ΚΕΙΜΗΛΙΑ ' ΕΚΚΛΗΣΙΑΣΤΙΚΑ THE HISTORICAL AND MISCELLANEOUS TRACTS Of the Reverend and Learned Peter Heylyn D. D. Now Collected into one Volume I. Ecclesia Vindicata Or The Church of ENGLAND Justified 1. In the Way and Manner of her Reformation 2. In Officiating by a Publick Liturgy 3. In prescribing a set Form of Prayer to be used by Preachers before their Sermons 4. In her Right and Patrimony of Tythes 5. In retaining the Episcopal Government 6. And the Canonical Ordination of Priests and Deacons II. The History of the SABBATH in two Parts III. Historia Quinquarticularis Or A Historical Declaration of the Judgment of the Western Churches and more particularly of the Church of England in the Five Controverted Points reproach'd in these last times with the Name of Arminianism IV. The Stumbling-Block of Disobedience and Rebellion proving the Kingly Power to be neither Co-ordinate nor Subordinate to any other upon Earth To which are Added V. A Treatise de jure Paritatis Episcoporum Or A Defence of the Right of Peerage of the English Bishops AND An Account of the Life of the AUTHOR Never before Published With an exact Table to the whole LONDON Printed by M. Clark for Charles Harper at the Flower-de-luce over against St. Dunstan's Church in Fleetstreet 1681. THE LIFE OF The most Learned and Reverend Dr. PETER HEYLYN TO Write the Lives of worthy Personages was ever accounted a most laudable custom amongst the Heathens For to perpetuate the memory of the Dead who were eminent in Vertue did manifestly conduce to the publique benefit of the Living much more the Ancient Christians in their time both solemnly retained this practice and adjudged it an act of Piety and Justice to the Deceased If they were Men of Fame for Learning or other Virtues to Celebrate their praises to Posterity and by this means stir up Emulation in others to follow so noble precedents before them For which cause S. Jerom writ his Catalogus illustrium Virorum before whom also Eusebius with others in short recorded to future Ages the holy Lives of those Primitive Fathers who were signally active or passive for the Christian Faith Tacit. lib. 4. Suum cuique decus posteritas rependit saith the Historian Posterity doth render to every man the Commendation he deserves Therefore for the Reverend Authors sake and in due Veneration of his Name which I doubt not is honoured by all true Sons of the Church of England both for his Learned Writings and constant Sufferings in defence of her Doctrine and Discipline established by Law here is faithfully presented to them a true and compleat Narrative of his Life before his Elaborate Works Reprinted to answer the common expectation of men in this case who would read his Person together with the ordinary and extraordinary occurrences of Providence that befel him as well as his Books that were long before published to the World To give satisfaction in the former here is nothing inserted but the Relations of truth which hath been often heard from his own mouth spoken to his dearest Friends or written by his Pen in some loose fragments of Paper that were found left in his Study after his death upon which as on a sure foundation the whole Series and Structure of the following Discourse is laid together but would have been more happily done if he had left larger Memoirs for it Nothing was more usual in ancient times than for good men saith Tacitus to describe their own Lives Suam ipsi vitam narrare In vita Jul. Agric. fiduciam potius morum quam arrogantiam arbitrati sunt Upon a confidence of their right behaviour rather than to be supposed any arrogancy or presumption in them First of all I shall begin with his Birth In that Country above all other enobled with the famous seat of the Muses to which he was a constant Votary Cambd. Britt by Cambden Oxford is called the Sun Eye and Soul of Great Britain by Matthew Paris the second School of the Church the present Author saith co-eval to Paris if not before it the glory of this Island and of the Western parts near which place or noble Athens Peter Heylyn was Born at Burford an ancient Town of good Note in the County of Oxford upon the 29th day of Novemb. An. Dom. 1600. in the same year with the Celebrated Historian Quensted Dialog de pat illust vir Jacobus Aug. Thuanus on both whom the Stars poured forth the like benign influences But the former viz. Peter Heylyn had not only the faculty of an Historian but the gift of a general Scholar in other Learning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as will appear to any one that reads his laborious Writings He was second Son of Henry Heylyn Gentleman Descended from the Ancient Family of the Heylyns of Pentre-Heylyn in Moungomery-Shire then part of Powis-Land from the Princes whereof they were derived and unto whom they were Hereditary Cup-Bearers for so the word Heylyn doth signifie in the Welsh or Brittish Language An Honourable Office in most Nations which we find in Divine as well as Profane History Neh. 1.11 Magni honoris erat Pincernae munus apud Persás saith Alex. ab Alex. And if Cambden Clarencieux be of good Authority the Reverend Doctor deriveth his Pedegree from Greno ap Heylyn who descended from Brockwell Skythrac one of the Princes of Powis-Land a man of so great Authority with the Princes of north-North-Wales that Llewellyn the last Prince of that Country made choice of the said Grono-ap-Heylyn to treat with the Commissioners of Edward I. King of England for the concluding a final Peace between them which afterwards being broken by L'lewellyn in him ended all the Princes of north-North-Wales after they had Reigned for the space of 405. years a goodly time that scarcely the greatest Monarchies in the World have withstood their fatal period and dissolution Yet the Family of Pentre Heylyn from whom the said Grono-ap-Heylyn descended in a direct Line continued their Seat until the year Anno Dom 1637. at which time Rowland Heylyn Alderman and Sheriff of London and Cousin-german to Dr. Heylyn's Father dying without Issue-Male the Seat was transferred into another Family into which the Heiresses Married but if the Doctor had lived a little longer he intended to have repurchased that Seat and bring it back again into the Name and Family His Cousin Mr. Rowland Heylyn before his death caused the Welch and Brittish Bible to be Printed at his own Charges in a portable Volume for the benefit of his Country-men which was before in a large Church Folio also the Practice of Piety in Welch a Book though common not to be despised besides a Welch Dictionary for the better understanding of that Language One thing of chief remark is a Tradition among the Heylyns deriving their Pedigree from Brockwell Skythrac in whose Family was ever observed that one of them had a gag Tooth and the same a notable Omen of good
Divinity as well as undertake the profession of it but afterward persuaded thereto by a Right Reverend and Learned Person Mr. Buckner he seriously applied himself to this Study and holy Profession receiving the Orders of Deacon and Priest but at distinct times in S. Aldates Church in Oxon from the Right Reverend Bishop Howson And when he was Ordained Priest he Preach'd the Ordination Sermon upon these words of our Blessed Saviour to S. Peter Luk. 22.32 And when thou art Converted strengthen thy Brethren What course and method he observed in his Theological Studies he informs us with his own Pen Theol. Vit. praef to the Reader When I began my Studies in Divinity I thought no course so proper and expedient for me as the way commended by King James which was that young Students in Divinity should be excited to study such Books as were most agreeable in Doctrine and Discipline to the Church of England and to bestow their time in the Fathers and Councils School-men Histories and Controversie and not to insist too long upon Compendiums and Abbreviators His Geography was in less than three years Reprinted And in this second Edition was enlarged and again presented by him to the Prince of Wales and by him graciously received with most affectionate commendations of the Author But it met with another kind of entertainment from King James for the Book being put into the hands of that Learned Monarch by Dr. Young then Dean of Winton who design'd nothing but the highest kindness to Mr. Heylyn thereby the King at first exprest his great value he had for the Author but unfortunatly falling on a passage wherein Mr. Heylyn gave Precedency to the French King and called France the more famous Kingdom King James became very much offended and ordered the Lord Keeper to call the Book in The Dean gave notice to Mr. Heylyn of his Majesties displeasure and advised him to repair to Court and make use of the Princes Patronage as the best lenitive to prevent the rankling of this wound But he rather chose to abide in Oxford and acquainting the Lord Danvers with the business afterward sent an Apology and Explanation of his meaning That the burden under which he suffered was rather a mistake than a crime and that mistake not his own but the Printers which was after corrected and amended In the year 1625. he took a Journey with Mr. Levet of Lincolns-Inn into France where he visited more Cities and made more observations in five weeks time for he stayed no longer than many others have done in so many years The particulars of this Journey he reduced into writing and some years after gratifi'd his Countrey with the publication of it together with some other excellent remarks made by him when he went in attendance upon the Earl of Danby to the Isle of Gernsey and Jersey Anno Dom. 1628. Had King James lived to have perused that Book Mr. Heylyn had needed no other Advocate to have restored him to his Princely favour and protection For never was the vanity and levity of the Monsieurs and deformity and sluttishness of their Madams more ingeniously exposed both in Verse and Prose than in the account that he gives of his Voyage into France On April the 18th 1627. he opposed in the Divinity-School and on Tuesday the 24th following he answered pro formâ upon these two Questions viz. An Ecclesia unquam fuerit invisibilis An Ecclesia possit errare Both which he determined in the Negative Upon occasional discourse with him he was pleased once to shew me his Supposition which I read over in his House at Lacies-Court in Abingdon but I had not then either the leisure or good luck to transcribe a Copy of it which would have been worth my pains and more worthy of the Press to the great satisfaction of others For my part I can truly say that I never read any thing with more delight for good Latin Reason and History which that Exercise was full of but since both it and many other choice Papers in his Study through the carelesness of those to whose custody they are committed I suppose are utterly lost and gone ad blattarum tinearum Epulas In stating of the first Question that caused the heats of that day he fell upon a quite different way from that of Dr. Prideaux the Professor in his Lecture De Visibilitate Ecclesiae and contrary to the common opinion of other Divines who generally prove the visibility of the Protestant Church from the poor persecuted Christians dispersed in several places as the Berengarians in Italy the Waldenses in France the Wicklifists in England and the Hussiets in Bohemia which manner of proceeding being disliked by Mr. Heylyn as that which utterly discontinued the Succession of the Hierarchy which the Church of England claims from the very Apostles and their immediate Successors He rather chose to find out a continual visible Church in Asia Ethiopia Greece Italy yea and Rome it self as also in all the Western Provinces then subject to the power of the Roman Bishop when he was the chief Patriarch which Mr. Heylyn from his great knowledge and more than ordinary abilities in History strenuously asserted and proved to which the Professor could make but weak replies as I have heard from knowing persons who were present at that Disputation because he was drawn out of his ordinany byass from Scholastical Disputation to forein Histories in which encounter Mr. Heylyn was the invincible Ajax Nec quisquam Ajacem superare possit nisi Ajax But chiefly the quarrel did arise for two words in Mr. Heylyns Hypothesis after he had proved the Church of England received no Succession of Doctrine or Government from the Berengarians Wicklifists c. who held many Heterodoxies in Religion as different from the established Doctrine of our Church as any point which was maintained at that time in the Church of Rome that the Writers of that Church Bellarmin himself hath stood up as cordially in maintenance of some fundamental points of the Christian Faith against Anti-Trinitarians Anabaptists and other Heretiques of these last Ages as any our Divines and other Learned men of the Protestant Churches which point Mr. Heylyn closed up with these words Vtinam quod ipse de Calvino sic semper errasset nobilissimus Cardinalis at which words the Reverend Doctor was so impatient in his Chair that he fell upon the Respondent in most vile terms calling him Papicola Bellarminianus Pontificius c. to draw the hatred of the University upon him according to the saying Fortiter calumniare aliquid adhaerebit grievously complaining to the younger sort of his Auditors unto whom he made his chiefest addresses of the unprofitable pains he took among them if Bellarmin whom he had laboured to confute for so many years should be honoured with the Title of Nobilissimus Notwithstanding the Respondent acquitted himself bravely before the Company ascribing no more honour to Bellarmin
Examination of the mistakes falsities and defects in some modern Histories Lond. 1659. Certamen Epistolare or the Letter-Combat managed with Mr. Baxter Dr. Bernard Mr. Hickman 8. Lond. 1659. Historia Quinqu-Articularis 4. Lond. 1660. Respondet Petrus or the Answer of Peter Heylyn D. D. to Dr. Bernards book entituled The Judgment of the late Primate c. Lond. 4. 1658. Observations on Mr. Hammond L' Estranges History of the Life of King Charles I. 1658. Extraneus Vapulans or a Defence of those Observations Lond. 1658. A short History of King Charles the First from his Cradle to his Grave 1658. Thirteen Sermons some of which are an Exposition of the Parable of the Tares printed at London 1659 and again 1661. A help to English History containing a succession of all the Kings Dukes Marquesses Earls Bishops c. of England and Wales first written in the Year 1641 under the name of Robert Hall but now enlarged and in Dr. Heylyns name Ecclesia Vindicata or the Church of England Justified c. 4. 1657. Bibliotheca Regia or the Royal Library 8. Ecclesia Restaurata or the History of the Reformation Fol. Lond. 1661. Cyprianus Anglicus or the History of the Life and Death of William Laud Archbishop of Canterbury Fol. Aerius Redivivus or the History of the Presbyterians Fol. ECCLESIA VINDICATA OR THE Church of England JUSTIFIED I. In the Way and Manner of her Reformation II. In Officiating by a Publick Liturgy III. In prescribing a Set Form of Prayer to be used by Preachers before their Sermons IV. In her Right and Patrimony of Tithes V. In retaining the Episcopal Government And therewith VI. The Canonical Ordination of Priests and Deacons By PETER HEYLIN D. D. PSAL. CXXXVI 6 7. Si oblitus fuero tui O Jerusalem oblivioni detur dextra med Adhaereat lingua mea faucibus meis si non proposuero tui in principio laetitiae meae LONDON Printed by M. Clark for C. Harper 1681. A General Preface TO THE READER CONCERNING The Design and Method of the following WORK 1. The Authors Address to those of the same persuasion with him 2. As also to those of different Opinion 3. His humble application to all such as be in Authority 4. Persecution a true note of the Church verified in the Jews the primitive Christians and the Church of England 5. The several Quarrels of the Genevians and Papists against the way and manner of our Reformation 6. The Authors Method and Design in answering the Clamors and Objections of either party 7. The first Quarrels against the Liturgies of King Edward the sixth and the grounds thereof 8. The Liturgy of Queen Elizabeth approved by the Pope subscribed by the Scots and the Church frequented by the Papists for the first ten years of that Queens reign 9. The Puritans and Papists separate from the Church at the same time and the hot pursuance of this Quarrel by the Puritan party 10. The Quarrel after some repose revived by the Smectymnuans and their actings in it 11. The Author undertakes the Defence of Liturgies as also the Times and Places of Publick Worship against all Opponents unto each 12. The Prayer prescribed to be used by Preachers before their Sermons the reasons why it was prescribed and the Church justified for so doing in a Brief Discourse upon that subject of the Authors making 13. An Answer to the Objection touching the free exercise of the Gift of Prayer 14. Set Forms of Prayer condemned in Churches by the Devisers of the Directory and prescribed for Ships 15. The Liturgy cryed down by the Lay-Brethren in Order to the taking away of Tithes 16. The same Design renewed by some late Projectors the Author undertakes against them and his Reasons for it 17. The first Bishops of Queen Elizabeths time quarrelled by the Papists and the grounds thereof 18. Covetousness and Ambition in the Presbyterians the two main grounds of their Pursuit against Episcopacy 19. Set on by Calvin and Beza they break out into action their violent proceedings in it and cessation from it 20. The Quarrel reassumed by the Smectymnuans outwitted in the close thereof by the Lay-Brethren without obtaining their own ends in advancing Presbytery 21. The Author undertakes against Smectymnuus and proves Episcopacy to be agreeable to all Forms of Civil Government 22. His History of Episcopacy grounded on the Authority of the Ancient Fathers and what the Reader is desired in Relation to them 23. Ordination by the Imposition of Hands generally in use in all Churches and how the Ordinance of March 20. 1653. is to be understood as to that particular 24. No Ordination lawful but by Bishops and what the Author hath done in it 25. The close of all and the submission of the whole to the Readers judgment READER of what persuasion or condition soever thou art I here present and submit unto thee these ensuing Tracts If thou art of the same persuasion and opinion with me I doubt not but thou wilt interpret favourably of my Undertakings and find much comfort in thy Soul for thy Adhesion to a Church so rightly constituted so warrantably reformed so punctually modelled by the pattern of the purest and most happy times of Christianity A Church which for her Power and Polity her sacred Offices and Administrations hath not alone the grounds of Scripture the testimony of Antiquity and consent of Fathers but as good countenance and support as the Established Laws of the Land could give her which Laws if they be still in force as they seem to be thy sufferings for adhering to the Church in her Forms and Government may not improperly be said to have faln upon thee for thy obedience and conformity to the Laws themselves Smectym Answ 85. For though it may be supposed with the Smectymnians the Author of The True Cavalier c. and some other of our modern Politicks that Government and Forms of Worship are but matters of humane appointment and being such may lawfully abrogated by the same Authority by which at first they were Established yet then it must be still by the same Authority and not by any other which is less sufficient for that end and purpose And I presume it will not be affirmed by any that an Ordinance of the Lords and Commons occasionally made and fitted for some present exigent is of as good authority as an Act of Parliament made by the King with the consent and approbation of the three Estates in due form of Law Or if it be I would then very fain know the reason why the Ordinance of the third of January Anno 1644. should be in force as to the taking away of the Book of Common Prayer and yet be absolutely void or of no effect as to the establishing and imposing of the Directory thereby authorized which bears an equal share in the title of it or why the Ordinance of the ninth of October Anno 1646. for abolishing Arch-bishops and Bishops should be still in
use of a Liturgy surther than to be an help in the want or to the weakness of a Minister and thereupon it is inferred with contempt enough that if any Minister appear insufficient to discharge the duty of conceived Prayer it may be imposed on him as a punishment to use set forms and no other If these two Propositions did proceed from the same one spirit as no doubt they did the extream falshood of the last doth prove sufficiently that neither of them did proceed from the Spirit of Truth King Edward VI. the Lord Protector then being and the learned Prelates of that time were our first Reformers the two first approving and confirming the last labouring and acting in that weighty business but all contributing to the passing of an Act of Parliament for uniformity of Service and Administration of the Sacraments 2 and 3. Ed. 6. cap. 1. and in that Act it is said expresly That all Ministers in any Cathedral or Parish Church or other place within this Realm of England Wales and other the Kings Dominions shall from and after the Feast of Pentecost next coming be bounden to say and use all Mattens Evensong Celebration of the Lords Supper commonly called the Mass and Administration of each of the Sacraments and their common and open Prayer in such order and form as is mentioned in the same Book and none other or otherwise Which clause continued still in being notwithstanding the alteration of the Liturgie till K. Edward's death and was revived again in the Act of Parliament 1 Eliz. cap. 2. By which the second Liturgie was confirmed and ratified Assuredly they that are bound to officiate by a Form prescribed to use no other Form but that and to use that Form no otherwise than the Law requireth and requireth under several penalties contained in it cannot be said to be at liberty to use or not to use it as they list themselves nor can pretend in any reason nor with common sense That the first Reformers of Religion did never intend the use of a Liturgy further than to be an help in the want or to the weakness of a Minister What the Reformers did in other Countreys was no Rule to ours who in the modelling of that great work had not only an eye and respect as the forementioned Statute telleth us to the most sincere and pure Christian Religion taught by the Scripture as probably the others had but also to the usages in the Primitive Church which certainly the others had not So that the second Position which the proud Inference thence deducted being blown aside the whole weight of the cause must wholly rest upon the first which whether it be of strength enough to support the same is the main disquisition and enquiry which we have in hand For when this Proposition was first vented and the point had been somewhat ventilated betwixt the humble Remonstrant on the one part and the Smectymnians on the other I was required by those who had Authority to command me to try what I could do in drawing down the Pedegree and the descent of Liturgies from the first use and institution of them amongst the Jews till they were setled and established also amongst the Christians For since the Smectymnians had appealed to the ancient practice of the Jews and Christians affirming positively that no such Liturgies that is to say no stinted and prescribed Forms of Administration were anciently used by either of them it is most fit and just they should be tryed by the Records and practice of those elder times to which they have Appealed for their justification So that the point between us being matter of Fact I shall pursue it in the way of an Historical Narration in which the Affirmative being made good by sufficient evidence it will be very difficult if not impossible to prove the Negative And for the better making good of the Affirmative I have taken in the Jewish Rabbins and other Antiquaries of that people of most faith and credit the holy Fathers and other Ecclesiastical Authors since the times of Christ to testifie unto the truth of what here is said either by way of explication of such Texts of Scripture which do relate unto this cause or in the way of declaration as laying down the practice of the Jews or Christians in their several times And that it may be seen that Liturgies or Set Forms of worship were of general usage I have made diligent search into the best and most unquestioned monuments of the ancient Gentiles and traced out many of their Forms of prayer and sacrifice used by them in the most religious acts of those performances and placed that search betwixt the practice of the Jews and that of the Christians And I have placed it in that order to the end that it may appear that the Christians had not only some ground of Scripture Tradition Apostolical and the best judgments of their own times to direct this business but that they were also guided in it by the light of Nature the Word of God amongst the Jews and the constant practice of that people in the times precedent Nor have I only took this pains in tracing out the constant practice of all people in respect of Liturgies but also with relation unto the necessary adjuncts and concomitants of them Set Forms of Worship require set times and places to perform them in which gives occasion to insert some notes or observations touching the Festivals or days of Religious offices taken up by the Authority of the Church in several Ages according as the commemoration of some signal benefits or Gods special mercies toward them might invite them to it The like I have done also in the erecting and dedicating of those sacred places which have been destinated in all times to Religious offices from the first Consecrating of the Tabernacle by Gods own appointment till the last dedication of the Temple in the time of Herod and from the first deputing of some places by the Lords Apostles for the divine performances and administrations of the Christian Faith till calmer times permitted the erecting of those stately Fabricks which the Gentiles looked upon with envy and admiration Some other things are intermingled touching the Habit of the Priests or Ministers under either Testament in the time or act of their officiating as also of the Gestures used both by Priests and People according to the several offices and acts of worship And this I have drawn down unto the time of S. Austin's death when neither Superstition in point of worship nor Heterodoxie in point of Doctrine had gotten any predominancy in the Church of Christ which was then come unto her height both for peace and purity By which the Reader may perceive how warrantably this Church proceeded in her Reformation as to this particular how strict an eye was had therein as well to the most sincere and pure Christian Religion taught by the Scripture as to the usages
and Ministers shall move the people to joyn with them in Prayer in this Form or to this effect as briefly as conveniently they may Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed through the whole world and especially for the Churches of England Scotland and Ireland And herein I require you most especially to pray for the Kings most excellent Majesty our Sovereign Lord James King of England Scotland France and Ireland Defender of the Faith and Supreme Governour in these his Realms and all other his Dominions and Countreys over all Persons in all causes as well Ecclesiastical as Temporal Ye shall also pray for our gracious Queen Ann the noble Prince Henry and the rest of the Kings and Queens Royal Issue Ye shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Kings most honourable Council and for all the Nobility and Magistrates of this Realm that all and every of those in their several callings may serve truly and painfully to the Glory of God and the edifying and well-governing of his people remembring the accompt they must make Also ye shall pray for the whole Commons of this Realm that they may live in true Faith and fear of God and humble obedience to the King and Brotherly Charity one to another Finally let us praise God for all those that are already departed out of this life in the Faith of Christ and pray unto God that we may have grace to direct our lives after their good examples that this life ended we may be made partakers with them of the glorious Resurrection in the life everlasting Always concluding with the Lords Prayer So far the Letter of the Canon in which there was not any purpose nor in the makers of the same to introduce into the Church any Form of Prayer or Invocation save those which were laid down in the Common prayer Book nor indeed could they if they would the Statute 1 Eliz. being still in force but to reduce her Ministers to the antient usage of this Church which had been much neglected if not laid aside The Canons then established were no late Invention as some give it out but a Collection of such Ordinances and pious Customs as had been formerly in use since the Reformation which being scattered and diffused in several Injunctions Orders and Advertisements published by K. Henry VIII K. Edward VI. and Q. Eliz. or in the Canons of particular Convocations in those times assembled or otherwise retained in continual practice was by the care and wisdom of the Clergy in the Synod at London An. 1603. drawn up together into one body and by his Majesty then being Authorized in due form of Law And being so Authorized by his Majesty the Canons then made had the force of Laws and were of power to bind the Subjects of all sorts according to their several and respective concernments as fully and effectually as any Statute or Act of Parliament can bind the Subject of this Realm in their goods and properties For which consult the Statute 25. H. 8. cap. 19. and the practice since Which as it may be said of all so more particularly of the Canon now in question of which it is to be considered that the main body of the same had been delivered formerly almost verbatim in the Queens Injunctions published by her Royal and Supream Authority in the first year of her Reign Anno 1559. which I will therefore here put down that by comparing both together we may the better see the true intention of that Canon and what is further to be said in the present business The Queens Injunction is as followeth The title this The Form of bidding the Prayers to be used generally in this uniform sort and then the body of it is this Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed throughout the whole world and especially for the Churches of England and Ireland and herein I require you most especially to pray for the Queens most excellent Majesty our Soveraign Lady Eliz. Queen of England France and Ireland Defender of the Faith and supream Governour of this Realm as well in causes Ecclesiastical as Temporal You shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Queens most honourable Council and for all the Nobility of this Realm That all and every of these in their callings may serve truly and painfully to the glory of God and edifying of his people remembring the accompt they must make Also you shall pray for the whole Commons of this Realm that they may live in true faith and fear of God in humble Obedience and brotherly Charity one to another Finally let us praise God for all those that are departed out of this life in the faith of Christ and pray unto God that we may have grace to direct our lives after their good example that after this life we may be made partakers of the glorious resurrection in the life everlasting These are the very words of the Injunction wherein it is to be observed that as the Canon hath relation to this Injunction so neither this Injunction nor any thing therein enjoyned was of new erection but a Reviver only of the usual Form which had been formerly enjoyned and constantly observed in King Edwards days as we shall see by looking over the Injunction published and the practice following thereupon in the said Kings Reign Now the Injunction of King Edward the 6. is in this Form following The Title thus The Form of bidding the Common prayers and then the Form it self You shall pray for the whole Congregation of Christs Church and especially for this Congregation of England and Ireland wherein first I commend to your devout prayers the Kings most excellent Majesty supreme Head immediately under God of the Spiritualty and Temporalty of the same Church And for Queen Katharine Dowager and also for my Lady Mary and my Lady Elizabeth the Kings Sisters Secondly you shall pray for my Lord Protectors grace with all the rest of the Kings Majesties Council for all the Lords of this Realm and for the Clergy and Commons of the same Beseeching Almighty God to give every one of them in his degree Grace to use themselves in such wise as may be to Gods glory the Kings honour and the weal of this Realm Thirdly you shall pray for all them that be departed out of this world in the faith of Christ that they with us and we with them at the day of Judgment may rest both Body and Soul with Abraham Isaac and Jacob in the Kingdom of Heaven This was the Form first published in the beginning of the Reign of King Edward VI. and it continued all
his time save that the latter clause was altered and that for praising God for Saints departed put instead thereof as we may see in Bishop Latimers Sermon preached at Stanford whereof more anon Hitherto are we clear for King Edwards time and no less clear are we for King Henries also especially for the latter part thereof in which the use of Bidding prayers or moving the people unto prayer had by him been imposed upon the Clergy before this time the people had been trained up in a very gross ignorance not knowing explicitely the Articles of their belief accustomed to a Latin service in their publick Churches and to a daily stint of Pater-nosters and Ave-Maries in the Latin tongue which few or none of them understood But that King having taken on himself the Title of supreme Head of the Church of England and adding of the same to the stile Imperial viz. Anno 1535 there issued out an order by his Authority in this Form that followeth This is an Order taken for Preaching and Bidding of Beads in all Sermons to be made within this Realm First Whosoever shall Preach in the presence of the Kings Highness and the Queen's Grace shall in the bidding of Beads pray for the whole Catholick Church of Christ as well quick as dead and especially for the Catholick Church of this Realm and first as we be most bounden for our Soveraign Lord King Henry the VIII being immediatly next under God the only supreme Head of this Catholick Church of England And for the most gracious Lady Qu. Anne his Wife and for the Lady Elizabeth Daughter and Heir to them both And no further Item the Preacher in all other places of this Realm not in the presence of the Kings said Highness and the Queens Grace shall in the bidding of the Beads pray first in manner and Form and word for word as is above ordained and limited Adding thereto in the second part For all Archbishops and Bishops and for the whole Clergy of this Realm And specially such as the Preacher shall name of his devotion And thirdly for all Dukes Earls Marquess's and for all the whole Temporalty of this Realm and specially for such as the Preacher shall name of devotion And finally for the souls of all them that be dead and specially for such as it shall please the Preacher to name So far the very words of the Injunction as it relates unto the business now in hand which differs very little if at all in Form and fashion though there be some difference in the matter from those which followed in the Reign of K. Edward VI. and Q. Eliz. both of which out of question took their hint from hence Besides it is to be observed that the said King having assumed unto himself the stile and Title of supreme Head of the Church of England as before is said did before this by Proclamation dated June 9. An. 1534. declare and signifie his Royal pleasure that all and all manner of Ecclesiastical persons should teach preach publish and declare in all manner of Churches the said his just Title Stile and Jurisdiction on every Sunday and high Feast throughout the year which after was enjoyned in the Injunction of the year Anno 1536 set out by the Lord Cromwell being then Vicar General with the Kings authority As also in the Injunctions of King Edward the 6. An. 1547. which again was revived in the Queens Injunctions Anno 1559. As after in the first Convocation of King James in the year 1603. And besides this it was appointed in the said Injunctions of King Henry the 8. that the Preacher or Parochial Priest should every Sunday in the Pulpit rehearse distinctly the Lords prayer the Articles of the Creed and the ten Commandments in the English Tongue for the better instructing of the people in their duties both to God and Man which being ordered at the same time as the bidding of the Beads in the Forni spoken of before was first enjoyned shews plainly the intention and effect of both to be no other than to instruct the people in the principles of faith and piety So that as well to teach the people how to pray and what things they chiefly were to pray for in the publick meeting as to make known unto them the Kings just Title by which they were to recommend him in their devotions the Form before remembred of Bidding prayers or Beads was prescribed the Priests by them to be proposed unto the people in their several Sermons For instance of the which in point of practice in the said Kings time we need but look upon a Sermon of Bishop Latimers being that before the Convocation Anno 1536. which was the 28. of King Henries Reign In which being entred on his matter as the use then was he thus bids the prayers That all that I say shall may turn to the glory of God your Souls health and the edifying of Christs Body I pray you all to pray with me unto God and that also in your Petitions you desire that these two things he vouchsase to grant us First a mouth for me to speak rightly next Ears for you that in hearing me you may take profit at my hands and that this may come to effect you shall desire him unto whom our Master Christ bad we should pray saying even the same prayer which Christ himself did Institute Wherein we shall pray for our Sovereign Lord the King chief and supreme Head of the Church of England under Christ and for the most excellent gracious and vertuous Lady Queen Jane his most lawful Wife and for all his whether they be of the Clergy or Laity whether they be of the Nobility or else other his Grace's Subjects humbly beseeching Almighty God that every one of us even from the highest to the lowest may in his degree and Calling earnestly endeavour to set forth the glory of God and the Gospel of his Son Christ Jesus that so living in his fear and love we may in the end of our days depart out of this life in his friendship and favour For these graces and what else his wisdom knoweth more needful for us let us pray as we are taught saying Our Father c. Put all that hath been said together and the sum is this That if we do interpret the Canon of the year 1603. by the Queens Injunctions and construe both of them according to the Injunctions in King Edwards and King Henries days we shall see plainly that the Form of prayer appointed by the Canon is no new Invention neither obtruded on the Church by the Bishops of these times on a design to stint the Spirit as some now give out or on a like design of Archbishop Bancroft and the Prelates of his time as is said by others but carried and transmitted from hand to hand since the very first beginning of the Reformation nor did it stand thus only in point of Law not being reduced unto practice
or exhorting but taking to themselves the liberty of their own expression for the phrase and stile according to the purpose and effect of the said Injunction And it is worth our noting too that presently upon the end of this exhortation or bidding of the Prayers used by Dr. Parker there followeth in the book these words Hic factae sunt tacitae preces By all which we may perceive most evidently that it was then the peoples practice and is now our duty immediately upon the bidding of the Prayers or on the Preachers moving of the people to joyn with them in Prayer as the Canon hath it to recollect the heads recommended to them and tacitly to represent them to the Lord in their devotions or otherwise to comprechend them in the Pater-noster with which the Preacher by the Canon is to close up all And now being come to the times of King Edward the sixth we will next look on Bishop Latimer the fourth of these five Prelates whom before I spake of who living in King Henry and King Edwards times and in their times using that Form of bidding Prayers which is prescribed both in the Canon and Injunctions shews plainly that the antient practice in this kind was every way conform to the present Canon and the old Injunctions And first to keep our selves to King Edwards Reign we have eight passages in his Sermons preached in that Kings time whereby we may perceive what the usage was six of them laid down in brief and two more at large the two last being as a comment on the former six of the six brief the first occurs in his 2d p. 33. Sermon before King Edward thus Hitherto goeth the Text That I may declare this the better to the edifying of your Souls and the glory of God I shall desire you to pray c. So in his third before the King p. 42. March the 22. Before I enter further into this matter I shall desire you to pray c. And in the fourth March 29. That I may have grace so to open the remnant of this Parable that it may be to the glory of God and edifying of your souls I shall desire you to pray in the which prayer c. And in the 5th Sermon before the King on the 6th of April p. 51. having entred on his matter he thus invites them to their Prayers And that I may have grace c. So in the sixth April the 13th This is the story and that I may declare this Text so as it may be to the honour of God and the edifying of your souls and mine both I shall desire you to help me with your prayers in the which c. The last is in a Sermon before that King p. 108. Preached at the Court in Westm An. 1550. where he doth it thus Here therefore I shall desire you to pray c. These instances compared with the other two make the matter plain whereof the first is in the seventh before King Edward April 19. 1549. Thus This day we have in memory Christs bitter passion and death the remedy of our Sin Therefore I intend to treat of a piece of the story of his passion I am not able to treat of all that I may do this the better and that it may be to the honour of God and the edification of your Souls and mine both I shall desire you to pray c. In this prayer I shall desire you to remember the Souls departed with laud and praise to Almighty God that he did vouchsafe to assist them at the hour of their death I shall desire you to pray c. And in the which c. What mean these caetera's That we shall see most manifestly in his Sermon Preached at Stamford p. 88. Octob. 9. 1550. which shews indeed most fully that the Form of bidding Prayers then used was every way conform to the Injunction of King Edward VI. and very near the same which was prescribed after by the Queens Injunction For having as before proposed his matter he thus bids the Prayers And that I may at this time so declare them as may be for Gods glory your edifying and my discharge I pray you to help me with your prayers in the which prayer c. For the Vniversal Church of Christ through the whole world c. for the preservation of our Sovereign Lord King Edward the Sixth sole Supreme Head under God and Christ of the Churches of England and Ireland c. Secondly for the Kings most honourable Council Thirdly I commend unto you the Souls departed this life in the Faith of Christ that ye remember to give laud praise and thanks to Almighty God for his great goodness and mercy shewed unto them in that great need and conflict against the Devil and Sin and that gave them in the hour of death faith in his Sons Death and Passion whereby they conquer and overcome and get the victory Give thanks I say for this adding prayers and supplications for your selves that it may please God to give you like faith and grace to trust only in the death of his dear Son as he gave unto them For as they be gone so must we and the Devil will be as ready to tempt us as he was them and our sins will light as heavy upon us as theirs did upon them and we were as weak and unable to resist as were they Pray therefore that we may have Grace to die in the same faith as they did and at the latter day to be raised with Abraham Isaac and Jacob and be partakers with Christ in the Kingdom of Heaven for this and all other graces let us say the Lords prayer Now unto Bishop Latimer we will joyn another of the same time and as high a calling which is Dr. Gardiner Bishop of Winchester of whom whatever may be said in other respects in this it cannot be objected but that he followed the Form and Order then prescribed for in a Sermon Preached before King Edward VI. Anno 1550. being the Fourth of that Kings Reign before the naming of his Text for ought appears he thus bids the Prayer Most honourable Audience I purpose by the grace of God to declare some part of the Gospel that is accustomably used to be read in the Church at this day and that because without the special grace of God neither I can speak any thing to your edifying nor ye receive the same accordingly I shall desire you all that we may joyntly pray all together for the assistance of his grace In which prayer I commend to Almighty God your most excellent Majesty our Sovereign Lord King of England France and Ireland and of the Church of England and Ireland next and immediately under God here on earth Supream Head Q. Katharine Dowager my L. Maries grace and my L. Elizabeths grace your Majesties most dear Sisters my L. Protectors grace with all others of your most honourable
Rubr. after the Psal it is appointed in her Rubrick that at the reading of the Lessons the Minister which reads shall stand and turn him so as he may be best heard of all such as be present which shews plainly he was to look another way when he said the Prayers And lest it may be said that the other way was not directly from the people but askew upon them which yet would ill become the Preacher we find it among other things objected by the Puritan faction in Queen Elizabeths time not only that the Ministers did say some part of Divine Service within the Chancel where he must needs look askew upon them but that at other times his face was turned away from them altogether whereof see Hooker l. 5. Sect. 30. which makes me wonder by the way that all or most part of our Reading-pews should be of late so placed that contrary both to the Churches Order and the antient practice the Minister when he readeth the Prayers looks downwards towards the lower end of the Church and not unto the East as he ought to do so then the Preacher in the Pulpit turning himself unto the people and making himself the object of their Eyes as he of their attentions cannot be thought to pray to God but if he pray at all to the people rather and on the other side the Form of Bidding prayers being by way of Exhortation and so purposed doth fit as well the posture of the Preacher as it doth the place Lastly the Form of Bidding prayers stands more with the intention of the Church than that of Invocation because it doth avoid some inconveniences and absurdities which do arise upon the other For first whereas the Church prescribes a set Form of prayer in her publick Liturgy from which it is not lawful for any of her Ministers either to vary or recede she did it principally to avoid all unadvised effusions of gross and undigested prayers as little capable of piety as they are utterly void of Order and this she did upon the reason given in the Milevitan Council viz. lest else through ignorance or want of Care any thing should be uttered contrary to the Rule of Faith ne forte aliquid contra fidem vel per ignorantiam vel per minus studium sit compositum as the Canon hath it But were men suffered to enjoy a liberty of Praying and saying what they listed before their Sermons in vain had the Church bound us to set Forms of prayer in the common Liturgy upon several penalties when men might afterwards run riot how they pleased in their particular prayers before their Sermons without blame or censure And though perhaps in some Churches of the Reformation in which there is no publick Liturgy or set Form of Divine Service to which both Priest and people are obliged to conform themselves it may be lawful for the Preacher to use such prayers both before and after Sermon as the consideration of that great work and the necessities of the people may invite him to yet it is otherwise with us in the Church of England where all these points are carefully provided for in the Book of Common-prayers which in these other Churches are made the Subject of the Preachers Now where some men conceive they obey the Canon in case they pray in that Form or to that effect those who do so conceive it shew in their deeds that they as little care for the effect as for the Form we plainly see by the effects what that effect of theirs would tend to what is the issue of that liberty which most Men have taken too many of that sort who most stand upon it using such passages in their prayers before their Sermons that even their prayers in the Psalmists language are turned into Sin And for the brevity therein required as briefly as conveniently they may they neglect that also and study to spin out their prayers to a tedious length against all convenience Besides whereas the Church intendeth nothing more in her publick Canons than an uniformity in Devotion this leaving men to themselves in such a special part of Gods publick Service as that now is made would bring in a Confusion at the least a Dissonancie and so destroy that blessed Concord which the Church most aims at Both which absurdities or inconveniences call them what you will are happily avoided by that Order of Bidding prayers by the Church intended A third and greater inconvenience than the other two which would and doth arise from that Form of Prayer by way of Invocation is that it doth accuse the publick Liturgy as insufficient and defective For were it thought that the Confession in the Service-book and those particular Prayers Collects Hymns Thanksgivings and Ejaculations which are therein used were either perfect in themselves or acceptable unto God to what end should we add a prayer of our own devising that were to light a Candle before the Sun and therefore they that stand upon it do in effect as much as if a man should say my Friends and Brethren make no account of any thing which you hear from the Common-prayer-book in which is nothing to be found but the voice of Man but hearken unto me and by me what the Churches say to the Spirit or as a Puritan Tradesman once served my old Chamber-fellow Mr. L. D. meeting one time by chance at Dinner my Chamber-fellow being the only Scholar in the Company was requested to say Grace which he did accordingly and having done the Tradesman whom before I spake of lifting up both his hands and whites to Heaven calls upon them saying Dearly beloved Brethren let us praise God better And thereupon began a long Grace of his own conceiving The case is just the same in the present business Nor had those Men who first invented those new Forms of Prayer obtruded them so easily upon the Church but that withal they laboured to persuade weak Men and did persuade them at the last that questionless such prayers were better and more powerful far than any by the Church appointed Now all this fear of bringing down the reputation of the Liturgy and practising to advance our private prayers above the publick are easily avoided by that Bidding of prayers enjoyed by Queen Elizabeth and King Edward VI. and before that in use in the Church of England as doth appear most plainly in King Henries time and therefore questionless it was the meaning of the Canon that it should continue And being it was the meaning of the Canon of them that made it that the said Form of Bidding prayers for avoiding the inconveniences and mischiefs before recited should be still continued the Prelates of the present times have greater reason to see it carefully and duly put in execution by how much the mischiefs and inconveniences arising from neglect thereof and from the liberty which some Men take unto themselves of praying what and how they list in the
had any thing to do in the Land at all For as I am informed by Sir Edward Coke in his Comment upon Littletons Tenures lib. 1. cap. 9. Sect. 73. fol. 58. It appeareth by the Laws and Ordinances of ancient Kings and especially of King Alfred that the first King of this Realm had all the lands of England in Demesne and les grands manours royalties they reserved to themselves and with the remnant they for the defence of the Realm enfeoffed the Barons of the Realm with such jurisdiction as the Court Baron now hath So he the professed Champion of the Common Laws And at this time it was when all the Lands in England were the Kings Demesne that Ethelwolph the second Monarch of the Saxon race his father Egbert being the first which brought the former Heptarchie under one sole Prince conferred the Tithes of all the Kingdom upon the Church by his royal Charter Of which thus Ingulph Abbot of Crowland an old Saxon Writer a Anno 855. Rex Ethelwulfus omnium Praelatorum Principum suorum qui sub ipso variis Provinciis totius Angliae praeerant gratuito Consensu tunc primo cum decimis terrarum bonorum aliorum sive catallorum universam dotavit Ecclesiam per suum Regium Chirographum Ingulph Anno 855. which was the 18. of his Reign King Ethelwulph with the consent of his Prelates and Princes which ruled in England under him in their several Provinces did first enrich the Church of England with the Tithes of all his Lands and Goods by his Charter Royal. Ethelward an old Saxon and of the blood Royal doth express it thus b Decimavit de omni possessione sua in partem Domini in universo regimine Principatus sui sic constituit Ethelward He gave the Tithe of his possessions for the Lords own portion and ordered it to be so in all the parts of the Kingdom under his command Florence of Worcester in these words c Aethelwulphus Rex decimam totius Regni sui partem ab omni Regali servitio tributo liberavit in sempiterno Graphio in Cruce Christi pro Redemptione Animae suae Praedecessorum suorum uni trino Deo immolavit Florent Wigorn. King Ethelwolfe for the Redemption of his own soul and the souls of his Predecessors discharged the tenth part of his Realm of all Tributes and Services due unto the Crown and by his perpetual Charter signed with the sign of the Cross offered it to the three-one God Roger of Hovenden hath it in the self same words and Huntingdon more briefly thus d Totam terram suam propter amorem Dei Redemptionem ad opes Ecclesiarum decimavit Henr. Huntingd. That for the love of God and the redemption of his soul he tithed his whole Dominions to the use of the Church But what need search be made into so many Authors when the Charter it self is extant in old Abbot Ingulph and in Matthew of Westminster and in the Leiger Book of the Abbey of Abingdon which Charter being offered by the King on the Altar at Winchester in the presence of his Barons was received by the Bishops and by them sent to be published in all the Churches of their several Diocesses a clause being added by the King saith the Book of Abingdon That whosoever added to the gift e Qui augere voluerit nostram donationem augeat omnipotens Deus dies ejus prosperos siquis vero mutare vel minuere praesumpserit noscat se ad Tribunal Christi redditurum rationem nisi prius satisfactione emendaverit God would please to prosper and increase his days but that if any did presume to diminish the same he should be called to an account for it at Christs Judgment-seat unless he made amends by full satisfaction In which as in some other of the former passages as there is somewhat savouring of the errour of those darker times touching the merit of good works yet the authorities are strong and most convincing for confirmation of the point which we have in hand Now that the King charged all the Lands of the Kingdom with the payment of Tithes and not that only which he held in his own possession is evident both by that which was said before from Sir Edward Coke and by the several passages of the former Authors For if all the Lands in the Kingdom were the Kings Demesnes and the King conferred the Tithes of all his Lands on the Church of God it must follow thereupon that all the Lands of the Realm were charged with Tithes before they were distributed amongst the Barons for defence of the Kingdom And that the Lands of the whole Realm were thus charged with Tithes as well that which was parted in the hands of Tenants as that which was in the occupancy of the King himself the words before alledged do most plainly evidence where it is said that he gave the tenth of all his Lands as Ingulph the Tithe of his whole Land as Henry of Huntingdon the tenth part of his whole Kingdom as in Florence of Worcester the tenth part of the Lands throughout the Kingdom in the Charter it self And finally in the Book of Abingdon the Charter is ushered in with this following Title viz. Quomodo Ethelwolfus Rex dedit decimam partem regni sui Ecclesiis that is to say how Ethelwolf gave unto the Church the tenth part of his Kingdom This makes it evident that the King did not only give de facto the Tithe or the tenth part of his whole Realm to the use of the Clergy but that he had a right and a power to do it as being not only the Lord Paramount but the Proprietary of the whole Lands the Lords and great Men of the Realm not having then a property or estates of permanency but as accomptants to the King whose the whole land was And though it seems by Ingulph their consents were asked and that they gave a free consent to the Kings Donation yet was this but a matter of Form and not simply necessary their approbation and consent being only asked either because the King was not willing to do any thing to the disherison of his Crown without the liking and consent of the Peers or that having their consent and approbation they should be barred from pleading any Tenant-right and be obliged to stand in maintenance and defence thereof against all pretenders And this appears yet further by a Law of King Athelstanes made in the year 930 about which time not only the Prelates of the Church as formerly but the great Men of the Realm began to be setled in Estates of permanency and to claim a property in those Lands which they held of the Crown and claiming so begun it seems to make bold to subduct their Tithes For remedy whereof the King made this Law commanding all his Ministers throughout the Kingdom that in the first place they should pay the Tithes
as well upon the Saturday as upon the Sunday it is now time we turned our course and set sail for England where we shall find as little of it as in other places until that forty years ago no more some men began to introduce a Sabbath thereunto in hope thereby to countenance and advance their other projects CHAP. VII In what estate the Lords day stood in this Isle of Brittain from the first Planting of Religion to the Reformation 1. What doth occur about the Lords day and the other Festivals amongst the Churches of the Brittains 2. Of the estate of the Lords day and the other Holy-days in the Saxon Heptarchy 3. The honours done unto the Sunday and the other Holy-days by the Saxon Monarchs 4. Of the publick actions Civil Ecclesiastical mixt and Military done on the Lords day under the first six Norman Kings 5. New Sabbath Doctrins broached in England in King Johns Reign and the miraculous original of the same 6. The prosecution of the former story and ill success therein of the undertakers 7. Restraint of worldly business on the Lords day and the other Holy-days admitted in those times in Scotland 8. Restraint of certain servile works on Sundays Holy-days and the Wakes concluded in the Council of Oxon under Henry III. 9. Husbandry and Legal process prohibited on the Lords day first in the Reign of Edward III. 10. Selling of Wools on the Lords day and the solemn Feasts forbidden first by the said King Edward as after Fairs and Markets generally by King Henry VI. 11. The Cordwainers of London restrained from selling their Wares on the Lords day and some other Festivals by King Edward IV. and the repealing of that Act by King Henry VIII 12. In what estate the Lords day stood both for the doctrine and the practice in the beginning of the Reign of the said King Henry AND now at last we are for England that we may see what hath been done amongst our selves in this particular and thereby be the better lessoned what we are to do For as before I noted the Canons of particular Churches and Edicts of particular Princes though they sufficiently declare both what their practice and opinion was in the present point yet are no general rule nor prescript to others which lived not in the compass of their Authority Nor can they further bind us as was then observed than as they have been since admitted into our Church or State either by adding them unto the body of our Canon or imitating them in the composition of our Acts and Statutes Only the Decretals of the Popes the body of their Canon Law is to be excepted which being made for the direction and reiglement of the Church in general were by degrees admitted and obeyed in these parts of Christendome and are by Act of Parliament so far still in force as they oppose not the Prerogative Royal or the municipal Laws and Statutes of this Realm of England Now that we may the better see how it hath been adjudged of here and what hath been decreed ordome touching the Lords day and the other Holy-days we will ascend as high as possibly we can even to the Church and Empire of the Brittains Of them indeed we find not much and that delivered in as little it being said of them by Beda Hist l. 1. c. 8. that in the time of Constantine they did dies festos celebrare observe those Holy-days which were then in use which as before we said were Easter Whitsontide the Feasts of Christs Nativity and his Incarnation every year together with the Lords day weekly And yet it may be thought that in those times the Lords day was not here of any great account in that they kept the Feast of Easter after the fashion of the Churches in the Eastern parts decima quarta luna on what day of the week soever which certainly they had not done had the Lords day obtained amongst them that esteem which generally it had found in the Western Churches And howsoever a late writer of Ecclesiastical History endeavour to acquit the Brittains of these first Ages from the erroneous observation of that Feast Brought hist l. 4. c. 13. and make them therein followers of the Church of Rome yet I conceive not that his proofs come home to make good his purpose For where it is his purpose to prove by computation that that erroneous observation came not in amongst the Brittains till 30 years before the entrance of S. Austin and his associates into this Island and for that end hath brought a passage out of Beda touching the continuance of that custom It 's plain that Beda speaks not of the Brittish but the Scottish Christians Permansit autem apud eos the Scottish-Irish Christians as himself confesseth hujusmodi observantia Paschalis tempore non pauco hoc est usque ad annum Domini 717. per annos 150. which was as he computes it somewhat near the point but 30 years before the entrance of that Austin Now for the Scots it is apparent that they received not the faith till the year of Christ 430 not to say any thing of the time wherein they first set footing in this Island which was not very long before and probably might about that time of which Beda speaks receive the custom of keeping Easter from the Brittains who were next neighbours to them and a long time lived mingled with them But for the Brittains it is most certain that they had longer been accustomed to that observation though for the time thereof whether it came in with the first plantation of the Gospel here we will not contend as not pertaining to the business which we have in hand Suffice it that the Brittains anciently were observant of those publick Festivals which had been generally entertained in the Church of God though for the time of celebrating the Feast of Easter they might adhere more unto one Church than unto another As for the Canon of the Council of Nice Anno 198. which is there alledged Baronius rightly hath observed out of Athanasius that notwithstaning both the Canon and the Emperours Edicts thereupon tamen etiam postea Syros Cilices Mesopotamios in eodem errore permansisse the Syrians Cilicians and Mesopotamians continued in their former errours And why not then the Brittains which lay farther off as well as those that dwelt so near the then Regal City Proceed we next unto the Saxons who as they first received the faith from the Church of Rome so did they therewithal receive such institutions as were at that time generally entertained in the Roman Church the celebration of the Lords day and the other Festivals which were allowed of and observed when Gregory the Great attained the Popedom And here to take things as they lie in order we must begin with a narration concerning Westminster which for the prettiness of the story I will here insert Sebert the first Christian King of the East Saxons
to slaves and such as were in service unto other men viz. the twelve days after Christs Nativity dies ille quo Christus subegit diabolum the day wherein our Saviour overcame the Devil the Festival of Saint Gregory seven days before Easter and as many after the Festival day of Saint Peter and Paul the week before our Lady day in Harvest All Hallowtide and the four Wednesdays in the Ember-weeks Where note how many other days were priviledged in the self-same manner as the Lords day was in case that be the day then spoken of wherein our Saviour overcame the Devil as I think it is as also that this priviledg extended unto Freemen only servants and bondmen being left in the same condition as before they were to spend all days alike in their Masters businesses This Alured began his Reign Anno 871. and after him succeeded Edward surnamed the Elder in the year 900. who in a league between himself and Gunthrun King of the Danes in England did publickly on both sides prohibit as well all markettings on the Sunday as other kind of work whatsoever on the other Holy days Dacus si die Dominico quicquam fuerit mercatus reipsa Oris praeterea 12 mulctator Anglus 30 solidos numerato c. If a Dane bought any thing on the Lords day he was to forfeit the thing bought and to pay 12 Oras every Ora being the fifteenth part of a pound an Englishman doing the like to pay 30 shillings A Freeman if he did any work die quocunque festo on any of the Holy days was forthwith to be made a Bondman or to redeem himself with Money a Bondslave to be beaten for it or redeem his beating with his Purse The Master also whether that he were Englishman or Dane if he compelled his servants to work on any of the Holy days was to answer for it So when it had been generally received in other places to begin the Sunday-service on the Eve before it was enacted by King Edgar surnamed the Peaceable who began his Reign An. 959. diem Sabbati ab ipsa die Saturni hora pomeridiana tertia usque in lunaris diei diluculum festum agitari that the Sabbath should begin on Saturday at three of the clock in the afternoon and not as Fox relates it in his Acts and Monuments at nine in the morning and so hold on till day break on Monday Where by the way though it be dies Sabbati in the Latin yet in the Saxon Copy it is only Healde the Holy day After this Edgars death the Danes so plagued this Realm that there was nothing setled in it either in Church or State till finally they had won the Garland and obteined the Kingdom The first of these Canutus an heroick Prince of whom it is affirmed by Malmesbury omnes leges ab antiquis regibus maxime sub Etheldredo latas that he commanded all those Laws to be observed which had been made by any of the former Kings and those before remembred amongst the rest of which see the 42. of his Constitutions especially by Etheldred his predecessour and that upon a grievous mulct to be laid on such who should disobey them These are the Laws which afterwards were called K. Edwards non quòd ille statuerit sed quòd observarit not because he enacted them but that he caused them to be kept Of these more anon Besides which Laws so brought together there were some others made at Winchester by this King Canutus and amongst others this that on the Lords day there should be no markettings no Courts or publick meetings of the people for civil businesses Leg. 14.15 as also that all men abstein from Hunting and from all kind of earthly work Yet was there an exception too nisi flagitante necessitate in cases of necessity wherein it was permitted both to buy and sell and for the people to meet together in their Courts For so it passeth in the Law Die Dominico mercata concelebrari populive conventus agi nisi flagitante necessitate planissime vetamus ipso praeterea die sacrosancto à venatione opere terreno prorsus omni quisque abstineto Not that it is to be supposed as some would have it that he intended Sunday for a Sabbath day for entring on the Crown A. 1017. he did no more than what had formerly been enacted by Charles the Great and several Councils after him Lib. 6. c. 29. none of which dreamed of any Sabbath Besides it is affirmed of this Canutus by Otho Frisingensis that in the year 1027. he did accompany the Emperor Conrade at his Coronation on an Easter day which questionless he would not have done knowing those kind of Pomps to be meerly civil and to have in them much of ostentation had he intended any Sabbath when he restrained some works on Sunday But to make sure work of it without more ado the Laws by him collected which we call St. Edwards make the matter plain where Sunday hath no other priviledg than the other Feasts and which is more is ranked below them The Law is thus entituled Rog. de Hoveden in Henri◠secundo De temporibus diebus pacis Domini Regis the Text as followeth Ab adventu Domini usque ad octavam Epiphaniae pax Dei Ecclesiae per omne regnum c. From Advent to the Octavei of Epiphanie Let no mans Person be molested nor no Suit be pursued the like from Septuagesima to Low-sunday and so from Holy Thursday to the next Sunday after Whitsontide Item omnibus Sabbatis ab hora nona usque ad diem Lunae c. The like on Saturdays from three in the afternoon until Monday morning as also on the Eves of the Virgin Mary S. John the Baptist all the holy Apostles of such particular Saints whose Festivals are published in the Churches on the Sunday mornings the Eve of All Saints in November from three of the clock till the solemnity be ended As also that no Christian be molested going to Church for his Devotions or returning thence or travelling to the dedication of any new erected Church or to the Synods or any publick Chapter meeting Thus was it with the Lords day as with many others in S. Edwards Laws which after were confirmed and ratified by King Henry the second after they had long been neglected Now go we forwards to the Normans and let us see what care they took about the sanctifying of the Lords day whether they either took or meant it for a Sabbath And first beginning with the Reign of the first six Kings we find them times of action and full of troubles as it doth use to be in unsetled States no Law recorded to be made touching the keeping of this day but many actions of great note to be done upon it These we will rank for orders sake under these five Heads 1. Coronations 2. Synods Ecclesiastical 3. Councils of Estate 4. Civil business and 5.
themselves to prayer and Gods publick service Particularly Fitz-Herbert tells us that no plea shall be holden Quindena Paschae Nat. Brevium fol. 17. 1 Eli◠p. 168. because it is always on the sunday but it shall be holden crastino quindenae paschae on the morrow after So Justice Dyer hath resolved that if a Writ of scire facias out of the Common-pleas bear Test on a Sunday it is an errour because that day is not dies juridicus in Banco And so it is agreed amongst them that on a Fine levied with Proclamations according to the Statute of King Henry VII if any of the Proclamations be made on the Lords day all of them are to be accounted erroneous Acts. But to return unto the Canon where before we left however that Archbishop Langton formerly and Islip at the present time had made these several restraints from all servile labours yet they were far enough from entertaining any Jewish fancy The Canon last remembred that of Simon Islip doth express as much But more particularly and punctually we may find what was the judgment of these times in a full declaration of the same in a Synod at Lambeth what time John Peckham was Archbishop which was in Anno 1280. Lindw l. 1. tit de offic Archipresb It was thus determined Sciendum est quod obligatio ad feriandum in Sabbato legali expiravit omnino c. It is to be understood that all manner of obligation of resting on the legal Sabbath as was required in the Old Testament is utterly expired with the other ceremonies And it is now sufficient in the New Testament to attend Gods service upon the Lords days and the other Holy days ad hoc Ecclesiastica authoritate deputatis appointed by the Church to that end and purpose The manner of sanctifying all which days non est sumendus à superstitione Judaica sed à Canonicis institutis is not to be derived from any Jewish superstition but from the Canons of the Church This was exact and plain enough and this was constantly the doctrine of the Church of England Joannes de Burgo who lived about the end of K. Henry VI. doth almost word for word resolve it so in his Pupilla oculi part 10. c. 11. D. Yet find we not in these restraints that Marketting had been forbidden either on the Lords day or the other Holy days and indeed it was not that came in afterwards by degrees partly by Statutes of the Realm partly by Canons of the Church not till all Nations else had long laid them down For in the 28 of King Edward III. cap 14. it was accorded and established that shewing of Wools shall be made at the Stapie every day of the week except the Sunday and the solemn Feasts in the year This was the first restraint in this kind with us here in England and this gives no more priviledge to the Lords day than the solemn Festivals Antiq. Brit. in Stafford Nor was there more done in it for almost an hundred years not till the time of Henry VI. Anno 1444. what time Archbishop Stafford decreed throughout his Province ut nundina emporia in Ecclesiis aut Coemiteriis diebusque Dominicis atque Festis praeterquam tempore messis non teneantur that Fairs and Markets should no more be kept in Churches and Church-yards or on the Lords days or the other Holy-days except in time of Harvest only If in that time they might be suffered then certainly in themselves they were not unlawful on any other further than as prohibited by the higher powers Now that which the Archbishop had decreed throughout his Province Tabians Chronicle Catworth Lord Mayor of London attempted to exceed within that City For in this year saith Fabian Anno 1444. an Act was made by Authority of the Common Council of London that upon the Sunday should no manner of thing within the franchise of the City be bought or sold neither Victual nor other thing nor no Artificer should bring his Ware unto any man to be worn or occupied that day as Taylers Garments and Cordwayners Shooes and so likewise all other occupations But then it followeth in the story the which Ordinance held but a while enough to shew by the success how ill it doth agree with a Lord Mayor to deal in things about the Sabbath Afterwards in the year 1451. which was the 28 of this Henries Reign it pleased the King in Parliament to ratifie what before was ordered by that Archbishop in this form that followeth 28. H. 6. c. 16. Considering the abominable injuries and effences done to Almigvty God and to his Saints always ayders and finguler affistants in our necessities by the necasion of Fairs and Marhets upon their high and principal Feasts as in the Feast of the Ascension of our Lord. in the day of Corpus Christi in the day of Whitsunday Trinity Sunday and other Sundays as also in the high Feast of the Assumption of our Blessed Lady the day of all Saints and on Good Friday accustomably and miserably holden and used in the Keaim of England c. our Soveraign Lord the King c. hath ordained that all manner of Fairs and Markets on the said principal Feasts and Sundays and Good Friday shall clearly cease from all shewing of any Goods and Merchandises necessary Victual only ercept which yet was more than was allowed in the City-Act upon pain of forfeiture of all the goods aforesaid to the Lord of the franchise or liverty where such goods be or shall be she wed contrary to this Ordinance the four Sundays in Harvest except Which clause or reservation sheweth plainly that the things before prohibited were not esteemed unlawful in themselves as also that this Law was made in confirmation of the former order of the Archbishop as before was said Now on this Law I find two resolutions made by my Lords the Judges First Justice Brian in the 12th of King Edward the fourth declared that no sale made upon a Sunday though in a Fair or Market-overt for Markets as it seemeth were not then quite laid down though by Law prohibited shall be a good sale to alter the property of the goods And Ploydon in the time of Queen Elizabeth was of opinion Daltons Justice cap. 27. that the Lord of any Fair or Market kept upon the Sunday contrary to the Statute may therefore be indicted for the King or Queen either at the Assizes or general Goal delivery or Quarter Sessions within that County If so in case such Lord may be Endicted for any Fair or Market kept upon the sunday as being contrary to the Statute then by the same reason may he be Endicted for any Fair or Market kept on any of the other Holy-days in that Statute mentioned Nor staid it here For in the 1465. which was the fourth year of King Edward IV. it pleased the King in Parliament to Enact as followeth Our Soveraign Lord the
of Trinity Colledge in Cambridge in a Letter to the late Archbishop Cont. Dom. p. 167. bearing date Decemb. 15. 1630. in which he writes that their Doctrines of Predestination is the root of Puritanism and Puritanism is the root of all Rebellions and disobedient untractableness in Parliaments c. and of all Schism and saweiness in the Countrey nay in the Church it self making many thousands of our People and too great a part of the Gentlemen of the Land very Leightons in their hearts which Leighton had published not long before a most pestilent and seditious Book against the Bishops called Sions Plea in which he excited the People to strike the Bishops under the fifth rib reviling the Queen by the name of a Daughter of Heth and for the same was after censured in the Star-Chamber to Pillory loss of Ears c. But because perhaps it may be said that this is but a new device excogitated by the malice of these later times to defame this doctrine Answer to a certain Lett. p. 38. let us behold what Campneys hath delivered of it in the first or second year of Queen Eliz. at the first peeping of it out to disturb this Church Where saith he who seeth not the distraction of England to follow this Doctrine Who seeth not the confusion of all Common-wealths to depend hereupon What Prince may sit safely in the seat of his Kingdom What subject may live quietly possessing his own What man shall be ruled by the right of Law If these Opinions may be perfectly placed in the hearts of the People Which Corollary he brings in in the end of a discourse touching the Rebellion raised by Martin Cyrnel and seconded by the Earl of Lincoln Martin Swarth and others against Hen. VII For building on the Culvinian Maxim that as God doth appoint the end so he appointeth also the means and causes which lead unto it he thereupon inferreth that Martin Swarth and his men according to that Doctrine were destined by God to be slain at the Batrel of Stoke In order whereunto first Sir Richard Simon the Priest must be appointed and predestinate of God to pour in the pestilent poyson of privy Conspiracy and trayterous mischief of vain glory into the heart of Lambert his Scholar as a cause leading to the same end Secondly Ibid. p. 38. That he the said Lambert was appointed and predestinate of God to consent and agree unto the pestiferous persuasion of his Master S. Richard in the pride of Lucifer to aspire unto the Royal Throne as another cause leading to the same end which God ordained Thirdly That the Irish men were appointed of God to be Rebellious Traytors against their Soveraign Lord the King of England and to maintain the false and filthy quarrel of Lambert as another cause leading to the same end Fourthly That in order to the said end the Lady Margaret Sister to K. Edw. IV. was appointed and predestinate of God to be a Traytoress to England and to imploy all her wits forces and power to the utter destruction of her natural Countrey And fifthly in particular that the said Lady Margaret was appointed of God to hire the said Martin Swarth and his men to invade the Realm of England Sixthly and finally that the said Martin Swarth the Earl of Lincoln the Lord Lorel the Lord Gerrard and divers others Captains of the Rebels were appointed and predestinate of God to be of such valiant courage in maintaining the false quarrel of trayterous Lambert that they were slain and on the other side many a brave English mans blood was shed at the Battel of Stoke which was the end of this woful Tragedy Let them say therefore what they can or will this meer necessity which our men teach is the very same which the Stoicks did hold which opinion because it destroyed the state of a Common-wealth was banished out of Rome as St. Augustine declareth in lib. Quaest Vet. Nov. Testam And thus the different judgments of all the other Western Churches and the several Subdivisions of them in the five controverted Points being laid together with such discourses and disputes as have occasionally been made and raised about them we will next shew to which of the said differing parties the Church of England seems most inclinable and afterwards proceed in the story of it Historia Quinqu-Articularis OR A DECLARATION Of the Judgment of the WESTERN-CHVRCHES And more particularly of the CHURCH of ENGLAND In the Five Controverted Points PART II. Containing the Judgment of the Church of England and the most Eminent Divines thereof in the Reign of King Henry VIII and King Edward VI. CHAP. VII An Introduction to the Doctrine of the Church of England in the Points disputed with the Removal of some rubs which are laid in the way 1. The Doctrine of the Homilies concerning the Endowments of man at his first Creation 2. His miserable fall 3. And the promised hopes of his Restitution in the Lord Christ Jesus 4. A general Declaration of the judgment of the Church of England in the points disputed exemplified in the story of Agilmond and Lamistus Kings of Lombardy 5. The contrary judgment of Wicklif objected answered and applied to all modern Heresies 6. A general answer to the like Argument pretended to be drawn from the Writings of Frith Tyndal and Barns But more particularly 7. The judgment of Dr. Barns in the present points and the grounds on which he builded the same 8. Small comfort to be found from the works of Tyndal in favour of the Calvinian Doctrines 9. The falsifyings of John Frith and others in the Doctrine of Predestination reproved by Tyndal 10. A parallel between some of our first Martyrs and the blind man restored to sight in the eighth of Saint Mark. BEing therefore in the next place to declare the Judgment of the Church of England I shall prepare the way by laying down her publick Doctrine touching the Fall of Adam and the Restitution of man-kind in Jesus Christ that having cleared God from being the Author of sin and having laid a sure foundation for the Restitution of Mankind to Gods grace and favour and consequently to the hopes of Eternal Life we may proceed with more assurance to the rest that followeth Hom. of the Nativity fol. 167. And this we cannot better do than by laying down the words of the Homily concerning the Nativity and Birth of our Lord and Saviour Jesus Christ where we find it thus Among all the Creatures saith the Homily that God made in the beginning of the world most excellent and wonderful in their kind there was none as the Scripture beareth witness to be compared almost in any point unto man who as well in body as soul exceedeth all other no less than the Sun in brightness and light exceedeth every bright and little Star in the Firmament He was made according to the similitude and Image of God he was endued with all kind
Archbishop Cranmer Bishop Ridley Bishop Hooper c. 9. The Doctrine delivered in the Book of Articles touching the five controverted points 10. An answer to the Objection against these Articles for the supposed want of Authority in the making of them 11. An Objection against King Edwards Catechism mistaken for an Objection against the Articles refelled as that Catechism by John Philpot Martyr and of the delegating of some powers by that Convocation to a choice Committee 12. The Articles not drawn up in comprehensive or ambiguous terms to please all parties but to be understood in the respective literal and Grammatical sense and the Reasons why I Have the longer stood upon the answering of this Objection to satisfie and prevent all others of the like condition in case it should be found on a further search that any of our godly Martyrs or learned Writers who either suffered death before the Reign of Edward VI. or had no hand in the carrying on of the Reformation embraced any opinions in Doctrine or Discipline contrary to the established Rules of the Church of England For otherwise as we must admit all Tyndals Heterodoxies and Friths high flying conceits of Predestination which before we touch'd at so must we also allow a Parity or an Identity rather in Priests and Bishops because John Lambert another of our Godly Martyrs did conceive so of it In the primitive Church saith he there were no more Officers in the Church of God than Bishops and Deacons that is to say Ministers as witnesseth beside Scripture S. Hierom in his Commentaries on the Epistles of S. Paul Whereas saith he that those whom we now call Priests were all one and no other but Bishops and the Bishops no other but Priests men ancient both in age and learning so near as could be chosen nor were they instituted and chosen as they be now a days the Bishop and his Officer only opposing them whether they can construe a Collect but they were chosen also with the consent of the people amongst whom they were to have their living as sheweth S. Cyprian But alack for pity such elections are banished and new fashions brought in By which opinion if it might have served or a Rule to the Reformation our Bishops must have been reduced to the rank of Priests and the right of Presentation put into the hands of the people to the Destruction of all the Patrons in the Kingdom If then the question should be asked as perhaps it may On whom or on whose judgment the hrst Reformers most relied in the weighty business I answer negatively First That they had no respect of Calvin no more than to the judgement of Wicklef Tyndal Barns or Frith whose offered assistance they refused when they went about it of which he sensibly complained unto some of his friends as appears by one of his Epistles I answer next affirmatively in the words of an Act of Parliament 2. 3. Edw. 6. where it is said That they had an eye in the first place to the more pure and sincere Christian Religion taught in the Scriptures and in the next place to the usages of the Primitive Church Being satisfied in both which ways they had thirdly a more particular respect to the Lutheran Plat-forms the English Confession or Book of Articles being taken in many places word for word out of that of Ausberg and a conformity maintained with the Lutheran Churches in Rites and Ceremonies as namely in kneeling at the Communion the Cross in Baptism the retaining of all the ancient Festivals the reading of the Epistles and Gospels on Sundays and Holy-days and generally in the whole Form of External Worship Fourthy in reference to the points disputed they ascribed much to the Authority of Melancthon not undeservedly called the Phoenix of Germany whose assistance they earnestly desired whose coming over they expected who was as graciously invited hither by King Edward the Sixth Regiis literis in Angliam vocari as himself affirms in an Epistle to Camerarius His coming laid aside upon the fall of the Duke of Sommerset and therefore since they could not have his company they made use of his writings for their direction in such points of Doctrine in which they though it necessary for the Church to declare her judgment I observe finally That as they attributed much to the particulars to the Authority of Melancthon so they ascribe no less therein unto that of Erasmus once Reader of the Greek Tongue in Cambridge and afterwards one of the Professors of Divinity there whose Paraphrases on the four Evangelists being translated into English were ordered to be kept in Churches for the use of the People and that they owned the Epistles to be studied by all such as had cure of souls Concerning which it was commanded by the injunctions of King Edward VI. published by the advice of the Lord Protector Somerset and the Privy Council Acts and Mon. fol. 1181. in the first year of the said Kings Reign 1. That they should see provided in some most convenient and open place of every Church one great Bible in English with the Paraphrase of Erasmus in English that the People might reverently without any let read and hear the same at such time as they listed and not to be inhibited therefrom by the Parson or Curate but rather to be the more encouraged and provoked thereunto And 2. That every Priest under the degree of a Batchellour of Divinity should have of his own one New Testament in English and Latine with the Paraphrases of Erasmus upon the same and should diligently read and study thereupon and should collect and keep in memory all such comfortable places of the Scripture as do set forth the Mercy Benefits and Goodness of Almighty God towards all penitent and believing persons that they might thereby comfort their flock in all danger of death despair or trouble of Conscience and that therefore every Bishop in their Institution should from time to time try and examine them how they have profited in their studies A course and care not likely to have entred into the thoughts of the Lord Protector or any of the Lords of the Council if it had not been advised by some of the Bishops who then began to have an eye on the Reformation which soon after followed and as unlikely to be counselled and advised by them had they intended to advance any other Doctrine than what was countenanced in the Writings of that Learned man Whereupon I conclude the Doctrine of the points disputed to be the true and genuine Doctrine of the Church of England which comes most near to the plain sense of holy Scripture the general current of the Fathers in the Primitive times the famous Augustane Confession the Writings of Melancthon and the Works of Erasmus To which Conclusion I shall stand till I find my self encountred by some stronger Argument to remove me from it The ground thus laid I shall proceed unto the Reformation
say the Lord Protector and the rest of the Privy Council acting in his Name and by his Authority performed by Archbishop Cranmer and the other six before remembred assisted by Thirdby Bishop of Winchester Day Bishop of Chichester Ridley Bishop of Rochester Taylor then Dean after Bishop of Lincoln Redman then Master of Trinity Colledge in Cambridge and Hains Dean of Exeter all men of great abilities in their several stations and finally confirmed by the King the Lords Spiritual and Temporal and the Commons in Parliament Assembled 23 Edw. VI. In which Confirmatory act it is said expresly to have been done by the especial aid of the Holy Ghost which testimony I find also of it in the Acts and Monuments fol 1184. But being disliked by Calvin who would needs be meddling in all matters which concerned Religion and disliked it chiefly for no other reason as appears in one of his Epistles to the Lord Protector but because it savoured too much of the ancient Forms it was brought under a review the cause of the reviewing of it being given out to be no other than that there had risen divers doubts in the Exercise of the said Book for the fashion and manner of the Ministration though risen rather by the curiosity of the Ministers and Mistakers than of any other cause 5 6 Edw. 6. cap. 1. The review made by those who had first compiled it though Hobeach and Redman might be dead before the confirmation of it by Act of Parliament some of the New Bishops added to the former number and being reviewed was brought into the same form in which now it stands save that a clause was taken out of the Letany and a sentence added to the distribution of the blessed Sacrament in the first year of Queen Elizabeth and that some alteration was made in two or three of the Rubricks with an addition of Thanksgiving in the end of the Letany as also of a Prayer for the Queen and the Royal Issue in the first of King James At the same time and by the same hands which gave us the first Liturgy of King Edward VI. was the first Book of Homilles composed also in which I have some cause to think that Bishop Latimer was made use of amongst the rest as one who had subscribed the first other two books before mentioned as Bishop of Worcester Ann. 1537. and ever since continued zealous for a Reformation quitting in that respect such a wealthy Bishoprick because he neither would nor could conform his judgment to the Doctrine of the six Articles Authorized by Parliament For it will easily appear to any who is conversant in Latimers writings and will compare them carefully with the book of Homilies that they do not only savour of the same spirit in point of Doctrine but also of the same popular and familiar stile which that godly Martyr followed in the course of his preachings for though the making of these Homilies be commonly ascribed and in particular by Mr. Fox to Archbishop Cranmer yet it is to be understood no otherwise of him thad than it was chiefly done by encouragement and direction not sparing his own hand to advance the work as his great occasions did permit That they were made at the same time with King Edwards first Liturgy will appear as clearly first by the Rubrick in the same Liturgy it self in which it is directed Let. of Mr. Bucer to the Church of England that after the Creed shall follow the Sermon or Homily or some portion of one of them as they shall be hereafter divided It appears secondly by a Letter writ by Martin Bucer inscribed To the holy Church of England and the Ministers of the same in the year 1549. in the very beginning whereof he lets them know That their Sermons or Homilies were come to his hands wherein they godlily and effectually exhort their people to the reading of Holy Scripture that being the scope and substance of the first Homily which occurs in that book and therein expounded the sense of the faith whereby we hold our Christianity and Justification whereupon all our help censisteth and other most holy principles of our Religion with most godly zeal And as it is reported of the Earl of Gondomar Ambassador to King James from the King of Spain that having seen the elegant disposition of the Rooms and Offices in Burleigh House not far from Stanford erected by Sir William Cecil principal Secretary of State and Lord Treasurer to Queen Elizabeth he very pleasantly affirmed That he was able to discern the excellent judgment of the great Statesman by the neat contrivance of his house So we may say of those who composed this book in reference to the points disputed A man may easily discern of what judgment they were in the Doctrine of Predestination by the method which they have observed in the course of these Homilies Beginning first with a discourse of the misery of man in the state of nature proceeding next to that of the salvation of man-kind by Christ our Saviour only from sin and death everlasting from thence to a Declaration of a true lively and Christian saith and after that of good works annexed unto faith by which our Justification and Salvation are to be obtained and in the end descending unto the Homily bearing this inscription How dangerous a thing it is to fall from God Which Homilies in the same form and order in which they stand were first authorized by King Edward VI. afterwards tacitly approved in the Rubrick of the first Liturgy before remembred by Act of Parliament and finally confirmed and ratified in the book of Articles agreed upon by the Bishops and Clergy of the Convocation Anno 1552. and legally confirmed by the said King Edward Such were the hands and such the helps which co-operated to the making of the two Liturgies and this book of Homilies but to the making of the Articles of Religion there was necessary the concurrence of the Bishops and Clergy Assembled in Convocation in due form of Law amongst which there were many of those which had subscribed to the Bishops book Anno 1537. and most of those who had been formerly advised with in the reviewing of the book by the Commandment of King Henry VIII 1543. To which were added amongst others Dr. John Point Bishop of Winchester an excellent Grecian well studied with the ancient Fathers and one of the ablest Mathematicians which those times produced Dr. Miles Coverdale Bishop of Exon who had spent much of his time in the Lutheran Churches amongst whom he received the degree of Doctor Mr. John Story Bishop of Rochester Ridley being then preferred to the See of London from thence removed to Chichester and in the end by Queen Elizabeth to the Church of Hereford Mr. Rob. Farran Bishop of St. Davids and Martyr a man much favoured by the Lord Protector Sommerset in the time of his greatness and finally not to descend to those of the lower
Christ came to be a Lamb without spot who by the Sacrifice of himself once made should take away the sins of the world Than which there can be nothing more conducible to the point in hand And to this purpose also when Christ our Saviour was pleased to Authorize his Holy Apostles to preach the good Tidings of Salvations he gave them both a Command and a Commission To go unto all the World and preach the Gospel to every Creature Mark 16.15 So that there was no part of the World nor any Creature in the same that is to say no rational Creature which seems to be excluded from a Possibility of obtaining Salvation by the Preaching of the Gospel to them if with a faith unfeigned they believe the same which the Church further teacheth us in this following Prayer appointed to be used in the Ordering of such as are called to the Office of the holy Priesthood viz. Almighty God and Heavenly Father which of thine Infinite Love and Goodness toward us hast given to us thy only and most Dear Beloved Son Jesus Christ to be our Redeemer and Author of Everlasting Life who after he had made perfect our Redemption by his Death and was ascended into Heaven sent forth abroad into the world his Apostles Prophets Evangelists Doctors and Pastors by whose labour and Ministry he gathered together a great Flock in all the parts of the World to set forth the Eternal Praise of his Holy Name For these so great Benefits of thy Eternal Goodness and for that thou hast vouchsafed to call thy Servant here present to the same Office and Ministry of Salvation of Mankind we render unto thee most hearty thanks and we worship and praise thee and we humbly beseech thee by the same thy Son to grant unto all which either here or elsewhere call upon thy Name that we may shew our selves thankful to thee for these and all other thy benefits and that we may daily increase and go forward in the knowledg and faith of thee and thy Son by the Holy Spirit So that as well by these thy Ministers as by them to whom they shall be appointed Ministers thy Holy Name may be always glorified and thy Blessed Kingdom enlarged through the same thy Son our Lord Jesus Christ who liveth and reigneth with thee in the Vnity of the same Holy Spirit world without end Amen Which Form in Ordering and Consecrating Bishops Priests and Deacons I note this only by the way being drawn up by those which had the making of the first Liturgy of King Edward the sixth and confirmed by Act of Parliament in the fifth and sixth of the said King was afterwards also ratified by Act of Parliament in the eighth year of Queen Elizabeth and ever since hath had its place amongst the publick Monuments and Records of the Church of England To these I shall only add one single testimony out of the Writings of each of the three godly Martyrs before remembred the point being so clearly stated by some of our Divines commonly called Calvinists though not by the Outlandish also that any longer insisting on it may be thought unnecessary First then Bishop Cranmer tells us in the Preface to his Book against Gardiner of Winchester aforementioned That our Saviour Christ according to the will of his Eternal Father when the time thereof was fully accomplished taking our Nature upon him came into this World from the high Throne of his Father to declare unto miserable Sinners the Goodness c. To shew that the time of Grace and Mercy was come to give light to them that were in darkness and in the shadow of death and to preach and give Pardon and full Remission of sin to all his Elected And to perform the same he made a Sacrifice and Oblation of his body upon the Cross which was a full Redemption Satisfaction and Propitiation for the sins of the whole World More briefly Bishop Latimer thus The Evangelist saith When Jesus was born c. Serm. 1. Sund. after Epiph. What is Jesus Jesus is an Hebrew word which signifieth in our English Tongue a Saviour and Redeemer of all Mankind born into the World This Title and Name To save appertaineth properly and principally unto him for he saved us else had we been lost for ever Bishop Hooper in more words to the same effect That as the sins of Adam Pref. to the ten Commandments without Priviledg or Exemption extended and appertained unto all and every of Adams Posterity so did this Promise of Grace generally appertain as well to every and singular of Adams Posterity as to Adam as it is more plainly expressed where God promiseth to bless in the seed of Abraham all the people of the World Next for the point of Vniversal Vocation and the extent of the Promises touching life Eternal besides what was observed before from the Publick Liturgy we find some Testimonies and Authorities also in the Book of Homilies In one whereof it is declared That God received the learned and unlearned and casteth away none Hom. of Holy Scrip. p. 5. but is indifferent unto all And in another place more largely that the imperfection or natural sickness taken in Adam excludeth not that person from the promise of God in Christ except we transgress the limits and bounds of this Original sin by our own folly and malice If we have Christ then have we with him Hom. against fear of death p. 62. and by him all good things whatsoever we can in our hearts wish or desire as Victory over death sin hell c. The truth hereof is more clearly evidenced in the Writings of the godly Martyrs so often mentioned as first of Bishop Latimer who discourseth thus We learn saith he by this sentence that multi sunt vocati that many are called c. that the preaching of the Gospel is universal that it appertaineth to all mankind Serm. Septure that it is written in omnem terram exivit sonus eorum through the whole world their sound is heard Now seeing that the Gospel is universal it appeareth that he would have all mankind be saved that the fault is not in him if they be damned for it is written thus Deus vult omnes homines salvos fieri God would have all mankind saved his salvation is sufficient to save all mankind Thus also in another place That the promises of Christ our Saviour are general they appertain to all mankind He made a general Proclamation saying Qui credit in me 1 Serm Lincol habet vitam aeternam Whosoever believeth me hath eternal life And not long after in the same Sermon That we must consider wisely what he saith with his own mouth Venite and me omnes Hook pres to Commo c. Mark here he saith mark here he saith Come all ye wherefore should any body despair or shut out himself from the promises of Christ which be general and appertain to the whole
works of the spirit 2. More plainly doth he speak in the second place of Universal Redemption Id. in cap. 1 6. telling us that all men which either for their Original sin or for their Actual sin were out of Gods favour and had offended God should by Christ only be reconciled to Gods favour and have remission of their sins and be made partakers of everlasting life that Christs death was a full and sufficient satisfaction for the sins of the whole World Id Ibid. 〈◊〉 1. and for all them that shall be sanctified and saved that Christ by his death once for all Id. Ibid. 〈…〉 hath fully and perfectly satisfied for the sins of all men and finally that there re this is an undoubted truth ever to be believed of all Christians that Christ by his Passion and Death hath taken away all the sins of the World In the next place he puts the question with reference to the application of so great a benefit for what causes God would not have his Word preached unto the Gentiles till Christs time and makes this answer thereunto First That it is a point not to be too curiously searched or enquired after Secondly That it is enough for us to know that it was so ordered by Gods Will Id. Ibid. G. 2 3. But thirdly That it might yet be done either because by their sins they had deserved their blindness and damnation as indeed they had or that God saw their hard hearts or their stiff necks and that they would not have received it before Christs comings if the Gospel had been preached unto them or finally that God reserved that mystery unto the coming of our Saviour Christ that by him all goodness should be known to come to us Id. cap. 2. H. 7. c. As for the necessary influences of Gods Grace and mans co-working with the same he telleth us briefly That no man ought to ascribe the good works that he dâ—th â—s himself or to his own might and power but to God the Author of all goodness but then withal that it is not enough for men to have knowledge of Christ and his benefits but that they must encrease in the knowledge of God Idâ—â— cap. 4. which knowledge cometh by Gods Word And finally as to the point of falling away he gives us first the example of Demas who as long as all things were prosperous with S. Paul was a faithful Minister to him and a faithful Disciple of Christ but when he saw Paul cast into Prison he forsook Paul and his Doctrine and followed the World then he inferreth that many such there be in the World c. of whom speaketh Christ Matth. 13. Many for a time do believe but in time of tribulations they shrink away And finally he concludes with this advice That he that standeth should look that he did not fall and that he do no trust too much to his own might and power for if he did he should deceive himself and have a fall as Demas had And so much for the judgment and opinion of Master L. Ridley in the points disputed who being Arch-deacon of Canterbury as before was said may be presum'd to be one of those who concurred in Convocation to the making of the Articles of K. Edwards book 1552. to find the true and natural meaning of which Articles we have taken this pains CHAP. XV. Of the Author and Authority of King Edwards Catechism as also of the judgment of Martin Bucer and Peter Martyr in the Points disputed 1. The Catechism published by the Authority of King Edward VI. Ann. 1553. affirmed to have been writ by Bishop Poinet and countenanced by the rest of the Bishops and Clergy 2. Several passages collected out of that Catechism to prove that the Calvinian Doctrines were the true genuine and ancient Doctrines of the Church of England 3. With a discovery of the weakness and impertinency of the Allegation 4. What may most probably be conceived to have been the judgment of Bishop Pointer in most of the Controverted Points 5. An Answer to another Objection derived from Mr. Bucer and Peter Martyr and the influence which their Auditors and Disciples are supposed to have had in the Reformation 6. That Bucer was a man of moderate Counsels approving the first Liturgy of King Edward VI. assenting to the Papists at the Dyet of Ratisbone in the possibility of falling from grace and that probably Peter Martyr had not so far espoused the Calvinian quarrels when he lived in Oxon. as after his return to Zurick and Calvins Neighbourhood 7. The judgment of Erasmus according as it is delivered in his Paraphrases on the four Evangelists proposed first in the general view and after more particularly in every of the Points disputed SEcuri de salute de gloria certemus Having shewed the cause by so many pregnant Evidences derived from the Articles and Homilies Tacit in vita Agric. and backt by the consenting Testimonies of Learned men and godly Martyrs it would add something at the least in point of Reputation if not of glory also to gain Bishop Poinet to the side of whom as to his personal capacity we have spoken already and must now look back upon him in relation to a Catechism of his setting forth Printed by Wolfe in Latine and by Day in English Anno 1553. being the next year after the Articles were agreed upon in the Convocation a Catechism which comes commended to us with these advantages that it was put forth by the Authority of King Edward VI. to be taught by all School-masters in the Kingdom By another of the same persuasion Prin. Anti-Armin Pag. 44. that the King committed the perusal of it to certain Bishops and other Learned men whom he much esteemed by whom it was certified to be agreeable to the Scripture and Statutes of the Realm that thereupon he presixt his Epistle before it in which he commands and charges all School-masters whatsoever within his Dominions as they did reverence his Authority Anti-Armin Page 48. and as they would avoid his Royal displeasure to teach this Catechism diligently and carefully in all and every their Schools that so the youth of the Kingdom might be setled in the grounds of true Religion and furthered in Gods worship The Church Historian seems to give it some further countenance Ch Hist lib. 7. fol. 421. by making it of the same extraction with the book of Articles telling us that by the Bishops and Learned men before-mentioned we are to understand the Convocation and that it was not commanded by his Majesties Letters Patents to all School-masters only but by him commended to the rest of the Subjects which cost these several Authors have bestowed upon it out of an hope of gaining some greater matter by it towards the countenancing and advancing of the Calvinian Doctrine Predestination as the true genuine and ancient Doctrine of this Church certain I am that both Mr.
c. convenit ut per consilium testimonium ejus omne legis scitum Burgi mensura omne pondus sit secundum dictionem ejus institutum that is to say it belongeth of right unto the Bishop to promote Justifice in matters which concern both the Church and State and unto him it appertaineth that by his counsel and award all Laws and Weights and Measures be ordained throughout the Kingdom 2. Next we will have recourse to the old Record entituled Modus tenendi Parliamentum In which it is affirmed ad Parliamentum summoneri venire debere Archiepiscopos Episcopos Abbates Priores alios majores cleri qui tenent per Comitatum aut Baroniam ratione hujusmodi tenurae Modus tenendi Parliament that all the Archbishops Bishops Abbats Priors and other Prelates of the Church who hold their Lands either by an Earls fee or a Barons fee were to be summoned and to come to Parliament in regard of their Tenure 3. Next look we on the chartularies of King Henry the first recognized in full Parliament at Clarendon under Henry the 2d where they are called avitas consuetudines which declare it thus Archiepiscopi Episcopi universae personae qui de Rege tenent in Capite habeant possessiones suas de Rege sicut Baroniam c. sicut caeteri Barones debent interesse juditiis Curiae Regis cum Baronibus quousque perveniatur ad diminutionem membrorum vel ad mortem Matth. Paris in Hen. 2. The meaning is in brief that Archbishops Bishops and all other Ecclesiastical persons which hold in Capite of the King are to have and hold their Lands in Barony and that they ought as Barons to be present in all Judgments with the other Barons in the Court of Parliament until the very sentence of death or mutilation which was very common in those times was to be pronounced And then they commonly did use to withdraw themselves not out of any incapacity supposed to be in them by the Law of England but out of a restraint imposed upon them by the Canons of the Church of Rome 4. In the great Charter made by King John in the last of his Reign we have the Form of summoning a Parliament and calling those together who have Votes therein thus expressed at large Ad habendum commune consilium Regni de auxilio assidendo c. de scutagiis assidendis faciemus summoneri Archiepiscopos Episcopos Abbates Comites Majores Barones Regni sigillatim per literas nostras Et praeterea summoneri faciemus in generali per Vice Comites Ballivos nostros omnes alios qui in Capite tenent ad certum diem Id. in Joh. sc ad terminum 40. dierum ad minus ad certum locum c. In which we have not only a most evident proof that the Bishops are of right to be called to Parliament for granting Subsidies and Escuago and treating of the great Affairs which concern the Kingdom but that they are to be summoned by particular Letters as well as the Earls and Barons or either of them A Form or copy of which summons issued in the time of the said King John is extant on Record and put in print of late in the Titles of Honour Pr. 2. c. 5. And we have here I note this only by the way a brief intimation touching the Form of summoning the Commons to attend in Parliament and the time of 40 days expresly specified to intervene between the summons and the beginning of the Parliament Which Commons being such as anciently did hold in Capite and either having a Knights fee or the degree of Knighthood did first promiscuously attend in these publick meetings and after were reduced to four quatuor discretos milites de Comitatu tuo Id. ibid. as the Writ ran unto the Sheriff and at last to two as they continue to this day 5. We have it thus in the Magna Charta of King Henry the 3d. the birth-right of the English Subject according as it stands translated in the book of Statutes First we have granted to God and by this our present charter have confirmed for us and our heirs for ever that the Church of England shall be free Magna Charta ca. 1. and shall enjoy all her whole Rights and Liberties inviolable But it was a known Right and Liberty of the Church of England that all the Bishops and many of the greater Clergy and peradventure also the inferiour Clergy whereof more anon had their Votes in Parliament and therefore is to be preserved inviolable by the Kings of England their heirs and Successors for ever Which Charter as it was confirmed by a solemn Curse denounced on all the Infringers of it by Boniface Archbishop of Canterbury Matth. Paris in Henr. 3. and ratified in no fewer than 30 succeeding Parliaments so was it enacted in the reign of Edward the first that it should be sent under the great Seal of England to all the Cathedral Churches of the Kingdom to be read twice a year before the people 25 Edw. 1. c. 2. 28 Edw. 1. c. 1. 25 Edw. 1. c. 3. that they should be read four times every year in a full County-Court and finally that all judgments given against it should be void 6. We have the Protestation of John Stratford Archbishop of Canterbury in the time of King Edward the 3d. who being in disfavour with the King and denied entrance into the House of Peers â—â—llenged his place and suffrage there as the first Peer of the Realm and one that ought to have the first Voice in Parliament in right of his See But hear him speak his own words which are these that follow Amici for he spake to those who took witness of it Rex me ad hoc Parliamentum scripto suo vocavit ego tanquam major Par Regni post Regem primam vocem habere debens in Parliamento jura Ecclesiae meae Cantuariensis vendico Antiqu. Britan. in Joh. Stratford ideo ingressum in Parliamentum peto which is full and plain 7. And lastly there is the Protestation on Record of all the Bishops in the reign of King Richard the 2d at what time William Courtney was Arch-bishop of Canterbury who being to withdraw themselves from the House of Peers at the pronouncing of the sentence of death on some guilty Lords first made their Procurators to supply their rooms and then put up their Protestation to preserve their Rights the sum whereof for as much as doth concern this business in their own words thus De jure consuetudine regni Angliae ad Archiepiscopum Cantuariensem qui pro tempore fuerit necnon caeteros Suffraganeos confratres compatres Abbates Priores aliosque Prelatos quoscunque per Baroniam de domino Rege tenentes pertinet in Parliamentis Regis quibuscunque ut Pares regni praedicti personaliter interesse ibidemque de
c. The King is the Head Modus tenendi Parl. Ms. c. 12. the beginning and end of the Parliament and so he hath not any equal in the first degree the second is of Arch-bishop Bishops and Priors and Abbots holding by Barony the third is of Procurators of the Clergy the fourth of Earls Barons and other Nobles the fifth is of Knights of the Shire the sixth of Citizens and Burgesses and so the whole Parliament is made up of these six degrees But the said Modus tells us more and goeth more particularly to work than so For in the ninth Chapter speaking of the course which was observ'd in canvassing hard and difficult matters it telleth us that they used to choose 25 out of all degrees like a grand Committee to whose consideration they referred the point that is to say two Bishops and three Proctors for the Cleergy two Earls three Barons fire Knights five Citizens and as many Burgesses And in the 12th that on the fourth day of the Parliament the Lord High Steward the Lord Constable and the Lord Marshal were to call the House every degree or rank of men in its several Order and that if any of the Proctors of the Clergy did not make appearance the Bishop of the Diocess was to be fined 100 l. and in the 23d Chapter it is said expresly that as the Knights Citizens and Burgesses in things which do concern the Commons have more Authority than all the Lords so the Proctors for the Clergy in things which do concern the Clergy have more Authority than all the Bishops Preface to the 9th part of Reports Which Modus if it be as antient as the Norman Conqueror as both Sir Edward Coke conceiveth and the title signifieth it sheweth the Clergies claim to a place in Parliament to be more antient than the Commons can pretend unto but if no older than the Reign of King Edward III. as confidently is affirmed in the Titles of Honour Titles of hon pt 2. c. 5. it sheweth that in the usage of those latter times the Procurators of the Clergy had a right and place there as well as Citizens and Burgesses or the Knights of the Shires And this is further proved by the Writs of Summons directed to the Arch-bishops and Bishops for their own coming to the Parliament in the end whereof there is a clause for warning the Dean and Chapter of their Cathedrals and the Arch-deacons with the whole Clergy to be present at it that is to say the Deans and Arch-deacons personally the Chapter and Clergy in their Proctours then and there to consent to such Acts and Ordinances as shall be made by the Common Council of the Kingdom The whole clause word for word is this Praemunientes Priorem Capitulum or decanum Capitulum Extant ibid. pt 2. c. 5. as the case might vary Ecclesiae vestrae N. ac Archidiacanos totumque Clerum vestrae Dioceseos quod iidem Decanus Archidiaconi in propriis personis suis ac dictum Capitulum per unum idemque Clerus per duos Procuratores idoneos plenam sufficientem potestatem ab ipsis Capitulo Clero habentes praedicto die loco personaliter intersint ad consentiendum iis quae tunc ibidem de communi consilio ipsius Regni nostri divina favente clementia contigerit ordinari Which clause being in the Writs of King Edward I. and for the most part of the Reign of his next Successors till the middle of King Richard the second at which time it began to be fixt and formal hath still continued in those Writs without any difference almost between the Syllables to this very day Id. ibid. Now that this clause was more than Verbal and that the Proctors of the Clergy did attend in Parliament is evident by the Acts and Statutes of King Richard the second the passages whereof I shall cite at large the better to conclude what I have in hand The Duke of Glocester and the Earl of Arundel having gotten the mastery of the King obtained a Commission directed to themselves and others of their nomination Statut. 21 R. 2. c. 2. to have the rule of the King and his Realm and having their Commission confirmed by Parliament in the 11. year of his reign did execute divers of his Friends and Ministers and seized on their Estates as forfeited But having gotten the better of his head-strong and rebellious Lords in the one and twentieth of his reign he calls a Parliament in the Acts whereof it is declared That on the Petition of the Commons of the assent of all the Lords Spiritual and Temporal and of the Proctors of the Clergy Ibid. c. 2. he repealed the said Statute and Commission and with the assent of the said Lords and Commons did ordain and establish that no such Commission nor the like be henceforth purchased pursued or made This done the Heirs of such as had been condemned by vertue of the said Commision demanded restitution of their Lands and Honours And thereupon the Lords Spiritual and Temporal and the Procurators of the Clergy the Commons having prayed to the King before as the Appellants prayed severally examined did assent expresly that the said Parliament and all the Statutes Ibid. c. 12. c. and restitution made as afore is said And also the Lords Spiritual and Temporal the Procurators of the Clergy and the said Commons were severally examined of the Questions proposed at Nottingham and of the Answer which the Judges made unto the same which being read as well before the King and the Lords as before the Commons it was demanded of all the States of the Parliament what they thought of the Answers and they said that they were lawfully and duly made c. And then it followeth whereupon the King by the assent of the Lords Spiritual and Temporal and the Procurators of the Clergy and the said Commons and by the advice of the Justices and Sergeants aforesaid who had been asked their Opinion in point of Law ordained and established that the said Parliament should be annulled and held for none Add unto this that passage in the 9 of Edward 2. where it is said that many Articles containing divers grievances committed against the Church of England the Prelates and Clergy were propounded by the Prelates and Clerks of our Realm in Parliament and great instance made that convenient remedy might be appointed therein Proem ad articalos Cleri that of the complaints made to the King in Parliament by the Prelates and Clergy of this Realm 50 Ed. 3.5 8 Rich. 2. c. 13. and that of the Petition delivered to the King in the Parliament by the Clergy of England Selden hist of Tithes c. 8.33 4 Hen. 4. c. 2. And finally that memorable passage in the Parliament 51 Edw. 3. which in brief was this The Commons finding themselves agrieved as well with certain Constitutions made by the Clergy in
inquisition or Impeachment the Lords in that of Judicature and determination with the consent and approbation of the King though many times without his personal assent and presence The King may be abused in his Grants and Patents to the oppression of the people or the dilapidation and destruction of the Royal Patrimony Judges and other the great Officers of Law and Equity are subject to corruptions and may smell of gifts whereby the passages of Justices do become obstructed The Ministers of inferiour Courts as well Ecclesiastical as Civil either exhaust the miserable Subject by Extortions or else consume him by delays Erroneous judgments may be given through fear or favour to the undoing of a man and his whole posterity in which his Majesties Justices of either Bench can afford no remedy The great Ones of the State may become too insolent and the poor too miserable and many other ways there are by which the Fabrick of the State may be out of Order for the removing of which mischiefs the rectifying of which abuses the Lords and Commons in their several ways before remembred are of special use yet so that if the King's Grants do come in question or any of his Officers are called to a reckoning they used heretofore to signifie unto his Majesty what they found therein and he accordingly either revoked his Grants or displaced his Servants or by some other means gave way unto their contentment the Kings consent being always necessary and received as a part of the final sentence if they went so far So that we may conclude this point with these words of Bodin who being well acquainted with the Government of this State and Nation partly by way of Conference with Dr. Dale the Queens Ambassadour in France and partly in the way of observation when he was in England doth give this resolution of the point in Controversie Bodin de Repub l. 1. o. 8. Habere quidem Ordines Anglorum authoritatem quandam jura vero majestatis imperii summam in unius Principis arbitrio versari The States saith he of England have a kind of Authority but all the Rights of Sovereignty and command in chief are at the will and pleasure of the Prince alone And to say truth although the Lords and Commons met in Parliament are of great Authority especially as they have improved it in these later times yet were they never of such power but that the Kings have for the most part over-ruled them and made them pliant and conformable to their own desires and this not only by themselves but sometimes also by their Judges by their Council often For such was the great care and wisdom of our former Kings as not to venture single on that numerous Body of the two Houses of Parliament whereby the Sovereignty might be so easily over-matched but to take with them for Affistants as well the Lords of their Privy Council with whom they might advise in matters which concerned them in their Sovereign Rights as their learned Council as they call them consisting of the Judges and most eminent Lawyers from whom they might receive instruction as the case required and neither do nor suffer wrong in point of Law and by both these as well as by the power and awe of their personal presence have they not only regulated but restrained their Parliaments And this is easily demonstrable by continual practice 4 Ed. 1. For in the Statute of Bigamie made in the fourth year of King Edward I. it is said expresly That in the prefence of certain Reverend Fathers Bishops of England and others of the Kings Council the Constitutions under-written were recited and after published before the King his Council forasmuch as all the Kings Council as well Justices as others did agree that they should be put in writing and observed In the Articuli super Chartas when the Great Charter was confirmed at the request of the Prelates 28 Ed. 1. c. 2. Earls and Barons we find these two claufes the one in the beginning thus Nevertheless the King and his Council do not intend by reason of this Statute Ibid. c. 20. to diminish the Kings right c. The other in the clofe of all in these following words And notwithstanding all these things mentioned or any part of them both the King and his Council and all they which were present at the making of this Ordinance do will and intend that the Right and Prerogative of his Crown shall be saved in all things In the 27th of King Edward the 3d. The Commons presenting a Petition to the King 27 Ed. 3. which the Kings Council did mislike were content thereupon to mend and explain their Petition the Form of which Petition is in these words following To their most redoubted Sovereign Lord the King praying the Commons that whereas they have prayed him to be discharged of all manner of Articles of the Lyre c. which Petition seemeth to his Council to be prejudicial unto him and in disherison of his Crown if it were so generally granted his said Commons not willing not desiring to demand things of him which should fall in disherison of him or of his Crown perpetually as of Escheats c. but of Trespasses Misprifions Negligences and Ignorances c. In the 13th of the reign of King Richard the 2d when the Commons did pray that upon pain of forfeiture the Chancellor or Council of the King should not after the end of the Parliament make any Ordinance against the Common Law 13 Rich. 2. the King by the advice of his Council answered Let it be used as it hath been used before this time so as the Regality of the King be saved for the King will save his Regalities 4 Hen. 4. as his Predecessors have done In the 4th year of King Henry IV. when the Commons complained against Sub-poenae's and other Writs grounded upon false suggestions the King upon the same advice returned this Answer that he would give in charge to his Officers that they should abstain more than before time they had to send for his Subjects in that manner But yet saith he it is not our intention that our Officers shall so abstain that they may not send for our Subjects in matters and causes necessary as it hath been used in the time of our good Progenitors Finally not to bring forth more particulars in a case so clear it was the constant custom in all Parliaments till the Reign of King Henry V. that when any Bill had passed both Houses Henr. 5. and was presented to the King for his Royal Assent the King by the abvice of his Privy Council or his Council learned in the Laws or sometimes of both did use to cross out and obliterate as much or as little of it as he pleased to leave out what he liked not and confirmed the rest that only which the King confirmed being held for Law And though in the succeeding