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A91309 Truth triumphing over falshood, antiquity over novelty. Or, The first part of a just and seasonable vindication of the undoubted ecclesiasticall iurisdiction, right, legislative, coercive power of Christian emperors, kings, magistrates, parliaments, in all matters of religion, church-government, discipline, ceremonies, manners: summoning of, presiding, moderating in councells, synods; and ratifying their canons, determinations, decrees: as likewise of lay-mens right both to sit and vote in councells; ... In refutation of Mr. Iohn Goodwins Innocencies Triumph: my deare brother Burtons Vindication of churches, commonly called Independent: and of all anti-monarchicall, anti-Parliamentall, anti-synodicall, and anarchicall paradoxes of papists, prelates, Anabaptists, Arminians, Socinians, Brownists, or Independents: whose old and new objections to the contrary, are here fully answered. / By William Prynne, of Lincolnes Inne, Esquire. Prynne, William, 1600-1669. 1645 (1645) Wing P4115; Thomason E259_1; ESTC R212479 202,789 171

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confession was againe ratified Anno 1567. in the first Parliament of James the 6. After which there was an Act made against the Masse and the sayers and heares thereof and another Act for the abolishing of the Pope and his usurped Authority in Scotland After this a forme of Church Government and discipline was presented to the Nobility to peruse but not then fully agreed on and setled The like Petitions and proceedings in ecclesiasticall affaires I finde in the yeares 1561. 1562. 1563. to 1580. 1581 1582. and that the Generall Assemblies of Scotland in nature of a Councell or Synod wherein they debated matters of Religion and Church-government consisted not only of Ministers but of Nobles Gentlemen with other Laikes and that their resolutions and Acts were not thought obligatory unlesse ratified by special Acts of Parliament by which they still petitioned they might be confirmed Not to trouble the Reader over long I finde these ensuing ecclesiasticall Acts of Parliament in Scotland against provisions from Rome Iam. 3. parl 6. c. 43. Iam. 4. parl 1. c. 4. parl 5. c. 53. Iam. 5. paul 〈◊〉 c. 119. Against Working Gaming playing haunting of Taverines A●ch●uses and using any sorvile worke on the SABOTH-DAY Iam. 4. parl 6. c. 83. Iam 6. parl 6 c. 70● parl ●4 c. 148 against Apostacy Idolatry Masse the Pope Semeniary Priests Iesuites uncommunicants Popery as Iam. 8. parl 1. c. ● 3 5. parl 3. c. 1. 45 46. 55. parl 4. c. 7 8. 35 parl● 7. c. 106. parl 10. c. 24 27. parl 12. c. 1 20. parl 13. c. 60. parl 14. c. 193. parl 16. c. 17 18. parl 19. c. 1. Against Adultery Mat parl 5 c. 10. parl 9. c. 74. Iam. 6. parl 2. c. 14. parl 7. c. 105 with sundry others which you may finde mentioned and recired in the 5 and 6 Acts of the second Parliament of King Charles at the Sessions holden at Edinburgh the eleventh day of Iune 1640 Regiam Majestat●● to which for brevity 〈◊〉 referre the Reader I shall conclude with the Ecclesiasticall Acts made in the severall Sessions of the second Parliament of King Charles held at Edinburgh in the yeare 1640 and 1642 where in the presens government of the Church of Scotland together with their profession of Faith nationall Covenant and all Ecclesiasticall matters whatsoever were fully settled and ratified In the first Session of this Parliament I finde these ensuing Ecclesiasticall 〈◊〉 enacted Act. 4. 〈◊〉 the Ratification of the ACTS OF THE ASSEMBLY which are recited in and ratified approved perpetually confirmed by this law Act. 5. Anent the Ratification of the Covenant and of the Assemblies Supplication Act of Councels and Act of Assymbly concerning the Covinant and confession of Faith formerly made and subscribed sundry times here in recited and confirmed In which Act sundry lawes formerly made against Popish Idolatry superstitious Doctrine Papists Seminary priests Iesuits Papisticall Ceremonies Masse the Popes iurisdiction the reformation of the Church and maintenace of Gods true religion are recapitulated confirmed Acts 6. Rescissory repealing divers former Acts concerning Archbishops Bishops with other Prelates their unjust jurisdiction and authority Acts 7. For planting of Kirks unprovided with Ministers through the Patrons default Acts 8. Anent admission of Ministers to Kirkes which belong to Bishopricks Acts 9. discharging the going of Salt-pans and Milnes upon the Sabbath day Acts 10. discharging Salmon fishing upon the Sabbath day Acts 11. Against Papists Acts 12. discharging the Zule vacancy or Christmas Act 13. discharging Monday market in Edinburgh and elsewhere as occasioning great prophanation of the Sunday and distracting men from Gods publike worship and Service Acts 14. For taking order with the abuse committed on the Sabbath day c. Acts 15. Directing Letters of horning against excommunicated persons to which I might adde Acts 16. 29 30. 32. 37 38 having relation to the Church and defence of Religion And Session second of this Parliament 1641. Acts 8. 9 10 11 for abolishing the Monuments of Idolatry 12. Anent Non-communicants and excommunicate persons all printed besides sundry other Acts unprinted are an abundant Evidence both of the Scottish English Parliaments undoubted right jurisdiction and authority in all matter of Religion Discipline and Church-government maugre all inconsiderable late privateopinions to the contrary by whomsoever broached Section 4. Containing certain Corollaries from the premised Sections against the Inpugners of Parliaments and Princes Legislative Power and Authority in matters of Church-government Discipline Religion Together with a compleat Answer to Master Iohn Goodwins pretended Authorities my deare Brother Burtons and others Arguments to the contrary in Iustificaetion of their Independent way in some late Publications the substance whereof is here clearely refuted and this point among others cleared That just humane Civill or Ecclesiasticall Lawes binde the conscience in point of obedience And that there is no exact set forme of Church government universally prescribed in Scripture to all Churches IN the precedent Sections I have according to my solemne Covenant and Protestation abundantly cleared the ancient unquestionable Iurisdiction and Legislative Authority of our Kings and Parliaments in all matters of Religion Church-government Discipline by multitudes of expresse Presidents in all Ages and Authorities of all kindes I shall in the next place Dissipate all those empty clouds of objections which endeavour to obscure this clear-shining Verity by deducing some Corollaries from the premises and then refuting the principle late objections against the same The first Corollary is this That Bishop Laudes desperate Positions in his Anti-Parliamentary paper of Hopes and Feares about calling a Parliament An. 1627. That Church-businesse is not fit for Parliaments That the Parliament House one or both can be no competent Iudge in any point of Doctrine That the Papists insult over us by this meanes and call it Parliamentary Religion That the King suffers by this as much or more than the Church For in the Statute of submission of the Clergie the King and the Convocation are Judges of all Ecclesiasticall Causes An. 25 H. 8. c. 19. And why should the Parliament take this from either That he should have little hope of good successe in Parliament till they leave medling with the Church Are all dangerous false Positions exceeding derogatory and destructive to the indubitable ancient Rights priviledges and power of our Parliaments constantly exercised and enjoyed without dispute even in the darkest times of Popery and highest Ruffe of Pope of Prelates and ever since the Reformation admitted without any opposition but by Popish Priests and Iesuits as the forequoted passages of Bishop Jewell and Bishop Bilson withall the premises manifest Secondly That Master John Goodwins late printed passages against the Ecclesiastical jurisdiction of Parliaments seconded in substance by some other Independents viz. That the generality and promiscuous multitude of the world who have a right of nominating persons to Parliamentary trust and power are but a SECVLAR ROOT
Articles of Religion and enjoyning subscription thereunto under penalties losse of Benefices and other Ecclesiasticall penalties Limiting likewise the age of such who are to be made Ministers ch 17. Concerning the Leases of Benefices and Ecclesiasticall livings with Cure 18. Eliz. c. 6. Concerning the taking away of Clergy c. 23 Eliz. c. 1. To retain the Queens Majesties subjects in their due obedience made against Jesuits Semenary Priests and others receiving Orders from Rome and the harbourers of them under capitall penalties 27. Eliz. c. 2. Against Jesuits Seminary Priests and such other disobedient persons 29. Eliz. c. 6. Concerning Recusants 31. Eliz. c. 1. Against Symony 35 Eliz. c. 1. Against Seperatists and Schismaticks refusing conformity to our Church Service and Liturgie who are lyable to imprisonment fines and other penalties for it by the Law ch 2. For restraining Popish Recusants to some certaine plate of abode 29 Eliz. c. 8. For confirmation of the Deprivation of divers Bishops and Deanes in the beginning of the Queens Raigne ch 22. Concerning the Bishop of Norwich are plentifull evidences of what I plead for In King James his Raigne I finde many Acts of Parliament asserting the Kings and Parliaments Ecclesiasticall jurisdictions as 1 Jacobi c. 1● Concerning the Kings Title to the Crowne ch 2. Concerning Archbishopricks and Bishopricks ch 5. For the due execution of the Statutes against Jesuites Seminary Priests Recusants ch 12. Against second marriages till former wives or husbands bee dead ch 31. For building a new Church in Melcombe Regis to be the Parish Church of Radepoll and for making the Church of Radepoll a Chappell to it 3 Jacobi c. 3. for a publick thanksgiving to Almighty God every yeare on the fift day of November for the deliverance from the hellish Gunpowder treason ch 4. For the better discovering and suppressing of Popish Recusants which prescribes a new oath of Allegiance ch 5. To prevent and avoyd danger which may grow by Popish Recusants which likewise prohibits the Importations of any Popish Books Agnus Dei Crucifixes c. ch 20. To restraine abuses of Players 21. Jacobi ch 17. Against Usury ch 20. To prevent and reforme prophane swearing and cursing The Statutes in King Charles his Raigne are punctuall evidences of the Soveraign Ecclesiasticall jurisdiction of our Kings Parliaments in all which we find not onely severall Committees appointed concerning Religion frequent in all Queene Elizabeths and King James their Parliaments but also sundry Statutes concerning Religion and Church-matters as namely 1 Carols c. 1. For punishing divers abuses committed on the Lords day 3 Caroli c. 1. For further reformation of divers abuses on the Lords day ch 2. To restraine the passing or sending of any to be Popishly bred beyond the Seas But the severall Acts Ordinances and Proceedings of this present Parliament concerning all matters of Religion Church government and Ecclesiasticall affaires are presidents beyond all exception The Acts already passed For suppressing the High-Commission disabling any Clergy-man to meddle with any temporall offices or to be Justices of Peace The taking away of Bishops Votes and their sitting in the House of Peers The severall Acts Votes Ordinances which have passed both House for abolishing all new Canons Plaralities Non-residence punishing of scandalous Ministers Sanctifying the Lords day Keeping of Monethly and other Fasts Celebrating speciall dayes of thanksgiving for sundry Discoveries Victories Prohibiting the printing of erroneous books Suppressing Antinomians Socinians Anabaptists and other Sectaries Abolishing all Innovations Superstitions Idolatreus pictures Images Altars Copes Tapers Royals c. Payment of Tythes Probate of Wills Ordination of Ministers and above all their nominating and convening an Assembly of conscientious pious reverend learned orthodox Divines to assist them in reforming all errors and corruptions in Doctrine Worship Government Discipline and establishing such a pure Worship and Church-government in our Realme as shal be most agreeable to Gods Word wherein they have made a large progresse already the Directory for Worship being now finished and we expect a full accomplishment of this much desired Worke ere long All these with infinite other particulars are a most satisfactory and unanswerable evidence of the Parliaments jurisdiction and Legislative power in all matters of Religion Worship Government Discipline and other Ecclesiasticall things or proceedings whatsoever none of which have ever been settled among us in any age in a legall and obligatory way but onely in and by Parliaments I shall close up these 〈◊〉 Domestick authorities with the Ordinance of both Houses of Parliament concerning the present Assembly of Divines wherein all may clearly discerne the jurisdiction of our Parliaments in all Church affaires matters of Religion and over the Assembly it selfe together with the Instructions or Ruled prescribed to the Assembly which they have punctually observed and submitted to not yet in print An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of learned and godly Divines and others to be consulted with by the Parliament for the setling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false uspertions and interpretations WHereas amongst the infinite blessings of Almighty God upon this Nation none is or can be more deate unto us then the purity of our Religion and for that as yet many things remaine in the Lyturgy Discipline and Government of the Church which doe necessarily require a further and more perfect reformation then as yet hath been attained And whereas it hath been declared and resolved by the Lords and Commons assmbled in Parliament that the present Church-Government by Archbishops Bishops their Chancellors Commissaries Deanes Deanes and Chapters Archdeacons and other Ecclesiasticall Officers depending upon the Hierarchy is evill and justly offensive and bu●thensome to the Kingdome a great impediment to reformation and growth of Religion and very prejudicial to the state and government of this Kingdome and that therefore they are resolved that the same shall be taken away and that such a Government shall be setled in the Church as may be most agreeable to Gods holy Word and most apt to procure and preserve the peace of the Church at home and neerer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the doctrine of the Church of England from all false calumnies and aspersions It is thought fit and necessary to call an Assembly of learned godly and judicious Divines who together with some members of both the Houses of Parliament are to consult and advise of such matters and things touching the premises as shall be proposed unto them by both or either of the Houses of Parliament and to give their advice and counsell therein to both or either of the said Houses when and as often as they shall be thereunto requited Be it therefore ordained by
Emperors Edict that they should reason of the faith and Arrian opinions in the hearing of Leonas a Layman of great authority and fame in the Emperours Court who was chief President in that Synod to order it who in the first day of its assembly commanded that every one should freely propose what pleased him best touching the questions of faith there controverted he and Laurocius Captaine of the Garrison in Isauria swaying that Councell ordering what they should treat of and how proceed Yea Constantius himselfe as Nicephorus records appointed both the Synods of Ariminum and Seleucia by his letters that they should first of all decide the controversie of the profession of the faith afterwards deliberate of other Ecclesiasticall sanctions and after that of those Bisho●s that had been wrongfully deposed or banished The second generall Councell at Constantinople was enjoyned by Theodosius the elder who called it to confirme the Decrees of the Councell of Nice and to deliberate upon whom the See of Constantinople then voyd should be conferred In the fourth generall Councell of Chalcedon Pulcheria the Empresse writes to Strategus Consul of Bithynia to have a 〈◊〉 that the Synod should observe all discipline and order without commotion or contention and in this Councell divers of the Emperors great temporall Officers and Senators of State sate as chief Moderators Governours Iudges ordering and directing the Bishops who did nothing but by their advice and permission according to the Emperor Martianus instructions in his Oration in and to that Synod and his Epistles to Count Elpidius In this Councell Dioscorus Juvenalis and Thalassius were condemned and put from their Bishopricks by the Lay-Iudges and many noble Senators presiding in it who used this speech in that Councell concerning the debates of faith We see that touching the right Catholike faith the next day wheron the Councell shall meet there must be had a more diligent examination When all matters were ended the Bishops and Councel remitted all their acts to the Emperours Majesty yea when the Senate and Emperor had concluded and published their Iudgements of the Councels determinations The Bishops of the East brake out into these acclamations Iust and right is the Iudgement Long life to the Senate many yeares to the Emperour acknowledging them the supream Iudges as well in Ecclesiasticall Causes and matters of Religion as in temporall affaires Whence the Emperour Theodosius writ thus to this Councell Because we know the most magnificent Florentius a Nobleman to be faithfull and approved in the right faith Therefore we will that he be present to heare the debates of the Synod because the Disputation is concerning matters of faith he being one of the Iudges in this Councell This Emperour Theodosius the better to bring his Churches unto unity then miserably distracted about matters of faith Commanded an assembly of the Bishops and best learned men to appeare before him and to write several confessions of their faith That himselfe might Iudge between them which faith was best Having received their writings he commanded publike prayers to be made and himself also prayed both publikely and in private that it would please God to assist him with his holy Spirit and to make him able to Iudge justly then he perused and considered each Confession assunder by it self and in conclusion alowed onely the Catholikes and condemned the confession written by the Arrians and Eumonians and tore them in pieces Theodosius the yonger sent his letters to Dioscorus the Patriark of Alexandria in this and in the second Councell of Ephesus with these words We decree that the most holy Bishops meeting together this vaine doubt may be discussed and the true Catholik Faith confirmed Therfore your Holinesse bringing ten of the most reverend Metropolitanes that be within your Province and ten other holy Bishops well accounted of for their learning and conversation shall hasten withall speed to meet the rest at Ephesus by the first of August next no Bishop besides the foresaid troubling the sacred Synod If any Bishop fayle to come to the place prefixed at the time appointed he shall have no excuse neither with God nor with us As for Bishop Theodoret whom we command to attend at home on his own Church we determine that he shall be none of our assembly unlesse the whole Councell thinke good to have him one But if any dissent We command that the Synod fit without him and dispatch those things which we have appointed them And in his second letters to the same Bishop Because we suspect that some of Nestorius favourers will do their best to be present at this Councell Therefore we thinke needfull to advertise you and the whole Synod that not onely in respect of Theodoret but of all others which have ought to do in your Councell we give you the preheminence and chiefe authority And those that adde or diminish any thing to or from the Nicene Fathers and the Fathers since that assembled at Ephesus We suffer them not to presume any thing in this sacred Synod but will have them subjected to your Judgement because we have appointed this Synod for that purpose And in the very same Councel he likewise commanded That those Bishops who not long before sate in judgement upon Eutiches should be present but silent and give no voices with the rest as Judges but expect the common determination of all the rest of the sacred Fathers And also commanded that they should neither say neither do any thing in the sacred Councell untill the right faith were considered Yea the Emperour Martian charged the 630. Bishops in this great Councell That none of them should dare dispute of the Nativity of our Lord and Saviour Christ otherwise that the 318. Fathers of Nice determined And in the same Councell Eusebius Bishop of Dorilaeum put up a supplication to the Emperours Martian and Valentinian against Dioscorus Patriarke of Alexandria with these words In most humble wise we beseech your Majestie that you will command the Reverend Bishop Dioscorus to answer to those things that we lay to his charge for confirming a wicked heresie and deposing us unjustly directing your sacred Precept to an oecumenicall Councel of Bishops to hear the matter between us and the said Dioscorus and then to certifie your Majesties of the whole cause that you may doe therein what shall please your Graces Iustinian the Emperor limited the fift generall Councell of Constantinople and the Bishops in it how they should proceed and what they should treat of to wit of the three Chapters by his letters to them and they there accord what the Emperor did specially command them to doe Constantius Pogonatus prescribed the sixt generall Councell of Constantinople called by him to handle and define the Chapter delivered to them by his appointment and to prove the same by holy generall Synods and Fathers yea himselfe sate President in that Councell and directed
as Neubrigensis l. 1. c. 19. records In the Lateran Councell held by Charles the great and Pope Adrian and called principally by this Pope the Councell was most solemnly held by 53 Ecclesiasticall persons Bishops or Abbots together with Judges Magistrates and Doctors of Law from all parts and also persons of all sorts and states of that City and all the Clergie of the Church of Rome who made enquiry of the customes lawes and manners of that Church and Empire consulting also by what meanes heresies and seditions might be rooted out of the Apostolique See and treating of the dignity of the Senate and Empire of Rome seeing that by reason of these things a false errour was spread over the whole world In another Councell of Lateran under Pope Leo and the Emperour Otho the Pope himselfe in his Speech to the Emperour confesseth that that Councell consisted not onely of Clergy-men but of Judges and Doctors of Law That such may be competent and meet Judges in matters of Religion and Church-affaires is evident by this notable passage of Cardinall Jacobatius though a great stickler for the Popes and Prelates authorities that in a Synod holden before Constantine and Helena where it was disputed Whether the Jewish or Christian Law should be preferrred Craton a Philosopher who would not possesse any worldly goods and Zenosimus who never received present from any in the time of his Consulship were appointed Iudges of this controversie With which the saying of learned John Gerson Chancellour of Paris accords There was a time when without any rashnesse or prejudice to faith the controversies of faith were referred to the judgement of Pagan Philosophers who presupposing the faith of Christ to be such as it was confessed to be however they did not beleeve it yet they knew what would follow by evident and necessary consequence from it and what was repugnant to it Thus it was in the Councell of Nice as is left unto us upon record So likewise Eutropius a Pagan Philosopher was chosen JVDGE between Origen and the Marcionites who were condemned by him If Pagan Philosopehrs then much more Christian Laicks endowed with learning and wisdome may be fit Iudges of controversies of Religion and Ecclesiasticall affaires and fit to have Votes in Synods And that they have been so deemed in ancient times is evident by one memorable history recorded by Possidonius in the life of S. Augustine cap. 12 13 14. who not onely informes us that Crispinus Bishop of Calamen a Donatist being accused before the Proconsull for an Hereticke and for breaking the lawes against Hereticks and denying himselfe to be one St Augustine and he debated the controversie three severall times before the Proconsull in a great multitude of Christian people expecting the event both at Carthage and throughout all Africk and that Crispin at last was pronounced an Hereticke by the Proconsull by a judiciall sentence After which there was a generall meeting at Carthage between all the Catholike Bishops and the Donatists by the speciall command of the most glorious and religious Emperour Honorius who sent Marcellinus the Tribune and Notary into Africk to bee Iudge in that Collation In which Conference the Donatists being throughly confuted and convinced of errour by the Catholikes were condemned by the sentence of the Iudge From which sentence they appealing to this Emperour were afterwards upon full hearing condemned by him and declared Hereticks Vpon which Appeale of theirs St. Augustine descants thus Is it peradventure not lawfull for the Emperour or those whom the Emperour shall send to give judgement in a matter of Religion Why then came your Embassadours to the Emperour why made they him the Iudge of their cause c. The Act of Marcellinus his sentence against the Donatists runs thus To the end that apparent errour may undergoe the yoke of revealed truth by the authority of this present Edict I advise all men of what condition soever Land-lords Stewards and Farmers as well which hold of the Crowne as of private possessions with the Ancients in all places that not forgetting the Lawes their owne dignity honour and safeguard they doe their endevour to hinder all Conventicles of the Donatists in all Townes whatsoever who shall bee bound to surrender up to the Catholikes those Churches which I allowed them of courtesie untill the day of sentence without Commission from the Emperour Photius Bishop of Smyrnae being accused for an Heretick by the Councell there was afterwards admitted to dispute with the Catholike Bishops in which dispute saith Sozomen certaine Iudges were ordained for Presidents of the Councell who from that time forwards were accounted men of prime ranke in the palace both for knowledg and dignity after many objections and answers pro and con Basil Bishop of Ancyra who defended the doctrine of the Catholikes got the victory and Photinus was condemned and sent into banishment Athanasius in his 2. Apologie requests that the Emperours most godly and religious Majesty might have the hearing of his own and his churches cause for we have good hopes that his godlinesse understanding our reasons will never condemne us If this seem strange to any Romanist that Lay-men should be competent Iudges in matters of Divinitie and have voices in Councels their owne Pope Nicholas his resolution in this very point may cease their wonder who saith in downe-right termes Faith is catholike and common to all as well to Lay-men as Priests yea generally to all Christians he speaks it expresly of Lay-mens assisting in Councels therefore it is just and reasonable they should have voices in matters of faith as well as Bishops and Clergy-men I shall close up this with the resolution of Marsilius of Padua who expresly resolves that Lay-men especially those who are pious and learned ought to be present in and summoned to generall Councels as well as Clergie-men especially when the Clergie are either ignorant corrupt or erronious in their judgements or scandalous in their lives His reasons are these First because they have all as great an interest in the faith and Churches good as any Prelates Popes or Clergie-men Secondly because many of them are better learned and versed in the Scriptures and Antiquities then many Bishops and Clergie-men yea more sound and orthodoxe in their judgments then they Thirdly because they were present and had voices in the Synod at Hierusalem even in the Apostles dayes Acts 15. and in the purest first generall Councels in which the Emperours with their Nobles and Officers assisted in the resolving of Scripture doubts Fourthly because the very Code of Isiodore for the manner of holding Councels hath this direction Deinde ingrediantur LAICI qui ELECTIONE CONCILII INTERESSE MERUERUNT Multò magis igitur qui fuerint literati in lege divina periti quanquam non sacerdotes existant sic enim fecerunt Apostoli cum Senioribus c. If any desire further satisfaction
generall Councell of Constantinople was confirmed by the Subscriptions of the Emperors Basilius Constantine and Leo whose Princes and Nobles were present and sate as chiefe Directors and Judges in it And at the close of the Councell Basilius himselfe there present demanded of the Synod if they all consented to the Acts and Decrees of this Councell and whether any of them did stick or doubt of any of them whereto they replyed Omnibus placent quae lecta sunt Omnes eisdem ipsis concordamus omnes ita praedicamus omnes concinentes consentientes prompte subscribimus After which they all subscribed and then the Emperors in the last place subscribed in this manner Basilius Constantinus Leo perpetni Augusti in Christo Deo sideles Principes Romanorum magni Imperatores sanctam hanc universalem Synodum SVSCIPIENTES ET OMNIBVS QVAE AB IPSIS DEFINITA ET SCRIPTA SVNT CONCORD ANTES SVBSCRIPSIMVS MANV PROPRIA In the Councell of Friburg Anno 895. Arnulphus the Emperor sate chiefe President In which were present not onely Bishops and Abbats but likewise all the Princes and Nobles of the Empire with innumerable troops of Clergy-men and Lay-men who all confirmed the Acts and Decrees thereof with their Subscriptions Haec Subscriptio sacro-sanctae venerabili professione condigna responsione innumerabilium circumstantium Presbyterorum ac Diaconorum necnon NOBILIVM LAICORVM CONFIRMATA ET LAVDABILITER APPROBATA as Surius relates it In the great Councell of Constance the King of Romanes in his Imperiall Robes sate as President accompanied with his Nobles with the Ambassadors and Orators of all Nations who had voyces in that Councell and confirmed the Acts and Sessions thereof both with their Suffrages and Subscriptions Yea Sigismund King of Romanes upon the Petition of the Councell by his Letters Patents and Proclamations under his Seale tooke upon him the patronage and protection of the whole Councell and their Actions and justified and ratified all their Proceedings as the Fourteenth Session manifests and sundry Passages in that Councell prove at large In the Councell of Basil not onely divers Ambassadors and Nobles were present but likewise Sigismund King of Romanes Hungary and Bohemia tooke the said Councell into his Protection against Pope Eugenius the Fourth the Councell likewise protecting him and vacating all the Proces and Proceedings of the Pope against him and William Duke of Bavaria another of their Protectors Yea the Decrees of this Councell were made Assistente Domine Imperatore in habitu Imperiali by the assistance of the Emperor who sate in that Councell in his Imperiall Robes and confirmed the Acts and Decrees thereof with his golden Bulls and Edicts In this Councell many Epistles of the Emperor and other great Princes both ordering and ratifying their Proceedings and Decrees which were read publikely yea the Determinations and Constitutions both of the Councels of Constance and Basil were ratified by King Lewes of France by Act of Parliament 25. Januarij Anno 1475. and after that by another Act of Parliament at Paris 25. Junij Anno 1512. and by them enjoyned to bee strictly observed both which Acts are recorded at large by Bochellus where hee who listeth may peruse them In the Councell of Ferrara Joannes Palaeologus Emperor of Constantinople sate as chiefe President and divers Nobles with him yea hee swayed and directed most things in it and most that spake therein directed their Speeches to him as every Page almost of the Acts of that Councell and every Session manifest speaking and disputing Impetrata priùs ab Imperatore facultate dicendi Imperatoris jussu Si Serenissimo Imperatori placuerit ea nunc libenter aggrediar Imperator Serenissime vobis dico Mitissimi Imperatoris jussu Orationem nostram prosequemur Imperator Quisnam est Autor hujus voluminis And. Hermeus Imper. Estne rationi congruum ●t in Synodo historiae innitantur And. Ad cognoscendum res gestas Serenissime Imperator Historia uti debemus Imp. Historiam illam in nostra Religione debemus suscipere quam majores nostri probaverunt aliam verò minimè And. De Romanorum aut Graecorum aut Regum bello Historia Mitissime Imperator in Synodo nequaquam uti debemus c. Sed ut lubet Humanissime Imperator omissis his unde digressi sumus revertamur Imper. Dicat Cardinalis Imperator jussit ut dissertores electi negocium prosequerentur Ephesius Imperatoris jussu longam Orationem habuit Consentiente Imperatore c. This Councell being adjourned to Florence Julius the Cardinall there began it with this Oration Quoniam Imperator Mitissime c. after which followes a large Dialogue in open Councell between him and the Emperor in the close whereof Imperatorem rogarunt c. Cui quidem sententiae Imperator acquiescens voluit ut statim disputatores ipsos seligerent c. In the 22. Session of this Councell the Emperor oft times speakes Haec ad propositum nequaquam spectare videntur c. Vt tibi Pater Ephesius morem gereret huic questioni P. R. respondit Verum in posterum ne verbum quidem de ea faciet quandoquidem non tot de causis huc convenimus De proposita Questione necesse est in praesentia disputare de hac verò forsan alias Ita quoque Nobis videtur De hac Questione suo loco videbimus Session 23. John the Popes Disputant saith Superiori Sessione Imperatoris Serenissimi jussu convenimus Non ego sed Serenissimus Imperator tibi legem imponere potest saith hee to Marcus The Emperor in this Session spake oft and gave the rule of the Synod and commanded another Session to be held Jussit ut iterum Sessio haberetur And in the last Session hee orders all and rules the Rost among his Greciaus brings them to a unity with the Westerne Churches concerning the point of the Procession of the Holy Ghost both from the Father and the Sonne hee informes them that hee being by Gods grace their Emperor after the custome of his Predecessors would rest satisfied with the Determination of this Councell and what it or the major part of it should conclude hee would to the uttermost of his Imperiall power ratifie and defend But saith hee I will not bee constrained by the Latines to adde any thing to our Sacred Creed or to change any of the Ceremonies of our Church And when the Greeks and Latines had accorded and drawn up Letters of union both in Greek and Latine to which both parties should subscribe this Emperor first of all for his party subscribed in this manner Ego Joannes Palaeologus fidelis in Christo Rex Imperator Romanorum subscripsi And five Letters of Union being thus subscribed by him and the whole Synod they were further ratified by the Popes and Emperors Seales In the first Session of this great Councell of Ferrara the Pope would have placed the Emperor with his
Edward the 6. his Reigne are most punctuall and pegnant evidences hereof as namely 1. Edw. 6. ch 11. For administring the Sacrament in both kindes therein proved necessary by sundry Texts of Scripture and punishing such persons as shall unreverently speake against the Sacrament with Temporall and Ecclesiasticall censures ch 2. concerning the election and creation of Bishops by the Kings Letters Patents and what Processe and Seales they shall use declaring that they have no Ecclesiasticall jurisdiction but meerely from the King ch 9. For uniting certaine Churches within the City of Yorke ch 12. which abolisheth Sanctuaries and Clergy in some cases 2. and 3. E. 6. ch 1. For the Vniformity of service and the administration of the Sacraments throughout the Realme ch 13. For the true payment of Tythes ch 19. For abstinence from flesh ch 20. Concerning Recusants ch 23. For positive Lawes made against the Mariage of Priests ch 23. The repeale of a Statute touching Precontracts of Mariage 3. and 4. E. 6. ch 10. For the abolishing and putting away of diverse superstitious Popish Books and Images chap. 11. That the Kings Majesty may nominate and appoint 32. persons halfe Clergy-men and halfe Laymen to peruse and make Ecclesiasticall Lawes ch 12. For the manner of Ordaining Ecclesiasticall Ministers and Consecrating Bishops ch 15. Against fond and phantasticall Prophecies 5. and 6. E. 6. ch 1. For the uniformity of Common Prayer and administration of the Sacraments ch 3. For the keeping of Holy-dayes and Fasting dayes ch 4. Against fighting and quarelling in Churches and Church-Yards ch 12. For the lawfulnesse of Priests Mariage and legitimation of their children chap. 13. Touching Religious persons and c. 23. Against Vsurie All these are clearely Ecclesiasticall Acts yet made by Parliament The Statutes in Queene Maries Reigne though of a different Religion from her brother and a zealous Pontifician sufficiently evidence the jurisdiction of our Princes and Parliaments in matters of the Church and Religion witnesse 1. Mar. Parl. 1. Ses 2. Chap. 2. Repealing diverse acts-made touching Religion in King Edward the 6. his Raigne and setting up Masse and the old Lyturgies againe chap. 2. Against Offendors of Preachers and other Ministers in the Church or Church-Yard or interrupting them in their Sermons or saying Masse under paine of imprisonment fines and Ecclesiasticall censures chap. 15. For re-edifying the parish Church of Saint Ellins in Stangate 1. Mariae Par. 2. c. 1. Declaring That the Regall power of this Realme is in the Queenes Majesty as fully and absolutely as ever it was in any of her most Noble Progenitors Kings of this Realme chap. 3. Being an Act of Repeale of two severall acts in the 7. yeare of King Edward the 6. touching the dissolution of the Bishoprick of Durham Chap. 9. Touching Ordinances Rules c. in Cathedrall Churches and Schooles c. 10. Repealing a statute for the uniting of the parish Churches of Onger and Greensted in the County of Essex 1. and 2. Phil. and Mary chap. 6. For the reviving of three Statutes made for the punishment Of Heresies and that with forseiture of Lands imprisonment and death in some cases chap. 8. Intituled an Act repealing all Statutes Articles and provisions made against the See Apostolike of Rome since the 20. yeare of King H. 8. and restoring the Bishops with their Courts offices the Pope himselfe to their former usurped jurisdictions in England ratifying this Popes very Bulles and dispensations to make them valid and setling the whole affaires of the Church of England chap. 9. 20. For the punishing of traiterous Sermons and Prayers against the Queene chap. 17. Concerning leases of some spirituall persons and 2. and 3. Phil. and Mary chap. 4. For the extinguishment of first fruits c. All Ecclesiasticall Statutes In Queen Elizabeths happy Raigne there are sundry Statutes abundantly manifesting her own and the Parliaments supreame Iurisdictions and Legislative power in matters of Religion Church-government Discipline c. as namely 1 Eliz. c. 1. An Act restoring to the Crowne the ancient Jurisdiction OVER THE STATE ECCLESIASTICALL SPIRITVALL and abolishing all fortaigne power repugnant to the same which gives the Queen her heires and successors all manner of Ecclesiasticall Iurisdiction in and over all Ecclesiasticall persons and causes and power to correct redresse and reform all manner of HERESIE SCHISME ERRORS ABVSES OFFENCES ECCLESIASTICALL prescribes the oath of Supremacy which all are to take and most Independents have formerly taken wherein they do utterly testifie and declare in their consciences that the Queen and her Successours are the onely supreame Governours of this Realme and other their Dommions as well IN ALL SPIRITVALL OR ECCLESIASTICALL THINGS OR CAVSES as temporall c. which jurisdiction of theirs they sweare to their power to assist and defend Which oath if any refuse to take hee shall forseit all his Ecclesiasticall promotions and temporall offices This Act likewise abolisheth the Popes jurisdiction under pain of a praemunire and other mulcts against the maintainers of it It determines what shall be adjudged HERESIE and what not namely Only such matter and cause as heretofore hath been determined ordered and adjudged to be heresie by the authority of the Canonicall Scriptures o● by the first foure generall-Councels or any of them or by any other generall Councell wherein the same was declared heresie by the expresse and plain words of the Canonicall Scripture or such as hereafter shall be ordered IVDGED OR DETERMINED TO BE HERESIE BY THE HIGH COVRT OF PARLIAMENT OF THIS REALME with the assent of the Clergy in their Convocation to wit by way of assistance and advice cumulatively not negatively as if their assent were simply necessary So as by this Act the Parliament is made the sole proper Iudge what is or shal be reputed punished as heresie what not how it shal be punished the highest point of Ecclesiasticall jurisdiction Ch. 2. For the uniformity of Common prayer and service in the Church and administration of the Sacraments enjoyning conformity under temporall and Ecclesiasticall punishments is an irrefragable proofe of the Parliaments Ecclesiasticall power in all Church matters and 1 Eliz. c. 3. 4. 6. 5 Eliz. c. 1. For the assurance of the Queens royall power over all States and Subjects within her Highnesse Dominions ch 23. For the due executing of Writs de Excommunicato capiendo ch 28. For translating of the Bible and divine Service into the Welch tongue 8 Eliz. c. 1. Declaring the manner of making and Corsecrating the Archbishops Bishops and Ministers of this Realm to be good lawfull and perfect ratifying the Booke of common Prayer and of Ordination together with the Queens Soveraigne Ecclesiasticall Authority 13 Eliz. c. 2. Against the bringing in and putting in execution of Bulls and other instruments of the See of Rome chap. 8. Against Usury ch 19. concerning Dilapidations c. 12. To reforme certain disorders touching Ministers of the Church ratifying the 39.
Patterns deduced his Assize of surplesses and paterne of the new Altars Rules c. prescribed to be enquired of in his Visitation Articles But I hope my deare Brother can not spie out any such vision nor deduce any such conclusion from this Text nor from that of measuring the Temple Altar in the Revelation which I have elswhere answered and shall here omit The 4th Argument from Dutr. 4. 2. c. 12. 31. Proverb 30. 6. Reu. 22. 19. That God hath prohibited any addition to the Booke of sacred Scripture under a plague and heavy punishment Ergo there is a set forme of Church-government and discipline prescribed in the Gospell which none may vary from by addition or diminuition Is a meere Non-sequitur For first these Texts speake only of Additions to the Bookes Doctrine Histories Prophesies of the Canonicall Scriptures then written as my Brother acknowledgeth and the Texts infallibly prove not of any Church-government Discipline Ceremonies under the Gospell not so much as mentioned or imagined in them Therefore Brother you doe very ill for to wrest these Scriptures thus against their sence and meaning 2ly Brother you know that God himselfe after the writing of the Booke of Deuteronomie the Proveths caused divers other Bookes of Canonicall Scriptures in the old and the whole New Testament to be written for the further benefit and Instruction of his Church Yea many Additions were made to the service of God in the Temple not mentioned by Moses without infringing these Texts therefore your citing of them without any limitation is very impertinent 3ly I feare Brother that those who hold there is an absolute set forme of Church-goverment prescribed in the word to all Churches though they cannot shew it and yet cry up their Independent way as the very Government discipline Kingdome and Ordinance of Christ himselfe though they neither prove nor demonstrate it are far more guilty of this sinne of transegressing these texts by Adding to Gods word then those who deny it are of adding to or detracting from it Take heed therefore I pray of this sin your selfe which you would fasten upon others You know who are most guilty of this va●ting cry The Temple of the Lord the Temple of the Lord the Temple of the Lord are these when yet they were but lying words which party boastes most of the Divinity of their way your whole Book sursets of this in every Page without one solid text to warrant what you so frequently over-confidently affirme Wherefore this Argument returns wholy on your self My Brothers 3. Objection is from the 1 Cor. 7. 17. So ordaine I in all Churches 1. Cor. 16. 1. Now concerning the collection the Saints as I have given order to the Churches of Galatia SO ALSO DO YE Every first day of the weeke or some one day of the weeke or weekly as some translate and the phrase will beare it let every one of you lay BY HIMSELFE in store as God hath prospered him that there be no gatherings when I come Act 14. 25. And when they had ordained them Elders in EVERY CHVRCH From which Authorities only and no other in the New Testament he inferrs That there is but ONE and the selfe same forme of Churchgovernment and Discipline prescribed to all Churches in the world in all ages without the least liberty of varying one from another or from the forme pretended to be thus prescribed But deare Brother what will you say if none of these Scriptures prove any such conclusion but the contrary have you not then injured the Readers and truth hereby Heare then how you are mistaken in them The question you know is not concerning Precepts Doctrines or Rules of faith which are the selfe same to all Persons Churches Ages and binde all alike but only of Church-Government disciplin But hath your first and principall text any relation thereunto No verily but to a meere privat case of conscience then undescided Whether a beleeving Wife might depart from an unbeleeving Husband or a beleeving Husband from an unbeleeving wife without mutuall consent if the unbeleever were willing to cohabit with the other This was the case of conscience then in question at Corinth and propounded specially to the Apostle to whom they Wrote for resolution v. 1. To this the Apostle gives a final desciton in the negative shewing sundry reasons for it v. 10. to 16. then v. 17. he concludes As the Lord hath called every one so let him walke AND SO ORDAINI IN AL CHVRCHES Now what Brother is this private case of conscience to one set forme of Church Disciplin or Government doth the Apostle say that this he ordained to be the very same in all Churches no verily there is no such mention or intention in the Text or Chapter so that the true deduction from hence will be but this absurd Nonsequitur The Apostle by the determination of Gods spirit ordained in every Church that Beleeving Wives or Husbands should not forsake their unbeleeving Consorts if they desired to cohabit with them Ergo he ordained one and the selfe-same unalterable set forme of Church-government and Discipline in all Churches whatsoever Your 2d text makes cleane against you For first the Apostle 1. Cor. 16. 1. 2. doth not say that he gave order for a collection in all Churches alike but only in the Churches of Galatia and there were many Churches else besides them Therefore this extends only to particular Churches not to all And so no proofe of any one universall Government of Discipline prescribed alike to all Secondly It was an order only upon a particular emergent transient occasion which might seldome or never happen againe to wit The present necessity of the Saints at Ierusalem in respect of a dearth and famine there To argue therefore an universall standing Church-government and Discipline from a particular transient occasion not permanent and lasting but contingent and temporany for this particular time and occasion only is very incongruous Thirdly The Apostle here prescribed no publique duty relating to Church-government or Discipline nor yet to be performed in the open Congregation for then there might have beene some vigor in the Text but but only a voluntary preparatory benevolence to be weekly laide apart in private according to Gods blessing on every mans estates as is cleane by the words Vpon the first day of the Week or wekely Let every one of you lay a part BY HIMSELFE not contribute publiquely in the Church in store as God hath prospered him that so there may be no collections when I come Therefore this Action hath no relation at all to Church-government Discipline or ought to be done publikly in the Church Fourthly This collection and the maner of it for every man to lay aside by himselfe some thing weekely according as God hath prospered him was only a preparatory extraordinary collection as the last clause that there may be