had their place amongst them according to which Canâ—n there went out a Mâ—nitory from the Aâ—chbp of Caâ—terbury to all the Suffragâ—ns of hiâ— Pâ—ovince 〈…〉 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 accordinâ—ly come forth with this Form or preamble That the abolishing of the said holy dayes was decreed ordained and established by the Kings Highness Authority as supâ—eam Head in earth of the Church of England with the common consent and assent of the Prelates and Clergy of this â—is Realm in Convâ—cation lawfully assembled and congregate Of which see Foxe his Acts and Mâ—numents fol. 1246 1247. Afterwards in the year 1541 the King perceiving with what difficulty the people were induced to leave off those Holy days to which they had been so long acâ—ustomed published his Proclamation of the twenty third of Iuly for the abolishing of such Holy days 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 until the Reign of King E. 6. at which time the Reformation of the publick Liturgie drew after it by consequence an alteration in the present businesse no days 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 several and peculiar offices for the day of the Conversion of Saint Paul and the day of Saint Barnabas the Apostles neither of these are kept as holy days nor reckoned or esteemed as such in the Act of Parliament wherein the names and number of the holy days 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 days in the book it self with this direction These to be â—bsâ—rved for Holâ— days and nonâ— other in which the Feasts of the Conversion of St Paul and the Apostle Barnabas are omittâ—d plainly and upon which specification the Stat. 5 6 Ed. 6. cap. 3. which concerns the holy days seems most expresly to be built And for the Offâ—ces on thoâ—e days in the Common-prayer Booke you may pleaâ—e to know that every holy day consisteth of two special parts that is to say râ—st or cessatiâ—n from bodily labour and celebration of Diâ—ine or Relâ—gious duâ—ies and that the dayâ—s before remembred aâ—e so far kept holy as to have sâ—ill their proper and peculiar Offâ—ces which is observed in all the Cathedrals of this Kingdome and the Chappels Royall where the Service is read every day and in most Parish Churches also as oft as either of them falls upon a Sunday though the people be not in those days injoined to rest from bodily labour no more then on the Coronation day or the fiâ—th of November which yet are reckoned by the people for a kind of holy days Put all which hath been said together and the â—umme is this That the proceedings of this Church in the Reformation were not meerly Regall as it is objected by some Puritans much lesâ—e that they were Parliamentarian in so great a woâ—k as the Papists falsly charge upon us the Parliaments for the most part doing liâ—tle in it but that they were directed in a justifiable way the work being done Synodically by the Clergy onely according to the usage of the Primiâ—iveâ—imes the King concurring with them and corroborating what they had â—esolved on either by his own single Act in his letters Paâ—ent Proclamations and Iâ—junctions or by some publick Act of State as in 〈◊〉 and by Acts of Parliament 6. Of the power of making Canons for the well ordering of the Clergy and the directing of the people in the publick Duties of Religion WE are now come to the last part of this design unto the power of making Canons in which the Parliament of England have had lesse to do then in either of the other which are gone before Concerning which I must dâ—sire you to remember that the Clergie who had power before to make such Canons and Constitutâ—ons in their Convocation as to them seemed meet promised the King in verbo Sacerdâ—tij not to Enact or Exâ—cute any new Caâ—ons but by his Majesties Royal Assent and by his authority first obtained in thaâ— behalf which is thus briâ—fly touched upon in the Ant. Brit. in the lâ—fe of William Marham Arch Bp of Canterbury Clerâ—â— in verbo Sacerdotij fidem Regidâ—dit ne ullaâ— deinceps in Synodo ferrent Ecclesâ—asticas leges nisi eâ— Synodas authâ—ritate Râ—gia conâ— gregata et constitutiones in Synodis publicataâ— eadem auâ—â—oritate ratae essent Upon which ground I doubt not but I might securely raise this proposition That whatsoâ—ver the Clergy did or might do lawfully before the act of Submission in their Convocation of their own power without the Kings authority and consent concurring the same they can and may do still since the act of their Submission the Kings authoâ—â—ty and consent co-operating with them in their counsels and giving confirmation to their Constitutions as was said before Further iâ— doth appear by the aforesaid Act. 25. H. 8. c. 19. â—hat all such Canons Constitutions Ordinances and Synodals Prouincial as were made beâ—ore the said Submission which be not contrary or repugnant to the Laws Statutes and Customes of this Realm nor to the damage or hurt of the Kiâ—gs Prerogative Royal were to be used and executed as in former times And by the Statute 26. H. 8. c. 1. of the Kings Suprâ—macy that according to the Recognition made in Convocation ouâ— said Soveraign Lord his heirs and succesâ—ors Kings of this Realm shall have full power and authority from time to time to visit repress reform order correct c. all such Errours heresies abuses offences contempâ—s and enormities whatsoever they be c. as may be most to the pleasure of Almighty God the increase of virâ—â—e in Christs Religion and for the peace unity and tranquillity of this Realm and the confirmation of the same So that you see these several ways of ordering matters for the Publick weal 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 nâ—w Canons as are or shall be made in Convocation with and by the Kings Consenâ— And Thirdly by the authority of the Soveraign Prince according to the Precedentâ— laid down in the book 〈…〉 and the best agâ—s 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 onely not Introdâ—ctory of a new which said we shall the better see whether the Parliament have had any thing
them which being agreed on by the Clâ—rgie and by them presented to the King humbly requiring him to give his royal asâ—ent unto them according to the Statute made in the 25 of K. H. 8 and by his Majesties Prerogative and Supream authority in Ecclesiastical causes to ratifie and confirm the same his Majesty was graciously pleased to confirm and ratifie them by his Letters Patents for himself his heirs and lawfull successours straightly commanding and requiring all his loving Subjâ—cts diligâ—ntly to observe execute and keep the same in all points wherein they do 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 law could give them 7. An Answer to the main Objections of either Party BUt against this all which hath been said before it will be objected â—hat being the Bishops of the Church are fully and wholly Parliamentarian and have no more authority and jurisdiction nisi a Parliamentis derivatum but that which is conâ—erred upon them by the power of Parliamâ—nts as both Sanders and Schultingius do expresly say whatsoever they shall do oâ— conclude upon either in Convocation or in more private conferences may be called Pâ—rliâ—menâ—arian also And this last calumny they build on the sevâ—ral Stâ—tutes 24. H 8. c. 12. touching the manner of eâ—ecting and consecrating Arch-Bishops and Bishops that of the 1 E. 6. c. 2. appointing how they shall be chosen and what seaâ—s they shaâ—l uâ—e thâ—se of 3 and 4 Ed. 6. c. 12. 5 6. E. 6. â—or authorizing of the book of Ordination But châ—â—fly that of the 8 Eliz. c. 1. for making good all Acts since 1 Eliz. in coâ—sâ—crating any Arch Bishop or Bishop within this Reaâ—m â—o give a general answer to each several cavil 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 power in Spiritual matâ—ers from no other hands then those of Christ and his Apostles their Temporal honors and posâ—â—â—â—ions from the bounty and affection onely of our Kings Princes their Ecclesiastical juriâ—diction in caâ—ses Matrimonial Testamentary and the like for which no action lieth at the common Law from continuall usage and prescription and ratified and continued unto them in the Magna Charta of this Realm and 〈◊〉 more unto the Parliament than all sort of subjects do besidâ—s 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. doâ—h only constitute and ordain a way by which they might be chose and conâ—ecrated without recourse to Rome for a conâ—irmation which formerly had put the Prâ—lates to great charge and trouble but for the form and maâ—ner of their consecration the Staâ—uâ—e leaves it to those Rites and Ceremonies wherewith before it was perfoâ—â—ed and therefore Sanders doth not stick to affirm that all the Bishops which were made in King Henries days were lawfully and Canonically ordained and consâ—crated the Bishops of that time not onâ—ly being acknowledged in Queen Maries days for lawfull and Canonical Bishops but called on to assist at the consecration of such other Bishops Carâ—inal Pool himself for one as were promoted in her Reign whereof see Masons book de Minist. Ang. l. c. 〈◊〉 Next for the Statute 1 E. 6. cap. 2. besides that it is satisfied in part by the former Answer as it relates to their Canonâ—cal Consecrations it was repeaeld to Tâ—rminis in the first of Queene Maries Reigne and never stood in â—orce nor practise to this day That of the authorizing of the booke of Ordination in two severall Parliaments of that King the one a parte ante and the other a parte post as before I told you mâ—ght indeed seeme somewhat to the purpose if any thing were wanâ—ing in it which had beene used iâ— the formula's of the Primitive times or if the book had beâ—n composed in Paâ—liament or by Parliament men or otherwise received more authority from them then that iâ— might be lawfully used and exercâ—sed thâ—oughouâ— the Kingdome But it is plâ—in that none of these things were oâ—jected 〈◊〉 Queen Maries dayâ—â— when the Pâ—pists stood mâ—st upon their points 〈◊〉 Ordinal being not â—aâ—led in because it had too much of the Parliament buâ— becauâ—e it had too lâ—ttle of the Pope and reâ—shâ—d too strongly of the Pâ—imitive piety And for the Sâ—atute oâ— 8 of Qu. Elizâ—beth which is chiefly stood on all that was done therein was no more then thiâ— and on this occasion A question had been mâ—de by captiouâ— and unquiet men and amongst the rest by Doctor Bâ—nner sometimes Bishop of London whether the Bishops of those times were lawâ—ully ordained or not the reason of the doubâ— being this which I marvell Mason did not sâ—e because the â—ook of Ordination which was annulled and abâ—ogated in the 〈◊〉 of Queen Mary had not been yet restored and revived by any legal Act oâ— Qu. Elizabeths time which Cauâ—e being brought before the Pâ—rliamenâ— in the 8 year of her Reign thâ—Pâ—rliâ—ment took notice first that their not restoring of thaâ— booke 〈…〉 foâ—mer power in terâ—s significant and expresse was but 〈…〉 and then declare that by the Stature 5 and 6 E. 6. it had been 〈◊〉 to the book of Common-prâ—yer and Administration of the Sacramâ—nss as a member of it at least as an Appâ—â—dant to it and therefore by the Staâ—uâ—e 1 Eliz. c. â— was restored again together with the sâ—id boo◠〈◊〉 Common-prayer intentionally at the least if not in Terminis But 〈…〉 words in the said Statute were not clear enough to remove all doubâ—s they therefore did revive now and did accordingly enact That whatsoâ—veâ— had been done by vertue of that Ordination should be good in Law 〈…〉 the total of the Statute and this shews rather in my judgement thaâ— the Bishops of the Queens 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 laâ—t Objection which concerns the Parliament whose entertaining all occasions to manifest their power in Ecclesiasticall matâ—â—â—â— doth seeme to you to make that groundlesse slâ—nder of the Pâ—pists the more fair and plaâ—sible 'T is true indeed that many Members of both Houses in these latter Times have been â—een very ready to embrace all businesses which are offered to them out of a probable hope of drawing the managery of all Affairs as well Ecclesiastical as Civil into their own hands And some there are who being they cannot hope to have their fancies authorized in a regular way do put them upon such designs as neither can consist with the nature of Parliaments nor the authority of the King nor with the priviledges of the Clergy nor to say truth with
singing-men to sing them and prescribed Vestments also to thesâ—singing-men by no other power then the regal only None of the Priâ—sts consulted in iâ— for ought yet appears The like authority was â—xercised and enjoyed by the Christian Emperors not only in their calling Councels and many times assisting at them or presiding in them by themselves or their Deputies or Commissioners but also in confirming the Acts thereof He that consults the Câ—de and 〈◊〉 in the Civil Lawes will finde the best Princes to have been most active in things which did concern Religion in regulating matters of the Church and setting out their Imperial Edicts for suppressing of Hereticks Quid Imâ—eratori cum Ecclesia What hath the Emperor to dâ— in matters which concern the Church is one of the chief Brand marks which Optatus sets upon the Donatists And though some Christians of the East have in the way of scorn had the name of Melchites men of the Kings Religion as the word doth intimate bâ—cause they adhered unto those Doctrines which the Emperors agreeable to former Councels had confirmed and ratified yet the best was that none but Sectaries and Hereticks put that name upon them Neither the men nor the Religion was a â—ot the worse Nor did they only deal in matters of Exterior Order but even in Doctrinals matters intrinsecal to the Faith for which their Enoticon set out by the Emperor Zeno for setling differences in Religion may be proof sufficiâ—nâ—â— The like authority was exercised and enjoyed by Charles the Great when he attained the Western Empire as the Capitulaâ—s published in hiâ— Name and in the names of his Successors do most clearly evidence and not much lesse enjoyed and practisâ—d by the Kings of England in the elder Times though more obnoxious to the power of the Pope of Rome by reason of his Apostleship if I may so call it the Christian Faith being first preached unto the English Saxons by such as he employed in that holy Work The instanceâ— whereof dispersed in several places of our English Histories and other Monuments and Records which concern this Church are handsomely summed up together by Sir Edward Coke in the fift part of his Reports if I well remember but I am sure in Cawdâ—ies Case entituled De Iure Regis Ecclesiastico And though Parsons the Iesuite in his Answer unto that Report hath took much pains to vindicate the Popes Supremacy in this Kingdome from the first planting of the Gospel among the Saxons yet all he hath effected by it proves no more thâ—n this That the Popes by permission of some weak Princes did exercise a kinde of concurrent jurisdiction here with the Kings themselves but came not to the full and entire Supremacy till they had brought all other Kings and Princes of the Western Empire nay even the Emperors themselves under their command So that when the Supremacy was recognized by the Clergy in their Convocationâ—o K. H. 8. it was only the restoring of him to his proper and original power invaded by the Popes of these later Ages though possiâ—ly the Title of Supreme Head seemed to have somewhat in it of an 〈◊〉 At which Title when the Papists generally and Calvin in his Comment on the Prophet Amos did seem to be much scandalizâ—d it was with much wisdome changed by Q. Elizabeth into that of Supreme Governour which is still in use And when that also would not down with some queasie stomachs the Queen her self by her Injunctions published in the first year of her Reign and the Clergy in their Book of Articles agreed upon in Convocation about five years aâ—ter did declare and signifie That there was no authority in sâ—cred matters contained under that Title but that only Prerogative which had bâ—en given alwaies to all godly Princes in holy Scriptuâ—es by God himself that iâ— That they should rule all Estates and degrees committâ—d to their change by God whether they be Ecclesiastical or Temporal and to restrain with the Civil Sword the stubborn and evil dâ—ers as also to exclude thereby the Bishop of Rome from having any jurisdiction in the Realm of England Artic. 37. Lay this unto the rest before and tell me if you câ—n what hath been acted by the Kings of England in the Reformation of Religion but what is warranted unto them by the practise and example of the most godly Kings of Iewry seconded by the most godly Emperorâ— in the Christian Church and by the usage also of their own Predecessors in this Kingdome till Papal Usurpation carried all before it And being that all the Popes pretended to in this Realm was but Usurpation it was no wrong to take that from him which he had no right to and to restore it at the last to the proper Owner Neither Prescription on the one side nor discontinuance on the other change the case at all that noted Maxim of our Lawyers that no prescriptionâ—indes the King or Nullum tempus occurrit Regi as their own words are being as good against the Pope as against the Subject This leads me to the second part of this Dispute the dispossessing of the Pope of that supreme Power so long enjoyed and exercised in this Realm by his Predecessors To which we say that though the pretensions of the Pope were antient yet they were not Primitive and therefore we may answer in our Saviours words Ab initio non â—uit sic it was not so from the beginning For it is evident enough in the course of story that the Pope neither claimed nor exercised any such Supermacy within this Kingdome in the first Ages of this Church nor in many after till by gaining from the King the 〈◊〉 of Bishops under Henry the â— the exemption of the Clergy from the Courts of Justice â—nder Henry the 2. and the submission of King Iohn to the See of Rome they found themselves of strength sufficient to make good their Plea And though by the like artifices seconded by some Texts of Scripture which the ignorance of those times incouraged them to abuse as they pleased they had attained the like Supremacy in France Spain and Germany and all the Churches of the West yet his incroachmâ—nts werâ— opposed and his authority disputed upon all occasions especially aâ— the light of Letters did begin to shine Insomuch as it was not only determined essentially in the Councel of Constance one of the Imperial Cities of High Germany that the Councel was above the Pope and his Authority much 〈◊〉 by the Pragmatick Sanction which thence took beginning but Gerson the learned Chancellor of Paris wrote a full discourse entituled De auferibilitate Papae â—ouching the totall abrogating of the Papall Office which certainly he had never done in case the Papall Office had been found â—ssential and of intrinsecal concernment to the Church of Christ According to the Position of that learned man the greatest Princes in these times did look upon the Pope and the Papall power
from one another for which the so much celebrated Canon of the Nâ—cene Councel may may be proâ—f suâ—â—icient If not the Edicts of Iusâ—inian shall come in to help by which it was decreed that all Appeals in point of grievance should lie from the Bishop to the Metropolitan and from the Metropolitans unto the Primates the Patriarchs as he cals them of the several Diocessâ—s By which accompt it doth appear that the Patriarchâ—te of Rome was anâ—iently confined within the Praefecture of that City in which respect as the Provinces subject to the Pope were by Ruffinus called Regiones Suburbicariae or the City Provinces so was the Pope himself called Vrbicus or the City-Bishop by Optatus Aâ—er To prove this point more plâ—inly by particular instances I shall take leave to travel over the Western Diocesses to seâ— what marks of Independence we can finde among them such as dissenting in opinion from the Church of Rome or adhering unto different ceremonies and formes of worship or otherwise standing in defence of their own authority And first the Diocesse of Italy though under the Popes nose as we use to say was under the command of the Archbishop of Millaine as the Primate of it which City is therefore called by Athanasius {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} the Metropolis or chief City oâ—Italy The Saturdaies fast observed at Rome and not at Millaine Quando Romae sum jejuno Sabbato quum hic sum non jejuno Sabbato as S. Ambrose hath it shewes clearly that the one had no dâ—pendence upon the other And yet the diffâ—rence of Divine Offices or Formes of worship is a more pregnant proof then this the Churches of Millain officiating for many ages by a Liturgie which S. Ambrose had a special hand in they of the Patriarchate of Rome following the old Roman Missals not fully finished and compleated till the time of Pope Gregory Whence the distinction of Ecclesiae Ambrosianae Ecclesiae Gregorianae extant in Bonaventure and others of the writers of the later times Crosse we the Seas unto the Diocesse of Africk governed in chief by the Pâ—imate or Archbishop of Carthage and there we finde S. Cyprian determining against Pope Stephen in the then controverted case of Rebaptization and calling him in his Epistle of Pompeius an obstinate and presumptuous man and a fauter of Hereticks no very great tokens of subjection if you mark it well The error of his judgement in the point debated I regard not here but I am sure that in defence of his authority and jurisdiction he was right enough and therein strongly seconded by the African Church opposing the incroachments of Zosimus Boniface and Celestine succeeding one another in the Roman Patrâ—archaâ—e prohibiting all appeals to Rome in the Councels of Milevis and Carthage and finally â—xcommunicating Lupicinus for appealing to Pope Leo the first contrary to the rites and liberties of the African Church Next for the Diocesse of Spain I look upon the Musarabick Liturgie composed by Isidore Archbishop of Sevil and universally received in all the Churches of that Continent 〈…〉 as the Amâ—rosian Office was in the Church of Mâ—llain the Roman or Gregorian Missal not being used in all this Countrey till the year 1083. At which time one Bernard a Frenchman and a great stickler in behalf of the Roman Ceremonies being made Archbishop of Toledo by practising with Alfonso the then King of Castile first introduced the Roman Missall into some of the Churches of that City and after by degrees into all the rest of those Kingdomes soon after the Chuâ—ches of France the greatest and most noble part of the Gallick Diocesse they were originally under the authority of the Bishop of Lions as their proper Primate not owing any suiâ— of sâ—rvice to the Court of Rome but standing on their own Basis and acting all 〈…〉 did The freedome wherewith Iâ—enaeuâ— the renowned 〈◊〉 of that City reproved the rashnesse of Pope Victor in the Case of Easter not well becoming an inferiâ—r Bishop to the Supreme Pastor shewes plainly that they stood on even ground and had no advantage of each other in respect of sub supra as Logicians say notwithstanding that more powerful Principality potentior principalitas as the Latin hath it which Irenaeus did allow him over those at home But a more evident proof of this there can hardly be then those large libâ—rties and freedomes which the Church Gallican doth at this time enjoy the remainders past all doubt of those antient rights which under their own Patriarch they were first possessed of not suffering the Decrees of the Councel of Trent that great supporter of the Popâ—dome to take place amongst them but as insensiâ—ly and by the practises of some Bishopâ— they were introduced cuâ—bing the Popes exorbitant power by the pragmatick Sanction and by the frequent Judgements and Arrests of Parliament insomuch â—s a Book of Cardinal 〈◊〉 tending to the advancement of the Papall Monarchy and another writ by Becanus the Iesuiteâ—ntiâ—uled Controvâ—rsia Anglicana in maintenance of the Popes supremacy weâ—e suppâ—essed and cenâ—uâ—ed anno 1612. Another writ by â—aspâ—r Schioppius to the same effect but with â—ar lesse modesty being at the same time burnt by the hands of the Hangman Finally for the Churches of the Diocesse of Britain those of Illyricum lying too far off to be brought in here they had their own Primate also the Archbishop of York and under him two Metropolitâ—nâ— the Bishops of London and Caer-leon And for a character of their Freedome or self subsistence they had four different customes from the Church of Rome as in the Tonsure and the keeping of the Feast of Easter wherein they followed the Tradition of the Eastern Churches So firm withall in their obedience to their own Primate the Archbishop of Caâ—r-leon on Vsh the only Archbishop of three which before they had that they would by no means yeeld subâ—ection unto Augustine the Monk the first Archbishop of the English though he came armed amongst them with the Popes authority Nor would they afterwards submit unto his successors though backed by the authority of the Kings of England acknowledging no other Primate but the Bishop of St. Davids to which the Metropolitan See was then translated untill the time of Henry the 2. when the greatest part of South Wales and the City of S. Davids it self was in possession of the English These were the Patriarchs or Primates of the Western Churches and by these Primates the Church was either governed singly but withall supremely in their several Diocesses taking the word Diocese in the former notion or in conjunction each with other by their letters of advice and intercourse which they called Literas Formatas and Communicatorias You see by this that though the Pope was one of the Western Patriarchs yet was he not originally and by primitive Instiâ—ution either the Patriarch of the West that is to say not the only one nor could pretend