of their money which as it doth at large appear in the Records and Acts of the Convocation so it is touched upon in a Historical way in the Antiq. Britan. Mason de Minist. Anglic. and other Authors by whom it also doth appear that what was thus concluded on by the Clergy of the Province of Canterbury was also ratified and confirmed by the Convocation of the Province of York according to the usual custom save that they did not buy their pardon at so dear a râ—te This was the Leading Card to the Game that followed For on this ground were built the Statutes prohibiting all Appeales to Rome and for determining all Ecclesiastical suits and controversies within the Kingdoms 24 H. 8. c 12. That for the manner of electing and conseâ—rating of Arch-Bishops and Bishops 25 H. 8. c. 2â— and the prohibiting the payment of all Impositions to the Court of Rome and for obtaining all such dispensations from the See of Canterbury which formerly were procured from the Popes of Rome 25. H. 8. c. 21. Which last is built expresly upon this foundations That the King is the onely supream Head of the Church of England and was so recognized by the Prelates and Clergy representing the said Church in their Convocation And on the veâ—y same foundation was the Statute raised 26 H. 8. c. 1. wherein the King is declared to be the supream Head of the Church of England and to have 〈…〉 which were annexed unto that Title as by the Act it self doth at full appear Which Act being made I speak it from the Act it self onely for corroboration and confirmation of that which had been done in the Convocation did afterwards draw on the Statute for the Tenths and first fruiâ—s as the point incident to the Headship or supream Authority â—6 H. 8. c. 3. The second step to the Ejection of the Pope was the submission of the Clergy to the said King Henry whom they had recognizanced for their supream Head And this was first concluded on in the Convocation before it was proposed or agitated in the Houses of Parliament and was commended onely to the care of the Parliament that it might have the force of a Law by a civil Sanction The whole debaâ—e with all the traverses and emergent difficulties which appeared therein are specified at large in the Records of 〈◊〉 Anno 1532. But being you have not opportunity to consult those Records I shall prove it by the Act of Parliament called commonly The Act of submission of the Clergy but bearing this Title in the Abridgment of the Statutes set out by Poulton That the Clerâ—y in their Convocations shall enact no constitutions without the Kings assent In which it is premised for granted that the Clergy of the Realm of England had not onely acknowledged according to the Truth that the Convocation of the same Clergy is alwayes hath been and ought to be assembled alwayes by the Kings Writ but also submitting themselves to the Kings Majesty had prâ—mised in verbo Saceâ—dotis That they would never from henceforth presum to attempt allcadge claim or put in ure enact promulge or execute any new Canons Constitutions Ordinances provincial or other or by whatsoever other name they shall be called in the Convocation unless the Kings most Royal Assent may to them be had to make promulge and execute the same and that his Majesty do give his most Royall Assent and Authority in that behalf Upon which ground-work of the Clergies the Parliament shortly after built this superstructure to the same effect viz. That none of the said Clergy from thenceforth should presume to attempt alleadge claâ—m or put inâ—ure any Constitutions or Ordinances Provincial or Synodals or any other Canons nor shall enact promulge or execute any such Canonâ— Constitutions or Ordinances Provincâ—sâ— by whatsoever name or names they may be called in their Convocations in time coming which alwayes shall be assembled by the Kings Writ unless the same Clergy may have the Kings in st Royal Assent and Licence to make promulge and execute such Canons Constitutions and Ordinances Provincial or Synodical upon pain of every one of the said Clergy doing the contrary to this Act and thereof convicted to suffer imprisonment and make fine at the Kings Will 25 H. 8. c. 19. So that the statute in effect is no more then this an Act to binde the Clergy to perform their promise to keep them fast unto their word for the time to come that no new Canon should be made in the times succeeding in the favour of the Pope or by his Authority or to the diminution of the Kings Râ—yal Preâ—ogative or contrary to the Iuwes and statutes of this Realm of England at many Papal Constitutions were in the former Ages Which statute I desire you to take notice of because it is the Rule and Measure of the Churches power in making Canons Constitutions or whatsoever else you shall please to call them in their Convocations The third and small Act conducing to the Popes Ejection was an Act of Parliament 28. H. 8. c. 10. entitâ—led An Act exâ—inguishing the 〈◊〉 of the Bishop of Rome By which it was enacted That if any person should extoll the Authority of the Bishop of Rome he should incur the penalty of a praeminire that every Officer both Ecclesiastical and Lay should be sworn to renounce the said Bishop and his Authority and to resist it to his power and to repute any Oath formerly taken in maintenance of the said Bishop or his Authority to be void and finally that the refusal of the said Oath should bejudged High Treason But this was also usher'd in by the determination first and after by the practice of all the Clergy For in the year 1534 which was two yeares before the passing of this Act the King had sent this Proposition to be agitated in both Vniversities and in the greatest and most famous Monasteries of the kingdom that is to say 〈…〉 Romans dejure competat plusquam alii cujamque Episcoâ—o extero By whom it was determined Negatively that the Bishop of Rome had no more power of right in the Kingdom of England than any other forreign Bishop Which being testified and returned under the hands and seales respectively the Originals whereof are still remaining in the Library of Sr Robert Cotton was a good preamble to the Bishops and the rest of the Clergy assembled in their Convocation to conclude the like And so accordingly they did and made an Instrument thereof subscribed by the hands of all the Bishops and others of the Clergy and afterwards confirmed the same by their corporal Oaths The copies of which Oaths and Instrument you shal finde in Foxes Acts and Monuments Vol. 2. fol. 1203. and fol. 1210 1211. of the Edition of Iohn Day Anno 1570. And this was semblably the ground of a following statute 35 H. 8. c. 1. wherein another Oath was devised and ratified to be imposed upon the Subject for
had their place amongst them according to which Canâ—n there went out a Mâ—nitory from the Aâ—chbp of Caâ—terbury to all the Suffragâ—ns of hiâ— Pâ—ovince 〈…〉 which is still extant on Record But being the authority of the Church was then in the wane it was thought necessary to confirm their Acts and see execution done upon it by the Kings Injunction which did accordinâ—ly come forth with this Form or preamble That the abolishing of the said holy dayes was decreed ordained and established by the Kings Highness Authority as supâ—eam Head in earth of the Church of England with the common consent and assent of the Prelates and Clergy of this â—is Realm in Convâ—cation lawfully assembled and congregate Of which see Foxe his Acts and Mâ—numents fol. 1246 1247. Afterwards in the year 1541 the King perceiving with what difficulty the people were induced to leave off those Holy days to which they had been so long acâ—ustomed published his Proclamation of the twenty third of Iuly for the abolishing of such Holy days amongst other things as were prohibited before by his Injunctions both built upon the same foundation namely the resolution of the Clergy in their Convocation And so it stood until the Reign of King E. 6. at which time the Reformation of the publick Liturgie drew after it by consequence an alteration in the present businesse no days being to be kept or accounted holy but those for which the Church had set apart a peculiar office and not all those neither For whereas there are several and peculiar offices for the day of the Conversion of Saint Paul and the day of Saint Barnabas the Apostles neither of these are kept as holy days nor reckoned or esteemed as such in the Act of Parliament wherein the names and number of the holy days is precisely specified which makes some think the Act of Parliament to have had an over-ruling power on the Common prayer Book but it is not so there being a specification of the holy days in the book it self with this direction These to be â—bsâ—rved for Holâ— days and nonâ— other in which the Feasts of the Conversion of St Paul and the Apostle Barnabas are omittâ—d plainly and upon which specification the Stat. 5 6 Ed. 6. cap. 3. which concerns the holy days seems most expresly to be built And for the Offâ—ces on thoâ—e days in the Common-prayer Booke you may pleaâ—e to know that every holy day consisteth of two special parts that is to say râ—st or cessatiâ—n from bodily labour and celebration of Diâ—ine or Relâ—gious duâ—ies and that the dayâ—s before remembred aâ—e so far kept holy as to have sâ—ill their proper and peculiar Offâ—ces which is observed in all the Cathedrals of this Kingdome and the Chappels Royall where the Service is read every day and in most Parish Churches also as oft as either of them falls upon a Sunday though the people be not in those days injoined to rest from bodily labour no more then on the Coronation day or the fiâ—th of November which yet are reckoned by the people for a kind of holy days Put all which hath been said together and the â—umme is this That the proceedings of this Church in the Reformation were not meerly Regall as it is objected by some Puritans much lesâ—e that they were Parliamentarian in so great a woâ—k as the Papists falsly charge upon us the Parliaments for the most part doing liâ—tle in it but that they were directed in a justifiable way the work being done Synodically by the Clergy onely according to the usage of the Primiâ—iveâ—imes the King concurring with them and corroborating what they had â—esolved on either by his own single Act in his letters Paâ—ent Proclamations and Iâ—junctions or by some publick Act of State as in 〈◊〉 and by Acts of Parliament 6. Of the power of making Canons for the well ordering of the Clergy and the directing of the people in the publick Duties of Religion WE are now come to the last part of this design unto the power of making Canons in which the Parliament of England have had lesse to do then in either of the other which are gone before Concerning which I must dâ—sire you to remember that the Clergie who had power before to make such Canons and Constitutâ—ons in their Convocation as to them seemed meet promised the King in verbo Sacerdâ—tij not to Enact or Exâ—cute any new Caâ—ons but by his Majesties Royal Assent and by his authority first obtained in thaâ— behalf which is thus briâ—fly touched upon in the Ant. Brit. in the lâ—fe of William Marham Arch Bp of Canterbury Clerâ—â— in verbo Sacerdotij fidem Regidâ—dit ne ullaâ— deinceps in Synodo ferrent Ecclesâ—asticas leges nisi eâ— Synodas authâ—ritate Râ—gia conâ— gregata et constitutiones in Synodis publicataâ— eadem auâ—â—oritate ratae essent Upon which ground I doubt not but I might securely raise this proposition That whatsoâ—ver the Clergy did or might do lawfully before the act of Submission in their Convocation of their own power without the Kings authority and consent concurring the same they can and may do still since the act of their Submission the Kings authoâ—â—ty and consent co-operating with them in their counsels and giving confirmation to their Constitutions as was said before Further iâ— doth appear by the aforesaid Act. 25. H. 8. c. 19. â—hat all such Canons Constitutions Ordinances and Synodals Prouincial as were made beâ—ore the said Submission which be not contrary or repugnant to the Laws Statutes and Customes of this Realm nor to the damage or hurt of the Kiâ—gs Prerogative Royal were to be used and executed as in former times And by the Statute 26. H. 8. c. 1. of the Kings Suprâ—macy that according to the Recognition made in Convocation ouâ— said Soveraign Lord his heirs and succesâ—ors Kings of this Realm shall have full power and authority from time to time to visit repress reform order correct c. all such Errours heresies abuses offences contempâ—s and enormities whatsoever they be c. as may be most to the pleasure of Almighty God the increase of virâ—â—e in Christs Religion and for the peace unity and tranquillity of this Realm and the confirmation of the same So that you see these several ways of ordering matters for the Publick weal and governance of the Church First by such ancient Canons and Constitutions as being made in former times are still in force Secondly by such nâ—w Canons as are or shall be made in Convocation with and by the Kings Consenâ— And Thirdly by the authority of the Soveraign Prince according to the Precedentâ— laid down in the book 〈…〉 and the best agâ—s of the Church Concerning which you must remember what was said before viz. That the Statutes which concern the Kings Supremacy are Declaratory of an old power onely not Introdâ—ctory of a new which said we shall the better see whether the Parliament have had any thing
them which being agreed on by the Clâ—rgie and by them presented to the King humbly requiring him to give his royal asâ—ent unto them according to the Statute made in the 25 of K. H. 8 and by his Majesties Prerogative and Supream authority in Ecclesiastical causes to ratifie and confirm the same his Majesty was graciously pleased to confirm and ratifie them by his Letters Patents for himself his heirs and lawfull successours straightly commanding and requiring all his loving Subjâ—cts diligâ—ntly to observe execute and keep the same in all points wherein they do or may concern all or any of them No running to the Parliament to confirm these Canons nor any question made till this present by temperate and knowing men that there wanted any act for their confirmation which the law could give them 7. An Answer to the main Objections of either Party BUt against this all which hath been said before it will be objected â—hat being the Bishops of the Church are fully and wholly Parliamentarian and have no more authority and jurisdiction nisi a Parliamentis derivatum but that which is conâ—erred upon them by the power of Parliamâ—nts as both Sanders and Schultingius do expresly say whatsoever they shall do oâ— conclude upon either in Convocation or in more private conferences may be called Pâ—rliâ—menâ—arian also And this last calumny they build on the sevâ—ral Stâ—tutes 24. H 8. c. 12. touching the manner of eâ—ecting and consecrating Arch-Bishops and Bishops that of the 1 E. 6. c. 2. appointing how they shall be chosen and what seaâ—s they shaâ—l uâ—e thâ—se of 3 and 4 Ed. 6. c. 12. 5 6. E. 6. â—or authorizing of the book of Ordination But châ—â—fly that of the 8 Eliz. c. 1. for making good all Acts since 1 Eliz. in coâ—sâ—crating any Arch Bishop or Bishop within this Reaâ—m â—o give a general answer to each several cavil you may please to know that the Bishops as they now stand in the Church of England derive their calling together with their authority and power in Spiritual matâ—ers from no other hands then those of Christ and his Apostles their Temporal honors and posâ—â—â—â—ions from the bounty and affection onely of our Kings Princes their Ecclesiastical juriâ—diction in caâ—ses Matrimonial Testamentary and the like for which no action lieth at the common Law from continuall usage and prescription and ratified and continued unto them in the Magna Charta of this Realm and 〈◊〉 more unto the Parliament than all sort of subjects do besidâ—s whose fortunes and estates have been occasionally and collaterally confirmed in Parliament And as for the particular Statutes which are touched upon that of the 24 H. 8. doâ—h only constitute and ordain a way by which they might be chose and conâ—ecrated without recourse to Rome for a conâ—irmation which formerly had put the Prâ—lates to great charge and trouble but for the form and maâ—ner of their consecration the Staâ—uâ—e leaves it to those Rites and Ceremonies wherewith before it was perfoâ—â—ed and therefore Sanders doth not stick to affirm that all the Bishops which were made in King Henries days were lawfully and Canonically ordained and consâ—crated the Bishops of that time not onâ—ly being acknowledged in Queen Maries days for lawfull and Canonical Bishops but called on to assist at the consecration of such other Bishops Carâ—inal Pool himself for one as were promoted in her Reign whereof see Masons book de Minist. Ang. l. c. 〈◊〉 Next for the Statute 1 E. 6. cap. 2. besides that it is satisfied in part by the former Answer as it relates to their Canonâ—cal Consecrations it was repeaeld to Tâ—rminis in the first of Queene Maries Reigne and never stood in â—orce nor practise to this day That of the authorizing of the booke of Ordination in two severall Parliaments of that King the one a parte ante and the other a parte post as before I told you mâ—ght indeed seeme somewhat to the purpose if any thing were wanâ—ing in it which had beene used iâ— the formula's of the Primitive times or if the book had beâ—n composed in Paâ—liament or by Parliament men or otherwise received more authority from them then that iâ— might be lawfully used and exercâ—sed thâ—oughouâ— the Kingdome But it is plâ—in that none of these things were oâ—jected 〈◊〉 Queen Maries dayâ—â— when the Pâ—pists stood mâ—st upon their points 〈◊〉 Ordinal being not â—aâ—led in because it had too much of the Parliament buâ— becauâ—e it had too lâ—ttle of the Pope and reâ—shâ—d too strongly of the Pâ—imitive piety And for the Sâ—atute oâ— 8 of Qu. Elizâ—beth which is chiefly stood on all that was done therein was no more then thiâ— and on this occasion A question had been mâ—de by captiouâ— and unquiet men and amongst the rest by Doctor Bâ—nner sometimes Bishop of London whether the Bishops of those times were lawâ—ully ordained or not the reason of the doubâ— being this which I marvell Mason did not sâ—e because the â—ook of Ordination which was annulled and abâ—ogated in the 〈◊〉 of Queen Mary had not been yet restored and revived by any legal Act oâ— Qu. Elizabeths time which Cauâ—e being brought before the Pâ—rliamenâ— in the 8 year of her Reign thâ—Pâ—rliâ—ment took notice first that their not restoring of thaâ— booke 〈…〉 foâ—mer power in terâ—s significant and expresse was but 〈…〉 and then declare that by the Stature 5 and 6 E. 6. it had been 〈◊〉 to the book of Common-prâ—yer and Administration of the Sacramâ—nss as a member of it at least as an Appâ—â—dant to it and therefore by the Staâ—uâ—e 1 Eliz. c. â— was restored again together with the sâ—id boo◠〈◊〉 Common-prayer intentionally at the least if not in Terminis But 〈…〉 words in the said Statute were not clear enough to remove all doubâ—s they therefore did revive now and did accordingly enact That whatsoâ—veâ— had been done by vertue of that Ordination should be good in Law 〈…〉 the total of the Statute and this shews rather in my judgement thaâ— the Bishops of the Queens first times had too little of the Parliament in them then that they were conceived to have had too much And so I come to your laâ—t Objection which concerns the Parliament whose entertaining all occasions to manifest their power in Ecclesiasticall matâ—â—â—â— doth seeme to you to make that groundlesse slâ—nder of the Pâ—pists the more fair and plaâ—sible 'T is true indeed that many Members of both Houses in these latter Times have been â—een very ready to embrace all businesses which are offered to them out of a probable hope of drawing the managery of all Affairs as well Ecclesiastical as Civil into their own hands And some there are who being they cannot hope to have their fancies authorized in a regular way do put them upon such designs as neither can consist with the nature of Parliaments nor the authority of the King nor with the priviledges of the Clergy nor to say truth with
of Christ And so S Augustine hath resolved it in his thiâ—d Book against Cresâ—onius In hoc Reges sicut iis divinitus praecipitur pray you note that well Deo serviunt in quantum Reges sunt si in suo Regno bona jubeant mala prohibeant non solum quae pâ—rtinent ad humanam societatem verum etiam ad Divinam Religionem Which words of his â—â—emed so significant and convincing unto Hart the Iesuite that being shewed the Tractate writ by Dr. Nowell against Dorman the Priest in the beginning of Q Elizabeths time and finding how the case was stated by that reverend person he did ingenuâ—usly confesse that there was no authority ascribed to the Kings of England in Ecclesiastical affaire but what was warranted unto them by that place of Augustine The like affirmed by him that calleth himself Francisâ—us de S. Clâ—ra though a Iesuite too that you may see how much more candid and ingenuous the Iesuites are in this point then the Presbyterians in his Examen of the Articles of the Church of England But hereof you may give me opportunity to speak more hereafter when you propose the Doubts which you say you have relating to the King the Pope and the Churches Protestant and therefore I shall say no more of it at the present time SECT. II. The manner of the Reformation of the Church of England declared and justified HItherto I had gone in order to your satisfaction and communicated my conceptions in writing to you when I received your letter of the 4. of Ianuary in which you signified the high contentment I had given you in condâ—scending to your weaknesse as you pleased to call it and freeing you from those doubts which lay heaviest on you And therewithall you did request me to give you leave to propound those other Scruples which were yet behinde relating to the King the Pope and the Protestant Churches either too little or too much looked after in the Reformation And first you say it is complained of by some Zelots of the Church of Rome that the Pope was very hardly and unjustly dealt with in being deprived of the Supremacy so long enjoyed and exercised by his predecessors and that it was an innovation no lesse strange then dangerous to settle it upon the King 2. That the Church of England ought not to have proceeded to a Reformation without the Pope considered either as the Patriarch of the Western world or the Apostle in particular of the English Nation 3. That if a Reformation had been found so necessary it ought to have been done by a General Councel at least with the consent and co-operation of the Sister-Churches especially of those who were engaged at the same time in the same designs 4. That in the carrying on of the Reformation the Church proceeded very unadvisedly in letting the people have the Scriptures and the publique Liturgie in the â—ulgar tongue the dangerous consequents whereof are now grown too visible 5. That the proceedings in the point of the Common-prayer Book were meerly Regall the body of the Clergy not consulted with or consenting to it and consequently not so Regular as we fain would have it And 6. That in the power of making Canons and determining matters of the Faith the Clergy have so â—ettered and inâ—angled themselves by the Act of Submission that they can neither meet deliberate conclâ—de nor â—xâ—cute but as they are enabled by the Kings authority which is a Vassallage inconsistent with their native Libertieâ— and not agreeable to the usage of the Primitive times These are the points in which you now desire to have satisfaction and you shall have it in the best way I am able to do it that so you may be freed hereafter from such â—roubles and Disputants as I perceive have laboured to perplex your thoughts and make you lesse affectionate then formerly to the Church your Mother 1. That the Church of England did not innovaâ—e in the Ejâ—ction of the Pope and setling the Supremacy in the Regal Crown And in this point you are to know that it hath been and still is the general and constant judgement of the greatest Lawyers of this Kingdome that the vesting of the Supremacy in the Crown Imperial of this Realm was not Introductory of any new Right or Power which was not in the Crown before but Declaratory of an old which had been anciently and originalâ—y inherent in it though of late Times usurped by the Popes of Rome and in Abeyance at that time as our Lawyers phrase it And they have so resolved it upon very good 〈◊〉 â—â—he principal managâ—ry of 〈◊〉 which conceâ—n Religion being a flower inseparably annexed to the â—egal Diadem not proper and peculiar only to the Kings of England but to all Kings and Princes in the Church of God and by them exercised and enjoyed accordingly in their times and places For who I pray you weâ—e the men in the Iewish Church who destroyâ—d the Idols of that people cut down the Groves demolished the high places and brake in piâ—ces the Brazen Serpent when abused to Idolatry Were they not the godly Kingâ— and Princeâ— only which swâ—yâ—◠〈◊〉 Scepter of that Kingdomâ— And though ' â—is possible 〈◊〉 that they might do it by the counsel and advice of the High Priests of that Nation or of some of the more godly Priests and Levites who had a zeal unto the Lâ—w of the most high God yet we finde nothing of it in the holy Scripture the merit of these Reformations which were made occasionally in that faulty Church being ascribed unto their Kings and none but them Had they done any thing in this which belonged not to their place and calling or by so doing had intrenched on the Office of the Priâ—sts and Levites that God who punished Vzzah for attempting to support the Arke when he saw it totâ—ering and smote Osias with a Leprosie for burning incense in the Temple things which the Priests and Levites only were to meddle in would not have suffered those good Kings to have gone unpunished or at least uncensured how good soâ—ver their intentions and 〈◊〉 weâ—e Nay on the contrary when any thing was amisâ—e in the Church of Iewry the Kingâ— and not the 〈◊〉 were admonished of it and reproved for it by the Prophets which sheweth that they were trusted with the Reformation and none else but they Is it not also said of David that he distributed the Priests and Levites into several Classes alotâ—eâ— to them the particular times of their Ministration and designed them unto several Offices in the Publick Service Iosephus adding to these passages of the Holy Writ That he câ—mposed Hymns and Songs to the Lord his God and made them to be sung in the Congregation as an especial part of the publick Liturgy Of which although it may be said that he composed those Songs and Hymns by vertue of his Prophetical Spirit yet he imposed them on the Church appointed
singing-men to sing them and prescribed Vestments also to thesâ—singing-men by no other power then the regal only None of the Priâ—sts consulted in iâ— for ought yet appears The like authority was â—xercised and enjoyed by the Christian Emperors not only in their calling Councels and many times assisting at them or presiding in them by themselves or their Deputies or Commissioners but also in confirming the Acts thereof He that consults the Câ—de and 〈◊〉 in the Civil Lawes will finde the best Princes to have been most active in things which did concern Religion in regulating matters of the Church and setting out their Imperial Edicts for suppressing of Hereticks Quid Imâ—eratori cum Ecclesia What hath the Emperor to dâ— in matters which concern the Church is one of the chief Brand marks which Optatus sets upon the Donatists And though some Christians of the East have in the way of scorn had the name of Melchites men of the Kings Religion as the word doth intimate bâ—cause they adhered unto those Doctrines which the Emperors agreeable to former Councels had confirmed and ratified yet the best was that none but Sectaries and Hereticks put that name upon them Neither the men nor the Religion was a â—ot the worse Nor did they only deal in matters of Exterior Order but even in Doctrinals matters intrinsecal to the Faith for which their Enoticon set out by the Emperor Zeno for setling differences in Religion may be proof sufficiâ—nâ—â— The like authority was exercised and enjoyed by Charles the Great when he attained the Western Empire as the Capitulaâ—s published in hiâ— Name and in the names of his Successors do most clearly evidence and not much lesse enjoyed and practisâ—d by the Kings of England in the elder Times though more obnoxious to the power of the Pope of Rome by reason of his Apostleship if I may so call it the Christian Faith being first preached unto the English Saxons by such as he employed in that holy Work The instanceâ— whereof dispersed in several places of our English Histories and other Monuments and Records which concern this Church are handsomely summed up together by Sir Edward Coke in the fift part of his Reports if I well remember but I am sure in Cawdâ—ies Case entituled De Iure Regis Ecclesiastico And though Parsons the Iesuite in his Answer unto that Report hath took much pains to vindicate the Popes Supremacy in this Kingdome from the first planting of the Gospel among the Saxons yet all he hath effected by it proves no more thâ—n this That the Popes by permission of some weak Princes did exercise a kinde of concurrent jurisdiction here with the Kings themselves but came not to the full and entire Supremacy till they had brought all other Kings and Princes of the Western Empire nay even the Emperors themselves under their command So that when the Supremacy was recognized by the Clergy in their Convocationâ—o K. H. 8. it was only the restoring of him to his proper and original power invaded by the Popes of these later Ages though possiâ—ly the Title of Supreme Head seemed to have somewhat in it of an 〈◊〉 At which Title when the Papists generally and Calvin in his Comment on the Prophet Amos did seem to be much scandalizâ—d it was with much wisdome changed by Q. Elizabeth into that of Supreme Governour which is still in use And when that also would not down with some queasie stomachs the Queen her self by her Injunctions published in the first year of her Reign and the Clergy in their Book of Articles agreed upon in Convocation about five years aâ—ter did declare and signifie That there was no authority in sâ—cred matters contained under that Title but that only Prerogative which had bâ—en given alwaies to all godly Princes in holy Scriptuâ—es by God himself that iâ— That they should rule all Estates and degrees committâ—d to their change by God whether they be Ecclesiastical or Temporal and to restrain with the Civil Sword the stubborn and evil dâ—ers as also to exclude thereby the Bishop of Rome from having any jurisdiction in the Realm of England Artic. 37. Lay this unto the rest before and tell me if you câ—n what hath been acted by the Kings of England in the Reformation of Religion but what is warranted unto them by the practise and example of the most godly Kings of Iewry seconded by the most godly Emperorâ— in the Christian Church and by the usage also of their own Predecessors in this Kingdome till Papal Usurpation carried all before it And being that all the Popes pretended to in this Realm was but Usurpation it was no wrong to take that from him which he had no right to and to restore it at the last to the proper Owner Neither Prescription on the one side nor discontinuance on the other change the case at all that noted Maxim of our Lawyers that no prescriptionâ—indes the King or Nullum tempus occurrit Regi as their own words are being as good against the Pope as against the Subject This leads me to the second part of this Dispute the dispossessing of the Pope of that supreme Power so long enjoyed and exercised in this Realm by his Predecessors To which we say that though the pretensions of the Pope were antient yet they were not Primitive and therefore we may answer in our Saviours words Ab initio non â—uit sic it was not so from the beginning For it is evident enough in the course of story that the Pope neither claimed nor exercised any such Supermacy within this Kingdome in the first Ages of this Church nor in many after till by gaining from the King the 〈◊〉 of Bishops under Henry the â— the exemption of the Clergy from the Courts of Justice â—nder Henry the 2. and the submission of King Iohn to the See of Rome they found themselves of strength sufficient to make good their Plea And though by the like artifices seconded by some Texts of Scripture which the ignorance of those times incouraged them to abuse as they pleased they had attained the like Supremacy in France Spain and Germany and all the Churches of the West yet his incroachmâ—nts werâ— opposed and his authority disputed upon all occasions especially aâ— the light of Letters did begin to shine Insomuch as it was not only determined essentially in the Councel of Constance one of the Imperial Cities of High Germany that the Councel was above the Pope and his Authority much 〈◊〉 by the Pragmatick Sanction which thence took beginning but Gerson the learned Chancellor of Paris wrote a full discourse entituled De auferibilitate Papae â—ouching the totall abrogating of the Papall Office which certainly he had never done in case the Papall Office had been found â—ssential and of intrinsecal concernment to the Church of Christ According to the Position of that learned man the greatest Princes in these times did look upon the Pope and the Papall power
they acted absolutely in their Convocations of their own Authority the Kingâ— Assent neither concurring nor required and by this sole Authority which they had in themselves they did not only make Canons declare Heresie convict and censure persons suspected of Heresie in which the subjects of all sorts whose Votes were tacitely included in the suffrages of their Pastors spiâ—itual Fathers were concerned alike But also to conclude the Clergy whom they represented in the point of Property imposing on them what they pleased and levying it by Canons of their own enacting And they enjoyed this power to the very day in which they tendred the submission which before we spake of For by this self-authority if I may so call it they imposed and levied that great Subsidie of 120000 l. an infinite sum as the Standard of the Times then was granted unto King Henry the 8. anno 1530. to free them from the fear and danger of the Praemuniâ—i By this Benefit of the Chapter called Similiter in the old Provincial extended formerly to the University of Oxon only was made communicable the same year unto Cambridge also By this Crome Latimer Bilney and divers others were in the year next following impeached of Heresie By this the Will and Testament of William Tracie of Toddington was condemned as scandalous and heretical and his body taken up and burnt not many daies before the passing of the Act of Submission anno 1532. But this power being thought too great or inconsistent at least with the Kings Design touching his divorce the Clergy were reduced unto such a straight by the degrees and steps which you find in the following Section as to submit their power unto that of the King and to promise in verbo sacerdotii that they would do and enact nothing in their Convocations without his consent And to the gaining of this point he was pressed the rather in regard of a Remonstrance then presented to Him by the House of Commons in which they shewed themselves aggrieved that the Clergy of this Realm should act Authoritatively and supremely in the Convocations and they in Parliament do nothing but as it was confirmed and ratified by the Royal Assent Which notwithstanding though this Submission brought down the Convocation to the same Level with the Houses of Parliament yet being made unto the King in his single person and not as in conjunction with his Houses of Parliament it neither brought the Convocation under the command of Parliaments nor rendred them obnoxious to the power thereof That which they did in former times of their self-authority in matters which concerned the Church without the Kings consent co-operating and concurring with them the same they did and might do in the Times succeeding the Kings Authority and Consent being superadded without the help and midwifery of an Act of Parliament though sometimes that Authority was made use of also for binding of the subject under Temporal and Legal penalties to yeeld obedience and conformity to the Churches Orders Which being the true state of the present businesse it makes the clamour of the Papists the more unreasonable but then withall it makes it the more easily answered Temporal punishments inflicted on the refractory and disobedient in â—Temporal Court may adde some strength unto the Decrees and Constitutions of the Church but they take none from it Or if they did the Religion of the Church of Rome the whole Mass of Popery as it was received and setled hâ—â—e in Qu. Marios Reign would have a sorâ—y câ—utch â—o stand upon and might as justly bear the name of a Parliament Faith as the reformed Religion of the Church of England It is true indeed that had those Convocations which were active in that Reformation being either call'd or summoned by the King in Parliament or by the Houses separately or 〈◊〉 without the King or had the Members of the same been nominated and impoâ—â—ered by the Hous alone and intermixt with a considerable number of the Lordâ— and Commons which being by the way the Case of this New Assembly I do not see how any thing which they agree on 〈…〉 the Clergy otherwise then imposed by a strong hand and against their priviledgeâ— Or finally had the conclusions or results thereof been oâ— no effect but as reported to 〈◊〉 confirmed in Parliament the Papists might have had some ground for so gross a câ—uâ—nny in calling the Religion which is now est bâ—ithâ—d by the name of a Parliament Religion and a Parliament Gâ—spel But so it is not in the Câ—se which is now before us the said â—ubmissiâ—n notwithstâ—nding For being the Convocation is still called by the same Authority as before it was the Members of that Body 〈◊〉 stilâ— the sâ—me priviledge with the same freedom of debate and determination and which is more the Pâ—ocurdtors of the Clergy invested with the same power and trust which before they had there was no alteration made by the said 〈◊〉 in the whole constitution and composure of it but onely the addition of a greater and more excellent power Nor was there any thing done here in that Reformation but either by the Clergy in their Convocations and in their Convocations rightly câ—lled and canonically constituted or with the councel and advice oâ— the Heads thereof in more private conferences the Parliaments of these Times contributing very little towards iâ— but acquieâ—cing in the Wiâ—dome of the Sovereign Prince and in the piety and zeal of the Ghostly Fathers This is the Ground work or Foundâ—â—ion of the following building It is now time I should proceed to the Superstructures beginning first with the Election of the Pope and vesting the Supremacie in the Regal Crown 2 Of the Ejection of the Pope and vesting the Supremacy in the Regall Crown ANd first beginning with the Ejection of the Pope and his Authority that led the way unto the Reformation of Religion which did after follow It was first voted and decreed in the Convocation before ever it became the subject of an Act of Parliament For in the Year 1530. 22 Hen. 8. the Clergy being caught in a premunire were willing to redeeâ— their danger by a sum of money and to that end the Clergy of the Province of Canterbury bestowed upon the King the sum of 100000 lâ— to be paid by equal portions in the same Year following but the King would not so be satisfied unless they would acknowledge him for the supream Head on earth for the Church of England which though it was hard meat and would not easily down amongst them yet it passed at last For being throughly debated in a Synodical way both in the upper and lower Houses of Convocation they did in fine agree upon this expression Cujus Ecclesiâ—e 〈…〉 To this they al consented and subscribed their hands and afterwards incorporated it into the publike Act or Instrument which was presented to the King in the Name of his Clergy for the redeeming of their errour and the grant
hands was by them presented to the King by His most excellent judgment to be allowed of or condemned This book containing the chief heads of Christian Religion was forthwith printed and exposed to publike view But some things not being cleerly explicated or otherwise subject to exception he caused it to be reviewed and to that end as Supream Head on Earth of the Church of England I speak the very words of the Act of Parl. 32. H. 8. c. 26. appointed the Archbishops and Bishops of both Provinces and also a great number of the best learned honestest and most vertuous sort of the Doctors of Divinity men of discretion judgment and good disposition to be called together to the intent that according to the very Gospel and Law of God without any partial respect or affection to the Papistical sort or any other sect or sects whatsoever they shâ—â—ld declare by writing publish as well the principal Articles and points of our Faith and Belief with the Declaration true understanding anâ— observation of such other expediâ—nt points as by them with his Grace advice councel and consent shall be thought needful and expedient as also for the lawful Rights Ceremonies and observation of Gods service within this Realm This was in the year 1540. at what time the Parliament was also sitting of which the King was pleased to make this especial use That whereas the work which was in hand I use again the words of the statute required ripe and mature deliberation and was not rashly to be defined and set forth and so not fit to be restrained to the present Session an Act was passed to this effect That all Determitions Declarations Decrees Definitions and Ordinances as according to Gods Word and Christs Gospel should at any time hereafter be set forth by the said Archbishops and Bishops and Doctors in Divinity now appointed or hereafter to be appointed by his Royal Majesty or else by the whole Clergy of England in and upon the matter of Christs Religion and the Christian Faith and the lawful Rights Ceremonies and Observations of the same by his Majesties advice and confirmation under the great Seal of England shall be by all his Graces subjects fully believed obeyed observed and performed to all purposes and intents upon the paines and penalties therein to be comprized as if the same had been in 〈◊〉 and 〈…〉 and fully made set forth declared and contained in the said Act 32. H. 8. c. 26. where note That the two House of Parliament were so far from â—edling in the matter which was then in hand that they did not so much as require to see the Determinations and Decrees of those learned men whom His Majesty had then assembled before they passed the present Act to bind the Subject fully to believe observe and perform the same but left it wholly to the judgment and discretion of the King and Clergy and trusted them besides with the ordaining and inflicting of such paines and penalties on disobedient and unconformable persons as to them seemed meet This ground-work laid the work went forwards in good order and at last being brought unto as much perfection as the said Arch-Bishops Bishops and other learned men would give it without the co-operation and concurrence of the Royal assent it was presented once again to the Kings consideration who very carefully perused it and altered many things with his own hand as appeares by the book it self â—â—ll extant in the famous Library of Sr Robert Cotton and having so altered and corrected it in some passages returned it to the Archbishop of Canterbury who bestowed some further paines upon it to the end that being to come forth in the Kings Name and by his Authority there might be nothing in the same which might be justly reprehended The business being in this forwardnesse the King declares in Parliament Anno 1544. being the 34 year of his Reign his zeal and care not onely to suppress all such Bookes and Writings as were noysome and pestilent and tended to the seducing of his subjects but also to ordain and establish a certain form of pure and sincere Teaching agreeable to Gods Word and the true Doctrine of the Catholick and Apostolick Church whereunto men may have recourse for the decision of some such controversies as have in Times past and yet do happen to arise And for a preparatory thereunto that so it might come forth with the greater credit he caused an Act to pass in Parliament for the abolishing of all Bookes and Writings comprizing any matters of Christian Religion contrary to that Doctrine which since the year 1540. is or any time during the Kings life shall be set forth by his Highnesse and for the punishment of all such and that too with most grievous 〈◊〉 which should preach teach maintain or defend any matter or thing contrary to the book of Doctrine which was then in readiness 34 35 H. 8. c. 1. Which done He canâ—ed the said book to be imprinted in the year next following under the Title of Anecessdry Doctrine for all sorts of people prefixing a Preface thereto in his Royal Name to all his faithful and loving Subjects that they might know the better in those dangerous Times what to believe in point of Doctrine and how they were to carry and behave themselves in points of practice Which Statute as it is the greatest Evidence which those Times afford to shew that both or either of the Houses of Parliament had any thing to do in matters which concerned Religion so it entitles them to no more if at all to any thing then that thâ—y did make way to a book of Doctrine which was before digested by the Clergy onely revised after and corrected by the Kings own hand and finally perused and perfected by the Metrâ—politan And more then so besides that being but one Swallow it can make no Summer it is acknowledged and confessed in the Act it self if Poulton understand it rightly in his Abridgment That recourse must be had to the Catholick and Apostolick Church for the decision of Controversies Which as it gives the Clergy the decisive power so it left nothing to the Houses but to assist and aid them with the Temporal Sword when the Spiritual Word could not do the deed the point thereof being blunted and the edge abated Next let us look upon the time of K. Ed. 6. and we shall finde the Articles and Doctrine of the Church excepting such as were contained in the book of Common-Prayer to be composed confirmed and setled in no other way then by the Câ—ergy onely in their Convocation the Kings Authority co-operating and concurâ—ing with them For in the Synod held in London Anno 1552. the Clergy did compose and agree upon a book of Articles containing the chief heads of the Christian Faith especially with reference to such points of Controversie as were in difference between the Reformators of the Church of England and the Church of Rome
whatsoever Unlesse he meanes upon the post-fact after the Church hath done her part in determining what was true what false what new what ancient and finally what Doctrines might be counted counterfeit and what sincere And as for Law 't is true indeed that by the Statute 1 Eliz. cap. 1. The Court of Parliament hath power to determine and judge of Heresie which at first sight seems somewhat strange but on the second view you will easily finde that this relates onely to new and emergent Heresies not formerly declared for such in any of the first four General Councels nor in any other General Councel adjudging by express words of holy Scripture as also that in such new Heresies the following words restrain this power to the Assent of the Clergy in their Convocation as being best able to instruct the Parliament what they are to do and where they are to make use of the secular sword for cutting off a desperate Hâ—retick from the Church of CHRIST or rather from the body of all Christian people 5 Of the Reformation of the church of England in the Formes of Worship and the Times appointed thereunto THis rub removed we now proceed unto a view of such Formes of Worship as have been setled in this Church since the first dawning of the day of Reformation in which our Parliaments have indeed done somewhat though it be not much The first point which was altered in the publike Liturgies was that the Creed the Pater-â—â—ster and the Ten Commandements were ordered to be said in the English Tongue to the intent the people might be perfect in them and learn them without book as our phrase is The next the setting forth and using of the English Letany on such dayes and times in which it was accustomably to be read as a part of the service But neither of these two was done by Parliament nay to say truth the Parliament did nothing in them All which was done in either of them was onely by the Kings Authority by vertue of the Headship or Supremacy which by way of recognition was vested in him by the Clergy either co-operating and concurring with them in their Convocations or else directed and assisted by such learned Prelates with whom he did advise in matters which concerned the Church and did relate to Reformation By vertue of which Headship or Supremacy he ordained the first and to that end caused certain Articles or Injunctions to be published by the Lord Cromwel then his Vicar General Anno 1536. And by the same did he give order for the second I mean for the saying of the Letany in the English Tongue by his own Royal Proclamation Anno 1545. For which consult the Acts and Monuments fol. 1248 1312. But these were only preparations to a greater work which was reserved unto the times of K. Edw. 6. In the beginning of whose Reign there passed a statute for the administring the Sacrament in both kindes to any person that should devoutly and humbly desire the same 1. E. 6. c. 1. In which it is to be observed that though the statute do declare that the ministring of the same in both kinds to the people was more agreeable to the first Iâ—stitution of the said Sacrament and to the common usage of the primitive Times Yet Mr. Fâ—x assures us and we may take his word that they did build that Declaration and consequently the Act which was raised upon it upon the judgment and opinion of the best learned men whose resolution and advice they followed in it fol. 1489. And for the Form by which the said most blessed Sacrament was to be delivered to the common people it was commended to the care of the most grave and learned Bishops and others assembled by the King at His Câ—stle of Windsor who upon long wise learned and deliberate advice did finally agree saith Fox upon one godly and uniform Order for receiving of the same according to the right rule of Scriptures and the first use of the primitive Church fol. 1491. Which Order as it was set forth in print Anno 1548. with a Proclamation in the name of the King to give authority thereunto amongst the people so was it recommended by especial Letters 〈◊〉 unto every Bishop severally from the Lords of the Councel to see the same put in execution A copy of which Letters you may finde in Fox fol. 1491. as afore is said Hitherto nothing done by Parliament in the Formes of Worship but in the following year there was For the Protector and the rest of the Kings Councel being fully bent for a Reformation thought it expedient that one uniform quiet and godly Order should be had thoroughout the Realm for Officiating Gods divine Service And to that end I use the words of the Act it self appointed the Archbishop of Canterbury and certain of the most learned and discreet Bishops and other learned men of the Realm to meet together requiring them that having aswel eye and respect to the most pure and sincere Christian Religion taught in Scriptures as to the usages in the Primitive Church they should draw and make one convenient and meet Oâ—der â—ite and fashion of Common Prayer and Administration of Sacraments to be had and used in this his Majesties Realm of England Well what did they being thus assembled that the Statute tels us Where it is said that by the aid of the Holy Ghost I pray you mark this well and with one uniform agreement they did conclude upon and set forth an Order which they delivered to the Kings Higness in a Book entituled The Book of Common Prayer and Administration of the Sacraments and other â—ites and Ceremonies of the Church after the use of the Church of England All this was done before the Parliament did any thing But what was done by them at last Why first considering the most godly travail of the Kings Highness and the Lord Protector and others of his Highness Councel in gathering together the said B. and learned men Secondly the Godly prayers Orders Rites and Ceremonies in the said Book mentioned Thirdly the motives and inducements which inclined the aforesaid learned men to alter those things which were altered and to retain those things which were retained And finally taking into consideration the honour of God and the great quietness which by the grace of God would ensue upon it they gave his Majesty most hearty and lowely thanks for the same and most humbly prayed him that it might be ordained by his Majesty with the assent of the Lords and Commons assembled in Parliament and by authority of the same that the said Form of Common-prayer and another after the Feast of Pentecost next following should be used in all his Majesties Dominions with several penalties to such as either should deprave or neglect the same 2. and 3. E. 6. cap. 1. So farre the very words of the Act it self By which it evidently appeareth that the two Houses of Parliament did nothing
to do either in making Canons or prescribing Orders for the regulating of Spiritual and Ecclesiastical matters and unto whom the same doth of right belong according to the Laws of the Realm of England And first King Henry being restored to his Headship or Supremacy call it which you will did not conceive himself so absolute in it though at the first much enamoured of it as not sometimes to take his Convocation with him but at all â—imes to be advised by his Prelates when he had any thing to do that concerned the Church for which there had been no provision made by the aâ—cient Canons grounding most times his Edicts and â—njunctiâ—ns Royal upon their advise and reâ—â—lution For on this grounâ— I mean the judgement and conclusions of his Convocation did he set out the 〈◊〉 of the yeaâ— 1536. for the aboâ—â—shing of superstitious Holy days the exâ—erminating oâ— the Popes authority the publishing of the book oâ— Articles which before we spake of â—um 8. by all Parsons Vicaâ—s and Curates for preaching down the use of Imâ—ges Reliques Pilgrimagâ—s and supeâ—stitious Miracles for reheaâ—sing oâ—enly in the Church in the English â—ongue the Creed the Pater noster and the ten Commandements for the due and râ—verend ministâ—iâ—g of the Sacraments and Sacramentals for providing English Bibleâ— to be set in every Church for the use of the people for the regular and sober life of Clergy men and the relief of the poor And on the other side the King proceeded sometimes onely by the advise of his Prelates as in the Injunctions of the year 1538. for quarteâ—ly Sermons in eâ—ch Parish for admitting nonâ— to preach but men sufficienâ—ly Licenced for keeping a Register book of Christnings Weddings and Burials for the due paying of Tâ—thes as had been accâ—stomed for the abolishing of the commemoration of Sâ— Thomas Becket For singing a Parce nobis Domine in stead of Ora prâ—nobis and the like to these And of this sort were the Injunctions which came oâ—t in some years succeeding for the taking away of Images and Reliques with all the Ornaments of the same and all the Monumâ—nâ—s and writings of feigned Miracles and for restraint of ofâ—â—ring or setting up Lights in any Churches but onely to the Blessed Sacrament of the Altar in which he was directed chiefly by Archbâ—shop Craâ—â—er aâ— also those for eating of white meats in the 〈◊〉 of Lent the abolishing the Fast on St Marks day and the ridiculous but supeâ—stitious sports accustomably used on the days of St. Clâ—ment St. Catherine and St. Niâ—holas All which and more was dâ—ne in the said Kings Reign without help of Parliament For which I shall reâ—er you to the Acts and Mon. fol. 1385 1425 1441. The like may also be afâ—irmed of the Injuâ—ctions published in the name of K. E. 6. An. 1547. and printed also then for the use of the Subjects And of the several Letters missive which went forth in his Name prohibiting the bearing of Candles one Candlemas day of Ashes in Lent and of Palms on Palm-sunday for the taking down of all the Images throughout the Kingdom for administring the Communion in both kinds dated March 13. 1548. for abrogating of pâ—ivate Masâ—es Iune 24 1549. for briâ—ging in all Missâ—ls Graduals Processionals Legends and Ordinals about the latter end oâ—December of the same year â—or taking down of Altars and setting up Tables in stead theâ—eof An. 1550. and the like to these All which partâ—cuâ—ars you have in 〈◊〉 book of Actâ— and Mon. in King Edwards life which whether they were done of the Kings meer motion or by advice of his Councâ—l or by coâ—sultation with his Bishops â—or there is little left upon Râ—cord of the Convocaâ—ions of that time more then the Articles of the year 1552 ceâ—tain I am that there was nothing done nor yet pâ—eâ—ended to be done in all these particulars by the authority oâ—Parliament Thus also in Qu. Elizabeâ—hs time before the new Bâ—shops were well setled and the Qâ—een asâ—ured of the afâ—ections of her Clergâ— she went that way to work in the Reformation which not onely her two Predecesâ—ors 〈◊〉 all the Godly Kings and Princes in the Jewish State and many oâ— thâ—Christian Emperours in the Primitive times had done before her in the well ordering oâ— the Church and peopâ—e committed to their care and government by Almighty God and to that end she published her Injunctions An. 1559. A book of Ordeâ—s An. 1561. Another of Advertisements An. 1562. All tending unto Reformation unto the building up of the new Ierusalem with the advise and counsel of the Metropolitan and some other godly Prelaâ—es who were then abâ—ut her by whom they were agreed on and subscribed unto before they were presented to her without the least concurrence of her Court of Parliâ—ment But when the times were better seâ—led and the first diâ—â—iculâ—ies of her Reign passed over she left Church work to the disposing of Church-men who by their place and calling were most proper for iâ— and they being met in Câ—â—vocation and thereto authorised as the laws required did make and publish several books of Canons as viz. 1571. An. 1584. An. 1597. Which being confirmed by the Queen undâ—r the broad seal of England were in force of Laws to all intents and purposes which they were first made but being confirmed without those formal words Her Heirs and Successors are not binding now but expired together with the Queen No Act of Paâ—liameâ—t required to confirm them then nor never required ever since on the like occasion A fuller evidence whereof wâ— cannot have then in the Canons of the year 1603. being the first year of King Iames made by the Clergie onely in the Câ—nvoâ—â—tion and confirmed onely by the King for though the old Canons were in force which had been made before the submisâ—ion of the Clergie as before I shewed you which served in all these wavering and unâ—etled tâ—mes for the perpetuâ—l standing rule of the Churches govenment yet many new emergent câ—seâ— did require new â—ules and whilest thâ—re is a possibility of Mali mores there will be a necessity of bona Leges Now in the confirmation of these Canons we shall find it thus That the Clâ—rgy being met in their Convocatioâ— according to the Tenour and effect of his Majesties Writ his Mâ—jâ—sty was pleased by virtue of his Prerogativâ— Royal and Supream authoriâ—y in causes Ecclesiastical to give and grant unâ—o them by his Letters Patents dated Apr. 12. and Iun. 25. full free and lawfuâ—l liberty licence power and authority to convene treat debate consider consult and agree upon such Canons Orâ—ders Ordinances and Constitutions as they should think necesâ—ary fit and convenient for the honor and service of Almighty God the good and quiet of the Church and the better government thereof from time to time c. to be kept by all persoâ—s within this Realm as far as lawfully being members oâ— the Church it may concern
the esteem and reputation of the Church of Christ And this hath been a practice even as old as Wicklisse who in the time of K. R. 2. addressed his Petition to the Parliament as we read in Walsingham for the reformation of the Clergy the rooting out of many false and erroneous Tenents and for establishing of his own Doctrines who though he had some Wheat had more Tares by ods in the Church of England And lest he might be thought to have gone a way as dangerous and unjustifiable as it was strange and new he laid it down for a position That the Parliament or Temporal Lords where by the way this ascribes no authority or power at all to the House of Commons might lawfully examine and reform the Disorders and Corruptions of the Church and a discovery of the errors and corruptions of it devest her of all Tithes and Temporal endowments till she were reformed But for all this and more then this for all he was so strongly backâ—d by the Duke of Lancaster neither his Petition nor his Position found any welcome in the Parliament further then that it made them cast many a longing eye on the Churches paâ—rimony or produced any other effect towards the work of reformation which he chiefly aimed at then that it hath since served for a precedent to Penry Pryâ— and such like troublesome and unquiet spirits to disturb the Church and set on foot those dreams and dotages which otherwise they duâ—st not publish And to say truth as long as the Clergy were in power and had authority in Convocation to do what thâ—y would in matters which concerned Religion those of the Parliament conceived it neither safe nor fitting to intermeddle in such business as concerned the Clergy for fear of being questioned for it at the Churches Bar. But when that Power was lessened though it were not lost by the submission of the Clergy to K. H. 8. and by the Act of the Supremacy which ensued upon it then did the Parliaments begin to intrench upon the Churches Rights to offer at and entertain such businesses as formerly were held peculiar to the Clergy only next to dispute their charters and reverse their priviledges and finally to impose some hard Lawes upon them And of these notable incroachments Matthew Parker thus complains in the life of Cranmer Qua Ecclesiasticarum legum potestate abdicata populus in Parliamento coepit de rebus divinis inconsulto Clero Sancire tum al sâ—ntis Câ—eri privilegâ—a sensim deâ—rahere juâ—aâ—â— duriora quibus Clâ—rus invitus teneretur Constituere But these were only tentamenta offers and undertakings only and no more then so Neither the Parliaments of K Edward or Q. Elizabeths time knew what it was to make Committees for Religion or thought it fit that Vzzah should support the Aâ—k though he saw it tottering That was a work belonging to the Levites only none of the other Tribes were to meddle with it But as the â—uritan Faction grew more strong and active so they applyed themselves more openly to the Houses of Parliament but specially to the House of Commons pâ—tting all power into their hands as well in Ecclesiastical and spiritual Causes as in mattâ—rs Temporal This amongst others confidently affirmed by Mr. Pryn in the Epistle to his book called Anti-Arminianism where he aâ—ers That all our Bishops our Ministers our Sacraments our Consecration our Articles of Religion our Homilies Common-prayer Book yea and all the Religion of the Church is no other way publiquely received supported or established amongst us but by Acts of Parliament And this not only since the time of the Reformation but that Religion and Church affairs were determined ratified declared and ordered by Act of Parliament and no waies else even then when Popery and Church-men had the greaâ—â—◠〈◊〉 Which strange assertion falling from the pen of so great a 〈◊〉 was forthwith cheerfully received amongst our Pharisces who hoped to have the highest places not only in the Synagogue but the Court of Sanhedrim advancing the Authority of Parliaments to so high a pitch that by degrees they fastened on them both an infallibility of judgement and an â—mnipotency of power Nor can it be denied to deal truly with you but that they met with many apt scholars in that House who either out of a desire to bring all the grist to their own Mill or willing to enlarge the great power of Parliaments by making new precedents for Posterity or out of faction or affection or what else you please began to put their Rules in practise and draw all matters whatsoever within the cognizance of that Court In which their embracements were at last so general and that humour in the House so prevalent that one being once demanded what they did amongst them returned this answer That they were making a new Creed Another being heard to say That he could not be quiet in his conscience till the holy Text should be confirmed by an Act of theirs Which passages if they be not true and real as I have them from an honest hand I assure you they are bitter jests But this although indeed it be the sicknesse and disease of the present Times and little to the honour of the Court of Parliament can be no prejudice at all to the way and means of the Reformation amongst sober and discerning men the Doctrine of the Church being setled the Liturgy published and confirmed the Canâ—ns authorized and executed when no such humour was predominant nor no such power pretended to by both or either of the Houses of Parliament But here perhaps it will be said that we are fallen into Charybâ—is by avoiding Sâ—ylâ—a and that endevouring to stop the mouth of this Popish Calumny we have set open a wide gap to another no lesse scandalous of the Presbyterians who being as professed enemies of the Kings as the Popes Supremacy and noting that strong influence which the King hâ—â—h had in Ecclesiastical affairs since the first attempts for Reformation have charg'd it as reproachfully on the Church of England and the Religion here estâ—blished 〈…〉 and a Regal-Gospel But the Answer unto this is 〈◊〉 For first the Kings intended by the Objectors did not act much in order to the Reformation as appears by that which hath been said but either by the advice and cooperation of the whole Clergy of the Realm in their Convocations or by the Counsel and consent of the Bishops and most eminent Church-men in particular Conferences which made it properly the work of the Clergy only the Kings no otherwise then as it was propounded by him or finally confirmed by the Civil Sâ—nction And secondly had they done more in it then they did they had been warranted so to do by the Word of God who hath committed unto Kings and soveraign Princes a Supreme or supereminent power not only in all matters of a Temporal or secular nature but in such aâ— do concern Religion and the Church
still â—steemed a cause sufficient â—or a General Councel And then besides it would be known by whom this General Councel was to be assemblâ—d if by the Pope as generally the Papists say he and his Court were looked on as the greatest grievance of the Christian Church and 't was not probable that he would call a Councell against himself unlesse he might have leave to pack it to govern it by his own Legats fill it with Titular Bishops of his own creating and send the Holy Ghost to them in a Clokâ—bag as he did to Trent If joyntly by all Christian Princes which is the common Tenet of the Protestant Schools what hopes could any man conceive as the times then were that they should lay aside their particulâ—r interesses to center all together upon one design or if they had agreed about it what power had they to call the Prelates of the East to attâ—nd the business or to protect them for so doing at their going home So that I look upon the hopes of a General Councel I mean a General Councel rightly called and constitâ—ted as an empty 〈◊〉 The mâ—st that was to be expected was but a meeting of some Bishops of the West of Europe and those but of 〈◊〉 party only such as were excommunicated and thâ—â— might be as many as the Pope should please being to be excluded by the Cardinals Rule Which how it may be callâ—â—â—n Oecumenial or General Councell unlesse it be a Topical Oecumenical a Particular-general as great an absurdity in Grammar as a Roman Catholick I can hardly see Which being so and so no question but it was either the Church must continue withouâ—â—eformatiâ—n or elâ—e it must be lawfull for National paâ—ticular Churches to reform themselves In such a case the Church â—ay be reformed per partes Part after part Province after Province as is said by Gerson But I do not meâ—◠〈◊〉 trouble you with this Disâ—â—â—◠〈…〉 may reform themselves by National or Provincial Counâ—â—ls 〈…〉 Church generall will not do it or that it cannot be effected by a General Councel hath been so fully proved by my Lord of Canterbury in his learned and elaborate discourse against Fisher the Iesuite thaâ— nothing can be added unto so great diligence But if it be objected as you say it is that National Councels have a power of Promulgation only not of 〈◊〉 also I answer first that this runs crosse to all the current of Antiquity in which not only National but Provincial Councels did usually determine in the poinâ—â— of Faith and these too of the greatest moment as did that of Antiâ—ch which if it were somewhat more then a National was notwithstanding never reckoned for a General Councel I answer secondly as before that for one Heresie suppressâ—d in a General Councel there have been ten at least suppressed in National and Provincial Synods wich could not be in case they had no power of Determination And thirdly That the Articles or Confession of the Church of England are only Declaratory of such Catholick Doctrines as were received of old in the Church of CHRIST not Introductory of new ones of their own devising as might be evidenced in particular were this place fit for it But what needs any proof at all when we have Confession For the Archbishop of Spalato a man as well studied in the Fathers as the best amongst them ingenuously acknowledged at the High Commission that the Articles of this Church were profitable none of them Heretical and that he would defend the honour of the Church of England against all the world And this he said at the very time of his departure when his soul was gone before to Rome and nothing but his carkasse left behinde in England The like avowed by Davenport or Franciscus a Sancta Clara call him which you will who makes the Articles of this Church rightly understood according to the literal meaning and not perverted to the ends of particular Factions to be capable of a Catholick and Orthodox sense which is as much as could be looked for from the mouth of an Adversary So much as cost one of them his life though perhaps it will be said that he died in prison and the burning of his body after his death though he endevoured to save both by a Retractation So that in thiâ— case 〈◊〉 we have omniâ— bene 〈◊〉 amisse in the proceedings of this Church with reference to the Pope or a General Councel But you will say that though we could not stay the calling of a General Councel which would have justified â—ur proceedings in the eyes of our Adversaries it had been requisite even in the way of civil Prudence to have taken the advice of the Sister-Churches especially of those which were â—ngaged at the same time in the same designs which would have addâ—d râ—putation to us in the eyes of our Friends As for the taking counsel of the Sister-Churches it hath been tâ—uchâ—d upon â—lready and thereâ—ore we shall say no more as tâ— that particular unlesse the Sister-Churches of these later timâ—â— had bâ—en like the Believers in the infancy of the Châ—istian Faith when they were all of one heart and one soul as the Scripture hath it Act. 4. their counsâ—ls had been 〈◊〉 if not destructive 'T is true indeâ—d united Councelâ— are the stronger and of greater weight and not to be neglected whâ—re they may be had but where they are not to be had we â—ust act without them And if we look into the time of our Reformation we shall finde those that were engaged in the same design divided into obstinate parties and holding the names of Luther and Zuinglius in an higher estimate then either the truth of the Opinion in which they differed or the common happinesse of the Church so disturbed between them The breath not lessened but made wider by the rise of Calvin succeeding not long after in the fame of Zuinglius besides that living under the command of several Princes and those Princeâ— driving on to their several ends it had been very difficult if not impossible to draw them unto such an Harmony of affections and consent in judgement as so gâ—eat a businesse did require So that the Church of England was necessitated in that conjuncture of affairs to proceed as it did and to act that single by it self which could not be effected by the common Councels and joynt concurrence of the others 'T is true Melanchthon was once coming over in King Henries daies but stâ—id his journey on the death of Qâ—een Anne Bullen and that he was after sent fâ—r by King Edward the sixth Regis Literiâ— in Angliam vocor as he affirms in an Epistle unto Camerarius anno 1553. But he was staid at that time also on some other occasion though had he come at that time he had come too late to have had any hand in the Reformation the Articles of the Church being passed the Liturgie reviewed and setled in
Doctrine and in such points of doctrine as have not been before defined or not defined in form and manner as before laid down the King only with a few of his Bishops and learned Clergy though never so well studied in the point disputed can do nothing in it That belongs only to the whole Body of the Clergy in their Convocation rightly called and constituted whose Acts being ratified by the King binde not alone the rest of the Clergy in whose names they Voted but all the residue of the subjects of what sort soever who are to acquiesce in their Resolutions The constant practise of the Church and that which we have said before touching the calling and authority of the Convocation makes this clear enough But if the thing to be Reformed be a matter practical we are to look into the usage of the primitive times And if the practise prove to have been both ancient and universally received over all the Church though intermitted for a time and by time corrupted the King consulting with so many of his Bishops and others of his most able Clergy as he thinks fit to call unto him and having their consent and direction in it may in the case of intermission revive such practise and in the case of corruption and degeneration restore it to its Primitive and original lustre whether he do it of himself of his own meer motion or that he follow the advice of his Councel in it whether he be of age to inform himself or that he doth relie on those to whom he hath committed the publick Government it comes all to one so they restrain themselves to the ancient patterns The Reformation which was made under Iosias though in his Minority and acting by the Counsel of the Elders as Iosephus telleth us Antiqu Iud 1. cap. was no lesse pleasiâ—g unto God nor lesse valid in the eyes of all his subjects then those of Iehâ—saphat and Hâ—zekiah in their riper years and perhaps acting â—iâ—gly on the strâ—ngth of their own judgements only withâ—ut any advice Now that there should be Liturgies for the use of the Church that those Liturgies shâ—uld be celebrated in a language understood by the people that in those Liturgiâ—s there should be some prescribed Formes for giving the Communion in both kindes for Baptizing Infants for the reverent celebration of Marriage performing the last office to the sick and the decent burial of the Dead as also for set Feasts and appointed Festivals hath been a thing of primitive and general practise in the Christian Church And being such though intermitted or corrupted as before is said the King advising with his Bishops and other Churchâ—men though not in a Synodical way may cause the same to be revised and revived and having fitted them to edification and increase of piety either commend them to the Church by his sole authority or else impose them on the people under certain penalties by his power in Parliament Saepe Coeleste Regnum per Terrenum proficit The Kingdome of Heaven said Reverend Isidore of Sevil doth many times receive increase from these earthly kingdomes in nothing more then by the regulating and well ordering of Gods publick worship We saw before what David did in this particular allotting to the Priest the Courses of their Ministration appointing Hymns and Songs for the Iewish Festivals ordaining singing-men to sing and finally prescribing Vestments for the Celebration Which what else was it but a Regulating of the worship of God the putting it into a solâ—mn course and order to be observed from time to time in succeeding ages Sufficient ground for Christian Princes to proceed on in the like occasions especially when all they do is rather the reviving of the Ancient Formes then the Introduction of a new Which as the King did here in England by his own Authority the Body of the Clergy not consulted in it so possibly there might be good reason why those who had the conduct of the Kings affairs thought it not safe to put the managing of the businesse to a Convocation The ignorance and superstition of the common people was at that time exceeding profitable to the Clergy who by their frequent Masses for the quick and dead raisâ—d as great advantage as Demetrius and the Silver-Smith by Dianas shrines It hapned also in a time when many of the inferiour Clergy had not much more learning then what was taught them in the Missals and other Rituals and well might fear that if the Service were once extant in the English tongue the Laity would prove in time as great Clerks as themselves So that as well in point of Reputation as in point of Pâ—ofit besides the love which many of them had to their former Mumpsâ—mus it was most probable that such an hard piece of Reformation would not easily down had it been put into the power of a Convocation especially under a Prince in Nonage and a state unsetled And yet it was not so carryed without them neither but that the Bishops generally did concur to the Confirmation of the Book or the approbation of it rather when it passed in Parliament the Bishops in that time and after till the late vast and most improvident increase of the Lay-nobility making the most considerable if not the greatest part of the House of Peers and so the Book not likely to be there allowed of without their consent And I the rather am inclined unto that Opinion because I finde that none but Tunstall Gardiner and Bonner were displaced from their Bishopricks for not submitting in this case to the Kings appointments which seems to me a very strong and convincing argument that none but they dissented or refused conformity Adde here that though the whole body of the Clergy in their Convocation were not consulted with at first for the Reasons formerly recited yet when they found the benefit and comfort which redounded by it to good Christian people and had by little and little weanâ—d themselves from their private interesses they all confirmed it on the Post-fact passing an Article in the Convocation of the year 1552. with this Head or Title viz. Agendum esse in Ecclesia lingua quae sit Populo nota which is the 25. Article in King Edwards Book Lay all that hath been said together and the result of all will be briefly this that being the setting out of the Liturgie in the Englishâ—ongue was a matter practical agreeable to the Word of God and the Primitive timâ—s that the King with so many of his Bishops and others oâ— the Clergy as he pleased to call to Counsel in it resolved 〈◊〉 on the doing of it that the Bishops generally confirmed it when it came before them and that the whole body of the Clergy in their Convocation the Book being then under a review did avow and justifie it The result of all I say is this that as the work it self I say was good so it was done not in a Regal
but a Regular way Kings were not Kings if regulating the external parts of Gods publick worship according to the Platformes of the Primitive times should not be allowed them But yet the Kings of England had a further right as to this particular which is a power conferred upon them by the Clergy whether by way of Recognition or Concession I regard not hâ—re by which they did invest the King with a Supreme Auâ—hority not only of confirming their Synodical Acts not to be put in exâ—cution without his consent but in effect to devolve on him all that power which firmly they enjoyed in their own capacity And to this we have a paralled Case in the Roman Empire in which there had bâ—â—n once a time when the Supreme Majesty of the Sâ—ate was vested in the Senate and people of Rome till by the Law which they called Lex Regia they transferred all their Power on Caesar and the following Emperors Which Law being passed the Edicts of the Prince or Emperor was as strong and binding as the Senatus Consulta and the Plâ—bisâ—ita had been before Whence came that memorable Maxim in Iustinians Iustitutes that is to say Quod Principi placuerit legis habet vigâ—rem The like may be affirmâ—d of the Church of England immediately before and in the reign of K. Henry 8. The Clergy of this Realm had a Self-authority in all matters which concerned Religion and by their Canons and Determinations did binde all the subjects of what rank soever till by acknowledging that King for their supreme Head and by the Act of submission not long after follâ—wing they transferred that power upon the King and on his Successoâ—s By doâ—ng wherâ—of they did not only diâ—able themselves from concluding any thing in their Convocations or puâ—ting â—heir results into execution without his conâ—ent but put him into the actual pâ—ssession of that Authoriâ—y which properly beâ—onged to the supremacy or the supreme Head in as â—ull manner as 〈◊〉 the Pâ—pe of Rome or any dâ—lâ—gated by and under him did before enjoy it After which 〈◊〉 whatsoever the King or his Successors did in the Râ—formâ—tion as it had vertually the power of the Convocations so was it as effectual and goâ—d in law as if the Clergy in their Câ—nvocation particularly and in terminis had agreed upon it Not that the King or his Successors were hereby enabled to exercise the Kâ—iâ—s and determine Heresies much lesse to 〈◊〉 the Word â—nd administer the Sacramentâ— as the Papists â—alsly gave it out but as the Heads of the Ecclesiastical Body of this Realm to see that all the members of that Body 〈◊〉 perform their duties to rectifie what was found amisse amongst them to preserve peace between them on emergent differences to reform such errors and corruptions as are expresly contrary to the word of God and finally to give strength and motions to their Councels and Determinations tending to Edification and increase of Piety And though in most of their proceedingâ— toward Reformation the Kiâ—gs advised with such Bishops as they had about them or could assâ—mble without any great trouble or inconvenience to advise witâ—all yet was there no necâ—ssity that all or the greatest partâ— of the Bishops should be drawn together for that purpose no more then it was anciently in the Primitive Times for the godly Emperors to câ—ll together the most part of the Bishops in the Roman Empire for the â—stâ—blishing of the matters which comâ—erned the Church or for the godly Kings of Iudah to call together the greatest part of the Priests and Levites before they acted any thing in the Reformation of those corruptions and abuses which were crâ—pt in amongst them Which being so and then withâ—â—l considering as we ought to do that there was nothing aâ—tered here in the state of Râ—ligion till either the whole Clergy in their 〈…〉 the Bâ—shops and most eminent Church-men had resolved upon it our Religion is no more to be called a Regal then a Parliament-Gospel 6 That the Clergy lost not any of their just Rights by the Act of Submission and the pâ—wer of calling and confirming Councels did anciently belong to the Christian Princes If you conceive that by ascribing to the King the Supreme Authority taking him for their Supreme Head and by the Act of Submission which ensued upon it the Clergy did unwittingly ensnare themselves and drew a Vasâ—allage on these of the times succeeding inconsistent with their native Rights and contrary to the usage of the Primitive Church I hope it will be no hard matter to remove that scruple It 's true the Clergy in their Convocation can do nothing now but as their doings are confirmed by the Kings authority and I conceive it stands with reason as well as point of State that it should be so For since the two Houses of Parliament though called by the Kings Writ can conclude nothing which may binde either King or Subject in their Civil Rights untill it be made good by the Royal Assent so neither is it â—it nor safe that the Clergy should be able by their Constitutions and Synodical Acts to conclude both Prince and People in spiritual matters untill the stamp of Royal Authority be imprinted on them The Kings concurrence in this case devesteth not the Clergy of any lawful power which they ought to have but restrains them only in the exercise of some part thereof to make it more agreeable to Monarchical Government to accommodate it to the benefit both of Prince and People It 's true the Clergy of this Realm can neither meet in Convocation nor conclude any thing therein nor put in execution any thing which they have concluded but as they are enabled by the Kings authority But then it is as true withall that this is neither inconsistent with their native Rights nor contrary unto the usage of the Primitive Times And first it is not inconsistent with their native Rights it being a peculiar happinesse of the Church of England to be alwaies under the protection of Christian Kings by whose encouragement and example the Gospel was received in all parts of this Kingdome And iâ— you look into Sir Henry Spleman's Collection of the Saxon Councels I believe that you will hardly finde any Ecclesiastical Canons for the Government of the Church of England which were not either originally promulgated or after approved and allowed of either by the Supreme Monarch of all the Saxons or by some King or other of the several 〈◊〉 directing in their National or Provincial Synods And they enjoyed this Prerogative without any dispute after the Norman Conquest also till by degrees the Pope ingrossed it to himself as before was shewn and then conferred it upon such as were to exercise the same under his authority which plainly manifests that the Act of Suâ—mission so much spoke of was but a changing of their dependance from the Pope to the King from an usurped to a lawful power from one
to whom they had made themselves a kinde of voluntary slaves to him who justly challenged a natural dominion over them and secondly that that submission of theirs to their natural Prince is not to be considered as a new Concessiâ—n but as the Râ—cognition only of a former power In the next place I do not finde it to be contraâ—y to the usage of the primitive times I grant indeed that when the Church was under the command of the Heathen Emperorâ— the Clergy did assemble in their National and Provincial Synods of their own Authority which Councels being summoned by the Metropolitans and subscribed by the Clergy were of sufficient power to binde all good Christians who lived within the Verge of their Jurisdiction They could not else assemble upon any exigence of affaiâ—s but by such authority But it was otherwise when the Church came under the protection of Christian Princes all Emperors and Kings from Constantine the Great till the Pope carried all before him in the darker times accompting it one of the principal flowers as indeed it was which adorned their Dâ—adems I am not willing to beat â—n a common place But if you please to look into the Acts of ancient Councels you will finde that all the General Councels all which deserve to be so called if any of them do deserve it to have been summoned and confirmed by the Christian Emperors that the Câ—uncel of Arles was called and confirmed by the Emperor Constantine that of Sardis by Constans that of Lampsacus by Valentinian that of Aquiâ—eia by Theodosius that of Theâ—â—alâ—nica National or Provincial all by the Emperor Gratian that when the Western Empire fell into the hands of the French the Councels of Aâ—on Mentâ— Meldâ—n Wormes and Colen received both life and motion â—â—om Charles the Great and his Successors in that Empâ—re it being evident in the Records of the Gallican Church that the opening and confirming of all their Councels not only under the Caroline but under the Merovignean Family was alwaies by the power sometimes with the Presidence of their Kings and Princes as you may finde in the Collections of Lindebrogius and Sirmondus the Iesuite and finally that in Spain it self though now so much obnoxious to the Papal power the two at Bracara and the ten first holden at Toledo were summoned by the Writ and Mandate of the Kings thereof Or if you be not willing to take this pains I shall put you to a shorter and an easier search referring you for your better information in this particular to the learned Sermon preached by Bishop Andrewes at Hampton Court anno 1606. touching the Right and power of calling Assemblies or the right use of the Trumpets A Sermon preached purposely at that time and place for giving satisfaction in that point to Melvin and some leading men of the Scotish Puritans who of late times had arrogated to themselves an unlimited power of calling and constituting their Assemblies without the Kings consâ—nt and against his will As for the Vassallage which the Clergy are supposed to have drawn upon themselves by this Submission I see no fear or danger of it as long as the two Houses of Parliament are in like condition and that the Kings of England are so tender of their own Prerogative as not to suffer any one Body of the Subjects to give a Law unto the other without his consent That which is most insisted on for the proof hereof is the delegating of this power by King Henry the 8. to Sir Thomas Cromwell afterwards Earl of Essex and Lord high Chamberlain by the name of his Vicar General in Ecclesiastical matters who by that name pâ—esided in the Convocation anno 1536. and acted other things of like nature in the years next following And this especially his presiding in the Convocation is looked on both by Sanders and some Protestant Doctors not only as a great debasing of the English Clergie men very learned for those times but as deforme satis Spectacuâ—um a kâ—nde of Monstrosity in nature But certainly those men forget though I do not think my self bound to justifie all King Harrâ—es actions that in the Councell of Chaâ—â—â—don the Emperor apointed certain Noble-men to â—it as Judges whose names occurre in the first Action of that Councell The like we finde exemplified in the Ephesine Councell in which by the appointment of Theodâ—sius and Valentinian then Roman Empâ—rours Candidianus a Count Imperiall â—ate as Judge oâ— President who in the managing of that trust over acted any thing that Cromwell did or is objected to have been done by him as the Kings Commissioner For that he was to have the first place in those publick meetings as the Kings Commissioner or his Vicar-General which you will for I will neither trouble my self nor you with disputing Titles the very Scottish Presbyters the most rigid sticklers for their own pretended and but pretended Rights which the world affords do not stick to yeeld No vaâ—â—allage of the Clergy to be â—ound in this as little to be feared by their submission to the King as their Supreme Governour Thus Sir according to my promise and your expectation have I collected my Remembrances and represented them unto you in as good a fashion as my other troublesome affairs and the distractions of the time would give me leave and therein made you see 〈◊〉 my judgement fail not that neither our King or Parliaments have done more in matters which concern'd Religion and the Reformation of this Church then what hath formerly been done by the secular Powers in the best and happiest times of Christianity and consequently that the clamours of the Papists and Puritans both which have disturbed you are both false and groundlesse Which if it may be serviceable to your self or others whom the like doubts and prejudices have possessed or scrupled It is all I wish my studies and endevours aiming at no other end then to do all the service I can possibly to the Church of God to whose Graces and divine Protection you are most heartily commended in our Lord and Saviour Iesus Christ By Sir Your most affectionate friend to serve you Peter Heylyn
and other Opponents whatsoever which after were approved and published by the Kings Authority They were in number 41. and were published by this following Title that is to say Articuli dâ— quibus in Synoâ— London Anno 1552. 〈…〉 Religion is firmandum inter Episcopos alios Eruditis 〈◊〉 Convenerat Regia authoritate in lucem Editi And it is worth our observation that though the Parliament was held at the very time and that the Parliament passed several Acts which concerned Church-matters as viz. An Act for Vniformity of Divine Service and for the confirmation of the book of Ordination 5 and 6 Edw. 6. c. 1. All Act declaring which dayes onely shall be kept for Holy dayes and which for Fasting dayes C. 3. against striking or drawing weapon either in the Church or Church-yard C. 4. And finally another Act for the legitimating of the Marriages of Priests and Ministers C. 12. Yet neither in this Parliament nor in that which followed is there so much as the least syllable which reflecteth this way or medleth any thing at all with the book of Articles Where by the way if you behold the lawfulnesse of Priests Marriages as a matter Doctrinal or think we owe that point of Doctrine the indulgence granted to the Clergy in it to the care and goodness of the Parl. you may please to know that the point had been before determined in the Convocation stands determined by and for the Clergy in the 31 of those Articles and that the Parliament looked on it as a point of Doctrine but as it was a matter practical conducing to the benefit and improvement of the Common-wealth Or if it did yet was the statute built on no other ground-work than the Resolution of the Clergy the Marriage of Priests being before determined to be most lawfull I use the very words of the Act it self and according to the Word of God by the learned Clergy of this Realm in their Convocations as well by the common assent as by subscriptions of their hands 5 6. Edw. 6. chap. 12. And for the time of Queen Elizabeth it is most manifest that they had no other body of Doctrine in the first part of her Reign then onely the said Articles of K. Edwards book and that which was delivered in the book of Homilies of the said Kings time in which the Parliament had as little to do as you have seen they had in the book of Articles But in the Convocation of the year 1562. being the fifth of the Qu. Reign the Bishops and Clergy taking into consideration the said book of Articles and altering what they thought most fitting to make it more conducible to the use of the Church and the edification of the people presented it unto the Queen who caused it to be published with this Name and Title viz. Articles whereupon it was agreed by the Arch-Bishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London Anno 1562 for the avoiding of diversity of Opinions and for the establishing of Consent touching true Religion put forth by the Queens authority Of any thing done or pretended to be done by the power of the Parliament either in the way of approbation or of confirmation â—ot one word occurs either in any of the printed books or the publique Registers At last indeed in the 13th of the said Queens Reign which was 8 years full after the passing of those Articles comes out a statute for the redressing of disorders in the Ministers of holy Church In which it was enacted That all such as were ordained Priests or Ministers of Gods Word and Sacraments after any other form then that appointed to be used in the Church of England all such as were to be ordained or permitted to preach or to be instituted into any Benefiâ—e with â—ure of soules should publikely subscribe to the said Articles and testifie their assent unto them Which shews if you observe it well that though the Parliament did well allow of and approve the said book of Articles yet the said book owes neither confirmation nor authority to the Act of Parliament So that the wonder is the greater that that most insolent scoff which is put upon us by the Church of Rome in calling our Religion by the name Parliamentaria Religiâ— should pass so long without controle unlesse perhaps it was in reference to our Formes of Worship of which I am to speak in the next place But first we must make answer unto some Objections which are made against us both from Law and Practice For Practice first it is alleadged by some out of Bishop Iewel in his Answer to the cavil of Dr Harding to be no strange matter to see Ecclesiastical Causes debated in Parliament and that it is apparent by the Lawes of King Inas King Alfred King Edward c. That our godly fore-fathers the Princes and Peers of this Realm never vouchsafed to treat of matters touching the common State before all controversies of Religion and Causes Ecclesiastical had been concluded Def. of the Apol. part 6 chap. 2. sect. 1. But the answer unto this is eaâ—â—e For first if our Religion may be called Parliamentarian because it hath received confirmation and debate in Parliament then the Religion of our Fore-fathers even Papistry it self concerning which so many Acts of Parliament were made in K. Hen. 8. and Q. Maries time must be called Parliamentarian also And secondly it is most certain that in the Parliaments or Common-Councels call them which you will both of King Inas time and the rest of the Saxon Kings which B. Iewel speaks of not onely Bishops Abbots and the higher part of the Clergy but the whole Body of the Clergy generally had their votes and suffrages either in person or by proxie Concerning which take this for the leading Case That in the Parliament or Common-councel in K. Ethelberts time who first of all the Saxon Kings received the Gospel the Clergy were convened in as full a manner as the Lay-Subjects of that Prince Convoâ—ati communi Concilio tam Cleri quam Populi saith Sr H. Spelman in his Collection of the Councels Ann. 605. p. 118. And for the Parliament of King Ina which leades the way in Bishop Iewel it was saith the same Sr H. Spelman p. 630. Communi Concilium Episcoporum Procerum Comitum nec non omnium Sapientum Seniorum populorumque totius Regni Where doubtless Sapientes and Seniores and you know what Seniores signifieth in the Ecclesiastical notion must be some body else then those which after are expressed by the name of Populi which shews the falshood and absurdity of the collection made by Mr Pryn in the Epistle to his book against Dr Cousins viz. That the Parliament as it is now constituted hath an ancient genuine just and lawful Prerogative to establish true Religion in our Church and to abolish and suppress all false new and counterfeit Doctrines