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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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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