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A91309 Truth triumphing over falshood, antiquity over novelty. Or, The first part of a just and seasonable vindication of the undoubted ecclesiasticall iurisdiction, right, legislative, coercive power of Christian emperors, kings, magistrates, parliaments, in all matters of religion, church-government, discipline, ceremonies, manners: summoning of, presiding, moderating in councells, synods; and ratifying their canons, determinations, decrees: as likewise of lay-mens right both to sit and vote in councells; ... In refutation of Mr. Iohn Goodwins Innocencies Triumph: my deare brother Burtons Vindication of churches, commonly called Independent: and of all anti-monarchicall, anti-Parliamentall, anti-synodicall, and anarchicall paradoxes of papists, prelates, Anabaptists, Arminians, Socinians, Brownists, or Independents: whose old and new objections to the contrary, are here fully answered. / By William Prynne, of Lincolnes Inne, Esquire. Prynne, William, 1600-1669. 1645 (1645) Wing P4115; Thomason E259_1; ESTC R212479 202,789 171

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And when in the first times of Christs Church Prelates used this power 't was therefore onely because in those dayes they had no Christian Kings And it was then so onely used as in times of persecution that is with supposition is case it were required of submitting their very lives unto the very laws and commands even of those pagan Princes that they might not so muchas seem to disturb their civil Government which Christ came to confirm but by no meanes to undermine CHARLES by the Grace of GOD c. Now for asmuch as the said Lord Arch-bishop of Canterbury President of the said Convocation for the province of Canterbury and the said Arch-bishop of Yorke President of the said Convocation for the Province of Yorke and others the said Bishops Deans Arch-deacons Chapters and Colleges with the rest of the Clergie having met together respectively at the time and places before mentioned respectively and then and there by vertue of Our said authority granted unto them treated of concluded and agreed upon certaine Canons Orders Ordinances and Constitutions to the end and purpose by Vs limited and prescribed unto them have thereupon offered and presented the same unto Vs most humbly desiring Vs to give our Royall assent unto the same according to form of a certain Statute or Act of Parliament made in that behalfe in the 25th yeer of the Reign of King Henry the eighth and by Our said Prerogative Royall and Supream authority in Causes Ecclesiasticall to ratifie by Our Letters Patents under Our great Seal of England and to confirm the same The Title and Tenour of them being word for word as ensueth Wee of Our Princely inclination and Royall care for the maintenance of the present Estate and government of the Church of England by the Lawes of this Our Realme now setled and established having diligently with great contentment and comfort read and considered of all these their said Canons Orders Ordinances and Constitutions agreed upon as is before expressed And finding the same such as Wee are perswaded will be very profitable not only to Our Clergy but to the whole Church of this Our Kingdome and to all the true Members of it if they be well observed Have therefore for Vs. Our Heires and lawfull Successours of Our especiall grace certaine knowledge and meere motion given and by th●se presents doe give Our Royall Assent according to the forme of the said Statute or Act of Parliament aforesaid to all and every of the said Canons Orders Ordinances and constitutions and to all and every thing in them contained as they are before written And furthermore We do not onely by our said Prerogative Royall and supreme Authority in Causes Ecclesiasticall ratifie confirme and establish by these Our Letters Patents the said Canons Ordinances and Constitutions and all and every thing in them contained as is aforesaid but do likewise propound publish and straightly injoyne and command by Our said Authority and by these Our Letters Patents the same to be diligently observed executed and equally kept by all Our loving Subjects of this Our Kingdome both within the Provinces of Canterbury and Yorke in all points wherein they do or may concerne every or any of them according to this Our will and pleasure hereby signified and expressed And that likewise for the better observation of them every Minister by what name or title soever he be called shall in the Parish Church or Chappell where he hath charge read all the said Canons Orders Ordinances and Constitutions at all such times and in such manner as is prescribed in the said Canons or any of them The Booke of the said Canons to be provided at the charge of the Parish betwixt this and the Feast of S. Michael the Arch-angell next ensuing straightly charging and commanding all Archbishops Bishops and all other that exercise any Ecclesiasticall jurisdiction within this Realme every man in his place to see and procure so much as in them lyeth all and every of the same Canons Orders Ordinances and Constitutions to be in all points duly observed not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same as they tender the honour of God the peace of the Church the tranquillity of the Kingdome and their duties and service to Vs their King and Soveraigne In witnesse whereof We have caused these Our Letters to be made Patents Witnesse Our Selfe at Westminster the thirtieth day of Iune in the sixteenth yeare of Our Reigne By all these Patents with others of like nature directed to all our Convocations by our Kings in former and latter times by Our present Parliaments manner of calling limiting directing our present Assembly of Divines in all particulars of their proceedings and debates appointing some eminent Members of both Houses to sit and consult together with them and to certifie all their results and determinations to them to be considered rectified rejected or approved by both Houses as they in their wisdomes shall see cause and by the fore-cited premises it is most apparent that the Arch-bishops Bishops Clergy and Convocation of England assembled Synodically together much lesse then any particular Independent Minister or Congregation notwithstanding all their late printed vaunts of their Ecclesiasticall soveraigne Iurisdiction by divine right and power to prescribe and enjoyne Visitation-Oaths Articles new Rites and Ceremonies of their owne Inventions both unto Ministers and people which they seconded with their practice to the insufferable grievance and oppression of the people are so farre from having any lawfull right power and authority to make prescribe any Ecclesiasticall Injunctions Canons Lawes Rites Ceremonies or forme of Government to any of his Majesties Subjects that though they be lawfully assembled together in a Provinciall or Nationall Synod by the Kings owne Writ or Parliaments command yet they cannot legally or of right so much as treat debate consult of any Ecclesiasticall affaires without a speciall licence first obtained from the King or Parliament and then only of such generals or particulars as they shall prescribe them much lesse compile enact promulge impose or execute any Ecclesiasticall Canons Lawes Injunctions Ordinances Oaths without their speciall approbation and ratification of them by their speciall Letters Patents under the great Seale and by Act of Parliament too as hath been lately resolved by unanimous consent of both Houses in the case of the condemned new booke of Canons The like I have proved of the Bishops Clergie Councels in other Christian Empires and Kingdomes Where then is that immense Episcopall jurisdiction authority preheminence superiority power in point of dominion over and beyond that of ordinary Ministers which our Lordly Prelats lately so much boasted of and pleaded for as due unto them by no lesse then divine institution if we may beleeve them not by the Grace Patents Grants or connivence of Christian Princes Let these swelling ambitious Grandees
to abate this windy tumour consider with themselves that all their greatnesses piled together in a generall or Nationall Synod though steepled with the Popes owne Chaire and three-forked Miter cannot so much as treat of debate dispute determine any Church-affaires much lesse constitute or promulge any new Ecclesiasticall Lawes Canons Articles Ceremonies Rites c. without the previous licence and permission of those temporall Princes and Powers that summon them nor yet exercise any manner of Ecclesiasticall jurisdiction whatsoever more then the poorest Vicar and Curate breathing that is a Minister lawfully ordained without the Kings Letters Patents or Commission authorizing them which erected their Bishopricks Diocesse and Episcopall jurisdiction at the first and must still support them else they will fall to utter ruine and then all their pretended claimes and crackt title of jus divinum with all Independents Anabaptists Brownists Anti-monarchicall Anti-parliamentall fancies concerning the jurisdiction and authority of their Independent Congregations opposite to the premises will vanish into ayre If any deeme the premised power of Christian Princes and Civill Magistrates in limiting Synods and Councels thus to be derogatorie to the lawfull authority of Bishops Ministers Synods or Independent Churches Ianswer that it is not so forthese ensuing reasons First because the chiefe care of preserving the purity of Gods Worship Ordinances Religion the Churches peace prosperity and of suppressing all heresies errours schismes corruptions superstitions contrary thereunto is committed to Christian Princes and supreme temporall Magistrates both by the Lawes of God the constant acknowledgment use practice constitutions lawes canons of all Christian Empires Kingdomes Councels Synods in all ages and the Coronation-Oaths of all Emperours Kings Princes in the Christian World which oblige them to discharge this trust as the subsequent Sections will abundantly manifest Therefore the power of directing Synods Councels in debating matters of controversie making Lawes Canons c. concerning all or any of the premises and the confirming of them ought principally to belong to them Secondly because Christian Emperours Kings Princes are the supreme heads and Governours under Christ in and over all Ecclesiasticall persons Assemblies Synods Councels Churches within their owne Dominions as well as temporall and our Kings of England are declared to be such by severall Acts of Parliament by the Oaths of supremacy and Allegeance which all ought to take within their respective Dominions Therefore they ought of right to direct and order all manner of proceedings in such Ecclesiasticall Assemblies Synods it being the duty and just right of every Naturall and Politicke head to direct the members as of the head of the family to regulate and direct the family wife c. by way of authority or jurisdiction not they the head Thirdly because the Bishops and Clergy of our owne and other Realmes have no Legislative power or other Ecclesiasticall authority vested in them by the Word of God but onely to preach the Word administer the Sacraments and to binde or loose mens sinnes declaratively by preaching or applying the Gospel to them according as they finde them penitent or obstinate in their sinfull courses and no more of other Ecclesiasticall jurisdiction then what is derived to them by our Kings and the Lawes of this our Realme as is resolved in these expresse termes by the Statute of 37. H. 8. c. 17. The Arch-bishops Bishops Arch-deacons and other Ecclesiasticall persons of this Realme have no manner of Iurisdiction Ecclesiasticall but by under and from the Kings royall Majestie the onely and undoubtea supreme head of the Church of England and Ireland to whom by holy Scripture all authority and power is wholly given to heare and determine all manner of causes Ecclesiasticall and to correct all vice and sinne whatsoever and to such persons as his Majestie shall appoint thereunto And by the Statute of 1. Ed. 6. c. 2. in these words That all jurisdiction spirituall is derived and deducted from the Kings Majestie to all Bishops and Ecclesiasticall persons within England and Ireland as supreme head of these Churches and Realmes of England and Ireland and so instly acknowledged by the Clergie of the said Realmes and that all Courts Ecclesiasticall within the said two Realmes be kept by no other power or authority either forraigne or within the Realme but by the authority of his most Excellent Majesty whereupon it enacts That all their Processe shall issue out under the Kings Seale and in his Name and Stile as in Writs originall and judiciall at the common Law with which sundry other Acts of Parliament concurre Now the Kings and Lawes of this our Realme have given the Clergie assembled in Councels Synods and Convocations no other but such a limited power and authority as is expressed in the fore-cited Statutes of 25. H. 3. c. 19. 27. H. 8. c. 15. and mentioned in the premises Therefore they neither can challenge nor pretend to claime any other but such a limited and confined authority the rather because they are assembled to such meetings as our Assembly is now onely as advisers and assistants not as Judges or Law-givers Therefore the keeping of them to the fore-mentioned limits can neither be an infringement or eclipsing of their just priviledges or Christian liberty Fourthly because every particular Christian is to try the spirits doctrines and determinations of Ministers by the Scriptures whether they are of God or not and to beware yea judge of false Teachers doctrines and no wayes to receive them as the Marginall Texts abundantly evidence and all Orthodox Divines assert Much more then are Christian Princes the chief Defenders of the Christian faith to judge and determine of them therefore to give particular directions to and in all Synods Councels how to proceed and what to treat of for suppressing false Teachers Heresies Schisms Errours advancing Religion Truth unity and sincerity of Gods Worship within their territories and Churches Fifthly because every soule as well Bishops Ministers and all other Ecclesiasticall persons as temporall subjects is and ought to be subject to Christian Princes and the highest temporall powers who are to provide for their spirituall as well as their temporall welfare Therefore they ought to be regulated and directed by them when assembled by their Writs in Councels or Synods for their spirituall good SECT 3. Of Confirming Ratifying the Canons Decrees and Resolutions of Councells Synods by Christian Princes Peers Parliaments before they become valid or obligatory Of the Presence and Power of Christian Princes Nobles and other Lay-men in Councells That many or most Councells Synods in ancient and latter times especially in England were in truth meere Parliaments wherein Christian Princes Nobles Senators and Lay-men met and voted as well as Bishops and other Ecclesiasticall persons And that no Canons Lawes Articles concerning Gods Worship Religion Church-Government Ceremonies were ever lawfully prescribed or imposed on any Subjects of our Realme but
such Canons Orders Ordinances and Constitutions as they shall thinke necessary fit and convenient for the honour and service of Almighty God and quiet of the Church and the better government therof c. And our present Soveraign King Charles in his Declaration printed before the 39. Articles of the Church of England made by the advise of so many of the Bishops as might conveniently be called twice printed by his speciall command An. 1628. resolves in these very words this point of his royall Prorogative derived from his Predecessors That We are supreame Governour of the Church of England and that If any difference arise about the externall policie concerning Iniunctions Canons or other Constitutions whatsoever thereto belonging the Clergy in their Convocation not the Bishops in their Consistories Visitations or high Commissions is to order and settle them having first obtained leave under Our broad Seale so to do and We approving their said Ordinances and Constitutions provided that none be made contrary to the Lawes and Customes of the Land What power our Kings have excercised in Convocations to direct and limit them in all their proceedings determinations Canons in former ages especially since 25. Hen. 8. c. 19. will appeare First by the forme of our Kings Writs for summoning a Convocation of which I shall give you onely one late president agreeing in forme and substance with all former Writs of this kinde CAROLVS Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Reverendissimo in Christo Patri ac fideli Conciliari● Nostro Gulielmo eadem gratia Cantur A chiepis totius Angliae Primati Metropolitano salutem Quibusdam arduis urgentibus negotiis Nos securitatem defensionem Ecclesiae Anglicanae ac pacem tranquilitatem bonum publicum Defensionem regni Nostri subditorum Nostrorum ejusdem concernentibus Vobis in fide dilectione quibus Nobis tenemini rogando mandamus quatenus remissis debito intuitu attentis ponderatis universos singulos Episcopos vestrae Provinciae ac Decanos Ecclesiarum Cathedralium nec non Archidiaconos Capitula Collegia totumque Cle●um cujuslibet diocesios ejusdem Provinciae ad comparendum coram vobis in Ecclesia Catholica sancti Pauli London decimoquarto die Aprilis proximè futuro vel alibi prout melius expedire videritis cum omni celeritate accommoda modo debito convocari facias ad tractandum consentiendum concludendum super premissis aliis quae tibi clarius exponentur tunc ibidem ex parte Nostra Et hoc sicut Nos Statum Regni Nostri ac honorem utilitatem Ecclesiae praedictae diligitis nulla tenus omittatis Teste meipso apud Westmonast vicesimo die Februarii Anno regni Nostri quintodecimo Secondly by the forme of the Kings royall License commonly granted to the Convocation before they may or can debate of any thing particularly the forme whereof you may discerne in this subjoyned directed to the last Convocation 1640. CHARLES By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas in and by one Act of Parliament made at Westminster in the five and twentieth year of the Raigne of King Henry the Eighth reciting That whereas the Kings humble and obedient Subjects the Clergie of this Realme of England had not onely knowledged according to the truth that the Convocation of the same Clergie were alwayes had bin and ought to bee assembled by the Kings Writ but also submitting themselves to the Kings Majesty had promised in verbo Sacerdotii that they would never from thenceforth presume to attempt alledge claime or put in u●e or enact promulge or execute any new Canons Constitutions Ordinances provinciall or other or by whatsoever other name they should bee called in the Convocation unlesse the said Kings most Royall assent and license might to them be had to make promulge and execute the same and that the said King did give his most Royall assent and authority in that behalfe It was therefore enacted by the authority of the sayd Parliament according to the said submission and Petition of the said Clergie amongst other things that they nor any of them from thenceforth should enact promulge or execute any such Canons Constitutions or Ordinances provinciall by whatsoever name or names they might be called in their Convocations in time comming which alwayes shall bee assembled by authority of the Kings Writ unlesse the same Clergie might have the Kings most Royall assent and license to make promulge and execute such Canons Constitutions and Ordinances provinciall or Synodall upon pain of every one of the said Clergie doing contrary to the said Act and being thereof convict to suffer imprisonment and make fine at the Kings will c. Know ye that We for divers urgent and waighty causes and considerations Vs thereunto especially moving of Our especiall Grace certaine knowledge and meere motion have by vertue of Our Prerogative Royall and supream authority in Causes Ecclesiasticall given and granted and by these presents do give and grant full free and lawfull liberty license power and authority unto the most Reverend Father in God William Lord Arch-Bishop of Can●terbury Primate of all England and Metropolitan President of this Convocation for the Province of Canterbury and to the rest of the Bishops of the same Province and to all Deans of Cathedrall Churches Archdeacons Chapters and Colledges and the whole Clergy of every severall Diocesse within the said Province that they or the greater number of them wherof the said President of the said Convocation to be alwayes one shall and may from time to time during our will and pleasure propose conferre treat debate consider consult and agree upon the exposition or alteration of any Canon or Canons now in force and of and upon such other new Canons Orders Ordinances and Constitutions as they the said Lord Arch-bishop of Canterbury President of the said Convocation and the rest of the said Bishops and other the Clergie of the same Province or the greater number of them wherof the sayd Lord Arch-bishop of Canterbury President of the said Convocation to be one shall thinke necessary fit and convenient for the honor and service of Almighty God the good and quiet of the Church and the better government thereof to be from time to time observed performed fulfilled and kept as well by the sayd Lord Arch-bishop of Canterbury the Bishops and their successors and the rest of the whole Clergy of the sayd Province of Canterbury in their severall callings offices Functions Ministeries degrees and administrations as also by all and every Deane of the Arches and other Iudges of the sayd Arch-bishops Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officialls Registers and all and every other Ecclesiasticall Officers and their inferiour ministers whatsoever of the same Province
Edward the 6. his Reigne are most punctuall and pegnant evidences hereof as namely 1. Edw. 6. ch 11. For administring the Sacrament in both kindes therein proved necessary by sundry Texts of Scripture and punishing such persons as shall unreverently speake against the Sacrament with Temporall and Ecclesiasticall censures ch 2. concerning the election and creation of Bishops by the Kings Letters Patents and what Processe and Seales they shall use declaring that they have no Ecclesiasticall jurisdiction but meerely from the King ch 9. For uniting certaine Churches within the City of Yorke ch 12. which abolisheth Sanctuaries and Clergy in some cases 2. and 3. E. 6. ch 1. For the Vniformity of service and the administration of the Sacraments throughout the Realme ch 13. For the true payment of Tythes ch 19. For abstinence from flesh ch 20. Concerning Recusants ch 23. For positive Lawes made against the Mariage of Priests ch 23. The repeale of a Statute touching Precontracts of Mariage 3. and 4. E. 6. ch 10. For the abolishing and putting away of diverse superstitious Popish Books and Images chap. 11. That the Kings Majesty may nominate and appoint 32. persons halfe Clergy-men and halfe Laymen to peruse and make Ecclesiasticall Lawes ch 12. For the manner of Ordaining Ecclesiasticall Ministers and Consecrating Bishops ch 15. Against fond and phantasticall Prophecies 5. and 6. E. 6. ch 1. For the uniformity of Common Prayer and administration of the Sacraments ch 3. For the keeping of Holy-dayes and Fasting dayes ch 4. Against fighting and quarelling in Churches and Church-Yards ch 12. For the lawfulnesse of Priests Mariage and legitimation of their children chap. 13. Touching Religious persons and c. 23. Against Vsurie All these are clearely Ecclesiasticall Acts yet made by Parliament The Statutes in Queene Maries Reigne though of a different Religion from her brother and a zealous Pontifician sufficiently evidence the jurisdiction of our Princes and Parliaments in matters of the Church and Religion witnesse 1. Mar. Parl. 1. Ses 2. Chap. 2. Repealing diverse acts-made touching Religion in King Edward the 6. his Raigne and setting up Masse and the old Lyturgies againe chap. 2. Against Offendors of Preachers and other Ministers in the Church or Church-Yard or interrupting them in their Sermons or saying Masse under paine of imprisonment fines and Ecclesiasticall censures chap. 15. For re-edifying the parish Church of Saint Ellins in Stangate 1. Mariae Par. 2. c. 1. Declaring That the Regall power of this Realme is in the Queenes Majesty as fully and absolutely as ever it was in any of her most Noble Progenitors Kings of this Realme chap. 3. Being an Act of Repeale of two severall acts in the 7. yeare of King Edward the 6. touching the dissolution of the Bishoprick of Durham Chap. 9. Touching Ordinances Rules c. in Cathedrall Churches and Schooles c. 10. Repealing a statute for the uniting of the parish Churches of Onger and Greensted in the County of Essex 1. and 2. Phil. and Mary chap. 6. For the reviving of three Statutes made for the punishment Of Heresies and that with forseiture of Lands imprisonment and death in some cases chap. 8. Intituled an Act repealing all Statutes Articles and provisions made against the See Apostolike of Rome since the 20. yeare of King H. 8. and restoring the Bishops with their Courts offices the Pope himselfe to their former usurped jurisdictions in England ratifying this Popes very Bulles and dispensations to make them valid and setling the whole affaires of the Church of England chap. 9. 20. For the punishing of traiterous Sermons and Prayers against the Queene chap. 17. Concerning leases of some spirituall persons and 2. and 3. Phil. and Mary chap. 4. For the extinguishment of first fruits c. All Ecclesiasticall Statutes In Queen Elizabeths happy Raigne there are sundry Statutes abundantly manifesting her own and the Parliaments supreame Iurisdictions and Legislative power in matters of Religion Church-government Discipline c. as namely 1 Eliz. c. 1. An Act restoring to the Crowne the ancient Jurisdiction OVER THE STATE ECCLESIASTICALL SPIRITVALL and abolishing all fortaigne power repugnant to the same which gives the Queen her heires and successors all manner of Ecclesiasticall Iurisdiction in and over all Ecclesiasticall persons and causes and power to correct redresse and reform all manner of HERESIE SCHISME ERRORS ABVSES OFFENCES ECCLESIASTICALL prescribes the oath of Supremacy which all are to take and most Independents have formerly taken wherein they do utterly testifie and declare in their consciences that the Queen and her Successours are the onely supreame Governours of this Realme and other their Dommions as well IN ALL SPIRITVALL OR ECCLESIASTICALL THINGS OR CAVSES as temporall c. which jurisdiction of theirs they sweare to their power to assist and defend Which oath if any refuse to take hee shall forseit all his Ecclesiasticall promotions and temporall offices This Act likewise abolisheth the Popes jurisdiction under pain of a praemunire and other mulcts against the maintainers of it It determines what shall be adjudged HERESIE and what not namely Only such matter and cause as heretofore hath been determined ordered and adjudged to be heresie by the authority of the Canonicall Scriptures o● by the first foure generall-Councels or any of them or by any other generall Councell wherein the same was declared heresie by the expresse and plain words of the Canonicall Scripture or such as hereafter shall be ordered IVDGED OR DETERMINED TO BE HERESIE BY THE HIGH COVRT OF PARLIAMENT OF THIS REALME with the assent of the Clergy in their Convocation to wit by way of assistance and advice cumulatively not negatively as if their assent were simply necessary So as by this Act the Parliament is made the sole proper Iudge what is or shal be reputed punished as heresie what not how it shal be punished the highest point of Ecclesiasticall jurisdiction Ch. 2. For the uniformity of Common prayer and service in the Church and administration of the Sacraments enjoyning conformity under temporall and Ecclesiasticall punishments is an irrefragable proofe of the Parliaments Ecclesiasticall power in all Church matters and 1 Eliz. c. 3. 4. 6. 5 Eliz. c. 1. For the assurance of the Queens royall power over all States and Subjects within her Highnesse Dominions ch 23. For the due executing of Writs de Excommunicato capiendo ch 28. For translating of the Bible and divine Service into the Welch tongue 8 Eliz. c. 1. Declaring the manner of making and Corsecrating the Archbishops Bishops and Ministers of this Realm to be good lawfull and perfect ratifying the Booke of common Prayer and of Ordination together with the Queens Soveraigne Ecclesiasticall Authority 13 Eliz. c. 2. Against the bringing in and putting in execution of Bulls and other instruments of the See of Rome chap. 8. Against Usury ch 19. concerning Dilapidations c. 12. To reforme certain disorders touching Ministers of the Church ratifying the 39.
TRVTH TRIVMPHING OVER FALSHOOD ANTIQVITY Over NOVELTY OR The First Part of A just and seasonable Vindication of the undoubted Ecclesiasticall Iurisdiction Right Legislative Coercive Power of Christian Emperors Kings Magistrates Parliaments in all matters of Religion Church-Government Discipline Ceremonies Manners Summoning of Presiding Moderating in Councells Synods and ratifying their Canons Determinations Decrees As likewise of Lay-mens right both to sit and vote in Councells here proved to be anciently and in truth none other but Parliaments especially in England both by Scripture Texts Presidents of all sorts and the constant uninterrupted Practices Examples of the most eminent Emperors Princes Councells Parliaments Churches and Christian States especially of our owne in all ages since their embracing the Gospell In Refutation of M r. Iohn Goodwins Innocencies Triumph My deare brother Burtons Vindication of Churches commonly called Independent And of all Anti-Monarchicall Anti-Parliamentall Anti-Synodicall and Anarchicall Paradoxes of Papists Prelates Anabaptists Arminians Socinians Brownists or Independents Whose old and new Objections to the contrary are here fully answered By William Prynne of Lincolnes Inne Esquire Jer. 6. 16. Thus saith the Lord Stand yee in the wayes and see and aske for the OLD PATHES where is the GOOD WAY and walk therein and yee shall find rest for your soules But they said Wee will not walke therein Luk. 5. 39. No man also having drunk OLD WINE straightway desireth NEW for he saith THE OLD IS BETTER Tertul. de Praescrip adver Haeres Ex ipso ordine manifestatur id esse Dominicum Verum quod sit priùs traditum id autem Extraneum Falsum quod sit posterius immissum Decem. 3. 1644. It is Ordered by the Committee of the House of Commons concerning Printing that this Book entituled Truth Triumphing over Falshood Antiquity over Novelty be printed by Mich. Sparke Senior John White London Printed by John Dawson and are to be sold by Michael Sparke Senior 1645. TO THE HIGH COVRT OF PARLIAMENT Right Honourable HAving had the Honour through Gods assistance to be a meane though cordiall Instrument of Vindicating The Soveraigne Power of Parliaments and Kingdomes in all Civill or Military affaires which concerne the State in Foure severall Volumes against all Opposites whatsoeever which they have for the most part satisfied or put to silence I expected a Quietus est from all other Controversies concerning the Iurisdiction of Parliaments especially in Ecclesiasticall matters which most imagined had been put to eternall silence when our Lordly Prelates lost their Votes and Session in Parliament by a publike Law But alas I know not by what evill Genius and Pythagorean Metempsychosis the Anti-Parliamentary Soules formerly dwelling in our defunct Prelates earthly Tabernacles are transmigrated into and revived in a New-Generation of men started up of late among us commonly known by the Name of INDEPENDENTS who though for the most part really cordiall in their Affections Actions to the Parliament and Church of England for which and for their piety they are to bee highly honoured yet some of them are of late become extremely derogatory and destructive unto both in their Anarchicall and Anti-Parliamentary Positions For which and for their late gathering of Independent Churches contrary to Your Parliamentary Injunctions they are to be justly blamed as great disturbers of our publike Peace and Vnity It is the observation of learned Voetius and Vedelius That the Arminians in the Netherlands for the advancing of their owne Faction and more facill accomplishment of their private ill Designes did before the Synod of Dort and in the beginning thereof exceedingly cry up the Power of the Civill Magistrate and States of Holland in Ecclesiasticall matters both by Writing and Preaching ascribing to them the highest Jurisdiction and Power of giving ultimate Judgement in all Controversies of Faith and Ecclesiasticall matters arising in the Church as a Prerogative belonging immediately under Christ to them alone And thereupon they appealed to the States from the Ecclesiasticall Classes as the proper Iudges of the Controversies they had raised in the Belgick Churches But at last after the Synod of Dort had determined against their Arminian Errors and the States established their Determinations prohibiting the Preaching or Printing of any Arminian Tenets with the private Independent Congregations and Conventicles of the Arminian Party they presently altered both their opinions and practice crying downe the Authority of the States and Civill Magistrate as fast as they had cryed it up both in their Apologies and Sermons contracting yea denying them that very power which before they had so liberally measured ●ut unto them affirming that the States had no power at all over their private Congregations that it was not any right or part of their Office to obliege men by their authorities to the Decrees of Synods however agreeable to the word of God and that they ought not to use any coactive Power or Authority in such cases to obliege them to conformity This Practice of the Arminians was by M r Thomas Edwards by way of prediction applied to the Independents in these very tearmes And it may be feared however these Apologists NOW to ingratiate themselves and being let alone in their Church-way say they give more to the Magistrates than the Presbyteriall and that they professe to submit and to be most willing to have recourse to the Magistrates Iudgement and Cognizance and Examination of Ecclesiasticall Causes yet when they shall come once to be crossed and the Parliament by the advice of the Assembly to settle the Government of the Church and by their Authority to bind them to things agreeable to the word wee shall see then what they will say of the Magistrates Power There are too many speeches already since the Assembly out of their feare how they may goe which have fallen from many Independents THAT PROGNOSTICATE THEY WILL DOE BY THE PARLIAMENT AS THE REMONSTRANTS DID AFTER THE SYNOD OF DORT BY THE STATES Which Prognostication hath fallen out accordingly For since that time our Independents having felt the Pulses of the Assembly and Parliament bearing but very gently by way of debate against their Anarchicall and Anomolous New-Way derived from their good friends the German Anabaptists and Separatists and supported only with their Arguments as I am fully able to demonstrate they have not only in Presse and Pulpit cryed up their Way as the Onely Way Kingdome and Scepter of Christ and denyed all opposition in word deed or thought against it as a direct FIGHTING AGAINST GOD and promoted it publikely and privately with all their Industry Policy Power setting up New Independent Congregations in every corner but even with open mouth pen hand contrary to their former Solemne Vowes Covenants Protestations which I feare they have over-much forgotten cryed downe and fought against the very Ecclesiasticall Power and Legislative Authority of the High Court of Parliament it self and Supreme Temporall Magistrates proclaiming
Henry the first summoned another Councell about Easter ad Curiam suam apud Londoniam cunctis Majoribus Regni having assembled to his Court at London not only his Archbishops and Bishops but all the great men of his Kingdome to suppresse the Marriages of Priests contrary to the Canons of the Councell of London Anno 1102. For the extirpation of which evill the King Regali authoritate atque potentia fultos roboravit by his royall Authority and power ratified those Canons and thereupon Anselmo Archbishop of Canterbury Thomas elect Archbishop of Yorke and all the Bishops of England Decreed in the presence of the said Glorious King Henry Assensu omnium Baronum suorum with the assent of all his Barons that Priests and Deacons should live chastly and keepe no Women in their Houses but those who were of their neare kindred as the Councell of Nice had defined this Canon being ratified both by the King and Peeres in Parliament to make it obligatory In these three Councells under Archbishop Anselme a great stickler for the Popes and Clergies Ecclesiasticall Jurisdiction we see the King and great men of the Realme were present and ratified the Decrees and Canons therein concluded to make them valid and binding Anno 1114 King Henry the first commanded all the Bishops and Nobles of the Kingdome to meete together at his Court whereupon a rumour was spred over all the Land that the Archbishop of Canterbury was about to celebrate a generall Councell in presence of the Popes Legate and that he would promulge some new things worthy so great a Councell for the reformation of Christian Religion in every order On the sixteenth of October they all met together in the Kings Pallace at Westminster where the multitude which assembled together at last perceived that the tumour of celebrating a Councell and of the reformation of Christianity was nothing so There Anselme in the behalfe of the Pope brought a letter directed from him to the King and Bishops wherein hee taxeth the King for conferring Bishopricks claiming that right as belonging to Peters See for determining Ecclesiasticall matters and the affaires of Bishops without his or his Legats privity which belong only to the Apostolike Sea for stopping appeales to Rome as also for calling and keeping Synodall Councells without his privity when as it was unanimously ratified in the great councell of Nice consisting of 318 Bishops that no Councells ought to be summoned or kept without the privity of the Bishop of Rome and for translating Bishops without his consent Which letters much offending the Kings mind he sent his Nuntioes by common consent to Rome to give the Pope an answer and justifie his proceedings herein as warranted by his Royall Prerogative The same yeare upon the thirteenth of Aprill there was an Assembly held at Salisbury of the Bishops Abbots and great men of all England the Kings Writ compelling them to appeare there where the King appointed William his sonne lawfully begotten to be heire to the Crowne to which all the Nobles condescended and presently tooke an oath of Allegeance to him to be his men But the Bishops and Abbotts swore only and gave their faith that if he survived his Father they would forthwith conferre both the Kingdome and Crowne of the Kingdome on him without any controversie or exception In August following one Anselm the Archbish of Canterburyes kinsman came from Rome to King Henry being then in Normandie bringing the Popes Letters which authorized him to exercise the Office of the Popes Legate here in England which in a short time being knowne in the Kingdome of England the Bishops Abbots and Nobles admiring at it assembled together at London about it and certaine other things the Queen being present to discusse the matter Communi Concilio in a common Councell whereupon they all accorded to send the Archbishop of Canterbury whom it most concerned to the King to acquaint him with the ancient custome of the Kingdome and the liberty thereof and if he thought fit that he should goe likewise to Rome to annihilate This Novelty Who comming accordingly to the King found Anselme there expecting his passage into England to exercise his Legatine office there But King Henry the first not suffering any prejudice to happen to the ancient Customes of England kept him from entring into England that not without presidents For in the first yeare of this Kings Raigne Guido Archbishop of Vienna came into England having as he said the power Legatine of all England by the precept and authoritie of the Apostolicall See which being heard of throughout England was admired by all men all knowing that it was a thing unheard of in Britaine that any man except the Archbishop of Canterbury should take upon him to supply the Popes Apostolicall turnes Wherefore as he came so he returned being received as a Legate by no man nor exercising the Office of a Legate in any thing After this one Peter having obtained from the Pope a power Legatine over England Ireland France and the Iland of the Orcades at the same hereof all England was astonished the King sent the Bishop of Saint Davids and another Clergie man beyond Sea to conduct him to him enjoyning them that after his entrance into England they should not suffer him to enter into any Churches or Monasteries to lodge or eate Being brought to the King and honourably received by him having declared the cause of his comming the King answered him that hee had now no leasure to minde so great a businesse and that his Legatine power could not be established and ratified but by the connivance and assent of the Bishops Abbots Nobles and the Assembly of the whole Kingdome in Parliament moreover hee affirmed that he could not by any meanes willingly loose any of the Customes of his Country granted him by the Apostolicall See so long 〈…〉 lived whereof this was one of the chiefest and greatest that hee made the kingdome of England free from all Legatine power Whereunto Peter affented and promised to doe his endeavour to have this priviledge preserved and augmented And so being gratified with rich presents Ille qui Legati officio fungi in toto Britania venerat nimirum ab omni officio tali cum ingenti Pompa v●a qua venerat extra Angliam a Rege missus est writes Eadmerus of him by way of derision So little jurisdiction had the Popes Legates here in England in those dayes who became an intollerable vexation oppression to it in succeeding Ages in the Reignes of King John Henry the third and others In the Councell of Westminster under Iohn de Crema the Popes lecherous Legate Ann. 1125. there were 17. Canons made ab omnibus confirmata and confirmed by all there present to wit by 20. Bishops 40. Abbots Cuminumera Cleri Populi multitudine with an innumerable multitude of the Clergie and people who were present at it as the Continuer
HERETIQVES limiting the maner of proceeding against them defining what shal be heresie how it shall be punished and abridging the Authority of the Bishops and Canon Law ch 16. concernes Pluralities ch 19. containes the submission of the Clergy Convocation to the King declares the Kings supremacy in causes Ecclesiasticall the impotency of the Clergy or Convocation to make or promulge any Canons or Ecclesiasticall constituti●ns or to debate any thing in Convocation without his Royall Lycence and approbation The Nullity and invalidity of the Canon Law abolisheth all appeales to Rome and Authorizeth 32. persons whereof halfe to be of the Clergy the other halfe of THE LAITY to survay the Canon Law and to compile a body of the Canon Law to be authorized by the King under his Great Seale by vertue of this Act for to be the only Canon Law to be used within this Realme Chap. 20. takes away the payment of any Annates o● first fruits to the Bishop of Rome nullifies his usurped power and Buls settles the forme of electing and consecrating Archbishops and Bishops within this Realme and plentifully manifests the Kings and Parliaments Jurisdictions in Ecclesiasticall affaires chap. 21. doth the like exonerating the Kings Subjects from all exactions and Impositions heretofore payed to the Sea of Rome and enabling the Archbishop of Canterbury and his Officers to grant all Licences and dispensations within the Realme which were formerly granted at Rome only The Statute is worthy perusall consideration fully demonstrating the power of the Parliament in Church affaires 26. H. 8. c. 1. declares the Kings Highnesse to be supreme head of the Church of England under Christ making it a part of his Royall Title and to have Ecclesiasticall authority to redresse and reforme all Errors Heresies and abuses in the Church punishable by any spirituall or ecclesiasticall Law Chap. 3. enacts The payment of the first fruits of all Dignities Benefices promotions spirituall and tenthes to the King and his Heires abolishing the Popes usurpations and authority herein ch 13. abolisheth sanctuarie in cases of High Treason ch 14. Authorizeth the nomination and consecration of suffragan Bishops in sundry places of this Realme and both creates and limits their authority chap. 15. takes away some exactions of spirituall men within the Archdeaconry of Richmond 27. H. 8. c. 8. limits that the Kings spirituall Subjects shall pay no Tithes whiles they are in their first fruits ch 15. authorizeth the King to nominate 32. persons halfe of the Clergy the other of the Laity for the perusall and making of Ecclesiasticall Lawes and manifests the Convocations invalidity to make such lawes or Canons ch 19. Limiteth and abolisheth Sanctuaries and sanctuary persons ch 20. containes an Order touching the paying of Tithes throughout the Realme ch 21. Limits the maner of payment of Tythes within the City of London ch 27. suppresseth divers Monasteries Priories and Religious Houses vesteth their revenues in the King and erects the Court of Augmentations 28. H. 8. ch 10. extinguisheth thes authority of the Bishop of Rome prescribes an Oath of abjuration of it and Popery together with the Popes usurpations and excellently sets forth the Kings supreamacy the Parliaments authority in matters ecclesiasticall as you may read in the Act worthy perusall ch 11. enacts Restitution of the first fruits in time of vacation to the next incumbent ch 13. compells spirituall persons to residence upon their livings ch 16. Releaseth such as have obtained pretended Licences and dispensations from the Sea of Rome 31. H 8. c. 6. enables such as were Religious persons to purchase lands to sue and be sued in al maner of Actions which they were disabled formerly to do by the Common Canon Law ch 9. Enables the King to make Bishops by his Letters Patents only and to erect new Bishopricks which he did ch 13. disolves all Monasteries and religious Houses and vests them in the King wherein you may behold much of the Kings and Parliaments power in Church businesses ch 14. For abolishing of diversity of opinions in matters of Religion most fully and exactly demonstrates the Kings and Parliaments jurisdictions in matters of Religion as the whole Act sufficiently manifests though the Articles therein defined were erronious and the Act too cruell and bloudy 32. H. 8. cap. 8. provides for the true payment of Tythes and offerings chap. 10. containes the punishment of incontinent Priests and of women offending with them ch 12. concernes Sanctuaries and the priviledges of Churches and Church-Yards ch 15. prescribes the manner of proceeding against Heretickes and impugners of the Act for abolishing of enormious opinions in Christian Religion chap. 23 24. concernes Accounts of Bishops and subsidies granted by the Clergie chap. 25. Dispences the Kings marriage with the Lady Iane chap. 24. Dissolves the Hospitalls of Saint Johns of Ierusalem in England and Ireland for supporting and maintaining the supremacy and jurisdiction of the Bishop of Rome contrary to their duty and Allegiance chap. 26. Intitled An act concerning true opinions and Declaration of Christs Religion is most pregnant to our present purpose which you may peruse chap. 38. Concerning precontracts of marriages and degrees of consanguinity is likewise a most punctuall Act for the Kings and Parliaments Ecclesiasticall power and chap 44. 45 47. good evidences of it 33. H. 8. chap. 15. 27 28 29 30 31 32. Enabling Religious persons to sue and bee sued severing the Bishopricks of CHESTER and Isle of MAN from the jurisdiction of CANTERBURY to the See of Yorke making the Church of Whitgate a Popish Church by it selfe and severing it from the Parish of Over which I wish our Independents to observe and to learne from this and other Acts that no new Churches or Parishes can be erected legally but by act of Parliament which none of their Churches are 34. and 35. H. 8. c. 1. intituled An act for The advancement of true Religion and For the abolishing of the contrary is most pertinent to our purpose and c. 15. 17 19 35. H. 8. c. 9. for ratification of the Kings stile and Title of Defender of the Faith and supreame head of the Church of England and Ireland ch 6. Concerning the qualification of the Statute of the 6. Articles c. 16. concerning the examination of the Canon Lawes by 32. persons halfe of the Clergie and halfe of the temporalty to be named by the Kings Majesty during his life to compile a body of the Canon Law to bee used in the Realme 37. H. 8. c. 4. 12. but especially ch 17. That Doctors of civill Law may execute Ecclesiasticall jurisdiction though Laymen and married a Law worthy reading and chap. 21. For the union of Churches not exceeding the value of 5l which could not be done but by Act of Parliament are all most pregnant evidences of the Kings and Parliaments indubitable Ecclesiasticall jurisdictions in matters of Discipline Religion Church-government and all Church affaires whatsoever The Statutes made in King
Elders Members Ordinances Prayers preaching Sacraments reading of the Word maintenance and the like of its owne within it selfe yetso as not simply to exclude all others from preaching or communicating with them when there is occasion and in this regard the definition of a Church given in out Homilies and by others That it is a company of men outwardly professing the faith of Christ wherein the Word of God is syncerely preached and the Sacraments duly administred belongs unto it But yet it followes not hereupon that it is either an absolute or Independent Church or a compleate body in all respects exempt from all superior jurisdiction but a dependent subordinate Congregation and a meere Member in respect of the Nationall Provinciall or Catholike Church For as every private person familie Corpotion Society City considered in themselves are compleate perfect men bodies Societies c. but in relation to the Families Kingdoms Cities Republikes wherin they are meete dependent subordinate parts Members of the whole common body to whose just Laws commands they are all equally subject or as every particular persons families or corporations interests in their owne persons liberties lands estates Children servants is good and absolute against all other private persons or corporations who have no power to deprive them of them but yet subordinate to the publike interest and power of the whole kingdom Pa●●ia who may command or dispose of them upon all just occasions for the safety and service of that common bodywhere of they are all Members which may give Laws of common right to all and deprive them of all private interests priviledges for the publike good Salus popul● being Suprema lex to which all Privadoes must submit So it is with every particular Christian Congregation As a private Christian or Church they have a private compleatnesse absolutenesse and Ordinances within themselves of which no other particular Christian or Church can deprive them not judicially question them for But yet this private Christian as a Member of a Congregation and this particular Congregation as a Member of the Nationall and Catholik Church of Christ are neither absolute not independent but subordinate to the other Churches Synodically assembled to the supreame Councell of Parliament the representative Church and State of England who may prescribe Laws unto them and to the Civil Magistrate who may both censure correct them to For example if any particular Congregation or any Pastor or Member of it shall abuse or exceed their private power to the oppression of any of the●● owne Members or injury of their neighbour Churches as by separating from their communion without just cause erecting a new private forme of Church-Government or Discipline in opposition to other Churches of the same or other Realms without publike authority to the engendring of schi●mes or broach any hereticall seditious Erronious Doctrines as some now do set up Idolatry supersition innovations or falfe worship abuse or prophane the Sacraments become licencious vitious or scandalous in their lives injure their owne Members without giving them satisfaction or reliefe entertaine all sorts of Sectaries deny communion in Sacraments or other Ordinances with the Members of their neighbour Churches who desire it upon just occasions debarre any of their Members from the Lords Supper or their Children from Baptisme without just cause be unable to resolve doubts and controversies in Religion betweene Minister and people or Members or to judge of doubtfull cases Vsu●pe more power then is meet to the impeaching of the Magistrates Authority wants meanes to raise monyes to provide an able Minister or defray their necessary Church expences or invades the Rights of other Neighbour Churches or refuseth obedience to such publike Ecclesiassticall Lawes which tend to the peace and unity of the whole Nationall Church In all these cases and others which concerne the Nationall or whol Catholike Church in general or other neighbouring Churches in particular no particular Church is an absolute or Independent body of it self but only a subordinate Member Subject to the Lawes Ordinances Determinations censures of the whole Church of that Nation combined in Parliament and to Nationall Provinciall Synods and Presbyteries established by common consent in Parliament as well as every Member of a Family City Society Kingdom Army or Realm is subordinate to the whol Family City Army Realm which no reasonable creature or Consciencious person can or dares deny Secondly I answer That this very argument is a most dangerous seditious Par●dox destructive to all Republikes and Societies of men A Cockatrice fit to be crushed in the shell ere it prove a devouring Serpent to Church and State as you may discerne by these instances in my Brothers way of arguing For may not any Independent Company 〈◊〉 Regiment or Brigade in our Armies argue just in this very straine Every Company Troop Regiment Brigade is a compleate body of it selfe having an its owne necessary Officers and Commanders Therefore we will not joyne with or submit to the commands Orders Military Lawes or directions of my Lord Generall the councell of Warre or any superior Officer but bee ruled commanded only by our selves and and the Parliaments own immediate commands to which we are onely subject Any Independent Family Streete parish Company or Ward only in the City argue thus we are an absolute compleate body family street parish company Ward within our selves Therefore we will not wee may not be governed directed commanded or censured by my Lord Major the Court of Aldermen or Common Councell but only by and within our selves Any Independent child servant Wife or Member of any such Congregation alleage I am an absolute Man Woman Christian of my selfe Therefore I may not I will not be commanded governed overruled obliged corrected by my Parents Master Husband or that Congregation of which I am a Member but only by my selfe Any independent County City Committee or Court of Justice argue Wee are a compleate County City Committee Court in and of our selves Ergo Wee neither will nor must submit to any Lawes or Ordinances of the high Court of Parliament Yea every Colledge in our Vniversities dispute thus We are a compleate Colledge and corporation within our selves Ergo the Chancellor Vicechancellor Convocation Congregation and whole Vniversity have no Authority to controle judge or order us Brother if such Arguments as these should be once admitted as they now begin to grow very rise in all places I referre to your saddest thoughts what will become of all our Armies Parishes Cities Churches Families Parliaments Kingdome in a short space Will they not all be dissipated dissolved in a moment and nought but a Chaos of confusion disobedience Schisme Anarchy and disorder cover their faces I beseech you therefore consider and retract this new monstrous Logick and Divinity which cuts in sunder all relations and subverts the very pillars foundations of all Government Order Peace Vnity both in Church and State But my Brother Objects 3.