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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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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
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
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