had their place amongst them according to which Canâ—n there went out a Mâ—nitory from the Aâ—chbp of Caâ—terbury to all the Suffragâ—ns of hiâ— Pâ—ovince 〈…〉 which is still extant on Record But being the authority of the Church was then in the wane it was thought necessary to confirm their Acts and see execution done upon it by the Kings Injunction which did accordinâ—ly come forth with this Form or preamble That the abolishing of the said holy dayes was decreed ordained and established by the Kings Highness Authority as supâ—eam Head in earth of the Church of England with the common consent and assent of the Prelates and Clergy of this â—is Realm in Convâ—cation lawfully assembled and congregate Of which see Foxe his Acts and Mâ—numents fol. 1246 1247. Afterwards in the year 1541 the King perceiving with what difficulty the people were induced to leave off those Holy days to which they had been so long acâ—ustomed published his Proclamation of the twenty third of Iuly for the abolishing of such Holy days amongst other things as were prohibited before by his Injunctions both built upon the same foundation namely the resolution of the Clergy in their Convocation And so it stood until the Reign of King E. 6. at which time the Reformation of the publick Liturgie drew after it by consequence an alteration in the present businesse no days being to be kept or accounted holy but those for which the Church had set apart a peculiar office and not all those neither For whereas there are several and peculiar offices for the day of the Conversion of Saint Paul and the day of Saint Barnabas the Apostles neither of these are kept as holy days nor reckoned or esteemed as such in the Act of Parliament wherein the names and number of the holy days is precisely specified which makes some think the Act of Parliament to have had an over-ruling power on the Common prayer Book but it is not so there being a specification of the holy days in the book it self with this direction These to be â—bsâ—rved for Holâ— days and nonâ— other in which the Feasts of the Conversion of St Paul and the Apostle Barnabas are omittâ—d plainly and upon which specification the Stat. 5 6 Ed. 6. cap. 3. which concerns the holy days seems most expresly to be built And for the Offâ—ces on thoâ—e days in the Common-prayer Booke you may pleaâ—e to know that every holy day consisteth of two special parts that is to say râ—st or cessatiâ—n from bodily labour and celebration of Diâ—ine or Relâ—gious duâ—ies and that the dayâ—s before remembred aâ—e so far kept holy as to have sâ—ill their proper and peculiar Offâ—ces which is observed in all the Cathedrals of this Kingdome and the Chappels Royall where the Service is read every day and in most Parish Churches also as oft as either of them falls upon a Sunday though the people be not in those days injoined to rest from bodily labour no more then on the Coronation day or the fiâ—th of November which yet are reckoned by the people for a kind of holy days Put all which hath been said together and the â—umme is this That the proceedings of this Church in the Reformation were not meerly Regall as it is objected by some Puritans much lesâ—e that they were Parliamentarian in so great a woâ—k as the Papists falsly charge upon us the Parliaments for the most part doing liâ—tle in it but that they were directed in a justifiable way the work being done Synodically by the Clergy onely according to the usage of the Primiâ—iveâ—imes the King concurring with them and corroborating what they had â—esolved on either by his own single Act in his letters Paâ—ent Proclamations and Iâ—junctions or by some publick Act of State as in 〈◊〉 and by Acts of Parliament 6. Of the power of making Canons for the well ordering of the Clergy and the directing of the people in the publick Duties of Religion WE are now come to the last part of this design unto the power of making Canons in which the Parliament of England have had lesse to do then in either of the other which are gone before Concerning which I must dâ—sire you to remember that the Clergie who had power before to make such Canons and Constitutâ—ons in their Convocation as to them seemed meet promised the King in verbo Sacerdâ—tij not to Enact or Exâ—cute any new Caâ—ons but by his Majesties Royal Assent and by his authority first obtained in thaâ— behalf which is thus briâ—fly touched upon in the Ant. Brit. in the lâ—fe of William Marham Arch Bp of Canterbury Clerâ—â— in verbo Sacerdotij fidem Regidâ—dit ne ullaâ— deinceps in Synodo ferrent Ecclesâ—asticas leges nisi eâ— Synodas authâ—ritate Râ—gia conâ— gregata et constitutiones in Synodis publicataâ— eadem auâ—â—oritate ratae essent Upon which ground I doubt not but I might securely raise this proposition That whatsoâ—ver the Clergy did or might do lawfully before the act of Submission in their Convocation of their own power without the Kings authority and consent concurring the same they can and may do still since the act of their Submission the Kings authoâ—â—ty and consent co-operating with them in their counsels and giving confirmation to their Constitutions as was said before Further iâ— doth appear by the aforesaid Act. 25. H. 8. c. 19. â—hat all such Canons Constitutions Ordinances and Synodals Prouincial as were made beâ—ore the said Submission which be not contrary or repugnant to the Laws Statutes and Customes of this Realm nor to the damage or hurt of the Kiâ—gs Prerogative Royal were to be used and executed as in former times And by the Statute 26. H. 8. c. 1. of the Kings Suprâ—macy that according to the Recognition made in Convocation ouâ— said Soveraign Lord his heirs and succesâ—ors Kings of this Realm shall have full power and authority from time to time to visit repress reform order correct c. all such Errours heresies abuses offences contempâ—s and enormities whatsoever they be c. as may be most to the pleasure of Almighty God the increase of virâ—â—e in Christs Religion and for the peace unity and tranquillity of this Realm and the confirmation of the same So that you see these several ways of ordering matters for the Publick weal and governance of the Church First by such ancient Canons and Constitutions as being made in former times are still in force Secondly by such nâ—w Canons as are or shall be made in Convocation with and by the Kings Consenâ— And Thirdly by the authority of the Soveraign Prince according to the Precedentâ— laid down in the book 〈…〉 and the best agâ—s of the Church Concerning which you must remember what was said before viz. That the Statutes which concern the Kings Supremacy are Declaratory of an old power onely not Introdâ—ctory of a new which said we shall the better see whether the Parliament have had any thing to do either in making Canons or prescribing Orders for the regulating of Spiritual and Ecclesiastical matters and unto whom the same doth of right belong according to the Laws of the Realm of England And first King Henry being restored to his Headship or Supremacy call
seemed best never advising with the Parliament but upon the post-fact and in most cases not at all And first for Doctrinals there was but little done in K. Henries time but that which was acted by the Clergy onely in their Convocation and so commended to the people by the Kings sole Authority the matter being never brought within the cognizance of the two Houses of Parliament For in the year 1536. being the year in which the Popes Authority was for ever banished there were some Articles agreed on in the Convocation and represented to the King under the hands of the Bishops Abbots Priors and inferior Clergy usually called unto those Meetings the Original whereof being in Sr Robert Cotton's Library I have often seen Which being approved of by the King were forthwith published under the Title of Articles devised by the Kings Highness to stable Christian quietness and unity amongst the people In which it is to be observed First that those Articles make mention of Sacraments onely that is to say of Baptisme Penance and the Sacrament of the Altar And secondly That in the Declaration of the Doctrine of Iustification Images honouring of the Saiuts departed as also concerning many of the Ceremonies and the fire of Purgatory they differ'd very much from those Opinions which had been formerly received in the Church of Rome as you may partly see by that Extract of them which occurs in Fox his Acts and Monuments Vol. 2. fol. 1246. For the confirming of which book and recommending it to the use of the people His Majesty was pleased in the Injunctions of the year 1536. to give command to all Deans Parsons Vicars and Curates so to open and declare in their Sermons and other Collacions the said Articles unto them which be under their Cure that they might plainly know and discern which of them be necessary to be believed and observed for their salvation and which dâ— onely concern the decent and politique Order of the Church And this he did upon this ground that the said Articles had been concluded and condescended upon by the Prelates and Clergy of the Realm in their Convocation as appeareth in the very words of the Injunction For which see Fox his Acts and Monuments fol. 1247. I find not any thing in Parliament which relates to this either to countenance the work or to require obedience and conformity from the hand of the people And to say truth neither the King nor Clergy did account it necessary but thought their own Authority sufficient to go through with it though certainly it was more necessary at that time then in any since The power and reputation of the Clergy being under foot the King scarce setled in the Supremacy so lately recognized unto him and therefore the Authority of the Parliament of more use then afterward in Times well ballanced and established 'T is true that in some other year of that Princes Reign we finde some use and mention of an Act of Parliament in matters which concerned Religion but it was onely in such Times when the hopes of Reformation were in the Wane and the Work went retroâ—â—â— For in the year 1539. being the 31. H. 8. When the Lord 〈◊〉 power began to decline and the King was in a necessity of complyance with His Neighbouring Princes there passed an Act of Parliament commonly called the statute of the six Articles or the Whip with six strings In which it was enacted That whosoever by word or writing should preach teach or publish that in the blessed Sacraments of the Altar under form of Bread and Wine there is not really the naturall body and bloud of our Saviour Iesus Christ conceived of the Virgin Mary or affirm otherwise thereof then was maintained and taught in the Church of Rome should be adjudged an Heretick and suffer death by burning and forfeit all his Lands and Goods as in case of High Treason Secondly That whosoever should teach or preach that the Communion of the blessed Sacrament in both kindes is necessary for the health of mans soul and ought to be maintained Thirdly Or that any man after the Order of Priesthood received might marry or contract Matrimony Fourthly Or that any woman which had vowed and professed chastity might contract Marriage Fifthly Or that private Masses were not lawful and laudable or agreeable to the Word of God Or sixthly That curicular Confession was not necessary and expedient to be used in the Church of God should suffer death and forfeit Lands and goods as a Fellon 31 H. 8. c. 14. The rigour of which terrible statute was shortly after mittigated in the said Kings Reign 32 H. 8. c. 10. and 35 H. 8. c. 5. and the whole statute absolutely repealed by Act of Parliament 1 E. 6. c. 12. But then it is to be observed first that this Parliament of K. H. 8. did not determine any thing in those six points of Doctrine which are therein recited but onely took upon them to devise a course for the suppressing of the contrary Opinions by adding by the secular Power the punishment of Death and forfeiture of Lands Goods unto the censures of the Church which were grown weak if not unvalid and consequently by degrees became neglected ever since the said K. Henry took the Headship on Him and exercised the same by a Lay Vicar General And secondly you must observe that it appeareth evidently by the Act it self that at the same time the King had called a Synod and Convocation of all the Archbishops Bishops and other learned men of the Clergy that the Articles were first deliberately and advisedly debated argued and reasoned by the said Archbishops Bishops and other learned men of the Clergy and their opinions in the same declared and made known before the matter came in Parliament And finally That being brought into the Parliament there was not any thing declared and passed as doctrinall but by the assent of the Lords Spiritual and other learned men of the Clergy as by the Act it self doth at large appear Finally Whatsoever may be drawn from thence can be only this That K. Hâ—n did make use of his Court of Parliament for the establishing and confirming of some points of Popery which seemed to be in danger of a Reformation And this compared with the statute of the 34 and 35 prohibiting the reading of the Bible by most sorts of people doth cleerly shew that the Parliaments of those times did rather hinder and retard the work of Reformation in some especial parts thereof than give any furtherance to the same But to proceed There was another point of Reformation begun in the Lord Câ—â—mwels time but not produced nor brought to perfection till after his decease and then too not without the Midwifery of an Act of Parliament For in the year 1537. the Bishops and others of the Clergy of the Convocation had composed a Book entituled The Institution of a Christian Man which being subscribed by all their
the esteem and reputation of the Church of Christ And this hath been a practice even as old as Wicklisse who in the time of K. R. 2. addressed his Petition to the Parliament as we read in Walsingham for the reformation of the Clergy the rooting out of many false and erroneous Tenents and for establishing of his own Doctrines who though he had some Wheat had more Tares by ods in the Church of England And lest he might be thought to have gone a way as dangerous and unjustifiable as it was strange and new he laid it down for a position That the Parliament or Temporal Lords where by the way this ascribes no authority or power at all to the House of Commons might lawfully examine and reform the Disorders and Corruptions of the Church and a discovery of the errors and corruptions of it devest her of all Tithes and Temporal endowments till she were reformed But for all this and more then this for all he was so strongly backâ—d by the Duke of Lancaster neither his Petition nor his Position found any welcome in the Parliament further then that it made them cast many a longing eye on the Churches paâ—rimony or produced any other effect towards the work of reformation which he chiefly aimed at then that it hath since served for a precedent to Penry Pryâ— and such like troublesome and unquiet spirits to disturb the Church and set on foot those dreams and dotages which otherwise they duâ—st not publish And to say truth as long as the Clergy were in power and had authority in Convocation to do what thâ—y would in matters which concerned Religion those of the Parliament conceived it neither safe nor fitting to intermeddle in such business as concerned the Clergy for fear of being questioned for it at the Churches Bar. But when that Power was lessened though it were not lost by the submission of the Clergy to K. H. 8. and by the Act of the Supremacy which ensued upon it then did the Parliaments begin to intrench upon the Churches Rights to offer at and entertain such businesses as formerly were held peculiar to the Clergy only next to dispute their charters and reverse their priviledges and finally to impose some hard Lawes upon them And of these notable incroachments Matthew Parker thus complains in the life of Cranmer Qua Ecclesiasticarum legum potestate abdicata populus in Parliamento coepit de rebus divinis inconsulto Clero Sancire tum al sâ—ntis Câ—eri privilegâ—a sensim deâ—rahere juâ—aâ—â— duriora quibus Clâ—rus invitus teneretur Constituere But these were only tentamenta offers and undertakings only and no more then so Neither the Parliaments of K Edward or Q. Elizabeths time knew what it was to make Committees for Religion or thought it fit that Vzzah should support the Aâ—k though he saw it tottering That was a work belonging to the Levites only none of the other Tribes were to meddle with it But as the â—uritan Faction grew more strong and active so they applyed themselves more openly to the Houses of Parliament but specially to the House of Commons pâ—tting all power into their hands as well in Ecclesiastical and spiritual Causes as in mattâ—rs Temporal This amongst others confidently affirmed by Mr. Pryn in the Epistle to his book called Anti-Arminianism where he aâ—ers That all our Bishops our Ministers our Sacraments our Consecration our Articles of Religion our Homilies Common-prayer Book yea and all the Religion of the Church is no other way publiquely received supported or established amongst us but by Acts of Parliament And this not only since the time of the Reformation but that Religion and Church affairs were determined ratified declared and ordered by Act of Parliament and no waies else even then when Popery and Church-men had the greaâ—â—◠〈◊〉 Which strange assertion falling from the pen of so great a 〈◊〉 was forthwith cheerfully received amongst our Pharisces who hoped to have the highest places not only in the Synagogue but the Court of Sanhedrim advancing the Authority of Parliaments to so high a pitch that by degrees they fastened on them both an infallibility of judgement and an â—mnipotency of power Nor can it be denied to deal truly with you but that they met with many apt scholars in that House who either out of a desire to bring all the grist to their own Mill or willing to enlarge the great power of Parliaments by making new precedents for Posterity or out of faction or affection or what else you please began to put their Rules in practise and draw all matters whatsoever within the cognizance of that Court In which their embracements were at last so general and that humour in the House so prevalent that one being once demanded what they did amongst them returned this answer That they were making a new Creed Another being heard to say That he could not be quiet in his conscience till the holy Text should be confirmed by an Act of theirs Which passages if they be not true and real as I have them from an honest hand I assure you they are bitter jests But this although indeed it be the sicknesse and disease of the present Times and little to the honour of the Court of Parliament can be no prejudice at all to the way and means of the Reformation amongst sober and discerning men the Doctrine of the Church being setled the Liturgy published and confirmed the Canâ—ns authorized and executed when no such humour was predominant nor no such power pretended to by both or either of the Houses of Parliament But here perhaps it will be said that we are fallen into Charybâ—is by avoiding Sâ—ylâ—a and that endevouring to stop the mouth of this Popish Calumny we have set open a wide gap to another no lesse scandalous of the Presbyterians who being as professed enemies of the Kings as the Popes Supremacy and noting that strong influence which the King hâ—â—h had in Ecclesiastical affairs since the first attempts for Reformation have charg'd it as reproachfully on the Church of England and the Religion here estâ—blished 〈…〉 and a Regal-Gospel But the Answer unto this is 〈◊〉 For first the Kings intended by the Objectors did not act much in order to the Reformation as appears by that which hath been said but either by the advice and cooperation of the whole Clergy of the Realm in their Convocations or by the Counsel and consent of the Bishops and most eminent Church-men in particular Conferences which made it properly the work of the Clergy only the Kings no otherwise then as it was propounded by him or finally confirmed by the Civil Sâ—nction And secondly had they done more in it then they did they had been warranted so to do by the Word of God who hath committed unto Kings and soveraign Princes a Supreme or supereminent power not only in all matters of a Temporal or secular nature but in such aâ— do concern Religion and the Church
but a Regular way Kings were not Kings if regulating the external parts of Gods publick worship according to the Platformes of the Primitive times should not be allowed them But yet the Kings of England had a further right as to this particular which is a power conferred upon them by the Clergy whether by way of Recognition or Concession I regard not hâ—re by which they did invest the King with a Supreme Auâ—hority not only of confirming their Synodical Acts not to be put in exâ—cution without his consent but in effect to devolve on him all that power which firmly they enjoyed in their own capacity And to this we have a paralled Case in the Roman Empire in which there had bâ—â—n once a time when the Supreme Majesty of the Sâ—ate was vested in the Senate and people of Rome till by the Law which they called Lex Regia they transferred all their Power on Caesar and the following Emperors Which Law being passed the Edicts of the Prince or Emperor was as strong and binding as the Senatus Consulta and the Plâ—bisâ—ita had been before Whence came that memorable Maxim in Iustinians Iustitutes that is to say Quod Principi placuerit legis habet vigâ—rem The like may be affirmâ—d of the Church of England immediately before and in the reign of K. Henry 8. The Clergy of this Realm had a Self-authority in all matters which concerned Religion and by their Canons and Determinations did binde all the subjects of what rank soever till by acknowledging that King for their supreme Head and by the Act of submission not long after follâ—wing they transferred that power upon the King and on his Successoâ—s By doâ—ng wherâ—of they did not only diâ—able themselves from concluding any thing in their Convocations or puâ—ting â—heir results into execution without his conâ—ent but put him into the actual pâ—ssession of that Authoriâ—y which properly beâ—onged to the supremacy or the supreme Head in as â—ull manner as 〈◊〉 the Pâ—pe of Rome or any dâ—lâ—gated by and under him did before enjoy it After which 〈◊〉 whatsoever the King or his Successors did in the Râ—formâ—tion as it had vertually the power of the Convocations so was it as effectual and goâ—d in law as if the Clergy in their Câ—nvocation particularly and in terminis had agreed upon it Not that the King or his Successors were hereby enabled to exercise the Kâ—iâ—s and determine Heresies much lesse to 〈◊〉 the Word â—nd administer the Sacramentâ— as the Papists â—alsly gave it out but as the Heads of the Ecclesiastical Body of this Realm to see that all the members of that Body 〈◊〉 perform their duties to rectifie what was found amisse amongst them to preserve peace between them on emergent differences to reform such errors and corruptions as are expresly contrary to the word of God and finally to give strength and motions to their Councels and Determinations tending to Edification and increase of Piety And though in most of their proceedingâ— toward Reformation the Kiâ—gs advised with such Bishops as they had about them or could assâ—mble without any great trouble or inconvenience to advise witâ—all yet was there no necâ—ssity that all or the greatest partâ— of the Bishops should be drawn together for that purpose no more then it was anciently in the Primitive Times for the godly Emperors to câ—ll together the most part of the Bishops in the Roman Empire for the â—stâ—blishing of the matters which comâ—erned the Church or for the godly Kings of Iudah to call together the greatest part of the Priests and Levites before they acted any thing in the Reformation of those corruptions and abuses which were crâ—pt in amongst them Which being so and then withâ—â—l considering as we ought to do that there was nothing aâ—tered here in the state of Râ—ligion till either the whole Clergy in their 〈…〉 the Bâ—shops and most eminent Church-men had resolved upon it our Religion is no more to be called a Regal then a Parliament-Gospel 6 That the Clergy lost not any of their just Rights by the Act of Submission and the pâ—wer of calling and confirming Councels did anciently belong to the Christian Princes If you conceive that by ascribing to the King the Supreme Authority taking him for their Supreme Head and by the Act of Submission which ensued upon it the Clergy did unwittingly ensnare themselves and drew a Vasâ—allage on these of the times succeeding inconsistent with their native Rights and contrary to the usage of the Primitive Church I hope it will be no hard matter to remove that scruple It 's true the Clergy in their Convocation can do nothing now but as their doings are confirmed by the Kings authority and I conceive it stands with reason as well as point of State that it should be so For since the two Houses of Parliament though called by the Kings Writ can conclude nothing which may binde either King or Subject in their Civil Rights untill it be made good by the Royal Assent so neither is it â—it nor safe that the Clergy should be able by their Constitutions and Synodical Acts to conclude both Prince and People in spiritual matters untill the stamp of Royal Authority be imprinted on them The Kings concurrence in this case devesteth not the Clergy of any lawful power which they ought to have but restrains them only in the exercise of some part thereof to make it more agreeable to Monarchical Government to accommodate it to the benefit both of Prince and People It 's true the Clergy of this Realm can neither meet in Convocation nor conclude any thing therein nor put in execution any thing which they have concluded but as they are enabled by the Kings authority But then it is as true withall that this is neither inconsistent with their native Rights nor contrary unto the usage of the Primitive Times And first it is not inconsistent with their native Rights it being a peculiar happinesse of the Church of England to be alwaies under the protection of Christian Kings by whose encouragement and example the Gospel was received in all parts of this Kingdome And iâ— you look into Sir Henry Spleman's Collection of the Saxon Councels I believe that you will hardly finde any Ecclesiastical Canons for the Government of the Church of England which were not either originally promulgated or after approved and allowed of either by the Supreme Monarch of all the Saxons or by some King or other of the several 〈◊〉 directing in their National or Provincial Synods And they enjoyed this Prerogative without any dispute after the Norman Conquest also till by degrees the Pope ingrossed it to himself as before was shewn and then conferred it upon such as were to exercise the same under his authority which plainly manifests that the Act of Suâ—mission so much spoke of was but a changing of their dependance from the Pope to the King from an usurped to a lawful power from one
to whom they had made themselves a kinde of voluntary slaves to him who justly challenged a natural dominion over them and secondly that that submission of theirs to their natural Prince is not to be considered as a new Concessiâ—n but as the Râ—cognition only of a former power In the next place I do not finde it to be contraâ—y to the usage of the primitive times I grant indeed that when the Church was under the command of the Heathen Emperorâ— the Clergy did assemble in their National and Provincial Synods of their own Authority which Councels being summoned by the Metropolitans and subscribed by the Clergy were of sufficient power to binde all good Christians who lived within the Verge of their Jurisdiction They could not else assemble upon any exigence of affaiâ—s but by such authority But it was otherwise when the Church came under the protection of Christian Princes all Emperors and Kings from Constantine the Great till the Pope carried all before him in the darker times accompting it one of the principal flowers as indeed it was which adorned their Dâ—adems I am not willing to beat â—n a common place But if you please to look into the Acts of ancient Councels you will finde that all the General Councels all which deserve to be so called if any of them do deserve it to have been summoned and confirmed by the Christian Emperors that the Câ—uncel of Arles was called and confirmed by the Emperor Constantine that of Sardis by Constans that of Lampsacus by Valentinian that of Aquiâ—eia by Theodosius that of Theâ—â—alâ—nica National or Provincial all by the Emperor Gratian that when the Western Empire fell into the hands of the French the Councels of Aâ—on Mentâ— Meldâ—n Wormes and Colen received both life and motion â—â—om Charles the Great and his Successors in that Empâ—re it being evident in the Records of the Gallican Church that the opening and confirming of all their Councels not only under the Caroline but under the Merovignean Family was alwaies by the power sometimes with the Presidence of their Kings and Princes as you may finde in the Collections of Lindebrogius and Sirmondus the Iesuite and finally that in Spain it self though now so much obnoxious to the Papal power the two at Bracara and the ten first holden at Toledo were summoned by the Writ and Mandate of the Kings thereof Or if you be not willing to take this pains I shall put you to a shorter and an easier search referring you for your better information in this particular to the learned Sermon preached by Bishop Andrewes at Hampton Court anno 1606. touching the Right and power of calling Assemblies or the right use of the Trumpets A Sermon preached purposely at that time and place for giving satisfaction in that point to Melvin and some leading men of the Scotish Puritans who of late times had arrogated to themselves an unlimited power of calling and constituting their Assemblies without the Kings consâ—nt and against his will As for the Vassallage which the Clergy are supposed to have drawn upon themselves by this Submission I see no fear or danger of it as long as the two Houses of Parliament are in like condition and that the Kings of England are so tender of their own Prerogative as not to suffer any one Body of the Subjects to give a Law unto the other without his consent That which is most insisted on for the proof hereof is the delegating of this power by King Henry the 8. to Sir Thomas Cromwell afterwards Earl of Essex and Lord high Chamberlain by the name of his Vicar General in Ecclesiastical matters who by that name pâ—esided in the Convocation anno 1536. and acted other things of like nature in the years next following And this especially his presiding in the Convocation is looked on both by Sanders and some Protestant Doctors not only as a great debasing of the English Clergie men very learned for those times but as deforme satis Spectacuâ—um a kâ—nde of Monstrosity in nature But certainly those men forget though I do not think my self bound to justifie all King Harrâ—es actions that in the Councell of Chaâ—â—â—don the Emperor apointed certain Noble-men to â—it as Judges whose names occurre in the first Action of that Councell The like we finde exemplified in the Ephesine Councell in which by the appointment of Theodâ—sius and Valentinian then Roman Empâ—rours Candidianus a Count Imperiall â—ate as Judge oâ— President who in the managing of that trust over acted any thing that Cromwell did or is objected to have been done by him as the Kings Commissioner For that he was to have the first place in those publick meetings as the Kings Commissioner or his Vicar-General which you will for I will neither trouble my self nor you with disputing Titles the very Scottish Presbyters the most rigid sticklers for their own pretended and but pretended Rights which the world affords do not stick to yeeld No vaâ—â—allage of the Clergy to be â—ound in this as little to be feared by their submission to the King as their Supreme Governour Thus Sir according to my promise and your expectation have I collected my Remembrances and represented them unto you in as good a fashion as my other troublesome affairs and the distractions of the time would give me leave and therein made you see 〈◊〉 my judgement fail not that neither our King or Parliaments have done more in matters which concern'd Religion and the Reformation of this Church then what hath formerly been done by the secular Powers in the best and happiest times of Christianity and consequently that the clamours of the Papists and Puritans both which have disturbed you are both false and groundlesse Which if it may be serviceable to your self or others whom the like doubts and prejudices have possessed or scrupled It is all I wish my studies and endevours aiming at no other end then to do all the service I can possibly to the Church of God to whose Graces and divine Protection you are most heartily commended in our Lord and Saviour Iesus Christ By Sir Your most affectionate friend to serve you Peter Heylyn
like to him of York also within the Sphere or Verge of his Jurisdiction Secondly that the nominating of the time and place for this Assembly was left to the Arch Bishops pleasure as seemed best unto him though for the most part and with reference unto themselves the other Pâ—elates who were bound to attend the service of the King in Parliament they caused these Meetings to be held at the time and place at and to which the Parliament was or had been called by the Kings Authority Thirdly That from the word Convocari used in the Writ the Synodical meetings of the Clergy were named Convocations And fourthly That the Clergy thus assembled in Convocation had not only a power of treating on and consenting unto such things as should be there propounded on the Kings behalf but a power also of concluding or not concluding on the same as they saw occasion Not that they were restrained only to such points as the King propounded or were proposed in his behalf to their câ—nsideration bâ—t that they were to handle to his businesse with their own wherein they had full power when once met together In the next place we must behold what the Archbishop did in pursuance of the Kings command for calling of the Clergy of his Province to a Convâ—cation who on the receipt of the Kings Writ presently issued out his Mandate to the Bâ—shâ—p of London Dâ—an by his placâ— of the whole Colledge of Bishops of that Province â—equiring him immediately on the sight hereof and of the 〈…〉 and included in it to cite and summon all the Bishops and other Prelates Deans Arch-Deacons and capitular Bodies with the whole Clergy of that Province that they the said Bishops Deans Arch-Deacons in their own persons the Capitular Bodies by one Procurator and the Clergy of each Diocess by two do appear before him at the time and place by him appointed and that those Procurators should be furnished with sufficient powers by those which sent them not only to treat upon such points as 〈…〉 England and to give their counsel in the same sed ad consentiendum â—is quae ibidem ex comâ—unâ— delibeâ—aâ—ione ad honorem Dei Ecclesiae in praemissis contigerint concorditer ordinari but also to consent both in their own names and in the names of those who sent them unto all such things as by mature deliberation and consent should be there ordained Which Mandate being received by the Bishop of London the several Bishops cited accordingly and intimaâ—ion given by those Bishops uâ—to their Arch-Deacons for summoning the Clergy to make choice of their Procurators as also the Chapters or capitular Bodies to do the like The next work is to proceed to the choice of those Procurators Which choice being made the said Chapters under their common seals and the said Clergy in a publick Writing subscribed by them do bind themselves sub Hypotheca omnium bonorum suorum under the pawn and forfeiture of all their goods moveable and immoveable I speak the very words of these publick Instruments se ratum graâ—um accepâ—um habere quicquid dicti Procuratores sui nomine vice suis fecerint c. To stand to and perform whatsoever their said Procurators in their name and stead shall do determine and consent to The like is also done in the Province of York but that the Arch-B. thereof sends out the summons in his own name to the suffragan Bishâ—ps the Province being small and the Suffragans not above three in number Finally as the Convocations of the Clergy in their several Provinces were called by the Arch-Bishops only the Kings Writ thereunto requiring and authorizing so by the same powers were they also dissolved again when they had done the business they were called about or did desire to be dismissed to their own affairs At which time by special Writ or Mandates to the said Arch-Bishops expressing the calling and assembling of the Convocation by veâ—tue of the former Precâ—pt it is declared That on certain urgent causes and considerations moving his Majesty thereunto he thought fit with the advice of his privie Councel that the same should be again dissolved Et ideo vobis mandamus quod eandem praesentem Convocationem hac instanti die debito modâ— sine ulla dilatione dissolvatis sive dissolvi faciatis prout convenit and therefore did command them to dissolve it or cause the same to be dissolved in the accustomed manner without delay Which Writ received and not before the Convocation was dissolved accordingly and so it holds in Law and practise to this very day I have the longer staid on these publick Formes partly because not obvious unto every eye but specially to let you see by what Authority the Clergy are to be assembled in their Convocations and what it is which makes their Canons and Conclusions binding unto all those which send them thither or intrust them there Their calling by the Kings Authority makes their meeting lawful which else were liable to exceptions and disputes in Law and possibly might render them obnoxious to some grievous penalties and so would their continuance too after the writ was issued for their Dissolution As on the contrary their breaking or dissolving of their own accord would make them guilty of contempt and consequently subject to the Kings displeasure for being called by the Kings Writ they are to continue till dissolved by the Kings Writ also notwithstanding the dissolving of the Parliament with which sometimes it might be summoned And so it was resolved in terminis by the chief â—udges of the Realm and others of his Mâ—jesties Counsel learned May 10. anno 1640. at such time as the Convocations did continue sitting the Parliament being most unhappily dissolved on the Tuesday before subscribed by Finch Lord Keeper of the Great Seal Manchester then Lord privy Seal Littleton chief â—ustice of the Common-pleaâ— Banâ—es Atturney General Whitfield and Heath his Majesties Sergeants Authority enough for the poor Clergy to proceed on though much condemned and maligned for obedience to it Now as they have the Kings Authority not only for their Meeting but continuance also so also have they all the power of the whole National Clergy of England to make good whatsoever they conclude upon the Arch-Bishops Deans Arch-Deacons acting in their own capacities the Procurators in the naâ—e and by the power committed to them both by the Chapters or capitular Bodies and the Diocesâ—n Clergy of both Provinces And this they did by vertue of that power and trust alone without any ratification or confirmation from King of Parliament untill the 25 year of King Henry the 8. At which time they bound themselves by a Synodical Act whereof more hereafter not to enact promulge or â—xecute any Canons Constitutions or Ordinances Provincial in their Câ—nvocations for time coming unlesse the Kingâ— Highness by his Royal Assent command them to make promulge and execute the same accordingly Before this time
they acted absolutely in their Convocations of their own Authority the Kingâ— Assent neither concurring nor required and by this sole Authority which they had in themselves they did not only make Canons declare Heresie convict and censure persons suspected of Heresie in which the subjects of all sorts whose Votes were tacitely included in the suffrages of their Pastors spiâ—itual Fathers were concerned alike But also to conclude the Clergy whom they represented in the point of Property imposing on them what they pleased and levying it by Canons of their own enacting And they enjoyed this power to the very day in which they tendred the submission which before we spake of For by this self-authority if I may so call it they imposed and levied that great Subsidie of 120000 l. an infinite sum as the Standard of the Times then was granted unto King Henry the 8. anno 1530. to free them from the fear and danger of the Praemuniâ—i By this Benefit of the Chapter called Similiter in the old Provincial extended formerly to the University of Oxon only was made communicable the same year unto Cambridge also By this Crome Latimer Bilney and divers others were in the year next following impeached of Heresie By this the Will and Testament of William Tracie of Toddington was condemned as scandalous and heretical and his body taken up and burnt not many daies before the passing of the Act of Submission anno 1532. But this power being thought too great or inconsistent at least with the Kings Design touching his divorce the Clergy were reduced unto such a straight by the degrees and steps which you find in the following Section as to submit their power unto that of the King and to promise in verbo sacerdotii that they would do and enact nothing in their Convocations without his consent And to the gaining of this point he was pressed the rather in regard of a Remonstrance then presented to Him by the House of Commons in which they shewed themselves aggrieved that the Clergy of this Realm should act Authoritatively and supremely in the Convocations and they in Parliament do nothing but as it was confirmed and ratified by the Royal Assent Which notwithstanding though this Submission brought down the Convocation to the same Level with the Houses of Parliament yet being made unto the King in his single person and not as in conjunction with his Houses of Parliament it neither brought the Convocation under the command of Parliaments nor rendred them obnoxious to the power thereof That which they did in former times of their self-authority in matters which concerned the Church without the Kings consent co-operating and concurring with them the same they did and might do in the Times succeeding the Kings Authority and Consent being superadded without the help and midwifery of an Act of Parliament though sometimes that Authority was made use of also for binding of the subject under Temporal and Legal penalties to yeeld obedience and conformity to the Churches Orders Which being the true state of the present businesse it makes the clamour of the Papists the more unreasonable but then withall it makes it the more easily answered Temporal punishments inflicted on the refractory and disobedient in â—Temporal Court may adde some strength unto the Decrees and Constitutions of the Church but they take none from it Or if they did the Religion of the Church of Rome the whole Mass of Popery as it was received and setled hâ—â—e in Qu. Marios Reign would have a sorâ—y câ—utch â—o stand upon and might as justly bear the name of a Parliament Faith as the reformed Religion of the Church of England It is true indeed that had those Convocations which were active in that Reformation being either call'd or summoned by the King in Parliament or by the Houses separately or 〈◊〉 without the King or had the Members of the same been nominated and impoâ—â—ered by the Hous alone and intermixt with a considerable number of the Lordâ— and Commons which being by the way the Case of this New Assembly I do not see how any thing which they agree on 〈…〉 the Clergy otherwise then imposed by a strong hand and against their priviledgeâ— Or finally had the conclusions or results thereof been oâ— no effect but as reported to 〈◊〉 confirmed in Parliament the Papists might have had some ground for so gross a câ—uâ—nny in calling the Religion which is now est bâ—ithâ—d by the name of a Parliament Religion and a Parliament Gâ—spel But so it is not in the Câ—se which is now before us the said â—ubmissiâ—n notwithstâ—nding For being the Convocation is still called by the same Authority as before it was the Members of that Body 〈◊〉 stilâ— the sâ—me priviledge with the same freedom of debate and determination and which is more the Pâ—ocurdtors of the Clergy invested with the same power and trust which before they had there was no alteration made by the said 〈◊〉 in the whole constitution and composure of it but onely the addition of a greater and more excellent power Nor was there any thing done here in that Reformation but either by the Clergy in their Convocations and in their Convocations rightly câ—lled and canonically constituted or with the councel and advice oâ— the Heads thereof in more private conferences the Parliaments of these Times contributing very little towards iâ— but acquieâ—cing in the Wiâ—dome of the Sovereign Prince and in the piety and zeal of the Ghostly Fathers This is the Ground work or Foundâ—â—ion of the following building It is now time I should proceed to the Superstructures beginning first with the Election of the Pope and vesting the Supremacie in the Regal Crown 2 Of the Ejection of the Pope and vesting the Supremacy in the Regall Crown ANd first beginning with the Ejection of the Pope and his Authority that led the way unto the Reformation of Religion which did after follow It was first voted and decreed in the Convocation before ever it became the subject of an Act of Parliament For in the Year 1530. 22 Hen. 8. the Clergy being caught in a premunire were willing to redeeâ— their danger by a sum of money and to that end the Clergy of the Province of Canterbury bestowed upon the King the sum of 100000 lâ— to be paid by equal portions in the same Year following but the King would not so be satisfied unless they would acknowledge him for the supream Head on earth for the Church of England which though it was hard meat and would not easily down amongst them yet it passed at last For being throughly debated in a Synodical way both in the upper and lower Houses of Convocation they did in fine agree upon this expression Cujus Ecclesiâ—e 〈…〉 To this they al consented and subscribed their hands and afterwards incorporated it into the publike Act or Instrument which was presented to the King in the Name of his Clergy for the redeeming of their errour and the grant
of their money which as it doth at large appear in the Records and Acts of the Convocation so it is touched upon in a Historical way in the Antiq. Britan. Mason de Minist. Anglic. and other Authors by whom it also doth appear that what was thus concluded on by the Clergy of the Province of Canterbury was also ratified and confirmed by the Convocation of the Province of York according to the usual custom save that they did not buy their pardon at so dear a râ—te This was the Leading Card to the Game that followed For on this ground were built the Statutes prohibiting all Appeales to Rome and for determining all Ecclesiastical suits and controversies within the Kingdoms 24 H. 8. c 12. That for the manner of electing and conseâ—rating of Arch-Bishops and Bishops 25 H. 8. c. 2â— and the prohibiting the payment of all Impositions to the Court of Rome and for obtaining all such dispensations from the See of Canterbury which formerly were procured from the Popes of Rome 25. H. 8. c. 21. Which last is built expresly upon this foundations That the King is the onely supream Head of the Church of England and was so recognized by the Prelates and Clergy representing the said Church in their Convocation And on the veâ—y same foundation was the Statute raised 26 H. 8. c. 1. wherein the King is declared to be the supream Head of the Church of England and to have 〈…〉 which were annexed unto that Title as by the Act it self doth at full appear Which Act being made I speak it from the Act it self onely for corroboration and confirmation of that which had been done in the Convocation did afterwards draw on the Statute for the Tenths and first fruiâ—s as the point incident to the Headship or supream Authority â—6 H. 8. c. 3. The second step to the Ejection of the Pope was the submission of the Clergy to the said King Henry whom they had recognizanced for their supream Head And this was first concluded on in the Convocation before it was proposed or agitated in the Houses of Parliament and was commended onely to the care of the Parliament that it might have the force of a Law by a civil Sanction The whole debaâ—e with all the traverses and emergent difficulties which appeared therein are specified at large in the Records of 〈◊〉 Anno 1532. But being you have not opportunity to consult those Records I shall prove it by the Act of Parliament called commonly The Act of submission of the Clergy but bearing this Title in the Abridgment of the Statutes set out by Poulton That the Clerâ—y in their Convocations shall enact no constitutions without the Kings assent In which it is premised for granted that the Clergy of the Realm of England had not onely acknowledged according to the Truth that the Convocation of the same Clergy is alwayes hath been and ought to be assembled alwayes by the Kings Writ but also submitting themselves to the Kings Majesty had prâ—mised in verbo Saceâ—dotis That they would never from henceforth presum to attempt allcadge claim or put in ure enact promulge or execute any new Canons Constitutions Ordinances provincial or other or by whatsoever other name they shall be called in the Convocation unless the Kings most Royal Assent may to them be had to make promulge and execute the same and that his Majesty do give his most Royall Assent and Authority in that behalf Upon which ground-work of the Clergies the Parliament shortly after built this superstructure to the same effect viz. That none of the said Clergy from thenceforth should presume to attempt alleadge claâ—m or put inâ—ure any Constitutions or Ordinances Provincial or Synodals or any other Canons nor shall enact promulge or execute any such Canonâ— Constitutions or Ordinances Provincâ—sâ— by whatsoever name or names they may be called in their Convocations in time coming which alwayes shall be assembled by the Kings Writ unless the same Clergy may have the Kings in st Royal Assent and Licence to make promulge and execute such Canons Constitutions and Ordinances Provincial or Synodical upon pain of every one of the said Clergy doing the contrary to this Act and thereof convicted to suffer imprisonment and make fine at the Kings Will 25 H. 8. c. 19. So that the statute in effect is no more then this an Act to binde the Clergy to perform their promise to keep them fast unto their word for the time to come that no new Canon should be made in the times succeeding in the favour of the Pope or by his Authority or to the diminution of the Kings Râ—yal Preâ—ogative or contrary to the Iuwes and statutes of this Realm of England at many Papal Constitutions were in the former Ages Which statute I desire you to take notice of because it is the Rule and Measure of the Churches power in making Canons Constitutions or whatsoever else you shall please to call them in their Convocations The third and small Act conducing to the Popes Ejection was an Act of Parliament 28. H. 8. c. 10. entitâ—led An Act exâ—inguishing the 〈◊〉 of the Bishop of Rome By which it was enacted That if any person should extoll the Authority of the Bishop of Rome he should incur the penalty of a praeminire that every Officer both Ecclesiastical and Lay should be sworn to renounce the said Bishop and his Authority and to resist it to his power and to repute any Oath formerly taken in maintenance of the said Bishop or his Authority to be void and finally that the refusal of the said Oath should bejudged High Treason But this was also usher'd in by the determination first and after by the practice of all the Clergy For in the year 1534 which was two yeares before the passing of this Act the King had sent this Proposition to be agitated in both Vniversities and in the greatest and most famous Monasteries of the kingdom that is to say 〈…〉 Romans dejure competat plusquam alii cujamque Episcoâ—o extero By whom it was determined Negatively that the Bishop of Rome had no more power of right in the Kingdom of England than any other forreign Bishop Which being testified and returned under the hands and seales respectively the Originals whereof are still remaining in the Library of Sr Robert Cotton was a good preamble to the Bishops and the rest of the Clergy assembled in their Convocation to conclude the like And so accordingly they did and made an Instrument thereof subscribed by the hands of all the Bishops and others of the Clergy and afterwards confirmed the same by their corporal Oaths The copies of which Oaths and Instrument you shal finde in Foxes Acts and Monuments Vol. 2. fol. 1203. and fol. 1210 1211. of the Edition of Iohn Day Anno 1570. And this was semblably the ground of a following statute 35 H. 8. c. 1. wherein another Oath was devised and ratified to be imposed upon the Subject for
in the present business but impose that Form upon the people which by the learned religious Clergy-men whom the K. appointed thereunto was agreed upon and made it penal unto such as either should deprave the same or neglect to use it And thus doth Poulton no mean Lawyer understand the Statute who therfore gives no other title to it in his Abridgement published in the year 1612 than this The penalty for not using uniformity of Service and Ministration of the Sacrament So then the making of one uniform Order of celebrating divine Service was the work of the Clergy the making of the Penalties was the work of the Parliament Where let me tell you by the way that the men who were employed in this weighty business whose names deserve to be continued in perpetual memory were Thomas Cranmer Archbishop of Canterbury George Day Bishop of Chichester Thomas Goodrich B. of Ely and Lord Chancellour Iohn Ship Bishop of Hereford Henry Holbâ—rt Bishop of Lincoln Nicholâ—s Ridley Bishop of Rochester translated afterwards to London Thomas Thirleby B. of Westminster Doctor May Dâ—an of S. Pauls Dr Taylor then Dean afterwards Bp of Lincoln Dr Haines Dean of Exeter Dr Robertson afterwards Dean of Durham Dr Redman Master of Trinity Colledge in Cambridge and Dr Coke then Alâ—ner to the King afterward Dean of Westminster and at last Bp of Ely men famous in their generations and the honour of the Age they lived in And so much for the first Liturgy of King Edwards Reign in which you see how little was done by authority or power of Parliament so little that if it had been less it had been just nothing But some exceptions being taken against the Liturgy by some of the preciser sort at home and by Calvin abroad the book was brought under a review and though it had been framed at first if the Parliament which said so erred not by the â—yd of the Holy Ghost himself yet to comply with the curiosity of the Ministers and mistakes of the people rather then for any other weighty cause As the Statute 5 and 6 Ed. 6. cap. 1. it was thought expedient by the King with the assent of the Lords and Commons in Parliament assembled that the said Order of Common Service should be faithfully and godly perused explained and made fully perfect Perused and explained by whom Why questionless by those who made it or else by those if they were not the same men who were appointed by the King to draw up and compose a Form of Ordination for the use of the Church And this Assent of theirs for it was no more was the onely part that was ever acted by the Parliament in matter of this present nature save that a Statute passed in the former Parliament 3 and 4 Ed. 6. c. 12. unto this effect that such form and manner of making and consecrating Archb. Bi-shops Priests Deacons and other Ministers of the Church which before I spake of as by sixe Prelates and sixe other men of this Realm learned in Gods lawes by the King to be appointed and assigned shall be devised to that purpose and set forth under the great Seal shall be lawfully used and exercised and none other Where note that the King onely was to nominate and appoint the men the Bishops and other learned men were to make the Book and that the Parliament in a blinde obedience or at the least upon a charitable confidence in the integrity of the men so nominated did confirm that Book before any of their Members had ever seen it though afterwards indeed in the following Parliament this Book together with the book of Common-prayer so printed and explained obtained a more formal confirmation as to the use thereof throughout the Kingdom but in no other respect for which see the Statute 5 and 6 Ed. 6. c. 1. As for the time of Qu. Elizabeth when the Common prayer book now in use being the same almost with the last of King Edward was to be brought again into the Church from whence it was cast out in Queen Maries Reign it was commited to the care of some learned men that is to say to M Whitehead once Chaplain to Queen Anne Bullen Dr Parker after Archbishop of Canterbury Dr Grindal after bishop of London Dr Cox after Bishop of Ely Dr Pilkington after Bishop of Durham Dr May Dean of Saint Pauls Dr Bill Provost of Eaton after Dean of Westminster and Sr Tho Smith By whom being altered in some few passages which the Statute points to 1 Eliz. c. 21. it was presented to the Parliament and by the Parliament received and established without more 〈…〉 troubling any Committee of both or â—ither Houses to consider of it for ought appears in their Records All that the Parliament did in it being to put it into the condition in which it stood before in King Edwards Reign partly by repealing the Repeal of King Edw. Statuteâ— made in the first of Q. Mary c. 2. and partly by the adding of some farther penalties on such as did deprave the book or neglect to use it or wilfully did absent themselves from their Parish-Churches And for the Alterations made in King Iames his time bâ—ing small in the Rubrick onely and for the additions of the Thanksgivings at the end of the Letany the Prayer for the Queen and the Royal Issue and the Doctrine of the Sacraments at the end of the Catechisiâ—e which were not in the book before they were never referred unto the Parliament but were done onely by aâ—thority of the Kings Commission and stand in force by vertue onely of His Proclamation which you may finde before the book the charge of buying the said book so explained and altered being laid upon the several and respective Parishes by no other Authority than that of the eightieth Canon made in Convocation Anno 1603. The like may also be affirmed of the Foâ—mes of prayer for the Inauguration day of our Kings and Queens the Prayer-books for the fifth of November and the fifth of August and those which have been used in all publike Fasts All which without the help of Paâ—liaments have been composed by the Bishops and imposed by the King Now unto this discourse of the Forms of Worship I shall subjoyn a word or two of the times of Worship that is to say the Holy dayes observed in the Church of England and so observed that they do owe that observation chiefly to the Church â— power For whereas it was found in the former times that the number â—f the holy dayes was grown so great that they became a burthen to the common people and a great hinderance to the thrist and manufactures of the Kingdom there was a Canon made in the Convocation An. 1536. for cutting off of many superstitious and supeâ—fluous Holy dayes and the reducing them into the number in which they now stâ—nd save that St Gâ—orge's day and Maâ—y Magdalens day and all the Festivals of the blessed Virgin
singing-men to sing them and prescribed Vestments also to thesâ—singing-men by no other power then the regal only None of the Priâ—sts consulted in iâ— for ought yet appears The like authority was â—xercised and enjoyed by the Christian Emperors not only in their calling Councels and many times assisting at them or presiding in them by themselves or their Deputies or Commissioners but also in confirming the Acts thereof He that consults the Câ—de and 〈◊〉 in the Civil Lawes will finde the best Princes to have been most active in things which did concern Religion in regulating matters of the Church and setting out their Imperial Edicts for suppressing of Hereticks Quid Imâ—eratori cum Ecclesia What hath the Emperor to dâ— in matters which concern the Church is one of the chief Brand marks which Optatus sets upon the Donatists And though some Christians of the East have in the way of scorn had the name of Melchites men of the Kings Religion as the word doth intimate bâ—cause they adhered unto those Doctrines which the Emperors agreeable to former Councels had confirmed and ratified yet the best was that none but Sectaries and Hereticks put that name upon them Neither the men nor the Religion was a â—ot the worse Nor did they only deal in matters of Exterior Order but even in Doctrinals matters intrinsecal to the Faith for which their Enoticon set out by the Emperor Zeno for setling differences in Religion may be proof sufficiâ—nâ—â— The like authority was exercised and enjoyed by Charles the Great when he attained the Western Empire as the Capitulaâ—s published in hiâ— Name and in the names of his Successors do most clearly evidence and not much lesse enjoyed and practisâ—d by the Kings of England in the elder Times though more obnoxious to the power of the Pope of Rome by reason of his Apostleship if I may so call it the Christian Faith being first preached unto the English Saxons by such as he employed in that holy Work The instanceâ— whereof dispersed in several places of our English Histories and other Monuments and Records which concern this Church are handsomely summed up together by Sir Edward Coke in the fift part of his Reports if I well remember but I am sure in Cawdâ—ies Case entituled De Iure Regis Ecclesiastico And though Parsons the Iesuite in his Answer unto that Report hath took much pains to vindicate the Popes Supremacy in this Kingdome from the first planting of the Gospel among the Saxons yet all he hath effected by it proves no more thâ—n this That the Popes by permission of some weak Princes did exercise a kinde of concurrent jurisdiction here with the Kings themselves but came not to the full and entire Supremacy till they had brought all other Kings and Princes of the Western Empire nay even the Emperors themselves under their command So that when the Supremacy was recognized by the Clergy in their Convocationâ—o K. H. 8. it was only the restoring of him to his proper and original power invaded by the Popes of these later Ages though possiâ—ly the Title of Supreme Head seemed to have somewhat in it of an 〈◊〉 At which Title when the Papists generally and Calvin in his Comment on the Prophet Amos did seem to be much scandalizâ—d it was with much wisdome changed by Q. Elizabeth into that of Supreme Governour which is still in use And when that also would not down with some queasie stomachs the Queen her self by her Injunctions published in the first year of her Reign and the Clergy in their Book of Articles agreed upon in Convocation about five years aâ—ter did declare and signifie That there was no authority in sâ—cred matters contained under that Title but that only Prerogative which had bâ—en given alwaies to all godly Princes in holy Scriptuâ—es by God himself that iâ— That they should rule all Estates and degrees committâ—d to their change by God whether they be Ecclesiastical or Temporal and to restrain with the Civil Sword the stubborn and evil dâ—ers as also to exclude thereby the Bishop of Rome from having any jurisdiction in the Realm of England Artic. 37. Lay this unto the rest before and tell me if you câ—n what hath been acted by the Kings of England in the Reformation of Religion but what is warranted unto them by the practise and example of the most godly Kings of Iewry seconded by the most godly Emperorâ— in the Christian Church and by the usage also of their own Predecessors in this Kingdome till Papal Usurpation carried all before it And being that all the Popes pretended to in this Realm was but Usurpation it was no wrong to take that from him which he had no right to and to restore it at the last to the proper Owner Neither Prescription on the one side nor discontinuance on the other change the case at all that noted Maxim of our Lawyers that no prescriptionâ—indes the King or Nullum tempus occurrit Regi as their own words are being as good against the Pope as against the Subject This leads me to the second part of this Dispute the dispossessing of the Pope of that supreme Power so long enjoyed and exercised in this Realm by his Predecessors To which we say that though the pretensions of the Pope were antient yet they were not Primitive and therefore we may answer in our Saviours words Ab initio non â—uit sic it was not so from the beginning For it is evident enough in the course of story that the Pope neither claimed nor exercised any such Supermacy within this Kingdome in the first Ages of this Church nor in many after till by gaining from the King the 〈◊〉 of Bishops under Henry the â— the exemption of the Clergy from the Courts of Justice â—nder Henry the 2. and the submission of King Iohn to the See of Rome they found themselves of strength sufficient to make good their Plea And though by the like artifices seconded by some Texts of Scripture which the ignorance of those times incouraged them to abuse as they pleased they had attained the like Supremacy in France Spain and Germany and all the Churches of the West yet his incroachmâ—nts werâ— opposed and his authority disputed upon all occasions especially aâ— the light of Letters did begin to shine Insomuch as it was not only determined essentially in the Councel of Constance one of the Imperial Cities of High Germany that the Councel was above the Pope and his Authority much 〈◊〉 by the Pragmatick Sanction which thence took beginning but Gerson the learned Chancellor of Paris wrote a full discourse entituled De auferibilitate Papae â—ouching the totall abrogating of the Papall Office which certainly he had never done in case the Papall Office had been found â—ssential and of intrinsecal concernment to the Church of Christ According to the Position of that learned man the greatest Princes in these times did look upon the Pope and the Papall power
as an Excâ—escence at the best in the body mystical subject and fit to be pared off as occasion served though on self-ends Reasons of State and to serve their several turnâ— by him as their needs required they did and do permit him to continue in his former greatnesse For Lewis the 11. King of France in a Councel of his own Bishops held at Lions cited Pope Iulius the 2. to appear before him and Laâ—strech Governour of Millaine under Francis the 1. conceived the Popes authority to be so unnecessary yea even in Italy it self that taking a displeasure against Leo the 10. he outed him of all his jurisdiction within that Dukedome anno 1528. and so disposed of all Ecclesiasticall affairs ut praefecto sacris Bigorrano Episcâ—po omnia sine Romani Pontificis autoritate adminâ—strarentur as Thuanuâ— hath it that the Church there was supremely governed by the Bishop of Bigorre a Bishop of the Church of France without the intermedling of the Pope at all The like we finde to have been done about six years after by Charleâ— the fift Emperor and King of Spain who being no lesse displeased with Pope Clement the 7. abolished the Papall power and jurisdiction out of all the Churches of his Kingdomes in Spain Which though it held but for a while till the breach was closed yet left he an example by it as my Aâ—thor noteth Ecclesiasticam disciplinam citra Romani nominis autoritatem posse conservari that there was no necessity of a Pope at all And when K Henry the 8. following these examples had banished the Popes authority out of his Dominions Religion still remaâ—ning here as before it did he Popeâ—Supremacy not being at that time an Article of the Christian Faith as it haâ—h since been made by Pope Pius the 4. that Act of his was much commended by most knowing men in that without more alteration in the face of the Church Romanae sedis exuisset obsequium saith the Author of the Tridentine History he had â—reed himself and all his subjects from so great a Vassaâ—lage Now as K. Henry the 8. was not the first Christian Pâ—ince who did de facto abrogate the Popes authority so was he not the last that thought it might be abrogated if occasion were For to say nothing of King Edward the 6. and Queen Elizabeth two of hiâ— Successoâ—s who followed his example in it we finde it to have been resolved on by K. Henry the 4. of France who questionlesse had made the Archbishop of Bouâ—ges the Patriarch of the Gallicane Church and totally withâ—rawn it from acknowledging of the authority of the See of Rome had not Pope Clement the 8. much against his will by the continual solicitations of Cardinal D' Ossat admittâ—d him to a formal Reconciliation on his last falling off to popery How neeâ— the Signeury of Venice was to have done the like anno 1608. the History of the Interdict or of the Quarrelâ— betwixt that State and Pope Paul the 5. doth most plainly shew This makes it evident that in the judgement and esteem of most Christian Pâ—inces in other things of the Religion of the Church of Rome the Popes Supremacy was looked upon as an incroachment and therefore might be abrogated upon betâ—â—◠〈…〉 been admitted in their several Kingdomeâ— By consâ—quence the doing of it here in England neither so injurious or unjust as your Zelots make it 2. That the Church of England might proceed to a Reformation without the Approbation of the Popâ— or Church of Rome But here you say it will be replied that though the Pope 〈◊〉 not conâ—idâ—reâ— aâ— the 〈…〉 of the Church with reference wherâ—unto his super eminent jurisdiction was disputed in the former times yet it cannot be denied with reason but that he is the Patriarch of these Wâ—stern Churches and the Apostle in particular of the English Nation In these respects no Reformation of the Church to be made without him especially considering that the Church of England at that time was a Member of the Church of Rome and therefore to act nothing in that kinde but by consent of the whole according to that known Maxim of the Schools Turpis est pars ea quâ—e toti suâ— non cohaereâ—t This though it be a Triple Cord will be easily broken For first the Pâ—pe is not the Patriarch of the West One of the Patriâ—â—â—â— of the Wâ—st we shall easily grant him but that he is the Patriarch we will by no means yeeld To tell you why we dare not yeeld it I must put you in minde of these particulars 1. That all Bishops in respect of their Office or Episcopality are of equall power whether they be of Rome or Rhegium of Constantinople or Engubium of Alexaâ—dria or of Tanais as S. Hierom hath it Potnâ—ia divitiarum paupertatis humilitas vel sublimiorem vel inâ—eriorem â—piscopum non faciâ— A plentiful Revenue and a sorry Competency makes not saith he one Bishop higher then another in regard of his office though possibly of more esteem and reputation in the eyes of men 2. That in respect to Polity and external order the Bishops antienâ—ly were disposed of into Sub et supra according to the Platform of the Roman Empire agreeable to the good old Rule which we finde mentioned though not made in the general Councel of Chalcâ—don that is to say {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} c. The 〈…〉 Civil State 3. That the Româ—n Empire was divided anâ—iently into 14 Juridical Circuitâ— which they called Diocesses reckoning the Praefecture oâ—Rome for one of the number six of the which that is to say the Diocessâ—s of Italie Africk Spain Britain Gaul and Illyricum occidentale besides the Pâ—aefecture of the City were under the command of the Western Emperoâ—s after the Empire was divided into East and West 4. That in the Pâ—aefecture of the City of Rome were contained no more than the Provinces of Latium Tuscia Picenum 〈…〉 and Lucania in the main land of Italy tâ—gether with the Islands of Sicilie Corsica and Sardinia 5. That every Province having sâ—veral Cities there was agreeable to this model a Bishop placâ—d in every City a Metropolitan in the chief City of each Province who had a superintendence over all the Bishops and in each Diocesse a Primate ruling in chief over the Metropolitans of the several Provinces And 6. though at fiâ—st only the three Primates or Arch-bishops of Rome Antioch and Alâ—xandria commonly and in vulgar speech had the name of Patriarchs by reason of the wealth and greatnâ—sse of those Cities the greatest of the Roman Eâ—pire and the chief of Europe Asia and Africa to which the Bishops of Hierusalem and 〈◊〉 were after added yet were they all of â—qual power amâ—ng themselveâ— and shined with as full a splendor in their proper Orbes as any of the Popes then did in the Sphere of Rome receiving all their light from the Sun of righteousnesse not borrowing it
from one another for which the so much celebrated Canon of the Nâ—cene Councel may may be proâ—f suâ—â—icient If not the Edicts of Iusâ—inian shall come in to help by which it was decreed that all Appeals in point of grievance should lie from the Bishop to the Metropolitan and from the Metropolitans unto the Primates the Patriarchs as he cals them of the several Diocessâ—s By which accompt it doth appear that the Patriarchâ—te of Rome was anâ—iently confined within the Praefecture of that City in which respect as the Provinces subject to the Pope were by Ruffinus called Regiones Suburbicariae or the City Provinces so was the Pope himself called Vrbicus or the City-Bishop by Optatus Aâ—er To prove this point more plâ—inly by particular instances I shall take leave to travel over the Western Diocesses to seâ— what marks of Independence we can finde among them such as dissenting in opinion from the Church of Rome or adhering unto different ceremonies and formes of worship or otherwise standing in defence of their own authority And first the Diocesse of Italy though under the Popes nose as we use to say was under the command of the Archbishop of Millaine as the Primate of it which City is therefore called by Athanasius {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} the Metropolis or chief City oâ—Italy The Saturdaies fast observed at Rome and not at Millaine Quando Romae sum jejuno Sabbato quum hic sum non jejuno Sabbato as S. Ambrose hath it shewes clearly that the one had no dâ—pendence upon the other And yet the diffâ—rence of Divine Offices or Formes of worship is a more pregnant proof then this the Churches of Millain officiating for many ages by a Liturgie which S. Ambrose had a special hand in they of the Patriarchate of Rome following the old Roman Missals not fully finished and compleated till the time of Pope Gregory Whence the distinction of Ecclesiae Ambrosianae Ecclesiae Gregorianae extant in Bonaventure and others of the writers of the later times Crosse we the Seas unto the Diocesse of Africk governed in chief by the Pâ—imate or Archbishop of Carthage and there we finde S. Cyprian determining against Pope Stephen in the then controverted case of Rebaptization and calling him in his Epistle of Pompeius an obstinate and presumptuous man and a fauter of Hereticks no very great tokens of subjection if you mark it well The error of his judgement in the point debated I regard not here but I am sure that in defence of his authority and jurisdiction he was right enough and therein strongly seconded by the African Church opposing the incroachments of Zosimus Boniface and Celestine succeeding one another in the Roman Patrâ—archaâ—e prohibiting all appeals to Rome in the Councels of Milevis and Carthage and finally â—xcommunicating Lupicinus for appealing to Pope Leo the first contrary to the rites and liberties of the African Church Next for the Diocesse of Spain I look upon the Musarabick Liturgie composed by Isidore Archbishop of Sevil and universally received in all the Churches of that Continent 〈…〉 as the Amâ—rosian Office was in the Church of Mâ—llain the Roman or Gregorian Missal not being used in all this Countrey till the year 1083. At which time one Bernard a Frenchman and a great stickler in behalf of the Roman Ceremonies being made Archbishop of Toledo by practising with Alfonso the then King of Castile first introduced the Roman Missall into some of the Churches of that City and after by degrees into all the rest of those Kingdomes soon after the Chuâ—ches of France the greatest and most noble part of the Gallick Diocesse they were originally under the authority of the Bishop of Lions as their proper Primate not owing any suiâ— of sâ—rvice to the Court of Rome but standing on their own Basis and acting all 〈…〉 did The freedome wherewith Iâ—enaeuâ— the renowned 〈◊〉 of that City reproved the rashnesse of Pope Victor in the Case of Easter not well becoming an inferiâ—r Bishop to the Supreme Pastor shewes plainly that they stood on even ground and had no advantage of each other in respect of sub supra as Logicians say notwithstanding that more powerful Principality potentior principalitas as the Latin hath it which Irenaeus did allow him over those at home But a more evident proof of this there can hardly be then those large libâ—rties and freedomes which the Church Gallican doth at this time enjoy the remainders past all doubt of those antient rights which under their own Patriarch they were first possessed of not suffering the Decrees of the Councel of Trent that great supporter of the Popâ—dome to take place amongst them but as insensiâ—ly and by the practises of some Bishopâ— they were introduced cuâ—bing the Popes exorbitant power by the pragmatick Sanction and by the frequent Judgements and Arrests of Parliament insomuch â—s a Book of Cardinal 〈◊〉 tending to the advancement of the Papall Monarchy and another writ by Becanus the Iesuiteâ—ntiâ—uled Controvâ—rsia Anglicana in maintenance of the Popes supremacy weâ—e suppâ—essed and cenâ—uâ—ed anno 1612. Another writ by â—aspâ—r Schioppius to the same effect but with â—ar lesse modesty being at the same time burnt by the hands of the Hangman Finally for the Churches of the Diocesse of Britain those of Illyricum lying too far off to be brought in here they had their own Primate also the Archbishop of York and under him two Metropolitâ—nâ— the Bishops of London and Caer-leon And for a character of their Freedome or self subsistence they had four different customes from the Church of Rome as in the Tonsure and the keeping of the Feast of Easter wherein they followed the Tradition of the Eastern Churches So firm withall in their obedience to their own Primate the Archbishop of Caâ—r-leon on Vsh the only Archbishop of three which before they had that they would by no means yeeld subâ—ection unto Augustine the Monk the first Archbishop of the English though he came armed amongst them with the Popes authority Nor would they afterwards submit unto his successors though backed by the authority of the Kings of England acknowledging no other Primate but the Bishop of St. Davids to which the Metropolitan See was then translated untill the time of Henry the 2. when the greatest part of South Wales and the City of S. Davids it self was in possession of the English These were the Patriarchs or Primates of the Western Churches and by these Primates the Church was either governed singly but withall supremely in their several Diocesses taking the word Diocese in the former notion or in conjunction each with other by their letters of advice and intercourse which they called Literas Formatas and Communicatorias You see by this that though the Pope was one of the Western Patriarchs yet was he not originally and by primitive Instiâ—ution either the Patriarch of the West that is to say not the only one nor could pretend