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
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 vâ—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
dignities elective and prohibits provisions usurpations citations and Bulls of the Pope and Court of Rome under paine of a Praemunire banishment abjuration Imprisonment Fine and ransome 14. R. c. 2. Limits the exchanges of monyes to the Court of Rome 15. R. 2. c. 2. 6. concernes forcible entries into Benefices Offices of holy Church mortuaties to Religious persons Popes Bulls consecrations of Church-yeards and Appropriations of Churches and Almes 16. R. 2. c. 5 provides for presentations to Churches against the Popes usurpations Translations excommunications Bulls and Jurisdiction under paine of a Praemunire 21. R. 2 it prefaced To the honour of God and holy Church and c. 1. confirmes the Churches Liberties In King Henry the 4th his Parliaments I finde that the Prologues of the Statutes in 1. â— 4. 7. 9. and 13. H. 4. begin thus To the honour of God and reverence of holy Church c. and the first Chapter in each of them is That holy Church have and enjoy all her rights liberties and Franchises entirely and without imbleamishing Then follow temporall Lawes 2. H. 4. c. 3. 4. prohibits provisions of exemption from regular or ordinary obedience granted to any religious persons from Reme Buls of exemption from payment of Tithes granted to the Religious of the Order of Cysteaux under paine of a Pâ—amunire and Cap. 15. provides for the suppression of Sectaries hereticall Preachers Conventicles heriticall Bookes Schooles and preservation of the Catholique faith enacting that Heritickes shall be imprisoned abjured and in case of relapse or obstinacy burned 4. H. 4. c. 2. 3. confirme all the Statutes formerly made in favour of the Church and Clergy and for preservation of their liberties Cap. 12. concernes appropriations of Churches Vicaridges Ordinaries the Bishop and Archdeacon of Ely and other Religious persons cap. 14. prohibits working or wages on holy-dayes Cap. 17. enacts that none shall enter into Religion unlesse he be foureteene yeares of age without the Parents consent Cap. 22. concernes presentations to Benefices 5. H. 4. c. 11. 12. concerne Tithes Chalices and ornaments of holy Church 6. H. 4. c. 1. prohibits provisions and the payment of first fruits or exacted fees to Rome under forfeiture of all their estates who offend herein 7. H. 4. c. 6. inhibits Religious persons under paine of a Praemunire to procure any exemption from payment of Tithes or any provisions from the Pope 9. H. 4. c. 8. forbids provisions and translations from the Pope under paine of a Praemunire and makes all elections of Archbishops Bishops Abbots Prebends Deans to be free without any interruption from the Pope or King 11. H. 4. c. 4 Prohibits unlawful games on Sundayes and other holy dayes 1. H. 5. c. 7. 8. prohibits the conferring of Ecclesiasticall living upon Aliens and orders their benefices and the lands of Priors aliens to be seised in times of Warre 2. H. 5. c. 1. provides for Ordinaries visitations of Hospitalls and reformation of them after the lawes of the holy Church Cap. 3. grants a prohibition to spirituall Courts where they deny a Copy of the Lible Chap. 7. for the preservation of the Christian faith the Law of God and holy Church with in this Realme and the punishment of Heresies and Hereticks enacts that Hereticks shall be apprehended and imprisoned by Sheriffs and upon conviction of Heresy forseit their Lands and goods and be burned 2. H. 5. Parl. 2. c. 2. limits the wages of Curates and Parish Priests 3. H. 5. c. 1. enacts that holy Church have all her liberties and franchsies C. 3. concerns Abbots and Priors C. 4. inhibits provisions from Rome under a Premiarie C. 8. concernes Probate of Wills and râ—gulates exorbitant fees for procuring them C. 6. forbids the promotions of Irishmen to Beneficies or Ecclesiasticall dignities 9. H. 5. c. 9. limits the manner of collecting Dismes by Archbishops Bishops and their Agents 2. H. 6. c. 1 confirmes the Churches liberties 6. H 6. c. 3. prohibits worke on and wages for holy dayes 8. H. 6. begins thus To the Laud and honor of Almighty God and of the holy Mother the Church Ch. 1. provides for the priviledges of the Convocation 10. H. 6. c. 11. limits how Bastardy shall be tryed between the Common and Canon Law which differ therein 15. H. 6. c. 7. concernes Abbots and Priots 27. H. 6. c. 5. prohibits Faires and Merkets upon Sundayes and principle holy dayes as a great prophanation of them 28. H. 6. begins To the honour of God and of holy Church 33. H. 6. c. 6. concerns the exemption of the Abbot of Founteynes and other Abbots and Priors from Vexations sutes 1. Ed. 4. is prefaced To the honour of God and of holy Church C. 1. containes in it many particulars concerning Bishops Abbots and Clergymen 3. E. 4. hath the same prefaced and 12. E. 4. c. 7 prescribes excommunication 4. times a yeare to be denounced against the infringers of Magna Charta as other Acts formerly did King Richard the 3d. prefaceth the Acts of his first Parliament in his 1. yeare thus To the honour of God and of holy Church c. 14. limits the maner of collecting the Clergies Dismes King Henry the 7th begins his Statutes in the 1. yeare of his Reigne To the honour of God and his holy Church and Cap. 4. enables Archbishops Bishops and other Ordinaries to imprison Priests Clerkes and Religious persons for incontinency which they could not doe before The Statutes of 2. 4. 11. 12. 17. H. 7. as their Prologues attest were made to the worship of God and holy Church and for the common good of this Realme The Statutes of An. 1. 3. 4. all or most Parliaments in the Regine of King Henry the 8th are prefaced To the honour of God and holy Church and for the Common Weale and profit of this Realme In the Parliament of 21. H. 8. C-3 4. 13. there were Statutes made concerning Probat of VViâ—s taking of mortuaries by Priests or others against Pluralities of Benefices and taking of farmes by spirituall men All of Ecclesiasticall Cognisance 22. H. 8. c. 15. containes the Kings generall pardon to his spirituall Subjects who were fallen into a Praemunire by submitting to Cardinall Wolsies power Legatine 23. H. 8. c. 1. abridgeth the power of Ordinaries and takes away the benefit of Clergy in some cases ch 9. enacts That no man shall be cited into any ecclesiasticall Court out of the Diocesse wherein he dwells unlesse in certaine causes ch 10. settles the Law concerning feofements and assurances to the use of any parish-Parish-Church or Chapell 24 H. 8. ch 12. takes away all Appeales to Rome and excellently sets forth the Kings supremacy as well in and over Ecclesiasticall causes and persons as temporall as you may read at large in the Act it selfe denying exploding the authority of the Pope and Sea of Rome 25. H. 8. c. 14. conteines a Law for the punishment of HERESY and
as Neubrigensis l. 1. c. 19. records In the Lateran Councell held by Charles the great and Pope Adrian and called principally by this Pope the Councell was most solemnly held by 53 Ecclesiasticall persons Bishops or Abbots together with Judges Magistrates and Doctors of Law from all parts and also persons of all sorts and states of that City and all the Clergie of the Church of Rome who made enquiry of the customes lawes and manners of that Church and Empire consulting also by what meanes heresies and seditions might be rooted out of the Apostolique See and treating of the dignity of the Senate and Empire of Rome seeing that by reason of these things a false errour was spread over the whole world In another Councell of Lateran under Pope Leo and the Emperour Otho the Pope himselfe in his Speech to the Emperour confesseth that that Councell consisted not onely of Clergy-men but of Judges and Doctors of Law That such may be competent and meet Judges in matters of Religion and Church-affaires is evident by this notable passage of Cardinall Jacobatius though a great stickler for the Popes and Prelates authorities that in a Synod holden before Constantine and Helena where it was disputed Whether the Jewish or Christian Law should be preferrred Craton a Philosopher who would not possesse any worldly goods and Zenosimus who never received present from any in the time of his Consulship were appointed Iudges of this controversie With which the saying of learned John Gerson Chancellour of Paris accords There was a time when without any rashnesse or prejudice to faith the controversies of faith were referred to the judgement of Pagan Philosophers who presupposing the faith of Christ to be such as it was confessed to be however they did not beleeve it yet they knew what would follow by evident and necessary consequence from it and what was repugnant to it Thus it was in the Councell of Nice as is left unto us upon record So likewise Eutropius a Pagan Philosopher was chosen JVDGE between Origen and the Marcionites who were condemned by him If Pagan Philosopehrs then much more Christian Laicks endowed with learning and wisdome may be fit Iudges of controversies of Religion and Ecclesiasticall affaires and fit to have Votes in Synods And that they have been so deemed in ancient times is evident by one memorable history recorded by Possidonius in the life of S. Augustine cap. 12 13 14. who not onely informes us that Crispinus Bishop of Calamen a Donatist being accused before the Proconsull for an Hereticke and for breaking the lawes against Hereticks and denying himselfe to be one St Augustine and he debated the controversie three severall times before the Proconsull in a great multitude of Christian people expecting the event both at Carthage and throughout all Africk and that Crispin at last was pronounced an Hereticke by the Proconsull by a judiciall sentence After which there was a generall meeting at Carthage between all the Catholike Bishops and the Donatists by the speciall command of the most glorious and religious Emperour Honorius who sent Marcellinus the Tribune and Notary into Africk to bee Iudge in that Collation In which Conference the Donatists being throughly confuted and convinced of errour by the Catholikes were condemned by the sentence of the Iudge From which sentence they appealing to this Emperour were afterwards upon full hearing condemned by him and declared Hereticks Vpon which Appeale of theirs St. Augustine descants thus Is it peradventure not lawfull for the Emperour or those whom the Emperour shall send to give judgement in a matter of Religion Why then came your Embassadours to the Emperour why made they him the Iudge of their cause c. The Act of Marcellinus his sentence against the Donatists runs thus To the end that apparent errour may undergoe the yoke of revealed truth by the authority of this present Edict I advise all men of what condition soever Land-lords Stewards and Farmers as well which hold of the Crowne as of private possessions with the Ancients in all places that not forgetting the Lawes their owne dignity honour and safeguard they doe their endevour to hinder all Conventicles of the Donatists in all Townes whatsoever who shall bee bound to surrender up to the Catholikes those Churches which I allowed them of courtesie untill the day of sentence without Commission from the Emperour Photius Bishop of Smyrnae being accused for an Heretick by the Councell there was afterwards admitted to dispute with the Catholike Bishops in which dispute saith Sozomen certaine Iudges were ordained for Presidents of the Councell who from that time forwards were accounted men of prime ranke in the palace both for knowledg and dignity after many objections and answers pro and con Basil Bishop of Ancyra who defended the doctrine of the Catholikes got the victory and Photinus was condemned and sent into banishment Athanasius in his 2. Apologie requests that the Emperours most godly and religious Majesty might have the hearing of his own and his churches cause for we have good hopes that his godlinesse understanding our reasons will never condemne us If this seem strange to any Romanist that Lay-men should be competent Iudges in matters of Divinitie and have voices in Councels their owne Pope Nicholas his resolution in this very point may cease their wonder who saith in downe-right termes Faith is catholike and common to all as well to Lay-men as Priests yea generally to all Christians he speaks it expresly of Lay-mens assisting in Councels therefore it is just and reasonable they should have voices in matters of faith as well as Bishops and Clergy-men I shall close up this with the resolution of Marsilius of Padua who expresly resolves that Lay-men especially those who are pious and learned ought to be present in and summoned to generall Councels as well as Clergie-men especially when the Clergie are either ignorant corrupt or erronious in their judgements or scandalous in their lives His reasons are these First because they have all as great an interest in the faith and Churches good as any Prelates Popes or Clergie-men Secondly because many of them are better learned and versed in the Scriptures and Antiquities then many Bishops and Clergie-men yea more sound and orthodoxe in their judgments then they Thirdly because they were present and had voices in the Synod at Hierusalem even in the Apostles dayes Acts 15. and in the purest first generall Councels in which the Emperours with their Nobles and Officers assisted in the resolving of Scripture doubts Fourthly because the very Code of Isiodore for the manner of holding Councels hath this direction Deinde ingrediantur LAICI qui ELECTIONE CONCILII INTERESSE MERUERUNT Multò magis igitur qui fuerint literati in lege divina periti quanquam non sacerdotes existant sic enim fecerunt Apostoli cum Senioribus c. If any desire further satisfaction
of Canterbury in their and every of their distinct Courts and in the order and manner of their and every of their proceedings and by all other persons within this Realme as far as lawfully being members of the Church it may concerne them And further to conferre debate treat consider consult and agree of and upon such other points matters causes and things as we from time to time shall deliver or cause to be delivered unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation in writing under Our Signe Manuell or privie Signet to be debated concluded consulted and concluded upon the sayd Statute or any other Statute Act of Parliament Proclamation Provision or restraint heretofore had made provided or set forth or any other cause matter or thing whatsoever to the contrary notwithstanding And we do also by these Presents give and grant unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation and to the rest of the Bishops of the said Province of Canterbury and to all Deanes of Cathedrall Churches Archdeacons Chapter and Colledges and the whole Clergy of every severall Diocesse within the said Province full free and lawfull liberty licence power and authority That they the sayd Lord Archbishop of Canterbury President of the sayd Convocation and the rest of the sayd Bishops and other the Clergie of the same Province or the greater number of them whereof the sayd President of the sayd Convocation to be one all and every the sayd Canons Orders Ordinances Constitutions matters Causes and things so by them from time to time conferred treated debated considered concluded and agreed upon shall and may set down in writing in such forme as heretofore hath been accustomed and the same so set down in writing to exhibite and deliver or cause to be exhibited and delivered unto Us to the end that we upon mature consideration by us to be taken thereupon may allow approve confirme and ratifie or otherwise disallow annihilate and make voyd such and so many of the sayd Canons Orders Ordinances Constitutions matters causes and things so to be by force of these Presents considered consulted and agreed upon as wee shall thinke fit requisite and convenient Provided alwayes that the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be considered consulted or agreed upon as aforesaid be not contrary or repugnant to the Liturgy established or the Rubrick in it or the nine and thirty Articles or the Doctrine Orders and Ceremonies of the Church of England already established Provided also and our expresse will and commandement is That the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be by force of these presents considered consulted or agreed upon shall not be of any force effect or validity in the Law but only such and so many of them and after such time as we by our Letters Patents under our great Seale of England shall allow approve and confirme the same any thing before in these presents contained to the contrary thereof in any wise notwithstanding c. In witnesse whereof We have caused these our Letters to be made Patents Witnesse Our selfe at Westminster the twelfth day of May in the sixteenth yeare of our Reigne Per Regem Ipsum Willys To which I shall adde the Kings further Warrant for making a particular Canon and Oath in the late Convocation Charles R. MOst reverend Father in God right trusty and right entirely beloved Councellour Right reverend Fathers in God right trust and well-beloved and trusty and well-beloved We great you well Whereas We out of our meere grace and favour and for the good and peace of the Church have granted to you our Arch-Bishop of Canterbury free leave and licence under our great Seale of England bearing date the twelfth of this instant May to propose treat and conclude upon all such necessary Articles and Canons which you shall finde fit to be ordered for the peace and government of this Church Provided that you shall thereby have no power to meddle with nor alter any thing ratified and confirmed by Act of Parliament And whereas we have further in that Licence which we have granted unto you reserved power to our selfe to command you to propose treat and determine of any such thing or things as we shall recommend unto you under our Signe Manuall or Signet These are therefore to will and require you to propose treat and conclude upon such a Canon as may secure us and all our loving subjects against all growth and encrease of Popery in this our Kingdom as also of any hereticall or schismaticall opinions to the prejudice of the doctrine or discipline of this Church of England established by Law And that in this case you agree upon some Oath to be taken by your selves and all the Clergie respectively and by all which shall hereafter take upon them holy Orders that they shall adhere constantly to the doctrine and discipline here established and never give way for so much as can any way concerne them to any innovation or alteration thereof And when you have made this Canon and inserted this Oath we require you to present it to us that we may advise upon it and if upon mature consultation we approve it we shall confirme it and then give you power under our great Seale both to take the said Oath your selves and to administer it to all such as the Canon appoints Given under our Signet at our Court at White-hall the seventeenth day of May in the sixteenth yeere of our Reigne To the most Reverend Father in God our right trusty and right entirely beloved Councellour the Lord Arch-bishop of Canterbury Primate and Metropolitane of all England To the right Reverend Fathers in God our right trusty and well-beloved the Lords Bishops and to our trusty and well-beloved the rest of the Clergie now assembled in Convocation 3 ly by the Kings letters Patents for Confirmation of those Canons after they were made presented to be confirmed by him In the first canon whereof they thus truly resolve That a supream Power is given to this most excellent Order of Kings by God himself in the Scriptures which is That Kings should rule and command in their severall dominions all persons of what rank or estate soever whether Ecclesiasticall or Civill and that they should restrain and punish with the temporall sword all stubborn and wicked doers The care of Gods Church is so committed to Kings in the Scripture that they are commended when the Church keeps the right way and taxed when it runs amisse and therefore her government belongs in chief unto Kings For otherwise one man would be commended for anothers care and taxed but for anothers negligence which is not Gods way The power to call and dissolve Councels both nationall and provincial is the true right of all Christian Kings within their own Realms or Territories
Greeks on the left hand the Latine Clergy on the right and himselfe would have sate in the midst but the Emperor withstood it saying Locum ipsum sibi potiùs quà m summo Pontifici convenire That that place did rather belong to him than to the Pope But after many contestations they all accorded at last that the Pope and his Clergy should sit on the right side the Emperor and his Greeks on the left of the Church one right over against the other and neither Pope nor Emperor in the midst In the Councell of Lateran under Leo the tenth there were divers Ambassadors Princes Nobles and Lay-men present in every Session Sigismond King of Poland had his Ambassadors and Orators there chosen by himselfe his Princes Lords Spirituall and Temporall Nobles and Commons in full Parliament who gave them full Power and Commission for them and every of them Pro Nobis ac Regnis Dominiis Principibus Spiritualibus Secularibus Proceribus Populis ditioni Nostrae Subjectis saith their Commission under the Kings Seale 10. Aprilis Anno 1515. to treat of handle conclude agree and determine of all things in their names and steads that should bee propounded or handled in that Councell concerning Religion or the Church Etiamsi talia forent quae mandatum exigerent magis speciale quà m praesentibus est insertum Promising that they would ratifie grant confirme and establish whatever should be there done and acted by their Orators Maximilian Duke of Millain Francis Marquesse of Mantua Stanislaus and John Dukes of Mazovia and Russia sent Orators and Ambassadors to this Councell with like Commissions under their Seales to ratifie all things therin concluded in their steads recorded at large by Surius in the third Session of that Councell And the like Commissions had the Ambassadors of Lewes King of France Joachim Marquesse of Brandenburge William Marquesse of Montferrat Emanuel King of Portugall Charles Duke of Savoy and Maximilian the Emperor the Constitutions of Councells wherein the Pope sate President being not obligaotory unlesse the Emperor with other Christian Kings and Princes ratified them by their Ambassadors Orators and Proctors if absent from or by their Subscriptions and Seals if present in them In the Councell of Lyons Anno 1245. foure Noble-men chosen and sent by the King and Parliament of England were present as Ambassadors And the Bishops sent by the Church of England to the generall Councell of Pisa Anno 1409. were elected and chosen by the whole Clergy of England in their Convocation In the Councell of Basil King Henry the Sixth of England had fourteene Ambassadors Orators Proctors to whom and to the major part of them hee gave as well a generall as speciall power and Mandate in his name and stead to bee present in that Councell and therein to treat conferre and conclude as well of those things which might concerne the Reformation of the Universall Church in the Head and in the Members as of those things which concerned the Supportation of the Orthodox Faith and the Pacification of Kings and Princes as also of and concerning a perpetuall Peace from Warre between him and Charles of France his Adversary and also to treat commune and appoint and moreover to assent and if need were to disassent to those things which should there happen to bee decreed and ordained according to the determination of the said Councell Promising that hee would bona fide ratifie approve and confirme all and every thing that should bee done acted or effected in the premises or any of them by his said Ambassadors Orators and Proctors or the greatest part of them and that when hee should bee certified thereof hee would see them duly executed as farre as belonged to him and to a Christian Prince The Letters Patents themselves dated the tenth of July are recorded verbatim by Master Selden out of the Tables of France 12. H. 6. memb 2. A sufficient Testimony that it belongs to Christian Princes by themselves their Ambassadors Orators or Proctors to ratifie the Decrees of all Councells and Synods and to disapprove and damne them if they see cause Whence King Henry of France and the Parliament and Synod of Paris Anno 1593. damned and disavowed divers of the Canons of the Councell of Trent as prejudiciall to the Crown Royall Justice and liberty of the Church of France as Bochellus relates at full To conclude with Forraigne Presidents The Conclusions Constitutions and Determinations of that late famous Synod of Dort were ratified by the generall approbations and Edict of the Estates of the Low-Countries under their hands and Seale Visis cognitis maturè examinatis atque expensis praedicto judicio sententia Synodi say they in their Charter of Approbation ista plenè in omnibus approbavimus confirmavimus rata habuimus approbamus confirmamus rata habemus per praesentes Volentes statuentes ut nulla alia Doctrina de quinque praedictis Doctrinae capitibus Ecclesiis horum regionum doceatur aut propagetur praeter hanc quae praedicto judicio sit conformis consentanea c. Actum sub nostro Sigillo Signatione Praesidis Subscriptione nostri Graphiarij Hagae Comitis 2. Julij Anno 1619. All these with sundry other Forragine Testimonies abundantly demonstrate That the Constitutions Canons and Decrees of Councells are of no binding force and power at all unlesse confirmed by Emperors Kings Princes Nobles Subscriptions Edicts Patents Proclamations and Acts of Parliament and that most ancient Councells in forraigne parts were in truth but Parliaments To passe from these to our owne domesticke Presidents It is most apparent by numerous punctuall Examples that the Clergy of England alone had never any lawfull Jurisdiction vested in them to make binding Ecclesiasticall Lawes or Canons in our Synods and Convocations in any age without our Kings Nobles and Parliaments assents and approbations That all or most of our ancient Councells Synods Convocations were nought else but Parliaments wherein our Kings Nobles Senators and Commons were personally present as well as Bishops or Clergy-men And that all matters concerning Religion Church-Government Ceremonies with all binding Lawes Canons Articles relating thereunto have since the first planting of Religion in this our Island till this present time beene alwayes setled resolved confirmed in and by Parliaments or such Councells and Synods wherein our Kings Nobles Commons were present and had decisive Votes It is the received opinion of all our Antiquaries and Historians that King Lucius was the first Christian King of this Island and the first Prince in the world that embraced the Christian Faith That about the yeare of our Lord 185. hee writing to Pope Elutherius to send him the Romane and Imperiall Lawes whereby to governe his people then newly converted to Christ the modest Pope returned him this answer You have requested the Romane and Caesarean Lawes to bee transmitted to you from Vs which you would use
in the Kingdome of Britaine The Romane and Caesarean Lawes Wee may at all times reject but the Law of God by no meanes You have lately by Gods mercy received the Law and Faith of Christ in the Kingdom of Britaine You have with you in the Realme both Testaments out of them by Gods grace PER CONSILIVM REGNI VESTRI SVME LEGEM By the Councell of Your Realme not of your Clergy or Prelates take a Law and by it through Gods power You may governe Your Realm of Britain For You are Gods Vicar as Bracton likewise stiles our Kings in Your Realme c. Lo here the Pope himselfe resolves the King and great Councell of this Realme the Parliament not Clergy or Convocation to bee the only proper makers of Lawes to govern the Church and Kingdom by Anno 446. Germanus and Lupus two learned Bishops being sent hither out of France to suppresse the spreading dangerous Pelagian Heresie there was upon this occasion a Synod assembled at Verolam whereunto a numerous multitude of men together with their wives and children repaired ADERAT POPVLVS EXPECTABATVR FVTVRVS IVDEX The People were present expected to be the future Judge Adstabant partes dispari conditione consimiles Indè divina fides hinc humana praesumptio indè Christus hinc Pelagius autor perversae pravitatis c. After a long dispute Vanity is convinced confounded perfidiousnesse refuted being unable to answer the objections POPVLVS ARBITER vix manus continet JVDICIVM CVM CLAMORE CONTESTANDO c. The People being Arbitrator scarce hold their hands GIVING IVDGEMENT with a shout These things thus acted an innumerable company of both Sexes were converted to the Lord. In this first Synod that wee read of held within our Island the People were present as well as the Clergy and that not only as Auditors but Judges giving the finall Sentence in this great controversie concerning Religion Anno 449. There was another British Councell held by the said Germanus and Severus MAGNOQVE Clericorum ET LAICORVM NVMERO and a great number of Clergy-men and LAY-MEN against the reviving Errors of Pelagius and King Vortigerne 's incestuous marriage with his daughter OMNIVMQVE SENTENTIA pravitatum perversitas cum suis Autoribus condemnatur So that the Laity as well as the Clergy gave Sentence in this Synod against this Heresie and the Authors of it Nennius cap. 37. addes of this Councell concerning Vortigerne Dum conventa esset magna Synodus Clericorum ET LAICORVM in uno Concilio c. Ipse Rex maledictus est damnatur à beato Germano OMNI CONCILIO BRITONVM So that Lay-men were present and gave sentence together with the Clergy in this second Synod held in this our Isle About the yeare 612. King Ethelbert Genti suae Decreta Judiciorum as well in Ecclesiasticall as Temporall causes juxta exempla Romanorum CVM CONCILIO SAPENTVM INSTITVIT c. as Beda witnesseth About the yeare 627. Edwin King of Northumberland being perswaded to become a Christian returned this answer That he was about to conferre with his friends and COVNSELLORS concerning this thing and that if they would agree in opinion with him they would all be consecrated to Christ together in the Fountaine of life Hee did as hee had said Habito enim CVM SAPIENTIBVS CONCILIO For holding a Councell with his wise-men hee demanded severally of them all What this Doctrine which they had not hitherto heard of and the new worship of the Deity which was preached seemed to them And after some debate Coifi declaring his opinion that their former Religion had no vertue in it and that the Christian was farre better and to bee imbraced the rest of the Elders and Kings Counsellors concurred in opinion with him Whereupon they resolved forthwith to anathematize and burne with fire the Altars and Temples they had consecrated without fruit with the Idols in them Which done King Edwin with all the Nobles of his Nation and very many of the common people imbraced the Christian Faith and were Baptized Leo here a Pagan King and his Parliament determine the Christian Religion to be truest and thereupon renounce their former Idolatry and resolve to embrace the Christian Faith In the yeare 663. there was a great Councell held at Strenaeshale to decide the controversie concerning the due time of keeping Easter in which Councell King Oswey and his sonne Alfred with MANY NOBLES Bishops Clerks and LAY-MEN were present Colman and his Scottish Clergy maintained that it ought to bee kept after the Jewish computation Agilbert and his party held the contrary that it ought to bee observed at the time the Westerne Church solemnized it The Councell being sate King Oswey who presided in it before any debate of the Controversie made a solemne Speech unto them to this effect necessary for our times That it behoved those who served one God to hold one rule of living and serving him and not to differ in the celebration of heavenly Sacraments since they all expected one Kingdome in heaven Therefore they should rather inquire which was the truer tradition and that this should bee commonly followed by all Which said hee commanded Bishop Colman to relate what Rite it was which hee observed and whence it derived its originall Which Colman doing the King then commanded Bishop Wilfrid who was of the contrary party to declare his opinion and the grounds of it which hee did After long debate on either side the King gave sentence for VVilfreds opinion against Colman and his party because St. Peter who had the custody of Heaven Gates did by Colmans owne confession keep Easter as VVilfred held they ought to doe The King giving this resolution with his hands lifted up to heaven faverunt assidentes quique sive astantes majores unà cum mediocribus et abdicata minus perfecta institutione ad ea quae meliora cognoverant sese transferre festinabant all the great and meane Persons sitting and standing by concuring with the King gave sentence against Coleman for VVilfred and observed Easter accordingly ever after in their practice Here we finde the Clergy men only the debaters but the King Nobles and Commons the sole Judges and Resolvers of this Controversie and that in a most eminent generall Nationall Councell Anno 673. there was a Councell held at Hertford under Theodor Archbishop of Canterbury praesentibus Episcopis Angliae ET REGIBVS ET MAGNATIBVS VNIVERSIS writes Mathew Westminster at which all the Bishops Kings and great men of England were present All these sitting together Theodor propounded some Chapters or Canons concerning Church affaires before Them all which were afterwards assented to and subscribed Anno 684. There was a Councell held neare the River of Alne sub praesentia Regis Egfridi in the presence of King Egfrid who sate president in it Anno 692. King Ina made and published sundry notable ecclesiasticall laws concerning Religion Church government and
that in a Parliament or Councell wherein the King Nobels Senators and Elders of the people were present as well as Bishops and Clergy men Witnesse this preface to those Lawes of his Ego Inas Dei beneficio Occiduorum Saxonum Rex suasu et instituto Conredi Patris mei Heddae et Erkenvaldi Episcoporum meorum omnium Senatorum meorum et natu majorum sapientum populi mei in magna servorum Dei frequentia religiesè studebam tum animarum nostrarum saluti tum communi Regni nostri conservationi ut legittima nuptiarum faedera justaque judicia per omnem ditionem nostram fundata stabilitaque sint atque ut nulli liceat imposterum Senatori sive alteri cuivis in ditione nostra degenti haec nostra antiquare judicia Anno 694. there was a great Councell held at Becanceld wherein Withred King of Kent sate President and Bertuald Archbishop of Britain with Toby Bishop of Rochester the Abbats Abbesses Presbiters Deacons DVKES EARLES all assembled together deliberating about the state of the Churches in England The King subscribed the Lawes there made for the liberties of the Church in this manner Ego Withredus auxilio Christi his Legibus constitutis Rex pro Mo et Werburga Regina itemque pro filio nostro Arico subscripsi Anno 697. there was a Councell held at Berghamsted in the 5th yeare of the Reigne of Withred King of Kent under Birtuald the high Priest of Britanny Gybmund Bishop of Rochester and all the Ecclesiasticall Orders qui cum viris utique militaribus humanissimè et communi omnium assensu has lâ—ges decrevre Cantuariorumque Iuribus et consuetudinibus prout sequitur addendas edixere The Lawes are 28. in number all concerning Ecclesiasticall matters and are stiled in the Saxon Copy Juditia Withredi made in a Councel at Berghamsted praesentibus omnibus Ordinibus illius gentis cum viris quibusdam militaribus So that this was no other but a Parliament wherein the King Nobles Commons and Souldiers were present as well as the Bishops promulging and conâ—enting to these Lawes About the yeare 712 â—ae King of Westsex assembled a great Councell of all his Bishops PRINCES NOBLES EARLES AND OF ALL THE WISEMEN ALDERMEN AND COMMONS OF THE WHOL REALM wherein he made certain Ecclesiasticall Lawes concerning mariages to suppresse all fornication and uncleanesse Exhortatione doctrina per COMMVNE CONCILIVM ASSENSVM OMNIVM Episcoporum OMNIVM ALDERMANNORVM PRINCIPVM PROâ—ERVM COMITVM OMNIVM SAPIENTVM SENIORVM POPVLORVM TOTIVS REGNI or MVLTAQVE CONGREGATIONE SERVORVM DEI as some others render it About the yeare 714 Naitan King of Picts received a letter from Abbot Celfred concerning the time of celebrating Easter and Priests tonsure which he desired the King to cause to be observed throughout the Nation over which God had made him Kings the King hereupon assembled a Councell of learned men and of his Nobles and reading the said letter before them Rex surgens DEMEDIQ OPTIMATVM SUORUM CONSESSV kneled downe upon his knees giving thanks to God that he had deserved to receive such a gift from the Land of England and professed that he would have this forme of keeping Easter and tonsure to be perpetually observed throughout his Realme which was presently commanded by a royall Edict to be put in publique execution and was accordingly performed Anno 724. There was a Synod held in Northumberland by the Authority and favour of King Osred wherein wilfrid by the Kings favour got the superiority of his enemie About foure yeares after there was another Councell held at Worcester under Archbishop Bertuald by Pope Constantines advise not only of Religious persons Sed etiam regni Procerum But likewise of the Nobles of the Realme The Councell of Clovesho or Cliffe Anno 747. Cui Concilio interfuerunt Ethelbaldus Mâ—rciorum Rex CVMOMNIBVS REGNI SVI PRINCIPIBVS ET DVCIBVS as well as the Bishops and Clergy made sundry Ecclesiasticall Constitutions consented to and approved by the King all the Princes Dukes Nobles of his Kingdom not made or promulged by the Bishops only At this Councell were present 33. Princes and Dukes The Ecclesiasticall Canons in the Councell of Calchyth Anno 787. were made and confirmed by Offa King of Mercians and the secular Princes and Senators of the Land therein assembled as well as by the Ecclesiasticall Persons Convenerunt Omnes Principes regionis â—tam Ecclesiastici quam Seculares c. Tam REX QVAM PRINCIPESSVI CVMSENATORIBVS TERRAE DECRETA SIGNO CRVCIS FIRM AVERVNT Anno 7â—9 Pope Alrians Legates held a Councell at Chalchyth where Jambert Archbishop of Canterbury resigned part of his Archbishoprick to the Bishop of Litchfield and Offa King of Mercians who sate chiefe in it caused his Sonne Egfride to be crowned King it being in truth a Parliament as well as a Synod antiently and yet stiled a COVNCELL Anno 793 King Offa held a Councell at Verolam with Archbishop Humbert and his suffragans ET PRINCIPIBVS SVIS VNIVERSIS and all his Princes where they consulted about and resolved to build an Abbey to Saint Aâ—ban and to endow it with great priviledges and that the King should goe to Rome about it which he did Iuxta sententiam praedicti Concilii Anno 794. at the great Councell of Celichyth there were present 9. Kings 15. Bishops and 20. Dukes wherein the Reliques of Saint Alban were elevated adorned and a Monastery sounded to enshrine his bones And the same yeare King Offa having assembled another Councell of his Bishops and Nobles at Verolam REX VNANIMI OMNIVM CONSENSV et benevola voluntate beate Albano amplas contulit terras et possessiones innumeras Monachorum quoque conventum ad tumbam congregavit c. Cyneulf King of Westsex about the yeare 796. writ a letter to Lullus Bishop of Mentz una cum Episcopis meis neenon CVM CATERVA SATRAPARVM to settle matters of Religion In the Councell of Clovesho under Kenulf King of Mercians An. 800. who summoned to that Synod Episcopos DVCES Abbates CVJVSCVNQVE ORDINISVIROS there were severall Canons made concerning matters of faith and the lands and revenue of the Church At the Synod of Celichyth held on the sixth of August An. 816. under Kenulf King of Mercians there were not onely Bishops Abbots Priests and Deacons present in it but the King himselfe cum suis Principibus Ducibus Optimatibus with his Princes Dukes Nobles who made and published 11. Canons concerning matters of saith and Church affaires Anno 822. there was a Synodall Councell held at Clovesho under king Beornulfe wherein this king sate President Archbishop Wilfred with the rest of the Bishops and Abbots OMNIVMQVE DIGNITATVM OPTIMATIBVS Ecclesiasticarum scil SAECVLARIVM PERSONARVM being present in it debated such things as concerned the profit and necessity of Churches the rule and observance of a Monasticall life and likewise
Canterbury and Yorke to London to celebrate a Councell of all England there on the day appointed for the beginning of his Councell when all having taken their Robes and ensignes were about to go in Procession to it there fell out a vehement contention between the Archbishops themselves about the priority of place in the Councell For that rule of the Apostle in honour preferring one another was so abrogated by the Bishops of our time that neglecting their Pastorall diligence and care Bishops by how much the more stubbornly by so much also the more vainly contend about Praecedencie and almost all Episcopall Controversie is wholy conversant about the praerogative of their honours In conclusion Yorke comming soonest praeoccupied the first seate alleadging that the same belonged to him by the ancient decree of Saint Gregory by which it is known to bee enacted that of the Metropolitans of England he should be accounted the chiefe who was first ordained But Canterbury having made a solemne complaint of the preoccupying of his place as if he suffered prejudice refused the second seate Whereupon his subjects or Clerkes of his Province contending more fiercely for him presently the simple contention of words grew into a brauling Yorke the adverse party being stronger was thrust with ignominy from the place he had so early taken who exhibited his torne Myter to the Legate as a signe of the injury offered to him and cited Canterbury to the Apostolicall See The Metropolitans therefore thus contending and things thus disturbed the Councell was not celebrated but dissipated and they who had assembled as called forth to a Councell returned to their own homes Matthew Parker in his Antiquitates Ecclesiae Britannicae out of Gervasins and Radulphus de Duceto relates the story in these words A Legate called Flugonius came into England from the Pope at King Henry the seconds request that hee might both separate Queene Eleaner from him by a Divorce and comprimise the Controversie between the Archbishops of Canterbury and Yorke touching the precedency which had continued for many successions of Bishops and been oft times determined but never finally ended till the Statute of 31 Hen. 8. cap. 10. such was the pride and ambition of these Arch-Prelates whose more than civill contentions for superiority our Historians have at large recorded to their infamy This Legate assembled a Councell at Westminster in the Church of the infirme Monkes whither the Clergie of both Provinces plentifully assembled and when the day of beginning the Councell was come the Legate sitting on an high Throne gave the right hand to the Archbishop of Canterbury But Yorke hoping that the King would bee more propitious to him than to Canterbury refused the left hand and striving most impudently with his breech to sit between the Legate and Canterbury at last sate downe in the lap of his Primate He had scarcee touched Canterbury with his breech with which he strove to get the second place but he was shamefully reprehended both by many Bishops and also by many Clerkes and Laymen The Archbishop of Canterburies servants provoked with the indignity of this wicked fact and the vehemencie of the just reproofe pulling York out of their Lords bosome and throwing him down on the ground trampled him under their feet and his Archiepiscopall Robes being most shamefully pulled off and torne they buffeted him with their fists But Canterbury when as he could not call away nor hold off his servants enraged with so great anger departed out of the Councell that at least hee might draw them away with him by his departure The servants following their Master left Yorke lying prostrate on the ground environed with his torne Garments At last Yorke fetching many deep and frequent sighes ariseth halfe dead and goeth all bloody to the King who with his son was present in the Councell the thing for which I principally relate the storie and makes his complaint against Canterbury The King having received Yorks relation only was at first in censed against Canterbury but afterwards the truth of his owne rashnesse and impudency being manifested he dismissed Yorke who departed from the King with disgrace the most reviling him with clamors go go said they thou betrayer of Saint Thomas thy hands doe yet stinke with blood But he poore wretch did now welter in his owne not Thomas his blood Hugocius among these tumults perplexed with feare having pronounced a blessing sodainly dissolved so unluckie a Councell and appealled Canterbury to the Pope as guilty of this battery Yorke also did the like At last Canterbury least he should be overwhelmed with appeales on both sides submitted himselfe and his servants to the Popes protection by appealing both the Legate and Yorke to Rome so all equally appealed But the next day Canterbury who knew the manner of the Pontificians pacified the Legate with gifts and they thus reconciled remitted their Appeales on both sides Afterwards the Archbishop of Cant. and Geoffry of Ely were againe accused by the Bishop of York before the King that in the Councell of Westminster they had laid violent hands on him which when they had denyed and purged themselves upon Oath they were reconciled by the Kings command and by him a truce for five yeares was made between Canterbury and Yorke who promised betweene themselves upon Oath that they would firmely stand to the Arbiterment of the Bishops of Normandy and France as well concerning this battery as all other controversies depending between them And so this fray and Councell ended wherein you see the King Prince and Laymen were present it being in truth a Parliament accompanied with a Convocation Anno 1226. there was a Synod held at London under Otho the Popes Legate where the King with the Clergy Magnatibus Regni and the great men of the Kingdome assembled with many Bishops Priests Laâ—corum Turbis and Troops of Laymen when they were all assembled Otho read the Popes letters to them before them all in which the Pope alleaged that it was a most ancient scandall and reproach to the Church of Rome that she was branded for coveteousnesse the roote of all evill and in this especially that no men could expedite any businesse in the Court of Rome unlesse by disbursing great summes of money and giving store of gifts but because the poverty of the Church of Rome was the cause of this scandall and infamy her naturall sons ought to relieve the want of their Mother for unlesse we should receive gifts from you and other good and honest men we should want necessaries to supply our lives which would be altogether incongruous to the Roman dignity Therefore utterly to roote out this scandall by the Councell of our Brethren the Cardinalls of the holy Church of Rome we have provided a certaine forme to which if you will consent you may free your Mother from scandall and obtaine Justice in the Court of Rome without giving any bribes Now the forme provided is this First of
all we desire two Prebends to be given us by all Cathedrall Churches and out of Abbies where the Monkes and Abbots have divers portions of each one Monkes intire allowance one from the Covent another from the Abbott which demand Otho urged the Bishops and Prelates to grant on the foresaid grounds Who consulting together hereupon returned this their common Answere by Iohn Archdeacon of Bedford That those things he had propounded to them did specially concerne the King of England and generally all the Patrons of Churches Archbishops Suffragans and Prelates of England since therefore the King was then absent by reason of his infirmitie and some Archbishops Bishops and other Prelates were absent likewise that in their absence they neither could nor ought to give any Answer And upon these words uttered came Iohn Lord Marshall of England and other Messengers from the King strictly commanding all what held Baronies of the King in Capite that that they should not obliege their lay Fee to the Church of Rome whereby he might be deprived of the services due unto him And so all returned to their owne home The same yeare there was another Councell assembled at Westminster under Stephen Langhton Archbishop of Canterbury about the same matter To which the King conferring a part with some of the Nobles and Bishops gave this Answer that these things concern all Christendom because we are placed in the remotest parts of the world when we shall see what other Kingdomes will say to these exactions and shall have an example from them the Pope shall finde us more ready to obey him And so this Councell brake up By both which presidents it is evident that Councells in those dayes were no other but Parliaments the King Nobles and Commons being present in them and that the Clergy alone could treat or conclude of nothing but by their concurring assents Anno 1231. There was a great Synod of Abbotts Priors Archdeacons with almost the whole Nobility Masters and Clerks of the Realme assembled at Saint Albans by the Popes Command to celebrate a divorse betweene the Countesse of Essex and her Husband if there were cause This divorse was but an Ecclesiasticall matteâ— as the Canonists deemed it yet both King Nobles and Commons as well as Abbots and Clergy-men were present at it and called to it by the Popes command In the yeare of our Lord 1236. there was a Councell of all the great men Prelates and Clergie of the Realme summoned to meet at London by King Henry the third under Othe the Popes Legate which being assembled together at Paules the second day thereof the King sent John Earle of Lincolne Iohn the son of Jeffery and William de Reele a Canon of Paules to inhibit the Legate in the behalfe of the King and Kingdome that he should not there Attempt or decree any thing against his Royall Crowne and dignity William Reele remained there to see this inhibition observed the others departed The next day folowing the Legate supported with divine assistance astantis concilij Suffragits et consensu and by the suffrages and consent of the Councel there present to conserve and reforme the State Ecclesiasticall in the parts of England besides other Canonicall institutions promulged certaine Canons digested into Chapters and Articles which Edmond Archbishop of Canterbury with divers others who departed from the Councell with little joy resolved to nullifie and revoke as not confirmed by the King the Lords and Commons for ought appeares which Otho understanding writ to the Pope to ratifie them who accordingly did it by his decretall Epistle Anno 1288. John Peckam Archbishop of Canterbury held a Provinciall Councell at Redding in which he made five Constitutions purposing to draw the conusance of Patronages of Churches anciently belonging to the Kings Court to the Ecclesiasticall to rescinde all Royall Prohibitions in suites depending in the Ecclesiasticall Court for goods and Chattels and to inhibitu that Ecclesiasticall Judges should be thenceforth prohibited to proceed in them But the King hearing of this designe sent certain selected messengers both to the Archbishop and the whole Councell commanding them with threats to resist whence it came to passe that the Archbishop wholy receeded from his presumption and the Councell being dissolved all the Prelates returned frustrate of their hope 31. An. 1296. Robert Winchelsee Archbishop of Canterbury held a Provinciall Councell at London where the Clergy to disapoint the King of his Subsidies and Tenths decreed among other things Ne quid inconsulto Papa Regibus a Clero solveretur That nothing should be payed to Kings without the Popes privity and consent A right loyall Constitution worthy Prelates The King having then called a Parliament to re-inburse his monyes spent in the Scottish Wars had a large Subsidie granted him by the Commons and Burgesses But the Clergy neither offered nor granted him any thing by reason of this their Constitution for confirmation whereof the Archbishop had gotten the Popes Bull The King being moved therewith proroged the Parliament to London commanding the Clergy to be there on the first day of Saint Hilary to give him a better answer The King in the mean time commanded all the Clergy mens Barnes which were full of corne to be sealed up with publike Seales which whiles his Officers were executing the Archbishop commanded the Popes decree to be published in Cathedrall Churches inhibiting under pain of Excommunication that no Tribute or ayd should be payd to the King or to any secular Prince out of Ecclesiasticall livings or revenues an high straine of Papall usurpation and presumption and when he and his Suffragans met in Pauls they resolved to stand to their former Constitution and to grant the King nothing Such dutifull good Subjects were these lordly Prelates Whereupon the King sending messengers to them to demand a supply from them they all returne him this answer It is sufficiently known that under God the Lord of all we have two Lords a spirituall the Pope our Lord and a temporall the King our Soveraigne and though we are bound to obey both yet we ought to obey our spirituall Lord more than our temporall And therefore we intend to send a Legate to the Pope that his leave first obtained wee may give the King what he desires of us The King receiving this answer tooke it very disdainfully that he should be thus mocked in his own Kingdome by the Pope and his Clergie and thereupon thrust the Clergie out of the Parliament and held a Councell with his Barons and Commons alone and presently put all the Clergie out of his protection that none of them should have power to sue any man in any of his Courts but might be sued there by any of his subjects upon which all the Clergie but the Archbishop were content to offer the King the fith part of their Ecclesiasticall goods and the Archbishop persisting in his obstinacy had all
have else-where manifested In King Henry the 3. his Raign I finde these severall printed Acts of Parliament made concerning the Church Bishops Abbots Clergymen and Ecclesiasticall affaires which you may peruse at pleasure 9. H. 3. c. 1. 5. 18. 31. 33. 36 37. The Charter of the Forrest 9. H. 3. c. 4. 11. 16. 20. H. 3. c. 9. 51. H. 3. c. 10. 12. 28. besides those Recorded by Matthew Paris In King Edward the first his Raigne there were these Acts to like purpose 3 E. 1. which begins with this Prologue Because our Soveragine Lord the King had given power to redresse the State of the Realme c. for the common profit of holy Church and of the Realme And because the State of holy Church hath ever been kept c. c. 1 2. 46. 4 E. 1. c. 6. 7 E. 1. the Statute of Morâ—main 13. E. 1. c. 5. 19. 29. 31 32 33. 41 42 43. 48. Circumspecte agatis 13 E. 1. commonly called a Statute though 19 E. 3. Fitz. Iurisdiction 28. it be adjudged none The Statute upon the Writ of Consultation 24 Ed. 1. The confirmation of the Charters of the Liberties of England 25 E. 3. c. 4. 6. The Statute concerning certain Liberties granted to the Commons The Statute of Carlisle 25. E. 1. See Cookes 5. Report of the Kings Ecclesiasticall Law f. 13. 34. E. 1. c. 6. In King Edward the seconds dayes I meet with the Statute of Aâ—ticuli Cleri 19 E. 2. which wholly concernes the Clergy their Courts Tythes Rights The Statute de Prerogativa Regis c. 1. 8. 10. 14 15. and Articles against the Kings Prohibition In King Edward the third his Regency I finde very many Statutes concerning the Clergie and all kinde of Church affaires as namely 1 E. 3. Stat 2. c. 10 11. 4 E. 3. c. 6. 5 E. 3. c. 2. 9 E. 3. Stat. 2. c. 1. 14 E. 3. stat 1. c. 1. 17. and stat 3 made for the Clergy the Prologue and c. 1 2 3 4 5. 15 E. 3. stat 1. c. 1. 6. Parl. 3. c. 6. 18 E. 3. stat 3. for the Clergie c. 1 2 3 4 5 6 7. 23 E. 3. c. 8. 25 E. 3. stat 3 for the Clergie c. 1 2 3 4 5 6 7 8. 25 E. 3. stat 6. of Provisions 27 E. 3. stat 1. c. 1. of Provisions 28 E. 3. c. 14. 31 E. 3. stat 1. c. 4. 11. 13 14. 36 E. 3. c. 8 concerning Priests Salaries c. 38 E. 3. stat 2. against provisors and Appeales to Rome c. 1 2 3 4 5. 45 E. 3. c. 3. 50 E. 3. c. 1. 4 5. To which I shall adde only this observation That the prologues to the statutes of 1 E. 3. stat 2. 2 E. 3 stat 3. 28 E. 3. 38 E. 3. stat 1. and 50 E. 3. with others begin thus To the honour of God and of HOLY CHVRCH and redresse of the oppressions of the people c. these ensuing Acts were made granted to testifie that even in those dayes our Parliaments first began with matters of God and the Church and settled them by Lawes as there was occasion and then proceeded to temporall matters and grievances the very Statute of Magna Charta having the same prologue wherein you may discerne this method pursued and in most subsequent Parliaments I shall adde to these printed Acts 6 E. 3. num 5. prohibiting Bishops to meddle in matters of the peace 45 E. 3. num 15. removing Bishops from all temporall Offices 50 E. 3. num 99. 103. complaining against popish Cardinals 40 E. 3. num 7 8. a notable Record against the Popes claime to the Kingdome of England by vertue of K. Johns grant 17 E. 3. num 59 60. 18 E. 3. num 59 60. 38 E. 3. num 7. 50 E. 3. num 85. 87 88. complaining against yea restraining the Popes exactions and usurpations as the cause of all plagues 50 E. 3. num 46 47. complaining against the Canons of the Clergy and 47 E. 3. num 24. against Ordinaries incroaching upon the civill Iurisdiction To proceed to King Richard the second the Statutes in the first yeare of his Raigne have this Preface Richard by the Grace of God c. Know that to the honour of God and reverence of holy Church for to nourish peace unity and concord in all the parts of the Realme c. We have ordained and established certain Statutes c. First it is agreed and established that holy Church shall haue and enjoy all her rights liberties and franchises wholly and without blemish c. The confirmation of Magna Charta with other temporall Laws next follow then c. 13 14 15. three Lawes for paying of Tythes and freeing Clergymen from arrests during their exercising of divine Service The second Parliament in â— Rich. 2. hath the like prologue To the honour of God and holy Church cap. 1 confirmes the franchises liberties of the Church 3. R. 2. C. 1 doth the like c. 3. is a Statute against Provisions from Rome to avoyd Nonresidency to provide for instruction of the people by preaching and reforme many abuses in the Church occasioned by provisions made at the complaints clamors and divers Petitions of the Kings Leige people delivered in divers Parliaments to reforme these abuses 5. R. 2. cap. 1. hath the like preface c. 1. confirmes the Churches liberties 5. R. 32. Parl. 2. c. 5. Is a Statute made at the Clergies motion to suppresse haresies and Errors contrary to the Christian faith and to imprison haeretickes and erronious Preachers till they justifie themselves according to the Law and reason of holy Church 6 Rich. 2. Stat. 1. hath the like prologue and c. 1. Ordaines and accords that our holy Mother the Church of England have all her Liberties whole and unhurt and the same fully enjoy and use 7 Rich. 2. hath the same prologue c. 8. the like confirmation of the Churches priviledges and c. 12. prohibits Provisions from Rome 8 Rich. 2. hath the like preface and enacts in the first chapter That holy Church have all her liberties 9. R. 2. c 4. 5. concerns Ordinaries Priors dative and perpetuall and Preists 10. R. 2. c. 1. saves pontificall dignity and priviledge of holy Church and cleares all in all things aforesaid 11. R. 2. c. 3. declares that Bishops ought not to be present or voting in Parliament in matters of blood 1. 2. R. 2. c. 1. confirmes the Churches liberties Chap. 7. exempts pilgrimes from the punishments of Vagrants and c. 15. prohibits Provisions from any forraign power 13. R. 2. recites That the acts therein passed were to the honour of God and holy Church c. and c. 13. prohibits hunting on holy-dayes and Priests to keepe Dogs who have not livings to a certaine value c. 18 concernes the Bishop and Deane of Lincolne and c. 29. Pilgrimes 13. R. 2. Parl. 2. c. 23. provides for the election of Bishops and all other ecclesiasticall
the Assembly not by any particular man or men in a private way when either House shall require it All things agreed 〈◊〉 and prepared for the Parliament to be openly read and allowed in the Assembly if the major part assent Provided that the opinion of any persons dissenting and the reasons urged for it be annexed thereunto if the Dissenters require it Together with Solutions if any were given in the Assembly to these Reasons Jo Browne Cler. Parliamentorum Having thus sufficiently evidenced the authority and jurisdiction of Parliaments in matters of Religion and Church affaires by these numerous punctuall irrefragable Presidents in all Ages give me leave to add these two considerations to them to demonstrate this their undoubted right and priviledge beyond all contradiction and silence every adverse tongue Pen of all Papists Anabaptists Brownists Separatists or Independents whatsoever First that all our ancient and moderne Writs for summoning a Parliament have ever had this speciall clause in them Pro quibusdam ardnis ungentibus negotiis Nos statum defensionem Regni Angliae ECCLESIAE ANGLICANAE concernentibus quâ—ddam Parliamentum c. teneri ordinavaimus From whence it is most apparent That the state and defence of the Church of England and well ordering of the same is one Principall end of summoning Parliaments and one maine part of the subject matters of our Parliaments as Sir Edward Cooke resolves 2ly That all every of the preâ—ended opposites to Parliaments Ecclesiasticall jurisdiction hand formely and none especially in the present Parliament addressed severall Petitions to this High and Honorable Court for Reformation of the Church suppression of haeresies Errors Idolatry Popery Superstition Schismes Prelaâ—y and establishing Gods true worship Religion Ordinances Discipline as to the most proper Iudicature Tribunall Lawgiver in our Church which they could resort unto and not to the Convocation or any other Assembly of Clergy-men alone or Independent Congregation To give you some few remarkable instances besides those formerly remembred instead of infinite others which I pretermit for brevity Our famous English Apostle Iohn Wickelesse as he professedly maintained in K. Richard the second his Raigne That any Clergy-man yea the Pope himselfe might lawfully be reprehended accused and corrected by Lay-men That the temporall Lords and Princes might lawfully and meritoriously take the possessions and Revenues from the Church and from Ecclesiasticall persons offending habitually c. to the end they might reforme them And that they were obliged to reforme the Church and Prelates under paine of being traitours to Iesus Christ So likewise in the fifth year of this King he Writ and sent to the Lords and great men assembled at London IN PARLIAMENT seven Propositions tending to the abolishing of the Popes usurped power and exactions to selfe the temporalities of Deliâ—â—â—ent Bishops to remove Bishops and Clergy-men from all secular imployments 〈◊〉 reforme the abuses of Excommunications and imprisonments upon them to 〈◊〉 Transubstantiation and reforme the Churches both to 〈…〉 the particulars whereof you may read at large in 〈◊〉 And 〈◊〉 long after his learned Disciple William 〈◊〉 a Martyâ— being unjustly condemned by the Bishop of Hereford for maintaining Wickliffes opinions appealed to the King and Parliament against it and withall writ a pious Letter to the Parliament recorded by Master Fox which concludes thus Deare worshipfull Sirs in this world Theseech you for Christs love as ye yet 〈◊〉 loven Gods Law and Truth that in these dayes is greatly borne abacke that they wollen vouchsafe these things that I send you written to Gods worship to let them be shewed IN THE PARLIAMENT as your wits can best conceive to most worship to our God and to shewing of the truth AND AMENDING OF HOLY CHVRCH My concâ—usions and mineâ— appeale and other true matters of Gods Law if any can finde in them error falsenesse or default privet by the Law of Christ clearly to christian mens knowledge I shall revoke my wrong conceit by Gods law be amended more ready to hold with Gods law openly and privily with Gods grace and nothing to hold teach or maintain that is contrary to his Law By which he made that very Parliament Iudges of his Doctrine had reformers of the Church though for the most part Papists in those dayes On the contrary side the very Papists Prelates Clergy and Convocation in those times did likewise Petition the King and Parliament for suppression of haereticall opinions Preachers Bookes Schooles Conventiâ—les and the punishment and restraint of hereticks sectaries haereticall preachers and Schoolmasters as they deemed them and upon their prayer and importunity the Statutes of 5. R. 2 〈…〉 5. â—2 H. 4. c. 15. â— H. 5. c. 7. to which the Commons never consented were made and 〈◊〉 to that purpose as is evident by the very words of the Acts themselves Master Fox his Acts and Monuments vol. 1. Edi◠〈◊〉 p. 773. And it is as evident that the Popish Commons Petition was the cause of the Statute of 25 H. 8. c. 14. For the punishment of heresie and the Popish Clergyes importunity to King Henry the eight his motion to the Parliament the occasion of the bloudy Statue of 31 H. 8. c. 14. 34. H. c. 8. 1. as the words of the Acts and Master Fox demonstrate both King and Clergy Nobles and Commons even in these times of Popery deeming our parliaments the meetest Iudges and only lawgivers for ordering Church affaires and matters of Religion About the 37. yeare of King Henry the 〈◊〉 Roderick Morse once a Grey 〈◊〉 published a book in print 〈◊〉 A complaint to the Parliament house of England directed to the Parliament wherein he demonstrates many abuses and corruptions of the Church and Clergy of England in those dayes both in matter of Doctrine Worship Discipline manners which he earnestly presseth petitioneth the Parliament effectually to reforme by wholsome Lawes and Edicts as a thing most properly belonging to their place and Iurisdiction as the whole booke manifests which had been very absurd had the Parliament been no meer Iudge of Religion and Church affaires and no 〈◊〉 Reformers of these abuses by Lawes and punishments as some now repute them In King Edward the sixt Queene Maries and Queene Elizabeths severall Raignes the Clergie and 〈◊〉 made their Petitions and addresses to the Parliament for setling reforming establishing all matters of Religion Church-government and discipline as the forementioned Statutes with multitudes of Petitions and bookes printed and dedicated to the Parliaments in their severall Raigns demonstrate especially 1. and 2. Phili. and Mary c. 6. 8. 1 Eliz. c. 1. 2. 4. 8. Eliz. c. 1. Two admonitions to the Parliament Anno. 1572. Iohn Penry his supplication to the Parliament and others The Petitions to all the severall Parliaments in King Iames his Raigne and our present Soveraignes but more especially to this present Parliament from all sorts of people in every County of the Realme
from Laity and Clergy Protestants of all sorts as well Presbyterians aâ— Independents yea from Antinomians Anabaptists Brownists and Schismatickes of all sorts to reforme Religion especially Church-government set up the Ordinances and worship of God in their purity and settle all matters of Doctrine Discipline Government by Act of Parliament as neere as might be to the word by the assistance of a godly learned Assembly of Divines the daily calling of Ministers of all sorts upon the Parliam to pursue this work the prayers of all piously affected to Almighty God both publickly and privately to assist them extraordinarily from Heaven in this great weighty spirituall building together with the Assemblies submission of all their determinations to the Parliaments alteration approbation or rejection and the Independents own addresses Petitions late tender of the reasons of their dissent from the Assembly to them is to my weak approbation a most irrefragable Argument and publicke acknowledgement of their undoubted right and Legislative power in all Ecsiasticall affaires of what nature and quality soever and that all parties ought readily to submit to their just determinations in point of practise and obedience in all these particulars whereof they have thus unanimously and importunately from time to time petitioned them to be Iudges There is no party or Sectary whatsoever which hath formerly petitioned them in this kinde but would preach and write for universall obedience to that forme of Church-government the Parliament should settle and establish provided it suited fully with their particular way which they judge the truest and most consonant to Scripture and if they should once authorize or settle the Independents hitherto concealed way I am confident they would all preach universall obedience submission to it under pain of contumacy haeresie schisme and the severest penalties Ecclesiasticall or civill since they write as much in effect already in their Pamphlets and that this their way may reasonably yea and upon higher terms then of reason be thought in time that it cannot but overthrow all other sorts of Ecclesiasticall Government and stand up it selfe in their stead If then every side be of this minde in case the Parliament determine for their party then why should not all be willingly concluded satisfied with what they shall rightly determine be it for or against their way since they have all appealled to their judgements alike which must either be altogether fruitlesse and un-obliging to any or els indifferently binde all to voluntary or enforced conformity Add to this that all or most of our opposites in this point of Parliaments juriâ—diction and Legislative power in Ecclesiasticall matters have freely submitted themselves to the Protestation Vow and solemne Nationall Covenant imposed and prescribed by the Parliament which enjoyne them under paine of highest Perjury with their lives and estates to maintain and defend the ancient rights and priviledges of Parliament and this we now debate as well as any other That they have generally acknowledged and obeyed the Parliaments Iurisdiction in prescribing publick monethly Fasts and others upon speciall occasions with publicke dayes of thanksgiving together with their power and Ordinances to suppresse all prophanations of the Lords day with many other abuses Sects Errors in Church affaires which hath for ever estopped them to quarrell or deny the Parliaments Legislative Iurisdiction in any other particulars of Church-government Discipline or Religion which suite not with their humors or opinions I shall conclude this point concerning Our own Parliaments Ecclesiasticall jurisdiction with the determination of our incomparable Jewell which hath more reall worth and value in it then the contrary opinion of thousands of opposites being alwayes hitherto reputed the received Doctrine of the Church of England and with Bishop Bilson a very solid Writer This reverend learned Jewell in his Apologie hath this passage concerning the establishment of the Protestant Religion among us That the matter hath been treated in open PARLIAMENT with long consultation and before a notable SYNOD and CONVOCATION Master â—â—â—ding his Antagonist Anâ—â—gonist answering thereunto just as some Independenâ—â— and others who protest they have abjured all Popery though they follow it herein to an haires breadth do now The Parliaments of these later dayes did make most of you and yet how open was it for you had ye any plaâ—e at all in it were ye admitted within the doores or had ye any thing to do in that assembly Did they tarry many moneths about it had they Bishops had they Divines and the most learned to reason too and fro with all Liberty c. How many of the spirituall Lords a great part of the Parliament and without all doubt the part which must be chiefly and only regarded when the questiones of Religion gave their voyce to your Gospell yea which of them did not resist it save 〈◊〉 alone c If they will needs have their matters to depend of THEIR PARLIAMENT let us not be blamed if we call it PARLIAMENT RELIGION PARLIAMENT GOSPEL PARLIAMENT FAITH This learned Bishop returnes the ensuing reply to him That the Parliament war summoned by royall Authority confirmed and concluded in Order as heretofore hath been used That a Parliament might be held and Acts passed without the consent and agreement of Lords Spirituall for which he produceth sundry examples Farther whereas ye call the Doctrine of Christ that now by Gods great mercy and to your great griefe is universally and freely preached a PARLIAMENT RELIGION and a PARLIAMENT GOSPEL for such sobriety becometh you well and may stand you instead when learning fayleth ye might have remembred that Christ himselfe at the begining was universally received and honoured through this Realme BY ASSENT OF PARLIAMENT and further that WITHOUT PARLIAMENT your POPE himselfe was never received no not in the late time of Queen Mary yea and even then his Holinesse was clogged with PARLIAMENT CONDITIONS that whatsoever had beene determined in Parliament and was not repealed were it never so contrary to 〈…〉 and Canons should remain still inviolable and stand in force 〈…〉 Holinesse had gone home again Such Master Harding is the Authority of a Parliament Verily it Parliaments of Realmes be no Parliaments then will your Pope be no Pope Therefore as you now call the truth of God we professe a Parliament Religion and a Parliament Gospel even so with 〈…〉 and gravity of speech you might have sayd our Fathers in old times had a Parliament Christ And your late Fatherâ— and Brethren had of late in the time of Queene Mary a Parliament Faith a Parliament 〈◊〉 a Parliament Pope Neither is it so strange a matter to see Ecclesiasticall causes debated in Parliament read the Lawes of King Inas King Elâ—â—ede King Edward King Ethelstan King Edmond King 〈◊〉 King Canute and ye shall finde that our Godly Forefathers the Princes and Peers of this Realme never vouchsafed to entreat of matters of Peace of Warre or otherwise touching the
Common State before all controversies of Religion and causes Ecclesiasticall had beene concluded King Canute in his Parliament holden at Winchester upon Christmas day after sundry Lawes and Orders made touching the faith the keeping of holy Dayes publike prayers learning of the Lords Prayer receiving of the Communion thrice in the yeare the manner and forme of Baptisme fasting and other like matters of Religion in the end thereof saith thus Iam sequitur institutum Legum secularium Now followeth an Order for temporall Lawes Thirdly we see that the Godly Catholique Princes in old times thought is their duty before all other offices of the Common weale first to determine matters of Religion and that even BY THE PARLIAMENTS OF THIS REALME In a Parliament holden by King William the Conquerer it is written thus The King for as much as he is the Vicar of the highest King is therefore appointed for this purpose that he should Rule and defend the Kingdome and People of the Lord and above all things the holy Church c. Hereby it appeareth that Kings and Princes are specially and of purpose appointed by God not only to defend but also to Governe and Rule the holy Churh How be it if any imperfection shall appeare in the former Parliaments we give God thankes for the same that is and trust that for his owne names sake he will confirme what he hath begun The hearts of Princes and determinations of Parliaments are in his hands If any thing want the arme of the Lord is not Shorted he is able to supply the same So our incomperable Iewell enough to satisfie and silence all our Opposites Thomas Bilson Warden and afterwards Bish of Winchester bringing in the Prelates and Iesuiâ—s objecting against our reformed Protestant Religion that it was brought in and ratified not by a Councell and Synod of the Clergy but by the Prince Queene Elizabeth and the Parliament who say they had no power to determine or deliberate of those matters returnes this answer May not the Prince command for truth within hee Realme except your consents be first required and hadâ— May not her Highnes serve Christ in making laws for Christ without your likeing Claime you this interest and prerogative that without you nothing shall be done in matters of Religion by the Laws of God or by the liberties of this Realme By the Lawes of the land you have no such priviledges Parliaments have beene kept by the King and his Barons the. Clergy wholy excluded and their Acts and statutes good And when the Bishops were present their votes from the Conquest to this day were never negative By Gods Law you have nothing to do with making Lawes of Kingdoms or Common wealthes You may teach you may not command persuasion is your part compulsion is the Princes If Princes imbrace the truth you must obey them If they pursue truth you must abide them By what authority then claim you this Dominion over Princes that their laws for Religion shall be voyde unles you consent seeing they are the maintainers establishers and upholders of the faith with publique power and positive Lawes which they and their Parliaments may make without a precedent councel of Clergy men to guid them as he there proves at large by sundry presidents If any Concurre not with me in this undoubted Ecclesiasticall Iurisdiction of Christian Princes and Parliaments after all these pregnant testimonies I must tell them in plaine english they directly violate their late vow and Covenant and symbolâ—e herein with Jesuites and Popish Prelates whose doctrines they have abjured by their Nationall Covenant and therefore cannot may not ever hereafter embâ—ace without the highest Perjury and plaine Apostacy unto Popery I shall finish this Section of the Authority and power of Parliaments in matters of Religion Church-government Discipline and enacting Lawes in all and every of these particulars with some forraigne presidents in the Parliaments Diers Assemblyes of Estats in other Realme republikes Should I now relate unto you the many ecclesiasticall Laws of all sorts made in them I might swell this Treatise into many folio volumes I shal therefore only give you a brief touch catalogue of some few which the Studious may peruse make use of at their leisure For FRANCE you may survey the Decrees of King Childebert debated and agreed by him and his people in a Parliament de quibuscunque conditionibus una cum Optimatibus nostris c. 2. 4. c. 15. For sanctifying the Lords Day prohibiting the dressing of any but necessary food on it all Bodily labour under pecuniary mulcts The ecclesiasticall laws of Charles the great Ludovicus pius Charles the Bald collected into one volum by Abbot Ansegisus Benedictus Levita Lindebrogus others printed with some pettinent additions Parisijs 1640. stiled Capitula Regum Episcoporum Maximeque OMNIVM NOBILIVM FRANCORVM were made GENERALI CONSENSV PIDPLIVM SKORVM ET GENERALI CONSVLTV ET COMMVNI CONCILIO by generall consent of the King Bishops and especially of the Nobles and states of France in Common Councells Parliaments and Assemblies of the estates Who had so great a power in making rejecting Canons ecclesiasticall Lawes that when in the yeare 846. the Bishops of France and their suffragans had in their Synods compiled certaine Canons by the command of Charles the Bald and tendered them to him as he had commanded in Sparnaâ— a Village of the Church of Rhaemes to peruse and approve the King Dissidentibus regni sui PRIMORIBVS ab eorundem episcoporum admonitionâ— by reason that the Nobles and other men of his Realme differed from the Bishops in opinion in most of those Canons the King and Nobles out of all their Canons or Chapters haec tantum observanda complacenda sibi colligerunt Episcopis scripto tradiderunt dicentes NON AMPLIVS DE FORVM CAPJTVLIS ACCEPTASSE QVAM ISTA ET ISTASE VELLECVM PRINCIPE OBSERVARE which were Stiled Captule Regis CAROLI not the Bishops Canons By which it is evident that no ecclesiasticall lawes or Canons could be made in France to bind either Clergy or Laity but such at the King Nobles Parliament and three estates approved and confirmed I shall add to this that Anno 1307. King Philip the 4. of France assembled a Parliament at Paris wherein the Laity of France exhibited 65. Articles against the Clergy to regulate their jurisdiction and abuses which were there largely handled and debated as you may read at leisure in Masters Fox who records the passages very fully in the French Histories What the Parliament Estates in France have done enacted in matters of Religion Church-Government and discipline of ancient and latter times you may read at large in Liurentius Bochellus his Decreta Ecclesiae Gallicaiae in Carolus Molinaeus Contra parvas Datas c. in William Ranchin his Survay of the Councel of Trent but above all in Antonie Fontanon
confession was againe ratified Anno 1567. in the first Parliament of James the 6. After which there was an Act made against the Masse and the sayers and heares thereof and another Act for the abolishing of the Pope and his usurped Authority in Scotland After this a forme of Church Government and discipline was presented to the Nobility to peruse but not then fully agreed on and setled The like Petitions and proceedings in ecclesiasticall affaires I finde in the yeares 1561. 1562. 1563. to 1580. 1581 1582. and that the Generall Assemblies of Scotland in nature of a Councell or Synod wherein they debated matters of Religion and Church-government consisted not only of Ministers but of Nobles Gentlemen with other Laikes and that their resolutions and Acts were not thought obligatory unlesse ratified by special Acts of Parliament by which they still petitioned they might be confirmed Not to trouble the Reader over long I finde these ensuing ecclesiasticall Acts of Parliament in Scotland against provisions from Rome Iam. 3. parl 6. c. 43. Iam. 4. parl 1. c. 4. parl 5. c. 53. Iam. 5. paul 〈◊〉 c. 119. Against Working Gaming playing haunting of Taverines Aâ—châ—uses and using any sorvile worke on the SABOTH-DAY Iam. 4. parl 6. c. 83. Iam 6. parl 6 c. 70â— parl â—4 c. 148 against Apostacy Idolatry Masse the Pope Semeniary Priests Iesuites uncommunicants Popery as Iam. 8. parl 1. c. â— 3 5. parl 3. c. 1. 45 46. 55. parl 4. c. 7 8. 35 parlâ— 7. c. 106. parl 10. c. 24 27. parl 12. c. 1 20. parl 13. c. 60. parl 14. c. 193. parl 16. c. 17 18. parl 19. c. 1. Against Adultery Mat parl 5 c. 10. parl 9. c. 74. Iam. 6. parl 2. c. 14. parl 7. c. 105 with sundry others which you may finde mentioned and recired in the 5 and 6 Acts of the second Parliament of King Charles at the Sessions holden at Edinburgh the eleventh day of Iune 1640 Regiam Majestatâ—â— to which for brevity 〈◊〉 referre the Reader I shall conclude with the Ecclesiasticall Acts made in the severall Sessions of the second Parliament of King Charles held at Edinburgh in the yeare 1640 and 1642 where in the presens government of the Church of Scotland together with their profession of Faith nationall Covenant and all Ecclesiasticall matters whatsoever were fully settled and ratified In the first Session of this Parliament I finde these ensuing Ecclesiasticall 〈◊〉 enacted Act. 4. 〈◊〉 the Ratification of the ACTS OF THE ASSEMBLY which are recited in and ratified approved perpetually confirmed by this law Act. 5. Anent the Ratification of the Covenant and of the Assemblies Supplication Act of Councels and Act of Assymbly concerning the Covinant and confession of Faith formerly made and subscribed sundry times here in recited and confirmed In which Act sundry lawes formerly made against Popish Idolatry superstitious Doctrine Papists Seminary priests Iesuits Papisticall Ceremonies Masse the Popes iurisdiction the reformation of the Church and maintenace of Gods true religion are recapitulated confirmed Acts 6. Rescissory repealing divers former Acts concerning Archbishops Bishops with other Prelates their unjust jurisdiction and authority Acts 7. For planting of Kirks unprovided with Ministers through the Patrons default Acts 8. Anent admission of Ministers to Kirkes which belong to Bishopricks Acts 9. discharging the going of Salt-pans and Milnes upon the Sabbath day Acts 10. discharging Salmon fishing upon the Sabbath day Acts 11. Against Papists Acts 12. discharging the Zule vacancy or Christmas Act 13. discharging Monday market in Edinburgh and elsewhere as occasioning great prophanation of the Sunday and distracting men from Gods publike worship and Service Acts 14. For taking order with the abuse committed on the Sabbath day c. Acts 15. Directing Letters of horning against excommunicated persons to which I might adde Acts 16. 29 30. 32. 37 38 having relation to the Church and defence of Religion And Session second of this Parliament 1641. Acts 8. 9 10 11 for abolishing the Monuments of Idolatry 12. Anent Non-communicants and excommunicate persons all printed besides sundry other Acts unprinted are an abundant Evidence both of the Scottish English Parliaments undoubted right jurisdiction and authority in all matter of Religion Discipline and Church-government maugre all inconsiderable late privateopinions to the contrary by whomsoever broached Section 4. Containing certain Corollaries from the premised Sections against the Inpugners of Parliaments and Princes Legislative Power and Authority in matters of Church-government Discipline Religion Together with a compleat Answer to Master Iohn Goodwins pretended Authorities my deare Brother Burtons and others Arguments to the contrary in Iustificaetion of their Independent way in some late Publications the substance whereof is here clearely refuted and this point among others cleared That just humane Civill or Ecclesiasticall Lawes binde the conscience in point of obedience And that there is no exact set forme of Church government universally prescribed in Scripture to all Churches IN the precedent Sections I have according to my solemne Covenant and Protestation abundantly cleared the ancient unquestionable Iurisdiction and Legislative Authority of our Kings and Parliaments in all matters of Religion Church-government Discipline by multitudes of expresse Presidents in all Ages and Authorities of all kindes I shall in the next place Dissipate all those empty clouds of objections which endeavour to obscure this clear-shining Verity by deducing some Corollaries from the premises and then refuting the principle late objections against the same The first Corollary is this That Bishop Laudes desperate Positions in his Anti-Parliamentary paper of Hopes and Feares about calling a Parliament An. 1627. That Church-businesse is not fit for Parliaments That the Parliament House one or both can be no competent Iudge in any point of Doctrine That the Papists insult over us by this meanes and call it Parliamentary Religion That the King suffers by this as much or more than the Church For in the Statute of submission of the Clergie the King and the Convocation are Judges of all Ecclesiasticall Causes An. 25 H. 8. c. 19. And why should the Parliament take this from either That he should have little hope of good successe in Parliament till they leave medling with the Church Are all dangerous false Positions exceeding derogatory and destructive to the indubitable ancient Rights priviledges and power of our Parliaments constantly exercised and enjoyed without dispute even in the darkest times of Popery and highest Ruffe of Pope of Prelates and ever since the Reformation admitted without any opposition but by Popish Priests and Iesuits as the forequoted passages of Bishop Jewell and Bishop Bilson withall the premises manifest Secondly That Master John Goodwins late printed passages against the Ecclesiastical jurisdiction of Parliaments seconded in substance by some other Independents viz. That the generality and promiscuous multitude of the world who have a right of nominating persons to Parliamentary trust and power are but a SECVLAR ROOT
no collections when I come and the very words import Therefore it can be no president for an ordinary constant unalterable universall Church-government and discipline established in all Churches 5ly Which takes of all and turnes its edg against my Brother It is must be confessed that this is no binding precept nor president in point of collections themselves much lesse then in other things For 〈◊〉 demand of my Brother 1. Whether this text did simply bind all the Corinthians to a weekely preparatory contribution towards the poore Brethrens necessities that were in Jerusalem so as they might not deny or vary from it it being rather a bare advise then a peremptory precept a meere voluntary charitable action as is cleare by comparing it with Act. 13 28. 29. 30. Rom. 15. 25. 26. 2 Cor. 8. 9. 1. to 15. especially v. 7. Every man according as he hath purposed in his heart so let him give not grudgingly as of necessity for God loveth a cheareful giver 2. Whether they were necessarily tied to make privat contributions only on the first day of the week no other or had they not a liberty notwithstanding this order to do it on any other week day as wel as on the first or every day or every fortnight or 10. dayes if they pleased as their particular occasions and conditions administred abillity or opportunity for such a charitable worke 3ly Whether this prescript forme of collection admitting it obligatory during this occasion did bind any Church but this of Corinth and those of Galatia only or whether it obliged all other Churches then or simply binds all Churches now to this forme of preparatory or privat contributions or not If you say no then you yeeld the cause since this president binds no Churches now to any punctuall imitation Therefore it is no proofe at all for any one divine universall unvariable forme of Church-government and discipline in all ages prescribed by Scripture If you say yea then all Christians Congregations in the world your Independent to offend against this the Apostles divine institution in not retaining this form of privat collections by segregating something for the use of the poore Saiâ—ts on every Lords day or weekly in suffering publique gatherings for the poore in Churches on Lecture dayes or week-day fasts whereas these were no such collections but only laying somthing up in private by way of preparatory Charity against the Apostles comming who would then receive every mans particular Charity by itselfe and not trouble them with any publike collections In one word No Churches nor Independent Congregations hold themselves strictly obliged to this forme of collection which was not publique but private every man by himselfe but all hould they may with safe conscience vary from it Therefore if this collection be a part of Church-government or Discipline under the Gospell as you make it this Government Disciplin is both mutable and arbitrable in this particular and so by consequence in others to as occasions and conditions of the Church do vary Your third Text of Acts 14. 23. When they had ordained them Elders in every Church proves nothing for what you alledge it For first it extends not to all Churches then planted in the World but onely to every Church in Derbie Lystra Iconium Antioch to which every Church relates as is cleare by comparing it with the three preceding and following verses whence the Argument from this Text can be but this The Apostles ordained Elders in every Church at Derbe Lystra Iconium and Antioch and so in every City in Creete Tit. 1. 5. Ergo in all Churches throughout the world Which is no infallible inference They might do it in all or most Cities where the Congregations were great yet not in Villages or lesser places where the number of Beleevers was but small Secondly This proues there were Elders ordained by the Apostles in many if not most Churches But yet it concludes not infallibly that there must of necessity bee Elders ordained by those who are no Apostles in all Churches There were such Elders then Ergo there must of necessity be such now in every Church unlesse there be a direct precept enjoyning them for perpetuity is no infallible Argument Thirdly Admit it generall and binding unto all yet this proves onely that there ought by Apostolicall president and institution to be Elders not one but more in all Churches what then becomes of some of your Independent Churches which have none as Master Simsons had none in Holland and as no new Independent Churches in or about London had when they were first gathered These certainly were no true Churches of Christ by this rule because they wanted Elders Fourthly This Text speakes onely in the generall that they ordained Elders in every Church But what sort of Elders they were Ruling or Preaching Elders onely or such who did both Rule and Preach or in what manner they were ordained whether by lifting up of hands onely to chuse them and no more or by laying hands upon them or by the Apostles owne imposition of hands only as Apostles or joyning with others as ordinary Ministers or in any other form is not expressed So that this Text onely informes us that there were Elders ordained in every Church but determines nothing of their office or in what manner or form they were ordained Therefore it concludes nothing for any exact compleat unalterable universall forme of Church-government in all particulars prescribed to all Churches ordaining of Elders being onely one part of Church-government not the whol no part of Discipline that left very indefinitely in respect of the manner and forme which the Scripture hath not by any direct precept or president reduced to an unalterable certainty but rather left Arbitrary and indefinite as will appeare by comparing Num. 8. 10. Acts 1 23. 24. 25. 26. c. 6. 5. 6. c. 14. 23. 1 Cor. 4. 14. c. 5. 17. 22. 2 Tim. 1. 6. 1 Tim. 4. 14. Tit. 1. 5. It being a great Controversie at this day whether imposition of hands be now simply necessary in the ordination of Presbyters Deacons or Lay-Elders or whether it be but an arbitrary ceremony which may be omitted without prejudice if there be cause whether it belonged to the Apostles onely as Apostles or as Presbyters whether it be appropriated to Preaching Elders onely as such or to ruling Elders as well as they or to the whol Church or Congregation and such as they shall appoint Or to Arch-bishops and Bishops only as such as many held of late though now that question is out of date So as neither of these Texts in severall nor any nor all three of them conjoyned prove any such conclusion or universall set forme of Church-government and Discipline for all Churches as is pretended My Brothers 4. Objection is The every particular Congregation is a compleate intire absolute spirituall Republike Corporation Body and City of God of it self
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 Paâ—â—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 populâ— 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 theâ—â— 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 schiâ—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 Vsuâ—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 Parâ—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.
things to make good his Argument 1. That if there were no other particular Church in the world then one as that of Abrahams family should it not be a compleat Church untill there were other Churches on whose jurisdiction it should depend I answer yes But this is not the case nor question We in our Realme blessed be God have in all parts not only one particular christian family church but many thousand Parochiall Churches Congregations as our very Almanacks as well as Cosmographers will informe you What then Brother will you inferre from this sole Church in Abrahams family to our Churches now Will you argue Abraham in his dayes had a compleat absolute Independent Church in his own family onely Ergo now there ought to be such an Independent absolute Church in every family at least where there is a sufficient number requisite to make up a ministeriall body as you interpret it what then will become of your congregationall Churches and our Parochial consisting of many great families they must by this new Doctrine divide themselves presently into so many families or Independent Churches as there are great families in them and then I hope the Master of the family onely not an Independent Minister must be their Paster and Ruler as Abraham was in his and then farewell the office of Minister which some of your Lay Elders exercise without scruple denying the very calling of Ministers and all our Churches too Brother will you argue thus Adam was a compleat and absolute man alone therefore he needed not a helper or wife or family to be joyned to him Suppose you should take a single person who formerly lived alone by and of himselfe without relation to or communion with any other men like a Popish Hermite or Anchorite into your family Church or incorporate him into this City or any company in it will you say that because this man was absolute and under no command at first Ergo he must continue so still in your family Church this City and his company and neither you nor any of them may or can of right enact any thing to controle him I trow not When there were only single Families living remote from others in the world they were absolute and compleate Churches Republikes of themselves but when these single families multiplyed and combined themselves into Villages Cities Provinces Republikes Kingdomes they thereby lost their pristine liberty absolutenesse independencie compleatnesse and of intire small bodies Churches Republikes became onely parts and members of those larger ones to which they were thus combined So it is with particular Mother Churches when there was but one particular Church in the world or in one State or Kingdome the case of all the first Churches planted by the Apostles without any Neighbour Churches to combine with this Church being under no superiour Christian Magistrates was absolute and independent in it selfe there being no other Church to joyne with But if this one Church through the encrease of Christians shall swell so great as to spread it selfe over all the City or Republike wherein it is and so upon necessity must divide it selfe into sundry particular Congregations then all these Churches being under one and the selfe-same Republike and united together under one supreame Civill Magistrate as members of the same Nation Kingdom City Republike and of the self-same nationall or Provinciall Church doe thereupon lose their absolutenes and Independency and become subject to the Power Lawes Canons Determinations Government and Discipline of the whole Nationall Church and Kingdome of which they are but members which to preserve publike peace unity order amity ought constantly to be governed by the self-same generall Ecclesiasticall Lawes setled by the common consent of all their severall National Synods and Parliaments as Civill Lawes are which oblige all But this saith my Brother in the second place takes away the lawfull Jurisdiction and rights of particular Churches Ergo it is not to be admitted I answer first By the like reason you may argue the joyning of many particular persons into one family of divers families into one Parish of sundry Parishes into one City of divers Citie into one State of sundry States and Kingdomes into one Monarchy or Empire of divers Companies and Regiments into one Army of sundry Knights Citizens Burgessâ—â— and Peeres into one Parliament and many Ministers into one Synod deprives them of their Independency their particular Rights Interests and subjects them to a new superiour power Iurisdiction command and to their publicke Lawes and Ordinances Ergo it is unlawfull intollerable and such Corporations Republicks Kingdomes Empires Parliaments Synods ought not to be If this be a good consequence you will subvert all humane Societies Corporations Republicks Synods Parliaments Independent Churches and Families to by like reason â— This takes not away the lawfull rights of particular Congregations but rather improves them for their owne particular and the publick good for Brother I pray informe me which is best of the two for a particular Church or Corporation to be subject only to such Lawes Rules Government and Discipline as shall be made decreed declared most agreeable to the Word of God and fit to be generally received in all Churches by an whole Parliament and Assembly of the most wise ablest and best experienced Christians Nobles Divines after long debate and consideration or by the private rash Opinions and perchance passions humours of two or three private persons perhaps directed swayed by particuler interests relations ends Which is justest safest or most remote from Tyrannicall Arbitrary and Papall Government for Churches States Persons to be all confined to certaine publicke Lawes and Canons enacted by common consent in Parliament limiting who shall be admitted to who secluded from the Congregation Sacrament communion of Saints c. and for what causes offences in certaine c. then to be left Arbitrary to the meer mercy wills determinations of the Ministers and Elders of every particular Congregation or to the pleasures of Princes or some few temporall Magistrates without any Lawes or limits to restrain them We all hold it the greatest happinesse freedome of our Kingdom and the chiefest part of our Priviledge which we enjoy as free-men of England That we neither may nor can be legally bound by any Lawes Canons Taxes or Commands but only such as are made and imposed on us by full consent in Parliament and not subject to the meere Arbitrary Lawes Ordinances wills commands of our Princes Magistrates Iudges Prelates or any other private men And shall it be then held the slavery injury and not rather the liberty or priviledge of particular Churches and their members to be subject only to such Ecclesiasticall Rules Canons Orders Covenants Government and Discipline as shall be publickly agreed on consented to and setled in Parliament to which all Churches Christians shall be equally obliged without exemption then to be left at six and