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A43547 Parliaments power in lawes for religion, or, An ansvvere to that old and groundles [sic] calumny of the papists, nick-naming the religion of the Church of England, by the name of a parliamentary-religion sent to a friend who was troubled at it, and earnestly desired satisfaction in it. Heylyn, Peter, 1600-1662. 1645 (1645) Wing H1730; ESTC R200234 30,417 44

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also for the lawfull Rites Ceremonies and observation of Gods service within this Realme This was in the yeare 1540. at what time the Parliament was also sitting of which the King was pleased to make this especiall use that whereas the worke which was in hand I use againe the words of the Statute required ripe and mature deliberation and was not rashly to be defined and set forth and so not fit to be restrained to the present Session An Act was passed to this effect that all Determinations Declarations Decrees Definitions and Ordinances as according to God's Word and Christs Gospell should at any time hereafter be set forth by the said Archbishops and Bishops and Doctors in Divinity now appointed or hereafter to be appointed by his Royall Majesty or else by the whole Clergy of England in and upon the Matter of Christ's Religion and the Christian Faith and the lawfull Rites Ceremonies and observations of the same by his Majesties advice and confirmation under the Great Seale of England shall be by all his Graces Subjects fully beleeved obeyed observed and performed to all purposes and intents upon the paines and penalties therein to be comprized as if the same had beene in expresse words and sentences plainly and fully made set forth declared and conteined in the said Act. 32. of H. 8. c 26. Where note that the two houses of Parliament were so farre from medling in the matter which was then in hand that they did not so much as require to see the determinations and Decrees of those learned men whom his Majesty had then assembled before they passed the present Act to binde the subject fully to beleeve observe and performe the same but left it wholly to the judgement and discretion of the King and Clergy and trusted them besides with the ordaining and inflicting of such paines and penalties on disobedient and unconformable persons as to them seemed meete This ground worke laid the worke went forwards in good order and at last being brought unto as much perfection as the said Archbishops Bishops and other learned men could give it without the cooperation and concurrence of the Royall assent it was presented once againe to the King's consideration who very carefully perused it and alterd many things with his owne hand as appeareth by the booke it selfe still extant in the famous Library of Sir Robert Cotton and having so altered and corrected it in some passages returned it to the Arcbishop of Canterbury who bestowed some further paines upon it to the end that being to come forth in the Kings name and by his authority there should be nothing in the same which might be justly reprehended The businesse being in this forwardnesse the King declares in Parliament An. 1544. being the 34 yeare of his Reigne his zeale and care not only to suppresse all such bookes and writings as were noysom and pestilent and tended to the seducing of his subjects but also to ordaine and establish a certaine forme of pure and sincere teaching agreeable to Gods Word and the true doctrine of the Catholick and Apostolick Church whereunto men may have recourse for the decision of some such controversies as have in times past yet doe happen to arise And for a preparatory thereunto that so it might come forth with the greater credit he caused an Act to passe in Parliament for the abolishing of all bookes and writings comprizing any matters of Christian Religion contrary to that doctrine which since the yeare 1540. is or any time during the Kings life shall be set forth by his Highnesse and for the punishment of all such and that too with most grievous paines which should preach teach mainteine or defend any matter or thing contrary to the booke of Doctrine which was then in readinesse 34.35 H. 8. c. 1. Which done he caused the said booke to be imprinted in the yeare next following under the Title of A necessary Doctrine for all sorts of people prefixing a Preface thereto in his owne Royall name to all his faithfull and loving Subjects that they might know the better in those dangerous times what to beleeve in point of Doctrine and how they were to carry and behave themselves in point of practice which Statute as it is the greatest evidence which those times afford to shew that both or either of the houses of Parliament had any thing to doe in matters which concern'd Religion so it entitles them to no more if at all to any thing then that they did make way to a booke of doctrine which was before digested by the Clergy only revised after and corrected by the Kings owne hand and finally perused and perfected by the Metropolitan And more than so besides that being but one swallowe it can make no summer it is acknowledged and confessed in the Act it selfe if Poulton understand it rightly in his Abridgement that recourse must be had to the Catholick and Apostolick Church for the decision of Controversies Which as it gives the Clergy the Decisive power so it left nothing to the Houses but to assist and ayde them with the Temporall sword when the Spirituall Word could not doe the deede the point thereof being blunted and the edge abated Next let us looke upon the time of king Ed. 6. and we shall find the Articles and Doctrine of the Church excepting such as were conteined in the booke of Common-Prayer to be composed confirmed and setled in no other way than by the Clergy only in their Convocation the kings authority cooperating and concurring with them For in the Synod held in London An. 1552. The Clergy did compose and agree upon a booke of Articles conteining the chiefe heads of the Christian Faith especially with referrence to such points of Controversie as were in difference betweene the Reformators of the Church of England and the Church of Rome and other opponents whatsoever which after were approved and published by the Kings authority They were in number 41 and were published by this following Title that is to say Articuli de quibus in Synodo London An. 1552. ad tollendum opinionum dissentionem et consensum verae Religionis firmandum inter Episcopos alios Eruditos viros convenerat Regia Authoritate in lucem Editi And it is worth our observation that though the Parliament was held at the very time and that the Parliament passed severall Acts which concerned Church-matters as viz. An Act for uniformity of Divine Service and for the confirmation of the booke of Ordination 5. 6. Ed. 6. c. 1. An Act declaring which daies only shall be kept for holy-dayes and which for fasting dayes c. 3. An Act against striking or drawing weapon either in the Church or Church-yard c. 4. and finally another Act for the legitimating of the marriages of Priests and Ministers c. 12. yet neither in this Parliament nor in that which followed is there so much as the least syllable which reflects this way or medleth any
Parliaments Power In Lawes for RELIGION OR AN ANSVVERE To that old and groundles Calumny of the Papists nick-naming the Religion of the Church of England by the name of a Parliamentary RELIGION Sent to a freind who was troubled at it and earnestly desired satisfaction in it OXFORD Printed by HENRY HALL Printer to the UNIVERSITIE 1645. The Preface SYR AT my being with you last you seemed to bee much scandalized for the Church of England You told me you were well assured that her Doctrine was most true and orthodox her Government conform to the word of God and the best Ages of the Church her Liturgy an Extract of the Primitive Formes Nothing in all the whole composure but what did tend to edification and increase of Piety But that you were not satisfied in the waies and meanes by which this Church proceeded in her Reformation That you had heard it oft objected by some Partisans of the Church of Rome that our Religion was meere Parliamentarian or as Doctor Harding said long since That we had a Parliament-Religion a Parliament-Faith and a Parliament-Gospell to which Sanders and some others added That we had none but Parliament Bishops and a Parliament-Clergy That you were apt enough to think the Papists made not all this noise without some ground for it in regard you see the Parliaments in these latter times so bent to catch at all occasions whereby to manifest their power in Ecclesiasticall matters And finally that you were heartily ashamed that being so often choaked with these objections you neither knew how to traverse the Inditement or plead not guilty to the Bill This was the sum of your Discourse and upon this you did desire me to be think my selfe of some fit plaister for this sore to satisfie you if I could of your doubts and jealousies assuring me that your desires proceeded not from curiositie or an itch of knowledg or out of any disaffection to the high Court of Parliament but meerly from an honest zeale to the Church of England whose credit and renown you did far prefer before your life or whatsoever else could be deere unto you adding withall That if I would take paines for your satisfaction and help you out of those perplexities which you were involved in I should not only doe good service to the Church it selfe but to many a wavering Member of it whom these objections mainly stagger in their Resolution In fine that you desired to be informed how far the Parliaments of England have been interessed in the former times in matters which concern Religion and God's publique worship what ground there is for all this clamour of the Papists and whether the two Houses or eyther of them have exercised of old any such authority in things of Ecclesiasticall and Spirituall nature as they now pretend to VVhich though it be a dangerous and invidious Subject as the times now are yet for your sake and for the truths and for the honour also of Parliaments which seeme to suffer much in the accusation I shall undertake it Premising first that I intend not to say any thing to the point of Right whether or not the Parliament may lawfully meddle in such matters as concern Religion but shall apply my selfe only unto matters of fact as they relate unto the Reformation here by Lawe established And for my method in this businesse I will begin with the Ejection of the Pope and his authority descending next to the Translation of the Scriptures into the English tongue and the Reformation of the Church in Doctrinals and Formes of Worship and so proceed unto the power of making Canons for the well ordering of the Clergy and the direction of the people in all such particulars as doe concern them in the exercise of their Religion And in the canvasing of these points I shall make it good that till these busie and unfortunate dayes in which every man intrudeth on the Preistly function the Parliaments did not any thing at all either in matters Doctrinal or in making Canons or in translating of the Scriptures and that concerning Formes of Worship they did nothing neyther but strengthen and establish what was done before in the Clergy-way by adding the Secular authority to the Constitutions of the Church according to the usage of the best and happiest times of Christianity PARLIAMENTS POWER in Lawes for Religion 1. Of the Ejection of the Pope AND first beginning with the Ejection of the Pope and his authority that led the way unto the Reformation of Religion which did after follow It was first voted and decreed in the Convocation before ever it became the subject of an Act of Parliament For in the yeare 1530. 22o H. 8. the Clergy being caught in a Premunire were willing to redeeme their danger by a summe of money and to that end the Clergy of the Province of Canterbury bestowed upon the king the summe of 100000 pounds to be paid by equall portions in the five yeares following But the king would not so be satisfied unlesse they would acknowledge him for the supreme head on Earth of the Church of England which though it was hard meate and would not easily downe amongst them yet it passed at last For being throughly debated in a Synodicall way both in the upper and lower houses of Convocation they did in fine agree upon this expression Cujus Ecclesiae sc. Anglicanae singularem Protectorem unicum et supremum Dominum et quantum per Christi leges licet supremum Caput ipsius Majestatem recognoscimus To this they all assented and subscribed their hands and afterwards incorporated it into the publique Act or Instrument which was presented to the King in the name of his Clergy for the redeeming of their error and the graunt of their money which as it doth at large appeare in the Records and Acts of the Convocation so is it touched upon in an Historicall way in the Antiq. Britan Mason de Minist. Anglic. and some other Authors by whom it also doth appeare that what was thus concluded on by the Clergy of the Province of Canterbury was also ratified and confirmed by the Convocation for the Province of Yorke according to the usuall custom save that they did not buy their Pardon at so deare a rate This was the leading Card to the game which followed For on this ground were built the Statutes prohibiting all Appeales to Rome and for determining all Ecclesiasticall suites and controversies within the Kingdome 24. H. 8. c. 12. That for the manner of Electing and Consecrating of Archbishops and Bishops 25. H. 8. c. 20. and the prohibiting the payment of all impositions to the Court of Rome and for obtayning all such Dispensations from the See of Canterbury which formerly were procured from the Popes of Rome 25. H. 8. c 21. which last is built expresly upon this foundation That the King is the only supreme Head of the Church of England and was so recognized by the Prelates
and Clergy representing the said Church in their Convocation And on the very same foundation was the Statute raised 26. H. 8. c. 1. where in the King is declared to be the supreme head of the Church of England to have all honors Preeminencies which were annexed unto that Title as by the Act it selfe doth at full appeare which Act being made I speake it from the Act it selfe only for corroboration and confirmation of that which had beene done in the Convocation did afterwards draw on the Statute for the Tenths and First-fruits as the point incident to the Headship or supreme authority 26. H. 8 c. 3. The second step to the Ejection of the Pope was the submission of the Clergy to the said K. Henry whom they had recognized for their supreme Head And this was first concluded on in the Convocation before it was proposed or agitated in the houses of Parliament and was commended only to the care of the Parliament that it might have the force of a Law by a civill Sanction The whole debate with all the traverses and emergent difficulties which appeared therein are specified at large in the Records of Convocation Anno 1532. But being you have not oportunity to consult those Records I shall prove it by the Act of Parliament called commonly the Act of the submission of the Clergy but bearing this Title in the Abridgement of the Statutes set out by Poulton That the Clergy in their Convocations shall enact no Constitutions without the Kings assent In which it is premised for granted that the Clergy of the Realm of England had not only acknowledg'd according to the Truth that the Convocation of the same Clergy is alwaies hath beene and ought to be assembled alwaies by the Kings Writ but also submitting themselves to the Kings Majesty had promised in verbo Sacerdotii That they would never from henceforth presume to attempt alleage claime or put in ure enact promulge or execute any new Canons Constitutions Ordinances Provinciall or other or by whatsoever other name they shall be called in the Convocation unlesse the Kings most Royall assent may to them be had to make promulge and execute the same and that his Majestie doe give his most royall Assent and Authority in that behalfe Upon which ground worke of the Clergies the Parliament shortly after built this superstructure to the same effect viz. That none of the said Clergy from thenceforth should presume to attempt alleage claime or put in ure any Constitutions or Ordinances Provinciall or Synodals or any other Canons nor shall enact promulge or execute any such Canons Constitutions or Ordinances Provinciall by whatsoever name or names they may be called in their Convocations in time comming which alwaies shall be assembled by the kings Writ unlesse the same Clergy may have the kings most royall Assent and Licence to make promulge and execute such Canons Constitutions and Ordinances Provinciall or Synodicall upon paine of every one of the said Clergy doing the contrary to this Act and thereof convict to suffer imprisonment and make fine at the kings will 25. H. 8. c. 19. So that the Statute in effect is no more than this an Act to bind the Clergy to performe their promise to keepe them fast unto their word for the time to come that no new Canon should bee made in the times succeeding in favour of the Pope or by his authority or to the diminution of the Kings Royall Prerogative or contrary to the Lawes and Statutes of this Realme of England as many Papall Constitutions were in the former Ages which Statute I desire you to take notice of because it is the rule and measure of the Churches power in making Canons Constitutions or whatsoever else you shall please to call them in their Convocations The third and finall Act conducing to the Popes Ejection was an Act of Parliament 28. H. 8. c. 10. Entituled an Act extinguishing the Authority of the Bishop of Rome By which it was Enacted That if any person should extoll the authority of the Bishop of Rome he should incurre the penalty of a Praemunire that every Officer both Ecclesiasticall and Lay should be sworne to renounce the said Bishop and his authority and to resist it to his power and to repute any Oath formerly taken in maintenance of the said Bishop or his authority to be void and finally that the refusall of the said Oath should be judged high Treason But this was also usherd in by the Determination first and after by the Practice of all the Clergie For in the yeare 1534 which was two yeares before the passing of this Act the King had sent this Proposition to be agitated in both Vniversities and in the greatest and most famous Monasteries of the Kingdome that is to say An aliquid authoritatis in hoc regno Angliae Pontifici Romano de jure competat plus quam alii cuicunque Episcopo extero By whom it was determined Negatively that the Bishop of Rome had no more power of right in the kingdome of England than any other forraigne Bishop Which being testified and returned under their hands and seales respectively the Originals whereof are still remayning in the Library of Sir Robert Cotton was a good preamble to the Bishops and the rest of the Clergy assembled in their Convocation to conclude the like And so accordingly they did and made an Instrument thereof subscribed by the hands of all the Bishops and others of the Clergie and afterwards confirmed the same by their corporall Oathes The copies of which Oathes and Instrument you shall finde in Foxes Acts and Monuments vol. 2. fol. 1203. and fol. 1210. 1211. of the Edition of Iohn Day An. 1570. And this was semblably the ground of a following Statute 35. H. 8. c. 1. Wherein another Oath was devised and ratified to be imposed upon the Subject for the more cleare asserting of the Kings Supremacy and the utter exclusion of the Popes for ever which Statutes though they were all repealed by one Act of Parliament 1. 2. of Phil. Mary c. 8. yet they were brought in force againe 1. Eliz. c. 1. save that the name of Supreme Head was changed unto that of the Supreme Governour and certaine clauses altered in the Oath of Supremacy Where by the way you must take notice that the Statutes which concerne the Kings Supremacy are not introductory of any new Right that was not in the Crown before but only declaratory of an old as our best Lawyers tell us and the Statute of the 26. of H. 8. c. 1. doth clearly intimate So that in the Ejection of the Pope of Rome which was the first and greatest step towards the worke of Reformation the Parliament did nothing for ought yet appeares but what was done before in the Convocation and did no more than fortifie the results of Holy Church by the Addition and Corroboration of the Secular Power 2. Of the Translation of the
Power in Spirituall matters from no other hands than those of Christ and his Apostles their Temporall honors and possessions from the bounty and affection only of our Kings and Princes their Ecclesiasticall Jurisdiction in Causes Matrimoniall Testamentary and the like for which no Action lieth at the Common-Lawe from continuall usage and prescription and owe no more unto the Parliament than all sort of Subjects doe besides whose fortunes and Estates have been occasionally and collaterally confirmed in Parliament And as for the particular Statutes which are touched upon that of the 24 H. 8. doth only constitute and ordain a way by which they might be chose and consecrated without recourse to Rome for a confirmation which formerly had put the Prelates to great charge and trouble but for the Form and manner of their Consecration the Statute leaves it to those Rites and Ceremonies wherewith before it was performed And therefore Sanders doth not stick to affirm that all the Bishops which were made in King Henries dayes were Lawfully and Canonically ordained and Consecrated the Bishops of that time not only being taken and acknowledged in Queen Maries dayes for lawfull and Canonicall Bishops but called on to assist at the Consecration of such other Bishops Cardinall Poole himselfe for one as were promoted in her Reigne whereof see Mason's book de Minist. Ang. l. 3. c.. Next for the Statute 1 Ed. 6. cap. 2. besides that it is satisfied in part by the former Answer as it relates to their Canonicall Consecrations it was repealed in Terminis in the first of Q. Maries Reigne and never stood in force nor practice to this day That of the authorizing of the book of Ordination in two severall Parliaments of that King the one a parte antè and the other a parte pòst as before I told you might indeed seem somewhat to the purpose if any thing were wanting in it which had been used in the formula's of the Primitive times or if the book had been composed in Parliament or by Parliament men or otherwise received more Authority from them then that it might be lawfully used and exercised throughout the Kingdom But it is plain that none of these things were objected in Queen Maries dayes when the Papists stood most upon their points the Ordinall not being called in because it had too much of the Parliament but because it had too little of the Pope and relished too strongly of the Primitive Piety And for the Statute of the 8 of Q. Elizabeth which is cheifly stood on all that was done therein was no more than this and on this occasion A question had been made by captious and unquiet men and amongst the rest by Dr. Bonner sometimes Bishop of London whether the Bishops of those times were lawfully ordained or not the reason of the doubt being this which I mervaile Mason did not see because the Book of Ordination which was annulled and abrogated in the first of Q. Mary had not been yet restored and revived by any legall Act of Q. Elizabeths time which Cause being brought before the Parliament in the 8. yeare of her Reigne the Parliament took notice first that their not restoring of that book to the former Power in Termes significant and expresse was but Casus omissus and then declare that by the Statute 5 6 Ed. 6. It had been added to the Book of Common Prayer and Administration of the Sacraments as a member of it at least as an Appendant to it and therefore by the Statute 1 Eliz. c. 2. was restored againe together with the said book of Common Prayer intentionally at the least if not in Terminis But being the words in the said Statute were not cleare enough to remove all doubts they therefore did revive it now and did accordingly enact that whatsoever had been done by virtue of that Ordination should be good in Lawe This is the Totall of the Statute and this shewes rather in my judgement that the Bishops of the Queenes first times had too little of the Parliament in them then that they were conceived to have had too much And so I come to your last objection which concernes the Parliament whose entertayning all occasions to manifest their power in Ecclesiasticall matters doth seem to you to make that groundles slander of the Papists the more faire and plausible 'T is true indeed that many Members of both Houses in these latter times have been very ready to imbrace all businesses which are offered to them cut of a probable hope of drawing the managery of all Affaires as well Ecclesiasticall as Civill into their own hands and some there are who being they cannot hope to have their fancies authorised in a Regular way doe put them upon such designes as neither can consist with the nature of Parliaments nor the esteem and reputation of the Church of Christ And this hath been a practice even as old as Wicklef who in the time of K. Rich. 2. addressed his Petition to the Parliament as we reade in Walsingham for the Reformation of the Clergy the rooting out of many false and erroneous Tenents and for establishing of his own Doctrines who though he had some Wheat had more Tares by ods in the Church of England lest he might be thought to have gone a way as dangerous and unjustifiable as it was strange and new he laid it down for a Position that the Parliament or Temporall Lords where by the way this ascribes no authority or power at all to the House of Commons might lawfully examine and Reform the Disorders and Corruptions of the Church and on discovery of the errors and corruptions of it devest her of all Titles and Temporall endowments till she were reformed But for all this and more than this for all he was so strongly backed by the Duke of Lancaster neither his Petition nor his Position found any welcome in the Parliament further than that it made them cast many a longing eye on the Churches Patrimony or produced any other effect towards the worke of Reformation which he chiefly aymed at then that it hath since served for a Precedent to Penry Pryn and such like turbulent Innovators to disturbe the Church and set on foot those dreames and dotages which otherwise they durst not publish And to say truth as long as the Clergy were in power and had authority in Convocation to doe what they would in matters which concern'd Religion those of the Parliament conceived it neither safe nor fitting to intermeddle in such businesse as concern'd the Clergy for feare of being questioned for it at the Churches barre But when that power was lessen'd if it were not lost by the Submission of the Clergy to K. H. 8. and the Act of the Supremacy which ensued upon it then did the Parliaments begin to intrench upon the Church's Rights to offer at and enterteine such businesses as formerly were held peculiar to the Clergy only next to dispute their Charters and reverse
Scriptures and permitting them to bee read in the English Tongue THE second step towards the worke of Reformation and indeed one of the most especiall parts thereof was the Translation of the Bible into the English Tongue and the permitting all sorts of people to peruse the same as that which visibly did tend to the discovery of the errors and corruptions in the Church of Rome and the intolerable Pride and Tyranny of the Romane Prelates upon which grounds it had beene formerly translated into English by the hand of Wickliff and after on the spreading of Luther's Doctrine by the paines of Tyndall a stout and active man in king Henries daies but not so well befreinded as the worke deserved especially considering that it happened in such a time when many printed Pamphlets did disturbe the State and some of them of Tindals making which seemed to tend unto Sedition and the change of Government Which being remonstrated to the King he caused divers of his Bishops together with sundry of the learnedest and most eminent Divines of all the Kingdome to come before him whom he required freely and plainly to declare aswell what their opinion was of the foresaid Pamphlets as what they did thinke fit to be done concerning the Translation of the Bible into the English Tongue And they upon mature advise and deliberation unanimously condemned the aforesaid bookes of Heresie and Blasphemie no smaller crime Then for translating of the Scriptures into the English tongue they agreed all with one assent that it depended wholly on the Will and Pleasure of the Soveraign Prince who might doe therein as he conceived to be most agreeable to his occasions but that with reference to the present estate of things it was more expedient to explaine the Scripture to the people by the way of Sermons then to permit it to be read promiscuously by all sorts of men yet so that hopes were to be given unto the Laity that if they did renounce their errours and presently deliver to the hands of his Majesties Officers all such bookes and Bibles which they conceived to bee translated with great fraud and falshood as any of them had in keeping his Majesty would cause a true and catholick Translation of it to be published in convenient time for the use of his Subjects This was the summe and substance of the present Conference which you shall finde laid downe at large in the Registers of Archbishop Warham And according to this advice the King sets out a Proclamation not only prohibiting the buying reading or translating of any the aforesaid bookes but straitly charging all his Subjects which had any of the bookes of Scripture eyther of the old Testament or of the new in the English tongue to bring them in without delay But for the other part of giving hopes unto the people of a true Translation if they delivered in the false or that at least which was pretended to be false I finde no word at all in the Proclamation That was a worke reserved unto better times or left to be sollicited by the Bishops themselves and other learned men who had given the counsell by whom indeede the people were kept up in hope that all should bee accomplished unto their desires And so indeed it proved at last For in the Convocation of the yeare 1536. the authority of the Pope being abrogated and Cranmer fully setled in the See of Canterbury the Clergy did agree upon a forme of Petition to be presented to the King that he would graciously indulge unto his Subjects of the Laity the reading of the Bible in the English tongue and that a new Translation of it might be forth with made for that end and purpose According to which godly motion his Majesty did not only give order for a new Translation which afterwards he authorized to be read both in publique and private but in the interim he permitted Cromwell his Vicar-Generall to set out an Injunction for providing the whole Bible both in Latine and English after the translation then in use which was call'd commonly by the name of Matthew's Bible but was indeede no other than that of Tyndall somewhat altered to be kept in every parish Church throughout the kingdome for every one that would to repaire unto and caused this marke or character of authority to be set upon them in red Letters Set forth with the Kings most Gracious Licence which you may see in Fox his Acts Monum. p. 1248. 1363 Afterwards when the new Translation so often promised and so long expected was complete and finished printed at London by the Kings authority and countenanced by a grave and pious Preface of Archbishop Cranmer the King sets out a Proclamation dated May 6. An. 1541. Commanding all the Curates and Parishioners throughout the kingdome who were not already furnished with Bibles so authorized and translated as before is said to provide themselves before Alhallowtide next following and to cause the Bibles so provided to be placed conveniently in their severall and respective Churches straitly requiring all his Bishops and other Ordinaries to take speciall care to see his said Commands put in execution And therewithall came out Instructions from the King to be published by the Clergy in their severall parishes the better to possesse the people with the Kings good affection towards them in suffering them to have the benefit of such heavenly Treasure and to direct them in a course by which they might enjoy the same to their greater comfort the reformation of their lives and the peace and quiet of the Church Which Proclamation and Instructions are still preserved in that most admirable Treasury of Sir Robert Cotton And unto these Commands of so great a Prince both Bishops Priests and People did apply themselves with such cheerefull reverence that Bonner even that bloody butcher as he after proved caused sixe of them to be chayned in severall places of Saint Paul's Church in London for all that were so well inclined to resort unto for their edification and instruction the booke being very chargeable because very large and therefore called commonly for distinctions sake The Bible of the greater Volume Thus have we seene the Scriptures faithfully Translated into the English Tongue the Bible publickly set up in all parish-parish-churches that ev'ry one wch would might peruse the same and leave permitted to all people to buy them for their private uses and reade them to themselves or before their families and all this brought about by no other meanes than by the Kings authority only grounded on the advice and judgement of the Convocation But long it was not I confesse before the Parliament put in for a share and claimed some interest in the worke but whether for the better or the worse I leave you to judge For in the yeare 1542 the King being then in agitation of a league with Charles the Emperour he caused a complaint to be made unto him in his Court of Parliament That
of Worship THIS rub removed we now proceed unto a view of such formes of Worship as have beene setled in this Church since the first dawning of the day of Reformation in which our Parliaments have indeed done somewhat though it be not much The first point which was altered in the publique Liturgies was that the Creed the Pater-noster and the ten Commandements were ordered to be said in the English tongue to the intent the people might be perfect in them and learn them without book as our phrase is The next the setting forth and using of the English Letanie on such daies and times in which it was accustomably to be read as a part of the Service But neither of these two was done by Parliament nay to say truth the Parliament did nothing in them All which was done in eyther of them was only by the Kings authority by virtue of the Head ship or Supremacy which was vested in him eyther cooperating and concurring with his Convocation or else directed and assisted by such learned Prelates with whom he did advise in matters which concern'd the Church and did relate to Reformation By virtue of which Head-ship or Supremacy he ordained the first and to that end caused certain Articles or Injunctions to be published by the Lord Cromwell then his Vicar-Generall An. 1536. And by the same did he give order for the second I meane for the saying of the Letany in the English tongue by his own royall Proclamation An. 1545. for which consult the Acts Mon. fol. 1248. 1312. But these were only preparations to a greater worke which was reserved unto the times of King Ed. 6. In the beginning of whose Reigne there passed a Statute for the administring the Sacrament in both kindes to any person that should devoutly and humbly desire the same 1 Ed. 6. cap. 1. In which it is to be observed that though the Statute doe declare that the ministring of the same in both kinds to the people was more agreeable to the first Institution of the said Sacrament and to the common usage of the primitive times Yet Mr. Fox assures us and we may take his word that they did build that Declaration and consequently the Act which was raised upon it upon the Iudgement and opinion of the best learned men whose resolution and advise they followed in it fol. 1489. And for the Forme by which the said most Blessed Sacrament was to be so delivered to the Common people it was commended to the care of the most grave and learned Bishops and others assembled by the King at his Castle of Windsor who upon long wise learned and deliberate advice did finally agree saith Fox upon one Godly and uniform Order for receiving the same according to the right rule of Scriptures and the first use of the primitive Church fol. 1491. which Order as it was set forth in print An. 1548. with a Proclamation in the name of the King to give authority thereunto amongst the people so was it recommended by especiall Letters writ unto every Bishop severally from the Lords of the Counsell to see the same put in execution A copy of which Letters you may find in Fox fol. 1491. as afore is said Hitherto nothing done by Parliament in the Formes of Worship but in the following yeare there was For the Protector and the rest of the Kings Counsell being fully bent for a Reformation thought it expedient that one uniform quiet and godly Order should be had throughout the Realm for Officiating God's Divine Service And to that end I use the very words of the Act it selfe appointed the Archbishop of Canterbury and certain of the most learned and discreet Bishops and other learned men of the Realm to meet together requiring them that having as well eye and respect to the most pure and sincere christian Religion taught in Scriptures as to the usages in the primitive Church they should draw and make one convenient and meet Order Rite and Fashion of Common Prayer and Administration of Sacraments to be had and used in this his Majesties Realm of England Well what did they being thus assembled that the Statute tells us where it is said that by the ayd of the holy Ghost I pray you marke this well and with one uniform agreement they did conclude upon and set forth an Order which they delivered to the Kings Highnesse in a book entituled The Booke of Common-Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church after the use of the Church of England All this was done before the Parliament did any thing But what was done by them at last Why first considering the most godly travaile of the Kings Highnesse and the Lord Protector and others of his Highnesse Counsell in gathering together the said Bishops and learned men Secondly the godly prayers Orders Rites and Ceremonies in the said book mentioned Thirdly the motives and inducements which inclined the aforesaid learned men to alter those things which were altered and to reteine those which were reteined and finally taking into consideration the honour of God and the great quietnesse which by the grace of God would ensue upon it they gave his Majesty most hearty and lowely thanks for the same and most humbly prayed him that it might be ordeined by his Majesty with the assent of the Lords and Commons assembled in Parliament and by authority of the same that the said Form of Common-prayer and none other after the Feast of Pentecost next following should be used in all this Majesties Dominions with severall penalties to such as either should deprave or neglect the same 2. 3. Ed. 6. cap. 1. So far the very words of the Act it selfe By which it evidently appeareth that the two Houses of Parliament did nothing in the present businesse but impose that Form upon the people which by the learned and religious Clergie men whom the King appointed thereunto was agreed upon and made it penall unto such as eyther should deprave the same or neglect to use it And thus doth Poulton no meane Lawyer understand the Statute who therfore gives no other Title to it in his Abridgement published in the yeare 1612 than this The Penalty for not using uniformity of Service and Ministration of the Sacraments So then the making of one uniform Order of celebrating Divine Service was the worke of the Clergy the making of the Penalties was the worke of the Parliament And so much for the first Liturgy of King Edwards Reigne in which you see how little was done by the authority or power of Parliament so little that if it had beene lesse it had been just nothing But some exceptions being taken against the Liturgy by some of the preciser sort at home and by Calvin abroad the book was brought under a review and though it had been framed at first if the Parliament which said so erred not by the ayd of the holy Ghost himself yet to comply
with the curiositie of the Ministers and mistakes of the People rather then for any other weighty cause As the Statute 5. 6. Ed. 6. cap. 1. it was thought expedient by the King with the Assent of the Lords and Commons in Parliament assembled that the said Order of Common-Service should be faithfully and godly perused explained and made fully perfect Perused and Explained by whom Why questionlesse by those who made it or else by those if they were not the same men who were appointed by the King to draw up and compose a Form of Ordination for the use of the Church And this Assent of theirs for it was no more was the only part that was ever acted by the Parliament in matter of this present nature save that a Statute passed in the former Parliament 3. 4. Ed. 6. c. 12. unto this effect that such Form and manner of making and consecrating Archbishops Bishops Priests Deacons and other Ministers of the Church which before I spake of as by six Prelates and six other men of this Realm learned in Gods Lawes by the King to be appointed and assigned shall be devised for that purpose and set forth under the Great Seale shall be lawfully used and exercised and none other Where note that the King only was to nominate and appoint the men the Bishops and other learned men were to make the book that the Parliament in a blinde obedience or at the least upon a charitable confidence in the integrity of the men so nominated did confirm that book before any of their Members had ever seene it though afterwards indeed in the following Parliament this book together with the book of Common-prayer so printed and explained retained a more formall confirmation as to the use thereof throughout the kingdome but in no other respect for which see the Statute 5. 6. Ed. 6. c. 1. As for the time of Q. Elizabeth when the Common prayer book now in use being the same almost with the last of King Edward was to be brought again into the Church from whence it was cast out in Q. Maries Reigne it was committed to the care of some learned men that is to say to Master Whitehead once Chaplain to Q. Anne Bullen Doctor Parker after Archbishop of Canterbury D. Grindall after Bishop of London D. Coxe after Bishop of Ely D. Pilkinton after Bishop of Durham D. May Deane of S. Paules D. Bill Provost of Eaton after Deane of Westminster and Sr. Tho. Smith By whom being alter'd in some few passages which the Statute points to 1 Eliz. cap. 21. It was presented to the Parliament and by the Parliament received and established without more adoe or troubling any Committee of both or either Houses to consider of it for ought appeares in their Records All that the Parliament did in it being to put it into the condition in which it stood before in King Ed. Reigne partly by repealing the Repeale of King Ed. Statutes made in the 1 of Q. Mary cap. 2. and partly by the adding of some farther penalties on such as did deprave the book or neglect to use it or wilfully did absent themselves from their parish-Churches And for the Alterations made therein in King Iames his time being small and in the Rubrick only and for the additions of the Thanksgivings at the end of the Letany the Prayer for the Queen and the royall Issue and the doctrine of the Sacraments at the end of the Catechisme which were not in the book before they were never referred unto the Parliament but were done only by authority of the Kings Commission and stand in force by virtue only of his Proclamation which you may find before the book the charge of buying the said book so explained and altered being layd upon the severall and respective parishes by no other authority than that of of the eightieth Canon made in Convocation An. 1603. The like may also be affirmed of the Formes of Prayer for the Inauguration day of our Kings and Queenes the Prayer-books for the fifth of November and the fifth of August and those which have beene used in all publique Fasts All which without the help of Parliaments have been composed by the Bishops and imposed by the King Now unto this discourse of the Formes of Worship I shall subjoyn a word or two of the times of Worship that is to say the holy daies observed in the Church of England and so observed that they doe owe that observation cheifely to the Churches power For whereas it was found in the former times that the number of the holy daies was grown so great that they became a burden to the common people and a great hindrance to the thrift and manufactures of the kingdome there was a Canon made in the Convocation An. 1536 for cutting off of many superstitious and superfluous holy daies and the reducing them unto the number in which now they stand save that St. Georges day and Mary Magdalens day and all the Festivals of the blessed Virgin had their place amongst them according to which Canon there went out a Monitory from the Archibishop of Canterbury to all the Suffragans of his Province respectively to see the same observed in their severall Diocesses which is still extant on Record But being the authority of the Church was then in the wane it was thought necessary to confirm their Acts and see execution done upon it by the Kings Injunction which did accordingly come forth with this Form or preamble That the abolishing of the said holy daies was Decreed ordained and established by the kings Highnesse Authority as supreme Head in Earth of the Church of England with the common consent and assent of the Prelates and Clergy of this his Realm in Convocation lawfully assembled and Congregate Of which see Fox his Acts and Monuments fol. 1246.1247 Afterwards in the yeare 1541. The King perceiving with what difficulty the People were induced to leave off those holy daies to which they had been so long accustomed published his Proclamation of the twenty third of Iuly for the abolishing of such holy daies amongst other things as were prohibited before by his Injunctions both built upon the same foundation namely the resolution of the Clergy in their Convocation And so it stood untill the Reigne of King E. 6. at what time the Reformation of the publique Liturgy drew after it by consequence an alteration in the present businesse no daies being to be kept or accounted holy but those for which the Church had set apart a peculiar office and not all those neither For whereas there are severall and peculiar offices for the day of the Conversion of Saint Paul and the day of St. Barnabas the Apostles neither of these are kept as holy daies nor reckoned or esteemed as such in the Act of Parliament wherein the names and number of the holy daies is precisely specified which makes some think the Act of Parliament to have had an over-ruling
power on the Common-prayer Book but it is not so there being a specification of the holy daies in the book it selfe with this direction These to be observed for holy daies and none other in which the Feasts of the Conversion of St. Paul and the Apostle Barnabas are omitted plainly and upon which specification the Stat. 5. 6. Ed. 6. cap. 3. which concerns the holy daies seemes most exprestly to be built And for the Offices on those daies in the Common-prayer Book you may please to know that every holy-day consisteth of two speciall parts that is to say Rest or cessation from bodily labour and celebration of Diuine or Religious duties and that the dayes before remembred are so far kept holy as to have still their proper and peculiar Offices which is observed in all the Cathedralls of this kingdome and the Chappels Royall where the service is read every day and in most Parish churches also as oft as eyther of them fals upon a Sunday though the people be not on those daies enjoyned to rest from bodily labour no more then on the Coronation day or the fifth of November which yet are reckoned by the people for a kind of holy daies Put all which hath been said together and the summe is this That the proceedings of this Church in the Reformation were not meerly Regall as it is objected by some Puritans much lesse that they were Parliamentarian in so great a work as the Papists falsely charge upon us the Parliaments for the most part doing little in it but that they were directed in a justifiable way the worke being done Synodically by the Clergie only according to the usage of the Primitive times the King concurring with them and corroborating what they had resolved on eyther by his own single Act in his Letters Patent Proclamations and Injunctions or by some publique Act of State as in times and by Acts of Parliament 5. Of the power of making Canons for the well ordering of the Clergy and the directing of the People in the publique duties of Religion WE are now come to the last part of this Designe unto the Power of making Canons in which the Parliament of England have had lesse to doe than in eyther of the other which are gone before Concerning which I must desire you to remember that the Clergy who had power before to make such Canons and Constitutions in their Convocations as to them seemed meet promised the King in verbo Sacerdotii not to Enact or Execute any new Canons but by his Majesties royall Assent and by his Authority first obteined in that behalfe Which is thus briefly touched upon in the Antiq. Britan. in the life of William Warham Archbishop of Canterbury Clerus in verbo Sacerdotii fidem Regi dedit ne ullas deinceps in Synodo ferrent Ecclesiasticas leges nisi Synodus authoritate Regiâ congregata Constitutiones in Synodis publicatae eadem authoritate ratae essent Upon which ground I doubt not but I might securely raise this proposition That whatsoever the Clergy did or might doe lawfully before the Act of Submission in their Convocation of their owne power without the Kings authority and consent concurring the same they can and may doe still since the said Act of their Submission the Kings authority and consent cooperating with them in their Counsailes and giving confirmation to their Constitutions Further it doth appeare by the aforesaid Act. 25. H. 8. c. 19. That all such Canons Constitutions Ordinances and Synodalls Provinciall as were made before the said Submission which be not contrariant nor repugnant to the Lawes Statutes and Customes of this Realm nor to the Damage or hurt of the Kings prerogative Royall were to be used and executed as in former times And by the Statute 26. H. 8. c. 1. Of the Kings Supremacy that according to the Recognition made in Convocation our said Soveraigne Lord his Heires and Successors Kings of this Realm shall have full power and authority from time to time to visit represse reform order correct c. all such errors heresies abuses offences contempts and enormities whatsoever they be c. as may be most to the pleasure of Almighty God the increase of virtue in Christs Religion and for the peace unity and tranquillity of this Realm and the confirmation of the same So that you see these severall waies of ordering matters for the publique weale and governance of the Church First by such ancient Canons and Constitutions as being made in former times are still in force Secondly By such new Canons as are or shall be made in Convocation with and by the Kings Consent And thirdly by the sole authority of the Soveraigne Prince according to the Precedents laid down in the book of God and the best ages of the Church Concerning which you must remember what was said before viz. that the Statutes which concern the Kings Supremacy are Declaratory of an old Power only not introductory of a new which said we shall the better see whether the Parliament have had any thing to doe either in making Canons or prescribing Orders for the regulating of Spirituall and Ecclesiasticall matters and unto whom the same doth of right belong according to the Lawes of the Realm of England And first King Henry being restored to his Head-ship or Supremacy call it which you will did not conceive himself so absolute in it though at first much enamor'd of it as not some times to take his Convocation with him but at all times to be advised by his Prelates when he had any thing to doe that concerned the Church for which there had been no provision made by the Ancient Canons grounding most times his Edicts and Injunctions Royall upon their advise and resolution For on this ground I mean the judgement and conclusions of his Convocation did he set out the Injunctions of the yeare 1536. for the abolishing of superstitious and superfluous holy daies the exterminating of the Popes authority the publishing of the book of Articles which before we spake of num 8. by all Parsons Vicars and Curats for preaching down the use of Images Reliques Pilgrimages and superstitious Miracles for rehearsing openly in the Church in the English tongue the Creed the Pater-noster and the ten Commandements for the due and reverent ministring of the Sacraments and Sacramentals for providing English Bibles to be set up in every Church for the use of the people for the regular and sober life of Clergy men and the releefe of the poore And on the other side the King proceeded some times only by the advice of his Prelates as in the Injunctions of the yeare 1538. for quarterly Sermons in each Parish for admitting none to preach but men sufficiently Licensed for keeping a Register book of Christnings Weddings and Burialls for the due paying of Tythes as had been accustomed for the abolishing of the commemoration of St. Tho. Becket for singing Parce nobis
Domine instead of Ora pro nobis and the like to these And of this sort were the Injunctions which came out in some yeares succeeding for the taking away of Images and Reliques with all the Ornaments of the same and all the Monuments and writings of fained Miracles and for restraint of offering or setting up lights in any Church but only to the Blessed Sacrament of the Altar in which he was directed chiefly by Archbishop Cranmer as also those for eating of white-meates in the time of Lent the abolishing the fast on St. Marks day and the ridiculous but superstitious sports accustomably used on the dayes of Saint Clement St. Catherine and St. Nicholas All which and more was done in the said Kings Reigne without help of Parliament For which I shall refer you to the Acts Mon. fol. 1385. 1425. 1441. The like may also be affirmed of the Injunctions published in the name of K. Ed. 6. An. 1547. and printed also then for the use of the Subjects and of the severall Letters missive which went forth in his name prohibiting the bearing of Candles on Candlemas day of Ashes in Lent and of Palmes on Palm-Sunday for the taking down of all the Images throughout the kingdom for administring the Communion in both kinds dated March 13. 1548. for abrogating of private Masses Iun. 24. 1549. for bringing in all Missals Graduals Processionals Legends and Ordinals about the latter end of December of the same yeare for taking down of Altars and setting up Tables instead thereof An. 1550. and the like to these All which particulars you have in Foxes book of Acts Mon. in King Edwards life which whether they were done of the Kings meer motion or by advice of his Counsell or by consultation with his Bishops for there is little left upon Record of the Convocations of that time more than the Articles of the yeare 1552 certain I am that there was nothing done nor yet pretended to be done in all these particulars by the authority of Parliament Thus also in Q. Elizabeths time before the new Bishops were well setled and the Queen assured of the affections of her Clergy she went that way to work in the Reformation which not only her two Predecessors but all the godly Kings and Princes in the Iewish State and many of the Christian Emperours in the Primitive times had done before her in the well ordering of the Church and People committed to their care and government by Almighty God And to that end she published her Injunctions An. 1559. A book of Orders An. 1561. Another of Advertisements An. 1562. all tending unto Reformation unto the building up of the new Ierusalem with the advise no doubt of some godly Prelates as were then about her But past all doubt without the least concurrence of her Court of Parliament But when the times were better setled and the first difficulties of her Reigne passed over she left Church-work to the disposing of Church-men who by their place and calling were most proper for it And they being met in Convocation and thereto authorized as the Lawe required did make and publish severall books of Canons as viz. 1571. An. 1584. An. 1597. Which being confirmed by the Queene under the broad Seale of England were in force of Lawes to all intents and purposes which they were first made but being confirmed without those formall words Her Heires and Successors are not binding now but expired together with the Queene No Act of Parliament required to confirm them then nor never required ever since on the like occasion A fuller evidence whereof we cannot have then in the Canons of the yeare 1603. being the first yeare of King Iames made by the Clergy only in the Convocation and confirmed only by the King For though the old Canons were in force which had been made before the Submission of the Clergy as before I shewed you which served in all these wavering and unsetled times for the perpetuall standing rule of the Churches Government yet many new emergent Cases did require new Rules and whilest there is a possibility of mali mores there will be a necessity of bonae Leges Now in the Confirmation of these Canons we shall find it thus That the Clergy being met in their Convocation according to the Tenour and effect of his Majesties Writ his Majesty was pleased by virtue of his Prerogative Royall and Supreme authority in Causes Ecclesiasticall to give and grant unto them by his Letters Patents dated Apr. 12. Iun. 25. full free and lawfull liberty licence power and authority to confer treate debate consider consult and agree upon such Canons Orders Ordinances and Constitutions as they should think necessary fit and convenient for the honour and service of Almighty God the good and quiet of the Church and the better Government thereof from time to time c. to be kept by all persons within this Realm as far as lawfully being members of the Church it may concern them which being agreed on by the Clergy and by them presented to the King humbly requiring him to give his Royall assent unto them according to the Statute made in the 25. of K. H. 8. and by his Majesties Prerogative and Supreme authority in Ecclesiasticall Causes to ratifie and confirm the same his Majesty was graciously pleased to confirm and ratifie them by his Letters Patents for Himselfe his Heires and lawfull Successours straitly commanding and requiring all his loving Subjects diligently to observe execute and keep the same in all points wherein they doe or may concern all or any of them No running to the Parliament to confirm these Canons nor any question made till this present by temperate and knowing men that there wanted any Act for their confirmation which the Lawe could give them But against this and all which hath been said before it will be objected That being the Bishops of the Church are fully and wholly Parliamentarian and have no more authority and jurisdiction nisi a Parliamentis derivatam but that which is conferred upon them by the power of Parliaments as both Sanders and Schultingius doe expresly say whatsoever they shall doe or conclude upon either in Convocation or in private Conferences may be called Parliamentarian also And this last calumny they build on the severall Statutes 24. H. 8. c. 12. touching the manner of electing and Consecrating Archbishops and Bishops that of the 1. Ed. 6. c. 2. appointing how they shall be chosen and what Seales they shall use those of the 3 4 Ed. 6. c. 12. and 5 6 Ed. 6. for authorising of the book of Ordination But chiefly that of the 8 Eliz. c. 1. for making good all Acts since 1 Eliz. in consecrating any Archbishop or Bishop within this Realm To give a generall answer to each severall cavill you may please to know that the Bishops as they now stand in the Church of England derive their Calling together with their Authority and