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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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Common State before all controversies of Religion and causes Ecclesiasticall had beene concluded King Canute in his Parliament holden at Winchester upon Christmas day after sundry Lawes and Orders made touching the faith the keeping of holy Dayes publike prayers learning of the Lords Prayer receiving of the Communion thrice in the yeare the manner and forme of Baptisme fasting and other like matters of Religion in the end thereof saith thus Iam sequitur institutum Legum secularium Now followeth an Order for temporall Lawes Thirdly we see that the Godly Catholique Princes in old times thought is their duty before all other offices of the Common weale first to determine matters of Religion and that even BY THE PARLIAMENTS OF THIS REALME In a Parliament holden by King William the Conquerer it is written thus The King for as much as he is the Vicar of the highest King is therefore appointed for this purpose that he should Rule and defend the Kingdome and People of the Lord and above all things the holy Church c. Hereby it appeareth that Kings and Princes are specially and of purpose appointed by God not only to defend but also to Governe and Rule the holy Churh How be it if any imperfection shall appeare in the former Parliaments we give God thankes for the same that is and trust that for his owne names sake he will confirme what he hath begun The hearts of Princes and determinations of Parliaments are in his hands If any thing want the arme of the Lord is not Shorted he is able to supply the same So our incomperable Iewell enough to satisfie and silence all our Opposites Thomas Bilson Warden and afterwards Bish of Winchester bringing in the Prelates and Iesui●s objecting against our reformed Protestant Religion that it was brought in and ratified not by a Councell and Synod of the Clergy but by the Prince Queene Elizabeth and the Parliament who say they had no power to determine or deliberate of those matters returnes this answer May not the Prince command for truth within hee Realme except your consents be first required and had● May not her Highnes serve Christ in making laws for Christ without your likeing Claime you this interest and prerogative that without you nothing shall be done in matters of Religion by the Laws of God or by the liberties of this Realme By the Lawes of the land you have no such priviledges Parliaments have beene kept by the King and his Barons the. Clergy wholy excluded and their Acts and statutes good And when the Bishops were present their votes from the Conquest to this day were never negative By Gods Law you have nothing to do with making Lawes of Kingdoms or Common wealthes You may teach you may not command persuasion is your part compulsion is the Princes If Princes imbrace the truth you must obey them If they pursue truth you must abide them By what authority then claim you this Dominion over Princes that their laws for Religion shall be voyde unles you consent seeing they are the maintainers establishers and upholders of the faith with publique power and positive Lawes which they and their Parliaments may make without a precedent councel of Clergy men to guid them as he there proves at large by sundry presidents If any Concurre not with me in this undoubted Ecclesiasticall Iurisdiction of Christian Princes and Parliaments after all these pregnant testimonies I must tell them in plaine english they directly violate their late vow and Covenant and symbol●e herein with Jesuites and Popish Prelates whose doctrines they have abjured by their Nationall Covenant and therefore cannot may not ever hereafter emb●ace without the highest Perjury and plaine Apostacy unto Popery I shall finish this Section of the Authority and power of Parliaments in matters of Religion Church-government Discipline and enacting Lawes in all and every of these particulars with some forraigne presidents in the Parliaments Diers Assemblyes of Estats in other Realme republikes Should I now relate unto you the many ecclesiasticall Laws of all sorts made in them I might swell this Treatise into many folio volumes I shal therefore only give you a brief touch catalogue of some few which the Studious may peruse make use of at their leisure For FRANCE you may survey the Decrees of King Childebert debated and agreed by him and his people in a Parliament de quibuscunque conditionibus una cum Optimatibus nostris c. 2. 4. c. 15. For sanctifying the Lords Day prohibiting the dressing of any but necessary food on it all Bodily labour under pecuniary mulcts The ecclesiasticall laws of Charles the great Ludovicus pius Charles the Bald collected into one volum by Abbot Ansegisus Benedictus Levita Lindebrogus others printed with some pettinent additions Parisijs 1640. stiled Capitula Regum Episcoporum Maximeque OMNIVM NOBILIVM FRANCORVM were made GENERALI CONSENSV PIDPLIVM SKORVM ET GENERALI CONSVLTV ET COMMVNI CONCILIO by generall consent of the King Bishops and especially of the Nobles and states of France in Common Councells Parliaments and Assemblies of the estates Who had so great a power in making rejecting Canons ecclesiasticall Lawes that when in the yeare 846. the Bishops of France and their suffragans had in their Synods compiled certaine Canons by the command of Charles the Bald and tendered them to him as he had commanded in Sparna● a Village of the Church of Rhaemes to peruse and approve the King Dissidentibus regni sui PRIMORIBVS ab eorundem episcoporum admonition● by reason that the Nobles and other men of his Realme differed from the Bishops in opinion in most of those Canons the King and Nobles out of all their Canons or Chapters haec tantum observanda complacenda sibi colligerunt Episcopis scripto tradiderunt dicentes NON AMPLIVS DE FORVM CAPJTVLIS ACCEPTASSE QVAM ISTA ET ISTASE VELLECVM PRINCIPE OBSERVARE which were Stiled Captule Regis CAROLI not the Bishops Canons By which it is evident that no ecclesiasticall lawes or Canons could be made in France to bind either Clergy or Laity but such at the King Nobles Parliament and three estates approved and confirmed I shall add to this that Anno 1307. King Philip the 4. of France assembled a Parliament at Paris wherein the Laity of France exhibited 65. Articles against the Clergy to regulate their jurisdiction and abuses which were there largely handled and debated as you may read at leisure in Masters Fox who records the passages very fully in the French Histories What the Parliament Estates in France have done enacted in matters of Religion Church-Government and discipline of ancient and latter times you may read at large in Liurentius Bochellus his Decreta Ecclesiae Gallicaiae in Carolus Molinaeus Contra parvas Datas c. in William Ranchin his Survay of the Councel of Trent but above all in Antonie Fontanon
not onely in their Pulpits but likewise in sundry late Pamphlets wherewith they have filled the World That every particular Congregation of visible Saints and Independent Church is under the Government of Christ alone as the ONELY Head King Governour Law-giver of it and subject TO NO OTHER IVRISDICTION then that of Christ his word and Spirit That NO POWER ON EARTH NOR EARTHLY LAW-GIVERS MAY CAN OR OVGHT TO GIVE LAWES FOR THE GOVERNMENT OF THIS REPVBLIKE nor claime nor exercise an Headship or undertake the Government of this Body That neither KINGS NOR PARLIAMENTS NOR SYNODS have any Authority to prescribe Lawes or Rules for the Churches Government to order the affaires of Christs Kingdome or institute the Government of his Churches or to make coactive Lawes in any Ecclesiasticall matters to bind the conscience of any Church or Christian to outward conformity or inflict any mulcts or penalties for contempt or disobedience Christ onely being the Lord of mens consciences which ought to be left at liberty That the Members of the Parliament are chosen but by a secular Root by the Generality and Riffe Raffe of the world Papists Atheists Drunkards Swearers Men voyd of the knowledge feare and grace of Christ And therefore the Independent Brethren conceive as great AN IMPOSSIBILITY that a Legitimate Ecclesiastick Power should according to the mind of Christ bee by them conferred upon any men or that they should have any Power or Authority from Christ to nominate or appoint who shall bee the men by vertue of such nomination or election to enact Lawes and Statutes in matters of Religion and to order under mulcts and penalties how men shall worship and serve God as it is in Jobs expression to bring a cleane thing out of an uncleane That the Parliaments claiming or exercising any such Ecclesiasticall Power or others attributing of it to them is a meanes to awaken the eye of Jealousie upon them and seven times more destructive and under-mining of not onely their Power but Honour Peace nd Safety also than any thing that is found in the Independent Way so ill entreated That it is a claiming of the sacred and incommunicable Royalties of Heaven an accounting it no Robbery to make themselves equall with God and such an high provocation in the eyes of the Most High as IF CONTINVED IN by the Parliament will kindle a fire in the brest of him whose name is Jealous which will consume and devoure Yea one of them puts this Question If the whole Kingdome may deny obedience unto Popish Acts and Canons or upon any other like just occasion and they themselves bee Judges whether the occasion bee just or no Whether MAY NOT INDEPENDENTS a part of the Kingdome onely doe the like in all respects Or Whether ought they because a Lesser part of the Kingdome yeeld obedience to Popish Acts and Canons because a Major part approve of and agree with a Parliament and Synod in approving them What if they should be for Popery again Judaisme or Turcisme t is no offence to make a Quere nor impossible to come to passe the greatest part of those that chose our Parliament men being thought to be Popishly or Malignantly affected c. Putting divers such like Queries destructive to the very fundamentall Power and Being of Parliaments and as bad or worse than the Popish Gun-powder Plot to blow up the Soveraign Ecclesiastick and Civill Authority of this High Court in all succeeding Ages These with infinite other Anti-Parliamentall Anti-Synodicall and Anti-Monarchicall Paradoxes at which I professe I stand amazed have not onely dropped from the Lips but Pens of sundry Independents who have avowed them publikely in Print with their Names affixed to their Bookes even before the face of Your Right Honourable Parliamentary Assembly and Supreme Tribunall in such open affront and high contempt of Your undoubted Rights Power Priviledges which Your Honours and wee all are obliged by Late Solemne Oathes Covenants Protestations to defend maintaine with our very Lives and Estates and to discover oppose all others who shall invade them to our uttermost power as I am confident no Age nor History can ever parallel in the least measure the very Malignant Prelates and Anti-Parliamentary Cavaliers having not proceeded in this kind so farre as they which I speake with deepest griefe of heart and spirit out of Conscience of that common Vow and Covenant which bindes mee to discover oppugne reveale abhorre it and detestation of their most pernicious Assertions not out of the least malice or hatred to any of their Persons What the Independents end of publishing these desperate Anti-Parliamentary Paradoxes should be unlesse to prepare their party and all others as much as in them lies utterly to reject whatever publike forme of Church-Government Discipline Reformation and Directory of Worship Your Honours by the advice of the Reverend Assembly shall establish in our Church for the future after all your serious consultations debates paines Prayers and Fastings about it and to set up their owne Anomolous Platforme which they averre is Christs Kingdome and Government and which may upon probable and higher grounds than of reason bee thought in time to overthrow and put downe all other Governments whatsoever and to stand up alone in their stead since Christs Kingdome shall stand up when all opposite earthly Kingdomes like earthen vessells shall with an Iron Rod bee dashed in peeces Which they close up with a Faxit Deus festinet in despight of Your Authority and all humane Power whatsoever I cannot conjecture And their owne late printed Passages with Mr. Iohn Goodwins Sermon that it would be more easie for him and hee should rather yeeld to bee torne in pieces by wild horses than submit to such a Government which proceeded from a Parliament chosen by the Riffe-raffe of the world c. intimate and expresse as much Which what an high contempt it is against Your undoubted Power and pious Ecclesiasticall proceedings in Reforming setling the Doctrine Discipline and Government of our Church the grand desire and prayer of all wel-affected spirits I most humbly submit to Your saddest thoughts and deepest wisedomes who have both Power and Authority in Your hands to suppresse incomparable Prudence and Providence to prevent these growing dangerous Insolencies before they become Masterlesse or Epidemicall past Your cure Farre be it from my thoughts to exasperate Your Power or Iustice against any Delinquents of this kind some whereof are so neare and deare unto mee that it is my heaviest affliction to mention their extravagancies in this kind of which I trust they and all their followers will be now ashamed and a Brotherly Admonition to their Persons though their Writings undergoe the sharper Censure will I hope induce them upon second thoughts both to discerne lament recant their fore-mentioned Paradoxes and abhorre themselves for them even in dust and ashes as one of them professeth hee will doe in case hee be convinced And
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
his Les Edicts et Ordonnances dos Royes de France A Paris 1585. Tom. 4. throughout wherein you may see an whole Folio volume of Ecclesiasticall Lawes and Edicts made by the Kings and Parliaments of France to which for brevity I shall remit the Reader For Spain the forecited Councels of Toledo which were but Parliament and assemblies of the Estates The lawes of the Wisigothis especially lib. 1● De removendis OMNIVM HAERETICORVM SECTIS exterms DE OMNIVM HAERETICORVM ATQVE IVDAEORVM ERRORIBVS AMPVTANDIS which you may read at large in the third some of Hisp●● Illustrata p. 992. to 1014. and in Fredericus Lindebrogus his Codex Legum Antiquarum France-furtii 1613. p. 210 to 238. together with the Generall history of Spain Joannes de Laet. Hispaniae Descriptio Hieronimus Blanca Rerum Arragenensium Commentarius will furnish us with sufficient Presidents of their Parliaments Iurisdiction in matters of Religion and making Ecclesiasticall Lawes in all Church matters For Bohemia Georgius Bartholdus Pontanus his Bohaemia pia l. 7. De Rebus Gestis sub Ludovico Rege lib. 1. c. 8 9 10 12 24 25 21 29 30 31. lib. 2. c. 3 to 24. l. 3. c. 2 6. l. 4. c 1 711 18 33 34. Pauli Geschinii Majestas Carolina sine Constitutiones Caroli 4 Romani Imperatoris quibus illo Regni●● Bohemiae firmandum ornandumque censuit Handviae 1607 Rubr. 1. De fide Catholica Rub. 2 4 5. De hareticis c. Aeneas Sylvius his Historia 〈◊〉 Pauli Stranhii Respub Bohemiae Master Fox his Acts and Monuments 〈…〉 Grimstons Imperiall History will furnish us with sundry Presidents where their Kings and Parliaments have determined and settled matters of Religion and Church-government in that Kingdome not Synods of their Clergy For Denmarke Hungary Poland and Sueden the Lawes and Historians of these Kingdomes abundantly testifie that their Parliaments and generall Assemblies of State have alwayee settled matters of religion and Church-government See Guagninus Chromerus Saxogrammaticus Pontanus Chy●●● Rer um Ungarirarum Scriptores For Italy I find that Theodoricus King of Italy among his temporall Laws intiteled Edictum Theodorici Regis hath many Ecclesiasticall constitutions intermixed as cap. 26. 70. 71 168 125 143. and 174. De die Dominico prohibiting arrests or citations thereon The like I finde among the Lawes of the b Burgundians made by Gundebald their K. by the advise and consent of his Nobles Coram positis Optimatibus nostris universa pensavimus iam nostra quam eorum sententia mansuris in aeuum legibus sumpsimus statuta praescribi cap. 28. 44 45. 51. ● Additamenti primi cap. 18. Additamentum 2. cap. 12. Among the Lawes of the Almains made in the time of King Chlotair una cum Principibus suis id sunt 33. Episcopis 33. Ducibus 72. Concitibus vel cetero populo consti●●ta est writes my Author I finde sundry Ecclesiasticall Lawes intermixed with temporall as cap. 1. 24. and cap. 38. De eo qui die DOMINICO opera servilia fecerit Which first enacts Die dominico nemo opera servilia prasumat facere quia hoc Lex prohibet sacra Scriptura in omnibus contradicit And then prescribes bast inadoing to a servant that shall worke on the Lords day and to a freeman after three admonitions the forfeiture of the third part of his inheritance and for the 4th offence perpetuall villainage Quia noluit Deo vacare in sempiernum servus perman●●● In the Lawes of the Bavarians first compiled by King Theodoricus by the advise of Wisemen skilfull in the Lawes afterwards proceeded in by King Childebert and Clothaire and renued by King Dagobert by advise of his Parliament as this Preface to them attests Hoc DECRETUM est apud Regem Principes ejus ● apud CUNCTUM POPULUM CHRITIANUM qui intra Regnu●● 〈◊〉 consistunt I finde the first Title to bee DE ECCLESIASTIC IS REBVS De libris legum justitutionum qua ad CLERVM pertinent Concerning whom there were many very good Lawes enacted I meet with sundry Lawes made by Tassilo Duke of Bavaria Anno Do. 772. Et per PRIMATES Imperij unmerso CONSENTENTE MVLTITVDINE c. Est ab universis uno ore confirmatum c. Many of which Lawes are meerely Ecclesiasticall As the first for the honour and sanctifying of the LORDS DAY Sicut in Lege Scriptum est in decretis Canonum and cap. 2 3 4 6. De Popularibus legibus cap. 10. 11 12 20. So also in the Aditions of Charles the Emperour to the Bavarian Lawes Addit 1. c. 1. 8. and Addit 2. cap. 7. 8 10. Among the Lawes of the Saxons cap 2. sect 8 9. There are some Lawes relating to the Church In the Prisons Laws chap. 18. There is this Law concerning the LORDS DAY Qui opus servile die Dominico fecerit ultra Laubachi sol 12. in caeteris locis Prisiae 4. Sol. culpabilis indictum Siseruus hoc fecerit vapuletur aut Dominus ejus 4. Solidos pro illo componet Additio Sapientum to these Laws Tit. 1. and 12. Concerne the Church Among the Lawes of the Lombards l. 1. tit 2. chap. 2. lib. 2. tit 8 38 39. lib. 3. tit 1. De Episcopis Clericis tit 3. De decimis tit 10. De Rect●●ibus Ecclesiarum tit 11. De Pontificibus tit 26. De excommunicatione and tit 30. 32 40 are wholly Ecclestasticall In the Lawes and Constitutions of those of Naple● and Sicily made in the yeare 1221. lib. r. tit 1. 2. D● Haereticis 〈◊〉 eorum Receptoribus Fauctoribus c. tit 3. De Apostatis tit 5. De Crimine sacrilegij tit 7. De Decimis and Tit. 29. 65 68. lib. 3. tit 1. 2 3. 20 25 26 28 43 51 58 59. are meerely Ecclesiasticall concerning Religion the Church and Clergie Not to mention the many Ecclesiasticall Lawers and edicts made by some of the Roman and Greeke Emperors with the consent of their Senators recorded in Iustinian in Codice Theodosij lib. 16. throughout and many of them inserted by Gratian himselfe into his Decrees and body of the Canon Law and reduced under severall heads by Paulus Windeck in his Theologia Iuriscon●●●torum Canonum Legum Consensus Not to rehearse the many Lawes and edicts of the German Emperors Princes Diets touching Religion and Church affaires of all sorts mentioned scatteringly in Abbas Us●eigensis Sabellicus Rerum Germanicarum Scriptures Ioannes Aventinus Au●alium Boyorum Master Fox Fasciculus Rerum expetendarum Hermaennus 〈◊〉 Grimstons Imperiall History Constitutiones Imperat Parisijs 1606. 〈◊〉 Comment Chytraus Chron Saxoniae and Augustana Confessto fidei Dictrina Electorum Principum Ordinum Imperij atque corundem Theologorum qui Augustanam Confessionem amplectuntu● subscribed by all the Protestant Princes Dukes Earles Barons Councels Senates Senators of Germany presented to the Emperor and printed yea reprinted by all their speciall Commands
ends of the World shall turne unto the Lord and all the kindreds of the Nations shall worship before him for THE KINGDOME is the Lords and he is the Governour among the NATIONS That ALL NATIONS shall serve and worship before him That he shall have DOMINION from sea to sea and from the Rivers to the ends of the earth That all DOMINIONS shall serve and obey him That the KINGDOMES of the earth shall sing unto the Lord c. All pregnant proofs of Nationall Churches which should serve and obey Christ But that Independent particular Congregations of visible Saints and they only should be Christs Kingdom Republick and Governed immediately by him rests yet on my Brothers part to make proofe of when he is able Thirdly I shall request my Brothers to satisfie me others by that Texts he can make good these Paradoxes of his That those who will not submit to his Independent Church-government Covenant become members of such Churches have no interest in the Covenant Sacraments or Seal of the Covenant or right to any Church-Communion That they are not within the Covenant visibly and therefore their Children not visibly to bee baptized That they professe not Christ to be their King and are afraid or ashamed to be in Covenant with Christ as their King c. Do not these uncharitable Paradoxes good Brother un-Church un-Saint all Christians and reformed Churches whatsoever which submit not to your new way excluding both them and their Children from the Covenant and Seales of Grace and all Church-communion at least in and among your Congregations as professed enemies to the Kingdome and Soveraignty of Christ Is not this the very language Doctrine of the Antichristian Church of Rome who vaunts herself the onely true Church of Christ out of which there is no salvation un-Churching all Churches and un-Saincting all Christians but their owne professed members as haeretickes Schismaticks and enemies to Christ yea is it not an higher strain of spirituall pride and uncharitable Behaviour against your brethren then ever the Donatists or Nouatians broached I beseech you deare Brother in the bowels of Christ to consider and recant these harsh passages which you can never justifie before God or men and have given great offence to many who cordially affect you These generall questions being demanded I shall next addresse my selfe to a more particular answer of the premised Objection by reducing it into these Logical arguments which wil best detect the fallacies imbecillities of it The first is this Christ is the only immediate supreame King Head Ruler and Governour of every particular Church Ergo no Kings Parliaments Councels Synode or any human Power can make any Lawes Rules Canons for the setling of Religion or reforming Governing well ordering of any particular Churches of Christ This is the summe of all my Brothers Passages I answer that this is a meere Independent Argument which will introduce a world of absurdities if admitted as I shall cleare by these following Instances 1. The Scripture is expresse That God himselfe is King yea a great King over all the earth That Christ is the ONLY Potentate the King of Kings and Lord of Lords yea a great King over all Gods That all the Kingdomes and Nations of the earth are the Lords and that he giveth them to whomsoever he will● That his kingdome ruleth over all That his is the greatnes the Kingdom the power and the glory and the Majesty that all that is in the Heaven and in the Earth are his that he is exalted as head over all and raigneth over all That he is Lord and King of all as well of their bodies estates as soules and consciences Ergo By my Brothers forme of Arguing No Kings Parliaments Potentates Rulers Kingdoms Republikes ought to make any Lawes for the government of their Realmes publikes Nations Corporations or the ordering of mens persons or temporall estates but God and Christ alone and all particular Kingdomes Societies States Corporations Families are and ought to be immediatly subject to no King Majestrat Parliament or human power whatsoever even in temporall things but only to God and Christ 2ly God is more frequently stiled in Scripture The Lord of HOSTS and God of BATTLE then he is called the only King of his Church a Title you can hardly show me in direct termes in sacred writ Yea his power and providence principally appeares in mannnaging and disposing all occurrences and particulars concerning Hosts Armies Battles as your Brother Burroughs in his Glorious name of the Lord of Hosts hath largely manifested Ergo by this Logicke No King Parliament Generall Captaine or Councell of Warre may or ought to make or prescribe any Martiall Lawes for the regulating governing mustering Marshaling or disciplyning of their Hosts but God alone 3ly Christ is our only Soveraigne Lord Master Father Ergo no Landlord Master Father ought to prescribe any Lawes Rules orders for the better Government of their Tenants servants families Children but Christ alone by your argumentation 4ly Christ is the chiefe Shepherd Bishop Prophet Teacher and Instructor of his Church Ergo none ought by your reasoning to seed teach or instruct the Church and people of God but Christ alone We must have no Ministers teaching Elders Pastors Teachers to instruct Vs henceforth who are but men and not Christ himselfe 5ly Christ is the only Mediator Advocate Intercessor for his Church and people Ergo none ought by their Prayers and intercessions to soltcite the throne of Grace for the peace prosperity reformation and deliverance of Christs Churches and people but Christ alone Ministers must not pray for their people nor Saints one for another noreither of them for the whole Church of God if your Argumentation be solid 6ly If this argument stand firme then marke the inevitable consequences of it Independent Subjects will argue with their Princes Majestrates Superiors thus Christ is our only King Head Lord. Therefore we must not be subject to any Lawes and commands what soever but only to the lawes and precepts of Christ Wives Children servants will reason thus Christ is our onely Head Husband King Lord Father Master Therefore we will not we ought not to be subject to any of the Lawes Orders precepts of our Husbands Parents Ministers but only to the immediate Rules Laws edicts of Christ himselfe Mutinous or Independent Souldiers will thus argue with their Generalls and Commanders Christ is our only Captaine Generall and our Lord of Hosts Ergo we will be commanded conducted ordered by none but Christ not by any other Captain or Generall whatsoever Nay people and every member of your Independent Congregations upon any discontent wil thus dispute with their Ministers Ruling Elders Congregations Christ is our only head King lawgiver Judg. Therefore neither Councels Synods nor any Independent Ministers or Congregations may prescribe any Laws covenants Orders or directions to us or exercise any jurisdiction
liberty left them to elect what civil government they by publique consent shall deem most convenient provided it be generally agreeable to Gods Word which hath prescribed generall rules applicable to all civill Governments actions as well as Ecclesiasticall and spirituall though no one Government in particular And why the Government of the CHVRCH MILITANT should be more particularly uniformly unalterably said down in scripture then the Government of Christian Kingdoms Nations states under the Gospel which leaves both of them equally undetermined since both of them were alike limited among the Israelites under the Law no rational man cangive any solid reason Christ being King of Kings Lord of Lords yea a great King over all the Earth the only Potentate and Lord of Kingdoms Nations Republiques and of mens bodyes estates as well as KING and Lord of his Church Saints or of mens soules and consciences 9ly There was not only one uniforme Church-government at first under the Gospell in all Churches no not in the Apostles times for in the originall gathering and planting of the Christian Churches they had at first only Apostles Brethren no Elders or Deacons After that their Churches increasing they proceeded to elect ordain Deacons in the Churches of Ierusalem and afterwards some other Churches though not in all for ought we read Not long after the Apostls ordained Elders in Churches which had none at first after that Widowes in some Churches not in all In the primitive Churches some Congregations had Apostle s Evangelists Prophets workers of miracles Healers by miraculous extraordinary gifts of healing men endued with diversities of Tongues Interpretation of Tongues GOVERNMENTS that is men gifted with an extraordinary faculty of Governing Churches all which the Scriptures many Divines distinguish Other Churches at that time had none of these Officers or members and all Churches have beene deprived of them since those dayes these Officers not being perpetuall but temporary as all acknowledge though Christ might have continued a succession of them still had he pleased Therefore the Government and Officers of all Churches not being de facto one and the selfesame in all particulars in the very Primitive times as well as since it can never be proved to be of divine right but one the sel same in al succeeding ages without the least variation since it was not so in the Apostles days 10ly The Apostles speech 1. Cor. 12. 4 5. 6. c. There are diversities of gifts but the same spirit and there are differences of administrations but the same Lord and there are diversities of operations but the same God which worketh all in all compared with v. 8. to 13. ch 9. v. 19. to 24. I made my selfe servant unto all that I might gaine all And unto the Jew I became as a Jew that I might gaine the Jew to them that are under the Law as under the Law that I might gaine the Jew to them that are under the Law To them that are without Law as without Law that I might gaine them that are without Law To the weake I became as weake that I might gaine the weake I am made all things to all men that I might by all meanes save some paralleld with Acts 15. 1. 2. 5. 6. to 32. Ch. 21. 18. to 30. by which it is evident that many Churches of the Iewes and those in Jerusalem did still rotain the use of Circum●ition purification other Iewish Rites Ceremonies which the Churches of the Gentiles by the Apostles owne resolutions WERE NOT TO OBSERUE And with Acts c. 2. to cap. 22. where it expresly appeares that the Apostles and other Christians equally frequented the Iewish Temple Synagogues conforming themselves to the Orders discipline thereof and their owne private Assemblie Cougregations consisting all of professed Christians Wil expresly clear it that all particular Churches Congregations in the Apostles times had not one and the selfe same Church-government Orders Ceremonies Therefore it is most cleare there is no such uniforme general government or discipline necessarily prescribed in the Gospel unto al without the least variation as is objected Eleventhly It must be granted to me till disproved that before the Law from Adams Creation till Moses there was no one universall set forme of Church Government and discipline enjoyned to be observed by all the world from which none might vary in any particular That under the Law it selfe there was one forme of Government Worship Discipline Ceremonies and Solemnities to be observed in the Wildernesse another in the Lind of Canaan One forme in and under the Tabernacle revealed by God described by Moses another in and under the Temple shewed by God and appointed by David and Salomon Yea the second Temple and its Ornaments services differed somwhat from the first and all of them expired when the Gospell came If then there were no one universall constant forme of Church-Government Discipline before and under the Law it selfe then by parity of reason till direct Scripture proofes be produced to the contraty there neither is nor can be any such under the Gospell Twelfthly The Scripture as all must acknowledge gives not many particular but mostly generall Rules for the Government and regulating of our thoughts words actions lives Children Servants Families callings the fashion of our apparell gestures eating drinking sleep c. Yea the promises and threatnings in it are for the most part generall and indefinite yet applyable to every particular person and occasion If then there be for the most part only generall Rules precepts which admit some Latitude and variety in particulars prescribed to us for the very ordering and regulating of our thoughts words actions lives apparell meat drinke c. Then certainely there are but generall Rules and Precepts given us for the Government Discipline of the Churches which admit varieties of Government discipline in sundry particulars so as they agree in the generall with the Word and bee not repugnant to it as well as the generall Rules for regulating our words thoughts actions conversations callings apparell meat drinke and family Governments admit of variety which more immediately concerne every man then the more remote and generall Government of the Church But against this my Brother Burton Objects 1. That God in the Old Testament did give this charge to Moses See that thou doe all things according to the patterne shewed thee in the Mount Hee must not vary ONE PIN And when the Temple was built God was so exact in this that he would not leave it to David himselfe though both a King and a Prophet and a man after Gods owne heart to set up what worship he pleased in the Temple but God gave him an exact patterne of all and that not only by his Spirit but in writing that he might neither adde to nor omit IN THE LEAST TITLE 1 Chron. 28. And it was never left
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
And when in the first times of Christs Church Prelates used this power 't was therefore onely because in those dayes they had no Christian Kings And it was then so onely used as in times of persecution that is with supposition is case it were required of submitting their very lives unto the very laws and commands even of those pagan Princes that they might not so muchas seem to disturb their civil Government which Christ came to confirm but by no meanes to undermine CHARLES by the Grace of GOD c. Now for asmuch as the said Lord Arch-bishop of Canterbury President of the said Convocation for the province of Canterbury and the said Arch-bishop of Yorke President of the said Convocation for the Province of Yorke and others the said Bishops Deans Arch-deacons Chapters and Colleges with the rest of the Clergie having met together respectively at the time and places before mentioned respectively and then and there by vertue of Our said authority granted unto them treated of concluded and agreed upon certaine Canons Orders Ordinances and Constitutions to the end and purpose by Vs limited and prescribed unto them have thereupon offered and presented the same unto Vs most humbly desiring Vs to give our Royall assent unto the same according to form of a certain Statute or Act of Parliament made in that behalfe in the 25th yeer of the Reign of King Henry the eighth and by Our said Prerogative Royall and Supream authority in Causes Ecclesiasticall to ratifie by Our Letters Patents under Our great Seal of England and to confirm the same The Title and Tenour of them being word for word as ensueth Wee of Our Princely inclination and Royall care for the maintenance of the present Estate and government of the Church of England by the Lawes of this Our Realme now setled and established having diligently with great contentment and comfort read and considered of all these their said Canons Orders Ordinances and Constitutions agreed upon as is before expressed And finding the same such as Wee are perswaded will be very profitable not only to Our Clergy but to the whole Church of this Our Kingdome and to all the true Members of it if they be well observed Have therefore for Vs. Our Heires and lawfull Successours of Our especiall grace certaine knowledge and meere motion given and by th●se presents doe give Our Royall Assent according to the forme of the said Statute or Act of Parliament aforesaid to all and every of the said Canons Orders Ordinances and constitutions and to all and every thing in them contained as they are before written And furthermore We do not onely by our said Prerogative Royall and supreme Authority in Causes Ecclesiasticall ratifie confirme and establish by these Our Letters Patents the said Canons Ordinances and Constitutions and all and every thing in them contained as is aforesaid but do likewise propound publish and straightly injoyne and command by Our said Authority and by these Our Letters Patents the same to be diligently observed executed and equally kept by all Our loving Subjects of this Our Kingdome both within the Provinces of Canterbury and Yorke in all points wherein they do or may concerne every or any of them according to this Our will and pleasure hereby signified and expressed And that likewise for the better observation of them every Minister by what name or title soever he be called shall in the Parish Church or Chappell where he hath charge read all the said Canons Orders Ordinances and Constitutions at all such times and in such manner as is prescribed in the said Canons or any of them The Booke of the said Canons to be provided at the charge of the Parish betwixt this and the Feast of S. Michael the Arch-angell next ensuing straightly charging and commanding all Archbishops Bishops and all other that exercise any Ecclesiasticall jurisdiction within this Realme every man in his place to see and procure so much as in them lyeth all and every of the same Canons Orders Ordinances and Constitutions to be in all points duly observed not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same as they tender the honour of God the peace of the Church the tranquillity of the Kingdome and their duties and service to Vs their King and Soveraigne In witnesse whereof We have caused these Our Letters to be made Patents Witnesse Our Selfe at Westminster the thirtieth day of Iune in the sixteenth yeare of Our Reigne By all these Patents with others of like nature directed to all our Convocations by our Kings in former and latter times by Our present Parliaments manner of calling limiting directing our present Assembly of Divines in all particulars of their proceedings and debates appointing some eminent Members of both Houses to sit and consult together with them and to certifie all their results and determinations to them to be considered rectified rejected or approved by both Houses as they in their wisdomes shall see cause and by the fore-cited premises it is most apparent that the Arch-bishops Bishops Clergy and Convocation of England assembled Synodically together much lesse then any particular Independent Minister or Congregation notwithstanding all their late printed vaunts of their Ecclesiasticall soveraigne Iurisdiction by divine right and power to prescribe and enjoyne Visitation-Oaths Articles new Rites and Ceremonies of their owne Inventions both unto Ministers and people which they seconded with their practice to the insufferable grievance and oppression of the people are so farre from having any lawfull right power and authority to make prescribe any Ecclesiasticall Injunctions Canons Lawes Rites Ceremonies or forme of Government to any of his Majesties Subjects that though they be lawfully assembled together in a Provinciall or Nationall Synod by the Kings owne Writ or Parliaments command yet they cannot legally or of right so much as treat debate consult of any Ecclesiasticall affaires without a speciall licence first obtained from the King or Parliament and then only of such generals or particulars as they shall prescribe them much lesse compile enact promulge impose or execute any Ecclesiasticall Canons Lawes Injunctions Ordinances Oaths without their speciall approbation and ratification of them by their speciall Letters Patents under the great Seale and by Act of Parliament too as hath been lately resolved by unanimous consent of both Houses in the case of the condemned new booke of Canons The like I have proved of the Bishops Clergie Councels in other Christian Empires and Kingdomes Where then is that immense Episcopall jurisdiction authority preheminence superiority power in point of dominion over and beyond that of ordinary Ministers which our Lordly Prelats lately so much boasted of and pleaded for as due unto them by no lesse then divine institution if we may beleeve them not by the Grace Patents Grants or connivence of Christian Princes Let these swelling ambitious Grandees
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
severall Iurisdictions to submission and reall obedience especially when just and agreeable to Gods Word or at least to passive whiles in force where unjust or contrary to the Word Hence the publike Laws Ordinances Edicts of Parliaments and general Assemblies of the Estates have in all Kingdomes Ages without the least dispute oblieged regulated all Corporations Societies Persons within their severall jurisdictions because they are the Representative Body and supreame power of those Realms where all are virtually present and consenting when all or the major part at least assent Hence the whole World have ever held the determioations Creeds Canons Decrees of Oeumenicall Nationall or Provinciall Councels ratified by Emperors Kings and Parliaments obligatory in point of jurisdiction to all Churches persons within their jurisdictions And in truth the chiefe end use of Parliaments Councels Synods approved by God and the higher powers ordained by him is not to advise admonish perswade debate or deliver their opinions of doubts errors mischiefes for this every private man hath power to do and containes no stampe of jurisdistion Power or Authority in it But authoritatively to prescribe Lawes Canons Rules and determinations oblieging otherrs to obedience under paine of exemplary censures and penalties Sixthly It cannot be gainsayd but every man and woman in the world considered meerly as such or as single persons stript of all their naturall civill or Ecclesiasticall relations are of equall Authority and have no jurisdiction power or superiority at all one over another no more than fellow servants fellow Citizens or neighbors out of office have over one another yet look upon the selfe-same persons as they stand cloathed with their severall Relations as members of a family Corporation City Kingdome Church and their very relations make them subordinate and lyable to sundry superiour jurisdictions not only by way of counsell but command Thus children servants wives Pulpits are by a naturall relation established by a Morall Law and sundry divine Precepts subject to all the just Lawes Orders commands of their Parents Masters Husbands not onely by way of Counsell or advise which they may obey or reject at pleasure but of Iurisdiction and Authority so farre as to be enforced to obedience and justly punished for disobedience or neglect according to the quality of the offence and contempt Thus inferiours of all sorts in a politicke relation onely as subjects to their Princes to all subordinate Magistrates Officers in their respective places of power Kingdomes to their Parliaments Cities to their Majors Aldermen and Common-Councell Companies to their Masters Wardens and Assistants Souldiers to their Generals Commanders of all Rankes Schollars to their Tutors Colledges to their Rectors mariners to their Masters both by the Law of God Nature Nations Dictat of common reason are subject to all just orders Mandates of these their superiours to which they must yeeld obedience● under paine of such punishments as are answerable to their contempt and disobedience The same rule and reason holds as firmely in all Ecclesiasticall Relations Take severall private Christians as Christians or severall Parishes or Congregations as they are such and it is certain one of them hath no Iurisdiction nor power at all over another in any Ecclesiasticall matters either to prescribe Lawes to or inflict censures upon one another but only a power to exhort admonish reprove advise or assist one another in a brotherly way But yet looke upon the selfe-same particular persons Churches as Members of a Parochiall or Nationall Church and then in this Relation they are and ought to be subject to the just rules precepts Canons Orders of the Ministers and whole Congregation of which they are Actuall Members even in point of conscience and every particular Church must and ought readily to submit to the just Canons Constitutions Orders determinations Ecclesiasticall Censures of the whole Representative Nationall or Provinciall Church Councell ●ynod ratified by Authority of Parliament in a Regular way under paine of Ob●inacy Contempt Disobedience and exemplary punishment there being the selfe-same reason and equity for severall combined Churches in a Councel Synod Presbytery to have a coe●cive power over every particular Church within their limits as for any particular Congregation to claim or exerise a jurisdiction in point of direction or correction over any or every particular member of it Our Independents no doubt will grant that if two or three severall Congregations unite themselves into one Church they do by vertue of this union become all lyable to the Iurisdiction Canons Orders Determinations Censures of that one Church and those who whiles divided had no authority nor power but onely of their owne members have by this union a Iurisdiction over the Members of all these Churches thus eonjoyned into one As it is with several persons united into one Corporation Society Church or when severall powers Or jurisdictions meet and joyne together in one as the Parliaments Commissioners Armies of two Provinces Kingdome in one Parliament Councel Army the Lords Commons Knights and Burgesses of every County Citty Town and Burrough in both Realmes in one Parliament they have by this their union the whole power and authority of both united Kingdomes Armies Parliaments and a joynt Iurisdiction over both which they had not before whiles seperated even as a Major or King hath when as severall Cities Townes Villages Kingdoms as our ancient Saxon Heptarchy are all conjoyned into one City Realm and therby subordinated to one new Iurisdiction If this then must be yeelded to me it will inevitably follow by the selfe-same reason that severall particular Churches being united together in one Synod Councell Assembly Parliament or Presbytery even for this very end and purpose to prescribe such generall Canons erect such a uniforme Church-government and Discipline for the publicke peace and benefit of the Church as shall equally binde all Churches victually present and combined in it must have a lawfull Iuridicall Legislative power in them to make such Laws Canons as shall binde all particular Congregations not onely as advises or brotherly counsels but as vigorous Lawes which subject the particular persons or Churches who transgresse or contemne them to condigne punishment as the reasons Scriptures formerly alleaged to prove that humane Lawes obliege the conscience in point of obedience abundantly demonstrate These uncontrolable verities never yet so much as doubted in any Age till this clearely discover the falsity and vanity of my Brothers objection to which I will give this further direct answer 1. I deny that every particular Church or Congregation in a Christian State where there are many adjacent Churches under the selfe same Civill Government is an absolute compleat independent Body City or Republike of it selfe as is objected to all intents and purposes without dependency on or relation or subordination to any other True it is that in some respects so far as concerns its own private interest it is a compleate body having a Minister