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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A69617 Two arguments in Parliament the first concerning the cannons, the second concerning the premunire vpon those cannons / by Edward Bagshawe, Esquire. Bagshaw, Edward, d. 1662. 1641 (1641) Wing B401; ESTC R16597 30,559 46

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this seems to be the meaning of that Act that the Parliament should have a power in establishing the Canons of the Clergie it appeares by that Act in the appointing of the 32. Commissioners for the making of Canons whereof 16. were to be taken from the Temporalitie out of the upper and nether House of Parliament and 16. more were to be taken from the Clergy So that the Clergie had not that power to do it alone without the Laity though they had the Kings Royall assent thereunto And that the practise was alwaies so that the Acts and Constitutions of the Clergy had their determination and conclusion in Parliament appeares by these examples The 6 Articles mentioned in the Stat. 31. Hen. 8. cap. 14. 31. H. 8. cap. 14. were debated in the Synod or Convocation of the Clergy but were not binding to the people without confirmation in Parliament as appeares clearly by that Act. 32. Hen. 8. cap. 26. The institution of a Christian man compiled in a book by all the Clergy of England containing matter of doctrine as likewise the Rites and Ceremonies of the Church were not binding to the people without the approbation and confirmation of the Parliament of 32. H. 8. c. 26. as appears by that Statute And whereas it was said under the Gallery that the Laietie have nothing to do to meddle with matter of Religion If he had pleased to have cast his eyes upon the Stat. of 1. Ed. 6. ca. 1. he would have found there a notable debate and dispute in Parliament by the Laitie onely against Transubstantiation m l. 5 In S Th. Cottons library and Communion in one kinde as may appeare in that Statute Besides I have seene the Diary of King Ed. 6. written with his owne hand wherein he hath this passage This day there was a notable debate in the Lower House of Parliament against the Communion in one kinde So the Statutes of 2. E. 6. cap. 21. and 5. E. 6. cap. 12. concerning marriage of Priests gave a finall determination to that point by a binding Law upon a debate had first in the Convocation The Canons and Constitutions made by the 32. Commissioners upon the Statutes of 27. H. 8. cap. 15.35 H. 8. cap. 16. and 3. Ed. 6. c. 11. were compiled 6. E. 6. and afterwards printed and published and all the Commissioners names I have seen under king E. 6. own hand and although they be singular good Laws and written in excellent language yet because they have not had the allowance of Parliament are not received as binding Laws at this day Lastly the 39. Articles of Religion made in the Convocation 1562. were not binding Laws to the whole Kingdome till they had their approbation and confirmation by the Stat. of 13. Eliz. cap. 12. Thus have I as briefly as I could run over the practise of all ages in making Ecclesiasticall Laws and the reasons of their practise are briefly these A comparatis by an argument a minori ad majus If property of goods cannot be taken from me without my assent in Parliament which is the fundamentall Law of the land and so declared in the petition of right why then property and liberty of Conscience which is much greater as much as bona animi are above bona fortunae cannot be taken from me without my assent Libertie of Religion and Conscience are as I take it within the words of magna Charta M Ch. cap. 29. graunted to me as mine Inheritance cap. 29. Nullus liber homo imprisonetur aut disseisetur de libertatibus vel liberis consuetudinibus suis And liberty of Conscience is the greatest liberty It is by a necessary Consequence and deduction within the words Imprisonetur for put the Case that the Clergy make Cannons to which I never assented and I breake these Cannons whereupon I am excommunicated and upon a significavit by the Bishop my body is taken and imprisoned by a writ de excommunicato capiendo now shall I lye in prison all the dayes of my life and shall never be delivered by a Cautione admittenda unlesse I will come in parere mandatis Ecclesiae which are point blank against my conscience And thus have I proved the first and chiefest point that no Cannons can bind the Laiety and Clergy without consent in Parliament and therfore these Cannons made against the Laiety as well as the Clergy without their assent cannot bind Point 2 I come now to the 2d. point which is this Admitting the Clergy have power to make Cannons without common assent The question is whether they had lawfull authority to make these by force of the Stat. of 25. Hen. 8. cap. 19. I thinke they had not The words of the Statute by which the Clergy have power to make Cannons 25. Hen. 8. cap. 19. are penned in the negative That they shall not enact promulge or execute any Cannons or Constitutions c. in their Convocations and which alwayes shall be assembled by authority of the Kings writ unlesse the same Clergy may have the Kings most royall assent to make promulge and execute such Cannons upon paine of imprisonment and to make fine at the Kings will By which it plainly appeares that the Clergy have no power to make Cannons but in their Convocation and that to the making of these Cannons there must be the Kings royall assent Whether this were so or no comes now to be examined wherin is to be observed the severall writs and Commissions which they had for the making of these Cannons The first writ that issued forth About the first of Feb. 1639. was the Parliament writ directed to every Bishop for calling them and their Clergy which had this clause in the latter end Ad consentiendum ijs quae tunc ibidem de communi concilio regni nostri divina favente clementia contigerint ordinari The 20. of February following went foorth two Writs more called the Convocation Writs directed to the severall Arch-bishops of Canterbury and Yorke for the election of Clerks to the severall Convocations which had these words in the writs Ad tractandum consentiendum concludendum super praemissis alijs quae sibi clarius exponentur tunc ex parte nostra The Parliament began the 13th of Aprill following and on the 15. of Aprill issued out a Commission to the Arch-bishop of Canterbury to alter amend and change the old Canons and to make new during the Parliament the like went to the Arch-bishop of Yorke On the fift of May following the Parliament was dissolved wherby as I conceive the Law to be the Convocation was likewise dissolved and determined which being so and no Cannons made by them all this time then could there be no Cannons made in the Convocation according to the words of the Statute And therfore the 12. of May following there went foorth another Commission to the Arch-bishop of Canterbury to make Cannons c. during the Kings will