Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	law_n	parliament_n	repeal_v	2,928	5	12.0628	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Lipsiae 1584. together with the severall Confession of all the Protestant Churches in Germany and elsewhere recorded in the Harmony of Confessions which were made published established by the severall Protestant States to Diets or Parliaments by common consent of the Nobles Magistrates Senates Ministers of those Churches not by the Clergy alone are a sufficient demonstration of their Ecclesiasticall legislative power and jurisdiction in all matters of Faith Discipline and Government In few words I dare averre that there is never a forraigne Christian Empire Kingdome or Republike in the world whether Protestant or Popish but hath in their Parliaments Diers Senates made sundry Lawes concerning matters of Faith Government Discipline Clergiemen and all Ecclesiasticall affaires yea for the establishment of that Religion Church Government and Discipline in present use among them as their severall Laws and Constitutions will abundantly manifest to any who have vacancy to peruse them I shall close up this Section with some presidents of the Parliaments of Ireland and Scotland which have most affinity to the Parliaments of England Among the printed Statutes of Ireland collected by Master Belton I mèet with these ensuing Ecclesiasticall Lawes made in the Parliaments of Ireland 36. H. 6. c. 1. That Beneficed persons shall keep Residence 7. E. 4. c. 2. 3. That none shall purchase Benefices from Rome and that pardons made to such as purchase them thence shall be voyde 10. H. 7. c. 5. Against provisors from Rome 25. H. 8. c. 2. For uniting the Personage of Cantrim to the Priory of Saint Peters 28. H. 8. c. 5. That the King shall be supreame head of the Church of Ireland ch 8. and 26. For payment of first-fruits ch 13. Against the Authority of the Bishops of Rome and chap. 14. 17 18 23. For other Ecclesiasticall matters 33. H. 8. c. 6. Conconcerning Mariages cha 12. For Tithes chap. 14. For erecting of Vicaridges 33. H. 8. Parl. 2. chap. 5. For suppressing religious houses 2. Eliz chap. 1. For restoring to the Crowne the ancient Iurisdiction and the State Ecclesiasticall and abolishing all forraigne power repugnant to the same cha 2. For the uniformity of Common prayer and service in the Church chap. 3. Concerning first fruits and Personages impropriate c. 4. For the conferring and consecrating of Archbishops and Bishops 11. Eliz. c. 6. and 13. Eliz. c. 6. with diverse others since For Scotland I finde many Ecclesiasticall Lawes concerning the Church Church-men and all matters of Religion made in Parliament and intermixed with their temporall Acts. To omit the Ecclesiasticall Lawes of King Keneth mixed with his Temporal enacted about the Yeare of our Lord 844. In the Statutes of K. William of Scotland made about the Yeare of our Lord 1170 chap 32. Is For maintaining the true Religion and the Rights and liberties of haly Kirke chapter 34. Of the honesty of Clarkes King Robert the first in his Parliament holden at Scone with his Bishops Abbots Priors Ea●i●s Barons and other Noblemen of his Realme to the honour of God and haly Kirke with common advise and consent of all the Prelates and Freeholders foresaide and haile community in the 13. Yeare of his Raigne to wit Anno 1319 made a law chapter 〈◊〉 For the freedome of the Kirke and Kirkmen and maintenance of true Religion And the second Parliament of this King chapter 1. Is of Donation of Lands made to Religious persons and chapter 14. Concernes Nunnes Among the Statutes of King David the 2. the 12th chapter is of Pilgranners and chapter 42. For freedome of holy Kirke Not to mention all the statutes made in the Parliaments of Scotland in times of Popery for advancing the Popes Authority Masse Prelacy with sundry Doctrines and Ceremonies abolished by subsequent Acts in times of Reformation I shall only give you a briefe account of some of their Acts of Parliament since beginning of reformation in that Kingdome I finde in Master John Knox his History of the reformation of the Church of Scotland lib. 3 pag 56 57. in the London edition ●644 That in a Parliament held in Scotland Anno 1543. there began question of the abolishing of certaine tyrannicall Acts made before at the devotion of the Prelates for the maintaining of their Kingdome of darknesse to wit That under paine of Haeresy none should read any part of the Scripture in the vulgar Tongue neither yet any Tractate or exposition of any place of Scripture which Act after great debate in Parliament betweene the Nobility Commons and Clergie was wholly repealed and this Act of Parliament enacted That it should be lawfull to every man to use the benefit of the Translations which then they had of the Old and New Testament together with the benefis of other Treatises containing wholsome doctrine untill such time at the Prelates and other Church-men should give and set forth unto them a translation more correct And so by Act of Parliament it was made free to all men and women to reade the Scriptures in their vulgar tongue and all Acts to the contrary abolished This was no small victory of Christ Jesus against the conjured enemies of his Verity In the yeare 155● of the Protestants in Scotland petitioned both the Queene Regent and likewise the Lords Barons Burgesses assembled there in Parliament for repeale of severall Lawes formerly made against Heritickes for prayers in their vulgar Tongue frequent preaching or interpretation of the Scriptures due administration of the Sacraments of Baptisme and the Lords Supper Reformation of the Church Prelates and ecclesiasticall estate their lives Courts and proceedings And likewise entered a formall Protestation in the Parliament House After this in the yeare 1560. The Protestant Barrons Gentlemen Burgesses and others of the Realme presented a large supplication to the Nobility 〈◊〉 States of Parliament then assembled wherein they desired the abolition of Idolatry and such false Doctrin as w●e condemned by Gods word by Act of that Parliament and punishment to be appointed for the transgression that the abuses and prosanations of the Sacraments of Jesus Christ and of the true Discipline of the Church might be reformed That the Popes usurped ecclesiasticall Authority might be abolished and the Popish Clergy removed c. Which application being read in the Audience of the whole Assembly the Batons Ministers other Petitioners were thereupon commanded to draw into plaine and severall heads the summe of that Doctrine which they would maintaine and desire the present Parliament to establish as wholsome true and only necessary to be beleived and to be received within the Realme which they willingly accepted and within foure dayes presented a large Confession of the faith professed and beleived by the Protestants within the Realme of Scotland consisting of 25. Articles which were read in face of Parliament and after ratified by the three States of this Realme at Edinburgh the 17. of Iuly 1560. and by the whole body of the Parliament which

And when in the first times of Christs Church Prelates used this power 't was therefore onely because in those dayes they had no Christian Kings And it was then so onely used as in times of persecution that is with supposition is case it were required of submitting their very lives unto the very laws and commands even of those pagan Princes that they might not so muchas seem to disturb their civil Government which Christ came to confirm but by no meanes to undermine CHARLES by the Grace of GOD c. Now for asmuch as the said Lord Arch-bishop of Canterbury President of the said Convocation for the province of Canterbury and the said Arch-bishop of Yorke President of the said Convocation for the Province of Yorke and others the said Bishops Deans Arch-deacons Chapters and Colleges with the rest of the Clergie having met together respectively at the time and places before mentioned respectively and then and there by vertue of Our said authority granted unto them treated of concluded and agreed upon certaine Canons Orders Ordinances and Constitutions to the end and purpose by Vs limited and prescribed unto them have thereupon offered and presented the same unto Vs most humbly desiring Vs to give our Royall assent unto the same according to form of a certain Statute or Act of Parliament made in that behalfe in the 25th yeer of the Reign of King Henry the eighth and by Our said Prerogative Royall and Supream authority in Causes Ecclesiasticall to ratifie by Our Letters Patents under Our great Seal of England and to confirm the same The Title and Tenour of them being word for word as ensueth Wee of Our Princely inclination and Royall care for the maintenance of the present Estate and government of the Church of England by the Lawes of this Our Realme now setled and established having diligently with great contentment and comfort read and considered of all these their said Canons Orders Ordinances and Constitutions agreed upon as is before expressed And finding the same such as Wee are perswaded will be very profitable not only to Our Clergy but to the whole Church of this Our Kingdome and to all the true Members of it if they be well observed Have therefore for Vs. Our Heires and lawfull Successours of Our especiall grace certaine knowledge and meere motion given and by th●se presents doe give Our Royall Assent according to the forme of the said Statute or Act of Parliament aforesaid to all and every of the said Canons Orders Ordinances and constitutions and to all and every thing in them contained as they are before written And furthermore We do not onely by our said Prerogative Royall and supreme Authority in Causes Ecclesiasticall ratifie confirme and establish by these Our Letters Patents the said Canons Ordinances and Constitutions and all and every thing in them contained as is aforesaid but do likewise propound publish and straightly injoyne and command by Our said Authority and by these Our Letters Patents the same to be diligently observed executed and equally kept by all Our loving Subjects of this Our Kingdome both within the Provinces of Canterbury and Yorke in all points wherein they do or may concerne every or any of them according to this Our will and pleasure hereby signified and expressed And that likewise for the better observation of them every Minister by what name or title soever he be called shall in the Parish Church or Chappell where he hath charge read all the said Canons Orders Ordinances and Constitutions at all such times and in such manner as is prescribed in the said Canons or any of them The Booke of the said Canons to be provided at the charge of the Parish betwixt this and the Feast of S. Michael the Arch-angell next ensuing straightly charging and commanding all Archbishops Bishops and all other that exercise any Ecclesiasticall jurisdiction within this Realme every man in his place to see and procure so much as in them lyeth all and every of the same Canons Orders Ordinances and Constitutions to be in all points duly observed not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same as they tender the honour of God the peace of the Church the tranquillity of the Kingdome and their duties and service to Vs their King and Soveraigne In witnesse whereof We have caused these Our Letters to be made Patents Witnesse Our Selfe at Westminster the thirtieth day of Iune in the sixteenth yeare of Our Reigne By all these Patents with others of like nature directed to all our Convocations by our Kings in former and latter times by Our present Parliaments manner of calling limiting directing our present Assembly of Divines in all particulars of their proceedings and debates appointing some eminent Members of both Houses to sit and consult together with them and to certifie all their results and determinations to them to be considered rectified rejected or approved by both Houses as they in their wisdomes shall see cause and by the fore-cited premises it is most apparent that the Arch-bishops Bishops Clergy and Convocation of England assembled Synodically together much lesse then any particular Independent Minister or Congregation notwithstanding all their late printed vaunts of their Ecclesiasticall soveraigne Iurisdiction by divine right and power to prescribe and enjoyne Visitation-Oaths Articles new Rites and Ceremonies of their owne Inventions both unto Ministers and people which they seconded with their practice to the insufferable grievance and oppression of the people are so farre from having any lawfull right power and authority to make prescribe any Ecclesiasticall Injunctions Canons Lawes Rites Ceremonies or forme of Government to any of his Majesties Subjects that though they be lawfully assembled together in a Provinciall or Nationall Synod by the Kings owne Writ or Parliaments command yet they cannot legally or of right so much as treat debate consult of any Ecclesiasticall affaires without a speciall licence first obtained from the King or Parliament and then only of such generals or particulars as they shall prescribe them much lesse compile enact promulge impose or execute any Ecclesiasticall Canons Lawes Injunctions Ordinances Oaths without their speciall approbation and ratification of them by their speciall Letters Patents under the great Seale and by Act of Parliament too as hath been lately resolved by unanimous consent of both Houses in the case of the condemned new booke of Canons The like I have proved of the Bishops Clergie Councels in other Christian Empires and Kingdomes Where then is that immense Episcopall jurisdiction authority preheminence superiority power in point of dominion over and beyond that of ordinary Ministers which our Lordly Prelats lately so much boasted of and pleaded for as due unto them by no lesse then divine institution if we may beleeve them not by the Grace Patents Grants or connivence of Christian Princes Let these swelling ambitious Grandees

have else-where manifested In King Henry the 3. his Raign I finde these severall printed Acts of Parliament made concerning the Church Bishops Abbots Clergymen and Ecclesiasticall affaires which you may peruse at pleasure 9. H. 3. c. 1. 5. 18. 31. 33. 36 37. The Charter of the Forrest 9. H. 3. c. 4. 11. 16. 20. H. 3. c. 9. 51. H. 3. c. 10. 12. 28. besides those Recorded by Matthew Paris In King Edward the first his Raigne there were these Acts to like purpose 3 E. 1. which begins with this Prologue Because our Soveragine Lord the King had given power to redresse the State of the Realme c. for the common profit of holy Church and of the Realme And because the State of holy Church hath ever been kept c. c. 1 2. 46. 4 E. 1. c. 6. 7 E. 1. the Statute of Mor●main 13. E. 1. c. 5. 19. 29. 31 32 33. 41 42 43. 48. Circumspecte agatis 13 E. 1. commonly called a Statute though 19 E. 3. Fitz. Iurisdiction 28. it be adjudged none The Statute upon the Writ of Consultation 24 Ed. 1. The confirmation of the Charters of the Liberties of England 25 E. 3. c. 4. 6. The Statute concerning certain Liberties granted to the Commons The Statute of Carlisle 25. E. 1. See Cookes 5. Report of the Kings Ecclesiasticall Law f. 13. 34. E. 1. c. 6. In King Edward the seconds dayes I meet with the Statute of A●ticuli Cleri 19 E. 2. which wholly concernes the Clergy their Courts Tythes Rights The Statute de Prerogativa Regis c. 1. 8. 10. 14 15. and Articles against the Kings Prohibition In King Edward the third his Regency I finde very many Statutes concerning the Clergie and all kinde of Church affaires as namely 1 E. 3. Stat 2. c. 10 11. 4 E. 3. c. 6. 5 E. 3. c. 2. 9 E. 3. Stat. 2. c. 1. 14 E. 3. stat 1. c. 1. 17. and stat 3 made for the Clergy the Prologue and c. 1 2 3 4 5. 15 E. 3. stat 1. c. 1. 6. Parl. 3. c. 6. 18 E. 3. stat 3. for the Clergie c. 1 2 3 4 5 6 7. 23 E. 3. c. 8. 25 E. 3. stat 3 for the Clergie c. 1 2 3 4 5 6 7 8. 25 E. 3. stat 6. of Provisions 27 E. 3. stat 1. c. 1. of Provisions 28 E. 3. c. 14. 31 E. 3. stat 1. c. 4. 11. 13 14. 36 E. 3. c. 8 concerning Priests Salaries c. 38 E. 3. stat 2. against provisors and Appeales to Rome c. 1 2 3 4 5. 45 E. 3. c. 3. 50 E. 3. c. 1. 4 5. To which I shall adde only this observation That the prologues to the statutes of 1 E. 3. stat 2. 2 E. 3 stat 3. 28 E. 3. 38 E. 3. stat 1. and 50 E. 3. with others begin thus To the honour of God and of HOLY CHVRCH and redresse of the oppressions of the people c. these ensuing Acts were made granted to testifie that even in those dayes our Parliaments first began with matters of God and the Church and settled them by Lawes as there was occasion and then proceeded to temporall matters and grievances the very Statute of Magna Charta having the same prologue wherein you may discerne this method pursued and in most subsequent Parliaments I shall adde to these printed Acts 6 E. 3. num 5. prohibiting Bishops to meddle in matters of the peace 45 E. 3. num 15. removing Bishops from all temporall Offices 50 E. 3. num 99. 103. complaining against popish Cardinals 40 E. 3. num 7 8. a notable Record against the Popes claime to the Kingdome of England by vertue of K. Johns grant 17 E. 3. num 59 60. 18 E. 3. num 59 60. 38 E. 3. num 7. 50 E. 3. num 85. 87 88. complaining against yea restraining the Popes exactions and usurpations as the cause of all plagues 50 E. 3. num 46 47. complaining against the Canons of the Clergy and 47 E. 3. num 24. against Ordinaries incroaching upon the civill Iurisdiction To proceed to King Richard the second the Statutes in the first yeare of his Raigne have this Preface Richard by the Grace of God c. Know that to the honour of God and reverence of holy Church for to nourish peace unity and concord in all the parts of the Realme c. We have ordained and established certain Statutes c. First it is agreed and established that holy Church shall haue and enjoy all her rights liberties and franchises wholly and without blemish c. The confirmation of Magna Charta with other temporall Laws next follow then c. 13 14 15. three Lawes for paying of Tythes and freeing Clergymen from arrests during their exercising of divine Service The second Parliament in ● Rich. 2. hath the like prologue To the honour of God and holy Church cap. 1 confirmes the franchises liberties of the Church 3. R. 2. C. 1 doth the like c. 3. is a Statute against Provisions from Rome to avoyd Nonresidency to provide for instruction of the people by preaching and reforme many abuses in the Church occasioned by provisions made at the complaints clamors and divers Petitions of the Kings Leige people delivered in divers Parliaments to reforme these abuses 5. R. 2. cap. 1. hath the like preface c. 1. confirmes the Churches liberties 5. R. 32. Parl. 2. c. 5. Is a Statute made at the Clergies motion to suppresse haresies and Errors contrary to the Christian faith and to imprison haeretickes and erronious Preachers till they justifie themselves according to the Law and reason of holy Church 6 Rich. 2. Stat. 1. hath the like prologue and c. 1. Ordaines and accords that our holy Mother the Church of England have all her Liberties whole and unhurt and the same fully enjoy and use 7 Rich. 2. hath the same prologue c. 8. the like confirmation of the Churches priviledges and c. 12. prohibits Provisions from Rome 8 Rich. 2. hath the like preface and enacts in the first chapter That holy Church have all her liberties 9. R. 2. c 4. 5. concerns Ordinaries Priors dative and perpetuall and Preists 10. R. 2. c. 1. saves pontificall dignity and priviledge of holy Church and cleares all in all things aforesaid 11. R. 2. c. 3. declares that Bishops ought not to be present or voting in Parliament in matters of blood 1. 2. R. 2. c. 1. confirmes the Churches liberties Chap. 7. exempts pilgrimes from the punishments of Vagrants and c. 15. prohibits Provisions from any forraign power 13. R. 2. recites That the acts therein passed were to the honour of God and holy Church c. and c. 13. prohibits hunting on holy-dayes and Priests to keepe Dogs who have not livings to a certaine value c. 18 concernes the Bishop and Deane of Lincolne and c. 29. Pilgrimes 13. R. 2. Parl. 2. c. 23. provides for the election of Bishops and all other ecclesiasticall

Common State before all controversies of Religion and causes Ecclesiasticall had beene concluded King Canute in his Parliament holden at Winchester upon Christmas day after sundry Lawes and Orders made touching the faith the keeping of holy Dayes publike prayers learning of the Lords Prayer receiving of the Communion thrice in the yeare the manner and forme of Baptisme fasting and other like matters of Religion in the end thereof saith thus Iam sequitur institutum Legum secularium Now followeth an Order for temporall Lawes Thirdly we see that the Godly Catholique Princes in old times thought is their duty before all other offices of the Common weale first to determine matters of Religion and that even BY THE PARLIAMENTS OF THIS REALME In a Parliament holden by King William the Conquerer it is written thus The King for as much as he is the Vicar of the highest King is therefore appointed for this purpose that he should Rule and defend the Kingdome and People of the Lord and above all things the holy Church c. Hereby it appeareth that Kings and Princes are specially and of purpose appointed by God not only to defend but also to Governe and Rule the holy Churh How be it if any imperfection shall appeare in the former Parliaments we give God thankes for the same that is and trust that for his owne names sake he will confirme what he hath begun The hearts of Princes and determinations of Parliaments are in his hands If any thing want the arme of the Lord is not Shorted he is able to supply the same So our incomperable Iewell enough to satisfie and silence all our Opposites Thomas Bilson Warden and afterwards Bish of Winchester bringing in the Prelates and Iesui●s objecting against our reformed Protestant Religion that it was brought in and ratified not by a Councell and Synod of the Clergy but by the Prince Queene Elizabeth and the Parliament who say they had no power to determine or deliberate of those matters returnes this answer May not the Prince command for truth within hee Realme except your consents be first required and had● May not her Highnes serve Christ in making laws for Christ without your likeing Claime you this interest and prerogative that without you nothing shall be done in matters of Religion by the Laws of God or by the liberties of this Realme By the Lawes of the land you have no such priviledges Parliaments have beene kept by the King and his Barons the. Clergy wholy excluded and their Acts and statutes good And when the Bishops were present their votes from the Conquest to this day were never negative By Gods Law you have nothing to do with making Lawes of Kingdoms or Common wealthes You may teach you may not command persuasion is your part compulsion is the Princes If Princes imbrace the truth you must obey them If they pursue truth you must abide them By what authority then claim you this Dominion over Princes that their laws for Religion shall be voyde unles you consent seeing they are the maintainers establishers and upholders of the faith with publique power and positive Lawes which they and their Parliaments may make without a precedent councel of Clergy men to guid them as he there proves at large by sundry presidents If any Concurre not with me in this undoubted Ecclesiasticall Iurisdiction of Christian Princes and Parliaments after all these pregnant testimonies I must tell them in plaine english they directly violate their late vow and Covenant and symbol●e herein with Jesuites and Popish Prelates whose doctrines they have abjured by their Nationall Covenant and therefore cannot may not ever hereafter emb●ace without the highest Perjury and plaine Apostacy unto Popery I shall finish this Section of the Authority and power of Parliaments in matters of Religion Church-government Discipline and enacting Lawes in all and every of these particulars with some forraigne presidents in the Parliaments Diers Assemblyes of Estats in other Realme republikes Should I now relate unto you the many ecclesiasticall Laws of all sorts made in them I might swell this Treatise into many folio volumes I shal therefore only give you a brief touch catalogue of some few which the Studious may peruse make use of at their leisure For FRANCE you may survey the Decrees of King Childebert debated and agreed by him and his people in a Parliament de quibuscunque conditionibus una cum Optimatibus nostris c. 2. 4. c. 15. For sanctifying the Lords Day prohibiting the dressing of any but necessary food on it all Bodily labour under pecuniary mulcts The ecclesiasticall laws of Charles the great Ludovicus pius Charles the Bald collected into one volum by Abbot Ansegisus Benedictus Levita Lindebrogus others printed with some pettinent additions Parisijs 1640. stiled Capitula Regum Episcoporum Maximeque OMNIVM NOBILIVM FRANCORVM were made GENERALI CONSENSV PIDPLIVM SKORVM ET GENERALI CONSVLTV ET COMMVNI CONCILIO by generall consent of the King Bishops and especially of the Nobles and states of France in Common Councells Parliaments and Assemblies of the estates Who had so great a power in making rejecting Canons ecclesiasticall Lawes that when in the yeare 846. the Bishops of France and their suffragans had in their Synods compiled certaine Canons by the command of Charles the Bald and tendered them to him as he had commanded in Sparna● a Village of the Church of Rhaemes to peruse and approve the King Dissidentibus regni sui PRIMORIBVS ab eorundem episcoporum admonition● by reason that the Nobles and other men of his Realme differed from the Bishops in opinion in most of those Canons the King and Nobles out of all their Canons or Chapters haec tantum observanda complacenda sibi colligerunt Episcopis scripto tradiderunt dicentes NON AMPLIVS DE FORVM CAPJTVLIS ACCEPTASSE QVAM ISTA ET ISTASE VELLECVM PRINCIPE OBSERVARE which were Stiled Captule Regis CAROLI not the Bishops Canons By which it is evident that no ecclesiasticall lawes or Canons could be made in France to bind either Clergy or Laity but such at the King Nobles Parliament and three estates approved and confirmed I shall add to this that Anno 1307. King Philip the 4. of France assembled a Parliament at Paris wherein the Laity of France exhibited 65. Articles against the Clergy to regulate their jurisdiction and abuses which were there largely handled and debated as you may read at leisure in Masters Fox who records the passages very fully in the French Histories What the Parliament Estates in France have done enacted in matters of Religion Church-Government and discipline of ancient and latter times you may read at large in Liurentius Bochellus his Decreta Ecclesiae Gallicaiae in Carolus Molinaeus Contra parvas Datas c. in William Ranchin his Survay of the Councel of Trent but above all in Antonie Fontanon

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

civill Magistrates as you have plentifully done even with some colour of reason as well as insanire cum ratione which is all I shall answer to your reasons Fourthly Hee writes Let Master Prynne Or any other evict mee of any wilfull or unwilfull violation of the priviledges of Parliament and I shall bee as willing as willingnesse it selfe can make me to further such a conviction and no man shall be more ready then I to crave their pardon or undergoe their Justice nay I shall repent my selfe and abhor my errour in dust and ashes Certainely this your promised late Repentance which is yet contingent and improbable after so many publike offronts and oppositions against the power and proceedings of Parliament will bee a very poore recompence and satisfaction for all your former misdemeanors and scandalls to the Parliament yet late repentance being better then none at all I shall now challenge you to make good this your promise since your owne Conscience and judgment cannot but informe you I have written enough in the former Sections to evict and convince you and all the world besides that you have not only violated but denyed oppugned those priviledges of Parliament in Ecclesiasticall affaires which our owne Parliaments in all ages and Parliamentary Assemblies in all other Kingdomes have unquestionably exercised enjoyed without any such publique opposition as you have made against them And if you now make not good your promise few or none will ever credit you hereafter 5ly For the Authors you cite to justifie yourselfe they are miserably wrested and mistaken for the most part The first you quote is Master Edwards who maintaines point blancke against you throughout his Treatise a Legislative and coerceive power in Parliaments and civil Majestrates even in Church-affaires and matters of Religion in the very pages you quote and else where Therefore you palpably abuse the Author and Reader in quoting him to the contrary who is so point-blancke against you For the passage you quote out of his Page 256. The Parliament interposeth no Authority to determine what government shall be whence you inferre p. 7. Therefore his opinion appeares to be either that the Parliament hath No authority or at least intends not to make use of it in determining a government It was written only with reference to that present time the Parliament having at that time when he writ during the Assemblies debate and consultation interposed no Authority to determine what government shall be yet before that it had declared the old prelaticall Lordly government to be abolished and called an Assembly to advise with about a New But to inferre from thence as you doe Therefore his opinion is either that the Parliament hath no Authority or at least intends not to make use of it in determining a Government Is an inference quite contrary to the next ensuing words and pages to the whole scope of the Authors Booke Humbly submitted to the Honourable houses of Parliament contrary to his expresse words p. 138. 281. to all his reasons against Toleration of your Way and to the Parliaments intent in calling the Assembly to assist them in determining and setling a Church-government agreable to Gods word Be ashamed therefore of this grosse perversion of your first Authors passages diametrally contrary to this meaning Your Passages out of Master Hayward Bishop Iewell Master Fox Mr. Calvin Iacobus Acontius Junius Peter Martyr and Gulielmus Appolonius make nothing at all against the Legislative Authority of Parliaments in matters of Religion and Church government and have no a●●inity with your Passages words most of them Bishop Iewel especially as I have already proved vindicating propugning the very ecclesiastical power of Parliaments which you oppugne Indeed some of their words seeme to diminish the Coercive power of Majestrat●s enforcing of mens consciences in matters of Religion which I shal answer in due place and manifest how you abuse the Authors herein as well as Mr. Edwards not hitherto answered by any of your party but how they militat against the jurisdiction of Parliaments in making Lawes touching Religion discipline and Church-government I am yet to seeke For the Passages he aleageth out of the Divines of Scotland That the Prince or Majestrate may not make or publish any Ecclesiasticall Law without the free assent of the Clergy c. That he may not by HIMSELFE define or direct such matters nor make any Lawes therein That the King hath not a Nomotheticke Legislative Power in matters ecclesiasticall in a constitute Church That the ordinary power of the King is not to make Ecclesiasticall Lawes c. I Answer 1. That their only meaning if I mistake not in these passages is that the Prince or chiefe civill Majestrate of HIMSELFE without a Parliament or without the assistance and consent of his Nobles Commons Clergy cannot legally make any ecclesiasticall Lawes to obliege his people upon which reason our Brethren of Scotl. rejected the late New service booke and Canons and our selves the late Canons c Oath which Canterbury wold have obtruded on us because they were made and prescribed only by the Kings Authority and the Prelates or Convocations not the Parliaments upon which very reason the Parliaments of both Kingdomes have respectively adjudged both one and other illegall But that the King or supreame temporall Majestrates assisted by a Parliament and Orthdox Divines may not make binding ecclesiasticall Lawes or that their or our Parliaments have not a reall Legislative power in any matters ecclesiastike the only point controversed is directly contrary both to the constant Doctrine and Practise of our Brethren and their Church used ever since the Reformation to the proceedings of their last Parliaments and generall Assemblies as I have formerly manifested You may therefore blush at this your perverting of their meaning as if they held that the Parliaments of England or Scotland had no power to make Ecclesiasticall Lawes for Religion or Church gouernment when as their Bookes Actions addresses to our present Parliament their presence assistance in our Assembly proclaimes the contrary And the very publique Confession of faith professed and subscribed in their Church Anno 1560 Chap. 14 since confirmed by severall Acts of Parliament doth the like But admit all those Authors really as not one of them is in verity opposite to the Ecclesiasticall Jurisdiction and Legislative power of Parliaments yet the unanimous practise and resolution of all Christian Realmes Synods Parliaments in all ages contrary to their private novell opinions is sufficient infinitly to overbalance them in the Judgements of all prudent men And thus much for Mr. Goodwins Innocencies tryumph as to the present point I shall next apply my selfe to Answer such Objections as my deare Brother Master Henry Burton hath lately made against the premises in his Vindication to my 12. Queeres touching Church-Government my Independency examined His first and principall Objection is this

in the Old and New Testament at hainous sin● and capitall offences punishable in some cases with imprisonment banishment confiscation of goods and death it selfe And on the contrary chearful obedience to them is not only commanded but commended by God Himselfe in by and for whom they rule and command as the marginall Scriptures fully manifest Therefore undoubtedly they binde the Conscience And so all Parliaments Law-givers ever held and believed else they would never take care or pains to enact or publish Lawes Finally Princes Magistrates and Parliaments may and oft-times do prescribe solemn Oathes and Covenants to their people to observe both Gods just Laws and their own to as is clear by the Marginall Texts by 28 H. 8. c. 10. 1 Eliz. c. 1. 3 Jac. c. 4. which prescribe an oath of abjuration of the Popes Authority the oathes of Supremacy and Allegiance with infinite other Acts enjoyning sundry other oathes and by the late Protestation Vow and Nationall Covenant made and imposed upon all by the present Parliament Now these oaths and Covenants do without all controversie binde the Conscience to observance and obedience in the highest degree Therefore questionlesse these their oaths Laws Covenants binde the Conscience els we might with safe Conscience refuse and violate them at pleasure which none dares affirme they may who hath any sparkle of Conscience remaining in him I shall now propound and answer the principall contrary Objections which are these 1. It is contrary to Christian liberty and a plaine tyranny that humane Lawes should obliege the Conscience Christ having freed us from all humane Ceremonies Lawes obligations and the Scripture enjoyning us to stand fast in the liberty wherewith Christ hath made us free and not to be again entangled with the yoake of Bondage Not to be the servants of men Not to be subject to Ordinances as touch not tast not handle not which all are to perish with the using after the commandements and Doctrines of men If therefore humane Lawes should binde the Conscience Christian liberty would be destroyed and tyranny over consciences introduced 1. Answer 1. That it is no wayes repugnant to but very consistent with Christian liberty to be obliged to obey al honest just necessary Lawes all decent and convenient things which may advance Gods glory worship the peace wee le or prosperity of Church State our own felicity and are consonant not repugnant to Gods Law Neither do the objected scriptures extend to such Lawes or Edicts at these 2. That Christian liberty which Christ hath purchased for us is not an exemption or freedome from the obedience of humane Laws but from the dominion and power of sinne the yoake and bondage of the Ceremonial Law abolished by Christs death from the exact performance and condemning power of the morall Law not from obedience to it and from placeing inherent holines o● any matter of Religion worship conscientiousnes in things meerely indifferent in themselves as Mr. Calvin with others who write Deliberitate christiana with most Commentators on the Galathians resolve yet Magistrates may command such things to be done or not done for 〈◊〉 order peace and other publicke ends so as they place no inherent holinesse religion or worship in them and Christians are bound to obey them therein without infringement of their Christian Liberty Thirdly As to the Texts objected The first of them is meant of the Ceremoniall Law and morrall to so farre forth as to seeke justification by it or to be under the rigour and condemning power of it Not of just humane Laws The next is intended onely of● men-pleasers who flatter men in their lusts pleasures errors or obey their unjust commands repugnant to the will of God not of obeying the just Lawes or precepts of Kings Parliaments Magistrates Parents Masters and other superiors for then there shall be no servants no subjection or obedience at all to superiors in this world and this Text should repeale the 5. Commandement with all other precepts of obedience given to subjects wives children servants if thus expounded For that of the Colossians 2. 20 21 22. it appeares by verse 14 15 16 17 c. that it is spoken onely of the Ceremoniall Law and of that Ceremonial holynes or intrinsicall uncleannes which some did put between meats and drink●s which were indifferent in themselves as is most cleare by comparing it with Acts 10. 10. to 16. Rom. 14. 2 3 to 23. 2 Cor. 8. 1 Tim. 4. 3 4 5. Therefore it makes nothing against the Ecclesiasticall or Civill Lawes of Princes and Parliaments who may command abstinence from flesh and such particular things creatures at certaine times for lawfull civill ends which we are obliged to obey though not out of any religious or superstitious respect as if the creature it selfe were unlawfull at such times by any divine precept or in its owne nature our Statutes and Homylies concerning Fishdayes define The second Objection is this That the civill power is temporall and the end of civill Lawes externall or temporall peace and order Therefore they binde not the Conscience I Answer That the end of Ecclesiasticall Lawes is not meerly temporall but spirituall and Ecclesiasticall Therefore the objection is not solid 2ly Admit the power he but temporall inregard of the object or end yet internall and outward obedience to those Laws is the principall thing intended in them which none can with safe conscience deny where the Laws are just necessary The third is That Magistrates Parliaments and their Lawes have nothing to do with mens consciences which they cannot judge or discerne but onely with th●● outward actions Therefore they cannot binde the conscience I answer that though Majestrats have nothing to do with nor can judg of mens consciences or opinions simply considered in themselves concealed yet they have to do withal their external actions flowing from regulated by their consciences and opinions Therefore they may binde the conscience as it is Practicall punish Atheists Heritickes Papists Idolaters when they openly appear to be such 2ly The very Law Of God hindes the conscience to obey all iust commands of higher powers therefore such commands even by vertue of Gods owne precept oblige the conscience to internall obedience as wel as the body to externall The 4th is That Princes and temporall Majestrates cannot inflict inward and spirituall but only temporall and externall punishments Therefore they cannot binde the conscience I Answer that men may binde and deliver others over to such punishments as they cannot immediatly inflict The Church may deliver men over even for ecclesiasticall offences to the secular power which they cannot exercise and to temporall punishment which they cannot inflict yea they may deliuer a● they hold men ever unto Sathan and to the judgement of God at the last day which they cannot actually execute Majestrates doe frequently punish the

to abate this windy tumour consider with themselves that all their greatnesses piled together in a generall or Nationall Synod though steepled with the Popes owne Chaire and three-forked Miter cannot so much as treat of debate dispute determine any Church-affaires much lesse constitute or promulge any new Ecclesiasticall Lawes Canons Articles Ceremonies Rites c. without the previous licence and permission of those temporall Princes and Powers that summon them nor yet exercise any manner of Ecclesiasticall jurisdiction whatsoever more then the poorest Vicar and Curate breathing that is a Minister lawfully ordained without the Kings Letters Patents or Commission authorizing them which erected their Bishopricks Diocesse and Episcopall jurisdiction at the first and must still support them else they will fall to utter ruine and then all their pretended claimes and crackt title of jus divinum with all Independents Anabaptists Brownists Anti-monarchicall Anti-parliamentall fancies concerning the jurisdiction and authority of their Independent Congregations opposite to the premises will vanish into ayre If any deeme the premised power of Christian Princes and Civill Magistrates in limiting Synods and Councels thus to be derogatorie to the lawfull authority of Bishops Ministers Synods or Independent Churches Ianswer that it is not so forthese ensuing reasons First because the chiefe care of preserving the purity of Gods Worship Ordinances Religion the Churches peace prosperity and of suppressing all heresies errours schismes corruptions superstitions contrary thereunto is committed to Christian Princes and supreme temporall Magistrates both by the Lawes of God the constant acknowledgment use practice constitutions lawes canons of all Christian Empires Kingdomes Councels Synods in all ages and the Coronation-Oaths of all Emperours Kings Princes in the Christian World which oblige them to discharge this trust as the subsequent Sections will abundantly manifest Therefore the power of directing Synods Councels in debating matters of controversie making Lawes Canons c. concerning all or any of the premises and the confirming of them ought principally to belong to them Secondly because Christian Emperours Kings Princes are the supreme heads and Governours under Christ in and over all Ecclesiasticall persons Assemblies Synods Councels Churches within their owne Dominions as well as temporall and our Kings of England are declared to be such by severall Acts of Parliament by the Oaths of supremacy and Allegeance which all ought to take within their respective Dominions Therefore they ought of right to direct and order all manner of proceedings in such Ecclesiasticall Assemblies Synods it being the duty and just right of every Naturall and Politicke head to direct the members as of the head of the family to regulate and direct the family wife c. by way of authority or jurisdiction not they the head Thirdly because the Bishops and Clergy of our owne and other Realmes have no Legislative power or other Ecclesiasticall authority vested in them by the Word of God but onely to preach the Word administer the Sacraments and to binde or loose mens sinnes declaratively by preaching or applying the Gospel to them according as they finde them penitent or obstinate in their sinfull courses and no more of other Ecclesiasticall jurisdiction then what is derived to them by our Kings and the Lawes of this our Realme as is resolved in these expresse termes by the Statute of 37. H. 8. c. 17. The Arch-bishops Bishops Arch-deacons and other Ecclesiasticall persons of this Realme have no manner of Iurisdiction Ecclesiasticall but by under and from the Kings royall Majestie the onely and undoubtea supreme head of the Church of England and Ireland to whom by holy Scripture all authority and power is wholly given to heare and determine all manner of causes Ecclesiasticall and to correct all vice and sinne whatsoever and to such persons as his Majestie shall appoint thereunto And by the Statute of 1. Ed. 6. c. 2. in these words That all jurisdiction spirituall is derived and deducted from the Kings Majestie to all Bishops and Ecclesiasticall persons within England and Ireland as supreme head of these Churches and Realmes of England and Ireland and so instly acknowledged by the Clergie of the said Realmes and that all Courts Ecclesiasticall within the said two Realmes be kept by no other power or authority either forraigne or within the Realme but by the authority of his most Excellent Majesty whereupon it enacts That all their Processe shall issue out under the Kings Seale and in his Name and Stile as in Writs originall and judiciall at the common Law with which sundry other Acts of Parliament concurre Now the Kings and Lawes of this our Realme have given the Clergie assembled in Councels Synods and Convocations no other but such a limited power and authority as is expressed in the fore-cited Statutes of 25. H. 3. c. 19. 27. H. 8. c. 15. and mentioned in the premises Therefore they neither can challenge nor pretend to claime any other but such a limited and confined authority the rather because they are assembled to such meetings as our Assembly is now onely as advisers and assistants not as Judges or Law-givers Therefore the keeping of them to the fore-mentioned limits can neither be an infringement or eclipsing of their just priviledges or Christian liberty Fourthly because every particular Christian is to try the spirits doctrines and determinations of Ministers by the Scriptures whether they are of God or not and to beware yea judge of false Teachers doctrines and no wayes to receive them as the Marginall Texts abundantly evidence and all Orthodox Divines assert Much more then are Christian Princes the chief Defenders of the Christian faith to judge and determine of them therefore to give particular directions to and in all Synods Councels how to proceed and what to treat of for suppressing false Teachers Heresies Schisms Errours advancing Religion Truth unity and sincerity of Gods Worship within their territories and Churches Fifthly because every soule as well Bishops Ministers and all other Ecclesiasticall persons as temporall subjects is and ought to be subject to Christian Princes and the highest temporall powers who are to provide for their spirituall as well as their temporall welfare Therefore they ought to be regulated and directed by them when assembled by their Writs in Councels or Synods for their spirituall good SECT 3. Of Confirming Ratifying the Canons Decrees and Resolutions of Councells Synods by Christian Princes Peers Parliaments before they become valid or obligatory Of the Presence and Power of Christian Princes Nobles and other Lay-men in Councells That many or most Councells Synods in ancient and latter times especially in England were in truth meere Parliaments wherein Christian Princes Nobles Senators and Lay-men met and voted as well as Bishops and other Ecclesiasticall persons And that no Canons Lawes Articles concerning Gods Worship Religion Church-Government Ceremonies were ever lawfully prescribed or imposed on any Subjects of our Realme but

HERETIQVES limiting the maner of proceeding against them defining what shal be heresie how it shall be punished and abridging the Authority of the Bishops and Canon Law ch 16. concernes Pluralities ch 19. containes the submission of the Clergy Convocation to the King declares the Kings supremacy in causes Ecclesiasticall the impotency of the Clergy or Convocation to make or promulge any Canons or Ecclesiasticall constituti●ns or to debate any thing in Convocation without his Royall Lycence and approbation The Nullity and invalidity of the Canon Law abolisheth all appeales to Rome and Authorizeth 32. persons whereof halfe to be of the Clergy the other halfe of THE LAITY to survay the Canon Law and to compile a body of the Canon Law to be authorized by the King under his Great Seale by vertue of this Act for to be the only Canon Law to be used within this Realme Chap. 20. takes away the payment of any Annates o● first fruits to the Bishop of Rome nullifies his usurped power and Buls settles the forme of electing and consecrating Archbishops and Bishops within this Realme and plentifully manifests the Kings and Parliaments Jurisdictions in Ecclesiasticall affaires chap. 21. doth the like exonerating the Kings Subjects from all exactions and Impositions heretofore payed to the Sea of Rome and enabling the Archbishop of Canterbury and his Officers to grant all Licences and dispensations within the Realme which were formerly granted at Rome only The Statute is worthy perusall consideration fully demonstrating the power of the Parliament in Church affaires 26. H. 8. c. 1. declares the Kings Highnesse to be supreme head of the Church of England under Christ making it a part of his Royall Title and to have Ecclesiasticall authority to redresse and reforme all Errors Heresies and abuses in the Church punishable by any spirituall or ecclesiasticall Law Chap. 3. enacts The payment of the first fruits of all Dignities Benefices promotions spirituall and tenthes to the King and his Heires abolishing the Popes usurpations and authority herein ch 13. abolisheth sanctuarie in cases of High Treason ch 14. Authorizeth the nomination and consecration of suffragan Bishops in sundry places of this Realme and both creates and limits their authority chap. 15. takes away some exactions of spirituall men within the Archdeaconry of Richmond 27. H. 8. c. 8. limits that the Kings spirituall Subjects shall pay no Tithes whiles they are in their first fruits ch 15. authorizeth the King to nominate 32. persons halfe of the Clergy the other of the Laity for the perusall and making of Ecclesiasticall Lawes and manifests the Convocations invalidity to make such lawes or Canons ch 19. Limiteth and abolisheth Sanctuaries and sanctuary persons ch 20. containes an Order touching the paying of Tithes throughout the Realme ch 21. Limits the maner of payment of Tythes within the City of London ch 27. suppresseth divers Monasteries Priories and Religious Houses vesteth their revenues in the King and erects the Court of Augmentations 28. H. 8. ch 10. extinguisheth thes authority of the Bishop of Rome prescribes an Oath of abjuration of it and Popery together with the Popes usurpations and excellently sets forth the Kings supreamacy the Parliaments authority in matters ecclesiasticall as you may read in the Act worthy perusall ch 11. enacts Restitution of the first fruits in time of vacation to the next incumbent ch 13. compells spirituall persons to residence upon their livings ch 16. Releaseth such as have obtained pretended Licences and dispensations from the Sea of Rome 31. H 8. c. 6. enables such as were Religious persons to purchase lands to sue and be sued in al maner of Actions which they were disabled formerly to do by the Common Canon Law ch 9. Enables the King to make Bishops by his Letters Patents only and to erect new Bishopricks which he did ch 13. disolves all Monasteries and religious Houses and vests them in the King wherein you may behold much of the Kings and Parliaments power in Church businesses ch 14. For abolishing of diversity of opinions in matters of Religion most fully and exactly demonstrates the Kings and Parliaments jurisdictions in matters of Religion as the whole Act sufficiently manifests though the Articles therein defined were erronious and the Act too cruell and bloudy 32. H. 8. cap. 8. provides for the true payment of Tythes and offerings chap. 10. containes the punishment of incontinent Priests and of women offending with them ch 12. concernes Sanctuaries and the priviledges of Churches and Church-Yards ch 15. prescribes the manner of proceeding against Heretickes and impugners of the Act for abolishing of enormious opinions in Christian Religion chap. 23 24. concernes Accounts of Bishops and subsidies granted by the Clergie chap. 25. Dispences the Kings marriage with the Lady Iane chap. 24. Dissolves the Hospitalls of Saint Johns of Ierusalem in England and Ireland for supporting and maintaining the supremacy and jurisdiction of the Bishop of Rome contrary to their duty and Allegiance chap. 26. Intitled An act concerning true opinions and Declaration of Christs Religion is most pregnant to our present purpose which you may peruse chap. 38. Concerning precontracts of marriages and degrees of consanguinity is likewise a most punctuall Act for the Kings and Parliaments Ecclesiasticall power and chap 44. 45 47. good evidences of it 33. H. 8. chap. 15. 27 28 29 30 31 32. Enabling Religious persons to sue and bee sued severing the Bishopricks of CHESTER and Isle of MAN from the jurisdiction of CANTERBURY to the See of Yorke making the Church of Whitgate a Popish Church by it selfe and severing it from the Parish of Over which I wish our Independents to observe and to learne from this and other Acts that no new Churches or Parishes can be erected legally but by act of Parliament which none of their Churches are 34. and 35. H. 8. c. 1. intituled An act for The advancement of true Religion and For the abolishing of the contrary is most pertinent to our purpose and c. 15. 17 19 35. H. 8. c. 9. for ratification of the Kings stile and Title of Defender of the Faith and supreame head of the Church of England and Ireland ch 6. Concerning the qualification of the Statute of the 6. Articles c. 16. concerning the examination of the Canon Lawes by 32. persons halfe of the Clergie and halfe of the temporalty to be named by the Kings Majesty during his life to compile a body of the Canon Law to bee used in the Realme 37. H. 8. c. 4. 12. but especially ch 17. That Doctors of civill Law may execute Ecclesiasticall jurisdiction though Laymen and married a Law worthy reading and chap. 21. For the union of Churches not exceeding the value of 5l which could not be done but by Act of Parliament are all most pregnant evidences of the Kings and Parliaments indubitable Ecclesiasticall jurisdictions in matters of Discipline Religion Church-government and all Church affaires whatsoever The Statutes made in King

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.

keeping the Commandements of the first and second Table the advancement of Gods Honour and Service the propagation of the Gospell the peace and well ordering of the Church State Family the performance of the externall publike or private exercises of Religion Or to avoyd scandalls Schismes Errors Innovations Corruptions in the Church or to bring men to the Ordinances and knowledge of the truth doe of themselves binde the Conscience at least in generall because they tend to the observation of the morall Law which wee are bound in Conscience to obey That particular civill and Ecclesiasticall Laws wherby the temporall Law givers not only signifie what is to be done but likewise seriously intend to command it and to obliege the infringers to an offence doe in particular and by themselves bind the Conscience under paine of sin and offence of God That other particular Lawes may bind the Conscience though not of themselves in regard of the thing commanded yet by accident when by their violation the Order Peace or government of the Church or State is disturbed the authority of the Law-givers and Magistrates dispised or just scandall given to the Church State or any weake brethren The Arguments to prove these positions follow 1. Those Laws to which men must be obedient and subject even for Conscience sake and that by Gods own command must necessarily binde the Concience But to such Ecclesiasticall and Civill Lawes as are sore-specified men must bee obedient and subject not only for wrath but even for Conscience sake Rom. 13. 1 2 5. Therefore they must necessarily binde the Conscience 2. Those Lawes whose violation drawes both a temporall and spirituall offence guilt and condemnation upon the infringers of them must needs obliege the conscience because conscience is sensible of the offence or sinne committed and dreads the punishment of it But the violating of such humane Laws as are forementioned drawes both a temporall and Civill Offence Guilt and judgment upon men as the Apostle yea every mans Conscience and experience determines Ergo they binde the Conscience Those Lawes and Ordinances which God Himselfe enjoynes us to obey even for the Lords sake must of necessity bind the Conscience to ready obedience because God Himselfe the Soveraigne and supreame Lord of the Conscience commands us to obey them But God Himselfe enjoynes us to obey the foresaid Lawes and Ordinances of men even for the Lords sake Romans 13. 1 3 5. 1 Pet. 2. 14 15 16. Ergo they bind the Conscience 4. Every Supreame Power Lawgiver Magistrate in commanding such things and making such Laws as aforesaid is but Gods owne Deputy Ordinance Minister Vicegerent in obeying whom wee obey and in contemning whose Edicts we contemne even God Himselfe from whom they derive their Authority Rom. 13. 1 2. 1 Pet. 2. 14 15 16. Ephes 6. 5 6 7. Col. 3. 22 23 24. Therefore their just Laws must needs oblige the Conscience as being in some sence the very Ordinances and Lawes of God Himselfe according to that resolution of Saint Bernard Sive Deus sive homo Vicarius Dei mandatum quodcunque tradiderit pari profecto obsequendum est cura pari reverentia deferendum ubi tamen Deo contraria non praecipit homo Which Augustine thus seconds In eare sola filius non debet obedire Patri suo si aliquod Pater ipsius jusserit contra Dominum Deum ipsius Ubi enim hoc jubet Pater quod contra Dominum non sit sic audiendus est quomodo Deus quia obedire Patri jussit Deus which he proves by Gods blessing of the RECABITES for obeying their Fathers command in not drinking Wine Jer. 25. Vpon this very ground Wives are commanded to submit themselves to their owne Husbands as UNTO THE LORD To bee subject to them in every thing as the Church is to Christ Eph. 5. 22 24. Col. 3. 8. Servants are commanded to bee obedient to their Masters according to the flesh with feare and trembling and singlenesse of heart as unto Christ Not with eye service as men pleasers but as the servants of Christ doing the will of God from the heart with good will doing service as Vnto the Lord not to men knowing that whatsoever good thing any man doth he shall receive from the Lord for YEE SERVE herein THE LORD CHRIST If servants in obeying their Masters Children their Parents Wives their Husbands lawfull commands serve and obey the Lord Christ Himselfe as the Scripture positively resolves then Christian subjects and Churches in obeying the lawfull Ecclesiasticall or Civill Lawes of their Princes and Parliaments obey and serve Christ Himselfe therein and so doe they who enact them and not commit the highest presumption that can bee against the most Highest as my Brother objects without any authority but with his Ipse dixi Fifthly Paul did endeavour and exercise himselfe to keepe a good Conscience alwayes both towards God and Man by obeying the just Laws and commands of man as well as of God as some Interprets expound it Acts 24. 16. Yea Peter commands servants to be subject to their Masters with all feare not only to the good and gentle but also to the froward and even for CONSCIENCE TOWARDS GOOD to endure griefe and suffer wrongfully from them and by the 1 Peter 3. 16. We are injoyned to have a GOOD CONSCIENCE Towards men who speake evill of us Whence thus I argue If a good Conscience must bee carefully exercised and kept as well toward the lawfull precepts and lawes of Man as of God then certainly they binde the Conscience as well as the Law of God else what had conscience to do with them But the supposition is most evident by the former texts Therefore the deduction thence Sixthly If such Lawes should not bind the conscience and inward man to the cheerfull practicall obedience of them but only the purse and outward man the obedience to them would bee lame or slavish the Lawes Nugatory and contemptible the end of the Laws which is cheerefull obedence to them for the advancement of Gods glory and the publike good of Church and State frustrated and the contempt of them no sinne at all against the fifth Commandement and the precepts of obedience to the higher Powers Magistrates and Rulers over us as all Expositors on the 5th Commandement resolve it is 7. The violating of such just Civill and Ecclesiasticall Lawes as these will cause violating whereof a tender true in lightned conscience will checke a man for and accuse him as guilty of an offence Therefore They must certainely oblige the Conscience else it would not checke at such a violation and acquit and cheere a man in case of ready Obedience as every mans experience can attest if hee narrowly watch his conscience in case it be not feared Eighthly Disobedience to the just edicts Lawes of Magistrates Governours Parents Naturall Civill or Ecclesiasticall are particularly branded both

liberty left them to elect what civil government they by publique consent shall deem most convenient provided it be generally agreeable to Gods Word which hath prescribed generall rules applicable to all civill Governments actions as well as Ecclesiasticall and spirituall though no one Government in particular And why the Government of the CHVRCH MILITANT should be more particularly uniformly unalterably said down in scripture then the Government of Christian Kingdoms Nations states under the Gospel which leaves both of them equally undetermined since both of them were alike limited among the Israelites under the Law no rational man cangive any solid reason Christ being King of Kings Lord of Lords yea a great King over all the Earth the only Potentate and Lord of Kingdoms Nations Republiques and of mens bodyes estates as well as KING and Lord of his Church Saints or of mens soules and consciences 9ly There was not only one uniforme Church-government at first under the Gospell in all Churches no not in the Apostles times for in the originall gathering and planting of the Christian Churches they had at first only Apostles Brethren no Elders or Deacons After that their Churches increasing they proceeded to elect ordain Deacons in the Churches of Ierusalem and afterwards some other Churches though not in all for ought we read Not long after the Apostls ordained Elders in Churches which had none at first after that Widowes in some Churches not in all In the primitive Churches some Congregations had Apostle s Evangelists Prophets workers of miracles Healers by miraculous extraordinary gifts of healing men endued with diversities of Tongues Interpretation of Tongues GOVERNMENTS that is men gifted with an extraordinary faculty of Governing Churches all which the Scriptures many Divines distinguish Other Churches at that time had none of these Officers or members and all Churches have beene deprived of them since those dayes these Officers not being perpetuall but temporary as all acknowledge though Christ might have continued a succession of them still had he pleased Therefore the Government and Officers of all Churches not being de facto one and the selfesame in all particulars in the very Primitive times as well as since it can never be proved to be of divine right but one the sel same in al succeeding ages without the least variation since it was not so in the Apostles days 10ly The Apostles speech 1. Cor. 12. 4 5. 6. c. There are diversities of gifts but the same spirit and there are differences of administrations but the same Lord and there are diversities of operations but the same God which worketh all in all compared with v. 8. to 13. ch 9. v. 19. to 24. I made my selfe servant unto all that I might gaine all And unto the Jew I became as a Jew that I might gaine the Jew to them that are under the Law as under the Law that I might gaine the Jew to them that are under the Law To them that are without Law as without Law that I might gaine them that are without Law To the weake I became as weake that I might gaine the weake I am made all things to all men that I might by all meanes save some paralleld with Acts 15. 1. 2. 5. 6. to 32. Ch. 21. 18. to 30. by which it is evident that many Churches of the Iewes and those in Jerusalem did still rotain the use of Circum●ition purification other Iewish Rites Ceremonies which the Churches of the Gentiles by the Apostles owne resolutions WERE NOT TO OBSERUE And with Acts c. 2. to cap. 22. where it expresly appeares that the Apostles and other Christians equally frequented the Iewish Temple Synagogues conforming themselves to the Orders discipline thereof and their owne private Assemblie Cougregations consisting all of professed Christians Wil expresly clear it that all particular Churches Congregations in the Apostles times had not one and the selfe same Church-government Orders Ceremonies Therefore it is most cleare there is no such uniforme general government or discipline necessarily prescribed in the Gospel unto al without the least variation as is objected Eleventhly It must be granted to me till disproved that before the Law from Adams Creation till Moses there was no one universall set forme of Church Government and discipline enjoyned to be observed by all the world from which none might vary in any particular That under the Law it selfe there was one forme of Government Worship Discipline Ceremonies and Solemnities to be observed in the Wildernesse another in the Lind of Canaan One forme in and under the Tabernacle revealed by God described by Moses another in and under the Temple shewed by God and appointed by David and Salomon Yea the second Temple and its Ornaments services differed somwhat from the first and all of them expired when the Gospell came If then there were no one universall constant forme of Church-Government Discipline before and under the Law it selfe then by parity of reason till direct Scripture proofes be produced to the contraty there neither is nor can be any such under the Gospell Twelfthly The Scripture as all must acknowledge gives not many particular but mostly generall Rules for the Government and regulating of our thoughts words actions lives Children Servants Families callings the fashion of our apparell gestures eating drinking sleep c. Yea the promises and threatnings in it are for the most part generall and indefinite yet applyable to every particular person and occasion If then there be for the most part only generall Rules precepts which admit some Latitude and variety in particulars prescribed to us for the very ordering and regulating of our thoughts words actions lives apparell meat drinke c. Then certainely there are but generall Rules and Precepts given us for the Government Discipline of the Churches which admit varieties of Government discipline in sundry particulars so as they agree in the generall with the Word and bee not repugnant to it as well as the generall Rules for regulating our words thoughts actions conversations callings apparell meat drinke and family Governments admit of variety which more immediately concerne every man then the more remote and generall Government of the Church But against this my Brother Burton Objects 1. That God in the Old Testament did give this charge to Moses See that thou doe all things according to the patterne shewed thee in the Mount Hee must not vary ONE PIN And when the Temple was built God was so exact in this that he would not leave it to David himselfe though both a King and a Prophet and a man after Gods owne heart to set up what worship he pleased in the Temple but God gave him an exact patterne of all and that not only by his Spirit but in writing that he might neither adde to nor omit IN THE LEAST TITLE 1 Chron. 28. And it was never left