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A91309 Truth triumphing over falshood, antiquity over novelty. Or, The first part of a just and seasonable vindication of the undoubted ecclesiasticall iurisdiction, right, legislative, coercive power of Christian emperors, kings, magistrates, parliaments, in all matters of religion, church-government, discipline, ceremonies, manners: summoning of, presiding, moderating in councells, synods; and ratifying their canons, determinations, decrees: as likewise of lay-mens right both to sit and vote in councells; ... In refutation of Mr. Iohn Goodwins Innocencies Triumph: my deare brother Burtons Vindication of churches, commonly called Independent: and of all anti-monarchicall, anti-Parliamentall, anti-synodicall, and anarchicall paradoxes of papists, prelates, Anabaptists, Arminians, Socinians, Brownists, or Independents: whose old and new objections to the contrary, are here fully answered. / By William Prynne, of Lincolnes Inne, Esquire. Prynne, William, 1600-1669. 1645 (1645) Wing P4115; Thomason E259_1; ESTC R212479 202,789 171

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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. 1● 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 bu●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
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 qu●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 pre●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 Prela●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 Deli●●●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 Marty● 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 conc●usions and mine● 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 Conventi●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. ●2 H. 4. c. 15. ● 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
' 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. Ia●●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 privi●● 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. 58● 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
in the Kingdome of Britaine The Romane and Caesarean Lawes Wee may at all times reject but the Law of God by no meanes You have lately by Gods mercy received the Law and Faith of Christ in the Kingdom of Britaine You have with you in the Realme both Testaments out of them by Gods grace PER CONSILIVM REGNI VESTRI SVME LEGEM By the Councell of Your Realme not of your Clergy or Prelates take a Law and by it through Gods power You may governe Your Realm of Britain For You are Gods Vicar as Bracton likewise stiles our Kings in Your Realme c. Lo here the Pope himselfe resolves the King and great Councell of this Realme the Parliament not Clergy or Convocation to bee the only proper makers of Lawes to govern the Church and Kingdom by Anno 446. Germanus and Lupus two learned Bishops being sent hither out of France to suppresse the spreading dangerous Pelagian Heresie there was upon this occasion a Synod assembled at Verolam whereunto a numerous multitude of men together with their wives and children repaired ADERAT POPVLVS EXPECTABATVR FVTVRVS IVDEX The People were present expected to be the future Judge Adstabant partes dispari conditione consimiles Indè divina fides hinc humana praesumptio indè Christus hinc Pelagius autor perversae pravitatis c. After a long dispute Vanity is convinced confounded perfidiousnesse refuted being unable to answer the objections POPVLVS ARBITER vix manus continet JVDICIVM CVM CLAMORE CONTESTANDO c. The People being Arbitrator scarce hold their hands GIVING IVDGEMENT with a shout These things thus acted an innumerable company of both Sexes were converted to the Lord. In this first Synod that wee read of held within our Island the People were present as well as the Clergy and that not only as Auditors but Judges giving the finall Sentence in this great controversie concerning Religion Anno 449. There was another British Councell held by the said Germanus and Severus MAGNOQVE Clericorum ET LAICORVM NVMERO and a great number of Clergy-men and LAY-MEN against the reviving Errors of Pelagius and King Vortigerne 's incestuous marriage with his daughter OMNIVMQVE SENTENTIA pravitatum perversitas cum suis Autoribus condemnatur So that the Laity as well as the Clergy gave Sentence in this Synod against this Heresie and the Authors of it Nennius cap. 37. addes of this Councell concerning Vortigerne Dum conventa esset magna Synodus Clericorum ET LAICORVM in uno Concilio c. Ipse Rex maledictus est damnatur à beato Germano OMNI CONCILIO BRITONVM So that Lay-men were present and gave sentence together with the Clergy in this second Synod held in this our Isle About the yeare 612. King Ethelbert Genti suae Decreta Judiciorum as well in Ecclesiasticall as Temporall causes juxta exempla Romanorum CVM CONCILIO SAPENTVM INSTITVIT c. as Beda witnesseth About the yeare 627. Edwin King of Northumberland being perswaded to become a Christian returned this answer That he was about to conferre with his friends and COVNSELLORS concerning this thing and that if they would agree in opinion with him they would all be consecrated to Christ together in the Fountaine of life Hee did as hee had said Habito enim CVM SAPIENTIBVS CONCILIO For holding a Councell with his wise-men hee demanded severally of them all What this Doctrine which they had not hitherto heard of and the new worship of the Deity which was preached seemed to them And after some debate Coifi declaring his opinion that their former Religion had no vertue in it and that the Christian was farre better and to bee imbraced the rest of the Elders and Kings Counsellors concurred in opinion with him Whereupon they resolved forthwith to anathematize and burne with fire the Altars and Temples they had consecrated without fruit with the Idols in them Which done King Edwin with all the Nobles of his Nation and very many of the common people imbraced the Christian Faith and were Baptized Leo here a Pagan King and his Parliament determine the Christian Religion to be truest and thereupon renounce their former Idolatry and resolve to embrace the Christian Faith In the yeare 663. there was a great Councell held at Strenaeshale to decide the controversie concerning the due time of keeping Easter in which Councell King Oswey and his sonne Alfred with MANY NOBLES Bishops Clerks and LAY-MEN were present Colman and his Scottish Clergy maintained that it ought to bee kept after the Jewish computation Agilbert and his party held the contrary that it ought to bee observed at the time the Westerne Church solemnized it The Councell being sate King Oswey who presided in it before any debate of the Controversie made a solemne Speech unto them to this effect necessary for our times That it behoved those who served one God to hold one rule of living and serving him and not to differ in the celebration of heavenly Sacraments since they all expected one Kingdome in heaven Therefore they should rather inquire which was the truer tradition and that this should bee commonly followed by all Which said hee commanded Bishop Colman to relate what Rite it was which hee observed and whence it derived its originall Which Colman doing the King then commanded Bishop Wilfrid who was of the contrary party to declare his opinion and the grounds of it which hee did After long debate on either side the King gave sentence for VVilfreds opinion against Colman and his party because St. Peter who had the custody of Heaven Gates did by Colmans owne confession keep Easter as VVilfred held they ought to doe The King giving this resolution with his hands lifted up to heaven faverunt assidentes quique sive astantes majores unà cum mediocribus et abdicata minus perfecta institutione ad ea quae meliora cognoverant sese transferre festinabant all the great and meane Persons sitting and standing by concuring with the King gave sentence against Coleman for VVilfred and observed Easter accordingly ever after in their practice Here we finde the Clergy men only the debaters but the King Nobles and Commons the sole Judges and Resolvers of this Controversie and that in a most eminent generall Nationall Councell Anno 673. there was a Councell held at Hertford under Theodor Archbishop of Canterbury praesentibus Episcopis Angliae ET REGIBVS ET MAGNATIBVS VNIVERSIS writes Mathew Westminster at which all the Bishops Kings and great men of England were present All these sitting together Theodor propounded some Chapters or Canons concerning Church affaires before Them all which were afterwards assented to and subscribed Anno 684. There was a Councell held neare the River of Alne sub praesentia Regis Egfridi in the presence of King Egfrid who sate president in it Anno 692. King Ina made and published sundry notable ecclesiasticall laws concerning Religion Church government and
from Laity and Clergy Protestants of all sorts as well Presbyterians a● 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 juri●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 ●●●ding his Antagonist An●●gonist answering thereunto just as some Independen●● 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 pla●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 Father● 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 El●●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
over them both in and out of Synods After this in the very height of Popery and the revivall of it in England in the first year of Queen Mary a Parliament and Convocation being summoned to re-establish Popery the Queen her selfe appointed and commanded a publike Disputation to be held at Pauls Church in London in the Convocation house about the matter of the Sacrament which was accordingly held and continued six whole dayes many Earles Lords knights Gentlemen and divers of the Parliament Court and City being present at it to the end that they might constitute Laws of the matters of Religion debated which the Queen and Parliament might ratifie The Disputation being ended The Queen sent a Writ to Bonner Bishop of London to dissolve the Convocation which was done accordingly So that this Convocation did nothing in matter of doctrine or discipline even in these times of Popery but what the Queen did first direct and limit them Queen Mary deceasing and Queen Elizabeth a Protestant Princesse succeeding her called a Parliament and Convocation to suppresse Popery and re-establish the Protestant true Religion To effect which with more facility this pious Queen having heard of the diversity of opinions in maters of Religion among sundry of her loving Subjects and being very desirous to have the same reduced to some godly and christian concord by the advice of the Lords and others of the Privy Councell as well for the satisfaction of persons doubtfull as also for the knowledge of the very truth in certain matters of difference commanded a convenient chosen number of the best learned of either part to conferre together their opinions and reasons concerning three particular points that should be prescribed to them thereby to come to some good and charitable agreement with all convenient speed Hereupon nine of the learnedst Papists were chosen on the one side and nine of the ablest Protestants on the other to debate these three Propositions prescribed to them in writing 1. It is against the word of God and the custome of the ancient Church to use a tongue unknown to the people in common Prayer and the administration of the Sacraments 2. Every Church hath authority to appoint take away and change Ceremonies and Ecclesiasticall Rites so the same be to edification 3. It cannot be proved by the word of God that there is in the Masse offered up a sacrifice propitiatory for the quick and the dead It was further resolved by the Queens Majesty that the conference on both parties should be in writing for avoiding much altercation of words that both sides should declare their minds opinions and reasons in writing and at the same day deliver them mutually one to the other to be considered and to return their answers thereto in writing by a certaine day Immediately herupon divers Nobles and States of the Realme understanding that such a meeting and conference should be in certain matters whereupon In the Court of Parliament consequently following some Lawes might be grounded they made earnest request to her Majesty that the parties of this conference might be ordered to put and read their Assertions in the English tongue and that in the presence of them of the Nobility and of The Parliament House for the better satisfaction and ordering of their owne judgements to treat and conclude of such Lawes as might depend hereupon This also being thought very reasonable was signified to both parties and so fully agreed upon and the day appointed for the first meeting to bee the Friday in the afternoone being the last of March at Westminster Church At which day and place both for good order and for honor of the Conference By the Queens Maiesties Commandement the Lords and others of the privie Councell were present and a great part of the Nobility also The Lord Keeper and the rest of the Lords bearing chiefe sway in ordering this conference as you may read at large in Master Fox in the second dayes discourse In this Conference I shall onely observe two passages of the Protestant party The first is the begining of their Prologue to their written Conference in these words For as much as it is thought good to the Queens most Excellent Majesty unto whom in the Lord all obedience is due that we should declare our Iudgement in writing upon certain Propositians We as becometh us to do herein most gladly obey The next is their third observation from the law of Justinian the Emperor commanding all Bishops and Priests to celebrate the holy oblation and prayers in Baptisme with an audible voyce c. And let them know this that if they neglect any of these things the dreadfull judgement of the great God and our Saviour Jesus Christ shall fall upon you neither will wee when wee know it rest and leave it unrevenged viz. That this Emperour being a christian did not only make Constitutions of Ecclesiasticall matters but also threatneth revenge and sharp punishment to the violaters of the same Therefore they held he had an obliging power over his Subjects and a coersiveauthority vested in him to enforce obedience to his Lawes of which more hereafter As this was the practise of this blessed pious Queen in the begining of her Raigne to prescribe to her Clergy in Convocation what they should treat off and how So it continued in use and was punctually submitted to by all Convocations during her Raigne and that not onely as a matter of complement but of conscience religion and the established doctrine of the Church of England as you may read at large in Bishop Jewels Apology of the Church of England and in the Defence of his Apologie against Harding part 6. c. 9. to 16. p. 689. to 766. a learned full discourse to this purpose and in Bishop Bilsons true Difference between Christian Subjection unchristian Rebellion the second part to omit all others who have handled this subject in her Raigne It seemes therefore strange to me that this which was reputed the true doctrine of the emmine●test learnedest writers Reformers of this Church and of the Church of England it selfe from the begining to the end of her happy Raign and ever since should bee deemed meere Antichristian Diabolicall theomacall and meer Popish doctrine now when as the contrary opinion is really such Our late Soveraigne King James in his Letters Patents before the Ecclesiasticall Canons and Constitutions made in Convocation A● 1603. recites that he called that Convocation by his Writ and that ●e did By severall Letters Patents under his Great Seale of England the one dated the 11. of April the other the 25. of Iune in the first year of his Raigne Give and grant full free and lawfull liberty power and Authority unto the sayd Clergy in their Convocation who without such a Patent and License could debate and conclude nothing else it had been vaine and superfluours To conferre Treat Debate Consider Consult and agree of and upon
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
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 constituti●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 o● first fruits to the Bishop of Rome nullifies his usurped power and Buls settles the forme of electing and consecrating Archbishops and Bishops within this Realme and plentifully manifests the Kings and Parliaments Jurisdictions in Ecclesiasticall affaires chap. 21. doth the like exonerating the Kings Subjects from all exactions and Impositions heretofore payed to the Sea of Rome and enabling the Archbishop of Canterbury and his Officers to grant all Licences and dispensations within the Realme which were formerly granted at Rome only The Statute is worthy perusall consideration fully demonstrating the power of the Parliament in Church affaires 26. H. 8. c. 1. declares the Kings Highnesse to be supreme head of the Church of England under Christ making it a part of his Royall Title and to have Ecclesiasticall authority to redresse and reforme all Errors Heresies and abuses in the Church punishable by any spirituall or ecclesiasticall Law Chap. 3. enacts The payment of the first fruits of all Dignities Benefices promotions spirituall and tenthes to the King and his Heires abolishing the Popes usurpations and authority herein ch 13. abolisheth sanctuarie in cases of High Treason ch 14. Authorizeth the nomination and consecration of suffragan Bishops in sundry places of this Realme and both creates and limits their authority chap. 15. takes away some exactions of spirituall men within the Archdeaconry of Richmond 27. H. 8. c. 8. limits that the Kings spirituall Subjects shall pay no Tithes whiles they are in their first fruits ch 15. authorizeth the King to nominate 32. persons halfe of the Clergy the other of the Laity for the perusall and making of Ecclesiasticall Lawes and manifests the Convocations invalidity to make such lawes or Canons ch 19. Limiteth and abolisheth Sanctuaries and sanctuary persons ch 20. containes an Order touching the paying of Tithes throughout the Realme ch 21. Limits the maner of payment of Tythes within the City of London ch 27. suppresseth divers Monasteries Priories and Religious Houses vesteth their revenues in the King and erects the Court of Augmentations 28. H. 8. ch 10. extinguisheth thes authority of the Bishop of Rome prescribes an Oath of abjuration of it and Popery together with the Popes usurpations and excellently sets forth the Kings supreamacy the Parliaments authority in matters ecclesiasticall as you may read in the Act worthy perusall ch 11. enacts Restitution of the first fruits in time of vacation to the next incumbent ch 13. compells spirituall persons to residence upon their livings ch 16. Releaseth such as have obtained pretended Licences and dispensations from the Sea of Rome 31. H 8. c. 6. enables such as were Religious persons to purchase lands to sue and be sued in al maner of Actions which they were disabled formerly to do by the Common Canon Law ch 9. Enables the King to make Bishops by his Letters Patents only and to erect new Bishopricks which he did ch 13. disolves all Monasteries and religious Houses and vests them in the King wherein you may behold much of the Kings and Parliaments power in Church businesses ch 14. For abolishing of diversity of opinions in matters of Religion most fully and exactly demonstrates the Kings and Parliaments jurisdictions in matters of Religion as the whole Act sufficiently manifests though the Articles therein defined were erronious and the Act too cruell and bloudy 32. H. 8. cap. 8. provides for the true payment of Tythes and offerings chap. 10. containes the punishment of incontinent Priests and of women offending with them ch 12. concernes Sanctuaries and the priviledges of Churches and Church-Yards ch 15. prescribes the manner of proceeding against Heretickes and impugners of the Act for abolishing of enormious opinions in Christian Religion chap. 23 24. concernes Accounts of Bishops and subsidies granted by the Clergie chap. 25. Dispences the Kings marriage with the Lady Iane chap. 24. Dissolves the Hospitalls of Saint Johns of Ierusalem in England and Ireland for supporting and maintaining the supremacy and jurisdiction of the Bishop of Rome contrary to their duty and Allegiance chap. 26. Intitled An act concerning true opinions and Declaration of Christs Religion is most pregnant to our present purpose which you may peruse chap. 38. Concerning precontracts of marriages and degrees of consanguinity is likewise a most punctuall Act for the Kings and Parliaments Ecclesiasticall power and chap 44. 45 47. good evidences of it 33. H. 8. chap. 15. 27 28 29 30 31 32. Enabling Religious persons to sue and bee sued severing the Bishopricks of CHESTER and Isle of MAN from the jurisdiction of CANTERBURY to the See of Yorke making the Church of Whitgate a Popish Church by it selfe and severing it from the Parish of Over which I wish our Independents to observe and to learne from this and other Acts that no new Churches or Parishes can be erected legally but by act of Parliament which none of their Churches are 34. and 35. H. 8. c. 1. intituled An act for The advancement of true Religion and For the abolishing of the contrary is most pertinent to our purpose and c. 15. 17 19 35. H. 8. c. 9. for ratification of the Kings stile and Title of Defender of the Faith and supreame head of the Church of England and Ireland ch 6. Concerning the qualification of the Statute of the 6. Articles c. 16. concerning the examination of the Canon Lawes by 32. persons halfe of the Clergie and halfe of the temporalty to be named by the Kings Majesty during his life to compile a body of the Canon Law to bee used in the Realme 37. H. 8. c. 4. 12. but especially ch 17. That Doctors of civill Law may execute Ecclesiasticall jurisdiction though Laymen and married a Law worthy reading and chap. 21. For the union of Churches not exceeding the value of 5l which could not be done but by Act of Parliament are all most pregnant evidences of the Kings and Parliaments indubitable Ecclesiasticall jurisdictions in matters of Discipline Religion Church-government and all Church affaires whatsoever The Statutes made in King
Edward the 6. his Reigne are most punctuall and pegnant evidences hereof as namely 1. Edw. 6. ch 11. For administring the Sacrament in both kindes therein proved necessary by sundry Texts of Scripture and punishing such persons as shall unreverently speake against the Sacrament with Temporall and Ecclesiasticall censures ch 2. concerning the election and creation of Bishops by the Kings Letters Patents and what Processe and Seales they shall use declaring that they have no Ecclesiasticall jurisdiction but meerely from the King ch 9. For uniting certaine Churches within the City of Yorke ch 12. which abolisheth Sanctuaries and Clergy in some cases 2. and 3. E. 6. ch 1. For the Vniformity of service and the administration of the Sacraments throughout the Realme ch 13. For the true payment of Tythes ch 19. For abstinence from flesh ch 20. Concerning Recusants ch 23. For positive Lawes made against the Mariage of Priests ch 23. The repeale of a Statute touching Precontracts of Mariage 3. and 4. E. 6. ch 10. For the abolishing and putting away of diverse superstitious Popish Books and Images chap. 11. That the Kings Majesty may nominate and appoint 32. persons halfe Clergy-men and halfe Laymen to peruse and make Ecclesiasticall Lawes ch 12. For the manner of Ordaining Ecclesiasticall Ministers and Consecrating Bishops ch 15. Against fond and phantasticall Prophecies 5. and 6. E. 6. ch 1. For the uniformity of Common Prayer and administration of the Sacraments ch 3. For the keeping of Holy-dayes and Fasting dayes ch 4. Against fighting and quarelling in Churches and Church-Yards ch 12. For the lawfulnesse of Priests Mariage and legitimation of their children chap. 13. Touching Religious persons and c. 23. Against Vsurie All these are clearely Ecclesiasticall Acts yet made by Parliament The Statutes in Queene Maries Reigne though of a different Religion from her brother and a zealous Pontifician sufficiently evidence the jurisdiction of our Princes and Parliaments in matters of the Church and Religion witnesse 1. Mar. Parl. 1. Ses 2. Chap. 2. Repealing diverse acts-made touching Religion in King Edward the 6. his Raigne and setting up Masse and the old Lyturgies againe chap. 2. Against Offendors of Preachers and other Ministers in the Church or Church-Yard or interrupting them in their Sermons or saying Masse under paine of imprisonment fines and Ecclesiasticall censures chap. 15. For re-edifying the parish Church of Saint Ellins in Stangate 1. Mariae Par. 2. c. 1. Declaring That the Regall power of this Realme is in the Queenes Majesty as fully and absolutely as ever it was in any of her most Noble Progenitors Kings of this Realme chap. 3. Being an Act of Repeale of two severall acts in the 7. yeare of King Edward the 6. touching the dissolution of the Bishoprick of Durham Chap. 9. Touching Ordinances Rules c. in Cathedrall Churches and Schooles c. 10. Repealing a statute for the uniting of the parish Churches of Onger and Greensted in the County of Essex 1. and 2. Phil. and Mary chap. 6. For the reviving of three Statutes made for the punishment Of Heresies and that with forseiture of Lands imprisonment and death in some cases chap. 8. Intituled an Act repealing all Statutes Articles and provisions made against the See Apostolike of Rome since the 20. yeare of King H. 8. and restoring the Bishops with their Courts offices the Pope himselfe to their former usurped jurisdictions in England ratifying this Popes very Bulles and dispensations to make them valid and setling the whole affaires of the Church of England chap. 9. 20. For the punishing of traiterous Sermons and Prayers against the Queene chap. 17. Concerning leases of some spirituall persons and 2. and 3. Phil. and Mary chap. 4. For the extinguishment of first fruits c. All Ecclesiasticall Statutes In Queen Elizabeths happy Raigne there are sundry Statutes abundantly manifesting her own and the Parliaments supreame Iurisdictions and Legislative power in matters of Religion Church-government Discipline c. as namely 1 Eliz. c. 1. An Act restoring to the Crowne the ancient Jurisdiction OVER THE STATE ECCLESIASTICALL SPIRITVALL and abolishing all fortaigne power repugnant to the same which gives the Queen her heires and successors all manner of Ecclesiasticall Iurisdiction in and over all Ecclesiasticall persons and causes and power to correct redresse and reform all manner of HERESIE SCHISME ERRORS ABVSES OFFENCES ECCLESIASTICALL prescribes the oath of Supremacy which all are to take and most Independents have formerly taken wherein they do utterly testifie and declare in their consciences that the Queen and her Successours are the onely supreame Governours of this Realme and other their Dommions as well IN ALL SPIRITVALL OR ECCLESIASTICALL THINGS OR CAVSES as temporall c. which jurisdiction of theirs they sweare to their power to assist and defend Which oath if any refuse to take hee shall forseit all his Ecclesiasticall promotions and temporall offices This Act likewise abolisheth the Popes jurisdiction under pain of a praemunire and other mulcts against the maintainers of it It determines what shall be adjudged HERESIE and what not namely Only such matter and cause as heretofore hath been determined ordered and adjudged to be heresie by the authority of the Canonicall Scriptures o● 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.
Common State before all controversies of Religion and causes Ecclesiasticall had beene concluded King Canute in his Parliament holden at Winchester upon Christmas day after sundry Lawes and Orders made touching the faith the keeping of holy Dayes publike prayers learning of the Lords Prayer receiving of the Communion thrice in the yeare the manner and forme of Baptisme fasting and other like matters of Religion in the end thereof saith thus Iam sequitur institutum Legum secularium Now followeth an Order for temporall Lawes Thirdly we see that the Godly Catholique Princes in old times thought is their duty before all other offices of the Common weale first to determine matters of Religion and that even BY THE PARLIAMENTS OF THIS REALME In a Parliament holden by King William the Conquerer it is written thus The King for as much as he is the Vicar of the highest King is therefore appointed for this purpose that he should Rule and defend the Kingdome and People of the Lord and above all things the holy Church c. Hereby it appeareth that Kings and Princes are specially and of purpose appointed by God not only to defend but also to Governe and Rule the holy Churh How be it if any imperfection shall appeare in the former Parliaments we give God thankes for the same that is and trust that for his owne names sake he will confirme what he hath begun The hearts of Princes and determinations of Parliaments are in his hands If any thing want the arme of the Lord is not Shorted he is able to supply the same So our incomperable Iewell enough to satisfie and silence all our Opposites Thomas Bilson Warden and afterwards Bish of Winchester bringing in the Prelates and Iesui●s objecting against our reformed Protestant Religion that it was brought in and ratified not by a Councell and Synod of the Clergy but by the Prince Queene Elizabeth and the Parliament who say they had no power to determine or deliberate of those matters returnes this answer May not the Prince command for truth within hee Realme except your consents be first required and had● May not her Highnes serve Christ in making laws for Christ without your likeing Claime you this interest and prerogative that without you nothing shall be done in matters of Religion by the Laws of God or by the liberties of this Realme By the Lawes of the land you have no such priviledges Parliaments have beene kept by the King and his Barons the. Clergy wholy excluded and their Acts and statutes good And when the Bishops were present their votes from the Conquest to this day were never negative By Gods Law you have nothing to do with making Lawes of Kingdoms or Common wealthes You may teach you may not command persuasion is your part compulsion is the Princes If Princes imbrace the truth you must obey them If they pursue truth you must abide them By what authority then claim you this Dominion over Princes that their laws for Religion shall be voyde unles you consent seeing they are the maintainers establishers and upholders of the faith with publique power and positive Lawes which they and their Parliaments may make without a precedent councel of Clergy men to guid them as he there proves at large by sundry presidents If any Concurre not with me in this undoubted Ecclesiasticall Iurisdiction of Christian Princes and Parliaments after all these pregnant testimonies I must tell them in plaine english they directly violate their late vow and Covenant and symbol●e herein with Jesuites and Popish Prelates whose doctrines they have abjured by their Nationall Covenant and therefore cannot may not ever hereafter emb●ace without the highest Perjury and plaine Apostacy unto Popery I shall finish this Section of the Authority and power of Parliaments in matters of Religion Church-government Discipline and enacting Lawes in all and every of these particulars with some forraigne presidents in the Parliaments Diers Assemblyes of Estats in other Realme republikes Should I now relate unto you the many ecclesiasticall Laws of all sorts made in them I might swell this Treatise into many folio volumes I shal therefore only give you a brief touch catalogue of some few which the Studious may peruse make use of at their leisure For FRANCE you may survey the Decrees of King Childebert debated and agreed by him and his people in a Parliament de quibuscunque conditionibus una cum Optimatibus nostris c. 2. 4. c. 15. For sanctifying the Lords Day prohibiting the dressing of any but necessary food on it all Bodily labour under pecuniary mulcts The ecclesiasticall laws of Charles the great Ludovicus pius Charles the Bald collected into one volum by Abbot Ansegisus Benedictus Levita Lindebrogus others printed with some pettinent additions Parisijs 1640. stiled Capitula Regum Episcoporum Maximeque OMNIVM NOBILIVM FRANCORVM were made GENERALI CONSENSV PIDPLIVM SKORVM ET GENERALI CONSVLTV ET COMMVNI CONCILIO by generall consent of the King Bishops and especially of the Nobles and states of France in Common Councells Parliaments and Assemblies of the estates Who had so great a power in making rejecting Canons ecclesiasticall Lawes that when in the yeare 846. the Bishops of France and their suffragans had in their Synods compiled certaine Canons by the command of Charles the Bald and tendered them to him as he had commanded in Sparna● a Village of the Church of Rhaemes to peruse and approve the King Dissidentibus regni sui PRIMORIBVS ab eorundem episcoporum admonition● by reason that the Nobles and other men of his Realme differed from the Bishops in opinion in most of those Canons the King and Nobles out of all their Canons or Chapters haec tantum observanda complacenda sibi colligerunt Episcopis scripto tradiderunt dicentes NON AMPLIVS DE FORVM CAPJTVLIS ACCEPTASSE QVAM ISTA ET ISTASE VELLECVM PRINCIPE OBSERVARE which were Stiled Captule Regis CAROLI not the Bishops Canons By which it is evident that no ecclesiasticall lawes or Canons could be made in France to bind either Clergy or Laity but such at the King Nobles Parliament and three estates approved and confirmed I shall add to this that Anno 1307. King Philip the 4. of France assembled a Parliament at Paris wherein the Laity of France exhibited 65. Articles against the Clergy to regulate their jurisdiction and abuses which were there largely handled and debated as you may read at leisure in Masters Fox who records the passages very fully in the French Histories What the Parliament Estates in France have done enacted in matters of Religion Church-Government and discipline of ancient and latter times you may read at large in Liurentius Bochellus his Decreta Ecclesiae Gallicaiae in Carolus Molinaeus Contra parvas Datas c. in William Ranchin his Survay of the Councel of Trent but above all in Antonie Fontanon
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 a●●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 Majestrat●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
that in a Parliament or Councell wherein the King Nobels Senators and Elders of the people were present as well as Bishops and Clergy men Witnesse this preface to those Lawes of his Ego Inas Dei beneficio Occiduorum Saxonum Rex suasu et instituto Conredi Patris mei Heddae et Erkenvaldi Episcoporum meorum omnium Senatorum meorum et natu majorum sapientum populi mei in magna servorum Dei frequentia religiesè studebam tum animarum nostrarum saluti tum communi Regni nostri conservationi ut legittima nuptiarum faedera justaque judicia per omnem ditionem nostram fundata stabilitaque sint atque ut nulli liceat imposterum Senatori sive alteri cuivis in ditione nostra degenti haec nostra antiquare judicia Anno 694. there was a great Councell held at Becanceld wherein Withred King of Kent sate President and Bertuald Archbishop of Britain with Toby Bishop of Rochester the Abbats Abbesses Presbiters Deacons DVKES EARLES all assembled together deliberating about the state of the Churches in England The King subscribed the Lawes there made for the liberties of the Church in this manner Ego Withredus auxilio Christi his Legibus constitutis Rex pro Mo et Werburga Regina itemque pro filio nostro Arico subscripsi Anno 697. there was a Councell held at Berghamsted in the 5th yeare of the Reigne of Withred King of Kent under Birtuald the high Priest of Britanny Gybmund Bishop of Rochester and all the Ecclesiasticall Orders qui cum viris utique militaribus humanissimè et communi omnium assensu has l●ges decrevre Cantuariorumque Iuribus et consuetudinibus prout sequitur addendas edixere The Lawes are 28. in number all concerning Ecclesiasticall matters and are stiled in the Saxon Copy Juditia Withredi made in a Councel at Berghamsted praesentibus omnibus Ordinibus illius gentis cum viris quibusdam militaribus So that this was no other but a Parliament wherein the King Nobles Commons and Souldiers were present as well as the Bishops promulging and con●enting to these Lawes About the yeare 712 ●ae King of Westsex assembled a great Councell of all his Bishops PRINCES NOBLES EARLES AND OF ALL THE WISEMEN ALDERMEN AND COMMONS OF THE WHOL REALM wherein he made certain Ecclesiasticall Lawes concerning mariages to suppresse all fornication and uncleanesse Exhortatione doctrina per COMMVNE CONCILIVM ASSENSVM OMNIVM Episcoporum OMNIVM ALDERMANNORVM PRINCIPVM PRO●ERVM COMITVM OMNIVM SAPIENTVM SENIORVM POPVLORVM TOTIVS REGNI or MVLTAQVE CONGREGATIONE SERVORVM DEI as some others render it About the yeare 714 Naitan King of Picts received a letter from Abbot Celfred concerning the time of celebrating Easter and Priests tonsure which he desired the King to cause to be observed throughout the Nation over which God had made him Kings the King hereupon assembled a Councell of learned men and of his Nobles and reading the said letter before them Rex surgens DEMEDIQ OPTIMATVM SUORUM CONSESSV kneled downe upon his knees giving thanks to God that he had deserved to receive such a gift from the Land of England and professed that he would have this forme of keeping Easter and tonsure to be perpetually observed throughout his Realme which was presently commanded by a royall Edict to be put in publique execution and was accordingly performed Anno 724. There was a Synod held in Northumberland by the Authority and favour of King Osred wherein wilfrid by the Kings favour got the superiority of his enemie About foure yeares after there was another Councell held at Worcester under Archbishop Bertuald by Pope Constantines advise not only of Religious persons Sed etiam regni Procerum But likewise of the Nobles of the Realme The Councell of Clovesho or Cliffe Anno 747. Cui Concilio interfuerunt Ethelbaldus M●rciorum Rex CVMOMNIBVS REGNI SVI PRINCIPIBVS ET DVCIBVS as well as the Bishops and Clergy made sundry Ecclesiasticall Constitutions consented to and approved by the King all the Princes Dukes Nobles of his Kingdom not made or promulged by the Bishops only At this Councell were present 33. Princes and Dukes The Ecclesiasticall Canons in the Councell of Calchyth Anno 787. were made and confirmed by Offa King of Mercians and the secular Princes and Senators of the Land therein assembled as well as by the Ecclesiasticall Persons Convenerunt Omnes Principes regionis ●tam Ecclesiastici quam Seculares c. Tam REX QVAM PRINCIPESSVI CVMSENATORIBVS TERRAE DECRETA SIGNO CRVCIS FIRM AVERVNT Anno 7●9 Pope Alrians Legates held a Councell at Chalchyth where Jambert Archbishop of Canterbury resigned part of his Archbishoprick to the Bishop of Litchfield and Offa King of Mercians who sate chiefe in it caused his Sonne Egfride to be crowned King it being in truth a Parliament as well as a Synod antiently and yet stiled a COVNCELL Anno 793 King Offa held a Councell at Verolam with Archbishop Humbert and his suffragans ET PRINCIPIBVS SVIS VNIVERSIS and all his Princes where they consulted about and resolved to build an Abbey to Saint A●ban and to endow it with great priviledges and that the King should goe to Rome about it which he did Iuxta sententiam praedicti Concilii Anno 794. at the great Councell of Celichyth there were present 9. Kings 15. Bishops and 20. Dukes wherein the Reliques of Saint Alban were elevated adorned and a Monastery sounded to enshrine his bones And the same yeare King Offa having assembled another Councell of his Bishops and Nobles at Verolam REX VNANIMI OMNIVM CONSENSV et benevola voluntate beate Albano amplas contulit terras et possessiones innumeras Monachorum quoque conventum ad tumbam congregavit c. Cyneulf King of Westsex about the yeare 796. writ a letter to Lullus Bishop of Mentz una cum Episcopis meis neenon CVM CATERVA SATRAPARVM to settle matters of Religion In the Councell of Clovesho under Kenulf King of Mercians An. 800. who summoned to that Synod Episcopos DVCES Abbates CVJVSCVNQVE ORDINISVIROS there were severall Canons made concerning matters of faith and the lands and revenue of the Church At the Synod of Celichyth held on the sixth of August An. 816. under Kenulf King of Mercians there were not onely Bishops Abbots Priests and Deacons present in it but the King himselfe cum suis Principibus Ducibus Optimatibus with his Princes Dukes Nobles who made and published 11. Canons concerning matters of saith and Church affaires Anno 822. there was a Synodall Councell held at Clovesho under king Beornulfe wherein this king sate President Archbishop Wilfred with the rest of the Bishops and Abbots OMNIVMQVE DIGNITATVM OPTIMATIBVS Ecclesiasticarum scil SAECVLARIVM PERSONARVM being present in it debated such things as concerned the profit and necessity of Churches the rule and observance of a Monasticall life and likewise