And when in the first times of Christs Church Prelates used this power 't was therefore onely because in those dayes they had no Christian Kings And it was then so onely used as in times of persecution that is with supposition is case it were required of submitting their very lives unto the very laws and commands even of those pagan Princes that they might not so muchas seem to disturb their civil Government which Christ came to confirm but by no meanes to undermine CHARLES by the Grace of GOD c. Now for asmuch as the said Lord Arch-bishop of Canterbury President of the said Convocation for the province of Canterbury and the said Arch-bishop of Yorke President of the said Convocation for the Province of Yorke and others the said Bishops Deans Arch-deacons Chapters and Colleges with the rest of the Clergie having met together respectively at the time and places before mentioned respectively and then and there by vertue of Our said authority granted unto them treated of concluded and agreed upon certaine Canons Orders Ordinances and Constitutions to the end and purpose by Vs limited and prescribed unto them have thereupon offered and presented the same unto Vs most humbly desiring Vs to give our Royall assent unto the same according to form of a certain Statute or Act of Parliament made in that behalfe in the 25th yeer of the Reign of King Henry the eighth and by Our said Prerogative Royall and Supream authority in Causes Ecclesiasticall to ratifie by Our Letters Patents under Our great Seal of England and to confirm the same The Title and Tenour of them being word for word as ensueth Wee of Our Princely inclination and Royall care for the maintenance of the present Estate and government of the Church of England by the Lawes of this Our Realme now setled and established having diligently with great contentment and comfort read and considered of all these their said Canons Orders Ordinances and Constitutions agreed upon as is before expressed And finding the same such as Wee are perswaded will be very profitable not only to Our Clergy but to the whole Church of this Our Kingdome and to all the true Members of it if they be well observed Have therefore for Vs. Our Heires and lawfull Successours of Our especiall grace certaine knowledge and meere motion given and by thâ—se presents doe give Our Royall Assent according to the forme of the said Statute or Act of Parliament aforesaid to all and every of the said Canons Orders Ordinances and constitutions and to all and every thing in them contained as they are before written And furthermore We do not onely by our said Prerogative Royall and supreme Authority in Causes Ecclesiasticall ratifie confirme and establish by these Our Letters Patents the said Canons Ordinances and Constitutions and all and every thing in them contained as is aforesaid but do likewise propound publish and straightly injoyne and command by Our said Authority and by these Our Letters Patents the same to be diligently observed executed and equally kept by all Our loving Subjects of this Our Kingdome both within the Provinces of Canterbury and Yorke in all points wherein they do or may concerne every or any of them according to this Our will and pleasure hereby signified and expressed And that likewise for the better observation of them every Minister by what name or title soever he be called shall in the Parish Church or Chappell where he hath charge read all the said Canons Orders Ordinances and Constitutions at all such times and in such manner as is prescribed in the said Canons or any of them The Booke of the said Canons to be provided at the charge of the Parish betwixt this and the Feast of S. Michael the Arch-angell next ensuing straightly charging and commanding all Archbishops Bishops and all other that exercise any Ecclesiasticall jurisdiction within this Realme every man in his place to see and procure so much as in them lyeth all and every of the same Canons Orders Ordinances and Constitutions to be in all points duly observed not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same as they tender the honour of God the peace of the Church the tranquillity of the Kingdome and their duties and service to Vs their King and Soveraigne In witnesse whereof We have caused these Our Letters to be made Patents Witnesse Our Selfe at Westminster the thirtieth day of Iune in the sixteenth yeare of Our Reigne By all these Patents with others of like nature directed to all our Convocations by our Kings in former and latter times by Our present Parliaments manner of calling limiting directing our present Assembly of Divines in all particulars of their proceedings and debates appointing some eminent Members of both Houses to sit and consult together with them and to certifie all their results and determinations to them to be considered rectified rejected or approved by both Houses as they in their wisdomes shall see cause and by the fore-cited premises it is most apparent that the Arch-bishops Bishops Clergy and Convocation of England assembled Synodically together much lesse then any particular Independent Minister or Congregation notwithstanding all their late printed vaunts of their Ecclesiasticall soveraigne Iurisdiction by divine right and power to prescribe and enjoyne Visitation-Oaths Articles new Rites and Ceremonies of their owne Inventions both unto Ministers and people which they seconded with their practice to the insufferable grievance and oppression of the people are so farre from having any lawfull right power and authority to make prescribe any Ecclesiasticall Injunctions Canons Lawes Rites Ceremonies or forme of Government to any of his Majesties Subjects that though they be lawfully assembled together in a Provinciall or Nationall Synod by the Kings owne Writ or Parliaments command yet they cannot legally or of right so much as treat debate consult of any Ecclesiasticall affaires without a speciall licence first obtained from the King or Parliament and then only of such generals or particulars as they shall prescribe them much lesse compile enact promulge impose or execute any Ecclesiasticall Canons Lawes Injunctions Ordinances Oaths without their speciall approbation and ratification of them by their speciall Letters Patents under the great Seale and by Act of Parliament too as hath been lately resolved by unanimous consent of both Houses in the case of the condemned new booke of Canons The like I have proved of the Bishops Clergie Councels in other Christian Empires and Kingdomes Where then is that immense Episcopall jurisdiction authority preheminence superiority power in point of dominion over and beyond that of ordinary Ministers which our Lordly Prelats lately so much boasted of and pleaded for as due unto them by no lesse then divine institution if we may beleeve them not by the Grace Patents Grants or connivence of Christian Princes Let these swelling ambitious Grandees
his temporalities goods Chattels seised into the Kings hands Who yet would not yeeld but pronounced them all excommunicate who disobeyed the former constitution which being made onely by the Clergy and not ratified by King and Parliament was held but a meere idle nullity and audacious disobedient attempt obliging neither King nor subject Anno 1418. A Provinciall Synod was held at London under Henry Chichely Archbishop of Canterbury Where upon the motion of Robert Guilbert President of Merton Colledge in Oxford and of Thomas Kington it was decreed That the Patrons of Ecclesiasticall benefices when they fell voyd should conferre them upon such who were Graduates in the Universities having a respect of their degree and profession according to the value of the living This Constitution being propounded in the Congregation in the University to be there ratified the Masters of Arts Monks and Professors who exceeded the Regents of the University in multitude rejected and refused it but K. Henry the fifth being addicted to learning An. 1420. writ to the Synod then assembled at London wherein the Chancellors both of Oxford and Cambridge petitioned that it might be received though the Maisters of Art had refused to receive it to passe the Decree which some Friars there opposed Judge in Parliamento postea confirmavit and he afterwards confirmed the same in Parliament Loe here a Constitution first made in a Synod or Convocation rejected in both Vniversities because not then confirmed by the King in Parliament to make it binding and efficatious for future times a most pregnant evidence for proofe of that I now contend for To cite more presidents of this nature in former ages would be more tedious than necessary in so plaine a case I shall therefore passe from Councels and Synods to direct Acts of Parliament touching Religion and Church affaires As high as we have any Acts of Parliament since the Conquest remaining on Record We finde all Ecclesiasticall matters and Church affaires setled and ratified by speciall Acts of Parliament only not by the Clergies Canons The great Charter of England first granted by King Henry the first ratified afterwards at Runing-Mead by King John revived by King Henry the third in the ninth yeare of his Raigne confirmed frequently by him afterwards by King Edward the first in the 28th yeare of his Raigne yea by all or most of his successors in speciall Acts of Parliament by the Petition of Right 3. Caroli begins thus Know yee that we to the honour of Almighty God and for the salvation of the Soules of our Progenitors and Successors Kings of England to the advancement of holy Church c. First We have granted to God and by this our present Charter have confirmed for Vs and our Heires for ever more that the Church of England shall be free and have all her rights and liberties inviolable And that all her elections shall bee free c. An. 1164. In February there was a Parliament held at Clarindon by King Henry the 2d his command who was there present where all the Archbishops Bishops Abbotts Priors Earles Barons Nobles and great men of the Realm made a Recognition or Recerd of part of the Customes and Liberties of the Kings Ancestors to wit of King Henry the first and others which ought to be observed and kept by all men in the Realm by reason of the dissention and discords frequently emerging betweene the Clergy and the Kings Iustices and great men of the Realme the substance whereof was conteined in these 16. Chapters recorded by Matthew Paris 1. That if any controversie concerning the advowson and presentation of Churches should arise betweene Laymen or betweene Laymen and Clergie men it should bee heard and determined in the Court of our Lord the King 2. That the Churches of the Fee of our Lord the King could not bee given in perpetuity or appropiated without his grant or concession 3. That Clergiemen accused of any thing being summoned by the Kings Iustice should come into the Kings Court to answer the same there that so the Kings Court might determine what was to bee answered there and what fit to be answered in the Ecclesiasticall Court that so the Iustice might send into the Court of holy Church to see how the matter shall there be handled And if the Clarke shall be convict or confesse the crime that the Church from thenceforth ought not to protect him 4. That it shall not be lawfull to the Archbishops Bishops and persons of the Realme to goe out of the Realme without the Licence of our Lord the King and if they shall goe thence if it shall please the King they shall give him security that neither in going nor in returning nor in staying they shall procure hurt or dammage to our Lord the King or the Realme 5. That excommunicate persons ought not to give a pledge to remaine vadium ad remanentiam nor to take an Oath but onely to give a surety or pledge of standing to the judgment of the Church where they are absolved 6. That Laymen ought not to be accused but by lawfull accusers witnesses in the presence of the Bishop that the Arch-Deacon may not lose his right nor any thing that he ought to have from thence And if those who are accused shall be such that no man will or dares to accuse the Sheriffe being required by the Bishop shall sweare twelve lawfull men of the Vicenage or Town before the Bishop that they shall manifest the truth concerning such according to their Consciences 7. No man who holds of the King in Capite nor any of his Dominicall Ministers or house-hold servants shall be excommunicated nor the Lands of any one of them put under interdict unlesse our Lord the King if he bee within the Realme be first acquainted therewith or his Iustice if he shall be forth of the Realme the reason then rendred was lest the King should at unawares Kisse or admit to his Councell such an excommunicate person resorting to him that so he may doe right concerning him and see that what appertaineth to the Kings Court shall be there determined and that what belongeth to the Ecclesiasticall Court may bee sent unto it that it may bethere descided 8. Concerning appeales if they shall happen they ought to proceed from the Arch-Deacon to the Bishop from the Bishop to the Archbishop and if the Archbishop shall faile in exhibiting Iustice they may appeale to our Lord the K. in the last place and that by his precept the controversie may be ended in the Arch-Bishops Court so that there ought to bee no further proceeding without the assent of our Lord the King 10. If any be cited by the Arch-Deacon or Bishop for any offence for which he ought to answer to them and will not appeare upon their citations it shall bee lawfull for them to put him under interdict but they ought not to excommunicate him till he be convented before the
such Canons Orders Ordinances and Constitutions as they shall thinke necessary fit and convenient for the honour and service of Almighty God and quiet of the Church and the better government therof c. And our present Soveraign King Charles in his Declaration printed before the 39. Articles of the Church of England made by the advise of so many of the Bishops as might conveniently be called twice printed by his speciall command An. 1628. resolves in these very words this point of his royall Prorogative derived from his Predecessors That We are supreame Governour of the Church of England and that If any difference arise about the externall policie concerning Iniunctions Canons or other Constitutions whatsoever thereto belonging the Clergy in their Convocation not the Bishops in their Consistories Visitations or high Commissions is to order and settle them having first obtained leave under Our broad Seale so to do and We approving their said Ordinances and Constitutions provided that none be made contrary to the Lawes and Customes of the Land What power our Kings have excercised in Convocations to direct and limit them in all their proceedings determinations Canons in former ages especially since 25. Hen. 8. c. 19. will appeare First by the forme of our Kings Writs for summoning a Convocation of which I shall give you onely one late president agreeing in forme and substance with all former Writs of this kinde CAROLVS Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Reverendissimo in Christo Patri ac fideli Conciliariâ— Nostro Gulielmo eadem gratia Cantur A chiepis totius Angliae Primati Metropolitano salutem Quibusdam arduis urgentibus negotiis Nos securitatem defensionem Ecclesiae Anglicanae ac pacem tranquilitatem bonum publicum Defensionem regni Nostri subditorum Nostrorum ejusdem concernentibus Vobis in fide dilectione quibus Nobis tenemini rogando mandamus quatenus remissis debito intuitu attentis ponderatis universos singulos Episcopos vestrae Provinciae ac Decanos Ecclesiarum Cathedralium nec non Archidiaconos Capitula Collegia totumque Cleâ—um cujuslibet diocesios ejusdem Provinciae ad comparendum coram vobis in Ecclesia Catholica sancti Pauli London decimoquarto die Aprilis proximè futuro vel alibi prout melius expedire videritis cum omni celeritate accommoda modo debito convocari facias ad tractandum consentiendum concludendum super premissis aliis quae tibi clarius exponentur tunc ibidem ex parte Nostra Et hoc sicut Nos Statum Regni Nostri ac honorem utilitatem Ecclesiae praedictae diligitis nulla tenus omittatis Teste meipso apud Westmonast vicesimo die Februarii Anno regni Nostri quintodecimo Secondly by the forme of the Kings royall License commonly granted to the Convocation before they may or can debate of any thing particularly the forme whereof you may discerne in this subjoyned directed to the last Convocation 1640. CHARLES By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas in and by one Act of Parliament made at Westminster in the five and twentieth year of the Raigne of King Henry the Eighth reciting That whereas the Kings humble and obedient Subjects the Clergie of this Realme of England had not onely knowledged according to the truth that the Convocation of the same Clergie were alwayes had bin and ought to bee assembled by the Kings Writ but also submitting themselves to the Kings Majesty had promised in verbo Sacerdotii that they would never from thenceforth presume to attempt alledge claime or put in uâ—e or enact promulge or execute any new Canons Constitutions Ordinances provinciall or other or by whatsoever other name they should bee called in the Convocation unlesse the said Kings most Royall assent and license might to them be had to make promulge and execute the same and that the said King did give his most Royall assent and authority in that behalfe It was therefore enacted by the authority of the sayd Parliament according to the said submission and Petition of the said Clergie amongst other things that they nor any of them from thenceforth should enact promulge or execute any such Canons Constitutions or Ordinances provinciall by whatsoever name or names they might be called in their Convocations in time comming which alwayes shall bee assembled by authority of the Kings Writ unlesse the same Clergie might have the Kings most Royall assent and license to make promulge and execute such Canons Constitutions and Ordinances provinciall or Synodall upon pain of every one of the said Clergie doing contrary to the said Act and being thereof convict to suffer imprisonment and make fine at the Kings will c. Know ye that We for divers urgent and waighty causes and considerations Vs thereunto especially moving of Our especiall Grace certaine knowledge and meere motion have by vertue of Our Prerogative Royall and supream authority in Causes Ecclesiasticall given and granted and by these presents do give and grant full free and lawfull liberty license power and authority unto the most Reverend Father in God William Lord Arch-Bishop of Canâ—terbury Primate of all England and Metropolitan President of this Convocation for the Province of Canterbury and to the rest of the Bishops of the same Province and to all Deans of Cathedrall Churches Archdeacons Chapters and Colledges and the whole Clergy of every severall Diocesse within the said Province that they or the greater number of them wherof the said President of the said Convocation to be alwayes one shall and may from time to time during our will and pleasure propose conferre treat debate consider consult and agree upon the exposition or alteration of any Canon or Canons now in force and of and upon such other new Canons Orders Ordinances and Constitutions as they the said Lord Arch-bishop of Canterbury President of the said Convocation and the rest of the said Bishops and other the Clergie of the same Province or the greater number of them wherof the sayd Lord Arch-bishop of Canterbury President of the said Convocation to be one shall thinke necessary fit and convenient for the honor and service of Almighty God the good and quiet of the Church and the better government thereof to be from time to time observed performed fulfilled and kept as well by the sayd Lord Arch-bishop of Canterbury the Bishops and their successors and the rest of the whole Clergy of the sayd Province of Canterbury in their severall callings offices Functions Ministeries degrees and administrations as also by all and every Deane of the Arches and other Iudges of the sayd Arch-bishops Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officialls Registers and all and every other Ecclesiasticall Officers and their inferiour ministers whatsoever of the same Province
Greeks on the left hand the Latine Clergy on the right and himselfe would have sate in the midst but the Emperor withstood it saying Locum ipsum sibi potiùs quà m summo Pontifici convenire That that place did rather belong to him than to the Pope But after many contestations they all accorded at last that the Pope and his Clergy should sit on the right side the Emperor and his Greeks on the left of the Church one right over against the other and neither Pope nor Emperor in the midst In the Councell of Lateran under Leo the tenth there were divers Ambassadors Princes Nobles and Lay-men present in every Session Sigismond King of Poland had his Ambassadors and Orators there chosen by himselfe his Princes Lords Spirituall and Temporall Nobles and Commons in full Parliament who gave them full Power and Commission for them and every of them Pro Nobis ac Regnis Dominiis Principibus Spiritualibus Secularibus Proceribus Populis ditioni Nostrae Subjectis saith their Commission under the Kings Seale 10. Aprilis Anno 1515. to treat of handle conclude agree and determine of all things in their names and steads that should bee propounded or handled in that Councell concerning Religion or the Church Etiamsi talia forent quae mandatum exigerent magis speciale quà m praesentibus est insertum Promising that they would ratifie grant confirme and establish whatever should be there done and acted by their Orators Maximilian Duke of Millain Francis Marquesse of Mantua Stanislaus and John Dukes of Mazovia and Russia sent Orators and Ambassadors to this Councell with like Commissions under their Seales to ratifie all things therin concluded in their steads recorded at large by Surius in the third Session of that Councell And the like Commissions had the Ambassadors of Lewes King of France Joachim Marquesse of Brandenburge William Marquesse of Montferrat Emanuel King of Portugall Charles Duke of Savoy and Maximilian the Emperor the Constitutions of Councells wherein the Pope sate President being not obligaotory unlesse the Emperor with other Christian Kings and Princes ratified them by their Ambassadors Orators and Proctors if absent from or by their Subscriptions and Seals if present in them In the Councell of Lyons Anno 1245. foure Noble-men chosen and sent by the King and Parliament of England were present as Ambassadors And the Bishops sent by the Church of England to the generall Councell of Pisa Anno 1409. were elected and chosen by the whole Clergy of England in their Convocation In the Councell of Basil King Henry the Sixth of England had fourteene Ambassadors Orators Proctors to whom and to the major part of them hee gave as well a generall as speciall power and Mandate in his name and stead to bee present in that Councell and therein to treat conferre and conclude as well of those things which might concerne the Reformation of the Universall Church in the Head and in the Members as of those things which concerned the Supportation of the Orthodox Faith and the Pacification of Kings and Princes as also of and concerning a perpetuall Peace from Warre between him and Charles of France his Adversary and also to treat commune and appoint and moreover to assent and if need were to disassent to those things which should there happen to bee decreed and ordained according to the determination of the said Councell Promising that hee would bona fide ratifie approve and confirme all and every thing that should bee done acted or effected in the premises or any of them by his said Ambassadors Orators and Proctors or the greatest part of them and that when hee should bee certified thereof hee would see them duly executed as farre as belonged to him and to a Christian Prince The Letters Patents themselves dated the tenth of July are recorded verbatim by Master Selden out of the Tables of France 12. H. 6. memb 2. A sufficient Testimony that it belongs to Christian Princes by themselves their Ambassadors Orators or Proctors to ratifie the Decrees of all Councells and Synods and to disapprove and damne them if they see cause Whence King Henry of France and the Parliament and Synod of Paris Anno 1593. damned and disavowed divers of the Canons of the Councell of Trent as prejudiciall to the Crown Royall Justice and liberty of the Church of France as Bochellus relates at full To conclude with Forraigne Presidents The Conclusions Constitutions and Determinations of that late famous Synod of Dort were ratified by the generall approbations and Edict of the Estates of the Low-Countries under their hands and Seale Visis cognitis maturè examinatis atque expensis praedicto judicio sententia Synodi say they in their Charter of Approbation ista plenè in omnibus approbavimus confirmavimus rata habuimus approbamus confirmamus rata habemus per praesentes Volentes statuentes ut nulla alia Doctrina de quinque praedictis Doctrinae capitibus Ecclesiis horum regionum doceatur aut propagetur praeter hanc quae praedicto judicio sit conformis consentanea c. Actum sub nostro Sigillo Signatione Praesidis Subscriptione nostri Graphiarij Hagae Comitis 2. Julij Anno 1619. All these with sundry other Forragine Testimonies abundantly demonstrate That the Constitutions Canons and Decrees of Councells are of no binding force and power at all unlesse confirmed by Emperors Kings Princes Nobles Subscriptions Edicts Patents Proclamations and Acts of Parliament and that most ancient Councells in forraigne parts were in truth but Parliaments To passe from these to our owne domesticke Presidents It is most apparent by numerous punctuall Examples that the Clergy of England alone had never any lawfull Jurisdiction vested in them to make binding Ecclesiasticall Lawes or Canons in our Synods and Convocations in any age without our Kings Nobles and Parliaments assents and approbations That all or most of our ancient Councells Synods Convocations were nought else but Parliaments wherein our Kings Nobles Senators and Commons were personally present as well as Bishops or Clergy-men And that all matters concerning Religion Church-Government Ceremonies with all binding Lawes Canons Articles relating thereunto have since the first planting of Religion in this our Island till this present time beene alwayes setled resolved confirmed in and by Parliaments or such Councells and Synods wherein our Kings Nobles Commons were present and had decisive Votes It is the received opinion of all our Antiquaries and Historians that King Lucius was the first Christian King of this Island and the first Prince in the world that embraced the Christian Faith That about the yeare of our Lord 185. hee writing to Pope Elutherius to send him the Romane and Imperiall Lawes whereby to governe his people then newly converted to Christ the modest Pope returned him this answer You have requested the Romane and Caesarean Lawes to bee transmitted to you from Vs which you would use
Canons of the Church in and by a Common Councell and Parliament as well of the Nobles and Commons as of the Prelates and Clergy as is evident by this passage in the Manuscript Tables of Robert Winchelsy Arch-Bishop of Canterbury WILLIELMUS Rex Angliae DE COMMUNI CONCILIO Archiepiscoporum Abbatum OMNIUM PROCERUM REGNI SUI Leges Episcopales quae non berè nec secundum Sanctorum Canonum praeceptae fuerunt sicut nec sunt his diebus OBSERV AND AS IN CONCUSSE JUDICAVERIT c. And by this his rescript to Remigius Bishop of Lincolne WILLIELMUS Gratia Dei c. Sciatis vos omnes caeteri mei fideles qui in Angliamanent quod Episcopales leges quae non berè nec secundum Sanctorum Canonum praecepta usque ad mea tempora in regno Anglorum fuerunt COMMUNI CONCILIO et consilio Archiepiscoporum meorum caeterorum Episcoporum Abbatum OMNIUM PRINCIPUM REGNI MEIEMEND AND AS JUDICAVI Proptereamando Regia authoritate praecipio ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus amplius in HUNDRET placita toneant c. In the Councell of Rhoan Anno 1073. William the Conqueror sate chiefe President And decreed many things as well touching Ecclesiasticall Affaires as the benefit of his new Kingdom of England Among other things it was there decreed Judicatum est praesidente Rege Anglorum Gulielmo writes Matthew Westminster the King himselfe being president that Monkes who by force assaulted their Abbotts as the Monkes of Andoem had assaulted and slaine their Abbot at that time whiles hee was saying Masse in any Abbies should there be thrust into prison for it which before it seemes they could not be This Councell was no other then a Parliament diverse temporall Lawes as well as Ecclesiasticall being enacted therein and both ratified approved by this King who as Eadmerus stories of him would not so much as suffer the Arch-Bishop of Canterbury Primate of all his Realme when hee sate President in a generall Councell of Bishops assembled together to decree or prohibite any thing but such things as were suitable to his will and had first been ordained by himselfe In the Councell of London under Lanfranks An. 1075. Concessum est Regia MUNIFICENTIA Synodali authoritate Episcopis de villis transire ad Civitates By the Kings Royall munificence and the authority of the Synod liberty was granted to Bishops to remove from the Villages wherein they resided unto Cities whereupon Herman Bishop of Schiroburne removed to Salisbury Stigand from Selescia removed to Chichester Peter from Litehfield removed to Chester the King ratifying the constitution of the Synod and ordering this removeall An. 1093. King William Rufus assembled a Councell of his Bishops Abbots and Nobility of the whole Kingdome that they might By their common assent determiue and discusse whether Anselme Archbishop of Canterbury could Keepe his faith to the King or not saving that faith reverence and obedience which he owed to the Apostolike See of Rome which he would by no means violate A weighty question surely of a loyall Prelate The Bishops Abbots and Nobility of the whole Kingdome almost Ex Regia Sanctione assembled at Rochingham Castle on the fifth day of March at one a Clocke in the afternoone to debate this businesse but the King commanded all things to be adjourned till the morrow Quia Dies Dominica erat because it was the Lords Day an unmeet time to discusse such a businesse as this was On the morrow in medio Procorum conglobatae multitudinis eos assistentem Monachorum Clericorum LAICORUM numerosam multitudinem sic loquitur c. Lo here the Nobles Commons as well as the Bishops Abbots and Clergie assembled in a Councell to wit a Parliament to determine a case of conscience and that at Anselms request This matter being long debated and Anselme continuing refractory the busines was defetâ—ed till after Whitsuntide In the Councell of London under Lanfranke summoned by King William Rufus Anno 1095. Vlstan Bishop of Worcester was deprived of his Bishopricke by the Kings sentence and verdict quasi homo idiota c. Ipso rege consentiente hoc dictante decernitur deponendus saith Matthew Paris the King sitting chiefe president in it In the Councell of London Anno 1102. under Anselme the King and his Nobles were present as well as the Bishops and Ahbots that whatsoever was therein decreed might be approved ratified and observed by the unanimous care and solicitud of both orders For soit was necessary A plain testimony that the Councells of England in antient times were no other but Parliaments and that their Canons ound not any unlesse confirmed by King and Parliament At this Councell write Wil. Malmesbury Eadmerus Anselme the Archbishop requesting it of the King Primates Regni the great men of the Kingdom were present quatenus quicquid ejusdem Concilii authoritate decerneretur VTRJVSQVE ORDINIS CONCORDI CVRA ET SOLJCITVDINE RATVM SERVARETVR SJC ENIM NECSSE ERAT quum multis retre annis Synodali cultura cessante viciorum vepribus succrescentibus Christiana religionis fervor in Anglia nimis reripeat which they thus preface out of Anselmes owne Copy and relation Anno 1102. quarto autem Praesulatus Paschalis Summi Pontificis tertio Regni Henrici gloriosi regis Anglorum ipso annuente celebratum est Concilium in ecclesia beati Petri in â—ccidentali parte juxta Londoniam sita communi consensu Episcoporum et Abbatum et Principum totius regni In this Councell held at Westminster therewere 26. Canons compiled some against Priests mariage and Wives which when Giraldns Archbishop of Yorks enjoyned his Clergie to observe all the Clergie of his Province refused to submit to them being unwilling to part with their Wives or to vow Chastity as some of those Canons enjoyned them to the execution whereof the great discord betweene the King and Anselme concerning the investitures of Bishops being an obstacle produced to this effect Necanones hujus Synodi legum vim ac potestatem sortirentur That those Canons should not obtaine the force and power of Lawes Anno. 1107. another Councell was held under Anselme in King Henry the first his owne Palace in which Councell The King assented and enacted that from thenceforth no man should be invested into any Bishoprick or Abbie of England by the King or any Layman by giving him a pastorall staffe or a Ring Proceres Regni the Peeres of the Realme writes Eadmerus were called to this Councell and the King assented to and ratified this Act Astante multitudine ac per Consilium Anselmi et Procerum Regni the Commons standing by him by the Councell of Aâ—selme and of the great men of the Realme This Councell then was a Parliament and this Canon assented to both by the Commons Peeres and King â—o make it valid Not long after this King
them as men who invaded the very incommunicable royalties and priviledges of heaven and counted it no robbery to make themselves equall to God or to defame or draw an odium or contempt upon them and prepare the people before hand to oppose or reject whatsoever Church-Government they shall establish contrary to your Independent way for there can be no other reall end of these your Anti-parliamentary Sermons writings is such a transcendent crime and high affront against the Parliament as you are never able to expiate and is so farre from extenuating that it aggravates your former offences beyond expression Fourthly Your last clause And if continued c. intimates and speakes â—ound without any straining that the Parliament for the present are guilty of dashing their foote against Christ the Rocke of claiming the most sacred and incommunicable royalties and priviledges of heaven and making themselves equall to God And that if they persevere in the course they have begun in reforming our Church and setting up a Church Government according to the Word different from your new way it is such an high provocation against the most high as will kindle a fire in the brest of him whose name is Jehovah which will consume and devoure c. Could all the Malignant and Prelaticall party in England lay a greater wickeder or more unjust scandall in our Parliament then this or more defame them then by such a false report enough to fire the whole Kingdome against them as well as Gods wrath Certainly Master Goodwin I must tell you freely without malice or uncharitablenes and I beseech you pardon my zeale in this particular that your Iealousie and pen in this was set on fire of hell rather then heaven when you printed this passage and what ever censure you deserve I feare your Book demerits the fire to purge out this drosse yea all the late teares of Repentance you may shed will not be sufficient to quench those unhappy flames of contention your late Sermons and Pamphlets have kindled in our Church and State to omit your former Socinian Errors Thirdly Hee professeth that in case he hath said or written any thing detractory to the undoubted priviledges of Parliament yet my Inditement against him that he did it PRESVMTVOVSLY is such a charge which men whose ungrounded zeale hath not eaten out the heart of their Charity cannot lightly but recharge with unreasonablenesse and utter unlikely-hood Sir I dare affirme upon good grounds that you did this presumptuously as I charge it Grammarians Lawyers and Divines informs us that the Word Presumptuous comes from the verbe Praesumo which signifies to forestall to conceive before hand to usurpe or take that upon him which belongs not to him to doe a thing before a man bee lawfully called to it which belongs not properly to him or to doe a thing boldly confidently or rashly without good grounds or against Authority or Lawes or upon hopes of impunity He that doth ought in any of these sences may properly be said to do it PRESUMPTUOUSLY and that in Scripture phrase as well as in common parlance To apply this to your crime First you preached and printed these passages of purpose to forestall the Parliaments and Assemblies pious resolutions to settle one uniforme Church-Government and suppresse all private Coventicles of Sectaries or Anabaptists contrary to it 2. To establish support that Independent way which you had before hand without any lawful warrant conceived ere the Parliament had made choyce of or setled any Church-Government for you as the whole Tenor of your Bookes and Sermons evidence Thirdly It was no lesse then high presumption in you being a meere Divine and a man altogether ignorant of or unskilfull in the ancient Rights and Priviledges of our Parliament as your writings demonstrate and your selfe intimate p. 5. to undertake to determine and judge of them so peremptorily and in such manner as you have done When as if you had known any thing concerning the Rights of Parliaments you might have learned this among other things That Divines are no competent Iudges of Parliaments Priviledges That the Priviledges Rights and customes of our Parliaments are only to be judged and determined by the Parliament it selfe not in or by any other inferior Court much lesse in a Pulpit That the power and jurisdiction of the Parliament for making of Lawes is so transcendent and absolute as it cannot bee confined to causes or persons within any bounds and that the state and defence of the Church of England is the very first matter and care of the Parliament of England as all the premised Presidents manifest and Sir Edward Cooke with others might have informed you And for a man to undertake to judge of that which is above his power is expresly defined to bee presumption by Richardus de Media villa in 3. Sententiar Distinct 26. and other Schoolemen on that place and by Summa Angelica Tit. Praesumptus Fourthly You had no lawfull calling nor warrant from Gods Word or our Lawes to handle the Iurisdictions and rights of Parliament in your pulpit nor yet to dispute them in your writings in such a daring manner by way of opposition or to encourage people to disobedience to its Ecclesiasticall Lawes and descitions Therefore in this you were presumptuous by the Scriptures owne definition 2 Pet. 2. 10. Fourthly after you were questioned before a Committee of Parliament for these very passages in your first Sermon as exceeding scandalous Derogatory to the Members and priviledges of Parliament yet you in a daring manner whiles you were under examination audaciously preached over the same againe in substance in your Pulpit on a solemne Fast day and published them with additions in no lesse then two printed Bookes Yea since your very censure by the Committee for them you have in a higher straine then ever gone on to justifie them in print once more in your Innocencies Triumph like an incorrigible delinquent wherein you slander the Parliament more then before and shew your selfe a man dispising Government at least any Church-Government the Parliament shall establish not suitable to your fancy selfe-willed and even speaking evill of Dignities in your forementioned clauses others Therefore in this regard you are superlatively presumptuous by St. Peters resolution Yea most men whose ungrounded zeale to your new way hath not eaten out his braines and reason too must readily acknowledge it notwithstanding your two reasons to the contrary To wit First your former uninterrupted zeale to this Parliament and its cause you meane perchance before you were an Independent and since whiles you thought it would embrace your new way which doth but aggravate your subsequent opposition in presse and Pulpit against its undoubted jurisdiction Secondly The grounds and reasons you have given of your opinion which I shall examine in due place as if men might not do presumptuously against the lawfull power of Parliaments and
TRVTH TRIVMPHING OVER FALSHOOD ANTIQVITY Over NOVELTY OR The First Part of A just and seasonable Vindication of the undoubted Ecclesiasticall Iurisdiction Right Legislative Coercive Power of Christian Emperors Kings Magistrates Parliaments in all matters of Religion Church-Government Discipline Ceremonies Manners Summoning of Presiding Moderating in Councells Synods and ratifying their Canons Determinations Decrees As likewise of Lay-mens right both to sit and vote in Councells here proved to be anciently and in truth none other but Parliaments especially in England both by Scripture Texts Presidents of all sorts and the constant uninterrupted Practices Examples of the most eminent Emperors Princes Councells Parliaments Churches and Christian States especially of our owne in all ages since their embracing the Gospell In Refutation of M r. Iohn Goodwins Innocencies Triumph My deare brother Burtons Vindication of Churches commonly called Independent And of all Anti-Monarchicall Anti-Parliamentall Anti-Synodicall and Anarchicall Paradoxes of Papists Prelates Anabaptists Arminians Socinians Brownists or Independents Whose old and new Objections to the contrary are here fully answered By William Prynne of Lincolnes Inne Esquire Jer. 6. 16. Thus saith the Lord Stand yee in the wayes and see and aske for the OLD PATHES where is the GOOD WAY and walk therein and yee shall find rest for your soules But they said Wee will not walke therein Luk. 5. 39. No man also having drunk OLD WINE straightway desireth NEW for he saith THE OLD IS BETTER Tertul. de Praescrip adver Haeres Ex ipso ordine manifestatur id esse Dominicum Verum quod sit priùs traditum id autem Extraneum Falsum quod sit posterius immissum Decem. 3. 1644. It is Ordered by the Committee of the House of Commons concerning Printing that this Book entituled Truth Triumphing over Falshood Antiquity over Novelty be printed by Mich. Sparke Senior John White London Printed by John Dawson and are to be sold by Michael Sparke Senior 1645. TO THE HIGH COVRT OF PARLIAMENT Right Honourable HAving had the Honour through Gods assistance to be a meane though cordiall Instrument of Vindicating The Soveraigne Power of Parliaments and Kingdomes in all Civill or Military affaires which concerne the State in Foure severall Volumes against all Opposites whatsoeever which they have for the most part satisfied or put to silence I expected a Quietus est from all other Controversies concerning the Iurisdiction of Parliaments especially in Ecclesiasticall matters which most imagined had been put to eternall silence when our Lordly Prelates lost their Votes and Session in Parliament by a publike Law But alas I know not by what evill Genius and Pythagorean Metempsychosis the Anti-Parliamentary Soules formerly dwelling in our defunct Prelates earthly Tabernacles are transmigrated into and revived in a New-Generation of men started up of late among us commonly known by the Name of INDEPENDENTS who though for the most part really cordiall in their Affections Actions to the Parliament and Church of England for which and for their piety they are to bee highly honoured yet some of them are of late become extremely derogatory and destructive unto both in their Anarchicall and Anti-Parliamentary Positions For which and for their late gathering of Independent Churches contrary to Your Parliamentary Injunctions they are to be justly blamed as great disturbers of our publike Peace and Vnity It is the observation of learned Voetius and Vedelius That the Arminians in the Netherlands for the advancing of their owne Faction and more facill accomplishment of their private ill Designes did before the Synod of Dort and in the beginning thereof exceedingly cry up the Power of the Civill Magistrate and States of Holland in Ecclesiasticall matters both by Writing and Preaching ascribing to them the highest Jurisdiction and Power of giving ultimate Judgement in all Controversies of Faith and Ecclesiasticall matters arising in the Church as a Prerogative belonging immediately under Christ to them alone And thereupon they appealed to the States from the Ecclesiasticall Classes as the proper Iudges of the Controversies they had raised in the Belgick Churches But at last after the Synod of Dort had determined against their Arminian Errors and the States established their Determinations prohibiting the Preaching or Printing of any Arminian Tenets with the private Independent Congregations and Conventicles of the Arminian Party they presently altered both their opinions and practice crying downe the Authority of the States and Civill Magistrate as fast as they had cryed it up both in their Apologies and Sermons contracting yea denying them that very power which before they had so liberally measured â—ut unto them affirming that the States had no power at all over their private Congregations that it was not any right or part of their Office to obliege men by their authorities to the Decrees of Synods however agreeable to the word of God and that they ought not to use any coactive Power or Authority in such cases to obliege them to conformity This Practice of the Arminians was by M r Thomas Edwards by way of prediction applied to the Independents in these very tearmes And it may be feared however these Apologists NOW to ingratiate themselves and being let alone in their Church-way say they give more to the Magistrates than the Presbyteriall and that they professe to submit and to be most willing to have recourse to the Magistrates Iudgement and Cognizance and Examination of Ecclesiasticall Causes yet when they shall come once to be crossed and the Parliament by the advice of the Assembly to settle the Government of the Church and by their Authority to bind them to things agreeable to the word wee shall see then what they will say of the Magistrates Power There are too many speeches already since the Assembly out of their feare how they may goe which have fallen from many Independents THAT PROGNOSTICATE THEY WILL DOE BY THE PARLIAMENT AS THE REMONSTRANTS DID AFTER THE SYNOD OF DORT BY THE STATES Which Prognostication hath fallen out accordingly For since that time our Independents having felt the Pulses of the Assembly and Parliament bearing but very gently by way of debate against their Anarchicall and Anomolous New-Way derived from their good friends the German Anabaptists and Separatists and supported only with their Arguments as I am fully able to demonstrate they have not only in Presse and Pulpit cryed up their Way as the Onely Way Kingdome and Scepter of Christ and denyed all opposition in word deed or thought against it as a direct FIGHTING AGAINST GOD and promoted it publikely and privately with all their Industry Policy Power setting up New Independent Congregations in every corner but even with open mouth pen hand contrary to their former Solemne Vowes Covenants Protestations which I feare they have over-much forgotten cryed downe and fought against the very Ecclesiasticall Power and Legislative Authority of the High Court of Parliament it self and Supreme Temporall Magistrates proclaiming
' inchoat ' 1. Decem. 1384. contin ' ad diem Lunae prox ' post festum corp ' Christi Convocat ' inchoat ' 6. Novem. 1385. contin ' ad 7. diem Decem. An. praedict Convocat ' inchoat ' 5. Novem. 1386. contin ' ad 3. diem Decem. An. praedict Convocat ' inchoat ' 26. Febr. 1387. contin ' ad 4. diem Martii sequent Convocat ' inchoat ' 17. Octob. 1388. contin ' ad 22. diem Octob. praedict Convocat ' inchoat ' 17. Apr. 1391. contin ' ad 21. diem Apr. praedict Convocat ' inchoat ' 5. die Febr. 1394. contin ' ad 18. diem ejusdem mensis Convocat ' inchoat ' 6. Maii An. Dom. 1460. contin ' ad 15. diem Julii An. praedict Convocat ' inchoat ' 6. Julii An. Dom. 1463. contin ' ad 18. diem Julii praedict Convocat ' inchoat ' 21. Martii 1480. contin ' ad 15. diem Novem. 1481. Convocat ' inchoat ' 13. Febr. 1486. contin ' ad 27. diem Febr. praedict Convocat ' inchoat ' 14. Iaâ—â—ar 1487. contin ' ad 27. diem Febr. praedict The Presidents since these being more obvious and infinite I pretermit Indeed I finde some Convocations and Synods summoned without any speciall Writs yet extant which perchance are lost however though they were summoned without speciall Writs yet it was alwayes by the Kings licence priviâ—â— and assistance first obtained or by former adjournments and not by virtue of any summons from the Pope Arch-bishop of Canterbury or any other Prelates without or against the Kings command as some of the ensuing Presidents manifest in direct termes Convocatio inchoata absque brevi mense Julii An. Dom. 1295. Convocatio inchoata absque brevi die alia dominica qua cantabatur officium laetare eodem Anno. Convocat ' inchoat ' absque brevi die S. Hillarii An. Dom. 1297. Alia absque brevi pro defensione Ecclesiae cont ' Scotos die S. Edmundi Regis eodem Anno. Convocat ' inchoat ' ad instantiam Regis regressi à Flandriae inchoat ' festo Nativ ' S. Johannis Baptistae An. Dom. 1298. Convocat ' Concilii provincialis absque brevi inchoat ' 16. Maii An. Dom. 1356. Convocat ' Cleri Provinciae Cant ' ad supplicationem dom Reg. inchoat ' die Mercurii proxim ' post dominicam qua cantatur officium misericordia Domini in Ecclesia S. Brigittae Londin An. Dom. 1356. Convocat ' inchoat ' absque brevi die Jovis prox post festum S. Georgii Martyris 24. April An. Dom. 1371. Convocat ' inchoat ' absque brevi 1. die Decemb. An. Dom. 1373. Convocat ' inchoat ' absque brevi 8. Febr. An. 1576. Convocat ' inchoat ' absque brevi 5. Novemb. An. Dom. 1377. Convocat ' inchoat ' absque brevi 9. Maii. 1379. Convocat ' inchoat ' absque brevi die Sabbat proxim ' post festum Purificationis S. Mariae Virginis An. Dom. 1379. Convocat ' inchoat ' absque brevi 1. Decemb. An. Dom. 1380. Since this time I finde no Synod Councell or Convocation ever summoned or assembled but by the Kings speciall Writs yet extant among our Records the particularizing whereof being superfluous I shall here omit Secondly our Acts of Parliament expresly resolve that our Convocations Synods Councels ought to be summoned onely by the Kings Writ Hence the Statute of 8. H. 6. c. 1. recites That all the Clergie are to be called to the Convocation by the Kings Writ and thereupon enacts That they and their servants shall for ever hereafter fully use and enjoy such liberties and defence in comming going and tarrying as the great men and Commonalty of England called to the Kings Parliament doe enjoy Hence the whole Clergie of England in their submission in Parliament 25. H. 8. c. 19. 27. H. 8. c. 15. made this acknowledgment Whereas the Kings humble and obedient subjects the Clergie of the Realme of England have acknowledged according to truth THAT THE CONVOCATION OF THE SAME CLERGY IS ALWAYES HATH BEEN AND OUGHT TO BE ASSEMBLED ONLY BY THE KINGS WRIT c. And thereupon these Statutes among other things enact according to this submission and Petition of the said Clergie that they ne any of them from henceforth should make promulge or execute any new Canons c. in their Convocations in times comming which ALWAYES SHALL BE ASSEMBLED BY AUTHORITY OF THE KINGS WRIT c. A cleare confession and resolution that Councels Synods and Convocations here in England alwaies have been are and for ever hereafter ought to be called and summoned not by the Popes or Prelates authority and citations but by the Kings royall authoritie and Writ Hence the English Clergie in most Bills of their Subsidies since as in 27. Eliz. c. 28. 29. Eliz. The Act of one Subsidie granted by the Clergie 31. Eliz. c. 14. 35. Eliz. c. 12. 39. Eliz. c. 26. 43. Eliz. c. 17. 3. Jacobi c. 25. 7. Jacobi c. 22. 21. Jacobi c. 32. 1. Caroli c. 1. 3. Caroli c. 6. have inserted this clause in the prologue of their Subsidies Vestrae serenissimae regiae Majestati or sublimitati per praesens publicum instrumentum sive has literas nostras testimoniales significamus notum facimus quod Praelati Clerus nostrae Cantuariensis Provinciae IN SACRA SYNODO PROVINCIALI SIVE CONVOCATIONE VIGORE ET AVTORITATE BREVIS REGII VESTRI IN EA PARTE NOBIS DIRECTI in domo capitulari ECCLESIAE VESTRAE CATHEDRALIS divi Pauli London vicesimo quarto die mensis Novembris Anno Dom. c. inchoata celebrata to testifie that their Synods Convocations are and ought to be summoned and held only by virtue and authoritie of the Kings Royall Writ and why not then their Visitations being in truth Convocations and Synods Thirdly the whole Church of England in the 39. Articles of Religion ratified by Parliament and all Clergy-mens subscriptions to them as also by our present Soveraigns Declaration prefixt before them Anno 1628. Artic. 21. and the whole Church of Ireland in their Articles of Religion Anno 1615. Artic. 76. unanimously resolve as an Article of Religion not to be questioned That generall Councels and by the selfe-same reason Nationall and Provinciall may not be gathered together by Popes Prelates or any other persons without the Commandement or will of Princes Therefore the sole right of summoning them belongs not to Popes or Prelates but to Princes and other supreme temporall Magistrates And as these Articles so the learned Writers of our Church as incomparable Bishop Jewell in the defence of the Apologie of the Church of England part 1. c. 9. Divis 1. p 52 54. part 6. c. 12. Divis 2. p. 58â— to 592. Reply to Master Hardings answer Artic. 4. Divis 19. and 26. p. 193. 212 213 214. Bishop Alley in his poore mans Library Tom. 2. Miscellanea Praelect 1. f. 18 19 20. Bishop Bilson in his true difference between Christian subjection unchristian rebellion passim Doctor William Whittakers
over them both in and out of Synods After this in the very height of Popery and the revivall of it in England in the first year of Queen Mary a Parliament and Convocation being summoned to re-establish Popery the Queen her selfe appointed and commanded a publike Disputation to be held at Pauls Church in London in the Convocation house about the matter of the Sacrament which was accordingly held and continued six whole dayes many Earles Lords knights Gentlemen and divers of the Parliament Court and City being present at it to the end that they might constitute Laws of the matters of Religion debated which the Queen and Parliament might ratifie The Disputation being ended The Queen sent a Writ to Bonner Bishop of London to dissolve the Convocation which was done accordingly So that this Convocation did nothing in matter of doctrine or discipline even in these times of Popery but what the Queen did first direct and limit them Queen Mary deceasing and Queen Elizabeth a Protestant Princesse succeeding her called a Parliament and Convocation to suppresse Popery and re-establish the Protestant true Religion To effect which with more facility this pious Queen having heard of the diversity of opinions in maters of Religion among sundry of her loving Subjects and being very desirous to have the same reduced to some godly and christian concord by the advice of the Lords and others of the Privy Councell as well for the satisfaction of persons doubtfull as also for the knowledge of the very truth in certain matters of difference commanded a convenient chosen number of the best learned of either part to conferre together their opinions and reasons concerning three particular points that should be prescribed to them thereby to come to some good and charitable agreement with all convenient speed Hereupon nine of the learnedst Papists were chosen on the one side and nine of the ablest Protestants on the other to debate these three Propositions prescribed to them in writing 1. It is against the word of God and the custome of the ancient Church to use a tongue unknown to the people in common Prayer and the administration of the Sacraments 2. Every Church hath authority to appoint take away and change Ceremonies and Ecclesiasticall Rites so the same be to edification 3. It cannot be proved by the word of God that there is in the Masse offered up a sacrifice propitiatory for the quick and the dead It was further resolved by the Queens Majesty that the conference on both parties should be in writing for avoiding much altercation of words that both sides should declare their minds opinions and reasons in writing and at the same day deliver them mutually one to the other to be considered and to return their answers thereto in writing by a certaine day Immediately herupon divers Nobles and States of the Realme understanding that such a meeting and conference should be in certain matters whereupon In the Court of Parliament consequently following some Lawes might be grounded they made earnest request to her Majesty that the parties of this conference might be ordered to put and read their Assertions in the English tongue and that in the presence of them of the Nobility and of The Parliament House for the better satisfaction and ordering of their owne judgements to treat and conclude of such Lawes as might depend hereupon This also being thought very reasonable was signified to both parties and so fully agreed upon and the day appointed for the first meeting to bee the Friday in the afternoone being the last of March at Westminster Church At which day and place both for good order and for honor of the Conference By the Queens Maiesties Commandement the Lords and others of the privie Councell were present and a great part of the Nobility also The Lord Keeper and the rest of the Lords bearing chiefe sway in ordering this conference as you may read at large in Master Fox in the second dayes discourse In this Conference I shall onely observe two passages of the Protestant party The first is the begining of their Prologue to their written Conference in these words For as much as it is thought good to the Queens most Excellent Majesty unto whom in the Lord all obedience is due that we should declare our Iudgement in writing upon certain Propositians We as becometh us to do herein most gladly obey The next is their third observation from the law of Justinian the Emperor commanding all Bishops and Priests to celebrate the holy oblation and prayers in Baptisme with an audible voyce c. And let them know this that if they neglect any of these things the dreadfull judgement of the great God and our Saviour Jesus Christ shall fall upon you neither will wee when wee know it rest and leave it unrevenged viz. That this Emperour being a christian did not only make Constitutions of Ecclesiasticall matters but also threatneth revenge and sharp punishment to the violaters of the same Therefore they held he had an obliging power over his Subjects and a coersiveauthority vested in him to enforce obedience to his Lawes of which more hereafter As this was the practise of this blessed pious Queen in the begining of her Raigne to prescribe to her Clergy in Convocation what they should treat off and how So it continued in use and was punctually submitted to by all Convocations during her Raigne and that not onely as a matter of complement but of conscience religion and the established doctrine of the Church of England as you may read at large in Bishop Jewels Apology of the Church of England and in the Defence of his Apologie against Harding part 6. c. 9. to 16. p. 689. to 766. a learned full discourse to this purpose and in Bishop Bilsons true Difference between Christian Subjection unchristian Rebellion the second part to omit all others who have handled this subject in her Raigne It seemes therefore strange to me that this which was reputed the true doctrine of the emmineâ—test learnedest writers Reformers of this Church and of the Church of England it selfe from the begining to the end of her happy Raign and ever since should bee deemed meere Antichristian Diabolicall theomacall and meer Popish doctrine now when as the contrary opinion is really such Our late Soveraigne King James in his Letters Patents before the Ecclesiasticall Canons and Constitutions made in Convocation Aâ— 1603. recites that he called that Convocation by his Writ and that â—e did By severall Letters Patents under his Great Seale of England the one dated the 11. of April the other the 25. of Iune in the first year of his Raigne Give and grant full free and lawfull liberty power and Authority unto the sayd Clergy in their Convocation who without such a Patent and License could debate and conclude nothing else it had been vaine and superfluours To conferre Treat Debate Consider Consult and agree of and upon
to abate this windy tumour consider with themselves that all their greatnesses piled together in a generall or Nationall Synod though steepled with the Popes owne Chaire and three-forked Miter cannot so much as treat of debate dispute determine any Church-affaires much lesse constitute or promulge any new Ecclesiasticall Lawes Canons Articles Ceremonies Rites c. without the previous licence and permission of those temporall Princes and Powers that summon them nor yet exercise any manner of Ecclesiasticall jurisdiction whatsoever more then the poorest Vicar and Curate breathing that is a Minister lawfully ordained without the Kings Letters Patents or Commission authorizing them which erected their Bishopricks Diocesse and Episcopall jurisdiction at the first and must still support them else they will fall to utter ruine and then all their pretended claimes and crackt title of jus divinum with all Independents Anabaptists Brownists Anti-monarchicall Anti-parliamentall fancies concerning the jurisdiction and authority of their Independent Congregations opposite to the premises will vanish into ayre If any deeme the premised power of Christian Princes and Civill Magistrates in limiting Synods and Councels thus to be derogatorie to the lawfull authority of Bishops Ministers Synods or Independent Churches Ianswer that it is not so forthese ensuing reasons First because the chiefe care of preserving the purity of Gods Worship Ordinances Religion the Churches peace prosperity and of suppressing all heresies errours schismes corruptions superstitions contrary thereunto is committed to Christian Princes and supreme temporall Magistrates both by the Lawes of God the constant acknowledgment use practice constitutions lawes canons of all Christian Empires Kingdomes Councels Synods in all ages and the Coronation-Oaths of all Emperours Kings Princes in the Christian World which oblige them to discharge this trust as the subsequent Sections will abundantly manifest Therefore the power of directing Synods Councels in debating matters of controversie making Lawes Canons c. concerning all or any of the premises and the confirming of them ought principally to belong to them Secondly because Christian Emperours Kings Princes are the supreme heads and Governours under Christ in and over all Ecclesiasticall persons Assemblies Synods Councels Churches within their owne Dominions as well as temporall and our Kings of England are declared to be such by severall Acts of Parliament by the Oaths of supremacy and Allegeance which all ought to take within their respective Dominions Therefore they ought of right to direct and order all manner of proceedings in such Ecclesiasticall Assemblies Synods it being the duty and just right of every Naturall and Politicke head to direct the members as of the head of the family to regulate and direct the family wife c. by way of authority or jurisdiction not they the head Thirdly because the Bishops and Clergy of our owne and other Realmes have no Legislative power or other Ecclesiasticall authority vested in them by the Word of God but onely to preach the Word administer the Sacraments and to binde or loose mens sinnes declaratively by preaching or applying the Gospel to them according as they finde them penitent or obstinate in their sinfull courses and no more of other Ecclesiasticall jurisdiction then what is derived to them by our Kings and the Lawes of this our Realme as is resolved in these expresse termes by the Statute of 37. H. 8. c. 17. The Arch-bishops Bishops Arch-deacons and other Ecclesiasticall persons of this Realme have no manner of Iurisdiction Ecclesiasticall but by under and from the Kings royall Majestie the onely and undoubtea supreme head of the Church of England and Ireland to whom by holy Scripture all authority and power is wholly given to heare and determine all manner of causes Ecclesiasticall and to correct all vice and sinne whatsoever and to such persons as his Majestie shall appoint thereunto And by the Statute of 1. Ed. 6. c. 2. in these words That all jurisdiction spirituall is derived and deducted from the Kings Majestie to all Bishops and Ecclesiasticall persons within England and Ireland as supreme head of these Churches and Realmes of England and Ireland and so instly acknowledged by the Clergie of the said Realmes and that all Courts Ecclesiasticall within the said two Realmes be kept by no other power or authority either forraigne or within the Realme but by the authority of his most Excellent Majesty whereupon it enacts That all their Processe shall issue out under the Kings Seale and in his Name and Stile as in Writs originall and judiciall at the common Law with which sundry other Acts of Parliament concurre Now the Kings and Lawes of this our Realme have given the Clergie assembled in Councels Synods and Convocations no other but such a limited power and authority as is expressed in the fore-cited Statutes of 25. H. 3. c. 19. 27. H. 8. c. 15. and mentioned in the premises Therefore they neither can challenge nor pretend to claime any other but such a limited and confined authority the rather because they are assembled to such meetings as our Assembly is now onely as advisers and assistants not as Judges or Law-givers Therefore the keeping of them to the fore-mentioned limits can neither be an infringement or eclipsing of their just priviledges or Christian liberty Fourthly because every particular Christian is to try the spirits doctrines and determinations of Ministers by the Scriptures whether they are of God or not and to beware yea judge of false Teachers doctrines and no wayes to receive them as the Marginall Texts abundantly evidence and all Orthodox Divines assert Much more then are Christian Princes the chief Defenders of the Christian faith to judge and determine of them therefore to give particular directions to and in all Synods Councels how to proceed and what to treat of for suppressing false Teachers Heresies Schisms Errours advancing Religion Truth unity and sincerity of Gods Worship within their territories and Churches Fifthly because every soule as well Bishops Ministers and all other Ecclesiasticall persons as temporall subjects is and ought to be subject to Christian Princes and the highest temporall powers who are to provide for their spirituall as well as their temporall welfare Therefore they ought to be regulated and directed by them when assembled by their Writs in Councels or Synods for their spirituall good SECT 3. Of Confirming Ratifying the Canons Decrees and Resolutions of Councells Synods by Christian Princes Peers Parliaments before they become valid or obligatory Of the Presence and Power of Christian Princes Nobles and other Lay-men in Councells That many or most Councells Synods in ancient and latter times especially in England were in truth meere Parliaments wherein Christian Princes Nobles Senators and Lay-men met and voted as well as Bishops and other Ecclesiasticall persons And that no Canons Lawes Articles concerning Gods Worship Religion Church-Government Ceremonies were ever lawfully prescribed or imposed on any Subjects of our Realme but
Cremensis on Victors part and by Gulielmus Papiensis on Alexanders side In conspectu Regum Praesulum coram universa quae convenerat multitudine cleri et opuli In the presence of the Kings and Prelats and before all the multitude of the Clergy and People there assembled where Papiensis pleaded Alexanders cause so well and answered retorted what ever the opposite partie had alleaged soe substantially Vt neuter ulterius Princeps cunctaretur repudiata parte Octaviani Dominum Alexandrum recipere et cum Regnis sibi subditis ei de caetero in ijs quae Dei sunt tanquam Patri parere The forenamed Schismatickes therefore departing with confusion and shame Our Princes and Prelates Principes et Pontifices having solemnly pronounced a sentence of excommunication against the Schismatickes dissolved the Synod Loe here both the Emperor the Kings of England and France with their Nobles as well as Prelates present in a severall Councells directing and determining this great controversie in them who was Peters rightfull successor ratefying and receiving him for Pope whom they conceived in their indifferent Judgments to have the best title yea the Laity had here their voyces as well as the Clergy consented to the decrees of both Councells So when there was a former Schisme between Clement Vrban concerning the Title of the Papacie VVilliam Rufus enquiring who had the best right commanded Vrban to be reputed Apostolicall and true Pope throughout his Dominions eique vice beati Petri IN CHRISTIANA RELIGIONE not in any temporall affaires obedire claiming this as a part of his prerogative royall that none should acknowledge or receive any man for Pope or Peters successor within his Kingdome but by his election and authority and him whom he should declare to be the man accounting him no lesse then a Traitor that should deprive him of this right which his Ancestors claimed and enjoyed An. 1170. at the request of King Hen the 2d two Cardinalls Albert and Theodine were sent into France from Rome who having called a great Assembly of Ecclesiasticall persons and Noblemen within the Teritorries of the King of England they solemnly admitted the King to purge himselfe before them of the murther of Thomas Becket Archbishop of Canterbury which purgation the King there made and submitted himselfe naked to Ecclesiasticall discipline Anno 1175. Richard Archbishop of Canterbury kept a great Councell at Westminster to which almost all the Bishops and Abbots of the Province of Canterbury came Et coram pranominatis Regibus and before King Henry the second and King Henry his Sonne and the Bishops and Abbots Richard Archbishop of Canterbury standing in an high place promulged certaine Decrees Canons concerning Clergy-men the Eucharist Tythes recorded by Hoveden to be firmely and inviolably observed by all his Provincials so that both the Kings assented to them though they were but Collections of some Decrees out of former Councels In the same yeare King Henry the Father called another Councell at Windesore eight dayes after Michaelmas Praesentibus Rege Filio the King and his Sonne being present Richard Archbishop of Canterbury with the Bishops of England and Laurence Archbishop of Dublin Praesentibus etiam Comitibus Baronibus Angliae the Carles and Barons of England being also present In which Councell being a meer Parliament there was a generall Concord made between King Henry the second and Rodericke King of Conact in Ireland and the King in that Councell gave the Bishoprick of Waterford to one Augustine an Irishman whom he sent to Donatus Archbishop of Cassels to be Consecrated Anno 1176. King Henry the second assembled and held a great Councell at Nottingham concerning the Statutes of his Kingdome and before the King his Sonne and the Archbishops Bishops Earles and Barons of his Kingdom communi omnium Concilio by the common Councell of them all he divided his Kingdome into sixe parts through each of which he appointed three Iustices Itinerant whom he caused to swear upon the holy Evangelists that they should bona fide and without any sinister intention keep and cause the people of his Kingdom inviolably to observe the Articles of Assize there renued and confirmed recorded at large by Hoveden To this Councell by the Kings command came William King of Scots with all his Bishops whom the King commanded by the fealty and Oath of Allegiance they had taken to him to do the same subjection to the Church of England which they ought to do and were went to do in the times of his Predecessors To whom they answered that they never had made any subjection or homage to the Church of England nor ought so to do To which Roger Archbishop of York replyed That the Bishop of Glascow and of Candida Casa or Whitterne had in the time of his Predecessors been subject to the See of Yorke and for proofe hereof he shewed divers priviledges of the Bishops of Rome which made it appeare To which Jocelin Bishop of Glascow answered That the Church of Glascow was a speciall Daughter of the Church of Rome and exempt from all Archiepiscopall and Episcopall jurisdiction and if the Church of Yorke had any jurisdiction over the Church of Glascow at any time it appeared that he deserved not to have any dominion over it for time to come And because Richard Archbishop of Canterbury endeavoured that the Church of Scotland should be subject to the Church of Canterbury such was his ambition then he so crossed the King of England That he permitted the Bishops of Scotland to return home without making any subjection of themselves to the Church of England as they had formerly done Anno 1176. Hugo Cardinalis Hoveden stiles him Hugozun the Popes Legate by the Kings permission and asistance called a generall Councell at London in the midst of Lent where the Archbishops of Canterbury and York and all the Bishops and Abbots of England with a great number of Clergie-men assembling together the Cardinall sate on an high throne in the Chappell of the infirme Monkes of Westminster and the Bishops and Abbots with him every one in his place according to his order and dignity But there arose a contention between the Archbishops of Canterbury and Yorke which of them should sit at the right hand of the Cardinall And when as the Archbishop of Yorke would sit there the Bishop of Canterburies servants rushed violently upon him threw him down upon the ground trampled on him with their feet and brake his Miter whereupon the Councel was dispersed and the Cardinall flying to hide himselfe out of their sight was so hindered that he held no Councel Both sides made appeales to the Pope and complained to the King of the injuries done unto them So Hoveden Gulielmus Nubrigensis relates the story in these words When the Cardinall assisted by the Kings favour had called together the Ecclesiasticall persons of both Provinces of
HERETIQVES limiting the maner of proceeding against them defining what shal be heresie how it shall be punished and abridging the Authority of the Bishops and Canon Law ch 16. concernes Pluralities ch 19. containes the submission of the Clergy Convocation to the King declares the Kings supremacy in causes Ecclesiasticall the impotency of the Clergy or Convocation to make or promulge any Canons or Ecclesiasticall constitutiâ—ns or to debate any thing in Convocation without his Royall Lycence and approbation The Nullity and invalidity of the Canon Law abolisheth all appeales to Rome and Authorizeth 32. persons whereof halfe to be of the Clergy the other halfe of THE LAITY to survay the Canon Law and to compile a body of the Canon Law to be authorized by the King under his Great Seale by vertue of this Act for to be the only Canon Law to be used within this Realme Chap. 20. takes away the payment of any Annates oâ— first fruits to the Bishop of Rome nullifies his usurped power and Buls settles the forme of electing and consecrating Archbishops and Bishops within this Realme and plentifully manifests the Kings and Parliaments Jurisdictions in Ecclesiasticall affaires chap. 21. doth the like exonerating the Kings Subjects from all exactions and Impositions heretofore payed to the Sea of Rome and enabling the Archbishop of Canterbury and his Officers to grant all Licences and dispensations within the Realme which were formerly granted at Rome only The Statute is worthy perusall consideration fully demonstrating the power of the Parliament in Church affaires 26. H. 8. c. 1. declares the Kings Highnesse to be supreme head of the Church of England under Christ making it a part of his Royall Title and to have Ecclesiasticall authority to redresse and reforme all Errors Heresies and abuses in the Church punishable by any spirituall or ecclesiasticall Law Chap. 3. enacts The payment of the first fruits of all Dignities Benefices promotions spirituall and tenthes to the King and his Heires abolishing the Popes usurpations and authority herein ch 13. abolisheth sanctuarie in cases of High Treason ch 14. Authorizeth the nomination and consecration of suffragan Bishops in sundry places of this Realme and both creates and limits their authority chap. 15. takes away some exactions of spirituall men within the Archdeaconry of Richmond 27. H. 8. c. 8. limits that the Kings spirituall Subjects shall pay no Tithes whiles they are in their first fruits ch 15. authorizeth the King to nominate 32. persons halfe of the Clergy the other of the Laity for the perusall and making of Ecclesiasticall Lawes and manifests the Convocations invalidity to make such lawes or Canons ch 19. Limiteth and abolisheth Sanctuaries and sanctuary persons ch 20. containes an Order touching the paying of Tithes throughout the Realme ch 21. Limits the maner of payment of Tythes within the City of London ch 27. suppresseth divers Monasteries Priories and Religious Houses vesteth their revenues in the King and erects the Court of Augmentations 28. H. 8. ch 10. extinguisheth thes authority of the Bishop of Rome prescribes an Oath of abjuration of it and Popery together with the Popes usurpations and excellently sets forth the Kings supreamacy the Parliaments authority in matters ecclesiasticall as you may read in the Act worthy perusall ch 11. enacts Restitution of the first fruits in time of vacation to the next incumbent ch 13. compells spirituall persons to residence upon their livings ch 16. Releaseth such as have obtained pretended Licences and dispensations from the Sea of Rome 31. H 8. c. 6. enables such as were Religious persons to purchase lands to sue and be sued in al maner of Actions which they were disabled formerly to do by the Common Canon Law ch 9. Enables the King to make Bishops by his Letters Patents only and to erect new Bishopricks which he did ch 13. disolves all Monasteries and religious Houses and vests them in the King wherein you may behold much of the Kings and Parliaments power in Church businesses ch 14. For abolishing of diversity of opinions in matters of Religion most fully and exactly demonstrates the Kings and Parliaments jurisdictions in matters of Religion as the whole Act sufficiently manifests though the Articles therein defined were erronious and the Act too cruell and bloudy 32. H. 8. cap. 8. provides for the true payment of Tythes and offerings chap. 10. containes the punishment of incontinent Priests and of women offending with them ch 12. concernes Sanctuaries and the priviledges of Churches and Church-Yards ch 15. prescribes the manner of proceeding against Heretickes and impugners of the Act for abolishing of enormious opinions in Christian Religion chap. 23 24. concernes Accounts of Bishops and subsidies granted by the Clergie chap. 25. Dispences the Kings marriage with the Lady Iane chap. 24. Dissolves the Hospitalls of Saint Johns of Ierusalem in England and Ireland for supporting and maintaining the supremacy and jurisdiction of the Bishop of Rome contrary to their duty and Allegiance chap. 26. Intitled An act concerning true opinions and Declaration of Christs Religion is most pregnant to our present purpose which you may peruse chap. 38. Concerning precontracts of marriages and degrees of consanguinity is likewise a most punctuall Act for the Kings and Parliaments Ecclesiasticall power and chap 44. 45 47. good evidences of it 33. H. 8. chap. 15. 27 28 29 30 31 32. Enabling Religious persons to sue and bee sued severing the Bishopricks of CHESTER and Isle of MAN from the jurisdiction of CANTERBURY to the See of Yorke making the Church of Whitgate a Popish Church by it selfe and severing it from the Parish of Over which I wish our Independents to observe and to learne from this and other Acts that no new Churches or Parishes can be erected legally but by act of Parliament which none of their Churches are 34. and 35. H. 8. c. 1. intituled An act for The advancement of true Religion and For the abolishing of the contrary is most pertinent to our purpose and c. 15. 17 19 35. H. 8. c. 9. for ratification of the Kings stile and Title of Defender of the Faith and supreame head of the Church of England and Ireland ch 6. Concerning the qualification of the Statute of the 6. Articles c. 16. concerning the examination of the Canon Lawes by 32. persons halfe of the Clergie and halfe of the temporalty to be named by the Kings Majesty during his life to compile a body of the Canon Law to bee used in the Realme 37. H. 8. c. 4. 12. but especially ch 17. That Doctors of civill Law may execute Ecclesiasticall jurisdiction though Laymen and married a Law worthy reading and chap. 21. For the union of Churches not exceeding the value of 5l which could not be done but by Act of Parliament are all most pregnant evidences of the Kings and Parliaments indubitable Ecclesiasticall jurisdictions in matters of Discipline Religion Church-government and all Church affaires whatsoever The Statutes made in King
Edward the 6. his Reigne are most punctuall and pegnant evidences hereof as namely 1. Edw. 6. ch 11. For administring the Sacrament in both kindes therein proved necessary by sundry Texts of Scripture and punishing such persons as shall unreverently speake against the Sacrament with Temporall and Ecclesiasticall censures ch 2. concerning the election and creation of Bishops by the Kings Letters Patents and what Processe and Seales they shall use declaring that they have no Ecclesiasticall jurisdiction but meerely from the King ch 9. For uniting certaine Churches within the City of Yorke ch 12. which abolisheth Sanctuaries and Clergy in some cases 2. and 3. E. 6. ch 1. For the Vniformity of service and the administration of the Sacraments throughout the Realme ch 13. For the true payment of Tythes ch 19. For abstinence from flesh ch 20. Concerning Recusants ch 23. For positive Lawes made against the Mariage of Priests ch 23. The repeale of a Statute touching Precontracts of Mariage 3. and 4. E. 6. ch 10. For the abolishing and putting away of diverse superstitious Popish Books and Images chap. 11. That the Kings Majesty may nominate and appoint 32. persons halfe Clergy-men and halfe Laymen to peruse and make Ecclesiasticall Lawes ch 12. For the manner of Ordaining Ecclesiasticall Ministers and Consecrating Bishops ch 15. Against fond and phantasticall Prophecies 5. and 6. E. 6. ch 1. For the uniformity of Common Prayer and administration of the Sacraments ch 3. For the keeping of Holy-dayes and Fasting dayes ch 4. Against fighting and quarelling in Churches and Church-Yards ch 12. For the lawfulnesse of Priests Mariage and legitimation of their children chap. 13. Touching Religious persons and c. 23. Against Vsurie All these are clearely Ecclesiasticall Acts yet made by Parliament The Statutes in Queene Maries Reigne though of a different Religion from her brother and a zealous Pontifician sufficiently evidence the jurisdiction of our Princes and Parliaments in matters of the Church and Religion witnesse 1. Mar. Parl. 1. Ses 2. Chap. 2. Repealing diverse acts-made touching Religion in King Edward the 6. his Raigne and setting up Masse and the old Lyturgies againe chap. 2. Against Offendors of Preachers and other Ministers in the Church or Church-Yard or interrupting them in their Sermons or saying Masse under paine of imprisonment fines and Ecclesiasticall censures chap. 15. For re-edifying the parish Church of Saint Ellins in Stangate 1. Mariae Par. 2. c. 1. Declaring That the Regall power of this Realme is in the Queenes Majesty as fully and absolutely as ever it was in any of her most Noble Progenitors Kings of this Realme chap. 3. Being an Act of Repeale of two severall acts in the 7. yeare of King Edward the 6. touching the dissolution of the Bishoprick of Durham Chap. 9. Touching Ordinances Rules c. in Cathedrall Churches and Schooles c. 10. Repealing a statute for the uniting of the parish Churches of Onger and Greensted in the County of Essex 1. and 2. Phil. and Mary chap. 6. For the reviving of three Statutes made for the punishment Of Heresies and that with forseiture of Lands imprisonment and death in some cases chap. 8. Intituled an Act repealing all Statutes Articles and provisions made against the See Apostolike of Rome since the 20. yeare of King H. 8. and restoring the Bishops with their Courts offices the Pope himselfe to their former usurped jurisdictions in England ratifying this Popes very Bulles and dispensations to make them valid and setling the whole affaires of the Church of England chap. 9. 20. For the punishing of traiterous Sermons and Prayers against the Queene chap. 17. Concerning leases of some spirituall persons and 2. and 3. Phil. and Mary chap. 4. For the extinguishment of first fruits c. All Ecclesiasticall Statutes In Queen Elizabeths happy Raigne there are sundry Statutes abundantly manifesting her own and the Parliaments supreame Iurisdictions and Legislative power in matters of Religion Church-government Discipline c. as namely 1 Eliz. c. 1. An Act restoring to the Crowne the ancient Jurisdiction OVER THE STATE ECCLESIASTICALL SPIRITVALL and abolishing all fortaigne power repugnant to the same which gives the Queen her heires and successors all manner of Ecclesiasticall Iurisdiction in and over all Ecclesiasticall persons and causes and power to correct redresse and reform all manner of HERESIE SCHISME ERRORS ABVSES OFFENCES ECCLESIASTICALL prescribes the oath of Supremacy which all are to take and most Independents have formerly taken wherein they do utterly testifie and declare in their consciences that the Queen and her Successours are the onely supreame Governours of this Realme and other their Dommions as well IN ALL SPIRITVALL OR ECCLESIASTICALL THINGS OR CAVSES as temporall c. which jurisdiction of theirs they sweare to their power to assist and defend Which oath if any refuse to take hee shall forseit all his Ecclesiasticall promotions and temporall offices This Act likewise abolisheth the Popes jurisdiction under pain of a praemunire and other mulcts against the maintainers of it It determines what shall be adjudged HERESIE and what not namely Only such matter and cause as heretofore hath been determined ordered and adjudged to be heresie by the authority of the Canonicall Scriptures oâ— by the first foure generall-Councels or any of them or by any other generall Councell wherein the same was declared heresie by the expresse and plain words of the Canonicall Scripture or such as hereafter shall be ordered IVDGED OR DETERMINED TO BE HERESIE BY THE HIGH COVRT OF PARLIAMENT OF THIS REALME with the assent of the Clergy in their Convocation to wit by way of assistance and advice cumulatively not negatively as if their assent were simply necessary So as by this Act the Parliament is made the sole proper Iudge what is or shal be reputed punished as heresie what not how it shal be punished the highest point of Ecclesiasticall jurisdiction Ch. 2. For the uniformity of Common prayer and service in the Church and administration of the Sacraments enjoyning conformity under temporall and Ecclesiasticall punishments is an irrefragable proofe of the Parliaments Ecclesiasticall power in all Church matters and 1 Eliz. c. 3. 4. 6. 5 Eliz. c. 1. For the assurance of the Queens royall power over all States and Subjects within her Highnesse Dominions ch 23. For the due executing of Writs de Excommunicato capiendo ch 28. For translating of the Bible and divine Service into the Welch tongue 8 Eliz. c. 1. Declaring the manner of making and Corsecrating the Archbishops Bishops and Ministers of this Realm to be good lawfull and perfect ratifying the Booke of common Prayer and of Ordination together with the Queens Soveraigne Ecclesiasticall Authority 13 Eliz. c. 2. Against the bringing in and putting in execution of Bulls and other instruments of the See of Rome chap. 8. Against Usury ch 19. concerning Dilapidations c. 12. To reforme certain disorders touching Ministers of the Church ratifying the 39.
Articles of Religion and enjoyning subscription thereunto under penalties losse of Benefices and other Ecclesiasticall penalties Limiting likewise the age of such who are to be made Ministers ch 17. Concerning the Leases of Benefices and Ecclesiasticall livings with Cure 18. Eliz. c. 6. Concerning the taking away of Clergy c. 23 Eliz. c. 1. To retain the Queens Majesties subjects in their due obedience made against Jesuits Semenary Priests and others receiving Orders from Rome and the harbourers of them under capitall penalties 27. Eliz. c. 2. Against Jesuits Seminary Priests and such other disobedient persons 29. Eliz. c. 6. Concerning Recusants 31. Eliz. c. 1. Against Symony 35 Eliz. c. 1. Against Seperatists and Schismaticks refusing conformity to our Church Service and Liturgie who are lyable to imprisonment fines and other penalties for it by the Law ch 2. For restraining Popish Recusants to some certaine plate of abode 29 Eliz. c. 8. For confirmation of the Deprivation of divers Bishops and Deanes in the beginning of the Queens Raigne ch 22. Concerning the Bishop of Norwich are plentifull evidences of what I plead for In King James his Raigne I finde many Acts of Parliament asserting the Kings and Parliaments Ecclesiasticall jurisdictions as 1 Jacobi c. 1â— Concerning the Kings Title to the Crowne ch 2. Concerning Archbishopricks and Bishopricks ch 5. For the due execution of the Statutes against Jesuites Seminary Priests Recusants ch 12. Against second marriages till former wives or husbands bee dead ch 31. For building a new Church in Melcombe Regis to be the Parish Church of Radepoll and for making the Church of Radepoll a Chappell to it 3 Jacobi c. 3. for a publick thanksgiving to Almighty God every yeare on the fift day of November for the deliverance from the hellish Gunpowder treason ch 4. For the better discovering and suppressing of Popish Recusants which prescribes a new oath of Allegiance ch 5. To prevent and avoyd danger which may grow by Popish Recusants which likewise prohibits the Importations of any Popish Books Agnus Dei Crucifixes c. ch 20. To restraine abuses of Players 21. Jacobi ch 17. Against Usury ch 20. To prevent and reforme prophane swearing and cursing The Statutes in King Charles his Raigne are punctuall evidences of the Soveraign Ecclesiasticall jurisdiction of our Kings Parliaments in all which we find not onely severall Committees appointed concerning Religion frequent in all Queene Elizabeths and King James their Parliaments but also sundry Statutes concerning Religion and Church-matters as namely 1 Carols c. 1. For punishing divers abuses committed on the Lords day 3 Caroli c. 1. For further reformation of divers abuses on the Lords day ch 2. To restraine the passing or sending of any to be Popishly bred beyond the Seas But the severall Acts Ordinances and Proceedings of this present Parliament concerning all matters of Religion Church government and Ecclesiasticall affaires are presidents beyond all exception The Acts already passed For suppressing the High-Commission disabling any Clergy-man to meddle with any temporall offices or to be Justices of Peace The taking away of Bishops Votes and their sitting in the House of Peers The severall Acts Votes Ordinances which have passed both House for abolishing all new Canons Plaralities Non-residence punishing of scandalous Ministers Sanctifying the Lords day Keeping of Monethly and other Fasts Celebrating speciall dayes of thanksgiving for sundry Discoveries Victories Prohibiting the printing of erroneous books Suppressing Antinomians Socinians Anabaptists and other Sectaries Abolishing all Innovations Superstitions Idolatreus pictures Images Altars Copes Tapers Royals c. Payment of Tythes Probate of Wills Ordination of Ministers and above all their nominating and convening an Assembly of conscientious pious reverend learned orthodox Divines to assist them in reforming all errors and corruptions in Doctrine Worship Government Discipline and establishing such a pure Worship and Church-government in our Realme as shal be most agreeable to Gods Word wherein they have made a large progresse already the Directory for Worship being now finished and we expect a full accomplishment of this much desired Worke ere long All these with infinite other particulars are a most satisfactory and unanswerable evidence of the Parliaments jurisdiction and Legislative power in all matters of Religion Worship Government Discipline and other Ecclesiasticall things or proceedings whatsoever none of which have ever been settled among us in any age in a legall and obligatory way but onely in and by Parliaments I shall close up these 〈◊〉 Domestick authorities with the Ordinance of both Houses of Parliament concerning the present Assembly of Divines wherein all may clearly discerne the jurisdiction of our Parliaments in all Church affaires matters of Religion and over the Assembly it selfe together with the Instructions or Ruled prescribed to the Assembly which they have punctually observed and submitted to not yet in print An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of learned and godly Divines and others to be consulted with by the Parliament for the setling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false uspertions and interpretations WHereas amongst the infinite blessings of Almighty God upon this Nation none is or can be more deate unto us then the purity of our Religion and for that as yet many things remaine in the Lyturgy Discipline and Government of the Church which doe necessarily require a further and more perfect reformation then as yet hath been attained And whereas it hath been declared and resolved by the Lords and Commons assmbled in Parliament that the present Church-Government by Archbishops Bishops their Chancellors Commissaries Deanes Deanes and Chapters Archdeacons and other Ecclesiasticall Officers depending upon the Hierarchy is evill and justly offensive and buâ—thensome to the Kingdome a great impediment to reformation and growth of Religion and very prejudicial to the state and government of this Kingdome and that therefore they are resolved that the same shall be taken away and that such a Government shall be setled in the Church as may be most agreeable to Gods holy Word and most apt to procure and preserve the peace of the Church at home and neerer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the doctrine of the Church of England from all false calumnies and aspersions It is thought fit and necessary to call an Assembly of learned godly and judicious Divines who together with some members of both the Houses of Parliament are to consult and advise of such matters and things touching the premises as shall be proposed unto them by both or either of the Houses of Parliament and to give their advice and counsell therein to both or either of the said Houses when and as often as they shall be thereunto requited Be it therefore ordained by
the Lords and Commons in this present Parliament assembled That all and every the personâ— hereafter in this present Ordinance named that is to say Algernon Earl of Northumberland William Earle of Bedford Phillip Earle of Pembroke and Montgemery William Earle of Salisbury Henry Earle of Holland Edward Earle of Manchester William Lord Viscount Say and Seale Edward Lord Viscount Conway Phillip Lord Wharton Edward Lord Howard of Estr John Selden Esquite Francis Rows Esquire Edmund Prideaux Esquiâ—e Sir Henry Vane Knight Senior Iohn Glyn Esquire Recorder of London Iohn White Esquire Bouldstrode Whiâ—locke Esquire Humphrey Salloway Esquire Master Serjeant Wilde Oliver Saint Iohn Esquire his Majesties Sollicitor Sir Benjamin Rudyard Knight John Pym Esquier Sir Iohn Clotworthy Knight Iohn Maynard Esquire Sir Henry Vane Knight junior William Pierpoint Esquiet William Wheeler Esquier Sir Thomas Barrington Knight Walter-Young Esquier Sir Iohn Euelin Knight Herbert Palmer of Ashwell Batchellor in Divinity Oliver Boles of Sutton Batchellor in Divinity Henry Wilkinson of Waddesdon Batchellor in Divinity Thomas Valentine of Chalsont Giles Batchellor in Divinity D. William Twisse of Newbury with sundry other Divines mentioned in this Ordinance and such other person and persons as shall be nominated and appointed by both Houses of Parliament or so many of them as shall not be lefted by sicknesse or other necessary impediment shall meet and assemble and are hereby required and enjoyned upon summons signed by the Clerkes of both Houses of Parliament left at their severall respective dwellings to meete and assemble themselves at Westminster in the Chapell called King Henry the sevenths Chappell on the first day of July in the yeare of our Lord one thousand six hundred fortâ—y three and after the first meeting being at least of the number of forty shal from time to time sit be removed from place to place and also that the said Assembly shall be dissolved in such manner as by both Houses of Parliament shall be directed And the said persons or so many of them as shall be so Assembled or sit shall have power and Authority and are hereby likewise enjoyned from time to time during this present Parliament or untill further Order be taken by both the said Houses to conâ—erre and treat amongst themselves of such matters and things touching and concerning the Liturgy discipline and Government of the Church of England or the vindicating and clearing of the doctrine of the same from all false aspertions and misconstructions AS SHALL BE PROPOSED VNTO THEM BY BOTH OR EITHER OF THE SAID HOVSES OF PARLIAMENT AND NO OTHER and to deliver their opinions and advices of or touching the matters aforesaid as shall be most agreeable to the Word of God TO BOTH OR EITHER OF THE SAID HOVSES FROM TIME TO TIME IN SVCH MANNER AND SORT AS BY BOTH OR EITHER OF THE SAID HOVSES OF PARLIAMENT SHALL BE REQVIRED and the same not to divulge by printing writing or otherwise without the consent of both or either House of Parliament And be it further ordained by the authority aforesaid that William Twisse Doctor in Divinity shall sit in the Chaire as Prolocutor of the said Assembly and if he happen to die or be letted by sickenesse or other necessary impediment then such other person to be appointed in his place as shall be agreed on by both the said Houses of Parliament And in case any difference of Opinion shall happen amongst the said persons so assembled touching any the matters that shall be proposed to them as aforesaid that then they shall represent the same together with the reasons thereof to both or either the said Houses respectively to the end such further direction may be given therein as shall be requisite in that behalfe And be it further Ordained by the authority aforesaid That for the Charges and expences of the said Divines and every of them in attending the said service there shall be allowed unto every of them that shall so attend during the time of their said attendance and for ten dayes before and ten dayes after the summe of foure shillings for every day at the charges of the Common-wealth at such time and in such manner as by both Houses of Parliament shall be appointed And be it further Ordained that all and every the sayd Divines so as aforesaid required and enjoyned to meet and assemble shall be freed and acquitted of and from every offence forfeiture penalty losse or damage which shall or may arise or grow by reason of any Non-residence or absence of them or any of them from his or their or any of their Church Churches or Cures for or in respect of their sayd attendance upon the sayd Service any Law or Stature enjoyning their attendance upon their respective Ministeries or Charges to the contrary thereof notwithstanding and if any of the persons before named shall happen to die before the sayd Assembly shall be dissolved by Order of both Houses of Parliament then such other person or persons shall be nominated and placed in the roome and stead of such person and persons so dying as by both the sayd Houses shall be thought fit and agreed upon And every such person or persons so to bee named shall have the like Power and Authority Freedome and acquittall to all intents and purposes and also all such wages and allowances for the said service during the time of his or their attendance as to any other of the sayd persons in this Ordinance is by this Ordinance limited and appointed Provided alwayes that this Ordinance or any thing therein contained shall not give unto the persons aforesaid or any of them nor shall they in this Assembly assume to exercise any Iurisdiction Power or Authority Ecclesiasticall whatsoever or any other Power then is herein particularly expressed Some generall Rules for the Assembly directed by the Lords and Commons in Parliament Assembled 1. THat two Assessors be joyned to the Prolocutor to supply his place in case of absence or infirmity 2. Two Scribes to be appointed to set down all proceedings and these to be Divenes who are not Members of the Assembly viz. Master Henry Rowberry and Master Adoniran Byfeild 3. Every Member at his first entrance into the Assembly shall make a serious and solemne Protestation not to maintain any thing but what he believes to be the truth and to embrace Truth in sincerity when discovered to him 4. No resolution to be given upon any question on the same day wherein it is first pâ—rpounded 5. What any man undertakes to prove as necessary he shall make good out of the Scriptures 6. No man to proceed in any dispute after the Prolocuter hath enjoyned him silence unlesse the Assembly desire he may go on 7. No man to bee denied to enter his dissent from the Assemblâ— and his 〈◊〉 for it in any point after it hath beene first Debated in the Assembly And thence if the dissenting party desire it to be sent to the Houses of Parliament by
the Assembly not by any particular man or men in a private way when either House shall require it All things agreed 〈◊〉 and prepared for the Parliament to be openly read and allowed in the Assembly if the major part assent Provided that the opinion of any persons dissenting and the reasons urged for it be annexed thereunto if the Dissenters require it Together with Solutions if any were given in the Assembly to these Reasons Jo Browne Cler. Parliamentorum Having thus sufficiently evidenced the authority and jurisdiction of Parliaments in matters of Religion and Church affaires by these numerous punctuall irrefragable Presidents in all Ages give me leave to add these two considerations to them to demonstrate this their undoubted right and priviledge beyond all contradiction and silence every adverse tongue Pen of all Papists Anabaptists Brownists Separatists or Independents whatsoever First that all our ancient and moderne Writs for summoning a Parliament have ever had this speciall clause in them Pro quibusdam ardnis ungentibus negotiis Nos statum defensionem Regni Angliae ECCLESIAE ANGLICANAE concernentibus quâ—ddam Parliamentum c. teneri ordinavaimus From whence it is most apparent That the state and defence of the Church of England and well ordering of the same is one Principall end of summoning Parliaments and one maine part of the subject matters of our Parliaments as Sir Edward Cooke resolves 2ly That all every of the preâ—ended opposites to Parliaments Ecclesiasticall jurisdiction hand formely and none especially in the present Parliament addressed severall Petitions to this High and Honorable Court for Reformation of the Church suppression of haeresies Errors Idolatry Popery Superstition Schismes Prelaâ—y and establishing Gods true worship Religion Ordinances Discipline as to the most proper Iudicature Tribunall Lawgiver in our Church which they could resort unto and not to the Convocation or any other Assembly of Clergy-men alone or Independent Congregation To give you some few remarkable instances besides those formerly remembred instead of infinite others which I pretermit for brevity Our famous English Apostle Iohn Wickelesse as he professedly maintained in K. Richard the second his Raigne That any Clergy-man yea the Pope himselfe might lawfully be reprehended accused and corrected by Lay-men That the temporall Lords and Princes might lawfully and meritoriously take the possessions and Revenues from the Church and from Ecclesiasticall persons offending habitually c. to the end they might reforme them And that they were obliged to reforme the Church and Prelates under paine of being traitours to Iesus Christ So likewise in the fifth year of this King he Writ and sent to the Lords and great men assembled at London IN PARLIAMENT seven Propositions tending to the abolishing of the Popes usurped power and exactions to selfe the temporalities of Deliâ—â—â—ent Bishops to remove Bishops and Clergy-men from all secular imployments 〈◊〉 reforme the abuses of Excommunications and imprisonments upon them to 〈◊〉 Transubstantiation and reforme the Churches both to 〈…〉 the particulars whereof you may read at large in 〈◊〉 And 〈◊〉 long after his learned Disciple William 〈◊〉 a Martyâ— being unjustly condemned by the Bishop of Hereford for maintaining Wickliffes opinions appealed to the King and Parliament against it and withall writ a pious Letter to the Parliament recorded by Master Fox which concludes thus Deare worshipfull Sirs in this world Theseech you for Christs love as ye yet 〈◊〉 loven Gods Law and Truth that in these dayes is greatly borne abacke that they wollen vouchsafe these things that I send you written to Gods worship to let them be shewed IN THE PARLIAMENT as your wits can best conceive to most worship to our God and to shewing of the truth AND AMENDING OF HOLY CHVRCH My concâ—usions and mineâ— appeale and other true matters of Gods Law if any can finde in them error falsenesse or default privet by the Law of Christ clearly to christian mens knowledge I shall revoke my wrong conceit by Gods law be amended more ready to hold with Gods law openly and privily with Gods grace and nothing to hold teach or maintain that is contrary to his Law By which he made that very Parliament Iudges of his Doctrine had reformers of the Church though for the most part Papists in those dayes On the contrary side the very Papists Prelates Clergy and Convocation in those times did likewise Petition the King and Parliament for suppression of haereticall opinions Preachers Bookes Schooles Conventiâ—les and the punishment and restraint of hereticks sectaries haereticall preachers and Schoolmasters as they deemed them and upon their prayer and importunity the Statutes of 5. R. 2 〈…〉 5. â—2 H. 4. c. 15. â— H. 5. c. 7. to which the Commons never consented were made and 〈◊〉 to that purpose as is evident by the very words of the Acts themselves Master Fox his Acts and Monuments vol. 1. Edi◠〈◊〉 p. 773. And it is as evident that the Popish Commons Petition was the cause of the Statute of 25 H. 8. c. 14. For the punishment of heresie and the Popish Clergyes importunity to King Henry the eight his motion to the Parliament the occasion of the bloudy Statue of 31 H. 8. c. 14. 34. H. c. 8. 1. as the words of the Acts and Master Fox demonstrate both King and Clergy Nobles and Commons even in these times of Popery deeming our parliaments the meetest Iudges and only lawgivers for ordering Church affaires and matters of Religion About the 37. yeare of King Henry the 〈◊〉 Roderick Morse once a Grey 〈◊〉 published a book in print 〈◊〉 A complaint to the Parliament house of England directed to the Parliament wherein he demonstrates many abuses and corruptions of the Church and Clergy of England in those dayes both in matter of Doctrine Worship Discipline manners which he earnestly presseth petitioneth the Parliament effectually to reforme by wholsome Lawes and Edicts as a thing most properly belonging to their place and Iurisdiction as the whole booke manifests which had been very absurd had the Parliament been no meer Iudge of Religion and Church affaires and no 〈◊〉 Reformers of these abuses by Lawes and punishments as some now repute them In King Edward the sixt Queene Maries and Queene Elizabeths severall Raignes the Clergie and 〈◊〉 made their Petitions and addresses to the Parliament for setling reforming establishing all matters of Religion Church-government and discipline as the forementioned Statutes with multitudes of Petitions and bookes printed and dedicated to the Parliaments in their severall Raigns demonstrate especially 1. and 2. Phili. and Mary c. 6. 8. 1 Eliz. c. 1. 2. 4. 8. Eliz. c. 1. Two admonitions to the Parliament Anno. 1572. Iohn Penry his supplication to the Parliament and others The Petitions to all the severall Parliaments in King Iames his Raigne and our present Soveraignes but more especially to this present Parliament from all sorts of people in every County of the Realme
from Laity and Clergy Protestants of all sorts as well Presbyterians aâ— Independents yea from Antinomians Anabaptists Brownists and Schismatickes of all sorts to reforme Religion especially Church-government set up the Ordinances and worship of God in their purity and settle all matters of Doctrine Discipline Government by Act of Parliament as neere as might be to the word by the assistance of a godly learned Assembly of Divines the daily calling of Ministers of all sorts upon the Parliam to pursue this work the prayers of all piously affected to Almighty God both publickly and privately to assist them extraordinarily from Heaven in this great weighty spirituall building together with the Assemblies submission of all their determinations to the Parliaments alteration approbation or rejection and the Independents own addresses Petitions late tender of the reasons of their dissent from the Assembly to them is to my weak approbation a most irrefragable Argument and publicke acknowledgement of their undoubted right and Legislative power in all Ecsiasticall affaires of what nature and quality soever and that all parties ought readily to submit to their just determinations in point of practise and obedience in all these particulars whereof they have thus unanimously and importunately from time to time petitioned them to be Iudges There is no party or Sectary whatsoever which hath formerly petitioned them in this kinde but would preach and write for universall obedience to that forme of Church-government the Parliament should settle and establish provided it suited fully with their particular way which they judge the truest and most consonant to Scripture and if they should once authorize or settle the Independents hitherto concealed way I am confident they would all preach universall obedience submission to it under pain of contumacy haeresie schisme and the severest penalties Ecclesiasticall or civill since they write as much in effect already in their Pamphlets and that this their way may reasonably yea and upon higher terms then of reason be thought in time that it cannot but overthrow all other sorts of Ecclesiasticall Government and stand up it selfe in their stead If then every side be of this minde in case the Parliament determine for their party then why should not all be willingly concluded satisfied with what they shall rightly determine be it for or against their way since they have all appealled to their judgements alike which must either be altogether fruitlesse and un-obliging to any or els indifferently binde all to voluntary or enforced conformity Add to this that all or most of our opposites in this point of Parliaments juriâ—diction and Legislative power in Ecclesiasticall matters have freely submitted themselves to the Protestation Vow and solemne Nationall Covenant imposed and prescribed by the Parliament which enjoyne them under paine of highest Perjury with their lives and estates to maintain and defend the ancient rights and priviledges of Parliament and this we now debate as well as any other That they have generally acknowledged and obeyed the Parliaments Iurisdiction in prescribing publick monethly Fasts and others upon speciall occasions with publicke dayes of thanksgiving together with their power and Ordinances to suppresse all prophanations of the Lords day with many other abuses Sects Errors in Church affaires which hath for ever estopped them to quarrell or deny the Parliaments Legislative Iurisdiction in any other particulars of Church-government Discipline or Religion which suite not with their humors or opinions I shall conclude this point concerning Our own Parliaments Ecclesiasticall jurisdiction with the determination of our incomparable Jewell which hath more reall worth and value in it then the contrary opinion of thousands of opposites being alwayes hitherto reputed the received Doctrine of the Church of England and with Bishop Bilson a very solid Writer This reverend learned Jewell in his Apologie hath this passage concerning the establishment of the Protestant Religion among us That the matter hath been treated in open PARLIAMENT with long consultation and before a notable SYNOD and CONVOCATION Master â—â—â—ding his Antagonist Anâ—â—gonist answering thereunto just as some Independenâ—â— and others who protest they have abjured all Popery though they follow it herein to an haires breadth do now The Parliaments of these later dayes did make most of you and yet how open was it for you had ye any plaâ—e at all in it were ye admitted within the doores or had ye any thing to do in that assembly Did they tarry many moneths about it had they Bishops had they Divines and the most learned to reason too and fro with all Liberty c. How many of the spirituall Lords a great part of the Parliament and without all doubt the part which must be chiefly and only regarded when the questiones of Religion gave their voyce to your Gospell yea which of them did not resist it save 〈◊〉 alone c If they will needs have their matters to depend of THEIR PARLIAMENT let us not be blamed if we call it PARLIAMENT RELIGION PARLIAMENT GOSPEL PARLIAMENT FAITH This learned Bishop returnes the ensuing reply to him That the Parliament war summoned by royall Authority confirmed and concluded in Order as heretofore hath been used That a Parliament might be held and Acts passed without the consent and agreement of Lords Spirituall for which he produceth sundry examples Farther whereas ye call the Doctrine of Christ that now by Gods great mercy and to your great griefe is universally and freely preached a PARLIAMENT RELIGION and a PARLIAMENT GOSPEL for such sobriety becometh you well and may stand you instead when learning fayleth ye might have remembred that Christ himselfe at the begining was universally received and honoured through this Realme BY ASSENT OF PARLIAMENT and further that WITHOUT PARLIAMENT your POPE himselfe was never received no not in the late time of Queen Mary yea and even then his Holinesse was clogged with PARLIAMENT CONDITIONS that whatsoever had beene determined in Parliament and was not repealed were it never so contrary to 〈…〉 and Canons should remain still inviolable and stand in force 〈…〉 Holinesse had gone home again Such Master Harding is the Authority of a Parliament Verily it Parliaments of Realmes be no Parliaments then will your Pope be no Pope Therefore as you now call the truth of God we professe a Parliament Religion and a Parliament Gospel even so with 〈…〉 and gravity of speech you might have sayd our Fathers in old times had a Parliament Christ And your late Fatherâ— and Brethren had of late in the time of Queene Mary a Parliament Faith a Parliament 〈◊〉 a Parliament Pope Neither is it so strange a matter to see Ecclesiasticall causes debated in Parliament read the Lawes of King Inas King Elâ—â—ede King Edward King Ethelstan King Edmond King 〈◊〉 King Canute and ye shall finde that our Godly Forefathers the Princes and Peers of this Realme never vouchsafed to entreat of matters of Peace of Warre or otherwise touching the
Lipsiae 1584. together with the severall Confession of all the Protestant Churches in Germany and elsewhere recorded in the Harmony of Confessions which were made published established by the severall Protestant States to Diets or Parliaments by common consent of the Nobles Magistrates Senates Ministers of those Churches not by the Clergy alone are a sufficient demonstration of their Ecclesiasticall legislative power and jurisdiction in all matters of Faith Discipline and Government In few words I dare averre that there is never a forraigne Christian Empire Kingdome or Republike in the world whether Protestant or Popish but hath in their Parliaments Diers Senates made sundry Lawes concerning matters of Faith Government Discipline Clergiemen and all Ecclesiasticall affaires yea for the establishment of that Religion Church Government and Discipline in present use among them as their severall Laws and Constitutions will abundantly manifest to any who have vacancy to peruse them I shall close up this Section with some presidents of the Parliaments of Ireland and Scotland which have most affinity to the Parliaments of England Among the printed Statutes of Ireland collected by Master Belton I mèet with these ensuing Ecclesiasticall Lawes made in the Parliaments of Ireland 36. H. 6. c. 1. That Beneficed persons shall keep Residence 7. E. 4. c. 2. 3. That none shall purchase Benefices from Rome and that pardons made to such as purchase them thence shall be voyde 10. H. 7. c. 5. Against provisors from Rome 25. H. 8. c. 2. For uniting the Personage of Cantrim to the Priory of Saint Peters 28. H. 8. c. 5. That the King shall be supreame head of the Church of Ireland ch 8. and 26. For payment of first-fruits ch 13. Against the Authority of the Bishops of Rome and chap. 14. 17 18 23. For other Ecclesiasticall matters 33. H. 8. c. 6. Conconcerning Mariages cha 12. For Tithes chap. 14. For erecting of Vicaridges 33. H. 8. Parl. 2. chap. 5. For suppressing religious houses 2. Eliz chap. 1. For restoring to the Crowne the ancient Iurisdiction and the State Ecclesiasticall and abolishing all forraigne power repugnant to the same cha 2. For the uniformity of Common prayer and service in the Church chap. 3. Concerning first fruits and Personages impropriate c. 4. For the conferring and consecrating of Archbishops and Bishops 11. Eliz. c. 6. and 13. Eliz. c. 6. with diverse others since For Scotland I finde many Ecclesiasticall Lawes concerning the Church Church-men and all matters of Religion made in Parliament and intermixed with their temporall Acts. To omit the Ecclesiasticall Lawes of King Keneth mixed with his Temporal enacted about the Yeare of our Lord 844. In the Statutes of K. William of Scotland made about the Yeare of our Lord 1170 chap 32. Is For maintaining the true Religion and the Rights and liberties of haly Kirke chapter 34. Of the honesty of Clarkes King Robert the first in his Parliament holden at Scone with his Bishops Abbots Priors Eaâ—iâ—s Barons and other Noblemen of his Realme to the honour of God and haly Kirke with common advise and consent of all the Prelates and Freeholders foresaide and haile community in the 13. Yeare of his Raigne to wit Anno 1319 made a law chapter 〈◊〉 For the freedome of the Kirke and Kirkmen and maintenance of true Religion And the second Parliament of this King chapter 1. Is of Donation of Lands made to Religious persons and chapter 14. Concernes Nunnes Among the Statutes of King David the 2. the 12th chapter is of Pilgranners and chapter 42. For freedome of holy Kirke Not to mention all the statutes made in the Parliaments of Scotland in times of Popery for advancing the Popes Authority Masse Prelacy with sundry Doctrines and Ceremonies abolished by subsequent Acts in times of Reformation I shall only give you a briefe account of some of their Acts of Parliament since beginning of reformation in that Kingdome I finde in Master John Knox his History of the reformation of the Church of Scotland lib. 3 pag 56 57. in the London edition â—644 That in a Parliament held in Scotland Anno 1543. there began question of the abolishing of certaine tyrannicall Acts made before at the devotion of the Prelates for the maintaining of their Kingdome of darknesse to wit That under paine of Haeresy none should read any part of the Scripture in the vulgar Tongue neither yet any Tractate or exposition of any place of Scripture which Act after great debate in Parliament betweene the Nobility Commons and Clergie was wholly repealed and this Act of Parliament enacted That it should be lawfull to every man to use the benefit of the Translations which then they had of the Old and New Testament together with the benefis of other Treatises containing wholsome doctrine untill such time at the Prelates and other Church-men should give and set forth unto them a translation more correct And so by Act of Parliament it was made free to all men and women to reade the Scriptures in their vulgar tongue and all Acts to the contrary abolished This was no small victory of Christ Jesus against the conjured enemies of his Verity In the yeare 155â— of the Protestants in Scotland petitioned both the Queene Regent and likewise the Lords Barons Burgesses assembled there in Parliament for repeale of severall Lawes formerly made against Heritickes for prayers in their vulgar Tongue frequent preaching or interpretation of the Scriptures due administration of the Sacraments of Baptisme and the Lords Supper Reformation of the Church Prelates and ecclesiasticall estate their lives Courts and proceedings And likewise entered a formall Protestation in the Parliament House After this in the yeare 1560. The Protestant Barrons Gentlemen Burgesses and others of the Realme presented a large supplication to the Nobility 〈◊〉 States of Parliament then assembled wherein they desired the abolition of Idolatry and such false Doctrin as wâ—e condemned by Gods word by Act of that Parliament and punishment to be appointed for the transgression that the abuses and prosanations of the Sacraments of Jesus Christ and of the true Discipline of the Church might be reformed That the Popes usurped ecclesiasticall Authority might be abolished and the Popish Clergy removed c. Which application being read in the Audience of the whole Assembly the Batons Ministers other Petitioners were thereupon commanded to draw into plaine and severall heads the summe of that Doctrine which they would maintaine and desire the present Parliament to establish as wholsome true and only necessary to be beleived and to be received within the Realme which they willingly accepted and within foure dayes presented a large Confession of the faith professed and beleived by the Protestants within the Realme of Scotland consisting of 25. Articles which were read in face of Parliament and after ratified by the three States of this Realme at Edinburgh the 17. of Iuly 1560. and by the whole body of the Parliament which
civill Magistrates as you have plentifully done even with some colour of reason as well as insanire cum ratione which is all I shall answer to your reasons Fourthly Hee writes Let Master Prynne Or any other evict mee of any wilfull or unwilfull violation of the priviledges of Parliament and I shall bee as willing as willingnesse it selfe can make me to further such a conviction and no man shall be more ready then I to crave their pardon or undergoe their Justice nay I shall repent my selfe and abhor my errour in dust and ashes Certainely this your promised late Repentance which is yet contingent and improbable after so many publike offronts and oppositions against the power and proceedings of Parliament will bee a very poore recompence and satisfaction for all your former misdemeanors and scandalls to the Parliament yet late repentance being better then none at all I shall now challenge you to make good this your promise since your owne Conscience and judgment cannot but informe you I have written enough in the former Sections to evict and convince you and all the world besides that you have not only violated but denyed oppugned those priviledges of Parliament in Ecclesiasticall affaires which our owne Parliaments in all ages and Parliamentary Assemblies in all other Kingdomes have unquestionably exercised enjoyed without any such publique opposition as you have made against them And if you now make not good your promise few or none will ever credit you hereafter 5ly For the Authors you cite to justifie yourselfe they are miserably wrested and mistaken for the most part The first you quote is Master Edwards who maintaines point blancke against you throughout his Treatise a Legislative and coerceive power in Parliaments and civil Majestrates even in Church-affaires and matters of Religion in the very pages you quote and else where Therefore you palpably abuse the Author and Reader in quoting him to the contrary who is so point-blancke against you For the passage you quote out of his Page 256. The Parliament interposeth no Authority to determine what government shall be whence you inferre p. 7. Therefore his opinion appeares to be either that the Parliament hath No authority or at least intends not to make use of it in determining a government It was written only with reference to that present time the Parliament having at that time when he writ during the Assemblies debate and consultation interposed no Authority to determine what government shall be yet before that it had declared the old prelaticall Lordly government to be abolished and called an Assembly to advise with about a New But to inferre from thence as you doe Therefore his opinion is either that the Parliament hath no Authority or at least intends not to make use of it in determining a Government Is an inference quite contrary to the next ensuing words and pages to the whole scope of the Authors Booke Humbly submitted to the Honourable houses of Parliament contrary to his expresse words p. 138. 281. to all his reasons against Toleration of your Way and to the Parliaments intent in calling the Assembly to assist them in determining and setling a Church-government agreable to Gods word Be ashamed therefore of this grosse perversion of your first Authors passages diametrally contrary to this meaning Your Passages out of Master Hayward Bishop Iewell Master Fox Mr. Calvin Iacobus Acontius Junius Peter Martyr and Gulielmus Appolonius make nothing at all against the Legislative Authority of Parliaments in matters of Religion and Church government and have no aâ—â—inity with your Passages words most of them Bishop Iewel especially as I have already proved vindicating propugning the very ecclesiastical power of Parliaments which you oppugne Indeed some of their words seeme to diminish the Coercive power of Majestratâ—s enforcing of mens consciences in matters of Religion which I shal answer in due place and manifest how you abuse the Authors herein as well as Mr. Edwards not hitherto answered by any of your party but how they militat against the jurisdiction of Parliaments in making Lawes touching Religion discipline and Church-government I am yet to seeke For the Passages he aleageth out of the Divines of Scotland That the Prince or Majestrate may not make or publish any Ecclesiasticall Law without the free assent of the Clergy c. That he may not by HIMSELFE define or direct such matters nor make any Lawes therein That the King hath not a Nomotheticke Legislative Power in matters ecclesiasticall in a constitute Church That the ordinary power of the King is not to make Ecclesiasticall Lawes c. I Answer 1. That their only meaning if I mistake not in these passages is that the Prince or chiefe civill Majestrate of HIMSELFE without a Parliament or without the assistance and consent of his Nobles Commons Clergy cannot legally make any ecclesiasticall Lawes to obliege his people upon which reason our Brethren of Scotl. rejected the late New service booke and Canons and our selves the late Canons c Oath which Canterbury wold have obtruded on us because they were made and prescribed only by the Kings Authority and the Prelates or Convocations not the Parliaments upon which very reason the Parliaments of both Kingdomes have respectively adjudged both one and other illegall But that the King or supreame temporall Majestrates assisted by a Parliament and Orthdox Divines may not make binding ecclesiasticall Lawes or that their or our Parliaments have not a reall Legislative power in any matters ecclesiastike the only point controversed is directly contrary both to the constant Doctrine and Practise of our Brethren and their Church used ever since the Reformation to the proceedings of their last Parliaments and generall Assemblies as I have formerly manifested You may therefore blush at this your perverting of their meaning as if they held that the Parliaments of England or Scotland had no power to make Ecclesiasticall Lawes for Religion or Church gouernment when as their Bookes Actions addresses to our present Parliament their presence assistance in our Assembly proclaimes the contrary And the very publique Confession of faith professed and subscribed in their Church Anno 1560 Chap. 14 since confirmed by severall Acts of Parliament doth the like But admit all those Authors really as not one of them is in verity opposite to the Ecclesiasticall Jurisdiction and Legislative power of Parliaments yet the unanimous practise and resolution of all Christian Realmes Synods Parliaments in all ages contrary to their private novell opinions is sufficient infinitly to overbalance them in the Judgements of all prudent men And thus much for Mr. Goodwins Innocencies tryumph as to the present point I shall next apply my selfe to Answer such Objections as my deare Brother Master Henry Burton hath lately made against the premises in his Vindication to my 12. Queeres touching Church-Government my Independency examined His first and principall Objection is this
things to make good his Argument 1. That if there were no other particular Church in the world then one as that of Abrahams family should it not be a compleat Church untill there were other Churches on whose jurisdiction it should depend I answer yes But this is not the case nor question We in our Realme blessed be God have in all parts not only one particular christian family church but many thousand Parochiall Churches Congregations as our very Almanacks as well as Cosmographers will informe you What then Brother will you inferre from this sole Church in Abrahams family to our Churches now Will you argue Abraham in his dayes had a compleat absolute Independent Church in his own family onely Ergo now there ought to be such an Independent absolute Church in every family at least where there is a sufficient number requisite to make up a ministeriall body as you interpret it what then will become of your congregationall Churches and our Parochial consisting of many great families they must by this new Doctrine divide themselves presently into so many families or Independent Churches as there are great families in them and then I hope the Master of the family onely not an Independent Minister must be their Paster and Ruler as Abraham was in his and then farewell the office of Minister which some of your Lay Elders exercise without scruple denying the very calling of Ministers and all our Churches too Brother will you argue thus Adam was a compleat and absolute man alone therefore he needed not a helper or wife or family to be joyned to him Suppose you should take a single person who formerly lived alone by and of himselfe without relation to or communion with any other men like a Popish Hermite or Anchorite into your family Church or incorporate him into this City or any company in it will you say that because this man was absolute and under no command at first Ergo he must continue so still in your family Church this City and his company and neither you nor any of them may or can of right enact any thing to controle him I trow not When there were only single Families living remote from others in the world they were absolute and compleate Churches Republikes of themselves but when these single families multiplyed and combined themselves into Villages Cities Provinces Republikes Kingdomes they thereby lost their pristine liberty absolutenesse independencie compleatnesse and of intire small bodies Churches Republikes became onely parts and members of those larger ones to which they were thus combined So it is with particular Mother Churches when there was but one particular Church in the world or in one State or Kingdome the case of all the first Churches planted by the Apostles without any Neighbour Churches to combine with this Church being under no superiour Christian Magistrates was absolute and independent in it selfe there being no other Church to joyne with But if this one Church through the encrease of Christians shall swell so great as to spread it selfe over all the City or Republike wherein it is and so upon necessity must divide it selfe into sundry particular Congregations then all these Churches being under one and the selfe-same Republike and united together under one supreame Civill Magistrate as members of the same Nation Kingdom City Republike and of the self-same nationall or Provinciall Church doe thereupon lose their absolutenes and Independency and become subject to the Power Lawes Canons Determinations Government and Discipline of the whole Nationall Church and Kingdome of which they are but members which to preserve publike peace unity order amity ought constantly to be governed by the self-same generall Ecclesiasticall Lawes setled by the common consent of all their severall National Synods and Parliaments as Civill Lawes are which oblige all But this saith my Brother in the second place takes away the lawfull Jurisdiction and rights of particular Churches Ergo it is not to be admitted I answer first By the like reason you may argue the joyning of many particular persons into one family of divers families into one Parish of sundry Parishes into one City of divers Citie into one State of sundry States and Kingdomes into one Monarchy or Empire of divers Companies and Regiments into one Army of sundry Knights Citizens Burgessâ—â— and Peeres into one Parliament and many Ministers into one Synod deprives them of their Independency their particular Rights Interests and subjects them to a new superiour power Iurisdiction command and to their publicke Lawes and Ordinances Ergo it is unlawfull intollerable and such Corporations Republicks Kingdomes Empires Parliaments Synods ought not to be If this be a good consequence you will subvert all humane Societies Corporations Republicks Synods Parliaments Independent Churches and Families to by like reason â— This takes not away the lawfull rights of particular Congregations but rather improves them for their owne particular and the publick good for Brother I pray informe me which is best of the two for a particular Church or Corporation to be subject only to such Lawes Rules Government and Discipline as shall be made decreed declared most agreeable to the Word of God and fit to be generally received in all Churches by an whole Parliament and Assembly of the most wise ablest and best experienced Christians Nobles Divines after long debate and consideration or by the private rash Opinions and perchance passions humours of two or three private persons perhaps directed swayed by particuler interests relations ends Which is justest safest or most remote from Tyrannicall Arbitrary and Papall Government for Churches States Persons to be all confined to certaine publicke Lawes and Canons enacted by common consent in Parliament limiting who shall be admitted to who secluded from the Congregation Sacrament communion of Saints c. and for what causes offences in certaine c. then to be left Arbitrary to the meer mercy wills determinations of the Ministers and Elders of every particular Congregation or to the pleasures of Princes or some few temporall Magistrates without any Lawes or limits to restrain them We all hold it the greatest happinesse freedome of our Kingdom and the chiefest part of our Priviledge which we enjoy as free-men of England That we neither may nor can be legally bound by any Lawes Canons Taxes or Commands but only such as are made and imposed on us by full consent in Parliament and not subject to the meere Arbitrary Lawes Ordinances wills commands of our Princes Magistrates Iudges Prelates or any other private men And shall it be then held the slavery injury and not rather the liberty or priviledge of particular Churches and their members to be subject only to such Ecclesiasticall Rules Canons Orders Covenants Government and Discipline as shall be publickly agreed on consented to and setled in Parliament to which all Churches Christians shall be equally obliged without exemption then to be left at six and
Nationall Synod wherein these Churches are all combined hath no juridiction or legislative Authority over them nor any other particular congregation under their precincts A doughty Argument much like this in effect The Burrough of Westminster hath no jurisdiction nor power to make binding Lawes for the Burrough of Southwarke not the county of Kent for the county of Middlesex nor any one City County or Burrough in England power to prescribe Lawes to one another Ergo all these counties cities burroughs assembled in Parliament in their Knights and Burgesses have no power to make Lawes to bind any of them nor the Kingdome And what then becomes of our Parliaments Authority and legislative power if this kind of logick be admitted 4. My Brother other Independents generally grant that every Congregation may and ought to give an account of their actions censures proceedings and opinions to another private Church therefore they are not absolute nor simply Independent in regard of other particuler Churches much lesse then in respect of an whole Nationall Synod Parliament or Presbitery which reason others having largely prosecuted I shall but touch 5. I demand whether every particular Church or Congregation whatsoever be such an absolute compleat independent body in it selfe subject only unto Christ c. or only independent Churches and congregations If Independent only I pray shew your Magna Charta for such a peculier priviledge which no Churches else enjoy or challenge but onely yours If all particuler Churches enjoy this priviledge then marke the consequence Papists Arminians Anabaptists Sociniaas Antinomians Arrians Familists and as one Master Williams an Independent affirmes in Print Mahumetans Iewes and all the severall Sects of Religions in the world mustered up by Master Samuel Purchas in his Pilgrimage and Voyages must be absolute and Independent to nor may any Magistrates Parliament Synod make Lawes to regulate reclaime suppresse or punish them because they are subject to none but to Christ and accountable onely to him and their consciences free then every Sectary Schismaticke Hereticke what soever may gather and set up an Independent Church of three or foure families persons in a corner and neither King Parliament nor Presbiteries may question or suppresse them because they are immediatly subject to none but Christ Then persons questioned excommunicated by their congregations or such members of your Churches who either feare your censure or fall into any pett or humour against your Ministers Elders Government may set up a new Church of their owne and so avoyd both your jurisdiction and censures In one word this absurd Paradox would open a large guppe to all Errours Heresies all Sectaries Schismaticks impious practises and opinions without the least impunity restraint or meanes of reformation 6. This conceit derived onely from the Pope himself who claimes this priviledge that he is subject and accountable to none but Christ himselfe in spirituall things and is an Independent Church within himselfe as the Iesuites with others affirme makes every Independent Church or Minister a meere Pope subject and accomptable to Christ alone I beseech you therefore Deare Brother tell me how you can be said to renounce the Pope Popery Antichrist and abolish them out of our Realme to your utmost power according to your Vow and Covenant when as you banish onely one Pope and set up many in making every Independent Minister and Congregation a meer Antichristian Pope exalting it above all that is called God as immediately subiect to none but Christ My Brothers fifth Objection is That Christ should be very unfaithfull carelesse and leave his Church to six and seven if he had not prescribed as exact a Church Government and Discipline for it under the Law as under the Gospel And we should have a mad world he should say Church if it were left to Christian Princes Civill States or Parliaments to set up such a Church-government and Discipline as they should conceive were most suiteable to Gods Word and the Lawes and customes of the Realm and manners of their people I Answer 1. In generall In generall that this is onely words not proofes matters of fact as this now controverted is must be ever proved by reall visible demonstrations not farre-fetched inferences fancies probabilities suggestions or pretended inconveniences of our owne devising Therefore Brother trouble not the world any more with inferences or illustrations of what is not but produce some down-right Scripture proofes of what really is what Philip spake in one sence to our Saviour Shew us the Father and it sufficeth us I shall say to you shew us your Church-Government deliniated prescribed to all Churches in Scripture in all particulars wherein we differ and it shall suffice us but your Inferences from the Tabernacle Temple Ezechiels vision these objected inconveniences neither will nor can satisfie any man who hath any science conscience or reason to guide his choise 2. I answer That Christ hath not been so extreamly negligent or carelesse as to leave his Church under the Gospel at six and seven though he hath not been so exact in prescribing or establishing a set forme of Church-Government and Discipline under the Gospel as he was in the Old Testament in setting downe the patterne of the Tabernacle Arke Temple under the Law as you object For Brother your selfe acknowledge in your Margent pag. 5. 6. upon second thoughts that he hath not done it though you affirme the contrary in your Text Wil you I pray argue that Christ is more carelesse of his Church under the Gospel then under the Law because the manner and time of Circumcision eating the Passeover consecrating of Priests with all their accoutrements the forme of the Tabernacle Temple with all the Services Sacrifices thereto belonging are more exactly and particularly set downe and prescribed in the Old Testament then the manner time or forme of Baptisme administring and receiving the Lords Supper ordination of Ministers the model or fashion of our Churches and their necessary furniture are in the New or because the use of solemne Vowes and Covenants your great Diana the manner of solemnizing Fasts sanctifying the Sabbath Feastivalls Nationall Assemblies c. are more exactly delineated and prescribed in the Old Testament then the New Or which soares higher was Christ more carelesse of his Church before then under the Law because he gave them not the Law in writing as he did in after times or carelesse of the Church under the Law because he gave them not the Gospel then but Law alone Brother your self acknowledge that Christ hath left his Churches childrens consciences more free under the Gospel then they were under the Law exempting them from the Ceremoniall Law and all humane Ordinances to which they were formerly obliged Is he therefore carelesse or unfaithfull I beseech you Brother take heede how you cast dirt in Christs owne face by such strained inferences or charge your Brother with no lesse
then Heresie or hereticall Doctrin by such extravagant inferences and incoherent Arguments for fear you dishonour both your Master and your self 3. Though Christ hath left no absolute exact forme of Church-Government in Scripture for all Churches and Ages yet he hath left his Word to be a light to the feete and a Lanthorne to the pathes of all his Saints and Churches and said downe such generall Presidents rules and directions therein as may serve for ordering directing and regulating of all Churches herein yea he hath given us some more particular rules for some things which concerne the Government of his Churches The Scripture hath generall Rules for our faith life manners thoughts words actions apparell eating drinking praying preaching receiving the Sacrament c. applicable to all particular cases and occurrences concerning them though not particular punctuall rules for deciding all those cases of conscience and controversies that frequently arise concerning them yet Christ is not unfaithfull because he hath left his Church sufficient rules and meanes of salvation in generall or particular to bring it safe to heaven 4 The providing of godly and faithfull Ministers Magistrates and Governours of the Church to put good Laws Disciplin and Government in execution is a great part of Christs charge and care as well as providing his Word and a Government for his Church Will you charge Christ then with negligence and leaving his Church to six and seven because every Minister of Christ hath not the selfe-same measure of gifts and endowments to discharge his Ministery or because some Ministers are more negligent in their places then others and some sheep are left oft-times without a Shepheard or committed to a Iudas a Thiefe or to Wolveâ— false Teachers Seducers which teare and devoure instead of feeding them or because he set not up and maintained this forme of Church Government you now contend for as his and none else beside in all Churches for so many hundred yeares together but reserved this honour in this latter age to some of you or rather to the Anabaptists and Brownists your Predecessors herein to advance it Brother you may easily discerne by this where your owne pretended inconveniences and inferences will drive you at the last if you rely upon them I beseech you therefore as a loving Brother to forbeare them for the future 4. Whereas you object We should have a mad world of it if Civill States Magistrates Kings and Parliaments should set up such a Government 〈◊〉 they conceived to be agreeable to Gods Word and the good Lawes and Customes of their Realmes I answer 1. That it is your own position that every particular man and Church ought to walke according to the rule of their own consciences and judgement not anothers Christ only being Lord of their consciences If then a whole Kingdome Parliament Church or Realme shall conceive and be perswaded in their consciences that such and such a Church Government is most consonant to Gods Word most suiteable to their condition and therefore shall upon solemne debate after much seeking of God by Prayer and Fasting make choise of this government before another as by electing a Presbyteriall rejecting an Independent way What madnesse or inconvenience meer slavery tyranny humane invâ—ntions superstitions or corruption will this introduce Shall they be Hereticks presently for such a choise as you define them Shall private men have more liberty of choise or conscience then whole Nations Synods Parliaments or more wisedome temper knowledge discretion conscience then they Indeed I have read of one Parliament stiled the Mad and another the unlearned because there were no Lawyers in it and no doubt both Parliaments Councells Synods generall Assemblies may and doe sometimes erre and that grosly as well as private persons or congregations But doubtlesse all reasonable men will and must acknowledge that two are better then one a whole Court of Iustice lesse liable to errour and corruption then a particulâ—r Judge a whole Parliament then a Committee an whole Synod then a private Conventicle or congregation Then tell me in sober sadnesse good Brother whether your Independent Assertion That every particular Minister hath power to gather and set up a Church of his owne Independent from any other and to choose such a Discipline Government to themselves as they CONCEIVE to be most suiteable to Gods Word though in truth it be not so but a meer CONCEITE as I feare your New way is That particular Christians have power to unite themselves into a Church and elect a Minister and Government of their owne choise most agreeable as they thinke to the Word And that every Sect and Person ought to have free liberty of conscience in the exercise of what they beleeve Or my Position be likely est to produce more madnesse in the world or mischiefes in the Church Certainely it will be a madder world and Church too indeed when every private Minister and Christian may follow their owne opinions fancies crochets waies every Sectary set up his owne congregation sect and vent his owne erronious schismaticall Opinions without control when every man shall have priviledge to doe What seemes right in his owne eyes as if there were no King in Israel no Parliament in England when every Anabaptist Enthusiast or brainsick Melancholico shall not only build Churches in the ayre different from all others but set them up openly in our Cities Counties Kingdomes without impediment in contempt of Lawes Parliaments all Civill or Ecclesiasticall Authority as too many I feare doe now and I hope the High Court of Parliament will remedy it in due time because they deem their owne fancies Gospel their owne Juventions Christs Oracles Certainly the world and Church will both be mad in good earnest when such a licentiousnesse shall be proclaimed under the Notion of Christian Liberty every mans own private way christned with the Name of Christs Kingdom c. though it hath small affinity with it The God of peace order of his infinite mercie preserve us safe from this Maniaca Insania this deadly madnesse into which we are running and hath already desperately seized upon the Braines and hearts of many My Brothers sixth Objection is this That Parliaments Councells Synods are not now infallible but subject unto errour many of them having erred and that grosly in former and late times That neither Parliament nor Assembly can now say as that Synod Act. 15. 28. It seemeth good to us and to the Holy Ghost they being not endued with an infallible spirit Therefore they can make no binding Determinations Lawes Canons Decrees in any Ecclesiasticall matters to oblige any particular Churches or christians Good Brother writes he for all your punctuall quotations of that Scripture Acts 15. you doe not all this while tell us that which is the maine of all which we finde in the 28. verse IT SEEMED GOOD TO THE HOLY
1073. g Hist Novotum lib 1. p. 6. h Malmesb dr Gestis Ponâ—â—f AngloÌ„rum p 214. 215. 1075. 1093. i Eadmerus Hist Noverum lib. 1. p. 26. to 31. k Historia Angl. p. 190. l Hadmerue Histor Novorum l. 3. p. 6â— Willielmuâ— Malmâ—â—bury de Gestis pontif Anglorum l. 1. p 228. 〈◊〉 Annal. pars prior p. 469. Math. Westm An. 1102. p. 23. Antiquitares Ecclesiae Brit. p. 104 105. m Jotnal Histor Antiqui Ecclesiae Brit. p. 105. n Matth. Paâ—is Histor Angl. Anno 1107. p. 25. 26. Roger â—oveden Annal. pars 1. p. 60. Eadmerus Hist Novorum l. 4. p. 91. o Eadmerus Hist l. 4. p. 94. 95. Haec sunt statuta de Archidâ—aconibusâ— c. qua Dominicae incarnat Aâ—iouis 1108. statueâ—â—nt Ansel Coâ—tuarâ—ensis Archiepiscoput Thomas Ebor acensiâ— Archiepiscoâ—us electus cum eo alii Episcopi Angliaâ— In presentia gloriosi Regis Henrici essensu Comitum et Baronum suoâ—um â—atutum est 〈◊〉 Regeni Haveden Analâ— pars prior p. 472. p Eadmerus Hist l. 5. p. 114 115. 116. 〈◊〉 p. 49 50 51. * A meere â—orgery and untruth See Section â— q Eadmerâ—â— Ibidem p. 117. 1114. r Ibid. p. 1â—8 Å¿ Eadmerus Hist Novorum l. 3. p. 58. Note t Eadmerus Hist. l. 6. p. 137. 138. 1125. u An. 1125 p. 499 500. See Râ—ger Hoveden Annal parsprâ—orp 478 Math Westm Anno 1125. p. 31. Mathew Paris An 1125 p. 67. Henry Huntindon Hist l. 7. p. 382. Cum eadem diâ—â—â—â—pus Christi conâ—ecisset Meretrice post Vesperam interceptuo est Res apertissima negari non potuit celari non decuit Summâ— honor ubique habitus in summum dedecus versus est c. write our Popish Monkeâ— See John Bale his Acts of English Votaries Holingsheâ—d Speed and others y Continuatio ad Florentium Wigorniâ—sem p. 503. 504. 505. z Continuatioâ—â—â— Floreâ—tium Wigorniensem p. 519 a Roger Hoveden Anâ—al pars prior An. 1138. p. 485. b Hoveden Ibid. Anno 1139 484. c Mathew Westm Anno 1142. p. 28. Mathew Paris An. 1142. p. 76 Roger Hoveden Anno 1142. p. 488. Gulielmus Neubrigensis l. 1. c. 18. p. 27 d Artic. Cler. c. 3 22 Asâ— 70. 11. H. 4 88 20 E 4 10 b. 22 E. 4 20 12 H 7. 22 23 C. â—4 report fâ—o Fitz. Na Brâ—s 51 k 52 m. 53. â— e Antiqu Eccles Briâ— p 117 f Nubrigensis Hist l. 2 c 9 p. 112. 113. 113. See Ioannis Marius Zaberel Theodoricus a Niem de Schismate g Eadmerus Hist Novorum l. 2. p. 23 33. h Eadmerus Hist l. 2. p. 25 26 27 28 29 30 31 32. i Gulielmns Nubrigensis Rer. Angl. l. 1. c. 25. k Hoveden Annal. pars posterior An. 1175. p. 542. Speeds Hist of great Britaine p. 521. 1175 l Hoveden ib. p. 546. 547. Antiquitates Ecclesiae Brit. p. 94 95. 1175 m Hoveden ibid. An. 1176 p. 548 549 550. 1176 n See Eadmerus hist Novorâ— l. 4. p. 97 l. 5. p. 139 to 135. Malmesbury de Gestis Pontif. Anglor l. 3. p. 272 273. o Annal. part posterior An. 1176. p 550 1176 p Hist l. 3. c. 1. p 210 211. q In vita Richardi p 125 126 Å¿ Math. Westm Anno 1226 p. 118. 119. 126. Math Paris An 1226. p. 316. Antiquitates Ecclesiae Brit. pi 153. 154. t Math. Paris p. 319. Antiquitates Ecclesiae Brit. p. 119. 120. v Math. Paris Hist Angl. An. 1231. p. 359. 1231. x Matth. Paris An. 1136. p. 431 432 433. Math. Westm An. n. 237. p. 146. Antiquitates Ecclesiae Brit. p. 163 164. 1236. 1288 y Antiquit. Ecclesiae Brit. p. 205. Se loannis de Aton Constit Provinciales f. 139 131. 1296 z Antiquit. Ecclâ—siae Brit. p. 209 210 211. Matthew Westminster An. 1295 1296 1297. p. 408. 409. 410. Thomas Washingham Ypodigma Neustriae An. 1296 1297. a See Fox Acts and Monuments p. 388. Bishop Iewels defence of the Apology of the Church of England part 6. c. 2. divis 1. p. 522 habito Rex cum suis Baronibus Parliamento Clero excluso Statutum est c. b Antiquitates Ecclesiae Brit. p. 314 315. 1418 c See Sir Edw Cookes Institutes on Magna Charta c. 1. Matthew Paris p. 53. 249 296. King Henry the 1. and 2. d Matthew Paris p. 96. 97 98 99. See Eadmerus Houeden Hollingshed Speed Daniel in the life of King Henry the 2d and Antiqu. Ecclesiae Brit and Godwin in the life of Becket * Matthew Paris ibid. f The Antipathy of the English Lordly Prelacy c. part 1. p. 17. to 29. K. Henry 3. K. Edw. 1. K. Edw. 2. K. Edw. 3. K. Rich. 2. K. Henry 4. K. Henry 5. K. Henry 6. K. Ed. 4. K. Rich. 3. K. Henry 7. K. Henry 8. K. Edward the 6th Q. Mary Q. Elizabeth K. James K. Charles a Crompton Iurisdiction f. 1. 2. Conâ— 4. Institutâ— p. 9. b Walsingham Hist Angliae p. 188. 204. to 210. 302. to 307. Fox Acts and Monuments vol. 1. p. 556. to 570. c Walsingham Hist Angl. p. 302 303. d Acts and Monuments vol. 1. p. 618 619 620. * See Boanerges oâ— the Supplication of the Ministers of Scotland to the high Court of Parliament of England Master Henry Burton his Israels Fast the Epistle Dedicatory The Petition of the Lincolnshiâ—e Ministers c. * Redly to A. â— p. 111. See my Brother Burtons Vindication p. 44 45. 60 51 62. e Part. 6. c. 2. Divis 1. p. 641 643 654 â—â—5 f The true difference betweene Christian subjection and unchristian Rebellion part 3 p. 540. 541. 4â—2 543. NOTA. FRANCE Fredericus Lindebrogus Codex Legum Antiquarum g See the Title p. 1. Adâ— dit 4. f. 304. Hinemari Epist ad Epis copos quosdam Franciae et Ludovico Regi And Fridericus Lindebrogus Codex Legum Antiquarum p. 322. c. h Caroli Magni c. Capitula p. 328. 329 Fridericus Lindebrogus Codex legum Antiquarum p. 1193. 1196. 1197. i Acts and Monuments vol. 1. p. 461. to 478. Edit 164. Spaine Bohamia Denmarke Italy Fredericâ—â— Lindebrogus Cod Legum Antiquarum m Ib. f. 363. n Ib. f. 400. Fridericus Lindeb ogus Ibid. f. 265. 166. o Ib. f 439. p Ib. f. 442. q Ibid. f. 498 591. r Ibid. f. Å¿ Ib. 694. r Codicis l 1. Tit. 1. to 12. Novel Const 3. 5 6. 16 37. 42 67. 77 83 79 123 131 132 133 141 144 146 1â—â— 117. Ireland Scotland u Hector Bâ—ethius lib. 10. Spelman Concil p. 340. 342. x See Regiam Majestatem Or Auld laws constitutions of Scotland collected by Sir Iohn Skene printed at Edinburgh 16â—9 * Knox History of the Reformation of Religion in the Realme of Scotland l. 3. p. 127. to 135. * Ibidem p. 250. 251. to 278. See the Doctrine and Discipline of the Kirke of Scotland Leâ—â—e lib. 10. Buchanon Hist l. 16. 17. 18. * Page 96. 97. 98. * See my Brother Burtons Vindication p. 69. * â— Theomachia â— 48. 49.