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

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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. ● 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 P●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 r●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 VVi●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-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 HERETIQVES limiting the maner of proceeding against them defining what shal be heresie how it shall be punished and abridging the Authority of the Bishops and Canon Law ch 16. concernes Pluralities ch 19. containes the submission of the Clergy Convocation to the King declares the Kings supremacy in
Edward the 6. his Reigne are most punctuall and pegnant evidences hereof as namely 1. Edw. 6. ch 11. For administring the Sacrament in both kindes therein proved necessary by sundry Texts of Scripture and punishing such persons as shall unreverently speake against the Sacrament with Temporall and Ecclesiasticall censures ch 2. concerning the election and creation of Bishops by the Kings Letters Patents and what Processe and Seales they shall use declaring that they have no Ecclesiasticall jurisdiction but meerely from the King ch 9. For uniting certaine Churches within the City of Yorke ch 12. which abolisheth Sanctuaries and Clergy in some cases 2. and 3. E. 6. ch 1. For the Vniformity of service and the administration of the Sacraments throughout the Realme ch 13. For the true payment of Tythes ch 19. For abstinence from flesh ch 20. Concerning Recusants ch 23. For positive Lawes made against the Mariage of Priests ch 23. The repeale of a Statute touching Precontracts of Mariage 3. and 4. E. 6. ch 10. For the abolishing and putting away of diverse superstitious Popish Books and Images chap. 11. That the Kings Majesty may nominate and appoint 32. persons halfe Clergy-men and halfe Laymen to peruse and make Ecclesiasticall Lawes ch 12. For the manner of Ordaining Ecclesiasticall Ministers and Consecrating Bishops ch 15. Against fond and phantasticall Prophecies 5. and 6. E. 6. ch 1. For the uniformity of Common Prayer and administration of the Sacraments ch 3. For the keeping of Holy-dayes and Fasting dayes ch 4. Against fighting and quarelling in Churches and Church-Yards ch 12. For the lawfulnesse of Priests Mariage and legitimation of their children chap. 13. Touching Religious persons and c. 23. Against Vsurie All these are clearely Ecclesiasticall Acts yet made by Parliament The Statutes in Queene Maries Reigne though of a different Religion from her brother and a zealous Pontifician sufficiently evidence the jurisdiction of our Princes and Parliaments in matters of the Church and Religion witnesse 1. Mar. Parl. 1. Ses 2. Chap. 2. Repealing diverse acts-made touching Religion in King Edward the 6. his Raigne and setting up Masse and the old Lyturgies againe chap. 2. Against Offendors of Preachers and other Ministers in the Church or Church-Yard or interrupting them in their Sermons or saying Masse under paine of imprisonment fines and Ecclesiasticall censures chap. 15. For re-edifying the parish Church of Saint Ellins in Stangate 1. Mariae Par. 2. c. 1. Declaring That the Regall power of this Realme is in the Queenes Majesty as fully and absolutely as ever it was in any of her most Noble Progenitors Kings of this Realme chap. 3. Being an Act of Repeale of two severall acts in the 7. yeare of King Edward the 6. touching the dissolution of the Bishoprick of Durham Chap. 9. Touching Ordinances Rules c. in Cathedrall Churches and Schooles c. 10. Repealing a statute for the uniting of the parish Churches of Onger and Greensted in the County of Essex 1. and 2. Phil. and Mary chap. 6. For the reviving of three Statutes made for the punishment Of Heresies and that with forseiture of Lands imprisonment and death in some cases chap. 8. Intituled an Act repealing all Statutes Articles and provisions made against the See Apostolike of Rome since the 20. yeare of King H. 8. and restoring the Bishops with their Courts offices the Pope himselfe to their former usurped jurisdictions in England ratifying this Popes very Bulles and dispensations to make them valid and setling the whole affaires of the Church of England chap. 9. 20. For the punishing of traiterous Sermons and Prayers against the Queene chap. 17. Concerning leases of some spirituall persons and 2. and 3. Phil. and Mary chap. 4. For the extinguishment of first fruits c. All Ecclesiasticall Statutes In Queen Elizabeths happy Raigne there are sundry Statutes abundantly manifesting her own and the Parliaments supreame Iurisdictions and Legislative power in matters of Religion Church-government Discipline c. as namely 1 Eliz. c. 1. An Act restoring to the Crowne the ancient Jurisdiction OVER THE STATE ECCLESIASTICALL SPIRITVALL and abolishing all fortaigne power repugnant to the same which gives the Queen her heires and successors all manner of Ecclesiasticall Iurisdiction in and over all Ecclesiasticall persons and causes and power to correct redresse and reform all manner of HERESIE SCHISME ERRORS ABVSES OFFENCES ECCLESIASTICALL prescribes the oath of Supremacy which all are to take and most Independents have formerly taken wherein they do utterly testifie and declare in their consciences that the Queen and her Successours are the onely supreame Governours of this Realme and other their Dommions as well IN ALL SPIRITVALL OR ECCLESIASTICALL THINGS OR CAVSES as temporall c. which jurisdiction of theirs they sweare to their power to assist and defend Which oath if any refuse to take hee shall forseit all his Ecclesiasticall promotions and temporall offices This Act likewise abolisheth the Popes jurisdiction under pain of a praemunire and other mulcts against the maintainers of it It determines what shall be adjudged HERESIE and what not namely Only such matter and cause as heretofore hath been determined ordered and adjudged to be heresie by the authority of the Canonicall Scriptures o● by the first foure generall-Councels or any of them or by any other generall Councell wherein the same was declared heresie by the expresse and plain words of the Canonicall Scripture or such as hereafter shall be ordered IVDGED OR DETERMINED TO BE HERESIE BY THE HIGH COVRT OF PARLIAMENT OF THIS REALME with the assent of the Clergy in their Convocation to wit by way of assistance and advice cumulatively not negatively as if their assent were simply necessary So as by this Act the Parliament is made the sole proper Iudge what is or shal be reputed punished as heresie what not how it shal be punished the highest point of Ecclesiasticall jurisdiction Ch. 2. For the uniformity of Common prayer and service in the Church and administration of the Sacraments enjoyning conformity under temporall and Ecclesiasticall punishments is an irrefragable proofe of the Parliaments Ecclesiasticall power in all Church matters and 1 Eliz. c. 3. 4. 6. 5 Eliz. c. 1. For the assurance of the Queens royall power over all States and Subjects within her Highnesse Dominions ch 23. For the due executing of Writs de Excommunicato capiendo ch 28. For translating of the Bible and divine Service into the Welch tongue 8 Eliz. c. 1. Declaring the manner of making and Corsecrating the Archbishops Bishops and Ministers of this Realm to be good lawfull and perfect ratifying the Booke of common Prayer and of Ordination together with the Queens Soveraigne Ecclesiasticall Authority 13 Eliz. c. 2. Against the bringing in and putting in execution of Bulls and other instruments of the See of Rome chap. 8. Against Usury ch 19. concerning Dilapidations c. 12. To reforme certain disorders touching Ministers of the Church ratifying the 39.
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
TRVTH TRIVMPHING OVER FALSHOOD ANTIQVITY Over NOVELTY OR The First Part of A just and seasonable Vindication of the undoubted Ecclesiasticall Iurisdiction Right Legislative Coercive Power of Christian Emperors Kings Magistrates Parliaments in all matters of Religion Church-Government Discipline Ceremonies Manners Summoning of Presiding Moderating in Councells Synods and ratifying their Canons Determinations Decrees As likewise of Lay-mens right both to sit and vote in Councells here proved to be anciently and in truth none other but Parliaments especially in England both by Scripture Texts Presidents of all sorts and the constant uninterrupted Practices Examples of the most eminent Emperors Princes Councells Parliaments Churches and Christian States especially of our owne in all ages since their embracing the Gospell In Refutation of M r. Iohn Goodwins Innocencies Triumph My deare brother Burtons Vindication of Churches commonly called Independent And of all Anti-Monarchicall Anti-Parliamentall Anti-Synodicall and Anarchicall Paradoxes of Papists Prelates Anabaptists Arminians Socinians Brownists or Independents Whose old and new Objections to the contrary are here fully answered By William Prynne of Lincolnes Inne Esquire Jer. 6. 16. Thus saith the Lord Stand yee in the wayes and see and aske for the OLD PATHES where is the GOOD WAY and walk therein and yee shall find rest for your soules But they said Wee will not walke therein Luk. 5. 39. No man also having drunk OLD WINE straightway desireth NEW for he saith THE OLD IS BETTER Tertul. de Praescrip adver Haeres Ex ipso ordine manifestatur id esse Dominicum Verum quod sit priùs traditum id autem Extraneum Falsum quod sit posterius immissum Decem. 3. 1644. It is Ordered by the Committee of the House of Commons concerning Printing that this Book entituled Truth Triumphing over Falshood Antiquity over Novelty be printed by Mich. Sparke Senior John White London Printed by John Dawson and are to be sold by Michael Sparke Senior 1645. TO THE HIGH COVRT OF PARLIAMENT Right Honourable HAving had the Honour through Gods assistance to be a meane though cordiall Instrument of Vindicating The Soveraigne Power of Parliaments and Kingdomes in all Civill or Military affaires which concerne the State in Foure severall Volumes against all Opposites whatsoeever which they have for the most part satisfied or put to silence I expected a Quietus est from all other Controversies concerning the Iurisdiction of Parliaments especially in Ecclesiasticall matters which most imagined had been put to eternall silence when our Lordly Prelates lost their Votes and Session in Parliament by a publike Law But alas I know not by what evill Genius and Pythagorean Metempsychosis the Anti-Parliamentary Soules formerly dwelling in our defunct Prelates earthly Tabernacles are transmigrated into and revived in a New-Generation of men started up of late among us commonly known by the Name of INDEPENDENTS who though for the most part really cordiall in their Affections Actions to the Parliament and Church of England for which and for their piety they are to bee highly honoured yet some of them are of late become extremely derogatory and destructive unto both in their Anarchicall and Anti-Parliamentary Positions For which and for their late gathering of Independent Churches contrary to Your Parliamentary Injunctions they are to be justly blamed as great disturbers of our publike Peace and Vnity It is the observation of learned Voetius and Vedelius That the Arminians in the Netherlands for the advancing of their owne Faction and more facill accomplishment of their private ill Designes did before the Synod of Dort and in the beginning thereof exceedingly cry up the Power of the Civill Magistrate and States of Holland in Ecclesiasticall matters both by Writing and Preaching ascribing to them the highest Jurisdiction and Power of giving ultimate Judgement in all Controversies of Faith and Ecclesiasticall matters arising in the Church as a Prerogative belonging immediately under Christ to them alone And thereupon they appealed to the States from the Ecclesiasticall Classes as the proper Iudges of the Controversies they had raised in the Belgick Churches But at last after the Synod of Dort had determined against their Arminian Errors and the States established their Determinations prohibiting the Preaching or Printing of any Arminian Tenets with the private Independent Congregations and Conventicles of the Arminian Party they presently altered both their opinions and practice crying downe the Authority of the States and Civill Magistrate as fast as they had cryed it up both in their Apologies and Sermons contracting yea denying them that very power which before they had so liberally measured ●ut unto them affirming that the States had no power at all over their private Congregations that it was not any right or part of their Office to obliege men by their authorities to the Decrees of Synods however agreeable to the word of God and that they ought not to use any coactive Power or Authority in such cases to obliege them to conformity This Practice of the Arminians was by M r Thomas Edwards by way of prediction applied to the Independents in these very tearmes And it may be feared however these Apologists NOW to ingratiate themselves and being let alone in their Church-way say they give more to the Magistrates than the Presbyteriall and that they professe to submit and to be most willing to have recourse to the Magistrates Iudgement and Cognizance and Examination of Ecclesiasticall Causes yet when they shall come once to be crossed and the Parliament by the advice of the Assembly to settle the Government of the Church and by their Authority to bind them to things agreeable to the word wee shall see then what they will say of the Magistrates Power There are too many speeches already since the Assembly out of their feare how they may goe which have fallen from many Independents THAT PROGNOSTICATE THEY WILL DOE BY THE PARLIAMENT AS THE REMONSTRANTS DID AFTER THE SYNOD OF DORT BY THE STATES Which Prognostication hath fallen out accordingly For since that time our Independents having felt the Pulses of the Assembly and Parliament bearing but very gently by way of debate against their Anarchicall and Anomolous New-Way derived from their good friends the German Anabaptists and Separatists and supported only with their Arguments as I am fully able to demonstrate they have not only in Presse and Pulpit cryed up their Way as the Onely Way Kingdome and Scepter of Christ and denyed all opposition in word deed or thought against it as a direct FIGHTING AGAINST GOD and promoted it publikely and privately with all their Industry Policy Power setting up New Independent Congregations in every corner but even with open mouth pen hand contrary to their former Solemne Vowes Covenants Protestations which I feare they have over-much forgotten cryed downe and fought against the very Ecclesiasticall Power and Legislative Authority of the High Court of Parliament it self and Supreme Temporall Magistrates proclaiming
Emperors Edict that they should reason of the faith and Arrian opinions in the hearing of Leonas a Layman of great authority and fame in the Emperours Court who was chief President in that Synod to order it who in the first day of its assembly commanded that every one should freely propose what pleased him best touching the questions of faith there controverted he and Laurocius Captaine of the Garrison in Isauria swaying that Councell ordering what they should treat of and how proceed Yea Constantius himselfe as Nicephorus records appointed both the Synods of Ariminum and Seleucia by his letters that they should first of all decide the controversie of the profession of the faith afterwards deliberate of other Ecclesiasticall sanctions and after that of those Bisho●s that had been wrongfully deposed or banished The second generall Councell at Constantinople was enjoyned by Theodosius the elder who called it to confirme the Decrees of the Councell of Nice and to deliberate upon whom the See of Constantinople then voyd should be conferred In the fourth generall Councell of Chalcedon Pulcheria the Empresse writes to Strategus Consul of Bithynia to have a 〈◊〉 that the Synod should observe all discipline and order without commotion or contention and in this Councell divers of the Emperors great temporall Officers and Senators of State sate as chief Moderators Governours Iudges ordering and directing the Bishops who did nothing but by their advice and permission according to the Emperor Martianus instructions in his Oration in and to that Synod and his Epistles to Count Elpidius In this Councell Dioscorus Juvenalis and Thalassius were condemned and put from their Bishopricks by the Lay-Iudges and many noble Senators presiding in it who used this speech in that Councell concerning the debates of faith We see that touching the right Catholike faith the next day wheron the Councell shall meet there must be had a more diligent examination When all matters were ended the Bishops and Councel remitted all their acts to the Emperours Majesty yea when the Senate and Emperor had concluded and published their Iudgements of the Councels determinations The Bishops of the East brake out into these acclamations Iust and right is the Iudgement Long life to the Senate many yeares to the Emperour acknowledging them the supream Iudges as well in Ecclesiasticall Causes and matters of Religion as in temporall affaires Whence the Emperour Theodosius writ thus to this Councell Because we know the most magnificent Florentius a Nobleman to be faithfull and approved in the right faith Therefore we will that he be present to heare the debates of the Synod because the Disputation is concerning matters of faith he being one of the Iudges in this Councell This Emperour Theodosius the better to bring his Churches unto unity then miserably distracted about matters of faith Commanded an assembly of the Bishops and best learned men to appeare before him and to write several confessions of their faith That himselfe might Iudge between them which faith was best Having received their writings he commanded publike prayers to be made and himself also prayed both publikely and in private that it would please God to assist him with his holy Spirit and to make him able to Iudge justly then he perused and considered each Confession assunder by it self and in conclusion alowed onely the Catholikes and condemned the confession written by the Arrians and Eumonians and tore them in pieces Theodosius the yonger sent his letters to Dioscorus the Patriark of Alexandria in this and in the second Councell of Ephesus with these words We decree that the most holy Bishops meeting together this vaine doubt may be discussed and the true Catholik Faith confirmed Therfore your Holinesse bringing ten of the most reverend Metropolitanes that be within your Province and ten other holy Bishops well accounted of for their learning and conversation shall hasten withall speed to meet the rest at Ephesus by the first of August next no Bishop besides the foresaid troubling the sacred Synod If any Bishop fayle to come to the place prefixed at the time appointed he shall have no excuse neither with God nor with us As for Bishop Theodoret whom we command to attend at home on his own Church we determine that he shall be none of our assembly unlesse the whole Councell thinke good to have him one But if any dissent We command that the Synod fit without him and dispatch those things which we have appointed them And in his second letters to the same Bishop Because we suspect that some of Nestorius favourers will do their best to be present at this Councell Therefore we thinke needfull to advertise you and the whole Synod that not onely in respect of Theodoret but of all others which have ought to do in your Councell we give you the preheminence and chiefe authority And those that adde or diminish any thing to or from the Nicene Fathers and the Fathers since that assembled at Ephesus We suffer them not to presume any thing in this sacred Synod but will have them subjected to your Judgement because we have appointed this Synod for that purpose And in the very same Councel he likewise commanded That those Bishops who not long before sate in judgement upon Eutiches should be present but silent and give no voices with the rest as Judges but expect the common determination of all the rest of the sacred Fathers And also commanded that they should neither say neither do any thing in the sacred Councell untill the right faith were considered Yea the Emperour Martian charged the 630. Bishops in this great Councell That none of them should dare dispute of the Nativity of our Lord and Saviour Christ otherwise that the 318. Fathers of Nice determined And in the same Councell Eusebius Bishop of Dorilaeum put up a supplication to the Emperours Martian and Valentinian against Dioscorus Patriarke of Alexandria with these words In most humble wise we beseech your Majestie that you will command the Reverend Bishop Dioscorus to answer to those things that we lay to his charge for confirming a wicked heresie and deposing us unjustly directing your sacred Precept to an oecumenicall Councel of Bishops to hear the matter between us and the said Dioscorus and then to certifie your Majesties of the whole cause that you may doe therein what shall please your Graces Iustinian the Emperor limited the fift generall Councell of Constantinople and the Bishops in it how they should proceed and what they should treat of to wit of the three Chapters by his letters to them and they there accord what the Emperor did specially command them to doe Constantius Pogonatus prescribed the sixt generall Councell of Constantinople called by him to handle and define the Chapter delivered to them by his appointment and to prove the same by holy generall Synods and Fathers yea himselfe sate President in that Councell and directed
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
from Laity and Clergy Protestants of all sorts as well Presbyterians a● 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 juri●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 ●●●ding his Antagonist An●●gonist answering thereunto just as some Independen●● 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 pla●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 Father● 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 El●●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
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 A●ch●uses and using any sorvile worke on the SABOTH-DAY Iam. 4. parl 6. c. 83. Iam 6. parl 6 c. 70● parl ●4 c. 148 against Apostacy Idolatry Masse the Pope Semeniary Priests Iesuites uncommunicants Popery as Iam. 8. parl 1. c. ● 3 5. parl 3. c. 1. 45 46. 55. parl 4. c. 7 8. 35 parl● 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 Majestat●● 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