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 ...

CHAP. XIX.

The Popes pretended Ecclesiastical Right. Not by General Councils. 8 First. To which Sworn. Justi. Sanction. Can. Apost. allowed by C. Nice and Ephesus.

THough it seem below his Holiness's present grandeur to ground his Right upon the Civil Power, espe∣cially when that fails him; yet me∣thinks the jus Ecclesiasticum, is not at all unbe∣coming his pretences, who is sworn to govern the Church according to the Canons, as they say the Pope is.

If it be pleaded, that the Canons of the Fathers do invest the Pope with plenary Power over all Churches: And if it could be proved too; yet one thing more remains to be proved, to subject the Church of England to that his power, viz. that the Canon Law is binding and of force in England as such, or without our own consent or

allowance: And 'tis impossible this should be proved, while our Kings are Supreme; and the constitution of the Kingdom stands as it hath al∣ways stood.

However, we decline not the examination of the plea, viz. that the Popes Supremacy over the whole Church is granted by the Canons of Councils, viz. general: But when this is said, it is but reasonable to demand which? or in what Ca∣nons?

It is said, the Pope receives his Office with an Oath, to observe the Canons of the eight first general Councils; in which of these is the grant to be found? Sure so great a conveyance should be very legible and Intelligible.

We find it very plain, that in some of those Councils, and those the most ancient; this Power is expresly denyed him, and that upon such rea∣son, as is eternal: and might justly and effectually prevent any such grant or usurpation of such pow∣er for ever; if future Grants were to be just and reasonable, or future Popes were to be go∣verned by Right or Equity; by the Canons of the Fathers, or fidelity to the Church, to God or their own solemn Oaths at their Inaugurations.

But we are prepared for the examination of the Councils in this matter, by a very strong presumption: That seeing Justinian made the Ca∣nons to have the force of Laws, and he had ever shewed himself so careful to maintain the Rights of the Empire in all causes, as well as over all per∣sons, Ecclesiastical; & even Popes themselves; 'tis not credible that he would suffer any thing in those Canons to pass into the body of the Laws, that should be agreeable to the pretended do∣nation

of Constantine; or to the prejudice of the Emperor's said Supremacy; and consequent∣ly, not much in favour of the Supremacy claim∣ed by later Popes.

Justinian's Sanction extended to the four great Councils, Nic. Constant. Ephes. 1. and Calce∣don; in these Words, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. San∣cimus Vicem Legum obtinere Sanctos Ecclesiasticos Canones, qui à Sanctis quatuor Conciliis constituti sunt & confirmati; hoc est Niceno, &c.—prae∣dictorum enim Consiliorum dogmata, sicut divinas Scripturas, accipimus, & Canones sicut Leges ob∣servamus.

Perhaps, it may be doubted, why he did not confirm those Canons which were then well known by the Title of the Canons of the Apo∣stles: whether, because their Authority was suspected, especially many of them; or, because they were not made by a truly General Council; or, because they were Confirmed in and with the Council of Nice and Ephesus, &c. or lastly, whe∣ther, because the first fifty had before, a greater Sanction from the general Reception of the whole Church; or the greater Authority of the Sacred Names of the Authors, the Apostles, or Apo∣stolical men; I venture not to declare my opi∣nion.

But truly, there seems something considera∣ble for the later; for that the Council of Nice do not pretend to confirm the Apostles Canons, but their own, by the Quotation of them; tak∣ing Authority from them, as Laws, founded in the Church before to build their own and all future Canons and Decrees of Councils upon, in such matters as were found there determi∣ned.

A great Instance of the probability of this Conjecture we have, full to our present pur∣pose given us by Binius, Nicena Synodus Can. 6. &c. the Nicene and Ephesine Synods followed these Canons of the Apostles, appointing that every Bishop acknowledge suum primum their Chief and Me∣tropolitane, and do nothing without their own Diocess: but rather, the Bishop of Alexandria; according to the Canons (understand saith Bi∣nius those 35, 36 of the Apostles) must govern the Churches of Egypt; the Bishop of the East, the Eastern Churches: the Ephesine Synod, also saith, it is besides the Canons of the Apostles, that the Bishop of Antioch should ordain in the Provinces of Cyprus, &c.

Hence, it is plain, that according to Apostles Canons, interpreted and allowed as Authentick, so far at least, by the Synods of Nice and Ephe∣sus, the Metropolitan was Primate or Chief o∣yer the Churches within his Provinces; and, that he, as such (exclusive of all Forreign Supe∣rior Power) was to govern and ordain, within his own Provinces; not consonant to, but di∣rectly against the pretended Supremacy of the Bishop of Rome.

But let us consult the Canons to which Bini∣us refers, and the matter is plainer.

SECT. I.

Can. Apostol.

THere is nothing in the Canons of the A∣postles to our purpose, but what we find in Can. 35, 36. or in the Reddition, as Binius gives it, Can. 33 and 34.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. let the Bishops of every Nation know, or they ought to know, who among them is accounted (or is) chief; and esteem him 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 ut caput; and do nothing difficult (aut magni momenti) praeter e∣jus Conscientiam, vel Sententiam: but, what if the matter were too hard for the Primate; is no direction given to go to the Infallible Chair at Rome? here, was indeed a proper place for it, but not a word of that.

In the 36 alias 34. it is added, that a Bishop should not dare to ordain any, beyond the bounds of his own Jurisdiction: but neither of these Canons concern the Pope; unless they signifie, that the Pope is not Head of all Church∣es, and hath not power in any place, but within the Diocess of Rome: or, that Binius was not faithful in leaving out the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Head, in his Note upon these Canons.

SECT. II.

Concil. Nicen. Gen. 1. Bellar. Evasion.

VVE find nothing in the true Canons of the Nicene Synod, that looks our way, except Can. 6. and 7. They are thus; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. Let ancient Custom be kept, through Egypt, Libia and Pentapolis; so, as the Bishop of Alexandria may have power over all these, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because also the like Custom is for the Bishop of the City of Rome: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪ as likewise at Antioch and other Provinces, let the Priviledges be kept in their own Churches: but suppose diffe∣rences arise; is no Liberty or Remedy provi∣ded, by going to Rome? no more, than if diffe∣rences arise in the Roman Church, they may have Remedy from any other; a Remedy is indeed provided by the Canon; Sin duo aut tres, &c. ••f two or three do contradict, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. not go to Rome; but obtineat Senten∣tia plurimorum, let the major Vote carry it.

In the seventh Canon, Custom and Tradition both, are the Grounds upon which the Council confirmed the like priviledge of the Church of Hierusalem; because Custom and Ancient Tra∣dition, ut Aeliae Episcopus honoretur, let him have have the consequence of Honour, with a Salvo, for the proper Dignity of the Metropolis; but not a word of Rome.

Note, that in Can. 6. the Power of the Alex∣andrian Bishop is grounded upon Ancient Cu∣stom (Antiqua consuetudo servetur) and not upon the Concession of the Roman Bishop; as Berlar∣mine

would force it; and that the like manner or Custom of Rome, is but another Example of the same thing, as Antioch was and the rest of the Provinces; but this ungrammatical and illogical Evasion was put off before.

SECT. III.

Concil. Constantinop. Gen. 2. An. 381.

THe next Council, admired by Justinian, as one of the Gospels, is that Famous Council of Constantinople adorned with 150 Fathers. Hath this made any better provision for the Pope's Supremacy? certainly no: for the very first Canon, chargeth us not to despise the Faith of the 318 Fathers in the Synod of Nice; which ought to be held firm and Inviolate.

The Second Canon forbids the confusion of Diocesses; and therefore injoyns (Secundum Re∣gulas constitutas, i. e.) the Rules of the Apostles, and Nicene Fathers to be kept: the Bishop of Alexandria must govern them in Egypt only; and so the rest, as are there mentioned more particularly, than in Nicene Canons.

In the Third, is reinforced the Canon of the former Council against Ordinations by Bishops out of their own Jurisdictions; and adds this Reason, that casts no countenance upon any For∣reign Jurisdiction; 'tis manifest that the proper Provincial Synod ought to administer and govern all things, per quasque singulas Provincias, within their peculiar Provinces; secundum ea quae sunt in Nicaea definita.

This third Canon honours the Bishop of Con∣stantinople, next after the Bishop of Rome; as Binius renders 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. But Binius is very angry that such a Canon is found there, and urgeth many reasons against it; and there∣fore we shall conclude, that as none of the rest, so neither doth this Canon, confer the universal government of the Church upon the Bishop of Rome.

SECT. IV.

Concil. Ephesin. Gen. 3. An. Christi 431.

THe third general Council, whose Canons Ju∣stinian passed into Laws, is that of Ephesus, and this so far abhors from the grant, that it is a plain and zealous contradicter of the Popes pretensions.

In Act the seventh, 'tis agreed against the invasion of the Bishop of Antioch, that the Cy∣prian Prelates shall hold their Rights untouched and unviolated, according to the Canons of the holy Fathers (before mentioned) and the anci∣ent custom, ordaining their own Bishops; and let the same be observed in other Diocesses, and in all Provinces, that no Bishop occupy another Pro∣vince, (or subject it by force) which formerly and from the beginning, was not under his power or his Predecessors: Or if he have done so let him restore it, that the Canons of the Fathers be not slighted, nor Pride creep into the Church—nor Chri∣stian

Liberty be lost. Therefore it hath pleased the holy Synod, that every Province enjoy its Rights and Customs unviolated, which it had from the beginning, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, twice repeated, whereby we are to learn a very great Rule; that the bounds of primacies were settled very early, before this Council or any other general Council, before this even at the beginning: and that those bounds ought to be observed to the end, according to the Canons of the Fathers and ancient custom: and consequently, that such as are invaders of others Rights, are bound to make restitution. Now 'tis evident, we were a free Province in Eng∣land in the beginning, and when St. Augustine came from Rome to invade our Liberties; 'tis evident this Council gave the Pope no power or priviledge to invade us: Yea, that what power the Pope got over us in after times, was a manifest viola∣tion of the Rights we had from the beginning; as also of the Canons of the ancient Fathers, in the three mentioned sacred and General Councils of Nice, Constantinople, and Ephesus; all grounded upon the ancienter Canons called the Apostles.

Lastly, such Usurpers were always under the obligation of the Canon to restore and quit their incroachments; and consequently the Brittanick Churches were always free to vindicate and re∣assume their Rights and Liberties, as they wor∣thily did in Hen. 8.

SECT. V.

Concil. Calcedon, Gen. 4. An, 451. S. W's Gloss.

THere is little hope that this Council should afford the Pope any advantage, seeing it begins (Canones &c.) with the confirmation of all the Canons made by the Fathers in every Synod before that time; and consequently of those that we have found in prejudice to his pretensi∣ons among the rest.

The Ninth Canon enjoyns upon differences betwixt Clerks, that the Cause be heard before the proper Bishop; betwixt a Bishop and a Clerk, before the Provincial Synod; betwixt a Bishop or Clerk and the Metropolitan, before 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the See of the Royal City of Con∣stantinople. To the same effect we read Can. 17. Si quis a suo, &c. If any one be injured by his Bishop or Metropolitan, apud Exarchum seu Pri∣matem Dioceseos, vel Constantinopolitam sedem li∣tiget. But

Where is any provision made for Remedy at Rome? Indeed that could not consist with the sence of this Synod, who would not endure the Supremacy, or so much as the Superiority of Rome above Constantinople.

This is evident in Can. 28 the Fathers gave priviledge to the See of old Rome; Quod Ʋrbs illa imperaret, & eadem consideratione, saith the Canon, and for the same reason an hundred and fifty Bishops gave 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, equal Priviledges to the Seat of new Rome; recte judicantes, right∣ly

judging that that City that hath the Empire and the Senate, should enjoy equal Priviledges with old Royal Rome, etiam in rebus Ecclesiasticis non secus ac illa extolli ac magnifieri, secundam post illam existentem.

Now to what purpose doth S. W. (to Dr. Hammond) trifle on the Canon, and tell us that these Priviledges were only Honorary Pomps; when the Canon adds in Ecclesiastical matters, and names one, the Ordination of Bishops and Me∣tropolitans within themselves; as before was decla∣red by the divine Canons. We conclude that this Bar against the Popes universal Pastorship, will never be removed.

These are the four first general Councils, ho∣noured by Justinian as the four Gospels; to which he gave the Title and force of Laws. By which all Popes are bound (by solemn Oath) to Rule the Church: Yet we find not one word in any of them, for the Popes pretended universal Pastor∣ship: Yea in every one of them we have found so much and so directly against it; that as they give him no power to govern the whole Church; so by swearing to observe them in such govern∣ment as the Canons deny him; he swears to a con∣tradiction as well as to the ruine of his own preten∣sions.

We conclude from the premises, that now, [Argument.] seeing all future Councils seem to build upon the Nicene Canons; as that, upon the Apostles; if the Canons of Nice do indeed limit the power of the Bishop of Rome, or suppose it to have limits; if his cause be tried by the Councils, it must needs he desperate.

Now if those Canons suppose bounds to be∣long to every Patriarchate, they suppose the like to Rome: But 'tis plain, that the bounds are given by those Canons to the Bishop of Alexan∣dria; and the reason is, because this is also cu∣stomary to the Bishop of Rome. Now 'tis not reasonable to say, Alexandria must have limits because Rome hath, if Rome have no limits.

Pope Nicolas himself so understood it, what∣ever S. W. did: Nicena, &c. the Nicene Synod, saith he, conferred no increase on Rome, but ra∣ther took from Rome an example, particularly, what to give to the Church of Alexandria.

Whence Dr. Hammond strongly concludes, that if at the making of the Nicene Canons Rome had bounds; it must needs follow by the Ephesine Canon, that those bounds must be at all times observed in contradiction to the universal Pastor∣ship of that See.

The matter is ended, if we compare the o∣ther Latin Version of the Nicene Canon, with the Canon as before noted.

Antiqui moris est ut Ʋrbis Romae Episcopus habeat principatum, ut suburbicana loca, & omnem provin∣ciam suâ sollicitudine gubernet; q••e vero apud Ae∣gyptum sunt, Alexandrinae Episcopus omnem habeat sollicitudinem: Similiter autem & circa Antiochiam & in caeteris Provinciis privilegia propria serventur Metropolitanis Ecclesiis.

Whence it is evident, that the Bishop of Rome then had a distinct Patriarchate as the rest had; and that whatever Primacy might be al∣lowed him beyond his Province, it could not have any real power over the other Provinces of Alexandria, &c. And 'tis against the plain sence

of the Rule, that the Antiquus mos should signifie the custom of the Bishop of Rome's permission of Government to the other Patriarchs, as Bellar∣mine feigneth. This Edition we have in Chri∣stopher Justellus's Library; rhe Canon is in Voel. Biblioth. Jur. Cano. Tom. 1. p. 284.

SECT. VI.

Concil. Constant. 2. The Fifth Gene∣ral Conc. of 165 Bishops. An. 553.

BAronius and Binius both affirm, that this was a general Council; and so approved by all Popes, Predecessors and Successors of St. Gre∣gory, and St. Gregory himself.

The cause was; Pope Agapetus had condemn∣ed Anthinius; the matter was afterwards venti∣lated in the Council: Now where was the Popes Supremacy? we shall see immediately.

After Agapetus, succeeded Vigilius: When the Council condemned the Tria Capitula, Pope Vigilius would defend them; but how did he carry it in Faith or Fact? Did the Council submit to his Judgment or Authority? No such thing: But quite contrary, the Council condemned the tria capitula and ended: The Pope for not con∣senting, but opposing the Council, is banished by the Emperor Justinian. Then Vigilius submits, and confirms the Sentence of the Council; and so is released from Banishment. This is enough, out of both Baronius and Binius.

The Sum is, we condemn (say they as is ex∣pressed in the very Text) all that have defended the Tria Capitula; but Vigilius, say the Histo∣rians, defended the Tria Capitula; therefore was Vigilius the Pope condemned by this Council: such Authority they gave him.

SECT. VII.

Concil. Constant. of 289 Bishops. 6 Ge∣neral. An. 681 vel 685. Concil. Nic. 7 General. of 350 Bishops. An. 781.

BEllarmine acknowledgeth these to be sixth and seventh general Councils; and both these he acknowledgeth did condemn Pope Honorius for an Heretick. lib. 4. de Pont. C. 11.

For Bellarmine to urge that these Councils were deceived in their Judgment touching his opinion, is not to the point; we are not disputing now, whether a Pope may be a Heretick in a private or publick Capacity, in which the Councils now condemned him; though he seems to be a bold man, to prefer his own bare conjecture a thousand years after about a matter of Fact, before the judgment of two general Councils, consisting of 659 Bishops; when the cause was fresh, Witnesses living, and all circumstances visibly before their eyes: But our question is whether these Councils did either give to the Pope as such, or acknowledg∣ed in him an uncontroulable Authority over the whole Church? The Answer is short, they took

that power to themselves; and condemned the Pope for Heresie as they also did Sergins of Con∣stantinople.

SECT. VIII.

Concil. Gen. 8. Constant. 383 Bishops. An. 870. Conclusions from them all.

HOw did this eighth general Council recog∣nize the Popes Supremacy? Binius himself tells us; this Council condemned a custom of the Sabbath-Fast in Lent; and the practice of it in the Church of Rome; and the word is, We will that the Canon be observed in the Church of Rome, inconfuse vires habet.

'Tis boldly determined against the Mother Church; Rome concerned, reproved, commanded? Where is the Authority of the Bishop of Rome?

Rome would be even with this Council, and therefore, saith Surius, she receives not this 55 Canon. (Tom. 2. in conc. Const. 6. p. 1048. ad Can. 65 in Not. Bin.

But why must this Canon only be rejected? Oh! 'tis not to be endured, that's all the reason we can have. But was not this a general Coun∣cil? Is it not one of the eight sworn to by every Pope? Is not this Canon of the same Authority (as of the Council) with all the rest? Or is it to∣lerable to say, 'tis not Authentick because the Pope doth not receive it; and he doth not re∣ceive it because it is against himself? Quia Ma∣trem Ecclesiarum omnium Rom. Ecclesiam repre∣hendit,

non recipitur. saith Surius, ibid.

These are the eight first general Councils, al∣lowed by the Roman Church at this day: What little exceptions they would defend their Supre∣macy with, against all that hath appeared; are answered in the Post script at the latter end of the book, whither I refer my Readers for fuller sa∣tisfaction.

In the mean time we cannot but conclude, 1. That the Fathers during eight hundred and se∣venty years after Christ, knew no such thing as the Popes Supremacy by divine Right or any right at all, seeing they opposed it.

2. That they did not believe the Infallibility of the Church of Rome.

3. That they had no Tradition of either that Supremacy or Infallibility.

4. That 'tis vain to plead Antiquity in the Fathers or Councils or Primitive Church for either.

5. That the Judgment of those 8 general Coun∣cils was at least the Judgment and Faith, not on∣ly during their own times, but till the contrary should be decreed by a following Council of as great Authority; and how long that was after, I leave to themselves to answer.

6. That the Canons of those 8 first general Councils, being the sence both of the ancient and the professed Faith of the present Church of Rome; the Popes Authority stands condemned by the Catholick Church at this day; by the ancient Church and the present Church of Rome her self, as she holds Communion, at least in profession, with the Ancient.

7. That this was the Faith of the Catholick

Church, in opposition to the pretended Suprema∣cy of the Pope, long after the eight first General Councils, is evident, by the plain Sence of it, in the said Point, declared by several Councils in the Ages following; as appears both in the Greek and Latin Church: a word of both.

SECT. IX.

The Latin Church. Constance. Basil. Councils, &c.

THe Council of Constance in Germany, long after; of almost a thousand Fathers, An. 1415, Say, they were inspired by the Holy Ghost; and a General Council, representing the whole Church, and having immediate power from Christ; whereunto, obedience is due from all Persons, both for Faith and Reformation, whether in the Head or Members: this was expresly confirmed by Pope Martin, to be held inviolable in Matters of Faith, vid. Surium. Concil. Const 99. 4. Tom. 3. Conc. Their great Reason was, the Pope is not Head of the Church by Divine Ordinance; as the Council of Calcedon said, a thousand years be∣fore.

Now, where was necessary Union and Sub∣jection to the Pope? where was his Supremacy Jure divino? where was Tradition, Infallibility, or the Faith of the present Church, for the Pope's Authority? Concil. Basil. Bin. To. 4. in Conc. Ba∣sil. initio.

The Council of Basil. An. 1431. decreed,

as the Council of Constance; Pope Eugenius, would dissolve them; the Council commands the contrary, and suspend the Pope: concluding, that who ever shall question their power there∣in, is an Heretick: the Pope pronounceth them Schismaticks; in the end, the Pope did yield, and not dissolve the Council: this was the Judg∣ment of the Latine Church above 1400 years after Christ; and indeed to this day, of the true Church of France; and in Henry the Eighth's time of England; as Gardner said; the Pope is not a Head by Dominion, but Order: his Authority, is none, with us; we ought not to have to doe with Rome; the Common Sence of all in England.

Bellarmine saith, that the Pope's Subjection to General Councils is inconsistent with the Supreme Pastorship: 'tis Repugnant to the Primacy of Saint Peter, saith Gregory de Valentiâ: yet nothing is more evident, than that General Councils did exercise Authority over Popes; deposing them; and disposing of their Sees, as the Council of Constance did, three together; and always made Canons in opposition to their Pretensions.

Yea, 'tis certain, that a very great Number, if not the greater, of the Roman Church it self, were ever of this Faith; that General Councils are Superior; have Authority over; give Laws unto; and may justly censure the Bishop of Rome.

Pope Adrian the Sixth, and very many other Learned Romanists, declared this to be their Judgment, just before, or near upon the time, that Henry the Eighth was declared Supreme in England: So much for the Latine Church.

SECT. X.

The Greek Church. African Can. Synod. Carth. Cancil. Antiochen. The Faith of the Greek Church since.

THat the Greek Church understood the first General Councils, directly contrary to the Pope's Supremacy, is written with a Sun-beam; in several other Councils.

1. By the Canons of the African Church.

The 27th Canon forbids all Transmarine Ap∣peals; threatens such as make them with Ex∣communication; makes order that the last Ap∣peal [ 125] be to the proper Primate, or a General Coun∣cil; to the same effect, is the 137 Canon; and the Notes of Voel, upon these Canons, put it beyond question, that in the Transmarine Ap∣peals, they meant those to Rome; as it is ex∣pressed, the Church of Rome, and the Priests of the Roman Church.

2. Const. Concil. Antiochen.

This Council is more plain: it saith, if any Bishop, in any Crime, be judged by all the Bishops in the Province, he shall be judged in no wise by any Other: the Sentence given by the Provincial Bishops, shall remain firm. Thus the Pope is ex∣cluded, even in the case of Bishops, out of his own Province; contrary to the great pre∣tence of Bellarmine, ibid.

3. Syn. Carthag.

This Synod confirmed the twenty Canons of Nice; and the Canons of the African Councils: and then, in particular, they decreed, ab Ʋni∣versis—Si Criminosus est non admittatur: again, if any one, whether Bishop or Presbiter, that is driven from the Church, be received into Communion (by another) even he that receives him is held guilty of the like Crime: Refugi∣entes [ 9] sui Episcopi regulare Judicium.

Again, if a Bishop be guilty, when there is [ 12] no Synod, let him be judged by twelve Bishops; Secundum Statuta Veterum Conciliorum, the Sta∣tutes [ 20] of the Ancients knew no reserve for the Pope in that Case.

Further; no Clergy-man might go beyond the Seas, viz. to Rome, without the Advice of his Metropolitan; and taking his Formatam, vel [ 23] Commendationem.

The 28 Canon is positive, that Priests and [ 28] Deacons shall not Appeal, ad Transmarina Judi∣cia, viz. to Rome; but to the Primates of their own Provinces: and they add, Sicut & de E∣piscopis saepê constitutum est: and if any shall do so, none in Africa shall receive them; and Can. [ 225] 125. 'tis renewed; adding, the African Coun∣cils, to which Appeals are allowed, as well as to the Primates; but still Rome is Barr'd.

The Sence of the Greek Church, since.

Now when did that Church subject it self to Rome in any Case? our Adversaries acknow∣ledge

the early contests betwixt the Eastern and Western Churches, in the point of Supremacy; where, then, is the Consent of Fathers; or Ʋ∣niversality of time and place, they use to boast of?

Bellarmine confesseth, that An. 381. to the time of the Council of Florence, viz. 1140 years, the Greek Church disclaimed subjection to the Pope, and Church of Rome; and he confes∣seth, they did so, in several general Councils.

And he doth but pretend, that this Church submitted it self to Rome, in the Council of Florence, An. 1549. for the contrary is evi∣dent, in that they would not yield, that the Pope should choose them a Patriarch; as Surius himself observes, Tom. 4. p. 489.

So true is it, that Maldonate and Prateolus acknowledge and Record; the Greek Church al∣ways disliked the Supreme Dignity of the Pope; and would never obey his Decrees.

To conclude, the Law of the Greeks hath always been against the Pope's Supremacy; the Fundamental Law was, a prohibition of Appeals to Rome: therefore, that Church acknowledg∣ed no absolute Subjection to Rome. 2. They excommunicate all African Priests Appealing to Rome; therefore, they held no necessity of Ʋni∣on with Rome. 3. They excommunicate all such (qui putaverint) as should but think it law∣ful to Appeal to Rome; therefore, they had no Faith of the necessity of either Ʋnion or Sub∣jection to the Church of Rome.

Enough, to the Pope's prejudice, from the Councils of all sorts: we must, in the foot of the account, mind our Adversaries, that we

have found no colour for the pretence of a Grant, from any one General Council, of the Pope's Authority; much less over the Church of England: which, their Plea from the Canons, expresly requires at their hand.

For, my Lord Bramhall, with invincible Rea∣son, affirms: We were once a free Patriarchate, Independent on any other: and, according to the Council of Ephesus, every Province should enjoy its Ancient Rights, pure and inviolate: and that, no Bishop should occupy any Province, which did not belong to him, from the beginning; and, if no true General Council, hath ever since, Sub∣jected Brittain, under the Roman Court; then, saith he, the case is clear, that Rome can pretend no Right over Brittain, without their own consent; nor, any further; nor, for any longer time; then, they are pleased to oblige themselves.

We must expect, therefore, some better Evidence, of such Grant to the Pope; and such Obligation upon England, by the Canons of some truly General Council; and we may still expect it; notwithstanding the Canons of Sardice: which, yet shall be considered; for it is their (faint) colour of Antiquity.

SECT. XI.

The Sardican Canons. NO Grant from the Matter, manner or Authority. No Ap∣pendix to Council of Nice. Zozimus his Forgery never Ratified; nor thought Universal; after contradicted, by Coun∣cils.

THe Pope at length usurped the Title, and pretended the Power of Supreme; and the Canons, in time obtained the Name of the Pope's Decrees; but the question is, what Gene∣ral Council gave him either?

Doctor Stillingfleet observes, that nothing is more apparent, than, that when Popes began to pirk up, they pleaded nothing but some Canons of the Church for what they did; then their best and only Plea, when nothing of Divine Right was heard of; as Julius, to the oriental Bishops; Zozimus to the African; and so o∣thers: but still what Canons?

The Romanist, against Arch-Bishop Laud, ar∣gues [Arg.] thus: it was ever held lawful to Appeal to Rome from all Parts; therefore the Pope must be Supreme Judge: this, saith he, is evidenced by the Sardican Canons; accounted anciently, an Appen∣dix to the Council of Nice; this he calls an unan∣swerable Argument.

But it is more than answered; if we consi∣der, [Answ.] either, the Matter, or the Manner, or the Authority of these Canons.

1. The Matter, said to be granted, appears in the words themselves, Can. 3. it is said, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. if it seem good to you, let us honour the Me∣mory of Saint Peter, and by those Bishops that are Judges, Scribatur Julio, Romanorum Episcopo; and by the next Bishops of the Province, if need be, let the Judgment be revoked; & cognitores ipse praebeat.

But 1. here is no Grant, so much as of Ap∣peal, only of a Review. 2 'Tis not pretended to be according to any former Canons. 3. The Judgment is to be revoked by a Council of Bi∣shops chosen for the purpose. 4. The request seems to terminate in the Person of Julius, and not to extend to his Successors; for else, why should it be said to Julius Bishop of Rome, and not to the Bishop of Rome absolutely?

2. The Manner of the Motion spoils all: if it please you; did the Ʋniversal Pastorship then lie at the feet, or depend upon the pleasure of this Council? did no Canons evidence the Pope's Power, and Right till then? eleven years after the death of Constantine? besides, how unworthily was is said, let us honour the Memory of Saint Peter; did the Pope's Succession of Saint Peter depend upon their pleasure too?

3. But lastly, the main exception, is against the Authority of this Council; or, at least, of this Canon; as Cusanus questions, Concord. Ca∣thol. lib. 2. c. 15.

1. 'Tis certain, they are no Appendix to the Council of Nice; wherein their strength is pre∣tended to consist; though, Zozimus fraudu∣lently sent them, under that Name to the African Bishops; which can never be excused; for they

are now know to have been made twenty two years, after that Council.

Upon that pretence of Zozimus indeed, a Temporary Order was made in the Council of Africk; that Appeals might be made to the Pope, till the true Canons of Nice were produced; which afterwards being done, the Argument was spoiled; and that Pope, if possible, was put to shame: hereupon, that excellent Epistle was written to Pope Caelestine, of which you had account before.

2. This Council was never ratified by the Re∣ception of the Catholick Church; for the Ca∣nons of it were not known by the African Bi∣shops, when Zozimus sent them, and Saint Au∣gustine discredits them; saying, they were made by a Synod of Arrians.

3. It is evident, that this Council was never accounted truly Ʋniversal; though Constance and Constantius intended it should be so: for, but seventy of Eastern Bishops appeared, to three hundred of the Western; and those Eastern Bi∣shops, soon withdrew from the other, and de∣creed things directly contrary to them: So that Balsomon and Zonarus, as well as the Elder Greeks, say, it can only bind the Western Church∣es: and indeed, it was a long time before the Canons of it were received in the Western Church; which is the supposed reason, why Zozimus sent them, as the Nicen, and not as the Sardican Canons.

4. After the Eastern Bishops were departed, there were not Patriarchs enough, to make a General Council; according to Bellermine's own Rule. Consequently, Venerable Bede

leaves it out of the Number: the Eastern Church∣es do not reckon it among their Seven, nor the Western among their Eight first General Councils. The English Church, in their Synod at He difield, An. 680. left it out of their Number, and em∣brace only the Council of Nice, the first of Con∣stantinople, the first of Ephesus, the first and se∣cond of Calcedon to this day.

Therefore Arch-Bishop Bramhall, had reason to say, that this Council was never incorporated in∣to the English Laws, and consequently, hath no force in England: especially, being urged in a matter contrary to the Famous Memorial of Clarendon; a Fundamental Law of this Land: all Appeals in England must proceed regularly, from the Bishop to the Arch-Bishop, and from him to the King to give order for Redress.

But to wipe away all colour of Argument; what ever Authority these Canons may be thought to have in other matters, 'tis certain they have none in this matter of Appeals; for, as to this Point the undoubted General Councils, afterward decreed quite otherwise; reducing and limiting Appeals ultimately to the Primate of the Province, or a Council; as hath been made to appear.

When, I heare any thing of moment urged, from any other Council, as a Grant of the pre∣tended Supremacy to the Pope, I shall consider what may be answered; till then, I think there is an end of his Claim, Jure humano; either, by a Civil or Canonical Grant; by Emperors or Ge∣neral Councils. So much hath been said against, and so little to purpose, for the Council of Trent, that I shall excuse my self and my

Reader from any trouble about it.

But I must conclude that the Canons of the Council of Trent were never acknowledged or re∣ceived by the Kingdom of England as the Council of Basil was, which confirmed the Acts of the Council of Constance; which Council of Constance without the presence or concurrence of the Pope, did decree themselves to be a lawful complete general Council Superior to the Pope; and that he was subject to their censures; and deposed three Popes at a time. The words of the Council are remarkable, The Pope is subject to a general Coun∣cil, as well in matters of Faith as of manners; so as he may not only be corrected, but if he be incorri∣gible, be deposed.

To say, this Decree was not conciliarly made; and consequently not confirmed by Pope Martin the fifth signifies nothing; if that Martin were Pope; because his Title to the Papacy depended merely upon the Authority of that Decree. But indeed, the word Conciliariter was spoken by the Pope upon a particular occasion, after the Coun∣cil was ended and the Fathers were dismissed; as appears in the History.

Notes

• Justin. Sanction of four first.
• Apostles▪ Canons not menti∣on. reason.
• Vid. Bin. To. 1. p. 17. a.
• Ibid.
• Bin. To. 1. p. 20.
• Can. Ap. allowed by C. Nice and Ephe∣sus.
• 35, 33.
• Can. 6.
• Can. 7.
• Can. 1. Bin. p. 660. Alter. Edi∣tio. Bin. p. 664. Can. 2.
• Can. 3.
• Bin. To. 1. 672.
• Can. 9.
• Can. 17.
• Can. 28.
• S. W.'s Gloss.
• Minor.
• I. E. Pis. 8.
• Bar. an. 553. nu. 224. Bin. To. 2. Not. in con. Const. 5.
• Ibid. N▪ 223.
• Tom. 3. p. 149.
• Conclus. 7 Infer.
• De Conc. li. 2. c. 14.
• Anal. fid. l. 8. c. 14.
• Vid. Dr. Hammond's dispute. p. 102.
• Can. 27.
• Tom. 1. p. 425.
• Can. 4.
• 8.
• Mald. in Math. 10. 2. Prate. in Haer. Tit. Grae. Vid. St. Aug. To. 2. Epist. 162.
• p. 193.
• 1. For the matter of these Ca∣nons.
• Manner.
• Authori∣ty.
• No Ap∣pendix to Nice Can.
• Zozimus's Forgery.
• Not re∣ceived.
• Or thought Universal▪
• De Conc. L. ••. c. 17.
• Epist. Sy∣nod▪ Conc. Basil.