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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 in Spirituall matters from no other hands than those of Christ and his Apostles their Temporall honors and possessions from the bounty and affection only of our Kings and Princes their Ecclesiasticall Jurisdiction in Causes Matrimoniall Testamentary and the like for which no Action lieth at the Common-Lawe from continuall usage and prescription and owe no more unto the Parliament than all sort of Subjects doe besides whose fortunes and Estates have been occasionally and collaterally confirmed in Parliament And as for the particular Statutes which are touched upon that of the 24 H. 8. doth only constitute and ordain a way by which they might be chose and consecrated without recourse to Rome for a confirmation which formerly had put the Prelates to great charge and trouble but for the Form and manner of their Consecration the Statute leaves it to those Rites and Ceremonies wherewith before it was performed And therefore Sanders doth not stick to affirm that all the Bishops which were made in King Henries dayes were Lawfully and Canonically ordained and Consecrated the Bishops of that time not only being taken and acknowledged in Queen Maries dayes for lawfull and Canonicall Bishops but called on to assist at the Consecration of such other Bishops Cardinall Poole himselfe for one as were promoted in her Reigne whereof see Mason's book de Minist. Ang. l. 3. c.. Next for the Statute 1 Ed. 6. cap. 2. besides that it is satisfied in part by the former Answer as it relates to their Canonicall Consecrations it was repealed in Terminis in the first of Q. Maries Reigne and never stood in force nor practice to this day That of the authorizing of the book of Ordination in two severall Parliaments of that King the one a parte antè and the other a parte pòst as before I told you might indeed seem somewhat to the purpose if any thing were wanting in it which had been used in the formula's of the Primitive times or if the book had been composed in Parliament or by Parliament men or otherwise received more Authority from them then that it might be lawfully used and exercised throughout the Kingdom But it is plain that none of these things were objected in Queen Maries dayes when the Papists stood most upon their points the Ordinall not being called in because it had too much of the Parliament but because it had too little of the Pope and relished too strongly of the Primitive Piety And for the Statute of the 8 of Q. Elizabeth which is cheifly stood on all that was done therein was no more than this and on this occasion A question had been made by captious and unquiet men and amongst the rest by Dr. Bonner sometimes Bishop of London whether the Bishops of those times were lawfully ordained or not the reason of the doubt being this which I mervaile Mason did not see because the Book of Ordination which was annulled and abrogated in the first of Q. Mary had not been yet restored and revived by any legall Act of Q. Elizabeths time which Cause being brought before the Parliament in the 8. yeare of her Reigne the Parliament took notice first that their not restoring of that book to the former Power in Termes significant and expresse was but Casus omissus and then declare that by the Statute 5 6 Ed. 6. It had been added to the Book of Common Prayer and Administration of the Sacraments as a member of it at least as an Appendant to it and therefore by the Statute 1 Eliz. c. 2. was restored againe together with the said book of Common Prayer intentionally at the least if not in Terminis But being the words in the said Statute were not cleare enough to remove all doubts they therefore did revive it now and did accordingly enact that whatsoever had been done by virtue of that Ordination should be good in Lawe This is the Totall of the Statute and this shewes rather in my judgement that the Bishops of the Queenes first times had too little of the Parliament in them then that they were conceived to have had too much And so I come to your last objection which concernes the Parliament whose entertayning all occasions to manifest their power in Ecclesiasticall matters doth seem to you to make that groundles slander of the Papists the more faire and plausible 'T is true indeed that many Members of both Houses in these latter times have been very ready to imbrace all businesses which are offered to them cut of a probable hope of drawing the managery of all Affaires as well Ecclesiasticall as Civill into their own hands and some there are who being they cannot hope to have their fancies authorised in a Regular way doe put them upon such designes as neither can consist with the nature of Parliaments nor the esteem and reputation of the Church of Christ And this hath been a practice even as old as Wicklef who in the time of K. Rich. 2. addressed his Petition to the Parliament as we reade in Walsingham for the Reformation of the Clergy the rooting out of many false and erroneous Tenents and for establishing of his own Doctrines who though he had some Wheat had more Tares by ods in the Church of England lest he might be thought to have gone a way as dangerous and unjustifiable as it was strange and new he laid it down for a Position that the Parliament or Temporall Lords where by the way this ascribes no authority or power at all to the House of Commons might lawfully examine and Reform the Disorders and Corruptions of the Church and on discovery of the errors and corruptions of it devest her of all Titles and Temporall endowments till she were reformed But for all this and more than this for all he was so strongly backed by the Duke of Lancaster neither his Petition nor his Position found any welcome in the Parliament further than that it made them cast many a longing eye on the Churches Patrimony or produced any other effect towards the worke of Reformation which he chiefly aymed at then that it hath since served for a Precedent to Penry Pryn and such like turbulent Innovators to disturbe the Church and set on foot those dreames and dotages which otherwise they durst not publish And to say truth as long as the Clergy were in power and had authority in Convocation to doe what they would in matters which concern'd Religion those of the Parliament conceived it neither safe nor fitting to intermeddle in such businesse as concern'd the Clergy for feare of being questioned for it at the Churches barre But when that power was lessen'd if it were not lost by the Submission of the Clergy to K. H. 8. and the Act of the Supremacy which ensued upon it then did the Parliaments begin to intrench upon the Church's Rights to offer at and enterteine such businesses as formerly were held peculiar to the Clergy only next to dispute their Charters and reverse
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
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-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.