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

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the Lords and Commons in this present Parliament assembled That all and every the person● hereafter in this present Ordinance named that is to say Algernon Earl of Northumberland William Earle of Bedford Phillip Earle of Pembroke and Montgemery William Earle of Salisbury Henry Earle of Holland Edward Earle of Manchester William Lord Viscount Say and Seale Edward Lord Viscount Conway Phillip Lord Wharton Edward Lord Howard of Estr John Selden Esquite Francis Rows Esquire Edmund Prideaux Esqui●e Sir Henry Vane Knight Senior Iohn Glyn Esquire Recorder of London Iohn White Esquire Bouldstrode Whi●locke Esquire Humphrey Salloway Esquire Master Serjeant Wilde Oliver Saint Iohn Esquire his Majesties Sollicitor Sir Benjamin Rudyard Knight John Pym Esquier Sir Iohn Clotworthy Knight Iohn Maynard Esquire Sir Henry Vane Knight junior William Pierpoint Esquiet William Wheeler Esquier Sir Thomas Barrington Knight Walter-Young Esquier Sir Iohn Euelin Knight Herbert Palmer of Ashwell Batchellor in Divinity Oliver Boles of Sutton Batchellor in Divinity Henry Wilkinson of Waddesdon Batchellor in Divinity Thomas Valentine of Chalsont Giles Batchellor in Divinity D. William Twisse of Newbury with sundry other Divines mentioned in this Ordinance and such other person and persons as shall be nominated and appointed by both Houses of Parliament or so many of them as shall not be lefted by sicknesse or other necessary impediment shall meet and assemble and are hereby required and enjoyned upon summons signed by the Clerkes of both Houses of Parliament left at their severall respective dwellings to meete and assemble themselves at Westminster in the Chapell called King Henry the sevenths Chappell on the first day of July in the yeare of our Lord one thousand six hundred fort●y three and after the first meeting being at least of the number of forty shal from time to time sit be removed from place to place and also that the said Assembly shall be dissolved in such manner as by both Houses of Parliament shall be directed And the said persons or so many of them as shall be so Assembled or sit shall have power and Authority and are hereby likewise enjoyned from time to time during this present Parliament or untill further Order be taken by both the said Houses to con●erre and treat amongst themselves of such matters and things touching and concerning the Liturgy discipline and Government of the Church of England or the vindicating and clearing of the doctrine of the same from all false aspertions and misconstructions AS SHALL BE PROPOSED VNTO THEM BY BOTH OR EITHER OF THE SAID HOVSES OF PARLIAMENT AND NO OTHER and to deliver their opinions and advices of or touching the matters aforesaid as shall be most agreeable to the Word of God TO BOTH OR EITHER OF THE SAID HOVSES FROM TIME TO TIME IN SVCH MANNER AND SORT AS BY BOTH OR EITHER OF THE SAID HOVSES OF PARLIAMENT SHALL BE REQVIRED and the same not to divulge by printing writing or otherwise without the consent of both or either House of Parliament And be it further ordained by the authority aforesaid that William Twisse Doctor in Divinity shall sit in the Chaire as Prolocutor of the said Assembly and if he happen to die or be letted by sickenesse or other necessary impediment then such other person to be appointed in his place as shall be agreed on by both the said Houses of Parliament And in case any difference of Opinion shall happen amongst the said persons so assembled touching any the matters that shall be proposed to them as aforesaid that then they shall represent the same together with the reasons thereof to both or either the said Houses respectively to the end such further direction may be given therein as shall be requisite in that behalfe And be it further Ordained by the authority aforesaid That for the Charges and expences of the said Divines and every of them in attending the said service there shall be allowed unto every of them that shall so attend during the time of their said attendance and for ten dayes before and ten dayes after the summe of foure shillings for every day at the charges of the Common-wealth at such time and in such manner as by both Houses of Parliament shall be appointed And be it further Ordained that all and every the sayd Divines so as aforesaid required and enjoyned to meet and assemble shall be freed and acquitted of and from every offence forfeiture penalty losse or damage which shall or may arise or grow by reason of any Non-residence or absence of them or any of them from his or their or any of their Church Churches or Cures for or in respect of their sayd attendance upon the sayd Service any Law or Stature enjoyning their attendance upon their respective Ministeries or Charges to the contrary thereof notwithstanding and if any of the persons before named shall happen to die before the sayd Assembly shall be dissolved by Order of both Houses of Parliament then such other person or persons shall be nominated and placed in the roome and stead of such person and persons so dying as by both the sayd Houses shall be thought fit and agreed upon And every such person or persons so to bee named shall have the like Power and Authority Freedome and acquittall to all intents and purposes and also all such wages and allowances for the said service during the time of his or their attendance as to any other of the sayd persons in this Ordinance is by this Ordinance limited and appointed Provided alwayes that this Ordinance or any thing therein contained shall not give unto the persons aforesaid or any of them nor shall they in this Assembly assume to exercise any Iurisdiction Power or Authority Ecclesiasticall whatsoever or any other Power then is herein particularly expressed Some generall Rules for the Assembly directed by the Lords and Commons in Parliament Assembled 1. THat two Assessors be joyned to the Prolocutor to supply his place in case of absence or infirmity 2. Two Scribes to be appointed to set down all proceedings and these to be Divenes who are not Members of the Assembly viz. Master Henry Rowberry and Master Adoniran Byfeild 3. Every Member at his first entrance into the Assembly shall make a serious and solemne Protestation not to maintain any thing but what he believes to be the truth and to embrace Truth in sincerity when discovered to him 4. No resolution to be given upon any question on the same day wherein it is first p●rpounded 5. What any man undertakes to prove as necessary he shall make good out of the Scriptures 6. No man to proceed in any dispute after the Prolocuter hath enjoyned him silence unlesse the Assembly desire he may go on 7. No man to bee denied to enter his dissent from the Assembl● and his 〈◊〉 for it in any point after it hath beene first Debated in the Assembly And thence if the dissenting party desire it to be sent to the Houses of Parliament by
over them both in and out of Synods After this in the very height of Popery and the revivall of it in England in the first year of Queen Mary a Parliament and Convocation being summoned to re-establish Popery the Queen her selfe appointed and commanded a publike Disputation to be held at Pauls Church in London in the Convocation house about the matter of the Sacrament which was accordingly held and continued six whole dayes many Earles Lords knights Gentlemen and divers of the Parliament Court and City being present at it to the end that they might constitute Laws of the matters of Religion debated which the Queen and Parliament might ratifie The Disputation being ended The Queen sent a Writ to Bonner Bishop of London to dissolve the Convocation which was done accordingly So that this Convocation did nothing in matter of doctrine or discipline even in these times of Popery but what the Queen did first direct and limit them Queen Mary deceasing and Queen Elizabeth a Protestant Princesse succeeding her called a Parliament and Convocation to suppresse Popery and re-establish the Protestant true Religion To effect which with more facility this pious Queen having heard of the diversity of opinions in maters of Religion among sundry of her loving Subjects and being very desirous to have the same reduced to some godly and christian concord by the advice of the Lords and others of the Privy Councell as well for the satisfaction of persons doubtfull as also for the knowledge of the very truth in certain matters of difference commanded a convenient chosen number of the best learned of either part to conferre together their opinions and reasons concerning three particular points that should be prescribed to them thereby to come to some good and charitable agreement with all convenient speed Hereupon nine of the learnedst Papists were chosen on the one side and nine of the ablest Protestants on the other to debate these three Propositions prescribed to them in writing 1. It is against the word of God and the custome of the ancient Church to use a tongue unknown to the people in common Prayer and the administration of the Sacraments 2. Every Church hath authority to appoint take away and change Ceremonies and Ecclesiasticall Rites so the same be to edification 3. It cannot be proved by the word of God that there is in the Masse offered up a sacrifice propitiatory for the quick and the dead It was further resolved by the Queens Majesty that the conference on both parties should be in writing for avoiding much altercation of words that both sides should declare their minds opinions and reasons in writing and at the same day deliver them mutually one to the other to be considered and to return their answers thereto in writing by a certaine day Immediately herupon divers Nobles and States of the Realme understanding that such a meeting and conference should be in certain matters whereupon In the Court of Parliament consequently following some Lawes might be grounded they made earnest request to her Majesty that the parties of this conference might be ordered to put and read their Assertions in the English tongue and that in the presence of them of the Nobility and of The Parliament House for the better satisfaction and ordering of their owne judgements to treat and conclude of such Lawes as might depend hereupon This also being thought very reasonable was signified to both parties and so fully agreed upon and the day appointed for the first meeting to bee the Friday in the afternoone being the last of March at Westminster Church At which day and place both for good order and for honor of the Conference By the Queens Maiesties Commandement the Lords and others of the privie Councell were present and a great part of the Nobility also The Lord Keeper and the rest of the Lords bearing chiefe sway in ordering this conference as you may read at large in Master Fox in the second dayes discourse In this Conference I shall onely observe two passages of the Protestant party The first is the begining of their Prologue to their written Conference in these words For as much as it is thought good to the Queens most Excellent Majesty unto whom in the Lord all obedience is due that we should declare our Iudgement in writing upon certain Propositians We as becometh us to do herein most gladly obey The next is their third observation from the law of Justinian the Emperor commanding all Bishops and Priests to celebrate the holy oblation and prayers in Baptisme with an audible voyce c. And let them know this that if they neglect any of these things the dreadfull judgement of the great God and our Saviour Jesus Christ shall fall upon you neither will wee when wee know it rest and leave it unrevenged viz. That this Emperour being a christian did not only make Constitutions of Ecclesiasticall matters but also threatneth revenge and sharp punishment to the violaters of the same Therefore they held he had an obliging power over his Subjects and a coersiveauthority vested in him to enforce obedience to his Lawes of which more hereafter As this was the practise of this blessed pious Queen in the begining of her Raigne to prescribe to her Clergy in Convocation what they should treat off and how So it continued in use and was punctually submitted to by all Convocations during her Raigne and that not onely as a matter of complement but of conscience religion and the established doctrine of the Church of England as you may read at large in Bishop Jewels Apology of the Church of England and in the Defence of his Apologie against Harding part 6. c. 9. to 16. p. 689. to 766. a learned full discourse to this purpose and in Bishop Bilsons true Difference between Christian Subjection unchristian Rebellion the second part to omit all others who have handled this subject in her Raigne It seemes therefore strange to me that this which was reputed the true doctrine of the emmine●test learnedest writers Reformers of this Church and of the Church of England it selfe from the begining to the end of her happy Raign and ever since should bee deemed meere Antichristian Diabolicall theomacall and meer Popish doctrine now when as the contrary opinion is really such Our late Soveraigne King James in his Letters Patents before the Ecclesiasticall Canons and Constitutions made in Convocation A● 1603. recites that he called that Convocation by his Writ and that ●e did By severall Letters Patents under his Great Seale of England the one dated the 11. of April the other the 25. of Iune in the first year of his Raigne Give and grant full free and lawfull liberty power and Authority unto the sayd Clergy in their Convocation who without such a Patent and License could debate and conclude nothing else it had been vaine and superfluours To conferre Treat Debate Consider Consult and agree of and upon
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 circa●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 a●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