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A91309 Truth triumphing over falshood, antiquity over novelty. Or, The first part of a just and seasonable vindication of the undoubted ecclesiasticall iurisdiction, right, legislative, coercive power of Christian emperors, kings, magistrates, parliaments, in all matters of religion, church-government, discipline, ceremonies, manners: summoning of, presiding, moderating in councells, synods; and ratifying their canons, determinations, decrees: as likewise of lay-mens right both to sit and vote in councells; ... In refutation of Mr. Iohn Goodwins Innocencies Triumph: my deare brother Burtons Vindication of churches, commonly called Independent: and of all anti-monarchicall, anti-Parliamentall, anti-synodicall, and anarchicall paradoxes of papists, prelates, Anabaptists, Arminians, Socinians, Brownists, or Independents: whose old and new objections to the contrary, are here fully answered. / By William Prynne, of Lincolnes Inne, Esquire. Prynne, William, 1600-1669. 1645 (1645) Wing P4115; Thomason E259_1; ESTC R212479 202,789 171

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such Canons Orders Ordinances and Constitutions as they shall thinke necessary fit and convenient for the honour and service of Almighty God and quiet of the Church and the better government therof c. And our present Soveraign King Charles in his Declaration printed before the 39. Articles of the Church of England made by the advise of so many of the Bishops as might conveniently be called twice printed by his speciall command An. 1628. resolves in these very words this point of his royall Prorogative derived from his Predecessors That We are supreame Governour of the Church of England and that If any difference arise about the externall policie concerning Iniunctions Canons or other Constitutions whatsoever thereto belonging the Clergy in their Convocation not the Bishops in their Consistories Visitations or high Commissions is to order and settle them having first obtained leave under Our broad Seale so to do and We approving their said Ordinances and Constitutions provided that none be made contrary to the Lawes and Customes of the Land What power our Kings have excercised in Convocations to direct and limit them in all their proceedings determinations Canons in former ages especially since 25. Hen. 8. c. 19. will appeare First by the forme of our Kings Writs for summoning a Convocation of which I shall give you onely one late president agreeing in forme and substance with all former Writs of this kinde CAROLVS Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Reverendissimo in Christo Patri ac fideli Conciliari● Nostro Gulielmo eadem gratia Cantur A chiepis totius Angliae Primati Metropolitano salutem Quibusdam arduis urgentibus negotiis Nos securitatem defensionem Ecclesiae Anglicanae ac pacem tranquilitatem bonum publicum Defensionem regni Nostri subditorum Nostrorum ejusdem concernentibus Vobis in fide dilectione quibus Nobis tenemini rogando mandamus quatenus remissis debito intuitu attentis ponderatis universos singulos Episcopos vestrae Provinciae ac Decanos Ecclesiarum Cathedralium nec non Archidiaconos Capitula Collegia totumque Cle●um cujuslibet diocesios ejusdem Provinciae ad comparendum coram vobis in Ecclesia Catholica sancti Pauli London decimoquarto die Aprilis proximè futuro vel alibi prout melius expedire videritis cum omni celeritate accommoda modo debito convocari facias ad tractandum consentiendum concludendum super premissis aliis quae tibi clarius exponentur tunc ibidem ex parte Nostra Et hoc sicut Nos Statum Regni Nostri ac honorem utilitatem Ecclesiae praedictae diligitis nulla tenus omittatis Teste meipso apud Westmonast vicesimo die Februarii Anno regni Nostri quintodecimo Secondly by the forme of the Kings royall License commonly granted to the Convocation before they may or can debate of any thing particularly the forme whereof you may discerne in this subjoyned directed to the last Convocation 1640. CHARLES By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas in and by one Act of Parliament made at Westminster in the five and twentieth year of the Raigne of King Henry the Eighth reciting That whereas the Kings humble and obedient Subjects the Clergie of this Realme of England had not onely knowledged according to the truth that the Convocation of the same Clergie were alwayes had bin and ought to bee assembled by the Kings Writ but also submitting themselves to the Kings Majesty had promised in verbo Sacerdotii that they would never from thenceforth presume to attempt alledge claime or put in u●e or enact promulge or execute any new Canons Constitutions Ordinances provinciall or other or by whatsoever other name they should bee called in the Convocation unlesse the said Kings most Royall assent and license might to them be had to make promulge and execute the same and that the said King did give his most Royall assent and authority in that behalfe It was therefore enacted by the authority of the sayd Parliament according to the said submission and Petition of the said Clergie amongst other things that they nor any of them from thenceforth should enact promulge or execute any such Canons Constitutions or Ordinances provinciall by whatsoever name or names they might be called in their Convocations in time comming which alwayes shall bee assembled by authority of the Kings Writ unlesse the same Clergie might have the Kings most Royall assent and license to make promulge and execute such Canons Constitutions and Ordinances provinciall or Synodall upon pain of every one of the said Clergie doing contrary to the said Act and being thereof convict to suffer imprisonment and make fine at the Kings will c. Know ye that We for divers urgent and waighty causes and considerations Vs thereunto especially moving of Our especiall Grace certaine knowledge and meere motion have by vertue of Our Prerogative Royall and supream authority in Causes Ecclesiasticall given and granted and by these presents do give and grant full free and lawfull liberty license power and authority unto the most Reverend Father in God William Lord Arch-Bishop of Can●terbury Primate of all England and Metropolitan President of this Convocation for the Province of Canterbury and to the rest of the Bishops of the same Province and to all Deans of Cathedrall Churches Archdeacons Chapters and Colledges and the whole Clergy of every severall Diocesse within the said Province that they or the greater number of them wherof the said President of the said Convocation to be alwayes one shall and may from time to time during our will and pleasure propose conferre treat debate consider consult and agree upon the exposition or alteration of any Canon or Canons now in force and of and upon such other new Canons Orders Ordinances and Constitutions as they the said Lord Arch-bishop of Canterbury President of the said Convocation and the rest of the said Bishops and other the Clergie of the same Province or the greater number of them wherof the sayd Lord Arch-bishop of Canterbury President of the said Convocation to be one shall thinke necessary fit and convenient for the honor and service of Almighty God the good and quiet of the Church and the better government thereof to be from time to time observed performed fulfilled and kept as well by the sayd Lord Arch-bishop of Canterbury the Bishops and their successors and the rest of the whole Clergy of the sayd Province of Canterbury in their severall callings offices Functions Ministeries degrees and administrations as also by all and every Deane of the Arches and other Iudges of the sayd Arch-bishops Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officialls Registers and all and every other Ecclesiasticall Officers and their inferiour ministers whatsoever of the same Province
Henry the first summoned another Councell about Easter ad Curiam suam apud Londoniam cunctis Majoribus Regni having assembled to his Court at London not only his Archbishops and Bishops but all the great men of his Kingdome to suppresse the Marriages of Priests contrary to the Canons of the Councell of London Anno 1102. For the extirpation of which evill the King Regali authoritate atque potentia fultos roboravit by his royall Authority and power ratified those Canons and thereupon Anselmo Archbishop of Canterbury Thomas elect Archbishop of Yorke and all the Bishops of England Decreed in the presence of the said Glorious King Henry Assensu omnium Baronum suorum with the assent of all his Barons that Priests and Deacons should live chastly and keepe no Women in their Houses but those who were of their neare kindred as the Councell of Nice had defined this Canon being ratified both by the King and Peeres in Parliament to make it obligatory In these three Councells under Archbishop Anselme a great stickler for the Popes and Clergies Ecclesiasticall Jurisdiction we see the King and great men of the Realme were present and ratified the Decrees and Canons therein concluded to make them valid and binding Anno 1114 King Henry the first commanded all the Bishops and Nobles of the Kingdome to meete together at his Court whereupon a rumour was spred over all the Land that the Archbishop of Canterbury was about to celebrate a generall Councell in presence of the Popes Legate and that he would promulge some new things worthy so great a Councell for the reformation of Christian Religion in every order On the sixteenth of October they all met together in the Kings Pallace at Westminster where the multitude which assembled together at last perceived that the tumour of celebrating a Councell and of the reformation of Christianity was nothing so There Anselme in the behalfe of the Pope brought a letter directed from him to the King and Bishops wherein hee taxeth the King for conferring Bishopricks claiming that right as belonging to Peters See for determining Ecclesiasticall matters and the affaires of Bishops without his or his Legats privity which belong only to the Apostolike Sea for stopping appeales to Rome as also for calling and keeping Synodall Councells without his privity when as it was unanimously ratified in the great councell of Nice consisting of 318 Bishops that no Councells ought to be summoned or kept without the privity of the Bishop of Rome and for translating Bishops without his consent Which letters much offending the Kings mind he sent his Nuntioes by common consent to Rome to give the Pope an answer and justifie his proceedings herein as warranted by his Royall Prerogative The same yeare upon the thirteenth of Aprill there was an Assembly held at Salisbury of the Bishops Abbots and great men of all England the Kings Writ compelling them to appeare there where the King appointed William his sonne lawfully begotten to be heire to the Crowne to which all the Nobles condescended and presently tooke an oath of Allegeance to him to be his men But the Bishops and Abbotts swore only and gave their faith that if he survived his Father they would forthwith conferre both the Kingdome and Crowne of the Kingdome on him without any controversie or exception In August following one Anselm the Archbish of Canterburyes kinsman came from Rome to King Henry being then in Normandie bringing the Popes Letters which authorized him to exercise the Office of the Popes Legate here in England which in a short time being knowne in the Kingdome of England the Bishops Abbots and Nobles admiring at it assembled together at London about it and certaine other things the Queen being present to discusse the matter Communi Concilio in a common Councell whereupon they all accorded to send the Archbishop of Canterbury whom it most concerned to the King to acquaint him with the ancient custome of the Kingdome and the liberty thereof and if he thought fit that he should goe likewise to Rome to annihilate This Novelty Who comming accordingly to the King found Anselme there expecting his passage into England to exercise his Legatine office there But King Henry the first not suffering any prejudice to happen to the ancient Customes of England kept him from entring into England that not without presidents For in the first yeare of this Kings Raigne Guido Archbishop of Vienna came into England having as he said the power Legatine of all England by the precept and authoritie of the Apostolicall See which being heard of throughout England was admired by all men all knowing that it was a thing unheard of in Britaine that any man except the Archbishop of Canterbury should take upon him to supply the Popes Apostolicall turnes Wherefore as he came so he returned being received as a Legate by no man nor exercising the Office of a Legate in any thing After this one Peter having obtained from the Pope a power Legatine over England Ireland France and the Iland of the Orcades at the same hereof all England was astonished the King sent the Bishop of Saint Davids and another Clergie man beyond Sea to conduct him to him enjoyning them that after his entrance into England they should not suffer him to enter into any Churches or Monasteries to lodge or eate Being brought to the King and honourably received by him having declared the cause of his comming the King answered him that hee had now no leasure to minde so great a businesse and that his Legatine power could not be established and ratified but by the connivance and assent of the Bishops Abbots Nobles and the Assembly of the whole Kingdome in Parliament moreover hee affirmed that he could not by any meanes willingly loose any of the Customes of his Country granted him by the Apostolicall See so long 〈…〉 lived whereof this was one of the chiefest and greatest that hee made the kingdome of England free from all Legatine power Whereunto Peter affented and promised to doe his endeavour to have this priviledge preserved and augmented And so being gratified with rich presents Ille qui Legati officio fungi in toto Britania venerat nimirum ab omni officio tali cum ingenti Pompa v●a qua venerat extra Angliam a Rege missus est writes Eadmerus of him by way of derision So little jurisdiction had the Popes Legates here in England in those dayes who became an intollerable vexation oppression to it in succeeding Ages in the Reignes of King John Henry the third and others In the Councell of Westminster under Iohn de Crema the Popes lecherous Legate Ann. 1125. there were 17. Canons made ab omnibus confirmata and confirmed by all there present to wit by 20. Bishops 40. Abbots Cuminumera Cleri Populi multitudine with an innumerable multitude of the Clergie and people who were present at it as the Continuer
of Florentius Wigorniensis records Among other things it was there decreed that Priests should not from thence forth marry That no married man should be made a Priest and that those Priests who were married should be either devorced from their wives or deprived of their livings Iohn de Crema there alleaging That it was an unseemely thing for a Priest to rise up from the side of an Harlot so hee called Priests wives and to goe and to make the body of Christ The Priests being much incensed at these Constitutions and very angry with this Legate the chiefe Author of them knowing him to be a leacherous companion watched him so narrowly that the very same night these Canons were ratified though himselfe had that very day consecrated the Sacrament and so made the body of his Saviour as hee thought they tooke him in bedde with a notable Where In excuse of which falt of his which was very publike and notorious he said that hee himselfe was no Priest but a corrector of Priests hee might better have alleadged if his owne reason were good that hee did it after hee had consecrated and made Christs body not before it and so he departed privily 〈◊〉 of England with shame the Priests by this meanes keeping their Wives for a time alleaging that it was better for them to lye with their own Wives then with Where 's or other mens as this lecherous Legate did In the yeare of our Lord 1127. William Archbishop of Canterbury by King Henry the first his assent called a Councell at Saint Peters in Westminster of all the Bishops Abbots and religious Persons of England there flocked thither also * Magnae multitudines Cloricorum Laicorum tam divitum quam mediocrium factus est Conventus grandis et inestimabilis saith the Historian Something 's were there debated somethings determined some things adjourned some things by reason of the tumult of the raiging people cast out from the Audience of the Judges but those things which were there decreed and established in the Councell it selfe by the consent of the Bishops At they were there publikely Recited and received I thought good saith he to note in this manner Then he reites the Canons and constitutions of this Councell and conclude thus Auditis Concilii gestis consensum prebuit authoritate Regia et potestatate conceffit et confirmavit Sta●ta Concili c. Having heard the Acts of the Councel read the K. assented to them and by his regall authority and power passed and confirmed the statuts or Canons of the Councell celebrated by William Archbishop of Canterbury and Legate of the holy Church of Rome at VVestminster Anno 1138. King Stephen on the fourth of Aprill held a Councell at Northampton in which ●urstlain Archbishop of Yorke was Prefident the Prelats Abbotts Earles Barons and all the Nobility of England being present at it The Bishoprick of Exeter then voyd by the death of William Warwast one Robert an Arch-deacon was elected Bishop of that See by the consent and suffrage of the Councell which likewise nominated and chose two Monks to be Abbotts of VVincelcombe and of Saint Maries in Yorke being then vacant The same yeare there was a Councell held at London wherein Theobald was chosen Arch-bishop of Canterbury Annuente Rege by the Kings consent Anno 1139. There was a Councell kept at VVinchester under Henry Bishop of VVinchester the Kings Brother and Legate to the Pope where Theobald Archbishop of Canterbury and all the Bishops there present ad pedes Regis devoluti sunt c. cast themselves downe at the Kings feet most devoutly and earn estly beseeching him to restore Roger Bishop of Salisbury and Alexander Bishop of Lincolne to their possessions and they would willingly pardon all the injuries the King had done them But the King despising the venerable supplication of so many great Prelates suffered them to obtaine no part of their request In the yeare of our Lord 1142. VVilliam Bishop of Lincolne as some record or VVilliam or Henry Bishop of VVinchester as others calhim held a Councell at London at which King Stephen was present where in it was decreed et Generaliter constitutum and generally ordained That he who violated a Church or Churchyard or laid violent hands on any Priest or Religious person should be excommunicated and not absolved but by the Pope The King writes Nubrigensis Concilio Benigne interfuit et favoris Regij Suffragium non negavit was graciously present at the Councell and denied not the suffrage o●his royall savor to its constitutions which without his confirmation had beene of no validitle By vertue of which constitution ratified in this manner If any laid violent hands on a Priest or Religious Person he might sue in the Spirituall Court to have him excommunicated and doe penance for it but not for dammages and no Prohibition could legally be granted to stay the proceedings there Anno 1152. There was a Synod held at London under Theobald Archbishop of Canterbury In which King Stephen with Eustace his Sonne were present The King required the Synod to consent to create Eustace King to which they could not be brought being inhibited by the Popes Letters and mandate to doe it Therefore the King and Eustace incensed with anger shutting them in and befieging them did evermuch vex and disquiet them that they might effect that by feare and terror which they could not doe by authority and favour And soe most of them were reduced to the Kings becke But Theobald the Archibishop departing privity and most craftily out of the Synod carried through the Thames in a Boate to the Sea side entered into a ship and passed into the parts beyond the Sea with whose departure the King being much more disturbed banished him againe with others and confiscated all his goods Anno 1159. There was a great Scisme at Rome betweene Pope Alexander and Victor concerning the Papacie hereupon Frederick the Emperor assembled by his Writ the Bishops of Italie and Germanie together to Papia to Councell where the Emperor his Dukes and Captaines were present who swaying the Councell Victor to whom the Emperor inclined was elected and declared to be the true Pope and successor of Peter and sentence given against Alexander by a Generall decree as against a Scismaticke and rebell to God Amplexus est Imperator cum omni frequentia Ducum et Procerum acta Concilij panam non recipientibus comminatus writes Neubrigensis After which the Emperor solicited the illustrious Kings of France and England by all meanes he could that to perpetuate mutuall amity they would consent to him in this they being inclined hereto cautelously suspended their sentence untill they should more fully know the truth of so doubtfull a businesse and thereupon they also called a famous Councell of Bishops and Nobles out of both their Kingdomes in a fitting time and place where the businesse was fully debated by Guido
Cremensis on Victors part and by Gulielmus Papiensis on Alexanders side In conspectu Regum Praesulum coram universa quae convenerat multitudine cleri et opuli In the presence of the Kings and Prelats and before all the multitude of the Clergy and People there assembled where Papiensis pleaded Alexanders cause so well and answered retorted what ever the opposite partie had alleaged soe substantially Vt neuter ulterius Princeps cunctaretur repudiata parte Octaviani Dominum Alexandrum recipere et cum Regnis sibi subditis ei de caetero in ijs quae Dei sunt tanquam Patri parere The forenamed Schismatickes therefore departing with confusion and shame Our Princes and Prelates Principes et Pontifices having solemnly pronounced a sentence of excommunication against the Schismatickes dissolved the Synod Loe here both the Emperor the Kings of England and France with their Nobles as well as Prelates present in a severall Councells directing and determining this great controversie in them who was Peters rightfull successor ratefying and receiving him for Pope whom they conceived in their indifferent Judgments to have the best title yea the Laity had here their voyces as well as the Clergy consented to the decrees of both Councells So when there was a former Schisme between Clement Vrban concerning the Title of the Papacie VVilliam Rufus enquiring who had the best right commanded Vrban to be reputed Apostolicall and true Pope throughout his Dominions eique vice beati Petri IN CHRISTIANA RELIGIONE not in any temporall affaires obedire claiming this as a part of his prerogative royall that none should acknowledge or receive any man for Pope or Peters successor within his Kingdome but by his election and authority and him whom he should declare to be the man accounting him no lesse then a Traitor that should deprive him of this right which his Ancestors claimed and enjoyed An. 1170. at the request of King Hen the 2d two Cardinalls Albert and Theodine were sent into France from Rome who having called a great Assembly of Ecclesiasticall persons and Noblemen within the Teritorries of the King of England they solemnly admitted the King to purge himselfe before them of the murther of Thomas Becket Archbishop of Canterbury which purgation the King there made and submitted himselfe naked to Ecclesiasticall discipline Anno 1175. Richard Archbishop of Canterbury kept a great Councell at Westminster to which almost all the Bishops and Abbots of the Province of Canterbury came Et coram pranominatis Regibus and before King Henry the second and King Henry his Sonne and the Bishops and Abbots Richard Archbishop of Canterbury standing in an high place promulged certaine Decrees Canons concerning Clergy-men the Eucharist Tythes recorded by Hoveden to be firmely and inviolably observed by all his Provincials so that both the Kings assented to them though they were but Collections of some Decrees out of former Councels In the same yeare King Henry the Father called another Councell at Windesore eight dayes after Michaelmas Praesentibus Rege Filio the King and his Sonne being present Richard Archbishop of Canterbury with the Bishops of England and Laurence Archbishop of Dublin Praesentibus etiam Comitibus Baronibus Angliae the Carles and Barons of England being also present In which Councell being a meer Parliament there was a generall Concord made between King Henry the second and Rodericke King of Conact in Ireland and the King in that Councell gave the Bishoprick of Waterford to one Augustine an Irishman whom he sent to Donatus Archbishop of Cassels to be Consecrated Anno 1176. King Henry the second assembled and held a great Councell at Nottingham concerning the Statutes of his Kingdome and before the King his Sonne and the Archbishops Bishops Earles and Barons of his Kingdom communi omnium Concilio by the common Councell of them all he divided his Kingdome into sixe parts through each of which he appointed three Iustices Itinerant whom he caused to swear upon the holy Evangelists that they should bona fide and without any sinister intention keep and cause the people of his Kingdom inviolably to observe the Articles of Assize there renued and confirmed recorded at large by Hoveden To this Councell by the Kings command came William King of Scots with all his Bishops whom the King commanded by the fealty and Oath of Allegiance they had taken to him to do the same subjection to the Church of England which they ought to do and were went to do in the times of his Predecessors To whom they answered that they never had made any subjection or homage to the Church of England nor ought so to do To which Roger Archbishop of York replyed That the Bishop of Glascow and of Candida Casa or Whitterne had in the time of his Predecessors been subject to the See of Yorke and for proofe hereof he shewed divers priviledges of the Bishops of Rome which made it appeare To which Jocelin Bishop of Glascow answered That the Church of Glascow was a speciall Daughter of the Church of Rome and exempt from all Archiepiscopall and Episcopall jurisdiction and if the Church of Yorke had any jurisdiction over the Church of Glascow at any time it appeared that he deserved not to have any dominion over it for time to come And because Richard Archbishop of Canterbury endeavoured that the Church of Scotland should be subject to the Church of Canterbury such was his ambition then he so crossed the King of England That he permitted the Bishops of Scotland to return home without making any subjection of themselves to the Church of England as they had formerly done Anno 1176. Hugo Cardinalis Hoveden stiles him Hugozun the Popes Legate by the Kings permission and asistance called a generall Councell at London in the midst of Lent where the Archbishops of Canterbury and York and all the Bishops and Abbots of England with a great number of Clergie-men assembling together the Cardinall sate on an high throne in the Chappell of the infirme Monkes of Westminster and the Bishops and Abbots with him every one in his place according to his order and dignity But there arose a contention between the Archbishops of Canterbury and Yorke which of them should sit at the right hand of the Cardinall And when as the Archbishop of Yorke would sit there the Bishop of Canterburies servants rushed violently upon him threw him down upon the ground trampled on him with their feet and brake his Miter whereupon the Councel was dispersed and the Cardinall flying to hide himselfe out of their sight was so hindered that he held no Councel Both sides made appeales to the Pope and complained to the King of the injuries done unto them So Hoveden Gulielmus Nubrigensis relates the story in these words When the Cardinall assisted by the Kings favour had called together the Ecclesiasticall persons of both Provinces of
civill Magistrates as you have plentifully done even with some colour of reason as well as insanire cum ratione which is all I shall answer to your reasons Fourthly Hee writes Let Master Prynne Or any other evict mee of any wilfull or unwilfull violation of the priviledges of Parliament and I shall bee as willing as willingnesse it selfe can make me to further such a conviction and no man shall be more ready then I to crave their pardon or undergoe their Justice nay I shall repent my selfe and abhor my errour in dust and ashes Certainely this your promised late Repentance which is yet contingent and improbable after so many publike offronts and oppositions against the power and proceedings of Parliament will bee a very poore recompence and satisfaction for all your former misdemeanors and scandalls to the Parliament yet late repentance being better then none at all I shall now challenge you to make good this your promise since your owne Conscience and judgment cannot but informe you I have written enough in the former Sections to evict and convince you and all the world besides that you have not only violated but denyed oppugned those priviledges of Parliament in Ecclesiasticall affaires which our owne Parliaments in all ages and Parliamentary Assemblies in all other Kingdomes have unquestionably exercised enjoyed without any such publique opposition as you have made against them And if you now make not good your promise few or none will ever credit you hereafter 5ly For the Authors you cite to justifie yourselfe they are miserably wrested and mistaken for the most part The first you quote is Master Edwards who maintaines point blancke against you throughout his Treatise a Legislative and coerceive power in Parliaments and civil Majestrates even in Church-affaires and matters of Religion in the very pages you quote and else where Therefore you palpably abuse the Author and Reader in quoting him to the contrary who is so point-blancke against you For the passage you quote out of his Page 256. The Parliament interposeth no Authority to determine what government shall be whence you inferre p. 7. Therefore his opinion appeares to be either that the Parliament hath No authority or at least intends not to make use of it in determining a government It was written only with reference to that present time the Parliament having at that time when he writ during the Assemblies debate and consultation interposed no Authority to determine what government shall be yet before that it had declared the old prelaticall Lordly government to be abolished and called an Assembly to advise with about a New But to inferre from thence as you doe Therefore his opinion is either that the Parliament hath no Authority or at least intends not to make use of it in determining a Government Is an inference quite contrary to the next ensuing words and pages to the whole scope of the Authors Booke Humbly submitted to the Honourable houses of Parliament contrary to his expresse words p. 138. 281. to all his reasons against Toleration of your Way and to the Parliaments intent in calling the Assembly to assist them in determining and setling a Church-government agreable to Gods word Be ashamed therefore of this grosse perversion of your first Authors passages diametrally contrary to this meaning Your Passages out of Master Hayward Bishop Iewell Master Fox Mr. Calvin Iacobus Acontius Junius Peter Martyr and Gulielmus Appolonius make nothing at all against the Legislative Authority of Parliaments in matters of Religion and Church government and have no a●●inity with your Passages words most of them Bishop Iewel especially as I have already proved vindicating propugning the very ecclesiastical power of Parliaments which you oppugne Indeed some of their words seeme to diminish the Coercive power of Majestrat●s enforcing of mens consciences in matters of Religion which I shal answer in due place and manifest how you abuse the Authors herein as well as Mr. Edwards not hitherto answered by any of your party but how they militat against the jurisdiction of Parliaments in making Lawes touching Religion discipline and Church-government I am yet to seeke For the Passages he aleageth out of the Divines of Scotland That the Prince or Majestrate may not make or publish any Ecclesiasticall Law without the free assent of the Clergy c. That he may not by HIMSELFE define or direct such matters nor make any Lawes therein That the King hath not a Nomotheticke Legislative Power in matters ecclesiasticall in a constitute Church That the ordinary power of the King is not to make Ecclesiasticall Lawes c. I Answer 1. That their only meaning if I mistake not in these passages is that the Prince or chiefe civill Majestrate of HIMSELFE without a Parliament or without the assistance and consent of his Nobles Commons Clergy cannot legally make any ecclesiasticall Lawes to obliege his people upon which reason our Brethren of Scotl. rejected the late New service booke and Canons and our selves the late Canons c Oath which Canterbury wold have obtruded on us because they were made and prescribed only by the Kings Authority and the Prelates or Convocations not the Parliaments upon which very reason the Parliaments of both Kingdomes have respectively adjudged both one and other illegall But that the King or supreame temporall Majestrates assisted by a Parliament and Orthdox Divines may not make binding ecclesiasticall Lawes or that their or our Parliaments have not a reall Legislative power in any matters ecclesiastike the only point controversed is directly contrary both to the constant Doctrine and Practise of our Brethren and their Church used ever since the Reformation to the proceedings of their last Parliaments and generall Assemblies as I have formerly manifested You may therefore blush at this your perverting of their meaning as if they held that the Parliaments of England or Scotland had no power to make Ecclesiasticall Lawes for Religion or Church gouernment when as their Bookes Actions addresses to our present Parliament their presence assistance in our Assembly proclaimes the contrary And the very publique Confession of faith professed and subscribed in their Church Anno 1560 Chap. 14 since confirmed by severall Acts of Parliament doth the like But admit all those Authors really as not one of them is in verity opposite to the Ecclesiasticall Jurisdiction and Legislative power of Parliaments yet the unanimous practise and resolution of all Christian Realmes Synods Parliaments in all ages contrary to their private novell opinions is sufficient infinitly to overbalance them in the Judgements of all prudent men And thus much for Mr. Goodwins Innocencies tryumph as to the present point I shall next apply my selfe to Answer such Objections as my deare Brother Master Henry Burton hath lately made against the premises in his Vindication to my 12. Queeres touching Church-Government my Independency examined His first and principall Objection is this