Parliaments Power In Lawes for RELIGION OR AN ANSVVERE To that old and groundles Calumny of the Papists nick-naming the Religion of the Church of England by the name of a Parliamentary RELIGION Sent to a freind who was troubled at it and earnestly desired satisfaction in it OXFORD Printed by HENRY HALL Printer to the UNIVERSITIE 1645. The Preface SYR AT my being with you last you seemed to bee much scandalized for the Church of England You told me you were well assured that her Doctrine was most true and orthodox her Government conform to the word of God and the best Ages of the Church her Liturgy an Extract of the Primitive Formes Nothing in all the whole composure but what did tend to edification and increase of Piety But that you were not satisfied in the waies and meanes by which this Church proceeded in her Reformation That you had heard it oft objected by some Partisans of the Church of Rome that our Religion was meere Parliamentarian or as Doctor Harding said long since That we had a Parliament-Religion a Parliament-Faith and a Parliament-Gospell to which Sanders and some others added That we had none but Parliament Bishops and a Parliament-Clergy That you were apt enough to think the Papists made not all this noise without some ground for it in regard you see the Parliaments in these latter times so bent to catch at all occasions whereby to manifest their power in Ecclesiasticall matters And finally that you were heartily ashamed that being so often choaked with these objections you neither knew how to traverse the Inditement or plead not guilty to the Bill This was the sum of your Discourse and upon this you did desire me to be think my selfe of some fit plaister for this sore to satisfie you if I could of your doubts and jealousies assuring me that your desires proceeded not from curiositie or an itch of knowledg or out of any disaffection to the high Court of Parliament but meerly from an honest zeale to the Church of England whose credit and renown you did far prefer before your life or whatsoever else could be deere unto you adding withall That if I would take paines for your satisfaction and help you out of those perplexities which you were involved in I should not only doe good service to the Church it selfe but to many a wavering Member of it whom these objections mainly stagger in their Resolution In fine that you desired to be informed how far the Parliaments of England have been interessed in the former times in matters which concern Religion and God's publique worship what ground there is for all this clamour of the Papists and whether the two Houses or eyther of them have exercised of old any such authority in things of Ecclesiasticall and Spirituall nature as they now pretend to VVhich though it be a dangerous and invidious Subject as the times now are yet for your sake and for the truths and for the honour also of Parliaments which seeme to suffer much in the accusation I shall undertake it Premising first that I intend not to say any thing to the point of Right whether or not the Parliament may lawfully meddle in such matters as concern Religion but shall apply my selfe only unto matters of fact as they relate unto the Reformation here by Lawe established And for my method in this businesse I will begin with the Ejection of the Pope and his authority descending next to the Translation of the Scriptures into the English tongue and the Reformation of the Church in Doctrinals and Formes of Worship and so proceed unto the power of making Canons for the well ordering of the Clergy and the direction of the people in all such particulars as doe concern them in the exercise of their Religion And in the canvasing of these points I shall make it good that till these busie and unfortunate dayes in which every man intrudeth on the Preistly function the Parliaments did not any thing at all either in matters Doctrinal or in making Canons or in translating of the Scriptures and that concerning Formes of Worship they did nothing neyther but strengthen and establish what was done before in the Clergy-way by adding the Secular authority to the Constitutions of the Church according to the usage of the best and happiest times of Christianity PARLIAMENTS POWER in Lawes for Religion 1. Of the Ejection of the Pope AND first beginning with the Ejection of the Pope and his authority that led the way unto the Reformation of Religion which did after follow It was first voted and decreed in the Convocation before ever it became the subject of an Act of Parliament For in the yeare 1530. 22o H. 8. the Clergy being caught in a Premunire were willing to redeeme their danger by a summe of money and to that end the Clergy of the Province of Canterbury bestowed upon the king the summe of 100000 pounds to be paid by equall portions in the five yeares following But the king would not so be satisfied unlesse they would acknowledge him for the supreme head on Earth of the Church of England which though it was hard meate and would not easily downe amongst them yet it passed at last For being throughly debated in a Synodicall way both in the upper and lower houses of Convocation they did in fine agree upon this expression Cujus Ecclesiae sc. Anglicanae singularem Protectorem unicum et supremum Dominum et quantum per Christi leges licet supremum Caput ipsius Majestatem recognoscimus To this they all assented and subscribed their hands and afterwards incorporated it into the publique Act or Instrument which was presented to the King in the name of his Clergy for the redeeming of their error and the graunt of their money which as it doth at large appeare in the Records and Acts of the Convocation so is it touched upon in an Historicall way in the Antiq. Britan Mason de Minist. Anglic. and some other Authors by whom it also doth appeare that what was thus concluded on by the Clergy of the Province of Canterbury was also ratified and confirmed by the Convocation for the Province of Yorke according to the usuall custom save that they did not buy their Pardon at so deare a rate This was the leading Card to the game which followed For on this ground were built the Statutes prohibiting all Appeales to Rome and for determining all Ecclesiasticall suites and controversies within the Kingdome 24. H. 8. c. 12. That for the manner of Electing and Consecrating of Archbishops and Bishops 25. H. 8. c. 20. and the prohibiting the payment of all impositions to the Court of Rome and for obtayning all such Dispensations from the See of Canterbury which formerly were procured from the Popes of Rome 25. H. 8. c 21. which last is built expresly upon this foundation That the King is the only supreme Head of the Church of England and was so recognized by the Prelates
the liberty granted to the people in having in their hands the bookes of the old and new Testament had beene much abused by many false glosses and interpretations which were made upon them tending to the seducing of the people especially of the younger sort and the raysing of sedition within the Realme And thereupon it was enacted by the authority of the Parliament on whom he was content to cast the envy of an Act so contrary to his former gracious Proclamations that all manner of bookes of the old and new Testament of the crafty false and untrue Translation of Tyndall be forthwith abolished and forbidden to be used and kept As also that all other Bibles not being of Tyndalls translation in which were found any Preambles or Annotations other than the quotations or Summaries of the Chapters should be purged of the said Preambles and Annotations eyther by cutting them out or blotting them in such wise that they might not be perceived or read And finally that the Bible be not read openly in any Church but by the leave of the King or of the Ordinary of the place nor privately by any Women Artificers Prentices Iourneymen Husbandmen Labourers or by any of the servants of Yeomen or under with severall paines to those who should doe the contrary This is the substance of the Statute of the 34. 35. H. 8. cap. 1. which though it shewes that there was somewhat done in Parliament in a matter which concern'd Religion which howsoever if you marke it was rather the adding of the penalties than giving any resolution or decision of the points in Question yet I presume the Papists will not use this for an Argument that we have eyther a parliament-Parliament-Religion or a Parliament-Gospell or that we stand indebted to the Parliament for the use of the Scriptures in the English Tongue which is so principall a part of the Reformation Nor did the Parliament speede so prosperously in the undertakiug which the wise King permitted them to have an hand in for the foresaid ends or found so generall an obedience in it from the common people as would have beene expected in these times on the like occasion but that the King was faine to quicken and give life to the Acts thereof by his Proclamatiom An. 1546. which you shall find in Fox his booke fol. 1427. To drive this nayle a little farther The terror of this Statute dying with H. 8. or being repealed by that of K. E. 6. 1 E. 6. c. 12. the Bible was againe made publique and not only suffered to be read by particular persons either privately or in the Church but ordered to be read over yearely in the Congregation as a part of the Liturgy or divine Service which how farre it relates to the Court of Parliament we shall see anon But for the publishing thereof in print for the use of the people for the comfort and edification of private persons that was done only by the King at least in his name and by his authority And so it also stood in Q. Elizabeths time the Translation of the Bible being againe reviewed by some of the most learned Bishops appointed thereunto by the Queenes Commission from whence it had the name of the Bishops-Bible and upon that Review reprinted by her sole Commandement and by her sole authority left free and open to the use of her well affected and Religious Subjects Nor did the Parliament doe any thing in all her Reigne with reference to the Scriptures in the English tongue otherwise than as the reading of them in that tongue in the Congregation is to be reckoned for a part of the English Liturgy whereof more hereafter In the translation of them into Welch or British somewhat indeed was done which doth looke this way It being ordered in the Parliament 5. Eliz. c. 28. That the B. B. of Hereford St. Davids Bangor Landaffe and St. Asaph Should take care amongst them for translating the whole Bible with the booke of Common Prayer into the Welch or British tongue on paine of forfeiting 40 a peece in default hereof And to encourage them thereunto it was enacted that one booke of either sort being so translated and imprinted should be provided and bought for every Cathedrall Church as also for all parish Churches and Chappells of ease where the said tongue is commonly used the Ministers to pay the one halfe of the price and the parishioners the other But then you must observe withall that it had beene before determined in the Convocation of the selfe same yeare An. 1562. That the Common-prayer of the Church ought to be celebrated in a tongue which was understood by the people as you may see in the booke of Articles of Religion Art 24. which came out that yeare and consequently as well in the Welch or British as in any other And for the new Translation of K. Iames his time to shew that the Translation of Scripture is no worke of Parliament as it was principally occasioned by some passages in the Conference at Hampton Court without recourse unto the Parliament so was it done only by such men as the King appointed and by his authority alone imprinted published and imposed care being taken by the Canon of the yeare 1603. That one of them should be provided for each severall Church at the charge of the Parish No flying in this case to an Act of Parliament either to authorize the doing of it or to impose it being done 3. Of the Reformation of Religion in points of Doctrine NExt let us look upon the method used in former times in the reforming of the Church whether in points of Doctrine or in formes of Worship and we shall find it still the same The Clergy did the worke as to them seemed best never advising with the Parliament but upon the post fact and in most cases not at all And first for Doctrinals there was but little done in king Henries time but that which was acted by the Clergie only in their Convocations and so commended to the people by the Kings sole authority the matter never being brought within the cognizance of the two Houses of Parliament For in the yeare 1536 being the yeare in which the Popes authoritie was for ever banished there were some Articles agreed on in the Convocation and represented to the King under the hands of all the Bishops Abbats Priors and inferiour Clergy usually called unto those meetings the Originall whereof being in Sir Robert Cottons Library I have often seene which being approved of by the King were forthwith published under the Title of Articles devised by the Kings Highnesse to stable Christian quietnesse and unity amongst the people In which it is to be observed first that those Articles make mention of 3 Sacraments only that is to say of Baptisme Penance and the Sacrament of the Altar And secondly that in the declaration of the Doctrine of Iustification Images honouring of the Saints departed as also concerning many
thing at all with the booke of Articles Where by the way if you behold the lawfullnesse of Priests Marriages as a matter Doctrinall or thinke we owe that Point of Doctrine and the indulgence granted to the Clergy in it to the care and goodnesse of the Parliament you may please to know that the point had beene before determined in the Convocation and stands determined by and for the Clergy in the 31. of those Articles and that the Parliament looked not on it as a point of Doctrine but as it was a matter practicall conducing to the benefit and improvement of the Common-wealth Or if it did yet was the Statute built on no other ground-worke than the resolution of the Clergy the Marriage of Priests being before determined to be most lawfull I use the very words of the Act it selfe and according to the word of God by the learned Clergy of this Realm in their Convocations as well by the common assent as by subscription of their hands 5.6 Ed 6. c. 12. And for the time of Q. Elizabeth it is most manifest that they had no other body of Doctrine in the first part of her Reigne then only the said Articles of K. Edward's booke and that which was delivered in the booke of Homilies of the said kings time in which the Parliament had as little to doe as you have seene they had in the booke of Articles But in the Convocation of the yeare 1562. being the fifth of the Queenes Reigne the Bishops and Clergy taking into consideration the said booke of Articles and altering what they thought most fitting to make it more conducible to the use of the Church and the edification of the people presented it unto the Queene who caused it to be published with this name and Title viz. Articles whereupon it was agreed by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London An. 1562. for the avoiding of diversitie of opinions and for establishing of consent touching true Religion put forth by the Queenes authority Of any thing done or pretended to be done by the power of Parliament either in the way of approbation or of confirmation not one word occurres either in any of the printed bookes or their publique Registers At last indeed in the thirteenth of the said Queenes Reigne which was eight yeares full after the passing of those Articles comes out a Statute for the redressing of disorders in the Ministers of holy Church In which it was enacted That all such as were ordeined Priests or Ministers of God's Word and Sacraments after any other forme than that appointed to be used in the Church of England all such as were to be ordeined or permitted to preach or to be instituted into any Benefice with cure of Soules should publiquely subscribe to the said Articles and testifie their assent unto them which shewes if you observe it well that though the Parliament did well allow of and approve the said booke of Articles yet the said booke owes neither confirmation nor authority to the Act of Parliament So that the wonder is the greater that that most insolent scoffe which is put upon us by the Church of Rome in calling our Religion by the name Parliamentaria Religio should passe so long without controle unlesse perhaps it was in reference to our Formes of worship of which I am to speake in the next place But first we must make answere unto some objections which are made against us both from Law and practise For Practise first it is alleaged by some out of Bishop Iewell in his answere to the cavill of Dr. Harding to be no strange matter to see Ecclesiasticall causes debated in Parliament and that it is apparent by the Lawes of K. Inas K. Alfred K. Edward c. That our godly forefathers the Princes and Peeres of this Realme never vouchsafed to treate of matters touching the common State before all controversies of Religion and Causes Ecclesiasticall had beene concluded Def. of the Apol. pt. 6. c. 2. 1. But the answere unto this is easy For first if our Religion may be called Parliamentarian because it hath received confirmation and debate in Parliament then the Religion of our Forefathers even Papistry it selfe concerning which so many Acts of Parliament were made in K. Henry 8. and Q. Maries time must be called Parliamentarian also And Secondly it is most certaine that in the Parliaments or Common Councels call them which you will both of King Inas time and the rest of the Saxon Kings which Bishop Iewell speakes of not only Bishops Abbats and the higher part of the Clergy but the whole body of the Clergy generally had their votes and suffrages eyther in person or by Proxy Concerning which take this for the leading Case That in the Parliament or Common Councell in K. Ethelbert's time who first of all the Saxon Kings received the Gospell the Clergy were convened in as full a manner as the Lay subjects of that Prince Convocato coÌ„muni Concilio tam Cleri quà m Populi saith Sr. H. Spelman in his Collection of the Councels An. 605. p. 118. And for the Parliament of King Ina which leades the way in Bishop Iewell it was saith the same Sr. H. Spelman p. 630. Commune Concilium Episcoporum Procerum Comitum necnon omnium Sapientum Seniorum populorumque totius Regni where doubtlesse Sapientes and Seniores and you know what Seniores signifieth in the Ecclesiasticall notion must be some body else then those which after are expressed by the name of Populi which shewes the falshood and absurdity of the collection made by Master Prynne that in the epistle to his booke against Doctor Cousins viz. That the Parliament as it is now constituted hath an ancient genuine just and lawfull Prerogative to establish true Religion in our Church and to abolish and suppresse all false new and counterfeit doctrines whatsoever unlesse he meanes upon the post-fact after the Church hath done her part in determining whâ—t was true what false what new what ancient and finally what Doctrines might be counted counterfeit and what sincere And as for Law 't is true indeed that by the Statute 1 Eliz. cap. 1. The Court of Parliament hath pawer to determine and judge of Heresie which at first sight seemes somewhat strange but on the second view you will easily finde that this relates only to new and emergent Heresies not formerly declared for such in any of the first foure Generall Councells nor in any other Generall Councell adjudging by expresse words of holy Scripture as also that in such new Heresies the following words restraine this power to the Assent of the Clergy in their Convocation as being best able to instruct the Parliament what they are to doe and where they are to make use of the secular sword for cutting off a desperat Heretick from the Church of CHRIST or rather from the body of all Christian people 4. Of the Formes
of Worship THIS rub removed we now proceed unto a view of such formes of Worship as have beene setled in this Church since the first dawning of the day of Reformation in which our Parliaments have indeed done somewhat though it be not much The first point which was altered in the publique Liturgies was that the Creed the Pater-noster and the ten Commandements were ordered to be said in the English tongue to the intent the people might be perfect in them and learn them without book as our phrase is The next the setting forth and using of the English Letanie on such daies and times in which it was accustomably to be read as a part of the Service But neither of these two was done by Parliament nay to say truth the Parliament did nothing in them All which was done in eyther of them was only by the Kings authority by virtue of the Head ship or Supremacy which was vested in him eyther cooperating and concurring with his Convocation or else directed and assisted by such learned Prelates with whom he did advise in matters which concern'd the Church and did relate to Reformation By virtue of which Head-ship or Supremacy he ordained the first and to that end caused certain Articles or Injunctions to be published by the Lord Cromwell then his Vicar-Generall An. 1536. And by the same did he give order for the second I meane for the saying of the Letany in the English tongue by his own royall Proclamation An. 1545. for which consult the Acts Mon. fol. 1248. 1312. But these were only preparations to a greater worke which was reserved unto the times of King Ed. 6. In the beginning of whose Reigne there passed a Statute for the administring the Sacrament in both kindes to any person that should devoutly and humbly desire the same 1 Ed. 6. cap. 1. In which it is to be observed that though the Statute doe declare that the ministring of the same in both kinds to the people was more agreeable to the first Institution of the said Sacrament and to the common usage of the primitive times Yet Mr. Fox assures us and we may take his word that they did build that Declaration and consequently the Act which was raised upon it upon the Iudgement and opinion of the best learned men whose resolution and advise they followed in it fol. 1489. And for the Forme by which the said most Blessed Sacrament was to be so delivered to the Common people it was commended to the care of the most grave and learned Bishops and others assembled by the King at his Castle of Windsor who upon long wise learned and deliberate advice did finally agree saith Fox upon one Godly and uniform Order for receiving the same according to the right rule of Scriptures and the first use of the primitive Church fol. 1491. which Order as it was set forth in print An. 1548. with a Proclamation in the name of the King to give authority thereunto amongst the people so was it recommended by especiall Letters writ unto every Bishop severally from the Lords of the Counsell to see the same put in execution A copy of which Letters you may find in Fox fol. 1491. as afore is said Hitherto nothing done by Parliament in the Formes of Worship but in the following yeare there was For the Protector and the rest of the Kings Counsell being fully bent for a Reformation thought it expedient that one uniform quiet and godly Order should be had throughout the Realm for Officiating God's Divine Service And to that end I use the very words of the Act it selfe appointed the Archbishop of Canterbury and certain of the most learned and discreet Bishops and other learned men of the Realm to meet together requiring them that having as well eye and respect to the most pure and sincere christian Religion taught in Scriptures as to the usages in the primitive Church they should draw and make one convenient and meet Order Rite and Fashion of Common Prayer and Administration of Sacraments to be had and used in this his Majesties Realm of England Well what did they being thus assembled that the Statute tells us where it is said that by the ayd of the holy Ghost I pray you marke this well and with one uniform agreement they did conclude upon and set forth an Order which they delivered to the Kings Highnesse in a book entituled The Booke of Common-Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church after the use of the Church of England All this was done before the Parliament did any thing But what was done by them at last Why first considering the most godly travaile of the Kings Highnesse and the Lord Protector and others of his Highnesse Counsell in gathering together the said Bishops and learned men Secondly the godly prayers Orders Rites and Ceremonies in the said book mentioned Thirdly the motives and inducements which inclined the aforesaid learned men to alter those things which were altered and to reteine those which were reteined and finally taking into consideration the honour of God and the great quietnesse which by the grace of God would ensue upon it they gave his Majesty most hearty and lowely thanks for the same and most humbly prayed him that it might be ordeined by his Majesty with the assent of the Lords and Commons assembled in Parliament and by authority of the same that the said Form of Common-prayer and none other after the Feast of Pentecost next following should be used in all this Majesties Dominions with severall penalties to such as either should deprave or neglect the same 2. 3. Ed. 6. cap. 1. So far the very words of the Act it selfe By which it evidently appeareth that the two Houses of Parliament did nothing in the present businesse but impose that Form upon the people which by the learned and religious Clergie men whom the King appointed thereunto was agreed upon and made it penall unto such as eyther should deprave the same or neglect to use it And thus doth Poulton no meane Lawyer understand the Statute who therfore gives no other Title to it in his Abridgement published in the yeare 1612 than this The Penalty for not using uniformity of Service and Ministration of the Sacraments So then the making of one uniform Order of celebrating Divine Service was the worke of the Clergy the making of the Penalties was the worke of the Parliament And so much for the first Liturgy of King Edwards Reigne in which you see how little was done by the authority or power of Parliament so little that if it had beene lesse it had been just nothing But some exceptions being taken against the Liturgy by some of the preciser sort at home and by Calvin abroad the book was brought under a review and though it had been framed at first if the Parliament which said so erred not by the ayd of the holy Ghost himself yet to comply
Power in Spirituall matters from no other hands than those of Christ and his Apostles their Temporall honors and possessions from the bounty and affection only of our Kings and Princes their Ecclesiasticall Jurisdiction in Causes Matrimoniall Testamentary and the like for which no Action lieth at the Common-Lawe from continuall usage and prescription and owe no more unto the Parliament than all sort of Subjects doe besides whose fortunes and Estates have been occasionally and collaterally confirmed in Parliament And as for the particular Statutes which are touched upon that of the 24 H. 8. doth only constitute and ordain a way by which they might be chose and consecrated without recourse to Rome for a confirmation which formerly had put the Prelates to great charge and trouble but for the Form and manner of their Consecration the Statute leaves it to those Rites and Ceremonies wherewith before it was performed And therefore Sanders doth not stick to affirm that all the Bishops which were made in King Henries dayes were Lawfully and Canonically ordained and Consecrated the Bishops of that time not only being taken and acknowledged in Queen Maries dayes for lawfull and Canonicall Bishops but called on to assist at the Consecration of such other Bishops Cardinall Poole himselfe for one as were promoted in her Reigne whereof see Mason's book de Minist. Ang. l. 3. c.. Next for the Statute 1 Ed. 6. cap. 2. besides that it is satisfied in part by the former Answer as it relates to their Canonicall Consecrations it was repealed in Terminis in the first of Q. Maries Reigne and never stood in force nor practice to this day That of the authorizing of the book of Ordination in two severall Parliaments of that King the one a parte antè and the other a parte pòst as before I told you might indeed seem somewhat to the purpose if any thing were wanting in it which had been used in the formula's of the Primitive times or if the book had been composed in Parliament or by Parliament men or otherwise received more Authority from them then that it might be lawfully used and exercised throughout the Kingdom But it is plain that none of these things were objected in Queen Maries dayes when the Papists stood most upon their points the Ordinall not being called in because it had too much of the Parliament but because it had too little of the Pope and relished too strongly of the Primitive Piety And for the Statute of the 8 of Q. Elizabeth which is cheifly stood on all that was done therein was no more than this and on this occasion A question had been made by captious and unquiet men and amongst the rest by Dr. Bonner sometimes Bishop of London whether the Bishops of those times were lawfully ordained or not the reason of the doubt being this which I mervaile Mason did not see because the Book of Ordination which was annulled and abrogated in the first of Q. Mary had not been yet restored and revived by any legall Act of Q. Elizabeths time which Cause being brought before the Parliament in the 8. yeare of her Reigne the Parliament took notice first that their not restoring of that book to the former Power in Termes significant and expresse was but Casus omissus and then declare that by the Statute 5 6 Ed. 6. It had been added to the Book of Common Prayer and Administration of the Sacraments as a member of it at least as an Appendant to it and therefore by the Statute 1 Eliz. c. 2. was restored againe together with the said book of Common Prayer intentionally at the least if not in Terminis But being the words in the said Statute were not cleare enough to remove all doubts they therefore did revive it now and did accordingly enact that whatsoever had been done by virtue of that Ordination should be good in Lawe This is the Totall of the Statute and this shewes rather in my judgement that the Bishops of the Queenes first times had too little of the Parliament in them then that they were conceived to have had too much And so I come to your last objection which concernes the Parliament whose entertayning all occasions to manifest their power in Ecclesiasticall matters doth seem to you to make that groundles slander of the Papists the more faire and plausible 'T is true indeed that many Members of both Houses in these latter times have been very ready to imbrace all businesses which are offered to them cut of a probable hope of drawing the managery of all Affaires as well Ecclesiasticall as Civill into their own hands and some there are who being they cannot hope to have their fancies authorised in a Regular way doe put them upon such designes as neither can consist with the nature of Parliaments nor the esteem and reputation of the Church of Christ And this hath been a practice even as old as Wicklef who in the time of K. Rich. 2. addressed his Petition to the Parliament as we reade in Walsingham for the Reformation of the Clergy the rooting out of many false and erroneous Tenents and for establishing of his own Doctrines who though he had some Wheat had more Tares by ods in the Church of England lest he might be thought to have gone a way as dangerous and unjustifiable as it was strange and new he laid it down for a Position that the Parliament or Temporall Lords where by the way this ascribes no authority or power at all to the House of Commons might lawfully examine and Reform the Disorders and Corruptions of the Church and on discovery of the errors and corruptions of it devest her of all Titles and Temporall endowments till she were reformed But for all this and more than this for all he was so strongly backed by the Duke of Lancaster neither his Petition nor his Position found any welcome in the Parliament further than that it made them cast many a longing eye on the Churches Patrimony or produced any other effect towards the worke of Reformation which he chiefly aymed at then that it hath since served for a Precedent to Penry Pryn and such like turbulent Innovators to disturbe the Church and set on foot those dreames and dotages which otherwise they durst not publish And to say truth as long as the Clergy were in power and had authority in Convocation to doe what they would in matters which concern'd Religion those of the Parliament conceived it neither safe nor fitting to intermeddle in such businesse as concern'd the Clergy for feare of being questioned for it at the Churches barre But when that power was lessen'd if it were not lost by the Submission of the Clergy to K. H. 8. and the Act of the Supremacy which ensued upon it then did the Parliaments begin to intrench upon the Church's Rights to offer at and enterteine such businesses as formerly were held peculiar to the Clergy only next to dispute their Charters and reverse
of the usuall Ceremonies and the fire of Purgatory they differ'd very much from those opinions which had beene formerly received in the Church of Rome as you may partly see by that extract of them which occurres in Fox his Acts and Monuments vol. 2. fol. 1246. For the confirming of which booke and recommending it to the use of the people his Majesty was pleased in the Injunctions of the yeare 1536. to give command To all Deanes Parsons Vicars and Curats so to open and declare in their Sermons and other Collations the said Articles unto them which be under their Cure that they might plainly know and discerne which of them be necessary to be beleeved and observed for their salvation and which doe only concerne the Decent and politique Order of the Church And this he did upon this ground that the said Articles had beene concluded and condiscended upon by the Prelates and Clergy of the Realme in their Convocation as appeareth in the very words of the Injunction for which see Fox his Acts and Monuments fol. 1247. I finde not any thing in Parliament which relates to this either to countenance the worke or to require obedience and conformity from the hands of the people And to say truth neither the King nor Clergy did account it necessary but thought their owne authority sufficient to goe through with it though certainly it was more necessary at that time then in any since the power and reputation of the Clergy being under foot the King scarce setled in the Supremacy so lately recognized unto him and therfore the authority of the Parliament of more use than afterward in times well ballanced and established 'T is true that in some other yeares of that Princes Reigne we finde some use and mention of an Act of Parliament in matters which concern'd Religion but in was only in such times when the hopes of Reformation were in the wane and the worke went retrograde For in the yeare 1539. being the 31 H. 8. When the Lord Cromwel's power began to decline and the King was in a necessitie of compliance with his neighbouring Princes there passed an Act of Parliament commonly called the Statute of the six Articles or the whip with six stringes In which it was enacted That whosoever by word or writing should preach teach or publish that in the blessed Sacrament of the Altar under forme of bread and wine there is not really the naturall Body and Blood of our Saviour Jesus Christ conceived of the virgin Mary or affirme otherwise thereof then was maintained and taught in the Church of Rome should be adjudged an Heretick and suffer death by burning and forfeit all his Lands and Goods as in case of high Treason Secondly that Whosoever should teach or preach that the Communion of the blessed Sacrament in both kindes is necessary for the health of mans Soule and ought so to be ministred Thirdly or that any man after the Order of Priest-hood received might marry or contract matrimony Fourthly or that any woman which had vowed and professed chastity might contract marriage Fifthly or that private Masse were not lawfull and laudable and agreeable to the word of God Or sixthly that Auricular Confession was not necessary and expedient to be used in the Church of God should suffer death and forfeit Lands and Goods as a felon 31 of H. 8. c 14. The rigour of which terrible Statute was shortly after mitigated in the said Kings Reigne 32. H. 8. c 10. and 35. of H. 8. c. 5. and the whole Statute absolutely repealed by Act of Parliament 1. Ed. 6. c. 12. But then it is to be observed first that this Parliament of King Henry the Eighth did not determine any thing in those six points of Doctrine which are therein recited but only tooke upon them to devise a course for the suppressing of the contrary opinions by adding by the secular Power the punishment of Death and forfeiture of Lands and Goods unto the censures of the Church which were grown weake if not invalid and consequently by degrees became neglected ever since the said King Henry tooke the Headship on him and exercised the same by a Lay Vicar-Generall And secondly you must observe that it appeareth evidently by the Act it selfe that at the same time the King had called a Synod and Convocation of all the Archbishoppes Bishoppes and other learned men of the Clergy that the Articles were first deliberately and advisedly debated argued and reasoned by the said Archbishops Bishops and other learned men of the Clergy and their opinions in the same declared and made knowne before the matter came in Parliament and finally that being brought into the Parliament there was not any thing declared and passed as doctrinall but by the assent of the Lords spirituall and other learned men of the Convocation as by the Act it selfe doth at large appeare Finally whatsoever may be drawne from hence can be only this That King Henry did make use of his Court of Parliament for the establishing and confirming of some points of Popery which seemed to be in danger of a Reformation And this compared with the Statute of the 34. 35. prohibiting the reading of the Bible by most sorts of people doth clearely shew that the Parliaments of those times did rather hinder and retard the worke of Reformation in some especiall parts thereof than give any furtherance to the same But to proceede There was another point of Reformation begunne in the Lord Cromwel's time but not produced nor brought unto perfection till after his decease and then too not without the midwifery of an Act of Parliament For in the yeare 1537. the Bishops and others of the Clergy of the Convocation had composed a booke entituled the Institution of a Christian man which being subscribed by all their hands was by them presented to the King by his most excellent judgement to be allowed of or condemned This booke conteyning the cheife heads of Christian Religion was forth with printed and exposed to publique view But some things not being clearely explicated or otherwise subject to exception he caused it to be reviewed and to that end as Supreme Head on Earth of the Church of England I speake the very words of the Act of Parliament 32. H. 8 c. 26. appointed the Archbishops and Bishops of both Provinces and also a great number of the best learned honestest and most virtuous sort of the Doctors in Divinity men of discretion judgement and good disposition to be called together to the intent that according to the very Gospell and Law of God without any partiall respect or affection to the Papisticall sort or any other Sect or Sects whatsoever they should declare by writing and publish as well the principall Articles and Points of our Faith and Beleife with the Declaration true understanding and observation of such other expedient points as by them with his Grace's advise Counsaile and Consent shall be thought needfull and expedient As
power on the Common-prayer Book but it is not so there being a specification of the holy daies in the book it selfe with this direction These to be observed for holy daies and none other in which the Feasts of the Conversion of St. Paul and the Apostle Barnabas are omitted plainly and upon which specification the Stat. 5. 6. Ed. 6. cap. 3. which concerns the holy daies seemes most exprestly to be built And for the Offices on those daies in the Common-prayer Book you may please to know that every holy-day consisteth of two speciall parts that is to say Rest or cessation from bodily labour and celebration of Diuine or Religious duties and that the dayes before remembred are so far kept holy as to have still their proper and peculiar Offices which is observed in all the Cathedralls of this kingdome and the Chappels Royall where the service is read every day and in most Parish churches also as oft as eyther of them fals upon a Sunday though the people be not on those daies enjoyned to rest from bodily labour no more then on the Coronation day or the fifth of November which yet are reckoned by the people for a kind of holy daies Put all which hath been said together and the summe is this That the proceedings of this Church in the Reformation were not meerly Regall as it is objected by some Puritans much lesse that they were Parliamentarian in so great a work as the Papists falsely charge upon us the Parliaments for the most part doing little in it but that they were directed in a justifiable way the worke being done Synodically by the Clergie only according to the usage of the Primitive times the King concurring with them and corroborating what they had resolved on eyther by his own single Act in his Letters Patent Proclamations and Injunctions or by some publique Act of State as in times and by Acts of Parliament 5. Of the power of making Canons for the well ordering of the Clergy and the directing of the People in the publique duties of Religion WE are now come to the last part of this Designe unto the Power of making Canons in which the Parliament of England have had lesse to doe than in eyther of the other which are gone before Concerning which I must desire you to remember that the Clergy who had power before to make such Canons and Constitutions in their Convocations as to them seemed meet promised the King in verbo Sacerdotii not to Enact or Execute any new Canons but by his Majesties royall Assent and by his Authority first obteined in that behalfe Which is thus briefly touched upon in the Antiq. Britan. in the life of William Warham Archbishop of Canterbury Clerus in verbo Sacerdotii fidem Regi dedit ne ullas deinceps in Synodo ferrent Ecclesiasticas leges nisi Synodus authoritate Regiâ congregata Constitutiones in Synodis publicatae eadem authoritate ratae essent Upon which ground I doubt not but I might securely raise this proposition That whatsoever the Clergy did or might doe lawfully before the Act of Submission in their Convocation of their owne power without the Kings authority and consent concurring the same they can and may doe still since the said Act of their Submission the Kings authority and consent cooperating with them in their Counsailes and giving confirmation to their Constitutions Further it doth appeare by the aforesaid Act. 25. H. 8. c. 19. That all such Canons Constitutions Ordinances and Synodalls Provinciall as were made before the said Submission which be not contrariant nor repugnant to the Lawes Statutes and Customes of this Realm nor to the Damage or hurt of the Kings prerogative Royall were to be used and executed as in former times And by the Statute 26. H. 8. c. 1. Of the Kings Supremacy that according to the Recognition made in Convocation our said Soveraigne Lord his Heires and Successors Kings of this Realm shall have full power and authority from time to time to visit represse reform order correct c. all such errors heresies abuses offences contempts and enormities whatsoever they be c. as may be most to the pleasure of Almighty God the increase of virtue in Christs Religion and for the peace unity and tranquillity of this Realm and the confirmation of the same So that you see these severall waies of ordering matters for the publique weale and governance of the Church First by such ancient Canons and Constitutions as being made in former times are still in force Secondly By such new Canons as are or shall be made in Convocation with and by the Kings Consent And thirdly by the sole authority of the Soveraigne Prince according to the Precedents laid down in the book of God and the best ages of the Church Concerning which you must remember what was said before viz. that the Statutes which concern the Kings Supremacy are Declaratory of an old Power only not introductory of a new which said we shall the better see whether the Parliament have had any thing to doe either in making Canons or prescribing Orders for the regulating of Spirituall and Ecclesiasticall matters and unto whom the same doth of right belong according to the Lawes of the Realm of England And first King Henry being restored to his Head-ship or Supremacy call it which you will did not conceive himself so absolute in it though at first much enamor'd of it as not some times to take his Convocation with him but at all times to be advised by his Prelates when he had any thing to doe that concerned the Church for which there had been no provision made by the Ancient Canons grounding most times his Edicts and Injunctions Royall upon their advise and resolution For on this ground I mean the judgement and conclusions of his Convocation did he set out the Injunctions of the yeare 1536. for the abolishing of superstitious and superfluous holy daies the exterminating of the Popes authority the publishing of the book of Articles which before we spake of num 8. by all Parsons Vicars and Curats for preaching down the use of Images Reliques Pilgrimages and superstitious Miracles for rehearsing openly in the Church in the English tongue the Creed the Pater-noster and the ten Commandements for the due and reverent ministring of the Sacraments and Sacramentals for providing English Bibles to be set up in every Church for the use of the people for the regular and sober life of Clergy men and the releefe of the poore And on the other side the King proceeded some times only by the advice of his Prelates as in the Injunctions of the yeare 1538. for quarterly Sermons in each Parish for admitting none to preach but men sufficiently Licensed for keeping a Register book of Christnings Weddings and Burialls for the due paying of Tythes as had been accustomed for the abolishing of the commemoration of St. Tho. Becket for singing Parce nobis