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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
thing at all with the booke of Articles Where by the way if you behold the lawfullnesse of Priests Marriages as a matter Doctrinall or thinke we owe that Point of Doctrine and the indulgence granted to the Clergy in it to the care and goodnesse of the Parliament you may please to know that the point had beene before determined in the Convocation and stands determined by and for the Clergy in the 31. of those Articles and that the Parliament looked not on it as a point of Doctrine but as it was a matter practicall conducing to the benefit and improvement of the Common-wealth Or if it did yet was the Statute built on no other ground-worke than the resolution of the Clergy the Marriage of Priests being before determined to be most lawfull I use the very words of the Act it selfe and according to the word of God by the learned Clergy of this Realm in their Convocations as well by the common assent as by subscription of their hands 5.6 Ed 6. c. 12. And for the time of Q. Elizabeth it is most manifest that they had no other body of Doctrine in the first part of her Reigne then only the said Articles of K. Edward's booke and that which was delivered in the booke of Homilies of the said kings time in which the Parliament had as little to doe as you have seene they had in the booke of Articles But in the Convocation of the yeare 1562. being the fifth of the Queenes Reigne the Bishops and Clergy taking into consideration the said booke of Articles and altering what they thought most fitting to make it more conducible to the use of the Church and the edification of the people presented it unto the Queene who caused it to be published with this name and Title viz. Articles whereupon it was agreed by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London An. 1562. for the avoiding of diversitie of opinions and for establishing of consent touching true Religion put forth by the Queenes authority Of any thing done or pretended to be done by the power of Parliament either in the way of approbation or of confirmation not one word occurres either in any of the printed bookes or their publique Registers At last indeed in the thirteenth of the said Queenes Reigne which was eight yeares full after the passing of those Articles comes out a Statute for the redressing of disorders in the Ministers of holy Church In which it was enacted That all such as were ordeined Priests or Ministers of God's Word and Sacraments after any other forme than that appointed to be used in the Church of England all such as were to be ordeined or permitted to preach or to be instituted into any Benefice with cure of Soules should publiquely subscribe to the said Articles and testifie their assent unto them which shewes if you observe it well that though the Parliament did well allow of and approve the said booke of Articles yet the said booke owes neither confirmation nor authority to the Act of Parliament So that the wonder is the greater that that most insolent scoffe which is put upon us by the Church of Rome in calling our Religion by the name Parliamentaria Religio should passe so long without controle unlesse perhaps it was in reference to our Formes of worship of which I am to speake in the next place But first we must make answere unto some objections which are made against us both from Law and practise For Practise first it is alleaged by some out of Bishop Iewell in his answere to the cavill of Dr. Harding to be no strange matter to see Ecclesiasticall causes debated in Parliament and that it is apparent by the Lawes of K. Inas K. Alfred K. Edward c. That our godly forefathers the Princes and Peeres of this Realme never vouchsafed to treate of matters touching the common State before all controversies of Religion and Causes Ecclesiasticall had beene concluded Def. of the Apol. pt. 6. c. 2. 1. But the answere unto this is easy For first if our Religion may be called Parliamentarian because it hath received confirmation and debate in Parliament then the Religion of our Forefathers even Papistry it selfe concerning which so many Acts of Parliament were made in K. Henry 8. and Q. Maries time must be called Parliamentarian also And Secondly it is most certaine that in the Parliaments or Common Councels call them which you will both of King Inas time and the rest of the Saxon Kings which Bishop Iewell speakes of not only Bishops Abbats and the higher part of the Clergy but the whole body of the Clergy generally had their votes and suffrages eyther in person or by Proxy Concerning which take this for the leading Case That in the Parliament or Common Councell in K. Ethelbert's time who first of all the Saxon Kings received the Gospell the Clergy were convened in as full a manner as the Lay subjects of that Prince Convocato cōmuni Concilio tam Cleri quàm Populi saith Sr. H. Spelman in his Collection of the Councels An. 605. p. 118. And for the Parliament of King Ina which leades the way in Bishop Iewell it was saith the same Sr. H. Spelman p. 630. Commune Concilium Episcoporum Procerum Comitum necnon omnium Sapientum Seniorum populorumque totius Regni where doubtlesse Sapientes and Seniores and you know what Seniores signifieth in the Ecclesiasticall notion must be some body else then those which after are expressed by the name of Populi which shewes the falshood and absurdity of the collection made by Master Prynne that in the epistle to his booke against Doctor Cousins viz. That the Parliament as it is now constituted hath an ancient genuine just and lawfull Prerogative to establish true Religion in our Church and to abolish and suppresse all false new and counterfeit doctrines whatsoever unlesse he meanes upon the post-fact after the Church hath done her part in determining wh●t was true what false what new what ancient and finally what Doctrines might be counted counterfeit and what sincere And as for Law 't is true indeed that by the Statute 1 Eliz. cap. 1. The Court of Parliament hath pawer to determine and judge of Heresie which at first sight seemes somewhat strange but on the second view you will easily finde that this relates only to new and emergent Heresies not formerly declared for such in any of the first foure Generall Councells nor in any other Generall Councell adjudging by expresse words of holy Scripture as also that in such new Heresies the following words restraine this power to the Assent of the Clergy in their Convocation as being best able to instruct the Parliament what they are to doe and where they are to make use of the secular sword for cutting off a desperat Heretick from the Church of CHRIST or rather from the body of all Christian people 4. Of the Formes
their Priviledges and finally to impose some hard Lawes upon them Of which Matt. Parker thus complaines in the life of Cranmer Qua Ecclesiasticarum legum potestate abdicata populus in Parliamento coepit de rebus divinis inconsulto Clero Sancire tum absentis Cleri privilegia sensim detrahere juraque duriora quibus Clerus invitus teneretur constituere But these were only tentamenta offers and undertakings only and no more than so Neither the Parliaments of K. Edward or Q. Elizabeths times knew what it was to make Committees for Religion or thought it fit that Vzzah should support the Arke though he saw it tottering That was a worke belonging to the Levites only none of the other Tribes were to meddle with it But as the Puritan faction grew more strong and active so they applied themselves more openly to the Houses of Parliament but specially to the House of Commons putting all power into their hands as well in Ecclesiasticall and Spirituall Causes as in matters Temporall This amongst others confidently affirmed by Mr. Prynne in the Epistle to his book called Anti-Arminianisme where he averres that all our Bishops our Ministers our Sacraments our Consecration our Articles of Religion our Homilies common-prayer-Common-Prayer-book yea and all the Religion of our Church is no other way publiquely received supported or established amongst us but by Acts of Parliament And this not only since the time of the Reformation but that Religion and Church affaires were determined ratified declared and ordered by Act of Parliament and no wayes else even then when Popery and Church-men had the greatest sway Which strange assertion falling from the Pen of so great a Scribe was forthwith cheerfully received amongst our Pharisees who hoped to have the highest places not only in the Synagogue but the Court of Sanhedrim advancing the authority of Parliaments to so high a pitch that by degrees they fastned on them both an infallibility of judgement and an omnipotency of Power Nor can it be denied to deale truly with you but that they met with many apt Schollers in that house who eyther out of a desire to bring all the grist to their own Mill or willing to enlarge the great power of Parliaments by making new Precedents for Posteritie or out of faction or affection or what else you please began to put their Rules in practise and draw all matters whatsoever within the cognizance of that Court In wch their embracements were at last so generall and that humour in the House so prevalent that one being once demanded what they did amongst them returned this Answer That they were making a new Creed Another being heard to say That he could not be quiet in his Conscience till the holy Text should be confirmed by an Act of Theirs which passages if they be not true and reall as I have them from an honest hand I assure you they are bitter jests But this although indeed it be the sicknesse and disease of the present times and little to the honour of the Court of Parliament can be no prejudice at all to the Cause of Religion or to the way and meanes of the Reformation amongst sober and discerning men the Doctrine of the Church being setled the Liturgie published and confirmed the Canons authorized and executed when no such humor was predominant nor no such Power pretended to by both or eyther of the Houses of the High Court of Parliament Thus Syr according to my promise and your expectation have I collected my Remembrances and represented them unto you in as good a fashion as my other troublesome affaires and the distractions of the time would give me leave and therein made you see if my judgement faile not that the Parliament hath done no more in matters wch concern'd Religion and the Reformation of this Church then what hath formerly been done by the secular Powers in the best and happiest times of Christianity and consequently that the clamour of the Papists which hath disturbed you is both false and groundlesse Which if it may be serviceable to your selfe or others whom the like doubts and prejudices have possessed or scrupled it is all I wish my studies and endeavors ayming at no other end then to doe all the service I can possibly to the Church of God to whose Graces and divine Protection you are most heartily commended in our Lord and Saviour JESUS CHRIST by SIR Your most affectionate freind to serve you E. Y. Covent-Garden Iun. 29. 1645.
of the usuall Ceremonies and the fire of Purgatory they differ'd very much from those opinions which had beene formerly received in the Church of Rome as you may partly see by that extract of them which occurres in Fox his Acts and Monuments vol. 2. fol. 1246. For the confirming of which booke and recommending it to the use of the people his Majesty was pleased in the Injunctions of the yeare 1536. to give command To all Deanes Parsons Vicars and Curats so to open and declare in their Sermons and other Collations the said Articles unto them which be under their Cure that they might plainly know and discerne which of them be necessary to be beleeved and observed for their salvation and which doe only concerne the Decent and politique Order of the Church And this he did upon this ground that the said Articles had beene concluded and condiscended upon by the Prelates and Clergy of the Realme in their Convocation as appeareth in the very words of the Injunction for which see Fox his Acts and Monuments fol. 1247. I finde not any thing in Parliament which relates to this either to countenance the worke or to require obedience and conformity from the hands of the people And to say truth neither the King nor Clergy did account it necessary but thought their owne authority sufficient to goe through with it though certainly it was more necessary at that time then in any since the power and reputation of the Clergy being under foot the King scarce setled in the Supremacy so lately recognized unto him and therfore the authority of the Parliament of more use than afterward in times well ballanced and established 'T is true that in some other yeares of that Princes Reigne we finde some use and mention of an Act of Parliament in matters which concern'd Religion but in was only in such times when the hopes of Reformation were in the wane and the worke went retrograde For in the yeare 1539. being the 31 H. 8. When the Lord Cromwel's power began to decline and the King was in a necessitie of compliance with his neighbouring Princes there passed an Act of Parliament commonly called the Statute of the six Articles or the whip with six stringes In which it was enacted That whosoever by word or writing should preach teach or publish that in the blessed Sacrament of the Altar under forme of bread and wine there is not really the naturall Body and Blood of our Saviour Jesus Christ conceived of the virgin Mary or affirme otherwise thereof then was maintained and taught in the Church of Rome should be adjudged an Heretick and suffer death by burning and forfeit all his Lands and Goods as in case of high Treason Secondly that Whosoever should teach or preach that the Communion of the blessed Sacrament in both kindes is necessary for the health of mans Soule and ought so to be ministred Thirdly or that any man after the Order of Priest-hood received might marry or contract matrimony Fourthly or that any woman which had vowed and professed chastity might contract marriage Fifthly or that private Masse were not lawfull and laudable and agreeable to the word of God Or sixthly that Auricular Confession was not necessary and expedient to be used in the Church of God should suffer death and forfeit Lands and Goods as a felon 31 of H. 8. c 14. The rigour of which terrible Statute was shortly after mitigated in the said Kings Reigne 32. H. 8. c 10. and 35. of H. 8. c. 5. and the whole Statute absolutely repealed by Act of Parliament 1. Ed. 6. c. 12. But then it is to be observed first that this Parliament of King Henry the Eighth did not determine any thing in those six points of Doctrine which are therein recited but only tooke upon them to devise a course for the suppressing of the contrary opinions by adding by the secular Power the punishment of Death and forfeiture of Lands and Goods unto the censures of the Church which were grown weake if not invalid and consequently by degrees became neglected ever since the said King Henry tooke the Headship on him and exercised the same by a Lay Vicar-Generall And secondly you must observe that it appeareth evidently by the Act it selfe that at the same time the King had called a Synod and Convocation of all the Archbishoppes Bishoppes and other learned men of the Clergy that the Articles were first deliberately and advisedly debated argued and reasoned by the said Archbishops Bishops and other learned men of the Clergy and their opinions in the same declared and made knowne before the matter came in Parliament and finally that being brought into the Parliament there was not any thing declared and passed as doctrinall but by the assent of the Lords spirituall and other learned men of the Convocation as by the Act it selfe doth at large appeare Finally whatsoever may be drawne from hence can be only this That King Henry did make use of his Court of Parliament for the establishing and confirming of some points of Popery which seemed to be in danger of a Reformation And this compared with the Statute of the 34. 35. prohibiting the reading of the Bible by most sorts of people doth clearely shew that the Parliaments of those times did rather hinder and retard the worke of Reformation in some especiall parts thereof than give any furtherance to the same But to proceede There was another point of Reformation begunne in the Lord Cromwel's time but not produced nor brought unto perfection till after his decease and then too not without the midwifery of an Act of Parliament For in the yeare 1537. the Bishops and others of the Clergy of the Convocation had composed a booke entituled the Institution of a Christian man which being subscribed by all their hands was by them presented to the King by his most excellent judgement to be allowed of or condemned This booke conteyning the cheife heads of Christian Religion was forth with printed and exposed to publique view But some things not being clearely explicated or otherwise subject to exception he caused it to be reviewed and to that end as Supreme Head on Earth of the Church of England I speake the very words of the Act of Parliament 32. H. 8 c. 26. appointed the Archbishops and Bishops of both Provinces and also a great number of the best learned honestest and most virtuous sort of the Doctors in Divinity men of discretion judgement and good disposition to be called together to the intent that according to the very Gospell and Law of God without any partiall respect or affection to the Papisticall sort or any other Sect or Sects whatsoever they should declare by writing and publish as well the principall Articles and Points of our Faith and Beleife with the Declaration true understanding and observation of such other expedient points as by them with his Grace's advise Counsaile and Consent shall be thought needfull and expedient As
the liberty granted to the people in having in their hands the bookes of the old and new Testament had beene much abused by many false glosses and interpretations which were made upon them tending to the seducing of the people especially of the younger sort and the raysing of sedition within the Realme And thereupon it was enacted by the authority of the Parliament on whom he was content to cast the envy of an Act so contrary to his former gracious Proclamations that all manner of bookes of the old and new Testament of the crafty false and untrue Translation of Tyndall be forthwith abolished and forbidden to be used and kept As also that all other Bibles not being of Tyndalls translation in which were found any Preambles or Annotations other than the quotations or Summaries of the Chapters should be purged of the said Preambles and Annotations eyther by cutting them out or blotting them in such wise that they might not be perceived or read And finally that the Bible be not read openly in any Church but by the leave of the King or of the Ordinary of the place nor privately by any Women Artificers Prentices Iourneymen Husbandmen Labourers or by any of the servants of Yeomen or under with severall paines to those who should doe the contrary This is the substance of the Statute of the 34. 35. H. 8. cap. 1. which though it shewes that there was somewhat done in Parliament in a matter which concern'd Religion which howsoever if you marke it was rather the adding of the penalties than giving any resolution or decision of the points in Question yet I presume the Papists will not use this for an Argument that we have eyther a Parliament-Religion or a Parliament-Gospell or that we stand indebted to the Parliament for the use of the Scriptures in the English Tongue which is so principall a part of the Reformation Nor did the Parliament speede so prosperously in the undertakiug which the wise King permitted them to have an hand in for the foresaid ends or found so generall an obedience in it from the common people as would have beene expected in these times on the like occasion but that the King was faine to quicken and give life to the Acts thereof by his Proclamatiom An. 1546. which you shall find in Fox his booke fol. 1427. To drive this nayle a little farther The terror of this Statute dying with H. 8. or being repealed by that of K. E. 6. 1 E. 6. c. 12. the Bible was againe made publique and not only suffered to be read by particular persons either privately or in the Church but ordered to be read over yearely in the Congregation as a part of the Liturgy or divine Service which how farre it relates to the Court of Parliament we shall see anon But for the publishing thereof in print for the use of the people for the comfort and edification of private persons that was done only by the King at least in his name and by his authority And so it also stood in Q. Elizabeths time the Translation of the Bible being againe reviewed by some of the most learned Bishops appointed thereunto by the Queenes Commission from whence it had the name of the Bishops-Bible and upon that Review reprinted by her sole Commandement and by her sole authority left free and open to the use of her well affected and Religious Subjects Nor did the Parliament doe any thing in all her Reigne with reference to the Scriptures in the English tongue otherwise than as the reading of them in that tongue in the Congregation is to be reckoned for a part of the English Liturgy whereof more hereafter In the translation of them into Welch or British somewhat indeed was done which doth looke this way It being ordered in the Parliament 5. Eliz. c. 28. That the B. B. of Hereford St. Davids Bangor Landaffe and St. Asaph Should take care amongst them for translating the whole Bible with the booke of Common Prayer into the Welch or British tongue on paine of forfeiting 40 a peece in default hereof And to encourage them thereunto it was enacted that one booke of either sort being so translated and imprinted should be provided and bought for every Cathedrall Church as also for all parish Churches and Chappells of ease where the said tongue is commonly used the Ministers to pay the one halfe of the price and the parishioners the other But then you must observe withall that it had beene before determined in the Convocation of the selfe same yeare An. 1562. That the Common-prayer of the Church ought to be celebrated in a tongue which was understood by the people as you may see in the booke of Articles of Religion Art 24. which came out that yeare and consequently as well in the Welch or British as in any other And for the new Translation of K. Iames his time to shew that the Translation of Scripture is no worke of Parliament as it was principally occasioned by some passages in the Conference at Hampton Court without recourse unto the Parliament so was it done only by such men as the King appointed and by his authority alone imprinted published and imposed care being taken by the Canon of the yeare 1603. That one of them should be provided for each severall Church at the charge of the Parish No flying in this case to an Act of Parliament either to authorize the doing of it or to impose it being done 3. Of the Reformation of Religion in points of Doctrine NExt let us look upon the method used in former times in the reforming of the Church whether in points of Doctrine or in formes of Worship and we shall find it still the same The Clergy did the worke as to them seemed best never advising with the Parliament but upon the post fact and in most cases not at all And first for Doctrinals there was but little done in king Henries time but that which was acted by the Clergie only in their Convocations and so commended to the people by the Kings sole authority the matter never being brought within the cognizance of the two Houses of Parliament For in the yeare 1536 being the yeare in which the Popes authoritie was for ever banished there were some Articles agreed on in the Convocation and represented to the King under the hands of all the Bishops Abbats Priors and inferiour Clergy usually called unto those meetings the Originall whereof being in Sir Robert Cottons Library I have often seene which being approved of by the King were forthwith published under the Title of Articles devised by the Kings Highnesse to stable Christian quietnesse and unity amongst the people In which it is to be observed first that those Articles make mention of 3 Sacraments only that is to say of Baptisme Penance and the Sacrament of the Altar And secondly that in the declaration of the Doctrine of Iustification Images honouring of the Saints departed as also concerning many