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

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Henry the first summoned another Councell about Easter ad Curiam suam apud Londoniam cunctis Majoribus Regni having assembled to his Court at London not only his Archbishops and Bishops but all the great men of his Kingdome to suppresse the Marriages of Priests contrary to the Canons of the Councell of London Anno 1102. For the extirpation of which evill the King Regali authoritate atque potentia fultos roboravit by his royall Authority and power ratified those Canons and thereupon Anselmo Archbishop of Canterbury Thomas elect Archbishop of Yorke and all the Bishops of England Decreed in the presence of the said Glorious King Henry Assensu omnium Baronum suorum with the assent of all his Barons that Priests and Deacons should live chastly and keepe no Women in their Houses but those who were of their neare kindred as the Councell of Nice had defined this Canon being ratified both by the King and Peeres in Parliament to make it obligatory In these three Councells under Archbishop Anselme a great stickler for the Popes and Clergies Ecclesiasticall Jurisdiction we see the King and great men of the Realme were present and ratified the Decrees and Canons therein concluded to make them valid and binding Anno 1114 King Henry the first commanded all the Bishops and Nobles of the Kingdome to meete together at his Court whereupon a rumour was spred over all the Land that the Archbishop of Canterbury was about to celebrate a generall Councell in presence of the Popes Legate and that he would promulge some new things worthy so great a Councell for the reformation of Christian Religion in every order On the sixteenth of October they all met together in the Kings Pallace at Westminster where the multitude which assembled together at last perceived that the tumour of celebrating a Councell and of the reformation of Christianity was nothing so There Anselme in the behalfe of the Pope brought a letter directed from him to the King and Bishops wherein hee taxeth the King for conferring Bishopricks claiming that right as belonging to Peters See for determining Ecclesiasticall matters and the affaires of Bishops without his or his Legats privity which belong only to the Apostolike Sea for stopping appeales to Rome as also for calling and keeping Synodall Councells without his privity when as it was unanimously ratified in the great councell of Nice consisting of 318 Bishops that no Councells ought to be summoned or kept without the privity of the Bishop of Rome and for translating Bishops without his consent Which letters much offending the Kings mind he sent his Nuntioes by common consent to Rome to give the Pope an answer and justifie his proceedings herein as warranted by his Royall Prerogative The same yeare upon the thirteenth of Aprill there was an Assembly held at Salisbury of the Bishops Abbots and great men of all England the Kings Writ compelling them to appeare there where the King appointed William his sonne lawfully begotten to be heire to the Crowne to which all the Nobles condescended and presently tooke an oath of Allegeance to him to be his men But the Bishops and Abbotts swore only and gave their faith that if he survived his Father they would forthwith conferre both the Kingdome and Crowne of the Kingdome on him without any controversie or exception In August following one Anselm the Archbish of Canterburyes kinsman came from Rome to King Henry being then in Normandie bringing the Popes Letters which authorized him to exercise the Office of the Popes Legate here in England which in a short time being knowne in the Kingdome of England the Bishops Abbots and Nobles admiring at it assembled together at London about it and certaine other things the Queen being present to discusse the matter Communi Concilio in a common Councell whereupon they all accorded to send the Archbishop of Canterbury whom it most concerned to the King to acquaint him with the ancient custome of the Kingdome and the liberty thereof and if he thought fit that he should goe likewise to Rome to annihilate This Novelty Who comming accordingly to the King found Anselme there expecting his passage into England to exercise his Legatine office there But King Henry the first not suffering any prejudice to happen to the ancient Customes of England kept him from entring into England that not without presidents For in the first yeare of this Kings Raigne Guido Archbishop of Vienna came into England having as he said the power Legatine of all England by the precept and authoritie of the Apostolicall See which being heard of throughout England was admired by all men all knowing that it was a thing unheard of in Britaine that any man except the Archbishop of Canterbury should take upon him to supply the Popes Apostolicall turnes Wherefore as he came so he returned being received as a Legate by no man nor exercising the Office of a Legate in any thing After this one Peter having obtained from the Pope a power Legatine over England Ireland France and the Iland of the Orcades at the same hereof all England was astonished the King sent the Bishop of Saint Davids and another Clergie man beyond Sea to conduct him to him enjoyning them that after his entrance into England they should not suffer him to enter into any Churches or Monasteries to lodge or eate Being brought to the King and honourably received by him having declared the cause of his comming the King answered him that hee had now no leasure to minde so great a businesse and that his Legatine power could not be established and ratified but by the connivance and assent of the Bishops Abbots Nobles and the Assembly of the whole Kingdome in Parliament moreover hee affirmed that he could not by any meanes willingly loose any of the Customes of his Country granted him by the Apostolicall See so long 〈…〉 lived whereof this was one of the chiefest and greatest that hee made the kingdome of England free from all Legatine power Whereunto Peter affented and promised to doe his endeavour to have this priviledge preserved and augmented And so being gratified with rich presents Ille qui Legati officio fungi in toto Britania venerat nimirum ab omni officio tali cum ingenti Pompa v●a qua venerat extra Angliam a Rege missus est writes Eadmerus of him by way of derision So little jurisdiction had the Popes Legates here in England in those dayes who became an intollerable vexation oppression to it in succeeding Ages in the Reignes of King John Henry the third and others In the Councell of Westminster under Iohn de Crema the Popes lecherous Legate Ann. 1125. there were 17. Canons made ab omnibus confirmata and confirmed by all there present to wit by 20. Bishops 40. Abbots Cuminumera Cleri Populi multitudine with an innumerable multitude of the Clergie and people who were present at it as the Continuer
Cremensis on Victors part and by Gulielmus Papiensis on Alexanders side In conspectu Regum Praesulum coram universa quae convenerat multitudine cleri et opuli In the presence of the Kings and Prelats and before all the multitude of the Clergy and People there assembled where Papiensis pleaded Alexanders cause so well and answered retorted what ever the opposite partie had alleaged soe substantially Vt neuter ulterius Princeps cunctaretur repudiata parte Octaviani Dominum Alexandrum recipere et cum Regnis sibi subditis ei de caetero in ijs quae Dei sunt tanquam Patri parere The forenamed Schismatickes therefore departing with confusion and shame Our Princes and Prelates Principes et Pontifices having solemnly pronounced a sentence of excommunication against the Schismatickes dissolved the Synod Loe here both the Emperor the Kings of England and France with their Nobles as well as Prelates present in a severall Councells directing and determining this great controversie in them who was Peters rightfull successor ratefying and receiving him for Pope whom they conceived in their indifferent Judgments to have the best title yea the Laity had here their voyces as well as the Clergy consented to the decrees of both Councells So when there was a former Schisme between Clement Vrban concerning the Title of the Papacie VVilliam Rufus enquiring who had the best right commanded Vrban to be reputed Apostolicall and true Pope throughout his Dominions eique vice beati Petri IN CHRISTIANA RELIGIONE not in any temporall affaires obedire claiming this as a part of his prerogative royall that none should acknowledge or receive any man for Pope or Peters successor within his Kingdome but by his election and authority and him whom he should declare to be the man accounting him no lesse then a Traitor that should deprive him of this right which his Ancestors claimed and enjoyed An. 1170. at the request of King Hen the 2d two Cardinalls Albert and Theodine were sent into France from Rome who having called a great Assembly of Ecclesiasticall persons and Noblemen within the Teritorries of the King of England they solemnly admitted the King to purge himselfe before them of the murther of Thomas Becket Archbishop of Canterbury which purgation the King there made and submitted himselfe naked to Ecclesiasticall discipline Anno 1175. Richard Archbishop of Canterbury kept a great Councell at Westminster to which almost all the Bishops and Abbots of the Province of Canterbury came Et coram pranominatis Regibus and before King Henry the second and King Henry his Sonne and the Bishops and Abbots Richard Archbishop of Canterbury standing in an high place promulged certaine Decrees Canons concerning Clergy-men the Eucharist Tythes recorded by Hoveden to be firmely and inviolably observed by all his Provincials so that both the Kings assented to them though they were but Collections of some Decrees out of former Councels In the same yeare King Henry the Father called another Councell at Windesore eight dayes after Michaelmas Praesentibus Rege Filio the King and his Sonne being present Richard Archbishop of Canterbury with the Bishops of England and Laurence Archbishop of Dublin Praesentibus etiam Comitibus Baronibus Angliae the Carles and Barons of England being also present In which Councell being a meer Parliament there was a generall Concord made between King Henry the second and Rodericke King of Conact in Ireland and the King in that Councell gave the Bishoprick of Waterford to one Augustine an Irishman whom he sent to Donatus Archbishop of Cassels to be Consecrated Anno 1176. King Henry the second assembled and held a great Councell at Nottingham concerning the Statutes of his Kingdome and before the King his Sonne and the Archbishops Bishops Earles and Barons of his Kingdom communi omnium Concilio by the common Councell of them all he divided his Kingdome into sixe parts through each of which he appointed three Iustices Itinerant whom he caused to swear upon the holy Evangelists that they should bona fide and without any sinister intention keep and cause the people of his Kingdom inviolably to observe the Articles of Assize there renued and confirmed recorded at large by Hoveden To this Councell by the Kings command came William King of Scots with all his Bishops whom the King commanded by the fealty and Oath of Allegiance they had taken to him to do the same subjection to the Church of England which they ought to do and were went to do in the times of his Predecessors To whom they answered that they never had made any subjection or homage to the Church of England nor ought so to do To which Roger Archbishop of York replyed That the Bishop of Glascow and of Candida Casa or Whitterne had in the time of his Predecessors been subject to the See of Yorke and for proofe hereof he shewed divers priviledges of the Bishops of Rome which made it appeare To which Jocelin Bishop of Glascow answered That the Church of Glascow was a speciall Daughter of the Church of Rome and exempt from all Archiepiscopall and Episcopall jurisdiction and if the Church of Yorke had any jurisdiction over the Church of Glascow at any time it appeared that he deserved not to have any dominion over it for time to come And because Richard Archbishop of Canterbury endeavoured that the Church of Scotland should be subject to the Church of Canterbury such was his ambition then he so crossed the King of England That he permitted the Bishops of Scotland to return home without making any subjection of themselves to the Church of England as they had formerly done Anno 1176. Hugo Cardinalis Hoveden stiles him Hugozun the Popes Legate by the Kings permission and asistance called a generall Councell at London in the midst of Lent where the Archbishops of Canterbury and York and all the Bishops and Abbots of England with a great number of Clergie-men assembling together the Cardinall sate on an high throne in the Chappell of the infirme Monkes of Westminster and the Bishops and Abbots with him every one in his place according to his order and dignity But there arose a contention between the Archbishops of Canterbury and Yorke which of them should sit at the right hand of the Cardinall And when as the Archbishop of Yorke would sit there the Bishop of Canterburies servants rushed violently upon him threw him down upon the ground trampled on him with their feet and brake his Miter whereupon the Councel was dispersed and the Cardinall flying to hide himselfe out of their sight was so hindered that he held no Councel Both sides made appeales to the Pope and complained to the King of the injuries done unto them So Hoveden Gulielmus Nubrigensis relates the story in these words When the Cardinall assisted by the Kings favour had called together the Ecclesiasticall persons of both Provinces of
chiefe Officer of the King in that parish that he may admonish him to appeare to give satisfaction And if the Officer of the King shall faile therein he shall be in the Kings mercy and from thenceforth the Bishop may with Ecclesiasticall Iustice curbe the party accused 11. Archbishops Bishops and all persons of the Realme who hold of the King in Capite may haue their possessions of the King as a Barony and shall answer for them to the Justices and Ministers of the King and shall follow and doe all Royall Customes and like other Barons ought to bee present in judgments of the Kings Court with the Barrons untill it proceed to diminution of Members or unto death 12. When an Archbishopricke Bishopricke or Abbey or Priory shall become voyde in the Kings Dominion it ought to be in his hands and he shall receive all the rents and issues thereof as the Dominicall rents And what shall come to the Church is to bee disposed of Our Lord the King ought to commend the best persons to the Church and the election ought to be made in the Kings owne Chappel by assent of the King himself and advise of such persons of the Realme which he shall call unto him to do these things and there the person elected shall do his homage and fealty to the King as to his Liege Lord of life and members and of terrene honour saving his Order before he shall be Consecrated 13. If any of the Nobles of the Realme shall deny to do Iustice to any Archbishop or Bishop or Archdeacon concerning him or his our Lord the King ought to do them Iustice And if peradventure any shall deny to our Lord the King his right the Archbishops Bishops and Archdeacons ought to admonish him that he may satisfie the King 14. The Church or Churchyard ought not to detain the Chattels of those who are in forfeiture of the King against the Iustice of the King because they are the Kings owne whether they bee found within or without the Church 15. Pleas of Debts which shal be due either by interposition of an oath or without oath are in the Iustice of the King that is triable in the Kings temporall Courts 16. The Sonnes of Peasants or Villanies ought not to bee ordained Priests without assent of the Lord in whose land they are knowne to bee borne To this Recognition or Record of the Customs and Liberties of the Realm the Archbishops Bishops Abbots Priors Clergy with all the Earles Barons and Nobles swore and firmly promised viva voce in the word of truth that they would keep and observe it to our Lord the King and to his Heirs bona fide and without male engin for ever His itaque gestis potestas Laica in res personas Ecclesiasticas omnia pro libitu Ecclesiastico jure contempto tacentibus aut vix murmur antibus Episcopis potius quam resistentibus usurpabat writes Matthew Paris Whereupon Thomas Becket then Archbishop of Canterbury repenting of his oath to observe them humbled and afflicted himselfe exceedingly with fasting and corporall pennace yea he suspended himself from the office of the Altar untill the Pope absolved him from his pretended offence and oath which he readily obtained After which Becket resusing to conforme himselfe to the King and these Lawes he had sworne to departs secretly without the Kings license into Flanders and from thence repaired to Pope Alexander at Sennes who curteously entertained him and refused the demands of the Kings Embassadours to do him justice against Becket or to confirme these Lawes and ancient Customs of the Realm Whereupon the King sent this ensuing Writ to every Sheriffe of England Praecipio tibi quod si aliquis Clericus vel Laicus in Baliva tua Romanam curiam appellaverit eum capias firmiter teneas donec voluntatem meam praecipiam omnes reditus Clericorum Archiepiscopi possessiones saiseas in manum meam Et omnium Clericorum qui cum Archiepiscopo sunt Patres Matres Fratres Sorores Nepotes Neptes pones per salvos plegios catalla eorum donec voluntatem meam inde praecipiam Et hoc Breve tecum afferas cum summonitus fueris Gilberto quoque que Londonensi Episcopo scripsit in haec verba Nosti quam malè Thomas Cantuariensis Archiepiscopus operatus est adversum mo regnum meum quam malè recesserit Et ideo mando tibi quod Clerici sui qui detraxerunt honori meo regni qui circa●psum fuerunt post fugam suam non percipiant aliquid de reditibus suis quos habuerunt in Episcopatu tuo nisi per me nec habeant aliquod auxilium vel consilium a●te Item Justitiariis suis significavit per literas sub hac forma Si quis inventus fuerit ferens literas Domini Papae vel mandatum aut Thomae Archiepiscopt continens interdictum Christianitatis in Anglia capiatur retinetur donec inde voluntatem meam praecipiam Item nullus Clericus Monachus Canonicus vel conversus vel alicujus religionis transfretare permittatur nisi habeat Literas de reditu suo Justitiarii vel nostras Si quis aliter inventus fuerit capiatur retineatur Nullus appellet ad Papam neque ad Thomam Archiepiscopum neque aliquod placitum ex eorum mandato teneatur neque aliquod mandatum eorum in Anglia recipiatur si quis tenuexit vel receperit vel tractaverit capiatur retineatur Si Episcopi Abbates Clerici vel Laici sententiam interdicti tenuerunt sine dilatione a terra eijciantur tota eorum Cognatio Ita quod nihil de catallis suis secum ferant sed catalla eorum possessiones in manu nostra saisiantur Omnes Clerici qui reditus habent in Anglia sint summoniti per omnes comitatus ut infra tres Menses praecise ad reditus suos sicut diligunt eos amant in Angliam redeant Et si ad terminum praefixum non venerint reditus eorum in manu nostra saisiantur Episcopt Londoniensis Norioensis summoneantur quod sint eoram Justiciariis Nostris ad rectum faciendum quod contra Statuta Regni interdixerunt terram Hugonis Comitis in ipsum sententiam Anathematis intulerunt Denarii beati Petri colligantur serventur quousque inde vobis Dominus Rex voluntatem suam praeceperit Ecclesiam praeterea Cantuariensem omnia bona Archiepiscopi Rex et suorum consiscari praecepit Et quod in nullius historiae legitur serie totam ejus congnationem exilio ascriptam addixit sine delectu conditionis sexus aut aetatis Et cum Ecclesia Catholica oret pro haereticis schismatieis perfidis Judaeis prohibitum est a Rege ne quis Archiepiscopum orationum suffragiis adjuvaret Such Ecclesiasticall jurisdiction did the King then exercise To what an unfortunate end this opposition brought this Archbishop Becket our Historians at large record and I
' inchoat ' 1. Decem. 1384. contin ' ad diem Lunae prox ' post festum corp ' Christi Convocat ' inchoat ' 6. Novem. 1385. contin ' ad 7. diem Decem. An. praedict Convocat ' inchoat ' 5. Novem. 1386. contin ' ad 3. diem Decem. An. praedict Convocat ' inchoat ' 26. Febr. 1387. contin ' ad 4. diem Martii sequent Convocat ' inchoat ' 17. Octob. 1388. contin ' ad 22. diem Octob. praedict Convocat ' inchoat ' 17. Apr. 1391. contin ' ad 21. diem Apr. praedict Convocat ' inchoat ' 5. die Febr. 1394. contin ' ad 18. diem ejusdem mensis Convocat ' inchoat ' 6. Maii An. Dom. 1460. contin ' ad 15. diem Julii An. praedict Convocat ' inchoat ' 6. Julii An. Dom. 1463. contin ' ad 18. diem Julii praedict Convocat ' inchoat ' 21. Martii 1480. contin ' ad 15. diem Novem. 1481. Convocat ' inchoat ' 13. Febr. 1486. contin ' ad 27. diem Febr. praedict Convocat ' inchoat ' 14. Ia●●ar 1487. contin ' ad 27. diem Febr. praedict The Presidents since these being more obvious and infinite I pretermit Indeed I finde some Convocations and Synods summoned without any speciall Writs yet extant which perchance are lost however though they were summoned without speciall Writs yet it was alwayes by the Kings licence privi●● and assistance first obtained or by former adjournments and not by virtue of any summons from the Pope Arch-bishop of Canterbury or any other Prelates without or against the Kings command as some of the ensuing Presidents manifest in direct termes Convocatio inchoata absque brevi mense Julii An. Dom. 1295. Convocatio inchoata absque brevi die alia dominica qua cantabatur officium laetare eodem Anno. Convocat ' inchoat ' absque brevi die S. Hillarii An. Dom. 1297. Alia absque brevi pro defensione Ecclesiae cont ' Scotos die S. Edmundi Regis eodem Anno. Convocat ' inchoat ' ad instantiam Regis regressi à Flandriae inchoat ' festo Nativ ' S. Johannis Baptistae An. Dom. 1298. Convocat ' Concilii provincialis absque brevi inchoat ' 16. Maii An. Dom. 1356. Convocat ' Cleri Provinciae Cant ' ad supplicationem dom Reg. inchoat ' die Mercurii proxim ' post dominicam qua cantatur officium misericordia Domini in Ecclesia S. Brigittae Londin An. Dom. 1356. Convocat ' inchoat ' absque brevi die Jovis prox post festum S. Georgii Martyris 24. April An. Dom. 1371. Convocat ' inchoat ' absque brevi 1. die Decemb. An. Dom. 1373. Convocat ' inchoat ' absque brevi 8. Febr. An. 1576. Convocat ' inchoat ' absque brevi 5. Novemb. An. Dom. 1377. Convocat ' inchoat ' absque brevi 9. Maii. 1379. Convocat ' inchoat ' absque brevi die Sabbat proxim ' post festum Purificationis S. Mariae Virginis An. Dom. 1379. Convocat ' inchoat ' absque brevi 1. Decemb. An. Dom. 1380. Since this time I finde no Synod Councell or Convocation ever summoned or assembled but by the Kings speciall Writs yet extant among our Records the particularizing whereof being superfluous I shall here omit Secondly our Acts of Parliament expresly resolve that our Convocations Synods Councels ought to be summoned onely by the Kings Writ Hence the Statute of 8. H. 6. c. 1. recites That all the Clergie are to be called to the Convocation by the Kings Writ and thereupon enacts That they and their servants shall for ever hereafter fully use and enjoy such liberties and defence in comming going and tarrying as the great men and Commonalty of England called to the Kings Parliament doe enjoy Hence the whole Clergie of England in their submission in Parliament 25. H. 8. c. 19. 27. H. 8. c. 15. made this acknowledgment Whereas the Kings humble and obedient subjects the Clergie of the Realme of England have acknowledged according to truth THAT THE CONVOCATION OF THE SAME CLERGY IS ALWAYES HATH BEEN AND OUGHT TO BE ASSEMBLED ONLY BY THE KINGS WRIT c. And thereupon these Statutes among other things enact according to this submission and Petition of the said Clergie that they ne any of them from henceforth should make promulge or execute any new Canons c. in their Convocations in times comming which ALWAYES SHALL BE ASSEMBLED BY AUTHORITY OF THE KINGS WRIT c. A cleare confession and resolution that Councels Synods and Convocations here in England alwaies have been are and for ever hereafter ought to be called and summoned not by the Popes or Prelates authority and citations but by the Kings royall authoritie and Writ Hence the English Clergie in most Bills of their Subsidies since as in 27. Eliz. c. 28. 29. Eliz. The Act of one Subsidie granted by the Clergie 31. Eliz. c. 14. 35. Eliz. c. 12. 39. Eliz. c. 26. 43. Eliz. c. 17. 3. Jacobi c. 25. 7. Jacobi c. 22. 21. Jacobi c. 32. 1. Caroli c. 1. 3. Caroli c. 6. have inserted this clause in the prologue of their Subsidies Vestrae serenissimae regiae Majestati or sublimitati per praesens publicum instrumentum sive has literas nostras testimoniales significamus notum facimus quod Praelati Clerus nostrae Cantuariensis Provinciae IN SACRA SYNODO PROVINCIALI SIVE CONVOCATIONE VIGORE ET AVTORITATE BREVIS REGII VESTRI IN EA PARTE NOBIS DIRECTI in domo capitulari ECCLESIAE VESTRAE CATHEDRALIS divi Pauli London vicesimo quarto die mensis Novembris Anno Dom. c. inchoata celebrata to testifie that their Synods Convocations are and ought to be summoned and held only by virtue and authoritie of the Kings Royall Writ and why not then their Visitations being in truth Convocations and Synods Thirdly the whole Church of England in the 39. Articles of Religion ratified by Parliament and all Clergy-mens subscriptions to them as also by our present Soveraigns Declaration prefixt before them Anno 1628. Artic. 21. and the whole Church of Ireland in their Articles of Religion Anno 1615. Artic. 76. unanimously resolve as an Article of Religion not to be questioned That generall Councels and by the selfe-same reason Nationall and Provinciall may not be gathered together by Popes Prelates or any other persons without the Commandement or will of Princes Therefore the sole right of summoning them belongs not to Popes or Prelates but to Princes and other supreme temporall Magistrates And as these Articles so the learned Writers of our Church as incomparable Bishop Jewell in the defence of the Apologie of the Church of England part 1. c. 9. Divis 1. p 52 54. part 6. c. 12. Divis 2. p. 58● to 592. Reply to Master Hardings answer Artic. 4. Divis 19. and 26. p. 193. 212 213 214. Bishop Alley in his poore mans Library Tom. 2. Miscellanea Praelect 1. f. 18 19 20. Bishop Bilson in his true difference between Christian subjection unchristian rebellion passim Doctor William Whittakers
in this point let him consult William Ranchin his Review of the Councell of Trent who is copious and zealous in this point though a Papist Bishop Jewels Defence of the Apologie part 6. cap. 12. 13 14. 15. and the ensuing Sections But to returne to the point proposed As in the forecited Councels abroad so in our Councels Synods and Convocations at home as our Kings and their Nobles were usually present and president as I shall shew hereafter so the Prelates could debate propound and conclude nothing without their privity and licence Hence Eadmerus records of King William the Conquerour that all divine and humane things did expect his approbation for he would not suffer any man living within any of his Dominions to receive the Bishop of Rome as Apostolicall unlesse he commanded him nor yet to accept his Letters upon any termes if they had not been first shewed to him Yea he did not suffer the Primate of his Kingdome to wit the Arch-bishop of Canterbury or Dover if he sate President in a generall Councell of Bishops gathered together to decree or prohibit any thing but those things which were sutable to his will and had been first ordained by himselfe William Rufus his sonne tooke the same jurisdiction on him and challenged it as part of his Prerogative Royall For when as Anselme Arch-bishop of Canterbury moved him to command if he pleased Councels to be renued according to the ancient use because there had not been a generall Councell of Bishops in England since his comming to the Crowne not in many yeares before he gave him this reply When I shall thinke fit I will do something concerning these things not at thine but my owne pleasure But of this I shall thinke some other time and adds by way of scoffe but thou whence speakest thou in a Councell After this the King demanded of him from what Pope he would receive his Pall he answered from Urbane which the King hearing replyed That he had not yet taken him for Apostolicall neither had it been the Custome in his or his Fathers time that any one should name a Pope in the Kingdome of England without or besides his license or election and whosoever would wrest from him the power of this dignity should do all one as if he had endeavoured to take his Crown from him If therefore thou recivest the same Vrban or aeny other for Pope in my Kingdome or holdest him being received thou doest against the faith and allegiance which thou owest to me neither dost thou offend mee lesse in this than if thou shouldest endeavour to take my Crown from me Wherefore know that thou shalt have no share or portion in my Kingdome if I shall not see thee by open assertions to deny all subjection and obedience to Vrban at my desire Which he refusing to doe the Bishops and Noblemen sent to him from the King told him Tha● the whole Kingdome complained against him that he endeavoured to take away from their common Lord the dignity of his Empire and his Crowne For whosoever deprives him of the customes of his Royall dignity takes away his Crown and Kingdome together with it for one cannot be decently enjoyed without the other So little power had the Pope or Prelates here in England in those times Anno 1234. there was a Councell held at Glocester to which the King sent this Mandate Mandatum est omnibus Episcopis qui conventuri sunt apud Gloucestriam die Sabbati in chrastino Sanctae Catharinae firmiter inhibendo quod sicut Baronias sua quas do lege tenent diligunt nullo modo praesumant Concilium tenere de aliquibus quae ad coronam Regis pertinent vel quae personam Regis vel statum suum vel statum Concilii sui contingunt scituri pro certò quod si fecerint Rex inde se capiet ad Baronias suas Teste Rege apud Hereford 23. Novembris c. Anno 1237. in the Councel held at London under Otho the Popes Legate the King sent the Earle of Lincolne with others to the Legate sitting in Councell with an Inhibition in the Kings name to determine of nothing against the Crowne and Dignity Ut dicto Legato writes Matthew Paris ex parte Regis Regni inhiberent ne ibi contra Regiam coronam dignitatem aliquid statuere attemptaret and William de Reel one of the Messengers remained in the Convocation house to see this Inhibition observed clothed in a Canonicall Cap and Surplis the others departing thence So in 26. Hen. 3. rot 21. 9. E. 1. rot 2. 11. E. 2. rot 10 18. E. 3. rot 21. in the Tower and in many other Records I finde a generall Prohibition usually directed to the Convocation the Prelates and Clergie therein such loyall subjects usually were they Ne quid attemptarent contra jus Regium Ne quid statuant contra Regem in Concilio suo Ne aliquid tentetur contra Coronam Regis in congregan●ione Cleri c. the King confining them of what to treat and conclude of what not to entermeddle without his speciall license Not to mention That our Kings have frequently prescribed the Convocation what Subsidies they should grant and how they have handled them in case they refused to grant them The Statute of 25. H. 8. c. 19. Records ` That the Clergie of the Realm of England submitting themselves to the Kings Majesty then promised in verbo Sacerdotii that they would never from thenceforth presume to attempt alleadge claime or put in ure or enact promulge or execute any new Canons Constitutions Ordinance provinciall or other by whatsoever other name they shall be called in the Convocation unlesse the Kings most Royall assent and Licence may to them he had to make promulge and execute the same and that His Majesty doe give His most Royall assent and authority in that behalfe And thereupon enacts according to the sayd submission and petition of the Clergie that they assembled together in Convocation ne any of them to wit in their severall Visitations Synods Constitutions Chapters from henceforth Shall presume to alleadge claime or put in ure any Constitutions or Ordinances provinciall or Synodals or any other Canons nor shall Enact Promulge or execute any such Canons Constitutions or Ordinance provinciall by what name or names they may be called in Convocation for time to come unlesse the sayd Clergy may have the Kings most Royall assent and licence to make promulge and execute such Canons Constitutions and Ordinances provinciall or Synodall upon pain of every one of the said Clergy doing the contrary to this being thereof Convict to suffer imprisonment and make fine at the Kings will Hence the whole Clergy of England in their Booke entituled The Institution of a Christian man dedicated to K. Henry the eight Anno 1543. subscribed with all their names in a Convocation Chapter of Orders acknowledge this sovereign jurisdiction of the Prince
that in a Parliament or Councell wherein the King Nobels Senators and Elders of the people were present as well as Bishops and Clergy men Witnesse this preface to those Lawes of his Ego Inas Dei beneficio Occiduorum Saxonum Rex suasu et instituto Conredi Patris mei Heddae et Erkenvaldi Episcoporum meorum omnium Senatorum meorum et natu majorum sapientum populi mei in magna servorum Dei frequentia religiesè studebam tum animarum nostrarum saluti tum communi Regni nostri conservationi ut legittima nuptiarum faedera justaque judicia per omnem ditionem nostram fundata stabilitaque sint atque ut nulli liceat imposterum Senatori sive alteri cuivis in ditione nostra degenti haec nostra antiquare judicia Anno 694. there was a great Councell held at Becanceld wherein Withred King of Kent sate President and Bertuald Archbishop of Britain with Toby Bishop of Rochester the Abbats Abbesses Presbiters Deacons DVKES EARLES all assembled together deliberating about the state of the Churches in England The King subscribed the Lawes there made for the liberties of the Church in this manner Ego Withredus auxilio Christi his Legibus constitutis Rex pro Mo et Werburga Regina itemque pro filio nostro Arico subscripsi Anno 697. there was a Councell held at Berghamsted in the 5th yeare of the Reigne of Withred King of Kent under Birtuald the high Priest of Britanny Gybmund Bishop of Rochester and all the Ecclesiasticall Orders qui cum viris utique militaribus humanissimè et communi omnium assensu has l●ges decrevre Cantuariorumque Iuribus et consuetudinibus prout sequitur addendas edixere The Lawes are 28. in number all concerning Ecclesiasticall matters and are stiled in the Saxon Copy Juditia Withredi made in a Councel at Berghamsted praesentibus omnibus Ordinibus illius gentis cum viris quibusdam militaribus So that this was no other but a Parliament wherein the King Nobles Commons and Souldiers were present as well as the Bishops promulging and con●enting to these Lawes About the yeare 712 ●ae King of Westsex assembled a great Councell of all his Bishops PRINCES NOBLES EARLES AND OF ALL THE WISEMEN ALDERMEN AND COMMONS OF THE WHOL REALM wherein he made certain Ecclesiasticall Lawes concerning mariages to suppresse all fornication and uncleanesse Exhortatione doctrina per COMMVNE CONCILIVM ASSENSVM OMNIVM Episcoporum OMNIVM ALDERMANNORVM PRINCIPVM PRO●ERVM COMITVM OMNIVM SAPIENTVM SENIORVM POPVLORVM TOTIVS REGNI or MVLTAQVE CONGREGATIONE SERVORVM DEI as some others render it About the yeare 714 Naitan King of Picts received a letter from Abbot Celfred concerning the time of celebrating Easter and Priests tonsure which he desired the King to cause to be observed throughout the Nation over which God had made him Kings the King hereupon assembled a Councell of learned men and of his Nobles and reading the said letter before them Rex surgens DEMEDIQ OPTIMATVM SUORUM CONSESSV kneled downe upon his knees giving thanks to God that he had deserved to receive such a gift from the Land of England and professed that he would have this forme of keeping Easter and tonsure to be perpetually observed throughout his Realme which was presently commanded by a royall Edict to be put in publique execution and was accordingly performed Anno 724. There was a Synod held in Northumberland by the Authority and favour of King Osred wherein wilfrid by the Kings favour got the superiority of his enemie About foure yeares after there was another Councell held at Worcester under Archbishop Bertuald by Pope Constantines advise not only of Religious persons Sed etiam regni Procerum But likewise of the Nobles of the Realme The Councell of Clovesho or Cliffe Anno 747. Cui Concilio interfuerunt Ethelbaldus M●rciorum Rex CVMOMNIBVS REGNI SVI PRINCIPIBVS ET DVCIBVS as well as the Bishops and Clergy made sundry Ecclesiasticall Constitutions consented to and approved by the King all the Princes Dukes Nobles of his Kingdom not made or promulged by the Bishops only At this Councell were present 33. Princes and Dukes The Ecclesiasticall Canons in the Councell of Calchyth Anno 787. were made and confirmed by Offa King of Mercians and the secular Princes and Senators of the Land therein assembled as well as by the Ecclesiasticall Persons Convenerunt Omnes Principes regionis ●tam Ecclesiastici quam Seculares c. Tam REX QVAM PRINCIPESSVI CVMSENATORIBVS TERRAE DECRETA SIGNO CRVCIS FIRM AVERVNT Anno 7●9 Pope Alrians Legates held a Councell at Chalchyth where Jambert Archbishop of Canterbury resigned part of his Archbishoprick to the Bishop of Litchfield and Offa King of Mercians who sate chiefe in it caused his Sonne Egfride to be crowned King it being in truth a Parliament as well as a Synod antiently and yet stiled a COVNCELL Anno 793 King Offa held a Councell at Verolam with Archbishop Humbert and his suffragans ET PRINCIPIBVS SVIS VNIVERSIS and all his Princes where they consulted about and resolved to build an Abbey to Saint A●ban and to endow it with great priviledges and that the King should goe to Rome about it which he did Iuxta sententiam praedicti Concilii Anno 794. at the great Councell of Celichyth there were present 9. Kings 15. Bishops and 20. Dukes wherein the Reliques of Saint Alban were elevated adorned and a Monastery sounded to enshrine his bones And the same yeare King Offa having assembled another Councell of his Bishops and Nobles at Verolam REX VNANIMI OMNIVM CONSENSV et benevola voluntate beate Albano amplas contulit terras et possessiones innumeras Monachorum quoque conventum ad tumbam congregavit c. Cyneulf King of Westsex about the yeare 796. writ a letter to Lullus Bishop of Mentz una cum Episcopis meis neenon CVM CATERVA SATRAPARVM to settle matters of Religion In the Councell of Clovesho under Kenulf King of Mercians An. 800. who summoned to that Synod Episcopos DVCES Abbates CVJVSCVNQVE ORDINISVIROS there were severall Canons made concerning matters of faith and the lands and revenue of the Church At the Synod of Celichyth held on the sixth of August An. 816. under Kenulf King of Mercians there were not onely Bishops Abbots Priests and Deacons present in it but the King himselfe cum suis Principibus Ducibus Optimatibus with his Princes Dukes Nobles who made and published 11. Canons concerning matters of saith and Church affaires Anno 822. there was a Synodall Councell held at Clovesho under king Beornulfe wherein this king sate President Archbishop Wilfred with the rest of the Bishops and Abbots OMNIVMQVE DIGNITATVM OPTIMATIBVS Ecclesiasticarum scil SAECVLARIVM PERSONARVM being present in it debated such things as concerned the profit and necessity of Churches the rule and observance of a Monasticall life and likewise
the stability of the Realme A cleare evidence it was both a Parliament and Synod too Anno 824. There was another Synodall Assembly held at Clovesho under the same king Beornulfe and Wulfred Archbishop of Canterbury assidentibus Episcopis Abbatibus PRINCIPIBVS MERCIORVM VNIVERSIS MVLTI SAPIENTISSIMI VIRI CONGREGATI to determine certaine Controversies and settle the lands of the Church which they did accordingly the Acts of this Councell were subscribed by the king his Dukes Nobles as well as by the Bishops as you may see in the close of it Anno 833. there was a Councell held at London the 26 of May which is intiuled Concilium Pan-Anglicum a Cauncell of all England wherein were present Egbert King of West-Saxons and Withlasius King of Mercians both the Archbishops of England with the Bishops and Nobles In which they con●●ted not onely of Church affaires but also about hindering the incursions of the Danes and confirmed divers Priviledges to the Abby of Crowland by a Charter granted by this King in this Councel subscribed by the King Dukes and other Laymen as well as by Bishops and Abbots Anno 838. I finde Concilium Pan-Anglicum held at Kingston wherein King Egbert and Ethelwolfe his Sonne sate Presidents together with Ceolueth Archbishop and the rest of the Bishops optimatibus Angliae and the chiefe men and Nobles at England wherein certain Charters of Lands given to the Church formerly accorded to by the Nobles were confirmed vnder pain of excommunication and curses to the infringers of them About which time Keneth king of Scots compiled and published certain Ecclesiasticall Lawes intermixed with temporall made in a Parliamentary Councell not an Episcopall Synod Anno 851. there was a Councell held at Kingsbury under Bertulph King of Mercia praesentibus Ceolnotho Dorobernensi Archiepiscopo caeterisque Regni Merciae Episcopis Magnatibus and another Councell at Benningdon under this King about the same year â Praelatis Proceribus Regni sub Bertolpho Rege In both these ample possessions and priviledges were granted to the Abbots and Monks of England Vnanimi consensu totius praesentis Cancilii pro Regni negotiis Congregati the Charters being subscribed by Dukes Lords and temporall Officers present in these Councels as well as by Bishops or Abbots An. 855. There was a generall Councel of all England held at Winchester Concilium V●ntoniae Pan-anglicum 5. Nov Judic 4. celebratum praesentibus Aethelwulfo Rege Westsaxoniae Beorredo Rege Merciae Edmundo Rege East-Anglorum una cum Archiepiscopis Cantuariae Eborum caeterisque totius Angliae Episcopis Magnatibus in which King Aethelwulph by his royall Charter granted the tenth part of his lands and goods to the Church cum coxsilio Episcoporum ac Principum meorum Praesentibus subscribentibus Archiepiscopis Episcopis Angliae Vniversis re●non Beorredo Rege Merciae Edmundo Eastanglorum Rege Abbatum Abbatissarum Ducum Comitium Procerumquetotius terrae aliorumque fidelium infintia multitudine qui omnes Regium Chirographum landaverunt Dignitates vero sua nomina subscripserunt These Councels therefore were no other but Parliaments The Ecclesiasticall Lawes of king Alured Anno 887. were made in Parliament and not in a Synod of Bishops Ex Consulto Sapientum Atque in ipsis discernendis ego Alredus Occiden alium Saxonum Rex prudent●ssimeram è nostris confilio usus sum atque eis omnibus placuit edici eorum observationem saith the Praeface to his Lawes The Ecclesiasticall Lawes of Alured or Alfred and Guthurne were accorded in a Councell wherein these Kings and their people made a League King Edward the elder upon the letter of Pope Formosus congregavit Synodum SENATORVM PROCERVM POPVLORVM ET NOBILIVM Gent's Anglae in quae prasedebat Plegmundus Archiepiscopus Tum sibi Rex cum suis Plegmundus Archiepiscopus salubre consilium iniverunt and constituted and elected five Bishops in the Province of the Gevisi where there were but two Bishopricks formerly dividing those two Bishopricks into five by a Parliament not Synod The Ecclesiasticall Lawes of King Edward the elder and Guthurne An. 905. were made in Parliaments of the Lords and Commons not Synods of the Clergie as appeares by this Proeme Haec ea sunt SENATVS-CONSVLTA ac instituta quae primo Aluredus Guthurnus Reges deinde Edovardus Guthurnus Reges illis ipsis temporibus tulere cum Pacis foedus Daci Angli ferierunt ac sese mutuo an●plexi sunt quae postea a SAPIENTIBVS recitata saepius atque ad communem Regni utilitatem aucta atque amplificata sunt The Ecclesiasticall Lawes of King Aethelstan An. 928. were made in Parliament not in a Convocation as is evident by the temporall lawes mixed with them made at the same time and by chap. 9. Decreta cictaque sunt haec in celebri Gratanleano Concilio cui Wulfhelmus interfuit Archiepiscopus cum eo Optimates Sapientes ab Aethelstano evocati frequentissimi The Ecclesiasticall lawes of Hoel Dha the good King of all Wales about the yeare 940. were made not by the Ecclesiasticall persons onely but by the Laiety too hee summoning sex Laicos viros auctoritate scientia pollentes six Laymen potent in authority and Learning out of every County and then selecting out of them twelve Laicos doctissimos unum Clericum doctissimum qui vocabatur Blanguindus ad instituendas sibi leges usus c. 12. most learned Laymen and but one learned Clerke to compile Ecclesiasticall Lawes for him and his people The Ecclesiasticall Lawes of King Edmund Anno 944. were made in a Parliament at London as appeares by the temporall lawes joyned with them and by the Proocme Edmundus Rex ipso solenni Paschatis festo frequentem Londini tam Ecclesiasticorum quam LAICORVM caetum celebravit c. A sci entissimis Regni mei in celebri tam Ecclesiasticorum quam LAICORVM frequentia studiose requisivisse quo tandem pacto Christiana proveheretur fides Atque NOBIS OMNIBVS commodissimum visum est Edmundus Rex congregavit magnam Synodum Dei ordinis SECVLI apud London c. Ego Edmundus Rex mando praecipio omni populo seniorum ac juvenum qui in regione mea sunt ea quae investigans investigovi cum sapientibus Clericis LAICIS Anno 948. There was a Councell as well of Lords and great men as Bishops and Abbots held in London In festo Nativitatis beatae Mariae cum universi Magnates Regni per regium edictum summoniti tam Archiepiscopi Episcopi ac Abbate quam caeteri totius Regni Proceres Optimates Londoniis convenissent ad tractandum de negotiis publicis totius regni consummatis Omnibus the K. in this Parlia granted a large Charter of lands priviledges to the Abbey of Croyland this Councell therefore was certainly no other but a Parliament An. 952.
of Florentius Wigorniensis records Among other things it was there decreed that Priests should not from thence forth marry That no married man should be made a Priest and that those Priests who were married should be either devorced from their wives or deprived of their livings Iohn de Crema there alleaging That it was an unseemely thing for a Priest to rise up from the side of an Harlot so hee called Priests wives and to goe and to make the body of Christ The Priests being much incensed at these Constitutions and very angry with this Legate the chiefe Author of them knowing him to be a leacherous companion watched him so narrowly that the very same night these Canons were ratified though himselfe had that very day consecrated the Sacrament and so made the body of his Saviour as hee thought they tooke him in bedde with a notable Where In excuse of which falt of his which was very publike and notorious he said that hee himselfe was no Priest but a corrector of Priests hee might better have alleadged if his owne reason were good that hee did it after hee had consecrated and made Christs body not before it and so he departed privily 〈◊〉 of England with shame the Priests by this meanes keeping their Wives for a time alleaging that it was better for them to lye with their own Wives then with Where 's or other mens as this lecherous Legate did In the yeare of our Lord 1127. William Archbishop of Canterbury by King Henry the first his assent called a Councell at Saint Peters in Westminster of all the Bishops Abbots and religious Persons of England there flocked thither also * Magnae multitudines Cloricorum Laicorum tam divitum quam mediocrium factus est Conventus grandis et inestimabilis saith the Historian Something 's were there debated somethings determined some things adjourned some things by reason of the tumult of the raiging people cast out from the Audience of the Judges but those things which were there decreed and established in the Councell it selfe by the consent of the Bishops At they were there publikely Recited and received I thought good saith he to note in this manner Then he reites the Canons and constitutions of this Councell and conclude thus Auditis Concilii gestis consensum prebuit authoritate Regia et potestatate conceffit et confirmavit Sta●ta Concili c. Having heard the Acts of the Councel read the K. assented to them and by his regall authority and power passed and confirmed the statuts or Canons of the Councell celebrated by William Archbishop of Canterbury and Legate of the holy Church of Rome at VVestminster Anno 1138. King Stephen on the fourth of Aprill held a Councell at Northampton in which ●urstlain Archbishop of Yorke was Prefident the Prelats Abbotts Earles Barons and all the Nobility of England being present at it The Bishoprick of Exeter then voyd by the death of William Warwast one Robert an Arch-deacon was elected Bishop of that See by the consent and suffrage of the Councell which likewise nominated and chose two Monks to be Abbotts of VVincelcombe and of Saint Maries in Yorke being then vacant The same yeare there was a Councell held at London wherein Theobald was chosen Arch-bishop of Canterbury Annuente Rege by the Kings consent Anno 1139. There was a Councell kept at VVinchester under Henry Bishop of VVinchester the Kings Brother and Legate to the Pope where Theobald Archbishop of Canterbury and all the Bishops there present ad pedes Regis devoluti sunt c. cast themselves downe at the Kings feet most devoutly and earn estly beseeching him to restore Roger Bishop of Salisbury and Alexander Bishop of Lincolne to their possessions and they would willingly pardon all the injuries the King had done them But the King despising the venerable supplication of so many great Prelates suffered them to obtaine no part of their request In the yeare of our Lord 1142. VVilliam Bishop of Lincolne as some record or VVilliam or Henry Bishop of VVinchester as others calhim held a Councell at London at which King Stephen was present where in it was decreed et Generaliter constitutum and generally ordained That he who violated a Church or Churchyard or laid violent hands on any Priest or Religious person should be excommunicated and not absolved but by the Pope The King writes Nubrigensis Concilio Benigne interfuit et favoris Regij Suffragium non negavit was graciously present at the Councell and denied not the suffrage o●his royall savor to its constitutions which without his confirmation had beene of no validitle By vertue of which constitution ratified in this manner If any laid violent hands on a Priest or Religious Person he might sue in the Spirituall Court to have him excommunicated and doe penance for it but not for dammages and no Prohibition could legally be granted to stay the proceedings there Anno 1152. There was a Synod held at London under Theobald Archbishop of Canterbury In which King Stephen with Eustace his Sonne were present The King required the Synod to consent to create Eustace King to which they could not be brought being inhibited by the Popes Letters and mandate to doe it Therefore the King and Eustace incensed with anger shutting them in and befieging them did evermuch vex and disquiet them that they might effect that by feare and terror which they could not doe by authority and favour And soe most of them were reduced to the Kings becke But Theobald the Archibishop departing privity and most craftily out of the Synod carried through the Thames in a Boate to the Sea side entered into a ship and passed into the parts beyond the Sea with whose departure the King being much more disturbed banished him againe with others and confiscated all his goods Anno 1159. There was a great Scisme at Rome betweene Pope Alexander and Victor concerning the Papacie hereupon Frederick the Emperor assembled by his Writ the Bishops of Italie and Germanie together to Papia to Councell where the Emperor his Dukes and Captaines were present who swaying the Councell Victor to whom the Emperor inclined was elected and declared to be the true Pope and successor of Peter and sentence given against Alexander by a Generall decree as against a Scismaticke and rebell to God Amplexus est Imperator cum omni frequentia Ducum et Procerum acta Concilij panam non recipientibus comminatus writes Neubrigensis After which the Emperor solicited the illustrious Kings of France and England by all meanes he could that to perpetuate mutuall amity they would consent to him in this they being inclined hereto cautelously suspended their sentence untill they should more fully know the truth of so doubtfull a businesse and thereupon they also called a famous Councell of Bishops and Nobles out of both their Kingdomes in a fitting time and place where the businesse was fully debated by Guido
all we desire two Prebends to be given us by all Cathedrall Churches and out of Abbies where the Monkes and Abbots have divers portions of each one Monkes intire allowance one from the Covent another from the Abbott which demand Otho urged the Bishops and Prelates to grant on the foresaid grounds Who consulting together hereupon returned this their common Answere by Iohn Archdeacon of Bedford That those things he had propounded to them did specially concerne the King of England and generally all the Patrons of Churches Archbishops Suffragans and Prelates of England since therefore the King was then absent by reason of his infirmitie and some Archbishops Bishops and other Prelates were absent likewise that in their absence they neither could nor ought to give any Answer And upon these words uttered came Iohn Lord Marshall of England and other Messengers from the King strictly commanding all what held Baronies of the King in Capite that that they should not obliege their lay Fee to the Church of Rome whereby he might be deprived of the services due unto him And so all returned to their owne home The same yeare there was another Councell assembled at Westminster under Stephen Langhton Archbishop of Canterbury about the same matter To which the King conferring a part with some of the Nobles and Bishops gave this Answer that these things concern all Christendom because we are placed in the remotest parts of the world when we shall see what other Kingdomes will say to these exactions and shall have an example from them the Pope shall finde us more ready to obey him And so this Councell brake up By both which presidents it is evident that Councells in those dayes were no other but Parliaments the King Nobles and Commons being present in them and that the Clergy alone could treat or conclude of nothing but by their concurring assents Anno 1231. There was a great Synod of Abbotts Priors Archdeacons with almost the whole Nobility Masters and Clerks of the Realme assembled at Saint Albans by the Popes Command to celebrate a divorse betweene the Countesse of Essex and her Husband if there were cause This divorse was but an Ecclesiasticall matte● as the Canonists deemed it yet both King Nobles and Commons as well as Abbots and Clergy-men were present at it and called to it by the Popes command In the yeare of our Lord 1236. there was a Councell of all the great men Prelates and Clergie of the Realme summoned to meet at London by King Henry the third under Othe the Popes Legate which being assembled together at Paules the second day thereof the King sent John Earle of Lincolne Iohn the son of Jeffery and William de Reele a Canon of Paules to inhibit the Legate in the behalfe of the King and Kingdome that he should not there Attempt or decree any thing against his Royall Crowne and dignity William Reele remained there to see this inhibition observed the others departed The next day folowing the Legate supported with divine assistance astantis concilij Suffragits et consensu and by the suffrages and consent of the Councel there present to conserve and reforme the State Ecclesiasticall in the parts of England besides other Canonicall institutions promulged certaine Canons digested into Chapters and Articles which Edmond Archbishop of Canterbury with divers others who departed from the Councell with little joy resolved to nullifie and revoke as not confirmed by the King the Lords and Commons for ought appeares which Otho understanding writ to the Pope to ratifie them who accordingly did it by his decretall Epistle Anno 1288. John Peckam Archbishop of Canterbury held a Provinciall Councell at Redding in which he made five Constitutions purposing to draw the conusance of Patronages of Churches anciently belonging to the Kings Court to the Ecclesiasticall to rescinde all Royall Prohibitions in suites depending in the Ecclesiasticall Court for goods and Chattels and to inhibitu that Ecclesiasticall Judges should be thenceforth prohibited to proceed in them But the King hearing of this designe sent certain selected messengers both to the Archbishop and the whole Councell commanding them with threats to resist whence it came to passe that the Archbishop wholy receeded from his presumption and the Councell being dissolved all the Prelates returned frustrate of their hope 31. An. 1296. Robert Winchelsee Archbishop of Canterbury held a Provinciall Councell at London where the Clergy to disapoint the King of his Subsidies and Tenths decreed among other things Ne quid inconsulto Papa Regibus a Clero solveretur That nothing should be payed to Kings without the Popes privity and consent A right loyall Constitution worthy Prelates The King having then called a Parliament to re-inburse his monyes spent in the Scottish Wars had a large Subsidie granted him by the Commons and Burgesses But the Clergy neither offered nor granted him any thing by reason of this their Constitution for confirmation whereof the Archbishop had gotten the Popes Bull The King being moved therewith proroged the Parliament to London commanding the Clergy to be there on the first day of Saint Hilary to give him a better answer The King in the mean time commanded all the Clergy mens Barnes which were full of corne to be sealed up with publike Seales which whiles his Officers were executing the Archbishop commanded the Popes decree to be published in Cathedrall Churches inhibiting under pain of Excommunication that no Tribute or ayd should be payd to the King or to any secular Prince out of Ecclesiasticall livings or revenues an high straine of Papall usurpation and presumption and when he and his Suffragans met in Pauls they resolved to stand to their former Constitution and to grant the King nothing Such dutifull good Subjects were these lordly Prelates Whereupon the King sending messengers to them to demand a supply from them they all returne him this answer It is sufficiently known that under God the Lord of all we have two Lords a spirituall the Pope our Lord and a temporall the King our Soveraigne and though we are bound to obey both yet we ought to obey our spirituall Lord more than our temporall And therefore we intend to send a Legate to the Pope that his leave first obtained wee may give the King what he desires of us The King receiving this answer tooke it very disdainfully that he should be thus mocked in his own Kingdome by the Pope and his Clergie and thereupon thrust the Clergie out of the Parliament and held a Councell with his Barons and Commons alone and presently put all the Clergie out of his protection that none of them should have power to sue any man in any of his Courts but might be sued there by any of his subjects upon which all the Clergie but the Archbishop were content to offer the King the fith part of their Ecclesiasticall goods and the Archbishop persisting in his obstinacy had all
dignities elective and prohibits provisions usurpations citations and Bulls of the Pope and Court of Rome under paine of a Praemunire banishment abjuration Imprisonment Fine and ransome 14. R. c. 2. Limits the exchanges of monyes to the Court of Rome 15. R. 2. c. 2. 6. concernes forcible entries into Benefices Offices of holy Church mortuaties to Religious persons Popes Bulls consecrations of Church-yeards and Appropriations of Churches and Almes 16. R. 2. c. 5 provides for presentations to Churches against the Popes usurpations Translations excommunications Bulls and Jurisdiction under paine of a Praemunire 21. R. 2 it prefaced To the honour of God and holy Church and c. 1. confirmes the Churches Liberties In King Henry the 4th his Parliaments I finde that the Prologues of the Statutes in 1. ● 4. 7. 9. and 13. H. 4. begin thus To the honour of God and reverence of holy Church c. and the first Chapter in each of them is That holy Church have and enjoy all her rights liberties and Franchises entirely and without imbleamishing Then follow temporall Lawes 2. H. 4. c. 3. 4. prohibits provisions of exemption from regular or ordinary obedience granted to any religious persons from Reme Buls of exemption from payment of Tithes granted to the Religious of the Order of Cysteaux under paine of a P●amunire and Cap. 15. provides for the suppression of Sectaries hereticall Preachers Conventicles heriticall Bookes Schooles and preservation of the Catholique faith enacting that Heritickes shall be imprisoned abjured and in case of relapse or obstinacy burned 4. H. 4. c. 2. 3. confirme all the Statutes formerly made in favour of the Church and Clergy and for preservation of their liberties Cap. 12. concernes appropriations of Churches Vicaridges Ordinaries the Bishop and Archdeacon of Ely and other Religious persons cap. 14. prohibits working or wages on holy-dayes Cap. 17. enacts that none shall enter into Religion unlesse he be foureteene yeares of age without the Parents consent Cap. 22. concernes presentations to Benefices 5. H. 4. c. 11. 12. concerne Tithes Chalices and ornaments of holy Church 6. H. 4. c. 1. prohibits provisions and the payment of first fruits or exacted fees to Rome under forfeiture of all their estates who offend herein 7. H. 4. c. 6. inhibits Religious persons under paine of a Praemunire to procure any exemption from payment of Tithes or any provisions from the Pope 9. H. 4. c. 8. forbids provisions and translations from the Pope under paine of a Praemunire and makes all elections of Archbishops Bishops Abbots Prebends Deans to be free without any interruption from the Pope or King 11. H. 4. c. 4 Prohibits unlawful games on Sundayes and other holy dayes 1. H. 5. c. 7. 8. prohibits the conferring of Ecclesiasticall living upon Aliens and orders their benefices and the lands of Priors aliens to be seised in times of Warre 2. H. 5. c. 1. provides for Ordinaries visitations of Hospitalls and reformation of them after the lawes of the holy Church Cap. 3. grants a prohibition to spirituall Courts where they deny a Copy of the Lible Chap. 7. for the preservation of the Christian faith the Law of God and holy Church with in this Realme and the punishment of Heresies and Hereticks enacts that Hereticks shall be apprehended and imprisoned by Sheriffs and upon conviction of Heresy forseit their Lands and goods and be burned 2. H. 5. Parl. 2. c. 2. limits the wages of Curates and Parish Priests 3. H. 5. c. 1. enacts that holy Church have all her liberties and franchsies C. 3. concerns Abbots and Priors C. 4. inhibits provisions from Rome under a Premiarie C. 8. concernes Probate of Wills and r●gulates exorbitant fees for procuring them C. 6. forbids the promotions of Irishmen to Beneficies or Ecclesiasticall dignities 9. H. 5. c. 9. limits the manner of collecting Dismes by Archbishops Bishops and their Agents 2. H. 6. c. 1 confirmes the Churches liberties 6. H 6. c. 3. prohibits worke on and wages for holy dayes 8. H. 6. begins thus To the Laud and honor of Almighty God and of the holy Mother the Church Ch. 1. provides for the priviledges of the Convocation 10. H. 6. c. 11. limits how Bastardy shall be tryed between the Common and Canon Law which differ therein 15. H. 6. c. 7. concernes Abbots and Priots 27. H. 6. c. 5. prohibits Faires and Merkets upon Sundayes and principle holy dayes as a great prophanation of them 28. H. 6. begins To the honour of God and of holy Church 33. H. 6. c. 6. concerns the exemption of the Abbot of Founteynes and other Abbots and Priors from Vexations sutes 1. Ed. 4. is prefaced To the honour of God and of holy Church C. 1. containes in it many particulars concerning Bishops Abbots and Clergymen 3. E. 4. hath the same prefaced and 12. E. 4. c. 7 prescribes excommunication 4. times a yeare to be denounced against the infringers of Magna Charta as other Acts formerly did King Richard the 3d. prefaceth the Acts of his first Parliament in his 1. yeare thus To the honour of God and of holy Church c. 14. limits the maner of collecting the Clergies Dismes King Henry the 7th begins his Statutes in the 1. yeare of his Reigne To the honour of God and his holy Church and Cap. 4. enables Archbishops Bishops and other Ordinaries to imprison Priests Clerkes and Religious persons for incontinency which they could not doe before The Statutes of 2. 4. 11. 12. 17. H. 7. as their Prologues attest were made to the worship of God and holy Church and for the common good of this Realme The Statutes of An. 1. 3. 4. all or most Parliaments in the Regine of King Henry the 8th are prefaced To the honour of God and holy Church and for the Common Weale and profit of this Realme In the Parliament of 21. H. 8. C-3 4. 13. there were Statutes made concerning Probat of VVi●s taking of mortuaries by Priests or others against Pluralities of Benefices and taking of farmes by spirituall men All of Ecclesiasticall Cognisance 22. H. 8. c. 15. containes the Kings generall pardon to his spirituall Subjects who were fallen into a Praemunire by submitting to Cardinall Wolsies power Legatine 23. H. 8. c. 1. abridgeth the power of Ordinaries and takes away the benefit of Clergy in some cases ch 9. enacts That no man shall be cited into any ecclesiasticall Court out of the Diocesse wherein he dwells unlesse in certaine causes ch 10. settles the Law concerning feofements and assurances to the use of any Parish-Church or Chapell 24 H. 8. ch 12. takes away all Appeales to Rome and excellently sets forth the Kings supremacy as well in and over Ecclesiasticall causes and persons as temporall as you may read at large in the Act it selfe denying exploding the authority of the Pope and Sea of Rome 25. H. 8. c. 14. conteines a Law for the punishment of HERESY and
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 o● 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.
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 ●●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
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 Westmon●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 ●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
it as he thought meet as the beginning and end of every action of that Councell manifests Praesidente eodem piissimo Christo dilecto magno Imperatore Constantino Constantinus piissimus Imperator dixit sufficit c. being frequent in it and many of his temporall Lords and Officers sate there as Iudges with him The seventh generall Idolatrous Councell of Nice was likewise regulated directed by the Letters of Constantine and Irene by Petronius the Proconsul Theophilus an Earle of the Emperours retinue and by Iohn his royall Porter and treasurer of his Army with other Senators who sate as chiefe Moderators in that Councell The eighth generall Councell was prescribed and directed how to proceed and what to treat of by the Emperour Basilius who caused his Princes Nobles to sit in that Councell as principall directors whose judgement the Popes Legates themselves in that Councell demanded himselfe sitting sometimes in person therein as chiefe President As all these generall Councels were thus regulated and directed by those Emperours that summoned them and debated concluded nothing but by their speciall license and direction so all other forecited Nationall and Provinciall Councels were likewise limited and directed by those Emperours and Kings that called them as the fore-alleaged quotations evidence at large to such as will peruse them many of these Emperours or their temporall deputies sitting personally in them as chiefe Presidents and Moderators The Bishops in the first Councell of Orleance Anno 500 write thus to King Clodoveus who summoned them Al the Priests which ye have summoned to the Councell and commanded to meet together to treat of necessary things secundum vestrae voluntatis consultationem ET TITULOS QVOS DEDISTIS according to the consultation of your pleasure and the Titles You have given us to consult of we have deferred those things which seeme meet to us so as if those things which we have concluded may likewise be approved to be right by your judgment the consent of so great a King and of a greater Lord may by his sentence and authority confirme the sentence of so many Clergy-men to be observed Lo here the King prescribes this Councell particularly in writing what Articles they should treat of In the severall Councell of Basil Florence Lateran Constans Sennes and Trent summoned by the Popes usurped authority the Emperours Kings Dukes and Princes who sent any Bishops to those Councels had their Embassadours and Agents though Lay-men present at them swaying and directing them as they thought meet though in some of them the Popes faction bare the greatest stroke as the severall Acts of these Councels testifie some of which made choice of those Princes for their Protectors against the Popes Tyrannie and usurpations which they limited decreeing a Councell to be above the Pope and he to be bound by its determinations as well as others some Popes being accused convented and deprived by them though they summoned them or rather were enforced to call them by the Emperours and other Princes against their wills To conclude with forraigne presidents the late famous Synod of Dort Anno 1618. was summoned by the Estates of the Netherlands who enacted certaine Lawes and prescribed Articles to the Synod according to which they should proceed appointing likewise divers Lay-men to sit in that Councel as their Delegates commanding and enjoining them and every of them in their name and in their authority to open the Synod and in all and singular Sessions and Actions to be present in their name so to compose and order all things with their prudence counsell and moderation which belonged to their inspection and care according to those speciall instructions they had given them and the Articles they had framed for the ordering and holding of that Synod which had power to treat of order or determine nothing but what they had commission and licence from the States In few words the famous Lawyer William Ranchin though a Papist resolves and proves at large in his Review of the Councell of Trent l. 3. c. 10. That it belongs to Emperours and Kings to prescribe not onely the place time beginning and ending but the very forme of Councels proceedings both in respect of persons matters to be debated and all other circumstances As for Lay-mens presence presidencie and Votes in Councels to give a little satisfaction herein in this Section it is evident by the fore-cited Texts in the old Testament and by Presidents in the New as Acts 6. 1. to 8. c. 15. 4. 9. 22. to 30. c. 16 4. c. 21. 22. That Lay-men were not onely present but had Votes and consents in the first Apostolicall Councels In the Councell of Ephesus Candidianus a Noble-man was appointed by the Emperour to hold the Fathers there assembled to the points proposed and to keepe every man in order giving the chief directions therein In the French Synod under Childerick and Charleman Anno 742. In the Synod of Soissons Anno 744. of Wormes Anno 787. of Meaux Anno 845. of Pistis Anno 863. of Tribur under King Arnulph of Paris under Philip Augustus An. 1179 and 1184. of Vezelay under Lawes the young of Paris under Philip the faire called against Boniface the 8. of Bourges under Charles the seventh which made the pragmatick sanction of Toledo 6. 8. 12. of Rome under Otho the first of Wormes under Henry the third in the Councell held in the South part of England An. 903. under King Edward and Raymond in the Councell of London under King Stephen An. 1150. these severall Kings together with their Barons Nobles and other Lay-men were present in all these Synods Councells as well as Clergie-men or Prelates and gave consenting confirming Votes to things debated concluded in them these Synods being in truth meere Parliaments as I shall hereafter manifest In the Councell of Constance there were present not onely the Emperour but divers Embassadours Nobles and Lay-men of great quality and condition to wit 24 Dukes 140 Earles divers Delegates of Cities and Corporations divers learned Lawyers and Burgesses of Vniversities who were not debarred from voices and power of deliberating therein In the first Councell of pisa there were present to the number of 400 Lay-men of note delegates of Cities Vniversities States Princes and Doctors of Law who not only deposed two Anti-popes and elected a third true Pope but likewise treated of points of Divinity and made many good ordinances for the Church of God In the second Councell of Pisa there were many such Delegates Doctors of Law and Lay-men well skilled in divine and humane matters In the first Councell of Nice there were present writes Socrates many very learned Lay-men and well skilled in disputation who puzzled great Philosophers in matters of dispute In the generall Councell at Reimes holden by Pope Eugenius the third there were a great company of Nobles as well as Bishops
generall Councell of Constantinople was confirmed by the Subscriptions of the Emperors Basilius Constantine and Leo whose Princes and Nobles were present and sate as chiefe Directors and Judges in it And at the close of the Councell Basilius himselfe there present demanded of the Synod if they all consented to the Acts and Decrees of this Councell and whether any of them did stick or doubt of any of them whereto they replyed Omnibus placent quae lecta sunt Omnes eisdem ipsis concordamus omnes ita praedicamus omnes concinentes consentientes prompte subscribimus After which they all subscribed and then the Emperors in the last place subscribed in this manner Basilius Constantinus Leo perpetni Augusti in Christo Deo sideles Principes Romanorum magni Imperatores sanctam hanc universalem Synodum SVSCIPIENTES ET OMNIBVS QVAE AB IPSIS DEFINITA ET SCRIPTA SVNT CONCORD ANTES SVBSCRIPSIMVS MANV PROPRIA In the Councell of Friburg Anno 895. Arnulphus the Emperor sate chiefe President In which were present not onely Bishops and Abbats but likewise all the Princes and Nobles of the Empire with innumerable troops of Clergy-men and Lay-men who all confirmed the Acts and Decrees thereof with their Subscriptions Haec Subscriptio sacro-sanctae venerabili professione condigna responsione innumerabilium circumstantium Presbyterorum ac Diaconorum necnon NOBILIVM LAICORVM CONFIRMATA ET LAVDABILITER APPROBATA as Surius relates it In the great Councell of Constance the King of Romanes in his Imperiall Robes sate as President accompanied with his Nobles with the Ambassadors and Orators of all Nations who had voyces in that Councell and confirmed the Acts and Sessions thereof both with their Suffrages and Subscriptions Yea Sigismund King of Romanes upon the Petition of the Councell by his Letters Patents and Proclamations under his Seale tooke upon him the patronage and protection of the whole Councell and their Actions and justified and ratified all their Proceedings as the Fourteenth Session manifests and sundry Passages in that Councell prove at large In the Councell of Basil not onely divers Ambassadors and Nobles were present but likewise Sigismund King of Romanes Hungary and Bohemia tooke the said Councell into his Protection against Pope Eugenius the Fourth the Councell likewise protecting him and vacating all the Proces and Proceedings of the Pope against him and William Duke of Bavaria another of their Protectors Yea the Decrees of this Councell were made Assistente Domine Imperatore in habitu Imperiali by the assistance of the Emperor who sate in that Councell in his Imperiall Robes and confirmed the Acts and Decrees thereof with his golden Bulls and Edicts In this Councell many Epistles of the Emperor and other great Princes both ordering and ratifying their Proceedings and Decrees which were read publikely yea the Determinations and Constitutions both of the Councels of Constance and Basil were ratified by King Lewes of France by Act of Parliament 25. Januarij Anno 1475. and after that by another Act of Parliament at Paris 25. Junij Anno 1512. and by them enjoyned to bee strictly observed both which Acts are recorded at large by Bochellus where hee who listeth may peruse them In the Councell of Ferrara Joannes Palaeologus Emperor of Constantinople sate as chiefe President and divers Nobles with him yea hee swayed and directed most things in it and most that spake therein directed their Speeches to him as every Page almost of the Acts of that Councell and every Session manifest speaking and disputing Impetrata priùs ab Imperatore facultate dicendi Imperatoris jussu Si Serenissimo Imperatori placuerit ea nunc libenter aggrediar Imperator Serenissime vobis dico Mitissimi Imperatoris jussu Orationem nostram prosequemur Imperator Quisnam est Autor hujus voluminis And. Hermeus Imper. Estne rationi congruum ●t in Synodo historiae innitantur And. Ad cognoscendum res gestas Serenissime Imperator Historia uti debemus Imp. Historiam illam in nostra Religione debemus suscipere quam majores nostri probaverunt aliam verò minimè And. De Romanorum aut Graecorum aut Regum bello Historia Mitissime Imperator in Synodo nequaquam uti debemus c. Sed ut lubet Humanissime Imperator omissis his unde digressi sumus revertamur Imper. Dicat Cardinalis Imperator jussit ut dissertores electi negocium prosequerentur Ephesius Imperatoris jussu longam Orationem habuit Consentiente Imperatore c. This Councell being adjourned to Florence Julius the Cardinall there began it with this Oration Quoniam Imperator Mitissime c. after which followes a large Dialogue in open Councell between him and the Emperor in the close whereof Imperatorem rogarunt c. Cui quidem sententiae Imperator acquiescens voluit ut statim disputatores ipsos seligerent c. In the 22. Session of this Councell the Emperor oft times speakes Haec ad propositum nequaquam spectare videntur c. Vt tibi Pater Ephesius morem gereret huic questioni P. R. respondit Verum in posterum ne verbum quidem de ea faciet quandoquidem non tot de causis huc convenimus De proposita Questione necesse est in praesentia disputare de hac verò forsan alias Ita quoque Nobis videtur De hac Questione suo loco videbimus Session 23. John the Popes Disputant saith Superiori Sessione Imperatoris Serenissimi jussu convenimus Non ego sed Serenissimus Imperator tibi legem imponere potest saith hee to Marcus The Emperor in this Session spake oft and gave the rule of the Synod and commanded another Session to be held Jussit ut iterum Sessio haberetur And in the last Session hee orders all and rules the Rost among his Greciaus brings them to a unity with the Westerne Churches concerning the point of the Procession of the Holy Ghost both from the Father and the Sonne hee informes them that hee being by Gods grace their Emperor after the custome of his Predecessors would rest satisfied with the Determination of this Councell and what it or the major part of it should conclude hee would to the uttermost of his Imperiall power ratifie and defend But saith hee I will not bee constrained by the Latines to adde any thing to our Sacred Creed or to change any of the Ceremonies of our Church And when the Greeks and Latines had accorded and drawn up Letters of union both in Greek and Latine to which both parties should subscribe this Emperor first of all for his party subscribed in this manner Ego Joannes Palaeologus fidelis in Christo Rex Imperator Romanorum subscripsi And five Letters of Union being thus subscribed by him and the whole Synod they were further ratified by the Popes and Emperors Seales In the first Session of this great Councell of Ferrara the Pope would have placed the Emperor with his
Greeks on the left hand the Latine Clergy on the right and himselfe would have sate in the midst but the Emperor withstood it saying Locum ipsum sibi potiùs quàm summo Pontifici convenire That that place did rather belong to him than to the Pope But after many contestations they all accorded at last that the Pope and his Clergy should sit on the right side the Emperor and his Greeks on the left of the Church one right over against the other and neither Pope nor Emperor in the midst In the Councell of Lateran under Leo the tenth there were divers Ambassadors Princes Nobles and Lay-men present in every Session Sigismond King of Poland had his Ambassadors and Orators there chosen by himselfe his Princes Lords Spirituall and Temporall Nobles and Commons in full Parliament who gave them full Power and Commission for them and every of them Pro Nobis ac Regnis Dominiis Principibus Spiritualibus Secularibus Proceribus Populis ditioni Nostrae Subjectis saith their Commission under the Kings Seale 10. Aprilis Anno 1515. to treat of handle conclude agree and determine of all things in their names and steads that should bee propounded or handled in that Councell concerning Religion or the Church Etiamsi talia forent quae mandatum exigerent magis speciale quàm praesentibus est insertum Promising that they would ratifie grant confirme and establish whatever should be there done and acted by their Orators Maximilian Duke of Millain Francis Marquesse of Mantua Stanislaus and John Dukes of Mazovia and Russia sent Orators and Ambassadors to this Councell with like Commissions under their Seales to ratifie all things therin concluded in their steads recorded at large by Surius in the third Session of that Councell And the like Commissions had the Ambassadors of Lewes King of France Joachim Marquesse of Brandenburge William Marquesse of Montferrat Emanuel King of Portugall Charles Duke of Savoy and Maximilian the Emperor the Constitutions of Councells wherein the Pope sate President being not obligaotory unlesse the Emperor with other Christian Kings and Princes ratified them by their Ambassadors Orators and Proctors if absent from or by their Subscriptions and Seals if present in them In the Councell of Lyons Anno 1245. foure Noble-men chosen and sent by the King and Parliament of England were present as Ambassadors And the Bishops sent by the Church of England to the generall Councell of Pisa Anno 1409. were elected and chosen by the whole Clergy of England in their Convocation In the Councell of Basil King Henry the Sixth of England had fourteene Ambassadors Orators Proctors to whom and to the major part of them hee gave as well a generall as speciall power and Mandate in his name and stead to bee present in that Councell and therein to treat conferre and conclude as well of those things which might concerne the Reformation of the Universall Church in the Head and in the Members as of those things which concerned the Supportation of the Orthodox Faith and the Pacification of Kings and Princes as also of and concerning a perpetuall Peace from Warre between him and Charles of France his Adversary and also to treat commune and appoint and moreover to assent and if need were to disassent to those things which should there happen to bee decreed and ordained according to the determination of the said Councell Promising that hee would bona fide ratifie approve and confirme all and every thing that should bee done acted or effected in the premises or any of them by his said Ambassadors Orators and Proctors or the greatest part of them and that when hee should bee certified thereof hee would see them duly executed as farre as belonged to him and to a Christian Prince The Letters Patents themselves dated the tenth of July are recorded verbatim by Master Selden out of the Tables of France 12. H. 6. memb 2. A sufficient Testimony that it belongs to Christian Princes by themselves their Ambassadors Orators or Proctors to ratifie the Decrees of all Councells and Synods and to disapprove and damne them if they see cause Whence King Henry of France and the Parliament and Synod of Paris Anno 1593. damned and disavowed divers of the Canons of the Councell of Trent as prejudiciall to the Crown Royall Justice and liberty of the Church of France as Bochellus relates at full To conclude with Forraigne Presidents The Conclusions Constitutions and Determinations of that late famous Synod of Dort were ratified by the generall approbations and Edict of the Estates of the Low-Countries under their hands and Seale Visis cognitis maturè examinatis atque expensis praedicto judicio sententia Synodi say they in their Charter of Approbation ista plenè in omnibus approbavimus confirmavimus rata habuimus approbamus confirmamus rata habemus per praesentes Volentes statuentes ut nulla alia Doctrina de quinque praedictis Doctrinae capitibus Ecclesiis horum regionum doceatur aut propagetur praeter hanc quae praedicto judicio sit conformis consentanea c. Actum sub nostro Sigillo Signatione Praesidis Subscriptione nostri Graphiarij Hagae Comitis 2. Julij Anno 1619. All these with sundry other Forragine Testimonies abundantly demonstrate That the Constitutions Canons and Decrees of Councells are of no binding force and power at all unlesse confirmed by Emperors Kings Princes Nobles Subscriptions Edicts Patents Proclamations and Acts of Parliament and that most ancient Councells in forraigne parts were in truth but Parliaments To passe from these to our owne domesticke Presidents It is most apparent by numerous punctuall Examples that the Clergy of England alone had never any lawfull Jurisdiction vested in them to make binding Ecclesiasticall Lawes or Canons in our Synods and Convocations in any age without our Kings Nobles and Parliaments assents and approbations That all or most of our ancient Councells Synods Convocations were nought else but Parliaments wherein our Kings Nobles Senators and Commons were personally present as well as Bishops or Clergy-men And that all matters concerning Religion Church-Government Ceremonies with all binding Lawes Canons Articles relating thereunto have since the first planting of Religion in this our Island till this present time beene alwayes setled resolved confirmed in and by Parliaments or such Councells and Synods wherein our Kings Nobles Commons were present and had decisive Votes It is the received opinion of all our Antiquaries and Historians that King Lucius was the first Christian King of this Island and the first Prince in the world that embraced the Christian Faith That about the yeare of our Lord 185. hee writing to Pope Elutherius to send him the Romane and Imperiall Lawes whereby to governe his people then newly converted to Christ the modest Pope returned him this answer You have requested the Romane and Caesarean Lawes to bee transmitted to you from Vs which you would use
in the Kingdome of Britaine The Romane and Caesarean Lawes Wee may at all times reject but the Law of God by no meanes You have lately by Gods mercy received the Law and Faith of Christ in the Kingdom of Britaine You have with you in the Realme both Testaments out of them by Gods grace PER CONSILIVM REGNI VESTRI SVME LEGEM By the Councell of Your Realme not of your Clergy or Prelates take a Law and by it through Gods power You may governe Your Realm of Britain For You are Gods Vicar as Bracton likewise stiles our Kings in Your Realme c. Lo here the Pope himselfe resolves the King and great Councell of this Realme the Parliament not Clergy or Convocation to bee the only proper makers of Lawes to govern the Church and Kingdom by Anno 446. Germanus and Lupus two learned Bishops being sent hither out of France to suppresse the spreading dangerous Pelagian Heresie there was upon this occasion a Synod assembled at Verolam whereunto a numerous multitude of men together with their wives and children repaired ADERAT POPVLVS EXPECTABATVR FVTVRVS IVDEX The People were present expected to be the future Judge Adstabant partes dispari conditione consimiles Indè divina fides hinc humana praesumptio indè Christus hinc Pelagius autor perversae pravitatis c. After a long dispute Vanity is convinced confounded perfidiousnesse refuted being unable to answer the objections POPVLVS ARBITER vix manus continet JVDICIVM CVM CLAMORE CONTESTANDO c. The People being Arbitrator scarce hold their hands GIVING IVDGEMENT with a shout These things thus acted an innumerable company of both Sexes were converted to the Lord. In this first Synod that wee read of held within our Island the People were present as well as the Clergy and that not only as Auditors but Judges giving the finall Sentence in this great controversie concerning Religion Anno 449. There was another British Councell held by the said Germanus and Severus MAGNOQVE Clericorum ET LAICORVM NVMERO and a great number of Clergy-men and LAY-MEN against the reviving Errors of Pelagius and King Vortigerne 's incestuous marriage with his daughter OMNIVMQVE SENTENTIA pravitatum perversitas cum suis Autoribus condemnatur So that the Laity as well as the Clergy gave Sentence in this Synod against this Heresie and the Authors of it Nennius cap. 37. addes of this Councell concerning Vortigerne Dum conventa esset magna Synodus Clericorum ET LAICORVM in uno Concilio c. Ipse Rex maledictus est damnatur à beato Germano OMNI CONCILIO BRITONVM So that Lay-men were present and gave sentence together with the Clergy in this second Synod held in this our Isle About the yeare 612. King Ethelbert Genti suae Decreta Judiciorum as well in Ecclesiasticall as Temporall causes juxta exempla Romanorum CVM CONCILIO SAPENTVM INSTITVIT c. as Beda witnesseth About the yeare 627. Edwin King of Northumberland being perswaded to become a Christian returned this answer That he was about to conferre with his friends and COVNSELLORS concerning this thing and that if they would agree in opinion with him they would all be consecrated to Christ together in the Fountaine of life Hee did as hee had said Habito enim CVM SAPIENTIBVS CONCILIO For holding a Councell with his wise-men hee demanded severally of them all What this Doctrine which they had not hitherto heard of and the new worship of the Deity which was preached seemed to them And after some debate Coifi declaring his opinion that their former Religion had no vertue in it and that the Christian was farre better and to bee imbraced the rest of the Elders and Kings Counsellors concurred in opinion with him Whereupon they resolved forthwith to anathematize and burne with fire the Altars and Temples they had consecrated without fruit with the Idols in them Which done King Edwin with all the Nobles of his Nation and very many of the common people imbraced the Christian Faith and were Baptized Leo here a Pagan King and his Parliament determine the Christian Religion to be truest and thereupon renounce their former Idolatry and resolve to embrace the Christian Faith In the yeare 663. there was a great Councell held at Strenaeshale to decide the controversie concerning the due time of keeping Easter in which Councell King Oswey and his sonne Alfred with MANY NOBLES Bishops Clerks and LAY-MEN were present Colman and his Scottish Clergy maintained that it ought to bee kept after the Jewish computation Agilbert and his party held the contrary that it ought to bee observed at the time the Westerne Church solemnized it The Councell being sate King Oswey who presided in it before any debate of the Controversie made a solemne Speech unto them to this effect necessary for our times That it behoved those who served one God to hold one rule of living and serving him and not to differ in the celebration of heavenly Sacraments since they all expected one Kingdome in heaven Therefore they should rather inquire which was the truer tradition and that this should bee commonly followed by all Which said hee commanded Bishop Colman to relate what Rite it was which hee observed and whence it derived its originall Which Colman doing the King then commanded Bishop Wilfrid who was of the contrary party to declare his opinion and the grounds of it which hee did After long debate on either side the King gave sentence for VVilfreds opinion against Colman and his party because St. Peter who had the custody of Heaven Gates did by Colmans owne confession keep Easter as VVilfred held they ought to doe The King giving this resolution with his hands lifted up to heaven faverunt assidentes quique sive astantes majores unà cum mediocribus et abdicata minus perfecta institutione ad ea quae meliora cognoverant sese transferre festinabant all the great and meane Persons sitting and standing by concuring with the King gave sentence against Coleman for VVilfred and observed Easter accordingly ever after in their practice Here we finde the Clergy men only the debaters but the King Nobles and Commons the sole Judges and Resolvers of this Controversie and that in a most eminent generall Nationall Councell Anno 673. there was a Councell held at Hertford under Theodor Archbishop of Canterbury praesentibus Episcopis Angliae ET REGIBVS ET MAGNATIBVS VNIVERSIS writes Mathew Westminster at which all the Bishops Kings and great men of England were present All these sitting together Theodor propounded some Chapters or Canons concerning Church affaires before Them all which were afterwards assented to and subscribed Anno 684. There was a Councell held neare the River of Alne sub praesentia Regis Egfridi in the presence of King Egfrid who sate president in it Anno 692. King Ina made and published sundry notable ecclesiasticall laws concerning Religion Church government and
Ed●arus Rex tandem potior emvocate ad Brandenfordiam Regni Concilio Patris Edwini acta decreta rescindit Ablatas Ecclesiis Monasteriis opes restituit c. This no doubt was a Parliament King E●gars Ecclesiasticall Lawes An. 967. have this Prologue which proves them made in full Parliament Leges quas Edgarus Rex FREQVENTI SENATV ad Dei gloriam regiae Majestatis ornamentum ac Reipublicae utilitatem sanciunt Hoc est institutum quod Edgarus Rex Consilio Sapientum suorum instituit c. Anno. 973. I finde a Councell held at London under King Edgar for the regulating of the Abbots and Monkes of Glastonbury and setling of their priviledges wherein King Edgar granted a Charter to this Abbey CONCILIO OMNIVM PRIMATVM MEORVM subscribed by himselfe and Alfgina his Mother Edward Clito his successor Kmedius King of Scotland Mascusus his Admirall Dunstan Archbishop of Canterbury Oswald Archbishop of Yorke caeterisque Episcopis OMNIBVS Regni PRIMATIBVS with others of his officers In the Councell of Winchester An. 975. assembled to determine the great controversie whether married Clerkes ought to bee preferred before monkes King Edgar and his Queen Elferus Prince of Mercians Ethelwin Duke of the East-Angles Elfwold his kinsman Archbishop Dunstan cum cae teris Episcopis Abbatibus c. Brithnotho Comite cum NOBJLITATE TOTIUS REGNS were present to decide this difference In the Councell of Calne Anno 977. called for the same purpose there were present praeter Episcopes caeterum clerum TOTIVS Angliae Majores Natu Omnes aderant Aaglorum Optimates Rege tamen propter teneram aetatem absente There were at it Praesules PROCERES EQVITES NOBILES PARITER IGNOBILES Omnium ordinum conspicui clarique viri write our Historians Anno 1005. King Aethelred granted Lands and priviledges to the Monkes of Christ-Church in Canterbury by his Charter confirmed and subscribed in a Parliamentall Councell as well by his Nobles as Prelates and Abbots as you may read in the subscriptions themselves Anno 1009. There was a generall Councell at Eanham Concilium Aenhamense generale seu Pan-anglieum Optimatibus celebratum In this Councell there were thirty two Canons made which begin thus Haec sunt Constitutiones quaetulerunt Angli eruditi eligerunt etiam edixerunt instanterque docuerunt observandas This writes Spelman was doubtlesse a Parliament Regium fuisse certum est Aenhamense Concilium tum quod edicto Regis cogebatur de rebus statuit ad ecclesiasticos non pertinentibus tum quod in festo habebatur Pentecostes in quibus celebritatibus convocare Reges ex antiqun consuentudine soliti orant Proceres suos utriusque ordinis ad festum Regium adornandum consilia Regni ineunda yet its decrees are stiled SYNODALIA The Ecclesiasticall lawes of king Aethelred Anno 1012. have this Inscription Haec instituerunt Rex Aethelredus SAPIENTES ejus apud Habam They were made in full Parliament not in a Convocation of the Clergy and intermixed with secular Lawes The Councell of Winton under Canutus Anno 1021. begins thus Haec sunt statuta Canuti Regis Anglorum c. Venerando sapientum ejus Concilio ad laudem gloriam Dei sui regalitatem commune commodum Rex Canutus anno regni sui 5. cunctos regni sui Praelatos Proceresque ac Magnas ces ad suum convocans Parliamentum in suo publico Parliamento persistentibitpersonaliter in eodem Wolstano Adelnodo A chiepiscopis Ailwine Episcope Elmhamense alijs Episcopis ipsorum Suff aganeis septem Ducibus cum totidem Comitibus nec non diversorum Monasteriorum nounullis Abbatibus cum quamplurimis gregarijs Militibus ac cum populi multitudine copiosae ac omnibus tunc in eodem Parliamento personaliter existentibus votis Regijs unanimiter consentientibus praeceptum decretum fuit Quod monasterium sancti Edmundi c. sit ab omni jurisdictione Episcoporum Comitatus illius ex tunc in perpetuum funditus liberum exemptum c. This Councell was clearely a PARLIAMENT and so expresly stiled The Ecclesiasticall Laws of K. Knute An. 1032. were made in Parliament not in Convocation as appeares by this proaeme Consultum quod Canutus Aaglorum Dacorum Norvegiensium Rex ex SAPIENTUM CONCILIO ad Dei immortalis Gloriam Regiae Majestatis ornamentum Reip utilitatem Natalatijs Domini Nostri Jesu Christi diebus Vintoniae sancivit the Laws are in number 26. and intermixt with his secular Lawes made at the same time Haec illa humana atque politica sunt Jura quae Sapientum adhibito consilio per omnem Aagliam observari praecipio So as this Councell clearely was a Parliament not a Synod or Convocation Anno 1066. There was a most famous Councell or Assembly held at Westminster under King Edward the Confessor in the last yeare of his Reigne on the Feast of Christs Nativity Praesentibus Rege Confessore Edgitha Regina Stigando Archiepiscopo Cantuariae Eldredo Archiepisc Eboraci caterisque Angliae Episcopis Abbatibus Capellanis Regis COMITIBUS MINISTRIS seu Thanis Regijs MILITIBUS about the endowment priviledges and Sanctuary of Westminster Abby then newly re-edified and consecrated In which Councell the King granted severall Charters of priviledges to this Abbey which were consented unto ratified and subscribed as well by the Dukes Nobles Officers Knights and other Lay-men as by the King Queen Bishops Abbots and Clergy By all these ancient Presidents before the Conquest to which others might be added it is most apparent That all our prisline Synods and Councells were nought else but Parliaments that our Kings Nobles Senators Aldermen Wisemen Knights and Commons were usually present and voting in them as members and Judges and that all our Ecclesiasticall Laws Canons and Constitutions that were obligatory or binding as well concerning matters of faith Church-Government discipline as manners were ever made enacted ratified in and by our Parliaments only and not by the Bishops or Clergy alone or by the King and Clergy in meere Ecclesiasticall Synods without the Nobles Senators and Commons consents or Votes Neither finde I any example or Author from King Lucius his Reigne to the Conquest that either denyed the legislative or coercive power of such Councells and Parliaments either in matters of doctrine Discipline Church Government or manners but all readily and unanimously subscribed to it enough to silence all novell opposits whatsoever King William the Conqueror as he was resolved in a Full Councell and Parliament to bee Christs Vicar and chiefe Governour of the Church within this Realme in these words Rex quia Vicarius summi regis est ad hoc constituitur ut regnum Populum Domini super omina SANCTAM ECCLESI MREGAT ET DEFENDAT c. taken out of King Edward the Confessors Lawes which he established and ratified so he reformed the Ecclesiasticall Lawes and
Canons of the Church in and by a Common Councell and Parliament as well of the Nobles and Commons as of the Prelates and Clergy as is evident by this passage in the Manuscript Tables of Robert Winchelsy Arch-Bishop of Canterbury WILLIELMUS Rex Angliae DE COMMUNI CONCILIO Archiepiscoporum Abbatum OMNIUM PROCERUM REGNI SUI Leges Episcopales quae non berè nec secundum Sanctorum Canonum praeceptae fuerunt sicut nec sunt his diebus OBSERV AND AS IN CONCUSSE JUDICAVERIT c. And by this his rescript to Remigius Bishop of Lincolne WILLIELMUS Gratia Dei c. Sciatis vos omnes caeteri mei fideles qui in Angliamanent quod Episcopales leges quae non berè nec secundum Sanctorum Canonum praecepta usque ad mea tempora in regno Anglorum fuerunt COMMUNI CONCILIO et consilio Archiepiscoporum meorum caeterorum Episcoporum Abbatum OMNIUM PRINCIPUM REGNI MEIEMEND AND AS JUDICAVI Proptereamando Regia authoritate praecipio ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus amplius in HUNDRET placita toneant c. In the Councell of Rhoan Anno 1073. William the Conqueror sate chiefe President And decreed many things as well touching Ecclesiasticall Affaires as the benefit of his new Kingdom of England Among other things it was there decreed Judicatum est praesidente Rege Anglorum Gulielmo writes Matthew Westminster the King himselfe being president that Monkes who by force assaulted their Abbotts as the Monkes of Andoem had assaulted and slaine their Abbot at that time whiles hee was saying Masse in any Abbies should there be thrust into prison for it which before it seemes they could not be This Councell was no other then a Parliament diverse temporall Lawes as well as Ecclesiasticall being enacted therein and both ratified approved by this King who as Eadmerus stories of him would not so much as suffer the Arch-Bishop of Canterbury Primate of all his Realme when hee sate President in a generall Councell of Bishops assembled together to decree or prohibite any thing but such things as were suitable to his will and had first been ordained by himselfe In the Councell of London under Lanfranks An. 1075. Concessum est Regia MUNIFICENTIA Synodali authoritate Episcopis de villis transire ad Civitates By the Kings Royall munificence and the authority of the Synod liberty was granted to Bishops to remove from the Villages wherein they resided unto Cities whereupon Herman Bishop of Schiroburne removed to Salisbury Stigand from Selescia removed to Chichester Peter from Litehfield removed to Chester the King ratifying the constitution of the Synod and ordering this removeall An. 1093. King William Rufus assembled a Councell of his Bishops Abbots and Nobility of the whole Kingdome that they might By their common assent determiue and discusse whether Anselme Archbishop of Canterbury could Keepe his faith to the King or not saving that faith reverence and obedience which he owed to the Apostolike See of Rome which he would by no means violate A weighty question surely of a loyall Prelate The Bishops Abbots and Nobility of the whole Kingdome almost Ex Regia Sanctione assembled at Rochingham Castle on the fifth day of March at one a Clocke in the afternoone to debate this businesse but the King commanded all things to be adjourned till the morrow Quia Dies Dominica erat because it was the Lords Day an unmeet time to discusse such a businesse as this was On the morrow in medio Procorum conglobatae multitudinis eos assistentem Monachorum Clericorum LAICORUM numerosam multitudinem sic loquitur c. Lo here the Nobles Commons as well as the Bishops Abbots and Clergie assembled in a Councell to wit a Parliament to determine a case of conscience and that at Anselms request This matter being long debated and Anselme continuing refractory the busines was defet●ed till after Whitsuntide In the Councell of London under Lanfranke summoned by King William Rufus Anno 1095. Vlstan Bishop of Worcester was deprived of his Bishopricke by the Kings sentence and verdict quasi homo idiota c. Ipso rege consentiente hoc dictante decernitur deponendus saith Matthew Paris the King sitting chiefe president in it In the Councell of London Anno 1102. under Anselme the King and his Nobles were present as well as the Bishops and Ahbots that whatsoever was therein decreed might be approved ratified and observed by the unanimous care and solicitud of both orders For soit was necessary A plain testimony that the Councells of England in antient times were no other but Parliaments and that their Canons ound not any unlesse confirmed by King and Parliament At this Councell write Wil. Malmesbury Eadmerus Anselme the Archbishop requesting it of the King Primates Regni the great men of the Kingdom were present quatenus quicquid ejusdem Concilii authoritate decerneretur VTRJVSQVE ORDINIS CONCORDI CVRA ET SOLJCITVDINE RATVM SERVARETVR SJC ENIM NECSSE ERAT quum multis retre annis Synodali cultura cessante viciorum vepribus succrescentibus Christiana religionis fervor in Anglia nimis reripeat which they thus preface out of Anselmes owne Copy and relation Anno 1102. quarto autem Praesulatus Paschalis Summi Pontificis tertio Regni Henrici gloriosi regis Anglorum ipso annuente celebratum est Concilium in ecclesia beati Petri in ●ccidentali parte juxta Londoniam sita communi consensu Episcoporum et Abbatum et Principum totius regni In this Councell held at Westminster therewere 26. Canons compiled some against Priests mariage and Wives which when Giraldns Archbishop of Yorks enjoyned his Clergie to observe all the Clergie of his Province refused to submit to them being unwilling to part with their Wives or to vow Chastity as some of those Canons enjoyned them to the execution whereof the great discord betweene the King and Anselme concerning the investitures of Bishops being an obstacle produced to this effect Necanones hujus Synodi legum vim ac potestatem sortirentur That those Canons should not obtaine the force and power of Lawes Anno. 1107. another Councell was held under Anselme in King Henry the first his owne Palace in which Councell The King assented and enacted that from thenceforth no man should be invested into any Bishoprick or Abbie of England by the King or any Layman by giving him a pastorall staffe or a Ring Proceres Regni the Peeres of the Realme writes Eadmerus were called to this Councell and the King assented to and ratified this Act Astante multitudine ac per Consilium Anselmi et Procerum Regni the Commons standing by him by the Councell of A●selme and of the great men of the Realme This Councell then was a Parliament and this Canon assented to both by the Commons Peeres and King ●o make it valid Not long after this King
Canterbury and Yorke to London to celebrate a Councell of all England there on the day appointed for the beginning of his Councell when all having taken their Robes and ensignes were about to go in Procession to it there fell out a vehement contention between the Archbishops themselves about the priority of place in the Councell For that rule of the Apostle in honour preferring one another was so abrogated by the Bishops of our time that neglecting their Pastorall diligence and care Bishops by how much the more stubbornly by so much also the more vainly contend about Praecedencie and almost all Episcopall Controversie is wholy conversant about the praerogative of their honours In conclusion Yorke comming soonest praeoccupied the first seate alleadging that the same belonged to him by the ancient decree of Saint Gregory by which it is known to bee enacted that of the Metropolitans of England he should be accounted the chiefe who was first ordained But Canterbury having made a solemne complaint of the preoccupying of his place as if he suffered prejudice refused the second seate Whereupon his subjects or Clerkes of his Province contending more fiercely for him presently the simple contention of words grew into a brauling Yorke the adverse party being stronger was thrust with ignominy from the place he had so early taken who exhibited his torne Myter to the Legate as a signe of the injury offered to him and cited Canterbury to the Apostolicall See The Metropolitans therefore thus contending and things thus disturbed the Councell was not celebrated but dissipated and they who had assembled as called forth to a Councell returned to their own homes Matthew Parker in his Antiquitates Ecclesiae Britannicae out of Gervasins and Radulphus de Duceto relates the story in these words A Legate called Flugonius came into England from the Pope at King Henry the seconds request that hee might both separate Queene Eleaner from him by a Divorce and comprimise the Controversie between the Archbishops of Canterbury and Yorke touching the precedency which had continued for many successions of Bishops and been oft times determined but never finally ended till the Statute of 31 Hen. 8. cap. 10. such was the pride and ambition of these Arch-Prelates whose more than civill contentions for superiority our Historians have at large recorded to their infamy This Legate assembled a Councell at Westminster in the Church of the infirme Monkes whither the Clergie of both Provinces plentifully assembled and when the day of beginning the Councell was come the Legate sitting on an high Throne gave the right hand to the Archbishop of Canterbury But Yorke hoping that the King would bee more propitious to him than to Canterbury refused the left hand and striving most impudently with his breech to sit between the Legate and Canterbury at last sate downe in the lap of his Primate He had scarcee touched Canterbury with his breech with which he strove to get the second place but he was shamefully reprehended both by many Bishops and also by many Clerkes and Laymen The Archbishop of Canterburies servants provoked with the indignity of this wicked fact and the vehemencie of the just reproofe pulling York out of their Lords bosome and throwing him down on the ground trampled him under their feet and his Archiepiscopall Robes being most shamefully pulled off and torne they buffeted him with their fists But Canterbury when as he could not call away nor hold off his servants enraged with so great anger departed out of the Councell that at least hee might draw them away with him by his departure The servants following their Master left Yorke lying prostrate on the ground environed with his torne Garments At last Yorke fetching many deep and frequent sighes ariseth halfe dead and goeth all bloody to the King who with his son was present in the Councell the thing for which I principally relate the storie and makes his complaint against Canterbury The King having received Yorks relation only was at first in censed against Canterbury but afterwards the truth of his owne rashnesse and impudency being manifested he dismissed Yorke who departed from the King with disgrace the most reviling him with clamors go go said they thou betrayer of Saint Thomas thy hands doe yet stinke with blood But he poore wretch did now welter in his owne not Thomas his blood Hugocius among these tumults perplexed with feare having pronounced a blessing sodainly dissolved so unluckie a Councell and appealled Canterbury to the Pope as guilty of this battery Yorke also did the like At last Canterbury least he should be overwhelmed with appeales on both sides submitted himselfe and his servants to the Popes protection by appealing both the Legate and Yorke to Rome so all equally appealed But the next day Canterbury who knew the manner of the Pontificians pacified the Legate with gifts and they thus reconciled remitted their Appeales on both sides Afterwards the Archbishop of Cant. and Geoffry of Ely were againe accused by the Bishop of York before the King that in the Councell of Westminster they had laid violent hands on him which when they had denyed and purged themselves upon Oath they were reconciled by the Kings command and by him a truce for five yeares was made between Canterbury and Yorke who promised betweene themselves upon Oath that they would firmely stand to the Arbiterment of the Bishops of Normandy and France as well concerning this battery as all other controversies depending between them And so this fray and Councell ended wherein you see the King Prince and Laymen were present it being in truth a Parliament accompanied with a Convocation Anno 1226. there was a Synod held at London under Otho the Popes Legate where the King with the Clergy Magnatibus Regni and the great men of the Kingdome assembled with many Bishops Priests La●corum Turbis and Troops of Laymen when they were all assembled Otho read the Popes letters to them before them all in which the Pope alleaged that it was a most ancient scandall and reproach to the Church of Rome that she was branded for coveteousnesse the roote of all evill and in this especially that no men could expedite any businesse in the Court of Rome unlesse by disbursing great summes of money and giving store of gifts but because the poverty of the Church of Rome was the cause of this scandall and infamy her naturall sons ought to relieve the want of their Mother for unlesse we should receive gifts from you and other good and honest men we should want necessaries to supply our lives which would be altogether incongruous to the Roman dignity Therefore utterly to roote out this scandall by the Councell of our Brethren the Cardinalls of the holy Church of Rome we have provided a certaine forme to which if you will consent you may free your Mother from scandall and obtaine Justice in the Court of Rome without giving any bribes Now the forme provided is this First of
his temporalities goods Chattels seised into the Kings hands Who yet would not yeeld but pronounced them all excommunicate who disobeyed the former constitution which being made onely by the Clergy and not ratified by King and Parliament was held but a meere idle nullity and audacious disobedient attempt obliging neither King nor subject Anno 1418. A Provinciall Synod was held at London under Henry Chichely Archbishop of Canterbury Where upon the motion of Robert Guilbert President of Merton Colledge in Oxford and of Thomas Kington it was decreed That the Patrons of Ecclesiasticall benefices when they fell voyd should conferre them upon such who were Graduates in the Universities having a respect of their degree and profession according to the value of the living This Constitution being propounded in the Congregation in the University to be there ratified the Masters of Arts Monks and Professors who exceeded the Regents of the University in multitude rejected and refused it but K. Henry the fifth being addicted to learning An. 1420. writ to the Synod then assembled at London wherein the Chancellors both of Oxford and Cambridge petitioned that it might be received though the Maisters of Art had refused to receive it to passe the Decree which some Friars there opposed Judge in Parliamento postea confirmavit and he afterwards confirmed the same in Parliament Loe here a Constitution first made in a Synod or Convocation rejected in both Vniversities because not then confirmed by the King in Parliament to make it binding and efficatious for future times a most pregnant evidence for proofe of that I now contend for To cite more presidents of this nature in former ages would be more tedious than necessary in so plaine a case I shall therefore passe from Councels and Synods to direct Acts of Parliament touching Religion and Church affaires As high as we have any Acts of Parliament since the Conquest remaining on Record We finde all Ecclesiasticall matters and Church affaires setled and ratified by speciall Acts of Parliament only not by the Clergies Canons The great Charter of England first granted by King Henry the first ratified afterwards at Runing-Mead by King John revived by King Henry the third in the ninth yeare of his Raigne confirmed frequently by him afterwards by King Edward the first in the 28th yeare of his Raigne yea by all or most of his successors in speciall Acts of Parliament by the Petition of Right 3. Caroli begins thus Know yee that we to the honour of Almighty God and for the salvation of the Soules of our Progenitors and Successors Kings of England to the advancement of holy Church c. First We have granted to God and by this our present Charter have confirmed for Vs and our Heires for ever more that the Church of England shall be free and have all her rights and liberties inviolable And that all her elections shall bee free c. An. 1164. In February there was a Parliament held at Clarindon by King Henry the 2d his command who was there present where all the Archbishops Bishops Abbotts Priors Earles Barons Nobles and great men of the Realm made a Recognition or Recerd of part of the Customes and Liberties of the Kings Ancestors to wit of King Henry the first and others which ought to be observed and kept by all men in the Realm by reason of the dissention and discords frequently emerging betweene the Clergy and the Kings Iustices and great men of the Realme the substance whereof was conteined in these 16. Chapters recorded by Matthew Paris 1. That if any controversie concerning the advowson and presentation of Churches should arise betweene Laymen or betweene Laymen and Clergie men it should bee heard and determined in the Court of our Lord the King 2. That the Churches of the Fee of our Lord the King could not bee given in perpetuity or appropiated without his grant or concession 3. That Clergiemen accused of any thing being summoned by the Kings Iustice should come into the Kings Court to answer the same there that so the Kings Court might determine what was to bee answered there and what fit to be answered in the Ecclesiasticall Court that so the Iustice might send into the Court of holy Church to see how the matter shall there be handled And if the Clarke shall be convict or confesse the crime that the Church from thenceforth ought not to protect him 4. That it shall not be lawfull to the Archbishops Bishops and persons of the Realme to goe out of the Realme without the Licence of our Lord the King and if they shall goe thence if it shall please the King they shall give him security that neither in going nor in returning nor in staying they shall procure hurt or dammage to our Lord the King or the Realme 5. That excommunicate persons ought not to give a pledge to remaine vadium ad remanentiam nor to take an Oath but onely to give a surety or pledge of standing to the judgment of the Church where they are absolved 6. That Laymen ought not to be accused but by lawfull accusers witnesses in the presence of the Bishop that the Arch-Deacon may not lose his right nor any thing that he ought to have from thence And if those who are accused shall be such that no man will or dares to accuse the Sheriffe being required by the Bishop shall sweare twelve lawfull men of the Vicenage or Town before the Bishop that they shall manifest the truth concerning such according to their Consciences 7. No man who holds of the King in Capite nor any of his Dominicall Ministers or house-hold servants shall be excommunicated nor the Lands of any one of them put under interdict unlesse our Lord the King if he bee within the Realme be first acquainted therewith or his Iustice if he shall be forth of the Realme the reason then rendred was lest the King should at unawares Kisse or admit to his Councell such an excommunicate person resorting to him that so he may doe right concerning him and see that what appertaineth to the Kings Court shall be there determined and that what belongeth to the Ecclesiasticall Court may bee sent unto it that it may bethere descided 8. Concerning appeales if they shall happen they ought to proceed from the Arch-Deacon to the Bishop from the Bishop to the Archbishop and if the Archbishop shall faile in exhibiting Iustice they may appeale to our Lord the K. in the last place and that by his precept the controversie may be ended in the Arch-Bishops Court so that there ought to bee no further proceeding without the assent of our Lord the King 10. If any be cited by the Arch-Deacon or Bishop for any offence for which he ought to answer to them and will not appeare upon their citations it shall bee lawfull for them to put him under interdict but they ought not to excommunicate him till he be convented before the
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 constituti●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 o● 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
the Assembly not by any particular man or men in a private way when either House shall require it All things agreed 〈◊〉 and prepared for the Parliament to be openly read and allowed in the Assembly if the major part assent Provided that the opinion of any persons dissenting and the reasons urged for it be annexed thereunto if the Dissenters require it Together with Solutions if any were given in the Assembly to these Reasons Jo Browne Cler. Parliamentorum Having thus sufficiently evidenced the authority and jurisdiction of Parliaments in matters of Religion and Church affaires by these numerous punctuall irrefragable Presidents in all Ages give me leave to add these two considerations to them to demonstrate this their undoubted right and priviledge beyond all contradiction and silence every adverse tongue Pen of all Papists Anabaptists Brownists Separatists or Independents whatsoever First that all our ancient and moderne Writs for summoning a Parliament have ever had this speciall clause in them Pro quibusdam ardnis ungentibus negotiis Nos statum defensionem Regni Angliae ECCLESIAE ANGLICANAE concernentibus qu●ddam Parliamentum c. teneri ordinavaimus From whence it is most apparent That the state and defence of the Church of England and well ordering of the same is one Principall end of summoning Parliaments and one maine part of the subject matters of our Parliaments as Sir Edward Cooke resolves 2ly That all every of the pre●ended opposites to Parliaments Ecclesiasticall jurisdiction hand formely and none especially in the present Parliament addressed severall Petitions to this High and Honorable Court for Reformation of the Church suppression of haeresies Errors Idolatry Popery Superstition Schismes Prela●y and establishing Gods true worship Religion Ordinances Discipline as to the most proper Iudicature Tribunall Lawgiver in our Church which they could resort unto and not to the Convocation or any other Assembly of Clergy-men alone or Independent Congregation To give you some few remarkable instances besides those formerly remembred instead of infinite others which I pretermit for brevity Our famous English Apostle Iohn Wickelesse as he professedly maintained in K. Richard the second his Raigne That any Clergy-man yea the Pope himselfe might lawfully be reprehended accused and corrected by Lay-men That the temporall Lords and Princes might lawfully and meritoriously take the possessions and Revenues from the Church and from Ecclesiasticall persons offending habitually c. to the end they might reforme them And that they were obliged to reforme the Church and Prelates under paine of being traitours to Iesus Christ So likewise in the fifth year of this King he Writ and sent to the Lords and great men assembled at London IN PARLIAMENT seven Propositions tending to the abolishing of the Popes usurped power and exactions to selfe the temporalities of Deli●●●ent Bishops to remove Bishops and Clergy-men from all secular imployments 〈◊〉 reforme the abuses of Excommunications and imprisonments upon them to 〈◊〉 Transubstantiation and reforme the Churches both to 〈…〉 the particulars whereof you may read at large in 〈◊〉 And 〈◊〉 long after his learned Disciple William 〈◊〉 a Marty● being unjustly condemned by the Bishop of Hereford for maintaining Wickliffes opinions appealed to the King and Parliament against it and withall writ a pious Letter to the Parliament recorded by Master Fox which concludes thus Deare worshipfull Sirs in this world Theseech you for Christs love as ye yet 〈◊〉 loven Gods Law and Truth that in these dayes is greatly borne abacke that they wollen vouchsafe these things that I send you written to Gods worship to let them be shewed IN THE PARLIAMENT as your wits can best conceive to most worship to our God and to shewing of the truth AND AMENDING OF HOLY CHVRCH My conc●usions and mine● appeale and other true matters of Gods Law if any can finde in them error falsenesse or default privet by the Law of Christ clearly to christian mens knowledge I shall revoke my wrong conceit by Gods law be amended more ready to hold with Gods law openly and privily with Gods grace and nothing to hold teach or maintain that is contrary to his Law By which he made that very Parliament Iudges of his Doctrine had reformers of the Church though for the most part Papists in those dayes On the contrary side the very Papists Prelates Clergy and Convocation in those times did likewise Petition the King and Parliament for suppression of haereticall opinions Preachers Bookes Schooles Conventi●les and the punishment and restraint of hereticks sectaries haereticall preachers and Schoolmasters as they deemed them and upon their prayer and importunity the Statutes of 5. R. 2 〈…〉 5. ●2 H. 4. c. 15. ● H. 5. c. 7. to which the Commons never consented were made and 〈◊〉 to that purpose as is evident by the very words of the Acts themselves Master Fox his Acts and Monuments vol. 1. Edi● 〈◊〉 p. 773. And it is as evident that the Popish Commons Petition was the cause of the Statute of 25 H. 8. c. 14. For the punishment of heresie and the Popish Clergyes importunity to King Henry the eight his motion to the Parliament the occasion of the bloudy Statue of 31 H. 8. c. 14. 34. H. c. 8. 1. as the words of the Acts and Master Fox demonstrate both King and Clergy Nobles and Commons even in these times of Popery deeming our parliaments the meetest Iudges and only lawgivers for ordering Church affaires and matters of Religion About the 37. yeare of King Henry the 〈◊〉 Roderick Morse once a Grey 〈◊〉 published a book in print 〈◊〉 A complaint to the Parliament house of England directed to the Parliament wherein he demonstrates many abuses and corruptions of the Church and Clergy of England in those dayes both in matter of Doctrine Worship Discipline manners which he earnestly presseth petitioneth the Parliament effectually to reforme by wholsome Lawes and Edicts as a thing most properly belonging to their place and Iurisdiction as the whole booke manifests which had been very absurd had the Parliament been no meer Iudge of Religion and Church affaires and no 〈◊〉 Reformers of these abuses by Lawes and punishments as some now repute them In King Edward the sixt Queene Maries and Queene Elizabeths severall Raignes the Clergie and 〈◊〉 made their Petitions and addresses to the Parliament for setling reforming establishing all matters of Religion Church-government and discipline as the forementioned Statutes with multitudes of Petitions and bookes printed and dedicated to the Parliaments in their severall Raigns demonstrate especially 1. and 2. Phili. and Mary c. 6. 8. 1 Eliz. c. 1. 2. 4. 8. Eliz. c. 1. Two admonitions to the Parliament Anno. 1572. Iohn Penry his supplication to the Parliament and others The Petitions to all the severall Parliaments in King Iames his Raigne and our present Soveraignes but more especially to this present Parliament from all sorts of people in every County of the Realme
Lipsiae 1584. together with the severall Confession of all the Protestant Churches in Germany and elsewhere recorded in the Harmony of Confessions which were made published established by the severall Protestant States to Diets or Parliaments by common consent of the Nobles Magistrates Senates Ministers of those Churches not by the Clergy alone are a sufficient demonstration of their Ecclesiasticall legislative power and jurisdiction in all matters of Faith Discipline and Government In few words I dare averre that there is never a forraigne Christian Empire Kingdome or Republike in the world whether Protestant or Popish but hath in their Parliaments Diers Senates made sundry Lawes concerning matters of Faith Government Discipline Clergiemen and all Ecclesiasticall affaires yea for the establishment of that Religion Church Government and Discipline in present use among them as their severall Laws and Constitutions will abundantly manifest to any who have vacancy to peruse them I shall close up this Section with some presidents of the Parliaments of Ireland and Scotland which have most affinity to the Parliaments of England Among the printed Statutes of Ireland collected by Master Belton I mèet with these ensuing Ecclesiasticall Lawes made in the Parliaments of Ireland 36. H. 6. c. 1. That Beneficed persons shall keep Residence 7. E. 4. c. 2. 3. That none shall purchase Benefices from Rome and that pardons made to such as purchase them thence shall be voyde 10. H. 7. c. 5. Against provisors from Rome 25. H. 8. c. 2. For uniting the Personage of Cantrim to the Priory of Saint Peters 28. H. 8. c. 5. That the King shall be supreame head of the Church of Ireland ch 8. and 26. For payment of first-fruits ch 13. Against the Authority of the Bishops of Rome and chap. 14. 17 18 23. For other Ecclesiasticall matters 33. H. 8. c. 6. Conconcerning Mariages cha 12. For Tithes chap. 14. For erecting of Vicaridges 33. H. 8. Parl. 2. chap. 5. For suppressing religious houses 2. Eliz chap. 1. For restoring to the Crowne the ancient Iurisdiction and the State Ecclesiasticall and abolishing all forraigne power repugnant to the same cha 2. For the uniformity of Common prayer and service in the Church chap. 3. Concerning first fruits and Personages impropriate c. 4. For the conferring and consecrating of Archbishops and Bishops 11. Eliz. c. 6. and 13. Eliz. c. 6. with diverse others since For Scotland I finde many Ecclesiasticall Lawes concerning the Church Church-men and all matters of Religion made in Parliament and intermixed with their temporall Acts. To omit the Ecclesiasticall Lawes of King Keneth mixed with his Temporal enacted about the Yeare of our Lord 844. In the Statutes of K. William of Scotland made about the Yeare of our Lord 1170 chap 32. Is For maintaining the true Religion and the Rights and liberties of haly Kirke chapter 34. Of the honesty of Clarkes King Robert the first in his Parliament holden at Scone with his Bishops Abbots Priors Ea●i●s Barons and other Noblemen of his Realme to the honour of God and haly Kirke with common advise and consent of all the Prelates and Freeholders foresaide and haile community in the 13. Yeare of his Raigne to wit Anno 1319 made a law chapter 〈◊〉 For the freedome of the Kirke and Kirkmen and maintenance of true Religion And the second Parliament of this King chapter 1. Is of Donation of Lands made to Religious persons and chapter 14. Concernes Nunnes Among the Statutes of King David the 2. the 12th chapter is of Pilgranners and chapter 42. For freedome of holy Kirke Not to mention all the statutes made in the Parliaments of Scotland in times of Popery for advancing the Popes Authority Masse Prelacy with sundry Doctrines and Ceremonies abolished by subsequent Acts in times of Reformation I shall only give you a briefe account of some of their Acts of Parliament since beginning of reformation in that Kingdome I finde in Master John Knox his History of the reformation of the Church of Scotland lib. 3 pag 56 57. in the London edition ●644 That in a Parliament held in Scotland Anno 1543. there began question of the abolishing of certaine tyrannicall Acts made before at the devotion of the Prelates for the maintaining of their Kingdome of darknesse to wit That under paine of Haeresy none should read any part of the Scripture in the vulgar Tongue neither yet any Tractate or exposition of any place of Scripture which Act after great debate in Parliament betweene the Nobility Commons and Clergie was wholly repealed and this Act of Parliament enacted That it should be lawfull to every man to use the benefit of the Translations which then they had of the Old and New Testament together with the benefis of other Treatises containing wholsome doctrine untill such time at the Prelates and other Church-men should give and set forth unto them a translation more correct And so by Act of Parliament it was made free to all men and women to reade the Scriptures in their vulgar tongue and all Acts to the contrary abolished This was no small victory of Christ Jesus against the conjured enemies of his Verity In the yeare 155● of the Protestants in Scotland petitioned both the Queene Regent and likewise the Lords Barons Burgesses assembled there in Parliament for repeale of severall Lawes formerly made against Heritickes for prayers in their vulgar Tongue frequent preaching or interpretation of the Scriptures due administration of the Sacraments of Baptisme and the Lords Supper Reformation of the Church Prelates and ecclesiasticall estate their lives Courts and proceedings And likewise entered a formall Protestation in the Parliament House After this in the yeare 1560. The Protestant Barrons Gentlemen Burgesses and others of the Realme presented a large supplication to the Nobility 〈◊〉 States of Parliament then assembled wherein they desired the abolition of Idolatry and such false Doctrin as w●e condemned by Gods word by Act of that Parliament and punishment to be appointed for the transgression that the abuses and prosanations of the Sacraments of Jesus Christ and of the true Discipline of the Church might be reformed That the Popes usurped ecclesiasticall Authority might be abolished and the Popish Clergy removed c. Which application being read in the Audience of the whole Assembly the Batons Ministers other Petitioners were thereupon commanded to draw into plaine and severall heads the summe of that Doctrine which they would maintaine and desire the present Parliament to establish as wholsome true and only necessary to be beleived and to be received within the Realme which they willingly accepted and within foure dayes presented a large Confession of the faith professed and beleived by the Protestants within the Realme of Scotland consisting of 25. Articles which were read in face of Parliament and after ratified by the three States of this Realme at Edinburgh the 17. of Iuly 1560. and by the whole body of the Parliament which
That every particular Church now consisting of visible Saints is under Christ as the SOLE Head King Governour Law-giver of it and so is subject to no other jurisdiction then that of Christ his Spirit his Word We hold that every particular Church is under Christs Government as the SOLE Head King Lord Governour thereof That it is a spirituall House whose only builder and Governour is Christ and not man A spirituall Kingdome whose only King is Christ and not man A spirituall Republique whose only Law-giver is Christ and not man A spirituall Corporation whose only head is Christ and not man That no man nor power on earth hath a Kingly power over this Kingdome That no earthly Law-givers may give Lawes to this Kingdome or Republique That no man may claime or exercise a head-ship over this body That no man can or ought to take the Government of this Communion of Saints That men may not appoint limit constitute what Congregations of all sorts they please to be Churches of Christ as Nations and Parishes That Christ is King over every mans conscience so that no power on earth may sit with him in this his Thror c. yea so as no human power not Law may intermeddle to prescribe rules for the Government or formes of this Church of Christ That the Children of those Parents who will not thus acknowledge Christ to be their only King and Law-giver and are ashamed or afraid to be thus in Covenant with Christ in the Independents way as their King are not to be baptized such Parents not being within the Covenant A very hard and uncharitable censure of all Churches Persons who are not Independent That Christ is the ONLY Potentate Law-giver Lord King Governour over Churches and not men Not Councells or Senates That this is Christs Royall Prerogative which is incommunicable to ANY or All the powers on earth That Christ hath not delegated his Kingly Office to any Princes Magistrates PARLIAMENTS to set up any forme of Worship of Church-Government who have no authority to make Lawes to rule or binde any particular Churches and if they make any such they shall be apt to transgresse them but yet men must take heed how they punish them for that transgression with any enseresciderdum or Club-law This is the summe and oft repeted Argument of my deare Brothers Booke To give a satisfactory Answer to this Objection I shall first demand of my dear Brother what he meanes by this frequently incultated assertion That every particular Church is under Christ as the only Head King Lawgiver Lord and Governour thereof c. and that none ought to have any power rule or Jurisdiction in the Church but Christ alone If he intends that he is the only immediate HEAD KING Law-giver and Governour as he clearely doth I desire some solid scripture proofes for it since he produceth none to evince it the rather because it is quite contrary to sundry expres Texts which stile Kings Majestrates Ministers Heigher powers Rulers Overseers Fathers Nursing Fathers Pastors of over their Churches people flocks who are ever enjoyned to obey submit unto them yea Rulers of the Templ Congregation Church Rulers Chife Rulers of the Synagogu ●ay sometimes Gods sitting upon Gods throne to whom men must yeeld obedience for the Lords sake as to Gods Christs Vicegerents and Embassadours Yea Brother your selfe informe us out of Scripture pag. 51. That the members of Christs body are Superiour and inferiour as Pastors Teachers Teaching and RVLING Elders Helps GOVERNMENTS Bishops or OVERSEERS c. If Christ then be the onely Head King Ruler Shephard Governour of his Church and none else in that sense you object what will become of these Pastors Ruling-Elders Governours Overseers which you averre Christ hath fixed in his Churches What will become of those Independent Ministers who take upon them like absolute kings Popes Lawgivers to erect gather new Chruches of their own forming and prescribe both Lawes Rules Covenants to them which Christ never made Brother you must expunge the 1 Tim. 5. 17 Let the Elders that RULE well be counted worthy of double honour Rom. 13. 1. Let every soule BEE SVBIECT to the HIGHER POWERS c. even for CONSCIENCE SAKE Tit. 3. 1. Put them in minde to be subject to Principalities and Powers to obey Magistrates c. Heb. 12. 17. Obey them that have THE RULE OVER YOU and SVBMIT your selves for they watch for your soules as they that must give an account c. Remember Salute all them that have the RVLE OVER YOV Acts 20. 28. Take heed to the floke over which the Holy Ghost hath made you OVERSEERS or Bishops to feed the Church of God which he hath purchased with his bloud Rom. 12. 8. HE that RVLETH let him do it with diligence 2 Chron. 9. 8. Blessed be the Lord thy God who delighted in thee to set thee VPON HIS THRONE to BE KING FOR THE LORD THY GOD c. with infinite other Texts yea the very names of Kings Princes Governours Elders Rulers Magistrates Overseers Bishops Teachers Fathers Pastors Masters c. out of the Bible and all Christian States Churches if you will make Christ alone the only immediate King Ruler Governour Lawgiver of his Church in the sence you here object it and that no person nor humane power whatsoever hath or ought to have any rule power or jurisdiction in or over the Churches people of God But if you meane no more but that Christ is the onely supreame Head King Lord Governour Lawgiver Pastor and Ruler of his Church and that all other Kings Princes Magistrates Rulers Pastors Ministers Governours are subordinate unto him as to the King of Kings Lord of Lords and chiefe Shepheard of his flock● your proposition is true but your conclusion miserably false that therfore there are no subordinate Kings Magistrates Rulers Pastors Governours Lawgivers under him to rule governe order instruct direct his Churches and people which the forequoted Texts your owne experience reason and the whole world will contradict Secondly I shall demand of my Brother how he proves all his forementioned Paradoxes concerning Christ and the Church in the sense he propounds them Or that his own or other Independent Churches lately gathered erected by no other but by men and consederated by a new Covenant framed by men not Christ to be built governed ordered onely by Christ and not men to be the spirituall Kingdome of Christ c. whole onely King Governour Head is Christ and not man Or in what Text he can shew me any particular Independent Church stiled Christs spirituall Kingdom and Republike I find it prophesied Revl 11. 15. That when the seventh Angel foundeth The KINGDOMES of this World which must be meant of Nationall Churches which you deny not of Particular Congregations which are no such Kingdoms shall become the Kingdomes of the Lord and of his Christ That all the