The ancient liberty of the Britannick church, and the legitimate exemption thereof from the Roman patriarchate discoursed on four positions, and asserted / by Isaac Basier ... ; three chapters concerning the priviledges of the Britannick church, &c., selected out of a Latin manuscript, entituled, Catholico-romanus pacificus, written by F.I. Barnes ... ; translated, and published for vulgar instruction, by Ri. Watson.

the word) The Metropolitick Rights Custome hath introduced, appears from the very words in the sixth Canon of the first great Nicen Council, wherein the confines of the three chief Patriarchs are determined, and the Origin of the Roman Metropolitan, as also the Alex∣andrian, Antiochian, and those of other Provinces (which at that time did alike enjoy, each its own.) I say, the Origin of every one of these, is referred by the Council ad 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to Custome; And moreover the Synod doth decree a Reli∣gious Observation of that Custome in these solemn words, which the Church truly Catholick did perpetually reve∣rence as an Oracle, viz. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Let Ancient Customes be in force; commanding likewise 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. That Churches should have their priviledges preserved. The same is clearly evident from the words in the second Canon of the first Constantinopo∣litan Council, which most expresly com∣mands each Church in every Diocess to be governed according to that Custome

of the Fathers which had prevailed, the priviledges being preserved which by the Nicen Canons have been granted to the Churches.

The second part of the Position (viz. That Councils have confirmed the Rights of Patriarchates) is manifest both by the former Paragraph, and principally by that Illustrious Canon, which is the last save one of the Oecumenick Coun∣cil at Chalcedon (that is the 206 Canon of the Universal Church) a neither the truth nor va∣lidity whereof hath any one questioned, unlesse carried away violently with an affection to the

Roman partie. The words of the said Canon are most emphatical. Behold the very marrow and vigour of it express'd.

First, The Catholick Ancients do as∣sert, that they in this decree, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and eve∣ry where follow the definitions of the Holy Fathers.

Secondly, That the Priviledges of the Elder Rome, they say not (are founded by Christ, or by Peter, or by Paul, but) are indulged by the Fathers, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Thirdly, They adjust the reason of this Prerogative, and that not divine, nor indeed so much as Ecclesiastical, but meerly secular, to wit (as wee shall de∣monstrate in the third Paragraph) the Imperial Authority, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because that City was Empe∣resse of the rest.

Fourthly, The Fathers, moved by the same consideration, declare, That they (as much as lyes in them) 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, will communicate equal Priviledges

to the most holy Throne of New Rome. Rightly judging (they are the words of the very Canon) that Constantinople, which they call New Rome, being honou∣red both with Empire and Senate, may en∣joy equal Priviledges with the Elder Rome; and in Ecclesiastical affairs, no less than she, be extolled and magnified, as her se∣cond, or next unto her: hitherto the Ca∣non, second, to wit, in order, but no way obnoxious in jurisdiction to Rome, as is plain by her equality with Rome, eve∣ry way asserted in the Canon, and will afterward more clearly appear both out of the 8th. Canon of the first Ephesine Council, as also the ninth Canon of the Council of Chalcedon; both which Canons are cited and illustrated in the follow∣ing Position.

The third part of the Position, viz. The Rights of Patriarchates Emperours have established, is confirmed both by reason and by practice; and that first ge∣neral, then special likewise.

The general Reason, being as it were

the foundation of this whole discourse deeper laid, is farther to be reached.

First, Therefore wee say, That Fa∣thers of Families were at first both Princes and Priests. Moreover, as the supplicate of the whole Gallick peo∣ple, to King Philip the Faire, almost four hun∣dred years since, very rightly observeth against Pope Boniface, Melchisedec is expresly said to be King before Priest, and consequently the King taketh not from the Priest, nor ought to acknowledge that hee owes unto the Priest his Crown, or the rights thereof (such as the external Regiment of the Church is proved to be after∣ward.)

Secondly, Wee say, That by pro∣pagation of Families, and their amplifi∣cation into Cities, and Communities, the Oeconomick Authority in process of time, became politick.

Thirdly, Wee assert, That in the first institution of the Priesthood, Moses took away no part of the supream jurisdiction

from the Politick Authority; Therefore the Royal Power remained the same it was before, both Legislative and Iudi∣ciary, as well in Sacred as Civil Affairs. For Moses, as King in Iesurun, was constituted by God himself, the keeper as well of † both Trumpets, as Tables; now what pertain∣ed to Moses as King, is every Kings due. This very comparative Argument, as rightly consequent from Moses to Con∣stantine the Great, after the revolutions of so many ages, Eusebius five or six times applies to establish the Imperial Authority about the Convocation and confirmation of the first Nicene Council.

Fourthly, As Moses, not Aaron, de∣livered the Ceremonial Law: so, long after Moses, King David instituted the courses of the Priest, and Solomon thrust out Abiathar the High Priest.

Fifthly, When Christ inaugurated his Apostles, hee furnished them with great powers of his own, such as are the Administration of Sacraments, and

power of the Keyes; but all that Christ bestowed on his Apostles cumulatively, nought at all privatively: for indeed our Lord Christ would neither by the Evan∣gelical Priesthood, nor his whole first Advent, have any thing detracted from the Jurisdiction or Authority of the Ci∣vil Powers; nor that Kings, because Christians, should have their Prerogative abated.

Sixthly, Wee say, That Kings, as Kings, ought to be the Li∣turgick Officers of Christ; and so far Kings in their degree may, yea ought to be Ministers of the Church, and, as it were, External Bishops of the Ec∣clesiastick Government, (as s Constantine the Great said wisely of himself) That same the magnifi∣cent Title of Christ himself, Prince of the Kings of the earth, seems to erect for all Kings of right, although in fact most of Kings are not, yet by vertue of this title they are obliged all to bee Chri∣stians.

Seventhly, We say, That there are very many things pertaining to the external Polity of the Church, which although they belong properly and primarily to the King alone, yet in case of necessity, as they say, and secondarily are out of course devolved upon the Clergy. For instance, To call Synods; ordain Fasts or Festivals; distinguish Parishes into Diocesses, or Provinces; to fix and rati∣fie the Hierarchical degrees of Bishops, so as this man is a Bishop, that a Primate, the third a Metropolitane; that this Bishop should be under the jurisdiction of that Metropolitane, and contrarily, up∣on some weighty or lawful either occa∣sion, necessity, or publick commodity of the Church, that this should be ex∣empt from the other under whom hee was before. These, and very many of like sort, according to the various state of the Church, pertain both to the King and Priest. For those two most different times of the Church's con∣dition ought not to be confounded, I mean of persecution, and peace. Because

in time of persecution under Infidel Kings, so long as Princes are altogether and every way dis-joyned from the Church, and the Church from Princes, the divine order ceaseth, and the Royal Succession suffer's necessarily interrup∣tion (I say interruption, not abolition) For so long the case is plainly extraor∣dinary, and, while so, the Woman is in the Desart, and the Church supplies this de∣fect of Princes as she can. As when the Husband is absent or sick, the Matron governs the Family. But the divine Po∣sitive Order re-entring, the ordinary state of the Church returneth also; so soon as Kings resume the Christian Re∣ligion, the partition-wall presently falls down, and then by due right Kings take again their exteriour power over the Christian Church. Otherwise we should say, that in order to the Government of the Church, there ought to be no dif∣ference between Pharaoh and Moses, be∣tween Nero and Constantine; nor, as to dominion in sacred Affairs and the right use thereof, that this Emperour communi∣cates

any more with the Church, than the other; which would be dissonant, not onely from right Reason, but also from holy Scripture. Therefore the Emperour, so soon as hee becomes Christian, ought to ob∣tain his restitution intire. And this in this Argument is the matter of right, or general Reason, which wee lay down as the Base of that right which belongs to the Emperour in establishing the external limits of the Ecclesiastical Government.

As to the matter of fact, or practice, that is both general or Catholick, and also special.

The general practice (beside the as∣sumption of the second Argument which was proved before) consists in an induction of Councils, as well General as Provincial, all which as they suppli∣cate from the Emperour himself the very convocation of councils: so do they sub∣mit to the same Emperour every one of their decrees, even those in matters of Faith, which although, as to their in∣trinsec Authority, they depend onely

on the Word of God, and Truth it self; yet, as to their extrinsec Authority, they depend on the Imperial Sentence: but if those of Faith, how much more those which are onely of the bare Regiment of the Church, such as is the establish∣ment of Patriarchates, lye all under the Imperial decrees? to wit, in this sense, That the Canon of the Church may have the force of a Law, that wholly proceeds from the Authority of the Prince. Thence is it, that every one of the Ancient Councils, all the Ancient Catholick Bishops (even the Bishop of Rome himself) present them alwaies to the Emperour to be supplied, amended, perfected; and so humbly petition from the Emperour, not a naked protection, or late execution; but an intire ratification and confirmation of every Council, without which, as to the external effect, they are to become unattired, void, and plainly of no force. Concerning this Truth, I appeal not onely to the Councils of Cavalion, Mentz and Toures, with the rest of the less sort; but

I produce the very four general Coun∣cils, concerning the first of which, viz. that of Nice, Eusebius expresly relates, that the Emperour 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, confirming the de∣crees of the Synod, did fortifie them, as it were with his seal. I appeal also to the first Council of Constantinople, and the very Epistle of the Council to the Em∣perour Theodosius, wherein all the holy Fathers petition the Emperour 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. to have the Suffrage of the Synod confirmed. Yea, I appeal to Leo himself Pope of Rome, (whom I beleeve not to have been of the most abject spirit among those in that Pontificate) who in every one of his † Letters to three Em∣perours, humbly petitions (not commands, much less decrees▪ but) beseecheth, supplicates, that the Emperour would command, &c. But it may suffice to have declared these things, though somewhat at large, yet but by the way, to the evincing (by a general rule from the whole to the part) That the rights

of Patriarchates introduced by Custome▪ confirmed by Councils, were established by Emperours, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which was the last lemme of our Position.

The same will appear more evidently in the special practice of the Catholick Emperours. For by what Authority Iu∣stinian the Emperour ere∣cted Iustiniana prima to a new Patriarchate, and in∣dulged unto the same (they are the words of his eleventh Novel) the highest Priest∣hood, the highest authority, and ordained that that should have the place (not onely Vicege∣rency, but place) of the Apostolical See, so as it should be, saith Nicephorus, a Free Church, and Head unto it self, with full power, &c. (what could be said more amp∣ly, what more magnificently of Rome her self?) so likewise by the same Imperial Authority, the very same Emperour Iu∣stinian, Novel. 131. ch. 1. restored the African Diocess to its Ancient Patriar∣chal Prerogative (which the invasion of the Vandals had interrupted) And so by

his Imperial writ did hee constitute the Bishop of Carthage absolute Primate of whole Africk.

Lastly, This is the very thing which in the last age the Emperour of Britain King Henry the eighth by the like right imitated in his Diocess, viz. not by e∣recting it anew (which yet in the case of Iustiniana prima Iustinian did) but one∣ly restoring the same Britannick Diocess unto the Ancient Liberty it enjoyed in the Primitive times of the Ancient Oe∣cumenick Councils, viz. the Nicene, Constantino∣politane, and Ephesine (con∣cerning which more here∣after) And thus much more than needs, of our first Position, because that is, as it were, the foundation laid for the rest that follow.

Notes

• a

  This very 28th. Canon appears in all Greek Copies, and although con∣troverted by Pope Leo, whom it seem∣ed to concern, yet we have seen, and read the very same Canon likewise in an excellent Latine Copy, the quadrate Characters whereof, and other marks of Antiquity, argue the Book to bee about one thousand years old. This Copy is in the rich Library of the famous ••ustell, who heretofore gave mee the liberty of seeing it. There is also another ancient Latine Copy in the famous Library of the Noble Th••••••∣nus, wherein yet the same Canon is to bee read; so that wee may justly question the fidelity of the later Roman Copies, which have it expunged.
• Acta inter Phi∣lip. Pulch. & Bo∣nifac. 8.
• Deuter. 3••.5.
• †

  Numb. 10.1.
• Rom. 13.6.
• s

  You are Bishops as to the interiour, I, as to the exteriour.
• Isa. 49.23.
• †

  Lett. 23, 24, 25.
• Achrida, now O∣chrida.
• Novel. 131. c. 3.
• Nicene Can. 6. Constantinop. can. 2. Ephesin. can. ult.