all we desire two Prebends to be given us by all Cathedrall Churches and out of Abbies where the Monkes and Abbots have divers portions of each one Monkes intire allowance one from the Covent another from the Abbott which demand Otho urged the Bishops and Prelates to grant on the foresaid grounds Who consulting together hereupon returned this their common Answere by Iohn Archdeacon of Bedford That those things he had propounded to them did specially concerne the King of England and generally all the Patrons of Churches Archbishops Suffragans and Prelates of England since therefore the King was then absent by reason of his infirmitie and some Archbishops Bishops and other Prelates were absent likewise that in their absence they neither could nor ought to give any Answer And upon these words uttered came Iohn Lord Marshall of England and other Messengers from the King strictly commanding all what held Baronies of the King in Capite that that they should not obliege their lay Fee to the Church of Rome whereby he might be deprived of the services due unto him And so all returned to their owne home The same yeare there was another Councell assembled at Westminster under Stephen Langhton Archbishop of Canterbury about the same matter To which the King conferring a part with some of the Nobles and Bishops gave this Answer that these things concern all Christendom because we are placed in the remotest parts of the world when we shall see what other Kingdomes will say to these exactions and shall have an example from them the Pope shall finde us more ready to obey him And so this Councell brake up By both which presidents it is evident that Councells in those dayes were no other but Parliaments the King Nobles and Commons being present in them and that the Clergy alone could treat or conclude of nothing but by their concurring assents Anno 1231. There was a great Synod of Abbotts Priors Archdeacons with almost the whole Nobility Masters and Clerks of the Realme assembled at Saint Albans by the Popes Command to celebrate a divorse betweene the Countesse of Essex and her Husband if there were cause This divorse was but an Ecclesiasticall matteâ— as the Canonists deemed it yet both King Nobles and Commons as well as Abbots and Clergy-men were present at it and called to it by the Popes command In the yeare of our Lord 1236. there was a Councell of all the great men Prelates and Clergie of the Realme summoned to meet at London by King Henry the third under Othe the Popes Legate which being assembled together at Paules the second day thereof the King sent John Earle of Lincolne Iohn the son of Jeffery and William de Reele a Canon of Paules to inhibit the Legate in the behalfe of the King and Kingdome that he should not there Attempt or decree any thing against his Royall Crowne and dignity William Reele remained there to see this inhibition observed the others departed The next day folowing the Legate supported with divine assistance astantis concilij Suffragits et consensu and by the suffrages and consent of the Councel there present to conserve and reforme the State Ecclesiasticall in the parts of England besides other Canonicall institutions promulged certaine Canons digested into Chapters and Articles which Edmond Archbishop of Canterbury with divers others who departed from the Councell with little joy resolved to nullifie and revoke as not confirmed by the King the Lords and Commons for ought appeares which Otho understanding writ to the Pope to ratifie them who accordingly did it by his decretall Epistle Anno 1288. John Peckam Archbishop of Canterbury held a Provinciall Councell at Redding in which he made five Constitutions purposing to draw the conusance of Patronages of Churches anciently belonging to the Kings Court to the Ecclesiasticall to rescinde all Royall Prohibitions in suites depending in the Ecclesiasticall Court for goods and Chattels and to inhibitu that Ecclesiasticall Judges should be thenceforth prohibited to proceed in them But the King hearing of this designe sent certain selected messengers both to the Archbishop and the whole Councell commanding them with threats to resist whence it came to passe that the Archbishop wholy receeded from his presumption and the Councell being dissolved all the Prelates returned frustrate of their hope 31. An. 1296. Robert Winchelsee Archbishop of Canterbury held a Provinciall Councell at London where the Clergy to disapoint the King of his Subsidies and Tenths decreed among other things Ne quid inconsulto Papa Regibus a Clero solveretur That nothing should be payed to Kings without the Popes privity and consent A right loyall Constitution worthy Prelates The King having then called a Parliament to re-inburse his monyes spent in the Scottish Wars had a large Subsidie granted him by the Commons and Burgesses But the Clergy neither offered nor granted him any thing by reason of this their Constitution for confirmation whereof the Archbishop had gotten the Popes Bull The King being moved therewith proroged the Parliament to London commanding the Clergy to be there on the first day of Saint Hilary to give him a better answer The King in the mean time commanded all the Clergy mens Barnes which were full of corne to be sealed up with publike Seales which whiles his Officers were executing the Archbishop commanded the Popes decree to be published in Cathedrall Churches inhibiting under pain of Excommunication that no Tribute or ayd should be payd to the King or to any secular Prince out of Ecclesiasticall livings or revenues an high straine of Papall usurpation and presumption and when he and his Suffragans met in Pauls they resolved to stand to their former Constitution and to grant the King nothing Such dutifull good Subjects were these lordly Prelates Whereupon the King sending messengers to them to demand a supply from them they all returne him this answer It is sufficiently known that under God the Lord of all we have two Lords a spirituall the Pope our Lord and a temporall the King our Soveraigne and though we are bound to obey both yet we ought to obey our spirituall Lord more than our temporall And therefore we intend to send a Legate to the Pope that his leave first obtained wee may give the King what he desires of us The King receiving this answer tooke it very disdainfully that he should be thus mocked in his own Kingdome by the Pope and his Clergie and thereupon thrust the Clergie out of the Parliament and held a Councell with his Barons and Commons alone and presently put all the Clergie out of his protection that none of them should have power to sue any man in any of his Courts but might be sued there by any of his subjects upon which all the Clergie but the Archbishop were content to offer the King the fith part of their Ecclesiasticall goods and the Archbishop persisting in his obstinacy had all
Councell of Ephesus by Theodosius the younger the Synod of Chalcedon by Martianus and then concludes Ideo vocavimus vos ad regiam urbem that he had therefore called them to the royall City to discusse the three chapters then in controversie and to decide them according to these former generall Councels resolutions yea Pope Vigilius was cited to this Councell to dispute together with the other Bishops there concerning the three chapters The sixt generall Councell of Constantinople was gathered together by Constantius Pogonatus as his own letters of summons testifie and this passage in the first action of it Conveniente quoque sancta et universali Synodo qua secundum Imperialem sanctionem congregata est in hac à Deo conservanda regia Urbe The seventh generall Councell of Nice so termed by the Papists though false spurious and hereticall was summoned by Irene the Empresse and her sonne Constantine Conveniente sancta oecumenica hoc est universali Synodo quae per gratiam divinam piumque illorum Imperatorum sanctè orbem terrarum gubernantium decretum congregata est in clarissima Nicensium metropoli are the words of the first action testifying the same The eight oecumenicall Synod at Constantinople was called by Basilius the Emperor in the Prologue and first Act whereof there was produced a letter of Pope Adrians to this Emperor in these words Volumus per vestrae pietatis industriam Constantinopoli numerosum celebrare Concilium As these first eight generall Councels were thus congregated by Christian Emperors not Popes or Prelates so likewise Nationall provinciall Councels and Synods have been alwayes usually called assembled by the Writs and Summons of Christian Emperors Kings Princes not by Bishops or private christians Thus the severall Councels of Sardice Millaine Ariminum Nicomedia and Seleucia were assembled by the Emperor Constantius his Writs Mandates whence Athanasius writes thus of the Synods of Ariminum Seleucia the passages wherof he records at large Aâ— Imperatore Proefectisque Literae sequentes in omnem partem missae sunt eos qui illuc ituri essent convocantes The Councel of Illyrium was called by Valentintan and Theodosius whence the Bishops in that Councel in their Epistles to those Emperors give them thanks for their care and pains in assembling this Councell in these terms Apud quem gratias agenus vobis Clementissimi Principes qui ad removendas altercationes congregare studuistis sacerdotale Concilium Episcopis dignatione vestra honorificâ—ntiam reservastis ut nemo deesset volens nemo cogeretur invitus Itaque juxta Mansuetudinis vestrae statuta convenimus Saint Ambrose Bishop of Millaine speaks thus in that Councell Nos in occidentis parte constituti convenimus ad Aquileiâ—â—seum civitatem juxta Imperatoris praeceptum Palladius saith there likewise Imperator noster Gratianus jussit Orientales venire negas tu jussisse eâ—m Ipse Imperator nobis dixit se Orientales jussisse venire Ambrosius Episcopus dixit utique jussit c. The firstâ— Councel of Arelat about the yeare 314. was assembled Constantini magni jussu The first provinciall Councell of Agatha was assembled by the Kings permission for whose long life the Councell prayed ut qui nobis congregationis permiserat potestatem The first Councell of Orleans was summoned by Clodovick King of France as is evident by this Rescript of the Bishops of that Synod to him Domino suo Catholica Ecclesiae filio Clodoveo gloriosissimo regi omnes sacerdotes quos ad Concilium venire jvssistis c. Sacerdotes de rebus necessariis tractaturos in unum collegi jusseritis The second Councell of Orleans was summoned by the precept of most glorious Kings Cum ex praeceptione gloriosissimorum regum in Aurelianensem urbem Deo auxiliante convenimus say the Bishops in the prologue to their Canons in it The Councell of Alebret met together by the consent of their most glorious Lord and pious King Theodebertus The second Synod of Toures assembled together by the connivence of King Arithbertus The fift Councell of Orleans was congregated by King Childebertus together with the Councell of Paris as their Prologues testifie The third Councell of Toledo was summoned by King Reccarredus who pro fidei suae sinceritate omnes regiminis suae Pontifices in unum convenire mandasset The first and second Councels of Mascon with the Councell of Valentia were assembled by King Guntram Ex evocatione gloriossssimi Regio Guntramni juxta Imperium gloriosissimi Guntramni regis say the Poems to these Synods Canons The fourth Councell of Toledo was called by the diligence of the most religious King Sisenandus ut ejus jussis et imperiis that by his precepts and commands a common treatise of Ecclesiasticall discipline might be compiled therein Whereupon in the close of the Councell they pray to Christ for this their King cujus devotio nos ad hoc decretum salutiferum convocavit The fift and sixt Councells of Toledo were called by the Precept and writ of King Chintillanus ex praecepto ejus et salutaribus hortamentis The first and second Councells of Bracara assembled together ex praecepto et per ordinationem by the precept and appointment of the most glorious King Ariamirus The seventh Councel of Toledo met together studio by the care and command of King Chindasiundus The 8. 9. and 10. Councels of Toledo were congregated by the command of King Recessuinthas ejusque serenissimo jussn ac sanctissimo voto The Councell of Cavailon was assembled ex evocatione vel ordinatione by the summons and appointment of King Clodouicke The eleventh Councell of Toledo came together hortatu by the exhortation and precept of King Vuambanus The 12. and 13. Councels of Toledo were summoned and celebrated ex glorioso jussu by the glorious command of king Eringius The French Synod Anno 642. was summoned by Charlemaine Ego Carlomannus dux et Princeps Francorum cum consilio servorum Dei et Optimatum meorum Episcopos qui in regno meo sunt cum presbyteris ad Concilium et Synodum pro timore Christi congregavi The Synod of Soissons was called by Childerick and Pipin and so was the Councell at the Pallace of Venis gloriosissimus atque Deo religiosus illustris vir Pipinus rex Francorum universos pene Galliarum Episcopos aggregari fecit ad Concilium Vernis palatium publicum The severall Synods and Councels of Aquisgan or Aix Paris Lions and Tholouse were summoned by Lewis and Lothorius their Writs and Mandates as the marginall authorities largely evidence The Councels of Frankford Friuli Arelat the fourth Tovers Cabilon the second Mentz and Rheems were all called by Charls great who as Matthew Westminster and others write in the year 813. commanded five severall Councels to bee celebrated at once the first at Mentz the
of Canterbury in their and every of their distinct Courts and in the order and manner of their and every of their proceedings and by all other persons within this Realme as far as lawfully being members of the Church it may concerne them And further to conferre debate treat consider consult and agree of and upon such other points matters causes and things as we from time to time shall deliver or cause to be delivered unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation in writing under Our Signe Manuell or privie Signet to be debated concluded consulted and concluded upon the sayd Statute or any other Statute Act of Parliament Proclamation Provision or restraint heretofore had made provided or set forth or any other cause matter or thing whatsoever to the contrary notwithstanding And we do also by these Presents give and grant unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation and to the rest of the Bishops of the said Province of Canterbury and to all Deanes of Cathedrall Churches Archdeacons Chapter and Colledges and the whole Clergy of every severall Diocesse within the said Province full free and lawfull liberty licence power and authority That they the sayd Lord Archbishop of Canterbury President of the sayd Convocation and the rest of the sayd Bishops and other the Clergie of the same Province or the greater number of them whereof the sayd President of the sayd Convocation to be one all and every the sayd Canons Orders Ordinances Constitutions matters Causes and things so by them from time to time conferred treated debated considered concluded and agreed upon shall and may set down in writing in such forme as heretofore hath been accustomed and the same so set down in writing to exhibite and deliver or cause to be exhibited and delivered unto Us to the end that we upon mature consideration by us to be taken thereupon may allow approve confirme and ratifie or otherwise disallow annihilate and make voyd such and so many of the sayd Canons Orders Ordinances Constitutions matters causes and things so to be by force of these Presents considered consulted and agreed upon as wee shall thinke fit requisite and convenient Provided alwayes that the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be considered consulted or agreed upon as aforesaid be not contrary or repugnant to the Liturgy established or the Rubrick in it or the nine and thirty Articles or the Doctrine Orders and Ceremonies of the Church of England already established Provided also and our expresse will and commandement is That the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be by force of these presents considered consulted or agreed upon shall not be of any force effect or validity in the Law but only such and so many of them and after such time as we by our Letters Patents under our great Seale of England shall allow approve and confirme the same any thing before in these presents contained to the contrary thereof in any wise notwithstanding c. In witnesse whereof We have caused these our Letters to be made Patents Witnesse Our selfe at Westminster the twelfth day of May in the sixteenth yeare of our Reigne Per Regem Ipsum Willys To which I shall adde the Kings further Warrant for making a particular Canon and Oath in the late Convocation Charles R. MOst reverend Father in God right trusty and right entirely beloved Councellour Right reverend Fathers in God right trust and well-beloved and trusty and well-beloved We great you well Whereas We out of our meere grace and favour and for the good and peace of the Church have granted to you our Arch-Bishop of Canterbury free leave and licence under our great Seale of England bearing date the twelfth of this instant May to propose treat and conclude upon all such necessary Articles and Canons which you shall finde fit to be ordered for the peace and government of this Church Provided that you shall thereby have no power to meddle with nor alter any thing ratified and confirmed by Act of Parliament And whereas we have further in that Licence which we have granted unto you reserved power to our selfe to command you to propose treat and determine of any such thing or things as we shall recommend unto you under our Signe Manuall or Signet These are therefore to will and require you to propose treat and conclude upon such a Canon as may secure us and all our loving subjects against all growth and encrease of Popery in this our Kingdom as also of any hereticall or schismaticall opinions to the prejudice of the doctrine or discipline of this Church of England established by Law And that in this case you agree upon some Oath to be taken by your selves and all the Clergie respectively and by all which shall hereafter take upon them holy Orders that they shall adhere constantly to the doctrine and discipline here established and never give way for so much as can any way concerne them to any innovation or alteration thereof And when you have made this Canon and inserted this Oath we require you to present it to us that we may advise upon it and if upon mature consultation we approve it we shall confirme it and then give you power under our great Seale both to take the said Oath your selves and to administer it to all such as the Canon appoints Given under our Signet at our Court at White-hall the seventeenth day of May in the sixteenth yeere of our Reigne To the most Reverend Father in God our right trusty and right entirely beloved Councellour the Lord Arch-bishop of Canterbury Primate and Metropolitane of all England To the right Reverend Fathers in God our right trusty and well-beloved the Lords Bishops and to our trusty and well-beloved the rest of the Clergie now assembled in Convocation 3 ly by the Kings letters Patents for Confirmation of those Canons after they were made presented to be confirmed by him In the first canon whereof they thus truly resolve That a supream Power is given to this most excellent Order of Kings by God himself in the Scriptures which is That Kings should rule and command in their severall dominions all persons of what rank or estate soever whether Ecclesiasticall or Civill and that they should restrain and punish with the temporall sword all stubborn and wicked doers The care of Gods Church is so committed to Kings in the Scripture that they are commended when the Church keeps the right way and taxed when it runs amisse and therefore her government belongs in chief unto Kings For otherwise one man would be commended for anothers care and taxed but for anothers negligence which is not Gods way The power to call and dissolve Councels both nationall and provincial is the true right of all Christian Kings within their own Realms or Territories
Deo amabiles Motropolitas Episcopos qui hîc in regia urbe commorantur dcinceps Militantes incolas sancti Palatii necnon ex Collegiis popularibus ab excubitoribus insuper etiam quosdam de Christo dilectis exercitibus tam ab à Deo conservando Imperiali obsequio quamque ab Orientali Thraciano similiter ab Armeniano etiam ab exercitu Italiae deinde ex Cabarisnianis Septensianâ—s seu de Sardinia atque de Africano exercitu qui ad nostram pietatem ingressi sunt jussimus praefatas Synodaelium gestorum chartas in medium adduci CORAM SVPRADICTIS OMNIBVS LECTIONEM EORVM FIERI OMNESQVE DILIGENTER AVDIENTES SIGNARE IPSAS FECIMVS quorum auditorum universitas in nostris manibus eas praebuit chartas ut debeamus nos tenendo inviolatas conservare ipsas ut non licentia fuerit in quolibet tempore his qui timorem Dei nolunt habere aliquid corrumpere aut submutare ab his quae inserta sunt in praenominatis Synodalibus gestis quas totas chart as benè definitas in temporibus sanctae memoriae nostrae Patris ex probabilibus sanctis Patribus qui propriae linguae manuum fidem apud Dominum nostrum Jesum Christum verumque Deum existentem confirmasse dignoscitur consitentes eam docuisse nos speramus clementissimum nostrum Deum quia usque dum noster spiritus statutus est ex Deo esse in nobis ipsas chartas illibatas incommutabiles semper conservabimus These Canons which were compiled by his command in that Synod after his Fathers decease the Bishops sent unto him to peruse and ratifie as appears by the last clause of their Oration to the Emperor prefixed before them by way of a Preface Propterea ergo tuae pietatis jussu in hac Dei observatrice imperante urbe congressi sacros Canones conscripsimus Quamobrèm tuam Pietatem rogamus eas quae prius in hac Dei observatrice Civitate à congregatis sub bonae memoriae Imperatore nostro Patribus editae sunt voces tibi adducentes ut quemadmodum Ecclesiae scriptis Ecclesiam bonorasti sic eorum quae per viros pios synceros decreta sunt finem obsignes The resolution therefore of this generall Synod was That they could make no Canons but by the Emperors license and command nor promulge any but such as hee should first approve and confirme The 12. and 13. Councells of Toledo assembled by King Eringius were in verity nought else but Parliaments for first the temporall Governours Nobles and Magistrates of all Spaine were present in them Praesto sunt religiosi provinciarum Rectores clarissimorum ordinum totius Hispaniae Duces illustres aulae regiae viri quos interesse huic sancto Concilio delegit nostra Sublimitas clarissimi nostri Palatij Seniores sublimiumque virorum Nobilitas saith the Kings Instructions in both Councells and these had decisive voyces Secondly the King in those Councells made two severall Speeches to them both and gave to them severall writings concerning such things as hee desired to have enacted commanding both the Nobles Senators Captaines Courtiers and Councells as well as the Prelates in those two Councells to draw those Scrolls hee gave them into severall Heads Lawes and Canons expunging every thing that was absurd and correcting all things contrary to justice both in those Scrolls and in his Lawes prescribing them in generall Heads what Lawes to make but referring the particular forming and penning of them to them Thirdly In those Councells hee desires them to rectifie and confirme the Lawes hee delivered them in Writing many of which are meerly of State affaires and temporall matters concerning the Kings title to the Crowne and the like and when those Councells had made Lawes Canons and Constitutions according to his directions in writing hee then confirmed them both by his Royall Subscription and Edicts in this manner In nomine Domini Havius Eringius Rex magna salus populi gentisque nostri ac regni conquiritur si haec Synodalium decreta gestorum sicut pie devotionis nostrae studio acta sunt ita inconvulsibilis legis nostrae valido oraculo confirmentur ut quod sercuissimo Celsitudinis nostrae jussu venerandis Patribus clarissimis Palatij nostri Senioribus discreta titulorum exaratione est edictum praesentis hujus legis nostrae edicto ab aemulis defendatur Est enim haec ipsa definitio Canonum sub isto notata ordine titulorum Then follow the Acts Canons and Constitutions of the Councells made by the Kings direction and assent as most of the Canons and the two Scrolls delivered by him to these two Councells manifest with the Subscriptions of the Bishops and Nobles and then the Kings Edict of confirmation which recites them proceeds thus Quibus omnibus Synodalibus gestis decretis atque peractis debitam reverentiam honoris impendimus patulum autoritatis nostrae vigorem his innectare properamus Ideo praemissas has constitutiones Synodicas à praesenti die vel tempore id est ab octavo Calendas February anno primo regni nostri nullus audeat contemnere nullus etiam praeterire nemo earundem constitutionum audeat jura convellere nullus temerator haec decreta subvertere Nemo illicitator vel contemptor vigorem his institutionibus subtrahat sed generaliter per cunctas regni nostri provincias haec Canonum instituta nostrae gloriae temporibus acta autoritatis debitae fastigio praepollebunt irrevocabili judiciorum exercitio prout constituta sunt celebria habebuntur Si quis autem haec instituta contemnat contemptorum se noverit damnari sententia id est ut juxta voluntatem nestrae gloriae excommunicatus à coetu nostro resiliat insuper partem decimam facultatis suae sisci partibus sociandam amittat Quod si nihil habuerit facultatis unde praedictam compositionem exsolvere possit absque alia infamia sui quinquaginta oportebit eum ictibus verberari ut semper infamis permaneat Edita Lex in confirmatione Concilij Toletani sub die octavo Calendas Februarij anno felicitèr primo regni gloriae nostrae In nomine Domini Flavius Eringius Rex hoc legis nostrae Edictum in CONFIRMATIONE HVJVS CONCILII PROMVLGATVM SVBSCRIPSI The Passages and Canons of both these Councells duly considered will manifest That the Councells of Spaine and others in those dayes were nought else but Parliaments consisting as well of temporall Lords Great men Councellors Magistrates as of Bishops That Princes then could not make Ecclesiasticall Canons and Constitutions to bind their Subjects but in Parliament and that the Bishops alone could not then make any such Canons or Lawes but in Parliament with the concurrent consent and direction of the temporall Lords and Governours the Kings license for that purpose first gained nor yet promulge them without the Kings Letters Patents first obtained
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 Staâ—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 â—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 oâ—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
his temporalities goods Chattels seised into the Kings hands Who yet would not yeeld but pronounced them all excommunicate who disobeyed the former constitution which being made onely by the Clergy and not ratified by King and Parliament was held but a meere idle nullity and audacious disobedient attempt obliging neither King nor subject Anno 1418. A Provinciall Synod was held at London under Henry Chichely Archbishop of Canterbury Where upon the motion of Robert Guilbert President of Merton Colledge in Oxford and of Thomas Kington it was decreed That the Patrons of Ecclesiasticall benefices when they fell voyd should conferre them upon such who were Graduates in the Universities having a respect of their degree and profession according to the value of the living This Constitution being propounded in the Congregation in the University to be there ratified the Masters of Arts Monks and Professors who exceeded the Regents of the University in multitude rejected and refused it but K. Henry the fifth being addicted to learning An. 1420. writ to the Synod then assembled at London wherein the Chancellors both of Oxford and Cambridge petitioned that it might be received though the Maisters of Art had refused to receive it to passe the Decree which some Friars there opposed Judge in Parliamento postea confirmavit and he afterwards confirmed the same in Parliament Loe here a Constitution first made in a Synod or Convocation rejected in both Vniversities because not then confirmed by the King in Parliament to make it binding and efficatious for future times a most pregnant evidence for proofe of that I now contend for To cite more presidents of this nature in former ages would be more tedious than necessary in so plaine a case I shall therefore passe from Councels and Synods to direct Acts of Parliament touching Religion and Church affaires As high as we have any Acts of Parliament since the Conquest remaining on Record We finde all Ecclesiasticall matters and Church affaires setled and ratified by speciall Acts of Parliament only not by the Clergies Canons The great Charter of England first granted by King Henry the first ratified afterwards at Runing-Mead by King John revived by King Henry the third in the ninth yeare of his Raigne confirmed frequently by him afterwards by King Edward the first in the 28th yeare of his Raigne yea by all or most of his successors in speciall Acts of Parliament by the Petition of Right 3. Caroli begins thus Know yee that we to the honour of Almighty God and for the salvation of the Soules of our Progenitors and Successors Kings of England to the advancement of holy Church c. First We have granted to God and by this our present Charter have confirmed for Vs and our Heires for ever more that the Church of England shall be free and have all her rights and liberties inviolable And that all her elections shall bee free c. An. 1164. In February there was a Parliament held at Clarindon by King Henry the 2d his command who was there present where all the Archbishops Bishops Abbotts Priors Earles Barons Nobles and great men of the Realm made a Recognition or Recerd of part of the Customes and Liberties of the Kings Ancestors to wit of King Henry the first and others which ought to be observed and kept by all men in the Realm by reason of the dissention and discords frequently emerging betweene the Clergy and the Kings Iustices and great men of the Realme the substance whereof was conteined in these 16. Chapters recorded by Matthew Paris 1. That if any controversie concerning the advowson and presentation of Churches should arise betweene Laymen or betweene Laymen and Clergie men it should bee heard and determined in the Court of our Lord the King 2. That the Churches of the Fee of our Lord the King could not bee given in perpetuity or appropiated without his grant or concession 3. That Clergiemen accused of any thing being summoned by the Kings Iustice should come into the Kings Court to answer the same there that so the Kings Court might determine what was to bee answered there and what fit to be answered in the Ecclesiasticall Court that so the Iustice might send into the Court of holy Church to see how the matter shall there be handled And if the Clarke shall be convict or confesse the crime that the Church from thenceforth ought not to protect him 4. That it shall not be lawfull to the Archbishops Bishops and persons of the Realme to goe out of the Realme without the Licence of our Lord the King and if they shall goe thence if it shall please the King they shall give him security that neither in going nor in returning nor in staying they shall procure hurt or dammage to our Lord the King or the Realme 5. That excommunicate persons ought not to give a pledge to remaine vadium ad remanentiam nor to take an Oath but onely to give a surety or pledge of standing to the judgment of the Church where they are absolved 6. That Laymen ought not to be accused but by lawfull accusers witnesses in the presence of the Bishop that the Arch-Deacon may not lose his right nor any thing that he ought to have from thence And if those who are accused shall be such that no man will or dares to accuse the Sheriffe being required by the Bishop shall sweare twelve lawfull men of the Vicenage or Town before the Bishop that they shall manifest the truth concerning such according to their Consciences 7. No man who holds of the King in Capite nor any of his Dominicall Ministers or house-hold servants shall be excommunicated nor the Lands of any one of them put under interdict unlesse our Lord the King if he bee within the Realme be first acquainted therewith or his Iustice if he shall be forth of the Realme the reason then rendred was lest the King should at unawares Kisse or admit to his Councell such an excommunicate person resorting to him that so he may doe right concerning him and see that what appertaineth to the Kings Court shall be there determined and that what belongeth to the Ecclesiasticall Court may bee sent unto it that it may bethere descided 8. Concerning appeales if they shall happen they ought to proceed from the Arch-Deacon to the Bishop from the Bishop to the Archbishop and if the Archbishop shall faile in exhibiting Iustice they may appeale to our Lord the K. in the last place and that by his precept the controversie may be ended in the arch-Arch-Bishops Court so that there ought to bee no further proceeding without the assent of our Lord the King 10. If any be cited by the Arch-Deacon or Bishop for any offence for which he ought to answer to them and will not appeare upon their citations it shall bee lawfull for them to put him under interdict but they ought not to excommunicate him till he be convented before the
chiefe Officer of the King in that parish that he may admonish him to appeare to give satisfaction And if the Officer of the King shall faile therein he shall be in the Kings mercy and from thenceforth the Bishop may with Ecclesiasticall Iustice curbe the party accused 11. Archbishops Bishops and all persons of the Realme who hold of the King in Capite may haue their possessions of the King as a Barony and shall answer for them to the Justices and Ministers of the King and shall follow and doe all Royall Customes and like other Barons ought to bee present in judgments of the Kings Court with the Barrons untill it proceed to diminution of Members or unto death 12. When an Archbishopricke Bishopricke or Abbey or Priory shall become voyde in the Kings Dominion it ought to be in his hands and he shall receive all the rents and issues thereof as the Dominicall rents And what shall come to the Church is to bee disposed of Our Lord the King ought to commend the best persons to the Church and the election ought to be made in the Kings owne Chappel by assent of the King himself and advise of such persons of the Realme which he shall call unto him to do these things and there the person elected shall do his homage and fealty to the King as to his Liege Lord of life and members and of terrene honour saving his Order before he shall be Consecrated 13. If any of the Nobles of the Realme shall deny to do Iustice to any Archbishop or Bishop or Archdeacon concerning him or his our Lord the King ought to do them Iustice And if peradventure any shall deny to our Lord the King his right the Archbishops Bishops and Archdeacons ought to admonish him that he may satisfie the King 14. The Church or Churchyard ought not to detain the Chattels of those who are in forfeiture of the King against the Iustice of the King because they are the Kings owne whether they bee found within or without the Church 15. Pleas of Debts which shal be due either by interposition of an oath or without oath are in the Iustice of the King that is triable in the Kings temporall Courts 16. The Sonnes of Peasants or Villanies ought not to bee ordained Priests without assent of the Lord in whose land they are knowne to bee borne To this Recognition or Record of the Customs and Liberties of the Realm the Archbishops Bishops Abbots Priors Clergy with all the Earles Barons and Nobles swore and firmly promised viva voce in the word of truth that they would keep and observe it to our Lord the King and to his Heirs bona fide and without male engin for ever His itaque gestis potestas Laica in res personas Ecclesiasticas omnia pro libitu Ecclesiastico jure contempto tacentibus aut vix murmur antibus Episcopis potius quam resistentibus usurpabat writes Matthew Paris Whereupon Thomas Becket then Archbishop of Canterbury repenting of his oath to observe them humbled and afflicted himselfe exceedingly with fasting and corporall pennace yea he suspended himself from the office of the Altar untill the Pope absolved him from his pretended offence and oath which he readily obtained After which Becket resusing to conforme himselfe to the King and these Lawes he had sworne to departs secretly without the Kings license into Flanders and from thence repaired to Pope Alexander at Sennes who curteously entertained him and refused the demands of the Kings Embassadours to do him justice against Becket or to confirme these Lawes and ancient Customs of the Realm Whereupon the King sent this ensuing Writ to every Sheriffe of England Praecipio tibi quod si aliquis Clericus vel Laicus in Baliva tua Romanam curiam appellaverit eum capias firmiter teneas donec voluntatem meam praecipiam omnes reditus Clericorum Archiepiscopi possessiones saiseas in manum meam Et omnium Clericorum qui cum Archiepiscopo sunt Patres Matres Fratres Sorores Nepotes Neptes pones per salvos plegios catalla eorum donec voluntatem meam inde praecipiam Et hoc Breve tecum afferas cum summonitus fueris Gilberto quoque que Londonensi Episcopo scripsit in haec verba Nosti quam malè Thomas Cantuariensis Archiepiscopus operatus est adversum mo regnum meum quam malè recesserit Et ideo mando tibi quod Clerici sui qui detraxerunt honori meo regni qui circaâ—psum fuerunt post fugam suam non percipiant aliquid de reditibus suis quos habuerunt in Episcopatu tuo nisi per me nec habeant aliquod auxilium vel consilium aâ—te Item Justitiariis suis significavit per literas sub hac forma Si quis inventus fuerit ferens literas Domini Papae vel mandatum aut Thomae Archiepiscopt continens interdictum Christianitatis in Anglia capiatur retinetur donec inde voluntatem meam praecipiam Item nullus Clericus Monachus Canonicus vel conversus vel alicujus religionis transfretare permittatur nisi habeat Literas de reditu suo Justitiarii vel nostras Si quis aliter inventus fuerit capiatur retineatur Nullus appellet ad Papam neque ad Thomam Archiepiscopum neque aliquod placitum ex eorum mandato teneatur neque aliquod mandatum eorum in Anglia recipiatur si quis tenuexit vel receperit vel tractaverit capiatur retineatur Si Episcopi Abbates Clerici vel Laici sententiam interdicti tenuerunt sine dilatione a terra eijciantur tota eorum Cognatio Ita quod nihil de catallis suis secum ferant sed catalla eorum possessiones in manu nostra saisiantur Omnes Clerici qui reditus habent in Anglia sint summoniti per omnes comitatus ut infra tres Menses praecise ad reditus suos sicut diligunt eos amant in Angliam redeant Et si ad terminum praefixum non venerint reditus eorum in manu nostra saisiantur Episcopt Londoniensis Norioensis summoneantur quod sint eoram Justiciariis Nostris ad rectum faciendum quod contra Statuta Regni interdixerunt terram Hugonis Comitis in ipsum sententiam Anathematis intulerunt Denarii beati Petri colligantur serventur quousque inde vobis Dominus Rex voluntatem suam praeceperit Ecclesiam praeterea Cantuariensem omnia bona Archiepiscopi Rex et suorum consiscari praecepit Et quod in nullius historiae legitur serie totam ejus congnationem exilio ascriptam addixit sine delectu conditionis sexus aut aetatis Et cum Ecclesia Catholica oret pro haereticis schismatieis perfidis Judaeis prohibitum est a Rege ne quis Archiepiscopum orationum suffragiis adjuvaret Such Ecclesiasticall jurisdiction did the King then exercise To what an unfortunate end this opposition brought this Archbishop Becket our Historians at large record and I
That every particular Church now consisting of visible Saints is under Christ as the SOLE Head King Governour Law-giver of it and so is subject to no other jurisdiction then that of Christ his Spirit his Word We hold that every particular Church is under Christs Government as the SOLE Head King Lord Governour thereof That it is a spirituall House whose only builder and Governour is Christ and not man A spirituall Kingdome whose only King is Christ and not man A spirituall Republique whose only Law-giver is Christ and not man A spirituall Corporation whose only head is Christ and not man That no man nor power on earth hath a Kingly power over this Kingdome That no earthly Law-givers may give Lawes to this Kingdome or Republique That no man may claime or exercise a head-ship over this body That no man can or ought to take the Government of this Communion of Saints That men may not appoint limit constitute what Congregations of all sorts they please to be Churches of Christ as Nations and Parishes That Christ is King over every mans conscience so that no power on earth may sit with him in this his Thror c. yea so as no human power not Law may intermeddle to prescribe rules for the Government or formes of this Church of Christ That the Children of those Parents who will not thus acknowledge Christ to be their only King and Law-giver and are ashamed or afraid to be thus in Covenant with Christ in the Independents way as their King are not to be baptized such Parents not being within the Covenant A very hard and uncharitable censure of all Churches Persons who are not Independent That Christ is the ONLY Potentate Law-giver Lord King Governour over Churches and not men Not Councells or Senates That this is Christs Royall Prerogative which is incommunicable to ANY or All the powers on earth That Christ hath not delegated his Kingly Office to any Princes Magistrates PARLIAMENTS to set up any forme of Worship of Church-Government who have no authority to make Lawes to rule or binde any particular Churches and if they make any such they shall be apt to transgresse them but yet men must take heed how they punish them for that transgression with any enseresciderdum or Club-law This is the summe and oft repeted Argument of my deare Brothers Booke To give a satisfactory Answer to this Objection I shall first demand of my dear Brother what he meanes by this frequently incultated assertion That every particular Church is under Christ as the only Head King Lawgiver Lord and Governour thereof c. and that none ought to have any power rule or Jurisdiction in the Church but Christ alone If he intends that he is the only immediate HEAD KING Law-giver and Governour as he clearely doth I desire some solid scripture proofes for it since he produceth none to evince it the rather because it is quite contrary to sundry expres Texts which stile Kings Majestrates Ministers Heigher powers Rulers Overseers Fathers Nursing Fathers Pastors of over their Churches people flocks who are ever enjoyned to obey submit unto them yea Rulers of the Templ Congregation Church Rulers Chife Rulers of the Synagogu â—ay sometimes Gods sitting upon Gods throne to whom men must yeeld obedience for the Lords sake as to Gods Christs Vicegerents and Embassadours Yea Brother your selfe informe us out of Scripture pag. 51. That the members of Christs body are Superiour and inferiour as Pastors Teachers Teaching and RVLING Elders Helps GOVERNMENTS Bishops or OVERSEERS c. If Christ then be the onely Head King Ruler Shephard Governour of his Church and none else in that sense you object what will become of these Pastors Ruling-Elders Governours Overseers which you averre Christ hath fixed in his Churches What will become of those Independent Ministers who take upon them like absolute kings Popes Lawgivers to erect gather new Chruches of their own forming and prescribe both Lawes Rules Covenants to them which Christ never made Brother you must expunge the 1 Tim. 5. 17 Let the Elders that RULE well be counted worthy of double honour Rom. 13. 1. Let every soule BEE SVBIECT to the HIGHER POWERS c. even for CONSCIENCE SAKE Tit. 3. 1. Put them in minde to be subject to Principalities and Powers to obey Magistrates c. Heb. 12. 17. Obey them that have THE RULE OVER YOU and SVBMIT your selves for they watch for your soules as they that must give an account c. Remember Salute all them that have the RVLE OVER YOV Acts 20. 28. Take heed to the floke over which the Holy Ghost hath made you OVERSEERS or Bishops to feed the Church of God which he hath purchased with his bloud Rom. 12. 8. HE that RVLETH let him do it with diligence 2 Chron. 9. 8. Blessed be the Lord thy God who delighted in thee to set thee VPON HIS THRONE to BE KING FOR THE LORD THY GOD c. with infinite other Texts yea the very names of Kings Princes Governours Elders Rulers Magistrates Overseers Bishops Teachers Fathers Pastors Masters c. out of the Bible and all Christian States Churches if you will make Christ alone the only immediate King Ruler Governour Lawgiver of his Church in the sence you here object it and that no person nor humane power whatsoever hath or ought to have any rule power or jurisdiction in or over the Churches people of God But if you meane no more but that Christ is the onely supreame Head King Lord Governour Lawgiver Pastor and Ruler of his Church and that all other Kings Princes Magistrates Rulers Pastors Ministers Governours are subordinate unto him as to the King of Kings Lord of Lords and chiefe Shepheard of his flockâ— your proposition is true but your conclusion miserably false that therfore there are no subordinate Kings Magistrates Rulers Pastors Governours Lawgivers under him to rule governe order instruct direct his Churches and people which the forequoted Texts your owne experience reason and the whole world will contradict Secondly I shall demand of my Brother how he proves all his forementioned Paradoxes concerning Christ and the Church in the sense he propounds them Or that his own or other Independent Churches lately gathered erected by no other but by men and consederated by a new Covenant framed by men not Christ to be built governed ordered onely by Christ and not men to be the spirituall Kingdome of Christ c. whole onely King Governour Head is Christ and not man Or in what Text he can shew me any particular Independent Church stiled Christs spirituall Kingdom and Republike I find it prophesied Revl 11. 15. That when the seventh Angel foundeth The KINGDOMES of this World which must be meant of Nationall Churches which you deny not of Particular Congregations which are no such Kingdoms shall become the Kingdomes of the Lord and of his Christ That all the
Emperors Edict that they should reason of the faith and Arrian opinions in the hearing of Leonas a Layman of great authority and fame in the Emperours Court who was chief President in that Synod to order it who in the first day of its assembly commanded that every one should freely propose what pleased him best touching the questions of faith there controverted he and Laurocius Captaine of the Garrison in Isauria swaying that Councell ordering what they should treat of and how proceed Yea Constantius himselfe as Nicephorus records appointed both the Synods of Ariminum and Seleucia by his letters that they should first of all decide the controversie of the profession of the faith afterwards deliberate of other Ecclesiasticall sanctions and after that of those Bishoâ—s that had been wrongfully deposed or banished The second generall Councell at Constantinople was enjoyned by Theodosius the elder who called it to confirme the Decrees of the Councell of Nice and to deliberate upon whom the See of Constantinople then voyd should be conferred In the fourth generall Councell of Chalcedon Pulcheria the Empresse writes to Strategus Consul of Bithynia to have a 〈◊〉 that the Synod should observe all discipline and order without commotion or contention and in this Councell divers of the Emperors great temporall Officers and Senators of State sate as chief Moderators Governours Iudges ordering and directing the Bishops who did nothing but by their advice and permission according to the Emperor Martianus instructions in his Oration in and to that Synod and his Epistles to Count Elpidius In this Councell Dioscorus Juvenalis and Thalassius were condemned and put from their Bishopricks by the Lay-Iudges and many noble Senators presiding in it who used this speech in that Councell concerning the debates of faith We see that touching the right Catholike faith the next day wheron the Councell shall meet there must be had a more diligent examination When all matters were ended the Bishops and Councel remitted all their acts to the Emperours Majesty yea when the Senate and Emperor had concluded and published their Iudgements of the Councels determinations The Bishops of the East brake out into these acclamations Iust and right is the Iudgement Long life to the Senate many yeares to the Emperour acknowledging them the supream Iudges as well in Ecclesiasticall Causes and matters of Religion as in temporall affaires Whence the Emperour Theodosius writ thus to this Councell Because we know the most magnificent Florentius a Nobleman to be faithfull and approved in the right faith Therefore we will that he be present to heare the debates of the Synod because the Disputation is concerning matters of faith he being one of the Iudges in this Councell This Emperour Theodosius the better to bring his Churches unto unity then miserably distracted about matters of faith Commanded an assembly of the Bishops and best learned men to appeare before him and to write several confessions of their faith That himselfe might Iudge between them which faith was best Having received their writings he commanded publike prayers to be made and himself also prayed both publikely and in private that it would please God to assist him with his holy Spirit and to make him able to Iudge justly then he perused and considered each Confession assunder by it self and in conclusion alowed onely the Catholikes and condemned the confession written by the Arrians and Eumonians and tore them in pieces Theodosius the yonger sent his letters to Dioscorus the Patriark of Alexandria in this and in the second Councell of Ephesus with these words We decree that the most holy Bishops meeting together this vaine doubt may be discussed and the true Catholik Faith confirmed Therfore your Holinesse bringing ten of the most reverend Metropolitanes that be within your Province and ten other holy Bishops well accounted of for their learning and conversation shall hasten withall speed to meet the rest at Ephesus by the first of August next no Bishop besides the foresaid troubling the sacred Synod If any Bishop fayle to come to the place prefixed at the time appointed he shall have no excuse neither with God nor with us As for Bishop Theodoret whom we command to attend at home on his own Church we determine that he shall be none of our assembly unlesse the whole Councell thinke good to have him one But if any dissent We command that the Synod fit without him and dispatch those things which we have appointed them And in his second letters to the same Bishop Because we suspect that some of Nestorius favourers will do their best to be present at this Councell Therefore we thinke needfull to advertise you and the whole Synod that not onely in respect of Theodoret but of all others which have ought to do in your Councell we give you the preheminence and chiefe authority And those that adde or diminish any thing to or from the Nicene Fathers and the Fathers since that assembled at Ephesus We suffer them not to presume any thing in this sacred Synod but will have them subjected to your Judgement because we have appointed this Synod for that purpose And in the very same Councel he likewise commanded That those Bishops who not long before sate in judgement upon Eutiches should be present but silent and give no voices with the rest as Judges but expect the common determination of all the rest of the sacred Fathers And also commanded that they should neither say neither do any thing in the sacred Councell untill the right faith were considered Yea the Emperour Martian charged the 630. Bishops in this great Councell That none of them should dare dispute of the Nativity of our Lord and Saviour Christ otherwise that the 318. Fathers of Nice determined And in the same Councell Eusebius Bishop of Dorilaeum put up a supplication to the Emperours Martian and Valentinian against Dioscorus Patriarke of Alexandria with these words In most humble wise we beseech your Majestie that you will command the Reverend Bishop Dioscorus to answer to those things that we lay to his charge for confirming a wicked heresie and deposing us unjustly directing your sacred Precept to an oecumenicall Councel of Bishops to hear the matter between us and the said Dioscorus and then to certifie your Majesties of the whole cause that you may doe therein what shall please your Graces Iustinian the Emperor limited the fift generall Councell of Constantinople and the Bishops in it how they should proceed and what they should treat of to wit of the three Chapters by his letters to them and they there accord what the Emperor did specially command them to doe Constantius Pogonatus prescribed the sixt generall Councell of Constantinople called by him to handle and define the Chapter delivered to them by his appointment and to prove the same by holy generall Synods and Fathers yea himselfe sate President in that Councell and directed
it as he thought meet as the beginning and end of every action of that Councell manifests Praesidente eodem piissimo Christo dilecto magno Imperatore Constantino Constantinus piissimus Imperator dixit sufficit c. being frequent in it and many of his temporall Lords and Officers sate there as Iudges with him The seventh generall Idolatrous Councell of Nice was likewise regulated directed by the Letters of Constantine and Irene by Petronius the Proconsul Theophilus an Earle of the Emperours retinue and by Iohn his royall Porter and treasurer of his Army with other Senators who sate as chiefe Moderators in that Councell The eighth generall Councell was prescribed and directed how to proceed and what to treat of by the Emperour Basilius who caused his Princes Nobles to sit in that Councell as principall directors whose judgement the Popes Legates themselves in that Councell demanded himselfe sitting sometimes in person therein as chiefe President As all these generall Councels were thus regulated and directed by those Emperours that summoned them and debated concluded nothing but by their speciall license and direction so all other forecited Nationall and Provinciall Councels were likewise limited and directed by those Emperours and Kings that called them as the fore-alleaged quotations evidence at large to such as will peruse them many of these Emperours or their temporall deputies sitting personally in them as chiefe Presidents and Moderators The Bishops in the first Councell of Orleance Anno 500 write thus to King Clodoveus who summoned them Al the Priests which ye have summoned to the Councell and commanded to meet together to treat of necessary things secundum vestrae voluntatis consultationem ET TITULOS QVOS DEDISTIS according to the consultation of your pleasure and the Titles You have given us to consult of we have deferred those things which seeme meet to us so as if those things which we have concluded may likewise be approved to be right by your judgment the consent of so great a King and of a greater Lord may by his sentence and authority confirme the sentence of so many Clergy-men to be observed Lo here the King prescribes this Councell particularly in writing what Articles they should treat of In the severall Councell of Basil Florence Lateran Constans Sennes and Trent summoned by the Popes usurped authority the Emperours Kings Dukes and Princes who sent any Bishops to those Councels had their Embassadours and Agents though Lay-men present at them swaying and directing them as they thought meet though in some of them the Popes faction bare the greatest stroke as the severall Acts of these Councels testifie some of which made choice of those Princes for their Protectors against the Popes Tyrannie and usurpations which they limited decreeing a Councell to be above the Pope and he to be bound by its determinations as well as others some Popes being accused convented and deprived by them though they summoned them or rather were enforced to call them by the Emperours and other Princes against their wills To conclude with forraigne presidents the late famous Synod of Dort Anno 1618. was summoned by the Estates of the Netherlands who enacted certaine Lawes and prescribed Articles to the Synod according to which they should proceed appointing likewise divers Lay-men to sit in that Councel as their Delegates commanding and enjoining them and every of them in their name and in their authority to open the Synod and in all and singular Sessions and Actions to be present in their name so to compose and order all things with their prudence counsell and moderation which belonged to their inspection and care according to those speciall instructions they had given them and the Articles they had framed for the ordering and holding of that Synod which had power to treat of order or determine nothing but what they had commission and licence from the States In few words the famous Lawyer William Ranchin though a Papist resolves and proves at large in his Review of the Councell of Trent l. 3. c. 10. That it belongs to Emperours and Kings to prescribe not onely the place time beginning and ending but the very forme of Councels proceedings both in respect of persons matters to be debated and all other circumstances As for Lay-mens presence presidencie and Votes in Councels to give a little satisfaction herein in this Section it is evident by the fore-cited Texts in the old Testament and by Presidents in the New as Acts 6. 1. to 8. c. 15. 4. 9. 22. to 30. c. 16 4. c. 21. 22. That Lay-men were not onely present but had Votes and consents in the first Apostolicall Councels In the Councell of Ephesus Candidianus a Noble-man was appointed by the Emperour to hold the Fathers there assembled to the points proposed and to keepe every man in order giving the chief directions therein In the French Synod under Childerick and Charleman Anno 742. In the Synod of Soissons Anno 744. of Wormes Anno 787. of Meaux Anno 845. of Pistis Anno 863. of Tribur under King Arnulph of Paris under Philip Augustus An. 1179 and 1184. of Vezelay under Lawes the young of Paris under Philip the faire called against Boniface the 8. of Bourges under Charles the seventh which made the pragmatick sanction of Toledo 6. 8. 12. of Rome under Otho the first of Wormes under Henry the third in the Councell held in the South part of England An. 903. under King Edward and Raymond in the Councell of London under King Stephen An. 1150. these severall Kings together with their Barons Nobles and other Lay-men were present in all these Synods Councells as well as Clergie-men or Prelates and gave consenting confirming Votes to things debated concluded in them these Synods being in truth meere Parliaments as I shall hereafter manifest In the Councell of Constance there were present not onely the Emperour but divers Embassadours Nobles and Lay-men of great quality and condition to wit 24 Dukes 140 Earles divers Delegates of Cities and Corporations divers learned Lawyers and Burgesses of Vniversities who were not debarred from voices and power of deliberating therein In the first Councell of pisa there were present to the number of 400 Lay-men of note delegates of Cities Vniversities States Princes and Doctors of Law who not only deposed two Anti-popes and elected a third true Pope but likewise treated of points of Divinity and made many good ordinances for the Church of God In the second Councell of Pisa there were many such Delegates Doctors of Law and Lay-men well skilled in divine and humane matters In the first Councell of Nice there were present writes Socrates many very learned Lay-men and well skilled in disputation who puzzled great Philosophers in matters of dispute In the generall Councell at Reimes holden by Pope Eugenius the third there were a great company of Nobles as well as Bishops
in this point let him consult William Ranchin his Review of the Councell of Trent who is copious and zealous in this point though a Papist Bishop Jewels Defence of the Apologie part 6. cap. 12. 13 14. 15. and the ensuing Sections But to returne to the point proposed As in the forecited Councels abroad so in our Councels Synods and Convocations at home as our Kings and their Nobles were usually present and president as I shall shew hereafter so the Prelates could debate propound and conclude nothing without their privity and licence Hence Eadmerus records of King William the Conquerour that all divine and humane things did expect his approbation for he would not suffer any man living within any of his Dominions to receive the Bishop of Rome as Apostolicall unlesse he commanded him nor yet to accept his Letters upon any termes if they had not been first shewed to him Yea he did not suffer the Primate of his Kingdome to wit the Arch-bishop of Canterbury or Dover if he sate President in a generall Councell of Bishops gathered together to decree or prohibit any thing but those things which were sutable to his will and had been first ordained by himselfe William Rufus his sonne tooke the same jurisdiction on him and challenged it as part of his Prerogative Royall For when as Anselme Arch-bishop of Canterbury moved him to command if he pleased Councels to be renued according to the ancient use because there had not been a generall Councell of Bishops in England since his comming to the Crowne not in many yeares before he gave him this reply When I shall thinke fit I will do something concerning these things not at thine but my owne pleasure But of this I shall thinke some other time and adds by way of scoffe but thou whence speakest thou in a Councell After this the King demanded of him from what Pope he would receive his Pall he answered from Urbane which the King hearing replyed That he had not yet taken him for Apostolicall neither had it been the Custome in his or his Fathers time that any one should name a Pope in the Kingdome of England without or besides his license or election and whosoever would wrest from him the power of this dignity should do all one as if he had endeavoured to take his Crown from him If therefore thou recivest the same Vrban or aeny other for Pope in my Kingdome or holdest him being received thou doest against the faith and allegiance which thou owest to me neither dost thou offend mee lesse in this than if thou shouldest endeavour to take my Crown from me Wherefore know that thou shalt have no share or portion in my Kingdome if I shall not see thee by open assertions to deny all subjection and obedience to Vrban at my desire Which he refusing to doe the Bishops and Noblemen sent to him from the King told him Thaâ— the whole Kingdome complained against him that he endeavoured to take away from their common Lord the dignity of his Empire and his Crowne For whosoever deprives him of the customes of his Royall dignity takes away his Crown and Kingdome together with it for one cannot be decently enjoyed without the other So little power had the Pope or Prelates here in England in those times Anno 1234. there was a Councell held at Glocester to which the King sent this Mandate Mandatum est omnibus Episcopis qui conventuri sunt apud Gloucestriam die Sabbati in chrastino Sanctae Catharinae firmiter inhibendo quod sicut Baronias sua quas do lege tenent diligunt nullo modo praesumant Concilium tenere de aliquibus quae ad coronam Regis pertinent vel quae personam Regis vel statum suum vel statum Concilii sui contingunt scituri pro certò quod si fecerint Rex inde se capiet ad Baronias suas Teste Rege apud Hereford 23. Novembris c. Anno 1237. in the Councel held at London under Otho the Popes Legate the King sent the Earle of Lincolne with others to the Legate sitting in Councell with an Inhibition in the Kings name to determine of nothing against the Crowne and Dignity Ut dicto Legato writes Matthew Paris ex parte Regis Regni inhiberent ne ibi contra Regiam coronam dignitatem aliquid statuere attemptaret and William de Reel one of the Messengers remained in the Convocation house to see this Inhibition observed clothed in a Canonicall Cap and Surplis the others departing thence So in 26. Hen. 3. rot 21. 9. E. 1. rot 2. 11. E. 2. rot 10 18. E. 3. rot 21. in the Tower and in many other Records I finde a generall Prohibition usually directed to the Convocation the Prelates and Clergie therein such loyall subjects usually were they Ne quid attemptarent contra jus Regium Ne quid statuant contra Regem in Concilio suo Ne aliquid tentetur contra Coronam Regis in congreganâ—ione Cleri c. the King confining them of what to treat and conclude of what not to entermeddle without his speciall license Not to mention That our Kings have frequently prescribed the Convocation what Subsidies they should grant and how they have handled them in case they refused to grant them The Statute of 25. H. 8. c. 19. Records ` That the Clergie of the Realm of England submitting themselves to the Kings Majesty then promised in verbo Sacerdotii that they would never from thenceforth presume to attempt alleadge claime or put in ure or enact promulge or execute any new Canons Constitutions Ordinance provinciall or other by whatsoever other name they shall be called in the Convocation unlesse the Kings most Royall assent and Licence may to them he had to make promulge and execute the same and that His Majesty doe give His most Royall assent and authority in that behalfe And thereupon enacts according to the sayd submission and petition of the Clergie that they assembled together in Convocation ne any of them to wit in their severall Visitations Synods Constitutions Chapters from henceforth Shall presume to alleadge claime or put in ure any Constitutions or Ordinances provinciall or Synodals or any other Canons nor shall Enact Promulge or execute any such Canons Constitutions or Ordinance provinciall by what name or names they may be called in Convocation for time to come unlesse the sayd Clergy may have the Kings most Royall assent and licence to make promulge and execute such Canons Constitutions and Ordinances provinciall or Synodall upon pain of every one of the said Clergy doing the contrary to this being thereof Convict to suffer imprisonment and make fine at the Kings will Hence the whole Clergy of England in their Booke entituled The Institution of a Christian man dedicated to K. Henry the eight Anno 1543. subscribed with all their names in a Convocation Chapter of Orders acknowledge this sovereign jurisdiction of the Prince
such Canons Orders Ordinances and Constitutions as they shall thinke necessary fit and convenient for the honour and service of Almighty God and quiet of the Church and the better government therof c. And our present Soveraign King Charles in his Declaration printed before the 39. Articles of the Church of England made by the advise of so many of the Bishops as might conveniently be called twice printed by his speciall command An. 1628. resolves in these very words this point of his royall Prorogative derived from his Predecessors That We are supreame Governour of the Church of England and that If any difference arise about the externall policie concerning Iniunctions Canons or other Constitutions whatsoever thereto belonging the Clergy in their Convocation not the Bishops in their Consistories Visitations or high Commissions is to order and settle them having first obtained leave under Our broad Seale so to do and We approving their said Ordinances and Constitutions provided that none be made contrary to the Lawes and Customes of the Land What power our Kings have excercised in Convocations to direct and limit them in all their proceedings determinations Canons in former ages especially since 25. Hen. 8. c. 19. will appeare First by the forme of our Kings Writs for summoning a Convocation of which I shall give you onely one late president agreeing in forme and substance with all former Writs of this kinde CAROLVS Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Reverendissimo in Christo Patri ac fideli Conciliariâ— Nostro Gulielmo eadem gratia Cantur A chiepis totius Angliae Primati Metropolitano salutem Quibusdam arduis urgentibus negotiis Nos securitatem defensionem Ecclesiae Anglicanae ac pacem tranquilitatem bonum publicum Defensionem regni Nostri subditorum Nostrorum ejusdem concernentibus Vobis in fide dilectione quibus Nobis tenemini rogando mandamus quatenus remissis debito intuitu attentis ponderatis universos singulos Episcopos vestrae Provinciae ac Decanos Ecclesiarum Cathedralium nec non Archidiaconos Capitula Collegia totumque Cleâ—um cujuslibet diocesios ejusdem Provinciae ad comparendum coram vobis in Ecclesia Catholica sancti Pauli London decimoquarto die Aprilis proximè futuro vel alibi prout melius expedire videritis cum omni celeritate accommoda modo debito convocari facias ad tractandum consentiendum concludendum super premissis aliis quae tibi clarius exponentur tunc ibidem ex parte Nostra Et hoc sicut Nos Statum Regni Nostri ac honorem utilitatem Ecclesiae praedictae diligitis nulla tenus omittatis Teste meipso apud Westmonast vicesimo die Februarii Anno regni Nostri quintodecimo Secondly by the forme of the Kings royall License commonly granted to the Convocation before they may or can debate of any thing particularly the forme whereof you may discerne in this subjoyned directed to the last Convocation 1640. CHARLES By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas in and by one Act of Parliament made at Westminster in the five and twentieth year of the Raigne of King Henry the Eighth reciting That whereas the Kings humble and obedient Subjects the Clergie of this Realme of England had not onely knowledged according to the truth that the Convocation of the same Clergie were alwayes had bin and ought to bee assembled by the Kings Writ but also submitting themselves to the Kings Majesty had promised in verbo Sacerdotii that they would never from thenceforth presume to attempt alledge claime or put in uâ—e or enact promulge or execute any new Canons Constitutions Ordinances provinciall or other or by whatsoever other name they should bee called in the Convocation unlesse the said Kings most Royall assent and license might to them be had to make promulge and execute the same and that the said King did give his most Royall assent and authority in that behalfe It was therefore enacted by the authority of the sayd Parliament according to the said submission and Petition of the said Clergie amongst other things that they nor any of them from thenceforth should enact promulge or execute any such Canons Constitutions or Ordinances provinciall by whatsoever name or names they might be called in their Convocations in time comming which alwayes shall bee assembled by authority of the Kings Writ unlesse the same Clergie might have the Kings most Royall assent and license to make promulge and execute such Canons Constitutions and Ordinances provinciall or Synodall upon pain of every one of the said Clergie doing contrary to the said Act and being thereof convict to suffer imprisonment and make fine at the Kings will c. Know ye that We for divers urgent and waighty causes and considerations Vs thereunto especially moving of Our especiall Grace certaine knowledge and meere motion have by vertue of Our Prerogative Royall and supream authority in Causes Ecclesiasticall given and granted and by these presents do give and grant full free and lawfull liberty license power and authority unto the most Reverend Father in God William Lord Arch-Bishop of Canâ—terbury Primate of all England and Metropolitan President of this Convocation for the Province of Canterbury and to the rest of the Bishops of the same Province and to all Deans of Cathedrall Churches Archdeacons Chapters and Colledges and the whole Clergy of every severall Diocesse within the said Province that they or the greater number of them wherof the said President of the said Convocation to be alwayes one shall and may from time to time during our will and pleasure propose conferre treat debate consider consult and agree upon the exposition or alteration of any Canon or Canons now in force and of and upon such other new Canons Orders Ordinances and Constitutions as they the said Lord Arch-bishop of Canterbury President of the said Convocation and the rest of the said Bishops and other the Clergie of the same Province or the greater number of them wherof the sayd Lord Arch-bishop of Canterbury President of the said Convocation to be one shall thinke necessary fit and convenient for the honor and service of Almighty God the good and quiet of the Church and the better government thereof to be from time to time observed performed fulfilled and kept as well by the sayd Lord Arch-bishop of Canterbury the Bishops and their successors and the rest of the whole Clergy of the sayd Province of Canterbury in their severall callings offices Functions Ministeries degrees and administrations as also by all and every Deane of the Arches and other Iudges of the sayd Arch-bishops Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officialls Registers and all and every other Ecclesiasticall Officers and their inferiour ministers whatsoever of the same Province
by Parliament only THirdly As Bishops and Clergy-men have no power at all to summon Councells Synods or Convocations nor yet to treat or conclude of any Ecclesiasticall Canons or Constitutions in them c. without the speciall licences of Kings under their Great Seals authorizing them so I shall next manifest that when Councells or Synods have by vertue of their license agreed on and composed any such Articles Canons Constitutions Orders Ceremonies c. they cannot print publish promulge impose execute or put them in ure nor are they of any binding force or authority till they are approved ratified confirmed by Kings and Christian Princes Subscriptions Imperiall Edicts Patents Acts of State and Parliament and that most ancient Councells Synods were but Parliaments wherein Kings Nobles and Lay-men were present as well as Clergy-men This I shall manifest by some Presidents both abroad and at home in all ages To begin with Scripture Testimonies When all the whole Congregation of Israel assembled by the summons of Joshua had in their Convocation at Shechem made a Covenant Ordinance and Statute that they would serve the Lord and obey his voyce Joshua being then their chiefe Governour confirmed the same by writing it in the Book of the Law of God and erecting a great stone in the place for a witnesse thereof When the Princes and all the Congregation in Jerusalem assembled by King Hezechiah had took counsell together and concluded to keep the Passeover in the second Moneth because they could not doe it on the first the King established their Decree by his Proclamation and Letters When the Jewes upon Mordecai his Letter to them had in a publike Convocation ordained and took upon them and their seed to keep the feast of Purim throughout every generation family province and city in remembrance of their great deliverance from Hamans conspiracy against them Queene Esther and Mordecai wrote with all authority and confirmed this Feast and Decree by their Letters the Decree of Esther Yea we read that when the Presidents Governours Princes Counsellours and Captains of King Darius to entrap Daniel moved him to establish a royall Statute and make a firme Decree that whosoever should aske a petition of any god or man for thirty dayes save of the King hee should bee cast into the Lyons denne they brought this Decree to Darius to establish and signe that it should not bee changed requesting him to signe it who did it accordingly else it had not been obligatory And wee likewise find in Scripture that when as the King of Nineveh and his great men upon Jonah his preaching had made a Decree for a publike Fast the King confirmed and published it to bee observed by his Proclamation To come to Councells under Christian Princes and Emperours The first famous Synod of Nice with the Constitutions Canons and Decrees therein compiled were confirmed by the Imperiall Edicts of Constantine the Great who sate President in it Edictum quod quidem pondus habebat autoritatem cum hac Epistola Imperator in singulas misit Civitates writes Eusebius Who records further of him That hee confirmed and consigned by his authority the Canons made by Bishops in publike Councells that so it might not bee lawfull for the Princes of other Nations to abrogate the things which were decreed by them Which had been invalid without his Imperiall confirmation The Councell kept at Rome under Pope Sylvester was confirmed by the subscription of Constantine and Helena his mother The second generall Councell of Constantinople after they had finished their Decrees and Canons sent them with this Epistle to Theodosius the Elder desiring him to ratifie them In the beginning verily of our writing to your Piety wee give thanks to God who hath constituted the government of your Majesty for the common peace of the Churches and the CONFIRMATION of the true Faith But giving God due thanks wee likewise referre to your Majesty those necessary things which are acted in the sacred Councell to wit that from the time wee assembled at Constantinople by your Majesties command wee have first of all renued our mutuall concord between us and after this we have prescribed and pronounced as it were certaine Conclusions or Canons in which we have confirmed and approved the faith of the Fathers assembled at Nice and have rejected with extreme execration and detestation the preverse heresies and wicked opinions which have sprung up against it Moreover also for the right setling and ordering of the state and discipline of the Churches wee have enacted and prescribed certaine Canons all which wee have annexed to this our Writing Wee therefore beseech your Clemency VT PER LITERAS TVAE PIET ATIS RATVM ESSE IVBEAS CONFIRMES QVE CONCILII DECRETVM that by your Majesties Letters you would command the Decree of the Councell to bee ratified and confirme the same and as you have honoured the Church with those Letters by which you have called us together so you would likewise CORROBORATE WITH YOVR DECREE AND SEALE THE SVMME AND CONCLVSION OF THOSE THINGS WHICH ARE DECREED And hereupon writes Nicephorus CONSTITVTIONE QVO QVE IMPERATOR SANXIT the Emperour enacted by his Constitution that the authority of the Nicene Creed should bee firme and perpetuall and that all Churches in all places should bee committed to those who professed one Divinity of the Father Son and holy Ghost in the subsistence of three Persons of the same honour and glory And likewise made a Law that those who abhered from the profession of this faith should not keep any Ecclesiasticall assemblies nor should not presume thenceforth to preach concerning the Faith nor have power to elect or consecrate any one that they should bee banished out of the City and Country fined and have no communion with other Citizens c. Which Edicts of his are Registred verbatim by Justinian The Synod of Ancyra sent Legates to Constantius informing him that Eudoxius did study to deprave the Faith requesting him TO CONFIRME THOSE THINGS which were decreed at Sardice Syrnium and in other Synods So the Catholike Bishops in the Councell of Ariminum write to the same Constantius beseeching him to heare their Orators who should declare unto him the Sentence of that their Councell in writing and not to permit any innovation or change but to suffer them to rest in those things which were lawfully defined and decreed by their Ancestors and that nothing might be added to or detracted from their Constitutions but that they all might remaine untouched and intire as they were preserved by the piety of his Father till that time The Councell of Africk Can. 25. to 32 34 42 51 59 60. and the Bishops therein assembled make divers petitions and requests to the Emperor Honorius and the temporall Judges and Magistrates to reforme Idolatry suppresse the Donatists and reform many abuses by them complained of by their Lawes and
for their ratification The Canons of the Synod of France under Charlemain An. 742. were ratified by his Edict and set forth by him in his owne name being compiled by him in Parliament as it seemes his Nobles being present CONSILIO Sacerdotum ET OPTIMATVM MEORVM with the counsell of his Priests and Nobles The Constitutions and Canons of the Synod of Soyssons made by Prince Pepin Consensu Concilio Episcoporum sive Sacerdotum Comitum seu Optimatum Francorum with the consent and counsell of the Bishops or Priests and of the Nobles or Great men of France were published by him in his owne name with his Royall confirmation in writing which concludes thus Si quis contra hoc decretum quod 23. Episcopi cum aliis Sacerdotibus vel servis Dei unà cum consensu Principis Pepini vel OPTIMATVM FRANCORUM CONSILIO CONSTITVERVNT transgredi vel legem irrumpere voluerit vel despexit judicandus sit ab ipso Principe vel Episcopis vel Comitibus componat secundum quod in lege scriptum est unusquisque juxta ordinem suum This Synod being no other but a Parliament the temporall Lords having voyces in it as well as Bishops The Councell held at the Palace of Vernis under the same King Pepin Cap. 6. decreed by his consent That there should bee two Synods kept every yeare the first of them in March Wheresoever the King should command and in his presence The King therefore was then President in their Synods both to order them and to controll correct or confirme their Canons as hee thought meet In the second Councell of Nice assembled by the Edict of Constantine and Irene his Mother Petronius the glorious Proconsul Theophylact an Earle imployed in the Emperors service John the Kings Chamberlaine and Treasurer of his Army with other magnificent and illustrious Senators sate as chiefe Auditors and Directors The Emperor and his Mother likewise directed the Councell both what to treat of what to read and how to proceed and ratified the Decrees of that Idolatrous Councell the Synod craving their Imperiall assistance for the defence of truth the suppression of heresies schismes reformation of abuses and setling the peace of the Church by their publike Lawes and Edicts yea they desire their Majesties to incline their eares to their most humble supplications Ipsasque sacratissimas Imagines in pristino gradu constituere ut omnes Christiani in universo mundo exultent magno laetantur gaudio Pope Adrian himselfe making this request unto them in his Epistles Supplicatory acknowledging the right both of summoning ordering and confirming Councells to bee in them not in himselfe Charles the Great and his Nobles were present in the Synod of Frankford summoned by his Writ and Edict yea Charles late President in it Congregatis nobis in unum charitatis conventu praecipiente ET PRAESIDENTE piissimo gloriosissimo Domino nostro Carolo Rege write the Fathers of that Synod to the Prelates of Spaine to whom Charles in this Synod writ an Epistle and a profession of his faith exhorting them to reforme their Errors and embrace the Truth The Canons of the Synod of Theodon were ratified by the Imperiall Edict of Charles the Great Ludovicus Pius ET IMPERATORES ET PENE OMNES GALLIAE PRINCIPES SVBSCRIPSERVNT singuli singulas facientes cruces The Emperors and almost all the Princes of France subscribing the Decrees of that Synod after all persons in it had three severall times consented to them by crying out a Placet and Te Deum being sung by the Clergy after this subscription the Synod dissolved which was no other but a Parliament those Emperors and their Nobles being present and having the chiefe voyces in it The fourth Synod of Arles under the same Charles having drawn up 26. Canons submits them to his Royall censure to correct disapprove or ratifie them at his pleasure Haec igitur sub brevitate quae emendatione digna perspeximus quà m brevissimè adnotavimus Domino Imperatori praesentanda decrevimus poscentes ejus Clementiam ut si quid hîc minus est ejus prudentia suppleatur si quid secus quà m se ratio habeat ejus judicio emendetur si quid rationabilitèr taxatum est ejus adjutorio divina opitulante clementia perficiatur A memorable Submission All being nothing without his Royall confirmation The Synod of Towers summoned by the same Emperor was commanded by him both what Constitutions to make what things to consult of which they thus expresse and submit to his censure in the Prologue and close of their Canons Quantum piissimi Imperatoris nostri excellens animus divinae sapientiae fulgore sit irradiatus ad gubernandum rerum praesentium statum ipsius Imperij sibi à Deo dati liquidò testantur negocia quae tanta sunt industria administrata quantaque prudentia ordinata qui sapiens ac intelligens est facile perspicere potest eô praecipuè quod hic toto animo invigilat investigando quae ad pietatem veram Religionem pertinent quorum fructus hominem in bono beatitudinis collocat His igitur intentus pios ac religiosos Dei Sacerdotes Ecclesiae gubernacula in regno sibi divina largitate collato tenentes saluberrimis exhortationibus admonuit ut operam darent actionibus eminerent quibus se bene operando sibi commissos verbis exemplis instruendo regerent Dissinitum itaque de locis tempore quando ubi coadunari opus fuerit quod A TANTO PRINCIPE NOBIS INIVNCTVM EST ad statuta loca convenimus siquidem urbe Turonis congregati Episcopi Abbates venerabilis Clerus pro parvitate nostra pauca quae ad tantum opus pertinere animadvertimus quae secundùm Canonicam regulam emendatione indigent distinctè per capitula adnotavimus SERENISSIMO IMPERATORI NOSTRO OSTENDENDA Primò omnium admonuimus generalitèr cunctos qui nostro conventui interfuêre ut obedientes sunt Domino excellentissimo Imperatori nostro fidem quam ei promissam habent inviolabilitèr conservare studeant orationes quoque assiduas intentè fundere pro ejus incolumitate ac stabilitate omnes se velle secundùm nostram admonitionem unanimitèr professi sunt c. And then they close up all their Canons with this Epilogue Haec nos in conventu nostro ità ventilavimus sed quomodo deinceps piissimo Principi nostro DE HIS AGENDVM PLACEBIT NOS FIDELES IJVS FAMVLI LIBENTI ANIMO AD NVTVM ET VOLVNT ATEM EIVS PARATI SVMVS The second Councell of Cavaillon under the same Charles thus preface their Canons which they submit to his correction and approbation Auxiliante Domino nostro Jesâ—â— Christo atque imperante ferenissimo atque inclito Augusto Carolo convenimus Episcopi Abbates totius Galliae Lugdunensis in urbem Cabilonensem de quibusdam rebus in quibus nobis emendatione
the stability of the Realme A cleare evidence it was both a Parliament and Synod too Anno 824. There was another Synodall Assembly held at Clovesho under the same king Beornulfe and Wulfred Archbishop of Canterbury assidentibus Episcopis Abbatibus PRINCIPIBVS MERCIORVM VNIVERSIS MVLTI SAPIENTISSIMI VIRI CONGREGATI to determine certaine Controversies and settle the lands of the Church which they did accordingly the Acts of this Councell were subscribed by the king his Dukes Nobles as well as by the Bishops as you may see in the close of it Anno 833. there was a Councell held at London the 26 of May which is intiuled Concilium Pan-Anglicum a Cauncell of all England wherein were present Egbert King of West-Saxons and Withlasius King of Mercians both the Archbishops of England with the Bishops and Nobles In which they conâ—â—ted not onely of Church affaires but also about hindering the incursions of the Danes and confirmed divers Priviledges to the Abby of Crowland by a Charter granted by this King in this Councel subscribed by the King Dukes and other Laymen as well as by Bishops and Abbots Anno 838. I finde Concilium Pan-Anglicum held at Kingston wherein King Egbert and Ethelwolfe his Sonne sate Presidents together with Ceolueth Archbishop and the rest of the Bishops optimatibus Angliae and the chiefe men and Nobles at England wherein certain Charters of Lands given to the Church formerly accorded to by the Nobles were confirmed vnder pain of excommunication and curses to the infringers of them About which time Keneth king of Scots compiled and published certain Ecclesiasticall Lawes intermixed with temporall made in a Parliamentary Councell not an Episcopall Synod Anno 851. there was a Councell held at Kingsbury under Bertulph King of Mercia praesentibus Ceolnotho Dorobernensi Archiepiscopo caeterisque Regni Merciae Episcopis Magnatibus and another Councell at Benningdon under this King about the same year â Praelatis Proceribus Regni sub Bertolpho Rege In both these ample possessions and priviledges were granted to the Abbots and Monks of England Vnanimi consensu totius praesentis Cancilii pro Regni negotiis Congregati the Charters being subscribed by Dukes Lords and temporall Officers present in these Councels as well as by Bishops or Abbots An. 855. There was a generall Councel of all England held at Winchester Concilium Vâ—ntoniae Pan-anglicum 5. Nov Judic 4. celebratum praesentibus Aethelwulfo Rege Westsaxoniae Beorredo Rege Merciae Edmundo Rege East-Anglorum una cum Archiepiscopis Cantuariae Eborum caeterisque totius Angliae Episcopis Magnatibus in which King Aethelwulph by his royall Charter granted the tenth part of his lands and goods to the Church cum coxsilio Episcoporum ac Principum meorum Praesentibus subscribentibus Archiepiscopis Episcopis Angliae Vniversis reâ—non Beorredo Rege Merciae Edmundo Eastanglorum Rege Abbatum Abbatissarum Ducum Comitium Procerumquetotius terrae aliorumque fidelium infintia multitudine qui omnes Regium Chirographum landaverunt Dignitates vero sua nomina subscripserunt These Councels therefore were no other but Parliaments The Ecclesiasticall Lawes of king Alured Anno 887. were made in Parliament and not in a Synod of Bishops Ex Consulto Sapientum Atque in ipsis discernendis ego Alredus Occiden alium Saxonum Rex prudentâ—ssimeram è nostris confilio usus sum atque eis omnibus placuit edici eorum observationem saith the Praeface to his Lawes The Ecclesiasticall Lawes of Alured or Alfred and Guthurne were accorded in a Councell wherein these Kings and their people made a League King Edward the elder upon the letter of Pope Formosus congregavit Synodum SENATORVM PROCERVM POPVLORVM ET NOBILIVM Gent's Anglae in quae prasedebat Plegmundus Archiepiscopus Tum sibi Rex cum suis Plegmundus Archiepiscopus salubre consilium iniverunt and constituted and elected five Bishops in the Province of the Gevisi where there were but two Bishopricks formerly dividing those two Bishopricks into five by a Parliament not Synod The Ecclesiasticall Lawes of King Edward the elder and Guthurne An. 905. were made in Parliaments of the Lords and Commons not Synods of the Clergie as appeares by this Proeme Haec ea sunt SENATVS-CONSVLTA ac instituta quae primo Aluredus Guthurnus Reges deinde Edovardus Guthurnus Reges illis ipsis temporibus tulere cum Pacis foedus Daci Angli ferierunt ac sese mutuo anâ—plexi sunt quae postea a SAPIENTIBVS recitata saepius atque ad communem Regni utilitatem aucta atque amplificata sunt The Ecclesiasticall Lawes of King Aethelstan An. 928. were made in Parliament not in a Convocation as is evident by the temporall lawes mixed with them made at the same time and by chap. 9. Decreta cictaque sunt haec in celebri Gratanleano Concilio cui Wulfhelmus interfuit Archiepiscopus cum eo Optimates Sapientes ab Aethelstano evocati frequentissimi The Ecclesiasticall lawes of Hoel Dha the good King of all Wales about the yeare 940. were made not by the Ecclesiasticall persons onely but by the Laiety too hee summoning sex Laicos viros auctoritate scientia pollentes six Laymen potent in authority and Learning out of every County and then selecting out of them twelve Laicos doctissimos unum Clericum doctissimum qui vocabatur Blanguindus ad instituendas sibi leges usus c. 12. most learned Laymen and but one learned Clerke to compile Ecclesiasticall Lawes for him and his people The Ecclesiasticall Lawes of King Edmund Anno 944. were made in a Parliament at London as appeares by the temporall lawes joyned with them and by the Proocme Edmundus Rex ipso solenni Paschatis festo frequentem Londini tam Ecclesiasticorum quam LAICORVM caetum celebravit c. A sci entissimis Regni mei in celebri tam Ecclesiasticorum quam LAICORVM frequentia studiose requisivisse quo tandem pacto Christiana proveheretur fides Atque NOBIS OMNIBVS commodissimum visum est Edmundus Rex congregavit magnam Synodum Dei ordinis SECVLI apud London c. Ego Edmundus Rex mando praecipio omni populo seniorum ac juvenum qui in regione mea sunt ea quae investigans investigovi cum sapientibus Clericis LAICIS Anno 948. There was a Councell as well of Lords and great men as Bishops and Abbots held in London In festo Nativitatis beatae Mariae cum universi Magnates Regni per regium edictum summoniti tam Archiepiscopi Episcopi ac Abbate quam caeteri totius Regni Proceres Optimates Londoniis convenissent ad tractandum de negotiis publicis totius regni consummatis Omnibus the K. in this Parlia granted a large Charter of lands priviledges to the Abbey of Croyland this Councell therefore was certainly no other but a Parliament An. 952.
Canterbury and Yorke to London to celebrate a Councell of all England there on the day appointed for the beginning of his Councell when all having taken their Robes and ensignes were about to go in Procession to it there fell out a vehement contention between the Archbishops themselves about the priority of place in the Councell For that rule of the Apostle in honour preferring one another was so abrogated by the Bishops of our time that neglecting their Pastorall diligence and care Bishops by how much the more stubbornly by so much also the more vainly contend about Praecedencie and almost all Episcopall Controversie is wholy conversant about the praerogative of their honours In conclusion Yorke comming soonest praeoccupied the first seate alleadging that the same belonged to him by the ancient decree of Saint Gregory by which it is known to bee enacted that of the Metropolitans of England he should be accounted the chiefe who was first ordained But Canterbury having made a solemne complaint of the preoccupying of his place as if he suffered prejudice refused the second seate Whereupon his subjects or Clerkes of his Province contending more fiercely for him presently the simple contention of words grew into a brauling Yorke the adverse party being stronger was thrust with ignominy from the place he had so early taken who exhibited his torne Myter to the Legate as a signe of the injury offered to him and cited Canterbury to the Apostolicall See The Metropolitans therefore thus contending and things thus disturbed the Councell was not celebrated but dissipated and they who had assembled as called forth to a Councell returned to their own homes Matthew Parker in his Antiquitates Ecclesiae Britannicae out of Gervasins and Radulphus de Duceto relates the story in these words A Legate called Flugonius came into England from the Pope at King Henry the seconds request that hee might both separate Queene Eleaner from him by a Divorce and comprimise the Controversie between the Archbishops of Canterbury and Yorke touching the precedency which had continued for many successions of Bishops and been oft times determined but never finally ended till the Statute of 31 Hen. 8. cap. 10. such was the pride and ambition of these Arch-Prelates whose more than civill contentions for superiority our Historians have at large recorded to their infamy This Legate assembled a Councell at Westminster in the Church of the infirme Monkes whither the Clergie of both Provinces plentifully assembled and when the day of beginning the Councell was come the Legate sitting on an high Throne gave the right hand to the Archbishop of Canterbury But Yorke hoping that the King would bee more propitious to him than to Canterbury refused the left hand and striving most impudently with his breech to sit between the Legate and Canterbury at last sate downe in the lap of his Primate He had scarcee touched Canterbury with his breech with which he strove to get the second place but he was shamefully reprehended both by many Bishops and also by many Clerkes and Laymen The Archbishop of Canterburies servants provoked with the indignity of this wicked fact and the vehemencie of the just reproofe pulling York out of their Lords bosome and throwing him down on the ground trampled him under their feet and his Archiepiscopall Robes being most shamefully pulled off and torne they buffeted him with their fists But Canterbury when as he could not call away nor hold off his servants enraged with so great anger departed out of the Councell that at least hee might draw them away with him by his departure The servants following their Master left Yorke lying prostrate on the ground environed with his torne Garments At last Yorke fetching many deep and frequent sighes ariseth halfe dead and goeth all bloody to the King who with his son was present in the Councell the thing for which I principally relate the storie and makes his complaint against Canterbury The King having received Yorks relation only was at first in censed against Canterbury but afterwards the truth of his owne rashnesse and impudency being manifested he dismissed Yorke who departed from the King with disgrace the most reviling him with clamors go go said they thou betrayer of Saint Thomas thy hands doe yet stinke with blood But he poore wretch did now welter in his owne not Thomas his blood Hugocius among these tumults perplexed with feare having pronounced a blessing sodainly dissolved so unluckie a Councell and appealled Canterbury to the Pope as guilty of this battery Yorke also did the like At last Canterbury least he should be overwhelmed with appeales on both sides submitted himselfe and his servants to the Popes protection by appealing both the Legate and Yorke to Rome so all equally appealed But the next day Canterbury who knew the manner of the Pontificians pacified the Legate with gifts and they thus reconciled remitted their Appeales on both sides Afterwards the Archbishop of Cant. and Geoffry of Ely were againe accused by the Bishop of York before the King that in the Councell of Westminster they had laid violent hands on him which when they had denyed and purged themselves upon Oath they were reconciled by the Kings command and by him a truce for five yeares was made between Canterbury and Yorke who promised betweene themselves upon Oath that they would firmely stand to the Arbiterment of the Bishops of Normandy and France as well concerning this battery as all other controversies depending between them And so this fray and Councell ended wherein you see the King Prince and Laymen were present it being in truth a Parliament accompanied with a Convocation Anno 1226. there was a Synod held at London under Otho the Popes Legate where the King with the Clergy Magnatibus Regni and the great men of the Kingdome assembled with many Bishops Priests Laâ—corum Turbis and Troops of Laymen when they were all assembled Otho read the Popes letters to them before them all in which the Pope alleaged that it was a most ancient scandall and reproach to the Church of Rome that she was branded for coveteousnesse the roote of all evill and in this especially that no men could expedite any businesse in the Court of Rome unlesse by disbursing great summes of money and giving store of gifts but because the poverty of the Church of Rome was the cause of this scandall and infamy her naturall sons ought to relieve the want of their Mother for unlesse we should receive gifts from you and other good and honest men we should want necessaries to supply our lives which would be altogether incongruous to the Roman dignity Therefore utterly to roote out this scandall by the Councell of our Brethren the Cardinalls of the holy Church of Rome we have provided a certaine forme to which if you will consent you may free your Mother from scandall and obtaine Justice in the Court of Rome without giving any bribes Now the forme provided is this First of
have else-where manifested In King Henry the 3. his Raign I finde these severall printed Acts of Parliament made concerning the Church Bishops Abbots Clergymen and Ecclesiasticall affaires which you may peruse at pleasure 9. H. 3. c. 1. 5. 18. 31. 33. 36 37. The Charter of the Forrest 9. H. 3. c. 4. 11. 16. 20. H. 3. c. 9. 51. H. 3. c. 10. 12. 28. besides those Recorded by Matthew Paris In King Edward the first his Raigne there were these Acts to like purpose 3 E. 1. which begins with this Prologue Because our Soveragine Lord the King had given power to redresse the State of the Realme c. for the common profit of holy Church and of the Realme And because the State of holy Church hath ever been kept c. c. 1 2. 46. 4 E. 1. c. 6. 7 E. 1. the Statute of Morâ—main 13. E. 1. c. 5. 19. 29. 31 32 33. 41 42 43. 48. Circumspecte agatis 13 E. 1. commonly called a Statute though 19 E. 3. Fitz. Iurisdiction 28. it be adjudged none The Statute upon the Writ of Consultation 24 Ed. 1. The confirmation of the Charters of the Liberties of England 25 E. 3. c. 4. 6. The Statute concerning certain Liberties granted to the Commons The Statute of Carlisle 25. E. 1. See Cookes 5. Report of the Kings Ecclesiasticall Law f. 13. 34. E. 1. c. 6. In King Edward the seconds dayes I meet with the Statute of Aâ—ticuli Cleri 19 E. 2. which wholly concernes the Clergy their Courts Tythes Rights The Statute de Prerogativa Regis c. 1. 8. 10. 14 15. and Articles against the Kings Prohibition In King Edward the third his Regency I finde very many Statutes concerning the Clergie and all kinde of Church affaires as namely 1 E. 3. Stat 2. c. 10 11. 4 E. 3. c. 6. 5 E. 3. c. 2. 9 E. 3. Stat. 2. c. 1. 14 E. 3. stat 1. c. 1. 17. and stat 3 made for the Clergy the Prologue and c. 1 2 3 4 5. 15 E. 3. stat 1. c. 1. 6. Parl. 3. c. 6. 18 E. 3. stat 3. for the Clergie c. 1 2 3 4 5 6 7. 23 E. 3. c. 8. 25 E. 3. stat 3 for the Clergie c. 1 2 3 4 5 6 7 8. 25 E. 3. stat 6. of Provisions 27 E. 3. stat 1. c. 1. of Provisions 28 E. 3. c. 14. 31 E. 3. stat 1. c. 4. 11. 13 14. 36 E. 3. c. 8 concerning Priests Salaries c. 38 E. 3. stat 2. against provisors and Appeales to Rome c. 1 2 3 4 5. 45 E. 3. c. 3. 50 E. 3. c. 1. 4 5. To which I shall adde only this observation That the prologues to the statutes of 1 E. 3. stat 2. 2 E. 3 stat 3. 28 E. 3. 38 E. 3. stat 1. and 50 E. 3. with others begin thus To the honour of God and of HOLY CHVRCH and redresse of the oppressions of the people c. these ensuing Acts were made granted to testifie that even in those dayes our Parliaments first began with matters of God and the Church and settled them by Lawes as there was occasion and then proceeded to temporall matters and grievances the very Statute of Magna Charta having the same prologue wherein you may discerne this method pursued and in most subsequent Parliaments I shall adde to these printed Acts 6 E. 3. num 5. prohibiting Bishops to meddle in matters of the peace 45 E. 3. num 15. removing Bishops from all temporall Offices 50 E. 3. num 99. 103. complaining against popish Cardinals 40 E. 3. num 7 8. a notable Record against the Popes claime to the Kingdome of England by vertue of K. Johns grant 17 E. 3. num 59 60. 18 E. 3. num 59 60. 38 E. 3. num 7. 50 E. 3. num 85. 87 88. complaining against yea restraining the Popes exactions and usurpations as the cause of all plagues 50 E. 3. num 46 47. complaining against the Canons of the Clergy and 47 E. 3. num 24. against Ordinaries incroaching upon the civill Iurisdiction To proceed to King Richard the second the Statutes in the first yeare of his Raigne have this Preface Richard by the Grace of God c. Know that to the honour of God and reverence of holy Church for to nourish peace unity and concord in all the parts of the Realme c. We have ordained and established certain Statutes c. First it is agreed and established that holy Church shall haue and enjoy all her rights liberties and franchises wholly and without blemish c. The confirmation of Magna Charta with other temporall Laws next follow then c. 13 14 15. three Lawes for paying of Tythes and freeing Clergymen from arrests during their exercising of divine Service The second Parliament in â— Rich. 2. hath the like prologue To the honour of God and holy Church cap. 1 confirmes the franchises liberties of the Church 3. R. 2. C. 1 doth the like c. 3. is a Statute against Provisions from Rome to avoyd Nonresidency to provide for instruction of the people by preaching and reforme many abuses in the Church occasioned by provisions made at the complaints clamors and divers Petitions of the Kings Leige people delivered in divers Parliaments to reforme these abuses 5. R. 2. cap. 1. hath the like preface c. 1. confirmes the Churches liberties 5. R. 32. Parl. 2. c. 5. Is a Statute made at the Clergies motion to suppresse haresies and Errors contrary to the Christian faith and to imprison haeretickes and erronious Preachers till they justifie themselves according to the Law and reason of holy Church 6 Rich. 2. Stat. 1. hath the like prologue and c. 1. Ordaines and accords that our holy Mother the Church of England have all her Liberties whole and unhurt and the same fully enjoy and use 7 Rich. 2. hath the same prologue c. 8. the like confirmation of the Churches priviledges and c. 12. prohibits Provisions from Rome 8 Rich. 2. hath the like preface and enacts in the first chapter That holy Church have all her liberties 9. R. 2. c 4. 5. concerns Ordinaries Priors dative and perpetuall and Preists 10. R. 2. c. 1. saves pontificall dignity and priviledge of holy Church and cleares all in all things aforesaid 11. R. 2. c. 3. declares that Bishops ought not to be present or voting in Parliament in matters of blood 1. 2. R. 2. c. 1. confirmes the Churches liberties Chap. 7. exempts pilgrimes from the punishments of Vagrants and c. 15. prohibits Provisions from any forraign power 13. R. 2. recites That the acts therein passed were to the honour of God and holy Church c. and c. 13. prohibits hunting on holy-dayes and Priests to keepe Dogs who have not livings to a certaine value c. 18 concernes the Bishop and Deane of Lincolne and c. 29. Pilgrimes 13. R. 2. Parl. 2. c. 23. provides for the election of Bishops and all other ecclesiasticall
Articles of Religion and enjoyning subscription thereunto under penalties losse of Benefices and other Ecclesiasticall penalties Limiting likewise the age of such who are to be made Ministers ch 17. Concerning the Leases of Benefices and Ecclesiasticall livings with Cure 18. Eliz. c. 6. Concerning the taking away of Clergy c. 23 Eliz. c. 1. To retain the Queens Majesties subjects in their due obedience made against Jesuits Semenary Priests and others receiving Orders from Rome and the harbourers of them under capitall penalties 27. Eliz. c. 2. Against Jesuits Seminary Priests and such other disobedient persons 29. Eliz. c. 6. Concerning Recusants 31. Eliz. c. 1. Against Symony 35 Eliz. c. 1. Against Seperatists and Schismaticks refusing conformity to our Church Service and Liturgie who are lyable to imprisonment fines and other penalties for it by the Law ch 2. For restraining Popish Recusants to some certaine plate of abode 29 Eliz. c. 8. For confirmation of the Deprivation of divers Bishops and Deanes in the beginning of the Queens Raigne ch 22. Concerning the Bishop of Norwich are plentifull evidences of what I plead for In King James his Raigne I finde many Acts of Parliament asserting the Kings and Parliaments Ecclesiasticall jurisdictions as 1 Jacobi c. 1â— Concerning the Kings Title to the Crowne ch 2. Concerning Archbishopricks and Bishopricks ch 5. For the due execution of the Statutes against Jesuites Seminary Priests Recusants ch 12. Against second marriages till former wives or husbands bee dead ch 31. For building a new Church in Melcombe Regis to be the Parish Church of Radepoll and for making the Church of Radepoll a Chappell to it 3 Jacobi c. 3. for a publick thanksgiving to Almighty God every yeare on the fift day of November for the deliverance from the hellish Gunpowder treason ch 4. For the better discovering and suppressing of Popish Recusants which prescribes a new oath of Allegiance ch 5. To prevent and avoyd danger which may grow by Popish Recusants which likewise prohibits the Importations of any Popish Books Agnus Dei Crucifixes c. ch 20. To restraine abuses of Players 21. Jacobi ch 17. Against Usury ch 20. To prevent and reforme prophane swearing and cursing The Statutes in King Charles his Raigne are punctuall evidences of the Soveraign Ecclesiasticall jurisdiction of our Kings Parliaments in all which we find not onely severall Committees appointed concerning Religion frequent in all Queene Elizabeths and King James their Parliaments but also sundry Statutes concerning Religion and Church-matters as namely 1 Carols c. 1. For punishing divers abuses committed on the Lords day 3 Caroli c. 1. For further reformation of divers abuses on the Lords day ch 2. To restraine the passing or sending of any to be Popishly bred beyond the Seas But the severall Acts Ordinances and Proceedings of this present Parliament concerning all matters of Religion Church government and Ecclesiasticall affaires are presidents beyond all exception The Acts already passed For suppressing the High-Commission disabling any Clergy-man to meddle with any temporall offices or to be Justices of Peace The taking away of Bishops Votes and their sitting in the House of Peers The severall Acts Votes Ordinances which have passed both House for abolishing all new Canons Plaralities Non-residence punishing of scandalous Ministers Sanctifying the Lords day Keeping of Monethly and other Fasts Celebrating speciall dayes of thanksgiving for sundry Discoveries Victories Prohibiting the printing of erroneous books Suppressing Antinomians Socinians Anabaptists and other Sectaries Abolishing all Innovations Superstitions Idolatreus pictures Images Altars Copes Tapers Royals c. Payment of Tythes Probate of Wills Ordination of Ministers and above all their nominating and convening an Assembly of conscientious pious reverend learned orthodox Divines to assist them in reforming all errors and corruptions in Doctrine Worship Government Discipline and establishing such a pure Worship and Church-government in our Realme as shal be most agreeable to Gods Word wherein they have made a large progresse already the Directory for Worship being now finished and we expect a full accomplishment of this much desired Worke ere long All these with infinite other particulars are a most satisfactory and unanswerable evidence of the Parliaments jurisdiction and Legislative power in all matters of Religion Worship Government Discipline and other Ecclesiasticall things or proceedings whatsoever none of which have ever been settled among us in any age in a legall and obligatory way but onely in and by Parliaments I shall close up these 〈◊〉 Domestick authorities with the Ordinance of both Houses of Parliament concerning the present Assembly of Divines wherein all may clearly discerne the jurisdiction of our Parliaments in all Church affaires matters of Religion and over the Assembly it selfe together with the Instructions or Ruled prescribed to the Assembly which they have punctually observed and submitted to not yet in print An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of learned and godly Divines and others to be consulted with by the Parliament for the setling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false uspertions and interpretations WHereas amongst the infinite blessings of Almighty God upon this Nation none is or can be more deate unto us then the purity of our Religion and for that as yet many things remaine in the Lyturgy Discipline and Government of the Church which doe necessarily require a further and more perfect reformation then as yet hath been attained And whereas it hath been declared and resolved by the Lords and Commons assmbled in Parliament that the present Church-Government by Archbishops Bishops their Chancellors Commissaries Deanes Deanes and Chapters Archdeacons and other Ecclesiasticall Officers depending upon the Hierarchy is evill and justly offensive and buâ—thensome to the Kingdome a great impediment to reformation and growth of Religion and very prejudicial to the state and government of this Kingdome and that therefore they are resolved that the same shall be taken away and that such a Government shall be setled in the Church as may be most agreeable to Gods holy Word and most apt to procure and preserve the peace of the Church at home and neerer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the doctrine of the Church of England from all false calumnies and aspersions It is thought fit and necessary to call an Assembly of learned godly and judicious Divines who together with some members of both the Houses of Parliament are to consult and advise of such matters and things touching the premises as shall be proposed unto them by both or either of the Houses of Parliament and to give their advice and counsell therein to both or either of the said Houses when and as often as they shall be thereunto requited Be it therefore ordained by
from Laity and Clergy Protestants of all sorts as well Presbyterians aâ— Independents yea from Antinomians Anabaptists Brownists and Schismatickes of all sorts to reforme Religion especially Church-government set up the Ordinances and worship of God in their purity and settle all matters of Doctrine Discipline Government by Act of Parliament as neere as might be to the word by the assistance of a godly learned Assembly of Divines the daily calling of Ministers of all sorts upon the Parliam to pursue this work the prayers of all piously affected to Almighty God both publickly and privately to assist them extraordinarily from Heaven in this great weighty spirituall building together with the Assemblies submission of all their determinations to the Parliaments alteration approbation or rejection and the Independents own addresses Petitions late tender of the reasons of their dissent from the Assembly to them is to my weak approbation a most irrefragable Argument and publicke acknowledgement of their undoubted right and Legislative power in all Ecsiasticall affaires of what nature and quality soever and that all parties ought readily to submit to their just determinations in point of practise and obedience in all these particulars whereof they have thus unanimously and importunately from time to time petitioned them to be Iudges There is no party or Sectary whatsoever which hath formerly petitioned them in this kinde but would preach and write for universall obedience to that forme of Church-government the Parliament should settle and establish provided it suited fully with their particular way which they judge the truest and most consonant to Scripture and if they should once authorize or settle the Independents hitherto concealed way I am confident they would all preach universall obedience submission to it under pain of contumacy haeresie schisme and the severest penalties Ecclesiasticall or civill since they write as much in effect already in their Pamphlets and that this their way may reasonably yea and upon higher terms then of reason be thought in time that it cannot but overthrow all other sorts of Ecclesiasticall Government and stand up it selfe in their stead If then every side be of this minde in case the Parliament determine for their party then why should not all be willingly concluded satisfied with what they shall rightly determine be it for or against their way since they have all appealled to their judgements alike which must either be altogether fruitlesse and un-obliging to any or els indifferently binde all to voluntary or enforced conformity Add to this that all or most of our opposites in this point of Parliaments juriâ—diction and Legislative power in Ecclesiasticall matters have freely submitted themselves to the Protestation Vow and solemne Nationall Covenant imposed and prescribed by the Parliament which enjoyne them under paine of highest Perjury with their lives and estates to maintain and defend the ancient rights and priviledges of Parliament and this we now debate as well as any other That they have generally acknowledged and obeyed the Parliaments Iurisdiction in prescribing publick monethly Fasts and others upon speciall occasions with publicke dayes of thanksgiving together with their power and Ordinances to suppresse all prophanations of the Lords day with many other abuses Sects Errors in Church affaires which hath for ever estopped them to quarrell or deny the Parliaments Legislative Iurisdiction in any other particulars of Church-government Discipline or Religion which suite not with their humors or opinions I shall conclude this point concerning Our own Parliaments Ecclesiasticall jurisdiction with the determination of our incomparable Jewell which hath more reall worth and value in it then the contrary opinion of thousands of opposites being alwayes hitherto reputed the received Doctrine of the Church of England and with Bishop Bilson a very solid Writer This reverend learned Jewell in his Apologie hath this passage concerning the establishment of the Protestant Religion among us That the matter hath been treated in open PARLIAMENT with long consultation and before a notable SYNOD and CONVOCATION Master â—â—â—ding his Antagonist Anâ—â—gonist answering thereunto just as some Independenâ—â— and others who protest they have abjured all Popery though they follow it herein to an haires breadth do now The Parliaments of these later dayes did make most of you and yet how open was it for you had ye any plaâ—e at all in it were ye admitted within the doores or had ye any thing to do in that assembly Did they tarry many moneths about it had they Bishops had they Divines and the most learned to reason too and fro with all Liberty c. How many of the spirituall Lords a great part of the Parliament and without all doubt the part which must be chiefly and only regarded when the questiones of Religion gave their voyce to your Gospell yea which of them did not resist it save 〈◊〉 alone c If they will needs have their matters to depend of THEIR PARLIAMENT let us not be blamed if we call it PARLIAMENT RELIGION PARLIAMENT GOSPEL PARLIAMENT FAITH This learned Bishop returnes the ensuing reply to him That the Parliament war summoned by royall Authority confirmed and concluded in Order as heretofore hath been used That a Parliament might be held and Acts passed without the consent and agreement of Lords Spirituall for which he produceth sundry examples Farther whereas ye call the Doctrine of Christ that now by Gods great mercy and to your great griefe is universally and freely preached a PARLIAMENT RELIGION and a PARLIAMENT GOSPEL for such sobriety becometh you well and may stand you instead when learning fayleth ye might have remembred that Christ himselfe at the begining was universally received and honoured through this Realme BY ASSENT OF PARLIAMENT and further that WITHOUT PARLIAMENT your POPE himselfe was never received no not in the late time of Queen Mary yea and even then his Holinesse was clogged with PARLIAMENT CONDITIONS that whatsoever had beene determined in Parliament and was not repealed were it never so contrary to 〈…〉 and Canons should remain still inviolable and stand in force 〈…〉 Holinesse had gone home again Such Master Harding is the Authority of a Parliament Verily it Parliaments of Realmes be no Parliaments then will your Pope be no Pope Therefore as you now call the truth of God we professe a Parliament Religion and a Parliament Gospel even so with 〈…〉 and gravity of speech you might have sayd our Fathers in old times had a Parliament Christ And your late Fatherâ— and Brethren had of late in the time of Queene Mary a Parliament Faith a Parliament 〈◊〉 a Parliament Pope Neither is it so strange a matter to see Ecclesiasticall causes debated in Parliament read the Lawes of King Inas King Elâ—â—ede King Edward King Ethelstan King Edmond King 〈◊〉 King Canute and ye shall finde that our Godly Forefathers the Princes and Peers of this Realme never vouchsafed to entreat of matters of Peace of Warre or otherwise touching the
Common State before all controversies of Religion and causes Ecclesiasticall had beene concluded King Canute in his Parliament holden at Winchester upon Christmas day after sundry Lawes and Orders made touching the faith the keeping of holy Dayes publike prayers learning of the Lords Prayer receiving of the Communion thrice in the yeare the manner and forme of Baptisme fasting and other like matters of Religion in the end thereof saith thus Iam sequitur institutum Legum secularium Now followeth an Order for temporall Lawes Thirdly we see that the Godly Catholique Princes in old times thought is their duty before all other offices of the Common weale first to determine matters of Religion and that even BY THE PARLIAMENTS OF THIS REALME In a Parliament holden by King William the Conquerer it is written thus The King for as much as he is the Vicar of the highest King is therefore appointed for this purpose that he should Rule and defend the Kingdome and People of the Lord and above all things the holy Church c. Hereby it appeareth that Kings and Princes are specially and of purpose appointed by God not only to defend but also to Governe and Rule the holy Churh How be it if any imperfection shall appeare in the former Parliaments we give God thankes for the same that is and trust that for his owne names sake he will confirme what he hath begun The hearts of Princes and determinations of Parliaments are in his hands If any thing want the arme of the Lord is not Shorted he is able to supply the same So our incomperable Iewell enough to satisfie and silence all our Opposites Thomas Bilson Warden and afterwards Bish of Winchester bringing in the Prelates and Iesuiâ—s objecting against our reformed Protestant Religion that it was brought in and ratified not by a Councell and Synod of the Clergy but by the Prince Queene Elizabeth and the Parliament who say they had no power to determine or deliberate of those matters returnes this answer May not the Prince command for truth within hee Realme except your consents be first required and hadâ— May not her Highnes serve Christ in making laws for Christ without your likeing Claime you this interest and prerogative that without you nothing shall be done in matters of Religion by the Laws of God or by the liberties of this Realme By the Lawes of the land you have no such priviledges Parliaments have beene kept by the King and his Barons the. Clergy wholy excluded and their Acts and statutes good And when the Bishops were present their votes from the Conquest to this day were never negative By Gods Law you have nothing to do with making Lawes of Kingdoms or Common wealthes You may teach you may not command persuasion is your part compulsion is the Princes If Princes imbrace the truth you must obey them If they pursue truth you must abide them By what authority then claim you this Dominion over Princes that their laws for Religion shall be voyde unles you consent seeing they are the maintainers establishers and upholders of the faith with publique power and positive Lawes which they and their Parliaments may make without a precedent councel of Clergy men to guid them as he there proves at large by sundry presidents If any Concurre not with me in this undoubted Ecclesiasticall Iurisdiction of Christian Princes and Parliaments after all these pregnant testimonies I must tell them in plaine english they directly violate their late vow and Covenant and symbolâ—e herein with Jesuites and Popish Prelates whose doctrines they have abjured by their Nationall Covenant and therefore cannot may not ever hereafter embâ—ace without the highest Perjury and plaine Apostacy unto Popery I shall finish this Section of the Authority and power of Parliaments in matters of Religion Church-government Discipline and enacting Lawes in all and every of these particulars with some forraigne presidents in the Parliaments Diers Assemblyes of Estats in other Realme republikes Should I now relate unto you the many ecclesiasticall Laws of all sorts made in them I might swell this Treatise into many folio volumes I shal therefore only give you a brief touch catalogue of some few which the Studious may peruse make use of at their leisure For FRANCE you may survey the Decrees of King Childebert debated and agreed by him and his people in a Parliament de quibuscunque conditionibus una cum Optimatibus nostris c. 2. 4. c. 15. For sanctifying the Lords Day prohibiting the dressing of any but necessary food on it all Bodily labour under pecuniary mulcts The ecclesiasticall laws of Charles the great Ludovicus pius Charles the Bald collected into one volum by Abbot Ansegisus Benedictus Levita Lindebrogus others printed with some pettinent additions Parisijs 1640. stiled Capitula Regum Episcoporum Maximeque OMNIVM NOBILIVM FRANCORVM were made GENERALI CONSENSV PIDPLIVM SKORVM ET GENERALI CONSVLTV ET COMMVNI CONCILIO by generall consent of the King Bishops and especially of the Nobles and states of France in Common Councells Parliaments and Assemblies of the estates Who had so great a power in making rejecting Canons ecclesiasticall Lawes that when in the yeare 846. the Bishops of France and their suffragans had in their Synods compiled certaine Canons by the command of Charles the Bald and tendered them to him as he had commanded in Sparnaâ— a Village of the Church of Rhaemes to peruse and approve the King Dissidentibus regni sui PRIMORIBVS ab eorundem episcoporum admonitionâ— by reason that the Nobles and other men of his Realme differed from the Bishops in opinion in most of those Canons the King and Nobles out of all their Canons or Chapters haec tantum observanda complacenda sibi colligerunt Episcopis scripto tradiderunt dicentes NON AMPLIVS DE FORVM CAPJTVLIS ACCEPTASSE QVAM ISTA ET ISTASE VELLECVM PRINCIPE OBSERVARE which were Stiled Captule Regis CAROLI not the Bishops Canons By which it is evident that no ecclesiasticall lawes or Canons could be made in France to bind either Clergy or Laity but such at the King Nobles Parliament and three estates approved and confirmed I shall add to this that Anno 1307. King Philip the 4. of France assembled a Parliament at Paris wherein the Laity of France exhibited 65. Articles against the Clergy to regulate their jurisdiction and abuses which were there largely handled and debated as you may read at leisure in Masters Fox who records the passages very fully in the French Histories What the Parliament Estates in France have done enacted in matters of Religion Church-Government and discipline of ancient and latter times you may read at large in Liurentius Bochellus his Decreta Ecclesiae Gallicaiae in Carolus Molinaeus Contra parvas Datas c. in William Ranchin his Survay of the Councel of Trent but above all in Antonie Fontanon
his Les Edicts et Ordonnances dos Royes de France A Paris 1585. Tom. 4. throughout wherein you may see an whole Folio volume of Ecclesiasticall Lawes and Edicts made by the Kings and Parliaments of France to which for brevity I shall remit the Reader For Spain the forecited Councels of Toledo which were but Parliament and assemblies of the Estates The lawes of the Wisigothis especially lib. 1â— De removendis OMNIVM HAERETICORVM SECTIS exterms DE OMNIVM HAERETICORVM ATQVE IVDAEORVM ERRORIBVS AMPVTANDIS which you may read at large in the third some of Hispâ—â— Illustrata p. 992. to 1014. and in Fredericus Lindebrogus his Codex Legum Antiquarum France-furtii 1613. p. 210 to 238. together with the Generall history of Spain Joannes de Laet. Hispaniae Descriptio Hieronimus Blanca Rerum Arragenensium Commentarius will furnish us with sufficient Presidents of their Parliaments Iurisdiction in matters of Religion and making Ecclesiasticall Lawes in all Church matters For Bohemia Georgius Bartholdus Pontanus his Bohaemia pia l. 7. De Rebus Gestis sub Ludovico Rege lib. 1. c. 8 9 10 12 24 25 21 29 30 31. lib. 2. c. 3 to 24. l. 3. c. 2 6. l. 4. c 1 711 18 33 34. Pauli Geschinii Majestas Carolina sine Constitutiones Caroli 4 Romani Imperatoris quibus illo Regniâ—â— Bohemiae firmandum ornandumque censuit Handviae 1607 Rubr. 1. De fide Catholica Rub. 2 4 5. De hareticis c. Aeneas Sylvius his Historia 〈◊〉 Pauli Stranhii Respub Bohemiae Master Fox his Acts and Monuments 〈…〉 Grimstons Imperiall History will furnish us with sundry Presidents where their Kings and Parliaments have determined and settled matters of Religion and Church-government in that Kingdome not Synods of their Clergy For Denmarke Hungary Poland and Sueden the Lawes and Historians of these Kingdomes abundantly testifie that their Parliaments and generall Assemblies of State have alwayee settled matters of religion and Church-government See Guagninus Chromerus Saxogrammaticus Pontanus Chyâ—â—â— Rer um Ungarirarum Scriptores For Italy I find that Theodoricus King of Italy among his temporall Laws intiteled Edictum Theodorici Regis hath many Ecclesiasticall constitutions intermixed as cap. 26. 70. 71 168 125 143. and 174. De die Dominico prohibiting arrests or citations thereon The like I finde among the Lawes of the b Burgundians made by Gundebald their K. by the advise and consent of his Nobles Coram positis Optimatibus nostris universa pensavimus iam nostra quam eorum sententia mansuris in aeuum legibus sumpsimus statuta praescribi cap. 28. 44 45. 51. â— Additamenti primi cap. 18. Additamentum 2. cap. 12. Among the Lawes of the Almains made in the time of King Chlotair una cum Principibus suis id sunt 33. Episcopis 33. Ducibus 72. Concitibus vel cetero populo constiâ—â—ta est writes my Author I finde sundry Ecclesiasticall Lawes intermixed with temporall as cap. 1. 24. and cap. 38. De eo qui die DOMINICO opera servilia fecerit Which first enacts Die dominico nemo opera servilia prasumat facere quia hoc Lex prohibet sacra Scriptura in omnibus contradicit And then prescribes bast inadoing to a servant that shall worke on the Lords day and to a freeman after three admonitions the forfeiture of the third part of his inheritance and for the 4th offence perpetuall villainage Quia noluit Deo vacare in sempiernum servus permanâ—â—â— In the Lawes of the Bavarians first compiled by King Theodoricus by the advise of Wisemen skilfull in the Lawes afterwards proceeded in by King Childebert and Clothaire and renued by King Dagobert by advise of his Parliament as this Preface to them attests Hoc DECRETUM est apud Regem Principes ejus â— apud CUNCTUM POPULUM CHRITIANUM qui intra Regnuâ—◠〈◊〉 consistunt I finde the first Title to bee DE ECCLESIASTIC IS REBVS De libris legum justitutionum qua ad CLERVM pertinent Concerning whom there were many very good Lawes enacted I meet with sundry Lawes made by Tassilo Duke of Bavaria Anno Do. 772. Et per PRIMATES Imperij unmerso CONSENTENTE MVLTITVDINE c. Est ab universis uno ore confirmatum c. Many of which Lawes are meerely Ecclesiasticall As the first for the honour and sanctifying of the LORDS DAY Sicut in Lege Scriptum est in decretis Canonum and cap. 2 3 4 6. De Popularibus legibus cap. 10. 11 12 20. So also in the Aditions of Charles the Emperour to the Bavarian Lawes Addit 1. c. 1. 8. and Addit 2. cap. 7. 8 10. Among the Lawes of the Saxons cap 2. sect 8 9. There are some Lawes relating to the Church In the Prisons Laws chap. 18. There is this Law concerning the LORDS DAY Qui opus servile die Dominico fecerit ultra Laubachi sol 12. in caeteris locis Prisiae 4. Sol. culpabilis indictum Siseruus hoc fecerit vapuletur aut Dominus ejus 4. Solidos pro illo componet Additio Sapientum to these Laws Tit. 1. and 12. Concerne the Church Among the Lawes of the Lombards l. 1. tit 2. chap. 2. lib. 2. tit 8 38 39. lib. 3. tit 1. De Episcopis Clericis tit 3. De decimis tit 10. De Rectâ—â—ibus Ecclesiarum tit 11. De Pontificibus tit 26. De excommunicatione and tit 30. 32 40 are wholly Ecclestasticall In the Lawes and Constitutions of those of Napleâ— and Sicily made in the yeare 1221. lib. r. tit 1. 2. Dâ— Haereticis 〈◊〉 eorum Receptoribus Fauctoribus c. tit 3. De Apostatis tit 5. De Crimine sacrilegij tit 7. De Decimis and Tit. 29. 65 68. lib. 3. tit 1. 2 3. 20 25 26 28 43 51 58 59. are meerely Ecclesiasticall concerning Religion the Church and Clergie Not to mention the many Ecclesiasticall Lawers and edicts made by some of the Roman and Greeke Emperors with the consent of their Senators recorded in Iustinian in Codice Theodosij lib. 16. throughout and many of them inserted by Gratian himselfe into his Decrees and body of the Canon Law and reduced under severall heads by Paulus Windeck in his Theologia Iurisconâ—â—â—torum Canonum Legum Consensus Not to rehearse the many Lawes and edicts of the German Emperors Princes Diets touching Religion and Church affaires of all sorts mentioned scatteringly in Abbas Usâ—eigensis Sabellicus Rerum Germanicarum Scriptures Ioannes Aventinus Auâ—alium Boyorum Master Fox Fasciculus Rerum expetendarum Hermaennus 〈◊〉 Grimstons Imperiall History Constitutiones Imperat Parisijs 1606. 〈◊〉 Comment Chytraus Chron Saxoniae and Augustana Confessto fidei Dictrina Electorum Principum Ordinum Imperij atque corundem Theologorum qui Augustanam Confessionem amplectuntuâ— subscribed by all the Protestant Princes Dukes Earles Barons Councels Senates Senators of Germany presented to the Emperor and printed yea reprinted by all their speciall Commands
Lipsiae 1584. together with the severall Confession of all the Protestant Churches in Germany and elsewhere recorded in the Harmony of Confessions which were made published established by the severall Protestant States to Diets or Parliaments by common consent of the Nobles Magistrates Senates Ministers of those Churches not by the Clergy alone are a sufficient demonstration of their Ecclesiasticall legislative power and jurisdiction in all matters of Faith Discipline and Government In few words I dare averre that there is never a forraigne Christian Empire Kingdome or Republike in the world whether Protestant or Popish but hath in their Parliaments Diers Senates made sundry Lawes concerning matters of Faith Government Discipline Clergiemen and all Ecclesiasticall affaires yea for the establishment of that Religion Church Government and Discipline in present use among them as their severall Laws and Constitutions will abundantly manifest to any who have vacancy to peruse them I shall close up this Section with some presidents of the Parliaments of Ireland and Scotland which have most affinity to the Parliaments of England Among the printed Statutes of Ireland collected by Master Belton I mèet with these ensuing Ecclesiasticall Lawes made in the Parliaments of Ireland 36. H. 6. c. 1. That Beneficed persons shall keep Residence 7. E. 4. c. 2. 3. That none shall purchase Benefices from Rome and that pardons made to such as purchase them thence shall be voyde 10. H. 7. c. 5. Against provisors from Rome 25. H. 8. c. 2. For uniting the Personage of Cantrim to the Priory of Saint Peters 28. H. 8. c. 5. That the King shall be supreame head of the Church of Ireland ch 8. and 26. For payment of first-fruits ch 13. Against the Authority of the Bishops of Rome and chap. 14. 17 18 23. For other Ecclesiasticall matters 33. H. 8. c. 6. Conconcerning Mariages cha 12. For Tithes chap. 14. For erecting of Vicaridges 33. H. 8. Parl. 2. chap. 5. For suppressing religious houses 2. Eliz chap. 1. For restoring to the Crowne the ancient Iurisdiction and the State Ecclesiasticall and abolishing all forraigne power repugnant to the same cha 2. For the uniformity of Common prayer and service in the Church chap. 3. Concerning first fruits and Personages impropriate c. 4. For the conferring and consecrating of Archbishops and Bishops 11. Eliz. c. 6. and 13. Eliz. c. 6. with diverse others since For Scotland I finde many Ecclesiasticall Lawes concerning the Church Church-men and all matters of Religion made in Parliament and intermixed with their temporall Acts. To omit the Ecclesiasticall Lawes of King Keneth mixed with his Temporal enacted about the Yeare of our Lord 844. In the Statutes of K. William of Scotland made about the Yeare of our Lord 1170 chap 32. Is For maintaining the true Religion and the Rights and liberties of haly Kirke chapter 34. Of the honesty of Clarkes King Robert the first in his Parliament holden at Scone with his Bishops Abbots Priors Eaâ—iâ—s Barons and other Noblemen of his Realme to the honour of God and haly Kirke with common advise and consent of all the Prelates and Freeholders foresaide and haile community in the 13. Yeare of his Raigne to wit Anno 1319 made a law chapter 〈◊〉 For the freedome of the Kirke and Kirkmen and maintenance of true Religion And the second Parliament of this King chapter 1. Is of Donation of Lands made to Religious persons and chapter 14. Concernes Nunnes Among the Statutes of King David the 2. the 12th chapter is of Pilgranners and chapter 42. For freedome of holy Kirke Not to mention all the statutes made in the Parliaments of Scotland in times of Popery for advancing the Popes Authority Masse Prelacy with sundry Doctrines and Ceremonies abolished by subsequent Acts in times of Reformation I shall only give you a briefe account of some of their Acts of Parliament since beginning of reformation in that Kingdome I finde in Master John Knox his History of the reformation of the Church of Scotland lib. 3 pag 56 57. in the London edition â—644 That in a Parliament held in Scotland Anno 1543. there began question of the abolishing of certaine tyrannicall Acts made before at the devotion of the Prelates for the maintaining of their Kingdome of darknesse to wit That under paine of Haeresy none should read any part of the Scripture in the vulgar Tongue neither yet any Tractate or exposition of any place of Scripture which Act after great debate in Parliament betweene the Nobility Commons and Clergie was wholly repealed and this Act of Parliament enacted That it should be lawfull to every man to use the benefit of the Translations which then they had of the Old and New Testament together with the benefis of other Treatises containing wholsome doctrine untill such time at the Prelates and other Church-men should give and set forth unto them a translation more correct And so by Act of Parliament it was made free to all men and women to reade the Scriptures in their vulgar tongue and all Acts to the contrary abolished This was no small victory of Christ Jesus against the conjured enemies of his Verity In the yeare 155â— of the Protestants in Scotland petitioned both the Queene Regent and likewise the Lords Barons Burgesses assembled there in Parliament for repeale of severall Lawes formerly made against Heritickes for prayers in their vulgar Tongue frequent preaching or interpretation of the Scriptures due administration of the Sacraments of Baptisme and the Lords Supper Reformation of the Church Prelates and ecclesiasticall estate their lives Courts and proceedings And likewise entered a formall Protestation in the Parliament House After this in the yeare 1560. The Protestant Barrons Gentlemen Burgesses and others of the Realme presented a large supplication to the Nobility 〈◊〉 States of Parliament then assembled wherein they desired the abolition of Idolatry and such false Doctrin as wâ—e condemned by Gods word by Act of that Parliament and punishment to be appointed for the transgression that the abuses and prosanations of the Sacraments of Jesus Christ and of the true Discipline of the Church might be reformed That the Popes usurped ecclesiasticall Authority might be abolished and the Popish Clergy removed c. Which application being read in the Audience of the whole Assembly the Batons Ministers other Petitioners were thereupon commanded to draw into plaine and severall heads the summe of that Doctrine which they would maintaine and desire the present Parliament to establish as wholsome true and only necessary to be beleived and to be received within the Realme which they willingly accepted and within foure dayes presented a large Confession of the faith professed and beleived by the Protestants within the Realme of Scotland consisting of 25. Articles which were read in face of Parliament and after ratified by the three States of this Realme at Edinburgh the 17. of Iuly 1560. and by the whole body of the Parliament which
ends of the World shall turne unto the Lord and all the kindreds of the Nations shall worship before him for THE KINGDOME is the Lords and he is the Governour among the NATIONS That ALL NATIONS shall serve and worship before him That he shall have DOMINION from sea to sea and from the Rivers to the ends of the earth That all DOMINIONS shall serve and obey him That the KINGDOMES of the earth shall sing unto the Lord c. All pregnant proofs of Nationall Churches which should serve and obey Christ But that Independent particular Congregations of visible Saints and they only should be Christs Kingdom Republick and Governed immediately by him rests yet on my Brothers part to make proofe of when he is able Thirdly I shall request my Brothers to satisfie me others by that Texts he can make good these Paradoxes of his That those who will not submit to his Independent Church-government Covenant become members of such Churches have no interest in the Covenant Sacraments or Seal of the Covenant or right to any Church-Communion That they are not within the Covenant visibly and therefore their Children not visibly to bee baptized That they professe not Christ to be their King and are afraid or ashamed to be in Covenant with Christ as their King c. Do not these uncharitable Paradoxes good Brother un-Church un-Saint all Christians and reformed Churches whatsoever which submit not to your new way excluding both them and their Children from the Covenant and Seales of Grace and all Church-communion at least in and among your Congregations as professed enemies to the Kingdome and Soveraignty of Christ Is not this the very language Doctrine of the Antichristian Church of Rome who vaunts herself the onely true Church of Christ out of which there is no salvation un-Churching all Churches and un-Saincting all Christians but their owne professed members as haeretickes Schismaticks and enemies to Christ yea is it not an higher strain of spirituall pride and uncharitable Behaviour against your brethren then ever the Donatists or Nouatians broached I beseech you deare Brother in the bowels of Christ to consider and recant these harsh passages which you can never justifie before God or men and have given great offence to many who cordially affect you These generall questions being demanded I shall next addresse my selfe to a more particular answer of the premised Objection by reducing it into these Logical arguments which wil best detect the fallacies imbecillities of it The first is this Christ is the only immediate supreame King Head Ruler and Governour of every particular Church Ergo no Kings Parliaments Councels Synode or any human Power can make any Lawes Rules Canons for the setling of Religion or reforming Governing well ordering of any particular Churches of Christ This is the summe of all my Brothers Passages I answer that this is a meere Independent Argument which will introduce a world of absurdities if admitted as I shall cleare by these following Instances 1. The Scripture is expresse That God himselfe is King yea a great King over all the earth That Christ is the ONLY Potentate the King of Kings and Lord of Lords yea a great King over all Gods That all the Kingdomes and Nations of the earth are the Lords and that he giveth them to whomsoever he willâ— That his kingdome ruleth over all That his is the greatnes the Kingdom the power and the glory and the Majesty that all that is in the Heaven and in the Earth are his that he is exalted as head over all and raigneth over all That he is Lord and King of all as well of their bodies estates as soules and consciences Ergo By my Brothers forme of Arguing No Kings Parliaments Potentates Rulers Kingdoms Republikes ought to make any Lawes for the government of their Realmes publikes Nations Corporations or the ordering of mens persons or temporall estates but God and Christ alone and all particular Kingdomes Societies States Corporations Families are and ought to be immediatly subject to no King Majestrat Parliament or human power whatsoever even in temporall things but only to God and Christ 2ly God is more frequently stiled in Scripture The Lord of HOSTS and God of BATTLE then he is called the only King of his Church a Title you can hardly show me in direct termes in sacred writ Yea his power and providence principally appeares in mannnaging and disposing all occurrences and particulars concerning Hosts Armies Battles as your Brother Burroughs in his Glorious name of the Lord of Hosts hath largely manifested Ergo by this Logicke No King Parliament Generall Captaine or Councell of Warre may or ought to make or prescribe any Martiall Lawes for the regulating governing mustering Marshaling or disciplyning of their Hosts but God alone 3ly Christ is our only Soveraigne Lord Master Father Ergo no Landlord Master Father ought to prescribe any Lawes Rules orders for the better Government of their Tenants servants families Children but Christ alone by your argumentation 4ly Christ is the chiefe Shepherd Bishop Prophet Teacher and Instructor of his Church Ergo none ought by your reasoning to seed teach or instruct the Church and people of God but Christ alone We must have no Ministers teaching Elders Pastors Teachers to instruct Vs henceforth who are but men and not Christ himselfe 5ly Christ is the only Mediator Advocate Intercessor for his Church and people Ergo none ought by their Prayers and intercessions to soltcite the throne of Grace for the peace prosperity reformation and deliverance of Christs Churches and people but Christ alone Ministers must not pray for their people nor Saints one for another noreither of them for the whole Church of God if your Argumentation be solid 6ly If this argument stand firme then marke the inevitable consequences of it Independent Subjects will argue with their Princes Majestrates Superiors thus Christ is our only King Head Lord. Therefore we must not be subject to any Lawes and commands what soever but only to the lawes and precepts of Christ Wives Children servants will reason thus Christ is our onely Head Husband King Lord Father Master Therefore we will not we ought not to be subject to any of the Lawes Orders precepts of our Husbands Parents Ministers but only to the immediate Rules Laws edicts of Christ himselfe Mutinous or Independent Souldiers will thus argue with their Generalls and Commanders Christ is our only Captaine Generall and our Lord of Hosts Ergo we will be commanded conducted ordered by none but Christ not by any other Captain or Generall whatsoever Nay people and every member of your Independent Congregations upon any discontent wil thus dispute with their Ministers Ruling Elders Congregations Christ is our only head King lawgiver Judg. Therefore neither Councels Synods nor any Independent Ministers or Congregations may prescribe any Laws covenants Orders or directions to us or exercise any jurisdiction
eclesiasticall over us or passe any censures upon us but only Christ himselfe Brother if such Antimonarchicall Antiparliamentall and Anarchicall Logicke and Divinity be ever taught and beleeved in the world which cutts asunder the nerues and dissolves the very foundation of all Governments and Relations whatsoever whether naturall civill or Ecclesiasticall what an horrible confusion will be immediatly produced to the utter distruction of all Kingdomes Republiques Churches Families Societies Corporations in the World let all prudent men Judge Yet this is the dangerous Logicke this the Foundation stone whereon your whole Independent fabrick is built the absurdities and ill consequences whereof I trust all will now at last discerne Secondly I answer That though Christ be the only King and supream Law-giver of his Church yet it followes not thence that therfore no Parliament or humane power may or can make Lawes to order or governe the Churches and people of God by but onely Christ For Brother your selfe will grant 1. That Parliaments Kings and Synods may and ought to make Lawes to supposse and punish all manner of Idolatry superstition Impietie prophanenesses corruptions Heresies Doctrines Opinions and exorbitances whatsoever in their Churches Ministers people that are contrary to the Word of God the Lawes Doctrine Government of Christ or tending to the depravation disturbance or prejudice of the Church and Gospell Secondly they may publish Lawes and Canons to settle and establish the true Confession of the Christian saith the sincere Ordinances of God and such a true worship Church-Government and Discipline which is most consonant to his Word throughout all Churches in their respective jurisdictions yea compell Ministers to doe their duties and people diligently to repaire to all the Ordinances of God to sanctifie the Lords day and to observe extraordinary dayes of humiliation and thanksgiving upon extraordinary occasions Thirdly They may enact Lawes and Ordinances to settle the places and times of publike Worship and all necessary circumstances w ch concern the same not peremptorily determined in the Scriptures concerning Church assemblies Fourthly They may enact Laws for the maintenance of Ministers of all necessary Church Officers and for prayer preaching reading the Word administring receaving the Lords Supper concerning ordination Mariage siging fasting excommunication agreeable to the Word of God This I presume all will grant and my Brother will not deny which is all I contend for Therfore Christs being the only King Head Ruler and Lawgiver of his Church is no impediment to Kings Parliaments by advise of Synods to enact such Lawes as these and so the Argument a meere Independent Nonsequitur Thirdly Christ is the King Lord Head and Lawgiver of every private Christian or Member of a Congregation as well as of every particular or of the whole Catholik Church and so by your determination he is subject to no other jurisdiction then that of Christ his Spirit and Word Yet I hope you will grant that every Independent Congregation hath a true jurisdiction and power over every particular member of it yea a legislative power to prescribe a speciall covenant and such Ecclesiasticall Rules Orders as the whole Congregation shall thinke meet to which they must submit under paine of excommunication suspension Non-communion and denying baptisme to their Infants as you plainly intimate pag. 44. 45 46 62 63. Therefore these titles and Prerogatives of Christ doe not deprive particular Churches of the power of prescribing covenants Orders Rules and Canons to their Members much lesse then whole Synods Councells Parliaments of farre greater wisdom power Authority then particular Churches And if private Churches may thus oblige their Members then much more may Parliaments Councells all particular Churches within their jurisdictions And so much in answer of this grand argument The second is this Christ is the full and sole King raigning in the heart and conscience of every true Beleever He only is King over every mans Conscience so as no man nor power on earth may sit with him in this his Throne Therefore no Parliament Councell nor human power may prescribe Laws for the Government or ordering of the Church for then of necessity man should be Lord over the Conscience which is the highest presumption against the most high I answer That this argument is grounded upon a very sandy foundation and upon this controversed question both among Divines and Casuists Whether Ecclesiasticall or Civill human Laws made and ratified by the supreame civill Magistrates Parliament bind necessarily oblige us to obedience in point of conscience in case they be not contrary to Gods Word for if they be all grant they do not bind to obedience in point of Conscience My Brother here holds the Negative as an indisputable Maxime That these Laws bind not the conscience in point of Obedience to them A very dangerous false unsound Position tending to meere Anarchy and contempt of all humane Lawes and lawfull Authority in Church or State And for my own part I clearely hold the Affirmative to be an undoubted truth This question is largly debated and held affirmatively by learned Paraeus Explicatio Dubiorum in c. 13. ad Romanos Dubium 7. pag. 1413. to 1446. by Musculus Peter Martyr Marlorat and Doctor Willet in their Commentaries on Rom. 13 with other Protestants on this Text by Ursinus in Exposit secundi Praecepti p. 299. by Theodoret Ambrose Beda Anselme and generally most ancient and modern Commentators on that Text by Alexander Alensis Summa Theologiae Pars. 2. qu 120. Artic 2. 3 4. with whom all other Shoolemen generally concurre Paulus Windek Canonum Legum Consensus Dissensus cap. 4. p. 12. Stapleton in Antid p. 783. Bellarmine l. 3. c. 9. De Laicis Pererius Disp 2. Num. 8. by Saint Augustine in Epist 54. ad Macedonium and in Tit. Psal 70. by Saint Bernard Tract de Praecepto Dispensat With infinite others Indeed Master Calvin Instit lib. 3. c. 9. Sect. 15. 18. and lib. 4. c. 10. Sect. 3. 4 5. Beza in Notis ad Rom. 13. Sibrandus De Pontif Romano l. 8. c. 7. and some others seemingly hold the contrary yet not generally of all but of some particular humane Lawes I shall briefly lay downe the truth of the affirmative part out of Pareus and Doctor Willet in these insuing Propositions and then propound the Affirmative and answer the Negative arguments in their Order to vindicate this truth now most opposed when it is most necessary both to be discovered and obeyed The Propositions are these That all just Civill Ecclesiasticall or Oeconomicall Laws and Ordinances made by the King and Parliament or by lawfull Magistrates Parents Masters Tutors Superiors which concerne the duties of the first or second Table do bind the Conscience of themselves and that simply both in generall and particular That all good Laws made for the determining of any necessary circumstances of Gods Worship or necessary and profitable for
liberty left them to elect what civil government they by publique consent shall deem most convenient provided it be generally agreeable to Gods Word which hath prescribed generall rules applicable to all civill Governments actions as well as Ecclesiasticall and spirituall though no one Government in particular And why the Government of the CHVRCH MILITANT should be more particularly uniformly unalterably said down in scripture then the Government of Christian Kingdoms Nations states under the Gospel which leaves both of them equally undetermined since both of them were alike limited among the Israelites under the Law no rational man cangive any solid reason Christ being King of Kings Lord of Lords yea a great King over all the Earth the only Potentate and Lord of Kingdoms Nations Republiques and of mens bodyes estates as well as KING and Lord of his Church Saints or of mens soules and consciences 9ly There was not only one uniforme Church-government at first under the Gospell in all Churches no not in the Apostles times for in the originall gathering and planting of the Christian Churches they had at first only Apostles Brethren no Elders or Deacons After that their Churches increasing they proceeded to elect ordain Deacons in the Churches of Ierusalem and afterwards some other Churches though not in all for ought we read Not long after the Apostls ordained Elders in Churches which had none at first after that Widowes in some Churches not in all In the primitive Churches some Congregations had Apostle s Evangelists Prophets workers of miracles Healers by miraculous extraordinary gifts of healing men endued with diversities of Tongues Interpretation of Tongues GOVERNMENTS that is men gifted with an extraordinary faculty of Governing Churches all which the Scriptures many Divines distinguish Other Churches at that time had none of these Officers or members and all Churches have beene deprived of them since those dayes these Officers not being perpetuall but temporary as all acknowledge though Christ might have continued a succession of them still had he pleased Therefore the Government and Officers of all Churches not being de facto one and the selfesame in all particulars in the very Primitive times as well as since it can never be proved to be of divine right but one the sel same in al succeeding ages without the least variation since it was not so in the Apostles days 10ly The Apostles speech 1. Cor. 12. 4 5. 6. c. There are diversities of gifts but the same spirit and there are differences of administrations but the same Lord and there are diversities of operations but the same God which worketh all in all compared with v. 8. to 13. ch 9. v. 19. to 24. I made my selfe servant unto all that I might gaine all And unto the Jew I became as a Jew that I might gaine the Jew to them that are under the Law as under the Law that I might gaine the Jew to them that are under the Law To them that are without Law as without Law that I might gaine them that are without Law To the weake I became as weake that I might gaine the weake I am made all things to all men that I might by all meanes save some paralleld with Acts 15. 1. 2. 5. 6. to 32. Ch. 21. 18. to 30. by which it is evident that many Churches of the Iewes and those in Jerusalem did still rotain the use of Circumâ—ition purification other Iewish Rites Ceremonies which the Churches of the Gentiles by the Apostles owne resolutions WERE NOT TO OBSERUE And with Acts c. 2. to cap. 22. where it expresly appeares that the Apostles and other Christians equally frequented the Iewish Temple Synagogues conforming themselves to the Orders discipline thereof and their owne private Assemblie Cougregations consisting all of professed Christians Wil expresly clear it that all particular Churches Congregations in the Apostles times had not one and the selfe same Church-government Orders Ceremonies Therefore it is most cleare there is no such uniforme general government or discipline necessarily prescribed in the Gospel unto al without the least variation as is objected Eleventhly It must be granted to me till disproved that before the Law from Adams Creation till Moses there was no one universall set forme of Church Government and discipline enjoyned to be observed by all the world from which none might vary in any particular That under the Law it selfe there was one forme of Government Worship Discipline Ceremonies and Solemnities to be observed in the Wildernesse another in the Lind of Canaan One forme in and under the Tabernacle revealed by God described by Moses another in and under the Temple shewed by God and appointed by David and Salomon Yea the second Temple and its Ornaments services differed somwhat from the first and all of them expired when the Gospell came If then there were no one universall constant forme of Church-Government Discipline before and under the Law it selfe then by parity of reason till direct Scripture proofes be produced to the contraty there neither is nor can be any such under the Gospell Twelfthly The Scripture as all must acknowledge gives not many particular but mostly generall Rules for the Government and regulating of our thoughts words actions lives Children Servants Families callings the fashion of our apparell gestures eating drinking sleep c. Yea the promises and threatnings in it are for the most part generall and indefinite yet applyable to every particular person and occasion If then there be for the most part only generall Rules precepts which admit some Latitude and variety in particulars prescribed to us for the very ordering and regulating of our thoughts words actions lives apparell meat drinke c. Then certainely there are but generall Rules and Precepts given us for the Government Discipline of the Churches which admit varieties of Government discipline in sundry particulars so as they agree in the generall with the Word and bee not repugnant to it as well as the generall Rules for regulating our words thoughts actions conversations callings apparell meat drinke and family Governments admit of variety which more immediately concerne every man then the more remote and generall Government of the Church But against this my Brother Burton Objects 1. That God in the Old Testament did give this charge to Moses See that thou doe all things according to the patterne shewed thee in the Mount Hee must not vary ONE PIN And when the Temple was built God was so exact in this that he would not leave it to David himselfe though both a King and a Prophet and a man after Gods owne heart to set up what worship he pleased in the Temple but God gave him an exact patterne of all and that not only by his Spirit but in writing that he might neither adde to nor omit IN THE LEAST TITLE 1 Chron. 28. And it was never left
seven to what Rules Covenants Orders Censures Government Discipline every private Minister Eldership or every major part of a congregation shall arbitrarily prescribe unto their members as suitable to the Word No doubt he that hath a doubtfull case in Law would rather have the advice of many solid Lawyers then one he that is sicke in body will give more credit to the opinion of the whole Colledge of Physitians upon debate then to one or two Doctors or Apothecaries Whence the policies of all States Churches in all Ages have reserved the power of making Lawes and setling matters of greatest moment to their most generall Councells Parliaments and Assemblies not to Cabinet Counsells or Vesteries Brother it is a true rule of Aristotle that men are better governed by Laws which continue constant inpartiall inflexible then by Men whose lusts passions interests and private ends doe for the most part byasse them awry holds as well in Ecclesiasticall as civill Constitutions Therefore this legislative power and Jurisdiction of Parliaments and Synods over particular Churches is so farre from being a prejudice or slavery to them that it is as great a priviledge and freedome as our Parliaments are to our Kingdomes which onely make binding Lawes for all and the only meanes to free us from an arbitrary Government The third thing my Brother objects is That all these Churches where the Apostles Preached were of absolute Authority among themselves respectively and equall one to another not one of them having jurisdiction over another The seven Churches of Asia the Churches of Ephesus Corinth Antioch c. exercising all jurisdiction within themselves alone not being subordinate to themselves or any other as others object And in the Primitive Churches next after Christ for two hundred yeares or more the Government was almost popular and every Church had equall power of ordaining and casting out their Minister and were independent one of another as appeares by the Centurists Cent. 1. c. 7. Tit de Consoâ—iatione Ecclesiarum and De Synodis privatis To this I answer 1. That there is no such thing in the first Century my Brother quotes nor any thing in the second but that one particular Church and Bishop was not then Lord and soveraign over another but it saith not they were not subject to the determinations of publick Synods 2. That none of the Churches planted by the Apostles were absolute and Independent as you pretend For first they were all subject to the Apostles rules and directions both Churches Ministers Elders as is evident by the whole History of the Acts and all the Epistles written to those Churches after they were planted prescribing Rules and Directions to them for to follow by Pauls sending for the Elders of the Church of Ephesus to him to Miletus and giving them there a charge concerning themselves and their flockes Acts 20. 15. to 36. by â— Cor. 11. 18. That which commeth upon me daily the care of all the Churches c. 1 Cor. 11. 34. The rest will I set in order when I come by his commanding them to deliver the incestuous Corinthian to Sathan 1 Cor. 5. 4 5. Tit. 1. 5 6. Therefore they were not Independent or absolute in themselves but subordinate to the Apostles 2. Though they were not subordinate immediately one to another as one single Parish Church now is not subordinate to another particular Church nor the Churches of one City Republike Kingdom subordinate to another yet they were all subject to a Parliament Synod or combination of many Churches in cases of differences new opinions c. which concern the purity of Religion the suppressing of Schismes the common Peace or weale of all Churches in which all have equall interest as is cleare by the Synodicall determination and decrees of the Apostles Elders and Brethren at Ierusalem who sent Decrees to all the Churches of the Gentiles to observe Acts 15. throughout c. 21. 24 25. which is thus expressed Ch. 16. v. 4 5. And as they went through the Cities they delivered them THE DECREES FOR TO KEEPE THAT WERE ORDAINED OF THE APOSTLES AND ELDERS WHICH WERE AT HIERVSALEM And marke the happy fruites and effects of those Decrees And so was the Church established in the Faith and increased in number daily It was well there were no Independents then they would have quarrelled both this Synod and its Decrees as they doe most strangly now or sought for to avoyd this unavoydable president argued as some doe now What we are Independent Congregations absolute and compleate within our selves what hath the Church or Synod at Jerusalem to doe to make Decrees for us to keepe who are under Christ alone as our onely King Head Governour Law-giver not under Apostles Elders Synods or any other Church who may not Lord it over us Hence then I argue that the Churches then were not Independent because they thus readily embraced submitted to the observation of these Synodall Decrees which our Independent Churches will not stoop to saying Their Churches are absolute intirely their owne who is Lord over them Adde to this that the Apostle in the 1 Cor. 11. 15. argues the unlawfulnesse of womens praying without vailes and of mens wearing long haire ad never longer in England then now in the Church of Corinth from the very custome of other Churches Neverthelesse saith he if any man seens to be contentious in opposing the premises we have no such custome NEITHER THE CHVRCHES OF CHRIST where Paul from the custome of all other Churches of Christ condemnes the irregularity of some in the Church of Corinth whence I argue If the lawful laudable customes only of all other or most of the Churches of Christ ought to oblige a sister Church that is singular and different from them to uniformity with them in things convenient and just as this Text manifests then by like reason the just Decrees and Canons of many Churches combined ought to oblige particular Churches which are under their precincts 3. Though the Church of Corinth did not exercise Jurisdiction or claime a power over the Church of Philippi nor one of the seven Churches exercise a Jurisdiction over the other as they were single Churches and under severall civill Government whose Magistrates then were not Christians yet Paul John and the other Apostles held a jurisdiction over them as their Epistles to them manifest and they all combined in a Synod had power by their Deputies one over another not as particular Churches but as a Synod wherein they were all combined as the second Century cap. 7. Master Rutherford his due Right of Presbitires Art 15. p. 355. to 480. to whom I sha refer the Reader My Brothers Argument therefore is but this in substance The Church of Sepulchres hath no jurisdiction over Saint Androwes nor the Church of Pauls over Westminster not the Church of England over the Church of France or Scotland Ergo a generall Councell or