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
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
Articles of Religion and enjoyning subscription thereunto under penalties losse of Benefices and other Ecclesiasticall penalties Limiting likewise the age of such who are to be made Ministers ch 17. Concerning the Leases of Benefices and Ecclesiasticall livings with Cure 18. Eliz. c. 6. Concerning the taking away of Clergy c. 23 Eliz. c. 1. To retain the Queens Majesties subjects in their due obedience made against Jesuits Semenary Priests and others receiving Orders from Rome and the harbourers of them under capitall penalties 27. Eliz. c. 2. Against Jesuits Seminary Priests and such other disobedient persons 29. Eliz. c. 6. Concerning Recusants 31. Eliz. c. 1. Against Symony 35 Eliz. c. 1. Against Seperatists and Schismaticks refusing conformity to our Church Service and Liturgie who are lyable to imprisonment fines and other penalties for it by the Law ch 2. For restraining Popish Recusants to some certaine plate of abode 29 Eliz. c. 8. For confirmation of the Deprivation of divers Bishops and Deanes in the beginning of the Queens Raigne ch 22. Concerning the Bishop of Norwich are plentifull evidences of what I plead for In King James his Raigne I finde many Acts of Parliament asserting the Kings and Parliaments Ecclesiasticall jurisdictions as 1 Jacobi c. 1â— Concerning the Kings Title to the Crowne ch 2. Concerning Archbishopricks and Bishopricks ch 5. For the due execution of the Statutes against Jesuites Seminary Priests Recusants ch 12. Against second marriages till former wives or husbands bee dead ch 31. For building a new Church in Melcombe Regis to be the Parish Church of Radepoll and for making the Church of Radepoll a Chappell to it 3 Jacobi c. 3. for a publick thanksgiving to Almighty God every yeare on the fift day of November for the deliverance from the hellish Gunpowder treason ch 4. For the better discovering and suppressing of Popish Recusants which prescribes a new oath of Allegiance ch 5. To prevent and avoyd danger which may grow by Popish Recusants which likewise prohibits the Importations of any Popish Books Agnus Dei Crucifixes c. ch 20. To restraine abuses of Players 21. Jacobi ch 17. Against Usury ch 20. To prevent and reforme prophane swearing and cursing The Statutes in King Charles his Raigne are punctuall evidences of the Soveraign Ecclesiasticall jurisdiction of our Kings Parliaments in all which we find not onely severall Committees appointed concerning Religion frequent in all Queene Elizabeths and King James their Parliaments but also sundry Statutes concerning Religion and Church-matters as namely 1 Carols c. 1. For punishing divers abuses committed on the Lords day 3 Caroli c. 1. For further reformation of divers abuses on the Lords day ch 2. To restraine the passing or sending of any to be Popishly bred beyond the Seas But the severall Acts Ordinances and Proceedings of this present Parliament concerning all matters of Religion Church government and Ecclesiasticall affaires are presidents beyond all exception The Acts already passed For suppressing the High-Commission disabling any Clergy-man to meddle with any temporall offices or to be Justices of Peace The taking away of Bishops Votes and their sitting in the House of Peers The severall Acts Votes Ordinances which have passed both House for abolishing all new Canons Plaralities Non-residence punishing of scandalous Ministers Sanctifying the Lords day Keeping of Monethly and other Fasts Celebrating speciall dayes of thanksgiving for sundry Discoveries Victories Prohibiting the printing of erroneous books Suppressing Antinomians Socinians Anabaptists and other Sectaries Abolishing all Innovations Superstitions Idolatreus pictures Images Altars Copes Tapers Royals c. Payment of Tythes Probate of Wills Ordination of Ministers and above all their nominating and convening an Assembly of conscientious pious reverend learned orthodox Divines to assist them in reforming all errors and corruptions in Doctrine Worship Government Discipline and establishing such a pure Worship and Church-government in our Realme as shal be most agreeable to Gods Word wherein they have made a large progresse already the Directory for Worship being now finished and we expect a full accomplishment of this much desired Worke ere long All these with infinite other particulars are a most satisfactory and unanswerable evidence of the Parliaments jurisdiction and Legislative power in all matters of Religion Worship Government Discipline and other Ecclesiasticall things or proceedings whatsoever none of which have ever been settled among us in any age in a legall and obligatory way but onely in and by Parliaments I shall close up these 〈◊〉 Domestick authorities with the Ordinance of both Houses of Parliament concerning the present Assembly of Divines wherein all may clearly discerne the jurisdiction of our Parliaments in all Church affaires matters of Religion and over the Assembly it selfe together with the Instructions or Ruled prescribed to the Assembly which they have punctually observed and submitted to not yet in print An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of learned and godly Divines and others to be consulted with by the Parliament for the setling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false uspertions and interpretations WHereas amongst the infinite blessings of Almighty God upon this Nation none is or can be more deate unto us then the purity of our Religion and for that as yet many things remaine in the Lyturgy Discipline and Government of the Church which doe necessarily require a further and more perfect reformation then as yet hath been attained And whereas it hath been declared and resolved by the Lords and Commons assmbled in Parliament that the present Church-Government by Archbishops Bishops their Chancellors Commissaries Deanes Deanes and Chapters Archdeacons and other Ecclesiasticall Officers depending upon the Hierarchy is evill and justly offensive and buâ—thensome to the Kingdome a great impediment to reformation and growth of Religion and very prejudicial to the state and government of this Kingdome and that therefore they are resolved that the same shall be taken away and that such a Government shall be setled in the Church as may be most agreeable to Gods holy Word and most apt to procure and preserve the peace of the Church at home and neerer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the doctrine of the Church of England from all false calumnies and aspersions It is thought fit and necessary to call an Assembly of learned godly and judicious Divines who together with some members of both the Houses of Parliament are to consult and advise of such matters and things touching the premises as shall be proposed unto them by both or either of the Houses of Parliament and to give their advice and counsell therein to both or either of the said Houses when and as often as they shall be thereunto requited Be it therefore ordained by
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
' inchoat ' 1. Decem. 1384. contin ' ad diem Lunae prox ' post festum corp ' Christi Convocat ' inchoat ' 6. Novem. 1385. contin ' ad 7. diem Decem. An. praedict Convocat ' inchoat ' 5. Novem. 1386. contin ' ad 3. diem Decem. An. praedict Convocat ' inchoat ' 26. Febr. 1387. contin ' ad 4. diem Martii sequent Convocat ' inchoat ' 17. Octob. 1388. contin ' ad 22. diem Octob. praedict Convocat ' inchoat ' 17. Apr. 1391. contin ' ad 21. diem Apr. praedict Convocat ' inchoat ' 5. die Febr. 1394. contin ' ad 18. diem ejusdem mensis Convocat ' inchoat ' 6. Maii An. Dom. 1460. contin ' ad 15. diem Julii An. praedict Convocat ' inchoat ' 6. Julii An. Dom. 1463. contin ' ad 18. diem Julii praedict Convocat ' inchoat ' 21. Martii 1480. contin ' ad 15. diem Novem. 1481. Convocat ' inchoat ' 13. Febr. 1486. contin ' ad 27. diem Febr. praedict Convocat ' inchoat ' 14. Iaâ—â—ar 1487. contin ' ad 27. diem Febr. praedict The Presidents since these being more obvious and infinite I pretermit Indeed I finde some Convocations and Synods summoned without any speciall Writs yet extant which perchance are lost however though they were summoned without speciall Writs yet it was alwayes by the Kings licence priviâ—â— and assistance first obtained or by former adjournments and not by virtue of any summons from the Pope Arch-bishop of Canterbury or any other Prelates without or against the Kings command as some of the ensuing Presidents manifest in direct termes Convocatio inchoata absque brevi mense Julii An. Dom. 1295. Convocatio inchoata absque brevi die alia dominica qua cantabatur officium laetare eodem Anno. Convocat ' inchoat ' absque brevi die S. Hillarii An. Dom. 1297. Alia absque brevi pro defensione Ecclesiae cont ' Scotos die S. Edmundi Regis eodem Anno. Convocat ' inchoat ' ad instantiam Regis regressi à Flandriae inchoat ' festo Nativ ' S. Johannis Baptistae An. Dom. 1298. Convocat ' Concilii provincialis absque brevi inchoat ' 16. Maii An. Dom. 1356. Convocat ' Cleri Provinciae Cant ' ad supplicationem dom Reg. inchoat ' die Mercurii proxim ' post dominicam qua cantatur officium misericordia Domini in Ecclesia S. Brigittae Londin An. Dom. 1356. Convocat ' inchoat ' absque brevi die Jovis prox post festum S. Georgii Martyris 24. April An. Dom. 1371. Convocat ' inchoat ' absque brevi 1. die Decemb. An. Dom. 1373. Convocat ' inchoat ' absque brevi 8. Febr. An. 1576. Convocat ' inchoat ' absque brevi 5. Novemb. An. Dom. 1377. Convocat ' inchoat ' absque brevi 9. Maii. 1379. Convocat ' inchoat ' absque brevi die Sabbat proxim ' post festum Purificationis S. Mariae Virginis An. Dom. 1379. Convocat ' inchoat ' absque brevi 1. Decemb. An. Dom. 1380. Since this time I finde no Synod Councell or Convocation ever summoned or assembled but by the Kings speciall Writs yet extant among our Records the particularizing whereof being superfluous I shall here omit Secondly our Acts of Parliament expresly resolve that our Convocations Synods Councels ought to be summoned onely by the Kings Writ Hence the Statute of 8. H. 6. c. 1. recites That all the Clergie are to be called to the Convocation by the Kings Writ and thereupon enacts That they and their servants shall for ever hereafter fully use and enjoy such liberties and defence in comming going and tarrying as the great men and Commonalty of England called to the Kings Parliament doe enjoy Hence the whole Clergie of England in their submission in Parliament 25. H. 8. c. 19. 27. H. 8. c. 15. made this acknowledgment Whereas the Kings humble and obedient subjects the Clergie of the Realme of England have acknowledged according to truth THAT THE CONVOCATION OF THE SAME CLERGY IS ALWAYES HATH BEEN AND OUGHT TO BE ASSEMBLED ONLY BY THE KINGS WRIT c. And thereupon these Statutes among other things enact according to this submission and Petition of the said Clergie that they ne any of them from henceforth should make promulge or execute any new Canons c. in their Convocations in times comming which ALWAYES SHALL BE ASSEMBLED BY AUTHORITY OF THE KINGS WRIT c. A cleare confession and resolution that Councels Synods and Convocations here in England alwaies have been are and for ever hereafter ought to be called and summoned not by the Popes or Prelates authority and citations but by the Kings royall authoritie and Writ Hence the English Clergie in most Bills of their Subsidies since as in 27. Eliz. c. 28. 29. Eliz. The Act of one Subsidie granted by the Clergie 31. Eliz. c. 14. 35. Eliz. c. 12. 39. Eliz. c. 26. 43. Eliz. c. 17. 3. Jacobi c. 25. 7. Jacobi c. 22. 21. Jacobi c. 32. 1. Caroli c. 1. 3. Caroli c. 6. have inserted this clause in the prologue of their Subsidies Vestrae serenissimae regiae Majestati or sublimitati per praesens publicum instrumentum sive has literas nostras testimoniales significamus notum facimus quod Praelati Clerus nostrae Cantuariensis Provinciae IN SACRA SYNODO PROVINCIALI SIVE CONVOCATIONE VIGORE ET AVTORITATE BREVIS REGII VESTRI IN EA PARTE NOBIS DIRECTI in domo capitulari ECCLESIAE VESTRAE CATHEDRALIS divi Pauli London vicesimo quarto die mensis Novembris Anno Dom. c. inchoata celebrata to testifie that their Synods Convocations are and ought to be summoned and held only by virtue and authoritie of the Kings Royall Writ and why not then their Visitations being in truth Convocations and Synods Thirdly the whole Church of England in the 39. Articles of Religion ratified by Parliament and all Clergy-mens subscriptions to them as also by our present Soveraigns Declaration prefixt before them Anno 1628. Artic. 21. and the whole Church of Ireland in their Articles of Religion Anno 1615. Artic. 76. unanimously resolve as an Article of Religion not to be questioned That generall Councels and by the selfe-same reason Nationall and Provinciall may not be gathered together by Popes Prelates or any other persons without the Commandement or will of Princes Therefore the sole right of summoning them belongs not to Popes or Prelates but to Princes and other supreme temporall Magistrates And as these Articles so the learned Writers of our Church as incomparable Bishop Jewell in the defence of the Apologie of the Church of England part 1. c. 9. Divis 1. p 52 54. part 6. c. 12. Divis 2. p. 58â— to 592. Reply to Master Hardings answer Artic. 4. Divis 19. and 26. p. 193. 212 213 214. Bishop Alley in his poore mans Library Tom. 2. Miscellanea Praelect 1. f. 18 19 20. Bishop Bilson in his true difference between Christian subjection unchristian rebellion passim Doctor William Whittakers
such Canons Orders Ordinances and Constitutions as they shall thinke necessary fit and convenient for the honour and service of Almighty God and quiet of the Church and the better government therof c. And our present Soveraign King Charles in his Declaration printed before the 39. Articles of the Church of England made by the advise of so many of the Bishops as might conveniently be called twice printed by his speciall command An. 1628. resolves in these very words this point of his royall Prorogative derived from his Predecessors That We are supreame Governour of the Church of England and that If any difference arise about the externall policie concerning Iniunctions Canons or other Constitutions whatsoever thereto belonging the Clergy in their Convocation not the Bishops in their Consistories Visitations or high Commissions is to order and settle them having first obtained leave under Our broad Seale so to do and We approving their said Ordinances and Constitutions provided that none be made contrary to the Lawes and Customes of the Land What power our Kings have excercised in Convocations to direct and limit them in all their proceedings determinations Canons in former ages especially since 25. Hen. 8. c. 19. will appeare First by the forme of our Kings Writs for summoning a Convocation of which I shall give you onely one late president agreeing in forme and substance with all former Writs of this kinde CAROLVS Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Reverendissimo in Christo Patri ac fideli Conciliariâ— Nostro Gulielmo eadem gratia Cantur A chiepis totius Angliae Primati Metropolitano salutem Quibusdam arduis urgentibus negotiis Nos securitatem defensionem Ecclesiae Anglicanae ac pacem tranquilitatem bonum publicum Defensionem regni Nostri subditorum Nostrorum ejusdem concernentibus Vobis in fide dilectione quibus Nobis tenemini rogando mandamus quatenus remissis debito intuitu attentis ponderatis universos singulos Episcopos vestrae Provinciae ac Decanos Ecclesiarum Cathedralium nec non Archidiaconos Capitula Collegia totumque Cleâ—um cujuslibet diocesios ejusdem Provinciae ad comparendum coram vobis in Ecclesia Catholica sancti Pauli London decimoquarto die Aprilis proximè futuro vel alibi prout melius expedire videritis cum omni celeritate accommoda modo debito convocari facias ad tractandum consentiendum concludendum super premissis aliis quae tibi clarius exponentur tunc ibidem ex parte Nostra Et hoc sicut Nos Statum Regni Nostri ac honorem utilitatem Ecclesiae praedictae diligitis nulla tenus omittatis Teste meipso apud Westmonast vicesimo die Februarii Anno regni Nostri quintodecimo Secondly by the forme of the Kings royall License commonly granted to the Convocation before they may or can debate of any thing particularly the forme whereof you may discerne in this subjoyned directed to the last Convocation 1640. CHARLES By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas in and by one Act of Parliament made at Westminster in the five and twentieth year of the Raigne of King Henry the Eighth reciting That whereas the Kings humble and obedient Subjects the Clergie of this Realme of England had not onely knowledged according to the truth that the Convocation of the same Clergie were alwayes had bin and ought to bee assembled by the Kings Writ but also submitting themselves to the Kings Majesty had promised in verbo Sacerdotii that they would never from thenceforth presume to attempt alledge claime or put in uâ—e or enact promulge or execute any new Canons Constitutions Ordinances provinciall or other or by whatsoever other name they should bee called in the Convocation unlesse the said Kings most Royall assent and license might to them be had to make promulge and execute the same and that the said King did give his most Royall assent and authority in that behalfe It was therefore enacted by the authority of the sayd Parliament according to the said submission and Petition of the said Clergie amongst other things that they nor any of them from thenceforth should enact promulge or execute any such Canons Constitutions or Ordinances provinciall by whatsoever name or names they might be called in their Convocations in time comming which alwayes shall bee assembled by authority of the Kings Writ unlesse the same Clergie might have the Kings most Royall assent and license to make promulge and execute such Canons Constitutions and Ordinances provinciall or Synodall upon pain of every one of the said Clergie doing contrary to the said Act and being thereof convict to suffer imprisonment and make fine at the Kings will c. Know ye that We for divers urgent and waighty causes and considerations Vs thereunto especially moving of Our especiall Grace certaine knowledge and meere motion have by vertue of Our Prerogative Royall and supream authority in Causes Ecclesiasticall given and granted and by these presents do give and grant full free and lawfull liberty license power and authority unto the most Reverend Father in God William Lord Arch-Bishop of Canâ—terbury Primate of all England and Metropolitan President of this Convocation for the Province of Canterbury and to the rest of the Bishops of the same Province and to all Deans of Cathedrall Churches Archdeacons Chapters and Colledges and the whole Clergy of every severall Diocesse within the said Province that they or the greater number of them wherof the said President of the said Convocation to be alwayes one shall and may from time to time during our will and pleasure propose conferre treat debate consider consult and agree upon the exposition or alteration of any Canon or Canons now in force and of and upon such other new Canons Orders Ordinances and Constitutions as they the said Lord Arch-bishop of Canterbury President of the said Convocation and the rest of the said Bishops and other the Clergie of the same Province or the greater number of them wherof the sayd Lord Arch-bishop of Canterbury President of the said Convocation to be one shall thinke necessary fit and convenient for the honor and service of Almighty God the good and quiet of the Church and the better government thereof to be from time to time observed performed fulfilled and kept as well by the sayd Lord Arch-bishop of Canterbury the Bishops and their successors and the rest of the whole Clergy of the sayd Province of Canterbury in their severall callings offices Functions Ministeries degrees and administrations as also by all and every Deane of the Arches and other Iudges of the sayd Arch-bishops Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officialls Registers and all and every other Ecclesiasticall Officers and their inferiour ministers whatsoever of the same Province
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
by Parliament only THirdly As Bishops and Clergy-men have no power at all to summon Councells Synods or Convocations nor yet to treat or conclude of any Ecclesiasticall Canons or Constitutions in them c. without the speciall licences of Kings under their Great Seals authorizing them so I shall next manifest that when Councells or Synods have by vertue of their license agreed on and composed any such Articles Canons Constitutions Orders Ceremonies c. they cannot print publish promulge impose execute or put them in ure nor are they of any binding force or authority till they are approved ratified confirmed by Kings and Christian Princes Subscriptions Imperiall Edicts Patents Acts of State and Parliament and that most ancient Councells Synods were but Parliaments wherein Kings Nobles and Lay-men were present as well as Clergy-men This I shall manifest by some Presidents both abroad and at home in all ages To begin with Scripture Testimonies When all the whole Congregation of Israel assembled by the summons of Joshua had in their Convocation at Shechem made a Covenant Ordinance and Statute that they would serve the Lord and obey his voyce Joshua being then their chiefe Governour confirmed the same by writing it in the Book of the Law of God and erecting a great stone in the place for a witnesse thereof When the Princes and all the Congregation in Jerusalem assembled by King Hezechiah had took counsell together and concluded to keep the Passeover in the second Moneth because they could not doe it on the first the King established their Decree by his Proclamation and Letters When the Jewes upon Mordecai his Letter to them had in a publike Convocation ordained and took upon them and their seed to keep the feast of Purim throughout every generation family province and city in remembrance of their great deliverance from Hamans conspiracy against them Queene Esther and Mordecai wrote with all authority and confirmed this Feast and Decree by their Letters the Decree of Esther Yea we read that when the Presidents Governours Princes Counsellours and Captains of King Darius to entrap Daniel moved him to establish a royall Statute and make a firme Decree that whosoever should aske a petition of any god or man for thirty dayes save of the King hee should bee cast into the Lyons denne they brought this Decree to Darius to establish and signe that it should not bee changed requesting him to signe it who did it accordingly else it had not been obligatory And wee likewise find in Scripture that when as the King of Nineveh and his great men upon Jonah his preaching had made a Decree for a publike Fast the King confirmed and published it to bee observed by his Proclamation To come to Councells under Christian Princes and Emperours The first famous Synod of Nice with the Constitutions Canons and Decrees therein compiled were confirmed by the Imperiall Edicts of Constantine the Great who sate President in it Edictum quod quidem pondus habebat autoritatem cum hac Epistola Imperator in singulas misit Civitates writes Eusebius Who records further of him That hee confirmed and consigned by his authority the Canons made by Bishops in publike Councells that so it might not bee lawfull for the Princes of other Nations to abrogate the things which were decreed by them Which had been invalid without his Imperiall confirmation The Councell kept at Rome under Pope Sylvester was confirmed by the subscription of Constantine and Helena his mother The second generall Councell of Constantinople after they had finished their Decrees and Canons sent them with this Epistle to Theodosius the Elder desiring him to ratifie them In the beginning verily of our writing to your Piety wee give thanks to God who hath constituted the government of your Majesty for the common peace of the Churches and the CONFIRMATION of the true Faith But giving God due thanks wee likewise referre to your Majesty those necessary things which are acted in the sacred Councell to wit that from the time wee assembled at Constantinople by your Majesties command wee have first of all renued our mutuall concord between us and after this we have prescribed and pronounced as it were certaine Conclusions or Canons in which we have confirmed and approved the faith of the Fathers assembled at Nice and have rejected with extreme execration and detestation the preverse heresies and wicked opinions which have sprung up against it Moreover also for the right setling and ordering of the state and discipline of the Churches wee have enacted and prescribed certaine Canons all which wee have annexed to this our Writing Wee therefore beseech your Clemency VT PER LITERAS TVAE PIET ATIS RATVM ESSE IVBEAS CONFIRMES QVE CONCILII DECRETVM that by your Majesties Letters you would command the Decree of the Councell to bee ratified and confirme the same and as you have honoured the Church with those Letters by which you have called us together so you would likewise CORROBORATE WITH YOVR DECREE AND SEALE THE SVMME AND CONCLVSION OF THOSE THINGS WHICH ARE DECREED And hereupon writes Nicephorus CONSTITVTIONE QVO QVE IMPERATOR SANXIT the Emperour enacted by his Constitution that the authority of the Nicene Creed should bee firme and perpetuall and that all Churches in all places should bee committed to those who professed one Divinity of the Father Son and holy Ghost in the subsistence of three Persons of the same honour and glory And likewise made a Law that those who abhered from the profession of this faith should not keep any Ecclesiasticall assemblies nor should not presume thenceforth to preach concerning the Faith nor have power to elect or consecrate any one that they should bee banished out of the City and Country fined and have no communion with other Citizens c. Which Edicts of his are Registred verbatim by Justinian The Synod of Ancyra sent Legates to Constantius informing him that Eudoxius did study to deprave the Faith requesting him TO CONFIRME THOSE THINGS which were decreed at Sardice Syrnium and in other Synods So the Catholike Bishops in the Councell of Ariminum write to the same Constantius beseeching him to heare their Orators who should declare unto him the Sentence of that their Councell in writing and not to permit any innovation or change but to suffer them to rest in those things which were lawfully defined and decreed by their Ancestors and that nothing might be added to or detracted from their Constitutions but that they all might remaine untouched and intire as they were preserved by the piety of his Father till that time The Councell of Africk Can. 25. to 32 34 42 51 59 60. and the Bishops therein assembled make divers petitions and requests to the Emperor Honorius and the temporall Judges and Magistrates to reforme Idolatry suppresse the Donatists and reform many abuses by them complained of by their Lawes and
generall Councell of Constantinople was confirmed by the Subscriptions of the Emperors Basilius Constantine and Leo whose Princes and Nobles were present and sate as chiefe Directors and Judges in it And at the close of the Councell Basilius himselfe there present demanded of the Synod if they all consented to the Acts and Decrees of this Councell and whether any of them did stick or doubt of any of them whereto they replyed Omnibus placent quae lecta sunt Omnes eisdem ipsis concordamus omnes ita praedicamus omnes concinentes consentientes prompte subscribimus After which they all subscribed and then the Emperors in the last place subscribed in this manner Basilius Constantinus Leo perpetni Augusti in Christo Deo sideles Principes Romanorum magni Imperatores sanctam hanc universalem Synodum SVSCIPIENTES ET OMNIBVS QVAE AB IPSIS DEFINITA ET SCRIPTA SVNT CONCORD ANTES SVBSCRIPSIMVS MANV PROPRIA In the Councell of Friburg Anno 895. Arnulphus the Emperor sate chiefe President In which were present not onely Bishops and Abbats but likewise all the Princes and Nobles of the Empire with innumerable troops of Clergy-men and Lay-men who all confirmed the Acts and Decrees thereof with their Subscriptions Haec Subscriptio sacro-sanctae venerabili professione condigna responsione innumerabilium circumstantium Presbyterorum ac Diaconorum necnon NOBILIVM LAICORVM CONFIRMATA ET LAVDABILITER APPROBATA as Surius relates it In the great Councell of Constance the King of Romanes in his Imperiall Robes sate as President accompanied with his Nobles with the Ambassadors and Orators of all Nations who had voyces in that Councell and confirmed the Acts and Sessions thereof both with their Suffrages and Subscriptions Yea Sigismund King of Romanes upon the Petition of the Councell by his Letters Patents and Proclamations under his Seale tooke upon him the patronage and protection of the whole Councell and their Actions and justified and ratified all their Proceedings as the Fourteenth Session manifests and sundry Passages in that Councell prove at large In the Councell of Basil not onely divers Ambassadors and Nobles were present but likewise Sigismund King of Romanes Hungary and Bohemia tooke the said Councell into his Protection against Pope Eugenius the Fourth the Councell likewise protecting him and vacating all the Proces and Proceedings of the Pope against him and William Duke of Bavaria another of their Protectors Yea the Decrees of this Councell were made Assistente Domine Imperatore in habitu Imperiali by the assistance of the Emperor who sate in that Councell in his Imperiall Robes and confirmed the Acts and Decrees thereof with his golden Bulls and Edicts In this Councell many Epistles of the Emperor and other great Princes both ordering and ratifying their Proceedings and Decrees which were read publikely yea the Determinations and Constitutions both of the Councels of Constance and Basil were ratified by King Lewes of France by Act of Parliament 25. Januarij Anno 1475. and after that by another Act of Parliament at Paris 25. Junij Anno 1512. and by them enjoyned to bee strictly observed both which Acts are recorded at large by Bochellus where hee who listeth may peruse them In the Councell of Ferrara Joannes Palaeologus Emperor of Constantinople sate as chiefe President and divers Nobles with him yea hee swayed and directed most things in it and most that spake therein directed their Speeches to him as every Page almost of the Acts of that Councell and every Session manifest speaking and disputing Impetrata priùs ab Imperatore facultate dicendi Imperatoris jussu Si Serenissimo Imperatori placuerit ea nunc libenter aggrediar Imperator Serenissime vobis dico Mitissimi Imperatoris jussu Orationem nostram prosequemur Imperator Quisnam est Autor hujus voluminis And. Hermeus Imper. Estne rationi congruum â—t in Synodo historiae innitantur And. Ad cognoscendum res gestas Serenissime Imperator Historia uti debemus Imp. Historiam illam in nostra Religione debemus suscipere quam majores nostri probaverunt aliam verò minimè And. De Romanorum aut Graecorum aut Regum bello Historia Mitissime Imperator in Synodo nequaquam uti debemus c. Sed ut lubet Humanissime Imperator omissis his unde digressi sumus revertamur Imper. Dicat Cardinalis Imperator jussit ut dissertores electi negocium prosequerentur Ephesius Imperatoris jussu longam Orationem habuit Consentiente Imperatore c. This Councell being adjourned to Florence Julius the Cardinall there began it with this Oration Quoniam Imperator Mitissime c. after which followes a large Dialogue in open Councell between him and the Emperor in the close whereof Imperatorem rogarunt c. Cui quidem sententiae Imperator acquiescens voluit ut statim disputatores ipsos seligerent c. In the 22. Session of this Councell the Emperor oft times speakes Haec ad propositum nequaquam spectare videntur c. Vt tibi Pater Ephesius morem gereret huic questioni P. R. respondit Verum in posterum ne verbum quidem de ea faciet quandoquidem non tot de causis huc convenimus De proposita Questione necesse est in praesentia disputare de hac verò forsan alias Ita quoque Nobis videtur De hac Questione suo loco videbimus Session 23. John the Popes Disputant saith Superiori Sessione Imperatoris Serenissimi jussu convenimus Non ego sed Serenissimus Imperator tibi legem imponere potest saith hee to Marcus The Emperor in this Session spake oft and gave the rule of the Synod and commanded another Session to be held Jussit ut iterum Sessio haberetur And in the last Session hee orders all and rules the Rost among his Greciaus brings them to a unity with the Westerne Churches concerning the point of the Procession of the Holy Ghost both from the Father and the Sonne hee informes them that hee being by Gods grace their Emperor after the custome of his Predecessors would rest satisfied with the Determination of this Councell and what it or the major part of it should conclude hee would to the uttermost of his Imperiall power ratifie and defend But saith hee I will not bee constrained by the Latines to adde any thing to our Sacred Creed or to change any of the Ceremonies of our Church And when the Greeks and Latines had accorded and drawn up Letters of union both in Greek and Latine to which both parties should subscribe this Emperor first of all for his party subscribed in this manner Ego Joannes Palaeologus fidelis in Christo Rex Imperator Romanorum subscripsi And five Letters of Union being thus subscribed by him and the whole Synod they were further ratified by the Popes and Emperors Seales In the first Session of this great Councell of Ferrara the Pope would have placed the Emperor with his
Greeks on the left hand the Latine Clergy on the right and himselfe would have sate in the midst but the Emperor withstood it saying Locum ipsum sibi potiùs 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
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
his temporalities goods Chattels seised into the Kings hands Who yet would not yeeld but pronounced them all excommunicate who disobeyed the former constitution which being made onely by the Clergy and not ratified by King and Parliament was held but a meere idle nullity and audacious disobedient attempt obliging neither King nor subject Anno 1418. A Provinciall Synod was held at London under Henry Chichely Archbishop of Canterbury Where upon the motion of Robert Guilbert President of Merton Colledge in Oxford and of Thomas Kington it was decreed That the Patrons of Ecclesiasticall benefices when they fell voyd should conferre them upon such who were Graduates in the Universities having a respect of their degree and profession according to the value of the living This Constitution being propounded in the Congregation in the University to be there ratified the Masters of Arts Monks and Professors who exceeded the Regents of the University in multitude rejected and refused it but K. Henry the fifth being addicted to learning An. 1420. writ to the Synod then assembled at London wherein the Chancellors both of Oxford and Cambridge petitioned that it might be received though the Maisters of Art had refused to receive it to passe the Decree which some Friars there opposed Judge in Parliamento postea confirmavit and he afterwards confirmed the same in Parliament Loe here a Constitution first made in a Synod or Convocation rejected in both Vniversities because not then confirmed by the King in Parliament to make it binding and efficatious for future times a most pregnant evidence for proofe of that I now contend for To cite more presidents of this nature in former ages would be more tedious than necessary in so plaine a case I shall therefore passe from Councels and Synods to direct Acts of Parliament touching Religion and Church affaires As high as we have any Acts of Parliament since the Conquest remaining on Record We finde all Ecclesiasticall matters and Church affaires setled and ratified by speciall Acts of Parliament only not by the Clergies Canons The great Charter of England first granted by King Henry the first ratified afterwards at Runing-Mead by King John revived by King Henry the third in the ninth yeare of his Raigne confirmed frequently by him afterwards by King Edward the first in the 28th yeare of his Raigne yea by all or most of his successors in speciall Acts of Parliament by the Petition of Right 3. Caroli begins thus Know yee that we to the honour of Almighty God and for the salvation of the Soules of our Progenitors and Successors Kings of England to the advancement of holy Church c. First We have granted to God and by this our present Charter have confirmed for Vs and our Heires for ever more that the Church of England shall be free and have all her rights and liberties inviolable And that all her elections shall bee free c. An. 1164. In February there was a Parliament held at Clarindon by King Henry the 2d his command who was there present where all the Archbishops Bishops Abbotts Priors Earles Barons Nobles and great men of the Realm made a Recognition or Recerd of part of the Customes and Liberties of the Kings Ancestors to wit of King Henry the first and others which ought to be observed and kept by all men in the Realm by reason of the dissention and discords frequently emerging betweene the Clergy and the Kings Iustices and great men of the Realme the substance whereof was conteined in these 16. Chapters recorded by Matthew Paris 1. That if any controversie concerning the advowson and presentation of Churches should arise betweene Laymen or betweene Laymen and Clergie men it should bee heard and determined in the Court of our Lord the King 2. That the Churches of the Fee of our Lord the King could not bee given in perpetuity or appropiated without his grant or concession 3. That Clergiemen accused of any thing being summoned by the Kings Iustice should come into the Kings Court to answer the same there that so the Kings Court might determine what was to bee answered there and what fit to be answered in the Ecclesiasticall Court that so the Iustice might send into the Court of holy Church to see how the matter shall there be handled And if the Clarke shall be convict or confesse the crime that the Church from thenceforth ought not to protect him 4. That it shall not be lawfull to the Archbishops Bishops and persons of the Realme to goe out of the Realme without the Licence of our Lord the King and if they shall goe thence if it shall please the King they shall give him security that neither in going nor in returning nor in staying they shall procure hurt or dammage to our Lord the King or the Realme 5. That excommunicate persons ought not to give a pledge to remaine vadium ad remanentiam nor to take an Oath but onely to give a surety or pledge of standing to the judgment of the Church where they are absolved 6. That Laymen ought not to be accused but by lawfull accusers witnesses in the presence of the Bishop that the Arch-Deacon may not lose his right nor any thing that he ought to have from thence And if those who are accused shall be such that no man will or dares to accuse the Sheriffe being required by the Bishop shall sweare twelve lawfull men of the Vicenage or Town before the Bishop that they shall manifest the truth concerning such according to their Consciences 7. No man who holds of the King in Capite nor any of his Dominicall Ministers or house-hold servants shall be excommunicated nor the Lands of any one of them put under interdict unlesse our Lord the King if he bee within the Realme be first acquainted therewith or his Iustice if he shall be forth of the Realme the reason then rendred was lest the King should at unawares Kisse or admit to his Councell such an excommunicate person resorting to him that so he may doe right concerning him and see that what appertaineth to the Kings Court shall be there determined and that what belongeth to the Ecclesiasticall Court may bee sent unto it that it may bethere descided 8. Concerning appeales if they shall happen they ought to proceed from the Arch-Deacon to the Bishop from the Bishop to the Archbishop and if the Archbishop shall faile in exhibiting Iustice they may appeale to our Lord the K. in the last place and that by his precept the controversie may be ended in the Arch-Bishops Court so that there ought to bee no further proceeding without the assent of our Lord the King 10. If any be cited by the Arch-Deacon or Bishop for any offence for which he ought to answer to them and will not appeare upon their citations it shall bee lawfull for them to put him under interdict but they ought not to excommunicate him till he be convented before the
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
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
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
confession was againe ratified Anno 1567. in the first Parliament of James the 6. After which there was an Act made against the Masse and the sayers and heares thereof and another Act for the abolishing of the Pope and his usurped Authority in Scotland After this a forme of Church Government and discipline was presented to the Nobility to peruse but not then fully agreed on and setled The like Petitions and proceedings in ecclesiasticall affaires I finde in the yeares 1561. 1562. 1563. to 1580. 1581 1582. and that the Generall Assemblies of Scotland in nature of a Councell or Synod wherein they debated matters of Religion and Church-government consisted not only of Ministers but of Nobles Gentlemen with other Laikes and that their resolutions and Acts were not thought obligatory unlesse ratified by special Acts of Parliament by which they still petitioned they might be confirmed Not to trouble the Reader over long I finde these ensuing ecclesiasticall Acts of Parliament in Scotland against provisions from Rome Iam. 3. parl 6. c. 43. Iam. 4. parl 1. c. 4. parl 5. c. 53. Iam. 5. paul 〈◊〉 c. 119. Against Working Gaming playing haunting of Taverines Aâ—châ—uses and using any sorvile worke on the SABOTH-DAY Iam. 4. parl 6. c. 83. Iam 6. parl 6 c. 70â— parl â—4 c. 148 against Apostacy Idolatry Masse the Pope Semeniary Priests Iesuites uncommunicants Popery as Iam. 8. parl 1. c. â— 3 5. parl 3. c. 1. 45 46. 55. parl 4. c. 7 8. 35 parlâ— 7. c. 106. parl 10. c. 24 27. parl 12. c. 1 20. parl 13. c. 60. parl 14. c. 193. parl 16. c. 17 18. parl 19. c. 1. Against Adultery Mat parl 5 c. 10. parl 9. c. 74. Iam. 6. parl 2. c. 14. parl 7. c. 105 with sundry others which you may finde mentioned and recired in the 5 and 6 Acts of the second Parliament of King Charles at the Sessions holden at Edinburgh the eleventh day of Iune 1640 Regiam Majestatâ—â— to which for brevity 〈◊〉 referre the Reader I shall conclude with the Ecclesiasticall Acts made in the severall Sessions of the second Parliament of King Charles held at Edinburgh in the yeare 1640 and 1642 where in the presens government of the Church of Scotland together with their profession of Faith nationall Covenant and all Ecclesiasticall matters whatsoever were fully settled and ratified In the first Session of this Parliament I finde these ensuing Ecclesiasticall 〈◊〉 enacted Act. 4. 〈◊〉 the Ratification of the ACTS OF THE ASSEMBLY which are recited in and ratified approved perpetually confirmed by this law Act. 5. Anent the Ratification of the Covenant and of the Assemblies Supplication Act of Councels and Act of Assymbly concerning the Covinant and confession of Faith formerly made and subscribed sundry times here in recited and confirmed In which Act sundry lawes formerly made against Popish Idolatry superstitious Doctrine Papists Seminary priests Iesuits Papisticall Ceremonies Masse the Popes iurisdiction the reformation of the Church and maintenace of Gods true religion are recapitulated confirmed Acts 6. Rescissory repealing divers former Acts concerning Archbishops Bishops with other Prelates their unjust jurisdiction and authority Acts 7. For planting of Kirks unprovided with Ministers through the Patrons default Acts 8. Anent admission of Ministers to Kirkes which belong to Bishopricks Acts 9. discharging the going of Salt-pans and Milnes upon the Sabbath day Acts 10. discharging Salmon fishing upon the Sabbath day Acts 11. Against Papists Acts 12. discharging the Zule vacancy or Christmas Act 13. discharging Monday market in Edinburgh and elsewhere as occasioning great prophanation of the Sunday and distracting men from Gods publike worship and Service Acts 14. For taking order with the abuse committed on the Sabbath day c. Acts 15. Directing Letters of horning against excommunicated persons to which I might adde Acts 16. 29 30. 32. 37 38 having relation to the Church and defence of Religion And Session second of this Parliament 1641. Acts 8. 9 10 11 for abolishing the Monuments of Idolatry 12. Anent Non-communicants and excommunicate persons all printed besides sundry other Acts unprinted are an abundant Evidence both of the Scottish English Parliaments undoubted right jurisdiction and authority in all matter of Religion Discipline and Church-government maugre all inconsiderable late privateopinions to the contrary by whomsoever broached Section 4. Containing certain Corollaries from the premised Sections against the Inpugners of Parliaments and Princes Legislative Power and Authority in matters of Church-government Discipline Religion Together with a compleat Answer to Master Iohn Goodwins pretended Authorities my deare Brother Burtons and others Arguments to the contrary in Iustificaetion of their Independent way in some late Publications the substance whereof is here clearely refuted and this point among others cleared That just humane Civill or Ecclesiasticall Lawes binde the conscience in point of obedience And that there is no exact set forme of Church government universally prescribed in Scripture to all Churches IN the precedent Sections I have according to my solemne Covenant and Protestation abundantly cleared the ancient unquestionable Iurisdiction and Legislative Authority of our Kings and Parliaments in all matters of Religion Church-government Discipline by multitudes of expresse Presidents in all Ages and Authorities of all kindes I shall in the next place Dissipate all those empty clouds of objections which endeavour to obscure this clear-shining Verity by deducing some Corollaries from the premises and then refuting the principle late objections against the same The first Corollary is this That Bishop Laudes desperate Positions in his Anti-Parliamentary paper of Hopes and Feares about calling a Parliament An. 1627. That Church-businesse is not fit for Parliaments That the Parliament House one or both can be no competent Iudge in any point of Doctrine That the Papists insult over us by this meanes and call it Parliamentary Religion That the King suffers by this as much or more than the Church For in the Statute of submission of the Clergie the King and the Convocation are Judges of all Ecclesiasticall Causes An. 25 H. 8. c. 19. And why should the Parliament take this from either That he should have little hope of good successe in Parliament till they leave medling with the Church Are all dangerous false Positions exceeding derogatory and destructive to the indubitable ancient Rights priviledges and power of our Parliaments constantly exercised and enjoyed without dispute even in the darkest times of Popery and highest Ruffe of Pope of Prelates and ever since the Reformation admitted without any opposition but by Popish Priests and Iesuits as the forequoted passages of Bishop Jewell and Bishop Bilson withall the premises manifest Secondly That Master John Goodwins late printed passages against the Ecclesiastical jurisdiction of Parliaments seconded in substance by some other Independents viz. That the generality and promiscuous multitude of the world who have a right of nominating persons to Parliamentary trust and power are but a SECVLAR ROOT
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
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
of Canterbury in their and every of their distinct Courts and in the order and manner of their and every of their proceedings and by all other persons within this Realme as far as lawfully being members of the Church it may concerne them And further to conferre debate treat consider consult and agree of and upon such other points matters causes and things as we from time to time shall deliver or cause to be delivered unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation in writing under Our Signe Manuell or privie Signet to be debated concluded consulted and concluded upon the sayd Statute or any other Statute Act of Parliament Proclamation Provision or restraint heretofore had made provided or set forth or any other cause matter or thing whatsoever to the contrary notwithstanding And we do also by these Presents give and grant unto the sayd Lord Archbishop of Canterbury President of the sayd Convocation and to the rest of the Bishops of the said Province of Canterbury and to all Deanes of Cathedrall Churches Archdeacons Chapter and Colledges and the whole Clergy of every severall Diocesse within the said Province full free and lawfull liberty licence power and authority That they the sayd Lord Archbishop of Canterbury President of the sayd Convocation and the rest of the sayd Bishops and other the Clergie of the same Province or the greater number of them whereof the sayd President of the sayd Convocation to be one all and every the sayd Canons Orders Ordinances Constitutions matters Causes and things so by them from time to time conferred treated debated considered concluded and agreed upon shall and may set down in writing in such forme as heretofore hath been accustomed and the same so set down in writing to exhibite and deliver or cause to be exhibited and delivered unto Us to the end that we upon mature consideration by us to be taken thereupon may allow approve confirme and ratifie or otherwise disallow annihilate and make voyd such and so many of the sayd Canons Orders Ordinances Constitutions matters causes and things so to be by force of these Presents considered consulted and agreed upon as wee shall thinke fit requisite and convenient Provided alwayes that the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be considered consulted or agreed upon as aforesaid be not contrary or repugnant to the Liturgy established or the Rubrick in it or the nine and thirty Articles or the Doctrine Orders and Ceremonies of the Church of England already established Provided also and our expresse will and commandement is That the sayd Canons Orders Ordinances Constitutions matters and things or any of them so to be by force of these presents considered consulted or agreed upon shall not be of any force effect or validity in the Law but only such and so many of them and after such time as we by our Letters Patents under our great Seale of England shall allow approve and confirme the same any thing before in these presents contained to the contrary thereof in any wise notwithstanding c. In witnesse whereof We have caused these our Letters to be made Patents Witnesse Our selfe at Westminster the twelfth day of May in the sixteenth yeare of our Reigne Per Regem Ipsum Willys To which I shall adde the Kings further Warrant for making a particular Canon and Oath in the late Convocation Charles R. MOst reverend Father in God right trusty and right entirely beloved Councellour Right reverend Fathers in God right trust and well-beloved and trusty and well-beloved We great you well Whereas We out of our meere grace and favour and for the good and peace of the Church have granted to you our Arch-Bishop of Canterbury free leave and licence under our great Seale of England bearing date the twelfth of this instant May to propose treat and conclude upon all such necessary Articles and Canons which you shall finde fit to be ordered for the peace and government of this Church Provided that you shall thereby have no power to meddle with nor alter any thing ratified and confirmed by Act of Parliament And whereas we have further in that Licence which we have granted unto you reserved power to our selfe to command you to propose treat and determine of any such thing or things as we shall recommend unto you under our Signe Manuall or Signet These are therefore to will and require you to propose treat and conclude upon such a Canon as may secure us and all our loving subjects against all growth and encrease of Popery in this our Kingdom as also of any hereticall or schismaticall opinions to the prejudice of the doctrine or discipline of this Church of England established by Law And that in this case you agree upon some Oath to be taken by your selves and all the Clergie respectively and by all which shall hereafter take upon them holy Orders that they shall adhere constantly to the doctrine and discipline here established and never give way for so much as can any way concerne them to any innovation or alteration thereof And when you have made this Canon and inserted this Oath we require you to present it to us that we may advise upon it and if upon mature consultation we approve it we shall confirme it and then give you power under our great Seale both to take the said Oath your selves and to administer it to all such as the Canon appoints Given under our Signet at our Court at White-hall the seventeenth day of May in the sixteenth yeere of our Reigne To the most Reverend Father in God our right trusty and right entirely beloved Councellour the Lord Arch-bishop of Canterbury Primate and Metropolitane of all England To the right Reverend Fathers in God our right trusty and well-beloved the Lords Bishops and to our trusty and well-beloved the rest of the Clergie now assembled in Convocation 3 ly by the Kings letters Patents for Confirmation of those Canons after they were made presented to be confirmed by him In the first canon whereof they thus truly resolve That a supream Power is given to this most excellent Order of Kings by God himself in the Scriptures which is That Kings should rule and command in their severall dominions all persons of what rank or estate soever whether Ecclesiasticall or Civill and that they should restrain and punish with the temporall sword all stubborn and wicked doers The care of Gods Church is so committed to Kings in the Scripture that they are commended when the Church keeps the right way and taxed when it runs amisse and therefore her government belongs in chief unto Kings For otherwise one man would be commended for anothers care and taxed but for anothers negligence which is not Gods way The power to call and dissolve Councels both nationall and provincial is the true right of all Christian Kings within their own Realms or Territories
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.
from Laity and Clergy Protestants of all sorts as well Presbyterians aâ— Independents yea from Antinomians Anabaptists Brownists and Schismatickes of all sorts to reforme Religion especially Church-government set up the Ordinances and worship of God in their purity and settle all matters of Doctrine Discipline Government by Act of Parliament as neere as might be to the word by the assistance of a godly learned Assembly of Divines the daily calling of Ministers of all sorts upon the Parliam to pursue this work the prayers of all piously affected to Almighty God both publickly and privately to assist them extraordinarily from Heaven in this great weighty spirituall building together with the Assemblies submission of all their determinations to the Parliaments alteration approbation or rejection and the Independents own addresses Petitions late tender of the reasons of their dissent from the Assembly to them is to my weak approbation a most irrefragable Argument and publicke acknowledgement of their undoubted right and Legislative power in all Ecsiasticall affaires of what nature and quality soever and that all parties ought readily to submit to their just determinations in point of practise and obedience in all these particulars whereof they have thus unanimously and importunately from time to time petitioned them to be Iudges There is no party or Sectary whatsoever which hath formerly petitioned them in this kinde but would preach and write for universall obedience to that forme of Church-government the Parliament should settle and establish provided it suited fully with their particular way which they judge the truest and most consonant to Scripture and if they should once authorize or settle the Independents hitherto concealed way I am confident they would all preach universall obedience submission to it under pain of contumacy haeresie schisme and the severest penalties Ecclesiasticall or civill since they write as much in effect already in their Pamphlets and that this their way may reasonably yea and upon higher terms then of reason be thought in time that it cannot but overthrow all other sorts of Ecclesiasticall Government and stand up it selfe in their stead If then every side be of this minde in case the Parliament determine for their party then why should not all be willingly concluded satisfied with what they shall rightly determine be it for or against their way since they have all appealled to their judgements alike which must either be altogether fruitlesse and un-obliging to any or els indifferently binde all to voluntary or enforced conformity Add to this that all or most of our opposites in this point of Parliaments juriâ—diction and Legislative power in Ecclesiasticall matters have freely submitted themselves to the Protestation Vow and solemne Nationall Covenant imposed and prescribed by the Parliament which enjoyne them under paine of highest Perjury with their lives and estates to maintain and defend the ancient rights and priviledges of Parliament and this we now debate as well as any other That they have generally acknowledged and obeyed the Parliaments Iurisdiction in prescribing publick monethly Fasts and others upon speciall occasions with publicke dayes of thanksgiving together with their power and Ordinances to suppresse all prophanations of the Lords day with many other abuses Sects Errors in Church affaires which hath for ever estopped them to quarrell or deny the Parliaments Legislative Iurisdiction in any other particulars of Church-government Discipline or Religion which suite not with their humors or opinions I shall conclude this point concerning Our own Parliaments Ecclesiasticall jurisdiction with the determination of our incomparable Jewell which hath more reall worth and value in it then the contrary opinion of thousands of opposites being alwayes hitherto reputed the received Doctrine of the Church of England and with Bishop Bilson a very solid Writer This reverend learned Jewell in his Apologie hath this passage concerning the establishment of the Protestant Religion among us That the matter hath been treated in open PARLIAMENT with long consultation and before a notable SYNOD and CONVOCATION Master â—â—â—ding his Antagonist Anâ—â—gonist answering thereunto just as some Independenâ—â— and others who protest they have abjured all Popery though they follow it herein to an haires breadth do now The Parliaments of these later dayes did make most of you and yet how open was it for you had ye any plaâ—e at all in it were ye admitted within the doores or had ye any thing to do in that assembly Did they tarry many moneths about it had they Bishops had they Divines and the most learned to reason too and fro with all Liberty c. How many of the spirituall Lords a great part of the Parliament and without all doubt the part which must be chiefly and only regarded when the questiones of Religion gave their voyce to your Gospell yea which of them did not resist it save 〈◊〉 alone c If they will needs have their matters to depend of THEIR PARLIAMENT let us not be blamed if we call it PARLIAMENT RELIGION PARLIAMENT GOSPEL PARLIAMENT FAITH This learned Bishop returnes the ensuing reply to him That the Parliament war summoned by royall Authority confirmed and concluded in Order as heretofore hath been used That a Parliament might be held and Acts passed without the consent and agreement of Lords Spirituall for which he produceth sundry examples Farther whereas ye call the Doctrine of Christ that now by Gods great mercy and to your great griefe is universally and freely preached a PARLIAMENT RELIGION and a PARLIAMENT GOSPEL for such sobriety becometh you well and may stand you instead when learning fayleth ye might have remembred that Christ himselfe at the begining was universally received and honoured through this Realme BY ASSENT OF PARLIAMENT and further that WITHOUT PARLIAMENT your POPE himselfe was never received no not in the late time of Queen Mary yea and even then his Holinesse was clogged with PARLIAMENT CONDITIONS that whatsoever had beene determined in Parliament and was not repealed were it never so contrary to 〈…〉 and Canons should remain still inviolable and stand in force 〈…〉 Holinesse had gone home again Such Master Harding is the Authority of a Parliament Verily it Parliaments of Realmes be no Parliaments then will your Pope be no Pope Therefore as you now call the truth of God we professe a Parliament Religion and a Parliament Gospel even so with 〈…〉 and gravity of speech you might have sayd our Fathers in old times had a Parliament Christ And your late Fatherâ— and Brethren had of late in the time of Queene Mary a Parliament Faith a Parliament 〈◊〉 a Parliament Pope Neither is it so strange a matter to see Ecclesiasticall causes debated in Parliament read the Lawes of King Inas King Elâ—â—ede King Edward King Ethelstan King Edmond King 〈◊〉 King Canute and ye shall finde that our Godly Forefathers the Princes and Peers of this Realme never vouchsafed to entreat of matters of Peace of Warre or otherwise touching the
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
out of which the Independent Brethren CONCEIVE AN IMPOSSIBILITY that a spirituall extraction should be made That a man may as well bring a cleane thing out of an uncleane in Iobs expression as make A SPIRITVALL EXTRACTION out of this SECVLAR ROOT who have NO Authority nor power from Christ to nominate or appoint who shall be the men that shall order the affaires of Christs Kingdom or institute the government of his Church That therefore there is AN IMPOSSIBILITY that a legitimate Ecclesiasticall power should according to the minde of Christ or any precept or prefident of Scripture be by them conferred VPON ANY MAN OR THAT THE PERSONS SO ELECTED SHOVLD HAVE A POWER by vertue of such nomination or election TO ENACT LAWES OR STATVTES IN MATTERS OF RELIGION and TO ORDER VNDER MVLCTS PAENATIES HOW MEN SHALL WORSHIP and SERVE GOD c. Are diametrally opposite to the ancient priviledges and undoubted Ecclesiagicall Authority of Parliaments which they pluck up by the very roots and altogether as bad as if not far worse than Bishop Laudes with whom he symbolizeth in this particular which I have elswhere answered fully resuted These Passages of his were first unseasonably vented by him in a Sermon in Colemanstreet 25 February 1643. to what other end unlesse to prepare his Auditors to slight or reject what ever forme of Church-government the Parliament should prescribe or settle I cannot discerne for which with other particulars being questioned before the Committee for plundered Ministers even pending the complaint there he presumed to justifie them againe very unseasonably in the Pulpit on a solemne Fast day and likewise in two printed Books to one wherof he prefixed his name in high affront of that Committee which suspended him and contempt of the Parliaments Authority not to be paralleld in any age by any person for ought I finde Which audaciousnesse of his who pretended so much respect and honour to the Parliament heretofore engaged me according to my Covenant and Protestation to give a publicke answer in print to these scandalous passages in vindication of the Parliaments indubitable Right and Priviledge to intermeddle in and make Lawes for all Church matters as I have manifested by a cloud of witnesses in all ages in the foregoing Section and so farre incensed the Committee against him that they sequestred him from his living in Colemanstreet for the very things I mentioned in my Full Reply c. and ordered the passages in his Sermon and Theomachia to be specially reported to the House with all expedition as an unsufferable affront and presumptnons under mining of their Priviledges which they could neither in honour nor justice connive at without exemplary punishment and censure And yet this Gentleman since this censure hath had the boldnesse in another Pamphlet of his to which hee hath prefixed his name Intituled INNOCENCIES TRIVMPH an unfitting Title for a sequestred Nocent to deny those very matters of fact which he voluntarily confessed in my hearing before the Committee for which he was sequestred and to justifie his forementioned scandalous passages in such a daring way as cannot bee paralleld For first he professeth p. 2. That he hath not denyed the least dram or scruple of that power belike he hath weighed it exactly in the scales which is truly Parliamentary and consistent with the Word of the great and glorious God of which misdemeanour he is not in the least measure conscious to himselfe as yet This manifestes him incorrigible impenitent after censure proclaims him that which this whole Pamphlet vainly endeavours to acquit him from One who hath presumptuously undermined the undoubted Priviledges of Parliaments and here trebles in his former offences Secondly he averreth that what he formerly preached and writ was out of a loving tender affectionate jealousie over the Parliament lest possibly they might dash their foot against that stone by which all Rule all Authority and power will one day be broken in pieces So that if his tongue or pen have in the least miscarried in this point it was Error Amoris not Amor erroris he being extreamly jealous over the Parliament lest they should touch with any Title or claime the most sacred and incommunicable Royalties and privilledges of Heaven and so count it no robbery to make themselves equall to God knowing most assuredly that this is a most high provocation to the eyes of the most High and IF CONTINUED IN will kindle a fire in the breast of him whose name is Iehovah which will consume and devoure c. But good Sir first can any rationall man thinke though you should protest it ten thousand times over that such Anti-Parliamentary passages as yours are should proceed from your love to Parliaments The blindest charity I feare will hardly credit it that a friend to Parliaments should thus successively Preach and Print against their jurisdiction more desperatly than the worst Malignant Royalist Cavalier or the Arch-Prelate himselfe as you have apparently done Secondly If this proceeded from such affectionate jealousie over the Parliament I pray what made you so strangely if not maâ—gnantly jealous over them as to feare and presume they might dash their feet against that stone by which all power shall bee broken in peeces claime the most sacred and incommunicable priviledges and royalties of Heaven to themselves and count it no robbery to make themselves equall with God Did the Parliament ever give you the least colour or occasion of any such uncharitable unchristian that I say not detestable jealousie could you have harder or more jealous thoughts than these of the very Pope or Turke himselfe or of that great Antichrist who exalts himselfe above all that is called God Can such jealousies as these issued from any but a rancorous or disaffected heart against Parliaments or did ever such execrable jealousies as these proceed from the heart tongue much lesse the pen of any Oxford Aulicus or most venemous Malignant to our Parliament Doe their calling of an Assembly of most pious and conscientious Divines of all sorts to reforme our Church and conforme its Government Discipline in all things as neere as possible to the Word of God with all their religious proceedings in this kinde infuse any such jealousie into you If not then for shame retract these your groundlesse fanaticke jealousies of and uncharitable hard thoughts against the Parliament else the world will censure you an Arch-Malignant and the greatest Enemie to our Parliament that ever yet appeared openly in Presse or Pulpit within the lines of Communication if not without them to Thirdly had you had any just cause of such a jealousie yet it had bin your duty to have privately informed your friends in Parliament with it in a brotherly Christian way but to publish these your brain-sick jealousies and suspitions of them behind their backs in open Pulpit and then to the whole world in print of purpose to make your Auditors Readers jealous of
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
in the Old and New Testament at hainous sinâ— and capitall offences punishable in some cases with imprisonment banishment confiscation of goods and death it selfe And on the contrary chearful obedience to them is not only commanded but commended by God Himselfe in by and for whom they rule and command as the marginall Scriptures fully manifest Therefore undoubtedly they binde the Conscience And so all Parliaments Law-givers ever held and believed else they would never take care or pains to enact or publish Lawes Finally Princes Magistrates and Parliaments may and oft-times do prescribe solemn Oathes and Covenants to their people to observe both Gods just Laws and their own to as is clear by the Marginall Texts by 28 H. 8. c. 10. 1 Eliz. c. 1. 3 Jac. c. 4. which prescribe an oath of abjuration of the Popes Authority the oathes of Supremacy and Allegiance with infinite other Acts enjoyning sundry other oathes and by the late Protestation Vow and Nationall Covenant made and imposed upon all by the present Parliament Now these oaths and Covenants do without all controversie binde the Conscience to observance and obedience in the highest degree Therefore questionlesse these their oaths Laws Covenants binde the Conscience els we might with safe Conscience refuse and violate them at pleasure which none dares affirme they may who hath any sparkle of Conscience remaining in him I shall now propound and answer the principall contrary Objections which are these 1. It is contrary to Christian liberty and a plaine tyranny that humane Lawes should obliege the Conscience Christ having freed us from all humane Ceremonies Lawes obligations and the Scripture enjoyning us to stand fast in the liberty wherewith Christ hath made us free and not to be again entangled with the yoake of Bondage Not to be the servants of men Not to be subject to Ordinances as touch not tast not handle not which all are to perish with the using after the commandements and Doctrines of men If therefore humane Lawes should binde the Conscience Christian liberty would be destroyed and tyranny over consciences introduced 1. Answer 1. That it is no wayes repugnant to but very consistent with Christian liberty to be obliged to obey al honest just necessary Lawes all decent and convenient things which may advance Gods glory worship the peace wee le or prosperity of Church State our own felicity and are consonant not repugnant to Gods Law Neither do the objected scriptures extend to such Lawes or Edicts at these 2. That Christian liberty which Christ hath purchased for us is not an exemption or freedome from the obedience of humane Laws but from the dominion and power of sinne the yoake and bondage of the Ceremonial Law abolished by Christs death from the exact performance and condemning power of the morall Law not from obedience to it and from placeing inherent holines oâ— any matter of Religion worship conscientiousnes in things meerely indifferent in themselves as Mr. Calvin with others who write Deliberitate christiana with most Commentators on the Galathians resolve yet Magistrates may command such things to be done or not done for 〈◊〉 order peace and other publicke ends so as they place no inherent holinesse religion or worship in them and Christians are bound to obey them therein without infringement of their Christian Liberty Thirdly As to the Texts objected The first of them is meant of the Ceremoniall Law and morrall to so farre forth as to seeke justification by it or to be under the rigour and condemning power of it Not of just humane Laws The next is intended onely ofâ— men-pleasers who flatter men in their lusts pleasures errors or obey their unjust commands repugnant to the will of God not of obeying the just Lawes or precepts of Kings Parliaments Magistrates Parents Masters and other superiors for then there shall be no servants no subjection or obedience at all to superiors in this world and this Text should repeale the 5. Commandement with all other precepts of obedience given to subjects wives children servants if thus expounded For that of the Colossians 2. 20 21 22. it appeares by verse 14 15 16 17 c. that it is spoken onely of the Ceremoniall Law and of that Ceremonial holynes or intrinsicall uncleannes which some did put between meats and drinkâ—s which were indifferent in themselves as is most cleare by comparing it with Acts 10. 10. to 16. Rom. 14. 2 3 to 23. 2 Cor. 8. 1 Tim. 4. 3 4 5. Therefore it makes nothing against the Ecclesiasticall or Civill Lawes of Princes and Parliaments who may command abstinence from flesh and such particular things creatures at certaine times for lawfull civill ends which we are obliged to obey though not out of any religious or superstitious respect as if the creature it selfe were unlawfull at such times by any divine precept or in its owne nature our Statutes and Homylies concerning Fishdayes define The second Objection is this That the civill power is temporall and the end of civill Lawes externall or temporall peace and order Therefore they binde not the Conscience I Answer That the end of Ecclesiasticall Lawes is not meerly temporall but spirituall and Ecclesiasticall Therefore the objection is not solid 2ly Admit the power he but temporall inregard of the object or end yet internall and outward obedience to those Laws is the principall thing intended in them which none can with safe conscience deny where the Laws are just necessary The third is That Magistrates Parliaments and their Lawes have nothing to do with mens consciences which they cannot judge or discerne but onely with thâ—â— outward actions Therefore they cannot binde the conscience I answer that though Majestrats have nothing to do with nor can judg of mens consciences or opinions simply considered in themselves concealed yet they have to do withal their external actions flowing from regulated by their consciences and opinions Therefore they may binde the conscience as it is Practicall punish Atheists Heritickes Papists Idolaters when they openly appear to be such 2ly The very Law Of God hindes the conscience to obey all iust commands of higher powers therefore such commands even by vertue of Gods owne precept oblige the conscience to internall obedience as wel as the body to externall The 4th is That Princes and temporall Majestrates cannot inflict inward and spirituall but only temporall and externall punishments Therefore they cannot binde the conscience I Answer that men may binde and deliver others over to such punishments as they cannot immediatly inflict The Church may deliver men over even for ecclesiasticall offences to the secular power which they cannot exercise and to temporall punishment which they cannot inflict yea they may deliuer aâ— they hold men ever unto Sathan and to the judgement of God at the last day which they cannot actually execute Majestrates doe frequently punish the
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
1073. g Hist Novotum lib 1. p. 6. h Malmesb dr Gestis Ponâ—â—f AngloÌ„rum p 214. 215. 1075. 1093. i Eadmerus Hist Noverum lib. 1. p. 26. to 31. k Historia Angl. p. 190. l Hadmerue Histor Novorum l. 3. p. 6â— Willielmuâ— Malmâ—â—bury de Gestis pontif Anglorum l. 1. p 228. 〈◊〉 Annal. pars prior p. 469. Math. Westm An. 1102. p. 23. Antiquitares Ecclesiae Brit. p. 104 105. m Jotnal Histor Antiqui Ecclesiae Brit. p. 105. n Matth. Paâ—is Histor Angl. Anno 1107. p. 25. 26. Roger â—oveden Annal. pars 1. p. 60. Eadmerus Hist Novorum l. 4. p. 91. o Eadmerus Hist l. 4. p. 94. 95. Haec sunt statuta de Archidâ—aconibusâ— c. qua Dominicae incarnat Aâ—iouis 1108. statueâ—â—nt Ansel Coâ—tuarâ—ensis Archiepiscoput Thomas Ebor acensiâ— Archiepiscoâ—us electus cum eo alii Episcopi Angliaâ— In presentia gloriosi Regis Henrici essensu Comitum et Baronum suoâ—um â—atutum est 〈◊〉 Regeni Haveden Analâ— pars prior p. 472. p Eadmerus Hist l. 5. p. 114 115. 116. 〈◊〉 p. 49 50 51. * A meere â—orgery and untruth See Section â— q Eadmerâ—â— Ibidem p. 117. 1114. r Ibid. p. 1â—8 Å¿ Eadmerus Hist Novorum l. 3. p. 58. Note t Eadmerus Hist. l. 6. p. 137. 138. 1125. u An. 1125 p. 499 500. See Râ—ger Hoveden Annal parsprâ—orp 478 Math Westm Anno 1125. p. 31. Mathew Paris An 1125 p. 67. Henry Huntindon Hist l. 7. p. 382. Cum eadem diâ—â—â—â—pus Christi conâ—ecisset Meretrice post Vesperam interceptuo est Res apertissima negari non potuit celari non decuit Summâ— honor ubique habitus in summum dedecus versus est c. write our Popish Monkeâ— See John Bale his Acts of English Votaries Holingsheâ—d Speed and others y Continuatio ad Florentium Wigorniâ—sem p. 503. 504. 505. z Continuatioâ—â—â— Floreâ—tium Wigorniensem p. 519 a Roger Hoveden Anâ—al pars prior An. 1138. p. 485. b Hoveden Ibid. Anno 1139 484. c Mathew Westm Anno 1142. p. 28. Mathew Paris An. 1142. p. 76 Roger Hoveden Anno 1142. p. 488. Gulielmus Neubrigensis l. 1. c. 18. p. 27 d Artic. Cler. c. 3 22 Asâ— 70. 11. H. 4 88 20 E 4 10 b. 22 E. 4 20 12 H 7. 22 23 C. â—4 report fâ—o Fitz. Na Brâ—s 51 k 52 m. 53. â— e Antiqu Eccles Briâ— p 117 f Nubrigensis Hist l. 2 c 9 p. 112. 113. 113. See Ioannis Marius Zaberel Theodoricus a Niem de Schismate g Eadmerus Hist Novorum l. 2. p. 23 33. h Eadmerus Hist l. 2. p. 25 26 27 28 29 30 31 32. i Gulielmns Nubrigensis Rer. Angl. l. 1. c. 25. k Hoveden Annal. pars posterior An. 1175. p. 542. Speeds Hist of great Britaine p. 521. 1175 l Hoveden ib. p. 546. 547. Antiquitates Ecclesiae Brit. p. 94 95. 1175 m Hoveden ibid. An. 1176 p. 548 549 550. 1176 n See Eadmerus hist Novorâ— l. 4. p. 97 l. 5. p. 139 to 135. Malmesbury de Gestis Pontif. Anglor l. 3. p. 272 273. o Annal. part posterior An. 1176. p 550 1176 p Hist l. 3. c. 1. p 210 211. q In vita Richardi p 125 126 Å¿ Math. Westm Anno 1226 p. 118. 119. 126. Math Paris An 1226. p. 316. Antiquitates Ecclesiae Brit. pi 153. 154. t Math. Paris p. 319. Antiquitates Ecclesiae Brit. p. 119. 120. v Math. Paris Hist Angl. An. 1231. p. 359. 1231. x Matth. Paris An. 1136. p. 431 432 433. Math. Westm An. n. 237. p. 146. Antiquitates Ecclesiae Brit. p. 163 164. 1236. 1288 y Antiquit. Ecclesiae Brit. p. 205. Se loannis de Aton Constit Provinciales f. 139 131. 1296 z Antiquit. Ecclâ—siae Brit. p. 209 210 211. Matthew Westminster An. 1295 1296 1297. p. 408. 409. 410. Thomas Washingham Ypodigma Neustriae An. 1296 1297. a See Fox Acts and Monuments p. 388. Bishop Iewels defence of the Apology of the Church of England part 6. c. 2. divis 1. p. 522 habito Rex cum suis Baronibus Parliamento Clero excluso Statutum est c. b Antiquitates Ecclesiae Brit. p. 314 315. 1418 c See Sir Edw Cookes Institutes on Magna Charta c. 1. Matthew Paris p. 53. 249 296. King Henry the 1. and 2. d Matthew Paris p. 96. 97 98 99. See Eadmerus Houeden Hollingshed Speed Daniel in the life of King Henry the 2d and Antiqu. Ecclesiae Brit and Godwin in the life of Becket * Matthew Paris ibid. f The Antipathy of the English Lordly Prelacy c. part 1. p. 17. to 29. K. Henry 3. K. Edw. 1. K. Edw. 2. K. Edw. 3. K. Rich. 2. K. Henry 4. K. Henry 5. K. Henry 6. K. Ed. 4. K. Rich. 3. K. Henry 7. K. Henry 8. K. Edward the 6th Q. Mary Q. Elizabeth K. James K. Charles a Crompton Iurisdiction f. 1. 2. Conâ— 4. Institutâ— p. 9. b Walsingham Hist Angliae p. 188. 204. to 210. 302. to 307. Fox Acts and Monuments vol. 1. p. 556. to 570. c Walsingham Hist Angl. p. 302 303. d Acts and Monuments vol. 1. p. 618 619 620. * See Boanerges oâ— the Supplication of the Ministers of Scotland to the high Court of Parliament of England Master Henry Burton his Israels Fast the Epistle Dedicatory The Petition of the Lincolnshiâ—e Ministers c. * Redly to A. â— p. 111. See my Brother Burtons Vindication p. 44 45. 60 51 62. e Part. 6. c. 2. Divis 1. p. 641 643 654 â—â—5 f The true difference betweene Christian subjection and unchristian Rebellion part 3 p. 540. 541. 4â—2 543. NOTA. FRANCE Fredericus Lindebrogus Codex Legum Antiquarum g See the Title p. 1. Adâ— dit 4. f. 304. Hinemari Epist ad Epis copos quosdam Franciae et Ludovico Regi And Fridericus Lindebrogus Codex Legum Antiquarum p. 322. c. h Caroli Magni c. Capitula p. 328. 329 Fridericus Lindebrogus Codex legum Antiquarum p. 1193. 1196. 1197. i Acts and Monuments vol. 1. p. 461. to 478. Edit 164. Spaine Bohamia Denmarke Italy Fredericâ—â— Lindebrogus Cod Legum Antiquarum m Ib. f. 363. n Ib. f. 400. Fridericus Lindeb ogus Ibid. f. 265. 166. o Ib. f 439. p Ib. f. 442. q Ibid. f. 498 591. r Ibid. f. Å¿ Ib. 694. r Codicis l 1. Tit. 1. to 12. Novel Const 3. 5 6. 16 37. 42 67. 77 83 79 123 131 132 133 141 144 146 1â—â— 117. Ireland Scotland u Hector Bâ—ethius lib. 10. Spelman Concil p. 340. 342. x See Regiam Majestatem Or Auld laws constitutions of Scotland collected by Sir Iohn Skene printed at Edinburgh 16â—9 * Knox History of the Reformation of Religion in the Realme of Scotland l. 3. p. 127. to 135. * Ibidem p. 250. 251. to 278. See the Doctrine and Discipline of the Kirke of Scotland Leâ—â—e lib. 10. Buchanon Hist l. 16. 17. 18. * Page 96. 97. 98. * See my Brother Burtons Vindication p. 69. * â— Theomachia â— 48. 49.
50 Reply to A. S. p. 81. 22. and his Sermon in Feb. 25. 1643. * A full Reply c. p. 21. to 24 Page 4 5. * â— Thes 2. Iam. 3. 6. * See Master Walkers and Mr. Roburrowes answer to them Page 3. Answer * Calepine Holioke Calvim Lexicon Juridicum Summa Angelica Tit Praesumptio Media vâ—lla Aquinas and others * Exod. 21. 14. Num. 15. 30. Deut. 1. 43. c. 17. 28. c. 18. 20. 22. Psal 19. 13. 2 Pet. 2. 10. * In his 4. Institutes c. 1. Of the High-Court of Parliament and Camden Holinshed Vowell Sir Thomas Smith concerning Parliaments * 2 Pet. 2. 10 12. 1 Tim. 3. 2 4 5. Page 5. * Page 156. to 183. 237. 237. 238. 280. to 307. * See his Title Page 15. 15 Page 9 to 14. * Here p 96. 97. 98. Page 9. 11. ANSWER * See the Articles of the Scotish Commissioners against Canterbury * Page 102 103. 104. a Object 1. b In this Vindiâ—ation p. 1. 2 â—8 42. 48. 51. 52. 53. 60. 6â— 71. * Yet Independents though men may and now doe it Answer b Rom. 13. 1 2 3. Tit. 3 1. 1 Tim. 2 2 1. 2 13 14 Act. 20. 28 Heb. 13 7 17 1 Cor 4 15. 1 Iohn 2 13 Isay 49 23 Psa 8 16 Ps 78 70 71 72 c Acts 18. 7 17 â— 13 15 Mark 5. 22. Lu. 8 41. 49. d Exod 22. 28. c. 16 22. c. 34 Exod 7 1 Ps 28 1 6 Iohn 10 34 35 Cor 8 1 5 2. Chron. 9 8. f 1 Tim. 5 17 Phil. 1 2 1 Cor. 12 28 g Dan. 1. 7. 27. Luke 1. 23. 1 Tim. 6. 15. Isâ— 9. 6. 7. Psal 22. 28. Psal 103 19. 〈◊〉 21. Ephes 4. 5. 1 Cor. 8. 5 6. h Pag. 49. 50. i Psa 22. 27 28 Psa 2. 8. k Psa 72. 11. Psa 86. 9 Rom. 15. 4. l Dan. 7. 27. m Pag. 44 45 46. 62. 63. Argu. 1. Answer n Ps 10. 16. Ps 29 10 Ps 44 4 Ps 47. 2. 6 7 Ps 84. 3. Ps 89. 18 Ps 95 3 Ps 98 6 Ps Ps 149 2 1 Tim. 1 17 c. 6. 15 16 Rev. 15 3 c. 17 14 c. 19. 16. Psal 22 18 Ps 103. 19. Isay 9. 7. Dan. 4 32. Math 10 13 c. 1. 1. 25. n Ps 10. 16. Ps 29 10 Ps 44 4 Ps 47. 2. 6 7 Ps 84. 3. Ps 89. 18 Ps 95 3 Ps 98 6 Ps Ps 149 2 1 Tim. 1 17 c. 6. 15 16 Rev. 15 3 c. 17 14 c. 19. 16. Psal 22 18 Ps 103. 19. Isay 9. 7. Dan. 4 32. Math 10 13 c. 1. 1. 25. o 1 Chron. 29. 11 12 13. Dan. 5 11 c. 4 17 25. p 1. Sam. 1. 11. p. 20. 10. p. 46. â— Exod. 15. 3. infinit other texts 1. Sam. 17. 47. Psal 24. 8. q Isa 9. 67. Iohn 13. 9. Acts 2. 36. c. 10. 36. Rom. 14. 6. 7. 8 9. Mat. 6 9. 14. 15. c. 23. 3. 10. Mat. 1. 6. r 1. Pet. 1. 25. c 5. 4. Iohn 10. 16. 12. 16. Acts. 3. 22. 23. c. 7. 37 Iohn 6. 45. Isay 54. 13. Å¿ 1. Tim. 2 5. 1. Iohn 2. 1. 2. Rom. 8-34 Pet. 7. 25. t 1 Tim. 2 1 2 3. Isah 59. 11 12. Ier. 27. 18 c. 36. 25 Rom. 2. Psal 122. 6 * See Vindication p. 3940 70. where this is in a manner confessed y See Pareus in Rom. 13 Dub. 7. 8 and D. Willet on Rom. 13. Cant. 6. 7. Doctor Davenant his Praelectiones De Judice Norma fides cap. 14. Bishop Iewels Defence of the Apology part 6. cap. 1. 2. 11 12 13 14 15. Bish Biâ—sons true difference c. part 2. Fridericus Lindebrogus Codex Legum Antiquarum Lambardi Archaion Master Rutherfords Due Right of Presbyteries cap. Sect. 5. and p. 355. to 480 c. z Psal 5. 2. Psal 145. 1. Iohn 20. 13 28. 1. Cor. 11. 3. a Page 18. b See this confessed pag. 45. 46 62. and elsewhere * Aâ—gn 2. Vindication pag. 50. 51. Answ 1. c Acts 4. 18 19 20. c. 5. 28 29. Dan. 1. 8. to 17. c. 2. 5. to 17. c. 6. 5 to 28. See Gratian causa 11. qu. 3. d Câ—â—tr 7. p. 617. * The Papists and we differ some what de modo or manner of binding e Rom. 1. 2. 3. 4 5 6. See Paraeus and Willet on the place f Rom. 13. 1. 2 3 4. 2 Chron. 9. 8. Deut. 1. 17. g De Praecepto Dispensat h In Tit Psal 70. i Ephes 6. 5. 6 7 8. Col. 3. 22 23 24. 1 Tim. 6. 1 2. 1 Pet. 2. 18. Eph. 5. 2. to 9. Col. 3. 10. to 26. â— 1 Pet. 2. 18. 19. â— Rom. 13. 1 2 Heb. 13. 7 17 Tit. 3. 1 1. Heb. 13. 7 17 Tit. 3. 1 1. Pet. 2. 15 16 17 * 1 Pet. 2. 18. 19. 20. m Iohn 8. 9. Rom. 2. 15. c. 9 1. 1 Cor. 1. 12. Heb. 10 2. n Iosh 1. 16. 17. 18. Exâ—ra 7. 26. Rom. 1. 30. 2 Tim. 3. 2. 4. 2 Pet. 2. 10. Iude 8. o Exod. 20. 14 Ephes 6. 1â—2 Col. 3. 2. to 25. Ier. 35. thronghout [*] Gen. 24. 2. to 10. Iosh 2. 17. 20 1 Sam. 14 26 27. 2 Chron. 15 12 13 14 c. 23 3 c. 34 30 to 33 Ezra 10 3. Neh. 9 38 c. 10. Neh. 9 29 30. [*] Gen. 24 2 to 67. Numb 30 2 to 15 Iosh 2. 18 19 20. Iudg. 21 5 6. 1 Kings 2 43 44. Eccles 8 2. Ezek 17 16 to 20. Eccl. 5 4 5 6 Object q Gal. 5. 1. c. 1 10. Col. 2. 16. to 22. p See Paraeus in Rom. 13. Dub. 7. Answer r Rom. 6 1 to 23. Iohn 8 34 [Å¿] Col. 2. 14 15 16. Acts 10 15. 1 Tim. 4. 3 4 5. Rom. 14. 1. 1 Cor. 8. t Insti lib. 3. c. 19. Aretius de Adiapheris Locus v See Iâ—ther Calvin Marlorat and others on these Texts x 〈…〉 19. 4 Elix c. 5. Objest 2. Answ Object 3. Answer * See 23 Eliz. c. 1 35 Eliz. c. 1 2 z Rom. 13. 1. 2 1 Pet 2 15 16 Tit 3 1 Object 4. Answer a See Fox Acts Monuments passim The writs de Haretico Comâ—urendo Excommunicato Capiendâ— b 1 Cor. 5. 5 1 Tim. 1. 20 1 Cor. 16. 22. c Acts 3. 4. Rom 13. 1 2. Lu. 10 16. 1 Thes 4. 6. 7. 8. Objection 5. Answer Objection 6. c Vindication p. 40. Answer Objection 7. Answer * 〈◊〉 1 11. 1 Sam 11 7. Ezra 7 26 Dan 2 5 c 3 19 c 6 24 Math 10 28. Luke 12 4 5 * 1 Thes 4. 6. 8 Rom 1 30 31 〈◊〉 Objection 2. i Vindication â— 4 5 6 9 34 35 â—â— Answer * Phil 1 1. Eph 4 11 12. 1 Cor. 12 28 29 [*] Gal 1 8. [*] 〈◊〉 An Answer to Master William Prynnes 12 Questions p 2. Christ hath not peremptoâ—ily prescribed one and the selfe-same 〈◊〉 of Ecclesiasticall Government to all Nations The 〈◊〉 to blame are such who go about to prescribe one throughout whole kingdomes c.
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