The establish'd church, or, A subversion of all the Romanist's pleas for the Pope's supremacy in England together with a vindication of the present government of the Church of England, as allow'd by the laws of the land, against all fanatical exceptions, particularly of Mr. Hickeringill, in his scandalous pamphlet, stiled Naked truth, the 2d. part : in two books / by Fran. Fullwood ...

SECT. II.

Of the Pope's Possession here by his Legates; Occasion of them; Entertainment of them.

IT is acknowledged by some, that citing En∣glishmen to appear at Rome, was very incon∣venient; therefore the Pope had his Legates here, to execute his Power without that incon∣venience to us.

How the Pope had possession of this Legantine Power, is now to be enquired.

The Correspondence betwixt us and Rome, at first, gave rise to this Power; the Messengers from Rome, were sometimes called Legati; though at other times Nuncii.

After the Erection of Canterbury into an Arch-Bishoprick: the Arch-Bishop, was held, quasi Alterius Orbis Papa, as, Ʋrban. 2. stiled him: he exercising Vices Apostolicas in Anglia;* 1.1 that is, used the same Power, within this Island, the Pope did in other Parts.

Consequently, if any question did arise, the determination was in Council; as the deposing* 1.2 Stygand, and the setling the precedency be∣twixt Canterbury and York. The Instructions mentioned of Henry the First, say, the Right of the Realm is, that none should be drawn out of it, Authoritate Apostolicâ, and do assure us, that our Ancient Applications to the Pope were Acts of Brotherly Confidence in the Wisdom, Piety and Kindness of that Church; that it was able and willing to advise and assist us in any difficul∣ty; and not of obedience, or acknowledgment of Jurisdiction; as appear, by that Letter of Ke∣nulphus &c. to Pope Leo the Third, An. ••797.* 1.3 quibus Sapientiae Clavis, the Key of Wisdom, not Authority, was acknowledged therein.

Much less can we imagine, that the Pope's Messengers, brought hither any other Power, than that of Direction and Counsel at first, ei∣ther to the King or Arch-Bishop; the Arch-Bishop was, nullius unquam Legati ditioni addi∣ctus: Therefore, none were suffered to wear a Miter, within his Province; or had the Cre∣cier carried; nor laid any Excommunication, upon this ground; in Diaecesi Archiepiscopi Apo∣stolicam non tenere Sententiam, Gervas. Col. 1663. 55. & An. 1187. Col. 1531. 38. The Church of Cant. being then esteemed, omnium nostrum Ma∣ter Communis sub sponsi Jesu Christi dispositione, ibid.

True, the Pope did praecipere; but, that did not argue the acknowledgment of his Power; so John Calvin commanded Knox: the questi∣on* 1.4 is, how he was obeyed? 'tis certain, his Pre∣cepts, if disliked, were questioned, Eadm. p. 92. 40. opposed Gervas. Col. 1315. 66. and those he sent not permitted, to medle with those things they came about, ibid. Col. 1558. 54.

But Historians observe, that we might be* 1.5 wrought to better temper, some Persons were admitted into the Kingdom, that might by de∣grees, raise the Papacy to its designed height: these were called Legates; but we find not any Courts kept by them, or any Power exercised with effect, beyond what the King and King∣dom pleased, which indeed was very little.

The Pope's Legate was at the Council touch∣ing the precedence of the Arch-Bishops; but he subscribed the sixteenth, after all the English Bishops, and not like the Pope's Person, or Pro∣ctor; as Sir Roger Twisden proves, p. 20.

The first Council, wherein the Pope's Legate preceded Arch-Bishops, was that of Vienna, a little more than three hundred years agon, viz. 1311. as the same Author observes; wherein he looked like the Legate of his Holiness in∣deed.

But let us examine what entertainment the Power of a Legate found here: the Arch-Bishop* 1.6 was jealous that a Legate residing here, would prove in suae dignitatis praejudicium: and the King himself, was not without suspitions; and therefore, would suffer none, so much as to be taken for Pope, but whom he approved; nor a∣ny to receive so much as a Letter from Rome,

without acquainting him with it; and held it an undoubted Right of the Crown, that, ut ne∣minem* 1.7 &c. none shauld be admitted to do the office of a Legate here, if he himself did not desire it.

Things standing thus in 1100. the Arch-Bi∣shop of Vienna, coming over, reported himself that he had the Legantine Power of all Brittain committed no him; but, finding no encou∣ragement* 1.8 to use his Commission, departed, (à ne∣mine &c.) by none received as Legate, nor do∣ing any part of that office.

Fourteen years after, Paschalis the Second, by Letters, expostulates, with the King about* 1.9 several things; in particular, his non-admitting either Messenger or Letter▪ without his leave.

A year after, addrest Anselm, Nephew to the late Arch-Bishop; shewing his Commission Vices gerere Apostolicas in Angliâ: this made known; the Clergy and Nobility, in Council at London, sent the Arch-Bishop to the King in Normandy, to make known unto him, the Ancient Custom of* 1.10 the Realm; and, by his advice to Rome, ut haec nova annihilaret.

After this, An. 1119. the King sent his Bi∣shops to a Council held by Calixtus the Eleventh, at Rhemes, with Instructions, among other things, that they should humbly hear the Pope's Precepts, but bring no superfluas adinventiones into his Kingdom.

In November following, the Pope and King had a meeting at Gisors in Normandy; where Calixtus confirmed unto him his Father's Usages; in special, that of sending no Legate hither, but on the King's desire: and when the same Pope, not full two years after his Grant to the con∣trary,

addrest another Legate to these parts;* 1.11 the Kings wisdom so ordered it, that (qui Le∣gati &c.) he which came to do the office of a Legate in all Brittain, was sent as he came, with∣out doing any part of that Office.

But it is said that Calixtus confirmed unto the [Obj.] King, his Fathers usages: Therefore, it was in the Popes power originally and by delegation, and not in the King. Accordingly in our best Authors, and in particular, Eadmer, we find these words; Collata, Concessa, Impetrata, Per∣missa; as is urged in answer to my Lord Cook.

These words indeed intimate the Popes kind∣ness [Ans.] and peaceable disposition at present, viz. that he will not disturb, but allow our enjoyment of our ancient priviledges: Concessa, fungi permissa; the same Eadm. calls Antiqua Angliae consuetudo, libertas Regni p. 118. 33, 40.

2. The words do seem also to intimate, the Popes claim at that time; but the true question is, about his Possession; which in placing Legates there, was ever denied him not as a thing grant∣ed formerly by the Pope, but as one of the dig∣nitates, usus, & consuetudines, as Hen. 1. claimed and defended.

3. Lastly, they rather intimated the Popes want of power, than proved his Authority here: and what our Princes did in their own right, he would continue to them as a Priviledge: for no other reason but because he could not take it from them; or durst not deny it to them; so he dealt with Edw. the Confessor. Vobis Regibus Angliae committimus advocationem ejusdem loci; but long before that, our Kings looked upon it

as their Office, regere populum Domini & Eccle∣siam* 1.12 ejus; which the Pope knew well enough▪ Therefore, a Legate landing in England in Ed. 4. time, was obliged to take Oath, that he would attempt nothing to the derogation of the Rights of the King or Crown.

In Hen. 4's Nonage, his Ʋncle was sent Legate* 1.13 by Martin. 5. Rich. Cawdry the Kings Attorney, made protestation; that None was to come as Le∣gate from the Pope, or enter the Kingdom without the Kings appointment: a Right enjoyed from all memory.

In the Reign of Hen. 5. the design of sending a Legate from Rome, though it were the Kings own Brother, was opposed; the enterprise took no effect during that Kings Reign: Vit. Arch. chic. p. 78, 80. And in the eleventh of the same King, the Judges unanimously pronounce, that the Statutes mentioned were only declaratory of the common custom of England. fol. 69, 76.

It was in the Year 1242. when the whole* 1.14 State of England complained of the Popes infa∣mous Messenger, (non obstante) by which Oaths, Customs &c. were not only weakned but made void: And unless the grievances were removed, Opportebit nos ponere Murum pro domo Domini, & libertate Regni.

Yea long after this, in the year 1343. Edw. 3. made his Addresses likewise to Rome, which the Pope branded with the Title of Rebellion: But to requite him, that wise and stout Prince, made the Statutes of Proviso's and Praemunire, directly opposed to the Incroachments and Ʋsur∣pations* 1.15 of the Court of Rome; whereby he so aba∣ted their power in England for sundry Ages fol∣lowing,

that a Dean and Chapter was able to deal* 1.16 with the Pope in England, and to foil him too. an. 1420.

The Sum is, during the Reigns of all the Brit∣tish and Saxon Kings, until the Norman Conquest, Legations from Rome were seldom, and but Messengers: A Legantine or Nuncio's Court we find not. Gregory, Bishop of Ostium, the Popes* 1.17 own Legate, did confess, that he was the first Roman Priest that was sent into those parts of Brit∣tain, from the time of St. Austin.

When these Legates multiplied, and usurped Authority over us, the Kingdom would not bear it; as appears by the Statute of Clarendon, con∣firming the ancient Brittish English Custom, with the consent and Oaths of all the Prelates and Peers of the Realm: and upon this custom was the Law grounded, Si quis inventus, &c. If any one be found bringing in the Popes Letter or Man∣date, let him be apprehended, let justice pass up∣on him without delay, as a Traitor to the King and Kingdom. Math. Par. an. 1164. Hoved. in Hen. 2.

And all along afterwards we have found, that still as occasion required, the same custom was maintained and vindicated both by the Church and State of the Realm till within an hundred years before Hen. 8.

So that the rejection of the Popes Legate is founded in the ancient Right, the common and Statute Laws of the Realm; and the Legantine power is a plain Ʋsurpation contrary thereunto; and was ever lookt upon as such, it never ha∣ving any real possession among us by Law, or quiet possession in Fact, for any considerable time to∣gether;

but was still interrupted by the whole Kingdom, by new declaratory Laws against it.

Thus, we have seen how the Popes Possession of the formal branch of Jurisdiction, by Appeals and Legates, stood here, from St. Austin to Hen. 8. and that it was quiet and uninterrupted for nine hundred together, passeth away as a Vapour. The Contrary being evident by as Authentick Testimonies as can be desired: and now what can he imagined to enervate them?

If it be urged that it was once in the body of [Obj.] our Laws, viz. In Magna Charta; liceat unicuique de caetero exire de Regno nostro, & redire salvo & securè per terram & per aquam, salva fide nostra, nisi in tempore Guerrae per aliquod breve Tempus; 'tis confest.

But here is no expression, that plainly and in [Ans.] terms, gives license of Appeals to Rome: 'Tis indeed said, that it is lawful for any to go out of the Kingdom and to return safe: But mark the Conditions following, Nisi in &c. 'Tis likely, these words were inserted in favour of Appeals, but it may be the Authors were time∣rous to word it in a more plain contradiction to our ancient Liberties.

2. The very form of words as they are, would seem to intimate that the Custom of England was otherwise.

3. Lastly, If it be considered, how soon after, and with what unanimity and courage our ancient Liberty to the contrary, was redeemed and vin∣dicated; and that clause left out of Magna Char∣ta ever since, though revised and confirmed by so many Kings and Parliaments successively, it is only an argument of a sudden and violent tor∣rent

of Papal Power in King John's time, &c. not of any grounded or well settled Authority in the English Laws, as our English Liberties have. I Conclude, with those weighty words of the Statute of Ed. 3. an. 27. c. 1. Having regard to the said Statute made in the time of his said Grandfa∣thers, which Statute holdeth always in force, which was never annulled or defeated in any point: And for as much as he is bound by his Oath to do the same, to be kept as the Law of the Realm, though, that by sufferance and negligence it hath been since attempted to the contrary. Vid. Preamble of the Statute.

Whereupon, it is well observed, that Queen* 1.18 Mary her self denyed Cardinal Pelow to appear as the Popes Legate in England, in her time: And caused all the Sea-ports to be stopped, and all Letters, Briefs, and Bulls to be intercepted and brought to her.

Notes

• * 1.1

  Malms. f. 127. 15.
• * 1.2

  Wigorn. An. 1070.
• * 1.3

  Malms. de Reg. l. 1. f. 16.
• * 1.4

  Knox Hist. Scot. 93.
• * 1.5

  Occasion of Legates.
• * 1.6

  Math. Par. p. 440. 17. An. 1237.
• * 1.7

  Eadm. p. 125. 53. p. 6. 25. p. 113. 1.
• * 1.8

  Eadm. p. 58. 41.
• * 1.9

  Eadm. p. 113. p. 116.
• * 1.10

  Eadm. p. 118. 120.
• * 1.11

  Eadm. p. 137, 46. p. 138. 21.
• * 1.12

  Baron. an. 1059. n. 23.
• * 1.13

  Edw. 4. 16.
• * 1.14

  Matth. par. 1245, 1246.
• * 1.15

  Walsing. p. 161.
• * 1.16

  Bramhall p. 99.
• * 1.17

  Spel. conc. an. 784.
• * 1.18

  Acts & Mon.