had their place amongst them according to which Canâ—n there went out a Mâ—nitory from the Aâ—chbp of Caâ—terbury to all the Suffragâ—ns of hiâ— Pâ—ovince 〈…〉 which is still extant on Record But being the authority of the Church was then in the wane it was thought necessary to confirm their Acts and see execution done upon it by the Kings Injunction which did accordinâ—ly come forth with this Form or preamble That the abolishing of the said holy dayes was decreed ordained and established by the Kings Highness Authority as supâ—eam Head in earth of the Church of England with the common consent and assent of the Prelates and Clergy of this â—is Realm in Convâ—cation lawfully assembled and congregate Of which see Foxe his Acts and Mâ—numents fol. 1246 1247. Afterwards in the year 1541 the King perceiving with what difficulty the people were induced to leave off those Holy days to which they had been so long acâ—ustomed published his Proclamation of the twenty third of Iuly for the abolishing of such Holy days amongst other things as were prohibited before by his Injunctions both built upon the same foundation namely the resolution of the Clergy in their Convocation And so it stood until the Reign of King E. 6. at which time the Reformation of the publick Liturgie drew after it by consequence an alteration in the present businesse no days being to be kept or accounted holy but those for which the Church had set apart a peculiar office and not all those neither For whereas there are several and peculiar offices for the day of the Conversion of Saint Paul and the day of Saint Barnabas the Apostles neither of these are kept as holy days nor reckoned or esteemed as such in the Act of Parliament wherein the names and number of the holy days is precisely specified which makes some think the Act of Parliament to have had an over-ruling power on the Common prayer Book but it is not so there being a specification of the holy days in the book it self with this direction These to be â—bsâ—rved for Holâ— days and nonâ— other in which the Feasts of the Conversion of St Paul and the Apostle Barnabas are omittâ—d plainly and upon which specification the Stat. 5 6 Ed. 6. cap. 3. which concerns the holy days seems most expresly to be built And for the Offâ—ces on thoâ—e days in the Common-prayer Booke you may pleaâ—e to know that every holy day consisteth of two special parts that is to say râ—st or cessatiâ—n from bodily labour and celebration of Diâ—ine or Relâ—gious duâ—ies and that the dayâ—s before remembred aâ—e so far kept holy as to have sâ—ill their proper and peculiar Offâ—ces which is observed in all the Cathedrals of this Kingdome and the Chappels Royall where the Service is read every day and in most Parish Churches also as oft as either of them falls upon a Sunday though the people be not in those days injoined to rest from bodily labour no more then on the Coronation day or the fiâ—th of November which yet are reckoned by the people for a kind of holy days Put all which hath been said together and the â—umme is this That the proceedings of this Church in the Reformation were not meerly Regall as it is objected by some Puritans much lesâ—e that they were Parliamentarian in so great a woâ—k as the Papists falsly charge upon us the Parliaments for the most part doing liâ—tle in it but that they were directed in a justifiable way the work being done Synodically by the Clergy onely according to the usage of the Primiâ—iveâ—imes the King concurring with them and corroborating what they had â—esolved on either by his own single Act in his letters Paâ—ent Proclamations and Iâ—junctions or by some publick Act of State as in 〈◊〉 and by Acts of Parliament 6. Of the power of making Canons for the well ordering of the Clergy and the directing of the people in the publick Duties of Religion WE are now come to the last part of this design unto the power of making Canons in which the Parliament of England have had lesse to do then in either of the other which are gone before Concerning which I must dâ—sire you to remember that the Clergie who had power before to make such Canons and Constitutâ—ons in their Convocation as to them seemed meet promised the King in verbo Sacerdâ—tij not to Enact or Exâ—cute any new Caâ—ons but by his Majesties Royal Assent and by his authority first obtained in thaâ— behalf which is thus briâ—fly touched upon in the Ant. Brit. in the lâ—fe of William Marham Arch Bp of Canterbury Clerâ—â— in verbo Sacerdotij fidem Regidâ—dit ne ullaâ— deinceps in Synodo ferrent Ecclesâ—asticas leges nisi eâ— Synodas authâ—ritate Râ—gia conâ— gregata et constitutiones in Synodis publicataâ— eadem auâ—â—oritate ratae essent Upon which ground I doubt not but I might securely raise this proposition That whatsoâ—ver the Clergy did or might do lawfully before the act of Submission in their Convocation of their own power without the Kings authority and consent concurring the same they can and may do still since the act of their Submission the Kings authoâ—â—ty and consent co-operating with them in their counsels and giving confirmation to their Constitutions as was said before Further iâ— doth appear by the aforesaid Act. 25. H. 8. c. 19. â—hat all such Canons Constitutions Ordinances and Synodals Prouincial as were made beâ—ore the said Submission which be not contrary or repugnant to the Laws Statutes and Customes of this Realm nor to the damage or hurt of the Kiâ—gs Prerogative Royal were to be used and executed as in former times And by the Statute 26. H. 8. c. 1. of the Kings Suprâ—macy that according to the Recognition made in Convocation ouâ— said Soveraign Lord his heirs and succesâ—ors Kings of this Realm shall have full power and authority from time to time to visit repress reform order correct c. all such Errours heresies abuses offences contempâ—s and enormities whatsoever they be c. as may be most to the pleasure of Almighty God the increase of virâ—â—e in Christs Religion and for the peace unity and tranquillity of this Realm and the confirmation of the same So that you see these several ways of ordering matters for the Publick weal and governance of the Church First by such ancient Canons and Constitutions as being made in former times are still in force Secondly by such nâ—w Canons as are or shall be made in Convocation with and by the Kings Consenâ— And Thirdly by the authority of the Soveraign Prince according to the Precedentâ— laid down in the book 〈…〉 and the best agâ—s of the Church Concerning which you must remember what was said before viz. That the Statutes which concern the Kings Supremacy are Declaratory of an old power onely not Introdâ—ctory of a new which said we shall the better see whether the Parliament have had any thing
them which being agreed on by the Clâ—rgie and by them presented to the King humbly requiring him to give his royal asâ—ent unto them according to the Statute made in the 25 of K. H. 8 and by his Majesties Prerogative and Supream authority in Ecclesiastical causes to ratifie and confirm the same his Majesty was graciously pleased to confirm and ratifie them by his Letters Patents for himself his heirs and lawfull successours straightly commanding and requiring all his loving Subjâ—cts diligâ—ntly to observe execute and keep the same in all points wherein they do or may concern all or any of them No running to the Parliament to confirm these Canons nor any question made till this present by temperate and knowing men that there wanted any act for their confirmation which the law could give them 7. An Answer to the main Objections of either Party BUt against this all which hath been said before it will be objected â—hat being the Bishops of the Church are fully and wholly Parliamentarian and have no more authority and jurisdiction nisi a Parliamentis derivatum but that which is conâ—erred upon them by the power of Parliamâ—nts as both Sanders and Schultingius do expresly say whatsoever they shall do oâ— conclude upon either in Convocation or in more private conferences may be called Pâ—rliâ—menâ—arian also And this last calumny they build on the sevâ—ral Stâ—tutes 24. H 8. c. 12. touching the manner of eâ—ecting and consecrating Arch-Bishops and Bishops that of the 1 E. 6. c. 2. appointing how they shall be chosen and what seaâ—s they shaâ—l uâ—e thâ—se of 3 and 4 Ed. 6. c. 12. 5 6. E. 6. â—or authorizing of the book of Ordination But châ—â—fly that of the 8 Eliz. c. 1. for making good all Acts since 1 Eliz. in coâ—sâ—crating any Arch Bishop or Bishop within this Reaâ—m â—o give a general answer to each several cavil you may please to know that the Bishops as they now stand in the Church of England derive their calling together with their authority and power in Spiritual matâ—ers from no other hands then those of Christ and his Apostles their Temporal honors and posâ—â—â—â—ions from the bounty and affection onely of our Kings Princes their Ecclesiastical juriâ—diction in caâ—ses Matrimonial Testamentary and the like for which no action lieth at the common Law from continuall usage and prescription and ratified and continued unto them in the Magna Charta of this Realm and 〈◊〉 more unto the Parliament than all sort of subjects do besidâ—s whose fortunes and estates have been occasionally and collaterally confirmed in Parliament And as for the particular Statutes which are touched upon that of the 24 H. 8. doâ—h only constitute and ordain a way by which they might be chose and conâ—ecrated without recourse to Rome for a conâ—irmation which formerly had put the Prâ—lates to great charge and trouble but for the form and maâ—ner of their consecration the Staâ—uâ—e leaves it to those Rites and Ceremonies wherewith before it was perfoâ—â—ed and therefore Sanders doth not stick to affirm that all the Bishops which were made in King Henries days were lawfully and Canonically ordained and consâ—crated the Bishops of that time not onâ—ly being acknowledged in Queen Maries days for lawfull and Canonical Bishops but called on to assist at the consecration of such other Bishops Carâ—inal Pool himself for one as were promoted in her Reign whereof see Masons book de Minist. Ang. l. c. 〈◊〉 Next for the Statute 1 E. 6. cap. 2. besides that it is satisfied in part by the former Answer as it relates to their Canonâ—cal Consecrations it was repeaeld to Tâ—rminis in the first of Queene Maries Reigne and never stood in â—orce nor practise to this day That of the authorizing of the booke of Ordination in two severall Parliaments of that King the one a parte ante and the other a parte post as before I told you mâ—ght indeed seeme somewhat to the purpose if any thing were wanâ—ing in it which had beene used iâ— the formula's of the Primitive times or if the book had beâ—n composed in Paâ—liament or by Parliament men or otherwise received more authority from them then that iâ— might be lawfully used and exercâ—sed thâ—oughouâ— the Kingdome But it is plâ—in that none of these things were oâ—jected 〈◊〉 Queen Maries dayâ—â— when the Pâ—pists stood mâ—st upon their points 〈◊〉 Ordinal being not â—aâ—led in because it had too much of the Parliament buâ— becauâ—e it had too lâ—ttle of the Pope and reâ—shâ—d too strongly of the Pâ—imitive piety And for the Sâ—atute oâ— 8 of Qu. Elizâ—beth which is chiefly stood on all that was done therein was no more then thiâ— and on this occasion A question had been mâ—de by captiouâ— and unquiet men and amongst the rest by Doctor Bâ—nner sometimes Bishop of London whether the Bishops of those times were lawâ—ully ordained or not the reason of the doubâ— being this which I marvell Mason did not sâ—e because the â—ook of Ordination which was annulled and abâ—ogated in the 〈◊〉 of Queen Mary had not been yet restored and revived by any legal Act oâ— Qu. Elizabeths time which Cauâ—e being brought before the Pâ—rliamenâ— in the 8 year of her Reign thâ—Pâ—rliâ—ment took notice first that their not restoring of thaâ— booke 〈…〉 foâ—mer power in terâ—s significant and expresse was but 〈…〉 and then declare that by the Stature 5 and 6 E. 6. it had been 〈◊〉 to the book of Common-prâ—yer and Administration of the Sacramâ—nss as a member of it at least as an Appâ—â—dant to it and therefore by the Staâ—uâ—e 1 Eliz. c. â— was restored again together with the sâ—id boo◠〈◊〉 Common-prayer intentionally at the least if not in Terminis But 〈…〉 words in the said Statute were not clear enough to remove all doubâ—s they therefore did revive now and did accordingly enact That whatsoâ—veâ— had been done by vertue of that Ordination should be good in Law 〈…〉 the total of the Statute and this shews rather in my judgement thaâ— the Bishops of the Queens first times had too little of the Parliament in them then that they were conceived to have had too much And so I come to your laâ—t Objection which concerns the Parliament whose entertaining all occasions to manifest their power in Ecclesiasticall matâ—â—â—â— doth seeme to you to make that groundlesse slâ—nder of the Pâ—pists the more fair and plaâ—sible 'T is true indeed that many Members of both Houses in these latter Times have been â—een very ready to embrace all businesses which are offered to them out of a probable hope of drawing the managery of all Affairs as well Ecclesiastical as Civil into their own hands And some there are who being they cannot hope to have their fancies authorized in a regular way do put them upon such designs as neither can consist with the nature of Parliaments nor the authority of the King nor with the priviledges of the Clergy nor to say truth with
like to him of York also within the Sphere or Verge of his Jurisdiction Secondly that the nominating of the time and place for this Assembly was left to the Arch Bishops pleasure as seemed best unto him though for the most part and with reference unto themselves the other Pâ—elates who were bound to attend the service of the King in Parliament they caused these Meetings to be held at the time and place at and to which the Parliament was or had been called by the Kings Authority Thirdly That from the word Convocari used in the Writ the Synodical meetings of the Clergy were named Convocations And fourthly That the Clergy thus assembled in Convocation had not only a power of treating on and consenting unto such things as should be there propounded on the Kings behalf but a power also of concluding or not concluding on the same as they saw occasion Not that they were restrained only to such points as the King propounded or were proposed in his behalf to their câ—nsideration bâ—t that they were to handle to his businesse with their own wherein they had full power when once met together In the next place we must behold what the Archbishop did in pursuance of the Kings command for calling of the Clergy of his Province to a Convâ—cation who on the receipt of the Kings Writ presently issued out his Mandate to the Bâ—shâ—p of London Dâ—an by his placâ— of the whole Colledge of Bishops of that Province â—equiring him immediately on the sight hereof and of the 〈…〉 and included in it to cite and summon all the Bishops and other Prelates Deans Arch-Deacons and capitular Bodies with the whole Clergy of that Province that they the said Bishops Deans Arch-Deacons in their own persons the Capitular Bodies by one Procurator and the Clergy of each Diocess by two do appear before him at the time and place by him appointed and that those Procurators should be furnished with sufficient powers by those which sent them not only to treat upon such points as 〈…〉 England and to give their counsel in the same sed ad consentiendum â—is quae ibidem ex comâ—unâ— delibeâ—aâ—ione ad honorem Dei Ecclesiae in praemissis contigerint concorditer ordinari but also to consent both in their own names and in the names of those who sent them unto all such things as by mature deliberation and consent should be there ordained Which Mandate being received by the Bishop of London the several Bishops cited accordingly and intimaâ—ion given by those Bishops uâ—to their Arch-Deacons for summoning the Clergy to make choice of their Procurators as also the Chapters or capitular Bodies to do the like The next work is to proceed to the choice of those Procurators Which choice being made the said Chapters under their common seals and the said Clergy in a publick Writing subscribed by them do bind themselves sub Hypotheca omnium bonorum suorum under the pawn and forfeiture of all their goods moveable and immoveable I speak the very words of these publick Instruments se ratum graâ—um accepâ—um habere quicquid dicti Procuratores sui nomine vice suis fecerint c. To stand to and perform whatsoever their said Procurators in their name and stead shall do determine and consent to The like is also done in the Province of York but that the Arch-B. thereof sends out the summons in his own name to the suffragan Bishâ—ps the Province being small and the Suffragans not above three in number Finally as the Convocations of the Clergy in their several Provinces were called by the Arch-Bishops only the Kings Writ thereunto requiring and authorizing so by the same powers were they also dissolved again when they had done the business they were called about or did desire to be dismissed to their own affairs At which time by special Writ or Mandates to the said Arch-Bishops expressing the calling and assembling of the Convocation by veâ—tue of the former Precâ—pt it is declared That on certain urgent causes and considerations moving his Majesty thereunto he thought fit with the advice of his privie Councel that the same should be again dissolved Et ideo vobis mandamus quod eandem praesentem Convocationem hac instanti die debito modâ— sine ulla dilatione dissolvatis sive dissolvi faciatis prout convenit and therefore did command them to dissolve it or cause the same to be dissolved in the accustomed manner without delay Which Writ received and not before the Convocation was dissolved accordingly and so it holds in Law and practise to this very day I have the longer staid on these publick Formes partly because not obvious unto every eye but specially to let you see by what Authority the Clergy are to be assembled in their Convocations and what it is which makes their Canons and Conclusions binding unto all those which send them thither or intrust them there Their calling by the Kings Authority makes their meeting lawful which else were liable to exceptions and disputes in Law and possibly might render them obnoxious to some grievous penalties and so would their continuance too after the writ was issued for their Dissolution As on the contrary their breaking or dissolving of their own accord would make them guilty of contempt and consequently subject to the Kings displeasure for being called by the Kings Writ they are to continue till dissolved by the Kings Writ also notwithstanding the dissolving of the Parliament with which sometimes it might be summoned And so it was resolved in terminis by the chief â—udges of the Realm and others of his Mâ—jesties Counsel learned May 10. anno 1640. at such time as the Convocations did continue sitting the Parliament being most unhappily dissolved on the Tuesday before subscribed by Finch Lord Keeper of the Great Seal Manchester then Lord privy Seal Littleton chief â—ustice of the Common-pleaâ— Banâ—es Atturney General Whitfield and Heath his Majesties Sergeants Authority enough for the poor Clergy to proceed on though much condemned and maligned for obedience to it Now as they have the Kings Authority not only for their Meeting but continuance also so also have they all the power of the whole National Clergy of England to make good whatsoever they conclude upon the Arch-Bishops Deans Arch-Deacons acting in their own capacities the Procurators in the naâ—e and by the power committed to them both by the Chapters or capitular Bodies and the Diocesâ—n Clergy of both Provinces And this they did by vertue of that power and trust alone without any ratification or confirmation from King of Parliament untill the 25 year of King Henry the 8. At which time they bound themselves by a Synodical Act whereof more hereafter not to enact promulge or â—xecute any Canons Constitutions or Ordinances Provincial in their Câ—nvocations for time coming unlesse the Kingâ— Highness by his Royal Assent command them to make promulge and execute the same accordingly Before this time
of their money which as it doth at large appear in the Records and Acts of the Convocation so it is touched upon in a Historical way in the Antiq. Britan. Mason de Minist. Anglic. and other Authors by whom it also doth appear that what was thus concluded on by the Clergy of the Province of Canterbury was also ratified and confirmed by the Convocation of the Province of York according to the usual custom save that they did not buy their pardon at so dear a râ—te This was the Leading Card to the Game that followed For on this ground were built the Statutes prohibiting all Appeales to Rome and for determining all Ecclesiastical suits and controversies within the Kingdoms 24 H. 8. c 12. That for the manner of electing and conseâ—rating of Arch-Bishops and Bishops 25 H. 8. c. 2â— and the prohibiting the payment of all Impositions to the Court of Rome and for obtaining all such dispensations from the See of Canterbury which formerly were procured from the Popes of Rome 25. H. 8. c. 21. Which last is built expresly upon this foundations That the King is the onely supream Head of the Church of England and was so recognized by the Prelates and Clergy representing the said Church in their Convocation And on the veâ—y same foundation was the Statute raised 26 H. 8. c. 1. wherein the King is declared to be the supream Head of the Church of England and to have 〈…〉 which were annexed unto that Title as by the Act it self doth at full appear Which Act being made I speak it from the Act it self onely for corroboration and confirmation of that which had been done in the Convocation did afterwards draw on the Statute for the Tenths and first fruiâ—s as the point incident to the Headship or supream Authority â—6 H. 8. c. 3. The second step to the Ejection of the Pope was the submission of the Clergy to the said King Henry whom they had recognizanced for their supream Head And this was first concluded on in the Convocation before it was proposed or agitated in the Houses of Parliament and was commended onely to the care of the Parliament that it might have the force of a Law by a civil Sanction The whole debaâ—e with all the traverses and emergent difficulties which appeared therein are specified at large in the Records of 〈◊〉 Anno 1532. But being you have not opportunity to consult those Records I shall prove it by the Act of Parliament called commonly The Act of submission of the Clergy but bearing this Title in the Abridgment of the Statutes set out by Poulton That the Clerâ—y in their Convocations shall enact no constitutions without the Kings assent In which it is premised for granted that the Clergy of the Realm of England had not onely acknowledged according to the Truth that the Convocation of the same Clergy is alwayes hath been and ought to be assembled alwayes by the Kings Writ but also submitting themselves to the Kings Majesty had prâ—mised in verbo Saceâ—dotis That they would never from henceforth presum to attempt allcadge claim or put in ure enact promulge or execute any new Canons Constitutions Ordinances provincial or other or by whatsoever other name they shall be called in the Convocation unless the Kings most Royal Assent may to them be had to make promulge and execute the same and that his Majesty do give his most Royall Assent and Authority in that behalf Upon which ground-work of the Clergies the Parliament shortly after built this superstructure to the same effect viz. That none of the said Clergy from thenceforth should presume to attempt alleadge claâ—m or put inâ—ure any Constitutions or Ordinances Provincial or Synodals or any other Canons nor shall enact promulge or execute any such Canonâ— Constitutions or Ordinances Provincâ—sâ— by whatsoever name or names they may be called in their Convocations in time coming which alwayes shall be assembled by the Kings Writ unless the same Clergy may have the Kings in st Royal Assent and Licence to make promulge and execute such Canons Constitutions and Ordinances Provincial or Synodical upon pain of every one of the said Clergy doing the contrary to this Act and thereof convicted to suffer imprisonment and make fine at the Kings Will 25 H. 8. c. 19. So that the statute in effect is no more then this an Act to binde the Clergy to perform their promise to keep them fast unto their word for the time to come that no new Canon should be made in the times succeeding in the favour of the Pope or by his Authority or to the diminution of the Kings Râ—yal Preâ—ogative or contrary to the Iuwes and statutes of this Realm of England at many Papal Constitutions were in the former Ages Which statute I desire you to take notice of because it is the Rule and Measure of the Churches power in making Canons Constitutions or whatsoever else you shall please to call them in their Convocations The third and small Act conducing to the Popes Ejection was an Act of Parliament 28. H. 8. c. 10. entitâ—led An Act exâ—inguishing the 〈◊〉 of the Bishop of Rome By which it was enacted That if any person should extoll the Authority of the Bishop of Rome he should incur the penalty of a praeminire that every Officer both Ecclesiastical and Lay should be sworn to renounce the said Bishop and his Authority and to resist it to his power and to repute any Oath formerly taken in maintenance of the said Bishop or his Authority to be void and finally that the refusal of the said Oath should bejudged High Treason But this was also usher'd in by the determination first and after by the practice of all the Clergy For in the year 1534 which was two yeares before the passing of this Act the King had sent this Proposition to be agitated in both Vniversities and in the greatest and most famous Monasteries of the kingdom that is to say 〈…〉 Romans dejure competat plusquam alii cujamque Episcoâ—o extero By whom it was determined Negatively that the Bishop of Rome had no more power of right in the Kingdom of England than any other forreign Bishop Which being testified and returned under the hands and seales respectively the Originals whereof are still remaining in the Library of Sr Robert Cotton was a good preamble to the Bishops and the rest of the Clergy assembled in their Convocation to conclude the like And so accordingly they did and made an Instrument thereof subscribed by the hands of all the Bishops and others of the Clergy and afterwards confirmed the same by their corporal Oaths The copies of which Oaths and Instrument you shal finde in Foxes Acts and Monuments Vol. 2. fol. 1203. and fol. 1210 1211. of the Edition of Iohn Day Anno 1570. And this was semblably the ground of a following statute 35 H. 8. c. 1. wherein another Oath was devised and ratified to be imposed upon the Subject for
whatsoever Unlesse he meanes upon the post-fact after the Church hath done her part in determining what was true what false what new what ancient and finally what Doctrines might be counted counterfeit and what sincere And as for Law 't is true indeed that by the Statute 1 Eliz. cap. 1. The Court of Parliament hath power to determine and judge of Heresie which at first sight seems somewhat strange but on the second view you will easily finde that this relates onely to new and emergent Heresies not formerly declared for such in any of the first four General Councels nor in any other General Councel adjudging by express words of holy Scripture as also that in such new Heresies the following words restrain this power to the Assent of the Clergy in their Convocation as being best able to instruct the Parliament what they are to do and where they are to make use of the secular sword for cutting off a desperate Hâ—retick from the Church of CHRIST or rather from the body of all Christian people 5 Of the Reformation of the church of England in the Formes of Worship and the Times appointed thereunto THis rub removed we now proceed unto a view of such Formes of Worship as have been setled in this Church since the first dawning of the day of Reformation in which our Parliaments have indeed done somewhat though it be not much The first point which was altered in the publike Liturgies was that the Creed the Pater-â—â—ster and the Ten Commandements were ordered to be said in the English Tongue to the intent the people might be perfect in them and learn them without book as our phrase is The next the setting forth and using of the English Letany on such dayes and times in which it was accustomably to be read as a part of the service But neither of these two was done by Parliament nay to say truth the Parliament did nothing in them All which was done in either of them was onely by the Kings Authority by vertue of the Headship or Supremacy which by way of recognition was vested in him by the Clergy either co-operating and concurring with them in their Convocations or else directed and assisted by such learned Prelates with whom he did advise in matters which concerned the Church and did relate to Reformation By vertue of which Headship or Supremacy he ordained the first and to that end caused certain Articles or Injunctions to be published by the Lord Cromwel then his Vicar General Anno 1536. And by the same did he give order for the second I mean for the saying of the Letany in the English Tongue by his own Royal Proclamation Anno 1545. For which consult the Acts and Monuments fol. 1248 1312. But these were only preparations to a greater work which was reserved unto the times of K. Edw. 6. In the beginning of whose Reign there passed a statute for the administring the Sacrament in both kindes to any person that should devoutly and humbly desire the same 1. E. 6. c. 1. In which it is to be observed that though the statute do declare that the ministring of the same in both kinds to the people was more agreeable to the first Iâ—stitution of the said Sacrament and to the common usage of the primitive Times Yet Mr. Fâ—x assures us and we may take his word that they did build that Declaration and consequently the Act which was raised upon it upon the judgment and opinion of the best learned men whose resolution and advice they followed in it fol. 1489. And for the Form by which the said most blessed Sacrament was to be delivered to the common people it was commended to the care of the most grave and learned Bishops and others assembled by the King at His Câ—stle of Windsor who upon long wise learned and deliberate advice did finally agree saith Fox upon one godly and uniform Order for receiving of the same according to the right rule of Scriptures and the first use of the primitive Church fol. 1491. Which Order as it was set forth in print Anno 1548. with a Proclamation in the name of the King to give authority thereunto amongst the people so was it recommended by especial Letters 〈◊〉 unto every Bishop severally from the Lords of the Councel to see the same put in execution A copy of which Letters you may finde in Fox fol. 1491. as afore is said Hitherto nothing done by Parliament in the Formes of Worship but in the following year there was For the Protector and the rest of the Kings Councel being fully bent for a Reformation thought it expedient that one uniform quiet and godly Order should be had thoroughout the Realm for Officiating Gods divine Service And to that end I use the words of the Act it self appointed the Archbishop of Canterbury and certain of the most learned and discreet Bishops and other learned men of the Realm to meet together requiring them that having aswel eye and respect to the most pure and sincere Christian Religion taught in Scriptures as to the usages in the Primitive Church they should draw and make one convenient and meet Oâ—der â—ite and fashion of Common Prayer and Administration of Sacraments to be had and used in this his Majesties Realm of England Well what did they being thus assembled that the Statute tels us Where it is said that by the aid of the Holy Ghost I pray you mark this well and with one uniform agreement they did conclude upon and set forth an Order which they delivered to the Kings Higness in a Book entituled The Book of Common Prayer and Administration of the Sacraments and other â—ites and Ceremonies of the Church after the use of the Church of England All this was done before the Parliament did any thing But what was done by them at last Why first considering the most godly travail of the Kings Highness and the Lord Protector and others of his Highness Councel in gathering together the said B. and learned men Secondly the Godly prayers Orders Rites and Ceremonies in the said Book mentioned Thirdly the motives and inducements which inclined the aforesaid learned men to alter those things which were altered and to retain those things which were retained And finally taking into consideration the honour of God and the great quietness which by the grace of God would ensue upon it they gave his Majesty most hearty and lowely thanks for the same and most humbly prayed him that it might be ordained by his Majesty with the assent of the Lords and Commons assembled in Parliament and by authority of the same that the said Form of Common-prayer and another after the Feast of Pentecost next following should be used in all his Majesties Dominions with several penalties to such as either should deprave or neglect the same 2. and 3. E. 6. cap. 1. So farre the very words of the Act it self By which it evidently appeareth that the two Houses of Parliament did nothing
but a Regular way Kings were not Kings if regulating the external parts of Gods publick worship according to the Platformes of the Primitive times should not be allowed them But yet the Kings of England had a further right as to this particular which is a power conferred upon them by the Clergy whether by way of Recognition or Concession I regard not hâ—re by which they did invest the King with a Supreme Auâ—hority not only of confirming their Synodical Acts not to be put in exâ—cution without his consent but in effect to devolve on him all that power which firmly they enjoyed in their own capacity And to this we have a paralled Case in the Roman Empire in which there had bâ—â—n once a time when the Supreme Majesty of the Sâ—ate was vested in the Senate and people of Rome till by the Law which they called Lex Regia they transferred all their Power on Caesar and the following Emperors Which Law being passed the Edicts of the Prince or Emperor was as strong and binding as the Senatus Consulta and the Plâ—bisâ—ita had been before Whence came that memorable Maxim in Iustinians Iustitutes that is to say Quod Principi placuerit legis habet vigâ—rem The like may be affirmâ—d of the Church of England immediately before and in the reign of K. Henry 8. The Clergy of this Realm had a Self-authority in all matters which concerned Religion and by their Canons and Determinations did binde all the subjects of what rank soever till by acknowledging that King for their supreme Head and by the Act of submission not long after follâ—wing they transferred that power upon the King and on his Successoâ—s By doâ—ng wherâ—of they did not only diâ—able themselves from concluding any thing in their Convocations or puâ—ting â—heir results into execution without his conâ—ent but put him into the actual pâ—ssession of that Authoriâ—y which properly beâ—onged to the supremacy or the supreme Head in as â—ull manner as 〈◊〉 the Pâ—pe of Rome or any dâ—lâ—gated by and under him did before enjoy it After which 〈◊〉 whatsoever the King or his Successors did in the Râ—formâ—tion as it had vertually the power of the Convocations so was it as effectual and goâ—d in law as if the Clergy in their Câ—nvocation particularly and in terminis had agreed upon it Not that the King or his Successors were hereby enabled to exercise the Kâ—iâ—s and determine Heresies much lesse to 〈◊〉 the Word â—nd administer the Sacramentâ— as the Papists â—alsly gave it out but as the Heads of the Ecclesiastical Body of this Realm to see that all the members of that Body 〈◊〉 perform their duties to rectifie what was found amisse amongst them to preserve peace between them on emergent differences to reform such errors and corruptions as are expresly contrary to the word of God and finally to give strength and motions to their Councels and Determinations tending to Edification and increase of Piety And though in most of their proceedingâ— toward Reformation the Kiâ—gs advised with such Bishops as they had about them or could assâ—mble without any great trouble or inconvenience to advise witâ—all yet was there no necâ—ssity that all or the greatest partâ— of the Bishops should be drawn together for that purpose no more then it was anciently in the Primitive Times for the godly Emperors to câ—ll together the most part of the Bishops in the Roman Empire for the â—stâ—blishing of the matters which comâ—erned the Church or for the godly Kings of Iudah to call together the greatest part of the Priests and Levites before they acted any thing in the Reformation of those corruptions and abuses which were crâ—pt in amongst them Which being so and then withâ—â—l considering as we ought to do that there was nothing aâ—tered here in the state of Râ—ligion till either the whole Clergy in their 〈…〉 the Bâ—shops and most eminent Church-men had resolved upon it our Religion is no more to be called a Regal then a Parliament-Gospel 6 That the Clergy lost not any of their just Rights by the Act of Submission and the pâ—wer of calling and confirming Councels did anciently belong to the Christian Princes If you conceive that by ascribing to the King the Supreme Authority taking him for their Supreme Head and by the Act of Submission which ensued upon it the Clergy did unwittingly ensnare themselves and drew a Vasâ—allage on these of the times succeeding inconsistent with their native Rights and contrary to the usage of the Primitive Church I hope it will be no hard matter to remove that scruple It 's true the Clergy in their Convocation can do nothing now but as their doings are confirmed by the Kings authority and I conceive it stands with reason as well as point of State that it should be so For since the two Houses of Parliament though called by the Kings Writ can conclude nothing which may binde either King or Subject in their Civil Rights untill it be made good by the Royal Assent so neither is it â—it nor safe that the Clergy should be able by their Constitutions and Synodical Acts to conclude both Prince and People in spiritual matters untill the stamp of Royal Authority be imprinted on them The Kings concurrence in this case devesteth not the Clergy of any lawful power which they ought to have but restrains them only in the exercise of some part thereof to make it more agreeable to Monarchical Government to accommodate it to the benefit both of Prince and People It 's true the Clergy of this Realm can neither meet in Convocation nor conclude any thing therein nor put in execution any thing which they have concluded but as they are enabled by the Kings authority But then it is as true withall that this is neither inconsistent with their native Rights nor contrary unto the usage of the Primitive Times And first it is not inconsistent with their native Rights it being a peculiar happinesse of the Church of England to be alwaies under the protection of Christian Kings by whose encouragement and example the Gospel was received in all parts of this Kingdome And iâ— you look into Sir Henry Spleman's Collection of the Saxon Councels I believe that you will hardly finde any Ecclesiastical Canons for the Government of the Church of England which were not either originally promulgated or after approved and allowed of either by the Supreme Monarch of all the Saxons or by some King or other of the several 〈◊〉 directing in their National or Provincial Synods And they enjoyed this Prerogative without any dispute after the Norman Conquest also till by degrees the Pope ingrossed it to himself as before was shewn and then conferred it upon such as were to exercise the same under his authority which plainly manifests that the Act of Suâ—mission so much spoke of was but a changing of their dependance from the Pope to the King from an usurped to a lawful power from one
to whom they had made themselves a kinde of voluntary slaves to him who justly challenged a natural dominion over them and secondly that that submission of theirs to their natural Prince is not to be considered as a new Concessiâ—n but as the Râ—cognition only of a former power In the next place I do not finde it to be contraâ—y to the usage of the primitive times I grant indeed that when the Church was under the command of the Heathen Emperorâ— the Clergy did assemble in their National and Provincial Synods of their own Authority which Councels being summoned by the Metropolitans and subscribed by the Clergy were of sufficient power to binde all good Christians who lived within the Verge of their Jurisdiction They could not else assemble upon any exigence of affaiâ—s but by such authority But it was otherwise when the Church came under the protection of Christian Princes all Emperors and Kings from Constantine the Great till the Pope carried all before him in the darker times accompting it one of the principal flowers as indeed it was which adorned their Dâ—adems I am not willing to beat â—n a common place But if you please to look into the Acts of ancient Councels you will finde that all the General Councels all which deserve to be so called if any of them do deserve it to have been summoned and confirmed by the Christian Emperors that the Câ—uncel of Arles was called and confirmed by the Emperor Constantine that of Sardis by Constans that of Lampsacus by Valentinian that of Aquiâ—eia by Theodosius that of Theâ—â—alâ—nica National or Provincial all by the Emperor Gratian that when the Western Empire fell into the hands of the French the Councels of Aâ—on Mentâ— Meldâ—n Wormes and Colen received both life and motion â—â—om Charles the Great and his Successors in that Empâ—re it being evident in the Records of the Gallican Church that the opening and confirming of all their Councels not only under the Caroline but under the Merovignean Family was alwaies by the power sometimes with the Presidence of their Kings and Princes as you may finde in the Collections of Lindebrogius and Sirmondus the Iesuite and finally that in Spain it self though now so much obnoxious to the Papal power the two at Bracara and the ten first holden at Toledo were summoned by the Writ and Mandate of the Kings thereof Or if you be not willing to take this pains I shall put you to a shorter and an easier search referring you for your better information in this particular to the learned Sermon preached by Bishop Andrewes at Hampton Court anno 1606. touching the Right and power of calling Assemblies or the right use of the Trumpets A Sermon preached purposely at that time and place for giving satisfaction in that point to Melvin and some leading men of the Scotish Puritans who of late times had arrogated to themselves an unlimited power of calling and constituting their Assemblies without the Kings consâ—nt and against his will As for the Vassallage which the Clergy are supposed to have drawn upon themselves by this Submission I see no fear or danger of it as long as the two Houses of Parliament are in like condition and that the Kings of England are so tender of their own Prerogative as not to suffer any one Body of the Subjects to give a Law unto the other without his consent That which is most insisted on for the proof hereof is the delegating of this power by King Henry the 8. to Sir Thomas Cromwell afterwards Earl of Essex and Lord high Chamberlain by the name of his Vicar General in Ecclesiastical matters who by that name pâ—esided in the Convocation anno 1536. and acted other things of like nature in the years next following And this especially his presiding in the Convocation is looked on both by Sanders and some Protestant Doctors not only as a great debasing of the English Clergie men very learned for those times but as deforme satis Spectacuâ—um a kâ—nde of Monstrosity in nature But certainly those men forget though I do not think my self bound to justifie all King Harrâ—es actions that in the Councell of Chaâ—â—â—don the Emperor apointed certain Noble-men to â—it as Judges whose names occurre in the first Action of that Councell The like we finde exemplified in the Ephesine Councell in which by the appointment of Theodâ—sius and Valentinian then Roman Empâ—rours Candidianus a Count Imperiall â—ate as Judge oâ— President who in the managing of that trust over acted any thing that Cromwell did or is objected to have been done by him as the Kings Commissioner For that he was to have the first place in those publick meetings as the Kings Commissioner or his Vicar-General which you will for I will neither trouble my self nor you with disputing Titles the very Scottish Presbyters the most rigid sticklers for their own pretended and but pretended Rights which the world affords do not stick to yeeld No vaâ—â—allage of the Clergy to be â—ound in this as little to be feared by their submission to the King as their Supreme Governour Thus Sir according to my promise and your expectation have I collected my Remembrances and represented them unto you in as good a fashion as my other troublesome affairs and the distractions of the time would give me leave and therein made you see 〈◊〉 my judgement fail not that neither our King or Parliaments have done more in matters which concern'd Religion and the Reformation of this Church then what hath formerly been done by the secular Powers in the best and happiest times of Christianity and consequently that the clamours of the Papists and Puritans both which have disturbed you are both false and groundlesse Which if it may be serviceable to your self or others whom the like doubts and prejudices have possessed or scrupled It is all I wish my studies and endevours aiming at no other end then to do all the service I can possibly to the Church of God to whose Graces and divine Protection you are most heartily commended in our Lord and Saviour Iesus Christ By Sir Your most affectionate friend to serve you Peter Heylyn