c. Levit. 8. 3 4 5 c. c. 19. 2. Deut. 29. 2 3. c. 31. 2 3 c. 28. 29. 30 c. Of Joshua c. 8. 33 35. c. 22. 11 to 34. c. 23. 2 to 16. c. 24. 1 to 29. Of the chiefe Magistrates of the Israelites Judg. 20. 1 to 12. Of David King of Israel 1 Chron. 13. 1 to 6. c. 28. 1 2 3. c. 29. 1. to 26. Of King Solomon 1 King 8. 1 2 3. c. 2 Chron. 5. 2. c. Of King Asa 2 Chron. 15. 8 to 16. Of Jehoshaphat 2 Chron. 20. 3 4 5. c. Of Jehojada 2 Chron. 23. 1 to 20. Of King Joash 2 Chron. 24. 4 to 15. Of King Hezekiah 2 Chron. 30. 1 to 27. c. 31 1 to 5. Of King Josiah 2 Chron. 34. 29 to the end c. 35. 1 to 20. Of Nehemiah c. 8. 1. to 18. c. 9. 1 c. Of Mordecai and Esther Esth 9. 17 to 32. And in defect of Christian Kings and Magistrates the Apostles and whole Church by mutuall consent assembled together in a Synod Acts 6. 15. as the high-Priests Scribes and Elders met together and assembled in their Sanhedrim by temporall authority Matth. 26. 57. c. 27. 1. Mark 14. 51. 55. c. 15. 1. Luk. 22. 66. Acts 4. 5 6 7. c. 5. 21. to 42. c. 6. 12. c. 22. 30. c. 23. 1. 2. For forraigne historicall authorities in all ages and Churches of note Socrates Scholasticus records That since the Emperours were first christian the State of the Church hath hanged on them and the greatest Councels have been and be kept by their advice yea by their summons writs and edicts The first famous generall Councell of Nice was called by Constantine the great the first Christian Emperour Eusebius writes that Constantine not the Pope gathered this generall Councell and by honourable Writs called together the Bishops on every side that they should hasten thither Theodoret This great and holy Councell was gathered to Nicaea by the grace of God and by the godly Emperour Constantine Cassiodore That the zeale of the Prince raised up that most famous Councell at Nicaea who commanded the Bishops and their attendants to come to the Synod on publike Asses Mules and Horses which he provided for them Nicephorus Callisthus That Constantine promulged that most famous Synod of Nice in Bithynia and by his Letters summoned thither the Bishops of all places by a set day and among the rest Pope Julius who by reason of his decrepite age sent Vitus his Presbyter for his Proxie The like writes Sozomen in the same words The Councell of Rome under Pope Meltiades was convented by the same Constantines Writ and here saith Eusebius is a copy of the Emperours Writ whereby he commanded a Councell of Bishops to be kept at Rome And Saint Hieroni To stay certaine Ecclesiasticall dissentions the Emperours writs caused as well the Bishops of the East as of the West to draw to Rome Yea the Councell of Orleance in France and that of Tyrus removed from thence to Ierusalem by the Emperours Letters were both summoned by Constantines Writs The second generall Councell of Constantinople was called by Theodosius the elder the Emperour write Theodoret Sozomen and Nicephorus commanded a Synod of Bishops to meet together in one place out of the provinces of his Empire to confirme the Decrees of the Nicene Councell and the Bishops therein wrote thus to the Emperour We are come to Constantinople by your Majesties commission The third generall Councell at Ephesus was congregated by the younger Theodosius Ex edicto pietatis studiosissimorum Imperatorum sanctum universale concilium Ephesi coactum writes Evagrius with Laurentius Surius and the Bishops themselves in the prologue thereof Cum ex pio edicto coacti essemus in Ephesiorum Metropoli And so farre was Pope Leo from conceiving the right of calling Councels to belong to him that he besought the Emperour Theodosius by an Epistle in these words We beseech your godly Majesty to grant our supplication that you would command a Councell of Bishops to be holden within Italy which Epistle not prevailing he writes another to him in these words All our Churches and all our Priests beseech your Clemencie with sobs and teares that you will command a generall Councell to be held within Italy which yet he denied to grant and summoned the same at Ephesus notwithstanding these intreaties After which this same Pope intreated the Emperour Martianus that it would please his Majestie to command a general Councell and writ to the Clergy and people of Constantinople to make suit with discreet and humble prayer that our most gracious Emperour would vouchsafe to grant our request in that we have desired a generall Councell Yea St Chrysostom being requested to do the like writes thus to Pope Innocent We went in and most humbly besought the most Christian Prince to call a Councell In like manner Sozomen records that the Arrians besought the Emperour Constantius to command a Councell to be holden at Antioch and after this intreated him to summon another Councell at Millain and that the Catholikes sent Hypatianus their Ambassadour to intreat the Emperour that to redresse certaine errours they might have leave to meet together So farre were they from redressing new errours much more then from framing printing Articles Canons Constitutions Oaths and imposing new Rites and Ceremonies as our Bishops lately did in their Episcopall Visitations that they durst not attempt to decree any thing positively against them without the Emperours speciall licence first obtained no not in a publike Councell much lesse in a private Consistorie But to proceed with generall Councels the fourth generall Councell at Chalcedon was assembled by the Emperours Valentinian and Martian Facta est Synodus ex decreto piissimorum ac fidelium Imperatorum Martiani Valentiniani saith the first Action of that Councell This Councell was first summoned by these Emperours to be held at Nice by severall Writs sent by them both to Pope Leo himselfe who was cited thereunto and sent his Proxie thither and to Anatolius Bishop of Constantinople with other Writs to the holy Bishops in all places recorded by Surius where they appearing at the day prefixed they sent two other Writs unto them to remove them from thence to Chalcedon because they could not be present at Nicaea whereupon the holy and universall Councell came together at Chalcedon secundum sacram praeceptionem according to their sacred command The fifth generall Councell at Constantinople was called by the Emperour Justinian Imperator Justinianus sanctam quintam synodum Oecumenicam Episcopis ecclesiarum omnium evocatis coegit writes Nicephorus and Justinian himselfe in his Letters to that Synod recorded by Surius recites that the Councell of Nice was congregated by Constantine the first Councell of Constantinople by Theodosius the elder the
Controversia 3 de Conciâ—â—s Quaest 2. p. 577. to 585. Doctor Willets Synopsis Papismi Controversi 3. Concerning generall Councels Quaestion 2. Doctor John White his way to the true Church sect 29. n. 28. p. 111. Master Rogers his Analysis on the 21. Article Proposition 1. with sundry others whom I pretermit subscribe and justifie this truth against all Romish opposites And if these be not sufficient all the Reformed Churches in their several confessions registred in the Harmony of confessions cited by Master Rogers in his Analysis of the 21 Article with the whole Classe of their learned Writers unanimously resolve That the power of calling Councels Convocations Synods belongs not to Popes or Prelates but only to Christian Emperors Kings Princes and other chief temporall Magistrates which our late famous King James in the last place in his Letters Patents prefixed before the Canons and Ecclesiasticall Constitutions made in Convocation Anno 1603. ratifies to the full affirming that the Synod and Convocation at that time held was and ought to bee summoned and called only by vertue of his royall Writ The like is affirmed by our present Soveraigne King Charles in his Declaration before the 39. Articles and in his Patents Commissions licenses for making the last new Canons 1640. and resolved in the first Canon thereof From this 1. Proposition thus plentifully ratified by uncontrolable Presidents and publike Authorities of whole Synods Parliaments States in all ages which infinitely over-ballance the inconsiderable rash opinions of any private men I shall deduce these Consectaries 1. That the chiefest care of defending propagating the true Religion suppressing errors haeresies schismes vices and enacting Laws Canons for this end for the Churches peace Government and advancement of Gods true Worship belongs to Christian Princes or supreme temporall Magistrates and is an essentiall part of their duty because the right and trust of calling Synods Councels upon all such occasions is thus originally vested in them 2. That Synods Councels are very useful necessary profitable to the Churches of Christ if rightly ordered else God himself all Christian kingdoms states Churches would not have invested Kings supream civill Magistrates with such a power of convening them nor all Christian Kings Emperors but made so frequent use of this their power not onely without opposition but even with publike approbation yea such hath been the necessity and expediency of Synods and Councels in all Christian Churches in all ages That the generall Councell of Nice An. 363 the Councell of Antioch Can. 20. the first Councell of Constantinople Can. 3. the Councel of Africke Can. 18. the Councell of Chalcedon Can. 19. the third Councell of Toledo under King Reccaredus An. 600. cap. 18. the fourth Councell of Toledo under King Sisenandus An. 6â—1 the Greeke Synods collected by Martin Bishop of Bracara cap. 18. the second Councell of Arelat Can. 2. the third at the same place Can. 1. and the fourth Can. 37. the second Synod of Towers Can. 1. the fifth Councell of Orleans cap. 11. the Councell of Hereford under King Egfred An. 670. the sixth Councell of Constantinople Can. 8. the Councell of Antricum Can. 7. the Councell of Mascon Can. 20. the Synod of Soissons under King Childeric the Councell under King Pepin at the Pallace of Vernis An. 755. cap. 4. the Councell of Paris under Lewis and Lothaire An. 829. the Councell of Meaux An. 845. cap. 32. yea the great Councell of Basill An. 1331. with sundry other Councels Decree that a Synod or Councell shall be kept twice or thrice or at the least once every yeare at a certaine time and place in every Province That all Bishops and others unlesse hindered by sicknesse or other inevitable occasions should be present at it and not depart from it till all businesses were ended and the Councell determined under paine of Excommunication that none should interrupt not keep back any necessary members from them Therefore certainly they are both expedient and necessary for the Church not uselesse antichristian diabolicall and pernicious to the Church as some Papists Arminians Socinians hertofore and Independents now scandalously ignorantly if not maliciously deeme them Sect. 2. THat Bishops and Clergie-men when assembled in Councels Synods and Convocations by Christian Princes and Magistrates have alwayes been limited and directed by them not onely for the time and place of their meeting but likewise for the manner and matter of their debates and proceedings having no power liberty to debate or determine any thing but what was first prescribed them by their summoners or by their speciall Licence first obtained With a touch of Princes and Laymens presiding judging voting in Synods and Councels Secondly As Bishops and Clergy-men cannot summon Councels or Convocations not yet assembled together in them but by the Princes and supreme temporall Magistrates authority who alwayes appointed both the time and place of their meeting continuance and dissolution as all ages Authors attest so when they are lawfully met in Councels they cannot debate determine any points of faith nor yet frame any Ecclesiasticall Canons Lawes Constitutions in them but by the Princes or Magistrates licence direction that summoned them who have always both abroad and at home prescribed them either in generall or speciall termes what things they should debate treat of and conclude in their Synods confining them to such particulars for the determination and ordering whereof they were convened as well as to the time and place of their assembling This is evident by sundry Presidents The first famous generall Councell of Nice and the Bishops therein assembled were thus licensed and limited by Constantine the great who fate President in it as Eusebius with others manifest at large The Bishops assembled by him in the Synod of Tyrus were limited likewise by him how to proceed and what to treat of as appears by his letters to them wherein after he had exhorted them to peace and unity he chargeth them not to delay but to define the present controversies with al earnest endeavour within those fitting bounds he there prescribed telling them That he had sent Dionysius the Consull to admonish them of all things they were to do and who ought to be present at their Synod Maximè vero ut idem animadversor sit custos conservandae aequalitatis ordinis but especially that he should be an observer and keeper of that aequability and order which he had prescribed to be observed in that Synod The Bishops assembled by Constantius his Edict in the Councell of Ariminum most humbly requested his Majesty of his gracious favour and wonted clemency to grant them license and lawfull favour firmely to persevere in those things which their ancestors had decreed and that nothing might be diminished or added unto the old and ancient decrees In the Councell held at Seleucia summoned by Constantius precept it was commanded by this
it as he thought meet as the beginning and end of every action of that Councell manifests Praesidente eodem piissimo Christo dilecto magno Imperatore Constantino Constantinus piissimus Imperator dixit sufficit c. being frequent in it and many of his temporall Lords and Officers sate there as Iudges with him The seventh generall Idolatrous Councell of Nice was likewise regulated directed by the Letters of Constantine and Irene by Petronius the Proconsul Theophilus an Earle of the Emperours retinue and by Iohn his royall Porter and treasurer of his Army with other Senators who sate as chiefe Moderators in that Councell The eighth generall Councell was prescribed and directed how to proceed and what to treat of by the Emperour Basilius who caused his Princes Nobles to sit in that Councell as principall directors whose judgement the Popes Legates themselves in that Councell demanded himselfe sitting sometimes in person therein as chiefe President As all these generall Councels were thus regulated and directed by those Emperours that summoned them and debated concluded nothing but by their speciall license and direction so all other forecited Nationall and Provinciall Councels were likewise limited and directed by those Emperours and Kings that called them as the fore-alleaged quotations evidence at large to such as will peruse them many of these Emperours or their temporall deputies sitting personally in them as chiefe Presidents and Moderators The Bishops in the first Councell of Orleance Anno 500 write thus to King Clodoveus who summoned them Al the Priests which ye have summoned to the Councell and commanded to meet together to treat of necessary things secundum vestrae voluntatis consultationem ET TITULOS QVOS DEDISTIS according to the consultation of your pleasure and the Titles You have given us to consult of we have deferred those things which seeme meet to us so as if those things which we have concluded may likewise be approved to be right by your judgment the consent of so great a King and of a greater Lord may by his sentence and authority confirme the sentence of so many Clergy-men to be observed Lo here the King prescribes this Councell particularly in writing what Articles they should treat of In the severall Councell of Basil Florence Lateran Constans Sennes and Trent summoned by the Popes usurped authority the Emperours Kings Dukes and Princes who sent any Bishops to those Councels had their Embassadours and Agents though Lay-men present at them swaying and directing them as they thought meet though in some of them the Popes faction bare the greatest stroke as the severall Acts of these Councels testifie some of which made choice of those Princes for their Protectors against the Popes Tyrannie and usurpations which they limited decreeing a Councell to be above the Pope and he to be bound by its determinations as well as others some Popes being accused convented and deprived by them though they summoned them or rather were enforced to call them by the Emperours and other Princes against their wills To conclude with forraigne presidents the late famous Synod of Dort Anno 1618. was summoned by the Estates of the Netherlands who enacted certaine Lawes and prescribed Articles to the Synod according to which they should proceed appointing likewise divers Lay-men to sit in that Councel as their Delegates commanding and enjoining them and every of them in their name and in their authority to open the Synod and in all and singular Sessions and Actions to be present in their name so to compose and order all things with their prudence counsell and moderation which belonged to their inspection and care according to those speciall instructions they had given them and the Articles they had framed for the ordering and holding of that Synod which had power to treat of order or determine nothing but what they had commission and licence from the States In few words the famous Lawyer William Ranchin though a Papist resolves and proves at large in his Review of the Councell of Trent l. 3. c. 10. That it belongs to Emperours and Kings to prescribe not onely the place time beginning and ending but the very forme of Councels proceedings both in respect of persons matters to be debated and all other circumstances As for Lay-mens presence presidencie and Votes in Councels to give a little satisfaction herein in this Section it is evident by the fore-cited Texts in the old Testament and by Presidents in the New as Acts 6. 1. to 8. c. 15. 4. 9. 22. to 30. c. 16 4. c. 21. 22. That Lay-men were not onely present but had Votes and consents in the first Apostolicall Councels In the Councell of Ephesus Candidianus a Noble-man was appointed by the Emperour to hold the Fathers there assembled to the points proposed and to keepe every man in order giving the chief directions therein In the French Synod under Childerick and Charleman Anno 742. In the Synod of Soissons Anno 744. of Wormes Anno 787. of Meaux Anno 845. of Pistis Anno 863. of Tribur under King Arnulph of Paris under Philip Augustus An. 1179 and 1184. of Vezelay under Lawes the young of Paris under Philip the faire called against Boniface the 8. of Bourges under Charles the seventh which made the pragmatick sanction of Toledo 6. 8. 12. of Rome under Otho the first of Wormes under Henry the third in the Councell held in the South part of England An. 903. under King Edward and Raymond in the Councell of London under King Stephen An. 1150. these severall Kings together with their Barons Nobles and other Lay-men were present in all these Synods Councells as well as Clergie-men or Prelates and gave consenting confirming Votes to things debated concluded in them these Synods being in truth meere Parliaments as I shall hereafter manifest In the Councell of Constance there were present not onely the Emperour but divers Embassadours Nobles and Lay-men of great quality and condition to wit 24 Dukes 140 Earles divers Delegates of Cities and Corporations divers learned Lawyers and Burgesses of Vniversities who were not debarred from voices and power of deliberating therein In the first Councell of pisa there were present to the number of 400 Lay-men of note delegates of Cities Vniversities States Princes and Doctors of Law who not only deposed two Anti-popes and elected a third true Pope but likewise treated of points of Divinity and made many good ordinances for the Church of God In the second Councell of Pisa there were many such Delegates Doctors of Law and Lay-men well skilled in divine and humane matters In the first Councell of Nice there were present writes Socrates many very learned Lay-men and well skilled in disputation who puzzled great Philosophers in matters of dispute In the generall Councell at Reimes holden by Pope Eugenius the third there were a great company of Nobles as well as Bishops
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
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
the stability of the Realme A cleare evidence it was both a Parliament and Synod too Anno 824. There was another Synodall Assembly held at Clovesho under the same king Beornulfe and Wulfred Archbishop of Canterbury assidentibus Episcopis Abbatibus PRINCIPIBVS MERCIORVM VNIVERSIS MVLTI SAPIENTISSIMI VIRI CONGREGATI to determine certaine Controversies and settle the lands of the Church which they did accordingly the Acts of this Councell were subscribed by the king his Dukes Nobles as well as by the Bishops as you may see in the close of it Anno 833. there was a Councell held at London the 26 of May which is intiuled Concilium Pan-Anglicum a Cauncell of all England wherein were present Egbert King of West-Saxons and Withlasius King of Mercians both the Archbishops of England with the Bishops and Nobles In which they conâ—â—ted not onely of Church affaires but also about hindering the incursions of the Danes and confirmed divers Priviledges to the Abby of Crowland by a Charter granted by this King in this Councel subscribed by the King Dukes and other Laymen as well as by Bishops and Abbots Anno 838. I finde Concilium Pan-Anglicum held at Kingston wherein King Egbert and Ethelwolfe his Sonne sate Presidents together with Ceolueth Archbishop and the rest of the Bishops optimatibus Angliae and the chiefe men and Nobles at England wherein certain Charters of Lands given to the Church formerly accorded to by the Nobles were confirmed vnder pain of excommunication and curses to the infringers of them About which time Keneth king of Scots compiled and published certain Ecclesiasticall Lawes intermixed with temporall made in a Parliamentary Councell not an Episcopall Synod Anno 851. there was a Councell held at Kingsbury under Bertulph King of Mercia praesentibus Ceolnotho Dorobernensi Archiepiscopo caeterisque Regni Merciae Episcopis Magnatibus and another Councell at Benningdon under this King about the same year â Praelatis Proceribus Regni sub Bertolpho Rege In both these ample possessions and priviledges were granted to the Abbots and Monks of England Vnanimi consensu totius praesentis Cancilii pro Regni negotiis Congregati the Charters being subscribed by Dukes Lords and temporall Officers present in these Councels as well as by Bishops or Abbots An. 855. There was a generall Councel of all England held at Winchester Concilium Vâ—ntoniae Pan-anglicum 5. Nov Judic 4. celebratum praesentibus Aethelwulfo Rege Westsaxoniae Beorredo Rege Merciae Edmundo Rege East-Anglorum una cum Archiepiscopis Cantuariae Eborum caeterisque totius Angliae Episcopis Magnatibus in which King Aethelwulph by his royall Charter granted the tenth part of his lands and goods to the Church cum coxsilio Episcoporum ac Principum meorum Praesentibus subscribentibus Archiepiscopis Episcopis Angliae Vniversis reâ—non Beorredo Rege Merciae Edmundo Eastanglorum Rege Abbatum Abbatissarum Ducum Comitium Procerumquetotius terrae aliorumque fidelium infintia multitudine qui omnes Regium Chirographum landaverunt Dignitates vero sua nomina subscripserunt These Councels therefore were no other but Parliaments The Ecclesiasticall Lawes of king Alured Anno 887. were made in Parliament and not in a Synod of Bishops Ex Consulto Sapientum Atque in ipsis discernendis ego Alredus Occiden alium Saxonum Rex prudentâ—ssimeram è nostris confilio usus sum atque eis omnibus placuit edici eorum observationem saith the Praeface to his Lawes The Ecclesiasticall Lawes of Alured or Alfred and Guthurne were accorded in a Councell wherein these Kings and their people made a League King Edward the elder upon the letter of Pope Formosus congregavit Synodum SENATORVM PROCERVM POPVLORVM ET NOBILIVM Gent's Anglae in quae prasedebat Plegmundus Archiepiscopus Tum sibi Rex cum suis Plegmundus Archiepiscopus salubre consilium iniverunt and constituted and elected five Bishops in the Province of the Gevisi where there were but two Bishopricks formerly dividing those two Bishopricks into five by a Parliament not Synod The Ecclesiasticall Lawes of King Edward the elder and Guthurne An. 905. were made in Parliaments of the Lords and Commons not Synods of the Clergie as appeares by this Proeme Haec ea sunt SENATVS-CONSVLTA ac instituta quae primo Aluredus Guthurnus Reges deinde Edovardus Guthurnus Reges illis ipsis temporibus tulere cum Pacis foedus Daci Angli ferierunt ac sese mutuo anâ—plexi sunt quae postea a SAPIENTIBVS recitata saepius atque ad communem Regni utilitatem aucta atque amplificata sunt The Ecclesiasticall Lawes of King Aethelstan An. 928. were made in Parliament not in a Convocation as is evident by the temporall lawes mixed with them made at the same time and by chap. 9. Decreta cictaque sunt haec in celebri Gratanleano Concilio cui Wulfhelmus interfuit Archiepiscopus cum eo Optimates Sapientes ab Aethelstano evocati frequentissimi The Ecclesiasticall lawes of Hoel Dha the good King of all Wales about the yeare 940. were made not by the Ecclesiasticall persons onely but by the Laiety too hee summoning sex Laicos viros auctoritate scientia pollentes six Laymen potent in authority and Learning out of every County and then selecting out of them twelve Laicos doctissimos unum Clericum doctissimum qui vocabatur Blanguindus ad instituendas sibi leges usus c. 12. most learned Laymen and but one learned Clerke to compile Ecclesiasticall Lawes for him and his people The Ecclesiasticall Lawes of King Edmund Anno 944. were made in a Parliament at London as appeares by the temporall lawes joyned with them and by the Proocme Edmundus Rex ipso solenni Paschatis festo frequentem Londini tam Ecclesiasticorum quam LAICORVM caetum celebravit c. A sci entissimis Regni mei in celebri tam Ecclesiasticorum quam LAICORVM frequentia studiose requisivisse quo tandem pacto Christiana proveheretur fides Atque NOBIS OMNIBVS commodissimum visum est Edmundus Rex congregavit magnam Synodum Dei ordinis SECVLI apud London c. Ego Edmundus Rex mando praecipio omni populo seniorum ac juvenum qui in regione mea sunt ea quae investigans investigovi cum sapientibus Clericis LAICIS Anno 948. There was a Councell as well of Lords and great men as Bishops and Abbots held in London In festo Nativitatis beatae Mariae cum universi Magnates Regni per regium edictum summoniti tam Archiepiscopi Episcopi ac Abbate quam caeteri totius Regni Proceres Optimates Londoniis convenissent ad tractandum de negotiis publicis totius regni consummatis Omnibus the K. in this Parlia granted a large Charter of lands priviledges to the Abbey of Croyland this Councell therefore was certainly no other but a Parliament An. 952.
of Florentius Wigorniensis records Among other things it was there decreed that Priests should not from thence forth marry That no married man should be made a Priest and that those Priests who were married should be either devorced from their wives or deprived of their livings Iohn de Crema there alleaging That it was an unseemely thing for a Priest to rise up from the side of an Harlot so hee called Priests wives and to goe and to make the body of Christ The Priests being much incensed at these Constitutions and very angry with this Legate the chiefe Author of them knowing him to be a leacherous companion watched him so narrowly that the very same night these Canons were ratified though himselfe had that very day consecrated the Sacrament and so made the body of his Saviour as hee thought they tooke him in bedde with a notable Where In excuse of which falt of his which was very publike and notorious he said that hee himselfe was no Priest but a corrector of Priests hee might better have alleadged if his owne reason were good that hee did it after hee had consecrated and made Christs body not before it and so he departed privily 〈◊〉 of England with shame the Priests by this meanes keeping their Wives for a time alleaging that it was better for them to lye with their own Wives then with Where 's or other mens as this lecherous Legate did In the yeare of our Lord 1127. William Archbishop of Canterbury by King Henry the first his assent called a Councell at Saint Peters in Westminster of all the Bishops Abbots and religious Persons of England there flocked thither also * Magnae multitudines Cloricorum Laicorum tam divitum quam mediocrium factus est Conventus grandis et inestimabilis saith the Historian Something 's were there debated somethings determined some things adjourned some things by reason of the tumult of the raiging people cast out from the Audience of the Judges but those things which were there decreed and established in the Councell it selfe by the consent of the Bishops At they were there publikely Recited and received I thought good saith he to note in this manner Then he reites the Canons and constitutions of this Councell and conclude thus Auditis Concilii gestis consensum prebuit authoritate Regia et potestatate conceffit et confirmavit Staâ—ta Concili c. Having heard the Acts of the Councel read the K. assented to them and by his regall authority and power passed and confirmed the statuts or Canons of the Councell celebrated by William Archbishop of Canterbury and Legate of the holy Church of Rome at VVestminster Anno 1138. King Stephen on the fourth of Aprill held a Councell at Northampton in which â—urstlain Archbishop of Yorke was Prefident the Prelats Abbotts Earles Barons and all the Nobility of England being present at it The Bishoprick of Exeter then voyd by the death of William Warwast one Robert an Arch-deacon was elected Bishop of that See by the consent and suffrage of the Councell which likewise nominated and chose two Monks to be Abbotts of VVincelcombe and of Saint Maries in Yorke being then vacant The same yeare there was a Councell held at London wherein Theobald was chosen Arch-bishop of Canterbury Annuente Rege by the Kings consent Anno 1139. There was a Councell kept at VVinchester under Henry Bishop of VVinchester the Kings Brother and Legate to the Pope where Theobald Archbishop of Canterbury and all the Bishops there present ad pedes Regis devoluti sunt c. cast themselves downe at the Kings feet most devoutly and earn estly beseeching him to restore Roger Bishop of Salisbury and Alexander Bishop of Lincolne to their possessions and they would willingly pardon all the injuries the King had done them But the King despising the venerable supplication of so many great Prelates suffered them to obtaine no part of their request In the yeare of our Lord 1142. VVilliam Bishop of Lincolne as some record or VVilliam or Henry Bishop of VVinchester as others calhim held a Councell at London at which King Stephen was present where in it was decreed et Generaliter constitutum and generally ordained That he who violated a Church or Churchyard or laid violent hands on any Priest or Religious person should be excommunicated and not absolved but by the Pope The King writes Nubrigensis Concilio Benigne interfuit et favoris Regij Suffragium non negavit was graciously present at the Councell and denied not the suffrage oâ—his royall savor to its constitutions which without his confirmation had beene of no validitle By vertue of which constitution ratified in this manner If any laid violent hands on a Priest or Religious Person he might sue in the Spirituall Court to have him excommunicated and doe penance for it but not for dammages and no Prohibition could legally be granted to stay the proceedings there Anno 1152. There was a Synod held at London under Theobald Archbishop of Canterbury In which King Stephen with Eustace his Sonne were present The King required the Synod to consent to create Eustace King to which they could not be brought being inhibited by the Popes Letters and mandate to doe it Therefore the King and Eustace incensed with anger shutting them in and befieging them did evermuch vex and disquiet them that they might effect that by feare and terror which they could not doe by authority and favour And soe most of them were reduced to the Kings becke But Theobald the Archibishop departing privity and most craftily out of the Synod carried through the Thames in a Boate to the Sea side entered into a ship and passed into the parts beyond the Sea with whose departure the King being much more disturbed banished him againe with others and confiscated all his goods Anno 1159. There was a great Scisme at Rome betweene Pope Alexander and Victor concerning the Papacie hereupon Frederick the Emperor assembled by his Writ the Bishops of Italie and Germanie together to Papia to Councell where the Emperor his Dukes and Captaines were present who swaying the Councell Victor to whom the Emperor inclined was elected and declared to be the true Pope and successor of Peter and sentence given against Alexander by a Generall decree as against a Scismaticke and rebell to God Amplexus est Imperator cum omni frequentia Ducum et Procerum acta Concilij panam non recipientibus comminatus writes Neubrigensis After which the Emperor solicited the illustrious Kings of France and England by all meanes he could that to perpetuate mutuall amity they would consent to him in this they being inclined hereto cautelously suspended their sentence untill they should more fully know the truth of so doubtfull a businesse and thereupon they also called a famous Councell of Bishops and Nobles out of both their Kingdomes in a fitting time and place where the businesse was fully debated by Guido
Cremensis on Victors part and by Gulielmus Papiensis on Alexanders side In conspectu Regum Praesulum coram universa quae convenerat multitudine cleri et opuli In the presence of the Kings and Prelats and before all the multitude of the Clergy and People there assembled where Papiensis pleaded Alexanders cause so well and answered retorted what ever the opposite partie had alleaged soe substantially Vt neuter ulterius Princeps cunctaretur repudiata parte Octaviani Dominum Alexandrum recipere et cum Regnis sibi subditis ei de caetero in ijs quae Dei sunt tanquam Patri parere The forenamed Schismatickes therefore departing with confusion and shame Our Princes and Prelates Principes et Pontifices having solemnly pronounced a sentence of excommunication against the Schismatickes dissolved the Synod Loe here both the Emperor the Kings of England and France with their Nobles as well as Prelates present in a severall Councells directing and determining this great controversie in them who was Peters rightfull successor ratefying and receiving him for Pope whom they conceived in their indifferent Judgments to have the best title yea the Laity had here their voyces as well as the Clergy consented to the decrees of both Councells So when there was a former Schisme between Clement Vrban concerning the Title of the Papacie VVilliam Rufus enquiring who had the best right commanded Vrban to be reputed Apostolicall and true Pope throughout his Dominions eique vice beati Petri IN CHRISTIANA RELIGIONE not in any temporall affaires obedire claiming this as a part of his prerogative royall that none should acknowledge or receive any man for Pope or Peters successor within his Kingdome but by his election and authority and him whom he should declare to be the man accounting him no lesse then a Traitor that should deprive him of this right which his Ancestors claimed and enjoyed An. 1170. at the request of King Hen the 2d two Cardinalls Albert and Theodine were sent into France from Rome who having called a great Assembly of Ecclesiasticall persons and Noblemen within the Teritorries of the King of England they solemnly admitted the King to purge himselfe before them of the murther of Thomas Becket Archbishop of Canterbury which purgation the King there made and submitted himselfe naked to Ecclesiasticall discipline Anno 1175. Richard Archbishop of Canterbury kept a great Councell at Westminster to which almost all the Bishops and Abbots of the Province of Canterbury came Et coram pranominatis Regibus and before King Henry the second and King Henry his Sonne and the Bishops and Abbots Richard Archbishop of Canterbury standing in an high place promulged certaine Decrees Canons concerning Clergy-men the Eucharist Tythes recorded by Hoveden to be firmely and inviolably observed by all his Provincials so that both the Kings assented to them though they were but Collections of some Decrees out of former Councels In the same yeare King Henry the Father called another Councell at Windesore eight dayes after Michaelmas Praesentibus Rege Filio the King and his Sonne being present Richard Archbishop of Canterbury with the Bishops of England and Laurence Archbishop of Dublin Praesentibus etiam Comitibus Baronibus Angliae the Carles and Barons of England being also present In which Councell being a meer Parliament there was a generall Concord made between King Henry the second and Rodericke King of Conact in Ireland and the King in that Councell gave the Bishoprick of Waterford to one Augustine an Irishman whom he sent to Donatus Archbishop of Cassels to be Consecrated Anno 1176. King Henry the second assembled and held a great Councell at Nottingham concerning the Statutes of his Kingdome and before the King his Sonne and the Archbishops Bishops Earles and Barons of his Kingdom communi omnium Concilio by the common Councell of them all he divided his Kingdome into sixe parts through each of which he appointed three Iustices Itinerant whom he caused to swear upon the holy Evangelists that they should bona fide and without any sinister intention keep and cause the people of his Kingdom inviolably to observe the Articles of Assize there renued and confirmed recorded at large by Hoveden To this Councell by the Kings command came William King of Scots with all his Bishops whom the King commanded by the fealty and Oath of Allegiance they had taken to him to do the same subjection to the Church of England which they ought to do and were went to do in the times of his Predecessors To whom they answered that they never had made any subjection or homage to the Church of England nor ought so to do To which Roger Archbishop of York replyed That the Bishop of Glascow and of Candida Casa or Whitterne had in the time of his Predecessors been subject to the See of Yorke and for proofe hereof he shewed divers priviledges of the Bishops of Rome which made it appeare To which Jocelin Bishop of Glascow answered That the Church of Glascow was a speciall Daughter of the Church of Rome and exempt from all Archiepiscopall and Episcopall jurisdiction and if the Church of Yorke had any jurisdiction over the Church of Glascow at any time it appeared that he deserved not to have any dominion over it for time to come And because Richard Archbishop of Canterbury endeavoured that the Church of Scotland should be subject to the Church of Canterbury such was his ambition then he so crossed the King of England That he permitted the Bishops of Scotland to return home without making any subjection of themselves to the Church of England as they had formerly done Anno 1176. Hugo Cardinalis Hoveden stiles him Hugozun the Popes Legate by the Kings permission and asistance called a generall Councell at London in the midst of Lent where the Archbishops of Canterbury and York and all the Bishops and Abbots of England with a great number of Clergie-men assembling together the Cardinall sate on an high throne in the Chappell of the infirme Monkes of Westminster and the Bishops and Abbots with him every one in his place according to his order and dignity But there arose a contention between the Archbishops of Canterbury and Yorke which of them should sit at the right hand of the Cardinall And when as the Archbishop of Yorke would sit there the Bishop of Canterburies servants rushed violently upon him threw him down upon the ground trampled on him with their feet and brake his Miter whereupon the Councel was dispersed and the Cardinall flying to hide himselfe out of their sight was so hindered that he held no Councel Both sides made appeales to the Pope and complained to the King of the injuries done unto them So Hoveden Gulielmus Nubrigensis relates the story in these words When the Cardinall assisted by the Kings favour had called together the Ecclesiasticall persons of both Provinces of
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
' inchoat ' 1. Decem. 1384. contin ' ad diem Lunae prox ' post festum corp ' Christi Convocat ' inchoat ' 6. Novem. 1385. contin ' ad 7. diem Decem. An. praedict Convocat ' inchoat ' 5. Novem. 1386. contin ' ad 3. diem Decem. An. praedict Convocat ' inchoat ' 26. Febr. 1387. contin ' ad 4. diem Martii sequent Convocat ' inchoat ' 17. Octob. 1388. contin ' ad 22. diem Octob. praedict Convocat ' inchoat ' 17. Apr. 1391. contin ' ad 21. diem Apr. praedict Convocat ' inchoat ' 5. die Febr. 1394. contin ' ad 18. diem ejusdem mensis Convocat ' inchoat ' 6. Maii An. Dom. 1460. contin ' ad 15. diem Julii An. praedict Convocat ' inchoat ' 6. Julii An. Dom. 1463. contin ' ad 18. diem Julii praedict Convocat ' inchoat ' 21. Martii 1480. contin ' ad 15. diem Novem. 1481. Convocat ' inchoat ' 13. Febr. 1486. contin ' ad 27. diem Febr. praedict Convocat ' inchoat ' 14. Iaâ—â—ar 1487. contin ' ad 27. diem Febr. praedict The Presidents since these being more obvious and infinite I pretermit Indeed I finde some Convocations and Synods summoned without any speciall Writs yet extant which perchance are lost however though they were summoned without speciall Writs yet it was alwayes by the Kings licence priviâ—â— and assistance first obtained or by former adjournments and not by virtue of any summons from the Pope Arch-bishop of Canterbury or any other Prelates without or against the Kings command as some of the ensuing Presidents manifest in direct termes Convocatio inchoata absque brevi mense Julii An. Dom. 1295. Convocatio inchoata absque brevi die alia dominica qua cantabatur officium laetare eodem Anno. Convocat ' inchoat ' absque brevi die S. Hillarii An. Dom. 1297. Alia absque brevi pro defensione Ecclesiae cont ' Scotos die S. Edmundi Regis eodem Anno. Convocat ' inchoat ' ad instantiam Regis regressi à Flandriae inchoat ' festo Nativ ' S. Johannis Baptistae An. Dom. 1298. Convocat ' Concilii provincialis absque brevi inchoat ' 16. Maii An. Dom. 1356. Convocat ' Cleri Provinciae Cant ' ad supplicationem dom Reg. inchoat ' die Mercurii proxim ' post dominicam qua cantatur officium misericordia Domini in Ecclesia S. Brigittae Londin An. Dom. 1356. Convocat ' inchoat ' absque brevi die Jovis prox post festum S. Georgii Martyris 24. April An. Dom. 1371. Convocat ' inchoat ' absque brevi 1. die Decemb. An. Dom. 1373. Convocat ' inchoat ' absque brevi 8. Febr. An. 1576. Convocat ' inchoat ' absque brevi 5. Novemb. An. Dom. 1377. Convocat ' inchoat ' absque brevi 9. Maii. 1379. Convocat ' inchoat ' absque brevi die Sabbat proxim ' post festum Purificationis S. Mariae Virginis An. Dom. 1379. Convocat ' inchoat ' absque brevi 1. Decemb. An. Dom. 1380. Since this time I finde no Synod Councell or Convocation ever summoned or assembled but by the Kings speciall Writs yet extant among our Records the particularizing whereof being superfluous I shall here omit Secondly our Acts of Parliament expresly resolve that our Convocations Synods Councels ought to be summoned onely by the Kings Writ Hence the Statute of 8. H. 6. c. 1. recites That all the Clergie are to be called to the Convocation by the Kings Writ and thereupon enacts That they and their servants shall for ever hereafter fully use and enjoy such liberties and defence in comming going and tarrying as the great men and Commonalty of England called to the Kings Parliament doe enjoy Hence the whole Clergie of England in their submission in Parliament 25. H. 8. c. 19. 27. H. 8. c. 15. made this acknowledgment Whereas the Kings humble and obedient subjects the Clergie of the Realme of England have acknowledged according to truth THAT THE CONVOCATION OF THE SAME CLERGY IS ALWAYES HATH BEEN AND OUGHT TO BE ASSEMBLED ONLY BY THE KINGS WRIT c. And thereupon these Statutes among other things enact according to this submission and Petition of the said Clergie that they ne any of them from henceforth should make promulge or execute any new Canons c. in their Convocations in times comming which ALWAYES SHALL BE ASSEMBLED BY AUTHORITY OF THE KINGS WRIT c. A cleare confession and resolution that Councels Synods and Convocations here in England alwaies have been are and for ever hereafter ought to be called and summoned not by the Popes or Prelates authority and citations but by the Kings royall authoritie and Writ Hence the English Clergie in most Bills of their Subsidies since as in 27. Eliz. c. 28. 29. Eliz. The Act of one Subsidie granted by the Clergie 31. Eliz. c. 14. 35. Eliz. c. 12. 39. Eliz. c. 26. 43. Eliz. c. 17. 3. Jacobi c. 25. 7. Jacobi c. 22. 21. Jacobi c. 32. 1. Caroli c. 1. 3. Caroli c. 6. have inserted this clause in the prologue of their Subsidies Vestrae serenissimae regiae Majestati or sublimitati per praesens publicum instrumentum sive has literas nostras testimoniales significamus notum facimus quod Praelati Clerus nostrae Cantuariensis Provinciae IN SACRA SYNODO PROVINCIALI SIVE CONVOCATIONE VIGORE ET AVTORITATE BREVIS REGII VESTRI IN EA PARTE NOBIS DIRECTI in domo capitulari ECCLESIAE VESTRAE CATHEDRALIS divi Pauli London vicesimo quarto die mensis Novembris Anno Dom. c. inchoata celebrata to testifie that their Synods Convocations are and ought to be summoned and held only by virtue and authoritie of the Kings Royall Writ and why not then their Visitations being in truth Convocations and Synods Thirdly the whole Church of England in the 39. Articles of Religion ratified by Parliament and all Clergy-mens subscriptions to them as also by our present Soveraigns Declaration prefixt before them Anno 1628. Artic. 21. and the whole Church of Ireland in their Articles of Religion Anno 1615. Artic. 76. unanimously resolve as an Article of Religion not to be questioned That generall Councels and by the selfe-same reason Nationall and Provinciall may not be gathered together by Popes Prelates or any other persons without the Commandement or will of Princes Therefore the sole right of summoning them belongs not to Popes or Prelates but to Princes and other supreme temporall Magistrates And as these Articles so the learned Writers of our Church as incomparable Bishop Jewell in the defence of the Apologie of the Church of England part 1. c. 9. Divis 1. p 52 54. part 6. c. 12. Divis 2. p. 58â— to 592. Reply to Master Hardings answer Artic. 4. Divis 19. and 26. p. 193. 212 213 214. Bishop Alley in his poore mans Library Tom. 2. Miscellanea Praelect 1. f. 18 19 20. Bishop Bilson in his true difference between Christian subjection unchristian rebellion passim Doctor William Whittakers
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 Bishoâ—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
over them both in and out of Synods After this in the very height of Popery and the revivall of it in England in the first year of Queen Mary a Parliament and Convocation being summoned to re-establish Popery the Queen her selfe appointed and commanded a publike Disputation to be held at Pauls Church in London in the Convocation house about the matter of the Sacrament which was accordingly held and continued six whole dayes many Earles Lords knights Gentlemen and divers of the Parliament Court and City being present at it to the end that they might constitute Laws of the matters of Religion debated which the Queen and Parliament might ratifie The Disputation being ended The Queen sent a Writ to Bonner Bishop of London to dissolve the Convocation which was done accordingly So that this Convocation did nothing in matter of doctrine or discipline even in these times of Popery but what the Queen did first direct and limit them Queen Mary deceasing and Queen Elizabeth a Protestant Princesse succeeding her called a Parliament and Convocation to suppresse Popery and re-establish the Protestant true Religion To effect which with more facility this pious Queen having heard of the diversity of opinions in maters of Religion among sundry of her loving Subjects and being very desirous to have the same reduced to some godly and christian concord by the advice of the Lords and others of the Privy Councell as well for the satisfaction of persons doubtfull as also for the knowledge of the very truth in certain matters of difference commanded a convenient chosen number of the best learned of either part to conferre together their opinions and reasons concerning three particular points that should be prescribed to them thereby to come to some good and charitable agreement with all convenient speed Hereupon nine of the learnedst Papists were chosen on the one side and nine of the ablest Protestants on the other to debate these three Propositions prescribed to them in writing 1. It is against the word of God and the custome of the ancient Church to use a tongue unknown to the people in common Prayer and the administration of the Sacraments 2. Every Church hath authority to appoint take away and change Ceremonies and Ecclesiasticall Rites so the same be to edification 3. It cannot be proved by the word of God that there is in the Masse offered up a sacrifice propitiatory for the quick and the dead It was further resolved by the Queens Majesty that the conference on both parties should be in writing for avoiding much altercation of words that both sides should declare their minds opinions and reasons in writing and at the same day deliver them mutually one to the other to be considered and to return their answers thereto in writing by a certaine day Immediately herupon divers Nobles and States of the Realme understanding that such a meeting and conference should be in certain matters whereupon In the Court of Parliament consequently following some Lawes might be grounded they made earnest request to her Majesty that the parties of this conference might be ordered to put and read their Assertions in the English tongue and that in the presence of them of the Nobility and of The Parliament House for the better satisfaction and ordering of their owne judgements to treat and conclude of such Lawes as might depend hereupon This also being thought very reasonable was signified to both parties and so fully agreed upon and the day appointed for the first meeting to bee the Friday in the afternoone being the last of March at Westminster Church At which day and place both for good order and for honor of the Conference By the Queens Maiesties Commandement the Lords and others of the privie Councell were present and a great part of the Nobility also The Lord Keeper and the rest of the Lords bearing chiefe sway in ordering this conference as you may read at large in Master Fox in the second dayes discourse In this Conference I shall onely observe two passages of the Protestant party The first is the begining of their Prologue to their written Conference in these words For as much as it is thought good to the Queens most Excellent Majesty unto whom in the Lord all obedience is due that we should declare our Iudgement in writing upon certain Propositians We as becometh us to do herein most gladly obey The next is their third observation from the law of Justinian the Emperor commanding all Bishops and Priests to celebrate the holy oblation and prayers in Baptisme with an audible voyce c. And let them know this that if they neglect any of these things the dreadfull judgement of the great God and our Saviour Jesus Christ shall fall upon you neither will wee when wee know it rest and leave it unrevenged viz. That this Emperour being a christian did not only make Constitutions of Ecclesiasticall matters but also threatneth revenge and sharp punishment to the violaters of the same Therefore they held he had an obliging power over his Subjects and a coersiveauthority vested in him to enforce obedience to his Lawes of which more hereafter As this was the practise of this blessed pious Queen in the begining of her Raigne to prescribe to her Clergy in Convocation what they should treat off and how So it continued in use and was punctually submitted to by all Convocations during her Raigne and that not onely as a matter of complement but of conscience religion and the established doctrine of the Church of England as you may read at large in Bishop Jewels Apology of the Church of England and in the Defence of his Apologie against Harding part 6. c. 9. to 16. p. 689. to 766. a learned full discourse to this purpose and in Bishop Bilsons true Difference between Christian Subjection unchristian Rebellion the second part to omit all others who have handled this subject in her Raigne It seemes therefore strange to me that this which was reputed the true doctrine of the emmineâ—test learnedest writers Reformers of this Church and of the Church of England it selfe from the begining to the end of her happy Raign and ever since should bee deemed meere Antichristian Diabolicall theomacall and meer Popish doctrine now when as the contrary opinion is really such Our late Soveraigne King James in his Letters Patents before the Ecclesiasticall Canons and Constitutions made in Convocation Aâ— 1603. recites that he called that Convocation by his Writ and that â—e did By severall Letters Patents under his Great Seale of England the one dated the 11. of April the other the 25. of Iune in the first year of his Raigne Give and grant full free and lawfull liberty power and Authority unto the sayd Clergy in their Convocation who without such a Patent and License could debate and conclude nothing else it had been vaine and superfluours To conferre Treat Debate Consider Consult and agree of and upon
such Canons Orders Ordinances and Constitutions as they shall thinke necessary fit and convenient for the honour and service of Almighty God and quiet of the Church and the better government therof c. And our present Soveraign King Charles in his Declaration printed before the 39. Articles of the Church of England made by the advise of so many of the Bishops as might conveniently be called twice printed by his speciall command An. 1628. resolves in these very words this point of his royall Prorogative derived from his Predecessors That We are supreame Governour of the Church of England and that If any difference arise about the externall policie concerning Iniunctions Canons or other Constitutions whatsoever thereto belonging the Clergy in their Convocation not the Bishops in their Consistories Visitations or high Commissions is to order and settle them having first obtained leave under Our broad Seale so to do and We approving their said Ordinances and Constitutions provided that none be made contrary to the Lawes and Customes of the Land What power our Kings have excercised in Convocations to direct and limit them in all their proceedings determinations Canons in former ages especially since 25. Hen. 8. c. 19. will appeare First by the forme of our Kings Writs for summoning a Convocation of which I shall give you onely one late president agreeing in forme and substance with all former Writs of this kinde CAROLVS Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Reverendissimo in Christo Patri ac fideli Conciliariâ— Nostro Gulielmo eadem gratia Cantur A chiepis totius Angliae Primati Metropolitano salutem Quibusdam arduis urgentibus negotiis Nos securitatem defensionem Ecclesiae Anglicanae ac pacem tranquilitatem bonum publicum Defensionem regni Nostri subditorum Nostrorum ejusdem concernentibus Vobis in fide dilectione quibus Nobis tenemini rogando mandamus quatenus remissis debito intuitu attentis ponderatis universos singulos Episcopos vestrae Provinciae ac Decanos Ecclesiarum Cathedralium nec non Archidiaconos Capitula Collegia totumque Cleâ—um cujuslibet diocesios ejusdem Provinciae ad comparendum coram vobis in Ecclesia Catholica sancti Pauli London decimoquarto die Aprilis proximè futuro vel alibi prout melius expedire videritis cum omni celeritate accommoda modo debito convocari facias ad tractandum consentiendum concludendum super premissis aliis quae tibi clarius exponentur tunc ibidem ex parte Nostra Et hoc sicut Nos Statum Regni Nostri ac honorem utilitatem Ecclesiae praedictae diligitis nulla tenus omittatis Teste meipso apud Westmonast vicesimo die Februarii Anno regni Nostri quintodecimo Secondly by the forme of the Kings royall License commonly granted to the Convocation before they may or can debate of any thing particularly the forme whereof you may discerne in this subjoyned directed to the last Convocation 1640. CHARLES By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas in and by one Act of Parliament made at Westminster in the five and twentieth year of the Raigne of King Henry the Eighth reciting That whereas the Kings humble and obedient Subjects the Clergie of this Realme of England had not onely knowledged according to the truth that the Convocation of the same Clergie were alwayes had bin and ought to bee assembled by the Kings Writ but also submitting themselves to the Kings Majesty had promised in verbo Sacerdotii that they would never from thenceforth presume to attempt alledge claime or put in uâ—e or enact promulge or execute any new Canons Constitutions Ordinances provinciall or other or by whatsoever other name they should bee called in the Convocation unlesse the said Kings most Royall assent and license might to them be had to make promulge and execute the same and that the said King did give his most Royall assent and authority in that behalfe It was therefore enacted by the authority of the sayd Parliament according to the said submission and Petition of the said Clergie amongst other things that they nor any of them from thenceforth should enact promulge or execute any such Canons Constitutions or Ordinances provinciall by whatsoever name or names they might be called in their Convocations in time comming which alwayes shall bee assembled by authority of the Kings Writ unlesse the same Clergie might have the Kings most Royall assent and license to make promulge and execute such Canons Constitutions and Ordinances provinciall or Synodall upon pain of every one of the said Clergie doing contrary to the said Act and being thereof convict to suffer imprisonment and make fine at the Kings will c. Know ye that We for divers urgent and waighty causes and considerations Vs thereunto especially moving of Our especiall Grace certaine knowledge and meere motion have by vertue of Our Prerogative Royall and supream authority in Causes Ecclesiasticall given and granted and by these presents do give and grant full free and lawfull liberty license power and authority unto the most Reverend Father in God William Lord Arch-Bishop of Canâ—terbury Primate of all England and Metropolitan President of this Convocation for the Province of Canterbury and to the rest of the Bishops of the same Province and to all Deans of Cathedrall Churches Archdeacons Chapters and Colledges and the whole Clergy of every severall Diocesse within the said Province that they or the greater number of them wherof the said President of the said Convocation to be alwayes one shall and may from time to time during our will and pleasure propose conferre treat debate consider consult and agree upon the exposition or alteration of any Canon or Canons now in force and of and upon such other new Canons Orders Ordinances and Constitutions as they the said Lord Arch-bishop of Canterbury President of the said Convocation and the rest of the said Bishops and other the Clergie of the same Province or the greater number of them wherof the sayd Lord Arch-bishop of Canterbury President of the said Convocation to be one shall thinke necessary fit and convenient for the honor and service of Almighty God the good and quiet of the Church and the better government thereof to be from time to time observed performed fulfilled and kept as well by the sayd Lord Arch-bishop of Canterbury the Bishops and their successors and the rest of the whole Clergy of the sayd Province of Canterbury in their severall callings offices Functions Ministeries degrees and administrations as also by all and every Deane of the Arches and other Iudges of the sayd Arch-bishops Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officialls Registers and all and every other Ecclesiasticall Officers and their inferiour ministers whatsoever of the same Province
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
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
chiefe Officer of the King in that parish that he may admonish him to appeare to give satisfaction And if the Officer of the King shall faile therein he shall be in the Kings mercy and from thenceforth the Bishop may with Ecclesiasticall Iustice curbe the party accused 11. Archbishops Bishops and all persons of the Realme who hold of the King in Capite may haue their possessions of the King as a Barony and shall answer for them to the Justices and Ministers of the King and shall follow and doe all Royall Customes and like other Barons ought to bee present in judgments of the Kings Court with the Barrons untill it proceed to diminution of Members or unto death 12. When an Archbishopricke Bishopricke or Abbey or Priory shall become voyde in the Kings Dominion it ought to be in his hands and he shall receive all the rents and issues thereof as the Dominicall rents And what shall come to the Church is to bee disposed of Our Lord the King ought to commend the best persons to the Church and the election ought to be made in the Kings owne Chappel by assent of the King himself and advise of such persons of the Realme which he shall call unto him to do these things and there the person elected shall do his homage and fealty to the King as to his Liege Lord of life and members and of terrene honour saving his Order before he shall be Consecrated 13. If any of the Nobles of the Realme shall deny to do Iustice to any Archbishop or Bishop or Archdeacon concerning him or his our Lord the King ought to do them Iustice And if peradventure any shall deny to our Lord the King his right the Archbishops Bishops and Archdeacons ought to admonish him that he may satisfie the King 14. The Church or Churchyard ought not to detain the Chattels of those who are in forfeiture of the King against the Iustice of the King because they are the Kings owne whether they bee found within or without the Church 15. Pleas of Debts which shal be due either by interposition of an oath or without oath are in the Iustice of the King that is triable in the Kings temporall Courts 16. The Sonnes of Peasants or Villanies ought not to bee ordained Priests without assent of the Lord in whose land they are knowne to bee borne To this Recognition or Record of the Customs and Liberties of the Realm the Archbishops Bishops Abbots Priors Clergy with all the Earles Barons and Nobles swore and firmly promised viva voce in the word of truth that they would keep and observe it to our Lord the King and to his Heirs bona fide and without male engin for ever His itaque gestis potestas Laica in res personas Ecclesiasticas omnia pro libitu Ecclesiastico jure contempto tacentibus aut vix murmur antibus Episcopis potius quam resistentibus usurpabat writes Matthew Paris Whereupon Thomas Becket then Archbishop of Canterbury repenting of his oath to observe them humbled and afflicted himselfe exceedingly with fasting and corporall pennace yea he suspended himself from the office of the Altar untill the Pope absolved him from his pretended offence and oath which he readily obtained After which Becket resusing to conforme himselfe to the King and these Lawes he had sworne to departs secretly without the Kings license into Flanders and from thence repaired to Pope Alexander at Sennes who curteously entertained him and refused the demands of the Kings Embassadours to do him justice against Becket or to confirme these Lawes and ancient Customs of the Realm Whereupon the King sent this ensuing Writ to every Sheriffe of England Praecipio tibi quod si aliquis Clericus vel Laicus in Baliva tua Romanam curiam appellaverit eum capias firmiter teneas donec voluntatem meam praecipiam omnes reditus Clericorum Archiepiscopi possessiones saiseas in manum meam Et omnium Clericorum qui cum Archiepiscopo sunt Patres Matres Fratres Sorores Nepotes Neptes pones per salvos plegios catalla eorum donec voluntatem meam inde praecipiam Et hoc Breve tecum afferas cum summonitus fueris Gilberto quoque que Londonensi Episcopo scripsit in haec verba Nosti quam malè Thomas Cantuariensis Archiepiscopus operatus est adversum mo regnum meum quam malè recesserit Et ideo mando tibi quod Clerici sui qui detraxerunt honori meo regni qui circaâ—psum fuerunt post fugam suam non percipiant aliquid de reditibus suis quos habuerunt in Episcopatu tuo nisi per me nec habeant aliquod auxilium vel consilium aâ—te Item Justitiariis suis significavit per literas sub hac forma Si quis inventus fuerit ferens literas Domini Papae vel mandatum aut Thomae Archiepiscopt continens interdictum Christianitatis in Anglia capiatur retinetur donec inde voluntatem meam praecipiam Item nullus Clericus Monachus Canonicus vel conversus vel alicujus religionis transfretare permittatur nisi habeat Literas de reditu suo Justitiarii vel nostras Si quis aliter inventus fuerit capiatur retineatur Nullus appellet ad Papam neque ad Thomam Archiepiscopum neque aliquod placitum ex eorum mandato teneatur neque aliquod mandatum eorum in Anglia recipiatur si quis tenuexit vel receperit vel tractaverit capiatur retineatur Si Episcopi Abbates Clerici vel Laici sententiam interdicti tenuerunt sine dilatione a terra eijciantur tota eorum Cognatio Ita quod nihil de catallis suis secum ferant sed catalla eorum possessiones in manu nostra saisiantur Omnes Clerici qui reditus habent in Anglia sint summoniti per omnes comitatus ut infra tres Menses praecise ad reditus suos sicut diligunt eos amant in Angliam redeant Et si ad terminum praefixum non venerint reditus eorum in manu nostra saisiantur Episcopt Londoniensis Norioensis summoneantur quod sint eoram Justiciariis Nostris ad rectum faciendum quod contra Statuta Regni interdixerunt terram Hugonis Comitis in ipsum sententiam Anathematis intulerunt Denarii beati Petri colligantur serventur quousque inde vobis Dominus Rex voluntatem suam praeceperit Ecclesiam praeterea Cantuariensem omnia bona Archiepiscopi Rex et suorum consiscari praecepit Et quod in nullius historiae legitur serie totam ejus congnationem exilio ascriptam addixit sine delectu conditionis sexus aut aetatis Et cum Ecclesia Catholica oret pro haereticis schismatieis perfidis Judaeis prohibitum est a Rege ne quis Archiepiscopum orationum suffragiis adjuvaret Such Ecclesiasticall jurisdiction did the King then exercise To what an unfortunate end this opposition brought this Archbishop Becket our Historians at large record and I
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
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-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 causes Ecclesiasticall the impotency of the Clergy or Convocation to make or promulge any Canons or Ecclesiasticall constitutiâ—ns or to debate any thing in Convocation without his Royall Lycence and approbation The Nullity and invalidity of the Canon Law abolisheth all appeales to Rome and Authorizeth 32. persons whereof halfe to be of the Clergy the other halfe of THE LAITY to survay the Canon Law and to compile a body of the Canon Law to be authorized by the King under his Great Seale by vertue of this Act for to be the only Canon Law to be used within this Realme Chap. 20. takes away the payment of any Annates oâ— first fruits to the Bishop of Rome nullifies his usurped power and Buls settles the forme of electing and consecrating Archbishops and Bishops within this Realme and plentifully manifests the Kings and Parliaments Jurisdictions in Ecclesiasticall affaires chap. 21. doth the like exonerating the Kings Subjects from all exactions and Impositions heretofore payed to the Sea of Rome and enabling the Archbishop of Canterbury and his Officers to grant all Licences and dispensations within the Realme which were formerly granted at Rome only The Statute is worthy perusall consideration fully demonstrating the power of the Parliament in Church affaires 26. H. 8. c. 1. declares the Kings Highnesse to be supreme head of the Church of England under Christ making it a part of his Royall Title and to have Ecclesiasticall authority to redresse and reforme all Errors Heresies and abuses in the Church punishable by any spirituall or ecclesiasticall Law Chap. 3. enacts The payment of the first fruits of all Dignities Benefices promotions spirituall and tenthes to the King and his Heires abolishing the Popes usurpations and authority herein ch 13. abolisheth sanctuarie in cases of High Treason ch 14. Authorizeth the nomination and consecration of suffragan Bishops in sundry places of this Realme and both creates and limits their authority chap. 15. takes away some exactions of spirituall men within the Archdeaconry of Richmond 27. H. 8. c. 8. limits that the Kings spirituall Subjects shall pay no Tithes whiles they are in their first fruits ch 15. authorizeth the King to nominate 32. persons halfe of the Clergy the other of the Laity for the perusall and making of Ecclesiasticall Lawes and manifests the Convocations invalidity to make such lawes or Canons ch 19. Limiteth and abolisheth Sanctuaries and sanctuary persons ch 20. containes an Order touching the paying of Tithes throughout the Realme ch 21. Limits the maner of payment of Tythes within the City of London ch 27. suppresseth divers Monasteries Priories and Religious Houses vesteth their revenues in the King and erects the Court of Augmentations 28. H. 8. ch 10. extinguisheth thes authority of the Bishop of Rome prescribes an Oath of abjuration of it and Popery together with the Popes usurpations and excellently sets forth the Kings supreamacy the Parliaments authority in matters ecclesiasticall as you may read in the Act worthy perusall ch 11. enacts Restitution of the first fruits in time of vacation to the next incumbent ch 13. compells spirituall persons to residence upon their livings ch 16. Releaseth such as have obtained pretended Licences and dispensations from the Sea of Rome 31. H 8. c. 6. enables such as were Religious persons to purchase lands to sue and be sued in al maner of Actions which they were disabled formerly to do by the Common Canon Law ch 9. Enables the King to make Bishops by his Letters Patents only and to erect new Bishopricks which he did ch 13. disolves all Monasteries and religious Houses and vests them in the King wherein you may behold much of the Kings and Parliaments power in Church businesses ch 14. For abolishing of diversity of opinions in matters of Religion most fully and exactly demonstrates the Kings and Parliaments jurisdictions in matters of Religion as the whole Act sufficiently manifests though the Articles therein defined were erronious and the Act too cruell and bloudy 32. H. 8. cap. 8. provides for the true payment of Tythes and offerings chap. 10. containes the punishment of incontinent Priests and of women offending with them ch 12. concernes Sanctuaries and the priviledges of Churches and Church-Yards ch 15. prescribes the manner of proceeding against Heretickes and impugners of the Act for abolishing of enormious opinions in Christian Religion chap. 23 24. concernes Accounts of Bishops and subsidies granted by the Clergie chap. 25. Dispences the Kings marriage with the Lady Iane chap. 24. Dissolves the Hospitalls of Saint Johns of Ierusalem in England and Ireland for supporting and maintaining the supremacy and jurisdiction of the Bishop of Rome contrary to their duty and Allegiance chap. 26. Intitled An act concerning true opinions and Declaration of Christs Religion is most pregnant to our present purpose which you may peruse chap. 38. Concerning precontracts of marriages and degrees of consanguinity is likewise a most punctuall Act for the Kings and Parliaments Ecclesiasticall power and chap 44. 45 47. good evidences of it 33. H. 8. chap. 15. 27 28 29 30 31 32. Enabling Religious persons to sue and bee sued severing the Bishopricks of CHESTER and Isle of MAN from the jurisdiction of CANTERBURY to the See of Yorke making the Church of Whitgate a Popish Church by it selfe and severing it from the Parish of Over which I wish our Independents to observe and to learne from this and other Acts that no new Churches or Parishes can be erected legally but by act of Parliament which none of their Churches are 34. and 35. H. 8. c. 1. intituled An act for The advancement of true Religion and For the abolishing of the contrary is most pertinent to our purpose and c. 15. 17 19 35. H. 8. c. 9. for ratification of the Kings stile and Title of Defender of the Faith and supreame head of the Church of England and Ireland ch 6. Concerning the qualification of the Statute of the 6. Articles c. 16. concerning the examination of the Canon Lawes by 32. persons halfe of the Clergie and halfe of the temporalty to be named by the Kings Majesty during his life to compile a body of the Canon Law to bee used in the Realme 37. H. 8. c. 4. 12. but especially ch 17. That Doctors of civill Law may execute Ecclesiasticall jurisdiction though Laymen and married a Law worthy reading and chap. 21. For the union of Churches not exceeding the value of 5l which could not be done but by Act of Parliament are all most pregnant evidences of the Kings and Parliaments indubitable Ecclesiasticall jurisdictions in matters of Discipline Religion Church-government and all Church affaires whatsoever The Statutes made in King
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 oâ— 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.
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
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
Lipsiae 1584. together with the severall Confession of all the Protestant Churches in Germany and elsewhere recorded in the Harmony of Confessions which were made published established by the severall Protestant States to Diets or Parliaments by common consent of the Nobles Magistrates Senates Ministers of those Churches not by the Clergy alone are a sufficient demonstration of their Ecclesiasticall legislative power and jurisdiction in all matters of Faith Discipline and Government In few words I dare averre that there is never a forraigne Christian Empire Kingdome or Republike in the world whether Protestant or Popish but hath in their Parliaments Diers Senates made sundry Lawes concerning matters of Faith Government Discipline Clergiemen and all Ecclesiasticall affaires yea for the establishment of that Religion Church Government and Discipline in present use among them as their severall Laws and Constitutions will abundantly manifest to any who have vacancy to peruse them I shall close up this Section with some presidents of the Parliaments of Ireland and Scotland which have most affinity to the Parliaments of England Among the printed Statutes of Ireland collected by Master Belton I mèet with these ensuing Ecclesiasticall Lawes made in the Parliaments of Ireland 36. H. 6. c. 1. That Beneficed persons shall keep Residence 7. E. 4. c. 2. 3. That none shall purchase Benefices from Rome and that pardons made to such as purchase them thence shall be voyde 10. H. 7. c. 5. Against provisors from Rome 25. H. 8. c. 2. For uniting the Personage of Cantrim to the Priory of Saint Peters 28. H. 8. c. 5. That the King shall be supreame head of the Church of Ireland ch 8. and 26. For payment of first-fruits ch 13. Against the Authority of the Bishops of Rome and chap. 14. 17 18 23. For other Ecclesiasticall matters 33. H. 8. c. 6. Conconcerning Mariages cha 12. For Tithes chap. 14. For erecting of Vicaridges 33. H. 8. Parl. 2. chap. 5. For suppressing religious houses 2. Eliz chap. 1. For restoring to the Crowne the ancient Iurisdiction and the State Ecclesiasticall and abolishing all forraigne power repugnant to the same cha 2. For the uniformity of Common prayer and service in the Church chap. 3. Concerning first fruits and Personages impropriate c. 4. For the conferring and consecrating of Archbishops and Bishops 11. Eliz. c. 6. and 13. Eliz. c. 6. with diverse others since For Scotland I finde many Ecclesiasticall Lawes concerning the Church Church-men and all matters of Religion made in Parliament and intermixed with their temporall Acts. To omit the Ecclesiasticall Lawes of King Keneth mixed with his Temporal enacted about the Yeare of our Lord 844. In the Statutes of K. William of Scotland made about the Yeare of our Lord 1170 chap 32. Is For maintaining the true Religion and the Rights and liberties of haly Kirke chapter 34. Of the honesty of Clarkes King Robert the first in his Parliament holden at Scone with his Bishops Abbots Priors Eaâ—iâ—s Barons and other Noblemen of his Realme to the honour of God and haly Kirke with common advise and consent of all the Prelates and Freeholders foresaide and haile community in the 13. Yeare of his Raigne to wit Anno 1319 made a law chapter 〈◊〉 For the freedome of the Kirke and Kirkmen and maintenance of true Religion And the second Parliament of this King chapter 1. Is of Donation of Lands made to Religious persons and chapter 14. Concernes Nunnes Among the Statutes of King David the 2. the 12th chapter is of Pilgranners and chapter 42. For freedome of holy Kirke Not to mention all the statutes made in the Parliaments of Scotland in times of Popery for advancing the Popes Authority Masse Prelacy with sundry Doctrines and Ceremonies abolished by subsequent Acts in times of Reformation I shall only give you a briefe account of some of their Acts of Parliament since beginning of reformation in that Kingdome I finde in Master John Knox his History of the reformation of the Church of Scotland lib. 3 pag 56 57. in the London edition â—644 That in a Parliament held in Scotland Anno 1543. there began question of the abolishing of certaine tyrannicall Acts made before at the devotion of the Prelates for the maintaining of their Kingdome of darknesse to wit That under paine of Haeresy none should read any part of the Scripture in the vulgar Tongue neither yet any Tractate or exposition of any place of Scripture which Act after great debate in Parliament betweene the Nobility Commons and Clergie was wholly repealed and this Act of Parliament enacted That it should be lawfull to every man to use the benefit of the Translations which then they had of the Old and New Testament together with the benefis of other Treatises containing wholsome doctrine untill such time at the Prelates and other Church-men should give and set forth unto them a translation more correct And so by Act of Parliament it was made free to all men and women to reade the Scriptures in their vulgar tongue and all Acts to the contrary abolished This was no small victory of Christ Jesus against the conjured enemies of his Verity In the yeare 155â— of the Protestants in Scotland petitioned both the Queene Regent and likewise the Lords Barons Burgesses assembled there in Parliament for repeale of severall Lawes formerly made against Heritickes for prayers in their vulgar Tongue frequent preaching or interpretation of the Scriptures due administration of the Sacraments of Baptisme and the Lords Supper Reformation of the Church Prelates and ecclesiasticall estate their lives Courts and proceedings And likewise entered a formall Protestation in the Parliament House After this in the yeare 1560. The Protestant Barrons Gentlemen Burgesses and others of the Realme presented a large supplication to the Nobility 〈◊〉 States of Parliament then assembled wherein they desired the abolition of Idolatry and such false Doctrin as wâ—e condemned by Gods word by Act of that Parliament and punishment to be appointed for the transgression that the abuses and prosanations of the Sacraments of Jesus Christ and of the true Discipline of the Church might be reformed That the Popes usurped ecclesiasticall Authority might be abolished and the Popish Clergy removed c. Which application being read in the Audience of the whole Assembly the Batons Ministers other Petitioners were thereupon commanded to draw into plaine and severall heads the summe of that Doctrine which they would maintaine and desire the present Parliament to establish as wholsome true and only necessary to be beleived and to be received within the Realme which they willingly accepted and within foure dayes presented a large Confession of the faith professed and beleived by the Protestants within the Realme of Scotland consisting of 25. Articles which were read in face of Parliament and after ratified by the three States of this Realme at Edinburgh the 17. of Iuly 1560. and by the whole body of the Parliament which
civill Magistrates as you have plentifully done even with some colour of reason as well as insanire cum ratione which is all I shall answer to your reasons Fourthly Hee writes Let Master Prynne Or any other evict mee of any wilfull or unwilfull violation of the priviledges of Parliament and I shall bee as willing as willingnesse it selfe can make me to further such a conviction and no man shall be more ready then I to crave their pardon or undergoe their Justice nay I shall repent my selfe and abhor my errour in dust and ashes Certainely this your promised late Repentance which is yet contingent and improbable after so many publike offronts and oppositions against the power and proceedings of Parliament will bee a very poore recompence and satisfaction for all your former misdemeanors and scandalls to the Parliament yet late repentance being better then none at all I shall now challenge you to make good this your promise since your owne Conscience and judgment cannot but informe you I have written enough in the former Sections to evict and convince you and all the world besides that you have not only violated but denyed oppugned those priviledges of Parliament in Ecclesiasticall affaires which our owne Parliaments in all ages and Parliamentary Assemblies in all other Kingdomes have unquestionably exercised enjoyed without any such publique opposition as you have made against them And if you now make not good your promise few or none will ever credit you hereafter 5ly For the Authors you cite to justifie yourselfe they are miserably wrested and mistaken for the most part The first you quote is Master Edwards who maintaines point blancke against you throughout his Treatise a Legislative and coerceive power in Parliaments and civil Majestrates even in Church-affaires and matters of Religion in the very pages you quote and else where Therefore you palpably abuse the Author and Reader in quoting him to the contrary who is so point-blancke against you For the passage you quote out of his Page 256. The Parliament interposeth no Authority to determine what government shall be whence you inferre p. 7. Therefore his opinion appeares to be either that the Parliament hath No authority or at least intends not to make use of it in determining a government It was written only with reference to that present time the Parliament having at that time when he writ during the Assemblies debate and consultation interposed no Authority to determine what government shall be yet before that it had declared the old prelaticall Lordly government to be abolished and called an Assembly to advise with about a New But to inferre from thence as you doe Therefore his opinion is either that the Parliament hath no Authority or at least intends not to make use of it in determining a Government Is an inference quite contrary to the next ensuing words and pages to the whole scope of the Authors Booke Humbly submitted to the Honourable houses of Parliament contrary to his expresse words p. 138. 281. to all his reasons against Toleration of your Way and to the Parliaments intent in calling the Assembly to assist them in determining and setling a Church-government agreable to Gods word Be ashamed therefore of this grosse perversion of your first Authors passages diametrally contrary to this meaning Your Passages out of Master Hayward Bishop Iewell Master Fox Mr. Calvin Iacobus Acontius Junius Peter Martyr and Gulielmus Appolonius make nothing at all against the Legislative Authority of Parliaments in matters of Religion and Church government and have no aâ—â—inity with your Passages words most of them Bishop Iewel especially as I have already proved vindicating propugning the very ecclesiastical power of Parliaments which you oppugne Indeed some of their words seeme to diminish the Coercive power of Majestratâ—s enforcing of mens consciences in matters of Religion which I shal answer in due place and manifest how you abuse the Authors herein as well as Mr. Edwards not hitherto answered by any of your party but how they militat against the jurisdiction of Parliaments in making Lawes touching Religion discipline and Church-government I am yet to seeke For the Passages he aleageth out of the Divines of Scotland That the Prince or Majestrate may not make or publish any Ecclesiasticall Law without the free assent of the Clergy c. That he may not by HIMSELFE define or direct such matters nor make any Lawes therein That the King hath not a Nomotheticke Legislative Power in matters ecclesiasticall in a constitute Church That the ordinary power of the King is not to make Ecclesiasticall Lawes c. I Answer 1. That their only meaning if I mistake not in these passages is that the Prince or chiefe civill Majestrate of HIMSELFE without a Parliament or without the assistance and consent of his Nobles Commons Clergy cannot legally make any ecclesiasticall Lawes to obliege his people upon which reason our Brethren of Scotl. rejected the late New service booke and Canons and our selves the late Canons c Oath which Canterbury wold have obtruded on us because they were made and prescribed only by the Kings Authority and the Prelates or Convocations not the Parliaments upon which very reason the Parliaments of both Kingdomes have respectively adjudged both one and other illegall But that the King or supreame temporall Majestrates assisted by a Parliament and Orthdox Divines may not make binding ecclesiasticall Lawes or that their or our Parliaments have not a reall Legislative power in any matters ecclesiastike the only point controversed is directly contrary both to the constant Doctrine and Practise of our Brethren and their Church used ever since the Reformation to the proceedings of their last Parliaments and generall Assemblies as I have formerly manifested You may therefore blush at this your perverting of their meaning as if they held that the Parliaments of England or Scotland had no power to make Ecclesiasticall Lawes for Religion or Church gouernment when as their Bookes Actions addresses to our present Parliament their presence assistance in our Assembly proclaimes the contrary And the very publique Confession of faith professed and subscribed in their Church Anno 1560 Chap. 14 since confirmed by severall Acts of Parliament doth the like But admit all those Authors really as not one of them is in verity opposite to the Ecclesiasticall Jurisdiction and Legislative power of Parliaments yet the unanimous practise and resolution of all Christian Realmes Synods Parliaments in all ages contrary to their private novell opinions is sufficient infinitly to overbalance them in the Judgements of all prudent men And thus much for Mr. Goodwins Innocencies tryumph as to the present point I shall next apply my selfe to Answer such Objections as my deare Brother Master Henry Burton hath lately made against the premises in his Vindication to my 12. Queeres touching Church-Government my Independency examined His first and principall Objection is this
That every particular Church now consisting of visible Saints is under Christ as the SOLE Head King Governour Law-giver of it and so is subject to no other jurisdiction then that of Christ his Spirit his Word We hold that every particular Church is under Christs Government as the SOLE Head King Lord Governour thereof That it is a spirituall House whose only builder and Governour is Christ and not man A spirituall Kingdome whose only King is Christ and not man A spirituall Republique whose only Law-giver is Christ and not man A spirituall Corporation whose only head is Christ and not man That no man nor power on earth hath a Kingly power over this Kingdome That no earthly Law-givers may give Lawes to this Kingdome or Republique That no man may claime or exercise a head-ship over this body That no man can or ought to take the Government of this Communion of Saints That men may not appoint limit constitute what Congregations of all sorts they please to be Churches of Christ as Nations and Parishes That Christ is King over every mans conscience so that no power on earth may sit with him in this his Thror c. yea so as no human power not Law may intermeddle to prescribe rules for the Government or formes of this Church of Christ That the Children of those Parents who will not thus acknowledge Christ to be their only King and Law-giver and are ashamed or afraid to be thus in Covenant with Christ in the Independents way as their King are not to be baptized such Parents not being within the Covenant A very hard and uncharitable censure of all Churches Persons who are not Independent That Christ is the ONLY Potentate Law-giver Lord King Governour over Churches and not men Not Councells or Senates That this is Christs Royall Prerogative which is incommunicable to ANY or All the powers on earth That Christ hath not delegated his Kingly Office to any Princes Magistrates PARLIAMENTS to set up any forme of Worship of Church-Government who have no authority to make Lawes to rule or binde any particular Churches and if they make any such they shall be apt to transgresse them but yet men must take heed how they punish them for that transgression with any enseresciderdum or Club-law This is the summe and oft repeted Argument of my deare Brothers Booke To give a satisfactory Answer to this Objection I shall first demand of my dear Brother what he meanes by this frequently incultated assertion That every particular Church is under Christ as the only Head King Lawgiver Lord and Governour thereof c. and that none ought to have any power rule or Jurisdiction in the Church but Christ alone If he intends that he is the only immediate HEAD KING Law-giver and Governour as he clearely doth I desire some solid scripture proofes for it since he produceth none to evince it the rather because it is quite contrary to sundry expres Texts which stile Kings Majestrates Ministers Heigher powers Rulers Overseers Fathers Nursing Fathers Pastors of over their Churches people flocks who are ever enjoyned to obey submit unto them yea Rulers of the Templ Congregation Church Rulers Chife Rulers of the Synagogu â—ay sometimes Gods sitting upon Gods throne to whom men must yeeld obedience for the Lords sake as to Gods Christs Vicegerents and Embassadours Yea Brother your selfe informe us out of Scripture pag. 51. That the members of Christs body are Superiour and inferiour as Pastors Teachers Teaching and RVLING Elders Helps GOVERNMENTS Bishops or OVERSEERS c. If Christ then be the onely Head King Ruler Shephard Governour of his Church and none else in that sense you object what will become of these Pastors Ruling-Elders Governours Overseers which you averre Christ hath fixed in his Churches What will become of those Independent Ministers who take upon them like absolute kings Popes Lawgivers to erect gather new Chruches of their own forming and prescribe both Lawes Rules Covenants to them which Christ never made Brother you must expunge the 1 Tim. 5. 17 Let the Elders that RULE well be counted worthy of double honour Rom. 13. 1. Let every soule BEE SVBIECT to the HIGHER POWERS c. even for CONSCIENCE SAKE Tit. 3. 1. Put them in minde to be subject to Principalities and Powers to obey Magistrates c. Heb. 12. 17. Obey them that have THE RULE OVER YOU and SVBMIT your selves for they watch for your soules as they that must give an account c. Remember Salute all them that have the RVLE OVER YOV Acts 20. 28. Take heed to the floke over which the Holy Ghost hath made you OVERSEERS or Bishops to feed the Church of God which he hath purchased with his bloud Rom. 12. 8. HE that RVLETH let him do it with diligence 2 Chron. 9. 8. Blessed be the Lord thy God who delighted in thee to set thee VPON HIS THRONE to BE KING FOR THE LORD THY GOD c. with infinite other Texts yea the very names of Kings Princes Governours Elders Rulers Magistrates Overseers Bishops Teachers Fathers Pastors Masters c. out of the Bible and all Christian States Churches if you will make Christ alone the only immediate King Ruler Governour Lawgiver of his Church in the sence you here object it and that no person nor humane power whatsoever hath or ought to have any rule power or jurisdiction in or over the Churches people of God But if you meane no more but that Christ is the onely supreame Head King Lord Governour Lawgiver Pastor and Ruler of his Church and that all other Kings Princes Magistrates Rulers Pastors Ministers Governours are subordinate unto him as to the King of Kings Lord of Lords and chiefe Shepheard of his flockâ— your proposition is true but your conclusion miserably false that therfore there are no subordinate Kings Magistrates Rulers Pastors Governours Lawgivers under him to rule governe order instruct direct his Churches and people which the forequoted Texts your owne experience reason and the whole world will contradict Secondly I shall demand of my Brother how he proves all his forementioned Paradoxes concerning Christ and the Church in the sense he propounds them Or that his own or other Independent Churches lately gathered erected by no other but by men and consederated by a new Covenant framed by men not Christ to be built governed ordered onely by Christ and not men to be the spirituall Kingdome of Christ c. whole onely King Governour Head is Christ and not man Or in what Text he can shew me any particular Independent Church stiled Christs spirituall Kingdom and Republike I find it prophesied Revl 11. 15. That when the seventh Angel foundeth The KINGDOMES of this World which must be meant of Nationall Churches which you deny not of Particular Congregations which are no such Kingdoms shall become the Kingdomes of the Lord and of his Christ That all the
ends of the World shall turne unto the Lord and all the kindreds of the Nations shall worship before him for THE KINGDOME is the Lords and he is the Governour among the NATIONS That ALL NATIONS shall serve and worship before him That he shall have DOMINION from sea to sea and from the Rivers to the ends of the earth That all DOMINIONS shall serve and obey him That the KINGDOMES of the earth shall sing unto the Lord c. All pregnant proofs of Nationall Churches which should serve and obey Christ But that Independent particular Congregations of visible Saints and they only should be Christs Kingdom Republick and Governed immediately by him rests yet on my Brothers part to make proofe of when he is able Thirdly I shall request my Brothers to satisfie me others by that Texts he can make good these Paradoxes of his That those who will not submit to his Independent Church-government Covenant become members of such Churches have no interest in the Covenant Sacraments or Seal of the Covenant or right to any Church-Communion That they are not within the Covenant visibly and therefore their Children not visibly to bee baptized That they professe not Christ to be their King and are afraid or ashamed to be in Covenant with Christ as their King c. Do not these uncharitable Paradoxes good Brother un-Church un-Saint all Christians and reformed Churches whatsoever which submit not to your new way excluding both them and their Children from the Covenant and Seales of Grace and all Church-communion at least in and among your Congregations as professed enemies to the Kingdome and Soveraignty of Christ Is not this the very language Doctrine of the Antichristian Church of Rome who vaunts herself the onely true Church of Christ out of which there is no salvation un-Churching all Churches and un-Saincting all Christians but their owne professed members as haeretickes Schismaticks and enemies to Christ yea is it not an higher strain of spirituall pride and uncharitable Behaviour against your brethren then ever the Donatists or Nouatians broached I beseech you deare Brother in the bowels of Christ to consider and recant these harsh passages which you can never justifie before God or men and have given great offence to many who cordially affect you These generall questions being demanded I shall next addresse my selfe to a more particular answer of the premised Objection by reducing it into these Logical arguments which wil best detect the fallacies imbecillities of it The first is this Christ is the only immediate supreame King Head Ruler and Governour of every particular Church Ergo no Kings Parliaments Councels Synode or any human Power can make any Lawes Rules Canons for the setling of Religion or reforming Governing well ordering of any particular Churches of Christ This is the summe of all my Brothers Passages I answer that this is a meere Independent Argument which will introduce a world of absurdities if admitted as I shall cleare by these following Instances 1. The Scripture is expresse That God himselfe is King yea a great King over all the earth That Christ is the ONLY Potentate the King of Kings and Lord of Lords yea a great King over all Gods That all the Kingdomes and Nations of the earth are the Lords and that he giveth them to whomsoever he willâ— That his kingdome ruleth over all That his is the greatnes the Kingdom the power and the glory and the Majesty that all that is in the Heaven and in the Earth are his that he is exalted as head over all and raigneth over all That he is Lord and King of all as well of their bodies estates as soules and consciences Ergo By my Brothers forme of Arguing No Kings Parliaments Potentates Rulers Kingdoms Republikes ought to make any Lawes for the government of their Realmes publikes Nations Corporations or the ordering of mens persons or temporall estates but God and Christ alone and all particular Kingdomes Societies States Corporations Families are and ought to be immediatly subject to no King Majestrat Parliament or human power whatsoever even in temporall things but only to God and Christ 2ly God is more frequently stiled in Scripture The Lord of HOSTS and God of BATTLE then he is called the only King of his Church a Title you can hardly show me in direct termes in sacred writ Yea his power and providence principally appeares in mannnaging and disposing all occurrences and particulars concerning Hosts Armies Battles as your Brother Burroughs in his Glorious name of the Lord of Hosts hath largely manifested Ergo by this Logicke No King Parliament Generall Captaine or Councell of Warre may or ought to make or prescribe any Martiall Lawes for the regulating governing mustering Marshaling or disciplyning of their Hosts but God alone 3ly Christ is our only Soveraigne Lord Master Father Ergo no Landlord Master Father ought to prescribe any Lawes Rules orders for the better Government of their Tenants servants families Children but Christ alone by your argumentation 4ly Christ is the chiefe Shepherd Bishop Prophet Teacher and Instructor of his Church Ergo none ought by your reasoning to seed teach or instruct the Church and people of God but Christ alone We must have no Ministers teaching Elders Pastors Teachers to instruct Vs henceforth who are but men and not Christ himselfe 5ly Christ is the only Mediator Advocate Intercessor for his Church and people Ergo none ought by their Prayers and intercessions to soltcite the throne of Grace for the peace prosperity reformation and deliverance of Christs Churches and people but Christ alone Ministers must not pray for their people nor Saints one for another noreither of them for the whole Church of God if your Argumentation be solid 6ly If this argument stand firme then marke the inevitable consequences of it Independent Subjects will argue with their Princes Majestrates Superiors thus Christ is our only King Head Lord. Therefore we must not be subject to any Lawes and commands what soever but only to the lawes and precepts of Christ Wives Children servants will reason thus Christ is our onely Head Husband King Lord Father Master Therefore we will not we ought not to be subject to any of the Lawes Orders precepts of our Husbands Parents Ministers but only to the immediate Rules Laws edicts of Christ himselfe Mutinous or Independent Souldiers will thus argue with their Generalls and Commanders Christ is our only Captaine Generall and our Lord of Hosts Ergo we will be commanded conducted ordered by none but Christ not by any other Captain or Generall whatsoever Nay people and every member of your Independent Congregations upon any discontent wil thus dispute with their Ministers Ruling Elders Congregations Christ is our only head King lawgiver Judg. Therefore neither Councels Synods nor any Independent Ministers or Congregations may prescribe any Laws covenants Orders or directions to us or exercise any jurisdiction
breach of Gods Laws with temporall punishments yet by this Gods Lawes become not temporall and unobligatory to the conscience So God on the other side may and doth 〈◊〉 the violation of just humane Lawes with spirituall and eternall punishments Majestrates being but his Vicegerents Deputies and the contempt of their just Lawes a contempt of God himselfe Therefore the Argument holds not The 5th Objection is this that the conscience only respects God therefore nothing can binde it but Gods owne Law which is spirituall I Answer That the conscience respects as well men as God Act. 24. 16 therefore the just Lawes of men as I have proved as well as of God 2ly The conscience looks upon the just Laws and precepts of men not meerly as human Lawes but as proceeding from the Ministers and Vicegerents of God himselfe whom they represent and whom God himselfe frequently enjoynes us to obey The 6th Is this No one man and by consequence not all mens consciences in the world may or can Iudge another mans conscience who standeth or falleth 〈◊〉 his owne Master Rom. 14. 4. 16. Ergo they cannot make Lawes to binde the conscience I Answer first that this text speakes only of privat Christians Judging one another in things indifferent as meates holy dayes c. when and where there is neither law of God nor man inhibiting the free use or refusall of them at the whole Chapter manifests Therefore it makes nothing against necessary ecclesiasticalâ— Laws Canons obliging men to obedience even in point of conscience 2ly The Apostle expresly concludes in this very Chap. v. 14. to 23. That in case of giving scandal and offence to weak Brethren we ought to abstaine from the very use of lawful indifferent things even out of conscience of the scandall hurt don thereby not simply of the things themselves though there be no law of God or man restraining or altering the indifferency or lawfulnes thereof that without any impeachment of Christian liberty Therefore when necessary or convenient things meerly indifferent in their nature are enjoyned by Superiors just Laws or inconvenient indifferent things prohibited for the publick good or peace they ought much more to be submitted to without impeachment of christian liberty out of Conscience of the Law and scandall which would follow the volation thereof and in obedience to the generall Law of God which commands obedience to such Lawes The 7. Objection is this There is one Lawgiver which is able to save and to destroy to wit Godâ— who art thou that judgest another Iam. 4. 12. Ergo none can make laws to bind the conscience but God I answer 1. that there is but one supream absolut Lawgiver which is God Is 33. 2. wch excluds not subordinat ones 2ly The Apostle saith not that there is ONLY one law-giver that can save and destroy neither will the words infallibly conclude there is but one such since humane law-givers can make Lawes to save or destroy the lives bodyes and Estates of men as appeares by Scripture and the Lawes of all Nations though not their Soules as they are meare humane Lawes but only collaterally as the wilful contempts and violations of them are sins breaches of the very law of God prescribing obedience to those Lawes in which sence they may secondarily destroy the very soules of men Thirdly This Text takes not away the power of making necessary tempâ—rall or Ecclesiasticall Laws for then no such Lawes could possibly be made by any But the meaning of the Apostle is this That onely God the Supreame Law-giver is able by his Law to make any indifferent lawfull thing necessary or unlawfull in it selfe in point of Religion or conscience and to change the meere indifferency of it into a thing simply good or evil and not humane Law-givers Therefore we should not judge or condemne one another in the use or neglect of those things which God himselfe hath left indifferent where there is no circumstance of scandall or contempt of humane Lawes to engage us to use or not to use them But it reacheth not to such humane Lawes Civill or Ecclesiasticall which command or prohibit things agreeable to the rules of Gods Word or things necessary and expedient for Order Decency Peace avoyding of scandall and other mischiefes which Lawes as Doctor Willet himselfe who makes this objection affirmes do binde the conscience notwithstanding this objected Text. And thus much for my Brothers first generall Objection His second is this That the Scripture holds forth and Christ in the New-Testament presoribes and layes down unto us but ONLY ONE and that a most compleat and exact forme of Church government and Discipline which ought not to be altered or varied from in the least title being a part of the Gospel and must be BUT ONE and THE SAME in all Nations Churches in all ages throughout the World precisely observed by all Churches without the least variation That the Independent way alone is this divine unalterable Evangelicall platforme Therefore nor King nor Parliament though assisted with a Synod of most pious and learned orthodox Divines justly may or can of right make any Ecclesiasticall binding Lawes for the government or Discipline of the Churches of Christ within their Jurisdictions it being indeed a meere adding to the Word of God prohibited under a curse Deut. 4. 2. c. 12. 22. Prov. 30. 6. Rev. 22. 18 19. Thus my deare Brother and other Independents Argue with more confidence than evidence of Scripture To which I answer first That though Christ and his Apostles have instituted in the Gospel all necessary Church-Officers as Evangelical Bishops Elders Ministers Deacons Pastors Teachers c. and likewise given some general rules for the Government and Discipline of his Church yet he hath neither instituted nor prescribed any such unalterable compleat exact forme of Church-government and Discipline in all ages and Churches in the New Testament as is pretended by many not evidenced by any My reasons are these First Because no such exact and punctuall platforme is or can be clearly demonstrated to us nor discovered by us in the Scripture upon most diligent scrutiny Quod non lego non credo hath alwayes been reputed a solid Argument in matters of Divinity and divine institutions The Apostle Heb. 7. 13. 14. argues thus negatively even in the point of Christs Priesthood because Moses spake nothing of the Tribe of Iudah concerning Priesthood And God himselfe argues thus Deut. 9. 12. 15. Ye saw no manner of similitude therefore ye shall make no likenesse or image of me I may safely argue negatively in like sort The Scripture speaks nothing of such an exact universall Platforme and we see no image or similitude of it in the Gospel Therefore there is no such Secondly Independents have been frequently pressed to shew us any such exactform of Church-government instituted and generally prescribed to all ages
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
seven to what Rules Covenants Orders Censures Government Discipline every private Minister Eldership or every major part of a congregation shall arbitrarily prescribe unto their members as suitable to the Word No doubt he that hath a doubtfull case in Law would rather have the advice of many solid Lawyers then one he that is sicke in body will give more credit to the opinion of the whole Colledge of Physitians upon debate then to one or two Doctors or Apothecaries Whence the policies of all States Churches in all Ages have reserved the power of making Lawes and setling matters of greatest moment to their most generall Councells Parliaments and Assemblies not to Cabinet Counsells or Vesteries Brother it is a true rule of Aristotle that men are better governed by Laws which continue constant inpartiall inflexible then by Men whose lusts passions interests and private ends doe for the most part byasse them awry holds as well in Ecclesiasticall as civill Constitutions Therefore this legislative power and Jurisdiction of Parliaments and Synods over particular Churches is so farre from being a prejudice or slavery to them that it is as great a priviledge and freedome as our Parliaments are to our Kingdomes which onely make binding Lawes for all and the only meanes to free us from an arbitrary Government The third thing my Brother objects is That all these Churches where the Apostles Preached were of absolute Authority among themselves respectively and equall one to another not one of them having jurisdiction over another The seven Churches of Asia the Churches of Ephesus Corinth Antioch c. exercising all jurisdiction within themselves alone not being subordinate to themselves or any other as others object And in the Primitive Churches next after Christ for two hundred yeares or more the Government was almost popular and every Church had equall power of ordaining and casting out their Minister and were independent one of another as appeares by the Centurists Cent. 1. c. 7. Tit de Consoâ—iatione Ecclesiarum and De Synodis privatis To this I answer 1. That there is no such thing in the first Century my Brother quotes nor any thing in the second but that one particular Church and Bishop was not then Lord and soveraign over another but it saith not they were not subject to the determinations of publick Synods 2. That none of the Churches planted by the Apostles were absolute and Independent as you pretend For first they were all subject to the Apostles rules and directions both Churches Ministers Elders as is evident by the whole History of the Acts and all the Epistles written to those Churches after they were planted prescribing Rules and Directions to them for to follow by Pauls sending for the Elders of the Church of Ephesus to him to Miletus and giving them there a charge concerning themselves and their flockes Acts 20. 15. to 36. by â— Cor. 11. 18. That which commeth upon me daily the care of all the Churches c. 1 Cor. 11. 34. The rest will I set in order when I come by his commanding them to deliver the incestuous Corinthian to Sathan 1 Cor. 5. 4 5. Tit. 1. 5 6. Therefore they were not Independent or absolute in themselves but subordinate to the Apostles 2. Though they were not subordinate immediately one to another as one single Parish Church now is not subordinate to another particular Church nor the Churches of one City Republike Kingdom subordinate to another yet they were all subject to a Parliament Synod or combination of many Churches in cases of differences new opinions c. which concern the purity of Religion the suppressing of Schismes the common Peace or weale of all Churches in which all have equall interest as is cleare by the Synodicall determination and decrees of the Apostles Elders and Brethren at Ierusalem who sent Decrees to all the Churches of the Gentiles to observe Acts 15. throughout c. 21. 24 25. which is thus expressed Ch. 16. v. 4 5. And as they went through the Cities they delivered them THE DECREES FOR TO KEEPE THAT WERE ORDAINED OF THE APOSTLES AND ELDERS WHICH WERE AT HIERVSALEM And marke the happy fruites and effects of those Decrees And so was the Church established in the Faith and increased in number daily It was well there were no Independents then they would have quarrelled both this Synod and its Decrees as they doe most strangly now or sought for to avoyd this unavoydable president argued as some doe now What we are Independent Congregations absolute and compleate within our selves what hath the Church or Synod at Jerusalem to doe to make Decrees for us to keepe who are under Christ alone as our onely King Head Governour Law-giver not under Apostles Elders Synods or any other Church who may not Lord it over us Hence then I argue that the Churches then were not Independent because they thus readily embraced submitted to the observation of these Synodall Decrees which our Independent Churches will not stoop to saying Their Churches are absolute intirely their owne who is Lord over them Adde to this that the Apostle in the 1 Cor. 11. 15. argues the unlawfulnesse of womens praying without vailes and of mens wearing long haire ad never longer in England then now in the Church of Corinth from the very custome of other Churches Neverthelesse saith he if any man seens to be contentious in opposing the premises we have no such custome NEITHER THE CHVRCHES OF CHRIST where Paul from the custome of all other Churches of Christ condemnes the irregularity of some in the Church of Corinth whence I argue If the lawful laudable customes only of all other or most of the Churches of Christ ought to oblige a sister Church that is singular and different from them to uniformity with them in things convenient and just as this Text manifests then by like reason the just Decrees and Canons of many Churches combined ought to oblige particular Churches which are under their precincts 3. Though the Church of Corinth did not exercise Jurisdiction or claime a power over the Church of Philippi nor one of the seven Churches exercise a Jurisdiction over the other as they were single Churches and under severall civill Government whose Magistrates then were not Christians yet Paul John and the other Apostles held a jurisdiction over them as their Epistles to them manifest and they all combined in a Synod had power by their Deputies one over another not as particular Churches but as a Synod wherein they were all combined as the second Century cap. 7. Master Rutherford his due Right of Presbitires Art 15. p. 355. to 480. to whom I sha refer the Reader My Brothers Argument therefore is but this in substance The Church of Sepulchres hath no jurisdiction over Saint Androwes nor the Church of Pauls over Westminster not the Church of England over the Church of France or Scotland Ergo a generall Councell or
3. m. 17. Cookes Institutes on Lit. f. 97. a. v Ne contra authoritatem potestatemque suam regiam quicqâ—am decerneret aut tractaret Antiquitates Eccles Brit. p 163 Matth. Paris hist Major p. 432. * Cookes Institutes part 4. p 322. 323. x Antiqu. Ecclesiae Brit. p. 210 211 212. 209. Thomas VValsingham Ypodigma Neustriae An. 1297. p. 83. 〈◊〉 Acts and Monuments p. 320 321. y 25. H. 8. c. 19 27. H. 8. c. 15. * Fox Acts Monuments Vol. 3. Edit 1641. p. 19. to 30. where the whole Disputation is related v Fox Vol. 3. p. 979. to 988. Nota. * Novel Constâ— 113. * 〈◊〉 Bridges 〈◊〉 supremacy 〈◊〉 Châ—istian Princes over all Persons throughout their Dominions London 1573 Haddon Contâ— Osorium l. 3. p. â—89 et alibi z Canons and Constitutions 1603. the Patent before them a Declaration before the 39. Articles printed at London 1â—28 Note Note Note Note * NOTE †See Q. Elizabeth Letters Patents to confirme the Canons made 1597. * See all the Ordinances and Orders of both Houses concerning the present Assembly †See the Arch-bishop 〈◊〉 Canterburies 〈…〉 Bishop Mountagues Bishop Juxons Archdeacon Fasks and others late Visitation Oathes Articles of strange nature * See 25. H. 8. c. 19. 27. H S. c. 15. Dr Fiâ—la of the Church l. 5. c. 53. * 24. H. 8. c. 12 31. H. 8. c. 9. 1. Ed 6. c. 2. 37. H. 8. c. 17. a See Sect 3 4 5 6. The Harmony of Confessions Sect. 19. 28. H. c. 10. 37. H. 8. c. 17. 1. Eliz. c. 1 2. The institution of a Christian man dedicated to King Henry the 8. by all the Clergy in Convocation cha â—f Orders Justinian Cod. l. 1. Tit. 4. 8. Niceph. Calisth Dedicat. hist suae ad Andronicum Imperat. Mr John Hales Oration to Q. Elizabeth Fox Vol. 3. p. 976 c. b Leges Edovardi Confes Lex 17. Fox Vol. 1. p. 174. c Bish Jewels defence of the Apology part 6. c. 11. to 15. Bish Bilsons True difference c. part 2. d 24. H 8. c. 12. 25. H. 8. c. 19 21. 26 H 8 c. 1 3. 27. H. 8. c. 15. 28. H. 8. 7 10. 31. H. 8 c 10 14. 32. H. 8 c. 22 24 26. 33. H. 8. c. 29 34. 35. H. 8. c. 17 19. 35. H. 8. c. 1 3. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1 2. 8. Eliz. c. e 1. Eliz. c. 1. 3. Jac c. 4 5. f Judg. 11. 8 to 15. Ephes 5. 22 23 24. 1 Cor. 11. 3 to 12. g Matth. 18. 〈…〉 Maâ—k 10. 15. h 25. E. 1 the statute of Carlile 24. H. 8. c. 12. 25. H. 8. c. 19 21. 26. H. 8 c. 1 3. 27. H. 8 c. 15. 1. Eliz c. 1 S. Eliz. c. 1. i Acts 17. 11. Mâ—tth 7. 15. c 24. 23 24 25 26. 1 Joh. 4 1. 2 Joh. 7 to 12. Col. 2. 8 18 19. Phil. 3. 2 1 Thes 5. 2â— Gal. 1. 6 7 8 9. 1 Cor. 10. 15. c. 11. 13. i Acts 17. 11. Mâ—tth 7. 15. c 24. 23 24 25 26. 1 Joh. 4 1. 2 Joh. 7 to 12. Col. 2. 8 18 19. Phil. 3. 2 1 Thes 5. 2â— Gal. 1. 6 7 8 9. 1 Cor. 10. 15. c. 11. 13. k See Chrysostom Theodoret Theophylact in Rom. 1â— Dr Oraâ—â—nthorp of the Popes temporall Monarchy l Paraeus in Rom. 13. dub 5. See Dr Wilâ—et and Peter Martyr ibid. * See Marâ—â—lius Patavinus Defensoris Pacis pars 2. cap. 21. 28. c Iosh 24. 24 25 26 27. d 2 Chron. 30. 1. to 7. e Esther 3. 20. to 32. f Dan. 6. 5. to 11. g Ionah 3. 5 7. h Nicephor Câ—â—â—ist Ecclâ—s Hist l. 8. c. 7. 25. Eusebius Pamph De Vita Constartini l. 3 c. 12 14 15 16 17 18. i Ibid c. 19. See Niâ—ephor l. 8 c. 26. k Euseb De Viâ—d Constantini l 4 c. 17. * Subscripserunt Augustus Constantinus mater ejus Helena Surius Tom. 1. p 362. cap. 2â— l Surius Coâ—cil T. 1. p â—17 6. Sozoâ— Eccles Hist l 4. c. 13. Centur. Magdeburg 4. col 851. m Ecclesiast Hist l. 12 c. 13. Surius Concil Tom. 1. p. 48â— 484. Socrates Scholast Hist â— 5. â— 8 10. n Codicis l. 1. Tit. De Haereticis Lex 2. 136 fol. 23. Tit. 4. de Summa Trinitate Lex 2. o Sozomen Eccâ—es Hist l 4â— c 13. Centur. Magdeburg 4. Col. 538. p Surius Tom 1. p. 434 435. Niceph. Eccles Hist l. 9 c. 40 41. Socrates Scholasticus Eccles Hist l. 2. cap. 37. q Surius Concil Tom. 1. p. 577 578 579 581 582. r Surius ibid. p. 616 617. Å¿ Willets Synopsis Papismi 3. Generall Controversie Quest 4. p. 136. t Sur Tom. 2. p 19. 134 135. Bâ—shop Jewels Reply to Harding Artic. 4. p. 213. u Sur. Tom. 2 p. 10. 14. x Act. 3. Sur. ibid p. 134. y Sur. ibid. p 133 134. Jullâ—â—ian Codiciâ— l. 1. Tit. 4. de Summa Trinitate Lex 3â—â— Surius Tom. 1. p. 85 86 87 134 â—36 215 216 219 to 274 sparsim are the like Decrees and Letters of theirs confirming this Councell z Jusâ—iniani Codex l. 1. tit 4. De Summa Trinitate Lex 2. fol. 3 4. a Epist 7 9 12 13 16 17 23 24 29 31 33 36 37 40 41 42 43 44 45 47 48 49 52 53 55 56 57 58 62 67 68 71 72 73 95. b Sur. Tom 2 p. 25 38 55 58 66 67 95 106. c Sur. Concil Tom. 2. p. 462 491 494 496 497 500 502 521 529 530. d Sur Concil Tom. 2. p. 668 669 670 to 677. b Surius Tom. 2. p. 676. NOTA. A Coercive Law under severe penalties c Sur. Tom 2. p. 686 687. d Sur. Tom. 2 p. 727. e Ibid. p. 727 f Ibid p. 738 g Ibid. p. 728. * Surius ibid. p. 739. h Sur. Tom. 2 p. 741 to 746. i Sur Tom. 2. p. 854 855 857 863 864. k Ibid. p. 864. l Ibid p. 864 865 866. m Sur Tom. 2. p. 867 870 872 873 874. n Sur. Ibid. p. 880. 887. o Surius Concil Tom. 2. p 899 to 940. sparsim p Ibid. p 902 904 906 907 908 928 929 930 931 932 934 935 936 939 944 945 947 964 965 966 967 980. 981 983 984 987 990 991 992 993 998 1000 to 1013 1016 to 1030. q Ibid. p. 1021 1022. r Ibid p. 1025 to 1031. Å¿ Ibid. p. 1031 1032 1033. t Ibid. p. 1034 * Note q Sur. Tom. 2 p. 1039. r Sur. Tom. 3. p. 2 10. Å¿ Sur. ibid. p. 1. to 12. t Surius ibid. pag. 2. 9. NOTA. u Sur. Tom. 3 p. 39 40. f Sur. Tom. 3. p. 40 41. g Vbicunque Dominus Rex jusserit IN EIVS PRAESENTIA Sur. Tom. 3. p. 42. h Sur. Tom. 3. p. 48 49 50 51 52 56 60 61 64 65 70 71 72 78 79 80 90 91 92 93 95 127 128 13â— 138 140 182 183 187 188 189. i Sur. Tom. 3â— p. 232 238 247 to 252. k
1073. g Hist Novotum lib 1. p. 6. h Malmesb dr Gestis Ponâ—â—f AngloÌ„rum p 214. 215. 1075. 1093. i Eadmerus Hist Noverum lib. 1. p. 26. to 31. k Historia Angl. p. 190. l Hadmerue Histor Novorum l. 3. p. 6â— Willielmuâ— Malmâ—â—bury de Gestis pontif Anglorum l. 1. p 228. 〈◊〉 Annal. pars prior p. 469. Math. Westm An. 1102. p. 23. Antiquitares Ecclesiae Brit. p. 104 105. m Jotnal Histor Antiqui Ecclesiae Brit. p. 105. n Matth. Paâ—is Histor Angl. Anno 1107. p. 25. 26. Roger â—oveden Annal. pars 1. p. 60. Eadmerus Hist Novorum l. 4. p. 91. o Eadmerus Hist l. 4. p. 94. 95. Haec sunt statuta de Archidâ—aconibusâ— c. qua Dominicae incarnat Aâ—iouis 1108. statueâ—â—nt Ansel Coâ—tuarâ—ensis Archiepiscoput Thomas Ebor acensiâ— Archiepiscoâ—us electus cum eo alii Episcopi Angliaâ— In presentia gloriosi Regis Henrici essensu Comitum et Baronum suoâ—um â—atutum est 〈◊〉 Regeni Haveden Analâ— pars prior p. 472. p Eadmerus Hist l. 5. p. 114 115. 116. 〈◊〉 p. 49 50 51. * A meere â—orgery and untruth See Section â— q Eadmerâ—â— Ibidem p. 117. 1114. r Ibid. p. 1â—8 Å¿ Eadmerus Hist Novorum l. 3. p. 58. Note t Eadmerus Hist. l. 6. p. 137. 138. 1125. u An. 1125 p. 499 500. See Râ—ger Hoveden Annal parsprâ—orp 478 Math Westm Anno 1125. p. 31. Mathew Paris An 1125 p. 67. Henry Huntindon Hist l. 7. p. 382. Cum eadem diâ—â—â—â—pus Christi conâ—ecisset Meretrice post Vesperam interceptuo est Res apertissima negari non potuit celari non decuit Summâ— honor ubique habitus in summum dedecus versus est c. write our Popish Monkeâ— See John Bale his Acts of English Votaries Holingsheâ—d Speed and others y Continuatio ad Florentium Wigorniâ—sem p. 503. 504. 505. z Continuatioâ—â—â— Floreâ—tium Wigorniensem p. 519 a Roger Hoveden Anâ—al pars prior An. 1138. p. 485. b Hoveden Ibid. Anno 1139 484. c Mathew Westm Anno 1142. p. 28. Mathew Paris An. 1142. p. 76 Roger Hoveden Anno 1142. p. 488. Gulielmus Neubrigensis l. 1. c. 18. p. 27 d Artic. Cler. c. 3 22 Asâ— 70. 11. H. 4 88 20 E 4 10 b. 22 E. 4 20 12 H 7. 22 23 C. â—4 report fâ—o Fitz. Na Brâ—s 51 k 52 m. 53. â— e Antiqu Eccles Briâ— p 117 f Nubrigensis Hist l. 2 c 9 p. 112. 113. 113. See Ioannis Marius Zaberel Theodoricus a Niem de Schismate g Eadmerus Hist Novorum l. 2. p. 23 33. h Eadmerus Hist l. 2. p. 25 26 27 28 29 30 31 32. i Gulielmns Nubrigensis Rer. Angl. l. 1. c. 25. k Hoveden Annal. pars posterior An. 1175. p. 542. Speeds Hist of great Britaine p. 521. 1175 l Hoveden ib. p. 546. 547. Antiquitates Ecclesiae Brit. p. 94 95. 1175 m Hoveden ibid. An. 1176 p. 548 549 550. 1176 n See Eadmerus hist Novorâ— l. 4. p. 97 l. 5. p. 139 to 135. Malmesbury de Gestis Pontif. Anglor l. 3. p. 272 273. o Annal. part posterior An. 1176. p 550 1176 p Hist l. 3. c. 1. p 210 211. q In vita Richardi p 125 126 Å¿ Math. Westm Anno 1226 p. 118. 119. 126. Math Paris An 1226. p. 316. Antiquitates Ecclesiae Brit. pi 153. 154. t Math. Paris p. 319. Antiquitates Ecclesiae Brit. p. 119. 120. v Math. Paris Hist Angl. An. 1231. p. 359. 1231. x Matth. Paris An. 1136. p. 431 432 433. Math. Westm An. n. 237. p. 146. Antiquitates Ecclesiae Brit. p. 163 164. 1236. 1288 y Antiquit. Ecclesiae Brit. p. 205. Se loannis de Aton Constit Provinciales f. 139 131. 1296 z Antiquit. Ecclâ—siae Brit. p. 209 210 211. Matthew Westminster An. 1295 1296 1297. p. 408. 409. 410. Thomas Washingham Ypodigma Neustriae An. 1296 1297. a See Fox Acts and Monuments p. 388. Bishop Iewels defence of the Apology of the Church of England part 6. c. 2. divis 1. p. 522 habito Rex cum suis Baronibus Parliamento Clero excluso Statutum est c. b Antiquitates Ecclesiae Brit. p. 314 315. 1418 c See Sir Edw Cookes Institutes on Magna Charta c. 1. Matthew Paris p. 53. 249 296. King Henry the 1. and 2. d Matthew Paris p. 96. 97 98 99. See Eadmerus Houeden Hollingshed Speed Daniel in the life of King Henry the 2d and Antiqu. Ecclesiae Brit and Godwin in the life of Becket * Matthew Paris ibid. f The Antipathy of the English Lordly Prelacy c. part 1. p. 17. to 29. K. Henry 3. K. Edw. 1. K. Edw. 2. K. Edw. 3. K. Rich. 2. K. Henry 4. K. Henry 5. K. Henry 6. K. Ed. 4. K. Rich. 3. K. Henry 7. K. Henry 8. K. Edward the 6th Q. Mary Q. Elizabeth K. James K. Charles a Crompton Iurisdiction f. 1. 2. Conâ— 4. Institutâ— p. 9. b Walsingham Hist Angliae p. 188. 204. to 210. 302. to 307. Fox Acts and Monuments vol. 1. p. 556. to 570. c Walsingham Hist Angl. p. 302 303. d Acts and Monuments vol. 1. p. 618 619 620. * See Boanerges oâ— the Supplication of the Ministers of Scotland to the high Court of Parliament of England Master Henry Burton his Israels Fast the Epistle Dedicatory The Petition of the Lincolnshiâ—e Ministers c. * Redly to A. â— p. 111. See my Brother Burtons Vindication p. 44 45. 60 51 62. e Part. 6. c. 2. Divis 1. p. 641 643 654 â—â—5 f The true difference betweene Christian subjection and unchristian Rebellion part 3 p. 540. 541. 4â—2 543. NOTA. FRANCE Fredericus Lindebrogus Codex Legum Antiquarum g See the Title p. 1. Adâ— dit 4. f. 304. Hinemari Epist ad Epis copos quosdam Franciae et Ludovico Regi And Fridericus Lindebrogus Codex Legum Antiquarum p. 322. c. h Caroli Magni c. Capitula p. 328. 329 Fridericus Lindebrogus Codex legum Antiquarum p. 1193. 1196. 1197. i Acts and Monuments vol. 1. p. 461. to 478. Edit 164. Spaine Bohamia Denmarke Italy Fredericâ—â— Lindebrogus Cod Legum Antiquarum m Ib. f. 363. n Ib. f. 400. Fridericus Lindeb ogus Ibid. f. 265. 166. o Ib. f 439. p Ib. f. 442. q Ibid. f. 498 591. r Ibid. f. Å¿ Ib. 694. r Codicis l 1. Tit. 1. to 12. Novel Const 3. 5 6. 16 37. 42 67. 77 83 79 123 131 132 133 141 144 146 1â—â— 117. Ireland Scotland u Hector Bâ—ethius lib. 10. Spelman Concil p. 340. 342. x See Regiam Majestatem Or Auld laws constitutions of Scotland collected by Sir Iohn Skene printed at Edinburgh 16â—9 * Knox History of the Reformation of Religion in the Realme of Scotland l. 3. p. 127. to 135. * Ibidem p. 250. 251. to 278. See the Doctrine and Discipline of the Kirke of Scotland Leâ—â—e lib. 10. Buchanon Hist l. 16. 17. 18. * Page 96. 97. 98. * See my Brother Burtons Vindication p. 69. * â— Theomachia â— 48. 49.