DIVINITY SCHOOL
TROWBRIDGE LIBRARY

Catholic g>afcguati>s

AGAINST THE

ERRORS, CORRUPTIONS, AND NOVELTIES

CHURCH OF ROME;

BICING DISCOURSES AND TRACTS, SELECTED FROM THE WORKS OF
EMINENT DIVINES OF THE CHURCH OF ENGLAND, WHO LIVED
DURING THE SEVENTEENTH CENTURY.

JAMES BROGDEN, M.A., of Trinity College, Cambridge,
AND VICAK OF DEDDINGTON, OXON.

WITH PREFACE, RECORDS, AND AN INDEX.

IN THKEE VOLUMES.— VOL. III.

LONDON:
JOHN MURRAY, ALBEMARLE STREET:
1851.

London;
Spottiswoodbs and Shaw,
New-Btreet-Square.

PREFACE

THE THIRD VOLUME.

The Editor, at the outset of this work, which is only made
up from the works of others, never wished to engage him
self, by writings of his own, in religious controversy, and
especially on those points of difference which exist between
the Church of England and the Church of Rome, and which
have been so ably managed on both sides.
It is his belief that careful reference to the teaching1 of
our great divines, who lived during the seventeenth century,
will always prove the surest safeguard of the Church of
England against her adversaries ; and he is not so pre
sumptuous as to seek to be more than a faithful guide to
direct students in the right way.
It has thus been his endeavour that this work may prove
of service ; and, if it meets with sufficient encouragement,
the original plan of extending it to five volumes will be car
ried into effect by the publication of a second series.
The contents of the first Volume concern the Catholic
Church, the differences which exist between the Church of
England and the Church of Rome, and a just Vindication
of the Church of England from the unjust aspersion of
Criminal Schism. A 2

IV PREFACE.
The second Volume contains treatises on points of con
troversy which relate to " the Errors, Corruptions, and
Novelties of the Church of Rome."
The third Volume is confined to one subject — the Royal
Supremacy ; and the Appendix records documents which
extend from the mission of St. Augustine, by St. Gregory
the Great, to the Papal Usurpation, now attempted to be
made in England by Pope Pius IX.
The Editor has added an analytical Index, in order to
make the work complete.
Regarding the Appendix, which is the only part of
Catholic Safeguards for which any immediate authorship
may be claimed, the Editor is ready to meet his full respon
sibility. It is arranged by him, not as an Ecclesiastic, least of all
as a Controversialist, but as an Englishman, on the subject
of British law, in matters of fact, with regard to due obe
dience to the Sovereign.
He trusts that it may prove subsidiary to those masterly
statements made in the legal reports of Sir John Davis and
Lord Chief Justice Coke.
Cawdry's case, though assailed by an eminent Roman
Catholic writer (Parsons), and by Collier, the learned non-
juring historian, has never yet ceased to be respected by the
judgment of great legal authorities ; but, on the contrary,
was fully noticed, and its principles reasserted by the Lord
Lyndhurst (then Lord Chancellor), the Lords Denman,
Campbell, and other law Lords of Parliament, by declara
tions made by them, in the House of Lords, during discus
sion of the Religious Opinions Relief Act, passed in the
year 1846.
The claim of supreme ordinary jurisdiction, as now made
by the Pope, to the fullest extent, according to the Canon
Law of the Apostolic See, was never allowed in England
during Roman Catholic times.

PREFACE. V
As an instance of this fact, that part of the Canon Law
which legitimatised those born before matrimony, provided
their parents were afterwards married, was, by the statute of
Merton, expressly repudiated, in those memorable words,
" Nolumus leges Anglise mutari."
It is scarcely necessary to add, regarding Appeals, the
8th Canon of the Council of Clarendon : —
" De appellationibus si emerserint, ab archidiacono de-
bebit procedi ad episcopum, ab episcopo ad archiepiscopum,
et si archiepiscopus defuerit in justitia exhibenda, ad domi-
num regem perveniendum est postremo, ut prsecepto ipsius
in curia archiepiscopi controversia terminetur ; ita quod non
debeat ultra procedi absque assensu domiui regis."
The dooms and charters of the Saxon Kings, the statutes
and charters of the Norman Kings, prove that supreme
" Ordinary Jurisdiction " formed part and was exercised as
part of the Royal Supremacy ; the sovereign being under
no earthly subjection, but, as " God's Vicar," immediately
under him chief ordinary " over all persons, in all causes "
within the realm.
Accordingly the laws of iEthilbirht, Wihtrged, Alfred,
and their successors, down to the time of St. Edward the
Confessor, show : — that bishops were invested by the King ;
— that the King was ordered to be prayed for, — that days
of fast and festival were appointed by those laws, — an oath
of fidelity to the King required of all above the age of twelve
years ; — that the Ritual of the Church, especially that part
of it relating to Baptism and the holy Eucharist, was ordered
by royal mandate : — that the neglect of baptising infants
was punished, — the celebration of solitary masses by priests
forbidden : — tithes granted by the King, in his own right,
 and Scripture itself interpreted by the dooms of Alfred ;
 while the Pope's Supremacy, during this period, although
the bishops of England are continually mentioned in these
A 3

VI PREFACE.

documents, to which they subscribed, was never so much as
named in any one of them.
The answer of William the Conqueror, refusing fealty to
the Pope, is a bold and true appeal to the independence
of his predecessors : — " Religious Father, your legate
Hubert coming unto me admonished me in your behalf,
inasmuch as I should do fealty to you and your successors ;
and that I should take better care for the payment of the
money which my predecessors were wont to send to the
Church of Rome. One thing I have granted, the other 1
have not granted. Fealty I would not do, nor will I ; be
cause I neither promised it, neither do I find that my pre
decessors ever did it to your predecessors."
His charter to Battle Abbey proves that he exercised the
right of Supreme Ordinary, by granting to that religious
body perpetual freedom from all episcopal government ; and
we know that he retained the ancient custom of the Saxon
Kings, investing bishops and abbots, by delivering to them
the ring and staff.
" It is agreed," says Sir Edward Coke, " that no
man can make any appropriation of any Church having
cure of souls, being a thing ecclesiastical, but he that hath
ecclesiastical jurisdiction : but William I., of himself with
out any other, as King of England, made appropriation of
churches with cure, to ecclesiastical persons; wherefore it
followeth that he had ecclesiastical jurisdiction."
It does not appear by any law of the realm, that the sub
sequent giving up, or rather the non-usage by the Crown, of
the ancient donative right of investiture, ever amounted to
any thing more than a royal concession, or permission to
elect, — as the terms of the writ express it, — a conge
d'eltre, and that not granted to the Pope, but to deans and
chapters, and monastic bodies, consisting of British subjects
in England. For it is a maxim of our law, that the Crown

PREFACE. Vll
cannot alienate its regalities, which are firmly asserted by
King Henry I. in a letter to Pope Paschal II.
The Council of Clarendon met attempts to sue out of the
realm, and send appeals to Rome, by the negative already
quoted, and by an assertion of the Royal Supremacy. It
was the earls and barons who with one voice, in the Par
liament at Merton, answered the bishops, that they would
not change the laws of the realm ; yet at that time many of
the judges of the realm were of the clergy, and they, too,
constantly maintained the laws of England against the en
croachments of any foreign power.
In the struggle which ensued from the time of Hildebrand
until the reign of Henry VIII., during which period the
encroachments of the Papal See were often too successfully
pressed, this remarkable fact may be noted, that they were
never formally acknowledged by any one of the statutes of
the realm, however they may have been connived at, or
allowed by personal acts of the counsellors of weak monarchs
in times of trouble.
On the contrary, each successive papal usurpation was
promptly met by remonstrance from the King and his nobles
 and by a legal enactment, making such aggression criminal,
and declaring it at the same time to be repugnant to the
ancient laws and customs of the realm.
The statutes passed in the reign of King Henry VIII.,
Edward VI., and Queen Elizabeth, all jointly refer to the
common law of England, and to those declaratory statutes
of Edward I., Edward III., Richard II., Henry IV., and
Henry V., which were passed (as indeed the Statute of
Appeal in the reign of King Henry VIII. was enacted),
while the King and the people of England were in commu
nion with the See of Rome.
And thus it is evident that the Royal Supremacy was not
invented at the Reformation ; but was gradually defined,
A 4

Vlll PREFACE.

explained, and called into action, to meet and resist, by
statutory enactments, encroachments, and contradictory
usurpations of the Pope : — just as the dogmatic teaching
of the Christian Faith was, by (Ecumenical Councils, in
creeds, made more definite against heresies — which could
not be denied before they sprung up and were propagated.
And, therefore, to say that the Royal Supremacy of the
Queen of England is " indefinite and impossible to be de
fined," because it was not defined during the times of those
Popes who did not invade it ; is almost as illogical as to
conclude, that because the Grecian lawgiver did not decree
against parricide, it was therefore lawful for a son to murder
his father.
It should also be remembered, that since the Conquest,
the Crown, in asserting its regalities against the Pope, has,
with the Parliament of England, continually acted on the
defensive against aggression.
No new authority has ever been claimed ; no power of
the keys attempted to be exercised. It is true that in the
reign of Edward VL, the royal concession of a conge d'elire
was abolished ; but that act, which was a stretch of supre
macy never assumed by Henry VIII. (who limited the free
exercise of choice by letters missive), was repealed, and has
never since been revived.
The injunctions of Queen Elizabeth claim, through de
scent from her father, the same and only the same authority,
" which is, and was of ancient time, due to the imperial
Crown of this realm, that is, under God to have the sove
reignty and rule over all manner of persons born within
these her realms, dominions, and countries, of what estate,
either ecclesiastical or temporal, soever they be, so as no
Foreign Power shall or ought to have any superiority over
them." It has indeed been said, that the whole power of the keys

PREFACE. IX
was claimed for Henry VIII. But it will be found difficult
to cite authorities to prove that any such power was ever
exercised — and especially by those writers who, .like Mr.
Macaulay, assert that " Shrift" formed no part of the eccle
siastical system which Henry VIII. defended.
The Act called that of Submission of the Clergy has often
been cited by Roman Catholic writers, as if it admitted,
on the part of the clergy of England, new powers assumed
by the Crown : and rendered the Anglican Church " the
creature and slave of the State."
It is hoped that the Appendix will serve to clear some, if
not all, of the following facts.
That if Edward VI. abolished the conge d'elire at the
Reformation, he only returned to the usage of St. Edward
the Confessor.
If Henry VIII. appointed a commission of thirty-two
persons (half of the clergy and half of the temporalty), to
reform the ecclesiastical laws of England — dooms eccle
siastical of Saxon Kings were enacted, in like manner, by
clergy and laity, upon royal convocation of the " Witan."
If Henry VIII. by an act of Parliament forbade appeals
to Rome, and rejected the Pope's authority, he only gave
effect to the " Constitutions of Clarendon," laws of King
Henry III., and the acts of William the Conqueror.
If Queen Elizabeth appointed commissioners, among whom
was a layman (Sir Thomas Smith), to review the Liturgies
of King Edward VL, and to frame the Thirty-nine Articles
of Religion, Saxon Kings (Alfred, Edmund, Edgar, Cnut,
and St. Edward the Confessor) regulated religion and
matters ritual, within the realm, by the counsel, clerical and
lay, of their " Witan."
If those Thirty-nine Articles of Religion, with the Liturgy
and Ritual, declare against the sacrifice of the Mass, as
offered by the priest in the Church of Rome, and according

X PREFACE.
to the decrees of the Council of Trent — solitary Masses
were equally forbidden by the ecclesiastical institutes of our
Saxon forefathers.
If we hold a Canon of holy Scripture different from that
decreed by the Council of Trent, it accords with the Bible
brought into England, from St. Gregory the Great, by the
missionary Augustine.
If we now reject within the realm of England the Supre
macy of the Pope, and his assumed title of Universal
Bishop, we strictly conform to the conduct of St. Gregory,
that great benefactor, though not founder, of the Church of
England, who said : " Nullus unquam tali vocabulo appel-
lari voluit, nullus sibi hoc temerarium nomen arripuit : ne
si sibi in Pontificatus gradu gloriam singularitatis arriperet,
banc omnibus Fratribus denegasse videretur" .... " absit
a Cordibus Christianis nomen istud blasphemise, in quo
omnium sacerdotum honor adimitur, dum ab uno sibi de-
menter arrogatur."
If the Parliament of England reject an attempt, made by
a foreign sovereign, to govern England by the Roman
Canon Law, they follow the example, in favour of civil and
religious liberty, afforded by the barons of old, who said :
" Nolumus leges Anglise mutare."
But it has been objected to Anglo-Saxon laws, by Dr.
Lingard, that, though they firmly prove what has been stated,
they are the enactments of sovereigns, "ignorant of eccle
siastical discipline and impatient of control."
It has been said, that "the ' impetuosity' of those mon
archs was not easily induced to bend to the authority of
the Canons, and their caprice frequently displayed itself in
the choice and expulsion of their bishops."
After mention of the case of Agilbirct, the learned writer
adds, " This and similar instances, which occur during the
first eighty years of the Saxon Church, show the inconstant

PREFACE. XI

humour and despotic rule of these petty sovereigns : and the
submission of the prelates proves that they were either too
irresolute to despise the orders, or too prudent to provoke
the vengeance of Princes, whose power might easily have
crushed the fabric which they had reared with so much
labour and difficulty." . ..." In historical records of the
ninth and tenth centuries we meet with frequent mention of
the succession to bishoprics : but the vague and doubtful
language of the authorities throws but little light on the
subject, sometimes describing the appointment as made by
the unfettered choice of the clergy and people, and sometimes
as proceeding solely from the absolute will of the Sovereign."
. . . . " Under Canute and his successors, the will of the
King was notified in a more imperious manner, and by
them the practice of investiture, with the ring and crozier,
seems to have been introduced." . ..." In the reign of
Edward the Confessor (who appears to have been frequently
deceived), the prevalence of the abuse attracted the notice,
and provoked the severity of Pope Nicholas IT. His Legates
arrived in England, and conferred with the King ; but the
death, first of Nicholas, then of Edward, occurred shortly
afterwards ; and within a year the battle of Hastings
transferred the English sceptre into the hands of the
Norman Conqueror."
These are certainly grave charges, which ought to be met
and examined.
The first doom of King Ethelbirht protects Church-pro
perty, and particularly the property of bishops: — the laws
of Wihtraed require that " the word of a bishop and of the
king shall be without an oath incontrovertible," — the sup
plement to King Edgar's laws gives the following injunc
tion regarding canonical obedience to bishops: — "Then
will I that these God's dues stand every where alike in my
dominion, and that the servants of God, who receive the

PREFACE.

moneys which we give to God, live a pure life ; that,
through their purity, they may intercede for us with God ;
and that I and my thanes direct our priests to that which
the pastors of our souls teach us, that is our bishops, whom
we ought never to disobey in any of those things which
they teach us on the part of God, so that, through the
obedience with which we obey them on account of God, we
may inherit that eternal life to which they fit us by doctrine,
and by example of good works."
Here is no " ignorance of ecclesiastical discipline," " im
patience of control," " despotic rule," or " caprice in the
choice and expulsion of bishops."
The laws of King Canute (said to be so " imperious " a
sovereign) show that bishops could have had no very harsh
yoke to bear during his reign.

The Laws of King Cnut.
" 26. Bishops are heralds and teachers of God's laws,
and it is for them earnestly to preach and set example for
spiritual behoof ; heed it who will : because weak is the
shepherd found for the flock who will not defend with his
cry the flock that he has to feed (unless he can do otherwise)
if there any spoiler begins to spoil. There is none so evil a
spoiler as is the devil himself; he is ever busy about that
alone, how he can most injure the souls of men. There
fore must the shepherds be very watchful and diligently
crying out, who have to shield the people against the
spoiler ; such are bishops and mass-priests, who are to pre
serve and defend their spiritual flocks with wise instructions,
that the madly audacious were-wolf do not too widely
devastate, nor bite too many of the spiritual flock : and he
who scorns to listen to God's preachers, let that be between
him and God himself.

PREFACE. xiii
" Ever be the name of God eternally blessed, and to
Him praise and glory and honour for ever and ever.
Amen." Anglo-Saxon dooms are also very clear about the office
of a bishop, the respect due to it, and the relations which
existed between Church and State. They show that the
King was supreme ; and the admitted " submission of the
prelates" proves that he was so recognised in matters
ecclesiastical. The Laws of King Ethelred,
" 1<). Bishops are heralds and teachers of God's law ; and
they shall fervently, oft and frequently, call to Christ, and
mediate diligently for all Christian people ; and they shall
preach and diligently set example for the religious behoof of
a Christian nation.
" 20. For him who scorns to listen to them, let that be
only between him and God himself.
"21. But there are some men who, on account of their
pride, and also on account of their birth, scorn to obey
divine superiors, as they ought to do, if they desired right ;
and often apply themselves to blame what they ought to
praise, and account the worse, for their humble birth, those
whose forefathers were not in the world either wealthy or
proud, through worldly splendour ; nor, in this transient
space of life, flourishing or powerful : but these are neither
wise nor wholly discreet who will not obey God, nor better
understand how often he has from little raised to great
those who obeyed him and justly spake. We know that
through God's grace a thrall has become a thane, and a
' ceorl ' has become an ' eorl,' a singer a priest, and a
scribe a bishop.
" 22. And formerly, so as God decreed, a shepherd be
came a King, and he was very great : also so as God

XIV PREFACE.

decreed, a fisher became a bishop, aud he was very dear
and acceptable to Christ.
" 23. Such are the gifts of God, who can easily from little
raise to great all that he himself will, so as the Psalmist
truly said, when he sang, ' Quis sicut Dominus Deus
noster, &c. suscitans a terra inopem, et de stercore erigens
pauperem, ut collocet eum cum principibus populi sui ; '
he understands those that have fear of God, and heed
wisdom. " 24. And wise were also in former days those secular
' witan,' who first added secular laws to the just Divine
laws, for ^bishops and consecrated bodies ; and reverenced,
for love of God, sanctity, and the sacred orders ; and God's
houses and God's servants firmly protected.
" 25. And in what, indeed, can ever any man in the world
worship God more zealously than in churches and in sanc
tuaries, and besides in the sacred high orders.
" 26. And oh ! with what thought can any man, indeed,
so do, that he fervently pray in church, and zealously bow to
God's altars, and before or after, within or without, plunder
the Church, and corrupt or impair that to which the Church
belongs ?
" 27- Or with what thought can any man ever think in his
mind, that he inclines his head to the priests, and desires
blessings, and attends their masses in church, and kisses
their hand at the passing of the bread, and then straightway
thereafter should injure or revile them by word or deed?
" 28. But sanctity and sacred orders, and the hallowed
houses of God, shall always be zealously venerated, for
dread of God, and God, with inward heart, be ever loved.
" 29- And it is also much needful to every man, that
he enjoin to others that justice which he desires shall be
enjoined to him, according as his condition may be.
" 30. We have all one heavenly Father, and one spiritual

PREFACE. XV
mother, which is called ' Ecclesia ; ' that is, God's Church ;
and therefore are we brothers."
It is right to add, that reference to the Laws of St.
Edward the Confessor will prove that he, at least, was not
" deceived," either regarding the ecclesiastical duties of a
King or the Royal Supremacy.
The period of English history, from the reign of Henry I.
to that of Edward I., next claims attention.
Papal documents at that time cannot fail to be noticed, as
standing out in strong contrast with all previous records.
The letter of St. Thomas a Becket, for instance, to
Henry II., is an early specimen of those Roman pretensions
to supremacy in England which finally succeeded in extort
ing the oath of homage to the Pope from King John.
All the statutes against Provisors, passed during the
reigns of Edward I., Edward III., and Richard II., reassert
plainly the ancient customs of the realm ; and, as a recent
enactment has repealed the penalties contained in some of
them, and not, as it is believed touched others, especially
those in the 13th of Richard II., the following statement
is added, which the Editor trusts will, in the main, be found
correct, regarding the existing law against any Papal
appointment of English bishops.
" By the Religious Opinions Relief Act, all the penalties
are repealed which are imposed by the 13th Elizabeth, c. 2.,
intituled, ' An Act against the bringing iu and putting in
execution of Bulls, Writings, or Instruments, and other
superstitious things, from the See of Rome.'
" Those penalties were — 1st, according to the 5th Eliza
beth, c. 1., ' To incur the danger, penalties, and forfeitures
ordained and provided by the statute of Provision and Prae
munire, made in the 16th year of the reign of Richard II. ; '
and 2dly, according to the 13th Elizabeth, c. 2., ' Every
such act and acts, offence and offences, shall be deemed by
the authority of that Act high treason.'

XVI PREFACE.

. " These penalties are repealed by the 9th and 10th Vic
toria, c. 59. It is therefore asserted by many persons, that
the effect of that Act is either to legalise the admission of
Bulls, or to leave the offence to be dealt with by the common
law as a misdemeanour.
" But the repealing statute likewise contains, what it is
submitted will be found to be a very important clause,
namely, ' But it is hereby declared, that nothing in this en
actment contained shall authorise or render it lawful for any
person or persons to import, bring in, or put in execution
within this realm, any such bulls, writings, or instruments ;
and that in all respects, save as to the said penalties or punish
ments (i. e, Praemunire and High Treason), the law shall
continue the same as if this enactment had not been made.'
" Thus the penalties ordained and provided by the sta
tute of Provision and Praemunire in the 16th Richard II.
are repealed.
" It is, however, submitted that the following statutes are
unrepealed ; — The 35th of Edward I., 25th of Edward III.
vi., 27th Edward III. 1., c. 1., 38th Edward III. st. ii., 3d
Richard II. c. 3., 7th Richard II. c. 12., 13th Richard II.
st. ii. c. 2. ; and that all persons who shall import, bring
in, or put in execution, within the realm, any Bulls, Briefs,
writings, or other instruments from the See of Rome, are
punishable under those statutes ; especially by the 13th
Richard II. already referred to.
" It may be urged, that the pretended establishment, by
the Pope, of a Hierarchy in England, is ' a new figment ;
unknown to the Canon Law :' — but it cannot be said, that
the Archhishops and Bishops, who are intended to constitute
this usurpation, are not Archbishops and Bishops : — for the
Law of England admits the validity of Roman orders. If
it be added, that they are not ' Archbishops or Bishops '
within the meaning of the Acts, it is rejoined that the cre
ation of a new hierarchy in this country, by an alien, is an

PREFACE. XVII
aggravation, and not an evasion of the offence thus punish
able. If it be further urged, that they have by law no
jurisdiction, it is answered, that the offence does not consist
in having a jurisdiction, but in claiming one to which they
have no right, and acting as if they had one, in violation of
the polity of the Church and the supremacy of the Crown
of England." In the reign of King Edward I., a subject brought in
a bull of excommunication against another subject of this
realm, and published it to the Lord Treasurer of England ;
and this was by the ancient common law of England ad
judged treason against the King, his crown and dignity, for
the which the offender should have been drawn and hanged :
but at the great instance of the Chancellor and Treasurer,
he was only abjured the realm for ever."
The question to which the Appendix relates, is thus ably
summed up by the Lord Chief Justice Coke. For it is one
of law ; and which concerns immediately, in various ways,
the rights and liberties of the people of England : —
" Observe (good reader), seeing that the determination of
heresies, schisms, and errors in religion, ordering, examina
tion, admission, institution, and deprivation of men of the
church (which do concern God's true religion and service),
of right of matrimony, divorces, and general bastardy (where
upon depend the strength of men's descents and inheritances),
of probate of testament and letters of administration (without
which no debt or duty due to any dead man can be recovered
by the common law), mortuaries, pensions, procurations,
reparations of churches, simony, incest, adultery, fornication,
and incontinency, and some others, doth not belong to the
common law, how necessary it was for administration of jus
tice, that his Majesty's progenitors, Kings of this realm, did
by public authority authorise ecclesiastical courts under them
to determine those great and important causes ecclesiastical
vol. in. a

XVIII . PREFACE.

(exempted from the jurisdiction of the common law), by the
King's laws ecclesiastical ; which was done originally for
two causes. 1. That justice should be administered under
the Kings of this realm, within their own kingdom, to all
their subjects, and in all causes. 2. That the Kings of
England should be furnished, upon all occasions, either foreign
or domestical, with learned professors as well of the eccle
siastical as temporal laws.
" Thus hath it appeared as well by the ancient common
laws of this realm, by the resolutions and judgments of the
Judges and sages of the laws of England, in all succession
of ages, as by authority of many acts of Parliament, ancient
and of later times, that the kingdom of England is an abso
lute monarchy, and that the King is the only supreme go
vernor, as well over ecclesiastical persons, and in eccle
siastical causes, as temporal, within this realm, to the due
observation of which laws both the King and the subject are
sworn. I have herein cited the very words and texts of the
laws, resolutions, judgments, and acts of parliament, all
public and in print, without any inference, argument, or
amplification ; and have particularly quoted the books, years,
leaves, chapters, and such like certain references, as every
man may at his pleasure see and read the authorities herein
cited. " This case is reported to the end that my dear country
men may be acquainted with the laws of this realm, their
own birth-right and inheritance, and with such evidences as
of right belong to the same ; assuring myself that no wise
or true-hearted Englishman, that hath been persuaded before
he was instructed, will refuse to be instructed in the truth,
(which he may see with his own eyes), lest he should be
dissuaded from error, wherewith blindfold he hath been
deceived : for miserable is his case, and worthy of pity, that
hath been persuaded before he was instructed, and now will
refuse to be instructed, because he will not be persuaded."

CONTENTS

THE THIRD VOLUME.

V. Of the Pope's Supremacy.

1. Of the Pope's Supremacy -
2. Of the Pope's Temporal Monarchy -
3. Bishop Overall's Convocation Book
4. On Christian Subjection -
5. Convocation Book ...
6. Popery dangerous to Protestant Princes
7. On the Supreme Civil Power
8. Of Convocation *
9. The Use and Value of Ecclesiastical Anti
quity -----
10. A Just Vindication of the Church of England
11. Increase of the Papal Power in England
How far the Kegal Power did extend itself

Isaac Barrow

PAGE
- 3

Dr. Crakanthorpe

- 44

Bishop Overall

- 110

Bishop Morton

- 162

Bishop Overall

- 185

Bishop Barlow

- 207

Bishop Taylor

- 294

Bishop Andrewes

- 377

Dr. Waterland - 408
Archbishop Bramhall 478
Sir Roger Twysden - 491

in Matters Ecclesiastical

- Sir Roger Twysden - 553

APPENDIX.
Bedae Hist. Lib. II. c. ii. : Lib. I. c. xxiii. xxiv. xxv. xxvi. xxvii. xxviii.

xxix. xxxi. xxxn
Dinooth's Answer
Dooms of
^thelbirht -
Hlothaere and Eadric
Wihtrsed Alfred
Ine -
jEthelstan

xxxiii. : Lib. II. c. ii.

- 577
- 587
- 587
- 587
- 588
- 588
- 589
- 589

xx CONTENTS. PAGE
- 590
Edmund - - " .q0
Edgar - - - . - 590
Ethelred - - - -
Cnut - _ 592
St. Edward the Confessor -
Records of — .„„
William the Conqueror - "
. Rufus -
Hen> I- - - - - - - 594
Stephen - - - - ^
?e"ryIL " - " ." : . -596
John -
Statutes of —
Henry III. - " " " 597
Edward I.  aa/
Edward III.  5"
Richard H.  605
Henry V.  614
Henry VHI.  614
Edward VI.  623
Elizabeth - - - - - • • " 625
George IV.  644
Victoria  653
The Brief of Pope Pius IX. - - - - - -662
Index  669

NOTICE.
It was originally intended that this work should form five
volumes, but it has now been decided to confine the selection
to three volumes.
New Titles are therefore given for the first and second
volumes. April, 1851.

VOL. III.

V.
OF THE POPE'S SUPREMACY.

VOL. III.

I.
OF THE POPE'S SUPREMACY.
[iSAAC BARROW.]

Sect. 1 . The Roman party doth much glory in unity and cer
tainty of doctrine, as things peculiar to them, and which no
other men have any means to attain ; yet about divers matters
of notable consideration, in what they agree, or of what they
are certain, it is hard to descry.
They pretend it very needful that controversies should be
decided, and that they have a special knack of doing it : yet
do many controversies of great weight and consequence stick
on their hands unresolved, many points rest in great doubt
and debate among them.
The xup (oa So'^a/ of the Roman sect (concerning doctrine,
practice, laws and customs of discipline, rites and cere
monies) are of divers sorts, or built on divers grounds :
1. Some established by (pretended) General Synods. 2. Some
founded on decrees of Popes. 3. Some entertained as upon
tradition, custom, common agreement. 4. Some which their
eminent divines or schoolmen do commonly embrace. 5.
Some prevailing by the favour of the Roman Court and its
zealous dependents.
Hence it is very difficult to know wherein their religion
^onsisteth : for those grounds divers times seem to clash, and
accordingly their divines (some building on these, some on
others) disagree.
This being so in many points of importance, is so parti
cularly in this.
For instance, the Head of their Church (as they call it)
is, one would think, a subject about which they should tho
roughly consent, and which they by this time should have
cleared from all disputes ; so that (so far as their decisive
B 2

4 OF THE POPE'S SUPREMACY. [BARROW.
faculty goeth) we might be assured wherein his authority
consisteth, and how far it doth extend, seeing the resolution
of that point so nearly toucheth the heart of religion, the
faith and practice of all Christians, the good of the^ Church,
and peace of the world ; seeing that no one question (per
haps not all questions together) hath created so many tragical
disturbances in Christendom, as that concerning the bounds
of Papal authority.3
This disagreement of the Roman Doctors about the nature
and extent of Papal authority is a shrewd prejudice against
it. If a man should sue for a piece of land, and his advo
cates (the notablest could be had, and well paid) could not
find where it lieth, how it is butted and bounded, from
whom it was conveyed to him, one would be very apt to
suspect his title. If God had instituted such an office, it is
highly probable we might satisfactorily know what the nature
and use of it were : the patents and charters for it would
declare it.
Yet, for resolution in this great case we are left to seek,
they not having either the will, or the courage, or the power
to determine it. This insuperable problem hath baffled all
their infallible methods of deciding controversies ; their tra
ditions blundering, their synods clashing, their divines
wrangling endlessly about what kind of thing the Pope is,
and what power he rightly may claim.
" There is," saith a great divine among them, " so much
controversy about the plenitude of Ecclesiastical power, and
to what things it may extend itself, that few things in that
matter are secure."6
This is a plain argument of the impotency of the Pope's
power in judging and deciding controversies, or of his cause
in this matter, that he cannot define a point so nearly con
cerning him, and which he so much desireth an agreement
in ; that he cannot settle his own claim out of doubt ; that
all his authority cannot secure itself from contest.
' Agitur de summa rei Christiana;.— versia de plenitudine Ecclesiastics: po-
Bell. Prmf. de Bom. Pont. Upon this testatis, et ad qua se extendat, ut pauca
one point the very sum and substance of sint in ea materia secura  Almain de
Christianity depends. duct. Eccl. cap. 3.
" Tanta est inter Doctores contro-

BARROW.] OF THE POPE'S SUPREMACY. 5
So, indeed, it is, that no spells can allay some spirits ; and
where interests are irreconcilable, opinions will be so.
Some points are so tough and so touchy, that nobody dare
meddle with them, fearing that their resolution will fail of
success and submission. Hence, even the anathematizing
definers of Trent (the boldest undertakers to decide contro
versies that ever were) did waive this point, the Legates
of the Pope being enjoined " to advertise, that they should
not for any cause whatever come to dispute about the Pope's
authority."1 It was, indeed, wisely done of them to decline this ques
tion, their authority not being strong enough to bear the
weight of a decision in favour of the Roman See (against
which they could do nothing), according to its pretences, as
appeareth by one clear instance. For whereas that Council
took upon it incidentally to enact, that any Prince should be
excommunicate, and deprived of the dominion of any city
or place, where he should permit a duel to be fought ; the
Prelates of France in the Convention of Orders, a. d. 159-5,
did declare against that decree, as infringing their King's
authority.b It was therefore advisedly done not to meddle with so
ticklish a point ; but in the mean time their policy seemeth
greater than their charity, which might have inclined them
not to leave the world in darkness and doubt, and unresolved
in a point of so main importance (as, indeed, they did in
others of no small consequence, disputed among their divines
with obstinate heat ; viz. the divine right of Bishops, the
necessity of residence, the immaculate conception, &c).
The opinions, therefore, among them concerning the Pope's
authority, as they have been, so they are, and in likelihood
may continue, very different.
Sect. 2. There are among them those who ascribe to the
Pope an universal, absolute, and boundless empire over all

" Di avertire, che non si venga mai superiorem fecognoscit. — Bochell. lib. v.
per qual causa si sia alia disputa dell' tit. 20. cap. 45.
Autorita di Papa. — Condi. Trid. lib. ii. " This Article is against the authority
p. 159. of the King, who cannot be deprived of
b Hie articulus est contra authori- his temporal dominion, wherein he ac-
t a tern Regis, qui non potest privari stio knowledges no superior."
dominio temporali, respectu cujus nullum B 3

6 OF THE POPE'S SUPREMACY. [BARROW,
persons indifferently, and in all matters, conferred and settled
on him by Divine immutable sanction ; so that all men, of
whatever degree, are obliged in conscience to believe what
ever he doth authoritatively dictate, and to obey whatever he
doth prescribe. So that if Princes themselves do refuse obe
dience to his will, he may excommunicate them, cashier them,
depose them, extirpate them. If he chargeth us to hold no
communion with our Prince, to renounce our allegiance to
him, to abandon, oppose, and persecute him even to death,
we may without scruple, we must in duty, obey. If he doth
interdict whole nations from the exercise of God's worship
and service, they must comply therein. So that, according
to their conceits, he is in effect Sovereign Lord of all the
world, and superior, even in temporal or civil matters, unto
all Kings and Princes.
It is notorious, that many canonists (if not most) and many
divines of that party do maintain this doctrine, affirming that
all the power of Christ ("the Lord of Lords and King of
Kings," to whom all power in Heaven and earth doth apper
tain,) is imparted to the Pope, as to his Vicegerent."
This is the doctrine which almost four hundred years ago
Augustinus Triumphus, in his egregious work concerning
ecclesiastical power, did teach : attributing to the Pope " an
incomprehensible and infinite power, because great is the
Lord, and great is his power, and of his greatness there is
no end."b
This is the doctrine which the leading Theologue of their
sect, their angelical Doctor, doth affirm, both directly, saying,
that " in the Pope is the top of both powers ;"c and by plain
* Prima sententia est, summum Pon- Rom. Universalis Ecelesia? Pastorem,
tificem jure divino habere plenissimam Petri Successorem, et Christi Vicarium,
potestatem in universum orbem terrarum, supra temporalia et spiritualia universa-
tam in rebus Ecclesiasticis quam civili- lem non habere Primatum ; in quem
bus. Ita docent Aug. Triumphus, Al- quandoque multi labuntur, dicta? Potes-
varus Pelagius, Panormitanus, Hosti- tatis ignorantia ; quas cilm sit infimta, ed
ensis, Silvester, et alii non pauci. — quod magnus est Dominus, et ma»na
Bell. 5. 1. The first opinion is, that virtus ejus, et magnitudinis ejus non est
the Pope hath a most full power over finis, omnis creatus intellectus in ejus
the whole world, both in Ecclesiastical perscrutatione invenitur deficere.  Aug.
and Civil affairs. This is the doctrine of Triumph, de Potest. Eccl. in Praf. ad P.
Aug. Triumphus, & c. , and of man y others. Joh. XXII.
•> Scripsit egregiam summam de Po- « Thomas in fine Secund. Sentent.
testate Ecclesia?. — Bell., de Script, anno dicit in Papa esse apicem utriusque po-
1301. Error est, non credere Pontificem testatis. — Bell, 5. 1.

BARROW.] OF THE POPE'S SUPREMACY. 7
consequence, asserting, that " when any one is denounced
excommunicate for apostasy, his subjects are immediately
freed from his dominion, and their oath of allegiance to
him."a This the same Thomas (or an author passing under his
name, in his book touching the Rule of Princes) doth
teach, affirming, that the Pope, "as supreme King of all the
world, may impose taxes on all Christians, and destroy towns
and castles for the preservation of Christianity." b
This (as Card. Zabarell near 300 years ago telleth us) is
the doctrine " which, for a long time, those who would please
Popes did persuade them, that they could do all things,
whatever they pleased ; yea, and things unlawful ; and so
could do more than God."c
According to this doctrine then current at Rome, in the
last Lateran Great Synod, under the Pope's nose and in his
ear, one Bishop styled him Prince of the Worldd ; another
orator called him King of Kings, and Monarch of the
Earth6 ; another great Prelate said of him, that he had all
power above all powers both of Heaven and earth/ And the
same roused up Pope Leo X. in these brave terms : " Snatch
up therefore the two-edged sword of Divine* power, com
mitted to thee ; and enjoin, command, and charge, that an
universal peace and alliance be made among Christians for
at least ten years ; and to that bind Kings in the fetters of
the great King, and constrain nobles by the iron manacles
of censures : for to thee is given all power in Heaven and in
earth."B a Quum quis per sententiam denun- multa retro tempora, et usque ad ho-
ciatur propter apostasiam excommuni- dierna suaserunt eis, quod omnia possent,
catus, ipso facto ejus subditi a dominio, et sic quod facerent quicquid liberet,
et juramento fidelitatis ejus liberati sunt, etiam illicita, et sic plus quam Deus. —
— Th. 2. Secund. qu. 12. art. 2. Zabak. de Schism.
b S. Thomas (in lib. iii. de Regim. d Orbis Princeps. — Episc. Spal. sess.
Princ. cap. 10. et 19.) affirmat, sum- 1. p. 24.
mum Pontificem jure divino habere spi- " Regum Rex, et Orbis terrarum Mo-
ritualem et temporalem potestatem, ut narcha. — Del Rio, sess. 8. p. 87.
supremum totius mundi Regem, aded ut f Virum, in quo erat potestas supra
etiam taleas omnibus Christianis possit omnes potestates, tarn cceli, quam terra;.
imponere, et civitates ac castra destruere Episc. Patkac. sess. 10. p. 132.
pro conservatione Christianitatis. — Bell, s Arripe ergo gladium Divinae potes-
5. 5, tatis tibi creditum, bis acutum ; et jube,
c Quae jura sunt notanda, quia male impera, manda, ut pax universalis et
considerata sunt per multos assentatores, colligatio per decennium inter Chris-
qui voluerunt placere Pontificibus, per tianos ad minus fiat ; et Reges ad id in
B 4

8 OF THE POPE'S SUPREMACY. £r3ARROW.
This is the doctrine which Baronius with a Roman con
fidence doth so often assert, and drive forward, saying, that
" There can be no doubt of it, but that the Civil principality
is subject to the Sacerdotal:"3 and, that "God hath made
the Political Government subject to the dominion of the
Spiritual Church.'"3
Sect. 3. From that doctrine the opinion in effect doth not
differ, which Bellarmine voucheth for the common opinion
of Catholics, that " by reason of the spiritual power the Pope,
at least indirectly, hath a supreme power even in temporal
matters." c
This opinion, so common, doth not, I say, in effect, and
practical consideration, anywise differ from the former ; but
only in words devised to shun envy, and veil the impudence
of the other assertion : for the qualifications, by reason of
the spiritual power, and, at least indirectly, are but notional,
insignificant, and illusive in regard to practice : it importing
not, if he hath in his keeping a sovereign power, upon what
account, or in what formality he doth employ it ; seeing that
every matter is easily referrible to a spiritual account ; seeing
he is sole judge upon what account he doth act ; seeing ex
perience showeth, that he will spiritualise all his interests,
and upon any occasion exercise that pretended authority ;
seeing it little mattereth, if he may strike Princes, whether
he doeth it by a dowright blow, or slantingly.
Sect. 4. That such an universal and absolute power hath
been claimed by divers Popes successively, for many ages, is
apparent from their most solemn declarations, and notorious
practices ; whereof (beginning from later times, aud rising
upwards toward the source of this doctrine) we shall repre
sent some.
The Bull of Pope Sixtus V. against the two sons of wrath,
Henry King of Navarre, and the Prince of Conded, beginneth
compedibus magni Regis liga, et nobiles c Tertia sententia media, et Catholi-
in manicis ferreis censurarum constringe ; corum communis, Pontificem ut Pon-
quoniam tibi data est omnis potestas in tificem non habere directe et immediate
ccelo et in terra. — Episc. Patrac. sess. ullam temporalem potestatem, sed solum
10. _ spiritualem ; tamen ratione spiritualis
a Politicum Principatum Sacerdotali habere saltern indirecte potestatem quan-
esse subjectum nulla potest esse dubi- dam, eamque summam, in temporalibus
tatio. — Ann. 57. §32. Bell 5.1.
b Politicum Imperium subjecit Spiri. a a.d. 1585.
tualis Ecclesise dominio. — Ibid. § 33.

BARROW.] OF THE POPE'S SUPREMACY. 9
thus : " The authority given to St. Peter and his successors
by the immense power of the Eternal King excels all the
powers of earthly Kings and Princes  It passes uncon
trollable sentence upon them all. — And if it find any of
them resisting God's ordinance, it takes more severe ven
geance of them, casting them down from their thrones,
though never so puissant, and tumbling them down to the
lowest parts of the earth, as the ministers of aspiring
Lucifer." a And then he proceeds to thunder against them,
" We deprive them and their posterity for ever of their
dominions and kingdoms." b And accordingly he depriveth
those princes of their kingdoms and dominions, absolveth
their subjects from their oaths of allegiance, and forbiddeth
them to pay any obedience to them. "By the authority of
these presents, we do absolve and set free all persons, as well
jointly as severally, from any such oath, and from all duty
whatsoever in regard of dominion, fealty, and obedience ;
and do charge and forbid all and every of them, that they do
not dare to obey them, or any of their admonitions, laws,
and commands."0
Pope Pius V.d (one of their holiest Popes of the last stamp,
who hardly hath escaped canonisation until now6) beginneth
his Bull against our Queen Elizabeth in these words : " He
that reigneth on high, to whom is given all power in Heaven
and in Earth, hath committed the one Holy Catholic and
Apostolic Church, out of which there is no salvation, to one
alone on earth, namely to Peter Prince of the Apostles, and
to the Roman Pontiff, successor of Peter, to be governed
with a plenitude of power : this one he hath constituted
Prince over all nations, and all kingdoms, that he might
a Ab immensa ceterni Regis potentia c A juramento hujusmodi, acomni pror-
B. Petro ejusque Successoribus tra- sus dominii, fidelitatis et obsequii debito,
dita auctoritas omnes terrenorum Regum illos omnes tam universe quam singu-
et Principum sepereminet potestates. — latim auctoritate prassentium absojvimus
Inconcussa profert in omnes judicia  et liberamus ; pra?cipimusque et inter-
Et siquos ordinationi Dei resistentes dicimus eis universis et singulis, ne illis
invenit, severiore hos vindicta ulciscitur, eorumque monitis, legibus et mandatis
et, quamvis potentiores, de solio dejiciens, audeant obedire. — Ibid.
veluti superbientis Luciferi ministros, ad d A. d. 1570.
infima terra; deturbatos prosternit. — e Pius V. — quem mirum est in albo
Bulla Sixti V. contra Ren. Navarr. R. &c. sanctorum nondum relatum esse. —
b Dominiis, Regnis, &c.,nos illos illo- Bkiet. Chr. ann. 1572.
rumque posteros privamus in perpetuum.
— Ibid.

10 OF THE POPE'S SUPREMACY. [BARROW.
pluck up, destroy, dissipate, ruinate, plant, and build." —
And in the same Bull he declares, that "he thereby deprives
the Queen of her pretended right to the kingdom, and of all
dominion, dignity, and privilege whatsoever ; and absolves
all the nobles, subjects, and people of the kingdom, and
whoever else have sworn to her, from their oath, and all
duty whatsoever, in regard of dominion, fidelity, and obe
dience." b
Pope Clement VI.° did pretend to depose the Emperor
Lewis IV.
Pope Clement V.d, in the Great Synod of Vienna, declared
the Emperor subject to him, or standing obliged to him by
a proper oath of fealty.6
Pope Boniface VIII.f hath a decree extant in the Canon
Law running thus : " We declare, say, define, pronounce it
to be of necessity to salvation, for every human creature to
be subject to the Roman Pontiff." g The which subjection,
according to his intent, reacheth all matters ; for he there
challengeth a double sword, and asserteth to himself jurisdic
tion over all temporal authorities : for " One sword," saith
he, " must be under another, and the temporal authority
must be subject to the spiritual power, h — whence if the
earthly power doth go astray, it must be judged by the
spiritual power."1 The which aphorisms he proveth by
Scriptures admirably expounded to that purpose.
This definition might pass for a rant of that boisterous
Pope ("a man above measure ambitious and arrogant" j),
a Regnans in excelsis, cui data est e Apostolica auctoritate de fratrum
omnis in ccelo et in terra potestas, unam nostrorura consilio'declaramus, ilia jura-
Sanctam Catholicam et Apostolicam menta pradicta fidelitatis exsistere et
Ecclesiam, extra quam nulla est salus, censeri debere. — Clem. lib. ii. tit. 9;
uni soli in terris, videlicet Apostolorum Vide Cone. Vienn. p. 909.
Principi Petro, Petrique Successori Ro- f a. d. 1294.
mano Pontifici, in potestatis plenitudine e Subesse Romano Pontine! omni hu-
tradidit gubernandam : hunc unum super mana; creaturae declaramus, dicimus
omnes gentes et omnia regna Principem definimus, et pronuneiamus omnino esse
constituit, qui evellat, destruat, dissipet, de necessitate salutis  Extrav. com.
disperdat, plantet et eedificet. — P. Pius lib. i. tit. 8. cap. 1.
V., in Bull, contr. R. Eliz. (Cambd. » Oportet gladium esse sub gladio, et
Hist. ann. 1570.) temporalem authoritatem spirituali s'ub-
b Ipsam pratenso regnl jure, nee non jici potestati.  Ibid.
omni quocunque dominio, dignitate pri- ' Ergo si deviat terrena potestas, judi-
vilegioque privamus ; et iterum proceres, cabitur a potestate spirituali  Ibid.
subditos, &c  Ibid. J Vir super modum ambitiosus et ar-
c a.i). 1346. rogans. — Binius, in Vita Bonif. Fill.
" a.d. 1311.

BARROW.] OF THE POPE'S SUPREMACY. 11
vented in his passion against King Philip of France, if it
had not the advantage (of a greater than which no Papal
decree is capable) of being expressly confirmed by one of their
General Councils : for " We," saith Pope Leo X., in his
Bull read and passed in the Lateran Council, " do renew and
approve that holy Constitution, with approbation of the pre
sent holy Council."51 Accordingly, Melch. Canus saith, that
" the Lateran Council did renew and approve that extra
vagant (indeed extravagant) Constitution ; " b and Baronius
saith of it, that " all do assent to it, so that none dissenteth,
who doth not by discord fall from the Church."0
The truth is, Pope Boniface did not invent that Propo
sition, but borrowed it from the school ; for Thomas Aquinas,
in his work against the Greeks, pretendeth to show, that "it
is of necessity to salvation to be subject to the Roman Pon
tiff'1 : " the which scholastical aphorism Pope Boniface turned
into law, and applied to his purpose of exercising domination
over Princes, offering in virtue of it to deprive King Philip
of his kingdom.
The Appendix to Mart. Pol. saith of Pope Boniface VIII.
Regem se Regum, Mundi Monarcham, unicum in spi-
ritualibus et temporalibus dominum promulgavit : that " he
openly declared himself to be King of Kings, Monarch of
the world, and sole Lord and Governor both in spirituals
and temporals."
Before him6, Pope Innocent IV. did hold and exemplify the
same notion, declaring the Emperor Frederick II. his vassal,
and denouncing in his General Council of Lyons a sentence
of deprivation against him in these terms : " We having
about the foregoing and many other his wicked miscarriages
had before a careful deliberation with our brethren and the
Holy Council, seeing that we, although unworthy, do hold
the place of Jesus Christ on earth, and that it was said unto
us in the person of St. Peter the Apostle, Whatever thou
a Constitutionem ipsam, sacro pra?- omnes, ut nullus discrepet, nisi qui dis-
senti Concilio approbante, innovamus et sidio ab Ecclesia excidit. — Baron. Ann.
approbamus  Concil. Later, sess. 11. 1053. § 14.
p j 53. d Ostenditur etiam quod subesse Ro-
b Quam extravagantem renovavit et mano Pontifici sit de necessitate salutis.
approbavit Concilium Lateranense sub — Thoji. in opusc. contra Gracos.
Leone X  Casus, he. 6. 4. e a.d. 1245.
<= Haec Bonifacius, cui assentiuntur

12 OF THE POPE'S SUPREMACY. [BARROW.
shalt bind on earth ... the said Prince (who hath rendered
himself unworthy of empire and kingdoms, and of all honour
and dignity, and who for his iniquities is cast away by God,
that he should not reign or command, being bound by his
sins and cast away, and deprived by the Lord of all honour
and dignity) do show, denounce, and accordingly by sentence
deprive, absolving all who are held bound by oath of alle
giance from such oath for ever ; by Apostolical authority
firmly prohibiting, that no man henceforth do obey or regard
him as Emperor or King ; and decreeing, that whoever shall
hereafter yield advice, or aid, or favour to him as Emperor
or King, shall immediately lie under the ban of excommu
nication/ Before him, Pope Innocent III. (that " true wonder of the
world, and changer of the age"b) did affirm "the Pontifical
authority so much to exceed the royal power, as the sun doth
the moon ; " c and applieth to the former that of the Prophet
Jeremiah, "Ecce, constitui te super gentes et regno" — " See,
I have set thee over the nations, and over the kingdoms, to
root out, and to pull down, and to destroy, and to throw
down,"d &c.
Of this power that Pope made experiment, by deposing
the Emperor Otho IV., " whom," saith Nauclerus, " as re
bellious to the Apostolical See, he first did strike with an
anathema ; then, him persevering in his obstinacy, did, in a
Council of Prelates held at Rome, pronounce deposed from
empire." 6
The which authority was avowed by that great Council
under this Pope (the which, according to the men of Trent,
did represent or constitute the Church f), wherein it was or
dained, that " if a temporal Lord, being required and admo
nished by the Church, should neglect to purge his territory
a Nos itaque super prasmissis, &c. e Imperatorem, ut rebellem Sedi
—P. Innoc. IV. in Cone. Lugd. Apostolica; et inobedientem anathemate
Matt. Paris (ann. 1253) saith, he primum ; deinde in pertinacia perseve-
deemed Kings Mancipia Papm. rantem, in Concilio prasulum, quod
b Vere stupor mundi, et immutator Roma; tum Innocentius celebrabat, ab
seculi  Matt. Pah. ann. 1217. Imperio depositum percussit, et pronun-
c Ut quanta est inter solem et Iu- eiavit. — Naucl. ann. 1212.
nam, tanta inter Pontifices et Reges dif- f Neque enim per Lateranense Con-
ferentia cognoscatur. — P. Innoc. III. in cilium Ecclesia statuk, &c.  Syn. Trid.
Decret. Greg. lib. i. tit. 33. cap. 6. sess. 14. cap. 5.
d Jer. i. 10.

BARROW.] OF THE POPE'S SUPREMACY. 13
from heretical filth, he should, by the metropolitan and the
other comprovincial bishops, be noosed in the band of excom
munication ; and that if he should slight to make satisfaction
within a year, it should be signified to the Pope, that he
might from that time denounce the subjects absolved from
their fealty to him, and expose the territory to be seized on
by Catholics,"3 &c.
Before that, Pope Paschal II. b deprived Henry IV., and
excited enemies to persecute him ; telling them that they
could not " offer a more acceptable sacrifice to God, than by
impugning him who endeavoured to take the kingdom from
God's Church."6
Before him, Pope Urban II.d (called Turban by some in
his age) did preach this doctrine, recommended to us in the
Decrees, that " subjects are by no authority constrained to
pay the fidelity which they have sworn to a Christian Prince,
who opposeth God and his saints, or violateth their pre
cepts;"6 an instance whereof we have in his granting a
privilege to the Canons of Tours, "which," saith he, "if
any Emperor, King, Prince, &c, shall wilfully attempt to
thwart, let him be deprived of the dignity of his honour and
power. But the great apostle (if not author) of this confounding
doctrine was Pope Gregory VII. (a man of a bold spirit and
fiery temper, inured, even before his entry on that See to bear
sway, and drive on daring projects, possessed with resolution
to use the advantages of his place and time in pushing for
ward the Papal interest to the utmost), who did " lift up his
voice like a trumpet," kindling wars and seditions thereby
over Christendom. His dictates and practices6 are well
known, being iterated in his own epistles, and in the Roman
a Si vero Dominus temporalis requisi- e Fidelitatem enim quam Christiano
tus et monitus. — Cone. Later, cap. 3. in Principi jurarunt, Deo ejusque Sanctis
Decret. Greg. lib. v. tit. 7. cap. 13. adversanti, eorumque prsecepta, nulla
b Am „. 1099. cohibentur auctoritate persolvere. — Cans.
c Nam in bac hon tantum parte, sed 15. qu. 7. cap. 5.
ubique, cum poteris, Henricum, Here- ! Siquis Imperator, Rex, Princeps
ticorum caput, et ejus fautores pro vi- ... contra hanc Constitution em venire
ribus persequaris. Nullum profecto gra- tentaverit . . . potestatis honorisque sui
tius Deo sacrificium, quam si eum dignitate careat. — P. Urb. II. Ep. 12.
impugnes, qui se contra Deum erexit, e Vid. ejus dictata apud Bin. Post
qui Ecclesia; regnum auferre conatur. — Epist. lib. ii. Ep. 55. Ep. 4. 2. 8. 21., et
P. Pasch, Ep. 1. adRob. Eland. Com. passim. Ep. 1. 58.; 2. 5. 12, 13. 18.
" a.d. 1088. 32.; 3. 10.; 4. 1,2,3.7. 22.

14 OF THE POPE'S SUPREMACY. [BARROW.
Councils under him, extant : yet it may be worth the while
to hear him swagger in his own language. ,
" For the dignity and defence of God's Holy Church, in
the name of Almighty God, the Father, Son, and Holy
Ghost, I depose from Imperial and Royal Administration
King Henry, son of Henry, sometime Emperor, who too
boldly and rashly hath laid hands on thy Church ; and I ab
solve all Christians subject to the empire from that oath
whereby they were wont to plight their faith unto true
Kings ; for it is right that he should be deprived of dignity,
who doth endeavour to diminish the Majesty of the Church."3
" Go to, therefore, most Holy Princes of the Apostles,
and what I said, by interposing your authority, confirm, that
all men may now at length understand, if you can bind and
loose in Heaven, that ye also can upon earth take away and
give empires, kingdoms, and whatsoever mortals can have :
for if you can judge things belonging unto God, what is to
be deemed concerning these inferior and profane things?
And if it is your part to judge Angels, who govern proud
Princes, what becometh it you to do toward their servants ?
Let Kings now, and all secular Princes, learn by this man's
example, what you can do in Heaven, and in what esteem
you are with God ; and let them henceforth fear to slight
the commands of Holy Church ; but put forth suddenly this
judgment, that all may understand, that not casually, but
by your means, this son of iniquity doth fall from his
kingdom."15 So did that Pope, not unadvisedly, in heat or passion, but
out of settled judgment, upon cool consideration, express
himself in his Synods at Rome.
This Pope is indeed by many held the inventor and
broacher of this strange doctrine ; and even those, who
a Hac itaque fiducia fretus, pro dig- Regibus prastare consueverunt : dignum
hitate et tutela Ecclesia; sua; Sanctas, enim est, ut is honore careat, qui majes-
Omnipotentis Dei. nomine, Patris, Filii, tatem Ecclesia; imminuere causatur. • —
et Spiritus S. Henricum Regem, Henrici Plat, in Greg. VII. et torn. vii. Cone.
quondam Imperatoris filium, qui audac- Rom. 3. apud Bin. p. 484.
ter, nimium et temerarie in Ecclesiam b Agite igitur, Apostolorum sanctis-
t-uam manus injecit, Imperatoria ad- simi Principes, et quod dixi  Plat, in
ministratione Regiaque dejieio ; et Chris- Greg. VII. Cone. Rom. 7. apud Bin. torn.
tianos omnes Imperio subjectos jura- vii. p. 491.
mento illo absolvo, quo fidem veris

BARROW.] OF THE POPE'S SUPREMACY. 15
about his age did oppose it, did express themselves of this
mind, calling it " the novel tradition, schism, heresy of
Hildebrand."a " Pope Hildebrand," saith the Church of Liege, in their
answer to the Epistle to Pope Paschal, " is author of this
new schism, and first did raise the Priest's lance against the
Royal diadem, — who first did gird himself, and by his
example other Popes, with the sword of war against the
Emperors." b
" This only novelty," saith Sigebert, "not to say" heresy,
had not yet sprung up in the world, that the Priests of him
who saith to the King, Apostate, and who maketh hypocrites
to reign for the sins of the people6, should teach the people
that they owe no subjection to bad Kings, and although they
have sworn allegiance to the King, they yet owe him none ;
and that they who take part against the King may not be
said to be perjured ; yea, that he who shall obey the King
may be held excommunicate ; he that shall oppose the King,
may be absolved from the crime of injustice and perjury." d
Indeed, certain it is, that this man did in most downright
strains hold the doctrine, and most smartly apply it to prac
tice : yet did he disclaim the invention or introduction of it ;
professing that he followed the notions and examples of his
predecessors, divers of which he allegeth in defence of his
proceedings. " We," saith he, " holding the statutes of
our holy predecessors, do by Apostolical authority absolve
those from their oath who are obliged by fealty or sacrament
to excommunicate persons, and by all means prohibit that
they observe fealty to them." 6
a Quod ex novella Traditione Hilde- onem, et licet ei Sacramentum fidelitatis
brandus. — Eccl Leod. apud Bin. torn, fecerint, nullam tamen fidelitatem de-
vii. p. 521. beant; nee perjuri dicantur, qui contra
b Hildebrandus P. author est hujus Regem senserint ; imo, qui Regi parue-
novelli Schismatis, et primus levavit rit pro excommunicato habeatur; qui
Sacerdotalem lanceam contra diadema contra Regem fecerit, a noxa injustitiie
Regni.  Ib. p. 522. Qui primus se, et et perjurii absolvatur. — Sigeb. Chron.
suo exemplo alios Pontifices, contra Imp. ann. 1088.
accinxit gladio belli  Ibid. p. 523. e Nos, sanctorum prcedecessorum sta-
c Job. xxxiv. 18. 30. tuta tenentes, eos qui excommunicatis
d Hjec sola Novitas, ne dicam Hasre- fidelitate aut Sacramento constrict! sunt,
sis, nondum in mundo emerserat, ut Sa- Apostolica auctoritate a Sacramento ab-
cerdotes illius qui dicit Regi, Apostata, solvimus, et ne eis fidelitatem observent
et qui regnare facit hypocritas propter omnibus modis prohibemus. — Gkeg.
peccata populi, doceant populum, quod Vll.,Ep. 8. 21., caus. 15. qu. 7. cap. 4.
malis Regibus nullam debeant subject!-

16 OF THE POPE'S SUPREMACY. [BARROW.
And so it is, that (although for many successions before
Pope Hidebrand the Popes were not in condition or capacity
to take so much upon them ; there having been a row of
persons intruded into that See void of virtue, and of small
authority, most of them very beasts, who depended upon the
favour of Princes for their admittance, confirmation, or sup
port in the place ; yet) we may find some Popes before him,
who had a great spice of those imperious conceits, and upon
occasion made very bold with Princes, assuming power over
them, and darting menaces against them. For
Pope Leo IX. telleth us, " that Constantine M. did think
it very unbecoming, that they should be subject to an earthly
empire whom the Divine Majesty had set over an Heavenly : " a
and surely he was of his author's mind, whom he alleged :
although, indeed, this Pope may be supposed to speak this,
and other sayings to that purpose, by suggestion of Hilde-
brand, by whom he was much governed.1'
Pope Stephanus VI. told the Emperor Basilius, that he
ought to be subject with all veneration to the Roman Church.6
Pope John VIII. (or IX.) did pretend obedience due to
him from Princes ; and in default thereof threatened to ex
communicate them.d
Pope Nicolas I. cast many imperious sayings and threats
at King Lotharius ; these among others : " We do there
fore, by Apostolical authority, under obtestation of the Divine
judgment, enjoin to thee, that in Treves and Cologne thou
shouldst not suffer any Bishop to be chosen, before a report
be made to our Apostleship." e (Was not this satis pro im-
perio f) And again, " That being compelled thou mayest
be able to repent, know, that very soon thou shalt be struck
with the Ecclesiastical sword ; so that thou mayest be afraid
any more to commit such things in God's Holy Church." f
a Valde indignum fore arbitratus, ter- a Ann. 873. — Cuncti venire per in-
reno imperio subdi, quos Divina Ma- obedientiam neglexistis.  Joh. VIII.,
jestas prcefecit ccelesti  P. Leo IX., Ep. 119. Deinceps excommunicamus
Ep. 1. cap. 12. omnes, &c  Ibid.
b Plat, in Vita Leon. IX. « Ann. 858— Idcirco Apostolica au-
c Quis te seduxit, ut Pontificem (Ecu- thoritate, sub Divini judicii obtestatione,
menicum scommatibus lacesseres, et S. injungimus tibi, ut in Trevirensi urbe et
Romanam Ecclesiam maledictis inces- in Agrippina Colonia nullum eligi pati-
seres, cui cum omni veneratione subditus aris, antequam relatum super hoc nostro
esse debes ? — Steph. VI., Ep. 1. ; Ba- Apostolatui fiat. — Grat. Dist. 63. cap. 4.
bon. Ann. 885. §11. ' Ut saltern compulsus resipiscere va-

BARROW.] OF THE POPE'S SUPREMACY. 17
And this he suggesteth for right doctrine, that subjection
is not due to bad Princes ; perverting the Apostle's words
to that purpose, " Be subject to the King as excelling, that
is," saith he, " in virtues, not in vices : " a whereas the
Apostle meaneth eminency in power.
Pope Gregory VII. doth also allege Pope Zachary, "who,"
saith he, " did depose the King of the Franks, and did ab
solve all the French from the oath of fidelity which they had
taken unto him, not so much for his iniquities, as because he
was unfit for such a power." b
This, indeed, was a notable act of jurisdiction, if Pope
Gregory's word may be taken for matter of fact : but divers
maintain, that Pope Zachary did only concur with the re
bellious deposers of King Chilperick in way of advice or ap
probation, not by authority.
It was pretty briskly said of Pope Adrian I., " We do by
general decree constitute, that whatever King, or Bishop, or
Potentate, shall hereafter believe, or permit that the censure
of the Roman Pontiffs may be violated in any case, he shall
be an execrable anathema, and shall be guilty before God
as a betrayer of the Catholic faith."6
" Constitutions against the Canons and Decrees of the
Bishops of Rome, or against good manners, are of no
moment.'"1 Before that, Pope Gregory II. because the Eastern Em
peror did cross the worship of images, did withdraw subjec
tion from him, and did thrust his authority out of Italy.
" He," saith Baronius, " did effectually cause both the Ro-
leas, noveris, te citissime mucrone Ec- c A. D. 772. — Generali decreto con-
clesiastico feriendum ; ita ut ulterius stituimus, ut cxsecrandum anathema sit,
talia in S. Dei Ecclesia perpetrare for- et veluti prsevaricator Catholica; fidei
inides. — P. Nic. I., Ep. 64. semper apud Deum reus exsistat, qui-
a Regi quasi prascellenti, virtutibus cunque Regum, seu Episcoporum, vel
scilicet, non vitiis, subditi estote. — P. Potentum, deinceps Romanorum Pon-
Nic. I., Epist. 4. Append, p. 626. tificum censuram in quocunque credi-
" Alius item Rom. Pontifex, Zacha- derit, vel permiserit violandam. — P.
rias scilicet, Regem Franeorum, non tarn Had. I., Capit. apud Ghat., caus. 25.
pro suis iniquitatibus, quam pro eo qudd qu. 1. cap. II.
tanta; potestati erat inutilis, deposuit ; d Constitutions contra canones et
omnesque Francigenas a jurame.nto fide- decreta Pra;sulum Romanorum, vel
litatis quod illi. ... — Veeret., 2d part, bonos mores, nullius sunt momenti. —
caus. 15. q. 6. Distinct. 10. cap. 4.
VOL. III. C

18 OF THE POPE'S SUPREMACY. [BARROW.
mans and Italians to recede from obedience to the Em
peror." a
This was an act in truth of rebellion against the Em
peror, in pretence of jurisdiction over him ; for how other
wise could he justify or colour the fact ? " So," as Baronius
refiectetb, he did leave to posterity a worthy example (for
sooth !) that Heretical Princes should not be suffered to reign
in the Church of Christ, if, being warned, they were found
pertinacious in error." b
And no wonder he then was so bold, seeing the Pope had
obtained so much respect in those parts of the world, that,
as he told the Emperor Leo Isaurus, "all the kingdoms of
the West did hold St. Peter as an earthly God :" 6 of which
he might be able to seduce some to uphold him in his rebel
lious practices.
This is the highest source, as I take it, to which this ex
travagant doctrine can be driven. For that single passage
of Pope Felix III., though much ancienter, will not amount
to it. "It is certain, that, in causes relating to God, it is
the safest course for you, that, according to his insti
tution, you endeavour to submit the will of the King to the
Priests, &c. " d
For while the Emperor did retain any considerable autho
rity in Italy, the Popes were better advised than to vent such
notions ; and while they themselves did retain any measure
of pious or prudent modesty, they were not disposed to it.
And we may observe divers Popes near that time in word
and practice thwarting that practice. For instance,
Pope Gelasius, a vehement stickler for Papal authority,
doth say to the Emperor Anastasius, " I, as being a Roman
born, do love, worship, reverence thee as the Roman Prince."6
And he saith, that " the Prelates of Religion, knowing the
" a. d. 730. — Tum Romanos tum a Certum est, rebus vestris hoc esse
Italos abejus obedientia recederepenitiis salutare, ut, cum de causis Dei ao-itur,
fecit. — Baiion. Ann. 7S0. §40. juxta ipsius constitutionem, Regiam vo-
b Sic dignum posteris reliquit exem- luntatem, Sacerdotibus Christi studeatis
plum, ne in Ecclesia Christi regnare subdere, non prasferre, &c  P. Felix
sinerentur hasretici Principes, si sa;pe III., Ann. 4S3. dist. 10. cap. 3.
moniti, in errore persistere obstinato ani- ° Te, sicut Romanus natus, Romamim
mo invemrentur. — Baron, ibid. Principem amo, colo, suspicio.  P.
c "Op at TrSrrai £a.o-iA<=7ai ttjs Svtreas &s Gelas. I., Epist. 8. {ad Anast. Imp.)
aebl/ iirlyeiov exovci. — Greg. II., Ep. 1.
Bin. torn. v. p. 508.

BARROW.] OF THE POPE'S SUPREMACY. 1Q
empire conferred on him by Divine Providence, did obey his
laws." a And otherwhere he discourseth, " that Christ had
distinguished by their proper acts and dignities the offices
of ecclesiastical and civil power," b that one should not
meddle with the other ; so disclaiming temporal power due
to himself, being content to screw up his spiritual authority.
After him, as is well known, Pope Gregory I. (as became
a pious and good man) did avow the Emperor for "his
Lord, by God's gift superior to all men, to whom he was
subject, whom he in duty was bound to obey;"6 and sup
posed it a high presumption for any one to " set himself
above the honour of the Empire,'"1 by assuming the title of
Universal Bishop.
After him6, Pope Agatho, in the Acts of the Sixth Ge
neral Council, djth call the Emperor Constantine Pogo-
natus his Lord ; doth avow " himself, together with all Pre
sidents of the Churches, servants to the Emperor ; " doth
say, that his See and his Synod were subject to him, and
did owe obedience to him.f
Presently after him, Pope Leo II., who confirmed that
General Synod, doth call the Emperor " the prototype Son
of the Church ;"g and acknowledged the body of Priests to
be servants "(meanest servants) of his Royal Nobleness."11
After him, Pope Constantine (the immediate predecessor
of Pope Gregory II.), when the Emperor did command him
to come to Constantinople, " the most holy man," saith
Anastasius in his Life, "did obey the Imperial commands."'
* Cognoscentes imperium tibi superna e a.u. 680.
dispositione collatum, legibus tuis ipsi f AeGTruVai xal Tixva. — Act. Syn. VI.
quoque parent religionis antistites. — P. p. 53. 'Hfieis SovKoi tou /SacnAeW  Ibid.
Gelas. I. Epist. 8 (ad Anast. Imp.} p. 304. 'H/tere'pa Sov\eia. — Ibid. p. 32.
b Chiistus, dispensatione magnified Tcov iKtcX-qo-iiiv irpSeSpoi ol douKoi rati
temperans, sic actionibus propriis digni- XpiOTiaviKoyra/rov iip-Siv Kpdrovs. — Ibid,
tatibnsque distinctis officia potestatis p. 94. AovAwbs vp.S>v xaff iifias S>p6vos. —
utriusque discrevit, &c. Ibid. p. 64. "Eceksc umxKoijs, %s d(pei\o/Mey.
c Ad hoc potestas dominorum meo- — Ibid. p. 33, 34.
rum pietati ccelitus data est super omnes £ Xlpior6rvTrav iKK\t]oias TeKvov. — Ibid.
homines — p. 303.
Ego indignus famulus vester — h 'H fiairihue)} ebyiveta toIs itrxdrois
Eiro quidem jussioni subjectus. !<u"riji Soi\OLS avyKareSaivt. — Ibid. p.
—P. Gkeg. I., Ep. 2:26. 304.
d Qui honori quoque Imperii vestri se ' a. n. 709. — Misit Imp. ad Constan-
per privatum vocabulum superponit. — tinum P. sacram, per quam jussit eum
Ibid. Ep. 4. 32. ad Regiam ascendere urbem ; qui sanc-
c 2

20 OF THE POPE'S SUPREMACY. [BARROW.
Yea, Pope Gregory II. himself, before his defection (when
perhaps the circumstances of time did not animate him thereto),
did, in his Epistle to Leo Isaurus, acknowledge him as Em
peror to be the "head of Christians,"3 and himself conse
quently subject to him.
This Gregory, therefore, may be reputed the father of that
doctrine, which, being fostered by his successors, was by Pope
Gregory VII. brought up to its robust pitch and stature.
I know Pope Gregory VII., to countenance him, doth
allege Pope Innocent I. excommunicating the Emperor Ar- i
cadius for his proceedings against St. Chrysostom b : and
the writers of St. Chrysostom's Life , with others of the like \
age and credit, do back him therein.6 But seeing the histo
rians who lived in St. Chrysostom's own timed, and who \
write very carefully about him, do not mention any such j
thing ; seeing that, being the first act in the kind, must I
have been very notable, and have made a great noise ; seeing
that story doth not suit with the tenor of proceedings re-;
ported by those most creditable historians in that case ; seeing
that fact doth nowise sort to the condition and way of those
times, that report cannot be true, and it must be numbered
among the many fabulous narrations devised by some wanton
Greeks to set out the life of that excellent personage.
The same Pope doth also allege St. Gregory Magnus de
nouncing excommunication and " deprivation of honour to
all Kings, Bishops, Judges,"6 &c who should violate the
privilege granted to the Monastery of St. Medard. But
this (as are many such privileges) is a rank forgery, un
worthily imposed on Pope Gregory (that prudent, meek, and
holy man), much to his wrong and disgrace : which I will
not be at trouble to confute, having shown St. Gregory to
have been of another judgment and temper, than to behave
himself thus toward Princes ; and seeing that task is abun-
tiss. vir jussis imperialibus obtemperans. A Socrates, Sozomen, Theodoret, Pal-
... — Anast. in Vit. P. Const. ladius.
-" 'n*/«°-'*eis *«' «<^ -rS>v Xpurria- e S;qil;s autem R _ Antistitum,j
""w ' ' adLeonem /s> BP- 1- Judipum, vel quarumcunque secularium
P b r i7tt -n , „ personarum, hujns Apostolica; auctori-
Am &lf ' "' An"' tat'S' et n°StriE P™<*ptionis decreta vio-
°J",S 41 ,T>i „, laverit,...cnjuscunque dignitatis vel sub-
Georg. Alex. Vit. Chrys. cap. 68.; Hmitatissit, honore suo privetur.-GaEG.
Anon. Vit. Chrys. cap. 39. M. Post Epht. 38. lib. ii.

BARROW.] OF THE POPE'S SUPREMACY. 21
dantly discharged by that very learned man, Monsieur
Launoy.a Indeed (upon this occasion to digress a little further) it
doth not seem to have been the opinion of the ancient Popes
that they might excommunicate their sovereign Princes ; for
if they might, why did they forbear to exercise that power,
when there was greatest reason and great temptation for it ?
Why did not Pope Julius or Pope Liberius excommuni
cate Constantius, the great favourer of the Arians, against
whom Athanasius, St. Hilary, and Lucifer Calar. do so
earnestly inveigh, calling him heretic, Antichrist, and what
not ? How did Julian himself escape the censure of Pope
Liberius ? Why did not Pope Damasus thunder against
Valens, that fierce persecutor of Catholics ? Why did not
Damasus censure the Empress Justina, the patroness of
Ariauism ? Why did not Pope Siricius censure Theodo
sius I. for that bloody fact for which St. Ambrose denied him
the communion ? How was it that Pope Leo I. (that stout
and high Pope) had not the heart to correct Theodosius
Junior in this way, who was the supporter of his adversary
Dioscorus, and the obstinate protector of the second Ephesine
Council, which that Pope so much detested ? Why did that
Pope not rather compel that Emperor to reason by censures,
than supplicate him by tears ? How did so many Popes
connive at Theodoric, and other princes professing Arianism
at their door ? Wherefore did not Pope Simplicius or Pope
Felix thus punish the Emperor Zeno, the supplanter of the
Synod of Chalcedon, for which they had so much zeal ?
Why did neither Pope Felix, nor Pope Gelasius, nor Pope
Symmachus, nor Pope Hormisdas excommunicate the Em
peror Anastasius (yea did not so much, Pope Gelasius saith,
as "touch his name,"5) for countenancing the Oriental
Bishops in their schism, and refractory non-compliance with
the Papal authority ? Those Popes did indeed clash with
that Emperor, but they expressly deny that they did con
demn him with others whom he did favour. " We," saith
Pope Symmachus " did not excommunicate thee, O Emperor,
a Epist. pars 7. tum, cum super hac parte decessor mcus
b Quid sibi vult autem, quod dixerit non solum minime nomen ejus attigerit?
Imperator a nobis se in religione damna- — P. Gelas. I., Ep. 4. -
c 3

22 OF THE POPE'S SUPREMACY. [BARROW.
but Acacias. If you mingle yourself, you are not excom
municated by us, but by your self."* And "if the Em
peror pleaseth to join himself with those condemned," saith
Pope Gelasius, "it cannot be imputed to us."b
Wherefore Baronius doth ill in affirming Pope Symma
chus to have anathematised Anastasius6 : whereas that Pope
plainly denied that he had excommunicated him ; yea, denied
it even in those words which are cited to prove it, being
rightly read : for they are corruptly written in Baronius and
Binius ; ego (which hath no sense, or one contradictory to
his former assertion, being put for nego, which is good
sense, and agreeable to what he and the other Popes do
affirm in relation to that matter.3
Why, do we not read that any Pope formally did excom
municate, though divers did zealously contradict and oppose,
the Princes who did reject images ?
In fine, a noble Bishop above 500 years ago did say, " I
read and read again the records of the Roman Kings and l
Emperors, and I no where find that any of them before this
was excommunicated or deprived of his kingdom by the
Roman Pontiff."6
Surely, therefore, the ancient Popes did either not know
their power, or were very negligent of their duty.
Such have been the doctrine and behaviour of Popes in
reference to their power.
Sect. 5. This doctrine of the Pope's universal power over
all persons in all matters may reasonably be supposed the
sentiment of all Popes continually for a long time, even for
more than 500 years unto this present day. For,
1. If this doctrine be false, it implieth no slight error,
a Noste non excommunicavimus, Im- " You say that I excommunicated you
perator, sed Acacium . . .; Si te misces, by the joint consent of the Senate. This
non a nobis, sed a teipso excommuni- I deny : but I undoubtedly follow what
catus es.— P. Svmmachus I., Ep. 7. was with good reason done by my pre-
b Si isti placet se miscere damnatis, decessors."
nobis non potest imputari.— P. Gelas. I., " Lego et relego Romanorum Regum
•"P- i' . , et Imperatorum gesta, et nusquam in-
c -oaron. Ann. 503. § 17. renio quenquam eorum ante hunc a Ro-
Dicis quod, mecum conspirante Se- mano Pontifice excommunicatum, vel
natu, excommumcaverim te. Ista qui- regno privatum.— Otho Fiusino Chron.
dem ego (nego), sed rationabiliter factum lib. vi. cap. 35.
a decessoribus meis sine dubio subsequor.
—P. Sym. Epist. 7.

BARROW.] OF THE FOPE's SUPREMACY. 23
but one of a very high nature, and most dangerous con
sequence ; which involveth great arrogance and iniquity,
which tendeth to work enormous wrongs and grievous mis
chiefs : whence, if any Pope should conceive it false, he
were bound openly to disclaim, to condemn, to refute it ; lest
the authority of his predecessors, and his connivance, should
induce others into it, or settle them in it ; as it is (in regard
to Pope Honorius) charged upon Pope Leo II., " who did
not, as it became the Apostolical authority, extinguish the
flame of heretical doctrine beginning, but did, by neglecting,
cherish it."a In such a case a Pope must not be silent;
for "no small danger," said Pope Gelasius, "lieth upon Popes
in being silent about what agreeth to the service of God :"b
and " if," saith Pope Paschal, " a Pope by his silence doth
suffer the Church to be polluted with the gall of bitterness
and root of impiety, he should nowise be excusable before
the Eternal Judge:"6 and "error," saith Pope Felix III.,
" which is not resisted (by those in eminent office) is ap
proved ; and truth which is not defended, is oppressed : " d
and " he is not free from suspicion of a close society in
mischief, who ceaseth to obviate it :"e and " we," saith Pope
Gregory I., " do greatly offend, if we do hold our peace at
things that are to be corrected."' But all Popes since the
time specified have either openly declared for this doctrine,
or have been silent, and so have avowed it by tacit consent.
2. Any Pope disapproving that tenet were bound to
renounce communion with those that hold and profess it ; or
at least to check and discountenance it. But on the con
trary, they have suffered it to be maintained in their presence
and audience ; and have hugged that sort of men with
especial favour, as their most affectionate and sure friends :
" Cum Honorio, qui flammam haeretici Paschal IT., Ep. 3. (ad Anselm. Cant.)
dogmatis non, ut decuit Apostolicam au- a Error cui non resistitur, approbatur ;
thoritatem, incipientem extinxit, sed neg- et Veritas qua; minime defensatur, oppri-
ligendo confovit. — P. Leo II., Ep. 2. mitur.— P. Felix III., Ep. 1. (ad Ac a,
b Non leve discrimen incumbit Ponti- tium. )
ficibus siluisse pro divinitatis cultu quod ° Non caret scrupulo societatis oc-
congruit.  P. Gelas. I., Ep. 8. (ad culta;, qui evidenter facmori desinit ab.
Anastas.' Imp.) "are. — Id. ibid.
c Si ver6 nostro silentio pateremur f Si ea qua; nobis corrigenda sunt tace-
Ecclesiam felle amaritudinis et impie- mus, valde delinquimus. — P. Grec. I.,
tatis radice pollui, qua ratione possemus Ep. 2. 37.
apud JEternum Judicem excusare? — P. •
c 4

24 OF THE POPE'S SUPREMACY. [BARROW.
they have suspected, discountenanced, and frowned on those
who have showed dislike of it.
Those men indeed who vouch this doctrine, may reason
ably be deemed to do it as accomplices with the Popes, on
purpose to gratify and curry favour with them, in hopes of
obtaining reward and preferment of them for it.a
3. The chief authors and most zealous abettors of these
notions (Popes, Synods, Doct6rs of the School) have con
tinually passed for most authentic masters of divinity, and
have retained greatest authority in the Church governed and
guided by the Pope.
4. The Decrees containing them do stand in their Canon-
Law, and in their Collections of Synods, without any caution
or mark of dislike ; which is a sufficient indication of their
constant adherence to this doctrine.
5. The common style of the Papal Edicts or Bulls doth
import their sense ; which is imperious, in regard to all per
sons without exception : " Let no man," say they, " presume
to infringe this our will and command," &c.
6. Popes of all tempers and qualifications (even those
who have passed for the most wise and moderate among
them) have been ready to practise according to those prin
ciples, when occasion did invite, and circumstances of things
did permit ; interdicting Princes, absolving subjects from
their allegiance, raising or encouraging insurrections ; as
appeareth. by their transactions not long since against our
Princes, and those of France ; which shows the very See
imbued with those notions.
7. They do oblige all Bishops most solemnly to avow this
doctrine, and to engage themselves to practise according to
it. For in the oath prescribed to all Bishops they are re
quired to avow, that "they will observe the Apostolical
commands with all their power, and cause them to be
observed by others;"13 that " they will aid and defend the
Roman Papacy and the Royalties of St. Peter, against every
man;"6 that "they will to their power persecute and
a Oi> p6vovaira iromvaw, o.\\a Ka\ crw- c Papatum Romanum et Regalia S.
cvooicovcn to7s -Kpauoomi, Rom. i. 32. Petri adjutor eis ero ad retinendum et
" They not only do the same, but have defendendum contra omnem hominem.
pleasure in them that do them.'1
b Mandata - Apostolica totis viribus
observabo, et ab aliis observari faciam.

BARROW.} OF THE POPE S SUPREMACY. 25
impugn heretics, schismatics, and rebels to the Pope or his
successors,"" without any exception ; which was, I sup
pose, chiefly meant against their own Prince (if occasion
should be) ; together with divers other points, importing
their acknowledgment and abetting the Pope's universal
domination. These horrible oaths of Bishops to the Pope do seem to
have issued from the same shop with the high Hildebrandine
dictates : for the oath in the Decretals is ascribed to Pope
Gregory6 (I suppose Gregory VII.). And in the sixth
Roman Synod, under Gregory VII.6, there is an oath of like
tenor exacted from the Bishop of Aquileia ; perhaps, occa
sionally, which in pursuance of that example might be
extended to all.
And that before that time such oaths were not imposed
doth appear from hence, that when Pope Paschal II. did
require them from some great Bishops4 (the Bishop of
Palermo, and the Archbishop of Poland), they did wonder
and boggle at it as an uncouth novelty ; nor doth the Pope
in favour of his demand allege any ancient precedent, but
only proposeth some odd reasons for it. " You have sig
nified unto me, most dear Brother, that the King and his
nobles did exceedingly wonder, that an oath with such a
condition should be everywhere offered you by my Commis
sioners, and that you should take that oath, which I had
written, and they tendered to you."6
Sect. 6. All Romanists, in consistence with their principles,
do seem obliged to hold this opinion concerning the Pope's
universal power. For, seeing many of their standing masters
and judges of controversies have so expressly from their chair
declared and defined it ; all the row for many ages consenting to
it and countenancing it ; not one of them having signified any
dissent or dislike of it : and considering that, if in any thing
they may require or deserve belief, it is in this point ; for in
a Hsereticos, schismaticos, et rebelles e Significasti, frater cbarissime, Regem
cidem Domino nostro vel successoribus et regni majores admiratione permotos,
prsedictis pro posse persequar et impug- quod passim tibi ab apocrisiariis nostris
naDO_ tali conditione oblatum fuerit, si sacra-
b Greg. Decret. lib. ii. tit. 24. cap. 4. mentum, quod a nobis scriptum detulc-
<: Concil. Rom. VL, apud Bin. p. 489. rant, jurares — P. Pasch. II., Ep. 6.
d Decret. Greg. lib. i. tit. 6. cap. 4.

26 OF THE POPE'S SUPREMACY. [BARROW.
what are they more skilful and credible than about the nature
of their own office ? "What," saith Bellarmine wisely, "may
they be conceived to know better than the authority of their
own See?"a Seeing it hath been approved by their most
great and famous Councils, which they hold universal, and
which their adored Synod of Trent doth allege for such (the
Lateran under Pope Innocent III., that of Lyons under Pope
Innocent IV., the other Lateran under Pope Leo X.) :
seeing it hath been current among their Divines of greatest
vogue and authority, the great masters of their school :
seeing by so large a consent and concurrence, during so
long a time, it may pretend (much better than divers other
points of great importance) to be confirmed by tradition, or
prescription : why should it not be admitted for a doctrine
of the Holy Roman Church, " the Mother and Mistress of
all Churches?" How can they who disavow this notion
be true sons of that Mother, or faithful scholars of that
Mistress ? How can they acknowledge any authority in
their Church to be infallible, or certain, or obliging to assent?
How can they admit the Pope for authentic judge of
controversies, or master of Christian doctrine, or in any
point credible, who hath in so great a matter erred so foully,
and seduced the Christian world ; whom they desert in a
point of so great consideration, and influence on practice ;
whom they, by virtue of their dissent from him in this
opinion, may often be obliged to oppose in his proceedings ?
How can they deny, that bad doctrines might creep in,
and obtain sway in the Church, by the interest of the Pope
and his clients ?
How can they charge novelty or heterodoxy on those who
refuse some dictates of Popes, of Papal Councils, of scho
lastic Divines, which stand upon no better grounds than those
on which this doctrine standeth ?
Why hath no Synod, of the many which have been held
in all parts of Christendom, clearly disclaimed this opinion ;
but all have let it slip, or have seemed by silence to approve it?
Yea, how can the concord and unity of that Church well
consist with a dissent from this doctrine ? For,
No man apprehending it false, seemeth capable with good
» Ipsis prascipue debet esse nota sua; Sedis authoritas.  Bell. i. 3.

BARROW.] OF THE POPE'S SUPREMACY. 27
conscience to hold communion with those who profess it :
for, upon supposition of its falsehood, the Pope and his chief
adherents are the teachers and abettors of the highest viola
tion of Divine commands, and most enormous sins ; of
usurpation, tyranny, imposture, perjury, rebellion, murder,
rapine, and all the villanies complicated in the practical in
fluence of this doctrine.
It seemeth clear as the sun, that if this doctrine be an
error, it is one of the most pernicious heresies that ever was
vented ; involving the highest impiety, and producing the
greatest mischief. For, if he that should teach adultery,
incest, simony, theft, murder, or the like crimes to be lawful,
would be a heretic ; how much more would he be such,
that should recommend perjury, rebellion, regicide (things
inducing wars, confusions, slaughters, desolations, all sorts
of injustice and mischief), as duties ?
How then can any man safely hold communion with such
persons ? May we not say with Pope Symmachus, that
"to communicate with such, is to consent with them?"a
with Pope Gelasius, that " it is worse than ignorance of the
truth to communicate with the enemies of truth ?"b and,
that " He who communicateth with such an heresy is
worthily judged to be removed from our society?"6
Sect. 7» Vet so loose and slippery are the principles of
the party which is jumbled in adherence to the Pope, that
divers will not allow us to take this tenet of Infinite Power
to be a doctrine of their Church ; for divers in that Com
munion do not assent to it.
For there is a sort of heretics (as Bellarmine and Baro
nius call them) skulking every where in the bosom of their
Church, all about Christendom, and in some places stalking
with open face, who restrain " the Pope's authority so far,
as not to allow him any power over Sovereign Princes in
temporal affairs ; much less any power of depriving them of
their kingdoms and principalities.'"1
"An communicare non est consentire merito judicatur a nostra societate remo-
cumtalibus? — P. Stm. \.,Ep.1. vendus. — Id. ibid. Vid. Ep. 13. p.
b Quasi non sit deterius, et non igno- 642.
rasse veritatem, et tamen communicasse a Altera non tam sententia quam
cum veritatis inimicis. — P. Gelas. I. ha-resis duo docet : primo, Pontificem
jrjn. i. ut Pontificem ex jure Divino nullam lia-
-c Cuicunque hasresi communicans bere temporalem potestatem, nee posse

28 OF THE POPE'S SUPREMACY. [BARROW.
" They are all branded for heretics, who take from the
Church of Rome and the See of St. Peter, one of the two
swords, and allow only the spiritual."2 This heresy Baro
nius hath nominated the " Heresy of the Politics.""
This heresy a great nation, otherwise sticking to the
Roman Communion, doth stiffly maintain, not enduring the
Papal Sovereignty over Princes in temporals to be preached
in it.
There were many persons, yea Synods, who did oppose
Pope Hildebrand in the birth of his doctrine, condemning it
for a pernicious novelty, and branding it with the name of
Heresy ; as we before showed.
Since the Hildebrandine age there have been in every
nation (yea in Italy itself) divers Historians, Divines, and
Lawyers, who have in elaborate tracts maintained the Royal
Sovereignty against the Pontifical.6
This sort of heretics are now so much increased, that the
Hildebrandine doctrine is commonly exploded. Which
by the way showeth, that the Roman party is no less than
others subject to change its sentiments ; opinions among
them gaining and losing vogue, according to circumstances
of time and contingencies of things.
Sect. 8. Neither are the adherents to the Roman Church
more agreed concerning the extent of the Pope's authority
even in spiritual matters.
For, although the Popes themselves plainly do claim an
absolute supremacy in them over the Church ; although the
stream of Divines who do flourish in favour with them doth
run that way; although, according to their principles (if
they had any principles clearly and certainly fixed), that
might seem to be the doctrine of their Church : yet is there
among them a numerous party, which doth not allow him
such a supremacy, putting great restraints to his authority
(as we shall presently show). And as the other party doth
charge this with heresy, so doth this return back the same
imputation on that.
ullo modo imperare Principibus secula- spiritualem concedunt. — Bakon Ann
r.bus, nedum eos regnis et principatu 1053. 8. 14 ^ Ann'
pnvare. _ B*ll. 5. 1. » H^resis politicorum._BAaoN 4™
a ILeres.s errore notantur omnes, qui 1073. § 13 ™"ft"'
ab Ecclesia Rom. cathedra Petri e duo- ' Otto Frising, Sigebert Ahh„* rn
bus alteram gladium auferunt, nee nisi Occam, Marsilius Pata" &c UbSP"

BARROW.] OF THE POPE'S SUPREMACY. 29
Sect. 9. That their doctrine is in this matter so various
and uncertain, is no great wonder ; seeing interest is con
cerned in the question, and principles are defective toward
the resolution of it.
1. Contrary interests will not suffer the point to be de
cided, nor indeed to be freely disputed on either hand.
On one hand, the Pope will not allow his prerogatives to
be discussed ; according to that maxim of the great Pope
Innocent III. " When there is a question touching the
privileges of the Apostolic See, we will not that others judge
about them."a Whence (as we before touched) the Pope
did peremptorily command his legates at Trent, in no case
to permit any dispute about his authority.
On the other hand, the French will not permit the supre
macy of their King in temporals, or the privileges of their
Church in spirituals, to be contested in their kingdom. Nor
we may suppose would any Prince admit a decision prejudi
cial to his authority and welfare, subjecting and enslaving
him to the will of the Roman Court. Nor (we may hope)
would any Church patiently comport with the irrecoverable
oppression of all its rights and liberties by a peremptory
establishment of Papal omnipotency.
2. Nor is it easy for their dissensions to be reconciled
upon theological grounds, and authorities to which they pre
tend deference. For, not only their schools and masters of
their doctrine do in the case disagree, but their Synods do
notoriously clash.
Sect. 10. Yea even Popes themselves have shifted their
pretences, and varied in style, according to the different
circumstances of tihie, and their variety of humours, designs,
interests. In time of prosperity and upon advantage, when they
might safely do it, any Pope almost would talk high and
assume much to himself: but when they were low, or stood
in fear of powerful contradiction, even the boldest Popes
would speak submissively or moderately. As for instance,
Pope Leo I. after the second Ephesine Synod, when he had
to do with Theodosius II. did humbly supplicate, and whine
¦ Cum super privilegiis Sedis Apos- per alios judicari. — Gregor. Deer. lib. ii.
tollca; causa vertatur, nolumus de ipsis tit. 1. cap. 12.

30 OF THE POPE'S SUPREMACY. [BARROW.
pitifully ; but after the Synod of Chalcedon, having got the
Emperor favourable, and most of the Bishops complacent to
him, he ranted bravely. And we may observe, that even
Pope Gregory VII. who did swagger so boisterously against
the Emperor Henry, was yet calm and mild in his contests
with our William the Conqueror ; who had a spirit good
enough for him, and was far out of his reach.
And Popes of high spirit and bold face (such as Leo I.,
Gelasius I., Nicholas I., Gregory II., Gregory VII., Inno
cent III., Boniface VIII., Julius II., Paul IV., Sixtus V.,
Paul V., &c), as they did ever aspire to screw Papal
authority to the highest peg ; so would they strain their
language in commendation of their See as high as their
times would bear. But other Popes, of meeker and modester
disposition (such as Julius I., Anastasius II., Gregory I.,
Leo II., Adrian VI., &c), were content to let things stand as
they found them, or to speak in the ordinary style of their
times ; yet so, that few have let their authority to go back
ward or decline.
We may observe, that the pretences and language of Popes
have varied according to several periods, usually growing
higher as their state grew looser from danger of opposition
or control.
In the first times, while the Emperors were Pagans, their
pretences were suited to their condition, and could not soar
high ; they were not then so mad as to pretend to any tem
poral power, and a pittance of spiritual eminency did con
tent them.
When the empire was divided, they could sometimes be
more haughty and peremptory ; as being in the West,
shrouded under the wing of the Emperors there (who com
monly did affect to improve their authority, in competition to
that of other bishops), and at distance from the reach of the
Eastern Emperor.3
The cause of Athanasius having produced the Sardican
Canons, concerning the revision of some causes by the Popes,
by colour of them they did hugely enlarge their authority,
and raise their style ; especially in the West, where they had
great advantages of augmenting their power.
a P. Nich. ad Imp. Mich. p. 511. 513.

BARROW.] OF THE POPE'S SUPREMACY. SI
When the Western Empire was fallen, their influence upon
that part of the empire, which came under protection of the
Eastern Emperors, rendering them able to do service or dis
service to those Emperors, they, according to the state of
times and the need of -them, did talk more big or more
tamely. Pope Boniface III. having, by compliance with the usurper
Phocas, obtained a declaration from him concerning the
Headship of the Roman Church, did make a considerable
step forward toward the height of Papal greatness.
After that, Pope Gregory II. had withdrawn Italy from
the Oriental Empire, and Rome had grown in a manner
loose and independent from other secular powers ; in the
confusions of the West, the Pope interposing to arbitrate
between Princes, trucking and bartering with them, as occa
sion served, for mutual aid and countenance, did grow in
power, and answerably did advance his pretences.
The spurious Decretal Epistles of the ancient Popes (which
asserted to the Pope high degrees of authority) being foisted
into men's hands, and insensibly creeping into repute, did
inspire the Pope with confidence to invade all the ancient
constitutions, privileges, and liberties of Churches ; and
having got such interest every where, he might say what he
pleased, no clergyman daring to check or cross him. Having
drawn to himself the final decision of all causes, having got
a finger in disposal of all preferments, having by dispensations,
exemptions, and grants of privileges tied to him so many
dependents, what might not he say or do ?
Pope Gregory VII., being a man of un tameable spirit,
and taking advantage from the distractions and corruptions
of his times, did venture to pull a feather with the Emperor ;
and with success having mated him, did set up a peremptory
claim to sovereignty over all persons in all causes.
In his footsteps his successors have trodden, being ever
ready upon occasion to plead such a title, and to practise
according to it. No Pope would forego any power which
had been claimed by his predecessors. And Popes would
ever be sure to have dancers after their pipe, numberless
abettors of their pretences.
No wonder, then, that persons deferring much regard to

32 OF THE POPE'S SUPREMACY. [BARROW.
the authority of Popes, and accommodating their conceits to
the dictates of them (or of persons depending on them),
should, in their opinions, vary about the nature and extent of
Papal authority, it having never been fixed within certain
bounds, or having, in several ages, continued the same thing.
Sect. 11. Wherefore intending, by God's help, to discuss the
pretended authority of the Pope, and to show that he, by no
Divine institution, and by no immutable right, hath any such
power as he doth claim ; by reason of this perplexed variety
of opinions, I do find it difficult to state the question, or to
know at what distinct mark I should level my discourse.
Sect. 12. But, seeing his pretence to any authority in
temporals, or to the civil sword, is so palpably vain, that it
hardly will bear a serious dispute, having nothing but impu
dence and sophistry to countenance it ; seeing so many in
the Roman Communion do reject it, and have substantially
confuted it ; seeing now most are ashamed of it, and very
few (even among those sects which have been its chief
patrons) will own it ; seeing Bellarmine himself doth ac
knowledge it a novelty, devised about 500 years ago, in
St. Bernard's timea ; seeing the Popes themselves, whatever
they think, dare now scarce speak out, and forbear, upon
sufficient provocation, to practise according to it : I shall
spare the trouble of meddling with it, confining my discourse
to the Pope's authority in ecclesiastical affairs ; the pretence
whereto I am persuaded to be no less groundless, and no
less noxious than the other to Christendom ; the which being
overthrown, the other, as superstructed on it, must also
necessarily fall.
Sect. 13. And here the doctrine which I shall contest
against is that in which the cordial partisans of that See do
seem to consent, which is most common and current, most
applauded and countenanced in their theological schools ;
which the Popes themselves have solemnly defined, and de
clared for standing law, or rule of jurisdiction ; which their
most authentic Synods (whereby their religion is declared,
° Primi qui temporalem potestatem " The first that yield the Pope tem-
summo Pontifici ex Christi institutione poral power by Christ's Institution, seem
tribuunt, videntur esse Hugo de S. Vic- to be Hugo," &c.
tore, Bernardus, &c. — Bell. 5. 5.

BARROW.] OF THE POPE'S SUPREMACY. S3
and distinguished from others) have asserted or supposed;
which the tenor of their discipline and practice doth hold
forth ; which their clergy, by most solemn professions and
engagements, is tied to avow ; which all the clients and
confidents of Rome do zealously stand for (more than for
any other point of doctrine) ; and which no man can disclaim
without being deemed an enemy, or a prevaricator toward
the Apostolic See.
Sect. 14. Which doctrine is this, That (in the words of the
Florentine Synod's definition) " the Apostolical chair and the
Roman High-priest doth hold a primacy over the Universal
Church, and that the Roman High-priest is the successor of
St. Peter, the Prince of the Apostles, and the true Lieutenant.
of Christ, and the head of the Church ; and that he is the
Father and Doctor of all Christians ; and that unto him, in St.
Peter, full power is committed to feed, and direct, and govern
the Catholic Church under Christ ; according as is contained
in the Acts of General Councils, and in the holy Canons." a
That (in the words of Pope Leo X., approved by the
Lateran Synod) " Christ, before his departure from the
world, did, in solidity of the rock, institute Peter and his
successors to be his lieutenants, to whom it is so necessary
to obey, that who doth not obey must die the death." b
That to the Pope, as Sovereign Monarch, by Divine sanc^
tion of the whole Church, do appertain royal prerogatives
{regalia Petri, "the Royalties of Peter," they are called in the
oath prescribed to Bishops) ; such as these which follow : —
To be superior to the whole Church, and to its representa
tive, a General Synod of Bishops. To convocate General
Synods at his pleasure, all Bishops being obliged to attend
upon summons from him. To preside in Synods, so as to
suggest matter, promote, obstruct, overrule the debates in
them. To confirm or invalidate their determinations, giving
life to them by his assent, or subtracting it by his dissent.
To define points of doctrine, or to decide controversies au
thoritatively, so that none may presume to contest or dissent
a "Eti 6pl£ofiev tV ayiav airoo'ToXuciiv tuit, quibus ex libri Regum testimonio
Ka848pav, &c.  Concil. Flor. defin. p. 854. ita obedire necesse est, ut qui non obedi-
b Christus, migraturus ex mundo erit, morte moriatur  P. Leo X., in
ad Patrcm, in soliditate Petra; Petrum Cone. Later, sess. II. p. L5Jjc
ejusque successorcs vicarios suos insti-
VOL. III. D

34 OF THE POPE'S SUPREMACY. [BAEROW.
from his dictates. To enact, establish, abrogate, suspend,
dispense with Ecclesiastical Laws and Canons. To relax or
evacuate Ecclesiastical censures by indulgence, pardon, &c.
To void promises, vows, oaths, obligations to laws, by his
dispensation. To be the fountain of all pastoral jurisdiction
and dignity.3 To constitute, confirm, judge, censure, suspend,
depose, remove, restore, reconcile Bishops. To confer Ec
clesiastical dignities and benefices by paramount authority,
in way of provision, reservation, &c. To exempt colleges,
monasteries, &c, from jurisdiction of their Bishops and
ordinary superiors. To judge all persons in all spiritual
causes, by calling them to his cognizance, or delegating
judges for them, with a final and peremptory sentence. To
receive appeals from all Ecclesiastical judicatories ; and to
reverse their judgments if he findeth cause. To be himself
unaccountable for any of his doings, exempt from judgment,
and liable to no reproof. To erect, transfer, abolish Episco
pal sees. To exact oaths of fealty and obedience from the
clergy. To found religious orders, or to raise a spiritual
militia for propagation and defence of the Church. To sum
mon and commissionate soldiers by crusade, &c, to fight
against infidels, or persecute infidels.
Some of these are expressed, others in general terms
couched, in those words of Pope Eugenius, telling the Greeks
what they must consent unto. " The Pope," said he, " will
have the prerogatives of his Church; and he will have ap
peals to him ; and to feed all the Church of Christ, as shep
herd of the sheep. Beside these things, that he may have
authority and power to convoke General Synods when need
shall be, and that all the patriarchs do yield to his will."b
That the Pope doth claim, assume, and exercise a sove
reignty over the Church endowed with such prerogatives is
sufficiently visible in experience of fact, is apparent by the
authorised dictates in their Canon Law, and shall be distinctly
proved by competent allegations when we shall examine the
branches of this pretended authority.
In the meantime it sufficeth to observe that, in effect, all
b a. 't ' v " ¦ . , . **P Q'»"r'<w Kal Mvafxw o-uyKporiiv avv-
, °?& Ja WW™ -"is tKKX-nalas avrov, olov oUoo^vm^v, Sri 5^<r«e • Kc& mfrraj
^ ~" <*5",/n>" "f^ov, ko\ Tromal- robs *aTP<dpXas iWtte,„ tS &sA4i0„
veat icao-avTiiv eiae\7ialav too Xpurrov, &(T- ainoZ. — Cone. Flor. p. 846 ' ^
¦ntp Trotyl/ rwv irpoSdruv. irpbs tovtois, 'vja

BARROW.] OF THE POPE'S SUPREMACY. 35
clergymen do avow so much who, bond fide, and without
prevarication, do submit to take the oaths and engagements
prescribed to them, of course, by Papal appointment. For
this surely, according to the Pope's meaning (by which their
obligation is to be measured), is designed in the profession
ordained by Pope Pius IV., wherein every beneficed clergy
man is enjoined to say, " And I do promise and swear true
obedience to the Roman Pontiff, the Successor of St. Peter
and the Vicar of Jesus Christ;"3 which profession was
appointed in pursuance of a sanction made by the Trent
Council, that all such persons " should vow and swear to
abide in obedience to the Roman Church ;"b and, conse
quently, how hard soever its yoke should be, they would not
shake it off; which inferreth most absolute sovereignty of
that Church, or of the Pope, who ruleth the roast in it.
But what that true obedience doth import, or how far the
Papal authority in the Pope's own sense, and according to
the public spirit of that Church, doth stretch, is more ex
plicitly signified in the oath which all Bishops at their/ con
secration, and all Metropolitans at their instalment, are re
quired to take ; the which, as it is extant in the Roman
Pontifical, set out by order of Pope Clement VIII.6, doth run
in these terms.
" I N. elect of the Church of N. from henceforward will
be faithful and obedient to St. Peter the Apostle, and to the
Holy Roman Church, and to our Lord, the Lord N. Pope
N. and to his successors canonically coming in. I will
neither advise, consent, nor do any thing that they may lose
life or member, or that their persons may be seized, or
hands anywise laid upon them, or any injuries offered to
them under any pretence whatsoever. The counsel which
they shall entrust me withal, by themselves, their messengers
or letters, I will not knowingly reveal to any to their pre
judice. I will help them to defend and keep the Roman
Papacy, and the Royalties of St. Peter, saving my order,
against all men. The Legate of the Apostolic See, going
a Romanoque Pontifici, B. Petri sue- Ecclesia; obedientla. se permansuros spon-
eessori, ac Jesu Christi Vicario, veram deant ac jurent. — Cone. Trid. sess. 24.
obedientiam spondeo ac juro. — Bull. cap. 12.
Pii IV., super forma juram. c Pontif. Rom. Antwerp, ann. 1626,
b Provisi de benefices .... in Romania p. 59. 86.
D 2

36 OF THE POPE'S SUPREMACY. [BARROW.
and coming, I will honourably treat and help in his neces
sities. The rights, honours, privileges, and authority of
the Holy Roman Church, of our Lord the Pope and his
aforesaid successors, I will endeavour to preserve, defend, in
crease, and advance. I will not be in any council, action,
or treaty in which shall be plotted against our said Lord, and
the said, Roman Church anything to the hurt or prejudice of
their persons, right, honour, state, or power : and if I shall
know any such thing to be treated or agitated by any what
soever, J will hinder it to my power ; and as soon as I can
will signify it to oar said Lord, or to some other by whom
it may come to his knowledge. The rules of the Holy
Fathers, the Apostolic decrees, ordinances, or disposals, re
servations, provisions, and mandates I will observe with all
my might, and cause to be observed by others. Heretics,
schismatics, and rebels to our said Lord or his aforesaid
successors I will to my power persecute and oppose. I
will come to a council when I am called, unless I be hin
dered by a canonical impediment. I will by myself in per
son visit the threshold of the Apostles every three years ;
and give an account to our Lord and his aforesaid succes
sors of all my pastoral office, and of all things anywise be
longing to the state of my Church, to the discipline of my
clergy and people, and lastly, to the salvation of souls com
mitted to my trust ; and will in like manner humbly receive
and diligently the Apostolic commands. And if I be de
tained by a lawful impediment, I iv ill perform all the things
aforesaid by a certain messenger hereto specially empowered,
a member of my chapter, or some other in ecclesiastical
dignity or else having a parsonage ; or in default of these,
by a priest of the diocese ; or in default of one of the Clergy
{of the diocese'} by some other secular or regular Priest of
approved integrity and religion, fully instructed in all things
above mentioned. And such impediment I trill make out by
lawful proofs to be transmitted by the aforesaid messenger to
the Cardinal proponent of the Holy Roman Church in the
congregation of the Sacred Council. The possessions belong
ing to my table I will neither sell nor give away, nor mort
gage, nor grant anew in fee, nor anywise alienate, no not
even with the consent of the chapter of my Church, without

BARROW.]

OF THE POPE'S SUPREMACY.

37

consulting the Roman Pontiff. And if I shall make any
alienation, I will thereby incur the penalties contained in a
certain constitution put forth about this matter. So help
me God and these Holy Gospels of God." a
Such is the oath prescribed to Bishops, the which is worth
the most serious attention of all men, who would understand
how miserably slavish the condition of the clergy is in that
Church, and how inconsistent their obligation to the Pope is
with their duty to their Prince.
And in perusing it we may note, that the clauses in a dif
ferent character are in the more ancient oath extant in the
Gregorian Decretals b : by which it appeareth how the Pope

a Ego N". Electus Ecclesia N. ab
hac hora in antea fidelis etobediens ero E.
Petro Apostolo, Sanctasque Romanse
Ecclesiae, et Domino nostro, Domino N.
Papa? N. suisque successoribus canonice
intrantibus. Non ero in consilio, aut
consensu, vel facto, ut vitam perdant,
aut membrum ; sell capiantur mala cap-
tione ; aut in eos manics quomodolibet
itigerantur ; vel injuria aliqum inferantur,
quovis queesito colore. Consilium vero
quod mihicredituri sunt, per se, autNun~
cins suos, seu literas, ad eorura dam
num, me scieute, iiemini pandam. Pa-
patum Romanura et Regalia Sancti
Petri adjutor eis ero ad defendendum et
retinendum, salvo meo ordine, contra
omnem hominem. Legatum Apostolicae
Sedis in eundo et redeundo honoiifice
tractabo, et in suis necessitatibus adju-
vabo. Jura, honores, privilrgia, et auc-
toritatem Sanctm Romanm Ecclesice, Do
mini ?wstri Papce et Successorum prcedic-
forum, conservare, defendere, augere, pro-
movere curabo. Neque ero in consilio, vel
facto, seu tractatu in quibus contra ipsum
Dominum nostrum, vel eandem Romanam
JEcclesiam aliqua sinistra vel prejudicialia
personar urn, juris, honoris, status, et poles-
tatis eorum machinentur. Et si talia a
quibuscunque tractari vel procurari novero,
impediam hoc pro posse, et quanto cit'ius
potero s'tgnijicabo eidem Domino nostro,
vel alteri per quern possil ad ipsius noti-
tiam pcrvenire. Regvlas Sanctorum Pa-
trum, decreta* ordinationes, seu disposi-
twnes% reservationes, provisioncs et mandata
Apostolica totis viribus observabo, etfacium
ab alite observari. Hcereticos, schismaticos,
ct rebelles eidem Domino nostro vel succes
soribus prcedictis pro posse persequar et D

iwpugnabo. Vocatus ad Synod um ve-
niam, nisi prsepeditus fuero canonica
praepeditione. Apostolorum limina sin
gulis trienniis personaliter per me ipsum
visitabo, et Dcmino nostro ac suecessnribus
prcefatis rationem reddam de toto meo pas-
torali officio ac de rebus omnibus ad mecc
Ecclesice statum, ad cleri, et populi disci-
plinam., animarum deniqve quce mem fidei
traditce sunt, salutem qnovismodo pcrtinen-
tibus, et vicissim mandata Apostolica liu-
militer recipiam et quam diligentissime
exequar. Qudd si legitimo vmped'tmento
detentus fuero prmfata omnia adimplebo
per certum Kuntium ad /toe specialo
mandatum habtntem de gremio mei Qapi-
tuli, aut alium in dignitate Eeelesiasticd
constitutum, seu alias personatum haben-
tem ; ant, his mild deficient/ bus, per diat-
ctsanum Sacerdotem : et e'ero deficiente
omnino per aliquem alium Preibyterum
secularem vel regularem spectatce probilati&
et religionis de supradictis omnibus plene
instruetum. De hujusmodi autem impedi
menta docebo per legitimas probationes ad
SanctcB Romans Ecclesice Cardinalem pro-
ponentem in congregatione Saeri Concilii
per supradictum Nuntium transmttte?idas,
Possessiones vera ad mensam meant perti-
nentes non vendam, nee donabo neque im-
pignorabo, nee de novo infeudabo vel aliquo
modo alienabo, etiam cum consensu Capi-
tuli Ecclesice mam, inconsulto Romano
Ponfijice. Et si ad aliquam alienationem
devenero, pcenas in quddam super hoc edita.
constitutione contentas eo ipso incurrere
volo. Sic me Deus adjuvet et hasc Sancta
Dei Evangelia.
b Gregor. Decret. lib, ii. tit. 24.
cap. 4.

38 OF THE POPE'S SUPREMACY. [BARROW.
doth more and more enlarge his power, and straiten the
bands of subjection to him. And it is very remarkable that
the new oath hath changed those words Regulas Sanctorum
Patrum into Regalia Sancti Petri, i. e. The Rules of the
Holy Fathers into The Royalties of St. Peter.
Sect. 15. I know there are within the Roman communion
great store of Divines, who do contract the Papal sovereignty
within a much narrower compass, refusing to him many of
those prerogatives, yea scarce allowing to him any of them.
There are those who affirm the Pope, in doctrine and dis
cipline, subject to the Church, or to a General Synod repre
senting it. Which opinion thwarteth a proposition, in Bellar-
mine's opinion, " even almost an article of faith : " but to
be even with him, they do hold his proposition to be quite
heretical : w The Pope is simply and absolutely above the
Universal Church — this proposition is almost an article of
faith," a saith Bellarmine : the Cardinal of Lorrain on the
contrary, " But I," saith he, " cannot deuy but that I am a
Frenchman, and bred up in the Church of Paris, which
teaches that the Roman Pontiff is subject to a Council, and
they who teach the contrary are there branded as heretics." b
There are those who affirm the Pope, if he undertake
points of faith without assistance of a General Synod, may
teach heresy (which opinion, as Bellarmine thought, doth
" closely border on heresy ; " c and those who conceive that
Popes may be, and have been heretics ; whence Christians
sometimes are not obliged to admit their doctrine, or observe
their pleasure.
There are those who maintain the Pope, no less than other
Bishops, subject to the Canons, or bound to observe the Con
stitutions of the Church ; that he may not infringe them,
or overrule against them, or dispense with them ; and that
to him attempting to do so obedience is not due.
There are those who maintain, that the Pope cannot sub
vert or violate the rights and liberties of particular Churches,
» Summus Ponlifex simpliciter et ab- mis, in qua Rom. Pontificem subesse
solute est supra Ecclesiam Universam ; concilio tenetur, et qui docent ibi con-
— ha?c propositio est fere de fide.— Bell, trarium, ii tanquam ha;retici notantur —
de Cone. 2. 17. Card. Loth, apud Laun. Ep 1 1
Ego vcro negate non possum quin « Qufe sententia videtur omnino erro-
Oallus sim, et Fansicnsis Ecclesia; alum- nca et ha;resi proiima  Bell. 4 2

BARROW.] OF THE POPE'S SUPREMACY. 39
settled in them agreeably to the ancient Canons of the Church
Universal. There are those who assert to General Councils a power of
reforming the Church, without or against the Pope's con
sent. There are those who, as Bellarmine telleth us % do
allow the Pope to be no more in the Ecclesiastical republic,
than as the Duke of Venice in his senate, or as the general
of an order in his congregation ; and that he therefore hath
but a very limited and subordinate power.
There are consequently those who conceive the Pope
notoriously erring, or misdemeaning himself to the prejudice
of the Christian state, may be called to an account, may be
judged, may be corrected, may be discarded by a General
Synod. Such notions have manifestly prevailed in a good part of
the Roman Communion, and are maintained by most Divines
in the French Church ; and they may be supposed every
where common, where there is any liberty of judgment, or
where the inquisition doth not reign.
There have been seasons wherein they have so prevailed,
as to have been defined for Catholic truths in great Synods,
and by them to have been applied to practice. For,
In the first great Synod of Pisa it was declared that Coun
cils may " reform the Church sufficiently both in head and
members : " b and accordingly that Synod did assume to judge
two Popes (Gregory XII. and Benedict XIII.) contending
for the Papacy (whereof one was the true Pope) ; and de
posing them both, did substitute Alexander V., who (as
Antoninus reporteth) " according to the common opinion did
hold the seat of Peter." c
The Synod of Constance declared that " the Synod law
fully assembled in the Holy Ghost, making a General Council
representing the Catholic Church militant, hath immediately
power from Christ ; to which every one, of whatever state
or dignity he be, although it be Papal, is bound to obey in
those things which belong to faith, and the extirpation of
a Bell, de Cone. 2. 14. secundum communem opinionem. —
b a. o. 1409. Cone. Pis. sess. 16, 17. Anton, de Concil. Pis. cap. 5. § 3.
? Qui anno uno sedem Petri tenuit, B 4

40 OF THE POPE'S SUPREMACY. [BARROW;
(the said) schism, and the general reformation of the Church
of God in head and members."3 _ _
The which doctrine they notably put in practice, exercising
jurisdiction over Popes, and for errors, misdemeanors, or
contumacies, discarding three (of whom it is hard if one were
not true Pope), and choosing auother, who thereafter did
pass for a right Pope, and himself did confirm the Acts of
that Council. (So that this semi-heresy hath at least the
authority of one Pope to countenance it.) " Our most holy
Lord the Pope said in answer thereunto, that he would main
tain and inviolably observe all and every of those things
that were conciliarly determined, concluded, and decreed, by
the present Council, in matters of faith." b
The Synod of Basil declared the same point, " that Councils
are superior to Popes, to be a truth of Catholic faith, which
whoever doth stiffly oppose is to be accounted a heretic : c
nor," say they, "did any skilful man ever doubt the Pope to
be subject to the judgment of General Synods in things con
cerning faith.d In virtue of which doctrine, and by its
irresistible authority,"6 the Synod did sentence and reject
Pope Eugeuius as criminal, heretical, and contumacious.
These Synods, although reprobated by Popes' in Counter-
Synods, are yet by many Roman Catholic divines retained
in great veneration ; and their doctrine is so current in the
famous Sorbonne that (if we may believe the great Cardinal
of Lorrain) the contrary is there reputed heretical.6
Sect. 16. Yet, notwithstanding these oppositions, the
former opinion, averring the Pope's absolute sovereignty,
doth seem to be the genuine doctrine of the Roman Church,
if it have any.
For those divines by the Pope and his intimate confidents
are looked upon as a mongrel brood, or mutinous faction ;
a Primo declarat quod ipsa Synodus, . . . cui pertinaciter repugnansest censen-
&c. — Ses*. 4, 5. dus bfereticus  Cone. Bus. sess. 33. p. 95.
b Sanctiss. Dominus nostet Papa dixit, d Nee unquam aliquis peritorum du-
rcspondendo ad prasdicta, quod omnia et bitavit, summum Pontificem in his qua?
singula determinata, conclusa et decreta fidemconcernunt judicio eorundem gene-
in materiis fidei per prsesens concilium ralium Synodorum esse subjectum. —
eonciliariter, tencre et inviolabiliter ob- Cone. Has. sess. 45. p. 117.
servare volebat. — Cone. Const, sess. 45. e Vigore cujus, ac inelFabili et inex-
P. 1119- pugnabili authoritate  Sess. 38. p. 101.
c Veritas de potestate concilii supra f Concil. Later , &c.
Papam ... est Veritas fidei Catholica: s Ego veto negate non possum, &c:

BARROW.] OF THE POPE'S SUPREMACY. 41
which he by politic connivance doth only tolerate a, because
he is not well able to correct or suppress them. He is
afraid to be violent in reclaiming them to his sense, lest he
spend his artillery in vain, and lose all his power and interest
with them.
Nor, indeed, do those men seem to adhere to the Roman
party out of entire judgment or cordial affection ; but in
compliance with their Princes, or upon account of their in
terest ; or, at best, with regard to peace and quiet. They
cannot conveniently break with the Pope, because his in
terest is twisted with their own, so as not easily to be
disentangled. For how can they heartily stick to the Pope, when, as
their opinion doth plainly imply him to be an usurper and
a tyrant (claiming to himself and exercising authority over
the Church, which doth not rightly belong to him); to be a
rebel and traitor against the Church (invading and possessing
the sovereignty due to it ; for such, questionless, the Duke
of Venice would be should he challenge and assume to him
self such a power over his commonwealth as the Pope hath
over Christendom) ; to be an impostor and seducer, pre
tending to infallible conduct, which he hath not ?
How can they honestly condemn those who (upon such
grounds) do shake off such yokes, refusing to comply with
the Pope till he correct his errors, till he desist from those
usurpations and impostures, till he restore to the Church its
rights and liberties ?
How are the doctrines of those men consistent or con
gruous to their practice ? For they call the Pope Monarch
of the Church and Universal Pastor of Christians by God's
appointment indefectibly ; yet will they not admit all his
laws, and reject doctrines which he teacheth, particularly
those which most nearly touch him concerning his own office
and authority. They profess themselves his loyal subjects,
yet pretend liberties which they will maintain against him.
They hold that all are bound to entertain communion with
him, yet confess that he may be heretical, and seduce into
error. They give him the name and shadow of a supre-
' Nam adhuc videmus ab Ecclesia tolerari, qui earn senlenliam sequuntur
_ Bell. 4. 2.

42 OF the pope's SUPREMACY, [barrow.
macy, but so that they can void the substance and reality
thereof.3 In fine, where should we seek for the doctrine of the
Roman Church but at Rome, or from Rome itself, where
these doctrines are heterodoxies ?
Sect. 17. We shall not therefore have a distinct regard
to the opinion of these semi- Romanists ; nor consider them
otherwise than to confirm that part of truth which they hold,
and to confute that part of error which they embrace;
allowing, at least in word and semblance, more power to the
Pope than we can admit as due to him. Our discourse
shall be levelled at him as such as he pretendeth himself to
be, or as assuming to himself the forementioned powers and
prerogatives. Sect. 18. Of such vast pretences we have reason to re
quire sufficient grounds. He that demandeth assent to such
important assertions ought to produce clear proofs of them:
he that claimeth so mighty power, should be able to make
out a good title to it ; for " no man may take this (more
than Pontifical) honour to himself but he that is called by
God, as was Aaron. b They are worthily to be blamed, who
tumultuously and disorderly fall upon curbing or restraining
those who by no law are subject to them."0
We cannot well be justified from a stupid easiness in ad
mitting such a lieutenancy to our Lord, if we do not see
exhibited to us manifest and certain patents assuring its
commission to us. We should love the Church better than
to yield up its liberty to the will of a pretender, upon slight
or no ground. Their boldly claiming such a power, their
having some time usurped such a power, will not excuse
them or us. Nor will precarious assumptions, or subtle
distinctions, or blind traditions, or loose conjectures serve for
probations in such a case.d
Sect. 19. Such demands they cannot wholly balk : where
fore for satisfaction to them, not finding any better plea, they
0 Manifestum autem schismatis argu- <= Jure culpandi sunt, qui turbide
mentum est, cum quis se communioni atque inordinate in eos coercendos insi-
subtrahit.Apostolira sedis.— Balus. Not. Hunt, qui nulla sibi lege subjecti sunt.—
ad Agobard. " It is a manifest argument Aug. de Unit. Eccl. cap. 17.
of schism when any man withdraws him- •' Nemo sibi et professor et testis est.
selfjrom communion with the Apostolic Tekt. 5. 1. adv. Mare.—" None can be
S^'"Heb v 4 b°th S claimer and a "'itness for himself."

BARROW.] of the pope's supremacy. 43
hook in St. Peter ; affirming that on him by our Lord there
was instated a primacy over his brethren, all the apostles and
the disciples of our Lord, importing all the authority which
they claim ; and that from him this primacy was devolved
by succession to the Bishops of Rome, by right indefectible
for all future ages.
Which plea of theirs doth involve these main suppo
sitions : —
1. That St. Peter, by our Lord's donation or sanction,
had conferred on him a primacy among the Apostles.
2. That this primacy did include a supremacy of power
and dominion, or jurisdiction, over the Apostles.
3. That the rights and prerogatives of this supremacy
were not personal, but derivative to successors.
4>l That St. Peter was Bishop of Rome properly.
5. That he continued till his death in possession of that
office. 6. That hence to the Bishop of Rome, as to St. Peter's
successors, an universal jurisdiction over the Christian Church
of right doth appertain.
7- That such a right of the Roman Bishop is indefectible,
and by no means can fail.
8. That, in fact, upon these accounts, from St. Peter's
time in the Primitive Church, and continually downward
through all ages, the Roman Bishops have enjoyed and ex
ercised such a sovereign power.
The truth and certainty of these propositions we shall in
order discuss ; so that it may competently appear whether
those who disclaim these pretences are (as they are charged)
guilty of heresy and schism ; or they rather are liable to
the imputations of arrogancy and iniquity who do obtrude
and urge them.

44 OF the pope's [crakanthorpe.

II.
OF THE POPE'S TEMPORAL MONARCHY.
[dk. crakanthorpe.]

After Councils, Fathers, Bishops, and learned writers in
all ages of the Church, by which, as you have seen, the
Pope's Temporal Monarchy hath been condemned, there re
mains, in the last place, one consideration touching Kings
and Emperors, of whom they pretend % that they not only
have acknowledged this monarchical sovereignty, but, in
token thereof, have subjected themselves, and yielded up
their kingdoms to the Pope. How to this purpose Steuchus
and Gretzer have published many writings, grants, and
donations of several kings and kingdoms, 1 have before en
treated. To both these I must here adjoin a Vatican manu
script of one Nicholas Card, of Arragonia, from whom botli
Steuchus and Gretzer borrowed, and with much ease ex-
scribed those very gifts and grants which they so vindicate
to the world. This Nicholas, being as earnest for the Pope's
temporal monarchy as either Bozius or Scioppius, tells us,
that " Popes, as Christ's Vicars, having the fulness of
power, utrumque gladium possunt ad libitum exercere, 'may
at their pleasure exercise either sword,' excommunicate, and
depose Kings and Emperors ;"b and that both de jure and
de facto divers worthy Popes have exercised this power, he
shows, by a "whole catalogue of Emperors and Kings, no
fewer than twenty-eight deposed by them."c For the further
advancing of this Papal Temporal Monarchy, the same Ni
cholas hath, and that as he tells us, " with great labour and
industry compiled out of divers registries and chronicles,'"1
» Ut supra ostensum est. cap. 1. c n>id. p. 61 . et sen
» Nicliol. Card, de Art. MS. p. 61. " Ibid, in tit. lib.

CRAKANTHORPE.] TEMPORAL MONARCHY. 45
those same (and many other) writings and grants made to
the Popes, of Rome, Italy, Spain, France, England, Den
mark, Hungary, Russia, Croatia, Bohemia, aud divers others,
which for the most part in the books of Steuchus and
Gretzer are to be seen. Nor can either the name of Nicho
las, or the manuscript left by him, add credit or countenance
to those grants and writings. What worth and credit he
aud his records are of, it may be perceived by his commend
ing of the charter of Constantine's donation, and divers
such like a ; but I will only here mention two of his passages,
by which you may conjecture his verity in the rest. The
former is, " That when Constantine built the Church of
our Saviour in the Lateran" b (that was, as he elsewhere saith,
"The fourth day after he was baptized by Silvester,"0) "he
placed in that Church the ark of the Testament, which
Titus carried away from Jerusalem, the golden emerods,
the golden mise, the tables of the Testament, the rod of
Aaron, the golden pot with manna, the seamless coat of
Christ, the vestment of John Baptist, the shears wherewith
John the Evangelist was polled." Rare monuments, able
to cause long pilgrimages and devout adoration, if the Roman
Bishops have kept till these days those deposita. The other
is the prophecy of Romulus touching Christ. Nicholas, en
treating of the palaces in Rome (he reckons sixteen). " In
the palace of Romulus, who built Rome, Romulus," saith
he, " set up his own statue made of gold, saying, Non cadet
donee Virgo pariet, ' This my statue shall not fall till a
virgin bring forth a child.' And as soon as ever the Virgin
Mary had brought forth Christ, statua ilia corruit," saith
Nicholas, " 'that statue fell down to the ground.""1 Such
rare aud admirable records and monuments hath Nicholas
compiled, and out of him Steuchus and Gretzer published ;
which, though in themselves they might justly be condemned,
yet, becausethe Popes and their flatterers applaud and please
themselves with such toys and fancies, let us see how weak
they are to support that monarchical sovereignty, which they
build on such sandy foundations, and I nothing doubt to
make it evident, that by none of all their pretences, none of
* Nichol. Card, de Art. p. 46. et seq. c Ibid. p. 46.
» Idem. p. 88. d Ibid. p. 74.

46 OF the pope's [crakanthorpe.
those most renowned and glorious empires ever were, or ever
will be, brought under the yoke of subjection to the Pope's
Temporal Monarchy.
Here first in general for all kingdoms it may be rightly
said, that the admitting of this one universal temporal mo
narchy of the Pope, is the utter ruining, annulling, and
annihilating of all other kingdoms in the world. Scioppius
truly saith, " This one kingdom, tollit omnia alia reqna
mundi, ' doth abolish all other temporal kingdoms.' " a And to
the like purpose Amb. Catharinus, '' If the Pope be the tem
poral Monarch of the whole world, nulli ergo vere terrarum
Domini essent in temporalibus, sed solus Pontifex, ' then
should none else be truly Temporal Kings here upon earth,
but only the Pope.'"b For seeing sovereignty (which, as I
have formerly proved, is the very essence of regal authority)
should then be in the Pope alone, he alone and none else
should truly be King : all others should be but Viceroys,
Deputies, or Lieutenants under him, subject to him, as their
supreme Lord both for their persons and possessions. So
this very position of the Pope's universal temporal dominion
above all Kings, implies an evident and unavoidable contra
diction to itself. For if the Pope be such a monarch, there
can be no other Kings to acknowledge this Papal Monarchy.
And if there be any other Kings to acknowledge this, even
eo nomine, for that they are Kings, they do directly deny
and overthrow his Monarchical Sovereignty.
But if you please to descend to particulars, it will clearly
appear, that the acknowledgement of this Papal Monarchy is
neither so general nor so true as they pretend and boast.
Let us begin with the most Christian King and his kingdom
of France, for which there are so many evidences easy to be
produced, that by it alone the pretended Temporal Monarchy
of the Pope is undeniably refuted. Of it John Major saith,
" The Pope hath nullum titulum, ' no title at all,' in tempo
ral matters in the kingdom of France." c " The French King,"
saith John Igneus, " Non recognoscit superiorem in tempo
ralibus, * doth not acknowledge any to be his superior in
a Sciop. in suo Ecclesiast. cap. 46. c John Majot, in 4 sent. dist. 24. q. 3.
P- 151. concl. 3.
b Amb. Cathar. in cap. 13. ad Rom.
sect. Vetum.

CRAKANTHORPE.] TEMPORAL MONARCHY. 47
temporal matters.'"1 Guil. Benedictus, speaking of the
French State, saith, " If one do appeal, it must be to the
King, not to the Pope, for seeing he is an emperor in his
kingdom, and the empire is notorie quoad temporalia a
superioritate Papoe exemptum, ' notoriously known for
temporal matters to be exempted from the superiority of the
Pope,' there is no appeal from the King, seeing the king
dom of France is none of those which are held in fee from
the Pope." b iEgidius Romanus writes very fully to this
purpose, " the French King, a solo Deo immediate tenet et
possidet regnum saum, non ab homine quoquo, ' holds im
mediately his kingdom from God only, and not from any
man.'c He holds it not of the Pope, neither as he is a man,
neither as he is the Vicar of Christ. And if you reply, that
though he do not de facto acknowledge any superior, yet
de jure he ought so to do, respondemus quod non, ' we
answer (saith he) that de jure he ought not.' ' " The
French King is not subject to the Pope, nee ei tenetur
respondere, 'neither ought to answer him' for the fee of his
kingdom.'"1 " The French King," saith Cassaneus, " acknow-
ledgeth no superior6; he in his kingdom, like the Emperor,
solus in temporalibus prceesse debet, ' alone ought to be
supreme in temporal matters.'" f Again, " Although Boni
face VIII., by his constitution sent to Philip the Fair, de
clared the kingdom of France to be subject to the Pope in
temporal matters, yet Clement V., his successor, earn con-
stitutionem revocavit, ' revoked that constitution,' made by
Boniface, as it is evident in the Extrav. cap. Meruit." e I
omit many other like evident testimonies, the rather be
cause I have often before touched this point ; and that one
express confession, yea decree, of Pope Innocentius is so
clear, that there needeth no further proof in this matter.
"The French King," saith he, " superior em in temporalibus
minime recognoscit, - doth acknowledge none to be his su
perior in temporal affairs.'"11 Of which words Cassaneus
* John* Igneus, Repet. in le. Dona- ° Cassan. Catal. Glor. Mundi, part
tiones, num. 28. 5. cons. 24. num. 179.
. * Guil. Bened. in Repet. cap. Rainutii ' Idem, part 5. cons. 31. sect. 1.
Decis. 2. num. 27, 28. 6 Il>id. sect. ?.
<= jEgid. Rom. Qujest. de utraque h Cap. Per veneralnlem, extr Qui fal.
Potestat. art. 5. sint ]cg^
d Lib. eod. art. 4. i- .

48 of the pope's [crakanthorpe,-
thus writeth, " I find it determined by the Popes, that the
French King acknowledgeth none to be his superior in tem
poral matters (cap. Per venerabilem): which text loquitur de
jure, etnon de facto, ' speaks not of the fact, but of the right,'
because the Pope (in his Decrees) numquam loquitur in facto
sed in jure tantum, ' never declares what is done, but what
in right ought to be done.' "a And though it were easy by
very many examples of the dealings of the French Kings
with the Pope to confirm this truth, some of which I have
before expressed, yet I will mention at this time no more,
but that one of Philip the Fair. He to the letters of Boni
face VIII., signifying to him " that he was subject to the
Pope, both in temporal and spiritual matters," returned an
answer to Boniface in this manner : " Sciat tua maxime
4'atuitas, ' Let your great foolishness understand and know,'
that in temporal matters we are subject to none ; aud those
who think otherwise (one of the chief of which was the
Pope) dementes et fatuos reputamus, ' we account madmen
and fools.'" b
- For the Catholic King, and his kingdoms of Spain, how
directly repugnant to this Papal Monarchy are those clear
and evident testimonies of their best learned writers of that
nation. That of Cardinal Turrecremata, " The Pope by
reason of the Papacy hath no direct power in temporal
matters, extra principatum suwm ecclesiasticum, 'out of his
own ecclesiastical principality:'"0 no part of which is the
kingdom of Spain. That of Franc, a Victoria, " There is
no direct temporal power at all in the Pope : "d then certainly
no monarchical sovereignty in Spain. Whereof he gives a
true reason, "because there is no power in the Pope which is
directed to a temporal end : and such is that power which
is merely temporal." That of Dom. Soto, " Every King
(then doubtless the King of Spain) is in his own king
dom the supreme Judge for temporal matters."6 That
of Did. Covarruvias, a Lawyer and Bishop also, " Semper
' Cassan. lib. cit. cons. 28. sect. Ex a Fr. a Vict. Relect. 1. de Potest. Ec-
quo etiam. c]es. sect, g num- 8_
b Littera? Philippi apud Nichol. Gil- e Dom. Soto, in 4 sent dist 25 q 2.
Hum in Phil, pulch. art. 1. concl. 5.
. c Turrecrem. in Sund. de Eccles.
lib. ii. cap. 113.

CRAKANTHORPE.] TEMPORAL MONARCHY. 49
mansit apud Regem ipsum supremo, jurisdiction ' Supreme
jurisdiction remained ever in the King of Spain himself.' "a
And this he proves, besides other reasons, by a pragmatical
sanction of Ferdinand and Elizabeth, a.d. 1502. That of
John de la Puente, their late and famous chronicler, whose
scope is to show the convenience of a double Catholic Mon
archy. b The one of which only (to wit, the Spiritual) to belong-
to the Pope, whom he compares to the greater light, ut
prcesit urbi et orbi : the other (to wit, the Temporal) to
belong to him, whom he compares to the lesser light, tit snb-
datur urbi et dominetur orbi, the very frontispiece of his
book doth make most evident. To these Spanish writers of
best note, may be added that of John Major, " The Pope
nullum habet titulam super Regem Hispaniarum in tempo
ralibus, ' hath no title or authority over the King of Spain in
temporal matters.'"0 And that of Cassaneus, " Those Princes
which do acknowledge any superior unto them, are called
Superillustres."6- Among which he expressly reckons the
King of Spain.
How distasteful was this Papal Monarchy to that kingdom,
when, not many years since, the " whole eleventh tome of
Cardinal Baronius's Ecclesiastical Annals was by the King's
edict prohibited, and that under the pain of high treason,
either to be printed or sold in Spain,"6 because there was
inserted into that tome the book of Baronius touching the
Monarchy of Sicily, wherein he labours to prove, not the
King of Spain, but the Pope to be the Monarch thereof.
When Cardinal Col umna further wrote a very sharp censure f,
both of Baronius himself and of his book, taking it in-
dignly (as justly he might) that the King of Spain "qui ea
monorchia potiiur et fruitier, ' who doth now (saith he)
possess and enjoy,'8 and that also, hcereditario jure, 'by a
rightful inheritance,"1 that monarchy, should be called by
Cardinal Baronius a monster1, a tyrantk, one worse than the
a Did. Covar. Pract. Q.ua;st. cap. 4. ° Gold, in sua Repl. cap. 9. p. 83.
num. 2. f. Censura Tract. Baronii de Monar.
b Juan de la Puent. de la Conveni- Sicil. per Card. Colum.
encia de las dos Monatquas Catholicas. 6 Lib, cit. p. 159.
Cit. libri. h Ibid. p. 161.
c John Major, in dist. 24. q. 3. sect. ' Durum nimis ut is Ecclesia; mon-
Tertia conclusio. strum dicatur etostentum. — Ibid. p. 1.58.
a Cassan. in Catal. Glor. Mundi, part k Tyrannus et Eccles'ue hostibus dc-
5. consid. 28. sect. Imo etiam. tenor. — Ibid.
VOL. III. E

50 OF THE POPE'S [CRAKANTHORPE.
enemies of the Church,'" will they patiently endure the
Pope to be called the Supreme Direct Monarch and Tem
poral Lord of all Spain, yea of all the world, who so hardly
can digest his Temporal Monarchy in that one little island ?
Have they not also given divers eminent and evident
tokens of their dislike to that monarchy? When Clement
VII., fearing the greatness of Charles V., then King of
Spain, sought by cunning dealing to deprive him of
Milan, and for that purpose made a holy league, as they
called it ", Charles being for this and some other like causes
incensed, sent an army into Italy under the leading of Carolus
Burbonius.b When the Csesarean army approached to Rome,
the Roman Jupiter thunders out his excommunications against
the Lutherans (so he called the French), and against the
Marranes6 (so in contumely he called the Spaniards) : did
either the Spanish or French fear or regard those censures ?
Nothing less. They " besieged Rome, took it, and made
such havoc therein, ut ab Hunnorum et Gothorum diebus,
' that the like miserable spoil had never been seen since the
days that the Goths and Vandals surprised Rome :'"d or,
as Onuphrius saith, "Never in the memory of man, majori
truculentia scevitum, ' was there greater cruelty used, either
against Turks or most deadly enemies."6 The Pope and
thirteen Cardinals, who, being taken prisoners and kept in
the castle of St. Angelo, were glad to make covenants upon
very hard conditions/ First, that the Pope " cuncta qua
Ccesar imperasset se facturum polliceretur, ' should pro
mise to do whatsoever Charles V. should command.'"
Next, that himself with his thirteen Cardinals should stay in
prison till their ransoms (which surmounted many hundred
thousand pounds) were paid : then to be kept at Naples or
Gaeta, and there expect what Charles the Emperor would
decree of them.
It is a wonder to see how shameless Surius, Cardinal
Alane, and others are, in striving to excuse Charles V. in
" Occulta cum Venetis eonsilia iniit ut c Ibid.
Ca;sarem Mediolano exuetet. — Onuph. d Append, ad Chron. Naucl. ami.
in Vit. Clem. VII. p. 400. 1527, and Guiccard. hist. lib. xviii. p. 774.
b Impetator nihil prius habuit quam = Onuph. loc. cit. p. 402.
exercitum in Italiam miltere. — Paralip. f Onuph. loc. cit, and Guiccatd, lib.
Abb. Vrsperg. ann. 1527. xviii. p. 782.

CRAKANTHORPE.] TEMPORAL MONARCHY. 51
this action. " All this was done," say they, " insciente et
invito Ctxsare, ' Charles neither knowing nor approving
thereof:' and in token of his dislike hereof, as soon as the
report came into Spain, presently the King commanded
those sports and joyful celebrities (which then were used for
joy of his son Philip's birth) to be left off; yea, he diligently
excused himself both to the Pope and other Princes."3 Thus
they ; whose whole narrations are quite contrary to the truth.
For first, Charles "purposely sent his army into Italy, qui
cunctis minaretur , ' threatening revenge to all who were con
federates in that holy league : '" and " the Pope was author
conspirationis, * the very author and ringleader of that
conspiracy.""3 Then, Guiccardinus (who is of all the most
faithful relator of these matters, happening in his own time)
expressly notes, that Charles "though in words he said he
was sorry for the Pope's being taken, tamen ei gratissimam
fuisse aniniadvertebatur, ' yet it was observed to have been
gladsome news unto him.' Neither did he," saith Guiccar
dinus, " conceal this, seeing inceptos ob filii natalem ludos,
non intermisit, ' he did not so much as break off or interrupt
those plays, sports, and celebrities which were then begun for
joy of his son's birth ; ' " yea, he was so far also from excusing
this fact, either to the Pope or other Princes, that " he pur
posed to have brought the Pope prisoner into Spain : but
partly the infamy of doing so with the Vicar of Christ
restrained him ; and partly the earnest solicitation of Henry
VIII., King of England, of Francis the French King, and
others, moved him to send to Lanoy, the general of his army,
to set the Pope at liberty." c
The same Charles, upon another displeasure against the
Pope, set forth an edict in Spain, whereby he prohibited
his subjects to have their causes debated in the Roman
Court. Whence upon a solemn day of pleading, a Spaniard,
in the King's name, openly in the Roman Court, commanded
clivers, "ut a litibus in eoforo prosequendis desisterent, 'that
they should desist from prosecuting their causes in the
Pope's Court.""1
a Surius, Com. Ret. in Otbe ges- b Patalip. ad Abb. Ursper. ann. cit.
tarum ann. 1527. Card. Alan, in ib. ad p. 472.
Persequutores Anglos contra Justic. ° Guic. lib. xviii. p. 790.
Britan. d Ibid, lib. xvii. p. 6. 8.
B 2

5'2 OF THE POPE'S [CRAKANTHORPE.
The like may be seen in Philip II. son of this Charles.
He, to revenge the manifold injuries offered unto him
by Paul IV.H, sent Duke d'Alva with a mighty army
into Italy against the Pope ; " Qui Pontificice ditionis fines
perpopulatus, ' who having exceedingly wasted the Pope's
territories,' besieged the city, spoiled the citizens, burnt
many fair houses, slew many of the people, Pontificem
sacra ditione exturbaturus, 'and would have thrust the
Pope from his patrimony and his holy seat,""5 if the French
King, aiding the Pope, had not removed the clanger at that
time. Do these seem, either in Charles, or Philip, or others
acknowledgments of the Pope's supreme and universal Tem
poral Monarchy ?
Now whereas Carerius and Thomas Bozius boast, that
the Pope gave the Indies unto the King of Spain, by virtue
of which donation he still holds them6 ; they are many ways,
and childishly mistaken in this matter. The Kings of Spain
have to those parts of the Indies which they justly possess,
a far stronger title than any charter from Pope Alexander,
as Francis a Victoria at large declares.* Nay, that charter
of Alexander to give them no title at all thereunto, Cardinal
Bellarmine doth witness, who thus writeth : " The Pope
divided the Indies betwixt the Kings of Spain and Portugal,
not to this end, that they should subdue those infidels, et
eorum reqna occupare, ' and take their kingdoms unto
themselves,' sed solum ut eo adducerent prcedicatores, ' but
only that they should bring thither preachers of the Christian
faith,' and defend them and such Christians as they con
verted."6 There may also another answer be given to
Carerius touching that Papal donation ; even the same which
Attabaliba, an Indian King of the province of Peruana, gave
in this very matter : but the answer is such as argues more
acuteness, magnanimity, and wisdom, than one would easily
expect of a barbarous Indian. Vincentius the Dominican
made a pithy oration to persuade him to the Christian faith/
' Quaj contra regem svium a Pontifi- a Franc, a Vict. Relect. de Indis.
catus initio molitus fuerat sigillatim ape- ' Bell. lib. v. de Roin. Pontif. cap. 2.
riens — Onuth. in Vit. Paul. IV. p. 451. sect. At Alexander.
" Guil. Faradon. lib. de Motibus Gal- ' Benzo. Histor. Novi Orbis, lib. iii,
lia?, apud Scard. torn. iv. cap. 3.
c Carer, and Thos. I?oz. cit. eap.l. p. 22.

CRAKANTHORPE.] TEMPORAL MONARCHY. 53
He declared unto him both the Pope's power, who had given
those unknown countries to the King of Spain, and the"
puissance of the King of Spain, totius orbis monarches,
as he there calls him : advising Attabaliba " to embrace his
friendship, and become tributary unto him ; which if he
would not willingly do, he should vi et armis be enforced
thereunto." To this Attabaliba answered, " That he did
willingly accept the friendship of the highest Monarch of
the world, but it was not equal that a free King should
become tributary to him whom he never saw." And
for the Pope he added, " Pontificem insigniter fatuum et
impudentem esse, eo facile prodi, quod aliena tarn liber aliter
largiatur, ' the Pope to be exceedingly foolish and shameless
is hereby evident, in that he is so liberal in giving that which
is none of his own, but belongs to others.'"
For the other example, of .the kingdom of Navarre, of
which Scioppius saith, " that it is held nullo alio titulo, but
by the Pope's donation : " were it free to discourse of such
points, it were easy to show how their own Genebrarda sets
down another and far stronger title to that kingdom; yea,
such also as wholly excludes the Pope's donation : easy again
to show how by that, which some other b of their own Ca
tholics relate touching that very kingdom of Navarre, that
there is no comfort for any Prince to hold any kingdom by
that title. But as it was unfit for Scioppius to be so pe
remptory, so neither is it fit for me ; nor will I presume to.
enter into the discussion of such arguments. This which I
have already said being sufficient to be spoken of the kingdom
of Spain.
For the kingdom of England, their insolency in pre
tending the Pope's Temporal Sovereignty over it enforceth
me more at large to manifest the vanity of such their boasting.
And I nothing doubt but to make clear unto them that which
Bracton saith, and that most truly, " Every subject is under
the King, ipse sub nullo, nisi tantum sub Deo, ' but the
King himself is subject to none, but only to God.' "c Let us
begin at the Conquest, which fell out in that very age wherein
both the mists of superstition had much darkened the faith,
a Gil. Geneb. in su& Chron. ° Bract, de Legib. et Consuet. Anglo.
b Frank, Discourse. lib. i. cap. 8. num. 2. 5.
E 3

54 OF THE POPE'S [CRAKANTHORPE.
and the pride of the Roman See, by the means of Hilde
brand, was now advanced to the zenith of their highest
exaltation. How far that renowned Conqueror was from acknow
ledging their Papal Monarchy or superiority in this kingdom,
his own epistle, written to Pope Hildebrand, recorded in an
ancient manuscript among the Epistles of Lanfranc, doth
demonstrate. " Hubert your legate came unto me, warning
me, from your Holiness, that I should do fealty unto you and
to your successors, and warning me also to consider better
of that money which my ancestors used to send to the Roman
Church. I have yielded to the one ; I have not yielded to
the other. Fidelitatem facere volui, nee volo, ' I neither
would do fealty to you, neither will I;' because I neither
promised it myself, nor do I find that my predecessors have.
done that to your predecessors."" Could he more fully or
expressly deny that Papal Sovereignty, and testify his an
cestors, the Kings of England, never to have acknowledged
the same ?
In the next King's days there fell out great contention
betwixt William Rufus, the son of the Conqueror, and An-
selm, Archbishop of Canterbury. When " Anselm showed
his purpose to go to Rome to Pope Urban, the King waxed
exceeding angry thereat, and told him, quod nullus Archie-
piscopus vel Episcopus Regni sui, curiae Romance velPapce
subesset, ' that no Archbishop or Bishop of this kingdom was
subject to the Roman Court or to the Pope.' " b Specially,
"seeing the King of England, eandem potestatem haberet,
'had the same power in his kingdom' (and that even from
the conversion of this realm unto the Christian faith6) which
the Emperor challenged in the empire, and what," said he,
"hath the Pope to do in the empire or in my kingdom
touching temporal liberties ? It is his duty to be careful for
the soul of man, and to see that heresies do not spring up."d
Yea, Anselm, " ob hanc rem ut Icesce majestatis reus postu-
_ a Cod. ille MS. extat in nobili Bib- b Math. Paris, in Guil. II. ann. 1094,
lioth. Dora. Rob. Cottoni. et citat. a sect. Hoc.
Job. Pichardo ad Epist. 83. lib. iii. c Ex Eadmero citant tum Hollinsh.
Epist. Anselmi et a Job. Speed, in Chro. in Wil. Ruf. ann. 1099, p. 24.
Chron. in Vit. Guil. Rufi. turn Speed, Chton. in Wil. Ruf.
d Hollinsh. loc. cit.

CRAKANTHORPE.] TEMPORAL MONARCHY. 55
latur, 'was accused as guilty of high treason for this very
cause,' " of seeking to appeal to the Pope : and to this accu
sation, "plurimi Episcopi suum calculum adjiciebant, ' most
of the Bishops consented that it was just and right.' "a
" Neither would the King make any agreement with An
selm, nisi protestaretur cum juramento, ' unless he made
protestation, and that with an oath,' that he would not
obey the command of Pope Urban ; but if he would swear
not to go to the Pope, nee pro quovis negotio Romance sedis
audientiam appellaturum, ' neither to appeal to the Roman
See for any business whatsoever,' b then he should enjoy all
favour and tranquillity. If otherwise, he would adventure to
pass over sea (that is to say, to go to the Pope), nullam
revertendi spent in posterum ei futuram, he told him : he
should never return into his realm again.' "
In the time of Henry I., when Anselm was recalled to
his See, the contention about investitures, which was begun
with William Rufus, continuing, Anselm wrote thus to Pope
Pascalis : " I showed them the Apostolic Decree, that none
should take investiture of laymen, or become the King's man
for it ; and that no man should presume to consecrate him
that did offend herein.6 When the King, his Nobles, and the
Bishops themselves, and others of lower degree, heard these
things, they took them so grievously, that they said they
would in no case agree to this thing (tarn iniquo Papce de-
creto, as others4 say) ; and that they would rather drive me
out of the kingdom, and forsake the Romish Church, than
keep those things ; " or, as others set it down, " rather than
approve this decree or sentence of the Pope, a jure Regis
Regnique consuetudine prorsus alienam, ' being utterly re
pugnant to the right of the King and custom of the king
dom.' "e Thurstane being elected Archbishop of York, " ob
tained leave of the said King Henry I. to go to the Council
at Rheims, but with condition that he should not receive
consecration from the Pope. When, contrary to his pro
mise, he received the Papal consecration, the King, under-
" Mat. Paris, loc. cit. recitatuf in Act. et Monument in
b Ptoposuit milii Rex ne aliquando Hen. I., p. 178.
Apostolicum appellatem  Amsel. Epi<t. d Ut ex Jornal. Hist, et Walt. Covent.
40. lib. iii. dicitur in Antiq. Brit, in Anselm,
c Epist. Anselmi ad Pascalem. Qua; o Ibid.
1! 4

56 OF THE POPE'S [CRAKANTHORPE.
standing thereof, omnemdominationis suae locum ei interdixit,
' he forbade him to come within his kingdom or dominions.'"
Evident tokens that the King and State of England held not
the Pope for their Temporal Lord, seeing even in spiritual
causes they yielded so slender subjection, that they were
ready to renounce and forsake the Roman Church rather
than consent to the Pope in those things.
In the reign of Henry II. " the King called a very great
assembly to Clarendon, at which were present the Arch
bishops, Bishops, Abbots, Priors, Earls, Barons, and Nobles of
the kingdom. In it was made a recognition and confirma
tion of the customs and liberties of the kingdom anciently
used in the times of former Kings, and which debebant in
regno, et ab omnibus teneri, ' ought to be observed in this
kingdom, and maintained by all.' " b One of those ancient
customs was this, " that no Archbishop, Bishop, or other per
son of this kingdom, might go out of the realm (to wit, to
the Pope) absque licentia Domini Regis, 'without the King's
leave ; ' and if the King granted them leave, yet they should
put in security that neither in going, returning, nor staying
they should do aught to the hurt or damage of the King or
kingdom." Another custom was, " that if any appealed it
should be from the Archdeacon to the Bishop, from him to
the Archbishop, and from him to the King, ita quod non
debeat ultra procedi absque assensa Domini Regis, ' from
the King they might appeal to none, nor proceed further in
the cause without the King's licence.' " When the King
and whole state confirmed these decrees, they did even de
monstrate that they held not the Pope to be a superior lord
or higher judge than the King, no, not in ecclesiastical, much
less in civil causes. To "these Decrees at Clarendon, Thomas
a Becket6 (whom they call a martyr, but who was, in truth,
one of the most insolent and perjured traitors that ever Eng
land bare or bred) consented, and swore to observe the same,
and that bond fide et absque malo ingenio in perpetuum,
- faithfully and without fraud for ever ;' as did also the other
a Math. Paris, ann. 1119, in initio. et firmiter ptomiserunt obsetvandas, he.
b Math. Paris in Hen. II., ann. 1164, — Math. Paris, ibid. p. 135. Et Tho.
in initio. Cantuar. cum eas leges ohservare jura-
c Hanc recogoitionem Arc'hicpiscopi, mcnto fiimasset  Ibid. sect. His itaquet
&c, cum proceribus cunctis juravcruut,

CRAKANTHORPE.] TEMPORAL MONARCHY. 57
Bishops, Abbots, and Clergy, with "the Earls, Barons, and
all the Nobles." Becket not long after (such is the bona
fides of a true Romanist) " repented of this oath, procured
absolution from it at the hands of Alexander,'"1 the supposed
Pope ; (for, in truth, he was but an intruder and pseudo-
Pope, as by that which I have formerly said is evident ; b) and
" attempted to go to Rome without the King's leave,"6 but
was driven back by the wind : for which and other offeuces
he was " called, and came to another great assembly of the
state, both Bishops and Barons, held at Northampton.'"1
Where fearing what sentence would pass against him, he
(being again perjured) " appealed to the Pope. The judg
ment of the Barons was that he was worthy to be appre
hended and imprisoned ; but before he heard their judgment
he went away, omnibus clamantibus et dicentibus, Quo pro-.
grederis proditor, ' all crying after him, and calling him
traitor.' " e Did they account the Pope the supreme lord
or judge, when both by oath they bind all not to appeal unto
him, and judged the very appealing to him to be an act of
treason ?
If we look into the Acts of Parliament, wherein is ex
pressed the consenting voice and judgment of the whole
kingdom, it is easy to observe, and evident to be seen, that
in them the Kings of this realm are usually called the So
vereign Lords ; as in the statute of Merton, ann. 20 Hen. III.,
3 Ed. I., 1 Ed. II., aud, in like sort, in the reign of every
King following. Can there be a more clear and certain de
monstration that the Pope's sovereignty and monarchy was
not here admitted, when by the whole state the King is,
with one voice, proclaimed to be the Supreme Lord ? Or
can any be superior to him that is supreme ?
In the reign of Edward I., in the statute at Carlisle,
complaint being made, " that the Bishop of Rome usurping
the seignories in Ecclesiastical dignities and benefices, be
stowing and granting the same to aliens, aud to whom he
pleased, as if he were the patron of them,"f it was decreed
a Math. Paris, ibid, and sect. Alexan- ann. 1165. p. 283., and Paris, loc. cit.
det. p. 137.
b Sup. cap. 7. " Rog. Hoved. loc. cit.
c Math Patis. loc. cit. sect. Videns. . f Stat. ann. 25 Ed. I. quod, tepctitur
d De quo Rog. Hoved. part 2. post 25. Ed. III.

58 OF THE POPE'S [CRAKANTHORPE.
by the whole Parliament, " that such oppressions, grievances,
and damages should not be from thenceforth suffered ; " yea,
they plainly affirm, such usurpation (so they call it) of the
Pope, "to be the disinherison of the King, Earls, Barons,
and others, and to be the destruction of the laws of this
realm. In the same King's reign there arose a very great
contention about the dominion of Scotland, which King
Edward claimed to belong to the Kings of England, as the
direct and supreme Lords thereof.11 Boniface VIII. (who
challenged13 most earnestly the same kingdom to belong to
the Pope, saying, Nulli in dubium veniat, " that none
should so much as doubt thereof, ") wrote to the King, willing
him to6 send "his Procurators and Legates to Rome, with
a declaration of his title, that there he might receive judg
ment in that cause in the Roman Court."6 The King re
solutely and constantly refused either to write or send, in
forma judicii, as if he would receive any judgment of the
Pope therein. And, calling a very great assembly of his
Barons to Lincoln, they, with one consent, returned this
answer to the Pope, — That "the Kings of England, by
the pre-eminence of their royal dignity, and by the custom,
cunctis temporibus irrefragabiliter observatce, ' which had
been observed in all times without any contradiction,' neither
have answered, nor ought to answer for the right in that
kingdom, aut aliis suis temporalibus, ' or for any other of
their temporalities,' to any either ecclesiastical or secular
judge. And this is our unanimous consent, that our King,
for any of his temporalities, nullatenus respondeat judicialiter
coram vobis, nee judicium subeat quoquo modo, ' shall in no
sort answer judicially unto you, nor by any means undergo
any judgment;' neither send proctor or messenger about
such matters."4 And hereof they give this remarkable rea
son, because " the doing of it did manifestly tend to the dis
inherison of the state of the Kingdom, and to the prejudice
of those liberties, customs, and laws, to the observing and
defending of which they were bound by oath ; neither do
a Ut videre est, in Uteris Edw. I. ad c Volumus quod tuos procuratores et
Bonifac. VIII. apud Math. Westm., nuncios mittas, &c  Ibid.
ami. 1 101. a Tjiteroe Comitum et Baronum Anglitc,
*> Ut liquet ex literis Bonifacii VIII. Bonif. VIII. ibid, apud Math. Westm.
ad Ed. I. apud Westmo., anno eodem.

CRAKANTHORPE.] TEMPORAL MONARCHY. 59
we, nor will we in any sort permit, sicut nee possumus nee
debemus, ' as, indeed, we may not,' that our King shall do
so unaccustomed, undue, and prejudicial acts." Could they
more plainly or more constantly deny the Papal and aver the
Regal sovereignty in temporal matters ?
In the reign of Edward III., an express statute was made,
" That if any purchase or procure any provisions from Rome,
of any Abbeys or Priories, he and his executors shall be out
of the King's protection, and that any man may do with
them as with the enemies of the King ; and he that offendeth
against such provisors in body or in goods shall be excused
against all people, nor shall ever be impeached or grieved
for the same."3 In another statute, b made the same year,
both the statute of Edward I. against provisors was repeated
and ratified, and it was further ordained that the King and
other Lords should rightly present to benefices, notwith
standing the Pope's provisions. And, " in case the presentees
of the King, or other patrons be disturbed by such provisors,
so that either they may not have the possession of such
benefices, or, being in possession, be impeached by such
provisors, then the said provisors, their procurators, exe
cutors, and maintainers, to abide in prison till they have
made fine and ransom to the King at his will, and agreed
with the party that shall be grieved." And further, " that
they shall not be delivered out of prison till they make full
renunciation, and find sufficient surety not to attempt such
things in time to come, nor to sue process, either by them
selves or others, against any man in the Court of Rome."
It was, not long after, by another statute enacted, " That if
any of the King's people, of what condition soever they be,
do draw any out of the realm for any plea, the cognisance
whereof pertaineth to the King's Court, or which do sue in
another Court, to defeat or impeach the judgments given in
the King's Court, such should personally answer for such
their offence within two months; and, if they came not within
that time, they, their attornies, procurators, executors, and
maintainers, should be put out of the King's protection, and
their lands, goods, and chattels forfeit to the King."6 And
a Stat, of Purveyors, ann. 25 Edw. b Stat, of Provisors, ann. 25 Edw. 3.
3. cap. 22. ° Stat. ann. 27 Edw. 3 cap. 1.

60 OF THE POPE'S [CRAKANTHORPE.
of such offenders it is there expressly said that they did those
things " in prejudice and disinherison of the King and of his
Crown, and (which I do specially observe) to the destruction
of the Common Law of the said realm, at all times used."
So that never, from the first erection of the kingdom, was
the Pope's sovereignty acknowledged therein, but at all times
repugnant to the laws thereof, by the consenting voice, decree,
aud judgment of the whole State, the King, the Nobles, and
Commons. The very like was again enacted, in the same
King's reign, against such as " procured citations from Rome
upon causes whose cognisance and final discussion (observe
final) pertaineth to the King and his royal Court, or who
got impetrations and provisions of benefices or offices in
the Church, deaneries, archdeaconries, or the like, they all,
their maintainers, counsellors, and abettors, if they be con
victed of any of these things, shall have the punishment com
prised in the statute of 25 Ed. III. before mentioned."3
In the reign of Richard II. it was ordained, " That for
all archbishoprics, bishoprics, and other dignities and be
nefices elective, the statute made by Edward III. should
firmly hold. And, if any make acceptation of any benefice
contrary to this statute, and, if it be duly proved, if he be
beyond the sea, he shall abide in exile, and be banished for
ever, and his lands, goods, and tenements forfeit to the
King. If he be within the realm, he shall be exiled and
banished, and incur the same forfeiture."6 In the same
reign, complaint being made of divers processes, excom
munications, and translations made by the Pope to the pre
judice of the Crown, it was ordained, " That if any purchased
or pursued, or caused to purchase or pursue any such trans
lations, processes, excommunications, bulls, or instruments,
or if any receive them, or make notification of them, both
they, and their maintainers and abettors, should all be put
out of the King's protection, and their lands, goods, aud
chattels forfeit to the King."6 And if this be not sufficient,
these express words are set down in that statute, worthy
to be written in golden letters, "The Crown of England
hath been so free at all times (note all times) that it hath
a Stat. ann. 38 Edw. 3. cap. 1. c Stat. ann. 16 Ric. 2. cap. 4 & 5.
b Stat. ann. 13 Ric. 2. cap. 2.

.CRAKANTHORPE.] TEMPORAL MONARCHY. 61
been in no earthly subjection, but immediately subject to
God, and to none other."
In the reign of Henry IV. it was ordained, " That if any
provision be made by the Bishop of Rome, to any person of
religion, to be exempt of obedience regular, or of obedience
ordinary, or to have any office perpetual within houses of
religion, if such provisors do accept, or enjoy any such pro
vision, they shall incur the punishment comprised in the statute
of provisors, made anno 13 Richard II :"a and that was
perpetual banishment, and loss of all their lands and goods.
The like punishment was set down for those who procured
Bulls from Rome, to be quit or discharged to pay the dismes
of their lands. b
In the reign of Henry VI. "the Pope wrote letters in de
rogation of the King and his regality ; and whereas the
Churchmen durst not speak against it, Humphrey Duke
of Glocester cast them into the fire."c So little did that
noble and loyal heart esteem the Pope's authority, when it
was derogatory to the royal dignity. In his reign also,
when Richard Duke of York had overcome Henry, he
claimed the crown as in right belonging to himself, and
expressing the royal dignity thereof, said, " That he was
subject to no man, but only to God."d
In Edward IV.'s time, the Pope sent a Legate to Calais
to come into England, who sent to the King to have safe
coming ; the King by advice of his Council would not suffer
him to come within England, until he had taken an oath
that he should attempt nothing against the King and his
Crown, which oath the Legate took, and then came.6
That in the reign of Henry VIII., this Papal usurping of
jurisdiction was utterly extirpated, and the regal dignity or
sovereignty of the Crown declared, none is ignorant. The
whole State of the kingdom, both ecclesiastical and laical, even
then when for other matters (as the mass, adoration of images,
purgatory, and the like), they were as zealous for the Romish
doctrine as at any time before, with one voice declared :
" That this realm of England is an empire, as by ancient
' a Stat. ann. 2 Hen. 4. cap. 3. * Hollinsh. in Hen. 6. ann. 1460.
* I,bit!. cap. 4. . " 2 Hen. 7. cap. 10.
c 1 Hen. 7- cap. 10.

62 OF THE POPE'S [CRAKANTHORPE.
and authentic histories and chronicles is manifest : That this
empire is governed by one supreme head and King, having
the dignity and royal estate of the imperial Crown of this
realm : That this realm recogniseth no superior under God
but the King : That the whole body politic, both the spiritu
ality and temporality is bound, and ought to bear a natural
and humble obedience to the King thereof next unto God :
That the King hath plenary and entire power, authority,
prerogative, and jurisdiction, to render justice and final deter
mination to all his subjects, in all causes and contentions,
without either restraint from, or provocation to any foreign
Prince or potentate in the world : That the Pope by his
exactions, procurations, provisions, bulls, and appeals, hath
usurped therein, to the derogation of the imperial Crown,
and authority royal, contrary both to right and conscience."3
And that it might be known to all, that these statutes
whereby they abandon the Papal, and manifest the King's
royal sovereignty in all causes, as well ecclesiastical as tem
poral, that these, I say are no introductory statutes, such as
give a new, but only declaratory, such as explain the ancient
authority and rights of the King, they add, that in decreeing
these, "they did no other thing than" former Kings had done
for the conservation of the prerogatives, liberties, and pre
eminence of this imperial Crown, and by name, as Edward
I., Edward II., Richard II., and Henry IV. had done."
The same sovereignty was acknowledged to be in Queen
Mary, the whole state declaring " that all regal power,
dignity, authority, and jurisdiction did, and of right ought
to appertain unto her, in as full and ample manner, as it
did to any of her noble progenitors."6 By virtue of which
supreme power, when Pope Paul IV.6 being displeased with
Cardinal Pole, meant to take from him his legantine autho
rity, and give it to Friar Peto ; for which purpose the Pope
chose him Cardinal, and sent him the Cardinal's hat, and
other ensigns of his new authority, as far as Calais ; Queen
Mary (for all her devotion to the Roman faith) by the advice
of her nobles and judges, in favour of Cardinal Pole, sent
a Stat. 24 Hen. 8. cap. 12., and 25 c Just. Britan. p. 49. and Parsons'
Hen. S. cap. 21. answer to Sir Edw. Coke, cap. 14. sect.
" Stat. 1 Mar nart 2. can. 1. 15.

CRAKANTHORPE.] TEMPORAL MONARCHY. 63
to Calais, straightly forbidding the Pope's Nuncio so much as
to set foot within England, though he was sent thither by
the Roman monarch. And though the Pope threatened and
stormed thereat, yet Cardinal Pole quietly enjoyed his
dignity, but Friar Peto, the Pope's minion, was fain to go
up and down the streets of London like a begging Friar,
without his Cardinal's hat.
Thus from the conquest to the beginning of Queen Eliza
beth (since which time the clear light of the Gospel hath
most happily shone throughout this realm) the Pope's sove
reignty hath been ever rejected by this most renowned
kingdom. And that long before the Conquest the like was
done, yea, even since the very first planting of the Gospel in
this island, there are pregnant evidences. I do purposely
pass by that of St. Edward the Confessor, in whose laws
the King of England is called " the Vicar of the highest
King, to rule the Holy Church and defend the same."3 I
omit also that of King Edgar, who in a Council at Win
chester speaking of himself, saith, " Vicarius Christi elimi-
navi, ' I being the Vicar of Christ,' have cast out troops of
ungodly Friars, which were in the monasteries of my king
dom."" Who also used that memorable saying to his
Clergy, " Ego Constantini, vos Petri gladium habetis, ' I
have Constantine's, and you have St. Peter's sword : ' let
us join hands together, and swords together, to cast out
leprous persons out of the Temple." Nor will I insist on the
saying of Pope Eleutherius, who in his epistle to Lucius
King of Brittany, saith thus unto him : " That you may
reign with God, cujus vicarius estis in prcedicto regno,
' whose Vicar you are in your kingdom : ' " and again,
" Rex quia vicarius summi regis est, ' the King because he
is the Vicar of the highest King,' is appointed to this end,
that he should honour the Holy Church, and rule it." And
yet I could wish to stay here a little, to castigate the vanity,
and shameless dealing of Father Parsons, who to decline this
¦testimony, would gladly persuade you0, that this is but a
fained epistle, yea, even fained by Master Fox.d Whereas,
" Leg. Sancti Edw. cap. 19. c Parsons, triple Convers. part 1.
b Fdgari verba extant in Cod. MS. cap. 4. num. 22. and 29.
literis aureis exarato in Bibl. D Rob. d " If it be true, and not feigned by
Cotton. Mr. Fox." — Ibid. num. 20.

64 OF THE POPE'S [CRAKANTHORPE.
besides other records thereof, the same whole epistle is ver
batim set down in a very ancient manuscipt, written divers
hundreds of years before Master Fox was born, which among
others myself have, and others may see in the most worthy
library of Sir Robert Cotton, that honourable favourer of
learning, and learned antiquities.
The special reasons which I will use to prove the truth
thereof, are two. The former is taken from the Common Law
of this realm. A law so ancient3, that no certain beginning
is known thereof (as neither of the law of nations) : but it was
received and grew into use by the continued, constant, and
unchanged practice of wise and judicious men in this realm,
ever since a commonweal hath been settled therein : and
because it was both by common experience of all approved,
as a most fit rule of justice, and also generally or com
monly practised", first in the reign of the Britons, then of
the Romans, then in the several kingdoms of the Heptarchy
of the Saxons, then of the Danes, and lastly of the Nor
mans ; it seems to have obtained the name of the Common,
that is, the generally approved law of this realm. That by
it the Pope's sovereignty and supreme jurisdiction was never
approved in this realm, in the books of Law are set down
many authorities. In Henry VII.'s time, " the Pope ex
communicated all such persons as bought alum of the
Florentines."6 It was adjudged that the Pope's excommu
nication ought not to be allowed. In Richard III.'s time it
was holden, " that a judgment in the Court of Rome should
not prejudice any man at the Common Law."d The like
was held in Edward IV.'s time, " that the Pope's excom
munication was not to be allowed in the King's Court."6 In
Henry IV.'s time, it was ruled for lawf, that it is no plea for
the defendant to say, " that the plaintiff is excommunicated
by the Pope, although he show forth the Pope's Bull to wit
ness it ; for the Judges ought not to allow such an excom-
a Vid. part. 6. Reports of Sir Edw. quibus jam regitur consuetudinibus con-
Coke in Praefat., and the Reports of Sir tinue regulatum est  Foktesc. de Palit.
John Davis in Prafat. Angl. cap. 17.
b In omnibus natioiuun suarum (Bri- c 1 Hen. 7. cap. 10.
tonum, Romanorum, Saxonum, Danorum, d 2 Ric. 3. fol. 22.
et Normanorum) et regum earum tern- e 12 Edw. 4 fol. 16.
poribus, regnum hoc (Angliaj) eisdem f 14 Hen. 4. fol. 14.

CRAKANTHORPE.] TEMPORAL MONARCHY. 65
munication : and that the certificate of no excommunication
is available in law, but such as is made by some Bishop in
England." In Edward I.'s time, " one brought an excom
munication against another from the Pope. The King's
pleasure was, that according to the law he should be hanged
and drawn, as a traitor, but the Chancellor and Treasurer
kneeled for him before the King, so he had judgment only
to abjure the realm."3 Many the like authorities are set
down in the book of the Right Honourable St. Edward Cokeb,
whose exact knowledge in that profession is not unknown to
any. But these few (which by the help of those who are very
learned in that profession, I was desirous to examine for my
own satisfaction) are sufficient to testify the Pope's authority,
even his censures of excommunication, not to have been of
force in this realm by the Common Law thereof.
And I was much more earnest and glad to be satisfied
herein, because with such as are not either themselves expert,
or seek not, as I profess I have done, to be informed by
them who are learned in the law ; the collusions of Father
Parsons, who would seem to make some answer c to that
Treatise, may, perhaps, cast a mist before their eyes* whereas
if the truth be duly and fully scanned, the Jesuit by that his
answer, hath marvellously both disgraced himself, and be
wrayed the weakness of that cause of the Pope's Supremacy,
which he undertook to defend ; but he could no otherwise
support it, but by flying to impertinent, sophistical, and
reviling evasions, on which his whole dispute doth consist.
Of the impertinency of his dispute, take this demonstra
tion. We in all our writings do profess and make evident,
that by the sovereign authority which we give unto Kings
in causes ecclesiastical, we intend not any either supreme or
subordinate power to preach, to administer sacraments, to
ordain, to suspend, excommunicate, and absolve, or judicially
to decide and define doubts of faith : this power is given to
no laical, but only to ecclesiastical persons ; and given or
derived to them only from Christ, by the mediation of his
Apostles and Bishops. And because in all these there is a
direction in the ways of God, but no corporal force or
• 30 Edw. 3. lib. iii. Assis. pi. 19. c Parsons' answer to the fifth part of
b Part 5. of his Reports. Reports set forth by Sir Edw. Coke.
VOL. III. F

66 OF THE POPE'S [CRAKANTHORPE.
punishment, coacting men to walk in those ways, therefore
is this rightly called a directive power, or a power of exe
cuting those spiritual duties. But the power which we ac
knowledge to belong to Kings in causes ecclesiastical, is an
imperial, not spiritual ; a supreme coactive, not a directive
power ; a power mandatory, commanding those ecclesiastical
duties to be done, not executory, as doing those themselves :
such a power, as by which all Kings and Princes are autho
rised by God, as being his immediate vicegerents upon earth,
not only to permit with liberty and freedom, but to see all
those spiritual duties performed in their kingdoms by eccle
siastical persons, yea, to coact and compel 1 both them to per
form, and others to embrace the same duties of piety and
religion. This being the doctrine which we everywhere
proclaim, Father Parsons not being able with any colour to
oppugn this truth, that he might seem to say somewhat in the
Pope's behalf, and against us, slily declines the main point
touching the supreme coactive power, and as if we gave
unto Princes the directive power in causes ecclesiastical
(which we never so much as once dream of) he labours to
prove against us, that "Princes have not that ecclesiastical
power a, not such power as Popes, Archbishops and Bishops
have b : that it is absurd 6 (which he saith we teach) that
all spiritual power is originally in a King ; yea, in a child,
yea in a woman, and from them must be derived to others :"
that it is likewise absurd d (which he persuades you, that we
teach) that " a King, a child, yea a woman hath power not
only to give this ecclesiastical jurisdiction unto others, but
much more to use and exercise the same in their own per
sons, as namely, to give holy orders, to create and conse
crate Bishops, absolve sins, administer sacraments, teach,
preach, judge, and determine in points of faith." Thus dis
putes the great Jesuit against us. In all which every one
may see that this grand Master in their Romish school doth
" Spiritual power is a commission of censures of suspension, excommunication,
binding and loosing  Pars. lib. cit. &c. — Ibid. cap. 2. num. 16, 17.
cap. 2. num. 7. The spiritual ecclesiastical b They give unto her (Q.. Elizabeth)
power consisteth in binding and loosing all and all manner of jurisdiction.
sins, by means of sacraments, in judging ° Ibid. cap. 3. num. 23. The absurd-
causes of the Church ; it is a power to ty of the statute, &c.
teach and direct, to punish by spiritual d Ibid.

CRAKANTHORPE.] TEMPORAL MONARCHY. 67
not so much as once touch the point which he undertook,
but fighteth only with his own shadow ; and when he hath
refused this idle and sottish conceit of his own devising, then
he insults and triumphs as if he had killed the wise and
worthy Ulysses, whereas in very deed the blind Polyphemus
hath done nothing else but hacked and hewed in pieces one
of his own hogs.
As his dispute is impertinent, so is it in every part sophis
tical. I will instance only in this whereof we now entreat
touching the rejecting of the Pope's excommunications. He
seeing that they were often and expressly by the law re
jected, deviseth this shift (and it is very frequent and usual
in him 3) that the rejecting of them proceeded not from any
want of respect to the Pope, nor from the denial of his au
thority in this kingdom, but " from want of a certificate
from the Archbishop or Bishop, that those writings were
indeed the Pope's Bulls, and not counterfeit." Wherein be
sides his supine ignorance, he betrays a resolute intent rather
to cavil and wrangle, than to dispute and argue. It is true,
that in the books of the law there is often mention of
" having a Certificate from the Bishop." But that Cer
tificate was not to testify that this was truly and certainly
the Pope's Bull or Excommunication (for how could any
Bishop here be able to certify that ?) but to certify that the
party (whom that excommunication did concern) was by the
Archbishop or Bishop himself excommunicated. Which to
be the true meaning of those words, there are many clear
proofs. By the Stat. ann. 27 Edw. III. cap. i. it is expressly
declared, that the very " sueing to the Court of Rome, and
seeking by such courses to hinder or impeach judgment in
the King's Court, was the very destruction of the Common
Law, used at all times in this realm. So by the consenting
voice of the whole State, explaining and confirming the Com
mon Law, the very Act of procuring the Pope's Excommu
nication (and not the want of a Certificate of the truth
thereof) is declared to be an act contrary to the Common
Law, and therefore to be condemned and rejected by that
law ; and that also at all times. Had the want of a Cer-
a Pars. lib. cit. cap. 11. num. 24., and cap. 12. num. 15., et same alibi.
r 2

68 OF THE POPE'S [CRAKANTHORPE.
tificate from the Bishop been once known to avoid the force
of the Pope's Bull of Excommunication, would any, think
you, after that, have been so simple or careless in their own
causes, as not to have brought always with the Pope's Bull,
a Certificate thereof from a Bishop ? Would Edward I.
have been so rigorous, nay, tyrannical, as to condemn one for
treason, and " will that he should be hanged and drawn," or
but to be abjured the land, for omitting a part of the form in
legal proceeding ? for want of a Bishop's Certificate of the
Pope's Bull ? Did ever the Statute or Common Law judge
such an omission to be so heinous, and even a capital offence
against the Crown ? Long before this, " the ancient laws of
the land were recognised and confirmed by all the States of
the kingdom, and that also by oath in the reign of Henry II.,
as both Math. Paris, whom before I cited, and an Act of
Parliament under the same Henry II. a, witnesseth. It was
then declared to be an act unlawful and prejudicial to the
King, for any " to appeal to the Pope in any cause, without
the King's consent." Whence it is clear, that the very suing
for the Pope's Excommunication, and not want of a Cer
tificate, was the offence in law taken at those writs. Nay the
Certificate, that such a writ was truly procured from the
Pope, had been an assurance of the offence, not an help to
the offender. Besides, in the 14 Hen. IV. fol. 14. it is said,
that " the Certificate of no Excommunication is available in
law, but only of such Excommunications as are made by the
Archbishop or Bishop." And therefore though the Pope's
Excommunication had been by all the Bishops in the realm
certified, yet in law it was not available, because it was the
Pope's Excommunication, and not the Bishop's. Nay it is
further there said (which is a clear demonstration of this
truth) that though an Excommunication was certified by the
Archbishop of Canterbury, under his seal, yet for that " the
same Excommunication was but in execution of a sentence
in the Court of Rome," and was not upon any cause ori
ginally depending before the Archbishop, it " was ruled, that
the said Excommunication should not be allowed." How
much more then was the Pope's own Excommunication
¦ Ann. 10 Hen. 2. verba Parliam. citantur & D. Edw. Coke in sixth part.
Relat. in Preef.

CRAKANTHORPE.] TEMPORAL MONARCHY. 69
(though certified by a Bishop) by the law rejected, when
even those Excommunications made and certified by Bishops,
which of themselves were of force, lost their allowance in
law, when they had reference and dependence to the Pope,
and at his soliciting of the Bishops, were made against any
for execution of a sentence in his Court ? Lastly, the
reasons why those Excommunications of the Pope are in law
rejected, do undeniably convince this. One reason hereof
was, "because it was against the King's regality and Crown." a-
To want a Certificate that the Bull was truly the Pope's
Bull, none can imagine to be prejudicial to the King, or to
his royalty : at the most that is but an error and oversight
in the party that pleadeth, it is no derogation to the King's
right. But to bring an Excommunication from the Pope,,
as from a superior judge to the King ; to bring the Pope's
authority and writ, to hinder the proceeding of justice in the
King's Court, and to overmaster the King's authority, this
indeed directly, and in capite toucheth the Crown and the
King's royalty ; for in effect it is a very denial of the King's
sovereignty, a denial that he is in truth a King. Another
reason which is often set down in the books of law, is this*
because " the Pope is not a minister or officer to the King's
Court." b Whereby is meant, that such Excommunications as
are of force in law, must be made by those who. are mi
nisters, and subject to the King. And the reason hereof is
evident : because if the Excommunication be unjust, the
Court in the King's name may command, and the King may
compel them to redress the same. Now to the Pope, neither
could the judges, as they say, write, (to wit, authoritative to
command him,) nor could the King compel him to revoke or
redress his Excommunication, though it were never so un
just. By all which it is evident, that the Pope's Excom
munications were by the Common Law, and that at all times
rejected, eo nomine, because they were the Pope's, and so
were derogatory to the royal dignity ; not as the Jesuit cavil-
leth, because they wanted the Bishop's Certificate to testify
the truth of them : for which his fancy, as those who are
ery learned in that profession assure me, he hath no ground
a 12 Edw. 4. fol. 16. b 12 Edw. 4 fol. 16. et alibi.
F 3

70 OF THE POPE'S [CRAKANTHORPEJ
at all in the books of the law. But Father Parsons thought
by his equivocating, and cavilling about the Bishop's Cer
tificate (whereof he knew there was mention in the books of
Law) to delude the simple and unskilful reader, who either
cannot, or will not regard to inform themselves in such
matters. But howsoever among his own ignorant proselytes
he may gain an applause, yet by his so vile and malicious
sophisticating with the law, among all men of sound learn
ing and upright judgment he hath made himself a very
ludibrium unto them.
Parsons fearing his sophistry would fail him, as it hath in
this, turns him to his other shift, which is indeed his last
refuge, and that is open railing and reviling : an art wherein
of all that ever I have read, he is most skilful and expert,
able to put Shimei, Rabshekah, and Thersites himself to the
school. I will not Camerinam movere, not offend your ears
with stirring that sink. Do but hear how contumeliously,
how spitefully he derideth and declaimeth against the very
laws of that land, which bred and brought up such an unna
tural viper. " What is that Common Law ?"a saith he, " that
ancient Common Law? How was it made? by whom?
where ? at what time ? upon what occasion ? to avouch a
Common Law, an ancient Common Law, without beginning,
author, cause, occasion, or record of introduction, is a
strange metaphysical contemplation. This Common Lawb,
it is ens transcendens, or rather ens rationis, nay it is a very
chimera (an old chimera6, an imaginary law) such as hath
no essence or being at all a, parte Rei, but only in imagin
ation." And in this commonplace, as in a large field,
he expatiates almost throughout his whole book, and in
deriding the law makes himself most ridiculous. I cannot
more fitly answer him than with the words of St. Jerome,
Imperitia confidentiam, scientia timorem creat. Modesty
and humility attend upon knowledge, pride and confidence
are the companions of ignorance : or with that of the poet,
Omnia quce nescit dicit spernenda colonus. The dignity
and honour of this law (under which this renowned king
dom doth now most happily, and hath for more than sixteen
a Pars. lib. cit. cap. 11. num. 22. c Ibid. num. 17.
b Lib. eod. cap. 13. num. 16.

CRAKANTHORPE.] TEMPORAL MONARCHY. 71
hundred years, continued in flourishing estate) is by so
many most worthy men, and learned in that profession, so
amply set forth, that as it needs no apology at all, specially
not of me, so mean and unworthy an encomiast ; so can it no
whit at all be blemished bv the contumelies of him who doth
but reprehend what he doth not comprehend. Thus much
only let me say, that all his scoffing and opprobrious demands
do equally and with as much force fight against the Law of
Nations : yea, for the most part against the Law of Nature
also. What is this Law of Nations ? how was it made ?
by whom ? where ? at what time ? upon what occasion ?
Seeing notwithstanding all these frivolous demands, the Law
of Nations is acknowledged by all learned men, yea even by
Parsons3 himself (who is to be ranked in another predicament)
to have a true reality, let him either profess the like reality
and essence in the Common Law, or with it let him condemn
the other, as a chimerical imagination ; and so at once bid
battle, not only to this one kingdom, but even to all mankind
and all nations. Now his book consisting of these and such
like impertinent, sophistical, and reviling discourses^ what
other answer could he expect, or should he receive from him
whom according to the proverb, Dares Entellum, he made his
(though a most unequal) antagonist in this cause, but that
which he hath returned b against him, a writ of Nihil dicit,
for in very deed he speaks nihil ad rhombum. But to pass
from him, seeing it is now clear, that by the Common Law
the Pope's supreme authority even in Ecclesiastical, and then
much more in Temporal causes, of which we intreat, is
rejected ; and seeing that Law is the self-same now that it
was always, it being a certain, immutable, and inflexible
rule ; it remains as clear and certain, that not only since the
Conquest, but ever since there was a Common Law in this
realm (that was ever since there was a commonweal therein)
which knew the Pope, the Pope's Sovereignty hath been by
the Church of this Realm, and that even by the law of the
land rejected.
The other reason to prove this is drawn from the Britons
and their Church. That their Church was not subject to
a Pats, answer to Sir Edward Coke, b Sir Edw. Coke, sixth part of his
cap. 2. num. 7. Repotts in Prafat.
p 4

72 OF THE POPE'S [CRAKANTHORPE.
the Pope's jurisdiction, no not in Ecclesiastical (much less
in Temporal) causes, the manner of their baptizing3, and
other ceremonies far different from the Roman, and that
even when Augustin the Monk came hither, being sent from
Pope Gregory the Great ; and especially their different
observing of Easter, is a certain and undoubted evidence.
For seeing the Popes, especially Victor, as Eusebius b shows,
were so earnest to draw the Asiatic Churches to the
Roman custom in the observation of that day, none may
think but that they would provide to have conformity in such
Churches as were subject to their own jurisdiction. Besides
this difference of Rites, the British Bishops manifestly de
clared that they held not their Church nor themselves to
be subject to the Pope, nor to his authority. Pope Gregory
appointed Augustin to be their Archbishop. " We commit
unto you omnes Britanniarum Episcopos, ' all the Bishops of
Britain,' that the weak may be confirmed, and the obstinate
corrected.'"6 The British Bishops knew that Pope Gre
gory had given to Augustin this authority over them, as by
Beded and others is evident, seeing " Augustin laboured to
briug them to his obedience Apostolica authoritate, ' by the
Pope^s authority.' " e Had those Catholic Bishops known
and believed either the Pope to be a Supreme Judge aud Com
mander in the whole Church in causes ecclesiastical, or them
selves to be subject to his command and authority in such
causes, they would no doubt have yielded obedience to
Augustin, and in him to the Pope. See now how far they
were from doing or acknowledging this. Augustin used both
prayers and threats' to move them to consent, and to con
form themselves to the Roman Church, though not in other
things, yet at least for " their manner of baptizing and cele
brating Easter. Neque precibus, neque increpationibus
Auguslini assensum proebere voluerunt, ' they would neither
yield to his entreating, nor increpation,' but told him plainly,
they would observe their own traditions."8 When he the
second time required of them mihi obtemperareh, to be
a Bed. Hist. Angl. lib. ii. cap. 2. ' Amad. Xiexiens. apud Antiq. Brit.
b Euseb. Hist. lib. v. cap. 24. in August.
c Gregorii verba apud Bcdam, lib. i. f Minitans prajdixit.  Bed. lib ii.
cap. 27. in respons. 9. cap. 2.
a Bed. lib. ii. cap. 2. n Ibid. '¦ Ibid.

CRAKANTHORPE.] TEMPORAL MONARCHY. 73
obedient to him in those motions, their answer was, " nihil
se horum facturos, ' that they would yield to none of them
all : ' "3 and they further added, " ilium pro Archiepiscopo
se non habituros, ' that they would not accept of him for an
Archbishop over them : '" b yea, Dinoth the Abbot of Bangor,
a man of great learning, made it appear by divers arguments,
when Augustin required the Bishops to be subject unto him,
that they owed him no subjection. They further added,
as some set down, " That they had an Archbishop of their
own, residing at Caerleon, or Legancestria (that is, Chester,
whither it seems the Metropolitan See, which while the
British Monarchy continued, was at York, was now re
moved) : Him they ought and would obey, externo vero
Episcopo minime subjectos fore, ' but they would not be
subject to any foreign Bishop,' " and then not to the Pope,
much less to Augustin.
This example of the Britons is so ancient, and withal so
pregnant against the Pope's supremacy, and that even in
ecclesiastical causes, that Baronius0, being no other ways
able to avoid the force thereof, slanders those Bishops with
the imputation of schism, because they would not yield
obedience to the Pope. Wherein Baronius shamefully begs
the main question in that his dispute. Neither could he,
nor will others, ever prove either, that all Churches, or
that this of Britain in particular, did owe subjection to the
Roman Bishop. The Church of Britain4 in ancient time,
like other provinces, had a Patriarch, or Patriarchal Pri
mate, of her own : to him the other Bishops in this Church
were subject, as they in Egypt to the Patriarch of Alex
andria, divers in the eastern parts of Asia to the Patriarch
of Antioch ; they in Italy to the Patriarch of Rome ; and so
in other provinces. Among these Patriarchs and Patriarchal
Primates, by reason of the Imperial seat, and other seats of
justice in several provinces, there was a primacy or pre
cedency of one before another, but no authority of one above
another ; no subordination or subjection of one unto another.
Admit those Bishops had then separated themselves from the
Pope (which yet doth not appear), it is not the separation
* Galf. Monumet. lib. xi. cap. 7. c Baron. Ann. 604. num. 05.
b Antiij. Btitan. in August, p. 46. d Bert, in sua Diatrib.

74 OF THE POPE'S [CRAKANTHORPE,
from the Pope, or from any Bishop, — no, nor from any
Church, — but only the cause of separation that makes a
schismatic : and seeing the Pope then sought to oppress the
ancient liberties of the British Church, and to bring them
under his yoke to whom they were not subject, the cause of
their separation from the Pope being just could not make
them schismatical ; but if the Pope and his adherents did
for this cause forsake or refuse communion with them, or
separate themselves from them, he and his adherents must
rightly and truly be herein accounted schismatics. Of which
point, because in another treatise I have at large even
against Baronius entreated, I will add no more in this
place. Father Parsons is more choleric against the Britons than
Baronius, and therefore imputes a higher fault, even the crime
of heresy, unto them ; and because they would not obey Au-
gustin's persuasions to observe Easter as the Roman Church
did, he makes them guilty of the heresy of the Quarta-
decimanes. To which purpose he saith " the Britons ob
served a Jewish ceremony against the order and faith of the
Church of Rome."3 And he accounteth this a substantial
point of faith, saying, " for other substantial points of faith
(this then is one) they agreed with Augustin." b And
again, " Augustin at his coming found no other substantial
difference of belief in the British faith from that which he
brought from Rome."6 And yet more plainly, " The Eastern
custom of celebrating Easter used by the Britons hath been
condemned not only for an error, but also for an heresy."
Wherein the Jesuit betrays a great deal both of ignorance
and malice. For the heresy of the Quartadecimanes did
not consist in the bare observing of Easter on the 14th day
of the moon of March, seeing not only the Churches of
Britain, but divers also in Asia, as Eusebius testifieth6, ob
served that same day, who were not held heretical in this
point, no not by the Roman Bishops who retained com
munion with them/ But the essence and formality of that
a Pars, triple Covt. part 1. cap. 8. e Euseb. Hist. lib. v. cap. 21. 23.
num. 27. f Prsedeeessores tui Eucharistiam mi-
b Ibid. num. 28. serunt Ecclesiis, quae aliam consuetudi-
c Lib. eod. cap. 9. num. 4. nem sequutaj sunt ait. — Iren. Victor.
d Lib.Beod. cap. 3. num. 14. Ibid.

CRAKANTHORPE.] TEMPORAL MONARCHY. 75
heresy was their teaching that Easter ought of necessity to
be kept on that day and none other : which necessity they
grounded upon the Mosaical law, wherein that day is pre
cisely commanded, from which law they thought and taught
others that none might depart, end so by their doctrine they
covertly and closely laboured to reduce Judaism and all the
Judaical rites, one of which was this of Easter ; and for
which, having most colourable pretence, they used it but as
a pully to draw on the rest. Tertullian showeth this fully,
who, speaking of Blastus the author of that heresy, saith,
" Latenter Judaismum introducere voluit dicens, Pasca non
aliter custodiendum esse nisi secundum legem Mosis 14.
luna mensis. ' He endeavoured cunningly to bring Judaism
into the Church, teaching that Easter was on no other day
to be kept but on the 14th, as Moses commanded.'"3 With
this heresy (which quite abolisheth Christ, and evacuateth
the whole Gospel) those famous Churches in Asia and this
of Britain had no affinity. For although they celebrated the
same day that the Jews did, and the Quartadecimanes urged,
yet they kept it neither after the manner nor upon that
ground that the Jews and heretics did. The Jews and
heretics observed that day eo nomine, because Moses in his
ceremonial law prescribed it. The Churches in Asia and
Britain observed it as a tradition from St. John the Evan
gelist, and by the example of St. John and all the Churches
subject to him, as Policrates in Eusebius6; and long after
him B. Coleman expressly declared in that disputation which
Bede sets down6 : and St. John to have observed that day,
Bishop Wilfrid d, who was earnest for the custom of the
Roman Church, expressly confesseth. The Jews and Quarta
decimanes taught that it ought necessarily to be observed on
that 14th day, and on no other ; the British and Asiatic
Churches used it as a rite indifferent, which might either on
a Tett. lib. de Ptoescrip. cap. 53. Myt. omnibus quibus praserat Ecclesiis cele-
Pam. brasse legitur : et Johannis Apostoli ex-
b Nee Policarpo persuadete potuit emplum sectamut.. — Beda, lib. iii. cap.
Anieetus ne id retineret quod cum 25.
Johanne observasset. — Iren. apud Euseb. d Johannes 14. die mensis primi in-
loc. cit. Johannes Apostolus, Policarpus cipiebat celebrationem festi Pascatis, nihil
14. luna Pasca observabant. — Euseb. curans, an h*cc Sabbato an alia qualibet
lib. cit. cap. 23. feria proveniret. — Wilf. verba ibid.
c Ipsum est quod B. Johannes cum

76 OF THE POPE'S [CRAKANTHORPE.
that I4th or another day, according to different custom of
Churches, be celebrated : for which cause they did " not re
nounce communion, nor break the unity of the Church, with
such as observed another day," as by that famous example
of Policarp and Anicetus is most evident.3 And though
the Nicene Council decreed1" that Easter should not be kept
on the fourteenth day after the manner of the Jews, but on
another, to which order of the Holy General Council every
particular Church was in duty to have conformed itself;
yet because that decree of the Council was not a decree of
Faith (no further than it condemned the necessity of ob
serving the fourteenth day, and so condemned the Quarta-
decimanes~), but a decree of order, of discipline, and uni
formity in the Church, when it was once known and evident
that any particular Church condemned the necessity of that
fourteenth day, the Church by a connivance permitted, and
did not censure the bare observing of that day so long as it
was observed, but as an indifferent and mutable rite, nor as
a Mosaical, but as an Apostolical tradition or custom : even
as in that other Nicene Canon, " that on every Lord's Day,
from Easter to Whitsuntide, none should pray kneeling, but
standing,"0 the Church both now and ever used the like
connivance or indulgence. So long as there is a consent,
unity, and agreement in the doctrines of Faith, the Church
never useth to be rigorous with particular Churches which
are her own children for the variety and difference in out
ward rites, though commanded by herself. Every particular
Church, like the King's daughter, must have the same glory
of faith within, though they have diversities of rites like
variety of colours in their garments without. And this to
have been the very judgment of the Church touching the
British Church and Bishops, herself declared : seeing not
long after that Nicene Decree, both at the General and Holy
Council of Sardica, and after that, in another at Ariminum
(which Baronius and Biuius profess to have been also a
General and Holy Council11), and at which were present
about four hundred Catholic Bishops, they as willingly and
a Apud Euseb. Hist. lib. v. cap. 24. c Cone. Nic. can. 20.
b Decret. Nic. Synod, recitatur apud a Bin. Not. in Concilium Atiminense.
Euseb. lib. iii. de Vit. Constant, cap. 17.
and 18.

Ii

CRAKANTHORPE.] TEMPORAL MONARCHY. 77
gladly received the Bishops of Britain (though observers of
the fourteenth day) as any of other provinces who observed
another.3 Doubtless had the Church esteemed either the
bare observing of that fourteenth day to make an heretic, or
the Church and Bishops of Britain for observing that day to
be heretical, Hosius, Athanasius, and other most holy and
orthodox Bishops would never have admitted them unto,
or permitted them to sit and give sentence with them in
those holy assemblies. It was some ignorance, but much
more malice in Parsons to account those Britons who would
not yield obedience to Augustin, heretics, and tax them as
observing that rite against the Faith, yea, against a sub
stantial point of Faith, whereas it is clear that they were at
that time, as Amandus Xierixensisb expressly and truly calls
them, Catholics ; every way, if not more, as Catholic as
Augustin himself.
It doth now appear, that the Pope's supreme authority in
causes Ecclesiastical, was not believed nor received, but
directly oppugned and rejected in this realm, at that time
when Augustin came, seeing the Catholic Britons, British
Bishops, and Church refused Augustin for their Archbishop,
and in that rejected the Pope's authority, by which they
knew he was appointed to be their Archbishop. But there
are besides this some other important consequences. First,
Father Parsons tells us, " that in all substantial points of
faith6, excepting that ceremony (so himself expressly calls
itd) of observing Easter, the religion of the Britons did
wholly agree with that of the Romans at that time," which
was the time of Gregory the Great. Now seeing that it is
clear that the doctrine of the Pope's supremacy in causes
Ecclesiastical was no point of the Briton's faith, but a doc
trine which both by their profession and practice they did
utterly condemn and reject : it hence followeth, that the
same doctrine was condemned by Pope Gregory,, and all
Catholics at that time. Again, Parsons tells us, "That
• Episcopos Britannia; interfuisse Con- b Amand. Xierix. apud Antiquit. Brit.
cilio Sardicensi testatur Epist. Syno- in August. Britones fuerunt Catholici.
dalis illius Cone, apud Athan. Apol. 2. e Pars. trip. Conv. part 1. cap. 8.
Tres etiam Britannia; Epis. interfuisse num. 28. and cap. 9. num. 3.
Concilio Ariminensi testatur. — Sulf. d A Jewish ceremony observed against
SivEa. Hist. Sacr. lib. ii. faith  Ibid. cap. 8. num.2 7.

78 OF THE POPE'S [CRAKANTHORPE.
the faith which the Britons formerly had in the time of
Eleutherius, and before that also in the Apostles' time, was
the self-same in all material and substantial points (excepting
that ceremony of Easter) which they had when Augustin
came : in all that time neither did the Church of Rome
change her faith, nor the Britons theirs."3 And Galfr.
Monumetensis leaving out that ridiculous exception of Par
sons, testifiethb (as Parsons also confesseth of him6), "that
the same doctrine of Christianity which was received in the
time of Eleutherius, failed not among the Britons, but re
mained in force when Augustin came." Whence it again and
certainly followeth, that seeing the doctrine of the Pope's
supreme authority in causes Ecclesiastical was no part of
the faith of the Britons when Augustin came ; therefore
neither was it any part of their faith in Eleutherius' days,
no, nor in the Apostles' neither : nay, seeing the faith of the
Britons (as Parsons truly affirmethd) was then the same
which the Roman Church and all Catholics embraced, it
further followeth, that the Pope's supremacy was no part of
the faith of the Church of Rome, or of any Catholics either in
Eleutherius', or in the Apostles' time. So is it clearly
proved, and that with a large overplus, that as the supreme
authority of the Pope in causes Ecclesiastical (and a fortiori
in Temporal), was rejected by this realm ever since the
Conquest, so was it also during the whole time of the Saxons
and Britons, ever since there was a Church planted therein,
and that is ever since the days of the Apostles, in whose
time, by the confession of all learned men, there was a
Church in Britain.
To this demonstration, and evident deductions of the
truth, let me add somewhat touching those three pretences
which they allege, and whereby they strive to prove the
Pope's sovereignty and monarchical authority in this kingdom.
The first, as you have seen, is the payment of Peter-pence6,
begun by King Ina, about the year 71 6, and confirmed by
Offa, Adelphus, William the Conqueror, and others, till the
time of Henry VIII. : which payment, because Polydore'
a Pars. trip. Conv. part 1. cap. 9. d Pars. cap. 9. cit. num. 2.
num. 1, 2, 3. 6. ° Sup. cap. 1.
b Galf. Monumet. lib. xi. cap. 7. f Pol. Virg. Hist. Angl. lib. 4. sect.
c Verba Galf. citat. Pats. lib. eod. Post liunc.
cnp. 2. num. 13.

CRAKANTHORPE.] TEMPORAL MONARCHY. 79
calls a Tribute, they thence infer, that the kingdom of Eng
land was tributary to the Pope, and he the direct or Supreme
Lord thereof. But what a slender witness is Polydore for
so weighty a matter ! An Italian, one of the Pope's pen
sioners, collectors, and flatterers also : such an one as Car
dinal Bellarmine himself misdoubts in this very matter,
saying : " England is tributary to the Pope, si Pclidoro
Virgilio credimus, 'if we will believe Polydore.'" a And
sure the Cardinal had reason to doubt that Polydore meaut
not any such thing as they collect : for he expressly saith,
" That those Peter-pence were paid to the Pope, pietatis et
religionis causa, 'for piety and devotion.' "b So by Poly-
dore's testimony, that was a tribute of devotion, not of duty,
a tribute given for piety, or given in pious uses, not a pay
ment of subjection, or service. But what speak I of Poly
dore ? That those Peter-pence were nothing else but a
voluntary alms given to the Church of Rome, partly for the
use of some English Church there erected, partly for the
relief of English pilgrims and travellers who came thither,
either upon devotion or otherwise, there are such authentic
records witnessing the same, that the poor and petite testi
mony of Polydore (on which, but with extreme diffidence,
they build that their idle fancy) is not to be named, much
less compared with them. In that old manuscript collection
of Nicholas Cardinal of Arragonia, of which before I spake,
among other records there is set down a writ or instrument6
which Mr. Sintius clerk of the Pope's Exchequer, and the
Pope's Nuncio in England brought to the Roman Court,
concerning these Peter-pence. In it is expressed, both how
those pence ought to be collected, at what time, and where
to be payed, what forfeiture for non-payment thereof, and,
which I principally observe, the very reason why the King
payed them to Rome, which is this, Quoniam denarius hie
Elemosina Regis est, " because those Peter-pence are the
alms of the King." Among the laws of St. Edward the
Confessor, which are extant in another ancient manuscript d,
a Bell. Apol. pro Tort. cap. 4. sect. Apostolica? sedis in Anglia ad Cutiam
Quanquam. apportavit.- — Cod. MS. ante citat. fol. 41.
b Pol. Vir. loc. cit. d Cod. MS. legum antiq. inter leges
c Insttumentum quod Mr. Sintius St. Edw. fol. 35. extat in Bibl. D. Rob.
Camera; dom. Papa; clerieus, Nunclus Cot.

80 OF THE POPE'S [CRAKANTHORPE.
the very same touching all those particulars are expressly
and verbatim, set down, as in the instrument of Sintius
the same reason of payment is there also expressed,
Quoniam denarius hie Elemosina Regis est. William the
Conqueror, to the end3 he might be undoubtedly certified of
the true laws, which were formerly used by the Saxons in
this realm, caused a collection of them to be made by the
consent of sworn men, twelve to be chosen out of every shire
of England. They all (witnesses for number, antiquity, and
credit above all exception) among other ancient laws and
customs, mention this concerning Rome-scot or Peter-pence,
in the very same manner and words as the former did ; and
this very reason for the payment thereof by them is ex
pressed, Quoniam denarius hie Elemosina Regis est. By
all which it is evident, that by those Peter-pence the Pope
and Church of Rome is certainly proved to be Elemosinarius,
a Beadsman to the Kings and kingdom of England, as
receiving that annual alms from them, to the payment
whereof they voluntarily bound themselves. And from this
voluntary gift of an alms, to conclude that the Pope is the
highest Lord of England, is even such a reason, as if a
beggar from the gift of a penny, or an hospital from the gift
of twenty shillings, which you promise or bind yourself
yearly to pay, should conclude that they are certainly your
landlord, and that you hold all your lands and possessions
of them, and in token of recognition thereof do pay yearly
to the one a penny, or to the other a pound.
Their next pretence, and that wherein they do most con
fidently and continually triumph, is that famous, nay infa
mous, and as Math. Paris b and Math. West6 rightly call it,
that lamentable, execrable, and detestable Charter made by
King John, by which he resigned for the Pope's use, into the
hands of his Legate, the realms of England and Ireland, and
as Feudatory, took them of the Pope again, for the annual
rent of 1000 marks. For answer whereunto, I wish them
first to consider what they will say to Sir Thomas More, an
holy martyr d among them, who denyeth " the fact, and that
- Rog. Hoved. Anna], part 2. in Hen. chatta. — Idem, Hist. Major, an. 1245.
2. p. 343. sect. Diebus vero.
b Charta sasculis omnibus detestanda. c Math, West, ad an. 1213.
— Math. Paris. MS. Hist. Minor in » Sand, de Schis. p. 29.
Ioh. sect. Dum ita. Detestabilis ilia

.CRAKANTHORPE.] TEMPORAL MONARCHY. 81
any such deed was at all made by King John."3 For my
own part, I do not consent to their martyr in this point.
For besides that the copy of the Charter made to Pandulph,
the Pope's Legate, is set down in Math. Parisiensis b, and
Math. Westmonasteriensis °, who lived near those times,
there is extant a Bull of Innocentius III. which (reciting
verbatim every word in John's Charter to Pandulph) the
Pope sent unto King John : declaring how willingly and
joyfully he accepted the kingdoms so resigned, and let them
unto King John again. The very autographum of that
Papal Bull, dated on the 4th of November, anno 1213,
signed with the Pope's own hand and mark, witnessed by
the subscriptions and marks of twelve Cardinals and three
Bishops, sealed also with the Pope's seal of lead, imprinted
on the one side with the name of Innocentius III., and on
the other, with the images of Peter and Paul, after I had
seen4 and perused, it left no scruple at all touching the fact
in my mind. Besides this Charter made to Pandulph at
Dover, on the 15th day of May, ann. 14 Johannis, the
Pope afterwards solicited and induced King John, by Ni
cholas Bishop of Tusculum, the Pope's Legate, to renew the
same grant of resignation, and so John did.6 This second
Charter was made for the Pope's use to Nicholas the Legate,
at London, in the Church of St. Paul, dated on the 3rd of
October, ann. 15 of King John, and A.D. 1213, sealed with
goldf, whereas the former was but with wax. The copy of
which grant being wholly set down in that manuscript col
lection of Nicholas Cardinal of Arragonia, of which before
I spake, after I had also seeng, perused, and compared with
the former, it did fully satisfy me for the fact again. And
though it be not easy to conjecture what the Pope's policy
might be in procuring this second resignation, seeing, for
every material and substantial point it doth verbatim agree
with the former ; yet this much I think may be easily ob-
" Sir Thomas More, in the SupplL. Math. Paris, ann. 1213. sect. Ve-
cation of Souls. niente.
b Paris, ann. 1213. sect. Rebus. f Chatta ptiot cera signata fuetat,
c Westmon. ann. 1213. nunc auro bullata est. — Paris, ibid.
d In Bibl. D. Rob. Cotton. Verba Charta; sunt ista, per hanc char-
0 Exacta est a Rege et innovata, ilia tarn aurea bulla munitam.
non forniosa sed famosa subjectio. — B In Bib. pradicta.
VOL. III. G

82 OF THE POPE'S [CRAKANTHORPE.
served, that both these may well be invalid, but that they
both should be of force it is impossible: the validity of
either one makes the other utterly invalid. For if the
former was of force, then John having passed away all his
right to the kingdom by it, he could have nothing to pass by
the latter to the Pope ; and then the latter is utterly void
and of no force at all. Again, if the latter be of force, so
that by it John granted or resigned the kingdom to the Pope,
then was nothing at all passed away, granted, or resigned
by the former, and then the former is utterly invalid. And
of the two, though they esteem more of the gold, yet if I
might advise them, they should hold them to the wax:
specially for that the golden Charter (as Parisiensis3 tells
them) was said by many to have "been melted in that fire
at Lyons, which Innocentius III. himself was thought to
have kindled in his own palace, that under pretence of that
loss he might more colourably exact a collection of the
Clergy : the fire prevailing further than the Pope intended
devoured that golden jewel, and some other of less value."
But on whethersoever they set their rest, it is certainly
no better than a staff of reed, to support the pretended
dominion of the Pope. For though we suppose it to have
been sometimes of force, yet the saying of Polydore their
own witness, and the Pope's favourer, is very true in this
case. Omnia ilia onera Johanni tantummodo imposita
sunt, non item successoribus ; " Those bands tied, and those
burdens were laid upon King John alone, they bound not
any of his successors ;" and this, saith he, satis constat, "is
very clear and certain."" For as Accursius, Albericus, and
other lawyers teach6 of the Donation of Constantine, that it
could not prejudice his successors, the very same may be said
of the Donation of King John : as the Charters, so the
validity of them is not unlike. Yea, by the judgment of
Lucias de Penna, the grant or alienation of a kingdom,
though confirmed by oath also, as was thisd, could not be of
force, no not against King John himself. " For though an

a Math. Par. ann. 1245. sect. Diebus. d Juravit rex se judicio Ecclesia; pari-
b Polyd. Virg. lib. xv. sect. Hisdictis. turum. — Math. Paris, ann. 1212. sect.
c De quibus vid. sup. part i. num. 8. Rex denique.
p. 170.

CRAKANTHORPE.] TEMPORAL MONARCHY. 83
Emperor," saith he, " swear that he will not revoke such
royalties as are given away to the prejudice of his Crown,
yet he may revoke them notwithstanding that his oath."3
And the reason is, because the Emperor at the " time of his
coronation, having sworn to keep safe the honour and rights
belonging to his Empire," his second and contrary oath
(whereby he swears to alienate the rights of his Empire, or
suffer them to be alienated or withheld) being unlawful,
neither doth it, nor can it bind him to violate his former
just and lawful oath ; for juramentum is not vinculum ini-
quitatis. And this directly concerns the very case of King
John. Nay, what if the Pope himself annulled this grant
of King John. Both the Charters were made in that one
year 1213, as by their date appears. Of the next year thus
writeth the author of the Eulogium : "Anno 1214 con-
vocatum est, this year there was a Parliament called at
London, the Archbishop and all the clergy, cum tota laicali
secta, ' with all their laity,' being present therein. Per
domini papoe prceceptum ilia obligatio preefata, quam Rex
domino papce fecerat cum fidelitate et homagio relaxatur
omnino 1 die Julii^ ' In this Parliament, that obligation
spoken of before, which the King had made to the Pope,
with fealty and homage done unto him, was wholly released
by the commandment of the Lord Pope on the 1st clay of
July.'" Thus the Eulogium, evidently witnessing what
force or validity soever was in either of the Charters granted
by King John, the same by the Pope's own Act of Relaxation,
was the next year wholly annulled.
And all this I have spoken, upon supposal that those
Charters, or either of them, made by John, had sometimes
been of force. But the truth is, that neither of them was ever
of any force to transfer or give away the Kingdom ; but,
ab initio, even from the very first making of them, there
was an invalidity and a mere nullity in those grants, both in
respect of the giver, of the gift, of the cause, and manner of
giving thereof. The giver was John, who as "he was
never rightly King," c so neither had he, nor could have any
a Sup. pat. 1. cap. 8. p. 169. c Johannes nunquam fuit vetus'Rex.
b Eulogium Cod. MS. in Bibl. D. — Verba Philippi Regis Francia, apud
Rob. Cotton. Mat. West. ann. 1216.
G 2

84 OF THE POPE'S [CRAKANTHORPE.
power at all to give away the Kingdom, which was not his,
nor of right belonged unto him. For of the six3 sons of
Henry II., John was the youngest ; William and Henry
died before their father, and without issue ; Richard, the
third son, reigned after his father, and died without issue.
The fourth son was Geoffrey, who died a little before his
father ; but left issue, Arthur Duke of Brittany ; and Eleanor
called the Damsel of Brittany. Philip the fifth son died
young, and without issue. After the death of Richard, the
Kingdom in right belonged to Arthur ; but John (the
youngest son of Henry II.) by force invaded, and by force
withheld the Crown from him. After the death of Arthur
(which was in the fourth year, after John had taken the
Kingdom15) the whole right to the Crown descended, and in
right belonged to Eleanor, the sister of Arthur, who lived
full twenty-three years after the death of John : for John
diedA.D. 1217°, and Eleanor died a.d. 1241, which was the
twenty-fourth year of Henry III., son of John. After which
time all the brothers of John and their issue also being ex
tinct, the right of the Crown remained in the issue of John.
By this now it is evident that John at no time (and least of
all when he was deposed and deprived of his Kingdom by
the Pope's judicial sentence, as then he was when this
Charter was made) had any right to the Kingdom ; and
seeing he had no right to take it to himself, much less had
he right to give it to another.4 He could give no more than
he had : right to the Kingdom he had none in himself, right
to the Kingdom he could give none to the Pope. Of his
gift that may be said which is usually spoken in another
matter, nihil habuit dare, nihil dedit. And although such
acts of John as concerned the making of laws, or adminis
tration of justice either betwixt subject and subject, or him
self and the subjects, are to be held of force, as were also the
like acts of some others, and namely of Richard III., one
a Hanc esse vetam genealogiam fili- c Math. Paris. Math. Westm. Hol~
otum Hen. II. videte licet praster alios lins. Speede in Job.
in Chron. Joh. Speede in Hen. II. num. d Math. Patis. ann. 1241. sect. Et
102. et seq., et in Chton. Hollinsh. circa, p. 770., and Speede in Iohan.
in Hen. II. p. 115. num. 20.
b Speed. Chr. in Ioh. num. 19. and
20.

CRAKANTHORPE.] TEMPORAL MONARCHY. 85
known and confessed by all to be an usurper : though those
acts, I say, of John be rightly judged to be of force, because
the state of the Kingdom consented to his government and
yielded obedience unto him, thinking it better to accept and
obey such a King as had but a pretended title, rather than
to have no king or ruler at all ; yet for his other acts be
twixt him and strangers, such as concerned the rights of the
whole Kingdom and regality of the Crown, and which
tended to the bringing of the whole Kingdom into bondage
and vassalage unto others ; for these, neither the act of
John, nor of any other, were, or were ever judged to be of
force ; there was an invalidity in John to do such acts, and
when he did any such, there was a mere nullity in the
same. As the giver had no power to give, so neither was the
Kingdom such a gift as could be passed away by John. For
no Emperor can, without the consent of his State, give his
Empire to a stranger, seeing, in so doing, he should prejudice
the rights of others, and make them subjects and vassals to
another, without their own consent; whereas both "equity
and natural reason teacheth," as out of Lupoldus a was before
declared, " that the act which prejudiceth the right of others
must be approved by them all." Now although, in the
Charters King John is made to say that " he did this com-
muni consilio Baronum, ' by the common consent of his
Barons,"' yet was that clause, as many others, most falsely
and fraudulently put into the Charters by the Pope's Legates.
The Barons and State were so far from consenting to this
grant, that when the first Charter was sealed at Dover,
" Henry, Archbishop of Dublin," the principal man in that
assembly (in the name, as it seems, of the rest), " did recla-
mareb, 'openly disclaim' the same, and grieve thereat."
And, when the second was sealed in St. Paul's, " Stephen
Langton, the Archbishop of Canterbury (a Cardinal, and the
Pope's own creature, but in this a true lover of his country),
Appellationes solenniter fecit ante alt are", 'made solemn
" Lupol. de Jur. Regni et Imp. c. 14. c Math. Paris, ann. 1231. sect. De-
b Math. Paris, ann. 1213. sect. Charta functae.
itaque ; Speede in Chron. in Ioh. n. 48. o 3

86 OF THE POPE'S [CRAKANTHORPE.
appeals before the altar against that writing,' which was
toti inundo execrabile, 'detestable to the whole world.'"3
By virtue of these appeals6, as also of the right in the cause
itself, Ralph Nevil, Chancellor of England, doubted not
openly to say, and his speech was related to the Pope him
self by Simon Langton, "That the yoke of the Pope to
which John had subjected England, might justly be shaken
off, and that, for so doing, himself would strive, even to the
loss of his head."6 How much the Barons disliked this
grant of King John, his own words to Pope Innocent, as
also the Pope's answer, do witness. " Our Earls and Ba
rons," saith hed, and the Pope writes the like6, " were devout
and loving unto _us, till we had subjected ourselves to your
dominion ; but, since that time, et specialiter ob hoc, ' and
specially even for so doing,' they all rise up against us."
The manifold opprobrious speeches used by the Barons
against King John for this subjecting himself and his Kingdom
to the Pope, do declare the same. "John," said theyf, "is
no King, but the shame of Kings ; better to be no King than
such a King: behold a King without a Kingdom, a Lord
without dominion. Alas ! thou wretch, and servant of lowest
condition, to what misery of thraldom hast thou brought
thyself? fuisti Rex, nunc f ex, 'thou wast a King, now thou
art a cowherd ;' thou wast the highest, now the lowest. Fye
on thee, John8, the last of Kings, the abomination of English
princes, the confusion of English nobility! Alas ! England,
that thou art made tributary, and subject to the rule of base
servants, of strangers, and, which is most miserable, subject
to the servant of servants ! Thou John, whose memory will
be woful in future time, thou of a most free King hast made
thyself tributary, a farmer, a vassal, and that to servitude
itself: this thou hast done, that all might be drowned in
barathro Romance avaritice, ' in the hell of the Romish
a Math. Paris, ann. 1231, sect. De- " In ilium insurgunt postquam ecclesia;
functa;. satisfecit, qui assistebant eidem quando
b Innixus juti et appellationibus Ste- ecclesiam offendebat. — In Epist. Innoc.
phani — Ibid. III. apud~M.ATu. Paris, ann. 1214. sect.
c Excuteret Angliam de sub jugo do- Innocentius, p. 356.
mini Papae, &c. — Ibid. f Detisionibus multiplicatis subsan-
d Vetba Epist. Iohannis ad Innoc. ci- nando dixetunt. — Math. Paris, ann.
tantut in tesp. ad Apol. Bellat. cap. 3. 1215, sect. His peractis.
sect. Frater. e Idem, ann. 1216, sect. Circa has.

CRAKANTHORPE.] TEMPORAL MONARCHY. 87
avarice.'" Yea, so detestable was both this fact of John,
and dealing of the Pope, that Philip, the French King,
though the mortal enemy of King John, hearing thereof,
even upon this very point, that " the Barons and State did
not consent to that act," did proclaim both the absolute free
dom of the Kingdom of England, notwithstanding this grant
of John, and declaim also against the Pope, for seeking to
enthral Kingdoms unto him; for when Gualo" the Pope's
Legate, told him " that the Kingdom of England was now
become the Pope's patrimony, by the gift of King John,"
Philip presently replied (and his words are very remarkable)
Regnum Anglice patrimonium B. Petri nunquam fuit, nee
est, nee erit, " The Kingdom of England never was, nor is,
nor shall be the patrimony of Peter." And the King gave
two reasons of his so worthy and resolute assertion ; the
one, "because John was never King," and therefore could
not give away the Kingdom ; b the other, because " Nullus
Rex, No King nor Prince can give away the Kingdom
(which is the Commonwealth's) without the assent of his
Barons, who are bound to defend the Kingdom ; and if the
Pope, being allured by the lust of dominion, determine to
maintain this error, he gives a pernicious example unto all
Kingdoms."6 At which saying4, all the noblemen of France
that were present " began uno ore clamare, ' to cry with
one voice,' that they would stand to this truth usque ad
mortem, ' even to death ; ' that the Pope cannot, at his plea
sure, give kingdoms, or make Kings tributary, whereby
their nobles shall be made slaves to whom he will." Nay,
they did not only say it, but " sware also that they would
spend their lives in this quarrel."6 Besides all which, there
is yet a far more authentic proof of the invalidity of King
John's grant, and that is, the judgment of the whole king
dom assembled in parliament in the time of Edward III.
This matter, touching the grant which King John made to
the Pope, being proposed and discussed in that parliament,
'¦' Upon full deliberation, the Prelates, Dukes, Earls, Barons,
and Commons, answered and said with one accord, that
a Math. West. ann. 1216, and Math. c Math. West, and Paris MS. loc. cit.
Paris. Hist. Minor. MS. in Johan. d Math. West. loc. cit.
b Math. West. loc. cit. Math. Paris. MS. loc. cit.
G 4

88 OF THE POPE'S [CRAKANTHORPE.
neither the said King John, nor any other, can put him, or
his Realm, or his people in such subjection without their
assent : and, as by many evidences appeareth, if it was done,
it was done without their assent, and contrary to his own
oath at his coronation. And besides this, the Dukes, Earls,
Barons, Gentlemen, and Commons, do accord and agree,
that in case the Pope shall enforce, or attempt by process,
or by any other manner of doing, to constrain the King or
his subjects to perform this (as it is said he will), these
parties will resist and withstand it with all their-puissance."3
Thus are the words of the Act : a demonstration above all
exception, that to the grant or charter made by King John
to the Pope, there was no assent of the Realm ; and there
fore, that King John neither did, nor could by that his grant,
or by either of those charters, resign or transfer his King
dom to the Pope, but that, in his very act of doing it, there
is not only an invalidity, but a mere nullity.
The third nullity ariseth from the cause, which moved
John to make this grant to the Pope ; and though in both
the charters John is made to say that he did it " for piety
and devotion, to make satisfaction to God and the Church
for his sins ; " that he did it also bona nostra spontaneaque
voluntate, " of his own free accord, and with a willing
mind ; " yet are these, in truth, nothing else but pretences.
An easy matter it was for the Pope and his Legates to make
John write what colourable pretence they listed, when they
made him give away his kingdom to whom and as they
listed. The true and only cause inducing, nay enforcing,
John to make this grant, was that imminent danger and fear,
to lose both his crown and his life also, into which extremity,
both of danger and fear, the Pope himself had now first
brought John, that so he might be pliable to his own per
suasions, and then held him so fast enwrapped and ensnared,
that without the Pope's help he was now inextricable. His
land was now under a general interdict b, and had so re
mained for five whole years, like an heathenish nation, with
out celebration of Divine service and sacraments. John
himself was by name excommunicated6, and had so remained
a Ex Rotulo Pari. ann. 40 Edw. 3. num. 8. c Idem. ann. 1209, sect. Sub his
b Math. Paris, ann. 1208. sect. Londoniensis.

CRAKANTHORPE.] TEMPORAL MONARCHY. 89
for " divers years : all his subjects were released and freed
a regis fidelitate et subjectione, ' from owing either fidelity
or subjection to him ; ' yea, they were forbidden, and that
under the pain of excommunication, so much as to company
or converse with him, either at table, or in council, or in
speech and conference/'3 Further yet, John was deposed
from his kingdom, and that judicially, a jure regni abdi-
catus et sententialiter condemnatus in Curia Romana,
" being in the Roman Court deprived of all right to his king
dom, and judicially condemned ;"b and "that sentence of
his deposition and deprivation was solenniter promulgata,
' solemnly denounced and promulgated,' before the French
King, clergy, and people of France."6 Neither only was
John thus deposed, but his kingdom also given away by the
Pope, and that even to his most mortal enemy : " for the
Pope4, to bring his sentence to execution, wrote unto Philip,
the French King, persuading, yea, enjoining6 him to under
take that labour of dethroning John (actually, as judicially he
was before,) and expelling him from the kingdom, promising
unto him, not only remission of all his sins, but that ipse et
successores sui regnum Anglice jure perpetuo possiderent,
' he and his heirs should for ever have the kingdom of
England.'" Withal, "the Popef wrote letters to all nobles,
soldiers, and warriors in divers countries, to sign themselves
with the cross, and assist Philip for the dejection of John."
Philip was not a little glad of such an offer, gathered forces8,
and all things fit for such an expedition, " expending in that
preparation no less than sixty thousand pounds."11 All these
things being notified to King John1, did not a little daunt
him ; and though he was too sensible of the impendent
calamities, yet, to strike a greater terror into his amazed
heart, and make a more dreadful impression in his mind of
the dangers which now were ready to fall on his head,
Pandulph was sent from the Pope unto him, to negotiate
about the resigning of his kingdom, to which, if he would
a Ma'.h. Paris, ann. 1212, sect. Circa e Westm. loc. cit. Ex parte do. Papa;
hos. tegi Ftancotum aliisque injunxetunt.
b Math. Paris. Hist. Min. MS. in Et idem ait Paris, p. 311.
Joh. sect. Dum ita. ! Paris, loc. cit.
° Westm. ann. 1213, and Math. Paris. s Paris, and Westm. loc. cit.
ann. Cod. sect. Anno 1213. h Paris, ann. 1213. sect. His ita.
d Paris. loc. cit. p. 310. * Idem. ann. eod. sect. Rex. Angl.

90 OF THE POPE'S [CRAKANTHORPE.
consent, he should find favour, protection, and deliverance at
the Pope's hands. Pandulph, by a crafty kind of Romish
oratory, at his coming to the King, expressed, yea, painted
out in most lively colours all the difficulties and dangers to
which the King was subject1 — the loss of his crown, the
loss of his honour, the loss of his life : that " there was no
other way in the world to escape them, nisi sub alis domini
Papce potenter protegatur, ' but by protection under the
Pope's wings.' "b John, "seeing dangers undique immi-
nere, 'to hang over him on every side,' "c by the French
abroad, by the Barons at home, and being dejected, aud
mente nimis perturbatus, " utterly dismayed and confounded
with the ponderation of them,"4 resolved, for saving his life,
to lose his liberty and honour : and to save his kingdom from
his open adversary, to lose it and give it quite away to his
secret but worst enemy that he had : doing herein as if one,
for fear of being slain in the open field, should kill himself
in his own chamber. It was not piety, but extreme peril ;
nor devotion, but fear only and despair, that caused, and
even enforced John, against his will, to make this grant to
the Pope. Parisiensis rightly observed this when he said,
Demersus Rex in desperationem, " King John being then
drowned in despair," made that shameful agreement, volens j
nolens, " with an unwilling will," to the Pope.6 And truly
the very same cause induced John to make the second
Charter. For besides that the interdict was not then
released1, King John knew by experience that if he had
incensed the Pope, by not yielding to his motion, the Pope
would, and could as easily now as before use his power of
excommunication, deposition, and giving away his kingdom.
As fear and force imminent caused him to make the first, so
fear and force foreseen caused and compelled him to make
the second Charter ; and what validity can there possibly be
in those acts which are done per vim et metum ? It is a
rule in the law, " confirmed by a perpetual edict, interposi-
a Paris, ann. cit. sect. Dum autem. f Licet terra intetdicta fuisset (cum
b Math. West. loc. cit. advenit Nicolaus), &c. — Math. Pa*.
c Paris, loc. cit. sect. Rex denique. Hist. Major, ann. 1213. sect. Eodem j
d luid. anno circa, p. 329.
" Math. Paris. Hist. Min. MS. sect.
Dum ita.

CRAKANTHORPE.] TEMPORAL MONARCHY. 91
tas metu transactiones rata? non haberi, ' that such agree
ments as are made for fear, are of no validity.'"3 " We
command," say the Emperors, " that those venditions, dona
tions, and transactions be void, quce per potentiam extortce
sunt, 'which by force and power are extorted.' "b Inno
centius himself declares the same, even in another act of
this King John. The Barons6, not prevailing by persuasions
with him, " took the city of London from him," and being
in arms, forced him to " confirm some liberties and laws
unto them." John having made complaint thereof to Pope
Innocentius, be thus wrote of that matter : " John being
destitute of help and advice also, durst not deny what they
required, unde compulsus est per vim et metum, ' where
upon he was compelled by force and fear' (which may fall
into a man though he be most constant,) to make both a
shameful and wicked composition with them ; that com
position reprobamus penitus ac damnamus, ' we utterly
reject and condemn ; ' and all the covenants and obligations
contained therein, we make altogether frustrate and void."4
Boniface VIII., entreating of some things done by the Kings
of Scotland, which seemed prejudicial to their right, saith,
" Ea utpote per vim et metum elicita nequaquam debent
de jure subsistere, ' those things being done by reason of
force and fear (which may happen to a constant man) ought
not in law to be of validity,' nor to redound to the prejudice
of the kingdom."6 Whose saying doth equally, in every
respect, show the invalidity in this act of King John. Pope
Pascalis, with an whole Council, decreed the like : " He
being imprisoned by Henry V., by a fair Charter resigned
unto the Emperor the investitures of Bishops, and ordering
of the See Apostolic." The Pope was no sooner at liberty,
and the fear past, but calling a Lateran Council, they
" revoke and adjudge that grant, even because it was per
violentiam extortum, ' made by constraint ' to be of no force,
to be pravilegium, not privilegium." f Were they not quite
a Cod. de Transaction. 1. Intetpositas. e Bonif. in suis Uteris ad regem Angl.
b Honor, et Theod. Cod. de iis quae apud Math. Westm. ann. 1301.
vi et metu gesta sunt 1. Venditiones. f Ab. Usperg. ann. 1112. Alb. Stad.
c Math. Paris, ann. 1214. sect. Per et Naucl. eod. ann. et Cone. Later, sub
idem, p. 355. Pasc. 2.
a Idem, eod. ann. sect. Innocentius,
p. 357.

92 OF THE POPE'S [CRAKANTHORPE.
blinded with partiality, they could not choose but confess,
that much more this Charter and Grant of King John must
be invalid ; the Grant to Heury was just and lawful, being
that which in right belonged unto him. This Grant of John
was sundry ways injurious, — injurious to John himself, it
being contrary to his just oath formerly taken ; injurious to
the whole state and kingdom, whose liberties it enthralled;
injurious to the Crown, as taking away the Regality thereof.
Seeing they, upon that rule of Gesta per vim et metum non
valent, annul the just Charter and Grant of Pope Pascalis to
the Emperor, they do warrant us, by the same rule, to pro
nounce a nullity of the injurious Charters and Grant of King
John unto the Pope.
The last invalidity ariseth out of the very manner of the
Grant, and of the making thereof; for after all that King
John either resigneth, giveth, or granteth any way to the
Pope, this proviso and exception or reservation is expressly
set down, salvis nobis et hceredibus nostris, justitiis, liber-
tatibus, et regalibus nostris, " saving to us and to our heirs,
our rights, liberties, and regalities ;" which words being
expressed in the former Charter, the copy whereof is vul
garly extant and obvious unto all, I supposed that the prin
cipal, if not the only reason, why the Pope procured his
second writing had been, to have this clause (which an-
nulleth all the former Grant) expunged and left out in the
second and golden Charter ; but when I found the self-same
proviso, and that totidem verbis expressed in both the Char
ters, I did even wonder to see their vanity, and with what
insolency they boast that sovereignty of dominion is here
given to the Pope, and the King made an homager and
vassal unto him by this Grant, all which this one proviso
doth manifest to be untrue. For the right of a King is
sovereignty of dominion : the liberty of a King is freely and
absolutely to rule, without being subject or servant to any
other mortal man ; and the very essence of regality, as I
have before shown, is " supremacy of authority, independent
of any, save only of God." Seeing all these are expressly
and directly excepted in both the Charters, they utterly made
void whatsoever is before mentioned, either as granting
sovereignty to the Pope, or as acknowledging subjection in

CRAKANTHORPE.] TEMPORAL MONARCHY.
the King. In both these respects, by reason of this one
proviso and exception, there is a certain nullity of the Grant
made in both the Charters. Much more might be added ;
but for further satisfaction in this whole point concerning
these Grants, I gladly refer the reader to the history of
King John's life, so faithfully, exactly, and judiciously set
forth by my learned friend, Dr. Barkama, that were the
rest of our country story suitable thereunto, few human
histories of kingdoms could be preferred before it.
Their third and last proof concerns Henry II. father of
this King John. Cardinal Allan b pretends that Henry II.,
when he was absolved for the death of Thomas a, Becket,
made an agreement with Pope Alexander III., that none
might lawfully take the kingdom of England till he were
confirmed by the Pope. And both Baronius6 and Bellar
mine4, and after them Becanus6 and Gretserf allege to this
purpose an Epistle of Henry II., set down among the
Epistles of Peter Blessensisg, wherein King Henry acknow
ledged! the Pope to be his temporal lord, and himself the
Pope's feudatory. " Vestrce jurisdictions est Regnum An-
glice : ' The Kingdom of England belongs to your jurisdic
tion,' and by feudatory obligation I am bound and obnoxious
to none but to you. Let England know what the Pope can
do ; and because the Church useth not material weapons,
let it defend the patrimony of St. Peter by the spiritual
sword." Whereunto I answer, that both this pretence of a
covenant and feudatory subjection is untrue ; and that Epistle
going under the name of Henry II., wherein this is acknow
ledged, is either wholly forged, or in that part or passage
corrupted. Whereof there are so many evident proofs, or
rather demonstrations, that none of sound judgment duly
pondering the same, can justly make any doubt thereof.
Had the Pope known this kingdom to have been the Pope's
patrimony, and the Kings thereof feudatory unto them in
a Ea est qua? extat in Chro. Iohan. e Bee. Contr. Angli. q. 9. num. 1, 2.
Speed. et seq.
* Card. Allan. Admonit. to the Nobil. f Grets. in com. Exeget. sive Basil.
ann. 1588. p. 8., and cit. in Blackw. larg. dot. cap. 5. sect. Si temporalia.
Examin. p. 18. « Epist. 136, inter Epist. Pet. Bles-
c Bat. ann. 1173, num. 9. sensis.
a Bell. Apol. pro Tort. c. 3. sect. Extat.

94 OF THE POPE'S [CRAKANTHORPE.
the time of Henry the father of King John, or could they
have shown that King Henry had acknowledged this under
his hand and seal, would they have been so simple as to have
laboured so earnestly and craftily to draw King John to
make those Charters of Resignation, and that grant of the
Sovereignty thereof unto them ? What could either King
John resign, grant, or give unto them, or the Popes receive
more than was their own before, and that by the authentical
acknowledgment of King Henry ? Seeing this acknow
ledgment of King Henry utterly annuls the Grant and both
the Charters of King John, wherein they so much triumph,
and for which (as also for the Pope's earnest labour to obtain
the same) there are so certain and doubtful records, even
themselves must either confess this Epistle and acknowledg
ment of King Henry to be a forgery, or else for ever dis
claim the Charters of King John, and whatsoever is granted
therein unto them. Had the Pope known this kingdom to
be his patrimony, and himself to be the Lord thereof, by
any acknowledgment of King Henry, why did he not pro
tect King John and his kingdom against the Barons, against
Philip the French King, and against Louis his son, as well
before John had made those Charters as he did after ? espe
cially seeing he gives this very reason why he protected
John, " because he was his vassal and a feudatory unto him,
one whom in duty he was to protect and defend." 3 For thus
said the Pope to the Legates of Lewes : " He ought not to
make war (no, not just war) against King John, but he must
make complaint to John's higher Lord, to wit the Pope,
cui subest Rex Anglice tanquam vassallus ejus, ' whose vassal
King John is.' " b Nay, why did the Pope incite King Philip
to invade England, to dethrone King John and promise his
kingdom unto him, if it was the patrimony of St. Peter by
any grant or acknowledgment from King Henry ? Or how
could Innocentius III., in his Bull 6 of Acceptation of John's
a Admonet papa Philippum ne pet- Barones, quorum insolentiam minis et
mitteret Ludovicum Angliam hostiliter censutis compescit Innocentius III. in
adite vel Regem Anglorum inquietate in suis Uteris apud Math. Paris, ann. 12)5,
aliquo ; sed ipsum ut Rom. Ecclesia; vas- p. 362.
sallum protegetet et defenderet. Math. b Paris, ann. 1216. sect. Tunc dixit,
Paris, ann. 1216, sect. Sub his. p. 375. p. 381.
Ecce qualiter patrimonium B. Petri c Bulla Innoc. de qua supra.
Angliam pontifices defendunt, dicunt

CRAKANTHORPE.] TEMPPORAL MONARCHY. 95
Charter, have said in such a glorying manner, " That now
upon King John's Grant was fulfilled that which St. Peter
saith : Regnum Sacerdotale et Sacerdotum regale : the
Pope being now made (in respect of England) like Melchi
sedek, both a King and a Priest ! That this and other
provinces, quce olim, which formerly held the Roman
Church for her mistress in spiritual matters, Nunc etiam in
Temporalibus Dominam habeant specialem, ' hath the same
Church now (upon King John's Grant) for her Lady in
temporal affairs also ? " ' Innocentius doth hereby clearly wit
ness that this Realm of England never till King John's time
acknowledged the Roman Church for her Lord in temporal
matters. And, therefore, by the Pope's own judgment,
neither Henry II. nor any former King did ever acknow
ledge, as in that forged Epistle Henry is made to do, this
Realm to have been the patrimony of Peter, or the Kings
thereof feudatories to the Pope.
Besides this there are divers reasons that may persuade
that King Henry never wrote that Epistle, at least not that
passage therein, nor ever made any such acknowledgment.
There is extant a letter* of this King Henry to Pascalis III.,
who succeeded to Octavianus, called Victor III., and was
chosen Pope in the time when Rowland, called Alexander III.,
held the See. Pascalis is accounted by themb for an Anti-
pope, but as before I showed, Alexander was indeed a
Pseudo-pope, which much impaireth the credit of Henry's
Epistle, and acknowledgment made unto him. Henry after
congratulation for his election, and signification how he sent
that pension of Peter-pence unto him, which he expressly
calls Beneficium, as noting it to be given in courtesy and as
an alms, not as a duty, he thus saith, " What honour and
obedience your See had in the time of my father and prede
cessors, the same I will that you have in my time : in this
tenor that I also do entirely enjoy those dignities and customs
in my kingdom which my ancestors had in the same : and
I certify you that as long as I live, the dignities and customs
of my kingdom shall not (God willing) be impaired. And
a Epist. Hen. 2. in MS. cod. in Bib. b Gait. Chron. in sajcul. 12.
D. Rob. Cot.

96 OF THE POPE'S [CRAKANTHORPE.
though I (which God forbid) should so much deject myself,
yet my nobles, imo totus Anglice populus id nullo modo pa~
teretur ; ' yea, the whole kingdom of England will not suffer
the impairing thereof.' " So clearly and constantly doth
King Henry protest that neither himself would, neither
would his people permit the impairing of the dignities and
custom of the kingdom : and therefore that neither himself
nor they would ever acknowledge such feudatory subjection
to the Pope, as in that forged Epistle is both against the
mind, the hand and seal of the King, and against the con
sent of the kingdom acknowledged. Those other acts of
King Henry recorded in historians do show the same.
"He forbade any to appeal to the Pope, and that also, qualicun-
que de causa, ' for any cause whatsoever,' without the King's
leave."3 He accounted and often called, " Thomas a, Becket
a traitor for appealing to the Pope," b and seeking help of
him against the King : " He entreated aid of Frederick the
Emperor to depose Alexander the Pope, eo quod proditoris
Thomas causam fovit, ' because he took part with the traitor
Thomas against him.' "c He decreed, that " if any brought
into England either any letters or mandate from the Pope,
containing an interdict of the land, he should be apprehended
and justice without delay done unto him, sicut de traditore
Regis ac Regni, ' as on a Traitor to the King and King
dom.'"4 He decreed "that neither Archbishop nor other
should without his leave go out of the kingdom, no not ad
vocationem domini Papce, ' though the Pope called him : ' "
he professed " obedience to the Pope's sacred commands,"'
but with this proviso, SalvcL sibi sua, regnique sui dignitate:
' always saving his own dignity and the kingdom's' (by which
one proviso his regal Sovereignty is kept safe). His oath
taken at that very time when he was absolved, after the
death of Becket, is worthy observing. One part whereof
was this, " that he would not revolt from Pope Alexander
a Rog. Hoved. Annal. part. 2. fol. veret  Lit. Henr. apud Westm. 1168. et
289. sect. Amantissimo. saepe alibi.
b Ille Thomas ptoditot  Literm Hen. c Litera: Hen. 2. ad Frid. Imper.
2. ad Episeop. Londin. apud Math, apud Westmonast. loco citato.
Paris, ann. 1149. sect. Per Idem. Et ad d Rog. Hoved. lib. cit. fol. 284.
Ludov. Regem Franc, sctipsit ne inimi- e Ibid. fol. 290.
cum suum ac proditorem Thomam fo- f Ibid. fol. 287.

CRAKANTHORPE.] TEMPORAL MONARCHY. 97
and his successors, quamdiu ipsum sicut Regem Catholicum
habuerint, ' so long as they entreated him as a Catholic
King ' " 3 (and that is, so long as they touch not his regal Sove
reignty, or attempted aught against it). Another part was,
" that he would not hinder appeals to the Pope in causes
Ecclesiastical (in Civil he would), but yet with this proviso
(which kept his sovereignty safe), that if any were sus
pected, they should put in security, that they would not hurt
either him or his Kingdom." b Upon such security he per
mitted only, but allowed not, and that only in Ecclesiastical
causes, appeals to the Pope. These and a number the like,
as they are clear evidences that he still, as well after as be
fore the death of Becket, kept the Sovereignty of the King
dom in himself, so they demonstrate that acknowledgment
of the Pope's superior authority unto him, and that himself
was a feudatory to the Pope, mentioned in that Epistle to
be a mere fiction and forgery, devised by some unskilful
favourer of the Pope.
To all which may be added the judgment of their learned
Archpriest, who entreating of that accord betwixt Henry II.
and Pope Alexander III., which Cardinal Allan mentioneth,
not only taxeth the Cardinal for oversight in that point6,
but further also of his assertion resolutely saith, " It is un
true," adding that " King Henry II. never made any such ac
cord, for aught that he could ever read in any chronicle of
credit." Now it is not to be doubted, but that so learned a
man, exercised in the diligent search of such matters, had
both read and knew right well of this Epistle, going under
the name of King Henry II., so familiar and obvious in
their writings ; but because he judged that Epistle to be of
no credit, he therefore denied any " such grant to have been
ever made." But enough touching England, to manifest the
vanity of their boasting, " that the kingdom thereof, even
ex quo Christi nomen ibi clarificatum est, ' ever since
Christianity was embraced therein,' hath been in the hand
and power of St. Peter," as Pope Alexander II. saith4, or as
Stan. Christanovic explains it e, " hath at all times been-
• a Rog. Hoved. lib. cit. fol. 303. a Epist. Alex. 2. ext. apud Bar. ann.
b Ibid. 1068. num. 1.
* Geotg. Blackw. in his latge Exa- e Chtistanov. Examen. Cathol. fol.
minat. p. 18, 19, 20. He must needs 33.
acknowledge his oversight in that point.
VOL. III. H

98 OF THE POPE'S [CRAKANTHORPE.
tributary to the Pope : " whereas we have now by many and
by authentic evidences demonstrated, that ever since the first
planting of the faith in this land, it hath still been " an im
perial kingdom, subject to none but only and immediately
unto God."
For the kingdom of Scotland, I will only here mention
two testimonies. The former of Cassaneus.3 The King of
Scots, non habet superior em nisi ipsum Creator em, "hath no
superior unto him but only God." The other of the whole
state of England. When Boniface VIII.b challenged the
kingdom of Scotland " to belong plenojure, ' in full right ' to
the Church of Rome, as to the direct and supreme Lord
thereof," the Earls, Barons, and Nobles of England after
diligent examination of the whole matter, with one consent
returned this answer to Boniface : " The kingdom of Scot
land, nullis temporibus, in temporalibus pertinuit, velper-
tinet quovis jure, ad Ecclesiam vestram, ' doth not now,
nor at any time did belong by any right unto your Roman
Church.' " Which one authentic testimony is enough to
silence for ever their vain pretences for that kingdom.
For the kingdom of Ireland, how far it was from acknow
ledgment of the Pope's Temporal Monarchy, may certainly be
discerned by their condemning his Ecclesiastical sovereignty,
and that by consenting voice in their Parliaments. In the
time of King Henry VII. " all the statutes made in Eng
land against provisors, were authorised, confirmed and de
creed to be of force for Ireland." d The like statute against
provisors was made in the time of Henry VI.6, yea a more
severe law was made in the time of Edward IV., " That
such as purchase any Bulls of Provision in the Court of
Rome, as soon as they have published or executed the same
to the hurt of any incumbent, should be adjudged traitors." f
The like might be declared of the kingdoms of Denmark,
Sweden, Hungary, Russia, and the rest, which are mentioned
a Cassaneus citat. apud Episc. Roffe. c An. 32 Hen. 6. cap. 1.
contta Bell. lib. i. cap. 8. ' Stat, of Itel. ann. 16 Edw. 4. cap.
b Literae Bonif. 8. extant apud Math. 4. not printed, sed citatur in the first
Westmon. ann. 1301. part of the Reports of Sir John Davis,
0 Litera; Comitum et Baionum Angl. in the case of Praemunire, fol. 87.
extant apud eund. Westm. ann. citato.
d Statute of Iteland, 10 Hen. 7. cap. 5.

CRAKANTHORPE.] TEMPORAL MONARCHY. 99
in Nicholas Cardinal of Arragonia, and after him in Steuchus
and Gretzer : for them all in general, that one testimony of
their own, Dom. Soto, being so full and clear to our pur
pose, may suffice at this time. " Pope Innocentius," saith
he, " ingeniously confesseth, that he hath no power in
temporal matters over the French King : et quicquid alii
somniant, id de omnibus regnis intelligit, ' and whatsoever
others dream, the Pope understands this of all other king
doms.'"3 But omitting other particulars touching them, I
will only now in the last place entreat of the Roman empire,
which both by act and word, to have rejected their Papal
Monarchy, might by innumerable testimonies and examples
be made evident. Of them all, I will briefly mention but a
few, having in many passages before set down much to this
purpose. Constantine the Great, the first Christian Emperor, was
so far from acknowledging that Papal Monarchy, that him
self exercised supreme authority, and that not only in Civil,
but even in Ecclesiastical causes. The Donatists brought
unto him a very troublesome cause, and many accusations
against Cecilianus. He being " at the first unacquainted
with the Canons b, durst not 6 (personally, or by himself) give
sentence therein," but he did that which demonstrated his
sovereignty both of authority and judgment ; for causam
judicandam atque finiendam Episcopis delegavit 4, " he de
legated and deputed Bishops to judge in his room, and to
end that business : " first Maternus 6, Rhetilius, and Marinus,
to whom he joined Pope Miltiades, et junxit causam audi-
endam, " and he enjoined or gave a precept to the Pope and
them to hear the cause "f and to end it. When the Do
natists appealed from the Synodal judgment of the Pope,
the Emperor dedit alios judices, " appointed other judges" s
at Aries, to judge even of the Pope's judgment. When the
Donatists yet again appealed from them also, Constantine
thought he might justly have rejected their appeal after so
a Dom. Sot. 4. Sent, distin. 25. q. 2. d Aug. Epist. 166.
art. 1. concl. 3. sect. Quod si. ° Optat. loc. cit. and Epist. Constant.
b Imperatorem hatum rerum adhuc Miltiad. apud Euseb. lib. x. cap. 5.
ignarum. — Ora. lib. i. cont. Parm. p. f Aug. in Brevic. collat. die 3. sect.
28. Quinto ergo.
c Non ausus est ipse judicare. — Au- s Aug. Epist. 166.
gust. Epist. 162. and 166.

J 00 OF THE POPE'S [CRAKANTHORPE
many judgments given by those Bishops, yet " he took the
judgment thereof into his own hands, a Sanctis Antistibus
postea veniam petiturus," * saith St. Augustin, purposing to
crave pardon of the Bishops for undertaking to judge in
that same cause which he had appointed to be ended by them.
Himself personally then " heard the whole cause b, and Epis-
copalem causam coqnitam terminavit," saith St. Augustin,
" ' he made a final conclusion and determination of all that
ecclesiastical matter,'" and withal " made a most severe law
against the Donatists." Can there be desired more, or more
clear evidences, that this most religious Emperor esteemed
not the Papal, but his own Imperial authority to be supreme
in these causes. His delegating and appointing of judges,
even the Pope for one, his receiving appeals, and giving
other judges after the Pope's judicial sentence passed his own
personal hearing the cause, and final ending of it by his own
judgment, are evident proofs of his superiority above the
Pope. And this Imperial judgment was so approved by the
Church, that St. Augustin little less than triumpheth therein
against the Donatists. " Constantine," saith he, " is dead,
sed judicium Constantini contra vos vivit, ' but the judgment
of Constantine against you doth still live.' " 6 The Emperors
(Constantine, Gratian, Theodosius and Valentinian) " do
command the same that Christ commands, because when
they command what is good, per illos nonjubet nisi Christus,
' none but Christ doth command by them :'" yea St. Augustin
in this very cause, besides this of Imperial superiority above
the Pope, expressly declares that there is another judge in
Ecclesiastical causes above him : for speaking of the Synodal
judgment of Pope Miltiades, of which the Donatists com
plained as unjust, " Let us," saith he, " suppose those
Bishops who judged this cause at Rome, to have been ill
judges, restabat adhuc plenarium Ecclesice concilium,
' there remained yet a general Council of the Church,' where
the cause might be debated, cum ipsis judicibus, ' even with
judges themselves,' " 4 one of which was the Pope. No
marvel if Stapleton was so displeased at this example e, so
a Aug. Epist. 162. d Aug. Epist. 162.
» Idem. Epist. 68. e Staplet. Counterblast, cap. 19. p.
c Aug. Epist. 166. 17.

CRAKANTHORPE.] TEMPORAL MONARCHY. 101
ancient, and withal so pregnant against their doctrine, that
he, reviling Constantine for that very judgment, for which
St. Augustin and the whole Church honoured him, shamed
not to say of him, " that he waded far beyond the borders
of his own vocation." But wisdom is justified of her own
children. Justinian in his Imperial laws fully declares this Sove
reignty of Emperors above the Pope. " There is," saith
he3, "nothing exempt from the Prince's inquisition b, who
hath received from God communem in omnes homines mode-
rationem, et principatum, ' a common regiment and sove
reignty over all men.' " His own acts also, as by name
the '' Banishing of Pope Silverius," the commanding "Pope
Vigilius to come to Constantinople," and staying him there
till the Emperor gave him leave to depart, and divers the
like, do manifest that he judged the Imperial authority to
be a superior even a commanding power above the Papal.
The like sovereignty doth Basilius the Emperor testify to
belong to himself and all the Emperors, when in the pre
sence, and with the approbation of that, which they call the
Eighth General Council, he expressly thus said6, "The go
vernment of the Ecclesiastical ship (that is, of the whole
Church) is by Divine Providence nobis commissa, ' com
mitted to us ' who are Emperors."
I would gladly stay a little in speaking of Charles the
Great, especially because Scioppius hath so insolently and so
vilely misused him, metamorphosing d him into an ass, into
a right Issachar, that is, into a strong ass, yea into an " ass
with bells about his neck," that it will not seem amiss, for
vindicating his honour against such railing Shimeis to make
manifest how this renowned Emperor was in very deed the
high commander both of the Pope and all others in his
empire. See first how by his commanding authority he
calls the Pope and other Bishops out of their provinces to
the Council at Frankfort. " Jussimus Synodale Concilium,",
' we have commanded a Council ' to be held at Frankfort of
a Justin. Novel. 133. in prasfat. c Cone. Gen. 8. Act. 1.
b Sic legitur in antiquis Cod. et sic d Is porro (Carolus) tantus Asinus.
legendum agnoscit Staph in suo Coun- — Sciop. cap. 147.
terbl. cap. 19. p. 184. in nonnullis edit. a Reseriptum Caroli ad Elipandum.
aliter habetur. torn. iii. Cone. p. 425.
H 3

102 OF THE POPE'S [CRAKANTHORPE.
all the Bishops within our dominions." Among those
Bishops the Pope was one, who at the Emperor's command
was present in that Council " by his two Legates Theo-
philactus and Stephanus,"3 whom he sent to supply his room
therein. Let Scioppius now say who was then the ass, — the
Pope, who obeyed the Emperor's command, or Charles, who,
like the chief muleteer, drove the Pope to what fold he listed.
See next how this great Emperor not only resisted the
Pope's doctrine and direction, and that also in a matter of
faith, but, like the holy Angel of God, reproved the Romish
Balaam and his Baalitical idolatry, in their adoration of
images. There are extant four large books called Libri
Carolini, wherein not only the doctrine and decree of
their second Nicene Council about images is fully, and by
many divine authorities and reasons refuted, but that second
Nicene Synod is, as Hincmarusb saith, penitus abdicata,
" utterly rejected therein," yea, Athelmus adds, "that the
second Nicene Synod was so wholly rejected, ut nee septima
nee universalis haberetur, dicereturne, 'that it should
neither be esteemed nor called the seventh, or any general
council.'"6 That Charles the Great was the author and
writer of this book, Augustus Steuchus witnesseth, saying,
" Charles the Great, writing of images in the first book and
sixth chapter, thus saith : " 4 and then he repeateth the
whole chapter of the Libri Carolini. The like is witnessed by
Eckius, " Charles the Great quatuor libros scripsit, ' wrote four
books' against such as take away images."6 Bellarmine' is
of opinion that they were not8 written by Charles " but by the
Council at Frankfort, seeing there is set down the very
acts of that Council," and this both out of Hincmarus, and
the books themselves he declares. Both their opinions are
in part true, for it is certain that some parts of those
books were written by Charles. Of the preface, in which
their Second Nicene Synod is rejected \ it is evident to be
a Athel. in Ann. Franc, ann. 794. ' Eck. in Euchir. cap. de Imaginibus.
Reghin. in eund. ann. et Ado Vien. * Bell. lib. ii. de Concil. cap. 8. sect.
atque ahi. prim0 qu;a
Hmcm. Lb. cont. Hincmarum lau- <s Ibid. sect. Quod autem.
du™- .caP-. 2,a . " Nam eodem ordine cum Ariminensi
Athel. loc. cit. censetur. Prsf. lib. i. Carol, p. 97.
" Steuc. lib. de Donat. Const, p. 1 1 1 .

CRAKANTHORPE.] TEMPORAL MONARCHY. 103
the preface of Charles, " This work we have undertaken
with the consent of those Bishops which are set over
Catholic flocks, in regno d Deo nobis concesso, ' in the
kingdom given unto us by God : '" 3 which words can agree
to none but to Charles. Again, of the last chapter, wherein
Charles professethb to follow the judgment of Gregory the
Great, who wrote thus to Serenus, " We praise you that you
forbade them to adore Images, but we reprove you that ye
brake them down."6 This chapter to be the true writing of
Charles the Great, Pope Adrian4 expressly testifieth. So
both the beginning and ending of those books are the writing
of Charles. The rest of the books wherein all of any moment
which is set down in the Second Nicene Synod is repeated
and refuted, seems indeed to be written, as Bellarmine saith,
by the Council at Frankfort, but yet so, that it was approved
by Charles. And because, according to the law6, Omnia
nostra facimus quibus nostrum impartimur authoritatem,
they were usually and rightly said to be the books of
Charles. This Hincmarus witnesseth, saying, " By the au
thority of the Council of Frankfort, the worshipping of images
was somewhat repressed," f yet Adrian and other Popes after
the death of Charles, suarum pupparum cultum vehemen-
tius promoverunt, " did more earnestly labour for the wor
shipping of their puppets," so that Lewis the son of Charles,
libro longe acriori insectatus sit imaginum cultum quam
Carolus, " did in a more sharp book write against the wor
shipping of images than Charles had done," where he plainly
testifieth those books written against the adoration of images
to be the books of Charles. The Council at Paris held in the
time of Lewis, witnesseth also those books to have been
written with the allowance and approbation, yea, in part, by
the direction of Charles. " When your Father Charles," say
theyg, " had caused the Second Nicene Synod to be read
before himself and his Bishops (in the Council at Frank
fort) et multis in locis ut dignum erat reprehendisset," and
" when further he had noted and observed certain chapters of
a Praef. lib. i. Carol, p. 97. e Cod. lib. i. de veteri jure Eccl.
b Secundum quod continet Epist. 8. f Hinc. loc. cit.
Gregorii ad Serenum, lib. iv. cap. ult. e Synod. Paris, sub Ludovico et Lo-
c Greg. Epist. 9. lib. ix. 4. thario in principio.
d Had. 1. Epist. 3. qua; est ad Caro-
lum. cap. ult.
H 4

104 OF THE POPE'S [CRAKANTHORPE.
the Nicene Synod which were to be reproved, he sent the
same chapters by Euguilbert an Abbot to Pope Adrian, ut
illius judicio et authoritate corrigeretur, ' that they should
be amended by Pope Adrian's authority.'" Now, seeing
those books which Charles sent to Adrian, and which
Adrian answered, were no other but these very four Libri
Carolini, as Bellarmine3 rightly professeth, and as any who
compareth the one with the other cannot choose but acknow
ledge ; it evidently hence followeth, that what chapters of the
Second Nicene Council are in those books reproved, the
reproof was either prcenotata " observed," or at least allowed
by Charles. Seeing so great an Emperor as Charles not
only rejected and condemned their Second Nicene Synod
which Pope Hadrian had confirmed, but wrote or published
large books, and that under his own name against that Synod,
yea, when he admonished the Pope to correct and amend his
Nicene Synod, and the decrees thereof : let Scioppius here
again say, who seems to him in this cause to be the muleteer,
and who the ass ; and whether Charles be such a wise, that
is, obedient ass as he foolishly boasteth he was.
See lastly, how in this very point touching the Pope's
Temporal Monarchy (in respect whereof Scioppius accounts
and calls him one of their greatest asses), he was in very
truth one of their Pope's greatest muleteers and commanders.
" Charles the Great," saith Jac. Almane, " did not acknow
ledge any superiorem in temporalibus, ' to be above him in
temporal matters.'" b Nay, he took, and that rightly a sove
reignty above all, even in the Pope himself. "He had6 the
election of the Pope, he had the ordering of the Apostolical See;
he had the sovereign disposing4 of Rome and Italy, having
conquered and obtained it jure belli, he gave (as to tenants
under himself) dukedoms and cities to whom he would,
permisit Pontifici, 'he permitted the Pope' to have the ex
archate of Ravenna, the dukedom of Rome, and other cities,"
and he permitted the Pope with this proviso to have them,
jure principatus et ditione sibi retenta : he let the Pope
a Bell. lib. de Concil. cap. 8. sect. c Dist. 63. cap. Hadrianus.
Primo quis. a sigon. lib. ;v- de reg Tia). ;n plia.
Jac. Aim. lib. de Potest. Eccl. et cipio.
Laica. q. 1. cap. 14. sect. De Justiniano.

CRAKANTHORPE.] TEMPORAL MONARCHY. 105
have only usum fructum, the use, profit, and commodity of
those territories, but the sovereignty and supreme dominion
he reserved still to himself, as Sigonius, and 300 years
before him, Eutropius witnesseth 3 ; who saith " that Charles
ordained that all the people of Rome, tarn Episcopi, quam
Laid, ' as well Bishops as Laymen,' should be homines Im-
peratoris, 'the Emperor's men."' Now because Scioppius
saith, " that Rome is the meat and the fold of the Church," b
whether the Pope and his Cardinals, who eat such fodder,
and are cooped in that fold, be to be called asses, or Charles
who allowed them this fodder and this fold, I leave it to the
judgment of any, save only Scioppius, who accounts himself,
and not without cause, one of that fold of asses.6
" ' O but,' Charles cried out," saith Scioppius, " to all the
fold of asses, ' let us honour the Roman Church (that is, the
Pope) and bear with humility whatever yoke he imposeth,
though it be almost iusupportable : ' which is the saying of a
right Issachar." 4 But why doth not Scioppius tell you,
where Charles the Great said this ? Or how knows he,
that Charles ever used such a true Issachar's saying ? If he
rely, as Baronius 6 doth herein, on Gratian's aurhority, where f
this is cited under the name of Charles, their own Possevine8
will tell him, and that most truly, " that Gratian very often
errs in citing sayings under the names of such authors as
never wrote them." And this to be certainly one of those
errors of Gratian, that which I have already said of Charles,
doth make evident. For Charles would neither himself en
dure, nor suffer others to bear that yoke of adoration of
images, though imposed by the Pope : neither would he bear
or endure to hear of that other insupportable yoke of the
Pope's Temporal Monarchy, but himself imposed his own yoke
of sovereignty upon the Pope, permitting him no otherwise
to have Rome, and other cities in Italy, but so that the sove
reignty and highest dominion should still remain in himself.
a Eutrop. Longobar. tract, de Juris et lici. — Sciop. lib. cit. cap. 147. p. 534.
priv. Imper. in marg.
b Deus Romam Ecclesiae donavit, et d Cap. eod. p. 537.
hunc corpori suo velut cibum hanc gregi c Bar. Ann. 801. num. 10.
suo caulam daturum se promisit  Scior. f Dist. 19. cap. In memoriam.
Eccles. cap. 51. i Poss. in Gratiane.
c Cujusmodi Asini simus nos Catho-

10G OF THE POPE'S [CRAKANTHORPE.
So both the doctrine and actions of Charles demonstrate that
Issachar's saying to be none of his. Scioppius may learn of
Burchardus3 the whole chapter ; In memoriam, which Gra
tian falsely ascribed to Charles, was indeed a decree of the
Council b at Triburia, held in the time of Pope Formosus,
eighty years6 after the death of Charles the Great. But
whether soever of them was author of that decree, certain it
is, that neither the one nor the other can thence be proved
to be such a very ass or right Issachar as Scioppius fancieth.
For in that decree there is neither mention nor intention of
bearing the yoke of the Pope's Temporal Monarchy, wherein
consisteth the very essence of affinity. This yoke Charles,
as hath been undeniably demonstrated, could not endure, but
he, as I have shown, imposed upon the Pope the yoke of his
own sovereignty. The Council of Triburia also was so far
from once dreaming of that Papal yoke that they directly
subject the Pope to the yoke of the Emperor's authority and
sovereignty, saying4 of Arnulphus the Emperor, "that God
had preferred him, omnibus ecclesiasticce sublimitatis ordi-
nibus, 'above all orders of Ecclesiastical sublimity,'" then
certainly above the Pope's. The decree (which was indeed
made by the Council6, and not by Charles) speaks only of
Ecclesiastical orders, rites, or ceremonies as their own words
declare, " Let us," say they, " honour the Roman See, that
she, who is the mother of priestly dignity unto us, esse debeat
Ecclesiasticce magistra rationis, ' may also be the mistress
of Ecclesiastical reason ;' " that is, order and discipline. So
the true meaning of the decree is, that such Ecclesiastical
orders, rites, or ceremonies, as that our Mother Church im-
poseth on ns, let us with patience and humility observe,
though otherwise the yoke of them be scarce tolerable.
From whence to conclude any acknowledgment, that all, even
Kings and Emperors, must bear the yoke of the Pope's Tem
poral Monarchy, it beseemed none but only such as Scioppius
is, one who is eminent in that his fold of asses.
_ a Burchardus citat. ex concil. Tribu- c Cone. Trib. habitum est ann. 895.
riensi. Nota Gregor. ad cap. citat. Carolus obiit ann. 814.
b Cone. Tribur. cap. 30. totidem om- d Cone. Trib. in procemio.
nino verbis decretum ilium habet, ut e Ab Episcopis decretum ilium fac-
apud Gratianum citatur. tum judicant, ilia verba qua; nobis est
mater Ecclesiastics; dignitatis.

CRAKANTHORPE.] TEMPORAL MONARCHY. 107
Otho the Great besides many other ways demonstrated
his Imperial sovereignty above the Pope, and that also with
the approbation of the whole Church, when he deposed
John XII.a (though for age but a boy Pope, yet for wicked
ness a monster,) and placed Leo VIII. in his See, as before
we have declared.
Pope Adrian IV. had written a letter to the Emperor
Frederick I.b, wherein he reproves the Emperor of "inso-
lency and arrogancy, for setting in his letters his own name
before the Pope's," telling him "that he conferred the Im
perial dignities unto him : Cor once beneficium tibi contu-
limus, ' we have given unto you the benefit of the Imperial
Crown.'"6 Here was a fit occasion for the Emperor to
have acknowledged the Pope's right, if he had known it.
But see how the Emperor answered the Pope : " Ad Mam
vocem nefandam, at the hearing of that speech, detestable
and void of all truth (that the empire is conferred by the
Pope), not only our Imperial Majesty conceived just indig
nation, but all the Princes who were present were so filled
with wrath and anger, that they had condemned to death
those two wicked Priests who brought that message, unless
we had stayed them."4 Again, " seeing by the election of
the Princes, a solo deo regnum et Imperium nostrum sit,
' our kingdom and empire is from God only,' whosoever
shall say that we receive the Imperial Crown pro beneficio d
domino Papa, ' as a gift from the Pope,' is guilty of a lie
and of gainsaying the Divine institution and doctrine of St.
Peter." Again, " Seeing Christ, both for himself and Peter,
paid tribute to Caesar, he giveth you an example that you
also should do so." Had Silvester any regality in the time
of Constantine ? By Constantine's concession, liberty was
given to the Church, et quicquid regalis Papatus vester
habere dignoscitur, largitione principum obtinet, ' and what
soever regality the Papacy hath, it obtained it by the bounty
of Princes.' " 6 This was the Emperor's, and most true
judgment of the Pope's sovereignty.
a Litpr. lib. vi. cap. 6, 7. et seq. d Epist. Frider. extat apud Radev.
. b Epist. Hadr. extat apud Radev. lib. i. cap. 10. et Naucl. ann. citato.
lib. i. cap. 9. et apud Nauc. ann. 1155. " Apud. Naucl. loc. cit.
c Radev. loc. cit. et cap. 15.

108 OF THE POPE'S [CRAKANTHORPE.
Frederick II., though he was often excommunicated and
deposed by the Pope, " not only contemned all the Pope's
censures and sentence, quam injustam etfrivolam esse dice'
bat, 'which he called unjust and frivolous,' but held his
empire with great honour, the Princes, nobles, and Imperial
cities adhering to him, usque ad mortem, * even to his dying
day,' so that neither the Pope nor any other could prevail
against him ; yea, he so vexed and punished the Pope, ut
vitce tcederet, ' that he was weary of his life,' and wished he
had never deposed him."a The same Emperor said, "that
it was a ridiculous thing to subject the Emperor, of whom to
take punishment belongs to God, and not to man, cum tern-
poralem hominem superiorem non habeat, ' seeing the Em
peror hath no mortal man above him.' "b
When there was great contention about the right and
dignities of the empire, in the time of Lewis of Bavaria,
omni ambiguitate mature, solerterque discussa, " all doubts
being maturely and exactly discussed by the holy Bishops,"
the Emperor made and promulgated this law, which, being
set down by Alberic. de Rosate6 and Hier. Balbus4, is
most worthy to be written in golden letters, as expressing
the true dignity and authority of Imperial Majesty, some
parcels of which I will here recite. He decrees, " That the
Emperor is truly made by the election only of those who
have right to elect without either confirmation or approbation
of any other, quoniam in terris quoad temporalia non habet
superiorem, ' because the Emperor hath none upon earth his
superior.' ' Again, " Their doctrines are pestiferous and
seditious, and their assertions detestable, who say that Im
perial dignity and power is from the Pope, and that the party
elected is not truly Emperor nor King unless he be confirmed,
approved, and crowned by the Pope. We, by the consent
of the electors and other Princes of the empire, do declare,
quod imperialis dignitas et potestas est immediate d solo Deo,
' that Imperial dignity and power is immediately from God
alone,' and that upon the consent in election, he is forthwith
truly Emperor, aud hath plenary Imperial power ; nor doth
a Trit. in Cliro. Hirsang. ann. 1244. c Alber. 1. Bene a Zeone. tit. de Qua-
b Epist. Frid. apud Pet. de vinci. drien. prassc.
Epist. 3. lib. i. d Hier. Balb. lib. de Coronat. p. 65.

CRAKANTHORPE.] TEMPORAL MONARCHY. 109
he need either approbation, confirmation, or consent of the
Pope or any other, and this we decree by a law for ever to
be observed ; and whosoever shall presume either to speak,
or to consent to those who speak against those things thus
declared, decreed, and defined by us, we decree them to be
ipso jure et facto, ' both by law and actually' deprived of all
lands, jurisdictions, privileges, and immunities which they
hold of the empire ; and further to have incurred, and to be
subject to all the punishments, which are due unto traitors."
Hereunto may be joined that of Guntharus, the next
elected Emperor3 to this Lewis, who renewed and ratified
this Edict of Lewis, decreeing, by the like consent of the
Imperial states, that the Pope secundum omnia jura divina
ac humana subesse debet imperio, " ought to be subject to the
Emperors according to the laws both of God and man," and
that the Emperor nee illi nee ulli personce in temporalibus
subjectus est, " is subject neither to the Pope nor to any other
person in temporal matters."15 He decreed also, " that
whosoever would presume either to speak or do aught, or to
consent to any who did speak or do against this their decree,
such should be accounted rebels to the Emperor and the
empire, and be deprived ipso jure et facto of all benefit and
dignity which they hold of the empire, and should also be
subjeet to all the punishments due unto traitors."
Many like examples and decrees of other most worthy and
renowned Emperors might be added \ but these few which I
have mentioned are so pregnant, that I will now end this
whole treatise with these so ample and evident demonstrations
both of the Pope's subjection to Emperors, and of the Em
perors' sovereignty above the Pope, by either of which their
Babylonish monarchy doth of itself fall to the ground.
a Cuspin. in Carolo 4. periales Constitutiones, torn. iii. p.
b Gunthari decretum extat inter Im- 414.

110 CONVOCATION BOOK. [BP. OVERALL.
III.
BISHOP OVERALL'S CONVOCATION BOOK*
[bishop overall.]

CHAPTER II.

As it was said long since, " Religion brought forth riches,
and the daughter devoured the mother:" so it may very
truly be said in these days, " The Empire begat the Papacy,
and the Son hath devoured his Father." For (as we sup
pose, by the effects) no sooner did the Bishops of Rome, even
in the first times of persecution, get any rest and courage,
but they began to think with themselves, that they were as
able to govern all the Churches in the Empire, as the
Emperors themselves were to govern all the kingdoms and
nations then subject unto them : and that Rome was as fit
a seat for such a Bishop, as it was for so great an Emperor.
Some seeds of this ambition began to sprout there, when
Victor presumed to threaten the Greek Churches concerning
the Feast of Easter3 : although Irenseus, then living, did
greatly dislike it ; and the bishops of Asia, little regarding
him in that behalf, said, they nothing cared for such his
threats. And it was not, we suppose, an idle conceit of
one, who writing an abstract of the Bishops of Rome, and
comparing those that were before Victor with those that
followed, saith thus, In his Papis abundat Spiritus ; in
posterioribus malesuada Caro : " the Spirit abounded in the
former Popes ; but in those that succeeded him, the seducing
flesh." b * [Convocation Book, lib. id. cap. 2.]
a Euseb. lib. v. cap. 24. Id. ibid. b Geo. Vicelius. Epit. Rom. Pontif.
cap. 23.

BP. OVERALL.] CONVOCATION BOOK. Ill
Some more light whereof, as also of the said undermining
ambition, brake out (little above fifty years after Victor) in
Cornelius, the twenty-second Bishop of Rome. Who not
withstanding the great trouble he had at home with his
fellow Counter-Pope Novatianus, could find such leisure
(under pretence of importunity and threatenings) as to
entertain a complaint against St. Cyprian, which was pre
ferred unto him by one Felicissimus, a Priest, sent to Rome
from Fortunatus, an usurping and schismatical Bishop ;
whom together with Felicissimus, St. Cyprian, with other
African Bishops, had lawfully excommunicated, for sundry
their lewd and ungodly actions. With which injurious
course St. Cyprian being made acquainted, and somewhat
moved, he wrote to Cornelius an Epistle, wherein he justifieth
his proceedings, and disliketh those of his adversaries. First,
because there was a decree amongst them, and that also
equal and just, " that every man's cause should be there
heard where the fault was committed." Secondly, for that
a portion of the flock was committed to several Bishops,
which every one of them was to rule and govern, being to
yield an account of his actions to God. Whereupon he
inferreth thus ; saying, " it doth not become those, over
whom we bear rule, to run gadding about, nor by their
crafty and deceitful rashness to break the united concord of
Bishops ; but there to plead their cause, where they may have
both accusers and witness of their crime : unless, saith he,
the authority of the Bishops of Africa doth seem unto a few
desperate and outcast persons to be less than the authority
of other Bishops."
It appeareth furthermore, that for the better government
of the Churches in those times of persecution, it was thought
fit that there should be four Patriarchs, who were to take
upon them the inspection and especial charge of all the
Bishops, Priests, and Churches, that were severally assigned
unto them.a In which distribution the Bishops of Rome got
the first place ; it being then thought convenient to seat their
chief Bishops in the principal cities of the Romans, and to
grant unto them authority in causes Ecclesiastical, much
a Wolfgang. Lazius, Comment. Reip. Rom. lib. ii. ; Baron, torn. i. ann. 39.

112 CONVOCATION BOOK. [BP. OVERALL.
resembling the prerogatives which those cities had in causes
Temporal. Of all the Eastern Lieutenantships, that of
Syria was the chief; and therefore Antioch, being the
principal city of that province, was made also the seat of one
of the said Patriarchs. Afterwards likewise Alexandria,
exceeding much in honour the city of Antioch, another
Patriarch was there placed ; who, according to the dignity
of that city, had the precedency of the Patriarch of Antioch.
Whereby we judge that the Patriarch, or Bishop of Rome,
had the first place amongst the rest of the Patriarchs ; be
cause Rome was then the chiefest City in the World, and
the Seat of the Empire. Which point is yet more manifest,
by these words of the Council of Chalcedon : " Sedi Veteris
Romce Patres merito dederunt Primatum, quod ilia Civitas
aliis imperaret. Howbeit (this Primacy or Precedency
notwithstanding) the Bishop of that See, before the Council
of Nice, confirmed by Constantine the Emperor, was little
more respected than any other of the Patriarchs : as a prin
cipal person (afterward of that rank) testifieth, saying,
ante Concilium Nicenum ad Romanam Ecclesiam parvus
habebatur respectus* : " before the Council of Nice there was
little respect born to the Church of Rome : " although, we
doubt not by the premises, but that the Bishops thereof
endeavoured what they could to equal the Primacy of that
Patriarchship to the honour and dignity of that Imperial
City ; as by their subsequent practices it will more plainly
appear. Placet eis.
John Overall.

CHAPTER III.
Constantine the Emperor having received the Gospel, did
in his zeal greatly advance the dignity of the Bishops of
Rome, by endowing of that Bishopric with great honour and
temporal possessions. Besides (whether it grew from the
cunning of those Bishops and their especial instruments, or
through the zeal of the people, or by both those means) it is
a JEneas Sylv. Ep. 288.

BP. OVERALL.] CONVOCATION BOOK. 113
apparent that within some forty-seven years after Constan-
tine's death, that bishopric was grown to so great wealth, as
when it was void, many troubles, garboils, and contentions
arose for the obtaining of it.a After the death of Liberius,
the second Bishop after Constantine, such were the tumults
in Rome betwixt Damasus and Ursinus in striving for that
place, as there were found in the Church of Sicininus, slain
on both sides in one day one hundred and thirty-seven
persons, and great labour was taken before the people could
be appeased. " Whereat," saith the writer of that history,
" I do not marvel, and that men should be desirous of that
preferment : considering that when they have got it, they
may ever afterward be secure ; they are so enriched with the
oblations of matrons ; they ride abroad in their coaches so
curiously attired, and in their diet are so delicate and pro
fuse, Ut eorum Convivia Regales superent Mensas, 'as
their feasts exceed the fare of Kings.' " b Insomuch as a
desperate heathen man was accustomed, in scorn to Damasus,
after he had gotten the victory against his adversary, to cast
out these words, facite me Romance urbis Episcopum, et
eroprotinus Christianus, " make me Bishop of Rome, and I
will presently become a Christian." Which alluring plenty
and delicacy being added to the primacy of that place, and to
the aspiring humours of those Bishops, their ambition began
to show itself daily more and more. Insomuch as they
hardly endured that any of the other Patriarchs should have
any extraordinary reputation, being ever most jealous of their
own. The Fathers of the Greek Church met together in
the General Council at Constantinople about forty years after
the death of Constantine, finding themselves grieved (of
likelihood) with the proceedings of the Bishops of Rome,
and that the Bishops of Constantinople were not so much
regarded in Rome as they ought to have been (Constan
tinople being then the chief seat of the empire), did define
with one consent, " that as causes did arise in any province,
the same should be determined in the Council of the same
Province." c And furthermore they made this Canon :
a Ammian. Marcellinus, lib. xxvii. " Tripart. Hist. lib. ix. cap. 13. Cone,
Alphons. Ciaccon. in Vit. Damns. Constant. 1. Can. 1.
" Hieron. ad Pammach.
VOL. III. I

114 CONVOCATION BOOK. [BP. OVERALL.
Constantinopolitance civitatis Episcopum habere oportet
Primatus honorem post Romanum Pontificem ; propterea
quod sit Nova Roma. With these proceedings the Bishops
of Rome were afterwards (as one noteth3) much discontented ;
as fearing, we suppose, lest by these beginnings New Rome
might in time more prejudice Old Rome, than they could
well brook or endure. But that all causes should be tried
in the Provinces, where they did arise, it was no marvel,
though they disliked it. Therefore to meet with that incon
venience (as they might) after some distance of time, one
Apiarius being excommunicated in Africa, and thereupon
appealing to Rome, Zosimus the Bishop there did very
readily embrace his cause, and without hearing of the other
side, pronounced him innocent, and so absolved him. Which
fact of his was afterward approved by Boniface I. and Celes-
tinus I. ; pretending, as it seemeth, that as in all Civil causes
for these western parts, there lay appeals to the city of
Rome ; so in all Ecclesiastical causes, when men received
(as they thought) injury under any of the Patriarchs or other
Bishops, they might, if they would, appeal to the Bishop of
that See. And to justify that their ambitious challenge,
they forged a Canon of the Council of Nice, as it was directly
proved in the African Council, holden at Hippo, about the
year 423.b Whereupon the Bishops of the said. Council (in
which number St. Augustin was one) perceiving what the
Bishops of Rome meant by that sleight, viz. that if once they
might obtain a power to receive appeals from all the Churches
within the Empire, they would shortly after grow to chal
lenge some universal authority over all the said Churches,
did, to prevent the same, make two decrees : " that if any
Clergymen would appeal from their Bishops, they should
not appeal but to the African Councils, or to the Primates
of their Province : adding this penalty, that if any did appeal
to the transmarine parts, a nullo intra Africam in Com,
munionem suscipiatur." c And their second Decree is thus
set down by Gratian4, " Primce sedis Episcopus non appel-
letur Princeps Sacerdotum, vel summus Sacerdos, aut
a Annot. in cap 5. Concil. C. P. edit. » Concil. Afric. per Surium, cap. 101.
Venetns, 1585. Surius in Concil. Chal- <= Conc AfHe Can go
ced. Can. 28. a Distinct. 99. prime.""

BP. OVERALL.] CONVOCATION BOOK. 115
aliquid hujusmodi ; sed tantum primce sedis Episcopus :
Universalis aut em, nee etiam Romanus Pontifex appelletur.*
It is strange to consider, how the Bishops of Rome were
vexed with this Council ; and how from time to time they
sought to discredit it : as also what shifts and devices their
late Proctors have found out to the same purpose ; but all in
vain : for the truth of that whole action is so manifest, as
it cannot be suppressed by any such shifts or practices
whatsoever. Placet eis.
John Overall.

CHAPTER IV.
Although the said council of Africa troubled the Bishops
of Rome, as is above mentioned, yet, shortly after, some
other new occasions happened which stung them more
sharply; for, about the year 451, when the city of Constan
tinople was grown to be in very great honour, it seemed
good to the Fathers of the Greek Church, and others as
sembled in the General Council holden at Chalcedon, to make
this Canon following : " The ancient Fathers did justly grant
privileges to the throne of Old Rome, because that city bare
then the chief sway ; and, with the same reason, one hundred
and fifty godly Bishops, being moved, did grant equal privi
leges to the throne of New Rome, rightly judging that the
city of Constantinople, which was then honoured with the
Empire and Senate, should enjoy equal privileges with Old
Rome ; and that, in matters Ecclesiastical, she ought to be
extolled and magnified as well as Rome, being the next
after her."b Against this Canon Pope Leo stormed exceed
ingly; and the whole Council itself, in respect of the said
Canon, is of later years sought to be discredited.6
But the great and main quarrel betwixt New Rome and
Old Rome began about the year 586, when John, the Pa
triarch of Constantinople, not contenting himself to have
a Prarfat. in Con. Afric. vel Carthag. b Concil. Chalced. per Surium, Can.
6. in Con. editis Venetiis. 1 585. Sander. 28.
de Visib. Monarch, lib. vii. Turrian. c Surius in Can. 28. Concil. Chalced.
lib. iii. pro Epistolis Pontif. I 2

lib' CONVOCATION BOOK. [BP. OVERALL.
equal privileges with the Bishops of Rome, would needs be
accounted the Universal Bishop ; which challenge did the
rather move the Bishops of Rome, because they found that
Mauricius, the Emperor, inclined greatly to his desire,
Whereupon Pelagius II., and, after him, Gregory I., as
fearing the issue that might ensue of that contention, to the
great prejudice of the Church of Rome, they blew succes
sively both of them a hasty retreat, and pretended very
earnestly, that it was utterly unlawful for any Bishop to seek
so great an authority over all other Bishops and Churches.
And first, Pelagius, opposing himself against the said John,
Patriarch of Constantinople, wrote thus to certain Bishops :
" Let none of the Patriarchs ever use this so profane a
word; for, if the chief Patriarch be called Universal, the
name of the other Patriarchs is derogated from them; but
far be it from the mind of every faithful man so much as to
have a will to challenge that to himself, whereby he may
seem, in any respect, how little soever, to diminish the honour
of the rest of his brethren." a But Gregory in this point
exceedeth. He telleth Mauricius the Emperor, and others,
in sundry of his Epistles, " That it is against the statutes of
the Gospel for any man to take upon him to be called Uni
versal Bishop ; that no Bishop of Rome did ever admit of
that name of singularity and profane title b; that John's
endeavour therein was an argument that the times of
Antichrist drew near6 ; that the King of Pride was at hand,
and that an army of Priests was prepared for him;"4 and
thus he coneludeth : " I confidently affirm, that whosoever
calleth himself Universal Bishop, or desireth so to be called,
he doth in his pride make way for Antichrist."6 After
Gregory succeeded Sabinianus, who had so hard a conceit
of Gregory, his predecessor, that he was purposed to have
burnt his books; rather, as we suppose, because he had
written so much against the title of Universal Bishop, than
for either of the conjectures which Platina mentioneth/ But
the issue of the said contention was this: Mauricius, the
» 1 Epist Pelag. II. torn. ii. Concil. d Ibid. Ep 38
b Greg. lib. iv. Epist. 32. Ibid. Ep. e Id. lib. vi. Ep. 3a a(J Mauricium.
c t?"-j w „„ ' Plat- in Vit- Sab»'- I-
c Ibid. Ep. 34.

BP. OVERALL.] CONVOCATION BOOK. 117
Emperor, being slain by Phocas, his servant, and Phocas
himself having gotten the Empire, Boniface III. prevailed
so far with him, after much and great opposition, as the
Emperor gave order, that the Church of Rome should be
called and accounted Caput omnium Ecclesiarum.'1 Which
another man of great account amongst them in these days,
reporteth after this sort : " The contention betwixt the Pa
triarch of Constantinople and the Bishop of Rome for the
Primacy was again determined by Phocas the Emperor,
pronouncing out of the old Councils and Fathers that the
Church of Rome should be the head of all Churches." b For
his "again," he might well have left it out, as also his
phrases of Councils and Fathers ; and therefore we prefer,
in this point, Platina6 before him, who, making neither
mention of Councils nor Fathers, dealeth more truly, and
saith, that the Church of Constantinople sibi vendicare cona-
batur that place which Boniface obtained from the Emperor
Phocas ; and that the same was obtained upon these grounds,
viz., " That whereas the Bishop of Constantinople insisted,
eo loci primam sedem esse debere, ubi Imperii Caput esset,
it is answered by the Bishop of Rome and his agents, that
Constantinople was but a colony, deduced out of the city of
Rome, and therefore that the city of Rome- ought still to
be accounted Caput Imperii : that the Grecians themselves,
in their letters, termed their Prince the Emperor of the
Romans ; and that the citizens of Constantinople were called,
not Grecians, but Romans." Indeed, Platina further saith
(being peradventure of our mind) that he will omit, how the
Keys of the Kingdom of Heaven were given to St. Peter,
and so to the Roman Bishops, his successors, and not to the
Bishops of Constantinople : and we likewise, following his
example, as a thing impertinent to our purpose, will here
omit the same. Only we do observe, that the contention
betwixt the Bishop of Rome and the Bishop of Constan
tinople was de Primatu ; and that the Bishop of Rome ob
tained that place by Phocas's means, which the Bishop of
Constantinople did challenge to himself. Whereupon we
offer to men's considerations these two arguments. Who-
a Plat, de Bonifac. III. c Plat, in Bonifae. III.
" Genebr. Chronol. de Bonifac. III. ; 3

118 CONVOCATION BOOK. [BP. OVERALL.
soever taketh upon him that Primacy, or place in the Church,
which John, Bishop of Constantinople, did challenge to
himself, is the forerunner of Antichrist : but the Bishops of
Rome do take upon them that Primacy and place : Ergo.
Again, those Priests, which do adhere unto him, that taketh
upon him that place and Primacy, which John, the Bishop of
Constantinople did challenge to himself, are a host pre
pared for the King of Pride : but all the Priests, that do
adhere to the Bishop of Rome, do adhere unto him, that
taketh upon him that Primacy and place, which John, the
Bishop of Constantinople, did challenge to himself: Ergo.
But our purpose is not to dispute : only this we add, that
till this time, that the Bishop of Rome had prevailed so far
with Phocas, as is aforementioned, his predecessors, not
withstanding their great authority, after Constantine's reign
and favour with the Emperors succeeding, they behaved
themselves dutifully toward them, and acknowledged them
to be their Lords and Masters. a But afterward, in short
time, they left those phrases, and began to call the Em
perors their sons. To which alteration, a very worthy man
taking exception, he is answered by another of many good
parts (it must be confessed) after this sort : St. Gregory
might call Mauricius his Lord, either of courtesy, or of
custom ; and yet our Holy Father, Pius IV. shall not be
bound to do the like ; in consideration, that the custom
hath long since been discontinued. Placet eis.
John Overall.

CHAPTER V.
Although when the Bishops of Rome, after much oppo
sition, had obtained their desires for their Primacy before-
mentioned, they might well enough (as we suppose) have
been contented : yet, forasmuch as still they remained in
greater subjection to the Emperors than they thought was
agreeable with their greatness, their aspiring mind rested
a Innocent. III. Episc. Atinacensi in Defence of his Apol. Part 4. Dr. Hard-
lib, v. Decret. Constitut. Bishop Jewell's ing, ibid.

BP. OVERALL.] CONVOCATION BOOK. 119
not there ; but began shortly after to cast about how they
might in their places be independent and absolute. For the
compassing whereof they took hold of every occasion that
might serve, or be wrested, and drawn to that purpose. At
the first receiving of the Gospel men are ever, for the most
part, very zealous, and great favourers of the Ministry. In
the Apostles' times they " sold their lands and possessions,
and laid the price of them at the Apostles' feet." a St. Paul
was received by the Galatians as "an angel of God;" yea,
as "Jesus Christ:" and such was their love toward him,
that to " have done him good they would have plucked out
their eyes, and given them unto him."b When the Em
perors of Rome became Christians they did exceed in this
behalf; especially towards the Bishops of that See: be
stowing upon them very great riches and ample possessions.
Of all which zealous dispositions, benefits, and favours they
ever made, above all other Bishops, their greatest advantage,
by imploring the same to the advancement of their great
ness. Wherein they were furthermore very much helped
and furthered by the authority which the Emperors gave
unto them in temporal causes : holding them for their gravity,
learning, and discretion very meet and fit persons in their
own absence from Rome to do them that way very great
service. Besides, if we shall deal sincerely and truly (as we hold
ourselves always bound, and more strictly in a cause of this
importance), we must needs confess that it hath been the
manner of Divines, from the Apostles' times almost, to
magnify and extol the worthiness and excellency of their
own calling : which was a very commendable and necessary
course in many (the ordinary contempt of the Ministry con
sidered), and had been so in all of them, if they had not
therewith depressed too much the dignity and pre-eminence
of Kings and Princes. Comparisons in such cases were ever
worthily held to be odious. Bishops and Priests might,
without any just reprehension, have been resembled to gold,
to the sun, and to what else is excellent ; without comparing
the highest magistrates under God, in respect of themselves,
a Acts. iv. 34. b Gal, iv. 14, 15.
1 4

120 CONVOCATION BOOK. [BP. OVERALL.
to the moon, to lead, and to some other things of such like
base estimation. And we doubt not but that they would
have refrained from such comparisons, if they could have
foreseen how the Bishops of Rome would, to the disgrace
and dishonour of civil authority, have wrested and perverted
them : notwithstanding that their inferences thereupon have
ever had more show and probability than substance and
truth ; except we shall say that the callings of schoolmasters
and physicians are in dignity to be preferred before all other
temporal callings, because the end of the one is the in
structing of men's understandings, and of the other health ;
which either are or ought to be, both of them in their kinds,
of greater estimation than any other things whatsoever.
We shall not need to trouble ourselves with the citing of
any authorities to prove how eagerly the Bishops of Rome
(especially after Boniface III. had obtained of Phocas the
said supremacy) have pressed the same comparisons ; it is
so evident, both in their own writings, and likewise generally
in all their treatises, who from time to time have laboured
with all their force and might to advance, above all other
authority upon earth, the sovereignty of that See.
Placet eis.
John Overall.

CHAPTER VI.
Albeit the former occasions (as they were handled), and
particularly the device last before specified, wrought very
much in the hearts of the simpler sort, to the debasing of
the imperial and regal authority in respect of the spiritual ;
and that it was, therefore, prosecuted and amplified with all
the skill and rhetoric that could be : yet there was another
matter which troubled the Bishops of Rome exceedingly,
and never gave them rest until they had prevailed in it ; as
if without it they had gained little by their Primacy. It
seemeth that Constantine the Great, when he left Rome,
notwithstanding his especial benefits and favours to the Bishops
of that See, did in his wisdom think it fit that none should
be advanced to that Bishopric without the Emperor's con-

BP. OVERALL.] CONVOCATION BOOK. 121
sent. For the better manifestation whereof it is to be ob-
esrved, that whilst the Bishops of Rome were labouring so
earnestly for their supremacy till Phocas's time, the city of
Rome had been four times surprised by divers barbarous
nations: A.D. 413, by Alaricus, the second King of the
Goths, Innocentius I. being then Bishop; A. d. 457> by
Gensericus, the leader of the Vandals, Leo I. being then
Bishop ; a. d. 470, or thereabouts, by Odoacer, Simplicius
being then Bishop ; A. d. 493, or thereabouts, by Theo-
doricus and the East Goths, Gelasius I. being then Bishop ;
and was again by Belisarius, the Captain of Justinian the
Emperor, recovered out of their hands about the year 53J,
Sylverius being then Bishop. a By all which attempts of the
said barbarous nations, although the Empire received great
detriment ; yet the Bishops of Rome had leisure to contend
for superiority, because the said barbarous nations, being
Christians, and very superstitious, did sometimes greatly
honour them, and rather admired their pomp and state,
than sought any ways to impeach it. Which caused, as it
seemeth, that the Bishops of Rome at the last began to favour
them more than they did their Emperors. Insomuch as, A.D.
536, the said Sylverius obtained that Bishopric (as one
noteth), Theodohato Gothorum Rege jubente ; cum antea
non Regum, sed Imperatorum autoritas soleret intervenire ;
" by the commandment of Theodohatus, whereas before, in
the choice of the Bishops of Rome, the authority of the
Emperors, and not of those Kings, had been usually ob
tained."1" Whereupon, when Belisarius had recovered the
city from the Goths, and was informed by certain sworn
witnesses that the said Sylverius was plotting how he might
render it again unto the Goths, he, the said Belisarius, re
moved him from that See, and placed Vigilius in his room.6
Whereof the Emperor being advertised, did approve greatly
that which Belisarius had done4 ; and took a strict order
with Vigilius that no Bishop of Rome should thenceforward
be consecrated until the Emperor had approved of him, and
a Genebr. Chronol. ¦ Bell. Goth. lib. i. Evagr. lib. iv. cap.
b Alphons. Ciacc. de Vit. et Gest. Ro- 18.
man. in Vit. Sylverii. d Onuphr. in Vit. Pelagii II.
c Id. ibid, ex Anastas. Procop. de

122 CONVOCATION BOOK. [BP. OVERALL.
confirmed his election : so as thereby the Emperors (having
then their residence at Constantinople) might be always assured
of the qualities and dispositions of the new Bishops, whose
authority then began to be great': lest otherwise some fac
tious person or enemy of the Emperors being advanced to
that See, the city of Rome, and Italy itself, might perhaps
by his means revolt from the Eastern Empire ; as a great
friend to Rome hath very well observed : who furthermore
addeth thereunto that this custom did afterward continue
until the time of Benedict II., that is, for 150 years3 ; in
which space Gregory the Great and Boniface III. (who had
prevailed with Phocas for the supremacy of Rome), and
eighteen Bishops more, successively enjoyed that Bishopric.
It was but touched before, how, in the time of Sylverius,
the authority of the Bishops of Rome was grown great,
whilst, by the incursions of the said barbarous nations into
Italy, the power of the Emperors in this west part of the
world was greatly decayed ; and although Justinian, the
Emperor, recovered in some good sort the former estate of
the Empire in these parts, yet, not many years after, the
Lombards, setting foot into Italy, did greatly impair the
same. But the utter ruin of it did principally proceed (for
aught we find to the contrary) from the Bishops of Rome.
For when, about the year 686, the Emperor Constantine IV.,
greatly favouring Benedict II.b, gave the clergy and people
of Rome licence to choose and admit from that time forward
their Bishops, without any further expectation of the Em
peror's authority to approve and confirm the same (little
remembering the wisdom and providence of Justinian), they,
the said Bishops, grew to great presumption and boldness
against their succeeding Emperors, until, by their means,
Rome, Italy, and the western parts of the Empire were
utterly cut off from the Eastern Empire ; which Justinian and
his successors, by keeping the Bishops of Rome in some due
subjection, through their authority in their preferments to
that See, did seek to have prevented. No sooner had the
same Emperor given the Bishops of Rome this immunity
and freedom, but, to omit what dangerous quarrels arose
a Onuph. ubi supra. b Platin. in Vita Benedict. II.

BP. OVERALL.] CONVOCATION BOOK. 123
among the citizens of Rome in the choice of their Bishops,
scarce twenty years were passed before they began to insult
greatly over the Emperors. It is noted for a great com
mendation in Pope Constantine I.a because he was the first
that durst take upon him openly to resist Philippicus, the
next Emperor after the said Justinian, in os, "to his face."
But the opposition which Gregory II. made against Leo III.
(the next but one to the said Philippicus) is indeed very
memorable. He proceeded so far against him for giving
commandment throughout all his Empire, that, for the
avoiding of idolatry, images should be removed out of all
Churches1", as, by his letters sent abroad, far and near, he
procured such passing hatred against Leo, especially amongst
the Italians, as they broke out in divers places into open
rebellion6 ; wherein they went so far, that every city and town
rejected the magistrates appointed by the Emperor's authority,
and created magistrates of their own, whom they called
Dukes, entering into a course to have abrogated the Empire
of Constantinople, and to have set a new Emperor in Italy :
from which course4, although the Pope dissuaded them, as
disliking, we suppose, to have an Emperor so near him, yet
he took such order, as both Rome and the rest of the
Italians withdrew, from that time forward, their customs
and tributes, which had beforetimesbeen paid to the Emperor6 ;
and their rebellion so increased every day against him, that
the Romans forsook him, and submitted themselves, by an
oath, to the said Gregory II., to be ordered and governed by
him in all things f ; whereby Rome and the Dukedom thereof
was violently taken from the Emperor of Constantinople,
and bestowed upon the Bishop of Rome : in respect of which
most irreligious and unbishop-like proceedings, the patrons
of that See do greatly commend him. One of them saith,
" That the Bishops of Rome are either beholding to him, or
to none, for their principality ; for (as he in the same place
further affirmeth) he made his successors great Princes : the
beginning whereof was hard, the progress more easy, and
the event prosperous and happy : tantce molis erat Romanam
a Onuphr. in Vita Constantin. I. d Papir. Masson. lib. iii. in Vit.
b Sabellicus Ennead. 8. lib. vii. Greg. II.
0 Blondus, Decad. 1. lib. x. * Blondus, ibid.
f Alphons. Ciaccon. inVit.Gregor. II.

124 CONVOCATION BOOK. [BP. OVERALL.
condere gentem, ' it was a matter of so great difficulty to
erect the Papacy.'"" Indeed, it is behoveful for them to
measure the Pope's dealings by their success and events ;
for otherwise, they were in themselves very abominable :
every Pope growing still one more insolent than another, as
appeared by the practices of Gregory III. persisting in his
predecessor's steps, against the said Emperor ; and of
Stephen II., against Constantine the son of Leo.
Now whilst these famous Popes were playing their parts on
the one side (as we have shown) against the Emperor, to
withdraw the hearts of the Italians from him, the Saracens
were as busy against him on the other side. Which might
have moved their Holinesses (if they had had the fear of
God before their eyes) rather to have procured some assist
ance from the Italians to the Emperor, in a case of that
nature, than to have drawn his own subjects from him. But
their course was bent another way. For the Lombards be
ginning to trouble Rome, and they being ashamed to crave
aid from the said Emperor, whom they had so abused, they
left their own sovereigns, under pretence that in regard of
their wars with the Saracens, they were not able to assist
them ; and procured assistance from France : first, by Caro-
lus Martellus, and then by Pepin, his son : the said Stephen
II.b, having bound the said Pepin (as it seemeth) by an oath,
that if he overcame the Lombards, all that appertained to
the Exarchate of Ravenna, which had lately been the Em
peror's, might be annexed to the Bishopric of Rome ; which
was afterwards by him performed accordingly.6
Suitable hereunto were the proceedings of Pope Adrian I.4,
who, being again troubled with the Lombards, obtained help
from Carolus Magnus ; by whose coming into Italy the Lom
bards were shortly subdued, and the Pope's estate greatly ad
vanced ; but the Emperor's was in effect utterly overthrown,
concerning his interest and authority, which he had before in
those parts. For the said Carolus, having vanquished the
Lombards6, and none else there being able to resist him, he
caused the said Pope to anoint his son Pepin King of Italy,
a Papir. Ma^son. in Vit. Gregor. II. d Marianus Scotus. Hermanus Con-
b Platin. in Vit. Steph. II. tractus. Plat, in Adrian. I.
c Alphons.Ciaccon.inVit.Steph.III. c Sigibert. ann. 781.

BP. OVERALL.] CONVOCATION BOOK. 125
and so returned into France.3 But above four years after,
Leo III. being Pope, and afterwards fallen into so great
hatred amongst the Romans as he hardly escaped them with
his life b, he, the said Leo, used such means, as that he
brought the said Charles again to Rome6; before whom Leo
purged himself by his oath from those accusations, where
with the Romans charged him.4 In requital whereof, and the
rather, because at that time Irene the Empress, and wife of
Leo IV., reigned at Constantinople, after her husband's death
(which the Romans disliked), the said Charles was in Rome
created Emperor over the western parts, which belonged
before to the ancient Empire. Touching which point an
ancient historiographer writeth in this sort : " The Romans,
who were in heart long before fallen from the Emperor of
Constantinople, taking this occasion and opportunity, that a
woman had gotten the dominion over them, did with one
general consent proclaim King Charles for their Emperor,
and crowning him by the hands of Leo III., saluted him as
Caesar and Emperor of Rome."6 And this was the fruit of the
exemption which was granted to the Bishops of Rome, by
the Emperor Constantine IV., for their preferment to that
See, without the Emperor's approbation ; Rome and Italy
are cut off from the ancient Empire, a new Empire is erected
by the practices and treacheries principally of the Bishops
of Rome, it being in a sort necessary that so notable a trea
son against the said ancient Empire should be especially
effected by such notorious instruments. Placet eis.
John Overall.

CHAPTER VII.
Charles the Great having possessed himself Jure Belli
of the greatest part of Italy, and made his son King thereof,
although he bestowed much upon the Church of Rome, and
used Pope Urban very honourably ; yet, he being a wise
a Otho Frising. lib. v. cap. 28. d Platin. in Leon. III.
b Sigibert. ann. 800. ° Sigibert. ann. 801.
c Otho Frising. lib. v. cap. 30.

126 CONVOCATION BOOK. IBP. OVERALL.
and a very provident prince, could not be ignorant how in
solently the Bishops of Rome had behaved themselves toward
their former Emperors ; and how traitorously they had long
sought to make them odious in Italy, after they had gotten
themselves to be released from the Emperor's authority in
their advancement to that See. That he might therefore
prevent the like dangers for the time to come, and secure
both himself and his posterity in that behalf ; he so used the
matter with the said Urban, as he brought the Popes to their
former subjection. The relation whereof is thus recorded
by a principal upholder of that See : " Carolus being re
turned to Rome,"3 saith he, "appointed a Synod there with
Pope Adrian in the Patriarchal Palace of Lateran : which
Synod was celebrated by one hundred and fifty-three religious
Bishops and Abbots ; at what time Adrian the Pope, with
the whole Synod, delivered or yielded to Charles's interest
and power of choosing the Bishop of Rome, and of ordering
the Apostolical See. Moreover, he, the said Adrian, defined,
that all the Archbishops and Bishops through all particular
provinces should receive from the said Charles their inves
titure ; and that none should be consecrated by any, except
he were first commended, and invested Bishop by the King,
under pain of excommunication."
Howbeit, when Charles being dead, his son Ludovicusb
was (as it seemeth) so wrought upon through the softness
of his nature, as he was contented, that the Romans, accord
ing to their own judgment, should create and consecrate
their new Bishop, so it were done without tumult or bribery0;
always provided, that their new Bishop should advertise him
by his Legates, as touching his consecration, and conclude a
peace with him ; or, as another saith, that Legates should
be directed unto the Emperor, and to his successors Kings
of France, to make a league of friendship, love, and peace
betwixt them, and the Bishops of that See.4 With this order,
though it tended much to the prejudice of the Empire, the
Bishops of Rome were not long satisfied, as brooking no
show of any superiority over them, but were still shifting,
as they might, to cast off likewise that yoke : which Otho I.
a Distinct. 63. Adrianus. c Alphons. Ciaccon. in Vit. Paschal. I.
b Platin. in Vit. Paschal. I. d Distinct. 63. Ego Ludovicus.

BP. OVERALL.] CONVOCATION BOOK. 127
well perceiving, when he came to the Empire, sought to re
form (as knowing how dangerous their ambitious humours
were to his estate), by causing Leo VIII.a, with all the Clergy
and people of Rome, to decree in a Synod about the year
964, " That he (the Emperor) and his successors should
have the power of ordaining the Bishops of Rome ; that if
any should attempt any thing against this rule, he should be
subject to excommunication ; and that if he repented not, then
he should be punished with irrevocable banishment, or be put
to death." Afterwards, also, about the year 1046 b, Henry
III., finding those Bishops still to persist in their said aspiring
course of exempting themselves from the Emperor's autho
rity, and that thereby there grew divers schisms and quarrels
in their elections6, he held a Council at Sutrium, not far from
Rome, wherein it was determined, that the Romans should
no more intermeddle with the choice of their Bishops ; but
that the same should always be referred to the Emperor.
At what time also the Emperor made the Romans to swear,
that from thenceforward they would neither choose nor con
secrate any Pope, but such a one as he should tender unto
them. By these and such like other means, from the time of
Charles the Great hitherto, for about the space of 236 years,
the Emperors kept the Bishops of Rome in some reasonable
good obedience towards them ; but not without their own
great trouble, and much kicking and repining by those
Bishops at it, as growing daily worse and worse : insomuch,
as there being sixty of them, if not more, who succeeded in
that See, within the compass of the years before-mentioned,
about fifty of them did so degenerate from the virtues of
their predecessors (as a great friend in his time to the Papacy
reporteth) that they rather deserved to be termed Apotactaci,
Apostaticive potius quam Apostolici, "unruly or runa
gates, than Apostolical Bishops."4 The last of which
number was Leo IX., who within five or six years after the
said Council of Sutrium, renounced the Emperor's favour,
whereby he was preferred to the Papacy, being persuaded
by one Hildebrand, " that it was unlawful per manum Lai-
a Distinct. 63. In Synodo. ° Genebr. Chronol.
b Sigibert. d Genebr. Chronol. Sa;culo 10.

128 CONVOCATION BOOK. [BP. OVERALL.
cam to take upon him that government, and was thereupon
again chosen and admitted Pope by the Romans, contrary to
their former oath, and to the decree of the said Council." "
This Hildebrand being a man both of a great wit and
courage, and having an eye himself unto the Papacy, made
his way in that behalf, by thrusting five or six Bishops suc
cessively into opposition against the Emperor ; of purpose,
that if it were his fortune to come to that place, he might
find the ice broken by them to his own rebellion, and most
traitorous designments. The said Leo became a warrior and
general of the field against some troublesome persons in
Italy, called Normans, by Hildebrand's means (as it seemeth),
cujus consiliis, et nutu Pontificatus munus perpetud adminis-
travit.b The like sway he also bare with Pope Nicholas II.,
who made him Archdeacon of Rome, in requital for his help
ing of him to the Popedom ; and by whose advice the said
Nicholas held a Council in the Church of Lateran, wherein
it was ordained, " That from henceforth the Bishops of
Rome should be chosen by the Cardinals, with approbation
of the Clergy and people of Rome."6 Also the said Hilde
brand opposed himself against the Emperor, and prevailed
therein for Alexander II. ; the Emperor having appointed
Honorius II. to that place 4 : which Alexander so advanced,
made a decree, " That no man should in time to come receive
any Ecclesiastical living or benefice from a layman, because
it was then called simony so to do." e And thus these Popes,
by Hildebrand's instigation, decreed and did what they list,
to the great prejudice of the Emperor, and of his authority;
the same being now, in respect of former times, almost at
the last cast. Placet eis.
John Overall.
CHAPTER VIII.
It was great policy in the Emperors (as we have shown)
to do what they could for the maintenance of their au-
a Otho Frising. lib. vi. cap. S3. Plat. d Alphons. Ciaecon. in Vit. Alex
in Leon. IX. and. II.
b Alphons. Ciaecon. in Vit. Leon. IX. a Genebr. Chronol.
c Alphons. Ciaecon. in Vit. Nicol. II.
Genebr. Chronol.

BF. OVERALL.] CONVOCATION BOOK. 129
thority in placing of the Bishops of Rome, and in bestow
ing of other Bishoprics and Abbacies within their dominions :
but such was the ignorance, hypocrisy, and superstition of
those times, so far spread by the inferior Bishops and
Priests, and so rooted every where in men's hearts by the
Bishops of that See, under colour of Religion, and of their
pretended supremacy, derived by them from. St. Peter, as
they feared not to attempt any thing against any whosoever,
so the same might tend to the advancement of their own
authority. Again, it was a great oversight in Charles the
Great, considering his wisdom, and that he well knew the
proud and aspiring minds of those Bishops, that after his
own coronation at Rome by Leo III., he did not provide for
the benefit of his successors, that none of them after that
time should ever be crowned there, or by the Bishop of that
place. For that slip and omission, being not well looked to
and reformed by any that did succeed him, became at the
last the great bane of the Empire. Besides, the state of the
Emperors shortly after the days of the said Charles, did very
greatly decay ; insomuch as within about sixty years, Ludo-
vicus II. had but the ninth part of the empire, the rest being
diversely and by sundry distractions and divisions, rent and
drawn from it.a
Which weakness of the Empire being thoroughly known
to the Bishops of Rome, and it discerned by them
to decrease more and more, they grew more insolent
than ever they were, and began to insist upon their pre
eminence and great superiority over the Emperors ; be
cause forsooth they received at their hands the Diadem
and Crown Imperial. These things will appear manifestly
by the proceedings of those succeeding Bishops, if we shall
begin with Hildebrand before mentioned ; who, after he had
procured six Bishops of Rome to be poisoned by one Brazutus
(as many thought), was, upon the death of Alexander II.
A. d. 1073, or thereabout, made Pope himself, and termed
Gregory VII., with the consent of Henry IV. then Emperor,
as some say ; without it, say others b : but whether with it or
a Otho Frising. lib. vi. cap. 1. Gote- lseus in Greg. VII. Functius in Comment.
frid. Viterbiens. Chron. part. 17. Chronolog. lib. x. Platin. in Greg. VII.
b Benno Cardin. in Vit. Hildebr. Ba- Lamb. Schafnaburg. de Reb. German.
VOL. III. K

130 CONVOCATION BOOK. [BP. OVERALL.
without it, when he had gotten that place, so long by
him expected, he ruffled and bestirred himself very notably
in it.
About that time there was a great rebellion against the
Emperor in Germany by the Saxons ; who very well know
ing the pride and violent disposition of the Pope against the
Emperor, and how apt he would be to take any occasion that
might tend to his own glory and to the honour of his place,
desired his assistance, deprived the Emperor very shame
fully ; and the rather to allure the Pope unto them, told him
by their agents, that the Empire was but beneficium urbis a ;
and thereupon moved him, that he and the people of Rome
would together with them administer the Empire, and take
order by a Decree of Council and agreement of Princes who
should be Emperor ; gratia admodum Gregorio isthcec
fuere, " these things pleased Gregory exceedingly," as a
friend to Rome affirmeth. He thought that in such a
whirling of things he was not to sit idle ; as being persuaded
that a fit time was come when he might free the Bishops of
Rome from servitude, shake off the yoke of the Emperor
(his abilities being diminished), abrogate his authority, law
fully translate the whole power to himself, and so establish
the Pontifical Principality. And nothing seemed more
glorious for him, than (fear being taken away) to stand in
dread of no mortal man, and to enjoy the liberty of the
Church as he list himself ; there being an Emperor whose
arms and force were not to be feared, as who did reign but
at the pleasure of the Bishop of Rome. Which points thus
debated with himself, and probably resolved, he joined
friendship with the said rebels and traitors, promising them
his best assistance, agreeably to their own desires ; and
thereupon being furthermore strengthened by the amity,
which he likewise had entertained with certain other rebels
in Italy, and by the purse of a great lady in that country,
one Machtilda, his concubine, as it was supposed b, he, fol
lowing the traitorous humours stirred up by himself, and
maintained a long time in sundry of his predecessors, did
prosecute the Emperor with admirable malice, pride, and
» Aventin. Annal. lib. v. b Lamb. Schafnaburg. ann. 1077.

BP. OVERALL.] CONVOCATION BOOK. 131
contempt, because he opposed himself in his own right, and
for his own defence against him. Which the Pope took in such
scorn, as he cursed him by his excommunication, released
his subjects from their oaths of allegiance, and stirred them
up by all the means he could to take arms, and to enter into
any wicked practices that might tend to the Emperor's over
throw.3 " Noluit enim, §c. For he would not endure it
(as one saith) that his consent should be required in the
election of the Bishop of Rome ; nor that the Emperor
according to his will should have the bestowing of the
Bishoprics that were included within the limits of the
Empire." b
Surely, it might have pleased him to have endured both
the one and the other, as sundry Popes, his equals, had
done before him. And howsoever this attempt of Gregory
is eagerly maintained in these days, and held to be aposto
lical, yet then it seemed very strange to many. Therefore
an ancient historiographer writeth in this sort : " Lego et
relego Romanorum Regum, et imperatorum gesta, &c. ' I
read over and over again the acts of the Roman Kings and
Emperors ' ; but can find in no place that any of them before
Henry IV. was excommunicated by the Bishop of Rome,
or deprived of his kingdom."6 And again, " The Empire
was the more vehemently moved with indignation, through
the novelty of this attempt ; because such a sentence against
the Emperor of Rome was never heard of before those
times."4 And another more ancient than the former, and
almost of five hundred years' standing, doth not only term
the said fact of the Pope " a novelty ; " but saith in effect,
that it was a "heresy."6 These are his words : "Surely
this novelty (I will not call it heresy) was never before
heard of in the world, viz. that Priests should teach the
people that they owe no subjection unto evil Kings ; and
that notwithstanding they have taken an oath of fidelity unto
them, yet they owe them no fidelity, nor are to be accounted
perjured, that violate the said oath : nay, that if any obey
their King in that case, he shall be held for an excommunicate
a Platin. in Greg. VII. Abbas Ursper- d Id. de Gestis Fred. lib. i. cap. 1.
gens. e Sigibert. ann. 1088. Vincent, in
b Genebr. Chronol. Spec. Hist. lib. xxv. cap. 84.
c Otho Frising. lib. vi. cap. 35. K 2

132 CONVOCATION BOOK. [BP. OVERALL.
person : and he that atteinpteth any thing against such a
King, shall be absolved both from the offence of injustice and
of perjury."To this heretical novelty, and most insolent attempt (which
since hath had many false colours cast over it, to cover the
lewdness and deformity of it) we might add the said Pope's
very admirable pride, in permitting the said Emperor, when
he came unto him to be absolved from the said excommuni
cation, to stand bare-footed, in the frost and snow, three
days at his gates.a But that which ensued this novelty or
heresy, this unpriestly and^ inhuman dealing with so great a
person, is most remarkable above all the rest : viz. how he
wound himself, like a cunning serpent, into the interest of
the Empire, and upon a slight occasion. The said rebels of
Germany, in their fury against the Emperor, having sug
gested unto him that the Empire was a benefit belonging to
the city of Rome, to be bestowed where she thought fitb,
although they added therewith that the same was to be done
by the Bishop and by the people of Rome, with the consent
of other princes, yet he, finding what would serve his turn,
and was most available to his own designment, did afterward,
of himself and by his own authority take upon him to
dispose of the Empire (as being void by virtue of a second
excommunication), and did accordingly send a crown of
gold to Rodolphus, Duke of Suevia (now also grown a
traitor) with this inscription :
" Petra dedit Petro ; Petrus Diadema Rodolpho : "
Christ gave St. Peter authority to make Emperors ; and I,
his successor, do thereupon send you this crown, and by my
authority from St. Peter, do give you the Empire.6
It is plain and evident, that many Emperors, in former
ages, bestowed the Papacy ; and sometimes took it from
one, and gave it to another : but that ever Pope there,
before this man, did so dispose of the Empire, we do not
find it in any approved author. Neither can we conceive, or
easily believe, that Christ ever gave St. Peter any such au-
a Abbas Uspergens. Lamb. Schafna- " Ibid. Matth. Paris in Gulielmo I.
buvg. ann. 1077. Platin. in Greg. VII. Paul Langius, ann. 1078.
6 Aventin. Aunal. lib. v.

BP. OVERALL.] CONVOCATION BOOK. 133
thority as is here dreamed of. Only we observe, by the
report of one (no Protestant), " That Gregory, to justify and
colour his said presumption, bragged above measure, that
the West Empire was his ; that he was both Bishop and
Emperor, Christ having imposed upon him those two per
sons ; that he had no equal, and much less any superior ;
that he might take all right and honour from other men, and
transfer the same unto himself : " a and do much more than
here we will mention. But touching any proof for all these
great prerogatives we find none ; except this will serve his
turn, " That St. Peter received power to biud and loose ; "
which we hold insufficient, notwithstanding that the Papists
now-a-days do allow them all, and admire him for it.
It hath been a usual custom for the Pope's friends to
extol those Bishops of Rome most who showed themselves,
whilst they lived, the greatest practitioners and traitors against
the Emperors. Agreeably whereunto one saith of him,
" That he was a man worthy of the Pontificalship, because
he depressed the insolency of politics, terrified Monarchs with
the glory of his name and zeal, and delivered the Church
from the captivity and servitude which it endured under
Princes ; and that, of all the Bishops of Rome, he was one
of chief zeal and authority, and a man vere Apostolicus,
' truly Apostolical,' and most to be praised. Proceres et
Populum sacramento prcestito sancte solvit, et ut Rodolpho
adhcereant, sanctius imperat : ' he did godly absolve the noble
men and people from their oath of allegiance to the Em
peror, and did more holily command them not to obey him.'"b
What was thought long since of these so godly and holy
practices, we have above touched : and we must also of ne
cessity confess that to be true, which this author and his
fellows do write of Gregory's greatness. For it is further
recorded of him, that he did first erect Imperium Ponti-
ficium, "the Papal Empire."6 But touching his virtues (if
an ancient Cardinal, that wrote his Life, did know him)
there is no cause why any man should be in love with them.
And as concerning this new, and before unheard of Pontifical
a Aventin. Annal. lib. v. c Aventin. Annal. lib. v Bcnno Cardi-
b Genebr. Chronol. nalis.

134 CONVOCATION BOOK. [BP. OVERALL.
Empire a (if we may believe another of their own authors) it
brought with it, into the West Empire, wars, bloodshed,
homicide, parricide, hatred, whoredom, theft, sacrilege, dis
sension, and sedition, both civil and domestic, corruption of
the Scriptures, false and sycophantical interpretations, with
many more mischiefs, there by him mentioned : and yet, saith
he, Gregory's successors did uphold it by the space of 450
years, invito mundo, invitis Imperatoribus, " in spite of the
world, and of the Emperors," and thereby drew both Heaven
and Hell into their subjection and servitude. Again, " In
former times, God, as a most indulgent Father, did often
chastise the Western Christians, by Saxons, Huns, Nor
mans, Venetians, Lombards, and Hungarians, men differing
from us in Religion : but now (as if God were become an
angry Father towards us, and we were neglected and dis
inherited by him) we have, for above 400 years, tyrannised
amongst ourselves, worse than Turks : we deceive, we cir
cumvent, we kill, we turn our weapons into our own bowels;
we are left to our own lust, we live as we list, we behave
ourselves proudly, covetously, without punishment, and we
are not ashamed to give God the lie."b Placet eis.
John Overall.

CHAPTER IX.
It were impertinent to our purpose to enter into any par
ticular relation of the great stirs and troubles which, through
the pride of the Bishops of Rome, after Gregory VII.'s time,
were moved throughout all Christendom, during the said
term above-mentioned, of 450 years ; whilst the Emperors,
with their adherents, endeavoured still to have retained
their ancient authority, both in the choice, of the said
Bishops, and of bestowing of other ecclesiastical prefer
ments in the Empire : which the Popes, with their friends,
did withstand with all their might and possible means and
practices that they could devise and put in execution by
their excommunications, and stirring up the Emperor's sub-
a Aventin. ubi supra. b Id. ubi supra.

BP. OVERALL.] CONVOCATION BOOK. 135
jects to rebel against them. In which garboils and bloody
oppositions, when the Emperors prevailed, the Popes were
deposed and others set up in their rooms : betwixt whom
(the parties displaced) to recover their dignity, and the
others, possessed of it, to retain it, no cruelty or cunning
stratagems were omitted. And, on the other side, when
the Popes got the upper hand of the Emperors (for the
most part by treason and rebellion, and always by constraint
and violent usurpation), they did not spare to use them most
dishonourably, and with all the reproach and contempt that
might be well devised. Some examples whereof may be
these. Whereas before Pope Paschal II. 's time, the former
Bishops of Rome were accustomed to add the years of the
Emperors to their Bulls, Epistles, and Libels a ; he the said
Paschal, a little after Gregory VII.'s days, altered that
course, and withdrawing the years of the Emperor Henry V.,
whom he had otherwise greatly vexed, added the number of
his own Papacy : which was a very insolent and proud
attempt, and yet ever since (for aught we remember) the
same hath still been continued by all his successors. Inno
centius II. having brought Lotharius the Emperor to some
dishonourable compacts and conditions, before he would
crown him, caused the story thereof, not without a great
blemish to the imperial Majesty, to be painted on the wall
of his palace, with these two reproachful verses under
itb : — " Rex venit ante fores, jurans prius urbis honores :
Post homo sit Papse ; sumit, quo dante, coronam."
Alexander III., when Frederick the Emperor was driven,
through rebellion of his subjects, to come unto him for his
absolution, set his foot upon his neck, and applied these
words of the Psalm unto himself : Super aspidem et ba-
siliscum ambulabis ; et conculcabis leonem et draconem.0
It is reported of Cselestinus III. that with his feet he set the
crown upon the head of Henry VL, and with one of them
" Aventin. lib. vi. c Carion. Chron. lib. iv. Alphons.
b Radevicus de Gestis Feder. lib. i. Ciaecon. in Vit. Alexand. III. Genebr.
cap. 10. Alphons. Ciaecon. in Vit. In- Chronol. Ranulphus in Polychron. lib.
nocent. II. vii.
K. 4

136 CONVOCATION BOOK. [BP. OVERALL.
struck it off again, showing thereby, that he could make and
unmake Emperors at his pleasure. But we will omit these
insolent facts, as also the great and dishonourable servitude
whereunto, by extremity, they brought the Emperors, " and
whereof the Pope's records and books do make mention, as,
of carrying up their first dish, giving of them water, bear
ing up their trains, leading their horses, holding their stirrup,
and kissing their feet ;"a and will apply ourselves to the con
sideration of their divinity, how they have dealt with the
Scriptures to uphold these presumptions, aud apostatical,
and no way apostolical, seditions, rebellions, murders, and
treasons. One of their own friends observing how, shortly
after Gregory VII.'s time, his successors, by his example,
behaved themselves in this behalf, writeth thus : " The most
holy philosophy, delivered from Heaven by the Holy Ghost,
they make apt or fit to their own conditions ; by their inter
pretations, they compel it to serve their ambition ; the deter
minations and decrees of Christ they will not keep, but make
them to serve their own humours." b We have shown
before, how by sundry Councils it was decreed, that the
Emperors should have the investing of Bishops within their
own dominions6 ; and Paschal II. himself yielded as much to
Henry V., being then present; but- after his departure from
Rome the case was altered, for then he could affirm, with
show of great devotion, that such a privilege was against the
Holy Ghost. And another Bishop (as it were, to uphold
him therein) affirmed, that it contained wickedness and
heresy ; to which purpose, we suppose, some places of the
Scriptures were notably perverted. In which course, Adrian
IV. presumed very far when he durst write thus : " Whence
hath the Emperor his Empire, but from us ? By the election
of Princes he hath the name of King ; by our consecration
he hath the name of Emperor, Augustus, and Caesar : ergo,
per nos imperat, ' therefore he reigneth by us,' and that
which he hath, he hath from us. Behold, it is in our power
to bestow the Empire on whom we list."4 And how doth he
prove all this ? By the words of the Lord to the Prophet
a Pontif. Roman. Greg. XIII. par. 1. <= Abbas Urspergens. Aventin. lib.
Ceremoniale Rom. lib. i. vi.
b Aventin. lib. vi. <i Aventin. lib. vi.

BP. OVERALL.] CONVOCATION BOOK. 137
Jeremiah : propterea constituti a Deo, Sec. " We are, to
that end," saith he, " placed by God over nations and king
doms, that we may destroy, and pull up, and build, and
plant." a Herein Innocentius III., likewise, had an especial
gift ; for, speaking of Sylvester, he saith, he was both a
Bishop and King, relying not only upon the Scriptures, where
Christ is called " King of Kings, and Lord of Lords," b but
upon another place of St. Peter, " You are a chosen genera
tion, and royal priesthood:"6 which words, he affirmeth, may
be spiritually understood of Sylvester's successors, because,
saith he, "The Lord hath chosen them to be both Priests
and Kings;"4 and to prevent an objection, lest any man
should ask, where it might be found that the Lord had so
chosen them to both those great dignities, he telleth us, that
Constantine, by a Divine Revelation, gave unto Sylvester,
with a crowm of gold, the whole kingdom of the West.
But yet he hath some better proofs to this purpose ; for
whereas Christ said unto St. Peter, Due in altum, "launch
out into the deep;"6 this deep, says Innocentius, is Romef,
which had then the primacy and principality over all the
world ; and therefore, where the Lord saith, " Launch out
into the deep," it is as though he should have said Vade
Romam, "go to Rome," the seat both of the Priesthood and
the Empire. Again, expounding these words, " Who is a
faithful servant and wise, whom his Master hath made ruler
over his house ?"e he applied them to St. Peter, and there
fore thus testifieth of himself, " Of truth, I am appointed
over this family ; but who am I, to sit higher than Kings,
and to hold the Throne of Glory? h Mihi namque dicitur in
Propheta, Sec, For to me it is said in the Prophet, ' I have
appointed thee over nations and kingdoms, that thou mayest
pluck up, and root out, and destroy, and throw down, and
build, and plant.'"1 And a little after, "You see, who is
this servant, even the Vicar of Christ, the successor of Peter,
the Christ of the Lord, the God of Pharaoh, one placed in
the midst betwixt God and man ; short of God, but beyond
a Jer. i. 10. e Luc. v. 4.
b Apoc. xix. 16. 'In Fest. S. Petri et Pauli, serm. 2.
0 1 Pet. ii. 9. s Matt. xxiv. 45.
d Innocent. III. in Festo. D. Syl- h In Consecrat. Rom. Pontif. serm. 2.
vestri Papa; Serm. 1. ' Jer. i. 10.

138 CONVOCATION BOOK. [BP. OVERALL.
man ; less than God, but greater than man." Likewise,
from St. Peter's walking on the water, he maketh this in
ference : "Forasmuch," saith he, "as many waters are
many people, and the congregations of waters are the sea,
in that St. Peter did walk upon the waters of the sea, he did
demonstrate his power over all the world."3
Further, this Innocentius having written a malapert letter
to the Emperor of Constantinople1", his Majesty, in answer of
it, putteth him in mind how St. Peter commandeth all men
to be subject to Kings ; whereunto the Pope replied, saying,
that St. Peter wrote so to his own subjects, and did not
therein include himself ; and that, moreover, he might not
only have remembered that it was not said to any King, but
to a Priest, " Behold, I have placed thee over nations and
kingdoms ; " and so followeth the words of the text ; but
likewise that " as God made two lights in the firmament of
Heaven, a greater and a less, the one for the day, the other
for the night," so for the firmament of the Universal Church
he made two dignities, the Pontifical and the Regal, the
Pontifical resembling the Sun, which is the great light, and
the Regal the Moon, which is the less light : to the end,
that thereby it might be known, that there is a great differ
ence betwixt Pontifical Bishops and Kings, as there is
betwixt the Sun and the Moon.
But here we must a little digress to observe6, that this
Pope, being swollen as big as the Sun, cast his beams, not
only into England, and scorched King John exceedingly,
about the year 1212, by thundering against him, and inter
dicting the kingdom, and by exciting his subjects to re
bellion and treason (the weapons of those Bishops), but like
wise fired Otho, the Emperor, out of the Empire, by raising
up against him Frederick II.4 And when he had played
these two feats, amongst many others, he held a Council at
Lateran6, A.D. 1215, wherein, to strengthen such traitorous
proceedings, he caused it to be ordained (as it is pretended),
" That if any temporal lord, being admonished by the
Church, should not purge his country from heresy, the
a Innocent. Patriarch. C. P. Epist. d Abbas Uspergensi. Genebr. Chro-
Decret. lib. ii. nol. Plat, in Innoc. III.
b Innocent. Imperator. C. P. = Concil. Lateran. cap. 3. Oper.
c Matt. Paris in Johan. Innoc. torn. i.

BP. OVERALL.] CONVOCATION BOOK. 139
Metropolitan and other comprovincial Bishops should ex
communicate him ; and if within a year he did not give
satisfaction in that behalf, the same should be signified to
the Bishop of Rome, that so he, from thenceforward, might
denounce his vassals absolved from their fidelity to him, and
expose his land to Catholics, to be without contradiction by
them possessed." Upon this Canon many in these days do
much rely : although, indeed, it was but a project amongst
many others to have been concluded in that assembly ;
wherein nothing could be clearly determined (saith one of
their writers), because by wars it was broken off; which
the Pope labouring to suppress, died in that journey."
And now we return from whence we digressed ; and
leaving Innocentius, do address ourselves to Boniface VIII.,
who had as great dexterity as his said predecessor in ex
pounding of the Scriptures. For whereas the Apostles,
upon a mistaking of Christ's meaning, where he bade them
to "provide bags and scrips" for themselves, "and that he
who wanted a sword should sell his coat and buy one ; "
they answered, saying, " Lord, we have two swords."
This Pope inferreth, "there is in the Church a spiritual
sword and a temporal ; " and that, consequently, they are
both at the commandment of the Bishops of Rome.b Also,
to make the matter more clear touching the temporal sword,
which should rule the world in all temporal causes, " He,"
saith Boniface, " that shall deny that St. Peter had this
temporal sword doth not well understand Christ's words,
when he bade St. Peter (after he had cut off Malchus's
ear) that he should put up his sword." Again, whereas
the Apostle doth teach us that " the spiritual man judgeth all
things, but is judged by none," 6 this good Bishop doth ingross
these words to the only use of the Popes ; and thereupon
concludeth that they have power to judge and censure all
earthly powers and authorities ; but are themselves exempted
from the checks and censures of any, as being only subject
to God and to his judgment. And again, that the spiritual
authority may institute and judge the terrestrial, it is verified
by the prophecy of Jeremiah, " Behold, I have placed thee
a Platin. in Innoc. III. ^ c 1 Cor. ii. 15.
b Extrav. de major, et Obed. Unam
sanctam. Luc. xxii. 36. 38.

140 CONVOCATION BOOK. [BP. OVERALL*.
this day over nations and kingdoms : " for the perverting of
which portion of Scripture both this Pope and Innocent III.,
with all the Popes that since have followed, were and are
much beholden to Adrian IV., he being the first, for aught
we find, that so did overstrain it.a Lastly, that he might
imitate (as he seemeth) the Governor of the Feast in the
Gospel, that "brought forth his best wine in the end of the
feast," b and likewise such skilful rhetoricians as commonly
build their principal conclusions upon their most pinching
arguments, his Holiness, relying upon the Scriptures, be
cause it is not said " in the beginnings," but " in the be
ginning God made heaven and earth : " 6 therefore, except
we will say with the Manichees that God did not himself
make all things, but that there was also another Creator as
well as he, it must needs be confessed that there is but one,
viz. St. Peter's successor, that is the chief and principal
ruler of all the world ; and so he cometh to his irrefragable
conclusion, " we declare, we define, and we pronounce that
it is of the necessity of salvation for all human creatures to
be subject to the Bishop of Rome."
We may not therefore marvel, that having thus notably
made perfect the rough platform (drawn out by Gregory VII.,
rubbed over by Adrian IV., and amended by Innocent III.)
of so infinite a sovereignty, if he, the said Boniface, to make
the honour and glory more conspicuous and memorable to
all posterity (after he had thrice refused to yield the Crown
of the Empire to Albertus Austriacus), came forth one day
amongst the people to be admired of them with a sword by
his side and a crown upon his head, saying that he, and
none but he, was Csesar, Augustus, Emperor, and Lord of
the World.4 It had been plain dealing, if for the better
strengthening of this his greatness he had alleged the
words in the Gospel for the honour of his lord paramount,
" all these will I give thee," e because he did so worthily by
his said proceedings magnify his name and authority. Placet eis.
John Overall.
a Aventin. lib. vi. ' d Joan Marius de Schism, part 2. cap.
* John ii. 1 8.
c Gen. i. I. e Matt. iv. 9.

BP. OVERALL.] CONVOCATION BOOK. 141

CHAPTER X.
We have hitherto followed the Bishops of Rome through
many windings, from their mean and militant condition,
like to their brethren, unto their glorious estate, and (as we
may say) triumphant. We found them at the first little
better than their Master, " who had not a place where to
lay his head." But now they are (as we see) become
Ca?sars, Emperors, and Lords of all the World : it was long
since said by a good friend of that See, Excellentia Ro-
mani Imperii extulit Papatum Romani Pontificis supra
alias Ecclesias, " the excellency of the Roman Empire did
lift up the Papacy above other Churches." a Which exalt
ation and advancement of those Bishops (he might well have
added) hath been (as elsewhere we have said) the very bane
and cankerworm of the Empire itself, by their sucking out
of it, for the strengthening of themselves, the juice and those
vital spirits whereby formerly the vigour and glory of it did
subsist ; and all by rebellion and treason under the pretence
of religion, and through their false glosses, applications,
and violent enforcements to a wrong sense of the Sacred
Scriptures : wherein, although they had an especial faculty,
yet they could never have so greatly prevailed as they did
against such an estate as the Empire was, nor against so
many great Kings and other Princes that were not subject
unto it, if they had not been upheld in all their said wicked
courses by sundry their flatterers and parasites, who, imi
tating their examples in perverting and wresting the Scrip
tures, did take upon them to make good and to justify
whatsoever the said Popes had either done or said, were it
never so impious, treacherous, or traitorous, as by that which
followeth it will plainly appear.
About the year 1140b, which was upon the point of fifty-
eight years after Gregory VII.'s death, Theologia Scho-
lastica, sive Disputatrix, " the Scholastical or brabling Di
vinity " (as one calleth it) began to peep into the world,
when Peter Lombard wrote his Books of Distinctions ; and
a Gabr. Biel. Expos. Can. Miss. b Genebr. Chronol.
Lect. 23. ex Eusebio.

142 CONVOCATION BOOK. [BP. OVERALL.
did not only himself thereby trouble the truth (as another
saith) with the mud of questions and streams of opinions a,
but also set many men after him on work in writing long
Commentaries upon his said Distinctions, to the hatching
of infinite oppositions and difficult perplexities. In which
number Thomas of Aquine bare the greatest sway ; who
entering into this course about forty years after Inno
cent III.'s days, and finding how Gregory VII., Paschal II.,
Innocent II., Adrian IV., Alexander III., and the said In
nocent III., with divers other Popes, had ruffled with the
Emperors, and what a hand they had gotten over the Scrip
tures, became the chiefest champion of a Schoolman that
Rome ever had. Out of these words, " of his fulness we
have all received," b he was able to collect that there is in the
Bishop of Rome the fulness of all graces.6 Again, because
Christ (whom he maketh Bishop of Rome) may be called
(as he saith) a King and a Priest ; he therefore inferreth it
not to be inconvenient that his successors should be so
styled. Also we know not how, but he hath found it out,
that when God said to Jeremiah " I have set thee over na
tions and kingdoms," he spoke so unto him in persona
Vicarii Christi, " in the person of Christ's Vicar."4 Fur
thermore, in that Aristotle saith, " that the body hath his
virtue and operation by the soul," he supposeth it must
needs follow that the jurisdiction of Princes hath her being,
virtue, and operation from St. Peter and his successors.
For further proof whereof (as fearing it would be thought
insufficient that he had said before) he buckleth himself to
certain facts of the Popes and Emperors ; saying that Con
stantine did give the Empire to Sylvester, that Pope Adrian
made Charles the Great Emperor, and that likewise Otho I.
was created Emperor by Pope Leo : but at the last he
striketh this point dead, "because," saith he, "it is mani
fest that Pope Zachary deposed the King of France, and
absolved all his barons from their oath of fidelity ; that
Innocent III. took the Empire from Otho IV. ; and that
Honorius (his next successor) dealt in like sort with
a Aventin. lib. vi. ¦= Tho. Aquin. de Regin. Princ. lib.
b John i. 16. iii. cap. 10.
d Id. ib. cap. 19.

BP. OVERALL.] CONVOCATION BOOK. 143
Frederick II : " and, as it were, to make up all, speaking of
the Emperor's crowns and the custom (as it seemeth) then
in use, he saith " that the Emperor did receive a crown of
gold from the Bishop of Rome, and that the Pope delivered
it to him with his foot, in signum subjectionis suce, etfideli-
tatis ad Romanam Ecclesiam, 'thereby to teach him his
subjection and loyalty to the Church of Rome.'"a
But hitherto we have heard this great Schoolman, by way
of discourse, wherein peradventure he is more remiss and
dissolute than when he presseth his points logically, as the
manner is in the schools : we will therefore trace him a
little in that path ; if first we shall observe, that it is his
custom, when he handleth a question that doth concern the
Church of Rome, as soon as he hath propounded it, he first
proceedeth with his videtur quod non, and bringeth some
times both Scriptures and Fathers for the negative part ;
his purpose still being to encounter them with his sed contra,
est ; but, such or such a Pope holdeth the contrary : and then
he cometh in first with his conclusion, and secondly with his
dicendum est ; wherein he so laboureth and bestirreth him
self, as that always the said Scriptures and Fathers are
wrung and forced to yield to the Pope : as, for example,
having propounded this question, " Whether for apostasy
from the faith a Prince doth lose his dominion over his
subjects; and so, consequently, if he be excommunicated"11
(there being the same reason for the one as there is for
the other, as two great Cardinals6 do affirm) he falleth upon
his videtur, saying, " it seemeth that a prince for apostasy
from the faith doth not lose his dominion over his subjects,
but that they are still bound to obey him :" for St. Ambrose
saith, that Julian the Emperor, though he were an apostate,
yet had under him Christian soldiers ; to whom when he said
" bring forth your army for defence of the commonwealth,"
they obeyed him. Therefore for the apostasy of the Prince,
their subjects are not absolved from his dominion. More
over, an apostate from the faith is an infidel : but some holy
men are found faithfully to have served infidel masters, as
Joseph did Pharaoh, Daniel Nebuchadnezzar, and Mordecai
a Thos. Aquin. de Regin. Princ. lib. b 2a. 2ae. Quaest. 12. art. 2.
iii. cap. 20. c Card. Toledo. Card. Alanus.

144 CONVOCATION BOOK. [BP. OVERALL.
Ahasuerus ; therefore for apostasy from the faith it is not to
be yielded, but that such a prince must be obeyed by his
subjects. Sed contra est, quod Gregorius Septimus dicit ;
" but Gregory VII. is of a contrary opinion," where he
saith, " We, keeping the statutes of our holy predecessors, do,
by our apostolic authority, absolve from their oath those who
are bound to excommunicate persons by fealty, or the sacra
ment of an oath ; and do by all means prohibit them, that
they keep not their fidelity unto them, until they come to
satisfaction." Whereupon Thomas concludeth, " that all
apostatce are excommunicated, sicut et hcereiici, ' as all
heretics are ;' and that therefore their subjects are delivered
from their obedience and oaths of fidelity unto such lords and
princes ;" and so addeth his dicendum est : " Where dally
ing and shifting with his Distinctions, the answer which he
maketh to the words of St. Ambrose is this : at that time
the Church being in her minority, had not the power to
bridle princes ; and that therefore she suffered the faithful
to obey Julian the Apostate in those things, quce nondum
erant contra fidem, 'which were not then against faith;'
ut majus periculum fidei vitaretur, ' that the greater
danger of faith might be eschewed.' And the second
objection he more slightly passeth over, saying, that there is
not the like reason of infidels and apostates." And thus
this great Schoolman, relying upon the authority of Gre
gory VII., had adventured to oppose himself against the
examples alleged out of the Old Testament, against the
practice of the Primitive Church, and against the judgment
of St. Ambrose, not caring how many thousands by this
rebellious doctrine might come to destruction, so as the
Bishops of Rome might have the world at their command
ment. We here omit, how as Thomas and divers others
wrote many large volumes upon Peter Lombard, the
Master of the Sentences, his Distinctions ; so afterward, and
especially of later times, books upon books have been pub
lished upon his (the said Thomas's) works ; all of them
pursuing, as they come unto it, this seditious and traitorous
doctrine so clerk-like handled by their master : only we
observe this great Schoolman's conscience, how in labouring
to shift off the truth maintained by St. Ambrose, he coulc1

BP. OVERALL.] CONVOCATION BOOK. 145
pass over a lie in Gregory VII., where he saith, " that in
absolving of subjects from their oath of obedience, and in
prohibiting them from performing their duties and fidelity
towards their sovereigns, he followed the statutes of his
holy predecessors," being himself the first that ever durst
be so desperate : as also that he confesseth, it was not in
St. Ambrose's time contra fidem for subjects to obey then-
sovereigns, though they were ether infidels or excommuni
cate ; and likewise how thankfully the Bishops of Rome
accepted and approved this man's travels, so resolutely
undertaken on their behalf. Urban IV. did so admire him,
as he reputed his doctrine veluti ccelitus delapsam, "as to
have fallen from Heaven."3 Innocent so admired both him
and his great learning, ut ei primum post Canonicam
Scripturam locum tribuere non dubitaverat ; " as he doubt-
eth not to give unto him and to his works the next place
after the Canonical Scriptures : " and John XXII. made
him a saint in the year 1329, about forty-nine years after
his death : he was born during the reign of Henry III.,
King of England, died about the second year of King
Edward I., and was canonized a saint in the time of King
Edward II. : so ancient is this chief pillar of Popery.13
Placet eis.
John Overall.

CHAPTER XI.
Justinian the Emperor, about the year 533 6, did so con
tract the Civil Law, as he brought it from almost two thou
sand books into fifty ; besides some others, which he added
of his own. Howbeit shortly after it grew out of use in
Italy, by reason of the incursions of sundry barbarous nations,
who, neglecting the imperial laws, did practise their own :
till after almost 600 years, that Lotharius Saxo, the Emperor,
about the year 1136 did revive again in that country4, and
a Aug. Hunn. Epist. ad Pium V. in c Genebr. Chronol.
Sum. Aqu. d Abbas Ursperg. Carion. Chronol.
0 Surius de Sanctorum Histor. torn. ii.
Martii 7.
VOL. III. L

146 CONVOCATION BOOK. [BP. OVERALL.
in other places also, the ancient use and authority of it.
Which course of the Emperor did not much content (as it
seemeth) the Bishops of Rome, because it revived the
memory of the ancient honour and dignity of the Empire.
Whereupon, very shortly after, Eugenius III. set Gratian
in hand to compile a body of Canon Law, by contracting
into one book the ancient Constitutions Ecclesiastical, and
Canons of Councils" ; that the state of the Papacy might not,
in that behalf, be inferior to the Empire. Which work the
said Gratian performed, and published in the days of Stephen,
King of England, about the year 1151, terming the same
Concordia discordantium Canonum, " a Concord of dis
agreeing Canons." Of whose great pains therein, so by
him taken, a learned man saith thus : Gratianus ille Jus
Pontificate dilaniavit, atque confudit, " that fellow, Gratian,
did tear in pieces the Pontifical Law, and confound it ; the
same being in our libraries sincere and perfect.'"3 But (this
testimony, or any thing else to the contrary, that might truly
be objected against that book notwithstanding) the author's
chief purpose being to magnify and extol the Court of Rome,
his said book got (we know not how) this glorious title :
Decretum aureum Divi Gratiani, " the Golden Decree of
St. Gratian ; " and he himself (as it appeareth) became,
for the time, a saint for his pains.6
Indeed he broke the ice to those that came after him, by
devising the method which since hath been pursued for the
enlarging and growth of the said body by some of the Popes
themselves. Gregory IX., about the year 1236, and in
the time of King Henry III.4, after sundry draughts made
by Innocent III. and others of a second volume of the
Canon Law6, caused the same to be perused, enlarged, and
by his authority to be published ; and being divided into
five books, it is intituled " The Decretals of Gregory IX."
Boniface VIII., the great Augustus (as before we have
shown), commanded likewise another collection to be made
of such Constitutions and Decrees as had either been omitted
by Gregory, or were made afterward by other succeeding
a Petr. Greg. Partition. Juris Canon. c Decret. Grat. impress. Paris. 1510.
lib. i. cap. 1. d petr Greg. ib.
b Aventin. lib. vi. e Genebr. Chronol.

BP. OVERALL.] CONVOCATION BOOK. 117
Bishops and Councils ; and this Collection is called Sextus
Liber Deer etalium, "The Sixth Book of the Decretals ; "
and was set out to the world in the year 1298, in the reign
of King Edward I. Clement V., in like manner, having
bestowed great travail upon a fourth work, comprehending
five books, died before he could finish ita : but his successor,
John XXII., did, in the year 1317, and in the time of
King Edward II., make perfect and publish the same work
of Clement b, and gave it the name of " The Clementines."
Afterward also came out another volume, termed " The
Extravagants ; " because it did not only comprehend certain
Decrees of the said John XXII., but likewise sundry other
Constitutions made by other Popes both before and after
him ; which flew abroad uncertainly in many men's hands,
and were therefore swept up and put together after the year
1478 into one bundle, called " Extravagant Decretals,"
which came to light, post sextum, "after the sixth."6 By
which title the compiler of this work would gladly (as it
seemeth) have had it accounted the " Seventh Book of the
Decretals : " but it never attaining that credit, the same, by
Sixtus V.'s assent, is attributed to a collection of certain
other Constitutions, made by Peter Matthew, of divers
Popes, from the time of Sixtus IV., who died in the year
1484.4 To all these books mentioned, there have been
lately added three great volumes of Decretal Epistles, from
St. Clement to Gregory VII.'s days ; also a huge heap of
the Pope's Bulls, from the said Gregory's time to Pius V. ;
and, lastly, no short sum of Papal Constitutions, set
forth a little before the said Seventh Book of the De>
cretals. So as all these volumes being put together, they
exceed as far the body of the Civil Law as the usurped
dignity of the Papacy exceedeth the mean estate of the
Empire- Placet eis.
John Overall.
a Prooem. Clementin. d Petrus Matthams in sum. Constitut.
b In fine Clem. prasfat. ad Sixtum Quintum.
c Extrav. de Pcenit. et Remiss. Etsi
Intit. Extravag.

r. 2

148 convocation book. [bp. overall.

CHAPTER XII.
We have in the former chapter made mention of the new
and later sort of Decretals, Bulls, and Constitutions, not
knowing what credit the Popes will bestow upon them
hereafter ; and, therefore, leaving them to their chance, we
have thought it expedient to return to the ancient Canon
Law, revived and approved not long since by Gregory XIII.,
where we find a new ocean of questions, disputations, quar
rels, and brabblements : for as it happened with the Civil
Law, that it no sooner was again renewed and restored by
Lotharius % but sundry great Doctors began to write many
books and commentaries upon it to explain it, and to dis
cuss the difficulties which did arise in it : so fell it out with
the Canon Law, the number being almost infinite of Glosso-
graphers that made short notes upon it, and of Canonists
who set forth large discourses for the saving of contradic
tions, and many other absurdities. Amongst all which
Lawyers, Doctors, Glossographers, and Canonists, assisted
(as every man's fancy led him) with many Schoolmen and
sundry Divines, such as they were, there did shortly after
grow many great controversies and endless oppositions. The
civilians of Italy, perceiving by the body of the Civil Law
how far the Empire was dejected from that royal estate
and majesty which once it enjoyed, and finding also that
many of the best reasons in their judgments which the
Popes, the Canon Law, the Glossographers, the Ca
nonists, the Schoolmen, and many more, had brought to
prove that the Pope ought to have jurisdiction over all the
Churches in the world (as, that bees had a captain, that
beasts a leader, that one is fit to end controversies, that a
monarchy is the best form of government, and that one must
be over all to receive appeals, to give direction unto all, to
punish all rebellious persons, and many such like), were
fully as forcible and strong to prove that there ought to be
one Emperor over all the world b ; they did very stiffly and
resolutely insist upon that point, and went so roundly to
a Genebr. Chron. sanarns in Cat. Glor. Mundi, part 5.
b Dominie. Soto de Jure et Justit. consid. 29. Navarr. in cap. Novit.
lib. iv. qua:st 4. artic. 2. Bavtb. Cas-

BP. OVERALL.] CONVOCATION BOOK. 149
work in it by force of the said reasons, and with many other
arguments, . that some of them would needs have it heresy
for any man to hold the contrary ; alleging a text for their
purpose, where it is said " that in those days there came a
commandment from Augustus Csesar that all the world
should be taxed." "
Against those Italian civilians ultramontane the civilians
on this side the Alps, Frenchmen, Spaniards, and of other
countries, opposed themselves with all their force b ; not in
any dislike of the honour due to the Emperors, but because
otherwise their masters, the Kings of France, of Spain, and
of divers other kingdoms, who had freed themselves long
before from the Empire, should be brought again de jure
at the least by the aforesaid reasons to be subject unto it :
whereupon, in confutation of them, and to strengthen their
own assertion, they alleged that one bee was never the
captain over all bees, nor one crane the general of all cranes,
nor one beast the leader of all beasts ; that it was against
the law of God, the law of nature, and the law of nations ;
that there was never any Monarch so great but there were
in the world many Kings who were never subject unto
them ; that the place of Scripture is to be understood of all
places in the world that were then under the Romans, and
ought to be extended no further ; that a monarchy is then
best when it is contained within such limits as it may well
be governed ; that all monarchies hitherto had ever their
bounds, which were well known : that it is impossible for
all men to fetch justice from one place, or to receive thence
any benefit by their appeals ; and so, after many other such
arguments, they do conclude that to think that the Emperor
ought to have the government of all the world is a vain, an
absurd, and an untrue conceit.
Now we are to consider how, in all these troubled dis
putations and oppositions, the Glossographers, Canonists,
Schoolmen, and parasitical Divines, that were sworn to the
Pope, behaved themselves. As soon as the Civil Law
began to flourish, as being read by the Emperor's com-
a Luke, ii. 1. b Barth. Cassan. ibid. Ferd. Vasqucz.
Controv. lib. i. cap. 20, 21.
L 3

150 CONVOCATION BOOK. [BP. OVERALL.
mandment in sundry Universities, Gregory IX. began to
smell what was like to come of it a, and therefore did after
ward forbid it to be read in Paris, being the especial place
then (as it seemeth) where it was most esteemed.1" But as
touching the point so controverted, when these champions of
the Popes saw how the matter went, that either they must
hold that there ought to be but one Emperor over all the
kingdoms in the world, or else be forced to confess, that there
ought not to be one Pope over all the Churches in the
world (the same reason being as pregnant for the one, as
for the other), they joined with the Italian civilians, that
there ought to be but one Emperor.6 Marry how ? For
sooth, remembering Gregory VII., Adrian IV., Innocent III.,
and that great Augustus Caesar, Boniface VIII., and divers
other Popes, how Emperor-like they had demeaned them
selves, and what great authority they challenged, the said
Pontifical champions fell to this issue, that the Pope, being
Christ's Vicar, who was " Lord of lords, and King of kings,"
it must needs follow, that the Pope was likewise that one
Emperor who was to govern all the world in Temporal
causes, as he did all the Churches in the world in Eccle
siastical causes. And thereupon they reasoned in this sort :
" Christ is Lord of all the World ; but the Pope is Christ's
Vicar on Earth ; therefore the Pope is Lord of all the World.
Again, the Emperor is the Pope's Vicar, and his successor,
in all Temporal causes : therefore the Emperor is Lord of
all the World ; all temporal jurisdiction being habitually in
the Pope ; and from him derived to the Emperor." And
many of the Italian lawyers, especially such as mixed their
studies with the Canon Law, were well enough content, that
so as the Emperor might be Lord of all, how and whence
he had it, whether from God or from the Pope, they stood
indifferent. But for all this, the French and Spanish lawyers
stuck to their tackling, and were peremptory, that neither
the Pope nor the Emperor had any such universal do
minion over all the world. And divers likewise of the said
Italian doctors, that were not too much addicted to the
Canon Law, were not afraid to hold and maintain, that the
a Carion. Chron. c perdin. Vasquez. ut supra. Barth.
b Genebr. Chronol. Cassan. ut supra.

EP. OVERALL.] CONVOCATION BOOK. 151
Emperor held as well from God the authority which he had,
as the Pope did his Papacy. Howbeit such was the clamour
of the Canonists, of the Glossographers, and of the School
men and Divines, that took their part in the Pope's behalf
(upon whom all their preferment, credit, and countenance
did depend), as they would needs, by force, carry the bell
away ; though their oppsites, each of them, were very con
fident, that the common opinion swayed with their side,
more standing for them than were against them.
We have before briefly touched the chief grounds and
reasons whereupon the Civil Lawyers (divided amongst
themselves) did insist : and therefore, that we may not seem
partial, we thought it fit to hear the Canonists with their
adherents, whilst they tell us, that all the World is the Pope's,
at his disposition ; as well the Emperor as any other the
meanest person whosoever : — " Because, 1. That Christ
had all power given him. 2. That the Pope blesseth the
Emperor.3 3. That the Bishops of Rome do anoint them.
4. That the Church Triumphant hath but one Prince. 5.
That Innocent told the King of France, that he did not in
tend to abate his jurisdiction ; whereby it is collected, that,
if he had pleased, he might have so done. 6. That in the
vacancy of the Empire the Pope hath the government of it.
7. That the Pope translated the empire from the Grecians to
the Germans. 8. That the Papacy exceedeth the Empire,
as far as gold doth lead, or as men do beasts. 9. That Pope
Nicholas saith, Christ gave to St. Peter, the Key-carrier of
eternal life, Jura terreni simul et cozlestis Imperii, ' the
authority both of the earthly, and of the heavenly Empire.'1"
10. That optimum optima decent : but the Monarchical
Government is best, and so fittest for the Pope. 11. That
no man giveth that to another which he hath not himself :
but the Pope giveth licence to choose the Emperor, and to
govern in Temporal causes. 12. That as the Body is for
the soul, so Temporal Government is for the Spiritual.
13. That reason teacheth us, when an office is committed
to any, that also is thought to be committed without the
which it cannot be executed : but except the Bishop of.
a Narvarr. Relect. c. Novit. in 3. b Stanisl. Orishovius in Chimera.
Notabil.
t 4

152 CONVOCATION BOOK. [BP. OVERALL.
Rome may rule all the World, he cannot discharge the
office that is committed unto him. And 14. lastly (to
omit such like collections), this argument is reserved after
many others, by a great Clerk, that it'might strike home, viz.
because it is defined, by Boniface VIII., that ' No Man can
be saved, except he be subject to the Bishop of Rome.'
Which argument is held so strong, as it carries with it divers
others of little less force than itself ; as that St. Peter had a
sword, because Christ bade ' him put up his sword.' 2. Ecce
duo gladii, ' Behold here are two swords : ' one sword
must be under another : the Temporal under the Spiritual.
3. It is not agreeable to the general course of things, that
they should have all equally their immediate being. 4. The
Spiritual power ought to institute the Temporal. 5. The
' Spiritual man judgeth all things:' aud therefore what
Catholic can deny, that the Bishop of Rome hath both
swords, the one actually, the other habitually, to be drawn
at his commandment."
We have not quoted the several authors that are parties
unto the particulars which we have touched in this chapter,
because twenty such margins would not contain them.
Only we refer ourselves, in that behalf, to these few which
we have noted and selected from the rest : unto which
number, if we shall add John of Paris, Bellarmine, and Co-
varruvias % they altogether will furnish a man with divers
sorts of other authors, such as they are, who have disputed
these points at large, and in that manner, as we are driven
into a great admiration, that any men of understanding
could he so sottish, either to write as they have done, or to
give any credit to such ridiculous janglings : or rather in
deed, that ever Christian Kings and Princes should have
endured such impostors so long to seduce their subjects,
and presumptuously to shake and dishonour the Royal au
thority, given them from God to have bridled such in-
solency. Placet eis.
John Overall.
a Johan. de Paris, tract, de Pot. Re- lib. v. cap. 1 Didac. Covarruv. 2. part.
gia, et Papali. Bell, de sum. Pont. Relect. § 9.

BP. OVERALL.] CONVOCATION BOOK. 153

CHAPTER XIII.
Notwithstanding that the Bishops of Rome, especially
since Gregory VII.'s time, have ruffled and tyrannized as
before we have shown ; and that still they have been sup
ported in all their wicked attempts, partly by stirring up
subjects to rebel against their sovereigns, and partly by the
Canonists, Schoolmen, Monks, Friars, Hirelings, and Flat
terers, yet their hypocrisy, pride, covetousness, and ambi
tion, were never so closely covered and cloaked with St.
Peter's name, and sundry other falsehoods, wringings, and
wrestings, but that their nakedness in that behalf, with all
their deformities, were clearly discovered by the wiser sort ;
and there were always some that spared not, as there was
occasion for the discharging of their consciences, to speak
the truth. When the said Gregory did so proudly encounter
with the Emperor Henry IV., he was condemned for a
perjured person, and deposed from his place, by a council
held at Worms, in the year IO76, by all the Bishops of
Germany almost, saving those of Saxony, who in his quarrel
were become traitors to the Empire. a And afterward also,
in the year 1080, the said Gregory was more roughly
handled in another council of thirty Bishops at Brixia ;
wherein he was declared to be a "perturber of the Christian
Empire, a sower of discord, a protector of perjury, a mur
derer, a necromancer, one possessed with a wicked spirit, a
man altogether unworthy of the Papacy ; and therefore to
be deprived and expelled." b
Henry V., with his Council, did easily discern the packings
both of Paschal II. and of his predecessors, " when he com
plained of their thrusting him into arms against his father ;
and how, genitore oppresso, ' his father being overborne,'
they sought likewise his suppression and overthrow. He
charged them with great un thank fulness, in that, being
made rich by the Emperors, they were never satisfied ; but
under a religious pretence of Ecclesiastical liberty, desired
still more and more ; and that by shaking off from their
a Abbas Uspergens. ann. 1076. Avon- b Urspergens. ann. 1080. Aventin.
tin. lib. v. lib. v.

151 CONVOCATION BOOK. [BP. OVERALL.
shoulders all duties and subjection, they did affect the empire
itself, and would not cease until they had it ended."3 With
this the Emperor's plainness, the said Paschal being in
censed, made certain unlawful decrees against the said
emperor b ; which decrees the divines of Fraxinum (who
were accounted the most learned men in all Germany) did
condemn and reverse, as being contrary to the word of God.
Upon the insolent speeches of Adrian IV.'s messenger, one,
that was present had slain the said messenger, if the Em
peror had not staid him. And two Archbishops thereupon
did write to Rome, accusing the Priests there of pertinacy,
pride, covetousness, and faction against the Emperor ; re
quiring them to give Adrian their Pope some better
counsel.6 Frederick II., in one of his letters to the Princes of
Christendom, in defence of himself against Gregory IX.,
does likewise most notably describe the ambitious aspiring
hearts of the Bishops of that See ; affirming, " that they
sought the overthrow of the Empire, and to bring all men in
servitude under them, to the end that they themselves might
thereby be the more feared and reverenced than Almighty
God." d But the Archbishop of Juvavia, now called Saltz-
burg, in an oration which he made in a Council of State,
during the said Emperor's reign, exceedeth in this argument ;
where he affirmeth that those Bishops, libidine dominandi,
did trouble the whole world, audendo, fallendo, et bella ex
bellis serendo." Also Otho, Regulus Boiorum, "the Prince
of Bavaria," in the days of Innocent IV., told the Bishops
that joined with the Pope, that as they grew to their great
ness by discord, so being overcome with desire of honour
in stirring up wars, they were worse than Turks or Saracens/
Moreover, in the days of Honorius IV., the Bishop of Tulle6,
when the Pope would have set the Emperor in war against
the French, and under that pretence required by his legate
of all the clergy in Germany, non decintas, sed quartos, " not
the tenth, but the fourth part of their livings," moved the said
Aven-

a Aventin. lib. vi.

e Minister Cosmogr.

lib.

b Ibid.

tin. lib. iii.

c Ibid.

1 Ibid.
d Matth. Paris, in Hen. III.
Aven-
e Ibid.
tin. lib. vii.
BP. OVERALL.] CONVOCATION BOOK. 155
Clergy, and many of the state then present, that they should
no longer submit themselves unto the Romish vultures, who
had very long tyrannized, and laboured nothing more than to
thrust Princes into war one against another : adding there
unto, that the Pope had. armed the Scythians, Arabians, and
Turks against them ; and that he verily thought that the
Pope loved them better than he did the Germans.
And what men thought, when they durst speak of the
Bishops of Rome and his priests in the days of Nicholas IV.,
it may appear, by the words of a nobleman, one Menardus,
Earl of Tyrol (as we conceive), when he said, " that he
would never make himself a scorn to such effeminate Anti
christs and prodigious eunuchs ; who, being indeed, saith
he, our servants, do fight for superiority, and would domineer
over us, that are their lords. They are worse than Turks,
Saracens, Tartars, and Jews, and do more injury to
Christian simplicity. Dominationem arripiunt, ' they will
by force overrule all.'"a In the time ofLudovicus Bavarus,
the Emperor, although three Popes successively opposed
themselves against him, with all the mischievous practices
that they could devise, yet many learned men, both Divines
and Civil Lawyers, did justify the Emperor's proceedings and
condemn the Pope's.b And some wrote books to that effect,
saying to the Emperor, tu nos pugnis, ense, ferro, Sec,
" do thou deliver us from the Pope's servitude by force," &c. ;
nos te lingua, Sec, " and we will revenge our quarrel with
our tongues, our pens, our letters, our style, our books, and
words." 6 And thereupon, accordingly (as their own author
saith), they proved by the testimony, both of divine and
human laws, Joannem libidine dominandi insanire, " that
John the Pope was grown mad through his desire of princi
pality and sovereignty." Also the Emperor himself, about
the year 1324 d, speaking in scorn of the said John XXII.,
saith, that " the Pope, in taking upon him to be both
Augustus and Pontifex, showed himself therein to be mon-
strum biceps, ' a monster with two heads ; ' and that it was
a Aventin. ut supra. ° Dante Aligerius. Will. Ockam.
b Marsil. Patavin. Jo. Gandaven. Bona Gratiae. Mich. Caesenas. Anton.
Luit. de Berbenburg. Andr. Bishop of Patavin. Aventin. lib. vii.
Fraxin. Ulric. Hangenor. ° Ibid.

156 CONVOCATION BOOK. [BP. OVERALL.
apparent, by divinity and all laws, that the Bishop of Rome
had no interest to both these dignities." Many notable
things are contained in divers of this Emperor's letters and
decrees, as also in the said orations and writings, above here
mentioned, which are very worthy to be perused, and made
more known than they are : all of them labouring to suppress
that insolency of the Bishops of Rome, in challenging to
themselves the right of the Empire, and the authority to
confirm the same as they thought good ; making the Empe
rors thereby their vicars or substitutes.
But it is most of all worthy the diligent observation, that
in these later times, when the grossness of Popery hath been
more thoroughly looked into and scanned, the Jesuits them
selves are grown to be ashamed of the said most absurd
and ridiculous challenge. And therefore Cardinal Bellar
mine a hath written five chapters against it, wherein he first
distinguisheth them from Catholic divines who maintained
that opinion : and then setting down these three propositions'"
as sure grounds of truth, viz. Papain non esse Dominion
totius mundi, " that the Pope is not Lord of all the world : '"
Papain non esse Dominion totius mundi Christiani, " that
the Pope is not Lord of all the Christian world : " 4 Papam
non habere ullam temporalem jurisdictionem directe, "that
the Pope hath no temporal jurisdiction directly ; "6 he con-
futeth their arguments who are of another judgment.-
Where he shaketh off, very lightly, the chief places of Scrip
ture, and some other testimonies, whereupon the said argu
ments are principally grounded ; as that of two swords ;
and where Christ saith, " all power is given unto me in
Heaven and Earth : " and the testimony likewise of Pope
Nicholas, affirming that Christ committed to Peter, the Key-
carrier of eternal life, terreni simul et ceelestis imperii
jura, " the interest both of the earthly and heavenly empire ; "
which he casteth away, either as an assertion forged by
Gratian (the same being not found in the said Pope's
writings), or else to have another sense, this (as it is urged)
being against the said Pope's direct words, in one of his
epistles. a Bell, de Rom. Pont. lib. v. cap. I. a Ibid. cap. 4.
b Ibid. cap. 2. Ibid. cap. 5.
¦*• Ibid. cap. 3,

BP. OVERALL.] CONVOCATION BOOK. 157
His first proposition % " That the Pope is not Lord of all
the world he justifieth in respect, 1. That infidels are not
his sheep. 2. That he cannot judge infidels. 3. That
Princes, infidels, are true and supreme Princes of their King
doms ; because dominion is neither founded in grace nor
faith ; as it appeareth, because God approved the Kingdoms
of the Gentiles, both in the Old and New Testaments.
And, upon these said reasons, he inferreth it to be a ridi
culous conceit for any man to think that God gave to the
Pope any right over the Kingdoms of the whole world ;
considering that he never gave unto him ability to use any
such right." And for the confirmation of his second pro
position, " That the Pope is not Lord of all the Christian
world," b he proveth the same by these reasons : " 1. Because,
if he had any such dominion by the law of God, the same
ought to appear, either in the Scriptures or by some Apos
tolical traditions ; but it appeareth by neither, ergo. And
his second reason is this : Christ neither did nor doth take
Kingdoms from any to whom they do appertain, but doth
rather establish them ; therefore, when the King becometh
a Christian, he doth not lose his terrene Kingdoms, which
lawfully before he enjoyed, but he obtaineth new right to
the everlasting Kingdom ; otherwise," saith he, "the benefit
received by Christ should be hurtful to Kings, and grace
should destroy nature. Also he confuteth the ordinary dis
tinction amongst the Schoolmen and Canonists, who affirm
that the Pope hath both powers in himself, but doth commit
the execution of the civil power unto others, and writeth
thus : ' Whatsoever Emperors have, they have it from Christ : '
and therefore," saith he, " the Bishop of Rome may either
take from Kings and Emperors the execution of their au
thority, as being himself the highest King and Emperor, or
he may not : if he may, then is he greater than Christ ; if
he may not, ergo he hath not in truth any regal power."
And he concludeth this point with this observation, " As the
sun did not make or institute the moon, but God himself,
so likewise the Empire and the Pontifical Dignity are not
one, neither doth the one absolutely depend upon the other."
a Bell, de Rom. Pont. lib. v. cap. 2. b Ibid. cap. 3.

158 CONVOCATION BOOK. [BP. OVERALL.
Lastly, to prove his third proposition", "That the Pope
hath no temporal jurisdiction directly," he reasoneth in this
sort : " Christ, as he was man, whilst he lived here upon
earth, neither took, nor would take, any Temporal Dominion ;
but the Bishop of Rome is Christ's Vicar, and doth represent
Christ unto us qualis erat, dum hie inter homines viveret,
' as he was whilst he lived here among men ; ' therefore the
Bishop of Rome hath no Temporal Dominion." Now before
he comes to the proof of the first proposition of this argu
ment, and that he might make the ground thereof more
plain, he saith : " 1. That Christ was always, as he is the
Son of God, the King and Lord of all creatures, in the same
sort that the Father is. 2. That his Kingdom is eternal
and divine, and neither taketh away the Kingdoms of men
nor can agree to the Bishops of Rome. 3. That Christ, as
he was man, was the Spiritual King of all men, and had
most ample Spiritual power over all men, as well faithful
as infidels. 4. That this Spiritual power of Christ shall,
after the day of judgment, be sensible and manifest. 5. That
the glory of this Kingdom did begin in our head, Christ,
when he arose from the dead."
Upon which grounds he maketh these inferences: "1. That
the said Spiritual Kingdom of Christ (the glory whereof
began after his resurrection) is not a Temporal Kingdom,
such as are the Kingdoms of our Kings. 2. That the said
Spiritual Kingdom of Christ over all men cannot be commu
nicated to the Bishop of Rome, because it presupposeth the
resurrection. 3. That Christ, as he was man, if he had list,
and had thought it expedient for him, could have taken
upon him a kingly authority, but would not; and therefore
neither did receive any such authority, neither had not only
the execution of any Dominion or Kingdom, but not the
authority or power of any Kingdom temporal." And so he
cometh to the proof of his said proposition, saying, " That
if Christ had any such Temporal Kingdom, he had it either
by hereditary succession, or by election, or by the law of
war, or by the especial gift of God ; but he had it by none
of these four ways ; ergo, he had no such dominion." For
a Bell, de Rom. Pont. lib. v. cap. 4.

BP. OVERALL.] CONVOCATION BOOK. 159
the proof of all which particulars he taketh good pains, and
then cometh to the explication of these words in his second
proposition of the first argument, concerning this point, viz.
" That the Pope doth represent Christ unto us as he was
when he lived here amongst men;" and saith: "1. We
cannot attribute unto the Pope those offices which Christ
hath, either as he is God, or as he is an immortal and
glorified man, but those which he had as he was a mortal
man. 2. Neither hath the Pope all the power which Christ
had as he was a mortal man ; for he, because he was both
God and man, had a certain power, which men call the
power of excellency, whereby he ruled both faithful and
infidels; but the faithful only are committed to the Pope.
3. Christ had authority to institute sacraments and to work
miracles by his own authority, which the Pope hath not.
4. Christ had power to absolve men from their sins without
the sacrament, which the Pope cannot do."
With Bellarmine (that he may not bear this great burden
upon his own shoulders, and undergo alone the envy thereof
ensuing) an army of writers, both old and new, do concur.
He hath himself set down the names of some ; and, for his
better supportation, we have thought it fit to assist him with
two more; viz., the Archbishop of Compsa, one Ambrosius
Catharinus, and Boetius Epon, a Count Palatine, whose Book
of Heroical and Ecclesiastical Questions, printed at Douay,
1588, a place wholly Jesuited, is greatly approved by Thomas
Stapleton, our countryman, and Balthazar Seulin, the Dean
of Amate, a licentiate of the Pope's law, and the ordinary
visiter, or allower of such books as are thought meet to be
published. " Non desunt plerique, Sec, There are many,"
saith Catharinus3, " who are not content with that that is
sufficient, ne dicam nimium, ' that I may not say, It is too
much;' who either to flatter, or of too gross simplicity do
affirm, that the temporal dominion of the whole world doth
belong of right to the Bishop of Rome as being Christ's
chief Vicar in earth, in that Christ said, All things are given
to me of my Father. Verum ridicula hcec profecto, quce
neque ipsimet Pontifices auderent asserere, ' but assuredly
a Catharin. in Ep. ad Roman, c. 1 3.

160 CONVOCATION BOOK. [BP. OVERALL.
these are ridiculous joys : the Popes themselves dare not for
shame so affirm.' Quod autem Papa sit Vicarius Christi,
Sec, 'for that the Pope is called Christ's Vicar,' what force
hath it to persuade us that all the Kingdoms in the world
are committed to be governed by him in temporal causes ?
Nay," saith he, " it rather induceth us to believe that they
are not committed unto him; quoniam Christus abjecit ea,
et ut homo erat, in mundo non habuit ; ' because he cast
them from him, and, as he was man, had them not himself.'"
And the said Boetius Epon ", having set clown the reasons
why some have maintained the Pope's said universal do
minion in temporal causes, and given a touch of the Jew's
error, and of the Apostle's oversight in that behalf, he saith
thus : "Neque, nos forsitan Judceis multo vel meliores, vel
minus inepti sumus, dum, Sec. And we perhaps are not either
much better nor less foolish than the Jews whilst we do
ridiculously mingle the temporal and earthly Kingdom or
Empire with the Kingdom Ecclesiastical or Spiritual, by
wresting to that purpose the testimonies of the sacred Scrip
tures, which do nothing less than make either Christ, or
Peter, or the Pope, the temporal monarch, either of the
whole world, or of the Christian world. Digni profecto,
Sec. We are certainly worthy of this answer of Christ :
Nescitis quid petatis quidve disputetis, ' You know not
what you ask, nor what you dispute of.'"
And thus it appeareth what opposition there hath been,
ever since the days of Gregory VII., against the insolency
of the Bishops of Rome, in challenging to themselves such
eminent and sovereign authority temporal over all Kings
and Emperors; and how, in these later times, through the
light of the Gospel, men of any good parts or modesty
(though otherwise our adversaries) are driven for shame to
acknowledge the truth ; notwithstanding all the vain and
ridiculous conceits and janglings, either of the said Glosso
graphers, Canonists, or Schoolmen, or the false, proud,
and insolent vauntings of the Popes themselves, from the
said Gregory VII., pretending themselves to be Caesars and
Emperors. It is true that Bellarmine laboureth afterwards
a Heroic, qu. 5.

BP. OVERALL.] CONVOCATION BOOK. l6l
to advance the Pope's authority in Temporal causes indirectly,
thereby to bring them so far within the compass of the
Pope's reach as that he may depose them if they hinder the
good of the Church. But his dealing herein is very indirect
(that we use his own word), and cannot salve his former
conclusions and inferences; whereby he and the rest have
so wounded the Bishops of that See, and disclosed their
nakedness, as all their adherents will never be able to cure
them.a Placet eis.
Hose omnia suprascripta ter lecta sunt in Domo
infer iori Convocationis in frequenti Synodo Cleri
et unanimi Consensu comvrobata. ltd testor,
Johannes Overall, Prolocutor.
April 16. 1606.
a Henv. Quodl. 6. qu. 23. ; Jo. art. 3. cap. 76, 77, 78. ; Petrus de Pa-
Driedo. lib. ii. de lib. Christ, cap. 2. ; lude de Potest. Ecclesiastica. ; Cajetan.
Jo. de Turrecremata sum. lib. ii. 113. in Apol. cap. 13. ad 6. ; Fr. Victoria de
etseq. ; Alb. Pighius Hierarch. Eccles. Pot. Eccles. q. 2.; Dominic, a Soto in
lib. v. ; Tho. Waldens. lib. ii. ; Dr. Fido. 4. distinct. 25. q. 2. art. i.

VOL. III. M

162 ON CHRISTIAN SUBJECTION. [BP. MORTON.

IV.
ON CHRISTIAN SUBJECTION.*
[BISHOP MORTON.]

Rom. xiii. 1.
" Let every soul be subject to the higher Powers."
This argument of Subjection is the subject-matter of the
Epistle for this day (1 Peter ii. ) which I have transferred to
this text of St. Paul, only for more apt method and mani
festation sake, which how seasonable it is for the occasions
of this unseasonable and dismal time, alas ! it is too evi
dent : a time, I say, wherein the seditious faction professeth
forcible resistance against sovereignty, for defence of religion.
Now, therefore, this text being a divine canon of Christian
subjection, it will be easy hereby (through God's assistance)
to pull off the vizard of pretence of religion from the visage
and face of rebellion itself. 1 propound to myself this theme
to be discussed, to wit, " That arms are not to be taken up
by subjects for defence of religion : " for the canon itself
teacheth us, 1st. Who is the subject — "Let every soul
be subject." 2nd. To whom — "To the higher Powers."
3rd. The why — "For there is no Power but of God, and
the Powers that be are of God." Next, because contraries,
being compared together, illustrate each other. The Apostle
useth this art ; for having prescribed subjection, he delivereth
the contrary, which he calleth resistance, " whosoever resisteth."
This he showeth what it is, both in the heinousness of the
crime, " he resisteth the ordinance of God," and also in the
* [A Sermon preached before the King's Most Excellent Majesty, in the
Cathedral Church of Durham, upon Sunday, being the Fifth Day of May,
1639 ; by the Eight Reverend Father in God Thomas Morton, Lord Bishop
of Durham. Published by His Majesty's special command. Newcastle-
upon-Tyne, 1639.]

BP. MORTON.] ON CHRISTIAN SUBJECTION. 163
dreadfulness of the judgment, "he shall receive to himself
damnation." These are the five stages of our future pro
ceeding, which I therefore so name, because my purpose is
(God walling) to hasten through them with all convenient
speed.a Part I. Who ? Every soul.
" Every soul." By soul understanding (by a synecdoche,
as all know) the whole person of man, as often elsewhere in
Holy Writ. But what? "Every soul subject?" Not I,
saith the Pope, and so all Popes of aftertimes, for we have
power over all powers, be they Emperors themselves, to kick
off their crowns with our feet, to depose their persons, and
to dispose of their kingdoms. Nor we, say the Popish
Clergy, for our function is spiritual, and therefore cloth in
itself, in all cases, challenge exemption. Nor we, say the
seditious conspirators, in the case of defence of our religion.
I have therefore joined the Romish and these other fac
tions together, that it may be known that, although the
Romish and the Church of Scotland, whereof these conspira
tors would be members, do dissent in religion, no less than
antiquity and novelty (for those points, whereof the new
Roman Church have made a new creed of more than twelve
new articles of faith), and differ also as much in some parts
of God's worship, as religious from superstitious and idola
trous, notwithstanding, they agree in this one conclusion of
professing violent resistance for defence of religion, and in
the most principles conducing thereunto" : insomuch that the
conspirators, who otherwise hate our Church ceremonies
(albeit, most indifferent, and in use laudable), even because
they seem to them Papistical, do nevertheless, for confirming
their seditious conclusions, allege, saying, in these very
terms, " The Papists are witnesses," Sec
Howbeit, this canon doth, in effect, give them both the lie,
because the word soul signifieth the whole man ; and seeing
a And so it was then, the shortness of out of the books of the Romish sect, and
an hour requiring it ; but now the ser- papers of the conspirators, received from
mon is enlarged, for the better satisfac- an authentic hand of an honourable lord
tion of the reader, and that by royal com- in Scotland, and intitled, " The times re
mand, quire that the point following be pressed
b Principles which have been collected upon the people," &c.
M 2

164 ON CHRISTIAN SUBJECTION. [BP. MORTON.
there is no man either so spiritual or secular, but he hath an
immortal soul, incorporate in a mortal body, it must follow
that every man is obliged, both body and soul, to subject
himself to the higher Powers. And what Powers these are
the context pointeth out by their symbol and ensign, namely,
of him that carrieth the sword, even the temporal Magistrate.
And that this doctrine was both professed and practised
throughout the whole Christian Church for about 600 years
is manifoldly manifested by evidences registered in all Eccle
siastical records, whether they concern the Greek or Roman
Church. But we, at this present, may content ourselves
with two kinds, one from the Greeks, even in their com
mentaries" upon this text, " Let every soul," &c. That is,
say they, "every Apostle, Evangelist, Prophet," &c. If
every Apostle must be subject, then Peter, then his successor
(every Pope), then every Popish Ecclesiastic. As for the
secular, it followeth in Chrysostome, oa-rig ouv, Sec "every
other, whosoever," &c. Which is an acknowledged truth
even of their own Espensaeus, saying, " What Greek authors
did not hold that the Apostle hereby taught, that all the faith
ful were to be subject to worldly governors ? "b
II. Concerning the Roman Church, what need more than
the epistles of ancient Popes, yet extant0, which they wrote
to the Emperors of their several ages for above 700 years4,
all agreeable to the style of Pope Gregory I., surnamed the
Great, in his epistle unto the Emperor Mauricius, one some
what vexatious unto him, after this tenor, Ego indignus
famulus tuus jussioni turn subjectus, " I, your unworthy ser
vant, am subject to your command."6 Here you hear his
professions ; will you see it in his practice ? The same holy
Pope, being commanded by the same Emperor to proclaim an
edict, which, although Gregory thought it to be unlawful in
itself, yet held it necessary for himself to publish it through-
a Chrysost. and after him, Theod. 35., of Simplicius I. Ep. 4., of FelixIII.
Euthem. CEcura. Theoph. Ep. 2., of Anastasius I. Ep. 78., of Pe-
b Apostolus docet omnes credentes lagius I. Ep. 16. These before Gre-
inundi Potestatibus esse subjectos, nempe gory, and after him Martinus I. Ep. 3.,
sive Apostolus, &c. Ut tenet Chrysost. Agatho I. Ep. ad Heraclium, Ha-
Euthem. Theod. et qui non Gnecl ? — drian I. Ep. ad Constant, ann. 770.
Espen. i,i Tit. 31. digress. 10. pp. 5. IS. a As is to be seen in my book intitled
Pans, aim. 156S. << Causa Regia."
c Epistles which are recorded by e Greg. lib. ii. Ep. 21.
Binius, as of Pope Leo I. Epist. 26. and

BP. MORTON.] ON CHRISTIAN SUBJECTION. 165
out his diocese ; that done, he rendereth the Emperor this
his account: Serenissimis jussionibus tuis obedientiam prce-
bui, " I have obeyed your Majesty's commands." a
As for the other Romans, both people and clergy, one
would think that the dedication of this epistle " To the
Romans" might instruct them to know their duties, thus,
" To all that ^are at Rome, beloved of God, called saints.""
What ? (even this canon as well as any of the epistles) "Let
every soul be subject to the higher Powers." Thus, then,
but contrarilv now ; and therefore so much is the Church of
Rome, in point of subjection, degenerated from itself, so far
as that, divers hundred years after this Pope Gregory, when
the Archbishop of Sens in France challenged the privilege
of immunity from all subjection to the King, he was en
countered by St. Bernard, and arrested by virtue of this canon
of Omnis anima, saying, " Forget you what is written ? Let
every soul be subject to the higher Powers ? Qui te tentat
excipere tentat decipere, ' he that seeks to exempt doth but
labour to delude and seduce you.'" Finally, whereas the
Pastors of the Church Catholic performed subjection them
selves for more than 600 years after Christ, it can be no
question but they catechised the people in the same canon and
article of Christian loyalty. This case being so plain, that
any man may understand the necessity of subjection in every
man, our next Quaere must be, " To whom ?" and the canon
saith in the next —
Part II. To the higher Powers.
There were almost in all ages of the world divers kinds
of Powers and Governments, which I need not rehearse, but
the principal ever was the monarchical ; whether it were by
conquest, election, inheritance (as the firmest), or otherwise ;
and in the monarchical have always been divers degrees of
Powers, yet so, that one was supreme, and the other subor
dinate ; which St. Peter0 doth distinctly express, "Be ye
subject to the King, wg uTreps^ovn, ' as to the supreme ; '
and to (his) Governors, as them that are sent of him." I
should now proceed, but the conspirators do interrupt me,
a Greg. lib. ii Ep. 32. » Rom. i. 7. c 1 Pet. ii. 13.
M 3

166 ON CHRISTIAN SUBJECTION. [BP. MORTON.
saying, " That a difference would be between private persons
taking arms for resistance, and inferior Magistrates, Judges,
Counsellors, Nobles, Peers of the land, Barons, Burgesses,"
&c. Where they confess, that the Magistrates, Judges,
Nobles, Sec are all inferior to the King : and yet argue,
from the combination of all these, for resistance by arms.
Now, hearken we to the canon, " Let ever soul be subject to
the higher Powers," but inferiors are under the Monarch,
as the higher, and so are they confounded out of their own
mouths. But they and the Romish descend yet lower, as
we shall find, in discussing the reason why we ought to be
subject to the higher Powers, which is the next point, and

Part III. For there is no Power but of God : the
Powers that be are ordained of God.
Therefore it is plain (say we) God requireth a loyal sub
jection. Here, again, both the Romish seducers, and these
conspirators, conspire together in defence of another prin
ciple, to wit, when they have now power of resistance in
themselves, then to envenom and intoxicate the brains of the
people with an opinion that the power is in them to resist
by violence, when there shall be occasion. So say the
Romish ; but why ? because, forsooth, " Majesty is seated
in the People, because the Princes are made by consent of
the People," a and because St. Peter calleth them human
creatures. Accordingly the conspirators, as if they meant
to be the disciples of Papists, their words are these : " The
people originally make the magistrate, and not the magis
trate the people." And (all this being supposed) their con
clusion is, for defence of religion against magistrates by the
power of the people. Than which there could not be
uttered a more fond, false, or pernicious conclusion as the
canon itself will show from point to point.
a Parsons in his Dolman, the French noldus de justa Authoritate : Rex liu-
Jes. lib. de Jure Abdicationis: — Majestas mana creatura est quiaab hominibus
regni sita est magis in populo quam in constituta. The moderate -answer to Dr.
persona Regis, p. 36. Didymus : Non Morton: People made election of kings,
populus in Principum gratiam factus, sed &c.
Principes in populi gratiam creati. Rai-

BP. MORTON.] ON CHRISTIAN SUBJECTION. 167
I. Fond, for what saith the canon ? " The Powers that
be are rsTay^svai, ordained of God," that is, orderly con
stituted: but if, when the people have constituted a ruler
over them, there remaineth in them a power dormant, upon
occasion, to overrule, and un-king, and unmake him, to
whom they are subjects ; this were as unorderly and ugly
a confusedness in the body politic, as it would be in the
body natural to stand on its head with the heels upwards.
Their other objection is out of St. Peter, for calling Ma
gistracy a human creature, because of the choice of the
people ; as if therefore by it the same human and popular
liberty might be dissolved : it is frivolous, because St. Peter
addeth there, " Be ye subject unto (the same) human crea
ture, for the Lord's sake." a
II. If the doctrine be fond, it must needs be false, and
that more evidently by that which shall be opposed against
it in the canon, which saith, al o5<rai e^outriou, " the Powers
that be are of God." " Powers that be ; " are they, then, once
established ? Then, whatsoever the government be, they are
of God, God owneth them, they may not be disturbed.
For as silver, whilst it is mere plates, if it be tendered for
exchange, may be either taken, or not, by the party to whom
it is offered : but if it once receive the King's stamp, and
be coined, it is current money, and may not be refused.
Or as Acts of Parliament, whilst they are but voted, are
but only consents, but after they have the King's Royal
assent, they become statutes, which may not be transgressed.
So is it in governments, as soon as any is xrltrig dubpco7rivr},
" created by man" (as St. Peter calleth it) it becometh (thus
St. Paul) ^tarayr] rou 0=oy, " God's ordinance," and may
not be resisted.
This lesson our Saviour Christ taught all Christians by
his own example, who although he were Lord of lords,
and King of kings ; yet making himself (as man) subject
to higher Powers, he would acknowledge them both in the
supreme magistrate, and therefore he paid tribute to
Caesar b : and in his deputy Pilate, as subordinate, to whom
he giveth testimony of his divine right, that he had his
* 1 Pet. ii 13. b Matt. xvii. 27.
m 4

168 ON CHRISTIAN SUBJECTION. [BP. MORTON.
power from above, namely from God.a Which thing is so
evident, that some Popish divines could not but perceive it.b
Lastly, here is made visible the perniciousness of this in
fatuation by the fj.d%aif>a. in the fourth verse, " he carrieth
the sword," to wit, one chief governor, but one sword, for
albeit there be governors, under governors, more or fewer,
yet because the subordinate are dependent all upon the
chief one, and do execute capital punishment in the name
and authority of the highest, all are accounted but one
sword, and subalterna non contradicunt. But when as the
people shall be making forcible resistance, there must be
clashing of sword against sword. Nay, and by this their
learning, which we now hear, the sword is wrested out of
the hand of the King, and put into the power of the people,
that is, into the hand of a madman. I have said this, and
have good warrant for it ; for when King David, in the like
case (like case ? nay, never was the like case heard of,
namely, that a King was so injuriously cheated of a king
dom), when King David, I say, was delivered from the con
tradiction of his people, he giveth thanks to God, that as he
" stilled the raging waves of the sea, so he repressed the
tumults of the people." ° Comparing hereby the tumultu-
ousness of the people to the raging waves of the sea ; and is
therefore translated in our Church-book, more emphatically,
" The madness of the people." — " O merciful and power
ful God ! grant, we beseech thee, the like experience of thy
deliverance out of the outrageous contradiction of the people,
unto our gracious sovereign, that he may likewise praise
thee, the Lord of hosts, in the great congregation ! " I pro
ceed unto the contrariety to loyal subjection, which is called
resistance, in the
Part IV. of this Canon. Whosoever therefore resisteth
the Power, resisteth the ordinance of God.
In these words you may perceive an act which is resist
ance of a Magistracy, and the crime therein, which is re-
a Job. xix. 11. postulatione, vel successione, vel belli
Royard. in dom. 1. Advent. : Rege jure Princeps fiat, Principi tamen facto
constituto non potest populus jugum divinitus potestas adest.
subjectionis repellere. Et Cunerus, lib. = Psalm lxv. 7.
de Offic. Principis: Sive electione, sive

BP. MORTON.] ON CHRISTIAN SUBJECTION. 169
sisting the ordinance of God. It is not, he that obeyeth not,
but " he that resisteth : " for there may be a lawful, yea, and
a necessary not-obeying, as whensoever the immortal God
shall command any thing, and any power on earth shall
give it a countermand, then must the law of the earthen and
mortal God be rejected justly. To this purpose the example
of Daniel is registered in Holy Writ. A law was signed
by King Darius, that none should make any petition to God
for certain days. Daniel disobeyeth this law, he is cast into
the lions to he devoured, he is delivered by God's Angel.
Darius congratulateth his deliverance, and Daniel justifieth
his former disobedience, saying, " Unto thee, O King, have
I done no hurt." a Kings are not to think it any injury, or
derogation to their royalty, that the King of kings be rather
obeyed. King Solomon saw the equity hereof, when distinguishing
of heights of powers (in the case of oppression of the people
by unjust judges), he said, " there is higher than they b :
meaning the King, whom in that respect also he calleth
the highest on earth, to whom the subject might appeal ;
but if the King will not, then to know that there is one
higher than the highest, even God. Thereby teaching
inferiors that they must still veil to the highest. And
our canon which will have us subject to the higher Powers
before the lower among men, doth by analogy instruct us
principally to be subject to that higher Power, by whom
these Powers are, namely (as saith the canon) by the or
dinance of God. A case clearly resolved long since by the
Apostles ; for Christ had commanded his Disciples to go
and teach in his name ; the Jewish Sanhedrim inhibiteth
them, saying, " Teach no more in that name : " they rejoin,
" Whether it be better to obey God or man, judge you." c
An answer so rational, conscionable, and irrefragable, by
referring it to the judgment and conscience of whatsoever
adversary, that had any knowledge of God, as that it was
an impregnable convincement. But we never read of a
lawful resistance to governors, whereof the canon here
speaketh ; for it is called a resistance of powers, and there-
a Dan. vi. c Acts iv. 18, 19.
b Eccles. v. 8.

170 ON CHRISTIAN SUBJECTION. [BP. MORTON.
fore it intimateth, and withal condemneth, a powerful violent
resistance, whether it be made by persons invaded, or else
by persons invading ; for these two are to be differenced.
The conspirators (whatsoever else they might inwardly
intend) do openly profess not to use any violence by arms
until they shall be invaded : and therefore it is, that they pal
liate this their opposition with the name of a defensive re
sistance ; repeating again and again the word defence.
Hereupon I am compelled to take up that outcry of Tully
against Tubero, for bringing men into the field armed with
spears and swords : Quis sensus armorum f saith he. What
other meaning can mortal weapons have than mortal wounds ;
except the conspirators would have us think that there is
more mercy in muskets and cannons than there could be in
swords and spears : or that if our King should be con
strained (which God forbid) to dispute his right by arms,
they would defend themselves without blows and bloodshed.
It will be no excuse for them that there is a generation more
rebellious than they, who invade before they be invaded, and
that also in pretence of religion.
These 1 need not name ; they are to all the world so visible,
both by public invasions and treacherous assassinations.
For it is needless to reckon up unto you the Romish often
machinations to raise public insurrections : the curse of God
upon the last northern rebellion is felt of this country in
habitants even at this day.
As for assassinations, by Popish and Jesuitical suggesters,
the miseries of France, and horror at the sight of their kings
wallowing in their gore-blood, the joy of England for God's
manifold and miraculous deliverances to our last Queen and
King, of blessed memory, together with the whole state of
this kingdom, do fully proclaim. O that both these spirits of
rebelliousness would now at the last abhor the mischief of all
violent resistance, by consideration of the grievousness of
the crime, which in the next place is to be spoken of, " He
that resisteth the power." What ? " He that resisteth the
ordinance of God," that is, resisteth God himself.
Whence we collect a condemnation both of actual resist
ance, and an habitual purpose of resisting. Touching the
former, both the Romish seducers and the conspirators oppose

BP. MORTON.] ON CHRISTIAN SUBJECTION. 171
affirming and teaching, viz. if that Kings shall prove either
tyrants to their own people, or else persecutors of the pro
fessors of religion, then subjects may arm themselves, and
make hostile resistance.
This doctrine is most notorious to the Romish schools.
The conspirators, inspired with the same spirit, will needs
be thought to have an advantage from the verses following,
because the subjection here required is prescribed in behalf
of Governors ; who are said to he such rulers, who are not a
terror to good workers but to evil : who are ministers of
God for good, and revengers to execute vengeance on them
that do evil. Hence the conspirators ; " but tyranny and
unjust violence, say they, is not the ordinance of God : for
such rulers are a terror to good workers, but not to evil.
And the whole course of the Apostle's argument runs against
resistance of lawful power, commanding things good. We
must therefore acknowledge tyranny to be the ordinance
of God, and for good, or extrude it from the Apostle's argu
ment." Thus we see the ministers among the conspirators,
as drummers in the camp, strike up their alarm to war and
violence, and bewitch men's souls with that sophistication
which is called ignoratio elenchi. And this poison likewise
they have sucked out of the quills of Romish sophists. That
this may appear to very novices in religion, I shall give
to our adversaries their four objections four punctual
answers. The first is, that the powers to whom subjection is re
quired by this canon, were indeed tyrants to their own
subjects, and persecutors of the Christian professors. For
were not these powers heathen governors ? Were not the
most of them cruel tyrants ? Were they not all professed
enemies to the Christian faith, and persecutors of the pro
fessors thereof? This cannot be denied ; but if any man's
ignorance should gainsay it, we might instance in the
Emperor Nero, who was the highest power in the world at
this time. He, after the fifth year of his empire, became so
bloody a tyrant, even to his own heathenish people, that they
branded him with the black mark of a monster. And he
was so vile and violent an opposer of Christian religion,

172 ON CHRISTIAN SUBJECTION. [BP. MORTON.
that his reign hath been registered ever since by Christians
to have been their first fiery persecution ; whereof the holy
penman of this Epistle felt some sparkles : for (Ephes. iii.) he
displayeth himself, saying, " I Paul a prisoner of Jesus
Christ." Whence was that Epistle written ? the subscrip
tion thereof saith, from Rome. And the like we read in the
Epistle to Philemon. All this, notwithstanding, requireth
subjection to this, and to all other never so tyrannous
governors. With what front or face then could these Romish
and other seducers distort this text for proof of a rebellious
conclusion ?
Their second ignorance (if yet it may be called ignorance)
is, that they discern not this their inconsequence, viz. " the
canon exacteth subjection to governors that are no terror to
good workers ; ergo, to those that are a terror to good
workers, they owe no subjection." Just as if, in catechising
children in their duty to their parents, they should instruct
them, saying, "Divine Scripture commandeth you to reverence
your parents, who bring you up in the fear of the Lord ;
ergo, if your parents shall vex you in your good doings, you
must not yield any reverence unto them."
Thirdly, they will not see that there is a temporal good
redounding unto subjects even under most tyrannous go
vernors. I say again, they will not see it, who name Calvin
as standing for them : but only name him, alleging no place.
Now will any doubt but that when they argued from this
text, they did consult with Calvin upon it, than whom (upon
this place) they could not have a greater adversary. He
saith, indeed, that the text requireth subjection to governors
for the good's sake that government bringeththem ; but cloth
he contrarily conclude a non-subjection, if he shall peradven-
ture degenerate and turn tyrant ? His words are, Etiam
si non raro degenerant, qui principatum tenent, nihilominus
deferenda est eis obedientia, quce principibus debetur ; that
is, " although they should degenerate from the office of good
Magistrates, yet is the obedience due unto Princes to be per
formed to them."a But our conspirators acknowledge no
good in the government of any tyrant ; notwithstanding
a Calvin, in locum.

BP. MORTON.] ON CHRISTIAN SUBJECTION. 173
that Calvin instructeth his reader in this point also : Quan-
quam ne sic quident abutuntur potestate sua Principes,
bonos innocentesque vexando, ut non aliquondo ex parte
speciem aliquam justcs dominationis retineant. Nulla ergo
tyrannis esse potest, quce non aliqua ex parte subsidio sit,
ad tuendam hominum, societatem* This his judgment is
worth the translating: "Nevertheless," saith he, " Princes,
in vexing good and innocent subjects, do not so far abuse
their authority, but that they preserve some part of just
government. Therefore there can be no tyranny, which
may not in some degree be a help and aid to the common
weal. So Peter Martyr, commenting upon the same text, hath
these words : Nisi tyranni scevissimi aliquam habeant
rationem juris, potentiam Mam suam retinere non possent.
And it is very true ; for if tyrants should not uphold the
public justice and peace in some degree, they themselves
could not subsist or support themselves. He instanceth
in Nero : Cum ipse imperio suo opprimeret orbem ter
rarum, tamen jus dicebatur, nee vis legum funditus eversa
erat e rebus humanis. The difference, therefore, in this
case between the incendiaries and Calvin is no more nor
less than this : They say that the argument of the Apostle
extrudeth (it is their own word) subjection to tyrannous
governors ; but he denieth this. And they reject the said
governors as if they w«re void of all public justice ; but he
saith there was never any such tyranny heard of.
A fourth crotchet they have, namely, that " if we be
subject to tyrants, then must we confess that tyranny is
the ordinance of God." So they collect, for want of spec
tacles, for so may we call a distinction : Ordinatio commis
sions et permissionis, one and the same man having both:
Nero, a King by God's ordinance of commission ; the same
Nero a tyrant by God's permission ; yet permission not
speculative only, but ordinative, which useth a tyrant for to
be his fiagellum, a whip for scourging the wicked, as Scrip
ture teacheth, and as God himself avoucheth of himself by
his Prophet, saying, " I gave them a King in my wrath." b
a Calvin in locum. b Hos. xiii. 11.

174/ sn CHRISTIAN SUBJECTION. [BP. MORTON.
Take you, for instance, unjust Pilate (of whom you have
heard), who albeit, by God's permission, an unjust Go
vernor, yet is acknowledged to be by God's commission and
ordinance a Governor, as one " having his power from
above."3 And thus is the main fort and bulwark of both
the Romish and seditious conspirators utterly demolished
touching actual resistance, even against tyrants themselves ;
how much more against the nursing father of our Church,
who is no way liable to so wicked an imputation, as will
hereafter appear. The second kind of resistance is that
which we call " habitual in a purpose of resisting," of which
now. This I note, because of another notorious principle held
by both our conspirators. For the Romish, they allow their
professors sometimes to perform subjection to Protestant
Princes, but it is under this parenthesis of only " The case
thus standing, and until there be force to resist;'"3 which
lesson the conspirators may seem to have learned, who, whilst
they wanted force, stood upon good terms of peace and sub
jection : but no sooner were they furnished with arms but
they began to threaten ; which is as wild and vile a piece of
learning as the former, and cometh now to be confuted both
by text and context.
The text saith omnis anima, "Let every soul be subject;"
the reason why the denomination of the whole man is given
(animce~) to the soul (as Aquinas glosseth) is, because sub
jection should be {ex aniino). Secondly, it is called the
ordinance of God, who is the searcher of the heart, because
he saith, concerning obedience to himself, " give me thy
heart." And that he will have as due subiection to cruel
governors, as obedience of servants to their froward masters,
none will make question. But concerning the duty of ser
vants towards their masters, St, Peter enjoineth them to be
obedient o-xoAkus- ^s(nr6rocig " to their froward and perverse
masters."0 And St. Paul, " that they serve not only the eye
a Joh. xix. II. ginse pro praesenti rerum statu. — Ibid.
b Sit cautio adhibenda, ut vires alioqui Modo vires eis suppetunt  Bannes in
ReligionisCatholicajprasjudiciumcederet. Thorn. 2. qu. 12. art. 2. So also others
— Creswell, in his Philopnter. Again, of them.
Subditi obedientiam suam piEebeant Re- ° 1 I'et. ii. 18.

BP. MORTON.] ON CHRISTIAN SUBJECTION. 175
of the master, but in singleness of heart, as unto Christ:"*
for otherwise it is but brutish, like to the service of " horse
and mule, whose mouth must be holden with bit and bridle."5
Lastly, the context acknowledgeth, concerning subjects, it
is necessary you be subject, not for fear only (namely, of
the temporal sword), but for conscience sake also ; that is,
for fear of God's vengeance, which this canon denounceth
against obstinate resistants, as is now to be unfolded in the
last part of this canon.

Part V. They that resist shall receive to themselves
damnation.
The transgression being so heinous, the judgment must
needs be grievous ; and so indeed it is thrice dreadful :
once as being intolerable, signified in the word "damnation,"
wherein are comprised the two extremities of punishment ;
one of pain, which in Scripture is shadowed under the me
taphor of fire ; the other the extremity of continuance for
time, expressed in the epithet '' everlasting." Next, is the
unavoidableness thereof, as it is in the canon " shall receive
damnation ; " to wit, although such resistants shall escape
the edge of mortal powers, yet if giant-like they will needs
Qsoixa^sh " resist God," he will at length be too hard for
them, they shall infallibly receive damnation. Lastly, the
judgment will be most just, to make them inexcusable, for
so saith the canon " they shall receive damnation to them
selves ; " that is to say, they shall be found guilty of their
own damnation, be their pretences in this life never so spe
cious, as indeed they are.
For both the Romish and the conspirators hold (re
spectively) that they who shall die in their quarrels are in
the state of martyrs. Their principles likewise agree ; first,
because they fight for conscience sake. But why this ?
Because it is in ordine ad Deum. Yet why this ? because
in the defence of religion. So they. And so their many
deductions are so many seductions and delusions, as the
canon will particularly and plainly discover. 1. To pre-
a Ephes. vi. 6. b Psalm xxxii. 10.

176 ON CHRISTIAN SUBJECTION. [BP. MORTON.
tend conscience for resistance, albeit the Apostle here in
verse 5. teacheth that it is " necessary to be subject even for
conscience sake." 2. In ordine ad Deum, that is, in zeal to
God's glory ; as if that could be called in ordine ad
Deum which (as the canon hath it) is a resistance against
the ordinance of God. Lastly, to say that they " resist for
religion's sake," knowing that religion is in adherence to the
revealed will of God, and that there can be nothing more
revealed than this canon of a general subjection to the
highest powers, as also the reason against resistance in
respect of the crime, which is resisting God's ordinance :
and much more in regard of the judgment, which is damna
tion itself. And, therefore, can such resistants, dying in
their rebellious quarrels, be but black saints or martyrs,
even as divers in the Church of Rome have been, whom,
notwithstanding their writers doubt not to beatify in their
books at large, even in these our times. One I dare be
jold to name, Garnet the Jesuit, whom I knew at his
arraignment to confess that he heard of the Powder Treason
out of confession, and, therefore, was worthy of judgment,
and at his death he publicly exhorted the Romish professors
to avoid all acts of treason.
Now, therefore, it being confessed on all sides, that it is
not poena but causa that canoniseth a martyr, we see by this
one instance how prone the Romish professors are to adopt
for martyrs, as dying for conscience sake, those who con
fessed themselves to die for guilty against their conscience :
except in so confessing they do but equivocate, and if so,
then but equivocal martyrs.
But to come to the determination of the present cause by
two positions against as well the intituled Romish Holy
Leaguers, as the Religious Covenanters. The first is, that the
soldier of Christ's fight for religion must not be by worldly
force. The word "sacrament" originally among the Romans
was a military term, signifying the sacred oath taken by the
soldier to be faithful in his service under his general ; and
after translated to notify our sacred mysteries: as at first
our holy vow in baptism for professing of our faith in Christ
by holiness of life, in imitation of our general, Christ Jesus.
He in general proclaimeth, saying, " My kingdom is not of

BP. MORTON.] ON CHRISTIAN SUBJECTION. 177
this world, else would my servants fight ; " a which was
spoken of in relation of himself to his disciples ; and there
fore we see he would not have them fight, no not now for
himself. But could any of his servants seek to destroy any
for his sake ? Yes, the Boanerges (sons of thunder) would
have done so for his honour, when they desired fire from
heaven to destroy the Samaritans, for their contempt against
their master, because of his religion, for that he seemed to
them to have set his face towards Jerusalem : that is, to
have a purpose to go up to the feast, there to solemnise the
worship of the true God ; but were corrected by our general,
saying, " You know not of what manner of spirit ye are of ;
I came not to destroy."15
And what then shall the Romish answer for their Boa
nerges, sons of powder, who not asking for, but acting and
working a furnace of fire in a hollow vault, as from hell, to
consume at once the King, and the whole representative
state of the kingdom with a blast ? "A treason (saith one
of their own historians) of all other which either in our or
in any former age hath been recorded, for immanity most
monstrous, no age ever hatched the like."0 So he. Or
what will they answer for the patron of all assassinations, Pope
Urban II. (called by the nickname of Turban), who made a
public edict against those who should be excommunicated by
the Romish Church (as all Protestants are at this dayd),
authorising private persons to murder them, saying, Non
enim eos homicidas arbitramur, quos adversus excommuni-
catos, zelo Catholicce matris ardentes, eorum quoslibet
trucidasse contigerit, &c.e Another servant of Christ, to
rescue his master, would needs draw his sword, strike and
wound an officer of the Jews, but was rebuked thus : " Put
up thy sword, for all that take the sword shall perish by the
sword : "f that is, ought to perish by it.
The second position may be this, that Christians ought,
in defence of their Christian profession, to imitate Christ
" Joh. xviii. 36. e Urban II. Papa Rescript, de Occi-
° Luke, ix. 55, 56. soribus Excommunicatorum, ad Godfri-
0 Thuanus, ann. 1605. dum. extat apud Iconem.
d Bulla; Ccenae. Nos excommunica- f Matt. xxvi. 52.
_mus omnes Lutheranos, Hugonotos,
'Zuinglianos, &c.
VOL. III. N

178 ON CHRISTIAN SUBJECTION. [BP. MORTON.
their general in passive obedience, in resisting the wicked
world, by dying for the Christian faith and religion, when
soever the alarm for martyrdom shall be heard. That one
instruction of St. Peter may alone suffice for this point:
"If ye suffer for well doing, happy are ye, for hereunto
are ye called, because Christ suffered for us, leaving us an
example, that we should follow his steps." a Here is as
much as need be said : our vocation whereunto we are called,
is to be soldiers of Christ, our warfare is by suffering, our
example is our general, who suffered for us ; our victory is,
as his was, the conquering of the world by an innocent
death ; our end is blessedness, for so it is said, " Happy are
ye," &c. Upon which contemplation we are bold to affirm
that we have all this by the covenant of Baptism (the epitome
of Christian religion), which appeareth to differ as much
from the covenant of violent resistance, for religion, as doing
resistance and suffering, as vocation and transgression, as
happiness and damnation.
It will be worth the while to consider the good of perse
cution for the profession of the true Christian religion. The
first is that miraculous good, which experience of the suffer
ings of the primitive martyrs hath brought forth, according
to that saying, sanguis martyrum semen ecclesice ; when
the more the Christians were massacred the more they in
creased ; and to work a multiplication of Christians out of
the destruction of Christians, is not this miraculous ?
Another good wrought by God through persecution is,
a virtuous and spiritual good, not only by way of purging
the soul, but even by a spiritual power of Christian warfare ;
St. Peter speaketh of the first when he compareth perse
cution to " trial by fire," and the operation thereof to a
"purging, as gold is purged."1" And thus may we say, that
thereby the soul of a Christian is purged from the dross of
hypocrisy and of carnal security. But our discourse is of a
spiritual warfare, and such are our enemies, " We fight
not against flesh and blood,"0 &c. And such are our wea
pons, " The weapons of our warfare are not carnal." d And
such our fight, "I have fought a good fight,"0 speaking of
a 1 Pet. ii. 21. c Eph. vi. 12. ° 2 Tim. iv. 7.
b 1 Pet. i. 7. " 1 Cor. *. 4.

BP. MORTON.] ON CHRISTIAN SUBJECTION. 179
his manifold afflictions. And such is our victory against
all worldly force, even in suffering for the faith of Christ,
as is signified by that saying of St. John, " This is the
victory which hath evercome the world, even your faith." a
And indeed this particular virtue and spiritual good is gra
phically set out by the Apostles (Ephes. vi.) in the panoply
and spiritual furniture of a Christian soldier : for without
that, the lustre of spiritual graces could not be glorious ; nor
the girdle of verity, which we profess ; nor the breastplate
of righteousness and sincerity of a good conscience ; nor the
sword of the spirit, which is an animosity in professing the
same truth ; nor the shield of faith, which, without persecu
tion, seemeth outwardly conspicuous sometimes in an hypo
crite ; not the helmet of salvation, which is hope, by a
constant endurance of death in despite of the world, which is
Christian conquest itself.
Let not the conspirators say now (as they have done) that
" they who will not now take up corporal arms for defence of
their religion, they endanger their own souls : and they are
but worldly men ; they are Gallios, not caring for these
things ; they are like Festus, holding difference of religion
to be but certain questions," &c. For I shall ask them but
two questions, one, whether they who preach suffering for
religion, rather than to rebel against sovereignty ; or they
that cry arma virumque, to preserve their bodies, be the
more spiritual, and consequently more religious.
Next, I demand, if that primitive Christians (who were
innumerable) had turned worldly soldiers, how should they
have become those soldiers of Christ, in remembrance of
whom the Church glorieth in her praises, and glorifying
Christ, chanting and singing, " The noble army of martyrs
praise thee ! " For I hope they will not dare to put on the
Romish face as to say they of the primitive Church " re
sisted not, because they wanted force ;" whereof something
is to be said by and by.
In the interim, I would be rightly understood in this dis
course ; my theme is directly against their pretence of hostile
weapons for defence of religion : for though (to speak in
a 1 Job, v. 4.
N 2

180 ON CHRISTIAN SUBJECTION. [BP. MORTON.
general) it be lawful for one kingdom to defend itself from
the invasion of another kingdom for religion's sake, where
they are paris juris ; yet not here, where the condition of
subjects to the higher Powers is considered. Again, if such.
a case (as hath been known) be propounded, when the King
or State shall give forts and castles to some subjects, for to
defend and secure their profession of religion, I may say,
these cautions fight not at all with my former conclusion,
grounded upon the divine canon of omnis anima, I cannot
sufficiently discharge my task, except I may be permitted
to deliver three Briefs (that I may so call them) : — 1. A
Brief Confirmation of the former Doctrine by Antiquity.
2. A Brief Contestation, in behalf of Protestants. 3. A
Brief Application to the Persons, who are now engaged.
1. The ancient Catholic Church, and Mother of all
Churches Christian, ought also to be acknowledged our
blessed nurse, from whom we may suck the most pure and
wholesome milk, which the innumerable multitudes of
martyrs, confessors, and professors did, who, notwithstand
ing the 300 years persecution for religion, never used, or
professed any forcible defence.
To this our Romish adversaries, in behalf of their par
ricides, shape us a brief answer, to wit, that the martyrs,
who suffered for Christ did want force of arms to resist a ;
which their answer they themselves knew to be as false as
they would have it seem to be true : because they could not
be ignorant that divers apologies were then made, in the
name of all Christians, unto those persecuting Emperors,
to remove from them all jealousy and suspicion of disloyalty,
principally by this reason, that they having warlike power
enough, yet held it a part of Christian religion not to make
any forcible resistance. " God forbid," saith heb, "that the
Christian profession should revenge itself by human force,
although there can be no war made against us, but we are fit
and sufficient for it, if we should seek revenge of our perse
cutors : nor should we suffer ourselves to be slain, unless
that our Christian discipline and profession were rather to
be slain than to slay." So he, St. Cyprian, expressed the
" Bellar. lib. v. de Pontif. cap. 7. and 4. •> Tert. Apol. 37.
Alan, in his Moderate Defence, and
others commonly.

BP. MORTON.] ON CHRISTIAN SUBJECTION. 181
same Christian profession : " Not to seek revenge against
unjust violence, but to leave that to God : although," saith
he, " our people be excessive in number, Sec" a Greg.
Nazianz. expostulateth thus against the persecuting heathen :
" Who is there of you all, whose life any of our people
have endangered, albeit otherwise boiling with heat and
anguish." b St. Ambrose, when the Emperor invaded his
kirk, and the people were ready to make rescue, so far as-
that the invaders could not have sustained their forces,
" I restrained them," saith Ambrose, " for prayers and
tears are my armour, and I neither ought or may make
other resistance." ° In a word, the universal Christian re
solution was proclaimed in these words : Precamur, Auguste,
non resistimus ; which resolution of not resisting our Sa
viour confirmed, when he allowed his Disciples not so much
as any outward buckler, excepting only fuga, " Flight
from one city to another : " d which is, by consequence, fly,
and therefore, not resist.
And, for the integrity of subjection and true loyalty,
Arnobius was bold to compare Christians with all the
heathen subjects, even in the days of persecution, in the name
of the Catholic Church of Christ, in the point of true loyalty,
Vos conscios timetis, nos conseientiam ; that is, in true
sense, " You Gentiles perform your subjection only for
fear your disloyalty should be known of others, but we
Christians fear lest our conscience should accuse us before
God." e
We may seal up this truth with the confession of three
learned Romanists. " The Christians," saith one, " did
not abstain from violence against their persecutors, because
they wanted force." f Another, " It is not to be read, for
two hundred years after Christ, that Christians used any
forcible resistance against their persecuting Emperors,
though they were equal in strength : yea, Christians then
held, that hereby they did prove their religion to excel all
a Cyprian, de Metriad. Nos lsesos c Ambros. lib. v. Epist ad Auxen.
Divina ultio defendet: inde est, quod ¦> Matt. x. 23.
nemo nostrum se adversus injustam vio- e Arnob. con. Gentes.
lentiam, quamvis nimius et copiosus sit f Barclaius, lib. iii. contra Mo-
noster populus ulciscatur. narchom. cap. 5.
b Gr. Naz. Orat. 2. in Julian. N 3

182 ON CHRISTIAN SUBJECTION. [BP. MORTON.
others in the world, and thought themselves therefore to be
called Christians of Christ, whose doctrine this was, to
obey magistrates." a A third, and so I have done. " Chris
tian Martyrs," saith he, " when, for multitude, they might
easily have conspired against their cruel persecutors, yet
bore such honour to Kings and higher Powers, that they
chose rather to die than to resist." b And the consequence
will hold, that if there were an obligation in Christians to
profess subjection to heathenish powers, then are they tied
much more to be subject to Christian magistrates, seeing'that
(as the Romish Jesuit Acosta confesseth) Omnes fatemur, et
est per se certum, etiamsi Barbari ad Christum conver-
tantur, eos tamen non jure suo excidere.0
2. The brief of Contestation, in behalf of Protestants, is an
additional which the importunity of the conspirators compel
me unto, who d think they have the right hand of fellowship,
in this their sinister cause, with those who are accounted
amongst Protestants Stellce primce magnitudinis, Luther,
Calvin, Beza, whom we shall desire to answer but this one
question, whether they think it any way lawful for any sub
jects to make resistance against such their tyrannous go
vernors ? And we may hear Calvin answer, that " The
Word of God teacheth that, howsoever it is that governors
be established, yet being once constituted, they are to be
obeyed, although they do nothing less than that which ap-
pertaineth to their office ? and are to be held in the same
honour and dignity (in respect of public obedience) as if
they were of the best."6 So he ; and for example, he in-
stanceth in Nebuchadnezzar, whom God commanded his
people to obey, albeit he was a most wicked and cruel
tyrant. Then applying this to all after times, he admonisheth
all subjects " to have always this example in their remem
brance, to the end that they may thereby extrude all se
ditious fancies out of their minds." And, for a better im-
a Tolossanus, lib. xxvi. de Repub. 75., where the profession of the present
caP- 7. Reformed Churches of Geneva, Charen-
b Cunerus de Offlc. Princ. cap. 7. ton, and others, is avouched in utter dis-
c Acosta, Jes. de Indor. Salut. lib. ii. like of this Scottish Covenant, as being
eaP- 7- to them offensive and scandalous, and of
4 See his Majesty s large declaration, dangerous consequence to religion.
where the confessions of all the Reformed • Lib. iv. Inst. Can. 20. sect. 22.
Churches are alleged against them, pp. 4.

BP. MORTON.] ON CHRISTIAN SUBJECTION. 183
pression, " This reverend and pious affection," saith he,
" we are continually to bear to them, whatsoever they
themselves be, because (which I do," saith he, " again and
again repeat) they carry that person upon them by the will
of God, whereon God hath imprinted and engraven an
inviolable Majesty." So he.a
3. A brief Application.
The necessity of the matter exacteth of me the heads which
are to be mentioned, and the proportion of a sermon com
manded me not to exceed. Cankered jealousy, the stepdame
of unity and verity, hath so transported these conspirators,
that they have all this while laboured, by arguments taken
from the condition of impious, irreligious, and tyrannous
Kings, to justify their rebelliousness against the mirror of
moral virtuousness, the lamp of religiousness, and miracle
of clemency and patience ; besides, in morality, his wisdom,
temperance, charity, justice, conjugal fidelity, each of which
radiant and excellent virtues, if they were in any one emi
nently, would greatly ennoble him in the estimation of all
good men. Now all these being conspicuous in this one,
what but black malice can cast a cloud upon such brightness ?
But to return to the points in question.
The principal oppositions they here make are an impeach
ment of their liberty and religion. Where could ever that
exclamation more justly have place, Proh, hominum fidem!
They will grant, I dare say, that his royal father, our late
gracious Sovereign King James, of blessed memory, did
deserve, before any other prince in his time, the title and
sweetest of posies, Rex pacificus, of which the orator said,
Dulce quidem nomen pacis, res vero ipsa longe jucundissima.
a As for Luther, methinks the con- such as is that of France and England.
spirators should stand to their own col- And will any Scottish have Scotland go
lection out of Luther, in his determina- for less ? Beza also teacheth it to be
tion of this question, whether it were the duty of every man to suffer injury,
lawful for the Germans to resist the and to know that there is no other re-
unjust violence of the Emperor ? And medy for those that are subject unto
his resolution is, they may : but mark tyrants, but prayers, and tears, and
his reason, because his authority is amendment of life. Adding, that in this
limited by a joint power of the Princes case, d privatis hominibus non multum
Electors ; wherein (saith Luther) it dif- absint inferiores magistratus. — Beza,
fereth from the monarchical government, Confess. Fidei.
N 4

184 ON CHRISTIAN SUBJECTION. [BP. MORTON.
But our King, having inherited this his father's virtue, hath
so improved it by his clemency in publishing a late pro
clamation, with such conditions of peace and graciousness
towards these conspirators, as may, if comparison should be
made, put all former ages to silence, and be an astonishment
to all posterity.
We have referred the contemplation of religion to the
last place, to the end it may be more lasting in the memory
of the hearer, concerning a Prince so religious in himself
that, if we shall call him the most religious of Kings, what
King could take exception ? And then so favourable towards
the conspirators themselves as to yield unto them whatsoever
they have called religion, excepting only the extruding of
episcopacy, which nothing but ignorance, irreligion, and
heresy, can condemn as unlawful. Volumes might be written
in the justification of it. I will epitomize all that I might
say hereof in one sentence of St. Jerome (a Father who
wrote sparingly of the dignity thereof), who, speaking of the
Apostles' times, saith, that it was then instituted ut capite
constituto, schismata toller entur*; that is, that a Bishop
being made a head in his diocese, schisms, which are en
gendered in parity, might be removed for the time past,
and prevented for the future. But how now ? Episcopacy
by these conspirators must be taken away, although two
most pernicious vipers shall take life by this their resistance
— schism in the Church, and sedition in the Commonwealth.
The God and Lord of Hosts, who hath in his hands the
hearts of Kings and subjects, still incline our sovereign to
love and graciousness, and those his subjects to remorse and
thankfulness, and crown this his expedition with an honour
able, dry, and peaceable victory, for his son Jesus Christ's
sake, to wnom be all glory, praise, and thanksgiving, now
and for ever, Amen. a Hieron.

BP. OVERALL.] CONVOCATION BOOK. 185

CONVOCATION BOOK.
[bishop overall.]

That the Bishops of Rome have no Temporal Authority
indirectly over Kings and Princes, throughout the
Christian World, to depose them from their Kingdoms,
for any cause whatsoever.
Because we have been bold to use the authority of the
Cardinalized Jesuit against the ridiculous Canonists and
their companions, the new sectaries of the Oratory Congre
gation, concerning the Pope's Temporal authority over all
Kings and Princes in the world directly : we may not do him
so much injury as once to pretend that he favoureth either
us, or any point of truth (for our sakes) that we defend. It
may rather be ascribed unto him for a singular virtue (his
bringing up and course of life considered) if he study not to
impugn it with all the strength that he hath, either of his
wit or learning. Nevertheless, albeit he hath travelled ex
ceedingly in his books de Romano Pontifice, to advance the
Papacy to his uttermost ability, and had no purpose therein
(we are well assured) to give us any advantage (who do
oppose ourselves against the whole drift of those his books),
yet he hath so mustered and marshalled his matters and
forces together, as whilst he endeavours to fortify the Pope's
authority, and to encounter the assaults that have been made
against it, he hath done more for us, against his will, to the
prejudice of his master, whom he laboureth to uphold, than
we could ever have expected at his hands. Insomuch as we
are verily persuaded the time will come before it be long,

186 CONVOCATION BOOK. [BP. OVERALL.
that his works will be thrust into the Catalogue Librorum
prohibitorum ; because dealing with our arguments, as he
did in the said books de Romano Pontifice, and thinking
that he would no further yield to the truth, by way of objec
tion, than as he should be able sufficiently to refel it, it hath
often fallen out with him, as it will ever do with all impos
tors, that the very meaning of the truth, according to the
nature of it, hath (notwithstanding all his cunning) very
much prevailed against him, to the everlasting glory of her
own name, and forcible strength to discover errors, like to
the sun's to expel darkness. We will not here otherwise
make proof hereof, than, as by the matter we have in hand,
and are purposed to prosecute, we are after a sort urged
and compelled. For albeit hitherto he hath seemed to have
joined with us (as he hath indeed, more than now, we are
persuaded, he doth well vouohsafe), yet, foreseeing what
tempests he was otherwise like to have endured, in affirming
so peremptorily (as he did) that the Pope had no temporal
authority at all, as he was either Christ's or St. Peter's
Vicar : he minced his matter in the titles of his chapters to
that purpose with the word directe (whereof in his reasons he
never made mention) ; and then falleth upon this issue, that
indirecte, the Pope hath authority over all Emperors, Kings,
and Sovereign Princes, to hurry them hither and thither ;
to depose and remove them from their regal estates and
dignities ; to dispose of their kingdoms according to his own
pleasure ; to release their subjects of their oaths and obe
dience, and to thrust them into all rebellions, treasons, furies,
and what not against them. In the which his course this is
our comfort, that by direct dealing, the Cardiual did find no
ways or means how to withstand the truth ; but is driven by
indirect shifts and by-paths to oppose his labours (we fear,
reclamante conscientia) how, to save his own worldly credit,
he might cast a mist upon the truth ; if not to depress it
(which was not in his power), yet at the least to obscure it,
to darken it, and perplex it.
Some of the principal reasons which he hath used to this
purpose mentioned, are of this kind and consequence.
" Bona corporis, the good things that do appertain to the
body, as health especially, are to be preferred before bona

BP. OVERALL.] CONVOCATION BOOK. 187
fortunes, as the philosophers call them ; that is, riches and
all other worldly dignities and preferments whatsoever :
therefore the calling of physicians, the end whereof is the
health of men's bodies, is to be preferred before all other
temporal callings that are in the world. Or thus, natural
parents, be they Emperors, Kings, or Sovereign Princes,
do give unto their children their natural being only ; but
schoolmasters do adorn by instruction and beautify their
minds : therefore schoolmasters are more to be honoured by
young Lords and Princes, than are their Lords and Kings,
their natural parents. Or thus : one end why men were
first created, and afterward born, be they Kings or Princes,
Priests or private persons, was to live in the world ; but
for the supporting of men's lives, husbandry, and many other
occupations, are of greater importance and necessity, than
are either Kings, Princes, Lords, or civil Magistracy :
therefore those men's base callings are to be preferred before
the callings of the other. Or, as-if a man should reason thus :
they that have the chiefest charge of souls committed unto
them, are to be esteemed as men in this world of the highest
calling ; but all Christians generally, have every one of them
a greater charge committed unto them of their own souls,
than any sort of Priests or Ministers have : therefore every
Christian is in that respect, in calling and dignity, to be
preferred before the calling of any one Pastor, Priest, Pre
late, or Pope."3 Now after he hath dallied with such sophis
tications and comparisons betwixt the body and the soul, the
flesh and the spirit, he falleth upon some particulars ; the
more fully, as he saith, to express what he had formerly
delivered. The sum of which particulars is, that although
the Pope, as he is Pope, cannot ordinarie, ordinarily, depose
temporal princes, or make civil laws, or judge de rebus tem
poralibus ; yet, in ordine ad spiritualia, he may do them all.
And this he taketh upon him to prove by five main reasons0,
grounded (God knoweth) upon very weak foundations. Of
which his odd number, for the glory of them, this which
followeth is the first.
" Civil power is subject to Spiritual power when they
a Bell, de Rom. Pont. lib. v. cap. 6. c Ibid. cap. 7.
» Ibid.

b

188 CONVOCATION BOOK. [BP. OVERALL.
are both part of a Christian commonwealth : therefore the
spiritual princes may command temporal princes, and dispose
of their temporal affairs in ordine ad bonum spirituale, " in
order to a spiritual good." The antecedent of which argu
ment may briefly be refuted, for aught that he hath said to
justify it, in manner as followeth. For in saying, that this
subjection of the Temporal power to the Spiritual is but
where both these powers are part of one and the same
Christian commonwealth, he maketh the estate of Christian
Kings and Princes inferior and worse than the estate of
those that be infidels, whose Political power being no part of
any Christian Commonwealth, is not subject to the Eccle
siastical. Again, to prefer the Ecclesiastical authority of the
Church, for honour and dignity in this world, before the
Temporal authority of Kings and Princes, is, in effect, to
prefer the poor and base estate of our Saviour Christ, as he
was a mortal man here upon earth, subject to many wants,
oppressions, and injuries, before the glory and majesty of his
Divine Nature, in that Kings have their authority and
calling from Christ, as he is God : whereas all Ministers,
even St. Peter himself, and consequently the Pope, are but
Christ's Vicars and substitutes, as he was man, subject to
the said wants, miseries, and oppressions. Moreover, in
that every soul, by the testimony of St. Paul, is subject to
the power and authority of Temporal Princes ; and that they
must be so, not because of wrath only, but also for conscience
sake : forasmuch as the points of subjection there specified
are commanded to all men to be observed, et Sacerdotibus,
et Monachis, non solum scecularibus, " to Bishops and
Monks, and not to secular Priests only" (as Chrysostom a
saith by our interpretation, adding to these words of the
Apostle, " Let every soul be subject to the higher powers,"
etiamsi Apostolus sis, si Evangelista, si Propheta, sive
quisque tandem fuer is, " although thou art an Apostle, or an
Evangelist, or a Prophet, or whosoever thou art"), and be
cause, for aught we have read, none of the ancient Fathers
do herein dissent from Chrysostom, we hold it to be very
plain and evident to our understandings that the Ecclesiastical
a Horn, in Rom. 13.

BP. OVERALL.] CONVOCATION BOOK. 189
authority to be exercised in this world, by any manner of
Ecclesiastical persons whosoever, is inferior and of a lower
degree than is the authority and power of Temporal Kings
and Princes. For if the authority of such Ecclesiastical
persons, whether Apostles, Evangelists, Prophets, Bishops,
or Priests, either regular or secular, cannot exempt them
from the authority of Kings, it must follow of necessity that
it is subject and inferior to their Temporal power and
authority. Another of the Cardinal's reasons, whereby he would
gladly prove the Pope's indirect Temporal power (to omit the
rest of his absurd trifling about the first), is built upon a very
traitorous position, never heard of in the Church in the times
of the principal ancient Fathers. For how earnest soever he
seemed before in refuting their opinions who hold that no
Princes are to be obeyed if they be infidels, he thinketh
he is able to shift off that in effect with his juggling and in
direct fetches. These are his traitorous words : " It is not
r lawful for Christians to tolerate a King, being an infidel, or
a heretic, if he endeavour to draw his subjects unto his heresy
or infidelity ; but to judge whether a King doth draw his
subjects to heresy or no, doth belong to the Pope, unto
whom is committed the charge of religion ; and therefore it
belongeth to the Pope to judge, whether a King is to be
deposed or not." a Concerning the assumption of this argu
ment, touching the presupposed charge of the Pope in mat
ters of religion, over all the Churches in the world, we shall
have a fitter occasion to touch it, after a sort, in the next
chapter : now we will only briefly handle the falsehood of his
proposition, " Of the power of subjects over their sovereigns :"
where, after he hath abused a place in Deuteronomy, and
spent some idle conceits of his own, he writeth in this sort :
" Although Christians in times past did not depose Nero
and Diocletian, and Julian the Apostate, and Valens the
Arian, and such like, idfuit, quia deerant vires temporales
Christianis, ' it came to pass, because Christians did then
want temporal forces.' For that otherwise they might law
fully so have done, appeareth by the Apostle, 1 Cor. vi.,
a Bell, de Rom Pont. lib. v. cap. 7.

190 CONVOCATION BOOK. [BP. OVERALL.
where he commandeth new judges of Temporal causes to be
appointed by Christians, that Christians might not be com
pelled to plead their cause before a judge that was a per
secutor of Christ." Upon which text, the Cardinal maketh
this gloss : " Sicut novi judices constitui potuerunt ; ita et
novi principes, et reges propter eandem causam, si vires
adfuissent : ' as new judges might have been appointed ; so
might new Princes and Kings for the same cause, if the
Christians then had been able, by reason of their forces, to
have created to themselves such new Kings and Princes.' "
Thus the Cardinal ; who undoubtedly was brought into some
hard strait, or else he would never have written in this
sort. St. Peter and St. Paul lived and died under Nero,
who was a persecutor ; and shall we think that St. Peter
and St. Paul had taught the Christians in those days to have
thrust Nero from his imperial seat by force of arms if they
had been able ? Certainly it is a blasphemous assertion, and
worthy of as great a censure as if he had termed those holy
men, in plain terms, dissembling traitors, or denied the
Scriptures to have been written by the inspiration of the Holy
Ghost. Again, he himself is not ignorant how grossly he
lieth, even against his own conscience, in saying that it was
for want of strength that the Christians in the days of the
other persecuting Emperors did not rebel against them ;
Tertullian in express terms affirming the contrary : " first,
that they, the Christians in his times, wanted no forces to
have borne arms, and endangered the whole Empire ; and
secondly, that it was far from their hearts so to do, because
they had been taught otherwise by the doctrine of Christ in
his holy Gospel." Besides, it is apparent, that in and about
Tertullian's time, these four were Bishops of Rome, Victor,
Zephyrinus, Calixtus, and Urbanus : so as the Cardinal doth
in effect cast a great imputation upon them of negligence or
insincerity ; that the Christians in their days, wanting neither
number nor strength to have bridled their bad Emperors,
they by their Papal authority did not depose them. Diocle
tian began his empire about the year 288, during the time of
whose government, Gaius, Marcellinus, and Marcellus, were
Popes, when the number of Christians was greatly increased
throughout all the world ; and yet, for aught that appeareth

BP. OVERALL.] CONVOCATION BOOK. 191
to the contrary, no man living, either Pope, Priest, or Prelate,
did so much as then dream of this damnable doctrine. Ju
lian the Apostate began his reign about the year of Christ
360, and Valens eight years after him ; in whose times Li
berius and Damasus were Bishops of Rome, which Damasus
was a man that wanted no courage : nevertheless we do not
read that either he or Liberius ever attempted to excommu
nicate or depose either of those Emperors, or that they held
it lawful for them so to have done. In the space of time
betwixt Nero and Damasus, the most principal men of all the
ancient fathers lived, as Justinus Martyr, Irenseus, Clemens
Alexandriuus, Tertullian, Origen, Cyprian, Athanasius, Je
rome, and Augustin, who never had learned, nor did in
their times teach it for sound doctrine, either that the Chris
tians had authority to bear arms against their sovereigns,
or that the Bishops of Rome might lawfully depose Kings
and Princes, either for heresy or for cruelty, and thrust their
subjects (to serve their turns) into such furious and rebellious
courses. So as it was great boldness for the Cardinal, of
his own head, to broach so palpable an untruth ; especially
seeing it carrieth with it so many arguments to convince his
want herein of all honesty, sincerity, and conscience.
But why should we be so earnest with the man, con
sidering that, although it be certain that neither St. Peter
nor St. Paul, nor any of the said ancient Fathers or Popes,
ever thought it lawful to depose such Emperors and Kings
as before we have spoken of, when they should be able
through the numbers and forces of Christians so to do ; yet
the same did proceed in the most of them from their igno
rance and want of learning. " For," saith he, " that
Christians, if they had been able, might so have done, is
apparent by the Apostle's words ; where it is plain that
they had authority to make judges, and, consequently, that if
they had been able, they might have thrust the said wicked
Emperors from their thrones, and have made to themselves
new Kings of their own." Assuredly the devil himself did
never abuse any place of Scripture (for aught that we
remember) so palpably and grossly as the Cardinal doth this :
and therefore we will bestow no great pains to refute him.
It shall be sufficient briefly to observe, that in the judgments

192 CONVOCATION BOOK. [BP. OVERALL..
of Jerome, Augustin, Ambrose, and Chrysostom, the judges
which here the Apostle speaketh of, were only such as
might, by way of arbitrement, end such suits as arose among
Christians in those days, and not such judges as by law
and authority might have compelled them to have stood
to their sentences, for that had been indeed to have en
croached upon the authority of the civil magistrate, which
was far from the Apostle's intent and meaning. " And
therefore," saith Theodoret, " Sciendum est, Sec. It is to be
observed that these words (of choosing arbiters) do not
repugn to those things which are written to the Romans.
For here the Apostle doth not command Christians to resist
the magistrates, but willeth them that are injured not to use
the magistrates ; "a meaning, that it was fitter for Christians
to compound their causes and quarrels amongst themselves,
rather than, to the dishonour of their profession, contend
before such magistrates as were infidels, and were like
enough to despise and condemn them, because they could
not better agree amongst themselves. And the Cardinal's
own Doctor, commenting likewise upon this place, doth
write in this sort, " Sed videtur, Sec But that which is
here said by the Apostle doth seem to be contrary to that
which St. Peter saith, ' Be subject to every human creature
for God, whether to King as excelling, or to rulers as sent
by him.' b For it doth appertain to the authority of a Prince
to judge of his subjects, and therefore it is against the law
of God to prohibit that a subject should submit himself to
the judgment-seat of his Prince if he be an infidel. Sed
dicendum, Sec. But it is to be answered, that the Apostle
doth not here forbid, but that faithful men, living under
Princes that are infidels, may appear in their judicial seats if
they be called, for this were against the subjection which is
due unto Princes ; but he forbiddeth that faithful men do not
of their own accord voluntarily choose the judgment-seat of
infidels." ° But if these authorities will not serve, we will be
bold to present against him the judgment of a whole college,
first published in Rheims, and then set out again the secdnd
time by the same college at Douay, approved in both places ;
a Theodoret. in 1 Cor. vi. c Aqu. in 1 Cor. vi.
° 1 Pet. 3.

BP. OVERALL.] CONVOCATION BOOK. 193
at Rheims by Petrus Remigius, Hubertus Morus, Johannes
Lebesque, Guil. Balbus ; and at Douay by Will. Estius,
Barth. Petrus, Judocus Heylens, all of them great doctors
of divinity in those places, and one a Doctor of the canon
law, Vicar-General of the Archbishopric of Rheirns. The
said college, writing upon these words, " But brother with
brother contendeth in judgment, and that before infidels,"
saith thus : — " To be giving much to brabbling and litigious-
ness for every trifle, to spend a pound rather than lose a
penny, the Apostle much reprehendeth in Christian men.
For a Christian man to draw another to the judgment-seats
and courts of heathen Princes (which then only reigned),
and not to suffer their controversies and quarrels to be taken
up among themselves, brotherly and peaceably, was a great
fault." a What the Cardinal's friends will say of his per
verting the Apostle's meaning with so desperate an exposi
tion we are uncertain ; but of this we are sure, that the
estate of that Church must needs be very miserable that
cannot be upheld without so apparent injury done to the
Holy Ghost. Which observation we thought fit to make in
this place ; because he once having passed the bounds of
all modesty, or rather piety, is grown to that presumption
and hardness of heart against the truth, as that he dareth to
ground another of his reasons, to prove that the Pope hath
authority, indirectly, to depose Kings and Princes, upon
these words spoken to St. Peter, Pasce oves meas, " Feed
my sheep." Touching which words, because we have a
fitter place to entreat, we will here be silent, and address
ourselves to his fourth Reason, as idle and as false as any of
the rest.
These are his words : " When Kings and Princes come
to the Church, that they may be made Christians, they are
received cum pacto expresso, vel tacito, with a condition
expressed or implied, without any mention made of it, that
they do submit their sceptres unto Christ ; and do promise
that they will keep and defend the faith of Christ, etiam sub
pcend Regni perdendi, ' even under pain of losing their king
doms : ' therefore, when they become heretics or do hinder
¦ Rheim. Test, in 1 Cor. vi. 6.
VOL. III. O

194 CONVOCATION BOOK. [BP. OVERALL-
religion, they may be judged by the Church, and also de
posed from their principality, and there shall be no injury
done unto them if they be deposed." For answer whereof,
first, we say that in all the forms of baptisms which hitherto
have been published we cannot learn that there was ever
any such express covenant, as the Cardinal here mentioneth,
required of any King when he came to be christened. Bap
tism is the entrance ordained by Christ into the Church,
which is his spiritual kingdom ; and, agreeably to the na
ture of that kingdom, all who are thereby to enter into it,
of what calling or condition soever they are, as well poor as
rich, private persons as princes, are (according to the rules
of baptism practised in all the particular Churches in the
world, for aught that is known to the contrary) either them
selves in their own persons, or if they be infants by their
sureties, to profess their belief in Christ, and to promise
that " they will forsake the Devil and all his works, the
vain pomp and glory of the world, with all covetous desires
of the same, and carnal desires of the flesh ; and that they
do constantly believe God's holy word, and that they will
keep his commandments." The wilful breach of any of
which points, and perseverance in it without repentance,
doth indeed deprive every Christian man, of what calling
soever he be, from the interest he had (by his said profes
sion and promise when he was baptized) to the spiritual
kingdom of Christ in this life (that is, from being a true
and lively member of the Church and mystical Body of
Christ), and from the kingdom of glory in the life to come.
But that any man, by the breach of any promise made when
he was baptized, should lose that which he gained not by
his baptism, or that the Church did never receive any King
or Prince to baptism but either upon condition in express
terms, or by implication made either by himself or by his
godfathers, that he would submit his sceptre unto Christ,
that is, unto the Bishop of Rome (as the Cardinal's drift
showeth his meaning to be), and promise to keep and de
fend the Faith of Christ under pain of the loss of his king
dom, is certainly a doctrine of devils, and was never heard
of in the Church of Christ for many hundred years ; but is
utterly repugnant to the analogy of Scripture, and to the

BP. OVERALL.] CONVOCATION BOOK. 195
true nature of Christian Baptism. These secret intentions
(for, as we have said, there was never any form of baptism
that contained any such express contract as the Cardinal
speaketh of) of mental reservations and hidden compacts,
such as men were never taught in the Primitive Church,
nor ever dreamed of or suspected to be thrust into one of
the holy Sacraments, may well become the impostors of
Rome, but are altogether contrary to the meaning of Christ
and of his Holy Apostles : in whose days, he ''vthat believed
was baptized in the name of the Father, the Son, and the
Holy Ghost," without any such juggling or snares laid to
hazard and entangle men's temporal estates. There is
nothing in the Gospel whereof men ought to be ashamed,
or which will not abide the touchstone of truth, if it be
compared with the rest of the Scriptures ; or that doth not
promote the spiritual kingdom of Christ, it being called in
that respect evangelium Regni, " the Gospel of the King
dom." Now whether this underhand bargaining be suitable
or no with the sincerity of the Holy Ghost, or whether, if
it had been known in the Primitive Church that all men
who would submit themselves to the doctrine of the Gospel
and be baptized did thereby bind themselves to be subject,
and at the commandment of the Bishop of Rome for the
time being, under pain to lose all their worldly estates, the
knowledge thereof would not rather have hindered than
either promoted or furthered the good success of the Gospel ;
no man is so simple but he may easily discern it. Assuredly
the Grecians, who did so long oppose themselves against
the authority which the Bishops of Rome did challenge
over all Churches, were ignorant of this mystical point of
baptism : and so were all the Churches iu the world for
many ages, or else there would not have been so great stirs
in the world about the continual usurpations and encroach
ments of the Bishops of Rome, as are many ways testified
by sundry ecclesiastical histories. But we insist too long
upon this so ridiculous and impudent a fiction, and therefore
will come to the Cardinal's principal reason of the Pope's
said indirect temporal authority to toss Kings and kingdoms
up and down as he list.
" The Ecclesiastical Commonwealth," saith he, " must be
o 2

196 CONVOCATION BOOK. [BP. OVERALL.
perfect and sufficient of herself, in order to her own end
(for such are all commonwealths that are well instituted) ;
and therefore she ought to have all necessary power to the
obtaining of her own end. But the power of using and
disposing of temporal things is necessary to the Spiritual
end ; because otherwise evil Princes might, without punish
ment, nourish heretics, and overthrow Religion : and there
fore the Ecclesiastical Commonwealth hath this power."
Hitherto the Cardinal. The substance of whose argument
is, that the Church of Christ cannot attain to her Spiritual
end, except the Bishop of Rome have authority to dispose
of temporal kingdoms, and to punish Kings by deposing
them from their crowns, if he hold it expedient : for the re
futation of which vain and false assertion, there are very
many most direet and apparent arguments : we will only
touch some few of them. Our Saviour Christ in his days,
and the Apostles in their times, and the Primitive Churches
for the space of 300 years, brought the Ecclesiastical Com
monwealth (as here it is termed) unto her Spiritual end, as
directly and fully, as either the Bishops of Rome, or any
other Bishops have, at any time, done since ; and yet, they
took no power and authority upon them, nor did challenge
the same, of disposing of temporal kingdoms, or deposing
of Princes. Besides, if such an indirect temporal power be so
necessary in these days, for the upholding the Ecclesiastical
Commonwealth, as that without the same she cannot attain
the Spiritual end, or be a perfect Ecclesiastical Common
wealth, when there are so many Christian Kings andPrinces ;
then was the same much more necessary for the attainment
of the same end, in the said times of Christ, of his Apos
tles, and of the Churches in the ages following for 300
years, when the civil Magistrates were Pagans and Infidels,
and for the most part, persecutors of the truth. But we
hope we may be bold without offence to say, that there ap
peared then no such necessity of this pretended temporal
power and authority, in any Ecclesiastical persons, over Kings
and kingdoms, for the disposing of them ; and that, never
theless, the Ecclesiastical Commonwealth, in those times, did
attain her Spiritual end, and was as perfect an Ecclesiastical
Commonwealth, as it is now under the Pope's Government,

BP. OVERALL.] CONVOCATION BOOK. 197
notwithstanding all his temporal Sovereignty, wherein he so
rufHeth. Again, we are persuaded, that it cannot be shown
out of any of the ancient Fathers, or by any General Coun
cil, for the space of above 500 years after Christ, that the
Bishops of Rome were ever imagined to have such temporal
authority to depose Kings as now is maintained ; much less
was it ever dreamed of, during that time, that such authority
was necessary for the attaining the Spiritual end whereunto
the true Church of Christ ought to aim ; or, that the Eccle
siastical Commonwealth, ordained by Christ and his Apostles,
could not be perfect without it. It were a miserable shift, if
any should either say, that during all the times above-
mentioned, first the Apostles, and then the holy Bishops,
Martyrs, and Fathers after them, were ignorant of this new
temporal power, or at least did not so thoroughly consider of
the necessity of it, as they might have done ; or that, whilst
they lived, there could indeed no such matter be collected
out of the Scriptures, for that in those days the Scriptures
had not received such a sense and meaning as might support
the same : but that afterward, when the Bishops of Rome
did think it necessary to challenge to themselves such tem
poral authority over both Kings and kingdoms, the sense
and meaning of the Scripture was altered. But be this shift
never so wretched or miserable, yet (for aught we perceive)
they are in effect, and still will be, both in this cause and
many others, driven unto it : the Scriptures being in their
hands a very rule of lead, and nose of wax, as in another
more fit place we shall have occasion to show. Moreover, if
the Bishops of Rome have this great temporal authority over
Kings and Sovereign Princes, to preserve the state of the
Church here upon earth, that she may attain her spiritual
end, assuredly he hath made little use of it to that purpose.
For it is well known, and cannot be denied, that for the
first 300 years of Christ, the doctrine of the Gospel did
flourish far and near, in Greece, Thracia, Sclavonia, Hun
gary, Asia Minor, Syria, Assyria, Egypt, and throughout
the most part of Africa, where there were many very worthy
apostolical and notable Churches ; in the most of which
places there are scarce in these days any footsteps or visible
monuments of them. And although afterward, during the
o 3

198 CONVOCATION BOOK. [BP. OVERALL.
space of above 700 years, much mischief was wrought in
these parts of the world, better known unto us than the rest,
by sundry sorts of Scythians and northern people, yet
after the days of Gregory VII., when the Bishops of Rome
did most vaunt of this their sovereign power over Kings and
Princes, the Turks gained and encroached more upon Chris
tendom, still retaining that which they then had so gotten,
than at any time before. Whereby it is to us very evident,
that neither Christ, nor his Apostles, ever ordained, that the
means of building of the Church of Christ, and the con
servation of it, should consist in the temporal power or au
thority of any of their successors, to deprive Emperors or
Kings from their imperial or regal estates ; and that the
Bishops of Rome may be ashamed, that having had so great
authority in their own hands, extorted from the Emperors
and other Kings, per fas et nefas, since Gregory VII.'s
time, they have made no better use of it ; but suffered so
many famous countries and kingdoms to be utterly overrun
and wasted by Pagans and Infidels ; considering that they
pretend themselves to have so great an authority for no other
purpose, but only the preservation of the Church, that she
might not be prevented of her Spiritual end. But what
should we speak of the shame of Rome, whose forehead
hath been so long since hardened ? or ever imagine, that
Almighty God either did, or will bless her usurpations and
insolencies against Emperors, Kings, and Princes, for any
good to his Church, other than must accrue unto her through
her persecutions and afflictions ? For it were no great labour
to make it most apparent by very many histories, if we would
insist upon it, that the Bishops of Rome, in striving first to
get, and then to uphold (after their scrambling manner), this
their wicked and usurped authority of troubling and vexing
Christian kingdoms and states with their manifold oppres
sions and quarrels, have been some special means, whereupon
the Saracens, Turks, and Pagans have wrought, and by
degrees brought so great a part of Christendom under their
slavery, as now they are possessed of. For it is but an idle
and a vain pretence, that the preservation of as much of
Christendom as is yet free from the Turk and Paganism
is to be ascribed to the Bishop of Rome and his authority,

BP. OVERALL.] CONVOCATION BOOK. 199
that so the Catholic Church might attain her Spiritual end,
which ought to be the planting of Churches and conservation
of them; it being most manifest to as many as have any
wit, experience, and sound judgment, that as the very situ
ation of the said countries, which now Pagans enjoy, made
them very subject unto the incursion and invasions of Sara
cens and Turks, God himself, for his own glory, having his
finger and just operation therein ; so through his most mer
ciful goodness, and care of his Church, he blessed the situ
ation of the rest of Christendom, being now free in that
respect from those kind of violences, and endowed the hearts
of Christian Kings and Princes with such courage and con
stancy, in defence of Christianity, aud of their kingdoms, as
notwithstanding that the Popes did greatly vex them in the
meanwhile, they did mightily repel the forces of their
enemies, and most religiously uphold aud maintain the pro
fession of Christ : so as the preservation of the Gospel in
these parts of the world may more truly be attributed to the
working of the Spirit of God in them, than to the Bishops
of Rome, who have been the chief authors and occasions of
many incredible mischiefs.
Now, lastly, and for conclusion of this point, had not
Satan, with all power and signs and lying wonders, so
inveigled and seduced the hearts and minds of the adherents
to the See of Rome, as that by degrees they, leaving the
love of the truth, are therefore " given over by God unto
such strong delusions, that they should believe lies,"a (as
the Apostle speaketh); amongst many other of the gross
errors maintained by them, we might marvel at this, that
ever they durst take upon them, in these times of so
great light, to write and defend it with such resolution and
confidence, that the Ecclesiastical Commonwealth (as they
term it) cannot be perfect, nor attain her Spiritual end,
except the Pope may have the said temporal power and
authority to depose Kings ; considering how far the true
nature of the Church, which is the Spiritual Kingdom of
Christ,, and the true means and armour that Christ, our
Spiritual King, hath indeed ordained and appointed for the
a 2Tbess. ii. 10, 11.
o 4

200 CONVOCATION BOOK. [BP. OVERALL.
edification and defence of this his Spiritual Kingdom, and
for the attainment of the supernatural, and right end and
beauty of it, are repugnant to these their carnal and worldly
conceits. Touching the true nature of the Church, and
Spiritual Kingdom of Christ, we have before spoken : and
the true Spiritual end of the Church, being by teaching the
ways of truth, to bring as many as possible they can to the
knowledge of their salvation through Christ, so as by faith
they may become true members of his Spiritual Kingdom in
the life to come, the means ordained for that purpose do
contain the full duty and office of all Bishops and Eccle
siastical Ministers, who are furnished by Christ, neither
with temporal swords nor imperial authority to depose
Kings and Sovereign Princes, but ought to carry themselves
towards all men, especially towards Kings and Princes, if
they be either pagans or enemies to religion, as Christ him
self and his Apostles did, by preaching and praying for
them, by humility and patience to endure whatsoever punish
ment shall be thought fit to be imposed upon them for doing
of their duties, and never to intermit such their pains and
diligence to the end, that, if it please God to bless those their
ministerial great labours, their auditors of all sorts, private
persons, Kings and Princes, maybe brought to the knowledge
of the truth, that so Satan, being expelled out of their
hearts, Christ by faith may reign in them. To the effecting
of which, so great and so divine an alteration and change in
men's souls, there is no worldly force nor temporal sword
which will serve the turn. And therefore the Apostle,
speaking of this matter, doth write in this sort : " The
weapons of our warfare are not carnal ;"a as if he should
have said, — We do not come with troops of men to promote
the Spiritual kingdom of Christ, but with weapons of another
nature, with the glad tidings of the Gospel, with the doctrine
of salvation to all believers, and with the furniture of the
Holy Ghost ; which weapons are not weak, but mighty
through God, and able to cast down holds ; that is, all the
carnal forces of men, all principalities and powers that shall
presume to rise up against Christ. And through the
a 2 Cor. x. 4., &c.

BP. OVERALL.] CONVOCATION BOOK. 201
assurance and experience which both St. Paul and the rest
of the Apostles had in the force of these weapons, he saith
further, " that with them they overthrew Councils, and
every high thing that did exalt itself against the knowledge
of God, and that they brought into captivity all imagination or
understanding to the obedience of Christ : " away, then, with
the Pope's carnal weapons, and with all their illusions and
jugglings that seek to uphold them, for such weapons were
never ordained by Christ for his Apostolical warfare.

CAN. IX.
And, therefore, if any man shall affirm, under colour of any
thing that is in the Scriptures, either that the external
callings in this world of those men (as ministers and school
masters) that have to deal with the information of men's
minds and souls, are superior and to be preferred in honour
and worldly dignities, before the callings of Kings and
Sovereign Princes : or that because health is better, and
more to be desired in this life than any worldly preferments,
therefore the calling of physicians, who are ordained for the
health of men's bodies, ought to be superior to all other
worldly callings : or that the regal and political power of the
King, when it is part of a Christian commonwealth, is
thereby brought into greater servitude and thraldom than is
the regal and political state of ethnic Princes when the
same are no parts of a Christian kingdom : or that to prefer
the Ecclesiastical state for worldly authority, before the
state of Kings and Sovereign Princes, is not (in effect) to
prefer the humbled estate of Christ, as he was man, living
here upon the earth, before his glorious estate, after his
Ascension, and before the glory and majesty of his divine
nature : or that any Ecclesiastical authority which the
Apostles ordained, did either free them, or any of their
successors, from subjection to Kings and Princes, and to
their temporal authority : or that St. Peter, being an
Apostle, and so subject to the civil sword of temporal
authority, could lawfully, by any indirect device, challenge
any temporal power and dominion over Kings and Princes,

202 CONVOCATION BOOK. [BP. OVERALL.
for that had been to have extorted the temporal sword out of
their hands to whom it appertained, and to have incurred
again the commination of his Master, when He told him
how " all that take the sword shall perish with the sword :"
or that it is not a most profane impiety, tending altogether
to the discredit of the Scriptures, for any man to hold, that
St. Peter and St. Paul had so instructed the Christians in
their times, as that they knew, if they had been able, they
might, without offence to God, have deposed Nero from his
empire : or that the Christians in Tertullian's time, when
they professed, that notwithstanding their numbers and
forces were so great, as they had been able to have dis
tressed very greatly the estate of the Emperors (being then
persecutors), they might not so do, because Christ, their
master, had taught them otherwise, ought not to be a
sufficient warrant for all true Christians to detest those men
in these days and for ever hereafter, who, contrary to the ex
ample of the said Christians in the Primitive Church and the
Doctrine of Christ, which was then taught them, do endea
vour to persuade them, when they shall have sufficient
forces, to rebel against such Kings and Emperors at the
Pope's commandment, and to thrust them from their king
doms and empires : or that this devilish doctrine of animating
subjects to rebellion (when they are able) against their
Sovereigns, either for their cruelty, heresy, or apostacy, was
ever taught in the Church of Christ by any of the ancient
Fathers above-mentioned, during the reigns of Diocletian, or
Julian the Apostate, or Valens the Arian, or of any other
the wicked Emperors before them : or that it is not a
wicked perverting of the Apostle's words to the Corinthians
(touching their choice of arbitrators, to end dissensions
amongst themselves, rather than draw their brethren before
judges that were infidels) to infer thereof, either that St.
Paul intended thereby to impeach in any sort the authority
of the civil magistrates, as if he had meant they should have
chosen such judges, as by civil authority might otherwise
have bound them, than by their own consents to have stood
to their award, or to authorise Christian subjects, when they
are able, to thrust their lawful Sovereigns from their regal
seats, and. to choose unto themselves new Kings into their

BP. OVERALL.] CONVOCATION BOOK, 203
places : or that any of the said ancient Fathers or godly
learned men for many hundred years after Christ, did ever
so grossly and irreligiously expound the said place of the
Apostle as our Cardinalised Jesuit hath done : or that it can
be collected out of the Scriptures that either Christ or any
of his Apostles did at any time teach or preach that they
who meant to be baptized must receive that Sacrament upon
condition that if at any time afterward they should not be
obedient to St. Peter for his time, and to his successors,
they were to lose and be deprived of all their temporal
estates and possessions : or that it can be proved, either out
of the Scriptures, or by any of the said ancient Fathers, or
shown in any ancient form of Administration of Baptism
that ever there was any such covenant made by any such
faithful persons when they were baptized, or required of them
to be made by any that baptized them : or that if such a
covenant were by Christ's ordinance to be made in baptism,
it ought not as well to be made by farmers, by gentlemen
possessed of manors, and by lords of greater revenues and
possessions, as by Kings and Sovereign Princes : or that it
were not an absurd imagination to think that Christ and his
Apostles did only mean that Emperors, Kings, and Sove
reign Princes should be received to Baptism upon the said
condition : or that all Christian men ought not to judge that
the eleven Apostles, if they had known of any such bargain
or condition in Baptism, would have dealt as faithfully with
the Church, and in the behalf of St. Peter, in preaching and
teaching the same, as now our Cardinal, and other such like
persons of the Roman strain do, by their writing, publishing,
and maintaining of it in the behalf of the Bishops of Rome :
or that either Christ or his Apostles, knowing that Baptism
ought to be received with such a condition, did think it
convenient that the same should be concealed, not only
whilst they lived, but for many hundred years afterward,
until the Bishops of Rome should be grown to such a head
and strength as that they might, without fear of any incon
veniences, make the whole Christian world acquainted with
it : or that it is not an idle conceit for any man to maintain
that the renunciation of the effects of baptism doth deprive
men of their temporal lands and possessions, which they did

204 CONVOCATION BOOK. [BP. OVERALL.
not hold by any force of baptism ; or make them subject in
that behalf to the deprivation of the Bishops of Rome : or
that apostasy from Christ, put on in baptism, doth any
further extend itself than to the souls of such apostates in
this life, in that the Devil hath got again the possession of
them, and so depriveth them in this world of all the comfort
and hope they had in Christ, leading them on to the bane
both of their bodies and souls in the life to come : or that
any Ecclesiastical person hath any other lawful means to
reclaim wicked, heretical, or apostated Kings from their
impiety, heresy, and apostasy, than Christ and his Apostles
did ordain to be used for winning men at the first to em
brace the Gospel : or that Christ himself, while he lived,
did attempt, either directly or indirectly, to depose the Em
peror by whose authority he was himself put to death, as
holding that the Church could not attain to her Spiritual
end except he had so done : or, that by the death of Christ,
the Church did not attain to her Spiritual end without the
deposition of any Emperors or Kings from their regal
estates : or, that ever the Apostles in their days either
preached or wrote that the Ecclesiastical commonwealth could
not be perfect except St. Peter for his time, and after him
the Bishops of Rome, should have temporal power and
authority to depose Emperors and Kings, that the Church
might attain her spiritual end : or, that the Church in their
days did not attain to her Spiritual end, although no such
authority was then either challenged or put in practice : or,
that the Church could have attained to that her Spiritual
end in the Apostles' times, if the said temporal power and
authority had been then necessary for the attaining of it :
or, that our Saviour Christ and his Apostles did propound
a spiritual end unto his Church, and left no other necessary
means for the obtaining of it than such as could not be put
in practice either in their days, or for many hundred years
after : or, that the Churches of Christ, after the Apostles'
times, for the space of three hundred years, being wonderfully
oppressed with sundry persecutions, did not attain to their
Spiritual end, without this dream of temporal authority of
deposing Kings and Emperors, then their mortal enemies,
not in respect of themselves, but of the doctrine of salvation,

BP. OVERALL.] CONVOCATION BOOK. 205
which they taught to their subjects : or, that this new doc
trine of the necessity that the Bishops of Rome should have
temporal authority, either directly or indirectly, to depose
Emperors and Kings for any cause whatsoever (or that else
the Church of Christ should not be able to attain to her
spiritual end) was ever heard of, for aught that appeareth
for many hundreds of years after the Apostles' times, either
in any ecclesiastical history or any of the ancient Fathers by
us above mentioned : or, that the Bishops of Rome, with all
their adherents, whilst they would make the world believe
that the Church of Christ cannot attain her Spiritual end
except they have temporal authority indirectly to depose for
some causes Emperors, Kings, and Sovereign Princes, are
more learned now than either the ancient Fathers, or the
Apostles themselves were ; and that they know the sense of
the Scriptures better than either they the said ancient Fathers
did, or the Apostles that wrote them ; who (for aught that
was known for many hundred years) never preached, taught,
or intended to have any such doctrine collected out of their
writings and works : or, that it may, without great impiety,
be once imagined that if such a necessary point of doctrine
concerning the said great temporal power in the Pope over
Princes, as without the which the Church of Christ could
not attain her Spiritual end, had been known to the Apostles
and ancient Fathers, they would not have been as careful
and zealous to have preached and divulged the same unto
all posterity, as now the Bishops of Rome and their ad
herents are : or, that we ought not rather to believe that
the Bishops of Rome and their adherents, through their
forsaking the love of the truth, are given over by God unto
those strong illusions, that they should believe lies, and
maintain them as stiffly as though they were true, than
once to conceive that the holy Apostles and ancient Fathers
were either ignorant of this supposed temporal authority to
depose Kings and Princes for the end so often mentioned,
or thought it fit to dissemble it, or to write of it so darkly,
as for many hundred years it could not be understood : or,
that God hath not wonderfully blinded the hearts and un
derstandings both of the Popes and all their adherents in
this particular matter (amongst many others), in that the

206 CONVOCATION BOOK. [BP. OVERALL.
nature of the Church and Spiritual kingdom of Christ con
sidered, they dare presume to maintain it so confidently that
the said Spiritual kingdom of Christ cannot attain to her
Spiritual end without the Bishop of Rome's temporal
authority indirectly in some cases to depose Kings and
Sovereign Princes : or, that the true Spiritual end of the
Church consisting in this, that the Devil being banished
out of the hearts of all her true members, Christ may
retain his possession of them through their faith and dili
gence to repel Satan, who daily laboureth to regain to
himself his own possession ; it is not more than a kind of
frenzy to hold and maintain that any temporal authority
managed by the Pope, or by his commandment, against
Kings and Princes, hath any force or power to work or
procure this Spiritual end, either by expelling or repelling of
Satan, or to nourish faith, or to continue the reigning of
Christ in any men's hearts : or, that it is not an impious
and a profane assertion for any man to defend that the
weapons and armour of this spiritual warfare, undertaken
by Christ and his Apostles, and by all godly Bishops, and
true Priests and Ministers of the Gospel, are not sufficient
of themselves to procure to the Church her Spiritual end
without the Pope's carnal weapons or temporal authority to
depose Kings, when to him, with the assistance of his Car
dinals, it shall seem expedient, — he doth greatly err.

BP. BARLOW.] POPERY, ETC. 207

VI.
POPERY DANGEROUS TO PROTESTANT PRINCES.*
[bishop barlow.]

For my Honoured Friend, L. N. P.
Sir, — I received and read your letter, and this comes
to bring my humble service, and tell you so. In your letter
you tell me, first, of an inhuman and bloody design and
Popish plot, a traitorous and Roman Catholic conspiracy
(as you call it) against the sacred person and life of our
gracious King (whom God preserve) and many more (by
them) designed for ruin, and for the subversion of the
true religion established by law, and introducing Papal
tyranny, superstition, and idolatry. A design not only
unchristian, but inhuman and barbarous ; beyond all ex
amples of Turkish or Pagan cruelty ; nor has it (in any
story) any parallel impiety; unless, perhaps, that bloody
French massacre3, or the Gunpowder Treason ; all contrived
and carried on by men of the same desperate principles ;
and (though with the blood and ruin of many thousand in
nocent persons) to advance the Papal interest. Secondly,
you say that the Popish party decry this impious conspiracy
* [" Popery : or, the Principles and Positions approved by the Church of
Rome (when really believed and practised) are very dangerous to all ; and
to Protestant Kings and Supreme Powers more especially pernicious : and
inconsistent with that loyalty which (by the Law of Nature and Scripture)
is indispensably due to Supreme Powers." In a Letter to a Person of
Honour, by Dr. Barlow, Lord Bishop of Lincoln. " Rev. xviii. 4. ; Jer. xv.
6. : Come out of her my people, lest ye be partakers of her sins and plagues."
London, 1679.]
a Nuptias Parisinse et Laniena Protestantium in Gallia, aim. 1572. Vide
Thuanum ad dictum Annum.

208 POPERY DANGEROUS TO [BP. BARLOW.
as a state trick, without truth or reality, to make Catholics
(as they commonly miscall themselves) odious to the people
and this whole nation. This I believe (and know) they do.
As their plots and conspiracies, so their impudence to deny
or lessen them (when discovered) is monstrous, and (were
not their persons and principles known) incredible. So they
did (where, and when they durst) and still do call the Gun
powder Treason a state design, to make them, though they
were innocent, seem guilty and criminals." Thirdly, lastly,
you say, that several Papists tell you in excuse of Popery
and their party, that if, indeed, there be such a plot and
conspiracy, as is pretended, yet it is the only fault of those
persons concerned in it, not of Popery, or their religion ;
the principles and doctrine of their ^ Church giving no
ground or encouragement to such impious and anti-mo
narchical practices. This I believe too, because I find them
making the same apology for themselves, to take off the
guilt of the Gunpowder Treason. For without all truth or
modesty, they tell us in print b, " that the Gunpowder Treason
was more than suspected to be the contrivance of Cecil, the
great politician, to render Catholics odious ; and that there
were but very few of that religion (and those desperadoes
too) detected of it, &c, all sober Catholics detesting that
and all such conspiracies." c
Now these things premised, you desire to know of me,
whether I think these their allegations and apologies true ;
or if I think them untrue and insignificant (as you may be
sure I do) that I would give you some reasons why I do so.
In obedience therefore to your command, and to satisfy that
obligation that lies upon me (so far as I am able) to vindi
cate truth, and my Mother the Church of England, though
a In an Almanack commonly sold, and religion, as you shall see anon.
since his Majesty's happy return, called And Father Parsons calls Garnet (ex-
Calendarium Catholicum, the Gun- eeuted for high treason and the Gun
powder Treason is called Cecil's Con- powder conspiracy) an innocent man,
trivanee. It was printed 1662. who suffered "unjustly ; that he lived a
b The aforesaid Popish Calendavium saint's life, and accomplished the same
Catholicum, or Catholic Almanack, at with a happy death, dying in defence
the end of it, about holy days set apart of justice  In his book against the oath
by Act of Parliament. of allegiance, called, A Discussion of the
c And yet Ribadaneira, Bzovius, &c, Answer of Dr. William Barlow, &c, pp.
reckon those Gunpowder traitors among 22, 23.
the eminent martyrs for their Church

BP. BARLOW.] PROTESTANT PRINCES. 209
I have little time, and few books here, being absent from my
own, save what I borrow of my friends, I shall endeavour to
say something, which may, I hope, be pertinent, towards the
conviction of our adversaries, and your satisfaction. And
here, I shall plainly set down, —
I. The position I undertake to make good.
II. The proofs and reasons of it.
I. The position is this : — " The doctrine and principles
of Popery, owned by the Church of Rome, when believed
and practised, are not only dangerous, but pernicious to
Kings, especially to those who are Protestants, prejudicial to
the just rights of monarchy, and inconsistent with that
loyalty, which by the laws of nature and Scripture is due to
them ; and particularly to our Kings, by the established and
known laws of England, made anciently, even by Popish
Kings and Parliaments, against Papal usurpations and
anti-monarchical practices." And here (because it is im
possible distinctlyto show how Popish principles are danger
ous to our Kings, and prejudicial to their just rights and
Royal prerogative, unless we first know what that preroga
tive and those rights are) I shall inquire,
1. What the Jura Cor once, the rights and prero
gatives of the Imperial Crown of England are, as
to our present concern.
2. How Popish doctrines and principles may be danger
ous or pernicious to them.
1 . For the first ; that England is a monarchy, the Crown
imperial, and our Kings supreme governors, and sole su
preme governors of this realm, and all other their do
minions, will (I believe, I am sure it should) be granted ;
seeing our authentic laws and statutes do so expressly, and
so often say it. In our Oath of Supremacy we swear that
that the King is the only supreme governor. Supreme, so
none, not the Pope, above him : and only supreme, so none
co-ordinate or equal to him. So that by our known laws,
our King is solo Deo minor, invested with such a supre
macy as excludes both Pope and people and all the world,
God Almighty only excepted, by whom Kings reign, from
having any power, jurisdiction, or authority over him. For
this sovereignty and supremacy belonging to our Kings,
VOL. III. p

210 POPERY DANGEROUS TO [BP. BARLOW.
and the Imperial Crown of England is asserted not only by
the statutes of Queen Elizabeth % King James b, and
Charles II. c, Protestant Princes ; but even those statutes
made by Popish Princes and Parliaments declare the same :
I instance only in Richard II. d, Henry VIII. e, and Queen
Maryf, though all the statutes of provisors were pertinent
to this purpose. That Richard II. and his Parliament
were Roman Catholics is manifest ; and it is as certain,
that Henry VIII. and his Parliaments, when the statutes
cited were made, were so too. For it is evident, that those
statutes were made ann. 24 and 25 Hen. VIII., that is,
A.D. 1532 and 1533, when neither he nor his adherents
were excommunicate, but actual members of the Romish
Church then, and for some years after. For though Pope
Paul III. was angry about it, a.d. 1535, yet he did not
actually excommunicate him or his adherents before the
year J 538 g, which was six years after Henry VIII. and
his Popish Parliament had vindicated the rights of the
Imperial Crown of England against the irrational and un
just pretences and usurpations of the Pope ; and declared
that the supremacy both in Ecclesiastical and Civil things,
ever did, dejure, belong to the Imperial Crown of England,
not to the Pope's mitre ; he having no more to do in Eng
land {jure proprio, or by any law of God or man) than
Henry VIII. in Italy. And that Parliament of Queen
Mary (cited in the margin), although a Popish Parliament,
yet declares fully for the Queen's supremacy (which to
some may seem strange) : for that act expressly says,
— "1. That the Imperial Crown of this realm, with all its
prerogatives, jurisdictions, &c. was descended to the Queen.
2. That she was the Sovereign and Supreme Governor of
all her dominions, in as full, large, and ample manner, as
a Vid. stat. 1 Eliz. cap. 1. 5., Eliz. s Parliamentum secundum 2 Maria:,
cap. 1. and 13., Eliz. cap. 2. cap. 1.
6 Vid. 1 Jac. cap. 7., et 3 Jac. cap. 4. « The Bull by which Hen. 8. was ex-
c Vid. 12 Car. 2. cap. SO., in the pre- communicated, was dat. Romas 16 Cal.
amble. Januarii, Pauli Papa; III. ann. 5. Vid.
d Stat. 16 Rich. 2. cap. 5. Bullarium Cherubini, torn. i. p. 704.
e Stat. 24 Hen. 8. cap. 12., 25 Hen. Edit. Lugduni, 1655.
8. cap. 19., 37 Hen. 8. cap. 17., and 26
Hen. 8. cap. 1.

BP. BARLOW.] PROTESTANT PRINCES. 211
any of her progenitors (therefore in as ample a manner as
her father Henry VIII.). 3. That by the most ancient
laws of this realm, the punishment of all offenders against
the regality and laws of this realm belonged to the King,
&c." So that even a Popish Parliament acknowledges and
declares the Kings of England possessed of such a supre
macy over all persons, and that by our most ancient laws,
that he may punish all offenders, clergy or laity, against
the laws and his regality. How contradictory to this, the
Trent Council and the doctrine of the Roman Church is, you
shall see anon. But for the supremacy of the Kings of
England, according to our ancient and later laws, I refer
you to the learned in those laws a, who will give you a clear
declaration of this supremacy, and a just vindication of it
from those impertinent and seditious objections brought
against it by some, who, enslaved to Rome, have cast off
loyalty to their King, and love to their country.
And, lastly, as for the supremacy of Kings, so far as it
concerns the laws of God, natural or positive, and Divines
to determine it, I refer you to the answer of the University
of Oxford" to a letter of Henry VIII., requiring their
judgment in that point; to the Articles of Edward VI. c;
of Queen Elizabeth4; the Articles of Ireland"; the In
junctions of Elizabeth f ; the Canons of James I.8; and the
Canons (sub Carolo Martyre) 1640 h ; besides the writings
of many particular learned men : in which you may see the
judgment of the Church of England concerning supremacy,
and the loyalty due to our King, clearly and fully expressed ;
and in the late unhappy Rebellion more truly professed and
practised by her sons than Papist, Presbyter, or fanatic
(though some of them vainly brag of their loyalty), can with
any just reason pretend to. If you desire further satisfac
tion and evidence for the supremacy of Kings, particularly
of our Kings and the Roman Emperors, even in Eccle-
a Vid. Coke's Reports, Part 5. de » Art. 5"Eliz. 1562, art. 37.
Jure Regis Ecclesiastico ; and Calvin's e Articuli Hibernias, 1615, sect. 57.
Case, 7 Report, Sir John Davis's Re- f Editie 1559, in calce post Injunc-
ports, in the case of Praemunire, &c. tionem, 53.
b Vid. Literas Acad. Oxon. Hen. 8. e Canones, 1603, can. 1, 2.
dat. 27 Jul. 1534. h Can. 1640, can. 1. &c.
c Art. Ed. 6. 1552, art. 36. p 2

212 POPERY DANGEROUS TO [BP. BARLOW.
siastical matters, you know, and at your leisure may con
sult, the collections of our Saxon a and the imperial laws b,
where you may have sufficient and abundant evidence that
(as to matter of fact, never questioned in those days) those
Emperors and Kings made many laws and constitutions in
Ecclesiastical matters which concerned the Church, as well
as Civil, which concerned the State. And, if you desire it,
I can show you an original MS., agreed upon and approved
by the convocations of both provinces, Canterbury and York,
and subscribed by both Archbishops, and several of each
province, wherein it is clearly shown, so far as Scripture and
other records of those times mention them, that Kings from
the beginning of the world till our blessed Saviour's time,
did, and, dejure, might exercise an Ecclesiastical as well as
Civil jurisdiction and supremacy, especially the Kings of the
Jews, his own people, which monarchy was of God's own
and particularly divine institution. These things premised,
I come now to show you, in the second place, how danger
ous, and when and where they have power to put them in
execution, how pernicious, Popish principles are to the
persons of Kings and their just rights and prerogatives.
And here I say, —
2. That many of their Popish principles and generally
approved and received doctrines are not only dangerous, but
destructive to, and inconsistent with, the just sovereignty
and supremacy of Kings. Because they generally say, and,
in a thousand books written to that purpose, industriously
endeavour to prove it, that all Kings and Emperors are so
far from being supreme, that they are subject to the Pope as
to their superior Lord, to whom they owe service and
fidelity. That this may appear, consider, —
1. The Emperor, when he comes into the Pope's pre
sence, as soon as ever he sees him, he must, his hat off and
bare-headed, bow till his knee touch the ground, and worship
the Pope ; and coming nearer must bow again ; and when
he comes to the Pope he must bow a third time, and de
voutly kiss the Pope's foot. The Emperor must worship the
a See our Saxon Laws by Mr. Lam- » Vid. Cod. Theodosianum, cum" doc-
bert. Spelman, Concil. torn. vii. Whe- tiss. Gothofred. notis et Cod. et Novellas
logus, &c. Constitut. Justiniani.

BP. BARLOW.] PROTESTANT PRINCES. 213
Pope with the incurvations, or bowings of body, even to the
ground ; and then, bare-headed, and on his knees, devoutly
kiss the Pope's foot.a Execrable and prodigious pride !
The Pope, without all truth or probability, vainly and
ridiculously only pretends to be Christ's Vicar, and so, if it
were true, is less than his Master ; and yet our blessed
Saviour never required nor had such adorations, incurva
tions, or kissings of his toe of any, much less of Kings or
Emperors. Nor would any man require such but the " man
of sin, who exalts himself (takes that greatness which God
never gave him) above all that is called God, or wor
shipped ;"b that is, above all Kings and Emperors. Well,
but does not the Pope in this case show some respect and
civility to the Emperor ? Does he not uncover his head or
bow his body, &c, ? No ; for the same authentic book
of the Sacred Ceremonies of the Holy Roman Church
tells us, " That the Pope never gives any reverence to any
mortal whomsoever, either by rising up apparently, or by
uncovering or bowing his head. Only (says that Cere
monial) when the Emperor has kissed the foot of the Pope,
sitting in his chair, he riseth up a very little to him ; and so
he does sometimes to great Princes."0 Whether this can
stand with that supremacy, which by Divine law, natural
and positive, is due to Kings, to be so far subject and slaves
to the Pope, let Kings, who are most concerned, and the
world judge. And it is to be considered that the book I
cite for those passages concerning the Pope is no apocry
phal or non-licensed pamphlet, containing the inventions of
some private person, but it contains the sacred ceremonies of
the Roman Church, collected by Marcellus, Archbishop of
Corcyra, dedicated to Pope Leo X., printed at Rome, and
highly approved and commended by their eminent writers.0
a Caesar, ut primum Ponti6cem videt, mortalium, reverentiam facit, assurgendo
ilium detecto capite, genu terrain tan- manifesto, caput inclinando, aut dete-
gens veneratur : et iterum cum appro- gendo. Romano autem Imperatori,
pinquet ad gradus sedis Papse, genu postquam ilium sedens ad osculum pedis
flectit ; ac demum cum ad Pontificis suscepit, aliquantulum assurgit mag-
pedes pervenerit, illos devote osculatur. nis etiam Principibus. Privatim ad-
— Sucrarum Ceremon. Sanctce Rom. Ec- ventantibus, cum non est in Pontifica-
clesiee, lib. i. tit. 5. p. 22. col. 3. Edi- libus, aliquantulum assurgit tanquam
tionis Rom. ann. 1560. reverentiam faciens, &c. — Dictus Liber
b 2 Thess. ii. 3, 4. Sacrar. Ceremon. lib. iii. p. 113. col. 2.
c Pontifex Romanus nemini omnino d Liber valde probatus, says Pos-
p 3

214 POPERY DANGEROUS TO [BP. BARLOW
2. But this is not all ; the poor Emperor must do the
Pope, his great superior and master, more service, and be
his groom, or, at best, gentleman of his horse." He must
hold the Pope's stirrup till he get on horseback, and then
lead the horse for some paces. Ccesar traditis sceptro et
pomo, uni ex suis prcevenit ad equum Pontificis, et tenet
stapham, quoad Pontifex equum ascenderit, et deinde ac-
cepto equifrceno, per aliquot passus ducit equumPontificisb :
and the Emperors have de facto executed this mean office,
which was impious and prodigious pride in the Pope re
quiring or permitting, and degenerous in the Emperors in
performing it. So the Emperor Sigismund c held the
stirrup of Pope Martin V., and the Emperor Frederick of
Alexander III.d, &c. And the same Frederick had done the
same to Pope Adrian IV.e, if Baronius say true. In con-
spectu exercitus sui, Fredericus officium stratoris cum
jucunditate implevit, et streguam fortiter tenuit. And that
it might be remembered, Baronius has put this note in the
margin : Ut Reges et Imperatores inserviant Papce.1 And
in the margin of the next paragraph, Rex implet munus
stratoris Papce?
3. Nor is this all : the Emperor must swear fealty to
the Pope ; and that he will be his proctor, to defend and
maintain all his rights and honours, Sec, in this form :
Ego Rex Romanorum futurus Imperator, promitto et
juro, me de ccetero protectorem et procuratorem fore
summi Pontificis, in omnibus necessitatibus et utilitatibus
suis, custodiendo et conservando possessiones, honores,
jura, h &c. Thus Pope Innocent III. made our King John
swear fidelity and allegiance to him in this form : Ego Jo
hannes Rex Anglice, fidelis ero Ecclesice Romance ac
sevin, in Apparatu Sacro, in Christ. Mar- " Baronius, Annal. torn. xii. ad ann.
cello. 1177. sect. 124.
a He must execute Stratoris Officium * Idem. Annal. torn. xii. ad ann. 1 1 55,
(he Yeoman -of the Stirrup) says Card. num. 13, 14.
Baronius, Annal. torn 12. ad ann. 1177, f Ibid. num. 13.
sect. 38. s Ibid. num. 14.
. ° Dicto Saerarum Ceremoniarum, lib. h Sacrar. Ceremoniarum S. Rom. Ec-
i. tit. 5. p. 26. col. 3. clesise lib. i. tit. 5. p. 23.
c Tho. Walsingham, Hypodig. Neu-
stria;, p. 588.

BP. BARLOW.] PROTESTANT PRINCES. 215
Domino meo, Innocentio Papce III, &c.a And before this,
Pope Gregory VII. (that prodigy of wickedness and papal
tyranny) sends Hubertus to William the Conqueror, " re
quiring him to swear allegiance and fidelity to him and his
successors."15 It is true that the Conqueror had under
standing enough to know his royal rights, and the Pope's
unjust pretences ; and so (as well became a King) pe
remptorily refused to take any such oath. Fidelitatem
facer e nolui (says he in his letters to the Pope) nee volo.
However, hoc Ithacus vellet, this power they pretended to,
and, as they had ability and opportunity, required it ; and
we may be sure, when they have an advantage and power,
they will both require and severely (by interdicts, anathemas,
and excommunications) exact it. And well they might, if
they had that vast power and jurisdiction over Kings which
the Canonists, Jesuits, Schoolmen, Casuists, Summists, and
their greatest writers generally give them. I shall, of
many, give you some few instances.
4. Cardinal Pole, after he had said, and, as he thought,
proved, that the King was the product of the Pope and
people, by them created and made King, and that the
office of the Pope and Priest was the office of a father, the
King being his son, he adds, that ojficium patris est
prorsus majus Regio et divinius.c And then he has put
these words in the margin, that they might be taken into
special consideration, " the Priest commands the King, but
the King cannot command the Priest." d The Priest then is
superior, and the King his subject : and so good night to
the King's supremacy. And a little before he says,
" Henry VIII. imitated the pride of Lucifer when he made
himself Vicar of Christ." e This is pretty well ; but as the
Pope desires, so the Cardinal and others generally give him
more, Petri cathedram super omnia Imperotorum solia, et
" Hen. de Knighton, de Eventibus nium Badum Asulanum, p. 25, 26. It
Anglije, lib. ii. p. 2420 ; et Math. West- is in folio, but the year when it was
monast. ad ann. 1213, p. 272. printed not expressed.
b Ut sibi et successoribus fidelitatem d Sacerdos in suo munere Regi praeci-
faceret. — Baronius, Annal. torn. xi. ad pit, non contra. — Ibid. p. 26. col. 1.
ann. 1079, num. 25. e Henricus Rex Luciferi superbiam
c Libro ad Hen. 8. pro Ecclesiasticae imitatur, dum se ipse Vicarium Christi
Unionis Defensione. Romje, apud Anto- constituit. — Ibid. p. 17. col. 1.
p 4

216 POPERY DANGEROUS TO [BP. BARLOW.
omnia Regum tribunalia constituit Christus." The Pope,
by their divinity, is jure divino superior to all Kings and
Emperors : and yet St. Paul b (equal to St. Peter, and far
above any of his successors) acknowledges that the Em
peror, and he a Pagan, was his judge and legal superior,
and as such appeals to him. c Azorius, a great and learned
person, confirms the Cardinal's opinion ; and tells us " that
the Emperor, by the law of God, is subject to the Pope
even in temporals.'"1 And since him, a learned man, and
Prior-General of his Order, tells us " that the Pope's empire
is over all the world (Pagan and Christian), and that he is
the only Vicar of God, who has supreme power and empire
over all Kings and Princes of the earth."6 And again,
Sicut unus est Deus, Monarcha omnium, sic inter homines,
nnus debet esse Princeps et Monarcha, qui omnibus mor-
talibus prcesit et dominetur, Dei scilicet Vicarius. Non
igitur Petrus sub Rege, sed Reges sub Petro esse debent,
sibique et suis successoribus incarvari tenentur, et colla
submittere.' And a little after, Unus Dei Vicarius om
nium Princeps et Dominus, cui Imperatores, Reges, et
potestates omnes humiliter obediant, sintque subjecti? And
good reason they should be so, if he say true, for Princes
have all their power and authority from the Pope. Sicut
luna accipit lumen a sole, sic Regia potestas recepit autho-
ritatem, non aliunde nisi a Papa. And for the proof of
this he cites two great lawyers h (and might have cited a
hundred more), Johannes Andreas and Hostiensis, Multas
rationes qfferunt Johannes Andreas et Hostiensis, quibus
probant, Papam esse Principem et Monarcham et su
periorem Lmcorum omnium et Clericorum} Nay, it is the
duty of all Kings to suffer the Pope to domineer over them :
debet potestas spiritualis temporali dominari* Nay, they
a Polus Card, de Concilio, p. 91 edi- Imperium super omnes Reges et Prin-
tionis in 8vo._ cipes terree. — Blasiiis Bagnus de S.
° 2 Cor, xi. 5., and 2 Cor. xii. 11. Romance Ecclesia Dignitatibus, tract. 7.
c Acts, xxv. 10, 11. p. 83.
d Imperator Papa? jure Divino sub- ' Ibid. p. 84.
jectus, etiam in temporalibus. — Azo- e Ibid. p. 85.
Rius, Institut. Moral, torn. ii. lib. *. cap. " Ibid. p. 85.
6. p. 1041. 'Ad Can. Nemo. 13. et Can. Alio-
0 Umcus Dei Vicarius Pontifex Ro- rum. 14. caus. 9. qua;st. 3.
manus, habet summam potestatem et k Glossa ad cap. Unam Sanctam. De

BP. BARLOW.] PROTESTANT PRINCES. 217
are damned if they do not submit : for so the lemma or
title to that impious Extravagant of Pope Boniface VIII.,
Omnes Christi fideles (the text and gloss expressly say it)
de necessitate salutis subsunt Romano Pontifici. Qui
utrumque gladium habet, et omnes judical, et a nemine
judicature The Pope has both swords, that is (as their
infallible judge, the Pope, falsely and ridiculously expounds
it), both the spiritual and temporal power, and is supreme
Monarch above all Kings. Nay, further, they blasphemously
say that our blessed Saviour had not done discreetly, unless
he had left such a supreme Monarch over his Church at his
Ascension to govern the world : Non videretur Dominus
fuisse discretus, nisi unicum post se talem vicarium re-
liquisset? And to fill up the measure of their blasphemy against
God, and their sordid and impious flattery of the Pope,
hence it is that they declare the Pope to be more than man.
Papa stupor mundi — Qui maxima rerum —
Nee Deus, nee homo, quasi neuter es inter utrumque.c
So the gloss upon the Clementines, in their Canon Law.
And the famous inscription (if I forget not) on an altar at
Rome is as blasphemous, or rather more, as the former. The
words are these : Paulo V., Vice-Deo Pontificice omni-
potentics vindici acerrimo, Sec ; where, although Vice- Deus
signify something less than God, yet omnipotence blasphe
mously attributed to the Pope must signify that he was
more than man. But there is another gloss which does not
. mince the matter, but in plain words speaks downright
blasphemy : in which it is Dominus Deus noster Papa?
So that these glosses, though they agree in impiety, and are
both blasphemous, yet they contradict each other ; the one
Majore et Obed. in Extravag. Commun. b Glossa ad dictum cap. Unam Sanc-
verbo Porro subesse, in Respect, ad 3. tarn.
Argumentum. c Glossa verbo Papa ad Prooemium
1 Luc. xxii. 38. 1. It cannot appear Clementinarum.
that Peter had them both. 2. Nor that a Glossa ad cap. Cum inter. 4. verbo
they were given him by Christ. 3. Nor Declaramus. De Verb. Signif. in Ex-
that they signified two distinct powers, travag, Johan. xxii.
4. Nor that Peter might use them both,
who was severely condemned for using
one. Matt. xxvi. 51, 52.

218 POPERY DANGEROUS TO [BP. BARLOW.
saying that the Pope is God, the other that he is neither
God nor man. Now, if this be true, I desire some of their
Canonists would inform me what they think the Pope is ;
for if, according to their law, he neither be God nor man,
seeing, I suppose, it will be granted that he is a rational
creature, and no good angel, be must be by their law and
logic an incarnate devil. I do not call him so ; but only
show what, by the just consequences of their impious and
blasphemous glosses, he must be.
5. And here it may not be unworthy of our observation,
that although Thomas Manrique, Master of the sacred
Palace, in the year 1572, thought fit to have this impious
gloss left out, and has, in print, published his opinion a ; yet
Pope Gregory XIII. thought otherwise, and approves and
passes this blasphemous gloss, with such others b, and so it
still remains in the Roman c and Parisian editions.4 Now,
although the Congregatio Indicis and their inquisitors, in
their Indices Expurgatorii take particular notice of, and damn
such sentences as these, though principles of Christian reli
gion evidently contained in Scripture, Abraham fide Justus.'
Christus credentibus salus.1 Justitia nostra Christus?
Omnes sumus peccatores h, I say, though they constantly
damn such sacred truths, and command them to be ex
punged, yet this impious gloss, making, as they think, for
the Pope's absolute monarchy, stands untouched in their last
and best editions of their Canon Law. Only they have in
the last edition I have yet seen, added this note in the mar
gin, over against the gloss : Hcec verba sano modo sunt
accipienda.1 And that is (according to the meaning of
Johannes Andreas, the author of that gloss), those words
must be taken so as they make most for the Pope's su
premacy ; for so it immediately follows : Prolata enim sunt
ad ostendendam amplissimam esse Pontificis Romani po
testatem.

a Censura in Glossas Juris Canonici. * Index Expurgat. Hispan. Juxta
Colon. 1572, pp. 13, 14. 52. exemplar. Madriti, 1667, p. 99.
b Vide Bullam ejus datam Roma?, I f Ibid. p. 112. col. 2.
Jul. 1 580, praifixam Juri Canon. Paris. « Ibid. h Ibid.
1612. i Edit. Jur. Canon. Paris. 1612, Cle-
" Ann. 1580. ment. col. 4. in marginc ad Procemium
a Paris. 1612. Clementinarum.

BP. BARLOW.] PROTESTANT PRINCES. 219
Now, this supremacy of the Pope being granted (which
their Lawyers, authentic laws, their Canonists and Councils,
and all their greatest writers, Jesuits especially, generally
contend for), it evidently follows, that the Pope is the sole
and only supreme power on earth ; and so all Kings and
Emperors are, and must be his subjects, and so must lose
that supremacy, which, by the laws of nature and Scripture,
does dejure belong to them ; for they say, and industriously
endeavour to prove this absolute supreme power and mon
archy of the Pope over all Kings and Emperors in the
world. I shall, to satisfy you, bring two or three more wit
nesses to prove it.
(1.) Abraham Bzovius tells us, 1. That the Pope is mon
arch of all Christians (Kings and Emperors included). 2.
That he is supreme over all mortals. 3. That there lies no
appeal from him. 4. That he is judge of Heaven, and in
all earthly judgments supreme. 5. That he is the arbitrator
of the world." These, and many more such, Bzovius indus
triously endeavours to prove out of their Popish authors.
Nor is his book any surreptitious work, clandestinely pub
lished, such as Rome would not own ; for it comes out with
all the solemn approbations and commendations of his supe-
periors, and the Apostolic Inquisitor, who thus approves
Bzovius's book (and so all the above-mentioned extravagant
and anti monarchical positions) : seeing it sufficiently ap
pears, by the approbations of the Doctors, and the author's
famous name, that the learning of this present work is sin
gular, and the doctrine solid, both in faith and manners,
therefore I think it fit to be published, for the common utility.11
So that this doctrine of the Pope's supremacy above all
Kings and Emperors is not Bzovius's private opinion, but
has the approbation of the Roman Church (at least in the
judgment of those who approved it), being attested by those
who, by that Church, are empowered for that purpose.
a Abrah. Bzovius de Pontifice Ro- De Pontifice Romano praefixus; in Ap-
mano, Coloniae Agrip. 1619, says, 1. probatione Inquisitoris Apostolici. . . .
Papa est Christianorum Monarcha, cap. Cum de pra;sentis operis singulari eru-
1. 2. Mortalium supremus, cap. 3. 3. ditione, solidaque in fide ac moribus
A quo provocatio nulla, cap. 1 6. 4. Ju- , doctrina, tam ex doctorum calculo,
dex cceli, et in Judicio terreno supremus, quam ex authoris celebri nomine satis
cap. 32. 5. Arbiter Orbis, cap. 45. constet ; censeo ut ad communem uti-
0 Vide Approbationes libro Bzovii, litatem excudatur, &c.

220 POPERY DANGEROUS TO [BP. BARLOW.
(2.) My next witness is Isiodorus Mosconius (Vicar-
General to the Archbishop of Bononia, and a learned Lawyer),
who tells us, that the Pope is universal judge ; King of
Kings, and Lord of Lords, because his Power is of God ;
that God's tribunal and the Pope's is one and the same, and
that they have the same consistory, and therefore all other
powers are his subjects ; and that the Pope is judged of none
but God ; not of the Emperor or Kings, or of the Clergy or
Laity.a And he cites many of their Canons and Councils,
which, as positively as he, say and prove the same thing.
(3.) Celsus Mancinus (De Juribus Principatuum^ovasa,
1596, lib. iii. cap. 1, 2.) is not far short in attributing an
absolute supreme power to the Pope, even in temporal things.
For in the place cited he tells us three things (which he
fully proves out of their best authors) : " 1 . That the Pope is
Lord of the whole world. 2. That the Pope (as Pope) has
temporal power. 3. That this temporal power of the Pope
is, of all other powers in the world, most eminent ; and all
other powers depend on the Pope." b But let this pass ; I
shall cite you a greater authority, which will not only tell you
that the Papal power is greater than Regal and Imperial, but
how much it is greater : for,
(4.) Pope Innocent III. (as infallible as any of his suc
cessors) tells us, that the Papal power is as much greater
than the imperial, as the sun is greater than the moon0;
and the gloss there says, that is, forty-seven times greater.d
He who put the note in the margin there thinks this too little,
and therefore he says, Quinquagies septies, the Papal power
is, according to his arithmetic, fifty-seven times greater
than the Imperial. A man would think, that by these ac-
0 Isiod. Mosconius, de Majestat. Ec- b Mancinus, loco citato, ait, I. Papa
clesise Militantis, lib. i. cap. 7. p. 26. est totius orbis Dominus. 2. Papa (ut
Venetiis, 1602. Pontifex Rom. est Ju- Papa) habet Potestatem temporalem.
dex universalis, Rex Regum, et Dominus 3. Potestas Papae temporalis, est om-
Dominantium, eo quod ejus potestas a nium aliarum Potestatum eminentis-
Deo est, et nullum habet superiorem nisi sima alia'que potestates omnes ab illo
Deum : estque unum tribunal inter dependent.
Deum et Papam. Ideo omnes ali<e po- c Innocentius III. Cap. Solicita;, 6.
testates ei subditse sunt, et a nemine Extra, de Major, et Obedientia.
judicatur nisi a Deo ; non ab Augusto, d Pontificale dignitas quadragies sep-
non a Regibus, nee a Clero aut populo. ties Regali major. So the learned gloss.
Et p. 640. in Margine, Papa est omnium
Principum Monarcha, &c.

BP. BARLOW.] PBOTESTANT PRINCES. , 221
counts, the Pope's powers were great enough. But there is
an addition there (who was the author of it, I know not),
in which we are told (you may believe so far as you think
fit), that the Papal dignity exceeds the Imperial no less than
7744 ; so inconsiderable a thing in these men's account is
Regal and Imperial majesty in respect of the vast greatness
of Papal supremacy.
In short, if you compare that Decretal of Innocent III.,
but now cited, with that famous Extravagant of Pope Boni
face VIII. a (both which are received into the body of their
Canon Law), you will find them cite several places of Scrip
ture, miserably misunderstood, and bring reasons to prove
the Papal power above the Regal and Imperial. But the
consequences they draw from those texts they cite, are so far
from being infallible, that they are, like those who cite them,
evidently false ; and what other arguments they bring, are
not only unlike reason, but ridiculous : yet, although neither
the reasons, not the authority of their Popes, nor the general
consent of the ablest writers Rome has, who all endeavour
to establish the same position, and the Pope's extravagant
supremacy, can prove that he really has such power, nor are
they cited by me to any such purpose ; yet they clearly prove
that they own that doctrine, which is all I aim at, and,
though they cannot, gladly would make it appear probable,
and have us and all others to believe it.
6. And further, from this unlimited supremacy of the
Pope, they conclude and publicly profess his power to de
pose Kings, absolve their subjects from all oaths of alle
giance, and dispose of their kingdoms. That this may
appear I consider, —
That to cite particular Popish writers would be endless
and needless ; that Bellarmine, Emanuel Sa, Suares, Mari
ana, Turrecremata, &c, that the Canonists, Casuists, School
men, Summists, Jesuits, &c. are generally, if not universally,
of this opinion, " that the Pope may depose Kings," &c, is
notoriously known to all who know them. I shall only
instance in two or three, to give you a taste of that impious
doctrine, which all of them profess, assert, and so far as
a Bonifacius VIII. cap. Unam Sanctam. 1. De Majoritate et Obed. Extrav. Com.

222 POPERY DANGEROUS TO [BP. BARLOW.
they are able, vindicate, &c. And here, 1. Celsus Mancinus,
a learned Canon-regular of the order of St. Augustin, tells
us that " It is evident to all that Emperors are deposed
and deprived by the Pope, and that not only for things per
taining to faith, but also for things pertaining to manners
and the civil law."a And Abraham Bzovius more fully
says, as generally the rest do, " J . That the secular power
is subject to the spiritual ; so that it is no usurpation if the
spiritual judge the secular. 2. The Pope has supreme
power over Christian Kings and Princes, who may correct,
depose, and put others in their places. 3. The Pope may
deprive a King of his royal dignity for heresy, schism, for
any intolerable crime, negligence, or laziness, if in great
matters he break his oath, or oppress the Church, &c."b
So that in all these cases §by him there mentioned, and they
are eight or nine, the Pope may depose a supreme Prince ;
and the Pope himself is sole judge both of the crime and
condemnation. And to make all this good, 1. He gives us
a catalogue of above thirty Kings and Princes who have
de facto been deposed, or by excommunications and ana
themas damned by the Pope.c 2. And then he cites the
Canon of a General Council of their own, of which anon, and
above a hundred eminent authors of their own Church, who
assert and justify that impious opinion. d 3. And then he
further adds, that an innumerable company of English
martyrs, following their captain, Edmund Campian, a villain
condemned and executed for high treason, did, with their
pens and blood, maintain the same opinion : Innumerabiles
etiam Anglicani martyres ducem Edmundum Campianum
seeuti, pro primatu Romani Pontificis ab Hen. VIII. et
a Conspicuum est omnibus, a summo 2. Papa summam habet potestatem
Pontifice deponi privarique Imperato- etiam in Reges et Principes Christia-
res, idque non tantum ratione eorum nos, qui eos corrigat, officio amoveat,
qua? ad fidem spectant, verum etiam et et in loco eorum alios constituat. 3.
eorum qua; ad mores et jus civile spec- Papa potest Regem propter hseresin,
tant. — Celsus Mancinus, de Juribus schisma, crimen intolerable in populo,
Principatuum, lib. iii. cap. 3. p. 76. negligentiam aut socordiam, si juramento
Roma3, 1596. dato, in rebus gravissimis non satisfe-
b Bzovius de Pont. Romano, cap. 46. cerit, aut Ecclesiam opprimeret, digni-
p. 621. col. 2. Col. Agrip. 1618. 1. Po- tate Regia exuere.
testas secularis subdita est spirituali, c Bzovius, loco citato, p. 611, 612, &c.
ita ut non sit judicium usurpatum, si po- a Ibid. p. 619, 620,621.
testas spirituals de temporalibus judicet.

BP. BARLOW.] PROTESTANT PRINCES. 223
Elizabetha ccesi, sanguine profuso et stilo exerto idem do-
cuerunt? So that we may see the doctrine of the Pope's
power to depose Kings must be de fide an article of Di
vine truth, and they martyrs who die in defence of it ; for
Campian is with them a most famous martyr. b
These positions asserted publicly and in print by Popish
authors with so much confidence, and without any check of
the Romish Church of which they are members, may justly
seem impious and horrid to any sober Christian, who wishes
well, as all good subjects should, to Kings and monarchy ;
yet I shall show you greater abominations. One of their
authors0, writing against King James, of happy memory,
tells us, —
1. That the Pope's power, in the belief of Catholics, is not
barely ministerial but Imperial. Catholici, says he, non
tantum minister io, sed et imperio Papam prcesidere cre-
dunt. And this Papal power is " supreme, so that there
resides in the Pope a right to direct and compel, and a power
of life and death." d And to show the reason of this, he
adds, " that the Pope is the supreme Vicar of God, the
Emperor supreme advocate of the Church, than which
nothing can be more honourable for any King." e Surely
Kings are much bound to him for that honourable office.
" The Pope," as he goes on, " is the head of Christ's body ;
a Campian justly executed for High Csesar ac Reges sunt brachia seu manus.
Treason, 24 of Eliz. 1581. Vide Cam- Itaque insania est dicere nullum capitis
den's Elizabeth, lib. iii. p. 239, 240. in brachia Imperium esse. Papa (qui
b Martyr Christi inclytus, et sui se- est caput et vertex Ecclesiastici corporis)
culi clarissimus — Pet. Ribadeneira in Spiritus Sancti inspiratione regitur. Bra-
.Catalog. Scriptorum Religionis Societa- chia nihil facere possunt, nisi quod ad
tis Jesu, in Edmundo Campiano. Par- corporis victum, amictum ac protec-
sons the Jesuit says as much for Garnet, tionem pertinet; quorum omnium regi-
in his Discussion of the Answer of W. B. men ac praescriptum, quin penes caput
p. 22, 23. sit, et inde ad brachia derivetur, dubi-
c Gasp. Scioppius, in his Ecclesiasti- tare Paulus vetat, Col. ii. 19. Itaque si
cum Jacobo Magna; Britannia; Regi Reges non nutriant, neque vestiant cor-
oppositum, cap. 139. p. 502. edit. 1611. pus. . . . Si brachia aut manus munere
d Penes Papam in Ecclesia summum non fungantur, nee teneant caput. . . .
Imperium ; potestas summa, tarn diri- Ut membrum inutile. . . Capitis Imperio
gendi quam cogendi, jus etiam vita; et amputentur. — Ibid. cap. 241. p. 511.
necis in Papa residet. Ibid. cap. 138. If you desire to see more of the Pope's
p. 426. deposing kings, Card. Baronius in a
e Papa est summus Dei Vicarius, hundred places vindicates the power,
Czesar summus Ecclesia; advocatus; quo and approves and commends the practice.
nihil ulli Regi amptius aut honorificen- See his Annals, ad ann. 593. num. 8. and
tius. Papa caput est corporis Christi ; ad ann. 730. num. 5.

224 POPERY DANGEROUS TO [BP. BARLOW.
the Emperor and Kings are arms and hands ; and therefore
it is madness to say, that the head has not empire over the
arms. The Pope, who is the head and top of the Eccle
siastical body, is governed by the inspiration of the Holy
Ghost. The arms can do nothing but what pertains to the
food, raiment, and protection of the body. And St. Paul
forbids us to doubt that the government and prescription of
all these belongs to the head, and from thence is derived to
the arms. And therefore if Kings do not feed and clothe
the body, if the arms or hands do not do their office, they
may by the command of the head be cut off, as unprofitable
members." These are his words, or the English of them.
So that by this Popish doctrine, the Pope being head of
the body may, when he pleases, for he is supreme and sole
judge in the case, cut off Kings and Emperors, who are but
the hands or arms of that body. And yet so hard is the
forehead of that author, that he is not ashamed to say, and
put it in the margin that all might take notice of it,
"That this great power of the Pope is not at all dangerous
or prejudicial to Princes." a How dangerous this doctrine of
this Papal supremacy has been to Princes, the many ex
communications and depositions of Kings and Emperors in
the six last centuries are evident and sad witnesses ; and
what mischief, if not carefully prevented, it may do for the
future, it will concern Princes, and all who are loyal and
love them, and their own preservation, seriously to consider.
It was a wise man's saying, that Protestant Princes may be
too secure, but never safe, while any Jesuit dwells in their
dominions. Thuanus speaking of the fatal, and (by them,
too secure) not feared tragedy of Henry III. and IV. of
France, seems to blame their too great security, and then
adds : miseros Principes, quibus de conjuratione non cre
ditor, nisi occisis. But to proceed.
2. Another of their authors, and he a learned Bishop,
Jacobus Simancab by name, tells us that which concerns all
Protestant Princes to consider, and what they must expect
a Summa Papa; potestas nihil pror- Ha'retici privati sunt omni dominio et
sus periculi adfert Regibus. — Idem, jurisdictione, et eorum subditi ab eis
cap. 141. p. 512. liberisunt, quod et Reges, et alios rerum
b Jacobus Simanca, Enchir. Judicum, Dominos comprehendit.
tit. 67. sect. 12. p. 349. Antwerp. 1573.

BP. BARLOW.] PROTESTANT PRINCES. 225
from the Pope, when he has power to put their traitorous
principles in execution. The thing he tells us is this :
" Heretics " says he, and we know who are meant by that
hard word, " are actually deprived of all dominion and juris
diction, and their subjects freed from their obedience ; and
this comprehends Kings and other Lords. So Simanca.
Nor is this his private or singular opinion : for, 1 . He proves
it expressly out of a decretal of Pope Gregory IX., extant in
the body of their Canon Law.a 2. He cites Alphonsus a,
Castro, who also proves the position of Simanca, by evident
testimonies of many and eminent Popish authors.b 3. It is
to be considered too, that Simanca's book is privileged and
licensed to be printed by public authority, and with the appro
bation and high commendation of the Censor Librorum, the
learned Ben. Arias Montanus, who tells us that he had read
it, " and judged it highly profitable for the knowledge and
practice of the whole argument undertaken, and that it con
tained nothing offensive to the Catholic faith " c (then in that
great man's judgment, that rebellious Roman doctrine of de
posing heretical Kings, and absolving their subjects from all
oaths of allegiance, is not offensive to their Catholic faith).
" And therefore I judge it worthy, that for the profit of many,
it be a third time and oftener published." So that this doc
trine, that " heretical kings are deprived of all their dominion,
and their subjects absolved from all oaths of allegiance, is not
only approved by Simanca, Alfonsus a Castro, Arias Montanus,
all great and very learned persons in the Church of Rome,
but by their Canon Law, and the Decretal of Pope Gregory
IX. And it is further considerable, that this doctrine,
though impious and traitorous, is not in any Index Expur-
gatorius I have yet seen, condemned either in Simanca
or any other of all those who generally assert and vindi
cate it.
3. One more I shall only cite, though a hundred such
might be cited, and he a famous Jesuit, who plainly tells us
a Cap. Absolutos, 16- Extra. deHaere im, nihilque continere quod Catholicam
ticis. fidem offendat : ideoque dignum judico,
b Alph. a Castro, de Justa Haereticor. ut ad multorum utilitatem, tertio, et
Punit. lib. ii. cap. 7. &c. etiam ssepius edatur. So are the words
c Valde utilem esse censeo ad totius in Arias Montanus's licence of that
argument"! suscepti cognitionem et prax- book.
VOL. III. Q

226 POPERY DANGEROUS TO [BP. BARLOW.
what their Society constantly profess, and many of them have
and do practise : that if a clergyman rebel against his King it
is no treason, because clergymen are not the King's subjects."
Nor is this the singular opinion of Emanuel Sa ; for it is
approved and highly commended by their Censores Libro
rum, both at the beginning b and end c of that book ; and as
an excellent and learned person tells med, it was highly ap
proved and commended at Rome too. So that, if such a
multitude of eminent Popish authors may have that credit
they deserve in this particular, we may be sure that this
impious and traitorous doctrine is approved and received in
the Church of Rome. And though I said I would cite no
more such testimonies to manifest so certain and clear a
truth, yet I shall add two more, not unworthy your con
sideration, which are, if that be possible, more highly im
pious than the former.
Then a great Popish lawyer6, asserting the Papal
power, has, and endeavours to prove, these erroneous and
desperate positions.
1. The Emperor and Kings are the Pope's subjects/
2. The Emperor and Kings may be deposed by the Pope
for heresy and any great sin.g
3. The Pope has power in the whole world, in spirituals
and temporals ; and this temporal power he has in a more
worthy, a superior, and perfect manner than secular Princes.11
4. Statutes made by laymen do not bind the clergy.1
5. The Pope is Vicar of God, and preferred before all
powers, as God himself, and every creature is subject to
him.k a Clerici rebellio in Regem, non est s Imperator et Rex ratione fidei et
crimen laesse Majestatis, quia Clericus non peccati gravis, possunt a Papa deponi et
est Regi subditus. — Eman. Sa, Aphor. privari — Ibid. sect. 23.
Confess. Verbo Clericus, p. 41 .col. 1599. " Papa habet potestatem in toto Orbe,
b Opus Theologis, omnibusque ani- in Spiritualibus et Temporalibus ; et in
marum curam habentibus utile ac ne- Temporalibus modo digniori, superiori,
cessarium. et perfectiori quam habent Principes se-
0 Hi aphorismi docti sunt ac pii, culares. — Ibid. art. 6. sects. 1. 11.
multamque utilitatem allaturi. ' Statuta laicorum non obligant cle-
d Jac. Leschassier, Operum, p. 421. ricos. — Art. 13. sect. 9.
Edit. Paris, 1652. k Vicarius Dei omnibus potestatibus
0 Phil. Maynardus de Privilegiis Ec- prgeponitur sicut ipse Deus, et Papa;
clesiast. dedicated to Pope Paulus V., subest omnis creatura. — Ibid. art. 6.
and printed at Ancona, 1607. sect. 11, 12.
f Imperator subest Papa; ut et Reges.
— Art. 5. sect. 19. 21.

BP. BARLOW.] PROTESTANT PRINCES. 227
6. It is necessary to salvation to be subject to the Pope ;
and he who affirms the contrary is no Christian."
This he has out of the Canon Law, and the Decretal of
Pope Boniface VIII. So that by this impious and un
charitable doctrine, all Protestant Kings, Princes, and people
are denied to be Christians, and absolutely damned, without
all hope or possibility of salvation." And yet their Canonists0,
to say nothing of others, and Jesuits generally11, nay, univer
sally, approve and defend ite, and the Pope and Council
confirm and establish it.f Theologia hcec damnatoria,
Pseudo- Catholica, Romana sit licet, tamen non est Chris
tiana. Let them brag (as usually they do) of their Catholic
faith ; for my part, I can have no great opinion of their
faith who have little charity, and damn all save themselves.
Once more, Stanislaus Orichovius e, while he magni
fies the Pope and his Papal greatness, with high contempt
of Kings, and blasphemy against God, hath this passage,
unfit to fall from the pen of any sober Christian : — " The
Priest," says he, " excels the King as much as a man excels
a beast." And says, further, " He who prefers the King
before the Priest, he prefers the creature before the Crea
tor." h This is strange doctrine, and yet approved at Rome ;
at least not condemned there as anti-monarchical positions,
which decry Royal, and magnify Papal power, seldom or
never are. The reason why I say and believe this is, because
I find in the Spanish Expurgatory Index1 some other things
a Papae subesse, est de necessitate salu- And that obedientia vera (and so sub-
tis, et contrarium asserens, non potest- jection) is due and to be given Jesu
dici Christianus. — Art. 5. sect. 13. Christi Vicario Pontifici Romano, is an
b Cap. Unam Sanct, De Major, et article of their new creed, contrived at
Obedientia. Inter Extrav. Communes. Trent. Extra quam nulla salvus esse
c Vide Glossam ad dictum Cap. potest ; and to the belief of this, all their
Unam Sanctam ; et Card. Turrecrema- Ecclesiastics solemnly swear. Vid. Bui-
tarn, Summa de Eccles. lib. iv. part 2. lam Pii IV. super Forma Professionis
p. 409. Fidei, in Concilio Tridentino, sess. 25.
d Vid. Bellarmin. de Pont. Rom. lib. s Stanislaus Orichovius in Chimera,
v. cap. 7. sect. Item. sect. Sic enim. p. 99.
e Vid. Apologiam Jesuitarum, Edit. n Sacerdos pra;stat Regi, quantum
ann. 1591, cum hoc titulo, La Verite homo pra;stat bestia;. Qui Regem
defendue. pra;fert Sacerdoti, is creaturam anteponit
' Vid. Sanction. Pragmat. (Paris, Creatori. Loco citato.
1613. in 4to.), p. 1042. ; et Concil. La- ' Index Expurgatorius Hisp. in Sta-
teran. sub Leone X. sess. 11. apud nislao Orichovio.
Binium, torn. ix. Concil. p. 153. A. Q 2

228 POPERY DANGEROUS TO [BP. BARLOW.
of this author censured ; but this passage now cited is
neither meddled with nor once mentioned.
But to pass by particular testimonies of single Popish
authors who publiely assert and industriously endeavour to
vindicate this rebellious doctrine, " that Kings may be de
posed and murdered by the Pope or people," I shall give
you greater and, to the Church of Rome, more authentic
authority. As for instance, —
Their Canon Law approved, received, used, and obeyed
in their Church as a rule of justice in all their courts
and consistories.3 I shall quote their best edition, corrected,
approved, and published by the Pope's command, and he
infallible no doubt, for so he himself tells us : Nos providere
volentes, ut hoc jus canonicum, sic expurgatum, ad omnes
Christi fideles sartum perveniat, ac ne cuiquam liceat
operi quicquam addere, vel immutare, aut invertere, sed
prout in urbe nostra Roma nuper impressum fuit, per-
petuo integrum et incorruptum conservetur? Now in his
Canon Law, so purged and corrected that it might come to
all the faithful, as the Pope himself tells us, who, if he
were infallible, could not, and if he were but an honest man
would not, publish an untruth, we are told, —
1 . That the Pope may depose Princes, and then absolve
their subjects from their oaths of allegiance : A fidelitatis
etiam juramento, Romanus Pontifex nonnullos absolvit,
cum aliquos d sud dignitate deponit.0 And having set down
this for law, it immediately follows, —
2. That another Pope, Zachary by name, deposed the
King of France ; not so much for his iniquities, but that he
was unprofitable for such a power ; and then he absolved all
the French from their oath of fidelity : and then adds,
" That the Holy Church (he means the Pope) does by a
usual authority so absolve subjects from their oaths to their
superiors. "d
a Decretum Gratian! emendatum c Vid. Can. Authoritatem, 2. eaus.
jussu Gregorii XIII. Editum juxta 15. qua?st. 6. part. 2.
Exemplar. Romanum, diligenter recog- a Alius autem Rom. Pontifex, Za-
nitum. Paris, 1612. charias scilicet, Regem Francorum, non
b Gregorius Papa XIII. in Bulla Cor- tarn pro suis iniquitatibus, quam pro eo,
pori Juris Canonici prsefixa. Dat. Roma;, quod tantae potestati erat inutilis, a reg-
1580, anno Pontificatus sui 9. no deposuit, omnesque Francigenos a

BP. BARLOW.] PROTESTANT PRINCES. 229
'" Now, concerning this memorable Canon, give me leave to
observe, —
1. That the gloss tells us (John Semeca, a famous Ca
nonist, was author of it) that Pope Gelasius maintained the
doctrine of deposing Emperors : Gelasius Papa scribens
contra Anastasium Imperatorem, dicit, quod potest eum,
deponere propter malitiam suam, Sec*
2. In the lemma, or title of this Canon (in the old
editions of the Canon Law), it was Gelasius Papa Ana-
stasio Imperatori? But in later editions the title is this :
Pontificalis Autltwitas d Juramento Fidelitatis nonnullos
absolvit, unde Gregorius Papa? The annotator tells us
truly, that Gelasius could not speak of the French King's
deposition, seeing Gelasius was dead above two hundred and
forty years before Chilpericus (or Childericus, they write
him both ways), came to be King of France.d But they say
the words of this Canon are found in the Epistles of Pope
Gregory VII., and, therefore, they do rightly refer them to
him as the true author of them.6 Now, whether it were
Gelasius or Gregory VII., it is all one as to my present
business : it is by them confessed that a Pope was author of
that rebellious passage ; Gratian refers- it into the body of
their Canon Law, and Pope Gregory XIII. approves, and
(together with the whole body of the law, the gloss, and
annotations) confirms and ratifies it.f Whence we may ra
tionally conclude that this doctrine of the Pope's power to
depose Kings, and absolve their subjects from their oaths of
allegiance, though impious and rebellious, is so far from
being disowned or detested by all Papists (as some now
pretend), that the supreme power of that Church has not
only approved but established it for law. By the way,
though you see that Gratian and Pope Gregory say that
Pope Zachary was the man who deposed the French King
juramento fidelitatis, quod illifecerunt, ° Vid. Notam ad dictum Can. Alius,
absolvit. Quod etiam ex authoritate in Edit, recentioribus.
frequenti facit Ecclesia. — Can. Autho- • Gregorius VII. Regist. lib. viii.
ritatem, Can. Alius 3. Epist. 21.
a Glossa ad dictum Canonem, verbo f Vide Bullatn Gregorii XIII. Dat.
Alius. Romas 1 Julii 1580. Corpori Jur. Can.
b Edit. Paris. 1519, &c. prasfixam.
c Edit. Lugduni, 1661, &c. Q 3

230 POPERY DANGEROUS TO [BP. BARLOW.
Hildericus ; yet an historian of more antiquity and credit
than either of them, notwithstanding Gregory's infallibility,
tells us that it was Pope Stephen (Zachary's successor)
who deposed him.3 So that all agree that a Pope (it mat
ters not which) was author of that impiety.
3. When the Canon says that the French King was de
posed by the Pope because he was inutiles, Sec, the gloss
gives you the meaning of that word : Non intelligas, in-
utilis, id est, insufiiciens, tunc enim ei dare debuit coad
jutor ; sed quia dissolutus erat, cum mulieribus, et effosmi-
natus b .• so that by this Papal law we see that, if the Pope
please, the greatest Prince may be deposed for a very small
matter. 4. When this Canon says the Pope deposed the King of
France, the gloss notes : Ergo Papa deponit Imperatorem?
And, lest we should not take notice of it, these words, in
their best editions of the Canon Laws, corrected, purged,
revised, and whatever wicked men had put into the text or
margin contrary to the Catholic Faith by Pope Gregory's
command expunged* ; I say, notwithstanding all this, these
words are put in the margin : Imperator potest a Papa
deponi. Whence it is evident that, in Pope Gregory's
opinion, this impious doctrine and position (though contrary
to the true Christian) is not contrary to their Roman faith ;
being expressly in those glosses and Canons in which their
supreme and infallible Judge says there is nothing Catholiccs
veritati contrarium. Nor is this Pope Gregory's singular
opinion, that the Pope may depose Kings. For seeing it
has been approved by their Popes and their General Councils
(as you shall see anon), and for some ages received amongst
their Sacred Canons, as they call them, it is become a ne-
a Eginhardus (in Vita Caroli Magni, nepotes ejus, omnes norunt. — II Nepo-
p. 4, 5. edit. Colon. 1521), who says, tismo.
Hildericus Rex, jussu Stephani, c Glossa ad dictum Can. Alius 3.
Romani Pontificis, depositus est. This verbo Deposuit.
impious fact of Pope Stephen has been a Cum his qua; ab impiis Scriptoribus,
approved, and (in practice) imitated by extra in margine, vel intra aspersa fue-
many of his followers. Bzovius (before runt Catholica; veritati contraria revi-
cited) gives us a list of above thirty kings dendi, corrigendi, expurgandi curam de-
and princes thus deposed by Popes, and mundavimus. . . . jam totum emendatum,
anathematized. &c  In Bulla dicta Gregorii XIII. Cor-
b Ipse Papa Pater Patrum putativus, pari Juris Cononiei prcejixa.
sed filiorum verus Pater : quod, qui

BP. BARLOW.] PROTESTANT PRINCES. 231
cessary part of tbeir creed, and no salvation without the
belief of it, to which all their secular Clergy, Archbishops,
Bishops, and whoever has any cure of souls, and all their
Regulars (at least the heads and governors of them) are
solemnly sworn. a For they swear, promise, and vow, with
out all doubtings, to receive and profess all things defined
and declared in the Sacred Canons and General Councils ;
and, so far as they are able, to make others receive them
too. So that all their Ecclesiastics (especially all who have
any cure of souls) do not only believe this impious doctrine
of the Pope's power to depose Kings, but they swear both
to believe and profess it, and as far as they are able make
others do so too. How pernicious to Kings and Princes
such principles and such persons (sworn to profess and pro
mote them) heretofore have been, the many sad and tragical
examples of deposed Princes in the six last centuries can
abundantly witness and assure us : and how pernicious for
the future they may be, unless with care and prudence they
be prevented, we or our posterity may unhappily and too
soon see. Dirum omen misericors, qui solus potest, aver-
runcet Deus.
5. Lastly, if we consult Cardinal Turrecrematab, a very
great and learned person, who well understood their Sacred
Canons, and in what sense the Roman Church received
them, he, in his commentary on the Canon before cited,
affirms and endeavours to prove these following proposi
tions ° : —
(1.) The Pope may depose the Emperor, or a King not
subject to the Emperor/
(2.) The Pope may lawfully absolve subjects from their
oath of allegiance/
(3.) The Pope may depose Counts, Dukes, and other
a One Article of the Trent creed is Can. Alius 3. caus. 1 5. quaest. 6. ; and
this: — Item omnia a. Sacris Canonibus in Summa de Ecclesia, lib. ii. cap. 14.
et CEcumenicis Conciliis definita, indu- &c.
bitanter recipio> et profited . . . Hanc c The Cardinal's own words are these
Catholieami fidem, extra quam non est which follow.
salus profiteor, et ab aliis teneri (quan- d Papa potest deponere Imperato-
tum in me est) curabo. Ita habent rem, aut Regem, qui non subest Impe-
verba Professionis fidei, in Bulla dicta ratori.
Pii Papa; IV. Concil. Tridentin. sess. 25. " Papa licite potest absolvere subditos
b Johan. Card, de Turrecremata, ad a, juramento fidelitatis.
a 4

232 POPERY DANGEROUS TO [BP. BARLOW.
Barons without the consent of the Emperor, or those Kings
whose subjects they are.a
(4.) Subjects, if they have the Pope's consent (which they
are sure to have if it make for his interest), may depose their
Kings. This he further proves, and adds, that if the King
be a manifest heretic (as all Protestants are with them), then
the Church may depose him.b
The premises considered, it will highly concern all Pro
testant Kings and Princes to look to it, who, as heretics, are
all damned, and anathematized once every year, on Maundy
Thursday, in their Bulla Coence Domini? For, had they
of Rome power to act according to their principles, pretences,
and interests, they would make short work, a speedy and
thorough reformation, and compel all Protestant, or, as they
constantly miscall them, heretical Kings and Princes, to quit
their religion, or their realms and kingdoms.
Be it concluded then, that according to the approved and
received doctrine of the Roman Church, Kings and Princes
may be deposed, and their subjects absolved from their oaths
of allegiance. And for the truth of what I here say, we
have the precept and practice of three Popes (Zachary, Gre
gory VII., and Urban II.), and three Canons grounded on
that Papal authority, received into the body of their Canon
Law d ; which, when you have occasion, you may, for further
satisfaction, consult.
Now, if you inquire for what crimes Kings may be de
posed by the Pope ; whether for heresy only (for that is
universally agreed on), or for other crimes also, John
Semeca, author of the gloss on Gratian, gives us a full and
categorical answer. For 1., he proposes the question6, Pro
quo peccato potest Imperator deponi? " For what sin can
the Emperor be deposed ?" (That he may be deposed is, in
that law, no question, but an undoubted truth ; the question
a Papa potest deponere Comites, Editam, ann. 1671. 7 Cat April, et
Duces, et alios Barones, sine consensu Pontif. sui ann. 1. in Bullario Rom,
Imperatorum, aut Regum quibus sub- Lugduni 1673, p. 528. sect. 1.
sunt. a Vide Gratian. Can. Alius, 3. ; Can.
b Subditi (si habeant assensum Papas) Nos Sanctorum, 4. ; et Can. JuTatos,
possunt Regem deponere . . Et si Rex sit 5. caus. 15. quaest. 6.
manifestus ha;reticus, potest ab Ecclesia ° Glossa ad Can. Si Papa 6., dist.
deP°ni; 40. verbo A fide devius.
c Vid. Bullam dictam a Clemente X.

BP. BARLOW.] PROTESTANT PRINCES. 233
only is, for what crimes it may be done.) And the answer
is, that he maybe deposed for any sin, if he be incorrigible";
and not only for his sins, but if he unprofitably manage that
Regal power.b And this he proves out of another Canon.
This is the sad condition of Kings and Emperors ; by the
Popish Canon Law they may be deposed, if they be incor
rigible, for any sin, and sometimes for no sin ; at least as
the principal cause of their deposition. Whereas, by the
same law, if the Pope be so prodigiously impious c, that he
not only damn himself, but carry innumerabiles populos,
" innumerable people " to hell with him, yet there is no de
posing or judging him. This, not only the Canon in Gra
tian, but a long annotation lately added, since Gratian's
time, approves and confirms ; and Pope Gregory XIII.
approves both the Canon and annotation, in his Bull I have
so often mentioned.4 So that, according to this law, if the
Emperor, or any King, will not be good boys, and obey
their grand master, Dominum Deum nostrum, as they call
him, the Pope ; if they will not be corrected by him, and
amend what he thinks amiss, for he is supreme and sole
judge of the crime and punishment, then the Pope may, and
if he have ability and opportunity, we may be sure he will
depose them.
Thus much, and may be too much, for the Canon Law,
that sink of forgeries, impiety, and disloyalty. For I scarce
know any Book, wherein are more forged writings, under
good names sometimes, for bad purposes ; or more impious
doctrines and positions owned and authorised for law, and
that by one who pretends, though without, and against all
reason, to be Christ's Vicar,, and infallible ; or any book
which has more seditious and rebellious principles of dis
loyalty. This I only say now, but when I have, what now
I want, time and opportunity, I can, and (<ruv ®s(S~) will
make it good. How dangerous, and when believed and
practised, how pernicious to Kings and Princes, the princi
ples of that law are, you may in part see by the premises ;
a Pro quolibet peceato potest Impe- quod tanta; potestatis erat inutilis, depo-
ratordeponi, si sit incorrigibilis. — Glossa suit — Can. Alius, 2. caus. 15. qua;st. 6.
ad Can, Si Papa, 6. c Dicto Can. Si Papa, 6., dist. 40.
b Papa Zacharias Regem Francorum, d Bulla Gregorii XIII., Corp. Jur.
non tarn pro suis iniquitatibus, quam Can. preefixa.

231- POPERY DANGEROUS TO [BP. BARLOW.
if you desire more, you may at your leisure consult and
consider those places here mentioned iu the margin*, with the
gloss and case upon them, together with Cardiual Turre-
cretnata's commentary on Gratian's Decree, and Panor-
mitan on the Decretals, to omit all other Canonists ; you will
find evidence, more than enough, to convince you, out of
their own testimonies, that the principles of their own law,
as explained by their greatest and best interpreters, are not
only dangerous, but destructive of the right of Kings, and
inconsistent with that loyalty which, by the laws of nature
and Scripture, are really due to them.
(5.) But besides these testimonies of particular writers of
their own Church, and their approved, and by public au
thority, established and received Canon Law, we have
greater and more authentic testimonies, that in the Popish
Church, they both profess and practise this impious and re
bellious doctrine of anathematising and deposing Kings and
Emperors, of giving away their kingdoms to others, and
absolving their subjects from their oaths of allegiance and
fidelity. For their Popes, who are their supreme and infal
lible judges, testify as much in their Briefs and Bulls ; and
those not forged or corrupted by heretics, but published
by themselves, and printed at Rome in their own Vatican
press.b Where, to omit others, we have,
The Bull of Pius V. against Queen Elizabeth. The
title prefixed to that impious Bull, is this : Damnatio et
Excommunicato Elizabethce Regince Anglice eique ad-
hcerentium? Where in one breath and Bull he damns that
innocent Queen and all her loyal subjects, Protestants and
a Vide Gratian, dist. 96. in lemmate, Haereticis et Schismaticis, cap. 9. &c, et
et can. 1.7, 8, 9, 10, 11. Cujus lemma cap. Nimis, 30. Extra. De Jurejurando.
est, Quod Imperatores debent Pontifici- Cujus lemma est, Clerici non tenentur
bus subesse, non preeesse. — Can. Etiam. laicis pra;stare juramenta fidelitatis, et
12. Can. Etiam 2, 3, 4, 5. caus. 5. qua;st. cap. Solicits, 6. Extra. De Major, et
6., et Can. Excommunicatorum, 47. Obedientia.
caus. 23. quaes. 5. et cap. Vergentis, 10., b Vid. Bullarium Romanum, per Che-
et cap. Excommunic. 13. et cap. Abso- rubinum. Roma;, ex Typograph. Camera;
lutos, 16. Extra. De Hjereticis, et cap. Apostolica;, ami. 1638.
Gravem, 13. Extra. De Pcenis, et cap. c Died Bullarii, torn. ii. p. 229., and
Ad Apostolicae, 2. De Sent, et Re Judi- in the edition at Lyons, ann. 1655. p. 303.
cata, in 6 and 7 Decret. lib. ii. tit. 1. It is dated 5 Cal. Maii, 1570 Eliza-
cap. 1. Cujus lemma est Laicis in Cle- betha;, ann. 13., till which year all Papists
ricos nulla potestas, et 7 Decret. lib. ii. came to our common prayers.
tit. 2. cap. 2. et ibid. lib. v. tit. 3. De

BP. BARLOW.] PROTESTANT PRINCES. 235
Papists. Where, by the way, it is to be considered, that if
any Papists be loyal, (as by the law of God and Nature they
ought) to any heretical King or Prince (and at Rome, our
gracious King, and all Protestants are such) it is reputed
their crime, and they damned at Rome for it. For it is not
only omnes et singulos hcereticos, quocunque nomine cense-
antur, " all and singular heretics, of what sort soever ; " but
also all those, who receive, favour, or defend them.a So
that if any Roman Catholic favour, or (according to his
natural or sworn allegiance) defend his Prince, who is a
Protestant (and so a declared heretic) he is under the same
anathema and condemnation. And this anathema and con
demnation of all heretics, and all those who favour or defend
them, is solemnly renewed every year at Rome b, and lately
referred into the body of their Canon Law. c
But to proceed : in this Bull of Pope Pius V., which
contains the anathema and damnation, as it is called in
the lemma prefixed to that Bull of Queen Elizabeth, which
proved brutum fulmen, the good and most gracious God
blessing what the Pope impiously cursed, we have these
particulars very considerable.
1. The extravagant power the Pope assumes, when he
tells us that our Blessed Saviour did constitute Peter, and
by consequence him as St. Peter's successor, super omnes
gentes, et omnia regno Principem, ut evellat, destruat, dis-
sipet, disperdat, §c? These are the words of God to
Jeremiah e, not Peter or his successors, miserably misunder
stood and misapplied by this Pope and his predecessors/
Here is a pretence to a vast and destructive power, and
though it be a bare pretence, and without any just ground,
irrational and ridiculous, yet let Princes look to it ; for
when the Popes had power they did, and when they have,
they will, make use of it.
a Vide Bullam dementis X dat. justitia; throno voluit collocare. — Dictm
Romae, 7 Cal. April, 1671, in Bullario Bullm, sect. 3.
Cherubini. Lugduni, 1673, torn. v. p. e Jer. i. 10.
528. f By Innocent III., and yet it goes
b In Bulla Coena; Domini. for law, cap. -Solicit;?, 6. Extra. De
c Vid. 7 Decret. lib. v. tit. 3. cap. 2. Major, et Obed., and by Boniface VIII.
et 9. page 193. and 203. edit. Lugd. cap. Unam Sanctam, 1. eodem tit. Ex-
1661. trav. Com. &c.
d Christus . . . qui nos in hoc supremo

236 POPERY DANGEROUS TO [BP. BARLOW.
2. This premised, he proceeds to his damnatory sen
tence, in these words: "We," saith he, "by the plenitude
of Apostolical power, declare the said Elizabeth an heretic,
and both her and her adherents, to have incurred the sen
tence of excommunication, and to be all cut off from the
unity of the body of Christ."3 But this is not all ; he pro
ceeds very unlike a Christian, and what he would be thought,
Christ's Vicar, to depose her from all her Royal dignity,
and all that dominion to which she had (by birth, the law of
God and the land) a just right, in the following form : —
3. " And we deprive her of her pretended Royal right,
and all dominion, dignity, and privilege whatsoever." b He
calls it her pretended Royal right, because according to
their rebellious and impious principles, she being an heretic,
as they miscalled her, for that crime she had lost her Royal
right, even before her actual excommunication. Nor is
this all ; he proceeds : —
4. " And further, we absolve all the nobility, subjects,
and people of England, and all others who have any way
sworn to her from such oath ; and we declare them for ever
absolved from any obligation of allegiance or obedience to
her ; and we do, by these presents, absolve them."0 So
that here, so far as was able, he absolves all her subjects
from the obligation of the oaths in which they had sworn
allegiance. But because there is, as the lawyers truly say,
a natural as well as a sworn allegiance ; for, by birth, they
who never swore it, owe a natural allegiance to their Prince,
being born subjects, lest, after their oath was nulled, they
should obey the Queen, and upon the principle of natural
allegiance, think themselves bound so to do ; he goes on to
declare this natural bond null, and frees them from any ob
ligation of it, thus : —
a Nos Apostolicse potestatis plenitudine c Item proceres, subditos, et populos
declaramuspradictam Elizabethamhaere- dicti regni, ac caeteros omnes, qui illi
ticam, eique adhajrentes, anathematis quomodocunque juraverunt, a juramento
sententiam incurrisse, esseque a Christi hujusmodi, ac omni prorsus dominii,
'corporis unitate pracisos. — Dictce Bullce., fidelitatis et obsequii debito perpetuo
sect- 3- _ absolutos et pra;senti authoritate absolvi-
b Quinetiam ipsam pra;tenso regni mus  Ibid. sect. 5.
jure, necnon omni et quocunque domi-
nio, dignitate, privilegioque privatam. —
Ibid. sect. 4.

BP. BARLOW.] PROTESTANT PRINCES. 237
5. " We command and forbid all the peers, people, and
subjects of England, to dare to give any obedience to the
Queen, her monitions, commands, or laws. And if any do
otherwise, we involve them in the same sentence of ana
thema and excommunication."3 Whence it evidently ap
pears, 1. That the Pope in this authentic Bull and decretory
sentence, does, so far as he is able, depose the Queen. 2.
Absolve all her subjects from their oath of allegiance. 3.
And under pain of excommunication command and require
them, contrary to their natural allegiance, to give no obe
dience to their undoubted Sovereign. Nor is this all ; for,
6. When he had done all this, he gave away the Queen's
kingdom and dominions to Philip II. King of Spain, as is
notoriously known, and ingenuously confessed by an honest
Roman Catholic, Father R. Caron, an Irish Priest.b
Many more such impious Bulls there are in that Roman
Bullary, in all which, Kings and Princes are anathematised
and deposed by the Pope, and their subjects absolved from
their oaths of allegiance, on pretence of that vast and ex
travagant supremacy and dominion over all the world which
they challenge by Divine right, though without any, and
against all reason, even over Kings and Emperors. For
instance, the excommunication and deposition of the Em
peror Henry IV., who was twice anathematised by Gregory
VII.C ; of Frederick II. d, by Gregory IX. and Innocent
IV. ; of our King Henry VIII., by Pope Paul III.6 And,
to omit all others, we have an excommunication of all
heretical Kings and Princes, and heretics in general, in that
famous Bulla Coence1, wherein, on Maundy Thursday,
a Praecipimus et interdicimus uni- c Bullarium Romanum, torn. i. p. 52,
versis et singulis proceribus, subditis, 53. Lugduni, ann. 1655. Vid. Binium,
populis, et aliis prasdictis, ne illi, ejusve Concil. torn. vii. part 1. p. 484.
monitis, mandatis, aut legibus audeant d Ibid. p. 105. and 112. Dicti Bul-
obedire. Qui secus fecerint simili ana- larii.
thematis sententia innodamus. — Dietce • Ibid. torn. i. p. 740. The excom-
Bulke, sect. 5. munication was dated 1533, and executed
b In depositione Elizabetha;, Pius V. ann. 1 538.
jus Britannia; et Hibernia; ad Philip- f Vid. dictum Bullarium, torn. iii. p.
pum II. transtulit, vi cujus donationis, 248., et Constitut. 62. Pauli V. Ibid.
demandatus postea Sidonius fuit, ann. et plurimas ejusdem generis Bullas ibi
1588, classe Hispanica instructus, ut indicatas.
Britannia; regna possideret. — Remon-
stran. Hibernorum per Frat. R. Caron.
part I . cap. 3. sect. 4. p. 7.

238 POPERY DANGEROUS TO [BP. BARLOW.
an anathema is solemnly denounced against all heretics,
even Emperors, Kings, Dukes, and all of what dignity
soever : a and this anathema is repeated every year. So that,
amongst others, our gracious King, and all his Protestant
subjects, are anathematised and cursed once every year at
Rome, as if their Mons Vaticanus were become Mount
Ebal, from whence all curses were to come.b Now whether
this doctrine and practices of Popes be not dangerous and
pernicious to Kings, let the world judge.
Well, but if all this will not do, if the testimonies of their
own writers, which both for learning and dignity in their
Church are most eminent, nor their received and established
Laws and Canons, nor their authentic Papal Bulls and
Decretal Constitutions c ; I say, if all these be not evidence
enough to entitle the Church of Rome to this seditious, im
pious, and to Kings especially, if they be Protestants, per
nicious doctrine ; yet the Decrees and Canons of their own
General Councils, which, by their own principles and con
fessions, are representatives of their whole Church, and ill-
fallible, — I say, the Decrees of such Councils, if there be any
such, will and must be undeniable evidences of what I have
said in this particular. And that their approved General
Councils have approved this doctrine of the Pope's power to
depose Kings and Emperors, and absolve their subjects from
their oaths of allegiance, I shall give you two or three
evident instances.
First. In the General Council of Lyons d (for a General
Council they do universally acknowledge it), Pope Inno
cent IV. deposed the Emperor Frederick II. That he de
posed him in that Council is undenied by any I have yet
met with ; and that it was, after diligent deliberation had
with his brethren and the Council, appears by the form of
the excommunication, registered and upon record in the body
a Etiam Imperiali, Regali, Ducali, niaque ilia omnia esse publicanda, pub-
aut aliamundanaexcellentiafulgentibus: licata autem sint juris et proprietatis
they are the words of the Bull. eorum, qui ipsa primo occupaverint.
b Deut. xi. 29. and xxvii. 12. d It is one of those General Councils
0 Vid. Pauli Papa; IV. Bullam 12. in which the Council of Constance decreed
Bullario Cherubini. Roma;, 1638, torn. i. all future Popes should swear to main-
p. 602. Qua Imperatores, Reges, &c. tain, sess. 39. In forma Professionis a
Haereticos, imperiis, regnis, et dominiis Papa facienda;, p. 250. edit. 1514.
omnibus privatos pvonunciat ; domi-

BP. BARLOW.] PROTESTANT PRINCES. 239
of their Canon Law" ; where, 1. He deprives him of all
his honour and Imperial dignity.b 2. And then absolves all
his subjects from their oaths of fidelity.0 3. And excommu
nicates all who should acknowledge him King or Emperor,
or should counsel, assist, or favour him.d
Secondly. In the great Lateran Council (for so they com
monly call it), in which, if they misreckon not, there were no
less than 1215 Fathers, it was synodically and categorically
concluded, " that the Pope might depose Kings, absolve their
subjects from their oaths of allegiance, and give away their
kingdoms."6 The series and sum of the Canon is this ; —
first, it is decreed that all secular powers shall expel all
whom the Pope and his party shall call heretics out of their
dominions, and they were to be admonished to do this,
moneantur seculares potestates, Sec. Secondly, but in case
they obeyed not that monition, they were to be compelled/
And not only the Lateran, but the Trent Council8 (a most
apocryphal conventicle, as I shall, when required, make
evident to you), useth the same saucy language to Princes
and Supreme Powers : — " Even Emperors, Kings, Princes,
and all other of what state or dignity soever," h for all these
are " commanded to observe all the Sacred Canons and all
General Councils (and so even the Lateran Council, and
this Canon we are speaking of) which are in favour of
Ecclesiastical persons and the liberties of the Church ; " j and
they are to observe all these, and " all other Papal sanctions,
as the precepts of God and Divine ordinations." And the
a Cum fratribus nostris et sancto Con- Haereticis ; and the Canon is received
cilio deliberatione diligenti prahabita. into the Canon Law, by Pope Gregory
Cap. Cum aeterni, 1. Extra. De Sent, et IX., cap. Excommunicamus, 13. Extr.
Re Judic. in 6. The title to that chapter De Ha;reticis.
is, Innocentius IV. in Concilio Lugdu- * Si necesse fuerit, per censuras Ec-
nensi. clesiasticas compellantur potestates secu-
b Omni honore et dignitate senten- lares, &c. — Ibid. can. 3.
tiando privamus. — Ibid. £ Concil. Trident, sess. 25, De Re-
c Omnes qui ei juramento fidelitatis format, cap. 20.
tenentur astricti, a juramento hujusmodi h Imperatorem, Reges, Principes, et
perpetud absolvimus  Ibid. omnes, cujuscunque status et dignitatis,
d Quoslibet, qui ei, velut Imperatori &c.
vel Regi, consilium vel auxilium prae- ' Prgecipit sacros Canones, et Concilia
stiterint, vel favorem excommunicationis Generalia omnia, et Apostolicas sanc-
sententia; subjacere. tiones in favorem Ecclesiasticar. person-
0 Concil. Lateranum Magnum, sub arum, tanquam Dei praecepta, ordina-
Innocentio III. ann. 1215. Can. 3. De tione Dei constituta, &c.

240 POPERY DANGEROUS TO [BP. BARLOW.
lemma or title to that chapter is this, Cogantur, Sec,
" Let all Catholic Princes, and much more heretical, be
compelled to observe all the sanctions concerning Eccle
siastical liberty," &c.a And this is the common and usual
language of their most eminent writers of their Popes and
Councils, as you may see (to omit all others) in Cardinal
Tuschusb, the Life of Pope Gregory VII. by Platina0, and in
the Lateran Council under Leo. X., where the Pope, in his
Monitory against the Gallican Pragmatical Sanction, saucily
says, " We peremptorily command Kings," &c.d Secondly.
Well, then, by this Lateran Council and Canon we are
speaking of, Kings are to be compelled by the Pope to do
their duty ; and that is, as the Canon tells us, " to expel all
heretics out of their kingdoms." And if you ask who or
what heretics those are ? the same Canon tells you, that it is
all those whom the Pope and his 'party shall be "pleased to
call heretics." e Thirdly. And they, Kings and Princes, must
be compelled to take an oath, and swear they will expel such
heretics ; and this oath they must take publicly, that all may
see and know that Princes obey the Pope ; for the words of
the Canon are, Prcestent juramentum publice, quod uni-
versos hcereticos, ab ecclesia notatos, exterminare studeant.
Fourthly. And if any King or Prince neglect this duty, and
when it is tendered refuse the oath, or to expel heretics out of
his dominions, then the Metropolitan and the Bishops of his
province must excommunicate him/ Fifthly. And then if he
persist contumacious, and refuse to give satisfaction by ex
pelling all heretics, " they must signify it to the Pope, that
he may depose him, absolve his subjects from their oaths of
allegiance, and give his kingdom to Catholics." s So the
Canon. So that if the Pope and a Popish General Council,
a Cogantur omnes principes Catholici bante Concilio, apud Binium, Concil.
conservare omnia sancita, &c. In lem- torn. ix. p. 49. edit. Paris, ann. 1636.
mate dicto, cap. Pra;fixo, in edit. Concil. Reges peremptorie requirimus.
Trident, ann. 1634, if I forget not, for I • Haereticos ab ecclesia notatos.
have not the book now by me. f Si requisitus neglexerit, per metro-
b Card. Tuschus, Conclusion. Pract. politanum et comprovinciales Episcopos
Juris, torn. vi. conclus. 41. sect. 40, excommunicationis vinculo innodetur.
41. 61. They are the words of the Canon.
c Imperator potest cogi ad ofRcium s Ut ex tunc ipse Papa vassallos ab
execrationibus et armis  Gregorius ejus fidelitate denunciat absolutos, et
VII. apud Platinam in ejus Vita. terrain exponant Catholicis occupandam,
d Leo X. in Concil. Laterano, appro-

BP. BARLOW.] PROTESTANT PRINCES. 241
very great for number (but as for learning and loyalty little
enough), consisting of 1215 Fathers, — I say, if these may
be judges, Kings and Princes are subjects and slaves to the
Pope, who may compel them to expel as many of their own
subjects as he shall call (or miscall) heretics out of their
dominions, and impose an oath upon them to bind them to
obedience ; and unless they obey such Papal commands, the
Pope may depose the Prince who disobeys, absolve his sub
jects from all oaths of allegiance, and his kingdom, forfeited
to the Pope by his disobedience, may be given away to any
to whom the Pope shall please to give it. Now, whether
such impious and rebellious positions, approved and owned
by the Roman Church in her greatest General Councils,
which she believes, at least would have us believe, infallible,
be not dangerous and pernicious to Princes, and destructive
of their just rights, let the world judge. I know that,
although the Jesuits and Canonists publicly approve and own
the doctrine of this Canon and the Lateran Council a, and the
consequences of it, yet some more sober Papists do not ; and
therefore two answers, or insignificant shifts, are brought by
some to evade or mollify, and lessen the impiety of those
consequences which are by Protestants inferred from it.
1. First, then, say they, that the Lateran Canon is to be
meant only of feudatory or subordinate, not of absolute or
supreme Princes.
But this is an evident mistake of the meaning of the
Lateran Canon, and in termini's, contradicts the express
words and sense of the Canon. For —
(1.) By the Canon, all Princes (supreme, and subordinate,
and feudatory), if they refuse to expel all heretics out of
their dominions, are to be excommunicated by the Metropo-
litan and the Bishops of his province, and then deposed by
the Pope, but with this difference expressed in the Canon.
When any subordinate Prince was deposed, it was with a
salvo b or proviso for the rights of his superior lord. The
a See a book lately printed, called Pope's power to depose Kings (out of
The Jesuit's Loyalty. It contains three Popish authors and councils) largely,
letters of a Jesuit (Father Kein, orKeins, and data opera, proved to be de fide.
if 1 forget not, was the man), in which b Salvo jure Dominii principalis.
this Lateran canon, and all the conse- They are the words of the third canon of
quences of it, are approved, and the that Lateran Council.
VOL. III. R

242 POPERY DANGEROUS TO [BP. BARLOW.
inferior lord deposed loses only what was his own proper
right ; his superior lord loses nothing. If the inferior lord
was to pay any rents, or owed any services to his supreme
lord, those he did not forfeit, but those remained due as
before to the supreme lord. But on this condition, that the
supreme lord himself did not concur to hinder the expulsion
of all heretics out of the dominions of the feudatory or
inferior lord a ; that is, if he hindered not the execution of
the Pope's commands. For if he did, then even he, the
supreme lord, must be deposed too, as well as the inferior
lord. The law aud decree of that Council involves both the
inferior and supreme lords, if both be guilty and negligent in
expelling heretics, in the same punishments of deposition
and loss of their dominions. For the Canon says, " That
the same law must be observed concerning those who have,
and have no superior lords.'"5 That is, the supreme lords (be
it King or Emperor), if they obey not the Pope's command,
and effectually expel all heretics out of their dominions, they
must by this Canon be deposed.
2. But admit, which is evidently untrue, that the Canon
meant only feudatory and inferior Princes should be deposed
by the Pope. The mischief and injustice is less, as a subor
dinate Prince is less than the supreme, but very great : and
even upon this false supposition, this power challenged by
the Pope, and approved by the Lateran Canon and Council,
will be not only dangerous, but pernicious, to subordinate
and feudatory Princes. This is too plain to need any further
proof. The second answer some bring to what we urge against
Rome from the Lateran Canon is this : they deny that
Council to be a general one, or, if it were, that it made any
a Dummodo ipse (Dominus princi- ann. 1243; Alexander IV., 1258 ; Cle-
palis) nullum prastet obstaculum, &c. — ment IV. aim. 1265, all confirm it, as
Cone. Lat. can. 3. appears in the Bullarium Magnum Ro-
b Eadem lege servata circa eos, qui manum, Lugduni, 1655, torn. i. p. 109.
non habent Dominos principales : and col. 2. ; and, lest it might be thought
this impious doctrine was not only ap- that they have altered their opinion now,
proved by Honorius III., and Pope Inno- and are become more favourable to
cent III., his next successor, but ap- Princes, they have lately added the con-
proved, confirmed, and referred into the firmation of it, by Innocent IV., to the
bodyof their Canon Law by Gregory IX. body of their Canon Law, Lugd. 1661.
cap. Excommunicamus, 13. Extra. De — Vide 7 Decret. lib. v. tit. 3., De Haiiet.
I-Ia;reticis ; afterwards Innocent IV., et Schism, cap. 1, 2.

BP. BARLOW.] PROTESTANT PRINCES. 243
Canons, and therefore the doctrine of that Canon, whatever it
be, cannot be imputed to the Church of Rome as approved
byit.a But this is as void of ground or truth as the former. For
this Lateran Council, and the Canons of it, have been, and
are universally received in the Church of Rome, the Council
as oecumenical, and the Canons attributed to it as genuine,
and not supposititious and spurious." That this may appear,
consider —
1. That all their writers de Conciliis, which I have
hitherto met with, do universally acknowledge it to have
been a General Council, and commonly call it Concilium
Lateranense Magnum, and cite the Canons attributed to it as
genuine. 2. All the Popish writers who have published the Coun
cils, or epitomes, and some of them, as Crabb, Surius,
Binius, Joverius, Caranza, &c, publish it as a General
Council. And Joverius confidently says, " that he cannot
see with what face any man dare deny it to be a General
Council."0 3. In their last and best editions of their Canon Lawd, there
is, in the beginning, a distinct catalogne of their General and
Provincial Councils, acknowledged to be such ; and this
Lateran is ever reckoned amongst those which they admit as
general. 4. There is a commonly received distinction amongst their
writers de Conciliis, wherein they tell us, that Concilia Gene-
ralia sunt — l.Approbata. 2. Reprobata. 3. Partim appro-
bata, partim reprobata. 4. Nee approbata nee reprobata,
of which last sort they make the first Council of Pisa.0 Now
this Lateran Council we are speaking of, they always reckon
amongst the General Councils of the first order, or those
a The author of the answer to the c Non video qua fronte audeat quis
Jesuit's Loyalty, London, 1678, p. 12., negare hoc Concilium esse CEcumenicum,
Father Preston, under the name of Wy- — Joverius, Concil. part 1. p. 120., in
therington, &c. lemmate Concilio praefixo.
b In the Bull by which Innocent III. a Vid. edit. Juris Canonici, Paris,
called the Lateran Council. The title is 1612 and 1618, and Lugduni, 1661, &c.
this — Indictio sacri et CEcumenici Con- e So Bellarmine, Longus a Coriolano,
cilii Lateranensis, pro 1 die Nov. 1215. &c.
In Bullario Rom. torn. i. p. 87. edit.
1655. ¦B. 2

214 POPERY DANGEROUS TO [BP. BARLOW
which are approved by their Church. Though this distinc
tion of Councils be ridiculous and inconsistent with truth, or
their own principles, as, were it my business now, or perti
nent, might evidently be proved ; yet by it it manifestly
appears that the Lateran Council was, in their opinion and
judgment, a General Council, which is that for which I
produce it. But, further, I say, —
5. In their own Canon Law (and as in others before,
so in a late and approved edition" of it) this Lateran
Council under Pope Innocent III. is acknowledged to be
a General or (Ecumenical Council. For in the Decretals
published by the authority and command of Pope Gregory
IX.b for the common benefit0, and with command that
theyd, and none else without Papal authority, should be
used by all judges in judicature, and by readers of law in
the Universities ; and all this confirmed by a Bull of Gregory
XIII.6; in the very first chapter of those Decretals, the
lemma, or title prefixed to it, is thus, " Innocent the Third
in a General Council."1 And that we may be sure it is the
Lateran Council he means, a great lawyer in his annota
tions (subjoined to that Bull of Gregory IX. before men
tioned) tells us, that " this Council was held at Rome, in the
Lateran, in the year 1215, in the eighteenth year of Inno
cent III. s; the Patriarchs of Jerusalem and Constantinople,
and the Bishops of almost the whole world," &c. So that
if the title of a Decretal published by Pope Gregory IX., or
the annotation upon it by Naldus, an eminent lawyer, and
the approbation and confirmation of both, by Pope Gre
gory XIII., be true, it will evidently follow that the Lateran
Council was a General or (Ecumenical Council. And
afterwards, in the same Canon Law and Decretals, we meet
with this title to another chapter : Idem in Concilio Gene-
rali? And it appears, both by the former chapters of that
0 Corpus Juris Canonici, Lugduni, * Cap. Firmiter, 1. Extra. DeSumma
1661. Triuitate. The title to that chapter is
b Vide Bullam Gregorii IX. Deere- this — Innocentius III. in Concilio Ge-
talibus prasfixam. nerali.
c Ad communem maxime studentium s Antonius Naldus: Hoc Concilium
utilitatem — Ibid. Roma; in Laterano celebratum, ann.
d Volentes ut hae tantum compila- 1215, et Innocentii III. 18., assistenti-
tione, universi, utantur in Judiciis et bus Hierosol. et Constantinop. Patriarchis,
Scholis, &c. — Ibid. et totius fere orbis Episcopis, &c.
* Bulla ha:c Roma;, data ann. 1580, b Cap. Nimis, 30. Extra. De Jureju^
Jul. I. et Corp. Juris Canon. pra;fixa. rando.

BP. BARLOW.] PROTESTANT PRINCES. 245
title, and the annotation on this, that Innocent III. was the
Popea, and that in the Lateran was the Council, which is
there called General/ And afterwards several times, to the
very same purpose0, especially in the Fifth Book of Gre
gory's Decretals, and the seventh title, where this impious
Canon for deposing Kings, and absolving their subjects from
their oaths of allegiance, is entirely registered for law,
referred to Pope Innocent III. in his Lateran Council, and
that Council declared (Ecumenical/
6. Lastly, to put the matter out of doubt, that the
Lateran Council was (Ecumenical and made Canons, the
Council of Constance6 testify it several times, and expressly
name it amongst those General Councils, to the observation
whereof the Popes were to swear f at their coming to the
Papal dignity. And although these authorities be abun
dantly sufficient to satisfy our more sober adversaries, yet I
shall add one more, which may, I hope, silence the more
confident. It is the authority of the Trent Council g, which
does expressly call it a General Council, and confirms one of
its Canons.
The sum of this discourse is, that if the concurrent testi
monies — 1. Of their own most learned, and, for dignity,
most eminent writers de Conciliis : 2. Or their publishers
of their Councils General and Provincial : 3. Or many
decrees of their Popes generally approved and received into
their Canon Law, of the last, and, as they tell us, of the
most correct editions : 4. Or of their General Councils, for
such they esteem them, of Constance and Trent : — I say, if
all these be of any validity, and with them some of those
testimonies are infallible, then it will evidently follow —
1. That this Lateran Council under Pope Innocent III. is,
a Cap. Veniens 16. attribuitur Inno- e Concil. Constant, sess. 19. p. 126.
centio III., and so are all the thirteen edit, in octavo, ann. 1514, et ibid. p. 2 SO.
following, and this thirty of which we et p. 312. In confirmat. Constitutionis
now speak. Frederici II.
b Concilium Latei-anura sub Inno- f Concil. Constant, sess. 39. in forma
centio III., so says the Annotation ad Professionis a Papa, electo facienda.
dictum cap. 30. lit. C. s Sess. 24. cap. 5. De Reformat, p. 290.
" Cap. Qualiter. 24. Extra. De Accu- edit. Salamanca, 1588. Constitutionem,
sationihus. sub Innocentio III. in Concilio Gene-
d Cap. Excommunicamus 13. Extra, rali, quae incipit, Qualiter et quando Sy.
De Hasrcticis. Vid. lemma dicti capi- nodus innovat.
tis, et annotat. lit. A. b. 3

246 POPERY DANGEROUS TO [BP. BARLOW.
and with them must be, an (Ecumenical or General Council.
2. And so those impious and damnable positions in the third
Canon of that Council, — (1.) that Kings and Emperors
may be excommunicated by their own Bishops for not obey
ing the Pope ; (2.) and deposed by the Pope ; (3.) and their
subjects absolved by him from their oaths of allegiance ;
(4.) and their kingdoms given away to those who obey and
please the Pope, — I say all those positions must be acknow
ledged to be the doctrines of the Roman Church, being
Decrees and Constitutions of her received General Councils,
which she professeth to be infallible, and therefore obliging
her to a firm belief of them. 3. This being evidently so,
that the Pope and his party (obliged thereunto by their
approved and received Canon Law and their General Coun
cils) do believe, and publicly profess, such impious, traitorous,
and damnable doctrines, it will be easy for all who have
good eyes and will use them, to see how dangerous and per
nicious such principles are to all, especially Protestant Kings,
Princes, and their people and subjects. And that —
First. In point of conscience, and in respect of their souls
and salvation, if they believe and receive such impious positions
and principles.
Secondly. In point of civil prudence, in respect of their
persons, honours, and estates, if they receive them not.
1 . In point of conscience if they submit to the Pope, and
believe and receive such heretical positions and damnable
doctrines, it must of necessity be dangerous and pernicious
to their souls. For this argument will be both consequent
aud evident : to believe heretical and damnable opinions and
doctrines is dangerous and pernicious to the soul (this all
sides confess) ; but to believe that the Pope can excommuni
cate and depose Kings, absolve their subjects from their
oaths of allegiance, so as they may lawfully murder and kill
their Kings so excommunicated and deposed, is heretical
and damnable doctrine3 ; as is declared in a great and full Par-
a I say lawfully, according to their Pope, has determined and made it law :
Popish principles, for, first, they say, it Non sunt homicida;, qui adversus excom-
is not treason to kill such a King after municatos, zelo matris Ecclesiae arman-
deposition, for he is not King then, nor tur, eosque trucidant. This is the de-
his people (absolved from their oaths of termination of Pope Urban II. ; and it
fidelity) subjects. Nor is it murder, for is law in Gratian, cap. Excommunicato-
their supreme and infallible Judge, the rum 47. caus. 23. quais. 5.

BP. BARLOW.] PROTESTANT PRINCES. 247
liament on occasion of that horrid and bloody Gunpowder
Treason, in the fifth year of King James, in the Oath of
Allegiance": which oath not only you and I, but all the
Clergy, the Nobility, Magistrates, all Graduates in the
University, &c, have or should have taken ; and so by a
solemn and sacred oath have sworn such doctrine to be
impious, damnable, and heretical. Other arguments I need
not use to you, or any who love truth and the Church of
England, to prove the error and impiety of such opinions,
and the danger those poor deluded souls are in who believe
and practise them. The Trptbrov \|/s58o£, the original error,
from which the rest follow, is that vast supremacy which
the Pope, as Peter's successor, challengeth and:, when he
has ability, usurps over Kings, — a power St. Peter never
had nor pretended to ; who knew no power in himself, or
any other mere man, superior to Kings. " Submit your
selves," says he, " to every human ordinance, whether to
the King as supreme," &c.b He who says the King is
supreme, does with the same breath and undeniable con
sequence say he has no superior ; it being a. manifest con
tradiction to say any thing is superior to that which is
supreme. St. Peter commands all to submit; themselves to
their Kings (and there were none then but pagan and
idolatrous Princes), and obey them as supreme governors ;
the Pope commands subjects to disobey their Kings (if he
miscall them heretics-), to refuse any assistance or subjection
to them, to take arms against them ; and tells them, that if
in zeal to the Catholic cause they kill them or any heretic
it is no murder0 : and threatens them with excommunication
if they do not what he commands them. Now, let any sober
person tell me whether they can in this case disobey the
Apostle and obey these impious commands of the Pope,
a I do from my heart abjure and de- well as erroneous, exposition of it, you
test, as impious and heretical, that damn- will have reason to think him a fool
able doctrine and position, that Princes, rather than infallible ; and yet it is in
that are excommunicated or deprived by their Canon Law, cap. Solicitse 6. Extra.
the Pope, may be deposed or murdered De Majoritate et Obedientia.
by their subjects or any other. So the c Non sunt homicida;, qui adversus
oath in the statute 5 Jac. cap. 4. excommunicatos, zelo matris Ecclesia;
b 1 Pet. ii. 13. This place troubled armantur. — Lemma ad dictum cap. 47.
Pope Innocent III.; and if you will caus. 23. qujest. 5.
consult and consider his ridiculous, as B 4

248 POPERY DANGEROUS TO [BP. BARLOW.
without great aud apparent danger to their souls ? Our
blessed Saviour, whose Vicar the Pope pretends to be, does
himself pay "tribute to Caesar,"3 though a pagan and
idolater, leaving us an admirable and most pious example
of that obedience and loyalty due even to impious and pagan
Princes : nor is this all ; for he further gives express com
mand " that all should render unto Caesar the things which
are Caesar's." b He acknowledgeth the Imperial rights of
Caesar, of which his impiety and idolatry did not deprive
him/ St. Paul, both by his practice and precept, confirms
the same doctrine. 1. He acknowledges the Emperor's
power superior to his, though he was an Apostle d not in
ferior to Peter or any Apostle, which he twice affirms to
the Corinthians : " I stand at Caesar's judgment-seat," saith
he, " where I ought to be judged, if I have done anything
worthy of death."6 He pleaded no exemption from the
jurisdiction of the civil magistrate in a criminal cause, as
now every Popish Bishop f does, as by their law they may ;
but he confesseth the superiority of the Civil power, and
appeals to it: "I appeal to Caesar," g says he. It is evident
that all appeals are from an inferior to a superior judge,
and one who has jurisdiction over the appellant and cogni
zance of the crime, and, therefore, Paul appealing to Caesar
does ipso facto acknowledge him his legal and superior
judge. So far was St. Paul from believing those Popish
and rebellious principles, and from disloyalty or disobedience
to that Imperial, though pagan, power under which he
lived, that he publicly acknowledged and humbly submitted
to it. 2. Nor was he only in his own person obedient and
a loyal subject to the Emperor, but (writing to the Romans)
he did, as an Apostle of Jesus Christ, command them also
to be loyal and obedient11: "Let every soul (every man')
a Matth. xvii. 27. Vid. Rob. Abbot, de ° Acts xxv. 10,1.1.
Suprema Potentate Regia, pralsct. 4. p. T Concil. Tridentinum, sect. 24. cap.
38^ 5. De Reformatione.
° Mark, xii. 17. s Act. xxv. 11. Vid. R. Abbot, de
c Dominium non fundatur in gratia, Suprema Potestat. Regia, marlect. 60.
&c. p. 60, 61.
d OiiStv v(TT€p7]o'a t&v vwtp \lau' AttoctS- h Rom. xiii. 1.
Aay, &c. " In nothing short of the very ¦ Gen. xlvi. 27. ; Lev. xxii. 3. 6. 11.
chiefest Apostles." — 2 Cor. xi. 5., and xii.
11.

BP. BARLOW.] PROTESTANT PRINCES. 249
be subject to the higher (the supreme8) powers," &c And
then he adds, " That they should render to them tribute,
custom, fear, honour, and all their dues."6 By supreme
powers0 here, he means men possessing supreme power ;
and the supreme power under which he and the Romans
then were was Nero, a most impious pagan and persecutor
of Christ and Christians ; and yet every soul within his
empire (even Peter as well as Paul) was by the law of
God and the Gospel to be subject to him, to fear, honour,
pay him tribute, and loyally obey him, as by the before said
examples and precepts of St. Paul and our blessed Saviour
evidently appears. Now your Popish doctrine and (by
them) approved principles contradicts all this ; and let
St. Peter, St. Paul, and our blessed Saviour say or do what
they will ; let them .acknowledge Caesar's supreme power,
and command obedience to him (though a pagan), and submit
to his power themselves : yet at Rome they acknowledge
no supreme power but the Pope ; whom, as I have before
shown d, they make vastly superior and greater than Kings;
so that, when he thinks fit, he may depose a King or
supreme Prince, and command their subjects, upon pain of
excommunication and an anathema, to pay them no tribute,
fear, or honour, nor obey any of their commands6: for such
is the style of their anathemas and damnatory Bulls, par
ticularly of that wherein Pope Pius V. deposeth Queen
Elizabeth, quoted in the margin. This premised, as evidently
certain, be you judge whether it be not a great crime and
crying sin for any subjects to believe this rebellious and
Popish doctrine, against the express command of our
a 'Tirepexov<rai, suprema;, 1 Pet. ii. 13. tion there says the Papal power is 7744
It is the same word in Peter and Paul times greater than the Imperial.
too. e Praecipimus universis subditis, ne
b Rom. xiii. 7. illi ejusve mandatis aut legihus audeant
c For i^ovo'lai, ver. 1., are apxovrts, obedire, qui secus egerint, anathematis
ver. 3., and Hidfcovoi rov ®eov, ver. 4. sententia innodamus. — Ita Bulla Pii V.
d See the place before cited, cap. So- de Damnat. Elizab. ann. 1570 Eliz. 13.,
licit. 6. Extr. De major, et obedient., in Bullario Romano. Lugd. 1655, torn. ii.
where Pope Innocent III. sa^s, that the p. 303. Sometimes they are forbid in
Papal power is greater than the Im- such Bulls : Ne consilium, juvamen
perial, as much as the Sun is greater opera;, operamve aliquatenus impen-
than the Moon. The gloss there says, dant Regi deposito. So in the deposi-
he is 47 times greater ; the note in the tion of the Emperor Frederick II. ; in
margin says 57 times; but (upon ma- Bullario dicto, torn. i. p. 106. col. 1.
ture consideration, no doubt) the addi-

250 POPERY DANGEROUS TO [BP. BARLOW.
blessed Saviour and his Apostles in the Gospel : and if it
be, as undeniably it is, then it is as certain that the belief
and practice of such doctrine and principles is not only
dangerous, but, without repentance, pernicious and damnable
to those miserably deluded souls who do so believe and
practise it.
And it is considerable, and undeniably certain, that their
Popish doctrine and received principles do not only approve
the excommunication and deposition of Kings, the absolution
of their subjects from their oaths of allegiance, their pro
hibition of them to obey the laws or commands of their
Princes so deposed, that they may take arms and innocently
kill all heretics, Princes, or people ; but they are encouraged
to do this by their Pope's Decretals, approved and received
for law3 in the body of their Canon Law in the last, and, as
they say, the most correct editions of that law, approved and
established by the Bull and authority of Gregory XIII.,
with the promise of Heaven and eternal life if they die in
the war against the enemies of the Roman faith, heretics
and infidels. This was a fair promise ; but Pope Inno
cent III. (Popes having for some ages been liberal in pro
mising what they had no power to give) promises more ;
for, besides a plenary remission of sins, he promises not
only Heaven, but a greater degree of glory in itb, to the
Crusaders, the Crucisignati, soldiers marked with a cross,
who, as it was pretended, were raised to recover the Holy
Land from the Saracens ; but they, or some with the like
indulgence, employed to murder the poor Waldenses0 which
with barbarous and inhuman cruelty they did. Now how
a Vid. Gratian. Can. Omnium 46. in Heaven ; this (as is pretended) infal-
caus. 23. queest. 5., et ibid. Can. Omni lible judge erroneously and ridiculously
timore, 9. qua;st. 8. Vid. glossam et builds upon the power of binding and
Turrecrematam ad dictos Canones. loosing, which every Apostle had as well,
b Vid. Bullam Innoctntii III. dat. and as much as Peter, and every Bishop
Laterani, 19 Cal. Jan. ann. Pontificat. in the world as much as the Pope.
18., et ann. Dom. 1215 Mag. Bullarii c Catholici, qui erucis assumpto cha-
Roman. torn. i. p. 89. sect. 17. dicta; raetere, ad Haereticorum exterminium
Bullae. Nos ideo (they are the words se accinxerint, ilia gaudeant indulgentia,
of the Bull) omnibus .... plenam pecca- quae accedentibus ad Terra; Sancta; sub-
torum omnium veniam indulgemus, et sidium coneeditur  Concil. Lateran. sub
in retributione Justorum salutis aeterna; Innocent. III. can. 3. Vid. dictum
poUicemur augmentum. And all this ex- Leonis Papa; IV. apud Gratianum Can.
travagant power of pardoning all their Omni timore 9. caus. 33. quaest. 8.
sins, and giving higher degrees of glory

BP. BARLOW.] PROTESTANT PRINCES. 251
dangerous to the soul sin so encouraged must be, a weak-
sighted man may easily see without spectacles or further
proof. Be it concluded then, such Popish principles, when
believed and practised, are not only dangerous to the soul,
but pernicious, and, without repentance, destructive of
salvation. 2. But, besides that such Popish doctrines and principles,
in point of conscience, are dangerous to the soul, and, with
out true repentance, destructive of salvation, they are also,
if considered in civil prudence, dangerous and pernicious to
Princes and supreme powers ; depriving them, when put in
execution, of all their honours, estates, and lives too. The
truth of this is, without further proof, notorious, by the sad
and miserable ruins of many great Princes, caused by Popes
and their party, who approved and practised such rebellious
Popish principles as we are speaking of. I say, the ruin of
great Princes.
(1.) Before the Reformation, who were no Protestants ;
aud some since, who were Papists too.
(2.) Since the Reformation, who were indeed Protestants,
or as such, or favourers of them, excommunicated, and
deprived of their crowns and kingdoms ; though the excom
munications did prove bruta fulmina, vain and ineffectual,
and did not that mischief which their impious author in
tended, for which we are to thank the good providence of
Heaven, and not the Pope.
1 . For the first ; authentic stories tell us that Pope Za
chary deposed Childerick, or Chilperick, King of France,
about the middle of the eighth century.3 (2.) Gregory VII.
deposeth Henry IV., and causeth great and miserable re
bellions and bloodshed in the Roman empire, in the eleventh
century. (3.) Pope Sylvester III., in the twelfth century,
excommunicates the Emperor Henry V., et maqnas turbas
in Germanid excitat, says Urspergensis. (4. ) Pope Inno
cent III. excommunicates Otho IV. in the beginning of the
a And a little before him, Pope Gre- position : — Sic exemplum posteris dig-
gory II. deposed the Emperor Leo num reliquit Gregorius ; ne in Ecclesia
Isaurus, because he was against images, Christi regnare sinerentur hajretici Prin-
which was ann. 729. Vid. Baron. Annal. cipes. The Cardinal everywhere highly
ad ann. 730. num. 5., where he has approves this doctrine, &c. Vid. Baron.
this note concerning that Emperor's de- ad ann. 593. num. 86.

252 POPERY DANGEROUS TO [BP. BARLOW.
thirteenth century. (5.) Innocent IV., in the same century,
deposed the Emperor Frederick II. In short, to omit many
others, the barbarous murders of Henry III. and Henry IV,
of France, have been, and most justly were, and will be im
puted to these Popish principles, in the belief of which those
impious assassins were confirmed and catechised. Sure I
am, that Pope Sixtus V. did approve and highly magnify
the impious fact of Jaques Clement, the Dominican, who
was the murderer of Henry III., in that famous and im
pious speech of his, made to his Cardinals, no doubt as well
pleased as the Pope, in the Consistory a, and afterwards
printed and published at Rome ; an evident argument that
they were not, though great reason they should have been,
ashamed of it ; for certainly they would never have printed
what they did not approve.
2. But although the Popish positions and principles we
are speaking of, are dangerous to all supreme powers, even
Roman Catholics, as appears by what is already said, yet
more especially to all Protestant Princes and people. For,
(1.) All Protestant Kings and subjects being declared
heretics, are excommunicated, and solemnly cursed by Pope
Paul IV. b, about 120 years ago ; and that we may take
notice of it, it is lately referred into the body of their Canon
Law.0 Now, this excommunication contains many con
siderable particulars, as, 1. All Heretics, of what dignity
soever, Barons, Earls, Marquises, Dukes, Kings, and Em
perors d, none excepted, they are all involved in the same
curse and anathema. 2. Nor is it only those heretics who
then were in being, but all also which afterwards should be.e
So that our gracious King and his Protestant subjects now
are as much under the curse, as Queen Elizabeth and her
subjects were, in the first of her reign, when that Bull was

a This speech of Sixtus V. was printed dated at Rome, ami. 1558, which was
at Paris, ann. 1589, according to the 1 Elizabethan
Latin copy printed at Rome, as is at- d Quacunque dignitate, etiam Comi-
tested by three doctors of the Sorbomie. tali, Baronali, Marchionali, Ducali,
b The form of that excommunication Regia, seu Imperiali prsefulgeant.
is now extant in the body of their law, • Quicunque hactenus a. fide deviarunt,
lib. vii. Decret. lib. v. tit. 3. De Ha;re- seu in posterum deviabunt, seu in haeresin
ticis et Schism, cap. 9. incident, &c.
c The Bull of excommunication is

BP. BARLOW.] PROTESTANT PRINCES. 253
first published. 3. Nor was this Bull rashly made, but
after mature deliberation with the Cardinals, and by their
counsel and unanimous consent." It was, it seems, a pre
meditated and deliberate, as well as an impious act they were
about ; for impious it was, and by all sober and impartial
judges, ever will be thought so. 4. The punishments which
this Bull ties upon Heretics are excommunication, suspen
sion, deprivation, and all other punishments which any Pope,
in any Papal Canon or constitution, howsoever made, de
nounced against heretics b; all which Canons and constitu
tions he approves, confirms, and will have perpetually
observed. 5. And for Kings and Emperors (the same is
for Barons, Earls, Marquises, and Dukes) they are totally
and for ever deprived of their kingdoms and empires, and
made incapable ever to enjoy them.0 The same censure
passeth upon Bishops and Archbishops, which were heretics
then, when the curse was published, vel in posterum in
Hceresin incident, " or for the future ever should be heretics."
Nor is this constitution, which denounceth this curse, tem
porary, but constitutio inperpetuum valitura, " a constitution
and a curse to be in force and effectual against heretics for
ever." Nor is there any need of any legal process to convict
any person of heresy before the curse came upon him ; but,
eo ipso absque aliquo juris vel facti ministerio (they are
the words of this impious excommunication), all heretics,
by being so, without any accusation or legal conviction, are
actually under that curse : so that our gracious King, all his
Protestant Nobility, all Archbishops and Bishops, eorum
etiam receptatores, fautores, Sec, and all who shall receive
or any way favour them, stand actually excommunicated and
accursed.4 And here I desire to know of our Papists, who

a Habita cum Card, deliberatione ma- c Regnis et Imperio penitus et in
tura, et de eorum Consilio, et unanimi totum perpetuo sint privati, et ad ilia de
assensu, &c. czetero inhabiles et incapaces, &c.
b Omnes suspensionis, excommuni- d Vid. Constit. 34. dementis Papa; X.,
cationis, interdicti, privationis poenas, a which next follows, and Alexandri VII.
quibusvis Rom. Pontificibus, aut pro Constit. 16. dat. Roma;, ann. 1656, in
talibus habitis, per eorum literas extra- Bullario Romano, torn. iv. p. 218., where
vagantes, seu in consiliis seu patrum we are referred to many more such forms
deeretis et canonibus quomodolibet con- of excommunications.
tra hasreticos latas, approbamus, innova.
mus, et perpetuo observari volumus, &c.

254 POPERY DANGEROUS TO [BP. BARLOW.
do, as much as any, pretend to loyalty, do they, as good
subjects should, favour their King, or do they not ? If not,
then they neither are, nor can be good subjects ; if they do,
then they disobey their supreme and infallible judges, and
are, as well as we, under the excommunication and the Pope's
curse, and so no members of their so much, and with so little
reason, magnified Roman Church.
(2.) But lest this excommunication and curse might not
prove so effectual as they desire, to blast all Protestants
(which they make, for they are not so, the worst of all
heretics) the curse, to make sure work as they think, and
would have it, is solemnly renewed every year in that famous
and impious Bulla Ccence Domini, read every year on
Maundy Thursday, wherein all Protestants are by name
cursed, whether Princes or people. " We excommunicate
and curse," says the Pope, in that Bull, " all Hussites, Wick-
liffists, Lutherans, Zwinglians, Calvinists, Hugonots, &c,
and whosoever shall receive, defend, or favour them." b And
here again, it will concern our Roman Catholics seriously to
consider into what straits the ambition and unparalleled pride
of their Popes has brought them. For if, according to their
duty, they defend their King, they are cursed at Rome ;
and if they do not defend him, then they do not perform
that duty of allegiance and fidelity to their King to which
by the law of God and Nature they are indispensably bound,
and so will be, according to their desert, accursed in Heaven.
And here, it is a short question which they are concerned to
answer, whether they resolve to obey God or the Pope.
(3.) But this is not all ; for after this excommunication and
curse laid upon all Protestant Princes, after their deposition
and total deprivation of all their royal power and dignity,
and a perpetual incapacity brought upon them, disabling
them for ever to return to those lost rights ; another curse
is consequent, and immediately follows such excommunica
tion : their subjects are declared free from all obligations of
loyalty and fidelity, due to such Princes, while they stand
a A form of this Bull we have in et Pauli, ac nostra, quoscunque Hussitas,
Bullar. Roman, torn. iv. p. 528. Constit. Wickliffistas, Lutheranos, Zuinglianos,
34. Clement X. ann. 1671. Calvinistas, Ugonottos, &c, eorumque
b Excommunicamus et anathematiza- receptatores, fautores, et defensores.
mus, ex parte Dei, et authoritate Petri

BP. BARLOW'.] PROTESTANT PRINCES. 255
excommunicate. This the Decretal of Pope Honorius III.3,
and it is made law by Pope Gregory lX.b, and approved and
confirmed by Pope Gregory XIII.0, tells us, " that while
any Lord remains excommunicate, his subjects owe him no
allegiance or fidelity."11 That is the title : and then it follows
in the Decretal, speaking of a Count who was excommu
nicate, that the " Pope commands those to whom he writes,
that they should declare to the subjects of that excommu
nicated Count, that they were fully absolved from their oath
of fidelity, while their Lord continued excommunicate."6 How
dangerous this doctrine may be to our gracious King, and
all Protestant Princes, who stand actually excommunicated
at Rome, and how little trust they can repose in their Popish
subjects, I need not tell you, seeing such subjects, by their
authentic laws, and the declared and definitive sentence of
their supreme and infallible judge, are assured that they owe
no allegiance or fidelity to their excommunicated Sove
reigns. (4.) Nor is this all ; for there is, at least in the judgment
and belief of our adversaries, a far greater and more per
nicious consequent and effect of their excommunication and
curse of Protestant Princes. For the mischiefs of their
excommunications hitherto mentioned are only temporal,
though the greatest in that kind possible, as loss of their
Royal power, livelihood, and life itself. But they say, there
is another, a spiritual effect, which concerns the soul, and is
the greatest mischief and misery it is capable of. For they
say, that heretics (Protestants with them are declared such)
dying excommunicate, as all good Protestants do, are eter
nally damned. For, 1. "A very great Canonist of our
own nation (while Popery unhappily prevailed here) tells
us, that every excommunicated person is a member of the
devil f : and for further proof of this, he cites Gratian and the
a Honorius III. Prasposito Archidiac. tatis juramento denuncietis penitus ab
et H. Canonico Suession. solutos. They are the words of the law ;
b Cap. Gravem, IS. Extra. De Pcenis. and if you consult the gloss, and Card.
c In Bulla Corp. Juris, Can. prsefixa. Turrecremata's commentary upon it, you
d Domino excommunicato manente, may find more to that purpose.
subditi fidelitatem non dehent. So the f Excommunicatusest membrum Dia-
lemma or title of that thirteenth chapter, boli. — Lindewood in glossa ad cap.
e Fideles ipsius (quamdiu in excom- Seculi Principes, verbo Reconciliationis.
municatione perstiterint) ab ejus fideli- De Immunitate Ecclesia?.

256 POPERY DANGEROUS TO [BP. BARLOW.
Canon Law.3 And a far greater author than Lindewood or
Gratian, and in our days long after them, more plainly tells
us b, that Pope Gregory VII. did not only depose the Em
peror Henry IV., but excommunicate and decree him to be
eternally damned. And for this, he cites Pope Gregory's
own epistles, who best knew his own mind, and the mean
ing of his own decree.0 So that in the Pope's and Cardinal's
judgment, such an excommunication is a definitive sentence,
and a Papal decree, whereby the persons excommunicate
are consigned and doomed to eternal damnation. Whence
we may understand the meaning of the titles usually pre
fixed to such damnatory Bulls of excommunication ; such as
these, damnatio et excommunicato Hen. VIII., by Pope
Paul III. d, damnatio et excommunicato Elizabethce, by
Pius V.6, where it seems by what the Pope and Cardinal
before told us, that it is not any temporal, or not that only,
but the eternal damnation of soul and body, which is in
tended and desired by them in their uncharitable and impious
anathemas and excommunications ; whence also it mani
festly follows, that all Protestants, Kings and subjects,
Princes and people, who, by many Papal Bulls and ana
themas, stand actually cursed and excommunicated, are in
a damnable condition ; and if they die (as they do, and
should) without Popish absolution, by this Roman, un
charitable, and unchristian divinity, they are eternally
damned. This I say, not that I think such Papal Bulls
and excommunications either have, or can have, any such
effects, or bring such danger to Protestant Kings or subjects
as is pretended ; for I believe and know, that they are
bruta fulmina, insignificant squibs of false fire, which can
neither hurt their souls here, nor hinder their salvation
hereafter ; but notwithstanding this, they may prove danger
ous and pernicious to Protestant Princes, as they may be,
and are great encouragements to their Popish subjects to
a Gratian. Can. Omnis Christianus, d Bullario Roman. Pauli III. Constit.
32. caus. 2. qusest. 3. 7. p. 704. torn. i. in Magno Bullario
b Non modo deponi, sed etiam excom- Romano, Lugduni, 1655.
municari, et in seterno examine damnari e Constit. Pii V. 101., ibid. torn. ii.
decrevit  Bakon. Annal. torn, viii., ad p. 303. edit. 1655.
annum Christi 593. num. 86.
c Gregorius VII. lib. iv. epist. 2. et
23., et lib. viii. epist. 21.

BP. BARLOW.] PROTESTANT PRINCES. 257
rebel and disobey their sovereigns, and securely as to any
thing of conscience or injustice in it, act anything to their
ruin. For they who believe the Pope's pretended power,
that he can deprive their Prince of all Royal power and
dignity, and that he has actually done it ; that he has ab
solved them from all obligations of allegiance and fidelity
due to him ; that he is a member of the devil here, and
surely to be damned hereafter ; and that to kill him is no
murder ; — I say, those who submit to the Pope, and believe
these erroneous and impious doctrines, as all must who be
lieve the Pope or the Roman Church infallible, have too
much encouragement, not only to disobey and rebel, but
when they have power and opportunity to take away their
Prince's life, as being a person odious to God and man, and
by the Pope, their infallible and supreme judge, by their ap
proved laws and their General Councils, declared to be such,
especially seeing that if they miscarry in that attempt, and
while they seek their Prince's life, lose their own, yet their
names shall in red letters be registered in the Calendar, and
they by their party shall be reputed martyrs, as all know
that Campian, Garnet, and our powder traitors are. An
honour, I am so far from envying them, that I should be
very glad, and so would many thousands more, to see our
present conspirators, according to their merit, referred into
their Calendar amongst such martyrs, that so we might be
freed from the fears of those prodigious villains, and mis
chiefs they intended and endeavoured to act here, against
their gracious Sovereign, the Church and State : and there
is too much reason to believe, that while they live, and have
ability and opportunity, they will prosecute those black
designs. Dirum omen misericors (qui solus potesf) aver-
runcet Deus.
These are the known positions and doctrines of the Church
of Rome, approved and received by the supreme authority
of that Church ; which (in thesi) when they are believed,
may be very dangerous, and when (in praxi) put in execu
tion, and they who believe such impious doctrines act accord
ingly, pernicious to all Kings, Princes, and people, especially
heretics (as they miscall them), who embrace not all their
Popish errors ; in which number all Protestants, Kings and
VOL. III. s

258 POPERY DANGEROUS TO [BP. BARLOW.
subjects, are, by them, always included. And that the Popish
party, especially Jesuits, since their unhappy appearing in the
world3, as also their Ecclesiastics secular and regular, with
their adherents, have acted according to those principles, for
some ages last past : and what barbarous murders, depo
sitions of Princes, and fatal tragedies, have been the sad
consequences of such belief and actings, both our own and
foreign historians abundantly testify.3 And here,
1. I shall pass by the horrid murders and massacres of
the poor Waldenses, who, upon prosecution of the aforesaid
principles, have been persecuted with fire and sword, armies
and inquisitions b, and very many thousands, nay, infinite
numbers of them, as some of their own writers testify, have
been inhumanly murdered, causa indicia et inauditd, many
times, especially in Fiance, to say nothing of other countries.
2. I desire you to consider that barbarous and prodigious
villany, the great massacre of Protestants in France, A. D. 1572,
where and when above 30,000 or 40,000 innocent Protest
ants in Paris, and other parts of France, were suddenly and
inhumanly murdered by Papists acting upon such Popish
principles as I have before mentioned.0 And this horrid
villany was so far from being publicly disapproved and
damned by the Church of Rome, or the impious actors
punished, that the news of it was received at Rome with
great joy, and giving thanks to God for it, quasi author et
consors sceleris fuisse Deusd ; nor was it so at Rome only,
but in other places too Papists received that news with great
joy. An evident argument that they approved both that
impious doctrine, and the pernicious effects of it.
3. To omit the many seditions and rebellions in the time
of Henry VIII., after he had denied the Pope's supremacy,
and Edward VL, caused by such persons and principles, it
a The Order of the Jesuits was ap- mean, was written by Nic. Eymericus,
proved and instituted by Pope Paul III., printed at Venice, 1607.
ann. 1540, and highly encouraged by c Abrege Chronologique, &c, par le
succeeding Popes. Vide Bullarium Ro- Sieur de Mezeray, Paris. 1567, torn. iii.
manum, Lugduni, 1665, torn. i. p. 738. p. 1082. 1086. ad annum 1572.
b Vid. Matth. Paris, ab ann. 1100, et d This testified by Thuanus, a faithful
Historiam Waldensium, Directorium In- historian, Hist. lib. liii. ad annum 1572,
quisitorum, Historiam Inquisitionis; Ar- p. 837. edit. 1620., and by Fab. Stradsi,
machanum, De Statu et Succes. Eccles. de Bello Belgieo, lib. vii. p. 373. edi-
&c. That Directorium Inquisitorum, I tionis Roma;, 1648.

BP. BARLOW.] PROTESTANT PRINCES. 259
is notoriously known, that the same party, in prosecution of
the same principles and Popish interest, did, in the reign of
Queen Elizabeth, continually conspire, and endeavour to take
away the life of that good Queen by poison, pistol, and such
other impious (and to persons of such principles, usual) ways
of assassination " ; to raise rebellions and armies, having the
Pope's assistance and blessing to encourage them to that
villany, to destroy her and her religion. And when all this
would not do, Heaven blessing what Rome impiously cursed,
Pope Pius V. gives the kingdoms of England and Ireland
to Philip II. King of Spain ; and he, with the Pope's assist
ance and blessing, sends his, as he and his Holiness imagined,
invincible armada to take possession. b But that vast armada,
and the Popish impious design, were utterly defeated ; not
so much by the Queen's fleet, which was very inconsiderable,
as by great storms and tempests, the immediate hand of
Heaven, and a most gracious and miraculous Providence :
and this was so evident, that the admiral of that armada,
the Duke of Medina Sidonia, blasphemously swore, " That
he feared Jesus Christ was turned Lutheran." But Philip
King of Spain, hearing of the strange defeat and ruin of his
fleet, and seeing the hand of Heaven in it, said more soberly,
— " That he did not send his fleet to fight against God (to
whose power and providence he attributed the loss of it), but
against men."
4. The Queen being dead, Popish conspiracies did not die
with her : the Pope and his party continue as industrious and,
as to their designs and plots, as impious as before. They
saw and knew, that King James, a Protestant, was legal
successor and heir to the crown of England, yet used all
Roman arts to hinder his having possession of it ; and to
this end, Father Parsons, the Jesuit, writes a book to prove,
a Vid. Speed's Chron. in Q. Eliz. b In depositione Elizabethae Anglia;
ann. 1584, of Dr. Parries' designed as- Regina;, Pius V., jus Britannia; et
sassination of the Queen, by the encou- Hiberniae ad Philippum II. Hispaniae
ragement of the Jesuits, Card, de Como Regem transtulit ; vi cujus donationis,
and the Pope promising a plenary indul- demandatus postea Sidonius fuit, ann.
gence for that (as they called it) meri- 1588, classe Hispanica instructus ut
torious act. See the like attempt of regna Britannia; possideret. — Remon-
Ed. Squire to poison the Queen, on the strant. Hibernorum per fratrem Rob. Caron.
like encouragement, in Speed in Vita part 1. cap. 3. sect. 4. p. 7.
Eliz. p. 1263. num. 122. s 2

260 POPERY DANGEROUS TO [BP. BARLOW.
what was evidently untrue, and he could not choose but know
it, that King James had no just title to the crown of Eng
land, though the whole right of the Saxons and Normans,
and of the Houses of York and Lancaster, were entirely and
evidently united in him. But when these Popish and Jesuitical
arts prevailed not, having neither true reason nor religion to
further their designs, which were impious and irrational, they
contrive and resolve to execute such a conspiracy, as, for
barbarous and prodigious villany, neither heathens nor hell
had, till that time, ever put in execution : I mean the Gun
powder Treason, which was not any ordinary or before-
known wickedness, as the killing a King, or poisoning a
Prince, &c, but a black and unparalleled villany, worthy Rome
and a Jesuit ; the blowing-up of a whole Parliament, King,
Lords, and Commons, the murdering of a kingdom in its
representatives ; and this in a moment before they could see
or dream of any danger.3 But though this, for its impiety,
was a prodigious conspiracy, carried on with sworn secrecy,
and lay hid in the dark, and under ground, yet there is no
power or policy against Providence, nor concealing any
thing from the all-seeing eye of our God ; he saw, and
graciously discovered that horrid, Popish powder-treason, to
the preservation of his people, the confusion of their adver
saries, and, nisi periisset pudor, if they had any, to the
eternal shame of Papists, and Popery, their religion, which
approves and encourages such abominable impieties.
5. When King James slept with his fathers, and was
translated to a better kingdom, out of the reach of such
Popish conspirators, and whither, without a serious and
timely repentance of such inhuman villanies, they can never
come, their designs slept not ; they prosecuted their plots
and conspiracies, to ruin our Church aud established Re
ligion, as much in Charles I.'s, as in his father's time. And
at last it came to this issue, that, other means failing, the
a See the Act of Parliament 3 Jacobi, genious tract, called the History of the
cap. 4, 5., where we are told by the Gunpowder Treason, and those authors
Parliament of the hellish conspiracies of out of which he collected it, in the last
the Jesuits and Seminary Priests. For page of that tract ; and the authentic
a more particular narrative of the horrid history of the trial of those traitors, now
powder plot, you may consult an in- in the press, and reprinting.

BP. BARLOW.] PROTESTANT PRINCES. 261
King and the Archbishop of Canterbury must be made away.3
This was conceived the likeliest means to compass their ends,
and bring in that religion they miscall Catholic and Christian.
For certainly such barbarous murders and assassinations may
possibly promote Turkism, and the errors of Mahomet, and, if
you will, Popery, but never were, nor can be, anyjust means to
propagate true Christianity. This traitorous conspiracy to
murder Charles I., and the Archbishop, &c, was discovered by
an honourable person to the English ambassador in Holland,
and by him to the Archbishop, and by him to the King.
And the original copy of the discovery, being found in the
Archbishop's library, after his death, was then published, and
is in print, in many hands, and, amongst others, in mine.
In the mean time, our unhappy Civil Wars began ; and our
Popish conspirators, animated by a belief of such rebellious
doctrines and principles as I have before-mentioned, and
encouraged and assisted by the Pope, are first in arms, and
the bloody Rebellion ; and in Ireland murdered above
100,000 Protestants in cold blood, without any provocation
given, but to kill heretics, which, according to their impious
and erroneous principles, was lawful and meritorious, and
thereby promote the Catholic cause. This is notoriously
known to both kingdoms, England and Ireland. And further,
when in the process of that fatal Rebellion, carried on openly
by English, and covertly by Popish rebels, that good King
was taken, imprisoned, with design to brings his sacred head
to the block, for the distance is seldom great between a
Prince's prison and his grave, our Popish conspirators had a
council of Priests and Jesuits, which sat in London, and
signified the condition of their affairs here to a council of
their confederates at Paris ; and they transmitted the case
to Romeb, from whence directions and commands were re-
a This Jesuitical and Popish plot was (I cannot call it worse) Jesuitical con-
discovered by Andreas ab Habernfeld to spiracy.
Sir W. Boswell, our ambassador at the b The question put to the Sorbonne
Hague, and by him to the Archbishop of (then almost wholly Jesuited) by our
Canterbury, afteT whose death the ori- English Jesuits, sent from London, was
ginal was found in the Archbishop's (in writing) this: — That seeing the state
library, and then printed, and is lately of England was in a likely posture to
reprinted under this title : The Grand change the Government, whether it was
Designs of Papists in the Reign of lawful for the Catholics to work that
Charles I., §-c, London, 1678; where change, for the advancing and securing
you have an authentic discovery of that the Catholic cause in England, by mak-
s 3

262 POPERY DANGEROUS TO [BP. BARLOW.
turned by the same way back again to London. In short,
it was determined, that it was for the interest of the Catholic
cause that the King should die ; and accordingly their council
of Priests and Jesuits in London voted his death. This is
now notoriously known to be true, and in print, published to
the world by a reverend and learned person3, who, if any shall
call him to an account for it, is so convinced of the truth of
what he wrote, that he, in scriptis, publicly offers and pro
mises to make it good. I do not hear that he has, as yet,
been called to any account, to prove what he publicly, and in
print, has professed and promised to do. Nor do I think
he will be called to any such account, because I have reason
to believe that he can, and will produce such proofs as will
evidently demonstrate, both their bloody conspiracies and the
undeniable truth of what he affirmed.
6. By the premises it may sufficiently appear, that the
rebellious Popish principles and practices have been very
dangerous to all our Protestant Princes and their loyal
subjects ever since the Reformation, and had they taken that
effect which they designed, and with unwearied wickedness
industriously endeavoured, they would have proved destruc
tive, and, both to Prince and people, pernicious. Nay
(which I have omitted, while this whole nation continued
actually in the communion of the Church of Rome), when
Henry VIII., his Parliament, and convocation, all Roman
Catholics, and far from being Protestants, had denied, and
lege lata b taken away the Pope's usurped supremacy, that we
may be sure the Pope's practices are suitable to his pernicious
principles, Pope Paul III. excommunicates, curses, and
damns the King and all his good subjects °, commands him
to abrogate and annull the laws made against his supremacy4,

ing

away the King, whom there was no have here, aud so cannot cite (as in books
hope to turn from his heresy ? The about me I do) the particular pages.
answer of the Sorbonne was affirmative ; ° Stat. 24 Hen. 8. cap. 12, and 25
and at Rome it was resolved by the Pope Hen. 8. cap. 19, 20, 21.
and his Council, that it was both lawful c Damnatio et excommunicato Hen.
and expedient for the Catholics to pro- VIII. ejusque fautorum et complicum,
cure that alteration of state, &c. — Dr. &c. That is the title prefixed to the Bull
Du Moulin, in his book next cited. of his excommunication, in Bullario
a By Dr. Du Moulin, in his Answer Romano, Lugd. 1655, torn. i. p. 704.
to Philanax Anglicus (a Popish scan- d Requirimus quatenus Hen. Rex le-
dalous and lying pamphlet), and in ges pradictas revocet, casset, annullet.—
another tract since, neither of which I Diet. Bullm, sect. 4.

BP. BARLOW.] PROTESTANT PRINCES. 263
and to appear before him at Rome within ninety days, and
his adherents and favourers, which were all his loyal subjects,
especially his Parliament and Convocation, within sixty days."
They not appearing, he ratifies the excommunication13, de
prives him of his kingdom and dominions, prohibits peremp
torily the King or his adherents (if they die, as they did
before he absolved them) to have any Christian burial, and
declares them eternally damned.0 Then he lays that most
impious interdict upon the whole nation d, forbids all public
prayers6, masses, and divine offices. Nor this only ; but he
" deprives the children of Henry VIII., born or to be born
of Queen Anna, and all the children of his adherents, and
thetr descendants (none excepted), of all their rights, privi
leges, and goods, moveable and immoveable, and makes them
for the future incapable, and deprived of all dignities,
honours, offices, rights, fees," &c.f, which otherwise they
might have obtained, and this he does knowingly and by the
plenitude of his power. Then he goes on, and declares the
King, and his adherents and descendants, to be " infamous
persons, disabled to be witness, to make any will or testa
ment, or to receive any legacy or benefit by the testament of
any other ; forbids all men to have any conversation, com
merce, or trade with them, on pain of excommunication and
loss of all their goods," &c.g And, further, " commands all
Christian Princes (quacunque dignitate Imperiali aut
Regali fulgeant*), Kings and Emperors, no way to favour
a Stricte pracipiendo mandamus, qua- f Omnes Hen. Regis ex Anna, ac
tenus Hen. Rex per se, vel procuratorem singulorum ejus adhaerentium filios, na-
infra 90 dies, fautores vero, et ei adhse- tos et nascituros, aliosque descendentes
rentes infra 60 dies compareant coram (nemine excepto)honoribus, dignitatihus,
nobis. — Dicta Bulla, sect. 7. bonis mobilibus et immobilibus, &c. ,
b Hen. Regem, privationis regni et privatos, et ad ilia aut alia obtinenda
dominiorum pcenas incurrisse declara- inhabiles esse, declaramus,ac authoritate,
mus. — Ibid. scientia ac plenitudine similibus inhabili-
c Si interim ab humanis decedant, tamus — -Ibid. sect. 9.
Ecclesiastical debere carere sepultura, e Omnes sub excommunicationibus ac
authoritate et potestatis plenitudine de- aliis pcenis monemus, ut pra;fatos male-
cernimus, eosque anathematis, maledic- dictos ac privatos evitent, et quantum in
tionis et damnationis aeterna; mucrone eis est, ab aliis evitari faciant : nee cum
percutimus. — Ibid. praefati Regis dominiorum, civitatum,
a Henrici dominia, civitates, &c, in- &c, subditis aut incolis, emendo, ven-
terdicto supponimus. — Ibid. sect. 8. dendo, &c, quamcunque mercaturam,
8 Nequeant missae, aut alia Divina commercium, aut communionem habcant.
oflicia celebrari. — Ibid. — Ibid. sect. 12.
s 4

264 POPERY DANGEROUS TO [BP. BARLOW.
the King and his adherents3 ; and annulls all oaths, compacts,
treaties, &c. made or to be made to or with the King, or in
favour of him or his adherents b; and gives authority and
express command to all Christian Princes, and their armies,
by sea or land, to turn their arms against the King and his
adherents, and compel them to return to the unity of the
Church and obedience to the Pope. And whoever acknow
ledges Henry VIII. to be King, or any way obeys him, and
will not, in obedience to the Pope's command, expel him and
them out of the kingdom and their dominions, all their goods,
moveable and immoveable, moneys, merchandizes, whether
within or without England, are to be seized on, and by the
Pope's authority possessed and kept by any who can catch
them. And he there gives them (such thieves and robbers)
full power to enjoy and possess such plundered goods of the
King's or his loyal subjects as in their own right and pro
priety. And if they take any inhabitants in England, native
or alien, who obey the King and disobey the Pope, then all
so taken are to be slaves to those who take them.0 So that
impious Bull, in contradiction to the laws of nature and
Scripture, reason and Christian Religion. Our blessed
Saviour, the Prince of Peace, came not to destroy, but to
save ; not to depose Kings and Emperors, absolve their
subjects from the obligations of their natural or sworn alle
giance, or to arm them against governors, and, as his
pretended Vicar does, promise them a reward (remission of
sins here, and a higher place in Heaven hereafter) for
rebellion and murdering their brethren, fellow-subjects, and
Christians, for believing and maintaining that truth which
by the Pope and his party should be miscalled heresy. No ;
a Omnes Christianos Principes (etiam dicta; sedis redire cogant, eorumque bona,
Imperiali aut Regali dignitate fulgentes) navigia, animalia, &c, ubilibet (etiam
requirimus. — Dicta Bulla, sect. 15. extra territorium Henrici Regis) con-
b Juramenta, confederationes, obliga- sistentia, capianU et sic capta in proprios
tiones, quae Henricum juvare possunt, usus convertendi, authoritatem concedi-
irritas, cassas, et inanes decernimus. — mus, illaque omnia ad capientes prenarie
Ibid. pertinere, et personas, vel ex regno dicto
c Principes et quoscunque alios mili- originem trahentes, vel in eo habitantes,
tantes, per mare vel terras, requirimus mandatis nostris non obtemperantes, ubi-
mandantes, quatenus Hen. Regem et ei cunque eos capi contigerit, capientium
adha;rentes (dnm contra sanctam sedem servos fieri decernentes. — Hid. sect.
rebellione permanserint) ai-mis insurgant, 16, 17.
eosque persequantur, et ad obediential!!

BP. BARLOW.] PROTESTANT PRINCES. 265
he was the good Shepherd who laid down his own life for
his sheep ; and when they strayed and erred from his fold,
he did not hire and send dogs or wolves to worry them,
but with infinite patience and mercy went himself to seek
them ; and being found, though erring and out of his fold,
laid them on his own shoulders, and with great love and
labour brought them home to his fold, from which (as his
sheep may, and yet not cease to be his sheep) they had erred.
We read, indeed, that our blessed Saviour gives Peter com
mission to " feed his sheep and his lambs."" But we never
read that He, whose Kingdom was not of this world, gave
any commission to Peter, or his pretended Vicar, to raise
armies to kill and indictd causa to murder them. Though
I know there are some, who from pasce oves, with bad logic
and worse divinity, conclude that the Pope has power to
kill heretics. Like that Monk Erasmus mentions, who with
great zeal for the Catholic cause, and greater ignorance,
endeavoured to prove that the Church might kill heretics
from that passage in the Apostle6, hcereticum devita, that
is (says the Monk, who had no Greek, and little Latin), de
vita tolle, take him out of his life, that is, kill him. Sed eK
diverticula in viam.
7- From the aforesaid reasons, I think we may, with
good consequence, conclude, that the Pope and his party,
ever since Henry VIII. de facto assumed the supremacy
which dejure was his before, have been in a perpetual con
spiracy against the lives and religion of our Protestant
Princes ; at least till the happy return of our gracious
Sovereign, whom God preserve, who being by the good and
miraculous providence of Heaven restored to his father's
throne (his own right and inheritance), a blessed peace, and
all the happy effects of it, did immediately follow, to the
great comfort and benefit of the whole nation ; the govern
ment of Church and State, before shattered and ruined by a
horrid rebellion (begun, encouraged, and promoted by the Pope
and his Jesuitical party), was happily restored, and by law
established ; the just rights and liberties of the subjects
assured to them and confirmed ; a gracious Act of oblivion,
a John, xxi. 15, 16. b Titus, iii. 10.

266 POPERY DANGEROUS TO [BP. BARLOW.
and pardon of illegal, seditious, and rebellious actions against
the King and his laws granted ; and the blessing and benefit
of all these extended to Papists as well as others. So that,
besides their obligation to obedience and loyalty by their
natural or sworn allegiance, there lay upon them an obliga
tion to gratitude for those signal favours they received from
the goodness of a gracious Prince. So that it was the
belief and hope of some, that the forementioned Popish
principles and practices had been forgot or laid aside, and
that the Roman Catholics, as both in words and writings they
publicly pretended, would be very loyal subjects. But these
were vain hopes ; for, notwithstanding all obligations to obe
dience and gratitude, even since his Majesty's happy return,
the Popish party have carried on their plots and conspiracies
against their gracious Prince, the established religion, and
the peace of our Church and State, with as much industry
and impiety as formerly. Which now evidently appears by
their impious conspiracy, by the blessing of God very hap
pily, though lately discovered. That you may, in the
general, know what this plot is, and that I do not miscall it
when I say it is an impious conspiracy, I shall give you two
authentic testimonies.
( 1 .) Our gracious King calls it a bloody, traitorous design
of Popish recusants against his Majesty's sacred person, the
Government, and the Protestant religion.3
(2.) The House of Commons, in a vote of that House,
approved by the Lords b, say thus : — " Resolved, Sec. that
this House is of opinion that there hath been, and still is, a
damnable and hellish plot, contrived and carried on by
Popish recusants, for (horresco referens) assassinating and
murdering the King, and for subverting the Government
and rooting out and destroying the Protestant religion."
By what is already said, I suppose you may see what the
Roman Catholic or Popish principles and practices have
been, are, and, while there is a Pope and a party to believe
and encourage such practices, ever will be ; and how dan
gerous such principles are ; and, when put in execution,
"In his Majesty's proclamation, for b The votes of the Commons were
banishing all Papists ten miles from read to the Lords, and by them approved
London, dated October 30. 1678. at a Conference, Nov. 1. 1673.

BP. BARLOW.] PROTESTANT PRINCES. 267
how pernicious they are and ever will be to all Princes,
especially Protestants, and all those they are pleased to call
or miscall heretics. Their received principles I have hitherto
mentioned are these : —
1. The Pope with them is supreme monarch of all the
world, even in temporals ; at least indirecte (as the most
moderate amongst them sometimes say), and in ordine ad
spiritualia ; which distinction can afford no comfort or
security to Temporal Princes. For if the Pope have such
vast power, directe or indirecte, it is all one, he has it ;
and if a Prince be deposed or murdered by either end of
the distinction, he is equally and as surely murdered, as he
who is killed by the edge or back of the sword is as certainly
killed. 2. They say the Pope has power to excommunicate,
curse, and damn Kings.1
3. To depose and deprive them of all their royal power
and jurisdiction.
4. To absolve their subjects from all obligations (whether
natural or afterwards arising from oaths) to fidelity and
obedience. 5. To arm their subjects against their Sovereigns so
deposed by the Pope, their supreme judge, and, according to
the professed doctrine of the Jesuits, Canonists, Sec, in
fallible too in rebus facti et fidei.
6. That this taking of arms against their King, when
deposed by the Pope, is no rebellion against their King ;
seeing, by their traitorous principles, as soon as deposed,
he ceases to be their Sovereign.
a And this vast power the Pope chal- tate hujus decreti, et ipso facto privati,
lenges over all Kings and Emperors, to &c." — Concil. Constantiense, sess. 38., in
excommunicate and depose them, is such, Senten. contra Benedictum, 13. Nay,
that if any King or Emperor obey not if they be but negligent in executing
the decree of the Pope and his Councils, the decrees of the Pope and his Council^
he is, ipso facto, deprived of all his dig- they incur all those punishments : Si
nity and goods, &c. It is not any pri- negligens extiterit, cujuscunque digni-
vate person, but a General Council of tatis fuerit ; etiamsi Imperialis, &c, illas
their own, which tell us so : " Omnibus pcenas ipso facto incurrat, qua; in Con-
Christi fidelibus inhibet, sub poena priva- stitut. Bonifacii Papa; VIII. continentur,
tionis omnium dignitatum et bonorum cap. Felicis 5. Extra. De Pcenis, in 6.
Ecclesiasticorum et mundanorum, et They are the words of the same Council
aliis pcenis juris : etiamsi Regalis sit dig- of Constance, sess. 39. In provisione ad-
nitatis aut Imperialis ; quibus si contra versus schisma futurum.
banc inhibitionem fecerint, sint authori-

268 POPERY DANGEROUS TO [BP. BARLOW.
7« That if in such a war they kill their King (especially
if he be a heretic) it is no crime, no homicide or murder,
but a meritorious work, to which the Pope has promised
plenary indulgence and pardon of all their sins, and a higher
place in Heaven.
8. Nay, to give them the highest encouragements to
commit all those villanies Christians are capable of, they
shall be reputed martyrs, referred into their calendars in
red letters, and, in their opinion, be esteemed great, saints in
Heaven, who, in earth, were known to be rebels to their
Prince, and justly executed for high treason. For so (as is
before said and proved) those who by the hand of justice
perished for their prodigious villany in the Gunpowder
Conspiracy are reckoned for martyrs in the Jesuits' Mar-
tyrology. Now how dangerous such principles (having
such encouragements3) may prove to all, especially Pro
testant Princes, do you and all the world judge.
But as to the danger of such doctrines this is not all,
though too much ; for it is not only a received doctrine in
the Roman Church that the Pope may depose Kings and
Emperors if they be heretics (as with them we are sure all
Protestants are), but further, —
(1.) That subjects also, as well as the Pope, may law
fully depose their Sovereigns if they be heretics.
(2.) Nay, that they ought, and both in law and con
science are strictly bound, to depose their Princes if they be
heretics. (3.) And their approved and great writers publicly con
fess, in their books printed and licensed by the authority of
their Church, that both the former propositions are approved
by all Catholics. Sure I am they have not publicly been
condemned by any act, decree, or sentence of their Church :
and, therefore, we have reason to believe that they approve
them. For qui non prohibet peccare cum possit jubet.
II. For the proof of all this I shall only give you two or
three testimonies of their own (by public authority) ap-
" No less than fifteen thousand guineas Godfrey, as appears by the papers of the
promised by the Jesuits to one who discovery of the late horrid Conspiracy,
should assassinate our gracious King, and Mr. Bedlcv's confession.
and four thousand to murder Justice

BP. BARLOW.] PROTESTANT PRINCES. 269
proved and licensed authors, who expressly say and en
deavour to prove what here I have affirmed. 1. One of
them says, " That it is the opinion of all Catholics that
subjects are bound to depose an heretical King."3 And he
adds there, " That they are bound by the law of God, by
the most strict bond of conscience, and utmost peril of
their souls, to depose heretical Princes." b And their great
controvertist and Cardinal, Bellarmine, says as much, and
with more authority, speaking"of heretical Princes : Omnium
consensu (all Roman Catholics he means) possunt ac debent
privari suo dominio? It is the " consent," says the Car
dinal, " of all, that heretical Princes may and ought to be
deprived of their dominions." And in a book approved by
the Jesuits'1, and highly commended by the Licenser6, we
are told " that the power and authority of the people is
greater than that of their Prince." f 2. "That the people,
as well as the Pope, may declare a King to be a tyrant : " s
and when the " Pope or people have so declared him to be
such, any private man may murder him."h 3. And he
there tells us " that he is a tyrant, who endeavours to ruin
the religion of his country;"1 the Roman Catholic religion
you may be sure he means ; and then by these Jesuitical
and Popish principles all Protestant Princes are tyrants, and
may lawfully be killed by any private person. So that it is
evident that these Popish principles are not only dangerous,
but pernicious to all Protestant Princes ; who, in their ac
count, being heretics, are consequently tyrants, and may be
declared such by the people, and murdered by any private
man. I know that some Roman Catholics deny this doctrine to
be approved by the Church of Rome, and tell us that the
Church has expressly condemned it as scandalous, and both
a Omnium Catholicorum sententia, e Vid. Censuram authoritate Regia
&c. — Jos. Cbeswel, in his Philopater, factam, Mariana; libro praefixam.
sect. 2. num. 160. f Cap. 6. p. 68.
b Praecepto Divino et arctissimo con- s Ibid. p. 59, 60.
sciential vinculo, ac extremo animarum h Regem (si Tyrannus declaretur a
suarum periculo, haereticos Principes de- Papa vel populo) quilibet etiam privatus
turbare. — Ibid. num. 162. potest juste perimere. — Ibid.
" Bellarmin. de Roman. Pontif. lib. v. ' Tyrannus est qui sacra patria pes-
cap. 7. sect. Prohatur. sundat. — Ibid. p. 60.
d Mariana de Rege et Regis Institu
tione. Mogunt. 1605.

270 POPERY DANGEROUS TO [BP. BARLOW.
in faith and manners erroneous : and for this they quote the
Council of Constance.3 In answer to this I shall,
First. Set down the words of the Council.
Secondly. The answer to them.
1 . The words of the Council are these ; and the propo
sition they condemn this, — Quilibet tyrannus potest ac
debet licite ac meritorie occidi, per quemlibet vassallum et
subditum, etiam per insidias, vel blanditias, vel adulationes,
non obstante quocunque juramento seu confederatione factis
cum eo, non expectatd sententid vel mandato Judicis cujus-
cunque. That is, " any tyrant may, and ought to be law
fully and meritoriously killed, by any vassal or subject of
his, even by treachery or flattery ; notwithstanding any oath,
or confederation made to, or with him ; and not having the
preceding sentence or command of any judge whomsoever."
2. This is the proposition, which the Fathers at the
General Council at Constance condemned, for a general
approved Council, and confirmed by a true Pope, they ac
knowledge it b ; though they have little reason for it, as may
appear by what Gesner ° has said ; and Longus a Coriolano'1
has not, though he endeavour it, answered. But it is
penned with that art and Roman Catholic cunning, that
though it seem to say something for the security of Kings
and Princes, yet indeed it is, as to that purpose, altogether
insignificant. For,
(1.) Here is nothing in this proposition, or the con
demnation of it, by the Council, which condemns, or any
way disapproves the Pope's excommunications or depositions
of Kings, their absolutions of their subjects from their oaths
of allegiance, or giving away their dominions. It is only
the assassinations and murdering of tyrants which are spoken
of, not any excommunications, depositions, &c, of Kings.
(2.) Nor does the Council deny, but that every tyrant
may be killed ; but that which they condemn as erroneous,
a Concil. Constansiense, sess. 15. In p. 858. Yet they reject what displeaseth
condemnatione illius propositionis, Qui- the Pope in it.  Idem, ibid.
libet Tyrannus, &c. c Gesnar. in Prafat. ad Epitomen
b They confess it to be " Con«ilium Concil. ex additis ad Chroiiicon Ur-
Generale approbatum, et a Gregorio spergens.
Duodecimo vero Pontifice, confirmatum. d Longus a Coriolano, p. 866.
— I.ongus d Coriolano, in summa Concil.

BP. BARLOW.] PROTESTANT PRINCES. 271
is, that " every tyrant may, and also ought to be killed."
Now this is a conjunctive and copulative proposition ; and
such propositions are, in logic, false when either part is
false, though both be not. So this proposition, " every
man is rational and learned," is erroneous, because one
part is so ; for though every man be rational, yet every
man is not learned. In like manner, although it will be
granted at Rome, that " every tyrant may be killed," yet,
that " every tyrant ought to he killed," will not be so
easily granted. For let him be a tyrant in respect of title,
one who is an usurper, and has no right to the crown ;
yet, let him be a Roman Catholic, a zealous maintainer and
promoter of the Papal religion and interest, or one under
whom they find more favour than they did expect from the
true King, they will not say that " he ought to be killed."
And on this account it was, I believe, that the Pope and his
party did not think that Cromwell, though a tyrant, ought
to be killed ; or, for aught I know, ever went about it,
though they desired and endeavoured to take away the life
of Charles the Martyr, who had a most just title to the
crown, because they found more favour under him, and more
freedom from the punishment of penal laws, than they ever
had before, or could expect, if the true owner of it possessed
the crown. In Cromwell's time, no oaths of allegiance or
supremacy were pressed upon them, our Liturgy aud Com
mon Prayers were taken away, and an ordinance passed,
" that no man should be censured for not coming to Church ; "
so that there was no way then to discover, or legally convict
a Popish recusant. On which ground, the Fathers at Con
stance might condemn this proposition as erroneous, qui-
libet tyrannus, Sec, " every tyrant may, and ought to be
killed ; " and not deny that " every tyrant might be killed."
(3.) When they condemn this proposition as erroneous,
— " every tyrant may lawfully and meritoriously be killed ; "
on the same account the proposition is erroneous, and, as
such, might be condemned by them ; and yet they might
believe it lawful to kill any tyrant, though not meritorious.
(4.) When they say a tyrant cannot lawfully be killed,
per quemcunque vassallum et subditum, by any of his sub
jects,, this is but poor comfort for Kings or Princes, and

272 POPERY DANGEROUS TO [BP. BARLOW.
affords them no certain security. For if a King be killed,
it is not much material, whether a native or an alien be the
assassin — he is killed. So that notwithstanding all the
Council of Constance has said, they may hire an alien to kill
a Protestant Prince, as Lopez was to murder Queen Eliza
beth, and a Spaniard to assassinate Maurice of Nassau ; or,
what was really intended and endeavoured, and probably had
taken effect, had not the good Providence of Heaven miracu
lously hindered it, the Pope may give away our nation, and
send a Spanish armada, as he did in Queen Elizabeth's time,
or a French army, to kill Prince and people and take posses
sion of it. Dirum omen misericors, qui solus potest, aver-
runcet Deus.
(5.) When that Council denies this proposition, and con
demns the affirmative as erroneous, " that a tyrant may be
murdered by any vassal and subject," it is in the singular
number, per vassallum et subditum, and hinders not but that
more, or the major part of the subjects and commonweal may
do it ; for although this doctrine be impious and hereti
cal, yet, at Rome, it is Catholic, or Roman Catholic, and by
many of their eminent writers maintained and justified.
(6.) But lastly, this sentence of their General Council of
Constance is so far from proving that for which it is pro
duced, " that the Church of Rome does not approve the depo
sitions or assassinations of Kings," that it evidently proves
the direct contrary. That this may appear, and without any
going back or trouble to you, I shall put in the margin the
words of the Council of Constance", though you have them
before. Now, in the words cited, it is evident: — 1. That
when they condemn the killing of tyrants, non expectata
sententid aut mandato Judicis, "not expecting the sentence
or command of the Judge," there is some Judge whose
sentence and command should be expected. For it were
ridiculous to talk of expecting the sentence or command of
a Judge, if there were no such Judge whose sentence could
be expected. 2. Now although to us, and in truth, Kings
a CJuilibet tyrannus potest, ac debet federatione factis cum eo. Non expectata
licite ac meritorie occidi, per quern- sententia vel mandato judicis cujus-
cunque vassallum et subditum, etiam per cunque. — Concil. Constant, ubi supra,
"insidias, blanditias, vel adulationes, non sess. 15.
obstante quocunque juramento aut con-

BP. BARLOW.] PROTESTANT PRINCES. 273
and supreme Princes, neither have, nor can have any judge,
it being necessary, that the judge be superior in power and
jurisdiction to the person judged, otherwise he cannot be a
legal and competent judge, and to say, " that Kings and
supreme Princes have any superior on earth, where they are
supreme, is a contradiction." 3. But at Rome, it is other
wise ; the Roman Catholics do constantly affirm, " That both
the Pope and the people are superiors to Kings, and may
pass sentence on them, and declare them tyrants." 4. And,
therefore, if subjects may not kill Kings, who are tyrants,
without such sentence or command, but must expect it,
then if they have expected, and have it, they may kill them
lawfully and meritoriously. For, exceptio firmat regulam
in non exceptis. 5. And it is to be observed, that it is,
sententid vel mandato Judicis, " by the sentence or command
of the Judge." So that if any private person have the com
mand of the Pope or people, who are the Popish judges in
this case3, or the sentence of either of them, declaring any King
to be a tyrant, then this is warrant enough, by their impious
Popish politics, for any private person to kill such a King.
From which Roman Catholic doctrine it evidently follows,
that when in our late Civil Wars and unhappy Rebellion, the
Parliament had declared Charles the Martyr a tyrant, any
particular person, without erecting an High Court of Justice,
as they miscalled it, might lawfully have murdered him.
6. It is to be further observed, that by their Popish prin
ciples, tyranny and heresy in Kings are crimes equally de
serving deposition and death ; and every heretical King is a
tyrant with them.b Whence it follows : — 1. That if the
Pope command any one to kill a Protestant (or, which with
them is all one, an heretical) Prince ; then, according to this
decree and doctrine of the Council of Constance, he may
lawfully do it. 2. Or, if he give no such command, but
pass a definite sentence against any such Prince, and in a
damnatory Bull declare him an excommunicate and deposed
a Regem (si tyrannus declavetur a b Tyrannus est, qui sacra patria pes-
Papa vel populo) quilibet etiam privatus sundat. — Ibid. p. 60. That is, qui sacra
potest jure perimere. — Mariana, de Rege Papistica, et religionem Romano-Catho-
et Regis Institut., Mogunt. 1605, p. 59, licam (quantum in se est) supprimit, et
60. extirpat.
VOL. III. T

274 POPERY DANGEROUS TO [BP. BARLOW.
heretic3, or favourer of them, then any private person has
sufficient warrant and authority to murder him. So that
when Pope Pius V. had excommunicated Queen Elizabeth,
by this their Popish divinity, any one of her subjects might,
without any further authority, or fault, have murdered her.
Now, whether such principles as these be not dangerous, in
consistent with loyalty, and to Protestant Princes pernicious,
let the world judge. Sure I am, our Kings and Parliaments
knowing, by sad experience, the fatal and pernicious con
sequences of such Popish principles, have publicly declared
this their sense and detestation of them. I shall give an
instance or two.
1. Our gracious King, in a proclamation, having spoken
of the intestine divisions amongst us, it follows : — "Which
are chiefly occasioned by the undermining contrivances of
Popish recusants, whose numbers and insolencies are of late
greatly increased, and whose restless practices threaten sub
version to the Church and State."" The restless practices are
the mischievous consequences of their impious principles.
2. A full Parliament, and a Popish one too, takes notice
of, and condemns the Papal usurpations, in taking upon them
to dispose of inheritances and kingdoms, in these words : —
" The Pope, contrary to the inviolable grants of jurisdictions
by God immediately to Emperors and Kings, hath presumed
to invest who should please him, to inherit in other men's
kingdoms and dominions, which we your loyal subjects,
spiritual and temporal, abhor and detest."0 Such were the
Pope's usurpations then ; but, as in Parliament they confess,
abhorred and detested by clergy and laity. But now, as
evidently appears by the lately discovered damnable con
spiracy, the Pope and his party take upon them to murder
our gracious King, whom God preserve, and dispose of his
kingdoms. Which practices, and principles which cause and
encourage them, I do, and justly, may call dangerous, and,
a In all their excommunications of Jan. 16. 1673, and you have it in the
heretics, the style is usually this : — Gazette, num. 853.
Anathematizamusomneshaereticos.eorum c Statut. ann. 25 Hen. 8. cap. 22.,
fautores et generaliter quoslibet illorum which was ann. Christ. 1533, and he was
defensores, &c. — Bulla Cffiiia;, sect. 1., not excommunicated till the year 1538.
ire Bullario Romano, Lugd. 1673, torn. v. — Magnum Bullarium Roman. Lugd.
P- f28- 1655, torn. i. p. 704.
b Proclamation, dated at Whitehall,

BP. BARLOW.] PROTESTANT PRINCES. 275
when they take effect, which I hope they never will, destruc
tive and pernicious.
And here further, because many of our Popish party,
seeing the horridness of this damnable and hellish con
spiracy, and (in reality I hope, or at least) seem to condemn
both it and the authors of it, laying the blame upon the
persons only of some few, and with great confidence, to
give it no worse name, denying the Roman Church to ap
prove, or receive any principles, which can encourage such
conspiracies, or prove pernicious or dangerous to Princes,
their persons, or government : I shall briefly give you an
account of some more of their received doctrines and prin
ciples, besides those already named, which have been, and
while they are believed, ever will be, prejudicial to Princes,
and the peace and quiet of their subjects and dominions.
For instance, —
1. The Church of Rome expressly declares it unlawful
for secular Princes to require any oath of fidelity or alle
giance of their clergy ; and as expressly forbids all their
clergy to take any such oath, if it be required. Nimis de
jure divino quidam laid usurpare conantur, cum viros ec-
clesiaticos nihil temporale continentes, ad prcestandum sibi
fidelitatis juramentum compellunt. Sacri authoritate Con-
cilii prohibemus,ne tales clerici personis secularibus prcestare
cogantur hujusmodi juramentum, Sfc." This is the constitu
tion of their great and CEcumenical Council under Innocent
III., and is referred into the body of their Canon Law by
Pope Gregory IX.b, and remains in the best editions of it0, com
mended and confirmed by Pope Gregory XIII.d So that by
the Popish Canons, and their approved and received laws, no
secular Prince may require any oath of allegiance and fidelity
of any of the clergy or ecclesiastics, nor are the clergy to
take any such oaths. And if a clergyman should take any
such oath, it is by their Canon Law, for several reasons, de
clared null and not obligatory. For, 1. They tell us, " that
a Concil. Lateran. Magnum sub In- c Corp. Juris Canon. Paris. 1612 et
nocentio III., can. 43. Vid. Baronium, 1618, et Lugduni, 1661.
Annal. torn, x., ad annum, 858. sect. 49. d In Bulla dat Rom. Jul. 1. 1580,
p. 155. Corpori Juris Canonici prsfixa.
b Cap. Nimis, 30. Extra. De Jureju-
rando.

276 POPERY DANGEROUS TO [BP. BARLOW.
no oath which is against the ecclesiastical utility and benefit
of the Church is valid and binding." 3 Nay, the law itself
there says, " that all such oaths against ecclesiastical utility,
are not oaths properly, but perjuries." b And the case is
put in their law, " of a Prince who fearing some conspiracy
against him, took an oath of some, that they should not, for
the future, be in any conspiracy against him." ' They who
had taken this oath, desired to know how far they were
bound by this oath. And that law, and Innocent III., gives
this answer, " that they were not so bound by that oath,
but that they might stand against the Prince to whom they
had so sworn in the lawful defence of the rights and honours
of the Church and their own."d Now it is certain, that the
Pope with them is the sole supreme judge in all eccle
siastical causes ; and such this is, concerning the rights and
honours of the Church, and therefore if he judge, as we are
sure he will, that our oaths of allegiance and supremacy be
against the rights and honour of that Church of which he
pretends to be the head, neither those nor any such oaths
will be obligatory to any of his party, at least they will think
them not to be so ; and so they will think that, notwith
standing any such oath, they may, for the benefit of the
Church and the Catholic cause, oppose and conspire against
their Prince. 2. It is a rule in their law, and in reason
too, that in all oaths it must be understood that the right
of the superior is excepted and must be preserved.0 So
if a tenant swear fealty to his landlord, how great soever, so
he be a subject, it must be salvo jure dominii principalis ;
the Royal rights of his Prince must not, cannot be prejudiced
by that oath. This is true in thesi. Now we know that
the Pope and his party who acknowledge him, thinks that he
a Juramentum contra utilitatem Ec- d Deelaramus, vos juramento hujus-
clesiasticam pra;stitum non tenet. — modi non teneri, quin pro juribus et
Lemma ad cap. Sicut, 27. Extra. De honoribus Ecclesia;, et vestris legitime
Jurejurando. defendendis, contra ipsum principem
b Non juramenta, sed perjuria potius stare libere valeatis.
dicenda, quae contra utilitatem Eccle- • Dictum juramentum excusare non
siasticam, &c — Dicto cap. Sicut, 27. potest, in quo debet intelligi jus su-
c Princeps timens conspirationes ali- perioris exceptum. — Innocentius III.
quas fieri contra eum, juramentum ex- cap. Venientes, 19. Extra. De jureju-
torsit, quod, de ca;tero contra ipsum non rando.
essent. — Cap. Petitio, 31. Extra. De
Jurejurando.

BP. BARLOW.] PROTESTANT PRINCES. 277
is far superior to all Kings ; and therefore if he think and
declare, as we know he has done, that our oaths of allegiance
and supremacy are prejudicial to his rights, then neither he
nor his party will think them binding. 3. If they were
confessed to be obligatory, yet they of the Popish Church
believe he can dispense with them, and null the obligation.3
This is the constant tenet of the Canonists b, who tell us,
" that the Pope does usually and easily dispense with in
voluntary, but not with voluntary oaths ; yet if he do dis
pense with voluntary oaths, it is valid." ° Nor is it any
wonder if the Pope dispense with oaths, voluntary or in
voluntary, if it be true which John Semeca the glossator
there tells us, " that the Pope can dispense against the law
of nature and against the Apostle ; " d and that we might
take notice of it, those words in the old editions of the
Canon Law e are put in the margin, Papa contra Apostolum
dispensat, " the Pope dispenses against the Apostle." And
in the latter editions of that law f with the gloss, even those
confirmed by Pope Gregory XIII. as most correct and
purged from errors, they are so far from disowning that ir
rational and impious gloss, that in a note there in the margin
they explain and justify it. " It is not absurd," says the
author of that note, " for the Pope to dispense against the
Apostle as to positive law." e So that Papists may take as
many oaths of allegiance and supremacy as their Prince
shall please, yet the Pope when he pleases can dispense with
them, and set them free from all obligation of fidelity. And
hence it evidently follows, that a true Roman Catholic, who
believes this Popish power of dispensing with all oaths, may
take a thousand oaths of allegiance, and yet give no assu
rance of his fidelity to his Prince, seeing the Pope may,
upon their approved principles, when he pleases, set them
a Papa secundum plenitudinem po- d Dico (says the gloss) quod contra
testatis, de jure potest supra jus dispen- jus naturale potest dispensare, et contra
sare  Cap. Proposuit, 4. Extra. De Apostolum. — Gloss, ibid.
Concession. Prabenda;. Vid. Spottis- e Edit. Paris, 1522.
woode's History of Scotland, p. 308. ' Edit. Paris, 1612.
b Vid. Gratian. can. 2, 3, 4, 5. caus. e Non est absurdum Papam dispensare
15. qusest. 6. the gloss and Card. Turre- contra Apostolum, quoad jus positivum.
cremata there. — Nota ad glossam ad dictum can. 2.
c Si tamen absolvat aliquem, tenet ab- verbo Absolvimus.
solutio — Glossa ad dictum can. 2. verbo
Absolvimus. T 3

278 POPERY DANGEROUS TO [BP. BARLOW.
free from all such obligations. 4. But if all these ways of
nulling the obligations of oaths of allegiance fail, yet the
Pope's janizzaries, the Jesuits, have a new way to prevent
all such obligations of oaths, without any dispensations ; and
that is by equivocation, rectifying intentions, and their doc
trine of probabilities ; pernicious errors, destructive of
human society, and so notoriously now known to the world,
that I neither shall, nor need go about to prove them, or
show the pernicious consequences of them. Sure I am,
that by their Popish principles, no Papists in England are
permitted to take the oath of allegiance to their King3 : and
then it is easy to judge what good subjects they are like to
be. For certainly, what I may lawfully do, that on a just
and serious occasion I may swear to do. If it be a duty,
and lawful for me to obey my Prince's commands, and pay
him fidelity, then certainly I may, by oath, bind myself to
the performance of it. So all men, by the law of nature
and moral veracity, are bound to speak truth ; it is both
lawful and a duty : and therefore, when in judicature, I am
called to be a witness, I may, and by the consent of all na
tions, ought to take an oath to bind me, and assure others
that I will speak truth. All men (as I said, and all confess)
are bound by an indispensable law of nature to speak truth
when there is a just occasion for it, and yet, in judicature, his
testimony would not pass for good evidence, who, being re
quired, would not, by oath, confirm the truth of it. And
therefore Princes have just reason to believe, that those who
will not take an oath to be loyal subjects, will never be so
without it ; and indeed, the reason why Princes may justly
suspect the fidelity of their Popish clergy, who refuse the
oath of allegiance, will further appear, if we consider, —
2. That when and where Popery prevails, all their Bishops
swear absolute allegiance and fidelity to the Pope, and therefore
cannot swear it to their Prince too. The oath every Popish
Bishop must take at his consecration is this : — " I, N, from
this time forward, will be faithful and obedient to my lord
n As may (to omit all others) abun- sion of the Answer of Dr. William Barlow ;
dantly appear by Father Parsons's book, and at large lately in Father Caron's
written against the Oath of Allegiance. Remonstrantia Hibernorum, &c
The title of his book is this, A Discus-

BP. BARLOW.] PROTESTANT PRINCES. 279
the Pope, and his successors. . . . The counsels with which
they trust me I will not discover to any man to the hurt of
the Pope or his successors. I will assist them to retain and
defend the Popedom and the Royalties3 of St. Peter against
all men. I will carefully conserve, defend, and promote the
rights, honours, privileges, and authority of the Pope. I
will not be in any counsel, fact, or treaty in which anything
prejudicial to the persons, rights, or power of the Pope is
contrived ; and if I shall know any such things treated of by
any whomsoever, I will, to the utmost of my power, hinder
them, and with all possible speed signify them to the Pope.
I will, to the utmost of my power, observe the Pope's com
mands, and make others observe them. I will impugn and
persecute heretics and rebels to my lord the Pope. I will
come to the Synod when he calls me," &c.b This, and much
more stuff, you have in that oath. Now this is evidently an
oath of allegiance and fidelity to the Pope ; wherein, to omit
other things, they swear, — 1. Never to discover the Pope's
counsels, how treasonable soever, to any man (not the King).
2. To defend the Pope's Royalties against all men (the
King not excepted). 8. And if anything be treated of pre-
judical to the Pope, by any whomsoever, the King not
excepted, they swear, to the utmost of their power, to oppose
and hinder it. Here is, you see, an oath of absolute allegi
ance to the Pope, without any salvo or reserve of their
fidelity to the King, which anciently was in the oath every
Bishop took at his consecration, as a great lawyer tells us.0
a Here it is Regalia Sancti Petri, tur ; et si talia a quibuscunque tractari
But this is an addition to the oath novero, impediam pro posse, et quanto
(which was bad enough before), for an- citiiis potero significabo domino Papa;
ciently it was Regulas Sanctorum Patrum  Mandata Apostolica totis viribus
as their own Canon Law assures us, cap. observabo, et faciam ab aliis observari.
Ego. N. 4. Extra. De Jurejurando. Ha;reticos et rebelles domino Papa; per-
b Ego N. ab hac hora in antea, fidelis sequar et impugnabo. Vocatus ad Sy-
et obediens ero .... Domino N. Papa; et nodura veniam. — Verba sunt dicti Jura-
suis successoribus. Consilium quod mihi menti. Vide Pontificate Romanum, De
credituri sunt, ad eorum damnum nemini Consecratione Electi in Episcopum, p.
pandam. Papatum et Regalia St. Petri 57. Editum Roma;, 1611.
adjutor eis ero ad retinendum et defen- c Vide Hen. Bracton, De Legibus
dendum contra omnem hominem. Jura, Anglias, lib ii. cap. 35. sect. 4., where
honores, privilegia, et authoritatem Papa; he tells us, that in bis time this clause
.... conservare, defendere et promovere was in the Bishop's oath to the Pope :
curabo. Non ero in consilio, facto vel Salva fide Dom. Regi. Bracton flou-
tractatu, in quibus contra Papam .... rished about the thirtieth year of our
aliqua sinistra vel prasjudicialia person- Henry III. ann. 1246.
arum, juris et potestatis ejus machinen- t 4

280 POPERY DANGEROUS TO [BP. BARLOW.
And not long before him, it is certain that Bishops at their
consecration took no oath at all to the Pope, but only pro
mised him canonical obedience. For, in the old Ordo Ro-
manus3, which, as all agree, was written by Arnoldus Con-
stantiensis Presbyterb, about the year 1060, the Metropolitan
who consecrates asks the person to be consecrated thus :
Visne Beato Petro, suceque Ecclesice, ejusque Vicario et
successoribus, fidem et subjectionem per omnia exhibere f
The answer is, Volo. Then follows the promise of fidelity
and subjection to his Metropolitan, but with this difference.
To the Pope he promises fidem et obedientiam per omnia,
as to the prime Patriarch, but to the Metropolitan he only
promises, but swears to neither of {hem, fidem et obedien
tiam exhibere. But to let this pass, it is manifest that when
ever this oath to the Pope began to be exacted of Bishops,
it has been in use ever since the time of Pope Gregory IX.°,
who patched up and published the Decretals d, in which you
have the form of the oath the Bishops then took to the
Pope ; neither so long by far, nor so bad, as of later years
has been required of all bishops, yet bad enough. For when
they swore obedience and fidelity absolutely to the Pope, as
now they do, contra omnes homines*, neither King nor
Emperor excepted. And we are told in some later editions
of their Canon Law, that now not only all Bishops, but who
ever receives any dignity of the Pope, take an oath and
swear allegiance to him f ; and is it possible that these persons,
who do and must swear such absolute obedience and fidelity
to the Pope, can be faithful and loyal subjects to their
Pr nee ? and, indeed, are not such Popish principles both
dangerous, and, especially to Protestant Princes, pernicious
aud inconsistent with the loyalty of subjects or safety of
supreme powers ? Nor is this all ; there is more clanger
" Vid. Ordinem Romanum veterem, d Which was ann. 1230, and refers
apud Georg. Ferrarium, De Catholics; that oath to Gregory VII., who was made
Eccles. Divinis Officiis. Rorau;, 1591, Pope ann. 1073.
p. 70, 71. e Vid. cap. Ego, N. 4. Extra. De jure-
b So Trithemius de Scriptorihus, &c, jurando.
Possevine's Apparat., both of them in f Hodie omnes recipientes dignitatem
Arnoldo Constantiensi, and Fosius de aPapa, sibi jurant. — Ita Lemma ad cap.
Symbolis Ccena; Dom., thesi ii. p. 441. dictum 4. edit. Lugduni, 1661.
<= Sedet Gregorius IX., ann. 1226.
In that year he was made Pope.

BP. BARLOW.] PROTESTANT PRINCES. 281
vet to Kings and Princes from their Popish principles.
For —
3. They exempt all Ecclesiastics from paying any tax or
contribution to secular Princes without the Pope's leave.
This is the constant doctrine of their Casuists a, their Canon
Law b, and Canonists °, who tell us, Quod laid collectas
imponentes Clericis, sunt excommunicati, cum suis fautori-
bus, " All laymen (by their law) are excommunicated if
they lay any tax upon the Clergy." d And again, more fully,
we are told, — 1 . That the Clergy ought not to relieve
the necessities of cities or any other places ; no, not even
then when the laity are in want, unless the Pope be first
consulted. 2. That all decrees and constitutions of laymen
laying such taxes upon the Clergy are null, and never can be
made obligatory. 3. All persons excommunicated for such
grievances laid upon the Clergy and their successors, stand
excommunicated unless they make satisfaction within a
month. 4. And they tell us, that all this is said for a
fuller declaration of the law in this case, that novices may
better understand it.8 This is their own exposition of the
Canon in the most correct body of their Canon Lawf ; and
they there tell us that it is the Canon of a General Council8,
and then, according to their principles, infallibly true, and
obligatory to all the Christian world. So that by this
Popish law, if any laymen (the King and Parliament of
England) lay any tax, or by a statute require any subsidy of
clergymen, though in the necessities of the kingdom, without
the Pope's leave, such statute is declared void and null, and
they and their successors, unless satisfaction be made, ex-
a Vid. Filliucium, Quaest. Moralium, valescunt. 3. Rectores excommunicati
tractat. 16., cap. 11. p. 325. ob gravamina preemissa, remanent ex-
b Vid. cap. Non minus, 4., et cap. communicati, etiam post depositum offi-
Adversus,7. Extra. De Immunitate Ec- cium, et successores ; nisi satisfecerint
clesiarum. intra mensem. Hacc dicit ad majorem
c Panormitan. ad dicta cap. 4. 7. declarationem, et pro novitiis  Lemma
d Lemma ad dictum cap. 4. ad cap. Adversus, 7. Extra. De Immuni-
e Clerici non debent necessitatibus ci- tate Ecclesiarum.
vitatum, aut aliorum locorum, etiam ubi ' Vid. Corpus Juris Canonici, Lug-
laicorum non suppetunt facultates, sub- duni, ann. 1661.
venire (this is highly uncharitable), nisi e Dicto cap. Adversus 7. ill lemmate.
prius Rom. Pontifex consulatur. 2. Idem Innocentius III. in Concil. Gene-
Sententia; et Constitutiones editae a rali ; and the note tells us in Concil.
laicis collectantibus Ecclesiam, sunt Lateran. cap. 46.
ipso jure irritae, nee ullo tempore con-

282 POPERY DANGEROUS TO [BP. BARLOW.
communicated. Nor is it only some inferior magistrates or
officers who are thus excommunicated, but all persons cujus-
cunque conditionis, status aut dignitatis* And that we
may know that such excommunications are not a rash and
inconsiderate act of Urban V. or some angry Pope, they
have been for some ages past, and still are, solemnly pub
lished at Rome every year, in that famous and impious
Bulla Ccenoe Domini, on Maundy Thursday. Even on
that day in which our blessed Saviour instituted that Cwna
Domini as a Sacrament of our union with him by a lively
faith, and of the communion of all Christians amongst them
selves, by an unfeigned love and charity, — I say, on this
day the greatest part of the Christian world are anathema
tized and cursed at Rome by their Popes successively, for no
other reason but because they are for the truth of the Gospel,
and against his, without any reason or sense, usurped great
ness and worldly interest. In that Bull, the anathema or
Papal curse (stilo curice~) is thus : — " We excommunicate
all, of what dignity soever, regal, imperial, ducal, &c, who
impose any tax, toll, or prestation upon any Ecclesiastics, or
receive any taxes so imposed (tho.. 'di the persons on whom
they are imposed would willingly pay them), without the
special and express licence of the Pope." b Now, although
this aforesaid were evidence enough to entitle the Church of
Rome to such desperate doctrine and excommunications,
yet we have further and greater evidence, — I mean their
great L;<teran Council0, consisting of above 1200 Fathers,
such as they were, synodically ratifying the same doctrine d ;
and all this expressly confirmed by the Trent Council0,
a Ita Urbanus Papa V. Constitut. 1. nitate, &c. — They are all excommuni-
Editaann. 1364, in Bullario Rom. torn. i. cated every year in that Bulla Cosna.
p. 282. num. 1, 2 edit. Lugd. 1655. Vid. Bullam Alexandri Papa; VII. seu
b Qui collectas, tallias, prEestantias, Constitut. ejus 16. In Bullario Rom.
et alia onera personis ecclesiasticis, et torn, v. data erat Bulla dicta, idib. April.
eorum, Ecclesiarum, et beneficiorum J 656, et Bullam Clementis Papae X. dat.
Ecclesiasticorum bonis, illorumque red- Rom. 7 Cal. April, ann. 1671. Ejusdem
ditibus — absque Romani Pontificis ex- Bullarii torn. v. Constitut. Clement. X.
pressa licentia imponunt ; aut sic impo- 34., and in both those Bulls, sect. 18.
sita, etiam a sponte dantibus, recipiunt. c Concil. Lateran. sub Innocentio
Necnon qui per se, vel alios directe vel Papa III., ann. 1215, can. 46.
indirecte prsedicta facere, exequi vel pro- d Concil. Lateran. magnum sub Inno-
curare non verentur, cujuscunque sint centio III. ann. 1215, can. 46.
praeminentiae, dignitatis, &c, etiamsi • Sess. 25. cap. 20. De Immunitate
Imperiali, Regali, &c, pra;fulgeant dig- Ecclesiarum.

BP. BARLOW.] PROTESTANT PRINCES. 283
which tells us that this immunity and exemption of the
Clergy is Dei ordinatione et Canonicis sanctionibus consti-
tuta, and therefore decrees and commands that all the Sacred
Canons, all General Councils, and all Papal Constitutions in
favour of ecclesiastical persons and the liberties of the
Church, be and ought to be exactly observed3, and that as the
commandments of Godb, and admonisheth the Emperor,
Kings, and Princes, &c, and obliges them to such observa
tion. Nor is the Trent Council0 content with this, but
requires her ecclesiastics, and many more, of which anon, to
promise, swear, and vow firmly d, and without all doubting, to
believe all the Canons and Councils before mentioned, especi
ally the decrees of the Trent Fathers. By the premises I
think it evident, that by the approved doctrine and prin
ciples of the Roman Church, no Kings, Princes, or Parlia
ments, nor any laymen, how many or great soever, can lay
any tax upon Ecclesiastics (no, not in the greatest necessity
and poverty of the lay subjects, without express leave first
had from the Pope.6 Now, whether this Popish doctrine, if
approved and believed, be not very dangerous and pernicious,
especially to Protestant Princes, do you judge. Nor is this
all ; for —
4. Their approved and received Popish principles do not
only free them from taking oaths of allegiance and supre
macy, and their estates (I speak of their Clergy) from taxes,
unless the Pope consent, but their persons also, be their
crimes never so great, from all punishment by Kings, or any
lay-court, or magistrate, of what state or dignity soever.
This is a manifest and known truth, and needed no proof,
were it not that some, who have an ungrounded courage to
believe such seditious principles, have also, when it makes for
their interest, a confidence to deny them. But seeing some
of the Popish party do deny it, I shall endeavour to bring
a Decernit ac praecipit sacros canones, « How dear this doctrine of the ex-
et Concilia Generalia omnia, et Aposto- emption of Ecclesiastical persons from
licas sanctiones, exacte ab omnibus ob- the power of laymen to tax them, &c, is
servari debere  Concil. Trident, sess. 25. at Rome, appears by the Index Expur-
cap. 20. gatorius of Pope Alexander VII., edit.
b Tanquam Dei prascepta. — Ibid. Roma;, 1667, p. 8., where the command
c Concil. Tridentin. in forma Profes- is, Expurganda; sunt omnes proposi-
sionis Fidei, in calce sess. 25. tiones contra libertatem, immunitatem,
d Premitto, voveo, juro  Ibid. et jurisdictionem Ecclesiasticam.

284 POPERY DANGEROUS TO [BP. BARLOW.
such authentic and evident proofs as will, I hope, satisfy you,
and might convince the gainsayers, if they can and will im
partially judge, of the truth of the aforesaid Popish position.
The proofs I mean shall be drawn from the clear testimonies
of their own eminent and learned writers, their Canon Laws,
approved and received in and by their Church, their Pope's
Decretals, and their own General Councils. And here,
1. An eminent Popish Casuist tells us, " That all Magis
trates, whoever they be, Kings and Princes not excepted,
who interpose in judicature, against ecclesiastical persons, in
any criminal cause, whether it be murder or high treason, are
to be excommunicated." a And this he proves out of their
Canon Lawb, and the constitution of Pope Innocent II., in a
General Council0, owned and approved by them.
2. We have a Canon of a Council at Paris, referred into
the body of their law, published by the authority of Pope
Gregory IX., which determines the case thus : "No secular
Judge may distrain or condemn any Clergyman, wihout the
permission of the Pope, and if he do he is to be excommu
nicate, and to continue so, till he acknowledge and mend
his fault." d You see this seditious Popish doctrine is estab
lished by the Council of Paris, and the General Council in
the Lateran ; and by three Popes, Innocent II., Gregory IX.,
and Gregory XIII.e, and so must be the doctrine of the
Roman Church. For it is law with them, "that no man
must be permitted to retract or question any Papal sentence."1
And their law says further, " that all the Pope's decrees are
irrefragably to be observed, and that so far, and undoubtedly,
as if St. Peter had confirmed them with his own mouth."8
And Gratian cites Pope Agatho for it.
a Excommunicantur quicunque ma- excommunicari debet. — That is the
gistratus, qui contra personas Ecclesias- lemma to the chapter, in which it is
ticas se interponunt, in quacunque causa more fully expressed.
criminali, sive homicidii, sive laesa; ma- • In his Bull approving and condemn-
jestatis. — Filliucius, Moral. Quast. ing the Canon Law, dat. Roma;, 1 Julii,
tractat. 16. cap. 11. sect. 307. 309. 1580.
b Can. Si quis suadente, 22. caus. 17. f Nemini permissum est de eo quod
quaest. 4. Papa statuit judicare, vel sententiam ejus
c Concil. Lateran. 2. sub Innocentio retractare. — So Pope Nicolas tells us
11. can. 15 in Gratian. can. Nemini, 3. caus. 17.
d Cap. Nullus Judicum, 2. Extra. De qua?st. 4.
Foro Competenti: Judex secularis, si s Omnes sanctiones Apostolicae sedis
clericum per se distrinxit, vel condemnat, irrefragabiliter sunt observandae. That

BP. BARLOW.] PROTESTANT PRINCES. 285
3. Nay, further, all secular Magistrates are, at Rome,
" every year solemnly anathematized and cursed, who call any
ecclesiastical persons to their Tribunals, Courts, Chancel
leries, Councils, Parliaments, &c, or any way molest them
directly or indirectly ; " 3 for it is but six or seven years since
Pope Clement X. did solemnly curse all secular Magistrates,
and all Courts, even Parliaments, who should any way trouble
the Clergy, or punish, or take any cognisance of their crimes.
So that by this Popish doctrine our gracious King, his great
Council, the Parliament, and all our Courts in Westminster,
stand now accursed, and, till they become Papists and slaves
to the Pope, which cursed day I hope will never come, that
curse will be continued, and every year solemnly and im
piously renewed ; and I am persuaded that a greater curse
cannot befall this nation, than that which will procure a Pope's
absolution, and free us from his curse.
4. In a word, the Trent Council publicly maintains this
erroneous and impious doctrine, of the exemption of their
Clergy and Ecclesiastics from the jurisdiction of all secular
powers." The greater crimes of the Bishops, say the Trent
Fathers, in the place now cited, can be examined and
punished only by the Pope ; and their lesser crimes only by
the Council of Bishops.0 No lay-judge or judicature, how
great soever, nor Kings nor Parliaments, must meddle with
them ; they may securely sin, and need not fear any punish
ment by any secular power. How dangerous and pernicious
this must needs be to all secular supreme powers, let the
world judge. Certainly, upon these Popish principles, all
is the lemma or title; and the Canon fol- nores, in Concilio tantum provincial*!
lows : Sic omnes Apostolica; sedis sane- cognoscantur et terminentur. ¦ — Concil.
tiones accipiendae sunt, tanquam ipsius Trident, sess. 24. De Reformat, cap. 5.,
Divini Petri voce firmatae. — Can. Sic et sess. 13. De Reformat, cap. 8.
omnes. 2. dist. 19. c And all their Ecclesiastics do pro-
a Qui personas Ecclesiasticas ad suum mise, vow, and also swear that they will
Tribunal,Audientiam,Cancellariam, Par- firmly believe and profess all that the
liamentum, Consilium, &c, trahant, aut Canons and Councils have declared con-
trahi faciant directe vel indirecte carce- cerning these exemptions : Omnia a
rando, vel molestando, &c. — Vide Bullam sacris Canonibus et CEcumenicis Con-
Clementis Papae X. dat. Roma;, 3 April, ciliis, et praecipue a Sancta Synodo Tri.
1671. In Bullario Roman. Lugd. 1673, dentina definita, indubitanter recipere ac
torn. v. p. 530. sect. 14, 15, 16. profiteri spondeo, voveo, juro. — In forma
b Causae criminales graviores contra juramenti professionis fidei, in Bulla Pii
Episcopos, ab ipso tantum Rom. Ponti- Papae IV. in calec sess. 25. Concil. Tri-
fice cognoscantur, ac terminentur, et mi- dentin.

286 POPERY DANGEROUS TO [BP. BARLOW.
the Clergy must, and will much rather fear and obey the Pope
who can, than their Princes, who, by their principles, have
no power to punish them. But this is not all ; for, to omit
all other, there is one pernicious Popish principle more, not
yet mentioned, which absolutely abrogates and deprives
Princes and Kings of all their regal power, as to the Clergy.
For, Lastly, it is a constantly approved and received doctrine at
Rome, though evidently impious and traitorous, that the
Clergy and Ecclesiastics are none of the King's subjects. If
this be not true, as sure enough it is not, then their Popish
Canons are erroneous, as you shall see anon, and their
General Councils and Popes, so far from being infallible,
that they are actually and evidently false. For both their
Canon Law, their Councils, even General ones, and their
Popes in their decretal epistles, as by the following testi
monies will appear, have approved, received, and by their
authority, so far as they are able, established and confirmed
this rebellious and Popish principle. But, on the other side,
if they approve and acknowledge this principle to be true, as
constantly they do, then they approve a doctrine which is not
only dangerous, but pernicious to Princes, which dethrones
and unkings them, as to all their Clergy and Ecclesiastics :
for if they be not subjects to any secular Prince, then it is
evident, that no such Prince can be their King ; it being
impossible that any man should be King of such persons,
who are none of his subjects. And although this Popish
principle be erroneous and traitorous, against the light of
nature and Scripture, reason and revelation, yet it is not all.
For they do not only say, that the Clergy are none of the
King's subjects, but, which is more erroneous and irrational,
they do expressly say, that the Clergy are superior to the
King, and he their subject. That both these Popish posi
tions may appear to be approved by, and generally received
in the Church of Rome, I desire you seriously to consider
these following testimonies.
(1.) In the body of their Canon Law, of their most cor
rect editions 3, and, as such, published by the authority of
¦ Emendatum, coirectum, recognitum, XIII. data Romae, 1580, Juri Canonico
et approbatum. — Ita in Bulla Gregorii praefixa.

BP. BARLOW.] PROTESTANT PRINCES. 287
Gregory XIII., we find these words : " The Empire is not
superior, but subject to the priesthood."3 And it there follows
immediately, " The Bishop ought not to be subject, but superior
to Princes."15 And that all may take notice of this Popish
position, it is there added, " Pope Innocent III. says this, and
it is fit to be alleged much"0 (for the Pope's Supremacy he
means). And indeed, Pope Innocent says that, and much
more, in that Decretal epistle : some of the words are in the
margin.4 And all this, in their approved editions of their
Canon Law old6 and new.f Panormitan, their great
Canonist, is more express and full to our purpose.6 The
sum of what he says, as the author of the Summaries
prefixed to the chapter h tells us, is this : 1 . The Emperor is
subject to, and bound to obey the priest. 2. The Clergy
is no way subject to the laity, not to the King, but only for
some lay-fee, or farm held of him. 3. The Clergy, by the
law of God, are exempt from the jurisdiction of laymen.1
And no wonder, if the Imperial power must be subject to
the Pontifical ; if it be true which their Canon Law, out of
the Decretal of Pope Innocent III.k, the author of the gloss l,
and the additions to it m, say : for the Pope in that law
says, " that the Pope's power is as much greater than the
Emperor's, as the sun is greater than the moon." 2. The
gloss says (for so in his arithmetic the difference is igno-
rantly and wildly computed) that the Pope's power is forty-
seven times greater than the Emperor's ; and the addition
to the gloss, in their best editions of the Canon Law", furr
a Imperium non pra;est Sacerdotio, sed f Paris, 1612 and 1618 ; and at Lyons,
subest. — Lemma ad cap. Solicita;, 6. Ex- 1661.
tra. De Major, et Obedientia. s Panormitan. ad dictum cap. Soli-
b Episcopus non debet subesse Princi- citae, 6. edit. 1509, Lugduni.
pibus, sed pra;esse. — Ibid. " Laur. de Flisco, Episc. Brumat.
c Hoc dicit Innocentius III. et est '1. Imperium subest Sacerdotio, et
multum allegabile. — Ibid. ei obedire tenetur. 2. Clericus nullo
d Pra;cellit Imperator illos duntaxat, modo subest laico, nisi ratione feudi ab
qui ab eo recipiunt temporalia . . . super eo habiti. 3. Clerici sunt exempti a
bonos et malos, gladii accepit potestatem jurisdictione laicorum, jure Divino.
Imperator; sed in eos solummodo, qui l Cap. Solicita;, 6. Extrav. De Majo-
utentes gladio, sunt ejus jurisdictioni ritat. et Obedientia.
commissi . . . de sacerdotali prosapia die- ' Bernard, de Botano, Canonicus Bo-
tum est, non de Regia stirpe, constitui noniens. in glos. ad verbum Inter Solem.
te super gentes, et regna, ut evellas, — Ibid.
dissipes, &c. — Dicto cap. Solicitae, 6. m Laurentius, in his addition to the
Extra. De Majorit. et Obedientia.

e Corpus Juris Canon. Paris, 1528. " Vide Corpus Juris Canonici, cum
Antverp. ann. 1570. glossis. Paris, 1612.

288 POPERY DANGEROUS TO [BP. BARLOW.
ther tells us, out of Ptolemy, that the sun is greater than the
moon 7744 times ; and so, by this their account, the Pon
tifical power is no less than 7744 times greater than the Im
perial ; and then there is no doubt, but in their opinion who
believe all this, the Emperor and all Kings must be the
Pope's subjects, and they no way superior to him.
(2.) Pope Martin V. cites the Decretal of Pope Innocent
ITL, and more fully explains the meaning of it, approves, and
confirms it 3 ; and both their Decretals are now referred into
the body of their law, where Pope Martin's Decretal was not
before ; the lemma, or title to the chapter before-cited, is
this : " Laymen have no power over clergymen," &c.b And
the Decretal itself says, that laymen have no authority over
the Clergy, ecclesiastical persons, or their goods.0 Pope Ur
ban VI. has the very same words d, approves, and by his
Papal authority confirms them ; and declares all laymen, of
what eminence soever e, who exercise any jurisdiction over
Ecclesiastics, sacrilegious, and excommunicates them, and all
whoever assist, abet, or defend them.f
(3.) Cardinal Cajetan, who, his great learning and emi
nent place in government of that Church considered, could
not be ignorant what positions were approved at Rome,
tells us, that the person of every Clergyman was sacred
thus far, that he could not be subject to any secular power.8
(4.) Nay, a whole learned College assures us of the truth
of the three propositions : 1 . Kings have no co-active
power over Ecclesiastics. 2. Ecclesiastics cannot be sued
or called to an account before any save only their Eccle
siastical superior. 3. The exemption of the Clergy is, in
the judgment of all (all Papists they mean), of Divine right;
a Cap. Ad reprimendas, 3. De Foro f Principes, Marchiones, Duces, &c,
Competenti, in 7 Edit. Juris Canonici. non possunt sine culpa sacrilegii, Clericos
Lugd, 1661. bannire, aut relegare. — Ibid.
b Laicis in Clericos nulla potestas, &c. e Persona cujuslibet Clerici est sancta
— Lemma ad dictum caput. quoad hoc, quod non potest subjici po-
c Non attendentes, quod laicis in Cle- testati seculari ; et is qui contrarium fa-
ricos, Ecclesiasticas personas, aut eorum ciat, sacrilegus est. — Cajetan. in Aquin.
bona, nulla sit attributa potestas. — Ibid. 2. 2. quaest. 99. art. 3. sect, ad 5. dubium.
Capite dicto. And much more to the same purpose we
d Cap. Quia, 2. De Foro Competenti, have in those two titles: 1 . De Foro Coin-
in 7. petenti ; and 2. De Invasoiibus Bonorinn
¦ Cujuseunque prominentia;, digni- Ecclesiae in 7.. Decretalium.
tatis, status, aut conditionis existant. —
Ibid.

BP. BARLOW.] PROTESTANT PRINCES. 289
so that they cannot be judged or punished by any secular,
no not supreme powers.3 And here I desire you to con
sider what the College of Bononia here affirms, that the
Ecclesiastics, secular and regular, are, in the opinion of all
Roman Catholics, by the law of God so exempted from the
jurisdiction of all secular (even supreme) Powers, that they
can neither judge nor punish them.b Whence it evidently
follows, — 1. That the Popish Clergy, wherever they are,
especially in England and Protestant kingdoms, are no sub
jects of that King in whose dominions they live, because
they are by the law of God exempt from all secular juris
diction : it being a contradiction to say that any man is a
King in respect of those over whom he has no jurisdiction.
And, 2., it follows that this impious and traitorous doctrine
and position is not the opinion of some one or a few private
persons, but of all Roman Catholics ; and so of their Popish
Church ; and then their Church, by their own confession,
is guilty of maintaining and approving such dangerous, and
to all (especially Protestant) Kings, pernicious principles.
Q.E.D. (5.) But we have greater authority than that of the College
of Bononia to manifest the truth of what we say, when we
accuse the Popish Church for approving and maintaining
this impious and pernicious doctrine, — that their Eccle
siastics are not the King's subjects. I mean the Inquisitors
of Spain0 and Portugal4, &c, who, finding in the Index of
a 1. Reges non habent potestatem co- astica, non est attributa potestas. 2. And
activam in Ecclesiasticos. 2. Ecclesi- then it follows: Reges, Duces, Mar-
astici non possunt conveniri, nisi coram chiones, &c, in virtute sancta; obedientia;
superiori suo Ecclesiastico. 3. Exemp- mandantes, ut ipsi constitutiones prae-
tio Clericorum est, ex omnium sententia, dictas observent. ... Si Dei offensam, et
de jure Divino, ita ut a potestatibus se- sedis Apostolica; vitare voluerint ul-
cularibus etiam supremis, judicari aut tionem. Kings cannot meddle with any
condemnari nequeant. — Vid. Collegii Ecclesiastical persons ; if they do, they
Bononiensis Responsum pro Libertate offend God, and shall be punished by the
Eccles. Bonon. 1607. sect. 21. 46. &c. Pope: that is, excommunicated. So says
b Vid. cap. Et quia, 4. Extra. DeForo the Pope and his Lateran Council, cap.
Competenti, in 7., where the title or 2. De Invasor. et Occup. Bon. Ecclesia;,
lemma is this : Constitutiones edita; in 7. Decretalium.
contra principes seculares, jurisdictionis c Index Expurgatorius Hispanicus,
Ecclesiastica; libertatem impedientes, in- Madriti, ann. 1667. in Johan. Chrysost.
novantur ; and in the chapter it is de- p. 703.
clared, 1. Quod laicis in clericos, et d Index Expurgat. Lusitan. Olysip.
personas Ecclesiasticas, et bona Ecclesi- 1624. p. 753.
VOL. III. U

290 POPERY DANGEROUS TO [BP. BARLOW.
Chrysostome3 words expressing this proposition, " Priests,
by the law of God, are subject to Princes," b they, knowing
that position to be inconsistent with the exemptions of their
Popish Clergy, damn that proposition, and command it to
be blotted out: Deleantur Ma verba, say they; though
Chrysostome say the very same thing in the place to which
the Index refers. Now it is evident that they who damn
this proposition as erroneous, — "Priests, by the law of God,
are subject to Princes," — must, of necessity, approve and
affirm the contradictory, — " that Priests, by the law of God,
are not subject to Princes :" which is that rebellious position
with which the Church of Rome is justly charged.
(6.) Lastly, the principal authorities I have brought to
prove this, or any of the former rebellious doctrines charged
on the Church of Rome, have been, — 1 . Their approved,
and (by public authority of their Church) received and
established laws. 2. Their Pope's Bulls, Decretals, and
Constitutions, 3. Or the Canons of their Provincial, Na
tional, or General Councils : all which are approved, inno
vated, and confirmed expressly in their Trent Council0, as
was before mentioned ; and all their secular Clergy d, all
who have any cure of souls, the chief of their Regulars e,
all Graduates, Professors, and Readers in their Universi
ties*, all Physicians, &c. are solemnly sworn to approve,
receive, and (without all doubting) to profess those Ca
nons and Papal Constitutions 8 ; and to anathematise, reject,-
and curse all contrary opinions ; and to endeavour, as much
8 Edit. Basil, 1558. gistris et Doctoribus, cap. In sacro sancta.
b Sacerdotes etiam principibus jure 2. In sept.
Divino subditi. f Vid. Bullam Pii Papae V. Extra.
c Concil. Trident, sess. 25. De Re- De Medicis, cap. supra gregem, 1. De-
format, cap. 20. Pra;cipit sancta Sy- cret. 7.
nodus, sacros Canones, et Consilia Gene- £ Vide dictam Pii IV. Bullam super
ralia omnia, necnon alias Apostolicas forma juramenti profes. fidei, et Concil.
sanctiones in favorem Ecclesiasticarum Trident, sess. 25. et 24. De Reformat.
personarum, et lihertatis Ecclesiastics; ; cap. 12. Item omnia A sacris Canonibus,
et contra ejus violatores editos, quae et CEcumenicis Conciliis, ac praecipue a
omnia prassenti decreto innovat, exacts sacrosancta Synodo Trident, definita*
ab omnibus observari debere. indubitanter recipio ac profiteor, ac con*
A Vid. Bullam Pii IV. super forma traria omnia rejicio ac anathematizo, ac a
juramenti professionis fidei, in calce sess. meis subditis, vel illis quorum cura ad
25. Concil. Trident, dat. Rom. idib. me spectat, teneri, doceri, et prsedicari
Novem. 1564. (quantum in me est) curabo. — Verba
" Vid. Bullam Pii IV. Extra. De Ma- sunt dictae Bulla; Pii Papa; IV. -

BP. BARLOW.] PROTESTANT PRINCES. 291
as in them lies, that all committed to their care shall con
stantly hold and teach the same.
The premises impartially considered, I think two things
may and will evidently follow :
1. That the principles and positions before mentioned are
not only dangerous, but pernicious to all supreme powers,
especially to Protestant Kings and Princes, and that in one
thing omitted before ; that is, that faith is not to be kept with
heretics, but that any competent Ecclesiastical judge may
condemn and execute heretics, or those who are reputed
such, notwithstanding any safe conduct given them by the
Emperor, Kings, or secular Princes, though confirmed by
oath ; and this impious and (to supreme powers) pernicious
doctrine, approved and publicly declared and professed, not
only by particular and private persons, but by their own
General Council of Constance a : which condemned and ex
ecuted Jerome of Prague and John Huss, notwithstanding
the Emperor's safe conduct, without which they would
not have come to that Council.0 To which we may add,
that those Fathers of Constance (it will highly concern
Protestant Princes to consider it^) synodically define and
declare that all heretics (that is, all they call and commonly
miscall heretics), all their defenders or favourers, Sec, of
what dignity soever, Kings, and Queens, and Dukes, Sec,
shall be excommunicated and deprived of all their goods and
secular dignities.0 This (in thesi) is their impious doctrine
and principle ; and (in praxi) they are now endeavouring
to put it in execution here in England, as evidently appears
by their Popish and hellish conspiracy, by the gracious and
powerful providence of Heaven lately and happily discovered.
I take it then to be evident that the aforesaid Popish doc
trines and principles are exceeding dangerous, and to all
¦ Quod non obstantibus salvis con- defendentes eosdem, vel ipsis quomodo-
ductibus Imperatoris, Regum, et seculi libet, publice vel occulte participates ;
principum, quocunque vinculo se ob- etiam si Regali, Reginali, Ducali, aut
strinxerint, possit per judicem compe- alia quavis dignitate Ecclesiastica aut
tentem, de haeretica pravitate inquiri,&c. Mundana pra;fulgeant ; . . . per excom-
— Concil. Constantiense, sess. 19. municationis, et privationis bonorum ac
b Consil. Constantiens. sess. 21. Dam- dignitatum secularium, et alias pcenas,
natio Hieronymi Pragensis, sess. 45. etiam per captiones et incarcerationes
Damnatio Joh'an. Hus. puniantur. — Concil. Constantiens. sess.
c Omnes et singulos hacreticos, necnon 45.
eorum sectatores utriusque sexus, et etiam U 2

292 POPERY DANGEROUS TO [BP. BARLOW.
supreme powers, especially Protestant Kings and Princes,
pernicious. 2. And from the premises it will as evidently follow, that
the aforesaid Popish principles, are not the private opinions
of some particular persons only, seeing, 1. They are pro
fessed and vindicated by the Jesuits, Canonists, and generally
by other great writers of that Church, in their books pub
lished with the approbation and commendation of authority.
2. Established in their approved and received Canon Law.
3. In the authentic Decretal Epistles and Papal Constitutions.
4. In their General Councils ; those, I mean, which they
acknowledge to be General. 5. And, to say no more, all
their Clergy and Ecclesiastics, who have place in those
Councils, have taken a solemn oath to maintain all those
Canons and Papal Constitutions ; and this oath required and
taken by the authority and command of the Council of
Trent3 and the Popeb ; who is acknowledged to be their
supreme judge0, and, since the Councils of Pisa, Constance,
and Basil, declared by Pope Leo X. and his Lateran
Council, which they account a General Council, to be above
all General Councils; and this declaration, that all might
know it is law and obligatory, has lately been referred into
the body of their Canon Law.d Now these things being
undeniably true, that their Popes and General Councils, the
supreme authority of their Church, have approved and re
ceived the aforesaid principles and positions, and caused their
Ecclesiastics solemnly to swear, "that they do believe, and
will constantly profess them, and, so far as they are able,
make all committed to their charge, do so too ; " it evidently
follows, that they are Roman Catholic doctrines, owned and
approved by their Church, and not only by private and par
ticular persons. So that if any, who knows and has im
partially considered the premises, deny it, I shall not call him
a Vide Concil. Trident, sess. 24. cap. c Concil. Florent. Decreto 4. apud
12. De Reformat, et Annotat. Joh. So- Longum a Coriolano, p. 886.
tealli Theologi, et Horatii Lutii, Juris- d Cap. Pastor, 1. Extra. De Conciliis,
consulti, ad caput dictum in edit, dicti in septimo ; and in the same place, cap.
Concilii. Antverp. 1596. aliisque nuperis. Sicut, 3., et cap. Benedictus, 4. The
b In Bulla Pii Papa; IV. super Forma same doctrine is confirmed by Pope
Juramenti Professionis Fidei. Roma;, Pius IV.
1564.

BP. BARLOW.] PROTESTANT PRINCES. 293
impudent, but I may and must say, he has a hard forehead,
and a little thing will not make him blush.
To conclude, if that Priest or Popish gentleman you
mention, who so confidently denies the Church of Rome to
approve such principles as I have laid to her charge, can (as
to the sum and substance of the testimonies here cited, for I
neither need, nor will undertake for every particular circum
stance, or typographical error) either show,
1. That I have misquoted the authors and books I cite,
and that such passages do not occur in the places quoted.
2. Or, if they do occur, that I have mistaken their mean
ing, as to the purposes for which they are produced.
3. Or, if neither of these can be shown, if he can make it
appear that the Church of Rome has, by any public act or
declaration, disowned such pernicious principles and posi
tions, and damned them as erroneous, and, what they really
are, impious : I do hereby promise him, that I will be, what
I hope I never shall be, one of the worst sort of Christians
in the world, I mean a Roman Catholic. Farewell.
Your faithful Friend,
T.L.

TJ 3

294 ON THE SUPREME [BP. TAYLOR.

VII.
ON THE SUPREME CIVIL POWER.
[BP. TAYLOR.]

Rule IV.

The Supreme Civil Power is also Supreme Governor over
all Persons and in all Causes Ecclesiastical.
If this rule were not of great necessity for the conduct
of conscience, as being a measure of determining all ques
tions concerning the sanction of obedience to all ecclesiastical
laws, the duty of Bishops and Priests to their Princes, the
necessity of their paying tribute, and discharging the bur
thens, and relieving the necessities of the republic, I should
have been unwilling to have meddled with it ; because it
hath so fierce opposition from the bigots of two parties, the
Guelphs and the Ghibellines, from Rome and from Scotland,
from St. Peter and St. Andrew, the Papist and the Pres
byterian : and they have placed all their great interest and
their greatest passions upon this question, and used not to be
very kind to any man that shall at all oppose them.
From the Church of Rome we have many learned
men, servants of the Pope, who affirm that all government
Ecclesiastical belongs to him ; that he only can make laws of
religion, that in that he hath a compulsory over Kings, who
are his subjects, dependent upon him, by him to be com
manded in matters of religion ; to which all temporalities are
so subordinate, that if not directly, as some of them say, yet
directly, as most of them say, in ordine ad spirituale bonum,
for the good of the Church and of religion, he can dispose

BP. TAYLOR.] CIVIL POWER. 295
of them. The great defenders of this doctrine are Bellar
mine a and Baronius b, Harding ° and Eudsemon Johannes d,
Fevardentius ° aud Mariana f, Boucher s and Ficklerus h,
Alexander Carerius ' and D. Marta k, Dolemau ', and gene
rally the Jesuits, and all the Canonists.
On the other side, the Presbytery pretends mightily to
the sceptre of Jesus Christ, as the Pope does to the keys of
St. Peter, and they will have all Kings submit to that, as
there is all the reason in the world they should ; but by this
sceptre of Christ they mean their own classical meetings, and
the government that themselves have set up the other day ;
to which the first inventer of it was at first forced pitifully
to beg suffrages of allowance, and that it might be- endured ;
but as ill weeds used to do, it quickly grew up to that height,
that like the bramble, it would be King, and all the birds and
beasts must come under the shadow of it. The great mas
ters of this invention, after Calvin, are Beza m, Cartwright D,
Lambertus Danaeus °, Gellius Snecanus p, Guil. Bucanus "*,
Hermannus Renecherus r, Buchanan s, Christopher Good
man ', Brutus Celta n, Francisc. Hottoman v, the author of the
book called Speculum Tyrannidis Philippi Regis x, and the
Dialogue of Philadelphus : and if any one would see more
of these, he may find enough of them in the writings of that
excellent and prudent prelate, Dr. Bancroft, Archbishop of
Canterbury. Concerning the pretences of the Church of Rome, they
are as invalid as can be wished ; for although there are some
overtures of Scripture made, as Tibi dabo claves, and Ecce
duo gladii, and Pasce oves, which are strange arguments to
considering persons to prove the Pope superior to Kings ;
and concerning them I shall not need to use any argument,
a De Pontif. Rom. lib. ii. c. 17. m De Presbyterio.
b Annal. Eccles. a In his last reply.
0 Contr. Apol. Eccl. Angl. ° Christian, politia.
d Contr. Episc. Eliens. p Lib. Disciplina;.
• In Comment, in Esther. * Loci comm. Theol.
f In Theatr. ' Observat. in Psal. i.
e De Justa Abdicat. Henric. III. ! De jure regni apud Scotos.
h De Jure Magistratuum. * Treatise of Obedience.
1 De Potestate Papa;. u De Jure Magistratuum.
k De Temp, et Spirit. Pontif. Potes- T Francogallia.
tate. * Dial- 2. p. 65.
1 Of the broken succession. D 4

296' ON THE SUPREME [BP. TAYLOR.
but set down the words of the Bishop of Maestricht, in an
excellent oration of his recorded by Aventine : Ambitiosi et
superbi sunt qui Mud Domini Deique nostri elogium, quod
cunque solveris super terrain, Sfc. et quodcunque ligaveris
erit ligatum, fyc. perfrictd fronte interpretando adulterant,
suce libidini servire cogunt, et nobis ceu pueris, et omnium
rerum imperitis, astu illudere student, " they that expound
such words of Christ to serve their pride or lust of empire,
are impudent, and think us to be fools and children, and fit
to be cozened and fooled out of our senses ; "a yet these were
made no use of to any such purpose for many ages after the
Apostle's death ; and therefore, upon wiser accounts, they
cause this great article to rely upon some prudential motives,
and some great precedents and examples. The particulars I
shall consider in the following numbers ; but that which here
lies in my way is their great boast of the fact of Pope Za
chary deposing Childeric King of France, in the year 750,
and appointing Pepin, the King's Marshal, to be King in his
room. Upon the warranty of this example, Gregory VII.
endeavoured to justify his proceedings against the Emperor
Henry IV. Bellarmine will not endure with patience to
hear that any one did this feat but the Pope only ; and on
all hands they contend mightily that it was he, and not the
nobles and people of France. They indeed were willing,
but they bad no authority, therefore they appealed to him as
the ordinary judge ; and he declared for Pepin, and God
declared for that judgment, that it was according to his will ;
for the event was blessed, Pepin was prosperous, and his son,
Charles the Great, grew a mighty Prince, and France a
potent empire, and religion and the Church had great incre
ment and more advantages than before or since. b
But when men judge of actions by the events, they
only show themselves willing to be cozened by prosperity,
and that they will endure nothing that hath affliction with it ;
but so they become advocates for the greatest villanies, be
cause they could never come to their greatness if they were
unprosperous. And therefore there is no judging of lawful
or unlawful by the event, till the last event be tried ; and at
a Lib. v. Annal. Boior. b Epist. ad Perimannum Epis. Me-
tens.

BP. TAYLOR.] CIVIL POWER. 297
the day of our death, and at the day of judgment, the event
of things is the best argument, and the best trial of right
and wrong. But besides this, the folly of these men is in
finitely seen in this very instance. For it is no wonder that
the Church of Rome was prosperous, and did thrive upon
that change ; Pepin and Pope Zachary helped one another,
and divided the spoil ; and Pepin and Charles having no
warranty and reputation in that treasonable surprise of the
Crown of France, but what they had from the opinion the
world then had of the Bishop of Rome, it concerned Charles
to advance the Papacy, that the Papacy might support him.
But " by all that is before him in this world, a man knows
not whether he be worthy of love or hatred," saith Solomon ;
and a man's fortune is " seen in his children ; " and there
fore if the Pope's servants would look a little further than
their own advantages, they might have considered what is
observed by Paulus iEmilius and Beneventus of Imola,
" that in the days of Charles the Great, who was son to
Pepin, the empire was divided (which was. the curse in
which God punished Solomon in the person of Rehoboam) ;
that his son Ludovicus Pius was served just as his grand
father served his master the King, for his son Lotharius did
most unnaturally rebel against him, deposed him, and thrust
him into a cloister ; and that he himself felt the judgment of
God, for himself also was deposed, and succeeded to by
Lewis II., who was prosperous in nothing, but in every un
dertaking the wind blew in his face. His son was Ludo
vicus Nihili, so they called him, a cypher of a King, and
stood for nothing. He indeed left an heir to the crown ;
but he also was a man that had no heart, and his son had no
head ; for Charles the Bald was an extreme pitiful coward,
and Charles le Gros was a fool. After these succeeded
Arnulph, who was eaten up with lice, the sad disease of
Herod ; and in his son, Lewis IV., that race was quite ex
tinguished. And now, if we judge of things by the event,
have we not great reason, even upon this account, to suspect
the fact of Zachary (though it was not his authority, but his
consent and his confederacy with the rebel) to be extremely
displeasing to Almighty God, when there was not one of his
line but went away with a share of the Divine anger ? But

298 ON THE SUPREME [BP. TAYLOR.
such reasonings as these concern none but them who feel
them ; they may suspect the thing, and better examine their
confidences when they feel any extraordinary evils, which
most commonly are the consequents of a great sin and a
mighty displeasure. But others are to do as they should
have done at first, go by rule, and not venture upon the
thing to see what will become of it. Being now quit of this
by which they have made so much noise, all their other
little arguments will soon melt away when they come to be
handled. But as for the other pretenders (viz. those of the Pres
bytery) to a power superior to Kings in Ecclesiastical go
vernment ; they have not yet proved themselves to have
received from Christ any power at all to govern in his
Church, and therefore, much less by virtue of any such
power to rule over Kings. I do therefore suppose these
gentlemen not much concerned in this question, because they
are incapable of making claim ; not only because religion is
no pretence to regalities, and that Spiritual power is of a
nature wholly different from the power of Kings, but be
cause if the Spiritual were to be above the Temporal, yet
even then they are not the better : for they have not only
none of that Spiritual power which can pretend to govern
ment, but it does not yet appear that they have any at all ;
and this relies upon the infinite demonstrations of Episcopal
government and power ; which being one of the words and
works of Christ, must needs be as firm as heaven and earth.
But if they be concerned, they will be concluded.
1. And first, in general it is necessary that the supreme
power of Kings or States should be governors in religion,
or else they are but half Kings at the best, for the affairs of
religion are one half of the interest of mankind ; and there
fore the laws of the Twelve Tables made provision for re
ligion as well as for the public interest/
Jus triplex tabulas quod ter sanxere quaternse
Sacrum, privatum, et populi commune quod usquam est.6
" Cum jus conferendi opima sacerdotia detraxit in animis popularium, plus enim
ab Henrico Imp. vi fuerat extortum, ea quam dimidium sua; jurisdictionis per-
res (inquit Paulus jEmilius, lib. v.) didit.
multum virium Imperatoria; Majestati b Auson.

BP. TAYLOR.] CIVIL POWER. 299
And this is so naturally and unalterably entailed upon the
supreme power, that when Attalus, the King of the Perga-
menians, made the people of Rome his heir, with these words
only Populus Rom. bonorum meorum hceres esto, " let the
people of Rome be heir of all my goods ;" by " his goods "
they understood, divina humanaque, publico et privata,
saith Eutropius", and Florusb, " all power in things public and
private, human and divine." For since religion is that great
intercourse between God and us, it is impossible to deny to
him who stands next to God the care of that by which we
approach nearest to him ; and this I learned from Justin ° :
Jure Me a Diis proximus habetur per quern Deorum ma-
jestas vindicatur, " he is rightly placed next under God, by
whom the majesty of God is asserted." And therefore the
Christians must alter their style, and no more say that the
Prince is homo d Deo secundus, et solo Deo minor (which
are the words of Tertullian), " next to God, and only less
than him, " if between God and the Prince there is all that
great distance and interval of the government of religion.
He is the best and greatest person that rules the best and
greatest interest : and it was rightly observed of St. Paul,
concerning controversies civil, for money or land, " Set
them to judge who are least esteemed amongst you ; "d that
is, of the least concern : but he that is judge of life and
death, that is, the governor of bodies, and he that governs
the greatest affairs of souls, he indeed ought to be of
highest estimation. Bishops and Priests are the great mi
nisters of religion, but Kings are the app^yo), the great
rulers and governors of it. And this is easy to distin
guish. For as the Kings, judges, and council learned in
the law, minister law to the people, yet the King is the
supreme judge in law ; and the King's captains and soldiers
fight his battles, and yet he is summus Imperator, and the
power of the militia is his : so it is in religion, it must be
ministered by persons ordained to the service, but governed
by himself : he is not supreme unless he have all the power
of government.
2. The care of religion must needs belong to the supreme
¦ Lib. iv. Eulrop. c Lib. viii.
» Lib. ii. L. Flor. d 1 Cor. vi.

300 ON THE SUPREME [BP. TAYLOR.
Magistrate, because religion is the great instrument of
political happiness : ad magnas Reip. utilitates retinetur
religio in civitatibus, saith Cicero a ; and unless he have
power to manage and conduct it, and to take care it be
rightly ordered, the supreme power hath not sufficient to
defend his charges. If the Prince cannot conduct his re
ligion, he is a supreme Prince just as if he had not the
militia ; or as if he were judge of right but not of wrong ;
or as if he could reward but not punish ; or as if he had
cognisance but of one half of the causes of his people ; or as
if he could rule at land but not at sea, or by night but not
by day. But how if an enemy comes with a fleet against
him, will he send a brigade of horse to take a squadron of
ships ? The case is just the same ; for if God breaks in
upon a nation for the evil administration of religion, how
shall the Prince defend his people or answer to God for
them ? And this is no inconsiderable necessity : for be
sides that, justice and charity, and temperance and chastity,
and doing good and avoiding evil are parts of religion, and
yet great material parts of government and the laws, the
experience of mankind and natural reason teaches us that
nothing is so great a security or ruin to a state as the well
or ill administration of religion.
Dii multa neglecti dederunt
Hesperiee mala luctuosse : b
and Cicero, Omnia prospera eveniunt colentibus deos, ad-
versa spernentibus, " the people that have care of religion
are prosperous, but unhappy when they are irreligious."0
2w<=x<fi Sap-a, saith Euripides d ; and
Kahbv 51 &ya\/j.a iv6Kso'iv evoeS^s ir6voc.' •
" Religion is the band of families, and a strong foundation to
commonwealths." To rrvvexTixov d.7rd.o~r}g Hoivwviag xou i/o/ao-
Qscrlag 'spsKrpa., so Plutarch ; " it is the ligature of all
communities, and the firmament of laws : " the same with
that of Synesius, eiureSsta Trpwrov uiroQs&hriG-Qa), xorprig a<r-
<£aArj£, £<p' rig i<TT7^ei to ayah[j.a £jW,7rsSov t% fiouri'htia.g,
" Lib. ii. De Divinat. c Orat. 5. in Verrem.
" Horat. a In Bacchis. • In Supplic.

BP. TAYLOR.] CIVIL POWER. 301
" first let religion be settled, because it is the strong base
and column upon which a kingdom does rely." And of
this we have God himself a witness : " Seek the Kingdom
of Heaven and the righteousness thereof in the first place,
and all these things (that is, the necessaries of the world
and of this life) shall be added. For so saith the Apostle,
" Piety is profitable to all things, having the promise of the
life that now is, and of that which is to come." And to
this that of Homer rarely accords, —
"flfTTe rev 9) {Zavihrjoc. df*6f*ovos, Hare &eovc')is
'Avopdfrw iv TroAAoitn Kal ItyQlpAurtv avdaffuv
EbSudac; avexWh (pepvfft 5e yala fieKaiva
TLvpovc Kal icpiQac, {ipid'qo't 5e SeySpea Kapira;.
Ti'/crei 8' e/uireSa p.TJKa' &aAa<ro"a 6e Trape^ei Ix^us
E| ivnytclns' dperSjot 5e Aaot in? abrov.
The sense of which is well enough rendered by that of
Justinian ", oinrsp Iv elprjvr) c^iAaxTOjuivou, xa) to \oittov r]fuu
evQrjVrjo-ei 7roXi'r£ii|t<.a, that he would take care concerning
Ecclesiastical government or the affairs of religion, " for if
this be kept in peace all the whole republic will be pros
perously administered," reliqua nobis exuberabit politia.
So it is rendered by one of our Saxon Kings. The very
trees will bring their fruit in due season, and the sea will
give her fish, and the earth shall give her increase, when
Kings take care of justice and religion. By religion Princes
increase their empire. b So Cicero0 affirms of the Romans :
Non calliditate ac robore, sed pietate ac religione omnes
gentes nationesque superavisse, " they overcame all the na
tions, not by force or craft, but by piety and religion." Te
which purpose is that of Valerius Maximus : Non dubi-
taverunt sacris imperia servire : ita se rerum humanarum
futura regimen existimantia si Divines bene atqne con-
stanter essent famulata, " the greatest empires made no
scruple of ministering to religion, as believing that then
they should most prosperously prevail in the governments of
the world if they well and constantly did service to the
Divine Almighty power." Now this is not to be understood
a Novel. 42. qu< religionibus paruissent, dixit Cicero,
b Eorum Imperiis remp. amplificatum de Nat. Deor. lib. ii.
0 Orat. de Arusp. Resp.

302 ON THE SUPREME [BP. TAYLOR.
as if it meant that if a King were a good man and personally
religious it would procure blessings for him and his people,
though that be true in some proportion of events : but it
signifies that they should be religious Kings, that is, as
such, take care to defend, to promote, to conduct, and to
govern it to advantages and for the honour of God. And
this observation is made by St. Augustin in his epistle to
Bonifacius : " How do Kings serve the Lord in fear, but by
forbidding and by a religious severity punishing those things
which are done against the Lord's commandments ? For
otherwise does he serve him as a man, otherwise as a King.
As a man he serves him by living faithfully : but as a King
he serves him by establishing laws, commanding righteous
ness, and forbidding the contrary. So did Hezekiah serve
God by destroying the groves and the idol temples, and all
those things which were built against the commands of God.
In the like manner King Josiah did serve God : and the
King of Nineveh served him by compelling all the city to
serve the Lord. Thus King Darius served God by de
livering the idol to Daniel to be broken, and casting his
enemies into the lion's den : and Nebuchadnezzar served
him by forbidding by a terrible law all his subjects to
blaspheme. For in this Kings serve the Lord as Kings,
when they do those things for his service which they cannot
do but as Kings." Now, if religion be the great interest,
the preserver, the enlarger of kingdoms, it ought to be go
verned by the hands of these whose office it is to enlarge or
to preserve them. For if the instrument be conducted by
other hands, the event shall depend upon them, and then
they, not Kings, shall be answerable for the felicity or in
felicity of their nations. And it was rarely well said of
Plutarch, that "a city might be as well built in the air,.
without earth to stand upon, r] vo^iTela, t% 7rspj ^eS>v &o'£ij£
dvaips6slo-7}g, 7ravTd.7ra.0-1 crvo-Tao-iv "KatSsiv, r] T^aSoutra TTjpvj-
o-a*, ' as a republic can either be constituted or preserved
without the support of religion.' " That supreme power,
therefore, that hath no government of religion is defective
in a necessary part of its life and constitution.
3. The supremacy and conduct of religion is necessary to
the supreme power, because without it he cannot in many

BP. TAYLOR.] CIVIL POWER. 303
cases govern his people. For, besides that religion is the
greatest band of laws, and conscience is the greatest endear
ment of obedience, and a security for Princes in closets and
retirements, and his best guard against treasons % it is also
that by which the common people can be carried to any
great, or good, or evil design. And, therefore, Livy ob
serves of Numa, that to establish his government he first
settled religion, as supposing that nothing is more powerful
to lead the people gently, or to drive them furiously, than
to imprint in them the fear of God, or to scare them with
religion. And, therefore, the Prince cannot rule without
it : he is but the shadow of a King and the servant of his
Priests ; and if they rule religion, they may also rule him ;
and that for two great causes.
1. Because the propositions and opinions of religion have
and are directly intended to have great influence upon the
whole life and all the actions of mankind. For how if the
Ministers of religion preach the Stoical fate, and that all
things that come to pass are unalterably predetermined, who
need to care how he serves God, or how he serves his
Prince ? Suetonius says of Tiberius, that he was religionis
negligentior, quippe persuasionis plenus cuncta fato agi,
" careless of religion, because he was fully persuaded that
all things came by destiny." To what purpose are laws or
punishments, rewards and dignities, prisons and axes, rods
and lictors, when it is injustice to punish a criminal for
being unavoidably miserable ? and then all government is at
an end when there can be no virtue nor vice, no justice nor
injustice : for what is alike necessary is equally just. But
upon some such account as this, Plato said that they are not
to be suffered in a commonwealth who said that God is the
author of evil. And what are likely to be the effects of
that persuasion, which is a great ingredient in the religion
of some men, that dominion is founded in grace ; that evil
a Solo sacramento inclyti principes fin. Omnium primum, rem ad multi-
tuti sunt  Svmmach. lib. x. Ep. 54. tudinem imperitam, et illis seculis rudem
Maximum, dicente Cator.e, majoribus efficacissiniam, Deorum metum injicien-
nostris telum, ex quo plures pace sus- dum ratus est — Livius, lib. i. Primum
cepta; quam bello gentes fuere devictae, enim malitiae vinculum est religio, et
quo solo continetur omnis societas, et signorum amor, et deserendi nefas. —
dissoluto dissolvitur. — Apfius, lib. vi. in Senec. Epist. 69.

304 ON THE SUPREME [BP. TAYLOR.
Princes may be deposed ; that heretics may be excom
municated, and their subjects absolved from the oath of
their allegiance ; that faith is not to be kept with heretics ;
that it is lawful to tell a lie before a magistrate, provided
we think up the truth ; that Kings are but executioners of
the decrees of the presbytery ; that all things ought to be in
common ? By such propositions as these it is easy to over
throw the state of any commonwealth ; and how shall the
Prince help himself, if he have not power to forbid these and
the like dangerous doctrines ? A commonwealth framed
well by laws and a wise administration, can by any one of
these be framed anew and overturned. It is therefore ne
cessary that the Prince hold one end of his staff, lest him
self be smitten on the head.
2. The other great cause is this : because religion hath
great influence upon persons as well as actions ; and if a
false religion be set on foot, a religion that does not come
from God, a religion that only pretends God, but fears him
not, they that conduct it can lead on the people to the most
desperate villanies and machinations. We read in the life of
Henry III. of England % that when he had promised any thing
to his nobility that he had no mind to perform, he would
presently send to the Pope for a Bull of dispensation, and
supposed himself acquitted : and who could suffer such a
religion that destroyed the being of contracts and societies,
or bear the evils consequent to such a religion ? And of the
same nature, but something worse in the instance, is that
which Arnaldus Ferronius tells of, that the Roman lawyers
answered to Ferdinandus Davalus", that at the command of
the Pope he might take up arms against the Emperor Charles
V., his Prince, without any guilt of treasou. And it was
yet very much worse which was done and said by the Pope
John XXII. against the Emperor Lewis IV., Quod si nobis
obtemperare detrectaverit, Patriarchis, Episcopis, cunctis
Sacerdotibus, Principibus, Civitatibus imperamus ut eundem
deserant, ac nobis parere cogantc, Patriarchs and Princes,
Bishops and Priests, were not only allowed, but commanded
to forsake their Emperor, and to compel him to obey the
a Matth. Westmonast. in Hen. III. c Aventin. lib. vii. Annal.
b Lib. viii. Rcrum Gallicar.

BP. TAYLOR.] CIVIL POWER. 305
Bishop of Rome. By these and much more it appears, the
evil Ministers of a false religion have great powers of doing
what they please :
Nam faciunt amnios humiles formidine divum,
Depressosque premunt ad terram.
They make the people absolute slaves, and lift them up again
with boldness to do mischief. JLuahcoTov elg $sio-i$ai[Aoviav to
fiupGapixhv, said Plutarch, "the rude people are easy and apt
to superstition : " a and when they are in, they are ready for any
violence. Super stitione qui est imbutus quietus esse non potest,
said Cicero : " they cannot be quiet when they have got a
wild proposition by the end." And this is too much verified by
the histories of almost all nations'3 : for there is none but hath
smarted deeply by the factions and hypocrisies of religion.
The Priests of Jupiter in the island of Meroe did often send
the people to kill their Kings.0 Eunus, a Roman slave,
armed 60,000 men upon pretence of a religious ecstasy and
inspiration. Maricus in France did the like ; so did an
Egyptian in the time of Claudius the Emperor, mentioned by
Josephus, who led after him 30,000 men against the Romans.*
The two false Christs, the one in the time of Vespasian, the
other under Hadrian, prevailed to the extreme ruin of their
miserable countrymen., Leo and the Turkish annals tell us
strange events and overthrows of Government brought to
pass by the arts of religion in the hands of Elmahel and
Ghemin Mennal in Africa: the first taking the kingdom
of Morocco from Abraham their King, together with his
life ; the other forcing the King of Fez to yield unto him
the kingdom of Temesna. In Asia, Shacoculis, of the Per
sian sect, by his religion, armed great numbers of men, and in
three great battles overthrew the Turkish power, and put to
hazard all their empire.
They that knew none of these stories did know others like
them, and at least knew the force of religion to effect what
changes pleased them who had the conduct of it ; and there
fore all wise Princes, ancient and modern, took care to pre-
a In Sertorio. c Florus, lib. iii. c. 16.
b Diod. Sicul. lib. vi. c. 10. d Lib. ii. De Bello Judaic, cap. 12.
VOL. III. X

306 ON THE SUPREME [BP. TAYLOR.
vent the evil by such remedies and arts of government as
were in their hands. Three remedies were found out, two
by men, and one by God.
1. The ancient governments of the world kept themselves
and their people to the religion of their nation, that which did
comply with their government, that which they were sure
would cause no disturbance, as being that which was a part
of the government, was bred up with it, and was her younger
sister ; but of foreign rights and strange and new religions
they were infinitely impatient ; by the prohibition and exclu
sion of which by their civil laws, as the supreme power
secured the interest and peace of the republic, so it gave
demonstration that the civil power was supreme also in the
religion. Upon this account we find that Aristotle and
Anaxagoras were accused ; Socrates and Protagoras were
condemned for holding opinions and teaching contrary to the
religion of their country ; and it was usual with the Athe
nians so to proceed : so Josephus3 writes of them, uxtts xa\
Toxjg prjjxa [kovov irapa Tohg Ikzivvov vopoug tpSsy^a^svoog wipi
Qsibv aTrapaiTYjTwg xo~ha£,siv, " they did severely punish any
man that spake but a word against the religion established
by law." The Scythians also put Anacharsis to death
for celebrating the feast of Bacchus by the Grecian rights.
For these nations accounted their country gods to be enter
tained and endeared by their country religion, and that they
were displeased with any new ceremonies. But this thing
was most remarkable in the state of Rome. For this was
one of the charges which they gave to the iEdiles, Ne qui
nisi Romani DU neque alio more quam patrio colerentur?
And Marcus iEmilius recited a decree to this purpose, Ne
quis in publico sacrove loco novo aut externo ritu sacrifi-
caret. And this they made a solemn business of, saith Livy°,
quoties patrum avorumque cetate negctium magistratibus
datum est ut sacra externa fieri vetarent, "in the days of
our ancestors they often made laws forbidding any stranger
rites ; " but commanded that only their own country gods
should be worshipped, and that after their country manner.
For this was enjoined in the laws of the Twelve Tables,
» Lib. ii. contr. Apion. c Liv- i;b_ xxxix
b Liv. lib. xv.

BP. TAYLOR.] CIVIL POWER. 307
Nemo separatim Deos capessit, " no man must have a reli
gion of his own, but that which is appointed by laws." And
upon this stock Claudius banished the Jews from Rome, and
quite extinguished the superstition of the Druids, which
Augustus Csesar had so often prohibited. But most full to
this purpose is the narrative which Dio makes of the counsel
which Maecenas gave to young Octavian, to [/.Iv ^shv 7ravT-t\
wavTcog avTog ts ciSou koto. to. Trd-Tpia, xa) Tovg aWong
Tifxav avayxa^e' Tovg 8s ^ivi^ovToLg ti ttsqi aiiTo fAicrei xai
xo7ia£e, oti xaii/a Tiva Sa^ao'wa ol toioutoi avTsio-ipipovTsg
TroTO^ovg ava7rsiSoijo-iv aT^'KoTptovoy.siv ' xax toutou xa\
o-MVia\x.oo-lai xa) cruo-Tao-sig sTspBiai ts yt'yvovTtxi, " worship
God always, and every where, according to your country's
customs, and compel others so to do ; but hate and punish
the bringers in of strange religions, because they who bring
in new deities and forms of worship, they persuade men to
receive other laws, and make leagues, covenants, factions,
and confederacies."
And therefore to prevent innovations in religion, the Ro
mans often inquired after those who had books of strange
religions, and when they found any they burned them ; as
we find in Livy* and Suetonius. b They would not suffer the
rites of religion to be publicly disputed : and Augustus would
not have the causes of the rites of Ceres heard in open court.
And when Ptolemy of Egypt was pressed to hear the con
troversy between the Jews and the Samaritans concerning
the antiquity of their religion, he would not admit any such
dispute till the advocates would undertake their cause to be
just upon the pain of death, so that they who were overcome
in the cause should die for it ; and that they should use no
arguments but those which were taken from the received
laws of their country, the law of Moses : they did so, and
the advocates of the Samaritan party being overcome, were
put to death.0 For they knew that to introduce a new
religion with fierceness and zeal would cause disturbances
and commotions in the commonwealth ; and none are so
sharp, so dangerous and intestine, as those which are stirred
by religion. Pro aris et focis is the greatest of all conten-
a Liv. lib. v. dec. 3., et lib. x. dec. 4. c Joseph, lib. xiii. Antiq. Judic. c. 6.
b In Augusto, c. 31. X 2

308 ON THE SUPREME [BP. TAYLOR.
tions, for their country, religion, and their country dwellings;
" for their altars and their hearths even old women and
children will carry clubs and scalding water." This caution,
therefore, was also observed by Christian Princes. Jus
tinian a gave in charge to the Proconsul of Palestine, to
prevent all popular tumults which from many causes used
to disturb the province, tum vero maxime ex diversitate,
religionum . . . quandoquidem ut multos illic tumultus exis-
tere cernimus, neque leves hor um eventus, but especially
those that proceed from diversities of religion ; for this begets
many tumults, and these usually sit very heavy upon the
commonwealth, the changes of religion being most commonly
the most desperate paroxysms that can happen in a sickly
state. Which Leontinus, Bishop of Antioch, expressed
prettily by an emblem ; for, stroking of his old white head,
he snid, " When this snow is dissolved, a great deal of dirty
weather would follow : " meaning, when the old religion
should be questioned and discountenanced, the new religions
would bring nothing but trouble and unquietness.
This course of forbidding new religions is certainly very
prudent, and infinitely just and pious. Not that it is lawful
for a Prince to persecute the religion of any other nation, or
the private opinion of any one within his own ; but that he
suffer none to be superinduced to his own to the danger of
peace and public tranquillity. The persuasions of religion
are not to be compelled, but the disturbances by religion are
to be restrained by the laws. And if any change upon just
reason is to be made, let it be made by authority of the
supreme, ut respublica salva sit, that he may take care that
peace and blessings may not go away to give place to a new
problem. When it is in the Prince's hands he cau make it
to comply with the public laws, which he then does best of
all when he makes it to become a law itself. But against
the law no man is to be permitted to bring in new religions,
excepting him only who can change the law and secure the
peace. Beyond this no compulsion is to be used in religion :
TrpoTpsTTTixr] yap r] 7ra<ra Ssoo-zSsta ^wrjg Trjg vuv xa\ t%
[j-sKkovo-rig ops^iv eyy=vvCoo-a t<x> cruyysvsl Aoyi (ry^to, said S.
n Novel. 103. c. 2.

BP. TAYLOR.] CIVIL POWER. 309
Clemens Alexandrinus ", " All religion must enter by exhor
tation, for it is intended to beget a desire in our mind that is
of the same cognation, a desire of the life that now is, and
of that which is to come." The same with that of Theodo-
ricus, King of the Romans, Religionem imperare non possu
mus, quia nemo cogitur ut credat invitus ; and Theobaldus,
writing to the Emperor Justinian, argued well, " Since God
himself is pleased to permit many religions, we dare not by
force impose any one ; for we remember to have read that
we must sacrifice to God with a willing mind, not by the
command of any one that compels." b And therefore the old
Romans, the Greeks, the Scythians, although they would
admit no new religion amongst their own people, would
permit to every nation to retain their own ; by this practice
of theirs declaring that religion is not to be forced abroad,
nor changed at home, but that it was by the supreme power
of the republic to be conducted so as to comply with the in
terests of the common wealth. This was the first remedy
against the evils of religious pretences, which, by being con
ducted in the hands of the civil power, shows that to be
supreme even in the questions of religion.
2. The other, which was found out by men, is, that they
did take the priesthood into the hands of the supreme civil
power, and then they were sure that all was safe. The
Egyptians chose their Priests out of their schools of learning,
and their Kings out of their colleges of Priests. The Kings
of Aritia, a place not far from Alba, were also Priests of
Diana ; the same is reported of the Priests of Bellona, that
they were the Kings of Cappadocia, saith Hirtius ; and the
Priests of Pantheon were supreme judges of all causes, and
conductors of all their wars.0 The Kings of Persia were
always consecrated to be Princes of the ceremonies, so was
the King of Lacedaemon ; and at this day the Kings of
Malabar are also Brahmins or Priests ; and it was a law
amongst the Romans, Sacrorum omnium potestas sub Regi-
bus esto. The power of religion and all holy things was to
a Lib. i. Pa;dog. c. 1. c Marsil. Ficin. in pra;fat. lib. Tres-
b Apud Cassiodorum, lib. ii. Variat. meg. Strabo, lib. v. In Bell. Alexandr.
ep. 27. Lib. a. ep. 26. Diod. Sicul. lib. vi. u. 10.
X 3

310 ON THE SUPREME [BP. TAYLOR
be under their Kings, and Virgil3 ever brings in his Prince
iEneas as president of the sacrificial rights ; and of something
to the same purpose Ovid b makes mention :
Utque ea nunc certa est, ita Rex placare superna
Numina lanigerse conjuge debet ovis.
" The King, with the sacrifice of a ram, was to appease the
gods." So did Romulus and Numa : Romulus auspiciis,
Numa sacris constitutis fundanienta jeeerunt Romance
civitatis, said Cicero0 ; they built Rome, and religion was the
foundation of the city. And the same custom descended
with the succeeding Kings, as Dionysius Halicarnassus re
ports, IIpwTov |U.sv Upwv xa) §vo-id)V yyspLoviav efyev, xa)
TravTa oY sxslvou wpaTTso-Qai to. Trpog Ssobg bo~iovg, " They had
the government of all sacrifices and holy rites, and what
soever was to be done to the Holy Gods, was done by them."
When afterwards they separated the priesthood from the
civil power, they appointed a sacrificing King to take care
of the rites, but they kept him from all intermeddling with
civil affairs ; he might bear no office in the commonwealth,
nor have any employment in the army, nor make an oration
to the people, nor meddle with public affairs ; and yet,
besides this caution, the supreme magistrate was Pontifex
Maximus ; and although he did not usually handle the rites,
yet when he pleased he made laws concerning the religion,
and punished the Augurs and Vestal Virgins, and was supe
rior to the Rex sacrorum, and the whole college of Priests.4
But when the Commonwealth was changed into Mo
narchy, Augustus annexed the great Pontificate to the Impe
rial dignity, and it descended even to the Christian Emperors,
who, because it was an honorary title, and was nothing but
a power of disposing religion, they at first refused it not ;
but upon this account it was that Tacitus6 said of the Roman
Emperor, nunc Deum mune re summit m Pontificem summum
hominum esse, " The greatest Priest is also the greatest
Prince." Now, this device of theirs would indeed do their
business, but it was more than was needful. For though it
I Lib- x- ^Eneid. Halic. lib. 4. A. Gell. lib. x. cap. 15.
Fastor- Liv. lib. ii.
° Llb- »¦ De Nat. Deor. e Annal. lib ii;
d Festus Pompeius, lib. xvii. Dionys.

BP. TAYLOR.] CIVIL POWER. 311
were certain that religion in the hands of the supreme magis
trate should never disturb the public, yet it might be as sure
if the ministry were in other hands, and the empire and con
duct of it in their own. And that was God's wav.
3. For God hath entrusted Kings with the care of the
Church, with the custodv of both the Tables of his Law,
with the defence of all the persons of his empire ; and their
charge is, to preserve their people in all godliness and
honesty, in peace and in tranquillity ; and how this can be
done without the supreme care and government of religion,
is not easy to be understood.
4. But this appears, in that Kings, that is, the supreme
power of every nation, are vicegerents of Christ, who is
" Head of the Church and heir of all things ; He ruleth
with a rod of iron ; He is Prince of the Kings of the
earth ; the onlv potentate, King of kings and Lord of
lords ; To him is given all power in heaven and earth, and
by him Kings reign."3 So St. Athanasius, 'ha<j£avwv vjv 6
XpiG"TO£ tt:v %-povov [xtTso'T^o'sv a'jTov xa) sOwxs Toig dyi'oig
Xpio-Tiavwv $ao-ihirjo-iv s7rava<TT5=il/ai -o'jTO'jg \—\ t^v otxov
TaxajjB, " Christ, taking his throne, hath translated it, and
given it to holv Christian Kings, to return them back to the
house of Jacob." b The Fathers of the Council of Ariminum,
writing to Constantius the Arian Emperor, say to him,
that bv Christ he had his empire given him : 8*' od [Xej<r
Tooj] col xa\ to j&ao-iXi-JSiv O'jtojc Otttj^bv cog xa} Tr^g xad'
Jjj«.a£ olxoufjiivr^g xoaTtiv, "By him thou art appointed to reign
over all the world." And upon this account Liberius gave
him this advice, ju/jj [xdyov ~p\g tov osOroxoTa croi rrtv aoyjp
tu'jtw ij.rt oait i'j^apio-Tiag afTrcr'cr^c s\g a-jrlv, " Fight
not against him who hath given thee this empire ; and
instead of thanksgivings, pay him not with dishonour." For
the Prince, being an Arian, and denying the divinity of
Christ, did dishonour the Prince of the kings of the earth,
who had deserved better at his hands. The consequent of
this consideration is this : If Christ, as'the supreme King,
does rule his Church, and in this kingdom hath deputed the
a Heb. i. 2., Rev. i. 5., xi. IV., xvii. b Serm. de B. Virg.
14., xix. 16., 1 Tim. vi. 15., Mat.sxviii.
18. x 4

312 ON THE SUPREME [BP. TAYLOR.
Kings of the earth, and his vicars they are, then they are
immediately under him in the government of Christ's Church.
For Christ in Heaven is both King and Priest. As King,
He reigns over all the world, for the glory of His Father and
the good of His elect ; as Priest, He intercedes for all man
kind, and particularly for them who shall be heirs of. salva
tion. Now, in both these relations, He hath on earth deputed
certain persons to administer and to imitate His kingdom and
priesthood respectively. For He governs all the world, but
He does it by His angel ministers, and by Kings his depu
ties. He officiates in His priesthood himself, and in this He
hath no deputy, for He intercedes for us continually ; but
He hath appointed an order of holy and consecrated persons
to imitate the offices of this priesthood, to minister the bless
ings of it to the people, to represent the death of the Cross,
to preach pardon of sins to the penitent, to reconcile lapsed
and returning sinners ; that is, to minister to the people all
the blessings which He by the office of priesthood procures
in Heaven for us. Now it is certain that He hath made
deputies of His kingdom, for all power being given to Him
as the great King, there can be no government upon earth
but what He appoints. " The government is upon His
shoulders," and all the earth is His inheritance, and there
fore from Him all just government is derived. Now, it
being manifest that He is the fountain of all kingly power, it is
also as manifest that all this power is delegated to the Kings
of the earth ; for " by me Kings reign," saith the wisdom
of God, and it is one of His most glorious appellatives, that
He is " Prince of the Kings of the earth ; " and it is as
certain that none of this kingly power was given to the
ministers of religion, but expressly denied to them. " The
Kings of nations exercise dominion," that is their province ;
" but it shall not be so amongst you : but he that is greatest
amongst you let him be your minister." That is your state ;
you are ministers of the kingdom to other purposes in other
manners ; you do your work by serving, by humility, by cha
rity, by labours and compliance, by gentle treatments and the
gentlest exhortations ; nothing of a King is to be in you, but
the care : oti o-ovdirTstv tt^v ^acrt'Keiav tt, lepo<rvvr} (royx'hioQziv

BP. TAYLOR.] CIVIL POAVER. 313
sctt) to. a.trvyx'Kmo-Ta? , " for to join the kingdom and the
priesthood evangelical is to join in one band things of the
most differing nature : " for the name of Kings hath power
and constraint, rods and axes ; the name of Priests and
Apostles hath in it nothing but gentle manners and holy
ministries. Kings can compel ; the ministers of religion
must entreat. They can -kill ; but, at the most, these can
but rebuke sharply. These can cut off from spiritual com
munion, and deny to give them mysteries that will hurt the
wicked and the indisposed ; but they can cut them off from
life itself. Kings justly seek honours, wealth, and dignity,
and it is allowed them by laws and by necessity, and by
their reason ; but Priests must not " seek their own, but only
the things of Jesus Christ." They must indeed be maintained ;
the ox cannot labour if his mouth be muffled : but though
this be his maintenance, it must be no part of his reward.
Our blessed Saviour's word is rendered by St. Matthew b by
xaTaxupisusiv, the Kings of the people do rule imperiously.
This very word is also used by St. Peter and forbidden to
the Elders of the Church, and to it is opposed irot^aivnv,
to feed the flock like shepherds. The manner of xupisueiv,
used by St. Paul, or xaTaxupisusiv, used by St. Matthew
and St. Peter, the exercising dominion, is compulsion and
great riches ; this is also forbidden to the Clergy, they must
not do any thing dvayxao-Tiog, nor aWypoxsp^wg, not for
profit to themselves, nor with violence, or imposing necessity
upon others. The Ministers of religion are very consider
able in this Kingdom of Christ, to promote and to advance
it by holy preachings and holy ministrations ; but it is true
which was solemnly declared in Babylon to the Prince of the
captives, qfficium ipsi non potestatem injungi, et ab eo die
incipiendum ipsi servire omnibus ; their eminency is nothing
but an eminency of service, it is the greatest ministry in the
kingdom, but hath in it the least of empire. But of this I
shall have occasion to give a fuller account. For the pre
sent, that which the present argument intends to persuade is,
that the Ministers of religion are only officers under Christ's
a Svnes. b Mat. xx- 2^.

314 ON THE SUPREME [BP. TAYLOR.
priesthood, but subjects in His kingdom, which is adminis
tered by angels and Christian Princes in all the imperial, in
the defensive and coactive parts and powers of it. The
Christian King, or supreme magistrate, can do every thing
TrXriv \kovom too Upoopyziv, as Comatenus said, " only except
the sacred ministries ; " which is the same which was said by
the famous Bishop of Corduba, Hosius, in Athanasius:
Neque igitur fas est nobis in terris Imperium tenere, neque
tu sacrorum et thymiamatum habes potestatem, Imperator,
hoc est jus adolendi. The good Bishop was speaking of the
fact of Ozias, who, though he had power over the Priests,
yet had nothing to do to meddle with the rights of priest
hood : " It is not lawful for us to meddle with the empire or
rights of government, nor for thee, O Emperor, with the
rights of incense." The sum is this : If Christ by his
kingly power governs his Church, and Christian Kings are
his deputies, then they also are the supreme, under Christ,
of the whole government of the Church.
5. So that now I shall not need to make use of the pre
cedents of the Old Testament, nor recite how David ordered
the courses of the Levites, the use of the bow in the choir,
the solemnities of public service, nor how Solomon put
Abiathar from the high-priesthood, nor how Jehu, nor Heze-
kiah, nor Josiah reformed religion, pulled down idols, burnt
the groves, destroyed the worship of Baal, reduced the
religion of the God of Israel. This, indeed, is an excellent
argument, because it was a time in which God gave his
Priests more secular eminency and external advantages than
ever he did since, and also because Christ changed nothing
in the kingdoms of the earth ; he left them as he found
them, only he intended to make them ministers and portions
of his kingdom ; and that they should live privately, and
govern publicly by his measures, that is, by the justice and
mercy evangelical. But this argument I was the more
willing to touch upon, because the Church of England much
relies upon it in this question, and excommunicates those who
deny the supreme civil power to have the same authority in
causes Ecclesiastical, which the pious Kings of the Hebrews
had over the Synagogue ; but I find the ancient doctors of
the Church pressing much upon the former medium, that

BP. TAYLOR.] CIVIL POWER. 315
Christ hath especially entrusted his Church to Christian
Princes. For, —
6. Christ shall call Christian Kings to account for souls.
Cognoscunt Principes seculi Deo se debere rationem red-
dere propter Ecclesiam quam a Christo tuendam susci-
piunt. Nam sive augeatur pax et disdplina Ecclesice per
fideles Principes, sive solvatur, Me ab eis rationem
exigit qui eorum potestati suam Ecclesiam credidit, said
Isidore Hispalensis *, " Let the Princes of the world know
that they must give an account to God for the Church which
they have received from Christ into their protection. For
whether the peace and discipline of the Church be increased
by faithful Princes, or whether it be dissolved, he who hath
entrusted his Church to their power will exact an account
from them." And therefore Pope Leo b to Leo the Emperor
gave this advertisement, Deles incunctanter advertere
Regiam potestatem tibi non solum ad rnundi regimen, sed
maxime ad Ecclesice prcesidium esse collatam, " You must
diligently remember that the supreme power is given to you
not only for the government of the world, but especially for
, the safety and defence of the Church." Now this defence
not being only the defence of guards, but of laws, not only
of persons, but especially of religion, must needs infer that
Kings have something more to do in the Church than the
court of guards hath : he defends his subjects in the service
of God ; he defends and promotes this service ; he is not to
defend them if they disserve Christ, but to punish them, and of
this he is judge and exactor : and therefore this defence de
clares his right and empire. Ex quo Imperatores facti sunt
Christiani res Ecclesice ab ipsis dependisse," so Socrates
expresses this question, " Ever since the Emperors became
Christian, the affairs of the Church have depended upon
them." They did so before, but they did not look after
them ; they had the power from Christ, but they wanted
his grace ; they owed duty to him, but they paid it not, be
cause they had no love for him ; and therefore Christ took
what care he pleased, and supported it in persecution, and
made it grow in despite of opposition : and when this he had
* In Sent. e. 51. b Epist. 75.

316 ON THE SUPREME [BP. TAYLOR.
done long enough to prove that the religion came from God,
that it lost nothing by persecution, but that his servants
loved him and died for him, then he called the Princes into
the house of Jacob, and taught them how to administer his
power to the purposes of his own designment. Hence come
those expressions used often by antiquity concerning Kings,
calling them Vicarios Dei, verce religionis Rectores,
einreSelus xa) TrlrrTscog dpxnyohg, "The Deputies of God,
Governors of true Religion, the Captains and Conductors of
Faith and Godliness ; " ad quorum curam, de qud Deo
rationem reddituri erant, res Ma maxime pertinebat, "for
to their care religion and the Church did belong, and con
cerning that care they were to give an account to God."
Now if we descend to a consideration of the particular
charges and offices of Kings in relation to the Church, it
will not only be a mighty verification of the rule, but also
will minister to the determination of many cases of con
science concerning Kings and concerning the whole order
Ecclesiastical. This I shall do in the following rules, which
are but appendices to this.

Rule V.
Kings have a legislative power in the affairs of Religion and
the Church.
This is expressly taught by St. Augustin : In hoc Reges sicut
eis divinitus prcecipitur Deo serviunt in quantum Reges
sunt, si in suo regno bona jubeant, mala prohibeant, non
solum quce pertinent ad humanam societatem, veriim etiam
quce pertinent ad Divinam religionem, " in this Kings in
that capacity serve God according to the Divine command
ment, if in their respective kingdoms they command good
things and forbid evil, not only in relation to human society,
but in order to religion." a
The least part of this power is to permit the free exercise
of it, and to remove all impediments, and to give it ad
vantages of free assemblies, and competent maintenances and
* S. August. Ep. 166. Contr. Crescon. lib. iii. c. 51.

BP. TAYLOR.] CIVIL POWER. 317
just rewards and public encouragements. So Cyrus and
Darius gave leave and guards and rescripts, warranty and
provisions and command to the Jews of the captivity to
build the temple. So Constantine and Licinius did to the
Christians to practise their religion. Thus Hezekiah and
some other pious Kings of the Hebrews took away the
offences of the people, the brazen serpent, the groves and
images, the altar of Bethel, and the idolatrous services. And
of these things there is little question ; for the Christian
Princes by their authority shut up the temples of the heathen
gods. That which is yet more considerable is, that by punish
ments they compel their subjects to serve God and keep his
Commandments. That which was observed of the primi
tive Christians, that they tied themselves by oaths and
covenants to serve God, to do justice, not to commit adul
tery, to hurt no man by word or deed, to do good to every
man they could, to assemble together to worship Christ,
that Christian Princes are to secure by laws, that what men
will not do by choice they may whether they will or no ;
, and this not only in things relating to public peace and the
interest of the republic, but in the immediate matters of reli
gion : such as are laws against swearing, against blasphemy,
against drunkenness and fornication and the like, in which
the interest of souls is concerned, but not the interest of
public peace. Hocjubent imperatores quodjubet Christus ;
and it is a great service to Christ that the fear of men be
superadded ; because to wicked persons and such for whom
the severity of laws was made, it often prevails more than
the fear of God.
But that which is more than all this is, that besides those
things in which God hath declared his will, the things of
the Church, which are directly under no commandment of
God, are under the supreme power of Christian Princes. I
need no other testimony for this but the laws themselves
which they made, and to which Bishops and Priests were
obedient and professed that they ought to be so. And this
we find in the instance of divers Popes who in their epistles
gave command to their Clergy to observe such laws which
themselves had received from imperial edicts. For there

318 ON THE SUPREME [BP. TAYLOR.
are divers laws which are by Gratian thrust into his collec
tion which were the laws of Christian Princes. The Canon
Judicantem 13. q. 5., expressing the office of a Judge in the
cognisance of causes, attributed by Gratian to Pope Eleu
therius, was a law made by the Emperor Constantine, 1. 1.
Can. de Judic. Can. Theodos., and so was that which was attri
buted to Pope Fabian against accusers, Can. Si quis iratus ;
it is in the Theodosian Code and was made by the same
Prince. The Canons which go under the names of Sixtus"
and Adrian6 and Fabian0 before cited of the same title were
made by Gratian, the son of Valentinian thej Elder : who
also made the rescripts for restitution of Church goods
taken from Bishops when they were forced from their Sees,
attributed to Pope Caius and Pope John. Theodosius the
Emperor made the Canon Qui ratione for order in accu
sations3, which yet is attributed to Pope Damasus, but is in
the Theodosian Code : for thus the Popes easily became
lawgivers when they adopted into the Canon the laws of
their Princes, which by their authority prevailed beyond the
memory of their first makers. The Canon Consanguineos",
for separation of marriage within the prohibited degrees, was
not the Pope's, but made by Theodosius, as it is thought, at
the instance of St. Ambrose : and Valentinian made the
Canon Privilegia for confirmation of the privileges of the
Church, which goes under the name of Anacletus/ I could
reckon divers others, for indeed the volume of the Decrees
is full of such constitutions which the Christian Emperors
made, but they were either assumed by the Popes or imputed
to them. But that the Popes as Ecclesiastics had no autho
rity to make laws of Ecclesiastical affairs, but that the
Emperors had, was sufficiently acknowledged by Pope
Honorius. Imperator Justinianus decrevit ut Canones
patrum vim legum habere oporteat, " that the Canons of the
Fathers became a law in the Church, was by the constitution
of the Emperor Justinian." g For that was all the end both
of the labours of war and the counsels of peace, ut verum Dei
a Can. 3. q. 6. c 16, 17., et can. 2. q. d Can. 3. q. 9.
8- c. 4. • Can. 35. q. 6.
" Can. 2. q. 3. c. 3. f Can. 25. q. 2.
c Can. 3. q. 6. c. 1. s C. 1. Ext. De juram. calum.

BP. TAYLOR.] CIVIL POWER. 3J9
cultum orbis nostri plebs devota custodial, said Theodosius
and Honorius in their letters to Marcellinus : " that our
people may devoutly follow the true worship of God."
Upon this account we find that Constantine, Anastasius,
and Justinian made laws concerning the expence and rites of
sepulture. Gratian, Valentinian, and Theodosius forbade
dead corpses to be interred within the memorials of Martyrs
and Apostles. Honorius appointed the number of Deans in
the metropolis, and the immunities of every Church. Leo
and Anthemius forbade alienation of Church lands. But
what should I instance in particulars ? they that know not
this are wholly strangers to the civil law, particularly the
first book of the Code, the Authentics, the Capitulars of the
French Princes, the laws of "the Goths and Vandals, and
indeed of all the Christian Princes of the world. But the
first titles of the Code, De summd Trinitate et Fide Catho-
lica, De Sacrosanctis Ecclesiis, De Episcopis et Clericis,
De Episcopali Audientia, De Hcereticis, Manichceis, Sa-
maritis, De Apostatis, and divers others are witnesses be
yond exception. Now in this there is no exception of
matter. For whatsoever is under Government is also under
the laws of Princes : jU/qSsv dSaTov Io-tiv slg ^tyjo-iv tvj
$ao-thzia, said Justinian3, " nothing comes amiss to the
Prince, everything is under the royal cognisance." Constan
tine made laws concerning festivals, and appointed what
labours might and what might not be done upon the Lord's
day ; and so did Leo the Emperor. b Valentinian the Elder
made a law that no Clergyman should receive an inheritance
by the will or gift of widows and orphans, unless they were
of the kindred. St. Ambrose ° complains heavily of the law,
and so does St. Jerome d, but confesses it was just, and pro
cured by the avarice of some Clergymen, who, under cover
of religion, made a prey of the widows. But this decree
was sent to Pope Damasus, and publicly read in the Churches
of Rome. And Honorius the Emperor made a law concern
ing the election of the Pope. Which two last instances I
¦ Novel. 133. 8. c Epist. 31.
b C. de Feriis. lib. iii., et Cod. Theod. d Ep. 2. ad Nepotian.
de Fer. lib. i. Leo VI. Novel. 54.

320 ON THE SUPREME [BP. TAYLOR.
reckon to be very great, because at Rome now-a-days they are
intolerable. But if all these laws were made by Emperors only by
force, against right and justice, and beyond their just power,
then we are never the nearer for this argument : and that it
is so, Baronius is bold to affirm a, who upon this title blames
Justinian for meddling with the affairs of the Church : for
Quid Imperatori cum Ecclesia f " what hath the Emperor
to do with the Church ? " We know who said it. And
therefore a Synod at Rome under Symmachus abrogated a
law made by Basilius, a deputy of King Odoacer, in an
assembly of Ecclesiastical persons, in the vacancy of the See
Apostolic, upon the death of Simplicius. Now the law was
a good law, it forbade the alienation of the goods of the
Church ; yet because it was a law made by a laic, they
thought fit to annul it.
To these things I answer, that it matters not what Baro
nius says against Justinian, for Pope Hadrian IV., who is
much more to be credited, commends him, and propounds
him as a great example imitable by all Princes b : and it was
not Justinian alone, but very many other Princes, both be
fore aud after Justinian : and therefore to ask, What hath the
Emperor to do with the Church? might become Donatus
(whose saying it was, and whom St. Augustin ° confuted for
saying so), but it becomes not any man that loves truth and
order. As for the Roman Synod under Symmachus, the
matter was this. He would need make himself head of a
Synod without the Bishop (for he was lately dead), and
made a law with an anathema for the sanction, and would
have it pass, not for the law of the Prince, but for a law of
the Church ; which because the Ecclesiastics had no reason
to accept for such when it was not so, they did annul it :
talem legem viribus carere, nee posse inter Ecclesiastica ullo
inodo censer i, said Eulalius the Bishop of Syracuse in that
Synod. But that this makes nothing against the Prince's
power of making laws, appears by the great submission
which even the Bishops of Rome themselves made to the
4 Tom. vii. a.d. 541. c Epist. 166.
b Apud Radenon. in Frider. lib. i.
c. 15.

BP. TAYLOR.] CIVIL POWER. 321
imperial laws, even when they liked them, and when they
liked them not. I instanced before in Damasus causing the
law of Valentinian against Clergymen receiving inheritances
from widows to be read in all the Churches of Rome. Pope
Boniface consented to the law which Honorius the Emperor
made about the election of the Pope, and was so far from
repudiating an Ecclesiastical law made by the Prince, that
he entreated him to make it. But that which is most mate
rial to this inquiry is, the obedience of St. Gregory the Great
to Mauricius the Emperor a, who made a law that no soldier
should turn Monk without his leave. This St. Gregory
esteemed to be an impious law, he modestly admonished the
Emperor of the irreligion of it. But Maurice nevertheless
commanded him to publish the law. The good Bishop knew
his duty, obeyed the Prince, sent it up and down the Empire,
and gave this account of it : Utrobique quce debui exsolvi,
qui Imperatori obedientiam prcebui, et pro Deo quod sensi
minime tacui, " I have done both my duties, I have declared
my mind for God, and have paid my duty and obedience
to the Emperor." Legibus tuis ipsi quoque parent Re-
ligionis Antistites, said Pope Gelasius to Anastasius the
Emperor b, " even the Bishops, the ministers of religion, obey
thy laws." Now this is not for decency only, and upon pru
dent considerations, but upon necessity, and by the Divine
authority : cognoscentes Imperium tibi supernd dispositione
collatum, " as knowing that the Empire is given to thee by
God." And therefore the great Prelates of the Church,
when they desired a good law for the Church's advantage
should be made, they presently addressed themselves to the
Emperor, as to him who alone had the legislative power. I
have already instanced in Pope Boniface entreating Honorius
to make a law" concerning the election of the Pope. Sergius
also, Patriarch of Constantinople, petitioned the Emperor
Heraclius to publish a pragmatic sanction that no man should
be admitted into the Clergy but into a dead place. These
things are so plain, that I may justly use the words of the
Fathers of the Sixth Council of Toledo0, speaking of Chintil-
lanus their King : Nefas est in dubium deducere ejus po-
a Lib. ii. ind. 11. c. 61. c C. 14.
b Epist. 10.
vol. iii. \

322 ON THE SUPREME [BP. TAYLOR.
testatem cui omnium gubernatio superno constat delegata
judicio, " It is impiety to call in question his power, to
whom the government of all is certainly deputed by the
Divine judgment." I therefore conclude this particular with
the excellent words of Cardinal Cusanus : " It becomes not
any man to say that the most sacred Emperors, who, for the
good of the republic, did make many constitutions concerning
the election of Bishops, collation of benefices, observation of
religions, did err." Nay, we have read that the Pope of
Rome hath entreated them that they would publish laws con
cerning Divine worship, and for the public good, and against
sinners of the Clergy. And lest peradventure it be said
that the strength of all these constitutions did depend upon
the approbation of the authority apostolical or synodical (viz.
of the Pope or Council), I will insist upon this : although
(let me say this) I have read and collected fourscore and six
chapters of Ecclesiastical rules of the ancient Emperors,
which were to no purpose to insert here, and many other of
Charles the Great and his successors, in which many dispo
sitions or appointments are to be found concerning the Pope
of Rome, and all Patriarchs, and the conservation of Bishops
and others ; and yet I never read that ever any Pope was
asked to approve those laws, or if his approbation did inter
vene, that upon that account the laws did bind. But it is
read that some Popes of Rome have confessed that they had
those imperial laws in veneration. And this thing is so
true and so publicly known, that the French ambassadors
openly told it in the Council of Trent, that the Kings of
France, by the example of Constantine, Theodosius, Valen
tinian, Justinian, and other Christian Emperors, made many
laws concerning holy things, and that these did not only not
displease the Roman Bishops, but they put many of them
into their Canons : that the chiefest authors of these laws,
Charles the Great and Lewis IX., they thought worthy to
be canonised and declared Saints, and that the Bishops of
France and the whole order Ecclesiastical have piously ruled
and governed the Gallican Chuich by the prescript of those
Ecclesiastical laws which their Kings had made.
a Lib. ii. Cath. Concord. t. 40.

P.TAYLOR.] CIVIL POWER. 323

Rule VI.
The Supreme Civil Power hath a Power of Coercion of
every Person in the whole Order Ecclesiastical.
He that says all must be subject need not instance in par
ticulars, and say that Titius and Sempronius and the village
Curate, and the Bishop of the diocese must be subject.
But yet, because of the pretences of some, the Fathers of the
Church have found it necessary to say that even Eccle
siastics must be subject ; and that they are a part of the all.
So St. Chrystome", explicating the words of St. Paul, saith,
" But Paul gives us those reasons which command us of
duty to obey the powers ; showing that these things are
commanded to all, not to seculars only, but to Priests and
Monks : which he shows in the very beginning, when he
saith, 'Let every soul be subject to the supereminent powers ; '
although thou be an Apostle, or an Evangelist, or a Pro
phet, for this obedience or subjection, be sure, will not
destroy thy piety." That St. Chrysostome here speaks of
secular powers is evident in the whole homily, and it ap
pears also in the words here reported ; for he says that even
an Apostle must be subject, who, because he hath no supe
rior Ecclesiastical, must be subject, if at all, to the secular
or supreme civil power. And this place is so understood
by St. Irenaeus, lib. i. cap. 24., St. Basil, in Constit. Monast.
cap. 22., St. Ambrose upon this place, and St. Augustin,
Lib. de Catech. Rud. c. 21., and contr. Parmen. lib. i.
cap. 7-, who expressly derides those that expound the higher
powers of St. Paul by Ecclesiastical honours.
But this thing is evident by notoriety of fact. Theodoret
tells of Eusebius Bishop of Samosata", that when the Im
perial edict of banishing him from his See, and sending him
into Thrace, was brought by a messenger in the twilight,
he charged him to say nothing, lest the people should tear
the officer in pieces. But the Bishop, according to his
custom, went to evening prayer ; and then, with one servant,
with a book and a pillow, went to the water side, took a
a Homil. 23. in Epist. ad Rom. b Hist. lib. iv. c. 15.
y 2

324 ON THE SUPREME [BP. TAYLOR.
boat and passed over to Zeugma. The people having soon
missed their Bishop, followed him, found him out, would
fain have brought him back ; but he refused, and told them
it was the precept of the Apostle to be obedient to the higher
powers : and upon that he rested, and they returned. And
the same was the submission, and the same was the reason
of St. Athanasius, as appears in his Apology to Constantius,
the Arian Emperor3 ; and the same subjection was pro
fessed by Justin Martyr to Antoninus the Emperor : Nos
solum Deum adoramus, et vobis in rebus aliis Iceti in-
servimus, Imperatores ac Principes hominum profitentes,
" We only worship God, in other things we cheerfully
serve you, as professing you to be Emperors and the Princes
of mankind." Ego quidem jussioni subjectus, said St. Gre
gory to Mauricius, "I am subject to command:" and then
it is certain he was subject to punishment in case he dis
obeyed the command. Ad hoc potestas super omnes ho
mines Dominorum meorum pietati coelitus data est, he had
no more immunity than any man else, " for from Heaven
a power is given to the Prince over all men." The effect
of this instance and these words of Gregory is acknowledged
by Espencseus, Gregorius Magnus agnoscebat Imperatoribus
concessum est dominari Sacerdotibus, " Gregory the Great
acknowledged that to the Emperors it was granted to rule
over the Priests." And the same was affirmed by Pope
Honorius, Sancta Ecclesia legum scecularium non respuit
famulatum quce cequitatis et justitia? vestigia imitantur,
" the Holy Church refuses not to obey secular laws that are
equal and just." b
But I undertook to evidence the truth of this rule by
matter of fact and authentic precedents. Constantine re
ceived the libels which the Bishops at Nice had prepared
one against another.0 He told them, indeed, that it was
more fit for them to judge him, than he them, and there
fore he burned the papers ; but this signified nothing, but
that it was a shame to them whose office was to reprove all
a Apolog. 2. titut. c. Authoritate, de Concess. prab.
b Epist. ad Mauritium. Comm. in in 6,
Tit. 1. de Privileg. c. Super specula, c. <= Vide Athan. de Synod. Socrat. lib.
Innotuit, de Arbitr. c. 1. de No. Oper. i. c. 25. Sozom. lib. ii. c. 28.
Nunc. c. Constitutus de. In integr. res-

BP. TAYLOR.] CIVIL POWER. 325
sinners to accuse one another of crimes before their Prince.
But that this was nothing but a modest redargution of them
appears, because he did upon their condemnation of Arius
banish him, and recalled him without their absolution of
him.a He banished Eusebius and Theognis, whom the
Council had deposed6, and took cognisance of the cause
between Athanasius and the Bishops his accusers ° ; that it
might appear what he had said to the Prelates at Nice was
but a modest reproof or a civil compliment, for it was pro-
testatio contra factum. If he said that, he said one thing
and did another. His son Constantius caused Stephen,
Bishop of Antioch, to be convened in the palace upon the
law De vi publico and the Lex Cornelia de sicariis. His lay
judges heard him, found him guilty, and commanded the
Bishops to depose him from his bishopric and expel him
out of the Church. His brother Constans heard Narcissus
of Cilicia, Marcus the Syrian, Theodore of Thrace, and
Maris of Chalcedon against Athanasius and Paul Bishop of
Constantinople. Valentinian the Emperor set a fine upon
the head of Chronopius the Bishop, and inflicted divers
punishments upon the Bishops Ursicinus, Ruffus, Ursus,
and Gaudentius for making schisms to the disturbance of
the public peace. d Gratian the Emperor deposed Instantius,
Salvianus, and Priscillian from their bishoprics and bauished
tbem, and afterwards recalled them. Arcadius the Em
peror heard St. Chrysostome's cause, and banished him0 ; and
Pope Innocent, who found fault because he gave wrong
judgment, yet blamed him not for usurping of a right to
judge him. Theodosius the younger imprisoned Bishop
Memnon and St Cyril of Alexandria. Indeed, the Prince
was misinformed by John of Antioch ; but when by the
great Ephesian Council he was rightly instructed, he con
demned John of Antioch, and afterwards released the two
Bishops at the great and passionate petition and importunity
of the Council of Ephesus/ And when Ibas, Bishop of
a Theodor. lib. i. t. 20. f Vestra pia genua protensis manibus
b Ibid. c. 31. attingimus  Anastas. Biblioth. in Sym-
c Athan. Apol. 2. macho. Epist. Hormisda;, 56, 57. Novel.
d Socrat. lib. ii. c. 14. Sozom. lib. iii. 42., et ponitur in Concil. Gen. 5. act. 1.
c. 9 , lib. ii. Quorum appel. Cod. Theod. Liberatus in Breviar. c. 22.
e Socrat. lib. vi. c. 16.

326 ON THE SUPREME [BP. TAYLOR
Edessa, had excommunicated some Priests of his diocese,
they appealed to the Emperor and were heard. Theodoric,
King of Italy, received accusations against Pope Symmachus,
and sent Altinus a Bishop to be the visitor of that See, and
afterwards remitted the matter to a Synod. Justinus the
Emperor gave judgment upon Dorotheus Bishop of Thessa-
lonica for sedition and homicide. Justinian banished Julian,
the Bishop of Halicarnassus, Severus, Bishop of Antioch,
Peter of Apamea, and Zoaras a Priest : but he also judged
the cause of Pope Sylverius for certain treasonable letters ;
and recalled him from banishment, but so that he should
not be restored to his See unless he were found innocent of
the accusation.
I could reckon very many more instances to the same
purpose, but these are as good as more, especially being but
particulars of that power and just consequence of that
authority which I have proved by the laws of God and the
confessions of the Church to be inherent in the supreme
power. I sum up this with the words of Balsamo a : — Quia
statutum est nullum per alium injuria ajficiendum, ipse
Patnarcha ab Imperatore, qui Ecclesice habet ptotestatis
scientiam, judicabitur forte ut sacrilegus, vel male de fide
sentiens, vel alien jus criminis reus : hoc enim judicialiter
actum vidimus diversis temporibus, " Because it is com
manded that one man should not injure another, the Patriarch
himself shall be judged of the Emperor, who hath cogni
sance over the power of the Church peradventure for sacri
lege, or for heresy, or for the guilt of any other crime ; for
we have divers times seen such judicial processes." And to
the same purpose the seventh Canon of the first Council of
Matiscon subjects the Clergy to the secular Judge in the
causes of theft, witchcraft, and murder : and the Council of
Toledo, which is cited Can. filiis 16. q. 7., does the like in
the matter of robbery or cozenage ; for either Clergymen are
not subjects, or they are bound by the laws of their Prince.
If they be not subjects, how come they free ? If they be
subjects, where is their privilege ? Or is the spiritual calling
of a nature so desperate, and estranged from the Common-
* Ad Can. 12. Syn. Antioch.

BP. TAYLOR.] CIVIL POWER. 327
wealth, that it is no part of it ? or is it better than the
secular ? The questions are worthv inquiring after ; but the
decision of them will take off many prejudices from this great
measure of conscience, concernincr the fountain of human
laws and judicatories.
But upon a closer view of the particulars, it will be found
that the whole matter is a mistake, — a false consequence
drawn from a true estimate of reli°^on ; for all men grant
that religion is the greatest excellency? that our souls are the
biggest interest, that all our wealth is best employed when it
is spent in God's service, that all things must yield to our
duty to God. These are all verv true, as every thing else is
when it is truly understood ; but what then ? Therefore the
ministers of religion are to be preferred before the ministers
of policy ? Well, suppose that, for it is true that every
thing is best in its own place and time. But what ? There
fore the ministers of religion are superior to Princes, whose
government and care, whose office and employment, is merely
temporal. That will not follow ; nor this, Therefore the mi
nisters of religion are in all things better ; nor this, There
fore they are in nothing inferior ; nor this, Therefore they
are not subject to civil government and civil punishments.
But these things must be considered apart.

Question I.
In what sense the Sen-ice of God is tu te preferred before every
thing else.
To this I answer, 1. That if the service of God be taken
m a sense opposed to any other thing which is not the service
of God, there is no peradventure but it is to be preferred
before everv thing ; for the question is no more than this,
whether we ought to serve God, or not to serve him. For
if that which is not God's service comes in competition with
that which is, if the first be preferred, God is directly

2. If by the service of God is meant the virtue of reli
gion, expressed in external action, as saying our prayers,

T 4

328 ON THE. SUPREME [BP. TAYLOR.
receiving the holy sacrament, visiting churches, sitting at
the memorials of martyrs, contemplation, fasting, silence,
solitude, and the like, then it is as certain that the service of
God in this sense is to be preferred before many things, but
not before all things ; not before many things of our ordinary
life, not before many things of civil society. For to keep a
holyday is a part of the service of God, but not to be pre
ferred before bodily labour in our trade, if that labour be
necessary for the feeding our family with daily bread. Con
templation is an excellent part of the Divine service ; but
charitable actions are more useful. To hear a good sermon
is good ; but to snatch even an ox out of a pit is to be pre-
ferred before it. This our blessed Saviour taught us in
those excellent words, " I will have mercy and not sacrifice."
For not only the precise virtue of religion is the Divine
service, though by propriety it hath obtained the name, but
the doing all our duties, the works of our calling, all chari
table ministries, all useful trades, all the graces of the spirit
expressed in actions and obedience, is the service of God, and
of one it cannot be said it is better than another, for they
shall be required in their season ; for,
3. It is one thing to inquire which is in itself more excel
lent, and another thing to ask which are to choose ; one thing
to say this is to be preferred in estimation, and another to
say this is to be preferred in practice. Ecstasies and rap
tures and conversing with blessed spirits are certainly actions
and passions respectively of greater eminency than dressing
the sores of poor boys in hospitals ; and yet he that does
this, serves Christ and does good, while he that follows after
the others may fall into the delusions of the Devil. That
which is best in itself is not best for me ; it is best for the
best state, but not for the state of men who dwell in imper
fection. Strong meat is better than milk, but this is best
for babes ; and therefore he would but ill consult to the good
of his child who, because it is a princely boy, would feed him
with beef and venison, wild boar, and the juice of great
fishes. Certainly a jewel is better than a piece of frieze ;
and gold is a more noble and perfect substance than barley ;
and yet frieze and barley do in their season more good than
gold and jewels, and are therefore much more eligible ; for

BP. TAYLOR.] CIVIL POWER. 329
every thing is to be accounted of in its own place and scene
of eminency : the eye loves one best, and the tongue and
palate, the throat and stomach, love the other. But the
understanding, which considers both, gives the value accord
ing to the degree of usefulness, and to the end of its
ministry. Now, though our understanding can consider
things in their own perfections, and proportion honour and
value to them, yet that which is better than honour, love, and
desire, union and fruition are due to those things most which
it may be we honour least ; and therefore there are some
parts of the service of God which are like meat and clothes,
and some which are like gold and jewels ; we value and
admire these, but we are to choose the other ; that is, we
prefer one in discourse, and the other in use, — we give
better words to one, and better usages to the other ; and
therefore those parts of the Divine service which are most
necessary, and do most good to mankind, are to be chosen
before those that look more splendidly, and in themselves
import more perfection. The foundation of a house is better
than the roof, though the roof be gilded ; and fhat part of
the service of God which serves the needs of mankind most,
is to be chosen before those which adorn him better : so that
actions of high and precise religion may be the excellencies
and perfections of a human soul ; but the offices of civil
governors, their keeping men in peace and justice, their
affrighting them from vile impieties, may do much more good
to mankind, and more glory to God in the whole event of
things. 4. But, then, if it be inquired whether is better, prayers
or government, a pulpit or a court of judicature, I am to
answer that they are both best in their time. The pulpit
rules on Sundays, the court of judicature all the week after.
The pulpit guides the court, and the court gives laws to the
pulpit. The pulpit gives counsel to this, and this gives com
mands to that. But there is this difference, if the pulpit
says amiss, we are not bound by it ; but if the court judges
ill, we may complain, but we must submit. But then to
inquire which is better, when they are both the servants of
God, is to make a faction in the house of unity ; and as
there can be no good end served in it, so there can be no

330 ON THE SUPREME [BP. TAYLOR.
good ground of reason or revelation by which it can be
determined. 5. If the question at last be, whether is to be preferred,
the service of God, that is, an act of religion, or an act of
civil life, I answer, that ordinarily religion is to be preferred,
when there can be a question reasonably asked which is to be
chosen ; that is, if it be indifferent as to the person, there is
no indifference in the thing ; for the religious act does more
honour to God and more good to us ; but it is because that
where our life and time is empty of other duties, then and
there is the time and proper season of religion ; but if it be
not indifferent to the man, but an act of life or civil calling
be in its season and appointment, then this is to be preferred
before that.
6. Lastly, it is to be observed, that there are seasons
ordinary and extraordinary in our services of God. Every
thing in its season is to be preferred ; and therefore upon
festivals we are to go to Church and to public offices, upon
other days to follow the works of our calling, and so prefer
both in their time ; but sometimes these ordinary seasons are
invaded by extraordinary necessities, and then that must
prevail which is most necessary in its season, and the other
must give place. Now, because this happens often in the
needs of our life, and not very often in the needs of religion,
therefore in cases of natural or political necessities, the things
of the Commonwealth are to be preferred before the things
of the Church ; that is, the service of God in charity, before
the service of God in the virtue of external religion ; and
the reason is, because this can stay, and the other cannot ;
and this can be supplied with the internal, that is, the religion
of the heart, but that cannot be supplied with the charity of
the heart.

Question II.
Winch are to be preferred, and which are better, things Spiritual
or things Temporal?
To this the patrons of Ecclesiastical monarchy give a
ready answer out of St. Gregory Nazianzen, speaking to the

BP. TAYLOR.] CIVIL POWER. 331
presidents.1 Nam vos quoque potestati mece meisque sub-
selliis lex Christi subjicit. Imperium enim ipsi quoque
gerimus, addo etiam prcsstantius ac perfectius ; nisi vero
cequum est spiritum carni fasces submittere, et ccelestia ter-
renis cedere, " The law of Christ hath subjected you also
that are civil magistrates to my chair. For we also have an
empire, yea a better and more perfect than yours, unless it
be reasonable that the spirit should submit to the flesh, and
heavenly things give place to earthly." For temporal things
belong to the body, and spiritual things to the soul ; by how
much therefore the soul is above the body, by so much
spiritual things are above the temporal. For a temporal end
is and ought to be subordinate to a spiritual, because tem
poral felicity is not the last end of man, but spiritual and
eternal ; this therefore being the greatest, ought to be
ministered to by the cession of the temporal.
To this I answer, that temporal things ought to yield to
spiritual, if by spiritual things be meant the glory of God,
and the good of souls, but not to every thing that is spiritual.
For though it be a spiritual employment to serve God in the
communion of Saints, and the life of a man be a temporal
thing, yet a man is not bound to lose his life to go to public
churches, but for his own soul's salvation, for the promotion
of religion and the honour of God he is. A. man is very
much better than a beast, yet the life of a beast is better
than the superfluous hair of a man's beard. The honour
and reverent usage of Churches is a spiritual concern and a
matter of religion ; and yet when an army is hard put to it,
they may defend themselves by the walls and strength, and
preserve their lives with an usage of the Church, which was
never intended by the patron that built it, or the Bishop that
consecrated it. When temporal life and eternal are com
pared, when the honour of God or the advantage of a man
are set in opposition, when the salvation of a soul and the
profit of trade are confronted, there is no peradventure but
the temporal must give way to the spiritual. But when
a temporal necessity and a spiritual advantage are com
pared, the advantage in the nature of the thing is over-
" Orat. 1 5. ad subd. tim. percul.

332 ON THE SUPREME [BP. TAYLOR,
balanced by the degree of the necessity, and the greatness oi
the end ; and it is better to sell the chalices of the Church,
and minister to religion in glass or wood, than to suffer a
man to starve at the foot of the altar. The consequent of
this consideration is this, that although spiritual things are
better than temporal, yet not every thing of spiritual nature
or relation is to be preferred before all temporals.
2. Another consideration is this, that there is difference
also in the degrees and measures of cession or yielding.
Temporal things must yield, that is, we must so order our
affairs that by them we serve God ; our money must go
forth in justice and charity, our time must yield up portions
to religion, our persons must decline no labour for God's
service, and if ever there comes a contest between our duty
and our profit, or our ease, or our advantage, we must by
the loss of these secure our gains and our interest in that.
But this preferment of one before another does not consist in
giving to one secular advantages before the other, temporal
honours, and precedences in processions, in escutcheons and
achievements, but in doing the duty of that which is incum
bent, and making the other minister to that which is more
necessary. He that prefers religion before the world is not
tied to bestow more money upon his chapel than upon his
house. If God had chosen him one place of residence, and
a temple for his house and for the religion of the nation, as
he did among the Jews, there had been a great decency and
duty of doing so upon many accounts ; for then the question
had been between religion and irreligion, zeal and contempt,
love of God and neglect ; and then the determination had
been easy. But now, since the whole end of internal religion
can be served by giving to places of religion that adornment
which may make the ministries decent and fitted, and of
advantage ; beyond this, when we come to a dispute be
tween that which is in order to a spiritual end, and that
which serves a temporal, more things are to come into con
sideration besides the dignity of the relation.
3. For it is yet further to be observed, that when it is
said that all temporal things are subordinate to our spiritual
ends, the meaning is, that all the actions of our life, all that
we are, all that we have, must be directed actually or habi-

BP. TAYLOR.] CIVIL POWER. 338
tually to the great end of man, the glorification of God and
the salvation of our souls, because God hath ordained this
whole life in order to that ; and therefore in the generality
it is true that all temporal things are to minister to spiritual.
But then this is to be added, that temporal things are not
ordained to minister to spiritual intermedial things, such, I
mean, which are not directly and in circumstances necessary.
I must serve God with my substance, therefore I must by
my substance contribute to the just and appointed ministries
of religion ; but it does not follow, that if the Church mul
tiply Priests unnecessarily, and God hath multiplied my
children naturally, that therefore I must let my children
want to feed the numerous company of them that can minister
spiritual things. The whole is subordinate to the whole,
that is, all our temporalities are given us to serve God with :
but then they are given us also to serve our own needs that
we may serve God ; but they are not any other ways sub
ordinate, but to enable us to serve him, not to serve the
particular spiritual end, unless it be by accident, that is, not
unless we cannot serve God without it.
¦4. For temporal things and spiritual things have both the
same supernatural end, that is, God's glory and eternal
felicity. And sometimes they severally tend to this end,
and then they are to go their own ways, and not to minister
and be subordinate to each other. But sometimes they are
to combine and to co-operate, and then temporal things must
serve spiritual, and spiritual must serve the temporal. For
example : The temporal or Civil power hath for its end
public tranquillity, that men may serve God in all godliness
and honesty. The Ecclesiastical power hath the same end :
ispaxruvT] xa\ 0acr»A£(a eig %v hpcvtori Tzhog, tcov x>7ft\xocav
crmTrjplav, said Isidore Pelusiot. I shall not now consider
the whole effect of this truth, but in order to the present say,
that since both temporal and spiritual things minister to the
same end, that is, salvation of" mankind, they are distinct
methods or instruments to that end, and of themselves are
not in subordination to one another ; but as temporal things
must serve spiritual when there is need, so must spiritual
serve the temporal when they require it : the temporal
power must defend religion, and religion must minister to

334 ON THE SUPREME [BP. TAYLOR.
the public peace. The Prince must give advantages to the
ministers of religion ; and the ministers of religion must
pray for the Prince's armies, his prosperity, his honour, and
by preachings and holy arts must give bridles to the subjects,
keeping them in duty by the means of conscience. The
Prince by laws and fear makes men just and temperate,
chaste and peaceable : the Priest does but the same thing
by the word of his proper ministry. He that does it most
effectually is the most happy ; but he that will go about to
compare which does it most, and therefore is to be preferred,
shall then hope to do it prosperously when he can tell which
' side of the equinoctial hath most stars, or whether have most
drops of water, the northern or the southern seas. The
sum of this consideration is this, that although temporal
things in their latitude are to serve spiritual ends, meaning
the great end of the perfection of our spirits, yet so must
the intermedial spiritual things serve the same great end;
but the intermedial temporal and the intermedial spiritual
are not subordinate to one another, unless it be by accident,
and that may and often does happen on either side.
But I must add one thing more for explication, and that
is, that though all things in the world are to minister to the
great end of souls, and consequently are subordinate to that
great end, yet it is (that I may use St. Paul's expression
in another case) " by reason of him that hath put all things
under it : " for this subordination is not natural, or by the
nature of the thing, but by the wise economy and dispo
sition of God, who, having appointed that all things shall
" be sanctified by the word of God and prayer," that natural
powers shall be heightened by grace and shall pass into
supernatural, and this world into another, hath by his own
positive order disposed of temporal things and powers beyond
their own intention. But otherwise, temporal things have
an ultimate end of their own, terminating all their natural
intention and design. Thus the end of the mariner's art is
not the salvation of the souls of them that sail with him, but
the safe landing of their persons and goods at the port ;
and he that makes statutes hath for his end a perfect image.
Indeed the man may have another end, to get reputation,
to maintain his family, to breed up his children " in the

BP. TAYLOR.] CIVIL POWER. 335
nurture and admonition of the Lord," and at last the salva
tion of his own soul, by doing things honest and profitable :
but though these may be the ends of the man, yet they are
not the ends of his art ; and therefore his art hath no
natural subordination, because it hath no natural order to
eternal salvation. And this is the case of many temporal
things, especially arts, offices, intercourses, and govern
ments. Therefore supposing all that is said in the objection,
that temporal felicity is not the last end of man, but spiritual
and eternal, yet though it be not the end of a man, it may
be the end of human government ; and by not being in a
natural order to spiritual ends, though spiritual be a better
thing, yet it follows not that it ought to take place of that,
upon the account of its being better in another kind. The
body indeed is subordinate to the soul, because it hath all its
motion and operation and life from the soul, and in a natural
conjunction and essential union is its appointed instrument :
but temporal things and spiritual are not so conjoined, and
do not naturally, but by accident minister to each other ;
and therefore are made subject to each other alternately,
when they are called to such accidental or supernatural
ministrations.

Question III.
Whether are to be preferred, Spiritual or Temporal persons.
How Spiritual things are to be preferred before Temporal I
have already accounted ; but it is a consideration distinct from
that, whether Spiritual persons be to be preferred before Tem
poral. For from things to persons it will not follow : and
he that hath a better art is not always the better man ; and
he that is employed in the best concernments, hath not
always the advantage of profession. There was a time in
Rome when the physicians were but servants, and had not
the liberty of Romans ; but certainly it is a better trade
than fighting : and yet then the soldiers were accounted the
greater men. Herod the sophister had a son that was a fool,
and could never learn the alphabet, but he had twenty-two
slaves that were wise fellows ; but the master was the better

336 ON THE SUPREME [BP. TAYLOR.
man. But when ihe question is concerning the honour and
dignity of persons, we are to remember that honor est in
honorante : many men deserve honour that have the least of
it, and it is as it is put upon us by others. To be honoured is
to have something put to them, it is nothing of their own.
Therefore in this question there are two things to be asked :
the one is, what spiritual persons deserve ; the other is what
is given them. They may deserve more than they have, or
they may have more than they deserve ; but whether either
or neither happens, he that honours himself, his honour is
nothing ; but he is honourable whom God or the King
honours : and therefore spiritual persons ought to receive
much, but to challenge none ; and above all things ought not
to enter into comparison with them from whom all temporal
honour is derived. But when the question is concerning the
prelation of secular or ecclesiastical persons, the best answer
is given to it, when they strive to prefer one another in
giving honour to each other. But I remember that the
Legates at Trent were horribly put to it to place the orators
of the Kings of France and Spain, who would both go first :
they at last found an expedient, and they did both go first,
and both were preferred in several positions. So is the
spiritual person and the civil, they are both best, but the
honour of one is temporal, and the honour of the other is
spiritual ; or rather, one is properly called honour, and the
other, reverence. Honour the King, reverence his Priests.
But this question is not properly a question of right, but of
duty : and the spiritual man must not call for it, but the
other must pay it. And it is something, a sad consideration
to think that all the questions of the preference and com
parison of spiritual and temporal persons do end in covetous-
ness and ambition, to which spiritual eminency, let it be
never so great, was never intended to minister. For the
honour due to spiritual persons for their spiritual relation is
a spiritual honour, and that though it be never so great can
not well be compared with temporal ; for it. is a great honour
in another kind : but whatsoever temporal honours are given
to them, are then well given when they are done in love to
religion ; and are then well taken when the advantage passes
on to the good of souls, and does not sully the spiritual man

BP. TAYLOR.] CIVIL POWER. 337
with spiritual pride, or temporal vanity. Socrates com
plains that the Bishops of Alexandria and of Rome were
fallen into empire, or dominion. That is none of the pre
ference proper to a spiritual man. He is then honoured,
when his person is had in reverend and venerable esteem,
when his counsel is asked, when his example is observed and
followed, when he is defended by laws and Princes, when he
is rescued from beggary and contempt, when he is enabled
to do his duty with advantages, when he can verify his eccle
siastical power, when he can vindicate religion from oppres
sion, and lastly, when his person, which is the relative of
religion, receives those advantages which as a man he needs,
and which can adorn him as such a man. But if he disputes
for any other honour, so much is his due as is given him by
Christian Princes or Commonwealths, and no more ; and he
will gain the more by making no further question. Christ
gave his Apostles power abundantly, but the greatest honour
he gave them was to suffer for his name ; and of this he
promised they should want nothing : but when Kings became
nursing fathers of the Church, and she sucked the breast of
Queens and princely women, then the spiritual persons and
guides of souls had temporal honours heaped on them, as the
offerings were made for the tabernacle more than wras suf
ficient. For it quickly rose into excess, and then the persons
of the Prelates fell into secular affections, and grew hated,
and envied, and opposed. Ammianus Marcellinus, giving
an account of that horrible sedition raised in Rome in the
contest between Damasus and Ursicinus, about the Papacy,
says he wonders not that the Prelates did so earnestly con
tend for the Bishopric of Rome, cum id adepti, futuri sint
ita securi, ut ditentur oblationibus matronarum, proce-
dantque vehiculis insidentes, circumspect^ vestiti, epulas
curantes profusas, adeo ut eorum convivia regales superent
mensas, " because when they have obtained it they are safe
and warm, full with the oblations of the good women, and
are carried in their coaches, and are neatly habited, and
splendidly feasted, and themselves keep tables beyond the
profuseness of Kings." Now, although Bishops are men,
and religion itself is served by men who have bodies and
secular apprehensions, and therefore does need secular ad-
VOL. Ill, z

338 ON THE SUPREME [BP. TAYLOR,
vantages, yet this belongs to them as men, not as spiritual.
It is just as if you should call the general of an army holy
Father, and beg his blessing, and set him in the chiefest
place of the choir, and pray him to preach on the greatest
festivals of the year, and run in multitudes to hear him speak.
These are the proper honours of spiritual persons ; and the
splendour of the world is the appendage of secular achieve
ments : whatsoever is necessary for their persons in order to
the advantages of religion is very fit to be given by Princes to
the Bishops, who will certainly modestly entertain it, and by
pious conduct transfer it to the glory of Christ and the good
of souls. But this is none of the honour that Christ in
vested their holy order with : they have an honour and a
blessedness which none but themselves can take from them.
The rosary of Christian graces is the tiara of their head, and
their office is their dignity, and humility is their splendour,
and zeal is their conquest, and patience is their eminence, and
they are made illustrious by bringing peace, and promoting
holiness, and comforting the afflicted, and relieving the poor,
and making men and women useful to the public, and chari
table in their ministries, and wise unto salvation. This is
that which was spoken by God in the Prophet Isaiah, " Since
thou wast precious in my sight thou hast been honourable."3
And this was observed by the Pagan, who, being surprised
with the secular splendour of the Roman Bishops, liked it
not, but said that there was another way for them to be truly
happy : Esse poterant beati revera, si magnitudine urbis
despectd quam vitiis opponunt, ad imitationem antistitum
quorundam provincialium viverent, quos tenuitas edendi
potandique parcissime, vilitas etiam indumentorum, et super-
cilia humum spectantia, perpetuo Numini verisque ejus cul-
toribus ut puros commendant et verecundos. They are the
words of Ammianus Marcellinus whom I lately mentioned.
The Roman Bishops might indeed be truly happy, if they,
despising the splendours of the city, would live as some
Bishops in the provinces, whom their temperate and spare
diet, their plain habit and their humble carriage, represent to
God and all God's servants as persons pure and modest.
a Isa. xliii.

BP. TAYLOR.] CIVIL POWER. 339
But then, if this discourse have anything of reason, piety, or
truth in it, it must needs be infinitely certain that spiritual
persons are to be preferred before the temporal in spiritual
honours, but not in temporal regards ; they have nothing to
do with them by virtue of their order or their office : what
they have to their persons by the favour of Princes and
nobles is of another consideration, and so this question is
changed into an advice, and best ends in a sermon or
declamation.

Question IV.
Whether the eminency of the Spiritual calling, and the consequent
prelation of Spiritual persons, can exempt them from Secular
coercion, and make them superior to Princes.
In what senses Bishops have any superiority over Princes
I shall afterwards explain : now the question is concerning
secular superiority, and immunity from the temporal sword
of Princes. Now to this, I suppose, what I have already
said may be able to give an answer. For the Spiritual order
gives no temporal power at all ; and therefore, if all Tem
poral power be in the supreme civil magistrate, all men
that can deserve to feel the edge of the sword are subject
to it. For what ? Had Archimedes reason to take it ill of
the Romans for not sending for him and making him gene
ral in the Syracusan war, because he was a better geometri
cian than any of all their senate ? Lewis XI. of France had
a servant who was an excellent surgeon, and an excellent
barber, and dressed his gout tenderly, and had the ordering
of his feet and his face, and did him many good offices. But
the wise Prince was too fond when for these qualities he
made him governor of his councils. Every good quality,
and every eminence of art, and every worthy employment
hath an end and design of its own, and that end and the
proportions to it are to be the measure of the usage of those
persons which are appointed to minister to it. Now it is
certain that spiritual persons are appointed ministers of the
best and most perfective end of mankind ; but to say that
this gives them a title to other ministries which are ap-
z 2

340 on the supreme [bp. taylor.
pointed to other ends, hath as little in it of reason as it hath
of revelation. But I shall not dispute this over again, but
shall suppose it sufficient to add those authorities which must
needs be competent in this affair, as being of Ecclesiastic
persons, who had no reason, nor were they willing, to despise
their own just advantages, any more than to usurp what was
unjust. When Origen complained of the fastuousness and vanity
of some Ecclesiastics in his time, they were bad enough, but
had not come to a pretence of ruling over Kings upon the
stock of Spiritual prelation : but he was troubled that some
had quitted their proper excellency, consisting in the multitude
of spiritual gifts, their unwearied diligence in the care of
souls, their dangers ; their patience, their humility, and
their dying for Christ. Et hcec nos docet sermo Divinus,
saith he, " The word of God teaches us these things. But
we, either not understanding the Divine will set down in
Scriptures, or despising what Christ to such purposes re
commended to us, are such that we seem to exceed the pride
even of the evil Princes of the world ; and we do not only
seek for guards to go before us like Kings, but are terrible
to the poor, and of difficult access, and behave ourselves to
wards those who address themselves to intercede for some
thing or some person, that we are more cruel than tyrants,
arid the secular lords of their subjects. And in some
Churches you may see (especially in the Churches of the
greatest cities) the chief of the Christian people neither
affable to others, nor suffering others to be free in their inter
courses with them." These things are out of the way of
the Ecclesiastics, for these things cannot consist with piety
and humility, and the proper employments of such persons
who gained the world by cession, and got victory over whole
kingdoms by trampling upon devils, and being trampled
upon by men. Bishops should be like the symbols of the
blessed Sacrament, which although for the ornament of re
ligion and for our sakes, and because we would fain have
opportunity to signify our love to Christ, we minister in
silver and gold, yet the symbols themselves remain the same
plain and pure bread and wine, and altered only by prayers,
and by spiritual consecration, and a relative holiness. But

BP. TAYLOR.] CIVIL POWER. 341
he were a strange superstitious fool who, because the Sacra
mental bread and wine are much better than all the tables
and viands of Princes and all the spoils of Nature, will think
it fit to mingle sugar and the choicest spices of Arabia with
the bread, and ambergris, and powder of pearl, and the
spirit of gold with the chalice. These are no fit honours to
the Holy Sacrament ; the symbols of which are spoiled
when they are forced off from the simplicity and purity of
their institution and design. So it is with spiritual persons ;
their office is spiritual, and their relation is holy, and their
honours are symbolical. For their own sakes, Princes and
good people must cause decent and honourable ministries
and accommodations to be provided for them ; but still they
must remain in their own humility, and meekness, and piety,
and not pretend to dignities heterogenial, and eminences
secular, because their spiritual employment is very excellent.
It was St. Gregory Nazianzen's wish, that there were in
the Church [nrfe 7rposdpla jU.7j§e Tig 7rpoTlfj.rjcrig xa) Tupavvtxr)
ivpovo[>.[a, iV s£ dpsT7}g pi.0V7)g kyiva>crxo[x.sSa, " neither prece
dency of Episcopal Sees, nor any eminency of one place
above another, nor any tyrannical or pompous provisions and
solemnities, that we might be distinguished only by our
virtue." a Now if prelation by order and Ecclesiastical econo-
nomy amongst the Bishops were of so ill effect, so little
necessary, and so greatly inconvenient, that the good Bishop
wished there was no such thing ; there is little reason to
doubt, but he would have infinitely condemned all pretensions
of a power over civil governments. But the Bishops of
Rome were not at that time gone so far. The Archiman
drites of Constantinople, complaining against the Eutychians,
write to Pope Agapetus, that if they be still permitted, licenter
omnia accident, non contra Ecclesiasticos solos, sed etiam
contra ipsum piissimum Imperatorem, nostrum et vestrum
honorabile caput, " they will do insolencies not only to the
Ecclesiastics, but also to our most pious Emperor, who is the
honourable head both of you and us." b This power of head
ship or supremacy over the whole order Ecclesiastical was
acknowledged in the Church for about a thousand years ; for
a Orat. post reditum. b In 5 Synod, act. 1. torn. ii. Concil,
z 3

342 ON THE SUPREME [BP. TAYLOR
besides the apparent practice and approbation of it which
I brought in the former pages, we find that the Emperor
Henry II. did deprive Widgerus of the Archbishopric of
Ravenna, and deposed Gregory VI. from the Papacy.1
And therefore, we find that those ancient Prelates that
called upon Princes to pay reverence to them, and an ac
knowledgment of that authority which Christ entrusted in
their hands, accounted them wholly to be distinct things,
and not at all invading each other's limits. For Christ, by
making them Christians, did not make them less to be
Princes : and Christian Emperors could not go less than the
heathens ; they were certainly no losers by their baptism.
For it had been a strange argument for Sylvester to have
used to Constantine, " Sir, give up yourself a disciple to the
most Holy Jesus, and you shall have a crown hereafter,
and here also you shall still reign over all but me and my
Clergy ; to us, indeed, you must be subject, and by us you
must be governed, but the Crown Imperial shall be greater
than every thing, our mitres only excepted." If this had
been the state of the question, I wonder by what argument
could the Prince have been persuaded to become Christian;
when it was so obvious for him to say, that Sylvester had
reason to move him to preach Christ, since he got so much
temporal advantage by it, but that he could see little reason
why himself should lose and Sylvester get, and become a
disciple of Christ to be made a minor and a pupil to the
Bishop. And indeed it would have been a strange sermon
that preaches humility to Emperors and dominion to Bishops.
But their sermons, when they were at the highest, were of
another nature. De humanis rebus judicare permissum est,
non prceesse Dirinis? So Pope Gelasius declares the limit of
the Imperial and priestly power ; of all things belonging to
this world the Emperor is to judge ; but not to be the pre
sident or chief minister of holy rites. Gelasius spake it upon
occasion, because Anastasius the Emperor did unnecessarily
interpose in the absolution of Peter, Bishop of Alexandria.
This, Pope Gelasius supposed was of another nature, and not
relative to the things of this world, and therefore not of Im-
° Herman, in Chron. u Tom. de Vine. Anathem.

BP. TAYLOR.] CIVIL POWER. 343
perial cognisance : but all the things of this world belong to
him. And if all things of this world, then all persons of
this world. For circa actiones proprie versatur Imperium,
say the lawyers, rule and empire, and all power of judicature
is principally concerning actions ; but actions are done by
persons, who therefore are subject to government.1* And
upon this account the African Bishops petitioned the Emperor
that he would compel Paul, the Bishop of Constantinople, to
be of the Catholic communion. And the Fathers of the ninth
Council of Toledo, making provisions against those Eccle
siastics who prevented the just dividend of the public obla
tions, they first order them to be privately reproved, or else
to be delated to the Bishop or to the judge. But if the
Bishop cozen the Corban, let him be delated to the Metro
politan ; but if the Metropolitan do any such vile thing,
Reges hcec auribus intimare non differant, " let him with
out delay be accused unto the King." b And Lambert the
Emperor, about the year of our Lord 900, having some con
test with the Pope, propounded this first article in a Synod
at Ravenna : "if any Roman of the Clergy or the Senate, of
what order soever, shall either voluntarily or by compulsion
appeal to the Imperial Majesty, let no man presume to
contradict him, until the Emperor by himself or his missives
shall deliberate concerning their persons and their causes." °
Thus we find Pope Leo IV. submitting himself to Lotharius
the Emperor, and promising obedience : and to Ludovicus
he professes that if he have done amiss he will amend it
according to his sentence, or the judgment of his deputies.d
Upon the consideration of these and many other particulars,
Gratian, though unwillingly, confesses that in civil causes a
Clergyman is to be convened before the civil judge e : aud
although a little after he does a little prevaricate in the matter
of criminal causes, yet it was too late ; for he had said it
before, Regum est corporalem irrogare peenam, " Kings
have the power of inflicting corporal punishments ;"f and
therefore if a Clerk were guilty in a criminal cause, the

" Concil. Later, consult. 2. sub Mar-

a Can. 2. q. 7. c. Nos si.

tino 1.

c Can. 11. q. 1. c. Sicut enim.

sect.

b Apud. Baron, torn. x. a. n. 904.

Ex his.

num. 17. *

f Can. 2. q. 2. sect. Item.

c Dist. 10. m. De capitulis.

z 4
344 ON THE SUPREME [BP. TAYLOR.
secular judge had power over him, said the Fathers of the
first Council of Matiscon, cap. 7- But it matters not much,
for a greater than Gratian said it in his own case before the
civil power, " If I have done anything worthy of death, I
refuse not to die : " they are the words of St. Paul.

Question V.
Whether is to be obeyed, the Prince or the Bishop, if they happen
to command contrary things ?
To this I answer, that it is already determined that the
Emperor is to be obeyed against the will of the Bishop.
For so it was in the case of Mauricius and St. Gregory ; for
the Bishop was fain to publish the Prince's edict, which yet
he believed to be impious. It was also most evident in
St. Athanasius of Alexandria, St. Gregory of Nazianzen,
St. Chrysostome of Constantinople, Eusebius of Samosata,
who by injustice were commanded to leave their dioceses.
But this is to be understood in actions which can by
empire and command be changed into good or bad respec
tively, because such actions are most properly the subject of
human laws. For in what God hath expressly commanded
or forbidden, the Civil or Ecclesiastical power is only con
cerned to serve the interest of the Divine commandment, to
promote or to hinder good and evil respectively. But what
soever is left undetermined by God, that the supreme power
can determine ; and in such things, if there could be two
supreme powers, the government were monstrous, and there
could be no obedience ; for " no man can serve two masters."
Now the supreme power hath in this no limit but that which
limits both powers, the laws of nature and the laws of Jesus
Christ ; and if there be anything commanded by the Prince
against these, the Bishop is to declare the contrary, that is,
to publish the will of God, provided it be in an evident
matter, and without doubtful disputation. And then, this
being provided for, the case cannot be supposed that the King
and the Bishop, both doing their duty, can command things
contrary. I do not say but a temporal law may be against
the Canons of the Church ; but then we are to follow the

BP. TAYLOR.] CIVIL POWER. 345
civil law, because the power is by the law of nature supreme
and imperial. The matter of the Civil power and Ecclesias
tical is so wholly differing, that there where either hath to do
it cannot contradict the other ; but if they invade the rights
of one another, then the question grows hard. But the solu
tion is this : —
If the Bishop invades the rights of the civil power, he is
not at all to be obeyed, for he hath nothing to do there.
But if the Civil power invades the rights of the Bishop, then
they are either such rights which are his by positive laws
and human concession, or such which by Divine appointment
are his due.
All those which are the Bishop's right by positive laws,
may, by the same power, be rescinded by which they were
granted ; and, therefore, if a King makes a law against the
rights of the Church, and the Bishop protests against that
law, the King, and not the Bishop, must prevail. For
Neminem sibi imperare posse, et neminem sibi legem dicere,
a qua mutatd voluntate nequeat recedere, say the lawyers,
" a man may change his will as long as he lives, and the
supreme will can never be hindered ; " for suminum ejus esse
Imperium qui ordinario juri derogare valeat is a rule in
law, " he that is the supreme can derogate by his power
from an ordinary right," viz. by making a contrary law.
But if they be the rights of Bishops and the ministers of
religion by divine appointment, then the Bishop's command
is to prevail, cum conditione crucis ; that is, so as the sub
ject must submit to the Prince's anger, and suffer for what
he cannot do, according to that of St. Augustin, Imperatores
cum in errore sunt, pro errore contra veritatem leges dant,
per quas justi et probontur et coronantur, non faciendo
quod Mi jubent, quia Deus prohibet, " Mistaken Princes
make ill laws, but by them good men are tried and crowned,
by not doing what God hath forbidden them." This is much
more modestly expressed than that responsory in the Roman
Breviary, speaking of the Apostles, Isti sunt triumphatores
et amid Dei, qui contemnentes jussa Principum merue-
runt prcemia ceterna, " They have deserved eternal rewards
by despising the commands of the Princes."3 The expression
1 De Communi Apost. R. 6.

346 ON THE SUPREME [BP. TAYLOR.
is hard ; for though their impious laws are not to be obeyed,
yet indefinitely it is not safe to say their commands are to be
despised. And none ever less despised the laws than they
who, because they could not obey them against God, yet
obeyed them against themselves, by suffering death at their
command, when they might not suffer a sin.
But then this also suffers diminution. For if the Eccle
siastical power in such things where their authority is proper,
and competent, and divine, give any negative or prohibitive
precepts, they may and they must be obeyed entirely ; be
cause every negative is indivisible, and hath neither parts nor
time ; and in this they are but proclaimers of the Divine
commandment, which if it be negative it can never be lawful
to do against it. But in positive instances of commandment,
though from Divine authority (for that is the limit of the
Ecclesiastical power and authority), if the King commands
one thing and the Bishop another, they are severally to be
regarded according to the several cases. For the rule is
this : that all external actions are under the command of
the civil power, in order to the public government : and if
they were not, the civil power were not sufficiently provided
for the acquiring the end of its institution ; and then it
would followr that either the civil authority were not from
God (expressly against St. Paul), or else all that God made
were not good, as being defective from the end of its crea
tion (expressly against Moses, and, indeed, agaiust the
honour of God). Now, because external actions are also
in order to religion internal, it happens that the spiritual
power hath accidentally power over them. Here, then, is
the issue of this inquiry : when an external action is neces
sary to the public service, and yet in order to religion at
the same time, the positive commands of the spiritual supe
rior must yield to the positive commands of the supreme
civil power. For that which hath a direct power is to be
preferred before that which hath but an indirect power.
Thus, it is a divine precept that we should not neglect the
assembling of ourselves together. Upon the warranty of
this, the guides of souls have power to command their flocks
to meet at the Divine service, and they are tied to obey.

BP. TAYLOR.] CIVIL POWER. 347
But if, at the same time, the Prince hath given command
that those persons, or some of those who are commanded
to be at the Divine offices, be present on the guards, or
the defence of the city walls, they are bound to obey the
Prince, and not the Priests, at that time. For besides the
former reason, when external actions are appointed by com
petent authority, they are clothed with circumstances with
which actions commanded by God, and in which Ecclesiastics
have competent authority, are not invested ; and amongst
these circumstances time and place are the principal. And,
therefore, it follows, that in external actions the command of
the Prince is always to be preferred before the command of
the Church ; because this may stay, and that cannot. This
is not by God determined to time and place, but that is by
the Prince ; and, therefore, by doing that now, and letting
this alone till another time, both ends can be served ; and it
were a strange peevishness of government (besides the un
reasonableness of it) to cross the Prince to show our- power,
when both may stand, and both may be obeyed ; if they did
not crowd at the same narrow door together, there is time
enough for them to go out one after another ; and by a little
more time, there will be a great deal of more room. I have
heard that 'when King James VI. of Scotland was wooing
the Danish lady, he commanded the Provost of Edinburgh
and the townsmen upon a certain day to feast the Denmark
ambassadors, and to show all the bravery of their town and
all the splendour they could ; of which, when the presbytery
had notice, they, to cross the King, proclaimed a fast to be
kept in the town upon that very day. But the townsmen,
according to their duty, obeyed the King ; and the presby
tery might have considered that it was no zeal for God that
the fast was indicted upon that day ; but God might have
been as well served by the Tuesday fast as by the Monday.
Thus, if the Ecclesiastic power hath admitted a person to
Ecclesiastical ministries or religions, if the supreme Civil
power requires his service, or if he be needed for the public
good, he may command him from thence, unless there be
something collaterally to hinder; as if the Prince have sworn
the contrary, or that the person required have abjured it by
the Prince's leave : but supposing him only bound by the

348 ON THE SUPREME [BP. TAYLOR.
Ecclesiastical power, the supreme Civil power is to prevail
over it, as being the lord of persons and actions external.
An instance of this was given by Mauricius, the Emperor,
forbidding his soldiers to turn Monks without his leave,
though the law was made sore against the mind of St. Gre
gory, who was the Bishop of Rome. And thus Casimir,
King of Poland a, was taken from his gown, and invested
with a royal mantle ; and divers Monks have been recalled
into the employments of armies, or public councils, or public
governments. But this also is to be understood with this provision.
The supreme Civil power hath dominion over external ac
tions, so as to govern them for time and place and other
circumstances. He can forbid sermons at such a time ;
he can forbid fasts or public solemnities and meetings when
he please, and when it is for the interests of government :
and concerning any accident or circumstance and manner he
can give laws, and he must be obeyed. But he cannot give
laws prohibiting the thing itself, out of hatred or in per
secution of the religion : for then the Ecclesiastic power is
to command not only the thing, but the circumstances too.
For the thing itself it is plain, because it is a Divine com
mandment, and to this the Spiritual power must minister,
and no Civil power can hinder us from obeying God : and,
therefore, the Apostles made no scruple of preaching Christ
publicly, though they were forbidden it under great penalties.
But then for the circumstances, they also in this case fall
under the Ecclesiastical power. If the Prince would permit
the thing, he might dispose of the accidents ; for then he is
not against God, and uses his right about external actions.
But if he forbids the thing, they that are to take care that
God be obeyed must then invest the actions with circum
stances ; for they cannot be at all, unless they be in time
and place ; and, therefore, by a consequent of their power
over the thing they can dispose the other, because the
circumstances are not forbidden by the Prince ; but the
thing, which being commanded by God, and not being to be
done at all but in circumstances, they that must take care of
* a.b. 1040.

BP. TAYLOR.] CIVIL POWER. 349
the principal must in that case take care also of the acces
sory. Thus we find the Bishops in the Primitive Church
indicting of fasts, proclaiming assemblies, calling synods,
gathering synaxes : for they knew they were obliged to see
that all that should be done which was necessary for the
salvation of souls and instruction of lives by preaching, and
for the stabiliment of the Church by assemblies and com
munions. Now the doing of these things was necessary,
and for the doing of these they were ready to die ; for that
passive obedience was all which they did owe to those laws
which forbad them under pain of death : for it was necessary
those things should be done, it was not necessary they should
live. But when the supreme Civil power is Christian, and
does not forbid the thing, there is no danger that God shall
not be obeyed by the Prince's changing and disposing the
circumstances of the thing ; and, therefore, there can be no
reason why the Prince should be disobeyed, commanding
nothing against God, and governing in that where his
authority is competent. Thus if the supreme Civil power
should command that the Bishops of his kingdom should
not ordain any persons that had been soldiers or of mean
trades to be Priests, nor consecrate any knight to be a
Bishop, though the Bishops should desire it very passion
ately, they have no power to command or do what the Civil
power hath forbidden. But if the supreme should say there
should be no Bishops at all, and no ordination of Ministers
of religion according to the laws of Jesus Christ, then the
question is not whether the supreme Civil power or the
Ecclesiastical is to be obeyed, but whether man or God :
and in that case if the Bishops do not ordain, if they do not
take care to continue a succession in the Church of God,
they are to answer for one of the greatest neglects of duty
of which mankind is capable : always supposed that the
order of Bishops is necessary to the Church, and that ordi
nation of Priests by Bishops is of Apostolical institution,
and that there is no univocal generation of Church Ministers
but by the same hands which began the Siaoo^v], succession,
and hath continued it for almost seventeen ages in the
Church ; of which I am not now to interpose my sentence,
but to answer the case of conscience relying upon the sup-

350 ON THE SUPREME [BP. TAYLOR.
position. This only I am to add, that supposing this to be
necessary, yet it is to be done cum conditione crucis, with
submission to the anger of the laws if they have put on
unjust armour ; and to be done with peaceableness, and all
the arts of humility and gentleness, petition and wise re
monstrances. But there is yet one reserve of caution to be used in this
case. If the Civil power and the Spiritual differ in this
particular, the Spiritual must yield so long, and forbear to
do what is forbidden by their lawful supreme, until it be
certain that to forbear longer is to neglect their duty, and
to displease God. If the duty or if the succession can be
any way supplied, so that the interest of religion be not
destroyed, then cession or forbearance is their duty. And,
therefore, if the King of Portugal should forbid consecra
tions of Bishops in his kingdom, not for a time, but for ever,
the Bishops were bound to obey if they could be supplied
from other Churches, or if it were not necessary that God
should have a Church in Portugal, or if without Bishops
there could be a Church. But if they be sure that the
Bishops are the head of Ecclesiastical union, and, therefore,
the conservators of being ; and if the remaining Prelates
are convinced that God hath required it of them to con
tinue a Church in Portugal (as it is certain that by many
regards they are determined there to serve God's Church,
and to provide for souls and for the religion of their
charges), and if they could be no otherwise supplied with
Ecclesiastical persons of the order and ordination Apostolical,
as if other Churches would not ordain Bishops or Priests
for them but upon sinful conditions and violation of their
consciences : then the Spiritual power is to do their duty,
and the supreme Civil power is to do their pleasure ; and
tbe worst that can come is the crown of martyrdom, which
whosoever gets will be no loser. And, therefore, I cannot
without indignation consider it, that the Pope of Rome, who
pretends to be a great Father of Christians, should not
only neglect but refuse to make ordinations and consecra
tions in that Church : which if their Prince should do, the
Bishops ought to supply it by their care ; and, therefore,
when the Prince desires it, as it is infinite dishonour to the

BP. TAYLOR.] CIVIL POWER. 351
Bishop of Rome to neglect or refuse, in compliance with the -
temporal interest of the King of Spain, so it is the duty of
the Bishops of Portugal to obey their Prince. But I have
nothing to do to meddle with any man's interest, much less
that of Princes : only the scene of this case of conscience
happens now to lie in Portugal, and the consideration of it
was useful in the determination of this present question.
But this question hath an appendent branch which is also
fit to be considered. What if the Civil laws and the Eccle
siastical be contrary ? as it happens in divers particulars ;
as if the Prince be a heretic, an Arian, or Macedonian,
and happens to forbid the invocation of the Holy Ghost, or
giving divine honours to the Son of God, and the Church
hath always done it, and always commanded it. What is
to be done in this case ? This instance makes the answer
easy : for in matters of faith it is certain the authority and
laws of God have made the determination ; and, therefore,
in these and the like the Church is bound to do and to
believe, and to profess according to the commandment of
God. But how if the Prince does not forbid the internal
duty (for in that his authority is incompetent), but com
mands only that there should be no prayers to the Holy
Ghost put into the public Liturgies of the Church ; to this
the answer is certain, — that though in all externals the
supreme Civil power is to be obeyed, yet the Spiritual
power in such cases is tied to confess the faith which the
Prince would discountenance, and to take care that their
charges should plentifully supply in all their private devo
tions what is not permitted to them in public. And the
reason of this is, not that they are tied to do anything in
opposition or scandal to the Prince, but that they are in
duty and charity to provide, lest the public discouragement
and alteration of the circumstance of the duty do not lessen
the duty internal and essential : and, therefore, they are to
put so much more to the private, that they may prevent the
diminution which is likely to come upon the private duty
from the public prohibition.
But there are some Civil laws which are opposed to Eccle
siastical, not by contrariety of sanction and command hinc
inde, but by contrariety of declaration or permission respec-

352 ON THE SUPREME [BP. TAYLOR.
tively. Thus, if the Ecclesiastical laws have forbidden mar
riage in a certain degree, and the Civil power hath permitted
it, then the subject may more safely obey the power Eccle
siastical ; because by so doing he avoids the offending of
religious persons, and yet disobeys no command of the
Prince ; for no Civil power usually commands a man to
marry in a certain degree : and therefore when he is at
liberty from the Civil law, which in this case gives him no
command, and he is not at liberty from the Ecclesiastical
law, which hath made a prohibition, he must obey the
Church ; which if it had no power over him, could have
made no law, and if it have a power it must be obeyed ; for
in the present case there is nothing to hinder it. So it is in
such things which are permitted for the hardness of men's
hearts or the public necessity. The permission of the Prince
is no absolution from the authority of the Church. Sup
posing usury to be unlawful, as it is certain many kinds and
instances of it are highly criminal, yet the Civil laws permit
it, and the Church forbids it. In this case the Canons are to
be preferred. For though it be permitted, yet by the laws
no man is compelled to be an usurer ; and therefore he must
pay that reverence and obedience which is otherwise due to
them that have the rule over them in the conduct of their
souls. The case is alike in those laws where the Civil power only
gives impunity, but no warranty. As in such cases when
laws indulge to a man's weakness and grief ; as when it per
mits him to kill any man that creeps in at his windows, or
demands his purse of him on the highway, or to kill his
adulterous wife if he surprises her in the sin : if the Civil
power promises impunity, and does not intend to change the
action from unlawful to lawful, as in some cases it does, in
some it cannot ; then if there be any laws of the Church to
the contrary, they pass an obligation upon the conscience,
notwithstanding the Civil impunity. And there is great rea
son for this. For since the affairs of the world have in them
varieties and perplexities besides, it happens that in some
cases men know not how to govern by the strictest measures
of religion, because all men will not do their duty upon that
account ; and therefore laws are not made ut in Platonis

BP. TAVLOR.] CIVIL POWER. 353
republicd, but as in fcece Romuli, with exact and purest
measures, but in compliance and by necessity, not always as
well as they should, but as well as they may : and therefore the
Civil power is forced sometimes to connive at what it does not
approve. But yet these persons are to be governed by con
science ; and therefore it is necessary that that part of the
public Government which is to conduct our consciences more
immediately should give a bridle to that liberty which, by
being in some regards necessary, would, if totally permitted,
become intolerable. And therefore the Spiritual power puts
a little myrrh into their wine, and supplies that defect which,
in the intrigues of human affairs, we bring upon ourselves by
making unnatural necessities.
But then, if it be inquired whether it be lawful for the
Spiritual power by Spiritual censures to punish those actions
which the Civil power permits, I answer, that the Church
makes laws either by her declarative and direct power, or by
a reductive and indirect power : that is, she makes laws in
matters expressly commanded by God or forbidden, or else
in such things which have proportion, similitudes, and
analogies to the divine laws. In the first she is the declarer
of God's will, and hath a direct, power. In the second she
hath a judgment of discretion, and is the best judge of fit
and decent. If the Church declares an act to be against
God's commandment, or bound upon us by essential duty, in
that case, unless there be error evident and notorious, she is
entirely to be obeyed : and therefore the refractory and the
disobedient she may easily coerce and punish by her censures,
according as she sees it agreeable and conducing to God's
glory and the good of souls, although the Civil power per
mits the fact for necessity or great advantages. And the
reason is, because as the Civil power serves the ends of the
republic by impunity and permission, so there is another end
to be served which is more considerable, that is, the service
of God and the interest of souls, to which she is to minister
by laws and punishments, by exhortations and the argument
of* rewards : and as every power of God's appointment is
sufficient for its own end, so it must do its own portion of
duty, for which so competent provisions are made. And
therefore the Spiritual power may in this case punish what
VOL. III. A A

354 ON THE SUPREME [BP. TAYLOR.
the Civil power punishes not. With this only caution, if the
Civil power does not forbid the Church to use her censures
in such a particular case : for if it does, it is to be presumed
that such Ecclesiastical coercion would hinder the Civil
power from acquiring the end of its laws, which the Eccle
siastical never ought to do ; because, although her censures
are very useful to the ends of the Spiritual power, yet they
are not absolutely necessary, God having by so many other
ways provided for souls, that the Church is sufficiently in
structed with means of saving souls though she never
draw her sword. But the Civil power hath not so many
advantages. But if the laws of the Church are made only by her reduc
tive and indirect power, that is, if they be such that her
authority is not founded upon the express law of God, but
upon the judgment of discretion, and therefore her laws are
concerning decencies, and usefulnesses, and pious advantages,
in this case the Church is not easily to proceed to censures,
unless it be certain that there is no disservice nor displeasure
done to the civil power. For it will look too like peevishness
to cross the civil laws where it is apparent there is no neces
sity, and no warranty from a divine commandment. The
Church would not have her laws opposed or discountenanced
upon little regards ; and therefore neither must she without
great necessity do that which will cause some diminution to
the civil laws, at least by interpretation.
And after all this, if it happens that the Civil power and the
Ecclesiastical command things contrary, there is fault some
where, and there is nothing to be done but to inquire on
which side God is ; for if he be not on the Church's side by
a direct law in the matter, he is not on the Church's side for
her relation, but on the King's side for his authority.
From the matter of the former question arises another
like it.

BP. TAYLOR.] CIVIL POWER. 355

Question VI.
Whether in the Civil affairs and causes of the Ecclesiastical power
and persons the presumption ought to lie for the King, or for
the Church.
This question must suppose the case to be dubious, and the
matter equal on both sides as to the subject-matter ; for else
there needs to be no question, but judgment must be accord
ing to the merit of the cause : and it must suppose also that
neither of them will yield, but use their own right ; for if
either did, themselves would make an end of the question :
but when both are in pretence, and the pretence is equal in
the matter and the argument, and that the cause is to be
determined by favour and privilege, whether is to be pre
ferred ? I do not ask which is to be preferred in law ; for
in that question, the laws and customs of a people are the
rule of determination : but whether there be in conscience
any advantage of presumption due to either.
To this I answer, that in the most pious ages of the Church,
the presumption was ever esteemed to lie for the Church
when the Princes were Christians : and when the question is
of piety, not of authority, of charity, not of empire, it is
therefore fit to be given to the Church — 1. Because if the
Civil power takes it to itself, it is a judge and a party too.
2. Because, whatever external rights the Church hath, she
hath them by the donation, or at least enjoys them by the
concession of the supreme Civil power, who in this case by
cession do confirm at least, and at most but enlarge their
donative. 3. Because the Spiritual power is under the
King's protection, and hath equal case with that of widows
and orphans. It is a pious cause of the poor and the un
armed. 4. The King is better able to bear the loss, and
therefore it is a case of equity. 5. The Church is a relative
of God and the minister of religion, and therefore the
advantage being given to the Church, the honour is done to
God ; and then on the King's side it would be an act of
religion and devotion. 6. If the Civil power being judge
prefers the Ecclesiastics in the presumption, it is certain there
is no wrong done, and none hath cause to complain : but if
A A 2

356 ON THE SUPREME [BP. TAYLOR
it be against the Ecclesiastics the case is not so evident, and
justice is not so secured, and charity not at all done.
And if it be thought that this determination is fit to be
given by a Churchman, though it be no objection while it is
true and reasonable, yet I endeavoured to speak exactly to
truth, and for the advantage of the Civil power, though the
question is decided for the Ecclesiastics ; for in such cases,
as the Ecclesiastics will have advantage if they in dubious
cases never will contend, so the Civil power will ever have
the better of it if in these cases they resolve never to
prevail. Although these inquiries have carried me a little further
than the first intention of the rule, yet they were greatly
relative to it ; but I shall recal my reader to the sense and
duty of it by the words of St. Gregory, who says that
Christus Imperatori et omnia tribuit, et dominari eum non
solum militibus, sed etiam Sacerdotibus concessit, " Christ
hath both given all things to the Emperor, but a power of
dominion not only over the soldiers, but even over the Priests
themselves."" And that great wise Disposer of all things in
Heaven and earth, who makes twins in the little continent of
their mothers' womb to lie at ease and peace, and the eccen
tric motions of the orbs, and the regular and irregular pro
gressions of the stars, not to cross or hinder one another,
and in all the variety of human actions, cases, and contin
gencies, hath so wisely disposed his laws that no contradiction
of chance can infer a contradiction of duty, and it can never
be necessary to sin, but on one hand or other it may for ever
be avoided, cannot be supposed to have appointed two powers
in the hands of his servants to fight against or to resist each
other ; but as good is never contrary to good, nor truth to
truth, so neither can those powers which are ordained for
good ; and therefore where the powers are distinct, they are
employed upon several matters ; and where they converse
about the same matter, as in external actions and persons
they do, there one is subject to the other, and therefore can
never be against it. * Epist. 64. ad Theodorum Medicum.

BP. TAYLOR.] CIVIL POWER. 357

Rule VII.
The Supreme Civil Power hath Jurisdiction in Causes not
only Ecclesiastical, but Internal and Spiritual.
BarriXsug tcov 7rpog Toug Qsobg Kupiog, said Aristotle, " Of
things belonging to God the King is the Governor."1
Therefore, besides that the supreme Civil power is to
govern all persons and all actions and ministries which are
directly external, it is to be considered that actions internal,
as they can be made public, have also influence upon the
persons and lives, the fortunes and communities of men, and
therefore either are so far forth to be governed by them who
are governors of men in their lives and fortunes, in their
societies and persons, that they may do good to them, or at
least do no hurt.
Therefore, as the supreme Princes and Magistrates have
in several ages of the Church indulged to Ecclesiastics a
power of Civil government, privileges, and defensatives in
ordine ad spiritualia, that is, to enable them, with the help
of the Civil power, to advance the interests of religion and
the spiritual men, which by evil men is apt to be despised, as
all the threatenings of the Gospel, and the terrors of death,
and the horrible affrightments of the day of judgment are :
so God hath given to the supreme Civil power authority over
all public religion in ordine ad bonum temporale. Princes
and states did the other, but God did this. That was well,
very well ; but this is necessary, and that was not. The
reason of both is this, because no external accident can
hinder the intentions of God in the effects of religion and
the event of souls. Religion thrives as well in a storm and
in persecution as in sunshine. God had more summer friends
under Constantine, but possibly as many true ones under
Diocletian ; or if he had not, it was men's fault, their weak
ness, not their necessity. But the Civil interest can be
really hindered by the intervening of new doctrines and false
manners of worship ; and the Commonwealth, if it be
destroyed, hath no recompense in eternity ; and therefore
" Polit. lib. iii.
A A 3

358 ON THE SUPREME [BP. TAYLOR
God hath not called them happy when they are troubled,
and hath not bidden them to suffer rebellion, or to rejoice
when men "speak evil of dignities," and he hath not told
them that "great is their reward in Heaven;" but the
whole purpose and proper end of the government being for
temporal felicity, though that temporal felicity is by the
wisdom of God made to minister to the eternal, the govern
ment expires in this world, and shall never return to look for
recompense for its sufferings. But every single man shall ;
and though Temporal power can be taken from Princes, yet
a man's religion cannot be taken from him ; and therefore
God hath given to Princes a supreme power for the ordering
of religion in order to the Commonwealth, without which it
had not had sufficient power to preserve itself ; but he hath
not given to Ecclesiastics a power over Princes in matter of
government in order to Spiritual things. 1. Because, though
Spiritual things may receive advantage by such powers if
they had them, yet they may do as much harm as good, and
have done so very often, and may do so again. 2. Because
God hath appointed to Spiritual persons Spiritual instruments,
sufficient to the end of that appointment. 3. Because he
hath also established another economy for religion, the way
of the cross, and the beaten way of humility, and the de
fensatives of mortification, and the guards of self-denial, and
the provisions of contentedness, and the whole spiritual
armour, and prayers and tears, and promises, and his Holy
Spirit, and these are infinitely sufficient to do God's work,
and they are infinitely the better way. 4. Because religion,
being a Spiritual thing, can stand alone, as the soul can by
itself subsist ; and secular violence can no more destroy
faith, or the Spiritual and true worship of God, than a sword
can kill the understanding. 5. Because, if God had given
a Temporal power to Ecclesiastics in order to a Spiritual end,
then he hath set up two supremes in the same affairs, which
could never agree but by the cession of one, that is, the two
supremes could never agree but by making one of them not
to be supreme.
And the world hath seen this last particular verified by
many sad experiments ; for when the Roman Emperors
residing in the East gave great powers and trusts to the

BP. TAYLOR.] CIVIL POWER. 359
Patriarchs of the West, by their spiritual sword they began
to hew at the head of gold, and lop off many royalties from
the Imperial stock ; and Leo Iconomachus, for breaking
down the images of saints, felt their power, for they suffered
not the people to pay him tribute in Italy, threatening to
interdict them the use of sacraments and public devotions if
they did ; but as soon as ever they began, by spiritual power,
to intermeddle in secular affairs, they quickly pulled the
Western Empire from the East, and in a convenient time
lessened and weakened that of the West. For Pope John III.
combined with Berengarius and Adalbar his son against the
Emperor Otho the Great, and they must pretend themselves
to be Kings of Italy. Pope John XVIII. made a league
with Crescentius, and stirred up the people against Otho III.
Pope Benedict IX. excited Peter of Hungary to pretend to
the empire, only to hinder Henry, surnamed Niger, from
entering into Italy to repeat his rights. And all the world
knows what Gregory VII. did to Henry IV., how he first
caused Rodolph of Suevia, and afterwards Ecbert of Saxony,
to fight against him ; and here their great quarrel was about
the power of choosing the Pope. Then they fell out about
the collation of bishoprics, for which cause Pope Gelasius
XII. caused the Archbishop of Mentz to rebel against
Henry V., and there the Pope got the better of him, and by
the aid of his Norman forces which he had in Sicily, beat
him into compliance. Then they fell out about some fees of
the empire ; and Innocent II. raised up Roger the Norman
against Lotharius XII. about the Duchy of Pouille, and St.
Bernard being made umpire in the quarrel, the Pope got a
share in Bavaria, for whoever lost, Signior Papa, like the
butler's box, was sure to get, by the advantage of his
supreme conduct of religion, which by this time he got into
his hands.
And now he improved it providently ; for the same Inno
cent stirred up Guelphus, Duke of Bavaria, against Con
rad III., and thence sprang that dismal and bloody faction
between the Guelphs and Ghibellines ; but what should I
reckon more ? I must transcribe the annals of Germany3
* Vide Luitpran. lib. vi. u. 6., Cuspinian et Theodoric. ii Niem in Vita
Othon. III. A A 4

360 ON THE SUPREME [BP. TAYLOR.
to enumerate the hostilities of the Roman Bishops against
the Emperors their lords, when they got the conduct and
civil government of religious affairs into their power. Fre
derick Barbarossa, Henry VL, his brother Philip, Frederick
II., Henry VII., Frederick of Austria, Lewis of Bavaria,
Sigismund, Frederick III., felt the power of a temporal
sword in a religious scabbard ; and this was so certain, so
constant a mischief, that when the Pope had excommunicated
eight Emperors, and made the Temporal sword cut off them
whom the Spiritual sword had struck at, the Emperors grew
afraid ; and Rodolph of Hapsburg, when he was chosen Em
peror, durst not go into Italy, which he called the lion's den,
because the entrance was fair, but few returning footsteps
were espied. And it grew to be a proverb, saith Guicciar-
dine, Proprium est Ecclesice odisse Ccesares, " The Church
hates Caesar ;"a and the event was that which Carion com
plained of, Sceleribus Pontificum hoc Imperium languefac-
turn est, " By the wickedness of the Bishops of Rome the
Roman empire is fallen into decay."
These instances are more than enough to prove that if
religion be governed by any hand with which the Civil power
hath nothing to do, it may come to pass that the Civil power
shall have no hands at all, or they shall be in bands. The
consequence of these is this, that if the supreme Civil power
be sufficient to preserve itself, it can provide against the
evil use of the Spiritual sword, and consequently can con
duct all religion that can by evil men be abused, so as to keep
it harmless. If by excommunications the Bishop can dis
turb the Civil interest, the Civil power can hold his hands
that he shall not strike with it, or if he does, can take out
the temporal sting, that it shall not venom and fester. If
by strange doctrines the Ecclesiastics can alienate the hearts of
subjects from their duty, the Civil power can forbid those
doctrines to be preached. If the Canons of the Church be
seditious or peevish, or apt for trouble, the Civil power can
command them to be rescinded, or may refuse to verify
them and make them into laws. But that we may not trust
our own reason only, I shall instance in the particulars of
a Lib. iv. Chron.

BP. TAYLOR.] CIVIL POWER. 361
jurisdiction, and give evident probation of them from the
authority of the best ages of the Church.
And first in general, that Kings or the supreme Civil
power is by God made an overseer, a ruler, a careful father,
a governor, a protector and provider for his Church, is
evident in the Scriptures, and the doctrine of the primitive
ages of the Church. Nutritii et patres Ecclesice is their
appellative which we are taught from Scripture, "nursing
Fathers of the Church." Pastores ; that is the word God
used of Cyrus the Persian, " Cyrus my shepherd :" and when
the Spirit of God by David calls to Kings and Princes of the
earth to kiss the Son lest he be angry, it intends that as
Kings they should use their power and empire in those
things in which the Son will be worshipped by the children
of men. For besides the natural and first end of govern
ment, which is temporal felicity, of which I have already
spoken, there is also a supernatural, the eternal felicity of
souls ; and to this Civil government does minister by the
economy and design of God ; and therefore it was well said
of Arhmianus, Nihil aliud est imperium (ut sapientes defi-
niunf) nisi euro salutis alienee. It is true in both senses ;
"Empire is nothing else (as wise men define it) but a power
of doing good by taking care for the salvation of others." a To
do them good here, and to cause them to do themselves good
hereafter, is the end of all government. And the reason of it
is well expressed by the Emperor Theodosius the Younger to
St. Cyril : Quandoquidem ut vera religio justa actione per-
ficitur, ita etrespublica utriusque ope nixaflorescet, "as true
religion is perfected by justice, so by religion and justice the
republic does flourish ; " and therefore he adds, Deus opt.
Max. pietatis et justcs actionis quoddam quasi vinculum nos
esse voluerit, " The Emperor is by the Divine appointment
the common band of justice and religion." b
In the pursuance of this truth, Eusebius0 tells that Con
stantine the Great was wont to say to the Bishops concern
ing himself, Vos intra Ecclesiam, ego extra Ecclesiam a
Deo Episcopus constitutus sum, " you within the Church
walls and I without, but both of us are appointed by God to
' Lib. xxxix. c De Vita Constant, lib. iv. c. 24.
b Apud Cyril, ep. 17.

362 ON THE SUPREME [BP. TAYLOR.
be Bishops or Overseers of his saints and servants." And in
the edict of Valentinian and Martian, which approves the
acts of the Council of Chalcedon, they are both called Inclgti
Pontifices, " illustrious Bishops :" and the Emperor Leo III.,
in his Epistle to Gregory the Bishop of Rome, says of him
self, oti 0ao-(Asu£ xa) Upsug eifxt, " I am both a King and a
Priest;" meaning in office, not in order; in government,
not in ministries. These and such like words are often
used in the letters interchanged between the Princes and
the Bishops in the ancient Church, of which that of Leo the
Roman Bishop concerning the French capitulars is remark
able, writing to Lotharius : De capitulis vel prceceptis
Imperialibus vestris vestrorum Pontificum prcedecessorum
irrefragabiliter custodiendis et conservandis, quantum valui-
mus et valemus in Christo propitio, et nunc et in cevum nos
conservaturos modis omnibus profitemur. It was a direct
oath of supremacy : " Concerning the capitulars or Impe
rial precepts given by you and your predecessors who were
Bishops (viz. in their power and care over Churches), we
through the assistance of Christ promise as much as we are
able to keep and to conserve them for ever." The limit of
which power is well explicated by St. Augustin in these words,
Quando Imperatores veritatem tenent, pro ipsa veritate
contra err or em jubent ; quod quisquis contempserit, ipse sibi
judicium acquirit, " When the Emperors are Christians and
right believers, they make laws for the truth and against
false doctrines ; which laws whosoever shall despise, gets
damnation to himself."3
For if we consider that famous saying of Optatus, that
Ecclesia est in republicd, non respublica in Ecclesia, "the
Church is in the commonwealth, not the commonwealth in
the Church ;" and the Church is not a distinct state and order
of men, but the commonwealth turned Christian, that is,
better instructed, more holy, greater lovers of God, and
taught in the knowledge of our Lord Jesus ; it is not to be
imagined that the Emperors or supreme governors should
have the less care and rule over it by how much the more it
belongs to God. This fancy first invaded the servants when
* Epist. 166.

BP. TAYLOR.] CIVIL POWER. 363
they turned Christians, they thought their masters had then
less to do with them. The Apostle tells them, as in the
case of Onesimus, that it is true they ought to love them
better, but the other were not the less to be obedient ; only
there was this gotten by it, that the servants were to do the
same service for the Lord's sake, which before they did for
the laws. But it is a strange folly to imagine that because
a man hath changed his opinion he hath therefore changed
his relation ; and if it were so, he that is weary of his master
may soon change his service by going to another tutor.
Religion establishes all natural and political relations, and
changes none but the spiritual ; and the same Prince that
governs his people in the time of the plague is to govern
them when they are cured ; and the physician that cured
them hath got no dominion over them, only in regimine
salutis he is principal, he is to govern their health. The
cases as to this are parallel between the soul and the body.
And therefore the Emperor Constans declared his power
and his duty too, de omnibus cur am agere et intendere quce
respiciunt ad utilitatem Christianissimce nostrce reipublices,
" to take care and to intend all things which regard the
advantage of our most Christian commonwealth:"3 and
Aimonius tells of King Clodovseus, that in one of the Coun
cils of Africa held at Clupea he described his office and duty
by these two summaries : publicis rebus consultores advocare,
et eo quce Dei et sanctorum ejus sunt disponere ; " to consult
about public affairs of the commonwealth, and to dispose of
those things which belong to God and to his saints." b
But the consideration of the particulars will be more useful
in this inquiry, and first
The supreme Civil Power hath Authority to convene and to
dissolve all Synods Ecclesiastical.
This appears first, in that all the first Councils of the
Church after the Emperors were Christian were convocated
by their authority. The Council of Nice was called by
Constantine, as is affirmed by Eusebius0, Ruffinusd, Sozo-
a In Concil. Roman, sub. Martino I. c De Vita Constant, lib. vii. c. 6.
b Lib. iv. <.-. 41. d Lib. i. Hist. c. 1.

364 ON THE SUPREME [BP. TAYLOR.
men3, and Theodoret b : and when the Eusebians had per
suaded Constantine to call a Council at Tyre against Atha
nasius, the Prince, understanding their craft and violence,
called them from Tyre to Constantinople0 : and by the same
Emperor there was another Council called at Aries. The
Council at Sardica in Illyria was convened by the authority
of the Emperors Constans and Coustantius, as the Fathers
of that Synod themselves wrote in their letters to the Egyp
tians and Africans ; and Liberius the Bishop of Rome, with
many other Bishops of Italy, joined in petition to Constan-
tius to convocate a Council at Aquileia : not to suffer them
to do it, but that he would, for to him they knew it only
did belong.4 Theodosius the Emperor called the second
General Council at Constantinople ; as Socrates, Sozomen,
and Nicephorus relate ; and the Fathers of the Council
write in their synodical constitutions, with this expression
added, ea quce acta sunt in sancto concilio ad tuam referi-
mus pietatem, " whatsoever was done in that Synod was
wholly referred to the Prince's piety."8 The great Ephesian
Council, which was the third Oecumenical, was convened by
Theodosius, junior, exproprio munereet officio, et ex animi
sui deliberatione, so himself affirms, " out of his own free
choice, according to his office, and his duty."f But his re
script by which he convened the Council is a most admirable
letter, and contains in it a full testimony of the truth of this
whole rule, and does excellently enumerate and imply all the
parts of the Imperial jurisdiction in causes of religion. The
sum of which are in the preface of that rescript8 in these
words : " Our Commonwealth depends upon piety (or reli
gion) towards God, and between them both there is great
cognation and society ; for they agree together, and grow
by the increase of one another : so that true religion does
shine by the study of justice, and the Commonwealth is
assisted by them both. We therefore being placed in the
kingdom by God, having received from him the care both
of the religion and the prosperity of the subject, we have
" Lib. i. c. 16. ad Hosium Cordub. apud Baron, torn.
b Lib. ii. Hist. c. 5. iii. a.d. 353. num. 19.
c Apud Athanas. apol. 2. • Synod. Constit. libel].
d Apud. Athanas. apol. 2. Theodor. f Apud Cyril. Ep. 4.
lib. ii. c. 16. in dial, et Liberius in Epist. s Epist. 17. apud Cyrillum.

BP. TAYLOR.] CIVIL POWER. 365
hitherto endeavoured by our care and by our forces to keep
in perpetual union : and for the safety of the republic we are
intent to the profit of our subjects, and diligently watch for
the conservation of true religion ; but especially we strive
that we may live holily as becomes holy persons, taking care,
as it befits us, even of both (for it is impossible we should
take good care of one if we neglect the other). But above
the rest,' we are careful that the Ecclesiastical state may
remain firm, so as is fit to relate to God, and to be in our
time, and may have tranquillity by the consent of all men,
and may be quiet by the peace of the Ecclesiastic affairs ;
and that true religion may be kept unreproveable, and the
. lives of the inferior Clergy and the Bishops may be free from
blame. This is the sum of his duty, and the limit of bis
power, and the intention of his government." And to these
purposes he called a Council, threatening punishment to any
Prelate who was called if he neglected to come. If the
Emperor took more upon him than belonged to him, he was
near a good tutor that could have reproved him, the Fathers
of the Ephesian Council ; but if he took upon him but what
was just, this testimony alone is sufficient in this whole
question. But he ended not so, but shortly after called
another Council in the same place, against the will of Pope
Leo, who yet was forced to send his deputies to be assistant
at it.3 But that Council had an ill end : and to repair the
wounds made to truth by it, Pope Leo petitioned the Em
peror for another to be held in Italy. But the Emperor
was then not much in love with Councils, having been so
lately deceived by one ; and therefore put it off, and died ;
and his successor Martianus called one at Nice, but changing
his mind had it kept in Chalcedon. I shall proceed no
further in particular, but account it sufficient what Cardinal
Cusanus acknowledges. Sciendum est quod in Universalibus
octo consiliis semper invenio Imperatores et Judices suos cum
senatu primatum habuisse? For this is more than the mere
power of calling them ; for that he might do upon many
accounts : but the Emperor and his Judges and Council
always had the primacy in the eight General Councils.
a In Concil. Chalced. act. 1. scribens b De Concord, lib. iii. c. 16.
ad Dioseorum Alex. Leo, Epist. 21. torn.
i. Epist. RR. PP.

366 ON THE SUPREME [BP. TAYLOR.
As the Emperors did convene, so they did dismiss the
Ecclesiastical conventions ; as appears in the acts of the
Ephesian Council, where the Fathers petition the Emperor
that he would free them from that place, and give them
leave to wait upon him to see his face, or at least he would
dismiss them and send them home to their own Churches.3
The same petition was made by the Bishops at Ariminum
to the Emperor Constantius, and by the Fathers at the
Council of Chalcedon to Martianus. b But these things did
never please the Italians after their Patriarch began to set
up for Ecclesiastical monarchy; and they, as soon as they
could, and even before their just opportunities, would be
endeavouring to lessen the Imperial power, and to take it
into their own hands. But this is one of the things that
grew to an intolerable mischief, and was not only against
the practice of the best ages, and against the just rights of
Emperors, but against the doctrine of the Church.
For St. Jerome, reproving Ruffinus, who had quoted
the authority of some Synod, I know not where, St. Jerome
confutes him by this argument, Quis Imperator jusserit hanc
Synodum congregarif There was no such Synod, for you
cannot tell by what Emperor's command it was convened.
To this purpose there was an excellent epistle written by
certain Bishops of Istria to Mauricius the Emperor, enu
merating from the records of the Church the convention of
Ecclesiastical Councils to have been wholly by the Emperor's
disposition ; in which, also, they dogmatically affirm, Sem
per Deus prcesentia Christianoruni Prindpum contentiones
Ecclesiasticas sedare dignatur, " God does always vouchsafe
to appease Church quarrels by the presence of Christian
Emperors ;"d meaning that by their authority the Conciliary
definitions passed into laws. But who please to see more
particulars relating to this inquiry, may be filled with the
sight of them in the whole third book of William Ranchin's
Review of the Council of Trent.
a Vide etiam Baron, torn. v. a.d. 441. c Apol. ad. Ruffin. lib. ii.
num. 103. Theod. lib. ii. c. 19, 20. a Apud Baron, a. jj. 590. torn. viii.
b Fine 6. act. num. 40.

BP. TAYLOR.] CIVIL POWER. 367

The supreme Civil Power hath a Power of external Judq-
ment in Causes of Faith.
This relies upon the former reasons, that, since propositions
of religion and doctrines of theology have so great influence
upon the lives of men, upon peace and justice, upon duty
and obedience, it is necessary that the supreme Civil power
should determine what doctrines are to be taught the people,
and what to be forbidden. The Princes are to tell what
religions are to be permitted, and what not ; and we find
a law of Justinian forbidding anathemas to be pronounced
against the Jewish Hellenists3; for the Emperors did not
only permit false religions with impunity, but made laws
even for the ordering their assemblies, making Ecclesiastical
laws for enemies of true religion ; so necessary it is for
Princes to govern all religion and pretences of religion
within their nations. This we find in the Civil law in the
title of the code De Judceis in many instances. A law was
made by Justinian also that none should be admitted into
the Jewish Synagogues that denied angels, or the resur
rection, or the day of judgment. Thus the Civil power
took away the churches from the Maximianistee, because
they were an under sect of the Donatists condemned by their
superiors. But then that the Christian Princes did this,
and might do this and much more in the articles of true
religion, is evident by many instances and great reason.
There is a title in the first book of the code, Ne sacro-
sanctum baptisma iteretur, against the Anabaptists. b Charles
the Great made a decree against the worshipping of images,
and gave sentence against the second Nicene Council in
that particular ; and Sozomen reports that Constantine cut
off unprofitable questions to prevent schisms in the Church ;
which example our Kings of England have imitated by for
bidding public preachers or divines in schools to meddle in
the curious questions of predestination. Thus the public
laws of a nation often declare who are and who are not
heretics ; and, by an Act of Parliament in England, they
¦ Novel. 146. b Vide 1. nemo. ff. de Summa Trini-
tate.

368 ON THE SUPREME [BP. TAYLOR.
only are judged heretics who for such were condemned by
the four general Councils. Upon this account many Princes
have forbidden public disputations in matters of religion.
To this purpose there was a law of Leo and Anthemius, 1. qui
in Mon. c. de Episc. et Clericis3-; and Andronicus the
Emperor, hearing some Bishops disputing with some sub-
tilty upon those words, " My father is greater than I,"
threatened to throw them into the river if they would not
leave such dangerous disputations. Heraclius the Emperor
forbade any of those nice words concerning Christ to be
used : some did use to say that in Christ there was a single
energy, some said there was a double ; but the Emperor
determined the question well, and bade them hold their peace
and speak of neither ; for, as Sisinnius said to Theodosius,
Disputando de sacris accendi tantum contentionem, ' There
is nothing got by disputations but strife and contention,' and
therefore Princes are the best moderators of Churchmen's
quarrels, because Princes are bound to keep the peace. And
consonantly to this Isidore spake well, Sane per regnum ter-
renum cmleste regnum proficit ut qui intra Ecclesiam positi
contra fidem et disciplinam Ecclesice agunt, rigore prind
pum conterantur, ipsamque disciplinam quam Ecclesia? hu-
militas exercere non prcevalet, cervicibus superborum potestas
principalis imponot? The civil power advances the interests
of the heavenly Kingdom by punishing them who sin against
the faith and discipline of the Church ; if they be intra Ec
clesiam, " within the Church," their faith and manners both
are subject to the secular judgment.
But not only so, but they are to take care to secure and
promote the interest of truth ; for though, as St. Paul says,
" doubtful disputations do engender strife," yet we must
" contend earnestly for the faith," with zeal, and yet with
meekness too ; and therefore that matters of faith and doc
trines of good life be established, it is part of the Prince's
duty to take care.0 According to which we find that when
a Nicet. Choniat. solo sacrificandi excepto ministerio, re-
b Can. 23. q. 5. u. Principes. liqua Pontificialia piivilegia Imperator
c Imperator, ut communis hno-rrifiov- repreesentat. — Demetu. Chomaten. in
apxns existens et nominatus, Synodalibus resp. Orien. Evagrius Leonis Imp.
prajest sententiis et robur tribuit, Eccle- Concilii Chalced. approbationem vocat
siasticos ordines componit, et legem dat decisionem de fide, lib. iii. c. 4. et c. 5.
vita; politiajque eorum qui altari ser- Videat lector totum hujus rei processum
viunt. Et rursus ut uno verbo dicam, ex 1. 1. Heraclii, incip. Cum sanctus,

BP. TAYLOR.] CIVIL POWER. 369
a rumour was spread that brought Pope Pelagius into sus
picion of heresy, King Childebert sent Rufinus to him to
require him either to recite and profess the tome of St. Leo,
in which there was a good confession of faith, or else that
he should do the same thing in his own words. Pope
Pelagius sent this answer : Satagendum est ut pro aiife-
rendo suspicionis scandalo obsequium conj'essionis nostrce
Regibus ministremus, quibus etiam nos subditos esse sacree
Scriptures prcecipiunt, " We must take care that, for the
avoiding suspicion, we exhibit to Kings the duty of our con
fession, for to them the Holy Scriptures did command even
us to be obedient."" And not only for the faith of Bishops,
and even of Popes, but for their manners also Kings were
to take care, and did it accordingly. Justinian made laws
that Bishops should not play at dice nor be present at public
spectacles ; and he said of himself, maximum habere se sol-
licitudinem circa vera Dei dogmata, et circa Sacerdotum
honestatem, " that his greatest care was about the true doc
trines of God, and the good lives of Bishops." b
I do not intend by this, that whatsoever article is by
Princes allowed is therefore to be accounted a part of true
religion, for that is more than we can justify of a definition
made by a Synod of Bishops : but that they are to take care
that true doctrine be established ; that they that are bound to
do so must be supposed competent judges what is true doc
trine, else they guide their subjects, and somebody else rules
them, and then who is the Prince ? By what means and
in what manner the Civil power is to do this I am to set
down in the next Rule ; but here the question is of the
power, not of the manner of exercising it : and the answer
is, that this power of judging for themselves and for their
people is part of their right ; that no article of religion can
become a law unless it be decreed by God, or by the Prince ;
that the Bishop's declaration is a good indication of the law
inter Constit. Imperial. Cum S. (inquit) eique Johannes Papa Romanus assensus
Sophronius, tunc summo Sacerdotio fun- esset, Imperator edictum proponit, Neque
gens Hierosolymis, subjectis sibi sacer- singularem, neque duplicem in Christo
dotibus convocatis Synodice demonstras- energiam esse asserendam.
set eos qui unam in duabus Christi naturis a Can. 25. q. 1. c. Satagendum.
voluntatem atque energiam affirmarent b Novel. 123. c. 10.
palam unam quoque naturam statuere,
VOL. III. B B

370 ON THE SUPREME [BP. TAYLOR
of God, but that the Prince's sanction makes it also become
a law of the commonwealth : that the Prince may be de
ceived in an article of religion is as true as that he may be
deceived in a question of right, and a point of law ; yet his
determination hath authority, even when a better proposition
wants it : that error must serve the ends of peace, till by the
doctrines of the wiser Ecclesiastics the Prince, being better
informed, can by truth serve it better.

Rule VIII.
The supreme Civil Power is to govern in Causes Eccle
siastical by the means and measures of Christ's institution,
that is, by the assistance and ministries of Ecclesiastical
persons.
Kings are supreme judges of the law ; for cujus est loqui
ejus est interpretari, " he that speaks, best knows his own
meaning :" and the law-giver is certainly his own best inter
preter. But in cases where there is doubt, the supreme Civil
power speaks by them whose profession it is to understand
the laws. And so it is in religion. The King is to study
the law of God ; nee hoc Mi dictum ut totus ab alieno ore
pendeat, ipseque a se nihil dijudicet, said that learned Pre
late of Winchester, " not that he should wholly depend in
religion upon the sentences of others, but be able of himself
to judge." a But where there is difficulty, and that it be fit
that the difficulty be resolved, there the supreme Civil power
is to receive the aid of the Ecclesiastic, from whose mouth
the people are to require the law, and whose lips by their
office and designation are to preserve knowledge. The
Doctors of the Jews tell that when Jephthah had made a
rash vow, he might have been released if he had pleased :
for if a horse had first met him, he had not been bound to
have offered it to God ; but it must have been sold, and a
sacrifice be bought with the price ; and much more must a
man or a woman have been redeemed. But because Jeph
thah was a Prince in Israel, he would not go to Phineas the
a Tortur. Tort.

BP. TAYLOR.] CIVIL POWER. 371
High Priest to have had his vow interpreted, commuted, or
released. Neither would Phineas go to him, because he
was not to offer his help till it was implored. Phineas did
not go to Jephthah, for he had no need, he had no business :
and Jephthah would not go to Phineas, because he was the
better man. In the mean time the virgin died, or, as some
say, was killed by her father : but both Prince and Priest
were punished, Jephthah with a palsy, and Phineas was
deprived of the Spirit of God. For when the Prince needs
the Priest he must consult him ; and whether he consults
him or no, the Priest must take care that no evil be done by
the Prince, or suffered by him for want of counsel.
But the Prince's office of providing for religion, and his
mauner of doing it in cases of difficulty are rarely well dis
coursed of by Theodosius the Younger in a letter of his to
St. Cyril, of which I have formerly mentioned some portions :
Pietatis doctrinam in sacra Synodo in utramque partem
ventilatam eatenus obtinere volumus quatenus veritati et
rationi consentaneum esse judicabitur, " the doctrine of
godliness shall be discussed in the sacred Council, and it
shall prevail or pass into a law so far as shall be judged
agreeable to truth and reason ; " where the Emperor gives
the examination of it to the Bishop to whose office and calling
it does belong : but the judgment of it and the sanction are
the right of the Emperor, who would see the decrees should
be established if they were true and reasonable. The judg
ment I say was the Emperor's, but in his judgment he would
be advised, taught, and established by his Bishops. Sed nee
earn doctrinam indiscussam patiemur ; cui dijudicandce eos
prcefid oportet qui sacerdotiis ubivis gentium prcesident, per
quos et nos quoque in veritatis sententid stabilimur, et
magis magisque identidem stabiliemur, " that doctrine that
is in question we will not suffer to escape examination ; but
those shall be presidents of the judgment who in every nation
are the appointed Bishops, by whom we also ourselves are
confirmed in the true religion, and hope every day to be more
and more established."
When the supreme power hath called in the aid and office
of the Ecclesiastic, good Princes use to verify their acts
accordingly, to establish their sentences, to punish the convict,
E B 2

372 ON THE SUPREME [BP. TAYLOR
to exterminate heretics, and suppress their doctrines. Thus
Honorius and Arcadius the Emperors by an edict repressed
Pelagius and Cselestius, whom the Bishops had condemned ;
Constantine, after the sentence of the Nicene Fathers against
Arius, banished him.a Theodosius the Elder having diligently
conferred with the orthodox Bishops, and heard patiently
what the others could say, by a law forbad them to have pub
lic assemblies who denied the consubstantiality of the Son
with the Father. Per consilium sacerdotum et optimatum
ordinavimus, constituimus, et diximus ; it was the style of
King Pepin in the Council of Soissons. And of this nature
the instances are very numerous. For semper studium fuit
orthodoxis et piis Imperatoribus pro tempore exortas hcereses
per congregationem religiosissimorum Archiepiscoporum am-
putare, et recta fide sincere^ prcedicata in pace sanctam Dei
Ecclesiam custodire, said Theodorus Silentiarius.b All the
pious and orthodox Emperors did use this instrument and
manner of proceeding, for the cutting off heresies, and the
sincere publication of the faith, and the conservation of the
Church in peace.
But that this manner of empire may not prejudice the
right of the empire, it is to be observed that in these things
the Emperors used their own liberty, which proved plainly
they used nothing but their own right. For sometimes they
gave toleration to differing sects, sometimes they gave none ;
sometimes they were governed by zeal, and sometimes by
gentle counsels, only they would be careful that the disputes
should not break the public peace : but for their punishing
recusants and schismatics they used their liberty ; so we find
in the Acts of the great Ephesian Council, that Theodosius II.
resolved of one, but not upon the other. At vero sive Mi
veniam impetraturi sint qui a Patribus victi discedent, sive
non, nos sane civitates simul et Ecclesias conturbari nequa-
quam sinemus, " Whether those who are convict of heresy
by the Fathers shall be pardoned yea or no, yet we will
be sure not to suffer the republic or the Churches to be
disturbed." This I observe now in opposition to those bold pretences
» Sozom. lib. vii. t. 12. b I„ 5. Synod. Constant.

BP. TAYLOR.] CIVIL POWER. 373
of the Court of Rome, and of the Presbytery, that esteem
Princes bound to execute their decrees, and account them
but great ministers and servants of their sentences. Now if
this be true, then Princes must confirm all that the Clergy
decrees : if all, then the supreme Prince hath less than the
meanest of the people, not so much as a judgment of dis
cretion ; or if he have, it is worse, for he must not use his
discretion for the doing of his duty, but must by an implicit
faith and a blind brutish obedience obey his masters of the
consistory or assembly. But if he be not bound to confirm
all, then I suppose he may choose which he will, and which
he will not : and if so, it is well enough ; for then the
supreme judgment and the last resort is to the Prince, not
to his clerks. And that Princes are but executioners of the
Clergy's sentences is so far from being true, that we find
Theodosius refusing to confirm the Acts of the great Ephesian
Council3 : for having been informed, though falsely, that
affairs were carried ill, he commanded the Bishops to resume
the question of the Nestorians : for their acts of condem
nation against them he made null, and commanded them to
judge it over again, and that till they had done so, they
should not stir to their bishoprics. The ministry was the
Bishop's all the way, but the external judgment and the legis
lative was the Prince's. So Charles the Great reformed the
Church, Episcopos congregavi, Sec? " I convocated the Bishops
to counsel me how God's law and Christian religion should
be recovered. Therefore, by the counsel of my religious
Prelates and my Nobles, we have appointed Bishops in every
city, and Boniface their Archbishop, and appoint that a Synod
shall be held every year, that in our presence the canonical
decrees and the rights of the Church may be restored, and
Christian religion may be reformed." But because this must
be evident as a consequent of all the former discourses upon
this question, it will be sufficient now to sum it up with the
testimony of St. Augustin, writing to Emeritus the Donatist :
Nam et terrenes potestates cum schismaticos persequuntur
ed reguld se defendunt, quia dicit Apostolus, Qui potestati re-
sistit, Dei ordinationi resistit. . . . Non enim frustra gladium
* Apud acta Concil. Ephes. in liter. b Apud Surium die 5. Jun.
Theod. 3. Synod. B B 3

374 ON THE SUPREME [BP. TAYLOR.
portat, " When the Civil power punishes schismatics they
have a warrant from an Apostolical rule, which says, ' he that
resists, resists the ordinance of God : for they bear not the
sword in vain.' " It is not therefore by a commission or a
command from the Church that they punish schismatics, but
constituunt adversus vos pro sua sollicitudine ac potestate
quod volunt, " they decree what they please against them
according to their own care and their own power." 3
So that when it is said that Princes are to govern their
Churches by the consent and advice of their Bishops, it is
meant not dejure stricto, but de bono et laudabili. It is fit
that they do so, it is the way of Christ's ordinary appoint
ment, " He that heareth you heareth me :" and to them a
command is given, " to feed all the flock of Christ." In
pursuance of which it was a famous rescript of Valenti
nian I., cited by St. Ambrose, In causa fidei vel Ecclesias-
tici alicujus ordinis eum judicare debere qui nee munere
impar sit, nee jure dissimilis? These are the words of the
rescript ; that is, he would that Bishops should judge of
Bishops ; and that in causes of faith or the Church, their
ministry should be used, whose persons, by reason of the like
employment, were most competent to be put in delegation.
But to the same purpose, more of these favourable edicts
were made in behalf of the Church by Theodosius and
Valentinian II., by Arcadius, Honorius, and Justinian ; and,
indeed, besides that it is reasonable in all cases, it is neces
sary in very many ; because Bishops and Priests are the most
knowing in spiritual affairs, and therefore most fit to be
counsellors to the Prince, who oftentimes hath no great
skill, though he have supreme authority.0 I remember that
when Gellius, the praetor, was sent proconsul into Greece d,
he observed that the scholars at Athens did perpetually
wrangle and erect schools against schools, and divided their
philosophy into sects ; and therefore sending for them, per
suaded them to live quietly and peaceably, and to put their
questions to reference or umpirage, and in it offered his own
assistance ; but the scholars laughed at his confident offer to
° Epist- 164. vel. Valen. de Episc. Jud. 1. graviter.
b Lib. v. Epist. 32. ibid. Novel. 89.
" Lib. i. Cod. Theod. de Relig. No- d Cicer. lib. i. De Leg.

BP. TAYLOR.] CIVIL POWER. 375
be a moderator in things he understood no more than his
spurs did. He might have made them keep the peace and
at the same time make use of their wit and his own authority.
And although there may happen a case in which Princes
may, and a case in which they must, refuse to confirm the
synodical decrees, sentences, and judgments of ecclesiastics ;
yet unless they do with great reason and upon competent
necessity, they cannot do it without great scandal, and some
times great impiety. But of this I shall discourse in the next
chapter. For the present, I was to assert the rights of
Princes, and to establish the proper foundation of human
laws, that the conscience may build upon a rock, and not
trust to that which stands upon sand, and trusts to nothing.
I have been the larger upon these things, because the
adversaries are great and many, and the pretences and the
challenges high, and their opposition great and intricate, and
their affrightments large, for they use something to persuade,
and something to scare the conscience. Such is that bold
saying of Pope Leo X. : A jure tarn divino quam humano
laicis potestas nulla in Ecclesiasticas personas attributa est,
" Both by Divine and human laws, Ecclesiastics are free
from all secular power."3 But fierce and terrible are the
words of the Extravagant Unam sanctam. Porro subesse
Romano Pontifici ornnem humanam creaturam declaramus,
dicimus, definimus et pronunciamus omnino esse de necessi
tate salutis, " That every man should be subject to the
Bishop of Rome, we define, we say, we declare and pro
nounce to be altogether necessary to salvation." This,
indeed, is high, but how vain withal, and trifling and unrea
sonable, I have sufficiently evidenced. So that now the
conscience may firmly rely upon the foundation of human
laws, and by them she is to be conducted not only in Civil
affairs, but Ecclesiastical, that is, in religion as well as justice ;
and there is nothing that can prejudice their authority, unless
they decree against a law of God; of which, because
Ecclesiastical persons are the preachers and expositors by
ordinary Divine appointment, Princes must hear Bishops, and
Bishops must obey Princes ; or because audire et obaudire,
a Concil. Later, sub Leon. X.
IS £ 4

376 ON THE SUPREME CIVIL POWER. [BP. TAYLOR.
"to hear and to obey," have great affinity, I choose to end
this with the expression of Abbot Berengar, almost 1100
years ago : Sciendum est quod nee Catholicce fidei nee
Christiance contrarium est legi, si ad honorem regni et
sacerdotii Rex Pontifici et Pontifex obediat Regi, " It is
neither against the Catholic faith nor the Christian law that
the Prince obey the Bishop, and the Bishop obey the Prince;"3
the first is an obedience of piety, and the latter of duty ; the
one is justice, and the other is religion.
» Lib. De Myster. sign, in Bibliotb. SS. PP.

BP. ANDREWES.] OF CONVOCATION. 377

VIII.
OF CONVOCATION*
[BP. ANDREWES.]

Numb. x. 1, °2.
Then God spake to Moses, saying, Make thee two trumpets
of silver, of one whole piece shalt thou make s>-,-Dt, -l .,_.
them. And thou shalt have them (or they :rnj/n
shall be for thee) to assemble (or call together) the con
gregation, and to remove the camp.
Among divers and sundry commissions granted in the law,
for the benefit and better order of God's people,
this which I have read is one, given, as we gran
see, per ipsum Deum, " by God Himself ; " and that
vivce vods oraculo, by express warrant from
" His own mouth, then God spake to Moses,
saying." And it is a grant of the right and power of the trumpets,
and with them, of assembling; the people of
^, , . ^ i ii'ii Or the power
(jod ; a right and power not to be lightly ac- 0f calling as-
counted of, or to be heard of with slight at- se™blies-
. . ,, -ii The grant of
tention : it is a matter or great weight and con- this power a
sequence, the calling: of assemblies.3 There is matter of im-
i ' portanc&.
yearly a solemn feast holden in memory of it,
and that by God's own appointment, no less than of the
* [A Sermon preached before the King's Majesty at Hampton Court, on
Sunday, the 28th September, 1606.]
0 Numb, xxix. 1.

378 OF CONVOCATION. [BP. ANDREWES.
passover, or of the law itself, even the feast of the trumpets,
much about this time of the year, the latter equinoctial ; and
God appointeth no feast, but in remembrance of some
special benefit. It is therefore one of his special benefits
and high favours vouchsafed them, and to be regarded ac
cordingly. This power hitherto, ever since they came out of Egypt,
and that God adopted them for His people, unto
hands this this very day and place had God kept in His
power was own hands, as to Him alone of right properly
belonging. For unto this very day and place
the people of God, as they had assembled many times and
oft ; so it was ever (they be the very last words of the last
chapter, which serve for an introduction to these of ours)
all their meetings and removings were, by immediate war
rant from God Himself.8 But here now, God no longer
intending thus to warrant them still by special direction from
His ownself, but to set over this power, once for all : here
He doth it. This is the primary passing it from God, and
deriving it to Moses, who was the first that ever held it by
force of the law written. For, to this place they came by
the sound of God's, and from this place they dislodged by
the sound of Moses' trumpet.5
And it is a point very considerable what day and place
The time and tn's was : f°r i* appeareth, they were yet at
place of the Sinai, by the 12th verse ; yet, at the very Mount
!ting" of God, by the 33d of this chapter, even then,
when this commission came forth : so that this power is as
ancient as the law. At no other place, nor no other time
delivered, than even the law itself: when the two tables were
given, the two trumpets were given, and Moses that was
made keeper of both the tables, made likewise keeper of both
the trumpets, both at Sinai, both at one time, as if there
were some near alliance between the law and assemblies.
And so there is : assemblies being ever a special means to
revive the law as occasions serve, and to keep it in life, as
if the law itself therefore lacked yet something, and were
not perfect and full without them ; so, till this grant was
¦ Numb. ix. 18. 20. 23. t, Exod. xix_ ,3.

BP. ANDREWES.] OF CONVOCATION. 379
passed, they stayed still at Sinai, and so soon as ever this
was passed, they presently removed.
To entreat then of this power. The story of the Bible
would serve Our turn to show us who have had the exercise
of it in their hands, from time to time, if that were enough.
But that is not enough ; for, the errors first and last about
this point, from hence they seem to grow, that men look
not back enough ; have not an eye to this, how it was in
the beginning, by the very law of God.a Being therefore to
search for the original warrant, by which the This th ori_
assemblies of God's people are called and kept ; ginai grant of
this place of Numbers is generally agreed to be lt-
it ; that here it is first found, and here it is first founded,
even in the law, the best ground for a power that may be.
In lege quid scriptum est? quomodo legisf saith our Sa
viour, " What is written in the law ? how read you there ?" b
as if He should say, if it be to be read there, it is well ;
then must it needs be yielded to ; there is no excepting to it
then, unless you will except to law, and lawgiver, to God
and all. Let us then come to this commission.
The points of it be three : — First, two trumpets of silver,
to be made out of one whole piece, both. Se- The parts of
condly, with these trumpets, the congregation to the £rant-
be called, and the camp removed. Thirdly, Moses to make
these trumpets, and being made, to use them to these ends.
These three : 1. The instrument. 2. The end for which.
3. The party to whom.
Now, to marshal these in their right order : — 1 . The
end is to be first, sapiens semper incipit a fine, saith the
philosopher, " a wise man begins ever at the end ; " for that,
indeed, is causa causarum, as logic teacheth us, " the cause
of all the causes ; " the cause that sets them all on working.
2. Then next, the instrument, which applieth this power
to this end. 3. And so last, the agent, who is to guide the
instrument, and to whom both instrument and power is com
mitted. J . The end, for which this power is conveyed, is double,
as the subject is double whereon it hath his operation : 1. The
a Matt. xix. 4. b Luke, x. 26'.

1 I

380 OF CONVOCATION. [BP. ANDREWES.
camp ; and 2. The congregation. On either of these a special
act exercised : to remove the camp, to call together the con
gregation, one for war, the other for peace.
That of the camp hath no longer use than while it is war.
God forbid that it should be long ; nay, God forbid it
should be at all. The best removing of the camp is the
removing of it quite and clean away. But " if it be not pos
sible, if it lie not in us, to have peace with all men,"3 if war
must be, here is order for it. But the calling of the con
gregation, that is it : that is to continue, and therefore, that
which we have to deal with.
The calling of the congregation (as in the two next
verses) either in whole or in part, either of all the tribes, or
but of the chief and principal men in them. A power for
both these ; and (in a word) a power general, for calling
assemblies : assemblies in war, assemblies in peace, assem
blies of the whole, assemblies of each or any part.
2. This power to be executed by instruments ; the instru
ments to be trumpets, two in number : those to be of silver,
and both of one entire piece of silver.
3. This power, and the executing of it by these instru
ments, committed to Moses, First, he to have the making
of these trumpets : fac tibi ; then, he to have the right to
them being made : et erunt tibi ; then, he to use them to
call the congregation, and if need be, to remove the camp.
None to make any trumpet but he ; none to have any trum
pet but he ; none to meddle with the calling of the congre
gation, or removing the camp with them but he, or by his
leave and appointment.
Wherein, as we find the grant full, so are we further to
search and see, whether this grant took place or no ; whether
as these trumpets were made and given to call the congre
gation, so the congregation, from time to time, have been
called by these trumpets ; and so first of the granting this
power to be executed, and then of the executing this power
so granted. So have we two subjects : the camp and the congregation.
Two acts : to assemble and to remove. Two instruments :
¦ Rom. xii. 18.

BP. ANDREWES.] OF CONVOCATION. 381
the two silver trumpets. Two powers : to make them,to
owe them being made, for the two acts or ends before
specified, first, for calling the assembly, and then for dis
lodging the camp, and all these committed to Moses. The
sum of all is, the establishing in Moses the prerogative and
power of calling and dissolving assemblies about public
affairs.
Then God spake to Moses, cfc.
If we begin with the end, the end is assembling ; assem
bling is reduced to motion : not to every motion, AssemHin„ B
but to the very chiefest of all, as that which motion extra-
draweth together all, and so at once moveth all" or inary'
For as in the soul, when the mind summoneth all the powers
and faculties together ; or in the body, when all the sinews
join their forces together, it is ultimum potentice ; so in the
body politic, when all the estates are drawn together into
one, it is nixus rather than motus, a main sway rather than
a motion ; or, if a motion, it is motus magnus, no common
and ordinary, but an extraordinary great motion. Such a
motion is assembling, and such is the nature of it.
Yet, even this (great and extraordinary as it is) such and
so urgent occasions may, and do daily arise, as „,
0 . . . . , . , J iii Yet necessary
very requisite it is, such meetings there should
be ; very requisite, I say, both in war and in peace, both
for the camp and for the congregation. The „
i i /. 1 ii v for the camp.
ground whereor seemeth to be, that power dis
persed may do many things ; but to do some, it must be
united. United in consultation ; for that which one eye
cannot discern, many may. United in action ; for the con-
for many hands may discharge that by parts, gregation,
which in whole were too troublesome for any. But action is
more proper to war : that is the assembly of fortitude ; and
consultation rather for peace : that is the assembly of pru
dence ; and in peace, chiefly for making of laws, for that
every man is more willing to submit himself to that whereof
all do agree. The whole camp, then, when it is assembled,
will be the more surely fortified ; and the whole congre
gation, when it is assembled, will be the more soundly ad-

382 OF CONVOCATION. [BP. ANDREWES.
vised. And hereby it cometh to pass, that there ever hath,
and ever will be, great use of calling assemblies.
Let me add yet one thing further, to bring it home to
Es eciaii for ourselves. There is no people under heaven may
this land of better speak for the use of assemblies than we.
Britain. There was nothing that did our ancestors the
Britons more hurt (saith Tacitus a of them), nothing that
turned them to greater prejudice than this one, that they
met not, they consulted not in common, but every man ran
a course by himself of his own head ; and this was the
greatest advantage the Roman had of them : they were not
so wise as to know what good there was in public conven
tions. Therefore, great use of assemblies, may we say of
all others.
Now, if they be needful for the camp, and for the con
gregation, as it is a civil body, I doubt not but I may add,
Necessary for also every way as needful for the congregation,
the Church. properly so called (that is) the Church. The
Church hath her wars to fight ; the Church hath her laws
to make.Wars with heresies : wherein experience teacheth us, it
is matter of less difficulty to raze a good fort, than to cast
down a strong imagination ; and more easy to drive out of
the field a good army of men, than to chase out of men's
minds a heap of fond opinions, having once taken head.
Now, heresies have ever been best put to flight by the
Church's assemblies, that is, Councils, as it were by the
armies of God's angels (as Eusebius b calleth them) : yea, it
is well known some heresies could never be thoroughly mas
tered or conquered but so.
Then for the Church's laws (which we call Canons and
Rules), made to restrain or redress abuses : they have always
likewise been made at her assemblies in Council, and not
elsewhere. So that, as requisite are assemblies for the
congregation in this sense as in any other. By this, then,
that hath been said, it appeareth that God's fac tibi here is
no more than needs ; but that meet it is the trumpets be put
a Nee aliud adversus validissimas ventus. Ita dum singuli pugnant, uni-
gentes, pro nobis utilius, quam quod in versi vincuntur  In vita Agric.
commune non consulunt. Rams ad pro- b De Vita Constant™, lib. iii. t. 6.
pulsandum commune periculum Con-

BP. ANDREWES.] OF CONVOCATION. 383
to making ; and so I pass over to the instruments, which is
the second part.
Assembling, we said, is reduced to motion. Motion is a
work of power. Power is executed orqanice,
,1 .. • v • . • Instruments.
that is, by instrument : so, an instrument we
must have, wherewithal to stir up, or to begin this motion.
1. That instrument to be the trumpet. It is the sound
that God himself made choice of, to use at the
publishing or proclaiming His Law; and the rumpe ¦
same sound He will have continued and used still for assem
blies, which are, as hath been said, special supporters of His
Law ; and the very same He will use, too, at the last, when
He will take account of the keeping or breaking of it, which
shall be done in tuba novissimd, " by the sound of the last
trump." a And He holdeth on or continueth one and the
same instrument, to show it is one and the same power that
continueth still ; that, whether an Angel blow it, as at Sinai,
or whether Moses, as ever after, it is one sound, even God's
sound, God's voice, we hear in both.
2. They are to be twain, for the two assemblies, that
follow in the next verses. Either of the whole
tribes, coagmentative ; or of the chief and choice
persons of them only, representative. And for the two
tables also ; for even this very month, the first day, they are
used to a civil end ; the tenth day to a holy, for the day of
expiation, of which this latter belongeth to the first, that
former to the second table.
3. They are to be of silver (not to seek after speculations)
only, for the metal's sake, which hath the shrillest
and clearest sound of all others.
4. They are to be of one whole piece both of them, not of
two diverse ; and that must needs have a mean- of one entire
ing, it cannot be for nothing ; for, unless it were Piece-
for some meaning, what skilled it else, though they had been
made of two several plates, but only to show that both
assemblies are unius juris, both of one and the same right,
as the trumpets are wrought and beaten out, both of one
entire piece of bullion. a 1 Cor. xv. 52.

384 OF CONVOCATION. [BP. ANDREWES.
But it will be to small purpose to stand much upon the
instrument. I make way therefore to the third point : how
they shall be bestowed, who shall have the dealing with them,
for on them depends, and with them goeth the power of
calling assemblies.
First, to whom these trumpets, to whom this power was
To whom granted, to call the congregation : and then,
committed. whether the congregation were ever after so
called by this power and these trumpets.
1. Where first, it will be soon agreed, I trust, that every-
body must not be allowed to be a maker of
trumpets : nor, when they be made, that they
hang where who that list may blow them : that is, that
every man, hand over head, is not to be in case to draw
multitudes together : " There will be," saith St. Luke, tur-
batio non minima, "no small ado if that may be suffered."3
If Demetrius getting together his fellow-craftsmen, they
may of their own heads rush into the common hall, and
there keep a shouting and crying two hours together, not
knowing, most of them, why they came thither, and yet
thither they came. There is not so much good in public
meetings, but there is thrice as much hurt in such as this :
no commonwealth, no not popular estates, could ever endure
them. Nay, TvdvTu. xaTa tol^iv (say both Scripture and
Nature), "let all be done in order:"" let us have, ivvop.ov
Exx~Kv\o-laLV, " lawful orderly assemblies," or else none at all.
Away, then, with this confusion, to begin with : away with
Demetrius assemblies.
To avoid, then, this confusion some must have this power,
for and in the name of the rest. Shall it be
But some. „ „ , _. T .
one, or more r tor that is next. .Nay, but one,
saith God, in saying Tibi. Where I wish you mark
Some, not this : that as at the first He took this power
many, but one. [nio jjjs own ]iands, and called them still together
Himself ; so here He deriveth this power immediately from
Himself unto one, without first settling it in any body
collective at all.
It is from our purpose to enter the question, whether the
a Acts xix. 23. b Acts, xix. 36.

BP. ANDREWES.] OF CONVOCATION. 385
power were in the whole body originally ? seeing, though
it were, it is now by the positive ordinance of God otherwise
disposed. The reason may seem to be partly necessity of
expedition : the trumpets may need to be blown sometimes
suddenly, sooner than divers can well meet, and agree upon
it too. Partly, avoiding of distraction, the two trumpets
may be blown two diverse ways, if they be in two hands ;
and so shall the trumpet give "an" uncertain sound,"3 and
how shall the congregation know whither to assemble ?
Nay (a worse matter yet than all that), so may we have
assembly against assembly ; and rather than so, better no
assembly at all.
Therefore, as God would have them both made of one
piece, so will He have them both made over to That one
one person, for tibi implieth one. Who is that ^oses-
r * jt m Moses to be
one ? It is to Moses God speaketh, to him is maker of
this tibi directed : him doth God nominate, and them'
of his person make choice first to make these trumpets.
No man to make, no man to have the hammering of any
trumpet but he.
And there is no question but for Aaron and his sons the
Priests : they are to call the Levites, to call the people
together to their assemblies. How shall they warn them to
gether, unless they may make a trumpet too ? But if there
be any question about this, God's proceeding here will put
all out of question. For to whom giveth He l .,_.
this charge ? Not to Aaron is this spoken, but And owner of
to Moses : Aaron receiveth no charge to make em'
any trumpet : never a foe tibi to him ; neither in this nor
in any other place. To Moses is this charge given. And
to Moses : not make thee one (one for secular affairs, that
they would allow him), but foe tibi duas : make thee two,
make both.
2. Well, the making is not it. One may make, and
another may have, sic vos non vobis. You know the old
verse. When they be made and done, then who shall own
them? It is expressed that, too, Et erunt tibi, "they
shall be for thee." They shall be, not one for thee and
1 Cor. xiv. 8.
VOL. III. C C

386 OF CONVOCATION. [BP. ANDREWES.
another for Aaron ; but erunt tibi, " they shall be both for
thee:" they shall be both thine. A third if they can find,
they may lay claim to that ; but both these are for Moses.
We have, then, the delivery of them to Moses, to make
which is a kind of seisin, or a ceremony investing him with
the right of them. We have, besides, plain words to lead
their possession ; and those words operative, erunt tibi.
That as none to make them, so none to own them being
made but Moses. And what would we have more to show
us, cujus sunt tubce, " whose the trumpets be : " or whose is
the right of calling assemblies ? It is Moses' certainly,
and he by virtue of these stands seised of it.
To go yet further : but was not all this to Moses for his
That power to tmie OIUy ' ant^ as ^ Degun in him so to take
continue after end with him ? Was it not one of these same
oses' privilegia personalia, quce non trahuntur in ex-
emplum; a privilege peculiar to him, and so no precedent
to be made of it ? No ; for if you look but a little forward
(to the eighth verse following), there you shall see that this
power which God here conveyeth, this law of the silver
trumpets, is a law to last for ever ; even throughout all
their generations, not that generation only. And there is
great reason it should be so, that seeing the use should
never cease, the power likewise should never determine.
Being then not to determine, but to continue, it must
Moses received descend to those that hold Moses' place. I
it as chief demand, then, what place did Moses hold ?
magistrate. gure jt jg ^^ Aarori wag nQW the JJjgn prjestj
anointed and fully invested in all the rights of it ever since
the eighth chapter of the last book. Moses had in him
now no other right but that of the chief magistrate. There
fore, as in that right, and no other, he received and held
them, so he was made custos utriusque tabulce ; so he is
made custos utriusque tubce. But who can tell us better
than he himself in what right he held them ? He doth it
in Deut, xxxiii. 3. (read it which way you will), Erat in
Jeshuron Rex ; or, in rectissimo Rex ; or, in rectitudine
Rex ; or, in recto Regis, dum congregaret Principes po-
puli, et tribus Israel. All come to this, that, though in
strict propriety of speech Moses was no King, yet in this

BP. ANDREWES.] OF CONVOCATION. 387
he was in rectitudine Rex, or in recto Regis ; that is, in
this had (as we say) jus regale, that he might and did
assemble the tribes, and chief men of the tribes, at his
pleasure. Herein he was Rex in rectitudine ; for this was
rectitudo Regis, " a power regal." And so it was holden
in Egypt before Moses, even in the law of Nature : that
without Pharaoh no man might " lift up hand or foot in all
the land of Egypt"3 (suppose, to no public or principal mo
tion) ; and so hath it been holden in all nations as a special
power belonging to dominion. Which maketh it seem
strange that those men, which in no cause are so fervent as
when they plead that Churchmen should not xvpteusiv, that
is, have dominion, do yet hold this power, which hath ever
been reputed most proper to domiuion, should belong to
none but to them only. Our Saviour Christ's vos autem
non sich, may, I am sure, be said to them here in a truer
sense than as they commonly use to apply it.
To conclude then this point, if Moses as in the right of
chief magistrate held this power, it was from The chief
him to descend to the chief magistrates after magistrate to
him over the people of God, and they to succeed succee m "'
him, as in his place so in this right, it being by God himself
settled in Moses and annexed to his place, lege perpetud, by
an estate indefeisible, by a perpetual law, throughout all
their generations. Therefore ever after by God's express
order, from year to year, every year on the first day of
the seventh month were they blown by Moses first, and
after by them that held his place, and the Feast of the
Trumpets solemnly holden ; and to put them in mind of
the benefit thereby coming to them, so withal to keep alive
and fresh still in the knowledge of all that this power be
longed to their place, that so none might ever be ignorant
to whom it did of right appertain to call assemblies.
And how then shall Aaron's assemblies be called? with
what trumpet they? God himself hath pro- Aaron.s assem.
vided for that in the tenth verse following, that biies, how
with no other than these. (There is in all the
law no order for calling an assembly, to what end or for
" Gen. xii. 44. b Matt. xx. 26.
c c 2

388 OF CONVOCATION. [bp. andrewe s
what cause soever, but this, and only this ; no order for
making any third trumpet ; under these two, therefore, all
are comprised.) This order there God taketh, that Moses
shall permit Aaron's sons to have the use of these trumpets.3
But the use, not the property. They must take them from
Moses as (in chapter xxxi. of this book) Phineas dothb: but
erunt tibi (God's own words, erunt tibi) must still be
remembered : his they be for all that : Moses the owner
still, the right remains in him : their sounding of them de
prives not him of his interest, alters not the property. Erunt
tibi must still be true ; that right must still be preserved.
It may be, if we communicate with flesh and blood, we may
think it more convenient (as some do) that God had de
livered Moses and Aaron either of them one. But when
we see God's will by God's Word what it is, that Moses is
to have them both, we will let that pass as a revelation of
flesh and blood, and think that which God thinketh to be
most convenient.
Now then, if the trumpets belong to Moses, and that to this
__.._ xyyrh eil<^' tnat w*tn tnem ne mav cau tne congrega-
The two tion, these two things do follow ; first, that if
he call, the congregation must not refuse to
come : secondly, that unless he call they must not assemble
of their own heads, but keep their places. Briefly thus :
the congregation must come when it is called ; and it must
be called ere it come. These are the two duties we owe to
the two trumpets, and both these have God's people ever
duly performed.
And yet not so, but that this right had been called in
question, yea, even in Moses' own time, that we marvel not
if it be so now, and both these duties denied him, even by
those who were alive and present then, when God gave him
the trumpets. But mark by whom, and what became of
them. The first duty is, to come when they be called ; and this
1. To come was denied (in chap. xvi. 12.) by Korah, Dathan,
when they be and their crew ; Moses sounded his trumpet,
sent to call them; they answer flatly, and that
not once, but once and again : Non veniemus, " they would
' Num. a. 10. b Num. xxxi. 6.

BP. ANDREWES.] OF CONVOCATION. 389
not come," not once stir for him or his trumpet, they. A
plain contradiction indeed : neither is there in all that chapter
any contradiction, veri nominis, true and properly so to be
called, but only that. You know what became of them ;
they went quick to hell for it ; and woe be to them, even
under the Gospel, saith St. Jude, that perish in the same
contradiction, the contradiction of Korah. a
The second duty is, to be called ere they come ; this like
wise denied, even Moses himself, that they in his 2 To be
place may not think strange of it, in chapter xx. called ere
of this very book. Water waxing scant, a com- * ey come'
pany of them grew mutinous, and in tumultuous manner,
without any sound of the trumpet, assembled of themselves.
But these are branded too ; the water they got, is called the
water of Meribah b : and what followed you know y none of
them that drank of it, came into the Land of Promise. God
swore they should not enter into his rest.
Now, as both these are bad, so of the twain this latter is
the worse. The former (that came not, being
called) do but sit still, as if they were somewhat Came not.
thick of hearing. But these latter that come, Ca??\ un_
being not called, either they make themselves a
trumpet, without ever afac tibi : or else they offer to wring
Moses's trumpet out of his hands, and take it into their
own. Take heed of this latter ; it is said there to be ad
versus Mosen, " even against Moses himself." It is the
very next forerunner to it, it pricks fast upon it ; for they
that meet against Moses' will, when they have once tho
roughly learned that lesson, will quickly, perhaps, grow
capable of another, even to meet against Moses himself, as
these did. Periclitamur argui seditionis, saith the Town-
Clerk, " we have done more than we can well answer,"0 we
may be indicted of treason for this day's work, for coming
together without a trumpet ; and yet it was for Diana, that is,
for a matter of religion.
You see then whose the right is, and what the duties be
to it, and in whose steps they tread, that deny them. Sure
they have been baptized, or made to drink of the same water,
a Jude, 11. c Acts, xix. 40.
b Num. xx. 13. c c 3

390 OF CONVOCATION. [BP. ANDREWES.
the water of Meribah, that ever shall offer to do the like, to
draw together without Moses' call.
And now to our Saviour Christ's question, " In the law
how is it written ? How read you ?" Our answer is, " There
it is thus written, and thus we read : that Moses hath the
right of the trumpets, that they do go ever with him and his
successors ; and that to them belongeth the power of calling
the public assemblies.
This is the law of God, and that no judicial law, pecu-
Acrreeabie to uar to tnat People alone, but agreeable to the law
the law of of nature and nations, two laws of force through
Nature. ^e w}j0]e wor]d : for even in the little empire of
the body natural, Principium motus, " the beginning of all
motion," is in and from the head. There all the knots, or,
as they call them, all the conjugations of sinews have their
To the law of head, by which all the body is moved. And as
nations. t]le ]aw 0f Nature, by secret instinct, by the light
of the creation annexeth the organ to the chiefest part, even
so doth the law of nations, by the light of reason, to the
chiefest person : and both fall just with the law here written,
where, by erunt tibi, the same organ and power is com
mitted to Moses, the principal person in that commonwealth.
The law of nations in this point both before the law written
and since, where the law written was not known, might
easily appear if time would suffer, both in their general order
for conventions so to be called, and in their general opposing
to all conventicles called otherwise.
Verily, the heathen laws made all such assemblies unlaw
ful, which the highest authority did not cause to meet, yea,
though they were ispwv 'Opyicov svsxa, saith Solon's laws,
yea, though sub preetextu religionis, say the Roman laws.
Neither did the Christian Emperors think good to abate
any thing of that right. Nay, they took more straight order ;
for, besides the exiling of the person, which was the law be
fore they proscribed the place, where, under pretence of
religion, any such meeting should be. But I let them pass,
and stand only on the written law, the law of God.
We have law, then, for us, that Moses is ever to call the
congregation. But though we have law, Mos vincet legem,
" custom overruleth law." And the custom or practice'may

BP. ANDREWES.] OF CONVOCATION. 391
go another way ; and it is practice that ever best bewrayeth
a power. How, then, hath the practice gone ?' It is a
necessary question this, and pertinent to the text itself. For
there is a power granted ; and in vain is that power that
never cometh into act. Came then this power into act ? It
is a power to call the congregation together. Were the con
gregations called together by it ? A grant there is, that
erunt tibi, so it should be ; did it take place ? Was it
so, erantne Mi? had he it? Did he enjoy it? Let us
look into that another while, what became of this grant,
what place it took. And we shall not offend Moses in so
doing. It is his advice and desire both, that we
, i ... -, -. . . The practice
should inquire into the days past, that were be- 0r use of this
fore us, and ask, even from one end of heaven to i'ow?1' ara°ng
. i -, , , . -, the Jews.
the other, to see how matters have been carried.3
So that, as our Saviour Christ sendeth us to the law, by his
in lege quid scriptum est? so doth Moses direct us to the
use and practice by his interroga de diebus antiquis. I do
ask then, these trumpets here given, this power to call to
gether the congregation, how hath it been used ? Hath the
congregation been called accordingly, in this, and no other
manner? by this, and no other power? It hath, as shall
appear ; and I will deal with no assemblies but only for mat
ters of religion.
Of Moses, first, there is no question ; it is yielded that he
called them and dismissed them. And even so By Moses.
did Joshua b after him, no less than he ; and they J°sn"a.
obeyed him in that power no less than Moses. And as for
that which is objected concerning Moses, that he for a
time dealt in matters of the priests' office, it hath no colour
in Joshua, and those that succeeded him.
The Covenant, and the renewing of the Covenant, are
matters merely spiritual ; yet, in that case did Johua (Joshua,
not Eleazar) assemble all the tribes, Levi and all, to Sichem
(Jos. xxiv.)c, called the assembly at the 1st verse, dissolved
it at the 28th. For, if Joshua may call, he may dissolve
too ; law, reason, sense, teach that cujus est nolle, ejus est
et velle, " that calling and discharging belong both to one
a Deut. iv. 32. " Josh. xxiv. 18.
b Josh ; ". C C 4

392 OF CONVOCATION. [BP. ANDREWES.
power." Nay, Demetrius's assembly, though they had come
together disorderly, yet, when the Town Clerk, that should
have called them together, did discharge them ; they added
not one fault to another, but went their ways, every man
quietly, Demetrius himself and all ; that they are worse than
Demetrius that deny this.
But, I pass to the Kings, that estate fitteth us better.
There doth David call together the priests and
other persons Ecclesiastical, and that, even with
these trumpets. And for what matters ? Secular ? Nay,
but first, when the ark was to be removed." And again,
when the offices of the Temple were to be set in order b;
things merely pertaining to religion ? And as he calleth
them, 1 Chron. xv. 4. so he dismisseth them, 1 Chron.
xvi. 43.
The like did Solomon, when the Temple was to be dedi
cated0; " called the assembly," 2 Chron. v. 2. ;
oolomon. tiii i i • i
" dissolved the assembly in verse 10. of chap.
vii. following.
The like did Asa, when religion was to be restored, and a
. solemn oath of association to be taken for the
Asa. ... . .
maintaining of it; with the sound of these
trumpets did he it.
Jehoshaphat used them when a public fast was to be pro-
T i i, i, . claimed.11 Jehu used them when a solemn sacri-
Jehosnaphat. c .
Jehu. nee to be performed. Joas, m a case of dilapi-
Josias. dations of the Templef, a matter merely ecclesias
tical. Josias, when the temple to be purified,
and a mass of superstitions to be removed.85
In all these cases did all these Kings call all these Con-
Hezekiah. ventions of Priests and Levites for matters of
religion.11 I insist only on the fact of Hezekiah.
He was a King ; he gave forth his precept for the Priests
and all their brethren to assemble.11 Wherefore Ad res Jehovce,
" for the affairs of the service of God," yea, God himself.
There are fourteen chief men of the Priests set down there
a 1 Chron. xv. e Re"-, x. 20.
" 1 Chron. xxiii. 2, 3. 6. f 2 Chron. xxiv. 5.
° 2 ^ron- xxv- ". 8 2 Chron. xxxiv. 29, 30.
2 Chron. xx. 3. h g Chron. xxix. 1.5.

BP. ANDREWES.] OF CONVOCATION. 393
by name, that by virtue of that precept of the King, came
together themselves, they and their brethren all, ex prcecepto
Regis, ad res Jehovce, " by the King's authority, for matters
merely of the Church." I know not what can be more plain ;
the matters spiritual, the persons assembled spiritual, and yet
called by the King's trumpet.
Thus, till the Captivity. In the Captivity, there have we
Mordecai (when he came in place of authority')
, * . ^ ' Mordecai
appointing the days of Purim, and calling all the
Jews in the province together to the celebrating of them.3
After the Captivity, Nehemiah kept the trumpet still ; and
by it first called the Priests, to show their right
to their places by their genealogies, and after
reduced them also to their places again, when they were all
shrunk away in time of his absence. b
These lead the practice till you come to the Maccabees c ;
and there it is but too evident ; they profess The Mac-
there expressly to Simeon, made then their ruler, cabees-
that it should not be lawful for any STriarocrTpeipai o-oo-Tpo$y\v
Ttvd, to call any assembly in the land, dvsu auTou, without
him. A plain evidence that so had ever gone the course of
their government ; else how should it come to pass that the
altering of religion is still termed the deed of the King ?
that his disposition, godly or otherwise, did always accord
ingly change the public face of religion, which thing the
Priests by themselves never did, neither could at any time
hinder from being done. Had the Priests without him
been possessed of this power of assembling, how had any act
concerning religion passed without them ? In them it had
been to stop it at any time if they had (of themselves)
had this power of assembling themselves, to set order in
matters of religion.
Thus, from Moses to the Maccabees, we see in whose
hands this power was. And what should I say more ?
There was in all God's people no one religious King but this
power he practised ; and there was of all God's Prophets no
one that ever interposed any prohibition against it.
Would Isaiah (shall we once imagine) have endured Heze-
1 Esther, ix. 17. c 1 Mac. xiv. 44.
b Nehemiah, vii. 14., xiii. 11.

394 OF CONVOCATION. [BP. ANDREWES.
kiah him to call, or the Priests to come together, only by his
precept ad res Jehovce, and not to lift up his voice like a
trumpet against it, if it had not been in his knowledge the
King's right to command, and their duty to obey ? Never,
certainly.3 What shall we say then ? Were all these wrong ? Shall
we condemn them all ? Take heed. In all that govern
ment God hath no other child but these : if we condemn
these, we condemn the whole generation of His children.b
Yet to this we are come now ; that either we must condemn
them all, one after another, the Kings as usurpers, for taking
on them to use more power than ever ordinarily they re
ceived, and the Prophets for soothers of them in that their
unjust claim : or else confess they did no more than they
might, and exceeded not therein the bounds of their calling.
And, indeed, that we must confess, for that is the truth.
This, then, may serve for the custom of God's own elect
people. But they were Jews, and we would be loth to
Judaise ; and it may be this was one of the clauses of the
Law of Commandments, consisting of ordinances0 which
Christ came to abrogate.
I demand, therefore, when Christ came, how was it then?
m . Will the like appear in the assemblies since
The practice p, . . „,, rr ,.,
or use of this Christ t Ihe very like, everyway, as conso-
power among nant to that 0f t^e q]^ Testament as may be.
Christians. ^, ~. . /.!T , ... . , . r
ror Christ (Matth. xvin.) giveth a promise of
His assistance to such meetings, but sets no new order for
calling of them, other than had been taken in the old.
Therefore the same order to be kept still.
A time there was, you know, after Christ, when they
were infidels, Kings and kingdoms both. A time there
followed when Kings received religion ; and no sooner they
received it, but they received this power of the trumpets
with it. This to be made manifest, 1. By General Councils.
2. By National and Provincial Councils that have been
assembled, 3. Under Emperors, 4. And under Kings, by the
space of many hundred years.
a Isaiah, xxxviii. 1. c Ephes. ii. 15.
b Psal. lxxiii. 15.

BP. ANDREWES.] OF CONVOCATION. 395
1 . And for General Councils, this first to begin with :
that if those assemblies be not rightly called that i„ General
by this power are called, we have lost all our Councils.
General Councils at one blow. The Church of Christ hath
to this day never a General Council ; una litura, with one
wipe we dash them out all ; we leave never a one, no not
one. For all that ever have been have been thus called and
kept. Yea, those four first, which all Christians have ever
had in so great reverence and high estimation, not one of
them a lawful Council if this new assertion take place. This
is a perilous inconvenience ; yet this we must yield to, and
more than this, if we seek to disable assemblies so holden.
For sure it is all the General Councils were thus assembled,
all ; all seven, for more are not to be reckoned ; the eighth
was only for a private business. The rest were only of the
West Church alone, and so not general : the East and West
together make a General ; the East and West together never
met but in one of those seven for public affairs, unless it
were once after, in that of Ferrara.
And it is well known that was in hope of help on the
East Churches' part which they never had ; and so the
Council never kept, but broke, even as soon as it was
broken up.
Briefly, then, to survey those seven. And I will not
therein allege the reports of stories (they write things they
saw not, many times, and so frame matters to their own
conceits, and many times are tainted with a partial humour),
but only out of authentical records in them, and out of the
very acts of the Councils themselves, best able to testify and
tell by whose authority they came together. And it is happy
for the Church of Christ there are so many of them extant
as there are, to guide us to the truth in this point, that so
the right may appear.
First, then, for the great Nicene Council, the first general
congregation of all that were called in the Christian world.
The whole Council, in their synodical epistle written to the
Church of Alexandria, witness they were assembled (the
holy Emperor Constantine gathering them together out of
divers cities and provinces).3 The whole letter is extant upon
a twexporifiii rov SetKjHXeoTdVov Bao-t\4us KuiHTTavrlvov avvaydyovTos f)p.as eK
Sia<p6pav iro\(uv Te Kal i-wapxav.

396 OF CONVOCATION. [BP. ANDREWES.
record in Socrates, i. 9- and Theodoret i. 9. Give me
leave to make here a little stand, for here at this Council
was the pale first broken, and the right, if any such were,
here, it went first away. At Nice there were then together
318 Bishops, totius orbis lumina (as Victorinus well termeth
them), " the lights of the whole world;" the chiefest and
choicest men for holiness, learning, virtue, and valour that
the Christian religion ever had before or since. Men that
had laid down their lives for the testimony of the truth. Did
any of them refuse to come, being called by him, as not
called aright ? Or, coming, was there any one of them
that did protest against it, or pleaded the Church's interest
to meet of themselves ? Not one.
What was it then ? Want of skill in so many famous
men, that knew not their own rights ; or want of valour,
that knowing it for such, would not so much as speak a
word for it, but sit still, and say nothing all the while ?
There were then and there present Spyridion, Paphnutius,
Potamon, and divers besides (but these I name) that had
not long before, for their constancy, had their right eyes
bored out, their right ham-strings, and the strings of their
right arm-pits cut asunder. Did these want courage, think
we ? Were they become so faint-hearted that they durst not
open their mouth for their own due ?
Verily, that Council of Nice (which is, and ever hath
been, so much admired by all Christians) cannot be excused
before God or men, if they thus conspired (all) to betray the
Church's right, and suffered it, contrary to all equity, to be
carried away, leaving a dangerous precedent therein for all
Councils ever after to the world's end. But no such right
there was. If there had been, they neither wanted wit to
discern it, nor courage to claim it ; but they knew whose the
trumpets were, to whom Erunt tibi was spoken, and there
fore never offered to lay hold on either of them, and say, This
is ours. And yet, to say the truth, there is no man of reason but
will think it reasonable, if this were the Church's own
peculiar, if appropriate unto it, and so known to them to be,
there ought to have been plain dealing, now at the very first
Council of all, that if Constantine would embrace religion,

BP. ANDREWES.] OF CONVOCATION. 397
he must needs resign up one of his trumpets, and forbear
from thence to meddle with their assemblies. Was there so ?
No such thing. Why was there not ? Belike, because none
were there that had ever been present at any assembly,
holden under persecution, to know the Church's order and
manner of meeting then. Yes, there was Hosius, Bishop
of Cordova, who had held the Council of Elvira, in Spain11,
even in the time of persecution ; Hosius for the West : and
for the East, there was Eustathius, Bishop of Antioch, had
held the like at Ancyra b then too (both the Councils yet
extant to be seen), and these two presidents of them. Yet
were these twain, two that came first, and sat foremost at
the Council of Nice ; and neither of them pleaded or knew
of any such right, but that their power then ceased, and
that Constantine's trumpet now took place. Sure, if but
this first Council be well considered, it is able to move much.
And the example of this first was of great consequence, for
all the rest followed it, and as this went, so went they ; and
this for the first.
(2.) The second General Council, at Constantinople. Who
called that congregation ? Their own letter to the Emperor
is yet to be seen, professing they were thither assembled by
his writ.c
(3.) For the third, at Ephesus, let the acts of the Council
(now set out in Greek) be looked on. Four several times
they acknowledge they were thither summoned by the Em
peror's oracle d, beck6, charge f, and commandment.8
(4.) For the fourth, at Chalcedon, look but upon the very
front of the Council : it proclaimeth itself to be there assem
bled, facta est Synodus, ex decreto piissimorum, et fidelissi-
morum Imperotorum, Valentiniani, et Martiani ; and it is
well known it was first called at Nice, and then recalled from
a Cone. Eliberic. torn. i. 600. aiSeta. — Tom. ii. 129. Conveniente
b Cone. Ancyra!, torn. i. 446. Concilio secund. sacram prasceptionem.
c 2weA0oVi-es Kara to ypdp.ua t9js orjs — Tom. ii. 579. £66. Imperator Justin.
tfio-egeias. quintam QEcumenicam Synodum Epis-
a SvynpoTrjSe'icra e/c ^eo-iriofiaros twv copis Ecclesiarum evocatus co'e'git. —
eiio-eSeo-T&raiv fSaaKeaiv. Tom. iii. 237. 244. Secundum piissi-
e Kevp-aTi too bpeTepov Kpdrovs aw- mam jussionem mansuetudinis vestra;.
ayBeia-a. l's 1u£e Per mansuetissima: fortitudinis
f 2wav07)eai to v/ierepov irpoo-ha^ vestras Sacram dudum praicepta sunt
fepdros. efficaciter promptam obedientiam exhi-
s SutoX^')'"" ^KeKevo-iy r\ v/tiTepa eO- bere.

398 OF CONVOCATION. [BP. ANDREWES.
thence, and removed to Chalcedon, all wholly by the disposing
of the Emperor.
(5.) So saith the fifth, at Constantinople : Juxta pium
jussum a Christo amati, et a Deo custoditi Justiniani Impe-
ratoris. They be their own words.
(6.) And so the sixth, at Constantinople : Secundum Im-
perialem sanctionem congregata est; and pro obedientia
quam debuimus. They he the express words of Agatho,
Bishop *of Rome, in the same Council.
(7.) And even so the seventh, at Nice : Quce per pium Im
perotorum decretum, congregata est" ; meaning Constantine
and Irene.
And these be all the General, in all which the force of
the truth presenteth itself so clearly, that Bellarmine b is even
dazzled with it ; for as one dazzled, he sets down divers
reasons why the Emperors were to call them, in that very
place where he taketh upon him to prove the Emperors
were not to call them.
2. But it may be, General Councils have a fashion by
in National themselves. Those congregations may be called
and Provincial thus. But national or provincial (such as ours)
from Con- i-it-' 1 1 • t~\
stantine to how i .Lven so too, and no otherwise. Con-
Justiman. stantine began with them first, before he pro
ceeded to the General at Nice. His tractoria, or writ, is
extant, to be seen in Eusebius0, whereby he called the first
Provincial Council in France ; for sure, by no Canon could
the Bishop of Syracuse in Sicily, or Restitutus, Bishop of
London, in Britain, be lawfully summoned to a Synod in
France, which they were, but as it was indeed by the Em
peror's writ only. But this he did at the beginning of his
reign, perhaps while he was yet an imperfect Christian.
Nay, even first and last he did the same. As at the be
ginning he called this, so, in the end of his reign, the
thirtieth year, the year before his death, called he the Council
at Tyre, and from thence removed it to Jerusalem, and from
thence called them to appear before himself in Constan
tinople. The letters are to be seen by which they were
called, Socr. i. 34. The like after him, did Constans at
a Tom- iii- 435. c Euseb. x. 5.
b De Concil. lib. i. c. 13.

BP. ANDREWES.] OF CONVOCATION. 399
Sardis3, Valentinian at Lampsacusb, Theodosius at Aquileia0,
Gratian at Thessalonica.d
It is too tedious to go through them all ; only for that of
Aquileia, thus much : Saint Ambrose, a man of as much
spirit, and as high a courage as ever the Church had, and
one that stood as much as ever did any for the Church's
right, he was there present and president both. Thus
writeth he from the Council to the Emperor in his own name,
and in the name of all the rest : Juxta mansuetudinis
vestrcs statuta convenimus? Hither we are assembled, by
the appointment of your clemency ; and there is no one
Council more plain than that of Saint Ambrose for this
purpose. Yea, I add this (which is a point to be consi
dered), that even then, when the Emperors were professed
Arians, even then did the Bishops acknowledge their power
to call Councils, came to them being called, sued to them
that they might be called. Came to them, as Hosius to
that of Arimine', Liberius to that of Sirmium8, and that of
Seleucia ; sued for them, as Liberius to Constantiush, as
Leo to Theodosius1, for the second Ephesian Council, Inno
centius to Arcadius ; and sometimes they sped, as Leo, and
sometimes not, as Liberius and Innocentius ; and yet, when
they sped not, they held themselves quiet, and never pre
sumed to draw together of their own heads.
3. But it may be, this was some Imperial power, and that
Emperors had in this point more jurisdiction than tt , „¦
-ir. tvt i • i pi n i Under Kings
Kings. JNor that neither ; tor about rive hun- from Justinian
dred years after Christ, when the empire fell in «° Charles the
pieces, and these western parts came into the
hands of Kings, those Kings had held, enjoyed, and practised
the same power. In Italy, Theodoric at Romek, Synodus ex
Alaric at Agatha ' ; in France, Clovis (the first pra?cepto Glo-
Christian King there), Childebert, Theodebert, 'Regis™!, eo-
and Cherebert ; at Orleans"1 the first, Auverne", dorici congre-
Orleans0 the second, Tours p ; and after that again gata-
a Theodor. ii. 8. h Lucifer, oper.
* Sozom. vi. 7. ' Te°> Epist. 9.
» Tom. i. 718. " Tom. ii. 470. ,;
d SwoS. 453. ' Tom. ii. 504.
e Qui ad removendas altercationes m Tom. ii. 511.
congregare studuistis Sacerdotale Con- n Tom. ii. 558.
cilium. — Tom. i. 718. ° Tom. ii. 551.
< Tom. i. 680. p Tom. ii. 817.
r Socrat. ii. 24.

400 OF CONVOCATION. [BP. ANDREWES.
by Gunthramn, Clovis, Charlemagne, and Pepin ; at Mascon3
first and second b, Chalons0 : that which is called Francicad,
and that which is in Vernis/ Twenty of them at the least
in France.
In Spain by ten several Kings ; in two Councils at Bra-
caraf, and in ten at Toledo8, by the space of three hundred
years together.11 And how ? under what terms ? Peruse the
Councils themselves ; their very Acts spoke : Ex prcecepto1,
imperio k, jussu l, sanctione m, nutu n, decreto °, ex evoca-
tione9, dispositione'1, ordinatione Regis? One saith, Po
testas permissa est nobiss ; another, Facultas data est nobis1 ;
a third, Injunctum est nobis a Rege? See their several
styles ; nothing can be more pregnant : and now we are gone
eight hundred years after Christ.
4. Then arose there a kind of empire here in the West,
From Charles under Charles the Great ; and did not he then
the Great to take the trumpets as his own, and use them
Amu p us. gjx severa] times in calling six several Coun
cils, at Frankfort x, Aries7, Tours2, Chalonsaa, Mentzbb, and
Rheims ?°° And what saith he in them ? Rheims I named
last, take that : In conventu more priscorum Imperotorum
congregato a piissimo Domino nostro Carolo. That he
called that Convention by no other right, than as the manner
of the ancient Emperors had been to do ; expressing under
one both what his was, and what the usage bad ever been
before him.
The like after him did Ludovicus Pius, Lotharius, Ludo-
vicus Balbus, Carolus Calvus, Carolus Crassus, and Arnul-
phus, at the several Councils holden at Akendd, Mentz",
a Tom. ii. 840. P Tom. ii. 840.
b Tom. ii. 857. 1 Tom. ii. 857.
c Tom. iii. 208. ' Tom. iii. 208.
d Tom. iii. 437. s Tom. ii. 504.
• Tom. iii. 439. t Tom. iii. 216.
f Tom. ii. 825. 829. u Tom. iii. 682.
s Tom. ii. 547. 859. * Tom. iii. 630.
h Tom. iii. 67. 79. 87. 181. 184. 204. 7 Tom. iii. 679.
2 IS. 374. * Tom. iii. 682.
1 Tom. ii. 270.551. a" Tom. iii. 986.
k Tom. iii. 67. &b Tom. iii. 693.
1 Tom. iii. 84. cc Tom. iii. 700.
m Tom. iii. 237. dd Tom. iii. 703.
" Tom. iii. 391. <* Tom. iii. 832.
0 Tom. ii. 391.

BP. ANDREWES.] OF CONVOCATION. 401
Melden% Worms b, Cologne0, and Triburd ; and so held it
till nine hundred years : for about that year (a year or two
under or over) was holden the Council at Tribur, in Ger
many, cum Concilium sacrum continuari decrevisset : and
Prcesidente pio Principe Arnulpho, by the Emperor Arnul-
phus's decree, himself then president of it.c
And if it be excepted, there are of the Councils which
carry in their acts no mention how they were called, for
them we are to understand, that after the decrees of the
first Nicene Council were by Constantine's edict confirmed f,
wherein (as likewise in the Council of Chalcedon) it was
ordered each province should yearly hold their Synods
twice g ; but especially, after Justinian had made the decrees of
the four first General Councils to have the nature and force
of imperial laws h (a law being thus passed from them), we
are to conceive, the Emperor's authority was in all afterward,
habitually at least : that is, if not (as in the other) by express
and formal consent, yet by way of implied allowance, as
passed by a former grant.
Well, thus far the trumpet giveth a certain sound. Now
after this there is a great silence in the volumes of the
Councils, in a manner, for the space of two hundred years,
until the year 1180 or thereabout, when the Council of Late
ran was ' : and then, indeed, the case was altered. Qne of the
By that time had the Bishop of Rome, by his trumpets
skill and practice, got one of the trumpets away, sotten away-
and carried it with him to Rome, so leaving Princes but
one : but so long they held it.
Truly, three times so much time as we are allowed
would not serve for this one point of the Councils, but even
barely to recite them, and to cite them, they are so many.
You remember how Abraham dealt with God for the saving
of the five cities, how he went down from fifty to ten : I
might well take a course the other way, and rise from ten to
fifty, nay sixty, nay seventy, nay eighty, not so few, of
Councils General, National, Provincial, called by Emperors,
a Tom. iii. 866. f Nicen. Can. 5.
b Tom. iii. 977. B Chalced. Can. 18.
c Tom. iv. 17. h Authent. 131.
a Tom. iv. 28. ' Tom. iv. 101.
" Tom. iv. 41.
VOL. III. D D

402 OF CONVOCATION. [BP. ANDREWES.
by Kings : Emperors of the East, of the West : Kings of
Italy, France, Spain, Germany (as before, from Moses to
the Maccabees : so here from Constantine to Arnulphus) for
so many hundred years together, extant all, to be shown
and seen, all clear and evident, all full and forcible for this
power : as indeed it is a cause that laboureth rather of
plenty, than penury of proof. And this was the course that
of old was well thought of in the Christian world. Thus
was the congregation so long called ; neither is there yet
brought any thing to force us to swerve from the way
wherein so many and so holy ages have gone before us.
Yes, something : for what say you to the three hundred
How in the years before Constantine ? How went assem-
time of perse- D]ies then? Who called them all that while?
years before For divers were holden that while : in Pales-
Constantine. t;ne> about Easter ; at Carthage, about Heretics'
Baptism ; at Rome, about Novatus ; at Antioch, about
Paulus Samosatenus. How assembled these ?
Truly, even as these people here, of the Jews, did before
i. As in in Egypt, uuder the tyranny of Pharaoh : they
Egypt- were then a Church under persecution, until
Moses was raised up by God, a lawful magistrate over them.
The cases are like for all the world. No magistrate did
assemble them in Egypt. And good reason : they had then
none to do it. Pharaoh (we may be sure) would not offer
to do it : not for any conscience (I trust) or fear to en
croach upon the Church's right ; but because he hated both
Assembly and Congregation, and sought by all means to
extinguish both. But this was no bar ; but that when
Moses arose, authorised by God, and had the trumpets here,
by God delivered him, he might take them, keep them, and
use them, to that end, for which God gave them — to call the
Congregation. And none then but he could do it, because
to none, but him then, was this power conveyed. They
could not say to him now, as before one of them did in
Egypt, " Who made you a commander over us," a to call
us together ? nor plead in bar of the trumpets, and say :
" Nay, but we will meet still of ourselves, even as we did
a Exod. ii. 14.

BP. ANDREWES.] OF CONVOCATION. 403
before in Egypt ; we will still keep our own manner of
conventions." No : for God had now taken another order :
God, I say, had now done it : and God shall, I trust, be
allowed to translate this power to the principal member of
the body, and to dispose of it, as it best pleaseth Him.
The very same case fell out again after, in the Captivity
of Babylon ; and again after that in the perse-
. -^2. As under
cution under Antiochus ; and these three are all the Captivity.
the patterns we have in the Old Testament. As 3- 4s under
, c x . t-, , iii • Antiochus.
betore m Jbigypt, so then they had meetings,
but they were all by stealth : yet meetings then they had-
For Moses ceasing, and his right with him, the power de
volved to the body to gather itself (as is usual in such
cases). But then, when Nehemiah after the Captivity, and
Simon Maccabeus after the fury of Antiochus, were raised
them by God ; when God had set them in Moses' place, they
might lawfully do, as Moses before had done, and take the
silver trumpets into their hands again. So soon as they had
a lawful governor, the right returned to him straight ; and
the congregation, none of them might then plead : " Nay, but
as we did in Babylon, or as we did under Antiochus, so,
and no otherwise, will we assemble still."3 No, we see the
contrary rather : even of themselves, they profess to Simon
plainly, now they have a lawful governor, no meeting
should from thenceforth be in the land, without him, his
privity and permission.
And even as these two, Nehemiah and Simon, even by
the same right Constantine : by Moses' right, 4. so before
all, all by the Commission here penned. By it Constantine.
did Constantine resume the trumpet, and enjoy and exercise
the power of calling the congregation (for even Moses'
pattern and practice five sundry times at least doth Eusebius
allege in the life of Constantine to justify his proceedings
still by Moses' example). True it is therefore, that before
Constantine's time they met together as they durst, and took
such order as they could. They must venture then, there
was no Moses : they had no trumpet : and if they had they
durst not have blown it. But when Constantine came in
" 1 Mac. xiv. 44.
D D 2

404 OF CONVOCATION. [BP. ANDREWES.
place, in Moses' place, it was lawful for him to do as Moses
did : and so he did ; and they never said to him, " Nay, spare
your trumpet : look how we have done hitherto, we will do
so even still : meet no otherwise now than in former times
we have, by our own agreement." As before it was said,
this had been plain dealing : thus (if rightly they might)
they should have done : did they so ? No : but to him they
went, as to Moses, for their meetings ; at his hands they
sought them ; without his leave or liking they would not
attempt them : yea, I dare say, they blessed God from
their hearts that they had lived to see the day they might
now assemble by the sound of the trumpet.
To conclude this point then. These two times or estates
of the Church are not to be confounded : there is a plain dif
ference between them, and a diverse respect to be had of
each. If the succession of magistrates be interrupted, in
such case of necessity the Church of herself maketh supply,
because then God's order ceaseth. But, God granting a
Constantine to them again, God's former positive order
returneth, and the course is to proceed and go on as before.
When the magistrate and his authority was at any time want
ing to the Church, forced she was to deal with her own
affairs within herself ; for then was the Church wholly
divided from Princes and they from it. But when this wall
of partition is pulled down, shall Moses have no more to do
than Pharaoh, or Constantine than Nero ? Congregations
were so called under them, must they be so still under these
too ? No ; no more than their manner of meeting in
Egypt (for all the world like this of the primitive Church
persecuted) was to be a rule, and to over-rule these trumpets
here (in the text) either God forgiving them, or Moses for
taking them at His hands. This rather, if ever the Church
fall into such bloody times, they must meet as they may, and
come together as they can : they have noMoses, no trumpet to
call them. The times of Pharaoh and Nero are then their
pattern. But, if it be so happy as to find the days of peace,
Moses and Constantine are patterns for the days of peace,
they have a Moses then : from that time forward they must
give ear to the trumpet. In a word, none can seek to have
the congregation so called, as before Constantine, but they

BP. ANDREWES.] OF CONVOCATION. 405
must secretly, and by implication confess, they are a per
secuted Church, as that then was, without a Moses, without
a Constantine. The times then before Constantine are no bar, no kind of
impeachment to Constantine's, no more than the times in
Egypt were to Moses' right. And, indeed, no more they
were, for Constantine and his successors had them, and held
them till a thousand years after Christ, and then one of
them (by what means we all know) was let go by them, or
gotten away from them ; it was then gotten away and
carried to Rome. But that getting hath hitherto been holden
a plain usurping, and an usurping (not upon the congre
gation, but) upon Princes and their right ; and that they,
in their own wrong, suffered it to be wrung from them.
And why? Because not to Aaron, but to Moses it was
said, Et erunt tibi.
1 . To draw to an end, it was then gotten away, and with
some ado it was recovered not long since ; and The recovery
what ? shall we now let it go, and destroy so of the tmm-
soon that which so lately we built again ? You pets-
may please to remember, there was not long since a clergy
in place, that was wholly ad oppositum, and would never
have yielded to reform aught ; nothing they would do, and,
in eye of law, without them, nothing could then be done ;
they had encroached the power of assembling into their own
hands. How then ? how shall we do for an assembly ?
Then erunt tibi, was a good text, it must needs be meant
of the Prince ; he had this power, and to him of right it be
longed. This was then good divinity, and what writer is
there extant of those times, but it may be turned to in him ?
And was it good divinity then, and is it now no longer so ?
Was the King but licensed for a while to hold this power,
till another clergy were in, and must he then be deprived of
it again ? Was it then usurped from Princes ; and are
now Princes usurpers of it themselves ? And is Now sought
this all the difference in the matter of assemblies, to be gotten
and calling of them, that there must be only a away-
change, and that instead of a foreign, they shall have a do
mestic, and instead of one, many ? and no remedy 1. By the
now, but one of these two they must needs ad- Presbytery.
D D 3

406 OF CONVOCATION. [BP. ANDREWES.
mit of? Is this now become good divinity ? Nay, I trust,
if erunt tibi were once true, it is so still ; and if tibi were
then Moses, it is so still. That we will be better advised,
and not thus go against ourselves, and let truth be no longer
truth, then it will serve our turns.
2. And this calleth to my mind the like dealing of a sort
of men, not long since here among us. Awhile they plied
Prince and Parliament with admonitions, supplications,
motions, and petitions ; and in them it was their duty, their
2. By the peo- right, to frame all things to their new invented
Penry^'Bar-68 PWtJ anC^ tn'S S0 ^oug as anY n0Pe hleW Ollt of
row, &c. that coast ; but when that way they saw it would
not be, then took they up a new tenet straight ; they needed
neither magistrate nor trumpet, they, the godly among the
people, might do it of themselves ; for confusion to the wise
and mighty, the poor and simple must take this work in
hand, and so by this means the trumpet prove their right in
the end, and so come by devolution to Demetrius and the
craftsmen. Now, if not for love of the truth, yet for very
shame of these shifting absurdities, let these phantasies be
abandoned ; and that which God's own mouth hath here
spoken, let it be for once and for ever true ; that which once
we truly held and maintained for truth, let us do so still, that
we be not like evil servants, judged ex ore proprio, " out of
their own mouths."
Let me not over- weary you ; let this rather suffice. 1.
We have done as our Saviour Christ willed us, resorted
to the law, and found what there is written, the grant
The conciu- of this power to Moses to call the congre-
sion. gation.3 2. We have followed Moses' advice,
" inquired of the days before us, even from one end of
heaven to the other," and found the practice of this grant in
Moses' successors, and the congregation so by them called.
It remaineth that, as God by His law hath taken this
order, and His people in former ages have kept this order,
that we do so too ; that we say as God saith, Erunt tibi,
this power pertaineth to Moses ; and that neither with Korah
* Luke, xix. 22.

BP. ANDREWES.] OF CONVOCATION. 407
we say, Non veniemus, nor with Demetrius run together of
ourselves, and think to carry it away with crying " Great is
Diana ; " but as we see the power is of God, so truly to ac
knowledge it, and dutifully to yield it,, that so they whose it
is, may quietly hold it, and laudably use it, to His glory that
gave it, and their good for whom it was given, which God
Almighty grant, &c.

» d 4

408 THE USE AND VALUE OF [WATERLAND.

IX.

THE USE AND VALUE OF ECCLESIASTICAL
ANTIQUITY.

[DE. WATERLAND.]

CHAPTER VII.

Shoiving the Use and Value of Ecclesiastical Antiquity
with respect to Controversies of Faith.
I intend not here to consider the use of the Fathers in its
largest extent, but only so far as concerns Articles of Faith.
I shall endeavour to set this matter in as clear a light as I
can for the impartial and discerning reader to judge of,
avoiding all extremes. A certain writer, whom I should
not perhaps have taken the least notice of, had it not thus
fallen in my way, has been pleased to tell the world that
" Dr. Waterland and some others, who have appeared on
the same side of the question, have only considered the
Scripture in that light which a sober Turk or an Indian
might discover in it. But Scripture has a much greater
force in the hands of St. Athanasius and of St. Basil (who
viewed it in its true, that is, in its original and traditionary,
sense, and under the lights of faith) than it has in Dr.
Waterland's, who ascends no higher than the bare letter, and
that sense of which all men who are sincere may equally
judge, whether they believe it or not. But when St. Atha
nasius and St. Basil argue from Scripture, they have a re
gard to faith, and those ideas which Catholics have always
had concerning the Son and the Holy Spirit." a The report
a An Answer to Dr. Clarke and Mr. account of the chief writers of the three
Whiston concerning the Divinity of the first ages. By H. E., printed by Ro-
Son and Holy Spirit, with a summary berts, 1729. See pref. p. 4, 5.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 409
which this gentleman has here made may be true in part :
and, so far, what he intended as an article of blame may
appear much otherwise to more equal judges. I doubt not
to say that the Scripture is plain enough in this cause for
any honest Turk or Indian to judge of, who is but able to
discern the difference between wresting a text and giving it
an easy and natural interpretation. Nor do I see why a
man may not be as certain of the construction of Scripture
in this article from the words themselves, comparing Scrip
tures with Scriptures, as he may be of the sense of Homer
or Aristotle, of Cicero or Caesar, in plain and clear passages.
Nevertheless, if over and above this, any further light or
strength may arise from comparing Scripture and Antiquity
together, it is an additional advantage to our cause such as
we are thankful for and constantly make use of. All kinds
of evidences are useful ; and there is so much weakness ge
nerally in mankind, that we have no reason to throw aside
any assistances given us for relief or remedy. Antiquity,
therefore, superadded to Scripture, is what we sincerely
value, and pay a great regard to ; perhaps much greater
than that gentleman himself really does : for, if I be not
very much mistaken in the drift and tendency of his censure,
it is such as plainly discovers (notwithstanding his artful
disguises) a much more affectionate concern for a modern
corrupt Church, than for the pure and ancient faith. St.
Athanasius and St. Basil pleaded the same cause, and ex
actly in the same way, as we of the Church of England do.
They appealed to Scripture first, speaking for itself, and
proving its own sense to the common reason of mankind
according to the just rules of grammar and criticism : after
that they referred also to the well-known faith of all the
ancient Churches, as superabundantly confirming the same
rational and natural construction. Athanasius and Basil
were wise and honest men, and would never have admitted
what this writer meanly insinuates a (while he pretends to be
an advocate on the same side), that Arianism would not be
heresy upon the foot of Scripture singly considered. Such
a An Answer to Dr. Clarke and Mr. account of the chief writers of the three
Whiston, concerning the Divinity of the first ages. By H. E., printed by Ro-
Son and Holy Spirit, with a summary berts, 1729. See pref. p. 6, 7.

410 THE USE AND VALUE OF [WATERLAND.
unworthy suggestions are as contrary to the general sense of
antiquity as they are to truth and godliness ; and tend only
to betray the best of causes for the sake of serving and sup
porting one of the worst. Athanasius's sentiments may
appear from one single passage, which is all I need refer to
at length in proof of a thing so well known. He observes
that the Arians, finding nothing in Scripture to countenance
their heresy, were forced to have recourse to confident pre
sumptions and collusive sophistry ; and when they had done
with those, their next attempt was to abuse the Fathers
also3, who favoured them as little as the Scripture did.
Athanasius appealed to Scripture in the first place, and laid
the main stress there : which, indeed, is his constant way in
his dispute with the Arians. No man speaks more highly
of the perfection and sufficiency of Scripture than he does :
namely, that it affords the fullest and strongest evidences
for establishing the faith against the Arians b ; and that is in
itself sufficient for every thing.0 The like might be shown
of Basil, were it needful. Therefore let not that gentle
man hope to find shelter for his insidious conduct under
those great and venerable names.
He proceeds to observe that " Catholics (Roman Ca
tholics I suppose he means) are so accustomed to join faith
and reading the Holy Scripture together, that they account
this to be the natural signification of the words." d Which
is artfully insinuating that the sense which Trinitarians affix
to Scripture is not natural, but made to appear so through
the prejudice of education, or through th& lights of an in
fallible chair. And so he pleads under cover for imposing
a sense upon Scripture, instead of taking one from the
natural force of the words. This never was the advice of
the ancients6, neither ought it to be the practice of moderns.
u T<Se 5' 'Apeio/xaviTuv t^v ahoy'iav Kal c Athanas. p. 1.
vvv eireyvaiv oubkv yap oftr eti\oyov, oxire d Answer to Dr. Clarke, &c, p. 7.
Trpbs anSSei^tv e/c ttjs &elas ypaqnjs p-nrbv c Optimus enim lector est, qui dic-
iX°oa7js tt)s aipetrews abriov. ael [xiv irpo- torum intelligentiam expectet ex dictis
<pd<rei$ avairrxovrovs hropi^ovro, Kal aocpfo- potius quam imponat, et retulerit magis
fiara irtBavd' vvv b~e Kal 5ia@dh\eiv tovs quam attulerit ; neque eogat id videri
¦naTtpas TtTo\uijKa(nv. — Athanas. de dictis contineri, quod ante lectionem pra;-
Sent. Dionys. p. 243. sumserit intelligendum. — Hilab. de Trin.
b Vid. Athanas. 237. 274. 720. Edit. lib. i. col. 777.
Bened.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 411
We insist upon it, that our interpretation of Scripture is just
and natural, and that one great use of antiquity is to guard
that natural construction against unnatural distortions. To
do violence to Scripture, in order to bring it to speak what
we have a mind to, or what we have preconceived, is making
Scripture insignificant, and setting up a new rule of faith :
and, indeed, this gentleman afterwards gives very broad in
timations that Scripture is not the whole rule of faith." So,
now the secret is out : and I suppose by this time it is ma
nifest what cause he is serving ; and that he has something
else more at heart than the doctrine of the Trinity. However,
to do him justice, though he has made too many concessions,
and has not sufficiently considered his subject1", he has yet
given us a neat methodical summary of the doctrine of the
ancients upon that head. Only it would grieve a man to
observe how disadvantageous circumstances he chooses to
place those venerable saints in, as overruling the natural
sense of words, and making that heresy which Scripture
has not made so, having no authority for doing it but what
they must borrow from a particular Church0, which gives
the same to every Article of the Trent Creed. But leaving
this gentleman to take his own way, let us now proceed to
the business in hand.
There is no occasion for magnifying Antiquity at the
expense of Scripture ; neither is that the way to do real
honour to either, but to expose both ; as it is sacrificing
their reputation to serve the ends of novelty and error.
a Answer to Dr. Clarke, pref. p. 17. centuries as tardy in the same point.
book 22, 23. Blessed God ! that men should be so fond
b This appears from his lame and con- of human inventions as to sacrifice to
fused account of the word person, p. 5 — them those pillars of our faith which are
11. 38. alone proper and able to support it, — I
c The very pious Mr. Nelson, in a mean Scripture and primitive Antiquity.
letter to a Popish priest, has some re- But to do justice to the memory of so
flections worth the inserting in this place : learned a man as Petavius, the Bishop of
— " I am not ignorant that two of your Meaux told me, discoursing with him
great champions, Cardinal Perron and once on this subject, that in the last edi-
Petavius, to raise the authority of Gene- tion he made of his works, he retracted
ral Councils, and to make the rule of this opinion, which I am willing to be-
their faith appear more plausible, have lieve upon the authority of that great
aspersed, not only the Holy Scriptures, man, &c." — Dr. Hickes's Letters, fyc,
as incapable, by reason of their obscurity, p. 334. Compare Chillingworth, pref.
to prove the great and necessary point of sect. 16, 17, 18. Wall. Inf. Bapt. part ii.
our Saviour's Divinity, but have im- c. 8. f. 6.
peached also the Fathers of the first three

412 THE USE AND VALUE OF [WATERLAND.
Antiquity ought to attend as an handmaid to Scripture, to
wait upon her as her mistress, and to observe her ; to keep
off intruders from making too bold with her, and to dis
courage strangers from misrepresenting her. Antiquity, in
this ministerial view, is of very great use ; which I shall
endeavour to show as distinctly as may be.
But, first, let me premise a few things in order to give
the reader a clearer idea of the true state of the whole case.
It is to be considered that Scripture consists of words, and
that words are but signs, and that common usage and ac
ceptation is what must settle their meaning. And when any
thing comes down to us in a dead language, as Scripture
now does, the customary use of words in that language at
the time when they were spoken or written, must be the
rule and measure of interpretation a ; only taking in with it
the drift and intention of the speaker or writer, so far as it
may be certainly known, or probably presumed from evidences
or circumstances.
It is next to be considered that there is something of
equivocalness and ambiguity for the most part in words or
phrases, though ever so well and wisely chosen ; and that
many, through ignorance, or inattention, or prepossession,
may mistake or pervert their true meaning. Subtle wits
may at any time take advantage of this natural imperfection
of all languages, and may wrest the plainest expressions
from their true and certain meaning to a false and foreign
one. The nature of language, I say, is such, that it may be
done, and the depravity or weakness of mankind is such
that it often will be done : and then disputes will arise about
the jarring and dissonant interpretations, all perhaps ap
pearing severally possible, and all plausibly recommended,
though amongst them all there is but one which is truly
reasonable. It may further be considered that all languages abound
with metaphors, tropes, figures, or schemes of speech ; and
it is allowable to interpret figuratively, allegorically, em
blematically as often as there is a necessity for it, or good
reason to apprehend that the thing was written in the way
a See Rogers's Review, p. 41 — 51.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 413
of figure, allegory, or emblem. This allowable liberty may
easily be extended too far through want of judgment, or
want of care, or want of honesty and sincerity. Indeed,
most of the abuses with regard to interpreting of Scripture,
when traced up to their fountain head, will appear to have
been owing to this, that some will fancy the plain and
obvious sense unreasonable or absurd when it really is not ;
and will thereupon obtrude their own surmises, conjectures,
prejudices upon the Word of God. For having taken their
own conceits for certain truths, and having determined
beforehand that the letter of Scripture shall give way to
them, they will of course rack and torture Scripture as far
as wit, learning, or invention can assist them, in order to
contrive some construction or other, which may but seem to
favour their preconceived opinions ; unless they choose rather
to reject or adulterate the texts which make against them,
or to devise new Scriptures to serve the purpose.
Add to this, that the art of torturing plain words has been
advanced to great perfection in these latter ages, since the
revival of learning and sciences ; and especially since the
Sociniansa and Romanists have taken almost incredible pains
to make themselves complete masters in that way. There is
nothing now almost, but what some or other will attempt, if
there be occasion, to drag over into the service of any cause,
and to wrest to what sense they please, though ever so con
trary to the words themselves, or to the known intention of
a The Socinian management is thus cographis cognitas ; modo per avdXvaiv
elegantly described by Abr. Calovius: — violentam, modo per e^hyoaiv prorsus
" Dici non potest quam nefario ausu, insolentem, interdum et KaTcX Stdfierpov
quam profana impietate, quam horrendo oppositam et contrariam, sacras literas
sacrilegio versentur illi Scripturarum detorquent. Quadrata rotundis, supera
corruptores in sacris Literis, ut suae aut inferis, ccelum terris miscent, horren-
favere videantur, aut saltem non adversari daque <prpe§A(rr?jTi oracula sanctissima
sententia. Modo enim scripta beiirvevaTa, pervertunt, detestanda y.eTa/j.op<piio-ei.
partim Novi, partim et imprimis Veteris transformant. Quicquid denique apertum
Testamenti, de sublimi auctoritatis Di- et clarum in sacris Literis, id veluti sepiee
vinae fastigio deturbant ; modo Sententias rationis suae obscurant atramento. Ipsam
et Periodos quasdam Seripturae sacrae in autem Scripturam perplexitatis, avtOTopv-
dubium revocant ; modd distinctiones uias, a.Traib'evolas, avaKo\ov6elas, ambigui-
Parenthesium et Cola intervertunt, ac tatis, obscuritatis, incertitudinis, erroris,
Trajectionum novo ebp-fifiaTi Spiritus S. falsitatis, impie postulant et accusant ;
Sensum invertunt ; modo per Apostro- scilicet juxta illud Hieronymi veriver-
phas, vel Exclamationes mentem Scrip, bium, heeretici convicti de perfidia, con-
turae corrumpunt ; modo per construe- feruntse ad maledicta." — See Wucherer,
tionesrecens excogitatas,moddper vocum Vindic. adv. Whiston. p. 21. a.d. 1732.
significationes inusitatas, nullisque Lexi-

414 THE USE AND VALUE OF [WATERLAND.
the authors or compilers. The ancient misbelievers most of
them were young practitioners in comparison : for they com
monly rejected or adulterated the Scriptures which they did
not like a, not understanding, or however not trusting to
qualifying interpretations, which might steal away the sense,
without injuring the letter.
Lastly, it should be considered, that God has provided no
other general remedies against these and the like abuses, or
against our being imposed upon by them, than what he has
provided against any other wiles of Satan, or any other
temptation ; namely, prayer and watchfulness, care and
endeavour, and the use of proper means. We are no more
secure against heresy than we are against any other sins.
But there are as strong temptations to it, founded in natural
pride, vanity, curiosity, emulation, envy, ambition, or some
times credulity, supineness, secular interest, or revenge, as
there are to other vices of a coarser kind.
These things considered, it will be highly expedient to
take in all the helps we can procure, for the ascertaining the
true and full meaning of Sacred Writ, and for preserving, so
far as in us lies, the doctrines of Christ. No proper means
are to be neglected, or set aside, lest we fall into error for
want of the use of such means, or be found guilty of de
spising the gifts of God. Now we may come to the main
question, whether antiquity may not be justly reputed one of
the proper means, or how far it is so ? In which inquiry I
shall proceed by several steps or degrees, for the clearer and
more distinct conception of what belongs to it, under its
several views.
1. The ancients, who lived nearest to the Apostolical
times, are of some use to us, considered merely as contem
porary writers, for their diction, or phraseology. Any other
coetaneous writers, Jewish or Pagan, are of use in that
view ; but home- writers, Christian authors, will be so more
especially, as conversant in the same subjects, and breathing
the same spirit with the sacred writers themselves.*1 This,
a The heretics so charged are Cerin- thoites, Alogi, Pepuzians, Severians, and
thus, Ebion, Saturninus, Carpocrates, perhaps some others.
Cerdon, Marcion, Lucian, Apelles, Ta- » Vid. Dodwell, Dissert, in Iren. in
tian, Ptolemaeus, Theodotus, Artemon, Proefat. s. 15. et Dissert. 1.
Manichams, the Ophita;, Cainites, Se-

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 415
however, is the least, and the lowest use of the ancient
Fathers ; besides that we have but few, and those very short
tracts, which bear so early a date.
2. A further use of the ancient Fathers is seen, in their
letting us into the knowledge of antiquated rites and cus
toms, upon which some Scripture allusions may be formed,
and upon the knowledge of which the true interpretation of
some Scripture phrases or idioms may in some measure de
pend.3 But this general use is such as may also be answered,
in a lower degree, by any as early writings, Jewish or
Pagan ; as likewise by lexicons, or books of antiquities.
3. The ancient Fathers are further useful, as giving us
insight into the history of the age in which the sacred books
(of the New Testament, I mean) were written. For there
is nothing which is apt to give so much light to any writing,
as the well understanding and considering the historical
occasion of it : a much surer and safer rule to go by, gene
rally speaking, than mere criticising upon words ; as is
manifest in the case of charters, statutes, records, and other
ancient monuments.
4. I come, fourthly, to mention some more peculiar and
eminent views, in which the most ancient Fathers may be
exceedingly useful, for fixing the sense of Scripture in con
troverted texts. Those that lived in or near the Apostolical
times, might retain in memory what the Apostles themselves,
or their immediate successors thought and said upon such
points. And though there is no trusting, in such case, to
oral tradition, distinct from Scripture, nor to written, dis
agreeing with Scripture ; yet written accounts, consonant to
Scripture, are of use to confirm and strengthen Scripture,
and to ascertain its true meaning. Ignatius, for instance,
had been intimately conversant with the Apostles b, and was
a disciple of St. John0 : and therefore he may reasonably be
presumed to have justly represented the mind of the Apostles
in the doctrine he has left behind him, extant at this day.
This the learned Mosheim has admitted, and even contended
a Dodwell, Dissert, in Iren. i. c. 44. c Act. Ignat. p. 9. Edit. Grab, in
b Chrysostom. Horn, in Ignat. torn. i. Spicileg.
p. 499. Socrat. Eccl. H. lib. vi. c. 8.

416 THE USE AND VALUE OF [WATERLAND.
fora, though otherwise no zealous admirer of the ancient
Fathers. The like may be said of Polycarp, who had been taught
immediately by the Apostles, and had conversed with many
who had seen our Lord.b He was also particularly ac
quainted with St. John °, was one of his disciples, and
ordained Bishop of Smyrna by his hands.4 His doctrine, so
far as it reaches, and may be certainly depended upon as his,
whether we have it at first or at second hand, will be of great
use for confirming the sense of Scripture, being a secondary
attestation of the same doctrine : which Mosheim, before
mentioned, does also allow, and plead for.6 Our most
reverend Metropolitan, speaking of the authority of the very
early Fathers, sums it up in these several particulars :
" 1. That they were contemporary with the Apostles, and
instructed by them. 2. That they were men of an eminent
character in the Church, and therefore such as could not be
ignorant of what was taught in it. 3. They were careful
to preserve the doctrine of Christ in its purity, and to oppose
such as went about to corrupt it. 4. They were men not
only of a perfect piety, but of great courage and constancy,
and therefore such as cannot be suspected to have had any
design to prevaricate in this matter. 5. They were endued
with a large portion of the Holy Spirit, and, as such,
could hardly err in what they delivered as the Gospel of
Christ. 6. Their writings were approved by the Church in
those days, which could not be mistaken in its approbation
of them." f
Mr. Bayle allows that, " in the days of the Apostles, or
their first disciples, it had been easy to discover those who
gave the Scriptures a wrong interpretation, because the in-
a Si doctrinam quam hie publice pro- d Hieronym. Catal. Scriptor. Eccl.
posuit,intelligimus,idsimul quod Petrus, c. 17. Tertullian. Prescript, c. 32.
Joannes, caeterique Servatoris amici sen- e Indubitatae itaque fidei testem rur-
serint, et Antiochenis tradiderint, explo- sus habemus, non modo doctrinae quam
ratum habemus. — Mosheim. Vindic. ipse cestui suo tradidit, sed et ejus quiim
contr. Toland. s. 1. c. 8. Compare Abp. optimus magister discedens suis reliquit.
Wake, c. 10. p. 111. 114. 2d Edit. — Mosheim, ibid. p. 237. Abp. Wake's
b Iren. lib. iii. c. 3. Euseb. E. H. Apostolical Fathers, u. 10. p. 111.
lib. iv. c. 14. f Abp. Wake's Apostolical Fathers, c.
c Iren. Ep. ad Florin, int. Fragment. 10. p. 110.
p. 340. Euseb. E. H. lib. v. c. £0.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 417
fallibility of the Apostles, who might have been consulted by
word, or by letter, and the fresh remembrance of the verbal
instructions they had given their disciples, and pastors
whom themselves had consecrated, was a ready means for
clearing any doubt or disputed point. "a It appears then
to be on all hands agreed, that those most early Fathers are
competent witnesses of the doctrine of the Church in their
days ; nay, and of the doctrine also of Christ, and his
Apostles, to whom they immediately succeeded : and there
fore their general sense is of signal use, so far as it reaches,
to ascertain the interpretation of Scripture, and more
especially as being consonant to the easy and natural import
of the words themselves.
The like may be said in proportion, and in a lower degree,
of the writings of Justin Martyr, Athenagoras, Irenseus, and
Clemens Alexandrinus0, eminent personages, who flourished
within fifty, or sixty, or at most ninety years of the Aposto
lical age. Their nearness to the time, their known fidelity,
and their admirable endowments, ordinary and extraordinary,
add great weight to their testimony, or doctrine, and make
it a probable rule of interpretation in the prime things : but
there is another consideration, to follow in its place, which
will give it. still greater strength of probability than what I
have here suggested. As to later Fathers, the argument in
this view loses its force more and more, the lower we de
scend. Yet it deserves our notice, that the Fathers of the
third and fourth centuries had the advantage of many written
accounts of the doctrine of the former ages, which have since
been lost ; and therefore their testimonies also are of con
siderable weight, and are a mark of direction to us, not to
be slighted in the main things. Neither indeed is this saying
anything very highly of them, but may be thought rather to
be setting them too low, and sinking them beneath their
real value : for the testimonies of Jews, heretics, or
pagans, so far as we can depend upon them, must be allowed
a Bayle's Supplement to Philosophical had truly preserved the tradition of the
Commentary, p. 692. blessed doctrine, as coming directly from
* Clemens of Alexandria, the latest of the holy Apostles, Peter, James, and
the four, yet testifies of himself that he Paul. — Strom, lib. i. p. 322. Conf.
had received his doctrine from several Grabe, Instances of Omissions and De-
disciples of the very chief Apostles, who fects, &c, p. 9.
VOL. III. E E

418 THE USE AND VALUE OF [WATERLAND.
to carry in them the same use, where they testify any thing of
the general doctrine or practice of the Christian Church, in
their times. Pliny, Lucian, Celsus, and Julian, to name no
more, are all useful to us in this view, as they give some
light into the doctrine of the first and purest ages. They
confirm the fact, that such doctrines were then generally
taught, and they corroborate other evidences. Socinus
seems to have allowed more to one testimony of Lucian,
than to many Christian evidences.a No doubt but it was
some advantage to it in his esteem, that it came from a
pagan : though still it had not weight enough to conquer his
prejudices : for he never wanted evasions. But I pass on to
what I intend further. All kinds of evidences are of use,
which can bring us any light, as to what the doctrine of the
Church was in the best and purest ages : and when we are
once advanced so far as to come to any certainty about that
fact, then we have ground whereon to stand, and can build
our argument upon it.
5. The next consideration therefore is this, that a very
particular regard is due to the public acts of the ancient
Church, appearing in creeds made use of in baptism, and iu
the censures passed upon heretics ; and the observable har
mony and unanimity of the several Churches b, in such acts,
is a circumstance which adds irresistible force to them. It
is not at all likely that any whole Church of those early
times should vary from Apostolical doctrine in things of
moment ; but it is, morally speaking, absurd to imagine
that all the Churches should combine in the same error, and
conspire together to corrupt the doctrine of Christ.0 This is
a Nee vero nobis quidquam hactenus tur. — Iren. lib. iii. c. 3. Itaque tot ac
legere contigit, quod trini istius Dei, a tantae Ecclesiae una ilia ab Apostolis
Christianis jam tum recepti et culti, fidem prima ex qua omnes. Sic omnes primae,
facere videatur magis, quam quae ex et Apostolicae, dum una omnes probant
dialogo, qui Philopatris inscribitur, et unitatem ; dum est illis communieatio
inter Lnciani opera numeratur, ad id pacis, et appellatio fraternitatis, et con-
probandum affert Genebrardus, lib. i. et tesseratio hospitalitatis : quae jura non
ii. de Trinitate. — Socin. adv. Eutrop. c. alia ratio regit, quam ejusdem sacra-
15. p. 698. op. menti una traditio  Tertul Prescript.
b Traditionem itaqiie Apostolorum in u. 20.
toto mundo [manlfestatam in omni Ec- c Ecquid verisimile est, ut tot ac tantae
clesia adest respicere omnibus qui vera in unam fidem erraverint ? nullus inter
volunt videre. Et habemus annumerare multos eventus unus est. Exitus variasse
eos, qui ab Apostolis instituti sunt Epis- debuerat error doctrinae Ecclesiarum.
copi in Ecclesiis, et successores eorum Ceterum, quod apud multos unum in-
usque ad nos, qui nihil tale docuerbnt, venitur, non est erratum, sed traditum. —
neque cognoverunt quale ab his dclira- Tertitl. Prescript, c. 28..

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 419
the argument which Irenseus and Tertullian insist much
upon, and triumph in, over the heretics of their times, and
it is obliquely glanced upon by Hegesippus and Clemens
Alexandrinus of the same second century, and by Origen
also of the third. The argument was undoubtedly true and
just, as it then stood, while there were no breaks in the
succession of doctrine, but a perfect unanimity of the Churches
all along, in the prime articles ; though, afterwards, the
force of this argument came to be obscured, and almost lost,
by taking in things foreign to it, and blending it with what
happened in later times. The force of it could last no
longer than such unanimity lasted. I say, while the Churches
were all unanimous in the main things (as they were in
Irenseus's time, and Tertullian' s, and for more than a cen
tury after), that very unanimity was a presumptive argu
ment, that their faith was right, derived down to them from
the Apostles themselves.1 For it was highly unreasonable
to suppose, that those several Churches, very distant from
each other in place, and of different languages, and under
no common visible head, should all unite in the same errors,
and deviate uniformly from their rule at once. But that
they should all agree in the same common faith, might easily
be accounted for, as arising from the same common cause,
which could be no other but the common delivery of the
same uniform faith and doctrine to all the Churches by the
Apostles themselves. Such unanimity could never come
by chance, but must be derived from one common source ;
and therefore the harmony of their doctrine was in itself a
pregnant argument of the truth of it.b As to the fact, that
the Churches were thus unanimous in all the prime things,
in those days, Irenseus, who was a very knowing person,
and who had come far East to settle in the West, bears
ample testimony to it.0 Tertullian, in the two passages last
cited from him, testifies the same thing, as to the unanimity
a See this argument very well ex- guaque dissitas, earn doctrinee concor-
plained and enforced by Dr. Sherlock, in diam ab uno fonte hausisse, utpote quae
his Present State of the Socinian Contro- a casu non introducta videtur, — Sam.
versy, c. 2. a. 2. p. 60. &c. ; Chilling- Basmag. Annal. torn. i. p. 742.
worth, c ii. s. 147. p. 98. c Iren. lib. i. c. 10., alias 3., lib. iii.
b Vero simile fit complures Ecclesias c. 3, 4.
originis Apostolicae, regionibus lin-

420 THE USE AND VALUE OF [WATERLAND.
of the Churches of those times in the fundamentals of Chris
tian doctrine. Hegesippus, contemporary with Irenseus,
gives much the same account of the succession of true doc
trine, down to his own time, in the several Churches.3
Clemens of Alexandria means the same thing, where he re
commends the faith of the universal Church as one, and as
more ancient than heresies. b And Origen of the third cen
tury testifies the same of the Church in his time, and argues
in the same manner from it.0 Irenseus and Tertullian were
both of them so strongly persuaded of the certainty, first, of
the fact, and next of the inference from it, that they scrupled
not to urge it as a very full and convincing proof of the
Apostolical faith, singly considered"1, and abstracting from
Scripture proof an argument which there is no need to be
jealous of, if it be but rightly understood, and limited to
such circumstances as it was grounded upon. For the
meaning was not, that Apostolical Churches could never err,
nor that tradition would be always a safe rule to go by ;
but such tradition as that was, which might easily be traced
up to the Apostles, by the help of writings then extant (as
easily as we may now trace up the doctrine of our Church to
the reign of Charles, or of James I.), such a tradition
might be depended upon. Besides that the unanimity of the
Churches all the world over (which could not be rationally
accounted for on any other supposition but that they had
been so taught from the beginning) confirmed the same
thing. The argument in this light, and in those circum-
'• 'Ev iKdo-TT) 5e Siadoxy, teal h eKaorjj veritatem, quam facile est ab Ecclesia
Tr6\et, outus exei, o>s 6 v6p.os KijpurTei, ko.1 sumere, &c. Quid enim, etsi de aliqua
ol irpotp-qTai, Kal 6 Kvptos. — Hegesii-p. ap. modica quaestione disceptatio esset, nonue
Euseb. lib. iv. c. 22. oporteret in antiquissimas recurrere Ec-
b Clem. Alex. Strom, lib. vii. p. 898, clesias, in quibus Apostoli conversati
S99. Conf. Strom, lib. i. p. S22. sunt, et ab eis de praesenti quaestione su-
c Cum multi sint, qui se putant scire mere quod certum et re liquidum est ?
quae Christi sunt, et nonnulli eorum Quid autem si neque Apostoli quidem
diversa prioribus sentiant, servetur vero Scripturas reliquissent nobis, nonne opor-
Ecclesiastica praedicatio per successionis tebat ordinem sequi traditionis, quam
ordinem ab Apostolis tradita, et usque tradiderunt iis quibus eommittebant Ec-
ad preesens in Ecclesiis permanens: ilia clesias? Cui ordinationi assentiunt multae
sola credenda est Veritas, qua; in nullo gentes Barbarorum eorum qui in Chris-
ab Ecclesiastica traditione discordat. — tum credunt, sine charta et atramento
Origen. in Apolog. Pamph. inter op. scriptam habentes per Spiritum in cordi-
Hieron. torn. v. p. 223. bus suis salutem, et veterem traditionem
d Tantae igitur ostensiones cum sint, diligenter custodientes, &c.  Iren. lib.
non oportet adhuc quaerere apud alios iii. c. 4.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 421
stances, was a very good one. But when those circum
stances came to be altered, and there had been several breaks
in the succession of doctrine, and that too even in the Apo
stolical Churches, then there could be no arguing in the same
precise way as before ; only thus far they might argue in
after times (upon a supposition that their faith could be
proved to be the same as in the former ages), that since
their doctrine was still that very doctrine which the Churches
held while they were unanimous and had admitted no
breaks, therefore it is such as was from the beginning in the
Church of Christ. In this manner we can reason even at
this day, and can thereby make Irenseus's or Tertullian's
argument our own " ; provided we have first proved that the
faith we contend for, is the very same that obtained in the
Churches of that age.
But before I leave this head, I would observe something
more particularly of Tertullian's manner of expressing him
self in this case ; he did not only conceive that an argument
might be drawn from tradition alone, abstracting from
Scripture, but he preferred that way of arguing, in disputes
with heretics, as a shorter, easier, nay, and surer method of
confuting, than engaging with them upon the foot of Scrip-
ture.b This may appear to us now an odd way of talking ;
but if it be taken as he meant it, and with a view only to the
then present circumstances, I believe it will be found to
a Ad hanc itaque formam probabuntur incertior discedet, nesciens quam haeresin
ab illis Ecclesiis, quae licet nullum ex judicet. Haec utique et ipsi habent in
Apostolis, vel Apostolicis, auctorem suum nos retorquere. Nece^se est enim et illos
proferant, ut multd posteriores, quae de- dicere, a nobis potius adulteria Scrip-
nique quotidie instituuntur, tamen in turarum, et expositionum mendacia in-
eadem fide conspirantes, non minus Apos- ferri, qui proinde sibi defendant veritatem.
tolicae deputantur pro consanguinitate Ergo non ad Scripturas provocandum,
doctrinae. — Tertull. Prescript, c. 32. nee in his constituendum certamen, in
b Quid promovebis, exercitatissime quibus aut nulla, aut incerta victoria est,
Scripturarum, cum si quid defenderis, aut par incertae. Ordo rerum desidera-
negatur; ex diverso, si quid negaveris, bat illud prius proponi, quod nunc solum
defendatur : et tu quidem nihil perdes, disputandum est, quibus competat fides
nisi vocem in contentione; nihil conse- ipsa, cujus sunt Scripturae; a quo, et
queris, nisi bilem de blasphematione. per qnos, et quando, et quibus sit tradita
Ille vero, si quis est, cujus causa in con- disciplina qua: fiunt Christiani. Ubi
gressum descendis Scripturarum, ut eum enim apparuerit esse veritatem et disci-
dubitantem confirmes, ad veritatem, an plinae et fidei Christiana;, illic erit Veritas
magis ad haereses deverget? Hoe ipso Scripturarum, et expositionum, et om-
motus, quod te videat nihil promovisse, nium traditionum Christianarum. — Ter-
aequo gradu negandi, et defendendi ad- iull. Prascrivt. c. 17, 18.
versa parte, statu certe pari, altercatione E E 3

422 THE USE AND VALUE OF [WATERLAND.
turn out right. He could not mean that the tradition of the
sense of Scripture was more certain than the tradition of
the words or books of Scripture ; neither could he design
to intimate that Scripture texts did not themselves afford as
certain, or more certain, proofs of a doctrine than tradition
could do, among persons qualified to judge in a critical way ;
neither could he imagine, that Scripture should not be made
use of, or should not be looked upon as the principal thing,
in written debates against heretics ; for no man makes more
or better use of Scripture in that way than himself does ;
all he seems to have meant was, that in verbal conferences
with heretics, in the presence of weak and infirm Christians,
the wisest way would be, not to engage the adversaries on
the foot of Scripture (to bring on a debate about the Canon
of Scripture, and the strict meaning of words or phrases,
and so to discuss the whole in a logical and critical way,
tiresome to ordinary Christians, and commonly fruitless a),
but to put the issue of the cause upon a few plain and short
questions, such as common Christians could better judge of.
It was easy to discern what party of men had been suc
cessors to the Apostles, and had in constant succession made
up the body of the Church, preserving the same faith with
great unanimity. This argument from tradition was an
argument drawn from sensible fact, and was much more
affecting, obvious, and popular, than dry altercations about
the authenticity of the books of Scripture, or the precise
meaning of words ; and it was certain enough, at that time,
to be depended upon ; and therefore Tertullian recommended
that method of debate, in such verbal conferences, rather
than any other. Wherein to me he seems to have judged
very well upon the prudential case, and like a wise and a
sagacious man.b Nevertheless, as often as he employed his
pen in controversy with heretics, and drew up polemical
a Scripturas obtendunt, et hac sua au- sessio Scripturarum, ne is admittatur ad
dacia statim quosdam movent. In ipso earn, cui nullo modo competit  Ter-
vero congressu firmos quidem fatigant, tui.l. Prcescript. c. 15.; conf. c. 37.
infirmos capiunt, medios cum scrupulo b See Stillingfleet (Answer to several
dimittunt. Hunc igitur potissimum Treatises), Works, vol. v. p. 79, 80.
gradum obstruimus, non admittendos eos Dodwell, Dissertat. in Iren. lib. iii. s.
ad ullam de Scripturis disputationem. 30. p. 282, 283. Taylor, Lib. of Proph.
Si hae sint illae vires eorum, uti eas habere p. 124.
possint, dispici debet, cui competat pos-

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 423
tracts, though he would not omit to mention the additional
advantage he had in point of prescription or tradition a, yet
he chose to pass it off in short hints, and not to dwell upon
it, but rather to rest the issue of the main cause upon Scrip
ture and reason.
A learned foreign divine has indeed blamed Tertullian for
his conduct in this affair, as derogating from the authority of
Scripture, by laying such stress upon tradition, which appears
not to be a just censure ; but that learned writer runs into the
other extreme, while he avers that it is by Scripture only
that the verity or antiquity of a doctrine may be proved."
There are two ways of proving the antiquity, and conse
quently the verity of a doctrine, namely Scripture and Church
history ; and these two differ only in the manner of proof,
or in the degree of moral certainty. Can we prove for
instance, what were the tenets of the ancient heretics by the
help of Church history and records, and cannot we as well
prove what were the tenets of ancient Christians in the same
way ? It is true we might more certainly prove what those
heretics held from their own books if we had them, and so
we may more certainly prove what was the faith of the first
Christians from Scripture than from any Church records :
but still the same thing is proved both ways, and by two
kinds of evidences, differing only, as I said, in degree of pro
bability or moral certainty. Aud therefore the learned
Mosheim, as I before took notice0, scruples not to assert in
broad terms, that the antiquity of the Christian faith is
proved from the writings of Ignatius and Polycarpd ; and he
allows the same thing with respect to Clemens Romanus,
and Hegesippus6, and Caiusf, and Irenseus8, and, by parity
of reason, to all other Church writers whose accounts may be
depended upon.h The admitting such a secondary proof in
" Vid Tertullian, contr. Marc. lib. i. a Mosheim, Vindic. adv. Toland. c. 8.
c 1. p. 20. ; lib. iii. „. 1. contr. Prax. p. 221, 222, 223.
c. 2. " Ibid- P- 218-
b Hue ilia referenda sunt effata, quibus f Ibid. p. 224.
Scripturae sacrae derogare auctoritati vi- e Ibid. p. 238.
detur, cum tamen ea sola sit, ex qua et h It is observable of Polycarp, in par-
veritas et antiquitas dogmatis cujusdaiti ticular, that he convinced and converted
probari queat  Buddei Isagog. vol. i. p. great numbers to the true faith by the
gg-j strength of tradition, being a sensible
c ' See above, p. 367. argument, and more affecting at that
E E 4

424 THE USE AND VALUE OF [WATERLAND.
this case is not derogating from Scripture authority, but is
confirming and strengthening it in more views than one ; as
it is accepting the same kind of proof here which we accept
in another case with respect to the Canon of Scripture ; and
as it is corroborating the Scripture account of the Christian
faith, with collateral evidences both to illustrate and enforce
it. Not that one would, at this time of day, presume to rest
an article of faith upon Church records alone, or upon any
thing besides Scripture ; -but while the superior proof from
Sacred Writ is the ground of our faith % the subordinate
proof from antiquity may be a good mark of direction for
the interpretation of Scripture in the prime doctrines.15 If
we can prove from ancient records what that faith was which
obtained so universally in the second century, and later, we
can then argue from it in like manner as Irenseus, Hege-
sippus, Tertullian, yea, and Clemens also and Origen did,
and can make the like use of it against those that pervert
Scripture. Only, indeed, there will be this difference : that
the argument, as now urged, is become one of the learned
kind, and therefore not so well adapted to common capacities
as it formerly was ; and it is somewhat weaker to us in an
other respect, as we have not so many evidences now extant
as those writers then had, whereby to prove such constant
succession of doctrine so long, and such unanimity of the
Churches in professing it. But, notwithstanding, we have
time, than any dispute from the bare to lay us under an inevitable necessity of
letter of Scripture could be. (See Ire- submitting commonly to such evidence,
naeus, lib. iii. c. 3. p. 177.) It was under and he cannot be supposed (without ma-
Anicetus, about the year 145. See nifest absurdity or blasphemy) to have
Pearson, Op. Posth. c. 14. &c. Dodwell, thus exposed the wisest, and most pious,
c. 13. and most considerate men to fatal and
a Scripture is the ground of our faith, endless delusions. So then, in the last
considered as the infallible word of God ; result, faith again resolves into, or rests
but then that it is really the word of upon the truth and goodness of God.
God, and that such is the sense of this b Quoties de scripti sensu quaeritur,
or that text, ordinarily stands only upon magnam vim habere solet, tum usus
moral proof ; so that our faith at length sequens, tum prudentum auctoritas.
resolves into moral evidence, as it is a Quod etiam in divinis scriptis sequendum
known rule that the conclusion follows est. Neque enim probabile est, Ecclesias
the weaker of the premises, and can be quae ab Apostolis constitutae sunt, aut
no stronger than that is. But then again, subitd, aut omnes defecisse ab iis, quae
it is to be considered that the strength Apostoli breviter praescripta ore libe-
of moral evidence, in the general, re- ralius explicaverant. — Grotius deJur. B.
solves at last into divine veracity and et P. lib. i. c. 2. s. 9. p. 60.
faithfulness, since God has so made us, as

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 425
evidences sufficient to persuade rational men, and the argu
ment is still a good onea, though with some abatements.
6. There is one consideration more, tending still to
strengthen the former, and which must by no means be
omitted ; namely, that the Charismata, the extraordinary
gifts, were then frequent, visibly rested in and upon the
Church, and there only. I have occasionally hinted some
thing of this matter before13, so far as concerned Irenaeus,
and shall now throw in some additional evidences to make
good the same thing. Justin Martyr is a witness of the
frequency of the miraculous operations in his time, and he
makes use of it in his dispute with Trypho0 as an unanswer
able argument in behalf of Christianity against the Jews,
which St. Paul himself had done before him.d Irenseus, as
observed above, made the like use of it against heretics ; and
so does Tertullian, though in remote hints, and somewhat
more obscurely.6 Those extraordinary gifts continued in a
good measure, though decreasing gradually, for the three
first centuries at least/ So, then, besides oral tradition for
the faith of the ancient Churches, which was least to be
depended upon, or lasted but a little time, — besides written
accounts which might more securely be confided in, besides
the unanimity of doctrine in all the Churches, which was
itself an argument that it had been from the beginning, — I
say, besides all these, the testimony of the Spirit visibly
residing in the Church, and discovering itself in supernatural
operations, that was a further evidence of the truth of the
doctrine then generally held. For it is by no means probable
that those primitive Churches, so highly favoured from
above, so plentifully enlightened and comforted by the Holy
Spirit of God, should be permitted to fall into any dangerous
errors, or should not preserve, at least in points of import-
a This is an unanswerable argument, b See above.
as long as we can suppose the tradition ° Justin Martyr, Dial. p. 308. 315.
of the Catholic faith and the communion edit. Par. alias 315. 329.
of the Church was preserved entire, d Gal. iii. 2.
which it visibly was, at least till the first e Tertullian, Praescript. c. 28, 29.
Nicene Council; and had we no other f Vid. Spencer in Notis ad Origen.
ways to know it, we might learn the faith contra Cels. p. 5. &c. Dodwell, Dissert.
of the Catholic Church by its opposition in Irenaeum, ii. Dissert. Cyprianic. iv.
to those heresies which it condemned — Remarks on Christianity, &e, part i.
Sherlock's Present State of Socin. Con- continued, p. 51. &c.
trov. p. 64.

426 THE USE AND VALUE OF [WATERLAND.
ance, the true and ancient faith derived from Christ and his
Apostles. But that this argument may appear to greater
advantage, I shall take leave to borrow the excellent words
of an abler handa, which has set it forth in a very true and
strong light : —
" It is, I think, impossible in a moral sense, that those
good men should successively concur to impose upon the
Church a false interpretation of notorious passages of the
Sacred Writings for the following reasons : —
" (1.) That the Spirit of God was given to theChurch,to
guide and instruct it in necessary truth.
"(2.) That according to the records of those early ages,
the extraordinary gifts of the Spirit of God continuing in
the Church, were undoubted evidences of His presence
with it.
" (3.) That it cannot be supposed while the Spirit of God
was present with the Church in so remarkable a manner, and
the Church itself so little removed from the times of the
Apostles, that the letter of Scripture, especially in matters of
greatest concern, should be generally understood in another
sense than what was agreeable to the Spirit of God, and to
that which the Apostles had taught and delivered.
" (4.) That the Doctors of the Church, through the diffi
culty of the times and the dangers they were exposed to on
account of religion, were more concerned to prepare for the
blessings of another world, by recommending truth to the
consciences of men, than to provide for the flesh and the
enjoyments of the present, by dividing the Church and
seducing the simple with pernicious doctrines.
" (5.) That their writings suppose, or expressly affirm,
that Scripture was received in an uniform sense in the
Churches of Christ.
" (6.) The consequence of which is, that whensoever it
appears that the Doctors of the Church successively agree,
from the very beginning, in a uniform interpretation1" of cer
tain passages of the Sacred Writings, relating to the chief and
fundamental articles of revealed truth, such interpretation
a Dr. Knight's Preface to his Eight >> Iren. lib. iv. c. 35., alias 69.
Sermons, p. 4, 5, 6. Compare Dr. Ber-
riman's Historical Account, p. 2, 3, &c.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 427
ought to be received as the mind of the Spirit in the afore
said passages ; and conclusions drawn from such expositions
are not founded on the doctrines of men, but the mind of the
Spirit contained and conveyed in the letter of Scripture."
This reasoning I apprehend to be just and solid, and to
carry much greater weight with it than any the most inge
nious conceits and surprising subtleties of the Polonian
Brethren, whereby they have laboured to give something of
a gloss or colour to their novel constructions of the sacred
oracles. But, to be a little more distinct and particular, I
proceed to build upon the foundations here laid, for the more
fully demonstrating the use of antiquity.
7. The least that we can infer from what hath been
already said is, that the sense of the ancients once known, is
a useful check upon any new interpretations of Scripture
affecting the main doctrines. It has a negative voice, if I
may so call it, in such a case ; and it is reason sufficient for
throwing off any such novel expositions, that they cross upon
the undoubted faith of all the ancient Churches, or contain
some doctrine as of moment to be received, which the
ancients universally rejected or never admitted.3 This nega
tive way of arguing is, I think, generally allowed, and can
hardly hear any controversy. Bishop Stillingfleet observes
to this purpose, " That it is sufficient prescription against
anything which can be alleged out of Scripture, that if it
appear contrary to the sense of the Catholic Church from the
beginning, it ought not to be looked upon as the true mean
ing of Scripture. All this security is built upon this strong
presumption, that nothing contrary to the necessary Articles
of Faith should be held by the Catholic Church, whose very
being depends upon the belief of those Articles which are
necessary to salvation." b
The famous Daille, whom no man can suspect of partiality
towards the ancients, acknowledges as much as I have here
a Sicut in legibus humanis valet qui- batumfuit; ita in Iegibus divinis quidem,
dem ad sensum indagandum, verborum sed humano more per verba, et verborum
ac locutionum cognitio, antecedentium signa literas, expressis, eadem interpre-
etconsequentium series, consideratio ejus tationi circumdanda sunt Repagula. . — .
quae quoque libro tractatur materiae, sed Grotius, Rivet. Apologet. Discuss, p. 685.
haec omnia ita sunt dirigenda, ne impin- Conf. 724.
gant in id quod ab initio publicatae legis b Stillingfleet's Rational Account, u. 2.
de re quaque reeeptum et judiciis appro- p. 59.

428 THE USE AND VALUE OF [WATERLAND.
mentioned where he says, " What probability is there that
those holy doctors of former ages, from whose hands Chris
tianity hath been derived down unto us, should be ignorant
of any of those things which had been revealed and recom
mended by our Saviour as important and necessary to salva
tion ? . . . That they should all of them have been ignorant
of any article that is necessarily requisite to salvation is alto
gether impossible ; for, after this account, they should all
have been deprived of salvation, which I suppose every honest
mind would tremble at the thought of."a
Dr. Whitby, who was not prejudiced on the side of the
Fathers, seems to carry the point rather further, in these
words : —
" In such doctrines as were rejected by the universal
Church as heresies, Augustin saith truly, that it was suffi
cient cause to reject them, because the Church held the
contrary, they being such as did oppose her rule of faith,
or symbol, universally received, and that it was sufficient to
persuade any man he ought not to embrace any of the doc
trines of heretics as articles of faith, because the Church,
who could not be deficient in any point of necessary faith,
did not receive them. This way of arguing negatively, we
therefore, with St. Augustin, do allow : the universal
Church knows no such doctrine ; ergo, it is no article I am
obliged to receive as any part of Christian faith."b Thus
far he at that time ; and in another treatise, which he pub
lished, in Latin, twenty-five years after, when it is certain
he had no very friendly disposition towards the Fathers, yet
still he thought himself obliged to admit such a negative
argument as he had before admitted.0 A negative argu
ment, therefore, being allowed (as, indeed, there is plain
reason for it), it must be allowed also that the Fathers are
of use to us, so far as such an argument can be of use ;
a Daille, Use of the Fathers, c. 6. p. Christiana esse potest. Adeo ut argu-
188. Engl. Edit. mentum negativum in his omnibus cer-
b Whitby's Treatise of Tradition, a.d. tissimum est; hoc vel Mud inter fidei
1689, partii. c. 12. p. 131. morumve dogmata necessaria prius locum
c Distinguendum est inter traditiones non obtinuit, ergo nee hac aetate creditu,
de rebus creditu factuque necessariis, et factuve necessarium dici possit ; quoniam
non necessariis. Traditionibus ad fidem Ecclesia in necessariis nunquam deficit.
moresque necessariis fides adhibenda est, — Whitby, Dissertat. de Scriptur. Inter-
utpote sine quibus nee fides nee vita pretatione, praef. p. 94.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 429
and that the ancients may be of great use in the Church,
in this view, is very apparent, being that they serve as an
outwork (which Daille takes notice of) for the repelling the
presumption of those who would forge a new faith. a
For example, they are of use in this view against the
Romanists, with respect to the novel and supernumerary
articles of the Trent Creed, or Creed of Pope Pius IV.,
imposed upon the consciences of men, as necessary to sal
vation. The ancients are likewise of use to us, under the same
view, against the Socinians, who innovate in doctrines of
the highest importance, teaching things contrary to the
faith of all the primitive Churches, things wherein Christian
worship, as well as faith and hope, are very nearly aud
deeply concerned. It is sufficient reason for rejecting such
novelties, and the interpretations which they are founded
upon, that the Christian world, in the best and purest times,
either knew nothing of them, or rejected them.
The like may be said with respect to the Arian doctrines,
if any man shall presume to obtrude them upon us as
articles of faith. It is a sufficient reason for not receiving
either them or the interpretations brought to support them
that the ancients, in the best and purest times, either knew
nothing of them, or, if they did, condemned them.b It has,
indeed, been pretended, that the ancients, in general, sup
posed God the Father to be naturally governor over the
Son and Holy Ghost. But no proof has ever been made
of it, nor ever can be. On the contrary, it will appear,
upon a careful inquiry, as I have particularly observed in
another place0, that the ancients never did, never consistently
could, intend any such thing; but that Arius and his con-
a Daille, Use of the Fathers, p. 190. judice against all such attempts, as not
b In the doctrine of the Deity of to believe such interpretations true, till
Christ, or of the Trinity, though the they give a just account why, if the
subtlety of such modern heretics as op- belief of these doctrines were not neces-
pose either of those may so far prevail sary, the Christians of all ages, since the
on persons, either not of sufficient judg- Apostles' times, did so unanimously agree
ment, or not sufficiently versed in the to them, that when any began first to
Scriptures, as at present to make them oppose them, they were declared and
acknowledge the places are not so clear condemned for heretics for their pains 
as they imagined them to be; yet their Stillingfleet, Rational Account, c. 2.
being always otherwise interpreted by p. 58.
the Catholic Church, or the Christian c Third Defence, or Further Vindica-
societies of all ages, lays this potent pre- tion, u. 5. p. 108. &c.

430 THE USE AND VALUE OF [WATERLAND.
federates innovated in maintaining that doctrine, and were
condemned for it immediately upon their first introducing it.
But it is needless to urge here (had not the course of my
argument led to it) that Arianism was no matter of neces
sary faith in the esteem of the ancients, having proved in
these papers that the contrary to it was. Only, I was here
to observe the use which might be made of the negative
argument, supposing we could go no further, or had nothing
more to plead from antiquity.
8. I would next advance a step further than the mere
negative argument can directly carry us ; for I conceive that
a just inference may be drawn from that concession, which
will extend our views somewhat beyond what I have just
now mentioned. If the ancients could not be universally
ignorant of any necessary doctrine, since it is morally absurd
that they should be deficient in necessaries, by parity of
reason it must be allowed that they could not generally fall
into fundamental errors, because that also would be failing
in necessaries, inasmuch as nothing can be more necessary
in our religious co'ncernments than to stand clear of all per
nicious or dangerous mistakes. From whence it follows,
that whatever the ancient Churches universally admitted as
a necessary article of faith, must at the lowest be safe doc
trine." And because it is hard to conceive how such a
doctrine as we are now upon could be safe if it were not
true, we may reasonably infer that it is true as well as safe.
Thus far I have been pursuing the consequences which
appear to follow from the concession made by Daille and
others. But I apprehend withal, that the same conclusion will
more directly and closely follow from the principles before
laid down ; namely, that morally speaking, it is absurd to
suppose that the primitive Churches should so universally
maintain one and the same doctrine, if they had not received
it from the beginning ; especially considering the important
" Hie vero ex concessis Dallaeanis recte membrum eos latuisse, et multo incredi-
concluditur, et nullum articulum neces- bilius, prolapsus fuisse in errorem per-
sarium eos ignorasse ; et e fortiore nulla niciosum, seu haeresim sanae fidei con-
execrabili haeresi implicitos, nobis errandi trariam  Scrivener contra Dal. p. 222,
duces extitisse. Minime est probabile 223.
(judice ipso Dalla:o) vel unicum fidei

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 431
nature of the doctrine, and how near they lived to the Apos
tolical age, and how remarkably they were blest, all the time,
with plentiful effusions of God's Holy Spirit. These con
siderations taken together do afford, as I conceive, a positive
argument to prove that what the ancients so held as true and
important (Scripture also, in its easy and most natural sense,
countenancing the same) ought to be received by us as Scrip
ture doctrine1, and valued accordingly. Any other pretended
sense of Scripture, as implying a kind of moral absurdity,
ought to be rejected ; unless it can be proved to carry with
it such a degree of moral certainty as is more than sufficient
to countervail such prescription or prejudice against it. But
now as to the Arian or Socinian interpretations, in this case,
they carry no moral certainty at all, to counterpoise the moral
absurdity which stands against them : therefore the judgment
of the universal Church, were there nothing else, ought to
over-rule their interpretations. For it was morally impos
sible that the primitive Churches should err in doctrines of
that high importance so soon or so universallyb : but it is
not morally impossible, nor at all unlikely, that those later
gentlemen should mistake in commenting upon Sacred Writ.
The sum, then, of the whole case in few words is this :
1. We assert, that the received doctrine of the Trinity is
proved directly to be true, and consequently to be important,
from Scripture itself, according to the known rules of gram
mar and criticism : and such proof cannot be evaded, or
eluded, without doing the greatest violence imaginable to the
texts. 2. In the next place we maintain, that the ancient
Churches taught the same doctrine as an essential, and con-
* Cum majorem omnibus quam sin- salus, vel pax Ecclesiae cordi est. Quic-
gulis Christianis, et universa? quam quid de aliis dicendum est, ea saltem in
particularibus quibuscunque Ecclesiis quae omnes ubique Ecclesiae consen-
fidem habendam esse nemo dubitet ; cum serunt, non possunt non certissima esse,
plurima etiam sint in quae universalis et necessario ab omnibus etiamnum retl.
Ecclesia per multa post Apostolos secula r.enda. — Beverig. Cod. Can. Vindicat. in
consensit ; cum haec denique universalis Prooim. s. 3.
Ecclesiae consensio certissima sit, in iis b Constat proinde omnem doctrinam
quibus habeatur capitibus, sacrae Scrip- quae cum illis Ecclesiis Apostolicis, ma
ture interpretatio ; hinc clarissime con- tricibus et originalibus fidei conspiret,
stat, quali quantoque usui sint antiqui veritati deputandam, sine dubio tenentem
Patres, aliique omnium Ecclesiae secu- quod Ecclesiae ab Apostolis, Apostoli a
lorum Scriptores, quamque necessario Christo, Christus a Deo accepit. — Ter-
ab iis consulendi sint, quibus Ecclesias- tul. Prmscrip. c. 21.
ticas agitantibus controversias vel sua

432 THE USE AND VALUE OF [WATERLAND.
demned the contrary opinions as pernicious and dangerous :
which consideration makes it now doubly absurd to interpret
Scripture in contradiction to that doctrine.3 3. The result of
the two foregoing considerations is, that since we have thus
proved the truth of our doctrine, and the importance of it,
both ways, directly from Scripture, and indirectly from the
ancients, I say the result is that, that this is the faith which
we ought to contend for : we are morally certain every way
that it is true, and if true, important, of course. And since
we have such moral certainty as things of this nature can be
conceived to admit of, and such as God has obliged us to
submit to and follow in other like cases, it is therefore infal
libly certain that I may once more copy after the great Chil-
lmgworth, that, in true wisdom and prudence, we ought to
accept this doctrine as revealed by God, and to maintain it
with a conscientious care and zeal ; and, consequently, to
decline communion with all such as openly impugn it.
Here I thought to have concluded this chapter, having
offered what appeared sufficient for supporting or illustrating
the use and value of ecclesiastical antiquity : but I consider
that some perhaps might think it an omission if I should
take no notice of sundry objections which have been fre
quently urged against the use of antiquity, particularly in
controversies of faith. Now, though I apprehend that a
clear and just stating of the case, which is what I have been
labouring, is the best way of removing objections, as it is
leaving them no foundation to stand upon, or none consider
able ; yet rather than be thought wanting in any respect to
a very important subject, I shall endeavour to return particular
answers to the most noted objections which have fallen
within my observation. The doing it may help to illustrate
a The unanimous consent of so many much different in natural dispositions, in
distinct visible Churches, as exhibited civil discipline and education, to affect or
their several confessions, catechisms, or practise the duty of adoration ; and no-
testimonies of their own or forefathers' thing but the engrafted Word (as St.
faith unto the Council of Nice, was an James calls the Gospel) delivered by
argument of the same force and efficacy Christ and his Apostles in the holy
against Arius and his partakers, as the Scriptures, could have kept so many
general consent and practice of all na- several Churches as communicated their
tions, in worshipping a divine power in confessions unto that Council, in the
all ages, is against Atheists. Nothing unity of the same faith. — Bishop Pa-
but the engrafted notion of a deity could trick, Discourse about Tradition, p. 21.,
have induced so many several nations, so printed a.d. 1683.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 433
the subject ; as it is considering it under various views, turned
and tried every way : and sometimes just answers to objec
tions have the force almost of new proofs, for confirming the
positions before asserted. I incline the more to it, because
great pains have been taken by many to depreciate the value
of antiquity, and to throw contempt upon the primitive
Fathers : which is a very unjustifiable practice, and is
wounding Christianity itself through their sides ; though
some that have done it, might be far from intending it. But
I proceed to particulars.
1. It has been sometimes pleaded, that the Scriptures are
in themselves a perfect rule of faith : what need therefore
can there be of Fathers, with respect to the fundamental
Articles ? a To which we answer, that we produce not
Fathers to superadd new doctrines to Scripture, but only to
secure the old ; not to complete the rule, but more strongly
to assert and maintain both its true sense and whole sense.
The more perfect the rule is, the more care and circumspec
tion it demands, that we may preserve it entire, both as to
words and meaning. For if either of them happens to be
stolen away, or wrested from us, Scripture so maimed or
castrated is no longer that perfect rule which Christ has
ordained. It is much to be suspected, that many pretend a
zeal for Scripture who mean nothing by it, but to have its
fences taken down, that they may deal the more freely, or
rudely with it. They would exclude the ancients, to make
room for themselves, and throw a kind of slight upon the
received interpretations, only to advance their own. Such
commonly has been the way, and therefore there is the less
regard to be paid to magnificent words. They complain
sometimes that interpreting Scripture by the ancients is de
basing its majesty, and throwing Christ out of his throne.1'
But we think, that Christ never sits more secure or easy in
his throne, than when he has his most faithful guards about
him ; and that none are so likely to strike at his authority,
or to aim at dethroning him, as they that would displace his
old servants, only to make way for new ones ; who may
a Whitby, Dissertat. de Scriptur. In- b Whitby, ibid. p. 9.
terpret. in Pnefat. p. 8, 9.
VOL III. F F

434 THE USE AND VALUE OF [WATERLAND.
either obtrude themselves without call, or may be unfurnished
for the employ, or not well affected to his person and govern
ment. But to speak out of figure, and to come closer to the
business, the perfection of Scripture is a point allowed, and is
no part of the question between us : the main question is,
how we may be most secure of reaping the full benefits of
that perfection, whether with the light of antiquity before
us, or without it ? We know how Faustus Socinus, under
colour of extolling the perfection of Scripture, studied nothing
so much as to blazen the perfection of his own parts and
abilities, deserting the ancients, and trusting only to himself
and his uncle Laelius.3 He presumed to set up his own fond
conceits, as the measure of all truth : which in effect was
advancing a new rule of faith, and forcing Scripture to a
compliance with it ; preferring the rovings of his own
imagination before the wisdom of Heaven. It might be
shown on the other hand, that those who have least" indulged
their own fancies, but have adhered strictly to antiquity, in
the prime things, have done most honour to the perfection of
Scripture, and have kept the rule of faith entire ; this, there
fore, is the way, rather than the other.
I may add, that when we say that Scripture is perfect, we
mean generally as to the matter of it, which is full and com
plete to be a rule of life and manners, without taking in any
additional rule to join with it. But if we speak of Scripture
being perfect in regard to words or style, we can mean only
that it is as perfect as words can be, and words (to us now)
of a dead language. Whatever imperfection necessarily goes
along with all languages, must of course go along with
Scripture language, which, though dictated from Heaven, or
conducted by the Spirit of God, is yet adapted to the manner
of men, and must take its construction from the common
rules of interpretation agreed upon among men. Now, if the
Fathers, as living nearer the fountain, had some oppor-
a Neminem enim ego in iis rebus de ilia in me sit, praeter unum Laelium,
quibus in responsione ilia mea disseritur, patruum meum, qui jam diu mortuus
ex iis qui bodie vivunt, ulla ex parte est, vel potius praeter quaedam paucula
magistrum agnosco ; sed Deum tantum- ab ipso conscripta, et multa annotata,
modo praeceptorem habui sacrasque li- nullum prorsus magistrum me habere
teras. Quinetiam in universa ipsa divi- contigit. — Socin. Bp. ad Squarcialupum',
narum rerum scientia, quaecunque tandem app. torn. i. p. 362.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 435
tunities which we want, and might know some things much
better than we at this distance can pretend to do, why should
we neglect or despise any light or help which they can give
for our . direction in settling the sense of Scripture ? In
human laws, as I have hinted above, it has been always
thought a good rule of interpretation (not excluding any
other good rule) to observe upon what occasion the laws
were made, what was their general scope or view, and how
they were understood at their first framing, or immediately
after, and to recollect how the practice ran : hence it is, that
reports, and precedents, and adjudged cases are so highly
useful in interpreting human laws. The case is not much
different in Divine laws, being that they also are written in
human language, and their sense is to be investigated and
cleared up by the like human means. If the Fathers were
fallible, so also are we ; and if they, with all their advan
tages, might misconstrue Scripture, so may we much more.
Therefore there is no prudence in throwing off their assist
ance as useless or superfluous. Even fallible men may be
useful instructors to others as fallible ; and in a multitude of
counsellors, especially such counsellors, there is safety."
2. But it is further pleaded, that Scripture is plain in all
necessaries, and therefore needs no illustration from the
ancients.b We allow that Scripture is plain in necessaries,
yea, it is what we urge and contend for ; and there is
nothing which offends us more than that many persons will
endeavour notwithstanding, by violent contortions, far-fetched
subtleties, and studied evasions, to elude and frustrate these
plain things. Such conduct on the adverse side makes it the
more necessary to have recourse to antiquity, for the greater
security against all such attempts. For while Scripture is
plain, antiquity is plain also ; and two plain things are better
than one. God himself hath taught us, by adding his oath
to his promise, not to think any confirmation superfluous
which he is pleased to afford us. His Word alone might be
safely depended upon, being certain and infallible ; but two
immutable things afford the stronger consolation c ; and God
a Prov. xi. 14. c Heb. vi. 17, 18.
b Whitby, Dissertat. in Praef. p. 10.
19. F F 2

436 THE USE AND VALUE OF [WATERLAND.
considers the infirmities of mankind. In like manner, though
Scripture be very plain to reasonable men, so far as concerns
necessaries, yet by taking in antiquity to it, the evidence,
upon the whole, becomes both plainer3 and stronger. There
is so much weakness commonly in human nature, and so
much reluctance shown to the reception of Divine truths,
that we have need of all the plain things we can anywhere
procure ; and had we twenty more as plain as these, we
could make use of them all, and, indeed, should be obliged
to do so, lest otherwise we should be found guilty of despising
the blessings of Heaven. It is certain that there is some
thing very particular in the concerns of religion, that plain
things there have not the same force or weight as they have
anywhere else. It is the only subject in the world wherein
a man may dispute the most certain facts and most indubit
able proofs, and yet be allowed to be in his senses ; for if
any one, in the common affairs of life, were to make it a
rule to believe nothing but what he sees, or were to reject
the faith of all history, he would undoubtedly be despised or
pitied by everybody, as not well in his wits. Seeing, then,
that the case of religion is so widely different from all others,
and that the plainest evidences there often lose their effect,
we can never be too solicitous in accumulating evidence upon
evidence, and testimony upon testimony, to do the most we
a N. B. It should be observed that the biguous, equivocal terms, or by per-
word plain is an equivocal word, and of plexing them with captious and soplus-
indeterminate meaning, till it be care- tical questions. There are degrees also
fully distinguished. It is a relative, and of attention, upon which the degrees of
means plain to some or other. To God plainness do very much depend ; and at-
all things are plain ; to angels more tention depends upon the will, and the
things than to man. Doctrines plain to will is variously influenced by motives,
some men are not so to others, on ac- external or internal. But though plain-
count of ignorance, inattention, preju- ness be really a relative, and often varies
dice, or any infirmity, natural or con- according to the person, and his degree
tracted. Things also may be plain by of attention, capacity, inclination, &c,
the help of means, which are not so yet we have formed some kind of idea of
without the use of such means. More- an absolute plainness, abstracted from
over, there are degrees of plainness, for it particular persons ; and we mean by it,
consists not in a point, but admits of a as to the point now in hand, such a
latitude. Besides, the plainest things in plainness in the thing itself, or in the
the world, taken in a right point of view, words expressing it, as any one of toler-
may cease to be plain when put into a able capacity, with a reasonable attention,
wrong one, — when industriously ob- and by the use of the ordinary helps or
scured, embroiled, and entangled, by means, may competently understand. In
snares and fallacies, by involving many this sense, or by this standard, funda-
things in one (which should be kept mentals are commonly said to be plain.
separate), or by expressing them in am-

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 437
can towards relieving the weakness, or conquering the re
luctance of men slow to believe. And when we have done
the best we can, and have pursued every reasonable method
we could think of, we are yet to look upon it as sufficient,
only because we can do no more. Wherefore no plainness
of Scripture can ever be justly thought to supersede the use
of antiquity, unless it could he supposed that no additional
light nor strength can be borrowed from it ; which is too
extravagant a supposition to need any confutation ; besides
that I have already obviated every suggestion of that kind
in the former part of this chapter.
If it be said that common Christians, at least, can reap no
benefit from antiquity, nor make any use of it, that will not
be reason sufficient for throwing it aside so long as the
learned may. But even common Christians do enjoy the
benefit of it, if not at first hand, yet at the second, third, or
fourth ; and that suffices here, as well as in other cases of as
weighty concernment. How do they know, for instance,
that Scripture is the Word of God ? They know it imme
diately or proximately from their proper guides or other
instructors ; who, in the last resort, learn it from the
ancients. So, then, ordinary Christians may thus remotely
have the use of antiquity (not to mention other nearer ways")
with respect to the sense of Scripture, as well as with regard
to its authenticity, and their faith may be both strengthened
and brightened by this additional reinforcement. " The
people are to understand the grounds of their faith, and to
judge, by the best helps they can, what doctrine is agreeable
to Scripture. But among those helps we take in, not barely
the assistance of their own guide, but the evidence he brings
as to the sense of the teaching Church in the best and purest
ages." b But, to return.
We admit, as I before said, that Scripture is very plain in
necessaries ; as, for instance, nothing can be plainer from
Scripture than that Christ is God, and over all God blessed
for ever, true God, great God, Jehovah, and the like ; and
that Divine attributes and Divine works are ascribed to Him,
a See this matter considered more at b Stillingfleet's Answer to J. S.'s Ca-
largc/in Bishop Hares Scripture Vindi- tholic Letters, p. 58.
cated, p. 111. &c. F F 3

438 THE USE AND VALUE OF [WATERLAND.
and Divine worship also, to make everything clear, and to
cut off all reasonable handle for dispute.3 But notwith
standing that all these things are so plain, yet considering
that we are not the first men that ever looked into Scripture,
but that others, who had as good eyes as we, and as upright
hearts, and a competent measure of common sense (besides
some peculiar advantages beyond what we can pretend to),
have perused the same Scripture before us ; I say consider
ing these things, it would be something of a mortification to
us, or would appear somewhat strange, if such persons should
not have found the same doctrines then which we have the
pleasure to find now. For whatever is really plain to
moderns, and necessary, must, one would think, by parity of
reason, or for a stronger reason, have been plain to the
ancients also, and necessary to them as well as to us. Ac
cordingly, upon examining, we find that the same doctrine
was plain to them, even so far as to be looked upon as an
essential ; a consideration which adds the more strength to
what we had before proved from Scripture, as the want of
such concurring suffrage would have been a perplexing
difficulty : I mean, while we have such ancient monuments
to look into and to compare. Indeed, if they were all lost,
burnt, or otherwise extinguished, our Scripture proof (sup
posing Scripture itself to want no proof) would stand firm
without them ; but when we have the ancients to compare
with Scripture, and know that in the very nature of the
thing they ought to tally with each other, the ancients now,
of consequence, must be either a very strong confirmation as
to any doctrines held for articles of faith, or as strong an
objection. They are considerable disadvantages where they
run counter, aud as considerable advantages where they
favour. 3. It is sometimes pleaded that Scripture is its own best
interpreter, by comparing texts with texts, and therefore
there is no need of Fathers in the case, for in the best we
have all.b
In reply to which, we are very ready to allow, that com
paring Scripture with Scripture is a very good method of
a See my Sermons, pp. 276, 277. >> Whitby, Dissert. Praef. p. 12.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 439
interpretation, yea, and the best and most satisfactory of any,
to every rational mind ; but still we do not see reason why it
should be thought to supersede any other that is good. For
after we have thereby obtained all the home light we can
get, where will be the harm of admitting still further light, if
we can procure it from abroad ? The more we have of both
kinds the better ; every additional increase or improvement,
though it were but small in comparison, yet has its use
either for confirming the weak and wavering, or for com
forting them who are strong in faith, or for confuting and
confounding novellists, but most of all for reclaiming those
who are over-apt to be led by authority and great names
perhaps of mere moderns. For certainly, if authority or
great names, or even numbers are of any weight, ancients
are preferable to moderns, considered as such, fathers and
councils to private dogmatisers, and the Christian world to a
few gainsayers. Such being the manifest and constant use
of the argument drawn from antiquity, superadded to Scrip
ture, there is great reason for taking it in after Scripture,
that we may have the benefit of both.
The excellent Buddeus, otherwise a very judicious writer,
appears not so clear, or not so accurate in his account of this
matter, as might be wished. He gives his judgment,
" That neither natural reason nor tradition should be the
rule of interpreting, but Scripture itself, and the analogy of
faith."3 Had he said, neither one nor other, but all to
gether, I think he had said right ; but as he has taken in
only two of the things, excluding the rest, as it seems, from
bearing a part in the interpretation of Scripture, he appears
to me to have judged wrong upon the case, or at least to
have fallen short of his wonted accuracy. For, certainly,
he ought to have allowed something to natural reason, and
something also to antiquity, though not everything. There
is a great deal of difference between admitting either of them
a A Socinianis, non minus quam Ro- Quam quidem viam et rectissimam et
manensibus discedimus, dum nee ra- tutissimam esse, res ipsa ostendit, et facile
tionem, nee traditiones (aut Ecclesiae perspiciat qui cuncta rite secum pondera-
auctoritatem) pro regula et norma inter- vit. — Buddei Isagog. vol. ii. p. 1 795.
pretandi Scripturam agnoscimus, sed Conf. ejusdem Praefat. ad Salom. Glassii
Scripturam ex Scriptura secundum ana- Opera, edit. Lips. a.d. 1725.
logiam fidei explicandam contendimus. F F 4

440 THE USE AND VALUE OF' [WATERLAND.
to govern absolutely, and throwing them quite out; and
there is a just medium between giving each of them a
negative, and making either of them sole umpire. There
are many considerations to be taken in for 'the proceeding
rightly in the interpretation of Scripture, and all of them
respectively must have their share as they have their weight.
To exemplify what I mean, true interpretation of Scripture
canuot, in any case whatever, run counter to any plain
certain principle of natural reason (inasmuch as truth can
never be contrary to truth) ; nor, in any case whatever, to
Scripture itself rightly interpreted ; nor, in any case what*
ever, to the analogy of faith before proved (which amounts
nearly to the same with the preceding) ; nor, without the ut
most necessity, to the natural, usual, unforced sense of the
words ; nor, so far as concerns fundamentals, to the uni
versal judgment of the first and purest ages of the Church.
These, as I conceive, are the butts and boundaries within
which every true interpretation is confined ; and whenever
any pretended interpretation is found to break through them,
or through any of them, there needs no more to pronounce
it false. To express the same thing affirmatively, which
before I have negatively, when any interpretation of Scrip
ture has all those five characters (viz. " natural reason
parallel places of Scripture, analogy of faith, propriety of
language, and countenance of antiquity") to vouch directly
for it, then it is as strongly supported as it is possible for
an interpretation to be. If it has only some of those positive
characters, or one only, the rest not interfering, it may be
a good interpretation ; but the more it has, so much the
surer.3 For example : the doctrine I am here defending
a Dr. Rogers, in one of his sermons paring one Scripture with another. 3.
(Posth. Serm. iv. p. 95. &c. ) explains this Other places there are which require the
whole matter somewhat differently, but knowledge of history of ancient facts and
agreeing, in the main, with what I have customs, of early tradition, and primitive
here offered. His thoughts upon the acceptation, to determine their sense.
point are comprised in the particulars 4. The inspiration of the Scriptures sup-
here following, which I shall produce in posed, we cannot, consistently with such
his own words, as nearly as an abridg- supposition, cither from the construction
ment will permit: — " 1. Many places of of the words, or from deductions of rea-
Sacred Writ are so plain, that no man who son, or from authority, admit any pro-
reads or hears them in a language he is position as the intended sense of Scrip-
acquainted with, can doubt of their ture, which contradicts any manifest
meaning. 2. The sense of other places truth. 5. Neither can we admit eontra-
we collect from rational deductions, com- dictory expositions of the sam« or dif-

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 441
has four of the said characters positively for it (viz. tenor
of Scripture, analogy of faith, propriety of language, and
antiquity), and the fifth, which is natural reason, is not against
it ; therefore it is a very just and reasonable interpretation.
So many plain legible characters of truth ought, in all
equity, to overrule any seeming, or conjectural repugnances
as to the nature of the thing confessedly mysterious, so long
as there is no plain contrariety to any known truth.
Hitherto I have been answering those objections which
aim at setting the Fathers aside as needless, being super
seded as is thought by the perfection, or plainness, or fulness
of Sacred Writ. The remaining objections, which I am to
take notice of, are of another kind, striking more directly at
the reputation of the Fathers, in order to insinuate that
they are by no means qualified to serve the purposes they are
brought for, being more likely to perplex than to instruct a
reader, more apt to mislead and draw us aside than to set
us right.
4. The obscurity of the Fathers makes up one half of
the learned Daille's Treatise upon that subject. I need not
be very particular in examining into that plea here, because
it will come up again, in part, under another article lower
down, where I shall consider it more distinctly. For the
present, it may suffice to observe : 1 . That Mr. Daille, in
some instances, rhetoricates upon the subject, and has fre
quently overstrained. 2. Many things have been cleared up
since he wrote that piece ; since the year 1631, some by
himself, more by others after him ; so that what might ap
pear to be of some force then, can have little or none now.
ferent places of Scripture. In the two their proper weight of evidence respec-
last cases, we conclude negatively with tively, but in different degrees. The
the clearest assurance ; but when we go two negative characters are checks upon
on to ascertain the meaning positively, all the positive ones, to ascertain their
the sense of Scripture which we receive application, and to prevent the pushing
in the first way, by an immediate view, any of them too far. This account, in
appears to us with greatest evidence ; substance, differs so little from what I
and the sense we collect in the second have offered, that it appears to contain
way, by rational deductions, is more evi- much the same thoughts placed in another
dent than what we receive in the third light, or differently ranged. It may be
way, from the affirmations of authority." of use to a reader to take the Fame thing
So, this excellent writer resolves the in two views, and so to form his own
positive characters of true and just inter- judgment, as he sees best, out of both
pretation, into immediate view, rational and therefore I have here presented him
deductions, and authority, all having with both.

442 THE USE AND VALUE OF [WATERLAND.
3. Particular answers have been returned to the several
articles on the head of obscurity, by those who have pro
fessedly undertaken it3, besides what has been done oc
casionally in new editions of Fathers, or in Bibliotheques, or
in critical Dissertations. 4. Whatever truth there may be
in the objection, as to sundry controverted points of inferior
moment, yet it affects not the cause now before us ; for
Daille himself allows, that the Fathers are generally clear
enough in points fundamental, whereof this is one, in his
judgment at least. He writes thus : " You shall there meet
with very strong and solid proofs of those fundamental prin
ciples of our religion, touching which we are all agreed ;
and also many excellent things laid open, tending to the
right understanding of these mysteries, and also of the Scrip
tures wherein they are contained. In this particular, their
authority may be of good use to you, and may serve as pro
bable argument of the truth." b So then, whatever ob
scurity may otherwise be found in the Fathers (like as in
Scripture itself) the cause which we have now in hand
appears to be but little concerned in it, according to the
judgment of that learned man, who made the most of the
objection, as to other matters. For, though he sometimes
points out obscure passages, as he conceived them to be, re
lating to things fundamental, yet, upon the whole, he ap
prehended that those doctrines might be plainly enough
traced up to the very days of the Apostles, and that the
Fathers might be exceeding useful to us in that view, and
for that purpose.
5. It has been frequently objected, that many of the
Fathers have erred, and sometimes grossly ; and large col
lections of their real and supposed mistakes have been drawn
out and presented to public view.0 Now, indeed, if any
man should presume to say, that the Fathers were inspired,
a Scrivener, adv. Dallasum. par. i. per pientissimus, si aliqui reperirentur qui
tot. Reeves's Preface to the Apologists, argumentis, quibus ipse causam Ponti-
p. 37. &c. Natalis Alexander, Hist, ficiam adeo feliciter debellavit, ad labe-
Eccl. Saec. ii. Diss. 16. c. 22. p. 537. &c. factandam et subvertendam Nicaenam
Beverege's Cod. Can. Vindicat. Procem. fidem abuterentur. — Cave, Ep. Apologet.
sect. 8. p. 19.
° Daille, of the Right Use of the Fa- c Daille, part ii. c. 4. p. 60. &c.
thers, part ii. p. 184. Si in vivis jam Whitby, Dissertat. in Praefat. s. 4. p. 15.
esset ( Dallaeus) quam a?gre ferret vir &c.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 443
or infallible in what they wrote, such a collection of errors
might be of use for the confuting the false presumption ;
but how it affects their credit or character as witnesses of
the Church's prime doctrines in their times appears not.
It is not uncommon for those very Fathers, where they give
a wrong and false opinion, to make a true discovery of the
Church's sentiments in that very instance contrary to their
own. Therefore a reader should know how to distinguish
between delivering an opinion and reporting a fact ; as
also between appealing to the Fathers as unerring judges,
and appealing to them as faithful witnesses.
But to speak more directly to the charge of errors, it
may be justly pleaded in abatement that upon a careful
review many of them have been found to be purely ima
ginary, mere mistakes, or misrepresentations of the too
precipitate correctors : and of those that are real, most will
be seen in things only of a problematical kind, and of a
slight nature.3 Or, if they be of a more grievous sort,
they were the mistakes of some few, and were either not
universal13 or not ancient, and never insisted upon as articles
of faith and terms of communion. So that whatever errors
are discovered in any Father or Fathers, they do not in
validate the argument drawn from the universal agreement
of the ancient Churches in the prime things. However,
there have not been wanting upon occasion learned hands0
to draw up apologies for the Fathers, either in separate
discourses, or in prefaces to new editions, or by way of note,
or the like ; by which means most of those unworthy asper
sions have been happily removed, and the black catalogues
much reduced. A learned foreigner d not long ago, being
a Monebo tantum, in patrum scriptis b See Grotius de Jur. B. et P. lib. i.
dogmata philosophica a fidei articulis t. 2. s. 9. p. 60.
probe esse distinguenda. In his, sacris c Thorndicius de Rat. et Jur. Fin.
literis et Catholicae traditioni strictius se Controv. c. 25. Scrivener, adv. Dall.
alligant, et in re summa omnes con- part ii. c. 4. p. 185. Cavii Epistola
veniunt. In illis, majori utuntur liber- Apologetica. Reeves's^ Preface, p. 67.
tate, et opiniones saepius adhibent quae in &c. Remarks on Christianity as Old,
philosophorum scholis ventilari solebant ; &c, with Regard to Primitive Antiquity,
quin et in explicandis fidei mysteriis part. i. continued, printed for Crown-
quandoque voces e schola philosophica field, 1733.
petitas admovent, sed ad Christianum d Zomius Hamburgensis. Vindiciae
sensum accommodatas. — Cave, Epist. patrum per omnes fidei Christianae arti-
Apologet. p 48. culos, oppositae Joanni Dallaeo. Una

444 THE USE AND VALUE OF [WATERLAND.
justly sensible of the mischievous tendency of that unnatural
practice of some Christians in throwing contempt upon the
brightest ornaments of the Christian Church, took the pains
to consider the particular articles of doctrine upon which
the Fathers have been wrongfully suspected or charged, and
to do them justice against their indiscreet or over-censorious
accusers. Since that time I do not know a warmer or keener ad
versary that the Fathers have had than M. Barbeyrac,
Professor of Civil Law at Groningen, and known to the
learned world by his French translations of Pufendorf and
Grotius, and his learned notes upon both. He attacks the
Fathers principally upon the head of morality (as his subject
led him to do), and seems to exert his utmost endeavours
to sink their reputation for sense and conduct, and even for
conscience too, in some measure, in order to strike them out
of all credit or authority.3 His work has twice appeared in
English as well as in French, and may therefore deserve
some notice in this place, as much as I may have room for,
not to make too long an excursion.
That satire upon the Fathers (for it deserves no better
name) had not long- been abroad before Mr. Ceillier, a
learned Roman Catholic, drew up a formal answer to it, of
which I have seen little more than the title b and a few ex
tracts. Afterwards the learned Buddeus animadverted pretty
largely upon him, detecting some of his mistakes, but with
great tenderness ; moderating, as it were, between Mr. Ceil
lier and him in respect of several particulars.0 Buddeus
was himself not the most zealous admirer of the Fathers ;
and, therefore, what he says in their favour may be justly
thought not to exceed in any respect, but to fall within
compass. Some officious gentleman amongst us having
met with M. Barbeyrac's French Treatise, published it sepa-
cum selectis observationibus contra re- English, and prefixed to the English
centiores patrum censores, Anglos, Bel- edition of 1729, sect. ix. x. p. 18. &c.
gas, Gallos. Inter Opuscul. Sac. torn. i. b Apologie de la Morale des Peres de
a.d. 1709. Giessae Hassorum. p. 659. I'Eglise contre les injustes accusations
edit. Nup. a.u. 1731. du Sieur Jean Barbeyrac. Paris. 1718.
a Prefatory Discourse to his French c Buddeus, Isagog. vol. i. p. 620-642.
version of Pufendorf, since rendered into

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 445
rately in our language, prefixing a kind of boyish title to it",
and recommending it with some airs of insult, such as are
frequently incident to little minds. Not long after an in
genious gentleman printed a reply b, to rebuke the translator
for his rudeness, and at the same time to defend the Fathers
against the injurious accusations of the author himself, which
he has effectually performed with good learning and solid
judgment. Now, seeing that so much has been done already, I may
content myself with a few strictures or brief reflections. In
justice to the Fathers, and to primitive Christianity struck
at through their sides, it ought to be told that the learned
civilian has not dealt fairly with the public in that article.
He has not been careful about the facts upon which he
grounds his censure, but has often taken them upon trust
from others, transcribing their oversights or partial accounts.
Indeed, he makes a kind of apology for his taking so much
at second-hand : for he says, " he designedly pitched upon
examples which had been already remarked and produced
by others, and are extant in books most common and easy
to be had."0 But then he should have inquired whether
those examples had not been already replied to and com
petently cleared up, and whether at least they were not
capable of it. And he should have considered further,
whether the authors whom he copies from were all persons
to be entirely relied upon in what they say as men of known
learning, judgment, candour, and modesty ; not prejudiced
against the Fathers, nor otherwise apt to be censorious, and
over severe in discovering imaginary faults, or exposing
real ones. Before one determines anything as to the cha
racter of the Fathers from second-hand reports, it would be
proper to inquire whether their accusers were themselves
men of clear and unexceptionable characters. It is no ex
cuse to a person of learning and abilities that he suffered
himself to be imposed upon by others, in a matter which
required care and faithfulness.
Besides his too often deceiving himself or others with
a The Spirit of Ecclesiastics of all b The Spirit of Infidelity detected.
Sects and Ages, &c, 1722. By a Believer. 1723.
c Prefatory Discourse, s. 10. p. 33.

446 THE USE AND VALUE OF [WATERLAND.
false facts, even those that are true in part, or in the main,
are yet seldom placed in a true light. Every real or seem
ing fault of the ancients is rhetorically aggravated, the
hardest construction commonly put upon it, and no favour
able allowances are brought in to qualify ; but after saying
the unkindest things which he had any colour for, and a
great deal of art used to contrive such colour, he forgets to
afford them their due praises in any thing, to counterbalance
the obloquy. So that were a reader to form his idea of the
Fathers only by what he finds in that representation, he would
go near to make it the very reverse of their true and just
character. I cannot here take upon me to criticise the whole
work, that has been done already by abler hands ; but 1 shall
mention a few particulars, to give the readers a taste of his
way and manner, whereby they may competently judge of
the rest.
The author falls first upon Athenagoras, and charges him
with seeming to establish the worship of angels.3 But this
is a false report. Athenagoras neither says it, nor seems to
say it. Indeed Dupin, whether to favour the Romish cause,
or whether by mere forgetfulness or oversight, had said the
same thing. But M. Barbeyrac understands the nature
of evidence too well to apprehend that the retailing a mis-
report can amount to a proof. He has another complaint
against the same Athenagoras, for disallowing second mar
riages. The fact is true in some sense or other ; but what
second marriages is the question. Might not Athenagoras
mean, marrying again after wrongful divorce? A very
learned man b has pleaded much and well for that construc
tion ; and it is favoured by Athenagoras's ° grounding his
doctrine upon our Lord's own words d relating to such second
marriages. And though he speaks against the marriage as not good
after the death of the wife, yet he may be understood only
of such wife, wrongfully divorced before. For he thought
that the adultery before incurred by marrying in her lifetime,
did not cease by her death. The marriage contracted in
a Prefatory Discourse, s. 9. p. 18. c Athenag. Legat. p. 130.
b Suicer. Thesaur. in voce 5'tya/j.os, p. a Mark, x. 11., Mat. xix. 9., Luke,
895. Zorn. Opusc. torn. i. p. 613. xvi. 18.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 447
adultery, like an error in the first concoction, could never
be fully corrected, but would still retain its primitive im
purity as having been null and wrong from the first. If his
words may admit that sense, it is sufficient ; for an accuser
is bound to make good his allegation, and the old rule is,
in dubiis benigniora semper prceferenda. I may add,
that Athenagoras has been always reputed a man of the
Church ; and yet it is certain that the doctrine here charged
upon him, was condemned by the Church in the Montanists
and Novatians, which is a further presumption in his favour,
and seems to justify the mild and candid construction of the
words in question.
The next man M. Barbeyrac falls upon, is Clemens of
Alexandria, whom he uses more unkindly than he had before
used Athenagoras. He charges him with three special
faults": — 1. With teaching Stoical paradoxes, for Chris
tian doctrine. 2. With maintaining that " Christ and his
Apostles had not any passions at all." 3. With " justifying
the idolatry of the Pagans." The first article appears cap
tious and frivolous. For, what if Clemens, whether the
better to reconcile the Stoics to Christianity, or whether to
turn their own artillery upon them, made use of their lan
guage and phraseology, to recommend true and sound
Christian principles by b ; where was the harm, or what
was there in it, which might not well become so wise and so
good a man ? Let M. Barbeyrac put himself in Clemens's
place, and then consider, whether he could do anything better
or more commendable in those circumstances.
The second article is founded in nothing but misconstruc
tion, and was cleared up long ago by the learned Dr. Cave0,
and by others after himd, not to mention what the Bene
dictines had said more largely, in defence of Hilary against
the same accusation.6
The third article is entirely without grounds ; a con
clusion drawn without premises to support it f, a false in-
a Prefatory Discourse, p. 19. sert. 8. p. 395. Nourii Apparat. ad
1 See Spirit of Infidelity detected, p. Biblioth. Max. vol. i. p. 968.
31. ° Praefat. General, s. iii. p. 30., &c.
c Cave, Epist. Apolog. p. 50., &c. f Vid. Buddei Isagog. p. 623. Spirit
a Natal. Alexand. E. H. s. ii. Dis- of Infidelity detected, p. 33.

448 THE USE AND VALUE OF [WATERLAND.
ference charged upon very innocent words, in contradiction
to the whole tenor of Clemens's writings. Is this dealing
fairly with the ancients or with the public ?
Besides these particular charges upon Clemens, he has
some others more general, which are either injurious or
frivolous. He blames him for want of method and co
herence, for being full of declamation and mystical allusion
and the like a, which kind of discourse is itself declamatory
and detracting, not becoming a person of candour or gravity
who would make allowances for circumstances and times,
and weigh things in an equal balance. Why must every
author walk in trammels, and be confined to rules of art ?
Immethodical collections are useful in their kind, and ought
to have their proper commendation. But it is further said,
as from Le Clerc, that " Clemens's Pedagogue abounds with
maxims excessively rigid, and far remote from anything now
in practice." We might except to Le Clerc, as to a person
of uncommon delicacy, known to lean generally to the
severer side, and none of the best-natured or most happy in
his censures D, but prejudiced by his principles against the
primitive Fathers, jealous of a reputation which he saw stood
in his way, and much afraid of their superiority. Perhaps,
after all, he mistakes Clemens's meaning ; or if he does not,
his censure may be more an argument of the present de
generacy, than of Clemens's excessive rigour or austerity. I
shall only add, that before we blame the ancients for too
strict a morality (an error, if it be one, on the right hand),
we ought to be well apprised of the circumstances of those
times ; for diversity of circumstances requires a diversity in
the application of the same general rules, and prescribes as
different a conduct.
I shall not go on to the other Fathers whom this worthy
gentleman has animadverted upon : I have given enough for
a sample in the two first. But I shall proceed to observe
something with respect to his general manner of carrying
on the impeachment. After he has done with the particulars,
° Prefatory Discourse, p. 19. Reflections on Learning, p. 235., &c.
b Vid. Periaonius in ^Egypt. Origin. Continuation of the Answer of the Hist.
Praefat. p. 8. Curtius, Vindicat. p. 10 — of Oracles, Pref. p. 47., &c. Cave,
23. 185 — 191. Jenkins, Defens. Au- Epist. Apologet., p. 9— 12. Cumnrul-
gustin. adv. Phereponum. Praef. p. 9. tis aliis.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 449
charged upon the Fathers man by man, he pretends to have
demonstrated clearly, that the most celebrated Doctors of the
six first centuries were but bad masters, and very poor guides
in matters of morality. Here we see what it was that he
aimed at ; though he has demonstrated nothing but a strong
inclination to detract from true and great worth. There is
an artificial confusedness in his throwing six centuries toge
ther ; three, or a little more will be enough for us to insist
upon, so far as our argument from antiquity is concerned.
Every body knows that corruptions came in gradually, more
and more every day, after the world, as it were, crept into
the Church3: we make a distinction between the elder and
the later times. It will not be easy to persuade us, that in
those best and purest ages, when Christian practice was in
the height of perfection, that the theory of it was so very
lame and defective as he is pleased to intimate ; or that the
guides and masters were so exceeding low or bad when the
scholars or disciples were, for the most part, eminently good.
If any one doubts of the fact, he may satisfy himself by
looking into the accounts given both by Christians and Pa
gans b, such as make it evident that the morals of that time
were the admiration and envy of the Heathen world then, as
they are an excellent pattern for the Christian world since.0
The author may conceive as highly as he pleases of modern
morality, but impartial judges will think it no commendation
of it to have it set at variance with primitive Christianity :
a Scribere disposui ab adventu sal- intended to extol the moderns, and to
vatoris usque ad nostram aetatem, id est adjudge them the preference as often as
ab Apostolis usque ad nostram temporis he could, yet took care to give this tes-
faecem, quomodo et per quos Christi timony to ancient Christianity : — "It
Ecclesia nata sit, et adulta, persecution- is certain that many of the ablest of the
ibus creverit, et martyriis coronata sit : ancient fathers were excellent casuists;
et postquam ad Chnstianos Principes as indeed every man who has a right
venerit, potentia quidem et divitiis judgment, an honest mind, and a
major, sed virtutibus minor facta sit. — thorough acquaintance with the design
Hiehomym. vit. Malch. Opp. vol. iv. of our blessed Saviour revealed in the
p. 9 ] ^ Gospel, must of necessity be. And if at
b The Testimonies are collected into this distance many of their decisions seem
one view by Cave, in his Primitive over severe, there is as great at least (if
Christianity ; Bingham, in his Christian not greater) reason to suspect that the
Antiquities, B. vi. c. I. ; Fabricius, Sa- complaints now-a-days raised against
lutaris Lux Evangelii, c. *. p. 194., &c. ; them may arise from our degeneracy, as
Baltus's Answer to Fontenelle's Hist, of from their unwarrantable strictness. —
Oracles, vol. ii. p. 97. Wotton's Reflections on Ancient and
0 Dr. Wotton, in a treatise where he Modern Learning, p. 369,
VOL. III. G G

450 THE USE AND VALUE OF [WATERLAND.
to differ from that standard, in anything material, is to come
short of it, supposing circumstances to be the same. Nei
ther is want of artificial method any more an objection
against the ancients, than against Scripture itself, the best
ethics of any.
But, to proceed with our author. He runs off for a
whil into declamatory invective against those who are
jealous of the honour of the Fathers ; he pities them with all
his heart, thinking it inhuman to insult them3, but doing it
all the time. Then he gravely tells his reader a formal
untruth, that they tacitly suppose the Fathers to have been
infallible b, as if he had intended only to guard against a false
notion of the infallibity of the Fathers.0 But there is a very
wide distance between supposing them infallible and repre
senting them as bad masters, very poor guides, &c. This
learned gentleman, I presume, does not pretend to be infal
lible ; and yet he might think himself ill-used if represented
ns a bad master or a very poor guide ; there is a medium
between the extremes.
He brings up again, soon after, the charge of gross errors,
most profound ignorance of what they ought to have known,
adding that most of them, more or less, were led by passion,
and that their conduct frequently was neither regular nor
justifiable."1 Well then, surely this is something more than
barely saying they were fallible men, and one may presume to
contradict such a misreport of them without maintaining that
they were infallible. How will this learned gentleman be
able to prove that the character he has here given is their
true general character, such as will suit the three first cen
turies ? Church history is flatly contrary, and the Christian
world hitherto has been used to honour them with the title
of the best and purest ages. He refers us twice0 to some
tart reflections of Gregory Nazianzen upon some of the
clergy in his time, about a.d. 381. Perhaps Nazianzen
himself might be led by resentment to aggravate in some
measure, for he was a man of spirit, had some warmth, and
might drop too severe a censure under a sense of the ill
a Prefatory Discourse, p. 25. d Ibid. p. 26.
» Ibid. p. 25. a Ibid. p. 18. 34.
c Ibid. p. 26.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 451
usage he had met with. But supposing his censure to be
strictly just, what argument is there in it ? The clergy,
about 381, were guilty of many and great faults, therefore
the whole order were as guilty all along, for 280 years toge
ther, reckoning from the Apostolic age. I see not by what
rules of reasoning such consequence can be drawn.3 Every
body knows how miserably the Church had been rent asun
der by parties and factions from the time that Arianism
broke out ; that is, for sixty years backwards, or thereabout,
by means whereof men's passions were inflamed and their
tempers soured. But how does this affect the elder times,
when all the Bishops of the Christian Church were in the
main unanimous, and held amicably together against Jews,
pagans, and heretics ? Allow that heats and animosities
prevailed much among Churchmen towards the end of the
fourth century, and that the state of the Church at that time
was become very corrupt, according to the accounts given by
Nazianzen : but then allow also that such corruptions were of
recent date, and that the like had not been seen in elder
times, before the rise of Arius, as Nazianzen himself testi
fies.'' And he had a vast esteem of one Council, at least the
Council of Nice, older than what he speaks of. So, then, if
Nazianzen is a competent evidence to found the objection
upon, let him be so also on our side, to supply us with a
proper answer, as far as our cause can he concerned in the
question. The author proceeds to contest the right which the
Fathers have been thought to have to the very modest title
of Propagators of the Christian religion ; he thinks it should
be given to the Apostles only.0 But certainly the Fathers
succeeded to the Apostles in the great work of propagating
Christianity, and therefore were as properly, though not
altogether so eminently, propagators of it, as the Apostles
themselves. Yea, they also were eminently such during the
a Exemplum profert [Clericus] Con- sisse, et nullam veritatis, nullam inno-
cilii C. P. i. quo Gregorius Nazianzenus centiae rationem habuisse : an mox omnes
factiosis quorundam artibus vexatus, sunt damnandae, rejicienda:, extermi-
sede sua cessit potius quam expulsus est ; nandae ? — Cave, Epist. Apologet. p. 25.
undefervidiorisingeniivir7roAu0piiAAi)Toy b Nazianz. Orat. xxi. p. 380.
illud deSynodis judicium protulit. Sed c Prefatory Discourse, p. 26, 27.
fac hanc illamve Synodum inique se ges-
G G 2

452 THE USE AND VALUE OF, [WATERLAND.
time that miracles lasted, that is to say, for three centuries
at least. But he is pleased to ask, a little lower in the
same page, " Why must the Fathers of the three or six first
centuries have been men of true piety and knowledge rather
than those of the tenth or eleventh?" But why does he
insert " or six," except it be to blend and confound what
should be kept distinct, and to put a fallacy upon the
reader ? Let the question be asked about the three first
centuries, and we can assign many and good reasons why
they must have been, in the general, better men than those
of the tenth or eleventh ; or if the reasons should not satisfy,
we appeal to testimony, to certain fact, which supersedes all
reasons. As to the fourth, fifth, and sixth centuries, they
might decline in proportion, and did so, though there were
some excellent men in all, which, however, I have no need
to consider.
A little after, he falls again to softening, and now he asks,
" Must the Fathers have been liable to no failings, no pas
sions, no errors, no ignorance at all ?"3 But was that the
question ? Why all this shifting and shuffling, if a man were
not conscious of a bad cause, and of his acting an unhand
some part ? The Fathers of the three first centuries (that
golden age of Christianity, tried and purified in the fire of
persecution), though not exempt from failings, nor infallible,
were yet men of a higher character than those of the tenth or
eleventh, and were not bad masters, nor very poor guides,
but the contrary : that is what we say, and what we abide by.
He goes on to tell us, that he does not pretend to say,
that they were all a pack of profligate wretches.6 No ;
God forbid. I know not whether Celsus, Porphyry, or Ju
lian would have said such a thing in the greatest extremity of
their rage. They had some regard to truth, and to public
report, and to their own characters.0 But though he does
not say that, what will he at length say ? There were some
among them who were, in some measure, men of piety and
a Prefatory Discourse, p. 28. F. Baltus, in answer to Fontenelle,
b Ibid. p. 28. Continuation, &c. p. 97. ; and he in-
c " The heathens themselves, even stances in Porphyry and the heathen
such as were the greatest enemies of the philosophers of his time; he mentions
Christian religion, could not forbear Libanius also, and Longinianus, and
often to do justice to their great know- Maximus Madaurensis.
ledge and eminent sanctity." So says

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 453
knowledge.3 How hard to extort the slightest compliment
upon those great and good men ! though he can be lavish
enough elsewhere towards Confucius, a Pagan b, and towards
Hobbes, a reputed Atheist.0 He proceeds again to pass a
decretory sentence upon the Fathers, in the same detracting
way ; that their virtues were, for the generality, far from
being any way considerable, and their knowledge commonly
false and confused.4 And he appears to be much offended
with those who would bring him back to the primitive food
of husks and acorns.6 Yet the illustrious Grotius was plen
tifully fed with those husks, or else he had never been Gro
tius. And he had a very great esteem and value for them ;
which as it appears in all his works, so more particularly in
that admirable treatise of his, his Sgstem of Morality. He
understood the valuable use of them to that very science, has
intimated it over and over in express words f, and ex
emplified it quite through that excellent performance. I am
aware that Mons. Barbeyrac, in his edition of Grotius, and in
his French version, has notes of correction upon those pas
sages of his author, and condemns even his master Grotius
now, as well as the Fathers before. But Grotius was a wise
man, and knew what he said ; besides that the thing speaks
itself. I may add, that this gentleman himself, who has
profited so much by Grotius and Pufendorf (who profited by
the Fathers) has been in some measure obliged to the Fa
thers, though it were only at second or third hand. But the
first hand is undoubtedly the bestg : and if any man would
expect ever to come up to Grotius, it must be, not merely by
reading Grotius, but by reading as he read, and doing as he
did.h a Prefatory Disc. p. 28. that they, not drawing from those springs
b Ibid. s. 15. p. 44. from whence those excellent moderns
0 Ibid. o. 29. p. 80. drew, whom they only propose to follow,
d Ibid. p. 33. nor taking those measures which these
• Ibid. p. 35. men took, must for want of that founda-
' Grotius de Jur. B. et P. Proleg. n. tion which their modern guides first
li. p. 32, 33. Ed. 1720. Conf. 1. i. c. 2. carefully laid, fail in no long compass of
a. 9. p. 60. time." — Wotton's Reflections, &c. pref.
e " Constant reading of the most per- p. 3.
feet modern books, which does not go h The learned Buddeus, a judicious
jointly on with the ancients in their and moderate man, and not prejudiced
turns, will, by bringing the ancients into on the side of the Fathers, does justice
disuse, cause the learning of the men of to them and to Grotius both at once, in
the next generation to sink ; by reason these remarkable words: — " Saepius
G G 3

454 THE USE AND VALUE OF [WATERLAND.
The conclusion which the author makes, is suitable to the
rest, and runs thus : " Notwithstanding that great inaccu
racy of the Fathers, which has often caused them to commit
considerable errors ; notwithstanding that fancy they had for
vain subtilties, which made them neglect things of greater
importance ; notwithstanding all this, I say, the fundamental
doctrines of religion and morality have still been preserved
amongst Christians, even in the most dismal ages of dark
ness and vice." a Now, though here he is pleased to attribute
no more, in respect of fundamentals, to the best and purest
times, than to the most dismal ages of darkness and vice, as
before he had been pleased to compare the tenth and eleventh
with the three first, yet one might have expected to find,
that he had agreed however with those first ages in all those
fundamentals, and have acknowledged his obligations to them
for their care and zeal in handing them down to us. But he
refers us, for explication of fundamentals, to a noted treatise
of Le Clerc's, at the end of Grotius de Veritate Religionis
Christiance, a. d. 1709 — a treatise so indefinite and loose,
that one scarce knows what it aims at, except it be, that
nothing should pass for a fundamental which has been ever
disputed by men calling themselves Christians, and professing
Scripture, however interpreted, to be their rule." Which is
judging of important truths, not by the Word of God soberly
understood, nor by Catholic tradition, nor by the reason of
things, but by the floating humours and fancies of men ; as
if all Christian doctrines were to be expunged out of the list
of necessaries which have had the misfortune to be disputed
amongst us, and a short creed were to be made out of the re
mainder. But what if others, with Baron Herbert, of Cher-
igitur antiquissimis etiam Ecclesiae doc- hujus philosophiae felicissimus, tum de->
toribus, de juris naturalis capitibus, hand mum et pondus et robur, et lucem in-
perfunctorie sermo instituitur. Basilium signem, se assertis suis conciliare posse,
Magnum, Gregorium Nazianzenum, ip- si praesulum horum auctoritate senten-
sumque Chrysostomum, non tantum tiam suam muniret, fuerit opinatus." —
Graecae, sed universae quacunque patet, Budd. Histor. Juris Naturalis, p. 16.
Ecclesiae summum decus evolvat, legat, a Prefatory Discourse, p. 34.
scrutetur, cui dubium forte ambiguum- b See that Treatise of Le Clerc's
que id quod asseritur, videtur. Hos in- briefly examined by Buddeus in his
genioacri, judicio singulari, juris hujus Miscellanea Sacra, par. i. p. 320. Com-
quaestiones, quoties eas attingerint (atti- pare Turretin. de Articul. Fundament.
gerunt autem saepius) expedivisse con- p. 13. Frid. Spanh. t. iii. 1331.
stat : ut ipse Hugo Grotius, rcstaurator

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 455
bury, or with the author of the Fundamental Constitutions
of Carolina, building upon the same principles of latitude, and
willing to compound all differences, should advise us to ad
mit nothing for a fundamental but what all mankind have
hitherto agreed in, and for the future shall agree in, Atheists
only excepted ; where will then at length these presumptuous
schemes end ? or when will weak men leave off dictating to
an all-knowing God, preferring their own fond devices to
the wisdom of Heaven ?
To be short, that treatise of Le Clerc's, while wholly in
tent upon discharging unnecessaries, as he supposed them,
takes no due care to preserve the vitals of Christianity ; but
is much such another cure for our religious ferments as
bleeding a man to death would be for a fever. I presume
one principal view was, to throw out the doctrine of the Tri
nity (though it might lead a great deal further), and it was
that consideration chiefly which induced him, and many
others, to vilify the ancient Fathers of the Christian Church.3
But I proceed.
M. Barbeyrac, besides his ill-will towards the Fathers, ap
pears to discover something of an unfriendly disposition towards
Ecclesiastics at large, in more instances than one. But he is
particularly offended with the public sermons, as seeming to
him not very instructive on the head of morality.b His
translator here, sensible of the indecency of the reflection,
endeavours to excuse and soften it by a note ; suggesting
that he might intend it only against sermons and books in
French, not against the compositions of the English or Dutch.
It was kindly offered ; but I find not that the author himself
has any where made the exception, or insinuated that he in
tended any. However, admitting that he had a view to the
French only, yet the reflection can hardly be acquitted of
a Serid haee mecum pensitanti, vix ulla bus flecti queant, ut in unitariorum cau-
commodior occurrit ratio, quam quod sam testimonium dicant. Hinc ilia;
sancti patres Catholicae fidei, Nicaenorum- lachrymae ! Haec fundi calamitas. Adeo
que dogmatum testes sint inconcussi, ut de antiquitate ecclesiastica dici potest
vindices acerrimi : qui fidem ab apos- quod de ratione alicubi habet Malms-
tolis traditam, a majoribus acceptam, ad buriensis pbilosophus : xibicunque ratio
nos usque propagarunt, acceptam, vita, homini repugnat, hominem ipsi rationi
voce, etiam et sanguine suo confirmarunt, repugnaturum. — Cave, Epist. Apologet.
invictisque argumentis contra omnia p. 17. conf. p. 23.
haereticorum molimina sartam tectam b Prefatory Disc. s. 11. p. 35.
conservarunt ; quique nullis sophismati- G G 4

456 THE USE AND VALUE OF [WATERLAND
some degree of immodesty ; for, surely the French Pro
testant Divines have deserved a better treatment. He quotes
Placette and Ostervald to give some colour to his invectives ;
but neither of them will bear him out in any such general
aspersions upon their whole body. For what if Divines
ordinarily (as civilians also) fall short of Grotius and Pufen
dorf; or what if they do not follow the same laboured me
thod, any more than the Sermon on the Mount did, yet their
discourses may be very instructive, and the more so for their
artless simplicity, being better adapted to the capacities of
common hearers. There are many instructive ways of in
culcating moral precepts ; and it is by no means serving mo
rality to disparage all others for the sake of one which a
man chooses to be fond of, perhaps as thinking it his own.
It is natural enough for any person to applaud his own taste,
and to prefer his own way ; but still it must be acknow
ledged, that there is more of human infirmity than there is
of equity or justice in it. Ancients ought to have their due
praises, as well as moderns ; and divines as well as civilians.
And it is not fair dealing to monopolise esteem, or to affect
to draw all into one channel, where a man has placed himself
to receive it, disregarding his neighbours.
It is very true, what this gentleman says, that it was
not any of the Ecclesiastics, or Professors of Divinity 3, who
drew up that vast system of morality which Grotius is so
justly famed for. It was a work proper for so large a genius,
and so accomplished a civilian and statesman. Ecclesiastics,
I am confident, are so far from envying him the great
honour which he thereby acquired, without seeking it, that
they would be heartily glad if every other writer of his pro
fession were like him, and equal to him, in learning, can
dour, capacity, gravity, sincerity. This gentleman does
not make a just report, when he says, that the Ecclesiastics,
instead of returning thanks to Grotius for his excellent work,
every where declared against him, and that many, even Pro
testant Divines, laboured to cry it down.b He should have
been content to say, that the Romanists condemned it0,
a Prefatory Discourse, p. 36. tius, contra eos (Grotii libros) quic-
b Ibid. quam movere ausus est, nisi quod tertio
c Nee quisquam quam diu vixit Gro- ab eo tempore quo prodierunt anno 1627,

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 457
while the Protestants in general, Divines and others, justly
esteemed it, and the reformed universities paid suitable re
gards to it.n It was not a divine but a civilian15, who first
appeared against it. And why may I not add, that Divines
at this day, probably, have a greater esteem of the work, and
a truer value for it, than the last civilian who translated it,
and who has animadverted sometimes too freely upon it.
Who is it that has told the world, that the incomparable
Grotius was not thoroughly acquainted with the art of think
ing justly ? Is it not this very gentleman ° detracting from
Grotius, to compliment the author of the Parrhasiana, who
had said the same thing before.4 It was Grotius's misfor
tune, it seems, to fall half a century short in the art of just
thinking. But what pains will not some men take to draw
reputation to their own apartments : first, disparaging an
cients in comparison of moderns, to bring it so much nearer
towards themselves : next, excluding Divines at large, to fix
it among critics or civilians ; then highly extolling two or
three very eminent personages, to beat off rivals, and, as it
were, to devolve all repute upon them for a season ; lastly,
giving broad intimations that there are yet greater men than
those, as to true reasoning (a prime excellency) and the per
fection of just thinking : and who should these at length be,
but the same that sit as judges upon them, as upon all the
rest ? Various are the windings and turnings of self-love,
and its illusions many ; but I forbear. These reflections, if
not capable of the strictest proof, yet have most undoubtedly
greater appearances of truth e, than most of those unworthy
aspersions cast upon the primitive Fathers.
After all, we take not upon us to acquit the Fathers of all
kinds of mistakes, or of human frailties, for we very well
die quarto Februarii, ab inquisitionis d Le Clerc's Parrhasiana, p. 247, 248.
quod Romae est officio, nota haereseos Engl. edit.
inureretur  Buddei Hislor. Jur. Na- ° Qui ita omnia reprehendunt, et in-
turalis, p. 31, 32. Conf. Bayle, Diction, veterate existimationis auctores tarn lu-
in Grotius, note O. benter explodunt, plerumque id agunt
a Crescere tum in dies existimatio de ut soli habeantur laude digni : vel certe
utilitatibus librorum Grotii ; ut in Aca- ad suum judicium, quasi ab erroribus
demiis viii docti eosdem praelegere et humanis immune, omnia aliena volunt
interpretari consultum ducerent. — Bud- conformata ; quod arrogantiae est haud
deus, ibid. p. 39. Conf. Bayle in note O. vulgaris  Perizonius, Q. Curt. Vin-
b Johannes a FeWen, a.d. 1653. dicat. p. 192.
c Prefatory Discourse, p. 79.

458 THE USE AND VALUE OF [WATERLAND.
Know that they were men, though excellent men. All we
desire is, that no errors may be imputed more than belong to
them, nor that those which they really gave in to, be aggra
vated beyond reason ; nor that that wherein any of them
singly offended, be collectively thrown upon them all. In
short, we desire no favour in their behalf, but truth, justice,
equity, candour, and humanity, which are due to all men,
living or dead ; and much more to persons of such exem
plary virtues, and so exalted a character in the Churches of
Christ.3 I shall only add, that had the Fathers, several of
them, really fallen into as many errors of doctrine as some
would make us believe they did, yet our two main positions
would stand firm as before ; viz. 1. That from the writings
of the Fathers, taken with other collateral evidences, we
may competently learn, as to matter of fact b, what was the
general sense of the three first centuries in the important
articles of faith.0 2. That the historical knowledge of the
fact so testified, may be of very great use to us, for the in
terpreting of Scripture, so far as concerns those articles, and
for guarding the Word of God against any novel and danger
ous misconstructions.
6. It has been sometimes objected, that the Fathers were
but very indifferent critics upon Scripture, and that they fre
quently misinterpreted particular texts. A learned writer
has been at the pains to draw up a moderate octavo, full of
supposed examples of that kind, beginning with Genesis,
and descending regularly through the Scripture, almost as
far as the Revelations.d He had a wide field to range in,
a Recte igitur nostri docent, aequitatis c Nihil dubii esse possit, quin per
legem postulare, ut quos propter multa duo saltem aut tria ab Apostolis secula,
praeclare dicta non aequamus Scripturae, Ecclesia in primitivo suo vigore, atque,
eosdem propter naevos et errores non- ut ita loquar, Virginitate permanserit :
nullos protinus non rejiciamus. Cir- eodem nimirum statu quo ab ipsis Apos-
cumtulerunt et ipsi carnem et sangui- tolis relicta fuit ; nisi quod novae subinde
nem ; fassi sunt, se humanae infirmitati haereses istis etiam diebus erumperent,
obnoxios : perhumane igitur tractandi quibus Ecclesia exercitata fuit, minime
sunt, non proterve sugillandi. — Rivet, corrupta : haud magis scilicet quam
Traetat. de Patr. Autoritat. u. 10. p. 65. Ecclesia Apostolica ab istis Haeresibus
D A proper distinction should be made depravata fuit quae Apostolis adhuc su-
(as I before hinted) between the rea- perstitibus emergebant ; vix citius enim
sonings of the fathers and their testi- exortae sunt quam ab Ecclesia rejectae.
monies as to fact. Of which see Dod- — Bevereg. Cod. Can. Vindic. in Procem.
well. Dissert, in Iren. i. s. 43. p. 77. s. 7.
&c. ; Bishop Smalbroke, Vindicat. of d Whitby, Dissert, de Script. In-
Miracles, &c, vol. i. p. 123. terpret.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 459'
four or five whole centuries, and more. And if any thing
amiss, by way of comment, happened to drop from any
Father, in all that time, perhaps in some very hasty com
position, some extempore homily, or the like, that must be
brought in to swell the account : and whatsoever any one
singly has offended in a single place (somewhere else perhaps
making us amends for it) he is to bear the odium of it ; and
not only he, but all his predecessors and successors for so
many centuries, all that pass under the name of Fathers :
for the design is to show, that the Fathers in general were
very weak men. It would be tedious to enter into a detail of
the texts said to be misinterpreted. Therefore I shall only
observe as follows, upon the examination I have made. 1.
That some of the interpretations found fault with, are true
and just interpretations, blamed without reason, and brought
in only for show. 2. Several others are doubtful, and many
claim candid allowances. 3. Some are misreported, or re
presented otherwise than the good Fathers intended. 4.
Most of the blameable ones are of the allegorical kind ; and
they very often are not so properly interpretations (for the
Fathers generally admitted a literal interpretation besides, of
the same texts) as a kind of moral or spiritual uses or im
provements raised upon the texts, for the practical edification
of the people. The design seems to have been much the
same, only employed upon a nobler subject, with what seve
ral pious persons have attempted, in endeavouring to turn
every common incident of life, every thing they hear, read,
or see, to some spiritual improvement, by apposite reflections
or meditations. The reader may find a specimen of such
spiritual exercises as I speak of in the very pious and in
genious Mr. Boyle, in his treatise intitled Occasional Re
flections upon several Subjects. Such a kind of exercise I
take many of those allegorical comments, those especially
of the tropological kind, to have been. They were well
meant, and had their use, though often carried too far ; but,
in strictness, they were not interpretations of Scripture, but
rather pious meditations upon Scripture. I am sensible that
some of them were intended as interpretations ; but in the
general, and for the most part, I conceive that they were
rather what I have said. 5. But supposing that the Fathers

460 THE USE AND VALUE OF [WATERLAND.
sometimes, or often mistook in their interpretations of Scrip
ture, in such texts more especially, upon which no funda
mental doctrine of the Church depended, nor perhaps was
concerned in, what can be supposed to follow from such
a concession ? Nothing, so far as I can yet apprehend, that
will at all affect our present question. It may be allowed,
and cannot indeed justly be denied, that modern critics and
Divines, of the first rank, having the light of the Fathers
before them, and greater skill in the languages, and many
additional helps which the Fathers wanted, are better textu-
aries upon the whole % than the ablest of the ancients were,
or than all the Fathers together, because they contain them,
in a maimer, or the best things in them, with additional im
provements. But admitting all this, it concludes nothing
against the use or value of the ancients, but supposes it all
the time. Besides, the stress is not laid upon any critical
acumen of the Fathers in interpreting every particular text,
but upon their faithfulness in relating what was the doctrine
of the Church, as to the prime things, in their times, or be
fore, and upon their interpretation of some remarkable and
leading texts, such, for instance, as John i. 1., upon which
chiefly the fundamental doctrines were conceived to rest.
From whence it is manifest, that the learned collector of
erroneous comments, supposing his representations just,
which they often are not, has shot wide of the mark ; and in
deed he was sensible of itb; however, notwithstanding, he
a Eruditionem patribus, aut sagaci- cantesque de eorum ratiociniis juniorcs.
tatem in sequelis colligendis, potiorem Sed vero in coaevis Scriptoribus intelli-
nullam asserimus quam coaevis aliis gunt coaevi etiam idiotae, quae lateantre-
eorundum temporum Scriptoribus: sed motiorum seculorum etiam eruditissi-
nec potiorem illis antiquis in universum, mos. — Dodwell, Dissert, in Iren. in
quam junioribus nostris. Quin bonas prefat. s. 15.
literas studiosius excultas a nuperis nos- b Nee hoc in animum induxisse hos
tris Ecclesiae Reformatoribus libenter patrum antistites existimo (quod eorum
agnoscimus : nee in philosophia modo, verba prae se ferunt) nempe sacras Scrip-
sed in autiquitate, in ipsis etiam Unguis turas interpretandas esse juxta sensum
illorum temporum vernaculis : sed et quern patres de iis speciatim, verbisque
pressiorem nostris et solidiorem argu- conceptis exhibuerunt, quemque nos in
mentandi methoduin agnoscimus quam hoc opere protulimus ; sed tantum eas
sit alia ilia laxior, et sophistica, et decla- interpretandas esse juxta doctrinam quam
matoria, quae non apud patres duntaxat, existimant apud priinaevos patres obti-
sed et alios eorundem temporum Scrip- nuisse. Quod quidem non est sensum
tores erat receptissima. Itaque, excep- Scripturae ex verbis Scripturae accipere,
lis illis quae ad fidem pertinent, aut quae sed sensum patrum Scripturis adferre,
ad propriorum temporum historiam; in &c. — Whitby, Dissert, praef. p. 19.
aliis facile ferimus dissentientes, judi-

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 461
thought fit to publish his collection. He acknowledges our
meaning to be no more than this, that Scripture be interpreted
by the general doctrine of the ancient Church, in the prime
things.1 But then he runs on to call it imposing a sense
upon Scripture, instead of taking one from it ; making the
Fathers speak for Christ, instead of permitting Christ to
speak for himself, and the like. Now indeed, if every man
that should undertake to interpret Scripture out of his own
head, were infallibly certain to make Christ speak for him
self, and were in no manner of danger of imposing a sense
upon him, there would be some weight in such reasoning.
But did Socinus, did Arius, did Sabellius, did Valentinus,
or an hundred more, succeed so well in that way, that that
should be recommended as the only safe way of delivering
the mind of Christ ? It is granted on all hands, that Scrip
ture should speak its own sense, and that no foreign sense
ought to be imposed upon it ; but then one of the best rules
we can think of to secure to it its own sense, and to exclude
all foreign senses, is to keep to the old sense, while the words
will bear it, much more if they require it, which obtained
from the beginning, among the Churches favoured in a very
particular manner by the illustrious presence of the Spirit of
God.b 7. It has been sometimes objected, that there have been
Fathers against Fathers, Councils against Councils, and warm
contests amongst the ancient Doctors themselves ; particularly
a This matter is very clearly and ac- ne perperam illud interpretemur, quando
curately expressed by Mr. Thorndike : omnes ad errorem sumus proclives, at-
— " Est enim magnopere advertendum, tendere etiam debemus, non modo quid
cum definiendam ex traditione Ecclesiae unus et alter, sed omnino quid constanter
Scripturae sententiam dico, non hoc me docuerit Ecclesia Dei. Quantopere
velle quasi teneri possit sensus Scripturae enim repugnat perspicuitati Scripturae,
traditione (quis enim putet Scripturarum si ita exaratae credantur, ut ab Aposto-
scientiam, omni literarum genere con- lorum excessu, ne in praecipuis quidem
stantem, traditione teneri posse ?) sed fidei capitibus, ipsi eas ecclesiarum doc-
quod recusandum sit, tanquam a vero tissimi ceperint antistites I Quantum
Scripturae sensu alienum, quicquid in item adversatur Bonitati Dei et Amori
traditionem ineurrit : quod est dicere, erga nos, si per tot secula, ad scriptura-
intra fines traditionis continendam esse rum intelligentiam defuisse statuamus
interpretationem Scripturae." — Thorn- Spiritum Dei, viris licet pietate et sanc-
dike, De Ration. Fin. Contr. p. 1 47. Com- timonia praecellentibus, Ecclesiaeque sem-
pare Sherlock. Socin. Contr. p. 78. per commendatissimis, atque ed meliori-
b The very judicious and learned Ger. bus quo Apostolicis propiores erant
Vossius speaks excellently well on this temporibus." — Voss. in Epist. ad Forbes
head : — " Ante omnia quidem scrutan- praefix. Histor. Instruct. a.d. 1645.
dum, quid Deus dicat in verbo suo : sed

462 THE USE AND VALUE OF [WATERLAND.
about the time for observing Easter, and about heretical bap
tisms. All which we allow, but further plead, that the more
they differed in rituals, or matters of discipline, things of
slighter concern, the more regard is to be paid to them in the
greater matters wherein they all agreed. For if they would
not suffer any innovation, or the appearance of any, even in
the smaller matters, but were exceeding jealous of every
thing that looked new, and were prepared to oppose any per
son or persons, how considerable soever in station, age, or
dignity, rather than admit a novelty, how can we imagine
that they should all so unanimously agree in the doctrine of
our Lord's divinity, if it were not old doctrine, the faith
which was once delivered unto the Saints ? Their differences
in inferior matters serve to strengthen the plea drawn from
their unanimity in this, and so are an argument on our side,
rather than any objection against us.3
8. It has been objected b, that our sixth Article con
demns the method of interpreting Scripture by antiquity, or,
at least, supersedes it, because it says, " Holy Scripture con
tained! all things necessary to salvation ; so that whatsoever
is not read therein, nor may be proved thereby, is not to be
required of any man, that it should be believed as an article
of faith, or necessary to salvation." The article says nothing
but what is perfectly right, and perfectly consistent with all
we have been pleading for. We allow no doctrine as neces
sary which stands only on Fathers, or on tradition, oral or
written ; we admit none for such, but what is contained in
Scripture, and proved by Scripture, rightly interpreted. And
we know of no way more safe in necessaries, to preserve
the right interpretation, than to take the ancients along with
us.c We think it a good method to secure our rule of
a Daille himself argues in like man- that it proceeded from some combina-
ner, as we here do. — "As for those tion, or some correspondence and mutual
differences in opinion which are some- intelligence." — Daille, Use of the Fa-
times found amongst them, touching thers, part ii. c. 6. p. 186. Conf.
some certain points of religion, some Bevereg. Cod. Can. Vindicat. in Prooem.
whereof we have formerly set down, s. 5.
these things are so far from taking off b Whitby, Dissert, p. 4.
any thing from the weight of their testi- c So the great Casaubon, speaking
monies, as that, on the contrary, they both for himself and for the Church of
add rather very much to the same. For England, and at the same time for
this must acquit their consenting of all Melancthon and Calvin also : — " Opto
suspicion that some persons might have, cum Melancthone et Ecclesia Anglicana,

WATERLAND.] ECCLESIASTICAL ANTIQUITY- 463
faith against impostures of all kinds, whether of enthusiasm,
or false criticism, or conceited reason, or oral tradition, or
the assuming dictates of an infallible chair. If we thus pre
serve the true sense of Scripture, and upon that sense build
our faith, we then build upon Scripture only ; for the sense
of Scripture is Scripture." Suppose a man were to prove
his legal title to an estate ; he appeals to the laws : the true
sense and meaning of the laws must be proved by the best
rules of interpretation ; but after all, it is the law that gives
the title, and that only. In like manner, after using all pro
per means to come at the sense of Scripture, which is Scrip
ture, it is that, and that only, which we ground our faith
upon, and prove our faith by. We allege not Fathers as
grounds, or principles, or foundations of our faith, but as
witnesses, and as interpreters, and faithful conveyers.
That the Church of England has a very particular regard
to antiquity, may sufficiently appear from a canon set forth
in the same year when our Articles were first perfected and
authorised by Act of Parliament, namely, in the year 1571.
By that canon it is provided, " That preachers shall not
presume to deliver anything from the pulpit, as of moment,
to be religiously observed and believed by the people, but
that which is agreeable to the doctrine of the Old or New
Testament, and collected out of the same doctrine by the
Catholic Fathers, and the Bishops of the ancient Church " b
— a wise regulation, formed with exquisite judgment, and
per canalem antiquitatis deduci ad nos more clear and unquestionable in any
dogmata fidei, e fonte saerae Scripturae point of faith, wherein we can find it
derivata. Alioquin quis futurus est no- hath declared its sense. For we look
vandi finis? — Etsi omnis mea voluptas upon this tradition as nothing else but
est et sola, versari in lectione saerae the Scripture unfolded: not a new
Scripturae, nullam tamen inde me hau- thing which is not in the Scripture, but
sisse, propriam sententiam nullam habere, the Scripture explained and made more
neque unquam avv @e$ eiirai', esse habi- evident. " — Du. (afterward Bishop)
turum. Magni Calvini haec olim fuit Patrick's Discourse about Tradition, p.
mens, cum scriberet praefationem suam 18. Printed a.d. 1683.
inCommentariumEpistolaeadRomanos; b Imprimis vero videbunt (conciona-
non debere nos iv Tols KvpiurdTOis, a tores) ne quid unquam doceant pro con-
consensu Ecclesiae recedere. a.d. 1611. cione, quod a populo religiose teneri et
— Casaub. Epist. 744. Dan. Heinsio, credi velint, nisi quod consentaneum sit
p. 434. edit, tertia Rotterdami. doctrinae Veteris aut Novi Testamenti,
" " We reverently receive the unani- quodque ex ilia ipsaV doctrina Catholici
mous tradition or doctrine of the Church Patres et veteres Episcopi collegerint 
in all ages, which determines the mean- Sparrow, Collect, p. 238.
ing of the Holy Scripture, and makes it

464 THE USE AND VALUE OF [WATERLAND.
worded with the exactest caution. The canon does not order
that they shall teach whatever had been taught by Fathers ;
no, that would have been setting up a new rule of faith ;
neither does it say, that they shall teach whatsoever the
Fathers had collected from Scripture ; no, that would have
been making them infallible interpreters, or infallible rea-
soners. The doctrine must be found first in Scripture ; only
to be the more secure that we have found it there, the Fathers
are to be called in, to be as it were constant checks upon
the presumption or wantonness of private interpretation.
But then again, as to private interpretation, there is liberty
enough allowed to it. Preachers are not forbidden to in
terpret this or that text, or hundreds of texts, differently
from what the Fathers have done ; provided still they keep
within the analogy of faith, and presume not to raise any
new doctrine : neither are they altogether restrained from
teaching any thing new, provided it be offered as opinion
only, or an inferior truth, and not pressed as necessary upon
the people. For it was thought that there could be no
necessary article of faith or doctrine now drawn from Scrip
ture, but what the ancients had drawn out before, from the
same Scripture ; to say otherwise, would imply that the
ancients had failed universally in necessaries, which is morally
absurd. From this account it may appear, that the Church of
England is exactly in the same sentiments which I have been
pleading for. And indeed, if there be any Church now in
the world which truly reverences antiquity, and pays a
proper regard to it, it is this Church.3 ' The* Romanists talk
of antiquity, while we observe and follow it. For with them,
both Scripture and Fathers are, as to the sense, under the
a Ecclesia Anglicana hoc se universo pronuntiat, earn demum se doctrinam
orbi charactere dignoscendum, hoc aequae pro vera simul et necessaria ad salutem
posteritati aestimandum proponit, quod agnoscere, quae e Fonte Saerae Scripturae
in controversiis fidei aut praxeos decer- manans, per consensum veteris Ecclesiae,
nendis, illud firmum ratumque semper ceu per canalem, ad haec tempora fuerit
habuerit (et huic basi Reformationem derivata. — Casaueon, Epist. ad Perron.
Britannicam niti voluerit) ut Scripturis 838. p. 493. a.d. 1612. Quod si me
prima;, dein primorum saeculorum Epis- conjecture non fallit, totius Reforroa-
copis, Martyribus, Scriptoribus Eccle- tionis pars integernma est in Anglia,
siasticis secundae deferrentur  Ham- ubi cum studio veritatis, viget studium
Moun, contr. Blondell. in praelim. c. xiv. antiquitatis.— Idem ad Salmas. Epist,
o. 13. Rex cum Ecclesia Anglicana 837. p. 489. a.d. 1612.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 465
correction and control of the present Church3 : with us,
the present Church says nothing but under the direction of
Scripture and antiquity taken together, one as the rule, and
the other as the pattern or interpreter. Among them, it is
the present Church that speaks pretending Scripture and
Fathers : with us, Scripture and Fathers really speak by the
Church. I have before thrown in some testimonies of the
high regard which our Church pays to antiquity ; and if the
reader desires more of like kind, he may please to consult
such as have collected them, some of which I refer to at the
bottom of the page.6
9. It may still be objected, that the appealing to an
tiquity may be both fruitless and endless, and can never
decide differences, or silence disputes, because all parties
almost have or may put in their claim to it ; and as it will
be hard to decide among the several claimants, so the whole
wil] terminate in confusion0 : therefore, the shortest and best
method is, to throw off antiquity, and to abide by Scripture
alone. This objection does, in some measure, fall in with
others before mentioned : but because it contains in a manner
the sum and substance of several, I shall return a distinct
answer to it in so many particulars.
(1.) I would observe, that since all parties almost have put
in their claim to antiquity, it is a certain sign that they have
- Vid. Rivet. Tract, de Patr. Autho- b Scrivener adv. Dallaeum. Par. i.
ritate, c. vii. p. 40., &c. Patrick on c. 9. p. 57., &c. Dr. Puller's Modera-
Tradition, p. 41. Stillingfleet's Rational tion of the Church of England, p. 80.,
Account, part i. e. v. p. SO., &c. N. B. &c. Bull. Apolog. pro Harmon, s. 1.
In the 14th Article of the Creed of p. 634. Grabe, Spicileg. vol. i. in
Pope Pius IV., the words run thus : — Praefatione. Saywel), Praefat. Apologet.
" I do receive the Holy Scriptures in the praefix. Launoii Epist. a. d. 1689. " It
same sense that holy Mother Church is a calumny to affirm that the Church
doth, and always hath ; neither will I of England rejects all tradition : and I
receive and interpret them otherwise hope none of her children are so ignorant
than according to the unanimous con- as when they hear that word to imagine
sent of the Fathers." Here are two con- they must rise up and oppose it. No ;
tradictory things blended together, the the Scripture itself is a tradition ; and
sense of their present Church, and the we admit all other traditions which are
unanimous consent of the Fathers: which subordinate and agreeable to that, toge-
are no more to be reconciled than light ther with all those things which can be
and darkness ; except it be by making proved to be apostolical, by the general
antiquity as much a Lesbian rule as they testimony of the Church in all ages." —
make the Scripture. I follow the copy Patrick, on Tradition, p. 48.
of that Creed given in Latin and Eng- c Whitby, Dissertat. Praefat. p. 28.
lish at the end of Dr. Hickes's Letters, 75. 80.
published a. d. 1705.
VOL. III. H H

466 THE USE AND VALUE OF [WATERLAND.
a value and esteem for it, and think it of some force. They
appeal to Scripture also, because it is of weight ; one has a
plea from it, aud another a pretence. Whatever is worth
the having, where it is to be had, will be also thought worth
the counterfeiting where it is not. Therefore, we may ex
pect in such cases counterfeit Scripture and counterfeit
antiquity to give colour to false claims, as well as genuine
Scripture and genuine antiquity, to support true ones. AH
this shows that it is commonly thought a great advantage to
have antiquity on one side, and as great a disadvantage to
any cause, to want it. Men would never contend about it
were it worthless, or insignificant ; they would not take pains
to adulterate the coin, if the coin itself were not valuable.
Therefore, let us not too hastily part with anything which
all parties a either openly speak well of, or secretly covet and
admire.6 (2.) As to deciding differences, or silencing disputes, it is
granted that antiquity will not always be effectual, neither
will Scripture ; neither indeed will any thing but what would
be effectual to make all men humble and modest, wise and
good. That so many several sects and parties differ so
widely from each other, and from the truth, is not generally
owing to this, that their different interpretations of Scripture
have led them into different opinions in religion, but their
different opinions have led them into different interpretations.
All must of necessity pretend colour, at least, from Scripture
(if they would not be taken for madmen or infidels), and if
true interpretation will not answer the purpose, false must
come up of course. So, it is in vain to cast about for any
rules of interpretation, as certain remedies for the healing
differences, or ending all disputes : the disease lies deeper,
and is too stubborn for human means. There is no infallible
a Vid. Hoornbeck. Socin. Confut. of the ancient and universal practice of
torn. i. c. 6. p. 86., &c. saints and martyrs, as an argument to
D It is remarkable of Socinus, who prove that such was the sense of Scrip-
contemned tradition and all the ancients, ture : " Quia nimis aperte in Sanctis
undertaking to coin a new religion from Uteris ea illi tribui animadvertunt," &c.
Scripture alone ; I say, it is remarkable of — Ad Matt. Radec. Epist. iii. p. 391.
him, that when he found that his disci- An argument which, if he had uniformly
pies would not submit to worship Christ, attended to it, ought to have given some
after all he could bring from Scripture check to his most exorbitant wantonness
to persuade them to it, he reminded them and self-sufficiency in other matters.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 467
preservative, no irresistible expedient against heresy, any
more than against any other vices ; neither ought there to
be any ; for then a right belief would be no matter of choice,
nor faith any longer a virtue, as God designed it should be.
We pretend not, therefore, to infallible cures by any means
whatever. But though we cannot expect to work miracles
by the help of antiquity and Scripture together (for heresies
there will be notwithstanding, and Scripture itself intimates
there must bea), yet they are both of them of very great use,
and may have their effect in a human way, among reason
able men ; which is sufficient. We are very sensible that
they who study to pervert Scripture, will pervert tradition
too, and will often turn those weapons against the truth
which were intended only for defence of it. That is an
inconvenience common to a thousand other cases besides this;
we must be content to bear with it, and to conduct as pru
dently as we can, under direction from the Word of God.
And when we have so done all that is proper, or required,
and without effect, the appeal must lie to the common reason
of mankind ; and there it must rest till the cause comes to be
heard before a higher tribunal.
(3.) But though Scripture and antiquity mayboth of them
be resisted, or both perverted, and are not certainly effectual,
nor intended to be so, yet both together are of greater force
than Scripture singly can be ; and that is reason sufficient for
superadding antiquity. Two witnesses are better than one,
though one be superior ; and two proofs of the same thing,
though one be as primary, and the other secondary, amount
to more than either of them singly can do. Every additional
light contributes some lustre, and every accessional weight
helps to turn the scale. A man may be able to evade Scrip
ture alone, who may not be able to evade both Scripture and
antiquity ; or if he can evade both, yet, perhaps, not so easily.
Therefore, if the taking in antiquity is of service, as it re
inforces truth, and bears the harder upon error b, it is worth
a 1 Cor. xi. 19. genere semper pugnatum fuit a Sanctis
b Quis verd non fateatur, praescrip- patribus. Qui praecipue quidem se
tione ejusmodi multum firmari aiiimos tuentur Scripturae auctoritate, nee tamen
nostros in genuina. Scripturae interpre- praetereunt primorum temporum consen-
tatione, validius quoque munitiusque sum. — Gerard. Voss. Epist. ad Forbes.
haereses refelli? Quare hoc armorum
H H 2

468 THE USE AND VALUE OF [WATERLAND,
the urging, for the same reason as all kinds of arguments,
or dissuasives against sin and wickedness, are to be urged in
due place.
(4.) Lastly, I must observe, that there is no such great
difficulty, as some persons may fancy, in distinguishing false
claims from true, or in pointing out among the several
claimants, where the right lies. Men of ready wit and in
vention may draw up a catalogue of innumerable difficulties,
taking in all such as might possibly happen in any case, and
throwing them together, so as to make up one large and
floating idea of difficulty, for the reader to apply to every
case ; but if one looks a little closer into any particular in
stance, he will be surprised to find how easy it is, after all, to
form a judgment of it, and that not a hundredth part, per
haps, of that general confused idea of difficulty does really
belong to it. If a man were inclined to hear what fine
harangues might be made upon the uncertainty of the reports
of sense, how often and how many several ways his eyes or
ears, or other senses might deceive him, (which may be illus
trated with great variety of instances from history, embel
lished with all the ornaments of wit and fancy,) he might be
apt, for some time, almost to mistrust his senses, and to take
life itself for a dream. But notwithstanding all, when he
comes to consider use and experience, he will soon find that
his senses may, for the most part, be securely trusted to,
without danger of deception, and that it is scarce once in a
thousand trials that they lead him into error. The like may
be said with regard to the studied harangues drawn up by
some writers, about the uncertainty of all traditions, and the
obscurity of the Fathers, and the danger of deception : they
, amount only to loose general discourse, which may seem at
first to have something in it a, but is soon confuted by use and
experience, the safest criterion to judge by. The truth of
what I say may best appear by an induction of particulars ;
and therefore I shall next briefly run over the most observr
able pretences to tradition, ancient and modern, such as at
a Legi libros de abusu Patrum, et mecum ipse de nervis argumentorum
quidem saepius. Sed nescio quomodo, coepi cogitare, assensio omnis ilia elaba-
dum lego, assentior, cum posui libros, et tur. — Zornius, p. 665.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 469
present occur to me, that we may judge from the particular
instances how that case stands.
Basilides, of the first or second century, and his partisans,
pleaded antiquity, and put in their claim to tradition, deriving
it, by one Glaucias, from St. Peter himself." But the vanity
and folly of the plea was apparent at first sight ; and no
sensible man could ever think it at all reasonable to give
credit to a wandering tale, or to that obscure Glaucias rather
than to certain fact, appearing in Scripture, and in the
Churches founded by St. Peter, that St. Peter's doctrine was
quite another thing from what Basilides had fathered upon
him. Valentinus, of the second century, and his disciples, pleaded
antiquity also, as well as Scripture, and fetched their doctrine
by one Theodades, as they said, from the Apostle Paul." A
likely matter ! That Theodades, whoever he was, should
know more of St. Paul's mind than all the Churches founded
by that blessed Apostle. The silliness of such a plea be
trayed itself at once ; and but to name it, was to expose it.
The Marcionites, along with the Basilidians and Valenti-
nians, pretended also to derive their common doctrines down
by tradition from the Apostle Matthias.0 But their plea was
mere artifice and pretence, and was effectually confuted by
the standing doctrine of all the Apostolical Churches. By
their common doctrines, I mean such as they all agreed in,
as about the origin of evil, and the denial of Christ's real
humanity, or the like.
The Artemonians, of the third century, pretended tradition
for their heresy from the Apostles themselves, and by the
Apostolical Churches d: which was saying something, had
they been able to make out the fact. But the falsity of the
report was palpable, and a child might see it. For they had
contrived their story so oddly, and brought it down so low,
that besides ancient records in great numbers there might
be thousands of living witnesses who could contradict it, and
expose it as a shameful imposture.
a Clemens Alexandria Strom, vii. p. Conf. Dodwell, Dissert, in Iren. i.
898. ed. Oxon. P- 48.
0 Clem. Alex. ibid. d Euseb. Eccles. Hist. lib. v. c. 28.
e Clem. Alex. Strom, vii. p. 900. H II 3

470 THE USE AND VALUE OF [WATERLAND.
The Arians, after them, in the fourth century, claimed
tradition equally with the Catholics, but not with equal rea
son. They pretended to derive their doctrine down by the
Fathers that lived before them ; particularly by Origen, and
Theognostus, and Dionysius Alexandrinus ; but Athanasius
easily detected the iniquity of their claim, and effectually con
futed it.a
The Macedonians also, in their turn, pleaded tradition for
their rejecting the divinity of the Holy Ghost. But the great
St. Basil laid open the falsity of their pretences that way,
and demonstrated that tradition was on the contrary side.'
Afterwards (a. d. 383), when both they and the Arians
were solemnly called upon, and asked if they would admit
the common suffrage of the ancients, and be concluded by it ;
they shrunk, and would not stand the test, choosing rather
to rest the issue of the cause upon logical disputation0, their
usual refuge, and which they thought their safest retreat.
It seldom happens, but that those who make false pretences
to antiquity, do, by their own conduct, by their evading or
shifting when pressed, or some other as significant marks,
betray their own cause ; insomuch, that a stander-by of or
dinary sagacity may often, without entering into the heart of
the dispute, give a shrewd conjecture how the case stands.
Having considered some of the most noted instances of un
justifiable claims among the ancients, let us next descend to
modern, for further illustration of what we are upon.
The Romanists are great pretenders to Catholic tradition,
or primitive antiquity. And yet the fact is so full and plain
against them, that we can point out to them in every age
when, and where, and how, every corruption almost com
menced, and every innovation crept in d ; or can prove at
least, that it was not from the beginning. And it gives
ground for suspicion, that they are themselves conscious of
the nullity of their claim, when they decline fair disputation.
" Athanas. de Decret. Synod. Nic. Answer to the Bishop of Meaux ; and
p. 230., &c. De Sententia Dionysii, p. Bishop Stillingfleet's Council of Trent
243., &c. examined and disproved by Catholic
b Basil, de Spiritu Sancto. Tradition, a. j). 1688. Dr. Whitby's
c Socrat. Eccles. Hist. lib. v. c. 10. Treatise of Tradition, a.d 1688. Payne
Sozom. Eccles. Hist. lib. vii. c. 12. See on the Sixth Note of the Church, a.d,
my Second Defence, praef. p. 13. &c. 1687.
'• See more particularly Bishop Bull's

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 471
They screen themselves under modern infallibility, and take
sanctuary commonly in their own authority, as sole judges of
every thing, rather than rest the issue of the cause upon a
strict and fair inquiry into ancient fact. I may further add,
that it can scarce be thought a very difficult matter to dis
cern how antiquity stands as to that controversy, when a
single writer of our own, our excellent Bishop Jewel, was
not afraid, though a very modest man, to challenge them
publicly upon a great many articles, twenty-seven in number,
and to give them six whole centuries to look out in, only to
produce any one sufficient sentence out of any old Catholic
Doctor, or Father, or General Council, that should be found
to declare clearly and plainly on their side, in any of the said
articles. He made the challenge, and upon trial was suf
ficient to stand his ground.3 The like challenges, with
respect to the first three or four centuries, have been offered
by others b, and may be easily maintained by any man of
competent learning or judgment ; so little difficulty is there
in tracing tradition, or in distinguishing pretence from reality.
Wherefore one can scarce forbear lamenting, that so able a
writer as Daille should spend the pains he did to depreciate
the use and value of the Fathers, only for fear the Romanists
should take advantage of them.0 He wanted at that time
either the spirit or the penetration of Jewel ; otherwise
he might have considered that the Protestant cause could not
desire any fairer or greater advantage, than to join issue
upon the point of genuine antiquity, and to be concluded by
it. Indeed, it seems, that he did perceive it afterwards, and
made very good use of it, when years and experience had
more enlarged his views.d
The modern Socinians, though their way has been for the
most part to reject antiquity, or to undervalue it, finding it
" Fidem fecerint vel solius Magnae sed praestantissimi etiam Whitakeri judi-
Britanniae vestrae, vel etiam nostras, tot cio, timidiores hi fuere quam necesse
theologi summi. Ante omnes Keip.i)\Lov erat. — Ger. Voss. ad Forbes.
illud hominis, Joannes Juellus, antistes D See Dr. Hicks's Letters to a Popish
Sarisburiensis. Quis enim e Conciliis Priest, p. 188, 189.
vel Doctoribus, quotquot primis fuere " See his Epistle Dedicatory, prefixed
annis sexcentis, non animosiiis modo, sed to his Right Use of the Fathers ; as
doctiiis quoque, vel felieius impugnavit also his preface to the same.
adversarios? Non defuere quidem quibus d Vid. Scrivener in Praefat. Zornius,
hoc disputandi genus minus probaretur, p. 666.
H H 4

472 THE USE AND VALUE OF [WATERLAND.
run against them, have yet many of them, and of late more
especially, thought it policy to set up a claim to tradition,
deducing it from the Apostles, by the Ebionites and Naza-
raeans, whom they ignorantly or artfully confound, down as
far as to the days of Justin Martyr, where they are pleased to
imagine a break in the descent, making him the first inno
vator. The story is better laid than that of their prede
cessors, the Artemonians before mentioned ; for they confine
us within fifty years from the apostolical age ; and they
know that we have but few records within that compass, to
confute their tale by. However, by laying all our evidences
together, and making the best of them, means have been
found to demonstrate a, so far as matter of fact can be de
monstrated, the falsity and nullity of their pretended tradition.
And indeed, it must look very odd at first sight, to every
considering man, that a tradition from the Apostles should
be brought down by Ebionites, men condemned by all the
Apostolical Churches ; nay, and by the Apostles themselves,
as may appear from what I have offered above.
There remain now only the modern Arians to be spoken
to ; some of whom do, with great assurance, lay claim to
ancient tradition ; while others fluctuate and hesitate upon it,
as upon a point which they neither know how to abide by,
nor how to give up. As to those who put on the greatest
assurance, it is a strong presumption of their consciousness
of something wrong, that they are unwilling to acquiesce
in the Canonical Scriptures, without superadding another
gospel to them, a new book of constitutions, spurious and in
terpolated pieces of the third, fourth, and fifth centuries b ;
which, whatever else they be, are undoubtedly no part of the
oracles of God. Another, circumstance which looks suspi
cious, is, that this pretended tradition is confined within two
centuries. The reason is, because the evidences afterwards
come in too full and strong to be eluded : besides that, Clemens
of Alexandria and Tertullian, who are both within the com
pass, but happen to speak too broad and clear, are excluded
a Bull, Primitiva et Apostolica Tra- * See Mr. Turner on the Apostolical
ditio, per tot. Mosheim, Vindic. Antiq. Constitutions, printed a.d. 1715.
cont. Joan. Toland. Stillingfleet, Vin
dic. of the Trin. u. 3. p. 15., &c.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 473
from giving their testimony." And yet, after all, even those -
which are taken in, as Justin, Irenseus, Athenagoras, &c.
furnish out evidence enough to confute the ill-contrived claim,
and to prove it a figment.
As to other more prudent and cautious abettors of the
same cause, though they decline not testimonies from the
ancients, when any can be made to look favourable to that
side ; yet they endeavour, more ways than one, to sink the
value of antiquity, and to lessen the just esteem which we
ought to have for it. The testimonies of the ancients are
depreciated under the low name of bare illustrations11, because
they are not proofs in the highest sense, as the Scriptures
themselves are. But there is a medium between proofs in
that strongest sense, and mere illustrations : for subordinate
proofs of the Church's Doctrine from the beginning, drawn
from Church writers, are proofs of something, though not
foundations of our faith, proofs in the moral kind, second
only to Scripture °, and such as ought at least to have a ne
gative, so far as concerns fundamentals, in the interpretation
of Scripture.
Another instance of the low esteem which those gentle
men have of the Fathers, is seen in this, that while they
quote passages from them, such as they can most easily
warp to their own hypothesis, yet they undertake not, so far
as I have observed, to reconcile the other numerous pas
sages, or to make the Fathers, upon the whole, consistent
evidences on their side, as we do on ours ; this, I say, is
another presumptive argument that they are themselves, in
some measure, conscious how precarious and unsupported
their claims to antiquity are.
I may add, that some amongst them have taken all pos
sible pains to expose the Fathers to the utmost d, on purpose
to render their suffrage in this cause useless and insignificant ;
a plain sign that they take them not for friends, since they
do not use them like friends. From this single mark, a man
a Whiston, Primitive Christianity re- cond Defence, p. 487, &c, alias p. 492,
vived, vol. iv. p. 2. Compare Grabe's &e.
Instances of Defects, &c, p. 8, &c. a Dr. Whitby's Dissertation (de Scrip.
" Clarke's Script. Doctr. Introduct. turar. Interpret.) is entirely on this sub-
p. 24. third edit. ject, and written with that view.
c See my First Defence, p. 453. Se-

474 THE USE AND VALUE OF [WATERLAND.
of ordinary discernment may competently judge, without
looking further, whom the Fathers belong to, as Solomon,
by like direction, knew whose was the child.
Enough hath been said to show that it is no such very
difficult matter, as some would represent, to judge between
the claimants, or to distinguish the rightful possessor from
the false challenger. I believe it is, at least, as easy, gene
rally speaking, as it to judge in a critical way upon texts ;
for that is what the plainest texts imaginable must at length
be brought to a, if one has a subtle adversary to deal with,
who has learned to play the whole game. Much learning
commonly will be spent on both sides, before the clearest
cause can be brought to a full hearing, and argued quite
through. I need but instance in the rounds which Artemo-
nius has led us, upon John i. 1. mentioned above.
10. There is one objection more, which though sufficiently
obviated already, may yet perhaps deserve to have something
more distinctly said to it in this place. It is pleaded, that
men ought to judge for themselves, to make use of their
own understandings, and to admit no human authorities.
I allow the plea ; but, I presume it is not hereby meant,
that we should receive no human explications of texts ; for
then we must receive none at all. If I interpret Scripture
for myself, my explication is human to me ; or else, how it
should become human to others who may take it of me, I do
not see. No doubt but Socinus's, or Crellius's, or Enjedine's
explications were human, as it is certain that many of them
were false ; and therefore they that talk in the general against
all human explications, seem not to consider what they say,
or they forget themselves to be men.
As to authority, in a strict and proper sense, I do not
know that the Fathers have any over us : they are all dead
men. Therefore we urge not their authority, but their tes
timony, their suffrage, their judgment, as carrying great
force of reason with it ; and reason we should all submit to.b
a Le Clerc very well observes, that about it." — Le Clerc. Causes of Inere-
"to men governed by their passions, and dulity, p. 172.
conceited of their prejudices, the most D Reason is that faculty whereby a
evident things in the world are obscure ; man must judge of everything ; nor can
and that there is no law so clear, but a a man believe anything except he have
wrangler may raise a thousand difficulties some reason for it, whether that reason

WATERLAND.] ECCLESIASTICAL ANTIQUITY.

475

Taking them in here as lights or helps, is doing what is
reasonable, and using our own understanding in the best
manner, and to the best purposes ; it is judging rightly for
ourselves. If it were not so, what prudent man would ad
vise it, or endeavour to persuade others to it ; but, says an
objector, " do not you follow the Fathers ?" Yes, as far as
reason requires, and no farther ; therefore, this is following
our own reason : and he that deserts the Fathers in this
instance, deserts himself and his own reason. Their sen
timents, so ancient, so universal, carry the force of an argu
ment " along with them, and a very strong argument too, all
things considered.11 Therefore the being conducted by those
sentiments, along with Scripture, is the same thing with
being convinced or persuaded by argument ; which is heark
ening to right reason, which is submitting to God, who gave
us reason for our guide, and not to human authority. It is
following the safest and best light which Divine Providence
has graciously afforded us ; for, as a great and good prelate
has observed, " the general tradition of the Church, next to
Scripture, is the best and surest confirmation of this great

be a deduction from the light of nature,
or a branch of Divine revelation in the
oracles of Holy Scripture, or the general
interpretation of genuine antiquity, or
the proposal of our own Church con
sentaneous thereto, or, lastly, the result
of some or all of these ; for he that
will rightly make use of his reason,
must take all that is reasonable into
consideration. And it is admirable to
consider how the same conclusions do
naturally flow from all these several prin
ciples. And what, in the faithful use of
the faculties that God hath given, men
have believed for true, doth excellently
agree with that Revelation that God hath
exhibited in the Scripture ; and the doc
trine of the ancient Church with them
both." — New Sect of Latitude Men, in the
Phcenix, vol. ii. p. 706., written *. d.
1662. a " It is a good argument for us to fol
low such an opinion, because it is made
sacred by the authority of Councils and
ecclesiastical tradition ; and sometimes it
is the best reason we have in a question,
and then it is to be strictly followed.
But there may be also at other times a
reason greater than it, that speaks against

it ; and then the authority must not
carry it. But then the difference is not
between reason and authority, but be
tween this reason and that, which is
greater : for authority is a wei'j good
reason, and is to prevail, unless a stronger
comes and disarms it, and then it must
give place ; so that in this question, by
reason I do not mean a distinct topic,
but a transcendent that runs through all
topics." — Taylor's Liberty of Prophesy
ing, sect. 10. p. 220.
b " Since we know what the Catholic
faith was, and how the Catholic fathers
expounded Scripture, if the words of
Scripture will naturally and easily admit
that sense (much more if they will not
admit any other sense, without great
force and violence), let any man judge
which is most safe and reasonable, to ex
pound Scripture as the Catholic faith
and Catholic fathers expound it, and as
Scripture most easily and naturally ex
pounds itself, or to force new senses and
old heresies upon Scripture, which the
Catholic Church has always rejected and
condemned. " — Sherlock, Present State of
Soc. Controv. p. 80.

476 THE USE AND VALUE OF [WATERLAND.
point now in question between us ; and that which gives us
the greatest and truest light for the right understanding of
the true sense and meaning of Scripture, not only in this,
but in most other important doctrines of the Christian Re
ligion."" What I have said appears sufficient to show that the
taking the ancients in, for the assisting or informing our
judgments in this question, is judging for ourselves in the
most rational way that can be thought on. Nevertheless, I
take the liberty to observe, that those who talk most of men's
using their own understandings, often mean little by it, but
to get the direction of their faith and consciences to them
selves, or to make them change a reasonable veneration of
the ancients, for a blind admiration of some modern pre
ceptors. They very well know that the generality of man
kind, such as read little and think less, will scarce judge for
themselves at all, except it be as to the choice of some leader,
or leaders, whom they may suppose it safest to confide in.
And it is among such as these commonly that new teachers
seek proselytes ; obtruding themselves as guides, and at the
same time assuring them that they need no guides : which,
in effect, is leading them about what way soever they please,
artfully telling them that they go by themselves, when in
truth they only change their leaders. To say all at once,
the true and the whole meaning of the incredible pains which
some persons have taken to set the Fathers aside, has been
generally neither more nor less than this ; to remove as much
of the evidence which stands against them as they can with
any decency attempt to remove. They cannot, they dare not
pretend to throw off Scripture itself, unless they were resolved
to throw up Christianity with it, and to declare openly for
infidelity : but there may be colours invented for throwing
off the Fathers ; and therefore, thus far they can proceed in
opposing the ancient faith, and at the same time save ap
pearances. There lies the whole of this matter, as I con
ceive, generally speaking ; otherwise, it is manifestly against
all sense and reason to make the least question either of the
use or the value of Ecclesiastical antiquity.
a Archbishop Tillotson, vol. i, serm. 44. p. 456. fol. edit.

WATERLAND.] ECCLESIASTICAL ANTIQUITY. 477
The sum of what I have been endeavouring through this
whole chapter is, that Scripture and antiquity, under the con
duct of right reason, are what we ought to abide by, for the
settling points of doctrine. I have not put the case of Scrip
ture and antiquity interfering, or clashing with each other ;
because it is a case which never will appear iu points of im
portance, such as that is which we are now upon. How
ever, as to the general case, we may say, that those two
ought always to go together, and to coincide with each other,
and when they do so, they stand the firmer in their united
strength ; but if ever they clash, or appear to clash, then
undoubtedly there is an error somewhere, like as when two
accountants vary in casting up the main sum. In such a case,
a wise man will not rest satisfied, if the thing be of moment,
till he finds out, if possible, the reason of the difference,
and discovers where the error lies. For, either it must lie
on the Scripture-side (when a man takes that for Scripture
which is not Scripture, or that for true interpretation which
is not true interpretation), or it must lie on the tradition side,
through some misreport made of the ancients, or some mis
take of the ancients themselves. Then the question will be,
which of the two suppositions is most likely to be true in that
instance ; and the resolution at length must turn upon a due
weighing and considering all circumstances, with the rea
sons offered here and there, and then balancing the whole
account.

478 A JUST VINDICATION OF [ABP. BRAMHALL.

X.
A JUST VINDICATION OF THE CHURCH OF
ENGLAND.

[archbishop bramhall.j

That the Britannic Churches were ever exempted from
foreign jurisdiction for the first six hundred years, and
so ought to continue.
Thirdly, supposing that the Reformed Church of England
had separated itself 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 solemn sentence of the Catholic Church, are exempted
from all foreign jurisdiction, and cannot be schismatical in
the lawful vindication of a just privilege so well founded : —
for the clearer manifestation whereof let us consider :
The supre- 1 • First ; that all the twelve Apostles were
macyinthe equal in mission, equal in commission, equal in
whole Col- l l-i i • ii i •
lege of the power, equal in honour, equal in all things, ex-
Aposties. cept priority of order, without which no society
can well subsist.1
So much Bellarmine confesseth, that by these words, " As
Reply to the My Father sent Me, so I send you," our Saviom
Bishop of endowed them with all the fulness of power that
mortal men were capable of.b And therefore no
single Apostle had jurisdiction over the rest (par in parent
non habet potestatem), but the whole College of Apostles,
a Cypr. De Unit. Eccles. Op. pp. 107, on the Pope's Supremacy, Answ. to
108. Concil. Ephes. a.d. 431. in Epist. Suppos. I., especially § 18. ; and Field,
Synod, ad Nestor. Ambros., Lib. de Of the Church, book v. cc. 32. 39.
Incarn. Dom. Sacram. c. 4. § 32. torn. ii. i> Bellarm. De Pontif. Roman, lib. iv.
p. 710. E., et alii. See the evidence of c. 23. Op. torn. i. p. 1045. B.
the Fathers upon the subject in Barrow,

ABP. BRAMHALL.] THE CHURCH OF ENGLAND. 479
to which the supreme managery of ecclesiastical affairs did
belong in common ; whether a new Apostle was to be or
dained * ; or the office of Deaconship was to be erected b ; or fit
persons were to be delegated for the ordering of the Church,
as Peter and John, Judas and Silas c ; or informations of
great moment were to be heard, as against Peter himself4 —
(though Peter out of modesty might condescend, and sub
mit to that to which he was not obliged in duty, yet it had
not become the other Apostles to sit as judges upon their
superior, placed over them by Christ). Or whether the
weightier questions, of the calling of the Gentiles, and cir
cumcision, and the law of Moses, were to be determined e ;
still we find the supremacy in the College.
2. Secondly: that drowsy dream, that the plenitude of
Ecclesiastical power and jurisdiction was given by The other
Christ to St. Peter as to " an ordinary pastor," Apostles had
i i . i /. i • ,- i successors as
to be derived from him to his successors, but to well as St.
the rest of the Apostles as delegates for term of Peter-
life, to die with themselves ; as it is lately and boldly as
serted f, without reason, without authority, either divine or
human, so it is most repugnant to the doctrine of the
Fathers, who make all Bishops to be the vicars and am
bassadors of Christ (not of the Pope), and successors of the
Apostles, indifferently, vicarid ordinationeB, "who make
but * one episcopacy in the world, whereof every bishop hath
an equal share.' " h St. Peter was a pastor, and the pastoral
office is of perpetual necessity in the Church. True ; but so
were all the rest of the Apostles pastors as well as he. And
if we examine the matter more narrowly, cui bono, —
" for whose advantage " this distinction was devised ; it was
not for St. Peter's own advantage, who, setting aside his
principality of order, is confessed to have had but an equal
share of power with his fellow Apostles, but for the Pope's
advantage, and the Roman Court's, whom they desire to in
vest solely with the key of all original jurisdiction.
a Acts, i. s Cypr. Ep. 66. p. 1 67. See Barrow,
b Acts, vi." Answ. to Suppos. II. § 9, &c.
c Acts, viii' and xv. h Episcopatus unus est, cujus a singu-
u Acts, xi. lis in solidum pars tenetur. — Cyfr. de
0 Acts, xv. Unit. Eccles. Op. p. 108.
f Bellarm. De Pontif. Rom, lib. i. u.
11. Op. torn. i. p. 647. B.

480 A JUST VINDICATION OF [ABP. BRAMHALL.
And if we trace on this argument a little further, to search
out how the Bishop of Rome comes to be St.
Bishop of Peter's heir, ex asse, to the exclusion of his
Rome St. elder brother the Bishop of Antioch, they pro
cessor, rather duce no authority, that I have seen, but a blind
than of ill-grounded legend out of a counterfeit Hege-
sippus — of St. Peter's being about to leave
Rome, and Christ's meeting him upon the way, and ad
monishing him to return to Rome where he must be cruci
fied for His name " ; which reason halts on both sides ; the
foundation is apocryphal, and the superstruction is weak and
unjointed without any necessary connection.
3. Thirdly ; it appeareth not to us, that the Apostles in
The hi hest tne'r ^aJs cu(^ either set up any universal mon-
constitution of archy in the Church, or so much dilate the borders
exeee^ednot or bounds of any one man's single jurisdiction, as
national to subject so great a part of the Christian world,
Primates. ag ^ Western Patriarchate, to his obedience.
The highest that they went, if any of those canons which
bear their names be genuine, was to national or provincial
Primates or Patriarchs, — for a Protarch or Primate and a
Patriarch in the language of the ancient Church signified one
and the same thing, — in whose pre-eminence there was more
of order and care, than of single jurisdiction and power.
Read their three-and-thirtieth canon : — " It behoves 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 of them."b This national Primacy or
Protarchate, or Patriarchate, under which the Britannic
Churches flourished for many ages, is the very same which
we contend for.
4. Fourthly ; it is worthy of our inquiry, how in process
How some of time some Primates did obtain a much more
Primates eminent degree of honour, and a larger share in
cnrilr to OS o
more re- the government of the Church, than others.
a Platin. in Vita Seti Petri, p. 6. 1. b Can. Apostol. 33. ap. Labb. Concil.
Col. Agripp. 1626. But' see Biamhall's torn. i. p. 32. See Bingham, bk. ii. c.
Replic. to the Bp. of Chalc. c. v. p. 205. 16. § 1-3.
fol. ed. disc. iii. pt. i.

ABP. BRAMHALL.] THE CHURCH OF ENGLAND. 481
And of this their adventitious grandeur, we find spited in the
,i i r , ¦ r- . ¦ Church than
three principal fountains : first, ancient customs ; others:
secondly, the canons of the Fathers ; and thirdly, the edicts
of Christian princes. First, ancient customs, either by
Upon this ground the first General Council of custom;
Nice settled the authority and privileges of the three Patri
archal Sees of Rome, Alexandria, and Antioch : — " Let
ancient customs prevail."'"1 And these customs commonly
proceeded either from the memory of the Apostles, who had
founded such Churches ; from whence, as from Apostolical
fountains, their neighbours did fetch sound doctrine, and re
ciprocally paid to them due respect; — so Hosius proposed
in the Occidental Council of Sardis in favour of the See of
Rome, " Doth it please you that we should honour the
memory of St. Peter ?"b — or from the more orfromthe
powerful principality of the city, which is alleged grandeur of
by the Council of Chalcedon as a reason of the * e clty '
greatness both of the Sees of Rome and Constantinople, —
" because they were the seats of the emperors."0 Secondly,
the canons of the Fathers, either without cus- or by decrees
torn, or against custom. Thus the Bishop of of Councils;
Jerusalem, an Apostolical See, was raised above the
Bishop of Csesarea, an imperial city, notwithstanding the
contrary custom. d Thus Constantinople, because it was
newly made the seat of the empire, was equalled to an Apo
stolical See, that is, Rome, and preferred before all the rest
by the General Councils of Constantinople and Chalcedon,
notwithstanding the opposition of the Bishop of Rome by
his Legates, who grieved the more to see Thracia, which he
conceived to belong to his own jurisdiction, to be annexed
to a rival See. Lastly, the edicts of sovereign or by edicts of
Princes, who out of favour either to the place of Princes-
their birth or of their residence or of their own foundation,
or for the weal-public and better accommodation of their sub-
* Ta apxtua eSi) KpaTeWu. Concil. cil. torn. iv. p. 770. Concil. Constantin.
Nicam. can. 6. ap. Labb. Concil. torn. ii. a.d. 381. can. 3. ap. Labb. Concil. torn.
p. 32. C. ii- P- 947.
° Concil. Sardic. a.d. 347. can. 3. ap. d Concil. Chalcedon. IV. CEcumen.
Labb. Concil. torn. ii. pp. 628, 629. a.d. 451. act. vii. ap. Labb. Concil. torn.
c Concil. Chalcedon, a. d. 451. can. 28„ iv. pp. 612-617.
Sia Tb fiao-iXevtiv, k. t. A., ap. Labb. Con-
VOL. III. 1 I

482 A JUST VINDICATION OF [ABP. BRAMHALL.
jects, have enlarged or restrained Patriarchates within their
own territories, and raised up new Primates or Patriarchs as
they thought fit. But of this more in my next conclusion. a
5. Fifthly ; notwithstanding the pre-eminence of the five
Many Pri- great Patriarchs of Rome, Constantinople, Alex-
mates subject andria, Antioch, and Jerusalem, and their great
five great power and authority in the Church, especially in
Patriarchs. General Councils ; yet there were many other
Protarchs or Patriarchs, who had no dependence upon them
at all out of Council, nor owed them any obedience, but only
a precedence and honourable respect. Ruffinus, a Priest of
the Roman Church, who lived not long after the Council of
Nice, and one who understood the ancient proper bounds of
the Roman Patriarchate as well as any man, doth limit it to
the Suburbicary Churches, that is, a part of Italy and three
islands, Sicily, Sardinia, and Corsica.b Africa had a Primate
of their own at Carthage ; the rest of Italy at Milan ;
France at Aries or Lyons ; Germany at Vienna ; Britain
was removed far enough out of this account.0
But this appears most clearly in the case between the Pa
triarch of Antioch and the Cyprian Bishops,
The case be- sentenced in the General Council of Ephesus.
Patriarch of The Patriarch of Antioch challenged the ordina-
Antioch and tion 0f faQ Cyprian Bishops, and consequently a
Bishops. Patriarchal jurisdiction over them ; for " all other
rights do follow the right of ordination." They
denied both his right of ordination and jurisdiction. The
difference was heard. The witnesses were examined for
matter of fact. And a sentence was given, not only in fa
vour of the Cyprian Bishops, but of all others which were
in the same condition : among which number were our
Britannic Churches, as shall evidently appear in this ensuing
discourse. But first let us listen to the words of the Coun
cil ; " Since common diseases do need greater remedies, be
cause they bring greater damage ; if it be not the ancient
custom that the Bishops of Antioch ordain in Cyprus, as the
" See c. vi. c Cave, ibid. t. v. § 2. 5, 6-8. Be-
*> Ruffin. Hist. Eccles. lib. i. c. 6. veridge, Cod. Can. Eccl. Prim. lib. ii.
See Cave, Governm. of the Anc. Ch. c. v. Bingh. bk. ix. c. i. § 11.
c. iii-, and v. § 10.

ABP. BRAMHALL.] THE CHURCH OF ENGLAND. 483
Council is sufficiently satisfied," ..." the Cyprian Prelates
shall hold their rights untouched and unviolated, according
to the canons of the holy Fathers and the ancient custom,
ordaining their own Bishops. And let the same be observed
in other Dioceses, and in all Provinces, that no Bishop
occupy another Province, which formerly and from the be
ginning was not under the power of him, or his predeces
sors. If any do occupy another Province, or subject it by
force, let him restore it, that the canons of the Fathers
be not slighted, nor pride creep into the Church under the
pretext of worldly power3, 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 enjoy its rights and customs unviolated, which
it had from the beginning." b These words "from the be
ginning" — e{- dp%r}g dvcobsv^ — =¦ are twice repeated. It
is no marvel if some, addicted to the interest of Rome, have
gone about by sleight of hand, but very unsuccessfully, to
shuffle this canon out of the Acts of the Council. If the
Fathers in that holy and (Ecumenical Council were so tender
and sensible of "pride creeping into the Church" in those
days, 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
Councils ; what would they not have said or done in this
present case of the Bishop of Rome, who challengeth not
only the right of ordaining, but the grace of ordination, and
sovereign 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 (Ecumenical Councils which
his predecessors received and reverenced as the Gospel0, to
depend upon his own confirmation ? d
To apply this home to the question. The General Council
a Mi)8e iv iepovpyias vpoax^^Ti i£ov- d See Beveridge, Annot. ad Synodic.
aias Tiiipos (addend. Koau-iKris) vapetoSv- pp. 58, 59. 106. ; and Leo Allat. De
j/tjtcu. Eccl. Occ. et Or. Consens. lib. i. u. 25.
b Concil. Ephes. a.d. 431. p. ii. act. 7. § 2, 3.
ap. Labb. Concil. torn. iii. p. 802.
c Greg. M. Epist. lib. i. ep. 24. edit.
before Bened., 25. ed. Bened. I 12

484 A JUST VINDICATION OF [ABP. BRAMHALL.
of Ephesus declared, that no Bishop should oc-
the Cyprian cupy any Province, which before that Council,
Bishops ap- anfl " from the beginning," had not been
under the jurisdiction of him or his prede
cessors ; 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 " enjoy 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 Britannic
Churches from the beginning ; no, nor yet before the
general Council of Ephesus ; nor for six hundred years
after Christ ; that is, until they themselves bad disowned
their Patriarchal right ; when Pope Boniface III. who
entered into the Roman See about three years after the
death of Gregory the Great, obtained from Phocas, an
usurping emperor, to be universal Bishop, that is to say, an
usurping monarch over the Church" ; which fell out so soon
after the arrival of Augustin in England, that there wanted
time to have settled the Roman Patriarchate in Britain,
though the Britons had been as willing to receive it, as they
were averse from it ; and if no true General Council since
that time hath ever subjected Britain unto the Roman
Court, then the case is clear, that Rome can pretend no
right over Britain, without their own consents, nor any
further, nor for any longer time, than they are pleased to
oblige themselves ; then the subsequent and violent usurpa
tions of the Roman Bishops cannot render them bonce fidei
possessores. — lawful owners ; but that they are always bound
to quit their encroachments, and the Britannic Churches and
those who derive by succession from them are always free to
vindicate and reassume their ancient rights and privileges.
In this controversy, by law, the burden of the proof ought
The proof in to rest upon them who affirm a right, and chal-
ou1Sht"toerest ^enSe a jurisdiction ; not upon us who deny it.
upon our ad- Men are not put to prove negatives. Let them
versaries. produce their registers, and show for the first
six hundred years what Ecclesiastical courts the Roman
* a.d. 60S. See Paul. Diac. De Gest. Langobavd. lib. iv. c. 11. Augus
tine came to England in 597.

ABP. BRAMHALL.] THE CHURCH OF ENGLAND. 485
Bishops or their Legates have held in Britain, what causes
they have removed from thence to Rome upon appeals, what
sentences given in Britain they have repealed there, what
British subjects they have excommunicated, or summoned
to appear at Rome ; let them show what Bishoprics they
have conferred in Britain in those days, what British Bishops
did then entitle themselves to their Bishoprics " by the grace
of God, and of the Apostolic 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, re
paired to Rome to be ordained, or have received licences or
dispensations thence for their ordination at home, or else
where ; for ordinationis jus ccetero jura sequuntur — he
who is necessarily by law obliged to have recourse to
a foreign Prelate for his ordination is thereby implied to be
inferior or subject to his ordainer. If they can say nothing
to any of these points, they may disclaim their Patriarchal
right in Britain, 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 : Wh York is
First, because I find their names subscribed in set before
that order in the Council of Aries, held in the
year 314, consisting, as some say, of two hundred, as others
say, of six hundred, Bishops, convocated by Constantine the
Great, before the first Council of Nice, to hear and deter
mine the appeal of the Donatists from the sentence of the
imperial delegates, whereof Melchiades, the Bishop of Rome,
was onea. It were a strange sight in these days to see
a Pope turn legate, to the emperors in a cause of Eccle
siastical cognizance. Secondly, for the same reason that
Rome and Constantinople in those days of the Roman puis
sance were dignified above all other Churches, because they
were then the seats of the emperors. York was then an
imperial city, the metropolis of the chief Britannic province,
called at that time Maxima Csesariensis ; where Severus the
Emperor died, and had his funeral pile upon Severs Hill, a
place adjoining to that city; where Constantine the Great
was born, in domo Regali vocatd Pertenna — " in the
0 Act. Concil. Arelatens. ap. Labb. De Pvimord. Eccles. Brit. c. v. pp. 97,
Concil. torn. i. p. 1430. See Ussher, 98.
i 13

486 A JUST VINDICATION OF [ABP. BRAMHALL.
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 British pronounce p for b, and t like d), situate near
Christ's-Church in Curia Regis, or in the King's Court,
on the one hand, and extending itself near to St. Helen's
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 suffi
cient vindication of us ; yet for further manifestation of the
truth, let us consider : —
1. First, that if we compare the ages and originals of the
„,, „ . . Roman and Britannic Churches, we shall find,
The Britannic , . t-» ¦ i • l l i
Church an- that the Britannic is the more ancient ana elder
cienter than sister to the Roman itself ; the Britannic Church
being planted by Joseph of Arimathea in the
reign of Tiberius Caesar ", whereas it is confessed that St.
Peter came not to Rome, to lay the foundation of that
Church, until the second year of Claudius, — secundo Claudii
anno in Italiam venit: " b so if we look to the beginning,
according to the direction of the Council of Ephesus, the
Britannic Church in its first original was free from the
jurisdiction of the Bishop and Court of Rome, where there
was neither Bishop nor Court nor Ecclesiastical jurisdiction
at that day.
2. Secondly, that it continued free in ensuing ages ap-
The Britannic pears evidently by that opposition, which the
9h<\rcll.esj Church of Britain maintained against the Church
Eastern of Rome, siding with the Eastern Churches
against the about the question of those times concerning
the observation of Easter and administration of
Baptism, wherein Augustin about the six hundredth year la
boured to conform them, but in vain. Is it credible that
the whole British and Scottish Church should so unanimously
have dissented from Rome for many hundred years together,
if they had been subject to the jurisdiction of the Roman
Bishop, as of their lawful Patriarch ; or that the Bishop of
a Gild. De Excid. et Conquestu b Platin. in Vita Sancti Petri, p. 4. 1.
Britann. c. 6. ed. Josselin. 1568. Baron. Annal. in ann. 44. num. 60.

ABP. BRAMHALL.] THE CHURCH OF ENGLAND. 487
Rome in all that time should never so much as question them
for it, if they had been his subjects ? even then when Pope
Victor durst attempt to deny or withdraw his communion
from all the Asiatic Churches about the same business.
Neither were the British Churches at last conformed to
Rome by any patriarchal power, but by many conferences,
by the necessity of their civil affairs, and by long tract of
time, some sooner, some later : — a long tract of time in
deed, when some in the most septentrional parts of those
provinces were not reduced until a little before the late
Reformation. 3. Thirdly, among the principal privileges of Patriarchal
power is the right of ordination ; — that all
Metropolitans at least should either be ordained Bishops or-
bv the Patriarch, or by licence from the Patriarch. dained at
•J llUllH'
This appears clearly in the dispute between
the Patriarch of Antioch and the Cyprian Bishops. But
where the Bishops were auToxs<pa7^oi and auTovoixoi*- —
independent upon, not subject unto, any foreign Prelate,
there, they ordained at their own pleasures, and needed no
licence. Such were our British Primates, not ordained
always ordinarily at Rome, but, according to the Cyprian
privileges, creating new Bishoprics, 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 sickness for a long
time, that at his return he consecrated and ordained Bishops
as he thought fit : that he " made one Hismael Bishop of
St. David's," 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." b And
if there were no other proof of our exemption, but only the
small number of the Bishops that were ordained by all the
succeeding Popes for about the first three hundred years
until the death of Marcellinus0 ; it were sufficient to show,
that the Bishops of Rome in those days had little or nothing
a Bingham, bk. ii. c. 18. § 2. " a.d. 304.
" Regest. Landav., ap. Ussher. De
Primord. Eccl. Brit. c. xiv. p. 559, 560. I I 4

488 A JUST VINDICATION OF [ABP. BRAMHALL.
to do out of their own Province, and that their jurisdiction
extended nothing near so far as Britain. St. Peter ordained
but three in his supposed five and twenty years, that is,
Linus and Cletus (" ut sacerdotale Ministerium Romano
populo et advenis bene sentientibus exhiberent" a) and
Clement, to whom he bequeathed his Episcopal chair : Linus
but eleven, Clement but fifteen, Anacletus but six, Euaristus
but five, Alexander but five, Sixtus but fourb, &c. These
were few enough for their own province, and none to spare
for Britain. In the whole term of three hundred years there
were few above two hundred Bishops ordained at 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
days. The writings of Tertullian, and Saint Cyprian, and
the Councils held within the time limited, do evince the con
trary. No, the first badge of their Patriarchal authority in
Britain was sending of the pall (or the only badge during the
times of the Britons and Saxons) ; and the first pall that
came into Britain was after six hundred years.
4. But this cloth yet appear much more clearly from
the answer of Dionothus, the reverend and learned Abbot
The answer of Bangor (which according to the manner
of Dionothus. 0f those times was a university or seminary of
learning and piety among the Britons, and he the well-
deserving rector of it), made in his own name and in the
name of the Britons, when they pressed him to submit to
the Roman Bishop as his Patriarch ; — that " 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 only the reciprocal duty of
" love," that was just the same that Rome did owe to them :
thirdly, that " under God," that is, immediately, without
any foreign Prelate or Patriarch intervening, " they were to
a Platin. in Vita S. Petri, p. 6. 1. c Spelm. Concil. ann. 601. torn. i. pp.
b Platin. in the lives of those Popes. 108, 109.

ABP. BRAMHALL.] THE CHURCH OF ENGLAND. 489
be governed by the Bishop of Caerleon," as their only
Primate and Patriarch ; which privilege continued to the suc
ceeding Bishops of that See for many ages afterwards, saving
that the Archiepiscopal Chair was removed from Caerleon
to St. David's in the reign of King Arthur : and, lastly,
observe this time when the 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, that Dionothus
was but one man, and that the body of the British Confirmed b
clergy might be of another mind, that which two British
follows strikes the question dead : that Augustin, yn0 s'
St. Gregory's legate, proposing' three things to the Britons ;
first, that they should submit to the Roman Bishop ; se
condly, that they should conform to the customs of the Roman
Province about the observation of Easter and the administra
tion of Baptism ; and, lastly, that they should join with him
in preaching to the Saxons ; all the British clergy assembled
themselves together, Bishops and Priests, in two several
Synods one after another, to deliberate hereupon, and after ma
ture consideration they rejected all his propositions synodically,
and refused flatly and unanimously to have anything to de
with him upon those terms a : insomuch as St. Augustin was
necessitated to return over the seas to obtain his own conse
cration, and, after bis return, to consecrate the Saxon Bishops
alone without the assistance of any other Bishops.b They
refused indeed to their own cost ; twelve hundred innocent
monks of Bangor shortly after lost their lives for itc ; " Rome
was ever builded in blood ; " howsoever these words —
quamvis Augustino prius mortuo — -have since been forged
and inserted into Venerable Bede, to palliate the matter,
which are wanting in the Saxon copy.d The concurring tes
timonies of all our historiographers witnessing the absolute
and unanimous refusal of the Britons to submit to Rome,
and the matter of fact itself, do confirm this for an undoubted
" Spelm. Concil. ann. 601. torn. i. pp. p. 88., from Bede, Hist. Eccles. lib. i.
104-106. Galfred. Monum. De Orig. c. 28. See also the beginning of the
et Gestis Britann. lib. viii. c. 4. Beda, same chapter, and c. 29.
Hist. Eccles. lib. ii. c. 2., et omnes alii. ° Bed. Hist. Eccles. lib. ii. c. 2.
b Respons. Gregor. ad Octav. QuEest. " Antiq. Brit. Eccles. p. 48. Wbe-
Augustini, ap. Spelm. Concil. torn. i. loc's Bede, p. 1 14.

490 A JUST VINDICATION, ETC. [ABP. BRAMHALL.
truth beyond all exception. So clear a truth it is, that the
British Churches for the first three hundred years neither
owed nor paid any subjection to Rome. Whence might well
proceed that answer of Eleutherius to King Lucius (if that
epistle be not counterfeit), when he desired him to send over
a copy of the Roman laws, " that he should choose a law"
ecclesiastical " out of Holy Writ by the Council of his king
dom," that is, principally of his Bishops; "for," saith he,
"you are the Vicar of Christ in your kingdom:"3 — the
same in effect which is contained in the laws of Edward the
Confessor. Hence it is that both our histories and our laws
do style our Archbishops " Primates," which in the language
of the primitive times signifies as much as Patriarchs, and
sometimes call them expressly by the very name of Patriarchs
itself.6 Hence Urban II. entertained and welcomed Anselm,
our Archbishop of Canterbury, into the Council
of Barre, tanquam alter ius orbis Papam — "as
the Pope of another world,"0 or, as others relate the pas
sage, as " the Apostle of another world, and a Patriarch
worthy to be reverenced." d

a Epist. Domini Eleutherii Lucio, <= Malmesb. De Gest. Pontif. Anglor.
Reg. Britann., ap. Lambard. De Priscis lib. i. in Vit. Anselm. Gervas. Dorobern.
Anglor. Legibus, p. 142. p. 1327. ap. Twysden, Histor. Anglic.
b Malmesb. De Gest. Pontif. Anglor. Scriptor. Decern.
Prolog, ad lib. i. Gloss. Juris, p. i. d Eadmer. in Vita Anselmi, lib. ii.
Distinct, xxi. c. Cleros scil. c. 1. See p. 20. E., in fin. Op, Anselm. ed.
Twysden's Histor. Vmdic. c. 3. p. 18. Bened.

SIR R. TWYSDEN.] INCREASE OF PAPAL POWER. 491

XI.
INCREASE OF THE PAPAL POWER IN ENGLAND.
[sib eogee twysden.]

Of the Increase of the Papal Power in England under the
Saxons and Normans, and what oppositions it met with.
After the planting of Christian Religion amongst the
Saxons, the Archbishop of Canterbury became a person so
eminent, all England was reputed his Diocese"; in the Col
lege of Bishops, London his Deanb, whose office it was to
summon Councils0; Winchester his chancellor; Salisbury or
(as some) Winchester his precentord, or that begun the service
by singing; Worcester6, or rather Rochester his chaplain,
and the other the carrier of his cross : expected no less
obedience from Yorkf than himself yielded to Rome8,
voluntate et beneficio, it being the opinion of the Church of
England, it was but equal ut ab eo loco mutuentur vivendi
disciplinam, a cujus fomite rapuerunt credendi fiammam.h
The dependence therefore of the Clergy in England being
thus wholly upon the Archbishop, it will not be amiss to
take a little view both of what esteem he was in the Church,
and how it came to be taken off, and by degrees transferred
to a foreign power.
a Eadmer. p. 12, 29. 137. 1. Gerv. 1382, 61. 1429, 23. Rof. at 1565. 1.
Dorob. col. 1661, 54. Wigor.
D Lyndwood de Pcenis. cap. Tanquam. f Malms, f. 121. a. et Diceto, col.
c Gerv. Dorob. col. 1566, 10. 437,64.
a Sic Lynd. ubi sup r. at Gerv. Dorob. s Rodulph. Arch. Ep. inter script, x.
col. 1382,61. 1429,23. Anglise, &c. col. 1736, 17.
0 Sic Lynd. at Gerv. Dorob. col. h Malms, fol. 121. a. 8.

492 INCREASE OF THE [SIR R. TWYSDEN.
Upon the conversion of the Saxons here by the preach
ing of Augustin and his companions, and a quiet peace
settled under Theodore1, to whom all the English sub
mitted, Parochial Churches by his encouragement began to
be erected b, and the Bishop of Rome greatly reverenced in
this nation, as being the successor of St. Peter, the first
Bishop of the world, Patriarch of the West, that resided in
a town held to nourish the best clerks in Christendom0,
and the seat of the empire : insomuch, as the devout Briton
(who seems, as I said, to have received his first conversion
from Asia) did go to Judea as a place of greatest sanctity d,
so amongst the Saxons e, Romani adire magnce virfutis cesti-
mabatur. But as this was of their part, no other than as
to a great doctor or prelate, by whose solicitude they under-
Stood the way to Heaven, and to a place in which religion
and piety did most flourish ; so the instructions thence were
not as coming from one who had dominion over their faith,
the one side not at all giving, nor the other assuming other
than that respect is fit to be rendered from a puisne or less
skilful to more ancient and learned teachers. As of late
times, when certain divines at Frankfort, 1554, differed about
the Common Prayer used in England, Knox and Whitting-
ham appealed to Calvin for his opinion ; and receiving his
two hundredth Epistle, it so wrought in the hearts of many,
that they were not so stout to maintain all the parts of the
Book, as they were then against it. f And Dr. Cox and some
other, who stood for the use of the said Book, wrote unto
him, excusing themselves that they put order in their Church
without his counsel asked. s Which honour they showed
him, not as esteeming him to have any authority of office
over them h ; but in respect of his learning and merits.
As these, therefore, carried much honour, and yielded
great obedience to Calvin and the Church of Geneva, by

a Beda, lib. iv. c. 2. chii de Commigrat. Bethlehem, inter opera
b Lib. MS. in aula Trinitatis Canta- Hieronymi scrip, circa ann. 386.
brig. ° Lib. iv. e. 23. Beda.
c Hall, 20 Hen. 8. fol. 179. f Troubles at Frankfort, p. 36. edit.
d Divisus ab orbe nostro Britannus, si 1575.
in religione processerit, rmasrit locum s Ibid. p. 51.
fama sibi tantum et scripturarum rela- " Ibid. p. 147.
tione cognitum. — Ep. Paula: et Eusto-

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 493
them then held the purest reformed Church in Christen
dom a : so it cannot be denied but our ancestors, the Saxons,
attributed no less to the Pope and Church of Rome, who yet
never invaded the rights of this, as contrary to the council
of Ephesus b, and the Canons of the Church of England ° ;
but left the government of it to the English prelates, yet
giving his best advice and assistance for increasing devotion,
and maintenance of the laws ecclesiastical amongst them, in
which each side placed the superiority. From whence it
proceeded that however the Pope was sought to from hence,
he rarely sent hither any legate. In the council of Calcuithd
held about 180 years after Augustin, it is observed, a tem
pore Sancti Augustini Pontificis sacerdos Romanus nullus
in Britanniam missus est, nisi nos. And Eadmerus e, that
it was inauditum in Britannid, quemlibet hominum super
se vices Apostolicas gerere, nisi solum Archiepiscopum
Cantuarice. But after the Pope, instead of being subject f, began to
be esteemed above the ecclesiastical Canons, and to pretend
a power of altering and dispensing with them, and what
passed by his advice and counsel only was said to be by his
authority, he did question divers particulars which had been
formerly undoubtedly practised in this kingdom, he seeing
them, and not showing any dislike at it ; as the receiving
investitures of Churches from Princes s, the calling Synods h,
the determining causes ecclesiastical without appeals to Rome,
the transferring Bishops, &c. ; but the removing these from
England unto a foreign judicature, being as well in diminution
of the rights of the Crown, as of this Church, passed not with
out opposition.
For Anselm, an Italian, the first great promoter of
the Papal authority with us, pretending he ought not to be
barred of visiting the vicar of St. Peter ', causd regiminis
Ecclesice, was told as well by the Bishops as lay lords, that
a Troubles at Frankfort, p. 49. f Caus. 2. q. 1. cap. 7, 15., q. 2. cap. 2,
* Cone, gener. edit. Roma;, 1608. 3, 4., &c.
torn. i. p. 498. A. s Ingulph, fol. 500. 43.
0 Beda lib. iv. c. 5. h Vide literas Paschal. 2 Hen. 1.
a Cone! Spelm. ann. 787. p. 293. apud Eadmerum, p. 113. 115.
e p ^g 43_ ' Eadmer. p. 38, 33.

494 INCREASE OF THE [SIR R. TWYSDEN.
it was a thing unheard a, and altogether against the use of
the realm, for any of the great men, especially himself, to
presume any such thing without the King's licence : whe
affirmed, nequaquam fidem quam sibi debebat simul et
Apostolicce sedis obedientiam contra suam voluntatem posse
servare? And the Archbishop persisting in his journey
thither, had not only his Bishopric seized into the King's
hand, but the Pope being shown how his carriage was re
sented here, did not afford him either Consilium or Auxi-
liumc, but suffered him to live an exile all that Prince's
time without any considerable support4, or adjudging the
cause in his favour.6 Which makes it the more strange that
(having found by experience what he had heard before, that
it was the King, not the Pope, could help or hurt him) this
visit being so little to his advantage, at his first presenting
himself to Henry I., he should oppose that Prince in doing
him homage, and being invested by him, a right continued
unto that time from his ancestors, and by which himself had
received the Archbishopric from his brother f, and this on a
suggestion that it was prohibited in a council held at Rome :
in which he went so far as to tell the King, quod nee pro
redemptione capitis mei consentiam ei de iis quce prcesens
audivi in Romano Concilio prohiberi, nisi ab eddem sede
interdictorum absolutionis prodeat, a qua constitutionis ip-
sorum vinculum prodiit?
This is the first, if not the only time that to what was
acted at Rome an obedience was required here, as not to be
dispensed with but from thence : for it is undoubted, this
kingdom never held itself tied by any thing passed there, till
received here ; as Eadmerus h rightly observes, things done
there not ratified here to be of no value. And when Win-
chelsea', 1296, would have introduced the contrary, it cost
him dear, the Clergy forced to reject the command1', and the
Court to quit her pretences.
But the dispute, however the right stood, grew so high,
a Eadmer. p. 39, 30. e Ibid. p. 70, 9.
b Ibid. p. 26, 1. h Ibid. p. 92, 40. vide Cone. Spelm.
c Ibid. p. 52, 17. p. 166,9.
d Nil judicii vel subventionis per Ro- ' Hen. Knighton, 1296. col. 2491.
manum prassulem nacti. Ibid. p. 53, 28. Vid. Mat. West, et W. Thorne.
" Ibid. p. 56, 7. l De Immunitate Eccles. c. 3. in
1 Ibid. p. 18, 4. 20, 35. Sexto; et Tit. eodem, u. 1. in Clement.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 495
the King told Anselm the Pope had not to meddle with
his rights *, and wrote that free letter we find in Jor-
valensis, col. 999) 30, which I have likewise seen in an
old hand recorded amongst divers other memorials of
the Archbishops of Canterbury : though I must needs say
it seems to me by Paschalis's answer b, repeating a good
part of it, not sent by those he names, but former messen
gers.0 In this controversy the Pope's returns were so ambi
guous, that he wrote so differing from their relations that were
sent, it was thought fit Anselm should himself go to Rome,
with whom King Henry sent another, who spake plainly'1,
his Master nee pro amissione regni sui passurum se perdere
investituras Ecclesiarum ; and (though Rome were willing
to comply in other particulars) told Anselm denying that he
could not assure him a welcome in England6, who there
upon retired to Lyons ; where finding slender comfort from
Romef, he sought the King by letters, and after by the
means of Henry's sister made his peace g ; at which yet he
was not permitted (such was his spirit) to enter England, de
nying to communicate with them who had received Bishoprics
from the King, but by the Pope's dispensation. The con
clusion was, Paschalis taught by experience, neither the
Court of Rome nor the Archbishop gained aught by this
contest ; however, he would not at first abate prcedecessoris
sui sententice rigor em?, yet now admitted great limitations
to what Urban had established. So as the King assenting
none for the future should be invested per laicam manum1
(which was no more, but what he formerly did himself, he
would now cause to be performed by a Bishop), the other
agreed no Prelates to be barred of promotion, etiamsi ho-
minia Regi fecerint, et hoc donee per omnipotentis Domini
gratiam ad hoc omittendum cor regium molliatur, §c?,
which yet the King soon after, on the Pope's permission of
them to the Dutch, did threaten sine dubio se resumpturum
suas investituras, quia ille suas tenet in pace l ; but for
a Eadmer. p. 70, 5. g Ibid. p. 80, 27.
" Apud Eadmer. p. 59, 48. h Ibid. p. 63, 3.
c Ibid. p. 56, 22. ' Ibid. p. 91, 21.
d Ibid. p. 73, 13. k Ibid. p. 87, 35.
• P. 75, 27. ib. ' Ibid. p. 100, 1.
' Ibid. p. 79, 24.

496 INCREASE OF THE [SIR. R. TWYSDEN.
aught I find, it went no further than their swearing fealty to
the King, which seems to have been long continued.3
The Papacy finding by this contest the difficulty of
carrying any thing here by a high hand, thought of more
moderate ways for bringing the clergy of this nation wholly
to depend on Rome, but that could not be without diminishing
the power the Archbishop held over them, and therefore must
be won by degrees : to advance which, nothing could more
conduce than to have a person of wisdom reside here, who
might direct this Church according to the Papal interest.
But this was thought fit to be given out before practised,
and likely to be doubly opposed, for the Archbishop well un
derstood the admitting a Legate for that end to be in sues.
dignitatis pra judicium ? And the King suffered none to be
taken for Pope, but whom he approved, nor any to receive
so much as a letter from Rome, without acquainting him with
it, and held it an undoubted right of the Crown ut neminem
aliquondo legati officio in Anglid fungi permitteret, si non
ipse, aliqua prcecipua querela exigent e, et quceab Archiepis-
copo Cantuariorum cceterisque Episcopis regni terminari
non posset, hoc fieri d Papa postularet, tyc?
Things standing thus in the year 1100, the Arch
bishop of Vienna coming into England, reported himself to
have the Legatine power of all Britain committed unto himd ;
which was with so much admiration of the nation (as a thing
that had not been heard of before) that (if he had any)
at least he thought not fit to make use of his commission,
but departed a nemine pro legato susceptus, nee in aliquo
Legati officio functus.
Fourteen years after, Paschalis II., by letters of the
30th of March, and 1st of April, expostulates with the
King about several particulars ;e of which one is, his ad
mitting neither messenger nor letter to be received, but by
his leave : but see the words : Sedis Apostolicce nuncii vel
a Ger. Dorob. ann. 1187. col. 1503, fidelitatem D. Regi super crucem ipsiua
36. R. de Glanvilla Abbati de Bello, &c. legati.
Fracipio tibi ex parte Domini Regis, per » Mat. Paris, p. 440, 17. ann. 1237.
fidem quam ei debes, et per sacramen- Lond. 1640.
tum quod ei fecisti, &c. W. Thorn, ann. " Eadmer. pp. 125, 53. 6, 25. 113, 1.
1220. col. 1873,56. Hugo III. Abbas a Ibid. p. 58, 41.
S. Augustini gratanter admissus juravit " Ibid. pp. 113. 116.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 497
Uteres prceter jussuni Regies majestotis nullam in potestate
tud susceptionem aut aditum promerentur, nullus inde cla
mor, nullum inde judicium ad Sedem Apostolicam destin-
antur, fyc. ; and the year following addressed Anselm
(nephew to the late Archbishop, and after Abbot of St. Ed-
mundsbury) hither3, showing, by letters, he had committed
unto his administration vices Apostolicas in Angliu. This
made known here (though the bearer were not permitted to
enter the kingdom), the clergy and nobility gathered in
Council at London, concluded the Archbishop should go to
the King in Normandy, make known unto him the ancient
custom of the realm, and by his advice to Rome (as being the
person who was most interested in it) uthcec nova annihilaret,
from whence he obtained the letter, or rather declaration to
the King and clergy, the same author hath recorded. b So
by this care the matter was again stopped.
The King, 1119, sent his Bishops to a Council held by
Calixtus II. at Rheims0, and at their departing gave them
these instructions : not to complain of each other, because
himself would right each of them at home ; that he paid
that rent his predecessors had formerly done, and enjoyed
likewise those privileges which had been formerly permitted
them ; that they should salute the Pope from him, hear his
precepts, but bring no superfluities into his kingdom. But
see the words : Rex Anglorum Prcelatis regni sui ad Syno-
dum ire permisit, sed omnino ne alicujus modi querimo-
niam alterutrum facerent, prohibuit. Dixit, omni ple-
nariam rectitudinem conquer enti faciam in terra mea :
redditus ab anterioribus constitutos Romance Ecclesice sin
gulis annis errogo, et privilegia nihilominus ab antiquis
temporibus pari modo mihi concessa teneo. Ite, dominum
Papam de parte mea salutate, et Apostolicd tantum prce
cepto humiliter audite, sed superfiuas adinventiones regno
meo inferre nolite, &;c. Certainly this prince did hold, the
Pope with the advice of a Council might labour to introduce
superfluous inventions, which the English were not tied to
receive, the disputes of his Bishops be by him ended at home
without carrying their complaints beyond seas, according to
a Eadmer. p. 1 1 8, 28. c Ordericus Vitalis, p. 857. d. p.
» P. 120. 858. a.
VOL. III. K K

498 INCREASE OF THE [SIR R. TWYSDEN;
the Assize of Clarendon a ; the King in nothing obliged to
Rome, but in the payment of Peter pence, as his father had
before expressed himself.b
In November following the Pope and King had a meet
ing at Gisors in Normandy0, where Calixtus confirmed unto
him the usages his father had practised in England and
Normandy, and in especial that of sending no Legate hither,
but on the prince's desire. Yet notwithstanding the same
Pope not fully two years after addressed another Legate to
these parts d : but die by the King's wisdom was so diverted,
ut qui Legati officio fungi in totd Britannia venerat, im-
munis ab omni officio tali vid qua venerat extra Angliam a
Rege missus est, fyc.
But here by the way the reader may take notice, these
words, collata", impetrata1, concessa, permissa, used by
our best authors in speaking of the rights of the Crown
in points of this nature, do not import as if it had only a
delegatory power from the Pope by some grant of his, as
is fancied by those who would have it sog ; for we read of
no such concessions from him, unless that of Nicholas II. of
which in the next : but that they were continually exercised,
the Pope seeing, and either approving, or at least making no
such show of his disliking them, as barred their practice,
which by comparing the said authors is plain. Eadmerus
(pp. 125. 53, 54.) speaks as if these customs were concessa,
fungi permissa from Rome ; which (pp. 118. 33. 40.) he
calls antiqua Anglics consuetudo, libertas regni, fyc. So
(pp. 116. 22.) he terms them privilegia patri et fratri suo
sibique a Romano Ecclesia jam olim collata, 8$c, about
which yet it is manifest, even by himh, the Court of Rome
was ever in contest with our Kings about them, who main
tained them as their royalties against it, and challenged by
Henry I. by no other title than dignitates, usus, et consue-
tudines, quas Pater ejus in regno habuit1, &fc, which the
Pope calls honores quos ontecessorum nostrorum tempore
a Cap. 8. 6 Answer to Sir Ed. Cook, de jure
b Baron, torn. xi. ann. 1079. n. 25. et Regis Ecclesiast. c. 9. n. 8. p. 200.
Lanfranci Epist. vii. h Eadmer. p. 6, 23. et 1. 2. per totum,
c Eadmer. p. 125, 51. p. 113, 1. &c. p. 1 15.
" Ibid. p. 137,46. 138,21. ' Hen. I. Ep. apud Jorval. col. 999.
c Ibid, p. 116, 23. 46,49.
f Ibid. p. 125,21.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 499
pater tuus habuerat*, and affirms to he grata in superficie,
— inter ius requisita et Legati vocibus exposita, gravia et
vehementissima paruerunt .• so far have Popes been from
conferring the least unto them.b
It is true, things done by princes as of their own right,
Popes finding not means to stop, would in former ages, as
later, by privilege continue unto them.0 " Nicholaus Papa
hoc Domino meo privilegium, quod ex paterno jure sus-
ceperat prcebuit," said the emperor's advocate.4 And the
same Pope, finding our kings to express one part of their
office to be regere populum Domini, et Ecclesiam ejus,
wrote to Edward the Confessor, Vobis et posteris vestris
regibus Angliee committimus advocationem ejusdem loci, et
omnium totius Anglies Ecclesiarum, et vice nostra cum
Concilio Episcoporum et Abbatum constituatis ubique quce
justa sunt. As, a few years since, the Republic of Venice,
not assenting to send their patriarch to an examination at
Rome e, according to a decree of Clement VIII., Paulus
Quintus declared that in posterum Venetiarum antistites
dementis decreto eximerentur : so that now that state doth
by an exemption what they did before as sovereign princes.
Besides, kings did many times, as grants, ask those things
of the Pope they well understood themselves to have power
of doing without him. Henry V. demanded of Martin V-
five particulars f : to which his ambassadors, finding him not
so ready to assent, told him, Se in mandatis habere, ut coram
eo profiteantur, Regem in iis singulis jure suo usurum, ut
pote quce non necessitatis, sed honoris causa petat, et ut
publicam de ed re coram universo Cardinalium ccetu pro-
testationem interponant. And to the same purpose there
are sundry examples yet remaining on record, where the
king, on the petition of the Commons for redress of some
things (of ecclesiastic cognizance) amiss, first chooses to write
to the Pope8; but on his delay, or failing to give satisfaction,
a Eadmer. p. 59, 50. f Narrantur ha;c p. 56, 57. in Vita
0 Vide cap. 3. n. 19. Henrici Chichley ab Arthuro Duck,
c Vide cap. 5. n. 4. edit. 1617.
* Baron. II. ann. 1059. n. 23. s Rot. Pari. 17 Ed. 3. n. 59. in fine
s Maurocen. Hist. Ven. ann. 1601. 25 Ed. 3. Oct. purif. n. 13. 7 H. 4. n.
p. 629. c. ami. 1609. p. 687. b. Card. 114. 3 H. 6. n. 38. See cap. 4. n. 20.
Ossat. Epist. Romas 17. Sept. 1601.
kk2

500 INCREASE OF THE [SIR R. TWYSDEN.
doth either himself by statute redress the inconvenience, or
command the Archbishop to see it done.
But here, before I proceed any further, because it can
not be denied, in former times, there was often intercourse
between the Churches of England and Rome, and such as were
sent from thence hither are by some styled nuncii, by others
legati ; I think it not amiss to consider what the cause was,
one side so much opposed the sending a Legate, and the other
so laboured to gain it.
After the erection of Canterbury into an archbishopric,
the Bishops of that see were held quasi alterius orbis Papce,
as Urban II. styled them a, and did only exercise vices Apos-
tolicas in Anglid b ; that is, used the same power within this
island the Pope did in other parts ; the one claiming °, be
cause Europe had been converted by disciples sent from
Rome ; the other that he had sent preachers through Eng
land.4 And is therefore called frequently in our writers,
Princeps Episcoporum Anglice 6, Pontifex summus f, Patri-
archa e, Primas h, and his seat Cathedra Patriarchatus
Anglorum ' ; and this not in civility only, but they were as
well sic habiti as nominati? It is true, the correspondency
between it and the Roman was so great, they were rather
held one than two Churches : yet, if any question did arise,
the determination was in a council or convocation here ; as
the deposing Stygand ', the settling the precedency between
Canterbury and York m, the instructions I mentioned of
Henry I. to his bishops n, the right of the kingdom that
none should be drawn out of it auctoritate Apostolicd", do
enough assure us, if recourse were had to Rome, it was
only ut majori Concilio decidatur quod terminari non
potuit p, as to the more learned divines, to the elder Church,

a Malms, de Pontif. lib. i. in Anselm. h Eadmer. p. 30, 9.
fol. 127, 15. Gervas. Dorob. col. 1327, ¦ Eadmer. p. 113,47. continuatio Flo-
58. rent. Wigorn. ann. 1136. p. 513.
b Eadmer. p. 58, 44. k Gervas. Dorob. col. 1663, 55.
c Ibid. p. 115, 17. 1 Florent. Wigorn. ann. 1070.
" Diceto, col. 437, 64. m Post, u. 18, 20, 60.
6 Eadmer, p. 27, 34. principi vestro n Supra, n. 11.
Anselmo. ° Vide Mat. Paris, ann. 1246. p. 699,
f Ibid. pp. 107, 33. 113, 47. 10. Vide post.
6 Gervas. Dorob. col. 1663, 55. ¦> Malms, fol. 152 b. 12. sec(. n. 8.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 501
of greatest note in Europe, by whom these were converted,
and therefore more reverenced by this, as that was most
solicitous of their well-doing, and most respected for their
wisdom. All which is manifest by that humble letter, Ke-
nulphus and others of Mercia wrote, about 797> to Leo III.a,
wherein, it plainly appears, he seeks to that See for direction,
because the conversion of the nation first came from thence,
and there resided in it men of sound learning, whom he doth
therefore desire as quibus a Deo merito sapienties clavis
collata est, ut super hdc causa (which was the placing an
Archiepiscopal chair at Lichfield) cum sapientibus vestris
quceratis, et quicquid vobis videatur nobis postea rescribere
dignemini. By which it is clear his inquisition was as unto
persons of profound literature (had the key of knowledge
conferred on them), not as to those who had authority over
this Church.
As for acts of Ecclesiastical authority, what proceeded
not from the King, did from the Archbishop, who was not at
all commanded by any, nullius unquam legati ditioni ad-
dictus b, but preceded them all.0 None did wear a mitre
within his province d, or had the crosier carried, nor laid any
excommunication ; and when he did, the clergy of the
place did teach e, both from the King and Archbishop, not to
value it, on this ground, that in dicecesi Archiepiscopi
Apostolicam non tenere sententiam.
As for Councils, it is certain none from Rome did, till
1125, call any here : if they did come to any, as to Calcuith,
the King, upon the advice of the Archbishop, statuit diem
concilii? So when William I. held one at Winchester, 1070,
for deposing Stygand, though there came to it three sent
from Alexander II., yet it was held jubente et pressente
regee, who was president of it.h The difference touching pre
cedency between the sees of Canterbury and York having
been before the same Pope, and by him sent back for a
- Malms, de Regibus, lib. i. fol. 16. Legatus aliquis mitratus incederet. —
b Gervas. Dorob. col. 1663, 55. Gervas. Dorob. ann. 1186. col. 1485, 63.
e Ibid. col. 1485, 63. ' Ger. Dorob. ann. 1187. col. 1531,
0 Non est ante hsec tempora Archie- 38.
piscopo Cantuariensi talis illata injuria, f Concil. Spelman. p. 293.
ut in Provincia ejusdem Archiepiscopi, * Florent. Wigorn. ann. p. 1070. 434.
imo et in Ecclesia, ut de cruce sileam, h Vita Lanfranci, cap. 7. p. 7. col. 1. d.
K.K 3

502 INCREASE OF THE [SIR R. TWYSDEN.
determination at home, it is observable that, in a council said
therefore to be called ex prcecepto Alexandri Papce annuente
Rege, the Pope's Legate subscribed the sixteenth, after all the
English Bishops : as is truly recorded in the Antiquitat.
Britannicce Ecclesice, p. 95.40a, agreeingwith a very ancient
MS. copy I have seen of the said council ; as Diceto and
others do rank him after the King, Canterbury, and York.b
If any shall ask whether I have met no copies in which he
was placed otherwise, I must confess I have seen some books
wherein he was above the English Bishops, next after the
Queen ; but they were only late transcripts, not of any anti
quity, as in a book of Crouland, written since the beginning
of Henry VII.0
The Pope for many years now past, for being a Spiri
tual Pastor, and Patriarch of the West, hath been treated
with more reverence than any Bishop, and for being a
potent temporal Prince, with more observance than merely
a ghostly Father. A grave writer notes4, Henry I., having
gone through the troubles which were on him with his
brother, and likewise Anselm, subjugatis omnibus inimicis
securus erat, nee aliquem ut primifus formidabat prceter
Papam, et hoc non propter spiritualem, sed temporalem
potestatem. Which as it is recorded of that Prince, so no
question it is true of many others.
By which we may see, when Rome did in former
times Apostolicd authoritate prcecipere, it was to Bishops
(whom he styled his brothers,) no other than such fraternal
commands the elder may and doth ordinarily lay upon the
younger brother, of whom he is solicitous ; such as St. Paul's
were to the Thessalonians6, Philemon', &c. No other than
of late Calvin's were to Knox, who, being chosen by certain
of Frankfort to be preacher unto them, their vocation he
obeyed8, albeit unwillingly, at the commandment of that
notable servant of God, John Calvin, &c. And a little after
the Lords of Scotland sending for him home, did accompany
a Note, you must see these Subscrip- c In Bibliotheca Cotton, fol. 74.
tions in the London edition, 1572, for in ° Mat. Paris, Hist. Minor, ann. 1107.
that of Hanau, 1605, they are for the • 2 Thess. iii. 12.
most (I know not on what warrant) f Philem. 8.
omitted. s Knox, Hist. Church of Scotland, p.
b Diceto, col 485, 24. 93. edit. 1644.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 503
their letters to him with others to Mr. Calvin3, craving of
him, that by his authority he would command the said John
once again to visit them, &c. And truly whosoever will
without partiality seriously consider the whole contexture of
our laws and histories, weighing one circumstance with
another, must conclude the Pope's commanding to have been
volentibus, not nolentibus (as St. Jerome b says those of a
Bishop ought to be ), for if disliked, his precepts were
questioned0, opposed4, those he sent not permitted to meddle
with that they came for e, their prohibitions that others should
not, neglected ; the English having ever esteemed the
Church of Canterbury in Spirituals, that is, quae sunt ordinis,
without any intervening superior, omnium nostrum mater
communis sub sponsi sui Jesu Christi dispositione* ; in other
things, as points of government, the ordering that of right
and custom ever to have belonged to the King assisted
with his Council of Bishops6, and others of the clergy, who
was therefore called Vicarius Christi, Sfc, as I shall show
hereafter more at large. The Church of England holding
that of St. Augustin an undoubted truth11, In hoc Reges,
sicut eis divinitus prcecipitur, Deo serviunt in quantum
Reges sunt, si in suo regno bona jubeant, mala prohibeant,
non solum quce pertinent ad humanam societatem, verum
etiam quce ad divinam religionem : and accordingly our
Kings, so far as any laws or records of their actions are
extant, from Ethelbert by the Saxons to the Conquest, and
from the Normans to these later times, have upon occasion
exercised a power, showing such titles were not in vain
conferred on them. Neither did any decision, though never
so punctually had in Rome, unless the parties agreed, stint
the strife, till the King concurred with it ; as the frequent
determinations on the behalf of Canterbury in point of superi-
a Knox, Hist. Church of Scotland, p. e Si Episcopi tramitem justitia; in
110. Edit. 1644. aliquo transgrederentur, non esse Regis
» Epitaph. Nepotiani ad Heliodorum, (viz. alone), sed canonum judicium, sine
tom_ ; publico et Ecclesiastico Concilio illos
<= Eadmer. p. 92, 40. 125, 29. nulla possessione privari debuisse ; Re-
d Gerv. Dorob. col. 1315,66. 1316,8. gem id non rectitudinis zelo, sed com
et 1318 39.1359,41.59. Wm. Thorn, modi sui compendio fecisse. Malms, fol.
1802, 26. 1848, 28. and these may serve 103. a. 18., reports this saying of a Legate.
in lieu of many others that may be alleged. See n. 24. 
" Gerv. Dorob. col. 1558, 54. h Contra Crescon. Grammat. lib. in.
' Ibid. col. 1663, 24. 1615, 62. cap. 51. torn. vii.
K K 4

504 INCREASE OF THE [SIR R. TWYSDEN.
ority above York, found in Malmsbury and others3, may
teach us, which yet never received a final end, till Edward III.,
under the great seal, set a period to that long controversy.11
But after the Pope began to think (or rather to say) him
self had only plenitudo Ecclesiasticce poiestatis", that no
Council could give laws to himd, but all receive strength
from him, and the Canonists' flattery extended to declare
him supra jura*, et in eo sufficit pro ratione voluntas ; his
missives ran in a higher tone than formerly, and his com
mands, which were at first according to the example of
St. Paulf, joined with exhortations, entreaties, and the like, to
carry Apostolicd auctoritate comprimereB ; and to the
Archbishop demurring in the execution of them, tuum
candelabrum concutiemus, et tantam prcesumptionem cum
gravibus usuris exigemusb ; and1, si mandatum nostrum
neglexeris vel distuleris adimplere, quia justum est ut ei
obedientia subtrahatur qui sedi Apostolicce neglexerit obedire,
venerabilibus fratribus suffraganeis tuis per scripta nostra
mandavimus, ut tibi reverentiam non impendant. Quod
si, Sfc. tibi feceris exhiberi, scias te tunc ab Episcopali
dignitate suspensum, tyc, phrases and manners of writing
denoting much more of authority than was used by Popes
in elder times. By which is manifest, the point in difference
between the Archbishop and the Pope to have been not the
sending a Legate hither, but of one with a power above him,
to command the English clergy, that is, to remove their
dependency from him to Rome, as a superior over him.
To his gaining which these usages of the Archbishops
were great stops, drawing so near an equality, and so
pregnant testimonies of his no-divine right to meddle
here, not easy to be removed, unless some from the Pope
were admitted into the kingdom, that might at least give an
essay to the guiding the English Church after the Papal
interest : but that, how earnestly soever pressed, came to no
0 Malms, de Pont. lib. i. fol. 218. a. ' Lyndwood, de Temp, ordinand. cap.
— fol. 120. b. 2. ad verbum expresse.
b Antiquit. Britan. Ecclesia;, in Si- f Philip, iv. 3.
mone Islep. p. 269, 15. e Wm. Thorn, col. 1801, 53.
c De Auctoritate et Usu Pallii, cap. 4. h Ibid. 1814,34.
a De Electione et Electi Potestate, ' Gervas. Dorobern. ann. 119S. col.
cap. 4. 1602, 64.

SIR R. TWYSDEN.] FAPAL POWER IN ENGLAND. 505
effect till 1125. Johannes Cremensis, a person well under
standing ( as appears by his carriage six years before at
Rheims") the designs of Rome, came to the King in Nor
mandy"; where, after some stay, his journey hither was
permitted ; with what qualifications I find not : but, coming
with letters to Canterbury at Easter, performed the office
of the day in a more eminent chair as an Archbishop, for so
I English loco sum/mi Pontificis, according to the phrase
of those times0, and, though a Cardinal Priest, used insigniis
Pontificalibus, the habit of a Bishop : which being an un
usual novelty4, passed not without scandal. But in a Council
which he held and presided in at London, the kingdom took
more offence : I shall deliver it in my author's own words :
Totam Angliam in non modicam commovit indignationem :
videres enim rem edtenus regno Anglorum inauditam,
Clericum sdlicet Presbyterii tantum gradu perfunctum,
Archiepiscopis, Episcopis, Abbatibus, totiusque regni nobili-
bus qui confiuxerant, in sublimi solio prcesidere ; illos au
tem deorsum sedentes, ad nutum ejus vultu et auribus
animum suspensum habentes? From whence we may con
clude it a thing before not heard of, for any Legate, though
a Cardinal, to precede Bishops (the first Council in which
they preceded Archbishops, I take to have been the Council
of Vienna, 1311 ; where the Archbishop of York is noted
to have been placed primus et prcecipuus post Cardinales,
et post Trevirensem Archiepiscopum1 ), or be seated in
a more eminent place over them (I have shown they did
not subscribe in English Councils above themg) ; that these
mutations were scandalous to the nation.
As this is the first Ecclesiastical Synod called • and
managed by any Legate from Rome ; so before his cre
dential letters from Honorius II.h as well to the laity as
clergy, I have not met with the text Pasce oves meas1
used to prove him the general Pastor of all the world : it is
a Ordericus Vitalis, p. 862. f Thomas Stubs, Acta Pont. Ebor.
b Simeon Dunelmensis, ann. 1125. col. col. 1730, 30.
251, 61. B Vide supra.
c Eadmer. p. 107,33, 113, 4. Gerv. » Apud Simeon Dunelmensem, col.
Dorob. col. 166, 55. 252, 22.
d Inusitata novitas. Dorob. Ibid. i John, xxi. 15, 16,17.
0 Gerv. Dorob. Acta Pont. ibid. col.
1663, 42.

506 INCREASE OF THE [SIR R. TWYSDEN.
true, Paschalis II. a ten years before uses it to prove his
authority over Bishops" ; but neither doth Anselm, 1095,
produce it0, neither doth this Cardinal at Rheims, 1119,
mention itd, though either of them did allege as many places
of Scripture as were then common to prove the extent of his
power ; and Petrus Blesensis, that lived a little after, in
terprets it as spoken to all Bishops6, and to import no other
than evangelizare : a certain sign if that exposition were
hatched before, it was not common, which afterward ap
proved by St. Bernard5, and inserted into the Canon Law
by Boniface VIII.g about the year 1300, is now stood upon
as the basis of Papal greatness. But to return to that we
were on.
The Archbishop, sensible of these indignities, proceeds
not as his predecessor, by joint Council of the Bishops,
Abbots, and Nobility, but hath himself recourse to Rome
(who already knew se convertere ad oratorum versutias,
dummodo consulat suis profectibush), where the Pope (which
was Honorius II.) committed unto him vices suas in Anglict
et Scotia, et Apostolicce sedis Legatum constituit1 : so that
he who before was Primas Angliee, Scotice et Hibernice,
necne adjacentium Insularum*, that none else gerebat vices
Apostolicas in Britannia1, and this of his own right, with
out any delegatory power, might now, doing the same, be
said to do it by a power derived from Rome. An invention
highly advantageous to the Papacy: for before the King
and Archbishop, or rather the Archbishop by the King's
will and appointment, had ever taken cognizance of all
matters of Episcopacy, as the erection of Bishoprics, dis
posing and translating Bishops, &c. So Paschalis II. ex
postulates with Henry I. that prceter ouctoritotem nostram
Episcoporum translationes prcesumitis, cfc.m, and the de
posing of them to have been in a Synod" historians of all
" Apud Eadmer. p. 115, 9. ann. 1115. h Malms.de Pont. lib. i. fol. 131.
b Ecclesiarum Prajpositi. b. xxxix.
c Eadmer. p. 27, 37. ' Gervas. Dorobern. col. 1663, 64.
d Ordericus Vitalis, p. 862. sect, omnes. l Eadmer. p. 14, 13. 30, 9. 93, 3.
• Petr. Blesens. Epist. 148. * Ibid. 58,43.
r De Consideratione ad Eugen. lib. ii. m Apud Eadm. p. 115,48.
caP- 8- » P. 129,52.
e Ext. Com. de Majoritat. et Obe-
dient. c. 1.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 507
times before assure us% even unto Lanfranc, who attempted
it upon small grounds against Wolstan.b As for dividing
Bishoprics, and erecting new where none were, Theodore did
five in Mercia cum concessu Regum et Prindpum0 (with
out ever sending to Rome), as he did others elsewhere,d
And Henry I. long after placed Episcopal Chairs at Ely and
Carlisle, without acquainting the Popes with it. It is true,
Anselm, an Italian, either not knowing the rights of the
kingdom, or rather out of a desire to interest the Pope in
every thing, writes to him of Ely, that de vestrce pendet
auctoritate prudentice* to add strength to Ecclesiastical ordi
nances of this nature ; yet it is clear by his very letter, the
King, Bishops, and Nobility had already concluded on it,
with whom he had concurred, asking Paschalis's assent after
the deed done : which shows rather he did it in civility,
than of necessity, ne a posteris ulld prcesumptione violetur,
that no cavilling might arise in the future to the disturbance
of an action well settled, that passed by so great advice, as
not. only the English Church, but the first Bishop of the
world and Patriarch of the West joined in seeing the need
fulness of it. And it is here not unworthy the remembering,
that Queen Mary, how much soever addicted to Rome, yet
admitted the Bishops of those Sees her father had erected
during the schism (as they called it) to sit in Parliament,
before any confirmation of them by the Pope. f
Of these and the like, though cases proper for the
Papacy alone8, yet being without scruple exercised in the
Church of England, and no control from Rome, it would not
be easy to dispossess the Archbishop of meddling with, by
strong hand, especially on an essay made before in the case
of Wilfred, it being affirmed, quod esset contra rationem,
homini jam bis a totd Anglorum Ecclesia damnato, prop
ter qucelibet Apostolica scripto communicareh : the way
a See Bed. lib. iv. c. 2, 6. Gerv. 2 Ph. et Mar. Journal des Seigneurs.
Dorob. col. 1638, 37. Yet the Act of reconciling this kingdom
b Mat. Paris, 1095, p. 20, 46. Ail- to Rome, and confirming those Bishop-
redu. col. 406, 10. rics by the Pope, passed not till the 30th
c Flor. Wigorn. p. 559. of November after ; however, they were
a Beda, lib. iii. c. 7. ; lib. iv. c. 6, 12. ; reputed lawful Bishoprics before.
lib. 5. c. 19. g Caus. 3. quaest. 6. cap 7. et de
e Eadmer. p. 95, 50. Translat. Epist. cap. 2. Bellartn. lib. iv,
1 Glocester and Chester in Parlia- de Eccl. cap. 8. sect. Ratio, &c.
ment, 1 March, 2 April, 1554. Pari. 2. h Apud Malms, fol. 152. a. 34.
item Pari, the 3. 12 Nov., 1554. 1 et

508 INCREASE OF THE [SIR R. TWYSDEN.
therefore of making him the Pope's Legate was invented, by
which those particulars he did before without interruption of
his own right, he (whom it was not easy to bar of doing
them) might be said to act as his agent : which was about
this time3 first committed unto him ^of any Archbishop of
Canterbury; though Baronius b, not finding how the very
same passed before, fancies Theodore to have done them,
cui totius Anglice a Romano Pontifice veluti Apostoliccs
sedis Legato cur a credita erat ; who certainly if he were
his Legate, was very immorigerous in the case of Wilfred.
But to leave that as a chimera not to be assented to, men
tioned by no ancient author, it is true, not long after he
conferred the title of Legatus natus on the Archbishop, of
which hereafter.0
To return to the Archbishop, who came home with
this Legatine power, 1127, crowns the King at Windsor4,
and in May following holds a Council at Westminster, cui
prcesedit ipse, sicut Apostoliccs sedis legatus ; which is the
first Council any Archbishop is noted to have held as a
Papal Legate ; and during his life, which was seven years,
England did not see any other.
After his death the See of Canterbury lay two years
vacant, so a fit time for the Pope to look this way, es
pecially King Stephen making it part of his title, that he
was confirmed by him in his kingdom6: therefore, 1138,
Innocentius II. sent hither Albericus Bishop of Hostia, the
second stranger I find exercising the Legatine authority in
England ; yet he was not at first received for one, but vix
tandem pro reverentid Domini Papce? He indeed went
further than ever any had, for he not only called the clergy
Apostolica auctoritate (as our historians term it) to a
Synod (I confess he avoids the word in his letters of
summons, styling it colloquiume, perhaps not to enter into
dispute with the King, who then took himself to be the only
caller of them", and the allower of what they did), but did
a Ann. 1127. stad. col. 259, 9. R. Hagulstad. col. 314,
b Baron, torn. viii. ann. 676. n. 10. 18. Vid. col. 313, 32.
c Vide supra. f Gerv. Dorob. col. 1344, 6.
d Florent. Wigorn. ann. 1126, 1127. e Gerv. Dorob. col. 1346,58.
etalii. b Eadmer. p. 6, 29. 24, 11.
• Apud Malmsb. f. 101. J. Hagul-

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 509
further command the Prior and Convent of Canterbury, &c.
to choose such an Archbishop a, cui sacrorum canonum auc-
toritas in nullo valeat obviare, cui comprovinciales Episcopi
pariter debeont assentire, et cui Dominus Rex nee possit
nee debet assensum suum juste denegare ; but further not at
all intromiting himself. And in the Council he held,
amongst other particulars, he ordained, that if any injured
an Ecclesiastical person, Nisi tertio admonitus satisfecerit,
anathemate feriatur, neque quisquam ei prceter Romanum
Pontificem, nisi mortis urgente periculo, modum posnitentice
finalis injungat? This is the first that by canon, aught
done in England was referred to Rome, as having a greater
power than the English Bishops to absolve (of the laws of
Henry I. I shall speak hereafter0). But whether it were
not here much regarded, or the excesses used by King Ste
phen against certain Bishops, and the prohibiting a Council
held at Winchester to send to Rome, as against the dignity
of the realmd, or that he, freed of imprisonment, desired to
make so potent a party as the clergy then was, more of his
side, I cannot say ; but assuredly it was again renewed
in a Council at London about some four years after.6
The same Pope, 1139, conferred upon Henry, King
Stephen's brother, and the potent Bishop of Winchester,
this Legatine power, which was by him published in a Coun
cil at Winchester, where his faculties were read bearing
date the 1st March f ; and being as well Anglics Dominus
by reason of the power he held with Stephen, as Apostoliccs
sedis Legatus8, he called thither the Archbishop that had then
some contest with the Monks of St. Augustin ( whom
the Pope generally favoured against him ), referred to his
decision from Rome, so that he caused both parties the
second time to appear there before him, 1143h, as Legate,
and by compromise ended the business. Yet this calling of
the Archbishop unto him was not taken well1 : and the
a Gerv. Dorob. ibid. lin. 65. ' Malms, f. 103. a. 31.
b Cap. 9. apud Gerv. Dorob. 1348. et B Gerv. Dorob. col. 133, 44,
R. Hagust. 328. h W. Thorne, col. 1853, 32.
c Vide supra. ' Gerv. Dorob. col. 1662, 24. indig-
a Malms, fol. 103. a. 1. b. 54, 35. natus Theobald.
c H. Hunt. fol. 225. a. 36. ann. 1142.
8 Steph.

510 INCREASE OF THE [SIR R. TWYSDEN.
same year, 1143, he did, by Apostolic command, restore
Jeremy, removed by Theobald ( notwithstanding his appeal
to Rome ) to be Prior of Canterbury : which restitution
the said Prior did not think fit to stand by, but for avoiding
trouble, took one hundred marks to pay his debts, and placed
himself in St. Augustine's. By these carriages there grew
great distastes between these two great Prelates : the one as
Archbishop prohibited Winchester all Ecclesiastical functions3,
however the Pope's Legate ; and both apply themselves to
the Pope ; from whence our historians do fetch the use of
appeals to Rome ; as indeed there could not well be any
cause of them before : for as the one case is the first ever
any Archbishop was called out of his diocese to make
answer to any Legate as his superior ; so I believe it will be
hard to give an example of aught done by the Archbishop
in his own Bishopric, till now altered by a foreign authority.
And here, having mentioned the introducing of appeals,
the reader will give me leave to digress a little, both to show
what is meant by them, and the manner of prosecution of
them ; and then to return15, and observe the event of the
Archbishops and Legates in the Court of Rome.
It cannot be denied, the word Appeal to have been used
in former times with reference to the Papacy. Cum prcesul
sedem Apostolicam appellasset, says Malmsbury of Wilfred0 ;
and a Council held in Italy concerning him, Apostolicam
sedem de sua causa appellansd : and so of some others. Yet
nothing is more certain than those in whose time this
was did not at all hold the Pope to have any power of right
ing him, other than by intercession ; not as a superior
Court, by sentencing in his favour, to undo what had passed
Theodore (without whose assent the King could not have
deprived him of his seat6); for when the Pope's letters
were brought hither for his restitution f, Egfrid, with the
advice of his Bishops, not only refused, but clapped Wilfred
in prison ; and after his death the Pope sending others
a Jo. Hagulst. col. 275, 42. Interdixit MS. seu additionibus ejus, in Bibl. Cot-
Episcopo, Episcopate et Sacerdotale offi- ton.
cium. o Stubs, de Archiepisc. Ebor. col.
b Vide supra. 1691, 10.
¦= Malms, fol. 149. a. 50. f Malms, fol. 150. a. 48.
11 Bed. 1. v. c. 20. et in Ingulph.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 511
vita graves et aspcctu honor abi les ¦", Alfrith, though he re
ceived the men with great reverence, yet would by no means
admit the restoration they came about, but affirmed it against
reason to do it ( he having been twice condemned ), propter
qucelibet Apostolica scripta. And as this was in a time
when Christianity most flourished in this nation, having in
general fortissimos Christianosque Reges* ; so of the Kings
that did it, of Egfrid Beda left0, that he was piissimus et
Deo dilectissimus : neither can he find any other thing to
blame in Alfrith worthily, and the Bishops that did concur
in the action d, were holy men6, well seen in divine and
secular learning ; so that it is not imaginable any thing-
passed them not warranted by the doctrine and rules of
this Church.
For the understanding of which, we are to know the
word Appeal is taken several ways ; sometimes to accuse f,
sometimes for referring ourselves to some one for his
judgment ; such was that of Wilfred's appealing to Rome
as to a great spiritual Doctor and Church, whose judgment
was very venerable in the world, as of late John Calvin's
and the Church of Geneva was to them of Scotland and
Frankfort, &c. Another way we take it for removing a
cause from an inferior to a superior Court or Judge, that
hath power of disannulling whatsoever the former did ; and
this is that our Historians affirm not to have been in use till
after 1140. It is certain, long after Wilfred, the Bishops
and Nobility did assure Anselm g, that for any of the great
ones, especially him, to have recourse to Rome without the
King's leave, to be inauditum et usibus ejus omnino contra-
rium, and therefore required of him an oath, quod nun-
quam amplius sedem Sancti Petri, vel ejus vicarium, pro
quavis quce tibi ingeri queat causa appelles. I know Anselm,
an Italian, where the opinion of the Papal absoluteness had
now begun to root, did maintain this was Pet rum abjurare,
and that Christum abjurare, and is the first of our Bishops
a Malms, fol. 15. a. 32, 34. ' Blasius Dasium de proditione appel-
b Beda lib. iv. c. 2. labat. Liv. lib. 26. Such were those
c Apud Malms, fol. 10. b. 23,36. appeals in Parliament, the 11 and 21 of
d Stubs, de Archiepisc. Ebor. in Wil- Ric. II., which mightbe otherwise called
frido, col. 1691, 10. accusations.
• Beda, lib. iv. c. 2. c. 9. lib. v. c. 20. « Eadmer. p. 39, 21, SO.

512 INCREASE OF THE [SIR R. TWYSDEN.
with whose sense the kingdom did not concur in it. For it
is manifest, in those days and after, appeals to Rome were
not common. In the year 1115, Paschalis II. expos
tulates with Henry I., that Nullus inde clamor, nullum
judicium ad sedem Apostolicam destinatur* ; and again, vos
oppressis Apostoliccs sedis appellationem subtrahitis? And
Anselm himself, speaking of the proceeding of the King
in a case by him esteemed only of Ecclesiastical cognizance,
lays down the manner to be, that it should be only ad sin-
gulos Episcopos per suas parochias, aut si ipsi Episcopi in
hoc negligentes fuerint, ad Archiepiscopum et Primatem" ;
adding nothing of carrying it to Rome, of which I know
no other reason, but that it was not then usual to remove
causes from the Primate thither. Yet after this, either the
importunity of the Pope prevailed with the Kingd, or the
passage was inserted after his days into the laws which carry
his name ( as some other in the same chapter may seem to
have been); certain in them though he gave for a rule
that of Pope Fabian, or Sixtus III., ibi semper causa agatur
ubi crimen admittiture, — yet a Bishop erring in faith, and,
on admonition, appearing incorrigible, ad summos Pontifices
(the Archbishops) vel sedem Apostolicam accusetur? This
is the only cause wherein I find any English law did ever ap
prove a foreign judicature.
But whether it was from the countenance of this law, or
the great oppressions used by the Legate, King Stephen's
brother, or the frequency of them, it is certain (1151) ap
peals were held a cruel intrusion on the Church's liberty6 ;
so as in the assize at Clarendon, 1164, collected by the
body of the realm, the eighth chapter is solely spent in
showing the right of the kingdom in that particular11 : which
Johannes Sarisburiensis interprets, quod non appellaretur
pro causa aliqud ad sedem Apostolicam, nisi Regis et
officialium suorum venia impetrata} Upon which the
Bishop of London moved Alexander III. that Becket's cause
a Apud Eadm. p. 1 13, 3. 6. cap. 1. Leg. Hen. I. cap. 5. p. 178,
b Ibid. p. 115,33. 28.
c p- 85, 41. f Leg. Hen. I. p. 179, 9.
d Henry I. g Hunt. f. 227. b. 7. etalii.
• Fabian. Epist. 3. et Sixti III. torn. b Ger. Dorob. col. 1387.
I. Concil. et apud Gratianums, t. 3. q. • Epist.159. p. 254.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 513
might be determined, appellatione remold* : at which the
Pope seems to be moved, and told him, hcec est gloria mea
quam alteri non dobo. And though it seems by a letter of
the same prelate", the King would have restrained his power
only to such as had first made trial of receiving justice at
home, claiming ex antiqud regni institutione, ob civilem
causam nullus clericorum regni sui fines exeat, c/r., and
that too, if amiss, would have corrected by the advice of the
English Church ; yet while the Archbishop lived, that
would not be hearkened to ; but after his death, at the peace
which in 1172 ensued between him and the Church of Rome,
it was only concluded, the King not to hinder appeals in
Ecclesiastical causes, yet so as a party suspected before his
going was to give security not to endeavour malum suum
nee regni. But the kingdom meeting in Parliament at
Northampton, 1176, not fully four years after, would not
quit their interest, but did again renew the assize at Claren
don, using in this particular somewhat a more close ex
pression : Justitice faciant qucerere per consuetudinem
terrce illos, qui a regno recesserunt, et nisi redire voluerint
infra terminum nominatum, et stare ad rectum in curia
Domini Regis, postea utlagentur, Sfc?, in effect the same
as Gervasius Dorobernensis well understood, who tells us,
Rex Anglice Henricus, convocatis regni primoribus apud
Northamptoniam, renovavit assisam de Clarendonid, eamque
prcecepit observari ; pro cujus execrandis institutis beatus
martyr Thomas Cantuariensis usque in septennium exulavit,
et tandem glorioso martyrio coronatus est. d
After which, he going to Rome, remained during this
King's and his son Richard's time, only according to their
pleasures, the clergy lying under the penalty of this law,
if they did attempt further than the Prince's liking, of
which we have a very pregnant example in the case of
Geoffrey, Archbishop of York, King Richard's brother, who
accused to Coelestinus III. that he did not only refuse ap
peals to Rome, but imprisoned those who made them6;
• Ger. Dorob. col. 1396. a Ger. Dorob. ann. 1 176. col. 1433, 19.
b Apud Hoveden. ann. 1166. fo. 287. ° Ep. Ccelest. apud Hoved. ann 1195.
b. 44. apud Dicet. ann. 1168. fol. 426. b. 26.
c Apud Hoved. f. 314. b. 3.
VOL. III. L L

514 INCREASE OF THE [SIR R. TWYSDEN.
upon it the Pope commits the cause to be heard by the
Bishop of Lincoln and others a, who thereupon transfer
themselves to Yorkb, where hearing the testimonies of those
who appeared before them, assigned him a time to make
his defence to the Pope. But the Archbishop being then well
with his brother, pretended he could not present himself in
Rome for the King's prohibition, and the indisposition of
the air.0 Not long after, the King and he fell so at odds, quod
prcecepit Mum dissaisiri de Archiepiscopatu suo, <§fc? Cce-
lestinus upon this takes an opportunity to declare a suspension
to be notified through all the churches of his diocese, enjoin
ing, what the King had before, the lay as well as the clergy, ne
ipsi Archiepiscopo vel officialibus ejus in temporalibus vel spi-
ritualibus respondere prcesumant, donee de ipso Archiepiscopo
aliud duxerimus statuendum? The offence with his brother
still remaining, the Bishop expecting now no help at home,
goes upon this to Rome, makes his peace with the Pope, and
returns : but the King committed the care even of the spi
rituals of his Archbishopric to others f, without permitting
him or his agents to meddle with aught, till about two
years after he reconciled himself to the Crowng ; after
which he gave Innocentius III. occasion to write, Non excu-
sare te potes, ut debes, quod Mud privilegium ignoraris, per
quod omnibus injuste gravatis facultas patet ad sedem
Apostolicam appellandi, cum et tu ipse aliquando ad nos
tram audientiam appellaris^ ; and a little after, Nee aucto-
ritatem nostram attendis, nee factam tibi gratiam recog-
noscis, nee appellationibus defers quce interponuntur ad
sedem Apostolicam, <8fc. And about the same time Robert,
Abbot of Thorney, deposed by Hubert, the Archbishop, was
laid in prison a year and a half without any regard had of the
appeal by him made to the Pope1 ; and this to have been
the practice during King Richard's time, the continued
quarrels of Popes, for not admitting men to appeal unto
them, doth fully assure us.
But Innocentius III., having prevailed against King John,
* Eadem Ep. f Ibid. fol. 435. b. 52.
b Ibid. fol. 427. a. 26. lin. 38. e Ibid. fol. 442. b. 19.
c Hoved. ann. 1195. fol. 427. ... 48. " Ibid. ann. 1201. fol. 455. a. 21.
¦> Ibid. fol. 428. a. 42. ' Ibid. ann. 1195. fol. 430. b. 37.
0 Ibid. ann. 1196. fol. 434. a. 23.

SIR B. TWYSDEN.] PAPAL POWER IN ENGLAND. 515
and the clergy being great instruments in obtaining Magna
Charta from that prince, either in favour of them, or for
some other reason, there was inserted, Liceat unicuique
de ccetero exire de regno nostro etredire salvo et secure per
terrain et per aquam, salvd fide nostra, nisi in tempore
guerrce per aliquod breve tempus* : which clause seems like
wise to have been in that of Henrv III. to his Fathers in
nullo dissimi/isb : after which it is scarce imaginable how
every petty cause was by appeals removed to Rome, and the
Archbishop forced to appear before any had the least autho
rity from thence.
The Popes themselves, wise men, saw the inconvenience
that these carriages must end either in rendering the Arch
bishop contemptible, by taking all power out of his hands, or
the realm resume its ancient right, and prohibit the carrying
aught beyond seas, or admitting any Legate into the king
dom ; and thought of the wav of granting several privileges
to the Archbishopric, which first began about the time of
Innocentius II. whom others followed.
Gregory IX., therefore, moved by one of them (which
seems to he St. Edmund), writes thus unto him : ut cum
appellationis remedium non ad defensionem malignantium,
sed ad oppressorum subsidium sit invention0; yet the Arch
bishop attempting sometimes excessus corrigere subditorum,
quidam eorum, ut correctionem effugiant, appellationes
frustratorias interponunt, quibus si cite pro reverentid
sedis Apostoliccs humiliter deferatur, illi ex impunitate
deteriores effecti pejora prcesumunt, et alii eorum exemplo
redduntur ad vitia proniores ; unde humiliter postulastis,
eye. . . . ut provide re super heec soli fa diligentia deberemus :
ut igitur auctoritati tuce in recti's dispositionibus nihil tali
pretextu deesse contingat, fraternitati tuce prcesentium
authoritate concedimus, ut, non obstante friroles appella-
tionisd objectu, libere valeas in corrigendis subditorum
tuorum excessibus officii tui debitum exercere.
a Mag. Charta, apud Mat. Par. p. 25S. Lindwood, u. 2. verbo Frivole, de Appel-
53. Lond. 1640. lationibus, soil, quae vana et inanis — vel
b Mat. Paris, ann. 1224. p. 323, 28. quando uulla causa est expressa, vel non
c Bulla Gregor. IX. in antiquo MS. legitima dato quod sit vera, vel licet sit
dat. Interamnse, 27 Junii. 1236. legitime, est tamen manifeste falsa. Et
d Frivola Appellatio qua; dicitur, vide vide ibid, verbo Pallietur.

516 INCREASE OF THE [SIR R. TWYSDEN.
And for that his agents here3, in their citations of the Arch
bishop, did not use that respect unto him which was fit, but
as Gervasius Dorobernensis observes of one of them : Legati
privileqium suum plusquam deceret extenderet in immen-
sum, suumque Archiepiscopum et Episcopos Anglice ut sibi
occurrerent quolibet evocaretb ; the same Pope did therefore
declare, that, cum nimis indecens videatur, ut per literas
Apostolicas tacito tuoQ nomine dignitatis inter privatos
personas stare judicio compellaris, nos fraternitatis tuce
precibus inclinati, auctoritate tibi prcesentium indulgemus,
ut per literas a sede Apostolica impetratas quce de dignitate
tud non fecerint mentionem respondere niinime teneris, eye.
(Dat. Viterbii 4. Non. Martii, Pontif. nono.)
And because the Archbishop had on many slight occa
sions been drawn beyond seasd, to the great impoverish
ing the Episcopacy, the same Pope two months after writes :
Ed propter, venerabilis in Christo frater, tuis supplicatio-
nibus inclinati, fraternitati tuce auctoritate prcesentium in*
dulgemus, ut per literas Apostolicas extra Angliam invitus
non valeas conveniri, nisi de indulgentia hujus modi fecerint
ece Uteres mentionem, aut per te aliquod factum fuerit per
quod sit indulgentiee huic derogatum. (Dat. Perusii 4.
Non. Martii, Pontificat. nono.)
Innocentius IV.6 ut nullus sine speciali Apostoliccs sedis
licentid, prceter Legatos ipsius ab ejus latere destinatos, in
personam tuam prcssumat excommuiiicationis sententiam
promulgare. (Lugduni, 13. Kalend. Octob. Pontif. 4.)
It would be tedious to repeat all the bulls found in the
said old MS. and other books since 1130 (for before it
seems there was none in this kind), to conserve some power
in the Archbishopric, yet so as it might ever depend on
Rome ; and how much the Papacy gained by these, every
man sees.
I. The right of the Archbishopric was, — "none by appeal
might remove any Ecclesiastical cause from his judicatory : "
the Pope grants, "he shall proceed notwithstanding a frivolous
appeal." a At Viterbo, Mar. 4. 1235. a At Perusium, 6. Maii. 1235.
b Col. 1665, 23. « At Lyons the 19th September.
c Sic MS. sed legendum tuas.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 517
II. The right was, — "he was not at all under any Legate:
the grant is, he should not be tied to answer, if they did
not mention his dignity in their citations.3"
III. The right was, — "he should not be drawn beyond the
seas" ( of which in the next) : the grant is, '' he should not
be compelled to go, unless mention were made of that Bull."
IV. The question was, — "whether the Pope might excom
municate any within the diocese of Canterbury11 :" the grant
is, " none but a Legate de latere should the Archbishop."
Yet certainly, Popes did what they well could, retaining
to themselves that vast power they then pretended, to con
serve in the Archbishopric some authority.
But the frequent citing him and others out of the
realm, and the carrying their causes to Rome, did not at all
satisfy the subject ; whereupon, the body of the kingdom,
in their querulous letter devised and sent by them to Inno
centius IV. (or rather to the Council at Lyons) 1245°,
claim as an especial privilege, That no Legate ought to come
here, but on the King's desire, et ne quis extra regnum
trahatur in causam :d and at the revising of Magna Charta,
by Edward I., the former clause was left out, since when
none of the Clergy might go beyond seas but with the
King's leave, as the writs in the register6, and the Acts of
Parliament assure usf; and what is more, if any were in
the Court of Rome, the King called them homeg, not per
mitting any to go or abide there longer than his pleasure.
Yet I do not say these times do not furnish examples of
appeals or recourse thither, or receiving commands from
thence ; I know the contrary : but it was only between those,
and in such cases, as the King (holding good correspond
ency with the Pope) and state did either tacitly connive at,
as in matters of small moment, or expressly give allowance
unto : for if otherwise, no person was so great, but he was
0 See before n. 17. ought to be in all; for in the Grava-
b Cap. 2. n. 17. mina Angliae sent to the same Pope
0 Apud Mat. Paris, p. 668, 3. 1246, one is" quod Anglici extra regnum
d Note, this is omitted in the copy of in causis auctoritate Apostolica trahun-
this letter in Mat. Paris, which is found tur." Mat. Par. p. 699, 10.
in other MS. copies of the same, as in " Regist. 193. b. Cook, Instit.3. p. 179.
one my learned friend, Mr. W. Dugdale, f Pari, at Cambridge, 12 Ric. 2. cap.
helped me to the sight of ; the Book it- 15. apud Henricum Knighton, col.
self belonging to Mr. Roper of Lincoln's 2734, 40. .5 Ric. 2. c. 2.
Inn, in whieb it is fol. 117. b., and B Hen. Knighton, col. 2601,44.
I. T_ 3

518 INCREASE OF THE [SIR R. TWYSDEN.
forced to gain his pardon for the offence. To which purpose
the example of the rich Bishop of Winchester" may not be
unfitly remembered, who being a Cardinal of the King's
blood, was employed by Martin V. as general against the
Bohemians, and to that end erected the cross, 1429, 8 Hen.
VI. ; but two years after caused a petition to be exhibited in
Parliament, "That he, the said Cardinal, nor noiie other, should
be pursued, vexed, impleaded, or grieved, by the King, his
heirs, or successors, nor by any other person, for cause of
any provision, or offence, or misprision done by the said
Cardinal against any statute of provisions, or per cause of
any exemption, receipt, acceptation, admission, or execution,
of any Bulls Papal to him in any manner made:"b which
was granted, and shows that without it he had been liable to
punishment for his accepting and receiving of them. And
here it is not unworthy the remembering, that this was the
first Cardinal England ever saw a privy councillor. He
having sometimes sought that dignity in Henry V.'s time,
upon the news, the Archbishop of Canterbury gave the King
notice of it in a letter yet extant ; which did so affect that
Prince, as he was sometimes heard to say, " That he had
as lief set his crown beside him, as see him wear a cardinal's
hat."0 But he being soon after taken away, and the honour
conferred on this prelate in June, 1426, by Martin V. at
his coming into England4, the Lords of his Majesty's Coun
cil caused him to make a Protestation for his comportment
in the future ; and in 8 Hen. VI. it was agreed by the Lords
in Parliament, he should be on the King's part required to
attend his Majesty's Councils, sub protestatione tamen subse-
quente quod quotiens oliqua, materice, causes, vel negotia
ipsum Dominum Regem aut regno seu dominia sua ex parte
una, ac sedem Apostolicam ex parte altera concernentia,
hujus concilii regiis communicanda et tractanda fuerint,
idem Cardinalis se ab hujusmodi consilio absentet, et com
munication eorundem causarum, materiarum, et nego-
tiorum non intersit quovis modo, fyc, and yet his former
engagement made to the Council to be firm and inviolable.
a Henry Beaufort. made by the Duke of Gloucester against
b Rot. Pari. 10 Hen. 6. n. 16. the said Cardinal, Art. 2.
c Halle, 20 Hen. 6. The complaint d Rot. Pari. 8 Hen. 6. u. 17.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 519
Upon which the said Cardinal, the 18th of Dec. 8 H. VI. (ann.
1429), after his thanks to the King and Lords, and his
admitting the said protestations tanquam rationi consonas,
was received for one of the Council. But I return to that
I was treating of.
The truth of this barring appeals is so constantly averred
by all the ancient monuments of this nation, as one, not
finding how to deny it, falls upon another way, — that if
the right of appeals were abrogated11, it concludes not the
See of Rome had no jurisdiction over this Church, except
one should be so senseless as to imagine the Prefect of the
Pretorian Court were not subject to the Emperor's authority,
because it was not lawful to appeal from them, according to
the law in the Digests. b To which I answer, that if it be
granted (which is very disputable ) this law is to be ex
tended to the Emperor, yet it proceeded from himself, who
might limit his own power : but he is desired to consider,
this canon of appeals did not from any Pope ; for the
Africans did, and the Church of England doth, maintain it
as an inherent right of their own, to give laws in that par
ticular, and ever had strong contests with the Papacy about
it, which held it an honour not to be parted with ; and they
opposing him in it, must of necessity have held that superin-
tendency he exercised over them not to be jure divino, for
then no man could have exempted himself from having
recourse unto him. In France there are several Courts of
Parliament from which no appeal lies, who receiving that
privilege from the King, it cannot be said to be in diminu
tion of his royalty, because that they have, he gave : but if
ever any of them should claim this as of their own right,
denying the King to have, at any time, a power of inter
meddling with them, I shall leave the objecter to draw what
consequence he will from it ; for my part I can no other,
but that they esteemed themselves very little his subjects.
The reader will pardon this digression, which 1 have
the longer stood upon, to give him the more full satisfaction
how appeals were first brought in, and how pursued ; I
shall now, in what manner the Legate and Archbishop prose-
a Philip Scot, Of Schism of England, b Ff. de officio Prafect. Prator. Leg.
p, 174, unica. Vide Cassiodor. lib. vi. variar 3.
1, T, 4

520 INCREASE OF THE [SIR R. TWYSDEN.
cuted theirs: who being both before Lucius' II. % 1144,
the Bishop of Winchester was dismissed his Legatine commis
sion b ; and the Pope finding with how great difficulty the
Ecclesiastical affairs of this kingdom could be managed by
any Legate, without the Archbishop of Canterbury, thought
of a very subtle invention to conserve his own authority, and
not have any crossing with that Prelate, which was to create
him and his successors Legati nati ; by which, such things
as be did before, and had a face of interfering with the
Papal plenitude, and were not so easy to divest the Arch
bishop of exercising, he might be said to do, by a Legatine
power, of which it was not long before the Pope made use,
as is to be seen in his Decretals0, where Alexander III.
resolves he could not hear jure metropolitico matters Epis
copal that came not unto him per appellationem (that is, in
a legal way), but, jure legotionis, he might such as were
brought unto him only per qucerimoniam ; an invention often
practised afterward, and highly advantageous to the Court
of Rome, as what made Bishops but his deputies.4
The Antiquitates Britannicce Eccles? and from him,
Harpsfieldf, spake as if this honour were first bestowed
on Theobald, which it seems to me could not be, till the
taking it away from Winchester, by Lucius III., after the
death of Innocentius II. Diceto saysB, Ccelestinus III.
(about some ten years after Lucius) bestowed on Hubert
plenitudinem potestatis in officio legotionis inauditam a
seculis. I confess I do not well understand in what it did
consist, that had not been formerly heard of, to whom the
Pope had committed vices suas in Anglid et Scotia^ ; but
it fully proves that power derived from Rome was then
looked on as a thing newly crept in.1 But whosoever did
first confer it, the matter is not great ; certain it is, by it
a W. Thorn, col. 1804,44. ¦ The Bishop of Ely, 1191, says Rich-
b J. Hagulst. col. 273,61. ann. 1145. aid I. acquired him that honour. Ger.
0 De Officio Legati. cap. 1. Dorob. col. 1565, 46. And the King him-
d Vide Bochel. Decreta Eccl. Gall, self expostulates in Hoveden with the
p. 918. Cone. Trident, sess. 5. *. 1,2. Bishop of Hostia, that it cost 1500 marks.
et multis aliis locis. Hoved. ann. 1 1 90, col. 380. b. 14. So
• In Theob. p. 115,47. edit. 1572. that the Court of Rome knew how to
f Seculo xii. p. 328, 15. turn this, notwithstanding all opposition,
e Ann. 1195. col. 679, 7. to its no small advantage.
h Ger. Dorob. col. 1663, 64.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 521
the Papal authority was not a little in time increased, there
being none of the clergy almost to question aught that came
from Rome ; the Archbishop, on whom the rest depended,
himself operating but as a delegate from thence.
To which purpose it may not unfitly be observed, that
when the Papacy did first attempt the exempting some great
monasteries from the jurisdiction ef their Ordinary, it was
salvo primatis reverential, or, as Malmsbury explains it,
Archiepiscopi tantum nutum in legitimis spectaturus. But
however, thus carefully penned not to thwart with the Arch
bishop, being brought hither was taken away by Lanfranc,
not permitted to be made use of, the Abbot finding no other
way to regain it but multorum precesh ; yet, afterward,
the Pope without scruple exempted them, not only from their
Diocesan, but even such as were under the Archbishop's
nose, with all pertaining to them, were taken out of his own
jurisdiction ; and he who at first preserved others' rights, had
those houses now at an easy rate removed from his own.6
A fact of infinite advantage to the Papacy, by which it had
persons of learning in all parts, who depended wholly on it,
defended what was done to be by one who had a power of doing
it ; and he who at first did solely agere vices Apostolicas in
AngliaA, was under no Legate6, permitted no Bull from
Rome to be made use of in England, but by his approbation,
was so far now from taking them away from the bearers, as
private clerks, by deputation from thence f, did sit his supe
riors in determining differences between him, and others who
by strength were taken from his jurisdiction.
After which, Popes having gained an entrance, found
means to reduce the grant of Legatus natus to no more
than stood with their own liking, by inventing a new
sort of Legate, styled Legatus a latere (by reason of his
near dependence on the Pope's person g), who, employed in
matters of concernment, at his being here the power of the
former slept ; which distinction of Legates seems to me to

a Eadmer. 62, 34. Malms, f. 137. a. 5. f Vide Bull. Johan. XXII. apud Gu-
b Eadmer. ibid. lin. 37. Helm. Thorn, col. 2041, 1.
0 Vide Petri Blesens. Epist. 68. g De Officio Legati, cap. 9. Gloss, ad
d Eadmer. p. 58, 44. verbum Commissam.
• Ger. Dorob. col. 1 663, 55.

522 INCREASE OF THE [SIR R. TWYSDEN.
have had its birth after 1180% first applied by any of our
writers to Johannes Anagninus Cardinalis, 1189b, by
Hoveden : which style yet others who then lived do not give
him.0 Of this Legate it is that Henry Chichley, in a letter
yet extant, under his own hand, wrote to Henry V., that " Be
inspection of lawes and chronicles was there never no Legat
d latere sent in to no lond, and specially in to your rengme of
Yngland, witoute great and notable cause. And thei, whan
thei came, after thei had done her legacie abiden but lital
wyle, not over a yer, and summe a quarter or ij. monthes
as the nedes requeryd ; and yet over that he was tretyd with,
or he cam in to the lond, whon he schold have exercise of
his power, and how myche schold be put in execution. An
aventure after hee had bee reseyved hee whold have used it
to largely to greet oppression of your peple :" as, indeed, if
he staid long, he sometimes gained the censure of being
occultus inimicus regni0 ; but this was not till the Popes had
brought the Archbishops much under, by laying a necessity
on them of receiving the pall from Rome, and at the taking
of it, of making profession de fidelitate et canonicd obedi
entia, that is, had obliged them by oath to defend regalia
sancti Petri. Of which, because I find the introducing
(not much touched by our writers) a great means to advance
this foreign power, it will not be amiss to say somewhat ;
and first of the pall.
The pallium (from whence our English word pall)
was a garment with which the professors of arts, — as
grammar, rhetoric, music, — might clothe themselves (as it
seems to me by Tertullian they didf), yet was held most
proper for such as professed philosophy ; and therefore when
a begging fellow came to a noble Roman, palliatus et cri-
nituse, being asked what he was, the man, half angry, replied
he was a philosopher, et mirari cur qucerendum putasset
quod videret ; to which the gentleman returned, Barbam et
pallium, philosophum nondum video. From whence I
a Vide Ger. Dorob. ann. 1188, cols. e M. Paris, ann. 1240, p. 524,43.
1532, 55. et 1533, 8. f De Pallio, cap. 6.
b Hoveden. ann. 1189, f. 377. a. 10. e Aul. Gellius, Noct. Attic, lib. ix.
c Diceto, col. 649, 42. Ger. Dorob. cap. 2.
d Habetur in Vita Henrici Chichley,
ab Arthuro Duck edit. 1617.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 523
gather, it was for the most peculiar to them. So Eusebius
shows onHeraclasa, cpthocrotpov dvaT^aScuv cr^r\p.a, "takingthe
habit of a philosopher," notwithstanding his being a Christian,
retained it : and (lib. viii. cap. 21.) at the martyrdom of Por-
phyrius, a disciple of Pamphilus, he describes that <pi\6o~o<pov
o"jrr\\i.a. to be a short cloak or pall covering the shoulders.
But it seems the primitive Christians, in wearing of it, did
attribute some sanctity to the garment ; for grande pallii
benefidum est (saith Tertullian15) sub cujus recogitatu impii
mores vel erubescunt : whereupon the Council of Gangra6,
not a hundred years after, pronounced him anathema who used
the pallium quasi per hoc habere se justitiam credens, tyc.
Now, from the danger of superstition of the one side, and
the being especially worn by philosophers of the other, I am
apt to think it became, in the end, proper only to some
Bishops who might challenge it as learned philosophers, yet
not at all likely to attribute more to the robe than reasonable ;
and in time, either by collation of Emperors, or otherwise,
appropriated to some particular churches, who having that
mark, were, after, the seats of Archbishops for the most part.
For though Alcuinus be of opinion the pall is nothing but a
distinction between an Archbishop and his suffragans4 ; yet,
under favour, I conceive that must be taken of the acceptation
of the word in the time he lived, not as used in St. Gregory's
days, who gives Augustine6, at the bestowing the pall upon
him, the title of Archbishop, no more than he doth Syagrius,
Bishop of Austun, inBurgundyf, — which town, notwithstand
ing that gift by St. Gregory, was never reputed to have
other than an Episcopal chair, and suffragan to the Arch
bishop of Lyons to this day ; so that, certainly, at first, all
that had the pall were not eo nomine Archbishops, to whom
it became especially proper after the Emperor relinquished it
to the Pope's disposing, who at first, no question, had a good
part in the conferring of it himself.
The deed is yet extant by which Valentinian bestowed it
on the Church of Ravenna, about the year 430. I know
a Euseb. Hist. lib. vi. cap. 13. Grasck. inter Archiepiscopum et ejus suffraga-
b Tertul. de Pallio, cap. 6. neos. Alcuinus de Divinis Officiis, cap.
c Concil. Gangrense circa ann. 350. Quid significent vestimenta.
a 12 • Gregor. lib. xii, Epist. xv.
d Pallium nihil aliud est nisi discretio f Ibid. lib. vii. Epist. cxii.

can

524 INCREASE OF THE [SIR R. TWYSDEN.
somea, who find not how to deny it, hold this an honourable
vestment, such as Emperors themselves wore, which opinion
Baronius justly confutes b, and rather thinks it forged ; yet
he0, citing out of Liberatusd, that Anthemius, expelled the
Church of Constantinople, Pallium quod habuit, imperato-
ribus reddidit, et discessit, gives no gloss how he could
return to the Emperor his pall and depart, if he had nothing
to do with it ; and it is manifest, in Gregory the Great's
days, that Church did not only prescribe for the use of the
pall, but for doing it contrary to the will and opinion of that
father. And the same doctor elsewhere6 saith, he had
dealt apud piissimos dominos, the Emperors, to send him
Anastasius, concesso usu pallii ; and afterward, being desired
by Brunichilda to grant it to Syagrius (of whom before), he
shows his readiness, propter quod et serenissimi Domini
Imperatoris prona voluntas est, et concedi hcsc omnino desi-
derat* ; so that, certainly, at the beginning, if Princes did
not bestow it, yet it was not done against their wills, which
aftertimes did in Europe solely appropriate to the Pope, who
yet gave it not against their liking, as Lucius II., sending
it to the Bishop of Winchester, who never yet made use of
it, teacheth us.8
But what this pall imported, or what the receiver had
of advantage by it, writers, I think, do not always agree.
Isidorus Pelusiotah, who wrote about the year 430, is of
opinion, the Bishop, as a type of Christ, wears that cloak of
wool, to show himself imitator of the Great Shepherd that
will bear the strayed sheep on his shoulders. St. Gregory
says1, it signifies humility, justice, &c. I have shown before
Alcuinus's opinion of it. But whatsoever signification it
was at first thought to carry, certainly, the necessity of fetch
ing it from Rome was not so urgent, as in these later the
Papal interest made it esteemed. We do not read that ever
Laurentius or Mellitus received thence the pall ; yet no man
" Hieron. Rubeus, Hist. Ravenna;. f Greg. lib. vi. Epist. v. Indict. I .
Italia Sacra, torn. ii. cols. 331, 332. e Diceto, aim. 1142, col. 508.
b Tom. v. ann. 432. n. 93. b Lib. i. Epist cxxxvi, apud Baron.
c Baron, torn. vii. ann. 536 n. 17. torn. ii. ann. 216, n. 15. et torn. vii. ann.
a Brcvic. Liberat. cap. 21. torn ii. 553, n. 7.
concl1-. ' Lib. vii. Epist. cxxix. Indict. 2.
• Lib. i. Epist. xxvii.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 525
doubts of their being as lawful Archbishops as Augustine was.
Giraldus Cambrensis and Hoveden agree a, the Bishops
of St. David's, in Wales, did use the pall, till Samson,
about the time of the Saxons, flying from an infection, car
ried it with him ; yet neither of them report him to have
fetched it from Rome : nor after the wanting it, did the rest
of the Bishops there either refuse his consecratiou, deny
obedience to the See, or make profession to any other, before
Henry I. induced him by force. But to come to the Saxons :
after Paulinus, there are five in the catalogue of York ex
pressly said to have wanted itb (amongst which Wilfred,
that ruled all the north as his Bishopric0), yet are reputed
both Archbishops and saints ; and of others in that series
it will not be easy to prove they ever used it. Albertus VIII.,
bishop about 767, had it not till the seventh year accepti
Fpiscopatusd : nor Adilbaldus or Ethelbaldus XIV.6, ann.
895, till the fourth year postquam acceperat Episcopatum.
An undoubted argument that Canon of Pelagius, recorded
both by Ivof and Gratian8, that no Metropolitan should defer
above three months sending for it to Rome, was never
received in this Church. Gregory the Great saysh, it ought
not to be given, nisi fortiter postulanti: and the same
father with a Council at Rome, ann. 595, decreed, pro
pallio omnino aliquid dare prohibeo? So that in those
times, the one side perhaps did not much urge the taking of
it, nor the other greatly seek after a thing brought small
advantage, and was so far to be fetched.
But after the Court of Rome began to raise to itself
a revenue from other Churches, this pallium, that was no
other than a distinctive ornament, not to be paid for, be
gan to be set at so immense a rate, that Canutus, going to
Rome, 1031 k, did mediate with John XIX. that it might be
more easy to his prelates : in which though he had a favour
able answer, yet in Hen. I.'s time it was so much, the
a Itin. Cambr. lib. ii. cap. 1. Hoved. • Ibid. col. 79, 25. et col. 1698, 57.
ann. 1199, fol. 453. b. f Part. 5. can. 136.
b Thorn. Stubbs in vit. Archiepiscop. " Dist. 100. cap. 1.
Ebor. col. 1697, 2. h Lib. vii. Epist. v.
° Bed. lib. v. cap. 20. Vide lib. iv. ' Lib. iv. Epist. xliv. Ind. 13.
cap. 12. k Florent. Wigorn. p. 395. et Ingulph.
a Sim. Dunelm. Epist. ad Hugonem. fol. 508. a. 53. Malms, fol. 41. b. xxxix.
col. 78, 49. et T. Stubbs. col. 1697, 15.

526 INCREASE OF THE [SIR R. TWYSDEN.
Archbishop of York could not pay the money, without a
heavy debt.3 Matthew Paris doth intimate as if Walter
Gray, translated from Worcester to that see, 1215, had
not his pall at less than 10,000£b. : Accepto pallio (saith
he) Episcopus memoratus rediit in Angliam, obliga-
tus in curia Romand de decern millibus librarum estirlin-
qorum: which was about the silver of 30,000/. now, coin
being then after the rate of 20g?. the ounce. But after-times,
according to the Bishop of Llandaff0, reduced it to the cer
tainty, that each Bishop paid 5000 ducats for it, every one
of the value of 4*. 6d. our money : which yet I do not see
how to make agree with the Antiquit. Brit. Ecclesicsi, that
speaks only of 900 aureos ducatos paid by Cranmer.
But to omit the gain came by the garment, that cer
tainly was a means of drawing a great obligation from all
Archbishops to the Papacy ; for about 1 002, a new oath
de fidelitate et canonicd obedientia was devised, to be ten
dered every Archbishop at the reception of it. For the
more full understanding of which, we are to know, William
I., after he had settled the kingdom in quiet, wholly pos
sessed of it, would not in any kind acknowledge a further
obedience to Rome than his predecessors had6 ; but main
tained the rights of the kingdom in every thing, against the
liking of that Court in many particulars, barring all men for
taking any for Pope, but whom he designed ; insomuch as
after Gregory VII.f, 1084, till 1095, about eleven years,
there was no Pope acknowledged in England ; denying any
to receive letters from thence, but acquainting him with
them, and many more ; of which elsewhere : all which being
exercised by him, were never questioned during his time,
nor while Lanfranc lived after him (though he hath been
ever reputed a holy man). But Anselm succeeding in his
seat, great contentions arose between him and William II.
The King with the nobility pressing him8, as the usage
" Graviter mutuatam, Eadmer. p. 98, • Vide Baron, torn. xi. ann. 1071,
30. n. 2 1 , 25. et inter Lanfranci Epist. vii.
b Mat. Paris, p. 274, 4. p. 304.
c In Catalog. Episc. in fine Archie- f Eadmer. p. 25, 40. Vide Lanfranci
pise, tam Cant, quam Ebor. Epist. ix. p. 329. col. 1. sect. Non
d- Antiq. Britan. Lond. p. 382, 32. laudo.
Hannovia;, p. 327, 48. s Eadmer. pp. 38. 39. per tot.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 527
of the realm, not to depend on Rome as of necessity ; he,
on the other side, declaring all such customs to be contrary
to divinity, right, &c.a, chose rather to live an exile all that
King's time, than any way submit to those customs, had
been practised, never disputed or questioned by any Arch
bishop here before.
But, that Prince being soon after taken away, and Pas
chalis II. succeeding almost at the same time (considering,
as it seems, by what weak bands foreign Bishops were tied
to the Papacy, how easy it was for them to fall from it ;
that Gregory VII.b was not satisfied even with Lanfranc's
carriage in Episcopali honore positus, who restrained his
obedience to canonum prcecepta ; that Anselm alone had
opposed the whole body of the kingdom ; that every pre
late might be neither of his temper or opinions), framed an
oath, the effect of which you may see in Diceto (a.d. 1191°),
and in Matthew Paris and others, the full which every
Archbishop at the reception of the pall was to render.4 At
the tendering this, one in Sicily made a scruple of taking it,
as that Nee ab Apostolis post Dominum, nee in conciliis
inveniri posse statutum ; the like did some in Polonia6, to
whom the Pope answers, as in cap. Significasti (objurga-
torily) quasi Romanes Ecclesice legem concilia ulla prm-
fixerint.1 And going on with the design, whereas at the
assuming of this pall by Anselm, 1095, it was no otherwise
than thus, Pallium super altare delatum ab Anselmo as-
sumptum est, atque ab omnibus pro reverentid Sancti Petri
suppliciter deosculatum, fyc? ; at the taking of it by Raulf,
1115, his immediate successor, we find it with this addition,
Sicque delatum super altare salvatoris pallium est, et a
Pontifice inde susceptum, facta prius Romano Pontifid de
a Eadmer p. 40, 5. 32. tum Romanae Ecclesiae et regulas Sanc-
b Lanfranc. Epist. viii. p. 305. col. 1. torum Patrum adjutor ero,"&c; but Or-
c Col. 663, 6. dericus Raynaldus (torn. xiii. ann. 1233,
d Note, where you read in the lives of n. 65). citing out of the records in the
the Abbots, p. 140, 22. regalem, and in Vatican the oath St. Edmund, Arch-
his Hist. p. 414, 22. regalis, both should bishop of Canterbury, took, reads it
be regalia, for so we find it at the end of rightly regalia.
the Council of Vienna (torn. iv. concil. • Baron, torn. 12. ann. 1102,n. 6, 7,8.
gen. Roma; 1608, et 1612), agreeing with f De Electione et Electi Potestate,
an old copy of that oath I have seen cap. iv.
in the Exchequer, which the Decretals 8 Eadmer. p. 34, 33.
de Jurejurando, cap. 4. read thus : "Papa-

528 INCREASE OF THE [SIR R. TWY'SDEN.
fidelitate et canonicd obedientia professione. Deinde pro
reverentia beati Petri ab omnibus deosculatur, &c.a Which
profession being never met with as made by any Archbishop
of Canterbury, before, but frequently after by such as were
his near successors, as Thomas a Becket, Baldwin, &c.b, we
must conclude him to have been the first from whom it
hath ever been required. I know Bellarmine0 interprets a
Bishop's returning out of schism (602), and voluntarily by
oath promising to live in communion with the Pope, to be a
swearing of obedience to that chair : but certain there is a
difference between obeying and living in communion (of
which see Chap. VII. n. 4.), between an oath enforced, and
one voluntarily taken. After this, as ways to augment the
Court, many privileges were annexed to it ; as that none be
fore his receiving that ornament might convocate Councils,
make chrism, dedicate Churches, ordain Clerks, consecrate
Bishops4, that being Pontificalis officii plenitudoe, till he
had it, none to be styled an Archbishop ; things added after
men holding a necessity of seeking it, did so much contribute
to the Papal advantage, both in point of honour and profit.
For it is manifest, Lanfranc, Anselm, and Raulf did dedi
cate Churches f, consecrate Bishops and Abbots8, and were
called Archbishops'1, whilst they wanted it.
Now the ice broken, this oath (at first required only of
Archbishops when they took the pall) was by Gregory IX.1,
mutatis mutandis, imposed on Abbots and Bishops. About
1235, came into England occulta clausa sub bulla*', the like
to which had not been seen1, was proffered to John XXIII.,
abbot of St. Alban's, unacquainted with it, when he could
not ab Md obligatione resilire™ ; who is therefore noted,
that primo invitus et dolens Romanorum jugum subiit ser-
vitutis11, and that prce omnibus Romanorum oppressionibus
novis et inauditis coepit molestari, fyc? The thing I find
a Eadmer. p. 113, 43. f Eadmer. p. 22, 19.
b Diceto, col. 534,8. Ger. Dorob. col. s Ibid. p. 6, 46. 23, 31. 1 1 1, 6, ] 8, 32.
1307, 2. h Ibid. p. 23, 42. Ill, 32, et passim
c De Rom. Pont. lib. iii. cap. 11. apud Historicos.
sect. Juramentum. ' De Jurejurando, cap. 4.
d De Elect, et Elect. Potest, cap. 28. k Mat. Paris, Vit. Abbat. p. 140, 31.
sect. 2. verbo prtfterea. l Mat. Paris, Hist, major, p 410, 39.
8 De Auctor. et Usu Pallii, cap. 3. m Vit. Abbat. p. 140, 39.
Vid. concil. Lateranense sub Innocentio n Ibid. p. 141, 49.
III. cap. 3. ° Ibid. p. 142, 1.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 529
of greatest exception is, the obligation enjoining them to
visit Rome, which being in pursuance of the 26th chapter of
the Council of Lateran, held only twenty years before, is
censured damnum, gravamen, prcejudicium, injuria, jactura*,
as that which altered the nature of the Church, which had
been from the foundation libera et ingenua, and was thus
brought to serve the ends of the Court of Rome. Truly
after this I cannot see how there can be said to have been
a free Papal Council in Europe, when such as it consists of
(being, for the most, Bishops and Abbots) come with so
high an obligation as an oath to defend the usages of Rome,
under the title of Regalia Sancti Petri. In pursuance of
which the Council of Trent" did expressly charge all Patri
archs, Archbishops, Bishops, and others, who in future should
meet in provincial Synods, that veram obedientiam summo
Romano Pontifid spondeant, et profiteantur. I wish it
had expressed what that had been.
To return to that I was treating of. This visiting the
Roman Court, however much pressed on this Monastery of
St. Alban's, yet was ever excused till 1290. John III. and
25th Abbot was forced to go thither for his confirmation ;
but because the book is not printed, I will give you my
author's own words ° : Johannes de Berkhamsted, vir reli-
giosus et honestce conversationis hie in crastino concep-
tionis beatce et gloriosce virginis Maries scilicet quinto idus
Decembris, anno Domini MCC. nonagesimo, per viam
compromissi de gremio Ecclesice concorditer electus, ad
curiam Romanam primus omnium abbatum hujus Ecclesice
pro confirmatione electionis sues obtinendd, personaliter
accessit, ibique confirmatus est a summo Pontifice Nicholao,
et a venerabili L. Ostiensi Episcopo et Cardinali apud
urbem veterem munus accepit benedictionis ; et sic data
maxima pecunia Popes, et Cardinalibus, et aliis de curia,
quam de mercatoribus Popes duris conditionibus ex mutuo
recepit, ab Ma insatiabili curia evasit, expletisque negotiis
domum redire festinavit, <fyc. By which we may see who
of this house went on this occasion first thither, and why it
a Mat. Paris, Vit. Abbat. p. 133, 23. " Vita; Abbat. St. Albani MS. in Jo-
141, 52 56. hanne III. Abbate 25.
" Sess. 25. cap. 2.
VOL III. M M

530 INCREASE OF THE [SIR R. TWYSDEN.
was so earnestly urged from thence. As for the Monastery
of St. Augustine's, by reason of the often contentions with
the Archbishop, the monks there were much more prone to
yield obedience to Rome (who maintained them for the most
against him) than these other were ; yet the first of them
I find to have taken this oath was Roger II., elected abbot
1253. a For though the benediction of Robertus de Bello,
1224b, were at Rome, where he gained the abbacy, yet
there being no mention of any oath presented to him then,
we must think it came in afterwards. But for the fuller
understanding how this visiting the Roman Church came
in, the reader will give me leave a little to digress.
Christians in all ages have esteemed it a point of sin
gular piety and devotion, for any ghostly Father or Doc
tor to have a care of those to whom they have the relation
of being a spiritual superior, either by planting Christian
religion amongst them, reducing them out of error, or
otherwise some engagement on them. St. Paul sent for the
elders of Ephesus to come unto him at Miletus, from whom
they received those wholesome instructions we read in the
Acts of the Apostles0; and according to this example there
are divers exhortations in the writings and Epistles of the
Fathers. Before the year 517, a Council held at Tarra
gona, in Spain, did ordain, that every Bishop, impletis
duobus mensibus, se Metropolitani sui reprcssentet aspec-
tibus ut ab Mo monitis Ecclesiasticis instructus, plenius quid
observare debeat recognoscat : quod si forte hoc implere
neglexerit, in Sgnodo increpatus a fratribus corrigatur?
Agreeing to which, Justinian, in the year 541, did establish
by law, that, for the better observance of the Ecclesiastical
rules, every Archbishop, Patriarch, and Metropolitan, sanc-
tissimos Episcopos sub se constitutos in eddem Provincia
semel aut secundo per singulos annos ad se convocare? And
Pope Zacharyf, ann. 743, in a Council at Rome, Omnes
Episcopi qui hujus Apostoliccs sedis ordinationi subjacebunt,
qui propinqui sunt, annue idibus mensis Mali sanctorum
Principis Apostolorum Petri et Pauli liminibus prcesen-
tentur, omni occasione sepositd, &c. 8 After which, Charles
a Wm. Thorn, col. 1899, 22. ' Novel. 123. cap. 10.
b Ibid. col. 1880, 3. f Baron, torn. ix. ami. 743. h. 19.
c Acts, xx. 17. to the end. e Capit. Car. &c. lib. vii. cap. 108,
a Cap. 5. torn. i. Concil. 109.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 531
the Great did by law ordain, ut unusquisque Presbyter per
singulos annos Episcopo suo rationem ministerii sui reddat,
tarn de fide Catholicd, quam de Baptismo, atqae de omni
ordine ministerii sui.
About which time, Boniface, an Englishman, the Pope's
Legate in Germany, and Archbishop of Mentz, in a Council
held in Germany (the decrees whereof he sent to Cuthbert,
then in the seat of Canterbury), declaring how great the
care of the Metropolitan ought to be of those under
him", shows how every Presbyter should, once a year, in
Lent, give an account to his Bishop, who was to instruct
him, and with such things as he could not correct himself,
to acquaint the Archbishop in a Synod ; ut si Sacerdotes
vel plebes a lege Dei dccidsse viderim, et corrigere non
potuerim, fidelitcr semper secli Apostoliccs et vicario Sancti
Petri ad emendandum indicaverim: sic enim, ni fallor,
omnes Episcopi debent Metropolitano, et ipse Romano
Pontifid, si quid de corrigendis populis apud eos impossi
ble est, notum facere, et sic olieni fient a sanguine anima-
rum perditarum. Cuthbert, according to this advice, doth
appoint the proceedings of the Bishop to be to the Arch
bishop, in the same words he had received it from Boniface ;
but passeth no further to the Pope'1: an undoubted argument,
it was not then usual in England. I have touched before,
the Conqueror did suffer no other correspondency with Rome
than what he liked ; Paschalis II. quarrelled with Hen. I.°
that Nullus inde clamor : to prevent which, this visiting
Rome was, at the very first, inserted into the oath of an
Archbishop, who, being head of the Province, all the rest
might have the same dependence.
But because this did not reach such houses and persons
as were exempt from the jurisdiction of the Ordinary, ac
knowledging no superior but the Pope, the Council of Lateran
under Innocentius III., 1215, provided11, such as pertained
immediately to his rule should present themselves before
him, for confirmation, si commode potest fieri ; which was
here misliked. But this Council speaking not home, in that
" Concil. Spelm. p. 237, 23S. c Eadmer. p. 1 1 :'>, 2.
b Confer Concil. Spelm. p. 2:>S, sect. '• Tom. iv. Concil. Gen. Rom.
Ut Episcopi, et p. 251. cap. 25. M M 2

532 INCREASE OF THE [SIR R. TWYSDEN.
it tolerated the sending personas idoneas, per quas diligens
inquisitio super electionis processu et electis possit haberi*,
&c, to make the excuse (and being itself, as I shall show
hereafter, not much regarded till Gregory IX., nephew to
Innocentius, inserted it for the most into the Decretals, and
framed, as I have said, an oath too, for the stricter obligation
unto him), it was again urged by Alexander IV., ut qui-
libet qui in Abbatem exemptum extunc eligeretur, Romanam
curiam adiret confirmandus et benedicendus0 : which the
same author styles Statutum enorme and cruentissimum?
And whereas some, finding the burthen of running to Rome,
had obtained, as a privilege from thence, ut non teneantur
sedem Apostolicam usque ad certa tempora visitor e, contra
f or mam prozstiti juramenti, ex quo Mud evenit inconveniens
quod Apostoliccs sedis dignitas rarius visitatur, in deroga-
tionem reverential quce ab omnibus debetur eidemd, &c, the
same Pope, therefore, revokes all manner of such concessions
to whomsoever formerly granted. In which year, or per
haps, 1258, Simon (elected Abbot of St. Edmundsbury),
confirmed by Alexander IV., 22nd October, is noted to have
been primus exemptorum in Anglid ad curiam Romanam
pro sua confirmatione vocatus?
Yet the Court of Rome, however thus earnest at first
(either perceiving it ill relished abroad, and that forcing
sudden mutations in religion not to be of so good conse
quence), in her prosecution was more moderate. On Roger,
the 24th Abbot of St. AlbanV, 1263, I do not find it at all
pressed : his successor, John XXV., I have shown, was the
first went thither for it. So likewise Philip8, Abbot of
Westminster, 1258, obtained the favour to stay at home,
and Richard Ware, his successor, fetched his consecration
first thence. But after the Court was fully in possession of
what turned so much to her advantage, an excuse was hard-
lier admitted11 ; and if any did obtain the favour to stay at
home, he paid a good round sum for it. It is remembered,
0 Cap. 26. Concil Lateran. e Monasticon Anglicanum, p. 296.
b Mat. Paris, ann. 1257, p. 951,41, col. 1.
44. f Vita; Abbat. MS.
c P. 956, 7. e Mat. Paris, p. 972, 51.
d Reynald. Annal. Eccles. torn. xiv. h W. Thorn, col. 2185. et sequent.
ann. 1257. ¦.. 50. col. 2153,46.

•SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 533
Michael, Abbot of St. Augustine's, elected 1375, did give
Papa? et Cardinalibus ut possit benedici in Anglid, 183^.
2.S. 6d., aud accordingly some other. The Papacy having
by these ways abated the power of the Archbishop, found
it easy, his lett removed, to bring the rest of the clergy
wholly to depend upon it, by raising whom it liked to oppose
that Prelate, who were bound to maintain the Papal authority,
which supported them in what they did, and wringing the
investitures (so far as lay in their power) out of the hands
of Princes, to interest the Pope and his party in several
particulars, under the notion of being matters Ecclesiastical ;
by which he brought the elections of Bishops solely to the
convent, excluding both King and others, and became as
patron of most Spiritual promotions in England : which
form he yet laboured in the end to break too, by reducing all
to his own gift. a For the understanding of which, as not
impertinent to that I treat of, it will be necessary to look a
little higher.
When any place became destitute of a Bishop, it is
certain, in the primitive Church, the lay as well as the
clergy did concur in nominating who were to succeed in
the charge ; that he who was to have the inspection of all,
might not be brought into it with the repugnancy of any.
And this custom was so general, as St. Cyprian b and thirty-six
Bishops more, meeting in Council about the year 255, writing
to certain in Spain, spake as if it did descend de divino
auctoritate. It is not to be doubted but this course gave,
sometimes, opportunity to ambitious and contentious spirits
(as St. Augustin calls them6) of troubling the Church's
peace : and therefore, the Council of Laodicead, before the
year 360, did appoint the elections to priesthood not to be
by multitudes6 ; and divers holy Bishops desiring peace
might continue after them in their flock, were careful, or ever
they died, to know the person who was to succeed in their
chair. Severus, Bishop of Mela, in Africaf, had expressed
a Card. Offat. Epist. ccxcvi. Rom. d Cap. 13.
22d December. 1601. e Turbis, et apud Gratianum, dist.
° Cypr. Epist. lxviii. u. 4. edit. Pa- 63. cap. 6.
melii. ' Milevis.
c Epist. ex. M M 3

534 INCREASE OF THE [SIR R. TWYSDEN.
to the clergy only, whom he thought fit to have been
admitted after him to his episcopacy. This was likely to have
bred some stir, in respect that the people were not acquainted
with it; had not St. Augustin3, by his pains and wisdom,
allayed the dispute: to avoid which, that good man nominated
one Eradius for his successor, whom the people, with loud
acclamations, approved.
This concurrence, or joining of the lay with the clergy
(that qui prcefuturus est omnibus ab omnibus eligatur, as
Leo speaks b) in choice of Bishops, I do no way question to
have continued in the Church till after Charles the Great,
in whose capitulars we find, Ejnscopi per electionem cleri
et populi eligantur0 ; and to have been sent hither by Gregory
the Great, who in his Epistles makes often mention of itd,
as we do find steps of it in our own historians,6 Yet certainly,
however, there might be some formalities of the people : the
chief of elections here ever depended on the Prince ; as may
be gathered by that speech of Wolstan to the Confessor's
tomb, that he had compelled him to take the pastoral staff. f
And Edward III. wrote to Clement VL, Cathedrales . . .
Ecclesias progenitores nostri dudum singulis vacationibus
earundem personis idoneis jure suo regio libere conferebant,
et postmodum, ad rogatum et ad instantiam dictce Sedis,
sub certis modis et conditionibus concesserunt, quod electiones
fierent in dictis Ecclesiis per capitula earundem g, &c. So
likewise in the Parliament of 50 Edw. III., the Commons
show, the king and great men were formerly in peaceable
possession of giving preferments in Holy Church. But I
will give the words themselves, because I will nor err in the
translation. Le Roy et les yrandes . . . fuerent en peisible
possession de doner les Esvesches et les benefices de Seint
Esglise, come lefest le Roy St. Edward, qe dona I'Evesche
de Worcestre a Seint Wolston ; et puis par devotion des
Roys fust, et par la Courte de Rome conferme, qe les Cathe-
dralx Esglises averoient frank election de lour Prelatz, solonc
a August. Epist. 110. • Vide continuat. Flor. Wigorn. ann.
b Leo, Epist. 89. cap. 5. 1128, p. 506. ann. 1139, p. 532.
c Caroli Magni Capit. lib. i. cap. f Ailred de Miraculis Edwardi, col.
84. 406, 37.
d Lib. ii. Epist. 26. Ind. 10. Epist. Epist. Edwardi III. apud Walsingh.
22, 26. Ind. II. et alibi. p. 151, 40. ann. 1343.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 535
la ley de Dieu et de Seint Esglise, ent ordeigne perpetuel-
ment a durer*, &c, and a little after, Les Roys de Engle-
terre foleient doner Eveschez et autres grantze dignites
trestouz, come il fait aujourdui Esglises parochiels, et le
Pope ne se medlast de doner mil benefice deinz le Royalme
tanqez deinz href temps passe b, &c.
And this to have been likewise the custom .in France,
the complaint of the French Ambassador to Innocentius IV.
assures us. Non est multum temporis (saith he) quod Regis
Francorum conferebant omnes Episcopatus in camera sua °,
&c, and our writers do wholly look upon the placing Lan
franc in Canterbury as the king's act d, though it were not
without the advice of Alexander II.6 Neither did Anselm f
ever make scruple of refusing the Archbishopric, because he
was not chosen by the monks of Canterbury ; and in that
letter of them to Paschalis II. (1114), though they write
Raulfin pressentid gloriosi Regis Henrici electus a nobis
et clero et populo ; yet whosoever will note the series of
that election 8, cannot see it to have been other than the
king's act ; insomuch as our writers use often no other
phrase than the king gave such preferments11, &c. And
whilst things stood thus, there was never any interposing
from Rome, no question who was lawfully chosen : the
Popes therefore did labour to draw this from the princes
meddling with as much as was possible. Some essay might
be 1108, at the settling investitures, for then Anselm wrote
to Paschalis, Rex ipse in personis eligendis nullatenus pro
pria utitur voluntate, sed religiosorum se penitus committit
consilio. * But this, as the practice proved afterwards, was
no more but that he would take the advice of his Bishops,
or other of the Clergy : for, as Diceto well observes k, our
king did in such sort follow the Ecclesiastical Canon, as
they had a care to conserve their own rights. The fittest
way therefore for the Pope to get in was, if there should
a Rot. Pari. 50 Ed. 3. u. 94. Florent. Wigor. p. 436. ann. 1070. Sim.
b Ibid. n. 111. Dunelm. col. 202, 6.
c Additamenf. Mat. Paris, MS. in e Eadmer. p. 6, 41.
Bibliotheea Cotton, fol. 135. a., cui ini- f Vide ibid. p. 16, 48. 17, 18.
tium Dicturus, &c, of which hereafter. e Ibid. p. 109, 40. &c.
d A. Willielmo Lanfrancus electus h Hunt. lib. vii. fol. 219. a. 1.
est. Malms, fol. 116, b. 38. Rex consti- • Apud Eadmer. p. 93, 42.
tuit Lanfrancum Archiepiscopum Cant. k Ann 1 175. col. 587, 21.
M M 4

536 INCREASE OF THE [SIR R. TWYSDEN.
happen any dissensions amongst themselves, that he, as a
moderator, a judge, or an arbitrator, might step in.
About the Conquest, an opportunity was offered on the con
tentions between the two Archbishops for primacy ; in which
Canterbury stood on the Bulls (true or false) of former
Popes a, that had as a great Patriarch made honourable men
tion of them. When they were both, 1071, with Alexander
II. b, by his advice it was referred to a determination in Eng
land ; and accordingly in 1072 William I. with his Bishops
made some settlement, which by those of York was ever
stumbled at, pretending that the King, out of reason of state,
sided with Canterbury. ° But this broke into no public con
test till 1116. Thurstan, elected to York, endeavoured at
Rome to divert the making any profession of subjection to
Canterbury d, but failing in the attempt (that Court not liking
to fall into a contest it was not probable to carry) resigned
his Archbishopric, spondens Regi et Archiepiscopo, se dum
viveret non reclamaturum : yet after the clergy of York e
sued to the Pope for his restitution, which produced that
letter from Paschalis II. in his behalf to Hen. I. which is in
Eadmerus ; wherein he desires, if there were any difference
between the two Sees, it might be discussed in his presence.
Which was not hearkened to ; but Calixtus II. in a Council
by him held 1119 at Rheims f (of which before) (the English
Bishops not arrived, the King's agent protesting against it,
the Archdeacon of Canterbury, telling the Pope that/wre he
could not do it), consecrated him Archbishop of York : upon
which Henry prohibits him all return into his dominions.
And in the interview soon after at Gisors, though Calixtus
earnestly laboured the admitting him to his See, the King
would by no means hearken to it. So the Pope left the
business as he found it, and Thurstan to prove other ways to
gain the Archbishopric.
Who thereupon became an actor in the peace about that
time treated between England and France : in which his
comportments were such, that proniorem adsese recipiendum
" Vide eas apud Malmsburiensem, d Eadmer. p. 118,5,15.
fol. 118. a. 32. e Ibid. p. 120, 50. 121, 6.
b Lanfranc. Epist. 3. p. 301. f Ibid. p. 125.
c Stubbs de Arch. Ehor. col. 1706,31.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 537
Regis anintum infiexit* ; so as upon the Pope's letters he
was afterwards restored, ed dispositione, ut nullatenus extra
provinciam Eboracensem divinum offidum celebraret, donee
Ecclesice Cantuariensi, 8yc. satisfaceret? This I take to be
the first matter of Episcopacy that ever the Pope (as having
a power elsewhere of altering what had been here settled)
did meddle with in England. It is true, whilst they were
raw in Christianity, he did sometimes recommend pastors to
this Church : so Vitalian did Theodore ° : and further showed
•himself solicitous of it, by giving his fatherly instructions to
the English Bishops to have a care of it ; so did Formosus, or
some other, by his letters (904d), upon which Edward the elder
congregated a Synod, wherein five new Bishops were con
stituted, by which an inundation of Paganism ready to break
in on the West for want of pastors was stopped. But it is
apparent, this was done not as having dominion over them ;
for he so left the care of managing the matter to their dis
cretion, as he did no way interest himself in it further than
advise. A meeting of English Bishops (1107), at Canterbury, or
(as Florentius Wigorniensis styles it) a Council, restored
the Abbot of Ramsey, deposed 1102, jussu Apostolico?, or,
as Eadmerus, juxta mandatum Domini Popes? It is
manifest, this command from Rome to be of the same nature
as those I mentioned of Calvin's8, or, at the most, no other
than the intercession of the Patriarch of a more noble See to
an inferior, that by his means had been converted ; for his
restitution (after the reception of the Papal letters) seems to
have been a good while deferred h, so that what passed at
Rome did not disannul his deprivation here, till made good
in England, as at a time when nothing thence was put in
execution but by the Regal approbation, as the Pope himself
complained to the King.1 But after the Church of Rome,
with the assistance of the English clergy, had obtained all
a Sim. Dunelm. ann. 1120. col. 242, ann. 894 (n. 11.): but at that time Ed-
25. ward was not King.
b Eadmer. p. 136, 43. d Flor. Wigorn. p. 479.
c Beda, lib. iv. cap. 1. f Eadmer. p. 92, 14.
d Malmsbury (fol. 26. a. 33.) says e Vide supra.
this was aim. 904, but that agrees not h Hoc per literas olim mandaverat.
with Formosus's Popedom ; Baronius, Eadmer.
therefore, corrects it (torn, x.), and makes ' Eadmer. p. 113. 115.

538 INCREASE OF THE [SIR R. TWYSDEN.
elections to be by the Chapters of the cathedrals, upon every
scruple she interposed herself.
The greatest part of the Convent of London, 1136, chose
Anselm3, Abbot of St. Edmundsbury, for their Bishop, con
trary to the Dean's opinion and some few of the Canons,
who appealed to Rome, where the election, 1 1 38, was dis
annulled ; the Bishopric by the Pope recommended to Win
chester, his then, or rather soon after, Legate, which so
remained till 1141. This is the first example of any Bishop
chosen, received and in possession of a Church in this king
dom, whose election was after quashed at Rome, and the
sentence obeyed here, as it is likewise of any commendam
on Papal command in the Church of England, all of which
seems to have passed with the King's concurrence.
For to deprive William b, elected somewhat after Arch
bishop of York, where he did not join, was not so easy.
This man, chosen 1 142, by the greater part of the Chapter,
after five years' suit in the Court of Rome, St. Bernard op
posing him °, had, in the end, his election annulled by Eu
genius III., in a Council held at Rheims. The Canons of
York exhorted to choose another, some of which made
choice of Henry Murdack, then, as it seems, with the Pope,
who, coming as Archbishop into England, was not suffered
to enter on his Archbishopric, and excommunicating Hugh
de Puzat, a person preferred by William, was himself by
him excommunicated, no intermission of divine service in the
city admitted ; and Henry's means to gain his See was, by
drawing the Bishop of Duresme, Carlisle, the King of Scots,
and, by the Pope's advice, this very Hugh by sweetness to
his party, and in the end by the King's son (whom, it seems,
he promised to get advanced to the Crown by the power of
Rome) making his peace with Stephen, who soon after
employed him thither on that errand. And this I take to
be the second English election that was ever here annulled
by Papal authority.
Here I may observe, that at first, whenever the Pope
made void an election, he did not take upon him to appoint
" Diceto, col. 506, 507. c Bernard. Epist. 106, 234, 235, 237,
b Vide Joan. Hagulstad. ab ann. 1142. 238.
ad ann. 1 152

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 53Q
another in the place vacant, but either sent to the clergy of
the same Church to choose auother, as those to whom it
appertained : so did Eugenius III. to York, when this
H. Murdack i was chosen ; Innocentius III. when Stephen
Langton b, or else the Bishopric lay vacant, as London after
Anselm0, from 1139 to 1141. But elections being, with
much struggling, settled wholly in the clergy, and Inno
centius III. having, by definitive sentence d, excluded the
English Bishops from having any part in that of the Arch
bishop of Canterbury, they becoming wholly appropriated to
the Chapters of Cathedrals, the Pope began to creep in, and
ex concessa plenitudine Ecclesiasticce potestatise, as he speaks
without any formality of choice, to confer not only Bishoprics,
but other ecclesiastical promotions, within precincts of other
dioceses, and by that means to fill the fat benefices of the
nation. The first Archbishop of Canterbury promoted by
this absolute power of the Church of Rome seems to have been
Richard, 1229, non electo, sed dato ad Archiepiscopatum?
The French agent g, in his remonstrance to Innocent IV.
attributes the beginning of these collations to Innocent III. ;
and I have not read that either Paschalis II., Gelasius,
Calixtus, or Innocent II., though forced to live sometimes
out of Rome, did ever exercise authority that way. But
I will give it in his own words.
Certe non multum temporis elapsum est, ex quo Dominus
Papa Alexander, persecutionis cogente incommodo, venit in
Franciam, confugiens ad subsidium inclytce recordationis
Regis Ludovici patris Regis Philippi ; a quo benigne sus-
ceptus est, et stetit ibi diu ; et forte vivunt aliqui qui
viderunt eum : ipse tamen in nullo gravavit Ecclesiam
Gallicanam, ut nee unam solam prcebendam aut aliud bene-
ficium ipse Papa dederit ibi, sed nee aliquis prcedecessor
suus, nee multi etiam de successoribus dederunt in sua
auctoritate beneficium aliquid, usque ad tempora Domini
Innocentii III qui primus assumpsit sibi jus istud in tem-
a Jo. Hagulst. col. 276, 8. f Mat. Paris, p. 355, 44.
b Mat. Paris, ann. 1207. p. 222, 40. g Additament. Mat. Paris, MS. in
c Diceto col. 507, 53, et 508,20. Bibliotheca Cotton, fol. 135. cui initium,
d Mat. Paris, ann. 1206. p- 214, 44. Dicturus quod injunetum est mihi.
• Bulla Greg. IX. apud Mat. Paris,
ann. 1229. p. 355, 46.

540 INCREASE OF THE [SIR R. TWYSDEN.
pore suo : revera dedit multas prcebendos, et similiter post
ipsam Dominus Honorius et Dominus Gregorius simili
modo fecerunt ; sed omnes prcedecessores vestri, ut publice
dicitur, non dederunt tot beneficia ut vos solus dedistis, Lye.
In what year the Ambassador from France made this
complaint, is not set down : but Mat. Paris in his Historia
minor, makes mention of it as done in or about 1252.a
Diebus sub eisdem, Episcopo Lincolniensi computante,
compertum, et probatum est quod iste Papa, scilicet Inno
centius IV. , plures redditus extortos ad suam contulit
voluntatem, quam omnes ejus prcedecessores ; prout mani-
feste patet in lugubri querimonia quam reposuerunt Franci
coram Papa pro suis intolerabilibus oppressionibus, quce
redacta est in scriptum Epistolce admodum prolixce, quce sic
incipit, Dicturus quod injunctum est mihi, tyc., quaere Epis-
tolam, tyc. By which it appears, that great liberty the
Papacy took in conferring Ecclesiastical preferments within
the dioceses of others, took its rise from Pope Innocent,
and, as it seems to me, not at the very beginning of his
time ; for in 1199, Gelardus, Archdeacon of St. David's,
coming from Rome, quia idem G. Menevensis Ecclesice in
curia Romano se dicebat electum, hoc ipsum cassavit Archi-
episcopus et alium sacravit canonice electum b ; though he
after bestowed on him a Church of twenty-five marks : and
this in a case the Pope had so earnestly espoused, as he
wrote to the Bishops of Lincoln, Duresme, and Ely, si
Archiepiscopus Cantuarice soepe dictum Gilardum conse-
crare differret, ipsi Apostolica authoritate freti ilium con-
secrare non dififerrent : which yet the Archbishop, as against
the English liberty, did not doubt to oppose, and disannul.
But thus it continued not long ; for Honorius, the imme
diate successor to Innocentius III., showing such as served
the Apostolic See, and resided with it, were worthy congruis
beneficiis honorari" ; and were therefore possessed of divers
both in England and other parts, which they did administer
with so great care, quod non minus beneficiantibus quam
a Mat. Paris, Hist, minor, ann. 1252. c In antique MS. Bullarum Romano-
p. 287. fol. 143. b. col. 1. MS. in Bib- rum Pontificum Archiepisc. Cant. Bulla
liotheca Regia Westmonast. 6. Honor. III.
b Ii. Hoved. fol. 453. b. 39. 454. b. 2.
Ger. Dorob. col. 1682, 27. in vita Huber.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 541
beneficiatis utiliter est provision ; wide, quia nonnunquam
beneficiatis hujusmodi decedentibus, beneficia quce obtinue-
rant, inconsultis iis ad quos eorum donatio pertinebat,
aliis successive collatis, perpetuo illis ad quos pertinent
videbantur amitti, propter quod etiam murmurabant plu-
ritni, et alii se difficiliores ad conferendum talibus bene
ficia exhibebant : Nos volentes super hoc congruum remedium
adhibere, ne cuiquam sua liberalitas sit damnosa, per quam
potius meruit gratiam et favorem, statuimus, ut clerids
Ecclesice Romanes, vel aliis Italicis, qui prcebendos vel
Ecclesias, seu alia Ecclesiastica beneficia in Anglid obtinent
vel obtinuerint d modo decedentibus, Prcebendce vel Ecclesice,
seu alia beneficia nequaquam d nobis vel alio Hid vice alicui
conferantur, sed ad illos libere redeant ad quos illorum do
natio dignoscitur pertinere, tyc. Dat. Lateran. quarto Ka-
lend. Martii, Pontificatus nostri anno quinto. a
Yet neither this, nor the renewing of it by Gregory IX.
with a special indulgence directed venerabilibus fratribus
universis Archiepiscopis et Episcopish, ac dilectis filiis Ab-
batibus, et aliis Ecclesiarum Preslatis per Angliam con
stitutis . . . ut si quando ad vos Uteres Apostoliccs pro bene-
ficiandis hujusmodi de ccetero emanarunt, ad provisionem
ipsorum inviti non teneamur, nisidehdc inclulgentid plenam
fecerint mentionem. Dat. Lateran? 15 Kalend. Mail,
Pontificatus nostri anno quarto, &c, could quiet the English,
or keep them from that consideration in Mat. Paris, 1231,
beginning Tali Episcopo et tali capitulo Universitas eorum
qui magis volunt mori quam a Romanis confundi, &c. d
Which the Popes, by wisdom, and joining the regal authority
with their spiritual, found means to bring to nought ; and pur
suing the Papal interest without regarding what had passed
from them, gave the kingdom occasion (1241) to observe
that in only three years Otho had remained Legate here 6, he
bestowed more than three hundred spiritual promotions, ad
suam vel Papce voluntatem ; the Pope having contracted
(as the report went) with the Romans f, to confer to none but
, 26th Febr. 1221. ' Mat- Paris, ann. 1241. p. 549, 18,
b In eodemMS. Gregor. IX. Bulla 3. 22. &c.
c April 17. ann. 1230. f Idem, ann. 1240. p. 532, 43.
d Mat. Paris, p. 371, 18.

542 INCREASE OF THE [SIR R. TWYSDEN.
their children and allies the rich benefices here, especially of
religious houses (as those perhaps he had most power over),
and to that effect had written to the Bishops of Canterbury and
Salisbury, ut trecentis Romanis in primis beneficiis vacan-
tibus providerent. So that in the Council at Lyons (1245),
they complain of these exorbitances, and show the revenues
the Italians received in England not to be less than sixty
thousand marks a ; of which more hereafter b: and in the year
following (1246), reiterated their griefs to Innocentius IV.
quod Italicus Italico succedit? Which yet was with little
success: for the Popes having (as we have heard) first
settled all elections in the Ecclesiastics, and after, upon several
occasions, on the submitting of the English to his desires,
bestowed the benefices in this and other kingdoms on his
dependents, John XXII.d (or, as some seem to think", Cle
ment V. his immediate predecessor) endeavoured the breaking
of election by cathedrals and convents, reserving the free
donations of all preferments to himself alone.
From whence proceeded the reiterated complaints against
Papal provisions, in the Parliaments of Edward III. and
Richard II. ; for this kingdom never received his attempts in
that kind : to which purpose the history of John Devenish
is remarkable/ The Abbot of St. Augustine's dying 1346,
20 Edw. 3., the Convent, by the King's leave, chose William
Kenington ; but Clement VL, by provision, bestowed the
Abbacy on John Devenish, whom the King did not approve
of, yet came thither armed with Papal authority. The Prior
and Convent upon command absolutely denied him entrance,
ingressum monasterii in capite denegando s ; who thereupon
returned to Avignon. The business lying two years in agi
tation, the King in the end, for avoiding expenses and other
a Apud Mat. Paris, p. 667, 36. Thomas Fyndon preferred to be Abbot
b Cap. 4. n. 17. there by Martin IV., who, on the re-
c Mat. Paris, ann. 1246. p. 669, 9. ceipt of the Papal Bulls, acquainted
d Card. Ossat. Epist 296. dat. Rom. Edward I. with what had passed at Rome,
.601. December 22. himself being in England; yet by com-
• Rot. Pari. 3 R. 2. n. 37. mand the house was seized into the
f W. Thorn. 2082, 2. et sequent. King's hand, and he at the Parliament
Vide Walsingham, ann. 1374. p. 184, 1. held at Acton Burnell fined at 400
Thorn, ann. 1373, col. 2187, 57. marks, pro eo quod sic fuerat creatus in
e See the History of Nicholaus de Abbatem, licentia Domini Regis minime
Spyna resigning the Abbey of St. Au- petita. Thorn, col. 1939, 1. et 1934.
gustine's, and on his nominating him,

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 543
inconveniences, ex abundanti concessit ut, si idem Johannes
posset obtinere a summo Pontifice quod posset mutare styhim
suce creationis sive provisionis, scilicet non promoveri Ab-
batia presdicta ratione donationis vel provisionis Apostoliccs,
sed ratione electionis capituli hujus loci, ilia vice annueret,
etsuis temporalibus gaudere permitteret : sed quidem hujus
modi causa coram ipso summo Pontifice proposita, con-
cluendo dixit, se matte cedere Pontificio, quam suum decre
tum taliterrevocare3', &c. Which so afflicted the poor man,
as the grief killed him on St. John Baptist's Eve, 1348,
without ever entering the abbey; and the dispute still con
tinuing, the Pope, 1 349, wrote to the King, Ne Rex im-
pediret, aut impediri permitteret promotos a curia per
bullas acceptare beneficia sibi taliter incumbentia? To
which his Majesty answered, Quod Rex bene acceptaret
provisos clericos qui essent bones conditionis, et qui digni
essent promoveri, et alios non.
But the following year (1350), 25 Edw. 3. the Commons
meeting in Parliament complain with great resentment of
these Papal grants0, showing the Court of Rome had re
served to itself both the collation of abbeys, priories, &c, as
of late in general all the dignities of England and prebends
in cathedral churches, &c, upon which the Statute of Pro
visors was in that Parliament enacted ; which was the
leader to those other statutes 27 & 38 Edw. 3. The 48
Edw. 3. 1374, the treaty between Edward III. and Gre
gory XI. was concluded after two years' agitationd, wherein
it was expressly agreed, quod Papa de ccetero reserva-
tionibus beneficiorum minime uteretur, cfc. Notwithstand
ing which, the Commons the next Parliament preferred a
petition, showing all the benefices of England would not
suffice the Cardinals then in being6, the Popef having by
the addition of twelve new ones raised the number to thirty,
which was usually not above twelve in all ; and therefore
a Vide varias lectiones ad col. 2117, a Walsing. Hist. 1374. p. 184, 6. Rot.
54. quae vero ibi debent interseri perti- Pari. 1 R. 2. n. 66. Thorn, 1373. col.
nent ad Hist, de qua hie agitur col. 2187, 58.
2082. " Rot. Pari. 50 Ed. 3. n. 110, 115.
b Henry Knighton, col. 2601, 37, 49. ' Gregory XI.
c Rot. Pari. Oct. Purif. 25 Ed. 3. 11. 13.
See words of the Petition, col. 4. n. 15.

544 INCREASE OF THE [SIR R. TWYSDEN.-
they desire it may be ordained and proclaimed, that neither
the Pope nor Cardinals have any procurator or collector in
England, sur peine de vie et de membre, SfC. Yet the in
conveniences still continuing, 3 Richd. 2., produced that
statute which is in the print3 : I shall not here repeat other
wise than that the Commons in the roll seem to lay the be
ginning of these excesses no higher than Clement V.
By these arts, degrees, and accessions, the Church of
Rome grew by little and little to that immenseness of opinion
and power it had in our nation ; which might in some mea
sure (whilst it was exercised by connivance only, upon the
good correspondency the Papacy held with our Kings and
Church) be tolerated, and the kingdom at any time by good
laws redress the inconveniences it sustained. But that
which hath made the disputes never to be ended, the parties
not to be reconciled, is an affirmation that Christ command
ing Peter to feed his sheep, did with that give him so ab
solute a power in the Church (and derived the like to his
successors Bishops of Rome), as without his assent no par
ticular Church or kingdom could reform itself : and for that
he as a Bishop cannot be denied to have as much power as
others from Christ, and may therefore in some sense be said
to be Christ's Vicarb, to appropriate it only to the Pope, and
draw thence a conclusion that jure divino he might and did
command in all particulars vice Christi. And though no
other Church in the Christian world doth agree with the
Roman in this interpretation ; though historians of unques
tioned sincerity have, as we have (in some measure) heard,
in their own ages delivered when and how these additions
crept in, and by what oppositions gained ; that our princes
have, with the advice of the lay and clergy, ever here mode
rated the exorbitances of the Papacy in some particular or
other, and likewise reformed this Church ; though the stipu
lations between our Kings and Rome have not been perpetual,
but temporary, not absolute, but conditional, as is to be seen
¦> 3 Ric. 2. c. 3. 5 Ric. 2. c. 12. Concil. Spelm. p. 440. Quis locus poterit
b Christi Vicarii sacerdotes sunt qui esse tutus, si rabies sancta sanctorum
vice Christi legatione funguntur in Ec- cruentat ? et Vicarios Christi, alumnos
clesia. — Ensebii Papas Epist. 3. torn. i. Ecclesiae dilacerat? — Epist. W. Seno-
Conc. Electum a Fratribus Christi Vi- nensis, apud Hoved. ann. 1171, fol. 299.
carium suscipiunt (scil. in Abbatem). b. 32. de morte Thomaj Archiepiscopi.
Ilydensium leges ab Edgar o, cap 15.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 545
in that which passed between Alexander III. and Henry II.,
viz. juravit quod ab Alexandro summo Pontifice, et ab
Gaiholicis ejus successoribus non recederet, quamdiu ipsum
sicut Regent Catholicum habuerint* ; that the English
Bishops being excommunicated by the Pope might not take
an oath of obedience to his commands, quia regni consuetu-
dines impugnabat^, though he did never exercise any autho
rity here but according to such stipulations, contracts, and
agreements withour princes, as thelaws permitted; and there
fore when he sent hither a Legate a latere, " he was tretyd
with or he cam in to the lond, whom he schold have exer
cise of his power, and how myche schold be put in execution ;
an aventure after he had bee reseyved, he would have
used it to largely, to greet oppression of your peple," ° &c. as
the Archbishop wrote to Henry V. as I have shown above.
Though the lawyers of the kingdom do constantly affirm d,
as the law and custom of the realm, the King's Courts never
to have carried regard to any foreign excommunication, and
if any such came from Rome, not to be put in execu
tion, but by allowance first had6: to which effect it is
remembered, the Bishops of London and Norwich having
published in their dioceses the Pope's excommunication of
Hugh Earl (as it seems) of Chester, without the privity of
Henry II. or his Chief Justiciar, the King's writ issued out
in this manner : Londoniensis et Norwicensis Episcopi sint
in misericordia Regis*, et summoneantur per Vicecomites et
Bedellos, ut sint contra Justicias Regis, ad rectum faden-
dum Regi et Justiciis ejus de eo quod, contra statuta de
Clarendone, interdixerunt ex mandato Popes terram co-
mitis Hugonis, et excommunicationem quam Dominus Papa
in ipsum fecerat per suas parochias divulgaverunt sine li-
centid regis? This however is contracted in Hoveden, 1 165,
and in Paris 1164h, yet the difference is such as may de
serve a remembrance. It seems to me, what our kings
claimed, not to be altogether unlike the Exequatur of Naples1,
a Ger. Dorob. col. 1422, 18. Hoved. ! Ex antiquo MS.
f. 303. a. 1. ann. 1172. s Coram Hoveden.
b J. Sarisbur. Ep. 279. p. 483. " P. 103, 43.
0 Epist. Hen. Chichly in Vita ejus, l Girolamo Catena, Vita di Pio V. pp.
p. 79. 96, 97, 98, 100. in 8vo. Romas 1587, et
d Fitz. Excommengement, 4, 6, 10. AdTiani Hist. lib. xix. p. 1378. A.
• Vide Hoveden. fol. 284. b. 23.
VOL. III. N N

546 INCREASE OF THE [SIR R. TWYSDEN.
observed to this day in that kingdom, notwithstanding all
contests from Rome.
Neither did the Crown ever relinquish this right, not at
the peace after Becket's death, when Henry II. assented to
quit no other than Consuetudines quce introductce sunt tem
pore suo a ; which it is manifest this was not, as appears by
Eadmerus.b It is further observable, that by the common
laws (that is, the common custom of this realm °), the sen
tence of the Archbishop is valid in England4, and to be
allowed in the king's courts, though controlled by the Pope,
and to show our princes had no regard to any thing of this
nature from thence, other than such a complying with a
reverend prelate as I have formerly mentioned did admit, it
may not here be unfitly inserted what Froissard writes of
Edward III., with whom the Flemings joined against the
French6; upon which (but I shall deliver it in his own words):
Adonc le Rog de France s'en complaignit au Pope Clement
sixieme, qui getta une sentence d'excommuniement si horri
ble, qu'il n'estoit nul prestre qui asast celebrer le divin ser
vice : De quoy les Flamens envoyerent grande complainte
au Roy d'Engleterre, le quel pour les appaiser, lew manda,
que la primiere fois qu'il rappasseroit la mer il leur am-
meneroit des Prestres de son pais qui leur chanteroient la
Messe, vousist le Pope ou non car il estoit Men privilegie
de se faire : et par ce moyen s' 'appaiser ent les Flamens*,
&c. As for the privilege here spoken of, that can be no
other than the obligation all kings owe unto God, for seeing
his word sincerely taught them live under their protection,
without the disturbance of any.
In which kind ours have been so far from yielding obedi
ence to the Papal attempts, as Edward I. could not be induced
to spare the life of one, who brought a Bull from the Pope,
and might have made some disturbance, but by his abjuring
the realm 8 ; as his grandchild Edward III. did cause some
to suffer death for the same offence.11 And on occasions our

Ger. Dorob. col. 1422, 50. f Benedict. XII. Jac. Meierus, Annal.
P. 6. Flandr. ann. 1340. fol. 141. a.
2 H. 4. Accion sur le case, 25 Fitz. s Assise, lib. xxx. plaeit. 19.
31 Edw. 3. Excommengement 6. h Walsingh. Hist. ann. 1358, p. 145,'
Froissard. torn. i. cap. 47. p. 58. Gall. 68.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 547
kings have prohibited all intercourse with Rome; denied
their Bishops going thither so much as for confirmation3, but
the Metropolitans, if need were, should by the King's writ be
charged to confirm them ; commanded their subjects not to
rely on any should come from thence, affirming, quod in
regnum nostrum nee propter negotium nostrum nee vestrum
ullatenus intrabit ad terram nostram destruendam? Yet
notwithstanding so notorious a truth, backed with so many
circumstances, grounded upon unquestioned monuments of
antiquity, has not been received; but the bare affirmation,
Christ by pasce oves meas intended Peter, and by conse
quence the Pope, to be the general pastor of the world, and
the meaning of those words to be, that he should regio
more imperare0, hath so far prevailed with some, as to esteem
the standing for the rights of the kingdom, the laws and
customs of the nation, to be a departing from the Church
Catholic; and to esteem no less than heretics those, who,
defending that which is their own from the invasion of
another, will not suffer themselves to be led hood-winked,
to think the preservation of their proper liberty is a leaving
Christ, his Church, or the Catholic Faith.
I dare boldly say, whoever will, without partiality, look
back, shall find the reverence yielded from this Church to
Rome, for more than a thousand years after Christ, to have
been no other than the respect of love, not of duty; and Popes
rather to consulere than imperare ; their dictates to have been
of the same nature the German princes were of oldd, aucto
ritate suadendi magis quam jubendi potestate ; never re
quiring a necessity of obedience eo nomine that they came
from Rome, but for that they were just and reasonable :
neither did the Pope send any agent hither to see them put
in execution ; but the Archbishop, according to the exigent
of times, receiving his wholesome advices, caused such as he
held of them did conduce to the good of the English Church
to be observed. So Theodore received those of Pope
a Vide Hoved. fol. 284. b. 13. Rot. c Bellarm. Recognit. p. 21. Edit. In
Pari. 16 March. 3 H. 5. u. 11. See the golstat. 1608.
9 H. 4. n. 37. d Tacit, de Moribus Germanorum.
° Ger. Dorob. col. 1552, 51. Vide Lanfranci Epist. 8. p. 305.
N n2

548 INCREASE OF THE [SIR R. TWYSDEN.
Martin3, but did not them concerning Wilfred b, from Agatho.
When Alexander II. had exempted the Abbot of St. Ed-
mondsbury from the jurisdiction of the Bishop of Norwich0,
Lanfranc took the act from the Abbot : and Gregory VII.
is so far from using commands in the cause, as he only
earnestly intreats the Archbishop he would stop the Bishop
of Norwich from molesting the said Abbot ; yet himself, as
it seems, did not restore the Bull of immunity to him during
that Pope's life (but of this before). In the year 1070, on
the King's desire in a Council at Windsor, Agelricus, Bishop
of the South-Saxons, is degraded3, and his Bishopric con
ferred on Stigand : Alexander II. not approving what had
passed, writes to the King, this cause seemed to him non
ad plenum tractata, ideoque sicut in canonibus cautum est,
in pristinum locum debere restitui judicavimus ; deinde,
causam ejus, juxta censuram canoniccs traditionis diligenter
retractandam et definiendam, presdicto fratri nostro Archi
episcopo Lanfronco eomniisimus? It is certain (however
some writers might upon this or for other causes think his
degradation to have been non canonice) those times did not
interpret this (though written with so great earnestness) for
other than advice or intercession, not as of a person had an
absolute power of commanding in the business ; for we
never read of any proceedings upon it, not Lanfranc at all
ever to meddle in the case, that he ever esteemed Stigand a
lawful Bishop (Epist. 27, 28 f), who in the year 1075, being
in a Council at London 8, according to the decrees of it,
removed his episcopal chair from Selsey to Chichester, of
which he died Bishop (1087 h) without being at all, for what
appears, questioned or disturbed after the first grant of it.
Divers examples of the like nature occur too long to be
repeated, where the King or his chief justice prohibit the
Papal precepts from being put in execution i : and it is agreed
by lawyers, that not the command, but the constant obe-
a Beda, lib. iv. cap. 17. f Lanfranci Epist. 27, 28. et apud
b Malms, fol. 150. &c. Eadmer. p. 13.
c Vide Eadm. p. 62, 36. Lanfranci, e Malms, de Pontif. 1. i. f. 121. b. 27.
Ep. 20. p. 311. Vita Lanfranci, u. 12. p. 13. C. col. 1.
d Fl. Wigorn. ann. 1070, pp. 435. et " Fl. Wigorn. ann. 1087. p. 449.
4S6. Sim. Dunelm. col. 292. ' Vide Ger. Dorobern. ann. 1087,
0 Baron, torn. 11. ann. 1071. n. 11. col. 1503, 38.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 549
dience is it, which denotes a right of commanding, and in
cases of this nature, prohibentis potior est conditio, one
example in the negative, when the thing is stood upon, being
of more weight than twenty by compliance in the affirmative.
It is probable, neither the King nor the Bishops would
introduce any new matter of great concernment into this
Church, without the privity of so great a doctor, patriarch
of a See, from which their ancestors had received the first
principles of Christian religion ; but it is manifest, what
passed (if he were acquainted with it), was by their own
authority, not his. When Offa intended the erecting of
Lichfield into an archbishopric, he did it by a Council at
Calcuith : Lambertus (as what he approved not) producing
erebra sedis Apostoliccs et Vetera et nova edicta against it ;
yet the thing proceeded.* Lucius II. went so far in his
intentions to raise Winchester to an archiepiscopal chair b,
that he sent the pall to the Bishop : yet it being not approved
here (as the event shows) that town never yet had the
honour. Henry I. having in his laws ° appointed how a
bishop, presbyter, monk, deacon, &c. should suffer, com
mitting homicide, concludes, Si quis ordinatum occidat, vel
proximum suum, exeat de patria sua, et Romom adeat, et
Papam, et consilium ejus facial ; de adulterio, vel fornica-
tione, vel nunnce concubitu similiter pceniteat? Where
it is observable, the King ordains the penance, permits the
delinquent's peregrination to Rome, to receive from the Pope
(as from a great doctor of the Church) spiritual counsel,
which else he was not admitted to seek ; for peregrina ju-
dicia modis omnibus submovemus e ; and again ibi semper
causa agatur, ubi crimen admittitur.1
William I. (who began his expedition against Harold by
the counsel of Alexander II. and received a banner from him8)
minding the deposition of the Archbishop of Canterbury,
procured the Pope to send certain Ecclesiastics hither to join
in the action, as likewise soon after for determining the ques-
a Malms, de Regibus, lib. i.fol. 15. b. don. Seld. et nostro, non nimio, ut MS.
34. Schachar.
b Diceto, ann. 1142. Mat. West. • Leg. Hen. 1. col. 31. p. 187, 29.
c Leg. Hen. 1. cap. 73. p. 204, 29. f Ibid cap. 5. p. 178, 28.
d Legendum Nunnce cum MS. Lon- e Ingulph. fol. 522. a. 6.
im3

550 INCREASE OF THE [SIR R. TWYSDEN.
tion of precedency between Canterbury and York ; upon
which there grew an opinion, Archiepiscopum Cantuarien-
sem a nullo hominum, nisi a solo Papa, judicari posse vel
damnari, nee ab aliquo com pro quavis calumnid cuiquam,
eo excepto, contra suum velle respondere. This no doubt
was promoted by the Archbishops, as what exempted them
from all home jurisdiction, the Bishops in general did
after think in some sort to introduce ; and thereupon put
in this petition in Parliament, 18 Edw. 3., Quepleise a Roy,
en maintenance del estat de seint Esglise, graunter et or-
deiner en cest Parlement, que nul Ercevesque ou Evesque
soit deformez, arreynez, ne empeschez devaunt ses Justices,
en cause criminele, par quecunque voye, de si come sur tiele
cause nulle alme ne les poet juger, si noun le Pope seule-
ment? But to this the answer is no other than, II est avis,
que en cause de crime, nul Ercevesque ou Evesque soit
empesche devant les Justices, si le Roy ne le commande
especialment tant que autre remedie soit ordeinez : which
he did likewise confirm by charter there registered, and as
Walsingham hath truly recorded.6
This opinion, though new to the English d, questionless
encouraged Anselm to oppose the King in many particulars,
and Popes to go further ; as to claim princes should not
confer investitures, nor define matters of episcopacy, &c,
then to bestow preferments within this kingdom, at first by
consent, and with the limitation no Italian to succeed another,
then to reserve to themselves the collation of all benefices
(of which before). To conclude this ; whosoever will without
prejudice weigh the Reformation of England by Henry VIII.,
Edward VI., and more especially Queen Elizabeth in the
point of supremacy, must grant these Princes did not
assume to themselves any thing, but such particulars as the
Court of Rome had in a long series of time encroached in
on the Crown and English Church. If at any time our
ancestors styled the Pope Princeps Episcoporum, it was in
no other sense than they did St. Peter Princeps Apostolorum ;

a Eadmer. p. 29, 23. c Walsing. Hist. ann. 1344^ p. 155, 1.
b Rot. Pari. 18 Ed. 3. n. 23, 24. p. d Protinus intellexerunt quod prius
1. du Clergie. non animadverterunt. Eadm. p. 29, 21.

SIR R. TWYSDEN.] PAPAL POWER IN ENGLAND. 551
by which what principality they intended him, we cannot
better understand than by the Saxon, who renders it Galbon
Sana Apostola, the Elder of the Apostles. a If they called him
successor or Vicarius Petri, they were not alone appro
priated to him, for Petrus Blesensis and others give the
Bishop of York the same titles b ; and the Bishop of Bath,
who had a Church dedicated to St. Peter, he bids remember
quia Petri Vicarius estis. So did they likewise in some
sense call Kings Christ's Vicars, as well as Bishops.0 If at
any time they gave the Pope the title of Head of the Churchd,
it was, as being the first Bishop, he was held to be, as
St. Bernard tells us, in beneficam causam e, as they termed
Oxford the fountain and mother of our Christian Faith/
I cannot therefore but wish a late writer s, that says Eng
land had a known subjection to Rome acknowledged even by
our laws, ever from the conversion of our country under St.
Gregory, had expressed in what particulars that subjection
did consist, what those laws are, and where to be found.
The truth is, as there is no doubt our ancestors in former
times would not have joined with the Synod of Gap, in causing
so disputably ambiguous a question as that the Pope is
Antichrist to have been taught as the faith of the English
Church h ; so there is no question, but it hath been ever the
tenet of it, Pontificem Romanum majorem aliquam juris-
dictionem non habere sibi a Deo collatum in Sacra Scrip
tura in hoc regno Anglice, quam alium quemvis externum
Episcopum : which our historians do mention as what pro
ceeded from the constitutions of the Church and assent of
Emperors, not as of a thing in itself juris divini1 : inso
much as —
a Beda, Latin-Saxon edit. 1644, lib. ii. ' Rot, Pari. 1 Hen. 6. n. 43.
cap. 6. p. 123. lib. iv. cap. 18. p. 302. et s Philip Scot, his treatise of Schism,
alibi. P- 165.
b Epist. 113, 148. Vide Stubs, de h I will not undertake to maintain
Archiepiscopi Ebor. in Aldredo, cols, that the Pope is Antichrist, professing
1703, 37. 1704, 13. Vide supr. u. 2. n. 72. my weakness and ignorance of those
c Leg. Edwardi Confessoris, cap. 17. prophetical Scriptures to be so great,
Seldeni Nota: ad Eadmer. p. 155, 12. that I dare not be confident in my inter -
etc. pretations of them. Baxter's Christian
a Rot. Pari, at Glocest. n. 78. in Concords Explication, p. 69.
nonnullis libris impressis, caps. 6. et 7. l Diceto, ann. 607 et 608, col. 437,
• Bernard, de Consideratione, lib. iii. 23.
cap. 3. H N 4

552 INCREASE OF THE PAPAL POWER. [SIR R. TWYSDEN.
That proposition a, when it was propounded, 1534, in
Henry VIII.'s time, in convocation, all the Bishops, without
exception (and of others only one doubted, and four placed
all ecclesiastic power in the Pope), both the Universities,
and most of the monasteries and collegiate churches of
England, approved and avowed as the undoubted opinion of
the Church of this nation in all ages. Neither can I see
how it can be otherwise ; for if the Church of Canterbury
were omnium nostrum mater communis sub sponsi sui Jesu
Christi dispositioneb, if it were Mater omnium Anglicanarum
Ecclesiarum, et suo post Deum proprio lestatur pastore ;
that is, if the Archbishop had no mediate spiritual superior
but Christ and God ; if the power the Pope exercised over
him within this realm were voluntate et beneficio °, gained,
as I have shown, by little and little, voluntarily submitted
unto, it could be no other than jure humano : and then it
must be granted, the Church of England could not hold any
necessity of being in subjection to the See or Church of
Rome jure divino ; as it is manifest they did not, in that
they sometimes acknowledged no Pope d, at others showed
an intent of departing from his union 6, and the Bishops as
well as lay lords advised Anselm, urbani obedientiam
abjicere, subjectionis jugum excutere, tyc? Neither could
the Church of England be, any way possible, guilty of schism,
adhering to their ghostly superior next and immediate under
Christ Jesus.
As for the temporal profits the Court of Rome received
hence, though the denying them can be no just cause of
such a spiritual imputation, especially on private men, yet
certainly who will examine their beginning, as he shall find
it to have been by the bounty or permission of our princes,
so, upon such, he will perceive the kingdom went no further
than the common law, the precedent of former times, and
such an exigency did force them to, of which therefore I
shall add a word or two.
a Antiquit. Britan. Eccles. p. 384, 37. d Eadmer. p. 25, 40.
edit. London, 1573. s Mat. Paris, ann. 1168, pp. 107, 45.
Ger. Dorob. cols. 1663,24. 1615,60. Ill, 24. Vide Epist. Gilberti Londo-
63, . nensis. Ep. apud Hoved. fol. 288, 34, 38.
c Epist. Radulph. Archiepisc. Calixto ann. 1166.
II. col. 1736, 1. f Eadmer. p. £8, 23.

SIR R. TWYSDEN.] THE REGAL POWER, ETC. 553

How far the Regal Power did extend itself in matters
Eccles iastical.
Before I enter into the dispute of the right the Kings of
England did exercise in the regimen of this Church, I hold
it not unnecessary to see, in what divines hold ecclesiastical
authority doth consist. Bellarmine*, Turrecrematab, and
others divide spiritual power into Ordinis, which they refer
to the administration of the sacraments ; and Jurisdictionis,
which they hold double, — internal, where the divine by per
suasions, wholesome instructions, ghostly counsel, and the
like, so convinces the inward conscience, as it is wholly obe
dient to his dictates, such as those of St. Peter were (Acts,
ii. 37.) — and external, where the Church in foro exteriori
compels the Christian's obedience. Now for ,the first and
second of these, the King did not take upon him at all to
meddle ; for he neither assumed to himself a power of preach -
ing,teaching, binding, or loosing inforoanimce,aAmimstermg
the holy Sacraments, conferring orders, nor to any particular
is properly annexed to them ; only to such things as are of
the outward policy of the Church, as that God may be truly
served, such as transgress the received lawful constitutions
even of the Church, fitly punished, by the right of his
crown, the continued practice of his ancestors, he could not
doubt but he might deal in, causing all others, be they
clerks or other, that offend, to suffer condign punishment.
For the better understanding how far the ecclesiastical
rule of our princes did extend, we are to know, they were
never doubted to have the same within their dominions,
Constantine had in the empire ; and our Bishops to have
that St. Peter had in the Church. Ego Constantini, vos
Petri gladium habetis in manibus, said King Edgar to his
clergy, in that his speech so recommended to posterity.6
And therefore, as after the Christian magistrate began to
have government, affairs of most concernment in the Church
» De Romano Pontif. lib. iv. c. 22. c Apud Ailredum, col. 361, 16. Beato
sect. 1. Petro cujus vicem Episcopi gerunt. Ca-
b Sum. Eccles. lib. i. c. 93, 96. pitul. Carol, et Ludovic. lib. v. cap. 163.

554 THE REGAL POWER [SIR R. TWYSDEN.
(as is said) had their dependence on the Emperor a, the
greatest Synods called by him, and the holy men of those
times did not doubt the continuing to him the title of Pon
tifex maximus, as Baronius notes, sine ulld Christianitatis
labeh ; and as Constantine did esteem the ecclesiastics twv
eio-tt) Trig sxx7^7}criag, but himself twv sxTog otto ©soy xaB-
eo-TafJiivog eirtcrxoirog0, — " them for things within, but himself
for matters without by God appointed a Bishop ;" so the
same King Edgar, no less to be remembered by the Eng
lish than Charles the Great by the French*, was solicitous of
the Church of his kingdom6, veluti Domini sedulus Agricola,
and Pastorum Pastor, was reputed and wrote himself the
Vicar of Christ, and by his laws and canons assured the
world he did not in vain assume those titles, and yet sine
ulld Christianitatis labe, so far as antiquity ever noted.'
What particulars those were the Emperors did hold ra
ixTog Tr]g lxx~hr]<riag, to be without the Church, belonging
as I may say to their episcopacy, nothing can better teach
us than their commands yet remaining in the laws they pub
lished ; as in Cod. Theodos. de Feriis, de Nuptiis, Sfc, de
Fide Catholica, de Episcopis Eccles. et Clerids, de Mona-
chis, de Hcereticis, de Apostatis, de Religione, de Episcopali
Judicio, <Sfc. Cod. Just. lib. i. tit. 1, 2, 3, 4, 5. et passim in
eo : and in the Novels, Novel 6., Quomodo oporteat epis
copos et cceteros clericos ad ordinationes perduci. Novel
137- De ordinatione episcoporum et clericorum. The pre
faces to which two laws are remarkable : the first showing
the priestly office is Divinis ministrare, and the princely,
Maximam habere sollicitudinem circa vera Dei dogmata, et
circa sacerdotum honestatem, cy-c; the other beginning thus :
Si civibus leges, quorum potestatem nobis Deus pro sua in
homines benignitate credidit, firmas ab omnibus custodiri
ad obedientium securitotem studemus, quanto plus studii
adhibere debemus circa sacrorum Canonum et divinaruni
legum custodiam f And accordingly (Novel 123. in 43

a Socrat. Prolog, ad lib. v. Hist. ' Regularis Concordia, &c. Notis Sel-
b Tom. iii. ann. 312. n. 100. deni ad Eadmer. pp. 146,16. et 155,6 15.
c Euseb. de Vita Constantini, lib. iv. et Concil. Spelm. p. 437. cap. 7. p. 438.
caP- 24- cap. 8. Vide leg. Edwardi, cap. 17.
« Flor. Wigorn. ann. 974, p. 3G0. f Concil. Spelm. p. 444—476.

SIR R. TWYSDEN.] IN MATTERS ECCLESIASTICAL. 555
chapters) he did establish many particulars pertaining to the
government of the Church and churchmen ; and Novel 131.
not only appointed the observance of the four first General
Councils3, hut decrees the place or precedency of the Pope
of Rome and Archbishop of Constantinople should be ac
cording to their definitions above all other seats b, and how
far the dioceses of some chairs by him newly erected should
extend, besides other points in several chapters to the number
of fifteen, treating of particulars solely held now of ecclesi
astical cognizance0 : as did likewise Charles the Great and
Ludovicus Pius in their capitulars in very many places.
But with these I have not taken upon me further here to
meddle, than by naming some, to show, they having been
practised by Emperors, the Kings of England, endowed
from above with the same authority in ecclesiasticis, might
very lawfully within their dominions exercise the like : the
question therefore will be, what they did understand their
power in the Church to be, and accordingly how far they
did extend it in use.
As for the first, nothing can speak more clear than what
themselves published on mature and sad deliberation, yet
remaining in their laws ; in which we find the regal office
thus described : Rex, quia vicarius summi Regis est, ad
hoc est constitutus, ut regnum terrenum, et populum
Domini, et super omnia, sanctam veneretur ecclesiam ejus,
etregat, et ab injur iosis defended & : and a little after, Debet
Rex Deum timere super omnia, et diligere et mandata ejus
per totum regnum suum servare ; debet etiam sanctam ec
clesiam regni sui, cum omni integritate et libertate, juxta
constitutiones patrum et prcedecessorum servare, fovere,
manutenere, regere, et contra inimicos defendere, ita ut
Deus prce cceteris honoretur, et prce oculis semper habe-
atur, <S[c.
Canutns : Nobis omni ope atque opera enitendum erit,
qua potissimum ratione eo exquiramus consilia, quce ad
Reipublicce pertinent utilitatem, pietatem confirment Chris-
tianam, atque omnem funditus injustitiam evertant, cfc?
a Cap. 1. ' Deg- Canut. e. 11. p. 109. Jorval.
b Caps 2, 3, 4. c. 31. col. 923. Vide c. 25. p. 106. Ibid.
c See Novel. 1 46. c. 23.
d Leg. Edw. Confess, cap. 17. p. 142.

556 THE REGAL POWER [SIR R. TWYSDEN.
Jorvalensis renders it, quomodo possit .... recta Christi-
anitas propensius eriqi.
Inaa : In magna servorum Dei frequentid religiose stu-
debam, tum animorum nostrorum saluti, tum communi
regni nostri conservation^ ; which Jorvalensis reads, sollici-
tus de salute animarum nostrarum et de statu regni, show
ing the care both of his subjects' souls and bodies, however
after a differing way, did in some measure pertain unto
him. Neither did these expressions pass only from the worst
of our kings ; but from Ina, Rex maxime pius, as Baronius
styles him0 ; from Canutus, who not only himself (1031)
went in devotion to Rome, but was acknowledged erga eccle-
sias atque Dei servos benignissimus largitorA ; Edward the
Confessor, a canonized saint ; famous for being the best kings
and holiest men : who did not only leave us in their laws
the King's part, but what they conceived likewise the Bishop's
was, viz. to be Dei prcecones, divini juris interpretes", that
they were rerum divinaruni commoda pcedicare palam, that
for and to the people they should vigilare, excubare, pro-
clamare, cfc, as those that contra spirituales nequitias debent
populo prcevideres, by letting them know, qui Dei prceceptis
obedire neglexerit, hie cum ipso Deo commune non habeat.
And this is that sword of St. Peter mentioned by King
Edgar, which, when the holy Bishops of the primitive times
did only put in execution, they neither found princes back
ward in supporting their designs, nor people refractory to
their exhortations. Thus we see, as they declared the office
of a King, they were not silent in that of a Bishop, showing
how either laboured in his way the reducing people to piety,
and a virtuous life ; the one by making good laws for com
pelling the wicked, the other by giving such instructions as
convinced the inward man.
So that we often meet with the Prince extending his com
mands to the same things the Priest did his persuasions :
as, —
a Leg. Inse in Prsefat. p. 1. apud Jor- d Fubbert. Carnotensis, Epist. 97. fol.
val. col. 761, 41. 93. a. edit. Paris. 1608.
" Rapla, Sax. e Leg. Canut. c. 26. p. 106. apud
c Tom. ix. ann. 740, n. 14. See Jorval. c. 24. col. 922, 17.
Hunt, fol. 194, 30, 42. f Sequor in reliquis Jorvalensem.

SIR R. TWYSDEN.] IN MATTERS ECCLESIASTICAL. 557
I. In point of Sacraments, That children should be
baptized within thirty days after birth.a Leg. Inee. cap. ii. p. 1.
II. And, because it seems some priests were negligent
performers of that duty, That such as were not prepared,
or denied the baptizing of them, should be punished.b
Leg. Ed. et Guthruni, cap. iii. p. 42., Excerptiones Egberti,
cap. x., xi., xii., in concil. Spelm., p. 259, where you may
observe the king's precept to impose on the transgressor
the payment of twelve orac, but the bishops to be only
persuasive. III. No person to be admitted to the Eucharist, be a
godfather, or receive confirmation from a bishop, not knowing
the Pater Noster and Belief. Canones dati sub Edgaro et
Legibus ejus annexi, cap. xvii. xxii. p. 67- et Leg. Canuti,
cap. xxii. p. 105.d Spelm. Concil. cap. xxii. p. 599.
IV. That persons instructed should receive the commu
nion thrice every year. Leg. Canut. cap. xix. p. 104. e
V. Restrained by their laws matrimony to the sixth
degree of consanguinity. Leg. Canut. cap. vii. p. 101. f
VI. Reserved to themselves a liberty of dispensing with
the marriage even of nuns. Leg. Alured., cap. viii. p. 25. 8
And it is not to be forgot, in that particular, Lanfranc joins
the king's advice (as a person of equal power) with his
own ; et hoc est, saith he, consilium Regis et nostrum. h
VII. Commanded the observance of Lent, principali
auctoritate. Beda, lib. iii. cap. 8.
VIII. Appointed certain days to be held festival by the
better sort, but allowed the servant and labourer to work in
them. Leg. Aluredi, cap. xxxix. p. 33. l, which the laws
of Canutus seem after to take away. Leg. Canut. cap. xiii.
xliii. p. 118.k See there p. 103. caps. xiv. xvi. xvii., which
was likewise exercised 1393, by Richard II.
I omit here their edicts for the observation of the Lord's
day, payment of tithes, incontinency, and such like (held

a Jorval. cap. 2. col. 761. s Jorval. cap. 9. col. 823.
b Jorval. Leg. Aluredicap. 5. col. 830. h Lanfranc. Epist. 32.
c What ora was, see Mr. Sumner's ' Jorval. cap. 50 col. 826, 60.
Glossary. k Jorval. caps. 67, 68, 69, 70, 71, 72.
d Jorval. cap. 23. col. 921, 57. col. 927. Vide Ibid. col. 920. caps 17,
e Jorval. cap. 21. col. 621, 57. 18,19.23. Thorn, col. 2197, 15.
f Apud Jorval. cap. 11. col. 919.

558 THE REGAL POWER [SIR R. TWYSDEN.
now merely of ecclesiastical cognizance), for the multiplicity
of them.
IX. Divided old, and erected new bishoprics. Beda, lib. iii.
cap. vii., lib. iv. cap. xii., lib. v. cap. xix.
And yet this is that Cardinal Bellarmine holds a point of
so high concernment, no man can do it without authority
obtained from Romea : which yet we never read to have been
asked, though Theodore, 679, erected five (consensu Re
gis) at one time b ; and some other altogether without the
Pope's liking, as those in the north, after the expulsion of
Wilfred. Confer Beda, lib. iv. cap. xii., cum libro v.
cap. xx. But of this before.
X. Caused the clergy of their kingdom to meet in coun
cils (Malms, fol. xxvi. a. 38.), and sometimes presided them
selves in them, though the Pope's Legate were present.
Concil. Spelm. pp. 292, 293, 189, et passim ; ibid. Vita
Lanfranci, cap. vi. col. i. p. 7- Vide Florent. Wigorn.
ann. 1070, p. 434.
Of the crowns commanding in these particulars, it is
apparent to have been in possession, the Pope seeing and not
interrupting any whit, whilst the Saxon and Dane bare here
the sway ; when, to speak truth, it seems to me not so
much to have been insisted on, by whose authority the thing
commanded was done, as a care taken of all sides nothing
should be required but just and pious ; which made each
precept, without dispute, from what author soever it pro
ceeded, be readily yielded unto : and so the Normans found
it, under whom the first contentions (concerning jurisdiction)
with the see of Rome began. For before William I. possessed
himself of this crown, it is certain, the English bishops had
no ordinary Courts distinguished from the lay, but both
secular and ecclesiastic magistrate sat and judged together,
what pertained ad observantiam religionis lods suis, et a
sues diceceseos synodis ; as was likewise the custom in
France. 6
This were enough manifest, in that we find the lay
not only present, but subscribers to many of our ancient
a De Eccles. lib. iv. cap. 8. sect. Nota <= Carol, et Ludovic. cap. lib. vi. cap,
tertio. HI.
b Florent. Wigor. p. 559.

SIR R. TWYSDEN.] IN MATTERS ECCLESIASTICAL. 559
councils"; did not the laws of Ethelstan b, Edgar6, Canutusd,
further assure us. It is probable, inferior judicatures did
refer matters of doubt to the greater Courts or bcyrie^emofc
to be held twice a year, as the former edicts and some coun
cils did establish 6 : which produced that care in the council
of Celichyth, 8l6f, the bishop should transcribe judgments
given in qualicunque synodo of what pertained to his diocese,
and he to keep one copy, and the party whom it concerned
another of such determination (which I take to be those
laws mentioned by Eadmerus8, which as they were reposed
in some parts of the church, so were the pleas, as it seems,
usually there heldh). But the Conqueror, finding these pro
ceedings to be non bene, neque secundum sanctorum canonum
preecepta, &c, did, by his charter, make a distinction of the
courts, that such as were convented by the bishop should
answer non secundum hundred, sed secundum canones et
episcopates leges, &c. The charter to Remigius, bishop of
Lincoln, is upon record, published by many1, and was cer
tainly, by the Conqueror, directed to every diocese through
the kingdom : for I have seen in a hand of Edward I. one
for London k, testifying it was then found in the episcopal
register there.
When this passed the king, whether at the Pope's Legates
being here for deposing Stigand, 1070 (about which time
historians remember he made some beginning for settling
the English laws, and is therefore likely to have then passed
this), or when they were here for settling the dispute between
York and Canterbury, or at what other time, is uncertain.
Yet I cannot deny, it seemeth to me to have given the occa
sion of those expressions in Alexander II.'s letter to him1,
that the world, in maligno positus, plus solito pravis in-
cumbat studiis ; tamen inter mundi principes et rectores

a In Concil. Spelman. passim. s Eadmerus, apud Gervasium Doro-
b Apud Jorval. col. 845, 36. bernensem, col. 1292, 18.
c Cap. 5. p. 64. Jorval. p. 872, 13. cap. h Apud Gervas. et Sim. Dunelm. sive
10. Turgot. de Dunelmensi Ecclesia, lib. iii.
d Cap. 17. p. 3. Jorval. cap. 38. p. cap. 10. col. 35, 6.
924. l See it in Sir Ed. Cook, Inst. 4. cap.
" Concil. Calcuith, apud Spelman. 53. p. 259.
cap. 3. p. 293. k In autiquo MS.
' Apud Spelman. Concil. p. 320. cap. 9. ' Apud Baron, torn, ii ann. 1071, n. 9,

560 THE REGAL POWER [SIR R. TWYSDEN.
eqregiam vestrce religionis famam intelligimus, et quantum
honoris sanctce Ecclesice tum Simoniaces vires opprimendo
(which is apparently spoken of Stigand) tum catholicce
libertatis usus et officio (by which, questionless, he points at
this charter) confirmando, vestra virtus impendat, non dubia
relatione cognoscimus, &c. Now certainly, if he did grant
it during the life of the Pope, it must not have been after
1073, in which year he died. I confess I have not met
with any clear example of the practice of it during the reigns
of that king, or either of his children : for though Anselm,
about 1106, writes to Henry I. (who had punished certain
clerks for not observing the decrees of a council held at
Westminster, 1102), quod hactenus inauditum etinusitatum
in Ecclesia Dei de ullo Rege et de aliquo principe; non
enim pertinet secundum legem Dei hujusmodi culpam vindi-
care, nisi ad singulos episcopos per suas parochias" : yet I
conceive this to be interpreted of the King doing it alone
without the Bishop, not when they both joined together after
the manner then in use, which himself elsewhere advises
Rufus untob : Conemur una, tu regia potestate et ego Ponti-
ficali auctoritate, quatenus tale quid inde statuatur, quod
cum per totum fuerit regnum divulgatum, solo etiam auditu,
quicunque illius fautor est paveat et deprimatur. I can
take this for no other, but that in the laws of Ethelstan,
Debent episcopi cum seculi judicibus interesse judiciis, ne
permittant, si possint, ut oliqua pravitatum germina pullu-
laverint? And the laws of Henry I. are express4, the use
to have continued in his days ; for they approve the ancient
institution, that gener'alia Comitatuum placita certis locis et
vicibus convenire debere, that the judges in those courts
were episcopi, comites, vice-domini, &c. The causes they
dealt in, and order of proceeding, agantur primo debita
vercs Christianitatis jura, secundo Regis placita, postremo
causes singulorum, &c. And why may not certa loca here
be what Anselm calls parochia, the Conqueror hundred ?
But good laws are not always suddenly put in execution6;

a Eadmer. p. 85, 40. » Leges instituuntur cum promulgan-
b Apud Eadmer. p. 24, 18. tur, firmantur cum moribus utentium
c Apud Jorvalensem, col. 145, 36. approbantur. Dist. 4. cap. 3.
d Leg. Hen. 1. cap. 7. q. 180, 30.

SIR R. TWYSDEN.] IN MATTERS ECCLESIASTICAL. 56T
and this of the Conqueror we may take to have slept, till,
towards the beginning of King Stephen's time, it had got
some strength, for then we meet with plain precedents of the
ecclesiastical courts being severed from the lay. Theobald
of Canterbury molesting the monastery of St. Augustine
concerning certain privileges granted from the Papacy, the
abbot obtained a bull from Innocentius II. of the 20th of
November, 1139, in his house's favour, in which the Pope
expostulates with the Archbishop, Quod occasione privilegii
nostri, idem monasterium vehementer infestas, et ecclesias
eidem ccenobio pertinentes eundem abbatem ordinare non
sines, quin potius violenta dominatione ecclesias eorum
firmatas diceris infregisse, et presbyteros tuos, invito ab-
bate, et ejusdem loci fratribus, contra Romanes ecclesice
privilegia, quibus idem coenobium est munitum, in eis
ponere pressumpsisse : nee his contentus, abbatem ipsum,
et homines ejus, ad placitandum super hoc in curiam tuam,
prout asserunt, prcesumptuose traxisti, eisque ob earn rem
pcenam molieris infiigere, &c.a
William Thorne, who mentions this, 1139b, 4 Steph.,
observes (which is warranted by the bull itself) quod iste
Theobaldus primo abbatem et conventum ad causas trahere
conatus est, and is the first I have noted in which the eccle
siastics alone did force men to plead in their courts ; which,
as it doth prove they then had them, so we may conclude
them not long to have been possessed of that power : for it
is altogether improbable, if that act of King William had
been in his and his son's time generally practised, but some
archbishop, in above fifty years, might have attempted as
much, if not to the abbot, at least to some other ; as after
this the examples are frequent, of which one in the 122d
epistle of Johannes Sarisburiensis is not unworthy the re
membering. Symphorian, a clergyman of York, accused
one Osbert, archdeacon of the same Church, before King
Stephen, the Bishops and Lords, 1154, for making away
William, the late archbishop of that see, by poison. A ques
tion grew to whether court this cause belonged. The King
a Habetur ha:c bulla, in splendido alio MS. optima? notae ante quadringentos
MS. reposito in aula St*. Trinitatis, annos scripto in Scachario, fol. 49, b.
Cantabr. ante 200 annos exarato, et in b Col. 1800, 46.
VOL. III. O O

562 THE REGAL POWER [SIR R. TWYSDEN.
affirmed it to belong to the temporal, for the heinousness of
the fact, and because it was first entered upon in his pre
sence. But before the decision Stephen died, and Henry II.
succeeded ; de cujus manibus (saith my author) vix cum
summa difficultate, in manu validd, cum indignations Regis
et omnium procerum jam dictam causam ad examen eccle-
siasticum revocavimus ; from whence it was by appeal carried
to Rome.
But what this manus valida should be, that took the case
from the King, I cannot imagine : for it is undoubted, in all
disputes of this nature, the King's courts have been ever
judges to what court the cause did belong. Bracton speaks
very clearly : Judex Ecclesiasticus cum prohibitionem a
Rege susceperit, supersedere debet in omni casu, saltem.
donee constiterit in curia Regis ad quern pertineat juris-
dictio : quia si Judex Ecclesiasticus esstimare possit an sua
esset jurisdictio, in omni casu indijferenter procederet non
obstante regia prohibitione, tyc? and 1080, William I., in
a council at Illebon in Normandy, by the advice of both
estates, ecclesiastical and secular, did settle many particulars
to belong to the cognisance of the spiritual judge b ; and
concludes, that if anything were further claimed by them,
they should not enter upon it, donee in curia Regis mon-
strent quod habere debeont. Neither were the lay to molest
them in the exercise of aught there mentioned, donee in
curia Regis monstrent quod Episcopi inde habere non de
beont. So in both reserving the decision to his own courts
of what pertained to each : insomuch as what that strong
hand should be, did thus take this from the King, I must
profess not to understand. And that our Kings had ever an
inspection over those courts is not to be doubted, by the
charge against Becket, in which Henry II. urgeth, Quod
cuidam Johanni coram ipso litiganti plenam justitiam non
exhibuit, et super hoc ad Regis prcesentiam vocatus, venire
contempsit? To which the Archbishop answered, Prcefato
Johanni condignam non defuisse justitiam, et Johannem
a Lib. v. de exceptionibus, cap. 15. c Apud Ger. Dorobern. col. 1389, 37.
sect. 3. fol. 412, a. ann. 1164. See Rot. Pari, at Leicester,
b Concil. illebon. cap. 47. apud Orde- 2 Hen. 5, pet. des Cocs. 5.
ricum Vitalem, pp. 552. 554.

SIR R. TWYSDEN.] IN MATTERS ECCLESIASTICAL. 563
non legaliter curiam suam infamdsse, qui non super evan-
gelium, ut mons est, sed super referent cantuum codicillum,
quern secunt tulerat, voluerit pejerare, tyc, and for his not
attending the King, to give him satisfaction in the point,
pleaded the excuse of sickness ; yet for that contempt was
adjudged to lose his moveables.
By which it is evident, the Archbishop did then exact
oaths of such as were called into his court", that he was to
give an account to the King of his carriage in it, who, by
his constitutions, hath ever directed the manner of proceed
ing in it. See Mat. Paris, anno \%4T/, p. 727, 29- ; anno
1246, p. 716, 1. But of this more hereafter.
The Conqueror, though he did show so much compliance
with the Romanist, as not to deny anything former Kings
had acknowledged to the Papacy as due, yet farther than
they had gone would in nothing submit unto itb : and as
they had, by their edicts, guided the ecclesiastical affairs of
this kingdom, so he proceeded in his laws, d legibus sanctce
matris Ecclesice suniens exordium0, as did his son, Henry I.d
How far they did conceive this their power to extend in those
matters, nothing can better teach us than the laws they, and
such as came after them (princes against whom no exceptions
can lie), established, and usages they maintained as the rights
of the kingdom, in opposition of all encroachments what
soever. To enumerate all these privileges (I conceive them with
our ancestors better called rights) I hold impossible, the
foundation or ground upon which they are built being that
power the divine wisdom bath invested the secular magistrate
with, for preservation of his Church and people in peace,
against all emergencies from whatsoever proceeding ; as the
Bishops of the Province of Canterbury wrote to Thomas
Becket, 1167- Rex d Domino constitutus pad providet
subjectorum per omnia ; ut hanc conservet Ecclesiis, et
commissis sibi populis, dignitatcs Regibus ante se debitas et
» Gervas. Dorobern. col. 1389, 42. <= Hoveden, fol. 343, a. 19.
Hoveden, ann. 1165, fol. 2S3, a. 22. d Leg. Hen. 1. caps. 5, 7. et passim
b Wmus. Gregor. 7, inter Lanfranc. ibidem.
' ep. 7. p. 304. et apud Baron, torn. xi.
ann. 1079, n. 25. o o 2

56b THE REGAL POWER [SIR R. TWYSDEN,
exhibitos sibi vult exhiberi? And this, issuing from so great
authority, as in effect the body of all the clergy of the
realm, cannot be imagined to be other than the constant
opinion of the English Church. In what these rights have
been put in practice in opposition to Rome (of which I now
treat) may in some sort be told : but to say these they are,
and no other, is that I mean cannot be. So that we may
say the affirmative, these they are, but not the negative,
others they are not. Therefore Eadmerus will have it of
the Conqueror, that Cuncta divina simul et humana ejus
nutum expectabant b, that is, in foro exteriori ; insomuch
as, when the Clergy, 1530, gave the King the title of Head
of the Church, they intended no other than their forefathers,
when they called him the Defender °, Patron, Governor,
Tutor d of it.
Which the French do attribute to their Kings with more
hard expressions ; Ce que monstre (says one 6) que les Eves-
ques de ce temps la, estimerent le Roy, assiste de son con-
seil d estate apres Dieu chef terrien de VEsylise de son
Royaume, et non pas le Pope, in the negative : Which
another explains thus, Ce n'est point pour cela que je
vueille dire, ce que aucuns ount trop indistinctement pro-
fere, que les dits Roys et Princes Souveraignes soient en
leurs estats privativement a tous autres, chefs uniques et
absolus de I'Esglise, et de tous les ministres d'icelle ; car
pour le reguard de ce que concerne le maniement des choses
purement sacrees, come V administration de la parole de
Dieu, et des Sacrements, et la puissance de Her ou delier,
voire de regler en particulier le dedans de chacune Esglise,
la surintendance en appartient aux Evesques, et autres
chefs de la Hierarchie Ecclesiastique, a chascun selon leur
rang et degre? Then, showing by a comparison, that as the
head- architect leaves to his inferior agents the use of such
instruments as are proper for their undertakings ; so, il
n'appartient poynt au Roy de manier les choses sacrees, ny
a Apud Hoved. fol. 292, b. 5. I'Esglise Gallicane, in quarto, a Pari,
b Eadmer. p. 6. 21. 1612, avec Priviledge, p. 234. et 1639,
' Mat. Paris, ann. 1241, p. 555, 15. p. 179.
d Epist. Universit. Angliae, ibid. ann. ' Charles leFaye, ibid. p. 287, in edit.
1245, p. 667, 38. ibidem. 1649. p. 230.
• Claude Fauchet, en les Libertes de

SIR R. TWYSDEN.] IN MATTERS ECCLESIASTICAL. 565
supporter comme Von dit I'arche dalliance, ils doivent lais-
ser cela a ceux de la vocation ; mais ils peuvent voire sont
tenuz devant Dieu, veiller sans cesseT et avoir I'oeil ouvert
a ce que ceux de cest ordre et profession principale, aussi
bien que ceux des autres moindres, apportent en loy ante et
sain conscience tout soin, diligence, purete, et sincerite, au
maniement des charges a eux commises, conformement a
leur loix, regies, et canons; lesquels au cas qu'ils serroient
negligez, et effacez par la rouille de I'antiquite, ou que par la
malice des hommes ilfust besoign den f aire des noveaux, ils
sont tenu user de leur puissance, pour y apporter des re-
medes, soit par leurs ordonances et pragmatiques, soit
par leurs jugements, arrests, et executions d'iceux. Cest
ce qu'en France nos predecesseurs ont tous jours
appelle, la police exterieure sur I'Esglise, de laquelle les
Empereurs, Roys et Princes cut use et jouy sans con-
tredit, tant que I'Esglise s'est conservee en sa purete, et
qu'aucuns d'icelle ne se sont ingerez, sortants de leurs bornes
et limites d'usurper les functions Royales. Insomuch as
Benigne Mileltot doth not only affirm their Kings to be
chefs, Protecteurs, et Conservateurs de leur Esglise Galli-
cane* ; but, p. 657, recites a speech of the Archbishop of
Vienna made to Henry IV., 1605, in which he did affirm,
que le Roy estoit le cceur et la teste de leur corps.
And other headship than this I do not know to have been
ever attributed to any of our Princes: certainly they did
never take on them the exercise of any thing purely sacred,
but as supreme head, rulers, or governors b, under God, by
their commissioners (of which such as bare most sway were
ever the spirituality), to visit, reform, redress, &c, all errors,
heresies, schisms, abuses, &c. And for that the rust of an
tiquity (as that author styles it) had much overspread the
Canons of the Church, to assign sixteen of the Clergy °,
whereof four to be Bishops, and as many of the lay, of which
four to be learned in the common laws of this realm, to pe
ruse and examine the ecclesiastical laws of long time here
a Du delict, commun. p. 528. editio- " Stat. 3 & 4 Ed. 6. cap. 11. See be-
nislgsg. fore, 25 Hen. 8. cap. 19., 27 Hen. 8.
b 26 Hen. 8 cap. 1., 1 Eliz. cap. 1. cap. 15., 35 Hen. 8. cap. 16.
o O 3

566 THE REGAL POWER [SIR R. TWYSDEN.
used, and to gather, order, and compile such laws ecclesiasti
cal, as shall be thought to his Majesty, his said council a, and
them, or the more part of them, to be practised and set forth
within this realm. In pursuance of which, the 1 1th Novem
ber, 5th of Edward VI., he nominated two bishops, two
divines, two doctors of the law, two esquires, to supervise
the ecclesiastical laws of this kingdom, and to compile
such a body as were fit to be put in practice within his do
minions ; whose intendments (for it passed no further) were
after printed by John Day, 1571, and are no other than
what the French (for the manner of doing) maintain their
King might do: neither doth the Inquisition of Spain
publish anything of that nature, without the allowance of
their King, as I shall show hereafter.
So that, in my opinion, the question cannot be, whether
Princes are not capable of such a right ; but whether it
were invested in the Crown formerly, and made good by
such a continued practice as might authorise ours to take
that title (when offered by the clergy, 1530), as well as the
French Kings have, without encroaching on that power the
ecclesiastics had, and by our laws ought to exercise in
England. Now, certainly, our Kings did in many things go
along with the French in causes ecclesiastical : Rex Anglor
rum, exemplum occipiens ab illis Boronibus qui sua statuta
sanxerunt in Francia, quibus et Dominus Francorum favo
rem jam preebuit, et sigillum apposuit, 8fc? Clement VII.
being held prisoner, 1527, by the Emperor, the 18th of
August, Cardinal Wolsey made an agreement with the
French, for settling the ecclesiastical government of each
kingdom during the Pope's captivity. For the French, I
shall remit the reader to the deed, which is printed6; but the
English were to be such as should be agreed to, prelatis acci-
tis de mandato et auctoritate prcedicti invictissimi Anglice
Regis, whose determinations were to be consensu ejusdem
invictissimi Anglice Regis. But where my Lord Herbert d
conceives this to have been the first taste our King took in
governing the clergy, I can no way be of his opinion ; for
a Reformatio Legum Ecclesiasticarum. c Preuves des Libertes de I'Esglise.
11 Matthew Paris, ann. 1247, p. 727, Gallicane, cap. 20. n. 33. p. 529.
26> d Hist. Hen. 8. p. 129.

SIR R. TWYSDEN.] IN MATTERS ECCLESIASTICAL. 567
without, peradventure, the Cardinal neither did nor durst
have moved one step in making the ecclesiastics less depend
on the Papacy, than the common law or custom of the realm
warranted, knowing he must without that back have lost not
only Clement VII., but all Popes and the Court of Rome,
which must and had been his support, on the declining
favour of so heady and dangerous a Prince as Henry VIII.,
had he not cast off both the Cardinal and his obedience to
that see almost together. But how much he had the clergy
before this under his government, the history of Richard
Hunne is witness sufficient a : and the rights the Conqueror
and his successors were ever in contest with the Papacy
about, and maintained as the laws and customs of the realm,
enough show they did not command the ecclesiastics here
according to the will of any foreign potentate, nor were mere
lookers-on whilst another governed the English Church :
some of which I shall therefore set down.
I. They admitted none to be taken for Pope but by the
King's appointment. b
II. None to receive letters from him without showing
them to the King 6, who caused all words prejudicial to him
or his crown to be renounced by the bringers, or receivers
of them.
III. Permitted no Councils, but by their liking to as
semble d ; which gained the name of Convocations ; as that
always hath been and ought to be assembled by the King's
writ.6 IV. Caused some to sit in them who might supervise the
actions f , and legato ex parte Regis et regni inhiberent, ne
ibi contra Regiam coronam et dignitatem aliquid statuere
attentaret : and when any did otherwise, he was forced to
retract that he had done, as did Peckham 8 ; or were in
paucis servatesh, as those of Boniface.
V. Suffered no synodical decree to be of force, but by
» See Hall, 6 Hen. 8. d Eadmer. p. 24, 5. 1 1.
b Eadmer. p. 6, 26. Vide Epist. e Stat, 25 Hen. 8. c. 19.
Hen. Chichley in Vita ejus, edit. 1617, p. f Mat. Paris, ann. 1237, p. 447, 51.
77 7g. £ Vide Seld. de Synedriis, part 1. p.
= Eadmer. ibid, et p. 113, 1. Thorn, 373.
col. 2152, 1. et 2194, 18. et alibi. Cook n Lyndwood, de foro competenti, cap.
Inst. 3. p. 127. !• Gk>ss- 1.
o o 4

568 THE REGAL POWER [SIR R. TWYSDEN
their allowance and confirmation." Rex auditis concilii
gestis, consensum presbuit, auctoritate regia et potestate con
cessit et confirmavit statuta concilii a Gulielmo, Cantu-
ariensi Archiepiscopo, et sanctce Romance ecclesice Legato,
apud fVestmonasterium celebroti? In hoc concilio, ad
emendotionem ecclesice Anqlicance, assensu Domini Regis et
primorum omnium regni, hcec subscripta promulgata sunt
capitula, tyc?
VI. Permitted no Bishop to excommunicate"1, or inflict any
Ecclesiastical censure on any baron or officer, nisi ejus
prcecepto. VII. Caused the Bishops to appear in their Courts, to give
account why they excommunicated the subject.6
VIII. Caused such as were imprisoned, after forty days
standing excommunicate, to be freed by writ, without the
assent of the Prelate, or satisfaction given f ; the King and
his judges communicating with them tarn in divinis quam
profanis g, and commanding none to shun them, though
by the ordinary denounced excommunicate.11
IX. Suffered no Legate enter England but with their
leave l ; of which before.
X. Determined matters of Episcopacy, inconsulto Ro
mano Pontifice?
XI. Permitted no appeal to Rome ; of which before.
XII. Bestowed Bishoprics on such as they liked1, and
translated Bishops from one See to another."1
XIII. Erected new Bishoprics : so did Henry I., 1109,
Ely, taking it out of Lincoln ; Carlisle, 1193, out of York
or rather Duresme n: but of this before.
XIV. Commanded by writ their Bishops to residency."
XV. Commanded their Bishops, by reason of schism,
vacancy of the Popedom, &c. not to seek confirmation from
a Eadmer. p. 6, 29. ' Eadmer. pp. 58, 40. ; 113, 1.; 118,
b Flor. Wigorn. ann. 1127, p. 505. 28.
c Gervas. Dorobern. ann. 1175, col. k Ibid. p. 115,23. 31.
1429, 18. i Flor. Wigorn. ann. 1070, p. 536.
d Eadmer. p. 6, 31. Hunt. fol. 219, a. 1.
• M. Paris Additament. p. 200. num. m Eadmer. p. 95. Flor. Wigorn. ann.
7. See Articuli Cleri, 9 Ed. 2. cap. 7. 1109.
f Ibid. n. 10. n Johannes Hagulstad. col. 257,48.
e Ibid. n. 12. ° vide Cook Instit. ii. p. 625.
11 Ibid. n. 13.

SIR R. TWYSDEN.] IN MATTERS ECCLESIASTICAL. 569
Rome, but the metropolitan to be charged by the King's
writ to bestow it on the elected."
XVI. Placed by a lay hand clerks in prebendary or
parochial churches, Ordinariis penitus irrequisitis? And
it is not here unworthy the remembering, that Wm. Lvnd-
wood, a very learned Canonist, who wrote about one hundred
years before Henry VIII.'s difference with Clement VII.,
finding the Crown in possession of this particular not agree
ing with the rules of the Canon Law, is so perplexed, as in
the end he finds no way to make the act valid, but that he
doth it by Papal privilege c : for if by prescription, Episcopo
sciente et tolerante, it could not be good ; for though the
King might confer the temporals of the Church, non tamen
potest dare jure suo potestatem circa spiritualia, viz. circa
ea quce pertinent ad regimen ecclesiasticum, etministrationem
sacramentorum et sacramentalium, nee non circa ecclesi
asticce jurisdictionis exercitium, et hujusmodi, quce jure
spiritualia sunt ; nee in hoc casu potest sibi prodesse prce-
scriptio etiam longissimi temporis, quia talia spiritualia non
possunt per regem possideri, et, per consequens, nee ut
transeant sub sua potestate possunt prcescribi, nee consuetu-
dine introduci, cSfc In which he will have a hard contest
with divers French and Italians, who maintain, Che tutte le
raggioni che si possono acquistare per dispensa del Papa,
si possono acquistar anco per consuetudine, la quale sopra-
venga contraria alia legge* : that a Prince may prescribe for
such acts as he can acquire by the Pope's dispensation.
XVII. Prohibited the lay yielding obedience, or answering
by oath to their ecclesiastic superior inquiring de peccatis
subditorum6: which I take to have been in cases not properly
of their cognizance, not of witnesses either in causes matri
monial or testamentary.
XVIII. I shall conclude these particulars with one ob
servation in Matthew Paris ; where the ecclesiastics, having
enumerated several cases in which they held themselves

a Rot. Pari. 16 March, 3 Hen. ii. d Consideration! di Padre Paolo, Ve
il, ann. 1414. John 23. Pope. net. 1606, fol. 31. a. Vide Fulgenti, in
b Mat Paris, Additament.p. 200. n. 6. difesa d' essi, p. 312. et sequent.
c De cohabitatione Clericorum et Mu- • Mat. Paris, Additament. p. 200. n.
lierum, cap. 1. ad verbum Beneficiati, 9. et in Historia Majon,p. 716, 7. Vide
fol. 64 b. Selden.de Synedriis, part 1. c. 10. p. 383,

570 THE REGAL POWER [SIR R. TWYSDEN.
hardly dealt with, add, That in all of them, if the spiritual
judge proceeded contrary to the King's prohibition, he was
attached, and, appearing before the justices, constrained to
produce his proceedings, that they might determine to which
court the cause belonged : and if found to pertain to the
secular, the spiritual judges were blamed, and, on confession
they had proceeded after the prohibition, were amerced;
but denying it, were compelled to make it good, by the
testimony of two vile varlets a ; but refusing such purgation,
were imprisoned, till by oath they freed themselves to the
justices ; that being cleared, even by the lay, they had no
satisfaction for their expense and trouble. b By which, by
the way, it is manifest how much the King's courts had the
superintendency over the ecclesiastic.
These, and many other particulars of the like nature,
daily exercised, notwithstanding the clamour of some ec
clesiastics, more affecting their own party than the rights of
the Crown, make, there can be no scruple, but the English
did ever understand the outward policy of this church, or
government of it in foro exteriori, to have much depended
on the King ; and therefore the writs for summoning Par
liaments, express the cause of his calling them to be, pro
quibusdam arduis, urgentibus negotiis, nos, statum et defensio-
nem regni nostri Anglice et ecclesice Anglicance concernenti-
busc, or, as our Bishops have sometimes expressed it in the
Rolls of Parliament, a I'onour et reverence de Dieu et de
seinte Esglise, et al salvation et amendement de son roialme,
(fc Likewise the Commons, that their gift of the ninth
sheaf, &c, to Edward III., to have been for his defence of
the kingdom, et de seinte Esglise d' Engleterre. (Rot.
Parliament. 15 Ed. III., n. 25.) According to which our
Kings joined both together, professing their care for amending
the Church to be equal with that of the Commonwealth.
Item fait assavoir, que nostre tres soveraigne seigneur le
Rog, eiantz grande volunte et desir de I' estate de son Esglise,
et de son Royalme, en les choses ou mesteir est d' amende
ment, al honor de Dieu, et pur la pees et la commune
profit de seinte Esglise d' Engleterre, come de tout son
a Vilissimi ribaldi. c Evesque d'excestre Chanceller, Rot.
b Mat. Paris, Additament. p. 202. n. Pari. 20 Ric. 2. n. 1
S9.

SIR R. TWYSDEN.] IN MATTERS ECCLESIASTICAL. 571
Royalme, d'eV advis et assent des seigneurs esperituells, eye.
ad fait, <$fc? In pursuance of which interest residing in the
Crown, the Lords and Commons under Richard IL, fearing
the opinions called Lollardy might prevail, petierunt a Rege
de istis remedium apponi, ne forte archa totius fidei ecclesice
talibus impulsionibus in illius temporibus, pro defectu
gubernaculi, irremediabiliter quateretur.h Upon whose
desires he commanded the Archbishop of Canterbury and
his other Bishops, ut offidum suum singuli in suis dicecesibus
secundum jura canonica acrius et serventius exercerent,
delinquentes castigarent, librosque eorum Anglicos plenius
examinarent, errata exterminarent, populumque in unitatem
fdei orthodoxce reducere studerent, ecclesiamque urticis
[et~\ vepribus defioratam liliis et rosis ornarent, tyc.
After which, the said author records a commission, by which
his Majesty, as Defender of the Catholic Faith, did empower
certain to seize upon heretical books, and bring them before
his council : and such as after proclamation shall be found
to hold such opinions, being called and examined before two
commissioners (who were of the clergy) and lawfully con
victed thereof, to be by his Majesty's ministers committed
to the next prison. Fourteen years after which, the Com
mons show Henry IV., the Parliament might be compared
to a mass, in which the Archbishop of Canterbury being
the office, reading the Epistle and expounding the Gospel0
(which, it seems, they took to be the part of the ecclesiastic,
as did the Saxons before4), et d la mesne qefeust la sacrifice
d'estre offertz d Dieux pur touz Christiens, le Roy mesmes
a cest Parlement, pour accomplir celle mesne, plusieurs
foitz avoit declarez pleinement a toutz ses lieges, coment sa
volunte feust, qe la foy de seint Esglise feust governez en
maniere come il' ad este en temps de ses nobles progenitors,
etcome ilest affirme par seint Esglise, par lesseints doctours,
et par seint Escriture, fyc ; and a little after, showing they,
the Commons, were only to say Deo gratias, which they
were obliged to do for three reasons, the second of which is,
Pur ceo qe la ou la Foy de seint Esglise, par malvaise
a Rot. Pari, at Leicester, 2 Hen. 5. c Rot. Pari. 2 Hen. 4. n. 47.
n. 10. * Supra, §6.
b Hen. Knighton, col. 2708, 40. ann.
1387.

572 THE REGAL POWER [SIR R. TWYSDEN.
doctrine feust en point, d' avoir este anientz, grand subversion
du Roy et du Royalme, mesme nostre Seigneur le Roy ent
ad fait et ordeignez bon et joust remede, en distruction de
tiel doctrine, et de la sect d'ycel peront ilz sont ensement
tenuz de diri cel parole Deo gratias. By all these it must
be granted, they did hold the chief care of the English Church
to have depended (in the outward policy of it) on the Prince ;
or else that they did speak and do very unadvisedly in
attributing so much unto his care of it, and providing that
he might be supplied to defend it, without at all mentioning
any other to whose care it belonged.
Neither did these expressions and petitions pass the Com
mons only, or the clergy over-ruled by the numbers of the
temporality ; but the Bishops, by themselves, acknowledged
how much it stood in his Majesty's care to provide against
any novelties creeping into the English Church, and that it
might enjoy the rights and liberties belonging to it : and
therefore when the said doctrine of Lollardy continued in
creasing, they, in the names Prcelatorum et cleri regni
Anglice, petition Henry IV. : Quatenus .... inclitissimo-
rum progenitorum et ontecessorum vestrorum laudabilia
vestigia graciose considerantes, dignetur vestra regia cel-
situdo pro conservatione dictce Ecclesice Anglicance, ad Dei
laudem, vestrique meritum, et totius regni presdicti pro-
speritatem et honorem, et pro hujusmodi dissentionibus,
divisionibus, dampnis et periculis evitandis, super novitati-
bus et excessibus presdictis in prcssenti Parliamento pro-
videre de remedio opportuno, tyc* Did not these then hold
it the office of the King, as that his progenitors had ever
done, to provide no dissensions, scandals, divisions might
arise in the Church, the Catholic faith might be truly con
served and sustained? and what other did any of our Princes
ever challenge or assume ?
When the clergy likewise went at any time beyond their
bounds, or were negligent performers of their duties, the
subject upon all occasions had recourse unto his Majesty, as
to whose care the seeing what was amiss redressed did
especially belong : as when the ecclesiastical courts were
grievous for the feesb, or their pecuniary penances too
• Rot. Pari. 2 Hen. 4. u. 48. * Rot. Pari. 50 Ed. 3. n. 84. 1 R. 2.
n. 108.

SIR R. TWYSDEN.] IN MATTERS ECCLESIASTICAL. 573
heavy a, when they were oppressed by papal provisions (of
which before), when, through the absence of their curate,
they were not so well taught, &c, when the frequency of
the writ de excommunicato capiendo made it burthensomeb,
when men were cited by them on causes neither matrimonial
nor testamentary, and, appearing, were not allowed a copy
of the libel against them.6 In which case the King's answer
is not unworthy the repeating, showing clearly, he directed
how they should proceed : le Roy voet que a quel heure la
copie de le libel est grantable par la ley, q'il soit graunte
et livere a la partie, sanz difficulte. It is true, Kings would
refer matters of that nature to their Bishops, unto whose
care, under them, it did especially belong : Richard II. being
petitioned in point of residency, answered, II appartient
aux offices des Evesques, et le Roy voet qu'ils facent lour
office et devoirs, tyc? His successor being again pressed in
the same kind, gives his command thus, Facent les Ordi-
naires lour office et devoirs : et per cause qe les pluralites
q'ont este yrantees devant ces heures sont et ount este la
greindre cause de V absence des tiels curats, y plest au Roy
nostre Seigneur de I'advis et assent des Seigneurs en Parle-
ment, escrire par ses honourables lettres a nostre seint pier
le Pope, de revoker et repeller toutes les pluralites generale-
ment, et qe d'es ore en avant nulle pluralite soit graunte
a ascuny en temps a venir? But the Pope, it seems, giving
no satisfaction in the particular, the 11 Hen. IV., the Com
mons again petition, That the riches of the kingdom being
in the hands of churchmen, those livings upon which the
incumbent of common right ought to reside, half of the true
value should remain to himself, but the other to the King.f
To which the answer is, Ceste matiere appertient a seinte
Esglise, et quant a la residence, remede ent fust purveuz en
la darrain Convocation. Yet this matter of non-residence
still molesting the Commonwealth, 3 Hen. VL, the King tells
them, by the advice of the Lords of Parliament, He had
delivered their bill to my Lord of Canterbury, charging
him to pourvey of remedy for his Province, and semblably
* Rot. Pari. Oct. Pur. 25 Ed. 3. n. 35. a Rot. Pari. 17 Ric. 2. n. 43.
b jDijf n, 31. " Rot. Pari. 7 Hen. 4. a. 114.
. * Rot. Pari, at Leicester, 2 Hen. 5. ' Rot. Pari. 1 1 Hen. 4. u. 70.
pet. des Coes. 5 Vide Rot. Pari. 46
Ed. 3. n. 36, 37. u. 41, 42.

574 THE REGAL POWER [SIR R. TWYSDEN.
shall write to the Church of York for that Province? By
which we may see the King, Archbishop, and Convocation
did conceive themselves to have a power of redressing things
in this Church, which yet in civility they thought fit first to
acquaint the Pope with, as a spiritual doctor or patriarch,
however of great esteem, yet not endued with a power of
commanding in this Church otherwise than the laws of the
kingdom, the contracts with the Papacy did bear.
Now it cannot be doubted that all these petitions of the
Commons, and sundry more which may be produced, had
been by them vainly preferred, had they not taken the King
to have been vested with a power of redressing things
blameable in the government of the Church. But when we
say the Prince, as the principal, without whom nothing is
done, may be rightly termed Head, in the act of reformation,
our meaning is not, that he will deal in points of ecclesiastic
cognizance without the advice of his Bishops, and other
learned of the clergy : we know, in things proper, Joshua
is to take counsel of Eleazer", and the Kings of this nation
have ever done so.
When Edgar intended the advancing Christi gloriam, he
chose him three Bishops to be his patres spirituales and
consiliarios?- But to speak of later times : when the Com
mons endeavoured a reformation of some things in the
Church, Henry VIII. would not answer their desires, till he
had first acquainted the spirituality.11 When he intended to
publish a book of the principal articles and points of our faith,
with the declaration . . . of other expedient points, and also for
the lawful rites and ceremonies to be observed within this
realm, he ordained it to be by the Archbishops and sundry
Bishops of both provinces 6 ; and also a great number of the
best learned, honestest, and most virtuous sort of doctors of
divinity, men of discretion, judgment, and good disposition,
&c. And Edward VI. minding a farther reformation of
some usages in the administration of the eucharist, he
caused it to be made by the most grave and learned of his
realm for that purpose by his directions assembled at
a Rot. Pari. 3 Hen. 6. n. 37, 38. Vide d Hall, 23 Hen. 8. fol. 202. b. 24
4 Hen. 6. n. 31. Hen. 8. fol. 205. a. Herbert, p. 329,
b Numbers, xxvii. 21. 1581-2.
c Concil. Spelm. p. 433. » Stat. 32 Hen. 8. cap. 26.

SIR R. TWYSDEN.] IN MATTERS ECCLESIASTICAL. 575
Windsor a ; who afterwards, for taking away divers and
sundry differing forms and fashions which had formerly been
used in sundry churches of England and Wales, appointed
the Archbishop of Canterbury, and certain of the most learned
and discreet Bishops, and other learned men of the realm, to
consider of the premises, who, by the aid of the Holy Ghost,
with one uniform agreement concluded on and set forth the
book of Common Prayer, &c.b Upon which the two Houses
of Parliament, considering as well the most godly travail of
the King's highness, ... in gathering and collecting the
said Archbishops, Bishops and learned men together, as &c.
do give to his Highness most hearty and lowly thanks, &c.
So that it is apparent, the King, in composing this book, did
not assume to himself, or the Parliament attribute unto him,
any other than assembling of the Bishops and other learned
men together, to take their consultations.
And they, observing the great diversity in saying and
singing in several churches6, the difficulty of finding what
was proper for each day (apt to breed confusion), reduced
the public service of the Church to one form more facile and
of better edification, following therein the examples of divers
holy Bishops, and others : for if Guar in us, Abbot of St.
Alban's, in the office used in his church about 1 1 90, might
superfiua resecare, to reduce the prayers there to one formd ;
if Agobardus in France, might amputare superfiua vel levia,
tyc? ; if Osmund, Bishop of Salisbury in England, quoniam
singulee fere Diceceses in statis et precariis horis dicendis
variabant, adhanc varietatem tollendam, et ut quasi absolwtum
quoddam precandi, quo omnes uti possent, exemplar exstaret,
eas in eum fere ordinem et commodam rationem, quam hodie
omnes prope Anglice, Cambrics, et Hibernice, (viz. the Course
of Salisbury) Ecclesice sequuntur, magno et prudenti rerum
ex sacris scripturis, et probatis Ecclesice historiis delectu,
distribuit et digessit* ; if these, I say, might do it on their
own motion, there is no question, such of the clergy as
were appointed by the King, might on his desire take it into

¦ Fox, Acts and Monuments, torn. ii. d Mat. Paris, vit. Abbat. S. Albani,
p. 658. col. 1. et p. 659. col. 2. p. 101, 17, 19.
b Statut. 2 et 2 Ed. 6. cap. I. • Agobardi, Opera, Paris, 1605. p. 392.
0 Preface to the book of Ed. VI. , f Harpsfield, Hist. Anglican. Eccles.
1549. sect. 1 1. cap. 19. p. 251, 48.

576 THE REGAL POWER. [SIR R. TWYSDEN,
consideration, and remove matters offensive, or less to
edification. Neither did Queen Elizabeth at the beginning of her reign
alter some passages in it, but by the opinions of divines
eruditis et moderatis a ; to whom was added a learned knight,
Sir Thomas Smith, to whose care the supervising of it had
by the house of Commons been committed (2 Edw. VL),
and therefore knew better than any other to give an account
of that book.
Nor did herself or the House of Lords use differing ways,
when the Commons at other times have sought some change
in the ecclesiastical government6 ; as the 23rd and 27th of
her reign, where though the Lord Treasurer made a short
beginning, yet be left the satisfactory answers to be given
them by the Archbishop of York.
Insomuch as we may safely conclude, when the clergy in
convocation styled Henry VIII. Ecclesice Anglicance pro-
testorem unicum, et supremum dominum, et quantum per
Christi leges licet, supremum caput, they added nothing
new unto him but a title ; for he and his successors after
it, did never exercise any authority in causes ecclesiastical,
not warranted by the practice of former Kings of the nation.
By all which the second question remains sufficiently
proved, that our Kings were originally endued with au
thority to cause the English Church to be reformed by the
advice of their Bishops, and other of the clergy, as agreeing
with the practice of all ages. For who introduced the
opinion of transubstantiation ? Made it an article of faith ?
Barred the lay of the cup ? Priests of marriage ? Who
restored the mass in Queen Mary's days, before any recon
ciliation made with Rome ? But the ecclesiastics of this
kingdom under the Prince for the time being, who com
manded or connived at it.
a Camden, Annales Eliz. b Joum. des Coes. 23 Eliz., March
3. et 7 , et 27 Eliz., Februar. 25.

APPENDIX.

BEDE'S ECCLESIASTICAL HISTORY.

BOOK II. CHAP. II,
The account of St. Gregory, which
has been handed down to us by the
tradition of our ancestors, is not to be
passed by in silence, in relation to his
motives for taking such interest in the
salvation of our nation. It is reported,
that some merchants, having just arrived
at Rome on a certain day, exposed many
things for sale in the market-place, and
abundance of people resorted thither to
buy : , Gregory himself went with the
rest, and among other things, some
boys were set to sale, their bodies white,
their countenances beautiful, and their
hair very fine. Having viewed them,
he asked, as is said, from what country
or nation they were brought ? and was
told, from the island of Britain, whose
inhabitants were of such personal ap
pearance. He again inquired whether
those islanders where Christians, or still
involved in the errors of paganism ? and
was informed that they were pagans.
Then fetching a deep sigh from the bot
tom Tof his heart, " Alas 1 what pity,"
said he, " that the author of darkness is
possessed of men of such fair counte
nances ; and that being remarkable for
such graceful aspects, their minds should
be void of inward grace." He there
fore again asked, what was the name of
that nation? and was answered, that
they were called Angles. " Right,"
said he " for they have an Angelic face,
and it becomes such to be co-heirs with
the Angels in heaven. What is the
name," proceeded he, " of the province
from which they are brought ? " It was
replied, that the natives of that province
were called Deiri. " Truly are they
JDeira," said he, withdrawn from wrath,
and called to the mercy of Christ. How

is the king of that province called?1'
They told him his name was iElla ; and
he, alluding to the name, said, "Halle
lujah, the praise of God the Creator
must be sung in those parts."
Then repairing to the bishop of the
Roman apostolical seea (for he was not
himself then made pope), he entreated
him to send some ministers of the Word
into Britain to the [nation of the Eng
lish, by whom it might be converted to
Christ; declaring himself ready to
undertake that work, by the assistance
of God, if the apostolic pope should
think fit to have it so done. Which not
being then able to perform, because,
though the pope was willing to grant
his request, yet the citizens of Rome
could not be brought to consent that so
noble, so renowned, and so learned a
man should depart the city ; as soon as
he was himself made pope, he perfected
the long-desired work, sending other
preachers, but himself by his prayers
and exhortations assisting the preaching,
that it might he successful. This ac
count, as we have received it from the
ancients, we have thought fit to insert
in our Ecclesiastial History.

BOOK I. CHAP. XXIII.
How Pope Gregory sent Augustine, with
other monks, to preach to the English
nation, and encouraged them by a letter
of exhortation, not to cease from their
labour, [a.d. 596.]
In the year of our Lord 582, Maurice,
the 6fty-fourth from Augustus, ascended

a Benedict I. Gregory was made Bishop of
Rome, a.d. 590.

VOL. III.

P P

578

bede's ecclesiastical history, [a

PPENDIX.

the throne, and reigned twenty-one
years. In the tenth year of his reign,
Gregory, a man renowned for learning
and behaviour, was promoted to the
apostolical see of Rome, and presided
over it thirteen years, six months, and
ten days. He, being moved by Divine
inspiration, in the fourteenth year of the
same emperor, and about the one hun
dred and fiftieth after the coming of the
English into Britain, sent the servant of
God, Augustinea, and with him several
other monks, who feared the Lord, to
preach the word of God to the English
nation. They having, in obedience to
the Pope's commands, undertaken that
work, were, on their journey, seized with
a sudden fear, and began to think of
returning home, rather than proceed to
a barbarous, fierce, and unbelieving
nation, to whose very language they
were strangers ; and this they unani
mously agreed was the safest course.
In short, they sent back Augustine,
who had been appointed to be conse
crated bishop in case they were received
by the English, that he might, by
humble enteaty, obtain of the holy Gre
gory, that they should not be compelled
to undertake so dangerous, toilsome,
and uncertain a journey. The Pope, in
reply, sent them a hortatory epistle,
persuading them to proceed in the work
of the Divine word, and rely on the
assistance of the Almighty. The pur
port of which letter was as follows : —
tc Gregory, the servant of the servants of
God, to the servants of our Lord. For
asmuch as it had been better not to be
gin a good work, than to think of de
sisting from that which has been begun,
it behoves you, my beloved sons, to ful
fil the good work, which, by the help of
our Lord, you have undertaken. Let
not, therefore, the toil of the journey,
nor the tongues of evil-speaking men,
deter you ; but with all possible earnest
ness and zeal perform that which, by
God's direction, you have undertaken ;
being assured, that much labour is fol
lowed by an eternal reward. "When
Augustine, your chief, returns, whom
we also constitute your abbat, humbly
obey him in all things ; knowing, that
whatsoever you' shall do by his direc
tion, will, in all respects, be available to
your souls. Almighty God protect you
with his grace, and grant that I may, in
R Augustine was prior of St. Gregory's mo
nastery, dedicated to St. Andrew, in Rome.

the heavenly country, see the fruits of
your labour. Inasmuch as, though I
cannot labour with you, I shall partake
in the joy of the reward, because I am
willing to labour. God keep you in
safety, my most beloved sons. Dated
the 23d of July, in the fourteenth year
of the reign of our pious and most
august lord, Mauritius Tiberius, the
thirteenth year after the consulship of
our said lord. The fourteenth indie-
tion."
CHAP. XXIV.
How he wrote to the bishop of Arks to
entertain them. [a. d. 596.1
The same venerable Pope also sent a
letter to iEtherius, Bishop of Aries11,
exhorting him to give favourable enter
tainment to -Augustine on his way to
Britain ; which letter was in these
words : —
" To his most reverend and holy brother
and fellow bishop JEtherius, Gregory, the
servant of the servants of God. Although
religious men stand in need of no re
commendation with priests who have the
charity which is pleasing to God ; yet
as a proper opportunity is offered to
write, we have thought fit to send you
this our letter, to inform you, that we
have directed thither, for the good of
souls, the bearer of these presents, Au
gustine, the servant of God, of whose
industry we are assured, with other ser
vants of God, whom it is requisite that
your Holiness assist with priestly affec
tion, and afford him all the comfort in
your power. And to the end that you
may be the more ready in your assist
ance, we have enjoined him particularly
to inform you of the occasion of his
coming ; knowing, that when you are
acquainted with it, you will, as the mat
ter requires, for the sake of God, zeal
ously afford him your relief. We also
in all things recommend to your
charity; Candidus, the priest, our com
mon son, whom we have transferred to
the government of a small patrimony in
our Church. God keep you in safety,
most reverend brother. Dated the 23d
day of July, in the fourteenth year of
the reign of our most pious and august
b This is an error in Bede. Dr. Lingard at-
tributes the origin of the error to Notlielm, who
was deputed by Bede to search the Papal ar
chives, and to copy from them documents for
his work. The same error occurs in chaps.
xxvii. and xxviii.

Appendix.] BEDE S ECCLESIASTICAL HISTORY.

579

lord, Mauritius Tiberius, the thirteenth
year after the consulship of our lord
aforesaid. The fourteenth indiction."

CHAP. XXV.
Augustine, coming into Britain, first
preached in the Isle of Thanet to King
Ethelbert, and having obtained licence,
entered the hingdom of Kent, in order
to preach therein, [a. u. 597.]
Augustine, thus strengthened by the
confirmation of the blessed Father
Gregory, returned to the work of the
word of God, with the servants of
Christ, and arrived in Britain. The
powerful Ethelbert was at that time
king of Kent3; he had extended his
dominions as far as the great river Hum-
ber, by which the Southern Saxons are
divided from the Northern. On the
east of Kent is the large Isle of Thanet,
containing, according to the English way
of reckoning, 600 families, divided from
the other land by the river Wantsum,
which is about three furlongs over, and
fordable only in two places, for both
ends of it run into the sea. In this
island landed the servant of our Lord,
Augustine, and his companions, being,
as is reported, nearly forty men. They
had, by order of the blessed Pope Gre
gory, taken interpreters of the nation
of the Franks^, and sending to Ethel
bert, signified that they were come from
Rome, and brought a joyful message,
which most undoubtedly assured to all
that took advantage of it everlasting joys
in heaven, and a kingdom that would
never end, with the living and true God.
The king having heard this, ordered
them to stay in that island where they
had landed, and that they should be
furnished with all necessaries, till he
should consider what to do with them.
For he had before heard of the Christian
religion, having a Christian wife of the
royal family of the Franks, called Ber
tha c ; whom he had received from her
parents, upon condition that she should
be permitted to practise her religion, with
a Ethelbert was the third Bretwalda, or do
minant king.
b The Franks and English Saxons were equally
German nations; the former came 130 years
earlier from beyond the Rhine ; the latter from
the countries about the mouths of the Rhine
and the Elbe, and about Holstein, on the conti
nent of Denmark, still called Jutland.
c Daughter of Charibert, king of Paris.

the Bishop Luidhardd, who was sent
with her to preserve her faith. Some
days after, the king came into the
island, and sitting in the open air,
ordered Augustine and his companions
to be brought into his presence. For he
had taken precaution that they should
not come to him in any house, lest, ac
cording to an ancient superstition, if
they practised any magical arts, they
might impose upon him, and so get the
better of him. But they came furnished
with divine, not with magic virtue,
bearing a silver cross for their banner,
and the image of our Lord and Saviour
painted on a board ; and singing the
litany, they offered up their prayers to
the Lord for the eternal salvation both
of themselves and of those to whom
they were come. When he had sat
down, pursuant to the king's commands,
and preached to him and his attendants
there present the word of life, the king
answered thus : " Your words and pro
mises are very fair, but as' they are new
to us, and of uncertain import, I cannot
approve of them so far as to forsake that
which I have so long followed with the
whole English nation. But because
you are come from far into my kingdom,
and, as I conceive, are desirous to im
part to us those things which you be
lieve to be true, and most beneficial, we
will not molest you, but give you fa
vourable entertainment, and take care to
supply you with your necessary sus
tenance ; nor do we forbid you to preach
and gain as many as you can to your
religion." Accordingly he permitted
them to reside in the city of Canterbury,
which was the metropolis of all his
dominions, and, pursuant to his promise,
besides allowing them sustenance, did
not refuse them liberty to preach. It
is reported that, as they drew near to
the city, after their manner, with the
holy cross, and the image of our sove
reign Lord and King, Jesus Christ,
they, in concert, sung this litany : "We
beseech thee, O Lord, in all thy mercy,
that thy anger and wrath be turned
away from this city, and from thy
holy house, because we have sinned.
Hallelujah,"8 d Bishop of Senlis.
e "With St. Augustine, it is recorded that St.
Gregory sent the following books: — A Bible in
two vols. ; a Psalter, and a book of the Gospels ;
a book of Martyrology ; Apocryphal Lives of
the Apostles ; and Expositions of certain Epistles
and Gospels. The Canterbury Book, in the

r 2

580

BEDE*S ECCLESIASTICAL HISTORY. [Appendix.

CHAP. XXVI.
St. Augustine in Kent followed the Doc
trine and Manner of Living of the Pri
mitive Church, and settled his Episcopal
See in the Royal City. [a. i>. 597.]
As soon as they entered the dwelling-
place assigned them, they began to imi
tate the course of life practised in the
primitive Church, applying themselves
to frequent prayer, watching, and fast
ing ; preaching the word of life to as
many as they could ; despising all
worldly things, as not belonging to
them ; receiving only their necessary
food from those they taught ; living
themselves in all respects conformably
to what they prescribed to others, and
being always disposed to suffer any ad
versity, and even to die for that truth
which they preached. In short, several
believed and were baptized, admiring
the simplicity of their innocent life, and
the sweetness of their heavenly doctrine.
There was on the east side of the city a
church, dedicated to the honour of St.
Martin, built whilst the Romans were
still in the island, wherein the queen,
who, as has been said before, was a
Christian, used to pray. In this they
first began to meet, to sing, to pray, to
say mass, to preach, and to baptize, till
the king, being converted to the faith,
allowed them to preach openly, and build
or repair churches in all places.
When he, among the rest, induced by
the unspotted life of these holy men,
and their delightful promises, which, by
many miracles, they proved to be most
certain, believed and was baptized,
greater numbers began daily to flock to
gether to hear the Word, and, forsaking
their heathen rites, to associate them
selves, by believing, to the unity of the
Church of Christ. Their conversion
the king so far encouraged, as that be
compelled none to embrace Christianity,
but only showed more affection to the
believers, as to his fellow-citizens in the
heavenly kingdom ; for he had learned
library of Trinity Hall, Cambridge, closes the
brief catalogue in these expressive words, —
" These are the foundation, or beginning, of the
library of the whole English Church, a.d. 601."
Bishop Cosin, in his " Scholastical History of
the Canon of Holy Scripture," p. 135—139., 4to.
London, 1672, shows that the Bible of St. Gre
gory the Great was, according to the canon of
the ancient Church, set forth by St. Jerome and
the Fathers before him, and not according to
the modern Roman canon of the Council of
Trent.

from his instructors and leaders to sal
vation, that the service of Christ ought
to be voluntary, not by compulsion.
Nor was it long before he gave his
teachers a settled residence in his metro
polis of Canterbury, with such posses
sions of different kinds as were necessary
for their subsistence.

CHAP. XXVII.
St. Augustine, being made Bishop, sends
to acquaint Pope Gregory with what
had been done, and receives Ms Answer
to the Doubts he had proposed to him.
[a. d. 597.]
In the meantime, Augustine, the man
of God, repaired to Aries, and, pursuant
to the orders received from the holy
Father Gregory, was ordained arch
bishop of the English nation, by iEthe*
riusa, archbishop of that city. Then
returning into Britain, he sent Lauren*
tius the priest, and Peter the monk, to
Rome, to acquaint Pope Gregory that
the nation of the English had received
the faith of Christ, and that he was
himself made their bishop. At the
same time, he desired his solution of
some doubts that occurred to him. He
soon received proper answers to his
questions, which we have also thought
fit to insert in this our history : —
Augustine's Second Question. — Whereas
the faith is one and the same, why are
there different customs in different
churches? and why is one custom of
masses observed in the holy Roman
Church, and another in the Gallican
Church ?
Pope Gregory answers — - You know,
my brother, the custom of the Roman
Church, in which you remember you
were bred up. But it pleases me, that
if you have found any thing, either in
the Roman, or the Gallican, or any other
Church, which may be more acceptable
to Almighty God, you carefully make
choice of the same, and sedulously teach
the Church of the English, which as yet
is new in the faith, whatsoever you can
gather from the several churches. For
things are not to be loved for the sake
of places, but places for the sake of good
things. Choose, therefore, from every
Church those things that are pious, re
ligious, and upright, and when you havej
a For JEtherius read Vergilius.

•

Afpendix.] BEDE's ECCLESIASTICAL HISTORY.

581

as it were, made them up into one body,
let the minds of the English be accus
tomed thereto.
Augustine's Third Question. — I be
seech you to inform me what punish
ment must be inflicted, if any one shall
take any thing by stealth from the
Church? Gregory answers — You may judge,
my brother, by the person of the thief,
in what manner he is to be corrected ;
for there are some who, having sub
stance, commit theft ; and there are
others who transgress in this point
through want. Wherefore it is requi
site that some be punished in their
purses, others with stripes ; some
with more severity, and some more
mildly. And when the severit)' is more,
it is to proceed from charity, not from
passion, because this is done to him who
is corrected, that he may not be deli
vered up to hell fire. For it behoves us
to maintain discipline among the faith
ful, as good parents do with their carnal
children, whom they punish with stripes
for their faults, and yet design to make
those their heirs whom they chastise ;
and they preserve what they possess for
those whom they seem in anger to per
secute. This charity is, therefore, to be
kept in mind, and it dictates the measure
of the punishment, so that the mind may
do nothing beyond the rule of reason.
You may add, that they are to restore
those things which they have stolen from
the Church. But God forbid that the
Church should make profit from those
earthly things which it seems to lose, or
seek gain out of such vanities.
Augustine's Fourth Question. — Whe
ther two brothers may marry two sisters,
which are of a family far removed from
them ?
Gregory answers — This may lawfully
be done, for nothing is found in holy
writ that seems to contradict it.
Avgustine's Fifth Question. — To what
degree may the faithful rnarry with their
kindred? and whether it is lawful for
men to marry their stepmothers and
relations ?
Gregory answers. — A certain worldly
law in the Roman commonwealth al
lows, that the son and daughter of a
brother and sister, or of two brothers,
or two sisters, may be joined in matri
mony ; but we have found by experience
that no offspring can come of such wed
lock ; and the Divine Law forbids a

man to " uncover the nakedness of his
kindred." Hence of necessity it must
be the third or fourth generation of the
faithful that can be lawfully joined in
matrimony ; for the second, which we
have mentioned, must altogether abstain
from one another. To marry with one's
stepmother is a heinous crime, because
it is written in the law, " Thou shalt
not uncover the nakedness of thy father:"
now the son, indeed, cannot uncover his
father's nakedness; but in regard that
it is written, " They shall be two in one
flesh," he that presumes to uncover the
nakedness of his stepmother, who was
one flesh with his father, certainly un
covers the nakedness of his father. It
is also prohibited to marry with a sister-
in-law, because by the former union she
is become the brother's flesh. For which
thing also John the Baptist was beheaded,
and ended his life in holy martyrdom.
For, though he was not ordered to deny
Christ, and indeed was killed for con
fessing Christ, yet in regard that the
same Jesus Christ, our Lord, said, " I am
the Truth," because John was killed for
the truth, he also shed his blood for Christ.
But forasmuch as there are many of
the English, who, whilst they were still
in infidelity, are said to have been joined
in this execrable matrimony, when they
come to the faith they are to be admo
nished to abstain, and be made to know
that this is a grievous sin. Let them
fear the dreadful judgment of God, lest,
for the gratification of their carnal ap
petites, they incur the torments of eternal
punishment. Yet they are not on this
account to be deprived of the communion
of the body and blood of Christ, lest they
seem to be punished for those things
which they did through ignorance be
fore they had received baptism. For at
this time the Holy Church chastises some
things through zeal, and tolerates soma
through meekness, and connives at some
things through discretion, that so she may
often, by this forbearance and connivance,
suppress the evil which she disapproves.
But all that come to the faith are to be
admonished not to do such things. And
if any shall be guilty of them, they are
to be excluded from the communion of
the body and blood of Christ. For as
the offence is, in some measure, to be
tolerated in those who did it through
ignorance, so it is to be strenuously pro
secuted in those who do not fear to sin
knowingly.

P p 3

582

BEDE's ECCLESIASTICAL HISTORY. [Appendix.

Augustine's Seventh Question. — How
are we to deal with the bishops of France
and Britain?
Gregory ansiuers — We give you no
authority over the bishops of France,
because the bishop of Aries received the
pall in ancient times from my predeces
sor, and we are not to deprive him of
the authority he has received. If it shall
therefore happen, my brother, that you
go over into the province of France, you
are to concert with the said bishop of
Aries, how, if there be any faults among
the bishops, they may be amended. And
if he shall bo lukewarm in keeping up
discipline, he is to be corrected by your
zeal ; to whom we have also written,
that when your holiness shall be in
France, he may also use all his endea
vours to assist you, and put away from
the behaviour of the bishops all that
shall be opposite to the command of our
Creator. But you, of your own autho
rity, shall uot have power to judge the
bishops of France, but by persuading,
soothing, and showing good works for
them to imitate; you shall reform the
minds of wicked men to the pursuit of
holiness ; for it is written in the Law,
" When thou comest into the standing
corn of thy neighbours, then thou mayest
pluck the ears with thine hand ; but
thou shalt not move a sickle unto thy
neighbour's standing corn." For thou
mayest not apply the sickle of judgment
in that harvest which seems to have been
committed to another ; but by the effect
of good works thou shalt clear the Lord's
wheat of the chaff of their vices, and con
vert them into the body of the Church,
as it were, by eating. But whatsoever
is to be done by authority, must be
transacted with the aforesaid bishop of
Aries, lest that should be omitted, which
the ancient institution of the fathers has
appointed. But as for all the bishops
of Britain, we commit them to your
care, that the unlearned may be taught,
the weak strengthened by persuasion,
and the perverse corrected by authority.
CHAP. XXVIII.
Pope Gregory writes to the Bishop of
Aries to assist Augustine in the work
of God. [a. li. 601.]
Thus far the answers of the holy Pope
Gregory to the questions of the most
reverend Prelate Augustine. But the

epistle, which he says he had written to
the bishop of Aries, was directed to
Vergilius, successor to JEtherius, the
copy whereof follows : —
" To his most reverend and holy brother
and fellow bishop, Vergilius ; Gregory,
servant of the servants of God. Willi
how much affection brethren, coming of
their own accord, are to be entertained,
is well known, by their being for the
most part invited on account of charity.
Therefore, if our common brother, Bishop
Augustine, shall happen to come to you,
1 desire your love will, as is becoming,
receive him so kindly and affectionately,
that he may be supported by the honour
of your consolation, and others be in
formed how brotherly charity is to he
-cultivated. And, since it often happens
that those who are at a distance, sooner
than others, understand the things that
need correction, if any crimes of priests
or others shall happen to be laid before
you, you will, in conjunction with him,
sharply inquire into the same. And do
you both act so strictly and carefully
against those things which offend God,
and provoke his wrath, that for the
amendment of others, the punishment
may fall upon the guilty, and the inno
cent may not suffer an ill name. God
keep you in safety, most reverend bro
ther. Given the 22d day of June, in
the nireteenth year of the reign of our
pious and august emperor, Mauritius
Tiberius, and the eighteenth year after
the consulship of our said lord. The
fourth indiction."

CHAP. XXIX.
The same Pope sends Augustine the Pall,
an Epistle, and several Ministers of the
Word. [a.d. 601.]
Moreover, the same Pope Gregory,
hearing from Bishop Augustine, that he
had a great harvest, and but few labour
ers, sent to him, together with his afore
said messengers, several fellow-labourers
and ministers of the Word, of whom the
first and principal were Mellitus, Justus,
Paulinus, and Rufinianus, and by them
all things in general that were necessary
for the worship and service of the Church,
viz., sacred vessels and vestments for the
altars, also ornaments for the churches,
and vestments for the priests and clerks,
as likewise relics of the holy apostles
and martyrs ; besides many bopks. He

Appendix.] BEDE S ECCLESIASTICAL HISTORY.

583

also sent letters, wherein he signified
that he had transmitted the pall to him,
and at the same time directed how he
should constitute bishops in Britain.
The letters were in these words : —
" To his most reverend and holy brother
and fellow bishop, Augustine ; Gregory
the servant of the servants of God.
Though it be certain that the unspeak
able rewards of the eternal kingdom
are reserved for those who labour for
Almighty God, yet it is requisite that
we bestow on them the advantage of
honours, to the end that they may by
this recompense be enabled the more
vigorously to apply themselves to the
care of their spiritual work. And in
regard that the new Church of the English
is, through the goodness of the Lord, and
your labours, brought to the grace of God,
we grant you the use of the pall in the
same, only for the performing of the solemn
service of the mass; so that you in several
places ordain twelve bishops, who shall be
subject to your jurisdiction, so that the
Bishop of London shall for the future be
always consecrated by his own synod, and
that he receive the honour of the pall from
this holy and apostolical see, which I, by
the grace of God, now serve. But we will
have you send to the city of York such a
bishop as you shall think fit to ordain;
yet so, that if that city, with the places ad-
'oining, shall receive the word of God, that
bishop shall also ordain twelve bishops, and
enjoy the honour of a metropolitan ; for we
design, if we live, by the help of God, to
bestow on him also the pall; and yet we
will have him to be subservient to your
authority ; but after your decease, he shall
so preside over the bishops he shall ordain,
as to be in no way subject to the jurisdic
tion of the Bishop of London. But, for
the future let this distinction be between
the bishops of the cities of London and
York, that he may have the precedence
who shall be first ordained. But let
them unanimously dispose, by common
advice and uniform conduct, whatsoever
is to be done for the zeal of Christ ; let
them judge rightly, and perform what
they judge convenient in a uniform
manner. *e But to you, my brother, shall, by
the authority of our God and Lord Jesus
Christ, be subject not only those bishops
you shall ordain, and those that shall
be ordained by the Bishop of York, but
also all the priests in Britain ; to the
end that from the mouth and life of your

holiness they may learn the rule of be
lieving rightly, and living well, and ful
filling their office in faith and good
manners, they may, when it shall please
the Lord, attain the heavenly kingdom.
God preserve you in safety, most re
verend brother.
" Dated the 22nd of June, in the
nineteenth year of the reign of our most
pious lord and emperor, Mauritius Tibe
rius, the eighteenth year after the con
sulship of our said lord. The fourth
indiction."

CHAP. XXXI.
Pope Gregory, by letter, exhorts Augustine
not to glory in his Miracles, [a. d. 601.]
At which time he also sent Augus
tine a letter concerning the miracles that
he had heard had been wrought by him;
wherein he admonishes him not to incur
the danger of being puffed up by the
number oi them. The letter was in
these words : —
" I know, mo<t loving brother, that
Almighty God, by means of your affec
tion, shows great miracles in the nation
which he has chosen. Wherefore it is
necessary that you rejoice with fear, and
tremble whilst you rejoice, on account
of She same heavenly gift j viz, that you
may rejoice because the souls of the
English are by outward miracles drawn
to inward grace; but that you fear, lest,
amidst the wonders that are wrought,
the weak mind my be puffed up in its
own presumption, and as it is externally
raised to honour, it may thence inwardly
fall by vain glory. For we must call to
mind, that when the disciples returned
with joy after preaching, and said to
their heavenly Master, ' Lord, in thy
name, even the devils are subject to us;'
they were presently told, ' Do not re
joice on this account, but rather rejoice
for that your names are written in
heaven.' For they placed their thoughts
on private and temporal joys, when they
rejoiced in miracles ; but they are re
called from the private to the public,
and from the temporal to the eternal
joy, when it is said to them, * Rejoice
for this, because your names are written
in heaven.' For all the elect do not
work miracles, and yet the names of all
are written in heaven. For those who
are disciples of the truth ought not to
rejoice, save for that good thing which
r 4

584

BEDE's ECCLESIASTICAL HISTORY. [Ap

all men enjoy as well as they, and of
which their enjoyment shall be without
end. " It remains, therefore, most dear
brother, that amidst those things which,
through the working of our Lord, you
outwardly perform, you alwayfc inwardly
strictly judge yourself, and clearly un
derstand both what you are yourself,
and how much grace is in that same
nation, for the conversion of which you
have also received the gift of working
miracles. And if you remember that
you have at any time offended our Crea
tor, either by word or deed, that you
always call it to mind, to the end that
the remembrance of your "guilt may
crush the vanity which rises in your
heart. And whatsoever you shall re
ceive, or have received, in relation to
working miracles, that you consider the
same, not as conferred on you, but on
those for whose salvation it has been
given you."

CHAP. XXXII.
Pope Gregory sends Letters and Presents
to King Ethelbert.
The same holy Pope Gregory, at the
same time, sent a letter to King Ethel
bert, with many presents of several sorts ;
being desirous to glorify the king with
temporal honours, at the same time that
he rejoiced that through his labour and
zeal he had attained the knowledge of
the heavenly glory. The copy of the
said letter is as follows : —
" To the most glorious Lord, and his
most excellent son, Ethelbert, king of the
English, Bishop Gregory, Almighty
God advances all good men to the go
vernment of nations, that he may by
their means bestow the gifts of his
mercy on those over whom they are
placed. This we know to have been
done in the English nation, over whom
your glory was therefore placed, that by
means of the goods which are granted
to you, heavenly benefits might also be
conferred on the nation that is subject
to you. Therefore, my illustrious son,
do you carefully preserve the grace
which you have received from the Divine
goodness, and hasten to promote the
Christian faith, which you have em
braced, among the people under your
subjection; multiply the zeal of your

uprightness in their conversion ; sup
press the worship of idols; overthrow
the structures of the temples; edify the
manners of your subjects by much clean
ness of life, exhorting, terrifying, sooth
ing, correcting, and giving examples of
good works, that you may find him
your rewarder in heaven, whose name
and knowledge you shall spread abroad
upon earth. For he also will render
the fame of your honour more glorious
to posterity, whose honour you seek and
maintain among the nations.
" For even so Constantine, our most
pious emperor, recovering the Roman
commonwealth from the perverse wor
ship of idols, subjected the same with
himself to our Almighty God and Lord
Jesus Christ, and was himself, with the
people under his subjection, entirely
converted to him. Whence it followed,
that his praises transcended the fame ot
former princes ; and he as much ex
celled his predecessors in renown as he
did in good works. Now, therefore,
let your glory hasten to infuse into the
kings and people that are subject to
you the knowledge of one God, Father,
Son, and Holy Ghost ; that you may
both surpass the ancient kings of your
nation in praise and merit, and become
by so much the more secure against
your own sins before the dreadful judg
ment of Almighty God, as you shall
wipe away the sins of others in your
subjects. " Willingly hear, devoutly perform,
and studiously retain in your memory,
whatsoever you shall be advised by our
most reverend brother, Bishop Augus
tine, who is instructed in the monastical
rule, full of the knowledge of the holy
Scripture, and, by the help of God, en
dued with good works ; for if you give
ear to him in what he speaks for Al
mighty God, the same Almighty God
will the sooner hear him praying for
you. But if (which God avert !) you
slight his words, how shall Almighty
God hear him in your behalf, when you
neglect to hear him for God? Unite
yourself, therefore, to him with all your
mind, in the fervour of faith, and further
his endeavours, through the assistance
of that virtue which the Divinity affords
you, that He may make you partaker
of His kingdom, whose faith you cause
to be received and maintained in your
own. " Besides, we would have your glory

Appendix.] BEDE S ECCLESIASTICAL HISTORY.

585

know, we find in the holy Scripture,
from the words of the Almighty Lord,
that the end of this present world, and
the kingdom of the saints, is about to
come, which will never terminate. But
as the same end of the world approaches,
many things are at hand which were
not before, viz. changes of air, and ter
rors from heaven, and tempests \>ut of
the order of the seasons, wars, famines,
plagues, earthquakes in several places ;
which things will not, nevertheless,
happen in our days, but will all follow
after our days.
" If you, therefore, find any of these
things to happen in your country, let
not your mind be in any way disturbed ;
for these signs of the end of the world
are sent before, for this reason, that we
may be solicitous for our souls, suspi
cious of the hour of death, and may be
found prepared with good works to
meet our Judge. Thus much, my illus
trious son, I have said in few words, to
the end that when the Christian faith
shall increase in your kingdom, our dis
course to you may also be more copious,
and we may be pleased to say the more,
in proportion as joy for the conversion
of your nation is multiplied in our
mind. " I have sent you some small presents,
which will not appear small, when re
ceived by you with the blessing of the
holy apostle, Peter. May Almighty
God, therefore, perfect in you his grace
which He has begun, and prolong your
life here through a course of many
years, and after a time receive you into
the congregation of the heavenly country.
May heavenly grace preserve your ex
cellency in safety.
" Given the 22d day of June, in the
nineteenth year of the reign of the most
pious emperor, Mauritius Tiberius, in
the eighteenth year after his consulship.
Fourth indiction."

CHAP. XXXIII.
Augustine repairs the Church of our
Saviour, and builds the Monastery of
St. Peter the Apostle; Peter the first
Abbat of the same. [a. d. 602.]
Augustine having his episcopal see
granted him in the royal city, as has
been said, and being supported by the
, king, recovered therein a church, which
he was informed had been built by the

ancient Roman Christians, and conse
crated it in the name of our holy Sa
viour, God and Lord, Jesus Christ,
and there established a residence for
himself and his successors.3 He also
built a monastery not far from the city
to the eastward, in which, by his advice,
Ethelbert erected from the foundation
the church of the blessed apostles, Peter
and Paul, and enriched it with several
donations ; wherein the bodies of the
same Augustine, and of all the bishops
of Canterbury, and of the kings of Kent,
might be buried. However, Augustine
himself did not consecrate that church,
but* Laurentius, his successor.

BOOK II. CHAP. II.
Augustine admonished the Bishops of the
Britons to Catholic peace and unity,
and to that effect wrought u heavenly
miracle in their presence ; and of the
vengeance that pursued them for their
contempt, [a. d. 603 ]
In the meantime, Augustine, with the
assistance of King Ethelbert, drew to
gether to a conference the bishops, or
doctors, of the next province of the
Britons, at a place which is to this day
called Augustine's Ac, that is, Augus
tine's Oak, on the borders of the Wiccii
and West Sixons; and began by brotherly
admonitions to persuade them, that pre
serving Catholic unity with him, they
should undertake the common labour of
preaching the Gospel to the Gentiles.
For they did not keep Easter Sunday
at the proper time, but from the four
teenth to the twentieth moon ; which
computation is contained in a revolution
of eighty-four years. Besides, they did
several other things which were against
the unity of the Church. When, after
a long disputation, they did not comply
with the entreaties, exhortations, or re
bukes of Augustine and his companions,
but preferred their own traditions before
all the churches in the world, which in
Christ agree among themselves, the holy-
father, Augustine, put an end to this
troublesome and tedious contention, say
ing, " Let us beg of God, who causes
those who are of one mind to live in his
Father's house, that he will vouchsafe,
a The cathedral of Christ Church, Canter
bury; but the present structure, although an
cient, is of date long subsequent to the age of
Augustine.

586

BEDE'S ECCLESIASTICAL HISTORY. [Appendix.

by his heavenly tokens, to declare to us,
which tradition is to be followed ; and
by what means we are to find our way
to his heavenly kingdom. Let some
infirm person be brought, and let the
faith and practice of those, by whose
prayers he shall be healed, be looked
upon as acceptable to God, and be
adopted by all." The adverse party
unwillingly consenting, a blind man of
the English race was brought, who
having been presented to the priests of
the Britons, found no benefit or cure
from their ministry; at length, Augus
tine, compelled by real necessity, bowed
his knees to the Father of our Lord
Jesus Christ, praying that the lost sight
might be restored to the blind man, and
by the corporeal enlightening of one
man, the light of spiritual grace might
be kindled in the hearts of many of the
faithful. Immediately the blind man
received sight, and Augustine was by
all declared the preacher of the Divine
truth. The Britons then confessed,
that it was the true way of righteous
ness which Augustine taught ; but that
they could not depart from their ancient
customs without the consent and leave
of their people. They therefore de
sired that a second synod might be ap
pointed, at which more of their number
would be present.
This being decreed, there came (as
is asserted) seven bishops of the Britons,
and many most learned men, particu
larly from their most noble monastery,
which, in the English tongue, is called
Bancornburgh, over which the Abbat
Dinooth is said to have presided at that
time. They that were to go to the
aforesaid council, repaired first to a cer
tain holy and discreet man, who was
wont to lead an eremitical life among
them, advising with him, whether they
ought, at the preaching of Augustine, to
forsake their traditions. He answered,
" If he is a man of God, follow him." —
" How shall we know that?" said they.
He replied, " Our Lord saith, Take my
yoke upon you, and learn of me, for I am
meek, and lowly in heart ; if therefore,
Augustine is meek and lowly of heart, it
is to be believed that he has taken upon
him the yoke of Christ, and offers the
same to you to take upon you. But if he
is stern and haughty, it appears that he is
not of God, nor are we to regard his
words." They insisted again, " And
how shall we discern even this?" 

" Do you contrive," said the anchorite,
" that he may first arrive with his com
pany at the place where the synod is to
be held ; and if at your approach he
shall rise up to you, hear him submis
sively, being assured that he is the ser
vant of Christ ; but if he shall despise
you, and not rise up to you, whereas you
are more in number, let him also be de
spised by you."
They did as he directed ; and it hap
pened, that when they came, Augustine
was sitting on a chair, which they ob
serving, were in a passion, and charging
him with pride, endeavoured to contra
dict all he said. He said to them, " You
act in many particulars contrary to our
custom, or rather the custom of the uni
versal Church, and yet, if you will com
ply with me in these three points, viz.
to keep Easter at the due time; to ad
minister baptism, by which we are again
born to God, according to the custom
of the holy Roman Apostolic Church;
and jointly with us to preach the word
of God to the English nation, we will
readily tolerate all the other things you
do, though contrary to our customs."
They answered they would do none of
those things, nor receive him as their
archbishop ; for they alleged among
themselves, that lt if he would not now
rise up to us, how much more will he
contemn us, as of no worth, if we shall
begin to be under his subjection ? " To
whom the man of God, Augustine, is
said, in a threatening manner, to have
foretold, that in case they would not
join in unity with their brethren, they
should be warred upon by their enemies ;
and, if they would not preach the way
of life to the English nation, they should
at their hands undergo the vengeance of
death. All which, through the dis
pensation of Divine judgment, fell out
exactly as he had predicted.
For afterwards the warlike king of
the English, Ethelfrid, of whom we
have already spoken, having raised a
mighty army, made a very great slaughter
of that perfidious nation, at the City of
Legions, which by the English is called
Legacestir, but by the Britons more
rightly Carlegion. Being about to give
battle, he observed their priests, who
were come together to offer up their
prayers to God for the soldiers, standing
apart in a place of more safety ; he in
quired who they were? or what they
came together to do in that place?

Appendix.]

ANGLO-SAXON DOOMS, ETC.

587

JVIost of them were of the monastery of
Bangor, in which, it is reported, there
was so great a number of monks, that
the monastery being divided into seven
parts, with a ruler over each, none of
those parts contained less than three
hundred men, who all lived by the
labour of their hands. Many of these,
having observed a fast of three days, re
sorted among others to pray at the afore
said battle, having one Brocmail ap
pointed for their protector, to defend
them whilst they were intent upon their
prayers, against the swords of the bar
barians. King Ethelfrida being informed
of the occasion of their coming, said,
" If then they cry to their God against
us, in truth, though they do not bear
arms, yet they fight against us, because
they oppose us by their prayers." He,

therefore, commanded them to be at
tacked first, and then destroyed the rest
of the impious army, not without con
siderable loss of his own forces. About
twelve hundred of those that came to
pray are said to have been killed, and
only fifty to have escaped by flight.
Brocmail turning his back with his men,
at the first approach of the enemy, left
those whom he ought to have defended,
unarmed and exposed to the swords of
the enemies. Thus was fulfilled the
prediction of the holy Bishop Augus
tine, though he himself had been long
before taken up into the heavenly king
dom ; that those perfidious men should
feel the vengeance of temporal death
also, because they had despised the offer
of eternal salvation.

King of North umbria.

ANGLO-SAXON DOOMS AND OTHER RECORDS.

Responsio Abbatis Bangor ad Augustinum
Monachum petentem subjectionem Eccle
sia Roman<e. {Ex. MS. Cott. Chop.
E. i. fol. 56. collat. cum MS. Cott.
Claudius A. (viii. fol. 76. a)
" Be it known and without doubt unto
you, that we are all and every one of us
obedient and subjects to the Church of
God, and to the Pope of Rome, and to
every godly Christian to love every one
in his degree in perfect charity, and to
help every one of them, by word and
deed, to be the children of God. And
other obedience than this I do not know
due to him whom you name to be Pope,
nor to be the Father of Fathers : to be
claimed and to be demanded, and this
obedience we are ready to give and to
pay to him and to every Christian con
tinually. Besides, we are under the
government of the Bishop of Kaerleon-
upon-Uske, who is to oversee, under
God, over us, to cause us to keep the
way spiritual."
' Wilkins's Concilia, vol. i. p. 26—28. ; Spel-
man's Concilia, vol. i. p. 108—110. See Fuller's
Church History, vol. i. p. 90—91. edit. London,
8vo. 18S7; Collier's Church History, vol i. p.
75—78. edit, folio, 1708; Stillingfleet's Orig.
Brit. Works, vol. iii. p. 221—226., edit, folio,
1710.

THE LAWS OF KING iETHEL-
BIRHT."
These are the dooms which King
jEthelbirht c established in the days of
Augustine : —
1. The property of God and of the
Church, twelve-fold;11 a bishop's pro
perty, eleven-fold ; a priest's property,
nine-fold; a deacon's property, six-fold ;
a clerk's property, three-fold ; " church-
frith," two-fold ; " m  frith " two
fold.

THE LAWS OF KINGS HLO-
TH^RE AND EADRIC*
These are the dooms which Hlothjere
fa The Anglo-Saxon Dooms are printed from
the " Ancient Laws and Institutes of England,"
edited by Mr. Thorpe, folio, London, 1845.
c jEthelbirht, king of Kent, fourth in succes
sion after Hengist, was baptized by Augustine
in the year 597, and died, according to Beda,
after a reign of fifty-six years, on the 24th of
February, 616 — Hist. Eccles. ii. 5.
<1 There is no verb in this law to fix the sense;
but we learn from Beda that it is to be under
stood of the property of the Church when
stolen. See, on this subject of restitution, Gre
gory the Great's answer to Augustine. — Beda,
Hist. Eccles. i. 27., Interrog. 3. The Church
frith is what, in the later documents, is called
the Church grith, or right of sanctuary and pro
tection given to those within its precincts.
e Hlothffire succeeded his brother Ecgberct in
July, 673, and died on the 6th of February, 685.
— Beda, Hist. Eccles. iv. 5. 26.

588

ANGLO-SAXON DOOMS

[A

PPENDIX.

and Eadric, kings of the Kentish men,
established ; —
Hlothasre and Eadric, kings of the
Kentish men, augmented the laws
which their elders had before made, by
these dooms, which hereafter say, &c.

THE LAWS OF KING WIH-
TRjED" (a.d. 696).
These are the dooms of Wih treed, king
of the Kentish men : —
In the reign of the most clement king
of the Kentish men, Wihtrasd, in the
fifth year of his reign, the ninth indic-
tion, the sixth day of Rugern, in the
place which is called Berghamstyde,
where was assembled a deliberative
convention of the great men, there was
Birhtwald, archbishop of Britain, and
the fore-named king ; also the bishop of
Rochester, the same was called Gyb-
mund, was present ; and every degree of
the Churcli of that province spoke in
unison with the obedient people. There
the great men decreed, with the suf
frages of all, these dooms, and added
them to the lawful customs of the
Kentish men, as it hereafter saith and
declareth. 1. To the Church, freedom from im
posts, and that the king be prayed forb,
and that they revere him of their own
will, without command.
16. Let the word of a bishop and of
the king be, without an oath, incon
trovertible.

THE LAWS OF KING ALFRED.
Alfred's Dooms.
38. Thy tithes, and thy first-fruits of
moving and growing things, render thou
to God.
49. These are the dooms which the
Almighty God himself spake unto
Moses, and commanded him to keep :
and after the only begotten Son of
the Lord, our God, that is, our Sa
viour Christ, came on earth, he said that
he came not to break nor to forbid
these commandments, but with all good
a Wihtrsed, according to Bede, Hist. Eccles.
v. 23., died on the 23d of April, 725, having
reigned thirty-four years and a half.— See Kem-
ble's Saxons in England, vol. ii. p. 244.
1> See also the Canons of f Ifric, canon 20.
Ancient Laws and Institutes of England, p. 444.

to increase them : and mercy and hu
mility he taught.
Then after his Passion, before his
Apostles were dispersed throughout all
the earth, teaching, and while they were
yet together, many heathen nations they
turned to God.
When they were all assembled, they
sent messengers to Antioch and to
Syria, to teach the law of Christ.
But when they understood that it
speeded them not, then sent they a let
ter unto them.
Now this is the letter which all the
Apostles sent to Antioch, and to Syria,
and to Cilicia, which now from heathen
nations are turned to Christ.
" The Apostles and the elder brethren
wish you health : and we make known
unto you, that we have heard that some
of our fellows have come to you with
our words, and have commanded you to
observe a heavier rule than we com
manded them, and have too much mis
led you with manifold commands, and
have subverted more of your souls than
they have directed.
'* Then we assembled ourselves con
cerning that ; and it then seemed good
to us all that we should send Paul and
Barnabas, men who desire to give their
souls for the name of the Lord.
" With them we have sent Judas and
Silas, that they might say the same to
you. " It seemed to the Holy Ghost and to
us, that we should set no burthen upon
you above that which it was needful for
you to bear : now that is, that ye forbear
from worshipping idols, and from tasting
blood or things strangled, and from
fornications: and that which ye will
that other men do not unto you, do ye
not that to other men."
From this one doom a man may
remember, that he judge every one
righteously ; he need heed no other
doom-book. Let him remember that he adjudge to
no man that which he would not that he
should adjudge to him, if he sought
judgment against him.
After this, then, happened it that
many nations received the faith of
Christ ; then were many synods as
sembled throughout all the earth, and
also among the English race, after they
had received the faith of Christ, of
holy bishops, and also of other ex
alted " witan."

Appendix.]

AND OTHER RECORDS.

589

They then ordained, out of that mercy
which Christ hath taught, that secular
lords, with their leave, might, without
sin, take for almost every misdeed, for
the first offence, the money — "bot" —
which they then ordained ; except in
cases of treason against a lord, to which
they dared not assign any mercy, be
cause God Almighty adjudged none to
them who despised him, nor did Christ
the son of God adjudge any to him who
sold Him to death : and He commanded
that a lord should be loved as one's self.
They then in many synods ordained a
"b5t" for many human misdeeds; and
in many synod-books they wrote at one
place one doom ; at another, another.
I then, Alfred, king, gathered these
together, and commanded many of those
to be written which our forefathers held,
those which to me seemed good ; and
many of those which seemed to me not
good I rejected them, by the counsel of
my "witan," and in otherwise com
manded them to be holden ; for I durst
not venture to set down in writing much
of my own, for it was unknown to me
what of it would please those who
should come after us.
But those things which I met with,
either of the days of Ine, my kinsman,
or of Offa, king of the Mercians, or of
iEthelbryght, who first among the Eng
lish race received baptism, those which
seemed to me the rightest, those I have
here gathered together, and rejected the
others. I, then, Alfred, king of the West
Saxons, showed these to all my " witan,"
and they then said that it seemed good
to them all to be holden.

Of the Celebration of Mass-days.
43. To all freemen let these days be
given, but not to " theow-men" and
" esne- workmen : " xii. days at Yule,
and the day on which Christ overcame
the Devil, and the commemoration day
of St. Gregory, and vii. days before
Easter, and vii. days after, and one day
at St. Peter's tide and St. Paul's, and in
harvest the whole week before St. Mary-
mass, and one day at the celebration of
All-hallows, and the iv. Wednesdays in
the iv. Ember weeks.
To all "theow-men" be given, to
those to whom it may be most desirable
to give, whatever any man shall give

them in God's name, or they at any of
their moments may deserve. *

THE DOOMS OF INE.
Ine, by God's grace, king of the West
Saxons, with the counsel and with the
teaching of Cenred my father, and of
Hedde, my bishop, and of Eorcenwold
my bishop, with all my « earldom," and
the most distinguished " witan " of my
people, and also with a large assembly
of God's servants, have been considering
of the health of our souls, and of the
stability of our realm; so that just law
and just kingly dooms might be settled
and established throughout our folk, so
that none of the " earldom," nor of our
subjects, should hereafter pervert these
our dooms. Of Children.
2. Let a child within thirty days be
baptized. If it be not so, let him make
"bot" with xxx shillings, But if it
die without baptism, let him make
" bot " for it with all that he has.

THE LAWS OF KING ^ETHEL-
STAN.
I. Council of Greatanlea.
King ^Hthelstan's Ordinance.
I, iETHELsTAN king, with the counsel of
Wulfhelm, archbishop, and of my other
bishops, make known to the reeves at
each " burgh," and beseech you, in God's
name, and by all bis saints, and also by
my friendship, that ye first of my own
goods render the tithes both of live
stock and of the year's earthly fruits, so
as they may most rightly be either
meted, or told, or weighed out ; and let
the bishops then do the like from their
own goods, and my " earldomen " and my
reeves the same. And I will that the
bishop and the reeves command it to all
those who ought to obey them, that it
be done at the right term. Let us bear
in mind how Jacob the patriarch spake :
" Decimas et hostias pacificas offeram
tibi ; " and how Moses spake in God's
law, " Decimas et primitias non tardabis
offerre Domino." It is for us to think
how awfully it is declared in the books,
If we will not render the tithes to God,

590

ANGLO-SAXON DOOMS

[A

PrENDIX.

that he will take from us the nine parts
when we least expect; and, moreover,
we have the sin in addition thereto.
And I will also that my reeves so do,
that there be given the church-scotts
and the soul-scotts at the places to which
they rightly belong; and plough-alms
yearly, on this condition, that they shall
enjoy it at the holy places who are
willing to serve their churches, and of
God and of me are willing to deserve it:
but let him who will not, forfeit the
bounty, or again turn to right. Now
ye hear, saith the king, what I give to
God, and what ye ought to fulfil by
my " oferhirnes," and do ye also so that
ye may give to me my own what ye for
me may justly acquire. I will not that ye
unjustly anywhere acquire aught for
me ; but I will grant to your own
justly, on this condition, that ye yield
to me mine, and shield both yourselves,
and those whom ye ought to exhort,
against God's anger and against my
" oferhirnes."

THE

LAWS OF
EDMUND."

KING

Ecclesiastical.
King Edmund's Institutes.
" King Edmund assembled a great
synod at London, during the Holy
Easter tide, as well of ecclesiastical as
of secular degree. There was Oda
archbishop, and Wulfstan archbishop,
and many other bishops, meditating
concerning the condition of their souls,
and of those who were subject to them."
Concilium cuUtonense.
Haac est institutio quam Edmundus
Rex, et episcopi sui, cum sapientibus
suis, instituerunt apud CuHtonam, de
pace et juramento faciendo.
De sacramento fidelitatis Regi Ed-
mundo faciendo. In primis ut omnes
jur ent in nomine Domini, pro quo sanc
tum illud sanctum est, fidelitatem Ed-
mundo Regi sicut homo debet esse fidelis
Domino suo, sine omni controversia et
seditione, in manifesto, in oceulto, in
amando quod amabit, nolendo quod
a Edmund, the brother of JEthelstan, began to
reign in the year 940, and was assassinated in
946. Odo was Archbishop of Canterbury from
the year 934 to 958. "Wulfstan was Archbishop
of York from the vear 929 to 952, when he was
deprived, and in 951 obtained the see of Dor
chester. He died in 95G.

nolet ; et antequam juramentum hoc
dabitur ut nemo concelet hoc in fratre
vel proximo suo plusquam in extraneo.

THE LAWS OF KING EDGAR.*
a.u. 966.
Supplement.
2. I will that secular rights stand
among every people as good as they can
be best devised, to the pleasure of God,
and to my perfect royalty, and to the
need and peace of rich and poor : and
in every "burh" and in every shire, that
I may have my rights of royalty as my
father had ; and that my thanes have
their dignity, in my time, as they had
in my father's. I will, that secular
rights stand among the Danes with as
good laws as they best may choose.
But with the English, let that stand
which I and my " witan" have added to
the dooms of my forefathers, for the
behoof of all the people. Let this or
dinance, nevertheless, be common to all
the people, whether English, Danes, or
Britons, on every side of my domi
nion, &c.
CANONS ENACTED UNDER. KING- EDGAR.
35. And we enjoin that no mass priest
celebrate mass alone, so that he have not
one to respond to him. Ecclesiastical
Institutes, p. 472.
vii. Ut sacerdos solus non celebret.
Mass priests shall not, on any account,
[or] by any means, celebrate mass alone,
without other men, that he may know
whom, he addresses, and who responds
to him. He shall address those stand
ing about him, and they shall respond
to him. He shall bear in mind the
Lord's saying, which he said in his
Gospel ; he said, " There, where two or
three men shall be gathered in my name,
there will I be in the midst of them."
See also the Ordinance of King Edgar
p. iii. "of Tithes." c

THE LAWS OF KING
ETHELRED.d V.
In nomine Domini, Anno Dominica;
Incarnationis, m.viii.
b Edgar, son of Edmund, succeeded his bro
ther Edwi in the year 959, and died in 975.
c See Kemble's Saxons in England, vol. ii-
p. 255.
<i Ethelred, son of Edgar, succeeded to the

Appendix.]

AND OTHER RECORDS.

591

This is the ordinance that the King
of the English, and both the ecclesiasti
cal and lay "¦ witan" have chosen and ad
vised. 1. This then is first a, that we all love
and worship one God, and zealously
hold one Christianity, and every heathen-
ship totally cast out : and this we all
have both with word and with " wed,"
confirmed ; that, under one kingship,
we will observe one Christianity, &c.
4. And the ordinance of our Lord
and of his " witan " is, that men of every
order readily submit, before God and
before the world, each to that law which
is appropriate to him : and, above all,
let the servants of God, bishops, and
abbots, monks, and mynchens, priests,
and nuns, submit to the law, and live
according to their rule, and fervently
intercede for all Christian people. b
throne on the murder of his brother Edward, in
the year 978, and died in 1016.
a See Law of the Northumbrian Priests, 67.
" And we will that  stand fast ; 
and above all, one Christianity, and one king
ship, for ever in the nation." — Ancient Laws
and Institutes of England, p. 421. Institutes
of Polity, Civil and Ecclesiastical, 11. "Of
a Christian king" " Of bishops," Ancient Laws
and Institutes of England, p. 429.
b Regarding the election of bishops, see the
account given by Dr. Lingard (History and An
tiquities of the Anglo-Saxon Church, vol. i. p.
89—96., London, 1845), in which it is stated,
that "the Saxon Church in its infancy was di
vided among seven independent sovereigns,
ignorant of ecclesiastical disciplineand impatient
of control. . . . Their impetuosity was not easily
induced to bend to the authority of the canons,
and their caprice frequently displayed itself in
the choice and expulsion of their bishops."
After mention of the case of Agilberct, the
learned writer adds, " This and similar instances,
which occur during the first eighty years of the
Saxon Church, show the inconstant humour
and despotic rule of these petty sovereigns; and
the submission of the prelates proves that they
were either too irresolute to despise the orders,
or too prudent to provoke the vengeance of
princes, whose power might easily have crushed
the fabric which they had reared with so much
labour and difficulty. ... In historical records
of the ninth and tenth centuries, we meet with
frequent mention of the succession to bishoprics;
but the vague and doubtful language of the au
thorities throws but little light on the subject,
sometimes describing the appointment as made
by the unfettered choiceof the clergy and people,
and sometimes as proceeding solely from the ab
solute will of the sovereign. . . . Under Canute
and his successors, the will of the king was noti
fied in a more imperious manner, and by them
the practice of investiture with the ring and
crosier seems to have been introduced.. . . In
the reign of Edward the Confessor (who appears
to have been frequently deceived), the preva
lence of the abuse attracted the notice, and pro
voked the severity, of Pope Nicholas II. His
legates arrived in' England, and conferred with
the King j but the death, first of Nicholas, then
of Edward, occurred shortly afterwards; and
within a year the Battle of Hastings transferred
the English sceptre into the hands of the Nor-
man conqueror."

VII.
21. But there are some men who on
account of their pride, and also on ac
count of birth, scorn to obey divine
superiors, as they ought to do, if they
desired right ; and often apply them
selves to blame what they ought to
praise, and account the worse, for their
humble birth, those whose forefathers
were not in the world either wealthy or
proud, through worldly splendour, nor,
in this transient space of life^flourish-
ing or powerful : but these are neither
wise nor wholly discreet, who will not
obey God, nor better understand how
often he hath raised, from little to great,
those who obeyed him and justly spake.
We know that through God's grace a
thrall has become a thane, and a " ceorl "
has become an "eorl," a singer a priest,
and a scribe a bishop.
22. And formerly, so as God de
creed, a shepherd became a king, and
he was very great : also, so as God de
creed, a fisher became a bishop, and he
was very dear and acceptable to Christ.c
IX.
Anno m.xiiii. ab Incarnatione Domini
Nostri Jesu Christi.
2.  « Because a Christian king
is accounted Christ's vicegerent among
Christian people, and his duty it is to
avenge offence to Christ very severely."
42. And he who holds an outlaw of
God in his power over the term that
the king may have appointed, he acts at
peril of himself and all his property
against Christ's vicegerent, who pre
serves and sways over Christianity and
kingdom as long as God grants it.d

TPIE LAWS OF KING CNUT>
ECCLESIASTICAL.
This is the ordinance that King Cnut,
King of all England, and King of the
Danes and Norwegians, decreed, with
counsel of his " witan," to the praise of
God, and to the honour and behoof of
himself; and that was at the holy tide
of mid-winter, at Winchester/
c See also Dooms, 24—30.
d See also Dooms, 6 — 9. respecting tithe; also
Dooms, 15 — 18. regarding secular power in eccle
siastical matters, 33—44.
e Cnut, king of Denmark, became monarch of
all England on the death of Edmund Ironside,
a.d. 1017, and died A. d. 1035.
f a.d. 1017—1020. Probably between these

5&

ANGLO-SAXON DOOMS

[Appendix.

De Deo, Jieligione, et Bege debite
colendis.
1. That then is first, that, above all
other things, they should ever love and
worship one God, and unanimously ob
serve one Christianity, and love King
Cnut with strict fidelity.
xxii. " And we instruct that every
Christian man learn so that he may at
least be able to understand aright ortho
dox faith, and to learn the Pater noster
and creed : because, with the one every
Christian man shall pray to God, and
with the other, manifest orthodox faith.
Christ himself first sang Pater noster,
and taught that prayer to his disciples ;
and in that divine prayer there are seven
prayers. Therewith, who inwardly sings
it, he ever sends to God himself a mes
sage regarding every need a man may
have, either for this life or for that to
come. But how then can any man ever
inwardly pray to God, unless he have
inward and true love for, and right be
lief in God: for after his departure
hence, he may not, in community with
Christian men, rest in a hallowed burial
place, or here in life be worthy of housel.
Nor is he well a Christian who will not
learn it; nor may he lawfully receive
another man at baptism, nor at the
bishop's hand, before he so learns it
that he well knows it." See also Doom
26., and particularly 20. — ¦ " ad fidelita
tem erga dominum," — whicbTis placed
among the ecclesiastical, and not among
the secular laws.

LEGES REGIS EDWARDI
CONFESSORIS.
De Multiplici Potestate Regia.
xvii. Rex autem, qui vicarius summi
Regis est, ad hoc constitutus est, ut
regnum et populum Domini, et super
omnia, sanctam ecclesiam, regat et de-
fendat ab injuriosis; maleficos autem
destruat et evellat.a Sin autem, nomen

years was the great gemot at Winchester, in
which Cnut promulgated his laws — Kemble's
Saxons in England, vol. ii. p. 259.
a Rogamus etiam dilectionem vestram, ut ec-
clesiasticas personas ab injuria defendatis ;
viduas et orphanos et oppressos misericorditer
relevando, protegatis; quoniam licet ille Rex
regum et supernus Arbiter totius Regni quam
vobis tradidit, rationem a vobis exigat, pro liiis
tamen districtius appellabit quibus hie non sunt
vires et arma, nisi vestra potcntia. — Epistola

regis perdit, testante Johanne Papa, cui
Pepinus et Karolus filius ejus necdum
reges sed Principes, sub Rege Franco-
rum stulto, scripserunt, quserentes : Si
ita deberent manere Reges Francorum,
solo Regio nomine contenti?
A quo responsum est : illos vocari
decet Reges qui vigilantes defendunt et
regunt Ecclesiam Dei et populum ejus,
imitati Regem Psalmigraphum dicen-
tem : Non habitabit in medio domtis
mei qui facit superbiam.

THE LAWS OF KING WILLIAM
THE CONQUEROR, b
iii. Carta Begis Willelmi Conquisitoris de
quibusdam statutis, fyc.
Willelmus rex Anglorum, dux Nor-
manorum, omnibus horainibus suis.
Francis et Anglis, salutem.
De Fide et Obsequio erga Begem.
ii. Statuimus etiam, ut omnes liberi
homines fcedere et sacramento affirment
quod intra et extra universum regnum
Anglice (quod olim vocabatur regnum
Britanniae) Willelmo Regi, domino suo,
fideles esse volunt, terras et honores illius
omni fidelitate ubique servare cum eo,
et contra inimicos et alienigenas de
fendere.

CARTA FUNDATIONIS AB-
BATI.3E SANCTI MARTINI
DE BELLO.c
A. u. 1087.
" Huic igitur ecclesias sancti Martini
de Bello, hanc in primis dignitatem
Alexandri Fanes ad WilMelmum Conquisitorem,
Incip. Regn. 14- die Oct. 1066 (Rymer^s Fcedera,
vol.i. p. 1. edit. 1816). See also The Laws of
Alfred and Gu thrum (Ancient Laws and Insti
tutes of England, p. 71—74. 912. " Of Ecclesias
tics and Foreigners"). XIII. "Hoc quoque
prfficipimus, ut omnes habeant et teneant leges
Edwardi Regis in omnibus rebus, adauctis hiis
quas constituimus ad utilitatem Anglorum." —
The Laws of King William t/te Conqueror.
b William, Duke of Normandy, ascended the
throne of England on the death of Harold, in
the year 1066, and died in 3057.
c See also Kenulph's letters patent, granting
a charter of privileges to the monastery of
Abingdon (a.d. 755.) : " Et quod priedictus Ru-
chinus ab omni regis obstaculo, et episcopali
jure in sempiternum esset quietus," &c. — (Stam
ford's Pleas of the Crown, 1. 2. fol. 3. ; Coke's
Reports, Part v. " Cawdrey's "case ; " Sir John
Davis's Reports, p. 4. p. 72, 73., London, folio,

Appendix.]

AND OTHER RECORDS.

593

regali auctoritate concedo, ut habeat
curiam suam per omnia, et regiam liber-
tatem et consuetudinem tractandi de
suis rebus vel negotiis, et justiciam per
se tenendam ; sitque libera et quieta in
perpetuum ab omni subjectione epis
coporum, et quarumlibet personarum
dominatione, sicut ecclesia Christi Can-
tuaria?." a. d. 1078.
" To Gregory the most excellent
Pastor of the holy Church, William, by
the grace of God, King of the English,
and Duke of the Normans, wisheth
health, and desireth his friendship. Re
ligious Father, your legate Hubert
coming unto me, admonished me, in
your behalf, inasmuch as I should do
fealty to you and your successors ; and
that I should take better care for the
payment of the money which my pre
decessors were wont to send to the
Church of Rome. One thing I have
granted, the other I have not granted.
Fealty I would not do, nor will I ; be
cause I neither promised it, neither do
I find that my predecessors ever did it
to your predecessors- The money, for
almost three years, when I was abroad
in France, hath been but negligently
collected; but now, seeing by Divine
mercy I am returned into my kingdom,
what is gathered is sent by the aforesaid
legate; and the arrears which remain
shall be sent by the messengers of Lan-
frank, our faithful Archbishop, in time
convenient. " Pray for us, and for the good state
of our kingdom ; because we have loved
your predecessors, and do desire sincerely
to love, and obediently to hear you, above
all other*." a

WILLIELMUS II. b
Incip. Regn. 9 die Sept. a. d. 1087.
Carta Begis qua archiepiscopatus Cantaar1
Anselmo conceditur.
Willielm us Rex A ngliae, episcopis,
1671, and Collier's remarks thereon ; Ecclesiasti
cal History, vol. i. p. 256— 259.; also, the Catholic
Divine's Answer (Parsons) to Sir Edward Coke,
and Fuller's Cavils of Parsons against Sir Ed
ward Coke confuted; Church History of Britain,
book ii. cent. viii. vol. i. p. 155—157., London,
8vo. 1837.)
a See Fuller's Church History of Britain,
London, 8vo. 18^7, vol. i. pp. 267—269.
t> a.d. 11)93.

comitibus, vicecomitibus, ceterisque fi-
delibus suis Francis et Angliy, salutem.
Sciatis me dedisse Anselmo Archiepis
copo Archiepiscopatum Cantuar' Ec-
clesiEe cum omnibus libertatibus et dig-
nitatibus ad Archiepiscopatum Ca'ituar'
pertinentibus, &c. &c.

HENRY I.c
Littera Begis Anglia ad Paschalem II.
Papam, de beneficiis et honoribus in
Begno Anglian eidem conservandis ; ac
etiam de usibus, dignitatibus, et consue-
tud/nibus non minuendis.
" Patri venerabili Paschali summo
Pontifici, Henricus, Dei Gratia Rex
Anglorum, salutem. Promotioni vestra?
in sedem Sancta? Romana? Ecclesiae plu-
rimum congaudeo, petens quod amicitia
qua? patri meo cum antecessoribus ves-
tris fuit, inter nos quoque illibata per-
maneat; unde, ut dilectio et benignitas
a me videatur sumere initinm, beneficium
quod ab antecessoribus meis beatus Pe
trus babuit, vobis mitto; eosque honores
et earn obedientiam, quam tempore pa-
tris mei antecessores vestri in regno
Angliae habuerunt, tempore meo ut ha-
beatis, volo : eo videlicet tenore, ut dig-
nitates, usus, et consuetudines, quas
pater meus tempore antecessorum ves-
trorum in regno Angliae habuit, ego
tempore vestro in eodem regno meo
integre obtineam. Notumque babeat
sanctitas vestra, quod me vivente, Deo
auxiliante, dignitates et usus regni An
glian non minuentur. Et si ego, quod
absit, in tanta me dejectione ponerem,
optimates mei, ymmo totius Angliae
populus, id nullo modo pateretur. Ha-
bita igitur, Karissime Pater, utiliori
deliberatione, ita se erga nos modevetur
benignitas vestra, ne, quod invitus faciam,
a vestra me cogatis recedere obedientia."
Concilium Londoniense de lnvestitura, u
laicis non, accipiendd.d
Eodem anno (a.d. 1107) factus est
conventus episcorum et abbatum pariter
c a.d. 1103, an. 3 Hen. I.
d " A weak and timorous act of so wise aud
valiant a prince, whose predecessors before the
conquest held this power (though some time
loosely) in their own hands; and his predeces
sors since the Conquest grasped it fast in their
fist, in defiance of such popes as would finger it
from them." — Fuller's Church History, vol. i.
p. 292. edit. 8vo. London, 1837. Of homage done
by bishops, see Coke's Institutes, vol, i. p. 61.

VOL. III.

Q Q

594.

ANGLO-SAXON DOOMS

[Ap

et magnatum Londoniis in Palatio Re
gis, Presidente Archiepiscopo Anselmo,
cui innuit Rex Henricus et statuit, ut
ab eo tempore in reliquum nunquam
per donationem baculi pastoralis vel an-
nuli, quisquam, de episcopatu vel abba-
tia per regem vel quamlibet laicam
manum investiretur in Anglia : conse-
dente archiepiscopo ut nullus ad prsela-
tionem electus pro homagio, quod regi
faceret, consecratione suscepti honoris
privaretur. (Matth. Paris, Hist. Anglor.
p. 53. London, folio, 1684; Wilkins's
Concilia, vol. i. pp. 386, 387. ; Spelman's
Concilia, vol. ii. pp. 25 — 28.)
Confrmatio Donationis C'tvitatis Bathon\
et Transpositionis Sedis Episcopalis in
eandem.
Henricus, Dei gratia, Anglorum Rex,
omnibus archiepiscopis, episcopis, co-
mitibus, vicecomitibus, baronibus, et
fidelibus suis, Francis et Anglis, totius
Regni Angliae, salutem.
Notum sit vobis quod earn donationem
quam donavi Deo et Sancto Petro in
Batha, ubi frater meus Willelmus et
ego constituimus et eonfirmavimus so-
dem episcopatiis totius Summersets?,
qua? olim erat apud villam quae dicitur
Wella, scilicet ipsam urbem, et omnia
pertinentia ad firmam ejusdem civitatis,
dono et confirmo ipsi Doinino nostro
Jhesu Christo, et heato Apostolo ejus
Petro, et Johanni episcopo ejusque suc-
cessoribus, jure perpetuo et hercditario,
&c. &c.

STEPHEN.
Carta Regis de Possessionibus Episcopatiis
Bathoniensis Roberto Episcopo electa,
restituendis.
Stfphanus, Rex Anglorum, archiepis
copis, episcopis, abbatibus, comitibus,
vicecomitibus, baronibus, et omnibus
fidelibus suis per totam Angliam con
stitutis, salutem.
Sciatis me dedisse et concessisse Ro
berto Episcopo Bathoniae episcopatum
Bathonise, in terris et hominibus, in do-
miniis et fcedis, in omnibus rebus, aliis
ad Episcopatum pertinentibus; canonica
prius electione prsecedentia, et cornmuni
vestro consilio, voto et favore prose-
quente. &c.a
a This charter was subscribed by the arch
bishops, the bishops, and the nobles.

HENRY II.
Archie^jiscopus Cantuariensis ad Regem
Anglice.
Desiderio desideravi videre vestram, et
loqui vobiscum ; multum
quidem propter me, sed Am2Hen. 2.
maxime propter vos. Prop
ter me, ut, visa, facie nostra, reduceretis
ad memoriam servicia quas, dum agerem
in obsequio vestro, exibui vobis devote
et fideliter, juxta anhni mei conscien-
tiam ; sic Deus me adjuvet in examine
ultimo, quando omnes astabunt ante
tribunal ipsius, reeepturi prout gesse-
runt incorpore, sive malum sive bonum;
et ut moveremini pietate super me, quern
oportet mendicando vivere inter alienos ;
licet tamen, Dei gratia., cum abundan-
cia\ victualia ad sufficientiam habeamus.
Estque nobis consolacio multa, quod
dicti Apostolus, " Omnes qui pie1 vo
lunt vivere in Christo, persecutionem
patiantur;" et Propheta: " Non vidi jus-
tum derelictum, nee semen ejus qua?rens
pan em."
Propter vos, ex tribus causis : tum
quia dominus meus estis, tum quia rex
meus, tum quia filius meus spiritualis.
Eo quod dominus, debeo vobis et of-
fero consilium meum et obsequium,
quodcunque debet episcopus, secundum
honorem Dei et sancta? ecclesia?, domi
no : eo quod Rex, teneor ad reverentiam
vobis et commonitionem ; eo quod filius,
officii ratione ad castigationem teneor
et cohertionem. Corripit enim pater
filium, nunc blandis nunc asperis, ut sic,
vel sic revocet eum ad benefaciendum.
Nosse debetis vos, Dei gratia, Regem
esse primo quia, vos ipsum Regem de
betis, vitamque vestram optimis infor-
mare moribus, ut vestri exemplo casteri
provocentur ad melius, juxta illud
sapientis : " Componitur orbis Regis ad
exemplum." Secundario alios ; bos de-
mulcendo, alios puniendo, potestatis auc
toritate, quam ab ecclesia. recipitis, tum
sacramento unctionis, tum gladii officio,
quem gestatis ad malefactores ecclesiae
cohercendos. Inungentur enim Reges
tribus in locis, in capite, in pectore, in
brachiis, quod significat gloriam, scien-
tiam, fortitudinem.
Qui antiquis temporibus justificationes
Domini non observabant, sed prseva-
rieati sunt mandata ejus, his sublata est
gloria, scientia, fortitudo, et eorum gene
ration! ; exemplo Pharoanis, Saulis,
Nabucodonosor, Solomonis, aliorumque

AprENDIX.]

AND OTHER RECORDS.

595

quam plurium. Qui vero post delictum
suum cordis contricione humiliaverunt
se Domino, hiis Dei gratia, accessit cum
omnibus supradictis habundantius et
perfectius; sicut David, Ezechiae, aH-
isque quamplurimis. Christus fundavit
ecclesiam, ejusque comparavitlibertatem
sanguine proprio; sustinendo flagella,
spuda, clavos, mortis angustias ; nobis
relinquens exemplum ut sequamur ves
tigia ejus : unde dicit Apostolus : " Si
compatimur ei et conregnabimus ; si
commorimur, et conresurgemus." Ec
clesia enim Dei in duobus constat ordi-
nibus, clero et populo. In clero sunt
apostolici viri, episcopi, et caeteri doctorcs
ecclesias ; quibus commissa est cura et
regimen ipsius ecclesias; qui traetare ha-
bent negotia ecclesiastica, ut totum redu-
cant ad sal utem animarum. Unde et Petro
dictum est, et in Petro aliis ecclesiae
Dei rectoribus, non regibus, non princi-
pibus: " Tu es Petrus, et super hanc
petrani sedificabo ecclesiam meam ; et
porta; inferi non pra?valebunt adversus
earn." In populo sunt reges, principes,
duces, comites, et alia? potestates, qui
sascularia habent traetare negotia, ut
totura reducant ad pacem et unitatem
ecclesia;. Et quia certum est Reges
potestatem suam accipere ab ecclesia,
non ipsam ab illis, sed a Christo (ut
salva pace vestra loquar), non babetis
episcopis pra?cipere. absolvere aliquem
vel excommunicare, trabere clericos ad
sa?cularia examina, judicare de ecclesiis
vel decimis, interdicere episcopis, ne
tractent causas de transgressione fidei
vel juramenti ; et multa in hunc modum
quas scripta sunt inter consuetudines
vestras, quas dicitis avitas. Dominus
enim dicit, " Leges meas custodite ; " et
iterum per Prophetam : " Vae qui con-
dunt leges iniquas, et scribentes scripse-
runtinjusticias,utopprimerent pauperem
in judicio, et vim facient causae humilium
populi Dei."
Audiat itaque, si placet, dominus
meus consilium fidelis sui, commoni-
tionem episcopi sui, et castigationem
patris sui ; nee cum scismaticis aliquam
de castero habeat familiaritatem vel com-
munionem, nee cum eis aliquo modo
contrahat. Notum est enim toti fere
mundo quam devote, quam honorifice,
dominum papam receperitis ; quantum
ecclesiam Romanam foveritis et honora-
veritis ; quantumcumqne et dominus
papa et ecclesia Romana personam ves
tram dilexerint, honoraverint, atque Q Q

etiam in quibuscumque secundum Deum
potuerint, vos exaudierint. Nolite ergo,
domine, si salutem animae desideratis,
eidem ecclesias, quod suum est, aliqua
ratione subtrahere, seu in aliquo ei citra
justitiam contraire ; immo eandem ei
permittatis in regno vestro habere liber-
tatem, quam et in aliis regnis habere
dinoscitur. Memor sitis professionis
quam fecitis ; et posuistis scriptam super
altare apud Westmonasterium, de ser
vanda ecclesiae Dei libertate sua, quando
consecratus estis, et unctus in regem a
praedecessore nostro. Ecclesiam etiam
Cantuariensem, a qua promotionem et
consecrationem accepistis, in eum statum
restituatis et dignitatem, in quibus fuit
temporibus praedecessorum vestrorum et
nostrorum : possessionesque ad ipsam
ecclesiam et nos pertinentes, villas, cas-
tella, et praedia, quae pro voluntate vestra
distnbuistis, resque omnes ablatas, tam
nostras quam clericorum nostrorum et
laicorum, in integrum nobis restituatis.
Permittatis etiam nobis, si placet,
libere et in pace, et cum omni securi-
tate, redire in sedem nostram ; ofiicio-
que nostro libere uti, sicut debemus et
ratio exigit : et nos vobis, tamquam
domino karrissimo et regi, fideliter et
devote pro viribus servire parati sumus,
in quibuscumque poterimus ; salvo ho-
nore Dei et ecclesiae Romana?, et salvo
ordine nostro : alioquin pro certo sciatis,
quod divinam severitatem et ultionem
sentietis. Concilium Clarendon! en se. a.d. 1164.
I. De advocatione et praesentatione
ecclesiarum, si controversia emerserit
inter laicos, vel inter laicos et clericos,
vel inter clericos in curia domini regis
tracteturet terminetur.
II. Ecclesia? de feudo domini regis
non possunt in perpetuum dari absque
concessione ipsius.
III. Clerici accusati de qilacunque
re summoniti a justitiario regis, veniant
in curiam ipsius responsuri ibidem de
hoc unde videbitur curia? regis, quod ibi
sit respondendum, et in curia ecclesias
tica unde videbitur, quod ibi sit respon
dendum : ita quod regis justitiarius
mittet in curiam sancta? ecclesia? ad vi-
dendum, quomodo res ibi tractabitur.
Et si clericus convictus vel confessus
fuerit, non debet eum de castera occlcs'a
tueri. IV. Archiepiscopis, episcopis, et per-
2

596

ANGLO-SAXON DOOMS

[A

PPENDIS.

sonis regni non licet exire regnum abs
que licentia domini regis, et si exierint,
si regi placuerit, securum eum facient,
quod nee in eundo, nee in redeundo,
vel moram faciendo, perquirent malum
sive damnum domino regi vel regno.
VIII. De appellationibus si emer-
serint, ab archidiacono debebit procedi
ad episcopum, ab episcopo ad archic-
piscopum, et si archiepiscopus defuerit
in justitia exhibenda, ad dominum re
gem perveniendum est postremo, ut
preecepto ipsius in curia archiepiscopi
controversia terminetur ; ita quod non
debeat ultra procedi absque assensu
domini regis.
XI. Archiepiscopi, episcopi et uni-
versae persona? regni, qui de rege tenent
in capile, habeant possessiones suas de
rege sicut baroniam, et inde respondeant
justitiariis et ministris regis, et sequantur
et faciant omnes rectitudines et con-
suetudines regias ; et sicut caeteri ba-
rones debent interesse judiciis curia?
regis cum baronibus, quousque perve-
niatur ad diminutionem membrorum vel
ad mortem.
XIII. Si quisquam de proceribus
regni disforciaverit archiepiscopo, vel
episcopo, vel archidiacono, de se suisve
justitiam exhibere, dominus rex debet
eos justitiare. Et si forte aliquis dis-
forciaret domino regi rectitudinem suam,
archiepiscopi, episcopi, et archidiaconi
debent eum justitiare ut regi satis-
faciat.

JOHN.

Carta Johannis Begis aurea bulla munita,
per quam regnum et coronam Angha
Innocentio III. Papm resignavit
Johannes, Dei gratia, Rex Anglie,
dominus Ybernie, dux
An.'l/jo'han. Normannie et Aquitanie,
Biol. Cotton, comes Andegavie, omnibus
Nero, c. ii. n. Christi fidelibus presentem
paginam inspecturis, salu
tem in Domino.
Universitati vestre per hanc cartam
aurea bulla nostra munitam, volumus
esse notum, quod sum Deum, et matrem
nostram sanctam ecclesiam offenderimus
in multis et proinde divina misericordia
plurimum indigere noscamur, nee quid
quod digne offerre possimus pro satis
faction Deo et ecclesie debita facienda,
nisi ncs ipsos habeamus, et regna
nostra.

Volentes nos ipsos humiliare pro Hlo,
qui se pro nobis humiliavit usque ad
mortem, gratia Sancti Spiritus inspirante,
non inducti nee coacti timore, sed bona
nostra spontaneaque voluntate, ac com-
muni consilio baronum nostrorum ofiferi-
mus, et libere concedimus Deo, et
Sanctis apostolis ejus Petro et Paulo, et
sancte Romane ecclesie matri nostre, ac
domino nostro Pape Innocentio tercio,
ej usque catholocis successoribus, totum
regnum Anglie, et totum Ybernie, cum
omni jure et pertinentiis suis, pro re-
missione peccatorum nostrorum et totius
generis nostri, tarn pro vivis quam
defunctis. Et amodo ilia a D1.0 et ab ecclesia
Romana, tanquam feudatarius, reci-
pientes et tenentes, in presentia vene-
rabilis patris nostri domini Nicolai
Tusculani episcopi, apostolice sedis le
gati, et Pandulfi domini Pape Inno
centio ejusque catholicis successoribus,
ac ecclesie Romane, secundum subscrip-
tam formam, facimus et juramus.
Et homagium etiam legum, pro pre
dicts regnis Deo et Sanctis apostolis
Petro et Paulo, et ecclesie Romane,
et eidem domino nostro Pape Inno
centio, per manus predicti legati, et
loco et vice ipsius domini Pape re-
cipientis, publice fecimus; successores
et heredes nostros de uxore nostra in
perpetuum obligantes, ut simili modo
summo pontifici, qui pro tempore fuerit,
et ecclesie Romane, sine contradictione
debeant fidelitatem prestare, et homa
gium recognoscere.
Ad indicium autem hujus nostre
perpetue obligationis et concessionis,
volumus et stabilimus ut, de propriis, et
specialibus redditibus predictorum reg-
norum nostrorum, pro omni servicio et
consuetudine, quod pro ipsis facere de-
beremus (salvo per omnia denario beati
Petri) ecclesia Romana mille marcas
sterlingorum percipiat annuatim ; scilicet
in festo sancti Micha?lis quingentas
marcas, et in Pascha quingentas mar
cas : septingentas, scilicet, pro regno
Anglie, et trecentas pro regno Ybernie;
salvis nobis et hasredibus nostris justiciis
libertatibus et regalibus nostris.
Que omnia, sicut supradicta sunt, rata
volentes esse perpetuo atque firma, ob-
ligamus nos et successores nostros contra
non venire.
Et si nos, vel aliquis successorum
nostrorum hoc attemptare presumpserit
quicunque fuerit, ille, nisi rite monitus

Appendix •

AND OTHER RECORDS.

597

resipuerit, cadat a jure regni, et hee
carta obligationis et concessionis nostre
semper fir ma permaneat.

THE HOMAGE OF JOHN.
Forma homagii facti Papa; de regno
Anglia et Ybernia.
Ego Johannes, Dei gratia, Rex An
glorum et dominus Ybernie, ab hac hora
in antea fidelis^ero Deo et beato Petro
et ecclesie Romane, ac domino meo,
domino Innocentio tercio Pape, ejusque
successoribus catholice intrantibus.
Non ero in facto, dicto consensu vel
consilio, ut vitam perdant, aut membra,
aut mala captione capiantur.
Eorum dampnum si scivero, impe-
diam, et removere faciam, si potero ;
alioquin eis, quam citius potero, inti-
maho, vel tali persone dicam quam eis
credo pro certo dicturam : consilium
quod michi crediderint per se, vel per
nuncios, se litteras suas, secretum tenebo,
et ad eorum dampnum nulli pandam,
me sciente.
Patrimonium beati Petri, et specia-
liter regnum, Anglie et regnum Ybernie,
adjutor eis ero ad defendendum contra
homines, pro posse meo ; sic me Deus
adjuvet et hee sancta Dei evangelia.
De quibus ne possit imposterum ali
quid dubitari, ad majorem securitatem
predicte obligationis et concessionis
nostre, presentem cartam fieri fecimus,
et aurea bulla nostra signari ; ac, pro
censu hujus presentis et primi anni,
mille marchas sterlingorum, per manum
predicti legati, ecclesie Romane persol-
vimus. Testibus,
Domino S. Cantua- Roberto de Ros',
rien* archiep'o, W. comite de
W. Londonen', Ferr',
P. Wintonien', S. comite Winto-
C. Elien', men',
H. Lincoln,' Guillielmo Bri-
W. de Gray', can- were,
- cellario nostro, Petro filio Here-
W. comite Sarisbe- berti, et
rien',fratre nostro, Briano de Insula,
R. comite Cestr', dapifero nostro.
W. Marescallo co
mite Pembroc',
Datum per manus majistri Riccardi
de Marisco, archidiaconi Rechemundie
et Northumbr' apud sanctum Paulum
Londonen', tercia die Octobris, anno ab
incarnatione Domini mill0 cc°. xiu.
Regni vero nostri, anno xv°.

HEN. III.
Statute of Merton, Cap. ix.
To the king's writ of bastardy, whether
one being born before matrimony may
inherit in like manner as he that is born
after matrimony, all the bishops an
swered, that they would not, nor could
could not, answer to it, because it was
directly against the common order of the
Church. And all the bishops instanted the
Lords, that they would consent that all
such as were born afore matrimony
should be legitimate, as well as they
that be born within matrimony, as to
the succession of inheritance, forsomuch
as the Church accepteth such for legiti
mate. And all the earls and barons
with one voice answered, that they
would not change the laws of the realm
which hitherto have been used and ap
proved.

An. 35° EDWARDI I. A.n. 1306-7.
Statutum Karlioli.
The Statute of Carlisle.
Of late it came to the knowledge of
our lord the kin£, by the Causes of
grievous complaint of the erection of
honourable persons, lords abbevs-
and other noblemen of his realm, that
whereas monasteries, priories, and other
religious houses were founded to the
honour and glory of God and the ad
vancement of the Holy Church, by the
king and his progenitors, and by the
said noblemen and their ancestors, and
a very great portion of lands and tene
ments have been given by them to the
said monasteries, priories, and houses,
and the religious men serving God in
them, to the intent that clerks and lay
men might be admitted in such monas
teries, priories, and religious houses,
according to their sufficient ability, and
that sick and feeble men might be
maintained, hospitality, almsgiving, and
other charitable deeds might be (done,
and that in them prayers might be said)
for the souls of the said founders and
their heirs ; the abbots, priors, and go-
vernours of the said houses, and certain
aliens their superiours, as the abbots
and priors of Cebtercienses and Pre-
monstratenses, and of the (order) of
Q3

598

ANGLO-SAXON DOOMS

[Ap

St. Augustine and St. Benedict, and
many more of other religion and order,
have (at their own pleasure set) divers
unwonted, heavy, and importable tal
lages, payments, and impositions upon
every of the said monasteries and houses
in subjection unto them in England,
Ireland, Scotland, and Wales without
the privity of our lord the king and his
nobility, contrary to the laws and cus
toms of the said realm ; and thereby
the number of religious persons, and
other servants in the said houses and
religious places being oppressed by such
tallages, payments, and impositions, the
service of God is diminished, alms
(being not given to) the poor, the sick,
and feeble, the healths of the living and
the souls of the dead be miserably de
frauded, hospitality, almsgiving, and
other godly deeds do cease ; and so that
which in times past was charitably given
to godly uses, and to the increase of the
service of God, is now converted to an
evil (end); by permission whereof there
groweth great scandal to the people,
and infinite losses (and disheritances are
like to ensue to) the founders of the
said houses and their heirs, unless
speedy and sufficient remedy be pro
vided to redress so many and grievous
detriments : wherefore our foresaid lord
the king, considering that it would be
very prejudicial to him and his people
if he should any longer suffer so great
losses and injuries to be winked atj and
therefore being willing to
An act made „ • . • i i r j iL
in 33 Edw. I. maintain and defend the
monasteries, priories, and
other religious houses erected in his
kingdom, and in all lands subject to his
dominion, and from henceforth to pro
vide sufficient remedy to reform such
oppressions, as he is bound, by the
counsel of his earls, barons, great men,
and other nobles of his kingdom in his
Parliament holden at Westminster (in
the five-and-thirtieth year of his reign),
hath ordained and enacted :
" That no abbot, prior, master, war-
-r den, or other religious per-
Recital of the son, of whatsoever condi-
said act 33 tion, state, or religion be
Edw. I., reli- , i • » ,. •, ¦ .
giou, persons be> beinS un.der tbe kings
shall send no power or jurisdiction, shall
tax, &c. be- DV li imselfl or by mer-
yondthesea. / ' . J
chants or others, secretly
or openly, by any (device or means),
carry or send, or by any means cause to
be sent, any tax imposed by the abbots,

priors, masters, or wardens of religious
bouses, their superiors, or assessed
amongst themselves, out of his king
dom and his dominion, under the name
of a rent, tallage, or any kind of im
position, or otherwise (by the way) of
exchange (mutual sale), or other con
tract howsoever it may be termed,
neither shall depart into any country
for visitation, or upon any other colour,
by that means to carry the goods of
their monasteries and houses out of the
kingdom and dominion aforesaid. And
if any will presume to offend this pre
sent statute, he shall be grievously
punished according to the quality of his
offence, and according to his contempt
of the king's prohibition.
" Moreover, our foresaid lord the king
doth inhibit all singular ITT
abbots, priors, masters, Impositi'ons
and governors of religious shall not be
houses of the same orders assessedby
, . , . -, , , . priors aliens.
in his kingdom and domin
ion be subject, that they do not at any
time hereafter impose, or by any means
assess any tallages, payments (charges),
or other burdens whatsoever upon the
monasteries or other religious houses in
subjection unto them as is aforesaid ;
and that upon (pain of all that they
have or may forfeit)".
And further, our lord and king hath
ordained and established,
that the abbots of the IV.
i /. /-, , , The common
orders of Cestercienses and seals of auueys>
Premonstracenses, and
ether religious orders, whose seal hath
heretofore been used to remain only
in the custody of the abbot, and
not of the convent, shall hereafter
have a common seal, and (that shall
remain) in the custody of the prior
of the monastery or house, and four of
the most worthy and discreet men of
the convent of the same house to be laid
up in safe keeping under the private
seal of the abbot of the same house
(so that the abbot or prior, which doth
govern the house, shall be able of him
self to establish nothing, though hereto
fore it hath been otherwise used). And
if it fortune hereafter, that writings (of
obligations), donations, purchases, sales,
alienations, or of any other contracts, be
sealed with any other seal than such a
common seal kept as is aforesaid, they
shall be adjudged void, and of no force
in law. But it is not the meaning of
our lord the king to exclude the abbots,

Appendix.]

AND OTHER RECORDS.

599

... . ,. D priors, and other religious
Abbots, aliens, r ' &
may visit their aliens, by the ordinances
houses in and statutes aforesaid, from
"eal executing their office of
visitation in his kingdom and dominion ;
but they may visit at their pleasures, by
themselves or others, the monasteries
and other places in his kingdom and
dominion in subjection unto them, ac
cording to the duty of their office, in
those things only that belong to regular
observation and the discipline of their
order, provided, that they which shall
execute this office of visitation, shall carry,
or cause to be carried out of his kingdom
and dominion none of the goods or
things of such monasteries, priories, and
houses, saving only their reasonable and
competent charges.
And though the publication and open
Commence- not1ke °f th* OTdi.n/nces
ment of the and statutes aforesaid was
operation of stayed in suspense for cer
tain causes, sithence the
last Parliament, until this present Par
liament, holden at Carlisle in the Oc
taves of St. Hilary, in the five-and-
thirtieth year of the reign of the same
King Edward, to the intent that they
might proceed with great deliberation
and advice; our lord the king, after full
conference and debate had with his
earls, barons, nobles, and other great
men of his kingdom, touching the
premises, by their whole consent and
agreement hath ordained and enacted,
that the ordinances and statutes afore
said, under the manner, form, and con
ditions aforesaid, from the first day of
May next ensuing, shall be inviolably
observed for ever, and the offenders of
them shall (be punished as is aforesaid).
The like statute, word for word, is
sent into all the counties throughout
England. The king to the sheriff of Salop,
greeting. Whereas, for the common
weal of the people of our realm, and
amendment of the state of our whole
dominion, in our present Parliament at
Carlisle, with the advice of our great
men and nobles, we have made certain
statutes, which we do send you signed
to be observed ; we do command you,
firmly enjoining, that the same in two
of your county courts you do cause to
be openly read and recited, and the
same in all and singular their articles to
be inviolably observed, and this in no q. u

wise omit. Witness, the king at Car
lisle, the twentieth day of March.
Like writs are sent to every sheriff
throughout England.
The king to his well-beloved in Christ
the Abbot of Waverley,greeting. Where
as, for the common weal of the people of
our realm, &c, as above. We do com
mand you, firmly enjoining, that the
same every year twice in a full chapter
of your house you do cause to be openly
read and recited, and in all and singular
their articles, under tbe pain in the said
statutes contained, to be inviolably ob
served. Witness as above.
The aforesaid statute was sent, with
the king's letters patent in form afore
said, to the abbots of the places under
written, viz. : —
Egliston. Fountains. Gerwedon.
St. Agatha. The Rock. To the Prior
Jeroval. Wellbeck. of Spald-
BellaLanda. Rughford. ing.
Four like letters, at the instance of
the prince, to be directed to certain ab
bots in Wales.

25th EDWARD III. St. vi. a.d.1350.
THE STATUTE OF PROVISORS OF
BENEFICES.
Statute the Fourth.
Whereas, late in the Parliament of
good memory of Edward, king of Eng
land, grandfather to our lord tbe king
that now is, the (xxv.) year of his
reign, holden at Carlisle, tbe petition
(heard just before) the said grandfather
and his council in his said Parliament
by the commonalty of the said realm,
containing, that whereas the holy
Church of England was founded in
the estate of prelacy, within the realm
of England, by the said grandfather and
his progenitors, and the earls, barons,
and other nobles of his said realm, and
their ancestors, to inform RecUaIofpro.
them and the people of the cecdings in
law of God, and to make £*Si1ame¥nt'
. ,.t. , ¦, 35 Edw. I.
hospitalities, alms, ana
other works of charity, in the places
where the churches were founded, for
the souls of the founders,
their heirs, and all Chris- ™$&%2
tians ; and certain posses- possessions
sions, as well in fees, lands, &ye" *« the
, Church.
rents, as in advowsons,
which do extend to a great valup, were

600

ANGLO-SAXON DOOMS

[Ap

assigned by the said founders to the
prelates and other people of the holy
Church of the said realm, to sustain the
same charge, and especially of the
possessions which were
Voidances and assignea\ to archbishops,
presentments . ¦ . , ¦ ^ ¦
of benefices bishops, abbots, priors,
belong to the religious, and all other
king and great peop]e of tfae llo)y Church)
by the kings of the same
realm, earls, barons, and other great
men of his realm ; the same kings, earls,
barons, and other nobles, as lords and
advowees, have had and ought to have
the custody of such voidances, and the
presentments and the collations of the
benefices being of such prelacies. And
the said kings in times psst were wont
to have the greatest part of their council
for the safeguard of the realm when
they had need of such pre-
ThePopebe- ]ates and cierks so aQ.
ritual livings vanced; (the Bishop) of
upon aliens Rome, accroching to him
1TtEngi<andg the seignories of such pos-
sessions and benefices doth
give and grant the same benefices to
aliens, which did never dwell in Eng
land, and to cardinals which might not
dwell here, and to other as well aliens as
denizens, as if lie had been patron or
advowee of the said dignities and bene
fices, as he was not of right by the law
of England ; whereby, if
Theincon. they should be suffered,
srnTlhereeonn. there should scarcely be
any benefice within a short
time in the said realm, but that it should
be in the hands of aliens and denizens
by virtue of such provisions, against the
good will and disposition of the founders
of the same benefices, and so the elec
tions of archbishops, bishops, and other
religious should fail, and the alms, hos
pitalities, and other works of charity,
which should be done in the said
places should be withdrawn ; the said
grandfather, and other lay-patrons, in the
time of such voidances, should lose their
presentments, the said council should
perish, and goods without number should
be carried out the realm, in adnullation
of the estate of the holy Church of
England, and disherison of the said
grandfather, and the earls, barons, and
other nobles (of the said realm), and in
offence, and destruction of the laws and
rights of his realm, and to the great
danger of his people, and in subversion
of all the estate of the said realm, and

against the good disposition and will of
the first founders. By the assent of the
earls, barons, and other nobles, and of
all the said commonalty at their in
stances and requests, the damage and
grievances afore considered, in the said
full Parliament it was (or
dained, provided, cstab- In tl?e„,pi!^'a-
lished, agreed, adjudged, i., provision
and considered), that the was made
saidoppressions,grievances, j^ s
and damages in the same
realm from henceforth should not be
suffered in any manner. And now it is
showed to our lord the king in this pre
sent Parliament holden at Westminster,
at the Utas of the Purification of our
Lady, the five and twentieth year of his
reign of England, and of France the
twelfth, by the grievious complaints of
all the commons of his realm, that the
grievances and mischiefs aforesaid do
daily abound, to the greater damage and
destruction of all (his realm of England),
more than ever were before, viz., that
now of late (the Bishop of Rome) by
procurement of clerks and The p
otherwise, hath reserved, giveth the
and doth daily reserve to benefices of
,. „ . J ., , the Church,
his collation generally and and reserveth
especially, as well arch- the first fruita
bishoprics, bishoprics, ab- t0 nimself-
beys, and priories, as all other dignities
and other benefices of England, which
be of the advowry of people of the holy
Church, and give the same as well to
aliens as to denizens, and taketh of all
such benefices the first fruits, and many
other profits, and a great part of the
treasure of the said realm, by the pur
chasers of such (benefices and graces
aforesaid); and also by such privy re
servations many clerks advanced in this
realm by their true patrons, which have
peaceably holden their advancements by
long time, be suddenly put out ; where
upon the said commons have prayed our
said lord the king, that sith the right of
the crown of England, and the law of
the said realm is such, that upon the
mischiefs and damages which happen to
his realm he ought, and is bound by his
oath, with the accord of his people in
his Parliament, thereof to make remedy
and law, (and in removing) the mis
chiefs and damages which happen to his
realm, he ought, and is bound by his
oath, with the accord of his people in
his Parliament, therefore to make
remedy and law, (and in removing) the

Appendix."]

AND OTHER KECORDS.

601

mischiefs and damages which thereof
ensue, that it may please him thereupon
to ordain remedy.
Our lord the king, seemg the mis-
_. chiefs and damages before
The causes . - , p
and reasons of mentioned, and having re
making this gar(j to the said statute
statute. made in the tLme of big
said grandfather, and to the causes con
tained in the same, which statute holdeth
always his force, and was never de
feated (repealed) nor adnulled in any
point, aud by so much as he is bound
by his oath to cause the same to be
kept as the law of his realm, though
that by sufferance and negligence it
hath been sithence attempted to the
contrary ; also having regard to the
grievous complaints made to him by his
people in divers his parliaments holden
heretofore, willing to ordain remedy for
the great damages and mischiefs which
have happened, and daily do happen to
the Church of England by the said
cause; by the assent of all the great
men and the commonalty of the said
realm, to the honour of God, and profit
of the said Church of England, and of
all bis realm, hath (ordered) and sta-
blished, that the free elections of arch-
Elections of l»shops, bishops, and all
bishops and other dignities and bene-
other dignities fices elective in England,
of the Church , n . ,, « , ^ lL
shall be free shall hold from henceforth
as they were in the manner as they were
founded. granted by the king's pro
genitors, and (the ancestors of other
lords, founders of the said dignities and
other benefices). And that all prelates
and other people of the Holy Church,
which have advowsons of any benefices
of the king's gift, or of any of his pro
genitors, or of other lords and donors,
Collations and to do Divine services and
presentations other changes thereof or-
shallbefree. da'ined, shall have their
collations and presentments freely to
the same, in the manner as they were
enfeoffed by their donors. And in case
that reservation, collation, or provision
be made by the Court of Rome, of any
archbishopric, bishopric, dignity, or
other benefice, in disturbance of the
Where the (free) elections, collations,
Popemaketh or presentations afore-
provisions to a named, that at the same
ctrch°tfhehe time of the voidance (that)
king shall such reservations, colla-
present. tions, and provisions (ought
to) take effect, our lord the king and

his heirs shall have and enjoy for the
same time the collations to the arch
bishoprics and other dignities elective,
which be of his advowry, such as his
progenitors had, before that free elec
tion was granted (since that the election
was) first granted by the king's pro
genitors upon a certain form and con ¦
dition, as to demand licence of the king
to choose, and after the election to have
his royal assent, and not in other man
ner ; which conditions not kept, the
thing ought by reason to resort to his
first nature ; and if any such reserva
tion, provision, or collation <.„•„„ „
, r , „ ' , „ So in cases of
be made of any house ot re- provision to
ligion of the king's ad- religious
,. , , c houses or to
vowry in disturbance of benefices of
free election, our sovereign the advowson
lord the king, and his heirs, of the clelsy-
shall have for that time the collation to
give this dignity to a convenient per
son. And in case that collation, reser
vation, or provision be made by the
Court of Rome of any church, prebend,
or other benefices, which be of the ad
vowry of people of the Holy Church,
whereof the king is advowee paramount
immediate, that at the same time of
the voidance, at which time the colla
tion, reservation, or provision (ought
to) take effect as afore is said, the king
and his heirs thereof shall have the pre
sentment or collation for that time ; and
so from time to time, whensoever such
people of Holy Church shall be dis
turbed of their presentments or colla
tions, by such reservations, collations,
or provisions, as afore is said ; saving to
them the right of their ad-
vowsons and their pre- ^«en",
sentments, when no col- or the parties
lation or provision of the themselves
Court of Rome is thereof
made, where that the said people of
Holy Church shall or will to the same
benefices present or make collation ;
and that their presentees may enjoy the
effect of their collations or present
ments to the houses of religion which
be of his advowry, and other benefices
of Holy Church which be pertaining to
the same houses. And if
such patrons do not pre- £«°"S
sent to such benefices and on their
within the half year ater default by the
such voidances, nor the
bishop of the place do not give the same
by lapse of time within a month after
half a year, that then the king shall

602

ANGLO-SAXON DOOMS

[Appendix.

have thereof tbe presentments and col
lations, as he hath of other of his own
The penalties advowry. And in case that
for disturb- the presentees of the king,
ance by pro- or the "presentees of other
vlsors" patrons of Holy Church or
of their advowees, or they to whom the
king, or such patrons or advowees afore
said, have given benefices pertaining to
their presentments or collations, be dis
turbed by such provisors, so that they
which be in possession of such benefices
be impeached upon their said pos
sessions by such provisors ; then the
said provisors, thijir procurators, exe
cutors, and notaries, shall be attached by
their body, and brought in to answer ;
and if they be convict,
onSnvicto'. they shall abide in prison
without being let to main
prise or bail, or otherwise delivered, till
that they have made fine and ransom to
the king at his will, and gree to the
party that shall feel himself grieved.
And nevertheless before that they be
delivered, they shall make full renun-
Renunciation clation- and find sufficient
and surety surety that they shall not
against future attempt such things in
attempts. ,-
time to come, nor sue any
process by them, nor by other, against
any man in the Court of Rome, nor in
any part elsewhere, for any such im
prisonments or renunciations, nor any
other thing depending on them.
And in case that such pro-
outlawry! visors, procurators, execu
tors, or notaries be not
found, that the exigent shall run against
them by due process, and that writs
shall go forth to take their bodies in
what parts they be found, as well at the
king's suit as at the suit of the party,
The king shall and thafc in the mean time
have irame. the king shall have the
diate profits. profits of such benefices so
occupied by such provisors, except
abbeys, priories, and other houses which
have colleges or convents ; and in such
houses the colleges and convents shall
have the profits, saving always to our
lord the king, and to all other lords
Commence. their old right. And this
ment of this statute shall have place as
well of reservations, colla
tions, and provisions made and granted
in times past against all them which
have not yet obtained corporal posses
sion of the benefices granted to them by
the said reservations, collations, and .pro

visions, as against all other in time to
come. And this statute oweth to hold
place and to begin at the said Utas.

27th EDW. III.
A STATUTE AGAINST ANNULLERS OF JUDG
MENTS OF THE KING'S COURT, MADE IN
THE TWENTIETH YEAR,,
Statute the First.
Our lord the king, by the assent and
prayer of the great men, and the Com
mons of his realm of England, at his
great council holden at Westminster, the
Monday next after tbe feast of St.
Matthew the Apostle, the twenty-
seventh year of his reign in England,
and France the fourteenth, in amend
ment of his said realm, and maintenance
of the laws and usages, hath ordained
and established these things under
written. First, because it is showed to our lord
the king, by the grievous and clamorous
complaints of the great men and Com
mons aforesaid, how that divers of the
people be, and have been drawn out of
the realm to answer things whereof the
cognisance pertaineth to the king's
court; and also that the judgments
given in the same court be impeached
in (another court), in prejudice and
disherison of our lord the king, and of
his crown, and of all the people of his
said realm, and to the undoing and de
struction of the common law of the
same realm at all times used ; where
upon, good deliberation had with the
great men and other of his said council,
it is assented and accorded by our lord
the king, and great men and the Com
mons aforesaid, that all
people of the king's lige- A,.] su.lfacts
11 » o suing in a
ance, oi what condition that court forraat-
they be, which shall draw "=« cognisable
. r .. i .in the king s
any out of the realm in court, or ques-
plea, whereof the cognis- tioning else-
ance pertaineth to the ?h/re tbte ,
, . , r „ . . judgments of
kings court, or or things the king's
whereof judgments be given court, shall
• 4.1 l ¦ > i • u have two
in the king s court, or which months' warn-
do sue in (any other court) ing to answer
to defeat or impeach the for such con-
. , . . ' . . tempt.
judgments given in the
king's court, shall have a day containing
the space of two months, by warning to
be made to thsm in the place where the

Appendix.]

AND OTHER RECORDS.

603

be which be in debate, or
otherwise where they have lands or
other possessions, by the sheriffs or other
the king's ministers, to appear before
the king and his council, or in his
Chancery, or before the king's justices
in his places of the one bench or the
other, or before other the king's jus
tices which to the same shall be de
puted, to answer in their proper persons
to the king, of the contempt done in
„ this behalf; and if they
On non-ap- * , -j j
pearance they come not at the said day
shall be out- m their person to be at the
KM?" la-, they, their procura-
and goods, and tors, attornies, executors,
be imprisoned. notal.;eSi atlcJ maintainors,
shall from that day forth be put out of
the king's protection, and their lands,
goods, and chattels forfeit to the king,
and their bodies, wheresover they may
be found, shall be taken and imprisoned,
and ransomed at the king's will : and
upon the same a writ shall be made to
take them by their bodies, and to seize
their lands, goods, possessions into the
king's hands ; and if it be returned that
they may not be found, they shall be
put in exigent and outlawed.
Provided always, that at what time
they come before they be
comhigjn be- outlawed, and will yield
fore outlawry, them to the king's prison
Sra?6 re- to be justified by the law,
and to receive that which
the court shall award in this behalf,
that they shall be thereto received ;
the foifeiture of the lands, goods and
chattels abiding in their force, if they
do not yield them within the said two
months as afore is said.

38th EDW. III.
Statute the Second.
To nourish love, and peace, and con
cord between Holy Church, and the
realm, and to appease and cause to cease
the great hurt, perils, and importable
losses and grievances that had been done
and happened in times past, and that
shall happen hereafter, if the thing from
henceforth be suffered to pass, because of
personal citations, and other that be past
before this time, and commonly doth
pass from day to day out of the Court
of Rome by feigned and false sugges

tions and propositions against all man
ner of persons of the realm, upon causes,
whose cognisance and final discussing
pertaineth to our lord the king and his
royal court ; and also of ™.
. . . . . 1 he several
impetrations and provisions enormities of
made in the said Court of citations and
Rome, of benefices and &™5 £,.
offices of the Church, per- fices obtained
taining to the gift, presen- from Uom<>.
tation, donation, and disposition of our
said lord the king and other lay patrons
of his realm, and of churches, chapels,
and other benefices appropriated to (ca
thedral churches) abbeys, priories, chan
tries, hospitals, and other poor houses,
and of other dignities, offices, and bene
fices occupied in times past and present
by divers and notable persons of the
said realm : for the which causes, and
the dependants thereof, the good ancient
laws, customs, and franchises of the said
realm have been and be greatly im
peached, blemished, and confounded,
the crown of our lord the king abated,
and his person very hardly and falsely
defamed, the treasurer and riches of his
realm carried away, the inhabitants and
subjects of the realm impoverished and
troubled, the benefices of the Church
wasted and destroyed, divine service,
hospitalities, alms, deeds, and other
works of charity (withdrawn and set
apart), the great men, commons, and
subjects of the realm in body and goods
damnified: our sovereign lord the king,
at his Parliament holden at Westmin
ster in the Utas of St. Hilary, the
thirty-eighth year of his reign, having a
regard to the quietness of his people,
which he chiefly desireth to sustain in
tranquillity (and peace), to govern ac
cording to the laws, usages, and fran
chises of his land, as he is bound by his
oath made at his coronation, following
the ways of his progenitors, for their
time made good ordinances and provi
sions against the said grievances and
perils, which ordinances and provisions
and all the other made in his time, and
especially in the twenty-fifth and twenty-
seventh year of his reign, our sovereign
lord the king, by the assent and express
will and concord of the dukes, earls,
barons, and the commons of his realm,
and of all other whom these things
toucheth by good and (mete) delibera
tion and avisement, hath approved, ac
cepted, and confirmed, saving the estate
of the prelates and other lords of the

604

ALGLO-SAXON DOOMS

[Appendix.

realm, touching the liberty of their
bodies, so that by force of this statute
their bodies be not taken, joining to tbe
Persons ob- same.' hath provided and
taining or pur- ordained, that all they
chasing cita- which have obtained, pur-
tions or bene- , , j i
fices from the chased, or pursued, such
Court of personal citations or other
Rome, m tjmes past, or hereafter
shall obtain, purchase, or pursue such
like, against him or any of his subjects,
and also all they that have obtained or
shall obtain in the said court, deaneries,
archdeaconries, provisties, and other dig
nities, offices, chapels, or benefices of
H<5ly Church, pertaining to the colla
tion, gift, presentation, or disposition of
our said sovereign the lord the king, or
of other lay patron of his said realm ;
and also all like persons, obtainers of
churches, chapels, offices, or benefices of
Holy Church, pensions, or rents amor
tised and appropried to churches cathe
dral or collegia!, abbeys, priories, chan
tries, hospitals, or other poor houses, be
fore that such appropriations and amor-
tisements be void and adnulled by due
process ; also they which have obtained
in the same court, dignities, offices,
hospitals, and any benefices of churches
which be occupied at this present season
by reasonable title by any persons of the
said realm, if such impetrations be not
fully executed, or shall obtain hereafter
like benefices, v* hereby prejudice, da
mage, or impeachment hath or may be
done hereafter to him or his said sub
jects, (in) persons, heritages, possessions,
rights, or (any goods) or to the laws,
usages, customs, franchises, and liberties
of his said realm and of his crown ; also
all their maintenours (con
cealers), abettors, and other
aiders and fautours, wit
tingly, as well at the suit of the king as
of the party, or other whatsoever he be
of the realm, finding pledges and surety
to pursue against them ; in this case all
the said persons defamed and violently
suspect of such impetrations, pursuits,
Shall bear- °/ grievances (by suspec-
rested, and tion), shall be arrested and
held to bail, taken by tl)e sheriffg of the
places and justices in their sessions,
deputies, bailiffs, and other the king's
ministers; by good and sufficient main
prise, replevin, bail, or other surety, the
shortest that may be, (and) shall be
presented to the king and his council,
there to remain and stand to right, to

And their
abettors.

receive what the law will And on con.
give them ; and if they be viction shall
attainted or convict of any be punished,
of the said things, they theTtatutJ0
shall have the pain com- 25 Edw. III.
prised in the statute made s-5-c-22-
in twenty-fifth year of the reign of our
sovereign lord the king, which begin-
neth (Whereas late in the Parliament),
&c. Item, If any person defamed or sus
pect of the said impetra- It
tions, prosecutions, or griev- Suspected
ances or enterprises, be out Person? not
- . , r . , . , appearing
oi the realm or within, and after warning,
may not be attached or shall incur the
arrested n their proper Matltl$the
persons, and do not pre- Edw. III. s. 1.
sent them before the king c*
or his council, within two months next
after that they be thereupon warned in
their places, if they have any, in any of
the king's courts, or in the counties, or
before the king's justices in their ses
sions, or otherwise sufficiently, to an
swer to the king and to the party (to
stand) and be at the law in this case
before the king and his council, shall
be punished by the form and manner
comprised in the statute made in the
said seven-and-twentieth year of this
king's reign, which beginneth " Our
sovereign lord the king by the as
sent, &c," and otherwise, as to the king
and his council shall seem to be done,
without any grace, pardon, Nopardon
or remission to be made by without con-
the king without the will sent of the
, ° . c . , party grieved,
and assent oi the party,
which shall prove him to be grieved,
and without making to him due satis
faction in this case.
Item, It is accorded, that none other
subject of the said realm,
keeping and sustaining o.^"^^™
these ordinances, shall in- specified bhall
cur any forfeiture of life iycur any for-
, J , i-ii r. feiture under
and member, of lands, of this ordinance.
heritage, nor of goods
against the king, nor none other person,
nor lose estate nor favour because of
the said things ordained ; nor his heirs
may not nor ought not to be reproved,
defamed, nor impeached by any of the
said causes at any time hereafter. And
if any person, of whatsoever estate or
condition that he be, by any manner
attempt or do any thing against the said
ordinances, or any thing comprised in
them, the same person shall be brought

Appendix.]

AND OTHER RECORDS.

605

to answer in the manner as is aforesaid,
and if he be thereupon attainted or
convict, he shall be put out of the king's
protection, and punished after the form
of the said statute made the twenty-
seventh year.
Item, If any person maliciously or
falsely make any pursuit
,IV* against any person of the
Penalty on &., . ' „r
persons mali- said realm, tor cause com-
ciously prose- prised in these present or-
,Chf Ka'nce. <&»»<*».. «"d thereof be
duly attainted, such plain
tiff shall be duly punished at the ordi
nance of the king and his council ; and,
nevertheless, he shall make gree and
amends to the party grieved by his
pursuit. And to the intent that the
said ordinances, and every of the same,
for the (ease, quietness, and wealth of
the commons), be the better sustained,
executed, and kept; and that all those
that have offended, or shall offend
against these ordinances, by prosecu
tions, accusation1:, denunciations, cita
tions, or other process made or to be
made out of the said realm or within,
or otherwise against any manner of
person of the said realm, be the more
convenably and speedily brought in an
swer, to receive right according to their
desert; the king, the prelates, dukes,
All people earls> barons' nobles' and
shall assist in (other) commons, clerks,
enforcing this ari(j lay-people be bound
ordinance. * tl • r . ¦,.
by this present ordinance
to aid, comfort, and to counsel the one
the other ; and as often as shall need,
and by all the best means that may be
made of the word aud of the deed, to
impeach such offenders, and resist (their
deeds and) enterprises, and without
suffering them to inhabit, abide, or pass
(by) their seignories (possessions), lands,
jurisdiction, or places; and be bound to
keep and defend the one the other from
all damage, villany, and reproof, as
they should do their own persons, and
for their deed and business, and by such
manner, and as far forth, as such pro
secutions or process were made or at
tempted against them in especial (ge
neral), or in common.

3d RICHARD IL
OF THE STATUTE MADE AT WESTMINSTER
IN THE THIIID YEAR J INUOLLED.
(At the Parliament holden at West
minster, the Monday next after the

Feast of St. Hilary, the third year of
King Richard the Second), of the assent
of the Lords and other in the same Par
liament, (our said Lord hath) caused to
be made certain statutes and ordinances
in the form following : —
First, It is ordained and established,
that Holy Church have and j.
wholly enjoy her fran- Liberties of
chises and liberties, by the ^ fcw/rf
manner as she hath had ihe realm con-
and enjoyed them in the firmed. ;
time of the king's noble progenitors ;
and that the good laws and customs of
the realm, and the statutes made before
this time, and not repealed, be holden
and _firmly kept and put in due exe
cution. Item, because that our lord the king
hath perceived, as well by the com
plaints of his faithful liege people (and
by their clamour by) divers petitions
the eof delivered in divers Parliaments
before this time, as otherwise by the
perfect knowledge and experience of the
deed, how the churches cathedral and
collegial, abbeys, and priories, and other
benefices of his realm, which were late
founden, and richly endowed by his noble
progenitors, in which divers dignities,
offices, personages, canonries, prebends,
and other benefices, were solemnly and
devoutly ordained and established of
the assent of the foresaid progenitors of
the king, and of other their noble
founders, which did give
to the said pastors of the C„auses why ,
', , . advowsons of
same churches, abbeys, benefices were
priories, and of other great g'ven to spi-
places, the advowsons of r"uaI pers<"'s-
he same benefices, to the intent that
the same benefices should be given to
honest and meet persons of the realm,
to serve and honour God diligently,
and also to keep hospitality, and to in
form and teach the people, and to do
other worthy things pertaining to the
cure of souls, efter the ,
i .. „ , Ineonve-
estate and quality of the niences of
said benefices : and so was giving bene-
it done in all times past hce8 10 aliens-
after the foundation of the same, till
now of late, that by the informations,
instigations, and procurements of some
of the king's liege people, the same
benefices have been given against the
will of the founders, to divers people
of another language, and of strange
lands and nations, and sometime to the
utter enemies of the king and of his

606

ANGLO-SAXON DOOMS

[A

PFEKDIX.

realm, which never made residence in
the same, nor cannot, may not, nor will
not in sucli wise bear and perform the
charges of the same benefices, as in
hearing confessions, preaching, nor
teaching the people, keeping hospitality,
nor accomplishing the other things ne
cessary to the governance of the same
benefices ; but only thereof (have) and
take the emoluments and temporal
profits, not having regard to the spiritual
cure nor to other charges to the same
benefices pertaining or belonging; but
manifestly suffer the noble buildings in
old times there made, when the same
benefices were occupied by English
men, wholly to fall to decay, whereby
the divine service is greatly minished,
the cure of souls neglected and left, the
clergy enfeebled, the treasure of the
said realm carried to the hands of aliens,
and all the estate of the Holy Church
brought to less reverence than before it
was wont to be ; and though that in the
„ ^ time of the said grandfather
Former ¦ j-
statutes not certain ordinances, statutes,
effectual. and compositions were
made and affirmed, wholly to put out, or,
at least, to restrain the said mischiefs
in this behalf; nevertheless, the said
aliens, not having regard to the same,
do not refrain to take and receive such
benefices within the said realm, but by
the comfort, aid, and great succour
which they have had of the king's liege
people, that he their fermours, pro
curators, and attornies in this behalf
(and) in every part of the said realm,
do enforce themselves from day to day
more and more (to accept) the greatest
dignities and benefices within the said
realm, and by divers cautelous manners,
rnuch prejudicial to the said realm if
that were suffered, whereby the said
mischiefs do daily increase, and much
more will increase, if due remedy be
not sooner provided : our lord the king,
, „ by tbe advice and common
None shall. '
administer or assent of all the fords tem-
farm benefices poral being in this parlia-
a'iieEnnsfnodrf°'' ment' hath ordained and
shall send established, that none of
money to |]le kjnVs liege people or
aliens out 01
such benefices other person, of whatso-
by bill of ex- ever estate or condition
othe'rwW, thi" he. oe> shM »ot tak*
without the nor receive within the same
king's licence. rea\m 0f England, procu
racy, letter of attorney, nor ferm nor
other administration by indenture, nor

in any other manner whatsoever, of any
person of the world, of any benefice
within the said realm, but of only of the
king's liege people of the same realm,
without the special grace and express
licence of our lord the king, by the ad
vice of his council ; and if any before
this time have accepted of any aliens,
such procuracies, ferms, or administra
tion, that shall utterly leave them
within forty days after publication of
this ordinance; and that none of the
said liege people, nor other that may be
found in the said realm, shall convey by
virtue of such procuracy, ferm, or ad
ministration, gold, silver, nor other
treasure, nor commodity out of the said
realm, by letter of exchange, by mer
chandise, nor in other manner, to the
profit of the said aliens, without like
licence of the king by the advice of his
said council, and if any do the contrary,
in any point contained in this ordi
nance, he shall incur the TT ,
, - , Under the
pain and punishment con- penalties of
tained in the Statute of statute
Provisors, made in the f^Ed™\Uh
time of the king's grand
father, the seven-and-twentieth year of
his reign, by the same process com
prised in the said statute,
and by warning to be made J^offeild.
to them m their benefices, ersoutofthe
or other their possessions realm, to ap-
... ,, i j -c pear in half a
withm the realm ; and it ycaXt
they be out of the said
realm, and (not beneficed, not having
possession) within the same realm where
they may be warned, then a writ shall
be made in the chancery grounded upon
this ordinance to the sheriff of London,
or to the sheriff of the county in which
they were or shall be born, at the king's
suit, returnable in the one bench or the
other, by Vhich writ it shall be com
manded, that proclamation be made
openly, that they appear before the jus
tices in the bench where the writ is
returnable at a certain day comprised in
the same writ, containing the space of
half a year, to answer upon the matters
comprised in the same writ ; and after
this writ returned, the justices shall
proceed against them according to the
form above ordained ; and it is (assented)
by the king in the same NobishoPi&c.
parliament, by the assent shall meddle
aforesaid, that no bishop, b.y sequestia-
tl ,. TT , tion, &c. wiin
nor other person of Holy benefices given
Church through tbe realm, to aliens.

Appendix.]

AND OTHER RECORDS.

607

shall meddle by way of sequestra
tion, nor in any other manner with the
fruits of such benefices given or to be
given to the said aliens, to the profit of
the same aliens, upon the peril that
belongeth. (Dated, &c.)
And therefore we command you,
that the said statutes you do cause to be
proclaimed and published in the notable
place within your Bailiwick, and the
the same to be firmly kept and ob
served according to the form thereof.
Given under the witness of our Great
Seal at Westminster, the twelfth day of
March, in the third year of our reign.

7th RICHARD II.
Item, "Whereas late in the Parliament
XI1 holden at Westminister, the
Stat. 3 Rich, third year of our said lord
^Voh"3* re" *ne kmS' at the request of
the Commons, and by the
assent of the Lords Temporal, it was
ordained and assented, and upon a grie
vous pain prohibited, that no subject of
the king or other person, of what estate
and condition he were, should take,
neither receive from henceforth, within
the realm of England, procuracy, letter
of attorney, ne ferm, nor any other ad
ministration by indenture, or in any
other manner, of any person concerning
any benefice of holy Church within the
realm, but only of the king's subjects
of the same realm, without
ex.efi„Sdtoand *" eSP?ckl S™6 and eX"
aliens holding press licence of our said
benefices in lord the king, upon a cer-
tngland, who . • • 1 * j • Al
shail also be *ain Pain contained in the
liable to the said statute ; it is assented
P>EdwSUl and aSreed by the same
s.5. c. 22. " lords, that the same statute
shall keep his force and
effect in all points ; and, moreover, it is
assented, that if any alien have pur
chased, or from henceforth shall pur
chase any benefice of Holy Church,
dignity, or other thing, and in his proper
person take possession of the same, or
occupy it himself within the realm,
whether it be to his own proper use or
to the use of another, without especial
licence of the king, he shall be comprised
within the same statute; and, more
over, shall incur all pains and forfeitures
in all points as before ordained by
another statute made the five-and-
twentieth year of the noble King Ed

ward III., grandfather to our lord the
king that now is, against them that
purchase provisions of abbeys or priories;
and to the intent that such
licences shall not be from Sces'to the
henceforth made, the king contrary shall
willeth and commandeth ""t be asked
to all his subjects and other,
that they shall abstain them from hence
forth to pray him for any such licence to
be given ; and also the king himself
will refrain to give any such licence dur
ing the wars, except to the Cardinal of
Naples, or to some other special person
to whom the king is beholden for a
special cause.

12th RIC. IL, v. 13—16.
Item, That no liege-man of the king, of
what estate or condition xv
that he be, great or little, Provisors' of
shall pass over the sea, nor benefices be-
j , t> , , i ™ yond sea de-
send out of the realm of £Iared out of
England by licence, nor the king's
without licence, without Protection, &c.
special leave of the king himself, to
provide or purchase for him benefice of
Holy Church, with cure or without
cure in the said realm ; and if any do,
and by virtue of such provision accept
by (him), or by any other, any benefice
of the same realm, that at that time the
same provisor shall be out of the king's
protection, and the same benefice void,
so that it shall be lawful to the patron
of the same benefice, as well spiritual
as temporal, to present to the same an
able clerk at his pleasure.

13th RIC. II., =.. 2. u. I, 2.
Item, Whereas the noble King Edward,
grandfather to our lord the ,j
king that now is, at his Effect of the
Parliamentholdenat West- |?^{e
minister, at the Utasofthe stat.V con-"
Purification of our Lady, cerningpro-
the five-and-twentieth year visors recited.
of his reign, caused to be rehearsed the
statute made at Carleil in the time of
King Edward, son of King Henry,
touching the estate of the Holy Church
of England ; the said grandfather of
the king that now is, by the assent of
the great men of his realm, being in the
same Parliament, holden the said five-
and-twentieth year, to the honour of
God and of Holy Church, and of all his
realm, did ordain and establish, that the

608

ANGLO-SAXON DOOMS

[Ar

free elections of archbishoprics, bishop
rics, and all other dignities and benefices
elective in England, should hold from
thenceforth in the manner as they were
granted by his progenitors, and by the
ancestors of other lords founders. And
that all prelates and other people of
Holy Church, which had advowsons of
any benefices of the gift of the king, or
of his progenitors, or of other lords and
donors, should freely have their colla
tions and presentments; and thereupon a
certain punishment was ordained in the
same statute for them which accept any
benefice or dignity contrary to the said
statute made at Westminister the said
twenty-fifth year, as afore is said ; which
statute our lord the king hath caused to
be recited in this present Parliament,
the tenor whereof is such as hereafter
followeth : —
*v Whereas, late in the Parliament of
Tenourofthe S?od memory of Edward,
said recited king of England, grand-
*£*"te» ,TT father to our Lord the
25 Edw. III. , . . . . iL a
king that now is, the nve-
and-thirtieth year of his reign, holden at
Carlisle, the petition heard, put before
the said grandfather and his council in
his said Parliament by the commonalty
of the said realm, containing, that
whereas the Holy Church of England
was founded in the estate of prelacy,
within the realm of England, by the
Recital of pro- said grandfather and his
ceedings in progenitors, and the earls,
Parliament, barons, and other nobles of
35 Edw. I. , . . , . , .
his said realm, and their
ancestors, to inform them and the people
of the law of God, and to make hos
pitalities, alms, and other works of
charity, in the places where the churches
__ . . , were founded, for the souls
The origin and c ,, c , ,, . . .
purpose of the ot the founders, their heirs
possessions and all Christians; and cer-
Churcn° ^ tain Possessi°ns, as well in
fees, lands, rents, as in ad
vowsons, which do extend to a great
value, were assigned founders to the
prelates and other people of the Lloly
Church of the said realm, to sustain the
same charge, and especially of the pos
sessions which were assigned to arch
bishops, bishops, abbots,
pVr0eS<enntn1e|„a«sd P"OTS' »*P°<«, «d all
of beneaces other people of Holy
belong to the Church, by the kings of the
king and . , , * , ¥ ° ,
great men. said realm,earls, batons, and
other great men of his
realm; the same kings, earls, barons,

and other nobles, as lords, and advowees,
have had and ought to have the custody
of such voidances, and the presentments
and the collations of the
benefices being of such The Pope be-
. . ,° , . . stoweth spi-
prelacies ; and the said ritual livings
kings in times past were uPon aliens
wont to have the greatest En^d""*111
part of their council, for
the safeguard of the realm, when they
had need of such prelates and clerks
so advanced ; the Pope of Rome accroch-
ing to. him seignories of such posses
sions and benefices to aliens, which did
never dwell in England, and to cardinals,
which might not dwell here, and toother
as well aliens as denizens, as if he had
been patron or advowee of the said
dignities and benefices, as he was not of
right by the law of England ; whereby
if they should be suffered,
there should scarcely be Theinconve-
any ben -fiee within a short T^th™
time in the said realm, but
that it should be in the hands of aliens
and denizens by virtue of such provisions,
against the good will and disposition of
the founders of the same benefices ; and
so the elections of archbishops, bishops,
and other religious should fail, and the
alms, hospitalities, and other works of
charity, which should be done in the said
places, should be withdrawn, the said
grandfather and other lay-patrons, in
the time of such voidances, should lose
their presentments, the said council
should perish, and goods without num
ber should be carried out of the realm,
in adnullation of the estate of the Holy
Church of England, and disherison of
the said grandfather, and the earls,
barons, and other nobles (of the said
realm), and in offence and destruction of
the laws and rights of his realm, and to
the great damage of his people, and in
subversion of all the estate of his said
realm, and against the good disposition
and will of the first founders; by the
atsent of the earls, barons, and other
nobles, and of all the said commonalty,
at their instances and requests the da
mage and grievance afore considered, in
the said full Parliament, it
was provided, ordained, and ln the Paj;lia-
l it l j .i .. - i ment 35 Edw.
established, that the said I., provision
oppressions, grievances, and was made
damages in the same realm e^instsuch
from henceforth should not
be suffered in any manner. And now it
is showed to our lord the king in this

Appendix.]

AND OTHER RECORDS.

609

present Parliament holden at West
minster, at the Utas of the Purification
pf our Lady, the five-and-twentieth year
of his reign of England, and of France
the twelfth, by the grievous complaints
of all the Commons of his realm, that
the grievances and mischiefs do daily
abound, to the greater damage and de
struction of all this realm more than
The Pope ever were before, viz., that
giveth the now of late our holy father
benefices of the Pope, by procurement
the Church, c 1 i j .,
and reserveth °* clerks and otherwise,
the first fruits hath reserved and doth
toiiimself. daily reservg to his col.
lation generally and especially, as
well archbishoprics, bishoprics, ab
beys, and priories, as all other dig
nities, and other benefices of England,
which be of the advowry of people of
Holy Church, and doth give the same
as well to aliens as to denizens, and
taketh of all such benefices the first
fruits, and many other profits, and a
great part of the treasure of the said
realm is carried away and dispended out
of the realm, by the purchasers of such
graces; and also by such privy reserva
tions many clerks advanced in this realm
by their true patrons, which have peace
ably holden their advancement by long
time, be suddenly put out : whereupon
the said Commons have prayed our lord
the king, that sith the right of the crown
of England, and the law of the said
realm is such, that upon the mischiefs
and damages which happen to his realm,
he ought and is bound by his oath,
with the accord of his people in Parlia
ment, thereof to make remedy and law
for the voiding of the mischiefs and
damages which thereof ensue, that it
may please him thereupon to ordain
The causes "medy. Our lord the king
and reasons of seeing the mischiefs and
making this damages afore-mentioned,
statute. , ° . , . . , '
and having regard to the
said statute made in the time of his said
grandfather, and to the causes contained
in the same; which statute holdeth
always his force, and was never defeated
nor adnulled in any point, and by so
much as he is bounden by his oath to
cause the same to be kept as the law of
his realm, though by suffrance and neg
ligence it hath been sithence attempted
to the contrary ; also having regard to
the grievous complaints made to him by
his people in divers his Parliaments,
holden heretofore, willing to ordain
VOL. III. R

remedy for the great damages and mis
chiefs which have happened, and daily
do happen to the Church of England
by the said cause ; by the assent of
all the great men and the commonalty
of the said realm, to the honour of
God, and profit of the said Church
of England, and of all his realm,
hath ordained and stab-
lished, That the free elec- bishops and
tions of archbishops, other dignities
... / 77 _,t 7- of the Church
bishops, ana all other dig- shall be free,
nities and benefices elec- ?s1th?ydwere
five in England, shall
hold from henceforth in the manner as
they were granted by the king's pro
genitors, and the ancestors of other
lords, founders of the said dignities
and other benefices. And that all
prelates and other people ColIalions and
of Holy Church, which presentations
have advowsons of any sha" be free-
benefices of the king's gift, or of any of
his progenitors, or of other lords and
donors, to do divine services, and
other charges thereof ordained, shall
have their collations and presentments
freely to the same, in the manner as
they were enfeoffed by their donors.
And in case that reservation, colla
tion, or provision be made
by the Court of Rome, of pope maketh
any archbishopric, bish- provision to a
J . ,. . . r ., dignitvofthe
opric, dignity, or other church, the
benefices in disturbance of khig shall
the elections, collations, or
presentations aforenamed, that at the
same time of the voidance, when such
reservations, collations, and provisions
shall take effect, our lord the king
and his heirs shall have and enjoy for
the same time the collations to the
archbishoprics, bishoprics, and other
dignities elective which be of his ad
vowry, such as his progenitors had,
before that free election was granted,
seeing that the election were first
granted by the king's progenitors upon
a certain form and condition, as to
demand licence of the king to choose,
and after the election to have his royal
assent, and not in other manner; which
conditions not kept, the thing ought by
reason to resort to his first nature ;
And if any such reserv- .
J a . . 77 So in cases of
ation, provision, or colla- provision to
i tion be made of any house religious
R

610

ANGLO-SAXON DOOMS

[ArPENDIX.

houses, or to 0f religion of the king's
theadvowson advowry, in disturbance
of the clergy, of free election, our sove
reign lord the king, and his heirs,
shall have for that time the collation to
give this dignity to a convenient per
son. And in case that collation, re
servation, or provision be made by the
Court of Rome of any church, pre
bend, or other benefices, which be of
the advowry of people of Holy Church,
whereof the king is advowee para
mount immediate, that at the same time
of the voidance, at which time the col
lation, reservation, or provision should
take effect as afore is said, the king
and his heirs thereof shall have the
presentment or collation for that time ;
and so from time to time, whensoever
such people of Holy Church shall be
disturbed of their presentments or col
lations by such reservations, collations,
or provisions, as afore is said; saving
to them the right of their
Saving, when advowsons and their pre-
110 provisions, . . 7 J 77
or the parties sentments, when no colta-
themselves t{Qn or provision of the
Court of Rome is thereof
made, or where that the said people of
Holy Church shall or will to the same
benefices present or make collation ;
and that their presentees may enjoy the
effect of their collations or present
ments. And in the same manner every
other lord of what condition that he
be, shall have the collations or pre
sentments to the houses of religion
which be of his advowry, and other
benefices of Holy Church which be
pertaining to the same houses ; and if
such advowees do not
Presentations present to such benefices
and on the'ir within the half year after
default by tii e sucn voidances, nor the
bishop of the place do not
give the same by lapse of time within
a month after half a year, that then
the king shall have thereof the pre
sentments and collations, as he hath of
other of his own advowry, and in case
The penalties the presentees of the king
for disturbance or the presentees of other
by provisors. ^^ gf jg-^ ^^
or of their advowees, or they to whom
the king, or such patrons or other
advowees aforesaid, have given bene

fices pertaining to their presentments
or collations, be disturbed by such.
provisors, so that they may not have
possession of such benefices by virtue
of the presentments or collations to
them made, or that they which be in pos
session of such benefices be impeached
upon their said possessions by such
provisors, then the said provisors,
their procurators, executors, and nota
ries, shall be attached by their body,
and brought in to answer ; and if they
be convict they shall abide
in prison without being Imprisonment
7 . \ . . , 9, on conviction.
let to mainprise, or bail,
or otherwise delivered, till that they
have made fine and ransom to the
king at his will, and gree to the party
that shall feel himself grieved; and
ninpertheless before that „
.. . 7 7. 7 _,7 Renunciation
they be delivered, they and surety
shall make full renuncia- against future
tion, and find sufficient a emp s'
surety that they shall not attempt sueh
things in time to come, nor sue any
process by them, nor by other, against
any man in the Court of Rome, nor in
any part elsewhere, for any such im
prisonments or renunciations, nor any
other thing depending on them. And
in case that such provi
sors, procurators, ex- Process of
' * : . outlawry.
ecutors, or notaries be
not found, that the exigent shall run
against them by due process, and that
writs shall go forth to take their bodies
in what parts they be found, as well
at the king's suit as at the suit of the
party, and that in the mean time the
king shall have the profits . ..
of such benefices so occu- shall have in-
pied by such provisors, termediate
except abbeys, priories, pr0
and other houses, which have colleges
or convents ; and in such houses the
colleges and convents shall have the
profits ; saving always to our lord the
king, and to all other lords, their old
right, and this statute shall have place
as well of reservations, Commence-
collations, and provisions ment of this
made and granted in times ««'^s,atute-
past against all them which have not
yet obtained corporal possession of the
benefices granted to them by the said
reservations, collations, and provisions,

Appendix.]

AND OTHER RECORDS.

eii

as against all other in time to come ;
and this statute oweth to hold place
and to begin at the said Utas."
Our lord the king that now is, of
the assent of the great
For all bene- . , . J 7 ? .
Aces void after men of his realm, being
a certain day, {n this present parliament,
statuteshaii hath ordained and esta
te put in exe- blished, that for all arch
bishoprics, bishoprics, and
other dignities and benefices elective,
and all other benefices of Holy Church
which (shall begin) to be void in deed
the twenty-ninth day of January, the
thirteenth year of the reign of our
lord King Richard that now is, or
after, or which shall be void in time to
come within the realm of England,
the said statute made the same twenty-
tiftk year shall be firmly holden for
ever, and put into due execution from
lime to time in all manner of points ;
AND IF ANT DO ACCEPT OF A BENE
FICE OE HOLY CHURCH
If any do ac- _
ceptofabene- CONTRARY TO THIS STA-
fice contrary TUTE, AND THAT DULY
to the statute, _
he shall he PROVED, AND BE BEYOND
banished the THE sea, HE SHALL ABIDE
EXILED AND BANISHED
OUT OF THE REALM FOR EVER, HIS
LANDS AND TENEMENTS, GOODS AND
CHATTELS SHALL BE FORFEIT TO THE
KING ; AND IF HE BE WITHIN THE
REALM, HE SHALL BE ALSO EXILED
AND BANISHED AS AFORE IS SAID, AND
SHALL INCUR THE SAME FORFEITURE,
AND TAKE HIS WAY, SO THAT HE
BE OUT OF THE REALM WITHIN SIX
WEEKS NEXT AFTER SUCH ACCEPTA
TION ; AND IF ANY RECEIVE SUCH PER-
. . , „. SON BANISHED COMING
And also the _ .
receivers, pro- FROM BEYOND THE SEA,
curators, &c. OB BEING WITHIN THE
of offenders. „  „ „ . „,
REALM AFTER THE SAID
SIX WEEKS, KNOWING THEREOF, HE
SHALL BE ALSO EXILED AND BANISH
ED, AND INCUR SUCH FORFEITURE AS
AFORE IS SAID ; AND THAT THEIR PRO
CURATORS, NOTARIES, EXECUTORS,
AND SUMMONERS HAVE THE PAIN AND
forfeiture aforesaid. Provided
nevertheless, that all they
beneflcJs'void, to whom (the Pope of
and inducted Rome) or his predeces-
day named?6 sors ^ave provided any
archbishopric, bishopric,

or any other dignity, or other bene
fices of Holy Church, in respect of
any voidance before the said 29th
day of January, and therefore were
in actual possession before the same
29th day, shall have and enjoy the
said archbishoprics, bishoprics, dig
nities and other benefices peaceably
for their lives, notwithstanding the
statutes and (ordinances) aforesaid.
And if the king send by Thepenaltvo(
letter or in other manner suing to the
to the Court of Rome, at g™l°£e°Z
the entreaty of any per- purport of this
son, or if any other send stalute-
or sue to the same court, whereby any
thing is done contrary to this statute,
touching any archbishopric, bishopric,
dignity, or other benefice of Holy
Church within the said realm, if he
that maheth such motion or suit be a
prelate of Holy Church, he shall pay to
the king the value of his temporalities
of one year ; and if he be a temporal
lord, he shall pay to the king the va
lue of his lands and possessions not
moveable of one year ; and if he be
another person of a more mean estate,
he shall pay to the king the value of
the benefice for which suit is made,
and shall be imprisoned one year.
And it is the intent of this statute, that
of all dignities and bene- .
fices of Holy Church, beneflleVvoid
which were void indeed pn, butcol-
the said 29th day of Jan- the day
vary, which be given, or named, but
* r\ -\ ¦* ¦ j j not after.
to (whom) it is provided
by (the Pope of Rome) before the
same 29th day, that they to whom such
gifts or provisions be made, may
freely of such gifts and provisions
sue execution without offence of
this statute : provided always, that of
no dignity or benefice which was full
the said 29th day of January, no man
because of any collation, gift, reserva
tion, and provision, or other grace
papal, not executed before the said
29th day, shall not sue thereof execu
tion, upon the pains and forfeitures
contained in this present statue.
Item, It is ordained and established,
that if any man bring or m.
send within the realm, or Penalty for
., i- , bringing or
the kings power, any sending of

R R 2

612

ANGLO-SAXON DOOMS

[A

PPENDIX.

summons or summons, sentences, or ex-
excommuni- communication against
cation against j. , *?
any for en- any person of what con-
forcing the dition that he be, for the
recited statute ~ , .. .- \
of provisors. cause of (making motion)
assent or execution of the
said statute of provisors, he shall be
taken, arrested, and put in prison, and
forfeit all his lands and tenements,
goods and chattels for ever, and incur
the pain of life and of member. And
if any prelate make execution of such
summons, sentences, or excommunica
tions, that his temporalities be taken
and abide in the king's hands till due
redress and correction be thereof
made. And if any person of less
estate than a prelate, of what condi
tion that he be, make such execution, he
shall be taken, arrested, and put in
prison, and have imprisonment, and
make fine and ransom by the discretion
of the king's council.
The king to the sheriff of Kent,
greeting. We command you, firmly
enjoining, that certain statutes and
ordinances by us, with the assent of
the nobles and commonalty of our
realm of England, in our last par
liament holden at Westminster, made,
which we send you under our great
seal in form patent, within your
county, in places where it may be most
expedient, without delay you do cause
to be read and publicly on our behalf
to be proclaimed, and to be firmly kept
and observed, according to the form of
the statutes and ordinances aforesaid ;
and this on the peril awaiting in no
wise omit. Witness the King at
Westminster the fifteenth day of May.
Like writs are directed to the seve
ral sheriffs throughout England.

16° RIC. II., c. 4, 5.
-Item, Whereas the Commons of the
V. realm in this present par-
?ecilal £!lat liament have showed to
recover pre- our redoubted lord the
sentations to king, grievously complain-
toking's15 in inS> that whereas the said
court, a'nd our lord the king, and all
that the exe- n;s liege people, ought of
cution thereof . , , a / f, ' . &
is by the right, and old time were
bishops. wont to sue in the king's
court, to recover their presentments to

churches, prebends, and other benefices
of Holy Church, to which they had right
to present, the cognisance of plea of
which (presentment) belongeth only to
the king's court of the old right of liis
crown, used and approved in the time of
all his progenitors, kings of England ;
and when judgment shall be given in
the same court upon such a plea and
(presentment) the archbishops, bishops,
and other spiritual persons which have
institution of such benefices wilhin their
jurisdiction, be bound, and have made
execution of such judgments by the
king's commandments of all the time
aforesaid without interruption, for an
other lay-person (cannot) make such
execution, and also be bound of right to
make execution of many other of the
king's commandments, of which right
the crown of England hath been peace
ably seised, as well in the time of our
said lord the king that now is, as in the
time of all his progenitors till this day :
but now of late divers processes be
made by the (Bishop of TnattheP
Home) and censures of ex- had awarded
communication upon cer- processes and
tain bishops of England, excommuni-
because they have made cation against
execution of such com- £fe7eSj™f
mandments, to the open judgments
disherisonof the said crown, pyen in the
and destruction of our andf,ropSsUed'
said lord the king, his law, to translate
and all his realm, if remedy $J*£U£.
be not provided. And also or from one ,
it is said, and a common living to an-
clamour is made, that the
said (Bishop of Rome) hath ordained
and purposed to translate some prelates
of the same realm, some out of the
realm, and some from one bishopric
into another within the same realm,
without the king's assent and knowledge,
and without the assent of the prelates,
which so shall be translated, which pre
lates be much profitable and necessary
to our said lord the king, and to all his
realm ; by which translations, if they
should be suffered, the statutes of the
realm should be defeated and made void;
and his said liege sages of his council,
without his assent, and against his will,
carried away and gotten out of his realm,
and the substance and treasure of the
realm shall be carried away, and so the
realm destitute as well of council as of
substance, to the final destruction of the
same realm ; and so the crown of

Appendix.]

AND OTHER RECORDS.

613

ENGLAND, WHICH HATH
Sere^roTto BEEN so FREE at all times,
the freedom of that it (hath been in no
the Crown of EAltTHLY subjection), but
England. •"
immediately subject to
god in all things touching the re
gality op the same crown, and to
none other, should be submitted to
the pope, and the laws and statutes
of the realm: by him defeated and
avoided at his will, in the perpetual
destruction of the sovereignty of the
king our lord, his crown, his re-
gality, and of all his realm, which
rt,. . god defend. And more-
The promise , „
of the Com- over, the commons aiore-
mous to assist said say, that the said things
defenc^onhe so .attempted be clearly
liberties of his against the king's crown
crown. arJ(j his regality, used and
approved of the time of all his progeni
tors ; whereof they and all the liege
commons of the same realm will stand
with our said lord the king, and his said
crown, and his regality, in the cases
aforesaid, and in all other cases attempted
against him, his crown, and his regality
in all points, to live and to die; and
moreover they pray the king, and him
require by way of justice, that he would
examine all the lords in the parliament,
as well spiritual as temporal severally,
and all the states of the parliament, how
they think of the cases aforesaid ; which
be so openly against the king's crown,
and in derogation of his regality ; and
how they will stand in the same cases
with our lord the king, in upholding
the rights of the said crown and regality
The like pro- Whereupon the lords fem
inise of the poral so demanded, have
Lords Tem- answered every one by
1 himself, that the cases afore
said be clearly in derogation of the
king's crown, and of his regality, as it
is well known, and hath been of a long
time known, and that they will (be)
with the same crown and regality in these
cases specially, and in all other cases
which shall be attempted against the
same crown and regality in all points
with all their power. And moreover it
The promise was demanded of the lords
of the Lords spiritual there being, and
Spiritual pre. procurators of others being
absent, their advice and will
in all these cases ; which lords, that is to
¦say, the archbishops, bishops, and other
prelates, being in the said parliament
Severally examined, making protestations, R K

that it is not in their mind to (deny) nor
affirm, that (the Bishop of Rome) may not
excommunicate bishops, nor that he may
male translation of prelates after the law
of Holy Church, answered and said, That
if any executions of processes made in the
king's court, as before, be made by any, and
censures of excommunications (to be) made
against any bishops of England, or any
other of the king's liege people, for that
they have made execution of such com
mandments, and that if any executions of
such translations be made of any prelates
of the same realm, which (prelates) be very
profitable and necessary to our said lord
the king, and to his said realm, or that
(the suge people) of his council, without
his assent, and against his will, be re
moved and carried old of the realm, so that
the substance and treasure of the realm
may be consumed, that the same is against
the king and his crown, as it is contained
in the petition before named. And like
wise the same procurators, . . - ..
every one by himself ex- proctors of the
amined upon the said mat- Lords Spi-
ters, have answered and said rltual absent-
in the name, and for their lords, as the
said bishops have said and answered, and
that the said lords spiritual will and ought
to (be) with the king in these cases (in
lawfully maintaining ) of his crown, and
in all other cases touching his crown and
his regality, as they be bound by their
ligeance. Whereupon our said lord the
king, by the assent aforesaid, and at the
request of his said Commons, hath or
dained and established, That if any pur
chase or pursue, or cause
to be purchased or pursued £"£ "*
in the Court of Rome or translations,
elsewhere, (by any) such bulls, or any
other mstrii-
translations, processes, and ments from
sentences of excommunica- Rome or else-
tions, bulls, instruments, or w ere"
any other things whatsoever which touch
the king against Mm, his crown, and
his regality, or his realm as is aforesaid,
and they which bring within the realm,
or them receive or make thereof notifica
tion or any other execution whatso
ever within the same realm or without,
that they, their notaries, procurators,
maintainers, abettors, fautors, and coun
sellors shall be put out of the king's
protection, and their lands and tene
ments, goods, and chattels, forfeit to our
lord the king ; and that they be attached
by their bodies, if they may be found,
and brought before the king and his
3

614

ANGLO-SAXON DOOMS

[Ap

council, there to answer to the cases
aforesaid, or that process be made against
them by praemunire facias in manner
as it is ordained in other statutes'of pro
visors, and other which do sue (in any
other court) in derogation of the re
gality of our lord the king.

1st HENRY 5., c 6, 7., a.u. 1413.
Item, Whereas in the parliament holden
at Westminster, in the time
Ordinance of King Richard the Se-
13 Ric. II., re- cond, the thirteenth year
straining 0f his reign, it was or-
ahens frutn the , . , ,, . v
holding of be- dained, that none alien
nefices in Frenchman should have or
firmed"4 C0"" enJ°y any benefice in this
realm for certain (cause),
which might come or happen, but that
they should be delivered and voided (for
ever) out of the realm before a certain
time in the said ordinance limit, as in
the same is plainly contained, and that
at what time that any priories aliens
conventual, or any other benefice or
office due by the king's title, (do void)
by the departing or death of the said
priors and other occupiers, that then
there should be during the wars, honest
English persons put in their place to
(accomplish the) divine service, and
none of the enemies aforesaid ; and not
withstanding the said ordinance, the
said aliens Frenchmen, by evil imagin
ation and brocage to continue the evil
mischiefs of the said ordinance, pur
chase the king's letters patents to be
denizens and the king's liege people,
and swear the same to continue, to the
intent to occupy and enjoy the said
benefices, and so yet occupy many bene
fices against the said ordinance, whereby
(these) aliens Frenchmen be increased,
in destruction of the king's liege people,
and bear away out of the realm great
treasure of (the king's and of the
realm's); and the king's council dis
close to the (enemies of France), to the
great damage of the king and his realm :
our sovereign lord the king considering
the said mischiefs, will that the said or
dinances be firmly holden and kept, and
put in due execution, except the priors
aliens conventual, and also all other
priors which have institution and induc
tion, so that they be Catholic, and that
they shall not find surety not to disclose

nor cause to be disclosed the counsel
nor the secrets of the realm.

24th HENRY VIII., c. 12 , a.d. 1532.
FOR THE RESTRAINT OF APPEALS.
Where by divers sundry old authentic
histories and chronicles, it xhe pre-
is manifestly declared and eminence,
expressed, that this realm ITrUy^the"
of England is an empire, King of Eng-
and so hath been accepted land-
in the world, governed by one supreme
head and king, having the dignity and
royal estate of the imperial crown of the
same, unto whom a body politic, com
pact of all sorts and degrees of people,
divided in terms, and by names of spi
rituality and temporality, been bounden
and owen to bear, next to God, a na
tural and humble obedience, he being
also instituted and furnished, by the
goodness and sufferance of Almighty
God, with plenary, whole, and entire
power, pre-eminence, authority, prero
gative, and jurisdiction, to render and
yield justice, and final determination to
all manner of folk, resiants, or subjects
within this his realm, in all causes, mat
ters, debates, and contentions happening
to occur, insurge, or begin within the
limits thereof, without restraint or pro
vocation to any foreign princes or poten
tates of the world, the body spiritual
whereof having power, when The powerj
any cause of the law divine learning, and
happened to come in ones- wisdom of the
.. P . • , i , body spiritual.
tion, or of spiritual learn
ing, then it was declared, interpreted,
and shewed by that part of the said
body politic, called the spirituality, now
being usually called the English Church,
which always hath been reputed, and
also found of that sort, that both for
knowledge, and integrity, and sufficiency
of number, it hath been always thought,
and is also at this hour, sufficient and
meet of itself, without the intermeddling
of any exterior person or persons, to de
clare and determine all such doubts, and
to administer all such offices and duties,
as to their rooms spiritual doth apper
tain, for the due administration whereof,
and to keep them from corruption and
sinister affection, the king's most noble
progenitors, and the antecessors of the
nobles of this realm, have sufficiently
endowed the said Church both with

Appendix.]

AND OTHER RECORDS.

615

honour and possessions : and the laws
t, s.. -<¦ temporal, for trial of pro-
Power, &c, of r ' «*
the tempo- perty ot lands and goods,
'a"V' and for the conservation of
the people of this realm in unity and
peace, without rapine or spoil, was and
yet is administered, adjudged, and exe
cuted by sundry judges and ministers of
the other part of the said body politic,
called the temporalty ; and both their
authority and jurisdictions do conjoin to
gether in the administration of justice,
the one to help the other.
And whereas the king, his most noble
Laws and pro- progenitors, and the no-
visions by for- bility and commons of this
£h£dT«d said realm' at divers and
III., Richard sundry parliaments, as well
Il-and in the time of King Ed-
agahist intra- ward the First> Edward
sionsofthe the Third, Richard the
See of Rome. Seconu> Henry the Fourth,
and other noble kings of this realm,
made sundry ordinances, lawsr statutes,
and provisions for the entire and sure
conservation of the prerogatives, li
berties, and pre-eminence of the said
imperial crown of this realm, and of
the jurisdiction spiritual and temporal
of the same, to keep it from the annoy
ance as well of the see of Rome, as
from the authority of other foreign po
tentates, attempting the diminution or
violation thereof as often and from time
to time as any such annoyance or
attempt might be known or espied : and
notwithstanding the said good statutes
Appeals to an(l ordinances made in the
Rome, and the time of the king's most
evils thereof. noble pr0genitorS) in pre_
servation of the authority and preroga
tive of the said imperial crown, as is
aforesaid ; yet, nevertheless, sithen the
making of the said good statutes and
ordinances, divers and sundry incon
veniences and dangers not provided for
plainly by the said former acts, statutes,
and ordinances have arisen and sprung
by reason of appeals sued out of this
realm to the see of Rome, in causes
testamentary, cause of matrimony and
divorces, right of tithes, oblations, and
obventions, not only to the great in-
quietation, vexation, trouble, cost and
charges of the king's highness, and
many of his subjects and resiants of this
his realm, but also to the great delay
and let to the true and speedy determi
nation of the said causes, for so much
as the parties appealing to the said

R R

Court of Rome most commonly do the
same for the delay of justice. And for
asmuch as the great distance of way is
so far out of this realm, so that the
necessary proofs, nor the true knowledge
of the cause, can neither there be so
well known ne the witnesses there so
well examined, as within this realm, so
that the parties grieved by means of
the said appeals be most times without
remedy. In consideration whereof the
king's highness, his nobles and com
mons, considering the great enormities,
dangers, long delays, and hurts, that as
well to his highness as to his said
nobles, subjects, commons, and resiants
of this his realm in the said causes
testamentary, causes of matrimony
and divorces, tithes, oblations, and
obventions do daily ensue, doth
thereof by his royal assent and by
the assent of the lords All testa-
spiritual and temporal, and mentary and
the commons in this pre- ^""and'alf
sent parliament assembled, suits for tithes,
and by authority of the *a'i'bead&°''
same, enact, establish, and judged by the
ordain that all causes tes- King's Courts,
tamentary, causes of matri- fS'^1"*
mony and divorces, rights without re-
of tithes, oblations, and ob- 8JJ^ a"y
ventions (the knowledge foreign juris-
whereof by the goodness of diction, or any
princes of this realm, and i^^if
by the laws and customs of tion, or infer
tile same, appertaineth to dict> &c-
the spiritual jurisdiction of this realm),
already commenced, moving, depending,
being, happening or hereafter coming
in contention, debate, or question within
this realm, or within any the king's
dominions or marches of the same or
elsewhere, whether they concern the
king our sovereign, his heirs and suc
cessors, or any other subject or resiants
within the same, of what degree soever
they be, shall be from henceforth heard,
examined, discussed clearly, finally, and
definitively adjudged and determined
within the king's jurisdiction and au
thority, and not elsewhere, in such
courts spiritual and temporal of the
same, as the natures, conditions, and
qualities of the cases and matters afore
said in contention, or hereafter happen
ing in contention shall require, without
havini any respect to any custom, use,
or sufferance, in hinderance, let, or pre
judice of the same, or to any other thing
used or suffered to the contrary thereof
4

616

ANGLO-SAXON DOOMS

[Ap

by any other manner of person or per
sons in any manner or wise, any foreign
inhibitions, appeals, sentences, summons,
citations, suspensions, interdictions, ex
communications, restraints, judgments,
or any other process or impediments of
what natures, names, qualities, or con
ditions soever they be, from the see of
Rome or any other foreign courts or
potentates of the world, or from out of
this realm, or any other the king's do
minions or inarches of the same, to the
see of Rome, or to any other foreign
courts or potentates, to the let or im
pediment thereof in any wise notwith
standing. And that it shall be lawful
to the king our sovereign lord, and to
his heirs and successors, and to all other
subjects or resiants within this realm,
or within any of the king's dominions
or marches of the same, notwithstanding
that hereafter it should happen any ex-
commengement, excommunications, in
terdictions, citations, or any other cen
sures or foreign process out of any
outward parts, to be fulminate, pro-
mulged, declared, or put in execution
within this said realm, or in any other
place or places, for any of the causes
before rehearsed, in prejudice, deroga
tion, or contempt of this said act, and
the very true meaning and execution
thereof, may and shall nevertheless as
well pursue, execute, have, and enjoy
the effects, profits, benefits, and com
modities of all such processes, sentences,
judgments, and determinations done, or
hereafter to be done, in any of the said
courts, spiritual or temporal, as the
cases shall require, within the limits,
power, and authority of this the king's
said realm, and dominions and marches
of the same, and those only, and none
other to take place, and to be firmly
observed and obeyed within the same.
As also, that all spiritual prelates, pas
tors, ministers, and curates
dergay?halld within tllis realm> and the
administer the dominion of the same, shall
sacraments anc] may uge minister, ex-
and service of J , ,
the Church, ecute, and do, or cause to
notwithstand- be used, executed, minis-
dic8tsS,"£.:noT tered, and done all sacra-
penalty of one ments, sacramentals, divine
year's nnpri- services, and all other
sonment. , . ... , . ,
things within the said
realm and dominions, unto all the sub
jects of the same, as Catholic and Chris
tian men owen to do, any former cita
tions, processes, inhibitions, suspensions,

interdictions, excommunications, or ap
peals, for as touching the causes afore
said, from or to the see of Rome, or
any other foreign prince or foreign
courts, to the let or contrary thereof in
any wise notwithstanding. And if any
of the said spiritual persons, by the
occasion of the said fulminations of any
of the same interdictions, censures, in
hibitions, excommunications, appeals,
suspensions, summons, or other foreign
citations for the causes before-said, or
for any of them, do at any time here
after refuse to minister, or cause to be
ministered, the said sacraments and
sacramentals, and other divine services,
in form as is aforesaid, they shall for every
such time or times that they or any of
them do refuse so to do, or cause to be
done, have one year's imprisonment,
and make fine and ransom at the king's
pleasure. And it is further enacted by the au
thority aforesaid, that if any
person or persons inhabit- Persons pro-
ing or resiant within this curing process,
realm, or within any of the l^ce^&T'
king's said dominions, or from or to 'the
marches of the same, or any See of Rome,
,, c shall incur the
other person or persons, of pena]ties of
what estate, condition, or praemunire,
degree soever he or they "g^^lTc^
be, at any time hereafter,
for or in any the causes aforesaid, do
attempt, move, purchase, or procure,
from or to the see of Rome, or from or
to any other foreign court or courts out
of this realm, any manner of foreign
process, inhibitions, appeals, sentences,
summon5, citations, suspensions, inter
dictions, excommunications, restraints,
or judgments, of what nature, kind, or
quality soever they may be, or execute,
any of the same process, or do any act
or acts to the let,- impediment, hindrance,
or derogation of any process, sentence,
judgment, or determination had, made,
done, or hereafter to be had, done, or
made, in any courts of this realm, or the
king's said dominions or marches of the
same, for any of the causes aforesaid,
contrary to the true meaning of this
present act, and the execution of the
same, that then every such person or
persons so doing, and their fautors, com
forters, abettors, procurors, executors,
and counsellors, and every of them, being
convict of the same, for every such de
fault shall incur and run in the same
pains, penalties, and forfeitures, ordained

Appendix.]

AND OTHER RECORDS.

617

and provided by the Statute of Provision
and Pramunire, made in the sixteenth
year of the reign of the right noble prince
King Richard the Second, against such
as shall attempt, procure, or make pro
vision to the See of Rome,- or elsewhere,
for any thing or things to the derogation,
or contrary to the prerogative or juris
diction of the crown, and dignity of this
realm. And furthermore, in eschewing the
said great enormities, in-
Appeals'here- quietations, delays, charges,
after shall be and expences hereafter to
made within j,e sustained in pursuing
the realm, viz. . L „ . °
from archdea- such appeals, ana toreign
cons to the process, for and concerning
bis ops, tjle causes aforesaid, or any
of them, do therefore, by authority
aforesaid, ordain and enact, that in such
cases where heretofore any of the king's
subjects or resiants have used to pursue,
provoke, or procure any appeal to the
see of Rome, and in all other cases of
appeals, in or for any of the causes afore
said, they may and shall from henceforth
take, have, and use their appeals within
this realm, and not elsewhere, in manner
and form as hereafter ensueth, and not
otherwise ; that is to say, first from the
archdeacon, or his official, if the matter
or cause be there begun, to the bishop
diocesan of the said see, if in case any of
the parties be grieved. And in like
From the w'se 'f i' *>e commenced
bishops to before the bishop diocesan,
archbishops, or Ms commissaryi from the
bishop diocesan or his commissary, with
in fifteen days next ensuing the judgment
or sentence thereof there given, to the
archbishop of the province of Canter
bury, if it he within his province ; and,
if it be within the province of York,
then to the Archbishop of York ; and
so likewise to all other archbishops in
other the king's dominions, as the case
by order of justice shall require ; and
there to be definitively and finally or
dered, decreed, and adjudged, according
to justice, without any other appellation
or provocation to any other person or
From arch- persons, court or courts.
deacons to the And if the matter or con-
aVd thenc^to' tendon for any of the causes
the arch- aforesaid be or shall be
bishop. commenced, by any of the
king's subjects or resiants, before the
archdeacon of any archbishop, or his
commissary, then the party grieved shall
pr may take his appeal within fifteen

days next after judgment or sentence
there given, to the Court of Arches or
Audiences, within fifteen days then next
ensuing after judgment or sentence there
given, to the archbishop of the same
province, there to be definitively and
finally determined, without any other or
further process or appeal thereupon to
be had or sued.
.And it is further enacted, by the
autnority aforesaid, that all IV
and every matter, cause, No appeal
and contention now de- from arch-
pending, or that hereafter ! ops"
shall be commenced by any of the king's
subjects or resiants, for any of the
causes aforesaid, before any of the said
archbishops, that then the said matter or
matters, contention or contentions, shall
be before the same archbishop where the
said matter, cause, or process shall be
so commenced, definitively determined,
decreed or adjudged, without any other
appeal, provocation, or any other foreign
process out of this realm, to be sued to
the let or derogation of the said judg
ment, sentence, or decree, otherwise than
is by this act limited and appointed ;
saving always the preroga- _ .
c a uu* u j Sav"iK for the
tive ot the archbishop and Prerogatives of
church of Canterbury, in Archbishop of
in all the foresaid causes of CanterbuiT-
appeals, to him and to his successors, to
be sued within this realm, in such and
likewise as they have been accustomed
and used to have hereto- Appeals in
fore. And in case any cases touching
cause, matter, or contention the king, shall
j , . c A , be made to tn e
now depending for the Upper House
causes before rehearsed, or ofConvoca-
any of them, or that here- n"
after shall come in contention for any
of the same causes, in any of the fore
said courts, which hath, doth, shall
or may touch the king, his heirs or suc
cessors, kings of this realm; that in all
and every such cases the party grieved,
as before is said, shall or may appeal
from any of the said courts of this"
realm, where the said matter, now being
in contention, or hereafter shall come in
contention touching the king, his heirs
or successors (as aforesaid.) shall happen
to be ventilate, commenced, or begun,"to
the spiritual prelates and other abbots
and priors of the upper house, assembled
and convocate by the king's writ in the
convocation being, or next ensuing,
within the province or provinces where
the same matter of contention is or^

618

ANGLO-SAXON DOOMS

[Appendix.

shall be begun ; so that every such
appeal be taken by the party grieved
within fifteen days next after the judg
ment or sentence thereupon given or to
be given ; and that whatsoever be done,
or shall be done and affirmed, deter
mined, decreed, and adjudged by the
foresaid prelates, abbots, and priors of
the upper house of the said convocation,
as is aforesaid, appertaining, concerning,
or belonging to the king, his heirs and
successors, in any of these foresaid
causes of appeals, shall stand and be
taken for a final decree, sentence, judg
ment, definition, and determination, and
the same matter, so determined, never
after to come in question and debate, to
be examined in any other court or
_ courts. And if it shall
Persons au- ,
pealing con- happen any person or per-
trary to this sons hereafter to pursue or
penaSo/"1 P™™ke any appeal con-
praemunire trary to the effect of this
under stat. 16 act; or refase to obey, exe
cute, and observe all things
comprised within the same, concerning
the said appeals, provocations, and other
foreign process to be sued out of this
realm, for any the causes aforesaid, that
then every such person For persons so
doing, refusing, or offending contrary to
the true meaning of this act, their pro
curers, fautors, advocates, counsellors,
and abettors, and every of them, shall
incur into the pains, forfeitures, and
penalties ordained and provided in the
said statute made in the said sixteenth
year of King Richard the Second, and
with like process to be made against the
said offenders, as in the same statute
made in the said sixteenth year more
plainly appeareth.

25 HEN. VII., a.d. 1533-4.
Chapter XTX.
An Act for the submission of the Clergy
to the King's Majesty.
Where the king's humble and obe-
Acknowledg- dient subjects the clergy
ment and peti- 0f this realm of England,
tion by the , , ,
clergywith nave not 0IUV acknow-
respect to ec- ledged according to the
conSls, tr«th that the convocation
&c, and the of the same clergy is,
ofthem3"™ always hath been> and
ought to be assembled only
by the king's writ, but also submitting

themselves to the king's majesty, have
promised in verbo sacerdocii that they
will never from henceforth presume to
attempt, allege, claim, or put in ure, or
enacts promulge, or execute any new
canons, constitutions, ordinances, pro
vincial, or other, or by whatsoever other
name they shall be called in the convo
cation, only the king's most royal assent
and licence may to them be had, to
make, promulg, and execute the same,
and that his majesty do give his most
royal assent and authority in that be
half: and where divers constitutions,
ordinances, and canons, provincial or
synodal, which heretofore have been
enacted, and be thought not only to be
much prejudicial to the king's preroga
tive royal, and repugnant to the laws
and statutes of this realm, but also over
much onerous to his majesty and his
subjects, the said clergy hath most
humbly besought the king's highness
that the said constitutions and canons
may be committed to the examination
and judgment of his highness, and of
two-and-thirty persons of the king's
subjects, whereof sixteen to be cf the
upper and nether house of parliament of
the temporalty, and the other sixteen to
be of the clergy of this realm, and all
the said two-and-thirty persons to be
chosen and appointed by the king's ma
jesty, and that such of the said constitu
tions and canons as shall be thought and
determined by the said two-and-thirty
persons, the more part of them, worthy
to be abrogated and adnulled, shall be
abolite and made of no value accordingly,
and such other of the same constitutions
and canons as by the said two-and-
thirty, or the more part of them, shall
be approved to stand with the laws of
God, and consonant to the laws of this
realm, shall stand in their full strength
and power, the king's most royal assent
first had and obtained to the same : be
it therefore now enacted, ~.
by authority of this p*e- sha!l notmake
sent parliament, according any constitu-
to the said submission and ^3*
petition of the said clergy, with the
that they ne any of them ki"8's assent,
from henceforth shall pre- C'
sume to attempt, allege, claim, or
put in ure any constitutions or ordi
nances, provincial or synodal, or any
other canons, nor shall enact, promulge,
or execute any such canons, constitu
tions, or ordinances provincial, by what-

Appendix.]

AND OTHER RECORDS.

619

soever name or names they may be
called in their convocations in time
coming, which alway shall be assembled
by authority of the king's writ unless
the same ciergy may have the king's
most royal assent and licence to make,
promxilge, and execute such canons,
constitutions, and ordinances, provincial
On penalty of °r synodal, upon pain of
fine and impri- every one of the said clergy
sonment. doing contrary to this act,
and being thereof convict, to suffer impri
sonment and make fine at the king's will.
And forasmuch as such canons, con-
U# stitutions, and ordinances
The king may as heretofore hath been
SSSLSK made by the cler*y of this
examine for- realm, cannot now, at the
mer canons, session of this present par-
&c, to approve ,- . , r , .
or repeal them 1'ament, l)y reason of short-
with the ness of time, be viewed and
king^s assent. examme(j an(J determined
by the king's highness and thirty-two
persons to be chosen and appointed ac
cording to the petition of the said clergy
in form above rehearsed : be it therefore
enacted, by authority aforesaid, that the
king's highness shall have power and
authority to nominate and assign at his
pleasure the said two-and-thirty persons
of his subjects, whereof sixteen to be of
the clergy, and sixteen to be of the tem
poralty of the upper and nether house
of the parliament ; and if any of the
said two-and-thirty persons so chosen
shall happen to die before their full de
termination, then his highness to nomi
nate other from time to time of the said
two houses of parliament, to supply the
number of the said two-and-thirty ; and
that the same two-and-thirty by his
highness so to be named, shall have
power and authority to view, search,
and examine the said canons, constitu
tions, and ordinances, provincial and
synodal, heretofore made, and such of
them as the king's highness and the said
two-and-thirty, or the more part of
them, shall deem and adjudge worthy
to be continued, kept, and obeyed, shall
be from thenceforth kept, obeyed, and
executed within this realm, so that the
king's most royal assent under his great
seal be first had to the same ; and the
residue of the said canons, constitutions,
Cor) ordinance provincial, which the
king's highness and the said two-and-
thirty persons, or the more part of them,
shall not approve, or deem and judge
worthy to be abolite, abrogate, and

made frustrate, shall from thenceforth
be void and of none effect, and never be
put in execution within this realm.
Provided alway, that no canons, con
stitutions, or ordinances „.
shall be made or put in Nocanoiis.&c
execution within this realm sha11 De ™-
i. .l •. r ^1 forced con-
by authority of the convo- trary t0 the
cation of the clergy, which king's prero-
shall be contrarient or re- 6ative-
pugnant to the king's prerogative royal,
or the customs, laws, or statutes of this
realm ; any thing contained in this act
to the contrary hereof notwithstanding.
And be it further enacted, by authority
aforesaid, that from the ,„
feast of Easter, which shall No appeals to
be in the year of our Lord Ror"e, or
p„j ,...  - otherwise than
God 1534, no manner of according to
appeals shall be had, pro- stat. 24 Hen.
voked, or made out of this VI11- c- 12'
realm, or out of the king's dominions,
to the Bishop of Rome, nor to the see
of Rome, in any causes or matters hap
pening to be in contention, and having
their commencement and beginning in
any of the (courts) within this realm, or
within any of the king's dominions, of
what nature, condition, or quality soever
they be of; but that all manner of ap
peals, of what nature or condition soever
they be of, or what cause or matter so
ever they concern, shall be made and
had by the parties grieved, or having
cause of appeal, after such manner, form,
and condition as is limited for appeals,
to be had and prosecuted within this
realm in causes of matrimony, tithes,
oblations, and obventions, by a statute
thereof made and established sythen the
beginning of this present parliament,
and according to the form and effect of
the said statute, any usage, custom, pre
scription, or any thing or things to the
contrary hereof notwithstanding ; and
for lack of justice at or in
any of the courts of the archbishopT
archbishops of this realm, court to the
or in any the king's do- £"£»¦£&?*
minions, it shall be lawful mined by com-
to the parties grieved to missionersto
i . +. i • , be appointed
appeal to the king s ma- Dy tn^ king
jesty in the king's court of
Chancery, and that upon every such
appeal a commission shall be directed
under the great seal to such persons as
shall be named by the king's highness,
his heirs or successors, like as in case of
appeal from the Admiral's Court, to hear
and definitively determine such appeal

620

ANGLO-SAXON DOOMS

[Appendix.

and the causes concerning the same,
which commissioners so by the king's
highness, his heirs or successors, to be
named or appointed, shall have full
power and authority to hear and de
finitively determine every such appeal
with the causes and all circumstances
concerning the same ; and that such
judgment and sentence as the said com
missioners shall make, and decree in and
(upon) any such appeal shall be good
and effectual, and also definitive, and no
further appeals to be had or made from
the said commissioners for the same.
And if any person or persons, at any
Y time after the said feast of
Penalty on Easter, provoke or sue any
suing appeals. manner of appeals, of what
to Rome, Sec, t l*\. .
praemunire as nature or condition soever
under the stat. they be of, to the said
16 Rich. II. Bishop of Rome or to the
See of Rome, or do procure
or execute any manner of process from
the See of Rome or by authority thereof,
to the derogation or let of the due exe
cution of this act or contrary to the
same, that then every such person so
doing, their aiders, counsellors, and abet
tors, shall incur and run into the dan
gers, pains, and penalties contained and
limited in the act of provision and prae
munire, made in the sixteenth year of
the king's most noble progenitor, King
Richard the Second, against such as sue
to the Court of Rome against the king's
crown and prerogative royal.
Provided always, that all manner of
provocations and appeals,
yi- hereafter to be had, made.
Appeals from , , ?. ,, . ,.
all places ex- or taken from the junsdic-
empt shall be tion of any abbots, nriors,
in^of^ °r heads and governors of
Rome. monasteries, abbeys, priors,
and other houses and places
exempt, in such cases as they are wont
or might afore the making of this act,
by reason of grants or liberties of such
places exempt, to have or make imme
diately any appeal or provocation to the
Bishop of Rome otherwise called Pope,
or to the See of Rome, that in all these
cases every person and persons having
cause of appeal or provocation, shall and
may take and make their appeals and
provocations immediately to the king's
majesty of this realm into the Court of
Chancery, in like manner and form as
they used afore to do to the See of Rome ;
which appeals and provocations so made
shall be difiuitively determined by au

thority of the king's commission in such
manner and form as in this act is above
mentioned ; so that no archbishop nor
bishop of this realm shall intermit or
meddle with any such appeals otherwise
or in other manner than they might
have done afore the making of this act ;
anything in this act to the contrary
thereof notwithstanding,
Provided also, that such canons, con
stitutions, ordinances, and
synods provincial being p^^J^.
already made, which be not nons, &c shall
contrarient nor repugnant remain in
4.11 . !. j force till re-
to the laws, statutes, and viewed.
customs of this realm nor
to the damage or hurt of the king's pre
rogative royal, shall now still be used
and executed as they were afore the
making of this act, till such time as they
be viewed, searched, or otherwise
ordered and determined by the said two-
and-thirty persons, or the more part of
them, according to the tenor, form, and
effect of this present act.

26 HEN. 8., c. I., a. u. 1534.
Chapter I,
An act containing the King's Highness
to be supreme head of the
Church of England, and The king
, .. ?. ' shall be re-
to have authority to re- puted supreme
form and redress all errors head of the
and heresies and abuses in glX^and
the same. shall correct
Albeit the King's Ma- all heresies
. . . ,, j • , ,f i, and offences.
jesty justly and rightfully
is and ought to be the supreme head
of the church of England, and so is re
cognised by the clergy of this realm in
their convocations ; yet nevertheless for
corroboration and confirmation thereof,
and for increase of virtue in Christ's
religion within this realm of England,
and to repress and extirp all errors, here
sies, and other enormities and abuses
heretofore used in the same, be it enacted
by authority of this present parliament,
that the king our sovereign lord, his
heirs, and successors, kings of this
realm, shall be taken, accepted, and re
puted the only supreme head in earth of
the Church of England, called Angli
cana Ecclesia, and shall have and enjoy
annexed and united to the imperial
crown of this realm, as well the title and
style thereof, as all honours, dignities,
pre-eminences, jurisdiction, privileges,

Appendix.]

AND OTHER RECORDS.

.621

authorities, immunities, profits, and
commodities to the said dignity of su
preme head of the same church belong-
in» and appertaining : and that our said
sovereign lord, his heirs and successors,
kinffs of this realm, shall have full
.power and authority from time to time
to visit, repress, redress, reform, order,
correct, restrain, and amend all such
errors, heresies, abuses, offences, con
tempts, and enormities whatsoever they
be, which by any manner, spiritual
authority, or jurisdiction, ought or may
lawfully be reformed, repressed, ordered,
redressed, corrected, restrained, or
amended, most to the pleasure of Al
mighty God, the increase of virtue in
Christ's religion, and for the conserva
tion of peace, unity, and tranquillity of
this realm ; any usage, custom, foreign
laws, foreign authority, prescription, or
any other thing or things to the contrary
hereof notwithstanding.

Stat. 28 HENRICI 8., c. 16.
a. u. 1 536.
A Provision for Dispensations and
Licences heretofore obtained from the
See of Home.
" Where the Bishop of Rome and his
predecessors, of his and their covetous
and ambitious minds, to the intent to
advance and enrich themselves and the
See of Rome, to the great impoverishing
of this realm of England, and other the
king's dominions, contrary to God's laws,
the laws and statutes of this realm, and
in derogation of the imperial crown of
this said realm, have hereto-
2 Holl. 451. fore wrongfuily pretended,
extorted, used, and exercised within the
same divers and many usurped powers,
jurisdictions, and authorities, during and
by the which time the said bishop and
his predecessors arrogantly and unjustly
have taken upon them, for great sums of
money, and other profits to them given,
to grant unto the king's subjects, and
other inhabitants within this realm and
other the king's dominions, many, divers,
and sundry authorities, immunities, fa
culties, privileges, licences, indulgences,
and pre-eminences, of divers kinds, na
tures, and qualities, which, although
they proceeded by an unjust and usurped
authority, have been, until now of late,
by the subjects of this realm, timorously
and ignorantly accepted, received, used,
and erroneously put in exercise and exe

cution ; the which usurped authority,
jurisdiction, and power, is now justly,
truly, and ought to be clearly and abso
lutely extinguished, extirped, and abo
lished, within this realm, and other the
king's dominions ; and forasmuch as all
and every such person and persons,
bodies politick and corporate, which
unlawfully, and without any manner of
authority or just ground, heretofore have
timorously and ignorantly accepted, re
ceived, used, and erroneously put in
execution, and exercised the said facul
ties, immunities, authorities, privileges,
licences, indulgences, and pre-eminences,
have now sincere, pure, and perfect
intelligence and knowledge of the said
usurped authority, jurisdiction, and
power ; and that the said faculties,
authoiities, privileges, licences, and in
dulgences, so as is aforesaid accepted,
received, used, and erroneously exercised,
were and been to all intents and pur
poses clearly void, frustrate, and of none
effect ; albeit, if they should be impeached
or interrupted of such privileges, liber
ties, pre-eminences, authorities, jurisdic
tions, profits, and other commodities,
which they now have, use, and exercise,
by colour of such vain and void licences,
dispensations, and faculties, it should be
to their intolerable inquietations and
utter undoing.
" Wherefore be it enacted by autho
rity of this present parlia-
ment, that all bulls, breves, ^^fr™.
faculties and dispensations, from the bi-
of what names, natures, or S>'°P °\ see of
,.L. ' , . e Rome to any
qualities soever they be of, subjects of this
heretofore had or obtained realm shall be
of the Bishop of Rome, or j^qh. 92.
any of his predecessors, or
by the authority of the See of Rome, by
or to any subjects, resiants, or bodies
politick or corporate, of or in this realm,
or of or in any other the king's do
minions, shall from henceforth be clearly
void and of no value, force, strength, nor
virtue ; and shall never hereafter be
used, admitted, allowed, pleaded or
alledged, in any places or courts of this
realm, or of any other the king's do
minions, upon the pains contained in the
Statute of Provision and Praemunire,
made in the sixteenth year of the reign of
King Richard the Second ; yet notwith
standing, at the most humble petition
and intercession of the lords spiritual and
temporal, and the commons, in this pre
sent parliament assembled, it may please

622

ANGLO-SAXON DOOMS

[A:

PPENDIX,

the king's majesty, of his most gracious
benignity, goodness, and blessed disposi
tion, that it may be enacted by autho
rity of this parliament, that all marriages
had and solemnized within this realm, or
in any other the king's do-
Aconfirmation mjnjons before the third
of former law- ' . ,,
ful marriages, day of November in the
twenty-sixth year of the
king's most gracious reign, whereof
there is no divorce or separation had by
the ecclesiastical laws of this realm, and
which marriages be not prohibited by
God's laws, limited and declared in the
act made in this present parliament for
the establishment of the king's succes
sion, or otherwise by Holy Scripture,
shall be by authority of this present
parliament, good, lawful, and effectual,
and shall be from the beginning of such
marriages reputed, esteemed, taken, ad
judged, received, approved and allowed,
by the authority of this present parlia
ment, to all and singular purposes,
effects, and intents, as good, as sufficient,
and as available, as though no impedi
ment of matrimony had ever been be
tween them that have contracted and
solemnized such marriages ; and that all
children procieated and to be procreated
in and under such marriages, shall be
lawful to all intents and purposes.
" III. And that it may also be en
acted by the authority of
A confirma- t^is present parliament,
tion of all , r. , .... ,
archbishops that all archbishops and
and hishops, bishops of this realm, or of
tS'and"" any the king's dominions,
other ecclesi- consecrated, and at this
andCordPersS°nS Present tin1e taken anu re
puted for archbishops and
bishops, may by authority of this present
parliament, and not by virtue of any
provision or other foreign authority,
licence, faculty, of dispensation, keep,
enjoy, and retain their archbishoprics
and bishoprics, in as large and ample a
manner, as if they had been promoted,
elected, confirmed, and consecrated ac
cording to the due course of the laws of
this realm ; and that every archbishop
and bishop of this realm, and of other
the king's dominions, may minister, use,
and exercise all and every thing and
things partaining to the office or order
of an archbishop and bishop, with all
tokens, ensigns, and ceremonies there
unto lawfully belonging.
" IV. And that all ecclesiastical per
sons of the king's realm and dominions,

which at this time be taken, had, and
reputed for abbots, priors, abbesses,
prioresses, and other heads of religion,
(which be not, neither shall be excluded
from their dignities by the late Act of
Suppression,) and the religious persons
living under their obedience, and all per
sons now taken and reputed as masters,
presidents, provosts, and wardens of ca
thedral churches and colleges, with the
companies and fellowships of the same,
all priests and clerks which have received
any of the ecclesiastical orders, all arch
deacons and deans, and other having
offices, cures, and dignities spiritual,
may by authority of this act, and not by
tbe virtue of any foreign power or au
thority, administer, use, and exercise all
things pertaining to their dignities,
offices, orders, cures, religions, and
fellowships, and may lawfully hereafter
use all tokens, ensigns, and ceremonies,
which they have been accustomed to
use in times past, so it be not expressly
against the laws of God and this realm j
any thing or things contained in any act
or acts made sithen the beginning of
this present parliament to the contrary
of any of the premises in any wise not
withstanding. " V. And where divers and many of
the king's said subjects have purchased
and obtained many dispensations, bulls,
breves, and faculties of the Bishop of
Rome for the time being, or by
authority of the See of Rome, as plurali
ties, unions, trialities, appropriations,
commendams, exemptions, and other
bulls, breves, and faculties, for divers
causes and matters, other than be afore
expressed, which be of no strength or
virtue : it may therefore please the
king's majesty, that it may be enacted
by authority aforesaid, that all and every
his said subjects, during the time of one
whole year next after the feast of St.
Michael the Archangel next coming,
may enjoy, use, and have, by authority
of this present act, and not by the virtue
of the said bulls, breves, and faculties, all
and every of the effects contained and
specified in such bulls, breves, and
faculties, in all such cases only as may
be dispensed with by the Archbishop of
Canterbury, by authority of the laws
and statutes of this realm.
" VI. And that it may be further en
acted by authority afore
said, that all and every the T1,= offtct and
i ¦ , .. , . , •'. contents of
king s said subjects, bring- bulls, breves,

Appendix.]

AND OTHER RECORDS.

623

faculties, &c. ing, rendering, and de-
StF&K. ' Hvering to such persons of
his council, or of the masters
of his chancery, as the king's highness
shall name and appoint, any Bulls, breves,
or any other faculties concerning any the
premises, that then, if it shall appear
to such persons as the king's highness
shall so name and appoint to receive
such bulls, faculties, and breves, after
due examination thereof had, that the
effects contained and specified in such
bulls, faculties and breves, or any part
thereof, may be lawfully granted by the
said Archbishop of Canterbury, by au
thority of the laws and statutes of this
realm ; that then and in every such case,
the king's said subjects making humble
suit to have the effects contained in the
said bulls, breves, and faculties to be
granted unto them, shall have, receive,
and obtain of the chancellor of England,
or keeper of the great seal for the time
being, by sufficient writing in due form
to be made, and to be sealed under the
king's great seal, all and every such
effects contained and specified in such
bulls, breves, and faculties, as may be
lawfully granted by the sard Archbishop
of Canterbury, by authority of the laws
and statutes of this realm, paying only
for sealing of every such writing xx. s.
iv. d., and over that, for the reasonable
costs for pains of the writing thereof,
iij. s. iv. d. and not ahove ; and for the
pain taken for due examination of every
such bulls, breves, and faculties, iij. s.
iv. d., and not above. And that this
present act shall be sufficient and imme
diate warrant to the chancellor or keeper
of the great seal, for ensealing and
delivery of such licences, faculties,
dispensations, and other writings, which
shall be made, granted, and sealed
under the king's great seal, by virtue
and authority of this act.
" VII. And it is also enacted by autho
rity aforesaid, that all and every such li
cence, dispensation, faculty, confirmation,
or other writing, to be had, made, or
granted under the king's great seal out
of the said court of chancery by autho
rity of this act, in form as is above
rehearsed, shall be good and effectual to
the said parties suing for
f afpf&k the same> according to the
c. 8, and re- tenor and effects thereof,
vived by 1 and shall be admitted, ac-
K ' cepted, and allowed in all
courts and places of this realm, and

in all other the king's dominions ; any
usage, prescription, foreign laws, cus
toms, or ordinance to the contrary
thereof notwithstanding."

1 EDW. VI., u. 1, 2., a. r». 1547.
Chapter II.
An Act for the Election of Bishops, and
what Seals they and other Spiritual
Persons exercising Jurisdiction Eccle
siastical shall use.
I. Forasmuch as the election of the
archbishops and bishops by „, ,
*K„ J„„„> J \. . Without any
the deans and chapters conge d'elire
within the king's majesties or election,
realms of England and Ire- bishopricks
. , . & . may be con-
lana at this present time be ferredby the
as well to the long delay kins's letters
as to the great costs and patent-
charges of such persons as the king's
majesty giveth any archbishoprick or
bishoprick unto ; and whereas the said
elections be in very deed no elections,
but only by a writ of conge d'elire have
colours, shadows, or pretences of elec
tions, serving nevertheless to no purpose,
and seeming also derogatory and preju
dicial to the king's prerogative royal,
to whom only appertaineth the colla
tion and gift of all archbishopricks and
bishopricks and suffragan bishops, within
his highness's said realm of England
and Ireland, Wales, and other his do
minions and marches : For a due re
formation hereof, be it therefore enacted
by the king's highness, with the assent
of the lords spiritual and temporal, and
the commons, in this present parliament
assembled, and by authority of the same,
that from henceforth no such conge
d'elire be granted, nor election of any
archbishop or bishop by the dean and
chapter [made, but that the king by his
letters patent at all times when any arch
bishoprick or bishoprick be void confer
the same to any person whom the king
shall think mete ; the which collation so
by the king's letters patent made and
delivered to the person to whom the
king shall confer the same archbishoprick
or bishoprick, or to his sufficient proctor
and attorney, shall stand to all intent,
constructions, and purposes to as much
and the same effect as though conge
d'elire had been given, the election duly
made and the same confirmed ; and that
upon the said person to whom the said

624

ANGLO-SAXON DOOMS.

[Appendix'.:

names of the
bishops.

archbishoprick, bishoprick, or suffragan-
ship is so conferred, collated, or given
may be consecrated and sue his liverye
or outerlemayre, and do other things as
well as if the said ceremonies and elec
tions had been done and made.
II. Provided alway and be it enacted,
by authority aforesaid, that
All accus- every such parson to whom
shall be' paid, any collation or gift of any
archbishoprick or suffra-
ganship shall be given or collated by the
king, his heirs, or successors, shall pay
due, and yield to all and every parson all
such fees, interest, and duties, as of old
time have been accustomed to be done ;
any thing in this act, or in any other to
the contrary hereof in any wise notwith
standing. III. And whereas the archbishops
and bishops and other spi-
Summonses ritual persons in this realm
and citations . * , , j j
made hereto- do use to make ana send
fore in the out their summons (and)
citations and other process
in their own names, and in
such form and manner as was used in
¦the time of the usurped power of the
Bishop of Rome, contrary to the form
and order of the summons and process
of the common law used in this realm,
seeing that all authority of jurisdiction,
spiritual and temporal, is derived and
deducted from the king's majesty, as
supreme head of the churches and realms
of England and Ireland, and so justly
acknowledged by the clergy of the said
realms, and that all courts ecclesiastical
within the said two realms be kept by
no other power or authority either foreign
or within the realm, but by authority of
his most excellent majesty, Be it there-
.,, „ fore further enacted by au-
All sum- . • , , ,1
mouses and thority aforesaid, that all
citations shall summons and citations or
king's name other process ecclesiastical
tested by the in all suits and causes of
a^coumer. insta™.e be^ixt V»*Y and
signed by his party, m all causes of cor-
commissary. rection, and of bastardy, or
bigamy or inquiry de jure pronatus,
probates of testaments and commissions
-of administration of persons deceased,
and all acquittance of and upon accounts
made by the executors, administrators,
or collectors of goods of any dead per
son, be from the first day of July next
following made in the name and with
the stile of the king, as it is in writs ori
ginal or judicial at the common law,

and that the test thereof be in the name
of the archbishop or bishop or other
having ecclesiastical jurisdiction, who
hath the commission and grant of autho
rity ecclesiastical immediately from the
king's highness ; and that his commissary,
official, or substitute, exercising jurisdic
tion under him, shall put his name in
citation or process after the test.
IV. Furthermore, be it enacted by
authority aforesaid, that all
manner of parson or par- Sc.al.s of,tne
u u lL ^ • spiritual
sons who hath the exercise courts shall
of ecclesiastical jurisdiction have the
shall have from the first day ^efeon™8
of July before expressed in
their seals of office the king's highness'
arms decently set, with certain carects
under the arms for the knowledge of the-
diocese, and shall use no other seal of ju
risdiction but wherein his majesty's arms
be engraven ; upon pain that if any person
shall use ecclesiastical iu- t>„„„i..„ „„
. ,. . „ % i X Penalty on
risdiction after the day be- breach of this
fore expressed in this realm act» hnprison-
of England, Wales, and ' '
o^her his dominion or territories, and
not send or make out the citation or
process in the king's name, or use any
seal of jurisdiction other than before
limited, that every such offender shall
incur and run in the king's majesty's
displeasure and indignation, and suffer
imprisonment at his highness's will and
pleasure. V. Provided always, that no more or
other fees be taken or paid Usual fees
for the seal and (writing) of only on cita-
any citations or other pro- tions> &c-
cess than was heretofore accustomed.
VI. Provided also and be it enacted
by authority aforesaid, the Archbishop
Archbishop of Canterbury of Canterbury.
for the time being shall use slia11 US(! his
, ¦ i j ¦ i ¦ own seal.
Ins own seal and in his own
name in all faculties and dispensations
to the tenor of an act thereof made j and
that the said archbishops
and bishops shall make, "m'ay*
admit, order, and reform use their own.-
their chancellors, officials, seals and
, , names.
commissaries, advocates,
proctors, and other their officers, minis.
ters and substitutes, and commissions to
suffragan bishops in their own names
under their own seals, in such manner
and form as they have heretofore used,
and shall certify to the court of tenths
their certificates under their own name
and seals as heretofore they have used.

Appendix.]

AND OTHER RECORDS.

625

and according to the statute in that case
made and provided; and likewise shall
make collations, presentations, gifts, in
structions and inductions of benefices,
letters of orders or dimissories under
their own names and seals as they have
heretofore accustomed ; anything in this
act contained to the contrary notwith
standing. VII. Provided always and be it en
acted by authority afore-
alttficafe ^d that all process here-
of trial in after to be made or awarded
spiritual oy anv ecclesiastical person
courts shall be f ,, , • . e
in the king's or persons tor the trial or
name, under any plea or pleas or rrat-
the bishop's ter depending or that here
after shall depend in any
of the king's courts of record at the
common law, and limited by the laws
and customs of this realm to the spi
ritual courts to try the same, that the
certificate of the same after the trial
thereof shall be made in the king's
name for the time being, and with the
stile of the same king, and under the
seal of the bishop graved with the king's
arms, with the name of the bishop or
spiritual officer being to the test of the
same process and certificate and to every
of them. Stat. 1 ELIZABETHS, v. 1.
a. r>. 1558.
An Act to restore to the Crown the
ancient Jurisdiction over the Estate
Ecclesiastical and Spiritual, and abo
lishing all Foreign Powers repugnant
to the same.
" Most humbly beseech your most
All ancient excellent majesty, you*
jurisdiction faithful and obedient sub-
restored to iects the lords spiritual and
the crown. "! ¦. , ' ,
temporal, and the com
mons, in this your present parliament
assembled, that where in time of the
reign of your most dear father, of worthy
memory, King Henry the Eighth, divers
good laws and statutes were made and
established, as well for the utter extin
guishment and putting away of all
usurped and foreign powers and autho
rities out of this your realm, and other
your highness' dominions and countries,
as also for the restoring and uniting to
,the imperial crown of this realm, the
ancient jurisdictions, authorities, supe
riorities, and pre-eminences to the same
of right belonging or appertaining, by
VOL. III. S

reason whereof we your most humble
and obedient subjects, from the xxv*
year of the reign of your
said dear father, were con- ^statute""
tinually kept in good or- and revivor of
der, and were disburdened °tht!rs' and aU
, ,. , , . L n foieign power
or divers great and intole- abolished.
rable charges and exactions 1 & 2 P. & M„
before that time unlawfully c* '
taken and exacted by such foreign power
and authority as before that was usurped,
until such time as all the said good laws
and statutes by one act of parliament
made in the first and second years of the
reigns of the late King Philip and Queen
Mary, your highness' sister, entitled
* An Act repealing all Statutes, Articles,
and Provisions made against the See
Apostolick of Rome since the twentieth
year of King Henry the Eighth, and
also for the establishment of all Spiritual
and Ecclesiastical Possessions and Here
ditaments conveyed to the Laity,' were
all clearly repealed and made void, as by
the same act of repeal more at large doth
and may appear ; by reason of which
act of repeal, your said humble subjects
were eftsoons brought under an usurped
foreign power and authority, and do yet
remain in that bondage, to the intolera
ble charges of your loving subjects, if
some redress (by the authority of this
your high court of parliament, with the
assent of your highness) r RoU m>
be not had and provided : j-iet. 121.
" May it therefore please your high
ness, for the repressing of the said
usurped foreign power, and the restoring
of the rights, jurisdictions, and pre
eminences appertaining to the imperial
crown of this your realm, that it may be
enacted by authority of this present par-
liament, that the said act ArepeaI of the
made in the said first and statute of
second years of the reigns 1 & 2 P, & M.
of the said late King Philip
and Queen Mary, and ail and every
branches, clauses, and articles therein
contained, (other than such branches,
clauses, and sentences as hereafter shall
be excepted,) may from the last day of
this session of parliament, by authority
of this present parliament, be repealed,
and shall from henceforth be utterly void
and of none effect :
" III. And that also for the reviving
of divers of the said good a revivor of
laws and statutes made in t|]e statutes
the time of your said dear Ip"^" viz.
father, it may also please 23 Hen. 8, c. y,

626

ANGLO-SAXON DOOMS

[A;

PPENDlS.

your highness, that one act and statute
made in the xxiii. year of the reign of
the said late King Henry the Eighth,
entitled ' An Act, that no Person shall
be cited out of the Diocese wherein he or
she dwelleth, except in certain cases ; '
" IV. And one other act made in tbe
24 Hen 8 Xxiv' year °f the re'Sn of
c. 12. the said late king, entitled,
' An Act, that Appeals in
such cases, as hath been used to be pur
sued to the See of Rome, shall not be
from henceforth had ne used, but within
this Realm ; '
" V. And one other act made in the
xxv. year of the said late
not^infed. kinS- concerning restraint
of Payment of Annates and
First-fruits of Archbishopricks and
Bishopricks to the See of Rome ;
" VI. And one other act in the said
xxv. year, entitled, * An
25 Hen. 8, Act concerning the Sub
mission of the Clergy to
the King's Majesty ; '
" VII. And also one act made in the
said xxv. year, entitled,
If 2?™' 8' ' An Act restraininS the
Payment of Annates or
First-fruits to the Bishop of Rome, and
of the electing and consecrating of
Archbishops and Bishops within this
Realm ; '
"VIII. And one other act made in
the said xxv. year, entitled,
' An Act concerning the
Exoneration of the King's
Subjects from Exactions and Imposi
tions heretofore paid to the See of Rome,
and for having Licences and Dispensa
tions within this Realm, without suing
further for the same ; '
" IX. And one other act made in the
xxvi. year of the said late king, entitled,
2fi H fi * An Act for Nomination
c. 14. ' ' and Consecration of Suffra
gans within this Realm ; '
" X And also one other act made in
the xxviii. year of the reign of the said
late king, entitled, ' An Act for the
Release of such as have obtained pre
tended Licences and Dis-
?"vSen' 8' pensations from the See of
Rome ; ' and all and every
branches, words, and sentences in the
said several acts and statutes contained,
by the authority of this present parlia
ment, from and at all times after the last
day of this session of parliament, shall

25 Hen. 8,
c. 81.

be revived, and shall stand
and be in full force and ™f "^
strength, to all intents, con- hi the afore-
structions, and purposes : said statutes
and that the branches, sen- ^'J, ^™d t0
tences, and words of the
said several acts, and every of them, from
thenceforth shall and may be judged,
deemed, and taken to extend to your
highness, your heirs and successors, as
fully and largely as ever the same acts,
or any of them, did extend to the said
late King Henry the Eighth, your
highness' father.
" XI. And that it may also please
your highness, that it may
be enacted by the authority f ^en- S'
of this present parliament,
that so much of one act or statute made
in the xxxii. year of the reign of your
said dear father King Henry the Eighth,
entitled, ' An Act concerning Precon
tracts of Marriages, and touching De
grees of Consanguinity,' as
in the time of the late King * *,f Edw'6'
Edward the Sixth, your
highness' most dear brother, by one
other act or statute, was not repealed ;
"XII. And also one act made in the
xxxvii. year of the reign of
the said late King Henry f $en- 8>
the Eighth, entitled, ' An
Act that Doctors of the Civil Law,
being married, may exercise Ecclesias
tical Jurisdiction ; ' and all and every
branches and articles in the said two
acts last mentioned, and not repealed in
the time of the said late King Edward
the Sixth, may from henceforth likewise
stand and be revived, and remain in
their full force and strength, to all in
tents and purposes ; any thing contained
in the said act of repeal before men
tioned, or any other matter or cause to
the contrary notwithstanding.
" XIII. 'And that it may also please
your highness, that it may
further be enacted by the ™*™
authority aforesaid, that all the statute of
other laws and statutes, 1 & 2 P. & M.
j .L , i j c. 8, shall con-
and the branches and tinue repealed.
clauses of any act or
statute, repealed and made void by the
said act of repeal, made in the time of
the said late King Philip and Queen
Mary, and not in this present act spe
cially mentioned and revived, shall stand,
remain, and be repealed and void, in
such like manner and form as they were

Appendix^]

AND OTHER RECORDS.

627

before the making of this act ; any thing
herein contained to the contrary not
withstanding. " XI V. And that it may also please
A revivor of your highness» that ifc may
the statute be enacted by the authority
1 Edw. 6, c. 1. aforesaid, that one act and
statute made in the first year of the reign
of the late King Edward the Sixth, your
Majesty's most dear brother, entitled,
1 An Act against such Persons as shall
unreverently speak against the Sacra
ment of the Body and Blood of Christ,
commonly called the Sacrament of the
Altar, and for the receiving thereof
under both Kinds,' and all and every
branches, clauses, and sentences therein
contained, shall and may likewise from
the last day of this session of parliament
be revived, and from thenceforth shall
and may stand, remain, and be in full
force, strength, and effect, to all intents,
constructions, and purposes, in such like
manner and form as the same was at
any time in the first year of the reign of
the said late King Edward the Sixth ;
any law, statute, or other matter to the
contrary in any wise notwithstanding.
" XV. And that also it may please
your highness, that it may
the statute of oe further established and
U2P.&M. enacted by the authority
cd-* 1, 0 aforesaid, that one act and
5 Rich. 2, * . _
St. 2, c. 5. statute made in the hrst
2 Hen. 4, c. 15. and second years of the said
en. , c. . jate j£mg Philip and Queen
Mary, entitled, * An Act for the reviving
of three Statutes made for the Punish
ment of Heresies ; ' and also the said
three statutes mentioned in the said act,
and by the said act revived, and all and
every branches, articles, clauses, and
sentences contained in the said several
acts and statutes, and every of them,
shall be from the last day of this session
of parliament deemed and remain utterly
repealed, void, and of none effect, to all
intents aud purposes ; any thing in the
said several acts or any of them con
tained, or any other matter or cause to
tbe contrary notwithstanding.
" XVI. And to the intent that all
usurped and foreign power
The abolish and autbority spiritual and
ing of fnreign ¦, e i
authority. temporal, may for ever be
clearly extinguished, and
never to be used or obeyed within this
realm, or any other your majesty's do
minions or countries; may it please
your highness that it may be further

enacted by the authority aforesaid, that
no foreign prince, person, prelate, state,
or potentate spiritual or temporal, shall
at any time after the last day of this
session of parliament use, enjoy, or
exercise any manner of power, jurisdic
tion, superiority, authority, pre eminence,
or privilege spiritual or ecclesiastical,
within this realm, or within any other
your majesty's dominions or countries
that now be, or hereafter shall be, but
from thenceforth the same shall be
clearly abolished out of this realm, and
all other your highness' dominions for
ever ; any statute, ordinance, custom,
constitutions, or any other matter or
cause whatsoever to the contrary in any
wise notwithstanding.
"XVII. And that also it may like
wise please your highness, Co. pl. fol. 465f
that it may be established 4S7-
and enacted by the autho- Ecclesiastical
r -j ^.i. ^ 1 jurisdiction
rity aforesaid, that such annexed to
jurisdictions, privileges, the crown.
superiorities, and pre emi- eon"
nences spiritual and ecclesiastical, as by
any spiritual or ecclesiastical power or
authority hath heretofore been, or may
lawfully be exercised or used for the
visitation of the ecclesiastical state and
persons, and for reformation, order, and
correction of the same, and of all man
ner of errors, heresies, schisms, abuses,
offences, contempts, and enormities,
shall for ever by authority of this pre
sent parliament be united and annexed
to the imperial crown of this realm.
" XVIII. And that your highness,
your heirs and successors, kings or queens
of this realm, shall have full power and
authority by virtue of this act, by letters
patents under the great seal of England,
to assign, name, and authorize, when and
as often as your highness, your heirs or
successors, shall think meet and con
venient, and for such and so long a time
as shall please your highness, your heirs
or successors, such person
or persons being natural- ^f,^1!™
. 1 - t * w 1. may assign
born subjects to your high- commissioners
ness, your heirs or succes- to exercise
sors, as your majesty, your ^JisTicS.
heirs or successors, shall Repealed by
think meet, to exercise, J,6 1 yars' *•
use, occupy, and execute,
under your highness, your heirs and
successors, all manner of jurisdictions,
privileges, and pre-eminences, in any
wise touching or concerning any spiri
tual or ecclesiastical jurisdiction, within
s 2

628

ANGLO-SAXON DOOMS

[Appendix.

these your realms of England and
Ireland, or any other your highness'
dominions and countries : and to visit,
reform, redress, order, correct, and
amend all such errors, heresies, schisms,
abuses, offences, contempts, and enormities
whatsoever, which by any manner of
spiritual or ecclesiastical power, autho
rity, or jurisdiction, can or may lawfully
be reformed, ordered, redressed, cor
rected, restrained, or amended, to the
pleasure of Almighty God, the increase
of virtue, and the conservation of the
peace and unity of this realm ; and that
such person or persons so to be named,
assigned, authorised, and appointed by
your highness, your heirs or successors,
after the said letters patents to him or
them made and delivered, as is aforesaid,
shall have full power and authority by
virtue of this act, and of the said letters
patents under your highness, your heirs
and successors, to exercise, use, and
execute all the premises according to
the tenour and effect of the said letters
patents; any matter or cause to the
contrary in any wise notwithstanding.
"XIX. And for the better observa-
Who are com- tio.n and maintenance of
pellabletotake this act, may it please your
the oath : highness that it may be
ecclesiastical r °. t j , ' A,
persons and further enacted by the
officers, judge, authority aforesaid, that all
iempo°ra7„fflr' and e™y archbishop, bi-
cer, he that shop, and all and every
hath the other ecclesiastical person,
L and other ecclesiastical offi
cer and minister, of what estate, dignity,
pre-eminence, or degree soever he or they
be or shall be, and all and every temporal
judge, justice, mayor, and other lay or
temporal officer and minister, and every
other person having your highness' fee
or wages, within this realm, or any your
highness' dominions, shall make, take,
and receive a corporal oath upon the
Evangelist, before such person or per
sons as shall please your highness, your
heirs or successors, under the great seal-
of England to assign and name, to
accept and to take the same according
to the tenour and effect hereafter fol
lowing ; that is to say,
" * I A. B. do utterly testify and de-
The oath of clare in my conscience, that
the queen's tne queen 's highness is the
supremacy. , °
Repealed 'by only supreme governor of
1 Gul. & Mar. this realm, and of all other
sess. 1, c. 8, u i • i , j
s_ g. ner highness dominions
1 Bulst. 199. and countries, as well in

all spiritual or ecclesiastical things or
causes as temporal ; and that no foreign
prince, person, prelate, state, or po
tentate hath or ought to have any
jurisdiction, power, superiority, pre
eminence, or authority ecclesiastical or
spiritual, within this realm ; and there
fore I do utterly renounce and forsake
all foreign jurisdictions, powers, superi
orities, and authorities, and do promise,
that from thenceforth I shall bear faith
and true allegiance to the queen's high
ness, her heirs and lawful successors,
and to my power shall assist and defend
al I jurisdictions, pre-eminences, privi
leges, and authorities, granted or belong
ing to the queen's highness, her heirs
and successors, or united and annexed
to the imperial crown of this realm. So
help me God, and by the contents of
this book.'
"XX. And that it may also be en
acted, that if any such arch- The penalty
bishop, bishop, or any for refusing
other ecclesiastical officer the oath*
or minister, or any of the said temporal
judges, justiciaries, or other lay officer
or minister, shall peremptorily or obsti
nately refuse to take or receive the said
oath ; that then he so refusing shall
forfeit and lose only during his life all
and every ecclesiastical and spiritual
promotion, benefice, and office, and every
temporal and lay promotion and office,
which lie hath solely at the time of such
refusal made ; and that the whole title,
interest, and incumbency in every such
promotion, benefice, and other office, as
against such person only so refusing,
during his life shall clearly cease and be
void, as though the party so refusing
were dead.
'; XXI. And that also all and every
such person and persons so refusing to
take the said oath, shall immediately
after such refusal be from thenceforth,
during his life, disabled to retain or
exercise any office or other promotion
which he at the time of such refusal hath
jointly or in common with any other
person or persons.
" XXII. And that all and every
person and persons that at any time
hereafter shall be preferred, promoted,
or collated to any archbishoprick or
bishoprick, or to any other spiritual or
ecclesiastical benefice, promotion, dig
nity, office, or ministry ; or that shall be
by your highness, your heirs or suc
cessors, preferred or promoted to any

Appendix.]

AND OTHER RECORDS.

629

temporal or lay office, ministry, or ser
vice within this realm, or in any your
highness' dominions, before he or they
shall take upon him or them to receive,
use, exercise, supply, or occupy any
such archbishoprick, bishoprick, promo
tion, dignity, office, ministry, or service,
shall likewise make, take, and receive,
the said corporal oath before mentioned,
upon the Evangelist, before such persons
as have or sha.l have authority to admit
any such person to any such office,
ministry, or service, or else before such
person or persons as by your highness,
your heirs or successors, by commission
under the great seal of England shall
be named, assigned, or appointed to
rninister the said oath.
"XXIII. And that it may likewise
be further enacted by the authority
aforesaid, that if any such person or
persons as at any time hereafter shall be
promoted, preferred, or collated to any
such promotion spiritual or ecclesiastical,
benefice, office, or ministry, or that by
your highness, your heirs or successors,
shall be promoted or preferred to any
temporal or lay office, ministry, or ser
vice, shall and do peremptorily and
obstinately refuse to take the same oath
so to him to be offered : that then he
or they so refusing shall presently be
judged disabled in the law to receive,
take, or have the same promotion spi
ritual or ecclesiastical, or the same tem
poral office, ministry, or service within
this realm or any other your highness'
dominions, to all intents, constructions,
and purposes.
" XXIV. And that it may be further
Hethatsueth enacted by the authority
livery or ous- aforesaid, that all and every
trele maine. person and persons tempo
ral suing livery or oustre le maine out of
the hands of your highness, your heirs
or succssors, before his or their livery
or oustre le maine sued forth and allowed,
and every temporal person or persons
doing any homage to your highness,
your heirs or successors, or
Smagae to°the that shall be received into
queen. service with your highness,
He that shall your be.rs or successors,
be received J, ,, , , i j
into the shall make, take, ana re-
queen's ser- ceive the said corporal oath
vlce' before mentioned, before
the lord chancellor of England, or the
lord keeper of the great seal for the time
being, or before such person or persons
as by your highness, your heirs or suc- S S

cessors, shall be named and appointed
to accept or receive the same.
" XXV. And that also all and every
person and persons taking
orders, and all and every JJ*** taketh
other person and persons He that taketh
which shall be promoted degrees in any
c i . j university.
or preferred to any degree
of learning in any university within this
your realm or dominions, before he shall
receive or take any such orders, or be
preferred to any such degree of learning,
shall make, take, and receive the said
oath by this act set forth and declared
as is aforesaid, before his or their ordi
nary, commissary, chancellor, or vice-
chancellor, or their sufficient deputies in
the said university.
" XXVI. Provided always, and that
it may be further enacted by the autho
rity aforesaid, that if any .
' . . t . Jf He that hath
person having any estate or estate of in-
inheritance in any temporal heritance in a
office or offices shall here- ^"P0™1 ^
,, , . . , office, first
after obstinately and per- refuseih and
emptorily refuse to accept tnen taketh
and take the, said oath as is the oath'
aforesaid, and after at any time during
his life shall willingly require to take
and receive the said oath, and so do take
and accept the same oath before any
person or persons that shall have lawful
authority to minister the same; that
then every such person, immediately
after he hath so received the said oath,
shall be vested, judged, and deemed in
like estate and possession of the said
office, as he was before the said refusal,
and shall and may use and exercise the
said office in such manner and form as
he should or might have done before
such refusal ; any thing in this act con
tained to the contrary in any wise not
withstanding. " XXVII. And for the more sure
observation of this act, and the utter ex
tinguishment of all foreign and usurped
power and authority, may it please your
highness, that it may be further enacted
by the authority aforesaid, that if any
person or persons dwelling or inhabiting
within this your realm, or in any other
your highness' realms or dominions, of
what estate, "dignity, or degree soever
he or they be, after the end of thirty
days next after the determination of this
session of this present parliament, shall
by writing, printing, teaching, preaching,
express words, deed, or act, advisedly,
maliciously, and directly affirm, hold,
3

€30

ANGLO-SAXON DOOMS

[A:

FPENDI X.

authority. Dyer, 363.

stand with, set forth, maintain, or defend
the authority, pre-eminence, power or
jurisdiction, spiritual or ecclesiastical,
of any foreign prince, prelate, person,
state or potentate whatsoever, heretofore
claimed, used, or usurped within this
realm, or any dominion or country
being within or under the power, do
minion, or obeysance of your highness :
or shall advisedly, maliciously, and
directly put in ure or execute any thing
for the extolling, advancement, setting
forth, maintenance, or defence of any
such pretended or usurped jurisdiction,
power,' pre-eminence, and
The penalty of authority, or any part
themainte- „ *". . J r
nance of thereof; that then every
foreign such person and persons so
doing and offending, their
abettors, aiders, procurers,
and counsellors, being thereof lawfully
convicted and attainted, according to the
due order and course of the common
laws of this realm, for his or their first
offence shall forfeit and lose unto your
highness, your heirs and successors, all
his and their goods and chattels, as well
real as personal.
" XXVIII. And if any such person
so convicted or attainted
The forfeiture shall not have or be worth
for the first „ , . , ,
offence. of his proper goods and
chattels to the value of
twenty pounds, at the time of his con
viction or attainder, that then every such
person so convicted or attainted, over
and beside the forfeiture of all his said
goods and chattels, shall have and suffer
imprisonment by the space of one whole
year without ball or mainprise.
" XXIX. And that also all and every
the benefices, prebends, and other eccle
siastical promotions and dignities what
soever of every spiritual person so
offending, and being attainted, shall im
mediately after such attainder be utterly
void to all intents and purposes, as
though the incumbent thereof were
dead ; and that the patron and donor of
every such benefice, prebend, spiritual
promotion, and dignity shall and may
lawfully present unto the same, or give
the same, in such manner and form as if
the said incumbent were dead ; and if
any such offender or
fh0erseecZf0r offenders, after such con.
offence. viction or attainder, do
eftsoons commit or do the
said offences, or any of them, in manner
and form aforesaid, and be thereof duly

convicted and attainted as is aforesaid ;
that then every such offender and
offenders shall for the same second
offence incur into the dangers, penalties,
and forfeitures ordained and provided
by the Statnte of Provision and Praimu-
nire, made in the sixteenth ,- „. . n
_ . „ T_. 16 Kich. 2,
year of the reign oi King c.5.
Richard the Second.
"XXX. And if any such offender or
offenders, at any time after
the said second conviction TJiet^T!fIty of
. . , , . . . , the third
and attainder, do the third offence.
time commit and do the
said offences, or any of them, in manner
and form aforesaid, and be thereof duly
convicted and attainted, as is aforesaid ;
that then every such offence or offences
shall be deemed and adjudged high trea
son, and that the offender or offenders
therein, being thereof lawfully convicted
and attainted, according to the laws of
this realm, shall suffer pains of death,
and other penalties, forfeitures, and
losses as in cases of high treason, by the
laws of this realm.
"XXXI. And also that it may like
wise please your highness, With-n what
that it may be enacted by time an
the authority aforesaid, that offender shall
p be impeached.
no manner or person or per
sons shall be molested or impeached for
any of the offences so committed or per
petrated only by preaching, teaching, or
words, unless he or they be thereof law
fully indicted within the space of one half-
year next after his or their offences so
committed : and in case any person or
persons shall fortune to be imprisoned
for any of the said offences committed
by preaching, teaching, or words only,
and be not thereof indicted within the
space of one half-year next after his or
their such offence so committed and done;
that then the said person so imprisoned
shall be set at liberty, and be no longer
detained in prison for any such cause or
offence. " XXXII. Provided ' always, and be
it enacted by the authority AU t^-inss
aforesaid, that this act, or touching the
any thing therein con- Praemunire in
tamed, shall not in any c 8j s ^ ,j0
wise extend to repeal any continue in
clause, matter or sentence force'
contained or specified in the said act of
repeal made in. the said first and second
years of the reigns of the said late King
Philip and Queen Mary, as doth in any
wise touch or concern any matter or

Appendix.]

AND OTHER RECORDS.

631

cause of pramunire, or that doth make
or ordain any matter or cause to be
within the case of praemunire ; but that
the same, for so much only as toucheth
or concerneth any case or matter of prte-
munire, shall stand and remain in such
force and effect as the same was before
the making of this act ; any thing in
this act contained to the contrary in any
wise notwithstanding.
" XXXIII. Provided also, and be it
Offences com- enacted by the authority
mitted against aforesaid, that this act or
statutes anythingtherein contained,
revived. , ,, ° . *
shall not in any wise ex
tend or be prejudicial to any person or
persons for any offence or offences com
mitted or done, or hereafter to be com
mitted or done, contrary to the tenor and
effect of any act or statute now revived
by this act, before the end of thirty days
next after the end of the session of this
present parliament; any thing in this
act contained, or any other matter or
cause to the contrary notwithstanding.
" XXXIV. And if it happen that
„ . , . any peer of this realm shall
Trial of peers. „ J r . .
fortune to be indicted of
and for any offence that is revived or
made praemunire or treason by this act ;
that then he being so indicted shall have
trial by his peers, in such like manner
and form as in other cases of treason
hath been used.
" XXXV. Provided always, and be
No matter of h enacted as is aforesaid,
religion, &c., that no manner of order,
made by this act or determination for
parliament „ ...
shall be ad- any matter of religion, or
judged heresy cause ecclesiastical, had or
orsch.sm. ma(Je by the authority of
this present parliament, shall be ac
cepted, deemed, interpreted, or adjudged
at any time hereafter, to be any error,
heresy, schism, or schismatical opinion ;
any order, decree, sentence, constitution
or law, whatsoever the same be, to the
contrary notwithstanding.
" XXXVI. Provided always, and be
"Commis- '* enacted by the authority
sioners may aforesaid, that such person
tWndgtoSbeh °r Persons to whom vour
heresy as are highness, your heirs or
warranted by successors, shall hereafter
SuSfflSS, by letters patents, under
general coun- the great seal of England,
cils For _ive authority to have or
farther provi- ° J . ¦ j. .-
sions relating execute any jurisdiction,
hereto see c. 2. power, or authority spi-
And farther, ritua], or to visit, reform,

order, or correct any errors, 13 Eliz. c. 12 ;
heresies, schisms, abuses, 23 Eliz. c- 1 ;
or enormities, by virtue 0/ "f/iscar. 2,
this act, shall not in any c. 6- 1 Gul. &
wise have authority or JJar'csJ' K c"
, , J . 18 ; 5 Ann. c.
power to order, determine, 5 ; and 23 Geo.
or adjudge any matter or 2, c. 28.
cause to be heresy, but only such (1) as
heretofore have been determined, ordered,
or adjudged to be heresy, by the au
thority of the canonical Scriptures, or
by the first four general councils, or any
of them, or by any other general council
wherein the same was declared heresy
by the express and plain words of the
said canonical Scriptures, or such as
hereafter shall be ordered, judged, or
determined to be heresy by the high
court of parliament of this realm, with
the assent of the clergy in their con
vocation ; any thing in this act con
tained to the contrary notwithstanding.
"XXXVII. And be it further
enacted by the authority None fihall be
aforesaid, that no person or indicted or
persons shall be hereafter arraigned, but
indicted or arraigned for nessgg.
any of the offences made,
ordained, revived, or adjudged by this
act, unless there be two sufficient wit
nesses or more, to testify and declare the
said offences whereof he shall be in
dicted or arraigned; and that the said
witnesses, or so many of them as shall
be living and within this realm at
the time of the arraignment of such
person so indicted, shall be brought
forth in person face to face before the
party so arraigned, and there shall testify
and declare what they can say against the
party so arraigned, if he require the same
"XXXVIII. Provided also, and be
it further enacted by the
authority aforesaid, that if them that give
any person or persons shall relief to
hereafter happen to give oftenders-
any relief, aid, or comfort, or in any wise
be aiding, helping, or comforting, to the
person or persons of any that shall
hereafter happen to be an offender in
any matter or case of praemunire or
treason revived or made by this act;
that then such relief, aid, or comfort,
given shall not be judged or taken
to be any offence, unless there be two
sufficient witnesses at the least, that
can and will openly testify and de
clare that the person or persons that
so gave such relief, aid, or comfort,
had notice and knowledge of such

s s 4

632

ANGLO-SAXON DOOMS

[Appendix!,

offence committed and done by the said
offender, at the time of such relief, aid,
or comfort, so to him given or mi
nistered ; any thing in this act contained,
or any other matter or cause to the con
trary in any wise notwithstanding.
"XXXIX. And where one pretended
sentence hath heretofore
Chetwood s , . - ti r>
appeal to the 1)een glven m the Consis-
court of tory in Paul's before certain
Rome. judges delegate, by the au
thority legantine of the late Cardinal
Poole, by reason of a foreign usurped
power and authority, against Richard
Chetwood, Esq., and Agnes his wife, by
the name of Agnes Woodhall, at the
suit of Charles Tyrril, gentleman, in a
cause of matrimony solemnized between
the said Richard and Agnes, as by the
same pretended sentence more plainly
doth appear, from which sentence the
said Richard and Agnes have appealed to
the court of Rome ; which appeal doth
there remain, and yet is not determined:
" XL. May it therefore please your
highness, that it may be enacted by the
authority aforesaid, that if sentence in
the said appeal shall happen to be given
at the said court of Rome for and in the
behalf of the said Richard and Agnes,
for the reversing of the said pretended
sentence, before the end of three score
days next after the end of this session of
this present parliament, that then the
same shall be adjudged and taken to be
good and effectual in the law, and shall
and may be used, pleaded, and allowed
in any court or place within this realm ;
any thing in this act, or in any other
act or statute contained to the contrary
notwithstanding. " XL I. And if no sentence shall be
given at the court of Rome in-the said
appeal for the reversing of the said
pretended sentence before the end .of the
said three score days, that then it shall
and may be lawful for the said Richard
and Agnes, and either of them, at any
time hereafter, to commence, take, sue,
and prosecute their said appeal from the
said pretended sentence, and for the re
versing of the said pretended sentence,
within this realm, in such like manner
and form as was used to be pursued, or
might have been pursued within this
realm, at any time .since the twenty-
fourth year of the reign of the said late
King Henry the Eighth, upon any
sentences given in the court or courts of
any archbishop within this realm.
" XLII. And that such appeal as so

hereafter shall be taken or pursued by
the said Richard Chetwood and Agnes,
or either of them, and the sentence that
herein or thereupon shall hereafter be
given, shall be judged to be good and
effectual in the law to all intents and
purposes ; any law, custom, usage, canon,
constitution, or any other matter or
cause to the contrary netwithstanding.
"XLIII. Provided also, and be it
enacted by the authority
aforesaid, that where there $£*$&
is the like appeal now de- Harrourtand
pending in the said court £nthony
of Rome between Robert y e "
Harcourt, merchant of the staple, and
Elizabeth Harcourt, otherwise called
Elizabeth Robins, of the one party,
and Anthony Fidell, merchant-stranger,
on the other party ; that the said Robert,
Elizabeth, and Anthony, and every of
them, shall and may, for the prosecuting
and trying of their said appeal, have and
enjoy the like remedy, benefit, and ad.
vantage, in like manner and ] Hale's P, C.
form as the said Richard 404..
and Agnes, or any of them, hath, may or
ought to have and enjoy ; this act or
any thing therein contained to the con.
trary in any wise notwithstanding."

Stat. 5 ELIZABETHS, c. 1.
A. n. 1S62.
An Act for the Assurance of the Queen's
Royal Power, over all Estates and Sub
jects within her Dominions.
" For preservation of the queen's most
excellent highness, lier heirs and suc
cessors, and the dignity of the imperial
crown of this realm of England, and for
the avoiding both of such hurts, perils,
dishonours, and inconveniences, as have
before-time befallen, as well to the queen's
majesty's noble progenitors, kings of this
realm, as for the whole estate thereof, by
means of the jurisdiction and power of
the see of Rome, unjustly claimed and
usurped within this realm and the do
minions thereof, and also of the dangers
by the fautors of the said usurped power,
at this time grown to marvellous outrage
and licentious boldness, and now requir
ing more sharp restraint and correction
of laws, than hitherto in the time of the
queen's majesty's most mild and merciful
reign have been had, used, or esta
blished :
" II. Be it therefore enacted, ordained,
and established, by the queen our so-

Appendix.]

AND OTHER RECORDS.

633

vereign lady, and the lords spiritual and
temporal, and the commons, in this
present parliament assembled, and by
authority of the same, that if any person
and persons, dwelling, inhabiting, or re-
siant within this realm, or within any
other the queen's dominions, seigniories,
or countries, or in the marches of the
same, or elsewhere within or under her
obeisance and power, of what estate,
dignity, pre-eminence, order, degree, or
condition soever he or they be, after the
first day of April, which shall be in the
year of our Lord God one thousand five
hundred and sixty-three, shall by writing,
cyphering, printing, preaching, or teach
ing, deed or act, advisedly and wittingly
hold or stand with, to extol, set forth,
maintain, or defend the authority, juris
diction, or power of the Bishop of Rome,
or of his see, heretofore claimed, used,
or usurped within this realm, or in any
.dominion or country, being of, within, or
under the queen's power or obeisance;
or by any speech, open deed or act, ad
visedly and wittingly attribute any such
manner of jurisdiction, authority, or pre
eminence to the said see of Rome, or to
any bishop of the same see for the time
being, within this realm, or in any the
queen's dominions or countries : that
The penalty then every such person or
for maintain- persons so doing or offend-
thlrity of the inS< their obettors,procurers,
bishop or see and cou?isellors, and also their
of Rome. aiders, assistants, and com-
28 Hen. 8, - . ' ,
c. 10 • forters, upon purpose, and
13 Eliz. c. 2. to the intent to set forth,
further, and extol the said usurped power,
authority, or jurisdiction of any of the
said bishop or bishops of Rome, and every
of them, being thereof lawfully indicted
or presented within one year next after
any such offences by him or them com
mitted, and being lawfully convicted or
attainted at any time after, according to
the laws of this realm, for every such
default and offence, shall incur into the
dangers, penalties, pains, and forfeitures
ordained and provided by the Statute of
Provision and Praemunire, made in the
sixteenth year of the reign
16 Rich. % of King Ricbara tbe Se
cond.
"III. And it also enacted by the
___. authority aforesaid, that as
™^T well justices of assize in
of, and certify their circuits, as justices of
the offences the peace within the limits
aoresaid. ^e ^^ commission and

authorities, or two cf every such justices
of the peace at the least, whereof one to
be of the quorum, shall have full power
and authority, by virtue of this act, in
their quarter or open sessions, to inquire
of all offences, contempts and transgres
sions, perpetrated, committed, or done
contrary to the true meaning of the pre
mises in like manner and form as they
may of other offences against the queen's
peace ; and shall certify every present
ment afore them or any of them had or
made concerning the same, or any part
thereof, before the queen, her heirs and
successors, in her or their court, com
monly called the King's Bench, within
forty days next after any such present
ment had or made, if the term be then
open ; and if not, at the first day of the
full term next following the said forty
days ; upon pain that every 
e\\ • ,,• c • The penalty
or the justices of assize, or f0r default of
justices of the peace, before certificate of
whom such presentment "i? s^";
shall be made, making de
fault of such certificate, contrary to this
statute, to lose and forfeit for every such
default one hundred pounds to the
queen's highness, her heirs and suc
cessors. " IV. And it is enacted by the au
thority aforesaid, that the The justices
justices oftheKing's Bench, of the King's
as well upon every such Bench may
.„ r . / . hear and de-
certificate, as by inquiry termine the
before themselves, within offences afore-
the limits of their autho- said"
rities, shall have full power and authority
to hear, order, and determine every such
offence done or committed contrary to
the true meaning of this present act,
according to the laws of this realm, in
such like manner and form to all intents
and purposes, as if the person or per
sons, against whom any presentment
shall be had upon this statute, had been
presented upon any matter or offence ex
pressed in the said statute made in the
said sixteenth year of the reign of King
Richard the Second.
" V. And moreover, be it enacted by
the authority aforesaid, that Thege ghall
as well all manner of per- take the oath
sons expressed and ap- set forth anno
. , , . j . .r. ,. 1 EllZ C. 1.
pointed in and by the act
made in the first year of the queen's ma
jesty's reign that now is, intituled, * An
Act restoring to the Crown the ancient
Jurisdiction over the Estate Ecclesiasti
cal and Spiritual, and abolishing all

634

ANGLO-SAXON DOOMS

[Ap

Foreign Powers repugnant to the same,'
to take the oath expressed and set forth
in the same : as all other
eTcde"LtLl Persons which h/ve taken
orders.clegrees or shall take orders, com-
in the univer- moniy called ordines sacros,
masters.utter- °r ecclesiastical orders, have
barristers, been or shall be promoted,
reTdehrsrS' preferred, or admitted to
ancient's.'pro- any degree of learning in
thonotaries, any university within this
fixers Sheriffs realm or dominions to the
escheators, same belonging : and all
fffi™?.efWv,» schoolmasters and public
officers at the . J „
common law, and private teachers of
officer of any children; as also all man-
court. ner Q£ person an(j persons
that have taken or hereafter shall take
any degree of learning in or at the com
mon laws of this realm, as 'well utter-
barristers as benchers, readers, ancients
in any house or houses of court, and all
principal treasurers, acd such as be of
the grand company of every inn of Chan
cery, and all attorneys, prothonotaries
and philizers, towards the laws of this
realm, and all manner of sheriffs, es
cheators, and feodaries, and all other
person and persons which have taken or
shall take upon him or them, or have
been or shall be admitted to any mi
nistry or office, in, at, or belonging to
the common law, or any other law or
laws, of, to, or for the execution of them,
or any of them, used or allowed, or at
any time hereafter to be used or allowed,
within this realm or any of the domi
nions or countries belonging, or which
hereafter shall happen to belong, to the
crown or dignity of the same; and all
other officers or ministers of or towards
any court whatsoever, and every of them,
shall take and pronounce a corporal oath
upon the Evangelists, before he or they
shall be admitted, allowed, or suffered,
to take upon him or them to use, exercise,
supply, or occupy any such vocation,
office, degree, ministry, room, or service,
as is aforesaid, and that in the open court
whereunto he doth or shall serve or be
long : and if he or they do not or shall
not serve or belong to any ordinary or
open court, then he or they shall take and
pronounce the oath aforesaid; in an open
place before a convenient assembly, to
witness the same, and before such person
or persons as have or shall have autho
rity by common use or otherwise, to
admit or call any such person or per
sons, as is aforesaid, to any such voca

tion, office, ministry, room, or service, or
else before such person or persons, as by
the queen's highness, her heirs or suc
cessors, by commission under the great
seal of England, shall be named or as
signed, to accept and take the same, ac
cording to the tenour, effect, and form
of the same oath verbatim, which is, and
as it is already set forth to be taken, in
the aforesaid act made in
the first year of the queen's i Eliz. e.l.
majesty's reign.
" VI. And also be it enacted by the
authority of this present „ , . ,
i- * n *. u The bishop
parliament, that every arch- inay teiKjeV
hishop and bishop within the oath to
this realm, and dominions a^iritual
of the same, shall have full
power and authority, by virtue of this
act, to tender or minister the oath afore
said, to every or any spiritual or eccle
siastical person within their proper
diocese, as well in places and jurisdic
tions exempt, as elsewhere.
" VII. And be it enacted by the au
thority aforesaid, that the The lord
lord chancellor or keeper of chancellor
the great seal of England %*%£?„
for the time being shall and take the oath
may at all times hereafter, of aI>y person.
by virtue of this act, without further
warrant, make and direct a commission
or commissions under the great seal of
England to any person or persons, giving
them or some of them thereby authority
to tender and administer the oath afore
said to such person or persons as by the
aforesaid commission or commissions
the said commissioners shall be author
ized to tender the same oath unto.
" VIII. And be it also further en
acted by the authority of rrhc penal(y
this present parliament, that for the first
if any person or persons, refusal of the
appointed or compellable
by this act, or by the said act made in
the said first year, to take the said
oath ; or if any person or persons to
whom the said oath by any such com
mission or commissions shall be li
mited and appointed to be tendered, as
is aforesaid, do or shall, at the time of
the said oath so tendered, refuse to take
or pronounce the said oath in manner
and form as aforesaid, that then the
party so refusing, and being thereof law
fully indicted or presented within one
year next after any such refusal, and con
victed or attainted at any time after,
according to the laws of this realm, shall

Appendix.]

AND OTHER RECORDS.

635

suffer and incur the dangers, penalties,
pains, and forfeitures, ordained and pro
vided by the Statute of Provision and
Premunire aforesaid, made in the six
teenth year of the reign of i6 Rich. 2.
King Richard the Second, c- 5.
" IX. And furthermore be it en
acted by the authority afore-
»!fo°f »W. 'h^ a11 »»d "ery such
the King's person and persons, having
^nch. authority to tender the oath
aforesaid, shall whhin forty
days next after such refusal or refusals
of the said oath, if the term be then
open, and if not, then at the first day of
the full term next following the said
forty days, make true certificate under
his or their seal or seals of the names,
places, and degrees of the person or per
sons so refusing the same oath, before
the queen, her heirs or successors, in her
or their court, commonly called the
King's Bench ; upon pain that every of
the said persons having such authority
to tender) the said oath, making default
of such certificate, shall for every such
default forfeit one hundred pounds to
the queen's highness, her heirs or suc-
t\ o<u cessors ; and that the sheriff
of the county where the
said court, commonly called the King's
Bench, shall for the time be holden,
shall or may by virtue of this act im
panel a jury of the same county, to in
quire of and upon every such refusal or
refusals; which jury shall
KeoKe'r!* 0r may upon every suc.h
certificate, and other evi
dence to them in that behalf to be given,
by virtue of this act, proceed to indict
the person and persons so offending in
such sort and degree, to all intents and
purposes, as the same jury may do of
any offence or offences against the
queen's majesty's peace, perpetrated,
committed, or done within the same
county, of and for which the same jury
is so impanelled.
" X. And for stronger defence and
It shall be maintenance of this act, it
treason the is further ordained, enacted,
second time to , . ... , , , ,,
maintain the ano- established by the au-
anthority of thority aforesaid, that if
2:"hS£ a"y such offeni?er " of-
or to refuse fenders, as is aforesaid, or
the oath. the first part or branch of
this statute, that is to say, by writing,
cyphering, printing, preaching, or teach
ing, deed or act, advisedly and wittingly
hold or stand with, to extol, set forth,

maintain, or defend the authority, ju
risdiction, or power of the Bishop of
Rome, or of his see, heretofore claimed,
used, or usurped within this realm, or in
any dominion or country, being of,
within or under the queen's power and
obeisance : or by any speech, open deed,
or act, advisedly and wittingly attribute
any such manner of jurisdiction, autho
rity, or pre-eminence to the said see of
Rome, or to any bishop of the same see
for the time being, within this realm, or
in any the queen's dominions or coun
tries ; or be to any such offender or of
fenders abetting, procuring, or coun
selling, or aiding, assisting, or comfort
ing, upon purpose, and to the intent to
set forth, further, and extol the said
usurped power, authority, or jurisdic
tion, after such conviction and attainder
as is aforesaid, do eftsoons commit or
do the said offences or any of them, in
manner and form aforesaid, and be there
of duly convicted and attainted as is
aforesaid. " XI. And also, that if any the per
sons above named and appointed by this
act to take the oath aforesaid, do after
the space of three months next after the
first tender thereof, the second time re
fuse to take and pronounce, or do not
take and pronounce the same, in form
aforesaid to be tendered, that then every
such offender or offenders, for the same
second offence and offences, shall forfeit,
lose, and suffer such like and the same
pains, forfeitures, judgment and execu
tion, as is used in cases of high treason.
" XII. Provided always, that this
act,' nor any thing therein
centained, nor any attainder ^.0bj^uption
to be had by force and vir- forfeiture of
tue of this act, shall not ex- dower for any
tend to make any corrup- ^"cu b>'
tion of blood, the dishe
riting of any heir, forfeiture of dower,
nor to the prejudice of the right or title
of any person or persons, other than the
right or title of the offender or offenders,
during his, her, or their natural lives
only. " XIII. And that it shall and may
be lawful to every person and persons,
to whom the right or interest of any
lands, tenements, or hereditaments, after
the death of any such offender or of
fenders, should or might have apper
tained, if no such attainder had been, to
enter into the same, without any ouster
le main to be sued, in such sort as he or

636

ANGLO-SAXON DOOMS

[Appendix.

they might have done, if this act had
never been had ne made.
"XIV. Provided also, that the oath
expressed in the said act
How the oath d in the saj(j first
ex pressed
anno 1 Eliz. shall be taken and ex-
c. 1, shall be pounded in such form as
expounded. .g get forth jn an adm0n{m
tion annexed to the queen's majesty's
injunctions, published in the first year
of her majesty's reign ; that is to say, to
confess and acknowledge in her majesty,
her heirs and successors, none other au
thority than that was challenged and
lately used by the noble King Henry the
Eighth and King Edward the Sixth ;
as in the said admonition more plainly
may appear.
'* XV. And be it enacted by the au-
In what courts thority aforesaid, that this
and places act shall be openly read,
this act shall published, and declared at
he published. r ,
every quarter-sessions by
the clerk of the peace, and at every leet
and law-day by the steward of the court,
and once in every term in the open hall
of every house and houses of court and
chancery, at the times, and by the per
sons thereunto to be limited and ap
pointed by the lord chancellor or keeper
of the great seal for the time being,
" XVI. And be it further enacted,
that every person which
ctt.z7nkUndht' hereafter sha11 be elected or
burgess of the appointed a knight, citizen,
parliament, or burgess, or baron for any
shall take the e . . a£ . e J
said oath be- of the five ports, for any
fore the lord parliament or parliaments
dSf °r h" hereafter to be holden, shall
from henceforth, before he
shall enter into the parliament -house,
or have any voice there, openly receive
and pronounce the said oath before the
lord steward for the time being, or his
deputy or deputies for that time to be
appointed : and that he which shall enter
into the parliament-house without taking
the said oath, shall be deemed no knight,
citizen, burgess, nor baron for that par-
liament, nor shall have any voice, but
shall be to all intents, constructions, and
purposes, as if he had never been re
turned nor elected knight, citizen, bur
gess, or baron for that parliament, and
shall suffer such pains and penalties, as
if he had presumed to sit in the same
without election, return, or authority.
" XVII. Provided always, that for-
None of or asmuch as the queen's ma-
above thede- jesiy is otherwise sufficiently

assured of the faith and greeofabaron
loyalty ofthetemporal lords shall be com-
of her high court of par- CtSSSS.
liament ; therefore this act,
nor any thing therein contained, shall
not extend to compel any temporal
person, of or above the degree of a
baron of this realm, to take or pro
nounce the oath abovesaid, nor to incur
any penalty limited by this act, for not
taking or refusing the same ; anything
in this act to the contrary in any wise
notwithstanding. " XVIII. Provided, and be it en
acted by the authority afore
said, that charitable giving Charitable
- a j l * giving of alms
oj reasonable alms to any of to offenders
the offender or offenders shall be no
above specified, without Mture°/ *"'
fraud or covin, shall not be
taken or interpreted to be any such
abatement, procuring, counselling, aid
ing, assisting, or comforting, as thereby
the giver of such alms shall incur any
pain, penalty, or forfeiture appointed in
this act.
" XIX. Provided also, and be it en
acted by the authority of Pee„ oflfend.
this present parliament, that ing shall be
if any peer of this realm tried by their
shall hereafter offend con
trary to this act or any branch or article
thereof, that in that and all such case
and cases they shall be tried by their
peers, in such manner and form as in,
other cases of treasons they have used
to be tried, and by none other means.
" XX. Provided also further, and he
it enacted, that no person
shall be compelled by virtue be 'complied
of this act to take the oath to take the
above-mentioned, at or upon "^ J™ £=.
the second time of offering
the same, according to the form ap
pointed by this statute, except the same
person hath been, is, or shall be an ec
clesiastical person, that had, hath, or
shall have in the time of one of the
reigns of the queen's majesty's most
noble father, brother, or sister, or in
the time of the reign of the queen's
majesty, her heirs or successors, charge,
cure, or office in the church; or such
person or persons as had, hath, or here
after shall have, any office or ministry
in any ecclesiastical court of this realm,
under any archbishop or bishop, in any.
the times or reigns aforesaid ; or such
person or persons as shall wilfully refuse
to observe the orders and rites for divine

Appendix.]

AND OTHER RECORDS.

637

service, that be authorised to be used
and observed in the Church of England,
after that he or they shall be publicly
by the ordinary, or some of his officers
for ecclesiastical causes, admonished to
keep and observe the same ; or such as
shall openly and advisedly deprave by
words, writings, or any other open fact,
any of the rites and ceremonies at any
time used and authorised to be used in
the Church of England; or that shall
say or hear the private mass prohibited
by the laws of this realm ; and that all
such persons shall be compellable to
take the oath upon the second tender or
offer of the same, and incur the penal
ties for not taking of the said oath, and
none other.
" XXI. And forasmuch as it is
doubtful, whether by the
It is not lawful ]aws 0f this realm there be
to slay one . , L - ,
attainted in a any punishment tor such
pmmunire. as kill or slay any person
It V.™. 22. or persons attainted in or
upon a praemunire : be it
therefore enacted by authority afore
said, that it shall not be lawful to any
person or persons, to slay or kill any
person or persons in any manner at
tainted, or hereafter to be attainted, of,
in, or upon any praemunire, by pretence,
reason, or authority of any judgment
given, or hereafter to be given, in or
upon the same, or by pretence, reason,
or force of any word or words, thing or
things contained or specified in any
Statute, or Law of Provision and Prae
munire or in any of them ; any law,
statute, or opinion, or exposition of any
law or statute to the contrary in any
wise notwithstanding.
" XXII. Saving always the due ex-
Punishments ecution of a11 and eve,T pei;-
infflctedby son and persons attainted,
former laws. or t0 be attainted, for any
offence whereupon judgment of death
now is or ought to be, or hereafter may
lawfully be given, by reason of this
statute or otherwise ; and saving always
all and every such pains of death, or
other hurt or punishment, as heretofore
might, without danger of law, be done
upon any person or persons that shall
send or bring into this realm, or any
other the queen's dominions, or within
the same, shall execute any summons,
sentence, excommunication, or other
process against any person or persons,
from the Bishop of Rome for the time
heing, or by or from the see of Rome,

or the authority or jurisdiction of the
same see.
" XXIII. Provided always, and be
it enacted by the authority T, , ,.
c . ¦ .{ . J Upon what
aforesaid, that no person proof only any
or persons shall hereafter person may be
be indicted for assisting, indicted-
aiding, maintaining, comforting, or
abetting of any person or persons for
any the said offences, in extolling, set
ting forth, or defending of the usurped
power and authority of the Bishop of
Rome, unless he or they be thereof law
fully accused by such good and suffi
cient testimony or proof, as by the jury
by whom he shall so be indicted, shall
be thought good, lawful, and sufficient,
to prove him or them guilty of the said
offences."

a.„. 1565. Stat. 8 ELIZABETHS.
Chapter I.
An Act declaring the making and conse
crating of the Archbishops and Bishops
of this Realm to be good, lawful, and
perfect.
" Forasmuch as divers questions, by
overmuch boldness of speech
, . n . ,. Acts made
and talk amongst many of sjnce j E|iz
the common sort of people, for the conse-
being unlearned, hath lately ?la'«"s> ">*«*-
° ; , . •> ing, &c. of any
grown upon the making archbishop or
and consecrating of arch- bishop, shall
bishops and bishops within rjyer°234.
this realm, whether the A question
same were and be duly and whe*er the
orderly done, according to bishops were
the law, or not, which is du'y and
much tending to the slan- orderly donc-
der of all the state of the clergy, being
one of the great states of this realm :
therefore, for the avoiding of such slan
derous speech, and to the intent that
every man that is willing to know the
truth, may plainly understand that the
same evil speech and talk is not grounded
upon any just matter or cause, it is
thought convenient hereby partly to
touch such authorities as do allow and
approve the making and consecrating of
the same archbishops and bishops to be
daly and orderly done, according to the
laws of this realm, and thereupon fur
ther to provide for the more surety
thereof, as hereafter shall be expressed.
"II. First, it is very well known to
all degrees of this realm,
that the late king of most ^6jHcn- 8-
famous memory, King

638

ANGLO-SAXON DOOMS

[A:

»WWV',

25 Hen. 8,
c. 20.

Henry the Eighth, as well by all the
clergy then of this realm, in their seve
ral convocations, as also by all the lords
spiritual and temporal, and commons,
assembled in divers of his parliaments,
was justly and rightfully recognised and
knowledged to have the supreme power,
jurisdiction, order, rule, and authority
over all the estate ecclesiastical of the
same, and the same power, jurisdiction,
and authority did use accordingly : and
that also the said late king,
in the fi ve and twentieth year
of his reign, did by authority
of parliament, amongst other things, set
forth a certain order of the manner and
form how archbishops and bishops,
within this realm, and other his domin
ions, should be elected and made, as by
the same more plainly appeareth : and
that also the late king of worthy me
mory, King Edward the Sixth, did law
fully succeed the late King Henry his
father, in the imperial crown of this
realm, and did justly possess and enjoy
all the same power, jurisdiction, and au
thority before mentioned, as a thing to
him descended with the same imperial
crown, and so used the same during his
life : and that also the said late King
Edward the Sixth, in his
5 & 6TMw. 6, timei by authority of par.
liament, caused a godly and
virtuous book, intituled ' The Book of
Common Prayer, and Administration of
Sacraments, and other Rites and Cere
monies in the Church of England,' to
be made and set forth, not only for one
uniform order of service, common prayer,
and the administration of sacraments, to
be used within all this realm, and other
his dominions, but also did add and put
to the same book a very good and godly
order of the manner and form how arch
bishops, bishops, priests, deacons, and
ministers should from time to time be
consecrated, made, and ordered within
this realm and other his dominions, as
by the same will and may appear ; and
although in the time of the
c.i2P'*M' )atB Queen Mary- as wel1
the said act and statute
made in the five and twentieth year of
the reign of the said late King Henry
the Eighth, as also the several acts and
statutes made in the second, third, fourth,
fifth, and sixth years of the reign of the
said late King Edward, for the author
ising and allowing the said Book of
Common Prayer, and other the pre

mises, amongst divers other acts and
statutes touching the said supreme au-,
thority, were repealed : yet nevertheless
at the parliament holden at
Westminster in the first 1E1!*e-1.
year of the reign of our sovereign lady
the queen's majesty that now is, by one
other act and statute there made, all such
jurisdictions, privileges, superiorities, and
pre-eminences spiritual and ecclesiasti
cal, as by any spiritual or ecclesiastical
power or authority hath heretofore been
or may lawfully be used over the eccle
siastical estate of this realm, and the
order, reformation, and correction of the
same, is fully and absolutely by the au
thority of the same parliament, united
and annexed to the imperial crown of
this' realm : and by the same act and
statute there is also given to the queen's
highness, her heirs and successors, kings
and queens of this realm, full power and
authority, by letters patent under the
great seal of England, from time to time
to assign, name, and authorise such per
son or persons as she or they shall think
meet and convenient, to exercise, use,
occupy, and execute under her highness,
all manner of jurisdiction, privileges,
pre-eminences, and authorities, in any
wise touching or concerning any spi-i
ritual or ecclesiastical power or jurisdic
tion within this realm, or any other her
highness' dominions or countries ; and
also by the same act and statute, the
said act made in the five and twentieth
year of the reign of the said late King
Henry the Eighth, for the order and
form of the electing and making of the
said archbishops and bishops, together
with divers other statutes touching the
jurisdiction over the state ecclesiastical,
is revived and made in full force and
effect, as by the same act and statute
more plainly appeareth : and that also
by another act and statute made in the
said parliament in the first year of the
reign of our said sovereign lady, inti
tuled ' An Act for the Uni
formity of Common Prayer, ' Ehz- "
and Service in the Church, and the Ad
ministration of Sacraments,' the said
Book of Common Prayer, and the Ad
ministration of Sacraments, and other
the said orders, rites, and ceremonies be
fore mentioned, and all things therein
contained, with certain additions therein
newly added and appointed by the said
statute, is fully established and autho
rised to be used in all places within this

Appendix.]

AND OTHER RECORDS.

639

realm, and all other the queen's majesty's
dominions and countries; as by the said
act, amongst other things, more plainly
appeareth: whereupon our said sovereign
Jady the queen's most excellent majesty,
being most justly and lawfully invested
in the imperial crown of this realm,
with all authorities, pre-eminences, and
dignities thereto appertaining, and there
by having in her majesty's order and
.disposition all the said jurisdictions,
power, and authorities over the state
ecclesiastical and temporal, as well in
causes ecclesiastical as temporal, within
this realm and other her majesty's do
minions and countries, hath by her su
preme authority at divers times sithence
the beginning of her majesty's reign,
caused divers and sundry grave and well
learned men to be duly elected, made,
and consecrated archbishops and bishops
of divers archbishopricks and bishop
ricks within this realm, and other her
majesty's dominions and countries, ac
cording to such order and form, and
with such ceremonies in and about their
consecrations as were allowed and set
forth by the said acts, statutes, and orders,
annexed to the Book of Common Prayer
before-mentioned: and fur-
herTprlme' *"• f°! ?he avoiding of all
authority ambiguities and questions
caused divers that might be objected
eJecfedand * against the lawful confirm-
consecrated ations, investing, and con-
archbishops si(.rations of the said arch-
and bishops. .
bishops and bishops, her
highness, in her letters patents under the
great seal of England, directed to any
archbishop, bishop, or others, for the con
firming, investing, and consecrating of
any person elected to the office or dignity
of any archbishop or bishop, hath not only
used such words and sentences as were
accustomed to be used by the said late
King Henry and King Edward, her ma
jesty's father and brother, in their like
letters patents made for such causes, but
The queen's als0 batn useQ ana Put ln
dispensation of her majesty's said letters
all doubts of patents divers other general
imperfections r , , s ,
or disability wordsand sentences, where
of electing by her highness, by her
18 ops* supreme power and autho
rity, hath dispensed with all causes or
doubts of any imperfection or disability
that can or may in any wise be objected
against the same, as by her majesty's
said letters patents remaining of record
more plainly will appear : so that to all

those that will well consider of the effect
and true intent of the said laws and sta
tutes, and of the supreme and absolute
authority of the queen's highness, and
which she, by her majesty's said letters
patents, hath used and put in use in
and about the making and consecrating
of the said archbishops and bishops, it
is and may be very evident and appa
rent, that no cause of scruple, ambiguity,
or doubt, can or may justly be objected
against the said elections, confirmations,
or consecrations, or any other material
thing meet to be used or had in or about
the same ; but that every thing requisite
and material for that purpose hath been
made and done as precisely, and with as
great a care and diligence, or rather more,
as ever the like was done before her ma
jesty's time, as the records of her ma
jesty's said father and brother's time, and
also of her own time, will more plainly
testify and declare.
" III. Wherefore for the plain de
claration of all the pre- A conflrnla.
mises, and to the intent that tion of the
the same may the better statute of
, , . J „ ., 1 Eliz. c. 2.,
be known to every of the touching the
queen's majesty's subjects, Book of Com-
whereby such evil speech Td^Ss-
as heretofore hath been used tration of the
against the high state of Sacraments.
prelacy may hereafter cease, be it now
declared and enacted by the authority of
this present parliament, that the said act
and statute made in the first year of the
reign of our said sovereign lady the
queen's majesty, whereby the said Book
of Common Prayer and the Administra
tion of Sacraments, with other rites and
ceremonies, is authorised and allowed to
be used, shall stand and remain good
and perfect, to all respects and purposes :
and that such order, and form for the
consecrating of archbishops .
, , . , j « .. Aconnrma-
and bishops, and tor the tion of the
making of priests, deacons, statute of
and ministers, as was set *! & 6 Edw.
„ . . , . ,. , -j o. c. l., touch-
forth in the time of the said ing the form
late King Edward the Sixth, of consecrating
and added to the said Book JJf 15 ops'
of Common Prayer, and
authorised by parliament in the fifth and
sixth years of the said late king, shall
stand and be in full force and effect, and
shall from henceforth be used and ob
served in all places within this realm,
and other the queen's majesty's domin
ions and countries.
" IV. And that all acts and things

640

ANGLO-SAXON DOOMS

[Appendix.

All acts done heretofore had, made, or
by any person done by any person or per-
about conse- sons ;n or about any conse-
invSiigany cration, confirmation, or
person elected investing of any person or
to he bishop persons elected to the office
by virtue of r .
the queen's or dignity of any archbishop
letters patent or bishop within this real m,
SSSgrf or within any other the
her reign, queen's majesty's dominions
shall be good. or countrieSj by virtue of
the queen's majesty's letters patents or
commission sithence the beginning of
her majesty's reign, be and shall be by
authority of this present parliament de
clared, judged, and deemed at and from
every of the several times of the doing
thereof, good and perfect to all respects
and purposes ; any matter or thing that
can or may be objected to the contrary
thereof in any wise notwithstanding.
" V. And that all persons that have
been, or shall be made, or-
m"lePanTto ^red, or consecrated arch-
be made bishops, bishops, priests,
bishops, ministers of God's holy word
tcrsS&c.™ac- " and sacraments, or deacons,
cording to the after the form and order
EdwVc5? 6 Prescribed in the said order
be rightly ' and form how archbishops,
made. . bishops, priests, deacons,
and ministers should be con
secrated, made, and ordered, be in very
deed, and also by authority hereof de
clared and enacted to be, and shall be
archbishops, bishops, priests, ministers,
and deacons, and rightly made, ordered,
and consecrated ; any statute, law, canon,
or other thing to the contrary notwith
standing. "VI. Provided always, and never-
v, theless be it enacted by the
No person . ¦ i ,
shall be im- authority aforesaid, that no
peached by person or persons shall at
any certificate ,. , c. ,
of any bishop anY time hereafter^ be im-
heretofore peached or molested, in body,
Eg theoaS 'of landsr livinss> or g°°£s> ky
supremacy occasion or mean of any
made. certificate by any archbishop
IZ' c" * or bishop heretofore made,
or before the last day of this present
session of parliament to be made, by
virtue of any act made in the first ses
sion of this present parliament, touching
or concerning the refusal of the oath
declared and set forth by act of parlia
ment in the first year of the reign of our
said sovereign lady Queen Elizabeth ;
any thing in this act, or any other act or

statute heretofore made to the contrary
notwithstanding. " And that all tenders of the said oath,
made by any archbishop or bishop afore
said, or before the last day of this pre
sent session to be made by authority of
any act established in the first session of
this present parliament, and all refusals
of the same oath so tendered' or before
the last day of this present session to be
tendered, by any archbishop or bishop,
by authority of any act established in the
first session of this present parliament,
shall be void and of none effect or vali-
dity in the law."

Stat. 13 ELIZABETHS, B. 2.
a. o. 1570.
An Act against the bringing in, and put*
ting in execution of Bulls, Writings, or
Instruments, and other superstitious
things, from the See of Rome.
" Where in the parliament holden at
Westminster in the fifth A rehearsal of
year of the reign of our the statute of
sovereign lady the queen's 5 Eliz. c.I.,
. L ° ,, ,. J . \ touching the
majesty that now is, by one abolishing of
act and statute then and the authority
there made, intituled, < An °^h,epJ5°P
' ' and see of
Act for the assurance or Rome.
the Queen's Majesty's Royal
Power over all States and Subjects within
her Highness* Dominion,' it is among
other things very well* ordained and
provided, for the abolishing of the
usurped power and jurisdiction of the
Bishop of Rome and of the see of Rome,
heretofore unlawfully claimed and
usurped within this realm, and other the
dominions to the queen's majesty be
longing, that no person or persons shall
hold or stand with, to set forth, main
tain, defend, or extol, the same usurped
power, or attribute any manner of juris
diction, authority, or pre-eminence, to
the same, to be had or used within this
realm, or any the said dominions, upon
pain to incur the danger, penalties, and
forfeitures, ordained and provided by
the Statute of Provision and Praemunire,
made in the sixteenth year
of the reign of King Rich- • » • •
ard the Second, as by the same act
more at large it doth and may appear:
and yet nevertheless, divers seditious and
very evil-disposed people, without the
respect of their duty to Almighty God,

Appendix.]

AND OTHER RECORDS.

641

or of the faith and allegiance which they
ought to bear and have to our said so
vereign lady the queen, and without all
fear and regard had to the said good law
and statute, or the pains therein limited,
hut minding, as it should seem, very se
ditiously and unnaturally, not only to
bring this realm and the imperial crown
thereof (being in very deed of itself
most free), into the thraldom and sub
jection of that foreign, usurped, and un
lawful jurisdiction, pre-eminence, and
authority, claimed by the said see of
Rome ; but also to estrange and alienate
the minds and hearts of sundry of her
majesty's subjects from their dutiful
obedience, and to raise and stir sedition
and rebellion within this realm, to the
disturbance of the most happy peace
thereof; have lately procured and ob
tained to themselves from
The effect of the said Bishop of Rome
SS' and his said see, divers
bulls and writings, the ef
fect whereof hath been, and is, to ab
solve and reconcile all those that will
be contented to forsake their due obedi
ence to our most gracious sovereign lady
the queen's majesty, and to yield and
subject themselves to the said feigned,
unlawful, and usurped authority ; and
by colour of the said bulls and writings,
the said wicked persons very secretly,
and most seditiously, in such parts of
this realm where the people for want of
good instruction, are most weak, simple,
and ignorant, and thereby farthest from
the good understanding of their duties
towards God and the queen's majesty,
have by their lewd and subtil practices
and persuasions so far forth wrought,
that sundry simple and ignorant persons
have been contented to be reconciled to
to the said usurped authority of the see
of Rome, and to take absolution at the
hands. of the said naughty and subtil
practisers ; whereby hath grown great
disobedience and boldness in many, not
only to withdraw and absent themselves
from all divine service, now most godly
set forth and used within this realm, but
have also thought themselves discharged
of and from all obedience, duty, and
allegiance, to her majesty, whereby most
wicked and unnatural rebellion hath en
sued, and to the further danger of this
realm is hereafter very like to be re
newed, if the ungodly and wicked at
tempts in that behalf be not by severity
of laws in time restrained and bridled :

" II. For remedy and redress whereof,
anditopreventthegreatmis- t, i4..
, . c r , . & , Putting in ure
chiefs and inconveniences any bull of
that thereby may ensue, be absolution or
:+ „„ . i i A. , reconciliation
it enacted by the queen s from tne
most excellent majestyywith Bishop of
the assent of the lords spiri- Rome*
tual and temporal, and the commons, in
this present parliament assembled, and by
the authority of the same, that if any per -
son or persons, after the first day of July
next coming, shall use or put in ure in
any place within this realm, or in any
of the queen's dominions, any such bull,
writing, or instrument, written or
printed, or absolution or reconciliation,
at any time heretofore obtained and gotten,
or at any time hereafter to be obtained
or gotten, from the said Bishop of Rome
or any his successors, or from any other
person or persons authorized or claiming
authority by or from the said Bishop of
Rome, his predecessors, or successors, or
seeof Rome; orifanyperson Absolving or
or persons after the said reconciling of
first day of July shall take anl Person,
, . ,, J . , and being
upon him or them, by colour absolved or
of any such bull, writing, reconciled.
instrument, or authority, to absolve or
reconcile any person or persons, or to
grant or promise to any person or per
son within this realm, or any other the
queen's majesty's dominions, any such
absolution or reconciliation, by any
speech, preaching, teaching, writing, or
any other open deed ; or if any person
or persons within this realm or any the
queen's dominions, after the said first day
of July shall willingly receive and take
any such absolution and reconciliation :
" III. Or else if any person or per
sons have obtained or Getting of any
gotten since the last day of bull from
the parliament holden in *°™'e an"
the first year of the queen's matter what-
majesty's reign, or after the solv,?rior
said first day of July shall putting in ure
obtain or get, from the said the same.
Bishop of Rome, or any his J0'6nst- 101-
successors or see of Rome, Dyer, 303.
any manner of bull, writing, P1- 25-
or instrument, written or printed, con
taining any thing, matter, or cause,
whatsoever, or shall publish, or by any
ways or means put in ure, any such bull,
writing, or instrument ; that then all
and every such act and acts, offence and
offences, shall be deemed and judged by
the authority of this act to be high
treason ; and the offender and offenders

VOL. III.

T T

642

ANGLO-SAXON DOOMS,

[A

PPENDIX.

therein, their procurers, abettors, and
counsellors, to the fact and committing
of the said offence or offences, shall be
deemed and adjudged high traitors to
the queen and the realm ; and being
thereof lawfully indicted and attainted
according to the course of the laws of this
realm, shall suffer pains of death, and
also lose and forfeit all their lands, tene
ments, hereditaments, goods, and chat
tels, as in cases of high treason by the
laws of this realm ought to be lost and
forfeited. " IV. And be it further enacted by
Aiders com- the authority aforesaid, that
forters, and all and every aiders, com-
maintainers of forters, or maintainers, of
offenders after ,, . -, «. j
the offence. any the said offender or
16 Rich. 2, offenders, after the com
mitting of any the said acts
or offences, to the intent to set forth
uphold, or allow the doing or execution
of the said usurped power, jurisdiction,
or authority, touching or concerning the
premises, or any part thereof, shall incur
the pains and penalties contained in the
Statute of Praemunire, made in the six
teenth year of the reign of King Richard
the Second.
" V. Provided always, and be it
further enacted by the au-
noTdSng th°"*y af°resaid' that if
a bull or any person or persons, to
rlfTOndUiati0n wnom any suen absolution,
reconciliation, bull, writing
or instrument, as is aforesaid, shall after
the said first day of July be offered,
moved or persuaded to be used, put in
ure, or executed, shall conceal the same
offer, ~ motion, or persuasion, and not
disclose and signify the same by
writing or otherwise, within six weeks
then next following, to some of the
queen's majesty's privy council, or else
to the president or vice-president of the
queen's majesty's council established in
the north parts, or in the marches of
Wales, for the time being, that then the
same person or persons so concealing
and not disclosing, or not signifying,
the said offer, motion, or persuasion,
shall incur the loss, danger, penalty, and
forfeiture, of misprision of high treason :
" VI. And that no person or persons
shall at anytime hereafter he impeached,
molested, or troubled, in or for misprision
of treason, for any offence of offences
made treason by this act, other than
such as by this act are before declared to
be in case of misprision of high treason.

" VII. And be in further enacted by
the authority aforesaid, that
if any person or persons Bringing into
, „ ' r .. £ ., the realm, or
shall at any time after the using of Agnus
said first day of July bring Dei, pictures,
into this realm of England, cr08ses' &c"
or any the dominions of the same, any
token or tokens, thing or things, called
or named by the name of Agnus Dei, or
any crosses, pictures, beads, or such like
vain and superstitious things, from the
bishop or see of Rome, or from any
person or persons authorized or claiming
authority by or from the said bishop or
see of Rome, to consecrate or hallow the
same ; (which said Agnus Dei is used to
be specially hallowed and consecrated, as
it is termed, by the said bishop in his own
person, and the said crosses, pictures,
beads, and such like superstitious things,
being also hallowed either by the same
bishop, or by others having power or
pretending to have power for the same
by or from him or his said see ; and
divers pardons, immunities, and exemp
tions granted by the authority of the
said see to such as shall receive and use
the same ¦.) and that if the same person
or persons so bringing in, as is aforesaid,
such Agnus Dei and other like things as
have been before specified, shall deliver,
or cause or offer to be delivered, the same,
or "any of them, to any subject of this
realm, or of any the dominions of the
same, to be worn or used in any wise :
that then, as well the same person and
persons so doing, as also all and every
other person or persons which shall
receive and take the same, to the intent
to use or wear the same, being thereof
lawfully convicted and attained by the
order of the common laws of this realm,
shall incur the dangers, penalties, pains,
and forfeitures, ordained and provided
by the Statute of Praemunire
and Provision made in the 16 Rich. 2,
sixteenth year of the reign c' '
of King Richard the Second.
" VIII. Provided nevertheless, and
be it further enacted by Apprehe„dinB
the authority aforesaid, an offender, or
that if any person or per- disclosing his
, , name.
sons to whom any such
Agnus Dei or other the things aforesaid
shall be tendered and offered to be de
livered, shall apprehend the party so
offering the same, and bring him to the
next justice of peace of that shire where
such tender shall be made, if he shall be
of power and able so to do, or for lack

Appendix.]

AND OTHER RECORDS.

643

of such ability shall within the space of
three days next after such offer made as
is aforesaid, disclose the name and
names of such person or persons as so
shall make the same offer, and the
dwelling place or place of resort of the
same person or persons, (which he shall
endeavour himself to know by all the
ways and means he can,) to the ordinary
of that diocese, or to any justice of peace
of that shire where such
Delivering an ,
Agnus Dei to Person or persons to whom
the ordinary, such offer shall be made
or a justice of as ;s aforesaiQ shall be re-
siant ; and also if such per
son or persons to whom such offer shall
be made shall happen to receive any
such Agnus Dei or other thing above
remembered, and shall within the space
of one day next after such receipt de
liver the same to any justice of peace
within the same shire where the party
so receiving shall be then resiant or
shall happen to be : that then every
such person or persons doing any the
acts or things in this provision above-
mentioned, in form above-declared, shall
not by force of this statute incur any
danger or penalty appointed by this
statute, or any other pain or penalty ;
this act or any thing therein contained
to the contrary in any wise notwith
standing. " IX. And be it further enacted
A pardon to b? the authority aforesaid,
them that shall that all and every person
bring in to be an(j persons which at any
cancelled those . . ., , JP
bulls which time since the beginning of
before they the first year of the queen's
received. majesty's reign that now
is, have brought or caused to be brought
into this realm any such bulls, writings,
or instruments of reconciliation only as
are above mentioned, and now have any
of the same bulls, writings, or instru
ments in his or their hands or custody,
and shall and do, within the space of
three months next after the end of any
session or dissolution of this present
parliament, bring and deliver all such
bulls, writings, and instruments which
they or any of them now have in his or
their custody to tbe bishop of the dio
cese where such absolution hath been
given and received, to the intent that
the same bulls, writings, or instruments
may be cancelled and defaced, and shall
openly and publicly before such bishop
confess and acknowleege his or their
offence therein, and humbly desire to be

received, restored, and admitted to the
Church of England, shall stand and be
clearly pardoned and discharged of all
and every offence and offences done or
committed in any matter or cause con
cerning any of the said bulls, writings,
or instruments for or touching such ab.
solution or reconciliation only. And
that all and every person or persons
which have received or taken any abso
lution from the said Bishop
of Rome, or his said see of 4,Pardon °f .
t, - .,. all those that
itome, or ot any reconciha- have been
tion unto the said Bishop reconciled to
of Rome or to the said see gomtana °o
of Rome, sithence the said confess it, and
first year of the reign of *u£™it; them"
our said sovereign lady the
queen, and shall, within the said space
of three months next after any session or
dissolution of this present parliament,
come before the bishop of the diocese of
such place where such absolution or
reconciliation was had or made, and
shall publicly and openly before the
same bishop confess and acknowledge
his or their offence therein, and humbly
desire to be received, restored, and ad
mitted to the Church of England, shall
likewise stand and be clearly pardoned
and discharged of all and every offence
and offences done or committed in any
matter or cause concerning the said bulls,
writings, or instruments, for or touch
ing only receiving of such absolution or
reconciliation, and for and concerning
all absolution or reconciliation had or
received by colour of any the said bulls,
writings or instruments only.
" X. Provided also, and be it further
enacted by the authority T. a „ ,. „
c ¦, ;. , -^ . J The penalty of
aforesaid, that it any jus- a justice of
tice of peace to whom any peace not
matter or offence before- offence^ E"
mentioned shall be uttered, declared unto
showed, or declared as is m-
aforesaid, do not, within the space of
fourteen days next after it shall be to
showed or uttered, signify or declare the
same to some one of the queen's ma
jesty's privy council, that then the same
justice of peace shall incur the danger,
pain, and forfeiture provided by the said
statute made in the said sixteenth year of
King Richard the Second.
" XI. Provided also, and be it fur
ther enacted by the autho
rity aforesaid, that if any J'?*1 of a .
f. , . v nobleman by
nobleman, being a peer ot his peers.
this realm, shall at any

644

ANGLO-SAXON DOOMS,

[Ar

time hereafter happen to be indicted for
the offence or offences aforesaid, that
then every such nobleman and peer of
this realm shall have his trial by his
peers, as in cases of high treason and
misprision of treason hath heretofore
been accustomed or used :
" XII. Saving to all and every per
son and persons, bodies
thearighfs°of P°?itic and corporate, their
others. Fur- heirs and successors, and
ther provisions the heirs and successors of
hereto, every of them, other than
13 & 14 Car. 2, the said offenders and their
c" e- i5Ga&2, he*rs clanl"ng only as ne*r
M. St. 1, c. 18; or heirs to any such of-
5 Ann. c. 5 ; fenders, and such person ¦
c.n28. 'e° * anc* Persons as claim to any
their uses, all such rights,
titles, interests, possessions, leases, rents.
reversions, remainders, offices, fees, and
all other profits, commodities, and here
ditaments as they or any of them shall
have at the day of the committing of
such offence or offences, or at any time
before, in as large and ample a manner
to all intents and purposes as if this act
had never been had nor made ; anything
herein contained to the contrary thereof
notwithstanding."

Stat. 23 ELIZABETHS, u. 1.
A.T>. 1851.
An Act to retain the Queen's Majesty's
Subjects in their due Obedience.
" Where sithence the statute made in
the thirteenth year of the
¦.
3 Inst. 198.

Shz. c. 2. reign 0f the queen our so

vereign lady, intituled, ' An
Act against the bringing in, and putting
in execution of Bulls, "Writings, and
Instruments, and o'ther superstitious
things from the See of Rome,' divers
evil affected persons have practised, con
trary to the meaning of the said statute,
by other means than by bulls or instru
ments written or printed, to withdraw
divers the queen's majesty's subjects
from their natural obedience to her ma
jesty, to obey the said usurped authority
of Rome, and in respect of the same to
persuade great numbers to withdraw
their due obedience from her majesty's
laws, established for the due service of
Almighty God.
"II. For reformation whereof, and

to declare the true mean-
ing of the said law, be it SgdSwtomj
declared and enacted by from the reli-
the authority of this pre- gJ™eJ?-
v * *u * n bushed to the
sent parliament, that all Romish reli-
persons whatsoever, which gion.
have or shall have, or shall l :Leon-239*
pretend to have power, or shall by any
ways or means put in practice to absolve,
persuade, or withdraw any of the queen's
majesty's subjects, or any within herhigh-
ness's realms and dominions, from their
natural obedience to her majesty : or to
withdraw them for that intent from the
religion now by her highness's authority
established within her highness's domi
nions, to the Romish religion, or to
move them or any of them to promise
any obedience to any pretended au
thority of the see of Rome, or of any
other prince, state, or potentate, to be
had or used within her dominions, or
shall do any overt act to that intent or
purpose ; and every of them shall be to
all intents adjudged to be traitors, and
being thereof lawfully convicted, shall
have judgment, suffer and forfeit, as in
case of high treason. And
if any person shall, after g^Sb.
the end of this session of reconciled or
parliament, by any means withdrawn to
i -i,. , J , i j the Romish
be willingly absolved or religion.
withdrawn as aforesaid, or
willingly be reconciled, or shall promise
any obedience to any such pretended
authority, prince, state, or potentate, as
is aforesaid, that then every such person,
their procurers and counsellors there
unto, being thereof lawfully convicted,
shall be taken, tried, and judged, and
shall suffer and forfeit as in cases of
high treason."

Stat. 10 GEORGII IV. c.7. a.d. 1829.
Au Act for the Relief of His Majesty's
Roman Catholic Subjects.
" Whereas by various acts of parlia
ment certain restraints and disabilities
are imposed on the Roman catholic sub
jects of his majesty, to which other sub
jects of his majesty are not liable ; and
whereas it is expedient that such re
straints and disabilities shall be from
henceforth discontinued; and whereas
by various acts certain oaths and certain
declarations, commonly called the de
claration against tran substantia tion, and
the declaration against transubstantiation

Appendix.]

AND OTHER RECORDS.

645

and the invocation of saints and the sacri
fice of the mass, as practised in the
church of Rome, are or may be required
to be taken, made, and subscribed, by
the subjects of his majesty, as qualifica
tions for sitting and voting in parliament,
and for the enjoyment of certain offices,
franchises, and civil rights; be it en
acted by the king's most excellent ma
jesty, by and with the advice and consent
of the lords spiritual and temporal, and
commons in this present parliament as
sembled, and by the au-
fotaSSns thority of the same, that
against tran- from and after the com-
r"bealediati0n' mencement of this act ali
such parts of the said acts
as require the said declarations, or either
of them, to be made or subscribed by
any of his majesty's subjects, as a quali
fication for sitting and voting in parlia
ment, or for the exercise or enjoyment of
any office, franchise, or civil right, be
and the same are (save as hereinafter
provided and excepted) hereby repealed.
"II. And be it enacted, that from
and after the commence-
,?°™" c.f,h0- ment of this act it shall be
lies may sic . „ n _
and vote in lawful for any person pro-
parliament on fessing the Roman catholic
taking the fol- r • t, •
lowing oath, religion, being a peer, or
who shall after the com
mencement of this act be returned as a
member of the house of commons, to sit
and vote in either house of parliament
respectively, being in all other respects
duly qualified to sit and vote therein,
upon taking and subscribing the fol
lowing oath, instead of the oaths of al
legiance, supremacy, and abjuration:
" ( I, A. B.j do sincerely promise and
swear, that I will be faithful and bear
true allegiance to his majesty King
George the Fourth, and will defend him
to the utmost of my power against all
conspiracies and attempts whatever,
which shall be made against his person,
crown, or dignity ; and I will do my
utmost endeavour to disclose and make
known to his majesty, his heirs, and suc
cessors, all treasons and traitorous con
spiracies which may be formed against
him or them ; and I do faithfully promise
to maintain, support, and defend, to the
utmost of my power, the succession of
the crown, which succession, by an act,
intituled," An Act for the further Limi
tation of the Crown, and better securing
the Rights and Liberties of the Subject,"
is and stajids limited to the Princess T T

Sophia, electress of Hanover, and the
heirs of her body, being protestants ;
hereby utterly renouncing and abjuring
any obedience or allegiance unto any
other person claiming or pretending a
right to the crown of this realm ; and I
do further declare, that it is not an
article of my faith, and that I do re
nounce, reject, and abjure the opinion,
that princes excommunicated or deprived
by the Pope, or any other authority of
the see of Rome, may be deposed or
murdered by their subjects, or by any
person whatsoever ; and I do declare,
that I do not believe that the Pope of
Rome, or any other foreign prince,
prelate, person, state, or potentate, hath
or ought to have any temporal; or' civil
jurisdiction, power, superiority, or pre
eminence, directly or indirectly, within
this realm. I do swear that 1 will
defend, to the utmost of my power, the
settlement of property within this realm,
as established by the laws ; and I do
hereby disclaim, disavow, and solemnly
abjure any intention to subvert the
present church establishment as settled
by law, within this realm; and I do
solemnly swear, that I never will ex
ercise any privilege to which I am or
may become entitled, to disturb or
weaken the protestant religion or protest-
ant government in the United Kingdom ;
and I do solemnly, in the presence of
God, profess, testify, and declare, that I
do make this declaration, and every part
thereof, in the plain and ordinary sense
of the words of this oath, without any
evasion, equivocation, or mental reserv
ation whatsoever. " So help me God." '
" III. And be it further enacted, that
wherever, in the oath hereby
appointed and set forth, the ^name.of
name of his present majesty for the time
is expressed or referred to, being to he
,, L - ,, - used in the
the name of the sovereign oatll
of this kingdom for the
time being, by virtue of tbe act for the
further limitation of the crown and
better securing the rights and liberties
of the subject, shall be substituted from
time to time, with proper words of re
ference thereto.
" IV. Provided always, and be it further
enacted, that no peer pro- No Koman
fessing the Roman catholic catholic
religion, and no person pro- «¦§*£*
fessing the Roman catholic voting until he
religion, who shall be re- has taken the
turned a member of the oat -
3

64,6

ANGLO-SAXON DOOMS,

[Ap

house of commons, after the commence
ment of this act, shall be capable of sitting
or voting in either bouse of parliament re
spectively, unless he shall first take and
subscribe the oath hereinbefore appointed
and set forth before the same persons, and
at the same times and places, and in the
same manner as the oaths and the declara
tion now required bylaw are respectively
directed to be taken, made, and sub
scribed; and that any such person pro
fessing the Roman catholic religion, who
shall sit or vote in either house of par
liament, without having first taken and
subscribed, in the manner aforesaid, the
oath in this act appointed and set forth,
shall be subject to the same penalties,
forfeitures, and disabilities, and the
offence of so sitting or voting shall be
f611owed and attended by and with the
same consequences, as are by law enacted
and provided in the case of persons sitting
or voting in either house of parliament
respectively, without the taking, making
and subscribing the oaths and the de
claration now required by law.
" V. And be it further enacted, that
it shall be lawful for per-
JSSS/vStS" sons Professing the Roman
al elections, catholic religion to vote at
and be elected, elections of members to
"he'oath!^ serve in parliament for Eng
land and for Ireland, and
also to vote at the elections of represen
tative peers of Scotland and of Ireland,
and to be elected such representative
peers, being in all other respects duly
qualified, upon taking and subscribing
the oath hereinbefore appointed and set
forth, instead of the oaths of allegiance,
supremacy, and abjuration, and instead
of the declaration now by law required,
and instead also of such other oath or
oaths as are now by law required to be
taken by any of his majesty's subjects,
professing the Roman catholic religion,
and upon taking also such other oath or
oaths as may now be lawfully tendered
to any person offering to vote at such
elections. " VI. And be it further enacted, that
/wi. 1.HV tne oatn hereinbefore ap-
Oath shall be , j j . r , , K,
administered pointed and set forth shall
in the same be administered to his ma-
formefoaths. iesty\ subJects Professing
the Roman catholic re-
ligion, for the purpose of enabling them
to vote in any of the cases aforesaid, in
the same manner, at the same time, and
by the same officers or other persons as

the oaths for which it is hereby substi
tuted are or may be now by law ad
ministered ; and that in all cases in
which a certificate of the taking, making,
or subscribing, of any of the oaths, or of
the declaration now required by law is
directed to be given, a like certificate of
the taking or subscribing of tbe oath
hereby appointed and set forth shall be
given by the same officer or other person,
and in the same manner as the certificate
now required by law is directed to be given,
and shall be of the like force and effect.
" VII, And be it further enacted,
that in all cases where the
persons now authorized by Persons ad-
law to administer the oaths ™ths at elec-
of allegiance, supremacy, tions to take
and abjuration, to persons Antler.
voting at elections, are
themselves required to take an oath pre
vious to their administering such oaths,
they shall, in addition to the oath now
by them taken, take an oath for the duly
administering the oath hereby appointed
and set forth, and for the duly granting
certificates of the same.
" VIII. And whereas in an act of
the parliament of Scotland
made in the eighth and f°y™ha°E
ninth session of the first require the
parliament of King Wil- J™"1? c?n-
;. iT_ rr,.. ¦, - ?¦. , , tamed m 8 &
ham the ihird, intituled, geul. 3, c. 3,
' An Act for the preventing [Sc] to be
the Growth of Popery,' a £EJ£ed,or
certain declaration or for- repealed.
mula is therein contained, R<™an <**?-
which it is expedient should a'nd'be'efected
no longer be required to members for
be taken and subscribed; Scotland-
be it therefore enacted, that such parts
of any acts as authorize the said declara
tion or formula to be tendered, or re-
^ lire the same to be taken, sworn, and
subscribed, shall be and the same are
hereby repealed, except as to such offices,
places, and rights, as are hereinafter
excepted ; and that from and after the
commencement of this act it shall be
lawful for persons professing the Roman
catholic religion to elect and be elected
members to serve in parliament for
Scotland, and to be enrolled as free
holders in any shire or stewartry for
Scotland, and to be chosen commissioners
or delegates for choosing burgesses to
serve in parliament for any districts of
burghs in Scotland, being in all other
respects duly qualified, such persons al
ways taking and subscribing the oath

Appendix.]

AND OTHER RECORDS.

647

house of
commons

hereinbefore appointed and set forth,
instead of the oaths of allegiance and
abjuration as now required by law, at
such time as the said last-mentioned
oaths, or either of them, are now re
quired by law to be taken.
" IX. And be it further enacted, that
no person in holy orders in
catholic priest the church of Rome shall
to sit in the be capable of being elected
to serve in parliament as a
member of the house of
commons ; and if any such person shall
be elected to serve in parliament as
aforesaid, such election shall be void ;
and if any person, being elected to serve
in parliament as a member of the house
of commons shall, after his election, take
or receive holy orders in the church of
Rome, the seat of such person shall im
mediately become void ; and if any such
person shall, in any of the cases afore
said, presume to sit or vote as a member
of the house of commons, he shall be
subject to the same penalties, forfeitures,
and disabilities, as are enacted by an act
passed in the forty- first year of the reign
of King George the Third, intituled,
' An Act to remove Doubts respecting
the Eligibility of Persons in Holy
Orders to sit in the House of Commons ; '
and proof of the celebration of any re
ligious service by such person, according
to the rites of the church of Rome, shall
be deemed and taken to be prima facie
evidence of the fact of such person being
in holy orders, within the intent and
meaning of this act.
" X. And be it enacted, that it shall
be lawful for any of bis
licTmay'hold' ™i^f' Ejects I"ofe-
civil and mili- ing the Roman catholic re-
tary offices ligion to hold, exercise, and
under bis &. ,, . ., , .,-.
majesty, with enjoy all civil and military
certain excep- offices and places of trust
tions. or progt Under his majesty,
his heirs, or succesors, and to exercise
any other franchise or civil right, except
as hereinafter excepted, upon taking
and subscribing, at the times and in the
manner hereinafter mentioned, the oath
hereinbefore appointed and set forth,
instead of the oaths of allegiance, su
premacy, and abjuration, and instead of
such other oath or oaths as are or may
be now by law required to be taken for
the purpose aforesaid by any of his
majesty's subjects professing the Roman
catholic religion. T T

" XI. Provided always, and be it en
acted, that nothing herein
contained shall be con- Not to exempt
, ^ t Roman catho.
strued to exempt any per- iiCS from
son professing the Roman taking any
catholic religion from the °equirea\hS
necessity of taking any oath
or oaths, or making any declaration, not
hereinbefore mentioned, which are or
may be by law required to be taken or
subscribed by any person on his admis
sion into any such office or place of
trust or profit as aforesaid.
"XII. Provided also, and be it fur
ther enacted, that nothing
herein contained shall ex- Offices with-
tend or be construed to J^ln c^hc""
extend to enable any person
or persons professing the Roman catho
lic religion to hold or exercise the office
of guardians and justices of the United
Kingdom, or of regent of the United
Kingdom, under whatever name, style
or title such office may be constituted;
nor to enable any person, otherwise than
he is now by law enabled, to hold or
enjoy the office of lord high chancellor,
lord keeper or lord commissioner of the
great seal of Great Britain or Ireland ;
or the office of lord lieutenant, or lord
deputy, or other chief governor or gover
nors of Ireland ; or his majesty's high
commissioner to the general assembly of
the church of Scotland.
" XIII. Provided also, and be it fur
ther enacted, that nothing Nothing
herein contained shall be herein to
construed to affect or alter repeal
any of the provisions of an ' Ge0'*- c72-
act passed in the seventh year of his
present majesty's reign, intituled, ' An
Act to consolidate and amend the Laws
which regulate the Levy and Applica
tion of Church Rates and Parish Cesses,
and the Election of Churchwardens, and
the Maintenance of Parish Clerks, in
Ireland.' " XIV. And be it enacted, that it
shall be lawful for any of
. . . . , u;  .„  n Roman catho-
his majesty s subjects pro- lics may be
fessing the Roman catholic members of
religion to be a member of 1tw'ncsor?ora-
any lay body corporate, and
to hold any civil office or place of trust
or profit therein, and to do any corpo
rate act, or vote in any corporate elec
tion or other proceeding, upon taking
and subscribing the oath hereby ap
pointed and set forth, instead of the
4

648

ANGLO-SAXON DOOMS,

[Ar

oaths of allegiance, supremacy, and ab
juration ; and upon taking also such
other oath or oaths as may now by law
be required to be taken by any persons
becoming members of such lay body
corporate, or being admitted to hold any
office or place of trust or profit within
the same.
"XV. Provided nevertheless, and be
it further enacted, that
not to vote in shall extend to authorize or
ecclesiastical empower any of his ma-
appointments. r , , . , ,.
jesty s subjects professing
the Roman catholic religion, and being
a member of any lay body corporate, to
give any vote at, or in any manner to
join in the election, presentation, or ap
pointment of any person to any ecclesi
astical benefice whatsoever, or any office
or place belonging to or connected with
the united church of England and Ire
land, or the church of Scotland, being in
the gift, patronage, or disposal of such
lay corporate body.
" XVI. Provided also, and be it en
acted, that nothing in this
Not to extend t contained shall be con-
to offices, &c.
in the esta- strued to enable any per-
blished sons, otherwise than as they
church, or , , ui j *
ecclesiastical are now by law enabled, to
courts, uni- hold, enjoy, or exercise any
reges* or' ^ °ffice' PlaCe or diSnity of>
schools ; ' in, or belonging to the
united church of England
and Ireland, or the church of Scotland,
or any place or office whatever of, in, or
belonging to any of the ecclesiastical
courts of judicature of England and
Ireland respectively, or any court of ap
peal from or review of the sentences of
such courts, or of, in, or belonging to
the commissary court of Edinburgh, or
of, in, or belonging to any cathedral or
collegiate or ecclesiastical establishment
or foundation ; or any office or place
whatever of, in, or belonging to any of
the universities of this realm. ; or any
office or place whatever, and by what
ever name the same may be called, of,
in, or belonging to any of the colleges or
halls of the said universities, or the
colleges of Eton, Westminster, or Win
chester, or any college or school within
this realm ; or to repeal, abrogate, or in
any manner to interfere with any local
statute, ordinance, or rule, which is or
shall be established by competent au
thority within any university, college,
hall, or school, by which Roman catho

lics shall be prevented from being ad
mitted thereto, or from residing or
taking degrees therein : provided also,
that nothing herein con
tained shall extend or be nor topre-
, , j , sentations to
construed to extend to en- benefices.
able any person, otherwise
than as he is now by law enabled, to
exercise any right of presentation to any
ecclesiastical benefice whatsoever ; or to
repeal, vary, or alter in any manner the
laws now in force in respect to the right
of presentation to any ecclesiastical bene
fice. " XVII. Provided always, and be it
enacted, that where any __ . .
. . L J L ,. J Proviso for
right of presentation to any presentations
ecclesiastical benefice shall to benefices
belong to any office in the °™£XL
gift or appointment of his
majesty, his heirs or successors, and such
office shall be held by a person profess
ing the Roman catholic religion, the
right of presentation shall devolve upon
and be exercised by the Archbishop of
Canterbury for the time being.
« XVIII. And be it enacted, that
it shall not be lawful for No Roman
any person professing the catholic to ad-
Roman catholic religion, vise the crown
-,. ,n -j- .1 t in the appoint-
directly or indirectly, to ment to offices
advise his majesty, his heirs in the esta-
or successors, or any person gu^h
or persons holding or ex
ercising the office of guardians of the
United Kingdom, or of regent of the
United Kingdom, under whatever name,
style, or title such office may be consti
tuted, or the lord lieutenant, or lord
deputy, or other chief governor or gover
nors of Ireland, touching or concerning
the appointment to or disposal of any
office or preferment in the united church
of England and Ireland, or in the church
of Scotland; and if any such person
shall offend in the premises, he shall,
being thereof convicted by due course of
law, be deemed guilty of a high mis
demeanor, and disabled for ever from
holding any office, civil or military,
under the crown.
" XIX. And be it enacted, that every
person professing the
Roman catholic religion, £SE£$
who shall after the com- taking oaths
mencement of this act be for corporate
placed, elected, or chosen
in or to the office of mayor, provost,
alderman, recorder, bailiff, town clerk,
magistrate, councillor, or common coun-

AprEHDIX.]

AND OTHER RECORDS.

649

cilman, or in or to any office of magis
tracy or place of trust or employment
relating to the government of any city,
corporation, borough, burgh, or district
within the United Kingdom of Great
Britain and Ireland, shall, within one
calendar month next before or upon his
admission into any of the same respect
ively, take and subscribe the oath here
inbefore appointed and set forth, in the
presence of such person or persons re
spectively as by the charters or usages of
the said respective cities, corporations,
burghs, boroughs, or districts ought to
administer the oath for due execution of
the said offices or places respectively ;
and in default of such, in the presence of
two justices of the peace, councillors or
magistrates of the said cities, corpora
tions, burghs, boroughs, or districts, if
such there be ; or otherwise, in the
presence of two justices of the peace of
the respective counties, ridings, divisions,
or franchises wherein the said cities, cor
porations, burghs, boroughs, or districts
are ; which said oath shall either be
entered in a book, roll, or other record
to be kept for that purpose, or shall be
filed amongst the records of the city,
corporation, burgh, borough, or dis
trict. " XX. And be it enacted, that every
person professing the
mannerof Roman catholic religion,
taking oaths who shall after the com-
for other mencement of this act be
appointed to any office or
place of trust or profit under his ma
jesty, his heirs or successors, shall within
three calendar months next before such
appointment, or otherwise shall, before
he presumes to exercise or enjoy or in
any manner to act in such office or
place, take and subscribe the oath here
inbefore appointed and set forth, either
in his majesty's high court of Chancery,
or in any of his majesty's courts of
King's Bench, Common Pleas, or Ex
chequer, at Westminster or Dublin ; or
before any judge of assize, or in any
court of general or quarter sessions of
the peace in Great Britain or Ireland,
for the county or place where the per
son so taking and subscribing the oath
shall reside ; or in any of his majesty's
courts of Session, Justiciary, Exche
quer or jury court, or in any sheriff or
Stewart court, or in any burgh court, or
before the magistrates and councillors of
any royal burgh in Scotland, between

the hours of nine in the morning and
four in the afternoon ; and the proper
officer of the court in which such oath
shall be so taken and subscribed shall
cause the same to be preserved amongst
the records of the court ; and such offi
cer shall make, sign, and deliver a certi
ficate of such oath having been duly
taken and subscribed, as often as the
same shall be demanded of him, upon
payment of two shillings and sixpence
for the same ; and such certificate shall
be sufficient evidence of the person
therein named having duly taken and
subscribed such oath.
" XXI. And be it 'enacted, that if
any person professing the
Roman catholic religion actineTn°n
shall enter upon the ex- offices without
ercise or enjoyment of any tal™B 'he
office or place of trust or
profit under his majesty, or of any other
office or franchise, not having in the
manner and at the times aforesaid taken
and subscribed the oath hereinbefore ap
pointed and set forth, then and in every
such case such person shall forfeit to his
majesty the sum of two hundred pounds ;
and the appointment of such person to
the office, place, or franchise so by him
held shall become altogether void, and
the office, place, or franchise shall be
deemed and taken to be vacant to all
intents and purposes whatsoever.
"XXII. Provided always, that for and
notwithstanding anything
in this act contained, the ^^ncTnalal
oath hereinbefore appointed officers.
and set forth shall be taken
by tbe officers in his majesty's land
and sea service, professing the Roman
catholic religion, at tbe same times and
in the same manner as the oaths and
declarations now required by law are
directed to be taken, and not otherwise.
" XXIII. And be it further enacted,
that from and after tbe
passing of this act no oath toother
=,,„.,, oaths neces-
or oath shall be tendered sary to be
to or required to be taken taken by
by bis majesty's subjects £°man cath°-
professing the Roman ca
tholic religion, for enabling them to hold
or enjoy any real or personal property,
other than such as may by law be ten
dered to and required to be taken by his
majesty's other subjects ; and that the
oath herein appointed and set forth,
being taken and subscribed in any of the
courts, or before any of the persons above

650

ANGLO-SAXON DOOMS,

[A.

rPENDIX.

Roman
catholics.

mentioned, shall be of the same force
and effect, to all intents and purposes,
as, and shall stand in the place of, all
oaths and declarations required or pre
scribed by any law now in force for the
relief of his majesty's Roman catholic
subjects from any disabilities, incapa
cities, or penalties ; and the proper
officer of any of the courts above men
tioned, in which any person professing
the Roman catholic religion shall de
mand to take and subscribe the oath
herein appointed and set forth, is hereby
authorized and required to administer
the said oath to such person, and such
officer shall make, sign, and deliver a.
certificate of such oath having been
duly taken and subscribed, as often as
the same shall be demanded of him,
upon payment of one shilling ; and such
certificate shall be sufficient evidence of
the person therein named having duly
taken and subscribed such oath.
" XXIV. And whereas the protest-
ant episcopal church of
""lobe' England and Ireland, and
assumed by the doctrine, discipline, and
government thereof, and
likewise theprotestant pres-
byterian church of Scotland and the
doctrine, discipline, and government
thereof, are by the respective acts of
union of England and Scotland, and of
Great Britain and Ireland, established
permanently and inviolably : and whereas
the right and title of archbishops to their
respective provinces, of bishops to their
sees, and of deans to their deaneries, as
well in England as in Ireland, have
been settled and established by law ; be
it therefore enacted, that if any person,
after the commencement of this act,
other than the person thereunto autho
rized by law, shall assume or use the
name, style, or title of archbishop of
any province, bishop of any bishopric, or
dean of any deanery, in England or Ire
land, he shall for every such offence
forfeit and pay the sum of one hundred
pounds. "XXV. And be it further enacted,
that if any person holding
"fficers any judicial or civil office,
not to attend or any mayor, provost,
with insignia jurat, bailiff, or other cor-
ofofficeatany . «. . ,, r.
place of wor- porate officer, shall, after
ship other the commencement of this
Wished""" act' resort t0 or ue present
church. at any place or public meet
ing for religious worship

in England or in Ireland, other than
that of the united church of England and
Ireland, or in Scotland, other than that
of the church of Scotland, as by law
established, in the robe, gown, or other
peculiar habits of his office, or attend
with the ensign or insignia, or any part
thereof, of or belonging to such his
office, such person shall, being thereof
convicted by due course of law, forfeit
such office, and pay for every such of
fence the sum of one hundred pounds.
" XXVI. And be it further enacted,
that if any Roman catholic Pena,t5,onRo.
ecclesiastic, or any member man catholic
of any of the orders, com- ecclesiastics
• :• - .- , officiating,
mumties, or societies here- except in their
inafter mentioned, shall, usual places of
after the commencement of wor5niP'
this act, exercise any of the rites or cere
monies of the Roman catholic religion,
or wear the habits of his order, save
within the usual places of worship of the
Roman catholic religion, or in private
houses, such ecclesiastic or other person
shall, being thereof convicted by due
course of law, forfeit for every such
offence the sum of fifty pounds.
" XXVII. Provided always, and be
it enacted, that nothing in Nottorepeal
this act contained shall in Stat. 5, Geo. 4,
any manner repeal, alter, or c- 25-
affect any 'provision of an act made in
the fifth year of his present majesty's
reign, intituled, ' An Act to repeal so
much of an Act passed in the ninth year
of the reign of King William the Third,
as relates to Burials in suppressed Mo
nasteries, Abbeys, or Convents in Ire
land, and to make further Provision with
respect to the Burial in Ireland of Per
sons dissenting from the Established
Church.' "XXVIII. And whereas Jesuits, and
members of other religious Forthesup. ,
orders, communities, or pression of
societies of the church of ies,uits a"d.
t, . j , . other religious
Home, bound by monastic orders of the
or religious vows, are re- church of
sident within the United Rome-
Kingdom ; and it is expedient to make
provision for the gradual suppression
and final prohibition of the same therein ;
be it therefore enacted, that every Jesuit,
and every member of any other religious
order, community, or society of the
church of Rome, bound by monastic or
religious vows, who at the time of the
commencement of this act shall be within
the United Kingdom, shall, within six

Appendix.]

AND OTHER RECORDS.

651

calendar months after the commence
ment of this act, deliver to the clerk of
the peace of the county or place where
such person shall reside, or to his deputy,
a notice or statement, in the form and
containing the particulars required to be
set forth in the schedule to this act
annexed ; which notice or statement such
clerk of the peace, or bis deputy, shall
preserve and register amongst the re
cords of such county or place, without
any fee, and shall forthwith transmit a
copy of such notice or statement to the
chief secretary of the lord lieutenant, or
other chief governor or governors of
Ireland, if such person shall reside in
Ireland, or if in Great Britain, to one of
his majesty's principal secretaries of
state ; and in case any person shall
offend in the premises, he shall forfeit
and pay to his majesty, for every calen
dar month during which he shall remain
in the United Kingdom without having
delivered such notice or statement as is
hereinbefore required, the sum of fifty
pounds. " XXIX. And be it further enacted
Jesuits, &c, that if any Jesuit> or .m.em-
coming'into' ber of any such religious
the realm, to order, community, or so-
ams ' ciety as aforesaid, shall,
after the commencement of this act,
come into this realm, he shall be deemed
and taken to be guilty of a misdemeanor
and being thereof lawfully convicted,
shall be sentenced and ordered to be
banished from the United Kingdom for
the term of his natural life.
" XXX. Provided always, and be it
Natural-born farther enacted, that in
subjects, being case any natural-born sub-
jesuits, may ject of this realm, being at
return into ' .. „ ., ' °
the time of the commence-

the kingdom
and be re
gistered.

ment of this act a Jesuit,
or other member of any
such religious order, community or so
ciety as aforesaid, shall, at the time of
the commencement of this act, be out
of the realm, it shall be lawful for such
person to return or to come into this
realm ; and upon such his return or
coming into the realm he is hereby
required, within the space of six calen
dar months after bis first returning or
coming into the United Kingdom, to
deliver such notice or statement to the
clerk of tbe peace of the county or place
where he shall reside, or his deputy, for
the purpose of being so registered and
transmitted, as hereinbefore directed;

and in case any such person shall neglect
or refuse so to do, he shall for such
offence forfeit and pay to his majesty,
for every calendar month during which
he shall remain in the United Kingdom
without having delivered such notice or
statement, the sum of fifty pounds.
" XXXI. Provided also, and be it
further enacted, that not- rpt • . ,
... ,. ' , . the principal
withstanding any thing secretaries of
hereinbefore contained, it state mav
shall be lawful for any one ££$?££
of his majesty's principal to come into
secretaries of state, being a the ltinKdom ;
protestant, by a licence in writing, signed
by him, to grant permission to any
Jesuit, or member of any such religious
order, community, or society as afore
said, to come into the United Kingdom,
and to remain therein for such period as
the said secretary of state shall think
proper, not exceeding in
any case the space of six ?0«™g£™.
calendar months ; and it
shall also be lawful for any of his ma
jesty's principal secretaries of state to
revoke any licence so granted before the
expiration of the time mentioned therein,
if he shall so think fit ; and if any such
person to whom such licence shall have
been granted shall not depart from the
United Kingdom within twenty days
after the expiration of the time men
tioned in such licence, or if such licence
shall have been revoked, then within
twenty days after notice of such revoca
tion shall have been given to him, every
person so offending shall be deemed
guilty of a misdemeanor, and being
thereof lawfully convicted shall be sen
tenced and ordered to be banished from
tbe United Kingdom for the term of
his natural life.
" XXXII. And be it further en
acted, that there shall an- Accounts of
nually be laid before both licences to be
houses of parliament an ac- laid before
count of all such licences
as shall have been granted for the pur
pose hereinbefore mentioned within the
twelve months then next preceding.
" XXXIII. And be it further en
acted, that in case any AdmUting
Jesuit, or member of any persons as
such religious order, com- members of
° . . c such religious
munity, or society as afore- orders deemed
said, shall, after the com- a misde-
mencement of this act, mean<*-
within any part of the United Kingdom,
admit any person to become a regular

652

ANGLO-SAXON DOOMS.

[Appjendixi

ecclesiastic, or brother or member of
any such religious order, community, or
society, or be aiding or consenting
thereto, or shall administer or cause to
be administered, or be aiding or assisting
in the administering or taking, any oath,
vow, or engagement purporting or in
tended to bind the person taking the
same to the rules, ordinances, or cere
monies of such religious order, com
munity, or society, every person offend
ing in the premises in England or Ire
land shall be deemed guilty of a mis
demeanor, and in Scotland shall be
punished by fine and imprisonment.
" XXXIV. And be it further en
acted, that in case any per-
Any person so * ,, ~ -Ai_
admitted a son shall, after the corn-
member of a mencement of this act,
foTbaiiisned'; ™thin any part of this
United Kingdom, be ad
mitted or become a Jesuit, or brother or
member of any other such religious
order, community, or society as afore
said, such person shall be deemed and
taken to be guilty of a misdemeanor,
and being thereof lawfully convicted,
shall be sentenced and ordered to be
banished from the United Kingdom for
the term of his natural life.
" XXXV. And be it further en-
The party acted, that in case any per-
otfending may son sentenced and ordered
be banished by to j,e banished under the
' provisions of this act shall
not depart from the United Kingdom
within thirty days after the pronouncing
of such sentence and order, it shall be
lawful for his majesty to cause such
person to be conveyed to such place out
of the United Kingdom as his majesty,
by the advice of his privy council, shall
direct. " XXXVI. And be it further enacted,
that if any offender, who shall be so

sentenced and ordered to .....
. . , , • .. and if at large
be banished in manner aiter three
aforesaid, shall, after the end months, may
of three calendar months £e transported
from the time such sen-
sentence and order hath been pro
nounced, be at large within any part of
the United Kingdom, without some
lawful cause, every such offender being
so at large as aforesaid, on being thereof
lawfully convicted, shall be transported
to such place as shall be appointedfby
his majesty for the term of his natural
life. " XXXVII. Provided always, and
be it enacted, that nothing
herein contained shall ex- Not to extend
, , to female
tend or be construed to societies.
extend in any manner to
affect any religious order, community,
or establishment consisting of females
bound by religious or monastic vows.
" XX XVIII. And be it further en
acted, that all penalties
imposed by this act shall fena'lif.s'
V , j now to be
and may be recovered as a recovered.
debt due to his majesty,
by information to be filed in the name
of his majesty's attorney-general for
England or for Ireland, as the case may
be, in the courts of Exchequer in Eng
land or Ireland respectively, or in the
name of his majesty's advocate general
in the court of Exchequer in Scotland.
" XXXIX. And be it further en
acted, that this act, or any
part thereof, may be re- **£&*
pealed, altered, or varied at session.
any time within this pre
sent session of parliament.
" XL. And be it farther enacted,
that this act shall com-
mence and take effect at ^o'S
the expiration of ten days
from and after the passing thereof.

Schi

DULE TO

which this Act refers.

Date of the
Registry.

Name of tbe
Party.

Age.

Place of
Birth.

Name of the
Order, Community,
or Society whereof
he is a Member.

Name and usual
Residence of the
next immediate
Superior of the
Order, Com inutility,
or Society.

Usual
Place of
Residence of the
Party.

AfPENDIX.]

AND OTHER RECORDS.

653

Stat. 7 & 8 VICTORIA, c. 102.
a. d. 1844.
An Act to repeal certain Penal Enact
ments made against Her Majesty's
Roman Catholic Subjects.
" Whereas Roman catholics, and per
sons professing the Roman catholic
religion, were, by certain acts made and
passed by the parliament of England and
the parliament of Great Britain rendered
liable to punishments, pains, penalties,
and disabilities, for, or on account of
their religious belief or profession, to
which punishments, pains, penalties, and
disabilities none other of her majesty's
subjects are liable : and whereas it is ex
pedient to amend the law in this respect :
Certain acts te i4 therefore enacted by
and j>arts of the queen's most excellent
acts repealed, majesty, by and with the
advice and consent of the lords spiritual
and temporal, and commons, in this
present parliament assembled, and by
the authority of the same, that from and
after the passing of this act the several
acts hereinafter mentioned, or so much
and such parts of any of them as are
hereinafter specified, shall be repealed ;
(that is to say,)
" So much of an act passed in the sixth
year of the reign of King
Edward the Sixth, in
tituled, ' An Act for the
Uniformity of Service and Adminis
tration of Sacraments throughout the
Realm,' as relates to the offence of
willingly and wittingly hearing and
being present at any other manner or
form of common prayer, of adminis
tration of the sacraments, of making
of ministers in the churches, or of any
other rites contained in the- book
annexed to that act, than is mentioned
and set forth in such book, so far as
the same in any manner affects Ro
man catholics :
'¦ Also so much of an act passed in the
first year of the reign of
lEhz.c. 1. Queen Elizabeth, in
tituled, ' An Act to restore to the
Crown the ancient Jurisdiction over
the Estate, ecclesiastical and spiritual,
and abolishing all Foreign Powers re
pugnant to the same,' whereby, after
the following enactment, ' that if any
person or persons dwelling or inhabit
ing within this your realm, or in any
other your highness's realms or do
minions, of what estate, dignity, or
degree soever he or they be, after the

5 & 6 Edw. 6,
c. 1.

end of thirty days next after the de
termination of this session of this pre
sent parliament, shall, by writing,
printing, teaching, preaching, express
words, deed, or act, advisedly, mali
ciously, and directly affirm, hold,
stand with, set forth, maintain, or de
fend the authority, preheminence,
power, or jurisdiction, spiritual or
ecclesiastical, of any foreign prince,
prelate, person, state, or potentate
whatsoever, heretofore claimed, used,
or usurped within this realm, or any
dominion or country being within or
under the power, dominion, or obey-
sance of your highness, or shall ad
visedly, maliciously, and directly put
in ure or execute any thing for the ex
tolling, advancement, setting forth,
maintenance, or defence of any such
pretended or usurped jurisdiction,
power, preheminence, and authority,
or any part thereof, that then every
such person and persons so doing and
offending, their abettors, aiders, pro
curers, and counsellors, being thereof
lawfully convicted and attainted, ac
cording to the due order and course of
the common laws of this realm, for his
or their first offence shall forfeit and
lose unto your highness, your heirs,
and successors, all [his and their goods
and chattels, as well real as personal ;
and if any such person so convicted or
attainted shall not have or be worth
of his proper goods and chattels to the
value of twenty pounds at the time of
his conviction or attainder, that then
every such person so convicted or
attainted, over and besides the for
feiture of all his said goods and
chattels, shall have and suffer im
prisonment by tbe space of one whole
year, without bail or mainprise ; ' it is
enacted, ' that if any such offender or
offenders, after such conviction or
attainder, do eftsoons commit or do
the said offences or any of them in
manner and form aforesaid, and be
thereof duly convicted and attainted as
is aforesaid, that then every such of
fender and offenders shall for the same
second offence incur into the dangers,
penalties, and forfeitures ordained and
provided by the Statute of Provision
and Praemunire made in the sixteenth
year of the reign of King Richard
the Second ; and if any such offender
or offenders, at any time after the said
second conviction and attainder, do

654

ANGLO-SAXON DOOMS,

[At

the third time commit and do the said
offences, or any of them in manner and
form aforesaid, and be thereof duly
convicted and attainted as is aforesaid,
that then every such offence or offences
shall be deemed and adjudged high
treason ; and that the offender or of
fenders therein, being thereof lawfully
convicted and attainted according to
the laws of this realm, shall suffer
pains of death, and other penalties,
forfeitures, and losses, as in cases of
high treason by the laws of this
realm : '
" Also so much of an act made and
„ passed in the said first
1 EllZ. C. 2. r n ,, r. Al_
year ot the reign of the
said Queen Elizabeth, intituled, ' An
Act for the Uniformity of Common
Prayer and Service in the Church,
and Administration of the Sacraments,'
whereby it is enacted, ' that all and
every person and persons inhabiting
within this realm or any other the
queen's majesty's dominions shall dili
gently and faithfully, having no lawful
or reasonable excuse to be absent, en
deavour themselves to resort to their
parish church or chapel accustomed,
or upon reasonable let thereof to some
usual place where common prayer
and such service of God shall be used
in such time of let, upon every Sunday
and other days ordained and used to
be kept as holy days, and then and
there to abide orderly and soberly
during the time of the common prayer,
preaching, or other service of God
there to be used and ministered,' upon
the pains, penalties, and punishments
therein mentioned, so far as these en
actments of the last-mentioned act
relate to or affect Roman catholics :
*' Also so much of an act passed in the
5 Eliz c 1 fifth year °f thc reign of
the said Queen Elizabeth,
intituled, < An Act for the Assurance
of the Queen's Royal Power over all
Estates and Subjects within^ her Do
minions,' as renders any person violat
ing its provisions liable to the penalties
of treason, or of the Statute of Prae
munire :
" Also the whole of an act passed in the
23EUz.c.l. twenty-third year of the
reign or the said Queen
Elizabeth, intituled, ' An Act to re
tain the Queen's Majesty's Subjects in
their due Obedience : '
" Also the whole of an act passed in the

twenty-seventh year of
the reign of the said * Ellz' c- 2-
Queen Elizabeth, intituled, ' An Act
against Jesuits, Seminary Priests, and
other such like disobedient Persons : "
" Also so much of an act passed in the
twenty-ninth year of the
reign of the said Queen 29 Ellz- c' 6'
Elizabeth, intituled, ' An Act for the
more speedy and due Execution of
certain Branches of the Statute made
in the twenty-third year of the Queen's
Majesty's Reign, intituled, " An Act
to retain the Queen's Majesty's Sub
jects in their due Obedience," ' as
relates to or in any manner affects
Roman catholics :
" Also the whole of an act passed in the
thirty-fifth year of the
reign of the said Queen M Eliz- c- 1'
Elizabeth, intituled, ' An Act to retain
the, Queen's Majesty's Subjects in their
due Obedience : '
" Also the whole of an act passed in the
said thirty-fifth year of the

reign of the said Queen

35 Eliz. c. 2.

Elizabeth, intituled, ' An Act for re
straining Popish Recusants to some
certain Places of Abode : '
' Also an Act passed in the first year of
the reign of King James
the First, intituled, ' An 1 Jac- lj c' *"
Act for the due Execution of the
Statutes against Jesuits, Seminary
Priests, Recusants,' &c, except so
much of the same act as relates to the
keeping any school, or to the being a
schoolmaster, or to the retaining or
maintaining a schoolmaster :
" Also so much of that part of an act
passed in the third year
of the reign of the said 3 Jac- '" "¦ '• ,
King James the First, intituled, ' An
Act for a Public Thanksgiving to
Almighty God every Year on the
Fifth of November,' whereby it is
enacted, ' that all and every person
and persons inhabiting within this
realm of England and the dominions
of the same shall always upon that day
diligently and faithfully resort to the
parish church or chapel accustomed,
or to some usual church or chapel
where the said morning prayer, preach
ing, or other service of God shall be
used, and then and there to abide
orderly and soberly during tbe time
of the said prayers, preaching, or
other service of God then to be
used and ministered,' as relates to

Appendix.]

AND OTHER RECORDS.

655

or in any manner affects Roman
catholics :
" Also so much and such parts of an
act passed in the said
3 Jac. 1, c. 4. third year of the rejgn Qf
the said King James the First, in
tituled, ' An Act for the better dis
covering and repressing of Popish
Recusants,' as relate to popish re
cusants, to the treasons created by the
same acts, and to the compelling any
Roman catholic to resort to the church
of the parish where he or she shall
most usually abide or be within the
year, and to receive the sacrament of
the Lord's supper :
"Also another act passed in the said
third year of the reign of
3 Jac. 1, c. 5. the sa;d King James the
First, intituled, ' An Act to prevent
and avoid Dangers which grow by
Popish Recusants,' except those parts
of the same act whereby it is enacted,
' that every person or persons that
is or shall be a popish recusant convict
during the time that he shall be or
remain a recusant shall from and
after the end of the then present
session of parliament be utterly dis
abled to present to any benefice with
cure or without cure, prebend, or
other ecclesiastical living, or to col
late or nominate to any free school,
hospital, or donative whatsoever, and
from the beginning of the then present
session of parliament shall likewise be
disabled to grant any avoidance to any
benefice, prebend, or other ecclesias-
cal living,' and which specify the
counties, cities, and other places and
limits or precincts within which the
chancellor and scholars of tbe uni
versity of Oxford and the chancellor
and scholars of the university of Cam
bridge respectively have the presenta
tion, nomination, collation, and dona
tion of and to every such benefice,
prebend, living, school, hospital, and
donative as shall happen to be void
during such time as a patron thereof
shall be and remain a recusant convict
as aforesaid; and whereby it is pro
vided, 'that neither of the said chan
cellors and scholars of either of the
said universities shall present or nomi
nate to any benefice with cure, pre
bend, or other ecclesiastical living,
any such person as shall then have any
other benefice with cure of souls, and
if any such presentation or nomination

shall be had or made of any such per
son so beneficed, the said presentation
or nomination shall be void, any
thing in this act to the contrary not
withstanding";'
' Also so much of an act passed in the
seventh year of the reign
of the said King James 7 Jac- '¦ "=¦ 6-
the First, intituled, ' An Act for ad
ministering the Oath of Allegiance
and Reformation of Married Women
Recusants,' as relates to recusants or
to the penalties of recusancy.
Also the whole of an act passed in the
third year of the reign
of King Charles the First, 3 Car- 1'c-2-
intituled, ' An Act to restrain the pass
ing or sending of any to be popishly
bred beyond the seas •¦'
: Also so much and such parts of two
acts respectively, the one
passed in the said third 3 Car- '• c- *•
year of the reign of the said King
Charles the First, and intituled, ' An
Act for Continuance and Repeal of
divers Statutes,' and the 'other passed
in the sixteenth year of
the said last-mentioned 16 Car' ]' c- *•
reign, and intituled, ' An Act for the
further Relief of His Majesty's Army
and the Northern Parts of the King
dom,' relating to the continuance of an
act made in the thirty-
fifth year of the reign of ffi EI'*- c' *¦
Queen Elizabeth, intituled, ' An Act
to retain the Queen's Majesty's Sub
jects in their due Obedience,' as in
any manner affect Roman catholics :
Also so much of an act passed in the
thirteenth and fourteenth
years of the reign of King *3 * '* Car'
Charles the Second, in- '
tituled, ' An Act for the Uniformity
of public Prayers and Administration
of Sacraments and other Rites and
Ceremonies ; and for establishing the
Form of making, ordaining, and con
secrating Bishops, Priests, and Dea
cons in the Church of England,' as
confirms any act or part of any act
hereby repealed :
; Also so much of an act passed in the
twenty-fifth year of the
reign of the said King ** Car- 2' c- 2"
Charles the Second, intituled, ' An
Act for preventing Dangers which
may happen from Popish Recusants,*
whereby it is enacted, ' that if any
person or persons, not bred up by his
or their parent or parents from their

656

ANGLO-SAXON DOOMS,

[Appendix.

infancy in the popish religion, and pro
fessing themselves to be popish recu
sants, shall breed up, instruct, or edu
cate his or their child or children, or
suffer them to be instructed or edu
cated, in the popish religion, every
such person being thereof convicted
shall be from thenceforth disabled of
bearing any office or place of trust or
profit in church or state,' and whereby
it is enacted, 'that all such children as
shall be so brought up, instructed, or
educated, are and shall be thereby
disabled of bearing any such office or
place of trust or profit until he and
they shall be perfectly reconciled and
converted to the church of England,
and shall take the oaths of supremacy
and allegiance aforesaid before the
justices of the peace in the open
quarter sessions of the county or place
where they shall inhabit, and there
upon receive the sacrament of the
Lord's supper after the usage of the
church of England, and obtain a cer
tificate thereof under the hands of two
or more of the said justices of the
peace :'
" Also so much of an act passed in the
first session of parliament
1G.&M.C.8. in the first year of the
reign of King "William the Third and
Queen Mary, intituled, ' An Act for
the abrogating of the Oaths of Su
premacy and Allegiance, and appoint
ing other Oaths,' as renders liable any
person or persons who shall refuse to
take the oaths therein mentioned, or
either of them, to imprisonment, fine,
and disability to hold any office, civil,
or military, within this kingdom :
" And also so much of the said last-
mentioned act as renders liable any
person or persons who shall refuse to
make and subscribe the declaration
therein mentioned to the pains, penal
ties, forfeitures, and disabilities of and
to be taken and deemed a popish re
cusant convict :
" Also the whole of an act passed in the
said first session in the
1G.&M.C.9. sa;d first year Qf t],e
reign of the said King William the
Third and the said Queen Mary, in
tituled, ' An Act for the amoving
Papists and reputed Papists from the
Cities of London and Westminster,
and Ten Miles Distance from tbe

1G.&M. c.17.

in the said first session ]5
and first year, intituled,
' An Act for the better securing the
Government by disarming Papists and
reputed Papists : '
" Also the whole of another act passed
in the said first session
and first year, intituled,
' An Act for rectifying a Mistake in
a certain Act of this present Parlia
ment, for amoving Papists from the
Cities of London and Westminster.
" II. And be it enacted, that this act
or any part thereof may be Act maJr be
repealed, altered, or varied altered this
at any time within this ses- session.
sion of parliament."

same :
: Also the whole of another act

passed

9 & 10 VICTORIA, c. 59. a. d. 1846.
An Act to relieve Her Majesty's Subjects
from certain Penalties and Disabilities
in regard to Religious Opinions.
" Be it enacted by the Queen's most
excellent Majesty, by and with the ad
vice and consent of the Lords spiritual
and temporal, and Commons, in this
present Parliament assembled, and by
the authority of the same,
that from and after the Certain acts
commencement of this act, acts repealed.
the statutes and ordinances
and the several acts hereinafter men
tioned, or so much and such parts of
any of the said acts as are hereinafter
specified, shall be repealed; (that is to
say,)" The statute or ordinance of the fifty-
fourth and fifty-fifth years of the reign
of King Henry the Third, and the
statute or ordinance commonly called
' Statutum Judaeismo :'
" Also so much of an act passed in the
fifth and sixth years of the reign of
King Edward the Sixth, intituled
' An Act for the uni
formity of service and 5& 6 Edw. 6.
administration of sacra- g'4''6SS' ' '
ments throughout the
realm,' as enacts, ' that from and after
the feast of All Saints next coming
all and every person and persons in
habiting within this realm, or any
other the king's majesty's dominions,
shall diligently and faithfully, having
no lawful or reasonable excuse to be
absent, endeavour themselves to resort
to their parish church or chapel ac
customed, or, upon reasonable let

Appendix.]

AND OTHER RECORDS.

657

-thereof, to some usual place where
common prayer and such service of
God shall be used in such time of let,
upon every Sunday, and other days
ordained and used to be kept as holy
days, and then and there to abide or
derly and soberly during the time of
common prayer, preachings, or other
service of God there to be used and
ministered, upon pain of punishment
by the censures of the church,' so far
the same affects persons dissenting
from the worship or doctrines of the
united church of England and Ire
land, and usually attending some place
of worship other than the established
church : provided always, that no pe
cuniary penalty shall be imposed upon
any person by reason of his so ab
senting himself as aforesaid :
" Also so much of the said act as enacts,
' that if any manner of person or
persons inhabiting and being within
this realm, or any other the king's
majesty's dominions, shall, after the
said feast of All Saints, willingly and
wittingly hear and be present at any
other manner or form of common
prayer, of administration of the sa
craments, of making of ministers in
the churches, or of any other rites
contained in the book annexed to this
act, than is mentioned and set forth in
the said book, or that is contrary to
¦ the form of sundry provisions and ex
ceptions contained in the aforesaid
former statute, and shall be thereof
convicted according to the laws of
this realm before the justices of as
size, justices of oyer and determiner,
justices of peace in their sessions, or
any of them, by tbe verdict of twelve
men, or by his or their own confession,
or otherwise, they shall, for the first
offence suffer imprisonment for six
months, without bail or mainprize,
and for tbe second offence, being like
wise convicted as is above said, impri
sonment for one whole year, and for
the third offence in like manner,
imprisonment during his or their
lives : *
" Also so much of the said act as enacts,
' that for the more knowledge to be
given hereof, and better observation
of this law, all and singular curates
shall, upon one Sunday every quarter
of the year, during one whole year
next following the foresaid feast of
All Saints next coming, read this pre

sent act in the church at the time of
the most assembly, and likewise once
in every year following, at the same
time declaring unto the people, by
the authority of the scripture, how
the mercy and goodness of God hath
in all ages been shown to his people
in their necessities and extremities, by
means of hearty and faithful prayers
made to Almighty God, especially
where people be gathered together
with one faith and mind to offer up
their hearts by prayer as the best sa
crifices that Christian men can yield :'
" Also so much of any act or acts of the
parliament of Ireland as may have
extended to Ireland the provisions of
the said act of the fifth and sixth
years of the reign of King Edward
the Sixth, so far as the same is hereby
repealed :
" Also so much of an act passed in the
first year of the reign of Queen Eliza
beth, intituled ' An act
to restore to the Crown
the ancient Jurisdiction over the Es
tate ecclesiastical and spiritual, and
abolishing all foreign Powers repug
nant to the same,' and of an act of
the parliament of Ireland, passed in
the second year of the same queen's
reign, intituled ' An act
restoring to the Crown ,,» ,z' '
the auncient Jurisdiction
of the State ecclesiasticall and spirit
uali, and abolishing all forreinne
Power repugnant to the same,' as
makes it punishable to affirm, hold,
stand with, set forth, maintain, or de
fend, as therein is mentioned, the au
thority, pre-eminence, power, or juris
diction, spiritual or ecclesiastical, of
any foreign prince, prelate, person,
state, or potentate theretofore claimed,
used, or usurped within this realm,
or any dominion or country being
within or under the power, dominion,
or obeisance of her highness, or to put
in ure or execute any thing for the
extolling, advancement, setting forth,
maintenance, or defence of any such
pretended or usurped jurisdiction,
power, pre-eminence, and authority,
or any part thereof, or to abet, aid,
procure, or counsel any person so
offending : Provided always, and be it
declared, that nothing in this enactment
contained shall authorize or render it
lawful for any person or persons to
affirm, holdj stand with, set forth,

VOL. III.

V V

658

ANGLO-SAXON DOOMS,

[A

PPENDIX.

maintain, or defend any such foreign
power, pre-eminence, jurisdiction, or
authority, nor shall the same extend
further than to tbe repeal of the par
ticular penalties and punishments
therein referred to, but in all other
respects the law shall continue the
same as if this enactment had not
been made : provided further, that if
any person in holy orders according
to the rites and ceremonies of the
united church of England and Ireland
shall affirm, hold, stand with, set forth,
maintain, or defend any such foreign
power, pre-eminence, jurisdiction, or
authority, such person shall be inca
pable of holding any ecclesiastical
promotion, and, if in possession of any
such promotion, may be deprived
thereof by due course of law, in the
same manner as for any other cause of
deprivation :
"Also so much of another act passed in
the first year of the same queen's
reign, intituled ' An Act
lEhz.c.5. for the uniformity of
Common Prayer and Service in the
Church, and the administration of the
Sacraments,' and of another act of
the parliament of Ireland passed in
the second year of the same queen's
reign, intituled * An Act
for the Uniformity of
Common Prayer and Ser
vice in the Church, and the adminis
tration of the Sacraments,' as relates
to a person's resorting to his parish
church or chapel accustomed, or, upon
reasonable let thereof, to some usual
place where common prayer and such
service of God as in such acts are
mentioned are used in such time of
let, upon Sundays and other days
ordained and used to be kept as holy
days, and to his then and there abid
ing orderly and soberly during the time
of the common prayer, preaching, or
other service of God there used and
ministered :
; Also an act passed in the fifth year of
the same queen's reign, intituled * An
Act for the assurance of
the Queen's royal Power
over all Estates and Subjects within
her Dominions : '
( Also an act passed in the thirteenth year
of the same queen's reign, intituled
-ori,- n s -An Act against the
13Ehz. c.2. , . . . ° j
bringing in and putting
in execution of Bulls, Writings or

2 Eliz. c. 2.
(1.)

other superstitions Things from the
See of Rome,' so far only as the same
imposes the penalties or punishments
therein mentioned ; but it is hereby
declared that nothing in this enact
ment contained shall authorize or ren
der it lawful for any person or persons
to import, bring in, or put in execu
tion within this realm any such bulls,
writings, or instruments, and that in
all respects, save as to the said penal
ties or punishments, the law shall
continue the same as if this enact*
ment had not been made :
" Also an act passed in the twenty-ninth
year of the same queen's reign, inti
tuled ' An Act for the „ _.
, j j 29 Ehz. c. 6.
more speedy and due
Execution of certain Branches of the
Statute made in the Twenty-third
Year of the Queen's Majesty's Reign;
intituled " An Act to retain the
Queen's Majesty's Subjects in their
due Obedience : " '
" Also an act passed in the first year of
the reign of King James the First,
intituled ' An Act for „ _ „
tbe due Execution or
the Statutes against Jesuits, Seminary
Priests, Recusants, &c. : '
" Also so much of an act passed in the
third year of the reign of the said
King James the First, intituled * An
Act for a public Thanks-
giving to Almighty God llftfe?
every Year on the tilth
Day of November,' as enacts, ' that
all and every person and persons in
habiting within this realm of England
and the dominions of the same shall
always upon that day diligently and
faithfully resort to the parish church
or chapel accustomed, or to some
usual church or chapel where the
said morning prayer, preaching, or
other service of Godt shall be used,
and then and there to abide orderly
and soberly during tbe time of the
said prayers, preaching, or other ser
vice of God, there to be used and
ministered : '
" Also an act passed in the said third year
of the said King James's reign, inti
tuled ' An Act for the
bi> ¦ ,3 Jac. 1. u. 4.
etter discovering and '
repressing of Popish Recusants : '
" Also an act passed in the seventh year
of the same king's reign, intituled
'An Act for administer
ing the Oath, of Allegi- 7 Jac- h -

ArrENDix.]

AND OTHER RECORDS.

659

ance, and Reformation of married
Women Recusants : '
•' Also so much of an act passed in the
thirteenth and fourteenth years of the
reign of King Charles the Second,
intituled ' An Act for
I3 £ 1*11."' 2' the Umfo.rrnity of Public
Prayers, "and Adminis
tration of Sacraments, and other Rites
and Ceremonies, and for establishing
the Form of making, ordaining, and
consecrating Bishops, Priests, and
Deacons in the Church of England,'
as makes any schoolmaster or other
Person instructing or teaching youth
in any private house or family as a
tutor or schoolmaster punishable for
instructing or teaching any youth as
a tutor or schoolmaster before licence
obtained from his respective arch
bishop, bishop, or ordinary of the
diocese, according to the laws and
statutes of this realm, and before such
subscription and acknowledgment
made as in the said act is mentioned :
" Also so much of the last-mentioned act
whereby any act or part of any act
herein-before repealed has been con
firmed or kept in force :
" And also so much of any act or acts of
parliament whereby the said parts of
thesaidact of thirteenth and fourteenth
years of the reign of King Charles the
Second herein-before repealed have
been confirmed or incorporated in any
other act or acts of parliament :
"Also so much of an act of the parlia
ment of Ireland passed
i7(!&„18(!C,ai\a in the seventeenth and
CO. S. 0. (1.) . „
-*¦ and eighteenth years ot
the reign of the said King Charles as
requires that schoolmasters or other
persons instructing or teaching youth
in private houses or families as tutors
or schoolmasters should take the oath
of allegiance and supremacy, and as
makes such schoolmasters or other
persons punishable for so instructing
or teaching youth before licence ob
tained from their respective arch
bishop, bishop, or ordinary of the
diocese, and before such subscription
and acknowledgment made as in the
said act is mentioned :
*' Also so much of an act passed in the
thirtieth year of the reign of the said
King Charles, intituled
30 Car. 2. st. a , ^n Act for the more
e. 5. in part. effectual preservation of
the King's Person and Government, by v

disabling Papists from sitting in either
House of Parliament,' as enacts that
' every person now or hereafter con
victed of popish recusancy who here
after shall, at any time after the said
first day of December, come advisedly
into or remain in the presence of the
king's majesty or queen's majesty, or
shall come into the court or house
where they or any of them reside, as.
well during the reign of his present
majesty (whose life God long pre
serve) as during the reigns of any ot
his royal successors, kings or queens
of England, shall incur and suffer all
the pains, penalties, forfeitures, and
disabilities in this act mentioned or
contained : '
" Also an act of the parliament of Scot
land, passed in the eighth
and ninth session of the 8 * ' YC- 3- ,
- . ,. . r „. c. 3. (S.) and
first parliament ot King aii laws re-
William the Third, in- vived, ratified,
... , j , . A . c and confirmed
tituled ' An Act for pre- thereby.
venting the Growth of
Popery,' and all laws, statutes, and
acts of parliament revived, ratified,
and perpetually confirmed by the said
act of King William's first parlia
ment, except as to the form of the
formula in such last- mentioned act
contained:
" Also an act passed in the eleventh and
twelfth years of the reign
of the said King William J]4* 12 W' 3'
the Third, intituled, ' An
Act for the further preventing the
Growth of Popery : '
" Also an act passed in the first year of
the reign of Queen Anne,
intituled "An Act to • Anne, st. 1.
. . c. 3U.
oblige Jews to maintain
and provide for their Protestant
Children : "
" Also so much of an act of the parlia
ment of Ireland passed in the second
year of the reign of the said Queen
Anne, intituled ' An Act
to prevent the further \ \ _nnf- c- 6-
Growth of Popery,' as
enacts ' that if any person or persons
shall seduce, persuade, or pervert any
person or persons professing or that
shall profess the protestant religion,
to renounce, forsake, or abjure the
same, and to profess the popish reli
gion, or reconcile hiin or them to the
church of Rome, then and in such
case every such person and persons so
seducing, as also every such protestant
u 2

660

ANGLO-SAXON DOOMS,

[Ap

and protestants who shall be so se
duced, perverted, and reconciled to
popery, shall for the said offences,
being thereof lawfully convicted, in
cur the danger and penalty of prse-
munire mentioned in the Statute of
Praemunire made in England in the
sixteenth year of the reign of King
Richard the Second : '
" Also so much of the said last-men
tioned act of Queen Anne
as empowers the court of
Chancery to make such order for the
maintenance of protestant children not
maintained by their popish parents,
suitable to the degree and ability of
such parents and to the age of such
child, and also for the portions of
protestant children, to be paid at the
decease of their popish parents, as
that court shall adjudge fit, suitable
to the degree and ability of such pa
rents, and as empowers the said court
to make such order for the educating
in the protestant religion the children
of papists, where either the father or
mother of such children shall be pro
testants, till the age of eighteen years
of such children, as to that court shall
seem meet, and in order thereto to
limit and appoint where, and in what
manner, and by whom such children
shall be educated ; and as
enacts that the father of
such children shall pay the charges
of such education as shall be directed
by the said court :
" And an act passed in the eleventh year
of the reign of King George the
t, r. n ,- Second, intituled 'An
11 O.2. c. 17. * j. r • ,1 t
Act for securing the Es
tates of Papists conforming to the
Protestant Religion against Disabi
lities created by several Acts of Par
liament relating to Papists ; and for
rendering more effectual the several
Acts of Parliament made for vesting
in the Two Universities in that Part
of Great Britain called England the
Presentation of Benefices belonging
to Papists,' except so much of the
said act as relates to any advowson, or
right of presentation, collation, no
mination, or donation of or to any
benefice, prebend, or ecclesiastical
living, school, hospital, or donative, or
any grant or avoidance thereof, or any
admission, institution, or induction to
be made thereupon, but so as that the

repeal of the said act shall not in any
wise affect or prejudice the right,
title, or interest of any person in or-
to any lands, tenements, or heredita
ments under and by virtue of the pro
visions of the said act at the time ot
such repeal :
" Also so much of an act of the parlia
ment of Ireland, passed in the seven
teenth and eighteenth years of the
reign of King George the Third, in
tituled ' An Act for the
Relief of his Majesty's ^J.^f ?j.
Subjects of this King
dom professing the Popish Religion/
as enacts ' that no maintenance or
portion shall be granted to any child
of a popish parent, upon a bill filed
against such parent pursuant to the
aforesaid act of the second of Queen
Anne, out of the personal property of
such papist, except out of such leases
which they may hereafter take under
the powers granted in this act: '
' Also so much of an act passed in the
eighteenth year of the saidKingGeorge1
the Third, intituled 'An
Act for relieving his *85G- 3- c*60-
Majesty's Subjects pro
fessing the Popish Religion from cer->
tain Penalties and Disabilities im
posed on them by an Act made in the
Eleventh and Twelfth Years of the
Reign of King William the Third,
intituled " An Act for the further pre
venting the Growth of Popery,"' as
enacts 'that nothing in this act con
tained shall extend or be construed to
extend to any popish bishop, priest,
Jesuit, or schoolmaster who shall not
have taken and subscribed to the
above oath in the above words before
he shall have been apprehended, or
any prosecution commenced against
him : '
• Also so much of an act of the parlia
ment of Ireland passed in the twenty-
third and twenty- fourth years of the
reign of the said King George the
Third, intituled * An
Act for extending the ffg^fj 3'
Provisions of an Act
passed in this Kingdom in the Nine
teenth and Twentieth Years of 'his
Majesty's Reign, intituled " An Act
for naturalizing such Foreign Mer
chants, Traders, Artificers, Artizans,
Manufacturers, Workmen, Seamen,
Farmers, and others, as shall settle in

Appendix.]

AND OTHER RECORDS.

661

this Kingdom," as excepts out of the
benefit of that act persons professing
the Jewish religion :
*' Also so much of an act passed in the
thirty-first year of the reign of the
said King George the Third, intituled
„„ ' An Act to relieve,
' upon Conditions and un
der Restrictions, the Persons therein
described from certain Penalties and
Disabilities to which Papists or Per
sons professing the Popish Religion
are by Law subject,' as enacts ' that
nothing herein contained
shall be construed to give
any ease, benefit, or advantage to any
person who shall, by preaching, teach
ing, or writing, deny or gainsay the
cath of allegiance, abjuration, and de
claration herein-before mentioned and
appointed to be taken as aforesaid, or
the declarations or doctrines therein
contained, or any of them -. '
" Also so much of the said last-men
tioned act as provides and
enacts, ' that no school
master professing the Roman catholic
religion shall receive into his school
for education the child of any pro
testant father : '
" Also so much of the said last-men
tioned act as provides and
enacts, 'that no person
professing the Roman catholic reli
gion shall be permitted to keep a
school for the education of youth un
til his or her name and description as
a Roman catholic schoolmaster or
schoolmistress shall have been re
corded at the quarter or general ses
sion of the peace for the county or
other division or place where such
school shall be situated, by the clerk
of the peace of the said court, who is
- hereby required to record such name
and description accordingly upon de
mand by such person, and to give a
certificate thereof to such person as
shall at any time demand the same,
and no person offending in the pre
mises shall receive any benefit of this
act: '
" Also so much of an act of the parlia
ment of Ireland passed in the thirty-
third year of the reign of the said King
George the Third, inti-
^m?;-?-81' '"led 'An Act for the
s. i*. (10 Relief of his Majesty's
Popish or Roman catholic Subjects of
Ireland,' as provides ' that no papist or v v

Roman catholic, or person professing
the Roman catholic or popish religion,
shall take any benefit by or under this
act, unless he shall have first taken and
subscribed the oath and declaration
in this act contained and set forth,
and also the said oath appointed by
the said act passed in the thirteenth
and fourteenth years of his Majesty's
reign, intituled " An Act to enable
His Majesty's Subjects, of whatever
Persuasion, to testify their Allegiance
to Him in some One of his Majesty's
Four Courts in Dublin, or at the
General Sessions of the Peace, or at
any Adjournment thereof, to be holden
for the County, City, or Borough
wherein such Papist or Roman Ca
tholic, or Person professing the Ro
man Catholic or Popish Religion,
doth inhabit or dwell, or before the
going Judge or Judges of Assize in
the County wherein such Papist or
Roman Catholic, or Person professing
the Roman Catholic or Popish Reli-
ligion, doth inhabit and dwell, in open
Court:"'
" Also an act passed in the said thirty-
third year of the reign of the said King
George the Third, inti
tuled ' An Act for requir- 3S a 3' c- 4*'
ing a certain Form of Oath of Abjur
ation and Declaration from his Ma
jesty's Subjects professing the Roman
Catholic Religion in that part of
Great Britain called Scotland. '
"II. And be it enacted, that from and
after the commencement of
this act her Majesty's sub- sub^ec'u^the
jects professing the Jewish same laws as
religion, in respect to their £™£;
schools, places for religious pect to schools
worship, education, and and places of
charitable purposes, and the wo s lp*
property held therewith, shall be sub
ject to the same laws as her Majesty's
protestant subjects dissenting from the
church of England are subject to, and
not further or otherwise.
"III. Provided, that nothing in this
act contained shall affect
any action or suit actually Not to affect
3 ,. , J pending suits,
pending or commenced, or
any property now in litigation, discus
sion, or dispute, in any of her Majesty's
courts of law or equity.
" IV. That from and after the Com
mencement of this act all ~. .
, ,, . Disturbing
laws now m force against religious as-
the wilfully and malici- sembly, &c.
3

662

ANGLO-SAXON DOOMS,

[A

PPENDIX.

ously or contemptuously disquieting or
.disturbing any meeting, assembly, or
congregation of persons assembled for
religious worship, permitted or au
thorized by any former act or acts of
parliament, or the disturbing, molest
ing, or misusing any preacher, teacher,
or person officiating at such meeting,
assembly, or congregation, or any per
son or persons there assembled, shall
apply respectively to all meetings, as
semblies, or congregations whatsoever of
persons lawfully assembled for religious
worship, and the preachers, teachers, or
persons officiating at such last-mentioned
meetings, assemblies, or congregations,
and the persons there assembled.
" V. That this act may be repealed,
Act may be altered, or varied at any
amended, &c. time within this session of
Parliament."

BRIEF OF POPE PIUS IX.
The power of ruling the universal
Church, committed by our Lord Jesus
Christ to the Roman Pontiff, in the
person of St. Peter, Prince of the Apos
tles, hath preserved, through every age,
in the Apostolic See, that remarkable
solicitude by which it consulteth for the
advantage of the Catholic religion in all
parts of the world, and studiously pro
vided for its extension. And this cor
responded with the design of its Divine
Founder, who, when be ordained a head
to the Church, provided for its safety,
by his excelling wisdom, to the end of
time. Amongst other nations the famous
realm of England hath experienced the
effects of this solicitude on the part of
the Supreme Pontiff. Its historians
testify, that in the very earliest ages of
the Church the Christian religion was
introduced into Britain, and subsequently
flourished greatly there ; but about the
middle of the fifth century, after the
Angles and Saxons had been invited
into the island, not only the affairs of the
nation, but religion itself, suffered most
grievous injury. But it is well known
that our most holy predecessor, Gregory
the Great, sent first Augustine the Monk,
with his companions, who subsequently,
with several others, were raised to the
dignity of bishops ; and a. great com-
' pany of Benedictine Priests having been
sent to join them, the Anglo-Saxons

were brought to embrace the Christian
religion ; and by bis influence it was
brought to pass, that in Britain, which
had now come to be called England, the
Catholic religion was every where again
restored and extended. But to recount
more recent events, the history of the
Anglican schism in the sixteenth cen
tury presents no feature so remarkable
as the care unremittedly exercised by the
Roman Pontiffs our predecessors to give
succour, in its hour of extremest peril,
to the Catholic religion in that realm,
and by all means in their power to afford
it assistance. Amongst other instances
of this care are the enactments and pro
visions made by the chief Pontiffs, or
under their direction and approval, for
the unfailing supply of persons to take
charge of Catholic interests in that coun
try ; and also for the education of Catho
lic youths of good abilities on the Con
tinent, and their careful instruction in
all branches of theological learning ; so
that, when subsequently promoted to
holy orders, they might return to their
native land and labour diligently to
benefit their countrymen, by the ministry
of the Word and of the sacraments, and
by the defence and propagation of the
true faith.
Perhaps even more conspicuous have
been the exertions made by our prede
cessors for the purpose of enabling the
English Catholics to have superiors in
vested with the episcopal character, as
the fierce and cruel storms of persecution
had deprived them of the presence and
pastoral care of their own bishops. The
Letters Apostolical of Pope Gregory
XV., commencing with the words " Ec
clesia Romana," and dated March 23.
1623, set forth that the chief Pontiff, as
soon as he was able, had deputed "Wil
liam Bishop, consecrated Bishop of Chal
cedon, with an ample supply of faculties,
and the authority of ordinary, to govern
the Catholics of England and of Scot
land. Subsequently, on the death of
the said William Bishop, Pope Urban
VIII., by Letters Apostolical, dated
Feb. 4. 1625, to tbe like effect, and di
rected to Richard Smith, renewed the
mission, and conferred on him, as Bishop
of Chalcedon, the same faculties and
powers as had been granted to William
Bishop. When King James II. ascended
the English throne, there seemed to be a
prospect of happier times for the Catho
lic religion. Innocent XI. immediately

AFPBND1X.J

AND OTHER RECORDS.

663

availed himself of this opportunity to
ordain, in the year 1685, John Ley burn,
Bishop of Adrumetum, Vicar Apostolic
of all England. Subsequently, by other
Letters Apostolical, issued January 30.
1688, and commencing with the words
" Super Cathedram," he associated with
Leyburn, as Vicars Apostolic, three other
bishops with titles taken from churches
in partibiis infidelium ; and accordingly,
with the assistance of Ferdinand, Arch
bishop of Amaria, Apostolic Nuncio in
England, the same Pontiff divided Eng
land into four districts, namely, the
London, the Western, the Midland, and
the Northern; each of which a Vicar
Apostolic began to govern, furnished
with all suitable faculties, and with the
powers proper to a local Ordinary.
Benedict XIV. by his Constitution,
dated May 30. 1753, beginning " Apos-
tolicum Ministerium," and the other
Pontiffs, our predecessors, and our Con
gregation of Propaganda, both by their
authority and by their wise answers,
supplied them with a rule of conduct,
and with aid towards the right discharge
of their important functions. This par
tition of all England into four Apostolic
Vicariates lasted till the time of Gregory
XVI., who, by Letters Apostolic, dated
July 3. 1840, beginning " Muneris Apos-
tolici," having taken into consideration
the increase which the Catholic religion
had already received in that kingdom,
made a new ecclesiastical arrangement of
the districts, doubling the number of the
Apostolic Vicariates, and committing the
government of the whole of England in
spirituals to the Vicars Apostolic of Lon
don, the West, the East, the Centre,
Wales, Lancaster, York, and the North.
These facts that we have here cursorily
touched upon, to omit all mention of
others, are a clear proof that our pre
decessors have earnestly laboured, that
as far as their influence could effect it,
the Church in England might be re
freshed and re-erected from the midst of
the great calamity that had befallen her.
Having, therefore, before our eyes the
illustrious example of our predecessors,
and wishing to emulate it, in accordance
with the duty of the Supreme Aposto-
late, and also giving way to the inclina
tion of our own heart towards that be
loved part of our Lord's vineyard, we
have purposed, from the very first com
mencement of our pontificate, to prosecute a
work so well commenced, and to devote our u u

closer attention to the promotion of the
Church's advantage in that kingdom.
Wherefore, having taken into earnest
consideration the general state of Catho
lic affairs at present in England, and
reflecting on the very large and every
where increasing number of Catholics
there ; considering also that the impedi
ments which stood so much in the way
of the propagation of Catholicism are
daily being removed, we have thought
that the time had arrived, when the
form of ecclesiastical government in Eng
land might be restored to that shape in
which it exists freely amongst other
nations, where there is no special cause
for their being ruled by the extraordinary
ministry of Vicars Apostolic. We felt
that the adjuncts of times and circumstances
had brought it to pass, that it was not
necessary for the English Catholics to be
any longer governed by Vicars Apostolic ;
nay more, that such a change of circum
stances had taken place as to demand the
form of Ordinary Episcopal government.
In addition to this, the Vicars Apostolic
of England themselves had, with united
voice, besought this of us ; many also,
both of the clergy and laity, highly es
teemed for their virtue and rank, had
made the same petition ; and this was
also the earnest wish of by far the ma
jority of other Catholics of England.
Whilst we pondered on these things, we
did not omit to implore the aid of Al
mighty God, that in deliberating on a
matter of such weight, we might be en
abled both to discern, and rightly to
fulfil that which might be most con
ducive to promote the good of the
Church. We also invoked the assistance of the
most blessed Mary the Virgin, Mother
of God, and of those Saints, who have
rendered England illustrious by their
virtues, that they would vouchsafe to aid
us by their advocacy with God towards
the happy accomplishment of this affair.
In addition, we committed the whole
matter to our venerable brethren the
Cardinals of the Holy Roman Church,
our Congregation for the Propagation
of the Faith, to be carefully and gravely
considered. Their opinion was entirely
in accordance with our own desires, and
we freely approved of it ; and judged
that it be carried into execution. The
whole matter, therefore, having been
carefully and deliberately weighed, We,
of our own proper motion, on certain

664,

ANGLO-SAXON DOOMS,

[A

PPENDIX*

knowledge, and in the plenitude of our
Apostolical power, constitute and de
cree, that in the kingdom of England,
according to the common rules of the
Church, the Hierarchy of Ordinary
Bishops shall reflourish, who shall be
named from Sees, which we constitute
by these very Letters of ours, in the
several districts of the Apostolic Vicar
iates. To begin with the London Dis
trict, there shall be in it two Sees ; that
of Westminster, which we elevate to the
degree of the Metropolitan or Archi-
episcopal dignity, and that of Southwark,
which, as also the others (to be named
presently), we assign as suffragan to
Westminster. The diocese of West
minster shall embrace that part of the
above-named district which extends to
the north of the river Thames, and in
cludes the counties of Middlesex, Essex,
and Hertford; that of Southwark shall
contain the remaining part to the south
bf the river, viz., the counties of Berks,
Southampton, Surrey, Sussex, and Kent,
with the Islands of Wight, Jersey,
Guernsey, and the others adjacent to
them. In the Northern District there shall
be only one Episcopal See, to be named
from the city of Hexham, the diocese of
which shall be bounded by the same
limits as the district itself.
The York District shall also form one
diocese ; and the bishop shall have his
see in the city of Beverley.
In the Lancaster district there shall
be two bishops ; of whom the one shall
receive his title from the See of Liver
pool, and shall have for his diocese the
Isle of Man, the hundreds of Lonsdale,
Amounderness, and West Derby. The
other shall take the name of his See from
the city of Salford ; and shall have for
his diocese the hundreds of Salford,
Blackburn, and Leyland : as to the
county of Chester, although it has
hitherto belonged to that district, we
shall now annex it to another diocese.
In the District of Wales there shall
be two bishoprics, viz. that of Shrews
bury, and that of St. David's and New
port united with each other. The diocese
of Shrewsbury shall contain, northwards,
the counties of Anglesey, Carnarvon,
Denbigh, Flint, Merioneth, and Mont
gomery; to which we annex the county
of Chester, out of the Lancaster District,
and the county of Salop, from the Cen
tral District. We assign to the Bishop

of St. David's and Newport, as his dio
cese, northwards, the Counties of Car
marthen, Cardigan, Glamorgan, Pem
broke, and Radnor, also the English
counties of Monmouth and Hereford.
In the Western District we establish
two Episcopal Sees, that of Clifton and
that of Plymouth. To the former of
these we assign as a diocese the counties
of Gloucester, Somerset, and Wilts ; to
the latter those of Devon, Dorset, and
Cornwall. The Central District, from which we
have already detached the county of
Salop, shall have two Episcopal Sees ;
that of Nottingham and that of Birming
ham. To the former of these we assign,
as a diocese, the counties of Nottingham,
Derby, and Leicester, together with those
of Lincoln and Rutland, which we hereby
separate from the Eastern District. To
the latter we assign the counties of
Stafford, Warwick, Worcester, and Ox
ford. Lastly : in the Eastern District, there
shall be but one bishop's see, which shall
take its name from the city of North
ampton, and shall have its diocese com
prised within the same limits as have
hitherto bounded the district, with the
exception of the counties of Lincoln and
Rutland, which we have already assigned
to the aforesaid diocese of Nottingham.
Thus, then, in the most flourishing
kingdom of England, there shall be a
single Ecclesiastical Province, consti
tuted of One Archbishop, or Metropoli
tan Prelate, and Twelve Bishops his
suffragans ; by whose zeal and pastoral
care we trust, under God's favour, that
tbe Catholic estate in that country shall
have a fruitful and daily increasing ex
tension. Wherefore, we now reserve to
ourselves and our successors, the Pontiffs
of Rome, the power of again dividing
the said province into more than one,
and of increasing the number of dioceses,
as occasion shall require ; and in general,
of freely decreeing, as it shall seem meet
before the Lord, new boundaries to them.
In the meanwhile we command the
aforesaid archbishop and bishops, that
they transmit, at due times, to our Con
gregation for the Propagation of the
Faith reports of the state of their
Churches, and that they never omit to
keep the said Congregation fully in
formed respecting all matters which they
know will conduce to the spiritual weU
fare of their Bock$. For we shall con-

Appendix.]

AND OTHER RECORDS.

665

iinue to avail ourselves'of the services of
the said Congregation in administering
all matters appertaining to the Anglican
Churches. But in the sacred govern
ment of the clergy and the people, and
in all other things appertaining unto the
pastoral office, the archbishop and bishops
of England shall henceforward enjoy all
the rights and faculties which other
Catholic archbishops and bishops of
other nations, according to the Common
Ordinances of the Sacred Canons and
Apostolic Constitutions, use, and may
use : and shall be equally bound by
those obligations which bind other arch
bishops and bishops according to the
same common discipline of the Catholic
Church. Further, whatever regulations,
either in the ancient system of the Angli
can Churches, or in the subsequent state
of the missions, may have been in force,
either by special constitutions or pri
vileges or peculiar customs, shall hence
forth, circumstances having been changed,
carry no right nor obligation with them ;
and in order that no doubt may remain
on this point, We, by the plenitude of
our Apostolic authority, take away and
abrogate all power whatsoever of impos
ing obligation or conferring right from
those peculiar constitutions and privi
leges of whatever kind they may be, and
from all customs, at whatever period,
even the most ancient or immemorial,
they may have been introduced. Hence
it shall for the future be open for the
archbishop and bishops of England to
decree such things as belong to the exe
cution of the Common Law, and such as,
according to the common discipline of
the Church, are left to the authority of
bishops. We, certainly, shall not omit
to assist them with our Apostolic autho
rity, and most readily will we second all
their applications in those things which
shall seem to conduce to the greater
glory of God's name and the salvation of
souls. Our principal object, indeed, in
decreeing by these our Letters Apos
tolic, the restoration of the Ordinary
Hierarchy of Bishops, and the observa
tion of the Common Law of the Church,
has been to consult the well-being and
extension of the Catholic religion
throughout the realm of England ; but,
at the same time, it has been our pur
pose to gratify the wishes both of our
venerable brethren who rule over sacred
matters in that kingdom by the delegated
authority of the Apostolic See, and also of

very many of our well-beloved children
of the Catholic clergy and people, from
whom we had received the most urgent
prayers to that effect. The same appli
cation had repeatedly been made by their
ancestors to our predecessors, who, in
deed, had first commenced to depute
Vicars Apostolic in England at a time
when it was impossible for any Catholic
prelate to remain there in possession of
his own Church by right as Ordinary ;
and hence their design in successively
augmenting the number of Vicars and
Vicarial districts, was not certainly that
the Catholic estate in England should
be perpetually under an extraordinary
form of government, but rather that,
looking forward to its extension in pro
cess of time, they might prepare the
way for the ultimate restoration of the
Ordinary Hierarchy there.
And therefore we, to whom by God's
great goodness it hath been granted to
complete this great work, do now hereby
declare, that it is very far from our in
tention or design that the prelates of
England, now possessing the title and
rights of Bishops in Ordinary, should, in
any other respect, be deprived of any
advantages which they have enjoyed here
tofore under the character of Vicars
Apostolic. For it would not be reason
able, that the enactments we now make
at the instance of the English Catholics,
for the benefit of religion amongst them,
should turn to the detriment of the
Vicars Apostolic. Moreover, we rely
most firmly on the hope that the same,
our beloved children in Christ, who have
never ceased to contribute by their alms
and liberality, under such various cir
cumstances, to the support of the Catho
lic estate, and of the Vicars Apostolic,
will henceforward manifest even greater
liberality towards the bishops themselves
who are now bound by a stronger tie to
the Anglican Churches, so that they
may never be in want of the temporal
supplies requisite for the splendour of
the temples, and of divine service, and
for the support of the clergy and the poor,
and other ecclesiastical uses. In con
clusion, lifting up our eyes unto the
hills, from whence cometh our help, to
God Almighty and All-merciful, with all
prayer and supplication and thanksgiv
ing, we humbly beseech Him, that He
would confirm by the power of His
Divine assistance all that we have now
decreed for the good of the Church ;

666

ANGLO-SAXON DOOMS,

[Appendix:,

and that He would bestow the strength
of His grace on those to whom the exe
cution of our decrees chiefly belongs,
that they may feed the Lord's flock
which is amongst them, and that they
may alway apply themselves more dili
gently to advance the greater glory of
His Name. And in order to obtain the
more abundant succours of heavenly
grace for this purpose, We again invoke,
as deprecators before God, the most
Holy Mother of God, the Blessed Apos
tles Peter and Paul, with the other
heavenly patrons of England ; and es
pecially St. Gregory the Great, that since
it is now granted to such our insufficient
deserts to renew Episcopal Sees in Eng
land, precisely as he in his age accomplished
it, to the very great advantage of the
Church, this restoration also which we
make of Episcopal Dioceses in that
kingdom may redound to the benefit of
the Catholic religion. Decreeing that
these our Letters Apostolical may never
at any time be objected against or im-
pugned, through fault of mis-suggestion
and mis-suppression, or any defect either
of our intention, or otherwise ; but shall
always be valid and in force, and ought
to take effect in all particulars, and be in
violably observed. All general or special
enactments notwithstanding, whether
Apostolic, or issued in Synodal, Pro
vincial, or Universal Councils ; notwith
standing also all rights and privileges of
the ancient Sees of England, and of the
Missions, and of the Apostolic Vicariates
subsequently there established, and of all
Churches whatsoever, and pious places,
whether established by oath, by Apostolic
confirmation, or by any other security
whatsoever ; notwithstanding, lastly, all
other things to tbe contrary whatsoever.
For all these, in as far as they contravene
the foregoing enactments, although it
should be requisite that a special men
tion of them should be made for their
repeal, or some other form, however par
ticular, be observed, we expressly repeal.
Moreover, we decree, that if, in any
other manner, any attempt shall be
MADE BY ANY PERSON, OR BY ANY AUTHO
RITY, KNOWINGLY OR IGNORANTLY, TO SET
ASIDE THESE ENACTMENTS, SUCH ATTEMPT
SHALT, BE NULL AND VOID. And it IS OUT
will and pleasure that printed copies of
these our Letters, when subscribed by
the hand of a notary public, and sealed
with the seal of a constituted ecclesiasti
cal dignitary,Bshall have the same credit

as would be given to the expression of
our will upon the production of this
diploma. Given at Rome, at St. Peter's, under
the Fishermau's ring, this 29th day of
September, 1 850, in the fifth year of
our Pontificate. A. Card. Lambruschini.
PASTORAL.
Nicholas, by the Divine Mercy of the Holy
Roman Church by the Title of St.
Pudentiana Cardinal Priest, Archbishop
of Westminster, and Administrator Apos
tolic of the Diocese of Southwark.
To our Dearly Beloved in Christ, the
Clergy Secular and Regular, and the
Faithful of the said Archdiocese and
Diocese,
Health and Benediction in the Lord,
If this day we greet you under a new
title, it is not, dearly beloved, with an
altered affection. If in words we seem
to divide those, who till now have formed,
under our rule, a single flock, our heart
is as undivided as ever in your regard.
For now truly do we feel closely bound
to you by new and stronger ties of
charity ; now do we embrace you in our
Lord Christ Jesus, with more tender
emotions of paternal love ; now doth
our soul yearn, and our mouth is open
to you* ; though words must fail to ex
press what we feel, on being once again
permitted to address you. For if our
parting was in sorrow, and we durst not
hope that we should again face to face be
hold you, our beloved flock ; so much
the greater is now our consolation and our
joy, when we find ourselves, not so much
permitted, as commissioned, to return to
you, by the Supreme Ruler of the
Church of Christ.
But how can we for one moment in
dulge in selfish feelings, when through
that loving Father's generous and wise
counsels, the greatest of blessings has
just been been bestowed upon our coun
try's by the restoration of its true Catholic
hierarchical government, in communion
with the See of Peter.
For on the twenty-ninth day of last
month, on the Feast of the Archangel
St. Michael, Prince of the Heavenly
Host, His Holiness Pope Pius IX. was
graciously pleased to issue his letters
Apostolic, under the Fisherman's Ring,
* 2 Cor. vi. 2.

Appendix.]

AND OTHER RECORDS.

667

conceived in" terms of great weight and
dignity, wherein he substituted for the
eight Apostolic Vicariates heretofore
existing, one Archiepiscopal or Metro
politan and twelve Episcopal Sees; re
pealing at the same time, and annulling,
all dispositions and enactments, made
for England by the Holy See, with re
ference to its late form of ecclesiastical
government. And by a Brief dated the same day,
His Holiness was further pleased to
appoint us, though most unworthy, to
the Archiepiscopal See of Westminster,
established by the above mentioned letters
Apostolic, giving us at the same time the
administration of the Episcopal see of
Southwark. So that at present, and till
such time as the Holy See shall think fit
otherwise to provide, we govern, and shall
continue to govern, the counties of Mid
dlesex, Hertford, and Essex, as Ordinary
thereof, and those of Surrey, Sussex,
Kent, Berkshire, and Hampshire, with
the Islands annexed, as Administrator
with Ordinary jurisdiction.
Further we have to announce to you,
dearly beloved in Christ, that, as if still
further to add solemnity and honour be
fore the Church to this noble act of Apos
tolic authority, and to give an additional
mark of paternal benevolence towards
the Catholics of England, His Holiness
was pleased to raise us, in the private
Consistory of Monday, the 30th of Sep
tember, to the rank of Cardinal Priest
of the Holy Roman Church. And on
the Thursday next ensuing, being the
third day of this month of October, in
public Consistory, he delivered to us the
insignia of this dignity, the Cardinalitial
Hat; assigning us afterwards for our
title in the private Consistory which we
attended, the Church of St. Pudentiana,
in which St. Peter is groundedly be
lieved to have enjoyed the hospitality of
the noble, and partly British family of
the Senator Pudens.
In that same Consistory we were en
abled ourselves to ask for the Archiepis
copal Pallium, for our new See of West
minster ; and this day we have been
invested, by the hands of the Supreme
Pastor and Pontiff himself, with this
badge of Metropolitan jurisdiction.
The great work then is complete;
what you have long desired and prayed
for is now granted. Your beloved coun
try has received a place among the fair
Churches, which, normally constituted

form a splendid aggregate of Catholic
Communion : Catholic England has been
restored to its orbit in the ecclesiastical
firmament, from which its light had long
vanished, and begins now anew its course
of regularly adjusted action, round the
centre of unity, the source of jurisdic
tion, of light and of vigour. How
wonderfully all this has been brought
about, bow clearly the hand of God has
been shown in every step, we have not
now leisure to relate; but we may hope
soon to recount to you by word of
mouth. In the meantime we will con
tent ourselves with assuring you, that,
if the concordant voice of those venera
ble and most eminent Counsellors to
whom the Holy See commits the regu
lation of Ecclesiastical affairs in Mis
sionary countries, of the overruling of
every variety of interests and designs, to
the rendering of this measure almost
necessary, if the earnest prayers of our
holy Pontiff and his most sacred obla
tion of the Divine Sacrifice, added to
his own deep and earnest reflection, can
form to the Catholic heart an earnest of
heavenly direction, an assurance that the
Spirit of truth, that guides the Church,
has here inspired its Supreme Head, we
cannot desire stronger or more consoling
evidence that this most important mea
sure is from God, has His sanction and
blessing, and will consequently prosper.
Then truly is this day to us a day of
joy and exaltation of spirit, the crown
ing day of long hopes, and the opening
day of bright prospects. How must
the saints of our country, whether Ro
man or British, Saxon or Norman, look
down from their seats of bliss with beam
ing glance upon this new evidence of
the Faith and Church which led them
to glory, sympathising with those who
have faithfully adhered to them through
centuries of ill repute, for the truth's
sake, and now reap the fruit of their
patience and long-suffering. And all
those blessed martyrs of these later ages,
who have fought the battles of the Faith
under such discouragement, who mourn
ed, more than over their own fetters or
their own pain, over the desolate ways
of their own Sion and the departure of
England's religious glory ; oh ! how
must they bless God, who hath again
visited His people, how take part in
our joy, as they see the lamp of the
temple again enkindled and rebrighten-
ing, as they behold the silver links of

668

ANGLO-SAXON DOOMS, ETC.

[Appendix.

that chain, which has connected their
country with the See of Peter in its
Vicarial Government, changed into bur
nished gold; not stronger nor more closely
knit, but more beautifully wrought and
more brightly arrayed.
And in nothing will it be fairer or
brighter than in this, that the glow of
more fervent love will be upon it.
Whatever our sincere attachment and
unflinching devotion to the Holy See
till now, there is a new ingredient cast
into these feelings ; a warmer gratitude,
a tenderer affection, a profounder ad
miration, a boundless and endless sense
of obligation, for so new, so great, so
sublime a gift, will j>e added to past
sentiments of loyalty and fidelity to the
supreme See of Peter. Our venerable
Pontiff has shown himself a true Shep
herd, a true Father ; and we cannot but
express our gratitude to him in our most
fervent language, in the language of
prayer. For when we raise our voices,
as is meet, in loud and fervent thanks
giving to the Almighty, for the precious
gifts bestowed upon our portion of
Christ's vineyard, we will also implore
every choice blessing on Him who has
been so signally the divine instrument
in procuring it. We will pray that His
rule over the Church may be prolonged
to many years, for its welfare; that
health and strength may be preserved to
Him for the discharge of His arduous
duties, that light and grace may be
granted to Him proportioned to the sub
limity of His office ; and that consola
tions, temporal and spiritual, may be
poured upon Him abundantly, in com
pensation for past sorrows and past ingra
titude. And of these consolations may
one of the most sweet to His paternal

heart be the propagation of Holy Reli
gion in our country, the advancement of
His spiritual children there in true piety
and devotion, and our ever increasing af
fection and attachment to the See of St.
Peter. In order, therefore, that our thanks
giving may be made with all becoming
solemnity, we hereby enjoin as follows : 
1. This our Pastoral Letter shall be
read publicly in all the Churches and
Chapels of the Archdiocese of West
minster and the Diocese of Southwark,
on the Sunday after its being received.
2. On the following Sunday there
shall be in every such Church or Chapel
a Solemn Benediction of the Blessed
Sacrament, at which shall be sung the
Te Deum, with the usual versicles and
prayers with the prayer also Fidelium
Deus Pastor, et Rector for the Pope.
3. The Collect Pro Gratiarum Actione,
or Thanksgiving, and that for the Pope
shall be recited in the Mass of that day
and for two days following.
4. Where Benediction is never given,
the Te Deum, with its prayers, shall be
recited or sung after Mass, and the Col
lects above named shall be added as en
joined. And at the same time earnestly en
treating for ourselves also, a place in
your fervent prayers, We lovingly im
plore for you and bestow on you the
Blessing of Almighty God, Father, Son,
and Holy Ghost. Amen.
Given out of the Flaminian Gate of
Rome, this seventh day of October, in
the year of Our Lord MncccL.
(Signed) Nicholas,
Cardinal Archbishop of Westminster.
By command of His Eminence.
Francis Searle, Secretary.

INDEX.

A.

Abbeys, causes of their erection, iii. 597. ;
religious persons to send no tax or im
position beyond the sea, 598. ; imposi
tions not to be assessed by priors aliens,
598. ; the common seals to be kept in
the custody of the prior, 598.
Absolution, the doctrine of, as taught by
the Church of Rome, i. 173.; how con
trary to the doctrines of Scripture, 469. ;
newness of the doctrine, ii. 68.; its dan
ger, 519.; a pretended shorter way to
heaven, ib. ; aim of the Roman Church
in teaching it, 520. ; not above 400
years old, 570.
Adrian, Pope, on indulgences, i. 486.
490. ; his letter to Constantine read at
the Council of Nice, 561.
Advowsons of benefices "belong to tbe
King and great men of the kingdom,
iii. 600. 608. ; bestowed by the Pope
upon aliens, reserving the first fruits to
himself, 600. 609. ; why they were
given to spiritual persons, 605. ; incon
veniences of giving them to aliens, 605.
608. ; penalty to those who accept a
benefice contrary to the statute, 611.
617.
.ffisculapius worshipped by the heathen as
a water serpent, ii. 346.
Africa, St. Cyprian called the Archbishop
of, i. 326.
Agnus Dei's, an invention of the Church
of Rome, i. 525. ; clause of an act
13 Eliz. against the bringing them into
the realm, iii. 642.
Agobardus, bishop of Lyons, his book
concerning pictures and images, ii. 339.
Albernotius, Cardinal, ordered fifty thou
sand masses to be said for his soul, i.
489.
Alcuinus the most learned man of his age,
' against image worship, i. 552. 564.

Alexandria, a metropolitical see, i. 326. ;
authority of the Patriarch, 328.
Alfred, King, extract from his laws, iii.
588.
Aliens, statute restraining them from hold
ing benefices in England, iii. 614.; ad
vowsons bestowed upon aliens by tbe
Pope, 600. 609.
All Souls' Day, its institution, ii. 170.
Ambrose, St., quotation from his book
" Of the Good of Death," ii. 106. ;
against images, 359. ; on the Eucharist,
438. 467. ; on absolution, 569.
Anablatha, a picture of our Saviour in
the church of, destroyed by Epiphanius,
i. 559., ii. 48. 335. 359.
Andrewes, Lancelot, bishop of Winches
ter, of justification in Christ's name, ii.
528. ; of image worship, 342. ; on the
real presence of Christ's body in the
sacrament of the Eucharist, 405. ; of
convocation, iii. 377.
Angels, the worship of, forbidden, i. 553.^
unwarrantable, 579. ; the testimony of
Origen against, ii. 195.; a secret kind
of idolatry, 234. ; testimonies of the
Fathers against, 238. ; not to be wor
shipped, 381.
Annunciation of the Virgin Mary, ii. 284.
288, 289.
Anselm, his quarrel with William Rufus,
in respect of the Pope's supremacy, iii.
54. ; and with Henry I., 55. ; his weU
come by Urban II. "as the Pope of
another world," 490. ; the first great
promoter of the Papal authority with us,
493. ; the Archbishopric of Canterbury
conceded to him by William II., 593.
Antinomians, their odious teachings, ii.
511. 516.
Antioch, the Church of, i. 107. ; the me
tropolis of, 325. ; authority of the Pa
triarch, 328. 332. ; a Church there
before St. Peter went to Rome, 599,

670

INDEX.

Antiquity, on the use and value of, in
ecclesiastical matters, iii. 408.
Apocryphal books held as canonical by
the Roman Church, i. 191.
Apostacy cutteth clean off from the Church
of Christ, i. 23.
Apostles, the twelve, equal in mission and
power, i. 576. 601., iii. 478.
Appeals to be made from archdeacons to
the bishops and archbishops, iii. 617. ;
not to be made to Rome, 619, 620.;
Henry the Eighth's statute against ap
peals to Rome, 614.
Aquinas, Thomas, his doctrine said to be
the most certain rule of Christian reli
gion,' i. 159.; the chiefest champion of
a schoolman Rome ever had, iii. 142.;
bis works placed by Pope Innocent
next after the canonical writings, 145.;
against half communion, i. 451. ; against
the doctrine of transubstantiation, 606. ;
on image worship, ii. 328. ; on indul
gences, 608. ; on the Pope's supermacy,
iii. 11.
Archbishops, bishops subject to them, i.
327.; no appeal from, iii. 617.; ap
peals from their court to be made to
the Court of Chancery, 619.
Arches, Court of, appeals to be made to,
iii. 617.
Arian, the world become, i. 17.
Arians, their pestilent heresy, i. 63. 197.
349. 605. ; nothing in Scripture to
countenance it, iii. 410. ; sufficient
ground for rejecting their doctrines,
429. ; pretended origin of their doc
trine, 470. ; their claim to ancient tra
dition, 472.
Ariminum, Council of, i. 142.
Aries, Council of, i. 241, 242.
Arnobius, against images, ii. 358.
Arnoldus Carnotensis, his " Extravagant
Tract " in praise of the Blessed Virgin,
ii. 312.
Artemonians, their doctrines, iii. 469.
Articles of Faith, the new ones added by
the Church of Rome, i. 543.
Asia, the Seven Churches of, all Metro-
poles, i. 323. ; other Episcopal Sees
there, 324.
Assumption of the Virgin Mary, the
solemn tradition of, in the Romish
Church, i. 202., ii. 301. 322.
Athanasius, St., concerning tradition, ii.
78. ; on death, 106.; on the Eucharist,
435. ; how counterfeited, 356.
Athenagoras, the value of his writings, iii.
417. ; an attack on them, 446.
Attalus the Martvr, a pillar of the
Church, i. 128.

Augustan Confession of German Churches,
on the Eucharist, ii. 408.
Augustin, St., his conversion of the
Saxons, iii. 492. ; account of his mis
sion into Britain by St. Gregory, 577. ;
his reception by King Ethelbert, 579.;
appointed Archbishop of the English
nation, 580. ; St. Augustin Bishop of
Hippo, Africa, not a schismatic, i. 338.;
his excellent book " De Unitate Eccle
siae," 160. 166. ; his challenge to the
Donatists, 414. ; on the Eucharist,
446., ii. 440. 468. ; against the doctrine
of Transubstantiation, ii. 36. ; his words
against the doctrine of tradition, 78. ;
against the worship of Saints, 240. ;
against the doctrine of Purgatory, 110.;
against image worship, S38. 360. ;
against pictures in Churches, i. 459. ;
on ceremonies of the Church, 283.,
ii. 371.
Auricular Confession, the trade of, ii.
520. ; the commandment of men only,
553. ; the first decree concerning it,
553. ; treatise upon, by Bishop Taylor,
553. Vide Confession.
" Ave, maris Stella," the hymn so called,
in honour of the Virgin, ii. 294.
Azorius, the Jesuit, on image worship, ii.
329. B.
Bangor, barbarous massacre of the poof
innocent monks of, i. 575.
 , Abbot Of, his answer to St. Au
gustin respecting submission to the
Pope, iii. 587.
Baptism necessary before we can enter
the visible Church, i. 6. ; Cyprian on
baptism, 9. ; Calvin's answer to Farel
respecting the baptism of the children
of Popish parents, 11. ; answer of the
College of Geneva to Knox on the
same subject, 12. ; whether converts from
heresy may be baptized, 1 56. ; sign of the
cross in baptism, 283. ; the strange cere
monies used in the Roman Church,
586. ; a Christian cannot be without it,
ii. 366. ; a service of faith, 367. ; the
most absolute and most evident remis^
sion of sins, 567. ; the " epitome of
Christian religion," iii. 178.; King
Ina's law respecting, 557. 589.
Barbeyrac, his attack on the Fathers, iii.
444.
Barlow, Bishop, " Popery dangerous to
Protestant Princes," iii. 207.
Baronius, the eleventh volume of his Ec
clesiastical Annals prohibited in Spain*,
iii. 49;

INDEX.

671

Barrow, Dr. Isaac, Papal perversions of
the truth of Christian doctrine in con-
. tradictian to the Holy Scriptures and
primitive tradition, i. ] 70. ; of the
Pope's supremacy, iii. 3.
Bartholomew, St., the great Massacre of
Protestants in France, a. d. 1572, iii.
258.
Basil, Council of, i. 199. 309. 371. 383.
424. 438. ; rejected by tbe French
Church, i. 145.
Basil, St., on the Eucharist, ii. 437.
Bath and Wells, the bishopric ceded by
Henry I. to the Pope, iii. 594. ; taken
back by King Stephen, ib.
Battle Abbey, extract from the foundation
Charter by King William the Con
queror, iii. 592.
Becket, Thomas a, his letter to Henry II. ,
iii. 594., i. Pref. p. xvii. ; his consent to
the Decrees of the Clarendon Council,
iii. 56. ; an insolent and perjured trai
tor, ib. ; breaks his oath, 57. ; attempts
to leave the kingdom, ib. ; judgment of
the Barons against him, 57., 562, 563. ;
Henry II. absolved for his death, 93.
Bede's Ecclesiastical History, an extract
from, respecting St. Augustin's mission
into England, iii. 577 — 587. ; romantic
stories from, with which the Roman
Priests abuse the people, i. 526. ; on the
Eucharist, ii. 446. ; on confession, 561.
Bekenshaw's Commentary of the Sove
reign and Absolute Power of Kings, i.
360.
Belgic confession, regarding the Eucharist,
ii. 413.
Bellarmine, Cardinal, his book " De Ro
mano Pontifice," iii. 185. ; his opinion
respecting the deposition of heretical
princes, 269.; on Purgatory, ii. 96.
117.; on the worship of saints, 192. ;
on indulgences, i. 426 ; ii. 55. 613. ; on
confession, 559.'; on the seven sacra
ments, 74. ; on traditions, 81. ; on tran
substantiation, 33. ; on the real presence,
427. 430.; on councils, i. 152.; on
image worship, 107. ; on the question
cf the Pope's supremacy, iii. 156.
Benigne, J. , Bishop of Meaux, his letter
to Mr. Nelson respecting Dr. Bull's
. " Judicium Ecclesiae Catholicae," i. 533.
Berengarius, encomium of, ii. 472. ; his
¦ bold teaching against the doctrine of
Transubstantiation, 473. ; excommuni.
cated by Leo IX., 474.; cited before Vic
tor II. and dismissed, 474. ; commanded
to: recant by Nicholas II., 475. ; bis
compelled submission, i. 444. 606. ; re
futes his recantation, ii. 476 ; cited

again by Gregory VII., ii. 477.; his
end, i'>.
Bernard, St., on the Eucharist, ii. 418.
478.
Bernard, the monk, his sermons on the
Virgin Mary's assumption, ii. 313.
Bernardine, the blasphemies in his " Ma-
riale," i. 510.
Bertram on the Eucharist, ii. 450. ; his
book forbidden by the Council of Trent,
451.
Beveridge, Dr., i. 542.
Bible, the, not to be read in the vulgar
tongue, according to Pope Clemen'.
VIII., i. 501.
Bilson, Dr. T, on the Eucharist, ii. 405.
Bishop, the name at first common to all
elders, i. 269. ; bishops received from
Rome, 270.; what is meant by a, 259.;
Pope Gregory's instructions to St. Au
gustin for the constitution of bishops
in England, iii. 583. ; the manner of
their appointment in the primitive
Church, 533. ; Edward the Sixth's act
regarding the election of, 623. ; Queen
Elizabeth's act respecting the making
and consecration of, 637. ; the practice
of erecting new bishoprics in England,
568. ; our bishops not consecrated by
priests, i. 390. 393. ; whether the prince
or the bishop is to be obeyed, iii. 344. ;
schism against the, i. 317.; their sub
jection to archbishops, 327. ; one
bishop not superior to another by the
law of Christ, 465. ; should be like the
symbols of the blessed sacrament, iii.
340. ; Romish doctrine that their crimes
can be punished only by the Pope, 285. ;
King Edgar's law concerning obedience
to, i. p. xiii. ; King Canute's, xiv. ; King
Ethelred's, xv. ; laws of ancient Kings
respecting their office, iii. 556. 1 their
oaths to the Pope, 25. 35. ; the famous
case of the Cyprian bishops, i. 574.;
Henry I. robbed of the investitures of
bishops, i. 384. 613. ; the Pope's pre
tensions to be the Universal Bishop,
374. ; the title of " Universal Bishop"
accepted by Pope Boniface III., 542.,
ii. 84. ; the title " against the statutes
of the Gospel," iii. 116.
Bishoprics may be conferred by the King's
Letters Patent, iii. 623.
JBlesensis, Petrus, the first who mentions
transubstantiation, ii. 480.
Blondel, Mr., his collections, i. 269.
Boetius Epon, his Book of Heroical and
Ecclesiastical Questions, iii. 159.
Bohemian Confession, the, on the Sacra
ment of the Eucharist, ii. 409.

6j2

INDEX.

Bonaventure, Cardinal, Book written by
him in honour of the Virgin Mary, ii.
311.
Boniface III., the title of Universal Bishop
given him by the Emperor Phocas, i.
542., ii. 83.
Boniface VIII , his infamous life, i. 425. ;
the most bountiful of the Church's trea
sure, i. 481. ; his decree concerning the
supremacy of the Roman Pontiff, iii.
10. ; his perversion of the meaning of
Scripture, 138. ; his Book of Decretals,
147.
Book of Common Prayer. Vide Common
Prayer.
Bowing, on, in the worship of God, ii.
384. ; at the name of Jesus, i. 285. 287.
Boyle, Mr., bis " Occasional Reflections,"
iii. 459.
Bramhall, Archbishop, A just Vindication
of the Church of England from the un
just aspersion of criminal schism, i. 334.,
iii. 478. ; that the Pope and Court of
Rome are most guilty of the schism, i.
368. ; on the pretended universal pas
torship of the Bishop of Rome, 576.
Bread and wine, the consecrated, worship
of, in the Roman Church, i. 530. Vide
Eucharist.
Brerewood, Mr., on the ancient jurisdic
tion of the Bishop of Rome, i. 325.
Bridget, St., the Revelations of, i. 159.
221. ; her fifteen orisons, ii. 602.
Britain, the Church of, older than the
Church of Rome, i. 109. 113. ; Chris
tian before Rome was, 163. ; not sub
ject to the Pope's jurisdiction, iii. 71.
Vide England, Church of.
Brosser, Martin, his exorcism by the
clergy of Orleans, i. 519.
Bucerus, on the Eucharist, ii. 410.
Bull, Bishop, on the corruptions of the
Church of Rome, i. 533. ; " the neces
sity of works of righteousness in order
to salvation ; though the reward of them
is only to be expected from the free
grace and mercy of God ; asserted against
the Antinomians and Papists," ii. 511.;
on the invocation of the Blessed Virgin,
258.
Bulla Ccenas Domini, iii. 232. 237. 254.
282.
Bulls and Dispensations from the Pope,
rendered void by tbe statute 28th Hen.
VIII., iii. 621. ; Queen Elizabeth's Act
against, 640. ; effect of Bulls brought
from Rome, 641.
Bulls. Vide Papal Bulls.
Bzovius, Abraham, his book " De Romano
Pontifice," iii. 219. 222.

C.

Cabrera, Pedro de, on image worship, ii,
328.
Cassarea, the Church of, i. 106.
Cajetan, Cardinal, his work " De Com..
paratione Authoritatis Papa; et Con
cilii," i. 151.
Calvin, John, his "crazed" answer to
Farel respecting the baptism of the
children of Popish parents, i. 1 1. ; on
the .real presence of Christ's body in
the Holy Sacrament of the Eucharist,
ii. 415.; his "commands" to Knox,
iii. 502.
Campian, Edmund, his opinion of the
Pope's power to depose Princes, iii.
222.
Canterbury, erected into an Archbishopric,
iii. 500. ; Christ Church, repaired by
St. Augustin, 585. ; St. Martin's Church
found there by Queen Bertha, i.
387.
Canutus, King, extracts from his laws, i. p.
xiv., iii. 555. 592.; a great benefactor
of the Church, 556. ; complains of the
clergy being robbed of the pall, i.
384.
Cardinals, a pack of, i. 140 ; the first
who was a Privy Councillor, iii. 518.
Carlisle, the Statute of, iii. 597.
Carpocrations, the, their worship of
images, i. 458.
Carthage, Councils of, i. 241, 242. 348.
Cassander, a great learned Papist, i. 196.;
against half communion, 451.
Catechumenists, i. 87.
Catechism, King James' order respecting
it, ii. 5. ; Archbishop Usher's compli
ment to King James, i. 67.
Catechism, the Roman, i. 76.
Catholic, explanation and importance of
the term as applied to the Church, i.
37. ; the title proper as applied to the
Church of England, but not so to the
Church of Rome, 37. ; the Church of
Rome not properly so called, 75.
Catholic Church, what it is, i. 121. 129.;
what it signifies, 348, 538. ; what is
meant by it in the Apostles' Creed, 81.;
so called because it is in every part
perfect, 85. ; why so called, 92. ;
essential members cannot possibly pe
rish, 89.; English Protestants have
not separated from it, 378.
Catholics, who are, i. 350.
¦  , Roman, the Roman Catholic Relief
Act, iii. 644. ; titles to Sees not to be
assumed by them, 650.
Cawdry's Case, i. p. vi.

IXDKX.

673

.Celestine III., Pope, i. 502.
Ceremonies of the Church, ii. 370.; the
judgments of St. Augustin thereupon
i. 281., ii. 371. ; may be changed and
varied, ib. ; custom to be regarded in
respect to them, 371. S73. ; cautions
to be observed, 371.; the use of, no
evidence of superstition, i. 286. ; the
Romanists' exception to, 280. ; of the
Roman Church, 217.
Charlemagne, Scioppius* abuse of him,
iii. 101. 105. ; the "high commander"
of the Pope, 101. 104. ; his refutation
of the decrees of the Nieene Council,
102. ; the author of the " Libri Caro
lini,'* 102. ; his conquest of the Lom
bards, 124.; brings the Popes to sub
jection, 126.; his book against images,
i. 206 — 208. ; the Couneil assembled by
him at Frankfort, a. d. 794, in respect
to image worship, ii. 339. ; other Coun
cils called by him, iii. 400 ; extract
from his epistle to Alcuinus, on the
Eucharist, ii. 446.
Charles I r a sermon on subjection to
the higher powers by Bishop Morton,
preached in 1639, iii. 162. ; Popish con
spiracy against him, 261. ; his death
voted by priests and Jesuits, 262.
Charles II., the Popish conspiracy against,
iii 266. 274.
Charles V. of Spain, his siege of Rome
and imprisonment of the Pope, iii. 50.
Cherubim, why God appointed the making
of, ii. 346,
Chetwood's appeal to the Court of Rome,
iii 632.
Chichley, Henry, his letter to- Henry V.,
, iii. 522.
Christians, when first so called, i. 3. 107. ;
the naming of Jesus Christ not enough
to prove us so, 4. ; heretics Chris
tians, 8.
Chrysostom, St., against the doctrine of
transubstantiation, i. 446. ; on the Eu
charist, ii. 439. ; how counterfeited,
356. ; matter added to his Liturgy,
356.
Church, a name given to professors of
true religion, i. 20. ; the word used in
Scripture in contradistinction from the
clergy, 135.; a mixed assembly, 126.;
a visible society of believers, 233.; a
compounded society, 24; the commu
nion of saints, 121. 128.; its signi
fication among the Greeks, 1X8. ; who
are really the Church of God, 118.;
to be found only in the Scriptures, 160.;
169. ; the pillar and ground of truth,

130; has not an infallible spirit of
truth, 120.; hath no power to ordain
any new article of faith, 80* ; ils autho
rity in making decrees and orders, 251. ;
the invisible, what it really is, 118.;
part of the visible Church, 119; what
is to be accounted a national Church,
236. ; the Catholic, what it is, 121. 129.
232. 348. ; what Romanists mean by
it, 124.; Church of Christ can he but
one* 3. ; invisible, 3. 15.; the visible
Church, 4. 15. ; not entered into it be
fore baptism, 6. ;¦ its mark, 6. ; was
from the beginning; 9. ;¦ not an assembly
but a society, 14. ; how it is said to be
invisible, 17. ; privilege of the visible
Church, 21. j pre-eminence of the
Church of Christ, 32.; first styled Ca
tholic by the apostles, 36.; what makes
it orthodox, 244. ; of Christ, its univer
sality, 38. 41 . ; fearful offence of the
Church of Rome in this matter, 46. ;
differences between the Church of
England and Church of Rome, 189.;
the Church of England older than the
Church of Rome, 109.
Church of Rome, four ways guilty of
schism, i. 368. ; profitless controversies
in, 131. ; thehead of, what was meant
by the clergy when this title was given
to the king, iii. 564. ; origin and pur
pose of the possessions given to the,
iii. 599. 608. ; supremacy of religion
necessary to the supreme power, iii.
302. ; kings have a legislative power in
the affairs of religion and the Church,
316. ; whether the Prince or the Bishop
is to be obeyed, 344. ; the supreme
civil power hath jurisdiction in causes
not only ecclesiastical but internal and
spiritual, 357. ; the supreme civil power
hath authority to convene and to dissolve
all synods ecclesiastica], iii. 363. ; the
supreme civil power hath a power of
external judgment in causes of faith, 367. ;
is to govern in causes ecclesiastical by
the means and measures of Christ's in
stitution, that is, by the assistance and
ministries of ecclesiastical persons, 370.;
alteration of the primitive form of eccle
siastical government by the Romanists,
i. 541. ; evidence that its government
always depended much on the king, iii,
570.; the " practice of the Church" in
the Church of Rome, i. 503.
Church government. Vide Councils,
Civil wars, the rise of, iii. 261.
Clarendon, the council of, called by
Henry II., iii, 56. 512.; the eighth

VOL. III.

X X

674

INDEX.

canon of, regarding appeals, i. p vii.,
iii. 596.
Claudius, a famous preacher, his book
against image worship, i. 460.
Clemens Alexandrinus, against the use
of images, i. 458., ii. 358. ; the value
of his writings, iii. 417. ; an attack upon
his writings, 447.
Clement VI., indulgences first intro
duced in his time, i. 426. ; his excommu
nication of the King of France, iii.
546.
Clement VIII. Pope, his dictum that the
Bible ought not to be read in the vul
gar tongue, i. 501.
Clementines, the book so called, iii. 147.
Clergy, not the Church, i. 135. ; lay
men admitted in councils with, 47. ;
their grandeur to be restrained when
they overbalance the laity, 358. ; a,
Jesuit's assertion that they are not the
king's subjects, iii. 226. 286. ; and that
the empire is subject to them, 2S6. ;
the oath of allegiance not required of
them, 275. ; the honour due to spiritual
persons, 336. ; whether the eminency
of the spiritual calling can exempt them
from secular coercion, 339.
Coke, Sir Edward, on the ecclesiastical
jurisdiction maintained by William I.
i. p. viii. ; on the question of the royal
supremacy, p. xx
Collyridians, ii. 350. ; why so called, 317. ;
the discourse of Epiphanius against
their heresy, 336.
Common Prayer, the Book of, set forth
by Edward VI.. iii. 575. ; alterations
in it in the reign of Queen Elizabeth,
576.; confirmation of the statute
1 Eliz. touching the, 639.
Communion of the Church, in what it
consists, i. 342. ; implies not unity
in all opinions, 345.
Communion, Half. Vide Half Com
munion.
Confession, decreed by the Romish Church,
i. 172. ; the dangerous Romish doc
trine of, i. 476. 478.; newness of this
practice, ii. 64. ; not warranted by
Scripture, 66. ; against reason, 67.; now
advised and practised by the Church of
England, 554. ; no doctrine, 555. -, not
necessary to salvation, ib. ; a new doc
trine, even in the Church of Rome, ib. ;
no warrant for it in Scripture, 558. ;
no mention of it in Scripture, 575. ;
against reason, 577. ; indecencies of,
578.; the occasion of the vilest, crimes,
580. ; the occasion of treason, ib. ; no
ecclesiastical tradition of its necessity,

586. ; the original law concerning it,
ib.
Confession. Vide Auricular.
Confirmation, not a sacrament, ii. 75-
Constance, Council o£ decree of the half
communion, i. 450., ii. 488. ; approves
the killing of tyrants, iii. 270.
Constantine the Great, his appointment
of prefects, i. 327.
Constantine IV., Pope, held the Apostolic
See when not in orders, i. 500.
Constantinople, Council of, its decree
against the worship of images, i. 560.,
ii. 339. ; rejected by the Romanists,
i. 146.
" Contemplations of the Life and Glory
of the Holy Mary," the book so called,
i. 584.
Contrition, the Romish doctrine con
cerning, i. 476.
Controversies in the Church the work of
the Devil, i. 131. ; no means of ending
them but charity and a return to the
simple ways of faith, 131. ; between us
and the Roman Church, i. 194.
Convocation, of, (Bishop Andrewes,) iii.
377. ; of the power of calling assemblies,
ib. ; assemblies necessary for the Church,
382. ; of General Councils, 395. ; vide
Councils ; not permitted but by the
King's liking, iii. 567. ; appeals in cases
touching the King to be made to, 617.;
to be assembled only by the King's
writ, 618.
Convocation Book, by Bishop Overall,
iii. 110.
Cosin, John, Bishop of Durham, his work
on Transubstantiation, ii. 399. ; the
differences between the Church of Rome
and the Church of England, i. 189.
Corpus Christi Day, i. 191., ii. 424.
500.
Councils, the power of Princes to call
them, iii. 399 ; not permitted but by
the King's liking, 567. ; laws ordering
them, 558.; the power of, i. 382.; the
authority of, precarious, 140. 142.; the
proper remedies of schism, 375.; their
determination in matters of faith, 143.
146.; difficulty of deciding any ques
tion in, 147.
 General, iii. 395. ; the decrees of
faith and doctrine set forth by the first
general, i. 192.; the councils allowed
by the Church of England, 417.
Council of Ferrara, not accepted in France,
i. 139.
 of Lateran, also rejected, i. 139.
Crakanthorpe, Richard, D.D., Romana
Ecclesia non mater omnium Catho-

INDEX.

675

licorum, nee omnium Ecclesiarum, non
Britannicae, nee Anglicanae Ecclesia?,
i. 111.; of the Pope's temporal mo
narchy, iii. 44.
Cranmer, i. 292. 361.
Creed, the, the rule and measure of faith,
and the only band of peace in matters
of belief, i. 132.; why called the Apos
tles' Creed, 79.; when composed, 92. ;
the apostolical and ancient, 192. ; dif
ferent forms of, 54. ; standing up at the
reading of, 283. ; the new Roman, 74.
186. 222. 595.; the ''Little," of the
Church of Rome, 216. ; Roman Ca
tholic depravations of il, 74 — 110.
Cromwell, no oaths of allegiance or su
premacy pressed upon the Romanists
in his time, iii. 27 1 . ; see also i. 600.
Cross, use of the sign of the, i. 283. ;
worshipped with divine honour by the
Church of Rome, 528. ; St. Thomas on
the worship of, 504. ; clause of an act
13 Eliz , forbidding crosses to bebrought
into the kingdom, iii. 642.
Crusaders, murdered the poor "Waldenses,
iii. 250. ; indulgences granted to them
by Pope Innocent III. ib.
Cyprian, St., the Bishop of Carthage,
called the Archbishop of the whole re
gion of Africa, i. 326. ; his perseverance
against Pope Stephen regarding the re-
baptism of converts from heresy, 156.;
not a schismatic, 338.; on the bishopric
of the Church of Christ, i. 465. ;" on
the Eucharist, ii. 434. ; his book, " De
Unitate Ecclesiae," i. 268. 298. 303,
304. 320.
Cyprian Bishops, the famous case of the,
i. 574.
Cyril, on the Eucharist, ii. 436.

D.
Daille, on the writings of the Fathers, iii.
441.
Damasus, how counterfeited, ii. 356.
Davenant, Bishop, on the vitialion of the
sacrament of the Eucharist, i. 585.
Deacons and Presbyters, schism against, i.
317.
Dead, prayers for the, how recommended
by the Fathers, i. 433. ; such prayers
how never condemned by the Church of
England, 434. 552. Vide Prayers.
Decretals, the Books of, how they exceed
the Civil Law, iii. 1 47.
Devenish, John, the story of his election
to the Abbacy of St. Augustine's, iii. 542.
Devils, the Romish exorcism of, i. 519.

Dinothus, abbot of B:ingor, refuses obe
dience to the Pope, iii. 488.
Discipline, Bishop Andrewes on, ii. 369.
Dispensations, Papal, the new presump
tion of, ii. 88. ; Henry the Eighth's sta
tute, providing for dispensations and
licences heretofore obtained from the
See of Rome, iii. 621.
Divorce, the Romish doctrine respecting,
i. 178. 593. 610.
Dominis, Antonius de, his opinion of the
Church of England, ii. 406. ; on the
real presence of Christ's body in the
sacrament of the Eucharist, 407.
Donatists, or followers of Donatus, i. 226.
255. 290. 348, 349. 414. 605., iii. 99- ;
their arrogance, i. 180.
Douay, a place wholly Jesuited, iii. 159.
Doxology, the differing, produced by the
Arians, i. 349.
Duelling, decree of the Council of Trent
against, iii. 5.
Durandus, ii. 15.; on indulgences, i. 427.,
ii. 604. ; on transubstantiation, 443. ;
on fornication, 501.; his "Rationale
Scripturae," 357.

Easter, of different modes of its observ
ance, iii. 74.
Eastern Greek Churches, the, i. 108.
Ecclesiastical Courts, laws of ancient
kings of England respecting, iii. 558. ;
our kings always had inspection over
them, 562.'
Ecclesiastical power, of a lower degree
than that of kings and princes, iii. 189.
Edgar, King, his injunction concerning
canonical obedience to bishops, i. 13. ;
his great solicitude for the Church of
his kingdom, iii. 554. 574. ; extract
from his laws, 590.
Edmund, King, his law respecting obe
dience to the sovereign, iii. 589.
Edward, St., King and Confessor, one of
the best of kings and holiest of men,
iii. 556. ; his law on the regal power,
592.
Edward III., statute of provisors of bene
fices, iii. 599. ; statutes against annul-
lers of judgments of the King's Court,
602.
Edward VI., the Commission appointed
by him to supervise the Ecclesias
tical laws of this kingdom, iii. 566.;
the Book of Common Prayer set forth
by him, 575. ; act for the election of
Bishops, 623.
x 2

676

INDEX.

Egyptians, their " symbola," ii. 349.
Elders and Bishops of the early Church,
i. 263.
Eleutherius, Pope, his epistle to Lucius,
King of Britain, calling him God's
Vicar, iii. 63.
Eliberis, Council of, forbids pictures in
Churches, i. 459. 558., ii. 333. 360.
Elizabeth, Queen of England, wife of
Henry VII., indulgences granted by
Pope Sixtus at her instance, ii. 602.
Elizabeth, Queen, none suffered death in
her reign for conscience sake, i. 362. ;
her injunctions as to the royal supre
macy, p. x.; her commission to review
the Liturgies of Edward VI. , p. xi. ;
alterations in the Book of Common
Prayer made by her, iii. 576. ; act to
restore to the crown the ancient juris
diction over the estate ecclesiastical and
spiritual, and abolishing all foreign
powers repugnant to the same, 625. ;
act for the assurance of the Queen's
royal power over all estates and sub
jects within her dominions, 632, 640. ;
act declaring the making and conse
crating of the archbishops and bishops
of this realm to be good, lawful, and
perfect, iii. 637. ; act against the bring
ing in, and putting in execution of
I hulls, writings, or instruments, and
other superstitious things from the See
of Rome, 640. ; act to retain the
Queen's Majesty's subjects in their due
obedience, 644. ; her excommunication
by Pope Pius V., 9. 234. 256. 274.
402. ; her dominions given away by him
to Philip II. of Spain, 237. 259.; the
continual conspiracies against her life,
259.
England, antiquity of the Church in, i.
114; the alleged conversion of, to the
Christian faith by Gregory the Great,
338.; attempted to be made tributary to
Rome by King John at the command of
Innocent III. ii. 482. ; insolence of the
Pope's pretended sovereignty over it,
iii. 53. ; increase of the Papal power
in, 491. ; unanimous in casting out the
Pope, i. 360. ; evidence of the rejection
of the Pope's authority in England, iii.
54. et seg. ; never subject to the juris
diction of the Pope, i. 380.
England, Church of, the Church of
Christ established in this land upon the
Reformation, 230. ; holds the truth be
tween Romanists and sectaries, ib. ;
what is understood by it, 352.; its reve
rence for antiquity, iii. 464. ; the most
pure and orthodox Church, i. 244. ;

the best and purest, 536. ; not in
visible, 409. ; older than that of Rome,
iii. 486. ; its religion primitive and
apostolic,). 417.; always a Protestant
Church, 244. ; not Romish before the
Reformation, 243. ; not guilty of
schism, i. 334. 612., iii. 552. ; se
parated from Rome by the Court of
Rome itself, i. 378. ; differences be
tween it and the Church of Rome,
189.; cannot be accused of heresy,
238. 248. ; its right to reform itself,
242. ; exempt from the jurisdiction of
the Pope, 573. ; exempt from foreign
jurisdiction for the first 600 years, and
ought to continue so, iii. 478. ; its
judgment concerning supremacy, 211. ;
its princes, sole and supreme governors,
209. 614. ; how far their power ex
tended in matters Ecclesiastical, 553. ;
a defence of the Church of England
against the objections of the Romanists,
by Dr. Hammond, i. 301.
Ephesus, General Council of, i. 146- 336.
423. ; a metropolis of Asia, 323. ; its
condemnation of the opinions of Nes
torius respecting the Virgin Mary, ii.
321.
Ephrem, St., on the Sacrament of the
Lord's Supper, i. 445.
Epiphanius on image worship, ii. 350.;
his destruction of the picture in the
Church of Anablatha, i. 559., ii. 48.
335. 359.
Episcopal government, is by universal
practice, i. 260. ; conformable to the
Word, 262. ; most agreeable to the
reason of Church government, 268.;
the name of Bishop at first common to
all elders, 269. ; the ordination of
Bishops not received from Rome, 270.
Vide Bishops.
Erasmus, his criticism on the Magnificat,
ii. 260.
Eremites, their half-communion, ii. 500.
Erigena, Johannes, his book concerning
the body and blood of our Lord, ii.
449. ; condemned by Leo IX. ii. 474.
Ethelbert, King, his endeavours to plant
the Christian faith in certain parts
of England, i. 388. ; his baptism, iii.
580. ; extract from his laws, 587.
Ethelred, King, extracts from his laws,
i. 590.
Ethelstan, King, his law respecting
tithes, iii. 589.
Eucharist, a substantial part of our ser
vice, ii. 367.; why so called, 368. ; the
sacrament ordained by our Saviour in
stead of the sacrifices of the law, i, 546.;

INDEX.

677

a commemorative sacrifice only, 545. ;
the real, but not carnal, presence of
Christ proved, ii. 402. ; reformation
made in its celebration by Edward VI.,
iii- 575. ; ancient custom of burning
the remainder of the bread and wine,
ii. 457. ; ancient laws respecting the
non-admission of persons to, iii. 557. ;
ceremonies used by the Roman Church,
i. 190.; the vitiation of that rite by the
Church of Rome, 585.; participation
therein forbidden to laymen by the
Roman Church, 178.; the Romish doc
trine of transubstantiation, 545.; kneel
ing at the Sacrament of the, no ac-
knowledgmen t of transubstantiation,
284. ; vide Transubstantiation ; Bishop
Taylor on half communion, ii. 491.;
the Romish custom of withholding the
cup from the laity, i. 849. 450. 607.,
ii. 520. ; the sacramental cup taken
away from the people by the Council
of Constance, ii. 488. Vide Half Com
munion.
Eunomius the Arian, i. 341.
Eusebius, on the institution of the Lord's
Supper, i. 445. ; no patron of images,
ii. 355.359.
Excommunicates, i. 88.
Excommunication no schism, i. 307. ; un
just, hurts no man, 308. ; never un
lawfully regarded in English courts,
iii, 545.
Exorcism of devils, the manner of, as
practised in the Roman Church, i. 521
—524.
Exorcisms and horrible Conjurings, the
Treasure of, printed at Colein in 1608,
i. 519.
Exorcisms, the manual of, printed at
Antwerp, in 1626, i. 519.
Extravagants, the book so called, iii. 147.
Extreme unction not a sacrament, ii. 75.

Falkenberch, a dangerous book published
by him, i. 373.
Fasts and holidays, i. 193.
Fathers, the use and value of their
writings, iii. 415. ; competent witnesses
of the doctrine of the Church, 417. ;
M. Barbeyrac's attack upon, 444. ; an
answer to the plea that there is no need
of their writings, 438.; their writings
corrupted by the Church of Rome, i.
421,; their testimonies against the
Roman doctrine of justification byin-
herent righteousness, ii. 22. ; against

the doctrine of transubstantiation, 36. ;
the doctrine of transubstantiation un
known to them, 428.; their testimonies
against the invocation of the Virgin,
69.; do not affirm purgatory, 96.; their
testimony against angel worship, 238. ;
their manner of mentioning the Virgin
Mary, 315.; their testimonies against
image worship, 355. 358.
Feme, Bishop, a compendious discourse
upon the case as it stands between the
Church of England and of Rome, on
the one hand, and again, between the
same Church of England and those
congregations which have divided from.
it on the other, i 230.
Ferrara, the Council of, i. 139. 147.
Field, Richard, D. D., of the visible and
invisible Church, i. 15. ; his work com
mended, 227.
Fisher, Bishop of Rochester, would
have taken the oath of supremacy to
Henry VIII., had he not expected a
cardinal's hat, i. 35 9;. ; on indulgences, i.
424., ii. 605.; Bishop White's reply
to his answer to certain questions pro
pounded by King James i. 24.
Florence, Council of, its pretended decree
respecting transubstantiation, a forged
decree of Pope Eugenius IV., ii. 489.
Fortunatus, St., his cure of a broken
thigh with holy water, i. 526.
Fox's Book of Martyrs, an allusion to, i.
292.
France, the Gallican confession on the
Sacrament of the Eucharist, ii. 412.
Francis, St., of Assis, the worship of, i.
222.
Franciscans, establishment of the order, il.
485.
Frankfort, Council of, its decree against
image worship annulling that of Nice, i,
561. 563., ii- 339.
Fraticelli, the heresy of the, i. 517.
Frederick II., the Emperor, his deposi
tion by Pope Innocent IV., iii. 238.
252.
French ambassador, his resistance to the
Council of Trent, i. 578.

G.
Gardiner, Stephen, Bishop of Winchester,
quotation from his book " Of True
Obedience," that no foreign bishop
hath authority among us, i. 360.
Gelasius, Pope, agaisnt the doctrine of
transubstantiation, i. 447., ii. 36. ;
against half communion, i, 452.; main-

x 3

67S

INDEX.

tained the doctrine of deposing em
perors, iii. 229. ; on the Eucharist, ii.
443. ; indulgences granted by him for
building the church of Saragoza,
597.
Gennadius, maketh no mention of pur
gatory, iii. 1 13.
George IV., act for the relief of his Ro
man Catholic subjects, iii. 644.
Gerson, his teaching, that it is lawful to
resist any injury or violence of the Pope,
i. 346. ; on indulgences, ii. 610. ; anec
dote of, i. 211.
Gildas the historian, i. 600.
Gnapheus, Petrus, the first who brought
thename of the Virgin into the public
devotions of the Greek church, ii. 69.
Gnostics, their heresy, in respect of images,
i. 458., ii. 337. 3*50.
Gratian, his compilation of Canon Law,
afterwards called the " Decretum Au-
renm," iii. 146.
Greek Churches, the Eastern, i. 108.
Gregory Nazianzen, St., on the Paschal
Supper, i. 446- ; his oration against
pilgrimages to Jerusalem, i. 429. ; on
the Eucharist, ii. 437.
Gregory, Pope, account of his mission of
St. Augustin into England, iii. 577. ;
his advancement to the popedom, 578. ;
his letter to King Ethelbert, 584. ; his
claim to the title of " Great," i. 386.
389. ; acquired no patriarchal power in
England by the conversion of it, 387.
389. ; the first who held the doctrine of
Purgatory, ii. 1 13. ; on the wicked title
of Universal Bishop, i. 467. 602., ii. 83.;
introduced the adoration of saints, 317.;
against image worship, i. 459., ii. 48,
338.; his "glass "a pleasing fiction, 74.;
romantie stories out of his Dialogues,
i. 526.
Gregory VII., Pope Hildebrand, so
called, his election, iii. 129 ; a " truly
apostolical" Pope, 133.; first erected
*' the Papal empire," 133. ; his excom
munication and pretended deposition of
Henry IV., emperor of Germany, 14.
31. 131. 237, 251. 256. 296.; deposed
by the Council of Worms, 153.
Gregory IX., his Decretals, iii. 146. 280.
Grotius, Hugo, i. 399., iii. 453.
Guelphs and Ghibellines, the dismal and
bloody faction between, iii. 359.
Guicciardini the historian, commended,
iii. 51.
Gunpowder Plot, stated by the Romanists
to have been a contrivance of Cecil's,
iii. 208.; allusions to, ii. 580., iii. 247.
9.60. 268.

H.
Half Communion, the, one of the novelties
of the Romish religion, i. 450., ii. 41. ;
Bishop Taylor, on, ii. 491.; any part
of the Sacrament obligatory to all who
receive it, 4S3. ; unless we do what
Christ did we do not observe his com
mandment, 494.; the doctrine and prac
tice of the Church notoriously against
it, 499.; against Scripture, 42.; against
the plainest texts of Scripture, and the
practice of the Catholic Church for a
thousand years, 520. ; various attempts
to establish it, 500. ; called by St. Leo
a sacrilege, 501.; against reason, 43.;
the custom of dipping the bread in the
chalice, 501. ; one symbol not sufficient,
503 ; keeping the cup from the people
an impiety, 508. See Eucharist,
Hall, Joseph, Bishop of Exeter, of the old
religion, ii. 1.
Hammond, Dr., " A Defenceof the Church
of England against the Objections of
the Romanists," i. 301.; on schism,
extracted from his " Defence of the
Church of England against the Objec
tions of the Romanists," 391.
Henry I., King of England, his letter to
Pope Paschal II., i. p. ix., iii. 495. 593.;
his denial of the Pope's authority over
him, 55.; robbed of his investitures of
bishops by the Church of Rome, and
disinherited of his crown, i, 384. 613.,
iii. 594. ; grants the bishopric of Bath
to the Pope, iii. 594. Vide Bishops.
Henry II., the alleged epistle by which
he acknowledges the Pope's authority
over him, iii. 93. ; letter of St. Thomas
a Becket to, 594. ; the decrees of the
Council of Clarendon in his reign di
rected against the authority of the Pope,
56.
Henry V., ordinance restraining aliens
from holding benefices in England con
firmed, iii. 614.
Henry VIII. cared not for religion, i.
356.; his first **tasie" in governing
the clergy, iii. 566, ; himself and his
Parliaments Roman Catholics, 210. ;
no friend to Protestants, i. 356, 359. ;
the suppression of monasteries in his
time, 357. ; the extinction of the Papal
jurisdiction in his reign, iii. 61.; the
supremacy of the Church first given to
him by the Romanists, i. 354. ; a fol
lower in the steps of his ancestors, 335.;
his pretended crimes no blemish to the
Reformation, 361. ; his book of the
piincipal articles and points of our faith,

INDEX.

679

iii. 574. ; his excommunication by
Pope Paul III., 210. 237. 256. 262. ;
the statutes concerning religion made
in his reign, i. 356. ; his statute for
the restraint of appeals to Rome, iii.
614. ; Act for the submission of the
clergy to the King's Majesty, 618.;
Act constituting him supreme head of
the Church of England, 620. ; pro
vision for dispensations and licences
heretofore obtained from the See of
Rome, 621.
Henry III. and IV. of France, their
murder the result of Popish principles,
iii. 252.
Henry IV: (Emperor of Germany), his
deprivation by Pope Paschal II., iii.
13.; his deposition by Gregory VII.,
14. 131. 237. 256.
Henry V., Emperor, excommunicated by
Pope Sylvester III., iii. 251.
Herb of Grace, why rue is so called, i. 519.
Hereford, Council of, i. 395.
Heresy founded on schism, i. 304. ; its
¦ difference from schism, 342. ; all in
the world put into the Romish Re
ligion, 1 98.
Heretic, who is properly one, ii. 1 9. ; a
heretic honoured as a saint, i. 517.
Heretics Christians, i. 8. ; a part of
the visible Church, 10. ; distinction be
tween them and infidels, 11.; branches
cut from the true vine, 22. ; four
ways to become, 350. ; the Reformed
Church not, ii. 19.
Herman, the author of the heresy of the
Fraticelli, honoured as a Saint, i. 517.
Hickes, Dr., " several letters which passed
between him and a Popish priest,
upon occasion of a young gentlewoman's
departing from the Church of England
to that of Rome, i. 189.; a Discourse
of the true praise and honour of the
Virgin Mary, ii. 280.
Hieronymus, against images, ii. 359.
Hildebrand, Pope, otherwise Gregory
VII. Vide Gregory.
Holden, Dr., on Schism, i. 338, 347.
Holidays and Easts, i. 193.
Holy, importances and significations of
the Word, i. 34.
Holy days, the number of in the Roman
Church, i. 518.
Holy Water, an invention of the Church
of Rome, i. 525. ; and holy bread, ib.
Honorius, Pope, condemned as a Mono-
thelite, i. 376., ii. 357.
Hooker, Richard, of the Church, i. 3. 20.
Horae, secundum usum Sarum, i. 481.
Hosius, Cardinal, i. 501. x x

Hosius, on heretics, ii. 1 9.
Host, the elevation of the, a ceremony of
the Roman Church, i. 586.
Hunne, Richard, his history alluded to,
iii. 567.
Huss, John, the doctrine for which he
was condemned, i. 86. See also i. 371.,
iii. 291.
Hyperdulia, or Worship of the Virgin
Mary, ii. 241. 257. 328. 330.

I.

Idolatry taught by the Church of Rome,
i. 527. ; as set down by the Prophet
Isaiah, i. 198.
Ignatius, the holy bishop and martyr,
his epistles quoted, i. 317. et seq. ; the
value of his writings, iii. 415.
Ignatius, St., Patriarch of Constantino
ple, his disobedience to the Pope, i. 346.
Image Worship, a Treatise by Archbishop
Usher, ii. 326.; Bishop Andrewes' trea
tise on, ii, 342. ; commanded by the
Church of Rome, i. 172. 190. 195.
457. ; what the Romanists allege out
of the Fathers, ancient Liturgies and
Councils, in respect of images, ii. 355. ;
unknown in the primitive Church, i.
461. ; not practised by the early Chris
tians, ii. 331. ; not a Catholic doctrine
in France for 900 years after Christ,
i. 461. ; newness of the doctrine, ii.
48. ; by whom first introduced into
the Church, 336. ; brought in by a
woman, i. 560. ; when first established
in the Church, 560. ; the Eastern Em
peror thrust out of Italy for, iii. 17. ;
the " original " of images, ii. 350.; their
use in Churches, 338. ; against Scrip
ture, 51.; against reason, 53.; decree
against, i. 146. ; no religion where there
is an image, ii. 333. ; a direct breach
of the Second Commandment, i. 527.,
ii. 330. ; the several words whereby it
is forbidden, 342. ; five rules for ex
pounding the Second Commandment,
361. ; rules for outward bodily wor
ship, 382. ; four " occasions " of the
use of images, some in times of perse
cution, some in times of peace, 342. ;
the Cherubim which God commanded
should be made, 346. ; and the fiery
serpent, 347. ; no reverence to be
made to images, 374. ; the distinc
tion of \arpeia and Sou\eia examined,
376. ; that evasion, that not the image,
but the deity represented by it is wor
shipped answered, 878. ; another eva-
4

680

INDEX.

sion, that images are "the books of
laymen"" answered, 380. ; enjoined by
the Council of Oxford, 327. ; the de
cree afterwards annulled, i. 560. ; de
creed in the Council of Nice, 460. ;
the decree refuted by Charlemagne,
iii. 102. ; order of the Council of Con
stantinople for their destruction, i. 143.
560. ; condemned by the Council of
Nice, and again reversed by the Coun
cil of Fankfort, i. 143. 206-460. See
also L 213. 224. 245. 502, 503. 557.
565. 611.
Ina, king of the West Saxons, his law
respecting baptism, iii. 557. 539.
Indices Expurgatorii, i. 421. 501.
Indies, the, the King of Spain's title to
them, iii. 52.
Indulgences, the Roman doctrine of, i.
190. 424., ii. 604. ; all our hopes of
indulgence from God, i. 430. ; uncer
tainty of the Church of Rome itself
respecting them, ib. ; when first used,
425, 426. ; newness of the doctrine, ii.
54. 604. ; no ground for the practice
before the 12th century, 597. ; nothing
in Scripture for them, 604. 611.; the
power not granted by Christ, i. 427.;
the doctrine directly opposed to that of
repentance and salvation through Christ,
429. ; the doctrine a notorious cheat,
ii. 605. ; against Scripture, 57. ; against
reason, 59. f; absurdity of the doctrine,
€15.; big with gross errors, i. 567- ;
sale of indulgences, i. 569, 570., ii. 521.
610. 612.; the "trade" of, 599.; easy
terms on which they are -to be had <it
Rome, 600. ; for saying some prayers,
601.; pious frauds, 604. 606.; nets,
609. ; their tendency to hinder devo
tion, i. 429., ii. 620. ; the Pope's
power of recalling them, i. 488.; made
only for the rich, i. 491. ; Bishop Stil-
Hngfleet on, ii. 594.
Infallibility, pretended, of the Pope and
Church of Rome. Vide Pope and Rome.
Infidels, distinction between them and
heretics, i. 1 1 .
Innocent III., Pope, on the papal power,
iii. 220. ; first made transubstantiation
an article of faith, ii. 481.; commanded
confession of sins, ii. 586.; his decree
that prayers shall be used in tongues
understood by the people, i. 456. ;
forced King John to make this kingdom
tributary to Rome, ii. 482., iii. 138.
214. ; his excommunication of Otho IV.
251.
Innocent IV, his decree against the Em
peror Frederick II., iii. 11, 238. 252.

" Institution of a Christian man," an allu
sion to the book so called, i. 360.
Investiture of Bishops, always held by
our early kings, i. viii.; taken from
King Henry L, i. 3-84, 613. ; iii. 594.
Irenseus, St., on the Eucharist, i. 548. ;
ii. 431. ; disallows images, ii. 358; the
value of his writings, iii. 417.
Irene, the Empress, called the second
Nicene Council, ii. 356. ; her treat
ment of the Emperor Constantine, ib, ;
first brought image worship into the
Church of Christ, i. 560.
Ireland unanimous with England in ac
knowledging Henry VII I. 's suprema
cy, i« 360. ; never acknowledged the
Pope's authority, iii. 98.
Ireland, the right Scotia major, i. 352.
Isaiah, the prophet, his lively description
of the idolatry of Rome, i. 1 98.

Jackson, Thomas, D. D., of the two attri
butes, holy and Catholic, i. 32.
James, Bishop of Jerusalem, his metro-
political authority, i. 322.
James I., Romish endeavours to hinder
his accession to the throne, iii. 259. ;
Scioppius' book against him, 223;
his order respecting catechizing the
people, ii. 5 ; his wishes thwarted by
the Presbyterians, iii, 347.; his affirm
ation that no man suffered death in
his reign for -conscience sake, i. 362. ;
an allusion to by Bishop Morton, iii.
183.
Jerusalem, the Church of, the mother of
all Churches believing, i. 105,
Jesuits, the order of, when instituted, iii.
258. note.
Jesuits and schoolmen, the skilfullest
painters that ever were, i. 197. 199.;
clause of an act for their banishment,
iii. 651.
Joan, Pope, allusion to, i. 163.
John, King of England, his alleged re
signation of England and Ireland to the
Pope, ii. 482.; iii. 8a 138. 214.591. ;
copy of the charter by which he re
signed the crown, iii. 591,; form of his
homage to the Pope, 596. ; not the
rightful King of England, 83.; his
excommunication, 88. ; his life, by Dr.
Barkam, 92.
John XXII., Pope, condemned by the
theologues of Paris, i. 376.
Justification by inherent righteousness,
the new Roman Article of Faith, ii. 20.;

INDEX.

681

its error against Scripture, ii. 25. ;
against reason, ii. 28.
Justification, of, in Christ's name, ii. 528.
Justin Martyr, the value of bis writings,
iii. 417. ; on the Eucharist, i. 445.
548.,ii.431. ; the " Questions and An
swers" attributed to him, ii. 106.

K.

Katherine of Siena, St., the revelations of,
. i. 159.
Kings to be prayed for, iii. 288.
Kneeling at the Sacrament no compliance
with Popery, i. 284.
Kneeling, on, before the Lord, ii. 386.
Knot, Mr., his "Infidelity unmasked," i.
310. 341.
Knott, Mr., on schism, i. 338.
Knox, John, his opinion respecting the
baptism of the children of Papists, i.
12. ; chosen preacher at Frankfort, iii.
502.

Lactantius, against images, ii, 359.
Langius, Paulus, i. 140.
Laodicea, a metropolis, i. 324.
Lateran Council, denied to be a general
council, iii. 242. ; determine transub
stantiation as an article of faith, i. 441,
442. 549. ; its decree contrary to the
sense of the Roman practice of per
forming divine service in an unknown
tongue, ii. 59. ; its decree on confession,
553. ; decree on the question of the
Pope's supremacy, iii. 11.; approves
the deposition of princes, iii. 239.
Latimer, i. 292.
Laud, Archbishop, on purgatory, ii. 96. ;
extracted from " A Relation of the Con
ference between Archbishop Laud and
Fisher the Jesuit," ib.
Laymen admitted in Councils with the
clergy, i. 147.
Ledgerus, the legend of, i. 427.
Legends of purgatory, i. 43C.
Leo X., Pope, calls the Virgin Mary a
Goddess, i. 513.
Leschaserius, Jacobus, on the jurisdiction
of the Bishop of Rome, i. 325.
Liberius, Pope, his condemnation of
blessed Athanasius, i. 376.
Lincoln, the assembly of Barons at, deny
the authority of the Pope in England,
iii. 58.
Litany of our Lady, the, i. 582.

Liturgy of the English Church derived
from the Mass Book, i. 272. ; lawful
ness and fulness of our liturgy, 273. ;
lawfulness and expediency of set forms
of public prayer, 274—277. ; Edward
VI. 's Common Prayer, iii. 575. ;
Queen Elizabeth's, 576. ; confirmation
of her statute concerning, 639. ; the
Roman corruption of, i. 578. ; altera
tions in St. Chrysostom's liturgy, ii. 356.
Lombardus, Peter, his Books of Sentences,
ii. 479. ; his teaching concerning the
holy Eucharist, ib. ; on the worship
of saints, i. 581. , his "Book of Dis
tinctions," iii. 141.
Lord's Prayer, undervalued and neglected,
i. 280. 291.
Louis I., king of France, his "sharp book
against the worshipping of images," iii.
103.
Louis XII. of France, excommunicated
by the Council of Lateran, i. 1 39.
Lucian, the value of his writings, iii. 418.
Luther, Martin, Pope Leo X. 's bull against
him, i. 419. ; on the sacrament of the
Eucharist, ii. 410. Vide i. 9. 16. 61.
424., ii. 16.
Lying, no mortal sin, according to Rome,
"i. 502.
Lyons, the first exarchate of France, i.
328. ; General Council of, in which
Pope Innocent IV. deposed the Em
peror Frederick II., iii. 238.

M.
Macarius, St., on the sacrament of the
Lord's Supper, i. 445. ; on the double
state after death, ii. 107.
Maccabees, the second book of, pronounced
to be canonical by the Roman Church,
i. 186.
Macedonians, falsity of their doctrines, iii.
470.
Magistris, Martinus de, on fornication, i.
501.
Magnificat, the, or divine song of the
blessed Virgin, ii. 258. ; folly of the
Dissenters who despise its use, ii. 278.
See also ii. 290.
Magus, Simon, images first brought in to
be worshipped by him, i. 457.
Malachias, St., his cure of a madman with
holy water, i. 526.
Maldonat, the judicious, on the Magni
ficat, ii. 260. ; his testimony on confes
sion, 557. ; on repentance, i. 477.
Mancinus, Celsus, his book " De Juribus
Principatuum," iii 220. 222.

682

INDEX.

Manrique, Thomas, his " Censura in
Glossas juris Canonici," iii. 218.
" Manual of Prayers and Litanies," printed
at Antwerp in 1671, ii. 274.
Marcellinus, Pope, his burning incense to
idols, i. 375.
Marcionites, their doctrines, iii. 469.
Marcus Eremita, on confession, ii. 579.
" Mariale," of Bernardine, the blasphemies
in it, i. 510.
Marriage, ancient laws respecting, iii.
557. ; as old as nature, i. 592. ; held as
a sacrament by the Roman Church,
181. ; not a sacrament, ii. 75. ; prohi
bited to certain orders of men by the
Roman Church, i. 177. ; denied to the
priesthood by the Romanists, 191. 595.
608. ; to be dissolved if one of the
couple fall into heresy, 502. ; void, if a
Catholic and a heretic marry together,
502. ; use of the ring in, 283. ; with
kindred, St. Gregory's answer to St.
Augustine on, iii. 581.; clandestine,
said by the Council of Trent to be a
sacrament, 168.
Martin V., Pope, i. 371, 372. 376. 423.
470.
Martyr, Peter, on ceremonies, i. 283.
Martyrs, the Book of, i. 292.
Mary, Queen, her parliament declare her
supremacy, iii. 210. ; the number of
Protestants executed in her reign, i.
362. ; cruelty and wrong done in her
reign, 293.
Mary, St. Virgin. On the invocation of the
blessed Virgin, by Bishop Bull, ii. 258.;
remained for ever a virgin, 268. ; the
Papists calumniators in calling us " re-
proachers of the blessed Virgin," 269. ;
the Romish worship of, i. 218. 510.
513. 581., ii. 241. ; her appearance unto
St. Thomas a Becket, 250. ; the honour
due to her as mother of God, 289. ;
our duty to celebrate her name, 292. ;
not to worship her, 293. ; extravagance
of her votaries, 293. 303. ; her title as
the mother of God infers no right to
our religious adoration, 271. ; no war
rant for it in any writer during the
first 300 years after Christ, 272. 315. ;
no warrant for her worship in the
Scriptures, 269. 303. ; not named in
the epistles of the Apostles, 270. ; the
Romish article of faith, of her immacu
late conception, i. 423. ; the solemn
tradition of her assumption in the
Romish Church, 202. ; the story of her
assumption, ii. 301.; when her name
was first introduced into the public de
votions of the Greek Church, 69. ; the

book called " Contemplations of the Life
and Glory of the Holy Mary," i. 584.
Mass, the sacrifice of, as taught in the
Church of Rome, i. 546. ; newness of
the doctrine, ii. 44. ; against Scripture,
45. ; against reason, 47.
Mass-days, King Alfred's laws respecting
the celebration of, iii. 588.
Masses, private, i. 470. ; solitary, forbid
den by King Edgar, i. p. xii., iii. 590.
Mede, Mr., his treatise intituled "The
Christian Sacrifice," i. 546.
Medina, Johannes, on prayers for the dead,
ii. 147.
Mengus, Father Therom, his " Flagellum
Dsemonum, or Devil's Whip," i. 519.
Merit, newness of the Roman doctrine of,
ii. 29. ; its error against Scripture, 30. ;
against reason, 31.
Merton, statute of, extract concerning the
law of bastardy, iii. 597.
Metropolitan, schism against, i. 321.; the
original of metropolitans, 321.
Milevium, Council of, i. 241. 355.
Miracles, a " note" of the Roman Church,
i. 166.
Monasteries, Archbishop Bramhall's opi
nion respecting their suppression by
Henry VIII., i. 357.
Montanists, i. 290.
Montanus, the arch-heretic, ii. 109.
More, Sir Thomas, allusions to, i. 359 ,
ii. 103.
Morton, M. D., Dean of Winchester, a
rare ornament of our Church, i. 213.
Morton, Thomas, Bishop of Durham, of
that article in (new) Roman creed,
" the Holy Catholic and Apostolic Ro
man Church, mother and mistress of
all other Churches, without which there
is no salvation," i. 74. ; on Christian
subjection, iii. 162.

N.
National Church, what is to be accounted
one, i. 236.
Nestorius, the first publication of his
heresy, i. 341.; his teaching respecting
the Virgin Mary, ii. 321.
Nice, Council of, on the Eucharist, ii.
435.; its decree for image worship, i.
561., ii. 339. 356. ; condemned by the
Council of Frankfort, i. 563. ; a canon
of, forged in the African Council, iii.
114. See also i. 143. 145. 206. 242.
537.
Nicephorus, his epistle to Leo, Bishop of
Rome, i. 201.

INDEX.

683

Non-residence, referred by the Kings of
England to the Bishops, iii. 573.
Notre Dame, the church of, at Paris,
built by the sale of indulgences, ii.
597. 607.
Novatians, the schisms of the, i. 255. 290.
298.
Novatianus, iii. 111.
Novelties of the Church of Rome. Vide
Rome.
Nuns, marriage of, iii. 557.

O.
Oath of Allegiance, the, iii. 247. ; not
required of the clergy, 275. ; to the
Pope, 279.
Oath of Supremacy to the Crown, iii.
209. 628. 633. 636. ; penalty for re
fusing it, 628. 634.
Oath required to be taken by Roman
Catholics under the Relief Act, iii.
645.
Oaths not obligatory on Papists, iii. 277.
Obedience to Princes, the admirable and
most pious example of our Saviour, iii.
248.
Oldcorn the Jesuit, i. 391.
Ordination now not a sacrament, ii. 497.
" Ordo Baptizandi cum modo visitandi," i.
518.
Origen on the holy Eucharist, i. 445.
548., ii, 432.; against image worship,
i. 458., ii. 358. ; on the worship of
saints, ii. 194. ; on the worship of
angels, i. 553 , ii. 1 95. ; on purgatory,
i. 395., ii. 97. 110.; his condemnation
of the Romish practice of casting out
devils, i. 523.
Otho IV., his excommunication by Pope
Innocent III., iii. 251.
Otho, Bishop of Frisingen, on the Eu
charist, ii. 480.
Overall, Bishop, Convocation Book, iii.
110. 185.

P.
Paintings in churches, when proper, i.
193. Vide Images.
Pallium, or pall, the garment so called,
i. 384., iii. 522.; sent by Pope Gregory
to St. Augustine, 582.
Papacy said to be brought in by Satan, i.
196.
Papal Bulls, insignificant squibs of false
fire, iii. 256. Vide Bulls.
Papal Dispensations, the new presump

tion of, ii. 83.; Henry Eighth's sta
tute respecting, iii. 621. Vide Dis
pensations.
Parsons, Father, his book to prove that
King James had no just title to the
crown of England, iii. 260. ; his book
against tbe oath of allegiance quoted,
208. note; his vile and malicious so
phisticating with the law, 70. ; accuses
the ancient Britons of heresy, 74.
Paschal II., Pope, the first who dated
his missives " in the year of his pa
pacy," iii. 135.
Paschasius, the first who taught the doc
trine of consubstantiation, ii. 446.
Paternoster, the white, i. 216.
Patriarchal power not of divine right, i.
381.; lawfully transferred, i. 382.
Paul III., Pope, his excommunication
of Henry VIII., iii. 210. 237. 256.
262.
Paul IV., Pope, his excommunication of
all Protestant kings and subjects, iii.
252.
Peace essential to the well being of the
Church, ii. 9.
Peckham, John, Archbishop of Canter
bury, ii. 310. ; his " Psalm of the
Salutations of the Virgin," 255.
Pelagianism, i. 197. 241. 444.
Penances, the Romish doctrine of, i. 1 73.
477. 480., ii. 517.; no mention of it
in Scripture, 575. ; nothing in the
words of Christ obliging a priest to
impose them, 563.
Pergamus, a metropolis, i. 324.
Peter-pence, the collection cf, adduced as
evidence that England was tributary to
tbe Pope, iii. 79.
Philadelphia, a metropolis, i. 324.
Philippi, the metropolis of one part of
Macedonia, i. 323.
Phocas, the Emperor, the greatest villain
in the world, except Cromwell and
Pontius Pilate, i. 600 ; his appoint
ment of Pope Boniface III. as uni
versal Bishop, i. 542. , ii. 83.
Pictures and images in churches, their
use, ii. 338. ; the use of, i. 559., ii.
48. ; forbidden by the Council of
Eliberis, i. 459., ii. 360. ; of God and
the Trinity, the reprehensible custom
of the Church of Rome in making
them, i. 461. Vide Images and
Paintings.
Pierce, Dr. Thomas, on the novelties of
the Church of Rome, in his sermon in
tituled " the Primitive Rule of Refor
mation," preached before Charles II., i.
588.

684

INDEX.

Pilgrimages, St. Gregory Nyssene's ora
tion against, i. 429.
Pisa, the Council of, condemned by the
Council of Lateran, i. J 39. See also
i. 144.
Pius IV., his bull, and the form of oath
appointed by him to be taken by
Romanists on the doctrine of the real
presence, ii. 425.
Pius V., his excommunication of Queen
Elizabeth, iii. 9. 234. 256. 274. ; gives
the kingdoms of England and Ireland
to Philip II. of Spain, 259. Vide
Elizabeth.
Pius IX., his bull establishing a Roman
hierarchy in England, iii. 662.
Plenary Indulgence, i. 486.
Pliny, the value of his writings, iii. 418.
Poinet, Bishop, on the Eucharist, ii. 404.
Poland, declaration of the Reformed
Churches of, on the Sacrament of the
Eucharist, ii. 414.
Pole, Cardinal, extracts from his work
" De Concilio," respecting the Head of
the Church, i. 354. ; on the authority
of the Pope, iii. 215.
Polycarp, the value of his writings, iii.
416.
Pope, the, his pretended supremacy or
universal pastorship (an article of the
Roman faith), i. 245. 375. 423. 540.
543. 600., iii. 44. ; the teaching of the
Church of Rome as to his authority, i.
195. ; expressed in the new creed, 224.;
Gerson's teaching that it is lawful to
resist him, 346. ; Bellarmine's, to the
same effect, ib. ; practices of early
Popes not in accordance with this doc
trine, iii. 21. ; its newness, ii. 82. ; not
older than Boniface III., i. 596. 600.
602.; invented by Gregory VII., iii.
14. ; denied by St. Gregory, i. Pref.
xii. ; antiquity of the claim, iii. 8. ;
waived by the Council of Trent, 5. ;
disagreement among the Roman Fa
thers about it, 4. ; belief in it de
creed as necessary to salvation, 10. ;
his pretensions invalid, 295. ; absurd, i.
43.; false, 189. 463.; a pernicious
heresy, iii. 27. ; the heresy of the
Politics, 28. ; its rejection by many
Romanists, 32. 38. ; origin of the doc
trine among the civil lawyers, 150. ;
his claim to be head of the Church, i.
177. ; special pretence to jurisdiction
over the Church of England, 247.; pre
tended power over Princes, 154. 375.,
ii. 89., iii. 185. ; how much it exceeds
the imperial power, according to the Ro
manists, iii. 220.; his pretended power

to depose Princes, 221. ; not approved
by more sober Papists, 241. ; his tem
poral monarchy not so .general as pre
tended, 46. ; France not subject to
him, 46. ; nor Spain, 48. ; taken pri
soner by Charles V.,' 50. ; the army
sent against him by Philip II. of Spain,
52. ; a continual conspirator against
Protestant Princes, 265. ; his authority
never acknowledged in England, iii.
60. 63. ; the British Islands never sub
ject to him, i. 380. ; his supremacy not
named in the laws of our early Kings,
i. p. viii. ; a beadsman to the Kings and
kingdom of England, iii. 80. ; England
unanimous in casting him out, i. 360. ;
house room afterwards given him by
Queen Mary, 362. ; evidence of the re
jection of his authority in England, iii.
54. et seq. ; his excommunication re
jected by the law of England, 68. ; his
authority always rejected in England
by the law of the land, 71. ; his claim
to supreme ordinary jurisdiction never
allowed in England during Roman
Catholic times, i. p.vi. ; state of the
law against his appointment of English
Bishops, i. p. xvii., iii. 650.; his autho
rity not allowedbut by the Kingof Eng
land's appointment, iii. 567.; penalty for
maintenance of his authority, 633. 635. ;
processes and sentences of excommuni
cation against certain Bishops for exe
cuting judgments given in the King's
Court, iii. 612. ; the danger therefrom
to the crown of England, 613. ; prae
munire for purchasing translations,
bulls, or any other instruments from
Rome or elsewhere, 613. ; all bulls and
dispensations from him to any subjects
of this realm to be void, 621. ; doctrine
of the Romish Church as to his infal
libility, i. 13. 175. 234. ; newness of
this doctrine, ii. 86. ; there cannot be
an infallibility in his election, i. 97. ;
his claim to be Christ's Vicar, i. 572.,
iii. 544. ; not allotted to succeed St.
Peter by Divine authority, i. 90. ; the
opinion of one godly man to be pre
ferred before, 148. ; his authority not
necessary to a council, 150. ; his supe
riority to general councils, the newness
of this doctrine, ii. 87. ; the authority
of a council over him, i. 151. ; subject
to a general council, 371. ; dispute as to
his authority over councils, 143.; his
confirmation of councils of no value,
372. ; the disobedience of St. Ignatius
to, 346. ; oaths of the Bishops to him,
iii. 25. 35. ; his encroachment in be-

INDEX.

685

stowing benefices on aliens, 600. ; guilty
of almost all the schisms in the Church,
i. 368. 370. ; his perversion of the
truth of Christian doctrine, 170. ; his
pretended power to make new articles
of faith, 420. ; that it is ominous for
him to canonise a Saint, 517. ; heretic
Popes, 162. 604. ; absurd ceremonies
used by the Emperor in approaching
him, iii. 213. ; impious flattery of, 217.;
cannot be deposed even though he be
prodigiously impious, 233. ; can dis
pense against the law of nature, and
against the apostle, 277. ; Sixtus V. and
Pius IV. guilty of simony, i. 162. ; a
discourse, of the Pope's supremacy, by
Isaac Barrow, iii. 3.; on the increase of
the Papal power in England, 491.
Popery the botch or plague of the
Church, i. 61.; dangerous to Protest
ant Princes, iii. 207.
Popish plot, against Charles II., iii. 207.
266. 274.
Postellus, the wild conceits of his book
" De Nativitate Mediatoris ultima," i.
59.
Potter, Dr., allusion to, i. 338.
Poverty, innocent and virtuous, consistent
with the truest felicity, ii. 262.
Prayer, of what it consists, ii. 365.
Prayers of the Roman Church in a tongue
not generally understood by the people,
i. 579. 596. 608. ; newness of this
practice, ii. 59. ; against Scripture, 62. ;
against reason, ib.
Prayers for the Dead, i. 552. ; supposes
purgatory, ii. 120. ; primary intention
of the Church in her supplications for
the dead, 146.; the dangerous teaching
of the Church of Rome respecting, i.
504. ; used in the Roman Church for
the exorcism of devils, i. 520.
Preaching, a substantial and essential part
of God's worship, ii. 363.
Presbyters, St. Jerome on, i. 268. ; not
bishops, 262. ; and deacons, schism
against, 317.
.Presbyterian ejectors and levellers, i. 297.
Presbyterians, their pretensions to the
sceptre of Jesus Christ, iii. 295. 298.
Primates, their original, i. 327. ; their
- power equal to that of the Patriarchs,
328.
Princes, whether the prince or the bishop
is to be obeyed, iii. 344. ; should have
- the supreme power in matters of reli
gion, 298. ; have a power of coercion
of every person in the whole order
ecclesiastical, 323.; entrusted by God
with the care of the Church, 311.; have

a legislative power in the affairs of reli
gion and the Church, 316.
Probability, the Romish doctrine of, i.
498 — 504.
Prophecy, the spirit of, a " note " of the
Roman Church, i. 166.
Prophets in the Church of Home, i. 1 66.
Prosper, St., on the Eucharist, ii. 441.
Protestants, not the authors of the Re
formation, i. 336. 353. ; not the authors
of the separation from the Church of
Rome, i. 365. ; have not separated from
the communion of the Catholic Church,
878. ; not admitted to dispute at the
Council of Trent, 379. ; the great mas
sacre of, in France, a. n. 1572, iii. 258. ;
the Church of England not always a
Protestant Church, i. 244. ; Mr. Knot's
discourse of the schisms of Protestants,
310.
Provisors of benefices, the statute of, iii.
599.
Psalter of Jesus, i. 508.
Psalter of our Lady, the Romish, i. 507.
514. 581., ii. 306. 312.; the blasphemy
contained in it, i. 515., ii. 70.
Purgatory, the Romish doctrine of, i. 190.
211. 224. 245. 568. 595.; made an ar
ticle of faith by the Council of Trent,
440. ; newness of the doctrine, ii. 54. ;
said to beheld by Gregory I., 1 13.; not the
doctrine of the Church, i. 436. ; never
held in the Catholic Church of Christ,
ii. 100.; contrary to Scripture, i. 551.,
ii. 57. ; against reason, 59. ; incon
sistent with the opinions of the Fathers,
i. 433. 435. 439.; rejected by the Greeks
and others, ii, 119.; expressly con
demned by the Church of England, i.
434. ; tales and legends of purgatory,
436.; Archbishop Laud on, ii. 96.;
Archbishop Usher on, 102.
Puritans, the followers of Novatus so
called, i. 255. Q.
Quadragenes, or lents of pardon, i. 485
Quakers, the new fancies of, i. 427.
Quarta deeimanes, their heresy in the ob
servance of Easter, iii. 74.

R.
Rabanus Maurus, on the celebration of
the Eucharist, ii. 448.
Ramsay, Abbot of, his restoration by the
command of the Pope, iii. 537.
Reformation, the just cause there was for

686

INDEX.

it, i. 239. 241. ; Protestants not the
authors of it, 336. 353. ; distinction to
be made between public and private,
237. Vide Henry VIII., Pope and
Rome.
Reformed Church, unjustly charged with
schism, ii. 15.
Regnault, Francis, his book of " Hours of
the most blessed Virgin Mary, accord
ing to the use of Sarum," i. 481.
Relics of saints, to be worshipped, ac
cording to the Church of Rome, i.
190.224. 557.
Religion, what it is, i. 20. ; the Apostles'
description of pure religion, i. 257. ;
that the truest which was the first, 59 1 . ;
no pretence to regalities, iii. 298.; the
great instrument of political happiness,
300. ; the band of families, and a strong
foundation to commonwealths, 300. ;
the supremacy of, necessary to the su
preme power, 302. ; kings have a legis
lative power in matters of, 316. ; in
what sense the service of God is to be
preferred before everything else, 327. ;
which are to be preferred, and which
are better, things spiritual or things
temporal, 330. ; Bishop Hall's treatise
(( of the old religion," ii. 1.
Repentance, the Romish doctrine of, i.
472. et seq.
Richard II., statutes made in his reign, iii.
605—614.
Ridley, i. 292.
Ring in marriage, its meaning, i. 283.
Rites. Vide Ceremonies.
Roman, the addition of the word, a de
pravation of the article in our creed,
i. 83.; cannot be any declaration of
the Catholic Church mentioned in the
Apostles' Creed, 87. 90. 94.; cannot be
a declaration of the Christian faith, 96.
Roman Catholics, our laws not cruel
against them, i. 362. ; the authors of
the separation of England from the
Court of Rome, 366. ; did not rebel
against the Catholic Church, 38:?. ; nor
give the supremacy of the Church to
Henry VIII., 354. 359.
Roman Catholic Relief Act, iii. 644.
Rome, to become the seat of Antichrist, i.
540. ; the nest in which Novatianism
was hatched, 605. ; besieged by Charles
V. of Spain, iii. 50.
Rome, the Church of, its pretensions to
Catholic tradition and primitive anti
quity, iii. 470. ; its pretensions to age,
and our falsely alleged novelty, ii.
2 ; not properly termed Catholic, i.
£7. 40. 75.; not the old nor Catholic

religion, 470.; its doctrine neither ca
tholic, apostolic, nor primitive, 414.;
the attempt to defend " that it was
constituted the Catholic Church by
the institution of Chris ," 95.; its pre-
fence of purity, 254 — 258. ; its pol
lution of the Catholic faith, 39. ; a
corrupted member of the Catholic
Church, 540. ; nothing wanting in it
but truth and sincerity, 198. ; difficulty
of knowing wherein its religion consists,
iii. 3. ; " the bravest in the world for a
man to sin in," ii. 614.; the reverence
yielded to it the effect of love and not
of duty, iii. 547.; its name an empty
title, i. 200. ; its false teaching, 170. et
seq. ; full of diseases, ii. 8. 16. ; its doc
trines and divinity contrary to God's
way, i. 491.; its non-conformity with
the Church of Christ, 10.; its members
of the same family, ib. ; its pretended
infallibility, 604.; its prophets, 166.;
teaches direct impieties, 472.; has
changed the primitive canon and rule
of faith by adding new articles to it,
577.; its pretended power to make
new articles of faith, 419. 423.; its new
articles of faith, 543. ; its errors,' cor
ruptions, and novelties, 411.; its novel
ties, ii. 20. ; sacramentals invented by,
i. 525.; its many points of faith, 159.;
consequent power of every parish priest,
160. ; most guilty of schism, 238. 248.
250, 251. 868., ii. 18.; its doctrine not
the same which it was, i. 245. ; degene
rate from itself, iii. 165.; its doctrines
and principles dangerous to Protestant
Princes, 209. ; falsehood of its claim to
be the mother Church, i. 571.; not the
mistress of all other churches, 572.; not
the mother church, 102. 111. 189. ; not
the universal church, ii. 18,; when and
how pronounced the head of all churches,
iii. 117-; the boasted learning of, i.
200. ; ignorance of the people, 216. ;
ill effects of their use of a foreign lan
guage in their prayers, 452. ; Romish
priests how said to be guilty of per
jury, 100.; at a loss concerning ge
neral councils, 144. ; the authority
of councils in, precarious, 140.; its
fifteen " notes," according to Bel
larmine, 163. ; its plea against the
government of the English Church,
259.; the true beginning of their schism
with us, i. 370., ii. 11.; differences be
tween it and the Church of England, i.
189. 194. ; controversies in, unresolved,
iii. 3. ; the separation from, not made
by Protestants but by Roman Catholics

INDEX.

687

themselves, i. 353. 365. ; increase of the
Papal power in England, iii. 491.; our
defence against, i. 239.
Rome, Bishop of. Vide Pope.
Romulus, his pretended prophecy con
cerning Christ, iii. 45.
Rosaries, why so called, ii. 309.
Roses, hallowed, an invention of the Church
of Home, i. 525.
Royal Supremacy. Vide Supremacy.
Rubeo, Gulielmus de, on Confession, i.
476.
Ruffinus, his paraphrase of the Nicene
Canon quoted, i. 326.
Rupertus, Abbot of Tuitiune, his teaching
respecting the substance of bread in the
Eucharist, ii. 479.

Sacraments, the two blessed, i. 1 92. ; two
only, ii. 366. : the covenants between
God and us, 366. ; none but Christ can
make one, 74. 76. ; new ones invented
by the Church of Rome, i. 189. 223.
525. 532. ; uncertainties of the Church
of Rome as to their number, 1 67. 181. ;
newness of their doctrine, ii. 74. ; con
trary to the teaching of Scripture, 75. ;
against reason, 76.
Sacrifice of the Mass. Vide Mass.
Sacrifices, the Sacrament of the Eucharist
ordained instead of them, i. 546.
Sacrilege, St. Gregory's answer to St. Au
gustine on, iii. 58 1 .
Saints, worship of, taught by the Church
of Rome, i. 171. 190. 217. 224. 469.
509. 516. 579, 580. 596., ii. 316. ; de
creed by the Council of Trent, i. 511.;
newness of this doctrine, ii. 68. ; no
ground for it in Scripture, i. 552. ; ii.
71. 192. ; against reason, 73. ; concur
rent testimony of all the Catholic Fathers
against it, i. 555. ; the peculiar saints
for separate trades, i. 512.; persons of
doubtful character canonized 517. ;
Archbishop Usher on, ii. 191.; relics
to be adored, i. 502.
Salazar, Ferdinand Quirinus de, the horrid
blasphemies in his works, i. 510.
Salvation without repentance, the Romish
doctrine of, ii. 517. Vide Absolution.
Sardis a metropolis, i. 324. ; council of,
147.
Sarum, the " Hours," according to the
use of, i. 481., ii. 601.
Saxon Homily, extract from, on the Eu
charist, ii. 453.
Schism, Dr. Hammond on, i. 397. et seq. ;
the true beginning of the schism between

us and the Church of Rome, 370. ; the
original of the word, 306.; what schism
is, 337. ; no excuse for it, 305. ; the
several sorts of, 315. 347. ; distinction
to be made between schism and actual
non-communion, 237.; different degrees
of schism, 238. ; a voluntary recession,
307.; an offence against charity, 404. ;
all schismatics heretics, 253. ; the dan
ger and sin of, 301. ; severe censures of
it hy the fathers, 303. ; no crime so
great, 304. ; God's judgments on, 294.;
the Pope and Court of Rome most
guilty of, 368. ; the Church and Court
of Rome four ways guilty of, ib. ; the
Church of Rome guilty of it, ii. 1 8. ;
the guilt entirely resting with the
Church of Rome, i. 238. 248.; the
Church of England not guilty of it,
612., ii. 15.
Scioppius, on the Imperial Power of the
Pope, iii. 223.
Scotland not subject to the Pope, iii. 98.
Scottish kirk, the, i. 291.
Scotus, Duns, transubstantiation not an
article of faith, 1 . 442. ; on repentance,
472. ; on Confession, ii. 562.
Scriptures, the Canonical Writings the
only foundation and perfect rule of our
faith, i. 192. 289. 414. 417. 538., iii.
433. ; this not acknowledged as true by
the Roman Church, i. 117. ; kept from
the people by the Roman Church, 176.
607.; the true reason why the Church of
Rome forbids the people to read them,
211.; not necessary to salvation, ac
cording to the Roman doctrine, 501.
Serenus, Bishop of Marseilles, his destruc
tion of images reproved by Pope Gre
gory, ii. 338.
Serpent, ^sculapius adored by the hea
then in the shape of a water serpent, ii.
345.
Serpent, the Fiery, why God commanded
it to be made, ii. 347.
Seven churches of Asia, the, all metro-
poles, i. 323.
Simanca, Incobus, on the supreme autho
rity of the Pope, iii. 225.
Simony, Sixtus V. and Pius IV. guilty
of, i. 161.
Sins, what are not, according to some of
the Roman fathers, i. 502.
Sixtus V. guilty of simony, i. 161.; his
approval of the murder of Henry III.
of France, iii. 252.
Smith, Sir Thomas, had the supervision
of the book of Common Prayer, iii.
576.
Smyrna, a metropolis, i. 324.

688

INDEX.

Socinians, iii. 429. ; their claim to tradi
tion, 472.
Spanish armada, an allusion to, iii. 259.
Spelman, Sir Henry, his " Concilia" re
ferred to, i. 247.
** Stabat mater," the hymn in honour of
the Virgin, ii. 299."
Stephen, King, appointment of the Bishop
of Bath after its cession by Henry I.
to the Pope, iii. 594.
Still ing fleet, Bishop, on Indulgences, ex
tracted from his " Discourse concerning
the Idolatry practised in the Church of
Rome," ii. 594.
Strabo, "Walafridus, on the institution of
the Eucharist, ii. 450.
Suarez, the Jesuit, i. 225. ; on Purgatory,
ii. 157.
Subjection to the higher powers, sermon
on, by Bishop Morton, iii. 162.
Succession of Bishops, a " note" of the
Roman Church, i. 164.
Supremacy Royal, not invented at the
Reformation, i. ix. ; a law of King
Edward the Confessor, iii. 592. ; a law
of William the Conqueror, ib. ; who
they were who granted it to Henry
VIII., i. 359. ; the act constituting
Henry VIII. supreme head of the Eng
lish Church, iii. 620.; Henry VIII. 's
statute against appeals to Rome, iii.
614. Vide Henry VIII. and Elizabeth.
All ecclesiastical jurisdiction annexed
to the crown, iii. 627- ; penalty of the
maintenance of foreign authority, 630. ;
Sir Edward Coke on, i. xx. ; pretended
supremacy of the Pope, vide Pope.
Surius, i. 199.
Sylvester III., pope, his excommunication
of the Emperor Henry V., iii. 251.
Switzers, the confession of, in the Sacra
ment of the Eucharist, ii. 413.

T.

Tarragona, council of, iii. 530.
Taylor, Bishop ; of the Church, showing
that the Church of Rome relies upon
no certain foundation for their faith, i.
117.; extract from his " Dissuasive
from Popery," 413. ; on half commu
nion, from his " Ductor D ubi tantrum."
ii. 491.; of the imposing auricular con
fession upon consciences without autho
rity from God, extracted from his
" Dissuasive from Popery," 553. ; on
the supreme civil power, iii. 294.
Taxa Cancellariaj Apostolica*, the book so
called, i. 492. 569.

Tertullian, on the institution, of the Lord's
Supper, i. 444. ; ii. 432. ; on image
worship, 347. 358. ; on the value of
tradition, iii. 421.
Thecla, St., the narration of her miracles,
ii. 210. 319.
Theodore, his Penitential, ii. 588.
Theodoret against the doctrine of tran
substantiation, i. 447.; on the Eucharist,
ii. 441.
Theology " altered from head to foot" by
the Roman Church, i. 184.
Thessalonica, the metropolis o£ one part
of Macedonia, i. 323.
Thyatira, a metropolis, i. 324.
Timothy, metropolitical authority given
to him, i. 322.
Tithes, King Ethelstan's laws respecting,
iii. 589.
Titles to sees not to be assumed by
Roman Catholics, iii. 6^0.
Titus, metropolitical authority given to
him, i. 321.
Toledo, councils of, i. 141. 241, 242. 247.
Tolet, Cardinal, that it is unnecessary to
understand prayers when we say them,
i. 505. ; his " no sins," 501.
Traditions, Romish, doctrine of, i. 469. ;
its newness, ii. 77. ; against Scripture,
79.; against reason, 81. ; obtruded into
the Holy Scriptures by the Roman
Church, i. 175. 194.
Translations of the Scriptures, i. 453.
607.
Transubstantiation, the doctrine of, as
taught by the Church of Rome, i. 59.
190. 213. 223. 284. 405. 544. 546.;
Bishop Cosin on, ii. 399- ; what the
Papists understand by Christ being
spiritually present in the Sacrament, ii.
417. ; what St. Bernard understood by
it, 418. ; what the Protestants, ib.;
faith doth not cause but suppose the
presence of Christ, 419. ; the union be
twixt the body of Christ and the bread
is sacramental, 417.; transmutation or
transelementation, not transubstantia
tion, 459. ; definition of the Council of
Trent of the real presence, 424. ; un
known in Scripture, 38. 428.; not ex
pressed in the canon of Bible, i. 441. ;
the doctrine and practice of the primi
tive church inconsistent with it, ii.
454. ; not primitive nor apostolic, i.
441. ; never expressed by any of the
Fathers, ii. 459.; how introduced by the
ecclesiastics of this kingdom, iii. 577. ;
invented out of some misunderstood
sayings of some of the Fathers, ii. 490.;
uncertainty of the Romish Church re-

INDEX.

689

specting, i. 168. ; wholly destitute of
the patronage of antiquity, ii. 469. ; the
word hardly to be found before the
middle of the 12th century, 480. ; new
ness of the doctrine, 33. 490. ; against
reason, ii. 39. ; first made an article of
faith by Pope Innocent III., 481. ; not
an article of faith till after the first
Lateran Council, i. 441, 549. 596. 605.,
ii. 33. ; but not determined then as it
is now held at Rome, i. 443. ; errors
and superstitions which grew out of it,
ii. 483. ; statement of the differences
between the Protestants and the Papists
on this subject, 422. ; different opinions
about it, i. 549. ; believers in it ana
thematized by the Roman Church,
179.; the teaching of the Church of
Rome on this subject impossible,
449. ; blasphemous questions arising
therefrom, 448. ; impieties to which it
gave rise, ii. 487 ; a strange and mon
strous thing, 427. ; absurdity of the
doctrine, 467. ; the very monstrous doc
trine of, 521. ; acts relating to declara
tions against, repealed, iii. 645.
Trask, Mr., an allusion to, i. 261.
Trent, Council of, its decree for the invo
cation of saints, i. 511.; confirms the
doctrine of transubstantiation, 550., ii.
424. 490.; determines that there are
seven Sacraments, ii. 74. ; its decree on
confession, 554.; ou the Pope's supre
macy, iii. 5. ; decree against duelling,
ib. ; not a general nor lawful council,
i. 379. 538., ii. 14.; protest of the
French ambassador against it, i. 379. ;
a most apocryphal conventicle, iii. 239.
Trinity, the Romish conceit of the glass
of the Trinity, i. 556. ; images of, wor
shipped in the Church of Rome, 529. ;
pictures of the, against the doctrine of
the primitive Catholic Church, 46 1 .
Tunstal's epistle to Cardinal Pole, alluded
to. 360.
Turrecremata, Cardinal, maintained the
doctrine that the Pope may depose
princes, iii. 231.
Twysden, Sir Roger, on the increase of
the Papal power in England, iii. 491. :
how far the regal power did extend
itself in matters ecclesiastical, 553.

U.
Unity, ecclesiastical, wherein it consists,
i. 315. : not fully implied in Christian
communion, S45.
Urban II., Pope, his plenary indulgences
VOL. III. Y Y

granted to the Crusaders, i. 428. ; his
preaching concerning the question of
supremacy, iii. 13.; " the patron of
assassinations," 177.
Usher, Archbishop, brief declaration of the
universality of the Church of Christ
and the unity of the Catholic faith
professed therein, i. 41. ; on purgatory,
ii. 102.; on prayer for the dead, 120.;
on prayer to saints, 191. ; op images,
326. V.
Valentia, Gregorius de, on indulgences,
ii. 608.
Vasquez, on confession, ii. 558. 562.
Vervain, worn as a charm against " blasts,"
i. 216.
Victoria, Queen, an act to repeal certain
penal enactments made against her
Majesty's Roman Catholic subjects, iii.
652. ; an act to relieve her Majesty's
subjects from certain penalties and dis
abilities in regard to religious opinions,
656.
Victoria, Franciscus de, i. 477.
Vienna, a principal metropolis of France,
i. 328. ; council of, iii. 505.

W.
Waldenses, the horrid murders and mas
sacres of, iii. 258. ; murdered by the
Crusaders, 258.
Waterland, Dr., on the use and value of
ecclesiastical antiquity with respect to
controversies of faith, iii. 408.
Wesselus Groningensis, the best scholar
of his age, ii. 610.; his testimony
against indulgences, 611.
Whitaker, on transubstantiation, ii. 35.
White, Bishop, remarkable observations
concerning the Church, i. 24.
White, John, D.D., controversies between
us and the Roman Church, i. 194.
White vesture, signification of the, i. 283.
Wickliffe, i. 371.; his wrongful condemn
ation, ii. 488.
Wittemburg Confession, on the Sacrament
of the Eucharist, ii. 409.
William the Conqueror, counselled by
Pope Alexander II., iii. 549. ; his bold
letter to Pope Gregory, refusing fealty
to him, i. preface, vin., iii. 54. 215. 526.
593. ; his decree respecting ecclesias
tical courts, 559. ; his law on the fealty
due to the sovereign, 592. ; his charter
to Battle Abbey, i. p. viii., iii. 592.

690

INDEX.

William Rufus, his denial of the Pope's
supremacy, iii. 54. ; the archbishopric
of Canterbury conceded to Anselm,
593.
Wiseman, Cardinal, his " Pastoral " on
his appointment as Archbishop of West
minster, iii. 666.
Wolsey, Cardinal, blew the coals of
Henry VIII.'s suspicion against the
Pope for sinister ends, i. 361. ; his
agreement with the French for settling
the ecclesiastical government of each
kingdom during the Pope's captivity,
iii. 566.

Women to be covered in the congregation,
i. 283. Y.
York, why the see is set before that of
London, iii. 485.

Z.

Zachary, Pope, his deposition of the King
of France, iii. £28. 251. 296.

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