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
' 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
it as he thought meet as the beginning and end of every action of that Councell manifests Praesidente eodem piissimo Christo dilecto magno Imperatore Constantino Constantinus piissimus Imperator dixit sufficit c. being frequent in it and many of his temporall Lords and Officers sate there as Iudges with him The seventh generall Idolatrous Councell of Nice was likewise regulated directed by the Letters of Constantine and Irene by Petronius the Proconsul Theophilus an Earle of the Emperours retinue and by Iohn his royall Porter and treasurer of his Army with other Senators who sate as chiefe Moderators in that Councell The eighth generall Councell was prescribed and directed how to proceed and what to treat of by the Emperour Basilius who caused his Princes Nobles to sit in that Councell as principall directors whose judgement the Popes Legates themselves in that Councell demanded himselfe sitting sometimes in person therein as chiefe President As all these generall Councels were thus regulated and directed by those Emperours that summoned them and debated concluded nothing but by their speciall license and direction so all other forecited Nationall and Provinciall Councels were likewise limited and directed by those Emperours and Kings that called them as the fore-alleaged quotations evidence at large to such as will peruse them many of these Emperours or their temporall deputies sitting personally in them as chiefe Presidents and Moderators The Bishops in the first Councell of Orleance Anno 500 write thus to King Clodoveus who summoned them Al the Priests which ye have summoned to the Councell and commanded to meet together to treat of necessary things secundum vestrae voluntatis consultationem ET TITULOS QVOS DEDISTIS according to the consultation of your pleasure and the Titles You have given us to consult of we have deferred those things which seeme meet to us so as if those things which we have concluded may likewise be approved to be right by your judgment the consent of so great a King and of a greater Lord may by his sentence and authority confirme the sentence of so many Clergy-men to be observed Lo here the King prescribes this Councell particularly in writing what Articles they should treat of In the severall Councell of Basil Florence Lateran Constans Sennes and Trent summoned by the Popes usurped authority the Emperours Kings Dukes and Princes who sent any Bishops to those Councels had their Embassadours and Agents though Lay-men present at them swaying and directing them as they thought meet though in some of them the Popes faction bare the greatest stroke as the severall Acts of these Councels testifie some of which made choice of those Princes for their Protectors against the Popes Tyrannie and usurpations which they limited decreeing a Councell to be above the Pope and he to be bound by its determinations as well as others some Popes being accused convented and deprived by them though they summoned them or rather were enforced to call them by the Emperours and other Princes against their wills To conclude with forraigne presidents the late famous Synod of Dort Anno 1618. was summoned by the Estates of the Netherlands who enacted certaine Lawes and prescribed Articles to the Synod according to which they should proceed appointing likewise divers Lay-men to sit in that Councel as their Delegates commanding and enjoining them and every of them in their name and in their authority to open the Synod and in all and singular Sessions and Actions to be present in their name so to compose and order all things with their prudence counsell and moderation which belonged to their inspection and care according to those speciall instructions they had given them and the Articles they had framed for the ordering and holding of that Synod which had power to treat of order or determine nothing but what they had commission and licence from the States In few words the famous Lawyer William Ranchin though a Papist resolves and proves at large in his Review of the Councell of Trent l. 3. c. 10. That it belongs to Emperours and Kings to prescribe not onely the place time beginning and ending but the very forme of Councels proceedings both in respect of persons matters to be debated and all other circumstances As for Lay-mens presence presidencie and Votes in Councels to give a little satisfaction herein in this Section it is evident by the fore-cited Texts in the old Testament and by Presidents in the New as Acts 6. 1. to 8. c. 15. 4. 9. 22. to 30. c. 16 4. c. 21. 22. That Lay-men were not onely present but had Votes and consents in the first Apostolicall Councels In the Councell of Ephesus Candidianus a Noble-man was appointed by the Emperour to hold the Fathers there assembled to the points proposed and to keepe every man in order giving the chief directions therein In the French Synod under Childerick and Charleman Anno 742. In the Synod of Soissons Anno 744. of Wormes Anno 787. of Meaux Anno 845. of Pistis Anno 863. of Tribur under King Arnulph of Paris under Philip Augustus An. 1179 and 1184. of Vezelay under Lawes the young of Paris under Philip the faire called against Boniface the 8. of Bourges under Charles the seventh which made the pragmatick sanction of Toledo 6. 8. 12. of Rome under Otho the first of Wormes under Henry the third in the Councell held in the South part of England An. 903. under King Edward and Raymond in the Councell of London under King Stephen An. 1150. these severall Kings together with their Barons Nobles and other Lay-men were present in all these Synods Councells as well as Clergie-men or Prelates and gave consenting confirming Votes to things debated concluded in them these Synods being in truth meere Parliaments as I shall hereafter manifest In the Councell of Constance there were present not onely the Emperour but divers Embassadours Nobles and Lay-men of great quality and condition to wit 24 Dukes 140 Earles divers Delegates of Cities and Corporations divers learned Lawyers and Burgesses of Vniversities who were not debarred from voices and power of deliberating therein In the first Councell of pisa there were present to the number of 400 Lay-men of note delegates of Cities Vniversities States Princes and Doctors of Law who not only deposed two Anti-popes and elected a third true Pope but likewise treated of points of Divinity and made many good ordinances for the Church of God In the second Councell of Pisa there were many such Delegates Doctors of Law and Lay-men well skilled in divine and humane matters In the first Councell of Nice there were present writes Socrates many very learned Lay-men and well skilled in disputation who puzzled great Philosophers in matters of dispute In the generall Councell at Reimes holden by Pope Eugenius the third there were a great company of Nobles as well as Bishops
in this point let him consult William Ranchin his Review of the Councell of Trent who is copious and zealous in this point though a Papist Bishop Jewels Defence of the Apologie part 6. cap. 12. 13 14. 15. and the ensuing Sections But to returne to the point proposed As in the forecited Councels abroad so in our Councels Synods and Convocations at home as our Kings and their Nobles were usually present and president as I shall shew hereafter so the Prelates could debate propound and conclude nothing without their privity and licence Hence Eadmerus records of King William the Conquerour that all divine and humane things did expect his approbation for he would not suffer any man living within any of his Dominions to receive the Bishop of Rome as Apostolicall unlesse he commanded him nor yet to accept his Letters upon any termes if they had not been first shewed to him Yea he did not suffer the Primate of his Kingdome to wit the Arch-bishop of Canterbury or Dover if he sate President in a generall Councell of Bishops gathered together to decree or prohibit any thing but those things which were sutable to his will and had been first ordained by himselfe William Rufus his sonne tooke the same jurisdiction on him and challenged it as part of his Prerogative Royall For when as Anselme Arch-bishop of Canterbury moved him to command if he pleased Councels to be renued according to the ancient use because there had not been a generall Councell of Bishops in England since his comming to the Crowne not in many yeares before he gave him this reply When I shall thinke fit I will do something concerning these things not at thine but my owne pleasure But of this I shall thinke some other time and adds by way of scoffe but thou whence speakest thou in a Councell After this the King demanded of him from what Pope he would receive his Pall he answered from Urbane which the King hearing replyed That he had not yet taken him for Apostolicall neither had it been the Custome in his or his Fathers time that any one should name a Pope in the Kingdome of England without or besides his license or election and whosoever would wrest from him the power of this dignity should do all one as if he had endeavoured to take his Crown from him If therefore thou recivest the same Vrban or aeny other for Pope in my Kingdome or holdest him being received thou doest against the faith and allegiance which thou owest to me neither dost thou offend mee lesse in this than if thou shouldest endeavour to take my Crown from me Wherefore know that thou shalt have no share or portion in my Kingdome if I shall not see thee by open assertions to deny all subjection and obedience to Vrban at my desire Which he refusing to doe the Bishops and Noblemen sent to him from the King told him Thaâ— the whole Kingdome complained against him that he endeavoured to take away from their common Lord the dignity of his Empire and his Crowne For whosoever deprives him of the customes of his Royall dignity takes away his Crown and Kingdome together with it for one cannot be decently enjoyed without the other So little power had the Pope or Prelates here in England in those times Anno 1234. there was a Councell held at Glocester to which the King sent this Mandate Mandatum est omnibus Episcopis qui conventuri sunt apud Gloucestriam die Sabbati in chrastino Sanctae Catharinae firmiter inhibendo quod sicut Baronias sua quas do lege tenent diligunt nullo modo praesumant Concilium tenere de aliquibus quae ad coronam Regis pertinent vel quae personam Regis vel statum suum vel statum Concilii sui contingunt scituri pro certò quod si fecerint Rex inde se capiet ad Baronias suas Teste Rege apud Hereford 23. Novembris c. Anno 1237. in the Councel held at London under Otho the Popes Legate the King sent the Earle of Lincolne with others to the Legate sitting in Councell with an Inhibition in the Kings name to determine of nothing against the Crowne and Dignity Ut dicto Legato writes Matthew Paris ex parte Regis Regni inhiberent ne ibi contra Regiam coronam dignitatem aliquid statuere attemptaret and William de Reel one of the Messengers remained in the Convocation house to see this Inhibition observed clothed in a Canonicall Cap and Surplis the others departing thence So in 26. Hen. 3. rot 21. 9. E. 1. rot 2. 11. E. 2. rot 10 18. E. 3. rot 21. in the Tower and in many other Records I finde a generall Prohibition usually directed to the Convocation the Prelates and Clergie therein such loyall subjects usually were they Ne quid attemptarent contra jus Regium Ne quid statuant contra Regem in Concilio suo Ne aliquid tentetur contra Coronam Regis in congreganâ—ione Cleri c. the King confining them of what to treat and conclude of what not to entermeddle without his speciall license Not to mention That our Kings have frequently prescribed the Convocation what Subsidies they should grant and how they have handled them in case they refused to grant them The Statute of 25. H. 8. c. 19. Records ` That the Clergie of the Realm of England submitting themselves to the Kings Majesty then promised in verbo Sacerdotii that they would never from thenceforth presume to attempt alleadge claime or put in ure or enact promulge or execute any new Canons Constitutions Ordinance provinciall or other by whatsoever other name they shall be called in the Convocation unlesse the Kings most Royall assent and Licence may to them he had to make promulge and execute the same and that His Majesty doe give His most Royall assent and authority in that behalfe And thereupon enacts according to the sayd submission and petition of the Clergie that they assembled together in Convocation ne any of them to wit in their severall Visitations Synods Constitutions Chapters from henceforth Shall presume to alleadge claime or put in ure any Constitutions or Ordinances provinciall or Synodals or any other Canons nor shall Enact Promulge or execute any such Canons Constitutions or Ordinance provinciall by what name or names they may be called in Convocation for time to come unlesse the sayd Clergy may have the Kings most Royall assent and licence to make promulge and execute such Canons Constitutions and Ordinances provinciall or Synodall upon pain of every one of the said Clergy doing the contrary to this being thereof Convict to suffer imprisonment and make fine at the Kings will Hence the whole Clergy of England in their Booke entituled The Institution of a Christian man dedicated to K. Henry the eight Anno 1543. subscribed with all their names in a Convocation Chapter of Orders acknowledge this sovereign jurisdiction of the Prince
over them both in and out of Synods After this in the very height of Popery and the revivall of it in England in the first year of Queen Mary a Parliament and Convocation being summoned to re-establish Popery the Queen her selfe appointed and commanded a publike Disputation to be held at Pauls Church in London in the Convocation house about the matter of the Sacrament which was accordingly held and continued six whole dayes many Earles Lords knights Gentlemen and divers of the Parliament Court and City being present at it to the end that they might constitute Laws of the matters of Religion debated which the Queen and Parliament might ratifie The Disputation being ended The Queen sent a Writ to Bonner Bishop of London to dissolve the Convocation which was done accordingly So that this Convocation did nothing in matter of doctrine or discipline even in these times of Popery but what the Queen did first direct and limit them Queen Mary deceasing and Queen Elizabeth a Protestant Princesse succeeding her called a Parliament and Convocation to suppresse Popery and re-establish the Protestant true Religion To effect which with more facility this pious Queen having heard of the diversity of opinions in maters of Religion among sundry of her loving Subjects and being very desirous to have the same reduced to some godly and christian concord by the advice of the Lords and others of the Privy Councell as well for the satisfaction of persons doubtfull as also for the knowledge of the very truth in certain matters of difference commanded a convenient chosen number of the best learned of either part to conferre together their opinions and reasons concerning three particular points that should be prescribed to them thereby to come to some good and charitable agreement with all convenient speed Hereupon nine of the learnedst Papists were chosen on the one side and nine of the ablest Protestants on the other to debate these three Propositions prescribed to them in writing 1. It is against the word of God and the custome of the ancient Church to use a tongue unknown to the people in common Prayer and the administration of the Sacraments 2. Every Church hath authority to appoint take away and change Ceremonies and Ecclesiasticall Rites so the same be to edification 3. It cannot be proved by the word of God that there is in the Masse offered up a sacrifice propitiatory for the quick and the dead It was further resolved by the Queens Majesty that the conference on both parties should be in writing for avoiding much altercation of words that both sides should declare their minds opinions and reasons in writing and at the same day deliver them mutually one to the other to be considered and to return their answers thereto in writing by a certaine day Immediately herupon divers Nobles and States of the Realme understanding that such a meeting and conference should be in certain matters whereupon In the Court of Parliament consequently following some Lawes might be grounded they made earnest request to her Majesty that the parties of this conference might be ordered to put and read their Assertions in the English tongue and that in the presence of them of the Nobility and of The Parliament House for the better satisfaction and ordering of their owne judgements to treat and conclude of such Lawes as might depend hereupon This also being thought very reasonable was signified to both parties and so fully agreed upon and the day appointed for the first meeting to bee the Friday in the afternoone being the last of March at Westminster Church At which day and place both for good order and for honor of the Conference By the Queens Maiesties Commandement the Lords and others of the privie Councell were present and a great part of the Nobility also The Lord Keeper and the rest of the Lords bearing chiefe sway in ordering this conference as you may read at large in Master Fox in the second dayes discourse In this Conference I shall onely observe two passages of the Protestant party The first is the begining of their Prologue to their written Conference in these words For as much as it is thought good to the Queens most Excellent Majesty unto whom in the Lord all obedience is due that we should declare our Iudgement in writing upon certain Propositians We as becometh us to do herein most gladly obey The next is their third observation from the law of Justinian the Emperor commanding all Bishops and Priests to celebrate the holy oblation and prayers in Baptisme with an audible voyce c. And let them know this that if they neglect any of these things the dreadfull judgement of the great God and our Saviour Jesus Christ shall fall upon you neither will wee when wee know it rest and leave it unrevenged viz. That this Emperour being a christian did not only make Constitutions of Ecclesiasticall matters but also threatneth revenge and sharp punishment to the violaters of the same Therefore they held he had an obliging power over his Subjects and a coersiveauthority vested in him to enforce obedience to his Lawes of which more hereafter As this was the practise of this blessed pious Queen in the begining of her Raigne to prescribe to her Clergy in Convocation what they should treat off and how So it continued in use and was punctually submitted to by all Convocations during her Raigne and that not onely as a matter of complement but of conscience religion and the established doctrine of the Church of England as you may read at large in Bishop Jewels Apology of the Church of England and in the Defence of his Apologie against Harding part 6. c. 9. to 16. p. 689. to 766. a learned full discourse to this purpose and in Bishop Bilsons true Difference between Christian Subjection unchristian Rebellion the second part to omit all others who have handled this subject in her Raigne It seemes therefore strange to me that this which was reputed the true doctrine of the emmineâ—test learnedest writers Reformers of this Church and of the Church of England it selfe from the begining to the end of her happy Raign and ever since should bee deemed meere Antichristian Diabolicall theomacall and meer Popish doctrine now when as the contrary opinion is really such Our late Soveraigne King James in his Letters Patents before the Ecclesiasticall Canons and Constitutions made in Convocation Aâ— 1603. recites that he called that Convocation by his Writ and that â—e did By severall Letters Patents under his Great Seale of England the one dated the 11. of April the other the 25. of Iune in the first year of his Raigne Give and grant full free and lawfull liberty power and Authority unto the sayd Clergy in their Convocation who without such a Patent and License could debate and conclude nothing else it had been vaine and superfluours To conferre Treat Debate Consider Consult and agree of and upon
such Canons Orders Ordinances and Constitutions as they shall thinke necessary fit and convenient for the honour and service of Almighty God and quiet of the Church and the better government therof c. And our present Soveraign King Charles in his Declaration printed before the 39. Articles of the Church of England made by the advise of so many of the Bishops as might conveniently be called twice printed by his speciall command An. 1628. resolves in these very words this point of his royall Prorogative derived from his Predecessors That We are supreame Governour of the Church of England and that If any difference arise about the externall policie concerning Iniunctions Canons or other Constitutions whatsoever thereto belonging the Clergy in their Convocation not the Bishops in their Consistories Visitations or high Commissions is to order and settle them having first obtained leave under Our broad Seale so to do and We approving their said Ordinances and Constitutions provided that none be made contrary to the Lawes and Customes of the Land What power our Kings have excercised in Convocations to direct and limit them in all their proceedings determinations Canons in former ages especially since 25. Hen. 8. c. 19. will appeare First by the forme of our Kings Writs for summoning a Convocation of which I shall give you onely one late president agreeing in forme and substance with all former Writs of this kinde CAROLVS Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Reverendissimo in Christo Patri ac fideli Conciliariâ— Nostro Gulielmo eadem gratia Cantur A chiepis totius Angliae Primati Metropolitano salutem Quibusdam arduis urgentibus negotiis Nos securitatem defensionem Ecclesiae Anglicanae ac pacem tranquilitatem bonum publicum Defensionem regni Nostri subditorum Nostrorum ejusdem concernentibus Vobis in fide dilectione quibus Nobis tenemini rogando mandamus quatenus remissis debito intuitu attentis ponderatis universos singulos Episcopos vestrae Provinciae ac Decanos Ecclesiarum Cathedralium nec non Archidiaconos Capitula Collegia totumque Cleâ—um cujuslibet diocesios ejusdem Provinciae ad comparendum coram vobis in Ecclesia Catholica sancti Pauli London decimoquarto die Aprilis proximè futuro vel alibi prout melius expedire videritis cum omni celeritate accommoda modo debito convocari facias ad tractandum consentiendum concludendum super premissis aliis quae tibi clarius exponentur tunc ibidem ex parte Nostra Et hoc sicut Nos Statum Regni Nostri ac honorem utilitatem Ecclesiae praedictae diligitis nulla tenus omittatis Teste meipso apud Westmonast vicesimo die Februarii Anno regni Nostri quintodecimo Secondly by the forme of the Kings royall License commonly granted to the Convocation before they may or can debate of any thing particularly the forme whereof you may discerne in this subjoyned directed to the last Convocation 1640. CHARLES By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas in and by one Act of Parliament made at Westminster in the five and twentieth year of the Raigne of King Henry the Eighth reciting That whereas the Kings humble and obedient Subjects the Clergie of this Realme of England had not onely knowledged according to the truth that the Convocation of the same Clergie were alwayes had bin and ought to bee assembled by the Kings Writ but also submitting themselves to the Kings Majesty had promised in verbo Sacerdotii that they would never from thenceforth presume to attempt alledge claime or put in uâ—e or enact promulge or execute any new Canons Constitutions Ordinances provinciall or other or by whatsoever other name they should bee called in the Convocation unlesse the said Kings most Royall assent and license might to them be had to make promulge and execute the same and that the said King did give his most Royall assent and authority in that behalfe It was therefore enacted by the authority of the sayd Parliament according to the said submission and Petition of the said Clergie amongst other things that they nor any of them from thenceforth should enact promulge or execute any such Canons Constitutions or Ordinances provinciall by whatsoever name or names they might be called in their Convocations in time comming which alwayes shall bee assembled by authority of the Kings Writ unlesse the same Clergie might have the Kings most Royall assent and license to make promulge and execute such Canons Constitutions and Ordinances provinciall or Synodall upon pain of every one of the said Clergie doing contrary to the said Act and being thereof convict to suffer imprisonment and make fine at the Kings will c. Know ye that We for divers urgent and waighty causes and considerations Vs thereunto especially moving of Our especiall Grace certaine knowledge and meere motion have by vertue of Our Prerogative Royall and supream authority in Causes Ecclesiasticall given and granted and by these presents do give and grant full free and lawfull liberty license power and authority unto the most Reverend Father in God William Lord Arch-Bishop of Canâ—terbury Primate of all England and Metropolitan President of this Convocation for the Province of Canterbury and to the rest of the Bishops of the same Province and to all Deans of Cathedrall Churches Archdeacons Chapters and Colledges and the whole Clergy of every severall Diocesse within the said Province that they or the greater number of them wherof the said President of the said Convocation to be alwayes one shall and may from time to time during our will and pleasure propose conferre treat debate consider consult and agree upon the exposition or alteration of any Canon or Canons now in force and of and upon such other new Canons Orders Ordinances and Constitutions as they the said Lord Arch-bishop of Canterbury President of the said Convocation and the rest of the said Bishops and other the Clergie of the same Province or the greater number of them wherof the sayd Lord Arch-bishop of Canterbury President of the said Convocation to be one shall thinke necessary fit and convenient for the honor and service of Almighty God the good and quiet of the Church and the better government thereof to be from time to time observed performed fulfilled and kept as well by the sayd Lord Arch-bishop of Canterbury the Bishops and their successors and the rest of the whole Clergy of the sayd Province of Canterbury in their severall callings offices Functions Ministeries degrees and administrations as also by all and every Deane of the Arches and other Iudges of the sayd Arch-bishops Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officialls Registers and all and every other Ecclesiasticall Officers and their inferiour ministers whatsoever of the same Province
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
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.
Canons of the Church in and by a Common Councell and Parliament as well of the Nobles and Commons as of the Prelates and Clergy as is evident by this passage in the Manuscript Tables of Robert Winchelsy Arch-Bishop of Canterbury WILLIELMUS Rex Angliae DE COMMUNI CONCILIO Archiepiscoporum Abbatum OMNIUM PROCERUM REGNI SUI Leges Episcopales quae non berè nec secundum Sanctorum Canonum praeceptae fuerunt sicut nec sunt his diebus OBSERV AND AS IN CONCUSSE JUDICAVERIT c. And by this his rescript to Remigius Bishop of Lincolne WILLIELMUS Gratia Dei c. Sciatis vos omnes caeteri mei fideles qui in Angliamanent quod Episcopales leges quae non berè nec secundum Sanctorum Canonum praecepta usque ad mea tempora in regno Anglorum fuerunt COMMUNI CONCILIO et consilio Archiepiscoporum meorum caeterorum Episcoporum Abbatum OMNIUM PRINCIPUM REGNI MEIEMEND AND AS JUDICAVI Proptereamando Regia authoritate praecipio ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus amplius in HUNDRET placita toneant c. In the Councell of Rhoan Anno 1073. William the Conqueror sate chiefe President And decreed many things as well touching Ecclesiasticall Affaires as the benefit of his new Kingdom of England Among other things it was there decreed Judicatum est praesidente Rege Anglorum Gulielmo writes Matthew Westminster the King himselfe being president that Monkes who by force assaulted their Abbotts as the Monkes of Andoem had assaulted and slaine their Abbot at that time whiles hee was saying Masse in any Abbies should there be thrust into prison for it which before it seemes they could not be This Councell was no other then a Parliament diverse temporall Lawes as well as Ecclesiasticall being enacted therein and both ratified approved by this King who as Eadmerus stories of him would not so much as suffer the Arch-Bishop of Canterbury Primate of all his Realme when hee sate President in a generall Councell of Bishops assembled together to decree or prohibite any thing but such things as were suitable to his will and had first been ordained by himselfe In the Councell of London under Lanfranks An. 1075. Concessum est Regia MUNIFICENTIA Synodali authoritate Episcopis de villis transire ad Civitates By the Kings Royall munificence and the authority of the Synod liberty was granted to Bishops to remove from the Villages wherein they resided unto Cities whereupon Herman Bishop of Schiroburne removed to Salisbury Stigand from Selescia removed to Chichester Peter from Litehfield removed to Chester the King ratifying the constitution of the Synod and ordering this removeall An. 1093. King William Rufus assembled a Councell of his Bishops Abbots and Nobility of the whole Kingdome that they might By their common assent determiue and discusse whether Anselme Archbishop of Canterbury could Keepe his faith to the King or not saving that faith reverence and obedience which he owed to the Apostolike See of Rome which he would by no means violate A weighty question surely of a loyall Prelate The Bishops Abbots and Nobility of the whole Kingdome almost Ex Regia Sanctione assembled at Rochingham Castle on the fifth day of March at one a Clocke in the afternoone to debate this businesse but the King commanded all things to be adjourned till the morrow Quia Dies Dominica erat because it was the Lords Day an unmeet time to discusse such a businesse as this was On the morrow in medio Procorum conglobatae multitudinis eos assistentem Monachorum Clericorum LAICORUM numerosam multitudinem sic loquitur c. Lo here the Nobles Commons as well as the Bishops Abbots and Clergie assembled in a Councell to wit a Parliament to determine a case of conscience and that at Anselms request This matter being long debated and Anselme continuing refractory the busines was defetâ—ed till after Whitsuntide In the Councell of London under Lanfranke summoned by King William Rufus Anno 1095. Vlstan Bishop of Worcester was deprived of his Bishopricke by the Kings sentence and verdict quasi homo idiota c. Ipso rege consentiente hoc dictante decernitur deponendus saith Matthew Paris the King sitting chiefe president in it In the Councell of London Anno 1102. under Anselme the King and his Nobles were present as well as the Bishops and Ahbots that whatsoever was therein decreed might be approved ratified and observed by the unanimous care and solicitud of both orders For soit was necessary A plain testimony that the Councells of England in antient times were no other but Parliaments and that their Canons ound not any unlesse confirmed by King and Parliament At this Councell write Wil. Malmesbury Eadmerus Anselme the Archbishop requesting it of the King Primates Regni the great men of the Kingdom were present quatenus quicquid ejusdem Concilii authoritate decerneretur VTRJVSQVE ORDINIS CONCORDI CVRA ET SOLJCITVDINE RATVM SERVARETVR SJC ENIM NECSSE ERAT quum multis retre annis Synodali cultura cessante viciorum vepribus succrescentibus Christiana religionis fervor in Anglia nimis reripeat which they thus preface out of Anselmes owne Copy and relation Anno 1102. quarto autem Praesulatus Paschalis Summi Pontificis tertio Regni Henrici gloriosi regis Anglorum ipso annuente celebratum est Concilium in ecclesia beati Petri in â—ccidentali parte juxta Londoniam sita communi consensu Episcoporum et Abbatum et Principum totius regni In this Councell held at Westminster therewere 26. Canons compiled some against Priests mariage and Wives which when Giraldns Archbishop of Yorks enjoyned his Clergie to observe all the Clergie of his Province refused to submit to them being unwilling to part with their Wives or to vow Chastity as some of those Canons enjoyned them to the execution whereof the great discord betweene the King and Anselme concerning the investitures of Bishops being an obstacle produced to this effect Necanones hujus Synodi legum vim ac potestatem sortirentur That those Canons should not obtaine the force and power of Lawes Anno. 1107. another Councell was held under Anselme in King Henry the first his owne Palace in which Councell The King assented and enacted that from thenceforth no man should be invested into any Bishoprick or Abbie of England by the King or any Layman by giving him a pastorall staffe or a Ring Proceres Regni the Peeres of the Realme writes Eadmerus were called to this Councell and the King assented to and ratified this Act Astante multitudine ac per Consilium Anselmi et Procerum Regni the Commons standing by him by the Councell of Aâ—selme and of the great men of the Realme This Councell then was a Parliament and this Canon assented to both by the Commons Peeres and King â—o make it valid Not long after this King
Henry the first summoned another Councell about Easter ad Curiam suam apud Londoniam cunctis Majoribus Regni having assembled to his Court at London not only his Archbishops and Bishops but all the great men of his Kingdome to suppresse the Marriages of Priests contrary to the Canons of the Councell of London Anno 1102. For the extirpation of which evill the King Regali authoritate atque potentia fultos roboravit by his royall Authority and power ratified those Canons and thereupon Anselmo Archbishop of Canterbury Thomas elect Archbishop of Yorke and all the Bishops of England Decreed in the presence of the said Glorious King Henry Assensu omnium Baronum suorum with the assent of all his Barons that Priests and Deacons should live chastly and keepe no Women in their Houses but those who were of their neare kindred as the Councell of Nice had defined this Canon being ratified both by the King and Peeres in Parliament to make it obligatory In these three Councells under Archbishop Anselme a great stickler for the Popes and Clergies Ecclesiasticall Jurisdiction we see the King and great men of the Realme were present and ratified the Decrees and Canons therein concluded to make them valid and binding Anno 1114 King Henry the first commanded all the Bishops and Nobles of the Kingdome to meete together at his Court whereupon a rumour was spred over all the Land that the Archbishop of Canterbury was about to celebrate a generall Councell in presence of the Popes Legate and that he would promulge some new things worthy so great a Councell for the reformation of Christian Religion in every order On the sixteenth of October they all met together in the Kings Pallace at Westminster where the multitude which assembled together at last perceived that the tumour of celebrating a Councell and of the reformation of Christianity was nothing so There Anselme in the behalfe of the Pope brought a letter directed from him to the King and Bishops wherein hee taxeth the King for conferring Bishopricks claiming that right as belonging to Peters See for determining Ecclesiasticall matters and the affaires of Bishops without his or his Legats privity which belong only to the Apostolike Sea for stopping appeales to Rome as also for calling and keeping Synodall Councells without his privity when as it was unanimously ratified in the great councell of Nice consisting of 318 Bishops that no Councells ought to be summoned or kept without the privity of the Bishop of Rome and for translating Bishops without his consent Which letters much offending the Kings mind he sent his Nuntioes by common consent to Rome to give the Pope an answer and justifie his proceedings herein as warranted by his Royall Prerogative The same yeare upon the thirteenth of Aprill there was an Assembly held at Salisbury of the Bishops Abbots and great men of all England the Kings Writ compelling them to appeare there where the King appointed William his sonne lawfully begotten to be heire to the Crowne to which all the Nobles condescended and presently tooke an oath of Allegeance to him to be his men But the Bishops and Abbotts swore only and gave their faith that if he survived his Father they would forthwith conferre both the Kingdome and Crowne of the Kingdome on him without any controversie or exception In August following one Anselm the Archbish of Canterburyes kinsman came from Rome to King Henry being then in Normandie bringing the Popes Letters which authorized him to exercise the Office of the Popes Legate here in England which in a short time being knowne in the Kingdome of England the Bishops Abbots and Nobles admiring at it assembled together at London about it and certaine other things the Queen being present to discusse the matter Communi Concilio in a common Councell whereupon they all accorded to send the Archbishop of Canterbury whom it most concerned to the King to acquaint him with the ancient custome of the Kingdome and the liberty thereof and if he thought fit that he should goe likewise to Rome to annihilate This Novelty Who comming accordingly to the King found Anselme there expecting his passage into England to exercise his Legatine office there But King Henry the first not suffering any prejudice to happen to the ancient Customes of England kept him from entring into England that not without presidents For in the first yeare of this Kings Raigne Guido Archbishop of Vienna came into England having as he said the power Legatine of all England by the precept and authoritie of the Apostolicall See which being heard of throughout England was admired by all men all knowing that it was a thing unheard of in Britaine that any man except the Archbishop of Canterbury should take upon him to supply the Popes Apostolicall turnes Wherefore as he came so he returned being received as a Legate by no man nor exercising the Office of a Legate in any thing After this one Peter having obtained from the Pope a power Legatine over England Ireland France and the Iland of the Orcades at the same hereof all England was astonished the King sent the Bishop of Saint Davids and another Clergie man beyond Sea to conduct him to him enjoyning them that after his entrance into England they should not suffer him to enter into any Churches or Monasteries to lodge or eate Being brought to the King and honourably received by him having declared the cause of his comming the King answered him that hee had now no leasure to minde so great a businesse and that his Legatine power could not be established and ratified but by the connivance and assent of the Bishops Abbots Nobles and the Assembly of the whole Kingdome in Parliament moreover hee affirmed that he could not by any meanes willingly loose any of the Customes of his Country granted him by the Apostolicall See so long 〈…〉 lived whereof this was one of the chiefest and greatest that hee made the kingdome of England free from all Legatine power Whereunto Peter affented and promised to doe his endeavour to have this priviledge preserved and augmented And so being gratified with rich presents Ille qui Legati officio fungi in toto Britania venerat nimirum ab omni officio tali cum ingenti Pompa vâ—a qua venerat extra Angliam a Rege missus est writes Eadmerus of him by way of derision So little jurisdiction had the Popes Legates here in England in those dayes who became an intollerable vexation oppression to it in succeeding Ages in the Reignes of King John Henry the third and others In the Councell of Westminster under Iohn de Crema the Popes lecherous Legate Ann. 1125. there were 17. Canons made ab omnibus confirmata and confirmed by all there present to wit by 20. Bishops 40. Abbots Cuminumera Cleri Populi multitudine with an innumerable multitude of the Clergie and people who were present at it as the Continuer
Cremensis on Victors part and by Gulielmus Papiensis on Alexanders side In conspectu Regum Praesulum coram universa quae convenerat multitudine cleri et opuli In the presence of the Kings and Prelats and before all the multitude of the Clergy and People there assembled where Papiensis pleaded Alexanders cause so well and answered retorted what ever the opposite partie had alleaged soe substantially Vt neuter ulterius Princeps cunctaretur repudiata parte Octaviani Dominum Alexandrum recipere et cum Regnis sibi subditis ei de caetero in ijs quae Dei sunt tanquam Patri parere The forenamed Schismatickes therefore departing with confusion and shame Our Princes and Prelates Principes et Pontifices having solemnly pronounced a sentence of excommunication against the Schismatickes dissolved the Synod Loe here both the Emperor the Kings of England and France with their Nobles as well as Prelates present in a severall Councells directing and determining this great controversie in them who was Peters rightfull successor ratefying and receiving him for Pope whom they conceived in their indifferent Judgments to have the best title yea the Laity had here their voyces as well as the Clergy consented to the decrees of both Councells So when there was a former Schisme between Clement Vrban concerning the Title of the Papacie VVilliam Rufus enquiring who had the best right commanded Vrban to be reputed Apostolicall and true Pope throughout his Dominions eique vice beati Petri IN CHRISTIANA RELIGIONE not in any temporall affaires obedire claiming this as a part of his prerogative royall that none should acknowledge or receive any man for Pope or Peters successor within his Kingdome but by his election and authority and him whom he should declare to be the man accounting him no lesse then a Traitor that should deprive him of this right which his Ancestors claimed and enjoyed An. 1170. at the request of King Hen the 2d two Cardinalls Albert and Theodine were sent into France from Rome who having called a great Assembly of Ecclesiasticall persons and Noblemen within the Teritorries of the King of England they solemnly admitted the King to purge himselfe before them of the murther of Thomas Becket Archbishop of Canterbury which purgation the King there made and submitted himselfe naked to Ecclesiasticall discipline Anno 1175. Richard Archbishop of Canterbury kept a great Councell at Westminster to which almost all the Bishops and Abbots of the Province of Canterbury came Et coram pranominatis Regibus and before King Henry the second and King Henry his Sonne and the Bishops and Abbots Richard Archbishop of Canterbury standing in an high place promulged certaine Decrees Canons concerning Clergy-men the Eucharist Tythes recorded by Hoveden to be firmely and inviolably observed by all his Provincials so that both the Kings assented to them though they were but Collections of some Decrees out of former Councels In the same yeare King Henry the Father called another Councell at Windesore eight dayes after Michaelmas Praesentibus Rege Filio the King and his Sonne being present Richard Archbishop of Canterbury with the Bishops of England and Laurence Archbishop of Dublin Praesentibus etiam Comitibus Baronibus Angliae the Carles and Barons of England being also present In which Councell being a meer Parliament there was a generall Concord made between King Henry the second and Rodericke King of Conact in Ireland and the King in that Councell gave the Bishoprick of Waterford to one Augustine an Irishman whom he sent to Donatus Archbishop of Cassels to be Consecrated Anno 1176. King Henry the second assembled and held a great Councell at Nottingham concerning the Statutes of his Kingdome and before the King his Sonne and the Archbishops Bishops Earles and Barons of his Kingdom communi omnium Concilio by the common Councell of them all he divided his Kingdome into sixe parts through each of which he appointed three Iustices Itinerant whom he caused to swear upon the holy Evangelists that they should bona fide and without any sinister intention keep and cause the people of his Kingdom inviolably to observe the Articles of Assize there renued and confirmed recorded at large by Hoveden To this Councell by the Kings command came William King of Scots with all his Bishops whom the King commanded by the fealty and Oath of Allegiance they had taken to him to do the same subjection to the Church of England which they ought to do and were went to do in the times of his Predecessors To whom they answered that they never had made any subjection or homage to the Church of England nor ought so to do To which Roger Archbishop of York replyed That the Bishop of Glascow and of Candida Casa or Whitterne had in the time of his Predecessors been subject to the See of Yorke and for proofe hereof he shewed divers priviledges of the Bishops of Rome which made it appeare To which Jocelin Bishop of Glascow answered That the Church of Glascow was a speciall Daughter of the Church of Rome and exempt from all Archiepiscopall and Episcopall jurisdiction and if the Church of Yorke had any jurisdiction over the Church of Glascow at any time it appeared that he deserved not to have any dominion over it for time to come And because Richard Archbishop of Canterbury endeavoured that the Church of Scotland should be subject to the Church of Canterbury such was his ambition then he so crossed the King of England That he permitted the Bishops of Scotland to return home without making any subjection of themselves to the Church of England as they had formerly done Anno 1176. Hugo Cardinalis Hoveden stiles him Hugozun the Popes Legate by the Kings permission and asistance called a generall Councell at London in the midst of Lent where the Archbishops of Canterbury and York and all the Bishops and Abbots of England with a great number of Clergie-men assembling together the Cardinall sate on an high throne in the Chappell of the infirme Monkes of Westminster and the Bishops and Abbots with him every one in his place according to his order and dignity But there arose a contention between the Archbishops of Canterbury and Yorke which of them should sit at the right hand of the Cardinall And when as the Archbishop of Yorke would sit there the Bishop of Canterburies servants rushed violently upon him threw him down upon the ground trampled on him with their feet and brake his Miter whereupon the Councel was dispersed and the Cardinall flying to hide himselfe out of their sight was so hindered that he held no Councel Both sides made appeales to the Pope and complained to the King of the injuries done unto them So Hoveden Gulielmus Nubrigensis relates the story in these words When the Cardinall assisted by the Kings favour had called together the Ecclesiasticall persons of both Provinces of
Canterbury and Yorke to London to celebrate a Councell of all England there on the day appointed for the beginning of his Councell when all having taken their Robes and ensignes were about to go in Procession to it there fell out a vehement contention between the Archbishops themselves about the priority of place in the Councell For that rule of the Apostle in honour preferring one another was so abrogated by the Bishops of our time that neglecting their Pastorall diligence and care Bishops by how much the more stubbornly by so much also the more vainly contend about Praecedencie and almost all Episcopall Controversie is wholy conversant about the praerogative of their honours In conclusion Yorke comming soonest praeoccupied the first seate alleadging that the same belonged to him by the ancient decree of Saint Gregory by which it is known to bee enacted that of the Metropolitans of England he should be accounted the chiefe who was first ordained But Canterbury having made a solemne complaint of the preoccupying of his place as if he suffered prejudice refused the second seate Whereupon his subjects or Clerkes of his Province contending more fiercely for him presently the simple contention of words grew into a brauling Yorke the adverse party being stronger was thrust with ignominy from the place he had so early taken who exhibited his torne Myter to the Legate as a signe of the injury offered to him and cited Canterbury to the Apostolicall See The Metropolitans therefore thus contending and things thus disturbed the Councell was not celebrated but dissipated and they who had assembled as called forth to a Councell returned to their own homes Matthew Parker in his Antiquitates Ecclesiae Britannicae out of Gervasins and Radulphus de Duceto relates the story in these words A Legate called Flugonius came into England from the Pope at King Henry the seconds request that hee might both separate Queene Eleaner from him by a Divorce and comprimise the Controversie between the Archbishops of Canterbury and Yorke touching the precedency which had continued for many successions of Bishops and been oft times determined but never finally ended till the Statute of 31 Hen. 8. cap. 10. such was the pride and ambition of these Arch-Prelates whose more than civill contentions for superiority our Historians have at large recorded to their infamy This Legate assembled a Councell at Westminster in the Church of the infirme Monkes whither the Clergie of both Provinces plentifully assembled and when the day of beginning the Councell was come the Legate sitting on an high Throne gave the right hand to the Archbishop of Canterbury But Yorke hoping that the King would bee more propitious to him than to Canterbury refused the left hand and striving most impudently with his breech to sit between the Legate and Canterbury at last sate downe in the lap of his Primate He had scarcee touched Canterbury with his breech with which he strove to get the second place but he was shamefully reprehended both by many Bishops and also by many Clerkes and Laymen The Archbishop of Canterburies servants provoked with the indignity of this wicked fact and the vehemencie of the just reproofe pulling York out of their Lords bosome and throwing him down on the ground trampled him under their feet and his Archiepiscopall Robes being most shamefully pulled off and torne they buffeted him with their fists But Canterbury when as he could not call away nor hold off his servants enraged with so great anger departed out of the Councell that at least hee might draw them away with him by his departure The servants following their Master left Yorke lying prostrate on the ground environed with his torne Garments At last Yorke fetching many deep and frequent sighes ariseth halfe dead and goeth all bloody to the King who with his son was present in the Councell the thing for which I principally relate the storie and makes his complaint against Canterbury The King having received Yorks relation only was at first in censed against Canterbury but afterwards the truth of his owne rashnesse and impudency being manifested he dismissed Yorke who departed from the King with disgrace the most reviling him with clamors go go said they thou betrayer of Saint Thomas thy hands doe yet stinke with blood But he poore wretch did now welter in his owne not Thomas his blood Hugocius among these tumults perplexed with feare having pronounced a blessing sodainly dissolved so unluckie a Councell and appealled Canterbury to the Pope as guilty of this battery Yorke also did the like At last Canterbury least he should be overwhelmed with appeales on both sides submitted himselfe and his servants to the Popes protection by appealing both the Legate and Yorke to Rome so all equally appealed But the next day Canterbury who knew the manner of the Pontificians pacified the Legate with gifts and they thus reconciled remitted their Appeales on both sides Afterwards the Archbishop of Cant. and Geoffry of Ely were againe accused by the Bishop of York before the King that in the Councell of Westminster they had laid violent hands on him which when they had denyed and purged themselves upon Oath they were reconciled by the Kings command and by him a truce for five yeares was made between Canterbury and Yorke who promised betweene themselves upon Oath that they would firmely stand to the Arbiterment of the Bishops of Normandy and France as well concerning this battery as all other controversies depending between them And so this fray and Councell ended wherein you see the King Prince and Laymen were present it being in truth a Parliament accompanied with a Convocation Anno 1226. there was a Synod held at London under Otho the Popes Legate where the King with the Clergy Magnatibus Regni and the great men of the Kingdome assembled with many Bishops Priests Laâ—corum Turbis and Troops of Laymen when they were all assembled Otho read the Popes letters to them before them all in which the Pope alleaged that it was a most ancient scandall and reproach to the Church of Rome that she was branded for coveteousnesse the roote of all evill and in this especially that no men could expedite any businesse in the Court of Rome unlesse by disbursing great summes of money and giving store of gifts but because the poverty of the Church of Rome was the cause of this scandall and infamy her naturall sons ought to relieve the want of their Mother for unlesse we should receive gifts from you and other good and honest men we should want necessaries to supply our lives which would be altogether incongruous to the Roman dignity Therefore utterly to roote out this scandall by the Councell of our Brethren the Cardinalls of the holy Church of Rome we have provided a certaine forme to which if you will consent you may free your Mother from scandall and obtaine Justice in the Court of Rome without giving any bribes Now the forme provided is this First of
all we desire two Prebends to be given us by all Cathedrall Churches and out of Abbies where the Monkes and Abbots have divers portions of each one Monkes intire allowance one from the Covent another from the Abbott which demand Otho urged the Bishops and Prelates to grant on the foresaid grounds Who consulting together hereupon returned this their common Answere by Iohn Archdeacon of Bedford That those things he had propounded to them did specially concerne the King of England and generally all the Patrons of Churches Archbishops Suffragans and Prelates of England since therefore the King was then absent by reason of his infirmitie and some Archbishops Bishops and other Prelates were absent likewise that in their absence they neither could nor ought to give any Answer And upon these words uttered came Iohn Lord Marshall of England and other Messengers from the King strictly commanding all what held Baronies of the King in Capite that that they should not obliege their lay Fee to the Church of Rome whereby he might be deprived of the services due unto him And so all returned to their owne home The same yeare there was another Councell assembled at Westminster under Stephen Langhton Archbishop of Canterbury about the same matter To which the King conferring a part with some of the Nobles and Bishops gave this Answer that these things concern all Christendom because we are placed in the remotest parts of the world when we shall see what other Kingdomes will say to these exactions and shall have an example from them the Pope shall finde us more ready to obey him And so this Councell brake up By both which presidents it is evident that Councells in those dayes were no other but Parliaments the King Nobles and Commons being present in them and that the Clergy alone could treat or conclude of nothing but by their concurring assents Anno 1231. There was a great Synod of Abbotts Priors Archdeacons with almost the whole Nobility Masters and Clerks of the Realme assembled at Saint Albans by the Popes Command to celebrate a divorse betweene the Countesse of Essex and her Husband if there were cause This divorse was but an Ecclesiasticall matteâ— as the Canonists deemed it yet both King Nobles and Commons as well as Abbots and Clergy-men were present at it and called to it by the Popes command In the yeare of our Lord 1236. there was a Councell of all the great men Prelates and Clergie of the Realme summoned to meet at London by King Henry the third under Othe the Popes Legate which being assembled together at Paules the second day thereof the King sent John Earle of Lincolne Iohn the son of Jeffery and William de Reele a Canon of Paules to inhibit the Legate in the behalfe of the King and Kingdome that he should not there Attempt or decree any thing against his Royall Crowne and dignity William Reele remained there to see this inhibition observed the others departed The next day folowing the Legate supported with divine assistance astantis concilij Suffragits et consensu and by the suffrages and consent of the Councel there present to conserve and reforme the State Ecclesiasticall in the parts of England besides other Canonicall institutions promulged certaine Canons digested into Chapters and Articles which Edmond Archbishop of Canterbury with divers others who departed from the Councell with little joy resolved to nullifie and revoke as not confirmed by the King the Lords and Commons for ought appeares which Otho understanding writ to the Pope to ratifie them who accordingly did it by his decretall Epistle Anno 1288. John Peckam Archbishop of Canterbury held a Provinciall Councell at Redding in which he made five Constitutions purposing to draw the conusance of Patronages of Churches anciently belonging to the Kings Court to the Ecclesiasticall to rescinde all Royall Prohibitions in suites depending in the Ecclesiasticall Court for goods and Chattels and to inhibitu that Ecclesiasticall Judges should be thenceforth prohibited to proceed in them But the King hearing of this designe sent certain selected messengers both to the Archbishop and the whole Councell commanding them with threats to resist whence it came to passe that the Archbishop wholy receeded from his presumption and the Councell being dissolved all the Prelates returned frustrate of their hope 31. An. 1296. Robert Winchelsee Archbishop of Canterbury held a Provinciall Councell at London where the Clergy to disapoint the King of his Subsidies and Tenths decreed among other things Ne quid inconsulto Papa Regibus a Clero solveretur That nothing should be payed to Kings without the Popes privity and consent A right loyall Constitution worthy Prelates The King having then called a Parliament to re-inburse his monyes spent in the Scottish Wars had a large Subsidie granted him by the Commons and Burgesses But the Clergy neither offered nor granted him any thing by reason of this their Constitution for confirmation whereof the Archbishop had gotten the Popes Bull The King being moved therewith proroged the Parliament to London commanding the Clergy to be there on the first day of Saint Hilary to give him a better answer The King in the mean time commanded all the Clergy mens Barnes which were full of corne to be sealed up with publike Seales which whiles his Officers were executing the Archbishop commanded the Popes decree to be published in Cathedrall Churches inhibiting under pain of Excommunication that no Tribute or ayd should be payd to the King or to any secular Prince out of Ecclesiasticall livings or revenues an high straine of Papall usurpation and presumption and when he and his Suffragans met in Pauls they resolved to stand to their former Constitution and to grant the King nothing Such dutifull good Subjects were these lordly Prelates Whereupon the King sending messengers to them to demand a supply from them they all returne him this answer It is sufficiently known that under God the Lord of all we have two Lords a spirituall the Pope our Lord and a temporall the King our Soveraigne and though we are bound to obey both yet we ought to obey our spirituall Lord more than our temporall And therefore we intend to send a Legate to the Pope that his leave first obtained wee may give the King what he desires of us The King receiving this answer tooke it very disdainfully that he should be thus mocked in his own Kingdome by the Pope and his Clergie and thereupon thrust the Clergie out of the Parliament and held a Councell with his Barons and Commons alone and presently put all the Clergie out of his protection that none of them should have power to sue any man in any of his Courts but might be sued there by any of his subjects upon which all the Clergie but the Archbishop were content to offer the King the fith part of their Ecclesiasticall goods and the Archbishop persisting in his obstinacy had all
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
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