An apolagy of the Holy Sea apostolicks proceeding for the gouernment of the Catholics of England during the tyme of persecution VVith a defense of a religious state, vvritten by Daniel of Iesus reader of Diuinity.

The practise of the ancient church, M^r. Doctours fourth pretended necessity of a Bishop. CAPVT IV.

1. THe fourth obligation in M^r. Doctours opinion, ••inding the Pope to or∣••ayne a Bishop for En∣gland, is the ancient pra∣ctise of the primitiue Church, which in tyme of greatest persecutions, that were intended principally against Popes and Bi∣shops, and euen Popes, and would not for feare of persecutions, or other humane respects, let any country, or Church, specially of any greatnes to bee without a Bishop. With greate curiosity M^r. Do∣ctour numbers how many Bishops euery Pope made from Linus to Telesphorus, and beeing weary to number all, hee remitts Priests to their Breuiaries for the rest. Hēce hee often demandes what may bee the cause of this, but that the Church thought it was, Iuris diutui, of the deuine law, that euery Church, or country should haue its Bp. ab∣solutly, in what circumstances, or persecu∣tions soeuer. Hee also hath some examples of the African Churches, that made Bi∣shopes in persecution. These African exam∣ples are in deede against him, as I shall shew

th•• practise of the primitiue Church is the only thinge that maketh for him a faire shew.

To which I answere, the primitiue Church did ordaine Bishops in tyme of per∣secution, not because they iudged that the hauinge of a Bishop in euery Church was a deuin or••enance, to bee in all occasions in∣••iolably kept, but three reasons forced them to this, all which now cease in re∣spect of the Church of England.

2. The first was to preserue the order of Bishops in the world, without danger of beeing vpon the suddaine all at once extin∣guished. If Bishops in the Church were •• win number, in one Prouince or citty only they might by a storme of persecution, by some inundation of warre, by the conta∣gion of some pestilent disease bee suddanly all taken away, wherefore that this may neuer happen the diuine institutiō requiers that a greate multitude of Bishops bee dis∣persed ouer the world, and placed in euery principall citty, euen in the greatest futy of persecution, accordinge as his vicar shall thinke sitting. The care of this thinge so essentially necessary to the beinge of a Church, caused the primitiue Church to doe som things that now are forbidden. For this respect in the begininge all Priestes, or in a manner all were Bishops in respect of order, as is shwed by Franciscus a Messana

in his annotations vpon S. Hierom. which is alsoe affirmed bya Scotus▪ byb Suarez by Pinlippus de Gaumashe Doctour of So••bon. primis temporibus (sayth hee) pauci erant Sacerdotes, qui non essent simul ••piscopi pro∣pter frequentes, & quotidianas persecutiones. In the primitiue tymes, there were few Priestes that were not also Bishops in regarde of soe frequent, and dayly persecutions, to witt, least all the or∣der of Bishops might fayle at once. This was the cause of placinge Bishops in citties where christians were very few in number, as S. Gregory Thaumaturgus was ordained Bishop of Neocaesarca, when the christians of the citty were not aboue seauenteene. This was the reason why Bishops were made in vilages, and little townes tea••med Chore episcopi, country Bishops. Finally to our pourpose, this care inforced the Church to make Bishops in the ••age, and fury of persecution when there was noe hope they should escape; for when Bishops died, or were taken away by martyrdome vniuersally ouer the world, as in those per∣secutions they were: if new had not been presently made in their ••oo••••es with in a short tyme, the whole vniuersall Church would haue been left without Bishops. Now this reason to cease in respect of En∣gland who doth not see? For though there bee no Bishops, or Bishop in England, the order of Bishops may subsist in the

world, without danger of beinge sudd••i∣nely extinct.

3. The second reason of ordaininge Bi∣shops euery where in tyme of persecution was, that which of ten hath been touched, that all christians might bee sufficiently fur∣nished with Priestes of learinge and Au∣thority to giue them all necessary Sacra∣mentes, and instruction of sauinge truth. For this cause the deuine institution, (as hath been sayd,) will haue the Church deuided into Dioceses and districts, and that euery diocese haue a proper Bp. to or∣daine Priestes, when the Diocese is at such extēt as they cannot bee prouided of Priests without a proper Bishop within them sel∣ues. This necessity was greater in the pri∣mitiue Church when noe Bishop, or Priest was ordained but in the Cathedrall Church in the presence of all the cleargy, and peo∣ple that would bee present, which Canon, euen in tyme of persecution wasa in∣uiolable kept, now England may bee, and is aboundantly furnished with Priestes, by the prouidence of the supreme Pastour, wherevnto a Bishop at home cannot helpe: yea by ordaininge Priestes with in England may bee do much harme to the Catholi∣que cause; and soe this necessity of makin∣ge Bishops duringe persecution in the pri∣mitiue Church ceaseth now in our English Church.

4. The third necessity was the externall gouernment of the Churche••, to mantaine peace and concord among christians, by way of authority banishinge sinne, honouringe vertue, promoting•• men vnto dignity as they deserue. The exercise of this external iurisdiction was necessary, and vsed in the primitiue Church, because the persecution was not so hard, and seuere but christians had thyre knowne Church, and cemeteries, to which all of that citty or diocese might repayre, and it need re∣quired might bee there s••moned before the Bishop; and though some persecutions were soe violent, as they did not per∣mitt christians to meete in theyr cemeteryes or Churches, yet that violence was not so frequent nor so vniuersall, nor euer lasted a boue three, or fowre yeares at a tyme, when most. Hence it is manifest, that also this necessity of hauing a particular Bi∣shop ceaseth in respect of England, our persecution being now, and hauing euer been so violent in this behalf•• these three∣score yeares, as there is no hope of hauing Churches where all Catholiques of one diocesse may meete, and assemble with their Bishops, and Pastors; nor is there any place vnto which litigan••s, or delin∣quents may bee iutidically summoned, and compelled to appeare, no•• can one be conuicted of contumacy if hee refuse to

appeare, seing hee may euer iustly pretend danger not to meete with his aduersary be∣fore the Bishop in iudgment, acknowled∣ging his tribunal, so that coactiue iurisdi∣ction forcing men to iustice, peace and vnity by iuridicall courses is impossible as things now stand in England: Wherefore one that would chalenge externall iurisdi∣ction, and coactiue power ouer the Church of England, might bee questioned by the sayd Church, as S. Augustin makes the people moue a question to S. Paul, quid te iactas iudicaturum? vbi sedebis: primo inueni locum vbi sedeas, & sic minare te iudicaturum. why dost thou chalenge the authority of a Iuge? where wilt thou sit to exercize iudgment? find a place where to sit, and then speake of being our iudge.

5. Hence also may bee answered the in∣stances, and similitude to proue a Bishop to bee most necessary in tyme of persecution, so tediously inculcated by M^r. Doctour, when is a Pilote more necssary then when a shipp is most dangerously tossed with the surginge waues? or a Pastour, then when the woulfe is ready to deuour the flocks? or a Generall then when the ene∣my approacheth, and offereth battayle? I answere neuer. But there bee other Pilots Pastours, and Generalls of a Church per∣secuted besides my Lord of Chalcedon. Christ Iesus is the supreme Pilote, Pastour

General, who in the tyme of persecution is most especially necessary to gouerne the Church by the law of his loue, the inforce∣ment of externall iurisdiction then hauing no place. The Pope is the supreme visible Pi∣lote, Pastour, Generall, then most neces∣sary to declare the doubts about faith, and resist errour that may creepe in. The particular Bishop is also a Pilote, Pastour, and Generall necessary, if otherwise the Church cannot bee prouided of Priests, who by theyr word, by theyr example, by the administration of Sacramens in∣courage Catholiques vnto the batayle; otherwise if without him, Christ Iesus and his vicar may immediatly furnish the country with Priestes: that particular Pi∣lote, Pastour, or Generall is needlesse, spe∣cially if by coming, the storme and tem∣pest should much increase, and this is our case.

M^r. Doctour argueth a genere ad speciem. a Pilote for England is necessary in per∣secution. Ergo my Lord of Chalcedon is necessary, as who would say without him the Piloteship, Pastourship, and Generalship of Christ, and his vicar is not sufficient. By this it may appeare, that M^r. Doctour by no president of former ages can confirme the necessity of a Bi∣shop, with such circumstances as he vr∣geth for the gouernment in England. To

conclude I will produce some few exam∣ples of antiquity to proue te contrary, since the tyme of Constantine, when not Paganisme, but heresy did persecute the Church, not vniuersally, but in one country only, which is our present case.

6. It is recorded by Theodoret: that Va∣lens the Emperour an Arian, banished all Catholique Bishops out of his dominions from theyr Churches, and to execute this decree vpon Eusebius Samosacenus a most holy and learned Catholique Bi∣shop, sent a messenger of his chamber. The good Bishop entertained him cour∣teously, and gaue him warning not to make the cause of his comminge know∣ne in regard the Cittizens beeing zea∣lous in Catholique religion, and loue to theyr Bishop migh•• do him some mis∣cheefe. In the darcke of the night, that the people might not know of his ba∣nishment, and therevpon resist the Em∣perours edict, priuatly with one seruant bearing for him only one booke, and a cushion, hee went to a barge prepared to carry him vnto Thrace, the next morninge the cittizens missinge him, came to the barge to bringe him back, hee would not but persuaded them to bee content, put∣tinge them in mynde of the Apostles, com∣manding Christians to obey the ciuill magistrate and Prince, and so went vn∣to

banishment, during which, hee did not omit to visit at tymes the Churches of Syria Phenicia, and Palestina, there ordaining Priestes, and Pastours. By this example wee are taught, that a Bishop ought not to continue in his Church against the hereti∣call Prince his will, with danger to bring trouble, and persecution vnto his flock. That a Church in tyme of persecution nee∣deth a Bishop, only for the ordination of Priestes, that hauing Priestes, they ought to rest satisfied, and not by the continuall kee∣ping of a Bishop against the Prince his will, prouoke his indignation.

7. The Church of Africk liuing vnder the persecution of Arian Kings, giueth vs many examples, and proper for vs in En∣gland.

Gensericus hauing conquered Carthage, forbad the Catholiques of that citty to mee∣te togeather in Churches, or to make any publique Ecclesiasticall assemblyes, where∣vppon after the banishment, and death of theyr Bishop named Quod vult Deus, they were a longe while without a Bishop, not presuming against the Kings will to ordayne any, vntill at the request of Va∣lentian Emperour, the King gaue leaue, and so p••st longum silentium desolationis (sayth Victor) the holy Bishop Deo gratias was chosen. Behould the Church will not make Bishops against the will of the per∣secuting

magistrate wit•• danger of irrit••∣ting him. Againe after the death of Bp. Deo gratias t••e Kinge tooke from the Ca∣tholiques the vse of Churches, forbad publique assemblyes, commanding that as the Bishops then liuing dyed, none should bee ordained in theyr places. Whence the Church of Carthage rested 24. yeares wi∣thout a Bishop, and of a 163. Cathedrall Churches th••t where in two prouinces of Africk, only three had Bishops, the rest beeing dead, and the Churches ordaining none in theyr roomes, vntill the Kinge againe gaue liberty of religion, and Churches. Which sheweth that the Church in her wisdome thought it better that so many Churches should want B••∣shops, and bee holpen as they could by Priestes, then by ordrining a Bishop against the Kings will, prouoke his indignation against his catholique subiects. Yea, that a country where there can bee no ordination of Priestes, no publique assemblies is no fit place for a Bishop.

8. T••is to haue been prudently done, appeared not long after in the Raigne of Trasimundus also an Arrian Prince, for hee gaue leaue to catholiques that they might freely frequent their Churches, and practise their religion with the Bishops for the present they enioyed, but that after the death of the present, none should bee su∣b ogated

in their roome. Not withstan∣ding this prohibition, the holy Bishops considering that by this meanes Priesthood and religion would within a short tyme vtterly bee extirpated, moued with zeale, and hopinge, the thinge beeing done, to satisfy the Kinge, and mitigate his displea∣sure, presumed in the seas vacant to ordai∣ne new Bishops; wherewith the King beeinge implacablely incensed, Banished the Bishops of Africa to the number 220. or 255. into Sardinia where they lead reli∣gious liues in celles,o beeing comforted, and mantained by the charities, and liberalities of Simmachus Pope but none of them against the Kings will returned to their seas,p many died in Banishment, and none weare chosen and consecra••ed in their roomes. So that for the space of more then 20. yeares those Churches were with∣out Bishops, least to the charity of Prieste: Here wee haue more then two hundred exemples of the like proceeding in the tyme of persecution, as the Pope nowe v••e••h with vs in England.

9. I will conclud with an other example which doth fully containe this dictamen, and publique iudgment of the ancient Church of Africk about this controuersy recoun∣ted by S. Victour. The Church of Carthage hauinge been ••4. yeares without a Bishop, in the beginning of the raigne of Hunneri∣cus,

Zeno Emperour sent an Embassadour to him, that hee would afford liberty of con∣science to the Catholiques of Carthage, and allow them to choose a Bishop. The king yeelded vnto the Emperours request, sent the sayd Embassadour vnto the Catholi∣que cleargy and people, that in his presence a Bishop might bee chosen, whom the peo∣ple would name. With the Embassadour the Kinge also sent his secretary with an Edict which was read that the Kinge gran∣ted them the free exercize of their religion, restoringe vnto them the Cathedral Church of Carthage, commandinge them to choose a Bishop, but with this prouiso that, the Em∣perour should grant the like liberty to the Arians in Constantinople, otherwise hee would banish all Catholique Bi••hops, and send them amongst the Sauages of Maurita∣nia. Wee (sayth S. Victor) began to groane at the reading of this edict, seeing clearly that they delt deceitfully with vs and that a greate persecu∣tion was contriued, and plotted against vs; hence it is well Knowne, wee sayd to the Embassadour, si ita est his conditionibus periculosis haec Ecclesia Episcopum non delectatur habere. Vppon such dan∣gerous tearmes as these are, the Church hath no comfort, nor mynde to haue a Bishop. Gubernet eam Christus sicut eam semper dignatur gubernare. Lett Christ gouerne it as hee doth still vouchsafe to gouerne it Behould the iudgment of S. Victor Bishop of Vtica, and (if M^r. Doctour bee

not mistaken) Primate of Afri••k with other Bishops, and a••l the Priestes and cleargy of Carthage consentinge with him, their iudg∣ment I say containing the decision of the two poyntes in controuersy against M^r. Do∣ctour. First that in tyme of persecution it is not Good, nor conuenient, nor any comfort for a Church to haue a Bishop when there is no puplique vse of religion. Secondly that in tyme of such a persecution Episco∣pall Iurisdiction for peace, and discipline cannot bee vsed, Christ then must by the law of his loue keepe men in order. What can bee more cleere in our behalfe, and for the iustifiing of the Apostolicall seate?

10. Hence I may inferre, that M^r. Doctour without cause doth so much insist vppon this history, in that S. Victor wryteth, that notwithstanding his verdict the peo∣ple so cried out for a Bishop, a Bishop, as they could not bee appeased, and so Eu∣genius was made Bishop. Wherevppon a trymph followed specially of boyes, and girles, who flockinge togeather she∣wed greater signes of ioy, testifying that they neuer had seene a Bishop sitt in Epis∣copall throne. M. Doctour is here so mo∣ued, as hee sayth hee cannot but turne his speach to his countrimen to Catholiques of England and to desire them to mitat•• this zeale of the Carthaginians for a Bishop and is M. Doctour of this mynde in good earnest?

will hee giue this zeale of the Carthagenians for good, and prudent? The persecuting Tyrant commandes a Bishop vppon certai∣ne conditions to be chosen, t••e Primate of Africa with the Priestes of Carthage iudgeth the choyce of a Bishop with such conditions to bee dangerous, not to bee admitted; the people of Carthage follow the Tyrants will, maugre theyr Bishops counsell, and aduise to the contrary, that is, they obey the woul∣fe against the voyce of their Pastour. Is this to bee allowed? would M^r. Doctour bee the counsellour of the Catholiques of En∣gland to doe the like? God forbid.

11. As for zeale, lett M^r. Doctour put our English Catholiques truly in such cir∣cumstances as the Cathagenians then did persuade themselues to bee in, and I dare warrant him they will burne with desire of a Bishop as much as they did. For those catho∣liques chose a Bishop not against the Kings will, but by his expresse licence, and order, they chose not a Bishop to ly hidden in a house, or to ryde about disguysed (euen the people had no desire, nor would haue had ioy of such a Bishop) but togeather with the Bishop they had the cathedrall Church of Carthage with all the glory and maiesty of Catholique religion, euen to the Bishop sitting in his Episcopall throne. If his maiesty should bee pleased to giue to the Ca∣tholiques of London the Church of Pauls

with full leaue to excercise the rites of their religion, with expresse order that they should choose a Bishop with the assistance of their cleargy, and Primate, if Catholicks should in these circumstances refuse to haue a Bishop, M^r. Doctour might seeme to haue some cause to complaine. But if (as hee would haue them) they make a Bishop against the Kings will, with increase of persecution to goe about in secular attyre, hauinge no chapter, throne, nor Cathe∣drall Church, but in the ayre, if they do this, I say, they shall not imitate the catholiques of Carthage, but a new deuised fancy, vnto which christian antiquity doth afford no pa∣ralell.

12. And heare I note that M••. Doctour to apply this Carthagenian example to En∣gland, is forced to wrest the story against truth, with some wronge to those catholi∣ques. Those (Sayth hee) would haue ha∣zarded their liues for their Bishop, because they had not seene one in their Church for the space of foure and twenty yeares. How zealous should you bee for your Bishop, you not hauing seene a true Bishop in England till these two last you haue had for some more yeares. As who would say the Catholiques of Carthage desired a Bishop out of curiosity, because they had not seene a true Bishop in their Church a greate while, which is manifestly false, be∣cause they had seene many Bishop in Car∣thage,

and namely S. Victor, whom M^r. Doctour nameth Primate of Africa, and so was a true Bishop, and their Prelate, and spirituall prince: nor doth S. Victor say that they so reioyced, because they had not a long tyme before seene a Bishop, Sed quia nun∣quam in Episcopali throno sedentem videssent. be∣cause they had neuer before seene a Bishop with a Cathedrall Church sitting in his Episcopall throne. This cause that made those Catholiques so ouer ioyed with a Bi∣shop, M••. Doctour could not apply to the Catholiques of England as enioying the like in my Lord of Chalcedon; wherefore hee makes bould with S. Victor to tell his tale after him otherwise then hee tould it himselfe, that those Catholiques did re∣ioyce because they had not seene a Bishop in their Church for 24. yeares; that so hee might come vppon English Catholiques with an argument a minori ad maius. God forbidd that a good cause should euer bee brought to such strayghts as by such tri∣ckes to help it selfe.

M. Doctour, if hee will moue Catholi∣ques, must find out an example of a church reioycing to haue a Bishop without any ca∣thedrall church, without a throne, going about without the state of a Bishop, with whom they cannot meete, nor heare him, and all this not casually for a tyme, but per∣manently, without any probable immediate

hope of change. What church did euer re∣ioyce to haue a Bishop in these tearmes, when without him they might haue prie∣stes, and all other necessaries? Sure I am that the Primate of Africa S. Victor, who Knew the mynde of the church in those dayes bet∣ter then M^r. Doctour, sayth, Ecclesia his con∣ditionibus Episcopum non delectatur habere, with these conditions the church hath noe ioy to haue a Bishop.

Notes

• Cap. 13.
• ibid. n. 6.
• a

  in 4. d. 7. •• 1
• b

  in 3. p. 1. 3. disp. 16. s••••. 2 s••••••t antiqua on s••••••tu••o vt om••••••s er∣d••••••s conse∣crar••ntur Epis••opi. comm. in 3. p. de Sacra∣mēto ordinis ••
• a

  Ignat. ••p. 6 Cipriā c. 1. ep 3. & 4. de diuina lege descēde∣re vt sa••er∣dos plebe prae s••nte sub om∣n••••us oculis deligatur.
• August. in psal.
• Dodicatori n. 18. in sine pag. 371. l. 9.
• l 4. c. 13. & 14.
• Victor de persecutione Vandali••a.
• Sintellus in vita 5. Ful.
• 1. Ioan. 1. Baron. 504.
• o

  miscolla l. 13.
• p

  Marian s••ot{us}. An••st. Bi••liot•• sin∣gulis annis episcopis e••∣••l••••us vestes ••••pe••uniam v••••••st••auit.
• Victor in persecutione vandal••a l. 2 initio
• p. 362. liu 1.
• c. 13. n. 7. p. 363.
• pag. 362. lin. 1.