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
Edicts and to ratifie their Canons against them sending their Legates to the Emperor for that purpose The Bishops in the third generall Councell of Ephesus write to Gallimar King of Persia supplicating and beseeching his Majesty to ayd Religion which was impugned and speedily to correct their madnesse and tyranny that inclined to heresie Yea they beseeched Theodosius the Emperor that by his godly Letters hee would ratifie and confirme the Decree of the Councell and Theodosius of blessed memory CONFIRMED ALL THINGS BY A GENERALL LAW that were determined in that generall Councell saith the first Action of the Councell of Chalcedon Martianus the Emperor in the fourth generall Councell of Chalcedon speaks thus Wee after the example of Constantine have thought good to bee present in this Synod TO CONFIRME THE FAITH not to shew our power Yea this Emperor in the close of that Councell saith SACRO NOSTRAE SERENITATIS EDICTO VENERANDAM Synodum CONFIRMAMVS By the holy Edict of our Majesty Wee confirme that Reverend Synod Which hee ratified with this Edict Let no Clergy-man Souldier or any of any other condition endeavour to treat of the Christian faith henceforth publikely in assemblies met together and hearing them seeking from hence an occasion of tumult or perfidiousnesse For hee doth injury to the judgement of the most reverend Synod if any shall strive to debate againe things once judged and rightly ordered when as those things concerning the Christian faith which are now controverted are known to be defined by the Priests which met together at Chalcedon by Our Precepts and decreed according to the Apostolicall Expositions and Institutions of 318. holy Fathers and of 150. more in this Royall City For punishment shall not bee wanting to the contemners of this holy Law because they not onely goe against the Faith truly expounded but also prophane the holy mysteries to Jewes and Pagans by this contention Therefore if hee be a Clerke who shall publikely adventure to treat of Religion let him be removed from the fellowship of Clergy-men but if a Souldier let him be spoyled of his Girdle likewise others who are guilty of this crime if they be Free-men let them be banished out of this Royall City and also by the Judiciary Power subjugated to competent punishments but if they be Servants let them be corrected with most severe chastisements The Emperors Gratian Valentinian and Theodosius by this Imperiall Edict confirmed the Decrees of the first generall Councell of Nice long after they were made as Constantine the great had done at their enacting Vnius Summi Dei Nomen ubique celebretur Niceneae Fidei dudum à majoribus traditae divinae Religionis testimonio atque affertione firmatae OBSERVANTIA SEMPER MANSVRA TENEAT c. Yea Pope Leo himselfe in sundry Epistles exhorts Theodosius Leo Martianus the Emperors and Pulcheria the Emperesse to defend the Catholike Faith concluded and defined in the Councells of Nice Ephesus and Chalcedon against the Heretiques that opposed them to ratifie and maintaine the Decrees of these Councells by their Imperiall authority to represse the Heretiques and disanull the Constitutions of the 2. Councell of Ephesus contrary to them and not to suffer those things to be redebated which their Fathers according to the Apostles Doctrine had confirmed nor yet to suffer those Heresies to spring up again which they had condemned A cleare Evidence that the Canons and Determinations of generall Councells are no wayes obligatory and altogether invalid unlesse ratified by Imperiall Edicts In the Councell of Chalcedon Action 1. when some would have added an Explanation to the Canon of the Councell of Nice the Egyptians Orientalls and the Bishops that consented with them cryed out Nemo suscepit adjectionem nemo diminutionem Quae in Nicca constituta sunt teneant Catholicus IMPERATOR HOC JVSSIT After this upon another occasion the whole Synod saith Quod Impertalis praecepit autoritas omnibus modis observandum est Justum est quae à piissimo Principe praecepta sunt effectus mancipari Et necesse nobis erit in omnibus Imperatoris Christi amici cedere jussioni Omnia referantur ad cognitionem clementiae Imperialis Postulamus ejus referri clementiae Et si jusserit criminali causa alterum pro altero decertare hoc suscipimus praecipuè quia universalem praecepit fieri Synodum Et necesse est majores causas in eum reservare Concilium The first generall Councell of Constantinople with the Decrees and proceedings thereof were ratified by the Imperiall Edicts of Justinian the Emperor who summoned it yea swayed and directed it what to doe and how to proceed causing Pope Vigilius to give an account of his Faith therein and ratifying the Faith and Canons of the foure first generall Councells In the third Councell of Toledo King Reccaredus who summoned it sate President therein making two Orations to the Bishops assembled in it exhibiting to them a Confession of the Christian Faith subscribed by himselfe and his Queene Badda with their owne hands in these words Ego Reccaredus Rex fidem hanc sanctam veram Confessionem quam unà per totum orbem Catholica confitetur Ecclesia corde retinens ore affirmans mea dextra Deo protegente subscripsi Ego Badda gloriosa Regina hanc fidem quam credidi suscepi manu mea de toto corde subscripsi This Confession of the Faith to which was annexed the Creeds of the Councells of Nice Constantinople and Chalcedon the King commanded to be publikely read in the Councell to the end that it might be examined and confirmed therein which was done accordingly all the Bishops in that Councell subscribing it and not onely they but likewise the Presbyters and Deacons yea all the Nobles Senators and Elders of the whole Gothish Nation among whom were Gussinus Fonsa Afrila Achila Flavius with other Noble-men ET OMNES SENIORES GOTHORVM ET TOTIVS GENTIS GOTHICAE who were present and had voyces in that Councell subscripserunt After which Subscription of this Profession of the Faith the King made another Oration to the Councell commanding them to make certaine Canons for the Government of the Church and Reformation of Manners De caetero autem prohibendis insolentium moribus ME A VOBIS CONSENTIENTE CLEMENTIA sententiis terminate districtioribus firmiore disciplina quae facienda non sunt prohibete ea quae fieri debent immobili constitutione firmate Whereupon they compiled 23. Canons the second of them for the reciting of the Creed in all Churches every Lords day hath this clause in it CONSVLTV piissimi gloriosissimi Reccardi Regis constituit Synodus The eighth this Jubente autem consentiente Domino Reccaredo Rege id praecepit Sacerdotale Concilium The tenth this Annuente gloriosissimo Domino nostro Reccaredo hoc sanctum affirmat Concilium The fourteenth this Suggerente Concilio id gloriosissimus Dominus noster Canonibus
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
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
severall Iurisdictions to submission and reall obedience especially when just and agreeable to Gods Word or at least to passive whiles in force where unjust or contrary to the Word Hence the publike Laws Ordinances Edicts of Parliaments and general Assemblies of the Estates have in all Kingdomes Ages without the least dispute oblieged regulated all Corporations Societies Persons within their severall jurisdictions because they are the Representative Body and supreame power of those Realms where all are virtually present and consenting when all or the major part at least assent Hence the whole World have ever held the determioations Creeds Canons Decrees of Oeumenicall Nationall or Provinciall Councels ratified by Emperors Kings and Parliaments obligatory in point of jurisdiction to all Churches persons within their jurisdictions And in truth the chiefe end use of Parliaments Councels Synods approved by God and the higher powers ordained by him is not to advise admonish perswade debate or deliver their opinions of doubts errors mischiefes for this every private man hath power to do and containes no stampe of jurisdistion Power or Authority in it But authoritatively to prescribe Lawes Canons Rules and determinations oblieging otherrs to obedience under paine of exemplary censures and penalties Sixthly It cannot be gainsayd but every man and woman in the world considered meerly as such or as single persons stript of all their naturall civill or Ecclesiasticall relations are of equall Authority and have no jurisdiction power or superiority at all one over another no more than fellow servants fellow Citizens or neighbors out of office have over one another yet look upon the selfe-same persons as they stand cloathed with their severall Relations as members of a family Corporation City Kingdome Church and their very relations make them subordinate and lyable to sundry superiour jurisdictions not only by way of counsell but command Thus children servants wives Pulpits are by a naturall relation established by a Morall Law and sundry divine Precepts subject to all the just Lawes Orders commands of their Parents Masters Husbands not onely by way of Counsell or advise which they may obey or reject at pleasure but of Iurisdiction and Authority so farre as to be enforced to obedience and justly punished for disobedience or neglect according to the quality of the offence and contempt Thus inferiours of all sorts in a politicke relation onely as subjects to their Princes to all subordinate Magistrates Officers in their respective places of power Kingdomes to their Parliaments Cities to their Majors Aldermen and Common-Councell Companies to their Masters Wardens and Assistants Souldiers to their Generals Commanders of all Rankes Schollars to their Tutors Colledges to their Rectors mariners to their Masters both by the Law of God Nature Nations Dictat of common reason are subject to all just orders Mandates of these their superiours to which they must yeeld obedienceâ— under paine of such punishments as are answerable to their contempt and disobedience The same rule and reason holds as firmely in all Ecclesiasticall Relations Take severall private Christians as Christians or severall Parishes or Congregations as they are such and it is certain one of them hath no Iurisdiction nor power at all over another in any Ecclesiasticall matters either to prescribe Lawes to or inflict censures upon one another but only a power to exhort admonish reprove advise or assist one another in a brotherly way But yet looke upon the selfe-same particular persons Churches as Members of a Parochiall or Nationall Church and then in this Relation they are and ought to be subject to the just rules precepts Canons Orders of the Ministers and whole Congregation of which they are Actuall Members even in point of conscience and every particular Church must and ought readily to submit to the just Canons Constitutions Orders determinations Ecclesiasticall Censures of the whole Representative Nationall or Provinciall Church Councell â—ynod ratified by Authority of Parliament in a Regular way under paine of Obâ—inacy Contempt Disobedience and exemplary punishment there being the selfe-same reason and equity for severall combined Churches in a Councel Synod Presbytery to have a coeâ—cive power over every particular Church within their limits as for any particular Congregation to claim or exerise a jurisdiction in point of direction or correction over any or every particular member of it Our Independents no doubt will grant that if two or three severall Congregations unite themselves into one Church they do by vertue of this union become all lyable to the Iurisdiction Canons Orders Determinations Censures of that one Church and those who whiles divided had no authority nor power but onely of their owne members have by this union a Iurisdiction over the Members of all these Churches thus eonjoyned into one As it is with several persons united into one Corporation Society Church or when severall powers Or jurisdictions meet and joyne together in one as the Parliaments Commissioners Armies of two Provinces Kingdome in one Parliament Councel Army the Lords Commons Knights and Burgesses of every County Citty Town and Burrough in both Realmes in one Parliament they have by this their union the whole power and authority of both united Kingdomes Armies Parliaments and a joynt Iurisdiction over both which they had not before whiles seperated even as a Major or King hath when as severall Cities Townes Villages Kingdoms as our ancient Saxon Heptarchy are all conjoyned into one City Realm and therby subordinated to one new Iurisdiction If this then must be yeelded to me it will inevitably follow by the selfe-same reason that severall particular Churches being united together in one Synod Councell Assembly Parliament or Presbytery even for this very end and purpose to prescribe such generall Canons erect such a uniforme Church-government and Discipline for the publicke peace and benefit of the Church as shall equally binde all Churches victually present and combined in it must have a lawfull Iuridicall Legislative power in them to make such Laws Canons as shall binde all particular Congregations not onely as advises or brotherly counsels but as vigorous Lawes which subject the particular persons or Churches who transgresse or contemne them to condigne punishment as the reasons Scriptures formerly alleaged to prove that humane Lawes obliege the conscience in point of obedience abundantly demonstrate These uncontrolable verities never yet so much as doubted in any Age till this clearely discover the falsity and vanity of my Brothers objection to which I will give this further direct answer 1. I deny that every particular Church or Congregation in a Christian State where there are many adjacent Churches under the selfe same Civill Government is an absolute compleat independent Body City or Republike of it selfe as is objected to all intents and purposes without dependency on or relation or subordination to any other True it is that in some respects so far as concerns its own private interest it is a compleate body having a Minister
TRVTH TRIVMPHING OVER FALSHOOD ANTIQVITY Over NOVELTY OR The First Part of A just and seasonable Vindication of the undoubted Ecclesiasticall Iurisdiction Right Legislative Coercive Power of Christian Emperors Kings Magistrates Parliaments in all matters of Religion Church-Government Discipline Ceremonies Manners Summoning of Presiding Moderating in Councells Synods and ratifying their Canons Determinations Decrees As likewise of Lay-mens right both to sit and vote in Councells here proved to be anciently and in truth none other but Parliaments especially in England both by Scripture Texts Presidents of all sorts and the constant uninterrupted Practices Examples of the most eminent Emperors Princes Councells Parliaments Churches and Christian States especially of our owne in all ages since their embracing the Gospell In Refutation of M r. Iohn Goodwins Innocencies Triumph My deare brother Burtons Vindication of Churches commonly called Independent And of all Anti-Monarchicall Anti-Parliamentall Anti-Synodicall and Anarchicall Paradoxes of Papists Prelates Anabaptists Arminians Socinians Brownists or Independents Whose old and new Objections to the contrary are here fully answered By William Prynne of Lincolnes Inne Esquire Jer. 6. 16. Thus saith the Lord Stand yee in the wayes and see and aske for the OLD PATHES where is the GOOD WAY and walk therein and yee shall find rest for your soules But they said Wee will not walke therein Luk. 5. 39. No man also having drunk OLD WINE straightway desireth NEW for he saith THE OLD IS BETTER Tertul. de Praescrip adver Haeres Ex ipso ordine manifestatur id esse Dominicum Verum quod sit priùs traditum id autem Extraneum Falsum quod sit posterius immissum Decem. 3. 1644. It is Ordered by the Committee of the House of Commons concerning Printing that this Book entituled Truth Triumphing over Falshood Antiquity over Novelty be printed by Mich. Sparke Senior John White London Printed by John Dawson and are to be sold by Michael Sparke Senior 1645. TO THE HIGH COVRT OF PARLIAMENT Right Honourable HAving had the Honour through Gods assistance to be a meane though cordiall Instrument of Vindicating The Soveraigne Power of Parliaments and Kingdomes in all Civill or Military affaires which concerne the State in Foure severall Volumes against all Opposites whatsoeever which they have for the most part satisfied or put to silence I expected a Quietus est from all other Controversies concerning the Iurisdiction of Parliaments especially in Ecclesiasticall matters which most imagined had been put to eternall silence when our Lordly Prelates lost their Votes and Session in Parliament by a publike Law But alas I know not by what evill Genius and Pythagorean Metempsychosis the Anti-Parliamentary Soules formerly dwelling in our defunct Prelates earthly Tabernacles are transmigrated into and revived in a New-Generation of men started up of late among us commonly known by the Name of INDEPENDENTS who though for the most part really cordiall in their Affections Actions to the Parliament and Church of England for which and for their piety they are to bee highly honoured yet some of them are of late become extremely derogatory and destructive unto both in their Anarchicall and Anti-Parliamentary Positions For which and for their late gathering of Independent Churches contrary to Your Parliamentary Injunctions they are to be justly blamed as great disturbers of our publike Peace and Vnity It is the observation of learned Voetius and Vedelius That the Arminians in the Netherlands for the advancing of their owne Faction and more facill accomplishment of their private ill Designes did before the Synod of Dort and in the beginning thereof exceedingly cry up the Power of the Civill Magistrate and States of Holland in Ecclesiasticall matters both by Writing and Preaching ascribing to them the highest Jurisdiction and Power of giving ultimate Judgement in all Controversies of Faith and Ecclesiasticall matters arising in the Church as a Prerogative belonging immediately under Christ to them alone And thereupon they appealed to the States from the Ecclesiasticall Classes as the proper Iudges of the Controversies they had raised in the Belgick Churches But at last after the Synod of Dort had determined against their Arminian Errors and the States established their Determinations prohibiting the Preaching or Printing of any Arminian Tenets with the private Independent Congregations and Conventicles of the Arminian Party they presently altered both their opinions and practice crying downe the Authority of the States and Civill Magistrate as fast as they had cryed it up both in their Apologies and Sermons contracting yea denying them that very power which before they had so liberally measured â—ut unto them affirming that the States had no power at all over their private Congregations that it was not any right or part of their Office to obliege men by their authorities to the Decrees of Synods however agreeable to the word of God and that they ought not to use any coactive Power or Authority in such cases to obliege them to conformity This Practice of the Arminians was by M r Thomas Edwards by way of prediction applied to the Independents in these very tearmes And it may be feared however these Apologists NOW to ingratiate themselves and being let alone in their Church-way say they give more to the Magistrates than the Presbyteriall and that they professe to submit and to be most willing to have recourse to the Magistrates Iudgement and Cognizance and Examination of Ecclesiasticall Causes yet when they shall come once to be crossed and the Parliament by the advice of the Assembly to settle the Government of the Church and by their Authority to bind them to things agreeable to the word wee shall see then what they will say of the Magistrates Power There are too many speeches already since the Assembly out of their feare how they may goe which have fallen from many Independents THAT PROGNOSTICATE THEY WILL DOE BY THE PARLIAMENT AS THE REMONSTRANTS DID AFTER THE SYNOD OF DORT BY THE STATES Which Prognostication hath fallen out accordingly For since that time our Independents having felt the Pulses of the Assembly and Parliament bearing but very gently by way of debate against their Anarchicall and Anomolous New-Way derived from their good friends the German Anabaptists and Separatists and supported only with their Arguments as I am fully able to demonstrate they have not only in Presse and Pulpit cryed up their Way as the Onely Way Kingdome and Scepter of Christ and denyed all opposition in word deed or thought against it as a direct FIGHTING AGAINST GOD and promoted it publikely and privately with all their Industry Policy Power setting up New Independent Congregations in every corner but even with open mouth pen hand contrary to their former Solemne Vowes Covenants Protestations which I feare they have over-much forgotten cryed downe and fought against the very Ecclesiasticall Power and Legislative Authority of the High Court of Parliament it self and Supreme Temporall Magistrates proclaiming
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
of Canterbury in their and every of their distinct Courts and in the order and manner of their and every of their proceedings and by all other persons within this Realme as far as lawfully being members of the Church it may concerne them And further to conferre debate treat consider consult and agree of and upon such other points matters causes and things as we from time to time shall deliver or cause to be delivered unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation in writing under Our Signe Manuell or privie Signet to be debated concluded consulted and concluded upon the sayd Statute or any other Statute Act of Parliament Proclamation Provision or restraint heretofore had made provided or set forth or any other cause matter or thing whatsoever to the contrary notwithstanding And we do also by these Presents give and grant unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation and to the rest of the Bishops of the said Province of Canterbury and to all Deanes of Cathedrall Churches Archdeacons Chapter and Colledges and the whole Clergy of every severall Diocesse within the said Province full free and lawfull liberty licence power and authority That they the sayd Lord Archbishop of Canterbury President of the sayd Convocation and the rest of the sayd Bishops and other the Clergie of the same Province or the greater number of them whereof the sayd President of the sayd Convocation to be one all and every the sayd Canons Orders Ordinances Constitutions matters Causes and things so by them from time to time conferred treated debated considered concluded and agreed upon shall and may set down in writing in such forme as heretofore hath been accustomed and the same so set down in writing to exhibite and deliver or cause to be exhibited and delivered unto Us to the end that we upon mature consideration by us to be taken thereupon may allow approve confirme and ratifie or otherwise disallow annihilate and make voyd such and so many of the sayd Canons Orders Ordinances Constitutions matters causes and things so to be by force of these Presents considered consulted and agreed upon as wee shall thinke fit requisite and convenient Provided alwayes that the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be considered consulted or agreed upon as aforesaid be not contrary or repugnant to the Liturgy established or the Rubrick in it or the nine and thirty Articles or the Doctrine Orders and Ceremonies of the Church of England already established Provided also and our expresse will and commandement is That the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be by force of these presents considered consulted or agreed upon shall not be of any force effect or validity in the Law but only such and so many of them and after such time as we by our Letters Patents under our great Seale of England shall allow approve and confirme the same any thing before in these presents contained to the contrary thereof in any wise notwithstanding c. In witnesse whereof We have caused these our Letters to be made Patents Witnesse Our selfe at Westminster the twelfth day of May in the sixteenth yeare of our Reigne Per Regem Ipsum Willys To which I shall adde the Kings further Warrant for making a particular Canon and Oath in the late Convocation Charles R. MOst reverend Father in God right trusty and right entirely beloved Councellour Right reverend Fathers in God right trust and well-beloved and trusty and well-beloved We great you well Whereas We out of our meere grace and favour and for the good and peace of the Church have granted to you our Arch-Bishop of Canterbury free leave and licence under our great Seale of England bearing date the twelfth of this instant May to propose treat and conclude upon all such necessary Articles and Canons which you shall finde fit to be ordered for the peace and government of this Church Provided that you shall thereby have no power to meddle with nor alter any thing ratified and confirmed by Act of Parliament And whereas we have further in that Licence which we have granted unto you reserved power to our selfe to command you to propose treat and determine of any such thing or things as we shall recommend unto you under our Signe Manuall or Signet These are therefore to will and require you to propose treat and conclude upon such a Canon as may secure us and all our loving subjects against all growth and encrease of Popery in this our Kingdom as also of any hereticall or schismaticall opinions to the prejudice of the doctrine or discipline of this Church of England established by Law And that in this case you agree upon some Oath to be taken by your selves and all the Clergie respectively and by all which shall hereafter take upon them holy Orders that they shall adhere constantly to the doctrine and discipline here established and never give way for so much as can any way concerne them to any innovation or alteration thereof And when you have made this Canon and inserted this Oath we require you to present it to us that we may advise upon it and if upon mature consultation we approve it we shall confirme it and then give you power under our great Seale both to take the said Oath your selves and to administer it to all such as the Canon appoints Given under our Signet at our Court at White-hall the seventeenth day of May in the sixteenth yeere of our Reigne To the most Reverend Father in God our right trusty and right entirely beloved Councellour the Lord Arch-bishop of Canterbury Primate and Metropolitane of all England To the right Reverend Fathers in God our right trusty and well-beloved the Lords Bishops and to our trusty and well-beloved the rest of the Clergie now assembled in Convocation 3 ly by the Kings letters Patents for Confirmation of those Canons after they were made presented to be confirmed by him In the first canon whereof they thus truly resolve That a supream Power is given to this most excellent Order of Kings by God himself in the Scriptures which is That Kings should rule and command in their severall dominions all persons of what rank or estate soever whether Ecclesiasticall or Civill and that they should restrain and punish with the temporall sword all stubborn and wicked doers The care of Gods Church is so committed to Kings in the Scripture that they are commended when the Church keeps the right way and taxed when it runs amisse and therefore her government belongs in chief unto Kings For otherwise one man would be commended for anothers care and taxed but for anothers negligence which is not Gods way The power to call and dissolve Councels both nationall and provincial is the true right of all Christian Kings within their own Realms or Territories
And when in the first times of Christs Church Prelates used this power 't was therefore onely because in those dayes they had no Christian Kings And it was then so onely used as in times of persecution that is with supposition is case it were required of submitting their very lives unto the very laws and commands even of those pagan Princes that they might not so muchas seem to disturb their civil Government which Christ came to confirm but by no meanes to undermine CHARLES by the Grace of GOD c. Now for asmuch as the said Lord Arch-bishop of Canterbury President of the said Convocation for the province of Canterbury and the said Arch-bishop of Yorke President of the said Convocation for the Province of Yorke and others the said Bishops Deans Arch-deacons Chapters and Colleges with the rest of the Clergie having met together respectively at the time and places before mentioned respectively and then and there by vertue of Our said authority granted unto them treated of concluded and agreed upon certaine Canons Orders Ordinances and Constitutions to the end and purpose by Vs limited and prescribed unto them have thereupon offered and presented the same unto Vs most humbly desiring Vs to give our Royall assent unto the same according to form of a certain Statute or Act of Parliament made in that behalfe in the 25th yeer of the Reign of King Henry the eighth and by Our said Prerogative Royall and Supream authority in Causes Ecclesiasticall to ratifie by Our Letters Patents under Our great Seal of England and to confirm the same The Title and Tenour of them being word for word as ensueth Wee of Our Princely inclination and Royall care for the maintenance of the present Estate and government of the Church of England by the Lawes of this Our Realme now setled and established having diligently with great contentment and comfort read and considered of all these their said Canons Orders Ordinances and Constitutions agreed upon as is before expressed And finding the same such as Wee are perswaded will be very profitable not only to Our Clergy but to the whole Church of this Our Kingdome and to all the true Members of it if they be well observed Have therefore for Vs. Our Heires and lawfull Successours of Our especiall grace certaine knowledge and meere motion given and by thâ—se presents doe give Our Royall Assent according to the forme of the said Statute or Act of Parliament aforesaid to all and every of the said Canons Orders Ordinances and constitutions and to all and every thing in them contained as they are before written And furthermore We do not onely by our said Prerogative Royall and supreme Authority in Causes Ecclesiasticall ratifie confirme and establish by these Our Letters Patents the said Canons Ordinances and Constitutions and all and every thing in them contained as is aforesaid but do likewise propound publish and straightly injoyne and command by Our said Authority and by these Our Letters Patents the same to be diligently observed executed and equally kept by all Our loving Subjects of this Our Kingdome both within the Provinces of Canterbury and Yorke in all points wherein they do or may concerne every or any of them according to this Our will and pleasure hereby signified and expressed And that likewise for the better observation of them every Minister by what name or title soever he be called shall in the Parish Church or Chappell where he hath charge read all the said Canons Orders Ordinances and Constitutions at all such times and in such manner as is prescribed in the said Canons or any of them The Booke of the said Canons to be provided at the charge of the Parish betwixt this and the Feast of S. Michael the Arch-angell next ensuing straightly charging and commanding all Archbishops Bishops and all other that exercise any Ecclesiasticall jurisdiction within this Realme every man in his place to see and procure so much as in them lyeth all and every of the same Canons Orders Ordinances and Constitutions to be in all points duly observed not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same as they tender the honour of God the peace of the Church the tranquillity of the Kingdome and their duties and service to Vs their King and Soveraigne In witnesse whereof We have caused these Our Letters to be made Patents Witnesse Our Selfe at Westminster the thirtieth day of Iune in the sixteenth yeare of Our Reigne By all these Patents with others of like nature directed to all our Convocations by our Kings in former and latter times by Our present Parliaments manner of calling limiting directing our present Assembly of Divines in all particulars of their proceedings and debates appointing some eminent Members of both Houses to sit and consult together with them and to certifie all their results and determinations to them to be considered rectified rejected or approved by both Houses as they in their wisdomes shall see cause and by the fore-cited premises it is most apparent that the Arch-bishops Bishops Clergy and Convocation of England assembled Synodically together much lesse then any particular Independent Minister or Congregation notwithstanding all their late printed vaunts of their Ecclesiasticall soveraigne Iurisdiction by divine right and power to prescribe and enjoyne Visitation-Oaths Articles new Rites and Ceremonies of their owne Inventions both unto Ministers and people which they seconded with their practice to the insufferable grievance and oppression of the people are so farre from having any lawfull right power and authority to make prescribe any Ecclesiasticall Injunctions Canons Lawes Rites Ceremonies or forme of Government to any of his Majesties Subjects that though they be lawfully assembled together in a Provinciall or Nationall Synod by the Kings owne Writ or Parliaments command yet they cannot legally or of right so much as treat debate consult of any Ecclesiasticall affaires without a speciall licence first obtained from the King or Parliament and then only of such generals or particulars as they shall prescribe them much lesse compile enact promulge impose or execute any Ecclesiasticall Canons Lawes Injunctions Ordinances Oaths without their speciall approbation and ratification of them by their speciall Letters Patents under the great Seale and by Act of Parliament too as hath been lately resolved by unanimous consent of both Houses in the case of the condemned new booke of Canons The like I have proved of the Bishops Clergie Councels in other Christian Empires and Kingdomes Where then is that immense Episcopall jurisdiction authority preheminence superiority power in point of dominion over and beyond that of ordinary Ministers which our Lordly Prelats lately so much boasted of and pleaded for as due unto them by no lesse then divine institution if we may beleeve them not by the Grace Patents Grants or connivence of Christian Princes Let these swelling ambitious Grandees
to abate this windy tumour consider with themselves that all their greatnesses piled together in a generall or Nationall Synod though steepled with the Popes owne Chaire and three-forked Miter cannot so much as treat of debate dispute determine any Church-affaires much lesse constitute or promulge any new Ecclesiasticall Lawes Canons Articles Ceremonies Rites c. without the previous licence and permission of those temporall Princes and Powers that summon them nor yet exercise any manner of Ecclesiasticall jurisdiction whatsoever more then the poorest Vicar and Curate breathing that is a Minister lawfully ordained without the Kings Letters Patents or Commission authorizing them which erected their Bishopricks Diocesse and Episcopall jurisdiction at the first and must still support them else they will fall to utter ruine and then all their pretended claimes and crackt title of jus divinum with all Independents Anabaptists Brownists Anti-monarchicall Anti-parliamentall fancies concerning the jurisdiction and authority of their Independent Congregations opposite to the premises will vanish into ayre If any deeme the premised power of Christian Princes and Civill Magistrates in limiting Synods and Councels thus to be derogatorie to the lawfull authority of Bishops Ministers Synods or Independent Churches Ianswer that it is not so forthese ensuing reasons First because the chiefe care of preserving the purity of Gods Worship Ordinances Religion the Churches peace prosperity and of suppressing all heresies errours schismes corruptions superstitions contrary thereunto is committed to Christian Princes and supreme temporall Magistrates both by the Lawes of God the constant acknowledgment use practice constitutions lawes canons of all Christian Empires Kingdomes Councels Synods in all ages and the Coronation-Oaths of all Emperours Kings Princes in the Christian World which oblige them to discharge this trust as the subsequent Sections will abundantly manifest Therefore the power of directing Synods Councels in debating matters of controversie making Lawes Canons c. concerning all or any of the premises and the confirming of them ought principally to belong to them Secondly because Christian Emperours Kings Princes are the supreme heads and Governours under Christ in and over all Ecclesiasticall persons Assemblies Synods Councels Churches within their owne Dominions as well as temporall and our Kings of England are declared to be such by severall Acts of Parliament by the Oaths of supremacy and Allegeance which all ought to take within their respective Dominions Therefore they ought of right to direct and order all manner of proceedings in such Ecclesiasticall Assemblies Synods it being the duty and just right of every Naturall and Politicke head to direct the members as of the head of the family to regulate and direct the family wife c. by way of authority or jurisdiction not they the head Thirdly because the Bishops and Clergy of our owne and other Realmes have no Legislative power or other Ecclesiasticall authority vested in them by the Word of God but onely to preach the Word administer the Sacraments and to binde or loose mens sinnes declaratively by preaching or applying the Gospel to them according as they finde them penitent or obstinate in their sinfull courses and no more of other Ecclesiasticall jurisdiction then what is derived to them by our Kings and the Lawes of this our Realme as is resolved in these expresse termes by the Statute of 37. H. 8. c. 17. The Arch-bishops Bishops Arch-deacons and other Ecclesiasticall persons of this Realme have no manner of Iurisdiction Ecclesiasticall but by under and from the Kings royall Majestie the onely and undoubtea supreme head of the Church of England and Ireland to whom by holy Scripture all authority and power is wholly given to heare and determine all manner of causes Ecclesiasticall and to correct all vice and sinne whatsoever and to such persons as his Majestie shall appoint thereunto And by the Statute of 1. Ed. 6. c. 2. in these words That all jurisdiction spirituall is derived and deducted from the Kings Majestie to all Bishops and Ecclesiasticall persons within England and Ireland as supreme head of these Churches and Realmes of England and Ireland and so instly acknowledged by the Clergie of the said Realmes and that all Courts Ecclesiasticall within the said two Realmes be kept by no other power or authority either forraigne or within the Realme but by the authority of his most Excellent Majesty whereupon it enacts That all their Processe shall issue out under the Kings Seale and in his Name and Stile as in Writs originall and judiciall at the common Law with which sundry other Acts of Parliament concurre Now the Kings and Lawes of this our Realme have given the Clergie assembled in Councels Synods and Convocations no other but such a limited power and authority as is expressed in the fore-cited Statutes of 25. H. 3. c. 19. 27. H. 8. c. 15. and mentioned in the premises Therefore they neither can challenge nor pretend to claime any other but such a limited and confined authority the rather because they are assembled to such meetings as our Assembly is now onely as advisers and assistants not as Judges or Law-givers Therefore the keeping of them to the fore-mentioned limits can neither be an infringement or eclipsing of their just priviledges or Christian liberty Fourthly because every particular Christian is to try the spirits doctrines and determinations of Ministers by the Scriptures whether they are of God or not and to beware yea judge of false Teachers doctrines and no wayes to receive them as the Marginall Texts abundantly evidence and all Orthodox Divines assert Much more then are Christian Princes the chief Defenders of the Christian faith to judge and determine of them therefore to give particular directions to and in all Synods Councels how to proceed and what to treat of for suppressing false Teachers Heresies Schisms Errours advancing Religion Truth unity and sincerity of Gods Worship within their territories and Churches Fifthly because every soule as well Bishops Ministers and all other Ecclesiasticall persons as temporall subjects is and ought to be subject to Christian Princes and the highest temporall powers who are to provide for their spirituall as well as their temporall welfare Therefore they ought to be regulated and directed by them when assembled by their Writs in Councels or Synods for their spirituall good SECT 3. Of Confirming Ratifying the Canons Decrees and Resolutions of Councells Synods by Christian Princes Peers Parliaments before they become valid or obligatory Of the Presence and Power of Christian Princes Nobles and other Lay-men in Councells That many or most Councells Synods in ancient and latter times especially in England were in truth meere Parliaments wherein Christian Princes Nobles Senators and Lay-men met and voted as well as Bishops and other Ecclesiasticall persons And that no Canons Lawes Articles concerning Gods Worship Religion Church-Government Ceremonies were ever lawfully prescribed or imposed on any Subjects of our Realme but
by Parliament only THirdly As Bishops and Clergy-men have no power at all to summon Councells Synods or Convocations nor yet to treat or conclude of any Ecclesiasticall Canons or Constitutions in them c. without the speciall licences of Kings under their Great Seals authorizing them so I shall next manifest that when Councells or Synods have by vertue of their license agreed on and composed any such Articles Canons Constitutions Orders Ceremonies c. they cannot print publish promulge impose execute or put them in ure nor are they of any binding force or authority till they are approved ratified confirmed by Kings and Christian Princes Subscriptions Imperiall Edicts Patents Acts of State and Parliament and that most ancient Councells Synods were but Parliaments wherein Kings Nobles and Lay-men were present as well as Clergy-men This I shall manifest by some Presidents both abroad and at home in all ages To begin with Scripture Testimonies When all the whole Congregation of Israel assembled by the summons of Joshua had in their Convocation at Shechem made a Covenant Ordinance and Statute that they would serve the Lord and obey his voyce Joshua being then their chiefe Governour confirmed the same by writing it in the Book of the Law of God and erecting a great stone in the place for a witnesse thereof When the Princes and all the Congregation in Jerusalem assembled by King Hezechiah had took counsell together and concluded to keep the Passeover in the second Moneth because they could not doe it on the first the King established their Decree by his Proclamation and Letters When the Jewes upon Mordecai his Letter to them had in a publike Convocation ordained and took upon them and their seed to keep the feast of Purim throughout every generation family province and city in remembrance of their great deliverance from Hamans conspiracy against them Queene Esther and Mordecai wrote with all authority and confirmed this Feast and Decree by their Letters the Decree of Esther Yea we read that when the Presidents Governours Princes Counsellours and Captains of King Darius to entrap Daniel moved him to establish a royall Statute and make a firme Decree that whosoever should aske a petition of any god or man for thirty dayes save of the King hee should bee cast into the Lyons denne they brought this Decree to Darius to establish and signe that it should not bee changed requesting him to signe it who did it accordingly else it had not been obligatory And wee likewise find in Scripture that when as the King of Nineveh and his great men upon Jonah his preaching had made a Decree for a publike Fast the King confirmed and published it to bee observed by his Proclamation To come to Councells under Christian Princes and Emperours The first famous Synod of Nice with the Constitutions Canons and Decrees therein compiled were confirmed by the Imperiall Edicts of Constantine the Great who sate President in it Edictum quod quidem pondus habebat autoritatem cum hac Epistola Imperator in singulas misit Civitates writes Eusebius Who records further of him That hee confirmed and consigned by his authority the Canons made by Bishops in publike Councells that so it might not bee lawfull for the Princes of other Nations to abrogate the things which were decreed by them Which had been invalid without his Imperiall confirmation The Councell kept at Rome under Pope Sylvester was confirmed by the subscription of Constantine and Helena his mother The second generall Councell of Constantinople after they had finished their Decrees and Canons sent them with this Epistle to Theodosius the Elder desiring him to ratifie them In the beginning verily of our writing to your Piety wee give thanks to God who hath constituted the government of your Majesty for the common peace of the Churches and the CONFIRMATION of the true Faith But giving God due thanks wee likewise referre to your Majesty those necessary things which are acted in the sacred Councell to wit that from the time wee assembled at Constantinople by your Majesties command wee have first of all renued our mutuall concord between us and after this we have prescribed and pronounced as it were certaine Conclusions or Canons in which we have confirmed and approved the faith of the Fathers assembled at Nice and have rejected with extreme execration and detestation the preverse heresies and wicked opinions which have sprung up against it Moreover also for the right setling and ordering of the state and discipline of the Churches wee have enacted and prescribed certaine Canons all which wee have annexed to this our Writing Wee therefore beseech your Clemency VT PER LITERAS TVAE PIET ATIS RATVM ESSE IVBEAS CONFIRMES QVE CONCILII DECRETVM that by your Majesties Letters you would command the Decree of the Councell to bee ratified and confirme the same and as you have honoured the Church with those Letters by which you have called us together so you would likewise CORROBORATE WITH YOVR DECREE AND SEALE THE SVMME AND CONCLVSION OF THOSE THINGS WHICH ARE DECREED And hereupon writes Nicephorus CONSTITVTIONE QVO QVE IMPERATOR SANXIT the Emperour enacted by his Constitution that the authority of the Nicene Creed should bee firme and perpetuall and that all Churches in all places should bee committed to those who professed one Divinity of the Father Son and holy Ghost in the subsistence of three Persons of the same honour and glory And likewise made a Law that those who abhered from the profession of this faith should not keep any Ecclesiasticall assemblies nor should not presume thenceforth to preach concerning the Faith nor have power to elect or consecrate any one that they should bee banished out of the City and Country fined and have no communion with other Citizens c. Which Edicts of his are Registred verbatim by Justinian The Synod of Ancyra sent Legates to Constantius informing him that Eudoxius did study to deprave the Faith requesting him TO CONFIRME THOSE THINGS which were decreed at Sardice Syrnium and in other Synods So the Catholike Bishops in the Councell of Ariminum write to the same Constantius beseeching him to heare their Orators who should declare unto him the Sentence of that their Councell in writing and not to permit any innovation or change but to suffer them to rest in those things which were lawfully defined and decreed by their Ancestors and that nothing might be added to or detracted from their Constitutions but that they all might remaine untouched and intire as they were preserved by the piety of his Father till that time The Councell of Africk Can. 25. to 32 34 42 51 59 60. and the Bishops therein assembled make divers petitions and requests to the Emperor Honorius and the temporall Judges and Magistrates to reforme Idolatry suppresse the Donatists and reform many abuses by them complained of by their Lawes and
inserendum praecipit The sixteenth this Hoc cum consensu gloriosissimi Principis sancta Synodus ordinavit The eighteenth this Ex Decreto Reccaredi Regis simul cum Sacerdotali Concilio All badges that those Canons were made by the Kings Direction Counsell Decree and Command Who ratified them all with this publike Edict Gloriosissimus Dominus Reccaredus Rex universis sub regimine nostrae potestatis consistentibus Amatores nos sui faciens divina veritas nostris principaliter sensibus inspiravit ut causa instaurandae fidei ac disciplinae Ecclesiasticae Episcopos omnes Hispaniae nostro praesentari culmini juberemus Praecedente autem diligenti cauta deliberatione sive quae ad fidem conveniunt sive quae ad morum correctionem respiciunt sensus maturitate intelligentiae gravitate constant esse digesta Nostra proinde autoritas id omnibus ad regnum nostrum pertinentibus jubet ut ea quae definita sunt in hoc sancto Concilio habito in urbe Toletana anno regni nostri feliciter quarto nulli contemnere liceat nullus praeterire praesumat Capitula enim quae nostris sensibus placita disciplinae congrua à praesenti conscripta sunt Synodo in omni autoritate sive Clericorum sive quorumcunque omnium observentur maneant Then followes a Recapitulation of all the 23. Canons and after them this clause Has omnes Constitutiones Ecclesiasticas quas summatim breviterque perstrinximus sicut plenius in Canone continentur manere perenni stabilitate sancimus Si quis ergo Clericus aut Laicus harum sanctionum obediens esse noluerit si Episcopus Presbyter Diaconus aut Clericus fuerit ab omni Concilio excommunicationi subjaceat si verò Laicus fuerit honestioris loci persona est medietatem facultatum suarum amittat fisci juribus profuturam si verò minoris loci persona est amissione rerum suarum mulctatus in exilium deputetur Flavius Reccardus Rex hanc deliberationem quam cum sancta definimus Synodo CONFIRMANS SVBSCRIPSI Then followes the Subscription of the Bishops and others A pregnant testimony that Bishops in Councells have no power at all to debate and determine any matters of Faith or make any Ecclesiasticall Constitutions but by the Princes License that all their Constitutions Canons and Determinations without his Confirmation are invalid and not binding That Lay-men have definitive voyces in Councells and have confirmed them with their Subscriptions and that Councells in ancient times were no other but Parliaments wherein the King the Clergy Nobles and Elders of the people not the Clergy onely assembled to make Lawes and Constitutions and conclude of matters of Faith Of which more anon in its due place The Decrees and Canons of the first Councell of Matiiscon were ratified by the Royall Edict of King Guntramnus who summoned it which begins and concludes in this manner Guntramnus Rex Francorum omnibus Pontificibus ac universis Sacerdotibus cunctis judicibus in regione nostra constitutis c. Cuncta ergo quae hujus Edicti tenore decrevimns perpetualiter volumus custodiri quia in sancta Synodo Matisconensi haec omnia sicut nostis studuimus diffinire quae praesenti autoritate vulgamus Subscriptio Domini Guntramni Regis data sub die 4. Idus Novemb. 24. Regni supra scripti Regis The fourth Councell of Toledo after it had decreed Church affaires in 73. Canons by King Sisenandus his command who summoned his Bishops to Toledo Aera 681. VT EJVS IMPERIIS AT QVEjVSSIS communis ab ipsis agitaretur de quibusdam Ecclesiae disciplinis tractatus and entred into the Synod cum magnificentissimis nobilissimis viris exhorting the Synod to pray for him and to be mindfull of his Fathers Decrees and to doe their diligence to confirme to him the Ecclesiasticall Lawes and to correct those things which whiles they have come into use through negligence have by usurpation procured a license to themselves against Ecclesiasticall manners Which Synod rejoycing at these his admonitions according to his and their owne desire having made so many Canons concerning Religion and Church Discipline close up their Constitutions with a Canon of State concerning the Oath of allegiance of Subjects to their Prince and their loyalty towards them in the carriage establishing the Title of Sisenandus as lawfull against all others claimes Now all those Canons as they were made by the License and Direction of this King cujus tanta devotio erga Deum extaâ—t ut non solum in rebus humanis sed etiam in causis divinis solicitus maneat say this Councell to his honour so they were likewise ratified by him as appears by this close at the end of the Canons Definitis itaque his quae superius comprehensa sunt ANNVENTE RELIGIOSISSIMO PRINCIPE cujus devotio nos ad hoc decretum salutiserum convocavit placuit deinde nulla re impediente a quolibet nostrum ea quae constituta sunt temerari sed cuncta salubri consilio conservari The fourth Canon of this Councell shewes that Judges and Lay-men may and ought to be present in Councells In the fifth Councell of Toledo King Chintillanus who summoned it entred into the midst of the Synod with the Nobles and Elders of his Palace atque hanc institutionem quam EX PRAECEPTO EJVS decreto nostro sancimus divina inspiratione PRAEMISIT scilicet ut in câ—ncto regno à Deo sibi concesso specialis propria haec religiosa omni tempore teneatur observantia c. saith the Prologue and first Canon of the Councell So that hee both prescribed and ratified the Canons of this Councell the 4 5 6 7 and 8. Canons whereof concerne the State the King his Crowne Title and Succession The Canons of the sixth Councell of Toledo were ratified by King Chintillanus with the assent of his Nobles and great men who were present in it as appears by the words of the 2 14 15 16 17 18 19. Canons which determine of State affaires touching the King and Crowne and confirme the Canons formerly made and ratified by the Kings consent Cui omnium gubernatio superno constat delegata judicio but most apparently by the third Canon Inspiramine summi Dei Excellentissimus Christianissimus Princeps ardore fidei inflammatus cùm regni sui Sacerdotibus praevaricationes superstitiones Judaeorum eradicare elegit funditus nec sinit degere in regno suo eum qui non sit Catholicus ob cujus fervorem fidei gratias Omnipotenti Domino coelorum agimus c. Quocirca consonam CVM EO corde ore promulgamus Deo placituram sententiam SIMVL ETIAM CVM SVORVM OPTIMATVM ILLVSTRIVMQVE VIRORVM CONSENSV ET DELIBERATIONE SANCIMVS A cleare evidence that the Nobility and Gentry were present and had voyces in that Councell which was in nature of a Parliament as the State Canons of it manifest Vt quisquis
Canons of the Church in and by a Common Councell and Parliament as well of the Nobles and Commons as of the Prelates and Clergy as is evident by this passage in the Manuscript Tables of Robert Winchelsy Arch-Bishop of Canterbury WILLIELMUS Rex Angliae DE COMMUNI CONCILIO Archiepiscoporum Abbatum OMNIUM PROCERUM REGNI SUI Leges Episcopales quae non berè nec secundum Sanctorum Canonum praeceptae fuerunt sicut nec sunt his diebus OBSERV AND AS IN CONCUSSE JUDICAVERIT c. And by this his rescript to Remigius Bishop of Lincolne WILLIELMUS Gratia Dei c. Sciatis vos omnes caeteri mei fideles qui in Angliamanent quod Episcopales leges quae non berè nec secundum Sanctorum Canonum praecepta usque ad mea tempora in regno Anglorum fuerunt COMMUNI CONCILIO et consilio Archiepiscoporum meorum caeterorum Episcoporum Abbatum OMNIUM PRINCIPUM REGNI MEIEMEND AND AS JUDICAVI Proptereamando Regia authoritate praecipio ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus amplius in HUNDRET placita toneant c. In the Councell of Rhoan Anno 1073. William the Conqueror sate chiefe President And decreed many things as well touching Ecclesiasticall Affaires as the benefit of his new Kingdom of England Among other things it was there decreed Judicatum est praesidente Rege Anglorum Gulielmo writes Matthew Westminster the King himselfe being president that Monkes who by force assaulted their Abbotts as the Monkes of Andoem had assaulted and slaine their Abbot at that time whiles hee was saying Masse in any Abbies should there be thrust into prison for it which before it seemes they could not be This Councell was no other then a Parliament diverse temporall Lawes as well as Ecclesiasticall being enacted therein and both ratified approved by this King who as Eadmerus stories of him would not so much as suffer the Arch-Bishop of Canterbury Primate of all his Realme when hee sate President in a generall Councell of Bishops assembled together to decree or prohibite any thing but such things as were suitable to his will and had first been ordained by himselfe In the Councell of London under Lanfranks An. 1075. Concessum est Regia MUNIFICENTIA Synodali authoritate Episcopis de villis transire ad Civitates By the Kings Royall munificence and the authority of the Synod liberty was granted to Bishops to remove from the Villages wherein they resided unto Cities whereupon Herman Bishop of Schiroburne removed to Salisbury Stigand from Selescia removed to Chichester Peter from Litehfield removed to Chester the King ratifying the constitution of the Synod and ordering this removeall An. 1093. King William Rufus assembled a Councell of his Bishops Abbots and Nobility of the whole Kingdome that they might By their common assent determiue and discusse whether Anselme Archbishop of Canterbury could Keepe his faith to the King or not saving that faith reverence and obedience which he owed to the Apostolike See of Rome which he would by no means violate A weighty question surely of a loyall Prelate The Bishops Abbots and Nobility of the whole Kingdome almost Ex Regia Sanctione assembled at Rochingham Castle on the fifth day of March at one a Clocke in the afternoone to debate this businesse but the King commanded all things to be adjourned till the morrow Quia Dies Dominica erat because it was the Lords Day an unmeet time to discusse such a businesse as this was On the morrow in medio Procorum conglobatae multitudinis eos assistentem Monachorum Clericorum LAICORUM numerosam multitudinem sic loquitur c. Lo here the Nobles Commons as well as the Bishops Abbots and Clergie assembled in a Councell to wit a Parliament to determine a case of conscience and that at Anselms request This matter being long debated and Anselme continuing refractory the busines was defetâ—ed till after Whitsuntide In the Councell of London under Lanfranke summoned by King William Rufus Anno 1095. Vlstan Bishop of Worcester was deprived of his Bishopricke by the Kings sentence and verdict quasi homo idiota c. Ipso rege consentiente hoc dictante decernitur deponendus saith Matthew Paris the King sitting chiefe president in it In the Councell of London Anno 1102. under Anselme the King and his Nobles were present as well as the Bishops and Ahbots that whatsoever was therein decreed might be approved ratified and observed by the unanimous care and solicitud of both orders For soit was necessary A plain testimony that the Councells of England in antient times were no other but Parliaments and that their Canons ound not any unlesse confirmed by King and Parliament At this Councell write Wil. Malmesbury Eadmerus Anselme the Archbishop requesting it of the King Primates Regni the great men of the Kingdom were present quatenus quicquid ejusdem Concilii authoritate decerneretur VTRJVSQVE ORDINIS CONCORDI CVRA ET SOLJCITVDINE RATVM SERVARETVR SJC ENIM NECSSE ERAT quum multis retre annis Synodali cultura cessante viciorum vepribus succrescentibus Christiana religionis fervor in Anglia nimis reripeat which they thus preface out of Anselmes owne Copy and relation Anno 1102. quarto autem Praesulatus Paschalis Summi Pontificis tertio Regni Henrici gloriosi regis Anglorum ipso annuente celebratum est Concilium in ecclesia beati Petri in â—ccidentali parte juxta Londoniam sita communi consensu Episcoporum et Abbatum et Principum totius regni In this Councell held at Westminster therewere 26. Canons compiled some against Priests mariage and Wives which when Giraldns Archbishop of Yorks enjoyned his Clergie to observe all the Clergie of his Province refused to submit to them being unwilling to part with their Wives or to vow Chastity as some of those Canons enjoyned them to the execution whereof the great discord betweene the King and Anselme concerning the investitures of Bishops being an obstacle produced to this effect Necanones hujus Synodi legum vim ac potestatem sortirentur That those Canons should not obtaine the force and power of Lawes Anno. 1107. another Councell was held under Anselme in King Henry the first his owne Palace in which Councell The King assented and enacted that from thenceforth no man should be invested into any Bishoprick or Abbie of England by the King or any Layman by giving him a pastorall staffe or a Ring Proceres Regni the Peeres of the Realme writes Eadmerus were called to this Councell and the King assented to and ratified this Act Astante multitudine ac per Consilium Anselmi et Procerum Regni the Commons standing by him by the Councell of Aâ—selme and of the great men of the Realme This Councell then was a Parliament and this Canon assented to both by the Commons Peeres and King â—o make it valid Not long after this King
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
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
his Les Edicts et Ordonnances dos Royes de France A Paris 1585. Tom. 4. throughout wherein you may see an whole Folio volume of Ecclesiasticall Lawes and Edicts made by the Kings and Parliaments of France to which for brevity I shall remit the Reader For Spain the forecited Councels of Toledo which were but Parliament and assemblies of the Estates The lawes of the Wisigothis especially lib. 1â— De removendis OMNIVM HAERETICORVM SECTIS exterms DE OMNIVM HAERETICORVM ATQVE IVDAEORVM ERRORIBVS AMPVTANDIS which you may read at large in the third some of Hispâ—â— Illustrata p. 992. to 1014. and in Fredericus Lindebrogus his Codex Legum Antiquarum France-furtii 1613. p. 210 to 238. together with the Generall history of Spain Joannes de Laet. Hispaniae Descriptio Hieronimus Blanca Rerum Arragenensium Commentarius will furnish us with sufficient Presidents of their Parliaments Iurisdiction in matters of Religion and making Ecclesiasticall Lawes in all Church matters For Bohemia Georgius Bartholdus Pontanus his Bohaemia pia l. 7. De Rebus Gestis sub Ludovico Rege lib. 1. c. 8 9 10 12 24 25 21 29 30 31. lib. 2. c. 3 to 24. l. 3. c. 2 6. l. 4. c 1 711 18 33 34. Pauli Geschinii Majestas Carolina sine Constitutiones Caroli 4 Romani Imperatoris quibus illo Regniâ—â— Bohemiae firmandum ornandumque censuit Handviae 1607 Rubr. 1. De fide Catholica Rub. 2 4 5. De hareticis c. Aeneas Sylvius his Historia 〈◊〉 Pauli Stranhii Respub Bohemiae Master Fox his Acts and Monuments 〈…〉 Grimstons Imperiall History will furnish us with sundry Presidents where their Kings and Parliaments have determined and settled matters of Religion and Church-government in that Kingdome not Synods of their Clergy For Denmarke Hungary Poland and Sueden the Lawes and Historians of these Kingdomes abundantly testifie that their Parliaments and generall Assemblies of State have alwayee settled matters of religion and Church-government See Guagninus Chromerus Saxogrammaticus Pontanus Chyâ—â—â— Rer um Ungarirarum Scriptores For Italy I find that Theodoricus King of Italy among his temporall Laws intiteled Edictum Theodorici Regis hath many Ecclesiasticall constitutions intermixed as cap. 26. 70. 71 168 125 143. and 174. De die Dominico prohibiting arrests or citations thereon The like I finde among the Lawes of the b Burgundians made by Gundebald their K. by the advise and consent of his Nobles Coram positis Optimatibus nostris universa pensavimus iam nostra quam eorum sententia mansuris in aeuum legibus sumpsimus statuta praescribi cap. 28. 44 45. 51. â— Additamenti primi cap. 18. Additamentum 2. cap. 12. Among the Lawes of the Almains made in the time of King Chlotair una cum Principibus suis id sunt 33. Episcopis 33. Ducibus 72. Concitibus vel cetero populo constiâ—â—ta est writes my Author I finde sundry Ecclesiasticall Lawes intermixed with temporall as cap. 1. 24. and cap. 38. De eo qui die DOMINICO opera servilia fecerit Which first enacts Die dominico nemo opera servilia prasumat facere quia hoc Lex prohibet sacra Scriptura in omnibus contradicit And then prescribes bast inadoing to a servant that shall worke on the Lords day and to a freeman after three admonitions the forfeiture of the third part of his inheritance and for the 4th offence perpetuall villainage Quia noluit Deo vacare in sempiernum servus permanâ—â—â— In the Lawes of the Bavarians first compiled by King Theodoricus by the advise of Wisemen skilfull in the Lawes afterwards proceeded in by King Childebert and Clothaire and renued by King Dagobert by advise of his Parliament as this Preface to them attests Hoc DECRETUM est apud Regem Principes ejus â— apud CUNCTUM POPULUM CHRITIANUM qui intra Regnuâ—◠〈◊〉 consistunt I finde the first Title to bee DE ECCLESIASTIC IS REBVS De libris legum justitutionum qua ad CLERVM pertinent Concerning whom there were many very good Lawes enacted I meet with sundry Lawes made by Tassilo Duke of Bavaria Anno Do. 772. Et per PRIMATES Imperij unmerso CONSENTENTE MVLTITVDINE c. Est ab universis uno ore confirmatum c. Many of which Lawes are meerely Ecclesiasticall As the first for the honour and sanctifying of the LORDS DAY Sicut in Lege Scriptum est in decretis Canonum and cap. 2 3 4 6. De Popularibus legibus cap. 10. 11 12 20. So also in the Aditions of Charles the Emperour to the Bavarian Lawes Addit 1. c. 1. 8. and Addit 2. cap. 7. 8 10. Among the Lawes of the Saxons cap 2. sect 8 9. There are some Lawes relating to the Church In the Prisons Laws chap. 18. There is this Law concerning the LORDS DAY Qui opus servile die Dominico fecerit ultra Laubachi sol 12. in caeteris locis Prisiae 4. Sol. culpabilis indictum Siseruus hoc fecerit vapuletur aut Dominus ejus 4. Solidos pro illo componet Additio Sapientum to these Laws Tit. 1. and 12. Concerne the Church Among the Lawes of the Lombards l. 1. tit 2. chap. 2. lib. 2. tit 8 38 39. lib. 3. tit 1. De Episcopis Clericis tit 3. De decimis tit 10. De Rectâ—â—ibus Ecclesiarum tit 11. De Pontificibus tit 26. De excommunicatione and tit 30. 32 40 are wholly Ecclestasticall In the Lawes and Constitutions of those of Napleâ— and Sicily made in the yeare 1221. lib. r. tit 1. 2. Dâ— Haereticis 〈◊〉 eorum Receptoribus Fauctoribus c. tit 3. De Apostatis tit 5. De Crimine sacrilegij tit 7. De Decimis and Tit. 29. 65 68. lib. 3. tit 1. 2 3. 20 25 26 28 43 51 58 59. are meerely Ecclesiasticall concerning Religion the Church and Clergie Not to mention the many Ecclesiasticall Lawers and edicts made by some of the Roman and Greeke Emperors with the consent of their Senators recorded in Iustinian in Codice Theodosij lib. 16. throughout and many of them inserted by Gratian himselfe into his Decrees and body of the Canon Law and reduced under severall heads by Paulus Windeck in his Theologia Iurisconâ—â—â—torum Canonum Legum Consensus Not to rehearse the many Lawes and edicts of the German Emperors Princes Diets touching Religion and Church affaires of all sorts mentioned scatteringly in Abbas Usâ—eigensis Sabellicus Rerum Germanicarum Scriptures Ioannes Aventinus Auâ—alium Boyorum Master Fox Fasciculus Rerum expetendarum Hermaennus 〈◊〉 Grimstons Imperiall History Constitutiones Imperat Parisijs 1606. 〈◊〉 Comment Chytraus Chron Saxoniae and Augustana Confessto fidei Dictrina Electorum Principum Ordinum Imperij atque corundem Theologorum qui Augustanam Confessionem amplectuntuâ— subscribed by all the Protestant Princes Dukes Earles Barons Councels Senates Senators of Germany presented to the Emperor and printed yea reprinted by all their speciall Commands
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
eclesiasticall over us or passe any censures upon us but only Christ himselfe Brother if such Antimonarchicall Antiparliamentall and Anarchicall Logicke and Divinity be ever taught and beleeved in the world which cutts asunder the nerues and dissolves the very foundation of all Governments and Relations whatsoever whether naturall civill or Ecclesiasticall what an horrible confusion will be immediatly produced to the utter distruction of all Kingdomes Republiques Churches Families Societies Corporations in the World let all prudent men Judge Yet this is the dangerous Logicke this the Foundation stone whereon your whole Independent fabrick is built the absurdities and ill consequences whereof I trust all will now at last discerne Secondly I answer That though Christ be the only King and supream Law-giver of his Church yet it followes not thence that therfore no Parliament or humane power may or can make Lawes to order or governe the Churches and people of God by but onely Christ For Brother your selfe will grant 1. That Parliaments Kings and Synods may and ought to make Lawes to supposse and punish all manner of Idolatry superstition Impietie prophanenesses corruptions Heresies Doctrines Opinions and exorbitances whatsoever in their Churches Ministers people that are contrary to the Word of God the Lawes Doctrine Government of Christ or tending to the depravation disturbance or prejudice of the Church and Gospell Secondly they may publish Lawes and Canons to settle and establish the true Confession of the Christian saith the sincere Ordinances of God and such a true worship Church-Government and Discipline which is most consonant to his Word throughout all Churches in their respective jurisdictions yea compell Ministers to doe their duties and people diligently to repaire to all the Ordinances of God to sanctifie the Lords day and to observe extraordinary dayes of humiliation and thanksgiving upon extraordinary occasions Thirdly They may enact Lawes and Ordinances to settle the places and times of publike Worship and all necessary circumstances w ch concern the same not peremptorily determined in the Scriptures concerning Church assemblies Fourthly They may enact Laws for the maintenance of Ministers of all necessary Church Officers and for prayer preaching reading the Word administring receaving the Lords Supper concerning ordination Mariage siging fasting excommunication agreeable to the Word of God This I presume all will grant and my Brother will not deny which is all I contend for Therfore Christs being the only King Head Ruler and Lawgiver of his Church is no impediment to Kings Parliaments by advise of Synods to enact such Lawes as these and so the Argument a meere Independent Nonsequitur Thirdly Christ is the King Lord Head and Lawgiver of every private Christian or Member of a Congregation as well as of every particular or of the whole Catholik Church and so by your determination he is subject to no other jurisdiction then that of Christ his Spirit and Word Yet I hope you will grant that every Independent Congregation hath a true jurisdiction and power over every particular member of it yea a legislative power to prescribe a speciall covenant and such Ecclesiasticall Rules Orders as the whole Congregation shall thinke meet to which they must submit under paine of excommunication suspension Non-communion and denying baptisme to their Infants as you plainly intimate pag. 44. 45 46 62 63. Therefore these titles and Prerogatives of Christ doe not deprive particular Churches of the power of prescribing covenants Orders Rules and Canons to their Members much lesse then whole Synods Councells Parliaments of farre greater wisdom power Authority then particular Churches And if private Churches may thus oblige their Members then much more may Parliaments Councells all particular Churches within their jurisdictions And so much in answer of this grand argument The second is this Christ is the full and sole King raigning in the heart and conscience of every true Beleever He only is King over every mans Conscience so as no man nor power on earth may sit with him in this his Throne Therefore no Parliament Councell nor human power may prescribe Laws for the Government or ordering of the Church for then of necessity man should be Lord over the Conscience which is the highest presumption against the most high I answer That this argument is grounded upon a very sandy foundation and upon this controversed question both among Divines and Casuists Whether Ecclesiasticall or Civill human Laws made and ratified by the supreame civill Magistrates Parliament bind necessarily oblige us to obedience in point of conscience in case they be not contrary to Gods Word for if they be all grant they do not bind to obedience in point of Conscience My Brother here holds the Negative as an indisputable Maxime That these Laws bind not the conscience in point of Obedience to them A very dangerous false unsound Position tending to meere Anarchy and contempt of all humane Lawes and lawfull Authority in Church or State And for my own part I clearely hold the Affirmative to be an undoubted truth This question is largly debated and held affirmatively by learned Paraeus Explicatio Dubiorum in c. 13. ad Romanos Dubium 7. pag. 1413. to 1446. by Musculus Peter Martyr Marlorat and Doctor Willet in their Commentaries on Rom. 13 with other Protestants on this Text by Ursinus in Exposit secundi Praecepti p. 299. by Theodoret Ambrose Beda Anselme and generally most ancient and modern Commentators on that Text by Alexander Alensis Summa Theologiae Pars. 2. qu 120. Artic 2. 3 4. with whom all other Shoolemen generally concurre Paulus Windek Canonum Legum Consensus Dissensus cap. 4. p. 12. Stapleton in Antid p. 783. Bellarmine l. 3. c. 9. De Laicis Pererius Disp 2. Num. 8. by Saint Augustine in Epist 54. ad Macedonium and in Tit. Psal 70. by Saint Bernard Tract de Praecepto Dispensat With infinite others Indeed Master Calvin Instit lib. 3. c. 9. Sect. 15. 18. and lib. 4. c. 10. Sect. 3. 4 5. Beza in Notis ad Rom. 13. Sibrandus De Pontif Romano l. 8. c. 7. and some others seemingly hold the contrary yet not generally of all but of some particular humane Lawes I shall briefly lay downe the truth of the affirmative part out of Pareus and Doctor Willet in these insuing Propositions and then propound the Affirmative and answer the Negative arguments in their Order to vindicate this truth now most opposed when it is most necessary both to be discovered and obeyed The Propositions are these That all just Civill Ecclesiasticall or Oeconomicall Laws and Ordinances made by the King and Parliament or by lawfull Magistrates Parents Masters Tutors Superiors which concerne the duties of the first or second Table do bind the Conscience of themselves and that simply both in generall and particular That all good Laws made for the determining of any necessary circumstances of Gods Worship or necessary and profitable for
things to make good his Argument 1. That if there were no other particular Church in the world then one as that of Abrahams family should it not be a compleat Church untill there were other Churches on whose jurisdiction it should depend I answer yes But this is not the case nor question We in our Realme blessed be God have in all parts not only one particular christian family church but many thousand Parochiall Churches Congregations as our very Almanacks as well as Cosmographers will informe you What then Brother will you inferre from this sole Church in Abrahams family to our Churches now Will you argue Abraham in his dayes had a compleat absolute Independent Church in his own family onely Ergo now there ought to be such an Independent absolute Church in every family at least where there is a sufficient number requisite to make up a ministeriall body as you interpret it what then will become of your congregationall Churches and our Parochial consisting of many great families they must by this new Doctrine divide themselves presently into so many families or Independent Churches as there are great families in them and then I hope the Master of the family onely not an Independent Minister must be their Paster and Ruler as Abraham was in his and then farewell the office of Minister which some of your Lay Elders exercise without scruple denying the very calling of Ministers and all our Churches too Brother will you argue thus Adam was a compleat and absolute man alone therefore he needed not a helper or wife or family to be joyned to him Suppose you should take a single person who formerly lived alone by and of himselfe without relation to or communion with any other men like a Popish Hermite or Anchorite into your family Church or incorporate him into this City or any company in it will you say that because this man was absolute and under no command at first Ergo he must continue so still in your family Church this City and his company and neither you nor any of them may or can of right enact any thing to controle him I trow not When there were only single Families living remote from others in the world they were absolute and compleate Churches Republikes of themselves but when these single families multiplyed and combined themselves into Villages Cities Provinces Republikes Kingdomes they thereby lost their pristine liberty absolutenesse independencie compleatnesse and of intire small bodies Churches Republikes became onely parts and members of those larger ones to which they were thus combined So it is with particular Mother Churches when there was but one particular Church in the world or in one State or Kingdome the case of all the first Churches planted by the Apostles without any Neighbour Churches to combine with this Church being under no superiour Christian Magistrates was absolute and independent in it selfe there being no other Church to joyne with But if this one Church through the encrease of Christians shall swell so great as to spread it selfe over all the City or Republike wherein it is and so upon necessity must divide it selfe into sundry particular Congregations then all these Churches being under one and the selfe-same Republike and united together under one supreame Civill Magistrate as members of the same Nation Kingdom City Republike and of the self-same nationall or Provinciall Church doe thereupon lose their absolutenes and Independency and become subject to the Power Lawes Canons Determinations Government and Discipline of the whole Nationall Church and Kingdome of which they are but members which to preserve publike peace unity order amity ought constantly to be governed by the self-same generall Ecclesiasticall Lawes setled by the common consent of all their severall National Synods and Parliaments as Civill Lawes are which oblige all But this saith my Brother in the second place takes away the lawfull Jurisdiction and rights of particular Churches Ergo it is not to be admitted I answer first By the like reason you may argue the joyning of many particular persons into one family of divers families into one Parish of sundry Parishes into one City of divers Citie into one State of sundry States and Kingdomes into one Monarchy or Empire of divers Companies and Regiments into one Army of sundry Knights Citizens Burgessâ—â— and Peeres into one Parliament and many Ministers into one Synod deprives them of their Independency their particular Rights Interests and subjects them to a new superiour power Iurisdiction command and to their publicke Lawes and Ordinances Ergo it is unlawfull intollerable and such Corporations Republicks Kingdomes Empires Parliaments Synods ought not to be If this be a good consequence you will subvert all humane Societies Corporations Republicks Synods Parliaments Independent Churches and Families to by like reason â— This takes not away the lawfull rights of particular Congregations but rather improves them for their owne particular and the publick good for Brother I pray informe me which is best of the two for a particular Church or Corporation to be subject only to such Lawes Rules Government and Discipline as shall be made decreed declared most agreeable to the Word of God and fit to be generally received in all Churches by an whole Parliament and Assembly of the most wise ablest and best experienced Christians Nobles Divines after long debate and consideration or by the private rash Opinions and perchance passions humours of two or three private persons perhaps directed swayed by particuler interests relations ends Which is justest safest or most remote from Tyrannicall Arbitrary and Papall Government for Churches States Persons to be all confined to certaine publicke Lawes and Canons enacted by common consent in Parliament limiting who shall be admitted to who secluded from the Congregation Sacrament communion of Saints c. and for what causes offences in certaine c. then to be left Arbitrary to the meer mercy wills determinations of the Ministers and Elders of every particular Congregation or to the pleasures of Princes or some few temporall Magistrates without any Lawes or limits to restrain them We all hold it the greatest happinesse freedome of our Kingdom and the chiefest part of our Priviledge which we enjoy as free-men of England That we neither may nor can be legally bound by any Lawes Canons Taxes or Commands but only such as are made and imposed on us by full consent in Parliament and not subject to the meere Arbitrary Lawes Ordinances wills commands of our Princes Magistrates Iudges Prelates or any other private men And shall it be then held the slavery injury and not rather the liberty or priviledge of particular Churches and their members to be subject only to such Ecclesiasticall Rules Canons Orders Covenants Government and Discipline as shall be publickly agreed on consented to and setled in Parliament to which all Churches Christians shall be equally obliged without exemption then to be left at six and
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
then Heresie or hereticall Doctrin by such extravagant inferences and incoherent Arguments for fear you dishonour both your Master and your self 3. Though Christ hath left no absolute exact forme of Church-Government in Scripture for all Churches and Ages yet he hath left his Word to be a light to the feete and a Lanthorne to the pathes of all his Saints and Churches and said downe such generall Presidents rules and directions therein as may serve for ordering directing and regulating of all Churches herein yea he hath given us some more particular rules for some things which concerne the Government of his Churches The Scripture hath generall Rules for our faith life manners thoughts words actions apparell eating drinking praying preaching receiving the Sacrament c. applicable to all particular cases and occurrences concerning them though not particular punctuall rules for deciding all those cases of conscience and controversies that frequently arise concerning them yet Christ is not unfaithfull because he hath left his Church sufficient rules and meanes of salvation in generall or particular to bring it safe to heaven 4 The providing of godly and faithfull Ministers Magistrates and Governours of the Church to put good Laws Disciplin and Government in execution is a great part of Christs charge and care as well as providing his Word and a Government for his Church Will you charge Christ then with negligence and leaving his Church to six and seven because every Minister of Christ hath not the selfe-same measure of gifts and endowments to discharge his Ministery or because some Ministers are more negligent in their places then others and some sheep are left oft-times without a Shepheard or committed to a Iudas a Thiefe or to Wolveâ— false Teachers Seducers which teare and devoure instead of feeding them or because he set not up and maintained this forme of Church Government you now contend for as his and none else beside in all Churches for so many hundred yeares together but reserved this honour in this latter age to some of you or rather to the Anabaptists and Brownists your Predecessors herein to advance it Brother you may easily discerne by this where your owne pretended inconveniences and inferences will drive you at the last if you rely upon them I beseech you therefore as a loving Brother to forbeare them for the future 4. Whereas you object We should have a mad world of it if Civill States Magistrates Kings and Parliaments should set up such a Government 〈◊〉 they conceived to be agreeable to Gods Word and the good Lawes and Customes of their Realmes I answer 1. That it is your own position that every particular man and Church ought to walke according to the rule of their own consciences and judgement not anothers Christ only being Lord of their consciences If then a whole Kingdome Parliament Church or Realme shall conceive and be perswaded in their consciences that such and such a Church Government is most consonant to Gods Word most suiteable to their condition and therefore shall upon solemne debate after much seeking of God by Prayer and Fasting make choise of this government before another as by electing a Presbyteriall rejecting an Independent way What madnesse or inconvenience meer slavery tyranny humane invâ—ntions superstitions or corruption will this introduce Shall they be Hereticks presently for such a choise as you define them Shall private men have more liberty of choise or conscience then whole Nations Synods Parliaments or more wisedome temper knowledge discretion conscience then they Indeed I have read of one Parliament stiled the Mad and another the unlearned because there were no Lawyers in it and no doubt both Parliaments Councells Synods generall Assemblies may and doe sometimes erre and that grosly as well as private persons or congregations But doubtlesse all reasonable men will and must acknowledge that two are better then one a whole Court of Iustice lesse liable to errour and corruption then a particulâ—r Judge a whole Parliament then a Committee an whole Synod then a private Conventicle or congregation Then tell me in sober sadnesse good Brother whether your Independent Assertion That every particular Minister hath power to gather and set up a Church of his owne Independent from any other and to choose such a Discipline Government to themselves as they CONCEIVE to be most suiteable to Gods Word though in truth it be not so but a meer CONCEITE as I feare your New way is That particular Christians have power to unite themselves into a Church and elect a Minister and Government of their owne choise most agreeable as they thinke to the Word And that every Sect and Person ought to have free liberty of conscience in the exercise of what they beleeve Or my Position be likely est to produce more madnesse in the world or mischiefes in the Church Certainely it will be a madder world and Church too indeed when every private Minister and Christian may follow their owne opinions fancies crochets waies every Sectary set up his owne congregation sect and vent his owne erronious schismaticall Opinions without control when every man shall have priviledge to doe What seemes right in his owne eyes as if there were no King in Israel no Parliament in England when every Anabaptist Enthusiast or brainsick Melancholico shall not only build Churches in the ayre different from all others but set them up openly in our Cities Counties Kingdomes without impediment in contempt of Lawes Parliaments all Civill or Ecclesiasticall Authority as too many I feare doe now and I hope the High Court of Parliament will remedy it in due time because they deem their owne fancies Gospel their owne Juventions Christs Oracles Certainly the world and Church will both be mad in good earnest when such a licentiousnesse shall be proclaimed under the Notion of Christian Liberty every mans own private way christned with the Name of Christs Kingdom c. though it hath small affinity with it The God of peace order of his infinite mercie preserve us safe from this Maniaca Insania this deadly madnesse into which we are running and hath already desperately seized upon the Braines and hearts of many My Brothers sixth Objection is this That Parliaments Councells Synods are not now infallible but subject unto errour many of them having erred and that grosly in former and late times That neither Parliament nor Assembly can now say as that Synod Act. 15. 28. It seemeth good to us and to the Holy Ghost they being not endued with an infallible spirit Therefore they can make no binding Determinations Lawes Canons Decrees in any Ecclesiasticall matters to oblige any particular Churches or christians Good Brother writes he for all your punctuall quotations of that Scripture Acts 15. you doe not all this while tell us that which is the maine of all which we finde in the 28. verse IT SEEMED GOOD TO THE HOLY
GHOST and Vs to lay upon you no other burthen then these necessary things Now Brother we challenge you to shew us ANY PARLIAMENT COVNCELL SYNOD EVER SINCE THE APOSTLES that could or can say thus It seemed good to the Holy Ghost and Vs to determine controversies of Religion to make and impose Lawes to bind all men c. Shew this to us at this time and we will obey But if you cannot AS YOV NEVER CAN never let any man presse upon us that Scripture that Synod WHICH HATH NO PARALELL in the whole world and so is NO PRESIDENT PATTERNE FOR ANY COVNCELL SYNOD PARLIAMENT Thus my Brother Burton concludes hence with abundance of confidence But sweet Brother let not him who putteth on his harnesse boast as he that puts it off receive your Answer first and then be as vainly confident as you will 〈◊〉 your obtuse Argument afterwards which I shall thus retort upon you First I suppose you will grant That the Apostles Preached as well a writ and determined by an infallible spirit and by the Holy Ghosts Divine inspiration when as neither your self nor any other Independent nor Presbiterialâ— Minister can infallibly thus Preach write or determine at this day Ergo Brother by your Argument neither you nor any other Minister must henceforth Preach unto nor determine any Controversies of Religion or Church-government at this day being not guided by any infallible Spirit and because you may possibly erre and cannot say as the Apostles did it seemes good to the Holy Ghost and to us and then Brother of what value are all your Sermons Books and confident asseverations of the Divinity of your Independent way your Disciples and congregation may make wast paper of them instead of reading them as the Oracles of God a some ignorants perchance esteem them 2. Christ and his Apostle when they ordained Elders and laid their hands upon them did usually give them the holy Ghost and gift of tongues who fel upon the parties ordained and those to whom they Preached and to those whom they Baptized as the marginall texts assure us which no Ministers nor Elders can do now Ergo no Ministers may or can now ordain any Ministers by imposition of hands nor baptize any children or men nor preach the Gospel to any because they cannot give them the gifts of Tongues nor cause the Holy Ghost to fall upon them as Christ and the Apostles did 3. Moses gave no civill nor judiciall Laws to the Israelites under the Law but such as he received immediately from God by an infallible Spirit Ergo Kings and Parliaments at this day can make no civill temporall Lawes to governe their people by because they receive them not immediately from God by an infallible spirit 4. Christ sent none to Preach the Gospel or administer the Sacraments but such whom himself immediatly called ordained furnished miraculously with gifts of tongues and with the Holy Ghost A priviledge peculier to the Apostles and some few others in their daies not communicable to any ordinary Ministers and made Elders and Bishops by the Holy Ghost Ergo No Ministers but such who are thus immediately enabled endued and ordained by the Holy Ghost may or ought to preach the Gospel And then where are all your Independent Ministers and Lay-preachers I hope Brother by this time you most renounce your Argument as absurd or else your Preaching Church Ministery at least your writings will be little valued which now you see are not infallible 2. A possibility of erring or some actuall errours in Councells Synods Parliaments are no good grounds of rejecting all their determinations Lawes Edicts but only such as are apparently erronious and repugnant to the Scripture Such indeed you may disobey but to all others you must submit even in point of conscience as I have formerly proved If you deny this then marke the consequence of your deniall Ministers may and sometimes actually doe erre both in their preaching and writing and I doubt Brother it is or may be your own case Ergo people must neither obey nor believe any thing they preach or write but contemne all Parliaments Princes Magistrates Elders Parents Masters Tutors of all sorts may and oft-times actually doe swerve from truth and Iustice in some of their Lawes Orders Precepts commands and Iudgements Ergo their subjects wives children husbands schollars pupills must receive no Lawes Orders Commands or instructions from them nor yet obey them in any thing which they shall prescribe Brother you may as rationally argue in many things we offend all Ergo we must not endeavour to doe any thing that is good Or conclude in many things and in making Lawes we erre all Therefore we must obey no humane Ecclesiasticall or civill Laws in which we can discern no apparent error Brother will you drink no wine at all as the Apostle gives Timothy advise to do because some have dranke poyson in it and you perchance may doe so to Or shall none adventure to marry a good wife or husband because so many have met with bad Answer me these questions and then you need no other answer to what you object but your own reply to them 3. Admit Synods Councells Parliaments have sometimes erred out of humane frailty yet this is a most certaine truth that they are not so apt or prone to erre having more helpes meanes assistances to keep them from erring when they are met together in the Name and feare of God as private men or Conventiâ—les of persons lesse learned lesse experienced they being more able to discover and bolt out truthes by debate then they This is the ground why Solomon concludes That two are better then onâ— that in the multitude of Councellors there is safety why the greatest points of Religion and State have in all ages been debated resolved not in Conclaves Conventicles Chambers Closets but in generall or nationall Councellâ— Assemblies Parliaments as the most effectuall meanes to discover suppresse errours heresies and resolve doubts for which we have an unanswerable pregnant president in the Old Testament 2 Chron. 30. 1. to the end where King Hezechiah with all the Princes and Congregation of Israel and Iudah assembled in full Parliament at Ierusalem upon solemn debate resolved AND ESTABLISHED A DECREE to keep the Passeover in the second moneth because they could not keepe it in the first the Priests and people being not sufficiently sanctified And another in the New in the Chapter objected Acts 15. where the Apostles themselves assemble a full Synod to debate and resolve the great contrâ—versie raised in the Church concerning the necessity of Circumcision This then being an indubitable Verity it is most certaine that Parliaments Generall or Nationall Synods and Councells are the fittest of all others to make Lawes and Canons for all civill and Ecclesiasticall matters in State or Church because they are least subject to errour And therefore there is great
part 5 c. 6. Sect. 3. Bellarmin De Conciliis Contr. 2 3. with others k De Concordia Cathol l. 2. c. 12. l De Concil Basil lib. 1. m Bochellus Decreta Ecclesiae Gallicanae l. 5. Tit 20. c. 35. n Relect. 4. p. 161. o Beâ—la Eccles Hist l. 1. c. 17. 21. Matth. Westm An. 449. 465. Spelmanni Concil p. 48 49 60. p Spelmanui Concil p. 104 Matth. West An. 603. Beda â—ccles Aist l. 2. c. 2 Antiq. Eccl. Brit. p. 3. Speeds Chron p. 286. q Spelman p. 126 127. r Beda Eccles Hist l. 3. c. 21. Spelman p. 14â— Å¿ Willielmus Malms De Gestâ— Pontif. l. 3. Antiqu. Eccles 〈◊〉 p. 18. 19. t Spelman p. 189 191 194 u Spelman p. 219 x Malmsb. de Gestis Pontif. l. 3. in vita Widfridi Antiq Eccl. Brit. p. 19. y Matth. West An. 718. p. 27â— Malmâ—b de Gest Pontif. l. 1. p. 197. Antiq. Eccles Brit. p. 21. Spelman p. 230 242 245. z Spelman p. 292. a Spelman p. 318. b Spel. p. 387 Matth. Westm An. 905. Antiq Eccl. Brit. p. 43. c Spelman p. 428. d Spelman p. 510. e Matth. West An. 1070. pars 2. p. 3. f Matth. Paris Hist Angl. An. 1075. p. 19. g Eadmerus hist nov l. 1. p. 24. h Eadm Hist nov l 3. p. 65. i Matth. Paris hist Angl. p. 67 68. k Histor l. 2. c. 13. l Giraldus Cambrens l. 2. c. 33 34. Will. Neubrigensis Hist l. 3. c. 9. Speeds Chron. p. 516. m Neubrigensis l. 2. c. 13. Hoveden Anâ—al pars post p. 500. Antiq. Eccl. Brit. p. 125. n Matth. Paris p. 430 431. o P. 282 362 377 389 399 401. * Nota. * See Cromptons Jurisdiction of Courts f. 4. a. e See Antiqu. Eccles Brit. p. 376 380 398. Eâ—dmerus hist Novorum l. 5. p. 109 117. * 25. H. 8. c. 19 21. 28. H. 8. c. 10. 2. 3. E. 6 c. 1. 1. Eliz. c. 2. Jo. Seldeni ad Edam Notae p. 165. Isiodor Hisp Orig. l. 8. c. 15. Canons 1571. p. 10 22. f 13 Eliz. c. 12. g Dr. Field of the Church b. 5. c. 52 53. Dr. Fulk and Master Cartwrights Answer to the Rhemish Testament on 〈◊〉 15. 6. Sect. 5. to 12. Dr. Crakenâ—â—rpe his Vigilius Dormiâ—ans * See Mrâ— Rutherford his due right of Presbyteries c. 6. sect 1. p. 342. 393. Ioan Seldeni spicileg Notae in Eadmerum p. 166 167. Surius Tom. 1. Concil p. 342. Tom. 1. p. 407. Tom. 3. p. 488. 574. 575. 732. Tom. 2. p. 203. 675. 728 754. 603. 605 641 642 643 892. 595. 713 1042. 715. 685. Gratian distinct 18. Iuo Carnot Decret pars 40. 241. 243. 244. Spel. Concil Tom. 1. p. 153. Tom. 3. p. 24. 4. 42. 406. Tom. 4 p. 44. * See M. Rutherfords dâ—e rights of Presbytery p. 343. 344. a De â—ita Constantini l 3. c. 10. 12. 13. b Nicephotus Callithus Eccles hist l. 8. c. 16. 17. c Eusebius de vita Const â—tini l. 4. c. 42. Socrates Scholast Eccles hist l. 1 c. 28. 33 34. â— Euseb Eccles hist l. 10. c. 5. â— Bish Iewels defence of the Apology p. 〈…〉 741. 742. d Socra Scho. Ecâ—les hist l. 2 c. 3â— p. 281. Nicâ—phorus Eccles hist l. 9. c. 40. e 〈◊〉 eccles hist l. 2. c. 39. in the Greeke 〈◊〉 in the English Nicepho l. 9. c. 43. f Eccles hist l. 9. c. 38. p. 523. g Nicephotus Eccles hist 〈◊〉 12 c. 10. Surius Tom. 1. p. 481. h Surius Tom. 2. p. 9. i Actio 1. Surius Tom. 2. p. 11. 14 15. 18 19 38 24 25. 54 55 138. 148. 164 165. 167. 535. 168. 170 180. 184 185 197. 207. 212 k Act. 1. p. 831 Evagrius l. 2. c. 4. Iewells defence of the Apology parâ— 6. c. 14. diâ—â—if 1. p. 745. 746. 747. l Liberatus c. 11. Iewell ibid. p. 751. m Socrat. Scholast l. 5. c. 10. Sozom. l. 7. c. 10. Iewels defence of the Apologie c. 13. p. 744. n Actio prima Surius Concil Tom 2. p. 16. 18 19 619. Tom. 1. Act. Concilii Ephesini c. 25. Sozomen l. 4. c. 15. o Imperatoris Epist ad Dioscorum ibid. p Imperatoris Coâ—monitorium ad Elpidium Comitem Sacri Consistorii Ibid. p. 18. q Oratio Martiani ad Synodum ibid â— 37 c. r Epist Eusebâ—i ad Imperatores k Suâ—iâ—s Tom. 2. p. 444 to 498 502. l Surius ibid. p. 901 903 904 905 906 907 908. m Surius Tom. 3. p. 49. 50. 51. 55 n Surius ibid. p. 539. to 543. o Bochellâ—â— Decret eccles Gal l. 5. Tit. 20. c. 17. p. 9 or Surius Tom. 2. p. 371. p Surius Concil Tom 4. p. 2 5 6 27 28 to 33 41 42 56 72 103 104 105 257 to 262 325 to 364 416 417 418 467 542 543 551 553 562 571 584 585 595 596 597 598 607 609 610 613 624 626 647 653 662 668 690 691 694 896 901 902 903 905 929 930 939 996. Tom. 3. p. 776 778 784 787 788 794 798 802 817 821 823 830 833 852. â— Seldeni ad Eâ—dmaium Notae p. 213 214. q Acta Synodi Doâ—dreâ—â—â— Praefatio ad Ecclesias Sessio 2 4 p. 9 15 16 17 18. a Acta Concil Ephes Tom. 1. c. 12. 32. b See Surius Binius Crab and Syrmond in these Councels Ranchins Review l 1. c. 8. c Regino sub An. 787. d Rigardus de gestis Philip. August sub An. 1179. 1200. Jean le Maire en le 2. party de la devision des schismes Martinus Polonus e Jean Bouâ—het en la 4. partie des Annales d' Aquiâ—aine f Surius Binius Crab. g Luitprandius rerum per Europ gest l. 6 c. 6 10 11. h Martinus Polonus in Hen. 3. sub An. 1058. i Matth. West An. 905. k Nubrigensis l. 1. c. ult See l. â— c. 25. l Chron. Pauli â—angii An. 1417. Petro 〈◊〉 en la vita de Sigismundo m Apologia Concil 2. Pisani Mediolani per Coâ—ardum Ponticum impres An. 1552. Acta Concil Pisani 2. n Eccles hist l. 1. c. 5. vid Actâ— Concil Nicen. Ruffiâ—us l. 1. c. 3. Nicephorus Câ—l Eccl. hist l. 8. c. 14 15. o Theodoricus à Niem tract de Privilegiis Juâ—ibus Imperat. p. 785. p Idem ibidem q Lib. 2. de Concil art 6. r Will. Ranchin Survey of the Councell of Trent l. 2. c. 8. p. 37. Å¿ In Dialogo cum Marcionitis t See my Epistle to the Reader before my Perpetuity Edit 2. And Epist Ded. to Cozens cozening Devotions u Augustin Tom. 7. pars 1. de collat cum Donatistis lib. * Contr. Epist Parmen l. 1. Tom. 7. pars 1. x August ibid Ranchin p. 3â— y Sozomen l. 4. c. 5. z Epist ad Michaâ—lem Imperatorem Gratian distinct 96. a Defensor â—acis l. 2 c. 20. b Page 239 240. c Lib. 2. c. 8. r Histor novorum l. 1. p. 6. Å¿ Eadmarus ibid. p. 24 25 26 28. t Ex Rotuâ—o Patent An. 18. H.