And when in the first times of Christs Church Prelates used this power 't was therefore onely because in those dayes they had no Christian Kings And it was then so onely used as in times of persecution that is with supposition is case it were required of submitting their very lives unto the very laws and commands even of those pagan Princes that they might not so muchas seem to disturb their civil Government which Christ came to confirm but by no meanes to undermine CHARLES by the Grace of GOD c. Now for asmuch as the said Lord Arch-bishop of Canterbury President of the said Convocation for the province of Canterbury and the said Arch-bishop of Yorke President of the said Convocation for the Province of Yorke and others the said Bishops Deans Arch-deacons Chapters and Colleges with the rest of the Clergie having met together respectively at the time and places before mentioned respectively and then and there by vertue of Our said authority granted unto them treated of concluded and agreed upon certaine Canons Orders Ordinances and Constitutions to the end and purpose by Vs limited and prescribed unto them have thereupon offered and presented the same unto Vs most humbly desiring Vs to give our Royall assent unto the same according to form of a certain Statute or Act of Parliament made in that behalfe in the 25th yeer of the Reign of King Henry the eighth and by Our said Prerogative Royall and Supream authority in Causes Ecclesiasticall to ratifie by Our Letters Patents under Our great Seal of England and to confirm the same The Title and Tenour of them being word for word as ensueth Wee of Our Princely inclination and Royall care for the maintenance of the present Estate and government of the Church of England by the Lawes of this Our Realme now setled and established having diligently with great contentment and comfort read and considered of all these their said Canons Orders Ordinances and Constitutions agreed upon as is before expressed And finding the same such as Wee are perswaded will be very profitable not only to Our Clergy but to the whole Church of this Our Kingdome and to all the true Members of it if they be well observed Have therefore for Vs. Our Heires and lawfull Successours of Our especiall grace certaine knowledge and meere motion given and by thâ—se presents doe give Our Royall Assent according to the forme of the said Statute or Act of Parliament aforesaid to all and every of the said Canons Orders Ordinances and constitutions and to all and every thing in them contained as they are before written And furthermore We do not onely by our said Prerogative Royall and supreme Authority in Causes Ecclesiasticall ratifie confirme and establish by these Our Letters Patents the said Canons Ordinances and Constitutions and all and every thing in them contained as is aforesaid but do likewise propound publish and straightly injoyne and command by Our said Authority and by these Our Letters Patents the same to be diligently observed executed and equally kept by all Our loving Subjects of this Our Kingdome both within the Provinces of Canterbury and Yorke in all points wherein they do or may concerne every or any of them according to this Our will and pleasure hereby signified and expressed And that likewise for the better observation of them every Minister by what name or title soever he be called shall in the Parish Church or Chappell where he hath charge read all the said Canons Orders Ordinances and Constitutions at all such times and in such manner as is prescribed in the said Canons or any of them The Booke of the said Canons to be provided at the charge of the Parish betwixt this and the Feast of S. Michael the Arch-angell next ensuing straightly charging and commanding all Archbishops Bishops and all other that exercise any Ecclesiasticall jurisdiction within this Realme every man in his place to see and procure so much as in them lyeth all and every of the same Canons Orders Ordinances and Constitutions to be in all points duly observed not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same as they tender the honour of God the peace of the Church the tranquillity of the Kingdome and their duties and service to Vs their King and Soveraigne In witnesse whereof We have caused these Our Letters to be made Patents Witnesse Our Selfe at Westminster the thirtieth day of Iune in the sixteenth yeare of Our Reigne By all these Patents with others of like nature directed to all our Convocations by our Kings in former and latter times by Our present Parliaments manner of calling limiting directing our present Assembly of Divines in all particulars of their proceedings and debates appointing some eminent Members of both Houses to sit and consult together with them and to certifie all their results and determinations to them to be considered rectified rejected or approved by both Houses as they in their wisdomes shall see cause and by the fore-cited premises it is most apparent that the Arch-bishops Bishops Clergy and Convocation of England assembled Synodically together much lesse then any particular Independent Minister or Congregation notwithstanding all their late printed vaunts of their Ecclesiasticall soveraigne Iurisdiction by divine right and power to prescribe and enjoyne Visitation-Oaths Articles new Rites and Ceremonies of their owne Inventions both unto Ministers and people which they seconded with their practice to the insufferable grievance and oppression of the people are so farre from having any lawfull right power and authority to make prescribe any Ecclesiasticall Injunctions Canons Lawes Rites Ceremonies or forme of Government to any of his Majesties Subjects that though they be lawfully assembled together in a Provinciall or Nationall Synod by the Kings owne Writ or Parliaments command yet they cannot legally or of right so much as treat debate consult of any Ecclesiasticall affaires without a speciall licence first obtained from the King or Parliament and then only of such generals or particulars as they shall prescribe them much lesse compile enact promulge impose or execute any Ecclesiasticall Canons Lawes Injunctions Ordinances Oaths without their speciall approbation and ratification of them by their speciall Letters Patents under the great Seale and by Act of Parliament too as hath been lately resolved by unanimous consent of both Houses in the case of the condemned new booke of Canons The like I have proved of the Bishops Clergie Councels in other Christian Empires and Kingdomes Where then is that immense Episcopall jurisdiction authority preheminence superiority power in point of dominion over and beyond that of ordinary Ministers which our Lordly Prelats lately so much boasted of and pleaded for as due unto them by no lesse then divine institution if we may beleeve them not by the Grace Patents Grants or connivence of Christian Princes Let these swelling ambitious Grandees
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 Eaâ—iâ—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 â—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 155â— 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 wâ—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
breach of Gods Laws with temporall punishments yet by this Gods Lawes become not temporall and unobligatory to the conscience So God on the other side may and doth 〈◊〉 the violation of just humane Lawes with spirituall and eternall punishments Majestrates being but his Vicegerents Deputies and the contempt of their just Lawes a contempt of God himselfe Therefore the Argument holds not The 5th Objection is this that the conscience only respects God therefore nothing can binde it but Gods owne Law which is spirituall I Answer That the conscience respects as well men as God Act. 24. 16 therefore the just Lawes of men as I have proved as well as of God 2ly The conscience looks upon the just Laws and precepts of men not meerly as human Lawes but as proceeding from the Ministers and Vicegerents of God himselfe whom they represent and whom God himselfe frequently enjoynes us to obey The 6th Is this No one man and by consequence not all mens consciences in the world may or can Iudge another mans conscience who standeth or falleth 〈◊〉 his owne Master Rom. 14. 4. 16. Ergo they cannot make Lawes to binde the conscience I Answer first that this text speakes only of privat Christians Judging one another in things indifferent as meates holy dayes c. when and where there is neither law of God nor man inhibiting the free use or refusall of them at the whole Chapter manifests Therefore it makes nothing against necessary ecclesiasticalâ— Laws Canons obliging men to obedience even in point of conscience 2ly The Apostle expresly concludes in this very Chap. v. 14. to 23. That in case of giving scandal and offence to weak Brethren we ought to abstaine from the very use of lawful indifferent things even out of conscience of the scandall hurt don thereby not simply of the things themselves though there be no law of God or man restraining or altering the indifferency or lawfulnes thereof that without any impeachment of Christian liberty Therefore when necessary or convenient things meerly indifferent in their nature are enjoyned by Superiors just Laws or inconvenient indifferent things prohibited for the publick good or peace they ought much more to be submitted to without impeachment of christian liberty out of Conscience of the Law and scandall which would follow the volation thereof and in obedience to the generall Law of God which commands obedience to such Lawes The 7. Objection is this There is one Lawgiver which is able to save and to destroy to wit Godâ— who art thou that judgest another Iam. 4. 12. Ergo none can make laws to bind the conscience but God I answer 1. that there is but one supream absolut Lawgiver which is God Is 33. 2. wch excluds not subordinat ones 2ly The Apostle saith not that there is ONLY one law-giver that can save and destroy neither will the words infallibly conclude there is but one such since humane law-givers can make Lawes to save or destroy the lives bodyes and Estates of men as appeares by Scripture and the Lawes of all Nations though not their Soules as they are meare humane Lawes but only collaterally as the wilful contempts and violations of them are sins breaches of the very law of God prescribing obedience to those Lawes in which sence they may secondarily destroy the very soules of men Thirdly This Text takes not away the power of making necessary tempâ—rall or Ecclesiasticall Laws for then no such Lawes could possibly be made by any But the meaning of the Apostle is this That onely God the Supreame Law-giver is able by his Law to make any indifferent lawfull thing necessary or unlawfull in it selfe in point of Religion or conscience and to change the meere indifferency of it into a thing simply good or evil and not humane Law-givers Therefore we should not judge or condemne one another in the use or neglect of those things which God himselfe hath left indifferent where there is no circumstance of scandall or contempt of humane Lawes to engage us to use or not to use them But it reacheth not to such humane Lawes Civill or Ecclesiasticall which command or prohibit things agreeable to the rules of Gods Word or things necessary and expedient for Order Decency Peace avoyding of scandall and other mischiefes which Lawes as Doctor Willet himselfe who makes this objection affirmes do binde the conscience notwithstanding this objected Text. And thus much for my Brothers first generall Objection His second is this That the Scripture holds forth and Christ in the New-Testament presoribes and layes down unto us but ONLY ONE and that a most compleat and exact forme of Church government and Discipline which ought not to be altered or varied from in the least title being a part of the Gospel and must be BUT ONE and THE SAME in all Nations Churches in all ages throughout the World precisely observed by all Churches without the least variation That the Independent way alone is this divine unalterable Evangelicall platforme Therefore nor King nor Parliament though assisted with a Synod of most pious and learned orthodox Divines justly may or can of right make any Ecclesiasticall binding Lawes for the government or Discipline of the Churches of Christ within their Jurisdictions it being indeed a meere adding to the Word of God prohibited under a curse Deut. 4. 2. c. 12. 22. Prov. 30. 6. Rev. 22. 18 19. Thus my deare Brother and other Independents Argue with more confidence than evidence of Scripture To which I answer first That though Christ and his Apostles have instituted in the Gospel all necessary Church-Officers as Evangelical Bishops Elders Ministers Deacons Pastors Teachers c. and likewise given some general rules for the Government and Discipline of his Church yet he hath neither instituted nor prescribed any such unalterable compleat exact forme of Church-government and Discipline in all ages and Churches in the New Testament as is pretended by many not evidenced by any My reasons are these First Because no such exact and punctuall platforme is or can be clearly demonstrated to us nor discovered by us in the Scripture upon most diligent scrutiny Quod non lego non credo hath alwayes been reputed a solid Argument in matters of Divinity and divine institutions The Apostle Heb. 7. 13. 14. argues thus negatively even in the point of Christs Priesthood because Moses spake nothing of the Tribe of Iudah concerning Priesthood And God himselfe argues thus Deut. 9. 12. 15. Ye saw no manner of similitude therefore ye shall make no likenesse or image of me I may safely argue negatively in like sort The Scripture speaks nothing of such an exact universall Platforme and we see no image or similitude of it in the Gospel Therefore there is no such Secondly Independents have been frequently pressed to shew us any such exactform of Church-government instituted and generally prescribed to all ages
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
to abate this windy tumour consider with themselves that all their greatnesses piled together in a generall or Nationall Synod though steepled with the Popes owne Chaire and three-forked Miter cannot so much as treat of debate dispute determine any Church-affaires much lesse constitute or promulge any new Ecclesiasticall Lawes Canons Articles Ceremonies Rites c. without the previous licence and permission of those temporall Princes and Powers that summon them nor yet exercise any manner of Ecclesiasticall jurisdiction whatsoever more then the poorest Vicar and Curate breathing that is a Minister lawfully ordained without the Kings Letters Patents or Commission authorizing them which erected their Bishopricks Diocesse and Episcopall jurisdiction at the first and must still support them else they will fall to utter ruine and then all their pretended claimes and crackt title of jus divinum with all Independents Anabaptists Brownists Anti-monarchicall Anti-parliamentall fancies concerning the jurisdiction and authority of their Independent Congregations opposite to the premises will vanish into ayre If any deeme the premised power of Christian Princes and Civill Magistrates in limiting Synods and Councels thus to be derogatorie to the lawfull authority of Bishops Ministers Synods or Independent Churches Ianswer that it is not so forthese ensuing reasons First because the chiefe care of preserving the purity of Gods Worship Ordinances Religion the Churches peace prosperity and of suppressing all heresies errours schismes corruptions superstitions contrary thereunto is committed to Christian Princes and supreme temporall Magistrates both by the Lawes of God the constant acknowledgment use practice constitutions lawes canons of all Christian Empires Kingdomes Councels Synods in all ages and the Coronation-Oaths of all Emperours Kings Princes in the Christian World which oblige them to discharge this trust as the subsequent Sections will abundantly manifest Therefore the power of directing Synods Councels in debating matters of controversie making Lawes Canons c. concerning all or any of the premises and the confirming of them ought principally to belong to them Secondly because Christian Emperours Kings Princes are the supreme heads and Governours under Christ in and over all Ecclesiasticall persons Assemblies Synods Councels Churches within their owne Dominions as well as temporall and our Kings of England are declared to be such by severall Acts of Parliament by the Oaths of supremacy and Allegeance which all ought to take within their respective Dominions Therefore they ought of right to direct and order all manner of proceedings in such Ecclesiasticall Assemblies Synods it being the duty and just right of every Naturall and Politicke head to direct the members as of the head of the family to regulate and direct the family wife c. by way of authority or jurisdiction not they the head Thirdly because the Bishops and Clergy of our owne and other Realmes have no Legislative power or other Ecclesiasticall authority vested in them by the Word of God but onely to preach the Word administer the Sacraments and to binde or loose mens sinnes declaratively by preaching or applying the Gospel to them according as they finde them penitent or obstinate in their sinfull courses and no more of other Ecclesiasticall jurisdiction then what is derived to them by our Kings and the Lawes of this our Realme as is resolved in these expresse termes by the Statute of 37. H. 8. c. 17. The Arch-bishops Bishops Arch-deacons and other Ecclesiasticall persons of this Realme have no manner of Iurisdiction Ecclesiasticall but by under and from the Kings royall Majestie the onely and undoubtea supreme head of the Church of England and Ireland to whom by holy Scripture all authority and power is wholly given to heare and determine all manner of causes Ecclesiasticall and to correct all vice and sinne whatsoever and to such persons as his Majestie shall appoint thereunto And by the Statute of 1. Ed. 6. c. 2. in these words That all jurisdiction spirituall is derived and deducted from the Kings Majestie to all Bishops and Ecclesiasticall persons within England and Ireland as supreme head of these Churches and Realmes of England and Ireland and so instly acknowledged by the Clergie of the said Realmes and that all Courts Ecclesiasticall within the said two Realmes be kept by no other power or authority either forraigne or within the Realme but by the authority of his most Excellent Majesty whereupon it enacts That all their Processe shall issue out under the Kings Seale and in his Name and Stile as in Writs originall and judiciall at the common Law with which sundry other Acts of Parliament concurre Now the Kings and Lawes of this our Realme have given the Clergie assembled in Councels Synods and Convocations no other but such a limited power and authority as is expressed in the fore-cited Statutes of 25. H. 3. c. 19. 27. H. 8. c. 15. and mentioned in the premises Therefore they neither can challenge nor pretend to claime any other but such a limited and confined authority the rather because they are assembled to such meetings as our Assembly is now onely as advisers and assistants not as Judges or Law-givers Therefore the keeping of them to the fore-mentioned limits can neither be an infringement or eclipsing of their just priviledges or Christian liberty Fourthly because every particular Christian is to try the spirits doctrines and determinations of Ministers by the Scriptures whether they are of God or not and to beware yea judge of false Teachers doctrines and no wayes to receive them as the Marginall Texts abundantly evidence and all Orthodox Divines assert Much more then are Christian Princes the chief Defenders of the Christian faith to judge and determine of them therefore to give particular directions to and in all Synods Councels how to proceed and what to treat of for suppressing false Teachers Heresies Schisms Errours advancing Religion Truth unity and sincerity of Gods Worship within their territories and Churches Fifthly because every soule as well Bishops Ministers and all other Ecclesiasticall persons as temporall subjects is and ought to be subject to Christian Princes and the highest temporall powers who are to provide for their spirituall as well as their temporall welfare Therefore they ought to be regulated and directed by them when assembled by their Writs in Councels or Synods for their spirituall good SECT 3. Of Confirming Ratifying the Canons Decrees and Resolutions of Councells Synods by Christian Princes Peers Parliaments before they become valid or obligatory Of the Presence and Power of Christian Princes Nobles and other Lay-men in Councells That many or most Councells Synods in ancient and latter times especially in England were in truth meere Parliaments wherein Christian Princes Nobles Senators and Lay-men met and voted as well as Bishops and other Ecclesiasticall persons And that no Canons Lawes Articles concerning Gods Worship Religion Church-Government Ceremonies were ever lawfully prescribed or imposed on any Subjects of our Realme but
inserendum praecipit The sixteenth this Hoc cum consensu gloriosissimi Principis sancta Synodus ordinavit The eighteenth this Ex Decreto Reccaredi Regis simul cum Sacerdotali Concilio All badges that those Canons were made by the Kings Direction Counsell Decree and Command Who ratified them all with this publike Edict Gloriosissimus Dominus Reccaredus Rex universis sub regimine nostrae potestatis consistentibus Amatores nos sui faciens divina veritas nostris principaliter sensibus inspiravit ut causa instaurandae fidei ac disciplinae Ecclesiasticae Episcopos omnes Hispaniae nostro praesentari culmini juberemus Praecedente autem diligenti cauta deliberatione sive quae ad fidem conveniunt sive quae ad morum correctionem respiciunt sensus maturitate intelligentiae gravitate constant esse digesta Nostra proinde autoritas id omnibus ad regnum nostrum pertinentibus jubet ut ea quae definita sunt in hoc sancto Concilio habito in urbe Toletana anno regni nostri feliciter quarto nulli contemnere liceat nullus praeterire praesumat Capitula enim quae nostris sensibus placita disciplinae congrua à praesenti conscripta sunt Synodo in omni autoritate sive Clericorum sive quorumcunque omnium observentur maneant Then followes a Recapitulation of all the 23. Canons and after them this clause Has omnes Constitutiones Ecclesiasticas quas summatim breviterque perstrinximus sicut plenius in Canone continentur manere perenni stabilitate sancimus Si quis ergo Clericus aut Laicus harum sanctionum obediens esse noluerit si Episcopus Presbyter Diaconus aut Clericus fuerit ab omni Concilio excommunicationi subjaceat si verò Laicus fuerit honestioris loci persona est medietatem facultatum suarum amittat fisci juribus profuturam si verò minoris loci persona est amissione rerum suarum mulctatus in exilium deputetur Flavius Reccardus Rex hanc deliberationem quam cum sancta definimus Synodo CONFIRMANS SVBSCRIPSI Then followes the Subscription of the Bishops and others A pregnant testimony that Bishops in Councells have no power at all to debate and determine any matters of Faith or make any Ecclesiasticall Constitutions but by the Princes License that all their Constitutions Canons and Determinations without his Confirmation are invalid and not binding That Lay-men have definitive voyces in Councells and have confirmed them with their Subscriptions and that Councells in ancient times were no other but Parliaments wherein the King the Clergy Nobles and Elders of the people not the Clergy onely assembled to make Lawes and Constitutions and conclude of matters of Faith Of which more anon in its due place The Decrees and Canons of the first Councell of Matiiscon were ratified by the Royall Edict of King Guntramnus who summoned it which begins and concludes in this manner Guntramnus Rex Francorum omnibus Pontificibus ac universis Sacerdotibus cunctis judicibus in regione nostra constitutis c. Cuncta ergo quae hujus Edicti tenore decrevimns perpetualiter volumus custodiri quia in sancta Synodo Matisconensi haec omnia sicut nostis studuimus diffinire quae praesenti autoritate vulgamus Subscriptio Domini Guntramni Regis data sub die 4. Idus Novemb. 24. Regni supra scripti Regis The fourth Councell of Toledo after it had decreed Church affaires in 73. Canons by King Sisenandus his command who summoned his Bishops to Toledo Aera 681. VT EJVS IMPERIIS AT QVEjVSSIS communis ab ipsis agitaretur de quibusdam Ecclesiae disciplinis tractatus and entred into the Synod cum magnificentissimis nobilissimis viris exhorting the Synod to pray for him and to be mindfull of his Fathers Decrees and to doe their diligence to confirme to him the Ecclesiasticall Lawes and to correct those things which whiles they have come into use through negligence have by usurpation procured a license to themselves against Ecclesiasticall manners Which Synod rejoycing at these his admonitions according to his and their owne desire having made so many Canons concerning Religion and Church Discipline close up their Constitutions with a Canon of State concerning the Oath of allegiance of Subjects to their Prince and their loyalty towards them in the carriage establishing the Title of Sisenandus as lawfull against all others claimes Now all those Canons as they were made by the License and Direction of this King cujus tanta devotio erga Deum extaâ—t ut non solum in rebus humanis sed etiam in causis divinis solicitus maneat say this Councell to his honour so they were likewise ratified by him as appears by this close at the end of the Canons Definitis itaque his quae superius comprehensa sunt ANNVENTE RELIGIOSISSIMO PRINCIPE cujus devotio nos ad hoc decretum salutiserum convocavit placuit deinde nulla re impediente a quolibet nostrum ea quae constituta sunt temerari sed cuncta salubri consilio conservari The fourth Canon of this Councell shewes that Judges and Lay-men may and ought to be present in Councells In the fifth Councell of Toledo King Chintillanus who summoned it entred into the midst of the Synod with the Nobles and Elders of his Palace atque hanc institutionem quam EX PRAECEPTO EJVS decreto nostro sancimus divina inspiratione PRAEMISIT scilicet ut in câ—ncto regno à Deo sibi concesso specialis propria haec religiosa omni tempore teneatur observantia c. saith the Prologue and first Canon of the Councell So that hee both prescribed and ratified the Canons of this Councell the 4 5 6 7 and 8. Canons whereof concerne the State the King his Crowne Title and Succession The Canons of the sixth Councell of Toledo were ratified by King Chintillanus with the assent of his Nobles and great men who were present in it as appears by the words of the 2 14 15 16 17 18 19. Canons which determine of State affaires touching the King and Crowne and confirme the Canons formerly made and ratified by the Kings consent Cui omnium gubernatio superno constat delegata judicio but most apparently by the third Canon Inspiramine summi Dei Excellentissimus Christianissimus Princeps ardore fidei inflammatus cùm regni sui Sacerdotibus praevaricationes superstitiones Judaeorum eradicare elegit funditus nec sinit degere in regno suo eum qui non sit Catholicus ob cujus fervorem fidei gratias Omnipotenti Domino coelorum agimus c. Quocirca consonam CVM EO corde ore promulgamus Deo placituram sententiam SIMVL ETIAM CVM SVORVM OPTIMATVM ILLVSTRIVMQVE VIRORVM CONSENSV ET DELIBERATIONE SANCIMVS A cleare evidence that the Nobility and Gentry were present and had voyces in that Councell which was in nature of a Parliament as the State Canons of it manifest Vt quisquis
succedentium temporum regni sortitus fuerit apicem non ante conscendat regiam sedem quà m inter reliqua conditionum sacramenta pollicitus fuerit hanc se Catholicam non permissurum eos violare fidem c. In the eighth Councell of Toledo King Recessuinthus who called it entred into the Synod in person and made an elegant pious Oration to the Prelates and Nobles assembled in it after which hee exhibited a Roll of those things and Canons which hee desired to be publikely ratified in that Councell written in his Royall name comprising therein the confession of his faith and ratifying the Faith and Constitutions of the foure first generall Councells which hee thus subscribed In nomine Domini Flavius Recessuinthus Rex hanc fidei bonae voluntatis meae deliberationem manu mea subscripsi The twelfth Canon of this Councell concernes State businesses and all those Canons were published and ratified in the Kings name as these words at the end of the twelfth Canon evidence Hujus quoque sententiae fortitudine vel vigore decreti nostri seriem quam in serenissimi Domini nostri Recessuinthi Regis EDIDIMVS NOMINE pro rebus à divae memoriae Patre suo quolibet titulo conquisitis decernimus omnino constare c. Yea divers Earles and Nobles subscribed their names in ratification of the Canons of this Councell as well as Bishops as Odoacer Osilo Adulphus Babilo Ataculphus Ellae Paulus Euuntius Rucchila Afrila Venedmus Faudila Euredus Cunsredus Froila with other Earles This Councell published a Decree in the Kings name concerning the right of the Crowne and State Government which manifests it to be a kind of Parliament compacted as well of the Temporalty as the Clergy and King Recessuinthus himselfe promulgated a Law therein in ratification of that decree of theirs both which are at large recorded by Surius The ninth and tenth Councells of Toledo were called and confirmed by the same Recessuinthus for whom the Prelates in these Councells oft-times give thanks to God doing all things by his direction assent and in his name Opitulante miseratione divina gloriosissimi Recessuinthi Principis inhoerente voluntate religiosa The eleventh Councell of Toledo was ratified by KingVvambanus Cujus hortatu aggregandi nobis facultas data est oportuna corrigendis praeparata est disciplina Iste est ergo tenor fidei nostrae qui à capite copiosè profluxit à membris probatus gloriosè emicuit saith the Prologue of the Bishops assembled in that Councell and the sixteenth Canon of it Constantinus Pogonatus as hee called the sixth generall Councell of Constantinople by his writs so hee sate President therein with divers of his Nobles Princes Senators ordered swayed directed all things in it ratifying the Acts and Decrees thereof both by his Subscription and Imperiall Lawes Hence wee so often read in that Councell these and the like passages Praesidente eodem piissimo Christo amabili Imperatore Constantino Piissimus Imperator Constantinus dixit sancta Synodus dixit Quod nunc à vestra serenitate piè jussum est fiat Constantinus piissimus Imperator sancta Synodus dixerunt Constantinus piissimus Imperator dixit Sufficiunt quae hodierna die relicta sunt reliqua verò in sequenti secretario religantur Meminit vestra pietas haec sancta Synodus Residentibus quoque gloriosissimis Patriciis Consulibus ex latere venerandissimi piissimi Christi amatoris Imperatoris nostri Constantini Gloriosissimi Judices dixerunt Diversis vicibus in praesentia piissimi nostri Domini magni Imperatoric cuncti nostri Concilii interrogatus fuit Gloriosi Judices dixerunt Sufficiunt quae hodierna die acta sunt Releguntur ista c. Subscriptio piissimi Christo dilecti Constantini Imperatoris legimus subscripsimus Constantinus piissimus Imperator dixit Edicat sanctum universale Concilium si cum consensu omnium Episcoporum promulgata est definitio quae ad praesens relicta est Sanctum Concilium exclamavit Omnes ità credimus Vna fides Omnes idipsum sentimus Omnes consentientes amplectentes subscripsimus Orthodoxe omnia credimus Multos annos Imperatori c. Sancta Synodus exclamavit Multos annos Imperatori Christo dilecto Imperatori multos annos Pium Christianum Imperatorem Domine conserva ORTHODOXAM FIDEM TV CONFIRMASTI Aeterna memoria Imperatori aeternum permaneat vestrum Imperium At the end of the 18 th Action of this Councell follow two Imperiall Edicts of Constantine Pogonatus ratifying the Actions and Determinations thereof under severe penalties in the later of which he saith thus of his owne Subscription and Ratification of that Synod In qua Imperium nostrum subscripsit per pia dicta nostra COMPROBAVIT EAM Pope Leo the second in his Epistle to this pious Emperor highly approved and applauded this his piety zeale and princely care for advancing Religion suppressing heresies and schismes and for his Acts and proceedings in this generall Councell testifying his assent thereto as to a generall Councell worthy to bee ranked with those other famous generall Councells held before it exhorting the whole Church of God securely to rejoyce that God had raised her up such a Defender and Benefactor cujus studio orthodoxa fides recollecto splendore toto orbe irradiat fideles omnes gratiam referentes exultant infideles moeror atque dejectio comprimit confundit Ecclesiae Christi de cunctis oppressionibus liberatae respirant donis Imperialibus confoventur principali praesidio muniuntur So farre were Popes in those dayes from carping at Emperors proceedings in matters of Religion and their Presidentship and presence in generall Councells Neither did this Constantine onely but likewise Justinian the second his sonne and Successor in the Empire confirme the Decrees and Canons of this generall Synod viz. those Canons in Trullus with his Imperiall Edict causing all his Nobles Senate Bishops Captaines Souldiers and others to subscribe it as himselfe records in his Letter to Pope John In nomine Domini Dei Salvatoris nostri Jesu Christi Imperator Caesar Flavius Justinianus fidelis in Jesu Christo pacificus pius perpetum petuus Augustus c. Magnum studium magnam sollicitudinem nos habentes pro stabilitate immaculatae Christianorum fidei c. Quia Synodalia gesta eorumque definitionem quam instituere noscitur sanctum sextum Concilium quod congregatum est in tempore sancta memoriae nostri Patris in hanc à Deo conservandam regiam urbem apud quosdam nostros Judices remiserunt Neque omnino praevidimus alterum aliquem apud se detinere ea sine nostra piissima Serenitate eo quod Nos copiosos misericordia noster Deus custodes constituit immaculatae Christianorum fidei sed mox adduximus nostros Patres sanctissimos ac beatissimos Patriarchas sacratissimum Senatum verum etiam
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 quà m 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 quà m 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
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 lâ—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 conâ—enting to these Lawes About the yeare 712 â—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 PROâ—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 Mâ—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 â—tam Ecclesiastici quam Seculares c. Tam REX QVAM PRINCIPESSVI CVMSENATORIBVS TERRAE DECRETA SIGNO CRVCIS FIRM AVERVNT Anno 7â—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 Aâ—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 conâ—â—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 Vâ—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 reâ—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 prudentâ—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 anâ—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.
Edâ—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 Eâ—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
have else-where manifested In King Henry the 3. his Raign I finde these severall printed Acts of Parliament made concerning the Church Bishops Abbots Clergymen and Ecclesiasticall affaires which you may peruse at pleasure 9. H. 3. c. 1. 5. 18. 31. 33. 36 37. The Charter of the Forrest 9. H. 3. c. 4. 11. 16. 20. H. 3. c. 9. 51. H. 3. c. 10. 12. 28. besides those Recorded by Matthew Paris In King Edward the first his Raigne there were these Acts to like purpose 3 E. 1. which begins with this Prologue Because our Soveragine Lord the King had given power to redresse the State of the Realme c. for the common profit of holy Church and of the Realme And because the State of holy Church hath ever been kept c. c. 1 2. 46. 4 E. 1. c. 6. 7 E. 1. the Statute of Morâ—main 13. E. 1. c. 5. 19. 29. 31 32 33. 41 42 43. 48. Circumspecte agatis 13 E. 1. commonly called a Statute though 19 E. 3. Fitz. Iurisdiction 28. it be adjudged none The Statute upon the Writ of Consultation 24 Ed. 1. The confirmation of the Charters of the Liberties of England 25 E. 3. c. 4. 6. The Statute concerning certain Liberties granted to the Commons The Statute of Carlisle 25. E. 1. See Cookes 5. Report of the Kings Ecclesiasticall Law f. 13. 34. E. 1. c. 6. In King Edward the seconds dayes I meet with the Statute of Aâ—ticuli Cleri 19 E. 2. which wholly concernes the Clergy their Courts Tythes Rights The Statute de Prerogativa Regis c. 1. 8. 10. 14 15. and Articles against the Kings Prohibition In King Edward the third his Regency I finde very many Statutes concerning the Clergie and all kinde of Church affaires as namely 1 E. 3. Stat 2. c. 10 11. 4 E. 3. c. 6. 5 E. 3. c. 2. 9 E. 3. Stat. 2. c. 1. 14 E. 3. stat 1. c. 1. 17. and stat 3 made for the Clergy the Prologue and c. 1 2 3 4 5. 15 E. 3. stat 1. c. 1. 6. Parl. 3. c. 6. 18 E. 3. stat 3. for the Clergie c. 1 2 3 4 5 6 7. 23 E. 3. c. 8. 25 E. 3. stat 3 for the Clergie c. 1 2 3 4 5 6 7 8. 25 E. 3. stat 6. of Provisions 27 E. 3. stat 1. c. 1. of Provisions 28 E. 3. c. 14. 31 E. 3. stat 1. c. 4. 11. 13 14. 36 E. 3. c. 8 concerning Priests Salaries c. 38 E. 3. stat 2. against provisors and Appeales to Rome c. 1 2 3 4 5. 45 E. 3. c. 3. 50 E. 3. c. 1. 4 5. To which I shall adde only this observation That the prologues to the statutes of 1 E. 3. stat 2. 2 E. 3 stat 3. 28 E. 3. 38 E. 3. stat 1. and 50 E. 3. with others begin thus To the honour of God and of HOLY CHVRCH and redresse of the oppressions of the people c. these ensuing Acts were made granted to testifie that even in those dayes our Parliaments first began with matters of God and the Church and settled them by Lawes as there was occasion and then proceeded to temporall matters and grievances the very Statute of Magna Charta having the same prologue wherein you may discerne this method pursued and in most subsequent Parliaments I shall adde to these printed Acts 6 E. 3. num 5. prohibiting Bishops to meddle in matters of the peace 45 E. 3. num 15. removing Bishops from all temporall Offices 50 E. 3. num 99. 103. complaining against popish Cardinals 40 E. 3. num 7 8. a notable Record against the Popes claime to the Kingdome of England by vertue of K. Johns grant 17 E. 3. num 59 60. 18 E. 3. num 59 60. 38 E. 3. num 7. 50 E. 3. num 85. 87 88. complaining against yea restraining the Popes exactions and usurpations as the cause of all plagues 50 E. 3. num 46 47. complaining against the Canons of the Clergy and 47 E. 3. num 24. against Ordinaries incroaching upon the civill Iurisdiction To proceed to King Richard the second the Statutes in the first yeare of his Raigne have this Preface Richard by the Grace of God c. Know that to the honour of God and reverence of holy Church for to nourish peace unity and concord in all the parts of the Realme c. We have ordained and established certain Statutes c. First it is agreed and established that holy Church shall haue and enjoy all her rights liberties and franchises wholly and without blemish c. The confirmation of Magna Charta with other temporall Laws next follow then c. 13 14 15. three Lawes for paying of Tythes and freeing Clergymen from arrests during their exercising of divine Service The second Parliament in â— Rich. 2. hath the like prologue To the honour of God and holy Church cap. 1 confirmes the franchises liberties of the Church 3. R. 2. C. 1 doth the like c. 3. is a Statute against Provisions from Rome to avoyd Nonresidency to provide for instruction of the people by preaching and reforme many abuses in the Church occasioned by provisions made at the complaints clamors and divers Petitions of the Kings Leige people delivered in divers Parliaments to reforme these abuses 5. R. 2. cap. 1. hath the like preface c. 1. confirmes the Churches liberties 5. R. 32. Parl. 2. c. 5. Is a Statute made at the Clergies motion to suppresse haresies and Errors contrary to the Christian faith and to imprison haeretickes and erronious Preachers till they justifie themselves according to the Law and reason of holy Church 6 Rich. 2. Stat. 1. hath the like prologue and c. 1. Ordaines and accords that our holy Mother the Church of England have all her Liberties whole and unhurt and the same fully enjoy and use 7 Rich. 2. hath the same prologue c. 8. the like confirmation of the Churches priviledges and c. 12. prohibits Provisions from Rome 8 Rich. 2. hath the like preface and enacts in the first chapter That holy Church have all her liberties 9. R. 2. c 4. 5. concerns Ordinaries Priors dative and perpetuall and Preists 10. R. 2. c. 1. saves pontificall dignity and priviledge of holy Church and cleares all in all things aforesaid 11. R. 2. c. 3. declares that Bishops ought not to be present or voting in Parliament in matters of blood 1. 2. R. 2. c. 1. confirmes the Churches liberties Chap. 7. exempts pilgrimes from the punishments of Vagrants and c. 15. prohibits Provisions from any forraign power 13. R. 2. recites That the acts therein passed were to the honour of God and holy Church c. and c. 13. prohibits hunting on holy-dayes and Priests to keepe Dogs who have not livings to a certaine value c. 18 concernes the Bishop and Deane of Lincolne and c. 29. Pilgrimes 13. R. 2. Parl. 2. c. 23. provides for the election of Bishops and all other ecclesiasticall
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 quâ—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 preâ—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 Prelaâ—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 Deliâ—â—â—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 Martyâ— 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 concâ—usions and mineâ— 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 Conventiâ—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. â—2 H. 4. c. 15. â— 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
Common State before all controversies of Religion and causes Ecclesiasticall had beene concluded King Canute in his Parliament holden at Winchester upon Christmas day after sundry Lawes and Orders made touching the faith the keeping of holy Dayes publike prayers learning of the Lords Prayer receiving of the Communion thrice in the yeare the manner and forme of Baptisme fasting and other like matters of Religion in the end thereof saith thus Iam sequitur institutum Legum secularium Now followeth an Order for temporall Lawes Thirdly we see that the Godly Catholique Princes in old times thought is their duty before all other offices of the Common weale first to determine matters of Religion and that even BY THE PARLIAMENTS OF THIS REALME In a Parliament holden by King William the Conquerer it is written thus The King for as much as he is the Vicar of the highest King is therefore appointed for this purpose that he should Rule and defend the Kingdome and People of the Lord and above all things the holy Church c. Hereby it appeareth that Kings and Princes are specially and of purpose appointed by God not only to defend but also to Governe and Rule the holy Churh How be it if any imperfection shall appeare in the former Parliaments we give God thankes for the same that is and trust that for his owne names sake he will confirme what he hath begun The hearts of Princes and determinations of Parliaments are in his hands If any thing want the arme of the Lord is not Shorted he is able to supply the same So our incomperable Iewell enough to satisfie and silence all our Opposites Thomas Bilson Warden and afterwards Bish of Winchester bringing in the Prelates and Iesuiâ—s objecting against our reformed Protestant Religion that it was brought in and ratified not by a Councell and Synod of the Clergy but by the Prince Queene Elizabeth and the Parliament who say they had no power to determine or deliberate of those matters returnes this answer May not the Prince command for truth within hee Realme except your consents be first required and hadâ— May not her Highnes serve Christ in making laws for Christ without your likeing Claime you this interest and prerogative that without you nothing shall be done in matters of Religion by the Laws of God or by the liberties of this Realme By the Lawes of the land you have no such priviledges Parliaments have beene kept by the King and his Barons the. Clergy wholy excluded and their Acts and statutes good And when the Bishops were present their votes from the Conquest to this day were never negative By Gods Law you have nothing to do with making Lawes of Kingdoms or Common wealthes You may teach you may not command persuasion is your part compulsion is the Princes If Princes imbrace the truth you must obey them If they pursue truth you must abide them By what authority then claim you this Dominion over Princes that their laws for Religion shall be voyde unles you consent seeing they are the maintainers establishers and upholders of the faith with publique power and positive Lawes which they and their Parliaments may make without a precedent councel of Clergy men to guid them as he there proves at large by sundry presidents If any Concurre not with me in this undoubted Ecclesiasticall Iurisdiction of Christian Princes and Parliaments after all these pregnant testimonies I must tell them in plaine english they directly violate their late vow and Covenant and symbolâ—e herein with Jesuites and Popish Prelates whose doctrines they have abjured by their Nationall Covenant and therefore cannot may not ever hereafter embâ—ace without the highest Perjury and plaine Apostacy unto Popery I shall finish this Section of the Authority and power of Parliaments in matters of Religion Church-government Discipline and enacting Lawes in all and every of these particulars with some forraigne presidents in the Parliaments Diers Assemblyes of Estats in other Realme republikes Should I now relate unto you the many ecclesiasticall Laws of all sorts made in them I might swell this Treatise into many folio volumes I shal therefore only give you a brief touch catalogue of some few which the Studious may peruse make use of at their leisure For FRANCE you may survey the Decrees of King Childebert debated and agreed by him and his people in a Parliament de quibuscunque conditionibus una cum Optimatibus nostris c. 2. 4. c. 15. For sanctifying the Lords Day prohibiting the dressing of any but necessary food on it all Bodily labour under pecuniary mulcts The ecclesiasticall laws of Charles the great Ludovicus pius Charles the Bald collected into one volum by Abbot Ansegisus Benedictus Levita Lindebrogus others printed with some pettinent additions Parisijs 1640. stiled Capitula Regum Episcoporum Maximeque OMNIVM NOBILIVM FRANCORVM were made GENERALI CONSENSV PIDPLIVM SKORVM ET GENERALI CONSVLTV ET COMMVNI CONCILIO by generall consent of the King Bishops and especially of the Nobles and states of France in Common Councells Parliaments and Assemblies of the estates Who had so great a power in making rejecting Canons ecclesiasticall Lawes that when in the yeare 846. the Bishops of France and their suffragans had in their Synods compiled certaine Canons by the command of Charles the Bald and tendered them to him as he had commanded in Sparnaâ— a Village of the Church of Rhaemes to peruse and approve the King Dissidentibus regni sui PRIMORIBVS ab eorundem episcoporum admonitionâ— by reason that the Nobles and other men of his Realme differed from the Bishops in opinion in most of those Canons the King and Nobles out of all their Canons or Chapters haec tantum observanda complacenda sibi colligerunt Episcopis scripto tradiderunt dicentes NON AMPLIVS DE FORVM CAPJTVLIS ACCEPTASSE QVAM ISTA ET ISTASE VELLECVM PRINCIPE OBSERVARE which were Stiled Captule Regis CAROLI not the Bishops Canons By which it is evident that no ecclesiasticall lawes or Canons could be made in France to bind either Clergy or Laity but such at the King Nobles Parliament and three estates approved and confirmed I shall add to this that Anno 1307. King Philip the 4. of France assembled a Parliament at Paris wherein the Laity of France exhibited 65. Articles against the Clergy to regulate their jurisdiction and abuses which were there largely handled and debated as you may read at leisure in Masters Fox who records the passages very fully in the French Histories What the Parliament Estates in France have done enacted in matters of Religion Church-Government and discipline of ancient and latter times you may read at large in Liurentius Bochellus his Decreta Ecclesiae Gallicaiae in Carolus Molinaeus Contra parvas Datas c. in William Ranchin his Survay of the Councel of Trent but above all in Antonie Fontanon
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. 1â— De removendis OMNIVM HAERETICORVM SECTIS exterms DE OMNIVM HAERETICORVM ATQVE IVDAEORVM ERRORIBVS AMPVTANDIS which you may read at large in the third some of Hispâ—â— 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 Regniâ—â— 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 Chyâ—â—â— 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. â— 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 constiâ—â—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 permanâ—â—â— 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 â— apud CUNCTUM POPULUM CHRITIANUM qui intra Regnuâ—◠〈◊〉 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 Rectâ—â—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 Napleâ— and Sicily made in the yeare 1221. lib. r. tit 1. 2. Dâ— 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 Iurisconâ—â—â—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 Usâ—eigensis Sabellicus Rerum Germanicarum Scriptures Ioannes Aventinus Auâ—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 amplectuntuâ— 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
them as men who invaded the very incommunicable royalties and priviledges of heaven and counted it no robbery to make themselves equall to God or to defame or draw an odium or contempt upon them and prepare the people before hand to oppose or reject whatsoever Church-Government they shall establish contrary to your Independent way for there can be no other reall end of these your Anti-parliamentary Sermons writings is such a transcendent crime and high affront against the Parliament as you are never able to expiate and is so farre from extenuating that it aggravates your former offences beyond expression Fourthly Your last clause And if continued c. intimates and speakes â—ound without any straining that the Parliament for the present are guilty of dashing their foote against Christ the Rocke of claiming the most sacred and incommunicable royalties and priviledges of heaven and making themselves equall to God And that if they persevere in the course they have begun in reforming our Church and setting up a Church Government according to the Word different from your new way it is such an high provocation against the most high as will kindle a fire in the brest of him whose name is Jehovah which will consume and devoure c. Could all the Malignant and Prelaticall party in England lay a greater wickeder or more unjust scandall in our Parliament then this or more defame them then by such a false report enough to fire the whole Kingdome against them as well as Gods wrath Certainly Master Goodwin I must tell you freely without malice or uncharitablenes and I beseech you pardon my zeale in this particular that your Iealousie and pen in this was set on fire of hell rather then heaven when you printed this passage and what ever censure you deserve I feare your Book demerits the fire to purge out this drosse yea all the late teares of Repentance you may shed will not be sufficient to quench those unhappy flames of contention your late Sermons and Pamphlets have kindled in our Church and State to omit your former Socinian Errors Thirdly Hee professeth that in case he hath said or written any thing detractory to the undoubted priviledges of Parliament yet my Inditement against him that he did it PRESVMTVOVSLY is such a charge which men whose ungrounded zeale hath not eaten out the heart of their Charity cannot lightly but recharge with unreasonablenesse and utter unlikely-hood Sir I dare affirme upon good grounds that you did this presumptuously as I charge it Grammarians Lawyers and Divines informs us that the Word Presumptuous comes from the verbe Praesumo which signifies to forestall to conceive before hand to usurpe or take that upon him which belongs not to him to doe a thing before a man bee lawfully called to it which belongs not properly to him or to doe a thing boldly confidently or rashly without good grounds or against Authority or Lawes or upon hopes of impunity He that doth ought in any of these sences may properly be said to do it PRESUMPTUOUSLY and that in Scripture phrase as well as in common parlance To apply this to your crime First you preached and printed these passages of purpose to forestall the Parliaments and Assemblies pious resolutions to settle one uniforme Church-Government and suppresse all private Coventicles of Sectaries or Anabaptists contrary to it 2. To establish support that Independent way which you had before hand without any lawful warrant conceived ere the Parliament had made choyce of or setled any Church-Government for you as the whole Tenor of your Bookes and Sermons evidence Thirdly It was no lesse then high presumption in you being a meere Divine and a man altogether ignorant of or unskilfull in the ancient Rights and Priviledges of our Parliament as your writings demonstrate and your selfe intimate p. 5. to undertake to determine and judge of them so peremptorily and in such manner as you have done When as if you had known any thing concerning the Rights of Parliaments you might have learned this among other things That Divines are no competent Iudges of Parliaments Priviledges That the Priviledges Rights and customes of our Parliaments are only to be judged and determined by the Parliament it selfe not in or by any other inferior Court much lesse in a Pulpit That the power and jurisdiction of the Parliament for making of Lawes is so transcendent and absolute as it cannot bee confined to causes or persons within any bounds and that the state and defence of the Church of England is the very first matter and care of the Parliament of England as all the premised Presidents manifest and Sir Edward Cooke with others might have informed you And for a man to undertake to judge of that which is above his power is expresly defined to bee presumption by Richardus de Media villa in 3. Sententiar Distinct 26. and other Schoolemen on that place and by Summa Angelica Tit. Praesumptus Fourthly You had no lawfull calling nor warrant from Gods Word or our Lawes to handle the Iurisdictions and rights of Parliament in your pulpit nor yet to dispute them in your writings in such a daring manner by way of opposition or to encourage people to disobedience to its Ecclesiasticall Lawes and descitions Therefore in this you were presumptuous by the Scriptures owne definition 2 Pet. 2. 10. Fourthly after you were questioned before a Committee of Parliament for these very passages in your first Sermon as exceeding scandalous Derogatory to the Members and priviledges of Parliament yet you in a daring manner whiles you were under examination audaciously preached over the same againe in substance in your Pulpit on a solemne Fast day and published them with additions in no lesse then two printed Bookes Yea since your very censure by the Committee for them you have in a higher straine then ever gone on to justifie them in print once more in your Innocencies Triumph like an incorrigible delinquent wherein you slander the Parliament more then before and shew your selfe a man dispising Government at least any Church-Government the Parliament shall establish not suitable to your fancy selfe-willed and even speaking evill of Dignities in your forementioned clauses others Therefore in this regard you are superlatively presumptuous by St. Peters resolution Yea most men whose ungrounded zeale to your new way hath not eaten out his braines and reason too must readily acknowledge it notwithstanding your two reasons to the contrary To wit First your former uninterrupted zeale to this Parliament and its cause you meane perchance before you were an Independent and since whiles you thought it would embrace your new way which doth but aggravate your subsequent opposition in presse and Pulpit against its undoubted jurisdiction Secondly The grounds and reasons you have given of your opinion which I shall examine in due place as if men might not do presumptuously against the lawfull power of Parliaments and
civill Magistrates as you have plentifully done even with some colour of reason as well as insanire cum ratione which is all I shall answer to your reasons Fourthly Hee writes Let Master Prynne Or any other evict mee of any wilfull or unwilfull violation of the priviledges of Parliament and I shall bee as willing as willingnesse it selfe can make me to further such a conviction and no man shall be more ready then I to crave their pardon or undergoe their Justice nay I shall repent my selfe and abhor my errour in dust and ashes Certainely this your promised late Repentance which is yet contingent and improbable after so many publike offronts and oppositions against the power and proceedings of Parliament will bee a very poore recompence and satisfaction for all your former misdemeanors and scandalls to the Parliament yet late repentance being better then none at all I shall now challenge you to make good this your promise since your owne Conscience and judgment cannot but informe you I have written enough in the former Sections to evict and convince you and all the world besides that you have not only violated but denyed oppugned those priviledges of Parliament in Ecclesiasticall affaires which our owne Parliaments in all ages and Parliamentary Assemblies in all other Kingdomes have unquestionably exercised enjoyed without any such publique opposition as you have made against them And if you now make not good your promise few or none will ever credit you hereafter 5ly For the Authors you cite to justifie yourselfe they are miserably wrested and mistaken for the most part The first you quote is Master Edwards who maintaines point blancke against you throughout his Treatise a Legislative and coerceive power in Parliaments and civil Majestrates even in Church-affaires and matters of Religion in the very pages you quote and else where Therefore you palpably abuse the Author and Reader in quoting him to the contrary who is so point-blancke against you For the passage you quote out of his Page 256. The Parliament interposeth no Authority to determine what government shall be whence you inferre p. 7. Therefore his opinion appeares to be either that the Parliament hath No authority or at least intends not to make use of it in determining a government It was written only with reference to that present time the Parliament having at that time when he writ during the Assemblies debate and consultation interposed no Authority to determine what government shall be yet before that it had declared the old prelaticall Lordly government to be abolished and called an Assembly to advise with about a New But to inferre from thence as you doe Therefore his opinion is either that the Parliament hath no Authority or at least intends not to make use of it in determining a Government Is an inference quite contrary to the next ensuing words and pages to the whole scope of the Authors Booke Humbly submitted to the Honourable houses of Parliament contrary to his expresse words p. 138. 281. to all his reasons against Toleration of your Way and to the Parliaments intent in calling the Assembly to assist them in determining and setling a Church-government agreable to Gods word Be ashamed therefore of this grosse perversion of your first Authors passages diametrally contrary to this meaning Your Passages out of Master Hayward Bishop Iewell Master Fox Mr. Calvin Iacobus Acontius Junius Peter Martyr and Gulielmus Appolonius make nothing at all against the Legislative Authority of Parliaments in matters of Religion and Church government and have no aâ—â—inity with your Passages words most of them Bishop Iewel especially as I have already proved vindicating propugning the very ecclesiastical power of Parliaments which you oppugne Indeed some of their words seeme to diminish the Coercive power of Majestratâ—s enforcing of mens consciences in matters of Religion which I shal answer in due place and manifest how you abuse the Authors herein as well as Mr. Edwards not hitherto answered by any of your party but how they militat against the jurisdiction of Parliaments in making Lawes touching Religion discipline and Church-government I am yet to seeke For the Passages he aleageth out of the Divines of Scotland That the Prince or Majestrate may not make or publish any Ecclesiasticall Law without the free assent of the Clergy c. That he may not by HIMSELFE define or direct such matters nor make any Lawes therein That the King hath not a Nomotheticke Legislative Power in matters ecclesiasticall in a constitute Church That the ordinary power of the King is not to make Ecclesiasticall Lawes c. I Answer 1. That their only meaning if I mistake not in these passages is that the Prince or chiefe civill Majestrate of HIMSELFE without a Parliament or without the assistance and consent of his Nobles Commons Clergy cannot legally make any ecclesiasticall Lawes to obliege his people upon which reason our Brethren of Scotl. rejected the late New service booke and Canons and our selves the late Canons c Oath which Canterbury wold have obtruded on us because they were made and prescribed only by the Kings Authority and the Prelates or Convocations not the Parliaments upon which very reason the Parliaments of both Kingdomes have respectively adjudged both one and other illegall But that the King or supreame temporall Majestrates assisted by a Parliament and Orthdox Divines may not make binding ecclesiasticall Lawes or that their or our Parliaments have not a reall Legislative power in any matters ecclesiastike the only point controversed is directly contrary both to the constant Doctrine and Practise of our Brethren and their Church used ever since the Reformation to the proceedings of their last Parliaments and generall Assemblies as I have formerly manifested You may therefore blush at this your perverting of their meaning as if they held that the Parliaments of England or Scotland had no power to make Ecclesiasticall Lawes for Religion or Church gouernment when as their Bookes Actions addresses to our present Parliament their presence assistance in our Assembly proclaimes the contrary And the very publique Confession of faith professed and subscribed in their Church Anno 1560 Chap. 14 since confirmed by severall Acts of Parliament doth the like But admit all those Authors really as not one of them is in verity opposite to the Ecclesiasticall Jurisdiction and Legislative power of Parliaments yet the unanimous practise and resolution of all Christian Realmes Synods Parliaments in all ages contrary to their private novell opinions is sufficient infinitly to overbalance them in the Judgements of all prudent men And thus much for Mr. Goodwins Innocencies tryumph as to the present point I shall next apply my selfe to Answer such Objections as my deare Brother Master Henry Burton hath lately made against the premises in his Vindication to my 12. Queeres touching Church-Government my Independency examined His first and principall Objection is this
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 willâ— 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
eclesiasticall over us or passe any censures upon us but only Christ himselfe Brother if such Antimonarchicall Antiparliamentall and Anarchicall Logicke and Divinity be ever taught and beleeved in the world which cutts asunder the nerues and dissolves the very foundation of all Governments and Relations whatsoever whether naturall civill or Ecclesiasticall what an horrible confusion will be immediatly produced to the utter distruction of all Kingdomes Republiques Churches Families Societies Corporations in the World let all prudent men Judge Yet this is the dangerous Logicke this the Foundation stone whereon your whole Independent fabrick is built the absurdities and ill consequences whereof I trust all will now at last discerne Secondly I answer That though Christ be the only King and supream Law-giver of his Church yet it followes not thence that therfore no Parliament or humane power may or can make Lawes to order or governe the Churches and people of God by but onely Christ For Brother your selfe will grant 1. That Parliaments Kings and Synods may and ought to make Lawes to supposse and punish all manner of Idolatry superstition Impietie prophanenesses corruptions Heresies Doctrines Opinions and exorbitances whatsoever in their Churches Ministers people that are contrary to the Word of God the Lawes Doctrine Government of Christ or tending to the depravation disturbance or prejudice of the Church and Gospell Secondly they may publish Lawes and Canons to settle and establish the true Confession of the Christian saith the sincere Ordinances of God and such a true worship Church-Government and Discipline which is most consonant to his Word throughout all Churches in their respective jurisdictions yea compell Ministers to doe their duties and people diligently to repaire to all the Ordinances of God to sanctifie the Lords day and to observe extraordinary dayes of humiliation and thanksgiving upon extraordinary occasions Thirdly They may enact Lawes and Ordinances to settle the places and times of publike Worship and all necessary circumstances w ch concern the same not peremptorily determined in the Scriptures concerning Church assemblies Fourthly They may enact Laws for the maintenance of Ministers of all necessary Church Officers and for prayer preaching reading the Word administring receaving the Lords Supper concerning ordination Mariage siging fasting excommunication agreeable to the Word of God This I presume all will grant and my Brother will not deny which is all I contend for Therfore Christs being the only King Head Ruler and Lawgiver of his Church is no impediment to Kings Parliaments by advise of Synods to enact such Lawes as these and so the Argument a meere Independent Nonsequitur Thirdly Christ is the King Lord Head and Lawgiver of every private Christian or Member of a Congregation as well as of every particular or of the whole Catholik Church and so by your determination he is subject to no other jurisdiction then that of Christ his Spirit and Word Yet I hope you will grant that every Independent Congregation hath a true jurisdiction and power over every particular member of it yea a legislative power to prescribe a speciall covenant and such Ecclesiasticall Rules Orders as the whole Congregation shall thinke meet to which they must submit under paine of excommunication suspension Non-communion and denying baptisme to their Infants as you plainly intimate pag. 44. 45 46 62 63. Therefore these titles and Prerogatives of Christ doe not deprive particular Churches of the power of prescribing covenants Orders Rules and Canons to their Members much lesse then whole Synods Councells Parliaments of farre greater wisdom power Authority then particular Churches And if private Churches may thus oblige their Members then much more may Parliaments Councells all particular Churches within their jurisdictions And so much in answer of this grand argument The second is this Christ is the full and sole King raigning in the heart and conscience of every true Beleever He only is King over every mans Conscience so as no man nor power on earth may sit with him in this his Throne Therefore no Parliament Councell nor human power may prescribe Laws for the Government or ordering of the Church for then of necessity man should be Lord over the Conscience which is the highest presumption against the most high I answer That this argument is grounded upon a very sandy foundation and upon this controversed question both among Divines and Casuists Whether Ecclesiasticall or Civill human Laws made and ratified by the supreame civill Magistrates Parliament bind necessarily oblige us to obedience in point of conscience in case they be not contrary to Gods Word for if they be all grant they do not bind to obedience in point of Conscience My Brother here holds the Negative as an indisputable Maxime That these Laws bind not the conscience in point of Obedience to them A very dangerous false unsound Position tending to meere Anarchy and contempt of all humane Lawes and lawfull Authority in Church or State And for my own part I clearely hold the Affirmative to be an undoubted truth This question is largly debated and held affirmatively by learned Paraeus Explicatio Dubiorum in c. 13. ad Romanos Dubium 7. pag. 1413. to 1446. by Musculus Peter Martyr Marlorat and Doctor Willet in their Commentaries on Rom. 13 with other Protestants on this Text by Ursinus in Exposit secundi Praecepti p. 299. by Theodoret Ambrose Beda Anselme and generally most ancient and modern Commentators on that Text by Alexander Alensis Summa Theologiae Pars. 2. qu 120. Artic 2. 3 4. with whom all other Shoolemen generally concurre Paulus Windek Canonum Legum Consensus Dissensus cap. 4. p. 12. Stapleton in Antid p. 783. Bellarmine l. 3. c. 9. De Laicis Pererius Disp 2. Num. 8. by Saint Augustine in Epist 54. ad Macedonium and in Tit. Psal 70. by Saint Bernard Tract de Praecepto Dispensat With infinite others Indeed Master Calvin Instit lib. 3. c. 9. Sect. 15. 18. and lib. 4. c. 10. Sect. 3. 4 5. Beza in Notis ad Rom. 13. Sibrandus De Pontif Romano l. 8. c. 7. and some others seemingly hold the contrary yet not generally of all but of some particular humane Lawes I shall briefly lay downe the truth of the affirmative part out of Pareus and Doctor Willet in these insuing Propositions and then propound the Affirmative and answer the Negative arguments in their Order to vindicate this truth now most opposed when it is most necessary both to be discovered and obeyed The Propositions are these That all just Civill Ecclesiasticall or Oeconomicall Laws and Ordinances made by the King and Parliament or by lawfull Magistrates Parents Masters Tutors Superiors which concerne the duties of the first or second Table do bind the Conscience of themselves and that simply both in generall and particular That all good Laws made for the determining of any necessary circumstances of Gods Worship or necessary and profitable for
things to make good his Argument 1. That if there were no other particular Church in the world then one as that of Abrahams family should it not be a compleat Church untill there were other Churches on whose jurisdiction it should depend I answer yes But this is not the case nor question We in our Realme blessed be God have in all parts not only one particular christian family church but many thousand Parochiall Churches Congregations as our very Almanacks as well as Cosmographers will informe you What then Brother will you inferre from this sole Church in Abrahams family to our Churches now Will you argue Abraham in his dayes had a compleat absolute Independent Church in his own family onely Ergo now there ought to be such an Independent absolute Church in every family at least where there is a sufficient number requisite to make up a ministeriall body as you interpret it what then will become of your congregationall Churches and our Parochial consisting of many great families they must by this new Doctrine divide themselves presently into so many families or Independent Churches as there are great families in them and then I hope the Master of the family onely not an Independent Minister must be their Paster and Ruler as Abraham was in his and then farewell the office of Minister which some of your Lay Elders exercise without scruple denying the very calling of Ministers and all our Churches too Brother will you argue thus Adam was a compleat and absolute man alone therefore he needed not a helper or wife or family to be joyned to him Suppose you should take a single person who formerly lived alone by and of himselfe without relation to or communion with any other men like a Popish Hermite or Anchorite into your family Church or incorporate him into this City or any company in it will you say that because this man was absolute and under no command at first Ergo he must continue so still in your family Church this City and his company and neither you nor any of them may or can of right enact any thing to controle him I trow not When there were only single Families living remote from others in the world they were absolute and compleate Churches Republikes of themselves but when these single families multiplyed and combined themselves into Villages Cities Provinces Republikes Kingdomes they thereby lost their pristine liberty absolutenesse independencie compleatnesse and of intire small bodies Churches Republikes became onely parts and members of those larger ones to which they were thus combined So it is with particular Mother Churches when there was but one particular Church in the world or in one State or Kingdome the case of all the first Churches planted by the Apostles without any Neighbour Churches to combine with this Church being under no superiour Christian Magistrates was absolute and independent in it selfe there being no other Church to joyne with But if this one Church through the encrease of Christians shall swell so great as to spread it selfe over all the City or Republike wherein it is and so upon necessity must divide it selfe into sundry particular Congregations then all these Churches being under one and the selfe-same Republike and united together under one supreame Civill Magistrate as members of the same Nation Kingdom City Republike and of the self-same nationall or Provinciall Church doe thereupon lose their absolutenes and Independency and become subject to the Power Lawes Canons Determinations Government and Discipline of the whole Nationall Church and Kingdome of which they are but members which to preserve publike peace unity order amity ought constantly to be governed by the self-same generall Ecclesiasticall Lawes setled by the common consent of all their severall National Synods and Parliaments as Civill Lawes are which oblige all But this saith my Brother in the second place takes away the lawfull Jurisdiction and rights of particular Churches Ergo it is not to be admitted I answer first By the like reason you may argue the joyning of many particular persons into one family of divers families into one Parish of sundry Parishes into one City of divers Citie into one State of sundry States and Kingdomes into one Monarchy or Empire of divers Companies and Regiments into one Army of sundry Knights Citizens Burgessâ—â— and Peeres into one Parliament and many Ministers into one Synod deprives them of their Independency their particular Rights Interests and subjects them to a new superiour power Iurisdiction command and to their publicke Lawes and Ordinances Ergo it is unlawfull intollerable and such Corporations Republicks Kingdomes Empires Parliaments Synods ought not to be If this be a good consequence you will subvert all humane Societies Corporations Republicks Synods Parliaments Independent Churches and Families to by like reason â— This takes not away the lawfull rights of particular Congregations but rather improves them for their owne particular and the publick good for Brother I pray informe me which is best of the two for a particular Church or Corporation to be subject only to such Lawes Rules Government and Discipline as shall be made decreed declared most agreeable to the Word of God and fit to be generally received in all Churches by an whole Parliament and Assembly of the most wise ablest and best experienced Christians Nobles Divines after long debate and consideration or by the private rash Opinions and perchance passions humours of two or three private persons perhaps directed swayed by particuler interests relations ends Which is justest safest or most remote from Tyrannicall Arbitrary and Papall Government for Churches States Persons to be all confined to certaine publicke Lawes and Canons enacted by common consent in Parliament limiting who shall be admitted to who secluded from the Congregation Sacrament communion of Saints c. and for what causes offences in certaine c. then to be left Arbitrary to the meer mercy wills determinations of the Ministers and Elders of every particular Congregation or to the pleasures of Princes or some few temporall Magistrates without any Lawes or limits to restrain them We all hold it the greatest happinesse freedome of our Kingdom and the chiefest part of our Priviledge which we enjoy as free-men of England That we neither may nor can be legally bound by any Lawes Canons Taxes or Commands but only such as are made and imposed on us by full consent in Parliament and not subject to the meere Arbitrary Lawes Ordinances wills commands of our Princes Magistrates Iudges Prelates or any other private men And shall it be then held the slavery injury and not rather the liberty or priviledge of particular Churches and their members to be subject only to such Ecclesiasticall Rules Canons Orders Covenants Government and Discipline as shall be publickly agreed on consented to and setled in Parliament to which all Churches Christians shall be equally obliged without exemption then to be left at six and
then Heresie or hereticall Doctrin by such extravagant inferences and incoherent Arguments for fear you dishonour both your Master and your self 3. Though Christ hath left no absolute exact forme of Church-Government in Scripture for all Churches and Ages yet he hath left his Word to be a light to the feete and a Lanthorne to the pathes of all his Saints and Churches and said downe such generall Presidents rules and directions therein as may serve for ordering directing and regulating of all Churches herein yea he hath given us some more particular rules for some things which concerne the Government of his Churches The Scripture hath generall Rules for our faith life manners thoughts words actions apparell eating drinking praying preaching receiving the Sacrament c. applicable to all particular cases and occurrences concerning them though not particular punctuall rules for deciding all those cases of conscience and controversies that frequently arise concerning them yet Christ is not unfaithfull because he hath left his Church sufficient rules and meanes of salvation in generall or particular to bring it safe to heaven 4 The providing of godly and faithfull Ministers Magistrates and Governours of the Church to put good Laws Disciplin and Government in execution is a great part of Christs charge and care as well as providing his Word and a Government for his Church Will you charge Christ then with negligence and leaving his Church to six and seven because every Minister of Christ hath not the selfe-same measure of gifts and endowments to discharge his Ministery or because some Ministers are more negligent in their places then others and some sheep are left oft-times without a Shepheard or committed to a Iudas a Thiefe or to Wolveâ— false Teachers Seducers which teare and devoure instead of feeding them or because he set not up and maintained this forme of Church Government you now contend for as his and none else beside in all Churches for so many hundred yeares together but reserved this honour in this latter age to some of you or rather to the Anabaptists and Brownists your Predecessors herein to advance it Brother you may easily discerne by this where your owne pretended inconveniences and inferences will drive you at the last if you rely upon them I beseech you therefore as a loving Brother to forbeare them for the future 4. Whereas you object We should have a mad world of it if Civill States Magistrates Kings and Parliaments should set up such a Government 〈◊〉 they conceived to be agreeable to Gods Word and the good Lawes and Customes of their Realmes I answer 1. That it is your own position that every particular man and Church ought to walke according to the rule of their own consciences and judgement not anothers Christ only being Lord of their consciences If then a whole Kingdome Parliament Church or Realme shall conceive and be perswaded in their consciences that such and such a Church Government is most consonant to Gods Word most suiteable to their condition and therefore shall upon solemne debate after much seeking of God by Prayer and Fasting make choise of this government before another as by electing a Presbyteriall rejecting an Independent way What madnesse or inconvenience meer slavery tyranny humane invâ—ntions superstitions or corruption will this introduce Shall they be Hereticks presently for such a choise as you define them Shall private men have more liberty of choise or conscience then whole Nations Synods Parliaments or more wisedome temper knowledge discretion conscience then they Indeed I have read of one Parliament stiled the Mad and another the unlearned because there were no Lawyers in it and no doubt both Parliaments Councells Synods generall Assemblies may and doe sometimes erre and that grosly as well as private persons or congregations But doubtlesse all reasonable men will and must acknowledge that two are better then one a whole Court of Iustice lesse liable to errour and corruption then a particulâ—r Judge a whole Parliament then a Committee an whole Synod then a private Conventicle or congregation Then tell me in sober sadnesse good Brother whether your Independent Assertion That every particular Minister hath power to gather and set up a Church of his owne Independent from any other and to choose such a Discipline Government to themselves as they CONCEIVE to be most suiteable to Gods Word though in truth it be not so but a meer CONCEITE as I feare your New way is That particular Christians have power to unite themselves into a Church and elect a Minister and Government of their owne choise most agreeable as they thinke to the Word And that every Sect and Person ought to have free liberty of conscience in the exercise of what they beleeve Or my Position be likely est to produce more madnesse in the world or mischiefes in the Church Certainely it will be a madder world and Church too indeed when every private Minister and Christian may follow their owne opinions fancies crochets waies every Sectary set up his owne congregation sect and vent his owne erronious schismaticall Opinions without control when every man shall have priviledge to doe What seemes right in his owne eyes as if there were no King in Israel no Parliament in England when every Anabaptist Enthusiast or brainsick Melancholico shall not only build Churches in the ayre different from all others but set them up openly in our Cities Counties Kingdomes without impediment in contempt of Lawes Parliaments all Civill or Ecclesiasticall Authority as too many I feare doe now and I hope the High Court of Parliament will remedy it in due time because they deem their owne fancies Gospel their owne Juventions Christs Oracles Certainly the world and Church will both be mad in good earnest when such a licentiousnesse shall be proclaimed under the Notion of Christian Liberty every mans own private way christned with the Name of Christs Kingdom c. though it hath small affinity with it The God of peace order of his infinite mercie preserve us safe from this Maniaca Insania this deadly madnesse into which we are running and hath already desperately seized upon the Braines and hearts of many My Brothers sixth Objection is this That Parliaments Councells Synods are not now infallible but subject unto errour many of them having erred and that grosly in former and late times That neither Parliament nor Assembly can now say as that Synod Act. 15. 28. It seemeth good to us and to the Holy Ghost they being not endued with an infallible spirit Therefore they can make no binding Determinations Lawes Canons Decrees in any Ecclesiasticall matters to oblige any particular Churches or christians Good Brother writes he for all your punctuall quotations of that Scripture Acts 15. you doe not all this while tell us that which is the maine of all which we finde in the 28. verse IT SEEMED GOOD TO THE HOLY
GHOST and Vs to lay upon you no other burthen then these necessary things Now Brother we challenge you to shew us ANY PARLIAMENT COVNCELL SYNOD EVER SINCE THE APOSTLES that could or can say thus It seemed good to the Holy Ghost and Vs to determine controversies of Religion to make and impose Lawes to bind all men c. Shew this to us at this time and we will obey But if you cannot AS YOV NEVER CAN never let any man presse upon us that Scripture that Synod WHICH HATH NO PARALELL in the whole world and so is NO PRESIDENT PATTERNE FOR ANY COVNCELL SYNOD PARLIAMENT Thus my Brother Burton concludes hence with abundance of confidence But sweet Brother let not him who putteth on his harnesse boast as he that puts it off receive your Answer first and then be as vainly confident as you will 〈◊〉 your obtuse Argument afterwards which I shall thus retort upon you First I suppose you will grant That the Apostles Preached as well a writ and determined by an infallible spirit and by the Holy Ghosts Divine inspiration when as neither your self nor any other Independent nor Presbiterialâ— Minister can infallibly thus Preach write or determine at this day Ergo Brother by your Argument neither you nor any other Minister must henceforth Preach unto nor determine any Controversies of Religion or Church-government at this day being not guided by any infallible Spirit and because you may possibly erre and cannot say as the Apostles did it seemes good to the Holy Ghost and to us and then Brother of what value are all your Sermons Books and confident asseverations of the Divinity of your Independent way your Disciples and congregation may make wast paper of them instead of reading them as the Oracles of God a some ignorants perchance esteem them 2. Christ and his Apostle when they ordained Elders and laid their hands upon them did usually give them the holy Ghost and gift of tongues who fel upon the parties ordained and those to whom they Preached and to those whom they Baptized as the marginall texts assure us which no Ministers nor Elders can do now Ergo no Ministers may or can now ordain any Ministers by imposition of hands nor baptize any children or men nor preach the Gospel to any because they cannot give them the gifts of Tongues nor cause the Holy Ghost to fall upon them as Christ and the Apostles did 3. Moses gave no civill nor judiciall Laws to the Israelites under the Law but such as he received immediately from God by an infallible Spirit Ergo Kings and Parliaments at this day can make no civill temporall Lawes to governe their people by because they receive them not immediately from God by an infallible spirit 4. Christ sent none to Preach the Gospel or administer the Sacraments but such whom himself immediatly called ordained furnished miraculously with gifts of tongues and with the Holy Ghost A priviledge peculier to the Apostles and some few others in their daies not communicable to any ordinary Ministers and made Elders and Bishops by the Holy Ghost Ergo No Ministers but such who are thus immediately enabled endued and ordained by the Holy Ghost may or ought to preach the Gospel And then where are all your Independent Ministers and Lay-preachers I hope Brother by this time you most renounce your Argument as absurd or else your Preaching Church Ministery at least your writings will be little valued which now you see are not infallible 2. A possibility of erring or some actuall errours in Councells Synods Parliaments are no good grounds of rejecting all their determinations Lawes Edicts but only such as are apparently erronious and repugnant to the Scripture Such indeed you may disobey but to all others you must submit even in point of conscience as I have formerly proved If you deny this then marke the consequence of your deniall Ministers may and sometimes actually doe erre both in their preaching and writing and I doubt Brother it is or may be your own case Ergo people must neither obey nor believe any thing they preach or write but contemne all Parliaments Princes Magistrates Elders Parents Masters Tutors of all sorts may and oft-times actually doe swerve from truth and Iustice in some of their Lawes Orders Precepts commands and Iudgements Ergo their subjects wives children husbands schollars pupills must receive no Lawes Orders Commands or instructions from them nor yet obey them in any thing which they shall prescribe Brother you may as rationally argue in many things we offend all Ergo we must not endeavour to doe any thing that is good Or conclude in many things and in making Lawes we erre all Therefore we must obey no humane Ecclesiasticall or civill Laws in which we can discern no apparent error Brother will you drink no wine at all as the Apostle gives Timothy advise to do because some have dranke poyson in it and you perchance may doe so to Or shall none adventure to marry a good wife or husband because so many have met with bad Answer me these questions and then you need no other answer to what you object but your own reply to them 3. Admit Synods Councells Parliaments have sometimes erred out of humane frailty yet this is a most certaine truth that they are not so apt or prone to erre having more helpes meanes assistances to keep them from erring when they are met together in the Name and feare of God as private men or Conventiâ—les of persons lesse learned lesse experienced they being more able to discover and bolt out truthes by debate then they This is the ground why Solomon concludes That two are better then onâ— that in the multitude of Councellors there is safety why the greatest points of Religion and State have in all ages been debated resolved not in Conclaves Conventicles Chambers Closets but in generall or nationall Councellâ— Assemblies Parliaments as the most effectuall meanes to discover suppresse errours heresies and resolve doubts for which we have an unanswerable pregnant president in the Old Testament 2 Chron. 30. 1. to the end where King Hezechiah with all the Princes and Congregation of Israel and Iudah assembled in full Parliament at Ierusalem upon solemn debate resolved AND ESTABLISHED A DECREE to keep the Passeover in the second moneth because they could not keepe it in the first the Priests and people being not sufficiently sanctified And another in the New in the Chapter objected Acts 15. where the Apostles themselves assemble a full Synod to debate and resolve the great contrâ—versie raised in the Church concerning the necessity of Circumcision This then being an indubitable Verity it is most certaine that Parliaments Generall or Nationall Synods and Councells are the fittest of all others to make Lawes and Canons for all civill and Ecclesiasticall matters in State or Church because they are least subject to errour And therefore there is great
then if they will not bee reclaimed Fiat Iustitia better some should suffer than all perish My onely desire is that Your Honours would have a speciall jealous care of preserving your owne undoubted Parliamentary Rights and Priviledges against these unparalleld publike Violations Impeachments of them and of the tranquility safety of our Church and State endangered by them Toward the just defence whereof I have with as much expedition as my many other distracting publike and private Imployments would permit contributed these my indigested Nocturnall Lucubrations borrowed from the houres allotted to my necessary naturall rest in Vindication of the ancient and undoubted Ecclesiasticall Power and Iurisdiction of Parliaments Christian Princes and Magistrates which I have made good by sundry Divine Historicall Presidents and Authorities in all Ages and answered all the chiefe Pretences Objections of Papists Prelates Independents Anabaptists Separatists and all others who oppugne them in such a manner as I hope will silence them for the present and reforme them for the future It was my primitive intention and desire to have published this Treatise complete at first but it swelling to a greater bulk than I expected and my engagements in other publike services for the Common-weale retarding my speedy progresse herein I have thereupon divided it into two Parts the First whereof I here humbly tender to your Honourable Patronage till God and oportunity enable mee to complete the Second of which there is lesse Necessity since learned Mr. Samuel Rutherford in his Due right of Presbyteries and Mr. Thomas Edwards in his Anti-Apologia neither of them hitherto Answered by the Independents and in truth unanswerable with Gulielmus Apollonius and the Wallacrian Ministers Consideratio Quarundam Controversiarum c. quae in Angliae Regno hodie agitantur newly published will supply the present defect thereof and this First Part supply some particulars concerning the Ecclesiasticall Power of Parliaments Christian Princes Magistrates Councells which are wanting in them and in laborious Sir Edward Cookes Fourth Institutes who hath recorded little or nothing concerning the Jurisdiction or Power of Parliaments in Ecclesiasticall affaires and matters of Religion Thus humbly submitting these my distracted subitane Collections and Lucubrations to Your Honourable favourable Acceptation and imploring the God of Verity of Unity speedily to dissipate all our Errors and comprimise all our unhappy Divisions which threaten ruine to us if continued by Your most Religious Care Wisedome and indefatigable Endeavours that so wee may bee all like minded one towards another and may with ONE MIND and ONE MOVTH in one Way one Congregation glorifie God even the Father of our Lord Jesus Christ I shall with my ferventest Orisons daily recommend Your Honourable Assembly with all Your pious Endeavours for the Reforming Setling of our Church State to his Divine Benediction and ever rest Your Honours most humble devoted Servant William Prynne To the Reader CHristian Reader I here present thee with Truth Triumphing over Falshood Antiquity over Novelty to settle both thy Judgement and Practice in these unsetled times wherein the very Foundations of Parliaments States Churches Government are shaken and subverted by some of our owne dear Friends from whom wee least expected it For my part I take no pleasure in detecting my Brethrens nakednesse Errors Over-sights nor in disparaging their Worth or Writings yet I must needs acquaint thee for thine owne good to preserve thee from seducement with some materiall Observations touching their Independent Treatises for which thou maist chance to give me thanks First That they all generally take that for granted which they should prove and demonstrate to us viz. That there is an exact and most absolute forme of Church-Government prescribed to all Churches in the Scripture from which no man must vary in the least title And that the Independent Way it is and no other But when wee demand of them how they prove it or what that Way Government and Discipline is they contend for or in what plaine Scripture Texts they find it instituted and universally prescribed to all Nations Churches or how they make good all their transcendent Encomiums of their New Way wee find them altogether silent or unsatisfactory telling us onely a large story of the Patterne of the Tabernacle shewed to Moses in the Mount of the exact forme of the Temple shewed to David by the Spirit and of Ezekiels vision and his and the Angels measuring of the Temple Which are nothing to the point and meere impertinencies fit to delude the ignorant injudicious vulgar who take their weake inferences thence for divine Oracles Secondly That they are extraordinary bold confident peremptory copious in their affirmations and positions concerning their Way but very poore lame impotent deficient in their proofes thereof You must take their bare Assertions for undeniable Arguments Proofes Thirdly That their whole Independent Fabricke is built either upon false Principles As that every Church is a complete absolute independent body of it selfe subject onely unto Christ That no humane Power upon earth hath any Right or Authority to prescribe any Rules or Orders to any particular Congregation That just humane Lawes binde not the Conscience in point of obedience and the like Or else upon false or absurd Inferences from true Principles As that Christ is the King Lord Head and Law-giver of his Church Ergo No man or humane Power may make Lawes or Canons to regulate and order it or any thing in it but Christ alone Fourthly That to maintaine their New Way of Government they are enforced to deny the undoubted Power and Jurisdiction of Parliaments Councells Synods Kings and Civill Magistrates in Ecclesiasticall affaires and to maintaine such Paradoxes Passages against their lawfull Authority as if duly pondered may justly induce all Wel-affected persons to mistrust and abhorre their Way as Anarchicall and destructive to all Christian and humane Society Fifthly That they are constrained publikely to deny that there is any Nationall Church under the New Testament though they acknowledge one in the Old Upon which ground they must of necessity likewise deny one Article of the Creed That there is a Catholike Church and themselves members of it or of the Nationall Church of England They pluck up the bounds and orderly distribution of all Parish Churches absolutely necessary to avoyd confusion to provide competent maintenance for Ministers to bring all to frequent the publike Ordinances Warranted by Scripture wherein wee read not onely of distinct Synagogues and Tribes under the Law but Churches under the Gospel Approved by the practice of all Christian Churches ever since there were Christian Emperors Princes and as necessary as distinct Families Villages Cities Societies of men in civill respects yea observed in New-England it selfe though now disliked in Old and thereby bring in meere Ataxy and Confusion among us Sixthly They are constrained to wrest Scriptures against their meaning to invent many strange Apocryphall new shifts Interpretations Distinctions to evade
Controversia 3 de Conciâ—â—s Quaest 2. p. 577. to 585. Doctor Willets Synopsis Papismi Controversi 3. Concerning generall Councels Quaestion 2. Doctor John White his way to the true Church sect 29. n. 28. p. 111. Master Rogers his Analysis on the 21. Article Proposition 1. with sundry others whom I pretermit subscribe and justifie this truth against all Romish opposites And if these be not sufficient all the Reformed Churches in their several confessions registred in the Harmony of confessions cited by Master Rogers in his Analysis of the 21 Article with the whole Classe of their learned Writers unanimously resolve That the power of calling Councels Convocations Synods belongs not to Popes or Prelates but only to Christian Emperors Kings Princes and other chief temporall Magistrates which our late famous King James in the last place in his Letters Patents prefixed before the Canons and Ecclesiasticall Constitutions made in Convocation Anno 1603. ratifies to the full affirming that the Synod and Convocation at that time held was and ought to bee summoned and called only by vertue of his royall Writ The like is affirmed by our present Soveraigne King Charles in his Declaration before the 39. Articles and in his Patents Commissions licenses for making the last new Canons 1640. and resolved in the first Canon thereof From this 1. Proposition thus plentifully ratified by uncontrolable Presidents and publike Authorities of whole Synods Parliaments States in all ages which infinitely over-ballance the inconsiderable rash opinions of any private men I shall deduce these Consectaries 1. That the chiefest care of defending propagating the true Religion suppressing errors haeresies schismes vices and enacting Laws Canons for this end for the Churches peace Government and advancement of Gods true Worship belongs to Christian Princes or supreme temporall Magistrates and is an essentiall part of their duty because the right and trust of calling Synods Councels upon all such occasions is thus originally vested in them 2. That Synods Councels are very useful necessary profitable to the Churches of Christ if rightly ordered else God himself all Christian kingdoms states Churches would not have invested Kings supream civill Magistrates with such a power of convening them nor all Christian Kings Emperors but made so frequent use of this their power not onely without opposition but even with publike approbation yea such hath been the necessity and expediency of Synods and Councels in all Christian Churches in all ages That the generall Councell of Nice An. 363 the Councell of Antioch Can. 20. the first Councell of Constantinople Can. 3. the Councel of Africke Can. 18. the Councell of Chalcedon Can. 19. the third Councell of Toledo under King Reccaredus An. 600. cap. 18. the fourth Councell of Toledo under King Sisenandus An. 6â—1 the Greeke Synods collected by Martin Bishop of Bracara cap. 18. the second Councell of Arelat Can. 2. the third at the same place Can. 1. and the fourth Can. 37. the second Synod of Towers Can. 1. the fifth Councell of Orleans cap. 11. the Councell of Hereford under King Egfred An. 670. the sixth Councell of Constantinople Can. 8. the Councell of Antricum Can. 7. the Councell of Mascon Can. 20. the Synod of Soissons under King Childeric the Councell under King Pepin at the Pallace of Vernis An. 755. cap. 4. the Councell of Paris under Lewis and Lothaire An. 829. the Councell of Meaux An. 845. cap. 32. yea the great Councell of Basill An. 1331. with sundry other Councels Decree that a Synod or Councell shall be kept twice or thrice or at the least once every yeare at a certaine time and place in every Province That all Bishops and others unlesse hindered by sicknesse or other inevitable occasions should be present at it and not depart from it till all businesses were ended and the Councell determined under paine of Excommunication that none should interrupt not keep back any necessary members from them Therefore certainly they are both expedient and necessary for the Church not uselesse antichristian diabolicall and pernicious to the Church as some Papists Arminians Socinians hertofore and Independents now scandalously ignorantly if not maliciously deeme them Sect. 2. THat Bishops and Clergie-men when assembled in Councels Synods and Convocations by Christian Princes and Magistrates have alwayes been limited and directed by them not onely for the time and place of their meeting but likewise for the manner and matter of their debates and proceedings having no power liberty to debate or determine any thing but what was first prescribed them by their summoners or by their speciall Licence first obtained With a touch of Princes and Laymens presiding judging voting in Synods and Councels Secondly As Bishops and Clergy-men cannot summon Councels or Convocations not yet assembled together in them but by the Princes and supreme temporall Magistrates authority who alwayes appointed both the time and place of their meeting continuance and dissolution as all ages Authors attest so when they are lawfully met in Councels they cannot debate determine any points of faith nor yet frame any Ecclesiasticall Canons Lawes Constitutions in them but by the Princes or Magistrates licence direction that summoned them who have always both abroad and at home prescribed them either in generall or speciall termes what things they should debate treat of and conclude in their Synods confining them to such particulars for the determination and ordering whereof they were convened as well as to the time and place of their assembling This is evident by sundry Presidents The first famous generall Councell of Nice and the Bishops therein assembled were thus licensed and limited by Constantine the great who fate President in it as Eusebius with others manifest at large The Bishops assembled by him in the Synod of Tyrus were limited likewise by him how to proceed and what to treat of as appears by his letters to them wherein after he had exhorted them to peace and unity he chargeth them not to delay but to define the present controversies with al earnest endeavour within those fitting bounds he there prescribed telling them That he had sent Dionysius the Consull to admonish them of all things they were to do and who ought to be present at their Synod Maximè vero ut idem animadversor sit custos conservandae aequalitatis ordinis but especially that he should be an observer and keeper of that aequability and order which he had prescribed to be observed in that Synod The Bishops assembled by Constantius his Edict in the Councell of Ariminum most humbly requested his Majesty of his gracious favour and wonted clemency to grant them license and lawfull favour firmely to persevere in those things which their ancestors had decreed and that nothing might be diminished or added unto the old and ancient decrees In the Councell held at Seleucia summoned by Constantius precept it was commanded by this
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
Deo amabiles Motropolitas Episcopos qui hîc in regia urbe commorantur dcinceps Militantes incolas sancti Palatii necnon ex Collegiis popularibus ab excubitoribus insuper etiam quosdam de Christo dilectis exercitibus tam ab à Deo conservando Imperiali obsequio quamque ab Orientali Thraciano similiter ab Armeniano etiam ab exercitu Italiae deinde ex Cabarisnianis Septensianâ—s seu de Sardinia atque de Africano exercitu qui ad nostram pietatem ingressi sunt jussimus praefatas Synodaelium gestorum chartas in medium adduci CORAM SVPRADICTIS OMNIBVS LECTIONEM EORVM FIERI OMNESQVE DILIGENTER AVDIENTES SIGNARE IPSAS FECIMVS quorum auditorum universitas in nostris manibus eas praebuit chartas ut debeamus nos tenendo inviolatas conservare ipsas ut non licentia fuerit in quolibet tempore his qui timorem Dei nolunt habere aliquid corrumpere aut submutare ab his quae inserta sunt in praenominatis Synodalibus gestis quas totas chart as benè definitas in temporibus sanctae memoriae nostrae Patris ex probabilibus sanctis Patribus qui propriae linguae manuum fidem apud Dominum nostrum Jesum Christum verumque Deum existentem confirmasse dignoscitur consitentes eam docuisse nos speramus clementissimum nostrum Deum quia usque dum noster spiritus statutus est ex Deo esse in nobis ipsas chartas illibatas incommutabiles semper conservabimus These Canons which were compiled by his command in that Synod after his Fathers decease the Bishops sent unto him to peruse and ratifie as appears by the last clause of their Oration to the Emperor prefixed before them by way of a Preface Propterea ergo tuae pietatis jussu in hac Dei observatrice imperante urbe congressi sacros Canones conscripsimus Quamobrèm tuam Pietatem rogamus eas quae prius in hac Dei observatrice Civitate à congregatis sub bonae memoriae Imperatore nostro Patribus editae sunt voces tibi adducentes ut quemadmodum Ecclesiae scriptis Ecclesiam bonorasti sic eorum quae per viros pios synceros decreta sunt finem obsignes The resolution therefore of this generall Synod was That they could make no Canons but by the Emperors license and command nor promulge any but such as hee should first approve and confirme The 12. and 13. Councells of Toledo assembled by King Eringius were in verity nought else but Parliaments for first the temporall Governours Nobles and Magistrates of all Spaine were present in them Praesto sunt religiosi provinciarum Rectores clarissimorum ordinum totius Hispaniae Duces illustres aulae regiae viri quos interesse huic sancto Concilio delegit nostra Sublimitas clarissimi nostri Palatij Seniores sublimiumque virorum Nobilitas saith the Kings Instructions in both Councells and these had decisive voyces Secondly the King in those Councells made two severall Speeches to them both and gave to them severall writings concerning such things as hee desired to have enacted commanding both the Nobles Senators Captaines Courtiers and Councells as well as the Prelates in those two Councells to draw those Scrolls hee gave them into severall Heads Lawes and Canons expunging every thing that was absurd and correcting all things contrary to justice both in those Scrolls and in his Lawes prescribing them in generall Heads what Lawes to make but referring the particular forming and penning of them to them Thirdly In those Councells hee desires them to rectifie and confirme the Lawes hee delivered them in Writing many of which are meerly of State affaires and temporall matters concerning the Kings title to the Crowne and the like and when those Councells had made Lawes Canons and Constitutions according to his directions in writing hee then confirmed them both by his Royall Subscription and Edicts in this manner In nomine Domini Havius Eringius Rex magna salus populi gentisque nostri ac regni conquiritur si haec Synodalium decreta gestorum sicut pie devotionis nostrae studio acta sunt ita inconvulsibilis legis nostrae valido oraculo confirmentur ut quod sercuissimo Celsitudinis nostrae jussu venerandis Patribus clarissimis Palatij nostri Senioribus discreta titulorum exaratione est edictum praesentis hujus legis nostrae edicto ab aemulis defendatur Est enim haec ipsa definitio Canonum sub isto notata ordine titulorum Then follow the Acts Canons and Constitutions of the Councells made by the Kings direction and assent as most of the Canons and the two Scrolls delivered by him to these two Councells manifest with the Subscriptions of the Bishops and Nobles and then the Kings Edict of confirmation which recites them proceeds thus Quibus omnibus Synodalibus gestis decretis atque peractis debitam reverentiam honoris impendimus patulum autoritatis nostrae vigorem his innectare properamus Ideo praemissas has constitutiones Synodicas à praesenti die vel tempore id est ab octavo Calendas February anno primo regni nostri nullus audeat contemnere nullus etiam praeterire nemo earundem constitutionum audeat jura convellere nullus temerator haec decreta subvertere Nemo illicitator vel contemptor vigorem his institutionibus subtrahat sed generaliter per cunctas regni nostri provincias haec Canonum instituta nostrae gloriae temporibus acta autoritatis debitae fastigio praepollebunt irrevocabili judiciorum exercitio prout constituta sunt celebria habebuntur Si quis autem haec instituta contemnat contemptorum se noverit damnari sententia id est ut juxta voluntatem nestrae gloriae excommunicatus à coetu nostro resiliat insuper partem decimam facultatis suae sisci partibus sociandam amittat Quod si nihil habuerit facultatis unde praedictam compositionem exsolvere possit absque alia infamia sui quinquaginta oportebit eum ictibus verberari ut semper infamis permaneat Edita Lex in confirmatione Concilij Toletani sub die octavo Calendas Februarij anno felicitèr primo regni gloriae nostrae In nomine Domini Flavius Eringius Rex hoc legis nostrae Edictum in CONFIRMATIONE HVJVS CONCILII PROMVLGATVM SVBSCRIPSI The Passages and Canons of both these Councells duly considered will manifest That the Councells of Spaine and others in those dayes were nought else but Parliaments consisting as well of temporall Lords Great men Councellors Magistrates as of Bishops That Princes then could not make Ecclesiasticall Canons and Constitutions to bind their Subjects but in Parliament and that the Bishops alone could not then make any such Canons or Lawes but in Parliament with the concurrent consent and direction of the temporall Lords and Governours the Kings license for that purpose first gained nor yet promulge them without the Kings Letters Patents first obtained
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 defetâ—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 â—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 Aâ—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 â—o make it valid Not long after this King
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 circaâ—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 aâ—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
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. â— 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 Pâ—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 râ—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 VViâ—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
HERETIQVES limiting the maner of proceeding against them defining what shal be heresie how it shall be punished and abridging the Authority of the Bishops and Canon Law ch 16. concernes Pluralities ch 19. containes the submission of the Clergy Convocation to the King declares the Kings supremacy in causes Ecclesiasticall the impotency of the Clergy or Convocation to make or promulge any Canons or Ecclesiasticall constitutiâ—ns or to debate any thing in Convocation without his Royall Lycence and approbation The Nullity and invalidity of the Canon Law abolisheth all appeales to Rome and Authorizeth 32. persons whereof halfe to be of the Clergy the other halfe of THE LAITY to survay the Canon Law and to compile a body of the Canon Law to be authorized by the King under his Great Seale by vertue of this Act for to be the only Canon Law to be used within this Realme Chap. 20. takes away the payment of any Annates oâ— first fruits to the Bishop of Rome nullifies his usurped power and Buls settles the forme of electing and consecrating Archbishops and Bishops within this Realme and plentifully manifests the Kings and Parliaments Jurisdictions in Ecclesiasticall affaires chap. 21. doth the like exonerating the Kings Subjects from all exactions and Impositions heretofore payed to the Sea of Rome and enabling the Archbishop of Canterbury and his Officers to grant all Licences and dispensations within the Realme which were formerly granted at Rome only The Statute is worthy perusall consideration fully demonstrating the power of the Parliament in Church affaires 26. H. 8. c. 1. declares the Kings Highnesse to be supreme head of the Church of England under Christ making it a part of his Royall Title and to have Ecclesiasticall authority to redresse and reforme all Errors Heresies and abuses in the Church punishable by any spirituall or ecclesiasticall Law Chap. 3. enacts The payment of the first fruits of all Dignities Benefices promotions spirituall and tenthes to the King and his Heires abolishing the Popes usurpations and authority herein ch 13. abolisheth sanctuarie in cases of High Treason ch 14. Authorizeth the nomination and consecration of suffragan Bishops in sundry places of this Realme and both creates and limits their authority chap. 15. takes away some exactions of spirituall men within the Archdeaconry of Richmond 27. H. 8. c. 8. limits that the Kings spirituall Subjects shall pay no Tithes whiles they are in their first fruits ch 15. authorizeth the King to nominate 32. persons halfe of the Clergy the other of the Laity for the perusall and making of Ecclesiasticall Lawes and manifests the Convocations invalidity to make such lawes or Canons ch 19. Limiteth and abolisheth Sanctuaries and sanctuary persons ch 20. containes an Order touching the paying of Tithes throughout the Realme ch 21. Limits the maner of payment of Tythes within the City of London ch 27. suppresseth divers Monasteries Priories and Religious Houses vesteth their revenues in the King and erects the Court of Augmentations 28. H. 8. ch 10. extinguisheth thes authority of the Bishop of Rome prescribes an Oath of abjuration of it and Popery together with the Popes usurpations and excellently sets forth the Kings supreamacy the Parliaments authority in matters ecclesiasticall as you may read in the Act worthy perusall ch 11. enacts Restitution of the first fruits in time of vacation to the next incumbent ch 13. compells spirituall persons to residence upon their livings ch 16. Releaseth such as have obtained pretended Licences and dispensations from the Sea of Rome 31. H 8. c. 6. enables such as were Religious persons to purchase lands to sue and be sued in al maner of Actions which they were disabled formerly to do by the Common Canon Law ch 9. Enables the King to make Bishops by his Letters Patents only and to erect new Bishopricks which he did ch 13. disolves all Monasteries and religious Houses and vests them in the King wherein you may behold much of the Kings and Parliaments power in Church businesses ch 14. For abolishing of diversity of opinions in matters of Religion most fully and exactly demonstrates the Kings and Parliaments jurisdictions in matters of Religion as the whole Act sufficiently manifests though the Articles therein defined were erronious and the Act too cruell and bloudy 32. H. 8. cap. 8. provides for the true payment of Tythes and offerings chap. 10. containes the punishment of incontinent Priests and of women offending with them ch 12. concernes Sanctuaries and the priviledges of Churches and Church-Yards ch 15. prescribes the manner of proceeding against Heretickes and impugners of the Act for abolishing of enormious opinions in Christian Religion chap. 23 24. concernes Accounts of Bishops and subsidies granted by the Clergie chap. 25. Dispences the Kings marriage with the Lady Iane chap. 24. Dissolves the Hospitalls of Saint Johns of Ierusalem in England and Ireland for supporting and maintaining the supremacy and jurisdiction of the Bishop of Rome contrary to their duty and Allegiance chap. 26. Intitled An act concerning true opinions and Declaration of Christs Religion is most pregnant to our present purpose which you may peruse chap. 38. Concerning precontracts of marriages and degrees of consanguinity is likewise a most punctuall Act for the Kings and Parliaments Ecclesiasticall power and chap 44. 45 47. good evidences of it 33. H. 8. chap. 15. 27 28 29 30 31 32. Enabling Religious persons to sue and bee sued severing the Bishopricks of CHESTER and Isle of MAN from the jurisdiction of CANTERBURY to the See of Yorke making the Church of Whitgate a Popish Church by it selfe and severing it from the Parish of Over which I wish our Independents to observe and to learne from this and other Acts that no new Churches or Parishes can be erected legally but by act of Parliament which none of their Churches are 34. and 35. H. 8. c. 1. intituled An act for The advancement of true Religion and For the abolishing of the contrary is most pertinent to our purpose and c. 15. 17 19 35. H. 8. c. 9. for ratification of the Kings stile and Title of Defender of the Faith and supreame head of the Church of England and Ireland ch 6. Concerning the qualification of the Statute of the 6. Articles c. 16. concerning the examination of the Canon Lawes by 32. persons halfe of the Clergie and halfe of the temporalty to be named by the Kings Majesty during his life to compile a body of the Canon Law to bee used in the Realme 37. H. 8. c. 4. 12. but especially ch 17. That Doctors of civill Law may execute Ecclesiasticall jurisdiction though Laymen and married a Law worthy reading and chap. 21. For the union of Churches not exceeding the value of 5l which could not be done but by Act of Parliament are all most pregnant evidences of the Kings and Parliaments indubitable Ecclesiasticall jurisdictions in matters of Discipline Religion Church-government and all Church affaires whatsoever The Statutes made in King
Edward the 6. his Reigne are most punctuall and pegnant evidences hereof as namely 1. Edw. 6. ch 11. For administring the Sacrament in both kindes therein proved necessary by sundry Texts of Scripture and punishing such persons as shall unreverently speake against the Sacrament with Temporall and Ecclesiasticall censures ch 2. concerning the election and creation of Bishops by the Kings Letters Patents and what Processe and Seales they shall use declaring that they have no Ecclesiasticall jurisdiction but meerely from the King ch 9. For uniting certaine Churches within the City of Yorke ch 12. which abolisheth Sanctuaries and Clergy in some cases 2. and 3. E. 6. ch 1. For the Vniformity of service and the administration of the Sacraments throughout the Realme ch 13. For the true payment of Tythes ch 19. For abstinence from flesh ch 20. Concerning Recusants ch 23. For positive Lawes made against the Mariage of Priests ch 23. The repeale of a Statute touching Precontracts of Mariage 3. and 4. E. 6. ch 10. For the abolishing and putting away of diverse superstitious Popish Books and Images chap. 11. That the Kings Majesty may nominate and appoint 32. persons halfe Clergy-men and halfe Laymen to peruse and make Ecclesiasticall Lawes ch 12. For the manner of Ordaining Ecclesiasticall Ministers and Consecrating Bishops ch 15. Against fond and phantasticall Prophecies 5. and 6. E. 6. ch 1. For the uniformity of Common Prayer and administration of the Sacraments ch 3. For the keeping of Holy-dayes and Fasting dayes ch 4. Against fighting and quarelling in Churches and Church-Yards ch 12. For the lawfulnesse of Priests Mariage and legitimation of their children chap. 13. Touching Religious persons and c. 23. Against Vsurie All these are clearely Ecclesiasticall Acts yet made by Parliament The Statutes in Queene Maries Reigne though of a different Religion from her brother and a zealous Pontifician sufficiently evidence the jurisdiction of our Princes and Parliaments in matters of the Church and Religion witnesse 1. Mar. Parl. 1. Ses 2. Chap. 2. Repealing diverse acts-made touching Religion in King Edward the 6. his Raigne and setting up Masse and the old Lyturgies againe chap. 2. Against Offendors of Preachers and other Ministers in the Church or Church-Yard or interrupting them in their Sermons or saying Masse under paine of imprisonment fines and Ecclesiasticall censures chap. 15. For re-edifying the parish Church of Saint Ellins in Stangate 1. Mariae Par. 2. c. 1. Declaring That the Regall power of this Realme is in the Queenes Majesty as fully and absolutely as ever it was in any of her most Noble Progenitors Kings of this Realme chap. 3. Being an Act of Repeale of two severall acts in the 7. yeare of King Edward the 6. touching the dissolution of the Bishoprick of Durham Chap. 9. Touching Ordinances Rules c. in Cathedrall Churches and Schooles c. 10. Repealing a statute for the uniting of the parish Churches of Onger and Greensted in the County of Essex 1. and 2. Phil. and Mary chap. 6. For the reviving of three Statutes made for the punishment Of Heresies and that with forseiture of Lands imprisonment and death in some cases chap. 8. Intituled an Act repealing all Statutes Articles and provisions made against the See Apostolike of Rome since the 20. yeare of King H. 8. and restoring the Bishops with their Courts offices the Pope himselfe to their former usurped jurisdictions in England ratifying this Popes very Bulles and dispensations to make them valid and setling the whole affaires of the Church of England chap. 9. 20. For the punishing of traiterous Sermons and Prayers against the Queene chap. 17. Concerning leases of some spirituall persons and 2. and 3. Phil. and Mary chap. 4. For the extinguishment of first fruits c. All Ecclesiasticall Statutes In Queen Elizabeths happy Raigne there are sundry Statutes abundantly manifesting her own and the Parliaments supreame Iurisdictions and Legislative power in matters of Religion Church-government Discipline c. as namely 1 Eliz. c. 1. An Act restoring to the Crowne the ancient Jurisdiction OVER THE STATE ECCLESIASTICALL SPIRITVALL and abolishing all fortaigne power repugnant to the same which gives the Queen her heires and successors all manner of Ecclesiasticall Iurisdiction in and over all Ecclesiasticall persons and causes and power to correct redresse and reform all manner of HERESIE SCHISME ERRORS ABVSES OFFENCES ECCLESIASTICALL prescribes the oath of Supremacy which all are to take and most Independents have formerly taken wherein they do utterly testifie and declare in their consciences that the Queen and her Successours are the onely supreame Governours of this Realme and other their Dommions as well IN ALL SPIRITVALL OR ECCLESIASTICALL THINGS OR CAVSES as temporall c. which jurisdiction of theirs they sweare to their power to assist and defend Which oath if any refuse to take hee shall forseit all his Ecclesiasticall promotions and temporall offices This Act likewise abolisheth the Popes jurisdiction under pain of a praemunire and other mulcts against the maintainers of it It determines what shall be adjudged HERESIE and what not namely Only such matter and cause as heretofore hath been determined ordered and adjudged to be heresie by the authority of the Canonicall Scriptures oâ— by the first foure generall-Councels or any of them or by any other generall Councell wherein the same was declared heresie by the expresse and plain words of the Canonicall Scripture or such as hereafter shall be ordered IVDGED OR DETERMINED TO BE HERESIE BY THE HIGH COVRT OF PARLIAMENT OF THIS REALME with the assent of the Clergy in their Convocation to wit by way of assistance and advice cumulatively not negatively as if their assent were simply necessary So as by this Act the Parliament is made the sole proper Iudge what is or shal be reputed punished as heresie what not how it shal be punished the highest point of Ecclesiasticall jurisdiction Ch. 2. For the uniformity of Common prayer and service in the Church and administration of the Sacraments enjoyning conformity under temporall and Ecclesiasticall punishments is an irrefragable proofe of the Parliaments Ecclesiasticall power in all Church matters and 1 Eliz. c. 3. 4. 6. 5 Eliz. c. 1. For the assurance of the Queens royall power over all States and Subjects within her Highnesse Dominions ch 23. For the due executing of Writs de Excommunicato capiendo ch 28. For translating of the Bible and divine Service into the Welch tongue 8 Eliz. c. 1. Declaring the manner of making and Corsecrating the Archbishops Bishops and Ministers of this Realm to be good lawfull and perfect ratifying the Booke of common Prayer and of Ordination together with the Queens Soveraigne Ecclesiasticall Authority 13 Eliz. c. 2. Against the bringing in and putting in execution of Bulls and other instruments of the See of Rome chap. 8. Against Usury ch 19. concerning Dilapidations c. 12. To reforme certain disorders touching Ministers of the Church ratifying the 39.
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 â—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 flockâ— 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
to the Kings of Judah to doe the least thing in point of Reformation but onely to see that the Priests doe all strictly according to the prescript rule of the Law 2 Chron. 31. Now was the great Law-giver so strict under the Old Testament and is hee growne over remisse under the New In Ezechiels vision of the Temple or Church under the Gospell Ezechiell 43. 10 11. Wee read of a patterne of every particular thing belonging to the House of God exactly set downe and measured by Gods speciall rule and direction Ergo There is a most exact rule set down for the Government of all Churches under the Gospell in all particulars even to a Pin from which they must not vary in the least point or title Else a sluce would be opened to drowne the whole world in supestition and error I have elsewhere given a full answer to this common objection and manifested the absurdity of it to which my Brother hath not given the least reply and because much insisted on I shall once againe answer it here with some additions My Brothers first Argument from the premises if turned into a logicall forme is this God in the Old Testament shewed and prescribed to Moses in the Mount an exact patterne of the Tabernacle and its implements from which hee must not vary in one Pin or Title Ergo He hath prescribed an exact uniforme universall modell of Church-Government and Discipline under the Gospell for all Churches Nations Ages whatsoever from which they must not vary in the least Pin or Title What an Independent argument this is will appeare First by considering that the Tabernacle as all well know was no part of the Congregation or living Church of the Israelites made up onely of Circumcised persons of which our present controversie concerning Church-Government is meant but only the place wherein the Israelites met to Worship God during their Pilgrimage in the Wildernesse which Tabernacle ceased when the Temple was built and the Arke placed therein it being in truth nought else but a materiall moveable Temple answerable to our Churches Chappell 's and places of publike meeting for Gods Worship now but only in its moveablenesse The like may be said of Salomons materiall Temple what Argument can then be deduced thence to prove such an exact forme of Church Government setled under the Gospell as is objected I can not conjecture Brother I beseech you tell me in good earnest what you think of these following Arguments which may be retorted on you from this patterne with far more probability and reason then this objected First God in the old Testament prescribed the height length breadth compasse form and materials of which the Tabernacle Arke Altar Curtaines Candlesticks Sockets Rings Staves and every pin vessell utensill belonging to the Tabernacle should be made and expressed the same most punctually in writing commanding Moses to make all of them according to the patterne shewed him and not to vary in one Pinne as you may read Exod. cap. 25. to c. 40. Ergo Christ in the New-Testament hath a punctually prescribed to all Christians nations in as direct words the expresse form matter dimensions portraiture of all Christian Churches Temples Chappell 's and all Tables Chalices Pulpits Pues with other Appurtenances to them belonging from which they must not vary in one pin or title Secondly God in the Old Testament appointed particularly and by name who should build the Tabernacle and make all the Implements surâ—ure there belonging and appointed by name Bâ—zaliel and Aholiah to be the chiefe workmen And every wisehearted man and cunning Artificer imployed in this building this Architecture whom God himselfe endued with speciall skill wisdome and ability for this work not any Priest or Levite Exod. 31. 1. to 10. chap. 35 30. to 31. c. 36. 1. 2 3. c. c. 37. to 40. Ergo none but those Artificers whom God doth immediately name and endow with extraordinary gifts from Heaven None but Embroyderers Gold-Smiths Carpenters Ioyners Carvers Masons not Ministers Presbyters Deacons or Evangelicall Pastors must under the Gospell build up the spirituall Churches of Christ and settle the true Government and Discipline thereof Thirdly The very frame fashion Colour and materialls of the holy Garments which Aron and his Sons should weare when they came to minister before the Lord were expresly set downe and the use of them enjoyned under paine of death in the Old Testament and were a part of the patterne shewed to MOSES in the Mount from which hee might not vary in one Pin or Title Exodus c. 28. and 29. and 39. and 40. Ergo The very forme fashion matter and coulour of all Ministers Elders Deacons Garments in which they should minister is as punctually prescribed and limited under like penalties in the Gospell from which they must not vary Fourthly The Tabernacle and Temple too under the Law were made and built by the hands of men and were onely corporall not spirituall buildings in the spirits of men Ergo the Church under the Gospell is such to And then what will becom of your strange determinations p. 49. 50. That the Church is a spirituall house whose ONLY BUILDER is Christ and NOT MAN c. Fourthly This patterne in the Mount was shewed and delivered by god only to Moses the Temporall Magistrate not to Aaron or the Priests and he was to make and see all things made according to this patterne without the least variation by the helpe of Bezaliel and other lay-Artificers Ergo the framing setling of Church-government Discipline under the Gospell belongs wholly or principally to the supreame temporall Majestrates and to such Lay Artificers as they shall please to take to their assistance Not to Bishops Presbyters Ministers or any Ecclesiasticall persons Brother If you grant all these foure Arguments absurd false or incoherent as I presume you will then by the selfe same reason your owne Argument must much more be so And therefore I beseech you now at last to consider on what false sandy ground and absurd Inconsequencies your Independent Churches are built Secondly I pray inform me Brother if you are able If there be such an exact apparent unalterable forme of Church-government prescribed under the Gospell as there was of the Tabernacle Altar Temple in the Old in all particulars why the one is not as clearely and punctually set downe without any obscurity in the New Testament as the other is in the Old If you can shew us any such unalterable forme intirely delineated all together in precise direct termes in the one as we can shew you to in the other the controversie would bee ended without more dispute But since this cannot bee done and your selfe confesse in your Margin p. 6. which contradicts and subverts your Text We doe not say the same things are prescribed under the Gospell NOR DOTH IT COME TO SUCH CIRCUMSTANTIALS but we say and I say so to what it prescribeth â—s to
Elders Members Ordinances Prayers preaching Sacraments reading of the Word maintenance and the like of its owne within it selfe yetso as not simply to exclude all others from preaching or communicating with them when there is occasion and in this regard the definition of a Church given in out Homilies and by others That it is a company of men outwardly professing the faith of Christ wherein the Word of God is syncerely preached and the Sacraments duly administred belongs unto it But yet it followes not hereupon that it is either an absolute or Independent Church or a compleate body in all respects exempt from all superior jurisdiction but a dependent subordinate Congregation and a meere Member in respect of the Nationall Provinciall or Catholike Church For as every private person familie Corpotion Society City considered in themselves are compleate perfect men bodies Societies c. but in relation to the Families Kingdoms Cities Republikes wherin they are meete dependent subordinate parts Members of the whole common body to whose just Laws commands they are all equally subject or as every particular persons families or corporations interests in their owne persons liberties lands estates Children servants is good and absolute against all other private persons or corporations who have no power to deprive them of them but yet subordinate to the publike interest and power of the whole kingdom Paâ—â—ia who may command or dispose of them upon all just occasions for the safety and service of that common bodywhere of they are all Members which may give Laws of common right to all and deprive them of all private interests priviledges for the publike good Salus populâ— being Suprema lex to which all Privadoes must submit So it is with every particular Christian Congregation As a private Christian or Church they have a private compleatnesse absolutenesse and Ordinances within themselves of which no other particular Christian or Church can deprive them not judicially question them for But yet this private Christian as a Member of a Congregation and this particular Congregation as a Member of the Nationall and Catholik Church of Christ are neither absolute not independent but subordinate to the other Churches Synodically assembled to the supreame Councell of Parliament the representative Church and State of England who may prescribe Laws unto them and to the Civil Magistrate who may both censure correct them to For example if any particular Congregation or any Pastor or Member of it shall abuse or exceed their private power to the oppression of any of theâ—â— owne Members or injury of their neighbour Churches as by separating from their communion without just cause erecting a new private forme of Church-Government or Discipline in opposition to other Churches of the same or other Realms without publike authority to the engendring of schiâ—mes or broach any hereticall seditious Erronious Doctrines as some now do set up Idolatry supersition innovations or falfe worship abuse or prophane the Sacraments become licencious vitious or scandalous in their lives injure their owne Members without giving them satisfaction or reliefe entertaine all sorts of Sectaries deny communion in Sacraments or other Ordinances with the Members of their neighbour Churches who desire it upon just occasions debarre any of their Members from the Lords Supper or their Children from Baptisme without just cause be unable to resolve doubts and controversies in Religion betweene Minister and people or Members or to judge of doubtfull cases Vsuâ—pe more power then is meet to the impeaching of the Magistrates Authority wants meanes to raise monyes to provide an able Minister or defray their necessary Church expences or invades the Rights of other Neighbour Churches or refuseth obedience to such publike Ecclesiassticall Lawes which tend to the peace and unity of the whole Nationall Church In all these cases and others which concerne the Nationall or whol Catholike Church in general or other neighbouring Churches in particular no particular Church is an absolute or Independent body of it self but only a subordinate Member Subject to the Lawes Ordinances Determinations censures of the whole Church of that Nation combined in Parliament and to Nationall Provinciall Synods and Presbyteries established by common consent in Parliament as well as every Member of a Family City Society Kingdom Army or Realm is subordinate to the whol Family City Army Realm which no reasonable creature or Consciencious person can or dares deny Secondly I answer That this very argument is a most dangerous seditious Parâ—dox destructive to all Republikes and Societies of men A Cockatrice fit to be crushed in the shell ere it prove a devouring Serpent to Church and State as you may discerne by these instances in my Brothers way of arguing For may not any Independent Company 〈◊〉 Regiment or Brigade in our Armies argue just in this very straine Every Company Troop Regiment Brigade is a compleate body of it selfe having an its owne necessary Officers and Commanders Therefore we will not joyne with or submit to the commands Orders Military Lawes or directions of my Lord Generall the councell of Warre or any superior Officer but bee ruled commanded only by our selves and and the Parliaments own immediate commands to which we are onely subject Any Independent Family Streete parish Company or Ward only in the City argue thus we are an absolute compleate body family street parish company Ward within our selves Therefore we will not wee may not be governed directed commanded or censured by my Lord Major the Court of Aldermen or Common Councell but only by and within our selves Any Independent child servant Wife or Member of any such Congregation alleage I am an absolute Man Woman Christian of my selfe Therefore I may not I will not be commanded governed overruled obliged corrected by my Parents Master Husband or that Congregation of which I am a Member but only by my selfe Any independent County City Committee or Court of Justice argue Wee are a compleate County City Committee Court in and of our selves Ergo Wee neither will nor must submit to any Lawes or Ordinances of the high Court of Parliament Yea every Colledge in our Vniversities dispute thus We are a compleate Colledge and corporation within our selves Ergo the Chancellor Vicechancellor Convocation Congregation and whole Vniversity have no Authority to controle judge or order us Brother if such Arguments as these should be once admitted as they now begin to grow very rise in all places I referre to your saddest thoughts what will become of all our Armies Parishes Cities Churches Families Parliaments Kingdome in a short space Will they not all be dissipated dissolved in a moment and nought but a Chaos of confusion disobedience Schisme Anarchy and disorder cover their faces I beseech you therefore consider and retract this new monstrous Logick and Divinity which cuts in sunder all relations and subverts the very pillars foundations of all Government Order Peace Vnity both in Church and State But my Brother Objects 3.