direct Scriptures and fundamentall Truths never formerly questioned They nullifie and slight Examples of the Old Testament in all things that make against them and yet cry them up againe when they make for them especially in the point of their Church Covenant which they confesse hath no ground at all in the New Testament but onely in the Jewish Church under the Old Which yet they will not admit a sufficient Proofe of a Nationall Church Seventhly They intricate gain-say things which are cleare take things for granted that are either false or doubtfull confound things in generalities which they should distinguish deny things that are apparently true yea which is worst of any not only affirming but beleeving most things with a reserve according to their present light to the posture of their present Judgement as they are yet informed with a liberty of altering or varying to morrow from what they affirme or beleeve to day upon new light discovered Which is in truth to bring a meere Skepticisme into Religion to play fast and loose with God and our owne Consciences to doubt all things firmely beleeve nothing to set up Opinion in the Throne and Place of Faith and in conclusion to introduce flat Atheisme Eightly They refuse Church-Communion with those who are not of their Way and Churches excluding them from the Lords Table and their very Children from Baptisme in their Churches if they submit not to their Covenant and Way judging them all professed Enemies to the Kingdome and Government of Christ and so visibly without the Covenant of Grace though never so Pious or Religious Ninthly Their very Principles teach disobedience to Parliaments Synods Princes Magistrates and all other Superiors in all their just Lawes and Commands which concerne the Church or Religion dissolve all Relations all Subordinations and humane Society it selfe as I have here fully manifested Tenthly They exceedingly magnifie their owne Way Ministers Writers Opinions Conceits despising and under-valuing all others in a kind of Pharisaicall manner not deeming them worthy their Church-Communion Eleventhly They have high conceits of their owne transcendent holinesse and under pretext of being more pious pure living more holily and serving God more exactly than others they doe without sufficient Grounds quite sever from all other Churches just like Popish Monkes Hermites Anchorites Nunnes Jesuites and other Religious Orders who separate themselves from others under this very pretence of being more holy and living more devout than others Twelfthly They pretend themselves the greatest Enemies of all others to Papists Arminians Anabaptists Socinians Sectaries and yet concurre with them in their Opinions Practices Policies fighting against us with their very weapons Of all which I thought good to advertise thee kind Reader lest thy good opinion of the Piety and dignity of their Persons worthy all due honour and respect should make thee swallow downe their dangerous Principles and Opinions without strict examination Whereas good mens Errors are most infectious pernicious and so more carefully to be observed avoyded How farre they have swerved from Verity and Antiquity in sundry Particulars how fallacious and weake their principle Proofes and Arguments are I have here in part discovered and shall in due time if God say Amen put a Period to the other Part which is yet behinde In the mean time beseeching God to prosper these my impotent Endeavours to thine and the publike good which I have principally published for the satisfaction of the Learned and such who most seduce the Ignorant I shall dismisse thee with this wholesome Councell of God himselfe Ephes 4. 14 15 16. Henceforth be no more Children tossed to and fro and carried about with every wind of Doctrine by the sleight of men and cunning craftinesse whereby they lye in wait to deceive But speaking the truth in love grow up into him in all things which is the Head even Christ From whom the whole Body fitly joyned together and compacted by that which every joynt supplieth according to the effectuall working in the measure of every part maketh increase of the Body unto the edifying of it selfe in love Farewell Errata Faults escaped in some Copies pag. 5. lin 14. read Regis p. 22. l. 24. Constitutions r. Consistories p. 25. l. 21. premissis p. 61. l. 12. actaque p. 65. l. 32. necesse l. 34. receptat r. refrixerat l. 46. dele to p. 69. l. 5. Turlstan p. 75. l. 31. inhibit l. 34. resist desist p. 85. l. 22. the. p. 26. l. 31. ch 1. p. 101. l. 1. servus l. 12. universa p. 108. l. 9. issue p. 169. informe p. 116. l. 36. Ministers masters p. 120. l. 9. 35. l. 24. with his his owne p. 135. l. 45. clear p. 131. l. 22. Fourthly Fifthly l. 31. Foure Five Margin p. 66. l. 21. 22. r. Incarnationis Anno. p. 119. l. 1. Rom. 13. 1. p. 124. l. 3. 11. r. 18. Truth triumphing over Falshood Antiquity over Novelty c. AS it is an unspeakable griefe and corrosive to my very soule to enter into publike contestations with any of my Christian brethren who professe the selfe-same faith together with me so it would be a far greater heart-breaking and much sorer affliction to my spirit to behold upstart groundlesse Errours triumphantly insulting over ancient orthodox Verities and dragging them captives after their domineering chariots This makes me once more take up the Sword and Buckler not of Polemicall School-divinity but Historicall Antiquity to encounter those Adverse forces which have taken up offensive armes and waged open warre in many new-printed Pamphlets against the lawfull Jurisdiction and soveraign authority of Christian Princes Magistrates Parliaments assisted with the advice of Reverend Synods and Councels in matters of Religion church-government Ecclesiasticall Lawes Canons Discipline all which through Gods assistance I hope totally to rout and dissipate in such sort that they shall never be able to make head againe by this short suddain onset which I have yet neither vacancy nor time sufficient through the multitude of other publike avocations to prosecute to the full I shall marshall my subitane collections of this nature under distinct Positive propositions which I shall propound and prosecute in order Sect. 1. Of the power of summoning Councels and Synods 1 FIrst I affirm that the right and authority of calling or summoning Ecclesiasticall Assemblies Councells Synods whether Generall Nationall or Provinciall to settle matters of Religion Worship Church-government or constitute Ecclesiasticall Lawes belongs not to Bishops Ministers or private Independent Congregations but to Princes or supreme temporall Magistrates and Powers This Proposition militating both against Papists Brownists Anabaptists and some Independents I shall ratifie by Scripture and historicall presidents in all ages as well forraigne as domestick with brevitie and perspicuitie 1. For Scripture-presidents and Authorities we have Precepts to and Presidents of Moses the prime civill-Magistrate among the Israelites Num. 10. â— 3 4. c. 8. 9. c. 20. 8 10. Exod. 35. 1 4.
second at Rheemes the third at Towers the fourth at Cavailon the fift at Arelat The third Councell at Aquesgran was summoned providentissimo et jussu salutifero of King Pipin as were the two former by the wholsom command and most provident direction of his Father Lewis The Councels of Meaux and Medardum by the consent and command of Charles the son of Lewis The Councell of Valentia by the Emperor Lotharius his command ex jussione praefati Principis reverendissimi trium provinciarum Episcopi in unum collecti residissent The Synod of Ticinum and the Councell of Wormes An. 868. were congregated by the Emperor Lewis the second The Synod of Colen Anno 887. by Charles the third his consent The Councell of Ments Anno 888. and of Triburby Arnulphus the Emperor The Councel of Ferrara by John Paleologus The Provinciall Synod of Augusta Anno 1548. by the Emperor Charles the fift Cui hanc Synodorum congregandarum facultatem veluti olim Constantino Imperatori totius â—â—re orbis acceptam ferunt saith Otho the Popes own Legate To these I might accumulate the Synod at Tholetum Anno 525. congregated by the command of Richard King of the Wisi-Gothes The Synod at Rome Anno 773. cited thither by Charles the great to whom Pope Adrian and that whole Synod consisting of 154. religious Bishops and Abbots gave the right of chusing the Pope and ordaining the Apostolicall See with sundry others yea most of the Councels that I have met with in Surius Binius Crab Merlin Photius Carranza Syrmond Bochellus Spelman Cresconius Fulgentius Ferrandus and other collectors of Councels and Synods have bin alwaies usually called by Emperors and Christian Princes That being most true which the Code of the Liberties of the French Church affirmes That most christian Kings in allages have been accustomed according to the state of things hapning in their Realmes to call Synods and provinciall or Nationall Councels for the ordering of Ecclesiasticall affaires as the forecited presidents with infinite other testifie the forequoted Councels Fathers Popes Historians together with St. Hierom and Pope Gregory the great resolve Most false impudently arrogant then are the assertions of Pope Marcellus Iulius Pelagius Gregory and Symmacus if Gratian misreports not their positions as likewise of Gratian the Canonists Iesuits and Popish Parasites who all sticke not to publish without shame or feare That the power of calling generall nationall and provinciall Councels belongs properly to the Apostolicall See of Rome That regularly no Synod ought to be called without the Popes authority That it is no Councell but a Conventicle which is summoned without his authority And that all Councels without his authority presence in person or by his Legates and ratification are meerly voyd and invalid Parodoxes which all the premises and the constant practise of all ages places sufficiently confute yea and some learned Papists to Nicolaus Cufanus determines the quite contrary in these very termes The authority of a Councell doth not so depend of him by whom it was summoned that unles it be summoned by the Pope it can be no Councell for so we should avoyd all the first eight generall Councels For wee read they were summoned by Emperors not by Popes And the Pope of Rome like other Patriarcks received the Emperors Majesties sacred commandements to come or send to Councels If the Pope be negligent or if hee say nay the Emperour may by his own authority summon Councels by way of command to stay the wavering State of the Church Hence we have one conclusion that in generall Councels and making Lawes the Bishop of Rome hath no such power as certain flatterers give him Thus this learned Cardinall Aeneas Sylvius afterwards Pope Pius the second is as point-blanck as he From these authorities writes he they thinke themselves wonderfully armed who deny that Councels can be kept without the Popes consent whose judgement if it should stand as they woul have it would draw the ruine of the Church with it For what remedy shall there be if a criminous Pope should disturbe the Church if he should destroy soules if he should pervert the people with his ill example if finally he should teach things contrary to faith and should fill his subjects with haereticall Doctrines Should we suffer all things to go to ruine with him But I whiles I read over ancient Histories while I consider the Acts of the Apostles do not verily finde this custome that Popes onely should call Councels Neither afterwards in the time of Constantine the great and of other Emperors when Councels should be called there was no great account made of the Popes consent Durandus De Concilio celebrando Parisiis 1545. Tit. 1 2. Franciscus Zabarella Cardinall of Florence de Schismate Concilio p. 542 543 544 Theodoricus a Niem de Schismate c. 3. 5. 7. p. 154. confesse and teach that it belongs to the Emperors to call Councels The Code of the Liberties of the French Church saith directly Although generall Councels ought not to be called or kept without the Pope nor any thing to be decreed and concluded in them but by his authority by the Ecclesiastical rule made by Popes themselves yet notwithstanding in the French Church it hath been ever resolved that the Pope is not thought to bee above a generall Councell but is bound to keep its Decrees Statutes Precepts no lesse than the people of the Church which is the Spouse of our Lord Iesus Christ and which is especially presented by the Councel Yea William Ranchin a famous French Lawyer though a Papist in his Review of the Councell of Trent l. 1. c. 8. l. 3. c. 1. to 14. and l. 4. c. 1 2 c. not only avers but copiously and irrefragably manifests by pregnant evidences that Generall Nationall Provinciall Councels Synods in all Christian Nations Kingdoms Republikes have alwayes been constantly summoned by Emperors Kings and christian Princes and that neither the Pope nor any Prelates or Ecclesiasticall persons whatsoever have any lawfull power or authority to call them unlesse it be by the speciall licence and authority of Kings and Emperours first obtained The like is maintained and proved at large by Marsilius patavinus Defensoris Pacis pars 2. c. 21. to 27. Rabanus Maurus de Universo l 5. c. 7. Ioannis Marius de Schismate et Conciliis pars 2. c. 1. to 19. p. 507 508. by Carolus Molinaeus in his learned praeface to his Commentary on the Edict of King Henry the second of France Contra parvas Datas et Abusus Curiae Romanae p. 14. to 27. by the resolutions of divers French Councels Synods and Edicts of Parliament cited by Laurentius Bochellus Decreta Eccles Gal. l. 5. Tit. 20. cap. 17. 19 20 21. 29. 33 34 35. 38 39. 41. 43 44 45 46. by the Code of the Liberty of the French Church
And when in the first times of Christs Church Prelates used this power 't was therefore onely because in those dayes they had no Christian Kings And it was then so onely used as in times of persecution that is with supposition is case it were required of submitting their very lives unto the very laws and commands even of those pagan Princes that they might not so muchas seem to disturb their civil Government which Christ came to confirm but by no meanes to undermine CHARLES by the Grace of GOD c. Now for asmuch as the said Lord Arch-bishop of Canterbury President of the said Convocation for the province of Canterbury and the said Arch-bishop of Yorke President of the said Convocation for the Province of Yorke and others the said Bishops Deans Arch-deacons Chapters and Colleges with the rest of the Clergie having met together respectively at the time and places before mentioned respectively and then and there by vertue of Our said authority granted unto them treated of concluded and agreed upon certaine Canons Orders Ordinances and Constitutions to the end and purpose by Vs limited and prescribed unto them have thereupon offered and presented the same unto Vs most humbly desiring Vs to give our Royall assent unto the same according to form of a certain Statute or Act of Parliament made in that behalfe in the 25th yeer of the Reign of King Henry the eighth and by Our said Prerogative Royall and Supream authority in Causes Ecclesiasticall to ratifie by Our Letters Patents under Our great Seal of England and to confirm the same The Title and Tenour of them being word for word as ensueth Wee of Our Princely inclination and Royall care for the maintenance of the present Estate and government of the Church of England by the Lawes of this Our Realme now setled and established having diligently with great contentment and comfort read and considered of all these their said Canons Orders Ordinances and Constitutions agreed upon as is before expressed And finding the same such as Wee are perswaded will be very profitable not only to Our Clergy but to the whole Church of this Our Kingdome and to all the true Members of it if they be well observed Have therefore for Vs. Our Heires and lawfull Successours of Our especiall grace certaine knowledge and meere motion given and by thâ—se presents doe give Our Royall Assent according to the forme of the said Statute or Act of Parliament aforesaid to all and every of the said Canons Orders Ordinances and constitutions and to all and every thing in them contained as they are before written And furthermore We do not onely by our said Prerogative Royall and supreme Authority in Causes Ecclesiasticall ratifie confirme and establish by these Our Letters Patents the said Canons Ordinances and Constitutions and all and every thing in them contained as is aforesaid but do likewise propound publish and straightly injoyne and command by Our said Authority and by these Our Letters Patents the same to be diligently observed executed and equally kept by all Our loving Subjects of this Our Kingdome both within the Provinces of Canterbury and Yorke in all points wherein they do or may concerne every or any of them according to this Our will and pleasure hereby signified and expressed And that likewise for the better observation of them every Minister by what name or title soever he be called shall in the Parish Church or Chappell where he hath charge read all the said Canons Orders Ordinances and Constitutions at all such times and in such manner as is prescribed in the said Canons or any of them The Booke of the said Canons to be provided at the charge of the Parish betwixt this and the Feast of S. Michael the Arch-angell next ensuing straightly charging and commanding all Archbishops Bishops and all other that exercise any Ecclesiasticall jurisdiction within this Realme every man in his place to see and procure so much as in them lyeth all and every of the same Canons Orders Ordinances and Constitutions to be in all points duly observed not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same as they tender the honour of God the peace of the Church the tranquillity of the Kingdome and their duties and service to Vs their King and Soveraigne In witnesse whereof We have caused these Our Letters to be made Patents Witnesse Our Selfe at Westminster the thirtieth day of Iune in the sixteenth yeare of Our Reigne By all these Patents with others of like nature directed to all our Convocations by our Kings in former and latter times by Our present Parliaments manner of calling limiting directing our present Assembly of Divines in all particulars of their proceedings and debates appointing some eminent Members of both Houses to sit and consult together with them and to certifie all their results and determinations to them to be considered rectified rejected or approved by both Houses as they in their wisdomes shall see cause and by the fore-cited premises it is most apparent that the Arch-bishops Bishops Clergy and Convocation of England assembled Synodically together much lesse then any particular Independent Minister or Congregation notwithstanding all their late printed vaunts of their Ecclesiasticall soveraigne Iurisdiction by divine right and power to prescribe and enjoyne Visitation-Oaths Articles new Rites and Ceremonies of their owne Inventions both unto Ministers and people which they seconded with their practice to the insufferable grievance and oppression of the people are so farre from having any lawfull right power and authority to make prescribe any Ecclesiasticall Injunctions Canons Lawes Rites Ceremonies or forme of Government to any of his Majesties Subjects that though they be lawfully assembled together in a Provinciall or Nationall Synod by the Kings owne Writ or Parliaments command yet they cannot legally or of right so much as treat debate consult of any Ecclesiasticall affaires without a speciall licence first obtained from the King or Parliament and then only of such generals or particulars as they shall prescribe them much lesse compile enact promulge impose or execute any Ecclesiasticall Canons Lawes Injunctions Ordinances Oaths without their speciall approbation and ratification of them by their speciall Letters Patents under the great Seale and by Act of Parliament too as hath been lately resolved by unanimous consent of both Houses in the case of the condemned new booke of Canons The like I have proved of the Bishops Clergie Councels in other Christian Empires and Kingdomes Where then is that immense Episcopall jurisdiction authority preheminence superiority power in point of dominion over and beyond that of ordinary Ministers which our Lordly Prelats lately so much boasted of and pleaded for as due unto them by no lesse then divine institution if we may beleeve them not by the Grace Patents Grants or connivence of Christian Princes Let these swelling ambitious Grandees
to abate this windy tumour consider with themselves that all their greatnesses piled together in a generall or Nationall Synod though steepled with the Popes owne Chaire and three-forked Miter cannot so much as treat of debate dispute determine any Church-affaires much lesse constitute or promulge any new Ecclesiasticall Lawes Canons Articles Ceremonies Rites c. without the previous licence and permission of those temporall Princes and Powers that summon them nor yet exercise any manner of Ecclesiasticall jurisdiction whatsoever more then the poorest Vicar and Curate breathing that is a Minister lawfully ordained without the Kings Letters Patents or Commission authorizing them which erected their Bishopricks Diocesse and Episcopall jurisdiction at the first and must still support them else they will fall to utter ruine and then all their pretended claimes and crackt title of jus divinum with all Independents Anabaptists Brownists Anti-monarchicall Anti-parliamentall fancies concerning the jurisdiction and authority of their Independent Congregations opposite to the premises will vanish into ayre If any deeme the premised power of Christian Princes and Civill Magistrates in limiting Synods and Councels thus to be derogatorie to the lawfull authority of Bishops Ministers Synods or Independent Churches Ianswer that it is not so forthese ensuing reasons First because the chiefe care of preserving the purity of Gods Worship Ordinances Religion the Churches peace prosperity and of suppressing all heresies errours schismes corruptions superstitions contrary thereunto is committed to Christian Princes and supreme temporall Magistrates both by the Lawes of God the constant acknowledgment use practice constitutions lawes canons of all Christian Empires Kingdomes Councels Synods in all ages and the Coronation-Oaths of all Emperours Kings Princes in the Christian World which oblige them to discharge this trust as the subsequent Sections will abundantly manifest Therefore the power of directing Synods Councels in debating matters of controversie making Lawes Canons c. concerning all or any of the premises and the confirming of them ought principally to belong to them Secondly because Christian Emperours Kings Princes are the supreme heads and Governours under Christ in and over all Ecclesiasticall persons Assemblies Synods Councels Churches within their owne Dominions as well as temporall and our Kings of England are declared to be such by severall Acts of Parliament by the Oaths of supremacy and Allegeance which all ought to take within their respective Dominions Therefore they ought of right to direct and order all manner of proceedings in such Ecclesiasticall Assemblies Synods it being the duty and just right of every Naturall and Politicke head to direct the members as of the head of the family to regulate and direct the family wife c. by way of authority or jurisdiction not they the head Thirdly because the Bishops and Clergy of our owne and other Realmes have no Legislative power or other Ecclesiasticall authority vested in them by the Word of God but onely to preach the Word administer the Sacraments and to binde or loose mens sinnes declaratively by preaching or applying the Gospel to them according as they finde them penitent or obstinate in their sinfull courses and no more of other Ecclesiasticall jurisdiction then what is derived to them by our Kings and the Lawes of this our Realme as is resolved in these expresse termes by the Statute of 37. H. 8. c. 17. The Arch-bishops Bishops Arch-deacons and other Ecclesiasticall persons of this Realme have no manner of Iurisdiction Ecclesiasticall but by under and from the Kings royall Majestie the onely and undoubtea supreme head of the Church of England and Ireland to whom by holy Scripture all authority and power is wholly given to heare and determine all manner of causes Ecclesiasticall and to correct all vice and sinne whatsoever and to such persons as his Majestie shall appoint thereunto And by the Statute of 1. Ed. 6. c. 2. in these words That all jurisdiction spirituall is derived and deducted from the Kings Majestie to all Bishops and Ecclesiasticall persons within England and Ireland as supreme head of these Churches and Realmes of England and Ireland and so instly acknowledged by the Clergie of the said Realmes and that all Courts Ecclesiasticall within the said two Realmes be kept by no other power or authority either forraigne or within the Realme but by the authority of his most Excellent Majesty whereupon it enacts That all their Processe shall issue out under the Kings Seale and in his Name and Stile as in Writs originall and judiciall at the common Law with which sundry other Acts of Parliament concurre Now the Kings and Lawes of this our Realme have given the Clergie assembled in Councels Synods and Convocations no other but such a limited power and authority as is expressed in the fore-cited Statutes of 25. H. 3. c. 19. 27. H. 8. c. 15. and mentioned in the premises Therefore they neither can challenge nor pretend to claime any other but such a limited and confined authority the rather because they are assembled to such meetings as our Assembly is now onely as advisers and assistants not as Judges or Law-givers Therefore the keeping of them to the fore-mentioned limits can neither be an infringement or eclipsing of their just priviledges or Christian liberty Fourthly because every particular Christian is to try the spirits doctrines and determinations of Ministers by the Scriptures whether they are of God or not and to beware yea judge of false Teachers doctrines and no wayes to receive them as the Marginall Texts abundantly evidence and all Orthodox Divines assert Much more then are Christian Princes the chief Defenders of the Christian faith to judge and determine of them therefore to give particular directions to and in all Synods Councels how to proceed and what to treat of for suppressing false Teachers Heresies Schisms Errours advancing Religion Truth unity and sincerity of Gods Worship within their territories and Churches Fifthly because every soule as well Bishops Ministers and all other Ecclesiasticall persons as temporall subjects is and ought to be subject to Christian Princes and the highest temporall powers who are to provide for their spirituall as well as their temporall welfare Therefore they ought to be regulated and directed by them when assembled by their Writs in Councels or Synods for their spirituall good SECT 3. Of Confirming Ratifying the Canons Decrees and Resolutions of Councells Synods by Christian Princes Peers Parliaments before they become valid or obligatory Of the Presence and Power of Christian Princes Nobles and other Lay-men in Councells That many or most Councells Synods in ancient and latter times especially in England were in truth meere Parliaments wherein Christian Princes Nobles Senators and Lay-men met and voted as well as Bishops and other Ecclesiasticall persons And that no Canons Lawes Articles concerning Gods Worship Religion Church-Government Ceremonies were ever lawfully prescribed or imposed on any Subjects of our Realme but
Common State before all controversies of Religion and causes Ecclesiasticall had beene concluded King Canute in his Parliament holden at Winchester upon Christmas day after sundry Lawes and Orders made touching the faith the keeping of holy Dayes publike prayers learning of the Lords Prayer receiving of the Communion thrice in the yeare the manner and forme of Baptisme fasting and other like matters of Religion in the end thereof saith thus Iam sequitur institutum Legum secularium Now followeth an Order for temporall Lawes Thirdly we see that the Godly Catholique Princes in old times thought is their duty before all other offices of the Common weale first to determine matters of Religion and that even BY THE PARLIAMENTS OF THIS REALME In a Parliament holden by King William the Conquerer it is written thus The King for as much as he is the Vicar of the highest King is therefore appointed for this purpose that he should Rule and defend the Kingdome and People of the Lord and above all things the holy Church c. Hereby it appeareth that Kings and Princes are specially and of purpose appointed by God not only to defend but also to Governe and Rule the holy Churh How be it if any imperfection shall appeare in the former Parliaments we give God thankes for the same that is and trust that for his owne names sake he will confirme what he hath begun The hearts of Princes and determinations of Parliaments are in his hands If any thing want the arme of the Lord is not Shorted he is able to supply the same So our incomperable Iewell enough to satisfie and silence all our Opposites Thomas Bilson Warden and afterwards Bish of Winchester bringing in the Prelates and Iesuiâ—s objecting against our reformed Protestant Religion that it was brought in and ratified not by a Councell and Synod of the Clergy but by the Prince Queene Elizabeth and the Parliament who say they had no power to determine or deliberate of those matters returnes this answer May not the Prince command for truth within hee Realme except your consents be first required and hadâ— May not her Highnes serve Christ in making laws for Christ without your likeing Claime you this interest and prerogative that without you nothing shall be done in matters of Religion by the Laws of God or by the liberties of this Realme By the Lawes of the land you have no such priviledges Parliaments have beene kept by the King and his Barons the. Clergy wholy excluded and their Acts and statutes good And when the Bishops were present their votes from the Conquest to this day were never negative By Gods Law you have nothing to do with making Lawes of Kingdoms or Common wealthes You may teach you may not command persuasion is your part compulsion is the Princes If Princes imbrace the truth you must obey them If they pursue truth you must abide them By what authority then claim you this Dominion over Princes that their laws for Religion shall be voyde unles you consent seeing they are the maintainers establishers and upholders of the faith with publique power and positive Lawes which they and their Parliaments may make without a precedent councel of Clergy men to guid them as he there proves at large by sundry presidents If any Concurre not with me in this undoubted Ecclesiasticall Iurisdiction of Christian Princes and Parliaments after all these pregnant testimonies I must tell them in plaine english they directly violate their late vow and Covenant and symbolâ—e herein with Jesuites and Popish Prelates whose doctrines they have abjured by their Nationall Covenant and therefore cannot may not ever hereafter embâ—ace without the highest Perjury and plaine Apostacy unto Popery I shall finish this Section of the Authority and power of Parliaments in matters of Religion Church-government Discipline and enacting Lawes in all and every of these particulars with some forraigne presidents in the Parliaments Diers Assemblyes of Estats in other Realme republikes Should I now relate unto you the many ecclesiasticall Laws of all sorts made in them I might swell this Treatise into many folio volumes I shal therefore only give you a brief touch catalogue of some few which the Studious may peruse make use of at their leisure For FRANCE you may survey the Decrees of King Childebert debated and agreed by him and his people in a Parliament de quibuscunque conditionibus una cum Optimatibus nostris c. 2. 4. c. 15. For sanctifying the Lords Day prohibiting the dressing of any but necessary food on it all Bodily labour under pecuniary mulcts The ecclesiasticall laws of Charles the great Ludovicus pius Charles the Bald collected into one volum by Abbot Ansegisus Benedictus Levita Lindebrogus others printed with some pettinent additions Parisijs 1640. stiled Capitula Regum Episcoporum Maximeque OMNIVM NOBILIVM FRANCORVM were made GENERALI CONSENSV PIDPLIVM SKORVM ET GENERALI CONSVLTV ET COMMVNI CONCILIO by generall consent of the King Bishops and especially of the Nobles and states of France in Common Councells Parliaments and Assemblies of the estates Who had so great a power in making rejecting Canons ecclesiasticall Lawes that when in the yeare 846. the Bishops of France and their suffragans had in their Synods compiled certaine Canons by the command of Charles the Bald and tendered them to him as he had commanded in Sparnaâ— a Village of the Church of Rhaemes to peruse and approve the King Dissidentibus regni sui PRIMORIBVS ab eorundem episcoporum admonitionâ— by reason that the Nobles and other men of his Realme differed from the Bishops in opinion in most of those Canons the King and Nobles out of all their Canons or Chapters haec tantum observanda complacenda sibi colligerunt Episcopis scripto tradiderunt dicentes NON AMPLIVS DE FORVM CAPJTVLIS ACCEPTASSE QVAM ISTA ET ISTASE VELLECVM PRINCIPE OBSERVARE which were Stiled Captule Regis CAROLI not the Bishops Canons By which it is evident that no ecclesiasticall lawes or Canons could be made in France to bind either Clergy or Laity but such at the King Nobles Parliament and three estates approved and confirmed I shall add to this that Anno 1307. King Philip the 4. of France assembled a Parliament at Paris wherein the Laity of France exhibited 65. Articles against the Clergy to regulate their jurisdiction and abuses which were there largely handled and debated as you may read at leisure in Masters Fox who records the passages very fully in the French Histories What the Parliament Estates in France have done enacted in matters of Religion Church-Government and discipline of ancient and latter times you may read at large in Liurentius Bochellus his Decreta Ecclesiae Gallicaiae in Carolus Molinaeus Contra parvas Datas c. in William Ranchin his Survay of the Councel of Trent but above all in Antonie Fontanon
confession was againe ratified Anno 1567. in the first Parliament of James the 6. After which there was an Act made against the Masse and the sayers and heares thereof and another Act for the abolishing of the Pope and his usurped Authority in Scotland After this a forme of Church Government and discipline was presented to the Nobility to peruse but not then fully agreed on and setled The like Petitions and proceedings in ecclesiasticall affaires I finde in the yeares 1561. 1562. 1563. to 1580. 1581 1582. and that the Generall Assemblies of Scotland in nature of a Councell or Synod wherein they debated matters of Religion and Church-government consisted not only of Ministers but of Nobles Gentlemen with other Laikes and that their resolutions and Acts were not thought obligatory unlesse ratified by special Acts of Parliament by which they still petitioned they might be confirmed Not to trouble the Reader over long I finde these ensuing ecclesiasticall Acts of Parliament in Scotland against provisions from Rome Iam. 3. parl 6. c. 43. Iam. 4. parl 1. c. 4. parl 5. c. 53. Iam. 5. paul 〈◊〉 c. 119. Against Working Gaming playing haunting of Taverines Aâ—châ—uses and using any sorvile worke on the SABOTH-DAY Iam. 4. parl 6. c. 83. Iam 6. parl 6 c. 70â— parl â—4 c. 148 against Apostacy Idolatry Masse the Pope Semeniary Priests Iesuites uncommunicants Popery as Iam. 8. parl 1. c. â— 3 5. parl 3. c. 1. 45 46. 55. parl 4. c. 7 8. 35 parlâ— 7. c. 106. parl 10. c. 24 27. parl 12. c. 1 20. parl 13. c. 60. parl 14. c. 193. parl 16. c. 17 18. parl 19. c. 1. Against Adultery Mat parl 5 c. 10. parl 9. c. 74. Iam. 6. parl 2. c. 14. parl 7. c. 105 with sundry others which you may finde mentioned and recired in the 5 and 6 Acts of the second Parliament of King Charles at the Sessions holden at Edinburgh the eleventh day of Iune 1640 Regiam Majestatâ—â— to which for brevity 〈◊〉 referre the Reader I shall conclude with the Ecclesiasticall Acts made in the severall Sessions of the second Parliament of King Charles held at Edinburgh in the yeare 1640 and 1642 where in the presens government of the Church of Scotland together with their profession of Faith nationall Covenant and all Ecclesiasticall matters whatsoever were fully settled and ratified In the first Session of this Parliament I finde these ensuing Ecclesiasticall 〈◊〉 enacted Act. 4. 〈◊〉 the Ratification of the ACTS OF THE ASSEMBLY which are recited in and ratified approved perpetually confirmed by this law Act. 5. Anent the Ratification of the Covenant and of the Assemblies Supplication Act of Councels and Act of Assymbly concerning the Covinant and confession of Faith formerly made and subscribed sundry times here in recited and confirmed In which Act sundry lawes formerly made against Popish Idolatry superstitious Doctrine Papists Seminary priests Iesuits Papisticall Ceremonies Masse the Popes iurisdiction the reformation of the Church and maintenace of Gods true religion are recapitulated confirmed Acts 6. Rescissory repealing divers former Acts concerning Archbishops Bishops with other Prelates their unjust jurisdiction and authority Acts 7. For planting of Kirks unprovided with Ministers through the Patrons default Acts 8. Anent admission of Ministers to Kirkes which belong to Bishopricks Acts 9. discharging the going of Salt-pans and Milnes upon the Sabbath day Acts 10. discharging Salmon fishing upon the Sabbath day Acts 11. Against Papists Acts 12. discharging the Zule vacancy or Christmas Act 13. discharging Monday market in Edinburgh and elsewhere as occasioning great prophanation of the Sunday and distracting men from Gods publike worship and Service Acts 14. For taking order with the abuse committed on the Sabbath day c. Acts 15. Directing Letters of horning against excommunicated persons to which I might adde Acts 16. 29 30. 32. 37 38 having relation to the Church and defence of Religion And Session second of this Parliament 1641. Acts 8. 9 10 11 for abolishing the Monuments of Idolatry 12. Anent Non-communicants and excommunicate persons all printed besides sundry other Acts unprinted are an abundant Evidence both of the Scottish English Parliaments undoubted right jurisdiction and authority in all matter of Religion Discipline and Church-government maugre all inconsiderable late privateopinions to the contrary by whomsoever broached Section 4. Containing certain Corollaries from the premised Sections against the Inpugners of Parliaments and Princes Legislative Power and Authority in matters of Church-government Discipline Religion Together with a compleat Answer to Master Iohn Goodwins pretended Authorities my deare Brother Burtons and others Arguments to the contrary in Iustificaetion of their Independent way in some late Publications the substance whereof is here clearely refuted and this point among others cleared That just humane Civill or Ecclesiasticall Lawes binde the conscience in point of obedience And that there is no exact set forme of Church government universally prescribed in Scripture to all Churches IN the precedent Sections I have according to my solemne Covenant and Protestation abundantly cleared the ancient unquestionable Iurisdiction and Legislative Authority of our Kings and Parliaments in all matters of Religion Church-government Discipline by multitudes of expresse Presidents in all Ages and Authorities of all kindes I shall in the next place Dissipate all those empty clouds of objections which endeavour to obscure this clear-shining Verity by deducing some Corollaries from the premises and then refuting the principle late objections against the same The first Corollary is this That Bishop Laudes desperate Positions in his Anti-Parliamentary paper of Hopes and Feares about calling a Parliament An. 1627. That Church-businesse is not fit for Parliaments That the Parliament House one or both can be no competent Iudge in any point of Doctrine That the Papists insult over us by this meanes and call it Parliamentary Religion That the King suffers by this as much or more than the Church For in the Statute of submission of the Clergie the King and the Convocation are Judges of all Ecclesiasticall Causes An. 25 H. 8. c. 19. And why should the Parliament take this from either That he should have little hope of good successe in Parliament till they leave medling with the Church Are all dangerous false Positions exceeding derogatory and destructive to the indubitable ancient Rights priviledges and power of our Parliaments constantly exercised and enjoyed without dispute even in the darkest times of Popery and highest Ruffe of Pope of Prelates and ever since the Reformation admitted without any opposition but by Popish Priests and Iesuits as the forequoted passages of Bishop Jewell and Bishop Bilson withall the premises manifest Secondly That Master John Goodwins late printed passages against the Ecclesiastical jurisdiction of Parliaments seconded in substance by some other Independents viz. That the generality and promiscuous multitude of the world who have a right of nominating persons to Parliamentary trust and power are but a SECVLAR ROOT
Henry the first summoned another Councell about Easter ad Curiam suam apud Londoniam cunctis Majoribus Regni having assembled to his Court at London not only his Archbishops and Bishops but all the great men of his Kingdome to suppresse the Marriages of Priests contrary to the Canons of the Councell of London Anno 1102. For the extirpation of which evill the King Regali authoritate atque potentia fultos roboravit by his royall Authority and power ratified those Canons and thereupon Anselmo Archbishop of Canterbury Thomas elect Archbishop of Yorke and all the Bishops of England Decreed in the presence of the said Glorious King Henry Assensu omnium Baronum suorum with the assent of all his Barons that Priests and Deacons should live chastly and keepe no Women in their Houses but those who were of their neare kindred as the Councell of Nice had defined this Canon being ratified both by the King and Peeres in Parliament to make it obligatory In these three Councells under Archbishop Anselme a great stickler for the Popes and Clergies Ecclesiasticall Jurisdiction we see the King and great men of the Realme were present and ratified the Decrees and Canons therein concluded to make them valid and binding Anno 1114 King Henry the first commanded all the Bishops and Nobles of the Kingdome to meete together at his Court whereupon a rumour was spred over all the Land that the Archbishop of Canterbury was about to celebrate a generall Councell in presence of the Popes Legate and that he would promulge some new things worthy so great a Councell for the reformation of Christian Religion in every order On the sixteenth of October they all met together in the Kings Pallace at Westminster where the multitude which assembled together at last perceived that the tumour of celebrating a Councell and of the reformation of Christianity was nothing so There Anselme in the behalfe of the Pope brought a letter directed from him to the King and Bishops wherein hee taxeth the King for conferring Bishopricks claiming that right as belonging to Peters See for determining Ecclesiasticall matters and the affaires of Bishops without his or his Legats privity which belong only to the Apostolike Sea for stopping appeales to Rome as also for calling and keeping Synodall Councells without his privity when as it was unanimously ratified in the great councell of Nice consisting of 318 Bishops that no Councells ought to be summoned or kept without the privity of the Bishop of Rome and for translating Bishops without his consent Which letters much offending the Kings mind he sent his Nuntioes by common consent to Rome to give the Pope an answer and justifie his proceedings herein as warranted by his Royall Prerogative The same yeare upon the thirteenth of Aprill there was an Assembly held at Salisbury of the Bishops Abbots and great men of all England the Kings Writ compelling them to appeare there where the King appointed William his sonne lawfully begotten to be heire to the Crowne to which all the Nobles condescended and presently tooke an oath of Allegeance to him to be his men But the Bishops and Abbotts swore only and gave their faith that if he survived his Father they would forthwith conferre both the Kingdome and Crowne of the Kingdome on him without any controversie or exception In August following one Anselm the Archbish of Canterburyes kinsman came from Rome to King Henry being then in Normandie bringing the Popes Letters which authorized him to exercise the Office of the Popes Legate here in England which in a short time being knowne in the Kingdome of England the Bishops Abbots and Nobles admiring at it assembled together at London about it and certaine other things the Queen being present to discusse the matter Communi Concilio in a common Councell whereupon they all accorded to send the Archbishop of Canterbury whom it most concerned to the King to acquaint him with the ancient custome of the Kingdome and the liberty thereof and if he thought fit that he should goe likewise to Rome to annihilate This Novelty Who comming accordingly to the King found Anselme there expecting his passage into England to exercise his Legatine office there But King Henry the first not suffering any prejudice to happen to the ancient Customes of England kept him from entring into England that not without presidents For in the first yeare of this Kings Raigne Guido Archbishop of Vienna came into England having as he said the power Legatine of all England by the precept and authoritie of the Apostolicall See which being heard of throughout England was admired by all men all knowing that it was a thing unheard of in Britaine that any man except the Archbishop of Canterbury should take upon him to supply the Popes Apostolicall turnes Wherefore as he came so he returned being received as a Legate by no man nor exercising the Office of a Legate in any thing After this one Peter having obtained from the Pope a power Legatine over England Ireland France and the Iland of the Orcades at the same hereof all England was astonished the King sent the Bishop of Saint Davids and another Clergie man beyond Sea to conduct him to him enjoyning them that after his entrance into England they should not suffer him to enter into any Churches or Monasteries to lodge or eate Being brought to the King and honourably received by him having declared the cause of his comming the King answered him that hee had now no leasure to minde so great a businesse and that his Legatine power could not be established and ratified but by the connivance and assent of the Bishops Abbots Nobles and the Assembly of the whole Kingdome in Parliament moreover hee affirmed that he could not by any meanes willingly loose any of the Customes of his Country granted him by the Apostolicall See so long 〈…〉 lived whereof this was one of the chiefest and greatest that hee made the kingdome of England free from all Legatine power Whereunto Peter affented and promised to doe his endeavour to have this priviledge preserved and augmented And so being gratified with rich presents Ille qui Legati officio fungi in toto Britania venerat nimirum ab omni officio tali cum ingenti Pompa vâ—a qua venerat extra Angliam a Rege missus est writes Eadmerus of him by way of derision So little jurisdiction had the Popes Legates here in England in those dayes who became an intollerable vexation oppression to it in succeeding Ages in the Reignes of King John Henry the third and others In the Councell of Westminster under Iohn de Crema the Popes lecherous Legate Ann. 1125. there were 17. Canons made ab omnibus confirmata and confirmed by all there present to wit by 20. Bishops 40. Abbots Cuminumera Cleri Populi multitudine with an innumerable multitude of the Clergie and people who were present at it as the Continuer
civill Magistrates as you have plentifully done even with some colour of reason as well as insanire cum ratione which is all I shall answer to your reasons Fourthly Hee writes Let Master Prynne Or any other evict mee of any wilfull or unwilfull violation of the priviledges of Parliament and I shall bee as willing as willingnesse it selfe can make me to further such a conviction and no man shall be more ready then I to crave their pardon or undergoe their Justice nay I shall repent my selfe and abhor my errour in dust and ashes Certainely this your promised late Repentance which is yet contingent and improbable after so many publike offronts and oppositions against the power and proceedings of Parliament will bee a very poore recompence and satisfaction for all your former misdemeanors and scandalls to the Parliament yet late repentance being better then none at all I shall now challenge you to make good this your promise since your owne Conscience and judgment cannot but informe you I have written enough in the former Sections to evict and convince you and all the world besides that you have not only violated but denyed oppugned those priviledges of Parliament in Ecclesiasticall affaires which our owne Parliaments in all ages and Parliamentary Assemblies in all other Kingdomes have unquestionably exercised enjoyed without any such publique opposition as you have made against them And if you now make not good your promise few or none will ever credit you hereafter 5ly For the Authors you cite to justifie yourselfe they are miserably wrested and mistaken for the most part The first you quote is Master Edwards who maintaines point blancke against you throughout his Treatise a Legislative and coerceive power in Parliaments and civil Majestrates even in Church-affaires and matters of Religion in the very pages you quote and else where Therefore you palpably abuse the Author and Reader in quoting him to the contrary who is so point-blancke against you For the passage you quote out of his Page 256. The Parliament interposeth no Authority to determine what government shall be whence you inferre p. 7. Therefore his opinion appeares to be either that the Parliament hath No authority or at least intends not to make use of it in determining a government It was written only with reference to that present time the Parliament having at that time when he writ during the Assemblies debate and consultation interposed no Authority to determine what government shall be yet before that it had declared the old prelaticall Lordly government to be abolished and called an Assembly to advise with about a New But to inferre from thence as you doe Therefore his opinion is either that the Parliament hath no Authority or at least intends not to make use of it in determining a Government Is an inference quite contrary to the next ensuing words and pages to the whole scope of the Authors Booke Humbly submitted to the Honourable houses of Parliament contrary to his expresse words p. 138. 281. to all his reasons against Toleration of your Way and to the Parliaments intent in calling the Assembly to assist them in determining and setling a Church-government agreable to Gods word Be ashamed therefore of this grosse perversion of your first Authors passages diametrally contrary to this meaning Your Passages out of Master Hayward Bishop Iewell Master Fox Mr. Calvin Iacobus Acontius Junius Peter Martyr and Gulielmus Appolonius make nothing at all against the Legislative Authority of Parliaments in matters of Religion and Church government and have no aâ—â—inity with your Passages words most of them Bishop Iewel especially as I have already proved vindicating propugning the very ecclesiastical power of Parliaments which you oppugne Indeed some of their words seeme to diminish the Coercive power of Majestratâ—s enforcing of mens consciences in matters of Religion which I shal answer in due place and manifest how you abuse the Authors herein as well as Mr. Edwards not hitherto answered by any of your party but how they militat against the jurisdiction of Parliaments in making Lawes touching Religion discipline and Church-government I am yet to seeke For the Passages he aleageth out of the Divines of Scotland That the Prince or Majestrate may not make or publish any Ecclesiasticall Law without the free assent of the Clergy c. That he may not by HIMSELFE define or direct such matters nor make any Lawes therein That the King hath not a Nomotheticke Legislative Power in matters ecclesiasticall in a constitute Church That the ordinary power of the King is not to make Ecclesiasticall Lawes c. I Answer 1. That their only meaning if I mistake not in these passages is that the Prince or chiefe civill Majestrate of HIMSELFE without a Parliament or without the assistance and consent of his Nobles Commons Clergy cannot legally make any ecclesiasticall Lawes to obliege his people upon which reason our Brethren of Scotl. rejected the late New service booke and Canons and our selves the late Canons c Oath which Canterbury wold have obtruded on us because they were made and prescribed only by the Kings Authority and the Prelates or Convocations not the Parliaments upon which very reason the Parliaments of both Kingdomes have respectively adjudged both one and other illegall But that the King or supreame temporall Majestrates assisted by a Parliament and Orthdox Divines may not make binding ecclesiasticall Lawes or that their or our Parliaments have not a reall Legislative power in any matters ecclesiastike the only point controversed is directly contrary both to the constant Doctrine and Practise of our Brethren and their Church used ever since the Reformation to the proceedings of their last Parliaments and generall Assemblies as I have formerly manifested You may therefore blush at this your perverting of their meaning as if they held that the Parliaments of England or Scotland had no power to make Ecclesiasticall Lawes for Religion or Church gouernment when as their Bookes Actions addresses to our present Parliament their presence assistance in our Assembly proclaimes the contrary And the very publique Confession of faith professed and subscribed in their Church Anno 1560 Chap. 14 since confirmed by severall Acts of Parliament doth the like But admit all those Authors really as not one of them is in verity opposite to the Ecclesiasticall Jurisdiction and Legislative power of Parliaments yet the unanimous practise and resolution of all Christian Realmes Synods Parliaments in all ages contrary to their private novell opinions is sufficient infinitly to overbalance them in the Judgements of all prudent men And thus much for Mr. Goodwins Innocencies tryumph as to the present point I shall next apply my selfe to Answer such Objections as my deare Brother Master Henry Burton hath lately made against the premises in his Vindication to my 12. Queeres touching Church-Government my Independency examined His first and principall Objection is this
Nationall Synod wherein these Churches are all combined hath no juridiction or legislative Authority over them nor any other particular congregation under their precincts A doughty Argument much like this in effect The Burrough of Westminster hath no jurisdiction nor power to make binding Lawes for the Burrough of Southwarke not the county of Kent for the county of Middlesex nor any one City County or Burrough in England power to prescribe Lawes to one another Ergo all these counties cities burroughs assembled in Parliament in their Knights and Burgesses have no power to make Lawes to bind any of them nor the Kingdome And what then becomes of our Parliaments Authority and legislative power if this kind of logick be admitted 4. My Brother other Independents generally grant that every Congregation may and ought to give an account of their actions censures proceedings and opinions to another private Church therefore they are not absolute nor simply Independent in regard of other particuler Churches much lesse then in respect of an whole Nationall Synod Parliament or Presbitery which reason others having largely prosecuted I shall but touch 5. I demand whether every particular Church or Congregation whatsoever be such an absolute compleat independent body in it selfe subject only unto Christ c. or only independent Churches and congregations If Independent only I pray shew your Magna Charta for such a peculier priviledge which no Churches else enjoy or challenge but onely yours If all particuler Churches enjoy this priviledge then marke the consequence Papists Arminians Anabaptists Sociniaas Antinomians Arrians Familists and as one Master Williams an Independent affirmes in Print Mahumetans Iewes and all the severall Sects of Religions in the world mustered up by Master Samuel Purchas in his Pilgrimage and Voyages must be absolute and Independent to nor may any Magistrates Parliament Synod make Lawes to regulate reclaime suppresse or punish them because they are subject to none but to Christ and accountable onely to him and their consciences free then every Sectary Schismaticke Hereticke what soever may gather and set up an Independent Church of three or foure families persons in a corner and neither King Parliament nor Presbiteries may question or suppresse them because they are immediatly subject to none but Christ Then persons questioned excommunicated by their congregations or such members of your Churches who either feare your censure or fall into any pett or humour against your Ministers Elders Government may set up a new Church of their owne and so avoyd both your jurisdiction and censures In one word this absurd Paradox would open a large guppe to all Errours Heresies all Sectaries Schismaticks impious practises and opinions without the least impunity restraint or meanes of reformation 6. This conceit derived onely from the Pope himself who claimes this priviledge that he is subject and accountable to none but Christ himselfe in spirituall things and is an Independent Church within himselfe as the Iesuites with others affirme makes every Independent Church or Minister a meere Pope subject and accomptable to Christ alone I beseech you therefore Deare Brother tell me how you can be said to renounce the Pope Popery Antichrist and abolish them out of our Realme to your utmost power according to your Vow and Covenant when as you banish onely one Pope and set up many in making every Independent Minister and Congregation a meer Antichristian Pope exalting it above all that is called God as immediately subiect to none but Christ My Brothers fifth Objection is That Christ should be very unfaithfull carelesse and leave his Church to six and seven if he had not prescribed as exact a Church Government and Discipline for it under the Law as under the Gospel And we should have a mad world he should say Church if it were left to Christian Princes Civill States or Parliaments to set up such a Church-government and Discipline as they should conceive were most suiteable to Gods Word and the Lawes and customes of the Realm and manners of their people I Answer 1. In generall In generall that this is onely words not proofes matters of fact as this now controverted is must be ever proved by reall visible demonstrations not farre-fetched inferences fancies probabilities suggestions or pretended inconveniences of our owne devising Therefore Brother trouble not the world any more with inferences or illustrations of what is not but produce some down-right Scripture proofes of what really is what Philip spake in one sence to our Saviour Shew us the Father and it sufficeth us I shall say to you shew us your Church-Government deliniated prescribed to all Churches in Scripture in all particulars wherein we differ and it shall suffice us but your Inferences from the Tabernacle Temple Ezechiels vision these objected inconveniences neither will nor can satisfie any man who hath any science conscience or reason to guide his choise 2. I answer That Christ hath not been so extreamly negligent or carelesse as to leave his Church under the Gospel at six and seven though he hath not been so exact in prescribing or establishing a set forme of Church-Government and Discipline under the Gospel as he was in the Old Testament in setting downe the patterne of the Tabernacle Arke Temple under the Law as you object For Brother your selfe acknowledge in your Margent pag. 5. 6. upon second thoughts that he hath not done it though you affirme the contrary in your Text Wil you I pray argue that Christ is more carelesse of his Church under the Gospel then under the Law because the manner and time of Circumcision eating the Passeover consecrating of Priests with all their accoutrements the forme of the Tabernacle Temple with all the Services Sacrifices thereto belonging are more exactly and particularly set downe and prescribed in the Old Testament then the manner time or forme of Baptisme administring and receiving the Lords Supper ordination of Ministers the model or fashion of our Churches and their necessary furniture are in the New or because the use of solemne Vowes and Covenants your great Diana the manner of solemnizing Fasts sanctifying the Sabbath Feastivalls Nationall Assemblies c. are more exactly delineated and prescribed in the Old Testament then the New Or which soares higher was Christ more carelesse of his Church before then under the Law because he gave them not the Law in writing as he did in after times or carelesse of the Church under the Law because he gave them not the Gospel then but Law alone Brother your self acknowledge that Christ hath left his Churches childrens consciences more free under the Gospel then they were under the Law exempting them from the Ceremoniall Law and all humane Ordinances to which they were formerly obliged Is he therefore carelesse or unfaithfull I beseech you Brother take heede how you cast dirt in Christs owne face by such strained inferences or charge your Brother with no lesse
TRVTH TRIVMPHING OVER FALSHOOD ANTIQVITY 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 here proved to be anciently and in truth none other but Parliaments especially in England both by Scripture Texts Presidents of all sorts and the constant uninterrupted Practices Examples of the most eminent Emperors Princes Councells Parliaments Churches and Christian States especially of our owne in all ages since their embracing the Gospell In Refutation of M r. 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 Jer. 6. 16. Thus saith the Lord Stand yee in the wayes and see and aske for the OLD PATHES where is the GOOD WAY and walk therein and yee shall find rest for your soules But they said Wee will not walke therein Luk. 5. 39. No man also having drunk OLD WINE straightway desireth NEW for he saith THE OLD IS BETTER Tertul. de Praescrip adver Haeres Ex ipso ordine manifestatur id esse Dominicum Verum quod sit priùs traditum id autem Extraneum Falsum quod sit posterius immissum Decem. 3. 1644. It is Ordered by the Committee of the House of Commons concerning Printing that this Book entituled Truth Triumphing over Falshood Antiquity over Novelty be printed by Mich. Sparke Senior John White London Printed by John Dawson and are to be sold by Michael Sparke Senior 1645. TO THE HIGH COVRT OF PARLIAMENT Right Honourable HAving had the Honour through Gods assistance to be a meane though cordiall Instrument of Vindicating The Soveraigne Power of Parliaments and Kingdomes in all Civill or Military affaires which concerne the State in Foure severall Volumes against all Opposites whatsoeever which they have for the most part satisfied or put to silence I expected a Quietus est from all other Controversies concerning the Iurisdiction of Parliaments especially in Ecclesiasticall matters which most imagined had been put to eternall silence when our Lordly Prelates lost their Votes and Session in Parliament by a publike Law But alas I know not by what evill Genius and Pythagorean Metempsychosis the Anti-Parliamentary Soules formerly dwelling in our defunct Prelates earthly Tabernacles are transmigrated into and revived in a New-Generation of men started up of late among us commonly known by the Name of INDEPENDENTS who though for the most part really cordiall in their Affections Actions to the Parliament and Church of England for which and for their piety they are to bee highly honoured yet some of them are of late become extremely derogatory and destructive unto both in their Anarchicall and Anti-Parliamentary Positions For which and for their late gathering of Independent Churches contrary to Your Parliamentary Injunctions they are to be justly blamed as great disturbers of our publike Peace and Vnity It is the observation of learned Voetius and Vedelius That the Arminians in the Netherlands for the advancing of their owne Faction and more facill accomplishment of their private ill Designes did before the Synod of Dort and in the beginning thereof exceedingly cry up the Power of the Civill Magistrate and States of Holland in Ecclesiasticall matters both by Writing and Preaching ascribing to them the highest Jurisdiction and Power of giving ultimate Judgement in all Controversies of Faith and Ecclesiasticall matters arising in the Church as a Prerogative belonging immediately under Christ to them alone And thereupon they appealed to the States from the Ecclesiasticall Classes as the proper Iudges of the Controversies they had raised in the Belgick Churches But at last after the Synod of Dort had determined against their Arminian Errors and the States established their Determinations prohibiting the Preaching or Printing of any Arminian Tenets with the private Independent Congregations and Conventicles of the Arminian Party they presently altered both their opinions and practice crying downe the Authority of the States and Civill Magistrate as fast as they had cryed it up both in their Apologies and Sermons contracting yea denying them that very power which before they had so liberally measured â—ut unto them affirming that the States had no power at all over their private Congregations that it was not any right or part of their Office to obliege men by their authorities to the Decrees of Synods however agreeable to the word of God and that they ought not to use any coactive Power or Authority in such cases to obliege them to conformity This Practice of the Arminians was by M r Thomas Edwards by way of prediction applied to the Independents in these very tearmes And it may be feared however these Apologists NOW to ingratiate themselves and being let alone in their Church-way say they give more to the Magistrates than the Presbyteriall and that they professe to submit and to be most willing to have recourse to the Magistrates Iudgement and Cognizance and Examination of Ecclesiasticall Causes yet when they shall come once to be crossed and the Parliament by the advice of the Assembly to settle the Government of the Church and by their Authority to bind them to things agreeable to the word wee shall see then what they will say of the Magistrates Power There are too many speeches already since the Assembly out of their feare how they may goe which have fallen from many Independents THAT PROGNOSTICATE THEY WILL DOE BY THE PARLIAMENT AS THE REMONSTRANTS DID AFTER THE SYNOD OF DORT BY THE STATES Which Prognostication hath fallen out accordingly For since that time our Independents having felt the Pulses of the Assembly and Parliament bearing but very gently by way of debate against their Anarchicall and Anomolous New-Way derived from their good friends the German Anabaptists and Separatists and supported only with their Arguments as I am fully able to demonstrate they have not only in Presse and Pulpit cryed up their Way as the Onely Way Kingdome and Scepter of Christ and denyed all opposition in word deed or thought against it as a direct FIGHTING AGAINST GOD and promoted it publikely and privately with all their Industry Policy Power setting up New Independent Congregations in every corner but even with open mouth pen hand contrary to their former Solemne Vowes Covenants Protestations which I feare they have over-much forgotten cryed downe and fought against the very Ecclesiasticall Power and Legislative Authority of the High Court of Parliament it self and Supreme Temporall Magistrates proclaiming
not onely in their Pulpits but likewise in sundry late Pamphlets wherewith they have filled the World That every particular Congregation of visible Saints and Independent Church is under the Government of Christ alone as the ONELY Head King Governour Law-giver of it and subject TO NO OTHER IVRISDICTION then that of Christ his word and Spirit That NO POWER ON EARTH NOR EARTHLY LAW-GIVERS MAY CAN OR OVGHT TO GIVE LAWES FOR THE GOVERNMENT OF THIS REPVBLIKE nor claime nor exercise an Headship or undertake the Government of this Body That neither KINGS NOR PARLIAMENTS NOR SYNODS have any Authority to prescribe Lawes or Rules for the Churches Government to order the affaires of Christs Kingdome or institute the Government of his Churches or to make coactive Lawes in any Ecclesiasticall matters to bind the conscience of any Church or Christian to outward conformity or inflict any mulcts or penalties for contempt or disobedience Christ onely being the Lord of mens consciences which ought to be left at liberty That the Members of the Parliament are chosen but by a secular Root by the Generality and Riffe Raffe of the world Papists Atheists Drunkards Swearers Men voyd of the knowledge feare and grace of Christ And therefore the Independent Brethren conceive as great AN IMPOSSIBILITY that a Legitimate Ecclesiastick Power should according to the mind of Christ bee by them conferred upon any men or that they should have any Power or Authority from Christ to nominate or appoint who shall bee the men by vertue of such nomination or election to enact Lawes and Statutes in matters of Religion and to order under mulcts and penalties how men shall worship and serve God as it is in Jobs expression to bring a cleane thing out of an uncleane That the Parliaments claiming or exercising any such Ecclesiasticall Power or others attributing of it to them is a meanes to awaken the eye of Jealousie upon them and seven times more destructive and under-mining of not onely their Power but Honour Peace nd Safety also than any thing that is found in the Independent Way so ill entreated That it is a claiming of the sacred and incommunicable Royalties of Heaven an accounting it no Robbery to make themselves equall with God and such an high provocation in the eyes of the Most High as IF CONTINVED IN by the Parliament will kindle a fire in the brest of him whose name is Jealous which will consume and devoure Yea one of them puts this Question If the whole Kingdome may deny obedience unto Popish Acts and Canons or upon any other like just occasion and they themselves bee Judges whether the occasion bee just or no Whether MAY NOT INDEPENDENTS a part of the Kingdome onely doe the like in all respects Or Whether ought they because a Lesser part of the Kingdome yeeld obedience to Popish Acts and Canons because a Major part approve of and agree with a Parliament and Synod in approving them What if they should be for Popery again Judaisme or Turcisme t is no offence to make a Quere nor impossible to come to passe the greatest part of those that chose our Parliament men being thought to be Popishly or Malignantly affected c. Putting divers such like Queries destructive to the very fundamentall Power and Being of Parliaments and as bad or worse than the Popish Gun-powder Plot to blow up the Soveraign Ecclesiastick and Civill Authority of this High Court in all succeeding Ages These with infinite other Anti-Parliamentall Anti-Synodicall and Anti-Monarchicall Paradoxes at which I professe I stand amazed have not onely dropped from the Lips but Pens of sundry Independents who have avowed them publikely in Print with their Names affixed to their Bookes even before the face of Your Right Honourable Parliamentary Assembly and Supreme Tribunall in such open affront and high contempt of Your undoubted Rights Power Priviledges which Your Honours and wee all are obliged by Late Solemne Oathes Covenants Protestations to defend maintaine with our very Lives and Estates and to discover oppose all others who shall invade them to our uttermost power as I am confident no Age nor History can ever parallel in the least measure the very Malignant Prelates and Anti-Parliamentary Cavaliers having not proceeded in this kind so farre as they which I speake with deepest griefe of heart and spirit out of Conscience of that common Vow and Covenant which bindes mee to discover oppugne reveale abhorre it and detestation of their most pernicious Assertions not out of the least malice or hatred to any of their Persons What the Independents end of publishing these desperate Anti-Parliamentary Paradoxes should be unlesse to prepare their party and all others as much as in them lies utterly to reject whatever publike forme of Church-Government Discipline Reformation and Directory of Worship Your Honours by the advice of the Reverend Assembly shall establish in our Church for the future after all your serious consultations debates paines Prayers and Fastings about it and to set up their owne Anomolous Platforme which they averre is Christs Kingdome and Government and which may upon probable and higher grounds than of reason bee thought in time to overthrow and put downe all other Governments whatsoever and to stand up alone in their stead since Christs Kingdome shall stand up when all opposite earthly Kingdomes like earthen vessells shall with an Iron Rod bee dashed in peeces Which they close up with a Faxit Deus festinet in despight of Your Authority and all humane Power whatsoever I cannot conjecture And their owne late printed Passages with Mr. Iohn Goodwins Sermon that it would be more easie for him and hee should rather yeeld to bee torne in pieces by wild horses than submit to such a Government which proceeded from a Parliament chosen by the Riffe-raffe of the world c. intimate and expresse as much Which what an high contempt it is against Your undoubted Power and pious Ecclesiasticall proceedings in Reforming setling the Doctrine Discipline and Government of our Church the grand desire and prayer of all wel-affected spirits I most humbly submit to Your saddest thoughts and deepest wisedomes who have both Power and Authority in Your hands to suppresse incomparable Prudence and Providence to prevent these growing dangerous Insolencies before they become Masterlesse or Epidemicall past Your cure Farre be it from my thoughts to exasperate Your Power or Iustice against any Delinquents of this kind some whereof are so neare and deare unto mee that it is my heaviest affliction to mention their extravagancies in this kind of which I trust they and all their followers will be now ashamed and a Brotherly Admonition to their Persons though their Writings undergoe the sharper Censure will I hope induce them upon second thoughts both to discerne lament recant their fore-mentioned Paradoxes and abhorre themselves for them even in dust and ashes as one of them professeth hee will doe in case hee be convinced And
there quoted resolving in these positive termes Soliti sunt ab omni aeuo Reges Christianissimi pro ratione rerum quae in Regno suo accidunt habere Synodos aut Concilia Provincialia aut Nationalia in quibus inter alia ad statum Regni pertinontia agitur etiam de Rebus ordinem Disciplinam Ecclesiarum Regni sui spectantibus Unde Regulae innumerae Capitula Leges Ordinationes Pragmaticae Sanctiones eorum Nominibus inscriptae prodierunt Yea their Franciscus Victoria holds that at this day in certain cases a generall Councell may be called against the Popes minde by the Emperor and Christian Princes whether hee will or no. But although some Parasites of the Popes universall Monarchy endeavour to entitle him to this prerogative royall of Christian Princes to summon Synods and Councels contrary to the Resolutions of these and infinite other Popish Authors and the practise of most popish Realmes yet none of them entitle any other Bishops or Prelates to it but the Pope alone unlesse it be by some speciall derivation from the Pope as his Legate so that Bishops cannot claime this power by any immediate inherent right but by a dirivative power onely either from the Pope or Christian Princes and from the Pope no English Prelates Ministers can or dare derive it Thirdly to proceed to our own English Synods and Councels wee shall finde that the right of summoning them and of our Convocations hath alwayes beene an indubitable Prerogative of our Christian Kings or Parliaments which I shall manifest First by presidents Secondly by Parliamentory resolutions Thirdly by the Doctrine Articles and Writers of our Church Fourthly by the determination of King James King Charles and our late Convocations To begin first with Presidents both before and since the Conquest The great Synod held at verolam Anno 446 to suppresse the Pelagian heresie with another great Councell after that Anno 449 to like purpose and the Councell of Wales Anno 465 were summoned by the Kings and Peoples joint assents who together with the Clergie were present and voted in them The Synod of Worcester and at Augustines Oke under Augustine the first Arch-bishop of Canterbury Anno 603. was called Ethelberti Regis ope auxilio by the assistance or summons of King Ethelbert adjutorio usus Edelberti Regis write some So was the Councell held at Canterbury Anno 605 in which both the Clergy and people were present The Synod of Streneshalch An. 664. under Oswy King of Northumberland and Alchfrid his Son who weee present at it was summoned by their appointment to decide the controversie concerning the time of Easter and other differences Anno 693 King Alfrick Synodum Episcoporum convocari fecit caused a Synod of Bishops to be called together Anno 694 a great Councell was summoned to meet at Becanceld by King Withred who sate President therein praecepit convocari concilium who likewise assembled and sate President in the grand Councell of Berghamsted Anno 697. About the yeare 714 there was a great Councell of the Bishops Princes Nobles Earles and of all the wise-men Elders and people of the Realme under King Ina per praeceptum Regis Ina by the precept of this King An. 724 the Synod of Northumberland was conveened authoritate gratia Osredi by the authority and favour of King Osred The famous Councell of Clovesho about the yeare 748 was assembled Ethelbaldi regis Merciorum auxilio who sate President therein and in a former Councell there held Anno 742. The Councell of Calchuth An. 787 was congregated by Offa King of Mercians and Kenulfe King of West-Saxons who together with their Bishops and Elders of the Land senioribus terrae were present at it The Councell of Clyffe An. 800 was convented by King Cenulfe his authoritie and assent A Synod was assembled by King Edward the elder about the yeare 905 Rex praedictam Synodum congregavit write the marginall Authors An. 948. a Councell and Parliament was summoned at London per regium edictum by Aedred his royall edict the King and his Nobles as well as the Bishops being present at it The Councell of Enham An. 1009. ab Ethelredo rege edictum was called by King Ethelred The Councell of Winchester An. 1070. was summoned and celebrated by the procurement of William the Conquerour Rege procurante so was the Synod at Westminster An. 1075. Rex tandem Williesmus de negotiis agere constituens Ecclesiasticis An. 1075. apud Westmonâ—sterium Synodum coegit This being the undoubted right of Kings in those dayes caused Archbishop Anselme though a great stickler for the Popes and Prelates supremacie An. 1093. to move King William Rufus to command Councels to be revived after the ancient manner Jube ait si placet Concilia ex antiquo usu renovari quae perperam acta sunt in medium revocari who after held a Councell at Westminster An. 1102. by King Henry 1. his assent ipso annuente The Councell at Westminster held by the Popes â—echerous Legate John de Crema An. 1125. was assembled Regis licencia by the Kings owne licence and the Councell of London An. 1129. summoned by this King The Councell at Oxford against the Publicans was called by King Henry the second his Writ Rex Episcopale praecepit concilium congregari writes Neubrigensis So the Synod of Cassels in Ireland for setling and reforming that Church was congregated by King Henry the second his authoritie and command The Councell held by Hugo Cardinalis the Popes Legat at London under the same King An. 1176. was favore regio adjutus called by the Kings favour and assistance The Councell of London under Otho the Popes Legate An. 1237. was summoned by King Henry the third his authoritie and consent And all Synods Councels Convocations from that time till this present have ever been summoned by the Kings speciall Writs for the most part as is evident by Matthew Parkers Antiquitates Ecclesiae Britannicae and by these ensuing ancient Presidents following remaining upon Record Breve pro Convocat ' habenda apud Lincoln Anno Dom. 1321. Ed. Reg. 16. Convocatio inchoata vigore brevis regii die Lunae proxim post fastum S. Sabiani Sebastiani An. Dom. 1369. Alia inchoat ' eodem An. 21. die Januarii Convocat ' inchoat ' vigore brevis die Lunae proxim ' post festum Pent ' An. 1376. Convocat ' inchoat ' vigore brevis die Lunae 9. die Novembris An. 1377. Convocat ' inchoat ' 7. Maii An. Dom. 1382. quoad process contra Haereticos Convocat ' inchoat ' 18. Novemb. An. Dom. 1382. continuat ' ad 6. diem Janu. prox ' sequènt ' Convocat ' inchoat ' 2 Decemb. An. 1383. contin ' ad 4. diem ejusdem mensis Convocat ' inchoat ' 20. Maii An. Dom. 1384. contin ' ad festum Pent ' sequent Convocat
Controversia 3 de Conciâ—â—s Quaest 2. p. 577. to 585. Doctor Willets Synopsis Papismi Controversi 3. Concerning generall Councels Quaestion 2. Doctor John White his way to the true Church sect 29. n. 28. p. 111. Master Rogers his Analysis on the 21. Article Proposition 1. with sundry others whom I pretermit subscribe and justifie this truth against all Romish opposites And if these be not sufficient all the Reformed Churches in their several confessions registred in the Harmony of confessions cited by Master Rogers in his Analysis of the 21 Article with the whole Classe of their learned Writers unanimously resolve That the power of calling Councels Convocations Synods belongs not to Popes or Prelates but only to Christian Emperors Kings Princes and other chief temporall Magistrates which our late famous King James in the last place in his Letters Patents prefixed before the Canons and Ecclesiasticall Constitutions made in Convocation Anno 1603. ratifies to the full affirming that the Synod and Convocation at that time held was and ought to bee summoned and called only by vertue of his royall Writ The like is affirmed by our present Soveraigne King Charles in his Declaration before the 39. Articles and in his Patents Commissions licenses for making the last new Canons 1640. and resolved in the first Canon thereof From this 1. Proposition thus plentifully ratified by uncontrolable Presidents and publike Authorities of whole Synods Parliaments States in all ages which infinitely over-ballance the inconsiderable rash opinions of any private men I shall deduce these Consectaries 1. That the chiefest care of defending propagating the true Religion suppressing errors haeresies schismes vices and enacting Laws Canons for this end for the Churches peace Government and advancement of Gods true Worship belongs to Christian Princes or supreme temporall Magistrates and is an essentiall part of their duty because the right and trust of calling Synods Councels upon all such occasions is thus originally vested in them 2. That Synods Councels are very useful necessary profitable to the Churches of Christ if rightly ordered else God himself all Christian kingdoms states Churches would not have invested Kings supream civill Magistrates with such a power of convening them nor all Christian Kings Emperors but made so frequent use of this their power not onely without opposition but even with publike approbation yea such hath been the necessity and expediency of Synods and Councels in all Christian Churches in all ages That the generall Councell of Nice An. 363 the Councell of Antioch Can. 20. the first Councell of Constantinople Can. 3. the Councel of Africke Can. 18. the Councell of Chalcedon Can. 19. the third Councell of Toledo under King Reccaredus An. 600. cap. 18. the fourth Councell of Toledo under King Sisenandus An. 6â—1 the Greeke Synods collected by Martin Bishop of Bracara cap. 18. the second Councell of Arelat Can. 2. the third at the same place Can. 1. and the fourth Can. 37. the second Synod of Towers Can. 1. the fifth Councell of Orleans cap. 11. the Councell of Hereford under King Egfred An. 670. the sixth Councell of Constantinople Can. 8. the Councell of Antricum Can. 7. the Councell of Mascon Can. 20. the Synod of Soissons under King Childeric the Councell under King Pepin at the Pallace of Vernis An. 755. cap. 4. the Councell of Paris under Lewis and Lothaire An. 829. the Councell of Meaux An. 845. cap. 32. yea the great Councell of Basill An. 1331. with sundry other Councels Decree that a Synod or Councell shall be kept twice or thrice or at the least once every yeare at a certaine time and place in every Province That all Bishops and others unlesse hindered by sicknesse or other inevitable occasions should be present at it and not depart from it till all businesses were ended and the Councell determined under paine of Excommunication that none should interrupt not keep back any necessary members from them Therefore certainly they are both expedient and necessary for the Church not uselesse antichristian diabolicall and pernicious to the Church as some Papists Arminians Socinians hertofore and Independents now scandalously ignorantly if not maliciously deeme them Sect. 2. THat Bishops and Clergie-men when assembled in Councels Synods and Convocations by Christian Princes and Magistrates have alwayes been limited and directed by them not onely for the time and place of their meeting but likewise for the manner and matter of their debates and proceedings having no power liberty to debate or determine any thing but what was first prescribed them by their summoners or by their speciall Licence first obtained With a touch of Princes and Laymens presiding judging voting in Synods and Councels Secondly As Bishops and Clergy-men cannot summon Councels or Convocations not yet assembled together in them but by the Princes and supreme temporall Magistrates authority who alwayes appointed both the time and place of their meeting continuance and dissolution as all ages Authors attest so when they are lawfully met in Councels they cannot debate determine any points of faith nor yet frame any Ecclesiasticall Canons Lawes Constitutions in them but by the Princes or Magistrates licence direction that summoned them who have always both abroad and at home prescribed them either in generall or speciall termes what things they should debate treat of and conclude in their Synods confining them to such particulars for the determination and ordering whereof they were convened as well as to the time and place of their assembling This is evident by sundry Presidents The first famous generall Councell of Nice and the Bishops therein assembled were thus licensed and limited by Constantine the great who fate President in it as Eusebius with others manifest at large The Bishops assembled by him in the Synod of Tyrus were limited likewise by him how to proceed and what to treat of as appears by his letters to them wherein after he had exhorted them to peace and unity he chargeth them not to delay but to define the present controversies with al earnest endeavour within those fitting bounds he there prescribed telling them That he had sent Dionysius the Consull to admonish them of all things they were to do and who ought to be present at their Synod Maximè vero ut idem animadversor sit custos conservandae aequalitatis ordinis but especially that he should be an observer and keeper of that aequability and order which he had prescribed to be observed in that Synod The Bishops assembled by Constantius his Edict in the Councell of Ariminum most humbly requested his Majesty of his gracious favour and wonted clemency to grant them license and lawfull favour firmely to persevere in those things which their ancestors had decreed and that nothing might be diminished or added unto the old and ancient decrees In the Councell held at Seleucia summoned by Constantius precept it was commanded by this
such Canons Orders Ordinances and Constitutions as they shall thinke necessary fit and convenient for the honour and service of Almighty God and quiet of the Church and the better government therof c. And our present Soveraign King Charles in his Declaration printed before the 39. Articles of the Church of England made by the advise of so many of the Bishops as might conveniently be called twice printed by his speciall command An. 1628. resolves in these very words this point of his royall Prorogative derived from his Predecessors That We are supreame Governour of the Church of England and that If any difference arise about the externall policie concerning Iniunctions Canons or other Constitutions whatsoever thereto belonging the Clergy in their Convocation not the Bishops in their Consistories Visitations or high Commissions is to order and settle them having first obtained leave under Our broad Seale so to do and We approving their said Ordinances and Constitutions provided that none be made contrary to the Lawes and Customes of the Land What power our Kings have excercised in Convocations to direct and limit them in all their proceedings determinations Canons in former ages especially since 25. Hen. 8. c. 19. will appeare First by the forme of our Kings Writs for summoning a Convocation of which I shall give you onely one late president agreeing in forme and substance with all former Writs of this kinde CAROLVS Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Reverendissimo in Christo Patri ac fideli Conciliariâ— Nostro Gulielmo eadem gratia Cantur A chiepis totius Angliae Primati Metropolitano salutem Quibusdam arduis urgentibus negotiis Nos securitatem defensionem Ecclesiae Anglicanae ac pacem tranquilitatem bonum publicum Defensionem regni Nostri subditorum Nostrorum ejusdem concernentibus Vobis in fide dilectione quibus Nobis tenemini rogando mandamus quatenus remissis debito intuitu attentis ponderatis universos singulos Episcopos vestrae Provinciae ac Decanos Ecclesiarum Cathedralium nec non Archidiaconos Capitula Collegia totumque Cleâ—um cujuslibet diocesios ejusdem Provinciae ad comparendum coram vobis in Ecclesia Catholica sancti Pauli London decimoquarto die Aprilis proximè futuro vel alibi prout melius expedire videritis cum omni celeritate accommoda modo debito convocari facias ad tractandum consentiendum concludendum super premissis aliis quae tibi clarius exponentur tunc ibidem ex parte Nostra Et hoc sicut Nos Statum Regni Nostri ac honorem utilitatem Ecclesiae praedictae diligitis nulla tenus omittatis Teste meipso apud Westmonast vicesimo die Februarii Anno regni Nostri quintodecimo Secondly by the forme of the Kings royall License commonly granted to the Convocation before they may or can debate of any thing particularly the forme whereof you may discerne in this subjoyned directed to the last Convocation 1640. CHARLES By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas in and by one Act of Parliament made at Westminster in the five and twentieth year of the Raigne of King Henry the Eighth reciting That whereas the Kings humble and obedient Subjects the Clergie of this Realme of England had not onely knowledged according to the truth that the Convocation of the same Clergie were alwayes had bin and ought to bee assembled by the Kings Writ but also submitting themselves to the Kings Majesty had promised in verbo Sacerdotii that they would never from thenceforth presume to attempt alledge claime or put in uâ—e or enact promulge or execute any new Canons Constitutions Ordinances provinciall or other or by whatsoever other name they should bee called in the Convocation unlesse the said Kings most Royall assent and license might to them be had to make promulge and execute the same and that the said King did give his most Royall assent and authority in that behalfe It was therefore enacted by the authority of the sayd Parliament according to the said submission and Petition of the said Clergie amongst other things that they nor any of them from thenceforth should enact promulge or execute any such Canons Constitutions or Ordinances provinciall by whatsoever name or names they might be called in their Convocations in time comming which alwayes shall bee assembled by authority of the Kings Writ unlesse the same Clergie might have the Kings most Royall assent and license to make promulge and execute such Canons Constitutions and Ordinances provinciall or Synodall upon pain of every one of the said Clergie doing contrary to the said Act and being thereof convict to suffer imprisonment and make fine at the Kings will c. Know ye that We for divers urgent and waighty causes and considerations Vs thereunto especially moving of Our especiall Grace certaine knowledge and meere motion have by vertue of Our Prerogative Royall and supream authority in Causes Ecclesiasticall given and granted and by these presents do give and grant full free and lawfull liberty license power and authority unto the most Reverend Father in God William Lord Arch-Bishop of Canâ—terbury Primate of all England and Metropolitan President of this Convocation for the Province of Canterbury and to the rest of the Bishops of the same Province and to all Deans of Cathedrall Churches Archdeacons Chapters and Colledges and the whole Clergy of every severall Diocesse within the said Province that they or the greater number of them wherof the said President of the said Convocation to be alwayes one shall and may from time to time during our will and pleasure propose conferre treat debate consider consult and agree upon the exposition or alteration of any Canon or Canons now in force and of and upon such other new Canons Orders Ordinances and Constitutions as they the said Lord Arch-bishop of Canterbury President of the said Convocation and the rest of the said Bishops and other the Clergie of the same Province or the greater number of them wherof the sayd Lord Arch-bishop of Canterbury President of the said Convocation to be one shall thinke necessary fit and convenient for the honor and service of Almighty God the good and quiet of the Church and the better government thereof to be from time to time observed performed fulfilled and kept as well by the sayd Lord Arch-bishop of Canterbury the Bishops and their successors and the rest of the whole Clergy of the sayd Province of Canterbury in their severall callings offices Functions Ministeries degrees and administrations as also by all and every Deane of the Arches and other Iudges of the sayd Arch-bishops Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officialls Registers and all and every other Ecclesiasticall Officers and their inferiour ministers whatsoever of the same Province
of Canterbury in their and every of their distinct Courts and in the order and manner of their and every of their proceedings and by all other persons within this Realme as far as lawfully being members of the Church it may concerne them And further to conferre debate treat consider consult and agree of and upon such other points matters causes and things as we from time to time shall deliver or cause to be delivered unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation in writing under Our Signe Manuell or privie Signet to be debated concluded consulted and concluded upon the sayd Statute or any other Statute Act of Parliament Proclamation Provision or restraint heretofore had made provided or set forth or any other cause matter or thing whatsoever to the contrary notwithstanding And we do also by these Presents give and grant unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation and to the rest of the Bishops of the said Province of Canterbury and to all Deanes of Cathedrall Churches Archdeacons Chapter and Colledges and the whole Clergy of every severall Diocesse within the said Province full free and lawfull liberty licence power and authority That they the sayd Lord Archbishop of Canterbury President of the sayd Convocation and the rest of the sayd Bishops and other the Clergie of the same Province or the greater number of them whereof the sayd President of the sayd Convocation to be one all and every the sayd Canons Orders Ordinances Constitutions matters Causes and things so by them from time to time conferred treated debated considered concluded and agreed upon shall and may set down in writing in such forme as heretofore hath been accustomed and the same so set down in writing to exhibite and deliver or cause to be exhibited and delivered unto Us to the end that we upon mature consideration by us to be taken thereupon may allow approve confirme and ratifie or otherwise disallow annihilate and make voyd such and so many of the sayd Canons Orders Ordinances Constitutions matters causes and things so to be by force of these Presents considered consulted and agreed upon as wee shall thinke fit requisite and convenient Provided alwayes that the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be considered consulted or agreed upon as aforesaid be not contrary or repugnant to the Liturgy established or the Rubrick in it or the nine and thirty Articles or the Doctrine Orders and Ceremonies of the Church of England already established Provided also and our expresse will and commandement is That the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be by force of these presents considered consulted or agreed upon shall not be of any force effect or validity in the Law but only such and so many of them and after such time as we by our Letters Patents under our great Seale of England shall allow approve and confirme the same any thing before in these presents contained to the contrary thereof in any wise notwithstanding c. In witnesse whereof We have caused these our Letters to be made Patents Witnesse Our selfe at Westminster the twelfth day of May in the sixteenth yeare of our Reigne Per Regem Ipsum Willys To which I shall adde the Kings further Warrant for making a particular Canon and Oath in the late Convocation Charles R. MOst reverend Father in God right trusty and right entirely beloved Councellour Right reverend Fathers in God right trust and well-beloved and trusty and well-beloved We great you well Whereas We out of our meere grace and favour and for the good and peace of the Church have granted to you our Arch-Bishop of Canterbury free leave and licence under our great Seale of England bearing date the twelfth of this instant May to propose treat and conclude upon all such necessary Articles and Canons which you shall finde fit to be ordered for the peace and government of this Church Provided that you shall thereby have no power to meddle with nor alter any thing ratified and confirmed by Act of Parliament And whereas we have further in that Licence which we have granted unto you reserved power to our selfe to command you to propose treat and determine of any such thing or things as we shall recommend unto you under our Signe Manuall or Signet These are therefore to will and require you to propose treat and conclude upon such a Canon as may secure us and all our loving subjects against all growth and encrease of Popery in this our Kingdom as also of any hereticall or schismaticall opinions to the prejudice of the doctrine or discipline of this Church of England established by Law And that in this case you agree upon some Oath to be taken by your selves and all the Clergie respectively and by all which shall hereafter take upon them holy Orders that they shall adhere constantly to the doctrine and discipline here established and never give way for so much as can any way concerne them to any innovation or alteration thereof And when you have made this Canon and inserted this Oath we require you to present it to us that we may advise upon it and if upon mature consultation we approve it we shall confirme it and then give you power under our great Seale both to take the said Oath your selves and to administer it to all such as the Canon appoints Given under our Signet at our Court at White-hall the seventeenth day of May in the sixteenth yeere of our Reigne To the most Reverend Father in God our right trusty and right entirely beloved Councellour the Lord Arch-bishop of Canterbury Primate and Metropolitane of all England To the right Reverend Fathers in God our right trusty and well-beloved the Lords Bishops and to our trusty and well-beloved the rest of the Clergie now assembled in Convocation 3 ly by the Kings letters Patents for Confirmation of those Canons after they were made presented to be confirmed by him In the first canon whereof they thus truly resolve That a supream Power is given to this most excellent Order of Kings by God himself in the Scriptures which is That Kings should rule and command in their severall dominions all persons of what rank or estate soever whether Ecclesiasticall or Civill and that they should restrain and punish with the temporall sword all stubborn and wicked doers The care of Gods Church is so committed to Kings in the Scripture that they are commended when the Church keeps the right way and taxed when it runs amisse and therefore her government belongs in chief unto Kings For otherwise one man would be commended for anothers care and taxed but for anothers negligence which is not Gods way The power to call and dissolve Councels both nationall and provincial is the true right of all Christian Kings within their own Realms or Territories
of Florentius Wigorniensis records Among other things it was there decreed that Priests should not from thence forth marry That no married man should be made a Priest and that those Priests who were married should be either devorced from their wives or deprived of their livings Iohn de Crema there alleaging That it was an unseemely thing for a Priest to rise up from the side of an Harlot so hee called Priests wives and to goe and to make the body of Christ The Priests being much incensed at these Constitutions and very angry with this Legate the chiefe Author of them knowing him to be a leacherous companion watched him so narrowly that the very same night these Canons were ratified though himselfe had that very day consecrated the Sacrament and so made the body of his Saviour as hee thought they tooke him in bedde with a notable Where In excuse of which falt of his which was very publike and notorious he said that hee himselfe was no Priest but a corrector of Priests hee might better have alleadged if his owne reason were good that hee did it after hee had consecrated and made Christs body not before it and so he departed privily 〈◊〉 of England with shame the Priests by this meanes keeping their Wives for a time alleaging that it was better for them to lye with their own Wives then with Where 's or other mens as this lecherous Legate did In the yeare of our Lord 1127. William Archbishop of Canterbury by King Henry the first his assent called a Councell at Saint Peters in Westminster of all the Bishops Abbots and religious Persons of England there flocked thither also * Magnae multitudines Cloricorum Laicorum tam divitum quam mediocrium factus est Conventus grandis et inestimabilis saith the Historian Something 's were there debated somethings determined some things adjourned some things by reason of the tumult of the raiging people cast out from the Audience of the Judges but those things which were there decreed and established in the Councell it selfe by the consent of the Bishops At they were there publikely Recited and received I thought good saith he to note in this manner Then he reites the Canons and constitutions of this Councell and conclude thus Auditis Concilii gestis consensum prebuit authoritate Regia et potestatate conceffit et confirmavit Staâ—ta Concili c. Having heard the Acts of the Councel read the K. assented to them and by his regall authority and power passed and confirmed the statuts or Canons of the Councell celebrated by William Archbishop of Canterbury and Legate of the holy Church of Rome at VVestminster Anno 1138. King Stephen on the fourth of Aprill held a Councell at Northampton in which â—urstlain Archbishop of Yorke was Prefident the Prelats Abbotts Earles Barons and all the Nobility of England being present at it The Bishoprick of Exeter then voyd by the death of William Warwast one Robert an Arch-deacon was elected Bishop of that See by the consent and suffrage of the Councell which likewise nominated and chose two Monks to be Abbotts of VVincelcombe and of Saint Maries in Yorke being then vacant The same yeare there was a Councell held at London wherein Theobald was chosen Arch-bishop of Canterbury Annuente Rege by the Kings consent Anno 1139. There was a Councell kept at VVinchester under Henry Bishop of VVinchester the Kings Brother and Legate to the Pope where Theobald Archbishop of Canterbury and all the Bishops there present ad pedes Regis devoluti sunt c. cast themselves downe at the Kings feet most devoutly and earn estly beseeching him to restore Roger Bishop of Salisbury and Alexander Bishop of Lincolne to their possessions and they would willingly pardon all the injuries the King had done them But the King despising the venerable supplication of so many great Prelates suffered them to obtaine no part of their request In the yeare of our Lord 1142. VVilliam Bishop of Lincolne as some record or VVilliam or Henry Bishop of VVinchester as others calhim held a Councell at London at which King Stephen was present where in it was decreed et Generaliter constitutum and generally ordained That he who violated a Church or Churchyard or laid violent hands on any Priest or Religious person should be excommunicated and not absolved but by the Pope The King writes Nubrigensis Concilio Benigne interfuit et favoris Regij Suffragium non negavit was graciously present at the Councell and denied not the suffrage oâ—his royall savor to its constitutions which without his confirmation had beene of no validitle By vertue of which constitution ratified in this manner If any laid violent hands on a Priest or Religious Person he might sue in the Spirituall Court to have him excommunicated and doe penance for it but not for dammages and no Prohibition could legally be granted to stay the proceedings there Anno 1152. There was a Synod held at London under Theobald Archbishop of Canterbury In which King Stephen with Eustace his Sonne were present The King required the Synod to consent to create Eustace King to which they could not be brought being inhibited by the Popes Letters and mandate to doe it Therefore the King and Eustace incensed with anger shutting them in and befieging them did evermuch vex and disquiet them that they might effect that by feare and terror which they could not doe by authority and favour And soe most of them were reduced to the Kings becke But Theobald the Archibishop departing privity and most craftily out of the Synod carried through the Thames in a Boate to the Sea side entered into a ship and passed into the parts beyond the Sea with whose departure the King being much more disturbed banished him againe with others and confiscated all his goods Anno 1159. There was a great Scisme at Rome betweene Pope Alexander and Victor concerning the Papacie hereupon Frederick the Emperor assembled by his Writ the Bishops of Italie and Germanie together to Papia to Councell where the Emperor his Dukes and Captaines were present who swaying the Councell Victor to whom the Emperor inclined was elected and declared to be the true Pope and successor of Peter and sentence given against Alexander by a Generall decree as against a Scismaticke and rebell to God Amplexus est Imperator cum omni frequentia Ducum et Procerum acta Concilij panam non recipientibus comminatus writes Neubrigensis After which the Emperor solicited the illustrious Kings of France and England by all meanes he could that to perpetuate mutuall amity they would consent to him in this they being inclined hereto cautelously suspended their sentence untill they should more fully know the truth of so doubtfull a businesse and thereupon they also called a famous Councell of Bishops and Nobles out of both their Kingdomes in a fitting time and place where the businesse was fully debated by Guido
HERETIQVES limiting the maner of proceeding against them defining what shal be heresie how it shall be punished and abridging the Authority of the Bishops and Canon Law ch 16. concernes Pluralities ch 19. containes the submission of the Clergy Convocation to the King declares the Kings supremacy in causes Ecclesiasticall the impotency of the Clergy or Convocation to make or promulge any Canons or Ecclesiasticall constitutiâ—ns or to debate any thing in Convocation without his Royall Lycence and approbation The Nullity and invalidity of the Canon Law abolisheth all appeales to Rome and Authorizeth 32. persons whereof halfe to be of the Clergy the other halfe of THE LAITY to survay the Canon Law and to compile a body of the Canon Law to be authorized by the King under his Great Seale by vertue of this Act for to be the only Canon Law to be used within this Realme Chap. 20. takes away the payment of any Annates oâ— first fruits to the Bishop of Rome nullifies his usurped power and Buls settles the forme of electing and consecrating Archbishops and Bishops within this Realme and plentifully manifests the Kings and Parliaments Jurisdictions in Ecclesiasticall affaires chap. 21. doth the like exonerating the Kings Subjects from all exactions and Impositions heretofore payed to the Sea of Rome and enabling the Archbishop of Canterbury and his Officers to grant all Licences and dispensations within the Realme which were formerly granted at Rome only The Statute is worthy perusall consideration fully demonstrating the power of the Parliament in Church affaires 26. H. 8. c. 1. declares the Kings Highnesse to be supreme head of the Church of England under Christ making it a part of his Royall Title and to have Ecclesiasticall authority to redresse and reforme all Errors Heresies and abuses in the Church punishable by any spirituall or ecclesiasticall Law Chap. 3. enacts The payment of the first fruits of all Dignities Benefices promotions spirituall and tenthes to the King and his Heires abolishing the Popes usurpations and authority herein ch 13. abolisheth sanctuarie in cases of High Treason ch 14. Authorizeth the nomination and consecration of suffragan Bishops in sundry places of this Realme and both creates and limits their authority chap. 15. takes away some exactions of spirituall men within the Archdeaconry of Richmond 27. H. 8. c. 8. limits that the Kings spirituall Subjects shall pay no Tithes whiles they are in their first fruits ch 15. authorizeth the King to nominate 32. persons halfe of the Clergy the other of the Laity for the perusall and making of Ecclesiasticall Lawes and manifests the Convocations invalidity to make such lawes or Canons ch 19. Limiteth and abolisheth Sanctuaries and sanctuary persons ch 20. containes an Order touching the paying of Tithes throughout the Realme ch 21. Limits the maner of payment of Tythes within the City of London ch 27. suppresseth divers Monasteries Priories and Religious Houses vesteth their revenues in the King and erects the Court of Augmentations 28. H. 8. ch 10. extinguisheth thes authority of the Bishop of Rome prescribes an Oath of abjuration of it and Popery together with the Popes usurpations and excellently sets forth the Kings supreamacy the Parliaments authority in matters ecclesiasticall as you may read in the Act worthy perusall ch 11. enacts Restitution of the first fruits in time of vacation to the next incumbent ch 13. compells spirituall persons to residence upon their livings ch 16. Releaseth such as have obtained pretended Licences and dispensations from the Sea of Rome 31. H 8. c. 6. enables such as were Religious persons to purchase lands to sue and be sued in al maner of Actions which they were disabled formerly to do by the Common Canon Law ch 9. Enables the King to make Bishops by his Letters Patents only and to erect new Bishopricks which he did ch 13. disolves all Monasteries and religious Houses and vests them in the King wherein you may behold much of the Kings and Parliaments power in Church businesses ch 14. For abolishing of diversity of opinions in matters of Religion most fully and exactly demonstrates the Kings and Parliaments jurisdictions in matters of Religion as the whole Act sufficiently manifests though the Articles therein defined were erronious and the Act too cruell and bloudy 32. H. 8. cap. 8. provides for the true payment of Tythes and offerings chap. 10. containes the punishment of incontinent Priests and of women offending with them ch 12. concernes Sanctuaries and the priviledges of Churches and Church-Yards ch 15. prescribes the manner of proceeding against Heretickes and impugners of the Act for abolishing of enormious opinions in Christian Religion chap. 23 24. concernes Accounts of Bishops and subsidies granted by the Clergie chap. 25. Dispences the Kings marriage with the Lady Iane chap. 24. Dissolves the Hospitalls of Saint Johns of Ierusalem in England and Ireland for supporting and maintaining the supremacy and jurisdiction of the Bishop of Rome contrary to their duty and Allegiance chap. 26. Intitled An act concerning true opinions and Declaration of Christs Religion is most pregnant to our present purpose which you may peruse chap. 38. Concerning precontracts of marriages and degrees of consanguinity is likewise a most punctuall Act for the Kings and Parliaments Ecclesiasticall power and chap 44. 45 47. good evidences of it 33. H. 8. chap. 15. 27 28 29 30 31 32. Enabling Religious persons to sue and bee sued severing the Bishopricks of CHESTER and Isle of MAN from the jurisdiction of CANTERBURY to the See of Yorke making the Church of Whitgate a Popish Church by it selfe and severing it from the Parish of Over which I wish our Independents to observe and to learne from this and other Acts that no new Churches or Parishes can be erected legally but by act of Parliament which none of their Churches are 34. and 35. H. 8. c. 1. intituled An act for The advancement of true Religion and For the abolishing of the contrary is most pertinent to our purpose and c. 15. 17 19 35. H. 8. c. 9. for ratification of the Kings stile and Title of Defender of the Faith and supreame head of the Church of England and Ireland ch 6. Concerning the qualification of the Statute of the 6. Articles c. 16. concerning the examination of the Canon Lawes by 32. persons halfe of the Clergie and halfe of the temporalty to be named by the Kings Majesty during his life to compile a body of the Canon Law to bee used in the Realme 37. H. 8. c. 4. 12. but especially ch 17. That Doctors of civill Law may execute Ecclesiasticall jurisdiction though Laymen and married a Law worthy reading and chap. 21. For the union of Churches not exceeding the value of 5l which could not be done but by Act of Parliament are all most pregnant evidences of the Kings and Parliaments indubitable Ecclesiasticall jurisdictions in matters of Discipline Religion Church-government and all Church affaires whatsoever The Statutes made in King
Edward the 6. his Reigne are most punctuall and pegnant evidences hereof as namely 1. Edw. 6. ch 11. For administring the Sacrament in both kindes therein proved necessary by sundry Texts of Scripture and punishing such persons as shall unreverently speake against the Sacrament with Temporall and Ecclesiasticall censures ch 2. concerning the election and creation of Bishops by the Kings Letters Patents and what Processe and Seales they shall use declaring that they have no Ecclesiasticall jurisdiction but meerely from the King ch 9. For uniting certaine Churches within the City of Yorke ch 12. which abolisheth Sanctuaries and Clergy in some cases 2. and 3. E. 6. ch 1. For the Vniformity of service and the administration of the Sacraments throughout the Realme ch 13. For the true payment of Tythes ch 19. For abstinence from flesh ch 20. Concerning Recusants ch 23. For positive Lawes made against the Mariage of Priests ch 23. The repeale of a Statute touching Precontracts of Mariage 3. and 4. E. 6. ch 10. For the abolishing and putting away of diverse superstitious Popish Books and Images chap. 11. That the Kings Majesty may nominate and appoint 32. persons halfe Clergy-men and halfe Laymen to peruse and make Ecclesiasticall Lawes ch 12. For the manner of Ordaining Ecclesiasticall Ministers and Consecrating Bishops ch 15. Against fond and phantasticall Prophecies 5. and 6. E. 6. ch 1. For the uniformity of Common Prayer and administration of the Sacraments ch 3. For the keeping of Holy-dayes and Fasting dayes ch 4. Against fighting and quarelling in Churches and Church-Yards ch 12. For the lawfulnesse of Priests Mariage and legitimation of their children chap. 13. Touching Religious persons and c. 23. Against Vsurie All these are clearely Ecclesiasticall Acts yet made by Parliament The Statutes in Queene Maries Reigne though of a different Religion from her brother and a zealous Pontifician sufficiently evidence the jurisdiction of our Princes and Parliaments in matters of the Church and Religion witnesse 1. Mar. Parl. 1. Ses 2. Chap. 2. Repealing diverse acts-made touching Religion in King Edward the 6. his Raigne and setting up Masse and the old Lyturgies againe chap. 2. Against Offendors of Preachers and other Ministers in the Church or Church-Yard or interrupting them in their Sermons or saying Masse under paine of imprisonment fines and Ecclesiasticall censures chap. 15. For re-edifying the parish Church of Saint Ellins in Stangate 1. Mariae Par. 2. c. 1. Declaring That the Regall power of this Realme is in the Queenes Majesty as fully and absolutely as ever it was in any of her most Noble Progenitors Kings of this Realme chap. 3. Being an Act of Repeale of two severall acts in the 7. yeare of King Edward the 6. touching the dissolution of the Bishoprick of Durham Chap. 9. Touching Ordinances Rules c. in Cathedrall Churches and Schooles c. 10. Repealing a statute for the uniting of the parish Churches of Onger and Greensted in the County of Essex 1. and 2. Phil. and Mary chap. 6. For the reviving of three Statutes made for the punishment Of Heresies and that with forseiture of Lands imprisonment and death in some cases chap. 8. Intituled an Act repealing all Statutes Articles and provisions made against the See Apostolike of Rome since the 20. yeare of King H. 8. and restoring the Bishops with their Courts offices the Pope himselfe to their former usurped jurisdictions in England ratifying this Popes very Bulles and dispensations to make them valid and setling the whole affaires of the Church of England chap. 9. 20. For the punishing of traiterous Sermons and Prayers against the Queene chap. 17. Concerning leases of some spirituall persons and 2. and 3. Phil. and Mary chap. 4. For the extinguishment of first fruits c. All Ecclesiasticall Statutes In Queen Elizabeths happy Raigne there are sundry Statutes abundantly manifesting her own and the Parliaments supreame Iurisdictions and Legislative power in matters of Religion Church-government Discipline c. as namely 1 Eliz. c. 1. An Act restoring to the Crowne the ancient Jurisdiction OVER THE STATE ECCLESIASTICALL SPIRITVALL and abolishing all fortaigne power repugnant to the same which gives the Queen her heires and successors all manner of Ecclesiasticall Iurisdiction in and over all Ecclesiasticall persons and causes and power to correct redresse and reform all manner of HERESIE SCHISME ERRORS ABVSES OFFENCES ECCLESIASTICALL prescribes the oath of Supremacy which all are to take and most Independents have formerly taken wherein they do utterly testifie and declare in their consciences that the Queen and her Successours are the onely supreame Governours of this Realme and other their Dommions as well IN ALL SPIRITVALL OR ECCLESIASTICALL THINGS OR CAVSES as temporall c. which jurisdiction of theirs they sweare to their power to assist and defend Which oath if any refuse to take hee shall forseit all his Ecclesiasticall promotions and temporall offices This Act likewise abolisheth the Popes jurisdiction under pain of a praemunire and other mulcts against the maintainers of it It determines what shall be adjudged HERESIE and what not namely Only such matter and cause as heretofore hath been determined ordered and adjudged to be heresie by the authority of the Canonicall Scriptures oâ— by the first foure generall-Councels or any of them or by any other generall Councell wherein the same was declared heresie by the expresse and plain words of the Canonicall Scripture or such as hereafter shall be ordered IVDGED OR DETERMINED TO BE HERESIE BY THE HIGH COVRT OF PARLIAMENT OF THIS REALME with the assent of the Clergy in their Convocation to wit by way of assistance and advice cumulatively not negatively as if their assent were simply necessary So as by this Act the Parliament is made the sole proper Iudge what is or shal be reputed punished as heresie what not how it shal be punished the highest point of Ecclesiasticall jurisdiction Ch. 2. For the uniformity of Common prayer and service in the Church and administration of the Sacraments enjoyning conformity under temporall and Ecclesiasticall punishments is an irrefragable proofe of the Parliaments Ecclesiasticall power in all Church matters and 1 Eliz. c. 3. 4. 6. 5 Eliz. c. 1. For the assurance of the Queens royall power over all States and Subjects within her Highnesse Dominions ch 23. For the due executing of Writs de Excommunicato capiendo ch 28. For translating of the Bible and divine Service into the Welch tongue 8 Eliz. c. 1. Declaring the manner of making and Corsecrating the Archbishops Bishops and Ministers of this Realm to be good lawfull and perfect ratifying the Booke of common Prayer and of Ordination together with the Queens Soveraigne Ecclesiasticall Authority 13 Eliz. c. 2. Against the bringing in and putting in execution of Bulls and other instruments of the See of Rome chap. 8. Against Usury ch 19. concerning Dilapidations c. 12. To reforme certain disorders touching Ministers of the Church ratifying the 39.
the Lords and Commons in this present Parliament assembled That all and every the personâ— 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 Esquiâ—e Sir Henry Vane Knight Senior Iohn Glyn Esquire Recorder of London Iohn White Esquire Bouldstrode Whiâ—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 fortâ—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 conâ—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 pâ—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 Assemblâ— 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
from Laity and Clergy Protestants of all sorts as well Presbyterians aâ— Independents yea from Antinomians Anabaptists Brownists and Schismatickes of all sorts to reforme Religion especially Church-government set up the Ordinances and worship of God in their purity and settle all matters of Doctrine Discipline Government by Act of Parliament as neere as might be to the word by the assistance of a godly learned Assembly of Divines the daily calling of Ministers of all sorts upon the Parliam to pursue this work the prayers of all piously affected to Almighty God both publickly and privately to assist them extraordinarily from Heaven in this great weighty spirituall building together with the Assemblies submission of all their determinations to the Parliaments alteration approbation or rejection and the Independents own addresses Petitions late tender of the reasons of their dissent from the Assembly to them is to my weak approbation a most irrefragable Argument and publicke acknowledgement of their undoubted right and Legislative power in all Ecsiasticall affaires of what nature and quality soever and that all parties ought readily to submit to their just determinations in point of practise and obedience in all these particulars whereof they have thus unanimously and importunately from time to time petitioned them to be Iudges There is no party or Sectary whatsoever which hath formerly petitioned them in this kinde but would preach and write for universall obedience to that forme of Church-government the Parliament should settle and establish provided it suited fully with their particular way which they judge the truest and most consonant to Scripture and if they should once authorize or settle the Independents hitherto concealed way I am confident they would all preach universall obedience submission to it under pain of contumacy haeresie schisme and the severest penalties Ecclesiasticall or civill since they write as much in effect already in their Pamphlets and that this their way may reasonably yea and upon higher terms then of reason be thought in time that it cannot but overthrow all other sorts of Ecclesiasticall Government and stand up it selfe in their stead If then every side be of this minde in case the Parliament determine for their party then why should not all be willingly concluded satisfied with what they shall rightly determine be it for or against their way since they have all appealled to their judgements alike which must either be altogether fruitlesse and un-obliging to any or els indifferently binde all to voluntary or enforced conformity Add to this that all or most of our opposites in this point of Parliaments juriâ—diction and Legislative power in Ecclesiasticall matters have freely submitted themselves to the Protestation Vow and solemne Nationall Covenant imposed and prescribed by the Parliament which enjoyne them under paine of highest Perjury with their lives and estates to maintain and defend the ancient rights and priviledges of Parliament and this we now debate as well as any other That they have generally acknowledged and obeyed the Parliaments Iurisdiction in prescribing publick monethly Fasts and others upon speciall occasions with publicke dayes of thanksgiving together with their power and Ordinances to suppresse all prophanations of the Lords day with many other abuses Sects Errors in Church affaires which hath for ever estopped them to quarrell or deny the Parliaments Legislative Iurisdiction in any other particulars of Church-government Discipline or Religion which suite not with their humors or opinions I shall conclude this point concerning Our own Parliaments Ecclesiasticall jurisdiction with the determination of our incomparable Jewell which hath more reall worth and value in it then the contrary opinion of thousands of opposites being alwayes hitherto reputed the received Doctrine of the Church of England and with Bishop Bilson a very solid Writer This reverend learned Jewell in his Apologie hath this passage concerning the establishment of the Protestant Religion among us That the matter hath been treated in open PARLIAMENT with long consultation and before a notable SYNOD and CONVOCATION Master â—â—â—ding his Antagonist Anâ—â—gonist answering thereunto just as some Independenâ—â— and others who protest they have abjured all Popery though they follow it herein to an haires breadth do now The Parliaments of these later dayes did make most of you and yet how open was it for you had ye any plaâ—e at all in it were ye admitted within the doores or had ye any thing to do in that assembly Did they tarry many moneths about it had they Bishops had they Divines and the most learned to reason too and fro with all Liberty c. How many of the spirituall Lords a great part of the Parliament and without all doubt the part which must be chiefly and only regarded when the questiones of Religion gave their voyce to your Gospell yea which of them did not resist it save 〈◊〉 alone c If they will needs have their matters to depend of THEIR PARLIAMENT let us not be blamed if we call it PARLIAMENT RELIGION PARLIAMENT GOSPEL PARLIAMENT FAITH This learned Bishop returnes the ensuing reply to him That the Parliament war summoned by royall Authority confirmed and concluded in Order as heretofore hath been used That a Parliament might be held and Acts passed without the consent and agreement of Lords Spirituall for which he produceth sundry examples Farther whereas ye call the Doctrine of Christ that now by Gods great mercy and to your great griefe is universally and freely preached a PARLIAMENT RELIGION and a PARLIAMENT GOSPEL for such sobriety becometh you well and may stand you instead when learning fayleth ye might have remembred that Christ himselfe at the begining was universally received and honoured through this Realme BY ASSENT OF PARLIAMENT and further that WITHOUT PARLIAMENT your POPE himselfe was never received no not in the late time of Queen Mary yea and even then his Holinesse was clogged with PARLIAMENT CONDITIONS that whatsoever had beene determined in Parliament and was not repealed were it never so contrary to 〈…〉 and Canons should remain still inviolable and stand in force 〈…〉 Holinesse had gone home again Such Master Harding is the Authority of a Parliament Verily it Parliaments of Realmes be no Parliaments then will your Pope be no Pope Therefore as you now call the truth of God we professe a Parliament Religion and a Parliament Gospel even so with 〈…〉 and gravity of speech you might have sayd our Fathers in old times had a Parliament Christ And your late Fatherâ— and Brethren had of late in the time of Queene Mary a Parliament Faith a Parliament 〈◊〉 a Parliament Pope Neither is it so strange a matter to see Ecclesiasticall causes debated in Parliament read the Lawes of King Inas King Elâ—â—ede King Edward King Ethelstan King Edmond King 〈◊〉 King Canute and ye shall finde that our Godly Forefathers the Princes and Peers of this Realme never vouchsafed to entreat of matters of Peace of Warre or otherwise touching the
out of which the Independent Brethren CONCEIVE AN IMPOSSIBILITY that a spirituall extraction should be made That a man may as well bring a cleane thing out of an uncleane in Iobs expression as make A SPIRITVALL EXTRACTION out of this SECVLAR ROOT who have NO Authority nor power from Christ to nominate or appoint who shall be the men that shall order the affaires of Christs Kingdom or institute the government of his Church That therefore there is AN IMPOSSIBILITY that a legitimate Ecclesiasticall power should according to the minde of Christ or any precept or prefident of Scripture be by them conferred VPON ANY MAN OR THAT THE PERSONS SO ELECTED SHOVLD HAVE A POWER by vertue of such nomination or election TO ENACT LAWES OR STATVTES IN MATTERS OF RELIGION and TO ORDER VNDER MVLCTS PAENATIES HOW MEN SHALL WORSHIP and SERVE GOD c. Are diametrally opposite to the ancient priviledges and undoubted Ecclesiagicall Authority of Parliaments which they pluck up by the very roots and altogether as bad as if not far worse than Bishop Laudes with whom he symbolizeth in this particular which I have elswhere answered fully resuted These Passages of his were first unseasonably vented by him in a Sermon in Colemanstreet 25 February 1643. to what other end unlesse to prepare his Auditors to slight or reject what ever forme of Church-government the Parliament should prescribe or settle I cannot discerne for which with other particulars being questioned before the Committee for plundered Ministers even pending the complaint there he presumed to justifie them againe very unseasonably in the Pulpit on a solemne Fast day and likewise in two printed Books to one wherof he prefixed his name in high affront of that Committee which suspended him and contempt of the Parliaments Authority not to be paralleld in any age by any person for ought I finde Which audaciousnesse of his who pretended so much respect and honour to the Parliament heretofore engaged me according to my Covenant and Protestation to give a publicke answer in print to these scandalous passages in vindication of the Parliaments indubitable Right and Priviledge to intermeddle in and make Lawes for all Church matters as I have manifested by a cloud of witnesses in all ages in the foregoing Section and so farre incensed the Committee against him that they sequestred him from his living in Colemanstreet for the very things I mentioned in my Full Reply c. and ordered the passages in his Sermon and Theomachia to be specially reported to the House with all expedition as an unsufferable affront and presumptnons under mining of their Priviledges which they could neither in honour nor justice connive at without exemplary punishment and censure And yet this Gentleman since this censure hath had the boldnesse in another Pamphlet of his to which hee hath prefixed his name Intituled INNOCENCIES TRIVMPH an unfitting Title for a sequestred Nocent to deny those very matters of fact which he voluntarily confessed in my hearing before the Committee for which he was sequestred and to justifie his forementioned scandalous passages in such a daring way as cannot bee paralleld For first he professeth p. 2. That he hath not denyed the least dram or scruple of that power belike he hath weighed it exactly in the scales which is truly Parliamentary and consistent with the Word of the great and glorious God of which misdemeanour he is not in the least measure conscious to himselfe as yet This manifestes him incorrigible impenitent after censure proclaims him that which this whole Pamphlet vainly endeavours to acquit him from One who hath presumptuously undermined the undoubted Priviledges of Parliaments and here trebles in his former offences Secondly he averreth that what he formerly preached and writ was out of a loving tender affectionate jealousie over the Parliament lest possibly they might dash their foot against that stone by which all Rule all Authority and power will one day be broken in pieces So that if his tongue or pen have in the least miscarried in this point it was Error Amoris not Amor erroris he being extreamly jealous over the Parliament lest they should touch with any Title or claime the most sacred and incommunicable Royalties and privilledges of Heaven and so count it no robbery to make themselves equall to God knowing most assuredly that this is a most high provocation to the eyes of the most High and IF CONTINUED IN will kindle a fire in the breast of him whose name is Iehovah which will consume and devoure c. But good Sir first can any rationall man thinke though you should protest it ten thousand times over that such Anti-Parliamentary passages as yours are should proceed from your love to Parliaments The blindest charity I feare will hardly credit it that a friend to Parliaments should thus successively Preach and Print against their jurisdiction more desperatly than the worst Malignant Royalist Cavalier or the Arch-Prelate himselfe as you have apparently done Secondly If this proceeded from such affectionate jealousie over the Parliament I pray what made you so strangely if not maâ—gnantly jealous over them as to feare and presume they might dash their feet against that stone by which all power shall bee broken in peeces claime the most sacred and incommunicable priviledges and royalties of Heaven to themselves and count it no robbery to make themselves equall with God Did the Parliament ever give you the least colour or occasion of any such uncharitable unchristian that I say not detestable jealousie could you have harder or more jealous thoughts than these of the very Pope or Turke himselfe or of that great Antichrist who exalts himselfe above all that is called God Can such jealousies as these issued from any but a rancorous or disaffected heart against Parliaments or did ever such execrable jealousies as these proceed from the heart tongue much lesse the pen of any Oxford Aulicus or most venemous Malignant to our Parliament Doe their calling of an Assembly of most pious and conscientious Divines of all sorts to reforme our Church and conforme its Government Discipline in all things as neere as possible to the Word of God with all their religious proceedings in this kinde infuse any such jealousie into you If not then for shame retract these your groundlesse fanaticke jealousies of and uncharitable hard thoughts against the Parliament else the world will censure you an Arch-Malignant and the greatest Enemie to our Parliament that ever yet appeared openly in Presse or Pulpit within the lines of Communication if not without them to Thirdly had you had any just cause of such a jealousie yet it had bin your duty to have privately informed your friends in Parliament with it in a brotherly Christian way but to publish these your brain-sick jealousies and suspitions of them behind their backs in open Pulpit and then to the whole world in print of purpose to make your Auditors Readers jealous of
and of absolute authority within it self subject to no other Jurisdiction then that of Christ his Word and Spirit and not to any other particular Congregation Synod or Nationall Church or humane power whatsoever Therefore the Parliament and Assembly can make no Canons nor Rules to binde it nor prescâ—ibe any Church-government or Discipline to it Brother this is the summe of your whole Book and it grieves me to see so many strange Parodoxes piled up together to support an Independent Fabrick by one of your yeares and Iudgement Give me leave therefore to discover your manifold over-sights in this particular by such demonstrations as you shall not be able to gain say First then I say that the whole Church of Christ is but one intire Mysticall Body whereof Christ is the supreame Spirituall Head and Governour and all particular Churches only members of this intire Body as the head hand feet are members of the Naturall Body not absolute bodies of themselves as every house or Parish in a City is a member of the whol City Every Company or Regiment in an Army a member of that Realme not absolute bodies Cities Armies Kingdomes of themselves That this is truth we have sundry expresse Resolutions of Scripture in positive tearms as the 1 Cor. 12. 12 13 14. 26. 27. and in truth the whole Chapter Ephes â— 22 23. c. 2. 14. 15. to the end c. 4. 11. to 17. c. 5. 23. to 33. Col. 1. 18. 24. c. 2. 17. 19. which you may peruse at leisure Ephes 4. 3. to 7. Endeavouring to keepe the unity of the Spirit in the bond of peace For there is ONE BODY one Spirit one Lord one Faith one Baptisme One God and Father of all who is above all and through all and in all And John 17. 20. 21. 23. Neither pray I for these alone but for them also which shall believe on me through their word THAT THEY ALL MAY BE ONE as thou father art one and I am in thee that they also MAY BE ONE IN US and may be made perfect IN ONE Hence the Scripture usually expresseth the whol Catholike Church of Christ which allages hitherto have believed to be but one so far as to make it an Article of their Creed under singular titles as the Church A WOMAN MY LOVE MY DOVE my Sister my Spouse a Garden a Vineyard a City a Congregation an Assembly Sion Jerusalem an House a Flocke a Body and the like to note it unity that it is but ONE intire spirituall Corporation though distributed into severall particular Congregations scattered â—ver the face of the whole World This being an indubitable verity strikes off the head of your Galiah and subverts the very foundation of Independent Congregations which would be absolute and compleat spirituall Bodies within themselves and no members of a Catholike or Nationall Church Secondly If all the particular Churches in the World bee in reality but one intire Body and Church of Christ then by the self-same reason likewise all the particular Congregations within one Nation Kingdome Republike united in one civill Corporation under one Head and temporall government are but one and the selfe-same Church and members one of another not absolute Independent Congregations of themselves subordinate to no other even as all the particular persons in a House make up but one Family all the particular Houses Parishes in a City but one City all the severall Cities Counties in a Kingdome one Realme and all the Nations on the earth but one world of men These cleare principles of Divinity Policy Nature experience none can or may deny unlesse he hath lost his sences or means to subvert all humane Relations and Societies And my Brother acknowledging the whole Nation of the Jewes to be but one intire Nationall Church though divided into sundry Synagogues and particular Congregations as is evident by Acts 15. 24. FOR MOSES OF OLD TIME hath IN EVERY CITY them that Preach him being read in THE SYNAGOGVES EVERY SABBATH DAY compared with Psa 74. 8. Matth. 6. 2. 5. c. 7. 1. 8. c. 9. 35. c. 23. 34. Mark 1. 21. 23. 29. 39 c. 3. 1. n. 5. 22. Luke 4. 15. to 44. c. 13. 10. c. 21. 12. John 6. 59. c. 9. 22. c. 18. 20. c. 10. 2 Acts 9. 2. 20. c. 13. 5. 14. 42. c. 14. 1. c. 17. 1. 10. c. 18. 4. 7. 13. 26. c. 19. 8. c. 22. 12. must of necessity subscribe to this conclusion issuing naturally from it that all particular Congregations in any one Christian Realm Nation Republike are but one intire Church though divided into severall squadrons for necessity and conveniency as one house is into many Roomes one City into many Streets Parishes companies wards one Kingdome into divers Counties Provinces One Parliament into severall Houses Sub-Committees as there is occasion one Armie into severall Regiments Brigades Companies Troopes Thirdly It is at clear as Noonday That in all Civill or Ecclesiasticall Corporations Congregations or Societies of men united into one common Politique Body the whol body or greater part hath by the Law of God Nature Nations a lawful inherent jurisdiction over every particular member or lesser part to make Laws and common Rules to obliege them for the safety peace benefit of the whol Body In all Parliaments Councels of State or War Cities Corporations Societies Courts of Iustice Chapters Committees yea in all elections of Magistrates Ministers Knights or Burgesses of Parliament Majors of Cities Masters Wardens of Companies heads or fellows of Colledges Church-wardens and the like the whol Body or major voyce bindes the lesser number all the whol body ever over-rules the parts And it must needs be so els there could be no Rule Order Government in any of them if one member only or the lesser part should over-rule and prescribe Lawes unto the whole or greater part not they to them The like rule holds firme and hath ever taken place 〈…〉 â—â—mall generall Nation Provinciall Parochiall or Congregation 〈…〉 Synods Convocations Assemblies or meetings in all matters of 〈…〉 Discipline Government Lawes Rules Edicts Censure Descition 〈…〉 Yea in Independent Churches themselves the Votes Orders 〈◊〉 determinations of the whole or major part of the Congregation binde all the other dissenting as well as consenting members neither will any Independent Congregation admit of any into their new society but such who shall first submit to the Covenant Orders Government Rules and Discipline that Congregation or the major part thereof hath elected established Fourthly It is a principle of the Law of Nature and common Reason which all Republikes Churches Societies of men in every age till this present have admitted that the Lawes Ordinances Decrees of the greatest Civill or Ecclesiasticall Assemblies where the whole Realme Republike Church or Nation are personally or representatively present by their deputies or Proxies obliege all inferiour Corporations Societies Churches Congregations Persons within their
severall Iurisdictions to submission and reall obedience especially when just and agreeable to Gods Word or at least to passive whiles in force where unjust or contrary to the Word Hence the publike Laws Ordinances Edicts of Parliaments and general Assemblies of the Estates have in all Kingdomes Ages without the least dispute oblieged regulated all Corporations Societies Persons within their severall jurisdictions because they are the Representative Body and supreame power of those Realms where all are virtually present and consenting when all or the major part at least assent Hence the whole World have ever held the determioations Creeds Canons Decrees of Oeumenicall Nationall or Provinciall Councels ratified by Emperors Kings and Parliaments obligatory in point of jurisdiction to all Churches persons within their jurisdictions And in truth the chiefe end use of Parliaments Councels Synods approved by God and the higher powers ordained by him is not to advise admonish perswade debate or deliver their opinions of doubts errors mischiefes for this every private man hath power to do and containes no stampe of jurisdistion Power or Authority in it But authoritatively to prescribe Lawes Canons Rules and determinations oblieging otherrs to obedience under paine of exemplary censures and penalties Sixthly It cannot be gainsayd but every man and woman in the world considered meerly as such or as single persons stript of all their naturall civill or Ecclesiasticall relations are of equall Authority and have no jurisdiction power or superiority at all one over another no more than fellow servants fellow Citizens or neighbors out of office have over one another yet look upon the selfe-same persons as they stand cloathed with their severall Relations as members of a family Corporation City Kingdome Church and their very relations make them subordinate and lyable to sundry superiour jurisdictions not only by way of counsell but command Thus children servants wives Pulpits are by a naturall relation established by a Morall Law and sundry divine Precepts subject to all the just Lawes Orders commands of their Parents Masters Husbands not onely by way of Counsell or advise which they may obey or reject at pleasure but of Iurisdiction and Authority so farre as to be enforced to obedience and justly punished for disobedience or neglect according to the quality of the offence and contempt Thus inferiours of all sorts in a politicke relation onely as subjects to their Princes to all subordinate Magistrates Officers in their respective places of power Kingdomes to their Parliaments Cities to their Majors Aldermen and Common-Councell Companies to their Masters Wardens and Assistants Souldiers to their Generals Commanders of all Rankes Schollars to their Tutors Colledges to their Rectors mariners to their Masters both by the Law of God Nature Nations Dictat of common reason are subject to all just orders Mandates of these their superiours to which they must yeeld obedienceâ— under paine of such punishments as are answerable to their contempt and disobedience The same rule and reason holds as firmely in all Ecclesiasticall Relations Take severall private Christians as Christians or severall Parishes or Congregations as they are such and it is certain one of them hath no Iurisdiction nor power at all over another in any Ecclesiasticall matters either to prescribe Lawes to or inflict censures upon one another but only a power to exhort admonish reprove advise or assist one another in a brotherly way But yet looke upon the selfe-same particular persons Churches as Members of a Parochiall or Nationall Church and then in this Relation they are and ought to be subject to the just rules precepts Canons Orders of the Ministers and whole Congregation of which they are Actuall Members even in point of conscience and every particular Church must and ought readily to submit to the just Canons Constitutions Orders determinations Ecclesiasticall Censures of the whole Representative Nationall or Provinciall Church Councell â—ynod ratified by Authority of Parliament in a Regular way under paine of Obâ—inacy Contempt Disobedience and exemplary punishment there being the selfe-same reason and equity for severall combined Churches in a Councel Synod Presbytery to have a coeâ—cive power over every particular Church within their limits as for any particular Congregation to claim or exerise a jurisdiction in point of direction or correction over any or every particular member of it Our Independents no doubt will grant that if two or three severall Congregations unite themselves into one Church they do by vertue of this union become all lyable to the Iurisdiction Canons Orders Determinations Censures of that one Church and those who whiles divided had no authority nor power but onely of their owne members have by this union a Iurisdiction over the Members of all these Churches thus eonjoyned into one As it is with several persons united into one Corporation Society Church or when severall powers Or jurisdictions meet and joyne together in one as the Parliaments Commissioners Armies of two Provinces Kingdome in one Parliament Councel Army the Lords Commons Knights and Burgesses of every County Citty Town and Burrough in both Realmes in one Parliament they have by this their union the whole power and authority of both united Kingdomes Armies Parliaments and a joynt Iurisdiction over both which they had not before whiles seperated even as a Major or King hath when as severall Cities Townes Villages Kingdoms as our ancient Saxon Heptarchy are all conjoyned into one City Realm and therby subordinated to one new Iurisdiction If this then must be yeelded to me it will inevitably follow by the selfe-same reason that severall particular Churches being united together in one Synod Councell Assembly Parliament or Presbytery even for this very end and purpose to prescribe such generall Canons erect such a uniforme Church-government and Discipline for the publicke peace and benefit of the Church as shall equally binde all Churches victually present and combined in it must have a lawfull Iuridicall Legislative power in them to make such Laws Canons as shall binde all particular Congregations not onely as advises or brotherly counsels but as vigorous Lawes which subject the particular persons or Churches who transgresse or contemne them to condigne punishment as the reasons Scriptures formerly alleaged to prove that humane Lawes obliege the conscience in point of obedience abundantly demonstrate These uncontrolable verities never yet so much as doubted in any Age till this clearely discover the falsity and vanity of my Brothers objection to which I will give this further direct answer 1. I deny that every particular Church or Congregation in a Christian State where there are many adjacent Churches under the selfe same Civill Government is an absolute compleat independent Body City or Republike of it selfe as is objected to all intents and purposes without dependency on or relation or subordination to any other True it is that in some respects so far as concerns its own private interest it is a compleate body having a Minister