
in
part
to
retrive
and
vindicate
ours
.
Theirs
was
properly
a
Conservation
;
Ours
a
Reformation
.
They
might
thank
the
unanimity
of
their
Subjects
,
the
loyalty
of
their
Clergy
,
and
their
nearer
acquaintance
with
Rome
for
their
advantage
,
we
might
blame
the
Barons
Wars
,
and
the
contentions
between
the
houses
of
York
and
Lancaster
,
and
a
kind
of
superstitious
veneration
of
that
See
,
occasioned
by
our
distance
and
want
of
experimental
knowledge
,
for
our
disadvantage
.
But
to
come
to
the
Catastrophe
of
this
businesse
.
A
man
would
have
thought
that
this
might
have
sufficed
to
have
caught
the
Popes
more
wit
,
then
to
have
hazarded
their
reputation
again
,
so
near
home
,
where
they
are
so
well
known
;
But
it
did
not
.
They
adventured
after
this
to
make
their
spiritual
weapons
subservient
to
their
temporal
ends
,
by
excommunicating
and
interdicting
the
Duke
of
Parma
and
his
Subjects
,
with
little
better
successe
.
I
expect
that
it
should
be
alledged
,
That
all
the
Projects
of
France
for
a
new
Patriarchate
,
and
the
memorials
of
Castile
,
and
the
bleatings
of
Portugal
,
&c.
were
but
personated
shewes
,
to
terrifie
Popes
into
their
duties
;
And
in
part
I
do
believe
it
to
be
true
.
But
withal
they
must
yeeld
thus
much
unto
me
,
that
it
is
for
children
to
be
terrified
with
grimaces
,
or
painted
vizards
,
which
signifie
nothing●
To
work
upon
wise
men
there
must
be
probable
and
just
grounds
,
that
such
things
as
are
pretended
may
be
,
and
will
be
effected
.
We
have
said
enough
to
shew
that
all
Christian
Nations
do
challenge
this
right
to
themselves
,
to
be
the
last
Judges
of
their
own
liberties
and
priviledges
.
CHAP.
VIII
.
That
the
Pope
and
the
Court
of
Rome
are
most
guilty
of
the
Schisme
.
I
Am
come
now
to
my
sixth
and
last
proposition
,
which
brings
the
Schisme
home
to
their
own
doores
.
Wherein
I
endeavour
to
demonstrate
that
the
Church
of
Rome
,
First
,
they
make
the
Church
of
Rome
to
be
not
onely
the
sister
of
all
other
Patriarchal
Churches
,
and
the
Mother
of
many
Churches
,
but
to
be
the
Lady
and
Mistris
of
all
Churches
;
To
be
not
onely
a
prime
stone
in
the
building
,
but
the
very
foundation
;
to
be
not
onely
a
respective
foundation
,
in
relation
to
this
or
that
time
and
place
,
(
as
all
the
Apostles
and
all
Apostolical
Churches
were
,
and
all
good
Pastours
and
all
orthodox
Churches
are
,
)
but
to
be
an
absolute
foundation
for
all
persons
,
in
all
places
,
at
all
times
,
which
is
proper
to
Christ
alone
:
Other
foundation
can
no
man
lay
then
that
which
is
laid
,
even
Iesus
Christ
.
They
hold
it
not
enough
for
the
Roman
Church
to
be
a
top-●ranch
,
unlesse
it
may
be
the
root
of
Christian
Religion
,
or
at
least
of
all
that
Jurisdiction
which
Christ
left
as
a
Legacy
to
his
Church
.
In
all
which
claime
by
the
Church
of
Rome
,
they
understand
not
the
essential
Church
,
nor
yet
the
representative
Church
,
a
Roman
Synod
,
but
the
virtual
Church
which
is
invested
with
Ecclesiastical
power
,
that
is
,
the
Pope
with
his
Cardinals
and
Ministers
.
When
any
member
how
eminent
soever
scorns
its
proper
place
in
the
body
,
whether
Natural
,
or
Political
,
or
Ecclesiastical
,
and
seekes
to
usurpe
the
Office
of
the
head
;
it
must
of
necessi●y
produce
a
disorder
,
and
distur●ance
,
and
confusion
,
and
schisme
of
the
respective
members
.
This
is
one
degree
of
schismat●cal
pravity
.
But
in
the
second
place
,
we
presse
the
crime
of
schisme
more
home
against
the
Court
of
Rome
,
then
against
the
Church
of
Rome
.
It
is
the
Court
of
Rome
which
partly
by
obtruding
new
Creeds
,
and
new
Articles
of
faith
,
And
especially
this
doctrine
,
That
it
is
necessary
for
every
Christian
under
pain
of
damnation
to
be
subject
to
the
Bishop
of
Rome
,
as
the
vicar
of
Christ
,
by
divine
Ordination
upon
earth
,
(
that
is
in
effect
,
to
be
subject
to
themselves
who
are
his
Councel
and
Officers
,
)
yea
,
even
those
who
by
reason
of
their
remotenesse
never
heard
of
the
name
of
Rome
,
without
which
it
will
profit
them
nothing
to
have
holden
the
Catholick
faith
intirely
.
And
partly
by
their
tyraninical
and
uncharitable
censures
have
seperated
all
the
Asia●ick
,
African
,
Grecian
,
Russian
,
and
Protestant
Churches
from
their
communion
,
not
onely
negatively
in
the
way
of
Christian
discretion
,
by
withdrawing
of
themselves
for
fear
of
infection
;
But
privatively
and
authoritatively
by
way
of
Jurisdiction
,
excluding
them
(
so
much
as
in
them
lieth
)
from
the
Communion
of
Christ
;
Though
those
Churches
so
chased
away
by
them
contain
three
times
more
Christian
souls
then
the
Church
of
Rome
it self
,
with
all
its
dependents
and
adherents
;
many
of
which
do
suffer
more
pressures
for
the
testimony
of
Christ
,
then
the
Romanists
do
gain
advantages
,
and
are
ready
to
shed
the
last
drop
of
their
blood
for
the
least
known
particle
of
saving
truth
.
Onely
because
they
will
not
strike
topsaile
to
the
Popes
crosse-keys
,
nor
buy
indulgences
and
such
like
trinkets
at
Rome
.
It
is
not
passion
,
but
action
that
makes
a
schismatick
,
to
desert
the
communion
of
Christians
voluntarily
,
not
to
be
thrust
away
from
it
unwillingly
.
For
divers
years
in
the
beginning
of
Queen
Elizabeths
reign
,
there
was
no
Recusant
known
in
England
;
But
even
they
who
were
most
addicted
to
Roman
opinions
,
yet
frequented
our
Churches
and
publick
assemblies
,
and
did
joyn
with
us
in
the
use
of
the
same
prayers
and
divine
offices
,
without
any
scruple
,
untill
they
were
prohibited
by
a
Papal
Bull
;
meerly
for
the
interest
of
the
Roman
Court
.
This
was
the
true
beginning
of
the
schisme
between
us
and
them
.
I
never
yet
heard
any
of
that
party
charge
our
Leiturgy
with
any
errour
,
except
of
omission
,
that
it
wanted
something
which
they
would
have
inserted
;
I
wish
theirs
as
free
from
exception
,
to
trie
whether
we
would
shunne
their
communion
in
the
publick
service
of
God
.
Charity
would
rather
chuse
to
want
something
that
was
lawful
,
then
willingly
to
give
occasion
of
offence
.
But
to
lay
the
axe
to
the
root
of
schisme
in
the
third
place
;
the
Papacy
it self
,
(
qu●
talis
,
)
as
it
is
now
maintained
by
many
,
with
superiority
above
general
Councels
,
and
a
Sovereign
power
paramount
to
confirme
or
reject
their
sanctions
,
is
the
cause
either
procreant
,
or
conservant
,
or
both
,
of
all
or
the
most
part
of
the
schismes
in
Christendom
.
To
rebell
against
the
Catholick
Church
and
its
representative
a
general
Councel
,
which
is
the
last
visible
Judge
of
controversies
,
and
the
supreme
Ecclesiastical
Court
,
either
is
grosse
schisme
,
or
there
is
no
such
thing
as
Schismatical
pravity
in
the
world
.
I
say
,
the
Bishops
of
Rome
have
exempted
themselves
and
their
Court
from
the
Jurisdiction
of
an
Oecumenical
Councel
,
and
made
themselves
Sovereign
Monarches
,
and
universal
Bishops
,
in
totius
Ecclesiae
injuriam
&
discissionem
,
to
the
wrong
of
the
Church
,
and
renting
it
in
peeces
,
Contrary
to
their
former
professions
of
obedience
to
the
Ecclesiastical
constitutions
of
Sovereign
Princes
and
Synods
;
Spanish
,
French
,
Dutch
,
assembled
at
Trent
;
contrary
to
the
decrees
of
so
many
Councels
both
general
and
provincial
,
which
have
limited
their
Jurisdiction
,
set
down
the
true
reason
of
their
greatnesse
,
rescinded
their
sentences
,
forbidden
appeales
to
them
,
condemned
their
pragmatical
intrusion
of
themselves
into
the
affairs
of
other
Churches
,
as
being
contrary
to
the
decrees
of
the
Fathers
which
have
judged
them
and
condemned
them
of
heresie
,
schisme
,
Simony
,
and
other
misdemeanours
,
which
have
deposed
them
by
two
or
three
at
●
time
,
whereof
one
was
undoubtedly
the
true
Pope
.
These
things
are
so
obvious
in
the
history
of
the
Church
,
that
it
were
vanity
and
lost
labour
to
prove
them
.
But
especially
contrary
to
the
Councel
of
Constance
and
Basile
,
which
have
decreed
expresly
,
the
Pope
is
subject
to
a
General
Councel
as
well
in
matter
of
faith
,
as
of
manners
;
So
as
he
may
not
onely
be
corrected
;
but
if
he
be
incorrigible
,
●e
deposed
.
This
is
determined
in
the
Councel
of
Constance
,
and
confirmed
in
the
Councel
of
Basil
,
whosoever
opposeth
this
truth
pertinaciously
,
is
to
be
reputed
an
heretick
.
This
decree
of
the
Councel
wounds
deep
,
because
it
is
so
evident
and
clear
in
the
point
,
and
because
the
decrees
thereof
were
confirmed
by
Martine
the
fifth
.
But
the
Romanists
have
found
out
a
salve
for
it
,
That
Pope
Martine
confirmed
onely
those
decrees
which
were
conciliarly
made
,
that
is
,
with
the
influence
and
concurrence
of
the
Pope
;
As
the
condemnation
of
Wickliff
and
Hus:
But
not
those
decrees
which
were
not
conciliarly
made
,
that
is
,
which
wanted
the
influence
of
the
Pope
;
As
the
decree
of
the
Superiority
of
the
Councel
above
the
Pope
.
Which
ought
to
be
understood
(
say
they
)
onely
of
dubious
Popes
.
For
clearing
of
which
doubt
,
I
propose
several
considerations
:
First
,
the
Saints
shall
judge
the
world
,
that
is
,
by
their
doctrine
,
by
their
example
,
and
by
their
approbative
suffrage
,
Iust
ar●
thou
,
O
Lord
,
and
right
are
thy
judgments
.
Authoritative
confirmation
implies
either
a
sole
Legislative
power
,
or
at
least
a
negative
voice
:
Whereas
it
is
as
clear
as
the
light
,
that
the
Popes
anciently
never
had
either
the
one
or
the
other
in
the
Catholick
Church
.
We
meet
with
no
confirmations
of
General
Councels
of
old
,
but
onely
by
the
Emperours
,
whereby
Ecclesiastical
Sanctions
became
civil
Lawes
,
and
obliged
all
the
Subjects
of
the
Empire
under
a
civil
pain
.
Wherefore
it
is
no
matter
whether
the
Pope
confirmed
the
decree
or
not
,
whether
it
was
confirmed
or
unconfirmed
;
it
lets
us
see
what
was
the
Catholique
tradition
,
and
the
sense
of
the
Christian
world
in
those
daies
;
And
we
abide
in
it
.
Secondly
,
But
to
clear
that
passage
from
all
ambiguity
.
There
were
in
the
Councel
of
Constance
the
Deputies
of
the
Nations
as
a
selected
Committee
to
examine
matters
,
and
prosecute
them
,
and
prepare
them
for
the
Councel
.
What
was
done
apart
by
these
Deputies
,
by
this
Committee
,
was
not
conciliarly
done
.
But
what
was
done
in
the
publick
Session
of
the
Councel
,
upon
their
report
,
that
was
conciliarly
done
.
Now
so
it
was
,
that
one
Falkemberch
had
published
a
dangerous
and
seditious
book
,
which
had
been
complained
of
to
the
Deputies
of
the
Nations
,
and
condemned
by
them
:
But
the
conjoynt
body
of
the
Councel
in
their
publick
Session
had
not
condemned
it
conciliarly
.
Yet
after
the
Councel
was
ended
,
and
after
the
Cardinal
had
given
the
Fathers
their
Conge
,
or
leave
to
depart
,
and
dismissed
them
with
Domini
ite
in
pace
,
Fathers
depart
in
peace
;
And
the
Fathers
had
answered
,
Amen
.
When
there
was
nothing
left
to
do
,
but
to
hear
a
Sermon
and
be
gone
,
The
Ambassadours
of
Polonia
and
Lituania
,
very
unseasonably
pressed
the
Pope
to
condemn
that
book
,
alledging
,
that
it
had
been
condemned
by
the
Deputies
of
the
Nations
.
To
which
the
Pope
answered
,
That
he
confirmed
onely
those
Acts
of
the
Councel
which
were
conciliarly
made
.
That
is
to
say
,
Not
the
Acts
of
the
Deputies
of
the
Nations
apart
,
but
the
publick
Acts
of
the
whole
Session
.
This
is
the
genuine
sense
of
that
passage
which
bears
its
own
evidence
along
with
it
,
to
every
one
that
doth
not
wilfully
shut
his
eyes
.
This
was
an
accidental
emergent
,
after
the
Synod
was
ended
,
and
not
the
solemn
purposed
confirmation
.
And
concerning
that
glosse
,
that
the
decree
is
to
be
understood
onely
of
dubious
Popes
,
or
Popes
whose
title
is
litigious
.
As
it
contradicts
the
text
it self
,
which
includes
all
dignitaries
whosoever
,
of
whatsoever
title
peaceable
or
litigious
,
Popes
or
others
;
So
it
is
sufficiently
confuted
by
the
very
execution
of
the
decree
.
An
inferiour
may
declare
the
lawful
right
of
his
Superiour
,
and
where
there
are
divers
pretenders
,
establish
the
possession
in
him
that
hath
the
best
title
.
But
to
make
right
to
be
no
right
,
to
turn
all
pretenders
right
or
wrong
out
of
possession
,
onely
by
the
last
Law
of
Salus
Populi
,
&c.
for
the
tranquillity
of
the
people
,
This
is
a
prerogative
of
Sovereign
Princes
,
and
a
badge
of
Legislative
authority
.
This
was
the
very
case
of
the
Councel
of
Constance
;
They
turned
out
all
pretenders
to
the
Papacy
,
the
right
Pope
and
the
Antipopes
all
together
.
Some
of
them
indeed
by
perswasion
,
but
such
perswasion
as
might
not
be
resisted
;
And
one
whose
title
seemed
clearest
,
which
rendered
their
perswasions
as
unto
him
ineffectual
,
by
plain
power
.
For
so
the
Councel
with
the
consent
and
concurrence
of
Christian
Princes
,
did
find
it
expedient
for
Christendome
.
Lastly
,
though
the
Popes
do
not
abolish
the
order
of
Bishops
,
or
Episcopacy
in
the
abstract
,
yet
they
limit
the
power
of
Bishop●
in
the
concrete
at
their
pleasure
,
by
exemptions
and
reservations
,
holding
themselves
to
be
the
Bishops
of
every
particular
See
in
the
world
,
during
the
vacancy
of
it
;
And
making
all
Episcopal
Jurisdiction
to
flow
from
them
,
and
to
be
founded
in
the
Popes
Lawes
;
Because
it
was
but
delegated
to
the
rest
of
the
Apostles
for
term
of
life
;
But
resided
soly
in
Saint
Peter
as
an
Ordinary
,
to
descend
from
him
to
his
Successours
Bishops
of
Rome
;
And
to
be
imparted
by
them
to
other
Bishops
as
their
Vicars
or
Coadjutours
,
assumed
by
them
into
some
part
of
their
charge
.
By
this
account
the
Pope
must
be
the
universal
or
onely
Bishop
of
the
world
.
The
keyes
must
be
his
gift
,
not
Christs
:
And
all
the
Apostles
except
Saint
Peter
,
must
want
their
Successours
in
Episcopal
Jurisdiction
.
What
is
this
but
to
trample
upon
Episcopacy
,
and
to
make
them
equivocal
Bishops
,
to
dissolve
the
primitive
bonds
of
brotherly
unity
,
to
overthrow
the
discipline
instituted
by
Christ
,
and
to
take
away
the
line
of
Apostolical
Succession
?
The
name
of
Oecumenical
or
universal
Bishop
is
taken
in
three
senses
,
one
without
controversie
lawful
,
one
controverted
whether
lawfull
or
unlawfull
;
And
one
undoubtedly
unlawful
and
Schismatical
.
In
the
first
sense
an
universal
Bishop
signifies
no
more
then
an
eminent
Bishop
of
the
universal
Church
,
implying
an
universality
of
care
and
vigilance
,
but
not
of
Jurisdiction
.
And
in
this
sense
all
the
five
Protopatriarchs
used
more
Emphatically
to
be
caled
universal
Bishops
.
Either
by
reason
of
their
reputation
and
influence
upon
the
universal
Church
or
their
presidence
in
general
Councels
.
In
another
sense
,
an
universal
Bishop
signifies
such
a
Bishop
who
besides
an
universal
care
,
doth
also
challenge
an
universal
Jurisdiction
.
This
was
that
title
which
Iohn
Bishop
of
Constantinople
affected
,
omnibus
praeesse
,
vain
,
profane
,
wicked
,
blasphemous
,
Antichristia●
name
.
Lastly
,
the
name
of
Universal
Bishop
may
be
taken
exclusively
,
for
the
only
Bishop
of
the
world
.
Which
sense
was
far
enough
from
the
intention
either
of
Gregory
the
Great
,
or
Iohn
of
Constantinople
,
who
had
both
of
them
so
many
true
Archbishops
and
Bishops
under
them
.
But
this
sense
agrees
well
enough
with
the
extravagant
ambition
of
the
later
Popes
,
and
of
the
Roman
Court
,
who
do
appropriate
all
original
Jurisdiction
to
themselves
.
So
many
waies
is
the
Court
of
Rome
guilty
of
Schismatical
pravity
.
Besides
these
branches
of
Schisme
,
there
are
yet
two
other
novelties
challenged
by
the
Popes
,
and
their
Parasitical
Courtiers
.
But
neither
these
nor
the
other
yet
defined
by
their
Church
,
both
destructive
to
Christian
unity
,
both
apt
to
breed
and
nourish
,
to
procreate
and
conserve
Schisme
.
An
infallibility
of
judgment
,
and
a
temporall
power
over
Princes
either
directly
or
indirectly
.
General
and
Provincial
Councels
are
the
proper
remedies
of
Schisme
.
But
this
challenge
of
infallibility
diminisheth
their
authority
,
discrediteth
their
definitions
,
and
maketh
them
to
be
superfluous
things
.
What
needs
so
much
expence
?
so
many
consultations
?
so
much
travel
of
so
many
poor
old
fallible
Bishops
from
all
the
quarters
of
the
world
?
when
there
is
an
infallible
Judge
at
Rome
,
that
can
determine
all
questions
in
his
own
conclave
,
But
howsoever
they
tell
us
,
the
first
See
cannot
be
judged
.
I
will
not
trouble
my self
about
the
credit
of
the
authorities
,
whether
they
be
true
or
counterfeit
;
Nor
whether
the
first
See
signifie
Rome
alone
,
or
any
other
of
the
five
Proto-Patriarchates
.
Thus
much
is
certain
,
that
by
judgment
of
discretion
any
private
man
may
judge
the
Pope
,
and
withdraw
from
him
in
his
errours
,
and
resist
him
if
he
invade
either
the
bodies
or
the
soules
of
men
,
as
Bellarmine
confesseth
.
That
in
the
Court
of
Conscience
every
ordinary
Pastour
may
judge
him
,
and
bind
him
,
and
loose
him
,
as
an
ordinary
man
.
And
by
their
leaves
in
the
external
Court
by
coercive
power
if
he
commit
civil
crimes
,
the
Emperour
;
if
Ecclesiastical
,
a
Councel
,
or
the
Emperour
with
a
Councel
may
judge
him
,
and
in
some
cases
declare
him
to
be
fallen
from
his
Papal
dignity
by
the
sentence
of
the
Law
;
in
other
cases
if
he
be
incorrigible
,
depose
him
by
the
sentence
of
the
Judge
.
But
there
is
a
great
difference
between
the
judgment
of
Subjects
,
a●
those
Ecclesiasticks
were
,
and
the
judgment
of
a
Sovereign
Prince
;
between
the
judgment
of
a
General
Councel
,
and
the
judgment
of
an
assembly
of
Suffragans
and
inferiours
.
And
yet
the
Roman
Clergy
are
known
to
have
deposed
Liberius
their
own
Bishop
,
and
justly
.
Or
otherwise
Foelix
their
Martyr
had
been
a
Schismatick
.
Their
other
challenge
of
temporal
power
,
whether
directly
or
indirectly
,
and
in
ordine
ad
spiritualia
,
cannot
chuse
but
render
all
Christians
,
especially
Sovereign
Princes
,
jealous
and
suspicious
of
their
power
,
and
averse
from
the
communion
of
those
persons
,
who
maintain
so
dangerous
positions
so
destructive
to
their
propriety
.
The
power
of
the
ke●es
doth
not
extend
it self
to
any
secular
rights
,
neither
can
Ecclesiastical
censures
alter
or
invalidate
the
Lawes
of
God
and
Nature
,
or
the
municipal
Lawes
of
a
Land
.
All
which
do
injoyn
the
obedience
of
children
to
their
Parents
,
and
of
Subjects
to
their
Sovereignes
.
Gregory
the
seventh
began
this
practice
against
Henry
the
fourth
.
But
what
Gregory
did
bind
upon
earth
,
God
Almighty
did
not
bind
in
heaven
.
His
Papal
blessing
turned
to
a
curse
;
And
instead
of
an
Imperial
Crown
,
Rodolph
found
the
just
reward
of
his
treason
.
The
best
is
,
that
they
who
give
these
exorbitant
priviledges
to
Popes
,
do
it
with
so
many
cautions
and
reservations
,
that
they
signifie
nothing
,
and
may
be
taken
away
with
as
much
ease
as
they
are
given
.
The
Pope
(
say
they
)
is
infallible
,
not
in
his
Chamber
,
but
in
his
Chair
;
not
in
the
premisses
,
but
in
the
conclusion
;
not
in
conclusions
of
matter
of
fact
,
but
in
conclusions
of
matter
of
faith
.
Not
alwaies
in
all
conclusions
of
matter
of
faith
,
but
onely
when
he
useth
the
right
means
and
due
diligence
.
And
who
knoweth
when
he
doth
that
?
So
every
Christian
is
infallible
,
if
●e
would
and
could
keep
himself
to
the
infallible
rule
which
God
hath
given
him
.
Take
nothing
,
and
hold
it
fast
.
So
likewise
for
his
temporal
power
over
Princes
,
they
say
the
Pope
,
not
as
Pope
,
but
as
a
spiritual
Prince
,
hath
a
certain
kind
of
power
,
temporal
,
but
not
meerly
temporal
;
not
directly
,
but
indirectly
,
and
in
order
to
spiritual
things
.
Quo
tencam
vultus
mutantem
Protea
nodo
CHAP.
IX
.
An
Answer
to
the
Objections
brought
by
the
Romanists
,
to
prove
the
English
Protestants
to
be
Schismaticks
.
BUt
it
is
not
enough
to
charge
the
Church
of
Rome
,
unlesse
we
can
discharge
our selves
,
and
acquit
our
own
Church
of
the
guilt
of
Schisme
,
which
they
seek
to
cast
upon
us
.
First
,
they
object
,
that
we
have
separated
our selves
Schismatically
from
the
communion
of
the
Catholick
Church
.
God
forbid
.
Then
we
will
acknowledge
,
without
any
more
to
do
,
that
we
have
separated
our selves
from
Christ
,
and
all
his
holy
Ordinances
,
and
from
the
benefit
of
his
Passion
,
and
all
hope
of
salvation
.
But
the
truth
is
,
I
have
shewed
before
out
of
the
Canons
and
Constitutions
of
our
Church
,
that
we
have
not
separated
our selves
simply
and
absolutely
from
the
communion
of
any
particular
Church
whatsoever
,
even
the
Roman
it self
,
so
far
forth
as
it
is
Catholick
,
but
onely
from
their
errours
wherein
they
had
first
separated
themselves
from
their
predecessours
.
To
this
I
adde
,
that
it
was
not
we
,
but
the
Court
of
Rome
it self
that
first
separated
England
from
the
communion
of
the
Church
of
Rome
,
Secondly
,
we
are
charged
with
Schismatical
contumacy
and
disobedience
to
the
decrees
and
determinations
of
the
General
Councel
of
Trent
.
Olaus
Magnus
intituled
Archbishop
of
Vpsala
;
Or
Sir
Robert
the
Scottish-man
intituled
Archbishop
of
Armagh
?
How
was
that
Generall
,
or
so
much
as
Patriarchal
,
where
so
great
a
part
of
the
West
was
absent
,
wherein
there
were
twice
so
many
Episcopelles
out
of
Italy
,
(
the
Popes
professed
Vassals
,
and
many
of
them
his
hungry
Parasitical
pensioners
,
)
as
there
were
out
of
all
other
Christian
Kingdoms
and
Nations
put
together
?
How
was
that
general
wherein
there
were
not
so
many
Bishops
present
at
the
determination
of
the
weightiest
controversies
,
concerning
the
rule
of
faith
,
and
the
exposition
thereof
,
as
the
King
of
England
could
have
called
together
in
his
own
Dominions
at
any
one
time
upon
a
moneths
warning
?
How
was
that
general
,
which
was
not
generally
received
by
all
Churches
?
even
some
of
the
Roman
Communion
not
admitting
it
.
We
have
seen
heretofore
how
the
French
Ambassadour
in
the
name
of
the
King
and
Church
of
France
protested
against
it
.
And
untill
this
day
though
they
do
not
oppose
it
,
but
acquiesce
,
to
avoid
such
disadvantages
as
must
insue
thereupon
;
yet
they
did
never
admit
it
.
Let
no
man
say
that
they
rejected
the
determinations
thereof
onely
in
point
of
discipline
,
not
of
doctrine
;
for
the
same
Canonical
obedience
is
equally
due
to
an
acknowledged
General
Councell
in
point
of
discipline
,
as
in
point
of
Doctrine
.
And
as
it
was
not
General
,
so
neither
was
it
free
,
Nor
yet
lawfull
in
regard
of
the
place
,
Thirdly
,
To
this
supposed
killing
argument
I
give
three
clear
solutions
.
First
,
That
the
B●itish
Islands
neither
were
,
nor
ought
to
be
subject
to
the
Jurisdiction
of
the
Roman
Patriarch
,
as
hath
been
sufficiently
demonstrated
in
my
third
conclusion
.
For
all
Patriarchal
Jurisdiction
being
of
humane
institution
,
must
proceed
either
from
some
Canon
or
Decree
of
a
General
Councel
,
or
of
such
a
Provincial
Councell
as
had
power
to
oblige
the
Britons
to
obedience
;
Or
from
the
grant
or
concession
of
some
of
their
Sovereign
Princes
,
or
from
the
voluntary
submission
of
a
free
people
;
Or
lastly
,
from
custom
and
prescription
.
If
they
had
any
such
Canon
,
or
Grant
,
or
submission
,
they
would
quickly
produce
it
;
but
we
know
they
cannot
.
If
they
plead
custome
and
prescription
immemorial
,
the
burthen
must
rest
upon
them
to
prove
it
.
But
when
they
have
searched
all
the
Authours
over
and
over
who
have
written
of
British
affaires
in
those
daies
,
and
all
their
Records
and
Registers
,
they
shall
not
be
able
to
find
any
one
Act
,
or
so
much
as
any
one
footstep
,
or
the
least
sign
of
any
Roman
Patriarchal
Jurisdiction
in
Britaigne
,
or
over
the
Britons
for
the
first
600
years
.
And
for
after-ages
the
Roman
Bishops
neither
held
their
old
Patriarchate
,
nor
gained
any
quiet
settled
possession
of
their
new
Monarchy
.
Secondly
,
I
answer
,
That
Patriarchal
power
is
not
of
Divine
right
,
but
humane
institution
.
And
therefore
may
either
be
quitted
or
forfeited
,
or
transferred
.
And
if
ever
the
Bishops
of
Rome
had
any
Patriarchal
Jurisdiction
in
Britaigne
,
yet
they
had
both
quitted
it
,
and
forfeited
it
over
and
over
again
,
and
it
was
lawfully
transferred
.
To
separate
from
an
Ecclesiastical
authority
which
is
disclaimed
and
disavowed
by
the
pretenders
to
it
,
and
forfeited
by
abuse
and
rebellion
,
and
lawfully
transferred
,
is
no
Schisme
.
First
,
in
adjecto
;
The
one
professeth
humane
,
the
other
challengeth
divine
institution
.
The
one
hath
a
limited
Jurisdiction
over
a
certain
Province
,
the
other
pretendeth
to
an
unlimited
Jurisdiction
over
the
whole
World
.
The
one
is
subject
to
the
Canons
of
the
Fathers
,
and
a
meer
executour
of
them
,
and
can
do
nothing
either
against
them
,
or
besides
them
;
The
other
challengeth
an
absolute
Sovereignty
above
the
Canons
,
besides
the
Canons
,
against
the
Canons
,
to
make
them
,
to
abrogate
them
,
to
suspend
their
influence
by
a
non-obsta●te
,
to
dispence
with
them
in
such
cases
wherein
the
Canon
gives
no
dispensative
power
,
at
his
own
pleasure
,
when
he
will
,
where
he
will
,
to
whom
he
will
.
Therefore
to
claime
a
power
paramount
and
Sovereign
Monarchical
Royalty
over
the
Church
,
is
implicitely
and
in
effect
to
disclaime
a
Patriarchal
Aristocratical
dignity
.
So
,
Non
tellus
cymbam
,
tellurem
cymba
reliquit
:
It
was
not
we
that
deserted
our
pretended
Patriarch
,
but
our
pretended
Patriarch
deserted
his
Patriarchal
office
.
So
long
as
the
Popes
contented
themselves
with
Patriarchal
rights
,
they
soared
no
higher
then
to
be
the
executours
of
the
Canons
.
When
Acacius
complained
that
he
was
condemned
by
the
sole
authority
of
the
Roman
Bishop
,
without
a
Synodal
sentence
,
Gelssius
the
Pope
then
pleaded
for
himself
,
that
Acacius
was
not
the
beginner
of
a
new
errour
,
but
the
follower
of
an
old
;
And
therefore
it
was
not
necessary
that
a
new
Synodal
sentence
should
be
given
against
him
,
but
that
the
old
should
be
executed
.
Therefore
(
saith
he
)
I
have
onely
put
an
old
sentence
in
execution
,
not
promulged
a
n●w
.
And
as
they
had
quitted
their
title
,
so
likewise
they
had
forfeited
it
,
Against
this
Supreme
Ecclesiastical
power
the
Popes
have
not
onely
rebelled
themselves
,
but
have
compelled
all
Bishops
under
their
Jurisdiction
to
take
an
oath
to
maintain
their
rebellious
usurpations
.
When
a
President
of
a
Province
shall
rebell
against
his
Sovereign
Prince
,
and
seek
to
usurpe
the
whole
Empire
to
himself
,
and
impose
new
oathes
of
allegiancc
upon
his
fellow-subjects
,
it
is
not
Treason
,
but
Loyalty
in
them
to
thrust
him
by
the
head
and
shoulders
out
of
the
gates
of
their
City
.
When
a
Steward
not
imposed
upon
the
family
by
the
Master
,
but
chosen
in
trust
by
his
fellow-servants
,
during
their
Masters
absence
,
shall
so
far
violate
his
trust
,
that
he
will
by
force
make
himself
the
Master
of
the
family
,
and
usu●pe
a
dominion
,
not
onely
over
his
fellowes
,
but
over
his
Masters
Wife
and
Children
,
and
oblige
his
fellow
servants
to
acknowledge
an
independent
Sovereign
power
in
him
;
it
is
not
want
of
duty
,
but
fidelity
to
substract
their
obedience
from
him
.
This
is
our
case
with
the
Roman
Bishops
.
They
have
sought
to
usurpe
a
dominion
over
the
Catholick
Church
,
the
spouse
of
Christ
,
and
all
their
fellow-servants
.
Then
ought
not
all
good
Christians
to
adhere
to
the
Catholick
Church
,
and
desert
a
schismatical
Patriarch
?
They
have
rebelled
against
the
representative
Church
,
a
general
Councel
,
should
we
involve
our selves
in
their
rebellion
and
perjury
,
by
swearing
to
maintain
and
make
good
their
usurpations
?
I
confesse
,
inferiours
are
not
competent
Judges
of
their
Superiours
.
But
in
this
case
of
a
subordinate
Superiour
,
and
in
a
matter
of
Heresie
or
Schisme
already
defined
by
the
Church
,
the
sentence
of
the
Judge
is
not
necessary
,
the
sentence
of
the
Law
,
and
the
notoreity
of
the
fact
are
sufficient
.
It
is
not
we
that
judge
him
,
but
the
Councels
of
Constance
and
Basile
.
Neither
could
our
Ancestours
hope
to
have
a
General
Councel
suddenly
,
whilest
so
great
a
part
of
Christendom
was
under
the
Turk
;
nor
a
free
Occidental
Councel
,
whilest
the
usurper
had
all
Ecclesiasticall
power
in
his
hands
.
What
remained
then
,
but
to
reform
themselves
?
According
to
the
sage
advice
of
Gerson
,
I
see
that
the
Reformation
of
the
Church
will
never
be
effected
by
a
Councel
,
without
the
presidence
of
a
well
affected
,
wise
and
constant
guide
.
Let
the
Members
therefore
provide
for
themselves
th●oughout
the
Kingdomes
and
Provinces
,
when
they
shall
be
able
,
and
know
h●w
to
compasse
this
work
.
Moreover
,
They
robbed
the
King
of
his
investitures
of
Bishops
,
They
robbed
the
King
of
his
patronages
,
by
their
collations
,
They
robbed
the
Clergy
in
a
manner
of
their
whole
Jurisdiction
by
their
exemptions
,
and
reservations
,
and
visitations
,
and
suspensions
,
and
appeales
,
and
Legantine
Courts
,
and
Nunciatures
,
thrusting
their
sickles
into
every
mans
harvest
.
They
robbed
them
of
their
estates
and
livelihoods
,
by
their
provisions
,
and
pensions
,
by
their
coadjutorships
,
and
first-fruits
,
and
tenths
,
by
the
vast
charge
of
their
investitures
,
and
palles
,
and
I
know
not
how
many
other
sorts
of
exactions
,
and
arbitrary
impositions
.
The
most
ancient
of
these
was
the
pall
,
They
robbed
the
Nobility
and
Commonalty
many
waies
,
as
hath
been
formerly
related
.
If
all
these
were
not
a
sufficient
cause
of
forfeiture
,
certainly
abuse
did
never
forfeit
office
.
And
though
they
had
sometimes
had
a
just
Patriarchal
power
,
Thirdly
,
But
I
shall
wind
up
this
string
a
little
higher
;
Suppose
that
the
whole
body
of
the
Canon
Law
were
in
force
in
England
,
(
which
it
never
was
)
yet
neither
the
Papall
power
which
we
have
cashiered
,
nor
any
part
of
it
was
ever
given
to
any
Patriarch
by
the
ancient
Canons
,
and
by
consequence
the
separation
is
not
Schismatical
,
nor
any
withdrawing
of
Canonical
obedience
.
What
power
a
Metropolitan
had
over
the
Bishops
of
his
own
Province
by
the
Canon
Law
,
the
same
and
no
other
had
a
Patriarch
over
the
Metropolitans
and
Bishops
of
sundry
Provinces
within
his
own
Patriarchate
.
But
a
Metropolitan
anciently
could
do
nothing
out
of
his
own
Diocesse
,
without
the
concurrence
of
the
Major
part
of
the
Bishops
of
his
Province
.
Nor
the
Patriarch
in
like
manner
without
the
advice
and
consent
of
his
Metropolitans
and
Bishops
.
Wherein
then
consisted
Patriarchal
authority
?
In
ordaining
their
Metropolitans
,
(
for
with
inferiour
Bishops
they
might
not
meddle
,
)
or
confirming
them
,
or
imposing
of
hands
,
in
giving
the
Pall
,
in
convocating
Patriarchal
Synods
,
and
presiding
in
them
,
in
pronouncing
sentence
according
to
the
plurality
of
voices
.
(
That
was
when
Metropolitical
Synods
did
not
suffice
to
determine
some
emergent
difficulties
or
differences
.
)
And
lastly
,
in
some
few
honorary
priviledges
,
as
the
acclamation
of
the
Bishops
to
them
at
the
latter
end
of
a
General
Councel
,
and
the
like
,
which
signifie
not
much
.
In
all
this
there
is
nothing
that
we
dislike
or
would
seek
to
have
abrogated
.
Never
any
Patriarch
was
guilty
of
those
exactions
,
extortions
,
incroachments
upon
the
civil
rights
of
Princes
and
their
Subjects
,
or
upon
the
Ecclesiastical
rights
of
Bishops
,
or
of
those
provisions
,
and
pensions
,
and
exemptions
,
and
reservations
,
and
dispensations
,
and
inhibitions
,
and
pardons
,
and
indulgences
,
and
usurped
Sovereignty
,
which
our
Reformers
banished
out
of
England
.
And
therefore
their
separation
was
not
any
waies
from
Patriarchal
authority
.
I
confesse
,
that
by
reason
of
the
great
difficulty
and
charge
of
convocating
so
many
Bishops
,
and
keeping
them
so
long
together
untill
all
causes
were
heard
and
determined
;
And
by
reason
of
those
inconveniencies
which
did
fall
upon
their
Churches
in
their
absence
,
Provincial
Councels
were
first
reduced
from
twice
to
once
in
the
year
,
and
afterwards
to
once
in
three
years
.
And
in
processe
of
time
the
hearing
of
appeales
and
such
like
causes
,
and
the
execution
of
the
Canons
in
that
behalf
,
were
referred
to
Metropolitans
,
untill
the
Papacy
swallowed
up
all
the
authority
of
Patriarchs
,
and
Metropolitans
,
and
Bishops
.
Serpens
serpentem
nisi
ederet
,
non
fieret
draco
.
Peradventure
it
may
be
urged
in
the
fourth
place
,
That
Gregory
the
Great
,
who
by
his
Ministers
was
the
first
converter
of
the
English
Nation
,
about
the
six
hundreth
year
of
our
Lord
,
did
thereby
acquire
to
himself
and
his
Successours
a
Patriarchal
authority
and
power
over
England
for
the
future
.
We
do
with
all
due
thankfulnesse
to
God
,
and
honourable
respect
to
his
memory
,
acknowledge
,
that
that
blessed
Saint
was
the
chief
instrument
under
God
,
to
hold
forth
the
first
light
of
saving
truth
to
the
English
Nation
,
who
did
formerly
sit
in
darknesse
and
in
the
shadow
of
death
,
whereby
he
did
more
truly
merit
the
name
of
Great
,
then
by
possessing
the
chair
of
Saint
Peter
.
And
therefore
whilest
the
sometimes
flourishing
,
now
poor
persecuted
Church
of
England
shall
have
any
being
Semper
honos
nomenque
suum
laudesque
man●bunt
.
But
whether
this
benefit
did
intitle
Saint
Gregory
and
his
Successours
to
the
Patriarchate
of
all
or
any
part
of
the
British
Islands
,
First
,
consider
,
that
at
that
time
,
and
untill
this
day
,
half
of
Britaigne
it self
,
and
two
third
parts
of
the
Britannique
Islands
did
remain
in
the
possession
of
the
Britons
,
or
Scottish
and
Irish
,
who
still
continued
Christians
,
and
had
their
Bishops
and
Protarchs
,
or
Patriarchs
of
their
own
,
from
whom
we
do
derive
in
part
our
Christianity
,
and
holy
orders
,
and
priviledges
.
Without
all
controversie
the
conversion
of
the
Saxons
by
Saint
Gregory
could
not
prejudice
the
just
liberties
of
them
or
their
Successours
.
Secondly
,
consider
,
that
the
half
of
Britaigne
which
was
conquered
and
possessed
by
the
Saxons
,
was
not
soly
and
altogether
peopled
by
Saxons
.
A
world
of
British
Christians
did
remain
and
inhabit
among
the
Conquerours
.
For
we
do
not
find
,
either
that
the
Saxons
did
go
about
to
extirpate
the
British
Nation
,
or
compell
them
to
turn
Renegadoes
from
their
Religion
,
or
so
much
as
demolish
their
Churches
.
But
contented
themselves
to
chase
away
persons
of
eminency
,
and
parts
,
and
power
,
whom
they
had
reason
to
suspect
and
fear
:
And
made
use
of
vulgar
persons
,
and
spirits
,
for
their
own
advantage
.
This
is
certain
,
that
Britaigne
being
an
Island
,
whither
there
is
no
accesse
by
land
,
all
those
who
were
transported
,
or
could
have
been
transported
by
Sea
on
such
a
suddain
,
could
not
of
themselves
alone
in
probability
of
reason
,
have
planted
or
peopled
the
sixth
part
of
so
much
land
as
was
really
possessed
by
the
Saxons
.
And
therefore
we
need
not
wonder
if
Queen
Bertha
a
Gall●ise
and
a
Christian
,
did
find
a
Congregation
of
Christians
at
Canterbury
to
joyn
with
her
in
her
Religion
,
and
a
Church
called
Saint
Martins
builded
to
her
hand
;
Thirdly
,
consider
,
That
all
that
part
of
Britaigne
which
was
both
conquered
and
inhabited
by
the
Saxons
,
was
not
one
intire
Monarchy
,
but
divided
into
seven
distinct
Kingdoms
,
which
were
not
so
suddenly
converted
to
the
Christian
faith
,
all
at
once
,
but
in
long
tract
of
time
,
long
after
Saint
Gregory
slept
with
his
fathers
,
upon
several
occasions
,
by
several
persons
.
It
was
Kent
and
some
few
adjacent
Counties
that
was
converted
by
Austine
.
It
is
true
,
that
Ethelb●rt
King
of
Kent
after
his
own
conversion
,
did
indeavour
to
have
planted
the
Christian
faith
both
in
the
Kingdomes
of
Northumberland
and
the
East
Angles
,
with
fair
hopes
of
good
successe
for
a
season
.
But
alas
,
it
wanted
root
.
Within
a
short
time
both
Kings
and
Kingdoms
apostated
from
Christ
,
and
forsook
their
Religion
.
The
Kingdoms
of
the
West
Saxons
and
of
the
South
Saxons
under
Kingils
their
King
,
West
Saxons
,
An.
612.
who
did
unite
the
heptarchy
into
a
Monarchy
,
were
converted
by
the
preaching
of
Berinus
an
Italian
,
by
the
perswasions
of
Oswald
King
of
Northumberland
.
Osw●ld
King
of
Northumberland
was
baptized
in
Scotland
,
and
Religion
luckily
planted
in
that
Kingdome
by
Aidan
a
Scottish
Bishop
.
Fourthly
,
consider
,
that
the
conversion
of
a
Nation
to
the
Christian
faith
,
is
a
good
ground
in
equity
(
all
other
circumstances
concurring
,
)
why
they
should
rather
submit
themselves
,
or
a
General
Councel
assign
them
to
that
See
that
converted
them
,
then
to
any
other
Patriarchate
.
As
was
justly
pleaded
in
the
case
between
the
Bishops
of
Rome
and
Constantinople
,
about
the
right
of
Jurisdiction
over
the
Bulgarians
.
But
the
conversion
of
a
Nation
is
no
ground
at
all
to
invest
their
converter
presently
with
Patriarchal
authority
over
them
,
or
any
Ecclesiastical
superiority
,
especially
where
too
great
a
distance
of
place
doth
render
such
Jurisdiction
uselesse
and
burthensome
.
And
most
especially
where
it
cannot
be
done
without
prejudice
to
a
former
owner
,
thrust
out
of
his
just
right
meerly
by
the
power
of
the
sword
,
(
as
the
British
Primates
were
,
)
Or
to
the
subjecting
of
a
free
Nation
to
a
forreign
Prelate
,
without
or
beyond
their
own
consent
.
In
probability
of
reason
the
Britons
ought
their
first
conversion
to
the
Eastern
Church
,
as
appeareth
by
their
accord
with
them
in
baptismal
rites
,
and
the
observation
of
Easter
;
Yet
never
were
subject
to
any
Eastern
Patriarch
.
Sundry
of
our
British
and
English
Bishops
have
converted
forreign
Nations
,
yet
never
pretended
to
any
Jurisdiction
over
them
.
Fifthly
and
lastly
,
consider
,
That
whatsoever
title
or
right
S.
Gregory
did
acquire
,
or
might
have
acquired
by
his
piety
and
deserts
towards
the
English
Nation
,
it
was
personal
,
and
could
not
descend
from
him
to
such
Successours
,
who
both
forfeited
it
many
waies
,
and
quickly
(
within
four
or
five
years
)
after
his
death
quitted
their
Patriarchate
,
and
set
an
higher
title
to
a
spirituall
Monarchy
on
foot
,
whilest
the
most
part
of
England
remained
yet
Pagan
,
when
Pope
Boniface
did
obtain
of
Phoeas
the
usurper
,
(
an
usurping
Pope
from
an
usurping
Emperour
)
to
be
universal
Bishop
.
Their
Canon-shot
is
past
,
that
which
remains
is
but
a
small
volly
of
Muskets
.
They
adde
,
that
we
have
schismatically
separated
our selves
from
the
Communion
of
our
Ancestours
,
whom
we
believe
to
be
damned
.
That
we
have
separated
our selves
from
our
Ecclesiastical
predecessours
,
by
breaking
in
sunder
the
line
of
Apostolical
succession
,
whilest
our
Presbyters
did
take
upon
them
to
Ordain
Bishops
,
and
to
propagate
to
their
Successours
more
then
they
received
from
their
predecessours
.
That
our
Presbyters
are
but
equivocall
Presbyters
,
wanting
both
the
right
matter
and
form
of
Presbyterial
ordination
.
To
extinguish
the
order
is
more
schismatical
,
then
to
decline
their
authority
.
And
lastly
,
that
we
derive
our
Episcopal
Jurisdiction
from
the
Crown
.
First
,
for
our
natural
Fathers
,
the
answer
is
easie
.
We
do
not
condemn
them
,
nor
separate
our selves
from
them
;
Charity
requires
us
both
to
think
well
and
speak
well
of
them
.
But
prudence
commands
us
likewise
to
look
well
to
our selves
.
who
can
tell
how
oft
he
offendeth
?
The
second
accusation
of
Priests
consecrating
Bishops
,
These
authentick
evidences
being
upon
occasion
produced
out
of
our
Ecclesiasticall
Courts
,
and
deliberately
perused
and
viewed
by
Father
Oldcorn
the
Jesuit
,
he
both
professed
himself
clearly
convinced
of
that
whereof
he
had
so
long
doubted
,
(
that
was
the
legitimate
succession
of
Bishops
and
Priests
in
our
Church
,
)
and
wished
heartily
towards
the
reparation
of
the
breach
of
Christendome
,
that
all
the
world
were
so
abundantly
satisfied
as
he
himself
was
.
Blaming
us
as
partly
guilty
of
the
grosse
mistake
of
many
,
for
not
having
publickly
and
timely
made
known
to
the
world
the
notorious
falshood
of
that
empty
but
far
spread
aspersion
against
our
succession
.
As
for
our
parts
,
we
believe
Episcopacy
to
be
at
least
in
Apostolical
institution
,
approved
by
Christ
himself
in
the
Revelation
,
ordained
in
the
infancy
of
Christianity
as
a
remedy
against
Schisme
;
And
we
blesse
God
that
we
have
a
clear
succession
of
it
:
Our
matter
and
form
in
the
Ordination
of
Presbyters
is
imposition
of
hands
;
Receive
the
Holy
Ghost
,
whose
sins
thou
doest
forgive
,
they
are
forgiven
;
And
whose
sins
thou
doest
retain
,
they
are
retained
,
Be
thou
a
faithful
dispenser
of
the
Word
and
Sacraments
.
The
form
most
agreeable
to
the
Gospel
,
practised
throughout
the
Occidentall
Church
for
a
thousand
yeares
,
approved
by
the
Fathers
,
and
by
the
most
found
and
learned
Roman
Catholicks
themselves
.
The
form
of
Ordination
in
the
Greek
Church
is
no
more
but
this
,
Imposition
of
hands
,
and
these
words
,
The
Divine
Grace
which
alwaies
cureth
that
which
is
infirm
,
doth
create
[
or
promote
]
A.
B.
a
venerable
sub-Deacon
to
be
a
Deacon
,
or
a
venerable
Deacon
to
be
a
Priest
,
or
a
Priest
beloved
of
God
to
be
a
Bishop
.
And
yet
no
man
ever
doubted
of
the
validity
of
their
Ordination
,
but
they
did
alwaies
,
and
do
at
this
day
execute
their
functions
in
the
Roman
Church
;
And
discharge
all
duties
belonging
to
their
respective
orders
,
as
freely
as
in
the
Greek
Church
it self
.
We
have
the
same
matter
that
they
have
,
we
have
the
form
more
fully
then
they
have
,
the
Romanists
themselves
being
Judges
.
Then
what
madnesse
is
it
to
allow
of
their
Ordination
,
and
dispute
of
ours
,
and
upon
a
pretended
defect
in
matter
or
form
,
to
drive
men
to
be
re-ordained
.
Is
not
this
to
have
the
faith
of
our
Lord
Iesus
Christ
in
respect
of
persons
?
These
grounds
are
over-weighty
to
be
counterbalanced
by
the
tradition
of
the
patine
and
of
the
chalice
.
An
upstart
custom
or
innovation
,
confirmed
but
the
other
day
by
the
decree
of
Eugenius
the
4th
.
Neither
do
we
draw
or
derive
any
spiritual
Jurisdiction
from
the
Crown
:
Therefore
our
Law
provides
,
that
nothing
shall
be
judged
heresie
with
us
denovo
,
but
by
the
high
Court
of
Parliament
,
wherein
our
Bishops
did
alwaies
bear
a
part
,
with
the
assent
(
that
is
more
then
advice
)
of
the
Clergy
in
their
Convocation
.
In
summe
,
we
hold
our
benefices
from
the
King
,
but
our
offices
from
Christ
.
The
King
doth
nominate
us
,
but
Bishops
do
ordain
us
.
I
touch
these
things
more
briefly
now
,
because
I
have
handled
them
more
at
large
in
a
full
answer
to
all
the
objections
brought
by
S.
N.
Doctour
of
Theology
in
the
twentieth
Chapter
of
the
guide
of
faith
,
or
the
third
part
of
his
Antidote
against
our
holy
Orders
,
our
Jurisdiction
,
and
power
to
expound
Scripture
.
Which
if
God
send
opportunity
,
may
if
it
be
thought
convenient
perhaps
one
day
see
the
light
.
The
confounding
of
those
two
distinct
acts
intimated
by
me
in
this
paragraph
,
that
is
,
nomination
or
election
,
with
ordination
or
consecration
hath
begotten
many
mistakes
in
the
world
on
several
sides
.
Among
which
the
respect
I
owe
to
the
British
Churches
will
not
permit
me
to
passe
by
one
untouched
.
I
have
read
related
,
sent
to
Oswald
King
of
Northumberland
for
the
conversion
of
his
people
from
the
Island
of
Hy
,
wherein
was
one
of
the
principal
Monasteries
of
the
N●rthern
or
Ulster
Scots
,
&c.
Sicque
eum
ordinantes
ad
praedicandum
miserunt
,
So
the
Colledge
ordaining
him
Bishop
sent
him
to
preach
.
As
likewise
of
Columbanus
his
coming
into
Britaigne
,
Habere
autem
solet
ipsa
insula
rectorem
semper
Abbatem
Presbyterum
,
cujus
juri
&
omnis
Provincia
,
&
ipsi
etiam
Episcopi
ordine
inusitato
debeant
esse
subjecti
.
That
Island
used
to
have
a
Governour
an
Abbat
a
Presbyter
,
to
whose
jurisdiction
both
the
whole
Provincee
,
and
the
Bishops
themselves
by
an
unusual
order
ought
to
be
subject
.
communis
quodammod●
Anglorum
omnium
regula
,
I
honour
Bede
as
the
light
of
his
age
,
who
justly
gained
to
himself
the
name
of
Venerable
throughout
the
Occidental
Church
.
And
I
doubt
not
but
he
writ
what
he
heard
.
But
certainly
he
could
not
have
such
clear
distinct
knowledge
of
particular
circumstances
as
they
who
have
been
upon
the
place
,
and
seen
the
records
thereof
.
First
,
there
is
a
great
mistake
in
the
person
;
Columba
and
Columbanus
lived
both
in
the
same
age
,
but
Columbanus
was
much
the
younger
,
who
propagated
Christian
Religion
much
,
but
it
was
in
other
parts
of
the
world
.
It
was
not
Columbanus
but
Col●mba
that
converted
the
British
Scots
,
and
founded
both
the
Bishoprick
of
Derry
by
another
name
,
and
the
Abby
of
Derry
.
And
likewise
the
Bishoprick
of
the
Isles
in
Scotland
,
and
the
Abby
of
Iona
,
he
whom
the
Irish
call
to
this
day
Columkill
,
quia
multarum
cellarum
Pater
,
(
as
his
own
Scholar
gives
the
reason
in
the
description
of
his
life
,
)
because
he
was
the
Father
or
founder
of
many
Churches
or
Celles
.
Secondly
,
they
confound
the
places
,
the
Abby
of
Derry
or
Derrimagh
,
quod
lingua
Scotorum
significat
campum
roborum
,
(
saith
Bede
,
)
which
in
Irish
(
that
was
the
ancient
Scottish
)
signifies
a
field
or
plain
of
Oakes
,
which
was
indeed
situated
in
the
territories
of
the
Northern
Vlster
Scots
,
with
the
Abby
of
Iona
situated
in
Britaigne
.
Thirdly
,
they
confound
the
actions
,
mission
which
is
no
more
then
nomination
or
election
,
with
Ordination
or
consecration
.
Who
so
proper
to
chuse
a
Bishop
as
the
Chapiter
?
So
was
that
Convent
until
the
Reformation
.
Who
so
proper
to
Ordain
as
the
Bishop
▪
For
neither
Derry
nor
the
Isles
,
did
ever
want
a
Bishop
from
their
first
conversion
.
So
,
referendo
singula
singulis
,
the
words
of
Bede
are
plain
,
the
Chapiter
named
,
and
the
Bishop
Ordained
.
Fourthly
,
they
mistake
the
subjection
.
The
Abbat
was
the
Lord
of
the
Manour
,
and
so
the
Bishop
was
subject
to
the
Abbat
in
temporalibus
.
But
the
Abbat
was
every
where
subject
to
the
Bishop
in
spiritualibus
,
who
did
annually
visite
both
the
Abby
and
the
Abbat
,
as
by
the
visitation-rolles
and
records
,
(
if
these
intestine
wars
have
not
made
an
end
of
them
)
may
appear
.
You
see
upon
what
conjecturall
grounds
Criticks
many
times
build
new
paradoxes
,
which
one
latent
circumstance
being
known
,
is
able
to
disperse
and
dissipate
,
with
all
their
probable
presumptions
.
If
it
had
not
been
thus
,
It
is
no
new
thing
for
an
Abbat
to
challenge
Episcopal
Jurisdiction
,
or
to
contend
with
his
Bishop
about
it
.
What
is
this
to
meer
Presbyters
,
qua
tales
?
Lastly
,
they
contradict
Venerable
Bede
.
He
saith
it
was
ordine
inusitato
,
by
an
unusuall
order
.
They
say
it
was
in
a
manner
the
common
rule
of
all
the
English
.
And
this
they
say
upon
pretence
of
a
decree
of
the
Councel
of
Hereford
,
that
such
Bishops
as
had
voluntarily
professed
Monkery
,
should
perform
their
promised
obedience
.
Which
is
altogether
impertinent
to
their
purpose
.
Doth
any
man
doubt
whether
Bishops
might
freely
of
their
own
accord
enter
into
a
religious
Order
?
or
that
they
were
not
as
well
obliged
to
perform
their
vow
as
others
?
Some
Emperours
have
done
the
same
.
Yet
no
man
will
conclude
from
thence
,
that
Emperours
are
inferiour
to
Abbats
.
Such
mistakes
are
all
their
instances
,
except
they
light
by
chance
upon
an
unformed
Church
,
This
is
part
of
that
which
we
have
to
say
for
a
proper
Patriarchate
,
and
for
our
exemption
from
the
Jurisdiction
of
the
Roman
Court
,
from
which
our
separation
is
much
wider
then
from
the
Roman
Church
.
Other
differences
may
make
particular
breaches
,
but
the
Roman
Court
makes
the
universal
Schisme
between
them
and
all
the
rest
of
the
Christian
world
,
and
hath
been
much
complained
of
,
and
in
part
shaken
off
by
some
of
their
own
communion
.
I
could
wish
with
all
my
heart
that
they
were
as
ready
to
quit
their
pretended
prerogatives
,
which
not
we
alone
,
but
all
the
world
except
themselves
,
and
a
great
part
of
themselves
privately
,
so
condemn
,
as
we
should
be
to
wave
our
just
priviledges
,
and
if
need
were
to
sacrifice
them
to
the
common
peace
of
Christendome
.
This
was
a
more
noble
and
a
more
speedy
way
to
a
re●union
,
then
a
Pharisaical
compassing
of
Sea
and
Land
to
make
particular
Proselytes
,
of
all
those
whom
either
a
natural
levity
,
or
want
of
judgment
,
or
discontent
,
or
despair
to
see
the
Church
of
England
re-established
,
or
extream
poverty
,
and
expectation
of
some
supply
,
have
prepared
for
their
baits
;
whom
they
do
not
court
more
untill
they
have
gained
them
,
then
they
neglect
after
they
think
they
have
them
sure
,
as
daily
experience
doth
teach
〈◊〉
.
CHAP.
X.
Th
Conclusion
of
this
Treatise
.
THis
is
the
Treatise
of
Schisme
intimated
in
my
answer
to
Monsi●ur
de
la
militiere
,
but
not
promised
by
me
,
who
know
nothing
of
the
impression
,
nor
should
have
judged
it
proper
to
give
an
English
answer
to
a
French
Author
.
Howsoever
being
published
I
own
it
,
except
the
errors
of
the
Presse
.
Among
which
I
desire
the
Christian
Reader
to
take
notice
especially
of
one
,
because
it
perverts
the
sense
.
p.
65.
l.
21.
for
[
neither
do
you
]
●
read
[
moreover
you
do
]
It
is
noted
in
the
margent
.
They
who
have
composed
minds
free
from
distracting
cares
,
and
meanes
to
maintain
them
,
and
friends
to
assist
them
,
and
their
books
and
notes
by
them
,
do
little
imagine
with
what
difficulties
poor
Exiles
struggle
,
whose
minds
are
more
intent
on
what
they
should
eat
to
morrow
,
then
what
they
should
write
,
being
chased
as
Vagabonds
into
the
mercilesse
world
to
beg
relief
of
strangers
.
An
hard
condition
,
that
when
the
meanest
creatures
are
secured
from
that
fear
of
wanting
necessary
sustenance
,
by
the
bounty
of
God
and
nature
:
that
onely
men
the
best
of
creatures
,
should
be
subjected
to
it●
by
undeserved
cruelty
.
Peruse
all
the
Histories
of
the
latest
wars
,
among
Dutch
,
French
,
Swedes
,
Danes
,
Spaniards
,
Poles
,
Tartars
and
Turks
,
and
you
shall
not
meet
with
the
like
hard
measure
.
Did
the
King
of
Spain
conqner
a
Town
from
the
Hollanders
?
He
acquired
a
new
Dominion
,
but
the
property
of
private
men
continued
the
same
.
Did
the
Hollanders
take
in
a
Town
from
the
Spaniard
?
they
made
provision
for
the
very
Cloisterers
,
during
their
lives
.
So
did
our
Henry
the
eighth
also
at
the
dissolution
of
the
Abbies
.
Violent
things
last
not
long
.
Or
if
Exiles
can
subsist
without
begging
,
yet
they
are
necessitated
to
do
or
suffer
things
otherwise
not
so
agreeable
to
them
.
Wherein
they
deserve
the
pity
of
all
good
men
.
When
Alexander
had
conquered
Darius
,
and
found
many
Grecians
in
his
Army
,
he
commanded
to
detain
the
Athenians
prisoners
,
When
the
free
exereise
of
the
Roman
Religion
was
prohibited
in
E●gland
,
and
they
wanted
Seminaries
at
home
for
the
education
of
their
youth
,
and
means
of
Ordination
;
Yet
by
the
bounty
of
forreign
Princes
,
and
much
more
by
the
free
contribution
of
our
own
Countrey-men
of
that
communion
,
they
had
Colledges
founded
abroad
for
their
subsistance
.
So
careful
were
they
to
propagate
and
perpetuate
their
Religion
in
their
native
Countrey
.
The
last
age
before
these
unhappy
tro●bles
was
as
fruitful
in
works
of
piety
and
charity
done
by
Protestants
,
as
any
one
preceding
age
sin●e
the
conversion
of
Britaign●
.
And
although
we
cannot
hope
for
that
forreign
assistance
which
they
found
,
yet
might
we
have
expected
a
larger
supply
from
home
,
by
as
much
as
our
professours
are
much
more
numerous
then
theirs
were
.
Hath
the
sword
devoured
up
all
the
charitable
Obadiahs
.
in
our
Land
?
Or
is
there
no
man
that
layes
the
affliction
of
Ioseph
to
heart
?
Yet
God
that
maintained
his
people
in
the
Wildernesse
without
the
ordinary
supply
of
food
or
rayment
,
will
not
desert
us
,
untill
he
turn
our
captivity
as
the
rivers
in
the
South
.
Where
humane
help
faileth
,
Divine
begins
.
But
to
draw
to
a
conclusion
:
We
have
seen
in
this
short
Treatlse
how
the
Court
of
Rome
hath
been
the
cause
of
all
the
differences
and
broiles
between
the
Emperours
with
other
Christian
Princes
and
States
,
and
the
Popes
.
We
have
seen
that
from
the
excesses
,
abuses
,
innovations
and
extortions
of
that
Court
,
have
sprung
all
the
Schismes
of
the
Eastern
and
Western
Church
,
and
of
the
Occidentall
Church
within
it self
.
We
have
heard
the
confession
of
Pope
Adrian
,
that
for
some
yeares
by-past
many
things
to
be
abominated
had
been
in
that
holy
See
,
abuses
in
spiritual
matters
,
excesses
in
commands
,
and
all
things
out
of
order
.
We
have
heard
his
promise
to
endeavour
the
Reformation
of
his
own
Court
,
from
whence
pe●adventure
all
the
evil
did
spring
,
that
as
corruption
did
flow
from
thence
to
the
inferiour
parts
,
so
might
health
and
Reformation
.
To
which
he
accounted
himself
so
much
more
obliged
,
by
how
much
he
did
see
the
whole
world
greedily
desire
a
Reformation
.
We
have
viewed
the
representation
which
nine
selected
Cardinals
and
Prelates
did
make
upon
their
oathes
to
Paul
the
third
:
That
this
lying
flattering
pri●ciple
,
that
the
Pope
is
the
Lord
of
all
benefices
,
and
therefore
could
not
be
Simo●iacall
,
was
the
fountain
from
whence
as
from
the
Trojan
horse
so
many
abuses
,
and
so
gri●vou
:
diseases
had
〈…〉
into
the
Church
,
and
brought
it
to
a
desperate
condition
,
to
the
d●rision
of
Christian
Religion
,
and
blasp●eming
of
the
Name
of
Christ
,
and
that
the
cure
must
begin
there
,
from
whenc●
the
disease
did
sp●ing
.
We
may
remember
the
memorial
of
the
King
of
Spain
,
and
the
whole
Kingdome
of
Castile
,
That
the
abuses
of
the
Court
of
Rom●
gave
occasion
to
all
the
Reformations
and
Schisme●
of
the
Church
.
And
the
complaint
of
the
King
and
Kingdom
of
Portugal
,
That
for
these
reasons
many
Kingdomes
had
withdrawn
their
obedience
and
reverential
respect
from
t●e
Church
of
Rome
.
These
were
no
Protestants
.
The
first
step
to
health
,
is
to
know
the
true
cause
of
our
disease
.
It
hath
been
long
debated
whether
the
Protestant
and
Roman
Churches
be
reconciliable
or
not
.
Far
be
it
from
me
to
make
my self
a
Judge
of
that
Controversie
.
Thus
much
I
have
observed
,
that
they
who
understand
the
sewest
controversies
make
the
most
,
and
the
greatest
.
If
questions
were
truly
stated
by
moderate
persons
,
both
the
number
and
the
height
would
be
much
abated
.
Many
differences
are
grounded
upon
mistakes
of
one
anothers
sense
.
Many
are
meer
logomachies
or
contentions
about
words
.
Many
are
meerly
Scholastical
above
the
capacity
and
apprehension
of
ordinary
brains
.
And
many
doubtlesse
are
real
both
in
credendis
and
agendis
,
both
in
doctrine
and
discipline
.
But
whether
the
distance
be
so
great
,
or
how
far
any
of
these
are
necessary
to
salvation
,
or
do
intrench
upon
the
fundamentals
of
Religion
,
requires
a
serious
,
judicious
,
and
impartial
consideration
.
There
is
great
difference
between
the
reconciliation
of
the
persons
,
and
the
reconciliation
of
the
opinions
.
Men
may
vary
in
their
judgments
,
And
yet
preserve
Christian
unity
and
charity
in
their
affections
,
one
towards
another
,
so
as
the
errours
be
not
destructive
to
fundamental
Articles
.
I
determine
nothing
,
but
onely
crave
leave
to
propose
a
question
to
all
moderate
Christians
,
who
love
the
peace
of
the
Church
,
and
long
for
the
re-union
thereof
.
In
the
first
place
,
if
the
Bishop
of
Rome
were
reduced
from
his
universality
of
Sovereign
Jurisdiction
,
jure
Divino
,
to
his
principium
unitatis
,
and
his
Court
regulated
by
the
Canons
of
the
Fathers
,
which
was
the
sense
of
the
Councels
of
Constance
and
Basile
,
and
is
desired
by
many
Roman
Catholicks
as
well
as
we
.
Secondly
,
if
the
Creed
or
necessary
points
of
faith
were
reduced
to
what
they
were
in
the
time
of
the
four
first
Oecumenical
Councels
,
according
to
the
decree
of
the
third
General
Councel
,
Conc.
Eph
,
Part.
2.
Act.
6.
c.
7.
(
Who
dare
say
that
the
faith
of
the
primitive
Fathers
was
insufficient
?
)
Admitting
no
additional
Articles
,
bur
onely
necessary
explications
;
And
those
to
be
made
by
the
authority
of
a
General
Councel
,
or
one
so
general
as
can
be
convocated
:
And
lastly
,
supposing
,
that
some
things
from
whence
offences
either
given
or
taken
,
(
which
whether
right
or
wrong
,
do
not
weigh
half
so
much
as
the
unity
of
Christians
,
)
were
put
out
of
divine
offices
,
which
would
not
●e
refused
if
animosities
were
taken
away
,
and
charity
restored
;
I
say
,
in
case
these
three
things
were
accorded
,
which
seem
very
re●sonable
demands
,
whether
Christians
might
not
live
in
an
holy
communion
,
and
joyn
in
the
same
publick
worship
of
God
,
free
from
all
Schismatical
separation
of
themselves
one
from
another
,
notwithstanding
diversities
of
opinions
,
which
prevail
even
among
the
members
of
the
same
particular
Chrches
,
both
with
them
and
us
.
FINIS
.