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
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
the stability of the Realme A cleare evidence it was both a Parliament and Synod too Anno 824. There was another Synodall Assembly held at Clovesho under the same king Beornulfe and Wulfred Archbishop of Canterbury assidentibus Episcopis Abbatibus PRINCIPIBVS MERCIORVM VNIVERSIS MVLTI SAPIENTISSIMI VIRI CONGREGATI to determine certaine Controversies and settle the lands of the Church which they did accordingly the Acts of this Councell were subscribed by the king his Dukes Nobles as well as by the Bishops as you may see in the close of it Anno 833. there was a Councell held at London the 26 of May which is intiuled Concilium Pan-Anglicum a Cauncell of all England wherein were present Egbert King of West-Saxons and Withlasius King of Mercians both the Archbishops of England with the Bishops and Nobles In which they conâ—â—ted not onely of Church affaires but also about hindering the incursions of the Danes and confirmed divers Priviledges to the Abby of Crowland by a Charter granted by this King in this Councel subscribed by the King Dukes and other Laymen as well as by Bishops and Abbots Anno 838. I finde Concilium Pan-Anglicum held at Kingston wherein King Egbert and Ethelwolfe his Sonne sate Presidents together with Ceolueth Archbishop and the rest of the Bishops optimatibus Angliae and the chiefe men and Nobles at England wherein certain Charters of Lands given to the Church formerly accorded to by the Nobles were confirmed vnder pain of excommunication and curses to the infringers of them About which time Keneth king of Scots compiled and published certain Ecclesiasticall Lawes intermixed with temporall made in a Parliamentary Councell not an Episcopall Synod Anno 851. there was a Councell held at Kingsbury under Bertulph King of Mercia praesentibus Ceolnotho Dorobernensi Archiepiscopo caeterisque Regni Merciae Episcopis Magnatibus and another Councell at Benningdon under this King about the same year â Praelatis Proceribus Regni sub Bertolpho Rege In both these ample possessions and priviledges were granted to the Abbots and Monks of England Vnanimi consensu totius praesentis Cancilii pro Regni negotiis Congregati the Charters being subscribed by Dukes Lords and temporall Officers present in these Councels as well as by Bishops or Abbots An. 855. There was a generall Councel of all England held at Winchester Concilium Vâ—ntoniae Pan-anglicum 5. Nov Judic 4. celebratum praesentibus Aethelwulfo Rege Westsaxoniae Beorredo Rege Merciae Edmundo Rege East-Anglorum una cum Archiepiscopis Cantuariae Eborum caeterisque totius Angliae Episcopis Magnatibus in which King Aethelwulph by his royall Charter granted the tenth part of his lands and goods to the Church cum coxsilio Episcoporum ac Principum meorum Praesentibus subscribentibus Archiepiscopis Episcopis Angliae Vniversis reâ—non Beorredo Rege Merciae Edmundo Eastanglorum Rege Abbatum Abbatissarum Ducum Comitium Procerumquetotius terrae aliorumque fidelium infintia multitudine qui omnes Regium Chirographum landaverunt Dignitates vero sua nomina subscripserunt These Councels therefore were no other but Parliaments The Ecclesiasticall Lawes of king Alured Anno 887. were made in Parliament and not in a Synod of Bishops Ex Consulto Sapientum Atque in ipsis discernendis ego Alredus Occiden alium Saxonum Rex prudentâ—ssimeram è nostris confilio usus sum atque eis omnibus placuit edici eorum observationem saith the Praeface to his Lawes The Ecclesiasticall Lawes of Alured or Alfred and Guthurne were accorded in a Councell wherein these Kings and their people made a League King Edward the elder upon the letter of Pope Formosus congregavit Synodum SENATORVM PROCERVM POPVLORVM ET NOBILIVM Gent's Anglae in quae prasedebat Plegmundus Archiepiscopus Tum sibi Rex cum suis Plegmundus Archiepiscopus salubre consilium iniverunt and constituted and elected five Bishops in the Province of the Gevisi where there were but two Bishopricks formerly dividing those two Bishopricks into five by a Parliament not Synod The Ecclesiasticall Lawes of King Edward the elder and Guthurne An. 905. were made in Parliaments of the Lords and Commons not Synods of the Clergie as appeares by this Proeme Haec ea sunt SENATVS-CONSVLTA ac instituta quae primo Aluredus Guthurnus Reges deinde Edovardus Guthurnus Reges illis ipsis temporibus tulere cum Pacis foedus Daci Angli ferierunt ac sese mutuo anâ—plexi sunt quae postea a SAPIENTIBVS recitata saepius atque ad communem Regni utilitatem aucta atque amplificata sunt The Ecclesiasticall Lawes of King Aethelstan An. 928. were made in Parliament not in a Convocation as is evident by the temporall lawes mixed with them made at the same time and by chap. 9. Decreta cictaque sunt haec in celebri Gratanleano Concilio cui Wulfhelmus interfuit Archiepiscopus cum eo Optimates Sapientes ab Aethelstano evocati frequentissimi The Ecclesiasticall lawes of Hoel Dha the good King of all Wales about the yeare 940. were made not by the Ecclesiasticall persons onely but by the Laiety too hee summoning sex Laicos viros auctoritate scientia pollentes six Laymen potent in authority and Learning out of every County and then selecting out of them twelve Laicos doctissimos unum Clericum doctissimum qui vocabatur Blanguindus ad instituendas sibi leges usus c. 12. most learned Laymen and but one learned Clerke to compile Ecclesiasticall Lawes for him and his people The Ecclesiasticall Lawes of King Edmund Anno 944. were made in a Parliament at London as appeares by the temporall lawes joyned with them and by the Proocme Edmundus Rex ipso solenni Paschatis festo frequentem Londini tam Ecclesiasticorum quam LAICORVM caetum celebravit c. A sci entissimis Regni mei in celebri tam Ecclesiasticorum quam LAICORVM frequentia studiose requisivisse quo tandem pacto Christiana proveheretur fides Atque NOBIS OMNIBVS commodissimum visum est Edmundus Rex congregavit magnam Synodum Dei ordinis SECVLI apud London c. Ego Edmundus Rex mando praecipio omni populo seniorum ac juvenum qui in regione mea sunt ea quae investigans investigovi cum sapientibus Clericis LAICIS Anno 948. There was a Councell as well of Lords and great men as Bishops and Abbots held in London In festo Nativitatis beatae Mariae cum universi Magnates Regni per regium edictum summoniti tam Archiepiscopi Episcopi ac Abbate quam caeteri totius Regni Proceres Optimates Londoniis convenissent ad tractandum de negotiis publicis totius regni consummatis Omnibus the K. in this Parlia granted a large Charter of lands priviledges to the Abbey of Croyland this Councell therefore was certainly no other but a Parliament An. 952.
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
' 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
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
that in a Parliament or Councell wherein the King Nobels Senators and Elders of the people were present as well as Bishops and Clergy men Witnesse this preface to those Lawes of his Ego Inas Dei beneficio Occiduorum Saxonum Rex suasu et instituto Conredi Patris mei Heddae et Erkenvaldi Episcoporum meorum omnium Senatorum meorum et natu majorum sapientum populi mei in magna servorum Dei frequentia religiesè studebam tum animarum nostrarum saluti tum communi Regni nostri conservationi ut legittima nuptiarum faedera justaque judicia per omnem ditionem nostram fundata stabilitaque sint atque ut nulli liceat imposterum Senatori sive alteri cuivis in ditione nostra degenti haec nostra antiquare judicia Anno 694. there was a great Councell held at Becanceld wherein Withred King of Kent sate President and Bertuald Archbishop of Britain with Toby Bishop of Rochester the Abbats Abbesses Presbiters Deacons DVKES EARLES all assembled together deliberating about the state of the Churches in England The King subscribed the Lawes there made for the liberties of the Church in this manner Ego Withredus auxilio Christi his Legibus constitutis Rex pro Mo et Werburga Regina itemque pro filio nostro Arico subscripsi Anno 697. there was a Councell held at Berghamsted in the 5th yeare of the Reigne of Withred King of Kent under Birtuald the high Priest of Britanny Gybmund Bishop of Rochester and all the Ecclesiasticall Orders qui cum viris utique militaribus humanissimè et communi omnium assensu has lâ—ges decrevre Cantuariorumque Iuribus et consuetudinibus prout sequitur addendas edixere The Lawes are 28. in number all concerning Ecclesiasticall matters and are stiled in the Saxon Copy Juditia Withredi made in a Councel at Berghamsted praesentibus omnibus Ordinibus illius gentis cum viris quibusdam militaribus So that this was no other but a Parliament wherein the King Nobles Commons and Souldiers were present as well as the Bishops promulging and conâ—enting to these Lawes About the yeare 712 â—ae King of Westsex assembled a great Councell of all his Bishops PRINCES NOBLES EARLES AND OF ALL THE WISEMEN ALDERMEN AND COMMONS OF THE WHOL REALM wherein he made certain Ecclesiasticall Lawes concerning mariages to suppresse all fornication and uncleanesse Exhortatione doctrina per COMMVNE CONCILIVM ASSENSVM OMNIVM Episcoporum OMNIVM ALDERMANNORVM PRINCIPVM PROâ—ERVM COMITVM OMNIVM SAPIENTVM SENIORVM POPVLORVM TOTIVS REGNI or MVLTAQVE CONGREGATIONE SERVORVM DEI as some others render it About the yeare 714 Naitan King of Picts received a letter from Abbot Celfred concerning the time of celebrating Easter and Priests tonsure which he desired the King to cause to be observed throughout the Nation over which God had made him Kings the King hereupon assembled a Councell of learned men and of his Nobles and reading the said letter before them Rex surgens DEMEDIQ OPTIMATVM SUORUM CONSESSV kneled downe upon his knees giving thanks to God that he had deserved to receive such a gift from the Land of England and professed that he would have this forme of keeping Easter and tonsure to be perpetually observed throughout his Realme which was presently commanded by a royall Edict to be put in publique execution and was accordingly performed Anno 724. There was a Synod held in Northumberland by the Authority and favour of King Osred wherein wilfrid by the Kings favour got the superiority of his enemie About foure yeares after there was another Councell held at Worcester under Archbishop Bertuald by Pope Constantines advise not only of Religious persons Sed etiam regni Procerum But likewise of the Nobles of the Realme The Councell of Clovesho or Cliffe Anno 747. Cui Concilio interfuerunt Ethelbaldus Mâ—rciorum Rex CVMOMNIBVS REGNI SVI PRINCIPIBVS ET DVCIBVS as well as the Bishops and Clergy made sundry Ecclesiasticall Constitutions consented to and approved by the King all the Princes Dukes Nobles of his Kingdom not made or promulged by the Bishops only At this Councell were present 33. Princes and Dukes The Ecclesiasticall Canons in the Councell of Calchyth Anno 787. were made and confirmed by Offa King of Mercians and the secular Princes and Senators of the Land therein assembled as well as by the Ecclesiasticall Persons Convenerunt Omnes Principes regionis â—tam Ecclesiastici quam Seculares c. Tam REX QVAM PRINCIPESSVI CVMSENATORIBVS TERRAE DECRETA SIGNO CRVCIS FIRM AVERVNT Anno 7â—9 Pope Alrians Legates held a Councell at Chalchyth where Jambert Archbishop of Canterbury resigned part of his Archbishoprick to the Bishop of Litchfield and Offa King of Mercians who sate chiefe in it caused his Sonne Egfride to be crowned King it being in truth a Parliament as well as a Synod antiently and yet stiled a COVNCELL Anno 793 King Offa held a Councell at Verolam with Archbishop Humbert and his suffragans ET PRINCIPIBVS SVIS VNIVERSIS and all his Princes where they consulted about and resolved to build an Abbey to Saint Aâ—ban and to endow it with great priviledges and that the King should goe to Rome about it which he did Iuxta sententiam praedicti Concilii Anno 794. at the great Councell of Celichyth there were present 9. Kings 15. Bishops and 20. Dukes wherein the Reliques of Saint Alban were elevated adorned and a Monastery sounded to enshrine his bones And the same yeare King Offa having assembled another Councell of his Bishops and Nobles at Verolam REX VNANIMI OMNIVM CONSENSV et benevola voluntate beate Albano amplas contulit terras et possessiones innumeras Monachorum quoque conventum ad tumbam congregavit c. Cyneulf King of Westsex about the yeare 796. writ a letter to Lullus Bishop of Mentz una cum Episcopis meis neenon CVM CATERVA SATRAPARVM to settle matters of Religion In the Councell of Clovesho under Kenulf King of Mercians An. 800. who summoned to that Synod Episcopos DVCES Abbates CVJVSCVNQVE ORDINISVIROS there were severall Canons made concerning matters of faith and the lands and revenue of the Church At the Synod of Celichyth held on the sixth of August An. 816. under Kenulf King of Mercians there were not onely Bishops Abbots Priests and Deacons present in it but the King himselfe cum suis Principibus Ducibus Optimatibus with his Princes Dukes Nobles who made and published 11. Canons concerning matters of saith and Church affaires Anno 822. there was a Synodall Councell held at Clovesho under king Beornulfe wherein this king sate President Archbishop Wilfred with the rest of the Bishops and Abbots OMNIVMQVE DIGNITATVM OPTIMATIBVS Ecclesiasticarum scil SAECVLARIVM PERSONARVM being present in it debated such things as concerned the profit and necessity of Churches the rule and observance of a Monasticall life and likewise
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
have else-where manifested In King Henry the 3. his Raign I finde these severall printed Acts of Parliament made concerning the Church Bishops Abbots Clergymen and Ecclesiasticall affaires which you may peruse at pleasure 9. H. 3. c. 1. 5. 18. 31. 33. 36 37. The Charter of the Forrest 9. H. 3. c. 4. 11. 16. 20. H. 3. c. 9. 51. H. 3. c. 10. 12. 28. besides those Recorded by Matthew Paris In King Edward the first his Raigne there were these Acts to like purpose 3 E. 1. which begins with this Prologue Because our Soveragine Lord the King had given power to redresse the State of the Realme c. for the common profit of holy Church and of the Realme And because the State of holy Church hath ever been kept c. c. 1 2. 46. 4 E. 1. c. 6. 7 E. 1. the Statute of Morâ—main 13. E. 1. c. 5. 19. 29. 31 32 33. 41 42 43. 48. Circumspecte agatis 13 E. 1. commonly called a Statute though 19 E. 3. Fitz. Iurisdiction 28. it be adjudged none The Statute upon the Writ of Consultation 24 Ed. 1. The confirmation of the Charters of the Liberties of England 25 E. 3. c. 4. 6. The Statute concerning certain Liberties granted to the Commons The Statute of Carlisle 25. E. 1. See Cookes 5. Report of the Kings Ecclesiasticall Law f. 13. 34. E. 1. c. 6. In King Edward the seconds dayes I meet with the Statute of Aâ—ticuli Cleri 19 E. 2. which wholly concernes the Clergy their Courts Tythes Rights The Statute de Prerogativa Regis c. 1. 8. 10. 14 15. and Articles against the Kings Prohibition In King Edward the third his Regency I finde very many Statutes concerning the Clergie and all kinde of Church affaires as namely 1 E. 3. Stat 2. c. 10 11. 4 E. 3. c. 6. 5 E. 3. c. 2. 9 E. 3. Stat. 2. c. 1. 14 E. 3. stat 1. c. 1. 17. and stat 3 made for the Clergy the Prologue and c. 1 2 3 4 5. 15 E. 3. stat 1. c. 1. 6. Parl. 3. c. 6. 18 E. 3. stat 3. for the Clergie c. 1 2 3 4 5 6 7. 23 E. 3. c. 8. 25 E. 3. stat 3 for the Clergie c. 1 2 3 4 5 6 7 8. 25 E. 3. stat 6. of Provisions 27 E. 3. stat 1. c. 1. of Provisions 28 E. 3. c. 14. 31 E. 3. stat 1. c. 4. 11. 13 14. 36 E. 3. c. 8 concerning Priests Salaries c. 38 E. 3. stat 2. against provisors and Appeales to Rome c. 1 2 3 4 5. 45 E. 3. c. 3. 50 E. 3. c. 1. 4 5. To which I shall adde only this observation That the prologues to the statutes of 1 E. 3. stat 2. 2 E. 3 stat 3. 28 E. 3. 38 E. 3. stat 1. and 50 E. 3. with others begin thus To the honour of God and of HOLY CHVRCH and redresse of the oppressions of the people c. these ensuing Acts were made granted to testifie that even in those dayes our Parliaments first began with matters of God and the Church and settled them by Lawes as there was occasion and then proceeded to temporall matters and grievances the very Statute of Magna Charta having the same prologue wherein you may discerne this method pursued and in most subsequent Parliaments I shall adde to these printed Acts 6 E. 3. num 5. prohibiting Bishops to meddle in matters of the peace 45 E. 3. num 15. removing Bishops from all temporall Offices 50 E. 3. num 99. 103. complaining against popish Cardinals 40 E. 3. num 7 8. a notable Record against the Popes claime to the Kingdome of England by vertue of K. Johns grant 17 E. 3. num 59 60. 18 E. 3. num 59 60. 38 E. 3. num 7. 50 E. 3. num 85. 87 88. complaining against yea restraining the Popes exactions and usurpations as the cause of all plagues 50 E. 3. num 46 47. complaining against the Canons of the Clergy and 47 E. 3. num 24. against Ordinaries incroaching upon the civill Iurisdiction To proceed to King Richard the second the Statutes in the first yeare of his Raigne have this Preface Richard by the Grace of God c. Know that to the honour of God and reverence of holy Church for to nourish peace unity and concord in all the parts of the Realme c. We have ordained and established certain Statutes c. First it is agreed and established that holy Church shall haue and enjoy all her rights liberties and franchises wholly and without blemish c. The confirmation of Magna Charta with other temporall Laws next follow then c. 13 14 15. three Lawes for paying of Tythes and freeing Clergymen from arrests during their exercising of divine Service The second Parliament in â— Rich. 2. hath the like prologue To the honour of God and holy Church cap. 1 confirmes the franchises liberties of the Church 3. R. 2. C. 1 doth the like c. 3. is a Statute against Provisions from Rome to avoyd Nonresidency to provide for instruction of the people by preaching and reforme many abuses in the Church occasioned by provisions made at the complaints clamors and divers Petitions of the Kings Leige people delivered in divers Parliaments to reforme these abuses 5. R. 2. cap. 1. hath the like preface c. 1. confirmes the Churches liberties 5. R. 32. Parl. 2. c. 5. Is a Statute made at the Clergies motion to suppresse haresies and Errors contrary to the Christian faith and to imprison haeretickes and erronious Preachers till they justifie themselves according to the Law and reason of holy Church 6 Rich. 2. Stat. 1. hath the like prologue and c. 1. Ordaines and accords that our holy Mother the Church of England have all her Liberties whole and unhurt and the same fully enjoy and use 7 Rich. 2. hath the same prologue c. 8. the like confirmation of the Churches priviledges and c. 12. prohibits Provisions from Rome 8 Rich. 2. hath the like preface and enacts in the first chapter That holy Church have all her liberties 9. R. 2. c 4. 5. concerns Ordinaries Priors dative and perpetuall and Preists 10. R. 2. c. 1. saves pontificall dignity and priviledge of holy Church and cleares all in all things aforesaid 11. R. 2. c. 3. declares that Bishops ought not to be present or voting in Parliament in matters of blood 1. 2. R. 2. c. 1. confirmes the Churches liberties Chap. 7. exempts pilgrimes from the punishments of Vagrants and c. 15. prohibits Provisions from any forraign power 13. R. 2. recites That the acts therein passed were to the honour of God and holy Church c. and c. 13. prohibits hunting on holy-dayes and Priests to keepe Dogs who have not livings to a certaine value c. 18 concernes the Bishop and Deane of Lincolne and c. 29. Pilgrimes 13. R. 2. Parl. 2. c. 23. provides for the election of Bishops and all other ecclesiasticall
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.
then if they will not bee reclaimed Fiat Iustitia better some should suffer than all perish My onely desire is that Your Honours would have a speciall jealous care of preserving your owne undoubted Parliamentary Rights and Priviledges against these unparalleld publike Violations Impeachments of them and of the tranquility safety of our Church and State endangered by them Toward the just defence whereof I have with as much expedition as my many other distracting publike and private Imployments would permit contributed these my indigested Nocturnall Lucubrations borrowed from the houres allotted to my necessary naturall rest in Vindication of the ancient and undoubted Ecclesiasticall Power and Iurisdiction of Parliaments Christian Princes and Magistrates which I have made good by sundry Divine Historicall Presidents and Authorities in all Ages and answered all the chiefe Pretences Objections of Papists Prelates Independents Anabaptists Separatists and all others who oppugne them in such a manner as I hope will silence them for the present and reforme them for the future It was my primitive intention and desire to have published this Treatise complete at first but it swelling to a greater bulk than I expected and my engagements in other publike services for the Common-weale retarding my speedy progresse herein I have thereupon divided it into two Parts the First whereof I here humbly tender to your Honourable Patronage till God and oportunity enable mee to complete the Second of which there is lesse Necessity since learned Mr. Samuel Rutherford in his Due right of Presbyteries and Mr. Thomas Edwards in his Anti-Apologia neither of them hitherto Answered by the Independents and in truth unanswerable with Gulielmus Apollonius and the Wallacrian Ministers Consideratio Quarundam Controversiarum c. quae in Angliae Regno hodie agitantur newly published will supply the present defect thereof and this First Part supply some particulars concerning the Ecclesiasticall Power of Parliaments Christian Princes Magistrates Councells which are wanting in them and in laborious Sir Edward Cookes Fourth Institutes who hath recorded little or nothing concerning the Jurisdiction or Power of Parliaments in Ecclesiasticall affaires and matters of Religion Thus humbly submitting these my distracted subitane Collections and Lucubrations to Your Honourable favourable Acceptation and imploring the God of Verity of Unity speedily to dissipate all our Errors and comprimise all our unhappy Divisions which threaten ruine to us if continued by Your most Religious Care Wisedome and indefatigable Endeavours that so wee may bee all like minded one towards another and may with ONE MIND and ONE MOVTH in one Way one Congregation glorifie God even the Father of our Lord Jesus Christ I shall with my ferventest Orisons daily recommend Your Honourable Assembly with all Your pious Endeavours for the Reforming Setling of our Church State to his Divine Benediction and ever rest Your Honours most humble devoted Servant William Prynne To the Reader CHristian Reader I here present thee with Truth Triumphing over Falshood Antiquity over Novelty to settle both thy Judgement and Practice in these unsetled times wherein the very Foundations of Parliaments States Churches Government are shaken and subverted by some of our owne dear Friends from whom wee least expected it For my part I take no pleasure in detecting my Brethrens nakednesse Errors Over-sights nor in disparaging their Worth or Writings yet I must needs acquaint thee for thine owne good to preserve thee from seducement with some materiall Observations touching their Independent Treatises for which thou maist chance to give me thanks First That they all generally take that for granted which they should prove and demonstrate to us viz. That there is an exact and most absolute forme of Church-Government prescribed to all Churches in the Scripture from which no man must vary in the least title And that the Independent Way it is and no other But when wee demand of them how they prove it or what that Way Government and Discipline is they contend for or in what plaine Scripture Texts they find it instituted and universally prescribed to all Nations Churches or how they make good all their transcendent Encomiums of their New Way wee find them altogether silent or unsatisfactory telling us onely a large story of the Patterne of the Tabernacle shewed to Moses in the Mount of the exact forme of the Temple shewed to David by the Spirit and of Ezekiels vision and his and the Angels measuring of the Temple Which are nothing to the point and meere impertinencies fit to delude the ignorant injudicious vulgar who take their weake inferences thence for divine Oracles Secondly That they are extraordinary bold confident peremptory copious in their affirmations and positions concerning their Way but very poore lame impotent deficient in their proofes thereof You must take their bare Assertions for undeniable Arguments Proofes Thirdly That their whole Independent Fabricke is built either upon false Principles As that every Church is a complete absolute independent body of it selfe subject onely unto Christ That no humane Power upon earth hath any Right or Authority to prescribe any Rules or Orders to any particular Congregation That just humane Lawes binde not the Conscience in point of obedience and the like Or else upon false or absurd Inferences from true Principles As that Christ is the King Lord Head and Law-giver of his Church Ergo No man or humane Power may make Lawes or Canons to regulate and order it or any thing in it but Christ alone Fourthly That to maintaine their New Way of Government they are enforced to deny the undoubted Power and Jurisdiction of Parliaments Councells Synods Kings and Civill Magistrates in Ecclesiasticall affaires and to maintaine such Paradoxes Passages against their lawfull Authority as if duly pondered may justly induce all Wel-affected persons to mistrust and abhorre their Way as Anarchicall and destructive to all Christian and humane Society Fifthly That they are constrained publikely to deny that there is any Nationall Church under the New Testament though they acknowledge one in the Old Upon which ground they must of necessity likewise deny one Article of the Creed That there is a Catholike Church and themselves members of it or of the Nationall Church of England They pluck up the bounds and orderly distribution of all Parish Churches absolutely necessary to avoyd confusion to provide competent maintenance for Ministers to bring all to frequent the publike Ordinances Warranted by Scripture wherein wee read not onely of distinct Synagogues and Tribes under the Law but Churches under the Gospel Approved by the practice of all Christian Churches ever since there were Christian Emperors Princes and as necessary as distinct Families Villages Cities Societies of men in civill respects yea observed in New-England it selfe though now disliked in Old and thereby bring in meere Ataxy and Confusion among us Sixthly They are constrained to wrest Scriptures against their meaning to invent many strange Apocryphall new shifts Interpretations Distinctions to evade
of Canterbury in their and every of their distinct Courts and in the order and manner of their and every of their proceedings and by all other persons within this Realme as far as lawfully being members of the Church it may concerne them And further to conferre debate treat consider consult and agree of and upon such other points matters causes and things as we from time to time shall deliver or cause to be delivered unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation in writing under Our Signe Manuell or privie Signet to be debated concluded consulted and concluded upon the sayd Statute or any other Statute Act of Parliament Proclamation Provision or restraint heretofore had made provided or set forth or any other cause matter or thing whatsoever to the contrary notwithstanding And we do also by these Presents give and grant unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation and to the rest of the Bishops of the said Province of Canterbury and to all Deanes of Cathedrall Churches Archdeacons Chapter and Colledges and the whole Clergy of every severall Diocesse within the said Province full free and lawfull liberty licence power and authority That they the sayd Lord Archbishop of Canterbury President of the sayd Convocation and the rest of the sayd Bishops and other the Clergie of the same Province or the greater number of them whereof the sayd President of the sayd Convocation to be one all and every the sayd Canons Orders Ordinances Constitutions matters Causes and things so by them from time to time conferred treated debated considered concluded and agreed upon shall and may set down in writing in such forme as heretofore hath been accustomed and the same so set down in writing to exhibite and deliver or cause to be exhibited and delivered unto Us to the end that we upon mature consideration by us to be taken thereupon may allow approve confirme and ratifie or otherwise disallow annihilate and make voyd such and so many of the sayd Canons Orders Ordinances Constitutions matters causes and things so to be by force of these Presents considered consulted and agreed upon as wee shall thinke fit requisite and convenient Provided alwayes that the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be considered consulted or agreed upon as aforesaid be not contrary or repugnant to the Liturgy established or the Rubrick in it or the nine and thirty Articles or the Doctrine Orders and Ceremonies of the Church of England already established Provided also and our expresse will and commandement is That the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be by force of these presents considered consulted or agreed upon shall not be of any force effect or validity in the Law but only such and so many of them and after such time as we by our Letters Patents under our great Seale of England shall allow approve and confirme the same any thing before in these presents contained to the contrary thereof in any wise notwithstanding c. In witnesse whereof We have caused these our Letters to be made Patents Witnesse Our selfe at Westminster the twelfth day of May in the sixteenth yeare of our Reigne Per Regem Ipsum Willys To which I shall adde the Kings further Warrant for making a particular Canon and Oath in the late Convocation Charles R. MOst reverend Father in God right trusty and right entirely beloved Councellour Right reverend Fathers in God right trust and well-beloved and trusty and well-beloved We great you well Whereas We out of our meere grace and favour and for the good and peace of the Church have granted to you our Arch-Bishop of Canterbury free leave and licence under our great Seale of England bearing date the twelfth of this instant May to propose treat and conclude upon all such necessary Articles and Canons which you shall finde fit to be ordered for the peace and government of this Church Provided that you shall thereby have no power to meddle with nor alter any thing ratified and confirmed by Act of Parliament And whereas we have further in that Licence which we have granted unto you reserved power to our selfe to command you to propose treat and determine of any such thing or things as we shall recommend unto you under our Signe Manuall or Signet These are therefore to will and require you to propose treat and conclude upon such a Canon as may secure us and all our loving subjects against all growth and encrease of Popery in this our Kingdom as also of any hereticall or schismaticall opinions to the prejudice of the doctrine or discipline of this Church of England established by Law And that in this case you agree upon some Oath to be taken by your selves and all the Clergie respectively and by all which shall hereafter take upon them holy Orders that they shall adhere constantly to the doctrine and discipline here established and never give way for so much as can any way concerne them to any innovation or alteration thereof And when you have made this Canon and inserted this Oath we require you to present it to us that we may advise upon it and if upon mature consultation we approve it we shall confirme it and then give you power under our great Seale both to take the said Oath your selves and to administer it to all such as the Canon appoints Given under our Signet at our Court at White-hall the seventeenth day of May in the sixteenth yeere of our Reigne To the most Reverend Father in God our right trusty and right entirely beloved Councellour the Lord Arch-bishop of Canterbury Primate and Metropolitane of all England To the right Reverend Fathers in God our right trusty and well-beloved the Lords Bishops and to our trusty and well-beloved the rest of the Clergie now assembled in Convocation 3 ly by the Kings letters Patents for Confirmation of those Canons after they were made presented to be confirmed by him In the first canon whereof they thus truly resolve That a supream Power is given to this most excellent Order of Kings by God himself in the Scriptures which is That Kings should rule and command in their severall dominions all persons of what rank or estate soever whether Ecclesiasticall or Civill and that they should restrain and punish with the temporall sword all stubborn and wicked doers The care of Gods Church is so committed to Kings in the Scripture that they are commended when the Church keeps the right way and taxed when it runs amisse and therefore her government belongs in chief unto Kings For otherwise one man would be commended for anothers care and taxed but for anothers negligence which is not Gods way The power to call and dissolve Councels both nationall and provincial is the true right of all Christian Kings within their own Realms or Territories
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
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
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
Elders Members Ordinances Prayers preaching Sacraments reading of the Word maintenance and the like of its owne within it selfe yetso as not simply to exclude all others from preaching or communicating with them when there is occasion and in this regard the definition of a Church given in out Homilies and by others That it is a company of men outwardly professing the faith of Christ wherein the Word of God is syncerely preached and the Sacraments duly administred belongs unto it But yet it followes not hereupon that it is either an absolute or Independent Church or a compleate body in all respects exempt from all superior jurisdiction but a dependent subordinate Congregation and a meere Member in respect of the Nationall Provinciall or Catholike Church For as every private person familie Corpotion Society City considered in themselves are compleate perfect men bodies Societies c. but in relation to the Families Kingdoms Cities Republikes wherin they are meete dependent subordinate parts Members of the whole common body to whose just Laws commands they are all equally subject or as every particular persons families or corporations interests in their owne persons liberties lands estates Children servants is good and absolute against all other private persons or corporations who have no power to deprive them of them but yet subordinate to the publike interest and power of the whole kingdom Paâ—â—ia who may command or dispose of them upon all just occasions for the safety and service of that common bodywhere of they are all Members which may give Laws of common right to all and deprive them of all private interests priviledges for the publike good Salus populâ— being Suprema lex to which all Privadoes must submit So it is with every particular Christian Congregation As a private Christian or Church they have a private compleatnesse absolutenesse and Ordinances within themselves of which no other particular Christian or Church can deprive them not judicially question them for But yet this private Christian as a Member of a Congregation and this particular Congregation as a Member of the Nationall and Catholik Church of Christ are neither absolute not independent but subordinate to the other Churches Synodically assembled to the supreame Councell of Parliament the representative Church and State of England who may prescribe Laws unto them and to the Civil Magistrate who may both censure correct them to For example if any particular Congregation or any Pastor or Member of it shall abuse or exceed their private power to the oppression of any of theâ—â— owne Members or injury of their neighbour Churches as by separating from their communion without just cause erecting a new private forme of Church-Government or Discipline in opposition to other Churches of the same or other Realms without publike authority to the engendring of schiâ—mes or broach any hereticall seditious Erronious Doctrines as some now do set up Idolatry supersition innovations or falfe worship abuse or prophane the Sacraments become licencious vitious or scandalous in their lives injure their owne Members without giving them satisfaction or reliefe entertaine all sorts of Sectaries deny communion in Sacraments or other Ordinances with the Members of their neighbour Churches who desire it upon just occasions debarre any of their Members from the Lords Supper or their Children from Baptisme without just cause be unable to resolve doubts and controversies in Religion betweene Minister and people or Members or to judge of doubtfull cases Vsuâ—pe more power then is meet to the impeaching of the Magistrates Authority wants meanes to raise monyes to provide an able Minister or defray their necessary Church expences or invades the Rights of other Neighbour Churches or refuseth obedience to such publike Ecclesiassticall Lawes which tend to the peace and unity of the whole Nationall Church In all these cases and others which concerne the Nationall or whol Catholike Church in general or other neighbouring Churches in particular no particular Church is an absolute or Independent body of it self but only a subordinate Member Subject to the Lawes Ordinances Determinations censures of the whole Church of that Nation combined in Parliament and to Nationall Provinciall Synods and Presbyteries established by common consent in Parliament as well as every Member of a Family City Society Kingdom Army or Realm is subordinate to the whol Family City Army Realm which no reasonable creature or Consciencious person can or dares deny Secondly I answer That this very argument is a most dangerous seditious Parâ—dox destructive to all Republikes and Societies of men A Cockatrice fit to be crushed in the shell ere it prove a devouring Serpent to Church and State as you may discerne by these instances in my Brothers way of arguing For may not any Independent Company 〈◊〉 Regiment or Brigade in our Armies argue just in this very straine Every Company Troop Regiment Brigade is a compleate body of it selfe having an its owne necessary Officers and Commanders Therefore we will not joyne with or submit to the commands Orders Military Lawes or directions of my Lord Generall the councell of Warre or any superior Officer but bee ruled commanded only by our selves and and the Parliaments own immediate commands to which we are onely subject Any Independent Family Streete parish Company or Ward only in the City argue thus we are an absolute compleate body family street parish company Ward within our selves Therefore we will not wee may not be governed directed commanded or censured by my Lord Major the Court of Aldermen or Common Councell but only by and within our selves Any Independent child servant Wife or Member of any such Congregation alleage I am an absolute Man Woman Christian of my selfe Therefore I may not I will not be commanded governed overruled obliged corrected by my Parents Master Husband or that Congregation of which I am a Member but only by my selfe Any independent County City Committee or Court of Justice argue Wee are a compleate County City Committee Court in and of our selves Ergo Wee neither will nor must submit to any Lawes or Ordinances of the high Court of Parliament Yea every Colledge in our Vniversities dispute thus We are a compleate Colledge and corporation within our selves Ergo the Chancellor Vicechancellor Convocation Congregation and whole Vniversity have no Authority to controle judge or order us Brother if such Arguments as these should be once admitted as they now begin to grow very rise in all places I referre to your saddest thoughts what will become of all our Armies Parishes Cities Churches Families Parliaments Kingdome in a short space Will they not all be dissipated dissolved in a moment and nought but a Chaos of confusion disobedience Schisme Anarchy and disorder cover their faces I beseech you therefore consider and retract this new monstrous Logick and Divinity which cuts in sunder all relations and subverts the very pillars foundations of all Government Order Peace Vnity both in Church and State But my Brother Objects 3.
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.