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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
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
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